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.
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.
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.
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.
Padideh Ala'i and Robert Vaughn
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."
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.
Susan Bryant, Elliot Milstein, and Ann Shalleck
This book focuses on what and how to teach students about being a lawyer as they take responsibility for clients in a clinical course. The book identifies learning and lawyering theories as well as practical approaches to planning and teaching; it highlights how the four clinical methodologies—seminar, rounds, supervision, and fieldwork—reinforce and complement each other. The book illustrates clinical education's transformative potential to create ethical, skilled, thoughtful practitioners imbued with professional values of justice and service. With contributions by both seasoned and newer clinical educators, the book addresses issues faced by all who teach in experiential lawyering courses.
A favorite among successful students, and often recommended by professors, the unique Examples & Explanations series gives you extremely clear introductions to concepts followed by realistic examples that mirror those presented in the classroom throughout the semester. Use at the beginning and midway through the semester to deepen your understanding through clear explanations, corresponding hypothetical fact patterns, and analysis. Then use to study for finals by reviewing the hypotheticals as well as the structure and reasoning behind the accompanying analysis. Designed to complement your casebook, the trusted Examples & Explanations titles get right to the point in a conversational, often humorous style that helps you learn the material each step of the way and prepare for the exam at the end of the course.
The unique, time-tested Examples & Explanations series is invaluable to teach yourself the subject from the first day of class until your last review before the final. Each guide:
- helps you learn new material by working through chapters that explain each topic in simple language
- challenges your understanding with hypotheticals similar to those presented in class
- provides valuable opportunity to study for the final by reviewing the hypotheticals as well as the structure and reasoning behind the corresponding analysis
- quickly gets to the point in conversational style laced with humor
- remains a favorite among law school students
- is often recommended by professors who encourage the use of study guides
- works with ALL the major casebooks, suits any class on a given topic
- provides an alternative perspective to help you understand your casebook and in-class lectures
Andrew Ferguson, Maryam Ahranjani, and Jamin B. Raskin
Youth Justice in America, Second Edition engages students in an exciting, informed discussion of the U.S. juvenile justice system and fills a pressing need to make legal issues personally meaningful to young people. Written in a straightforward style by Maryam Ahranjani, Andrew Ferguson and Jamie Raskin – all of whom actively work in the area of juvenile justice -- the book addresses tough, important issues that directly affect today′s youth, including the rights of accused juveniles, search and seizure, self-incrimination and confession, right to appeal, and the death penalty for juveniles. Focusing on cases that relate to the Fourth, Fifth, Sixth, and Eighth Amendments to the U.S. Constitution, the subject matter comes alive through a wide variety of in-book learning aids.
Steven I. Friedland, Paul Bergman, and Andrew E. Taslitz
This book breaks with tradition to provide both a theoretical and practical understanding of the Federal Rules of Evidence. Under the principle that learning is most effective when it is both challenging and fun, the book includes numerous courtroom-based problems, both to facilitate the students’ theoretical understanding of the rules and to develop their ability to apply evidence rules in practice.
Evidence Law and Practice consistently provides examples, practice hints, explanations and illustrations in the form of mini-transcripts. Each chapter begins with a checklist of important questions to be addressed for each subject area, followed by the pertinent provisions of the Federal Rules of Evidence, a subject overview, illustrations, examples, and problems. While appellate court opinions are not the primary text of this eBook, the ways that judges discuss evidence rules are important and a useful basis for classroom discussions. Consequently, many chapters provide a "library" of important opinions. Features of the Third Edition include:
• Reorganized hearsay chapters, reflecting the U.S. Supreme Court's most recent Confrontation Clause rulings;
• Additional text and problems focusing on the role of evidence rules in pretrial procedures;
• "Practical tips" illustrating how advocates can use evidence rules effectively;
• Enhanced opportunities for classroom role-play exercises;
• Explanations of the latest amendments to the Federal Rules of Evidence;
• Dramatic photo stills from courtroom films, and a variety of problems, including problems based on courtroom films (giving instructors the option to show the scenes on which the problems are based in class).
Cynthia Jones, Andrew E. Taslitz, Peter J. Henning, Margaret L. Paris, and Ellen S. Podogor
Mastering Criminal Procedure, Volume 1: The Investigative Stage provides a concise treatment of the relevant federal constitutional doctrines that guide and constrain interactions between the police and individuals in the investigation of criminal conduct. The book provides an overview of the criminal process and the constitutional sources of the criminal procedure rules, including different approaches to constitutional interpretation. The Second Edition updates the analysis with the latest Supreme Court decisions.
