Recent Acquisitions at the Marquette Law Library

"In 1838, a group of America's most prominent Catholic priests sold 272 enslaved people to save their largest mission project, what is now Georgetown University. In this groundbreaking account, journalist, author, and professor Rachel L. Swarns follows one family through nearly two centuries of indentured servitude and enslavement to uncover the harrowing origin story of the Catholic Church in the United States. Through the saga of the Mahoney family, Swarns illustrates how the Church relied on slave labor and slave sales to sustain its operations and to help finance its expansion." --Amazon.com

Provides maps and satellite photography that reflect the most recent political, economic, and demographic statistics, and presents articles addressing environment and population issues as exist in major cities of the world

"Rules to Win By: Participation and Power in Union Negotiations is a book for anyone who wants to understand how to build the power required to effectively challenge and reverse income inequality and attacks on democracy. Drawing insights from recent hard-won unionization and contract negotiation fights, Jane McAlevey and Abby Lawlor use lessons from some of the toughest fights today--preparing a durable, all-out strike in a union-hostile environment--to provide a masterclass in participatory social change, indispensable both within and beyond the workplaces where we spend half of our waking lives. In an era of polarization, big lies, and massive legislative setbacks, changemakers in every arena need to learn the skills and lessons honed in pitched battles against experienced and ruthless union busters. Rules to Win By is a book for workers, unionists, racial justice and climate campaigners, academics, policymakers and everyone who wants a more fair and democratic society." -- Publisher's description

"Relational egalitarians propose that the ideal of equality is primarily an ideal of social relations. Yet contemporary workplaces are characterized by hierarchical employer-employee relationships. This raises an urgent practical question: are the employment relationship and other workplace arrangements consistent with the relational egalitarian ideal? That in turn raises a theoretical question: what precisely does relational equality consist in? This book collects papers by moral and political philosophers and normative business ethicists addressing these questions, which are particularly urgent at a time of widening inequality and rapid changes in the nature of work. Contemporary moral and political philosophy has not paid enough attention to the workplace as a site where political power is wielded and questions of moral standing are raised. Business ethics has not paid enough attention to whether and how the relational egalitarian ideal applies to the ethics of workplace arrangements and organizational leadership. Bringing the relational egalitarian ideal to bear on the workplace promises to address these shortcomings. To this end, the contributors to this book respond to two overarching questions. First, they consider whether the relational egalitarian ideal really applies to the workplace; and second, they consider what workplace relations and workplace actors would have to be like in order to realize this ideal. In examining these two questions, the contributors illuminate a number of fraught topics: religious liberty and worker entitlements, the comparative view of discrimination, the distribution of human capital, the value of self-employment, the legitimacy of employer directives, and the ideological underpinnings of hierarchy"-- Provided by publisher

"In The Power of Money, economist Paul Sheard distills what money is, how it comes into existence, and how it interacts with the real economy"-- Provided by publisher

"Covering the Six Facets of today's society and how they are successfully addressed by Restorative Practices, [the author] examines new ways of approaching the world's political upheaval, civil strife, spiritual malaise and how it's all playing out in a post-COVID world. ... [She] provides case studies of how restorative communities large and small are taking back our society in a positive, productive and hopeful movement toward a more just and equitable life. [This is] a much-needed, non-partisan message backed by empirical data and government-sanctioned experiments in direct democracy for every fact of modern life." -- Back cover

"Melissa Schwartzberg and Eric Beerbohm collect nine essential responses to the problem of remedying injustice and fragmentation. These chapters address questions of reparations for slavery, the historical wrongs of colonialism, and the difficulties of meaningful public apologies"-- Provided by the publisher

"This is a sweeping narrative of American Domestic Public Policy-its triumphs, struggles, and failures over the past one hundred and twenty years. In a larger sense, it is a reflection on how the United States has grown and matured, faced challenges and opportunities, and how its federal leaders and policymakers have responded or failed to address pressing problems. Moreover, American public policy addresses the hurdles and challenges that still lie ahead. Four critical questions are posed and answered. First, what were the most significant adversities endured by the American People? Second, what were the landmark domestic policies crafted by the president, enacted by Congress, or issued in Supreme Court decisions? Third, what did the federal policy makers fail to do? Finally, how well have federal policymakers met the challenges facing America: income, inequality, racism, financial crises, terrorist attacks, climate change, gun violence, and other pressures? And what do we still need to do?"-- Provided by publisher

"Multinational Sources Compared" 2nd ed., is a finding aid designed to direct researchers to sources most likely to cover 336 legal subjects and particular jurisdictions, with a fairly comprehensive list of resources available to researchers in either print or electronic formats. To enhance the usefulness and function of this resource, the entries include data points such as jurisdictions covered. The authors used the resource itself or a publisher's description to understand and briefly summarize/describe topical and jurisdictional coverage. Jurisdictional coverage of multinational resources is ephemeral, especially with the updating that takes places on various databases. To help keep this resource current, a stand-alone, fully searchable database in HeinOnline accompanies this print work. This database will be regularly updated, allowing for the addition of new resources, for updated jurisdictions, and for adding or modifying subjects as the law progresses. This new print edition continues to consult English-language legal information publishers and sift through their product offerings, adding publishers to the review list along the way. Many legacy titles are still updated and maintained (such as 'Trademarks Throughout the World'), while others remain accessible to researchers in certain formats but are no longer updated (such as "Domain Names: Global Practice and Procedure"). Additionally, "global guides" are moving away from offering a traditional bound volume, to a flexible practitioner-written 'Q&A guide' format. Also, this edition incorporates a growing category of materials: comparative monographs, which typically feature a collection of jurisdictional essays written on a specific and focused topic. It contains nearly 60 new subject headings added as needed over the last several database updates. Other updates are designed to make the work easier to use. For example, while the first edition began the author/editor field with the first author or editor's last name, the author/editor field in the second edition has been changed to conform with Rule 15 of The Bluebook (21st ed. 2021). Other updates include conforming the different types of monographs or supplements to the descriptor 'bound volume,' and making the list of format types more consistent. Researchers will find this second edition, along with the stand-alone, fully searchable database in HeinOnline, helpful and useful"--Publisher

"This special issue is part one of a two-part edited collection on interrupting the legal person, and what this means. Should we think of the legal person as a technical and grammatical question that varies across different legal traditions and jurisdictions? Does this cut across different ways of living and speaking law? The chapters in this volume interrogate the role of the person and personhood in different contexts, jurisdictions, and legal traditions. This volume is an appealing read for anyone interested in rich contemporary conversations around legal personhood, and in interrupting and interrogating assumptions which we may take for granted." -- Back cover

"'Severino's Law and Chance contains a most lucid presentation of a fundamental aspect of his vast philosophical oeuvre: a continuing confrontation with epistemology and with the theories of contemporary science. Severino highlights the shift between the deterministic paradigm that characterized modern science up to the end of the 19th century and the logic that governed science after Einstein's relativity and the developments of quantum theory. The possibility of determining the laws of chance constitutes a revolution for the entirety of the contemporary technical-scientific system. However, what does chance mean? Does chance already presuppose an order? What turns an event into an instance of chance, if not its being part of an order? Is there then a law that precedes every law of chance? These are some of the questions that render Severino's contribution a necessary one.'" (quoting Massimo Cacciari, author of The Withholding Power) -- Back cover

"This book is a ground-breaking collection of essays that provides an original and internationally framed conception of the historical, theoretical, and ethnographic interconnections of law and anthropology. Each of the chapters in the Handbook provides a survey of the current state of scholarly debate and an argument about the future direction of research in this dynamic and interdisciplinary field. The structure of the Handbook is animated by an overarching collective narrative about how law and anthropology have and should relate to each other as intersecting domains of inquiry that address such fundamental questions as dispute resolution, normative ordering, social organization, and legal, political, and social identity. The need for such a comprehensive project has become even more pressing as lawyers and anthropologists work together in an ever-increasing number of areas, including immigration and asylum processes, international justice forums, cultural heritage certification and monitoring, and the writing of new national constitutions, among many others. The Handbook takes critical stock of these various points of intersection in order to identify and conceptualize the most promising areas of innovation and sociolegal relevance, as well as to acknowledge the points of tension, open questions, and areas for future development"-- Provided by publisher

"In the past decade, artificial intelligence (AI) has become a disruptive force around the world, offering enormous potential for innovation but also creating hazards and risks for individuals and the societies in which they live. This volume addresses the most pressing philosophical, ethical, legal, and societal challenges posed by AI. Contributors from different disciplines and sectors explore the foundational and normative aspects of responsible AI and provide a basis for a transdisciplinary approach to responsible AI. This work, which is designed to foster future discussions to develop proportional approaches to AI governance, will enable scholars, scientists, and other actors to identify normative frameworks for AI to allow societies, states, and the international community to unlock the potential for responsible innovation in this critical field. This book is also available as Open Access on Cambridge Core"-- Provided by publisher

