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Cases and Materials on Discovery Practice in the Federal Courts, 3rd Edition
Stephen Donweber
This new edition of Cases and Materials on Discovery Practice in the Federal Courts contains detailed analysis of the 2015 amendments to the Federal Rules of Civil Procedure as they pertain to discovery. This edition also includes a sampling of the latest cases on proportionality, discovery of social media information, discovery from mobile devices, and the preservation of ESI and the imposition of sanctions under new Rule 37(e). *** Discovery is the voluntary exchange of information between the parties during the course of litigation. It is commonly accepted now, but it is not an ancient practice by any means. Rather, it is only since 1938, with the adoption of the Federal Rules of Civil Procedure, that there has been liberal discovery in the federal courts. Prior to that time, discovery in the federal courts was severely limited, and, even as the federal rules were being drafted in the mid-1930s, many members of the bench and bar very much wanted to keep it that way. They feared (perhaps rightly) that any liberalization of discovery would result in the proliferation of the much dreaded "fishing expedition," where a party was permitted to poke around willy-nilly in the opposing party's files. Indeed, the "fishing expedition" bugaboo had haunted the profession for generations, effectively preventing any loosening of the restrictions on discovery. The problem, however, for the anti-"fishing expedition" crowd at least, was that the structure of the new rules almost mandated liberal discovery. It was a major goal of the rules' drafters to shift the pleadings phase of the litigation away from the establishment of facts and the narrowing of issues (as had been the purposes of the pleadings at common law) toward the simple provision of "notice" of the parties' claims and defenses. This shift had profound ramifications. As the new rules restricted the pleadings to the narrow role of providing notice, there arose the need for another mechanism to facilitate factual development and narrowing of issues. The mechanism the drafters chose was liberal discovery, and it was to be controlled by Rules 26-37.
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Federal Civil Practice, 2016 Edition
Stephen Donweber
Knowledge of the Federal Rules of Civil Procedure is essential for any federal litigator. Federal Civil Practice takes a step-by-step approach to federal practice, discussing the intricacies of federal civil procedure and providing key insights on applicable rules. Understanding the timeline of a case in this manner is vital for all litigators. Indeed, the only way to be proactive, rather than simply reactive, in litigating a case is to know what is going to happen in the next stage, and in the next stage after that, and so on. When you know what's going to happen next, you can plan your strategy and tactics more effectively. Planning how to litigate a case is just as important as actually litigating it. Federal Civil Practice goes beyond simple explanations of the Federal Rules of Civil Procedure and helps you plan your litigation strategy and tactics.
Even before a complaint is filed, the Federal Rules play a significant role in litigation. Federal Civil Practice helps you understand the "Preliminary Considerations' you should think about prior to filing, such as conducting an investigation pursuant to Rule 11, choosing a forum, and conducting legal research. Federal Civil Practice also discusses "Key Details" which are seemingly small, but nevertheless important, as well as pre-trial conferences, discovery practice, and summary judgment. Federal Civil Practice will benefit new and seasoned attorneys alike.
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Cases and Materials on Employment Law, the Field as Practiced, 5th ed.
Samuel Estreicher, Michael Harper, and Elizabeth Tippett
Coauthored by two reporters from the recently released Restatement on Employment Law and Professor Tippett from the University of Oregon, this casebook covers topics of critical interest to future practitioners. It introduces the concept of employment-at-will, and contractual and tort-based exceptions. It provides an overview of employment discrimination law. This casebook also includes a major chapter on wage and hour law, as well as chapters on workplace injuries and employee benefits. A chapter on privacy reflects recent legislative initiatives at the state level and an analysis of electronic intrusions by the employer.
Interspersed throughout are excerpts from the Restatement of Employment Law and “Practitioner Perspectives,” in which leading practitioners describe their day-to-day work and area of specialization. Cases are accompanied by notes that test a student’s basic understanding of the material (labeled “Test Your Understanding of the Material”), as well as informative notes providing context. -
Gay Rights and the Constitution
James E. Fleming, Linda C. McClain, Stephen Macedo, and Sotirios A. Barber
Considerably shorter than other casebooks, this accessible and engaging title focuses on the controversies over constitutional interpretation leading up to the United States Supreme Court's holdings in Lawrence v. Texas (2003) and Obergefell v. Hodges (2015): namely, that the Constitution's commitments to liberty and equal protection encompass rights of same-sex intimacy and marriage. It also takes up emerging conflicts between protection of constitutional rights for gay men and lesbians, on the one hand, and First Amendment claims of freedom of association and religious liberty by persons who oppose protection of such rights, on the other. This book will be suitable as either the basic text of a one-semester course or as a supplementary text for courses in civil liberties.
With five original scholarly essays written by esteemed constitutional scholars, this book looks beyond judicial doctrine and asks whether the current constitutional status of gay rights is consistent with principles that trace back to the American Founding and the Civil War Amendments and that continue to animate American politics. -
The Regulation of Money Managers: Mutual Funds and Advisors, 3rd ed.
Tamar Frankel and Arthur B. Laby
Widely regarded as the most comprehensive and penetrating analysis of the regulation surrounding investment advisers and companies, The Regulation of Money Managers, Third Edition provides unsurpassed guidance for legal counsel in the field.
