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Citizens United v. Federal Election Commission, in Feminist Judgments: Corporate Law Rewritten (Anne M. Choike et al. eds., 2023)
Carliss Chatman
Corporate law has traditionally assumed that men organize business, men profit from it, and men bring cases in front of male judges when disputes arise. It overlooks or forgets that women are dealmakers, shareholders, stakeholders, and businesspeople too. This lack of inclusivity in corporate law has profound effects on all of society, not only on women's lives and livelihoods. This volume takes up the challenge to imagine how corporate law might look if we valued not only women and other marginalized groups, but also a feminist perspective emphasizing the importance of power dynamics, equity, community, and diversity in corporate law. Prominent lawyers and legal scholars rewrite foundational corporate law cases, and also provide accompanying commentary that situates each opinion in context, explains the feminist theories applied, and explores the impact the rewritten opinion might have had on the development of corporate law, business, and society.
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Crossing the River Styx: The Memoir of a Death Row Chaplain (2023)
Russ Ford, Charles Peppers, and Todd C. Peppers
The Reverend Russ Ford, who served as the head chaplain on Virginia’s death row for eighteen years, raged against the inequities of the death penalty—now outlawed in Virginia—while ministering to the men condemned to die in the 1980s and 1990s. Ford stood watch with twenty-eight men, sitting with them in the squalid death house during the final days and hours of their lives. In July 1990 he accidentally almost became the 245th person killed by Virginia’s electric chair as he comforted Ricky Boggs in his last moments, a vivid episode that opens this haunting book.
Many chaplains get to know the condemned men only in these final moments. Ford, however, spent years working with the men of Virginia’s death row, forging close bonds with the condemned and developing a nuanced understanding of their crimes, their early struggles, and their challenges behind bars. His unusual ministry makes this memoir a unique and compelling read, a moving and unflinching portrait of Virginia’s death row inmates. Revealing the cruelties of the state-sanctioned violence that has until recently prevailed in our backyard, Crossing the River Styx serves as a cautionary tale for those who still support capital punishment.
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White v. Panic, in Feminist Judgments: Corporate Law Rewritten (Anne M. Choike et al. eds., 2023)
Sarah Haan
Corporate law has traditionally assumed that men organize business, men profit from it, and men bring cases in front of male judges when disputes arise. It overlooks or forgets that women are dealmakers, shareholders, stakeholders, and businesspeople too. This lack of inclusivity in corporate law has profound effects on all of society, not only on women's lives and livelihoods. This volume takes up the challenge to imagine how corporate law might look if we valued not only women and other marginalized groups, but also a feminist perspective emphasizing the importance of power dynamics, equity, community, and diversity in corporate law. Prominent lawyers and legal scholars rewrite foundational corporate law cases, and also provide accompanying commentary that situates each opinion in context, explains the feminist theories applied, and explores the impact the rewritten opinion might have had on the development of corporate law, business, and society.
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An Introduction to Law, Law Study, and the Lawyer's Role (4th ed. 2023)
James E. Moliterno and Frederic Ira Lederer
This unique book is designed to introduce non-lawyers to what law is and how it is interpreted and made, and to prepare prospective law students for law school. Although primarily intended for those interested in going to law school, it is also very useful for those who simply want a working knowledge of how the American legal system actually works. The text is highly pragmatic, helping the reader understand not just theory but the realities of how law works and what lawyers actually do to assist clients in the real world. To that end, it contains a sample legal problem along with the necessary legal materials to address it and an illustrative answer.
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Guiding Principle 13: Responsibility of the Business Sector, in The UN Guiding Principles on Business and Human Rights: A Commentary (Barnali Choudhury ed., 2023)
Kishanthi Parella
This chapter is a commentary on Principle 13 of the United Nations Guiding Principles on Business and Human Rights (UNGPs). The UNGPs, endorsed by the United Nations Human Rights Council in 2011, are the first universally accepted framework for addressing business responsibilities for human rights. They outline State obligations to protect human rights, businesses’ responsibility to respect human rights, and the importance of both States and businesses offering adequate remedies for human rights breaches.
