The faculty at the Columbus School of Law have published books in a wide variety of legal and non-legal disciplines. This repository collection includes a selection of some of the many books authored by our faculty.
Cara H. Drinan, Paul Marcus, Linda A. Malone, and Geraldine Szott Moohr
This casebook introduces the first-year student to the U.S. criminal justice system. It raises the question of why and how we punish, and it enables instructors to discuss with students the thorny problem of the relationship between the state and the individual. As with most substantive criminal law courses, the book covers a range of topics including rationales for punishment, elements of key crimes, inchoate offenses, and defenses. Problems have been developed to analyze these topics, and many modern issues and cases have been emphasized to stimulate student interest in the course. The book also now includes a discussion of the Supreme Court's Eighth Amendment limitations on punishment.
Roger C. Hartley
Since the Constitution's ratification, members of Congress, following Article V, have proposed approximately twelve thousand amendments, and states have filed several hundred petitions with Congress for the convening of a constitutional convention. Only twenty-seven amendments have been approved in 225 years. Why do members of Congress continue to introduce amendments at a pace of almost two hundred a year?
This book is a demonstration of how social reformers and politicians have used the amendment process to achieve favorable political results even as their proposed amendments have failed to be adopted. For example, the ERA "failed" in the sense that it was never ratified, but the mobilization to ratify the ERA helped build the feminist movement (and also sparked a countermobilization). Similarly, the Supreme Court's ban on compulsory school prayer led to a barrage of proposed amendments to reverse the Court. They failed to achieve the requisite two-thirds support from Congress, but nevertheless had an impact on the political landscape. The definition of the relationship between Congress and the President in the conduct of foreign policy can also be traced directly to failed efforts to amend the Constitution during the Cold War.
Roger Hartley examines familiar examples like the ERA, balanced budget amendment proposals, and pro-life attempts to overturn Roe v. Wade, but also takes the reader on a three-century tour of lesser-known amendments. He explains how often the mere threat of calling a constitutional convention (at which anything could happen) effected political change.
Raymond C. O'Brien
The third edition continues the use of fact-driven judicial decisions to illustrate transfer of wealth via non-probate transfers, Last Will and Testaments, and intestate succession. This casebook includes status developments, such as same-sex marriage and assisted reproductive technology. Unique to this edition is the discussion of self-settled asset protection trusts, trust protectors, and socially responsible investing. Recognizing the fact of the aging generations, the casebook is unique in its coverage of long-term housing payment options, federal and state entitlement programs designed for seniors, and options necessary for planning for incapacity.
Marshall J. Breger and Dario Moura Vicente
This is the fourth volume of papers drawn from three joint conferences between The Catholic University of America School of Law and the University of Lisbon Law School, held between 2009-2011. This particular volume includes papers from the following three conferences: Immigration (2009), The Financial Crisis (2010), Developments in Energy Law (2011).
Lisa G. Lerman and Philip Schrag
Covering all of the essential issues and topics, Ethical Problems in the Practice of Law, Fourth Edition, offers straightforward exposition and a combination of principal cases and real-case problems that generate lively class discussion and encourage strategic analysis.
J.P. "Sandy" Ogilvy
Inside Torts: What Matters and Why is a concise, clearly-written, and student-friendly guide to the principal topics covered in most first-year torts courses. It is designed to provide the fundamentals while, at the same time, identifying some of complexities of modern tort law. The goal of the book is to demystify the doctrine without oversimplifying it.
Overviews briefly introduce the topics of each chapter. The detailed tables of contents provide a starting point for the student to begin his or her own course outline. FAQs identify common misconceptions and sort them out, and numerous Sidebars offer additional insights, study tips, and practice pointers. Chapter summaries and bolded key terms facilitate study and review by reminding students of the key concepts that are needed to perform well on examinations. “Connections” at the end of each chapter illustrate the interconnections between the topics, encouraging students to integrate their knowledge of torts.
