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.
Raymond C. O'Brien and Michael T. Flannery
This casebook contains the fundamentals for a lively, contemporary course in elder law. It emphasizes illustrative factual cases and statutes, and is supported by materials from elder law practitioners and statistical data. It is distinctive in its emphasis upon state and federal court decisions, not simply recitation of statutory provisions. Elder law is of burgeoning historical and social importance. Statistics indicate that by 2030 almost one-fifth of all Americans will be 65 or older. Among the legal issues pertinent to an aging population are estate planning objectives in the context of possible incapacity, integrating nonprobate and probate transfers, asset protection planning, philanthropy and dynasty options, and beneficial tax planning. Recently enacted statutes provide guidance in personal health care decision-making and designating guardians and surrogates to exercise authority when needed. And clients and institutions require legal assistance to navigate federal benefits such as Medicare, Social Security, Veterans Benefits, and the interaction of state-federal Medicaid opportunities. Statistics also indicate that almost two-thirds of all individuals over age 65 will need some form of long-term care. For many, the choices will involve home care or some form of institutional care, with payment derived from private funds, insurance, or government assistance. All of these options will involve legal parameters.
William A. Kaplin and Barbara A. Lee
Based on the fifth edition of the indispensable guide to the laws that bear on the conduct of higher education, this student edition provides an up-to-date textbook, reference, and guide for coursework in higher education law and programs preparing higher education administrators for leadership roles. This student edition contains a glossary of key terms and an appendix on how to read legal material for the non-law student. Each chapter is introduced by a discussion of key terms and ideas the students will encounter.
Ralph J. Rohner and John A. Spanogle
Cases and Materials on Consumer Law (4th ed.) retains its comprehensive coverage and has been completely updated to reflect new developments in the dynamic field of consumer law, including:
• Internet marketing, ad substantiation, celebrity and other testimonials
• Consumer credit regulation, and the new Consumer Financial Protection Bureau
• Consumer privacy, online marketing and tracking
• Emerging payment systems – e.g., credit, debit and stored value cards
• Remedies –latest U.S. Supreme Court developments on consumer arbitration
• Predatory lending (“capstone” chapter), the legal fallout from the subprime mortgage foreclosure crisis
This text contains a balance of cases, problems that reflect modern situations, and notes with discussion questions and references to the latest consumer protection scholarship.
Raymond C. O'Brien, Walter Wadlington, and Robin F. Wilson
The seventh edition progresses from the format of earlier editions by continuing to provide cases from state, federal and international courts that integrate the scope and dynamism of family law. There are references to uniform, state, federal and international code provisions throughout the book and there is a companion book offered addressing additional statutes and related commentary. This casebook is meant to be used in the classroom by teachers offering a class of two, three or four credits. The book has been reduced in size but the familiar topics of past editions have been retained and the cases and materials updated to include all of the changes that have occurred.
Lisa G. Lerman and Philip Schrag
A lighter-weight, shorter edition for two-credit courses, Ethical Problems in the Practice of Law: Concise Edition for Two Credit Courses, Third Edition, like its popular full-sized version, is built around dozens of problems for classroom discussion. Most are based on actual cases, including many classic legal ethics cases that appear in other textbooks. Students are put in the roles of lawyers and asked to decide how to proceed. Clear, concise explanations of the law in Q&A format precede each problem, providing the rules and doctrines necessary to address each one. The up-to-date presentation includes the most important rules changes made by the ABA in August, 2012, and the graphical elements (tables, pictures, New Yorker cartoons, and the like) make the doctrine come alive. An excellent, downloadable Teacher s Manual is written in the form of class notes with extensive guidance on how to generate exciting class discussions. Detailed analysis is provided for each problem, exploring both its strategic and its ethical tensions. Teachers can easily adapt the content of the manual to their own preferences and styles, or use it as is for instant class preparation. The real case feature reveals what happened in the actual cases on which the problems are based. The authors post important updates on the book s companion website, so professors need not wait for annual supplements to stay abreast of new developments. Audio interviews with lawyers involved in the cases on which the problems are based are available on the website as well.
George P. Smith II
George P. Smith's Palliative Care and End-of-Life Decisions completes a Bioethics-Health Care epistemology begun in 1989, which addresses the specific issue of managing palliative care at the end-stage of life. Smith argues forcefully that in order to palliate the whole person (encompassing physical and psychological states), an ethic of adjusted care requires recognition of a fundamental right to avoid cruel and unusual suffering from terminal illness. Specifically, this book urges wider consideration and use of terminal sedation as efficacious medical care and as a reasonable procedure in order to safeguard a 'right' to a dignified death. The principle of medical futility is seen as a proper construct for implementing this process.
The state legislative responses of California, Vermont, and Washington in enacting Death with Dignity legislation - allowing those with end-stage terminal illness to receive pharmacological assistance in ending their own lives - is held by Smith to be not only commendable, but the proper response for enlightened state action.
The Complete Advocate II: Employment Offenses in Health Care Contexts, A Practice File for Representing Clients from Beginning to End
The Complete Advocate II: Employment Offenses in Health Care Contexts, A Practice File for Representing Clients from Beginning to End, is designed to guide a student through all aspects of a legal process: researching an area of law, filing pleadings, writing and arguing motions, proposing settlement, and pursuing and arguing appeals-from the beginning of the process to the end.
The Complete Advocate II: Employment Offenses in Health Care Contexts case file includes intake memos and assignments, including drafting pleadings, preparing litigation memoranda, and filing an appeal. It also includes depositions, affidavits, exhibits, motions and orders of the district court. The corresponding Teacher's Manual provides private, confidential facts for use in mediation sessions and trial practice. The facts of the cases, set in the Tenth Circuit, revolve around the federal False Claims Act (FCA) and the federal Anti-Kickback Statute (AKS).
The Complete Advocate II: Employment Offenses in Health Care Contexts not only provides students with an education in the substantive and procedural dimensions of the subject matter, it also provides them with a paradigm for practice-a conceptual model from which they can pattern their future approaches to a litigation matter, regardless of its type.
The Law of Higher Education: A Comprehensive Guide to Legal Implications of Administrative Decision Making (5th ed.)
William A. Kaplin and Barbara A. Lee
The Law of Higher Education, Fifth Edition, is the most up-to-date and comprehensive reference, research source, and practical legal guide for college and university administrators, campus attorneys, legal counsel, and institutional researchers, addressing all the major legal issues and regulatory developments in higher education.
In the increasingly litigious environment of higher education, William A. Kaplin and Barbara A. Lee’s clear, cogent, and contextualized legal guide proves more and more indispensable every year.
Over 3,000 new cases related to higher education have been decided since the publication of the previous edition, and scores of changes to higher education law are made each year. Every section of the fifth edition contains new material.
Raymond C. O'Brien and Walter Wadlington
This book continues the approach of the previous editions, offering a conceptual approach to the legal issues implicit in family law. The book describes the developments of alternatives to marriage, same-sex marriage, and the expansion of assisted reproductive technology and gestational surrogacy. Spousal and child support continue to be addressed at the state level through expanding definitions of what constitutes property, the need to limit the duration of spousal support, and the presumptive value of child support statutes. Federal statutes have demanded greater support enforcement at the state level, and Congress retains control over ERISA, Social Security, and military benefits.
Rett R. Ludwikowski
This manual discusses the main currents of doctrinal Polish political thought from the early period of Polish modern history to the present. The author assumes that without the knowledge of political thought our knowledge of Polish history would be incomplete. The author has put a particular emphasis on the formative period of these trends (the nineteenth century and the first half of the twentieth century) and the analysis of the so-called integral types, presenting the ideological base of each concept.