New Books: May 2023

The fourth edition of Legal Reasoning, Writing and Other Lawyering Skills draws on lessons from neuroscience and psychology to deepen students' understanding of self and others, and of the emotional biases and filters that undermine their efforts to "think like a lawyer." The fourth edition retains the same core chapters of earlier editions that emphasize and illustrate the "process" of thinking through, and writing about, a client problem. Within those core chapters, however, the fourth edition refines and adds clarity to foundational concepts. For example, the fourth edition distinguishes between types of client conclusions within legal analysis--ultimate conclusions and legal issue conclusions, and it breaks down the types of reasoning provided within court opinions--explanatory reasoning and application reasoning. These labels foster deeper understanding of the core concepts needed to engage in legal analysis. The fourth edition also provides a more specific formula for successfully drafting rule statements for use within memorandums and briefs. In addition, the fourth edition retains chapters covering the practicalities of modern-day legal practice, with a focus on documents students will draft in day-to-day law practice, from client letters, email responses, demand/settlement letters, and trial briefs. The fourth edition adds a new chapter on drafting summary judgment briefs, and introduces students to working with and citing record evidence. It also adds additional exercises throughout for more hands-on learning opportunities. This book can be used in a typical two-semester legal skills course, as well as more intensive two-semester courses, and three- and even four-semester courses.

This work provides the first comprehensive account of the legal aspects of the Treaty of Waitangi. McHugh deals with a variety of topics ranging from basic constitutional questions to technical legal detail of Maori land tenure. He progresses to issues of relevance today, such as common law aboriginal title and the legal doctrine of the Crown's fiduciary duty, concluding with a jurisprudential epilogue.

This book addresses the fundamental ethical and legal aspects, penal consequences, and social context arising from a citizen's acceptance of guilt. The focus is upon sentencing people who have pleaded guilty; in short, post-adjudication, rather than issues arising from discussions in the pretrial phase of the criminal process. The vast majority of defendants across all common law jurisdictions plead guilty and as a result receive a reduced sentence. Concessions by a defendant attract more lenient State punishment in all western legal systems. The concession is significant: At a stroke, a guilty plea relieves the State of the burden of proving the defendant's guilt beyond a reasonable doubt, and in open court. Plea-based sentencing has become even more visible in recent years. The book provides insightful commentary on the following questions: - If an individual voluntarily accepts guilt, should the State receive this plea without further investigation or any disinterested adjudication? - Is it ethically acceptable to allow suspects and defendants, to self-convict in this manner, without independent confirmation and evidence to support a conviction? - If it is acceptable, what is the appropriate State response to such offenders? - If the defendant is detained pretrial, the ability to secure release in return for a plea may be particularly enticing. Might it be too enticing, resulting in wrongful convictions?

In this book, senior judges and academics at the forefront of transnational commercial law in Asia, Australia, Europe, the US, and elsewhere, reflect on the implications of anti-globalism and the COVID-19 pandemic on international commercial dispute resolution (ICDR). The chapters consider: (1) What types of cross-border commercial disputes will arise in the future and what resources will be needed to respond to them in a cost-effective, time-efficient, and equitable manner? (2) Is there still merit in a multilateral approach to transnational commercial law and ICDR, despite the closing of borders, the rise of protectionism, and the disruption of global supply chains? (3) What reforms and innovations should courts, arbitrators, and mediators contemplate when navigating the post-pandemic landscape? (4) Can the accelerated use of remote technology in ICDR (as prompted by the pandemic) be leveraged to enhance access to justice for all? With a focus on the current crisis in globalism, as well as the associated problems of ensuring justice and fairness in the resolution of cross-border commercial and investment-state disputes along the Belt-and-Road and elsewhere, the book will be an invaluable resource for academics, judges and practitioners alike.

