New Books - Fall 2005, List 2

Affirmative Action is Dead; Long Live Affirmative Action
by Faye J. Crosby
New Haven: Yale University Press, 2004

HF5549.5.A34C76 2004
Shelved in New Books first then at call number location

From Yale University Press:
Americans still argue over the merits of affirmative action. This important book explains why. Affirmative action is a much-debated policy, in employment as well as in education, in the Supreme Court as well as on the street. Yet as this book shows, affirmative action is both sensible and effective, differing little from many other government programs that evoke no controversy. Why don’t Americans wholeheartedly support affirmative action?

In this timely and accessible book, Faye J. Crosby analyzes several different explanations offered by social scientists to answer this important question. Some explanations suggest that opposition stems from a belief that affirmative action functions as a governmentally sanctioned form of reverse racism or sexism, or that it is ineffective or socially disruptive. Other explanations locate the problem in the ignorance or prejudice of the people who oppose the policy.

Crosby concludes by offering a different explanation, proposing that the American failure to endorse wholeheartedly what is a fair and effective policy arises, ironically, from Americans’ infatuation with justice. Smitten with the concept of merit, says Crosby, we are perturbed by a policy that invites us to recognize the complications of social justice.

Faye J. Crosby is professor of psychology at the University of California, Santa Cruz. She is the author of many books and articles, including Justice, Gender and Affirmative Action, and Affirmative Action: The Pros and Cons of Policy and Practice. She also contributed to the preparation of one of the amicus briefs for the recent Supreme Court cases about affirmative action.

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Foundations of Economic Analysis of Law
by Steven Shavell
Cambridge. Mass.: Belknap Press
of Harvard University Press, 2004

K487.E3S53 2004 Basement
Shelved in New Books first, then at call number location

From Harvard University Press:
What effects do laws have? Do individuals drive more cautiously, clear ice from sidewalks more diligently, and commit fewer crimes because of the threat of legal sanctions? Do corporations pollute less, market safer products, and obey contracts to avoid suit? And given the effects of laws, which are socially best? Such questions about the influence and desirability of laws have been investigated by legal scholars and economists in a new, rigorous, and systematic manner since the 1970s. Their approach, which is called economic, is widely considered to be intellectually compelling and to have revolutionized thinking about the law.

In this book Steven Shavell provides an in-depth analysis and synthesis of the economic approach to the building blocks of our legal system, namely, property law, tort law, contract law, and criminal law. He also examines the litigation process as well as welfare economics and morality. Aimed at a broad audience, this book requires neither a legal background nor technical economics or mathematics to understand it. Because of its breadth, analytical clarity, and general accessibility, it is likely to serve as a definitive work in the economic analysis of law.

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Pro Bono in Principle and in Practice: Public Service and the Professions
by Deborah L. Rhode
Stanford, Calif.: Stanford Law and Politics, 2005

KF336.R486 2005 Third Floor
Shelved in New Books first, then at call number location

From Standford University Press:
This book explores the aspirational principles and actual practices concerning lawyers’ pro bono service. It begins from the premise that both the profession and the public have much to gain from reducing the gap between ideals and institutions. To that end, the book provides the first broad-scale study of the factors that influence American lawyers’ pro bono work, including an original empirical survey of over 3,000 lawyers. Attention is focused on the workplace factors and law school experiences that encourage charitable public interest activities. The book also includes the first comparative study of public service by looking at volunteer work by other professionals and by lawyers in other countries.

Part I of the book explores the literature on altruistic commitments among the public in general, and lawyers in particular. Part II traces the evolution of attorneys’ pro bono responsibilities. Part III presents findings of the empirical survey. Part IV draws on these findings, together with prior research, to propose strategies for increasing and improving lawyers’ pro bono activity.

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Red Flags: A Lawyer's Handbook on Legal Ethics
by Lawrence J. Fox and Susan R. Martyn
Philadelphia, PA : American Law Institute-American Bar Association, 2005

KF306.F69 2005 Third Floor
Shelved in New Books first, then at call number location

From ALI-ABA:
Rather than marching theoretically through the various rules of professional conduct, this book approaches ethics from your perspective:

• Can I represent husband and wife in their divorce? To draft their wills?

• What do I do with the fax the other side, unknowingly, just sent me? Must I ask my client?

• I think I just gave bad advice to the guy working out on the next treadmill. What do I do?

• The judge just made a mistake; he thinks my guy client has no priors. Must I tell him?

Clear, concise, authoritative, and easy to use, Red Flags: A Lawyer’s Handbook On Legal Ethics is a crucial tool for all lawyers.

Much of a lawyer’s ethical and professional responsibility can be reduced to the "4 C’s": Communication • Competence • Confidentiality • Conflicts of interest

If you think that sounds simple, you’re right—it does sound simple. In practice, of course, it’s much more complicated – complicated, but absolutely necessary for the busy practitioner to comprehend. And that’s where this new book really shines.

Lawrence J. Fox is a Partner and former Managing Partner at Drinker Biddle & Reath LLP in Philadelphia. Mr. Fox is a trial lawyer specializing in securities litigation and the representation of lawyers. He is an adjunct professor at The Law School of the University of Pennsylvania teaching professional responsibility.

Susan R. Martyn is the Stoepler Professor of Law and Values at the University of Toledo College of Law, where she has taught legal ethics, bioethics, and torts for 25 years. Professor Martyn has written more than 30 articles in law reviews and interdisciplinary journals about issues of legal and bioethics

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