Follow

• 

  Transnational Blame Attribution: The Limits of Using Reputational Sanctions to Punish Corporate Misconduct, in States, Firms, and Their Legal Fictions (Melissa J. Durkee ed., 2024)

  Kishanthi Parella

  This volume offers a new point of entry into questions about how the law conceives of states and firms. Because states and firms are fictitious constructs rather than products of evolutionary biology, the law dictates which acts should be attributed to each entity, and by which actors. Those legal decisions construct firms and states by attributing identity and consequences to them. As the volume shows, these legal decisions are often products of path dependence or conceptual metaphors like “personhood” that have expanded beyond their original uses. Focusing on attribution, the volume considers an array of questions about artificial entities that are usually divided into doctrinal siloes. These include questions about attribution of international legal responsibility to states and state-owned entities, transnational attribution of liabilities to firms, and attribution of identity rights to corporations. Durkee highlights the artificiality of doctrines that construct firms and states, and therefore their susceptibility to change.

• 

  The Absence of a Unified Theory in Children’s Fourteenth Amendment Jurisprudence, in International Survey of Family Law (Robin Fretwell Wilson & June Carbone eds., 2024)

  Catherine Smith, Tanya Washington, and Robin Walker Sterling

  The 2024 edition of the International Survey continues the celebration of the International Society of Family Law’s (ISFL) fiftieth anniversary. This second of two Jubilee editions begins with memorials to Professor Sanford Katz, a giant in the field of family law, adds reflections on the Society’s history and contributions to the global development of family, and includes retrospectives on 50 years of family law development on topics such as the marriage equality debate, the International Convention on the Rights of the Child, and the distinctive evolution of family law in Brazil, given its colonial heritage, China, with its feudal origins, France, Italy, and Portugal, where the national developments have taken place in dialogue with the European Court of Human Rights, Taiwan, in light of the changing status of women, and the United States, in the context of a federal system that sometimes produces convergence and other times divergence among the fifty states.

• 

  Foreword, in The First 125 Years: An Illustrated History of the Association of American Law Schools (Jean Waterman & Judith Areen eds., 2024)

  Melanie D. Wilson

  The First 125 Years: An Illustrated History of the Association of American Law Schools chronicles the development of AALS from the moment of its creation through today. It traces the growing number of AALS member schools; profiles the breadth of AALS contributions to scholarship, teaching, and law school curricula; and describes how AALS grew from a “good old boys’ network” to a democratized organization that not only embodies but champions core values of excellence, integrity, diversity of viewpoints, and devotion to justice and public service.

  Led by former AALS Executive Director Judy Areen with co-author Jean Waterman, The First 125 Years is the first detailed history of the association and features archival photos from many of our member schools. Work on the book began in 2023 as a way to commemorate the upcoming anniversary, and it was published in late 2024.

• 

  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.

• 

  Public Education: Engaging with Secondary Education in Schools, in International Handbook on Clinical Tax Education (Amy Lawton ed., 2023)

  Michelle Lyon Drumbl

  This chapter will consider the benefits of public education by considering educational outreach projects in secondary schools. Chapter 8 discussed the importance of tax education for young people. Forging relationships with local schools (and, indeed, wider community organisations) is a worthwhile endeavour for any clinical tax education project. In addition to the benefits to university students (covered in more detail in Part III), the community benefits include stronger ties to the local community as well as a contribution to the financial literacy (and tax literacy) of taxpayers.

• 

  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.

• 

  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.

• 

  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.

• 

  The Symbiosis Between International Law and Corporate Governance, in A Research Agenda for Corporate Law (Christopher Bruner & Marc Moore eds., 2023)

  Kish Parella

  Outlining significant dynamics that may pave the way for future evolution in the field of corporate law, this timely Research Agenda explores provocative and cutting-edge developments to identify new directions for scholarly inquiry. Bringing together a diverse group of scholars, the book evaluates doctrinal and normative issues in corporate law from a range of contextual and interdisciplinary viewpoints.

