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  California School Law

  Margaret Dalton and Dean T. Adams

  California School Law provides an accessible, comprehensive source for the latest law and policy in this rapidly changing and critical field. Earlier editions of the book, authored by Frank Kemerer and Peter Sansom, have become coveted desktop references for administrators, governing board members, education attorneys, union leaders, and policymakers. In this updated and expanded fourth edition, Dean T. Adams and Margaret A. Dalton bring this analysis up to the present, including examining California's often unique state law as well as applicable federal law, and exploring how they combine to affect the day-to-day operation of the state's traditional public, charter, and private schools.

  Beginning with an explanation of the legal framework for California schooling, the book moves quickly to examine important areas of law including curriculum, teacher and student rights of expression, religion in the public school setting, racial and gender discrimination, students with disabilities, student discipline, privacy, search and seizure, and legal liability in both state and federal court. Also included are chapters on unions and collective bargaining, employment, and educational finance issues.

  Law never stands still and is proceeding at a record pace in education. This book is an invaluable tool for readers who wish to obtain a working knowledge of this extensive area of education law.

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  Sentencing Discretion and the Constitution: Due Process of Time

  Donald A. Dripps

  The U.S. Supreme Court maintains that prosecutorial discretion to charge different offenses authorized by the penal code is practically limited only by the penal code itself. Because typical offense conduct violates multiple statutes carrying different maximum—and minimum—sentences, by choosing the charge, the prosecution commonly also chooses the sentence. The Court, however, holds that when judges exercise sentencing discretion, due process requires impeccable neutrality and adversary hearings.

  Sentencing Discretion and the Constitution: Due Process of Time addresses the fundamental incompatibility of the U.S. Supreme Court's approach to the sentencing power of judges as compared to prosecutors. The Court says that when prosecutors induce a guilty plea by filing lesser charges than the code allows, the defendant is getting a break rather than being strong-armed. This doctrinal fiction persists because neither dissenting justices nor academic critics have yet justified a baseline by which the infliction of years—or even decades—in prison for refusing to plead guilty or to provide information, should be treated as a coercive threat rather than an offer permitted in the "give and take" of plea bargaining. In theory, the charges filed should be proportional to culpability, not the most severe the code permits. This raises another hard problem: theorists have not to date advanced a persuasive account of proportionate punishment.

  Unlike prior works, Sentencing Discretion and the Constitution exposes the connections between these problems and proposes a unified solution. The right against excessive punishment, like the right against erroneous conviction, is best understood as a right to procedural justice. More broadly, curtailing prosecutorial sentencing is an essential step toward curtailing mass incarceration—a problem that otherwise is more likely to get worse than better.

  This book will be of interest to readers concerned with plea bargaining, sentencing, constitutional law, legal history, and criminal law theory.

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  Trademarks and Free Speech: Conflicts and Resolutions

  Lisa P. Ramsey

  This book explores how trademark laws can conflict with the right to freedom of expression and proposes a framework for evaluating free speech challenges to trademark registration and enforcement laws. It also explains why granting trademark rights in informational terms, political messages, widely used phrases, decorative product features, and other language and designs with substantial pre-existing communicative value can harm free expression and fair competition. Lisa P. Ramsey encourages governments to not register or protect broad trademark rights in these types of inherently valuable expression. She also recommends that trademark statutes explicitly allow certain informational, expressive, and decorative fair uses of another's trademark, and proposes other speech-protective and pro-competitive reforms of trademark law for consideration by legislatures, courts, and trademark offices in the United States, Europe, and other countries.

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  Wrongful Convictions: Cases and Materials

  Justin Brooks

  Wrongful Convictions: Cases and Materials is the first legal textbook to explore the complex and fascinating legal and scientific issues involved in wrongful convictions and the exoneration of the innocent. This exciting area of the law is developing at a rapid pace as we learn more about the causes of wrongful conviction with each exoneration. The book is designed to teach about procedure related to the cases, as well as give a broad overview of the causes of wrongful convictions including false eyewitness testimony, false confessions, ineffective assistance of counsel, police and prosecutorial misconduct, and false forensic evidence. In this fourth edition, there have been significant updates to the cases from the previous edition, including an additional chapter on wrongful conviction civil suits.

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  Criminal Law and Procedure, Cases and Materials

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

  The 15th 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 new cases from the Supreme Court, including City of Grants Pass, Oregon v. Johnson, 144 S.Ct. 2202 (2024) (rejecting an Eighth Amendment challenge to an ordinance prohibiting sleeping in public), Ruan v. United States, 597 U.S. 450 (2022) (requiring proof of scienter to convict a doctor of felony drug trafficking), and Ramos v. Louisiana, 590 U.S. 83 (2020) (holding that the Fourteenth Amendment incorporates not just the Sixth Amendment right to jury trial, but also the requirement that the jury be unanimous to convict), together with a much-condensed presentation of Dobbs v. Jackson Women's Health Organization, 597 U.S. 215 (2022) (Roe is overruled; what now about Lawrence?);
  • Important new lower courts cases on the void-for-vagueness doctrine, the Second Amendment, homicide, and insanity;
  • An update to the causation section;
  • The addition, to Chapter 11, of a brief new Section 6 on Executive Clemency;
  • A focus on cases that reflect topical issues, including homelessness, gun rights, reproductive rights, drug sales causing death, and parental liability for mass shootings by their minor children;
  • A pervasive effort to condense material, either by cutting some material from cases as they appeared in the Fourteenth Edition, or substituting newer and shorter cases for older and longer ones.