Newly revised in a four-volume looseleaf format, The Regulation of Money Managers, Third Edition keeps you up-to-date with all significant new and proposed SEC rules, no-action letters, and interpretive releases, as well as important cases and relevant regulation from other agencies. The Third Edition adds three new chapters on compliance, exchange-traded funds, and the extraterritorial regulation of investment advisers and investment companies.
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Cases and Materials on Employment Discrimination and Employment Law: The Field as Practiced, 5th ed.
Michael Harper, Samuel Estreicher, and Elizabeth Tippett
Coauthored by two reporters from the recently released Restatement on Employment Law and Professor Tippett from the University of Oregon, this casebook provides considerable flexibility for an instructor teaching employment discrimination law, employment law, or a combination of both topics. It includes an in-depth treatment of Title VII, the ADA, and the ADEA, as well as a new chapter on discrimination against sexual minorities. It introduces the concept of employment-at-will, and contractual and tort-based exceptions. This casebook also provides an overview of laws relating to workplace injuries and employee benefits, as well as chapters on wage and hour law and employee classification or misclassification. It also includes a chapter on employee duties to the employer. A chapter on privacy reflects recent legislative initiatives at the state level, and an analysis of electronic intrusions by the employer.
Interspersed throughout are excerpts from the Restatement of Employment Law and “Practitioner Perspectives,” in which leading practitioners describe their day-to-day work and area of specialization. Cases are accompanied by notes that test a student’s basic understanding of the material (labeled “Test Your Understanding of the Material”), as well as informative notes providing context. -
Cases and Materials on Employment Discrimination: The Field as Practiced, 5th ed.
Michael Harper, Samuel Estreicher, and Elizabeth Tippett
Coauthored by two reporters from the recently released Restatement on Employment Law and Professor Tippett from the University of Oregon, this casebook provides rigorous coverage of all major areas of employment discrimination law. It includes chapters examining disparate treatment and disparate impact under Title VII and the ADEA. The casebook covers sex discrimination in depth, and includes a new chapter on discrimination against sexual minorities. A separate chapter is devoted to the ADA and the duty of reasonable accommodation. The casebook also examines religious discrimination, affirmative action, and retaliation for the assertion of statutory rights.
Interspersed throughout are excerpts from the Restatement of Employment Law and “Practitioner Perspectives,” in which leading practitioners describe their day-to-day work and area of specialization. Cases are accompanied by notes that test a student’s basic understanding of the material (labeled “Test Your Understanding of the Material”), as well as informative notes providing context. -
Tort Law: A Modern Perspective
Keith Hylton
Tort Law: A Modern Perspective is an advanced yet accessible introduction to tort law for lawyers, law students, and others. Reflecting the way tort law is taught today, it explains the cases and legal doctrines commonly found in casebooks using modern ideas about public policy, economics, and philosophy. With an emphasis on policy rationales, Tort Law encourages readers to think critically about the justifications for legal doctrines. Although the topic of torts is specific, the conceptual approach should pay dividends to those who are interested broadly in regulatory policy and the role of law. Incorporating three decades of advancements in tort scholarship, Tort Law is the textbook for modern torts classrooms.
- Completely up to date with developments in modern tort law
- Introduces students to analytical tools such as cost-benefit analysis, basic game theory, and present value calculations
- Develops critical thinking skills through nuanced discussion of policy rationales
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Federal Administrative Law, 7th ed.
Gary Lawson
This casebook emphasizes current doctrine and its historical evolution in exploring the four basic foundations of federal administrative law: separation of powers, statutorily- and constitutionally-required procedures for agency adjudication and rulemaking, scope of judicial review of agency action, and the availability and timing of judicial review. The book concentrates on federal rather than state administrative law in order to provide the fundamental knowledge and concepts necessary to understand the subject, on the belief that an understanding of federal law can be translated into other settings. The book also maintains the straightforward organization and don’t-hide-the-ball presentation that has characterized the book since its inception. The Seventh Edition contains five new principal cases, eight major new note cases, ten shorter new note cases, and updated treatments of all major topics. It also includes a revised Chapter I that includes an extended treatment of statutory interpretation to accommodate the increasing inclusion of Administrative Law in the first-year curriculum.
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Blinding as a Solution to Bias: Strengthening Biomedical Science, Forensic Science, and Law
Christopher Robertson and Aaron S. Kesselheim
What information should jurors have during court proceedings to render a just decision? Should politicians know who is donating money to their campaigns? Will scientists draw biased conclusions about drug efficacy when they know more about the patient or study population? The potential for bias in decision-making by physicians, lawyers, politicians, and scientists has been recognized for hundreds of years and drawn attention from media and scholars seeking to understand the role that conflicts of interests and other psychological processes play. However, commonly proposed solutions to biased decision-making, such as transparency (disclosing conflicts) or exclusion (avoiding conflicts) do not directly solve the underlying problem of bias and may have unintended consequences. Robertson and Kesselheim bring together a renowned group of interdisciplinary scholars to consider another way to reduce the risk of biased decision-making: blinding. What are the advantages and limitations of blinding? How can we quantify the biases in unblinded research? Can we develop new ways to blind decision-makers? What are the ethical problems with withholding information from decision-makers in the course of blinding? How can blinding be adapted to legal and scientific procedures and in institutions not previously open to this approach? Fundamentally, these sorts of questions—about who needs to know what—open new doors of inquiry for the design of scientific research studies, regulatory institutions, and courts. The volume surveys the theory, practice, and future of blinding, drawing upon leading authors with a diverse range of methodologies and areas of expertise, including forensic sciences, medicine, law, philosophy, economics, psychology, sociology, and statistics.