• 

  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.

• 

  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.

• 

  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.

• 

  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.

• 

  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.

• 

  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.

• 

  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.

• 

  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.

• 

  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.

• 

  Prosecutorial Discretion, in Core Concepts in Criminal Law and Criminal Justice, Vol. II (Kai Ambos et al. eds., 2022)

  Shannon Fyfe

  Within the criminal justice system, the presence or absence of discretion is one of the most important determinants of whether or not the system secures justice for all parties and participants. The question is where justice lies on the spectrum running between criminal law by rules and criminal law by decision. Prosecutors in German and Anglo-American criminal law occupy distinctive roles, as decision-makers, due to both the institutional and normative framework, and the presence of both role duality and role ambiguity. Since prosecutorial discretion in the context of an investigation cannot be separated from police discretion, this chapter covers all discretionary decisions during the proceedings by prosecutors and the police. The chapter thus only deals with discretionary decisions of other agents (such as judicial discretion) from a conceptual perspective since the particular, constitutionally protected position of judges affects their discretion considerably. In the words of the German Constitutional Court: "Police forces and public prosecutors do not enjoy independence and cannot be expected – with regard to their investigatory powers and duties – to show the same strict neutrality as judges do."

• 

  The Benefits of Class Actions and the Increasing Threats to Their Viability, in A Guide to Civil Procedure: Integrating Critical Legal Perspectives (Brooke Coleman et al. eds., 2022)

  Suzette Malveaux

  In today’s increasingly hostile political and cultural climate, law schools throughout the country are urgently seeking effective tools to address embedded inequality in the United States legal system. A Guide to Civil Procedure aims to serve as one such tool by centering questions of systemic injustice in the teaching, learning, and practice of civil procedure.

  Featuring an outstanding group of diverse scholars, the contributors illustrate how law school curriculums often ignore issues such as race, gender, disability, class, immigration status, and sexual orientation. Too often, students view the #MeToo movement, Black Lives Matter, immigration/citizenship controversy, or LGBTQ+ issues as mere footnotes to their legal education, often leading to the marginalization of many students and the production of graduates that do not view issues of systemic injustice as central to their profession.

  A Guide to Civil Procedure reveals how procedure is, and always has been, a central pressure point in the struggle to eradicate structural inequality and oppression through the courts. This book will give students and scholars alike a more complex view of their roles as attorneys, sharpen their litigation skills, and provide a stronger sense of community and purpose in the law school classroom.

• 

  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.

• 

  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.

• 

  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.

• 

  Analysis of the Application of the Code of Ethics of Judges and Jurors (2022)

  James Moliterno, Jemali Saiti, Ana Pavlovska-Daneva, and Andrej Bozhinovski

• 

  A Guide to Civil Procedure: Integrating Critical Legal Perspectives

  Elizabeth G. Porter, Brooke D. Coleman, Suzette Malveaux, and Portia Pedro

  In today’s increasingly hostile political and cultural climate, law schools throughout the country are urgently seeking effective tools to address embedded inequality in the United States legal system. A Guide to Civil Procedure aims to serve as one such tool by centering questions of systemic injustice in the teaching, learning, and practice of civil procedure.
  
  Featuring an outstanding group of diverse scholars, the contributors illustrate how law school curriculums often ignore issues such as race, gender, disability, class, immigration status, and sexual orientation. Too often, students view the #MeToo movement, Black Lives Matter, immigration/citizenship controversy, or LGBTQ+ issues as mere footnotes to their legal education, often leading to the marginalization of many students and the production of graduates that do not view issues of systemic injustice as central to their profession.
  
  A Guide to Civil Procedure reveals how procedure is, and always has been, a central pressure point in the struggle to eradicate structural inequality and oppression through the courts. This book will give students and scholars alike a more complex view of their roles as attorneys, sharpen their litigation skills, and provide a stronger sense of community and purpose in the law school classroom.