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  Sentencing Law and Policy: Cases, Statutes and Guidelines (4th ed. 2018)

  Nora V. Demleitner, Douglas A. Berman, Marc L. Miller, and Ronald F. Wright

  One of the foremost books in Sentencing Law, the new fourth edition continues in the tradition of its predecessors by giving students a comprehensive overview of modern sentencing practices. Authored by leading scholars, this casebook provides thorough examination of underlying doctrine, motivates students to tackle the important policy and political issues that animate sentencing practices, and poses challenging questions and hypotheticals to stimulate class discussion and independent thought.

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  Challenges for the Enforcement and Effectiveness of Criminal Law: The Prohibition on Illegal Drugs, in Enforcement and Effectiveness of the Law: General Contributions of the Montevideo Thematic Congress (Nicolás Etcheverry Estrázulas et al. eds., 2018)

  Nora V. Demleitner and Lorena Bachmaier Winter

  This book gathers the general contributions to the 3rd Thematic Congress of the International Academy of Comparative Law, which took place from 16 to 18 November 2016 in Montevideo, Uruguay. The main topic of the Congress was the enforcement and effectiveness of the law as a particularly relevant concern in today’s society, in which the expressions of law have multiplied and legal pluralism seems to have reached its peak.

  The book addresses the enforcement of constitutional rights in national and supranational contexts, as well as the effectiveness of international dispute settlement. Further, it examines in detail the relations between the enforcement and effectiveness of criminal law, contract law and family law.

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  The Choppy Journey to Codification, in Philosophical Foundation of International Criminal Law: Correlating Thinkers (Morten Bergsmo & Emiliano J. Buis eds., 2018)

  Mark A. Drumbl

  This first volume in the series 'Philosophical Foundations of International Criminal Law' correlates the writings of leading philosophers with international criminal law. The chapters discuss thinkers such as Plato, Cicero, Ulpian, Aquinas, Grotius, Hobbes, Locke, Vattel, Kant, Bentham, Hegel, Durkheim, Gandhi, Kelsen, Wittgenstein, Lemkin, Arendt and Foucault. As a sub-discipline of philosophy of international criminal law starts to emerge - giving the discipline deeper roots - such thinkers should not be excluded. The book does not develop or promote a particular philosophy or theory of international criminal law. Rather, it sees philosophy of international criminal law as a discourse space, which includes a) correlational or historical, b) conceptual or analytical, and c) interest- or value-based approaches.

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  Navigating Challenges in Child Protection and the Reintegration of Children Associated with non-State Armed Groups, in Cradled by Conflict: Child Involvement with Armed Groups in Contemporary Conflict (Siobhan O’Neil & Kato Van Broeckhoen eds., 2018)

  Mark A. Drumbl and Gabor Rona

  This edited volume analyses the evidence for how and why children become associated with, used by, and exit armed groups and considers how the international community can improve its efforts to prevent and respond to child recruitment. The volume specifically addresses the widely held assumption that there is something exceptional about the nature of contemporary conflicts and the armed groups fighting in them that requires unique policy and programmatic responses. The volume presents analysis based on original case study research, extensive interviews with key stakeholders, focus group discussions, and survey work. In each case study, a scrupulous effort was made to engage children and youth to understand their experiences.

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  Understanding the Earned Income Tax Credit, in Effectively Representing Your Client Before the IRS (7th ed. 2018)

  Michelle Lyon Drumbl and Caleb Smith

  Published by the American Bar Association Section of Taxation, 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 DVD contains select audio and video recordings, gleaned from past ABA Section of Taxation meetings, and is supplemented with meeting materials relevant to practice.

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  Corporate Law and the History of Corporate Social Responsibility, in Research Handbook on the History of Corporate and Company Law (Harwell Wells ed., 2018)

  Lyman P.Q. Johnson

  Understanding the corporation means understanding its legal framework, but until recently the origins and evolution of corporate law have received relatively little attention. The topical chapters featured in this Research Handbook, contributed by leading scholars from around the world, examine the historical development of corporation and business organization law in the Americas, Europe, and Asia from the ancient world to modern times, providing an invaluable resource for both further historical research and scholars seeking the origins of present-day issues.

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  Dominance by Inaction: Delaware’s Long Silence on Corporate Officers, in Can Delaware be Dethroned?: Evaluating Delaware’s Dominance of Corporate Law (Stephen M. Bainbridge et al. eds., 2018)

  Lyman P.Q. Johnson

  Delaware is the state of incorporation for almost two-thirds of the Fortune 500 companies, as well as more than half of all companies listed on the New York Stock Exchange, NASDAQ, and other major stock exchanges. This gives Delaware a seemingly unchallengeable position as the dominant producer of US corporate law. In recent years, however, some observers have suggested that Delaware's competitive position is eroding. Other states have long tried to chip away at Delaware's position, and recent Delaware legal developments may have strengthened the case for incorporating outside Delaware. More importantly, however, the federal government is increasingly preempting corporate governance law. The contributors to this volume are leading academics and practitioners with decades of experience in Delaware corporate law. They bring together a variety of perspectives that collectively provide the reader with a broad understanding of how Delaware achieved its dominant position and the threats it faces.