"This edited collection seeks to map the landscape of contemporary informational interests, to evaluate a range of recognised and putative rights and wrongs associated with modern information societies, and to consider how law, regulation, and governance should be deployed in response. New technologies and new applications constantly disrupt our values, our framing of our world, and our sense of where we are and who we are. In our 'information societies', we entertain mixed hopes and expectations, as well as significant fears and concerns. At the root of these, there are a number of informational interests, on the basis of which certain rights are claimed and particular wrongs denounced. This book addresses these interests, considering them as relating primarily to the integrity of the informational eco-system, to the accessibility, accuracy, and authenticity of public information, and to our individual ability to control the outward and inward flows of information that relates directly to ourselves. Covering a wide range of subjects, the book's interrogation of our contemporary information society is oriented around two questions: first, whether the information society in which we live is the kind of society that we think it should be and, second, if not, what we can reasonably expect law, regulation and governance to do in providing the basis for improving it. This book will be of considerable interest to those working at the intersection of law and technology, as well as others concerned with the legal, political, and social aspects of our information society"-- Provided by publisher

"The second edition of the Handbook provides students, scholars and practitioners with a global overview of international trade law, including but not limited to the World Trade Organization (WTO). International trade law continues to grow at unprecedented rates compared to other areas of international law. The Uruguay Round agreements establishing the WTO in 1995 continue to act as the multilateral foundation of the body of law, which is being expanded by its own committees and in new arrangements. While the WTO remains the most important multilateral body governing international trade and continues to have the most active dispute settlement system in international law, it is the not sole forum where trade rules are negotiated (with moderate success) and trade disputes are litigated. Increasingly, WTO Members are negotiating comprehensive trade (and investment) agreements of which the scope goes well beyond the matters covered by the WTO covered agreements. The second edition therefore will broaden the scope of analysis beyond the WTO, while maintaining the same objective of the first edition"-- Provided by publisher

"The objective of the revised edition of The Practitioner's Guide to the PCT is to continue the process of demystifying the PCT. The guide is based on the authors' many years of experience with the system, on the numerous PCT seminars and presentations they have given, and on the important lessons they have learned from the mistakes they have made"-- Provided by publisher

"Whilst success in arbitration relies upon knowledge of the law, sound judgment, and intelligence, it is also increasingly recognized that it is dependent upon the ability to effectively communicate with other people in order to convince them of a particular point of view. These are skills that can be acquired and enhanced over time with practice and experience. The focus of this book is to provide practitioners with insights and applications of the behavioural sciences that can assist in the development of those key skills associated with success in arbitration. Starting with an overview of the important elements of the psychology of persuasion, the book then provides recommendations and examples of how the information can be effectively utilized, with a view to providing a practical and pragmatic treatment of ideas and techniques of persuasion that lawyers can employ to enhance their advocacy skills. Prominent arbitrators from around the globe provide observations and anecdotes from their own arbitration experiences that offer context and provide the reader with fascinating insights into the experiences of some of the world's leading arbitrators. Taken together, the structure and analysis, backed up with real-world examples, gives readers the tools to gain "the edge" when it comes to using negotiation in their dispute resolution practice." -- Publisher's website

"In recent years, liberal constitutionalism has come under sharp attack. Globalization has caused huge disparities in wealth, identity-based alienation triggered by mass migration, and accompanying erosions of democracy. Liberal populists have also adapted the framework of liberal institutionalism, masking their aim to subvert its core values. These developments bring the links between justice and the constitution to the fore, particularly concerning distributive justice in its three dimensions of redistribution, recognition, and representation. A Pluralist Theory of Constitutional Justice provides a systematic account of the central role of distributive justice in the normative legitimation of liberal constitutions. The requirements of distributive justice are highly contested, and constitutions are susceptible to influencing those they govern. By drawing on Rawls' insight that distributive justice calls for "constitutional essentials", Rosenfeld advances the thesis that liberal constitutions must incorporate certain "justice essentials"." -- Publisher's website

"The Constitutionalization of Human Rights Law analyzes how lawyers representing refugees use human rights provisions in national constitutions to close the gap between law on the books and how that law is implemented by focusing on five countries (Colombia, Mexico, South Africa, Uganda, the United States) and how lawyers adapt creatively to social, political, and legal contexts. Many refugee-receiving states openly reject or passively ignore their obligation under international law to protect refugees. Given that law's growing irrelevance, cause lawyers have turned to constitutionalized human rights law. While many countries likely included such provisions in their Constitutions without intending to fulfill their commitments, cause lawyers have seized on them as a more enforceable means of rights protection. This book proposes a theory of a continuum of ever-more ambitious methods through which cause lawyers use constitutionalized human rights law to benefit refugees. Lawyers use different tools as they move along this continuum, including strategic litigation, training governmental officials in the applicable law, and various forms of informal advocacy. It makes important contributions to three strands of socio-legal literature. As to the effectiveness of human rights treaties, it provides qualitative evidence of how such treaties achieve greater significance when incorporated into national constitutions. As to refugee law, it analyzes how international protections for refugees become stronger when domestic lawyers enforce them through national constitutions. And as to cause lawyering, it shows how refugee lawyers use constitutionalized human rights law to protect their clients"-- Provided by publisher

Reclaiming Indigenous Governance examines the efforts of Indigenous peoples in four important countries to reclaim their right to self-govern. Showcasing Native nations, this timely book presents diverse perspectives of both practitioners and researchers involved in Indigenous governance in Canada, Australia, New Zealand, and the United States (the CANZUS states). Indigenous governance is dynamic, an ongoing relationship between Indigenous peoples and settler-states. The relationship may be vigorously contested, but it is often fragile--one that ebbs and flows, where hard-won gains can be swiftly lost by the policy reversals of central governments. The legacy of colonial relationships continues to limit advances in self-government. Yet Indigenous peoples in the CANZUS countries are no strangers to setbacks, and their growing movement provides ample evidence of resilience, resourcefulness, and determination to take back control of their own destiny. Demonstrating the struggles and achievements of Indigenous peoples, the chapter authors draw on the wisdom of Indigenous leaders and others involved in rebuilding institutions for governance, strategic issues, and managing lands and resources. This volume brings together the experiences, reflections, and insights of practitioners confronting the challenges of governing, as well as researchers seeking to learn what Indigenous governing involves in these contexts. Three things emerge: the enormity of the Indigenous governance task, the creative agency of Indigenous peoples determined to pursue their own objectives, and the diverse paths they choose to reach their goal

"The book proceeds in three sections. In section one, we examine how the laws in every country address discrimination in the workplace-not only on the basis of sex and gender, but also based on pregnancy, family status, race/ethnicity, religion, disability, migration status, sexual orientation, socioeconomic status, and gender identity. Section 2 explores why achieving gender equality in the economy will be impossible without addressing both paid and unpaid caregiving. Lastly, in section three, we assess what it takes to make change happen. Section three examines approaches that would make a difference within months as well as approaches that would be transformational long-term"-- Provided by publisher

"The Decretum Gratiani is the cornerstone of medieval canon law, and the manuscript St Gallen, Stiftsbibliothek, 673 an essential witness to its evolution. The studies in this volume focus on that manuscript, providing critical insights into its genesis, linguistic features, and use of Roman Law, while evaluating its attraction to medieval readers and modern scholars. Together, these studies offer a fascinating view on the evolution of the Decretum Gratiani, as well as granting new insights on the complex dynamics and processes by which legal knowledge was first created and then transferred in medieval jurisprudence."-- Back cover

"An autobiographical and educational book that conveys lessons about grammar, style, and legal writing skills through the use of personal anecdotes from a legal writing professor"-- Provided by publisher

"An Advocate Persuades introduces its reader to the role of the advocate and the tools of persuasion. This book, like its predecessor A Lawyer Writes, places the reader in the role of a first-year attorney. Now, that first-year attorney must draft a motion or appellate brief and then present an oral argument. With step-by-step explanations and numerous examples, An Advocate Persuades explains how to develop and refine trial-level and appellate arguments and then how to present those arguments orally. Speaking to its readers in a straightforward manner, An Advocate Persuades communicates both the theories and foundational skills of persuasion so that they will be retained for a lifetime of legal practice"-- Provided by publisher

In 1871, at Harvard Law School, Landgell introduced the "case method" of legal instruction, which is today used in some form or another in every law school in the United States, meaning that casebooks remain the primary vehicle of legal education. This bibliography presents a comprehensive list of casebooks intended for use in law schools and published in the United States from their inception in 1871 through 2018. The entries are arranged into more than 200 broad subject categories, and then are listed chronologically within each subject category. Arranging the titles in this format provides a basis for tracing the topical development of legal education and the case method of instruction. Much has changed in the landscape of law school casebook publishing since the publication of the first edition, which covered titles published from 1870-2004. However, despite predictions of their imminent demise, print casebooks have persisted. In an age of preference for, and seemingly immediate access to, information in a digital format, it is surprising that new editions are being produced at a faster rate than ever before, and although digital and open-source titles have made inroads, they are not replacing print. As a matter of fact, the number of print titles has increased an average of 23% per decade for the last 40 years. Additionally, the content of the casebook has changed over the years. The days of Langdell's collection of cases with little explanatory text are gone. Law professors have begun writing treatise-like "casebooks" containing few actual cases, and publishers have increasingly been marketing traditional academic titles to a broader audience to include practitioners and scholars. As a result, the definition of "casebook" has become increasingly murky, thus making the upkeep of this bibliography even more difficult. Although the casebook as we currently know it will likely change in the coming years, this bibliography demonstrates that it remains a mainstay of legal education.--Publisher