The focus is on the Fourth, Fifth, and Sixth Amendments as they relate to the warrant requirement for searches, exceptions that allow warrantless searches, the seizure of evidence and individuals, and the interrogation of suspects. The book covers the primary topics that arise in the typical law school criminal procedure course, including when the warrant requirement applies, the process for obtaining a valid warrant, the operation of the exclusionary rule, the range of exceptions to the warrant requirement, and arrests and other seizures of individuals and resultant searches of the person.
The authors have experience as prosecutors and defense counsel, and have written extensively in the fields of criminal law, criminal procedure, and evidence.
Claudia Martin and Diego Rodriguez-Pinzon
The World Organisation Against Torture (OMCT) has provided a great service to academics, practitioners and the general public through the publication of this Handbook on the prohibition of torture and ill-treatment in the InterAmerican System, authored by Claudia Martin and Diego Rodríguez-Pinzón, two of the most authoritative experts on the Inter-American human rights system.
This Handbook presents in a well-structured and comprehensive manner practical and theoretical information about the Inter-American System generally and, in particular, as it relates to the prohibition of torture and cruel, inhuman and degrading treatment or punishment. The Handbook fills a very important void since, in spite of the relevance of the topic for the protection of human rights, there are no publications for activists and academics alike that provide information and analysis on the Inter-American System’s contribution to eradicate torture.
We the Students is a highly acclaimed resource that has introduced thousands of students to the field of legal studies by covering Supreme Court issues that directly affect them. It examines topics such as students’ access to judicial process; religion in schools; school discipline and punishment; and safety, discrimination and privacy at school. Through meaningful and engagingly written commentary, excerpts of Supreme Court cases (with students as the litigants), and exercises and class projects, author Jamie B. Raskin provides students with the tools they need to gain a deeper appreciation of democratic freedoms and challenges, and underscores their responsibility in preserving constitutional principles. Completely revised and updated, the new, Fourth Edition of We the Students incorporates new Supreme Court cases, new examples, and new exercises to bring constitutional issues to life.
Brenda V. Smith and Jaime M. Yarussi
Sponsored by Ford Foundation
This publication is an excellent graphic novel for male youthful inmates, those under 18 years of age, which provides them vital information about possible exposure to sexual abuse in adult correctional settings. "The novel raises several important issues including: (1) the code of silence among inmates and correctional staff in a facility; (2) beliefs about protective pairing; (3) the experience of gender non-conforming inmates; and (4) and female staff as perpetrators of sexual abuse". It is a prime educational tool developed with the Inmate Education Standard, § 115.33 of the National PREA Standards released on May 17, 2012. A separate set of discussion questions are also available.
David Snyder and Martin Davies
International Transactions in Goods: Global Sales in Comparative Context explains the complex transactional structures common in international sales, from both an international and a domestic legal perspective. In a straightforward, accessible style, this course book sets out typical business models and commercial practices, including sample legal and commercial documents, and outlining the laws that govern them. Closely attuned to practice, this course book covers transactions on a commercial scale and gives full treatment not only to legal topics, but also payment, security, carriage, and insurance, addressing both traditional topics such as letters of credit, bills of lading, and the Incoterms, as well as modern practices like electronic funds transfers, and waybills. Martin Davies and David V. Snyder emphasize the strategic questions that lawyers and businesses face when negotiating and documenting deals, and when litigating transactions that have gone awry. As many of the strategies revolve around choice of governing law, the book treats not only international law, particularly the UN Convention on the International Sales of Goods (CISG), but also exemplary domestic laws from both common law and civil law jurisdictions, including the US Uniform Commercial Code (UCC), English law, French law, and German law.
This book is designed to be accessible to students and readers of all levels, whether from common law or civil law backgrounds, by providing basic explanations of fundamental theories and attitudes in international law, common law, civil law, and international business. The format includes the methods of different traditions, with extensive text familiar to civil law readers, case excerpts familiar to common law readers, and a large array of problems-based on real cases and transactions-to demonstrate the concepts and to practice and evaluate what You have been learned. The book also tackles current ethical and moral issues in international transactions, particularly the relation of law and contracting to environmental protection, workers' rights, and similar matters.
