Recently in Faculty Pubs Category

Encyclopedia of Human Rights (David P. Forsythe, editor in chief; David Weissbrodt et al., senior editors, Oxford University Press, 2009)
Call Number: Law Library Reference JC571 .E673 2009

David Weissbrodt served as a senior editor of the Encyclopedia and authored the following entries:

The Encyclopedia provides original analytical articles covering standard subjects such as the right to health and health care, Amnesty International, the Balkan wars, and former President of Ireland Mary Robinson, and also offers innovative coverage of such subjects as the Internet, intellectual property rights, the American civil rights movement, globalization, and Brazil in historical context. Focusing primarily on developments since 1945, it offers an unrivaled reference source for students and researchers; even human rights experts are likely to find much original material and keen insights in many of the entries."

David Weissbrodt, Fionnuala Ní Aoláin et al., International Human Rights: Law, Policy, and Process (LexisNexis, 4th ed., 2009)
Call Number: Law Library Reserve K3240 .W45x 2009

Publisher's Description: This comprehensive work provides an introduction to human rights law, policy, and process. International Human Rights begins with an overview, then discusses drafting and ratifying treaties, establishing institutions, using procedures for monitoring compliance and responding to gross violations, using adjudicative remedies, applying refugee and international labor law, relating human rights norms to terrorism, and exploring how the causes of violations can be used to improve human rights compliance. The Fourth Edition addresses a number of significant developments in the human rights arena including:

Emergence of international criminal law as a potential response to crimes against humanity; Emergence of the United Nations Security Council as a significant human rights actor and the challenges it faces; The role of human rights norms in responding to and regulating state responses to terrorism; The capacity of human rights to respond to abuses by corporate actors; The ability of human rights to respond to and account for violations committed in the context of ethnic hatred, internal conflict, and intrastate violence; and The challenges faced by non-government human rights organizations in the post 9/11 context.

Feld, Barry C. Cases and materials on juvenile justice administration. 3rd ed.
St. Paul, Minn. : West, c2009. Call number: Rare Books (Faculty Collection) Feld

Publisher's description:
This casebook focuses on three themes: legal, administrative, and policy issues associated with regulating children rather than adults; procedural and substantive implications of a justice system that emphasizes treatment rather than punishment; and tensions between discretion and rules that occur when states treat children rather than punish adults. It incorporates empirical evaluations and developmental psychological research on adolescent competence and presents criminological studies of controversial issues such as gender and racial disparities in juvenile justice administration. It also examines pretrial detention and alternative sentencing options available to juvenile courts and discusses how and when states try youths in criminal court.

Hellman, Arthur D., Lauren K Robel and David R. Stras. Federal courts : cases and materials on judicial federalism and the lawyering process.
Newark, NJ : LexisNexis Matthew Bender, 2009. Call number: Rare Books (Faculty Collection) Stras

Publisher's description:
Federal Courts: Cases and Materials on Judicial Federalism and the Lawyering Process is the product of the authors' rethinking of what a "Federal Courts" course can be. Although fully attentive to the deeper issues of federalism and separation of powers raised by the cases, its primary focus is on giving students the grounding they will need to be effective lawyer-litigators.

Lawyers are goal-oriented. From their perspective, the American system of judicial federalism is important because it sets up four possible goals: getting into federal court; staying out of federal court; gaining the benefit of federal law; or avoiding the detriment of federal law. This book concentrates on providing the doctrinal and practical education that will enable lawyers to identify and pursue these goals effectively in the service of their clients. Two major themes distinguish this book:

• First, the book gives sustained and systematic attention to the role of state courts as a forum for litigation of federal issues.

• Second, the book is grounded in the realities of litigation today - in particular, the strong tendency of defendants in civil litigation to prefer federal court over state court. The statutory device of removal, and other issues that dominate contemporary litigation, are addressed throughout this new book.

Federal Courts provides thorough coverage of the public law issues that dominate scholarly writings on federal courts, but it is also uniquely geared to preparing students to serve their clients effectively in the workaday world of private litigation.

