Faculty Books

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  Ethical Problems in the Practice of Law (4th ed.)

  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.

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  Inside Torts: What Matters and Why

  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.

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  Learning From Practice: A Text for Experiential Legal Education (3d ed.)

  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.

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  Religion and the Constitution (4th ed.)

  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.

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  The History of Courts and Procedure in Medieval Canon 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

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  The Sexual Exploitation of Children

  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.

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  Independent Agencies in the United States: Law, Structure, and Politics

  Marshall J. Breger and Gary Edles

  Independent Agencies in the United States provides a full-length study of the structure and workings of federal independent regulatory agencies in the US, focusing on traditional multi-member agencies, such as the Securities and Exchange Commission, the Federal Communications Commission, the National Labor Relations Commission, and the Federal Trade Commission. It recognizes that the changing kaleidoscope of modern life has led Congress to create innovative and idiosyncratic administrative structures including government corporations, government sponsored enterprises governance, public-private partnerships, systems for "contracting out," self-regulation and incorporation by reference of private standards.

  In the process, Breger and Edles analyze the general conflict between political accountability and agency independence. They provide a unique comparative review of the internal operations of US agencies and offer contrasts between US, EU, and certain UK independent agencies. Included is a first-of-its-kind appendix describing the powers and procedures of the more than 35 independent US federal agencies, with each supplemented by a selective bibliography.

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  Perspectives on Missing Persons Cases

  Mary Graw Leary and Sharon Watkins Cooper MD

  This volume has been developed to identify the most current information regarding missing persons. While information is generally available regarding missing children cases, the book includes material on missing elders, missing adults, and human trafficking cases. Acknowledging the limited research in the field, the contributors use cases featuring children to underscore larger points regarding all missing persons cases. It is hoped that this work will trigger further research and exploration of these areas.

  Perspectives on Missing Persons Cases includes not only professional, academic, and statistical information, but personal narratives as well. Throughout the book the reader will find experiential chapters authored by victims and their families. The highly personal accounts of their journeys can aid the professional in serving victims in a comprehensive manner sensitive to the unique needs of a missing persons case.

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  Ethical Problems in the Practice of Law: Model Rules, State Variations, and Practice Questions (2015-16 ed.)

  Lisa G. Lerman, Philip G. Schrag, and Anjum Gupta

  An indispensable tool for students taking courses in professional responsibility, Ethical Problems in the Practice of Law: Model Rules, State Variations, and Practice Questions contains only the essential resources: the ABA Model Rules of Professional Conduct and the official comments; a selection of the most distinctive state variations; and 116 practice questions, in the format used in the Multistate Professional Responsibility Examination (MPRE), together with answers and detailed analyses.

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  The Fundamentals of Elder Law, Cases and Materials

  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.