Category Archives: Children & the Law

Library HighLights: Natural Disasters & The Law

Disaster Law & PolicyDisaster Law and Policy

Daniel A. Farber

KF3750 .F37 2010

 

From the Publisher: Disaster Law and Policy examines the growing field concerned with disaster prevention, emergency response, compensation & insurance, human rights, and community recovery. The first book on disaster law to appear in the wake of Katrina, this fascinating text provides the key building blocks for a thoughtful analysis of the issues that surround disaster-relief policy and procedure.

Law of EmergenciesThe Law of Emergencies

Nan D. Hunter

KF5900 .H86 2009

 

From the Publisher: The Law of Emergencies introduces the American legal system as it interacts with emergency management and public health issues. Hunter engages with and debates some of the most important Constitutional issues of our time, such as the tension between civil liberties and national security. She also shows how the law in this area plays out in the context of real life emergencies where individuals often have to make split-second decisions.

Children Law and DisastersChildren, Law, and Disasters: What We Learned from Katrina and the Hurricanes of 2005

ABA Center on Children and the Law

KF3735 .C475 2009

 

From the Publisher: This book, a collaboration between the American Bar Association and the University of Houston Law Center, examines the intersection of children, law and disasters like Hurricane Katrina. It looks at the experiences of children during the disasters and the first response to the events in order to demonstrate how we can do a better job for children. It acknowledges the considerable stress on systems such as juvenile justice, foster care, and education before the disasters and what needs to happen in a post-Katrina world.

CatastropheCatastrophe: Law, Politics, and the Humanitarian Impulse

Austin Sarat (Ed. )

KF3750 .C38 2009

 

From the Publisher: From 9/11 to Katrina, from Darfur to the Minnesota bridge collapse, ours is an “age of catastrophe.” In this era, catastrophic events seem to have a revelatory quality: they offer powerful reminders of the fragility of our social and institutional architectures, making painfully evident vulnerabilities in our social organization that were otherwise invisible. By disrupting the operation of fundamental mechanisms and infrastructures of the social order, they lay bare the conditions that make our sense of normalcy possible.

Emergencies and the limits of legalityEmergencies and the Limits of Legality

Victor V. Ramraj

K4700 .E46 2008

 

From the Publisher: This collection of essays – at the intersection of legal, political and social theory and practice – explores law’s capacity to constrain state power in times of crisis. The global response to the 11 September 2001 attacks on the United States was no exception, and the wave of legislative responses is well documented. Yet there is an everpresent danger, borne out by historical and contemporary events, that even the most well -meaning executive, armed with extraordinary powers, will abuse them. This inevitably leads to another common tendency in an emergency, to invoke law not only to empower the state but also in a bid to constrain it. Can law constrain the emergency state or must the state at times act outside the law when its existence is threatened? If it must act outside the law, is such conduct necessarily fatal to aspirations of legality?

When Nature StrikesWhen Nature Strikes: Weather Disasters and the Law

Marsha L. Baum

KF3750 .B38 2007

 

From the Publisher: Shows us the human side of the weather by explaining how the law and weather interact. Both law and weather affect us every day of our modern lives, yet most people do not know how the weather has affected developments in the law, nor are they aware of how the law has attempted to develop ways to affect the weather. When Nature Strikes is the first book to examine the various areas in which law and weather meet and affect each other. This one-of-a-kind work describes the law related to weather in the United States in the context of specific cases, legislation, and administrative legal action.

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Library Highlights: Native American Law

Introduction to Tribal legal Studies

Justin B. Richland and Sarah Deer

KF8205 .R53 2010

From the Publisher: This second edition of Introduction to Tribal Legal Studies is the only available comprehensive introduction to tribal law. In clear and straightforward language, Justin B. Richland and Sarah Deer discuss the history and structure of tribal justice systems; the scope of criminal and civil jurisdictions; and the various means by which the integrity of tribal courts is maintained. This book is an indispensable resource for students, tribal leaders, and tribal communities interested in the complicated relationship between tribal, federal, and state law. The second edition provides significant updates on all changes in laws affecting the tribes, numerous new case studies (including studies on Alaskan tribes and family law), and a new concluding chapter.

