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  Advanced Introduction to Legal Reasoning

  Larry Alexander and Emily Sherwin

  This insightful and highly readable Advanced Introduction provides a succinct, yet comprehensive, overview of legal reasoning, covering both reasoning from canonical texts and legal decision-making in the absence of rules. Overall, it argues that there are only two methods by which judges decide legal disputes: deductive reasoning from rules and unconstrained moral, practical, and empirical reasoning.

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  Criminal Law and Procedure, Cases and Materials

  Donald A. Dripps, Ronald N. Boyce, and Rollin M. Perkins

  The fourteenth edition continues the book's commitment to offering the most comprehensive, rigorous, and flexible materials on the American criminal process. With respect to the substantive criminal law, the new edition includes:

  • Full case treatment of United States v. Davis, 139 S.Ct. 2319 (2019), illustrating the Supreme Court's continued commitment to a robust understanding of the void-for-vagueness doctrine;
  • An updated treatment of homicide in general, with particular attention paid to a new wave of hostility to the felony murder doctrine, including full case treatment of Commonwealth v. Brown, 477 Mass. 805, 81 N.E.3d (2017), abolishing the doctrine by statutory interpretation, and People v. Swanson, 57 Cal.App.5th 604 (Ca. App. 2020), applying S.B. No. 1437, a reform statute that curtailed both felony murder and the natural-and-probable consequences doctrine in homicide prosecutions.
  • Full case treatment of Rehaif v. United States, 139 S.Ct. 2191 (2019), a decision exemplifying the Court’s approach to imputing culpable mental states to conduct and circumstance elements in criminal statutes;
  • Full case treatment of Kahler v. Kansas, 140 S.Ct. 1021 (2020), rejecting a constitutional challenge to the state’s elimination of insanity as an affirmative defense, and presenting along the way at thorough history of various versions of the defense;
  • State v. Harris, 2017 WL 1505219 (Del. C.P. Apr. 20, 2017), a remarkable report by a judge acquitting the accused of sexual assault charges, illustrating the peculiar difficulties of prosecuting rape cases as well as the mechanics of the trial process.

  With respect to criminal procedure, the main development is the Supreme Court’s landmark decision in Carpenter v. United States, 138 S.Ct. 2206 (2018). Carpenter held that that federal agents violated the Fourth Amendment by obtaining seven days of location data, from the defendant’s service provider, without first obtaining a search warrant. The new edition relies on a recent District Court opinion, United States v. Diggs, 385 F. Supp. 648 (N.D. Ill. 2019), to explain the important changes wrought by Carpenter.

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  International trade, beyond Trump, in a nutshell

  Ralph H. Folsom

  This Nutshell examines the economics and rules governing international trade, with special emphasis on global and U.S. trade agreements in the disruptive Trump tariff war era.
  
  After introductory chapters on trade transactions and cross-border enterprises, it analyzes the World Trade Organization (WTO) package of agreements, Trump blockage of WTO dispute settlement, regulation of imports (including customs law), and trade remedy responses to import competition. Export controls, foreign corrupt practices, preferential free trade and customs union agreements, technology transfers and a chapter on Beyond Trump and Trade follow. Trade policy alternatives are discussed and highlighted as Biden Impacts throughout this Nutshell.

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  A Dubious Expediency: How Race Preferences Damage Higher Education

  Gail Heirot and Maimon Schwarzchild

  Is higher education on the right road? The authors of these eight essays are hardly the first to think not.

  In 1976, in the now-famous Bakke case, the California Supreme Court had to decide whether what some view as the “good kind” of race discrimination—preferential treatment for minorities in college and university admissions—violates the Constitution. To Justice Stanley Mosk, up to then considered by many to be a civil rights hero, the answer was clear. Writing for the majority, he insisted: “To uphold [the University of California’s argument for race-preferential admissions] would call for the sacrifice of principle for the sake of dubious expediency and would represent a retreat in the struggle to assure that each man and woman shall be judged on the basis of individual merit alone.”

  Alas, the university took its case up to the U.S. Supreme Court, where the Justices fractured into three camps. The result was to open the door to more than a half-century of “diversity” admissions.

  These policies have never been popular. When voters get the opportunity to vote them down, they almost always do, beginning with California’s Proposition 209 in 1996. In 2020, California voters shocked that state’s political and business elite by decisively rejecting an effort by the legislature—known as Proposition 16—to repeal Proposition 209.

  But voters in most states never get that opportunity.