"This publication is designed to provide students with a knowledgeable, reasonable, and rational voice to navigate the intricacies of law school exams. It offers a practical rather than theoretical approach, by including detailed examples that show students precisely "how to do it" and "how to write it." It has numerous illustrations in the context of substantive law, to help students learn to: fill the gap between what the professor refers to as learning to "think like a lawyer" and the actual means for doing so; create a successful path from note-taking, to outlining, to exam writing; and much more."--Publisher's website

"This book collects together a series of original essays in honor of the American Law Institute's Centennial. The essays are authored by leading experts in their fields, often including current and former Restatement Reporters. The essays also provide a wide range of perspectives on both methodology and the law. The volume coverage focuses on: specific ALI undertakings, including some of the more important Restatements and Codes; several leading Principles projects; statutory projects such as the Model Penal Code and the Uniform Commercial Code; themes that cut across substantive fields of law (such as Restatements and codification or Restatements and the common law); and the ALI's institutional history over the past century. The resulting book is a unique and compelling contribution to its fields of study"-- Provided by publisher

Becoming a Public Interest Lawyer is a comprehensive guide for prospective, current, and recently-graduated law students who want a career in public interest law. It helps students decide which kind of public interest job is right for them and then gives them the tools and information they need to land their dream job. It provides candid, practical advice on how to choose a law school, survive the first year, develop a resume, search for a job, and manage student debt. Extended sections cover summer internships, public interest fellowships, law school extracurricular activities, and life after law school as a public interest lawyer. It is written for those who want to use their law degree to do good in the world but who need help charting their path. Anyone can have a meaningful, successful public interest legal career. This book lights the way

"A comprehensive resource created in the successful Strategies & Tactics style, Strategies & Tactics for the MBE® 2, Fourth Edition provides over 465 questions to help you prepare for the Multistate Bar Exam (MBE®). Success on the MBE® can often influence whether you pass or fail the Bar Exam. Understanding the issues of law tested on the exam and learning how the exam questions are written to test your understanding of the law are essential skills for success. With Steve Emanuel's comprehensive explanations of why one answer choice is the best answer and why the other choices are not, Strategies & Tactics for the MBE® 2 helps you gain the ability to select the best answer with certainty. " -- Publisher's website

"This new edition of Strategies & Tactics for the MBE has been carefully revised by Steve Emanuel and is full of up-to-date advice on how to analyze Multistate Bar Exam (MBE) questions in all MBE subject areas (Civil Procedure, Constitutional Law, Contracts, Criminal Law and Procedure, Evidence, Real Property, and Torts. Steve Emanuelauthor of the Emanuel Law Outlines and CrunchTime books in the MBE-subject areashas passed the bar exam in several states (including New York and California) and worked with law students to prepare them for taking the MBE." -- Publisher's website

"Homeless Advocacy examines the role legal advocacy plays in preventing and ending homelessness. The book provides a history of homelessness, the current state of it in the United States, context on working with unhoused populations, and analyzes the legal issues they face through a practitioner's lens. With these topics, ranging from criminalization of homelessness to employment barriers and affordable housing, the author provides a resource that will encourage and enable more people to advocate on behalf of unhoused populations and will serve as a guidepost to advance that advocacy. There are many books on poverty, but this book is different and complementary as it focuses on the unhoused population and the legal challenges unique to them. It is aimed at law students, policy, and social work students at the undergraduate and graduate levels, and individual activists. It includes narratives from practitioners and those with lived experience of being unhoused"-- Provided by publisher

"Extending Justice: Strategies to Increase Inclusion & Reduce Bias offers expert perspective and actionable tools for interrupting bias. The first book in this series, Enhancing Justice: Reducing Bias, was written to increase awareness of implicit bias and serve as a benchbook for judges. This book goes the next step to be useful to a wider audience with virtually every chapter offering thoughtful context and practical strategies for interrupting unintentional bias. Edited by two proven leaders in the field, with 26 chapters written by fifty highly-diverse authors, the voices here combine to provide wide-ranging and user-friendly science and tools. Perspective comes from authors who are diverse in gender, gender orientation, race and ethnicity, age, ability, education, and profession. Fields covered are also diverse, including law, health, education, artificial intelligence, nonprofits, education, the military, and disability. Thought-provoking essays and interviews on healthcare, extremism, courage, and the silence and invisibility of the Native American community further enrich the work. The chapters are written to stand alone but build on each other for a strong collective whole. Readers will find the book useful in their own disciplines and beyond. Teachers, students, judges, and professionals in all fields can use this work for inspiration and reference as they apply its strategies and thinking to enhance their accomplishments in achieving diversity, equity, and inclusion, individually and systemically"-- Provided by publisher

Contents: Introduction -- Domicile -- Personal jurisdiction : constitutional foundations and traditional bases -- Personal jurisdiction : pushing the envelope -- Transfer, forum non conveniens, and forum selection clauses -- Torts -- Contracts -- Property -- Wills, intestate succession, and trusts -- Marriage -- Agency, partnership, and corporations -- Manipulation and characterization -- Substance vs. procedure -- Statutes of limitations -- Public policy -- Renvoi -- The New York approach -- Interest analysis -- Comparative impairment and modified interest analysis -- The better law approach -- Second restatement approach to torts -- Second restatement and the UCC approach to contracts -- Modern answers to traditional problems -- The third restatement -- The Erie doctrine -- International scope of federal laws -- Choice of law in Europe -- Constitutional requirement of significant contacts -- Other constitutional limits on state choice of law -- Equal protection and privileges and immunities -- Foreign country judgments -- Sister state judgments -- Domestic relations judgments : divorce, support, and alimony -- Proving foreign law

Contents: Introduction: Sources and applications of family law -- The Constitution and the family -- Premarital agreements -- Cohabitation -- Marriage and divorce -- Parent-child relationship establishing parentage -- Child custody -- Appendix A. Uniform Child Custody Jurisdiction and Enforcement Act -- Appendix B. Hague Convention on the Civil Aspects of International Child Abduction -- Child support -- Spousal support -- Property issues in family law --Annulment -- Intimate partner violence -- Assisted reproduction -- Adoption -- Juvenile court -- Ethical issues and malpractice in family law -- Family law attorney as trial attorney

Contents: American conveyancing and professional responsibility -- Real estate brokers -- Contract risk of loss and equitable conversion -- The statute of frauds in real property transactions -- Contract of sale conditions -- Remedies for breach of contract -- Deeds -- Deed descriptions -- Recording acts -- Title searches, abstracts, title insurance, reforms, and Torrens laws -- Closings -- Mortgage lenders and markets -- Variations on conventional mortgages -- Equitable mortgages -- Junior liens and mezzanine finance -- Payments, prepayments, and transfers of the mortgage -- Pre-foreclosure remedies -- Foreclosures -- Real estate in trouble

Contents: Authority to foreclose -- Challenging the authority to foreclose -- Authority to foreclose special issues : servicers, GSE loans and MERS -- Procedural and equitable defenses to home foreclosures -- Government insured loans and moratoriums -- Defending foreclosures by challenging unfair lending practices -- Litigating foreclosure cases -- Using bankruptcy to prevent foreclosure -- Issues arising after a foreclosure sale -- Manufactured home foreclosures and repossessions -- Second mortgage foreclosures -- Forfeiture of land installment sales contracts -- Condominium and homeowner association liens and foreclosures -- Preventing foreclosure of reverse mortgages -- Tax liens and tax foreclosures -- Foreclosure rescue scams -- Appendix A. Selected provisions of the Servicemembers Civil Relief Act -- Appendix B. Selected statutes and regulations pertaining to mortgages held or insured by the federal government -- Appendix C. Reverse mortgages -- Appendix D. Summary of state reverse mortgage laws -- Appendix E. Summary of state foreclosure laws -- Appendix F. Summary of state real estate tax abatement laws -- Appendix G. Summary of state tax lien foreclosure laws -- Appendix H. Summary of state condominium laws -- Appendix I. Foreclosure prevention practice aids and sample mortgage documents -- Appendix J. Helpful websites -- Appendix K. Glossaries

"This clearly written guide, now completely revised and updated, provides comprehensive, practical advice for the non-ERISA specialist on how to structure benefits from qualified retirement plans and IRAs to achieve maximum benefits for your client." -- Publisher's website

