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California Criminal Litigation in Action
Laura Berend and Jean Ramirez
The third edition of California Criminal Litigation in Action tracks a criminal case from arrest through sentencing. Students learn about criminal litigation by participating in simulation exercises at various stages of the case. For example, students participate in bail review hearings, preliminary hearings, grand jury proceedings, motion hearings, the exchange of discovery, plea negotiations, and sentencing hearings. The book also includes drafting exercises (motions and sentencing memoranda) as well as fact-management/fact-development exercises (evidence marshaling, interviewing, and counseling).
This book is vital to students and others planning a career in California criminal litigation. It ambitiously strives to create practice-ready law students and new attorneys. While the book is explicitly focused on criminal litigation in the California trial courts, it is readily adaptable for use in other jurisdictions. Instructors will find the teaching materials to be both comprehensive and easy to incorporate.
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Rights: Concepts and Contexts
Brian Bix and Horacio Spector
Rights: Concepts and Contexts contains the central works of recent scholarship on the nature of rights, with contributions by some of the most prominent contemporary theorists in moral, legal, and political philosophy, including Joseph Raz, Robert Alexy, Jeremy Waldron, Morton Horwitz, Stephen Darwall, Margaret Gilbert, David Lyons, and Aharon Barak. With approaches ranging from the political to the historical, and from the analytical to the critical, this collection touches on the major conceptual and practical questions of this important field: what is the nature and grounding of human rights? How should conflicts of rights best be analyzed? Are rights best understood in terms of choice, benefits, or some hybrid of the two? What are the connections between rights and duties, and between rights and justice? The collection also offers useful introductions to emerging issues in rights theory such as the purported bipolarity of rights.
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Foreign Investment Law 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 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 law of NAFTA on foreign investment. The controversial foreign investor-host state arbitration systems for disputes established under BITs and NAFTA are closely examined.
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International business transactions: a problem-oriented coursebook
Ralph H. Folsom, Michael W. Gordon, Michael P. Van Alstine, and Michael D. Ramsey
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Understanding secured transactions
William H. Lawrence, William H. Henning, and R. Wilson Freyermuth
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Understanding civil procedure
Walter W. Heiser, Gene R. Shreve, Peter Raven-Hansen, and Charles Gardner Geyh
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Talent Wants to Be Free: Why We Should Learn to Love Leaks, Raids, and Free Riding
Orly Lobel
This timely book challenges conventional business wisdom about competition, secrecy, motivation, and creativity. Orly Lobel, an internationally acclaimed expert in the law and economics of human capital, warns that a set of counterproductive mentalities are stifling innovation in many regions and companies. Lobel asks how innovators, entrepreneurs, research teams, and every one of us who experiences the occasional spark of creativity can triumph in today's innovation ecosystems. In every industry and every market, battles to recruit, retain, train, energize, and motivate the best people are fierce. From Facebook to Google, Coca-Cola to Intel, JetBlue to Mattel, Lobel uncovers specific factors that produce winners or losers in the talent wars. Combining original behavioral experiments with sharp observations of contemporary battles over ideas, secrets, and skill, Lobel identifies motivation, relationships, and mobility as the most important ingredients for successful innovation. Yet many companies embrace a control mentality--relying more on patents, copyright, branding, espionage, and aggressive restrictions of their own talent and secrets than on creative energies that are waiting to be unleashed. Lobel presents a set of positive changes in corporate strategies, industry norms, regional policies, and national laws that will help talent flow, creativity, and growth. This vital and exciting book reveals why everyone wins when talent is set free. In 2016, Lobel was invited to the White House to present the ideas of Talent Wants to be Free. As a result of that meeting, President Obama issued a Call-for-Action to rethink the dynamics of the talent wars. This is an essential read for anyone interested in leadership, markets, competition, entrepreneurship, creativity and innovation.
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Originalism and the Good Constitution
John O. McGinnis and Michael Rappaport
Originalism holds that the U.S. Constitution should be interpreted according to its meaning at the time it was enacted. In their innovative defense of originalism, John McGinnis and Michael Rappaport maintain that the text of the Constitution should be adhered to by the Supreme Court because it was enacted by supermajorities—both its original enactment under Article VII and subsequent Amendments under Article V. A text approved by supermajorities has special value in a democracy because it has unusually wide support and thus tends to maximize the welfare of the greatest number.
