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Modern Complex Litigation, 2d ed.

Jay Tidmarsh and Roger H. Trangsrud

Modern Complex Litigation is the successor to Complex Litigation and the Adversary System, which was published in 1998. Due to the many developments in this field, the authors have reorganized and completely rewritten the text. Most of the principal cases used in the new edition have been decided since 1998, and many of the notes discuss cases, literature, and developments that have arisen in the past decade. In the interest of creating an accessible, student-friendly text, the book has been substantially shortened through the careful editing of cases and the use of short, informative notes. At the same time, the casebook still attempts to achieve the prior casebook's comprehensive survey of the field. After an introductory chapter, the casebook examines issues regarding the structure of the lawsuit and the aggregation of claims (such as joinder, preclusion, MDL transfer, class actions, and jurisdiction), and then addresses issues that arise during pretrial, trial, a
The Future of Investment Arbitration

Roger P. Alford and Catherine Rogers

Investment arbitration is at the cutting edge of international law and dispute resolution, and is predicted to be a major factor in the development of the global economic system in years to come. This one-volume monograph contains contributions from leading experts on a wide range of topics of both theoretical importance and practical implication that will affect the future of investment arbitration. The highly innovative chapters combine to form a constructive and valuable discussion for all in the arbitration field. The contributors, chosen to represent the full spectrum of perspectives, are leading arbitration experts from all over the world, including ICSID insiders, US government officials, UNCTAD research personnel, seasoned investment arbitrators and counsel, and renowned legal scholars.

The book is divided into three themes, with the first centering on the adequacy of UNCITRAL and ICSID arbitration rules, with particular attention to recent and proposed changes. The second theme focuses on the future of bilateral investment treaties, discussing trends in the interpretation of treaty provisions and the debate concerning the efficacy of the treaties in benefiting developing countries. The third theme revolves around the public function of investment arbitration decisions, including the use of arbitration to resolve disputes between sovereigns and the arbitrators' role as a guardian of international public policy.

The Future of Investment Arbitration is unique in its outstanding range of topics and the expertise of the contributors. It previews and guides future directions in the field, as well as discussing the larger policy implications of specific rules. It includes cutting-edge analysis of empirical research regarding BITS that is essential to evaluating many assumptions about investment law and arbitration. Finally, the book takes a broad perspective, examining the rules discussed within the larger structural context of investment arbitration, and drawing investment arbitration into the wider setting of international law and corporate governance.
Studies in American Tort Law, 4th ed.

Alan Gunn and Vincent R. Johnson

A careful mix of law, policy, ethics, and economics, Studies in American Tort Law is designed for first-year torts courses. Recognizing that torts is a prime battleground for social policy, this book seeks to reflect not only the current rules on injury compensation, but also the policy choices underlying those rules. Within a clear, doctrinal framework, a range of views is presented, reflecting dominant themes in tort law. Students are introduced to, but not overwhelmed with, law and economics. Economic analysis is employed when particularly useful (e.g., in connection with the negligence balancing test, strict liability, and calculation of damages). The law-and-economics notes can be used as a starting point for classroom discussion, or they can be allowed to stand on their own, without need for elaboration. The fourth ed. includes: * Comprehensive citations to the Restatement, Third, of Torts * The latest Supreme Court precedent on punitive damages and preemption * Readable statutory excerpts reflecting new legislative developments * Careful attention to ethical issues in the practice of law * Scores of citations to new court decisions * Several new principal cases. The fourth ed. is completely up-to-date to 2009, including a rich selection of materials reflecting the abundance of important recent developments in tort law. A comprehensive teacher's manual updated for the fourth ed., Teaching Torts, will be available. Mastering Torts: A Student's Guide to the Law of Torts (4th ed.), a short narrative text which parallels the casebook, assists students to fully understand this area of law
Criminal and Forensic Evidence: Cases, Materials, Problems, 3rd ed.