Today, gun control is one of the most polarizing topics in American politics. However, before the 1960s, positions on firearms rights did not necessarily map onto partisan affiliation. What explains this drastic shift? Patrick J. Charles charts the rise of gun rights activism from the early twentieth century through the 1980 presidential election, pinpointing the role of the 1968 Gun Control Act. Gun rights advocates including the National Rifle Association had lobbied legislators for decades, but they had cast firearms control as a local issue. After the assassination of President John F. Kennedy in 1963 spurred congressional proposals to regulate firearms, gun rights advocates found common cause with states' rights proponents opposed to civil rights legislation. Following the enactment of the Gun Control Act, lawmakers on both sides of the aisle began to stake out firm positions. Politicians including Richard Nixon and Ronald Reagan recognized the potential of gun control as a wedge issue, and gun rights became increasingly tied to the Republican Party. Drawing on a vast range of archival evidence, Charles offers new insight into the evolution of the gun rights movement and how politicians responded to anti-gun control hardliners. He examines in detail how the National Rifle Association reinvented itself as well as how other advocacy groups challenged the NRA's political monopoly. Offering a deep dive into the politicization of gun rights, Vote Gun reveals the origins of the acrimonious divisions that persist to this day.

This book restores to view a masterpiece of beauty and legal scholarship, which has been lost for almost two hundred years.  Produced anonymously in 1838, The Tree of Legal Knowledge is an elaborate visualization in five large colored plates of the law as stated in Sir William Blackstone's Commentaries on the Laws of England.  Intended as "an assistant for students in the study of law," the study aid was not a simple diagram but a beautiful tree with each branch and twig labeled with legal terms and concepts from the Commentaries.  Not for law students only, the original was also intended to be of use to the practicing attorney and educated gentleman "in consolidating his learning and forming an instructive and ornamental appendage to an office." Although Blackstone's Commentaries had been first published eighty years earlier, it remained the primary source for knowledge of English law and required reading for American law students.  The Commentaries remain relevant today and are frequently cited by the U.S. Supreme Court as a source for the original understanding of legal rights and obligations at the time of American Independence.  Despite its artistic beauty and academic significance, The Tree of Legal Knowledge had seemingly disappeared shortly after its publication.  It is not included in the collection of any library, including the Library of Congress or in Yale University's Blackstone Collection, the largest in the world.  It is not listed in the comprehensive Bibliographical Catalog of William Blackstone, edited by Ann Jordan Laeuchli, published for the Yale Law Library in 2015.   The present volume reproduces the only extant copy of The Tree of Legal Knowledge.  It includes an introduction by the editor that places The Tree in historical context and identifies the anonymous author, an otherwise unknown lawyer.  In addition, it reprints the original author's introduction and "explanation of the branches," both extensively annotated.  This book restores this lost masterpiece to its proper place in legal history.  The Tree is a beautiful--and accurate--depiction of English law as expounded in Blackstone's Commentaries, the single most important book in the history of the common law.

The Constitutional Case for Religious Exemptions from Federal Vaccine Mandates by the Rev. Dr. George Gatgounis, Esq., leads off with a legal brief by attorney Gatgounis arguing why mandating a vaccine despite a religious objection of an individual is unconstitutional. This very thorough volume also includes an extensive digest of South Carolina legal cases regarding religion and the full text of several other key lawsuits also arguing against forcing vaccines despite religious objections.

Keeping Your Own Counsel: Simple Strategies and Secrets for Success in Law Schoo, by Professor Walter A. Effross, is a unique toolkit of practical systems, schedules, and scores of (sometimes-surprising) suggestions, to help students distinguish themselves in the classroom, the exam room, and the interview room. Buy a new version of this textbook and receive access to the Connected eBook on CasebookConnect, including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. Drawing on the author's seven years of big-firm practice and quarter-century of full-time law teaching, the book provides encouraging and immediately-usable methods to support students throughout their law school careers, starting well before the first day of classes. Keeping Your Own Counsel includes structures for mastering information, maximizing efficiency, minimizing stress, and building a portfolio of publications. Students will benefit from: Clear and meaningful discussions, with numbered lists of considerations, questions, and suggestions Consistent emphasis on maintaining and cultivating one's purpose, values, and professional and personal ethics Recommendations of effective ways to use inexpensive and easily-available, but often-overlooked, resources Chronological coverage includes: pre-law reading; becoming fully oriented; how law school differs from, and resembles, law practice; core lists to maintain; preparing for classes and exams; exam-taking; analyzing, and writing, law review articles; selecting upper-level courses; judicial clerkships; and, succeeding in job interviews. Eight detailed appendices present lists of: dozens of ways to enhance the lawyer's role in decision-making; more than 150 potential paper/blogging topics; over 50 elements of contract-drafting; and, more than 25 creative career categories of practice in corporate and ESG (Environmental, Social, and Governance) law.

