Category Archives: Law & Religion

Library Highlights: Law and Religion

The Mandate of Heaven and the Great Ming Code
Jiang Yonglin
KNN33 .J53 2011
From the Publisher: After overthrowing the Mongol Yuan dynasty, Zhu Yuanzhang, the founder of the Ming dynasty (1368-1644), proclaimed that he had obtained the Mandate of Heaven (Tianming), enabling establishment of a spiritual orientation and social agenda for China. Zhu, emperor during the Ming’s Hongwu reign period, launched a series of social programs to rebuild the empire and define Chinese cultural identity. To promote its reform programs, the Ming imperial court issued a series of legal documents, culminating in The Great Ming Code, which supported China’s legal system until the Ming was overthrown and also served as the basis of the legal code of the following dynasty, the Qing (1644-1911). […] This study challenges the conventional assumption that law in pre-modern China was used merely as an arm of the state to maintain social control and as a secular tool to exercise naked power. Based on a holistic approach, Jiang argues that the Ming ruling elite envi-sioned the cosmos as an integrated unit; they saw law, religion, and political power as intertwined, remarkably different from the “modern” compartmentalized worldview. In serving as a cosmic instru-ment to manifest the Mandate of Heaven, The Great Ming Code represented a powerful religious ef-fort to educate the masses and transform society.

Friends at the Bar: A Quaker View of Law, Conflict Resolution, and Legal Reform
Nancy Black Sagafi-nejad
KF4869.Q83 S24 2011
From the Publisher: George Fox, founder of the Religious Society of Friends, admonished his follow-ers against “going to law.” In this fascinating, wide-ranging book, a Quaker lawyer explores the rela-tionship between Quakers and the American legal system and discusses Friends’ legal ethics. A highly influential group in the United States, both for their spiritual ideals of harmony, equality, and truth-telling, and for their activism on many causes, including abolition and opposition to war, Quakers have had many noteworthy interactions with the law. [The author] sketches the history and beliefs of the early Quakers in England and America, then goes on to look at important twentieth-century constitutional law cases involving Quakers, many involving civil rights issues. Sagafi-nejad’s survey of one-hundred Quaker lawyers shows them to be at odds with the adversarial system and highlights a legal practice that must balance truth-telling and zealous advocacy. The Quaker development of extra-legal dispute resolution to solve debates amongst Friends is discussed, along with a look at the possible future of mediation.

Hinduism and Law: An Introduction
edited by Timothy Lubin, Donald R. Davis Jr., Jayanth K. Krishnan
KNS122 .H564 2010
From the Publisher: Covering the earliest Sanskrit rulebooks through to the codification of ‘Hindu law’ in modern times, this interdisciplinary volume examines the interactions between Hinduism and the law. The authors present the major transformations to India’s legal system in both the colonial and post colonial periods and their relation to recent changes in Hinduism. Thematic studies show how law and Hinduism relate and interact in areas such as ritual, logic, politics, and literature. In doing so, the authors build on previous treatments of Hindu law as a purely text-based tradition, and in the process, provide a fascinating account of an often neglected social and political history.

Encountering Religion in the Workplace: The Legal Rights and Responsibilities of Workers and Employers
Raymond F. Gregory
KF3466.5 .G74 2011
From the Publisher: In a recent survey, 20 percent of the workers interviewed reported that they had either experienced religious prejudice while at work or knew of a coworker who had been subjected to some form of discriminatory conduct. Indeed, according to the Equal Employment Opportunity Com-mission, the filing of religious discrimination charges under Title VII of the Civil Rights Act of 1964 (which prohibits discrimination in employment based on race, color, national origin, sex, and religion) increased 75 percent between 1997 and 2008. The growing desire on the part of some religious groups to openly express their faith while at work has forced their employers and coworkers to reconsider the appropriateness of certain aspects of devotional conduct. Religion in the workplace does not sit well with all workers, and, from the employer’s perspective, the presence of religious practice during the workday may be distracting and, at times, divisive. A thin line separates religious self-expression—by employees and employers—from unlawful proselytizing. In doing so, the authors build on previous treatments of Hindu law as a purely text-based tradition, and in the process, provide a fascinating account of an often neglected social and political history. practice during the workday may be distracting and, at times, divisive. A thin line separates religious self-expression— by employees and employers— from unlawful proselytizing.