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Guiding Principle 14: Nature and Size of the Business Enterprise, in The UN Guiding Principles on Business and Human Rights: A Commentary (Barnali Choudhury ed., 2023)
Kishanthi Parella
This chapter is a commentary on Principle 14 of the United Nations Guiding Principles on Business and Human Rights (UNGPs). The UNGPs, endorsed by the United Nations Human Rights Council in 2011, are the first universally accepted framework for addressing business responsibilities for human rights. They outline State obligations to protect human rights, businesses’ responsibility to respect human rights, and the importance of both States and businesses offering adequate remedies for human rights breaches.
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Guiding Principle 15: Businesses Implementing Policies and Practices, in The UN Guiding Principles on Business and Human Rights: A Commentary (Barnali Choudhury ed., 2023)
Kishanthi Parella
This chapter is a commentary on Principle 15 of the United Nations Guiding Principles on Business and Human Rights (UNGPs). The UNGPs, endorsed by the United Nations Human Rights Council in 2011, are the first universally accepted framework for addressing business responsibilities for human rights. They outline State obligations to protect human rights, businesses’ responsibility to respect human rights, and the importance of both States and businesses offering adequate remedies for human rights breaches.
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U.S. v. Chestman, in Feminist Judgments: Corporate Law Rewritten (Anne M. Choike et al. eds., 2023)
Karen Woody
Corporate law has traditionally assumed that men organize business, men profit from it, and men bring cases in front of male judges when disputes arise. It overlooks or forgets that women are dealmakers, shareholders, stakeholders, and businesspeople too. This lack of inclusivity in corporate law has profound effects on all of society, not only on women's lives and livelihoods. This volume takes up the challenge to imagine how corporate law might look if we valued not only women and other marginalized groups, but also a feminist perspective emphasizing the importance of power dynamics, equity, community, and diversity in corporate law. Prominent lawyers and legal scholars rewrite foundational corporate law cases, and also provide accompanying commentary that situates each opinion in context, explains the feminist theories applied, and explores the impact the rewritten opinion might have had on the development of corporate law, business, and society.
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We Shouldn’t Need Roe, in A War on My Body; A War on My Rights (Paxton Smith et al., 2022)
Carliss Chatman
A War on My Body; A War on My Rights is a profoundly personal and collaborative book led by Texas high school Valedictorian Paxton Smith, with contributions from numerous reproductive rights activists and public personalities, including renowned women's rights lawyer Gloria Allred, reproductive and immigrant justice warrior Sadie Hernandez, New York Congresswoman Carolyn B. Maloney, victims rights attorney Judie Saunders and former Texas Senator Wendy Davis. The book will be released on January 22, 2022--49 years after the U.S. Supreme Court ruled to protect a pregnant woman's rights to abortion in the landmark Roe vs. Wade case.
A riveting, educational, and powerful assemblage from a multitude of global leaders, entertainers, educators, medical and legal professionals spanning several generations and walks of life. A War on My Body; A War on My Rights chronicles the history of abortion rights, its role in gender equality and its cruciality to healthcare infrastructure while offering a mosaic of raw, passionate perspective of the crisis concerning women's reproductive rights and the dire impending consequences should the right to choose wane in the United States and on a global scale. It is a tribute to leadership and advocacy, illuminating the voices of those willing to take a stand on an issue that has long been cloaked in controversy and dishonor.
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Business Organizations: An Experiential Approach (2022)
Carliss N. Chatman and Carla L. Reyes
Business Organizations: An Experiential Approach seeks to prepare students for the bar exam, upper-level business courses, and the realities of business law practice by covering the fundamentals while also exposing students to real-world business law considerations. At heart, the book's approach marries the case study method utilized in business schools with practice documents and traditional doctrinal approaches.
