“Dear Law Student: Here’s the truth. You belong here.”
Law professor Andrew Ferguson and former student Jonathan Yusef Newton open with this statement of reassurance in The Law of Law School. As all former law students and current lawyers can attest, law school is disorienting, overwhelming, and difficult. Unlike other educational institutions, law school is not set up simply to teach a subject. Instead, the first year of law school is set up to teach a skill set and way of thinking, which you then apply to do the work of lawyering. What most first-year students don’t realize is that law school has a code, an unwritten rulebook of decisions and traditions that must be understood in order to succeed.
The Law of Law School endeavors to distill this common wisdom into one hundred easily digestible rules. From self-care tips such as “Remove the Drama,” to studying tricks like “Prepare for Class like an Appellate Argument,” topics on exams, classroom expectations, outlining, case briefing, professors, and mental health are all broken down into the rules that form the hidden law of law school. If you don’t have a network of lawyers in your family and are unsure of what to expect, Ferguson and Newton offer a forthright guide to navigating the expectations, challenges, and secrets to first-year success. Jonathan Newton was himself such a non-traditional student and now shares his story as a pathway to a meaningful and positive law school experience. This book is perfect for the soon-to-be law school student or the current 1L and speaks to the growing number of first-generation law students in America.
Andrew Ferguson, David Kaye, and David Bernstein
This volume provides in depth coverage of the topics that lawyers and judges must know when dealing with expert testimony about medicine, engineering, psychology, economics, and forensic science, among other areas. It covers the topics common to all such testimony and focuses on scientific and statistical evidence, providing sophisticated and up-to-date explanations and analyses of:
- The principles and policies underlying all the approaches to admitting scientific evidence, from the traditional relevance standard to the most restrictive interpretations of the Supreme Court's watershed opinion in Daubert v. Merrell Dow Pharmaceuticals.
- An in-depth look at the continuing importance and practical operation of the Frye standard.
- Qualifications for expert witnesses.
Discusses the standards developed by the courts, together with pertinent statutes and leading case law for every jurisdiction. Examines the law's historical development and the current law. Also addresses the departures from previous law and practice. Analyzes habeas corpus themes, patterns, and directions for current and future litigation. This guide provides the actual language of the court with complete citations to aid in further research.
- Provides historical perspective
- Includes actual language of the court
- Ready reference to habeas corpus law
- Tailor arguments using extensive citations
- Addresses filing deadlines, certificates of appealability, successive petitions, and standards of review
- Learn how the law is currently applied
Nothing is more important to the health of a democracy than the right to vote. Yet less than half of eligible voters routinely show up to the polls. Part of the problem is that the basics of the process we use to choose our elected leaders remain shrouded in mystery for many Americans.
In What You Need to Know About Voting―and Why, law professor and constitutional scholar Kimberly Wehle unravels that mystery, offering practical, useful advice on the mechanics of voting and an enlightening survey of its history and future.
What is a primary? How does the electoral college work? Who gets to cast a ballot and why? Wehle answers these questions and more in a clear, engaging, and conversational tone. From where and how to register in the various states to how to change your registration when you move, this indispensable book outlines the necessary steps to take to become an active participant in the electoral process.
For new voters, would-be voters, young people looking ahead to the next election, and those seeking citizenship, What You Need to Know About Voting―and Why is a timely and informative guide, providing the background you need in order to make informed choices that will shape our shared destiny for decades to come
Barlow Burke and Joseph Snoe
John B. Corr, William M. Janssen, and Steven Baicker-McKee
From the inception, the Federal Civil Rules Handbook has aimed to bridge the ravine between a simple, austere reprinting of the Rules, and costly but exhaustive multivolume treatises exploring the Rules in comprehensive depth. The handbook occupies the middle-ground – a reprinting of the Rules accompanied by a sensibly comprehensive compendium of practical, quickly-accessed distillations of the Rules in operation; an affordable, annually current, predictably organized, single-volume, easily referenced tool for understanding and applying the Federal Civil Rules.
