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• Preface to the third edition
• Preface to the first edition
• Formation
• Financial structure
• Governance
• Duties of directors and officers
• Special problems of closely held corporations
• Securities fraud and regulation
• Mergers and acquisitions.

• Introduction
• The constitutional imaginaries of the Missouri Crisis
• The Declaration of Independence and Black citizenship in the 1820s
• Abolitionism and the Constitution in the 1830s
• The slaveholding south and the constitutionalization of slavery
• Theories of the Federal Compact in the 1830s
• Slavery, the District of Columbia, and the Constitution
• The Congressional crisis of 1836
• The Compact and the election of 1836
• The afterlife of the compact of 1836
• Conclusion

"Missouri's application for statehood was immediately and universally recognized as a moment of crisis for the Union. The significance of the moment for the nation was signaled through references to it as the most pivotal debate since the adoption of the Constitution itself. The sectional dimension of the conflict meant that the "Missouri question must necessarily excite warm feelings" reasoned the editor of The American, but the nature of the conflict meant more than that was at stake"-- Provided by publisher

• The problem of iatrogenic injury
• Nightmare in Dallas--the Ebola case : a medical error paradigm
• IOM and public disclosure of the error problem
• To err is human
• Injury incidence : the scope of the problem
• The medical malpractice litigation system
• Meditations on medical torts
• Defensive medicine : a response to the legal response?
• Error reporting : a flawed panacea
• Legal innovations to promote patient safety : an introduction
• Incentives-good, bad, and perverse
• Systems, errors, and responsibility--it's the system's fault!
• Regulation and engaged surveillance
• Information technology
• Epilogue: The path forward

"Closing Death's Door explores innovative legal strategies to address the challenge of medical error. In the United States today, several hundred thousand patients die in hospitals each year because of errors in medical treatment-the nation's third leading cause of death. The legal mechanism designed to deal with this epidemic of injury and death is the medical malpractice system. It has failed to stem the tide of iatrogenic harm. Among the reasons are the costliness of the malpractice system, its availability to only a minuscule percentage of those harmed, and decades of "tort reform" efforts that have effectively extinguished the system for all but the most egregious claims. In 1999, in To Err Is Human, the Institute of Medicine (now the National Academy of Medicine) sounded an alarm about the toll taken by medical error. Its proposed solution-a set of reporting systems to document problems and generate data on which solutions might be based-has been a failure. The time has come for a fresh look at what the law might do to contribute to patient safety. To begin a conversation about legal innovations designed to spur healthcare system improvements directed at reducing harmful medical errors, this book explores a number of possible steps, including: Well-designed economic incentives to stimulate greater investment in safety. Promotion of systems approaches to safer delivery of care. Government regulation and surveillance in especially risky treatment contexts. Encouragement of a range of technological improvements, especially involving information technology"-- Provided by publisher

• Introduction to the feminist judgments : rewritten torts opinions project / Martha Chamallas and Lucinda M. Finley
• Palsgraf v. Long Island Railroad Co., 162 N.E. 99 (N.Y. 1928) / Taunya Lovell Banks and Maurice R. Dyson
• Escola v. Coca Cola Bottling Co. of Fresno, 150 P.2d 436 (Cal. 1944) / Mary J. Davis and Zanita E. Fenton
• Farwell v. Keaton, 240 N.W.2d 217 (Mich. 1976) / E. Christi Cunningham and Sarah L. Swan
• Tarasoff v. Regents of the University of California, 551 P.2d 334 (Cal. 1976) / Jaimie R. Abrams, Sharmila Lodhia and Stephanie Wildman
• Robinson v. Cutchin, 140 F. Supp. 2d 488 (D. Md. 2001) / Yvonne Lindgren and Alena Allen
• Guthrie v. Conroy, 567 S.E.2d 403 (N.C. Ct. App. 2002) / L. Camille Hebert and Sandra Sperino
• Lyman v. Huber, 10 A.3d 707 (Me. 2010) / Caroline Forell, Jeffrey Thomas and Leah Thomas
• Sipple v. Chronicle Publishing Co., 201 Cal. Rptr. 665 (Cal. Ct. App. 1984) / Anna Lauren Hoffman and Scott Skinner-Thompson
• Sharon P. v. Arman, Ltd., 989 P.2d 121 (Cal. 1999) / Jessica Hynes and Yifat Bitton
• Broadnax v. Gonzalez, 809 N.E.2d 645 (N.Y. 2004) / Elizabeth Kukura, Eileen Kaufman and Laura Dooley
• Boyles v. Kerr, 855 S.W.2d 593 (Tex. 1993) / Lisa R. Pruitt and Cristina Tilley
• Emerson v. Magendantz, 689 A.2d 409 (R.I. 1997) / Lucinda M. Finley and Katherine Silbaugh
• McCarty v. Pheasant Run, Inc., 826 F.2d 1554 (7th Cir. 1987) / Molly Wilder and Hannah Brenner
• Lisa M. v. Henry Mayo Newhall Hospital, 907 P.2d 358 (Cal. 1995) / Christine M. Tamer and Stacey Tovino
• G.M.M. v. Kimpson, 116 F. Supp. 3d 126 (E.D.N.Y. 2015) / Twila L. Perry, Jennifer B. Wriggins and Sara Cressey
• Simpkins v. Grace Brethren Church of Delaware, Ohio, 73 N.E.3d 122 (Ohio 2016) / Jill Wieber Lens and Shaakirrah Sanders

"By rewriting both canonical and lesser-known tort cases from a feminist perspective, this volume exposes gender and racial bias in how courts have categorized and evaluated harm stemming from prenatal malpractice, pregnancy loss, domestic violence, sexual assault and harassment, invasion of privacy, and the award of economic and non-economic damages. The rewritten opinions demonstrate that when confronted with gendered harm to women, courts have often distorted or misapplied conventional legal doctrine to diminish the harm or deny recovery. Bringing this implicit bias to the surface can make law students, and lawyers and judges who craft arguments and apply tort doctrines, more aware of inequalities of race, gender, class, and sexual orientation or identity. This volume shows the way forward to make the basic doctrines of tort law more responsive to the needs and perspectives of traditionally marginalized people, in ways that give greater value to harms that they disproportionately experience"-- Back cover

• Corrupted from the start
• The Supreme Court chooses inequality
• Learning equality
• Fixing the Constitution
• Defining and defending citizenship
• Equality for half
• The Supreme court strikes back
• Epilogue

On July 4, 1852, Frederick Douglass stood in front of a crowd in Rochester, New York, and asked, "What to the slave is the Fourth of July?" The audience had invited him to speak on the day celebrating freedom, and had expected him to offer a hopeful message about America; instead, he'd offered back to them their own hypocrisy. How could the Constitution defend both freedom and slavery? How could it celebrate liberty with one hand while withdrawing it with another? Theirs was a country which promoted and even celebrated inequality. From the very beginning, American history can be seen as a battle to reconcile the large gap between America's stated ideals and the reality of its republic. Its struggle is not one of steady progress toward greater freedom and equality, but rather for every step forward there is a step taken in a different direction. In Inventing Equality, Michael Bellesiles traces the evolution of the battle for true equality - the stories of those fighting forward, to expand the working definition of what it means to be an American citizen -from the Revolution through the late nineteenth century. He identifies the systemic flaws in the Constitution, and explores through the role of the Supreme Court and three Constitutional amendments - the 13th, 14th, and 15th - the ways in which equality and inequality waxed and waned over the decades.
(source: Nielsen Book Data)

• Introduction
• Parental alienation : an introduction
• Admissibility of expert testimony on parental alienation
• Interventions in parental alienation cases
• Presenting a case of parental alienation in court
• The role of guardian ad litem and child representative
• Fallacies, false positives, and fake news : misinformation about parental alienation
• Parental alienation and domestic violence
• Parental alienation around the world
• Litigating parental alienation : tips for practitioners

"How to evaluate and present an effective case in family court"-- Provided by publisher

• Preface
• Introduction
• Charging, discretion, and diversion
• Plea bargaining : an introduction
• Plea bargaining rules and practice
• Plea bargaining concerns
• Plea bargaining reform
• Plea bargaining as negotiation
• Plea bargaining : sitting down at the table
• Problem solving courts/therapeutic justice
• Problem solving courts : concerns
• Restorative justice
• Restorative justice effectiveness and concerns
• Juvenile legal system : an introduction
• Are juveniles different?
• Alternative processes for juveniles

"[This book] brings together criminal procedure, current policy debates, and dispute resolution concepts to examine the practice of criminal law in the 21st century. The first half of the book is devoted to plea bargaining, first covering the basic caselaw, practice, policy concerns, and reform proposals. In addition, this section explains negotiation theory and applies it to the practice of plea bargaining. The second half of the book covers problem solving and therapeutic justice courts, including drug courts and mental health courts; restorative justice; and juvenile justice"-- Provided by publisher

• Introduction
• Lessons from the land and the men who loved it
• Finding his way among the faithful
• Coming into his own
• Matters of the military
• Politics and private practice
• The wit and wisdom of short opinions
• The art of administration
• Across the Pacific
• Splitting the Circuit
• Preserving the buildings of the Ninth Circuit
• Epilogue: The legacy of Richard Harvey Chambers