Leah Wortham, Susan Brooks, Alexander Scherr, and Nancy Maurer
The third edition of Learning From Practice covers topics relevant to law students working in real practice settings, including externships, in-house clinics, and other experiential courses. Intended for use in course seminars and tutorials, each chapter helps students succeed in their work, reflect on their development, and plan for their lives as lawyers. The book starts with topics common to all real world experience: planning to meet goals, working under supervision, observing carefully, communicating effectively, understanding bias and cultural difference, and reflection. The book offers detailed coverage of ethical issues in experiential coursework including a new chapter on professionalism. A group of chapters address key lawyering abilities such as good judgment, client relationships, collaboration, writing for practice, and making presentations. This edition expands coverage of important practice areas including judicial, criminal justice, public interest, public service, and transactional practices. The closing chapters turn to the future and focus on developing professional identity, maintaining well-being, finding a job and career, and the future of the profession. Throughout, the book encourages students toward self-direction, reflection, dialogue and collaboration, critical assessment of law practice, and well-being and career satisfaction.
John H. Garvey, Michael W. McConnell, and Thomas C. Berg
Religion and the Constitution, Fourth Edition, written by a team of well-known Constitutional Law scholars, thoughtfully examines the relationship between government and religion within the framework of the U.S. Constitution. This classroom-tested casebook is suitable for courses in Religious Liberty, Religion and the Constitution, or Religious Institutions and the Law.
Kenneth Pennington and Wilfried Hartmann
Understanding the rules of procedure and the practices of medieval and early modern courts is of great importance for historians of every stripe. The authors and editors of this volume present readers with a description of court procedure, the sources for investigating the work of the courts, the jurisprudence and the norms that regulated the courts, as well as a survey of the variety of courts that populated the European landscape. Not least, the authors wish to show the relationship between the jurisprudence that governed judicial procedure and what happened in the court room.
By the end of the thirteenth century, court procedure in continental Europe in secular and ecclesiastical courts shared many characteristics. As the academic jurists of the Ius commune began to excavate the norms of procedure from Justinian's great codification of law and then to expound them in the classroom and in their writings, they shaped the structure of ecclesiastical courts and secular courts as well. These essays also illuminate striking differences in the sources that we find in different parts of Europe. In northern Europe the archives are rich but do not always provide the details we need to understand a particular case. In Italy and Southern France the documentation is more detailed than in other parts of Europe but here too the historical records do not answer every question we might pose to them. In Spain, detailed documentation is strangely lacking, if not altogether absent. Iberian conciliar canons and tracts on procedure tell us much about practice in Spanish courts. As these essays demonstrate, scholars who want to peer into the medieval courtroom, must also read letters, papal decretals, chronicles, conciliar canons, and consilia to provide a nuanced and complete picture of what happened in medieval trials. This volume will give sophisticated guidance to all readers with an interest in European law and courts
Raymond C. O'Brien and Michael T. Flannery
This unique book is the first of its kind to address the specific issue of the sexual exploitation of children in a casebook format in a way that provides a measure of consensus and a basis for judicial and legislative responses. The book is suitable for traditional classroom teaching or a seminar setting. With a variety of current and teachable cases, statutes, and commentaries, the authors provide a clear and comprehensive overview of the issues pertaining to the sexual exploitation of children, including the common characteristics of exploiters and their victims; the legal parameters of the interactions between perpetrators and children; and the full nature of commercial exploitation, including child pornography, prostitution, and sex trafficking, and the significance of Internet technology to these issues.
The authors provide a strategic perspective of the civil and criminal aspects of the sexual exploitation of children, including mandatory reporting laws; the admissibility of evidence, including expert and child testimony; the application of relevant statutes of limitations; sentencing variables and conditions; and civil commitment and victim restitution reforms. In discussing the Federal and state responses to child sexual exploitation, the authors also address the legal basis for institutional liability, including relevant common law and statutory defenses, insurance coverage, and damages. The authors discuss timely examples of institutional liability, including religious, social, and educational icons, to offer a clear and comprehensive perspective on the need for judicial, legislative, and social reform. This casebook is an ideal resource for a comprehensive but detailed exploration of the practical legal issues involving the sexual exploitation of children. The casebook includes a clear and concise Teacher’s Manual, with summaries of all cases and commentaries and notable points of discussion for each case.