Jimmy Gurule and Robert J. Goodwin

This unique casebook adopts a modern, comprehensive approach to the study of evidence issues that arise in the context of criminal trial litigation. It covers evidentiary issues associated with the admission of forensic evidence, including expert testimony, as well as traditional evidence issues, such as evidence of prior bad acts offered for purposes other than to prove propensity, and evidence of a rape victim's prior sexual behavior. The materials are presented in two parts that allow for a Criminal Evidence course focused solely on forensic science, solely on traditional criminal evidentiary issues, or a combination of both topics.

The third edition provides students the most current and comprehensive examination of the Supreme Court's Sixth Amendment Confrontation Clause jurisprudence emanating from its recent decisions in Crawford v. Washington, Davis v. Washington, Giles v. California, and Melendez-Diaz v. Massachusetts. The new edition includes an extensive analysis of how federal and state courts post-Crawford have applied the Supreme Court's "testimonial" evidence and "primary purpose" tests for determining whether the admission of hearsay statements violates the Sixth Amendment right of confrontation
International Law and the Use of Force: Cases and Materials, 2d ed.

Mary Ellen O'Connell

This casebook may get more attention today than ever before in its history. From the Russian invasion of Georgia to the on-going detentions at Guantanamo Bay, the use of suicide bombs, to the workings of the United Nations Security Council in a crisis like Darfur, some of the most pressing legal issues of the day are found in this branch of international law. The book: Brings together cases and materials on both the law governing the resort to armed force (jus ad bellum) and the law governing the conduct of force (jus in bello) Provides a dynamic introduction for students, scholars, and practitioners. In addition to adding important new cases from the International Court of Justice, the United States Supreme Court, Israeli High Court of Justice, and others, the second edition adds a completely new chapter on prohibited weapons that begins with nuclear weapons and ends with suicide bombs.
Lawyers, Clients, and Moral Responsibility, 2nd ed.

Thomas L. Shaffer and Robert F. Cochran Jr.

This edition explores the place of moral and social values in the law office with the use of engaging stories, dialogues, and discussion. The book presents a practical way for lawyers to raise and discuss moral issues with clients. It will serve as an engaging supplement to professional responsibility, client counseling, and legal clinic courses. This edition adds substantial discussion of the place of moral discourse within law firms and corporations, ways to engage the powerless client in moral discourse, and the place of social justice in client counseling.
Appellate Review of Trial Court Decisions

J. Eric Smithburn

Understanding the different standards of review is necessary to the lawyer's informed reading of the appellate opinion. Further, the lawyer should use standard of review to discuss with the client the nature of the trial court's decision and the likelihood of success on review. If the client understands the difference between questions of law, which are reviewed de novo, and discretionary decisions, which are generally deferred to unless unreasonable, he or she will form realistic expectations about the trial and whether to consider an appeal. This casebook discusses the role of appellate courts and the history of appellate review and presents an overview of the concepts of scope of review and standard of review. It is organized into chapters on the different standards of review and includes notes and questions. The book is adaptable to a lecture-discussion format or as a classroom adjunct to a seminar-research paper arrangement.
Davies on contract, 10th ed.

Geoffrey J. Bennett and Robert Uppex

'Davies on Contract' introduces contract law, breaking the subject down into its component parts and providing an explanation of each area. This edition has been extensively rewritten and restructured to reflect the changes in the way that contract law is presently taught.

CONTENTS:
- Making the agreement
- What is within the agreement
- Defects in the agreement
- Who is within the agreement
- Ending the agreement
Comparative Legal Traditions in a Nutshell, 3d ed.

Paolo G. Carozza, Mary Ann Glendon, and Colin B. Picker

An introduction to comparative law written from the American lawyer’s viewpoint rather than that of the European civil law lawyer. This expert discussion concentrates on the three major legal traditions of the West: civil, common, and socialist. Subjects covered include legal structures in civil law nations; legal actors in civil law tradition; procedure; substantive law; sources of law; judicial process; and rules. Also contains chapters on the European Union and the European human rights system.
Congress & Sports Agents: A Legislative History of the Sports Agent Responsibility and Trust Act

Edmund P. Edmonds, William H. Manz, and Thomas J. Kettleson.