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Foreign Affairs Federalism: The Myth of National Exclusivity
Robert D. Sloane and Michael J. Glennon
Challenging the myth that the federal government exercises exclusive control over U.S. foreign-policymaking, Michael J. Glennon and Robert D. Sloane propose that we recognize the prominent role that states and cities now play in that realm. Foreign Affairs Federalism provides the first comprehensive study of the constitutional law and practice of federalism in the conduct of U.S. foreign relations. It could hardly be timelier. States and cities recently have limited greenhouse gas emissions, declared nuclear free zones and sanctuaries for undocumented immigrants, established thousands of sister-city relationships, set up informal diplomatic offices abroad, and sanctioned oppressive foreign governments. Exploring the implications of these and other initiatives, this book argues that the national interest cannot be advanced internationally by Washington alone. Glennon and Sloane examine in detail the considerable foreign affairs powers retained by the states under the Constitution and question the need for Congress or the president to step in to provide "one voice" in foreign affairs. They present concrete, realistic ways that the courts can update antiquated federalism precepts and untangle interwoven strands of international law, federal law, and state law. The result is a lucid, incisive, and up-to-date analysis of the rules that empower-and limit-states and cities abroad.
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Bankruptcy and Corporate Reorganization, Legal and Financial Materials, 4th ed.
Fred Tung and Mark J. Roe
This casebook for a basic bankruptcy course takes a deal-oriented finance approach to bankruptcy, with a focus on business bankruptcy. The student will not only learn the major elements of bankruptcy and corporate reorganization in chapter 11 of the Bankruptcy Code, but also the major facets of bankruptcy that influence financing transactions. The hidden message behind these materials is how to understand complex financial deal-making and how to integrate finance with law, in the context of bankruptcy.
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When God is Not Green: A World-wide Journey to Places Where Religious Practice and Environmentalism Collide
Jay Wexler
In this lively, round-the-world trip, law professor and humorist Jay Wexler explores the intersection of religion and the environment.
Did you know that- In Hong Kong and Singapore, Taoists burn paper money to appease “hungry ghosts,” filling the air with smoke and dangerous toxins?
- In Mumbai, Hindus carry twenty-foot-tall plaster of Paris idols of the elephant god Ganesh into the sea and leave them on the ocean floor to symbolize the impermanence of life, further polluting the scarce water resources of western India?
- In Taiwan, Buddhists practicing “mercy release” capture millions of small animals and release them into inappropriate habitats, killing many of the animals and destroying ecosystems?
- In Central America, palm frond sales to US customers for Palm Sunday celebrations have helped decimate the rain forests of Guatemala and southern Mexico?
- In New York, Miami, and other large US cities, Santeria followers sprinkle mercury in their apartments to fend off witches, poisoning those homes for years to come?
- In Israel, on Lag B’omer, a holiday commemorating a famous rabbi, Jews make so many bonfires that the smoke can be seen from space, and trips to the emergency room for asthma and other pulmonary conditions spike?
Law professor and humorist Jay Wexler travels the globe in order to understand the complexity of these problems and learn how society can best address them. He feasts on whale blubber in northern Alaska, bumps along in the back of a battered jeep in Guatemala, clambers down the crowded beaches of Mumbai, and learns how to pluck a dead eagle in Colorado, all to answer the question “Can religious practice and environmental protection coexist?”
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Contemporary Family Law, 4th ed.
Douglas E. Abrams, Naomi R. Cahn, Catherine J. Ross, David D. Meyer, and Linda C. McClain
In the fourth edition, all 17 chapters are fully updated to reflect the latest family law developments. Developments based on Obergefell v. Hodges are treated fully throughout the new edition.
This popular family law casebook engages students with the significant changes to the American family and the corresponding evolution of family law doctrine and policy. The book emphasizes that contemporary families take a variety of forms, including marital and nonmarital relationships, and that constitutional considerations play an increasingly important role in family law. The fourth edition preserves and builds on the approach of the earlier editions: presenting core substantive family law doctrine while also exploring ongoing and emerging policy debates and discussing the importance of cross-disciplinary collaborations with experts in fields such as psychology and accounting. The book introduces the myriad issues central to family law practice and to a lawyer’s ethical and professional responsibilities. New cases have been substituted where appropriate, and the notes following each lead case, statute or article have been thoroughly updated. In addition, new Problems expand the number of opportunities for actively engaging students.
Contemporary Family Law highlights the issues of professional and ethical responsibility that arise in family law, not only by using Problems that invite students to engage in role playing, but also by devoting separate chapters to legal ethics, alternative dispute resolution, and private ordering. While providing a grounding in the historical and contemporary regulation of marriage, the book also devotes chapters to nonmarital couples and to establishing parenthood. The book also emphasizes concrete aspects of legal practice and professional responsibility by, for example, including material at the end of the first chapter on shifting paradigms within family law practice and the roles of family lawyers, by addressing jurisdictional issues in one integrated chapter, and by presenting problems for discussion in each chapter that enable students to apply doctrine in real-life settings that lawyers face.