• Diverse strategies, common purpose : selling public franchises for private gain
• Missing from utility merger markets : competitive discipline
• The structural result : concentration and complication no one intended --- Suboptimal couplings cause economic waste
• Merging parties divert franchise value from the customers who created it
• Mergers can distort competition : market power, anticompetitive conduct and unearned advantage
• Hierarchical conflict harms customers
• Regulators unreadiness : checklists instead of visions
• Promoters' strategy : frame mergers as simple, positive, inevitable
• How do regulators respond? : by ceding leadership, underestimating negatives and accepting minor positives
• Explanations : passion gaps and mental shortcuts
• Regulatory posture and practice : less instinct, more analysis; less reactivity, more preparation
• Regulatory infrastructure : strengthen regulatory resources, clarify statutory powers, assess prior mergers' effects
• The U.S. electric industry : a tutorial

• Preface
• The industry
• Levels of automation
• Automation hardware and software
• Effects of automated vehicles
• The federal regulatory apparatus
• State regulation of motor vehicles and driving
• Automated vehicle guidance and laws
• Liability for automated vehicle crashes
• Level 2 driving automation systems
• Level 3 automated driving systems
• Level 4 and level 5 automated driving systems
• Immunity for level 4 and level 5 crashes
• Automated rental vehicles
• Automated ridesharing vehicles
• State and local government liability risks
• Federal regulation of data privacy and security
• State data privacy and security laws
• Liability for cybersecurity breaches and cyberattacks
• Automobile crimes
• Physical and digital interference with automated vehicles
• The right to seize and search highly automated vehicles and their occupants
• Searches of automated vehicle data

"This book is framed around five areas of automated vehicle law: (1) background on automated vehicles, (2) the regulation of automated vehicles, (3) civil liability for automated vehicle crashes, (4) data security and privacy, and (5) criminal law"-- Provided by publisher

• Strategy for studying federal courts and jurisdiction
• Federal question jurisdiction in lower federal courts
• Diversity of citizenship jurisdiction in lower federal courts
• Supplemental jurisdiction in lower federal courts
• Justiciability doctrines
• Congressional control over jurisdiction
• The Anti-injunction Act
• Abstention doctrines
• State court authority to enforce federal law
• State court responsibility to enforce federal law
• Role of the United States Supreme Court
• Role of lower federal courts
• Eleventh Amendment restrictions
• Section 1983
• The Erie Mandate
• Federal common law

• Introduction
• Sources of title in the territories
• The land company experiment
• The rise of federal title
• Federal sovereignty
• Laws of war and peace
• Expenses of sovereignty
• Equal footing
• Epilogue: Three systems

• Introduction
• Defining "animal"
• Criminal law
• Torts
• Remedies for harm done to animals
• Contracts
• State and local regulation of animal ownership
• Wills and trusts
• Standing
• Selected federal wildlife laws
• Farmed animals
• Animals in research
• Hunting, trapping, and fishing
• Animal activism
• International animal law

• The appearance of corruption : an introduction
• What do Americans know about campaign finance?
• Gauging (perceived) corruption
• Perceived corruption and trust in government
• Perceived corruption and political participation
• Campaign contributions and partisan vote choice
• Whither campaign finance jurisprudence?

"The sanctity of political speech is a key element of the U.S. Constitution and a cornerstone of the American republic. When the Supreme Court linked political speech to campaign finance in its landmark Buckley v. Valeo (1976) decision, the modern era of campaign finance regulation was born. In practical terms, this decision meant that in order to pass constitutional muster, any laws limiting money in politics must be narrowly-tailored and serve a compelling state interest. The lone state interest the Court was willing to entertain was the mitigation of corruption. In order to reach this argument the Court advanced a sophisticated behavioral model, one with key assumptions about how laws will affect voters' opinions and behavior. These assumptions have received surprisingly little attention in the literature. This book takes up the task of identifying and analyzing empirically the Court's presumed links between campaign finance regulations and political opinions and behavior. In so doing, we rely on original survey data and experiments from 2009-2016 to openly confront the question of what happens when the Supreme Court is wrong, and when the foundation of over 40 years of jurisprudence is simply not true"-- Provided by publisher

• Preface
• Introductory
• Domicile
• Jurisdiction
• Choice of law
• Erie Doctrine
• Judgments
• Family

• State wildlife conservation
• The road to Missouri v. Holland
• Forest conservation in the states
• Western forest reserves
• Eastern forest reserves
• Managing federal lands
• State and local pollution control
• Federalizing pollution control
• The conservation movement's constitutional legacy

"Over the course of the twentieth century, the United States emerged as a global leader in conservation policy—negotiating the first international conservation treaties, pioneering the idea of the national park, and leading the world in creating a modern environmental regulatory regime. And yet, this is a country famously committed to the ideals of limited government, decentralization, and strong protection of property rights. How these contradictory values have been reconciled, not always successfully, is what Kimberly K. Smith sets out to explain in The Conservation Constitution—a book that brings to light the roots of contemporary constitutional conflict over environmental policy.In the mid-nineteenth century, most Progressive Era conservation policies would have been considered unconstitutional. Smith traces how, between 1870 and 1930, the conservation movement reshaped constitutional doctrine to its purpose—how, specifically, courts and lawyers worked to expand government authority to manage wildlife, forest and water resources, and pollution. Her work, which highlights a number of important Supreme Court decisions often overlooked in accounts of this period, brings the history of environmental management more fully into the story of the US Constitution. At the same time, illuminating the doctrinal innovation in the Progressives’ efforts, her book reveals the significance of constitutional history to an understanding of the government’s role in environmental management." -- Provided by publisher
"In The Conservation Constitution, Kim Smith examines how the Progressive Era conservation movement shaped constitutional doctrine. Most Progressive policies aimed at protecting natural resources would have been considered unconstitutional in the mid-nineteenth century. But by 1920, constitutional objections to the new conservation regime had been met and governmental authority to manage natural resources was written into constitutional law. Smith seeks to answer a central question - how did constitutional doctrine evolve to accommodate this expansion of government power over the environment - by exploring the evolution of constitutional doctrine supporting wildlife conservation, forest conservation, and pollution control, from the late nineteenth century through the 1920s. She highlights a string of important Supreme Court decisions usually overlooked in histories of this period, including Geer v. Connecticut, Light v. United States, United States v. Grimaud, Missouri v. Holland, Hunt v. United States, Missouri v. Illinois, and Georgia v. Tennessee Copper Co"-- Provided by publisher

• Preface to the eleventh edition
• General provisions
• Judicial notice
• (Burdens of proof and) presumptions in civil (and criminal) actions and proceedings
• Relevance and its limits
• Privileges
• Witnesses
• Opinions and expert testimony
• Hearsay
• Authentication and identification
• Contents of writings, recordings, and photographs

"The Nutshell, reflecting the Federal Rules of Evidence as restyled and amended up to and including December 1, 2020, contains [an]...explanation of each Federal Rule of Evidence designed to prepare every student for the course final, the multistate bar examination, and most significantly a successful litigation practice career. The United States Supreme Court's controversial testimonial/nontestimonial interpretation of the Confrontation Clause developed in Crawford and progeny is thoroughly analyzed as well. With respect to the definition of hearsay, the not hearsay definition, the most commonly encountered hearsay exceptions, expert witnesses, and character evidence even more exhaustive treatment is provided. Concrete illustrations are presented throughout."-- Publisher's website

• Introduction
• The Women's March and the marketplace of ideas
• Take a knee and the Pledge of Allegiance
• Libel, actual malice, and the civil rights movement
• Student speech from National School Walkout Day to the Vietnam War
• Stormy Daniels and the Pentagon Papers
• Flipping off the president and fuck the draft
• Seven dirty words, Samantha Bee, and indecency
• Saturday Night Live, Hustler, and the power of parody
• Nazis in Charlottesville, funeral protests, and speakers we hate
• Social media, public parks and the 'vast democratic forums of the Internet'
• Afterword

A user's guide to understanding contemporary free speech issues in the United States Americans today are confronted by a barrage of questions relating to their free speech freedoms. What are libel laws, and do they need to be changed to stop the press from lying? Does Colin Kaepernick have the right to take a knee? Can Saturday Night Live be punished for parody? While citizens are grappling with these questions, they generally have nowhere to turn to learn about the extent of their First Amendment rights. The Fight for Free Speech answers this call with an accessible, engaging user's guide to free speech. Media lawyer Ian Rosenberg distills the spectrum of free speech law down to ten critical issues. Each chapter in this book focuses on a contemporary free speech question-from student walkouts for gun safety to Samantha Bee's expletives, from Nazis marching in Charlottesville to the muting of adult film star Stormy Daniels- and then identifies, unpacks, and explains the key Supreme Court case that provides the answers. Together these fascinating stories create a practical framework for understanding where our free speech protections originated and how they can develop in the future. As people on all sides of the political spectrum are demanding their right to speak and be heard, The Fight for Free Speech is a handbook for combating authoritarianism, protecting our democracy, and bringing an understanding of free speech law to all.
(source: Nielsen Book Data)

