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David Hunter and Daniel Bradlow
To whom are international financial organizations accountable? This unusual book asks not only this searching question, but also examines the extent to which accountability is honoured – or evaded – by the International Monetary Fund, the World Bank Group, and the regional development banks (collectively the international financial institutions, or IFIs).
The fundamental recognition in this book is that the issue of what international legal principles are applicable to the operations of the IFIs is an important topic that would benefit from more rigorous study. Twelve deeply committed contributors – whose work spans the academic, policy, and activist spectrum – suggest that a better understanding of these legal issues could help both the organizations and their Member States structure their transactions in ways that are more compatible with their developmental objectives and their international responsibilities.
Five essays set out the general principles of international law that are applicable to the IFIs and consider how these are or should be evolving to produce IFIs that are respectful subjects of international law and accountable to all relevant stakeholders for their compliance with international law. Six more focus on selected aspects of the IFIs’ operations that both raise important and challenging international legal issues and that have substantial impacts on both the different stakeholders in the operations of the IFIs, and on the sustainability and success of the operations. Introductory and concluding essays frame the volume.
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David Hunter and Daniel D. Bradlow
To whom are international financial organizations accountable? This unusual book asks not only this searching question, but also examines the extent to which accountability is honoured – or evaded – by the International Monetary Fund, the World Bank Group, and the regional development banks (collectively the international financial institutions, or IFIs).
The fundamental recognition in this book is that the issue of what international legal principles are applicable to the operations of the IFIs is an important topic that would benefit from more rigorous study. Twelve deeply committed contributors – whose work spans the academic, policy, and activist spectrum – suggest that a better understanding of these legal issues could help both the organizations and their Member States structure their transactions in ways that are more compatible with their developmental objectives and their international responsibilities.
Five essays set out the general principles of international law that are applicable to the IFIs and consider how these are or should be evolving to produce IFIs that are respectful subjects of international law and accountable to all relevant stakeholders for their compliance with international law. Six more focus on selected aspects of the IFIs’ operations that both raise important and challenging international legal issues and that have substantial impacts on both the different stakeholders in the operations of the IFIs, and on the sustainability and success of the operations. Introductory and concluding essays frame the volume.
The many issues raised include the following:
• IFIs’ impact on economic policies in Member States;
• IFI operations as private financial transactions;
• IFIs as key players in the creation of international law;
• IFIs as promoters of the international capitalist system;
• IFIs as bearers of human rights obligations under international human rights law or as participants in the UN system;
• consequences of an IFI’s breach of its own internal policies or directives;
• IFI immunity;
• IFI capacity to sue and to be sued in national courts;
• ability of various claimants to sue IFIs in domestic courts;
• environmental and social rights and interests of third parties affected by IFI financing;
• right of indigenous people to give their free, prior, and informed consent to IFI operations that affect them; and
• IFIs’ treatment of workers’ rights.
Diverse perspectives in terms of experience, political viewpoint, and focus help define the topic with greater clarity and depth.
In its detailed and critical overview, the book demonstrates that the IFIs have important responsibilities under international law and a powerful capacity to influence the development of international law in a number of areas. It is sure to stimulate thought, debate, research, and action on the topic, and encourage more rigorous engagement between the IFIs and international lawyers.
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David Hunter, James Zalzman, and Durwood Zaelke
The most widely adopted text in the field, this comprehensive, multidisciplinary casebook analyzes the major treaty regimes (with an expanded climate chapter), as well as customary law principles. It emphasizes the dynamic nature of the law-making process, including global environmental diplomacy and the expanding role of non-state actors, including scientists, NGOs, and business. It presents the binding norms of international environmental law, and explains how international cooperation facilitates and strengthens global environmental governance through setting national priorities, coordinating bilateral and multilateral science, financing, technology sharing, and capacity building.
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Cynthia E. Jones, Peter J. Henning, Andrew Taslitz, 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 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.
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Candace S. Kovacic-Fleischer
This edition retains the organization of the seventh edition while thoroughly updating it. The first half of the casebook introduces injunctive relief, damages, restitution, and declaratory relief. The second half of the book creates opportunities to consider these four remedies in the context of tort and contract actions for various types of harm. The updates include recent United States Supreme Court cases on such topics as injunctive relief and punitive damages. New cases in the second half of the book feature such current topics as injunctions against defamatory statements and public nuisance actions against lead paint manufacturers.
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Candace S. Kovacic-Fleischer
The first half of Kovacic-Fleischer, Love, and Nelson’s Equitable Remedies, Restitution and Damages, Cases and Materials introduces injunctive relief, damages, restitution, and declaratory relief. The second half of the book creates opportunities to consider these four remedies in the context of tort and contract actions for various types of harm. The updates include recent U.S. Supreme Court cases on such topics as injunctive relief and punitive damages. New cases in the second half of the book feature current topics such as injunctions against defamatory statements and public nuisance actions against lead paint manufacturers.
