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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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  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.

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  The Master’s Tools Will Not Dismantle the Master’s House: Hip Hop, Young M.A., and Gender Norms, in Fight the Power: Law and Policy through Hip-Hop Songs (Gregory Parks & Frank Rudy Cooper eds., 2022)

  Catherine E. Smith and Zoe Smith-Holladay

  Zoe Smith-Holladay and Catherine Smith consider Young M.A.’s 2018 song, “Pettywap,” and her general gender-bending image in order to evaluate rapid social change on gender and sex orientation in light of continuing misogyny. As a self-identified, same-gender-loving Black female hip-hopper, Young M.A. offers authentic, playful, rhythmic taunts often combined with a sexually charged energy and boastful lyrics. The United States Supreme Court recently decided a trio of cases that hinge on employers’ arguments that they are justified in firing LGBT people for their failure to meet an employer’s gender expectations. As such, will analyze how one of hip-hop music’s most intriguing and up-and-coming artists pushes – and reinforces – pervasive cultural gender and sexual stereotypes, and, how courts respond to our rapidly changing gender norms.

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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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  Actors and Law-Making in International Environmental Law, in Research Handbook on International Environmental Law (Malgosia Fitzmaurice et al. eds, 2d ed. 2021)

  Mark A. Drumbl and Kateřina Uhlířová

  This chapter explores who makes international environmental law and which are the sources of international environmental law? Traditionally, the number of actors with international legal personality is limited. States were primary among this group, followed by international organizations. In recent years, however, considerable international environmental law effectively has been generated by non-governmental organizations, networked communities of experts, and administrative secretariats of treaty organizations. The expansion in the number of actors that, whether de jure or de facto, make international environmental law has diversified the sources of international environmental law. Sources of international law include treaties, custom, general principles of law, and -- in a subsidiary sense -- judicial decisions and the writings of eminent publicists. However, much of international environmental law is informally generated by soft law -- namely that which is not yet or not only law -- in particular when it comes to setting norms and defining agendas for formal law-making processes. This Chapter also considers in depth the effects of environmental ethics and philosophies of deep ecology upon the content of international environmental law.

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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.

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  Politics and the Institutional Integrity of the ICC, in The Past, Present, and Future of the International Criminal Court (Alexander Heinze & Viviane Dittrich eds., 2021)

  Shannon Fyfe

  The Rome Statute of the International Criminal Court (‘Rome Statute’ and ‘ICC‘) emerged following years of interest from various governments in establishing a permanent court to prosecute perpetrators of international crimes. The treaty that eventually established the ICC was the result of inter-governmental negotiations, which were ultimately successful in large part due to the ‘tribunal fatigue’ of governments concerned by “the financial and political costs of creating ad hoc United Nations (‘UN’) criminal tribunals for the atrocities that burdened so many regions of the world”. A permanent court would “provide greater efficiencies in addressing the investigation and prosecution of atrocity crimes”, but drafting the parameters of the Rome Statute required several years of work by legal experts and diplomats from a majority of the world’s governments.

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  The Corporation’s Political Purpose, in Research Handbook on Corporate Purpose and Personhood (Elizabeth Pollman & Robert Thompson eds., 2021)

  Sarah C. Haan

  Featuring contributions from leading scholars, the Research Handbook invites readers to reconsider corporate purpose and personhood by offering a perceptive route to better understand changes that are already apparent in the modern corporation across the world. It provides examples of how a 21st century lens for viewing corporate purpose and personhood will leave us with a different picture and a new understanding of these topics, as well as future directions in corporate social responsibility. Chapters offer analysis of a wide range of topics related to corporate purpose and personhood, including shareholder primacy, stakeholder governance, corporate social responsibility and benefit corporations.

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  Women as Perpetrators: Agency and Authority in Genocidal Rwanda, in Genocide and Gender in the Twentieth Century: A Comparative Survey (Amy E. Randall ed., 2d ed. 2021)

  Nicole Hogg and Mark A. Drumbl

  Focusing on events in Rwanda, Armenia, and the former Yugoslavia as well as the Holocaust, Genocide and Gender in the Twentieth Century investigates how historically- and culturally-specific ideas led to genocidal sexual violence. Expert contributors also consider how these ideas, in conjunction with issues relating to femininity, masculinity and understandings of gendered identities, contributed to perpetrators' tools and strategies for ethnic cleansing and genocide.
  