Children, Tribes, and States: Adoption and Custody Conflicts over American Indian Children

Barbara Ann Atwood

KF8210.C45 A98 2010

From the Publisher: Children, Tribes, and States offers a multi-layered critique of Indian child welfare law. The Indian Child Welfare Act of 1978 (ICWA) provides the governing law and reflects the prevailing federal policy. Three decades after its enactment, the law remains controversial. On one hand, Atwood agrees that many state courts still resist ICWA’s jurisdictional provisions because of distrust of tribes and tribal courts. These jurisdictional battles not only deter the courts from addressing the merits of the children’s cases but also prolong the children’s stay in temporary care. On the other hand, she argues that when a state court decides the placement of an Indian child, it must take into account the child’s individual needs. The book explores alternative placements that may conform to the culture of a child’s tribe, such as customary adoption and kinship guardianships. Atwood proposes reforms that aim to protect the children’s well-being while fitting with contemporary understandings of tribal sovereignty and the promotion of cultural identity.

Navajo Courts and Navajo Common Law: A Tradition of Tribal Self-Governance Raymond D. Austin

KF8228.N3 A95 2009

From the Publisher: The Navajo Nation court system is the largest and most established tribal legal system in the world. Since the landmark 1959 U.S. Supreme Court decision in Williams v. Lee that affirmed tribal court authority over reservation-based claims, the Navajo Nation has been at the vanguard of a far-reaching, transformative jurisprudential movement among Indian tribes in North America and indigenous peoples around the world to retrieve and use traditional values to address contemporary legal issues. A justice on the Navajo Nation Supreme Court for sixteen years, Justice Raymond D. Austin has been deeply involved in the movement to develop tribal courts and tribal law as effective means of modern self-government. He has written foundational opinions that have established Navajo common law and, throughout his legal career, has recognized the benefit of tribal customs and traditions as tools of restorative justice. In Navajo Courts and Navajo Common Law, Justice Austin considers the history and implications of how the Navajo Nation courts apply foundational Navajo doctrines to modern legal issues. He explains key Navajo foundational concepts like Hózhó (harmony), K’é (peacefulness and solidarity), and K’éí (kinship) both within the Navajo cultural context and, using the case method of legal analysis, as they are adapted and applied by Navajo judges in virtually every important area of legal life in the tribe. In addition to detailed case studies, Justice Austin provides a broad view of tribal law, documenting the development of tribal courts as important institutions of indigenous self-governance and outlining how other indigenous peoples, both in North America and elsewhere around the world, can draw on traditional precepts to achieve self-determination and self-government, solve community problems, and control their own futures.

Broken Landscape: Indian Tribes and the Constitution

Frank Pommersheim

KF8205 .P63 2009

From the Publisher: Broken Landscape is a sweeping chronicle of Indian tribal sovereignty under the United States Constitution and the way that legal analysis and practice have interpreted and misinterpreted tribal sovereignty since the nation’s founding. The Constitution formalized the relationship between Indian tribes and the United States government–a relationship forged through a long history of war and land usurpation–within a federal structure not mirrored in the traditions of tribal governance. Although the Constitution recognized the sovereignty of Indian nations, it did not safeguard tribes against the tides of national expansion and exploitation. As [this title] demonstrates, the federal government has repeatedly failed to respect the Constitution’s recognition of tribal sovereignty. Instead, it has favored excessive, unaccountable authority in its dealings with tribes. The Supreme Court has strayed from its Constitutional roots as well, consistently issuing decisions over two centuries that have bolstered federal power over the tribes.

