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  New York Legal Research

  Elizabeth G. Adelman, Courtney L. Selby, Brian T. Detweiler, and Kathleen Darvil

  New York Legal Research provides an alternative to the excellent, but often lengthy, legal research books that take a bibliographic approach to this dynamic lawyering skill. The goal of the fourth edition is to explore concisely both the sources of New York state law and the process of conducting research using those sources.

  The book begins with an overview of the legal research process and an introduction to research techniques using online media. Then the book turns to secondary sources, recognizing these sources as the entry point for most new research projects. Next, New York Legal Research addresses primary authority, with chapters dedicated to case law, enacted law (statutes, constitutions, local law, and court rules), and administrative law. Additional chapters cover legislative history, free and commercial updating tools, legal ethics research, New York City law, and research strategies and organization. An appendix explains legal citation by New York courts following the New York Law Reports Style Manual.

  Most chapters contain outlines with step-by-step guidance for research in various types of legal resources. The book also includes short excerpts and screen shots from important sources. Discussions of legal analysis are brief but are included as necessary to show the crucial connection between research and analysis. While the concentration of New York Legal Research is state research, concise descriptions of federal resources are included throughout.

  New to the fourth edition is a much greater emphasis on online sources and online research process. Print sources are discussed as an opportunity to enhance the research process or when no online equivalent is available.

  This book is part of the Legal Research Series, edited by Tenielle Fordyce-Ruff, Director of the Legal Research and Writing Program, Concordia University School of Law.

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  Zoo Veterinarians: Governing Care on a Diseased Planet

  Irus Braverman

  Despite their centrality to the operation of contemporary accredited zoo and aquarium institutions, the work of zoo veterinarians has rarely been the focus of a critical analysis in the social science and humanities. Drawing on in-depth interviews and observations of zoo and aquarium veterinarians, mainly in Europe and North America, this book highlights the recent transformation that has occurred in the zoo veterinarian profession during a time of ecological crisis, and what these changes can teach us about our rapidly changing planet.

  Zoo vets, Braverman instructs us with a wink, have "gone wild." Originally an individual welfare-centered profession, these experts are increasingly concerned with the sustainability of wild animal populations and with ecological health. The story of zoo vets going wild—in their subjects of care, their motivations, and their ethical standards, as well as in their professional practices and scientific techniques—is also a story about zoo animals gone wild, wild animals encroaching the zoo, and, more generally, a wild world that is becoming "zoo-ified." Such transformations have challenged existing veterinary standards and practices. Exploring the regulatory landscape that governs the work of zoo and aquarium veterinarians, Braverman traverses the gap between the hard and soft sciences and between humans and nonhumans.

  At the intersection of animal studies, socio-legal studies, and science and technology studies, this book will appeal not only to those interested in zoos and in animal welfare, but also to scholars in the posthumanities.

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  Blue Legalities: The Law and Life of the Sea

  Irus Braverman and Elizabeth R. Johnson

  The ocean and its inhabitants sketch and stretch our understandings of law in unexpected ways. Inspired by the blue turn in the social sciences and humanities, Blue Legalities explores how regulatory frameworks and governmental infrastructures are made, reworked, and contested in the oceans. Its interdisciplinary contributors analyze topics that range from militarization and Maori cosmologies to island building in the South China Sea and underwater robotics. Throughout, Blue Legalities illuminates the vast and unusual challenges associated with regulating the turbulent materialities and lives of the sea. Offering much more than an analysis of legal frameworks, the chapters in this volume show how the more-than-human ocean is central to the construction of terrestrial institutions and modes of governance. By thinking with the more-than-human ocean, Blue Legalities questions what we think we know—and what we don’t know—about oceans, our earthly planet, and ourselves.

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  Feminist Judgments: Rewritten Tort Opinions

  Martha Chamallas and Lucinda M. Finley

  By rewriting both canonical and lesser-known tort cases from a feminist perspective, this volume exposes gender and racial bias in how courts have categorized and evaluated harm stemming from pre-natal malpractice, pregnancy loss, domestic violence, sexual assault and harassment, invasion of privacy, and the award of economic and non-economic damages. The rewritten opinions demonstrate that when confronted with gendered harm to women, courts have often distorted or misapplied conventional legal doctrine to diminish the harm or deny recovery. Bringing this implicit bias to the surface can make law students, and lawyers and judges who craft arguments and apply tort doctrines, more aware of inequalities of race, gender, class, and sexual orientation or identity. This volume shows the way forward to make the basic doctrines of tort law more responsive to the needs and perspectives of traditionally marginalized people, in ways that give greater value to harms that they disproportionately experience.

