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2016 Supplement: Civil Procedure, 4th, Rules, Statutes, and Recent Developments

Jay Tidmarsh, Thomas D. Rowe Jr., and Suzanna Sherry

The 2016 Statutory and Case Supplement brings the casebook up-to-date, noting new developments in a short introductory section. Because the supplement also includes edited versions of the most important new cases, as well as the Federal Rules of Civil Procedure, the Constitution, and relevant statutes, it can be used with any civil procedure casebook.
2016 Supplement, Civil Procedure: Rules, Statutes, and Recent Developments

Jay Tidmarsh, Suzanna Sherry, and Thomas D. Rowe Jr

The 2016 Statutory and Case Supplement brings the casebook up-to-date, noting new developments in a short introductory section. Because the supplement also includes edited versions of the most important new cases, as well as the Federal Rules of Civil Procedure, the Constitution, and relevant statutes, it can be used with any civil procedure casebook.
Nudging - Possibilities, Limitations and Applications in European Law and Economics

Avishalom Tor and Klaus Mathis

Editors: Klaus Mathis & Avishalom Tor

From the Publisher

This anthology provides an in-depth analysis and discusses the issues surrounding nudging and its use in legislation, regulation, and policy making more generally. The 17 essays in this anthology provide startling insights into the multifaceted debate surrounding the use of nudges in European Law and Economics.

Nudging is a tool aimed at altering people’s behaviour in a predictable way without forbidding any option or significantly changing economic incentives. It can be used to help people make better decisions to influence human behaviour without forcing them because they can opt out. Its use has sparked lively debates in academia as well as in the public sphere. This book explores who decides which behaviour is desired. It looks at whether or not the state has sufficient information for debiasing, and if there are clear-cut boundaries between paternalism, manipulation and indoctrination. The first part of this anthology discusses the foundations of nudging theory and the problems associated, as well as outlining possible solutions to the problems raised. The second part is devoted to the wide scope of applications of nudges from contract law, tax law and health claim regulations, among others.

This volume is a result of the flourishing annual Law and Economics Conference held at the law faculty of the University of Lucerne. The conferences have been instrumental in establishing a strong and ever-growing Law and Economics movement in Europe, providing unique insights in the challenges faced by Law and Economics when applied in European legal traditions.
United States v. Virginia, 518 US 515 (1996)

Christine Venter and Valerie K. Vojdik

Book Chapter

United States v. Virginia, 518 US 515 (1996), in Feminist Judgments: Rewritten Opinions of the United States Supreme Court 384 (Kathryn M. Stanchi, Linda L. Berger, and Bridget J. Crawford eds., 2016)
- Commentary by Christine Venter
- Judgment by Valerie K. Vojdik
What would United States Supreme Court opinions look like if key decisions on gender issues were written with a feminist perspective? Feminist Judgments brings together a group of scholars and lawyers to rewrite, using feminist reasoning, the most significant US Supreme Court cases on gender from the 1800s to the present day. The twenty-five opinions in this volume demonstrate that judges with feminist viewpoints could have changed the course of the law. The rewritten decisions reveal that previously accepted judicial outcomes were not necessary or inevitable and demonstrate that feminist reasoning increases the judicial capacity for justice. Feminist Judgments opens a path for a long overdue discussion of the real impact of judicial diversity on the law as well as the influence of perspective on judging.
- Contains contributions from more than 50 feminist scholars and lawyers, so readers will learn about feminist reasoning from experienced writers and thinkers
- People interested in the Supreme Court, politics, feminism and women's studies will gain from varied and informed perspectives through a feminist lens
Accounting for Lawyers, 5th ed.