• Introduction
• Defining hate speech
• Favoring human rights : the international response
• Favoring free speech : the U.S. response
• First Amendment theories : arguments and counter arguments
• Social justice, recognition theory, and a new legal response
• From R.A.V. v. St. Paul to Matal v. Tam : the parameters of restriction
• Hate speech and the internet : Elonis v. U.S.
• Campus speech : hate speech versus free speech
• Conclusion

"Free Speech and Hate Speech in the United States explores the concept and treatment of hate speech in light of escalating social tensions in the global twenty-first century, proposing a shift in emphasis from the negative protection of individual rights toward a more positive support of social equality. Drawing on Axel Honneth's theory of recognition, the author develops a two-tiered framework for free speech analysis that will promote a strategy for combating hate speech. To illustrate how this framework might impact speech rights in the U.S., she looks specifically at hate speech in the context of symbolic speech, disparaging speech, internet speech and speech on college campuses. Entering into an ongoing debate about the role of speech in society, this book will be of key importance to First Amendment scholars, and to scholars and students of communication studies, media studies, media law, political science, feminist studies, American studies, and history"-- Provided by publisher

• Formalism and categorical doctrine
• Dominant academic approaches to free speech : strengths and shortcomings
• Free speech and proportionality
• Civic community and social context
• US formalism and EU proportionality alternative
• Offense, incitement, true threats, and hate speech
• Terrorist incitement on the internet
• First Amendment on campus
• High schooler speech in the age of the internet
• On the campaign trail : money and politics
• Conclusion

"Free speech is an essential component to the operation of a representative government committed to equal rights and the general welfare of the people. The constitutional right to engage in open expression is designed to secure personal dignity, civic engagement, and flow of information. No generation of interpreters can claim to capture its full relevance to social cohesion. The broad statement found in the Constitution has long been the subject of evolving, sometimes inconsistent, constitutional meaning. Since the early twentieth century, the Supreme Court has been at the forefront of efforts to articulate the range of words, symbols, arts, and other objects or activities that the First Amendment protects. Interpretation takes into account a variety of constitutional contexts, principles, and discursive considerations. As Justice Sotomayor pointed in her dissent to Manhattan Community Access Corporation v. Halleck, the context within which a statement is said should be considered along with the actual words allegedly in violation of a law"-- Provided by publisher

• Clerking for Roger J. Traynor / Roland E. Brandel and James E. Krier
• Juanita Kidd Stout : personal reflections on a woman of firsts / Margaret Connors
• Clerking for North Carolina's first lady of the law : North Carolina Supreme Court Justice Susie Marshall Sharp / Anna R. Hayes
• California's Technicolor clerkship : Rose Bird and her clerks / Kirsten D. Levingston
• Hans Linde : and so he stands among the last of the great state judges / Ronald K. L. Collins
• "Lawyer heaven" : clerking for Judith S. Kaye / Henry M. Greenburg
• Clerking for the Honorable Burnita Shelton Matthews : a southern gentle woman / Polly Wirtzman Craighill
• Edward Weinfeld : steadfastly principled judge and warmhearted teacher / Mitchell A. Lowenthal
• Remembrance of Judge Edmund L. Palmieri / Ruth Bader Ginsburg
• John H. Wood Jr. : mentor, friend, and hero / Ronald J. Johnson
• Learning to be a lawyer for justice : an east Texas clerkship / Lynn E. Blais
• Eugene H. Nickerson : a tribute / Jeremy Maltby
• A life of legal firsts / Carmel "Kim" Prashker Ebb
• Clerking for judge Elbert Tuttle : a privileged witness / Alfred C. Aman and Anne S. Emanuel
• Judge Frank M. Johnson Jr. and his extended law clerk family : reminiscences on working for a living profile in courage / Ronald J. Krotoszynski, Jr.
• John Minor Wisdom : un petit homage / Barry Sullivan
• Clerking for a giant : Henry Friendly and his law clerks / David M. Dorsen
• The Honorable A. Leon Higginbotham Jr. / Robert J. Kaczorowski
• Creating a family of social justice advocates : our transformative year as Keith law clerks / Robin Konrad and Karla McKanders
• A job for a year, an example for a lifetime : clerking for judge Jane Richards Roth / Chad M. Oldfather

"Like almost all studies that have appeared since scholars realized--about twenty years ago--that law clerks play important roles in judicial decision-making, those collections focused on the Supreme Court. Given the importance of the Court and of its clerkships as stepping stones to greater things, this is not surprising. But federal courts, and cases, are far more numerous. In this final volume of his trilogy focusing on clerks, Peppers shows that the distinctive doings of lower court clerks are at least as important, and interesting, as those of their Supreme Court counterparts"-- Provided by the publisher

• Introduction
• Due process of law
• Protection of the laws
• The privileges and immunities of citizenship
• Abridgement of rights before and after the Civil War
• The Fourteenth Amendment
• Privileges, immunities, and incorporation
• The past and future of the Fourteenth Amendment

"The standard public debate over the Fourteenth Amendment goes something like this. Critics of the Supreme Court's interpretations of the Fourteenth Amendment over the last several decades believe that the Court has used the Amendment's provisions for "due process of law" and "equal protection of the laws" as open-ended vehicles for judicial policymaking, whether on abortion or gay marriage or a host of other issues. Indeed, it is difficult for someone sympathetic to the result in the 2015 gay marriage case Obergefell v. Hodges to read the Court's opinion and get the feeling that what the Court is doing is law. The case was decided under the rather nebulous concept "substantive due process," the idea that the Fourteenth Amendment's injunction that no person shall be deprived of life, liberty, or property without due process of law is not merely about process as its terms might suggest, but also about "substance"--Namely, that the clause protects unwritten, unenumerated fundamental rights or prohibits arbitrary and oppressive legislation"-- Provided by publisher

• Introduction
• Framing the issue
• Rotten to the core
• Honor among thieves
• Sequestering the convicted : part I
• Sequestering the convicted : part II
• Criminal desistance summonsed
• A community change agent
• A healthy ambivalence
• Conclusion

"Today, all but one U.S. jurisdiction restricts a convicted felon's eligibility for jury service. In the majority of states, this restriction is permanent. Still, the exclusion of convicted felons from juries garners little attention. Are there valid, legal reasons for banishing millions of Americans from the jury process? What are the effects of felon-juror exclusion statutes for jury systems, convicted felons, or jurisdictions that impose them? Twenty Million Angry Men provides the first full account of this pervasive yet invisible form of civic marginalization. Drawing on his groundbreaking research, James Binnall challenges the professed rationales for felon-juror exclusion and highlights the benefits of inclusion, as they relate to criminal desistance at the individual and community levels. Ultimately, this forward-looking book argues that a history of criminal justice system involvement is an asset, not a liability, when it comes to serving as a juror"-- Provided by publisher

• Introduction
• Federal prosecution yesterday and today
• Confirming U.S. attorneys
• Departures and removals
• Theorizing political responsiveness in prosecutorial decision making
• To prosecute or not : prosecutors as agenda setters
• The charging & bargaining decisions
• Criminal asset forfeiture as a political tool
• Conclusion: The political prosecutor today and tomorrow

"In February 2016, while testifying in a House Appropriations Subcommittee hearing, U.S. Attorney General Loretta Lynch, a Barack Obama appointee, promised that her department would act with independence in investigating Hillary Clinton's usage of a personal email server during her tenure as Secretary of State. During that hearing, Congressman John Carter (R-TX) asked Lynch: If the FBI makes the case that Hillary Clinton mishandled classified information and put America's security at risk, will you prosecute the case? . . .[P]lease look the American people in the eye and tell us what your position is as you are the chief prosecutor of the United States. In response to this questioning, Lynch asserted that: [The matter] is being handled by . . . independent attorneys in the Department of Justice. They follow the evidence, they look at the law and they'll make a recommendation to me when the time is appropriate. . .This will be conducted as every other case. We will review all the facts and all the evidence and come to an independent conclusion as how to best handle it. And I am also aware of no efforts to undermine our review or investigation into this matter at all (Goldman 2016). Despite strong claims of prosecutorial independence, many Republicans complained that a Department of Justice run by Obama appointees could not impartially pass legal judgment on the Hillary Clintonemails matter. A June 27, 2016 meeting between Lynch and former U.S. President Bill Clinton would not help matters. The two privately talked for approximately 20 minutes on a plane sitting on the Phoenix Sky Harbor airport tarmac in a meeting described as unplanned and "primarily social." Despite the meeting's claimed innocuous content, it "caused a cascading political storm" for Hillary Clinton's presidential campaign and "provided fodder for Republicans who have accused the Justice Department of bias in its inquiry into Secretary Clinton's use of a private email server at the State Department" (Chozick 2016). Even Democrats expressed concerns about the meeting Senator Chris Coons (D-DE) remarked that "I do think that this meeting sends the wrong signal . . . I think she should have steered clear, even of a brief, casual social meeting with the former president"-- Provided by publisher