The U.S. Constitution opens by proclaiming the sovereignty of all citizens: “We the People.” Robert Tsai’s gripping history of alternative constitutions invites readers into the circle of those who have rejected this ringing assertion–the defiant groups that refused to accept the Constitution’s definition of who “the people” are and how their authority should be exercised.
America’s Forgotten Constitutions is the story of America as told by dissenters: squatters, Native Americans, abolitionists, socialists, internationalists, and racial nationalists. Beginning in the nineteenth century, Tsai chronicles eight episodes in which discontented citizens took the extraordinary step of drafting a new constitution. He examines the alternative Americas envisioned by John Brown (who dreamed of a republic purged of slavery), Robert Barnwell Rhett (the Confederate “father of secession”), and Etienne Cabet (a French socialist who founded a utopian society in Illinois). Other dreamers include the University of Chicago academics who created a world constitution for the nuclear age; the Republic of New Afrika, which demanded a separate country carved from the Deep South; and the contemporary Aryan movement, which plans to liberate America from multiculturalism and feminism.
Countering those who treat constitutional law as a single tradition, Tsai argues that the ratification of the Constitution did not quell debate but kindled further conflicts over basic questions of power and community. He explains how the tradition mutated over time, inspiring generations and disrupting the best-laid plans for simplicity and order. Idealists on both the left and right will benefit from reading these cautionary tales.
Stephen Wermiel and Lee Levine
New York Times Co. v. Sullivan, credited with defining the central meaning of the First Amendment, has protected the freedom of expression for the past 50 years. This compelling work of historical non-fiction focuses on the progeny of that decision, examining how Justice Brennan nurtured and developed the constitutional law of defamation and related claims.
The book draws on the previously unreported papers of Justice Brennan and several of his colleagues and, through them as well as author Stephen Wermiel's private interviews with Brennan, provides the authoritative historical account of how an important body of constitutional law came to be. The Progeny offers fresh insights with respect to both what the law means and the process by which it was formulated. This text tells a compelling story in which the Brennan and his fellow justices are the lead characters.
Given Sullivan's enormous impact on our rights to freedom of speech and press, this book is a must read for Supreme Court watchers, journalists, fans of legal history, and, of course, First Amendment enthusiasts.
International legal scholar Kenneth Anderson analyzes US-UN relations in each major aspect of the United Nations' work-security, human rights and universal values, and development-and offers workable, practical principles for US policy toward the United Nations. He addresses the crucial question of whether, when, and how the United States should engage or not engage with the United Nations in each of its many different organs and activities, giving workable, pragmatic meaning to "multilateral engagement" across the full range of the United Nations' work.
Understanding the Law of Zoning and Land Use Control, now in its Third Edition, is a comprehensive and clearly written text addressing zoning, land use, and environmental regulation in a national, jurisdiction-independent manner. It first sets out the constitutional framework for land use regulation in a discussion of the takings clause, followed by a discussion of the basic form of land use controls, Euclidian zoning, and then non-Euclidian regulations. Also discussed are administrative and legislative relief from land use controls, the bread and butter of a land use practice.
The book is divided into six parts:
Part 1: Fundamental Concepts: The Police Power, Takings, and Zoning
Part 2: The Zoning Forms of Action
Part 3: Economic Discrimination and Zoning
Part 4: Wetlands and Beaches
Part 5: Regulating the User, Not the Use
Part 6: Halting an Owner's Further Regulation
Since its founding in 1910--the same year as another national organization devoted to the economic and social welfare aspects of race advancement, the National Urban League--the NAACP has been viewed as the vanguard national civil rights organization in American history. But these two flagship institutions were not the first important national organizations devoted to advancing the cause of racial justice. Instead, it was even earlier groups -- including the National Afro American League, the National Afro American Council, the National Association of Colored Women, and the Niagara Movement - that developed and transmitted to the NAACP and National Urban League foundational ideas about law and lawyering that these latter organizations would then pursue.
With unparalleled scholarly depth, Defining the Struggle explores these forerunner organizations whose contributions in shaping early twentieth century national civil rights organizing have largely been forgotten today. It examines the motivations of their leaders, the initiatives they undertook, and the ideas about law and racial justice activism they developed and passed on to future generations. In so doing, it sheds new light on how these early origins helped set the path for twentieth century legal civil rights activism in the United States.