Contents: Introduction and overview -- Descent and distribution -- Treatment of certain categories of potential heirs -- Other intestate succession issues -- Requirements for a valid will -- Changing circumstances after will execution-property -- Changing circumstances after will execution-persons -- Revocation of wills -- Interpretation and construction -- Will contests -- Other will issues -- Estate administration -- Reasons people use nonprobate transfers -- Inter Vivos transfers -- Co-ownership of property -- Multiple-party accounts -- Contracts -- Introduction to trusts -- Trust creation -- Trust administration -- Trust enforcement -- Resulting trusts -- Constructive trusts -- Wealth transfer taxation -- Disability and death planning -- Malpractice and professional responsibility

Contents: What is a contract? why is it used? -- Structure and role of contract law -- Parts of a contract and contract terms -- Mutual assent -- Mutual assent under UCC Article 2 -- "Forms," electronic contracting, smart contracts, and mutual assent -- Consideration -- Special bargain rules for option contracts -- Lawyers' representation of clients in contracting -- Prebargain diligence and documentation -- Contract negotiation and drafting -- Performing and modifying the contract -- Judicial interpretation of contract terms -- Implied terms under the UCC -- Proving a contact's terms : the parol evidence rule -- Excuses to performance -- Introduction to defenses to enforcement and the statute of frauds -- Incapacity -- Duress and undue influence -- Misrepresentation -- Unconscionability and public policy -- Promissory estoppel -- Alternative theories of recovery absent a bargain or reliance -- Remedies generally : damages -- Limits on damages -- Specific performance and agreed remedies -- Disallowed damages -- UCC remedies -- Rights, duties, and liabilities of third parties

"A Guide to Federal Contracting: Principles and Practices demystifies the federal buying process, providing in one volume a succinct yet thorough treatment of federal contracting requirements or regulations. Bringing together concepts of business, law, politics, public and social policy, pricing, and contract placement and administration, Dan Lindner draws on 40 years of federal government experience to cover the vast spread of this important process that impacts our daily government operations. This completely updated second edition incorporates the nearly 16 regulatory changes that have occurred since the first edition was published and adds new subsections on Product Planning and Placement, Major Systems Acquisition, Cloud Computing, Cybersecurity, Other Transaction Agreements, Corporate Budget, and Work Breakdown Structure"-- Provided by publisher

Contents: Introduction. Regulating financial innovation -- Crowdfunding -- Digital assets -- Robo-advisors -- High frequency trading -- Marketplace lending -- Mobile payments -- Anti-money laundering and compliance -- Cybersecurity

"Institutional Credit Markets provides a framework for understanding the institutional funding markets that undergird the U.S. credit system. It traces the evolution of the depository bank model, its non-bank competitors, and the financial conglomerates that span credit and capital markets." -- Back cover

"The topic of investor protection has occupied investors, regulators, academics, and courts since at least the Great Crash of 1929 and the Great Depression of the 1930s. The topic, however, exploded in importance after the 2008 financial crisis and the Bernard Madoff Ponzi scheme of the same year. In addition, the relatively high returns for equity, compared to other asset classes, has fueled the growth of the equity markets, which continues to spark questions over whether regulators are doing all they can to protect investors"-- Provided by publisher

"This Understanding treatise is the perfect complement to first-year tort courses and is suitable for use with any tort casebook. Concise and authoritative, Understanding Torts features comprehensive and up-to-date coverage of intentional torts, privileges, negligence, cause-in-fact, proximate cause, defenses, joint and several liability, damages, strict liability, products liability, economic torts, malicious prosecution, abuse of process, defamation, and invasion of privacy; judicious use of footnotes to provide full, but not overwhelming, primary and secondary support for textual propositions; clear organization and writing to enhance understanding of basic concepts and major cases covered in a torts course; and in-depth analysis of topics that generate the greatest confusion and controversy. This edition includes explanation and analysis of new Restatement (Third) Intentional Tort provisions including battery, assault, false imprisonment, and transferred intent as well as proposed new Intentional Economic Tort provisions. The text also includes United States Supreme Court developments limiting punitive damages and other new case law"-- Provided by publisher

"The modern American public corporation stands at the center of various forms of inequality in our society-because of its influence on the economy, the environment, and the government as well as its own employees and consumers. But corporate law has long overlooked the feminist perspective, to the detriment of many underrepresented minority populations. In this edited volume, a diverse group of scholars takes up the challenge to rewrite corporate law from a feminist perspective. Applying a feminist perspective to corporate governance and corporate law allows us to see what the world would look like if corporations were governed by different individuals with different priorities. The feminist judgments in this volume take on (1) the foundational principle that corporations are entities that possess a legal identity separate and distinct from their owners and the related concept of limited liability; (2) the appropriate scope of the rights that accompany corporate ownership (such as the "shareholder wealth maximization" norm); (3) the lack of diversity on corporate boards and at top management levels as well as the meaning of fiduciary duties; (4) the effects of interpersonal relationships in close corporations; and (5) the availability of protection for vulnerable investors and potential investors"-- Provided by publisher

"This Practice Guide tells the story of the conflict between environmental law and bankruptcy law. These complex bodies of law have dramatically different purposes and have often come into conflict over the last four decades. I hope that this book will help government and private environmental and bankruptcy attorneys navigate the difficult complexities at the intersection of environmental and bankruptcy law by providing in one place a fulsome summary of the law in this area"-- Provided by publisher

Contents: The debtor/creditor relationship, unsecured debt, secured debt, and priorities -- Debt collection under state law -- The nature, source, and policies of bankruptcy law -- The bankruptcy court, officials, and parties -- Debtor eligibility and the different forms of bankruptcy relief -- The commencement and dismissal of the bankruptcy case -- The automatic stay (section 362(a), (b), (c), and (k)) -- Relief from stay and adequate protection (section 362(d)) -- Property of the estate (section 541) -- Exemptions, redemption, and reaffirmation -- The trustee's avoidance powers : general principles and policies -- The trustee's avoidance powers : unperfected interests (section 544) and statutory liens (section 545) -- The avoidance of preferences and debt setoff -- Fraudulent transfers (section 548) and postpetition transfers (section 549) -- The trustee's power to use, sell, or lease estate property (section 363) and to obtain credit (section 364) -- Executory contracts and unexpired leases -- Claims against the estate -- Debt adjustment under chapter 13 -- Understanding chapter 11 -- The chapter 11 plan of reorganization -- The debtor's discharge

"This book is intended as an overview of this complex and dynamic body of law. While it should prove a valuable resource to both seasoned and novice practitioners, compliance professionals, and students, it is neither a substitute for-nor should it be relied upon as-legal advice in the context of specific transactions"-- Provided by publisher

"[This] treatise on labor law explains the analytical structure that governs how employees form workplace organizations and bargain over the terms and conditions of employment. It covers new forms of labor organizing, such as the corporate campaign, card check/neutrality agreements, and worker centers. It is designed to complement leading labor law casebooks with analysis of the principal decisions, context, and social justice policy. It reflects decisional and other developments through August 2019."-- Provided by publisher

Contents: Early regulation by law and a statutory overview -- NLRB structure and procedure -- Selecting a bargaining representative -- Organizational picketing -- Employer economic responses to concerted employee activity -- Secondary activity and other union economic coercions -- The duty to bargain -- Labor and the antitrust laws -- Enforcement of collective bargaining agreements -- Federal preemption of state legislation -- NLRA regulation of internal union affairs -- LMRDA regulation of internal union affairs

"This book demonstrates that the inflexibility of most workplaces is not only harmful to marginalized employees, but ultimately harmful to everyone. It then proposes a detailed solution: a two-part proposal that would allow us to reimagine the workplace in a way that benefits everyone"-- Provided by publisher

"An updated edition of the first-ever consumer guide to whistleblowing by the nation's leading whistleblower attorney"-- Provided by publisher

Contents: Volume 1. Purpose and coverage of this guide -- A map of employee benefits -- Sources of the law -- Plan establishment and qualification -- Eligibility, vesting and benefit accrual -- Nondiscrimination standards and related rules -- Contributions to qualified plans -- Distributions from qualified plans -- Taxation of participants -- Assignment or alienation of benefits -- Plans for self-employed individuals -- Benefit accrual -- "Hybrid" pension plans -- Nondiscrimination standards and related rules for defined benefit plans -- Defined benefit plan contributions and funding -- Distributions from defined benefit plans -- Funding-based restrictions on benefit accrual and distributions -- Plan freezes and closures -- Insurance contracts in defined benefit plans -- Plan termination insurance and the Pension Benefit Guaranty Corporation -- Termination of PBGC-insured defined benefit plans -- Termination of non-insured defined benefit plans -- General rules for defined contribution plans -- Investment of defined contribution plan assets -- Nondiscrimination standards for defined contribution plans -- Cash-or-deferred (401(k)) plans -- Stock bonus plans and employee stock ownership plans -- Other defined contribution plans -- Combined defined benefit and defined contribution arrangements -- Volume 2. Multiemployer plans : general rules -- Multiemployer pension plans : contributions and funding -- Multiemployer pension plans : withdrawal liability -- Multiemployer pension plans : PBGC benefit guarantees and financial assistance -- Multiemployer pension plans : mergers, asset transfers and plan terminations -- Multiple employer plans -- Tax-sheltered annuities and custodial accounts (403(b) plans) -- ERISA fiduciary standards -- Prohibited transactions -- Administration of benefit claims

