Legal Research

This Week's Highlighted Acquisitions

Burton, Steven J. Elements of contract interpretation.
Oxford ; New York, N.Y. : Oxford University Press, c2009. Call number: KF801 .B874 2009

Publisher?s Description:
Unclear contracts are common, and a large number of litigated cases in the U.S. require clarification of the parties' agreement. The process of clarifying an unclear contract involves three legal tasks. A judge must first identify the terms to be interpreted, then must determine whether the terms are ambiguous and encompass the rival interpretations advanced by the parties. Finally, if the terms are ambiguous, a finder of fact must resolve the ambiguity by choosing between the rival interpretations. Performing these tasks often involves the question of what evidence may be considered. Further, the courts may decide contract interpretation issues based on the agreement's literal terms, or the parties' objective or subjective intentions.

Steven J. Burton's undertaking in Elements of Contract Interpretation is a comprehensive treatment of these issues. By identifying the concrete and legally provable elements that contract interpreters may use, he has written an invaluable resource for both practitioners and scholars alike. This book also proposes an optimal law of contract interpretation for the courts' consideration.

Wigfall Robinson, Mildred and Richard J. Bonnie, eds. Law touched our hearts : a generation remembers Brown v. Board of Education.
Nashville : Vanderbilt University Press, c2009. Call number: LC212.52 .L39 2009

Publisher?s Description:
In February 1954, President Eisenhower invited Chief Justice Warren to dinner at the White House. Among the guests were well-known opponents of school desegregation. During that evening, Eisenhower commented to Warren that "law and force cannot change a man's heart." Three months later, however, the Supreme Court handed down its unanimous decision in Brown, and the contributors to this book, like people across the country, were profoundly changed by it, even though many saw almost nothing change in their communities.

What Brown did was to elevate race from the country's dirty secret to its most urgent topic of conversation. This book stands alone in presenting, in one source, stories of black and white Americans, men and women, from all parts of the nation, who were public school students during the years immediately after Brown. All shared an epiphany. Some became aware of race and the burden of racial separation. Others dared to hope that the yoke of racial oppression would at last be lifted.

The editors surveyed 4750 law professors born between 1936 and 1954, received 1000 responses, and derived these forty essays from those willing to write personal accounts of their childhood experiences in the classroom and in their communities. Their moving stories of how Brown affected them say much about race relations then and now. They also provide a picture of how social change can shape the careers of an entire generation in one profession.

Full post as published by LexLibris on March 13, 2009 (boomark / email).