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  The Pathology of Passivity: Shareholder Passivity as a False Narrative in Corporate Law, in Hidden Fallacies in Corporate Law and Financial Regulation (Alexandra Andhov et al. eds., 2025)

  Sarah C. Haan

  Featuring incisive research from preeminent scholars in the field, this seminal work interrogates long-standing assumptions and beliefs that have remained unexamined for decades. Taking a novel approach, the book serves as both a conceptual 'deconstruction' and a foundation for future research directions. Each chapter delves deep into the often-overlooked origins, mechanics and implications of outdated or misleading concepts (termed 'fallacies') that form the backbone of contemporary corporate and securities laws, financial regulations and related domains. Beyond simply identifying these fallacies, the authors illustrate the profound implications of recalibrating our analytic perspectives. By expanding the spectrum of inquiry and moving along multiple continuums – such as public to private, micro to macro, transactional to structural, individual to systemic, and static to dynamic – this volume underscores the transformative potential of re-envisioning the fundamentals of these fields. An essential read, this book promises to be a catalyst for change and a must-have for anyone committed to staying at the forefront of law and policy.

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  Washington and Lee School of Law Library, in Organizational Structures of Academic Law Libraries: Past, Present, and Future, Vol. 2 (Jessica de Perio Wittman & Elizabeth G. Adelman eds., 2024)

  Michelle Cosby

  There are 3 academic law library model structures: autonomous, semi-autonomous, and the shared services model:

  • An autonomous law school library is a library that is part of an independent law school or one that, despite being on a university campus, operates independently from the central campus library. The director of an autonomous law library reports to the dean of the law school. Typically, the law library’s budget is allocated from the law school budget at the discretion of the dean.
  • A semi-autonomous law library is administratively connected to both the law school it serves and the university’s central library. The director of a semi-autonomous law library reports to the dean of the law school and to the university librarian. The semi-autonomous law library’s budget is typically derived from the central library’s funds.
  • In the shared services model, an autonomous law library has consolidated select services with the central library, but the remaining reporting structure and budget resemble those of an autonomous law library.

  During the last decade many institutions have considered the possibility of transitioning to a different law library structure because it appears to be a path for the institution to save money. This book will shed light on the different structures and the issues associated with each by hearing from law school deans, directors of the law library, and even university librarians.

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  Sights, Sounds, and Sensibilities of Atrocity Prosecutions (Mark A. Drumbl & Caroline Fournet eds., 2024)

  Mark A. Drumbl and Caroline Fournet

  This book unlocks the look, sound, smell, taste, and feel of justice for massive human rights abuses. Twenty-nine expert authors examine the dynamics of the five human senses in how atrocity is perceived, remembered, and condemned. This book is chockful of images. It serves up remarkably diverse content. It treks around the globe: from Pacific war crimes trials in the aftermath of the Second World War to Holocaust proceedings in contemporary Germany, France, and Israel; from absurd show trials in Communist Czechoslovakia to international courtrooms in Arusha, Phnom Penh, and The Hague. Readers embark on a journey that transcends myriad dimensions, including photographic representations of grandfatherly old torturers in Argentina, narco-trafficking in Mexico, colonialisation in India, disinformation and misinformation pixelated in cyberspace, environmental degradation in Cambodia, militarism in Northern Ireland, and civil rights activism in Atlanta. Sights, Sounds, and Sensibilities of Atrocity Prosecutions reimagines what an atrocity means, reconsiders what drives the manufacture of law, and reboots the role of courtrooms and other mechanisms in the pursuit of justice. It unveils how law translates sensory experience into its procedures and institutions, and how humanistic inputs shape perceptions of right and wrong. This book thereby offers a refreshing primer on the underappreciated role of aesthetics, time, and emotion in the world of law.

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  Informers Up Close: Stories from Communist Prague (2024)

  Mark A. Drumbl and Barbora Holá

  Informers are generally reviled. After all, 'snitches get stitches.' Informers who report to repressive regimes are particularly disdained. While informers may themselves be victims enlisted by the state, their actions cause other individuals to suffer significant harm. Informers, then, are central to the proliferation of endemic human rights abuses. Yet, little is known about exactly why ordinary people end up informing on--at times betraying--other people to state authorities.

  Through a case-study of Communist Czechoslovakia (1945-1989) that draws from secret police archives, oral histories, and a broad gamut of secondary sources, this book unearths what fuels informers to speak to the secret police in repressive times and considers how transitional justice should approach informers once repression ends.