Matthew J. Barrett and David R. Herwitz

This fifth edition of the most widely adopted text in the field demonstrates to novices how accounting issues interrelate with the legal profession. In an effort to make accounting as understandable as possible, this book uses a "learn by doing" approach, including: Illustrative financial statements from Starbucks Corporation Multiple problems using the financial statements from Amazon.com, Inc., Google Inc., and United Parcel Service, Inc. Designed for the law student with no accounting background, the fifth edition can also enable students with previous accounting experience to appreciate better how accounting concepts and financial statements affect legal issues. The first section of each chapter, entitled "Importance to Lawyers," explains how the topics discussed in that chapter affect the practice of law.
Italian Constitutional Justice in Global Context

Paolo G. Carozza, Vittoria Barsotti, Marta Cartabia, and Andrea Simoncini

Italian Constitutional Justice in Global Context is the first book ever published in English to provide an international examination of the Italian Constitutional Court (ItCC), offering a comprehensive analysis of its principal lines of jurisprudence, historical origins, organization, procedures, and its current engagement with transnational European law. The ItCC represents one of the strongest and most successful examples of constitutional judicial review, and is distinctive in its structure, institutional dimensions, and well-developed jurisprudence. Moreover, the ItCC has developed a distinctive voice among global constitutional actors in its adjudication of a broad range of topics from fundamental rights and liberties to the allocations of governmental power and regionalism. Nevertheless, in global constitutional dialog, the voice of the ItCC has been almost entirely absent due to a relative lack of both English translations of its decisions and of focused scholarly commentary in English.

This book describes the "Italian Style" in global constitutional adjudication, and aims to elevate Italian constitutional jurisprudence to an active participant role in global constitutional discourse. The authors have carefully structured the work to allow the ItCC's own voice to emerge. It presents broad syntheses of major areas of the Court's case law, provides excerpts from notable decisions in a narrative and analytical context, addresses the tension between the ItCC and the Court of Cassation, and positions the development, character, and importance of the ItCC's jurisprudence in the larger arc of global judicial dialog.
International Labour Law

Barbara Fick

The role of the ILO in the international labour law regime -- Substantive content of the core labour rights -- Enforcement mechanisms outside the ILO -- Reflections on core labour rights and the future of international labour law.
Supreme Court Labor Cases 2014–15 Term

Barbara Fick

This is section 6 from a symposium called "Recent Developments in Employment Law" hosted by the Indiana Continuing Legal Education Forum, December 10, 2015.
The Constitutional Legacy of William H. Rehnquist

Richard W. Garnett

Book Chapter

Richard W. Garnett, Chief Justice Rehnquist: Religious Freedom, and the Constitution, in The Constitutional Legacy of William H. Rehnquist 1 (Bradford P. Wilson ed., 2015)

It might not have been foreseen that William Rehnquist would have a marked influence on the Supreme Court’s interpretation, construction, and application of the First Amendment’s Religion Clauses. And yet, he certainly did. Kent Greenawalt wrote that Rehnquist – or, more precisely, the “Rehnquist Court” – “turned the constitutional law of religion upside down.” “[W]e have moved,” he reported, “from expansive readings of both of the religion clauses to narrow readings of the Free Exercise Clause and of very important aspects of the Establishment Clause.” It is suggested in this paper that in facilitating and guiding the “move[s]” identified by Greenawalt, Rehnquist for the most part “turned the constitutional law of religion” right-side up, rather than “upside down.” He left the Court’s Religion Clauses doctrine better than it was before, that is, better rooted in the Constitution’s text, history, structure, and values than it was when he joined the Court. In any event, that the “move[s]” happened, and that they happened in no small part because of him, seems beyond dispute. Rehnquist was able, for the most part, to exercise both judicial humility in the face of politically accountable actors’ attempts to deal with debatable questions of policy and morality – including most of the questions that arise in free-exercise and non-establishment cases – and careful review of measures and actions that might compromise the structural integrity of our Constitution. This paper’s appreciative review of his contributions to the Court’s Religion Clauses doctrine will, it is hoped, serve as a reminder that cases involving tension or collision between political and religious authority implicate the “first principles” of our constitutional experiment no less than those involving federal interference with the states’ appropriate functions or regulatory overreach by Congress.
National Security Law and the Constitution