The authors recognize and respond to many possible objections. Does originalism perpetuate the dead hand of the past? How can following the original meaning be justified, given that African Americans and women were excluded from the enactment of the Constitution in 1787 and many of its subsequent Amendments? What is originalism’s place in interpretation of the Constitution, when after two hundred years there is so much non-originalist precedent?
A fascinating counterfactual they pose is this: had the Supreme Court not interpreted the Constitution so freely, perhaps the nation would have resorted to the Article V amendment process more often and with greater effect. Their book will be an important contribution to the literature on originalism, which is now the most prominent theory of constitutional interpretation.
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"One L of a Year": How to Maximize Your Success in Law School
Leah Christensen
Many books give law students advice about how to navigate through their first year of law school. This book strives to be something different. The purpose of "One L of a Year" is to focus on the reading, studying and testing strategies used by the most successful law students. This book is more than advice―it is a learning guide based upon empirical research and statistical correlations between law student learning and their law school GPAs.
Most importantly, this book attempts to show you what high-ranking law students have done to achieve success during their first year. It's one thing to read about how to take a law school essay exam―it's quite another thing to see examples of student essays, outlines, legal memoranda, and multiple choice questions. With drive and determination, most students can get through law school. However, "One L of a Year" gives you the research-based skills to maximize your own success.
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Law's Evolution and Human Understanding
Laurence Claus
When should we follow the law? How can we know what law's words mean? What is law? Law's Evolution and Human Understanding presents fresh and surprising answers to these questions. In an account alive with the stories of our shared human history, Laurence Claus explains why we should discard the old idea that legal rules tell us what to do, and instead see law as a system of sayings that evolves among humans to help us better understand each other. When driving on public roads, when buying and selling, and in countless other aspects of our work and play, we depend on law to let us know what other people are likely to do and to expect of us. Through fast-paced pages of anecdote and argument, Law's Evolution and Human Understanding explains the revolutionary consequences of seeing law as truly what Oliver Wendell Holmes called it: systematized prediction. The book reveals how this vision of law can transform our thinking about the way we make moral decisions, about the way we read law, and about many other ways that law affects our lives.
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International trade and economic relations in a nutshell
Ralph H. Folsom, Michael W. Gordon, John A. Spanogle, and Michael P. Van Alstine
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The Law of Discrimination: Cases and Perspective
Roy L. Brooks, Gilbert Paul Carrasco, and Michael Selmi
This casebook introduces students to discrimination cases and doctrine in the United States. Authors Brooks (U. of San Diego School of Law), Carrasco (Willamette U.), and Selmi (George Washington U. School of Law) have sought to include a diversity of perspectives that underpin or challenge the canon. The material covers discrimination based on race, of course, but also includes coverage of protection for women, language minorities, older workers, and the disabled, as well as consideration of issues connected to affirmative action policies. In addition to the above, chapters also discuss constitutional tort cases and discrimination in education, public accommodations, housing, employment, and the administration of justice.
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Learning Outside the Box: A Handbook for Law Students Who Learn Differently
Leah Christensen
More law students than ever before come to law school having been diagnosed with a learning disability. The purpose of this book is to provide research-based learning strategies for law students who learn differently. If you are a student who has been diagnosed with a learning disability or if you simply have a unique learning style, you may need to outline differently, read cases differently, and approach law school in a more active, engaged, and efficient manner. This book offers learning strategies grounded in empirical research to help law students who learn differently maximize their academic success.