Muslims and Global Justice
Abdullahi Ahmed An-Naʻim
KBP2460 .N353 2011
From the Publisher: An-Na’im opens this collection of essays with a chapter on Islamic ambivalence toward political violence, showing how Muslims began grappling with this problem long before the 9/11 attacks. Other essays highlight the need to improve the cultural legitimacy of human rights in the Muslim world. As An-Na’im argues, in order for a commitment to human rights to become truly uni-versal, we must learn to accommodate a range of different reasons for belief in those rights. In addition, the author contends, building an effective human rights framework for global justice requires that we move toward a people-centered approach to rights. Such an approach would value foremost empower-ing local actors as a way of negotiating the paradox of a human rights system that relies on self-regulation by the state. Encompassing over two decades of An-Na’im’s work on these critical issues, Muslims and Global Justice provides a valuable theoretical approach to the challenge of realizing glob-al justice in a world of profound religious and cultural difference.

Politics, Taxes, and the Pulpit: Provocative First Amendment Conflicts
Nina J. Crimm, Laurence H. Winer
KF6449 .C748 2011
From the Publisher: In Politics, Taxes, and the Pulpit, Nina J. Crimm and Laurence H. Winer examine the provocative mix of religion, politics, and taxes involved in the controversy over houses of worship engaging in electoral political speech. The authors analyze the dilemmas associated with federal tax subsidies benefiting nonprofit houses of worship conditioned on their refraining from political cam-paign speech. The Supreme Court’s recent Citizens United decision invalidating federal campaign fi-nance restrictions on corporations’ political campaign speech makes the remaining, analogous restric-tive tax laws constraining many nonprofit entities all the more singular and problematic, particularly for houses of worship. Crimm and Winer explore the multifaceted constitutional tensions arising from this legal structure and implicating all fundamental values embodied in the First Amendment: free speech and free press, the free exercise of religion, and the avoidance of government establishment of religion. . They also examine the history and economics of taxation of houses of worship. The authors conclude that there exists no means of fully resolving the irreconcilable clashes in a constitutionally permissible and politically and socially palatable manner. Nonetheless, Crimm and Winer offer several feasible legislative proposals for reforming tax provisions that likely will generate considerable debate.

New Titles for the Center for Law and Social Justice

Blessed are the Peacemakers: Martin Luther King Jr., Eight White Religious Leaders, and the “Letter from Birmingham Jail”
S. Jonathan Bass
F334.B69 B37 2002
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Citizenship and its Exclusions: A Classical, Constitutional, and Critical Race Critique
Ediberto Roman
K3224 .R66 2010
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A Company of One: Insecurity, Independence, and the New World of White-Collar Unemployment
Carrie M. Lane
HD5724 .L276 2011
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Feminist Legal History: Essays on Women and Law
edited by Tracy A. Thomas and Tracey Jean Boisseau
KF478 .F46 2011
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The Law of Green Buildings: Regulatory and Legal Issues in Design, Construction, Operations, and Financing
edited by J. Cullen Howe and Michael B. Gerrard
KF5701 .L39 2010
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Mediation Ethics: Cases and Commentaries
edited by Ellen Waldman
KF9084 .M435 2011 (Lobby Display)
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Modern Constitutional Law
William J. Rich
KF4550 .A75 2011
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Negotiating Sovereignty and Human Rights: International Society and the International Criminal Court
Sibylle Scheipers
KZ6310 .S353 2009
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The One Percent: A Film
Jamie Johnson; a Wise & Good Film presentation
VIDEO HB835 .O54 2007 DVD-ROM (Reserve)
ThomCat

Schools for Misrule: Legal Academia and an Overlawyered America
Walter Olson
KF272 .O474 2011
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Student Loan Law
Deanne Loonin; contributing author, Geoff Walsh
KF4235 .L66 2010
ThomCat

San Diego Legal News: Mount Soledad Cross ruled unconstitutional and new laws discussed

The enormous crucifix on government owned land that has been touted as a symbol of support for U.S. veterans has been deemed  unconstitutional. Government resources cannot legally be used to exclusively promote any specific religion, and the Mount Soledad cross is no exception. However, Republicans are determined to keep the cross and are trying to bypass the decision of the 9th US Circuit Court of Appeals by taking to Congress their request to keep the Christian symbol standing.