  This book unravels the complex drivers behind informing and the dynamics of societal reactions to informing. It explores the agency of both informers and secret police officers. By presenting informers up close, and the relationships between informers and secret police officers in high resolution, this book centres the role of emotions in informer motivations and underscores the value of dignity and reconciliation in transitional reconstruction. This book also leverages research from informing in repressive states to better understand informing in so-called liberal democratic states, which, after all, also rely on informers to maintain law and preserve order.

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  Negative Aesthetic Experiences of Prosecuting the Barely Alive, in Sights, Sounds, and Sensibilities of Atrocity Prosecutions (Mark A. Drumbl & Caroline Fournet eds., 2024)

  Shannon Fyfe

  Theories of negative aesthetics claim that some aesthetic qualities like disgust, ugliness, and repulsiveness are instrumentally valuable, and can be justified as a necessary means to producing what might be considered an ultimately positive aesthetic experience. In an international criminal trial, the presentation of ‘ugly’ visual and oral evidence may be justified in service of the aims of the trial. But when the ‘barely alive’ are prosecuted, however, a justification for a negative aesthetic experience may not exist. In this paper, I argue that due to their vulnerability and the need to protect their dignity, individuals who have been accused of mass atrocity crimes but who are nearing the end of their lives should generally not be subjected to public trial and punishment. The negative aesthetic experiences generated by displaying someone close to death in that setting cannot be justified by positive aesthetic or moral experiences.

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  Corporations and Labor Unions in Election Law, in The Oxford Handbook of American Election Law (Eugene D. Mazo ed., 2024)

  Sarah C. Haan

  The Oxford Handbook of American Election Law offers a sophisticated overview of one of the most contested and consequential areas of American law. The book introduces the reader to election law's core themes, provides summaries of its leading cases, guides the reader through key scholarly debates, and suggests areas for future research. The first book of its kind in the field, the Handbook brings together forty-seven leading scholars of election law to explore the doctrines and debates that define this field.

  The book begins by explaining how election law relates to its closest academic cousins, including constitutional law and political science. It then explores the major topics in election law, including the right to the vote, the rules of running for office, the role of political parties, the dynamics of redistricting and gerrymandering, the significance of the Voting Rights Act, the intricacies of campaign finance, and the recurring controversies surrounding election administration in the United States. Each chapter of the Handbook offers the reader a careful, detailed, and thorough analysis of thorny terrain, crystallizing controversial issues and situating them within the field's contemporary debates.

  The book aims to reach newcomers to the field as well as more sophisticated readers who hope to gain a firmer understanding of election law's many nuances, intricacies, and complexities. Unparalleled in the breadth and depth of its coverage, the Handbook is designed to serve as a resource for students, scholars, policymakers, and practitioners.

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  To Whom Should We Attribute a Corporation's Speech?, in States, Firms, and Their Legal Fictions (Melissa J. Durkee ed., 2024)

  Sarah C. Haan

  This volume offers a new point of entry into questions about how the law conceives of states and firms. Because states and firms are fictitious constructs rather than products of evolutionary biology, the law dictates which acts should be attributed to each entity, and by which actors. Those legal decisions construct firms and states by attributing identity and consequences to them. As the volume shows, these legal decisions are often products of path dependence or conceptual metaphors like “personhood” that have expanded beyond their original uses. Focusing on attribution, the volume considers an array of questions about artificial entities that are usually divided into doctrinal siloes. These include questions about attribution of international legal responsibility to states and state-owned entities, transnational attribution of liabilities to firms, and attribution of identity rights to corporations. Durkee highlights the artificiality of doctrines that construct firms and states, and therefore their susceptibility to change.

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  An Introduction to German Law and Legal Culture: Text and Materials (2024)

  Russell A. Miller

  An Introduction to German Law and Legal Culture offers students, comparative law scholars, and practitioners an insightful and innovative survey of the German legal system. While recognizing the significant influence of the Civil Law tradition in the German legal culture, the book also considers other legal traditions – Common Law, Socialist Law, Islamic Law, Adversarial Law, European Law – that are woven into the varied and colorful fabric of the German legal culture. The book provides an informed yet accessible introduction to the foundations of German law as well as to the theory and doctrine of some of the most relevant fields of law: Private Law, Constitutional Law, Administrative Law, Criminal Law, Procedural Law, and European Law. It is an engaging and pluralistic portrayal of one of the world's most interesting, important, and frequently modelled legal systems.