Mark A. Pollack and Gregory C. Shaffer. When cooperation fails : the international law and politics of genetically modified foods.
Oxford ; New York : Oxford University Press, 2009. Call number: K3927 .P65 2009

Publisher's description:
The transatlantic dispute over genetically modified organisms (GMOs) has brought into conflict the United States and the European Union, two long-time allies and economically interdependent democracies with a long record of successful cooperation. Yet the dispute - pitting a largely acceptant US against an EU deeply suspicious of GMOs - has developed into one of the most bitter and intractable transatlantic and global conflicts, resisting efforts at negotiated resolution and resulting in a bitterly contested legal battle before the World Trade Organization.

Professors Pollack and Shaffer investigate the obstacles to reconciling regulatory differences among nations through international cooperation, through the lens of the GMO dispute. The book addresses the dynamic interactions of domestic law and politics, transnational networks, international regimes, and global markets, through a theoretically grounded and empirically comprehensive analysis of the governance of GM foods and crops. They demonstrate that the deeply politicized, entrenched and path-dependent nature of the regulation of GMOs in the US and the EU has fundamentally shaped negotiations and decision-making at the international level, limiting the prospects for deliberation and providing incentives for both sides to engage in hard bargaining and to "shop" for favorable international forums. They then assess the impacts, and the limits, of international pressures on domestic US and European law, politics and business practice, which have remained strikingly resistant to change.

International cooperation in areas like GMO regulation, the authors conclude, must overcome multiple obstacles, legal and political, domestic and international. Any effective response to this persistent dispute, they argue, must recognize both the obstacles to successful cooperation, and the options that remain for each side when cooperation fails.

Stephen F. Befort and John W. Budd. Invisible hands, invisible objectives : bringing workplace law and public policy into focus.
Stanford, Calif. : Stanford Economics and Finance, c2009. Call number: KF3319 .B44 2009

Publisher's Description:
At home and abroad, public policy debates are dominated by a free market ideology that emphasizes the pursuit of economic objectives through competitive markets. The invisible hand is rarely questioned, and non-economic objectives are overlooked. Similarly, employment-related scholarship is frequently silent on the objectives of the employment relationship and the underlying assumptions of how that relationship operates.

This book develops a fresh, holistic framework to undertake a "big picture" examination of U.S. workplace regulation. A new scorecard for workplace law and public policy reveals an uneven achievement of efficiency, equity, and voice at work. In response, the authors--a legal scholar and an economics and industrial relations scholar--blend their expertise to propose a comprehensive set of reforms, tackling such issues as regulatory enforcement, portable employee benefits, training programs, living wages, workplace safety and health, work-family balance, security and social safety nets, nondiscrimination, good cause dismissal, balanced income distributions, free speech protections for employees, individual and collective workplace decision-making, and labor unions.

Invisible Hands, Invisible Objectives is not just another book that sketches a reform agenda. The book provides the much-needed rubric for how we think about employment policy specifically and economic policy more generally and is distinctively structured around objectives rather than policy issues.

Prentiss Cox, ed. Consumer fraud and deceptive trade practice regulation in Minnesota. 2nd ed.
St. Paul, Minn. : Minnesota Continuing Legal Education, c2009. Call number: KF209 .M54x 2009 no.43

Publisher's Description:
With its emphasis on the practical - tips, warnings, admonitions, and frank author's notes - Consumer Fraud and Deceptive Trade Practice Regulation in Minnesota is an absolutely essential resource for anyone in Minnesota who protects clients damaged by fraud and deceptive trade practices. Reflecting the expertise of a wide range of contributors, from professors and advocates to private practitioners, this manual furthers the mission of all Minnesota CLE deskbooks: to make practice easier and research faster, and to help attorneys throughout Minnesota get answers when they need them!

Bix, Brian. Diccionario de teoría jurídica / Brian H. Bix ; traducción, Enrique Rodríguez Trujano, Pedro A. Villarreal Lizárraga.
México : Universidad Nacional Autónoma de México, 2009. Call number: Rare Books (Faculty Collection) Bix

Spanish language translation of Professor Bix's Dictionary of Legal Theory (Oxford University Press, 2004).