References


Library Highlights : Law & Religion

Law and Religion: National, International, and Comparative Perspectives

W. Cole Durham, Jr., Brett G. Scharffs

K3258 .D874 2010

From the Publisher: Law and Religion: National, International, and Comparative Law Perspectives, features: U.S. materials that include the major Free Exercise and Establishment Clause cases that teachers of law and religion courses are accustomed to teaching; […]cases cover issues such as the right to register religious associations, headscarves, kosher foods, exemptions from church taxes, conscientious objection, proselytizing, religious oaths, church autonomy, religious education, and conflicts arising between religious freedom and other human rights (e.g., women’s rights, rights of indigenous peoples, sexual minorities, and children’s rights); Islamic, Christian, and Jewish perspectives on freedom of religion, touching on defamation of religion, the Danish Mohammed cartoon controversy, the constitutions of Iraq, religious political parties in Turkey, and the definition of being Jewish for rights of citizenship in Israel.

Fundamentalism in American Religion and Law: Obama’s Challenge to Patriarchy’s Threat to Democracy

David A. J. Richards

KF4552 .R53 2010

From the Publisher: Why, from Reagan to George Bush, have fundamentalists in religion and in law (originalists) exercised such political power and influence in the United States? Why has the Republican Party forged an ideology of judicial appointments (originalism) hostile to abortion and gay rights? Why and how did Barack Obama distinguish himself among Democratic candidates not only by his opposition to the Iraq war but by his opposition to originalism? This book argues that fundamentalism in both religion and law threatens democratic values and draws its appeal from a patriarchal psychology still alive in our personal and political lives and at threat from the constitutional developments since the 1960s. The argument analyzes this psychology (based on traumatic loss in intimate life) and resistance to it (based on the love of equals). Obama’s resistance to originalism arises from his developmental history as a democratic, as opposed to patriarchal, man who resists the patriarchal demands on men and women that originalism enforces – in particular, the patriarchal love laws that tell people who and how and how much they may love.

The Religious Left and Church-State Relations

Steven H. Shiffrin

KF4783 .S56 2009

From the Publisher: In The Religious Left and Church-State Relations, Shiffrin argues that the religious left, not the secular left, is best equipped to lead the battle against the religious right on questions of church and state in America today. Explaining that the chosen rhetoric of secular liberals is poorly equipped to argue against religious conservatives, Shiffrin shows that all progressives, religious and secular, must appeal to broader values promoting religious liberty. He demonstrates that the separation of church and state serves to protect religions from political manipulation while tight connections between church and state compromise the integrity of religious institutions. Shiffrin discusses the pluralistic foundations of the religion clauses in the First Amendment and asserts that the clauses cannot be confined to the protection of liberty, equality, or equal liberty. He explores the constitutional framework of religious liberalism, applying it to controversial examples, including the Pledge of  Allegiance, the government’s use of religious symbols, the teaching of evolution in public schools, and school vouchers. Shiffrin examines how the approaches of secular liberalism toward church-state relations have been misguided philosophically and politically, and he illustrates why theological arguments hold an important democratic position–not in courtrooms or halls of government, but in the public dialogue.

