New at the Law Library!: New Books & Media

"This book will teach you the nuts and bolts you need to be competitive in Mock Trial"

In our digital world, data is power. Information hoarding businesses reign supreme, using intimidation, aggression, and force to maintain influence and control. Sarah Lamdan brings us into the unregulated underworld of these "data cartels", demonstrating how the entities mining, commodifying, and selling our data and informational resources perpetuate social inequalities and threaten the democratic sharing of knowledge. Just a few companies dominate most of our critical informational resources. Often self-identifying as "data analytics" or "business solutions" operations, they supply the digital lifeblood that flows through the circulatory system of the internet. With their control over data, they can prevent the free flow of information, masterfully exploiting outdated information and privacy laws and curating online information in a way that amplifies digital racism and targets marginalized communities. They can also distribute private information to predatory entities. Alarmingly, everything they're doing is perfectly legal. In this book, Lamdan contends that privatization and tech exceptionalism have prevented us from creating effective legal regulation. This in turn has allowed oversized information oligopolies to coalesce. In addition to specific legal and market-based solutions, Lamdan calls for treating information like a public good and creating digital infrastructure that supports our democratic ideals.

Legal scholar Peter M. Shane confronts U.S. presidential entitlement and offers a more reasonable way of conceptualizing our constitutional presidency in the twenty-first century.   In the eyes of modern-day presidentialists, the United States Constitution's vesting of "executive power" means today what it meant in 1787. For them, what it meant in 1787 was the creation of a largely unilateral presidency, and in their view, a unilateral presidency still best serves our national interest. Democracy's Chief Executive challenges each of these premises, while showing how their influence on constitutional interpretation for more than forty years has set the stage for a presidency ripe for authoritarianism.   Democracy's Chief Executive explains how dogmatic ideas about expansive executive authority can create within the government a psychology of presidential entitlement that threatens American democracy and the rule of law. Tracing today's aggressive presidentialism to a steady consolidation of White House power aided primarily by right-wing lawyers and judges since 1981, Peter M. Shane argues that this is a dangerously authoritarian form of constitutional interpretation that is not even well supported by an originalist perspective. Offering instead a fresh approach to balancing presidential powers, Shane develops an interpretative model of adaptive constitutionalism, rooted in the values of deliberative democracy. Democracy's Chief Executive demonstrates that justifying outcomes explicitly based on core democratic values is more, not less, constraining for judicial decision making--and presents a model that Americans across the political spectrum should embrace.

The second edition of this comprehensive Handbook presents new and significantly revised chapters by leading scholars and practitioners in the burgeoning field of international sports law. National, regional and comparative dimensions of sports law are emphasized throughout, exploring a wide range of issues emerging in sports law today. Approaching international sports law through three converging frameworks, this Handbook examines the institutions of international sport, the eligibility rights and protections of athletes, as well as the commercial side of international sport. New topics discussed in this edition include concussions, EU antitrust and other regulation of sport, review of awards by the Court of Arbitration for Sport (CAS), college and university athletics, league and team restrictions on athlete movement, taxation of athletes and sports as cultural heritage. Covering some of the most controversial and cutting-edge issues in international sports law, this timely Handbook will prove invaluable for academics and students of sports law, sports management, international law and comparative law. With a global scope, the Handbook will also prove a vital resource to practicing lawyers, players' agents, senior executives and other professionals within the sports industry.

There is a distinction between a sports lawyer and all other types of practitioners. It requires a deep understanding of the nuances that largely affect athletes, their representatives, and companies providing products and services in the space. It also necessitates an acknowledgment of and ability to effectively communicate and craft relationships with power brokers who may provide financial services, accounting, managerial services, or the like in the specific space. How to Play the Game, by Miami-based attorney and sports agent Darren Heitner, is the go-to source for anyone interested in getting into the field of sports law. It discusses the laws that govern the sports industry, from contract drafting and negotiation to antitrust issues, intellectual property matters, and labor law concerns. It also discusses the role of players' associations, the power of sports commissioners, sports betting regulations, and more. But what makes it truly unique are the real-life case studies involving recognized professional and college sports figures as well as anecdotes from Darren's own experiences as a sports attorney, agent, and media spokesperson for college and professional sports industries. In addition, an appendix contains examples of legal documents--including professional contracts--with which any sports attorney/agent needs to be familiar. In short, if you want to play the game, you need to read How to Play the Game. Praise for the First Edition of How to Play the Game "The subject matter related to Sports Law is immense. Much in the way International Law is hard to nail down, as virtually every area of law is present in the context of International Law, Sports Law is similar and encompasses many practice areas including, but not limited to, contract, tort, estate planning, intellectual property, labor and employment law, anti-trust, family law, criminal law, litigation, negotiation . . . and the list goes on. If you are looking for a summary of all of these practice areas in about 200 pages, I wish you luck finding it. If you are looking for a survey of topics relevant to your Sports Law practice, with small case studies to provide practical examples of issues you may encounter, then Darren has provided just that for you in his book How to Play the Game: What Every Sports Attorney Needs to Know. One builds a Sports Law practice, or any law practice, one brick at a time. This book is one brick, use it, and others, to build a strong foundation for your practice." --Attorney Alexander Scott Dennison "Mr. Heitner has set the bar with his work. This book is without a doubt the definitive go to piece in the industry. The in-depth knowledge, analysis and factual statements are 100% on-point. Every university with a Sports and/or Entertainment Law/ Management program should make How to Play the Game a mandatory read." --Travis Bell, Founder and CEO of The Seven Bridges Group

A critical analysis of the transformation of constitutionalism from an increasingly irrelevant theory of limited government into the most influential philosophy of governance in the world today. Constitutionalism is universally commended because it has never been precisely defined. Martin Loughlin argues that it is not some vague amalgam of liberal aspirations but a specific and deeply contentious governing philosophy. An Enlightenment idea that in the nineteenth century became America's unique contribution to the philosophy of government, constitutionalism was by the mid-twentieth century widely regarded as an anachronism. Advocating separated powers and limited government, it was singularly unsuited to the political challenges of the times. But constitutionalism has since undergone a remarkable transformation, giving the Constitution an unprecedented role in society. Once treated as a practical instrument to regulate government, the Constitution has been raised to the status of civil religion, a symbolic representation of collective unity. Against Constitutionalism explains why this has happened and its far-reaching consequences. Spearheaded by a "rights revolution" that subjects governmental action to comprehensive review through abstract principles, judges acquire greatly enhanced power as oracles of the regime's "invisible constitution." Constitutionalism is refashioned as a theory maintaining that governmental authority rests not on collective will but on adherence to abstract standards of "public reason." And across the world the variable practices of constitutional government have been reshaped by its precepts. Constitutionalism, Loughlin argues, now propagates the widespread belief that social progress is advanced not through politics, electoral majorities, and legislative action, but through innovative judicial interpretation. The rise of constitutionalism, commonly conflated with constitutional democracy, actually contributes to its degradation.