• Introduction
• The territorial approach to choice of law : concepts and limitations
• Modern approaches to choice of law
• A few areas of modern interest
• Constitutional limitations on choice of law
• Recognition of judgments
• Conflict of laws and domestic relations
• The law applied in federal courts
• Conflict of laws in the international sphere

• Accessory dwelling units / Tyler Adams
• Cluster/conservation subdivision in rural/urban area / Alec LeSher
• District heating and cooling zones / Kyler Massner
• Height & setbacks to encourage renewables / Kerrigan Owens
• Live-work units / Tyler Adams
• Local recycling centers / Kyler Massner
• Mixed-use / Tyler Adams
• Renewable energy for historic buildings / Alec LeSher
• Solar energy systems and wind turbines by-right / Kerrigan Owens
• Tiny homes and compact living spaces / Kerrigan Owens
• Density bonus for installation of solar energy systems / Gabby gelozin
• Energy and water efficiency / Brandon Hanson
• Green roofing / Alec LeSher
• Infill development / Tyler Adams
• Limiting off property shading of solar energy systems / Trisana Spence, Kathryn Leidahl
• Pervious cover minimums and incentives / Kerrigan Owens
• Priority parking for hybrid & electric vehicles / Kyler Massner
• Property assessed clean energy program / Kyler Massner
• Property tax exemptions for renewable energy systems / Brandon Hanson
• Recycle, salvage and reuse building materials / Brandon Hanson
• Recycling in multi-family and commercial buildings / Tyler Adams
• Renewable energy with incentives / Brandon Hanson
• Transit-oriented development / Kyler Massner
• Varying unit sizes within multi-family and mixed-use buildings / Alec LeSher
• Alternative pedestrian routes to parking areas, neighborhoods, and businesses / Kyler Massner
• Energy benchmarking, auditing, and upgrading / Tyler Adams
• Green zones / Brandon Hanson
• Limit solar restrictions in HOAs and /or CC&Rs / Caragh McMaster, Tegan Jarchow
• Maximum size of single-family residences / Alec LeSher
• Native trees and invasive trees / Tyler Adams
• Open space impact fees / Tyler Adams
• Parking in-lieu fees / Quinn Le Frois
• Parking maximums / Brandon Hanson
• Safe routes / Nicole Steddom
• Site & solar orientation / Glenn Holmes, Bradley Adams
• Solar-ready construction / Bradley Adams
• Third-party certification requirements / Kerrigan Owens
• Tree canopy cover / Alec LeSher
• Urban growth area / Alec LeSher
• Urban service area / Alec LeSher
• Vegetation protection areas / Brandon Hanson
• Water efficient landscaping / Alec LeSher
• Zero net energy buildings / Brandon Hanson

• Origins
• The Court at work
• The justices
• The chief justice
• The Court and the other branches
• The Court and the public
• The Court and the world

For 30 years, Pulitzer Prize-winning journalist Linda Greenhouse chronicled the activities of the U.S. Supreme Court and its justices as a correspondent for the New York Times. In this Very Short Introduction, she draws on her deep knowledge of the court's history and of its written and unwritten rules to show readers how the Supreme Court really works. Greenhouse offers a fascinating institutional biography of a place and its people-men and women who exercise great power but whose names and faces are unrecognized by many Americans and whose work often appears cloaked in mystery. How do cases get to the Supreme Court? How do the justices go about deciding them? What special role does the chief justice play? What do the law clerks do? How does the court relate to the other branches of government? Greenhouse answers these questions by depicting the justices as they confront deep constitutional issues or wrestle with the meaning of confusing federal statutes. Throughout, the author examines many individual Supreme Court cases to illustrate points under discussion, ranging from Marbury v. Madison, the seminal case which established judicial review, to the recent District of Columbia v. Heller (2008), which struck down the District of Columbia's gun-control statute and which was, surprisingly, the first time in its history that the Court issued an authoritative interpretation of the Second Amendment. To add perspective, Greenhouse also compares the Court to foreign courts, revealing interesting differences. For instance, no other country in the world has chosen to bestow life tenure on its judges. The second edition of Greenhouse's Very Short Introduction tracks the changes in the Court's makeup over the last eight years, considers the landmark decisions of the Obama and Trump eras, and reexamines the precarious fates of such precedents as Roe v. Wade. A superb overview packed with telling details, this volume offers a matchless introduction to one of the pillars of American government.
(source: Nielsen Book Data)

• Legitimacy and minority rights
• The group antipathy theory of Supreme Court legitimacy
• Under siege : gay rights and immigration at the Supreme Court
• Opening the floodgates : big business, citizens united, and evaluations
• Experimental tests of the group antipathy model
• How citizens use groups to evaluate judicial preferences
• Group antipathy and strategic behavior on the Supreme Court

• Introduction to administrative law
• How agencies fit into our system of separated powers
• Adjudication
• Due process
• Rulemaking
• The availability of judicial review
• The scope of judicial review
• Government acquisition of private information
• Public access to government information

"This book is designed to help law students better understand administrative law in order to prepare for class or review for exams. Audience: The book is appropriate as a supplement or study aid (with mini-essay questions and answers) for courses in administrative law"-- Provided by publisher

• Introduction to corporate taxation
• Tax consequences of transferring property to a new or existing controlled corporation
• Capital structure of a corporation
• Non-liquidating distributions of property to shareholders (dividends)
• Redemptions of stock
• Stock dividends
• Corporate liquidations and taxable acquisitions
• The pass-through regime of Subchapter S
• Reorganizations : overview
• Acquisitive reorganizations
• Corporate divisions
• Reorganizations involving only one corporation
• Carryover of tax attributes
• Anti-abuse measures and special provisions
• Integration of corporate and shareholder taxes
• Corporate tax shelters

"This clearly written treatise is designed to make very accessible the complex subject of corporate taxation by using non-technical, straightforward language, charts, checklists, diagrams, and numerous examples to aid readers' understanding. The book starts with an introductory chapter that discusses the choice of business form; the general principle that corporate profits are subject to double taxation (once at the corporate level and again at the shareholder level); and the basics of anti-abuse rules, such as the step-transaction doctrine. Those anti-abuse rules are explored in more detail in a later chapter, as are proposals to partially or fully eliminate double taxation. The next several chapters are organized using a cradle-to-grave approach that traces the life cycle of a corporation, beginning with formation and capitalization and ending with corporate "death," liquidation. Between those events, the book discusses operational issues, including the capital structure of a corporation, distributions of cash or property, stock redemptions, and stock dividends. After corporate liquidations, the book explores more advanced topics, such as taxable stock or asset acquisitions; non-taxable corporate reorganizations and divisions; the carryover of tax attributes (such as net operating losses) following certain non-recognition transactions; and the treatment of corporate tax shelters. In addition, a chapter addresses the taxation of S corporations, which generally provides a single-tax paradigm. Understanding Corporate Taxation also includes discussion of relevant cases. It is designed to supplement any corporate tax casebook or to be used on its own"-- Provided by publisher

• An overview
• The proscribed bases
• The Eleventh Amendment
• The Civil Rights Act : an overview
• Individual disparate treatment
• Systemic disparate treatment
• Disparate impact
• Special problems relating to race discrimination
• Special problems relating to sex discrimination
• Special problems relating to national origin discrimination
• Special problems relating to religious discrimination
• Retaliation
• Discrimination by labor unions
• Discrimination by employment agencies
• Title VII procedures : an overview
• Filing and processing charges
• Litigation
• Remedies
• Coverage and jurisdiction
• Types of violations and their proof
• Procedure and remedies
• Section 1981
• Section 1983
• Section 1985(3)
• Equal Pay Act : introduction
• The elements of a violation
• Defenses
• Enforcement
• Executive order 11246
• An overview of the coverage and enforcement of federal statutes
• The protected class
• The proscribed forms of discrimination and other prohibited conduct
• Proof and defenses

"Employment discrimination law is like a huge jigsaw puzzle-albeit one with many missing and mismatched pieces, which are constantly being changed. The purpose of this book is to clarify the differences, uncertainty, and complexity of employment discrimination law"-- Provided by publisher

• Introduction : lawyers as problem solvers in crisis / Ray Brescia and Eric K. Stern
• A client's vrisis becomes a legal crisis : a domestic violence ruling goes global / Caroline Bettinger-López
• Crisis lawyering in a lawless space : reflections on nearly two decades of representing Guantánamo detainees / Baher Azmy
• Responding to the (dual) policing crisis in Ferguson / Christy E. Lopez
• When crisis comes to the newsroom : the media lawyer in a time of global unrest / David E. McCraw
• Crisis in the courts : the campaign to get ICE out of New York State Courts / Lee Wang
• Preparation, crisis, struggle, ideas : the birth of the detention outreach project / Sarah Rogerson
• Key considerations for lawyers shepherding communities through long-term recovery from major disasters / John Travis Marshall
• Judging and mediating for 'the long emergency' : Superstorm Sandy, New York State's regulatory response to the climate change crisis, and reforming the energy vision / Eleanor Stein
• Litigation for the homeless in the 1980s : a look back / Richard Pinner
• Scaling worker cooperatives as an economic justice tool for communities in crises / Carmen Huertas-Noble, Missy Risser-Lovings, and Christopher Adams
• The crisis comes once a year : lawyering on election day / David Turetsky
• Bordering on crisis : overcoming multi-agency crisis coordination challenges / Brian Wilson & Nora Johnson
• Legal advice in crisis training for government lawyers : perspectives from the USA and Sweden / Eric K. Stern, Brad Kieserman, Torkel Schlegel, Per-Ake Mortenson, and Ella Carlberg
• Call Air Traffic Control! : confronting crisis as lawyers and teachers / Muneer Ahmad and Michael J. Wishnie
• Leveraging lawyer strengths and training them to support team problem-solving under crisis conditions / Scott Westfahl
• Stay calm and carry on : how to stay on point when in a crisis / Jay Sullivan
• Conclusion / Ray Brescia and Eric Stern