Freedom From Religion: Rights and National Security

Amos N. Guiora

K3258 .G85 2009

From the Publisher: Although many books on terrorism and religious extremism have been published in the years since 9/11, none of them written by Western authors call for the curtailment of religious freedom and freedom of expression for the sake of greater security. Rather, those terror-related debates have addressed what other civil liberties should be honored. Issues like torture, domestic surveillance, and unlawful detentions have dominated the literature in this area, but few, if any, major scholars have questioned the vast allowances made by Western nations for the freedoms of religion and speech. Freedom from Religion challenges the almost sacrosanct inviolability of these two civil liberties. By drawing the connection between politically-correct tolerance of extremist speech and the rise of terrorist activity, this book sets the context for its unique proposal that governments should introduce new limits on religious practice within their borders. To demonstrate the wisdom of this course, the author presents the disparate policies and security circumstances of five countries: the U.S., the UK, the Netherlands, Turkey, and Israel.

God in the Courtroom: Religion’s Role at Trial

Brian H. Bornstein and Monica K. Miller

KF8700 .B67 2009

From the Publisher: While the concept of “God in the Courtroom” evokes a few grand images, there are numerous, often subtle, ways in which religion and law intersect. For example, religious beliefs might influence the decisions of legal decision makers, such as judges and jurors. Attorneys might rely on religion, both in the way they approach their professional practice generally and in specific trial tactics (e.g., using a scriptural rationale in arguing for a particular trial outcome). This book reviews legal developments and behavioral science research concerning the effects of religion on legal practice, decision- making processes of various legal actors, and trial outcomes. Chapters address jury selection and bias, attorneys’ use of religion in legal movements, judges’ religious beliefs and its role in their appointment, and the treatment of religious figures or institutions as litigants in court. By drawing from various research sources, the authors effectively explore the range of ways in which religion affects the actions of all of the major participants at trial: jurors, judges, attorneys, and litigants.

Holy Writ: Interpretation in Law and Religion

edited by Arie-Jan Kwak

K3165 .H654 2009

From the Publisher: It has often been remarked that law and religion have much in common. One of the most conspicuous elements is that both law and religion frequently refer to a text that has authority over the members of a community. In the case of religion this text is deemed to be ‘holy’, in the case of law, some, such as the American constitution, are widely held as ‘sacred’. In both examples, priests and judges exert a duty to tell the community what the founding document has to say about contemporary problems. This therefore involves an element of interpretation of the relevant authoritative texts and this book focuses on such methods of interpretation in the fields of law and religion. As its starting point, scholars from different disciplines discuss the textualist approach presented here by American Supreme Court Judge and academic scholar, Justice Antonin Scalia, not only from the perspective of law but also from that of theology. The result is a lively discussion which presents a range of diverse perspectives and arguments with regard to interpretation in law and religion.

Law & Social Justice — Recent Acquisitions

Agriculture and EU Environmental Law
Brian Jack
KJE6605 .J33 2009
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California Criminal Sentencing Laws

AUDIO KFC1172.A75 C36 2009 (Lobby Display)
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Criminal Litigation and Legal Issues in Criminal Procedure: Readings and Hypothetical Exercises
Brent E. Newton
KF9657 .N49 2009
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High Crimes and Misdemeanors in Presidential Impeachment
H. Lowell Brown
KF5075 .B76 2010
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The Ins and Outs of Employment Law
AUDIO KFC556.A75 I57 2008 (Lobby Display)
ThomCat

International Human Rights and Indigenous Peoples
S. James Anaya
K3247 .A5 2009
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Law 101
Jay M. Feinman
KF387 .F45 2010
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Law and Religion: National, International, and Comparative Perspectives
W. Cole Durham, Jr., Brett G. Scharffs
K3258 .D874 2010 (New Book Shelf)
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Law, Explanation and Analysis of the Patient Protection and Affordable Care Act: Including Reconciliation Act Impact
CCH
KF1183 .A369 2010
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Library Highlights: Legal History

The Supreme Court and Elections: Into the Political Thicket

Charles L. Zelden

KF4886 .Z45 2010

From the Publisher: Voting is simple in the United States, right? The process of voting (organizing, running and tabulating the results of a popular election) is, in fact, a highly contested act whose forms, meanings, and practical boundaries are open to widely differing interpretations. From questions of who can vote to the tricky problem of accurately counting the votes, popular democracy is still a work in progress in the United States. Add in the complexities of politics and the picture becomes even more complicated.