Moreover, because child custody arrangements lead to some of the most acrimonious family disputes, this casebook devotes two chapters to custody: the first treats the initial custody decision, and the second explores continuing litigation concerning visitation, custody, and key childrearing decisions after the initial disposition, including disputes involving third parties such as cohabitants and grandparents. Both custody chapters include disputes involving nonmarital children.
New and expanded material in the fourth edition includes full treatment of Obergefell v. Hodges (2015), the Supreme Court’s ruling on the fundamental right of same-sex couples to marry and to have every state recognize their marriage, and its ramifications throughout family law. This edition has added a separate chapter on nonmarital couples, including a section on domestic partnerships, civil unions, and other legal statuses in the wake of Obergefell; extensive coverage of debt and family finances, reflecting the current economic climate, as well as new material on how taxes affect families; substantially updated discussion of the impact of gender in child custody decisions and the current legal status of shared parenting; an expanded Section on the Hague Convention; detailed discussion of new and emerging reproductive technologies; and major revisions to the chapter on child support (including recent data on the central role of child support in low-income families). The chapter on private ordering integrates the new Uniform Premarital and Marital Agreements Act. -
Out of Place, Out of Time: Refugees, Rights and the (Re)Making of Palestine/Israel
Susan Akram and Terry Rempel
Forced displacement is one of the primary and most visible consequences of the conflict over Palestine/Israel. In this much needed book, Susan M Akram and Terry Rempel examine the role of law and politics in the creation and resolution of one of the largest and most protracted refugee situations in the world today.
The authors review the historical and political background to Palestinian displacement, the situation of refugees in exile and efforts to resolve the issue over more than six decades. Drawing on years of research and advocacy, they examine the legal framework and related state practice governing solutions for refugees worldwide. They also consider the collective and individual rights involved in the Palestinian case and options for solutions from the perspective of global precedent and comprehensive plans of action implemented in comparative mass refugee flows. -
Administrative Law: Cases and Materials, 7th ed.
Jack Beermann, Colin S. Diver, Ronald A. Cass, and Jody Freeman
This outstanding author team presents administrative law as a vital force in policymaking, law enactment, and politics.
Look for these key features of the new edition:
• Addition of important new cases on recess appointments, Chevron Step Two, “Seminole Rock” deference, occupational licensing, and FOIA Exemption 2
• Substantial enrichment of materials on formal adjudication under the APA
• Splitting of the policymaking chapter into two chapters (choice of policymaking instruments and rulemaking) for greater clarity and teaching flexibility
• Updating and streamlining of the materials on licensing
• Presentation of important classic and secondary cases in squib format
• Substantial streamlining, condensing, and reorganizing of background notes -
Cases and Materials on Discovery Practice in the Federal Courts, 2nd Edition
Stephen Donweber
This is a casebook on discovery practice in the federal courts. It is designed for classroom use in law school. The book begins with the History of Discovery, followed by an Introduction to the Federal Rules Regarding Discovery, the Scope of Discovery, Methods of Discovery, Electronic Discovery, and Discovery Abuse and Sanctions. Because the book is designed for use in the classroom, I rely heavily on cases, other primary authority, advisory committee notes, brief excerpts from secondary sources, and the rules themselves. Each case or other authority is preceded by a note where I try to guide the reader with back-ground or questions that I hope highlight the most important aspects of the reading. The book also contains in-depth discussion of the 2015 amendments to the discovery rules.
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Federal Civil Practice
Stephen Donweber
Knowledge of the Federal Rules of Civil Procedure is essential for any federal litigator. Federal Civil Practice takes a step-by-step approach to federal practice, discussing the intricacies of federal civil procedure and providing key insights on applicable rules. Understanding the timeline of a case in this manner is vital for all litigators. Indeed, the only way to be proactive, rather than simply reactive, in litigating a case is to know what is going to happen in the next stage, and in the next stage after that, and so on. When you know what's going to happen next, you can plan your strategy and tactics more effectively. Planning how to litigate a case is just as important as actually litigating it. Federal Civil Practice goes beyond simple explanations of the Federal Rules of Civil Procedure and helps you plan your litigation strategy and tactics.
Even before a complaint is filed, the Federal Rules play a significant role in litigation. Federal Civil Practice helps you understand the "Preliminary Considerations" you should think about prior to filing, such as conducting an investigation pursuant to Rule 11, choosing a forum, and conducting legal research. Federal Civil Practice also discusses "Key Details" which are seemingly small, but nevertheless important, as well as pre-trial conferences, discovery practice, and summary judgment. Federal Civil Practice will benefit new and seasoned attorneys alike.