The text maintains reliance on cases, statutes, and legal summaries, but also includes an equal amount of progressively difficult problems: Q&A, case studies, problems, and chapter capstones. The chapter capstone exercises can be incorporated into the curriculum to create a hybrid doctrinal and skills class, or they can be used for evaluation purposes. The text integrates these methods into the fabric of doctrinal learning, reinforcing student learning and giving students early exposure to the practice of business law.
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The International Criminal Court and Cultural Property: What Is the Crime?, in The Preservation of Art and Culture in Times of War (Claire Finkelstein et al. eds., 2022)
Mark A. Drumbl
Conflict over cultural heritage has increasingly become a standard part of war. Today, systematic exploitation, manipulation, attacks, and destruction of cultural heritage by state and non-state actors form part of most violent conflicts across the world. Such acts are often intentional and based on well-planned strategies for inflicting harm on groups of people and communities. With this increasing awareness of the role cultural heritage plays in war, scholars and practitioners have progressed from seeing conflict-related destruction of cultural heritage as a cultural tragedy to understanding it as a vital national security issue. There is also a shift from the desire to protect cultural property for its own sake to viewing its protection as connected to broader agendas of peace and security. Concerns about cultural heritage have thus migrated beyond the cultural sphere to worries about the protection of civilians, the financing of terrorism, societal resilience, post-conflict reconciliation, hybrid warfare, and the geopolitics of territorial conflicts. This volume seeks to deepen public understanding of the evolving nexus between cultural heritage and security in the twenty-first century. Drawing on a variety of disciplines and perspectives, the chapters in this volume examine a complex set of relationships between the deliberate destruction and misuse of cultural heritage in times of conflict, on the one hand, and basic societal values, legal principles, and national security, on the other.
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Collaboration and Opportunism in Communist Czechoslovakia, in Collaboration in Authoritarian and Armed Conflict Settings (Juan Espindola & Leigh A. Payne eds., 2022)
Mark A. Drumbl and Barbora Holá
Who is the collaborator, or in whose eyes? What is the motivation to collaborate: for material gain, for ideology, for duty? When is collaboration betraying a hated enemy, and when is it something else: personal revenge or an instrumental, rational, or even coerced response to a situation, for example? Why do collaborators meet such harsh punishment and stigma when they are revealed as such? Can they ever atone or find redemption? Beyond the perception of the stakeholders involved, how harmful is collaboration? Does it exacerbate or abate violence? Is it always evil or can it sometimes be seen as mitigating wrongs? The chapters in Collaboration in Authoritarian and Armed Conflict Settings explore these thorny questions through a set of case studies, disciplinary approaches, and temporal and regional contexts. They show the range of the types of collaboration; the ubiquity of collaboration across time, countries, political systems, and political and cultural conflicts.
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The Developing Narratives of Pandemic Surveillance, in Pandemic Surveillance: Privacy, Security, and Data Ethics (Margaret Hu ed., 2022)
Joshua A.T. Fairfield
As the COVID-19 pandemic surged in 2020, questions of data privacy, cybersecurity, and the ethics of surveillance technologies centred an international conversation on the benefits and disadvantages of the appropriate uses and expansion of cyber surveillance and data tracking. This timely book examines and answers these important concerns.
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The German Legal System and Courts, in The Oxford Handbook of German Politics (Klaus Larres et al. eds., 2022)
Russell A. Miller
Few countries have caused or experienced more calamities in the 20th century than Germany. The country emerged from the Cold War as a newly united and sovereign state, eventually becoming Europe's indispensable partner for all major domestic and foreign policy initiatives. This handbook provides a comprehensive overview of some of the major issues of German domestic politics, economics, foreign policy, and culture by leading experts in their respective fields. This book serves primarily as a reference work on Germany for scholars and an interested public, but through this broader lens it also provides a magnifying glass of global developments which are challenging and transforming the modern state. The growing importance of Germany as a political actor and economic partner makes this endeavor all the more timely and pertinent from a German, European, and global perspective.