  • Provides examples of rewritten torts opinions from feminist perspectives to allow readers to envision transformation of tort law from feminist perspectives
  • Critiques judicial opinions that undervalue gender-related interests and injuries, demonstrating gender bias in major areas of tort law
  • Offers examples of strategies and techniques to reform tort law to suggest potential concrete changes in tort law to make it more equitable

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  ADR in the Workplace (American Casebook Series)

  Laura J. Cooper, Dennis R. Nolan, Richard A. Bales, Stephen F. Befort, Lise Gelernter, and Michael A. Green

  This text is suitable for use in law schools, business schools, and schools of industrial relations. It addresses ADR topics through a wide diversity of materials, including judicial decisions, arbitration awards, essays, and questions and problems for class discussion. Sections on judicial determinations of arbitrability, judicial review, injunctions, deferral, and the duty of fair representation offer thorough coverage of legal issues. Extensive treatment of the substance and practice of labor arbitration provides material for courses focusing on labor arbitration practice. Materials on dispute resolution in the nonunion setting address a broad range of issues including law, theory, practice, and policy.

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  Jurisprudence in a Globalized World

  Jorge Luis Fabra-Zamora

  In this unique book, leading legal scholars and philosophers provide a breadth of perspectives and inspire stimulating debate around the transformations of jurisprudence in a globalized world. Traditionally the central debates surrounding jurisprudence and legal theory are concerned with the elucidation of the particularities of state-law. This innovative book considers that this orthodox picture may no longer be tenable, given the increasing standardization of technologies, systems and information worldwide.

  Split across four thematic parts, this timely book provides a broad overview of the topic, followed by in depth analyses investigating the modifications to jurisprudence’s methodological approaches driven by globalization, the concepts and theoretical tools required to account for putative new forms of legal phenomena, and normative issues relating to the legitimacy and democratic character of these legal orders. Chapters cover legal encounters with alterity in a post-monist mode, normative legal pluralism, relating law and power in a historical global context, cosmopolitan legitimacy and human rights and dignity in a corporate world.

  Jurisprudence in a Globalized World will be a key resource for students and scholars working in global transnational law, public international law and legal theory and philosophy.

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  Las transformaciones del derecho en la globalización [Law’s Transformation in Globalization]

  Jorge Luis Fabra-Zamora

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  Legal Argument: The Structure and Language of Effective Advocacy

  James A. Gardner and Christine P. Bartholomew

  Legal Argument: The Structure and Language of Effective Advocacy is a full-featured guide designed primarily for law students in research, writing, analysis, and trial advocacy classes and moot court programs. Inside you'll find detailed explanations of how lawyers construct legal arguments and practical guidelines to the process of molding the raw materials of litigation—cases, statutes, testimony, documents, common sense—into instruments of persuasive advocacy. You'll also find writing guidelines that show you how to present a well-constructed legal argument in writing in a way that legal decision makers will find persuasive. The centerpiece of this indispensable work is its syllogism-based step-by-step method, designed to walk the advocate through the process of crafting a winning argument. Intuitive organization presents the material in five parts:

  • Part I sets out a general methodology for constructing legal arguments.
  • Part II focuses more closely on the construction of persuasive, well-grounded legal premises, and covers the effective integration of legal doctrine and evidence into the argument's structure.
  • Part III shows how to put the method to work by giving two detailed examples of the construction of complete legal arguments from scratch.
  • Part IV provides a detailed protocol for reducing well-constructed legal arguments to written form, along with a concrete illustration of that process. It also provides concrete advice on how to recognize and avoid a host of common mistakes in the written presentation of legal arguments.
  • Part V moves from the basics into more advanced techniques of persuasive legal argument, including rhetorical tactics like framing and emphasis, how to respond to arguments, maintaining professionalism in advocacy, and the ethical limits of argument.