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Sima Mirkin
While the Philip C. Jessup International Law Moot Court Competition Compendium set contains records of each year's Jessup Competition in separate volumes, this Subject Indexes & Finding Aids compilation covers the entire set. It is divided into five parts.
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Stephen Wermiel
A sweeping insider look at the life of William Brennan, champion of free speech and widely considered the most influential Supreme Court justice of the twentieth century
Before his death, William Brennan granted Stephen Wermiel access to volumes of personal and court materials that are sealed to the public until 2017. These are what Jeffrey Toobin has called “a coveted set of documents” that includes Brennan’s case histories—in which he recorded strategies behind all the major battles of the past half century, including Roe v. Wade, affirmative action, the death penalty, obscenity law, and the constitutional right to privacy—as well as more personal documents that reveal some of Brennan's curious contradictions, like his refusal to hire female clerks even as he wrote groundbreaking women’s rights decisions; his complex stance as a justice and a Catholic; and details on Brennan’s unprecedented working relationship with Chief Justice Earl Warren. Wermiel distills decades of valuable information into a seamless, riveting portrait of the man behind the Court's most liberal era.
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Paul Williams and Michael P. Scharf
Shaping Foreign Policy in Times of Crisis grew out of a series of meetings that the authors convened with all ten of the living former U.S. State Department legal advisers (from the Carter administration to that of George W. Bush). Based on their insider accounts of the role that international law actually played during the major crises on their watch, the book explores whether international law is real law or just a form of politics that policymakers are free to ignore whenever they perceive it to be in their interest to do so. Written in a style that will appeal to the casual reader and serious scholar alike, the book includes a foreword by the Obama administration's State Department legal adviser, Harold Koh; background on the theoretical underpinnings of the compliance debate; an in-depth case study of the treatment of detainees in the war on terror; and a comprehensive glossary of the terms, names, places, and events that are discussed in the book.
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Elizabeth Boals
Attorneys, order two copies of this book: one for yourself and one for your expert witness. It will give experts the confidence they need to be comfortable in court, and it will 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 as your guide. With the addition of Elizabeth Boals as a coauthor, the second edition expands and amplifies the original book with
- New guidance for experts and lawyers 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
- Additional examples of expert witness examinations and detailed discussion of techniques for coping with lawyer questioning
- Additional checklists for quick reference
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Barlow Burke and Robert Beck
This casebook explores the law of hard minerals, as opposed to oil and gas law. It presents the law dealing with mineral estates, mining easements, mineral leases, and mining operations on private land, with particular reference to state and federal regulatory schemes inherent in the federal Surface Mining Control and Regulation Act of 1977 (SMCRA), as amended. From the mine, the book follows the stream of commerce for coal to the electric utility plant, exploring its transportation and the energy and environmental law regulatory schemes applicable at many points along the way, with particular reference to utility rate regulation and the Clean Air Act amendments from the 1970s forward.
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Barlow Burke and Robert Beck
This casebook explores the law of hard minerals, as opposed to oil and gas law. It presents the law dealing with mineral estates, mining easements, mineral leases, and mining operations on private land, with particular reference to state and federal regulatory schemes inherent in the federal Surface Mining Control and Regulation Act of 1977 (SMCRA), as amended. From the mine, the book follows the stream of commerce for coal to the electric utility plant, exploring its transportation and the energy and environmental law regulatory schemes applicable at many points along the way, with particular reference to utility rate regulation and the Clean Air Act amendments from the 1970s forward.
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Angela J. Davis
What happens when public prosecutors, the most powerful officials in the criminal justice system, seek convictions instead of justice? Why are cases involving well-to-do victims often prosecuted more vigorously than those involving poor victims? Why do wealthy defendants frequently enjoy more lenient plea bargains than the disadvantaged? In this eye-opening work, Angela J. Davis shines a much-needed light on the power of American prosecutors, revealing how the day-to-day practice of even the most well-intentioned prosecutors can result in unequal treatment of defendants and victims. Ranging from mandatory minimum sentencing laws that enhance prosecutorial control over the outcome of cases, to the increasing politicization of the office, Davis uses powerful stories of individuals caught in the system to demonstrate how the perfectly legal exercise of prosecutorial discretion can result in gross inequities in criminal justice. For the paperback edition, Davis provides a new Afterword which covers such recent incidents of prosecutorial abuse as the Jena Six case, the Duke lacrosse case, the Department of Justice firings, and more.