Jimmy Gurule, Geoffrey Corn, Eric Jensen, and Peter Marguiles

This unique new concise treatise provides a highly accessible but also comprehensive and timely supplement for students studying National Security Law. Written by a team of experts in the field, this treatise serves as a useful supplement for the substantively rich but often overwhelming National Security Law texts currently on the market.
National Security Law: Principles and Policy

Jimmy Gurule, Geoffrey Corn, Eric Jensen, and Peter Margulies

Comprehensive and accessible, NATIONAL SECURITY LAW is a guide to the legal foundations that support key national security powers: diplomatic, intelligence, military, economic, and criminal. The authors provide essential sources of national security law, including constitutional text, judicial opinions, statutes,, and policies. Suitable as either a supplement or a stand-alone text, it illustrates national security law principles through discussion of war powers, followed by treatments of topical issues.
The International Legal System: Cases and Materials, 7th ed

Mary Ellen O'Connell, Richard F. Scott, Naomi Roht-Arriaza, and Daniel D. Bradlow

The world of international law continues to grow and change at an accelerated pace. The International Legal System, 7th edition captures the critical developments for law students as they prepare for the global legal marketplace.

Important additions include expanded treatment of international environmental law in a new chapter; updates on international legal theory; expanded coverage of cyber law; new cases on jurisdiction ranging from the International Court of Justice’s Jurisdictional Immunity of the State to the U.S. Supreme Court’s Kiobel v. Shell; the latest results of international trade talks, and new cases at the intersection of armed conflict and human rights.

Professor Daniel Bradlow has joined the book following his tenure with the South African Reserve Bank. He and his co-authors are uniquely equipped to carry forward the book’s enduring strength: Investigating the inter-linkages of international, national, and regional law.
Criminal Procedure After Rehnquist

Stephen F. Smith

Book Chapter

Criminal Procedure After Rehnquist, in The Constitutional Legacy of William H. Rehnquist 31 (Bradford P. Wilson ed., 2015)

September 3, 2015 marks the 10th anniversary of the death of Chief Justice William H. Rehnquist. His 33 years on the Supreme Court of the United States made his tenure on the Court the eighth longest in American history. Though much has been written on the Rehnquist Court, relatively little scholarly work has been devoted to Rehnquist's own influence on legal interpretation and the development of Supreme Court doctrine. To assess Rehnquist's constitutional legacy, this volume examines three areas of constitutional interpretation in which he made influential and, it would seem, lasting contributions―federalism, criminal procedure, and the place of religion in America's constitutional design. The contributors to this book are well known for their expertise in these three constitutional domains. By organizing the volume around three central essays and commentaries on each, the book provides not only an overview of Rehnquist's contributions to major constitutional themes, but also differing perspectives on the essays themselves and on Rehnquist's constitutional legacy. Among the contributors to this work are John S. Baker, Jr.; Charles J. Cooper; Donald L. Drakeman; Richard W. Garnett; Kent Greenawalt; R. Shep Melnick; Robert F. Nagel; Stephen J. Schulhofer; and Stephen F. Smith.
The Law of Electronic Surveillance: August 2014 Volumes 1 & 2

Patricia L. Bellia and James G. Carr
Supreme Court Cases 2013–14 Term

Barbara Fick

This is section 6 from a symposium called "Recent Developments in Employment Law" hosted by the Indiana Continuing Legal Education Forum, December 16, 2014.
Lost Classroom, Lost Community: Catholic Schools' Importance in Urban America

Nicole Stelle Garnett and Margaret F. Brinig

In the past two decades in the United States, more than 1,600 Catholic elementary and secondary schools have closed, and more than 4,500 charter schools—public schools that are often privately operated and freed from certain regulations—have opened, many in urban areas. With a particular emphasis on Catholic school closures, Lost Classroom, Lost Community examines the implications of these dramatic shifts in the urban educational landscape.