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Experiencing Civil Procedure (3d ed. 2022)
James E. Moliterno
This is the first primary text for a Civil Procedure course to incorporate skills assignments into the book. The book contains the statutes, rules, and edited cases that are the staples of traditional Civil Procedure casebooks. Beyond thoroughly covering the traditional materials, the book actively involves students in the application of civil procedure concepts. It includes three simple simulation cases: one contracts-based, one torts-based, and one blended case, all calibrated for use by first year students. Sample documents from real cases are also included, giving practical context to concepts. Reading the sample documents allows students to see how lawyers engage the civil procedure concepts in actual work. Students using this book will engage in experiential learning exercises, including drafting the jurisdictional allegations for complaints, drafting very simple pleadings and motions, and responding to supervisor email messages.
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Global Issues in the Legal Profession (3d ed., 2022)
James E. Moliterno and Katerina P. Lewinbuk
This book is designed to facilitate the introduction of modern international, transnational, and comparative law issues into a traditional course on professional responsibility and can be used as a supplement in an otherwise domestic-only course. It can also serve as the main text for a summer-abroad, a “global lawyering” type seminar or other compressed course in comparative legal ethics and profession. The book employs a user-friendly format, logical structure, and manageable length with its chapters designed to be used in any combination or order. It also contains numerous hypotheticals to support class discussion or student presentations that can be found at the end of each section.
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Analysis of the Application of the Code of Ethics of Judges and Jurors (2022)
James Moliterno, Jemali Saiti, Ana Pavlovska-Daneva, and Andrej Bozhinovski
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Global Intersectionality and Contemporary Human Rights (2021)
Johanna Bond
Global Intersectionality and Contemporary Human Rights argues for an expansive definition of human rights, one that encompasses the harm caused by multiple, intersecting forms of subordination. Intersectionality theory posits that aspects of identity, such as race and gender, are mutually constitutive and intersect to create unique experiences of discrimination and subordination. Perpetrators of sexual violence in armed conflict, of example, often target women based on both gender and ethnicity. Human rights remedies that fail to capture the intersectional nature of human rights violations do not offer comprehensive redress to victims.
This title explores the influence of intersectionality theory on human rights in the modern era and traces the evolution of intersectionality as a theoretical framework in the United States and around the world. It draws upon feminist theory and human rights jurisprudence to argue that scholars and activists have under-utilized intersectionality theory in the global discourse of human rights. As the central intergovernmental organization charged with the protection of human rights, the United Nations has been slow to embrace the insights gained from intersectionality theory. This work argues that the United Nations and other human rights organizations must more actively embrace intersectionality as an analytical framework in order to fully address the complexity of human rights violations around the world.
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Intersectionality, Women’s Rights in Africa, and the Maputo Protocol, in Patriarchy and Gender in Africa (Veronica Fynn Bruey ed., 2021)
Johanna E. Bond
This timely and expansive multidisciplinary and transdisciplinary collection dissects precolonial, colonial, and post-independence issues of male dominance, power, and control over the female body in the legal, socio-cultural, and political contexts in Africa. Contributors focus on the historical, theoretical, and empirical narratives of intersecting perspectives of gender and patriarchy in at least ten countries across the major sub-regions of the African continent. In these well-researched chapters, authors provide a deeper understanding of patriarchy and gender inequality in identifying misogyny, resisting male supremacy, reforming discriminatory laws, embracing human-centered public policies, expanding academic scholarship on the continent, and more.
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Companies Are People Too (2021)
Carliss Chatman
Companies are People Too is a children's book that addresses the fundamental notion of personhood and how it enables companies to do business in the world just like human beings. It gives some everyday examples of what personhood allows a business to do—like having employees, signing contracts, and suing or being sued.