Shines a light on the emerging field of law dedicated to responding to and resolving the crises of the twenty-first century In an increasingly globalized world, a complex and interlocking web of nations, governments, non-state actors, laws, and rules affect human behavior. When crisis hits-whether that be extrajudicial detention, unprompted deportation, pandemics, or natural disasters-lawyers are increasingly among the first responders, equipped with the knowledge necessary to navigate the regulations of this ever more complex world. Crisis Lawyering explores this phenomenon and attempts to identify and define what it means to engage in the practice of law in crisis situations. In so doing, it hopes to sketch out the contours of the emerging field of crisis lawyering. Contributors to this volume explore cases surrounding domestic violence; dealing with immigrants in detention and banned from travel; policing in Ferguson, Missouri; the kidnapping of journalists; and climate change, among other crises. Their analysis not only serves as guidance to lawyers in such situations, but also helps others who deal with crises understand those crises-and the role of lawyers in them-better so that they may respond to them more effectively, efficiently, collaboratively and creatively. Crisis Lawyering shines a light on the emerging field of law dedicated to responding to and resolving the complex crises of the twenty-first century.
(source: Nielsen Book Data)

• Do we have a dysfunctional constitution?
• Dysfunction and the rise of Donald Trump
• Constitutional crisis
• Constitutional rot
• Executive power and constitutional dictatorship

It is no longer controversial that the American political system has become deeply dysfunctional. Today, only slightly more than a quarter of Americans believe the country is heading in the right direction, while sixty-three percent believe we are on a downward slope. The top twenty words used to describe the past year include "chaotic, " "turbulent, " and "disastrous." Donald Trump's improbable rise to power and his 2016 Electoral College victory placed America's political dysfunction in an especially troubling light, but given the extreme polarization of contemporary politics, the outlook would have been grim even if Hillary Clinton had won. The greatest upset in American presidential history is only a symptom of deeper problems of political culture and constitutional design. Democracy and Dysfunction brings together two of the leading constitutional law scholars of our time, Sanford Levinson and Jack M. Balkin, in an urgently needed conversation that seeks to uncover the underlying causes of our current crisis and their meaning for American democracy. In a series of letters exchanged over a period of two years, Levinson and Balkin travel--along with the rest of the country--through the convulsions of the 2016 election and Trump's first year in office. They disagree about the scope of the crisis and the remedy required. Levinson believes that our Constitution is fundamentally defective and argues for a new constitutional convention, while Balkin, who believes we are suffering from constitutional rot, argues that there are less radical solutions. As it becomes dangerously clear that Americans--and the world--will be living with the consequences of this pivotal period for many years to come, it is imperative that we understand how we got here--and how we might forestall the next demagogue who will seek to beguile the American public.
(source: Nielsen Book Data)

• Introduction
• Parenting, training, and schooling : the Zobrests encounter deafness
• Into the mainstream
• Mainstreaming in a Catholic school
• In search of religious liberty
• Signing, sectarian schools, and the law
• The aftermath
• Appendix 1: Federal court decisions citing the Zobrest v. Catalina Foothills School District decision
• Appendix 2: Interviews

In 1988, Sandi and Larry Zobrest sued a suburban Tucson, Arizona, school district that had denied their hearing-impaired son a taxpayer-funded interpreter in his Roman Catholic high school. The Catalina Foothills School District argued that providing a public resource for a private, religious school created an unlawful crossover between church and state. The Zobrests, however, claimed that the district had infringed on both their First Amendment right to freedom of religion and the Individuals with Disabilities Education Act (IDEA). Bruce J. Dierenfield and David A. Gerber use the Zobrests' story to examine the complex history and jurisprudence of disability accommodation and educational mainstreaming. They look at the family's effort to acquire educational resources for their son starting in early childhood and the choices the Zobrests made to prepare him for life in the hearing world rather than the deaf community. Dierenfield and Gerber also analyze the thorny church-state issues and legal controversies that informed the case, its journey to the U.S. Supreme Court, and the impact of the high court's ruling on the course of disability accommodation and religious liberty.
(source: Nielsen Book Data)

• Intro; Contents; Preface to the Third Edition; Acknowledgments; Part I: The Historical Origins Of The Federal Impeachment Process; Chapter One. The Impeachment Debates in the Constitutional Convention; Chapter Two. The Impeachment Debates in the Ratifying Conventions; Part II: Trends And Problems In Impeachment Proceedings; Chapter Three. Impeachment Proceedings in the House of Representatives; Chapter Four. The Senate's Role in the Federal Impeachment Process; Chapter Five. Impeachment Issues Involving Congress and the Other Branches

• Chapter Six. Making Sense of the Federal Impeachment ProcessPart III: Clarifying The Constitutional Aspects Of The Federal Impeachment Process; Chapter Seven. The Scope of Impeachable Officials and Applicable Punishments; Chapter Eight. Impeachment as the Sole Means of Disciplining and Removing Impeachable Officials; Chapter Nine. The Scope of Impeachable Offenses; Chapter Ten. The Proper Procedures for Impeachment Proceedings; Chapter Eleven. Judicial Review of Impeachments; Part IV: Impeachment Reforms; Chapter Twelve. Proposed Procedural Reforms for Judicial Impeachments

• Chapter Thirteen. Proposed Statutory Changes and Constitutional Amendments to the Impeachment ProcessPart V: Presidential Impeachment In The Age Of Clinton And Trump; Chapter Fourteen. Lessons from President Clinton's Impeachment and Acquittal; Chapter Fifteen. Impeachment and President Trump; Notes; Bibliography; Bibliography Addendum; Index

Twenty years after President Clinton's impeachment proceedings, talk of impeachment is again in the air. But what are the grounds for impeaching a sitting president? Who is subject to impeachment? Is impeachment effective as a safeguard against presidential misconduct? What challenges does today's highly partisan political climate pose to the impeachment process, and what, if any, meaningful alternatives are there for handling presidential misconduct? For more than twenty years, The Federal Impeachment Process has served as the most complete analysis of the constitutional and legal issues raised in every impeachment proceeding in American history. Impeachment, Michael J. Gerhardt shows, is an inherently political process designed to expose and remedy political crimes--serious breaches of duty or injuries to the Republic. Subject neither to judicial review nor to presidential veto, it is a unique congressional power that involves both political and constitutional considerations, including the gravity of the offense charged, the harm to the constitutional order, and the link between an official's misconduct and duties. For this third edition, Gerhardt updates the book to cover cases since President Clinton, as well as recent scholarly debates. He discusses the issues arising from the possible impeachment of Donald Trump, including whether a sitting president may be investigated, prosecuted, and convicted for criminal misconduct or whether impeachment and conviction in Congress is the only way to sanction a sitting president; what the "Emoluments Clause" means and whether it might provide the basis for the removal of the president; whether gross incompetence may serve as the basis for impeachment; and the extent to which federal conflicts of interest laws apply to the president and other high ranking officials. Significantly updated, this book will remain the standard work on the federal impeachment process for years to come.
(source: Nielsen Book Data)

• Introduction
• The Women's March and the marketplace of ideas
• Take a knee and the Pledge of Allegiance
• Libel, actual malice, and the civil rights movement
• Student speech from National School Walkout Day to the Vietnam War
• Stormy Daniels and the Pentagon Papers
• Flipping off the president and fuck the draft
• Seven dirty words, Samantha Bee, and indecency
• Saturday Night Live, Hustler, and the power of parody
• Nazis in Charlottesville, funeral protests, and speakers we hate
• Social media, public parks and the 'vast democratic forums of the Internet'
• Afterword

A user's guide to understanding contemporary free speech issues in the United States Americans today are confronted by a barrage of questions relating to their free speech freedoms. What are libel laws, and do they need to be changed to stop the press from lying? Does Colin Kaepernick have the right to take a knee? Can Saturday Night Live be punished for parody? While citizens are grappling with these questions, they generally have nowhere to turn to learn about the extent of their First Amendment rights. The Fight for Free Speech answers this call with an accessible, engaging user's guide to free speech. Media lawyer Ian Rosenberg distills the spectrum of free speech law down to ten critical issues. Each chapter in this book focuses on a contemporary free speech question-from student walkouts for gun safety to Samantha Bee's expletives, from Nazis marching in Charlottesville to the muting of adult film star Stormy Daniels- and then identifies, unpacks, and explains the key Supreme Court case that provides the answers. Together these fascinating stories create a practical framework for understanding where our free speech protections originated and how they can develop in the future. As people on all sides of the political spectrum are demanding their right to speak and be heard, The Fight for Free Speech is a handbook for combating authoritarianism, protecting our democracy, and bringing an understanding of free speech law to all.
(source: Nielsen Book Data)