Facing the Future: The Indian Child Welfare Act at 30

edited by Matthew L.M. Fletcher, Wenona T. Singel, and Kathryn E. Fort

KF8210.C45 F33 2009

From the Publisher: This is a comprehensive evaluation of well-intentioned but problematic federal legislation: The U.S. Congress is charged with responsibility for the protection and preservation of American Indian tribes, including Indian children. In 1978, Congress enacted the Indian Child Welfare Act (ICWA), with the intent to “protect the best interests of Indian children and to promote the stability and security of Indian tribes and families.” ICWA sets federal requirements that apply to state child custody proceedings involving an Indian child who is a member of or eligible for membership in a federally recognized tribe. ICWA also sets out federal requirements regarding removal of Indian children and their placement in foster or adoptive homes, and it allows the child’s tribe to intervene in the case. The history of the Act is a tangle of legal, social, and emotional complications. Some state courts have found unusual legal arguments to avoid applying the law, while some states have gone beyond the terms of the Act to provide greater protections for Indian people. This collection brings together for the first time a multidisciplinary assessment of the law — with scholars, practitioners, lawyers, and social workers all offering perspectives on the value and importance of the Indian Child Welfare Act.

The Supreme Court’s Role in American Indian Policy

John H. Vinzant

KF8205 .V56 2009

From the Publisher: Vinzant demonstrates how the Supreme Court has been effective at shaping American Indian policy in the areas of tribal sovereignty and the trust responsibility. He explains how the Court, has been able to be very active in stripping away tribal sovereignty while Congress has responded to restrain the Court. Vinzant introduces the idea of effectiveness in judicial policymaking and argues that the Court has been highly effective in making American Indian policy. Vinzant demonstrates how the Supreme Court has been effective at shaping American Indian policy in the areas of tribal sovereignty and the trust responsibility. He explains how the Court, has been able to be very active in stripping away tribal sovereignty while Congress has responded to restrain the Court. Vinzant introduces the idea of effectiveness in judicial policymaking and argues that the Court has been highly effective in making American Indian policy.

Law & Social Justice — Recent Acquisitions

Agenda for a Sustainable America
edited by John C. Dernbach
HC79.E5 A358 2009
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Assignment and Arbitration: A Comparative Study
Juan Carlos Landrove
K2400 .L36 2009
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At Home in the Law: How the Domestic Violence Revolution is Transforming Privacy
Jeannie Suk
KF9322 .S85 2009 (New Book Shelf)
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Autonomy, Consent and the Law
Sheila A. M. McLean
K3611.I5 M38 2010
ThomCat |Amazon.com

The Challenge of Child Labour in International Law
Franziska Humbert
K1821 .H86 2009
ThomCat |Amazon.com

Climate Change and the Law
Chris Wold, David Hunter, Melissa Powers
K3593 .W65 2009
ThomCat

Covering: The Hidden Assault on our Civil Rights
Kenji Yoshino
KF4749 .Y674 2007
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Does the Constitution Follow the Flag?: The Evolution of Territoriality in American Law
Kal Raustiala
KF413.J87 R38 2009
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The Evolution of the Fourth Amendment
Thomas N. McInnis
KF9630 .M35 2009
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Freedom from Religion: Rights and National Security
Amos N. Guiora
K3258 .G85 2009
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The Gender of Reparations: Unsettling Sexual Hierarchies While Redressing Human
Rights Violations
edited by Ruth Rubio-Marin
K5301 .G46 2009
ThomCat |Amazon.com

Global Democracy and Sustainable Jurisprudence: Deliberative Environmental Law
Walter F. Baber and Robert V. Bartlett
K3585 .B33 2009
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Global Employee Privacy and Data Security Law
Morrison & Foerster LLP; editors Miriam H. Wugmeister and Christine E. Lyon
K3264.C65 G578 2009
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Government by Contract: Outsourcing and American Democracy
edited by Jody Freeman, Martha Minow
HD3861.U6 G678 2009
ThomCat |Amazon.com

An Introduction to the American Legal System
John M. Scheb, John M. Scheb II.
KF385 .S34 2010
ThomCat |Amazon.com