More than just educational institutions, Catholic schools promote the development of social capital—the social networks and mutual trust that form the foundation of safe and cohesive communities. Drawing on data from the Project on Human Development in Chicago Neighborhoods and crime reports collected at the police beat or census tract level in Chicago, Philadelphia, and Los Angeles, Margaret F. Brinig and Nicole Stelle Garnett demonstrate that the loss of Catholic schools triggers disorder, crime, and an overall decline in community cohesiveness, and suggest that new charter schools fail to fill the gaps left behind.

This book shows that the closing of Catholic schools harms the very communities they were created to bring together and serve, and it will have vital implications for both education and policing policy debates.
Contraception & Persecution

Charles E. Rice and Steve Mosher

“Contraceptive sex,” wrote social science researcher Mary Eberstadt in 2012, “is the fundamental social fact of our time.” In this important and pointed book, Charles E. Rice, of the Notre Dame Law School, makes the novel claim that the acceptance of contraception is a prelude to persecution. He makes the striking point that contraception is not essentially about sex. It is a First Commandment issue: Who is God? It was at the Anglican Lambeth Conference of 1930 when for the first time a Christian denomination said that contraception could ever be a moral choice. The advent of the Pill in the 1960s made the practice of contraception practically universal. This involved a massive displacement of the Divine Law as a normative measure of conduct, not only on sex but across the board. Nature abhors a vacuum. The State moved in to occupy the place formerly held by God as the ultimate moral Lawgiver. The State put itself on a collision course with religious groups and especially with the Catholic Church, which continues to insist on that traditional teacher. A case in point is the Obama Regime’s Health Care Mandate, coercing employees to provide, contrary to conscience, abortifacients and contraceptives to their employees. The first chapter describes that Mandate, which the Catholic bishops have vowed not to obey. Rice goes on to show that the duty to disobey an unjust law that would compel you to violate the Divine Law does not confer a general right to pick and choose what laws you will obey. The third chapter describes the “main event,” which is the bout to determine whether the United States will conform its law and culture to the homosexual (LGBTQ) lifestyle in all its respects. “The main event is well underway and LGBTQ is well ahead on points.” Professor Rice follows with a clear analysis of the 2013 Supreme Court decision on same-sex marriage. Part II presents some “underlying causes” of the accelerating persecution of the Catholic Church. The four chapter headings in this part outline the picture: The Dictatorship of Relativism; Conscience Redefined; The Constitution: Moral Neutrality; and The Constitution: Still Taken Seriously? The answer to the last question, as you might expect, is: No. Part III, the controversial heart of the book, presents contraception as “an unacknowledged cause” of persecution. The first chapter argues that contraception is not just a “Catholic issue.” The next chapter describes the “consequences” of contraception and the treatment of women as objects. The third chapter spells out in detail the reality that contraception is a First Commandment issue and that its displacement of God as the ultimate moral authority opened the door for the State to assume that role, bringing on a persecution of the Church. The last chapter, “A Teaching Untaught,” details the admitted failure of the American Catholic bishops to teach Pope Paul VI’s 1968 encyclical, Humanae Vitae. But Rice offers hope that the bishops are now getting their act together Part IV offers as a “response” to the persecution of the Church three remedies: Speak the Truth with clarity and charity; Trust God; and, most important, Pray. As the last sentence in the book puts it: “John Paul II wrote in a letter to U.S. bishops in 1993: ‘America needs much prayer – lest it lose its soul.’” This readable and provocative book is abundantly documented with a detailed index of names and subjects.
The Attorney's Guide to the Seventh Circuit Court of Appeals, 5th ed.

Stephen E. Arthur and Kenneth F. Ripple

Co-editors: Honorable Kenneth F. Ripple and Laura A. Kaster
Regional Protection of Human Rights

Paolo G. Carozza and Dinah Shelton

What role do human rights play in the development of regional organizations? What human rights obligations do states assume upon joining regional bodies? Regional Protection of Human Rights, second edition is the first text of its kind devoted to the European, Inter-American and African systems for the protection of human rights. It illustrates how international human rights law is interpreted and implemented across international organizations and offers examples of political, economic, social problems and legal issues to emphasize the significant impact of international human rights law institutions on the constitutions, law, policies, and societies of different regions.

