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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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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.
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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.
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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.
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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.
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Jeffrey Lubbers
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.
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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.
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Jeffrey S. Lubbers and William Funk
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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.
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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. -
Kenneth Anderson
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.
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Elizabeth Boals
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.
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V. Gerard Comizio
This is the first major casebook devoted to international banking law. It examines cutting edge legal and regulatory developments in international banking law, as focused through the business and structural means by which banks conduct international activities—the business of international banking. In doing so, the book highlights the fact that, as international banking has grown and increasingly plays a key role in the international economy, so have practical and policy concerns arisen that have caused an increasing need and support for international banking laws and regulation.
The book presents the practical aspects of legal issues that arise in the most common international banking transactions, including the legal role of international banks in letters of credit transactions, international loan syndications and international deposit transactions—so called “ringfencing” of deposits. In so doing, the book seeks to engage the student to understand the respective roles, responsibilities and liabilities of banks associated with these transactions, and the related regulatory concerns reflected in banking laws, regulations and policies.
This book also explores international banking regulation, including an analysis of the international principles of bank supervision and the evolving work and influence of the Basel Committee on Bank Regulation and Supervision and regulation of U.S. banks in foreign markets.
Significantly, it examines critical international banking legal issues and policies in the context of the recent global financial crisis, government “bailouts” and global financial regulatory reform initiatives responding to the crisis, the causes of the global financial crisis, government reactions and perceived weaknesses in the international financial regulatory system, and regulatory reform covering the Dodd-Frank Act, G-10 and Basel Committee reform initiatives.
The book also examines the regulation of foreign banking organizations in the U.S. under the Federal Reserve Board’s Regulation K and International Banking Act, Foreign Bank Supervision and Enhancement Act and related laws and regulations. Also, the book analyzes current legal and regulatory developments in anti-terrorism, money laundering, and embargo laws as relates to international banking operations.
Finally, the book covers the “single rulebook” banking regulation of the European Monetary Union—the first transnational regulation of international banking.
The book also presents emerging ethical considerations in international banking law practice, and the implications of relevant ethical guidance by the American Bar Association and the International Bar Association.
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Angela Davis
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.
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Jeffrey S. Lubbers
This 16th edition describes the four primary administrative process topics (e.g. Adjudication, Constitutional Law and Separation of Powers, Judicial Review, and Rulemaking), while separate chapters devoted to substantive areas of practice are published in the eBook version. As an annual publication, it also provides a historical chronicle of changes in administrative law and regulatory practice.
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Claudia Martin, Diego Rodriguez-Pinzon, and Bethany Brown
This book focuses on descriptions of the developments in legal frameworks and policies regarding the human rights of older persons. First, it covers the policies adopted and practices developed at the universal system, particularly within the sphere of the United Nations. Second, it includes a side-by-side comparison of the work of regional human rights mechanisms, which have picked up some momentum in the past decade. Through its inclusion of law, policy, and current processes, the widest net possible has been cast to collect a descriptive resource for advocates.
Overall, we hope that this book contributes to a better understanding of the current limitations and possibilities that international institutions offer to uphold the human rights of older persons. We expect that this information will allow states and other policy makers to move forward with the international recognition of the human rights of older persons. We know this is only a first effort in compiling and reporting the standards that are being produced by different international institutions. But we have no doubt that many others will follow with their expert analysis of these emerging standards, and that the ongoing discussion will finally crystalize in international human rights binding instruments explicitly recognizing the universal rights of older persons.
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Andrew Popper
Six years ago, a group of complete strangers began to gather each morning for coffee in a convenience store, The American Market, on the outskirts of Washington, D.C. In that modest and unsuspecting place, a community was born leading to friendships and commitment unlike anything they had known before. The bonds between members of the group solidified one morning when Henry, the proprietor of the Market, removed the entire rack of goods in the front of the store and replaced them with a table and six folding chairs. It was Henry, a political refugee, who organized the group and turned his otherwise plain and predictable convenience store into a salon, a place where all topics, both serious and inane, were, quite literally, on the table. Over time, the Market became that safe place we all seek, a place freed of judgment and guilt, liberated from one’s externally imposed identity. In that extraordinary setting things begin to happen. Each character seated around the table has their own story, connected with and separate from their mornings at the Market. They face challenges with money, relationships, the nature and shape of their community, and overshadowing the group, the encroaching reality of an insurmountable medical crisis. Questions of fidelity, fate, and compassionate life termination become central and transformative. Ultimately, the sunrise group becomes that best of all families, a family of choice, as the Market emerges as a true home, central to each character, essential to their best and most decent hopes.
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Macarena Sáez
This book shows six different realities of same-sex families. They range from full recognition of same-sex marriage to full invisibility of gay and lesbian individuals and their families. The broad spectrum of experiences presented in this book share some commonalities: in all of them legal scholars and civil society are moving legal boundaries or thinking of spaces within rigid legal systems for same-sex families to function. In all of them there have been legal claims to recognize the existence of same-sex families. The difference between them lies in the response of courts. Regardless of the type of legal system, when courts have viewed claims of same-sex couples and their families as problems of individual rights, they have responded with a constitutional narrative protecting same-sex couples and their families. When courts respond to these claims with rigid concepts of what a family is and what marriage is as if legal concepts where unmodifiable, same-sex couples have remained outside the protection of the law.
Until forty years ago marriage was the only union considered legitimate to form a family. Today more than 30 countries have granted rights to same sex couples, including several that have opened up marriage to couples of the same sex. Every day there is a new bill being discussed or a new claim being brought to courts seeking formal recognition of same sex couples. Not all countries are open to changing their legal structures to accommodate same-sex couples, but even those with no visible changes are witnessing new voices in their communities challenging the status quo and envisioning more flexible legal systems.
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Padideh Ala'i and Robert Vaughn
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In the last two decades transparency has become a ubiquitous and stubbornly ambiguous term. Typically understood to promote rule of law, democratic participation, anti-corruption initiatives, human rights, and economic efficiency, transparency can also legitimate bureaucratic power, advance undemocratic forms of governance, and aid in global centralization of power. This path-breaking volume, comprising original contributions on a range of countries and environments, exposes the many faces of transparency by allowing readers to see the uncertainties, inconsistencies and surprises contained within the current conceptions and applications of the term."
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Elizabeth Boals
It will give experts the confidence they need to be comfortable in court, and give you the skills necessary to emphasize the credibility of your experts. You can avoid pitfalls such as unintentional signals, inappropriate demeanor and appearance, and awkward body language by using Expert Testimony: A Guide for Expert Witnesses and the Lawyers Who Examine Them, Third Edition as your guide. Elizabeth Boals and Steve Lubet coauthored the Third Edition of Expert Testimony: A Guide for Expert Witnesses and the Lawyers Who Examine Them expanding and amplifying the original book with: New guidance on the development and presentation of expert testimony in the digital age, including discussion of visual aids and electronic discovery, Updated analysis of the Federal Rules of Evidence and Federal Rules of Civil Procedure, Updated discussion of the ethical rules governing expert retention and testimony, Examples of expert witness examinations and detailed discussion of techniques for coping with lawyer questioning, Checklists for quick reference. The collaborative effort of Professors Lubet and Boals has resulted in a Third Edition that is worthwhile to both the expert witnesses and the lawyers who examine them.
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