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For a complete list of acquisitions for a particular week, please select a link from the list below. Full monthly listings can be found in the Acquisitions List Archive.

MU Law Acquisitions Lists

November Acquisitions

Selective Listing of Recent Acquisitions

Blindfolds Off: Judges On How They Decide

by Joel Cohen, ABA Publications, 2014

Remarkably little is known to the general public, or even to the practicing legal profession, about judges—how they decide cases, how they allocate work between staff and themselves, their work ethic, their psychology, the extralegal influences that play on them.

This important new book penetrates that veil of secrecy with thirteen interviews tape recorded in the chambers of the respective judges. The author has picked as the interviewees federal district judges who have presided in famous, publicity-attracting cases, cases most likely to challenge a judge’s fidelity to a passive, formalistic—which is to say traditional—mode of judicial decision making, and he has focused the interviews on those cases.

The book features selected specific, well known cases for the free-flowing dialogues which follow, from the thousands of cases to which these thirteen judges have been assigned. These are cases which have raised critical questions about justice, policy, precedent and the law and the way in which the currents and tides of their lives and of our ever-changing society have influenced those rulings.

The Opening of American Law: Neoclassical Legal Thought, 1870-1970

by Herbert Hovenkamp, Oxford University Press, 2014

Two Victorian Era intellectual movements changed the course of American legal thought: Darwinian natural selection and marginalist economics. The two movements rested on fundamentally inconsistent premises. Darwinism emphasized instinct, random selection, and determinism. Marginalism emphasized rational choice. Legal theory managed to accommodate both, although to different degrees in different disciplines.

The two movements also developed mutually exclusive scientific methodologies. Darwinism emphasizing external indicators of welfare such as productivity, education or health, while marginalists emphasized market choice. Historians have generally exaggerated the role of Darwinism in American legal thought, while understating the role of marginalist economics. This book explores these issues in several legal disciplines. One is Progressive Era movements for redistributive policies about taxation and public goods. Darwinian science also dominated the law of race relations, while criminal law reflected an inconsistent mixture of Darwinian and marginalist incentive-based theories. The common law, including family law, contract, property, and tort, moved from emphasis on correction of past harms to management of ongoing risk and relationship. A chapter on Legal Realism emphasizes the Realists' indebtedness to institutional economics, a movement that powerfully influenced American legal theory long after it fell out of favor with economists. Five chapters on the corporation, innovation and competition policy show how marginalist economics transformed business policy. The ironic exception was patent law, which developed in relative insulation from economic concerns about innovation policy. The book concludes with three chapters on public law, emphasizing the role of institutionalist economics in policy making during and after the New Deal. A lengthy epilogue then explores the variety of postwar attempts to reconstruct a defensible and more market-oriented rule of law after the decline of Legal Realism and the New Deal.

Trying Your First Case: A Practitioner's Guide

edited by Nash E. Long, III, ABA Publishing, 2014

Trying Your First Case is important not just for the individual lawyer, but for the justice system as a whole. The rationale for our adversarial system of justice—that truth is more reliably determined by the clash of opposing viewpoints—presupposes a basic level of competency between advocates. For the system to produce the best results, the players must play their roles well. Trying Your First Case gives lawyers both young and experienced, a “playbook” to use in preparing a case for trial.

This “how-to” guide provides exceptional guidance and practical advice for lawyers preparing for their first trial, as well as attorneys who have tried numerous cases. Detailed examples offer insights on how to persuade jurors, prepare efficiently, and present evidence and arguments in a compelling manner.

The Photography Law Handbook

by Steven M. Richman, ABA Publications, 2015

As technology is constantly evolving, so are the laws regarding photography. With advances on how photos are being taken and how they are now being viewed there is a constant battle on regarding creating art and the legal ramifications. This includes the rights of taking the actual photograph, and the use of the photograph itself. Resulting in a number of liabilities and different applications of legal principles this guide helps you understand your first amendment rights on what you can and cannot photograph and sell.

The Photography Law Handbook provides a pragmatic and personal perspective on the photographers’ rights and obligations. Including copyright, privacy, and contact laws this resources provides the necessary information for lawyers and photographers alike on an ever changing arena. Lastly, the author—a lawyer and photographer—provides actual cases and situations to clarify the potential pitfalls you may encounter.

Land Use Law and Disability: Planning and Zoning for Accessible Communities

by Robin Paul Malloy, Cambridge University Press, 2014

In Land Use Law and Disability, Robin Paul Malloy argues that our communities need better planning to be safely and easily navigated by people with mobility impairment and to facilitate intergenerational aging in place. To achieve this, communities will need to think of mobility impairment and inclusive design as land use and planning issues, in addition to understanding them as matters of civil and constitutional rights. Although much has been written about the rights of people with disabilities, little has been said about the interplay between disability and land use regulation. This book undertakes to explain mobility impairment, as one type of disability, in terms of planning and zoning. The goal is to advance our understanding of disability in terms of planning and zoning to facilitate cooperative engagement between disability rights advocates and land use professionals. This in turn should lead to improved community planning for accessibility and aging in place.

Transactions Without Borders: A Client and Lawyer's Guide to Overseas Operations

by David Steiger, ABA Publishing, 2014

Attorneys involved in transnational operations will benefit from the experience and practical observations of dozens of transactional counsel, consultants, and executive experts on cross-border deals from around the world who offer useful insights into a host of relevant topics. This book will also help business people involved in international operations understand the role their attorneys and other supporting personnel play throughout the process of a transaction.

Substantive Protection under Investment Treaties: A Legal and Economic Analysis

by Jonathan Bonnitcha, Cambridge University Press, 2014

Substantive Protection under Investment Treaties provides the first systematic analysis of the consequences of the substantive protections that investment treaties provide to foreign investors. It proposes a new framework for identifying and evaluating the costs and benefits of differing levels of investment treaty protection, and uses this framework to evaluate the levels of protection for foreign investors implied by different interpretations of the fair and equitable treatment and indirect expropriation provisions of investment treaties. The author examines the arguments and assumptions of both supporters and critics of investment treaties, seeks to test whether they are coherent and borne out by evidence, and concludes that the 'economic' justifications for investment treaty protections are much weaker than is generally assumed. As such, the 'economic' objectives of investment treaties are not necessarily in tension with other 'non-economic' objectives. These findings have important implications for the drafting and interpretation of investment treaties.

What Every Lawyer Needs to Know About Immigration Law

by Anna Williams Shavers, Jennifer Hermansky, Jill E. Family, Lillian Katherine Kalmykov, William S. Jordan III, ABA Publishing, 2014

Given the many ways in which immigration law can affect a single individual as well as as large corporation, most lawyers will encounter a client needing immigration law advice. Yet for the nonspecialist, immigration law can be daunting, particularly because it is governed by a complex mix of statutes, regulations, and federal and administrative court guidance - as well as by adjudicatory policies from multiple administrative agencies. Thus, it is important for lawyers to understand how best to spot immigration issues for clients, and when to involve an immigration attorney for assistance with a client. This book was written by immigration law specialists who insights, guidance, and practice tips can offer help in understanding these issues.

The book is meant to provide attorneys working in various areas of law with enough information to identify problematic immigration issues, counsel their clients accordingly and if the matter is advanced to know when to advise the client to consult with immigration counsel.  It will also introduce attorneys to the myriad of agencies involved in the immigration process.