Contents: Part I. The scope of the act. History and overview -- Coverage -- State plans and state laws -- Promulgation of standards -- Part II. Duties under the act. Compliance with standards -- General duty clause -- Multi-employer responsibility -- Recordkeeping -- Employee rights and duties -- Part III. Enforcement. Inspections -- Citations -- Notices of contest -- Abatement -- Degree of violation -- Penalties -- Part IV. Adjudication. Pre-hearing procedure -- The hearing -- Review commission procedure -- Judicial review -- Part V. OSHA-related litigation. Employment-related actions -- Personal injury litigation -- Appendices

Contents: Employment-related actions and legislation -- Theories and policies of workers' compensation -- Workers' compensation and the law of torts -- The employee-employer relationship -- The coverage formula necessity for a "Personal injury by accident arising out of and in the course of employment" -- Death -- Medical expenses, disabilities, and benefits -- Administration -- Extraterritorial problems and overlapping coverages -- Third-party actions -- Future of workers' compensation -- Occupational Safety and Health Act (OSHA) -- Americans with Disabilities Act of 1990 (ADA) and the Rehabilitation Act of 1973 -- Social Security -- Unemployment compensation -- Fair Labor Standards Act (FLSA) -- Family and Medical Leave Act of 1993 (FMLA) -- Employee Retirement Income Security Act of 1974 (ERISA) -- Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) -- Federal and state anti-discrimination, fair employment, and other laws -- Wrongful discharge -- Miscellaneous employee protection laws

"This book covers over 1,000 years of abortion history in England and America, with special emphasis on the nineteenth and twentieth centuries. It presents an accurate, unbiased account of the history of abortion in order to provide a thoroughly fresh look at that history, reaching several unorthodox conclusions without taking sides on the merits of the abortion debate." -- Book cover

"Contents v.1. Introduction -- The goals of environmental protection -- The methods of environmental protection -- Administrative agencies and procedures -- Ethical and economic principles -- Basic economic and analytical tools and their application in environmental analysis -- State environmental law and programs -- Environmental audits/assessments -- Enforcement -- The National Environmental Policy Act -- v.2. Introduction to media-specific programs -- Air -- Water -- Soil and groundwater -- v.3. Introduction to products regulation -- Toxic substances -- Pesticides -- Drinking water -- Biotechnology -- Protection of the ecosystem -- Endangered species -- Alien species -- Coastal and ocean protection -- Climate change -- Introduction to next generation environmental protection law -- Reform efforts in environmental protection law -- Sustainability -- Space resources -- Oil and gas -- Nuclear energy"

"The COVID-19 pandemic threw into sharp relief the importance of the body of law governing the development and distribution of vaccines, the potential for vaccination mandates, vaccine-related injuries, and many other related issues. Vaccine, Vaccination, and Immunization Law, Second Edition provides the most thorough overview of vaccine and vaccination law possible, with in-depth discussion that will inform and enlighten not only those new to the subject, but also seasoned experts." -- Back cover

"This book demonstrates how feminist analysis can transform law in a field where paternalism, individualism, gender stereotypes, and tensions over the public-private divide shape judicial decisions. Each chapter focuses on a single court decision related to health law. The decisions concern patient autonomy, informed consent, medical and nursing malpractice, the relationships among health care professionals and the institutions where they work, communications between health care providers and the patients they serve, end-of-life care, reproductive health care, biomedical research, ownership of human tissues and cells, the influence of religious directives on health care standards, health care discrimination, equitable access to long-term care in nursing homes, equitable access to community-based alternatives, private health insurance, Medicaid coverage, the Affordable Care Act, and more. Each chapter begins with a commentary from a scholar who puts the case in historical context, summarizes the original opinion, discusses what makes the rewritten opinion feminist, and describes how a feminist approach might have altered subsequent developments in health law. The feminist judgments take the form of rewritten majority opinions, concurrences, and dissents. The opinion authors are scholars who inhabit the role of a judge deciding the case. They rely exclusively on the factual record, precedents, and scientific understanding available at the time of the original decision to show how a judge with a feminist perspective could have adjudicated the matter differently"-- Provided by publisher

Medicine, Power, and the Law demonstrates that criminal and civil justice interact with medicine and public health more than is presently understood. The book focuses on the role of healthcare practitioners and an array of other professionals across industries in identifying wrongdoers, reporting behavior, and testifying on behalf of the state or government agencies. It also covers circumstances in which law enforcement relies on medicine for evidence or support in ways that compromise medical ethics. By reporting or testifying as experts, a range of people, from specialist pediatricians to flight attendants, can have a life-changing impact on individuals in the name of public health or medicine. People who work in hospitals, social work settings, and even airlines, often contribute to wrongful and aggressive criminal and civil actions against society's most vulnerable people, including parents, older adults, and people living with poverty. The book explores a number of examples, including police use of medicine as a restraint or the collection of blood as evidence and the risks of opting out of certain scientific discoveries, such as pharmaceuticals. It describes the harms that may come to those who engage in suboptimal but generally heretofore legal child-raising behaviors, and people opting to live independently as older adults. These can lead to civil and criminal charges when noticed by those in a position of power. Medicine, Power, and the Law is an important contribution for researchers and practitioners in medicine, the law, and the expanding field of bioethics

"In 1954, the Supreme Court delivered the landmark decision of Brown v. Board of Education--establishing the right to attend a desegregated school as a national constitutional right--, but the decision contained fundamental ambiguities. In close to three dozen decisions on school desegregation, the Supreme Court has never offered a clear definition of what desegregation means or laid out a framework for understanding or adjudicating between competing interpretations. In the Crucible of Desegregation, R. Shep Melnick examines the evolution of federal school desegregation policy from 1954 through the termination of desegregation orders in the first decades of the 21st century, combining legal analysis with a focus on institutional relations, particularly the interactions between federal judges and administrators. Melnick argues that years of ambiguous, inconsistent, and meandering Court decisions left lower court judges adrift, forced to apply contradictory Supreme Court precedents in a wide variety of highly charged political and educational contexts. As a result, desegregation policy has been a patchwork, with lower court judges playing a crucial role. They did so against the backdrop of massive resistance, and this combined with the fragmented and decentralized nature of America's political institutions and its education system. The Crucible of Desegregation reveals patterns and persistent impasses that remain relevant today. It also shows that school desegregation was a crucial driver for the expansion of the broader American civil rights state"-- Provided by publisher

"There have been 27 amendments to the text of the US Constitution in just under 235 years. But there have been many more changes to the Constitution's unwritten rules. How do those changes happen, if not by textual amendment? This book is a deep dive into that fascinating puzzle"-- Provided by publisher

"The Law of U.S. Foreign Relations is a comprehensive and incisive discussion of the rules that govern the conduct of U.S. relations with foreign countries and international organizations, and the rules governing how international law applies within the U.S. legal system. Among other topics, this volume examines the constitutional and historical foundations of congressional, executive branch, and judicial authority in foreign affairs, to include the constitutional tensions prevalent in legislative efforts to control executive diplomacy, and the ebb and flow of judicial engagement in transnational disputes-often serving as umpire but at times invoking doctrines of abstention. The process of U.S. adherence to treaties and other international agreements is closely scrutinized, as well as how such law, as well as customary international law and the law-making acts of international organizations, can become a source of U.S. law. Individual chapters focus on the special challenges posed by the exercise of war powers by the federal government (including during recent incidents of international armed conflict), the complex role of the several states in foreign affairs, and the imperative of protecting individual rights in the transnational sphere. Among the contemporary issues discussed are the immunity of foreign heads of State, treatment of detainees at Guantánamo, movement of the U.S. Embassy to Jerusalem, state-level foreign compacts to address climate change, bans affecting refugees and asylum-seekers, and recent interpretations of key statutes, such as the Alien Tort Statute, the Torture Victim Protection Act, and the Foreign Sovereign Immunities Act"-- Provided by publisher

"Extrajudicial, extraterritorial killings of War on Terror adversaries by the U.S. state have become the new normal. Alongside targeted individuals, unnamed and uncounted others are maimed and killed. Despite the absence of law's conventional sites, processes, and actors, the U.S. state celebrates these killings as the realization of "justice." Meanwhile, images, narrative, and affect do the work of law, authorizing and legitimizing the discounting of some lives so that others - implicitly, American nationals - may live. How then, as we live through this unending, globalized war, are we to make sense of law in relation to the valuing of life? Adopting an interdisciplinary approach to law to excavate the workings of necropolitical law, and interrogating the U.S. state's justifications for the project of counterterror, this book's temporal arc, the long War on Terror, illuminates the profound continuities and many guises for racialized, imperial violence informing the contemporary discounting of life"-- Provided by publisher