Our format remains familiar. The handbook begins with an introduction to general concepts in federal practice, addressing issues such as personal and subject matter jurisdiction, removal, venue, and issue and claim preclusion. Then, each rule is discussed in turn, beginning with the current rule text, followed immediately by author commentary to that rule and its subparts. The commentary distills each rule's “Purpose and Scope”, summarizes the “Core Concept” of each rule's various subsections, and culminates in easily accessed textual discussions of the rule's subparts in “Applications” – including helpful citations from the Supreme Court, the Federal Courts of Appeals, and the District Courts.
This publication also includes:
- More than 1,200 citations to new interpretive cases, saving research time
- Expert discussion and practice tips, including practical applications, limitations, and traps to avoid
- Advisory Committee notes
- The most often-consulted sections of Title 28 (Judiciary and Judicial Procedure) of USCA®
- The federal appeals rules with forms
- Evidence rules
- An introduction to federal multidistrict litigation
N. Jeremi Duru, Matthew Mitten, Timothy Davis, and Barbara Osborne
Sports Law and Regulation explores both amateur and professional sports as well as issues common to both industries. A comprehensive collection of cases and materials provides balanced perspective and flexible coverage, while the organization provides instructors the flexibility to cover selected sections or chapters for a separate course in either Amateur Sports Law or Professional Sports Law. The fifth edition includes recent landmark sports precedents, cases, and articles. Materials examining internal governance issues of the MLB, the World Anti-doping Code applying to sports doping, the NCAA infractions process, and concussions and brain trauma have also been included in the updated edition. Sports Law and Regulation contains the appropriate amount of introductory and explanatory materials, notes, and questions to facilitate students' understanding as well as hypothetical problems for applying new knowledge.
Paul F. Figley
A Guide to the Federal Tort Claims Act provides a concise overview of the FTCA and its jurisprudence. The author is a seasoned professional who has spent many years litigating and managing FTCA issues at the Department of Justice. His approach is simple and straightforward, while being comprehensive in scope. The book serves as a ready reference for readers of all levels who are about to begin research on a variety of FTCA issues. Topics covered include: (1) The FTCA's waiver of sovereign immunity; (2) Procedures for presenting administrative tort claims and filing suit; (3) The protections the FTCA may provide to federal employees; (4) The FTCA's rules for damages; (5) Financial matters including attorney's fees, costs and interest; and (6) FTCA settlement processes and negotiations.
Jeffrey S. Lubbers
The guide addresses the FTCA's waiver of sovereign immunity, its purpose, scope, exclusions, exceptions, and the procedures for presenting administrative tort claims5 and fi ling suit. It discusses the protections the FTCA may provide to federal employees sued in tort. It explains the FTCA's rules for damages and for financial matters, including attorneys' fees, costs, and interest. Finally, it examines the FTCA settlement process and recommends approaches to settlement negotiations.
The purpose for attorney-client privilege is to encourage open communications between the attorney and client. Every client of every attorney, regardless of the legal advice or assistance sought, is subject to discovery demands that could reveal privileged information. Attorney-Client Privilege in the United States provides instant access to the history, theory, and purpose of this privilege.
Attorney-Client Privilege in the United States is the most current and complete treatment of attorney-client privilege available, including:
- Discussion of the history, theory, and purpose of the attorney-client privilege
- Comprehensive examination of court interpretations regarding the privilege and its application
- Expert guidance in asserting, establishing, resolving, and appealing privilege matters
A path-breaking account of how Americans have used innovative legal measures to overcome injustice—and an indispensable guide to pursuing equality in our time.
Equality is easy to grasp in theory but often hard to achieve in reality. In this accessible and wide-ranging work, American University law professor Robert L. Tsai offers a stirring account of how legal ideas that aren’t necessarily about equality at all—ensuring fair play, behaving reasonably, avoiding cruelty, and protecting free speech—have often been used to overcome resistance to justice and remain vital today.