• Introduction: Cultural differences, power dynamics, and the art of interviewing / by Celeste Fiore
• Interviews in everyday life
• The art of the interview
• General principles
• The interviewer
• Preparing for the interview
• Conducting the interview --tControl
• Dealing with types
• Approaches that work
• Dealing with the nervous person
• Bluffs
• The interview
• The mutability of memory
• False beliefs
• The insurance examination under oath
• A summary of the practice of interviewing

"The purpose of this book is to help you learn how to get the truth about anything from anyone. The reader who applies the principles discussed in this book will learn the effectiveness of the science of the interview. Having acquired this, the reader will then apply the knowledge and techniques as an interviewer, gradually honing the science into a genuine art ... the art of getting useful, truthful information"-- Provided by the publisher

• Should body parts be salable? Moore v. the Regents of the University of California (1990) and the market for human tissue
• Can anyone own the sunlight? Fontainebleau Hotel Corp. v. Forty-Five Inc. (1959) and the assignment and protection of property rights
• Should eminent domain power be available to private companies? Poletown Neighborhood Council v. City of Detroit (1981) and the economics of takings
• Will file sharing ruin the music industry? A & M Records v. Napster and the economics of copyright protection
• Should the courts encourage contractual breach? Acme Mills & Elevator Co v. J.C. Johnson (1911) and the economics of breaking promises
• Should the courts void a contractual clause they deem unfair? Williams v. Walker Thomas Furniture Co. (1965) and the paradox of stipulated damages
• Should tort liability be governed by fault or no-fault rules? Indiana Harbor Belt Railroad v. American Cyanamid (1990) and the economics of the great debate in tort law
• Should firms be held liable for product defects? Voss v. Black and Decker and the economics of product liability
• Does malpractice liability induce physicians to provide too much health care? Helling v. Carey (1974) and the economics of medical malpractice law
• Are criminals rational? Gary Becker and the dawn of rational crime analysis (1968)
• Does prison reduce crime through deterrence or incapacitation? Ewing v. California (2003) and the economics of the three-strikes law
• Is racial profiling a nondiscriminatory policing strategy? Anderson v. Cornejo (2004) and the economics of police search procedures
• Do judges discriminate when sentencing? The Sentencing Reform Act and federal sentencing guidelines (1984)
• How does behavioral economics contribute to the economic analysis of law? A brief introduction to the marriage of economics and psychology

Is file-sharing destroying the music industry? Should the courts encourage breach of contract? Does the threat of malpractice lawsuits cause doctors to provide too much medical care? Do judges discriminate when sentencing? With Issues in Law and Economics, Harold Winter takes readers through these and other recent and controversial questions. In an accessible and engaging manner, Winter shows these legal issues can be reexamined through the use of economic analysis. Using real-world cases to highlight issues, Winter offers step-by-step analysis, guiding readers through the identification of the trade-offs involved in each issue and assessing the economic evidence from scholarly research before exploring how this research may be used to guide policy recommendations. The book is divided into four sections, covering the basic practice areas of property, contracts, torts, and crime, with a fifth section devoted to a concise introduction to the topic of behavioral law and economics. Each chapter concludes with a series of thought-provoking discussion questions that provide readers the opportunity to further explore important ideas and concepts.
(source: Nielsen Book Data)

• Conceptual foundations. Group speech and liberal fears. Idealistic organizations in politics
• Liberal democratic anxieties
• The liberal assault. Influence and propaganda
• Segregation
• Subversion
• Political theory
• Unconstitutional. The force of law
• First Amendment principles
• Licensing and wholesale suppression
• Government interests
• Other avenues for speech
• Not only exemptions but also deductions
• Distortions of constitutional doctrine
• Divided and subdued. Rights of associators and associations
• Fractions of persons and rights
• Government homogenization of public opinion
• Contemporary speech restrictions

In the course of exempting religious, educational, and charitable organizations from federal income tax, section 501(c)(3) of the Internal Revenue Code requires them to refrain from campaign speech and much speech to influence legislation. These speech restrictions have seemed merely technical adjustments, which prevent the political use of a tax subsidy. But the cultural and legal realities are more disturbing. Tracing the history of American liberalism, including theological liberalism and its expression in nativism, Hamburger shows the centrality of turbulent popular anxieties about the Catholic Church and other potentially orthodox institutions. He argues persuasively that such theopolitical fears about the political speech of churches and related organizations underlay the adoption, in 1934 and 1954, of section 501(c)(3)'s speech limits. He thereby shows that the speech restrictions have been part of a broad majority assault on minority rights and that they are grossly unconstitutional. Along the way, Hamburger explores the role of the Ku Klux Klan and other nativist organizations, the development of American theology, and the cultural foundations of liberal "democratic" political theory. He also traces important legal developments such as the specialization of speech rights and the use of law to homogenize beliefs. Ultimately, he examines a wide range of contemporary speech restrictions and the growing shallowness of public life in America. His account is an unflinching look at the complex history of American liberalism and at the implications for speech, the diversity of belief, and the nation's future.
(source: Nielsen Book Data)

• Introduction
• LATs : Who Are They? An Introduction to Some LAT Couples
• What Does Social Science Tell Us about LATs?
• LATs in the United States : New Empirical Data
• Gender Difference in Living Apart Together
• Gay Male Couples and LAT / David Eichert)
• LATs in the Third Age
• Commuter Marriage and Cohabitation
• LATs and the Law as It Now Stands
• How Should the Law Treat LATs?
• Conclusion

Argues for legal reforms to protect couples who live apart but perform many of the functions of a family Living Apart Together is an in-depth look at a new way of being a couple and "doing family"-living apart together (LAT)-in which committed couples maintain separate residences and finances. In Bowman's own 2016 national survey, 9% of respondents reported maintaining committed relationships while living apart, typically spending the weekend together, socializing together, taking vacations together, and looking after one another in illness, but maintaining financial independence. The term LAT stems from Europe, where this manner of coupledom has been extensively studied; however, it has gone virtually unnoticed in the United States. Living Apart Together aims to remedy this oversight by presenting original research derived from both randomized surveys and qualitative interviews. Beginning with the large body of social science literature from outside the US, Cynthia Bowman examines the prevalence of this lifestyle, the demographics of people who live apart, their reasons for doing so, and how these individuals manage finances, care during illness, and many other aspects of family life. She focuses in particular detail on three key demographics-women, gay men, and the elderly-and how individuals from these groups engage in LAT behavior. She finds that while these living arrangements are more common than previously believed, there are virtually no legal protections for the people involved. Bowman concludes by proposing a number of legal reforms to support the caregiving functions LAT partners perform for each other. Living Apart Together makes an important case for formal recognition of this growing but largely overlooked family structure.
(source: Nielsen Book Data)

• Introduction
• Exploring topics and establishing a system
• Diving into research
• Crafting your thesis
• Developing critical legal analysis
• Avoiding plagiarism : taking notes carefully and attributing properly
• Writing, revising, and proofreading
• Law review and law journal articles
• Seminar papers and capstone projects
• Bar journal articles
• Policy papers (white papers )
• Op-eds
• Social media and blogs
• Creative works
• Submitting and publishing your work

"The purpose of this book is to get you started and guide you through the full scholarly writing process, from drafting to publishing. This book breaks down that process into understandable and manageable tasks to help you get started and complete the project. Individuals learn best when they understand the context and purpose of a project. To provide as much context as possible for the tasks ahead, and so that you understand both how and why to complete each task, this book walks you through the process of producing a range of quality scholarship both efficiently and effectively"-- Provided by publisher

• Introduction
• The English common law : influences on the American colonists
• The American colonial experience : fashioning a common law upon the British model
• Applying the knowledge gained as colonies in creating laws for the new states (and nation)
• A new constitution : learning from the mistakes of the Articles of Confederation
• The United States from the ratification of the Bill of Rights, December 15, 1791 until the Fourteenth Amendment was ratified on July 9, 1868
• A new era : the Fourteenth Amendment and historical implications
• Applying the Fourteenth Amendment in an era of rapid change
• The twentieth century : first look
• The twenty-first century : changing view on the Second Amendment
• Post Heller : individual right and protecting innocent citizens
• The role of the Second Amendment in American society
• Appendix A: What the Second Amendment really says
• Appendix B: Table of state and colonial statutes 1607-1791
• Appendix C: Table of state constitutional statutes
• Appendix D: Table of state statutes 1791 to early twentieth century

