New and Notable – Shari’a in the Secular State: Evolving Meanings of Islamic Jurisprudence in Turkey

Cover ImageShari’a in the Secular State: Evolving Meanings of Islamic Jurisprudence in Turkey

Russell Powell, Associate Provost for Global Engagement, Professor of Law

Words in both law and religion can shape power relationships and are often highly disputed. Shari`a lies within the overlap of these two spheres and provides a unique subject for the study of meaning in that liminal space. This book contributes important insights related to Islamic jurisprudence and secularism in the Turkish context and regarding the role of language in contested legal and religious contexts.

The study begins by providing a historical framework for the ideas and terms covered, including concepts of religion in general, Shari`a in particular, and secularism in the Turkish state. It goes on to examine empirical research to describe and analyze contemporary Turkish understandings of religion and Shari`a. The author’s research indicates that there is often a disconnect between supporting the adoption of Shari`a and supporting the regulation of everyday behavior through civil codes. Thus, “Shari`a” seems to have taken on new meanings as groups have sought either to appropriate or criticize it. It is a quintessential example of fractured and contextual meaning at the center of both religious and legal traditions.

This book is essential reading for both academics and those interested in law, linguistics, history, political science, anthropology, sociology, religious studies, or Near Eastern studies. – From the Publisher


Faculty Books in the Law Library Collection

20160405_201256You may have noticed faculty publications on display in the library and near the Dean’s office. Duplicate copies of these titles can be found (and checked out) from the faculty publications shelving in the Reserve section of the library. You’ll find them on the shelves just to the right of the emergency exit.


Supreme Court Nominations in the SU Law Library

Are you interested in learning about the President’s judicial nominations to the US Supreme Court? Look no further than the Seattle U law library. The first book is written by Seattle University’s own Professor Andrew Siegel!

The Supreme Court Sourcebook by Richard H. Seamon, Andrew Siegel, Joseph Thai, & Kathryn A. Watts
Available at SU Law Library LAW-Reserve (Faculty Collection) (KF8742.S425 2013). Publisher’s Description:

The Supreme Court Sourcebook provides carefully selected, edited, and analyzed materials on the Court, including academic literature, historical materials, internal court documents, Court filings, and judicial opinions. The flexible organization suits a variety of courses. An online component keeps the book current and interesting, with ready-to-use materials in pending cases for advocacy and opinion-writing simulations. The combined package gives professors a turnkey solution for teaching a theoretical course (examination of the Supreme Court as an institution), a hands-on course (simulations of oral argument and opinion writing in pending cases), or any custom combination in between.

Supreme Court Nominations: Presidential Nomination, the Judiciary Committee, Proper Scope of Questioning of Nominees, Senate Consideration, Cloture, and the use of the Filibuster by Denis Steven Rutkus
Available at SU Law Library LAW-4th Floor (KF8742.S87 2009). Publisher’s Description:

The process of appointing Justices has undergone changes over two centuries, but its most basic feature–the sharing of power between the President and Senate–has remained unchanged. To receive lifetime appointment to the Court, a candidate must first be nominated by the President and then confirmed by the Senate. Although not mentioned in the Constitution, an important role is played midway in the process (after the President selects, but before the Senate considers) by the Senate Judiciary Committee. Since the end of the Civil War, almost every Supreme Court nomination received by the Senate has first been referred to and considered by the Judiciary Committee before being acted on by the Senate as a whole. This book explores the appointment process–from Presidential announcement, Judiciary Committee investigation, confirmation hearings, vote, and report to the Senate, through Senate debate and vote on the nomination.

Strategic Selection: Presidential Nomination of Supreme Court Justices from Herbert Hoover through George W. Bush by Christine L. Nemacheck
Available at SU Law Library LAW-4th Floor (KF8742.N46 2007). Publisher’s Description:

The process by which presidents decide whom to nominate to fill Supreme Court vacancies is obviously of far-ranging importance, particularly because the vast majority of nominees are eventually confirmed. But why is one individual selected from among a pool of presumably qualified candidates? In Strategic Selection: Presidential Nomination of Supreme Court Justices from Herbert Hoover through George W. Bush, Christine Nemacheck makes heavy use of presidential papers to reconstruct the politics of nominee selection from Herbert Hoover’s appointment of Charles Evan Hughes in 1930 through President George W. Bush’s nomination of Samuel Alito in 2005. Bringing to light firsthand evidence of selection politics and of the influence of political actors, such as members of Congress and presidential advisors, from the initial stages of formulating a short list through the president’s final selection of a nominee, Nemacheck constructs a theoretical framework that allows her to assess the factors impacting a president’s selection process.