Publisher's description Dictionary of Legal Theory:
Modern legal theory contains a wide range of approaches and topics: from economic analysis of law to feminist legal theory to traditional analytical legal philosophy to a range of theories about justice. This healthy variety of jurisprudential work has created a problem: students and theorists working in one tradition may have difficulty understanding the concepts and terminology of a different tradition. This book works to make terminology and ways of thinking accessible. This dictionary covers topics from 'the autonomy of law' to the 'will theory of rights', from 'autopoiesis' to 'wealth maximization', and from 'John Austin' to 'Ludwig Wittgenstein'. The most important concepts and ideas are presented in a simple dictionary format. There are also many longer entries, where the initial definition gives an accessible explanation, but the entry goes on to give more detailed information about the history of an idea and the debates currently surrounding it.

Bix, Brian. Jurisprudence : theory and context.
5th ed. London : Sweet & Maxwell ; Thomson Reuters, c2009. Call number: K230.B57 J87 2009

Publisher’s Description:

“Professor Bix has a genius for writing about the most difficult and frequently arcane aspects of legal theory with a remarkable lightness of touch, an assurance, an authoritativeness, and a degree of accessibility which no other writer in this area can match” Adam Tomkins, Fellow and tutor in Law, St Catherine’s College, Oxford

This title explains the often complex and difficult ideas in legal philosophy clearly and concisely but without over-simplification. It introduces students to the fundamental themes in legal philosophy. It analyses and comments on the writing of the foremost legal theorists, and takes into account the most recent scholarly work.

Sullivan, E. Thomas and Jeffrey L. Harrison. Understanding antitrust and its economic implications.
5th ed. Newark, NJ : LexisNexis Matthew Bender, c2009. Call number: KF1649 .S89 2009 Two Hour Loan

Publisher’s Description:
This Understanding treatise is designed to supplement any antitrust casebook. When the first edition was published over twenty years ago, the Supreme Court was in the midst of reshaping antitrust law to reflect its philosophy that it should adhere to the teachings of economics. During the six years since the Fourth Edition was published, this process has continued as the Court sought to achieve greater consistency. For example:

• The Court removed resale price maintenance (RPM) from the list of per se unlawful activities.
• The Court has also made it clear that it would treat secondary line price discrimination - perhaps the last remaining element of the populous antitrust philosophy of the 1960s - in a manner consistent with its emphasis on efficiency.
• The Court made one of its first forays into the theory of monopsony and addressed the question of how antitrust law applies to market power on the buying side of the market.

The process of rationalizing antitrust law is far from complete. For example, the Court's newly announced position on RPM raises a number of issues. Specifically, many past decisions by the Supreme Court and lower courts reflect either approval or disapproval of the per se status of RPM. Now that the rule has been changed, the relevance of that law is in question. In addition, a truly consistent antitrust policy requires close attention to various exemptions. Exemptions based on non economic considerations are hard to reconcile with the path the Court has chosen. Finally, in a global economy, matters of market power and the competitive impact of various agreements must be viewed from an international perspective.

Michael Tonry, ed. The Oxford handbook of crime and public policy.
Oxford ; New York : Oxford University Press, 2009. Call number: HV6251 .O94 2009

Publisher’s Description:
Much of the scholarly literature and principal books on criminal justice and crime control policy take the operations of the criminal justice system, the causes of crime and delinquency, theories about crime and justice, and crime prevention as the central topics for study and policy analysis. But law enforcement and public officials create policy responses to specific crimes, not broad categories of offenses. In order to develop the most effective policies, one needs to understand why particular crimes occur and what approaches might best prevent them or minimize the harm they cause.

Taking this fresh perspective, The Oxford Handbook of Crime and Public Policy offers a comprehensive examination of crimes as public policy subjects. Michael Tonry, a leading authority on criminology, has brought together the most distinguished active scholars in the field to present a wide-ranging overview and analysis of violent and sexual crimes, property crimes, transactional crimes, transnational crimes, and crimes against morality. The crimes investigated range from often-discussed offenses (homicide, auto theft, sexual violence) to those that only recently began to receive attention (child abuse, domestic violence, environmental crimes); it includes new crimes (identity theft, cybercrime) as well as age-old crimes (drug abuse, gambling, prostitution). Written in a straightforward and accessible manner, each chapter explains why crimes happen, how often, and what we know about efforts to prevent or control them.