• The culture of fear and doubt, and how to leave it
• Long and strong copyright : why fair use is so important
• The decline and rise of fair use : the back-room story
• The decline and rise of fair use : the public campaigns
• Fair use resurgent
• Fair use in the courtroom : how judges think now
• Documentary filmmakers : pioneering best practices
• Codes of best practices catch on
• Fair use expands its reach
• How to fair use
• The international environment
• Appendix A. Codes of best practices in fair use
• Appendix B. Documentary filmmakers' statement of best practices in fair use
• Appendix C. Myths and realities about fair use
• Appendix D. Answers to fair use : you be the judge

In the increasingly complex and combative arena of copyright in the digital age, record companies sue college students over peer-to-peer music sharing, YouTube removes home movies because of a song playing in the background, and filmmakers are denied a distribution deal when a permissions "I" proves undottable. Analyzing the dampening effect that copyright law can have on scholarship and creativity, Patricia Aufderheide and Peter Jaszi urge us to embrace in response a principle embedded in copyright law itself--fair use. Originally published in 2011, Reclaiming Fair Use challenged the widely held notion that copyright law is obsolete in an age of digital technologies. Beginning with a survey of the contemporary landscape of copyright law, Aufderheide and Jaszi drew on their years of experience advising documentary filmmakers, English teachers, performing arts scholars, and other creative professionals to lay out in detail how the principles of fair use can be employed to avoid copyright violation. Taking stock of the vibrant remix culture that has only burgeoned since the book's original publication, this new edition addresses the expanded reach of fair use--tracking the Twitter hashtag #WTFU (where's the fair use?), the maturing of the transformativeness measure in legal disputes, the ongoing fight against automatic detection software, and the progress and delays of digitization initiatives around the country. Full of no-nonsense advice and practical examples, Reclaiming Fair Use remains essential reading for anyone interested in law, creativity, and the ever-broadening realm of new media.
(source: Nielsen Book Data)

• Regulatory taking, ripeness, and categorical takings after Lucas
• A background principle exception : the public trust doctrine
• A background principle exception : customary law
• Statutes and constitutions as background principles
• The nuisance exception

• Introduction : putting rights on trial
• Fifty years of employment civil rights
• A quantitative analysis of employment civil rights litigation : case characteristics, plaintiff characteristics, and legal outcomes
• Workplace wars : the origins of employment civil rights lawsuits in the workplace
• Representation and race : finding a lawyer, screening clients, and the production of racial disparities
• Representing rights : lawyer-client relationships
• Right right, wrong plaintiff : adversarial conflict and the disavowal of discrimination
• Win, lose, or draw : perspectives on case outcomes
• Stereotyping and the reinscription of race, sex, disability, and age hierarchies
• The voices of employment civil rights

Gerry Handley faced years of blatant race-based harassment before he filed a complaint against his employer: racist jokes, signs reading "KKK" in his work area, and even questions from coworkers as to whether he had sex with his daughter as slaves supposedly did. He had an unusually strong case, with copious documentation and coworkers' support, and he settled for $50,000, even winning back his job. But victory came at a high cost. Legal fees cut into Mr. Handley's winnings, and tensions surrounding the lawsuit poisoned the workplace. A year later, he lost his job due to downsizing by his company. Mr. Handley exemplifies the burden plaintiffs bear in contemporary civil rights litigation. In the decades since the civil rights movement, we've made progress, but not nearly as much as it might seem. On the surface, America's commitment to equal opportunity in the workplace has never been clearer. Virtually every company has antidiscrimination policies in place, and there are laws designed to protect these rights across a range of marginalized groups. But, as Ellen Berrey, Robert L. Nelson, and Laura Beth Nielsen compellingly show, this progressive vision of the law falls far short in practice. When aggrieved individuals turn to the law, the adversarial character of litigation imposes considerable personal and financial costs that make plaintiffs feel like they've lost regardless of the outcome of the case. Employer defendants also are dissatisfied with the system, often feeling "held up" by what they see as frivolous cases. And even when the case is resolved in the plaintiff's favor, the conditions that gave rise to the lawsuit rarely change. In fact, the contemporary approach to workplace discrimination law perversely comes to reinforce the very hierarchies that antidiscrimination laws were created to redress. Based on rich interviews with plaintiffs, attorneys, and representatives of defendants and an original national dataset on case outcomes, Rights on Trial reveals the fundamental flaws of workplace discrimination law and offers practical recommendations for how we might better respond to persistent patterns of discrimination.
(source: Nielsen Book Data)

• Opening statements: transcript pages 1-81
• Case for the government: transcript pages 82-9,763
• Case for the defense: transcript pages 9,764-20,430
• Summations: transcript pages 20,431-21,356
• Charge to the jury: transcript pages 21,357-21,444
• Contempt proceedings, transcript pages 21,445-21,818
• Verdict and sentencing, transcript pages 21,819-22,302
• Appendix A: Contempt proceedings and appeals
• Appendix B: The principals : after the trail
• Appendix C: Index of witnesses

Republished fifty years later to coincide with the release this fall of the film of the same title written and directed by Aaron Sorkin with an all-star cast, this is the classic account of perhaps the most infamous, and definitely the most entertaining, trial in recent American history. In the fall of 1969 eight prominent anti-Vietnam War activists were put on trial for conspiring to riot at the 1968 Democratic National Convention in Chicago. One of the eight, Black Panther cofounder Bobby Seale, was literally bound and gagged in court by order of the judge, Julius Hoffman, and his case was separated from that of the others. The activists, who included Abbie Hoffman, Jerry Rubin, and Tom Hayden, and their attorneys, William Kunstler and Leonard Weinglass, insisted that the First Amendment was on trial. Their witnesses were a virtual who's who of the 1960s counterculture: Allen Ginsberg, Timothy Leary, Arlo Guthrie, Judy Collins, Norman Mailer, among them. The defendants constantly interrupted to protest what they felt were unfair rulings by the judge. The trial became a circus, all the while receiving intense media coverage. The convictions that resulted were subsequently overturned on appeal, but the trial remained a political and cultural touchstone, a mirror of the deep divisions in the country. The Trial of the Chicago 7 consists of the highlights from trial testimony with a brief epilogue describing what later happened to the principal figures.
(source: Nielsen Book Data)

• The confederation's final years: a chronology
• Introduction
• The search for national identity
• War's aftermath
• America's postwar debts: public faith or anarchy?
• Republic and empire: the struggle over confederation taxes
• Protecting American commerce in an imperial world
• Western expansion strains
• "Astonishing" emigrations and western settlement conflicts
• The Spanish-treaty impasse and the union's collapse
• Internal divisions : state social conflicts
• Economic relief, social peace, and republican justice
• Shays's rebellion: the final battle of the American revolution?
• Confederation collapse and its consequences
• "The truth is, we have not a government" : confederation stalemate and the road to the Philadelphia convention
• Conclusion: the birth of the American empire

In 1783, as the Revolutionary War came to a close, Alexander Hamilton resigned in disgust from the Continental Congress after it refused to consider a fundamental reform of the Articles of Confederation. Just four years later, that same government collapsed, and Congress grudgingly agreed to support the 1787 Philadelphia Constitutional Convention, which altered the Articles beyond recognition. What occurred during this remarkably brief interval to cause the Confederation to lose public confidence and inspire Americans to replace it with a dramatically more flexible and powerful government? We Have Not a Government is the history of this contentious moment in American history. In George William Van Cleve's compelling book, we encounter a sharply divided America. The Confederation faced massive war debts with virtually no authority to compel its members to pay them. It experienced punishing trade restrictions and strong resistance to American territorial expansion from powerful European governments. Bitter sectional divisions that deadlocked the Continental Congress arose from exploding western settlement.And a deep, long-lasting recession led to sharp controversies and social unrest across the country amid roiling debates over greatly increased taxes, debt relief, and paper money. Van Cleve shows how these remarkable stresses transformed the Confederation into a stalemate government and eventually led previously conflicting states, sections, and interest groups to advocate for a union powerful enough to govern a continental empire. Touching on the stories of a wide-ranging cast of characters--including John Adams, Patrick Henry, Daniel Shays, George Washington, and Thayendanegea--Van Cleve makes clear that it was the Confederation's failures that created a political crisis and led to the 1787 Constitution. Clearly argued and superbly written, We Have Not a Government is a must-read history of this crucial period in our nation's early life.
(source: Nielsen Book Data)