"Constitutional Policing: Striving for a More Perfect Union is about the legal challenges to fostering better policing in the cities and communities of this nation. Issues of public safety and the call for tougher police practices can often be seen differently through the eyes of different communities. There is little debate that most communities want to be safe in their persons and their homes. There is much debate about how we as a nation can get to a place where communities feel secure in their relationships with those who are tasked with policing our communities. This book argues that our Constitution is well designed to create the laws that not only allow our communities to be safe and secure, but also allow us as members of those communities to hold the police who are tasked with "protecting and serving" accountable." -- Back cover

Contents: vol. 1. Raising children and the new family law -- Same-sex marriage, civil unions and other protections for couples -- Cohabitation and property ownership agreements -- Federal taxes -- Death and incapacity -- Employment -- State initiatives -- Military and veterans -- Immigration -- Legal protections for transgender and gender nonconforming people -- vol. 2. Consumer goods, services and accommodations -- First and Fourteenth Amendment rights -- Juveniles -- Criminal defense -- Criminal justice -- Representing clients living with HIV -- HIV testing -- Employment and AIDS -- Insurance and AIDS

"After examining more than 700 lawsuits decided by the supreme courts of former slave states, Giuliana Perrone asserts that slavery remained actionable in American law well after its ostensible demise. An important study for scholars of slavery and the US Civil War"-- Provided by publisher

"This book explores one of the most disturbing intellectual dilemmas of our time - that our beloved First Amendment is being exploited in the name of the dumbing of America. It is the first book to examine the popular culture of the First Amendment, specifically with reference to television, advertising, and pornography. Comparing the culture of popular discourse with traditional First Amendment ideals, the authors expose the vast gap between our speech practices and our speech principles. Is the tyranny of the trivialization of discourse a problem? In a dialogue-like way, the authors invite their readers to judge"-- Provided by publisher

"This book focuses on the essentials that public administration students and public managers should know about administrative law-why we have administrative law, the constitutional structure for and constraints on public administration, and administrative law's formats for rulemaking, adjudication, enforcement, transparency, and judicial and legislative review of administrative activity. Author David Rosenbloom views administrative law from the perspectives of administrative practice, rather than lawyering, with an emphasis on how various administrative law provisions promote their underlying goals of improving the fit between public administration and U.S. democratic-constitutionalism. Organized around federal administrative law while including material on state practices where appropriate, the book explains the essentials of administrative law clearly and accurately, in non-technical terms, and in sufficient depth to provide readers with a sophisticated, lasting understanding of the subject matter. Written in a reader-friendly style, Administrative Law for Public Managers, 3rd Edition is an ideal introduction to the subject for students in public administration, public policy, American government, law and practicing public managers alike"-- Provided by publisher

Contents: Why care about federal rulemaking? -- Definitions -- Avoiding rulemaking procedures -- Initiation of a rule: ideas, directives, and petitions -- Developing the rule -- Making, assembling, and responding to comments -- Analysis and impact requirements -- Agency handling of the rulemaking comments -- Negotiated rules & consent settlements -- Preambles & history of rules -- Political influence on final rules -- Making a rule "final" and "effective" -- How do courts review final rules? -- Courts respond to delays in rulemaking or refusals to adopt rules -- Procedural defenses against rulemaking litigation -- When is a rule arbitrary or otherwise vulnerable to reversal? -- Reviewing rules for substantial evidence support -- When will courts defer to agency choices in rulemaking? -- Other bases for judicial review of final rules -- Effects of congressional choices -- Preemption of state actions by federal rules -- Rulemaking contrasted to adjudication

Contents: Federal Indian law policy : origins and legal development -- Indian tribe, Indian, and Indian country -- Indian land and property : title and use -- Criminal jurisdiction in Indian country -- General civil regulatory jurisdiction -- Civil adjudicatory jurisdiction -- Tribal immunity from suit -- Indian reserved water rights -- Fish and wildlife regulation -- Environmental regulation -- Taxation in Indian country -- Indian country and Indian lands gaming -- The Indian Child Welfare Act -- State-tribal cooperative agreements

"In this wide-ranging historical study of federal Indian law-the field of U.S. law related to Native peoples-attorney and educator Peter P. d'Errico argues that the U.S. government's assertion of absolute prerogative and unlimited authority over Native peoples and their lands is actually a suspension of law.Combining a deep theoretical analysis of the law with a historical examination of its roots in Christian civilization, d'Errico presents a close reading of foundational legal cases and raises the possibility of revoking the doctrine of domination. The book's larger context is the increasing frequency of Indigenous conflicts with nation-states around the world as ecological crises caused by industrial extraction impinge drastically on Indigenous peoples' existences. d'Errico's goal is to rethink the role of law in the global order-to imagine an Indigenous nomos of the earth, an order arising from peoples and places rather than the existing hegemony of states"-- Provided by publisher

"An incisive analysis of how the Supreme Court's new conservative supermajority is overturning decades of law and leading the country in a dangerous political direction. Michael Waldman explores the tumultuous 2021Ư-2022 Supreme Court term. He draws deeply on history to examine other times the Court veered from the popular will, provoking controversy and backlash. And he analyzes the most important new rulings and their implications for the law and for American society. Waldman asks: What can we do when the Supreme Court challenges the country? ... It was the most turbulent term in memory -- with the leak of the opinion overturning Roe v. Wade, the first Black woman justice sworn in, and the justices turning on each other in public, Waldman previews the 2022-2023 term and how the brewing fights over the Supreme Court and its role that already have begun to reshape politics." -- Provided by publisher

"At 11:34 PM on April 9, 2021, the Supreme Court issued an emergency ruling. California governor Gavin Newsom's bid to enact enhanced COVID restrictions was overturned in a sweeping redefinition of existing law. The shadowy circumstances of this ruling--an unsigned decision made in just a few pages, without a full briefing, and in the middle of the night--are not typical of the Supreme Court. But, as legal scholar and expert Stephen Vladeck shows, they're becoming far too common. The Supreme Court has always had the authority to issue emergency rulings--halting an execution or preventing a law from going into effect until lower courts could rule on its constitutionality--but until recently, it did so only in exceptional circumstances and issued only narrow rulings. Yet in the past decade, the court has expanded its use of the behind-the-scenes "shadow docket" dramatically, handing down major decisions that impact millions of Americans without oral argument or signed opinions, and often without any legal reasoning at all. While typical cases take years, shadow docket cases can take weeks. They typically fly under the public radar, too--until now. In The Shadow Docket, University of Texas law professor Steve Vladeck offers a comprehensive analysis of the shadow docket, tracing its emergence in the 1970s in the wake of major court decisions on the death penalty and its recent embrace by a conservative-leaning court that has expanded it to set policy on everything from election law to abortion to immigration. Yet while Republican appointees have been most enthusiastic in their use of the shadow docket, the docket itself is not partisan, and Vladeck makes the case that Americans of all political stripes have a stake in bringing the court's decision-making processes back into the light. Rigorous yet accessible, The Shadow Docket exposes a disturbing institutional crisis that threatens the foundations of our democracy, and calls for sweeping reform"-- Provided by publisher

Contents: Personal jurisdiction : the enigma of minimum contacts -- Varieties of due process : other bases for personal jurisdiction -- Statutory limits on personal jurisdiction : the reach and grasp of the long-arm -- Seeking the home field advantage : challenges to personal jurisdiction -- Federal questions and federal cases : jurisdiction over cases "arising under" federal law -- Diversity jurisdiction : when does multiplicity constitute diversity? -- Personal and subject matter jurisdiction compared : the first two rings -- Second-guessing the plaintiff's choice of forum : removal -- Proper venue in federal courts : a rough measure of convenience -- Choosing a proper court : the three rings reconsidered -- Easy Erie : the law of Rome and Athens -- Eerie Erie : the substance/substance distinction -- Erie and state choice of law : vertical uniformity and horizontal chaos -- Sculpting the lawsuit : the basic rules of joinder -- Into the labyrinth : joinder of parties under Rule 14 -- Essentials and interlopers : joinder of parties under rules 19 and 24 -- Jurisdictional fellow travelers : supplemental jurisdiction -- Jurisdiction vs. joinder : the difference between power and permission -- The bearer of bad tidings : service of process in the federal courts -- Getting off easy : the motion to dismiss -- When justice so requires : amendments to pleadings under the Federal Rules -- The scope of discovery : the rules giveth, and the rules taketh away -- Tools of the trade : the basic methods of discovery -- Defective allegation or insufficient proof? dismissal for failure to state a claim compared to summary judgment -- The judge and the jury, part one : judgment as a matter of law (directed verdict) -- The judge and the jury, part two : whose case is this, anyway? -- Res judicata (claim preclusion) : the limits of procedural liberality -- Res judicata and the rules of joinder : when does may mean must? -- Collateral estoppel (issue preclusion) : fine-tuning the preclusion doctrine -- The obscure kingdom : nonmutual collateral estoppel -- An introduction to the pretrial litigation process : setting the stage for the Schulansky case -- First moves : Schulansky goes to court -- A change of forum : Ronan removes to federal court -- The defendants' perspective : Ronan's answer and counterclaim -- Chain reaction : Ronan brings in Jones -- Preliminary objections : Jones seeks a way out