  At this late date, getting back on the right road—away from group preferences and from the cultural changes they have wreaked on campus—won’t be easy. Yet, as the essays in this volume demonstrate, it needs to be done—sooner better than later.

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  Fictions, Lies and the Authority of Law

  Steven D. Smith

  Is there any connection linking some of the maladies of modern life—“cancel culture,” the climate of mendacity in public and academic life, fierce conflicts over the Constitution, disputes over presidential authority? Fictions, Lies, and the Authority of Law argues that these diverse problems are all a consequence of what Hannah Arendt described as the disappearance of authority in the modern world. In this perceptive study, Steven D. Smith offers a diagnosis explaining how authority today is based in pervasive fictions and how this situation can amount to, as Arendt put it, “the loss of the groundwork of the world.”

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  Transnational Law and Practice: Cases and Materials

  Donald Earl Childress III, Michael Ramsey, and Christopher A. Whytock

  Transnational Law and Practice emphasizes the knowledge and skills that students need to solve the real-world transnational legal problems they are likely to encounter as lawyers in today’s globalized world—regardless of their field of practice and regardless of whether they are interested in international law as such. The casebook covers public international law and international courts; but unlike traditional international law casebooks, it urges students not to be “international law-centric” or “international court-centric” and gives them the resources to learn how to use national law and national courts, and private norms and alternative dispute resolution methods, to solve transnational legal problems on behalf of their clients.

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  Criminal Procedure: Rights and Remedies in Police Investigations

  Donald A. Dripps

  This casebook on investigative criminal procedure takes a fresh and uniquely contemporary doctrinal approach. It begins with enough history to enable students to follow the historical arguments that pervade the Supreme Court’s great landmarks. Those landmarks receive extensive coverage. Scholarly lower-court opinions, however, often are used as force-multipliers, to synthesize and apply the ever-growing Supreme Court case law. Many of these opinions arose from civil actions, illustrating Section 1983 litigation even before the extensive chapter on constitutional remedies. That chapter deals with the exclusionary rule, but also with 1983 and Bivens suits. Institutional reform injunctions—the most dramatic development in the field in decades—receive extensive treatment. Brief but detailed Notes introduce pertinent academic literature, including empirical findings on stop-and-frisk and institutional reform injunctions, systemic feedback loops, the philosophical basis of the privilege against self-incrimination, and the role of race—past and present—in the law of criminal procedure.

  Prior books emphasize the Supreme Court’s decisions applying the constitutional exclusionary rules. This understandable focus comes at a price. Too little attention is paid to the origins of our constitutional rights or to remedies for institutional violence as distinct from invasions of privacy. The prevailing focus on the e-rule risks devoting the whole course to only part (admittedly a very important part) of the law.

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  The USMCA: NAFTA re-negotiated and its business implications in a nutshell

  Ralph H. Folsom and W. Davis Folsom

  No lawyer or business operating in North America can escape the significance of NAFTA and its successor, the USMCA agreement of 2018. This Nutshell introduces students, lawyers, government officials and business persons to the law and economics of North American free trade. It first examines the origins, operation and impact of NAFTA 1994. The changes made by the USMCA agreement of 2018, and their implications for business, are explored in detail. In preparing this Nutshell, we have attempted to address the interests not only of North Americans, but also persons located outside the region who are concerned about the externalities of North American free trade, intellectual property and foreign investment law.

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  International business transactions in a nutshell

  Ralph H. Folsom, Michael P. Van Alstine, and Michael D. Ramsey

  This work examines the law and practices relevant to the principal forms of international business and commercial transactions. It includes chapters on negotiating business transactions; the law governing international sales of goods; structuring international sales transactions; the function and substance of international commercial terms; the law governing the international transportation of goods; financing international business transactions, especially through letters of credit; electronic transactions and the protection of data privacy; technology transfers; the initiation, operation, and termination of, as well as the limitations imposed on, foreign investments; property takings, including the options for protecting against and remedies for such actions; the extraterritorial regulation of international business; anti-corruption law; and the resolution of international disputes, whether through litigation in domestic court or through international arbitration.