In Since Time Immemorial Yanna Yannakakis traces the invention of Native custom, a legal category that Indigenous litigants used in disputes over marriage, self-governance, land, and labor in colonial Mexico. She outlines how, in the hands of Native litigants, the European category of custom--social practice that through time takes on the normative power of law--acquired local meaning and changed over time. Yannakakis analyzes sources ranging from missionary and Inquisition records to Native pictorial histories, royal surveys, and Spanish and Native-language court and notarial documents. By encompassing historical actors who have been traditionally marginalized from legal histories and highlighting spaces outside the courts like Native communities, parishes, and missionary schools, she shows how imperial legal orders were not just imposed from above but also built on the ground through translation and implementation of legal concepts and procedures. Yannakakis argues that, ultimately, Indigenous claims to custom, which on the surface aimed to conserve the past, provided a means to contend with historical change and produce new rights for the future.

A NEW YORK TIMES NOTABLE BOOK OF THE YEAR . The riveting story of the conflict over same-sex marriage in the United States-the most significant civil rights breakthrough of the new millennium "Full of intimate details, battling personalities, heated court cases, public persuasion."-John Williams, The New York Times On June 26, 2015, the U.S. Supreme Court ruled that state bans on gay marriage were unconstitutional, making same-sex unions legal across the United States. But the road to that momentous decision was much longer than many know. In this definitive account, Sasha Issenberg vividly guides us through same-sex marriage's unexpected path from the unimaginable to the inevitable. It is a story that begins in Hawaii in 1990, when a rivalry among local activists triggered a sequence of events that forced the state to justify excluding gay couples from marriage. In the White House, one president signed the Defense of Marriage Act, which elevated the matter to a national issue, and his successor tried to write it into the Constitution. Over twenty-five years, the debate played out across the country, from the first legal same-sex weddings in Massachusetts to the epic face-off over California's Proposition 8 and, finally, to the landmark Supreme Court decisions of United States v. Windsor and Obergefell v. Hodges. From churches to hedge funds, no corner of American life went untouched. This richly detailed narrative follows the coast-to-coast conflict through courtrooms and war rooms, bedrooms and boardrooms, to shed light on every aspect of a political and legal controversy that divided Americans like no other. Following a cast of characters that includes those who sought their own right to wed, those who fought to protect the traditional definition of marriage, and those who changed their minds about it, The Engagement is certain to become a seminal book on the modern culture wars.

Written by Clifton B. Kruse, Jr., a well-known expert in the fields of estate planning and elder law, this updated edition of Third-Party and Self-Created Trusts explains the effect that governmental legislation has had on trust law and guides you through the maze of federal laws that affect planning for the elderly and disabled. Focusing on the effect of the Omnibus Budget Reconciliation Act of 1993 on trusts for older and disabled Americans, this guide includes the full text of this act and outlines how it affects the drafting of trusts, illustrated by a comprehensive chart showing OBRA 1993's effect on nine commonly used trusts.
Third-Party and Self-Created Trusts includes sample forms and language reflecting the most current rulings, dozens of real-world examples, and detailed endnotes that will help you:
Draft trusts for individuals who have disabled children or elderly or disabled parents so that the trust beneficiary is not disqualified from receiving government entitlement programs
Outline the necessary case law and language that should be considered when drafting wills and trusts for such clients
Include language in the trust for disabled clients who may be receiving Medicaid and wish to retain a supplemental fund for themselves until their death. In addition to updating the material from the earlier editions, the trust forms have been amended where appropriate.

The Trial Lawyer’s Guide to Attorney-Client Privilege and Work-Product Doctrine provides practical guidance to civil trial lawyers in litigating claims of confidentiality for attorney-client communications and attorney work product.
Table of Contents:
The Attorney-Client Privilege
The Ethics Rule on Confidentiality and How it Differs from the Attorney-Client Privilege
The Work-Product Privilege
The Common-Interest or Joint-Defense Privilege
Exceptions to Privileges
Waiver of Privileges
Procedural Tools for Litigating Privileges
The Attorney-Client Privilege in Organizations
Investigations
Patent Matters
Litigating Attorney-Client Privileges Under the United States Bankruptcy Code and the Federal Rules of Bankruptcy Procedure
Communications with Public Relations Consultants
Insurance Settings
Class Actions
Choice of Law Issues