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  A Post-WTO International Legal Order: Utopian, Dystopian and Other Scenarios

  Meredith Kolsky Lewis and Junji Nakagwa

  This book provides readers with a unique opportunity to explore how the international economic legal order (IELO) may look in a post-WTO world. The substance of this book presupposes (whether correct or not) that the WTO either: (a) Stagnates into the foreseeable future (Doha withers, no new Rounds, at best minor amendments, little new jurisprudence, effective collapse of the DSB); or (b) Falls apart completely. While neither is desirable, the book underlines that it must be conceded that neither is inconceivable. The collapse of the Soviet Union tells us that anything is possible (in 1986 no one foresaw the end of the Cold War - clearly it was a much more significant event than would be the case for the demise of the WTO and the current international economic legal order (IELO)). Similarly, just a year or two before Brexit or the election of US President Donald Trump, no one foresaw those two eventualities. Consequently, a worst-case scenario for the future of the WTO cannot be ignored – rather, it must be explored, as has been done in this book. Indeed, despite most IEL academics’ commitment to multilateralism and specifically to a vibrant and dynamic WTO, academics in the field are now beginning to seriously discuss what a post-WTO world could look like (and it was the project behind this book that first launched those discussions). Accordingly, this examination of the post-WTO world will be of great value to practitioners, governmental and international officials and scholars in the IELO. This is particularly so in an era of increasingly rapid change, during which legal scholarship must also address the future if it wants to contribute creative solutions to the resolution and management of the many serious contemporary problems facing our field.

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  Getting Through Security: Counterterrorism, Bureaucracy, and a Sense of the Modern

  Mark Maguire and David A. Westbrook

  Getting Through Security offers an unprecedented look behind the scenes of global security structures. The authors unveil the “secret colleges” of counterterrorism, a world haunted by the knowledge that intelligence will fail, and Leviathan will not arrive quickly enough to save everyone. Based on extensive interviews with both special forces and other security operators who seek to protect the public, and survivors of terrorist attacks, Getting Through Security ranges from targeted European airports to African malls and hotels to explore counterterrorism today. Maguire and Westbrook reflect on what these practices mean for the bureaucratic state and its violence, and offer suggestions for the perennial challenge to secure not just modern life, but humane politics.

  Mark Maguire has long had extraordinary access to a series of counterterrorism programs. He trained with covert behavior detection units and attended secret meetings of international special forces. He found that security professionals, for all the force at their command, are haunted by ultimately intractable problems. Intelligence is inadequate, killers unexpectedly announce themselves, combat teams don’t arrive quickly enough, and for a time an amorphous public is on its own. Such problems both challenge and occasion the institutions of contemporary order. David Westbrook accompanied Maguire, pushing for reflection on what the dangerous enterprise of securing modern life means for key concepts such as bureaucracy, violence, and the state. Introducing us to the “secret colleges” of soldiers and police, where security is produced as an infinite horizon of possibility, and where tactics shape politics covertly, the authors relate moments of experimentation by police trying to secure critical infrastructure and conversations with special forces operators in Nairobi bars, a world of shifting architecture, technical responses, and the ever-present threat of violence. Secrecy is poison. Government agencies compete in the dark. The uninformed public is infantilized. Getting Through Security exposes deep flaws in the foundations of bureaucratic modernity, and suggests possibilities that may yet ameliorate our situation.

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  人权标准：霸权法律和政治 (translation of Human Rights Standards: Hegemony, Law, and Politics)

  Makau wa Mutua

  《人权标准：霸权法律和政治》追溯了人权标准制定之历史，并批判性地探讨了人权运动标准的确立。作者考察了第二次世界大战结束、人权运动诞生以来关键性的人权文本，以发展中国家的眼光批判性地审视了此类重要文献。本书着力阐述国际秩序的缺陷、以及为何这种国际秩序定义下的人权标准会充满文化偏见。

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  Structuring Poverty in the Windy City: Autonomy, Virtue, and Isolation in Post-Fire Chicago

  Joel E. Black

  The Great Chicago Fire in October 1871 destroyed 2,600 acres and left tens of thousands without housing, food, fuel, or clothing. In the aftermath the mayor handed all relief duties to the commercial elite at the Chicago Relief and Aid Society. This was, as Joel E. Black’s provocative study shows, a critical decision—one that ensured that Chicago’s physical rebuilding would be coupled with an equally ambitious rebuilding of the city’s poor, as reformers, social scientists, and journalists set out to interpret and define Chicago’s jobless, wayward, and migrating populations. What emerged from this effort was a new form of social and quasi-governmental authority based on poverty—a web of political and legal theories and practices rooted in the conditions of the poor. This authority is the subject of Structuring Poverty in the Windy City.