Although a majority of individual states have adopted legislation directed toward the conduct of sports agents, the federal government found it necessary to enact Public Law 108-304, the Sports Agent Responsibility and Trust Act (SPARTA). Congress has recognized that many acts of sports agents go unpunished because of disparate, ineffective, or in some cases, a complete absence of state laws.

This volume offers readers the legislative history of SPARTA, including copies of the law, reports, hearings, and related bills. An additional feature of the set is an appendix containing state legislation in this area. The appendix includes the language from each specific state that enacted the uniform act while also including those acts from legislatures who charted their own course.
Unfunding Terror: The Legal Response to the Financing of Global Terrorism

Jimmy Gurule

The September 11, 2001 terrorist attacks that claimed the lives of 2,973 innocent civilians required as much as $500,000 to stage. At the time, al Qaeda was operating on an annual budget of between $30 and $50 million. However, despite the obvious fact that terrorists need money to terrorize, preventing the financing of terrorism was not a priority for the United States or the international community prior to 9/11. Jimmy Gurule, former Under Secretary for Enforcement in the US Department of the Treasury, provides the first book-length, comprehensive analysis of the legal regime that evolved following the terrorist attacks. The book begins with a discussion of how shutting down the pipelines of funding is as important as dismantling the terrorist cells themselves.Next, the book covers the various means and methods used by terrorist groups to raise money, and examines how money is transferred globally to finance their lethal activities. The principal components of the legal strategy to disrupt the financing of terrorism are then discussed and evaluated. Unfortunately, the author concludes that the legal regime has met with mixed results, and finds that the sense of urgency to deprive terrorists of funding that existed following 9/11 has since dissipated. As a result, international efforts to freeze terrorist assets have dramatically declined. Moreover, the US Department of Justice has suffered several embarrassing and disappointing legal defeats in prosecuting major terrorist financiers.The author therefore provides numerous recommendations to Congress, the Executive Branch, and the UN Security Council for strengthening the legal regime to deny terrorists the money needed to wage global jihad, acquire weapons of mass destruction, and launch another terrorist attack on the scale of 9/11. "Unfunding Terror" fills an important gap in the literature and will be essential reading for counter-terrorism experts, law enforcement and national security officials, policy makers, academics and all those interested in the global war on terror.
The Practice and Policy of Environmental Law, 2nd ed.

John Copeland Nagle, James Salzman, and J. B. Ruhl

More than any other environmental law survey casebook, this book conveys the substantive material in real-world practice contexts, with significant chapters on permitting and rulemaking, enforcement, compliance counseling, business transactions, and private litigation. Changes made for the second edition provide a more streamlined and coordinated presentation of the major environmental laws and programs.
The Power & Purpose of International Law: Insights from the Theory & Practice of Enforcement

Mary Ellen O'Connell

The world is poised for another important transition. The United States is dealing with the impact of the Afghan and Iraq wars, the use of torture and secret detention, Guantanamo, climate change, nuclear proliferation, weakened international institutions, and other issues related directly or indirectly to international law. The world needs an accurate account of the important role of international law and The Power and Purpose of International Law seeks to provide it.