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  Transnational Blame Attribution: The Limits of Using Reputational Sanctions to Punish Corporate Misconduct, in States, Firms, and Their Legal Fictions (Melissa J. Durkee ed., 2024)

  Kishanthi Parella

  This volume offers a new point of entry into questions about how the law conceives of states and firms. Because states and firms are fictitious constructs rather than products of evolutionary biology, the law dictates which acts should be attributed to each entity, and by which actors. Those legal decisions construct firms and states by attributing identity and consequences to them. As the volume shows, these legal decisions are often products of path dependence or conceptual metaphors like “personhood” that have expanded beyond their original uses. Focusing on attribution, the volume considers an array of questions about artificial entities that are usually divided into doctrinal siloes. These include questions about attribution of international legal responsibility to states and state-owned entities, transnational attribution of liabilities to firms, and attribution of identity rights to corporations. Durkee highlights the artificiality of doctrines that construct firms and states, and therefore their susceptibility to change.

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  Catherine Smith, Tanya Washington & Robin Walker Sterling, The Absence of a Unified Theory in Children’s Fourteenth Amendment Jurisprudence, in International Survey of Family Law (Robin Fretwell Wilson & June Carbone eds., 2024)

  Catherine Smith, Tanya Washington, and Robin Walker Sterling

  The 2024 edition of the International Survey continues the celebration of the International Society of Family Law’s (ISFL) fiftieth anniversary. This second of two Jubilee editions begins with memorials to Professor Sanford Katz, a giant in the field of family law, adds reflections on the Society’s history and contributions to the global development of family, and includes retrospectives on 50 years of family law development on topics such as the marriage equality debate, the International Convention on the Rights of the Child, and the distinctive evolution of family law in Brazil, given its colonial heritage, China, with its feudal origins, France, Italy, and Portugal, where the national developments have taken place in dialogue with the European Court of Human Rights, Taiwan, in light of the changing status of women, and the United States, in the context of a federal system that sometimes produces convergence and other times divergence among the fifty states.

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  Citizens United v. Federal Election Commission, in Feminist Judgments: Corporate Law Rewritten (Anne M. Choike et al. eds., 2023)

  Carliss Chatman

  Corporate law has traditionally assumed that men organize business, men profit from it, and men bring cases in front of male judges when disputes arise. It overlooks or forgets that women are dealmakers, shareholders, stakeholders, and businesspeople too. This lack of inclusivity in corporate law has profound effects on all of society, not only on women's lives and livelihoods. This volume takes up the challenge to imagine how corporate law might look if we valued not only women and other marginalized groups, but also a feminist perspective emphasizing the importance of power dynamics, equity, community, and diversity in corporate law. Prominent lawyers and legal scholars rewrite foundational corporate law cases, and also provide accompanying commentary that situates each opinion in context, explains the feminist theories applied, and explores the impact the rewritten opinion might have had on the development of corporate law, business, and society.

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  Public Education: Engaging with Secondary Education in Schools, in International Handbook on Clinical Tax Education (Amy Lawton ed., 2023)

  Michelle Lyon Drumbl

  This chapter will consider the benefits of public education by considering educational outreach projects in secondary schools. Chapter 8 discussed the importance of tax education for young people. Forging relationships with local schools (and, indeed, wider community organisations) is a worthwhile endeavour for any clinical tax education project. In addition to the benefits to university students (covered in more detail in Part III), the community benefits include stronger ties to the local community as well as a contribution to the financial literacy (and tax literacy) of taxpayers.

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  Crossing the River Styx: The Memoir of a Death Row Chaplain (2023)

  Russ Ford, Charles Peppers, and Todd C. Peppers

  The Reverend Russ Ford, who served as the head chaplain on Virginia’s death row for eighteen years, raged against the inequities of the death penalty—now outlawed in Virginia—while ministering to the men condemned to die in the 1980s and 1990s. Ford stood watch with twenty-eight men, sitting with them in the squalid death house during the final days and hours of their lives. In July 1990 he accidentally almost became the 245th person killed by Virginia’s electric chair as he comforted Ricky Boggs in his last moments, a vivid episode that opens this haunting book.

  Many chaplains get to know the condemned men only in these final moments. Ford, however, spent years working with the men of Virginia’s death row, forging close bonds with the condemned and developing a nuanced understanding of their crimes, their early struggles, and their challenges behind bars. His unusual ministry makes this memoir a unique and compelling read, a moving and unflinching portrait of Virginia’s death row inmates. Revealing the cruelties of the state-sanctioned violence that has until recently prevailed in our backyard, Crossing the River Styx serves as a cautionary tale for those who still support capital punishment.