Justice in Plainclothes: A Theory of American Constitutional Practice
Lawrence G. Sager
KF4550 .S235 2004
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Law and the Disordered: An Exploration in Mental Health, Law, and Politics
George C. Klein
KF3828 .K59 2009 (New Book Shelf)
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The Law of American State Constitutions
Robert F. Williams
KF4530 .W538 2009
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Legal Studies: Terminology and Transcription
Wanda Roderick-Bolton
KF319 .R6 2004
ThomCat |Amazon.com

Mechanical Witness: A History of Motion Picture Evidence in U.S. Courts
Louis-Georges Schwartz
KF8725 .S39 2009 (New Book Shelf)
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Mobilizing for Human Rights: International Law in Domestic Politics
Beth A. Simmons
K3240 .S5435 2009
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Obstruction of Justice: Federal Statutes
Charles Doyle
KF9300 .D69 2008
ThomCat |Amazon.com

Private Lawyers and the Public Interest: The Evolving Role of Pro Bono in the
Legal Profession
edited by Robert Granfield, Lynn Mather
KF299.P8 P745 2009 (New Book Shelf)
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Punishing Corporate Crime: Legal Penalties for Criminal and Regulatory
Violations
James T. O’Reilly et al.
KF9351 .P86 2009
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Rediscovering Rhetoric: Law, Language, and the Practice of Persuasion
editors, Justin T. Gleeson, Ruth C.A. Higgins.
P301.5.P47 R43 2008
ThomCat

The Religious Left and Church-State Relations
Steven H. Shiffrin
KF4783 .S56 2009 (New Book Shelf)
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The Restitution of Cultural Assets: Causes of Action, Obstacles to Restitution,
Developments

Beat Schonenberger
K3791 .S36 2009 (New Book Shelf)
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A Right to Discriminate?: How the Case of Boy Scouts of America v. James Dale
Warped the Law of Free Association
Andrew Koppelman; with Tobias Barrington Wolff
KF4778 .K67 2009
ThomCat |Amazon.com

Sexual Harassment: Prevention, Investigation and Litigation
Sound recording
State Bar of California
AUDIO KFC100.S49 S49 2009 (Lobby Display)
ThomCat

The South’s Role in the Creation of the Bill of Rights: Essays
Jack P. Greene et al.; edited by Robert J. Haws
KF4545.S5 S68 2009
ThomCat | Amazon.com

Targeted Killing in International Law
Nils Melzer
KZ6362 .M45 2009
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US Pension Reform: Lessons from Other Countries
Martin Neil Baily, Jacob Funk Kirkegaard
HD7125 .B275 2009
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Women, Family, and Gender in Islamic Law
Judith E. Tucker
KBP526.3 .T83 2008
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Law, Technology & Communications – Recent Acquisitions

Autonomy, Consent and the Law
Sheila A. M. McLean
K3611.I5 M38 2010
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The Challenge of Child Labour in International Law
Franziska Humbert
K1821 .H86 2009
ThomCat | Amazon.com

The Corporate Insider’s Guide to U.S. Patent Practice
Charles R. Macedo
KF3114.85 .M33 2010 (New Book Shelf)
ThomCat | Amazon.com

Global Employee Privacy and Data Security Law
Morrison & Foerster LLP; edited by Miriam H. Wugmeister and Christine E. Lyon
K3264.C65 G578 2009
ThomCat | Amazon.com

Going Solo in Tough Economic Times
State Bar of California
AUDIO KFC77 .G65 2009 (Lobby Display)
ThomCat

The Handbook of European Intellectual Property Management : Developing, Managing and Protecting your Company’s Intellectual Property
Adam Jolly & Jeremy Philpott
KJE2636 .J65 2009
ThomCat | Amazon.com

Hate on the Net: Extremist Sites, Neo-fascism On-line, Electronic Jihad
Antonio Roversi, Lawrence Smith
HT1521 .R69 2008
ThomCat | Amazon.com

