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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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David Hunter
The Yearbook of International Environmental Law has established itself as a vital source of information and analysis in an increasingly important legal field. The contributors for this volume are drawn from leading figures around the world who, together with the expert team of editors, have created the best source of information on world-wide events in this field. The article section contains top-quality essays on topical subjects; the year-in-review section offers a round-up of legal developments in every part of the world.
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Andrew F. Popper
Bordering on Madness is a novel about a battle between a university and a community over proposed construction of a new campus facility. As the land use fight ripens, the homeowners and university become combatants. The opposition becomes the enemy, depersonalized and reprehensible.
From a teaching perspective, the novel allows for discussion of conventional and unconventional land use strategies as well as the development of a number of issues: When does one person have the right to control the lawful use of property owned by another? When does aggressive advocacy become unethical, unacceptable misconduct? What is the role of government when it comes to disputes between those opposed to development and those seeking approval of a proposed project? What are the best ways to handle the anger and frustration of individuals threatened by what they perceive as destructive change? -
Andrew F. Popper, Patricia E. Salkin, and David Avitabile
The Companion to Bordering on Madness: An American Land Use Tale, Second Edition expands the issues raised in the novel using cases, scholarship and case studies. The text serves as a foundation to understand select doctrine, theory and strategy applicable to conflicts between developers and those who oppose development. Land use is an area in which law and government become personal, direct, immediate, and, quite literally, tangible. Land use cases set the parameters for the structures in which we live, the vistas (or lack thereof) we experience quite literally, the sights, sounds and air that surround us. The mission of this text is to provide a window into this dynamic field.
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Robert Tsai
This provocative book presents a theory of the First Amendment’s development. During the twentieth century, Americans gained trust in its commitments, turned the First Amendment into an instrument for social progress, and exercised their rhetorical freedom to create a common language of rights.
Robert L. Tsai explains that the guarantees of the First Amendment have become part of a governing culture and nationwide priority. Examining the rhetorical tactics of activists, presidents, and lawyers, he illustrates how committed citizens seek to promote or destabilize a convergence in constitutional ideas. Eloquence and Reason reveals the social and institutional processes through which foundational ideas are generated and defends a cultural role for the courts.
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Angela Davis and Michael Tigar
This book tells the stories of nine iconic trials. The themes of these cases include treason, racial justice, the death penalty, fraud, personal rights, women’s rights, product safety, and corporate misdeeds. The chapters show lawyers at work, creating a relationship with a litigant seeking justice, and then taking that claim into the courtroom. These chapters are excellent vehicles for teaching all the elements of trial advocacy, including jury selection, opening statement, direct and cross-examination, use of expert testimony, and closing argument. The book shows us that advocacy does make a difference, and that advocacy skills can be taught and learned.
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Paul Williams, Matthew Simpson, and Christina Sheetz
The Public International Law & Policy Group's (PILPG) Peace Agreement Drafting Guide: Darfur is a comprehensive peace agreement drafting handbook tailored to the upcoming Darfur peace negotiations. The drafting guide presents core elements of relevant topics, outlines the Darfur Peace Agreement (DPA) provisions related to those topics, and provides sample language parties may wish to consider when drafting future provisions. The Darfur Peace Agreement is divided into six chapters: Power Sharing, Wealth Sharing, Ceasefire and Final Security Arrangements, Darfur-Darfur Dialogue and Consultation, General Provisions, and Implementation Modalities and Timelines. The Darfur Peace Agreement also includes six annextures detailing previous agreements reached by the parties, including those negotiated in N'JDjamena, Chad; Addis-Ababa, Ethiopia; and Abuja, Nigeria. PILPG's Peace Agreement Drafting Guide: Darfur draws on the subject matter addressed in the DPA chapters and annextures and identifies 24 topics covered by the DPA. Each of the 24 chapters of this drafting guide is dedicated to one of those topics. These topics include power sharing, wealth sharing, human rights protections, ceasefire and disarmament, demobilization, and reintegration, among others. Each chapter is divided into four sections including: an introduction, analysis of the core elements of each topic, a summary of the DPA language related to the topic, and sample language the parties may wish to consider when drafting provisions related to the topic. While the DPA is organized by subject matter, the 24 chapters of the Peace Agreement Drafting Guide: Darfur are organized alphabetically for ease of use. The Core Elements section of each chapter presents comparative state practice regarding the various mechanisms parties may use to address the topic covered in each chapter. The section headings within each core elements chapter correspond to the Sample Language provisions included later in each chapter. For example, the Core Elements section of the Displaced Persons chapter identifies the issues encountered by states with displaced persons and outlines the mechanisms states have used to facilitate the return of displaced persons. The Darfur Peace Agreement section of each chapter then outlines the provisions of the DPA that address the topic covered in each chapter. For example, the Darfur Peace Agreement section of the Displaced Persons chapter outlines how the DPA defines displaced persons, provides guarantees by all parties regarding the return of displaced persons, defines the rights of the displaced persons, and creates implementation and enforcement mechanisms to facilitate the return of displaced persons. Finally, the Sample Language section of each chapter provides language parties may wish to consider when drafting provisions of a peace agreement that address the topic covered in each chapter. This sample language is drawn from related provisions used by other states in peace negotiations, post-conflict constitutions, and various legislation. The Sample Language is organized to correspond to the section headings presented in the Core Elements section. For example, the Sample Language of the Displaced Persons section provides possible definitions of displaced persons, mechanisms states have used to guarantee safety to displaced persons returning to their places of origin, various provisions states have used to grant rights to displaced persons, and institutional mechanisms states have created to enforce the rights of displaced persons. Please see the Table of Contents of the Peace Agreement Drafting Guide: Darfur for a full list of topics covered in this peace agreement drafting handbook.
