New Books

"Banks provide many different products and services, so there are myriad of ways that litigation can result. This book addresses ten of the most common areas in which banks, lenders, and other financial institutions face litigation, with one chapter dedicated to each area. Our goal with each chapter is to provide an overview of the relevant area of the law as well as practical advice on the issues that usually arise. Each chapter also includes a discussion of the strategies that practitioners usually employ when faced with a case in that area. Because each chapter essentially stands alone as a primer on litigation in a particular area, a practitioner can consult each chapter independently as issues arise. Alternatively, a "front to back" reading of this book will orient a practitioner to the issues that are most likely to arise in this area over time and will give guidance on issues to look for when counseling clients"--

From its early days in New England townships to its rise to dominance in the 20th century, plea bargaining has always presented both benefits and challenges. But how does a system obtain the benefits of these bargains without jeopardizing the fundamental rights at the center of the criminal justice system? The Cost of Plea Bargains contains the complete task force report, including the 14 Principles that have now been adopted as the official policy of the ABA. These 14 Principles, which cover a host of topics such as the use of impermissibly coercive incentives, the use of pretrial detention in plea bargaining, the provision of adequate discovery before a defendant pleads guilty, and the collection of plea bargaining data by the courts, offer a vision for a fairer, more transparent, and more just plea bargain system. In addition, readers are offered deeper insights into many of the concepts, concerns, and proposals raised in the task force's findings through chapters authored by task force members representing various corners of the criminal justice system. The Cost of Plea Bargains is an insightful read for anyone with an interest in our legal system. From the casual reader interested in learning more about plea bargaining to practitioners, courts, and policy makers interested in furthering their understanding of the challenges to reform. The Cost of Plea Bargains offers a wealth of knowledge, insight, and inspiration.

If you are considering a career in business law, seeking a new practice area, or contemplating a shift in your legal career, this new guide provides practical advice, valuable insights, and actionable strategies that you can employ to prepare for a successful and fulfilling career in business law. The guide includes personal narratives and profiles of individuals from varied practice areas who have made significant strides in business law, often against the backdrop of historical underrepresentation and adversity. Their stories offer valuable lessons for lawyers at any career stage.

This book provides aspiring and seasoned lawyers seeking independence and flexibility a comprehensive guide to launching and sustaining a successful freelance law practice. Authored by a seasoned legal freelancer, this book delves into the nuts and bolts of navigating the landscape of self-employment in the legal field. From providing an understanding of the legal freelancing landscape and outlining the initial steps of setting up a freelance practice to mastering the intricacies of client acquisition and financial management, this book serves as a roadmap for those embarking on the journey of legal entrepreneurship. Packed with practical advice, real-life case studies, and actionable tips, this book is an indispensable resource for anybody aspiring to achieve financial success and professional fulfillment as a legal freelancer.

A groundbreaking history of how the decades-long war on terror changed virtually every aspect of American life, from the erosion of citizenship down to the cars we bought and TV we watched--by an acclaimed n+1 writer "Richard Beck, like many people alive today, has spent his adult life living in the shadow of 9/11, and Homeland is a devastating inquiry into the new world that day created."--Greg Grandin, Pulitzer Prize-winning author of The End of the Myth: From the Frontier to the Border Wall in the Mind of America For twenty years after September 11, the war on terror was simultaneously everywhere and nowhere. With all of the military violence occurring overseas even as the threat of sudden mass death permeated life at home, Americans found themselves living in two worlds at the same time. In one of them, soldiers fought overseas so that nothing at home would have to change at all. In the other, life in the United States took on all kinds of unfamiliar shapes, changing people's sense of themselves, their neighbors, and the strangers they sat next to on airplanes. In Homeland, Richard Beck delivers a gripping exploration of how much the war changed life in the United States and explains why there is no going back.  Though much has been made of the damage that Donald Trump did to the American political system, Beck argues that it was the war on terror that made Trump's presidency possible, fueling and exacerbating a series of crises that all came to a head with his rise to power. Homeland brilliantly isolates and explores four key issues: the militarism that swept through American politics and culture; the racism and xenophobia that boiled over in much of the country; an economic crisis that, Beck convincingly argues, connects the endurance of the war on terror to at least the end of the Second World War; and a lack of accountability that produced our "impunity culture"--the government-wide inability or refusal to face consequences that has transformed how the U.S. government relates to the people it governs.  To see American life through the lens of Homeland's sweeping argument is to understand the roots of our current condition. In its startling analysis of how the war on terror hollowed out the very idea of citizenship in the United States, Beck gives the most compelling explanation yet offered for the ongoing disintegration of America's social, political, and cultural fabric.

