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 B. Marcin, Douglas W. Kmiec, and Stephen B. Presser
The Third Edition of Individual Rights and the American Constitution is designed for a two- or three-semester-hour course on the intellectual sources of and cases dealing with individual human rights, including especially religion, speech, and economic liberties, as well as the concepts of due process and equality. This book explores how government power is expressly or impliedly limited to protect individual interests in religious exercise, speech, the freedom from irrational discrimination, and autonomy, as well as economic liberty. It is designed to meet the needs of professors of political science, government, history, and public policy by supplying a casebook that is at once accessible to study by virtue of generous chapter overviews, skillful case selection and editing, and extended introductions and following notes and questions. In addition, out of abundant respect for the rich intellectual tradition that exists within the university, this book fully reflects that Supreme Court cases emerge from history, and history itself reflects centuries of political and philosophical understanding.
Rett R. Ludwikowski and Anna Ludwikowski
Presidential Elections in the United States in Comparative Perspective is the formation of a presidential system of the United States, with emphasis on the evolution of the American electoral system. The development also includes an analysis of the constitutional requirements to be met by candidates for presidents and vice presidents, the analysis of intra-party elections and essential choices made by voters. The book also contains documents in English chosen by the authors.
Raymond B. Marcin, Douglas W. Kmiec, and Stephen B. Presser
The new edition of The American Constitutional Order is designed for a four- to six-semester-hour course on Constitutional Law covering both the structural features of the Constitution as well as individual rights. This book includes ample historical materials, lengthy explanatory notes, both introducing and following cases, and employs exemplar or principal cases rather than merely cumulating redundant examples. The American Constitutional Order is a book with an explicit point of view. In the colloquial, a book with an attitude--namely, that history counts, and that within this American story is a premise of the protection of fundamental natural rights. The authors do not expect every instructor to share their perspective, but they do make this honest pedagogical point: all books have a point of view. Staking out territory in favor of the aspiration of the rule of law and American historical antecedents in fresh ways, this book stimulates thinking and classroom instruction--whether an instructor wishes to travel with, or teach against, the authors' premises.
Raymond C. O'Brien and Michael T. Flannery
This book seeks to provide historical grounding, analysis, and multiple examples of prudent investing of trusts. Specific topics covered in the materials include a description of the evolution of portfolio management, changes in the concept of loyalty, the utility of exculpatory clauses, the uniqueness of charitable trusts, ERISA standards, social investing, and the statutes promoting compliance with fiduciary responsibility.
The Prudent Investing of Trusts offers a timely response to the Wall Street Crisis of 2008, the enactment of the Emergency Economic Stabilization Act of 2008, and the federal legislation and the additional federal remedial measures that followed. This book, up to the date of publication, seeks to incorporate all of these challenges and government responses. But as the media preoccupies itself with falling stock prices and the dilemma of foreclosures, there are legal disputes being initiated or contemplated against trustees by private and charitable beneficiaries who have seen assets decrease significantly. This book describes the parameters of legal causes of action when settlors and beneficiaries currently contemplate legal action to rectify the harm that they are experiencing. It also describes and illustrates whether the trustee who manages these affected trusts acts prudently.
George P. Smith II
Is the advancement of scientific knowledge and the development of biomedical technologies – known as the ‘New Medicine’ – desirable? George P. Smith asks this fundamental question while also confronting the distribution of these scarce medical resources. Law, economics, medical science, philosophy and ethics all coalesce in this discussion of how to structure normative standards of conduct that will improve the quality of human life.
The author begins by examining various economic constructs as aids for achieving a fair and equitable delivery of health care services. He then assesses their level of practical application and evaluates the costs and benefits to society of pursuing the development and use of the ‘New Medicine’. The book ends with a case study of organ and tissue transplantation that illustrates the implementation of distributive justice. The author concludes that as long as clinical medicine maintains its focus on healing and alleviating suffering among patients, a point of equilibrium will be reached that advances the common good.