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Jonathan Baker and M. Howard Morse
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Padideh Ala'i, Tomer Broude, and Colin Picker
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Susan Carle
Legal ethics should be far more than a set of rules on professional responsibility; they can serve as a means for changing power relations, empowering the disenfranchised, and advocating progressive social change. Lawyers’ Ethics and the Pursuit of Social Justice broadens the discussion on legal ethics by first introducing the historical and theoretical background and then connecting it to real world issues while addressing lawyers' ethical obligations to work for social justice.
The reader features differing critical approaches and opens up new avenues of ethical debate. While the literature included is diverse and interdisciplinary, it shares a vision of legal ethical inquiry as a means for changing power relations, empowering the disenfranchised, and advocating progressive social change. Through a combination of provocative selections, lively writing, concrete examples of cases and social movements, and incisive editorial commentary, Lawyers’ Ethics and the Pursuit of Social Justice defines the emergence of an exciting new field of critical legal ethics scholarship. -
Herman Schwartz
Right Wing Justice raises the alarm about the creeping conservative campaign to "pack" America's courts with judges more identified with their ideological affiliation than their skill or regard for the Constitution. The consequence is that the rule of law is taking a terrific beating from the Supreme Court. Who can forget the debacle of Election 2000? But the consequences of the campaign go far deeper than that, impinging on the daily lives of ordinary Americans who are at the receiving end of attempts to overturn or erode Supreme Court rulings on abortion, school prayer, civil rights, criminal justice, and economic regulation. As the author shows, the problem does not end at the Supreme Court—it filters down to the lowers courts and circuits. Right Wing Justice gives an alarming account of how this has come to pass over the last two decades, how conservative activists hatched this strategy in the 1960s only to see it really come of age during the Reagan revolution and the successive Republican administrations. Combining a scholar's sense of history with the immediacy of eyewitness testimony, Right Wing Justice will come not only as a sobering reading to many concerned Americans—but also as a call to wake-up.
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Jamin B. Raskin
The Supreme Court has recently issued decisions announcing that citizens have neither a constitutional right to vote, nor the right to an education. Conservative judges have continually disavowed claims to any rights not specifically mentioned in the Constitution. In "Overruling Democracy, " celebrated law professor Jamin B. Raskin, argues that we need to develop a whole new set of rights, through amendments or court decisions, that revitalize and protect the democracy of everyday life. Detailing specific cases through interesting narratives, "Overruling Democracy" describes the transgressions of the Supreme Court against the Constitution and the people - and the faulty reasoning behind them -- and lays out the plan for the best way to back a more democratic system.
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Herman Schwartz
"In the former Eastern Bloc countries, one of the most difficult and important aspects of the transition to democracy has been the establishment of constitutional justice and the rule of law." Herman Schwartz's wide-ranging book, backed with rich historical detail and a massive array of research, is the first to chronicle and analyze the rise and troubles of constitutional courts in this changing region.
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Herman Schwartz
For nearly all his tenure as Chief Justice of the Supreme Court, William Rehnquist has enjoyed the support of a slim but usually solid majority of his fellow justices. With it he has been able to effect a dramatic shift to the right in many vital areas of constitutional law. Displaying a judicial activism not seen since the 1930s, Rehnquist and his allies, in a series of 5-4 decisions, have undermined civil rights and weakened the federal government's ability to respond to pressing social needs.
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