Practical Equality is an original and compelling book on the intersection of law and society. Tsai, a leading expert on constitutional law who has written widely in the popular press, traces challenges to equality throughout American history: from the oppression of emancipated slaves after the Civil War to the internment of Japanese Americans during World War II to President Trump’s ban on Muslim travelers. He applies lessons from these and other past struggles to such pressing contemporary issues as the rights of sexual minorities and the homeless, racism in the criminal justice system, police brutality, voting restrictions, oppressive measures against migrants, and more.
Deeply researched and well argued, Practical Equality offers a sense of optimism and a guide to pursuing equality for activists, lawyers, public officials, and concerned citizens.
The Constitution is the most significant document in America. But do you fully understand what this valuable document means to you? In How to Read the Constitution and Why, legal expert and educator Kimberly Wehle spells out in clear, simple, and common sense terms what is in the Constitution, and most importantly, what it means. In compelling terms, she describes how the Constitution’s protections are eroding—not only in express terms but by virtue of the many legal and social norms that no longer shore up its legitimacy—and why every American needs to heed to this “red flag” moment in our democracy.
This invaluable—and timely—resource covers nearly every significant aspect of the Constitution, from the powers of the President and how the three branches of government are designed to hold each other accountable, to what it means to have individual rights—including free speech, the right to bear arms, the right to be free from unreasonable searches and seizures, and the right to an abortion. Finally, the book explains why it has never been more important than now for all Americans to know how our Constitution works—and why, if we don’t step in to protect it now, we could lose its protections forever.
How to Read the Constitution and Why is essential reading for anyone who cares about maintaining an accountable government and the individual freedoms that the Constitution enshrines for everyone in America—regardless of political party.
Claudio Grossman, Agustina del Campo, and A. Trudeau
This book presents the most thorough analysis to date on the jurisprudence of the Inter-American Human Rights Court (IACtHR) concerning full reparations. This jurisprudence interprets Article 63 of the American Convention on Human Rights. In its interpretation of the Convention, the IACtHR is guided by the important notion that human rights instruments should be interpreted in light of its object and purpose, in accordance with the State members of the Organization of the American States.
The Court's jurisprudence ensures that victims of human rights violations are awarded not only monetary compensation in cases, but also a full array of reparations designed to restore their dignity and reaffirm the value of the rule of law. Accordingly, reparation also includes moral compensation, guarantees of non-repetition, and truth as a measure of satisfaction. The impact of the Inter-American jurisprudence in this matter has gone beyond the regional hemispheric systems. The UN Committee Against Torture relied on the Court's jurisprudence in the drafting of General Comment No. 3, while the other regional human rights systems have resorted to the Inter-American jurisprudence in developing their own concepts of reparation.
More specifically, the book explores the notions of "fair remedy," "injured party," and the possibility of achieving "restitutio in integrum" for human rights violations through an analysis of decisions issued by the Inter-American. The book urges its reader to consider not only the current status of the law, but also the role played by victims, lawyers, Commissioners, and Judges in its jurisprudential development. As a living instrument, the value of the American Convention depends in great part on their actions and decisions.This book, by presenting the role of the different actors through concrete cases that shaped the system, encourages everyone to think how the System should continue to satisfy the aspirations of justice in cases of human rights violations.
An internationally-renowned scholar in the fields of international and transitional justice, Diane Orentlicher provides an unparalleled account of an international tribunal's impact in societies that have the greatest stake in its work. In Some Kind of Justice: The ICTY's Impact in Bosnia and Serbia, Orentlicher explores the evolving domestic impact of the International Criminal Tribunal for the former Yugoslavia (ICTY), which operated longer than any other international war crimes court. Drawing on hundreds of research interviews and a rich body of inter-disciplinary scholarship, Orentlicher provides a path-breaking account of how the Tribunal influenced domestic political developments, victims' experience of justice, acknowledgement of wartime atrocities, and domestic war crimes prosecutions, as well as the dynamic factors behind its evolving influence in each of these spheres. Highlighting the perspectives of Bosnians and Serbians, Some Kind of Justice offers important and practical lessons about how international criminal courts can improve the delivery of justice.