Mary Ellen O'Connell explains the purpose of international law and the power it has to achieve that purpose. International law supports order in the world and the attainment of humanity's fundamental goals of peace, prosperity, respect for human rights, and protection of the natural environment. These goals can best be realized through international law, which uniquely has the capacity to bind even a superpower of the world. By exploring the roots and history of international law, and by looking at specific events in the history of international law, this book demonstrates the why and the how of international law and its enforcement. It directly confronts the notion that international law is "powerless" and that working within the framework of international law is useless or counter-productive. As the world moves forward, it is critical that both leaders and their citizens understand the true power and purpose of international law and this book creates a valuable resource for them to aid their understanding. It uses a clear, compelling style to convey topical, informative and cutting-edge information to the reader.
Christians in the American Empire: Faith & Citizenship in the New World Order

Vincent D. Rougeau

What does it mean to be a Christian citizen of the United States today? This book challenges the argument that the United States is a Christian nation, and that the American founding and the American Constitution can be linked to a Christian understanding of the state and society. Vincent Rougeau argues that the United States has become an economic empire of consumer citizens, led by elites who seek to secure American political and economic dominance around the world. Freedom and democracy for the oppressed are the public themes put forward to justify this dominance, but the driving force behind American hegemony is the need to sustain economic growth and maintain social peace in the United States.

This state of affairs raises important questions for Christians. In recent times, religious voices in American politics have taken on a moralistic stridency. Individual issues like abortion and same-sex marriage have been used to "guilt" many Christians into voting Republican or to discourage them from voting at all. Using Catholic social teaching as a point of departure, Rougeau argues that conservative American politics is driven by views of the individual and the state that are inconsistent with mainstream Catholic social thought. Without thinking more broadly about their religious traditions and how those traditions should inform their engagement with the modern world, it is unwise for Christians to think that pressing single issues is an appropriate way to actualize their faith commitments in the public realm.

Rougeau offers concerned Christians new tools for a critical assessment of legal, political and social questions. He proceeds from the fundamental Christian premise of the God-given dignity of the human person, a dignity that can only be realized fully in community with others. This means that the Christian cannot simply focus on individual empowerment as 'freedom' but must also seek to nurture community participation and solidarity for all citizens. Rougeau demonstrates what happens when these ideas are applied to a variety of specific contemporary issues involving the family, economics, and race. He concludes by offering a new model of public engagement for Christians in the American Empire.
Civil Procedure, 2d ed.

Jay Tidmarsh, Thomas D. Rowe, and Suzanna Sherry

Professors choosing a civil procedure book have always faced difficult dilemmas. The "breadth vs. depth" trade-off is particularly acute in this field, and the matter is complicated by the fact that civil procedure might be allocated as few as 3 or as many as 6 credits. This book aims to ease that dilemma by structuring the material so that it can be taught quickly but at a high levels; the cases and notes are short but intellectually challenging. At less than 700 pages, most of the book can be covered in as few as 4 credit hours, but the materials are rich enough to expand discussion to 6 credit hours. For each individual topic, it is possible to use this book to cover the basics or to probe the issues in depth, depending on the time allocated. The book also introduces students to the themes that run through civil procedure: efficiency and fairness, the advantages and disadvantages of the adversarial system, real-life litigation strategies, and issues of federalism and separation of powers inherent in the American judicial system. Each chapter begins by exploring these themes through excerpts from scholarship in the field, and is followed by notes and questions. The cases have been chosen to capture the students' interest as well as to teach the topics.
Cyberlaw: Problems of Policy and Jurisprudence in the Information Age. 3d ed.