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Restatement of the Law Third, Employment Law
Samuel Estreicher, Matthew T. Bodie, Michael Harper, and Stewart J. Schwab
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Fidelity to Our Imperfect Constitution: For Moral Readings and Against Originalisms
James E. Fleming
In recent years, some have asked "Are we all originalists now?" and many have assumed that originalists have a monopoly on concern for fidelity in constitutional interpretation. In Fidelity to Our Imperfect Constitution, James Fleming rejects originalisms-whether old or new, concrete or abstract, living or dead. Instead, he defends what Ronald Dworkin called a "moral reading" of the United States Constitution, or a "philosophic approach" to constitutional interpretation. He refers to conceptions of the Constitution as embodying abstract moral and political principles-not codifying concrete historical rules or practices-and of interpretation of those principles as requiring normative judgments about how they are best understood-not merely historical research to discover relatively specific original meanings. Through examining the spectacular concessions that originalists have made to their critics, he shows the extent to which even they acknowledge the need to make normative judgments in constitutional interpretation. Fleming argues that fidelity in interpreting the Constitution as written requires a moral reading or philosophic approach. Fidelity commits us to honoring our aspirational principles, not following the relatively specific original meanings (or original expected applications) of the founders. Originalists would enshrine an imperfect Constitution that does not deserve our fidelity. Only a moral reading or philosophic approach, which aspires to interpret our imperfect Constitution so as to make it the best it can be, gives us hope of interpreting it in a manner that may deserve our fidelity.
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Investment Management Regulation, 5th ed.
Tamar Frankel and Kenneth E. Burdon
Investment companies and investment advisory services have become a significant part of the financial system. They host and manage most of the retirement assets in this country and have spread their services abroad as well. This case book is designed to prepare students to practice in this area, including sensitizing students to the possible changes in money management and the legal adjustments to these changes.
This book deals with the laws governing investment companies: their creation, structure, corporate governance, operations (including the distribution of shares and the management of the portfolios) and dissolution. In particular, this case book focuses on new structures that have evolved in this area, such as ETFs and money market funds.
The purpose of this book is to prepare students, and lawyers who are not familiar with the subject area, to provide effective advice. In addition, it focuses on practicing in this area before the Securities and Exchange Commission.
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Labor Law: Cases, Materials, and Problems, 8th ed.
Michael Harper, Samuel Estreicher, and Kati Griffith
A rigorous, analytical, modern, and practical approach to the issues and challenges of labor law and labor policy.
Key Features of the New Edition
- Includes the most significant developments since the publication of the previous edition.
- An up-to-date rendering of new developments, including a new chapters on immigration and labor law and cross-border labor law
- Inclusion of recent decisions of the Obama Board and discussion of unresolved questions, such as the scope of joint employment and status of worker centers
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Copyright in a Global Information Economy, 4th ed.
Maureen O'Rourke, Julie E. Cohen, Lydia Pallas Loren, and Ruth L. Okediji
Copyright in a Global Information Economy explores the full range of copyright law and its relationship to technological innovations and globalization. Written with precision and clarity, this ambitious yet manageable casebook elucidates the fundamental disputes of copyright law with incisive and balanced perspective. The book features comprehensive coverage of domestic and international copyright law, a balanced treatment of controversial issues, as well as a wide selection of concisely edited cases, engaging and practical examples and discussions, and photographs that facilitate and stimulate discussion of cases.
Key Features of the New Edition
- Reorganization of materials on the copyright owner s exclusive rights
- New section on copyright due diligence, licensing, and litigation
- Updated, streamlined notes and questions
- Practice exercises designed to engage students from a variety of perspectives including advocacy, client counseling, and legislative Drafting
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International Commercial Arbitration: Cases, Materials and Notes on the Resolution of International Business Disputes, 2nd ed.
William Park, W. Michael Reisman, W. Laurence Craig, and Jan Paulsson
International Commercial Arbitration tracks every phase of the international commercial arbitral process, including designing arbitration agreements, jurisdictional issues, policies with respect to arbitrability, choosing arbitrators, arbitral proceedings, professional ethics of arbitrators and counsel, conflicts of interest, control mechanisms, and enforcement of awards.
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Tuttle in the Balance: A Novel
Jay Wexler
Like many men his age, Ed Tuttle is having a mid-life crisis. He is bored with his job, uncertain about his faith, and unable to find love in the wake of divorce. Unlike most other men his age, however, Ed Tuttle is a justice on the United States Supreme Court.
As the swing vote in one of the most contentious terms in recent memory, Justice Tuttle holds the future of the nation in his hands, a tall order for someone who can barely make it through a weekend without making a monumental life mistake.
In this hilarious and poignant debut novel, Jay Wexler—law professor, humor writer, and former law clerk to Justice Ruth Bader Ginsburg—reminds us that power is wielded by real, often emotionally fragile people and that nobody, regardless of how successful, powerful, rich, intelligent, lucky, or influential they may be, is immune from the feelings of restlessness, doubt, and anxiety that are inherent in living in the modern world. -
Still Waiting for Tomorrow: The Law and Politics of Unresolved Refugee Crises
Susan Akram and Tom Syring
This book focuses on the common features of protracted refugee situations. It is a critical examination of the reasons underlying the extended nature of those crises, as well as potential solutions to them.
The book addresses war and armed conflict, environmental change and natural disasters, statelessness and protection gaps, among other elements, as common origins of refugee crises. It analyzes the root causes of some of the longest-standing unresolved refugee situations in the world today (including, but not limited to, the cases of Palestinians, Sahrawis, and Tibetans), addressing the particular political and legal tensions undermining solutions to them.