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  Protecting Mutual Fund Investors: An Inevitable Eclecticism, in Research Handbook on the Regulation of Mutual Funds (William A. Birdthistle & John Morley eds., 2018)

  Lyman P.Q. Johnson

  The growth of mutual funds has been a truly global phenomenon and deserves a broad international analysis. Local political economies and legal regimes have created different regulatory preferences for the oversight of these funds, and academics, public officials, and legal practitioners wishing to understand the global investing environment need an appreciation for these international differences. This Handbook addresses these and several other issues concerning mutual funds. The contributors, leading scholars in the field of investment law from around the world, provide a current legal analysis of funds from a variety of perspectives and using an array of methodologies that consider the large fundamental questions governing the role and regulation of investments funds as well identity and behavior of investors and issues surrounding less orthodox funds, such as money market funds, ETFs, and private funds.

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  Relating Fiduciary Duties to Corporate Personhood and Corporate Purpose, in Research Handbook on Fiduciary Law (D. Gordon Smith & Andrew S. Gold eds., 2018)

  Lyman P.Q. Johnson

  The Research Handbook on Fiduciary Law offers specially commissioned chapters written by leading scholars and covers a wide range of important topics in fiduciary law. Topical contributions discuss: various fiduciary relationships; the duty of loyalty and other fiduciary obligations; fiduciary remedies; the role of equity; the role of trust; international and comparative perspectives; and public fiduciary law. This Research Handbook will be of interest to readers concerned with both theory and practice, as it incorporates significant new insights and developments in the field.

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  Daily Duties: Āhnika, in Hindu Law: A New History of Dharma (Patrick Olivelle & Donald R. Davis, Jr. eds., 2018)

  Timothy Lubin

  Through pointed studies of important aspects and topics of dharma in Dharmasastra, this comprehensive collection shows that the history of Hinduism cannot be written without the history of Hindu law. Part one provides a concise overview of the literary genres in which Dharmasastra was written with attention to chronology and historical developments. This study divides the tradition into its two major historical periods -- the origins and formation of the classical texts and the later genres of commentary and digest -- in order to provide a thorough, but manageable overview of the textual bases of the tradition. Part two presents descriptive and historical studies of all the major substantive topics of Dharmasastra. Each chapter offers readers with direct knowledge of the debates, transformations, and fluctuating importance of each topic. Readers will also gain insight into the ethos or worldview of religious law in Hinduism, enabling them to get a feel for how dharma authors thought and why. Part three contains brief studies of the impact and reception of Dharmasastra in other South Asian cultural and textual traditions. Part four draws inspiration from "critical terms" in contemporary legal and religious studies to analyze Dharmasastra texts. Contributors offer interpretive views of Dharmasastra that start from hermeneutic and social concerns today.

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  The Vedic Graduate: Snātaka, in Hindu Law: A New History of Dharma (Patrick Olivelle & Donald R. Davis, Jr. eds., 2018)

  Timothy Lubin

  Through pointed studies of important aspects and topics of dharma in Dharmasastra, this comprehensive collection shows that the history of Hinduism cannot be written without the history of Hindu law. Part one provides a concise overview of the literary genres in which Dharmasastra was written with attention to chronology and historical developments. This study divides the tradition into its two major historical periods -- the origins and formation of the classical texts and the later genres of commentary and digest -- in order to provide a thorough, but manageable overview of the textual bases of the tradition. Part two presents descriptive and historical studies of all the major substantive topics of Dharmasastra. Each chapter offers readers with direct knowledge of the debates, transformations, and fluctuating importance of each topic. Readers will also gain insight into the ethos or worldview of religious law in Hinduism, enabling them to get a feel for how dharma authors thought and why. Part three contains brief studies of the impact and reception of Dharmasastra in other South Asian cultural and textual traditions. Part four draws inspiration from "critical terms" in contemporary legal and religious studies to analyze Dharmasastra texts. Contributors offer interpretive views of Dharmasastra that start from hermeneutic and social concerns today.

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  The Vedic Student: Brahmacārin, in Hindu Law: A New History of Dharma (Patrick Olivelle & Donald R. Davis, Jr. eds., 2018)

  Timothy Lubin

  Through pointed studies of important aspects and topics of dharma in Dharmasastra, this comprehensive collection shows that the history of Hinduism cannot be written without the history of Hindu law. Part one provides a concise overview of the literary genres in which Dharmasastra was written with attention to chronology and historical developments. This study divides the tradition into its two major historical periods -- the origins and formation of the classical texts and the later genres of commentary and digest -- in order to provide a thorough, but manageable overview of the textual bases of the tradition. Part two presents descriptive and historical studies of all the major substantive topics of Dharmasastra. Each chapter offers readers with direct knowledge of the debates, transformations, and fluctuating importance of each topic. Readers will also gain insight into the ethos or worldview of religious law in Hinduism, enabling them to get a feel for how dharma authors thought and why. Part three contains brief studies of the impact and reception of Dharmasastra in other South Asian cultural and textual traditions. Part four draws inspiration from "critical terms" in contemporary legal and religious studies to analyze Dharmasastra texts. Contributors offer interpretive views of Dharmasastra that start from hermeneutic and social concerns today.

