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.
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.
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.
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
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.
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.
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.
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.
Michael W. Carroll, Craig Joyce, Marshall Leaffer, and Peter Jaszi
The Tenth Edition of Copyright Law features three new principal cases: the U.S. Supreme Court decisions in Kirtsaeng v. John Wiley & Sons and Aereo, Inc. v. American Broadcasting Cos., and the Second Circuit s decision in Authors Guild v. Google, Inc. (the ''Google Books'' case). It also features a reorganization of Chapter 2, bringing much of Feist Publications v. Rural Telephone Service Co. forward, rather than deferring the full opinion to the end of Chapter 3, as in previous editions. The authors have also revised and updated the Notes and Questions throughout, to reflect the past three years of copyright case law.
N. Jeremi Duru, Kenneth Shropshire, and Timothy Davis
Successful sports agents are comfortable with high finance and intense competition for the right to represent talented players, and the most respected agents are those who can deal with the pressures of high-stakes negotiations in an honest fashion. But whereas rules and penalties govern the playing field, there are far fewer restrictions on agents. InThe Business of Sports Agents, Kenneth L. Shropshire, Timothy Davis, and N. Jeremi Duru, experts in the fields of sports business and law, examine the history of the sports agent business and the rules and laws developed to regulate the profession. They also consider recommendations for reform, including uniform laws that would apply to all agents, redefining amateurism in college sports, and stiffening requirements for licensing agents.
David Hunter and James Salzman
This treaty supplement is meant to complement the Fifth edition of International Environmental Law & Policy. It includes the major hard and soft law instruments that embody the field of international environmental law. It thus includes the major multilateral environmental agreements as well as some excerpts from important related treaties such as trade agreements and the UN Convention on the Law of the Sea.
Margaret Colgate Love, Jenny M. Roberts, and Cecelia Klingele
This book covers general types of collateral consequences, attorney's duties regarding consequences, constitutional challenges to consequences,access to and the use of criminal records, regulation of employment and occupational licensing, and restoration of rights after a conviction. Insights on practice guidance, historical background and future trends are discussed.
This new fith edition features explanations of and access to key procedural laws and presidential directives that apply across-the-board to federal agencies, such as significant statutes, executive orders, memoranda, primary sources, legislative history, bibliographies, and commentary on source documents.
The Sourcebook is designed for both lawyers and non-lawyers at federal agencies and for anyone who needs to know more about any of the key federal procedural statutes.
Jeffrey Lubbers and Ronald Levin
This book offers a concise, knowledgeable guide to administrative law. In straightforward, readable prose, the authors not only summarize the dominant statutes and case law in the area, but also discuss informal administrative processes and the background realities of the regulatory state. Students can use the book as a complement to any major casebook, and practitioners will also find it an excellent brief introduction to this complex and important subject.
Jeffrey S. Lubbers and William Funk
Andrew F. Popper, Anthony E. Varona, Gwendolyn M. McKee, Philip J. Harter, and Mark C. Niles
A straightforward, up-to-date comprehensive administrative law casebook featuring 13 new Supreme Court decisions and hundreds of post-2010 notes, comments, references, and questions. Since 2010, the Court has been busy clarifying, expanding, modifying, and redefining fundamental components of administrative law. This new edition presents 13 of these cases and 200 other notes bringing students and faculty up-to-date in this dynamic field. Tucked within the core of the traditional curricular structure are King (the Affordable Care Act), Obergefell (same-sex marriage), Free Enterprise Fund (yet another case on presidential removal power), Canning (recess appointments), Mack Truck (good cause exception), Arlington (the capacity of agencies to define their authority), Stern (on non-Article III courts) and much more. The result is a readable and highly teachable casebook, coupled with hundreds of summary boxes and hypotheticals.
Ezra Rosser and Marie Failinger
The Poverty Law Canon takes readers into the lives of the clients and lawyers who brought critical poverty law cases in the United States. These cases involved attempts to establish the right to basic necessities, as well as efforts to ensure dignified treatment of welfare recipients and to halt administrative attacks on federal program benefit levels. They also confronted government efforts to constrict access to justice, due process, and rights to counsel in child support and consumer cases, social welfare programs, and public housing. By exploring the personal narratives that gave rise to these lawsuits as well as the behind-the-scenes dynamics of the Supreme Court, the text locates these cases within the social dynamics that shaped the course of litigation.
