New and Notable: Cross-Examination Handbook

Cover Image

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


 

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

Cover Image

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

Cover Image

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


 

New and Notable: Mass Incarceration on Trial: A remarkable court decision and the future of prisons in America

Mass incarceration on trial: a remarkable court decision and the future of prisons in America Jonathan Simon
KF9730.S57 2014

From the publisher: Berkeley law professor Jonathan Simon—an internationally renowned critic of mass incarceration and the war on crime—argues that, much like the epic school segregation cases of the last century, this new case represents a major breakthrough in jurisprudence. Along with twenty years of litigation over medical and mental health care in California prisons, the 2011 Brown decision moves us from a hollowed-out vision of civil rights to the threshold of human rights… Exposing the priority of politics over rational penal policy—and debunking the premise that these policies are necessary for public safety—this perceptive and groundbreaking book urges us to seize the opportunity to replace mass incarceration with a system anchored in the preservation of human dignity.


 

New and Notable: Social networking: Law, Rights and Policy

Social networking: Law, Rights and Policy Paul Lambert
KF390.5.C6S643 2014

Social Networking: Law, Rights and Policy is a timely book which examines and explores many of the pressing issues presented by social networking and the array of legal issues, challenges and concerns that it has given rise to. – From the publisher.
It offers a strong international comparative element and examines various legal jurisdictions. – From Amazon’s review.


 

Featured Books from the New Books Collection

The New Books collection is located on the 2nd floor of the library directly in front of the reference desk.

Rebecca Redwood French & Mark A. Nathan eds Buddhism and Law: An Introduction (Cambridge University Press, 2014) LAW-New Books KNC615.B83 2014

As the first comprehensive study of Buddhism and law in Asia, this interdisciplinary volume challenges the concept of Buddhism as an apolitical religion without implications for law. Buddhism and Law draws on the expertise of the foremost scholars in Buddhist studies and in law to trace the legal aspects of the religion from the time of the Buddha to the present. In some cases, Buddhism provided the crucial architecture for legal ideologies and secular law codes, while in other cases it had to contend with a preexisting legal system, to which it added a new layer of complexity. The wide-ranging studies in this book reveal a diversity of relationships between Buddhist monastic codes and secular legal systems in terms of substantive rules, factoring, and ritual practices. (Publisher’s abstract)

Lisa Blee Framing Chief Leschi (UNC Press 2014) LAW-New Books E99.N74L473 2014

In 1855 in the South Puget Sound, war broke out between Washington settlers and Nisqually Indians. A party of militiamen traveling through Nisqually country was ambushed, and two men were shot from behind and fatally wounded. After the war, Chief Leschi, a Nisqually leader, was found guilty of murder by a jury of settlers and hanged in the territory’s first judicial execution. But some 150 years later, in 2004, the Historical Court of Justice, a symbolic tribunal that convened in a Tacoma museum, reexamined Leschi’s murder conviction and posthumously exonerated him. In Framing Chief Leschi, Lisa Blee uses this fascinating case to uncover the powerful, lasting implications of the United States’ colonial past.

Though the Historical Court’s verdict was celebrated by Nisqually people and many non-Indian citizens of Washington, Blee argues that the proceedings masked fundamental limits on justice for Indigenous people seeking self-determination. Underscoring critical questions about history and memory, Framing Chief Leschi challenges readers to consider whether liberal legal structures can accommodate competing narratives and account for the legacies of colonialism to promote social justice today. (Publisher’s abstract)


 

New and Notable: Scalia: A Court of One

Scalia: A Court of One Bruce Allen Murphy
KF8745.S33M87 201

Scalia: A Court of One is the compelling story of one of the most polarizing figures ever to serve on the nation’s highest court. It provides an insightful analysis of Scalia’s role on a Court that, like him, has moved well to the political right, losing public support and ignoring public criticism. To the delight of his substantial conservative following, Scalia’s “originalism” theory has become the litmus test for analyzing, if not always deciding, cases. But Bruce Allen Murphy shows that Scalia’s judicial conservatism is informed as much by his highly traditional Catholicism, mixed with his political partisanship, as by his reading of the Constitution. Murphy also brilliantly analyzes Scalia’s role in major court decisions since the mid-1980s and scrutinizes the ethical controversies that have dogged Scalia in recent years. A Court of One is a fascinating examination of one outspoken justice’s decision not to play internal Court politics, leaving him frequently in dissent, but instead to play for history, seeking to etch his originalism philosophy into American law. – From the publisher.


 

New and Notable: Framing Chief Leschi: Narratives and the Politics of Historical justice

Framing Chief Leschi: Narratives and the Politics of Historical Justice  Lisa Blee
E99.N74L473 2014

From the Publisher: In 1855 in the South Puget Sound, war broke out between Washington settlers and Nisqually Indians. A party of militiamen traveling through Nisqually country was ambushed, and two men were shot from behind and fatally wounded. After the war, Chief Leschi, a Nisqually leader, was found guilty of murder by a jury of settlers and hanged in the territory’s first judicial execution. But some 150 years later, in 2004, the Historical Court of Justice, a symbolic tribunal that convened in a Tacoma museum, reexamined Leschi’s murder conviction and posthumously exonerated him. In Framing Chief Leschi, Lisa Blee uses this fascinating case to uncover the powerful, lasting implications of the United States’ colonial past … challenges readers to consider whether liberal legal structures can accommodate competing narratives and account for the legacies of colonialism to promote social justice today.