Thirty-five years ago, the first edition of this Health Law casebook quite literally defined the subject of Health Law in the United States. Today this book, cited by the United States Supreme Court and a host of other courts, remains the leading Health Law casebook in American law schools.The new 9th edition provides up-to-date coverage of the field in all of its complexity, while retaining the substantially slimmed-down size of the prior edition. The book offers new cases, statutory materials, and classroom-tested problems, along with succinct and sharpened notes, comments, charts, and other teaching materials. It is fully up-to-date as of mid-2021, including the many issues raised by the COVID-19 pandemic. It will be supplemented by a regularly updated website and, if appropriate, printed supplements.This new edition centers the broader goal of a more just and equitable health care system. It incorporates issues of equity and justice throughout the overarching organization that health law teachers and students found so helpful in the prior editions. In this new edition, Chapter One considers health law and policy as part of a larger framework that encompasses justice and equity movements, and it reimagines traditional concerns of cost, access, quality, and choice in this framework.Chapters Two through Five address ways in which the law can contribute to the promotion of the quality of health care. In this edition, materials on the professional-patient relationship and medical malpractice have been carefully edited and combined into a single chapter.The second part of the text in Chapters Six through Ten is substantially updated, and the chapters reordered for this new edition. It now begins with an expanded chapter on discrimination and unequal treatment in health care, followed by an updated chapter explaining the options available to those who want to reform the American health care system. The chapters then provide a full analysis of the consequences of ERISA, an updated chapter addressing the ACA and its subsequent legal and political challenges, and a chapter on the two largest government health care financing programs--Medicare and Medicaid.The third part of the book in Chapters Eleven through Fifteen describes the role of the law in organizing the health care enterprise. This part includes updated materials on different ways in which the business of health care delivery can be organized and materials describing the legal relationships among different players in the health care enterprise. It includes separate chapters on professional relationships in health care, organizational structures and corporate law, tax, health care fraud and abuse, and the application of antitrust law to health care.Finally, the fourth part of the text in Chapters Sixteen through Twenty-One updates coverage of bioethics materials with a focus on issues currently being litigated or legislated, including abortion and contraception, conscience clauses, the definition of death, and medically assisted dying. The casebook also includes a review of legal regulation of research involving human subjects, and it concludes with a chapter that addresses current developments in population health. The casebook is written to challenge teachers and students on all sides of these issues.In this edition the torch has been passed to a new group of five authors who will be taking over future revisions of the casebook. These five new coauthors, all renowned for their teaching prowess as well as their academic work in Health Law, are Brietta Clark (LMU Loyola Law), Erin Fuse Brown (Georgia State), Robert Gatter (SLU), Elizabeth McCuskey (UMass) and Elizabeth Pendo (SLU).

This timely Handbook explores the relationship between public policy and artificial intelligence (AI) technologies across a broad range of geographical, technical, political and policy contexts. It contributes to critical AI studies, focusing on the intersection of the norms, discourses, policies, practices and regulation that shape AI in the public sector. Expert authors in the field discuss the creation and use of AI technologies, and how public authorities respond to their development, by bringing together emerging scholarly debates about AI technologies with longer-standing insights on public administration, policy, regulation and governance. Contributions in the Handbook mobilize diverse perspectives to critically examine techno-solutionist approaches to public policy and AI, dissect the politico-economic interests underlying AI promotion and analyse implications for sustainable development, fairness and equality. Ultimately, this Handbook questions whether regulatory concepts such as ethical, trustworthy or accountable AI safeguard a democratic future or contribute to a problematic de-politicization of the public sector. The Handbook on Public Policy and Artificial Intelligenceis a crucial resource for students and scholars of public policy and administration, political economy, political science, sociology, law, regulation and governance, computer science and technology studies. It is also beneficial to policy practitioners, civil society actors and regulators working with AI technologies.