The book comprises contributions from some of the leading scholars and practitioners in the field of international refugee, human rights and humanitarian law, and international relations. -
Making Tax Law
Daniel M. Berman and Victoria J. Haneman
This book explores the process of making U.S. tax law and examines the ways in which considerations of tax policy, tax politics, and tax administration intersect and contribute to the development of law through the legislative process, the promulgation of regulations and other administrative guidance, and the negotiation and ratification of tax treaties. The book provides detailed information regarding the legislative process that has not been published in other resources. This insider’s look into the workings of the government is derived from Berman’s twenty-five-year career as a Washington, D.C. tax attorney. The book uses tax legislation as a substantive backdrop for considering the legislative process and is suited for use in J.D.- or LL.M.-level courses such as Making Tax Law, Legislation, or Federal Regulatory and Legislative Practice Seminar.
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The Law Student's Quick Guide to Legal Citation, 3rd Edition
Stephen Donweber
A guide to basic legal citation for new law students and anyone else interested.
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Federalism and Subsidiarity: NOMOS LV
James E. Fleming and Jacob T. Levy
In Federalism and Subsidiarity, a distinguished interdisciplinary group of scholars in political science, law, and philosophy address the application and interaction of the concept of federalism within law and government. What are the best justifications for and conceptions of federalism? What are the most useful criteria for deciding what powers should be allocated to national governments and what powers reserved to state or provincial governments? What are the implications of the principle of subsidiarity for such questions? What should be the constitutional standing of cities in federations? Do we need to “remap” federalism to reckon with the emergence of translocal and transnational organizations with porous boundaries that are not reflected in traditional jurisdictional conceptions? Examining these questions and more, this latest installation in the NOMOS series sheds new light on the allocation of power within federations.
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Restatement of the Law, Employment Law (Proposed Final Draft)
Michael Harper, Samuel Estreicher, Matthew T. Bodie, and Stewart J. Schwab
The result of nearly a decade of work by eminent scholars, judges, and practicing lawyers, this new volume clarifies employment law today.
This publication provides concise and clear rules and analysis on issues specific to the employment relationship, including contracts, termination, compensation, benefits, tort liability, wrongful discharge in violation of public policy, defamation, wrongful interference, misrepresentation, autonomy, privacy, employee obligations, restrictive covenants, and remedies.
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Public Health Law, 2nd ed.
Wendy K. Mariner and George J. Annas
The second edition of Public Health Law offers an up-to-date compendium of cases, materials and notes illustrating the field's expanded scope and importance today. All-new materials include:
Theories of risk perception
Federal regulation of public health
Chronic disease prevention
Global health programs
Chapters 1 and 2 survey the public health field and ways to identify health and safety risks. Chapters 3 and 4 examine relevant constitutional issues. The remaining chapters focus on specific health risks and can be taught as problem-based case studies to allow students to evaluate different solutions, as in the real world. -
AHLA Health Law Curriculum Manual
Kevin Outterson
Despite being a significant segment of the economy, the discipline of health law is relatively new. This is particularly evident in many law schools where health law is still not represented by a full-time faculty member. Some of these schools either do not teach any courses in the area or rely primarily on adjuncts. For those unfamiliar with the discipline, it can be difficult to understand its content and breadth, which becomes a particular challenge to faculties that want to hire a health law professor for the first time, or for academic deans attempting to identify appropriately qualified adjuncts. Meanwhile, employers seeking to hire health lawyers face difficulties in finding candidates with the practical skills and experience required to fulfill their health law needs. These challenges are made all the more difficult by the frequent and expansive changes in the laws that govern the area and a struggling economy that has resulted in less employers willing to hire and train attorneys new to the bar.
Given the increased importance of health law to the country, and with an understanding that health law is one of the few areas of the legal economy that continues to grow, the American Health Lawyers Association (AHLA) has collaborated with several health law academics and practicing attorneys to create a resource that will support law schools in their health law curricular development. The goal of the collaboration is to aid schools in producing students substantively ready to practice health law upon graduation and support their efforts to integrate skills development into their curricula. In addition, for those schools interested in beginning or expanding their health law programs, we hope the collaboration will aid in identifying qualified full-time and adjunct health law professors.
This resource first discusses health law curricula from both the academic and employer perspectives. It then provides health law curricula guidance that was developed on the basis of these perspectives and addresses best practices for health law clinics and externships. It also addresses potential state-specific issues and options for law schools to form an alliance with AHLA, along with a state survey that reveals which states may have formally defined the “practice of health law” or which ones certify health law as a specialty. The appendices provide problem sets and a teacher’s manual that can be used in health law courses to develop practical skills; general statistics about law schools that offer health law courses, and states that require pro bono services in order for an attorney to maintain her license. Ultimately, we hope this resource represents the beginning of a long-term collaboration that will foster greater development of, and continuous improvement in, health law curricula.
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Managerial Economics, 8th ed.
William Samuelson and Stephen G. Marks
Samuelson and Marks' Managerial Economics, 8th Edition provides a detailed introduction to managerial economics for undergraduates, MBAs, and executives. This text illustrates the central decision problems managers face and provide the economic analysis they need to guide these decisions.