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  The Conscience of Care: Navigating Health in the Culture Wars

  Dov Fox

  Amid historic restrictions on abortion, puberty blockers, and assisted suicide, a health-law expert exposes America’s broken system of medical conscience, which shields clinicians who refuse evidence-based care yet offers no protections to those who provide prohibited treatment.

  Pitched battles over abortion, puberty blockers, and assisted suicide have turned American healthcare into a legal minefield. Faced with mounting restrictions on medical practice, doctors and nurses who follow their conscience to provide standard treatments risk being fined, fired, or even imprisoned, while clinicians who conscientiously deny evidence-based care are shielded without condition from any such consequences. Dov Fox argues that by ceding the moral vocabulary of conscience to refusers alone, the lopsided law of medical conscience selectively burdens providers, drives vulnerable patients underground, and impoverishes the dynamic pluralism of medicine.

  The Conscience of Care lays bare the broken system of medical conscience and sets out to fix it. Fox canvases a landscape of contested services that include IVF, IUDs, opioids, psychedelics, organ transplants, and advance directives. He develops practical reforms that rebalance conscience protection by introducing measured safeguards for providers and scaling back the categorical refuge afforded to refusers. The Conscience of Care articulates a bold vision of medicine that reclaims the lost promise of conscience to bridge social divides on matters of life and death, impairment and identity.

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  You Might Go to Prison, Even Though You’re Innocent

  Justin Brooks

  Justin Brooks has spent his career freeing innocent people from prison. With You Might Go to Prison, Even Though You're Innocent, he offers up-close accounts of the cases he has fought, embedding them within a larger landscape of innocence claims and robust research on what we know about the causes of wrongful convictions.

  Putting readers at the defense table, this book forces us to consider how any of us might be swept up in the system, whether we hired a bad lawyer, bear a slight resemblance to someone else in the world, or are not good with awkward silence. The stories of Brooks's cases and clients paint the picture of a broken justice system, one where innocence is no protection from incarceration or even the death penalty. Simultaneously relatable and disturbing, You Might Go to Prison, Even Though You're Innocent is essential reading for anyone who wants to better understand how injustice is served by our system.

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  International Business Negotiations in a Nutshell

  Ralph Folsom and Herbert I. Lazerow

  International Business Negotiations in a Nutshell is designed for legal, business, and international studies. It first explains why international business negotiations are strikingly different from domestic negotiations. This Nutshell introduces the basics of negotiating international business transactions, then moves to specific negotiations of international sales agreements, letters of credit, foreign sales agents and distributors, international franchise agreements, international technology transfer agreements, foreign investment agreements, fundamentals and negotiation of international dispute settlement, negotiating choice of forum and choice of law clauses, and finally negotiating exit clauses in international business agreements.

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  Corporate Income Tax Accounting

  Christopher H. Hanna, Paul H. Yong, and Mark P. Thomas

  Accounting for income taxes has become a critically important issue for both financial accounting and income taxation purposes in recent years. However, there is nothing new about the need to account for income taxes for purposes of presenting, or to opine upon, the financial accounts of corporations or other business entities. The process of accounting for tax matters has been a traditional aspect of the responsibilities of finance and taxation officers of business entities, particularly publicly traded corporations, for many years.

  The nature of the process has long been familiar. In essence, there are a number of parties in this process: (i) business entities, (ii) tax administrations, (iii) financial accounting standards organizations, (iv) auditors of the business entities, and (v) tax strategists seeking to achieve overall tax/finance results for business entities. Each party has its own interests.

  The purpose of this text is to discuss and explain the pertinent elements of the intersection of financial accounting and taxation. The goal is to: (i) articulate the reality of financial accounting and tax compliance in light of the new landscape entities face on such matters today; and (ii) set out a means by which entities can structure their tax planning and financial reporting in a manner to efficiently meet all applicable requirements. Key differentiators in the text are liberal use of numerical examples, excerpts from companies’ financial statements, and opinions on murky issues due to the complex and dynamic interdependence of financial accounting and income tax principles.

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  Mastering International Sales Law

  Herbert I. Lazerow

  This book is designed for the law student studying international sales contracts and for the many lawyers who want a quick introduction to the area. The field is of growing importance. In 1960 and 1970, the sum of U.S. imports and exports of goods constituted 6% and 8% of U.S. gross domestic product. In 1980 and 1990, that percentage rose to 17% and 15%. In the last three decades, the ratio of the value of imports plus exports to gross domestic product has hovered around 20%.

