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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.
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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.
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Jamin Raskin
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.
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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.
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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. -
Robert Tsai
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.
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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. -
Kenneth Anderson
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.
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Barlow Burke
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 -
Susan Carle
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
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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.
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David Hunter
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.
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Cynthia E. Jones
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Richard Merrill, Peter Hutt, and Lewis Grossman
Approximately 25 cents out of every dollar spent by American consumers is for a commodity regulated by the Food and Drug Administration. The agency has jurisdiction over food, drugs, cosmetics, medical devices, biological products, animal food and drugs, and tobacco products, as well as electronic products that emit radiation and products that spread communicable disease. FDA regulation thus touches the production and sale of most products that fill the shelves of our supermarkets and drug stores and virtually every product prescribed or used by the medical profession. The agency’s responsibilities range from the simplest foods and personal care products to the most technologically sophisticated innovations of biotechnology and medical engineering.
Food and Drug Law is the law governing the actions taken by FDA and its sister agencies to oversee the safety of this vast universe of products, to ensure that their labeling (and in some cases advertising) is accurate and informative, and to shepherd safe and effective new products onto the market.
The book contains many court cases, but to reflect the diverse forums in which food and drug law is developed and enforced, the text also contains many other types illustrative materials: Federal Register preambles, warning letters, regulatory guidance documents, Congressional hearing testimony, scholarly articles, newspaper opinion pieces, and many others. In addition, the book offers a generous amount of original content, in which the authors guide the reader through the complexities of the statutory and regulatory scheme. Moreover, like past editions, the Fourth Edition includes numerous illuminating notes, which offer a gold mine of fascinating examples of the law in action.
The Fourth Edition, like previous editions, is extraordinarily valuable for practitioners. But notably, the book has been reorganized and edited so as to make it more useful than ever for students and professors. Much important contextual material has been moved to the front of the book, so students will grasp essential administrative, jurisdictional, federalism, and enforcement issues before mastering the intricacies of the product-specific chapters. The casebook thus provides an introductory window into administrative law for students who have not yet taken the basic Administrative Law course, as well as for first year students taking Food and Drug Law as an elective. The chapter on human drugs has been thoroughly reorganized to improve its comprehensibility. Throughout the book, other changes to organization and presentation have been made with professors and students in mind.
The Fourth Edition is completely updated through the early fall of 2013. It includes a new chapter on tobacco regulation to reflect the responsibilities FDA acquired under the Family Smoking Prevention and Tobacco Control of 2009. It also incorporates all the other statutory amendments since 2007 (for example, the Food and Drug Administration Act, the Food Safety Modernization Act, and the Food and Drug Administration Safety and Innovation Act). Every major development of the past six years is addressed, from the significant First Amendment cases to the preemption of tort suits to the drug compounding crisis to the regulation of bioengineered salmon. -
Christina Motta and Macarena Saez
Translated and updated from the seminal Spanish text on legal decisions affecting gender and sexuality in Latin America, this English edition is the only law text to focus specifically on the rights of lesbians, gays, bisexuals and the transgender population in addition to women’s rights more broadly. The volume provides close analysis of some of the most important decisions made by Latin American national courts, as well as those made by international legal bodies, that affect the rights and interests of these groups. Specially selected for their depth of argument and value as exemplars, the studies of good legal practice chart the path of the region’s normative values of justice as they have evolved away from a partial, and patriarchal, exercise of the law. They show how cases with vastly differing contexts such as, property rights and domestic violence have resulted in a mixed body of Latin American law. Some decisions are protective of women’s and minority rights. Some assess the wider social impacts of case law in which recognition of the discrete legal identities within households challenges established precepts, including religious ones. Other cases have been chosen as cautionary examples of bad decision-making and for the poverty of their legal debate. Updated to include the latest relevant jurisprudence from across the continent, this book is an informed, cohesive and comprehensive guide to understanding women’s and gender-based rights in Latin America.