A practical introduction to human trafficking for attorneys and students in criminal, corporate, employment, immigration, international, and public interest law. Human trafficking is the reprehensible practice of physically or psychologically compelling an individual to work or provide commercial sexual services. An estimated 27.6 million people are held against their will in either commercial sex or forced labor around the world, yet fewer than one percent of these individuals ever identified. Attorneys have the much-needed skills, clientele, and positions to help shrink this alarming gap, by integrating identification, services and prevention strategies into their respective practices. Freedom for All: An Attorney's Guide to Fighting Human Trafficking, Second Edition demonstrates to attorneys across multiple practice areas how human trafficking intersects with their daily practice, how their skills translate, and how they can easily begin to integrate anti-trafficking into their work. It is as much a practical introduction to any student or practicing attorney as it is a lay of the land of current anti-trafficking legal efforts. The book also highlights the important contributions of numerous attorneys and exciting nascent developments. Whether criminal, corporate, employment, immigration, international or public interest, now is the moment to develop areas of the law, employ creative arguments and thinking, and implement new policies and programs. Efforts at all levels are sorely needed to increase identification, services and prevention - to make a true difference in the lives of trafficked persons. If you have ever asked yourself “What can I do?” Freedom for All: An Attorney's Guide to Fighting Human Trafficking, Second Edition gives you the answer.

Through its previous seven editions, Examples & Explanations: Bankruptcy and Debtor/Creditor has been popular with students and practitioners for its extraordinarily lucid explanations of complex concepts. In this eighth edition, the coauthors, Brian Blum and Samir Parikh, combine their expertise to enhance the book's treatment of all salient areas of bankruptcy and debtor-creditor law. Although there are many changes in the eighth edition, it maintains the format and approach of previous editions. The textual discussion of the principles, goals, policies, and legal rules of Bankruptcy and Debtor-Creditor law is clear and accessible. The Examples & Explanations pedagogy gives the reader practice interpreting the Bankruptcy Code and applying the rules and principles to factual situations.  This book will help law students master fundamental federal bankruptcy and state debtor-creditor concepts and rules, which will help them succeed in upper-level bankruptcy/debtor-creditor courses; and it will also give them a leg up when they encounter bankruptcy in other areas, such as family law, taxation, real estate, business organizations, secured transactions, torts, and others.  New to the 8th Edition:   New problems addressing current bankruptcy issues, including mass tort bankruptcies like Purdue Pharma and Boy Scouts of America.    New cases throughout and discussion of recent developments in the law, including unique insights into 363 assets sales, fraudulent transfer law, 524(g), small business bankruptcy under Subchapter V, and dischargeability of student loan debt.     New overview sections in each chapter, designed to provide a summary of the Bankruptcy Code sections covered.  Rewriting of text to enhance clarity, add hypotheticals, and integrate the discussion of new topics.  Professors and students will benefit from:  Examples & Explanations are designed to highlight fundamental issues covered in the textual part of the chapter and to allow students to self-test on topics discussed in the text. The Examples set out a factual scenarios which are resolved in the Explanation, with reference back to the textual material.  Topics have been arranged within each chapter to allow students to see the interactions between different Code sections, and to move from basic to more complex topics.  Each chapter contains cross references to material in other chapters to enable students to link themes in various chapters and to see how the topics fit together to form a comprehensive system.  The text is clearly written to be accessible to students, and covers rules and concepts in the depth and breadth that is likely to be required of students in the bankruptcy/debtor-creditor course.  One-of-a-kind flowcharts and diagrams aid in understanding by the visual representation of concepts, processes, and relationships.  The extensive glossary at the end of the book gives students a ready explanation of the meaning of the many terms of art that they may encounter in this area, both in the book and in other materials. 

More has been said about the Hart-Fuller debate than can be considered healthy or productive even within the precious world of jurisprudential scholarship - too much philosophising about how law has revelled in its own abstractness and narrowness. But the mission of this book is distinctly and determinedly different - it is not to rework these already-rehashed ideas, but to reject them entirely. Rather than add to the massive jurisprudential literature that has been generated by all and sundry, the book criticises and abandons the project that Hart and Fuller set in motion. It contends that the turn that was taken in 1957 has led down a series of cul-de-sacs, blind alleys, and dead-ends to nowhere useful or illuminating. It is more than past time to leave their debate behind and strike out in an entirely new and more promising direction. The book insists that not only law, but also all theorising about law, is political in all its derivations, dimensions, and directions.