Noted legal scholars explain the legal precedent created by each case and set the case within its historical and political context in a way that will assist students and advocates in poverty-related disciplines in their understanding of the implications of these cases for contemporary public policy decisions in poverty programs. Whether the focus is on the clients, on the lawyers, or on the justices, the stories in The Poverty Law Canon illuminate the central legal themes in federal poverty law of the late 20th century and the role that racial and economic stereotyping plays in shaping American law.
Lindsay Wiley and Lawrence O. Gostin
Lawrence O. Gostin’s seminal Public Health Law is widely acclaimed as the definitive statement on public health law at the turn of the twenty-first century. In this bold third edition, Gostin is joined by Lindsay F. Wiley to analyze major health threats of our time such as chronic diseases, emerging infectious diseases, antimicrobial resistance, bioterrorism, natural disasters, opiod overdose, and gun violence. The authors draw on constitutional law, administrative law, local government law, and tort law to develop their conception of law as a tool for protecting the public’s health.
The book creates an intellectual framework for modern public health law and supports that framework with illustrations of the scientific, political, and ethical issues involved. In proposing innovative solutions for the future of the public’s health, Gostin and Wiley’s essential study provides a blueprint for public and political debates to come.
New issues covered in this edition:
• Corporate personhood rights raised in response to regulations of tobacco, food and beverages, alcohol, firearms, prescription drugs, and marijuana.
• Local government authority to protect the public’s health.
• Deregulation and harm reduction as modes of public health law intervention.
• Taxation, spending, and alteration of the socioeconomic environment as modes of public health law intervention.
• Access to health care as a strategy for protecting the public’s health.
• Taxation, spending, licensing, zoning, and shared-use strategies for chronic disease prevention.
• The public health law perspective on violence and injury prevention.
• Health justice as a framework for reducing health disparities and protecting the public’s health.
When Barack Obama came into office, the strategic landscape facing the United States in its overseas counterterrorism operations was undergoing a shift. Even before the rise of drones necessitated the articulation of legal doctrine, the Obama administration had to explain itself. In Speaking the Law, the authors offer a detailed examination of the speeches of the Obama administration on national security legal issues. Viewed together here for the first time, the authors lay out a broad array of legal and policy positions regarding a large number of principles currently contested at both the domestic and international levels. The book describes what the Obama administration has said about the legal framework in which it is operating with respect to such questions as the nature of the war on terrorism, the use of drones and targeted killings, detention, trial by military commission and in federal courts, and interrogation. The authors analyze this framework, examining the stresses on it and asking where the administration got matters right and where they were wrong. They conclude with suggestions for certain reforms to the framework for the administration and Congress to consider.
State v. Sanchez is a criminal case file featuring the trial of Ernesto Sanchez, who admits to fatally stabbing Patrick Connor during a street fight between two Nita City gangs. Sanchez pleads self-defense, and the circumstances surrounding the stabbing are complicated by the testimonies of other gang and community members. This case file is particularly unique because of its focus on gang activity and its use of non-traditional experts with specialized knowledge of gang behavior. It also addresses the potential impact of racial bias during a criminal trial. Exhibits include social media evidence and a digital recording of a news interview. There are five witnesses for both the state and the defense.
Criminal Law provides students with an integrated framework for understanding the U.S. criminal justice system with a diverse and inclusive interdisciplinary approach and thematic focus. Authors Katheryn Russell-Brown and Angela J. Davis go beyond the law and decisions in court cases to consider and integrate issues of race, gender, and socio-economic status with their discussion of criminal law. Material from the social sciences is incorporated to highlight the intersection between criminal law and key social issues. Case excerpts and detailed case summaries, used to highlight important principles of criminal law, are featured throughout the text. The coverage is conceptual and practical, showing students how the criminal law applies in the “real world”—not just within the pages of a textbook.