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The Eureka Myth: Creators, Innovators, and Everyday Intellectual Property
Jessica Silbey
Are innovation and creativity helped or hindered by our intellectual property laws? In the two hundred plus years since the Constitution enshrined protections for those who create and innovate, we're still debating the merits of IP laws and whether or not they actually work as intended. Artists, scientists, businesses, and the lawyers who serve them, as well as the Americans who benefit from their creations all still wonder: what facilitates innovation and creativity in our digital age? And what role, if any, do our intellectual property laws play in the growth of innovation and creativity in the United States?
Incentivizing the "progress of science and the useful arts" has been the goal of intellectual property law since our constitutional beginnings. The Eureka Myth cuts through the current debates and goes straight to the source: the artists and innovators themselves. Silbey makes sense of the intersections between intellectual property law and creative and innovative activity by centering on the stories told by artists, scientists, their employers, lawyers and managers, describing how and why they create and innovate and whether or how IP law plays a role in their activities. Their employers, business partners, managers, and lawyers also describe their role in facilitating the creative and innovative work. Silbey's connections and distinctions made between the stories and statutes serve to inform present and future innovative and creative communities.
Breaking new ground in its examination of the U.S. economy and cultural identity, The Eureka Myth draws out new and surprising conclusions about the sometimes misinterpreted relationships between creativity and intellectual property protections. - Publisher's website
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America's Forgotten Constitutions: Defiant Visions of Power and Community
Robert L. Tsai
The U.S. Constitution opens by proclaiming the sovereignty of all citizens: “We the People.” Robert Tsai’s gripping history of alternative constitutions invites readers into the circle of those who have rejected this ringing assertion—the defiant groups that refused to accept the Constitution’s definition of who “the people” are and how their authority should be exercised.
America’s Forgotten Constitutions is the story of America as told by dissenters: squatters, Native Americans, abolitionists, socialists, internationalists, and racial nationalists. Beginning in the nineteenth century, Tsai chronicles eight episodes in which discontented citizens took the extraordinary step of drafting a new constitution. He examines the alternative Americas envisioned by John Brown (who dreamed of a republic purged of slavery), Robert Barnwell Rhett (the Confederate “father of secession”), and Etienne Cabet (a French socialist who founded a utopian society in Illinois). Other dreamers include the University of Chicago academics who created a world constitution for the nuclear age; the Republic of New Afrika, which demanded a separate country carved from the Deep South; and the contemporary Aryan movement, which plans to liberate America from multiculturalism and feminism.
Countering those who treat constitutional law as a single tradition, Tsai argues that the ratification of the Constitution did not quell debate but kindled further conflicts over basic questions of power and community. He explains how the tradition mutated over time, inspiring generations and disrupting the best-laid plans for simplicity and order. Idealists on both the left and right will benefit from reading these cautionary tales.
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Risk Governance of Offshore Oil and Gas Operations
Michael Baram, Ortwin Renn, and Preben Hempel Lindøe
This book evaluates and compares risk regulation and safety management for offshore oil and gas operations in the United States, United Kingdom, Norway, and Australia. It provides an interdisciplinary approach with legal, technological, and sociological perspectives on their efforts to assess and prevent major accidents and improve safety performance offshore. Presented in three parts, the volume begins with a review of the technical, legal, behavioral, and sociological factors involved in designing, implementing, and enforcing a regulatory regime for industrial safety. It then evaluates the four regulatory regimes that encompass the cultural, legal, and other contextual factors that influence their design and implementation, along with their reliance on industrial expertise and standards and the use of performance indicators. The final section presents an assessment of the resilience of the Norwegian regime and its capacity to keep pace with new technologies and emerging risks, respond to near miss incidents, encourage safety culture, incorporate vested rights of labor, and perform inspection and self-audit functions. This book is highly relevant for those in government, business, academia, and elsewhere in civil society who are involved in offshore safety issues, including regulatory authorities and industrial safety professionals.
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The Law Student's Quick Guide to Legal Citation, 2nd Edition
Boston University School of Law Legal Information Librarians and Stephen Donweber
A short guide to basic legal citation designed for new law students.
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Restatement of the Law Third, Employment Law, Tentative Draft No. 6
Samuel Estreicher, Matthew T. Bodie, Michael Harper, and Stewart J. Schwab
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Ordered Liberty: Rights, Responsibilities, and Virtues
James E. Fleming and Linda C. McClain
Many have argued in recent years that the U.S. constitutional system exalts individual rights over responsibilities, virtues, and the common good. Answering the charges against liberal theories of rights, James Fleming and Linda McClain develop and defend a civic liberalism that takes responsibilities and virtues—as well as rights—seriously. They provide an account of ordered liberty that protects basic liberties stringently, but not absolutely, and permits government to encourage responsibility and inculcate civic virtues without sacrificing personal autonomy to collective determination.
The battle over same-sex marriage is one of many current controversies the authors use to defend their understanding of the relationship among rights, responsibilities, and virtues. Against accusations that same-sex marriage severs the rights of marriage from responsible sexuality, procreation, and parenthood, they argue that same-sex couples seek the same rights, responsibilities, and goods of civil marriage that opposite-sex couples pursue. Securing their right to marry respects individual autonomy while also promoting moral goods and virtues. Other issues to which they apply their idea of civic liberalism include reproductive freedom, the proper roles and regulation of civil society and the family, the education of children, and clashes between First Amendment freedoms (of association and religion) and antidiscrimination law. Articulating common ground between liberalism and its critics, Fleming and McClain develop an account of responsibilities and virtues that appreciates the value of diversity in our morally pluralistic constitutional democracy.
