MU Law Library & Technology

Rebels at the Bar: The Fascinating, Forgotten Stories of America's First Women Lawyers

by Jill Norgren, New York University Press, 2013

In Rebels at the Bar, prize-winning legal historian Jill Norgren recounts the life stories of a small group of nineteenth century women who were among the first female attorneys in the United States. Beginning in the late 1860s, these determined rebels pursued the radical ambition of entering the then all-male profession of law. They were motivated by a love of learning. They believed in fair play and equal opportunity. They desired recognition as professionals and the ability to earn a good living.

Through a biographical approach, Norgren presents the common struggles of eight women first to train and to qualify as attorneys, then to practice their hard-won professional privilege. Their story is one of nerve, frustration, and courage. This first generation practiced civil and criminal law, solo and in partnership. The women wrote extensively and lobbied on the major issues of the day, but the professional opportunities open to them had limits. They never had the opportunity to wear the black robes of a judge. They were refused entry into the lucrative practices of corporate and railroad law.Although male lawyers filled legislatures and the Foreign Service, presidents refused to appoint these early women lawyers to diplomatic offices and the public refused to elect them to legislatures.

Rebels at the Bar expands our understanding of both women’s rights and the history of the legal profession in the nineteenth century. It focuses on the female renegades who trained in law and then, like men, fought considerable odds to create successful professional lives. In this engaging and beautifully written book, Norgren shares her subjects’ faith in the art of the possible. In so doing, she ensures their place in history.

Theft of a Nation: Wall Street Looting and Federal Regulatory Colluding

by Gregg Barak, Rowman & Littlefield Publishers, 2012

Theft of a Nation presents a powerful criminological examination of Wall Street’s recent financial meltdown and its profound impact on the rest of the country. This provocative book asks why, if the actions of key players on Wall Street and in the government resulted in an economic downturn that harmed millions of Americans and destroyed capital worldwide, no one was held criminally liable for these actions.

Author Gregg Barak provides a basic history of financial regulation and deregulation, as well as a primer on both securities fraud and mass victimization. Using key concepts in victimology and white collar crime, he explores the diverse ways civil and criminal law enforcement responded to the damaging behavior on Wall Street. The book also assesses Wall Street Financial Reform and the Consumer Protection Act of 2010, showing the ways that Americans may still be at risk.

Copyright and Mass Digitization

by Maurizio Borghi and Stavroula Karapapa, Oxford University Press, 2013

In an age where works are increasingly being used, not only as works in the traditional sense, but also as carriers of data from which information may be automatically extracted for various purposes, Borghi and Karapapa consider whether mass digitisation is consistent with existing copyright principles, and ultimately whether copyright protection needs to be redefined, and if so how?

The work considers the activities involved in the process of mass digitization identifying impediments to the increasing number of such projects such as the inapplicability of copyright exceptions, difficulties in rights clearance, and the issue of 'orphan' and out-of-print works.

It goes on to examine the concept of 'use' of works in light of mass digital technologies and how it impinges on copyright law and principles; for example considering whether scanning and using optical character recognition in mass digital projects qualify as transformative use, or whether text mining on digitial repositories should be a permitted activity. These issues are considered in the context of both European and US law. Consideration is also given to mass digitization in the wider context of 'law and technology', comparing mass digitization issues with those of genetic databases, online privacy and data protection.

Illustrating how mass digitization unveils a number of unsettled theoretical issues within copyright, the book proposes a new regulatory framework for the use of works in the context of emerging technologies, providing a new rights-based approach to dealing with copyright.

State Violence and the Execution of Law: Biopolitical Caesurae of Torture, Black Sites, Drones

by Joseph Pugliese, Taylor & Francis, 2013

State Violence and the Execution of Law stages a provocative analysis of how the biopolitical divide between human and animal has played a fundamental role in enabling state violence, including torture, secret imprisonment and killing-at-a-distance via drones. Analyzing the complex ways in which the United States government deploys law in order to consolidate and further imperial relations of power, Pugliese tracks the networks that enable the diffusion and normalization of the state’s monopoly of violence both in the US and in an international context. He demonstrates how networks of state violence are embedded within key legal institutions, military apparatuses, civilian sites, corporations, carceral architectures, and advanced technologies.

The author argues that the exercise of state violence, as unleashed by the war on terror, has enmeshed the subjects of the Global South within institutional and discursive structures that position them as non-human animals that can be tortured, killed and disappeared with impunity. Drawing on poststructuralist, critical race and whiteness, and critical legal theories, the book is transdisciplinary in its approach and value. It will be invaluable to university students and scholars in Critical Legal and Socio-Legal Studies, Cultural Studies, Race and Ethnicity Studies, International Politics, and Postcolonial Studies.