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Robert Dinerstein, Stephen Ellmann, Isabelle Gunning, Katherine R. Kruse, and Ann Shalleck
Going beyond the basics of interviewing and counseling, this book examines practical and theoretical challenges lawyers face with clients. Each chapter explores a critical issue in interviewing and counseling, such as developing connection across difference; dealing with atypical clients; using engaged client-centered counseling; bringing narrative theory to bear on lawyer-client encounters; seeking truth; pursuing moral dialogue; discussing law; and understanding how expertise affects practice. The book investigates these issues primarily through detailed analysis of multi-layered lawyer-client conversations, arising in a variety of contexts, which invite the reader to consider and critique the lawyer’s choices. A key theme is “engaged client-centered lawyering,” which emphasizes the importance of client choice and the impact of lawyers on clients, and affirms lawyers’ ability, through attending to the evolving contexts of clients’ lives, issues of technique, ethics, and la
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Stephen Ellmann, Robert Dinerstein, Isabelle Gunning, Katherine Kruse, and Ann Shalleck
Lawyers and Clients: Critical Issues in Interviewing and Counseling examines practical and theoretical challenges lawyers face with clients. Each chapter explores a critical issue in interviewing and counseling, such as developing connection across difference, dealing with atypical clients, and using engaged client-centered counseling. Ellmann, Dinerstein, Gunning, Kruse, and Shelleck investigate these issues primarily through detailed analysis of lawyer-client conversations, which invite the reader to consider and critique the lawyer’s choices. A key theme is “engaged client-centered lawyering,” which emphasizes the importance of client choice and the impact of lawyers on clients, and affirms lawyers’ ability to achieve wise engagement with clients.
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Diane F. Orentlicher
This casebook provides a comprehensive, accessible, and up-to-date analysis of international human rights law. It emphasizes the relationship between the international, regional, and national legal systems (with a particular focus on the United States), features an intellectual and historical development of the idea of human rights, and analyzes recent developments in areas including corporate responsibility, terrorism and human rights, the rights of refugees, international criminal law, and the role of nongovernmental organizations. The first edition has been comprehensively revised and updated to address important and hot-button issues and topics in international human rights law.
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Nancy D. Polikoff
Beyond (Straight and Gay) Marriage reframes the family-rights debate by arguing that marriage shouldn't bestow special legal privileges upon couples because people, both heterosexual and LGBT, live in a variety of relationships-including unmarried couples of any sexual orientation, single-parent households, extended biological family units, and myriad other familial configurations. Nancy D. Polikoff shows how the law can value all families, and why it must.
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Andrew F. Popper
"Behind my house were 20,000 acres of woods. This was my ocean of great trees and saplings, fast streams and small lakes, ancient stone walls and tiring hills." From this opening, the stage is set for Grant Harper to go on the adventure of a lifetime, a secret trek with Jason Talbot that will change their lives forever. The quest takes them across an ice-covered forest and just when it seems they have acquired the holy grail, the location of Lone Pine, things go terribly wrong.
Jason, the slightly older guide of this ill-fated trek, simply vanishes leaving Grant many miles from home and lost. His strength and perseverance become evident as he makes his way back, but those attributes prove insufficient to face unrelenting inquiries that cover the next two decades. From this hike, through his teenage years, and well into adulthood, Grant is plagued by this disappearance, investigated, suspected, and haunted by something evident and inexplicable.
Hannah and Mickey, Grant’s best and at times only friends, join him in a search that takes them well into adulthood. The ordinary challenges of life are magnified by their times; it is now 1969. Vietnam and the draft lottery paint an uncertain future, and Hannah, normally the anchor in the group, finds herself in conflicted relationships with both. By 4:00 am on the night of the lottery, Mickey knows he is headed to serve his country, to Vietnam, and Grant not - and everything changes.
What follows is an extraordinary tale of being lost and then found, of perseverance, an insatiable quest moving from a steamy courthouse in Albany, Mickey’s life now in the hands of Grant and Hannah, and back to that same forest.
Be prepared to explore one of the classic disappearance mysteries of our time. This winner of the Maryland Writer’s Association award will render you a spectator of love, unforgettable friendships, acts of courage, and obsessions that blind the best and worst among us.
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Paul Rice
Electronic Evidence: Law and Practice explores the range of problems encountered with electronic communications from discovery to trial, and offers practical solutions to both existing and potential problems. Particular emphasis is given to the unique problems evolving around the way in which parties are asserting the attorney-client privilege and judges are applying it to e-mail communications.
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Paul Rice
In the same tradition of prior editions, this Sixth Edition examines and presents each evidence topic in the following format:
- Common Law: The authors introduce this topic through narrative explanations of the common-law principles.