Lindsay Wiley and Lawrence O. Gostin
Public Health Law and Ethics: A Reader, 3rd Edition probes the legal and ethical issues at the heart of public health through an incisive selection of judicial opinions, scholarly articles, and government reports. Crafted to be accessible to students while thorough enough for use by practitioners, policy makers, scholars, and teachers alike, the reader can be used as a stand-alone resource or alongside the internationally acclaimed Public Health Law: Power, Duty, Restraint, 3rd Edition.
This updated edition reader includes new discussions of today’s most pressing health threats, such as chronic diseases, emerging infectious diseases, antimicrobial resistance, biosecurity, opioid overdose, gun violence, and health disparities.
A comprehensive, readable analysis of the key issues of the Black Lives Matter movement, this thought-provoking and compelling anthology features essays by some of the nation's most influential and respected criminal justice experts and legal scholars. Policing the Black Man explores and critiques the many ways the criminal justice system impacts the lives of African American boys and men at every stage of the criminal process, from arrest through sentencing. Essays range from an explication of the historical roots of racism in the criminal justice system to an examination of modern-day police killings of unarmed black men. The contributors discuss and explain racial profiling, the power and discretion of police and prosecutors, the role of implicit bias, the racial impact of police and prosecutorial decisions, the disproportionate imprisonment of black men, the collateral consequences of mass incarceration, and the Supreme Court's failure to provide meaningful remedies for the injustices in the criminal justice system. Policing the Black Man is an enlightening must-read for anyone interested in the critical issues of race and justice in America.
Angela J. Davis, Stephen Saltzburg, and Daniel Capra
Basic Criminal Procedure is a clear and comprehensive outline of the most important principles and issues taught in the basic Criminal Procedure law school course. It covers the 4th, 5th, and 6th Amendments, including Exceptions to the Warrant requirement, Remedies for 4th Amendment violations, the Privilege Against Self-Incrimination, Limits on Identification Evidence and the Right to Counsel. Basic Criminal Procedure also provides sample examination questions and answers.
In a high-tech command center in downtown Los Angeles, a digital map lights up with 911 calls, television monitors track breaking news stories, surveillance cameras sweep the streets, and rows of networked computers link analysts and police officers to a wealth of law enforcement intelligence.
This is just a glimpse into a future where software predicts future crimes, algorithms generate virtual “most-wanted” lists, and databanks collect personal and biometric information. The Rise of Big Data Policing introduces the cutting-edge technology that is changing how the police do their jobs and shows why it is more important than ever that citizens understand the far-reaching consequences of big data surveillance as a law enforcement tool.
Andrew Guthrie Ferguson reveals how these new technologies ―viewed as race-neutral and objective―have been eagerly adopted by police departments hoping to distance themselves from claims of racial bias and unconstitutional practices. After a series of high-profile police shootings and federal investigations into systemic police misconduct, and in an era of law enforcement budget cutbacks, data-driven policing has been billed as a way to “turn the page” on racial bias.
But behind the data are real people, and difficult questions remain about racial discrimination and the potential to distort constitutional protections.
In this first book on big data policing, Ferguson offers an examination of how new technologies will alter the who, where, when and how we police. These new technologies also offer data-driven methods to improve police accountability and to remedy the underlying socio-economic risk factors that encourage crime.