"This survey was prepared by attorneys in the various states, under the auspices of the American Bar Association's Litigation Section Class Actions and Derivative Suits Subcommittee on State Laws, co-chaired by Fabrice Vincent and Dennis Egan." -- Preface

Contents: The general requirement of relevance -- Specific exclusions of relevant material -- Defining hearsay -- Exceptions to the hearsay exclusionary rule -- Examination and impeachment -- Expert testimony -- Privileges -- Authentication and the original writing rule -- Presumptions -- Judicial notice -- Analyzing exam questions : multi-issue essay and multiple-choice questions -- Appendix : Federal rules of evidence

"This book examines what can be lost when nonjudicial officials step into judicial roles and how the rights, dignity, and fairness that judges offer within justice procedures might be safeguarded according to the values of therapeutic jurisprudence"-- Provided by publisher

"Beginning in the Civil Rights era, the American criminal justice system waged a campaign of terror and warlike oppression of Black Americans. Ronald L. Morris analyzes those dark times, its cause, short- and long-term effects, and calls for change"-- Provided by publisher

"This volume provides the first book-length, modern-era examination of the Ex Post Facto Clause, contained in Article I of the U.S. Constitution, and its role in tempering the penal populism of American legislatures. As one of the few rights specified in the body of the Constitution itself, the Clause was intended, as James Madison put it, to serve as a "bulwark" against the tendency of legislatures to enact retroactive laws increasing or imposing new burdens on disdained individuals. For the first several decades of the nation's history, the Supreme Court enforced the Clause with vigor, for instance invalidating retroactive laws enacted after the Civil War targeting supporters of the Confederacy. Today, however, the Clause is a hollowed out shell of its former self, reflecting and enabling the nation's shift toward politically popular tough-on-crime policies. The book chronicles this evolution and provides a blueprint for how the Ex Post Facto Clause can be restored to its rightful place as a bulwark against the punitive impulses of modern-day legislators, whether state or federal"-- Provided by publisher

"Physical, psychological, and sexual abuse among intimate partners, commonly known as domestic violence, but more recently as intimate partner violence or IPV, is a significant social and public health problem in the United States and worldwide. IPV had long been considered private by law enforcement, rarely investigated by social science researchers, and poorly understood by mental health professionals. In the 1980s, a series of well-publicized court cases, such as Thurman v. City of Torrington (1985), brought to light the grossly inadequate law enforcement response at the time, which allowed repeat offenders to avoid prosecution while their partners continued to be victimized, often fatally. In response, a grassroots victim advocacy movement established shelter and other services for victims while lobbying state legislatures across the United States, and subsequently to Canada, the U.K., and other nations, to enact new laws that would hold offenders accountable (Buzawa & Buzawa, 2002; Russell, 2010)"-- Provided by publisher

"In Before Lawrence, Wesley Phelps recounts the legal challenges to discriminatory Texas sodomy laws before the major breakthrough in the U.S. Supreme Court's 2003 decision in Lawrence v. Texas. While most scholars and activists recognize the Lawrence decision to be the foundation for all subsequent gains for gay and lesbian equality in the twenty-first century, Phelps argues that the earlier legal challenges laid the necessary groundwork for the modern movement for queer civil rights. By probing the fascinating human stories behind these cases, this book offers a rare glimpse into an important component in the movement for gay and lesbian equality and constitutional reform in the United States. The main contribution of the book is to challenge the widely held assumption that the Lawrence v. Texas decision came out of nowhere in 2003. In reality, over several decades grassroots activists had been busy building the organizational groundwork and legal strategies necessary for this final victory over archaic sodomy laws in the United States. In the process, these activists played significant roles in creating and shaping our modern gay and lesbian rights movement"-- Provided by publisher

"The Hunting Ground recounts the story of Erica Kinsman.1 On December 7, 2012, Erica, then a freshman at Florida State University (FSU), reported to campus police that she had been raped by an unknown male. Erica was transported to the hospital where her injuries were photographed, and samples were taken to test for the presence of semen. One month later, Erica told the investigating officer that she recognized the man who raped her from one of her classes. His name: FSU football sensation and future Heisman Trophy winner, Jameis Winston. Despite the identification, it took eleven months for Jameis' DNA to be tested and compared with the semen found on Erica's underwear. In the meanwhile, the FSU police secured a copy of the Tallahassee report, which they gave to administrators in the Athletic Department, who then turned it over to Jameis' lawyer."-- Provided by publisher

"The police cars come to a screeching halt. Defendant Dan Dastardly emerges from his car, hands in the air. The police conduct a warrantless search authorized by the exigency of the moment, and give Dastardly his Miranda warnings. Dan, in handcuffs, sneers at Steve McGarrett, who utters those infamous words: "Book 'im, Danno." Now what? What does it mean to "book him"? And what happens after that, during the long interval between arrest and trial? The major steps in the process are shown on the next page in Figure 1.1. This book will explore each of these steps in turn. As we do so, keep in mind that each of the actors in the system is well aware of the powers (and restrictions on the powers) of people in other parts of the system. That is critical to understanding many of the things that lawyers do during this process. Here we go, Danno"-- Provided by publisher

Contents: Overview of constitutional criminal procedure -- Introduction to the Fourth Amendment -- When does the Fourth Amendment apply? -- What does the Fourth Amendment require? : the doctrine of justification -- Search and arrest warrants -- Warrantless searches and seizures -- The exclusionary rule : rationale, operation, and limitations -- The voluntariness standard -- The Miranda approach -- The Sixth Amendment "right to counsel" approach -- Other investigative procedures : eyewitness identification, bodily intrusions, examination of physical attributes, entrapment, and "high-tech" and computer searches -- Epilogue: race, deterrence of police misconduct, and the future

"The 2020 murder of George Floyd rocked nearly every aspect of American life and brought issues of police brutality to the forefront of public discourse. In the wake of his death and under extreme public pressure, many politicians, police chiefs, and court officials acknowledged the existence of systemic inequality in the fields of policing and criminal justice. However, with few exceptions, one actor within the justice system remained painfully silent: prosecutors. Progressive Prosecution both argues that this group should be at the forefront of calls for criminal justice reform and provides a guidebook for how this can be achieved. To date, little has been written that offers real guidance to District Attorneys and their staffs to help them shape a new culture within their offices dedicated to race-conscious practices and even-handed approaches. And even less has been written to educate a broader audience about the importance of a race-sensitive, community-based prosecution function in making real change in the criminal justice system and moving toward real justice. Progressive Prosecution offers both through a curated collection of chapters written by criminal justice experts and practicing District Attorneys focused on those components of prosecution policy and practice that deserve and demand radical rethinking. The book puts forth a radical new vision of prosecution: prosecutors must redefine the future of the criminal justice system"-- Provided by publisher

"The Brady rule was meant to transform the justice system. In soaring language, the Supreme Court decreed in 1963 that prosecutors must share favorable evidence with the defense-part of a suite of decisions of that reform-minded era designed to promote fairness for those accused of crimes. But reality intervened. The opinion faced many challenges, ranging from poor legal reasoning and shaky precedent to its clashes with the very foundations of the American criminal legal system and some of its most powerful enforcers: prosecutors. In this beautifully wrought work of narrative nonfiction, Dybdahl illustrates the promise and shortcomings of the Brady rule through deft storytelling and attention to crucial cases, including the infamous 1984 murder of Catherine Fuller in Washington, DC, which led to eight young Black men being sent to prison for life after the prosecutor, afraid of losing the biggest case of his career, hid information that would have proven their innocence. With a seasoned defense lawyer's unsparing eye for detail, Thomas L. Dybdahl chronicles the evolution of the Brady rule-from its unexpected birth to the series of legal challenges that left it defanged and ineffective. Yet Dybdahl shows us a path forward by highlighting promising reform efforts across the country which offer a blueprint for a legislative revival of Brady's true spirit"-- Provided by publisher

"Do US Circuit Courts' decisions on criminal appeals influence sentence lengths imposed by US District Courts? We explore the use of high-dimensional instrumental variables to estimate this causal relationship. Using judge characteristics as instruments, we implement two-stage models on court sentencing data for the years 1991 through 2013. We find that Democratic, Jewish judges tend to favor criminal defendants, while Catholic judges tend to rule against them. We also find from our experiment that prosecutors backlash to circuit court rulings while district court judges comply. Methodologically, we demonstrate the applicability of deep instrumental variables to legal data"-- Back cover

