Faculty Books

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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.

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  The Law of Higher Education: Student Edition (5th ed.)

  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.

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  Consumer Law: Cases and Materials (4th ed.)

  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.

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  Domestic Relations: Cases and Materials (7th ed.)

  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.

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  Ethical Problems in The Practice of Law: Concise Edition for the Two Credit Courses (3rd ed.)

  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.

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  Palliative Care and End-of-Life Decisions

  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.