Equality in Education Law and Policy, 1954-2010

by Benjamin M. Superfine, Cambridge University Press, 2013

Educational equality has long been a vital concept in U.S. law and policy. Since Brown v. Board of Education, the concept of educational equality has remained markedly durable and animated major school reform efforts, including desegregation, school finance reform, the education of students with disabilities and English language learners, charter schools, voucher policies, the various iterations of the Elementary and Secondary Education Act (including No Child Left Behind), and the “Stimulus.” Despite such attention, students' educational opportunities have remained persistently unequal as understandings of the goals underlying schooling, fundamental changes in educational governance, and the definition of an equal education have continually shifted. Drawing from law, education policy, history, and political science, this book examines how the concept of equality in education law and policy has transformed from Brown through the Stimulus, the major factors influencing this transformation, and the significant problems that school reforms accordingly continue to face.

Courts and Consociations: Human Rights versus Power-Sharing

by Christopher McCrudden and Brendan O'Leary, Oxford University Press, 2013

Consociations are power-sharing arrangements, increasingly used to manage ethno-nationalist, ethno-linguistic, and ethno-religious conflicts. Current examples include Belgium, Bosnia, Northern Ireland, Burundi, and Iraq. Despite their growing popularity, they have begun to be challenged before human rights courts as being incompatible with human rights norms, particularly equality and non-discrimination.

Courts and Consociations examines the use of power-sharing agreements, their legitimacy, and their compatibility with human rights law. Key questions include to what extent, if any, consociations conflict with the liberal individualist preferences of international human rights institutions, and to what extent consociational power-sharing may be justified to preserve peace and the integrity of political settlements.

In three critical cases, the European Court of Human Rights has considered equality challenges to important consociational practices, twice in Belgium and then in Sejdic and Finci v Bosniaregarding the constitution established for Bosnia Herzegovina under the Dayton Agreement. The Court's decision in Sejdic and Finci has significantly altered the approach it previously took to judicial review of consociational arrangements in Belgium. This book accounts for this change and assess its implications. The problematic aspects of the current state of law are demonstrated. Future negotiators in places riven by potential or actual bloody ethnic conflicts may now have less flexibility in reaching a workable settlement, which may unintentionally contribute to sustaining such conflicts and make it more likely that negotiators will consider excluding regional and international courts from reviewing these political settlements.

Providing a clear, accessible introduction to both the political use of power-sharing settlements and the human rights law on the issue, this book is an invaluable guide to all academics, students, and professionals engaged with transitional justice, peace agreements, and contemporary human rights law.

Shooting to Kill: Socio-Legal Perspectives on the Use of Lethal Force

edited by Simon Bronitt, Miriam Gani, and Saskia Hufnagel, Hart Publishing UK, 2012

This book brings together perspectives from different legal fields to examine the significant legal, moral, and political issues which arise in relation to the use of lethal force in both domestic and international law. These issues have particular salience in the counter-terrorism context following 9/11 (which brought with it the specter of shooting down hijacked airplanes), and the use of force by London's Metropolitan Police Service in Operation Kratos that led to the tragic shooting of Charles Menezes. Concerns about the use of excessive force, however, are not confined to the terrorist situation.

The essays in this collection examine how the State sanctions the use of lethal force in varied ways: through the doctrines of public and private self-defense, as well as the development of legislation and case law that excuses or justifies the use of lethal force in the course of executing an arrest, preventing crime or disorder, or protecting private property. An important theme is how the domestic and international legal orders intersect and continue to influence one another. While legal approaches to the use of lethal force share common features, the context within which force is deployed varies greatly. Key issues explored in this volume are the extent to which domestic and international law authorize preemptive use of force, and how necessity and reasonableness are legally constructed in this context. 

Why Tolerate Religion?

by Brian Leiter, Princeton University Press, 2012

This provocative book addresses one of the most enduring puzzles in political philosophy and constitutional theory—why is religion singled out for preferential treatment in both law and public discourse? Why, for example, can a religious soup kitchen get an exemption from zoning laws in order to expand its facilities to better serve the needy, while a secular soup kitchen with the same goal cannot? Why is a Sikh boy permitted to wear his ceremonial dagger to school while any other boy could be expelled for packing a knife? Why are religious obligations that conflict with the law accorded special toleration while other obligations of conscience are not?

In Why Tolerate Religion?, Brian Leiter argues that the reasons have nothing to do with religion, and that Western democracies are wrong to single out religious liberty for special legal protections. He offers new insights into what makes a claim of conscience distinctively "religious," and draws on a wealth of examples from America, Europe, and elsewhere to highlight the important issues at stake. With philosophical acuity, legal insight, and wry humor, Leiter shows why our reasons for tolerating religion are not specific to religion but apply to all claims of conscience, and why a government committed to liberty of conscience is not required by the principle of toleration to grant exemptions to laws that promote the general welfare.