Patricia L. Bellia, David G. Post, and Paul Schiff Berman

This innovative casebookwhich has proved extremely popular with students and professors alikestarts from the premise that cyberlaw is not simply a set of legal rules governing online interaction, but a lens through which broader jurisprudential issues can be re-examined. Accordingly, this book goes beyond plugging Internet-related cases into a series of pre-existing doctrinal categoriesFirst Amendment, copyright, trademark, etc.and instead emphasizes the conceptual debates that cut across the areas of doctrine touched by cyberspace. Moreover, the casebook uses the rise of the Internet to encourage readers to reconsider various assumptions in traditional legal doctrine. This dual focus provides readers with broad-based and sophisticated training in Internet-related legal issues while also making the argument that cyberlaw is a coherent and useful field of study. Thus, instead of compiling a list of topic areas, the book seeks to define a set of conceptual issues that extend across the spectrum of Internet legal dilemmas. While all of the traditional subject matter areas of cyberlaw are addressed, they are placed in a new framework one that asks both students and professors to consider what it is that cyberlaw has to teach us about law more generally. The new edition retains the qualities that have made the book so successful in law schools across the country. It is compact, serves a variety of course formats, builds new cases on top of a foundation of non internet legal doctrine, and fosters lively and provocative class discussions. The third edition will, of course, provide updated case and statutory coverage, but in addition, the casebook has undergone a major revision to provide even greater conceptual clarity and respond to user feedback Treatment of subjects has been adjusted throughout to reflect new thinking in the field, each chapter now includes greater framing to highlight the issues to be explored, materials have been reordered to make more intuitive conne
Economics of Family Law

Margaret F. Brinig

Economists have studied numerous fields of law for many years, but family law was virtually neglected until the early 1970s. It was only relatively recently that economic insights about the family crept into the consciousness of those involved in legal research. The articles within this book explore a range of family law issues and include discussions on a variety of topics including cohabitation, births outside marriage, courtship, premarital contracting, marriage and parenting. The volume includes papers on the division of responsibilities between family and state, the effects of no-fault divorce, alimony, property division and child custody. There are also works on intergenerational transfers and the elderly. The collection contains articles written by leading authorities in the field and provides a stimulating exploration of the subject of family law and economics. The book will be accessible to a wide audience, including students of law and economics, as well as both academic and practising lawyers.
Comparative Legal Traditions: Text, Materials, and Cases on Western Law, 3d ed.

Paolo G. Carozza, Mary Ann Glendon, and Colin B. Picker

This new edition includes some significant revisions since the last edition was published in 1994. The new edition includes: A greater emphasis on Public Law in the Continental and Common law traditions; More coverage of the impact of the regional European law (EC EU and ECHR) on the legal traditions; Some updated Problems (including one concerning Mixed Jurisdictions); and Numerous updates to the Common Law Tradition materials in light of the many significant reforms in England over the last ten years.
Social Security for Migrant Workers: The EU, ILO & Treaty Based Regimes

Barbara Fick and Alma Clara Garcia Flechas

Book Chapter

Social Security for Migrant Workers: The EU, ILO & Treaty Based Regimes, in 9 International Law: Revista Colombiana de Derecho Internacional 45 (Diana Carolina Olarte Bacarés, ed., 2007)

ISSN: 1692-8156

Migrant workers face special problems in terms of qualifying for, and receiving payment under, national social security systems. In an effort to mitigate these problems, many states coordinate their social security systems. This paper explores how coordination schemes work in regional mechanisms such as the European Union, in international conventions adopted by the International Labour Organisation, and in multi-lateral treaties such as the Andean Social Security Instrument.
Recovering Self-Evident Truths

Richard W. Garnett

Book Chapter

Richard W. Garnett, Criminal Law: "Everlasting Splendours" - Death-Row Volunteers, Lawyers’ Ethics, and Human Dignity, in Recovering Self-Evident Truths 254 (Michael A. Scaperlanda & Teresa Stanton Collett eds., 2007)

This book presents an engaging collection of essays exploring "catholic" and "Catholic" perspectives on American law―catholic in their claims of universal truths, and Catholic in their grounding in the teachings of the Roman Catholic Church. What emerges is a model of human freedom and flourishing that has its foundation in the transcendent vocation of each and every human person.

The 2000-year-old Catholic Church played a pivotal role in the formation of the western legal culture. Does it have anything of relevance left to offer that culture in the 21st century? The contributors to Recovering Self-Evident Truths answer with a resounding yes.