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American Constitutional Interpretation, 5th ed.
James E. Fleming, Walter F. Murphy, Sotirios A. Barber, and Stephen Macedo
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Laws of Creation: Property Rights in the World of Ideas
Keith Hylton and Ronald A. Cass
While innovative ideas and creative works increasingly drive economic success, the historic approach to encouraging innovation and creativity by granting property rights has come under attack by a growing number of legal theorists and technologists. In Laws of Creation, Ronald Cass and Keith Hylton take on these critics with a vigorous defense of intellectual property law. The authors look closely at the IP doctrines that have been developed over many years in patent, copyright, trademark, and trade secret law. In each area, legislatures and courts have weighed the benefits that come from preserving incentives to innovate against the costs of granting innovators a degree of control over specific markets. Over time, the authors show, a set of rules has emerged that supports wealth-creating innovation while generally avoiding overly expansive, growth-retarding licensing regimes.
These rules are now under pressure from detractors who claim that changing technology undermines the case for intellectual property rights. But Cass and Hylton explain how technological advances only strengthen that case. In their view, the easier it becomes to copy innovations, the harder to detect copies and to stop copying, the greater the disincentive to invest time and money in inventions and creative works. The authors argue convincingly that intellectual property laws help create a society that is wealthier and inspires more innovation than those of alternative legal systems. Ignoring the social value of intellectual property rights and making what others create and nurture “free” would be a costly mistake indeed.
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African Parliamentary Knowledge Network Legislative Handbook: Using Evidence to Design and Assess Legislation
Sean J. Kealy
The African Parliamentary Knowledge Network’s mission is to increase the capacity and effectiveness of Parliaments by improving the skills of the parliamentarians and their staff. The APKN provides both a platform for sharing information between legislative bodies and by developing tools aimed at improving the quality of legislation. A significant accomplishment of the APKN to date has been the creation of the Drafting Guidelines, which offer instruction on the technical aspects of legislative drafting. To complement the Guidelines, this handbook is meant to offer instruction and advice on designing and assessing legislation through the use of an evidence-based methodology. The Handbook has been supported by the Africa i-Parliament Action Plan, a project funded by United Nations Department of Economic and Social Affairs.
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The Origins of the Necessary and Proper Clause
Gary Lawson, Geoffrey P. Miller, Robert G. Natelson, and Guy I. Seidman
The Necessary and Proper Clause is one of the most important parts of the US Constitution. Today this short thirty-nine-word paragraph is cited as the legal foundation for much of the modern federal government. Through three independent lines of research, the authors trace the lineage of the Necessary and Proper Clause to the everyday law of the Founding Era - the same law that American founders such as Madison, Hamilton, and Washington applied in their daily lives. Origins of the Necessary and Proper Clause are found in law-governing agencies, public administration, and corporations. Moreover, all of those areas were undergirded by common principles of fiduciary responsibility - reflecting the Founders' view that a public office is truly a public trust. This explains the choice of language in the clause and provides clues about its meaning. This book thus serves as a reference source for scholars seeking to understand the intellectual foundations of one of the Constitution's most important clauses.
- This is the only book devoted to the intellectual origins of the Necessary and Proper Clause
- The book combines three independent lines of research that all intersect at key points
- Explores the origins of the Necessary and Proper Clause by looking to legal doctrines often ignored by constitutional scholars: agency law, administrative law, and corporate law
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Confronting Injustice: Moral History and Political Theory
David Lyons
- A bold new account of morality in American history and law
- Written by a leading expert in the field
- Challenges social injustices from the nation's beginnings to the present day
- Illuminates the importance of moral judgment to political and legal theory
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Becoming a Bilingual Family: Help Your Kids Learn Spanish (and Learn Spanish Yourself in the Process)
Stephen G. Marks and Jeffrey Marks
Unique among language study aids, this book gives English-speaking parents the tools to create a bilingual home and help their kids learn Spanish in their earliest years, when children are most receptive to learning languages.
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According to Our Hearts: Rhinelander v. Rhinelander and the Law of the Multiracial Family
Angela Onwuachi-Willig
This landmark book looks at what it means to be a multiracial couple in the United States today. According to Our Hearts begins with a look back at a 1925 case in which a two-month marriage ends with a man suing his wife for misrepresentation of her race, and shows how our society has yet to come to terms with interracial marriage. Angela Onwuachi-Willig examines the issue by drawing from a variety of sources, including her own experiences. She argues that housing law, family law, and employment law fail, in important ways, to protect multiracial couples. In a society in which marriage is used to give, withhold, and take away status—in the workplace and elsewhere—she says interracial couples are at a disadvantage, which is only exacerbated by current law.
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The Law Student's Quick Guide to Legal Citation
Boston University School of Law Legal Information Librarians and Stephen Donweber
A short explanation of common legal citation formats by the Boston University School of Law Legal Information Librarians
Books written, edited, and contributed to by Boston University School of Law faculty members.
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