Taking a chronological approach to the topic, [This book] explores the ways that the Court has struggled with these questions. From the earliest days of the Union when the Supreme Court refused to address the topic, to the early struggles with the Fourteenth Amendment’s impact on the question of who can vote, to the rise and fall of race-based disenfranchisement, to our recent issues of proper districting, campaign finance reform and the struggle to find a workable voting technology, the essay and documents in this reference illuminate the multifaceted nature of voting and election laws. At the same time, this title provides in-depth analysis of the impact of the Court in shaping this ongoing history. Focusing on the practical problems of U.S. voting and its complex development within the framework of the political branches of the government, students and researchers will benefit from the clear picture painted by the author of the current elective structure. Essay and document based, The Supreme Court and Elections is the definitive reference on the application of U.S. law on Americans right to vote and the resulting participatory democracy.

Rising Road: A True Tale of Love, Race, and Religion in America

Sharon Davies

HQ1031 .D37 2010

From the Publisher: It was among the most notorious criminal cases of its day. On August 11, 1921, in Birmingham, Alabama, a Methodist minister named Edwin Stephenson shot and killed a Catholic priest, James Coyle, in broad daylight and in front of numerous witnesses. The killer’s motive? The priest had married Stephenson’s eighteen-year-old daughter Ruth–who had secretly converted to Catholicism three months earlier–to Pedro Gussman, a Puerto Rican migrant and practicing Catholic. Having all but disappeared from historical memory, the murder of Father Coyle and the trial of Reverend Stephenson that followed are vividly resurrected in Sharon Davies’s Rising Road . As Davies reveals in remarkable detail, the case laid bare all the bigotries of its time and place: a simmering hatred not only of African Americans, but of Catholics and foreigners as well. In one of the case’s most interesting twists, Reverend Stephenson hired future U.S. Supreme Court justice Hugo Black to lead his defense team. Though Black would later be regarded as a champion of civil rights, at the time the talented defense lawyer was only months away from joining the Ku Klux Klan, which held fundraising drives to finance Stephenson’s defense. Entering a plea of temporary insanity, Black and his client used both religion and race–accusing the Puerto Rican husband of being “a Negro”–in the hopes of persuading the jury to forgive the priest’s murder. Placing this story in its full social and historical context, [the author] brings to life a heinous crime and its aftermath, in a brilliant, in-depth examination of the consequences of prejudice in the Jim Crow era.

The History of White People

Nell Irvin Painter

E184.A1 P29 2010

From the Publisher: A mind-expanding and myth-destroying exploration of “whiteness”—an illuminating work on the history of race and power. Eminent historian Nell Irvin Painter tells perhaps the most important forgotten story in American history. Beginning at the roots of Western civilization, she traces the invention of the idea of a white race—often for economic, scientific, and political ends. She shows how the origins of American identity in the eighteenth century were intrinsically tied to the elevation of white skin into the embodiment of beauty, power, and intelligence; how the great American intellectuals— including Ralph Waldo Emerson—insisted that only Anglo Saxons were truly American; and how the definitions of who is “white” and who is “American” have evolved over time. A story filled with towering historical figures, The History of White People closes an enormous gap in a literature that has long focused on the nonwhite, and it forcefully reminds us that the concept of “race” is an all-too-human invention whose meaning, importance, and reality have changed according to a long and rich history.

The Supreme Court and Capital Punishment: Judging Death

Michael E. Parrish

KF9227.C2 P37 2010

From the Publisher: From the late nineteenth century to the present, decisions by the Supreme Court have played a significant role in how American governments, especially at the state level, have carried out the death penalty. With more than 3,400 prisoners, including 118 foreign nationals, now on death rows, the Court’s role is not likely to diminish in this area over the next several decades, barring a major shift in state laws and public opinion.