  In the decades after the Chicago Fire, the process begun by the Relief and Aid Society would expand outward—from jobless men to workingwomen to southern African American migrants, each defined by, and defining, poverty. Drawing on local newspapers, magazines, commissions, and legal decisions and documents from archives in Chicago, Black tells the stories of “tramps,” sex workers, and migrants caught within the structures of poverty; he also describes the legal and social order compelling their reform to the strictures of that selfsame order. As it reveals the central role of the impoverished in the creation of a legal order, Blacks book stresses the effect of social ideas on legal thinking, which was reflected in the policies of the New Deal and, even now, in the politics of poverty and social engineering.

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  Transnational Business Governance Interactions: Enhancing Regulatory Capacity, Ratcheting up Standards, and Empowering Marginalized Actors

  Stepan Wood, Rebecca Schmidt, Errol E. Meidinger, Burkard Eberlein, and Kenneth W. Abbott

  From agriculture to sport and from climate change to indigenous rights, transnational regulatory regimes and actors are multiplying and interacting with poorly understood results. This interdisciplinary book investigates whether, how and by whom transnational business governance interactions (TBGIs) can be harnessed to improve the quality of transnational regulation and advance the interests of marginalized actors.

  Exploring multiple sectors and issue areas, Transnational Business Governance Interactions presents new empirical and theoretical research from leading and emerging scholars and identifies obstacles to, and opportunities for, mobilizing TBGIs to enhance regulatory capacities, outputs and outcomes and to advance marginalized actors in transnational business governance.

  The prime readership for this work is an interdisciplinary audience of academics including scholars of law, business, environmental studies, international relations, political science, political economy and sociology. Because of its attention to practical strategies to harness governance interactions to enhance regulatory quality and advance marginalized groups, the book will also be of interest to high-level participants in global business governance, including standards-setting bodies, certification bodies, auditors, trade associations, civil society organizations, social movement organizers, national regulators, overseas development agencies and international organizations.

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  The Big Thaw: Policy, Governance and Climate Change in the Circumpolar North

  Ezra B. W. Zubrow, Errol E. Meidinger, and Kim Diana Connolly

  Explores the unprecedented and rapid climate changes occurring in the Arctic environment.

  Climate change, one of the drivers of global change, is controversial in political circles, but recognized in scientific ones as being of central importance today for the United States and the world. In The Big Thaw, the editors bring together experts, advocates, and academic professionals who address the serious issue of how climate change in the Circumpolar Arctic is affecting and will continue to affect environments, cultures, societies, and economies throughout the world. The contributors discuss a variety of topics, including anthropology, sociology, human geography, community economics, regional development and planning, and political science, as well as biogeophysical sciences such as ecology, human-environmental interactions, and climatology.

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  Children and the Law in a Nutshell

  Douglas E. Abrams, Susan Vivian Mangold, and Sarah H. Ramsey

  This thoroughly updated Nutshell follows the structure and format of the authors' popular casebook—Children and the Law: Doctrine, Policy, and Practice. The authors have devoted entire chapters to the meaning of "parent," civil and criminal abuse and neglect, the foster care system, adoption, medical decision-making, support and other financial responsibilities, protective legislation, and delinquency. Representation of children is covered throughout the book. Also treated for comparative purposes are several relevant international law issues, including the UN Convention on the Rights of the Child, international child labor, and U.S. tobacco exports.

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  Confidential Confidential: The Inside Story of Hollywood's Notorious Scandal Magazine