Regional Protection of Human Rights provides readers with access to the basic documents of each legal system and their inter-relationships, enabling readers to apply those documents to ever-changing global situations, and alerting them to the dynamic nature of regional human rights law and institutions. The jurisprudence of the European and Inter-American Courts and decisions of the Inter-American and African Commissions are emphasized, including decisions on the interpretation and application of various human rights, procedural requirements and remedies. Prospects for regional systems in the Middle East and Asia are also discussed. The relevant basic texts are reproduced in a documentary supplement.

Together, Regional Protection of Human Rights and its accompanying Documentary Supplement provide comprehensive access to the basic documents of each legal system and their inter-relationships, enabling readers to apply those documents to ever-changing global situations, and alerting them to the dynamic nature of regional human rights law and institutions. In addition to serving as a text for courses on human rights law, the book will be useful for courses in international law, international relations, and political science. It is also be a helpful resource for lawyers and policy-makers concerned with the protection of human rights.
Complex Criminal Litigation: Prosecuting Drug Enterprises and Organized Crime, 3rd ed.

Jimmy Gurule

Complex Criminal Litigation: Prosecuting Drug Enterprises and Organized Crime provides practitioners and others interested in the federal criminal justice system with a comprehensive analysis of the arsenal of federal laws that provide federal prosecutors the means to combat criminal organizations, their leadership (i.e. the so-called "kingpins") and their infrastructure. These statutes include the Racketeer Influenced and Corrupt Organizations Act (RICO); the Continuing Criminal Enterprise or CCE statute; the Money Laundering Control Act; federal firearms statutes; and criminal and civil forfeiture laws that permit the seizure and forfeiture of the profits and instrumentalities of illegal enterprises. Further, the treatise includes an analysis of the principal legal issues that federal prosecutors and defense attorneys need to consider in handling long-term, complex criminal conspiracies that frequently involve multiple and diverse criminal acts from the rules relating to grand jury secrecy, granting immunity, bail, criminal discovery, and all points in between. Finally, because organized criminal activity respects no national boundaries, the treatise includes a comprehensive discussion of international criminal law, including extraterritorial jurisdiction and extradition. Criminal trial attorneys involved in litigating complex criminal cases will benefit greatly from reading this treatise.
International Criminal Law: Cases and Materials

Jimmy Gurule, Jordan J. Paust, Bruce Zagaris, Leila Sadat, Michael P. Scharf, and M. Cherif Bassiouni

The fourth edition has been significantly updated, especially to reflect case trends in the International Criminal Court and the International Criminal Tribunals for Former Yugoslavia and for Rwanda (encompassing, among other matters, individual responsibility, defenses, war crimes, genocide, and other crimes against humanity). Some of the chapters have new sub-subtitles and relevant domestic cases have been added or noted in various chapters. There are also additions to the Documents Supplement.
Intellectual Property and the Common Law

Mark McKenna

Book Chapter

Mark McKenna, Trademark Law's Faux Federalism, in Intellectual Property and the Common Law 288 (Shyamkrishna Balganesh ed., 2013)

Federal and state trademark laws regulate concurrently: The Lanham Act does not preempt state law, and in fact many states have statutorily and/or judicially developed trademark or unfair competition laws of their own. This state of affairs, which is now well-accepted even if it has not always been uncontroversial, distinguishes trademark law from patent and copyright law, since federal patent and copyright statutes preempt state law much more broadly. The Patent Act entirely preempts state law with respect to non-secret inventions and the 1976 Copyright Act preempts state copyright law with respect to all works fixed in a tangible medium of expression.