• Prologue: Of water, men and the law
• The nation moves West (1830-1880)
• Herbert Spencer and social darwinism (1859-1938)
• Economic fortunes and misfortunes (1860-1875)
• The prior appropriation doctrine (1840s-present)
• Equitable apportionment (1902-present)
• Interstate compacts (1922-present)
• Young Willis van Devanter
• Cincinnatus (1833-1885)
• Watching the court (1870s, 1880s)
• Willis goes West (1883)
• The Warren machine (1884-1890) Willis and the "Johnson county war" (1890-1892)
• Banditti of the plains (1893-1896)
• Willis' Wyoming politics go national (1892-1896)
• Cleveland's second chance, Senator Warren and the McKinley administration (1895-1897)
• Assistant Attorney General Van Devanter (1897-1903)
• Van Devanter's Eighth Circuit decisions (1903-1911)
• Reasonable rail rates, The Sherman Act (1890-1911)
• The Supreme Court turns white (1908-1911)
• The Sherman Act at the Supreme Court
• "Good fellows" Willis and William (1921-1922)
• Wyoming v. Colorado (1903-1913)
• Who controls the water? (1902-1917)
• Development under the Reclamation Act and return to court (1905-1922)
• Judicial harmony (1922)
• Natural resource or interstate commerce? (1921-1923)
• Van Devanter's surreptitious composition of the opinion and decree (1922)
• Wyoming v. Colorado, final opinion published (1922)
• Where was the balance of the court on June 5, 1922? (1922)
• The decree and holding of Wyoming v. Colorado
• What of the merits of Wyoming v. Colorado?
• What of the effect of the decision in Wyoming v. Colorado?
• The case for recusal
• Van Devanter's Indian cases (1897-1921)
• Van Devanter's Income Tax Cases (1920-1925)
• The Four Horsemen
• The measure of a justice
• Finis

Exploring the little-known history behind the legal doctrine of prior appropriation--"first in time is first in right"--used to apportion water resources in the western United States, this book focuses on the important case of Wyoming v. Colorado(1922). U.S. Supreme Court Associate Justice Willis Van Devanter, a former Chief Justice of Wyoming, ruled in that state's favor, finding that prior appropriation applied across state lines--a controversial opinion influenced by cronyism. The dicta in the case, that the U.S. Government has no interest in state water allocation law, drove the balkanization of interstate water systems and resulted in the Colorado River Interstate Compact between Wyoming, Colorado, Utah, New Mexico, Arizona, Nevada and California. Mr. Davenport's exhaustive research has uncovered the secret that Associate Justice Van Devanter had waited eleven years to publish his opinion in this important, but politically self-serving, case, at last finding a moment when his senior colleagues were sufficiently absent or incapacitated to either concur or dissent. Without the knowledge of his "brethren, " save his "loyal friend" Taft, and without recusal, Van Devanter unilaterally delivered his sole opinion to the Clerk for publication on the last day of the Supreme Court's October 1921 Term.
(source: Nielsen Book Data)

• Contents and AbstractsIntroduction: Knowing About Legality and Illegality in Midwifery Care in the United States chapter abstractThe introduction tells the story of Gina, a midwife working illegally at the time of our interview. Using Gina's story as a frame of reference, the introduction explains the varying legal status for midwives in the United States and distinguishes certified professional midwives from other professionals who attend labor and delivery. The introduction also provides the theoretical and scholarly context for the rest of the book, focusing on legal pluralism, legal consciousness, legal mobilization, and the limits of law as it is implemented. Finally, the introduction explains my methodology in both researching and presenting the data and argues that we need to tell stories about law and society that are embodied, integrative, and holistic-much like the care provided by midwives to their clients.
• 1History and Status of Midwives in the United States chapter abstract
• Chapter 1 begins with a story from Missouri after Ophelia, a certified professional midwife, attends a birth that brings her to the attention of the police. The chapter asks how we got to a place where a safe, qualified, trained birth attendant can fear prosecution for a good-outcome birth. The history of midwifery in the United States is one that combines medicalization and professionalization of birth, imperatives of nation-building through reproduction, and a renaissance in care that brought the profession of non-nurse midwifery back from the brink of extinction.
• Chapter 1 provides a version of that history, stressing that this version is the one told by advocates and midwives as they seek to expand access to care.
• 2Modern and Professional: Legitimating, Marketing, and Reimagining Midwives chapter abstract
• Chapter 2 demonstrates that, in the name of professionalization, midwives have engaged in seeking legitimization of non-nurse midwifery via national organizations,
• 3Mostly Happy Accidents: Successfully Mobilizing for Legal Status chapter abstract
• Chapter 3 explores the multiple ways that midwives and advocates use politics to mobilize for legal status. Focusing on the success stories in South Dakota and Missouri, it highlights how the long-term activism in both states, combined with "happy accidents" or contingencies, facilitated the passage of legalization bills. Midwives and advocates use traditional and social media, letter-writing to legislators, and consistent presence in the statehouse to get their bills passed. They also engage in novel attention-seeking activities like making quilts and calendars, designing T-shirts, and handing out M&M cookies (for "moms and midwives").
• 4Rights, Rules, and Regulation chapter abstractThis chapter begins with the unusual story of how lawyers needed to defend the constitutionality of the Missouri bill against claims by the Missouri Medical Association, as a way to frame the examination the legal mobilization undertaken on behalf of midwives nationwide. This mobilization includes criminal defense of their practice and lawsuits brought on behalf of victims of obstetric violence. It also includes seeking regulatory governance in rulemaking, defining the scope of practice for midwives, and articulating access to the state as a goal for the movement.
• 5Catching Babies and Catching Hell: Constitutive Interactions in the Limits and Shadow of the Law chapter abstract
• Chapter 5 examines the various ways that midwives experience their daily practices and finds that, even in states where they are legal and regulated, the law limits and shadows how CPMs work. This limiting of the law is related to cultural disapprobation of out-of-hospital birth and the ways that that disapprobation is reinforced by friends, family, and hospital staff.
• Chapter 5 shares the stories of midwives who find constraints on their practice from the expressions of these norms and details the difficulties they have finding insurance, finding back-up physicians, and even knowing what the law is. It also shares stories of midwives and mothers who "catch hell" when they discuss their out-of-hospital birth plans or must transfer a client to the hospital for emergency care.
• 6Deep Transformations, Deep Contradictions: Changing Birth Culture One Movie, One Picnic, One<3.>Tiny Little Epistemological Shift at a Time chapter abstractThis chapter examines the multiple ways that midwives and advocates seek to change birth culture in any given locale, from hosting movies and picnics to thinking through the proper role of hospital and state in labor and delivery. It moves from eco-feminist midwifery advocacy in Berkeley, California, to emergency childbirth classes in rural South Dakota, highlighting the ways that locale shapes approaches to thinking about midwifery care.
• Chapter 6 also focuses on the contradictions and tensions within the pro-midwifery movement-around issues like abortion, vaccination and homeschooling, rights-seeking, partisan politics, and the decision to seek government intervention and approval at all. The goal in all of these conversations is to facilitate expanded access to midwifery care and the extension of reproductive justice to all who labor and deliver.
• Conclusion: Attending to Birth in Sociolegal Scholarship: Embodied, Interdisciplinary, and Authoritative Knowledge chapter abstractThe conclusion offers closing thoughts on the relationship between disciplinarity and regulation-seeing both as simultaneously emancipatory and constraining. The conclusion examines the tensions within midwifery communities, and within sociolegal scholarship, and argues that sitting with those tensions in an embodied, interdisciplinary, authoritative epistemology is the way to do good work in both settings.
• (source: Nielsen Book Data)

Rich, personal stories shed light on midwives at the frontier of women's reproductive rights. Midwives in the United States live and work in a complex regulatory environment that is a direct result of state and medical intervention into women's reproductive capacity. In Birthing a Movement, Renee Ann Cramer draws on over a decade of ethnographic and archival research to examine the interactions of law, politics, and activism surrounding midwifery care. Framed by gripping narratives from midwives across the country, she parses out the often-paradoxical priorities with which they must engage-seeking formal professionalization, advocating for reproductive justice, and resisting state-centered approaches. Currently, professional midwives are legal and regulated in their practice in 32 states and illegal in eight, where their practice could bring felony convictions and penalties that include imprisonment. In the remaining ten states, Certified Professional Midwives (CPMs) are unregulated, but nominally legal. By studying states where CPMs have differing legal statuses, Cramer makes the case that midwives and their clients engage in various forms of mobilization-at times simultaneous, and at times inconsistent-to facilitate access to care, autonomy in childbirth, and the articulation of women's authority in reproduction. This book brings together literatures not frequently in conversation with one another, on regulation, mobilization, health policy, and gender, offering a multifaceted view of the experiences and politics of American midwifery, and promising rich insights to a wide array of scholars, activists, healthcare professionals alike.
(source: Nielsen Book Data)

• The ethics of corporate religious liberty
• Corporate religious liberty in church teachings
• Group ontology and skeptical arguments
• A modest account of corporate religious liberty
• Political liberal and theological contentions
• Integrating the strong group agency of the church
• From group ontology to Christian moral reasoning

This book addresses one of the most urgent issues in contemporary American law-namely, the logic and limits of extending free exercise rights to corporate entities. Pointing to the polarization that surrounds disputes like Burwell v. Hobby Lobby, David argues that such cases need not involve pitting flesh-and-blood individuals against the rights of so-called "corporate moral persons." Instead, David proposes that such disputes should be resolved by attending to the moral quality of group actions. This approach shifts attention away from polarizing rights-talk and towards the virtues required for thriving civic communities. More radically, however, this approach suggests that groups themselves should not be viewed as things or "persons" in the first instance, but rather as occasions of coordinated activity. Discerned in the writings of Saint Thomas Aquinas, this reconceptualization helps illuminate the moral stakes of a novel-and controversial-form of religious freedom. .
(source: Nielsen Book Data)