Imagine an American president who imprisoned critics, spread a culture of white supremacy, and tried to upend the law so that he could commit crimes with impunity. Constitutional law and political science professor Corey Brettschneider provides a thoroughly researched account of assaults on democracy by not one such president but by five-John Adams, James Buchanan, Andrew Johnson, Woodrow Wilson, and Richard Nixon. These presidents illuminated the trip wires that can erode or even destroy our democracy. But Brettschneider shows that these presidents didn't have the last word; citizen movements brought the United States back from the precipice by appealing to a democratic understanding of the Constitution and pressuring subsequent reform-minded presidents to realize the promise of "we the people." This is a book about citizens-Frederick Douglass, Ida B. Wells, Daniel Ellsberg, and more-who fought back against presidential abuse of power. Their examples give us hope about the possibilities of restoring a fragile democracy.

The incomparable first-hand account of the historic Truth and Reconciliation Commission of Canada told by one of the commissioners who led it. The Truth and Reconciliation Commission was established to record the previously hidden history of more than a century of forced residential schooling for Indigenous children. Marie Wilson helped lead that work as one of just three commissioners. With the skills of a journalist, the heart of a mother and grandmother, and the insights of a life as the spouse of a residential school survivor, Commissioner Wilson guides readers through her years witnessing survivor testimony across the country, providing her unique perspective on the personal toll and enduring public value of the commission. In this unparalleled account, she honours the voices of survivors who have called Canada to attention, determined to heal, reclaim, and thrive. Part vital public documentary, part probing memoir, North of Nowhere breathes fresh air into the possibilities of reconciliation amid the persistent legacy of residential schools. It is a call to everyone to view the important and continuing work of reconciliation not as an obligation but as a gift.

This book offers a critical analysis of cybersecurity from a legal-international point of view. It evaluates the ability of existing international law to address the threat and use of force in cyberspace, redefining cyberwar and cyberpeace for the era of the Internet of Things.

An eye-opening look at "participatory defense," the innovative practice that allows the loved ones of those charged with crimes to help influence the outcome of court cases, by the MacArthur Award-winning activist The courthouse is an important part of every story of mass incarceration in America and, too often, it is a place of powerlessness for those facing criminal charges, their families, and their communities. But the courthouse can also be an important site of resistance, a place where Americans affected by incarceration can become agents of change--even though they are not lawyers or judges. Writing for those new to activism and seasoned organizers alike, celebrated criminal justice advocate Raj Jayadev provides a comprehensive introduction to participatory defense, the incredibly effective community organizing model that leads to better outcomes for criminal cases, shifting power in courtrooms along the way. In lively, accessible prose, Jayadev presents remarkable stories from organizers across the country who demonstrate how participatory defense has led to acquittals, dismissed and reduced charges, and prevented lengthy prison sentences. Lifting up a radical vision of community intervention, Protect Your People also addresses bail hearings, deportation cases, and youth threatened with transfer to adult court, showing that real change is possible when ordinary people step into America's courtrooms and get involved.

"A timely, revelatory look at freedom of speech-our most basic right and the one that protects all the others. Free speech is a human right, and the free expression of thought is at the very essence of being human. The United States was founded on this premise, and the First Amendment remains the single greatest constitutional commitment to the right of free expression in history. Yet there is a systemic effort to bar opposing viewpoints on subjects ranging from racial discrimination to police abuse, from climate change to gender equity. These measures are reinforced by the publics anger and rage; flash mobs appear today with the slightest provocation. We all lash out against anyone or anything that stands against our preferred certainty. The Indispensable Right places the current attacks on free speech in their proper historical, legal, and political context. The Constitution and the Bill of Rights were not only written for times like these, but in a time like this. This country was born in an age of rage and for 250 years we have periodically lost sight of the value of free expression. The history of the struggle for free speech is the story of extraordinary people-nonconformists who refuse to yield to abusive authority-and here is a mosaic of vivid characters and controversies. Jonathan Turley takes you through the figures and failures that have shaped us and then shows the unique dangers of our current moment. The alliance of academic, media, and corporate interests with the governments traditional wish to control speech has put us on an almost irresistible path toward censorship. The Indispensable Right reminds us that we remain a nation grappling with the implications of free expression and with the limits of our tolerance for the speech of others. For rather than a political crisis, this is a crisis of faith"--