In Raf' al-Malām 'an al-A'imma al-A'lām Ibn Taymiyya pursues the argument as to why a mujtahid might depart from directly acting upon textual evidences. This forms the basis of his discussion regarding the causes underlying disagreements found among Muslim scholars in general and their holding differing legal opinions and proffering divergent arguments in support of those opinions. In this work, Ibn Taymiyya calls for tolerance and understanding of the conclusions arrived at by eminent Muslim scholars. Additionally, he insists that even if a scholar was to err in their judgement, it should not be assumed that they intentionally ignored textual evidence as there could be various reasons for what others consider to be a departure from textual evidences. Hence, according to Ibn Taymiyya, such scholars should not be seen as blameworthy and liable to punishment but rather they should be revered as scholars who exercised their right of ijtihad. Thus, even if such a scholar was thought to have erred, there would most certainly be a methodological reason behind such a departure, rather than an intentional contradiction of the relevant textual evidences. Additionally, Ibn Taymiyya asserts that liability for the punishment depends on the existence of certain conditions and the non-existence of impediments and he affirms that reaching certainty in this regard is almost impossible as this is clearly a very complex and complicated process. In this work it is evident that Ibn Taymiyya benefited from various traditions of learning in which he excelled, including jurisprudence, Hadith and philosophy and hence produced a remarkable work which has proved relevant from the time it was authored about eight centuries ago until our present day. This work contains the Arabic text Raf' al-Malām 'an al-A'imma al A'lām and its translation.

With full legalization seeming inevitable, it's time to shift the conversation--from whether recreational cannabis should be legalized to how.   Weed Rules argues that it's time for states to abandon their "grudging tolerance" approach to legal weed and to embrace "careful exuberance." In this thorough and witty book, law professor Jay Wexler invites policy makers to responsibly embrace the enormous benefits of cannabis, including the joy and euphoria it brings to those who use it.   The "grudging tolerance" approach has led to restrictions that are too strict in some cases--limiting how and where cannabis can be used, cultivated, marketed, and sold--and far too loose in others, allowing employers and police to discriminate against users. This book shows how focusing on joy and community can lead us to an equitable marijuana policy in which minority communities, most harmed by the war on drugs, play a leading role in the industry. Centering pleasure and fun as legitimate policy goals, Weed Rules puts forth specific policies to advocate for a more just, sensible, and joyous post-legalization society.

The Intergovernmental Panel on Climate Change (IPCC) has become a hugely influential institution. It is the authoritative voice on the science on climate change, and an exemplar of an intergovernmental science-policy interface. This book introduces the IPCC as an institution, covering its origins, history, processes, participants, products, and influence. Discussing its internal workings and operating principles, it shows how IPCC assessments are produced and how consensus is reached between scientific and policy experts from different institutions, countries, and social groups. A variety of practices and discourses - epistemic, diplomatic, procedural, communicative - that make the institution function are critically assessed, allowing the reader to learn from its successes and failures. This volume is the go-to reference for researchers studying or active within the IPCC, as well as invaluable for students concerned with global environmental problems and climate governance. This title is also available as Open Access via Cambridge Core.

From elder voices opposing the Dakota Pipeline to young people running for office to advocate for change, every day we see real-life stories about how women are making a collective difference on climate justice. Women are also disproportionately impacted by climate change and thus are critical to transforming society away from dependence on fossil fuels and toward renewable energy and environmental equity. As a mother and a professor of environmental education, Mallory McDuff wanted to give her two daughters and her students a roadmap to engage in climate justice in their communities, rather than be left feeling paralyzed by the enormity of the problem. She set out to find women of diverse ages, backgrounds, and vocations--one from each of the fifty US states--as inspiration for a new kind of leadership focused on the heart of the climate crisis. Love Your Motherlifts up the stories of these women working toward a viable future, from farmer and rancher Donna Kilpatrick in Arkansas to writer Latria Graham in South Carolina. From Alabama to Alaska, from Wisconsin to Wyoming, these women are poets, physicians, climate scientists, students, farmers, writers, documentary filmmakers, and more. Their work lights the way for conversation and collective action in our homes and in the world. It's time we follow their lead.

