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.
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.
Lisa G. Lerman, Leah Wortham, and J.P. "Sandy" Ogilvy
The new edition of this popular textbook for externship seminars has been revised and updated. It now includes several additional chapters written by contributing authors new to this edition, including a chapter on judicial externships, expanded material on ethical issues in externships, a chapter on creative problem solving, and a chapter on learning practical judgment. Chapters are designed for convenient use in a single class session, and the book offers a menu of topics among which teachers can choose to match the objectives for their particular externship course.
Harvey L. Zuckman, T. Barton Carter, and Juliet Lushbough Dee
Expert authors discuss the First Amendment in detail, as well as defamation and mass communication in Carter, Dee and Zuckman’s Mass Communication Law in a Nutshell. It covers: Internet law Indecency Websites with bomb recipes Defamation and anonymous postings Blocking cookies Encryption Spamming Copyright infringement Domain names and convergence The role of the FCC Cable and news technologies Further highlights include Supreme Court rulings on “ride-along” cases, nude dancing, and commercial speech, covering issues such as banning advertising for lawful but harmful products such as tobacco. There is also an expanded discussion of journalists’ access to courtroom proceeding and judicial documents.
Clifford S. Fishman and Anne T. McKenna
Wiretapping and Eavesdropping: Surveillance in the Internet Age provides information and tactics for criminal and civil practitioners in situations where Internet, computer, phone (analog, digital, and cellular), or other monitored and recorded evidence issues arise. Special attention is given to problems commonly arising in matrimonial, employment, and other civil litigation; criminal proceedings; and criminal and civil statutes, penalties, and remedies.
Raymond B. Marcin
Arthur Schopenhauer's theory of justice is radical. Justice, in Schopenhauer's system of thought, is not an epistemological construct. It is neither rights based nor process based. It rejects the concept of individual moral duty as vehemently as it embraces the concept of collective moral guilt. For Schopenhauer, justice is not a way of assessing reality. It is a facet of reality itself. Schopenhauer's theory of justice is ontology--a study of being itself.
In this book Raymond B. Marcin offers several reasons why a review and a reevaluation of Schopenhauer's theory of justice are worthwhile now, almost two hundred years after it was first formulated. One is that his theory of justice, based squarely on his philosophy of being (or ontology), seems remarkably consistent with the view of reality that is taking shape in the minds of contemporary quantum physicists. Albert Einstein called Schopenhauer's writings "wonderful," and Erwin Schrödinger called them "beautiful." Another reason is that the metaphysical basis of Schopenhauer's theory of justice bridges a gap that has long existed between Western and Eastern approaches to philosophy and may well have had an influence on the thought of Mohandas K. Gandhi. Yet another reason is that some contemporary jurisprudential movements with a strong social orientation have of late taken an interest in the concept of "community." The idea of "comm-unity" in its most basic and most literal sense is at the heart of Schopenhauer's deep ontology of justice. Finally, the concept of justice has almost always been examined from an epistemological vantage point. Seldom have we seen, outside the natural law tradition, a metaphysical or ontological examination of justice, and that is exactly what Schopenhauer gives.
Readers will learn of Schopenhauer's thought, life, and importance in the history of philosophy. A multi-disciplinary approach combined with the author's inviting style will make this book worth the consideration of a broad range of scholars.