This revised work presents integrated information within a framework of history, context, perspective, and analysis while pointing to other primary and secondary resources for greater research efficiency. Topics include: Employment of undocumented aliens, Drug testing, Privacy, Employment discrimination, Minimum wage, Employee Retirement Income Security Act (ERISA), Family and medical leave, Health benefits, OSHA and workers' compensation, Covenants not to compete and wrongful discharge

This comprehensive Research Handbook provides a detailed exploration of the principles and rules that impact the procedures and operation of international courts and tribunals. Within this framework, leading experts examine how the evolution of procedural rules and concepts has given rise to a distinct body of rules known as international procedural law. Diverse contributors from common and civil law backgrounds discuss the significance, sources and general principles of international procedural law and highlight crucial, yet often overlooked, international dispute resolution regimes. Specific problems related to the emergence of international procedural law, such as the interaction between international judicial regimes, are also unpacked and potential practical solutions investigated. The Research Handbook concludes by looking forwards, using a comparative analysis of the interactions between distinct international dispute resolution regimes to outline how mutual consideration and comity can lead to procedural congruence. The Research Handbook on International Procedural Lawis an authoritative reference for students and scholars of arbitration and dispute resolution, constitutional and administrative law, and public international law. Discerning and practical, it will also act as a core resource for practitioners, government officials, judges, and members of adjudicative bodies.

"A landmark book...[a] bold reframing of the history of the British Empire." --Caroline Elkins, Foreign Affairs An award-winning historian places the corporation--more than the Crown--at the heart of British colonialism, arguing that companies built and governed global empire, raising questions about public and private power that were just as troubling four hundred years ago as they are today. Across four centuries, from Ireland to India, the Americas to Africa and Australia, British colonialism was above all the business of corporations. Corporations conceived, promoted, financed, and governed overseas expansion, making claims over territory and peoples while ensuring that British and colonial society were invested, quite literally, in their ventures. Colonial companies were also relentlessly controversial, frequently in debt, and prone to failure. The corporation was well-suited to overseas expansion not because it was an inevitable juggernaut but because, like empire itself, it was an elusive contradiction: public and private; person and society; subordinate and autonomous; centralized and diffuse; immortal and precarious; national and cosmopolitan--a legal fiction with very real power. Breaking from traditional histories in which corporations take a supporting role by doing the dirty work of sovereign states in exchange for commercial monopolies, Philip Stern argues that corporations took the lead in global expansion and administration. Whether in sixteenth-century Ireland and North America or the Falklands in the early 1980s, corporations were key players. And, as Empire, Incorporated makes clear, venture colonialism did not cease with the end of empire. Its legacies continue to raise questions about corporate power that are just as relevant today as they were 400 years ago. Challenging conventional wisdom about where power is held on a global scale, Stern complicates the supposedly firm distinction between private enterprise and the state, offering a new history of the British Empire, as well as a new history of the corporation.

This textbook offers a starting point for the education of attorneys and other legal professionals about the potential impact of artificial intelligence (AI) on the law, as well as a forum for discussing artificial intelligence's legal and ethical concerns. Intended for classroom use, this book will help students, legal professionals and policymakers alike. AI is swiftly transforming the world, including the legal system. Legal applications to areas such as ethics, human rights, climate change, labor law, health, social protection, inequality, lethal autonomous weapons, the criminal justice system and autonomous vehicles, contract drafting, legal investigation, criminal analysis and evidence investigation, utilize AI. As AI becomes more sophisticated, its impact on the law will likely increase.

