Barlow Burke, Ann M. Burkhart, and Thomas P. Gallanis
Now in its fifth edition, the strength of Fundamentals of Property Law has always been its comprehensiveness in both a traditional and innovative sense. The use of statutes makes it possible to focus some classes on statutory analysis. Shorter judicial opinions make it possible to lay out fundamental rules in one opinion and show their application in another. With these objectives in mind, the authors have followed four guidelines in preparing the casebook:
(1) Case selection has emphasized rules that are widely accepted in practice. Included are opinions that adopt a minority view only when they also state the majority position clearly, so that students will not be misled about the current state of the law.
(2) Shorter cases have been preferred over longer ones, and short expositions of the rules have been preferred over treatise-like opinions. Students should also become familiar with the treatises and law review literature on the subjects raised in the cases as casebooks are a necessary, but not sufficient, guide to the law.
(3) Many of the cases and notes that follow them deal with questions of statutory interpretation. The law of real property is less affected by statutory change than many areas of the first year curriculum, but learning to understand the role statutes play in our legal system is of vital importance for all students of the law.
(4) The nature of the law of property is illuminated by many disciplines. The authors emphasize no particular discipline in selecting cases, writing notes, or defining problems; much of the material in the casebook lends itself to a broad approach to the law.
“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
The U.S. economy is growing less competitive. Large businesses increasingly profit by taking advantage of their customers and suppliers. These firms can also use sophisticated pricing algorithms and customer data to secure substantial and persistent advantages over smaller players. In our new Gilded Age, the likes of Google and Amazon fill the roles of Standard Oil and U.S. Steel.
Jonathan Baker shows how business practices harming competition manage to go unchecked. The law has fallen behind technology, but that is not the only problem. Inspired by Robert Bork, Richard Posner, and the “Chicago school,” the Supreme Court has, since the Reagan years, steadily eroded the protections of antitrust. The Antitrust Paradigm demonstrates that Chicago-style reforms intended to unleash competitive enterprise have instead inflated market power, harming the welfare of workers and consumers, squelching innovation, and reducing overall economic growth. Baker identifies the errors in economic arguments for staying the course and advocates for a middle path between laissez-faire and forced deconcentration: the revival of pro-competitive economic regulation, of which antitrust has long been the backbone.
Drawing on the latest in empirical and theoretical economics to defend the benefits of antitrust, Baker shows how enforcement and jurisprudence can be updated for the high-tech economy. His prescription is straightforward. The sooner courts and the antitrust enforcement agencies stop listening to the Chicago school and start paying attention to modern economics, the sooner Americans will reap the benefits of competition.
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.
Investment treaty arbitration (sometimes called investor-state dispute settlement or ISDS) has become a flashpoint in the backlash against globalization, with costs becoming an area of core scrutiny. Yet "conventional wisdom" about costs is not necessarily wise. To separate fact from fiction, this book tests claims about investment arbitration and fiscal costs against data so that policy reforms can be informed by scientific evidence. The exercise is critical, as investment treaties grant international arbitrators the power to order states-both rich and poor-to pay potentially millions of dollars to foreign investors when states violate the international law commitments made in the treaties. Meanwhile, the cost to access and defend the arbitration can also climb to millions of dollars.
This book uses insights drawn from cognitive psychology and hard data to explore the reality of investment treaty arbitration, identify core demographics and basic information on outcomes, and drill down on the costs of parties' counsel and arbitral tribunals. It offers a nuanced analysis of how and when cost-shifting occurs, parses tribunals' rationalization (or lack thereof) of cost assessments, and models the variables most likely to predict costs, using data to point the way towards evidence-based normative reform. With an intelligent interdisciplinary approach that speaks to ongoing reform at entities like the World Bank's ICSID and UNCITRAL, this book provides the most up-to-date study of investment treaty dispute settlement, offering new insights that will shape the direction of investment treaty and arbitration reform more broadly.
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.
This reference guide provides an authoritative summary of personal property that will enhance your ability to distinguish between title and possession. Teaches by example, using a set of readily understandable situations. Also includes the origins of substantive rules of law and procedure.
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.
As procedures governing the rulemaking process have proliferated since the Administrative Procedure Act was enacted, the potential procedural pitfalls have multiplied. This 6th edition brings the Guide up-to-date with respect to recent cases and changes introduced during the latter half of the Obama Administration and the early years of the Trump Administration.
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.