"To ensure a fair criminal trial, effective sentencing advocacy is needed in every stage of prosecution, from investigation through plea, trial and sentencing hearings. With fewer criminal cases proceeding to trial, advocacy is increasingly critical for both prosecutors and defense attorneys and can determine whether or not a defendant receives an appropriate sentence. Here is a volume that comprehensively describes the steps to effective sentencing advocacy, addressing not only terms of imprisonment or probation, but fines, forfeiture, restitution and other collateral sentencing consequences. It emphasizes approaching sentencing advocacy holistically, treating it as a key component of attorney advocacy in every criminal case. Covering the fundamental sentencing procedures and concepts, it describes where and how attorneys can use advocacy to advance their clients' goals. It also explains aspects of sentencing that otherwise may appear too complex to a novice criminal practitioner. Importantly, this is not a book on sentencing law, although it addresses legal sentencing issues as they pertain to sentencing advocacy. Rather, the focus is on teaching attorneys how to use advocacy to achieve the best sentence for their clients"-- Provided by publisher

"The 2022-23 revision is a complete overhaul of the fourth edition and includes the following updates: The book's five-step method for classifying property has been reexamined and the former flowchart system has been replaced by narrative explanations of the aspects of property classification and the five-step method. The example classification scenarios that illustrate how to apply the five-step method have been reorganized and rewritten. Six new example classification scenarios have been added. The book's first and second chapters, which discuss the fundamental principles of property classification, have been streamlined and supplemented. In addition, all case and statutory citations have been updated, new Practice Tips have been added, and more cross-references to additional resources on various topics related to marital property classification in Wisconsin have been included." -- Publisher's website

Contents: Hiring new employees : complying with federal and state laws & guidelines for terminating employees on leave -- Hiring, onboarding, and managing remote workers : how to do it right -- Legal essentials of disciplining employees -- Conducting workplace investigations : legal best practices -- Firing employees : legal essentials -- Hiring discrimination issues : how to prevent and handle them -- Ethical issues in employment law

"In the last 20 years, the related phenomena of honour-based violence and forced marriages have received increasing attention at the international and European level. Punitive responses towards this type of violence have been adopted, including ad hoc criminalisation and legislation containing direct references to the concepts of honour, culture and tradition. However, criminal law-based responses present several shortcomings and have often disregarded the specific needs that victims of such crimes might encounter. This book examines the possibility of using alternative programmes to address cases of honour-based violence and forced marriages. After reviewing previous existing literature, it presents new empirical data. Introducing a case-study from the United Kingdom, the book recalls the debate on Sharia Councils and the Muslim Arbitration Tribunal but examines instead other community-based, secular, programmes. By comparison, a study from Norway on the work of the National Mediation Agency and the so-called Cross-Cultural Transformative Mediation model is investigated as part of a larger multi-agency approach. Ultimately, in an attempt to reconcile pluralism and the rule of law, the book proposes effective ways to tackle honour crimes based on cooperation and individualisation of the proceedings, and capable of improving women's access to justice and reducing secondary victimisation. The book will be essential reading for researchers and academics in Law, Criminology, Sociology, and Anthropology and for policy-makers and practitioners working with honour-based violence cases"-- Provided by publisher

"When does religious accommodation undermine the autonomy of others? On what grounds should religious accommodation claims be limited? This book offers an original model of religious accommodation which can be applied in practice in secular liberal democracies where religious diversity continues to pose various challenges. Firstly, the book makes a case for religious accommodation by addressing the key normative challenges raised by religious claims. Secondly, it offers a typology of how religious claims can be managed and limited through the careful balancing of competing interests. The author draws on case study examples from jurisdictions subject to the European Court of Human Rights and the European Union's Court of Justice such as the UK, Germany and France. The result is a timely contribution to the debate on how a legal duty or policy approach in favour of religious accommodation can be applied in practice. Moreover, the proposed model offers criteria that can be used to guide the implementation of equality policies in contexts such as employment and education. The book will be of interest to academics, legal practitioners and policy-makers"-- Provided by publisher

"What happens under international law if a state perishes due to rising sea levels without a successor state being created? Will the state cease to exist? What would this mean for its population? Have international law and globalization progressed enough to protect the people thus affected, or does international law still depend on the territorial state when it comes to protecting entire populations? Exploring these issues, this book provides answers to these pressing questions. Focusing on small island states as actors in the international community, it evaluates the challenges that the state as a subject of international law faces in general from globalization and humanization, and what this means for small island states threatened by rising seas. Highlighting the experience of the indigenous peoples of small island states as collectives, and to the individuals living in these states, the book addresses fundamental questions of general state theory and international law, drawing on an extensive body of source material. As rising sea levels present an increasingly pressing threat to small island states, this book highlights the importance of international protection of the individual and the capacity of international organizations to act within existing international law. It identifies pressing problems where immediate action is required and argues that, in future, the responsibility for protecting individuals could shift to the international community, if a sinking island state can no longer protect its population on its own"-- Provided by publisher

"In a world in which racism and xenophobia are endemic, what is the role of international law? To the extent international rules are thought to have any relevance at all, the typical approach characterizes international law as on the side of racial justice. Human rights instruments like the United Nations' International Convention on the Elimination of Racial Discrimination are paradigmatic, offering the world international agreements in which governments are directed to avoid racist behavior and promote antiracist action. In The Right to Exclude, Justin Desautels-Stein goes against the grain and asks whether certain rules of international law might actually produce structures of racial hierarchy, rather than limiting them. The intellectual fulcrum for this production, Desautels-Stein argues, lies in the ideological structures of sovereignty and property, the right to exclude that is shared in those twinned precincts, and the border regimes that result. Applying critical race theory to contemporary problems of migration, nationalism, multiculturalism, decolonization, and self-determination, Desautels-Stein expounds a theory of "postracial xenophobia," a structure of racial ideology that justifies and legitimates a pragmatic account of racialized foreignness, a racial xenos." -- Book jacket

"Offering a pluralist reading of transitional justice, this book focuses on dealing with value and interest conflicts constructively and encourages diversity in approaches to transitional situations. Using interdisciplinary techniques, it offers an enriched, more systematic perspective on a field that is still undertheorized and misunderstood"-- Provided by publisher

"[This] book analyses the role and responsibility of states for addressing 'modern slavery' -- a diverse set of practices usually perpetrated by non-state actors -- against the backdrop of international human rights law. It explores the dynamic between criminal law and human rights law and reveals the different ways these legal domains work to secure justice for victims. It also considers the 'absolute' nature of the prohibition of 'modern slavery' in human rights law, the range of practices covered by this umbrella term and their mutual relationships, the positive obligations of states established by international human rights tribunals owed to individuals subject to 'modern slavery', and the standards for assessing state responsibility in these situations. By engaging with the concept of exploitation in human rights law, which glues together diverse practices of 'modern slavery' into a coherent concept, this book elucidates the theoretical foundations of this fundamental human right and explains why human trafficking has an independent place within it. In addition to providing a comprehensive critique of the existing human rights jurisprudence, the book offers a roadmap for the future development of law on this subject, emphasising the limits of human rights law as a tool for addressing 'modern slavery'." -- Dust jacket

"This is a groundbreaking study on the important and little known role that lawyers have played as leaders in higher education. The book traces the history of lawyer campus presidents from the 1700s to present, exploring dozens of topics such as: where lawyer presidents went to law school; the percentage of lawyer presidents serving at public, private, community, HBCUs and religiously affiliated institutions; geographic concentrations of campuses led by lawyers, women lawyer presidents, pathways to the presidency for lawyers, commonalities in backgrounds, and more. The author explores reasons for an exponential increase in lawyers serving as campus leaders examining the growth of legal education and myriad legal and regulatory issues confronting higher education" -- Provided by publisher

"[This book] is a collection of fascinating essays by literary and legal scholars which explore the intersections between law and literature in Ireland from the eighteenth century to the present day. Sharing a concern for the cultural life of law and the legal life of culture, the contributors shine a light on the ways in which the legal and the literary have spoken to each other, of each other, and, at time, for each other, on the island of Ireland in the last three centuries. Several of the chapters discuss how texts and writers have found their ways into the law's chambers and contributed to the development of jurisprudence. The essays in the collection also reveal the juridical and jurisprudential forces that have shaped the production and reception of Irish literary culture, revealing the law's popular reception and its extra-legal afterlives." -- Back cover.

"Public Health Law in Practice provides public health practitioners, students, advocates, and the public with a comprehensive textbook on public health law. It is the first textbook that presents the principles of public health law in a narrative format intended for a public health audience combined with actual case law, which elucidates legal principles and doctrines and is the basis for legal eduction and practice." -- Preface

"Liberal conceptions of the moral justification for war have become dominant since the publication of Michael Walzer's Just & Unjust Wars in 1977. This dominance is seen across all contemporary manifestations of just war theory: from international relations and diplomatic discourse, from the minds and proclamations of military commanders and governmental leaders, to the everyday political assertions and philosophical rationalization of most individuals. Similarly, rights-based accounts of the moral justification of individual defensive killing have been dominant since, at least, Judith J. Thomson's work on the issue in the early Seventies. Over the past two decades, however, these already rich fields of research--just war theory and the ethics of defensive harm--have each experienced significant and sustained resurgence"-- Provided by publisher