Resource Book on TRIPS and Development

Jury Trials and Plea Bargaining
A True History

Revolution by Judiciary
The Structure of American Constitutional Law

Interpreting State Constitutions
A Jurisprudence of Function in a Federal System


New Acquisitions


 


Resource Book on TRIPS and Development

By UNCTAD-ICTSD

Cambridge University Press, 2005
Call number: K1401.R47 2005




From the Publisher

The Resource Book, conceived as a practical guide to the TRIPS Agreement, provides detailed analysis of each of its provisions, aiming at a sound understanding of WTO Members' rights and obligations. The purpose is to clarify the implications of the Agreement especially highlighting the areas in which the treaty leaves leeway to Members for the pursuit of their own policy objectives, according to their respective levels of development. In doing so, the book does not produce tailor-made prescriptions but gives guidance on the implications of specific issues and on the options available. The book is not limited to the analysis of the TRIPS Agreement but to the consideration of related questions and developments at the national, regional, and international level.

With a special focus on development implications of intellectual property regimes, the text provides a practical guide to every provision of the WTO-TRIPS Agreement, in particular with respect to negotiating history and possible interpretations.

About the Authors
Established in 1964, the United Nations Conference on Trade and Development (UNCTAD) is the organization principally responsible for coordinating UN system activity in the areas of sustainable development, trade, finance, and sustainable development.

Based in Geneva, the International Centre for Trade and Sustainable Development (ICTSD) is a non-governmental organization that seeks to develop a worldwide dialog on issues of trade and sustainable development.

Additional Information Online

 


Jury Trials and Plea Bargaining
A True History
By Michael McConville and Chester L. Mirsky

Oxford; Portland, OR: Hart Publishing, 2005
Call number: KF9223.M33 2005




From the Publisher

This book is a study of the social transformation of criminal justice, its institutions, its method of case disposition and the source of its legitimacy. The text focuses upon the apprehension, investigation and adjudication of indicted cases in New York City’s main trial tribunal in the nineteenth century - the Court of General Sessions. It traces the historical underpinnings of a lawyering culture which, in the first half of the nineteenth century, celebrated trial by jury as the fairest and most reliable method of case disposition and then at the middle of the century dramatically gave birth to plea bargaining, which thereafter became the dominant method of case disposition in the United States.

The book demonstrates that the nature of criminal prosecutions in everyday indicted cases was transformed, from disputes between private parties resolved through a public determination of the facts and law to a private determination of the issues between the state and the individual, marked by greater police involvement and public prosecutorial discretion. As this occurred, the structural purpose of criminal courts changed – from individual to aggregate justice – as did the method and manner of their dispositions - from trials to guilty pleas. Contemporaneously, a new criminology emerged, which was to transform the way in which crime was viewed as a social and political problem. The book, therefore, sheds light on the relationship of the method of case disposition to the means of securing social control of an underclass.

About the Authors
Mike McConville is Professor of Law at the University of Warwick, and a specialist in empirical research in the area of criminal justice in both England and the United States of America. He has conducted studies on issues such as policing, criminal defense services, juries, prosecution services and public defenders.


Emeritus Professor of Clinical Law, Chester L. Mirsky, New York University, has specialized in clinical legal practice and has written widely on American and English procedure and evidence in criminal courts.

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Revolution by Judiciary
The Structure of American Constitutional Law

By Jed Ruebenfeld

Cambridge, MA: Harvard University Press, 2005.
Call number: KF 4550.R83 2005


From the Publisher

Although constitutional law is supposed to be fixed and enduring, its central narrative in the twentieth century has been one of radical reinterpretation--Brown v. Board of Education, Roe v. Wade, Bush v. Gore. What, if anything, justifies such radical reinterpretation? How does it work doctrinally? What, if anything, structures it or limits it?

Jed Rubenfeld finds a pattern in American constitutional interpretation that answers these questions convincingly. He posits two different understandings of how constitutional rights would apply or not apply to particular legislation. One is that a right would be violated if certain laws were passed. The other is that a right would not be violated. He calls the former "Application Understandings" and the latter "No-Application Understandings." He finds that constitutional law has almost always adhered to all of the original Application Understandings, but where it has departed from history, as it did in the Brown decision, it has departed from No-Application Understandings. Specifically, the Fourteenth Amendment did not prohibit racial segregation, so Rubenfeld argues that the Supreme Court had no problem reinterpreting it to prohibit it. It was a No-Application Understanding.

This is a powerful argument that challenges current theories of constitutional interpretation from Bork to Dworkin. It rejects simplistic originalism, but restores historicity to constitutional theorizing.

About the Author
Jed Rubenfeld is Robert R. Slaughter Professor of Law, Yale Law School.


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Interpreting State Constitutions
A Jurisprudence of Function in a Federal System

By James A. Gardner

Chicago: University of Chicago Press, 2005
Call number: KF4552.G37 2005



From the Publisher

Interpreting State Constitutions examines and proposes a solution to a problem central to contemporary debates over the enforcement of civil liberties: how courts, government officials, and lawyers should go about interpreting the constitutions of the American states.

With the Supreme Court's retreat from the aggressive protection of individual rights, state courts have begun to interpret state constitutions to provide broader protection of liberties. This development has reversed the polarity of constitutional politics, as liberals advocate unimpeded state power while conservatives lobby for state subordination to a constitutional law controlled centrally by the Supreme Court.

James A. Gardner here lays out the first fully developed theory of subnational constitutional interpretation. He argues that states are integral components of a national system of overlapping and mutually checking authority and that the purpose of this system is to protect liberty and defend against federal domination. The resulting account provides valuable prescriptive advice to state courts, showing them how to fulfill their responsibilities to the federal system in a way that strengthens American constitutional discourse.

About the Author
James A. Gardner received his B.A. from Yale in 1980 and his J.D. from the University of Chicago in 1984. From 1984 to 1988, he practiced law in the Civil Division of the United States Department of Justice, in Washington, D.C. Before joining the University at Buffalo faculty in 2001, he taught law at Western New England College, William and Mary, and the University of Connecticut.

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Compiled by Bob Menanteaux and Nancy Minton;
Technical Direction Greg Soejima