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  Mastering art law

  Herbert I. Lazerow

  This book tracks all published art law casebooks. It begins by asking what art is, and why there should be special rules for it. There follows a section on the rights and responsibilities of artists and collectors in areas such as freedom of expression, defamation, the right of publicity, the rights of privacy, copyright, trademark, moral rights, resale royalties, and the tax consequences of common art-related transactions. The book then treats commercial dealings in art, such as problems of authentication or ownership of the work, and commercial relationships between artists, collectors, dealers, auction houses and financiers of the art world. It deals with the law governing the organization and operation of museums, including employment law. The international treatment of art is discussed in terms of special rules for art in times of hostilities and occupation, as well as peacetime law governing the movement of art or artifacts across national boundaries, and national control of its artistic patrimony. A series of chapters detail the law on preservation of U.S. artistic heritage, such as historic preservation law, the ownership of artifacts found on land or under water, and special rules applicable to Native American remains and artifacts. The book concludes with a discussion of rules of international litigation frequently encountered in art law controversies, such as jurisdiction, foreign sovereign immunity, act of state, forum non conveniens, choice of law, enforcing foreign law, and proving foreign law--

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  California White Collar Crime and Business Litigation

  Thomas A. Papageorge and Robert C. Fellmeth

  This comprehensive reference is on the desks of many of the state's most respected criminal and civil practitioners. No other single volume covers all forms of substantive economic crimes and civil offenses and the procedural issues important in California business law:

  • Complex Theft and Embezzlement
  • Antitrust and unfair Competition
  • Consumer Fraud and Unfair Trade Practices
  • Securities Offenses
  • Business & Investment Opportunities
  • Real Estate, Construction, and Predatory Lending
  • High Technology Crime
  • Commercial Bribery and Unlawful Rebates
  • Tax Law Violations
  • Environmental, Health & Regulatory Violations
  • Political Crimes and Racketeering
  • Corporation/Officer Liability
  • Search Warrants, Administrative Subpoenas, the Grand Jury, Undercover Investigations, and many other procedural issues

  Completely updated, with 1,108 pages plus an extensive index. Expanded or new sections address California antitrust and Unfair Competition Law developments, changes in consumer standing and remedies, new high technology crimes, evolving ID theft issues, real estate fraud, including recent predatory lending and related fraud schemes, new political/election law doctrines, and many others.

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  Criminality and the Common Law Imagination in the 18th and 19th Centuries

  Erin Sheley

  By accessing penal history through the mediator of individual memory authors can be seen to depict the cumulative dialogue between the English common law and its cultural representations across historical time. Offering legal readings of works by authors including Thomas Hardy, Charles Brockden Brown, Charles Dickens, Samuel Richardson, George MacDonald, Charles Kingsley, Alfred Tennyson, Charlotte Brontë, Robert Browning, Henry Fielding and Sir Walter Scott; this book explores this literary phenomenon and its legal significance during the eighteenth and nineteenth centuries. In doing so it argues that the importance of precedent in Anglo-American common law creates a unique discourse of historical legitimacy that shapes both the cultural and official conceptions of criminality itself during this period. Within a Foucauldian framework, the book illustrates how the cultural memory of crime and punishment contribute to the development of formal and informal penal institutions.

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  California Evidence Code with Objections

  Allen C. Snyder, David A. Sonenshein, and Anthony J. Bocchino

  Ah, the keen discomfort of being caught without a comeback. We’ve all been there—and experienced, too, the other side of it: coming up with the perfect retort hours after it doesn’t matter anymore. The French call it l’espirit de l’escalier—but here at NITA, we call it with California Evidence Code with Objections, Fifth Edition.

  When you’re in court, stakes are too high for you to fumble for words. California Evidence Code with Objections is there to help. Seasoned advocates Allen Snyder, David Sonenshein, and Anthony Bocchino break down, in alphabetical order, every topic of inadmissible evidence (such as Argumentative, Hearsay, Privileged, among many others) and offer the perfect objection, along with the response, cross-reference to the Code, and explanation to back it up. This pocket-sized book, reflecting changes through December 2019, lets you instantly consult the relevant California rule, find appropriate objections and responses during trial, and gain insight from practice tips and legal interpretations.

  So that when opposing counsel asks your witness, “Where were you the night of December 19, and what exactly were you doing?” you say, “Objection, Your Honor. Compound question.” Pick up California Evidence Code with Objections and never again be at a loss for words.

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  Remedies, A Contemporary Approach

  Russell Weaver, David Partlett, Michael Kelly, and W. Jonathan Cardi

  This state-of the-art casebook is both easy and fun to use. It is designed to give you the basis for an enjoyable, comprehensive learning experience for your students, providing you with the sort of piquing materials that should prompt interested and insightful classroom discussion. The focus here is on teachability, rather than encyclopedic coverage of the field. Classic Supreme Court opinions are included, as well as numerous problem-style hypotheticals that are based on the facts of cutting-edge lower court rulings. The casebook also uses text boxes inside the judicial opinions to pose questions for class discussion, provide practice pointers, and share useful links to information about the history and impact of the decisions. This mixed presentation of traditional doctrines and debates about current legal issues allows your students to hone their analytical skills, as they learn to construct the arguments for today’s remedies cases.