Intellectual Property Law and Interactive Media: Free for a Fee
Edward Lee Lamoureux … [et al.]
KF3030.1 .I578 2009
ThomCat | Amazon.com

Law and the Disordered: An Exploration in Mental Health, Law, and Politics
George C. Klein
KF3828 .K59 2009 (New Book Shelf)
ThomCat | Amazon.com

The Law of Virtual Worlds and Internet Social Networks
Andrew Sparrow
KD667.C65 S68 2010 (New Book Shelf)
ThomCat | Amazon.com

Moral Panics and the Copyright Wars
William Patry
K1420.5 .P376 2009 (New Book Shelf)
ThomCat | Amazon.com

The National Security Court System: A Natural Evolution of Justice in an Age of
Terror
Glenn Sulmasy
KF9223 .S85 2009
ThomCat | Amazon.com

Rediscovering Rhetoric: Law, Language, and the Practice of Persuasion
editors Justin T. Gleeson, Ruth C.A. Higgins
P301.5.P47 R43 2008
ThomCat

The Soul of Creativity: Forging a Moral Rights Law for the United States
Roberta Rosenthal Kwall
KF3012 .K85 2010
ThomCat | Amazon.com

Virtual Freedom: Net Neutrality and Free Speech in the Internet Age
Dawn C. Nunziato
KF4772 .N86 2009
ThomCat | Amazon.com

Who Owns You?: The Corporate Gold-rush to Patent your Genes
David Koepsell
K1519.B54 K64 2009 (New Book Shelf)
ThomCat | Amazon.com

Law & Social Justice — Recent Acquisitions

Adjudicating Climate Change: State, National, and International Approaches
edited by William C.G. Burns, Hari M. Osofsky
K3593 .A93 2009 (New Book Shelf)
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Beyond Accommodation: Ethical Feminism, Deconstruction, and the Law
Drucilla Cornell
HQ1190 .C67 1991
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The Confluence of Public and Private International Law: Justice, Pluralism and Subsidiarity in the International Constitutional Ordering of Private Law
Alex Mills
K7040 .M55 2009
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The Crimes of Womanhood: Defining Femininity in a Court of Law
A. Cheree Carlson
KF4758 .C365 2009 (Course Reserve)
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Environmental Justice: Law, Policy & Regulation
Clifford Rechtschaffen, Eileen Gauna, Catherine A. O’Neill
KF3775 .R385 2009
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Experimenting with the Consumer: The Mass Testing of Risky Products on the American Public
Marshall S. Shapo
KF1296 .S428 2009 (Course Reserve)
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Global Standards–Local Action: 15 Years Vienna World Conference on Human Rights: Conference Proceedings of the International Expert Conference held in Vienna on 28 and 29 August 2008
edited by Wolfgang Bendek et al.
K3239.8 .G56 2009
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A Good Quarrel: America’s Top Legal Reporters Share Stories from Inside the Supreme Court
edited by Timothy R. Johnson and Jerry Goldman
KF8742 .G66 2009 (Course Reserve)
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Human Rights and the Alien Tort Statute: Law, History, and Analysis
Peter Henner
KF1309.5 .H46 2009 (New Book Shelf)
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Human Rights as Indivisible Rights: The Protection of Socio-economic Demands under the European Convention on Human Rights
Ida Elisabeth Koch
KJC5132 .K63 2009
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International Children’s Rights
Sara Dillon
K639 .D555 2010
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The International Law of Economic Migration: Toward the Fourth Freedom
Joel P. Trachtman
K3275 .T73 2009 (Course Reserve)
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Law’s Allure: How Law Shapes, Constrains, Saves, and Kills Politics
Gordon Silverstein
KF5130 .S55 2009 (Course Reserve)
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Pharmaceutical Industry Antitrust Handbook
KF3885 .P53 2009 (New Book Shelf)
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Principles of Criminal Procedure: Investigation
Wayne R. Lafave et al.
KF9660 .L348 2009
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Protecting the Oceans beyond National Jurisdiction: Strengthening the International Law Framework
Robin Warner
K3485 .W37 2009
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The Supreme Court and Capital Punishment: Judging Death
Michael E. Parrish
KF9227.C2 P37 2010
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Global Legal Studies — Recent Acquisitions