Fernanda Nicola and Bill Davies
Through an interdisciplinary analysis of the rulings of the Court of Justice of the European Union, this book offers 'thick' descriptions, contextual histories and critical narratives engaging with leading or minor personalities involved behind the scenes of each case. The contributions depart from the notion that EU law and its history should be narrated in a linear and incremental way to show instead that law evolves in a contingent and not determinate manner. The book shows that the effects of judge-made law remain relatively indeterminate and each case can be retold through different contextual narratives, and shows the commitment of the European legal elites to the experience of legal reasoning. The idea to cluster the stories around prominent cases is not to be fully comprehensive, but to re-focus the scholarship and teaching of EU law by moving beyond the black letter and unravel the lawyering techniques to achieve policy results.
Ellen S. Podgor, Peter J. Henning, Alfredo Garcia, and Cynthia E. Jones
Criminal Law: Concepts and Practice is a leader in providing materials that match the skills and values emphasized for developing practicing lawyers. The Fourth Edition incorporates over fifty problems that allow the law professor to explore the practical impact of the theoretical concepts underlying criminal law. The book challenges students to consider issues of race in the criminal justice system. It retains its international and comparative notes and now includes several new cases and problems. The authors support a website, criminallawbook.com, that offers podcasts, syllabi, PowerPoints, and other teaching materials that complement the book. In short, the text combines theory and practice and is compact, student-friendly, flexible, and high-tech.
Andrew F. Popper
The future of civil justice is best understood through the prism of tort reform. Through objective commentary, essays on both sides of the battle, articles, interest group papers, and cases, this text is ideal vehicle to comprehend this 40 year struggle. Does the tort system yield inefficient and counter-productive results (e.g., a less competitive market and higher prices), or is it that prized legal regime its supporters contend, leveling the playing field, preserving fragile rights of injured consumers? This text explores the shift in the debate, from substantive accountability to process-based changes, allowing readers to form answers to these questions and gain insights on how the tort reform tale might finally end.
Jonathan Baker, Andrew Gavil, William Kovacic, and Joshua Wright
The third edition of Gavil, Kovacic and Baker’s Antitrust Law in Perspective: Cases, Concepts and Problems in Competition Policy thoroughly updates the second edition. It includes a more accessible treatment of the rule of reason, a further modernized treatment of collusion, the most comprehensive merger chapter available, an innovative new chapter on distribution strategies, and a refreshed and updated treatment of intellectual property and innovation. For the third edition, the authors are joined by former FTC Commissioner Joshua D. Wright, who is now University Professor and Executive Director of the Global Antitrust Institute at the Antonin Scalia Law School at George Mason University.
In this civil case version of State v. Peyton, Taylor Addison has filed a complaint against Jordan Peyton alleging negligence and negligence per se. Addison further alleges that Peyton operated her car in an unsafe manner while under the influence of alcohol and struck Addison's car causing the coffee she was holding to spill over onto her hand, which resulted in severe burns. Addison is seeking relief for pain and suffering, medical costs, lost wages, and car damages. With materials included for the trial of the defendant on these claims, the second edition of Addison v. Peyton adds social media evidence to a case that also provides student opportunities to consider the following criminal trial issues:
- medical expert testimony
- character evidence
- criminal conviction impeachment
- bias impeachment
- prior recorded testimony
- evidence from a 911 call
- breath test computer printout
- witness statements on Twitter
In State v. Peyton, Taylor Addison suffered first and second degree burns when her parked vehicle was sideswiped, spilling coffee over her left hand. No vehicle stopped after the accident, but Addison claims she saw a car identifiable as Jordan Peyton's driving away from the scene. Peyton has pled not guilty to all charges and claims that she did not collide with Addison's car. This second edition of State v. Peyton adds social media evidence to a case that also provides student opportunities to consider criminal trial issues such as medical expert testimony, character evidence, bias impeachment, and much more. Author Elizabeth Boals has also created an extensive teaching manual to not only help the professor with testimony but to provide skill exercises in the rules of evidence, refreshing recollection, impeachment by omission and more.