Supreme Court and Capital Punishment, […] explores how Supreme Court rulings over its history have shaped and reshaped the rules under which Americans have been tried, convicted, sentenced and put to death for capital offenses. Through judicial decisions and other primary documents, this reference explores the impact of these rulings upon the behavior of legislators, judges, prosecutors, defense attorneys and defendants. Considerable emphasis is placed upon the twentieth century, especially the period since the 1972 Furman v. Georgia case. Since Furman, few areas of constitutional doctrine have undergone more abrupt changes than Court-mandated standards for administering capital punishment. A second principal theme of this volume is an examination of the impact of race upon the long evolution of the Court’s death penalty jurisprudence. As defendants and victims, African-Americans on trial for their lives in Southern courts became the central figures in the design and redesign of capital punishment in the twentieth century.

From Demon to Darling: A Legal History of Wine in America

Richard Mendelson

KF3924.W5 M46 2009

From the Publisher: Mendelson brings together his expertise as both a Napa Valley lawyer and a winemaker into this accessible overview of American wine law from colonial times to the present. It is a story of fits and starts that provides a fascinating chronicle of the history of wine in the United States told through the lens of the law. From the country’s early support for wine as a beverage to the moral and religious fervor that resulted in Prohibition and to the governmental controls that followed Repeal, Mendelson takes us to the present day—and to the emergence of an authentic and significant wine culture. He explains how current laws shape the wine industry in such areas as pricing and taxation, licensing, appellations, health claims and warnings, labeling, and domestic and international commerce. As he explores these and other legal and policy issues, [the author] lucidly highlights the concerns that have made wine alternatively the demon or the darling of American society—and at the same time illuminates the ways in which lives and livelihoods are affected by the rise and fall of social movements.

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
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The Challenge of Child Labour in International Law
Franziska Humbert
K1821 .H86 2009
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Climate Change and the Law
Chris Wold, David Hunter, Melissa Powers
K3593 .W65 2009
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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
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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
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An Introduction to the American Legal System
John M. Scheb, John M. Scheb II.
KF385 .S34 2010
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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
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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
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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
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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
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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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Library Highlights: GLBT Rights

California Supreme Court Oral Arguments: Proposition 8 Same-Sex Marriage March 5, 2009. California. Supreme Court
VIDEO KFC129 .C257 2009
From the Publisher: The California Supreme Court heard oral arguments on Thursday, March 5, 2009, in three cases challenging the constitutionality of Proposition 8 (Ban on Same Sex Marriage) , a statewide ballot initiative that was passed by a majority of California voters in November 2008.

When Gay People get Married: What Happens when Societies Legalize Same-Sex Marriage
M.V. Lee Badgett
K699 .B33 2009
From the Publisher: […] In order to find out the impact of same-sex marriage, M. V. Lee Badgett traveled to a land where it has been legal for same-sex couples to marry since 2001: the Netherlands. Badgett interviews gay couples to find out how this step has affected their lives. We learn about the often surprising changes to their relationships, the reactions of their families, and work  colleagues. Moreover, Badgett is interested in the ways that the institution itself has been altered for the larger society. How has the concept of marriage changed? When Gay People Get Married gives readers a primer on the current state of the same-sex marriage debate, and a new way of framing the issue that provides valuable new insights into the political, social, and personal stakes involved.

The experiences of other countries and these pioneering American states serve as a crystal ball as we grapple with this polarizing issue in the American context. The evidence shows both that marriage changes gay people more than gay people change marriage, and that it is the most liberal countries and states making the first move to recognize gay couples. In the end, Badgett compellingly shows that allowing gay couples to marry does not destroy the institution of marriage and that many gay couples do benefit, in expected as well as surprising ways, from the legal, social, and political rights that the institution offers.