N. Jeremi Duru, Matthew Mitten, Timothy Davis, and Rodney Smith
Walter A. Effross
Corporate Governance examines in a practical and accessible way the legal concerns of today's shareholders, stakeholders, directors, officers, and their counsel, with a particular emphasis on drafting documents and developing procedures to anticipate and prevent problems.
Designed for use by students, practitioners, executives, and investors, the text includes excerpts from only the most important sections of judicial decisions. Extensive notes provide context from other courts, commentators, counsel, and businesspeople. Dozens of examples "ripped from the headlines" excerpted from actual corporate documents, and drawn from the "Great Books" and popular culture illustrate and illuminate key principles. New appendices offer specific suggestions for establishing, supporting, and advancing the reader's career in corporate governance practice.
The fully-updated Second Edition features:
- expanded coverage of emerging issues involving risk management, cybersecurity, the fiduciary duties of care and of loyalty, governance during Chapter 11 reorganizations, confidentiality and privacy, board diversity, "honest services" liability, proxy access, removal of executives for cause, internal pay equity, "say on pay" votes, corporate political contributions, forum selection, and social enterprises such as benefit corporations and B Corporations;
- more than fifty introductory questions identifying general themes that underlie the study, theory, and practice of corporate governance;
- hundreds of questions on, and a special list of, skill-building topics ideal for executive and/or associate training programs; practice-oriented client seminars; business law clinics and externships; and experiential learning courses such as Business Planning and Legal Drafting;
- annotated sample documents;
- detailed chapters on corporate social responsibility and on legal ethics;
- a "Shareholder's Menu of Corporate Governance Proposals/Preferences";
- a special index of considerations in drafting documents of corporate governance;
- an in-depth discussion of how to enhance one's professional network, credentials, career, and client-base by publishing, online or in hard copy, examinations of corporate governance topics; and suggested approaches, themes, and markets for such works; and
- a unique list of thirty often-overlooked governance-related career possibilities outside the law firm and in-house corporate models.
This book comprehensively assesses the law and science of climate change, as well as the policy choices for responding to this global problem. Given the all-encompassing reach of climate change, Climate Change and the Law allows students to study how the many different areas of law-public international law, public administrative law, federal environmental law, state and municipal regulations, and the common law-can be implicated in addressing a major social issue. This textbook thus provides students with an integrated experience to study law and an understanding of the many climate-related challenges facing the next generation of lawyers.
The book begins by exploring the international climate change regime, including a detailed investigation of emissions trading and the controversial regime for reducing greenhouse gas emissions through land use and forest management practices. It also explores options for a future international agreement in light of calls to reduce emissions by as much as 80 percent. The book also addresses how other international agreements can help spur climate change mitigation or adaptation, exploring, for example, whether petitions to list World Heritage Sites as endangered due to climate change and petitions to declare climate change a violation of human rights will advance global efforts to reduce greenhouse emissions.
The second edition of Climate Change and the Law has been updated to include the following: • The updated scientific findings, including information from the Fifth Assessment Report of the Intergovernmental Panel on Climate Change. • The decisions of the Parties to adopt a second commitment period to the Kyoto Protocol. • A discussion of the new rules for accounting emissions from forests and land use change under the Kyoto Protocol. • An update on the climate negotiations after the Copenhagen Accord, including negotiation of and implementation of the Cancun Agreements. • The state of play with regard to negotiations to build a new climate regime to take effect in 2020. • A focus on short-lived climate forcers such as methane and HFCs in a range of multilateral forums, including the International Civil Aviation Organization and the Arctic Council. • An expanded treatment of adaptation, particularly at the federal level in the United States. • A discussion of the U.S. EPA's efforts to value the social cost of carbon. • An updated overview of the U.S. approach to climate change since the 1970s. • An expansive discussion of the U.S. EPA's regulation of greenhouse gases under the Clean Air Act, including regulations and case law related to vehicle emissions and stationary source emissions. • A discussion of revisions to the Corporate Average Fuel Economy (CAFE) standards and Renewable Fuels Standards. • A reorganized discussion of energy policy, with a focus on renewable portfolio standards, net metering, feed-in tariffs, and the Public Utility Regulatory Policies Act (PURPA). •New information about states' implementation of the Regional Greenhouse Gas Initiative and California's preliminary experience with its cap-and-trade program.
Cynthia E. Jones