  The 2nd edition features:

  • Five brand new chapters which explore: imperialism, race, gender and genocide; the Cambodian genocide; memory and intergenerational transmission of Holocaust trauma; and genocide, gender and memory in the Armenian case.
  • An extended and enhanced introduction which makes use of recent scholarship on gender and violence.
  • Historiographical and bibliographical updates throughout.
  • Key primary document - excerpt from the 1948 UN Convention on the Prevention and Punishment of Genocide.

  Updated and revised in its second edition, Genocide and Gender in the Twentieth Century is the authoritative study on the complex gender dimensions of ethnic cleansing and genocide in the 20th century.

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  The Three Fiduciaries of Delaware Corporate Law—and Eisenberg's Error, in Fiduciary Obligations in Business (Arthur B. Laby & Jacob Hale Russell eds., 2021)

  Lyman Johnson

  This chapter argues that corporate law is unique in a way that is not widely recognized, and is not unique in the way it is widely thought to be.

  First, unlike other fields of law where fiduciary obligations play a key role, in corporate law, not one, not two, but three distinct actors owe fiduciary duties—executive officers, directors, and controlling shareholders. The beneficiaries of those actors' duties, the reasons for imposing duties, and the scope and demands of fiduciary duties differ for the three actors. Thus, there is not a singular duty of care and loyalty in Delaware corporate law, but multiple variations of those duties owed by multiple actors. Delaware has a law of fiduciaries, not a fiduciary law.

  Second, this chapter challenges the supposed standard of conduct-standard of review divergence first hailed in 1993 by Professor Melvin Eisenberg as unique to corporate law. The construct was descriptively inaccurate as a matter of corporate law doctrine when Professor Eisenberg first wrote, it has been little used by the Supreme Court since then—only one Supreme Court decision since 1993 uses both "standard of conduct" and "standard of review" in the same opinion—and the standards often converge rather than diverge. Where divergence does exist—infrequently—it is doubtful that unenforced standards of conduct can properly be considered to be "law" or that such divergence serves any useful purpose.

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  Gilbert Law Summaries: Criminal Procedure (20th ed. 2021)

  Paul Marcus and Melanie D. Wilson

  A criminal procedure outline that highlights all of the key criminal procedure decisions from the U.S. Supreme Court in an easy-to-read and easy-to-understand format that includes check lists, visual aids, and practice exam questions (and answers) ― both essay and short answer.

  Topics covered include: Fourth Amendment search and seizure ― including arrests and other detentions; the exclusionary rule; confessions ― including the rules established by Miranda v. Arizona and the Fifth Amendment privilege against compelled self-incrimination; and a discussion of trial rights ― such as the right to a speedy trial, the right to trial by jury, and the right to counsel. The outline also discusses bail, the government’s “Brady” obligations to disclose exculpatory evidence, the burden of proof, guilty pleas, sentencing, the death penalty, ex post facto issues, appellate rights, habeas corpus, prisoners’ rights, double jeopardy, and juvenile offenders.

  The outline is an effective supplement to all criminal procedure textbooks, and standing alone provides a sound overview of all major constitutional criminal procedure issues.

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  Of Courtiers and Princes: Stories of Lower Court Clerks and Their Judges (Todd C. Peppers ed., 2021)

  Todd C. Peppers

  Drawing on contributions from former law clerks and judicial scholars—including an essay by Ruth Bader Ginsburg—the book provides an inside look at the professional and personal bonds that form between lower court judges and their clerks. While the individual essays often focus on a single judge and his or her corps of law clerks, including their selection process, contributions, and even influence, the book as a whole provides a macro-level view of the law clerk’s role in the rapidly changing world of lower federal and state courts, thereby offering an unusual yet crucial perspective on the inner workings of our judicial system.

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  The Role of Women Entrepreneurs in Rebuilding a Nation: The Rwandan Model, in Music, Business and Peacebuilding (Constance Cook Glen & Timothy L. Fort eds., 2021)

  Abbey R. Stemler and Karen E. Woody

  Business schools are placing more emphasis on the role of business in society. Top business school accreditors are shifting to mandating that schools teach their students about the social impact of business, including AACSB standards to require the incorporation of business impact on society into all elements of accredited institutions. Researchers are also increasingly focused on issues related to sustainability, but in particular to business and peace as a field.