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  White v. Panic, in Feminist Judgments: Corporate Law Rewritten (Anne M. Choike et al. eds., 2023)

  Sarah Haan

  Corporate law has traditionally assumed that men organize business, men profit from it, and men bring cases in front of male judges when disputes arise. It overlooks or forgets that women are dealmakers, shareholders, stakeholders, and businesspeople too. This lack of inclusivity in corporate law has profound effects on all of society, not only on women's lives and livelihoods. This volume takes up the challenge to imagine how corporate law might look if we valued not only women and other marginalized groups, but also a feminist perspective emphasizing the importance of power dynamics, equity, community, and diversity in corporate law. Prominent lawyers and legal scholars rewrite foundational corporate law cases, and also provide accompanying commentary that situates each opinion in context, explains the feminist theories applied, and explores the impact the rewritten opinion might have had on the development of corporate law, business, and society.

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  An Introduction to Law, Law Study, and the Lawyer's Role (4th ed. 2023)

  James E. Moliterno and Frederic Ira Lederer

  This unique book is designed to introduce non-lawyers to what law is and how it is interpreted and made, and to prepare prospective law students for law school. Although primarily intended for those interested in going to law school, it is also very useful for those who simply want a working knowledge of how the American legal system actually works. The text is highly pragmatic, helping the reader understand not just theory but the realities of how law works and what lawyers actually do to assist clients in the real world. To that end, it contains a sample legal problem along with the necessary legal materials to address it and an illustrative answer.

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  The Symbiosis Between International Law and Corporate Governance, in A Research Agenda for Corporate Law (Christopher Bruner & Marc Moore eds., 2023)

  Kish Parella

  Outlining significant dynamics that may pave the way for future evolution in the field of corporate law, this timely Research Agenda explores provocative and cutting-edge developments to identify new directions for scholarly inquiry. Bringing together a diverse group of scholars, the book evaluates doctrinal and normative issues in corporate law from a range of contextual and interdisciplinary viewpoints.

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  Guiding Principle 13: Responsibility of the Business Sector, in The UN Guiding Principles on Business and Human Rights: A Commentary (Barnali Choudhury ed., 2023)

  Kishanthi Parella

  This chapter is a commentary on Principle 13 of the United Nations Guiding Principles on Business and Human Rights (UNGPs). The UNGPs, endorsed by the United Nations Human Rights Council in 2011, are the first universally accepted framework for addressing business responsibilities for human rights. They outline State obligations to protect human rights, businesses’ responsibility to respect human rights, and the importance of both States and businesses offering adequate remedies for human rights breaches.

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  Guiding Principle 14: Nature and Size of the Business Enterprise, in The UN Guiding Principles on Business and Human Rights: A Commentary (Barnali Choudhury ed., 2023)

  Kishanthi Parella

  This chapter is a commentary on Principle 14 of the United Nations Guiding Principles on Business and Human Rights (UNGPs). The UNGPs, endorsed by the United Nations Human Rights Council in 2011, are the first universally accepted framework for addressing business responsibilities for human rights. They outline State obligations to protect human rights, businesses’ responsibility to respect human rights, and the importance of both States and businesses offering adequate remedies for human rights breaches.

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  Guiding Principle 15: Businesses Implementing Policies and Practices, in The UN Guiding Principles on Business and Human Rights: A Commentary (Barnali Choudhury ed., 2023)

  Kishanthi Parella

  This chapter is a commentary on Principle 15 of the United Nations Guiding Principles on Business and Human Rights (UNGPs). The UNGPs, endorsed by the United Nations Human Rights Council in 2011, are the first universally accepted framework for addressing business responsibilities for human rights. They outline State obligations to protect human rights, businesses’ responsibility to respect human rights, and the importance of both States and businesses offering adequate remedies for human rights breaches.

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  U.S. v. Chestman, in Feminist Judgments: Corporate Law Rewritten (Anne M. Choike et al. eds., 2023)

  Karen Woody

  Corporate law has traditionally assumed that men organize business, men profit from it, and men bring cases in front of male judges when disputes arise. It overlooks or forgets that women are dealmakers, shareholders, stakeholders, and businesspeople too. This lack of inclusivity in corporate law has profound effects on all of society, not only on women's lives and livelihoods. This volume takes up the challenge to imagine how corporate law might look if we valued not only women and other marginalized groups, but also a feminist perspective emphasizing the importance of power dynamics, equity, community, and diversity in corporate law. Prominent lawyers and legal scholars rewrite foundational corporate law cases, and also provide accompanying commentary that situates each opinion in context, explains the feminist theories applied, and explores the impact the rewritten opinion might have had on the development of corporate law, business, and society.