  Samantha Barbas

  In the 1950s, Confidential magazine, America's first celebrity scandal magazine, revealed Hollywood stars' secrets, misdeeds, and transgressions in gritty, unvarnished detail. Deploying a vast network of tipsters to root out scandalous facts about the stars, including sexual affairs, drug use, and sexual orientation, publisher Robert Harrison destroyed celebrities' carefully constructed images and built a media empire. Confidential became the bestselling magazine on American newsstands in the 1950s, surpassing Time, Life, and the Saturday Evening Post. Eventually the stars fought back, filing multimillion-dollar libel suits against the magazine. The state of California, prodded by the film studios, prosecuted Harrison for obscenity and criminal libel, culminating in a famous, star-studded Los Angeles trial. This is Confidential's story, detailing how the magazine revolutionized celebrity culture and American society in the 1950s and beyond. With its bold red-yellow-and-blue covers, screaming headlines, and tawdry stories, Confidential exploded the candy-coated image of movie stars that Hollywood and the press had sold to the public. It transformed Americas from innocents to more sophisticated, worldly people, wise to the phony and constructed nature of celebrity. It shifted reporting on celebrities from an enterprise of concealment and make-believe to one that was more frank, bawdy, and true. Confidential's success marked the end of an era of hush-hush—of secrets, closets, and sexual taboos—and the beginning of our age of tell-all exposure.

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  Injury and Injustice: The Cultural Politics of Harm and Redress

  Anne Bloom, David M. Engel, and Michael McCann

  This book addresses some of the most difficult and important debates over injury and law now taking place in societies around the world. The essays tackle the inescapable experience of injury and its implications for social inequality in different cultural settings. Topics include the tension between physical and reputational injuries, the construction of human injuries versus injuries to non-human life, virtual injuries, the normalization and infliction of injuries on vulnerable victims, the question of reparations for slavery, and the paradoxical degradation of victims through legal actions meant to compensate them for their disabilities. Authors include social theorists, social scientists and legal scholars, and the subject matter extends to the Middle East and Asia, as well as North America.

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  Coral Whisperers: Scientists on the Brink

  Irus Braverman

  In recent years, a catastrophic global bleaching event devastated many of the world’s precious coral reefs. Working on the front lines of ruin, today’s coral scientists are struggling to save these important coral reef ecosystems from the imminent threats of rapidly warming, acidifying, and polluted oceans. Coral Whisperers captures a critical moment in the history of coral reef science. Gleaning insights from over one hundred interviews with leading scientists and conservation managers, Irus Braverman documents a community caught in an existential crisis and alternating between despair and hope. In this important new book, corals emerge not only as signs and measures of environmental catastrophe, but also as catalysts for action.

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  Children and The Law: Doctrine, Policy and Practice (American Casebook Series)

  Douglas E. Abrams, Susan Vivian Mangold, and Sarah H. Ramsey

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  Newsworthy: the Supreme Court's Battle Over Privacy and Freedom of the Press

  Samantha Barbas

  In 1952, the Hill family was held hostage by escaped convicts in their suburban Pennsylvania home. The family of seven was trapped for nineteen hours by three fugitives who treated them politely, took their clothes and car, and left them unharmed. The Hills quickly became the subject of international media coverage. Public interest eventually died out, and the Hills went back to their ordinary, obscure lives. Until, a few years later, the Hills were once again unwillingly thrust into the spotlight by the media—with a best-selling novel loosely based on their ordeal, a play, a big-budget Hollywood adaptation starring Humphrey Bogart, and an article in Life magazine. Newsworthy is the story of their story, the media firestorm that ensued, and their legal fight to end unwanted, embarrassing, distorted public exposure that ended in personal tragedy. This story led to an important 1967 Supreme Court decision—Time, Inc. v. Hill—that still influences our approach to privacy and freedom of the press. Newsworthy draws on personal interviews, unexplored legal records, and archival material, including the papers and correspondence of Richard Nixon (who, prior to his presidency, was a Wall Street lawyer and argued the Hill family's case before the Supreme Court), Leonard Garment, Joseph Hayes, Earl Warren, Hugo Black, William Douglas, and Abe Fortas. Samantha Barbas explores the legal, cultural, and political wars waged around this seminal privacy and First Amendment case. This is a story of how American law and culture struggled to define and reconcile the right of privacy and the rights of the press at a critical point in history—when the news media were at the peak of their authority and when cultural and political exigencies pushed free expression rights to the forefront of social debate. Newsworthy weaves together a fascinating account of the rise of big media in America and the public's complex, ongoing love-hate affair with the press.

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  Adcreep: The Case Against Modern Marketing

  Mark Bartholomew

  Advertising is everywhere. By some estimates, the average American is exposed to over 3,000 advertisements each day. Whether we realize it or not, "adcreep"—modern marketing's march to create a world where advertising can be expected anywhere and anytime—has come, transforming not just our purchasing decisions, but our relationships, our sense of self, and the way we navigate all spaces, public and private.

