Legal Research

New Acquisitions in March 2010

Here is the list of new titles the Law Library acquired in March 2010: March Acquisitions List . The list also is available on the Library's home page.

In addition, here are some highlighted titles of particular interest:

Nussbaum, Martha Craven, 1947- From disgust to humanity : sexual orientation and constitutional law / Martha C. Nussbaum. Oxford ; New York : Oxford University Press, 2010.
KF4754.5 .N87 2010

Publisher's Description: A distinguished professor of law and philosophy at the University of Chicago, a prolific writer and award-winning thinker, Martha Nussbaum stands as one of our foremost authorities on law, justice, freedom, morality, and emotion. In From Disgust to Humanity , Nussbaum aims her considerable intellectual firepower at the bulwark of opposition to gay equality: the politics of disgust.

Nussbaum argues that disgust has long been among the fundamental motivations of those who are fighting for legal discrimination against lesbian and gay citizens. When confronted with same-sex acts and relationships, she writes, they experience "a deep aversion akin to that inspired by bodily wastes, slimy insects, and spoiled food--and then cite that very reaction to justify a range of legal restrictions, from sodomy laws to bans on same-sex marriage." Leon Kass, former head of President Bush's President's Council on Bioethics, even argues that this repugnance has an inherent "wisdom," steering us away from destructive choices. Nussbaum believes that the politics of disgust must be confronted directly, for it contradicts the basic principle of the equality of all citizens under the law. "It says that the mere fact that you happen to make me want to vomit is reason enough for me to treat you as a social pariah, denying you some of your most basic entitlements as a citizen." In its place she offers a "politics of humanity," based not merely on respect, but something akin to love, an uplifting imaginative engagement with others, an active effort to see the world from their perspectives, as fellow human beings. Combining rigorous analysis of the leading constitutional cases with philosophical reflection about underlying concepts of privacy, respect, discrimination, and liberty, Nussbaum discusses issues ranging from non-discrimination and same-sex marriage to "public sex." Recent landmark decisions suggest that the views of state and federal courts are shifting toward a humanity-centered vision, and Nussbaum's powerful arguments will undoubtedly advance that cause.

The psychology of judicial decision making / edited by David Klein, Gregory Mitchell. Oxford ; New York : Oxford University Press, 2010.
KF8775 .P78 2010

Publisher's Description: While scholars in the past several decades have made great progress in explaining what judges do, there remains a certain lack of depth to our understanding. This volume grew from a belief that close examination of the psychological processes underlying judicial decision making can greatly enrich this understanding. The collected essays map ways of incorporating key concepts and findings from psychology into the study of judging.

The first section of the book takes as its starting point the fact that judges make many of the same judgments and decisions that ordinary people make and considers how our knowledge about judgment and decision-making in general applies to the case of legal judges. In the second section, chapters focus on the specific tasks that judges perform within a unique social setting and examine the expertise and particular modes of reasoning that judges develop to deal with their tasks in this unique setting. Finally, the third section raises questions about whether and how we can evaluate judicial performance, with implications for the possibility of improving judging through the selection and training of judges and structuring of judicial institutions. Together the essays will foster a better understand how judges make decisions, and open new avenues of inquiry into influences on judicial behavior.

Halliday, Paul D. (Paul Delaney), 1961- Habeas corpus : from England to empire / Paul D. Halliday. Cambridge, Mass. : Belknap Press of Harvard University Press, 2010.
KD7612 .H35 2010

Publisher's Description: We call habeas corpus the Great Writ of Liberty. But it was actually a writ of power. In a work based on an unprecedented study of thousands of cases across more than five hundred years, Paul Halliday provides a sweeping revisionist account of the world's most revered legal device.

In the decades around 1600, English judges used ideas about royal power to empower themselves to protect the king's subjects. The key was not the prisoner's "right" to "liberty"--these are modern idioms--but the possible wrongs committed by a jailer or anyone who ordered a prisoner detained. This focus on wrongs gave the writ the force necessary to protect ideas about rights as they developed outside of law. This judicial power carried the writ across the world, from Quebec to Bengal. Paradoxically, the representative impulse, most often expressed through legislative action, did more to undermine the writ than anything else. And the need to control imperial subjects would increasingly constrain judges. The imperial experience is thus crucial for making sense of the broader sweep of the writ's history and of English law.

Kristof, Nicholas D., 1959- Half the sky : turning oppression into opportunity for women worldwide / Nicholas D. Kristof and Sheryl WuDunn. New York : Alfred A. Knopf, 2009.
HQ1236.5.D44 K75 2009

Publisher's Description: From two of our most fiercely moral voices, a passionate call to arms against our era's most pervasive human rights violation: the oppression of women and girls in the developing world. With Pulitzer Prize winners Nicholas D. Kristof and Sheryl WuDunn as our guides, we undertake an odyssey through Africa and Asia to meet the extraordinary women struggling there, among them a Cambodian teenager sold into sex slavery and an Ethiopian woman who suffered devastating injuries in childbirth. Drawing on the breadth of their combined reporting experience, Kristof and WuDunn depict our world with anger, sadness, clarity, and, ultimately, hope.

They show how a little help can transform the lives of women and girls abroad. That Cambodian girl eventually escaped from her brothel and, with assistance from an aid group, built a thriving retail business that supports her family. The Ethiopian woman had her injuries repaired and in time became a surgeon. A Zimbabwean mother of five, counseled to return to school, earned her doctorate and became an expert on AIDS.

Through these stories, Kristof and WuDunn help us see that the key to economic progress lies in unleashing women's potential. They make clear how so many people have helped to do just that, and how we can each do our part. Throughout much of the world, the greatest unexploited economic resource is the female half of the population. Countries such as China have prospered precisely because they emancipated women and brought them into the formal economy. Unleashing that process globally is not only the right thing to do; it's also the best strategy for fighting poverty.

Full post as published by LexLibris on April 01, 2010 (boomark / email).