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The Progeny: Justice William J. Brennan's Fight to Preserve the Legacy of New York Times v. Sullivan William J. Snape III
Biodiversity and the Law is a timely and provocative volume that combines historical perspective and cutting-edge legal analysis in an authoritative and broad discussion of biodiversity and the law. Leading legal and policy experts consider a variety of options for the worldwide protection of biodiversity and present a succinct but comprehensive overview of the legal mechanisms available. They examine how conservation advocates can better utilize existing law, and consider what new law is needed.Among the topics considered are: scientific and policy foundations of biodiveristy protection domestic efforts to establish an effective endangered species protection regime international biodiversity protection biodiversity as a genuinely public entity the future of biodiversity law Contributors include Mollie Beattie, Don Waller, Jason Patlis, Lindell Marsh, Todd Olson, Peter Jenkins, Suzanne Iudicello, John Pendergrass, Dinah Bear, Walter Kuhlmann, Rodger Schlickeisen, David Downes, and others.
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International Law & the Resolution of Central and East European Transboundary Environmental Disputes Paul Williams and Michael P. Scharf
This popular casebook exposes students to the most significant current legal issues relating to international organizations in a stimulating format, employing debates, simulations, and role-play exercises. The chapters cover international organizations related to peace and security, human rights, the environment, and the global economy, both within and outside of the UN system. The third edition updates all of the existing chapters, and adds new chapters addressing the role of international organizations in matters of humanitarian intervention, self-determination, and nuclear nonproliferation.
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Susan D. Bennett, Brenda Bratton Blom, Louise A. Howells, and Deborah S. Kenn
Community Economic Development Law: A Text for Engaged Learning provides a flexible set of materials that faculty can customize to meet the goals of the stand-alone community development class, or the pedagogical needs of community development law clinics. The text enables students to approach the substantive material as would problem-solving, community-based practitioners. They do so by entering the community of Ourfuture City, whose Old World immigrants built a vanished industrial prosperity; and of its neighborhood, Milkweed Park, whose new immigrants and long-time residents confront the stresses of physical and financial isolation, racial segregation and economic disinvestment. Students assume the roles of advisors and advocates for the families, teachers, clergy, bankers, entrepreneurs, non-profits, public institutions, and activists of this prototypical struggling municipality.
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Karen B. Brown and David V. Snyder
This title presents twenty-nine topics, prepared by leading scholars in more than 20 countries, providing a comparative analysis of cutting-edge legal topics of the 21st century. Considering topics of vital moment to contemporary legal scholars, the title includes pieces on Surrogate Motherhood, The Balance of Copyright in Comparative Perspective, International Law in Domestic Systems, Constitutional Courts as "Positive Legislators," Same-sex Marriage, Climate Change and the Law, The Regulation of Private Equity, Hedge Funds, and State Funds, and Regulation of Corporate Tax Evasion. Each chapter surveys legal developments in the U.S. and Canada, Europe, Asia, Latin and South America, Africa, and the Middle East in a format that permits the reader easy access to similarities and differences in the approaches of the selected national regimes. This comprehensive volume tells the story of parallel trends in the evolution of legal doctrine despite jurisdictional, cultural, and political barriers. While each of the covered countries stands alone as a sovereign, in a technologically advanced world their disparate systems nonetheless have converged to adopt comparable strategies in dealing with complex legal issues. The volume is a critical addition to the library of any scholar hoping to keep abreast of the major trends in contemporary law.
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Andrew Guthrie Ferguson
It’s easy to forget how important the jury really is to America. The right to be a juror is one of the fundamental rights guaranteed to all eligible citizens. The right to trial by jury helped spark the American Revolution, was quickly adopted at the Constitutional Convention, and is the only right that appears in both the Constitution and the Bill of Rights. But for most of us, a jury summons is an unwelcome inconvenience. Who has time for jury duty? We have things to do.
In Why Jury Duty Matters, Andrew Guthrie Ferguson reminds us that whether we like it or not, we are all constitutional actors. Jury duty provides an opportunity to reflect on that constitutional responsibility. Combining American history, constitutional law, and personal experience, the book engages citizens in the deeper meaning of jury service. Interweaving constitutional principles into the actual jury experience, this book is a handbook for those Americans who want to enrich the jury experience. It seeks to reconnect ordinary citizens to the constitutional character of a nation by focusing on the important, and largely ignored, democratic lessons of the jury.