- Federal Rules of Evidence: This edition presents the applicable Federal Rule of Evidence with a brief overview of how that rule changed the common law. Judicial opinions exploring contemporary issues then follow. This portion of the materials most closely resembles the classical law school casebook.
- Relationship to Other Rules: At the end of each topic, the discussion centers on how the rule under study is part of a larger cohesive code and works in conjunction with other rules.
- Problems: To broaden students' learning experience and give them an opportunity to test the level of their understanding of basic principles, each subject area ends with hypotheticals taken from recent cases.
In this latest edition, the authors reduced the size of the text by deleting and abbreviating lengthy and complicated opinions, producing narrative summaries and more manageable opinions, and excising lengthy articles and excerpts. These changes simplify and clarify the learning experience. In practice, the subject of evidence is large, deep, and complex, particularly when examining existing problems with the Federal Rules of Evidence, teasing out inconsistencies in them, accounting for constitutional implications when the Confrontation and Due Process Clauses are incorporated, applying traditional rules to digital evidence, and evaluating the necessity of modernizing the codified rules.
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Rita J. Simon
As of 2007, more than 9.25 million people were imprisoned worldwide. Almost half of the persons imprisoned are in the United States, China and Russia. The United States has more persons in prison per capita than any country in the world. Prisons The World Over offers a comprehensive overview of prison demographics and conditions for each of the following countries: United States, Canada, Argentina, Brazil, France, Germany, Great Britain, Italy, Sweden, Hungary, Poland, Russia, Israel, Egypt, Iran, Nigeria, South Africa, India, China, Japan, and Australia. The book includes reports on the number of prisoners, the rate per population, the percent of female prisoners, the number of penal institutions and their occupancy level, and the number of privately run prisons Also reported are the offenses for which the inmates are interred, the average length of incarceration, the availability of parole, conditions in the prisons, the availability of educational and work programs, provisions for children of female prisoners, the availability and quality of medical care, the characteristics of the prison staff, the visitation rights of prisoners, and the presence and treatment of political prisoners.
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Rita J. Simon
In this eleventh volume in The World Over series, Simon and Brooks examine and compare the rights and responsibilities of citizenship across twenty-one countries. The countries included are Canada, the United States, Argentina, Brazil, Great Britain, France, Germany, Italy, Sweden, Hungary, Poland, Russia, Israel, Egypt, Iran, Nigeria, South Africa, India, China, Japan, and Australia. In addition to reporting on the rights that citizens enjoy in these countries, as for example the right to run for and hold public office, vote, obtain scholarships, and hold government positions, the authors also describe the responsibilities that are attached to the role of citizen_for example, to serve in the military, serve on a jury, and pay taxes. When available, Simon and Brooks report on public opinion data on how proud respondents are of the country in which they are citizens, as measured by such variables as whether they would rather be a citizen of their country over any other country in the world, how proud they are of their country's political influence in the world, how democracy works in their country, and whether they believe they should support their country even if it is in the wrong. Following a brief chapter on the history of citizenship, the book is organized such that the first section provides a country-by-country profile of each of the issues describing rights and responsibilities and reports on the public opinion data. The second part is explicity comparative and describes the countries against each other.
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Claudio Grossman, Claudia Martin, and Diego Rodriguez-Pinzon
Moot Court competitions constitute an alternative model of human rights training, giving students the skills to contribute to the development of international human rights law and thus make them qualified advocates for human rights change in their home countries and abroad. By focusing on the perfection of oral as well as written skills, participants are more likely to be successful not only in cases brought before their home courts, but in front of international tribunals and other organs. Such competitions have opened the doorway for more human rights classes in law schools, more clinical training programs, more NGOs dedicated to human rights law, and overall more lawyers dedicated to participating in an expanded notion of a human rights community. As demonstrated in this volume, moot court competitions have revolutionized human rights legal education in Africa, Europe and the Americas.
The yearly Inter-American Human Rights Moot Court Competition was established in 1995. The full text of the hypothetical cases, bench memoranda, and winning memorials from the first ten years of this Competition are included as a resource to be used creatively by scholars, NGOs, international organizations, governments, practitioners, students, etc., to further promote human rights legal obligations.
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Lewis Grossman and Robert Vaughn
This supplement uses the actual litigation documents from Anderson v. Cryovac, the toxic torts case portrayed in Jonathan Harr's best seller A Civil Action to explore issues in civil procedure. It can be used in conjunction with Harr's book and any civil procedure casebook to teach the first-year civil procedure course. It can also serve as the sole text for an advanced litigation class. The authors have arranged the documents from the case topically to illustrate every phase of the litigation process from notice to appeal. Their extensive notes and comments contain informative analysis of the legal, tactical, and ethical issues.
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