EXAMPLE AND EXPLANATION: CRIMINAL PROCEDUR CONSTITUTION & POLICE 10E. A favorite classroom prep tool of successful students that is often recommended by professors, the Examples & Explanations (E&E) series provides an alternative perspective to help you understand your casebook and in-class lectures. Each E&E offers hypothetical questions complemented by detailed explanations that allow you to test your knowledge of the topics in your courses and compare your own analysis.

In Red Internationalism, Salar Mohandesi returns to the Vietnam War to offer a new interpretation of the transnational left's most transformative years. In the 1960s, radicals mobilized ideas from the early twentieth century to reinvent a critique of imperialism that promised not only to end the war but also to overthrow the global system that made such wars possible. Focusing on encounters between French, American, and Vietnamese radicals, Mohandesi explores how their struggles did change the world, but in unexpected ways that allowed human rights to increasingly displace anti-imperialism as the dominant idiom of internationalism. When anti-imperialism collapsed in the 1970s, human rights emerged as a hegemonic alternative channeling anti-imperialism's aspirations while rejecting systemic change. Approaching human rights as neither transhistorical truth nor cynical imperialist ruse but instead as a symptom of anti-imperialism's epochal crisis, Red Internationalism dramatizes a shift that continues to affect prospects for emancipatory political change in the future.

This study, based on data from 74 law school faculty from 44 law schools in the United States, measures law faculty sentiment on the state of democracy in the USA, the extent to which it is threatened, and the measures taken by law schools and faculty in response. The study helps its readers to answer questions such as: Do law school faculty think democracy is threatened in the USA? If so, to what extent? Who is responsible? Should law schools play a role in ameliorating this situation? If so, how? What has been done already? What actions should law school administration or legal profession professional bodies take in response to threats to democracy? Is it the role of the law school to support democracy in China? Iran? Latin America? Other countries and regions? If so, what has been done or might be done? Data in the report is broken out by institutional and personal faculty variables, including size, public private status, law school ranking and geographic location of the respondent’s law school, and legal research specialty, work title and political views of the personal respondent. Commentary is broken out by the law school ranking of the respondents affiliated institution.

In a world in which racism and xenophobia are endemic, what is the role of international law? To the extent international rules are thought to have any relevance at all, the typical approach characterizes international law as on the side of racial justice. Human rights instruments like the United Nations' International Convention on the Elimination of Racial Discrimination are paradigmatic, offering the world international agreements in which governments are directed to avoid racist behavior and promote antiracist action. In The Right to Exclude, Justin Desautels-Stein goes against the grain and asks whether certain rules of international law might actually produce structures of racial hierarchy, rather than work to limit them. The intellectual fulcrum for this production, Desautels-Stein argues, lies in the ideological structures of sovereignty and property, the right to exclude that is shared in those twinned precincts, and the border regimes that result. Applying critical race theory to contemporary problems of migration, nationalism, multiculturalism, decolonization, and self-determination, Desautels-Stein expounds a theory of "postracial xenophobia", a structure of racial ideology that justifies and legitimates a pragmatic account of racialized foreignness, a racial xenos.

Against long odds, the Anishinaabeg resisted removal, retaining thousands of acres of their homeland in what is now Michigan, Wisconsin, and Minnesota. Their success rested partly on their roles as sellers of natural resources and buyers of trade goods, which made them key players in the political economy of plunder that drove white settlement and U.S. development in the Old Northwest. But, as Michael Witgen demonstrates, the credit for Native persistence rested with the Anishinaabeg themselves. Outnumbering white settlers well into the nineteenth century, they leveraged their political savvy to advance a dual citizenship that enabled mixed-race tribal members to lay claim to a place in U.S. civil society. Telling the stories of mixed-race traders and missionaries, tribal leaders and territorial governors, Witgen challenges our assumptions about the inevitability of U.S. expansion. Deeply researched and passionately written, Seeing Red will command attention from readers who are invested in the enduring issues of equality, equity, and national belonging at its core.