Jury duty is a shared American tradition. It connects people across class and race, creates habits of focus and purpose, and teaches values of participation, equality, and deliberation. We know that juries are important for courts, but we don’t know that jury service is important for democracy. This book inspires us to re-examine the jury experience and act on the constitutional principles that guide our country before, during, and after jury service.
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Peter J. Henning, Andrew Taslitz, Margaret L. Paris, Cynthia E. Jones, and Ellen S. Podogor
Mastering Criminal Procedure, Volume 2: The Adjudicatory Stage focuses on the process of a criminal case from the filing of charges against a defendant through the pre-trial and trial stages of the prosecution, and then post-conviction proceedings. This concise guide treats the leading Supreme Court decisions along with a range of statutes and rules that govern the process by which a criminal charge is adjudicated. A number of constitutional protections apply in a prosecution, including the right to a jury trial, confrontation of witnesses, the prohibition on excessive bail, and protection from double jeopardy. A number of procedural rules come into play, including discovery rights, jurisdiction and venue, and post-conviction proceedings, including habeas corpus.
This broad range of topics is explained clearly and succinctly to allow students to master the key concepts and rules related to the adjudication of a criminal prosecution. The authors have experience as prosecutors and defense counsel and have written extensively in the fields of criminal law, criminal procedure, and evidence. -
Sarah Krakoff and Ezra Rosser
Legal and environmental concerns related to Indian law and tribal lands remain an understudied branch of both indigenous law and environmental law. Native American tribes have a far more complex relationship with the environment than is captured by the stereotype of Indians as environmental stewards. Meaningful tribal sovereignty requires that non-Indians recognize the right of Indians to determine their own relationship to the land and the environment. But tribes do not exist in a vacuum: in fact they are deeply affected by off-reservation activities and, similarly, tribal choices often have effects on nearby communities. This book brings together diverse essays by leading Indian law scholars across the disciplines of indigenous and environmental law. The chapters reveal the difficulties encountered by Native American tribes in attempts to establish their own environmental standards within federal Indian law and environmental law structures. Gleaning new insights from a focus on tribal land and property law, the collection studies the practice of tribal sovereignty as experienced by Indians and non-Indians, with an emphasis on the development and regulatory challenges these tribes face in the wake of climate change. This volume will advance the reader's knowledge and understanding of these challenging issues.
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Binny Miller, David Ray Papke, Christine A. Corcos, Melissa Cole Essig, Peter H. Huang, Lenora P. Ledwon, Diane H. Mazur, Carrie Menkel-Meadow, and Philip N. Meyer
The United States is the world's most legalistic nation not only because of its laws, lawyers, and courts but also due to the amount, variety, and appeal of its law-related popular culture. This large body of materials and experiences profoundly affects what Americans expect from their legal institutions and government. Indeed, might it be true that pop cultural law is more important in shaping the lay public's assumptions and expectations than are actual laws and real-life courtroom proceedings? Law and Popular Culture is the first classroom text to examine the full range of American law-related popular culture. Designed primarily for law school use, the text examines the most influential pop cultural media film, radio, television, and inexpensive fiction but each of the text's 14 chapters begins with a list of five readily available Hollywood films that are relevant to that particular chapter. Instructors might screen selections from these lists in conjunction with their courses. After an introduction to the study of popular culture and an outline of the text's goals, the chapters themselves fall into two categories. Half concern the pop cultural portrayals of legal institutions and actors law schools, the legal profession, clients, witnesses, judges, and juries. The second half concern assorted areas of law Constitutional Law, Criminal Law, and Torts from the first-year curriculum and Business Law, Family Law, International Law, and Military Law from standard upper-level electives. Instructors might use the text at the pace of one chapter per week for an entire semester or pick and expand upon selected chapters as they think best.
Overall, Law and Popular Culture underscores and scrutinizes the immense role popular culture plays in shaping the American legal consciousness. Teachers and students alike can use the text to explore what Americans expect from their law and legal institutions while at the same time honing their understanding of law and of the meaning of justice under law.
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