A probing analysis of Black women's attempts to pursue justice for sexual-violence victims within often hostile social and legal systems In Bodies in the Middle: Black Women, Sexual Violence, and Complex Imaginings of Justice, Maya Hislop examines the lack of place that Black women experience, specifically when they are victims of sexual violence. Hislop uses both historical and literary analyses to explore how women, in the face of indifference and often hostility, have sought to redefine justice for themselves within a framework she calls "Afro-pessimistic justice." Afro-pessimism begins from the belief that Black life in America, and in turn the American justice system, is constrained within a framework of anti-Blackness meant to enforce white supremacy. Inspired by the work of Black-studies luminaries such as Orlando Patterson, Sylvia Wynter, and Fred Moten, Hislop asks what justice can look like in the absence of total victory and how Black women have attempted to define alternative paths to a just future.

Told through the eyes of a former federal prosecutor who ran the busiest trial unit in any United States Attorney's Office, this book arms criminal defense attorneys with the tools needed to fight back against prosecutors who abuse their immense power. The authors explain how to uncover and attack prosecutorial misconduct in every aspect of a criminal prosecution. Each chapter includes favorable case law from the federal circuits to provide criminal defense attorneys with an immediate launching point for motions that will help them win their cases.

The Case for Eyewitness Identification Reform is divided into five chapters. Chapter 1 lays out the existing eyewitness identification practice in most jurisdictions. Chapter 2 sets forth the law governing eyewitness identification admissibility, as embodied primarily by Manson v. Brathwaite, and how juries are instructed regarding eyewitness identification evidence that is admitted at trial, as embodied primarily by Telfaire v. United States. Chapter 3 lays out what we currently know about memory and perception, insofar as they relate to eyewitness identification. Chapter 4 examines criticisms of Manson and Telfaire, in light of what we know about perception and memory, and outlines past attempts at reforming this body of doctrine to achieve strong deterrence and reduce the number of wrongful convictions. Chapter 5 sets forth the system and estimator variables and makes the case for three-pronged approach to reform outlined above: i.e., barring identification evidence that is either (1) obtained by suggestive means taking into account all system variables or (2) whose probative value does not substantially outweigh its prejudice when taking into account both system and estimator variables, and further (3) instructing juries to consider both system and estimator variables, insofar as they are implicated by the evidence.

Highly technical and often difficult to understand, business valuations are a critical subject for lawyers in many areas, such as divorce, bankruptcy, corporate and tax law, and estate and financial planning. The authors of this book, who have over 40 years of combined experience in transactional matters and litigation, present and discuss key concepts in valuation. At the same time, they explain how to dig beneath the surface of expert opinions and show how to find the most pertinent facts, interpret the data, and evaluate the quality and comprehensiveness of evidence. This easy-to-use manual covers all aspects of determining the value of a business, including definitions of value; personal versus enterprise goodwill, valuing professional practices and small businesses, cross-examination, commonly used terminology and bodies of evidence, professional credentials and standards; and recognized and accepted valuation methods. Adding to the book's usefulness are "Questions to Ask" for most sections, extensive case citations throughout to courts' positions on many issues, and appendices that include a glossary, bibliography of business valuation databases, and other useful tools.

The venerable, time-tested guide to style, usage, and grammar--an indispensable reference informing the editorial canon with sound, definitive advice. Now in its 18th edition!  More than 1.75 million copies sold! Much has happened in the years since the publication of the seventeenth edition of The Chicago Manual of Style. The world has transformed, and the Manual has risen to meet the moment. The eighteenth edition of this classic guide for writers, editors, and publishers is the most extensive revision in two decades.  Every chapter has been reexamined with diversity and accessibility in mind, and major changes include updated and expanded coverage of pronoun use and inclusive language, revised guidelines on capitalization, a broader range of examples, new coverage of Indigenous languages, and expanded advice on making publications accessible to people with disabilities. The Manual's traditional focus on nonfiction has been expanded to include fiction and other creative genres in coverage of topics such as punctuation and dialogue, and the needs of self-published authors receive wider attention. The citation chapters have been thoroughly reorganized for the benefit of new and experienced users alike, and the key concepts for editing mathematics have been integrated into the chapters where they will be most useful to generalists. Evolving technologies--from open-access publishing models to AI--are covered throughout. And naturally, there are some well-considered updates to familiar rules, including changes intended to align the Manual's recommendations more closely with real-world usage. As with every new edition, devotees of the Manual will find much to discover and ponder.