Known as the "swing justice," Justice Anthony M. Kennedy provided the key vote determining which way the Supreme Court would decide on some of the most controversial cases in US history. Though criticized for his unpredictable rulings, Kennedy also gained a reputation for his opinion writing and, more so, for his legal rhetoric. This book examines Justice Kennedy's legacy through the lenses of rhetoric, linguistics, and constitutional law. Essays analyze Kennedy's opinion writing in landmark cases such as Romer v. Evans, Obergefell v. Hodges, and Planned Parenthood v. Casey. Using the Justice's rhetoric as an entry point into his legal philosophy, this volume reveals Kennedy as a justice with contradictions and blind spots--especially on race, women's rights, and immigration--but also as a man of empathy deeply committed to American citizenship. A sophisticated assessment of Justice Kennedy's jurisprudence, this book provides new insight into Kennedy's legacy on the Court and into the role that rhetoric plays in judging and in communicating judgment. In addition to the editors, the contributors to this volume are Ashutosh Bhagwat, Elizabeth C. Britt, Martin Camper, Michael Gagarin, James A. Gardner, Eugene Garver, Leslie Gielow Jacobs, Sean Patrick O'Rourke, Susan E. Provenzano, Clarke Rountree, Leticia M. Saucedo, Darien Shanske, Kathryn Stanchi, and Rebecca E. Zietlow.

It's been known for years that usability testing can dramatically improve products. But with a typical price tag of $5,000 to $10,000 for a usability consultant to conduct each round of tests, it rarely happens. In this how-to companion to Don't Make Me Think: A Common Sense Approach to Web Usability, Steve Krug spells out a streamlined approach to usability testing that anyone can easily apply to their own Web site, application, or other product. (As he said in Don't Make Me Think, "It's not rocket surgery".) Using practical advice, plenty of illustrations, and his trademark humor, Steve explains how to: Test any design, from a sketch on a napkin to a fully-functioning Web site or application Keep your focus on finding the most important problems (because no one has the time or resources to fix them all) Fix the problems that you find, using his "The least you can do" approach By paring the process of testing and fixing products down to its essentials ("A morning a month, that's all we ask"), Rocket Surgery makes it realistic for teams to test early and often, catching problems while it's still easy to fix them. Rocket Surgery Made Easy adds demonstration videos to the proven mix of clear writing, before-and-after examples, witty illustrations, and practical advice that made Don't Make Me Think so popular.

Examines the patchwork evolution of school desegregation policy. In 1954, the Supreme Court delivered the landmark decision of Brown v. Board of Education--establishing the right to attend a desegregated school as a national constitutional right--but the decision contained fundamental ambiguities. The Supreme Court has never offered a clear definition of what desegregation means or laid out a framework for evaluating competing interpretations. In The Crucible of Desegregation, R. Shep Melnick examines the evolution of federal school desegregation policy from 1954 through the termination of desegregation orders in the first decades of the twenty-first century, combining legal analysis with a focus on institutional relations, particularly the interactions between federal judges and administrators. Melnick argues that years of ambiguous, inconsistent, and meandering Court decisions left lower court judges adrift, forced to apply contradictory Supreme Court precedents in a wide variety of highly charged political and educational contexts. As a result, desegregation policy has been a patchwork, with lower court judges playing a crucial role and with little opportunity to analyze what worked and what didn't. The Crucible of Desegregation reveals persistent patterns and disagreements that continue to roil education policy.

While espionage between states is a practice dating back centuries, the emergence of the internet revolutionised the types and scale of intelligence activities, creating drastic new challenges for the traditional legal frameworks governing them. This book argues that cyber-espionage has come to have an uneasy status in law: it is not prohibited, because spying does not result in an internationally wrongful act, but neither is it authorised or permitted, because states are free to resist foreign cyber-espionage activities. Rather than seeking further regulation, however, governments have remained purposefully silent, leaving them free to pursue cyber-espionage themselves at the same time as they adopt measures to prevent falling victim to it. Drawing on detailed analysis of state practice and examples from sovereignty, diplomacy, human rights and economic law, this book offers a comprehensive overview of the current legal status of cyber-espionage, as well as future directions for research and policy. It is an essential resource for scholars and practitioners in international law, as well as anyone interested in the future of cyber-security.

This accessible text explains how Russian law works in all its principal areas. It elucidates the main concepts and frameworks behind Russian law, and uses original legal sources and case law to explain how it operates in practice. The contributors, all of whom are leading experts on Russian law, employ original research to further knowledge of the Russian legal profession, legal culture, judiciary and court systems, providing a scholarly and practical account of Russian law for students and scholars alike. It is essential reading for anyone seeking a deeper understanding of the subject.