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  The Palgrave Handbook of Applied Ethics and the Criminal Law

  Larry Alexander and Kimberly Kessler Ferzan

  This handbook consists of essays on contemporary issues in criminal law and their theoretical underpinnings. Some of the essays deal with the relationship between morality and criminalization. Others deal with criminalization in the context of specific crimes such as fraud, blackmail, and revenge pornography. The contributors also address questions of responsible agency such as the effects of addiction or insanity, and some deal with punishment, its mode and severity, and the justness of the state’s imposition of it. These chapters are authored by some of the most distinguished scholars in the fields of applied ethics, criminal law, and jurisprudence.

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  Foreign investment law including investor-state arbitrations in a nutshell

  Ralph H. Folsom

  Foreign investment is commonplace around the globe. Inbound and outbound foreign investment flows are massive as home country investors merge or acquire existing businesses or establish new companies in host countries. Investors purchase stocks and bonds on foreign exchanges, and sometimes foreign sovereign debt. The sums involved are staggering. Unlike international trade law governed significantly by the World Trade Organization, no uniform body of foreign investment law exists. Hence foreign investment law is predominantly national in character and varies considerably. Foreign Investment Law including Investor-State Arbitrations in a Nutshell reviews the law, practice, regulation and dispute settlement of foreign investment. Following the Nutshell tradition, citations are minimized creating a book that reads easily. Students, academics, lawyers, government officials and people in business will find it useful. After introducing entry and operational control patterns found primarily in the developing world, notably expropriation, this Nutshell focuses on investing in China, Europe and North America as case studies. It also explores the multitude of foreign investment treaties (BITs) and the dynamic investment law of NAFTA 1994 and its USMCA 2018 successor. Controversial, specific foreign investor-host state arbitration awards and systems are closely examined.--Publisher website.

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  Principles of free trade agreements, from GATT 1947 through NAFTA Re-Negotiated 2018

  Ralph H. Folsom

  Free trade agreements (FTAs) have dominated global trade for over a decade. This dominance is likely to continue for many years on every continent. Already, more than half of all international trade takes place under FTAs. Principles of Free Trade Agreements, from GATT 1947 through NAFTA Re-Negotiated 2018 examines the origins of free trade agreements (FTAs) and customs unions (CUs) in Article 24 of the GATT 1947 agreement. Article 24 permits but attempts to regulate their creation, an effort that failed early on. A sleeping giant for decades, FTAs were re-awakened by the path-breaking Canada-U.S. FTA of 1989. In 1994, NAFTA triggered an onslaught of hundreds of FTAs around the globe, overwhelming the impact of the establishment of the World Trade Organization in 1995. The coverage, trade rules and trade remedies of the world's FTAs are remarkably and complexly diverse. Perhaps surprisingly, the hostility of President Trump to multilateral trade agreements like TPP-12, the WTO, the EU and NAFTA 1994, caused the number of FTAs to increase. America's trade partners and competitors rushed to secure trade deals not involving the USA. TPP-11, the Japan-EU FTA, the expanded Mexico-EU FTA, and the China-driven RCEP provide excellent examples. Meanwhile, despite being characterized by President Trump as the worst trade deal ever, the United States, Canada and Mexico completed re-negotiation of NAFTA in 2018. All of this, and more, is covered in this book. Designed for students, lawyers, government officials and people in business, the author addresses the interests not only of Americans, but also those located outside the USA who are concerned about the law and economics of free trade agreements. Active links for the e-book and downloadable versions of this Concise Hornbook are provided throughout.--Publisher website.

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  Principles of international litigation and arbitration

  Ralph H. Folsom

  Principles of International Litigation and Arbitration, 2d is part of West Academic Publishing's Concise Hornbook series. Its coverage commences with international dispute settlement Alternatives and Fundamentals, including Choice of Law, Choice of Forum and Forum Non Conveniens issues. Chapters 3 and 4 focus on International Commercial Arbitration and Foreign Investment Arbitration. International Business Litigation is examined in five chapters: Jurisdiction, Procedure, Sovereign Defenses, Enforcement of Judgments and the EU Litigation System. Chapter 10 finishes with Intergovernmental Trade Dispute Settlement. Principles of International Litigation and Arbitration, 2d contains considerable depth, analysis, citations and related documents. It can be used in connection with any international dispute settlement course book. Principles can also be used independently as an inexpensive course book, notably in conjunction with the legal documents appended at the end of its chapters.--publisher website.