  A strong strain of scholarship argues that ethics is nurtured by emotions and through aesthetic quests for moral excellence. The arts (and music as shown specifically in this book) can be a resource to nudge positive emotions in the direction toward ethical behavior and, logically, then toward peace. Business provides a model for positive interactions that not only foster long-term successful business but also incrementally influences society. This book provides an opportunity for integration and recognition of how music (and other art forms) can further encourage business toward the direction of peace while business provides a platform for the dissemination and modeling of the positive capabilities of music toward the aims of peace in the world today.

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  Fifty States, but No Room for the Stateless, in Atlas of the Stateless: Facts and Figures about Exclusion and Displacement (Ulrike Lauerhass et al. eds, 2020)

  David C. Baluarte

  “Give me your tired, your poor / Your huddled masses yearning to breathe free...” says a plaque on the Statue of Liberty in New York. Since its founding, the United States has welcomed immigrants and has granted them citizenship. Their children born on American soil automatically become US nationals. The current US administration is trying to overturn this proud tradition.

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  Children in Armed Conflict, in The Oxford Handbook of Children’s Rights Law (Jonathan Todres & Shani M. King eds., 2020)

  Mark A. Drumbl

  This chapter addresses a particularly vulnerable population of children, namely, children associated with armed forces or armed groups. These children are colloquially known as child soldiers. This chapter begins by surveying the prevalence of child soldiering globally. It then sets out the considerable amount of international law that addresses children in armed conflict, in particular, the law that allocates responsibility for child soldiering and the law that sets out the responsibility of child soldiers for their conduct. The chapter identifies significant gaps between the law and the securing of positive outcomes for former child soldiers, notably when it comes to post-conflict reintegration. The protective impulse that envisions militarized youth as faultless passive victims may not always reflect how youthful fighters see themselves nor necessarily support an emancipatory and empowering vision of how international law should promote the rights of children.

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  Staging International Law’s Stories: Kapo in Jerusalem, in International Law's Collected Stories (Sofia Stolk & Renske Vos eds., 2020)

  Mark A. Drumbl

  The Schutzstaffel coerced and enlisted detainees into the administration of the labor and death camps. These detainees were called Kapos. The Kapos constitute a particularly contested element of Holocaust remembrance. Some Kapos deployed their situational authority to ease the conditions of other prisoners, while others acted cruelly and committed abuses. This chapter explores one treatment of the Kapo, this being on stage: Kapo Be’Yerushalaim (Kapo in Jerusalem) (play, 2014 Motti Lerner; Hebrew, translated into English by Roy Isacowitz, derivative of a film of the same title). This chapter considers how this play speaks of victims who victimize others and narrates the pain that results. Recounting the story that this play tells—a very powerful one, forcefully voiced, of law, judgment, suicide, shame, and the deployment of violence to supposedly protect others—serves as a collected ‘picture book’ of the potential and limits of international law.

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  We’re Exhausting Ourselves, Let’s Get Busy Instead: A Comment on the Contributions by Jakob v.H. Holtermann, Mordechai Kremnitzer and Daniela Demko, in Why Punish Perpetrators of Mass Atrocities? Purposes of Punishment in International Criminal Law (Florian Jeßberger & Julia Geneuss eds., 2020)

  Mark A. Drumbl

  In his comment on the contributions by Holtermann, Demko and Kremnitzer, Mark Drumbl engages with their respective pleas for a predominance of deterrence, expressivism and retribution. In reference to Kremnitzer’s contribution on retribution, he doubts that ‘victimizers-victims’ deserve punishment. They might deserve something else, but something that is not delivered in a criminal courtroom. While he is sympathetic to the expressivist theory and the communicative function of punishment, as developed by Demko, he doubts that a court room is the best place to host those conversations. He worries that the medium – the court – becomes the message. Similarly, he doubts that the courtroom is the best place to tell the truth. The criminal trial illuminates selectively, not comprehensively. It communicates an incomplete truth that does not shed light on the bystanders, and complicity, side-standers. Finally, with regard to Holtermann, Drumbl – as one of the critics of deterrence that Holtermann criticizes – remains unconvinced that international punishment has a deterrent effect. For him, deterrence can at best be believed through a combination of anecdote, superimposition, and faith.