New York Times Editor's Choice "Biskupic, an accomplished and well-sourced journalist, knows the court as well as anyone now covering it... In her new book Biskupic has done something different and a good deal harder. She has written a group narrative that combines close accounts of the court's public business in the Trump years with a history of its private dramas and conflicts... The deeper message of 'Nine Black Robes' is that even with a new president in office we remain captive to the Age of Trump... A quiet urgency ripples through this informative, briskly paced and gracefully written book." --New York Times Book Review "Biskupic opens a window onto the opaque, insular world of the justices to show an institution sinking gradually into crisis . . . Biskupic is a longtime chronicler of the court, and "Nine Black Robes" puts on display her connections within its chambers." --Washington Post "[Biskupic] knows how to make news and illuminate the personalities atop the judicial org chart . . . The book reveals unseen sausage-making . . ." --Wall Street Journal "Fascinating and informative . . . [Biskupic's] long experience covering the court . . . has put her in an incomparable position to comment on its make-up, historical positions and direction. It has also made her privy to many significant, little-known secrets about Supreme Court personalities and their historical behaviors." --The National Book Review CNN Senior Supreme Court Analyst Joan Biskupic provides an urgent and inside look at the history-making era in the Supreme Court during the Trump and post-Trump years, from its seismic shift to the Right to its controversial decisions, including its reversal of Roe v. Wade, based on access to all the key players. Nine Black Robes displays the inner maneuverings among the Supreme Court justices that led to the seismic reversal of Roe v. Wade and a half century of women's abortion rights. Biskupic details how rights are stripped away or, alternatively as in the case of gun owners, how rights are expanded. Today's bench--with its conservative majority--is desperately ideological. The Court has been headed rightward and ensnared by its own intrigues for years, but the Trump appointments hastened the modern transformation. With unparalleled access to key players, Biskupic shows the tactics of each justice and reveals switched votes and internal pacts that typically never make the light of day, yet will have repercussions for generations to come. Nine Black Robes is the definitive narrative of the country's highest court and its profound impact on all Americans.

This Understanding treatise is the perfect complement to first-year tort courses and is suitable for use with any tort casebook. Concise and authoritative, Understanding Torts features: Comprehensive and up-to-date coverage of intentional torts, privileges, negligence, cause-in-fact, proximate cause, defenses, joint and several liability, damages, strict liability, products liability, economic torts, malicious prosecution, abuse of process, defamation, and invasion of privacy; Judicious use of footnotes to provide full, but not overwhelming, primary and secondary support for textual propositions; Clear organization and writing to enhance understanding of basic concepts and major cases covered in a torts course; and In-depth analysis of topics that generate the greatest confusion and controversy. This edition includes explanation and analysis of new Restatement (Third) Intentional Tort provisions including battery, assault, false imprisonment, and transferred intent as well as new Liability for Economic Harm and Misuse of Legal Process provisions. It pays attention to technology as a source of change in tort law, providing numerous examples from recent decisions on conversion, trespass to chattel, products liability, privacy, and defamation.

Clear and informal, Examples & Explanations for Conflict of Laws, Fifth Edition, covers all topics in Conflicts courses, including personal jurisdiction and the Erie doctrine. It explains traditional and modern approaches and discusses constitutional limits on choice of law. Big-picture overviews and accurate statements of rules are reinforced with concrete examples and test-taking tips. The powerful Examples & Explanations pedagogy works especially well for Conflict of Laws where students gain understanding of rules and policies by applying them to new fact patterns. Summaries of leading cases found in most casebooks and a modular organization allows easy adaptation to any course. The Fifth Edition adds three new Supreme Court decisions that change the law in three key areas. It eliminates one case that the Supreme Court has overruled. It provides more examples and illustrations to clarify the scope of decisions. It adds an entirely new chapter on the proposed Third Restatement of Choice of Law that is now being studied in some Conflicts courses. And it offers a helpful summary of the controversial anti-foreign law statutes that a dozen states have enacted. New to the 5th Edition: New chapter on the draft Restatement Third of Conflicts Discussion of three Supreme Court decisions that alter rules Coverage of state anti-foreign law statutes More examples and explanations Elimination of one case overruled by Supreme Court Professors and students will benefit from: No-nonsense explanation of proposed Restatement Third Clear explanation of the recent changes in the law from the Supreme Court