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Child Rights & Remedies
Robert C. Fellmeth
Child Rights and Remedies provides a comprehensive examination of how United States law and policy affects the lives and futures of children. This law school text covers a broad spectrum of major cases, statutes, and relevant empirical evidence that illustrate how children are faring in light of how our legal and political systems function. Uniquely among juvenile law texts, Child Rights and Remedies begins by delving into the underlying political context of available remedies for children, highlighting the special status of children – a status that does not always work to their advantage, particularly vis a vis special interests with far greater access to and influence over all branches of government. Within this context, the text explores the barriers to developing policy favorable to children with regard to poverty, education, health, special needs, child care, child abuse, juvenile delinquency, reproductive rights, custody and civil liberties. This updated edition also explores the timely issue of immigration and the rights of children, a politically charged area of law and policy deeply impacting vast numbers of children. In addition to the almost 200 legal references that cover major federal and influential state court decisions, the text contains probing questions and commentary designed to challenge the reader to consider diverse points of view and construct compelling legal arguments. Broad analysis of constitutional law and civil procedure complements the child-specific content, making Child Rights and Remedies a valuable tool for any student of the law. For those concerned about the well-being of children in this country and beyond, this text is an essential guide for powerfully advocating for their rights and representing their interests.
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International Law in the U.S. Supreme Court
David L. Sloss, Michael D. Ramsey, and William S. Dodge
From its earliest decisions in the 1790s, the U.S. Supreme Court has used international law to help resolve major legal controversies. This book presents a comprehensive account of the Supreme Court's use of international law from the Court's inception to the present day. Addressing treaties, the direct application of customary international law, and the use of international law as an interpretive tool, the book examines all the cases or lines of cases in which international law has played a material role, showing how the Court's treatment of international law both changed and remained consistent over the period. Although there was substantial continuity in the Supreme Court's international law doctrine through the end of the nineteenth century, the past century was a time of tremendous doctrinal change. Few aspects of the Court's international law doctrine remain the same in the twenty-first century as they were two hundred years ago.
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The disenchantment of secular discourse
Steven D. Smith
Prominent observers complain that public discourse in America is shallow and unedifying -- This debased conditions often attributed to, among other things, the resurgence of religion in public life. Steven D. Smith argues that this diagnosis has the matter backwards: it is not primarily religion but rather the strictures of secular rationalism that have drained our modern discourse of force and authenticity. Thus Rawlsian public reason filters appeals to religion or other comprehensive doctrines out of public deliberation. But these restrictions have the effect of excluding our deepest normative commitments, virtually assuring that the discourse will be shallow. Furthermore, because we cannot defend our normative positions without resorting to convictions that secular discourse deems inadmissible, we are frequently forced to smuggle in those convictions under the guise of benign notions such as freedom and equality. Smith suggests that this sort of smuggling is pervasive in modern secular discourse. He shows this by considering a series of controversial, contemporary issues, including the Supreme Court's assisted-suicide decisions, the harm principle, separation of church and state, and freedom of conscience. He concludes by suggesting that it is possible and desirable to free public discourse of the constraints associated with secularism and public reason.
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Crime and Culpability: A Theory of Criminal Law
Larry Alexander, Kimberly Kessler Ferzan, and Stephen J. Morse
This book presents a comprehensive overview of what the criminal law would look like if organized around the principle that those who deserve punishment should receive punishment commensurate with, but no greater than, that which they deserve. Larry Alexander and Kimberly Kessler Ferzan argue that desert is a function of the actor's culpability and that culpability is a function of the risks of harm to protected interests that the actor believes he is imposing and his reasons for acting in the face of those risks. The authors deny that resultant harms, as well as unperceived risks, affect the actor's desert. They thus reject punishment for inadvertent negligence as well as for intentions or preparatory acts that are not risky. Alexander and Ferzan discuss the reasons for imposing risks that negate or mitigate culpability, the individuation of crimes, and omissions. They conclude with a discussion of rules versus standards in criminal law and offer a description of the shape of criminal law in the event that the authors' conceptualization is put into practice
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Racial Justice in the Age of Obama
Roy L. Brooks
With the election of Barack Obama as the first black president of the United States, the issue of racial justice in America occupies center stage. Have black Americans finally achieved racial justice? Is government intervention no longer required? Racial Justice in the Age of Obama considers contemporary civil rights questions and theories, and offers fresh insights and effective remedies for race issues in America today. While there are now unprecedented opportunities for talented African Americans, Roy Brooks shows that lingering deficiencies remain within the black community. Exploring solut
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