Faculty Books

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  The New Law School: Reexamining Goals, Organization and Methods for a Changing World

  Leah Wortham and Daniela Ikawa

  This collection of essays is a unique contribution to understanding the issues confronting law schools in Central and Eastern Europe and countries of the former Soviet Union as they seek to ensure that their programs meet the needs of 21st century lawyers. The book is unusual in two ways. First, most of the authors are faculty members at universities in the region. Despite a plethora of initiatives to reform legal education in Central and Eastern Europe and countries of the former Soviet Union, there has been little literature on the topic coming from the region itself. Second, the essays address structural issues as well as pedagogical ones (e.g., the disincentives for academics to invest time in developing new teaching methodologies and the problems posed by rigid government standards for higher education). It is particularly useful to have these essays collected in one book, so that readers can see both problems and some suggested solutions in a cross-cultural context.

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  A Legal Guide for Student Affairs Professionals (2nd ed.)

  William A. Kaplin and Barbara A. Lee

  The student affairs market has experienced a great boom in the last decade. Based on the fourth edition of the indispensable guide to the laws that bear on the conduct of higher education, this updated student affairs edition provides a reference and guide for student affairs practitioners and graduate students in student affairs administration courses. This volume combines sections that are pertinent to student affairs practitioners, as well as the government regulatory and administrative issues found in the full Fourth Edition. It is thus the most comprehensive and easy-to-use volume for student affairs officers and students.

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  Individual Rights and the American Constitution (3rd ed.)

  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.

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  Presidential Elections in the United States in Comparative Perspective

  Rett R. Ludwikowski and Anna Ludwikowski

  [In Polish]

  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.

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  The American Constitutional Order: History, Cases and Philosophy (3rd ed.)

  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.

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  The Prudent Investing of Trusts: Cases and Materials

  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.

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  Distributive Justice and the New Medicine

  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.

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  The Courts in the United States: Structure and Jurisdiction

  Rett R. Ludwikowski and Anna Ludwikowski

  [In Polish]

  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.

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  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.

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  Best Practices for Legal Education: A Vision and a Road Map

  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.