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Susan Franck
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.
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Paul Rice
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
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Ezra Rosser
While the United States continues to recover from the 2008 Great Recession, the country still faces unprecedented inequality as increasing numbers of poor families struggle to get by with little assistance from the government. Holes in the Safety Net: Federalism and Poverty offers a grounded look at how states and the federal government provide assistance to poor people. With chapters covering everything from welfare reform to recent efforts by states to impose work requirements on Medicaid recipients, the book avoids unnecessary jargon and instead focuses on how programs operate in practice. This timely work should be read by anyone who cares about poverty, rising inequality, and the relationship between state, local, and federal levels of government.
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Robert Tsai
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.
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Kimberly Wehle
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.
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Barlow Burke
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.
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Angela Davis
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.
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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. -
Jeffrey Lubbers
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.
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Diane Orentlicher
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.
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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.
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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.
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Roger Fairfax
Adjudicatory Criminal Procedure is a truly distinct offering in the crowded criminal procedure textbook market. Carefully-edited cases, statutes, and rules frame the book’s insightful commentary and illuminating analysis. The textbook’s focus on federal procedure is complemented by a thoughtful recognition of the significance of state practice. Built-in, optional skills exercises grounded in the doctrine, and interactive hyperlinks to up-to-date, real-world applications of covered legal concepts accentuate this lean and well-edited modern textbook. The students and professors who work through the rich material will have the choice of a variety of pedagogical tools to enhance comprehension and mastery. With its mixture of doctrine, theory, policy, practical skills focus, and use of interactive resources, this is a textbook designed to help professors challenge the students of today and prepare the lawyers of tomorrow.
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Andrew Guthrie Ferguson
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.
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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.
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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.
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David Aaronson
A comprehensive set of over 290 pattern jury instructions with detailed commentary explaining the intricacies of Maryland criminal law and relevant federal constitutional decisions. Includes jury instructions on the evaluation of evidence useful in both criminal and civil cases. Two volumes, softbound, released annually, with access to downloadable .exe files included, consisting of both instructions and commentary text.
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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.
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Elizabeth Boals
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
There are two witnesses for the Plaintiff and two for the Defense. Addison v. Peyton also offers optional expert testimony for each party on Peyton's likely BAC at the time of the accident. Parties can be played by either men or women. Digital versions of the exhibits are available online for student use. The author 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, impeachment by prior inconsistent statements, impeachment with bias, and expert voir dire. If you provide the environment, NITA will provide the setting for a most interesting experiential training opportunity.
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Elizabeth Boals
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.
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Elizabeth Boals and Shailee Diwanji Sharma
Stanton v. Armstrong is a civil action for defamation and tortious interference with contract with the extra glamor of a beauty pageant. Harper Stanton brought the action against Toby Armstrong in the United States District Court, District of Nita, for an allegedly defamatory statement claiming Stanton had taken a bribe to fix the Miss Olympia beauty pageant. Armstrong posted this statement on the Pageant Tips Blog. At the time of the blog post, Stanton was the Chief Executive Officer of Miss Olympia, Inc. and Armstrong was a blogger and the owner of a pageant contestant coaching company. Many facilities and technology malfunctions impacted the quality of the Miss Olympia Pageant that year: lighting and sound problems; a missing judge; changes in the scoring method. After the disastrous pageant, Miss Olympia, Inc. fired Stanton. Were Armstrong’s unfounded claims the basis for Stanton’s firing? Was Stanton legitimately fired for being a dishonest CEO manipulating the pageant from behind the scenes? Or was Stanton fired for tarnishing the Miss Olympia Pageant through no fault of his own? Stanton v. Armstrong is a civil action for defamation and tortious interference with contract with the extra glamor of a beauty pageant. Harper Stanton brought the action against Toby Armstrong in the United States District Court, District of Nita, for an allegedly defamatory statement claiming Stanton had taken a bribe to fix the Miss Olympia beauty pageant. Armstrong posted this statement on the Pageant Tips Blog. At the time of the blog post, Stanton was the Chief Executive Officer of Miss Olympia, Inc. and Armstrong was a blogger and the owner of a pageant contestant coaching company. Many facilities and technology malfunctions impacted the quality of the Miss Olympia Pageant that year: lighting and sound problems; a missing judge; changes in the scoring method. After the disastrous pageant, Miss Olympia, Inc. fired Stanton. Were Armstrong’s unfounded claims the basis for Stanton’s firing? Was Stanton legitimately fired for being a dishonest CEO manipulating the pageant from behind the scenes? Or was Stanton fired for tarnishing the Miss Olympia Pageant through no fault of his own? This entertaining case file supports all the alleged intrigue with exhibits that include blog posts, a Twitter account, and a YouTube video, all hosted on “microsites” specifically created for use in trial. Scoring sheets and pageant guidelines, photographs, room sketches, and more provide a wealth of information for students to analyze when deciding what to pursue in both depositions and the full trial.
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Barlow Burke, Federal Judiciary Center, Joseph L. Ebersole, and Penny Hill Press
The proper scope of discovery and the effect of discovery on the costs of litigation in civil cases have been controversial issues since the concept of notice pleading was introduced. The modern role of discovery, effectuated in the 1938 Federal Rules of Civil Procedure, continues to draw detractors and supporters. Surprisingly, there is little difference between the arguments of the 1930s and those of the 1970s. Nevertheless, these arguments have taken on new dimensions in recent years because of the increasing costs of litigation and the fact that discovery accounts fora substantial portion of the costs of civil litigation.These concerns prompted our study. Although preliminary planning for research projects on discovery had started in 1975, the strongest impetus for Federal Judicial Center research was the so-called Pound Revisited Conference of 1976, at which discovery was highlighted as a particularly serious cost problem.By the summer of 1978, published Center research concerning discovery included a statistically based study of cases in six districts and a study that surveyed and analyzed all critical literature on the federal discovery rules published since January 1970 (the year of the last major revision of the federal discovery rules). The instant project is one of the Center 's continuing studies of the operation of discovery.The Center's first discovery report was--as noted above--a statistical study. Although statistics provide information that illuminates or defines problems , some questions are. more usefully addressed through case studies. The present study involves such questions.
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