Faculty Books

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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.

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  Consumer Law: Cases and Materials (3rd ed.)

  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.

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  Introduction to Design for Law and Other Academic Libraries: Reflection and Change (2nd ed.)

  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.

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  Learning from Practice: A Professional Development Text for Legal Externs (2nd ed.)

  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.

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  Mass Communication Law in a Nutshell (6th ed.)

  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.

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  Wiretapping & Eavesdropping: Surveillance in the Internet Age (3rd ed.)

  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.