According to the common wisdom, concurrent trademark regulation derives from the historical primacy of state law, which federal law later supplemented but did not supplant entirely. John Cross, for example, argues characteristically that the Lanham Act - builds upon a foundation of state-law rights, leaving states generally free to regulate the field of trademarks. This essay evaluates that claim and its implied premise that state law has always played an important role in trademark law. As it demonstrates, proper characterization of state law‘s historical role depends in substantial part on one‘s understanding of the status of general law before the Supreme Court‘s decision in Erie Railroad Co. v. Tompkins.

To illustrate, this essay describes the history of trademark and unfair competition in three periods: (1) the pre-Erie era, in which trademark and unfair competition claims were understood as distinct species of the same general legal right, both of which were substantively determined by the common law; (2) the period after Erie and straddling passage of the Lanham Act, before courts had settled on an interpretation of the statute under which claims for infringement of unregistered trademarks could be brought under §43(a); and (3) the modern era, in which the Supreme Court and Congress have accepted and cemented that interpretation, making it possible to bring most trademark and unfair competition claims under the Lanham Act. It argues that, while state law has technically played a role in all three periods, it has never really played a significant substantive role, except in some cases in the modern era to broaden the scope of rights beyond the federal statute. In fact, the persistent sense that federal and state law regulate concurrently has masked a significant federalization of trademark and unfair competition law over the last forty to fifty years. The reasons for that federalization deserve some scrutiny. If those reasons are persuasive, then we should question any continuing role for state trademark law.
The Law of Biodiversity and Ecosystem Management

John Copeland Nagle

This law school casebook defines biodiversity, outlines factors in choosing among different policy approaches for it's protection, and finding appropriate levels of administration for implementing those policies. Also features original notes and questions to stimulate class discussion.
Right or Wrong? 40 Years Inside Notre Dame

Charles E. Rice

In What Happened to Notre Dame? (St. Augustine’s Press, 2009), Charles E. Rice, Professor Emeritus at Notre Dame Law School, traced that university’s loss of Catholic identity to the Land O’Lakes Declaration of 1967 in which Notre Dame and other “Catholic” universities declared their independence from the Church. In fact they substituted for the positive guidance of the Magisterium a counterfeit orthodoxy of political correctness, money, and secular prestige. This book, Right or Wrong, is a compilation of columns Professor Rice wrote for the campus newspaper, The Observer, from 1970 through 2010. Those bi-weekly columns are concise, readable, and practical. They offered the students an access to the authentic teachings of the Church that they might not otherwise get in the politically correct “Catholic” university of Land O’Lakes. Those columns present those teachings, not as abstractions, but as practical guides to real-life issues. Drawing upon his wide experience in constitutional law, jurisprudence, tort, and other areas, Professor Rice tells it like it is on a wide range of issues, including abortion, euthanasia, contraception, homosexuality, pornography, clergy sex abuse, feminism, marriage, bioethics, the death penalty, just war principles, the War on Terror, “Catholic” politicians, etc., etc. He describes Land O’Lakes as a “suicide pact” that has made “Catholic” universities subservient to government, corporate donors, foundations, and the secular educational establishment. Professor Rice, however, goes beyond criticism. He offers a very practical way for Notre Dame to recover its Catholic identity. And he urges that we pray, especially through the intercession of Notre Dame, Our Lady, for her University and for our country.
Cases and Materials in Juvenile Law

J. Eric Smithburn

Cases and Materials in Juvenile Law, second edition, provides teachers of juvenile law and process with a comprehensive set of course materials to examine both the delinquency and child welfare systems. Arranged in sixteen chapters, the book is roughly divided equally between delinquency and child welfare. There are separate chapters on children's rights in public schools, special advocacy for children, mental health commitment of children, and alternative systems of dispute resolution in children's cases. Each chapter contains notes and questions intended to supplement the material and stimulate discussion. Some chapters contain problems, which put the student in a practical setting to analyze possible legal solutions. The first and last chapters of the book contain material which encourages an examination of the history and philosophical underpinnings of the juvenile court and a critical analysis of the future of the juvenile court. No attempt is made to advocate a blueprint for the juvenile court; rather various possibilities are offered for discussion at the end of term.