Constitutional Rights, Moral Controversy, and the Supreme Court
Michael J. Perry
KF8748 .P39 2009
From the Publisher: In this important new book, Michael J. Perry examines three of the most disputed constitutional issues of our time: capital punishment, state laws banning abortion, and state policies denying the benefit of law to same-sex unions. The author, a leading constitutional scholar, explains that if a majority of the justices of the Supreme Court believes that a law violates the Constitution, it does not necessarily follow that the Court should rule that the law is unconstitutional. In cases in which it is argued that a law violates the Constitution, the Supreme Court must decide which of two importantly different questions it should address: (1) Is the challenged law unconstitutional? (2) Is the lawmakers’ judgment that the challenged law is constitutional a reasonable judgment? (One can answer both questions in the affirmative.) By focusing on the death penalty, abortion, and same-sex unions, Perry provides illuminating new perspectives not only on moral controversies that implicate one or more constitutionally entrenched human rights, but also on the fundamental question of the Supreme Court’s proper role in adjudicating such controversies.

Queer Mobilizations: LGBT Activists Confront the Law
edited by Scott Barclay, Mary Bernstein, and Anna-Maria Marshall
KF4754.5 .Q84 2009
From the Publisher: Fighting for marriage and family rights; protection from discrimination in employment, education, and housing; criminal law reform; economic justice; and health care reform: the LGBT movement is engaged in some of the most important cultural and political battles of our times. Seeking to reshape many of our basic social institutions, the LBGT movement’s legal, political, and cultural campaigns reflect the complex visions, strategies, and rhetoric of the individuals and groups knocking at the law’s door. The original essays in this volume bring social movement scholarship and legal analysis together, enriching our understanding of social movements, LGBT politics and organizing, legal studies, and public policy. Moreover, they highlight the struggle to make the law relevant and responsive to the LGBT community. Ultimately, Queer Mobilizations examines how the LGBT movement’s engagement with the law shapes the very meanings of sexuality, sex, gender, privacy, discrimination, and family in law and society.

Courting Change: Queer Parents, Judges, and the Transformation of American Family Law
Kimberly D. Richman
KF540 .R53 2009
From the Publisher: A lesbian couple rears a child together and, after the biological mother dies, the surviving partner loses custody to the child’s estranged biological father. Four days later, in a different court, judges rule on the side of the partner, because they feel the child relied on the woman as a psychological parent. What accounts for this inconsistency regarding gay and lesbian adoption and custody cases, and why has family law failed to address them in a comprehensive manner? In Courting Change, Kimberly D. Richman zeros in on the nebulous realm of family law, one of the most indeterminate and discretionary areas of American law. She focuses on judicial decisions—both the outcomes and the rationales—and what they say about family, rights, sexual orientation, and who qualifies as a parent. Richman challenges prevailing notions that gay and lesbian parents and families are hurt by laws’ indeterminacy, arguing that, because family law is so loosely defined, it allows for the flexibility needed to respond to — and even facilitate — changes in how we conceive of family, parenting, and the role of sexual orientation in family law.

Drawing on every recorded judicial decision in gay and lesbian adoption and custody cases over the last fifty years, and on interviews with parents, lawyers, and judges, Richman demonstrates how parental and sexual identities are formed and interpreted.

Same-Sex Marriage and Religious Liberty: Emerging Conflicts
edited by Douglas Laycock, Anthony R. Picarello, Jr., and Robin Fretwell Wilson
BL462 .S36 2008
From the Publisher: [This title] explores two principal questions. First, exactly what kind of religious freedom conflicts are likely to emerge if society embraces same-sex marriage? A redefinition of marriage would impact a host of laws where marital status affects legal rights—in housing, employment, healthcare, education, public accommodations, and property, in addition to family law. These laws, in turn, regulate a host of religious institutions—schools, hospitals, and social service providers, to name a few—that often embrace a different definition of marriage. As a result, church-state conflicts will follow. This volume anticipates where and how these manifold disputes will arise. Second, how might these conflicts be resolved? If the disputes spark litigation under the Free Speech, Free Exercise, or Establishment Clauses of the First Amendment, who will prevail and why? When, if ever, should claims of religious liberty prevail over claims of sexual liberty? Drawing on experience in analogous areas of law, the volume explores whether it is possible to avoid these constitutional conflicts by statutory accommodation, or by separating religious marriage from civil marriage.

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