Adjudicating Climate Change: State, National, and International Approaches
edited by William C.G. Burns, Hari M. Osofsky
K3593 .A93 2009 (New Book Shelf)
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The Confluence of Public and Private International Law: Justice, Pluralism and Subsidiarity in the International Constitutional Ordering of Private Law
Alex Mills
K7040 .M55 2009
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Evidence before the International Court of Justice
Anna Riddell and Brendan Plant
KZ6287 .R53 2009
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Frederick William Maitland and the History of English Law
James R. Cameron
KD626 .C35 1961
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Global Standards–Local Action: 15 Years Vienna World Conference on Human Rights: Conference Proceedings of the International Expert Conference held in Vienna on 28 and 29 August 2008
edited by Wolfgang Bendek et al.
K3239.8 .G56 2009
Find this book in ThomCat

Human Rights as Indivisible Rights: The Protection of Socio-economic Demands under the European Convention on Human Rights
Ida Elisabeth Koch
KJC5132 .K63 2009
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International Children’s Rights
Sara Dillon
K639 .D555 2010
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Justifying International Acts
Lea Brilmayer
KZ3110.B75 A33 1989
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Means to an End: U.S. Interest in the International Criminal Court
Lee Feinstein, Tod Lindberg
KZ6311 .F45 2009
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The Protection of Ambient Air in International and European Law
edited by Harry Post
K3593 .P75 2009
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Public Law and Democracy in the United Kingdom and the United States of America
P.P. Craig
K3150 .C73 1990
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The Treatment of Prisoners under International Law
Nigel Rodley with Matt Pollard
K5519 .R63 2009
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U.S. Customs: A Practitioner’s Guide to Principles, Processes, and Procedures
editors, Michael D. Sherman, J. Steven Jarreau, John B. Brew
KF6694 .U15 2009 (New Book Shelf)
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Library Highlights: Children and the Law

Confonting_Cyber_BullyingConfronting Cyber-bullying:What Schools Need to Know to Control Misconduct and Avoid Legal Consequences
Shaheen Shariff
K5210 .S53 2009
From the Publisher: This book is directed to academics, educators, and government policy-makers who are concerned about addressing emerging cyber-bullying and anti-authority student expressions through the use of cell phone and Internet technologies. There is a current policy vacuum relating to the extent of educators’ legal responsibilities to intervene when such expression takes place outside of school hours and school grounds on home computers and personal cell phones. Students, teachers, and school officials are often targets of such expression. The author analyzes government and school responses by reviewing positivist paradigms. Her review of a range of legal frameworks and judicial decisions from constitutional, human rights, child protection, and tort law perspectives redirects attention to legally substantive and pluralistic approaches that can help schools balance student free expression, supervision, safety, and learning.

Law_of_Schools_Students_Teachers_NutshellThe Law of Schools, Students, and Teachers in a Nutshell
Kern Alexander, M. David Alexander
KF4119.85 .A43 2009
From the Publisher: This text captures the key points of the precedents governing student rights and responsibilities relating to attendance, speech, expression, religion, discipline, grades, tests, drugs, search and seizure, and the range of procedural due process interests. It further addresses the range of constitutional rights and protections for teachers as well as employment terms and conditions, including contracts, tenure, and potential liabilities.