Richard W. Painter. Getting the government America deserves : how ethics reform can make a difference.
Oxford ; New York : Oxford University Press, c2009.Call number: KF4568 .P35 2009

Publisher’s Description:
In order to be effective, federal ethics law must address sources of systematic corruption rather than simply address motives that individual government employees might have to betray the public trust (such as personal financial holdings or family relationships). Getting the Government America Deserves articulates a general approach to combating systemic corruption as well as some specific proposals for doing so. Federal ethics law is relatively unknown in legal academia and elsewhere outside of Washington, D.C., but it is binding on over one million federal employees. Lobbyists, federal contractors, lawyers and others who interact with the federal government are also deeply interested in federal ethics law and represent a surprisingly large market for a little-studied area of the law.

Getting the Government America Deserves analyzes government ethics law from the perspective of an academic critic and that of a lawyer who was the chief White House ethics lawyer for two and a half years. Richard Painter argues that the existing ethics regime is in need of substantial reform since federal ethics laws fail to curtail conduct that undermines the integrity of government, such as political activity by federal employees and their interaction with lobbyists and interest groups. He also contends that in some other areas, such as personal financial conflicts of interest, there is too much complexity in regulatory and reporting requirements, and rules need to be simplified. Painter's solution includes strengthening the enforcement of ethics rules, reforming the lobbying industry, and changing a system of campaign finance that impedes meaningful government ethics reform.

The Law Library has added the following two books, authored by University of Minnesota Law School Faculty.

Parisi, Francesco The economics of lawmaking
Parisi, Francesco and Vincy Fon. Oxford ; New York : Oxford University Press, c2009.
Call number: K3316 .P37 2009

Publisher’s Description:

The Economics of Lawmaking explores the relative advantages and limits of alternative sources of law. Professors Francesco Parisi and Vincy Fon view the sources of law through a law and economics lens, and consider the important issue of institutional design in lawmaking. They consider the respective advantages and proper scope of application of four fundamental sources of law: legislation, judge-made law, customary law, and international law. The defining features of these four sources of law are examined using the formal methods of public choice theory: lawmaking through legislation; lawmaking through adjudication; lawmaking through practice; and lawmaking through agreement.

This book begins by examining the sources of law dependent on collective political decision-making, such as legislation. Multiple issues are considered, such as optimal specificity of law, optimal timing of legal intervention and optimal territorial scope of law, and include a thorough discussion on the sources of law derived from judges' decisions, such as common law. Parisi and Fon provide an extensive study on the roles of litigation and judicial path-dependence on judge-made law, biases in the evolution of legal remedies through litigation, and the effect of alternative doctrines of legal precedent, such as stare decisis and jurisprudence constante. They also consider the customary sources of law, with special attention on the mechanisms that determine their emergence and evolution, and explore sources of law derived from international treaties and conventions. The Economics of Lawmaking is the first systematic law and economics treatment of this field and will shed new light on the process of lawmaking.

Sullivan, E. Thomas and Richard S. Frase.
Proportionality principles in American law : controlling excessive government actions
Oxford ; New York : Oxford University Press, 2009.
Call number: K247 .S85 2009

Publisher’s Description:

From the ancient origins of Just War doctrine to utilitarian and retributive theories of punishment, concepts of proportionality have long been an instrumental part of the rule of law and an essential check on government power. These concepts all embody the fundamental value that government and private actions should not be demonstrably excessive relative to their moral and practical justifications. In the American legal system, despite frequent though unacknowledged use of proportionality principles, there is no general theory of what permits courts to invalidate intrusive measures.

In Proportionality Principles in American Law, two renowned legal scholars seek to advance such a theory. They argue that standards of review should be more clearly and precisely defined, and that in most circumstances every intrusive government measure which limits or threatens individual rights should undergo some degree of proportionality review. Across a wide range of legal contexts, E. Thomas Sullivan and Richard S. Frase identify three basic ways that government measures and private remedies have been found to be disproportionate: relative to fault; relative to alternative means of achieving the same practical purposes; and relative to the likely practical benefits of the measure or remedy. Using this structure, the book examines the origins and contemporary uses of proportionality principles in public law, civil liberties, and the criminal justice system, emphasizing the utility of proportionality principles to guide judicial review of excessive government measures.

By constructing a new framework and a general theory for constitutional judicial review, Proportionality Principles in American Law will help courts more consistently and effectively apply proportionality principles to better serve their vital roles as guardians of individual rights and liberties.