  Adcreep journeys through the curious and sometimes troubling world of modern advertising. Mark Bartholomew exposes an array of marketing techniques that might seem like the stuff of science fiction: neuromarketing, biometric scans, automated online spies, and facial recognition technology, all enlisted to study and stimulate consumer desire. This marriage of advertising and technology has consequences. Businesses wield rich and portable records of consumer preference, delivering advertising tailored to your own idiosyncratic thought processes. They mask their role by using social media to mobilize others, from celebrities to your own relatives, to convey their messages. Guerrilla marketers turn every space into a potential site for a commercial come-on or clandestine market research. Advertisers now know you on a deeper, more intimate level, dramatically tilting the historical balance of power between advertiser and audience.

  In this world of ubiquitous commercial appeals, consumers and policymakers are numbed to advertising's growing presence. Drawing on a variety of sources, including psychological experiments, marketing texts, communications theory, and historical examples, Bartholomew reveals the consequences of life in a world of non-stop selling. Adcreep mounts a damning critique of the modern American legal system's failure to stem the flow of invasive advertising into our homes, parks, schools, and digital lives.

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  Gene Editing, Law, and the Environment: Life Beyond the Human

  Irus Braverman

  Technologies like CRISPR and gene drives are ushering in a new era of genetic engineering, wherein the technical means to modify DNA are cheaper, faster, more accurate, more widely accessible, and with more far-reaching effects than ever before. These cutting-edge technologies raise legal, ethical, cultural, and ecological questions that are so broad and consequential for both human and other-than-human life that they can be difficult to grasp. What is clear, however, is that the power to directly alter not just a singular form of life but also the genetics of entire species and thus the composition of ecosystems is currently both inadequately regulated and undertheorized. In Gene Editing, Law, and the Environment, distinguished scholars from law, the life sciences, philosophy, environmental studies, science and technology studies, animal health, and religious studies examine what is at stake with these new biotechnologies for life and law, both human and beyond.

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  Le droit à l’inclusion: Droit et identitité dans les récits de vie des personnes handicapées aux États-Unit (translation of: Rights of Inclusion: law and identity in the life stories of Americans with disabilities)

  David M. Engel and Frank W. Munger

  Les auteurs montrent que les personnes handicapées n’utilisent que rarement les possibilités de recours formels offertes afin de faire valoir leurs droits dans le cadre de la législation pionnière entrée en vigueur en 1990 (Americans with Disabilities Act). Ce texte est l’une des expressions majeures des avancées des droits civiques aux États-Unis, sur le principe des grands textes antidiscriminatoires de l’après-guerre. Toutefois, au travers de récits de vie fouillés, l’ouvrage souligne que le droit façonne les identités des citoyens de bien d’autres manières, qui ont une importance cruciale pour comprendre son rôle dans la société.

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  Election Law in the American Political System

  James A. Gardner and Guy-Uriel R. Charles

  This new Election Law casebook, published by Aspen, and suitable for use in law schools and political science departments, offers a distinct alternative to casebooks currently on the market. Although election law, like any body of law, is a collection of constitutional provisions, statutes, and judicial rulings, it is also something more: election law establishes the ground rules by which politics itself is conducted. It is thus impossible, in our view, or at the very least inadvisable, to contemplate existing American election law without considering the kind of politics we have, and without asking whether it is the kind of politics we want, or deserve, or can justify. This book results, quite simply, from our wish for a set of course materials that places election law, as thoroughly as possible within the constraints of a typical classroom setting, in this broader context. It is designed to provide robust support for instructors who wish to ask questions about the efficacy, justifiability, and merits of contemporary politics and politico-legal institutions.

  The book provides this support primarily in two ways. First, it organizes the material and offers an account of the field in a way that stresses the conceptual connections between legal regimes structuring different phases of the democratic process. Second, it draws frequently on democratic theory and empirical political science to provide tools to help answer, or at the very least to help frame and to ask, the really significant and challenging questions about the design and justifications of contemporary American election law. At the same time, the book’s judicious selection of cases and its use of more comprehensive case excerpts than are sometimes found in law school casebooks allow it to support equally teaching approaches that stress the intensive legal analysis of doctrine.

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  Constitutional Law: Sources and Problems

  Matthew J. Steilen