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  International Business Transactions: A Problem-Oriented Coursebook

  Ralph H. Folsom, Michael P. Van Alstine, Michael D. Ramsey, and Matthew P. Schaefer

  The 13th Edition of this popular problem-oriented coursebook introduces law students to the conduct of business in the world community. Problems on international contracting, financing, regulation of imports and exports, licensing and technology transfers, foreign investment, and international business dispute resolution are included. The book provides current in-depth examination of issues business clients are likely to face, such as contracting for sales across borders, financing international transactions, defending against import competition, expanding exports and overseas markets, investing abroad and dealing with NAFTA/USMCA, the WTO, and other trade agreements. The coursebook is designed to survey a wide range of laws involving trade, licensing and investment and to explore how issues and problems are addressed by lawyers as problem solvers.

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  Birth Rights and Wrongs: How Medicine and Technology Are Remaking Reproduction and the Law

  Dov Fox

  This book lifts the curtain on reproductive negligence, gives voice to the lives it upends, and vindicates the interests that advances in medicine and technology bring to full expression. It charts the legal universe of errors that: deprive pregnancy or parenthood of people who set out to pursue them; impose pregnancy or parenthood on those who tried to avoid these roles; or confound efforts to have a child with or without certain genetic traits.

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  Understanding negotiable instruments and payment systems

  William H. Lawrence

  [This book provides an overview] of the subject matter covered by Articles 3, 4 & 4A of the Uniform Commercial Code and by relevant provisions of the Truth in Lending Act, and Fair Credit Billing Act, the Electronic Fund Transfer Act, and Regulations E, J, Z, and CC. A primary focus is directed toward the law of negotiable instruments and of bank deposits and collections. The author also address the existing legal regimes that govern payments made in all forms, including checks and other drafts, cash, credit card, automated clearinghouses, automated teller machines, debit cards, and wholesale fund transfer. Areas of coverage added to the second edition of the book includec hanges to the prior promulgation of Articles 3 and 4

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  Developing judgment about practicing law

  David McGowan

  The third edition retains its focus on contextual judgment and problem-solving. Drawing on input from both clients and lawyers, it helps students spot risky situations, avoid risk if possible, or extricate themselves from trouble if necessary. The third edition tracks changes in the law regarding discrimination and harassment, judicial ethics, and control of privilege in corporate transactions. It refines coverage of practical topics such as common interest agreements, advance waivers, client and lawyer use of social media, and flat-fee retainers.

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  Employment Law

  Mark A. Rothstein, Charles B. Craver, L. Camille Hebert, Orly Lobel, S. Elizabeth Malloy, Marcia L. McCormick, and Sandra F. Sperino

  Designed for use with any casebook, the Sixth Edition has been expanded and updated, including such new topics as whether just-in-time workers (e.g., Uber drivers) are employees or independent contractors, along with expert coverage of anti-discrimination laws, wage and hour law, ERISA, privacy in employment, OSHA, workers’ compensation, restrictive covenants, wrongful discharge, unemployment compensation, and pensions.

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  Reflections on Crime and Culpability: Problems and Puzzles

  Larry Alexander and Kimberly Kessler Ferzan

  In 2009 Larry Alexander and Kimberly Ferzan published Crime and Culpability: A Theory of Criminal Law. The book set out a theory that those who deserve punishment should receive punishment commensurate with, but no greater than, that which they deserve. Reflections on Crime and Culpability: Problems and Puzzles expands on their innovative ideas on the application of punishment in criminal law. Theorists working in criminal law theory presuppose or ignore puzzles that lurk beneath the surface. Now those who wish to examine these topics will have one monograph that combines the disparate puzzles in criminal law through a unified approach to culpability. Along with some suggestions as to how they might resolve the puzzles, Alexander and Ferzan lay out the arguments and analysis so future scholars can engage with questions about our understanding of culpability that very few have addressed.

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  Learning Professional Responsibility: From the Classroom to the Practice of Law

  Leah Christensen and Brooks Holland

  Learning Professional Responsibility engages students by offering colorful, real-life examples of how the Professional Responsibility rules guide and regulate lawyers in the everyday practice of law. This textbook deconstructs the ethics rules and bypasses long case-law narratives in favor of clear examples and illustrations drawing on ethics opinions, current events and lawyer news, online commentary, and court decisions. This second edition further highlights cutting-edge issues in professional responsibility, including topics such as the scope of representation, the duty of candor, conflicts, and the duty to protect client confidences in electronic formats.