The opening essays present the guiding premises of the volume as a whole: human persons must be respected by governments and law because their objective dignity arises from being made in the image and likeness of God. Reasoning from these premises, the next set of essays situates the person within community, exploring the implications for the American legal system of taking seriously Catholic understanding of subsidiarity, solidarity, the common good, and the relationship between freedom and truth. The next set of essays concludes the foundational material by engaging dominant secular political and legal theory from a Catholic perspective.

With the foundation set, the essays in the second half of the book explore eight specific substantive areas of the law―Contract Law, Property Law, Tort Law, Criminal Law, Labor Law, Family Law, Immigration Law, and International Law―through a Catholic lens.

Recovering Self-Evident Truths is particularly timely: a majority of the justices on the United States Supreme Court are Catholic; Catholics represent a pivotal voting demographic in the American political landscape; and the issue of religion and religious values in the public square is hotly debated as some warn against a creeping theocracy. This book demonstrates that religiously founded values can serve to provide constructive proposals for building a more just society.
Tradizioni in subbuglio = Traditions in Turmoil

Mary Ann Glendon, Paolo G. Carozza, and Marta Cartabia

Author: Mary Ann Glendon

Editors: Paolo Carozza & Marta Cartabia

From the Publisher

Tradizioni in subbuglio è una raccolta di saggi di Mary Ann Glendon comparsi in epoche diverse su riviste giuridiche americane. I saggi che questa raccolta propone al lettore italiano toccano le principali tematiche di ricerca della studiosa americana: dalle riflessioni storiche e teoriche sulle condizioni per lo sviluppo della democrazia al ruolo dei giudici nei sistemi di civil law e di common law; dalle tematiche generali dei diritti umani alla libertà di religione e al diritto di famiglia. Questo libro si propone di far conoscere in Italia i principali contributi di una delle più grandi studiose americane di diritto costituzionale contemporanee, la cui voce spicca per l’originalità dei contenuti, la profondità del pensiero e lo charme della forma espositiva.

Tradizioni in subbuglio (Traditions in Turmoil), offers Italian readers an important, glimpse into the opus of an extraordinary scholar. It is a collection of short essays originally published in English which, with clarity equal to the acumen of the views expressed, takes the reader through the history of the Universal Declaration of Human Rights, charting its history, particularly its legacy.
International Criminal Law: Cases and Materials

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

The third edition has been significantly updated, especially to reflect case trends in 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), as well as developments and issues with respect to creation of the new permanent International Criminal Court. Some chapters have been deleted and some materials have been cut back to include new materials for a more manageable book.
The Planning and Drafting of Wills

Thomas L. Shaffer, Carol Ann Mooney, and Amy Jo Boettcher

This text, prepared by recognized experts in the field, addresses questions and issues that arise during the drafting of wills and trusts, particularly by couples. In addition, the authors offer insightful commentary. Representative chapters include Planning Together, Rebuilding Together, Non-Estate Planning, and Planning for Disability.
Civil Procedures: Essentials

Jay Tidmarsh and Suzanna Sherry

Civil Procedure: The Essentials takes view of the first-year Civil Procedure course. Renowned scholar-teachers Sherry and Tidmarsh distill and explain the essential elements of civil procedure in this concise, user-friendly paperback. This text will be an asset to your classroom with its dependable features. It helps students understand the superstructure of Civil Procedure: underlying principles, themes, and connected ideas.
Holocaust Restitution: Perspectives on the Litigation and Its Legacy

Roger P. Alford and Michael J. Bazyler

Holocaust Restitution is the first volume to present the Holocaust restitution movement directly from the viewpoints of the various parties involved in the campaigns and settlements. Now that the Holocaust restitution claims are closed, this work enjoys the benefits of hindsight to provide a definitive assessment of the movement.

From lawyers and State Department officials to survivors and heads of key institutes involved in the negotiations, the volume brings together the central players in the Holocaust restitution movement, both pro and con. The volume examines the claims against European banks and against Germany and Austria relating to forced labor, insurance claims, and looted art claims. It considers their significance, their legacy, and the moral issues involved in seeking and receiving restitution.