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  We Shouldn’t Need Roe, in A War on My Body; A War on My Rights (Paxton Smith et al., 2022)

  Carliss Chatman

  A War on My Body; A War on My Rights is a profoundly personal and collaborative book led by Texas high school Valedictorian Paxton Smith, with contributions from numerous reproductive rights activists and public personalities, including renowned women's rights lawyer Gloria Allred, reproductive and immigrant justice warrior Sadie Hernandez, New York Congresswoman Carolyn B. Maloney, victims rights attorney Judie Saunders and former Texas Senator Wendy Davis. The book will be released on January 22, 2022--49 years after the U.S. Supreme Court ruled to protect a pregnant woman's rights to abortion in the landmark Roe vs. Wade case.

  A riveting, educational, and powerful assemblage from a multitude of global leaders, entertainers, educators, medical and legal professionals spanning several generations and walks of life. A War on My Body; A War on My Rights chronicles the history of abortion rights, its role in gender equality and its cruciality to healthcare infrastructure while offering a mosaic of raw, passionate perspective of the crisis concerning women's reproductive rights and the dire impending consequences should the right to choose wane in the United States and on a global scale. It is a tribute to leadership and advocacy, illuminating the voices of those willing to take a stand on an issue that has long been cloaked in controversy and dishonor.

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  Business Organizations: An Experiential Approach (2022)

  Carliss N. Chatman and Carla L. Reyes

  Business Organizations: An Experiential Approach seeks to prepare students for the bar exam, upper-level business courses, and the realities of business law practice by covering the fundamentals while also exposing students to real-world business law considerations. At heart, the book's approach marries the case study method utilized in business schools with practice documents and traditional doctrinal approaches.

  The text maintains reliance on cases, statutes, and legal summaries, but also includes an equal amount of progressively difficult problems: Q&A, case studies, problems, and chapter capstones. The chapter capstone exercises can be incorporated into the curriculum to create a hybrid doctrinal and skills class, or they can be used for evaluation purposes. The text integrates these methods into the fabric of doctrinal learning, reinforcing student learning and giving students early exposure to the practice of business law.

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  The International Criminal Court and Cultural Property: What Is the Crime?, in The Preservation of Art and Culture in Times of War (Claire Finkelstein et al. eds., 2022)

  Mark A. Drumbl

  Conflict over cultural heritage has increasingly become a standard part of war. Today, systematic exploitation, manipulation, attacks, and destruction of cultural heritage by state and non-state actors form part of most violent conflicts across the world. Such acts are often intentional and based on well-planned strategies for inflicting harm on groups of people and communities. With this increasing awareness of the role cultural heritage plays in war, scholars and practitioners have progressed from seeing conflict-related destruction of cultural heritage as a cultural tragedy to understanding it as a vital national security issue. There is also a shift from the desire to protect cultural property for its own sake to viewing its protection as connected to broader agendas of peace and security. Concerns about cultural heritage have thus migrated beyond the cultural sphere to worries about the protection of civilians, the financing of terrorism, societal resilience, post-conflict reconciliation, hybrid warfare, and the geopolitics of territorial conflicts. This volume seeks to deepen public understanding of the evolving nexus between cultural heritage and security in the twenty-first century. Drawing on a variety of disciplines and perspectives, the chapters in this volume examine a complex set of relationships between the deliberate destruction and misuse of cultural heritage in times of conflict, on the one hand, and basic societal values, legal principles, and national security, on the other.

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  Collaboration and Opportunism in Communist Czechoslovakia, in Collaboration in Authoritarian and Armed Conflict Settings (Juan Espindola & Leigh A. Payne eds., 2022)

  Mark A. Drumbl and Barbora Holá

  Who is the collaborator, or in whose eyes? What is the motivation to collaborate: for material gain, for ideology, for duty? When is collaboration betraying a hated enemy, and when is it something else: personal revenge or an instrumental, rational, or even coerced response to a situation, for example? Why do collaborators meet such harsh punishment and stigma when they are revealed as such? Can they ever atone or find redemption? Beyond the perception of the stakeholders involved, how harmful is collaboration? Does it exacerbate or abate violence? Is it always evil or can it sometimes be seen as mitigating wrongs? The chapters in Collaboration in Authoritarian and Armed Conflict Settings explore these thorny questions through a set of case studies, disciplinary approaches, and temporal and regional contexts. They show the range of the types of collaboration; the ubiquity of collaboration across time, countries, political systems, and political and cultural conflicts.

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  The Developing Narratives of Pandemic Surveillance, in Pandemic Surveillance: Privacy, Security, and Data Ethics (Margaret Hu ed., 2022)

  Joshua A.T. Fairfield

  As the COVID-19 pandemic surged in 2020, questions of data privacy, cybersecurity, and the ethics of surveillance technologies centred an international conversation on the benefits and disadvantages of the appropriate uses and expansion of cyber surveillance and data tracking. This timely book examines and answers these important concerns.