  The principal focus is on the United Nations Convention on Contracts for the International Sale of Goods. The number of countries adhering to CISG now stands at 95. It includes all top seven trading countries (China, United States, Germany, Netherlands, Japan, Hong Kong and France) measured in total imports and exports. In addition to analyzing CISG, the book provides an introduction to two other topics of importance to international sales contracts: letters of credit and the U.S. income tax consequences of international sales.

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  The disintegrating conscience and the decline of modernity

  Steven Douglas Smith

  Steven D. Smith’s books are always anticipated with great interest by scholars, jurists, and citizens who see his work on foundational questions surrounding law and religion as shaping the debate in profound ways. Now, in The Disintegrating Conscience and the Decline of Modernity, Smith takes as his starting point Jacques Barzun’s provocative assertion that “the modern era” is coming to an end. Smith considers the question of decline by focusing on a single theme—conscience—that has been central to much of what has happened in Western politics, law, and religion over the past half-millennium. Rather than attempting to follow that theme step-by-step through five hundred years, the book adopts an episodic and dramatic approach by focusing on three main figures and particularly portentous episodes: first, Thomas More’s execution for his conscientious refusal to take an oath mandated by Henry VIII; second, James Madison’s contribution to Virginia law in removing the proposed requirement of religious toleration in favor of freedom of conscience; and, third, William Brennan’s pledge to separate his religious faith from his performance as a Supreme Court justice. These three episodes, Smith suggests, reflect in microcosm decisive turning points at which Western civilization changed from what it had been in premodern times to what it is today. A commitment to conscience, Smith argues, has been a central and in some ways defining feature of modern Western civilization, and yet in a crucial sense conscience in the time of Brennan and today has come to mean almost the opposite of what it meant to Thomas More. By scrutinizing these men and episodes, the book seeks to illuminate subtle but transformative changes in the commitment to conscience—changes that helped to bring Thomas More’s world to an end and that may also be contributing to the disintegration of (per Barzun) “the modern era.”

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  Universal basic income: What everyone needs to know

  Matt Zwolinski and Miranda Perry Fleischer

  The motivating idea of a Universal Basic Income (UBI) is radically simple: give people cash and let them do whatever they want with it. But does this simple idea have the potential to radically transform our society? Is a UBI the ultimate solution to the problem of poverty? Is it the solution to automation-induced unemployment? Can it help solve gender and racial inequality?
  
  This book provides the average citizen with all the information they need to understand current debates about the UBI. It recounts the history of the idea, from its origins in the writings of 18th century radical intellectuals to contemporary discussions centered on unemployment caused by technological advances such as artificial intelligence. It discusses current pilot programs in the United States and around the world, including how much (or little) we can learn from such experiments about how a large-scale UBI would fare in the real world. It explores both the promises and pitfalls of a UBI, taking seriously the arguments of both supporters and detractors. It also explains why the UBI has attracted supporters from all across the ideological spectrum--from conservatives to liberals, libertarians to socialists--and what the implications of this fact are for its political future.

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  Diversity judgments : democratizing judicial legitimacy

  Roy L. Brooks

  The US Supreme Court's legitimacy-its diminishing integrity and contribution to the good of society-is being questioned today like no other time in recent memory. Criticisms reflect the perspectives of both 'insiders' (straight white males) and 'outsiders' (mainly people of color, women, and the LGBTQ community). Neither perspective digs deep enough to get at the root of the Court's legitimacy problem, which is one of process. The Court's process of decision-making is antiquated and out of sync with a society that looks and thinks nothing like the America of the eighteenth century, when the process was first implemented. The current process marginalizes many Americans who have a right to feel disenfranchised. Leading scholar of jurisprudence Roy L. Brooks demonstrates how the Court can modernize and democratize its deliberative process, to be more inclusive of the values and life experiences of Americans who are not straight white males.

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  The equality machine : harnessing digital technology for a brighter, more inclusive future

  Orly Lobel

  Much has been written about the challenges tech presents to equality and democracy. But we can either criticize big data and automation or steer it to do better. Lobel makes a compelling argument that while we cannot stop technological development, we can direct its course according to our most fundamental values. With provocative insights in every chapter, Lobel masterfully shows that digital technology frequently has a comparative advantage over humans in detecting discrimination, correcting historical exclusions, subverting long-standing stereotypes, and addressing the world’s thorniest problems: climate, poverty, injustice, literacy, accessibility, speech, health, and safety. Lobel's vivid examples—from labor markets to dating markets—provide powerful evidence for how we can harness technology for good. The book’s incisive analysis and elegant storytelling will change the debate about technology and restore human agency over our values.

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  Principles of Remedies Law

  Russell L. Weaver and Michael B. Kelly

  This book is written in a student-friendly style designed to facilitate learning and comprehension. The book contains the latest decisions from the United States Supreme Court and the lower federal and state courts.

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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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  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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  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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  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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  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