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Prosecutors and Sentencing, in The Oxford Handbook of Prosecutors and Prosecution (Ronald F. Wright et al. eds., 2021)
Nora V. Demleitner
This Handbook connects the dots among existing theoretical and empirical research related to prosecutors. Major sections of the volume cover (1) prosecutor performance during distinct phases of a criminal case, (2) the features of the prosecutor's environment, both inside the office and external to the office, that influence the choices of individual prosecutors and office leaders, and (3) prosecutorial strategies and priorities when dealing with specialized types of crimes, victims, and defendants. Taken together, the chapters in this volume identify the founding texts, discuss leading theoretical and methodological approaches, explain the scope of unresolved issues, and preview where this field is headed. The volume provides a bottom-up view of an important new scholarly field.
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Taking the Mystery Out of Examinations—The Audit Process, in Effectively Representing Your Client Before the IRS (8th ed. 2021)
Michelle Lyon Drumbl and Tom Greenaway
Published by the American Bar Association Tax Section and now in its 8th Edition, Effectively Representing Your Client Before the IRS is a comprehensive collection of everything a tax professional should know when dealing with the IRS. Written by some of the most experienced tax controversy lawyers in the United States, this two-volume reference provides an in-depth discussion of the law and is replete with realistic examples and hundreds of practice tips to aid tax practitioners during all stages of representation before the IRS in controversy matters, including exam, appeals, Tax Court, refund actions, and collection matters. The companion website contains select audio and video recordings, gleaned from past ABA Tax Section meetings and webinars, and is supplemented with meeting materials relevant to practice.
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Runaway Technology: Can Law Keep Up? (2021)
Joshua A.T. Fairfield
In an era of corporate surveillance, artificial intelligence, deep fakes, genetic modification, automation, and more, law often seems to take a back seat to rampant technological change. To listen to Silicon Valley barons, there's nothing any of us can do about it. In this riveting work, Joshua A. T. Fairfield calls their bluff. He provides a fresh look at law, at what it actually is, how it works, and how we can create the kind of laws that help humans thrive in the face of technological change. He shows that law can keep up with technology because law is a kind of technology - a social technology built by humans out of cooperative fictions like firms, nations, and money. However, to secure the benefits of changing technology for all of us, we need a new kind of law, one that reflects our evolving understanding of how humans use language to cooperate.
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Commentary on Pierson v. Post, in Feminist Judgments: Rewritten Opinions in Property (Eloisa C. Rodriguez-Dod & Elena Maria Marty-Nelson eds., 2021)
Jill M. Fraley
How could feminist perspectives and methods change the shape of property law? This volume assembles a group of diverse scholars to explore this question by presenting fundamental property law cases rewritten from a feminist perspective. The cases cover a broad range of property law topics, from landlord-tenant rights and obligations, patents, and zoning to publicity rights, land titles, concurrent ownership, and takings. These rewritten opinions and their accompanying commentaries demonstrate how incorporating feminist theories and methods could have made property law more just and equitable for women and marginalized groups. The book also shows how property law is not neutral but is shaped by the society that produces it and the judges who apply it.
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Property: Hypotheticals, Self-Assessment Rubrics, and Tools for Success (2021)
Jill M. Fraley
An innovative exam preparation tool, Property: Hypotheticals, Self-Assessment Rubrics, and Tools for Success addresses crucial problems students face as they approach exams. Exam-style hypotheticals are hard to find and never have detailed grading rubrics that will produce accurate scoring and actionable feedback. This book is equally helpful as a supplement to the basic property law course, a coursebook for academic success, or a practice book for the bar.
The Books and Chapters collection highlights published scholarship by members of the faculty at the Washington and Lee University School of Law. The record for each item includes a description of the work, publication information, and a link to purchase or download the text. The works are authored by current and former faculty members and arranged by year of publication and then alphabetically by author's last name, with the most recent at the beginning of the list.
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