 

Children_in_the_CourtroomChildren in the Courtroom: Challenges for Lawyers and Judges
Sherrie Bourg Carter
KF9673 .B68 2009
From the Publisher: In [this book], Sherrie Bourg Carter provides attorneys and judges with the critical information they need to properly review and handle cases involving child witnesses. Through a detailed discussion of the complicated legal, investigative, and developmental problems that are commonly encountered when children are involved in the legal system, Bourg Carter offers practical guidance to help legal professionals maneuver the often thorny landscape of using child witnesses in litigation. In an easy-to-read format, this book covers common legal arguments that arise with child witnesses, proper and improper child interview methods, legally relevant child developmental issues, and helpful procedures when children testify in the courtroom.

Chock full of new material, the second edition includes new sections on working with disabled child witnesses, taint, multiple incident cases, multiple victims cases, recantation, vertical prosecution, and child assessment centers. Bourg Carter delivers two new chapters—one devoted exclusively to improper interview techniques and the other outlining specific strategies for questioning a child witness. In addition, practitioners will find updated coverage of competence to testify; availability and hearsay; and reviews of case law related to Crawford v. Washington and Davis v. Washington.

What_Is-Right_for_ChildrenWhat is Right for Children?: The Competing Paradigms of Religion and Human Rights
edited by Martha Albertson Fineman and Karen Worthington
KF4783 .W43 2009
From the Publisher: Combining feminist legal theory with international human rights concepts, this book examines the presence, participation and treatment of children in a variety of contexts. Specifically, through comparing legal developments in the US with legal developments in countries where the views that children are separate from their families and potentially in need of state protection are more widely accepted. The authors address the role of religion in shaping attitudes about parental rights in the US, with particular emphasis upon the fundamentalist belief in natural lines of familial authority. Such beliefs have provoked powerful resistance in the US to human rights approaches that view the child as an independent rights holder and the state as obligated to proved services and protections that are distinctly child-centred. Calling for a rebalancing of relationships within the US family, to become more consistent with emerging human rights norms, this collection contains both theoretical debates about and practical approaches to granting positive rights to children.

Understanding_Juvenile_LawUnderstanding Juvenile Law
Martin R. Gardner
KF9780 .G37 2009
From the Publisher: This Understanding treatise discusses the various bodies of law in relation to a fundamental issue permeating the entire field of juvenile law: the extent to which the law should protect young people rather than recognize them as autonomous persons. While the law traditionally adopted a protectionist posture, recent legal developments appear to recognize autonomy rights of adolescents in certain contexts. These developments are praised by some commentators who advocate wholesale rejection of the paternalistic model in favor of a system that treats adolescents as full-fledged persons under the law. This book does not advocate any particular resolution of the current debate about the nature of the rights of young people; rather, it suggests that sensitivity to the issues and arguments entailed in that debate is essential to any true understanding of the present state of juvenile law […].

Children_in_the_Legal_SystemChildren in the Legal System: Cases and Materials
Samuel M. Davis … [et al.].
KF479 .C46 2009
From the Publisher: The new 4th edition has been thoroughly updated with the latest and best cases and statutory references. It includes references to the most recent scholarly articles, books and other publications. It also includes coverage of some recent Supreme Court decisions such as: Morse v. Frederick (the BONG HITS 4 JESUS student free expression case), Roper v. Simmons (the juvenile death penalty case). Davis v. Washington and Hammon v. Indiana (clarifying the meaning of “testimonial” in the Court’s earlier decision in Crawford v. Washington addressing Confrontation Clause issues with respect to statements made to police).

This book is distinguished by its breadth of coverage and degree of flexibility in teaching. It deals with every aspect of how the law relates to minors, from free expression in school and other school-related issues to child custody, to private law (e.g., torts and contracts), to the juvenile justice system (i.e., delinquency and the operation of criminal justice principles to juvenile justice), to abuse and neglect (including medical neglect), to termination of parental rights, to foster care, to adoption, to the status of children as children (i.e., children’s “rights”). For that reason, the book lends itself to use in any number of courses that might be styled “Juvenile Law,” or “Juvenile Justice,” or “Juvenile and Family Law,” or, indeed, “Children in the Legal System” or some other similar designation. As mentioned below, the flexibility of the book lends itself to varying numbers of credit hours […].