This timely and compelling exploration will be a must-read for scholars, researchers, policymakers and all those interested in advances in medical technology and the issues surrounding access to health care.
Rett R. Ludwikowski and Anna Ludwikowski
This book examines a number of issues observed mostly by practicing European lawyers trying to wade through the maze of U.S. laws and precedent-setting court decisions. In addition to the analytical part the text also contains a variety of legislative and judicial decisions.To facilitate the reader, an appendix of documents have been added in the original language.
The History of Medieval Canon Law in the Classical Period, 1140-1234: From Gratian to the Decretals of Pope Gregory IX
Kenneth Pennington and Wilfried Hartmann
Gratian has long been called the Father of Canon Law. This latest volume in the ongoing History of Medieval Canon Law series covers the period from Gratian's initial teaching of canon law during the 1120s to just before the promulgation of the Decretals of Pope Gregory IX in 1234.
Gratian's contributions to the birth of canon law and European jurisprudence were significant: he introduced a new methodology of teaching law by using hypothetical cases and by integrating--and inserting in the texts themselves--his own comments on the canons. He also used the dialectical method to analyze legal problems that he raised in his cases. Though this methodology was first developed by Peter Abelard and others in the schools of Northern France, Gratian was the first to apply it to legal texts with the publication of his Decretum (ca. 1140). Because the Decretum was not just a collection of texts but an analysis of the sources and doctrines of ecclesiastical law, his book enjoyed immediate success across Europe. The Decretum was adopted by teachers from England to Italy and Germany to Spain. Gratian's successors later applied his methodology to the papal appellate decisions (decretals) that gradually became the foundation of canon law in the later Middle Ages.
In this volume, distinguished legal historians contribute noteworthy essays on the commentaries on Gratian, the beginnings of decretal collections and commentaries on them, and the importance of conciliar legislation for the growth of canon law. There are also chapters on the influence of Roman law on canon law and the teaching of canon law in law schools.
J.P. "Sandy" Ogilvy and Roy T. Stuckey
This book provides a vision of what legal education might become if legal educators step back and consider how they can most effectively prepare students for practice. It has several potential uses. It could serve as a road map for a partial or complete review of a law school’s program of instruction. It could also help individual teachers improve course design, delivery of instruction, and assessment of student learning. Most of all, however, we hope the document will facilitate dialogue about legal education among law teachers and between law teachers and other members of the legal profession. A serious, thoughtful reconsideration of legal education in the United States is long overdue.
The principles of best practices described in this document are based on long recognized principles of sound educational practices as well as recent research and scholarship about teaching and learning. Our conclusions are based on the most up-to-date information available. Such resources include Educating Lawyers, the report of a study of legal education conducted by the Carnegie Foundation for the Advancement of Teaching, and the unpublished drafts of chapters for a book being written by Judith Wegner, which contain her personal observations and conclusions as the principal investigator for the Carnegie Foundation’s study.
Ralph J. Rohner, John A. Spanogle, Mary Dee Pridgen, and Jeffrey Sovern
The Third Edition has been completely updated to include current and emerging issues in Consumer Law. The text covers a range of topics, including advertising and marketing, consumer credit regulation, consumer privacy, payment systems, warranty law, debt collection, remedies and predatory lending (a capstone chapter). This text contains a balance of cases, problems (updated to reflect modern situations) and notes (discussion questions and references to the latest consumer protection scholarship), allowing the professor the maximum flexibility in choice of topics, and pedagogical methods.
Stephen G. Margeton
This work is a must-have resource for all academic libraries. This in-depth work covers needs assessments, design development, construction documents, mechanical, electrical and acoustical needs, furniture, displays and exhibits, security, patron amenities, and more! This book’s format sets it apart from others dealing with similar subject matter. Margeton provides readers with comments from five librarians with experience in specific design features, as well as an annotated bibliography of books and articles he himself found useful.