New and Notable: Mea Culpa

cover imageMea Culpa: Lessons on Law and Regret from U.S. History
Steven W. Bender, Professor of Law and Associate Dean for Research and Faculty Development

SU Law Library LAW-Display (KF4749.B39 2015 )

“In Mea Culpa, Steven W. Bender examines how the United States’ collective shame about its past has shaped the evolution of law and behavior. We regret slavery and segregationist Jim Crow laws. We eventually apologize, while ignoring other oppressions, and our legal response to regret often fails to be transformative for the affected groups. By examining policies and practices that have affected the lives of groups that have been historically marginalized and oppressed, Bender is able to draw persuasive connections between shame and its eventual legal manifestations. Analyzing the United States’ historical response to its own atrocities, Bender identifies and develops a definitive moral compass that guides us away from the policies and practices that lead to societal regret.

Mea Culpa challenges its readers. In a different era, might we have been slave owners or proprietors of a racially segregated establishment? It’s easy to judge immorality in the hindsight of history, but what current practices and policies will later generations regret?

More than a historical survey, this volume offers a framework for resolving some of the most contentious social problems of our time. Drawing on his background as a legal scholar, Bender tackles immigration, the death penalty, the war on terror, reproductive rights, welfare, wage inequity, homelessness, mass incarceration, and same-sex marriage. Ultimately, he argues, it is the dehumanization of human beings that allows for practices to occur that will later be marked as regrettable. And all of us have a stake in standing on the side of history that resists dehumanization.”

From the publisher


New and Notable: Cross-Examination Handbook

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Cross-Examination Handbook: Persuasion, Strategies and Techniques
Ronald H. Clark, Distinguished Practitioner in Residence
George R. Dekle, Sr.
William S. Bailey

SU Law Library LAW-Reserve (KF8920.C57 2015 )

“Cross-Examination Handbook: Persuasion, Strategies, and Techniques, 2E clearly explains all the important cross-examination skills and provides concrete strategies for overcoming the obstacles lawyers commonly face in cross and conducting a winning cross-examination. This trial handbook provides step-by-step practical techniques and strategies, including witness control, handling problematic witnesses, and successfully cross-examining experts.” —From the publisher


Our Faculty Scholarship

Do you ever wonder how productive Seattle University’s law faculty is as far as scholarship?  If so, some law professors at Roger Williams Law School have a website that ranks law faculty scholarship.  The data is a bit dated but SU Law ranked number 11 in terms of “per capita productivity.”  Pretty impressive, huh?


New and Notable – Corporations and Other Business Associations: Cases and Materials, 7E

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Corporations and Other Business Associations: Cases and Materials, 7E

Charles O’Kelley, Professor and Director, Berle Center on Corporations, Law and Society
Robert B. Thompson

SU Law Library LAW-Reserve (KF1414.O43 2014 )

“Sophisticated yet accessible, Corporations and Other Business Associations balances economic and legal theory with a flexible organization, popular case selection, and engaging problems.

Look for these key features:
New cases on the power of shareholders to amend bylaws, an issue that is reshaping the role of shareholders in corporate governance.
A series of short case studies on key topics, including the removal of staggered boards, majority voting, and say on pay.
Discussion of the new business form—the so-called “benefit corporation.”
Expanded coverage of the back and forth between the Delaware courts and the Delaware legislature as to what should be the default rule as to fiduciary duty in LLCs.
Expanded material and notes designed to anticipate the important MFW Shareholder Litigation decision and a related 2012 Delaware Supreme Court case, Americas Mining Corp. v. Theriault.” – From the publisher


New and Notable: The New 1L

UntitledThe New 1L: First-Year Lawyering with Clients
Edited by:
Eduardo R.C. Capulong
Michael A. Millemann
Sara Rankin, Associate Professor of Lawyering Skills
Nantiya Ruan

SU Law Library LAW-Reserve (KF282 .N49 2015 )

“In The New 1L, leading teachers in the field describe how, in the first year of legal education, they teach students to act, as well as think, like lawyers. In their courses, clients are central not extraneous. Working under a lawyer’s supervision, students interview clients, conduct factual investigations, draft pleadings, and write memoranda and briefs. The authors argue that, in isolation, theory and practice are incomplete, and first-year educators must integrate the two. They discuss the benefits and challenges of this new 1L approach, and also provide a range of successful models for any teacher who wants to adopt this pedagogy to a first-year course.  What they say is particularly relevant today, when many are criticizing law schools for their over-reliance on the Langdellian teaching method and failure to produce practice-ready graduates.

