Faculty Books

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  The Complete Advocate II: Employment Offenses in Health Care Contexts, A Practice File for Representing Clients from Beginning to End

  A.G. Harmon

  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.

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  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.

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  The Tragedy of Religious Freedom

  Marc O. DeGirolami

  When it comes to questions of religion, legal scholars face a predicament. They often expect to resolve dilemmas according to general principles of equality, neutrality, or the separation of church and state. But such abstractions fail to do justice to the untidy welter of values at stake. Offering new views of how to understand and protect religious freedom in a democracy, The Tragedy of Religious Freedom challenges the idea that matters of law and religion should be referred to far-flung theories about the First Amendment. Examining a broad array of contemporary and more established Supreme Court rulings, Marc DeGirolami explains why conflicts implicating religious liberty are so emotionally fraught and deeply contested.

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  Family Law in Perspective (3rd ed.)

  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.

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  History of Polish Political Thought

  Rett R. Ludwikowski

  [In Polish]

  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.

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  International Trade (3rd ed.)

  Rett R. Ludwikowski

  [In Polish]

  The third edition has been updated and expanded especially in parts presenting the growing role of China as a trading partner of the United States, European Union and Japan.

  The author also analyzes the causes of the most serious current trade disputes concerning admissibility. For example, the imposition of countervailing duties on non-market countries subsidizing trade, the legality of parallel application of anti-dumping duties and penalties neutralizing the effects of subsidies, and possible state intervention in the currency markets for prohibited subsidies.

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  Law and Bioethics: Intersections Along the Mortal Coil

  George P. Smith II

  George P. Smith, II is a leading figure in the world of medical law and ethics. During his long career he has addressed some of the most important issues in bioethics and has contributed much original thought to debates in the field. This book celebrates his contribution to scholarship in this area and brings together his key writings in bioethics. The chapters include previously published material which has been substantially updated to reflect recent developments in medicine and law. The book covers topics such as: human rights and medical law; the allocation of resources and distributive justice; ethical relativism; science and religion; and public health emergencies.

  Taken as a whole, this book examines the extent to which law, medicine, economics, and bioethics interact as synergistic vectors of force in shaping and setting both personal and public responses to the complexities of biotechnology, or what has been referred to as "The New Biology." All too often, past considerations of this topic have neglected to recognise the synergistic influences of law as a catalyst for codifying contemporary values into normative standards. Professor Smith reaches the conclusion that if traditional bioethical principles are to be seen as pertinent constructs for policy making, they must be broadened through the law of public health and Human rights. Law and Bioethics: Intersections along the Mortal Coil casts law as the pivotal force in bringing stability to the ongoing debates on how to maintain bioethical relevance in decision making and in so doing, it offers an excellent overview of the current bioethical issues in medical law considered in light of recent and ongoing technological developments in medicine.

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  Sacred Space in Israel and Palestine: Religion and Politics

  Marshall J. Breger, Yitzhak Reiter, and Leonard Hammer

  Religion and religious nationalism have long played a central role in many ethnic and national conflicts, and the importance of religion to national identity means that territorial disputes can often focus on the contestation of holy places and sacred territory. Looking at the case of Israel and Palestine, this book highlights the nexus between religion and politics through the process of classifying holy places, giving them meaning and interpreting their standing in religious and civil law, within governmental policy, and within international and local communities.

  Written by a team of renowned scholars from within and outside the region, this book follows on from Holy Places in the Israeli-Palestinian Conflict: Confrontation and Co-existence to provide an insightful look into the politics of religion and space. Examining Jerusalem’s holy basin from a variety of perspectives and disciplines, it provides unique insights into the way Jewish, Christian and Muslim authorities, scholars and jurists regard sacred space and the processes, grass roots and official, by which spaces become holy in the eyes of particular communities. Filling an important gap in the literature on Middle East peacemaking, the book will be of interest to scholars and students of the Middle East conflict, conflict resolution, political science, urban studies and history of religion.

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  The History of Byzantine and Eastern Canon Law to 1500

  Kenneth Pennington and Wilfried Hartmann

  This newest volume in the History of Medieval Canon Law series surveys the history of Byzantine and Eastern canon law. Beginning in the Patristic Age, Susan Wessel outlines the evolution of ecclesiastical law before the Council of Nicaea (325 A.D.). She covers the earliest documents and councils in the Christian tradition, and concludes that the councils replaced other sources of authority as bishops moved to a more democratic model of church organization.

  Heinz Ohme then offers a detailed analysis of the Greek councils and the writings of the Greek Fathers. He treats the sources of canonical material of Byzantine canon law down to the Quinisext Council (Trullanum, 692). Spyros Troianos presents a comprehensive survey of the Greek canonical collections and their compilers from the fourth to the eleventh century. In extending his coverage to 1500, Troianos provides bibliographical and biographical information about the most important Byzantine canonists who remain virtually unknown in English language literature: John Zonaras, Alexios Aristenos, and the Byzantine Gratian, Theodore Balsamon.

  With Hubert Kaufhold's contribution, the book also explores the wide range and variety of law in Eastern Christian communities, including Western Syrians (Jacobites), the Copts, Ethiopians, Armenians, Georgians, Nestorians, and Maronites.

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  A Student's Guide to Hearsay (4th ed.)

  Clifford S. Fishman

  The overarching objective of A Student's Guide to Hearsay is to help students sort out the complexities of the hearsay rule, its exceptions, and the Sixth Amendment Confrontation Clause. For each exception, this book:

  • Outlines the policies underlying the exception;

  • Lists and explains the requirements that must be satisfied for evidence to be admitted under the exception;

  • Explains additional issues that have arisen or are likely to arise;

  • Explains how the rule interacts with other rules ;

  • Discusses tactical and procedural considerations that must be understood to appreciate how the rule plays in court; and

  • Provides review questions and answers that allow students to test their understanding and applications of the rules.

  The book also includes humorous references addressing the hearsay significance of a ham sandwich, Humpty Dumpty, the Greek god of wine, Tim McGraw, dog saliva, Derek Jeter, a squeaky boot, Leonardo DiCaprio, the French Army, the speed of sound, Commander Data, and the Chicago Cubs.

  The 4th edition is based on the text of the restyled Federal Rules of Evidence that will become effective December 1, 2011. It includes a detailed discussion of every Supreme Court Confrontation Clause decision from Crawford to Bryant, and also discusses the Bullcoming case which the Court will probably decide sometime this year.