The innovative courses the authors describe bring about collaborations between classroom instruction, legal research and writing (LRW), and interactions with clinical teachers and lawyers (appointed, or not, as adjunct faculty). These collaborative teaching models are essential to the future success of legal education, the authors contend.  These models include LRW courses that base assignments on actual legal work, core courses that add practice components to traditional theoretical instruction, courses adding skills instruction and actual client work to the 1L curriculum, and courses that invite 1L students to enroll in clinics.

This book is a must-read for deans, curriculum committees, and legal educators.” – From the publisher


New and Notable: When Money Speaks

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When Money Speaks: The McCutcheon Decision, Campaign Finance Laws, and the First Amendment

Ronald Collins
David Skover, Fredric C. Tausend Professor of Law

SU Law Library LAW-Reserve (Faculty Collection) (KF4920.C65 2014 )

“On April 2, 2014, the U.S. Supreme Court struck down aggregate limits on how much money individuals could contribute to political candidates, parties, and committees. The McCutcheon v. FEC decision fundamentally changes how people (and corporations, thanks to Citizens United) can fund campaigns, opening the floodgates for millions of dollars in new spending, which had been curtailed by campaign finance laws going back to the early 1970s.

When Money Speaks is the definitive—and the first—book to explain and dissect the Supreme Court’s controversial ruling in McCutcheon, including analysis of the tumultuous history of campaign finance law in the U.S. and the new legal and political repercussions likely to be felt from the Court’s decision.

McCutcheon has been billed as “the sequel to Citizens United,” the decision giving corporations the same rights as individuals to contribute to political campaigns. Lauded by the Right as a victory for free speech, and condemned by the Left as handing the keys of our government over to the rich and powerful, the Court’s ruling has inflamed a debate that is not going away anytime soon, with calls for new laws and even a constitutional amendment on the Left—while many on the Right (including Justice Clarence Thomas in his concurring opinion) call for an end to all contribution limits. Two of the nation’s top First Amendment scholars—Ronald Collins and David Skover—have produced a highly engaging, incisive account of the case, including exclusive interviews with petitioner Shaun McCutcheon and other key players, as well as an eye-opening history of campaign finance law in the U.S.

When Money Speaks launches a new series from Top Five Books, SCOTUS Books-in-Brief. The series aims to provide lay and scholarly readers with a reliable, informative, and engaging narrative account of significant Supreme Court rulings within days of when they come down, in a concise format and at a low price. Each SCOTUS Books-in-Brief title will be available within a week of the decision and be researched and written by a noted legal authority in the field.”
From the publisher


New and Notable: International Criminal Law and its Enforcement

Cover ImageInternational Criminal Law and its Enforcement Cases and Materials, Third Edition

Beth Van Schaack
Ronald Slye, Professor of Law

SU Law Library LAW-Reserve (Faculty Collection) (KZ7050.V36 2015 )

“This casebook provides a comprehensive introduction to the law, theory, institutions, and practice of international criminal law through the use of rich problems and compelling jurisprudence from around the world. It provides a solid grounding in the historical development of international criminal law and related institutions, as well as introducing contemporary developments in the field. It can be used as a text for an introductory lecture course on international criminal law as well as an advanced class in international law. The casebook and website include basic introductory materials on public international law and criminal law, thus making it accessible to students and professors who are new to either subject. The casebook also comes with a comprehensive 270-page teacher’s manual.

After an introduction to the principles and practices of international and extraterritorial jurisdiction, this text covers the substantive jurisdiction of the International Criminal Court-war crimes, crimes against humanity, genocide, and aggression-as well as the international crimes of torture and terrorism. It undertakes an elemental analysis of these international crimes as they have developed and evolved in international law and focuses on the challenges of interpreting and applying these norms in a criminal prosecution. Students will scrutinize the jurisprudence of the international and hybrid war crimes tribunals and the text of and deliberations surrounding the ICC Statute with an emphasis on understanding the prosecution’s burden, available defenses, and sources of proof. Although the focus of the text is on substantive law, it does include materials (notes, questions, and some cases) on selected procedural issues that present unique challenges in international criminal law, such as apprehending the accused and sentencing.

The book draws from the work of a broad range of institutions that adjudicate and interpret international criminal law-including international, hybrid, and domestic tribunals and other transitional justice mechanisms-and tracks the vertical and horizontal cross-fertilization of concepts and precedents. It also deliberately presents jurisprudence developed outside of North America and Europe in order to better expose students to the global nature of international criminal law. By situating international criminal law within the larger framework of public international law and comparative law, this book also serves as an introduction to international legal process, reasoning and law making.” – From the publisher