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  Towards a South Asian Diplomatics: Cosmopolitan Norms and Regional Idioms in the Use of Documents, in Studies in Historical Documents from Nepal and India (Simon Cubelic et al. eds., 2018)

  Timothy Lubin

  This volume is the outcome of the conference “Studying Documents in Premodern South Asia and Beyond: Problems and Perspective”, held in October 2015 in Heidelberg. In bringing together experts from different fields—including Indology, Tibetology, History, Anthropology, Religious Studies, and Digital Humanties—it aims at exploring and rethinking issues of diplomatics and typology, the place of documents in relation to other texts and literary genres, methods of archiving and editing documents, as well as their “social life”, i.e. the role they play in social, religious and political constellations, the agents and practices of their use, and the norms and institutions they embody and constitute. The book is the first volume of the Documenta Nepalica – Book Series, published by the Heidelberg Academy of Sciences and Humanities in collaboration with the National Archives, Nepal.

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  Criminal Procedure in Practice (5th ed. 2018)

  Paul Marcus, Melanie D. Wilson, and Jack B. Zimmerman

  This comprehensive guide will assist anyone involved in the criminal justice system and will serve as an especially valuable guide for new prosecutors or defense attorneys entering the field. The text gives a broad overview of criminal procedure from investigation all the way through post-conviction reviews. The authors discuss complex topics such as standing, fruit of the poisonous tree, car stops, the privilege against self-incrimination, eyewitness identification, habeas corpus, and double jeopardy in both the civilian and military settings. All the principal Supreme Court decisions are explained: Mapp, Gates, Gideon, Wade, Miranda, Brady, and many others.

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  Germany’s German Constitution, in The Invisible Constitution in Comparative Perspective (Rosalind Dixon & Adrienne Stone eds., 2018)

  Russell A. Miller

  Constitutions worldwide inevitably have 'invisible' features: they have silences and lacunae, unwritten or conventional underpinnings, and social and political dimensions not apparent to certain observers. The Invisible Constitution in Comparative Perspective helps us understand these dimensions to contemporary constitutions, and their role in the interpretation, legitimacy and stability of different constitutional systems. This volume provides a nuanced theoretical discussion of the idea of 'invisibility' in a constitutional context, and its relationship to more traditional understandings of written versus unwritten constitutionalism. Containing a rich array of case studies, including discussions of constitutional practice in Australia, Canada, China, Germany, Hong Kong, Israel, Italy, Indonesia, Ireland and Malaysia, this book will look at how this aspect of 'invisible constitutions' is manifested across different jurisdictions.

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  Literature as Human Dignity: The Constitutional Court’s Misguided Ban of the Novel Esra, in Human Dignity in Context (Dieter Grimm et al. eds., 2018)

  Russell A. Miller

  Human dignity is the key term that the Universal Declaration on Human Rights placed at the center of legal discourse on a global level. The Universal Declaration inspired the subsequent use of dignity in domestic constitutional documents as well as in international and regional human rights texts. In 1949, Germany incorporated the concept of human dignity in its Basic law, placing it at the core of the constitutional document and this reference has probably become the most influential national constitutional reference to human dignity. Article 1 para. 1 of the Basic Law provides that '[t]he dignity of man is inviolable. To respect and to protect it shall be the duty of all public authority.' This book provides a contextual analysis of human dignity, exploring its legal and political implications and reflecting current debates on human dignity in multiple disciplinary fields. Following an introduction by the editors, the book is divided into three parts: foundations, developments, variations and rounded off with a conclusion by a distinguished comparative constitutionalist that puts the preceding discussions into perspective.

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  Remedies: Cases and Materials (9th ed. 2018)

  Doug Rendleman and Caprice L. Roberts

  Remedies Ninth teaches students how to traverse the complex territory of choice and measurement of plaintiffs’ remedies. Accessible and readable decisions build on upper-level students’ first-year courses in contracts, torts, property, constitutional law, and civil procedure. Remedies Ninth is organized to teach students how to choose and measure damages, injunctions, and restitution. It emphasizes the lawyer’s tactics in addition to the court’s decisions. It examines law and economics in selecting between tort and contract remedies. Remedies Ninth teaches the substance and remedies of unjust enrichment law with provocative cases and discussion of the Restatement (Third) of Restitution and Unjust Enrichment (A.L.I. 2011). New decisions in Remedies Ninth examine medical and emotional distress damages, the American attorney-fee Rule and the private-attorney-general exception, state constitutional limits on damages caps, the continuing impact of eBay v. MercExchange on injunctions, unconscionability in a contract to arbitrate, contractual limitations on recovery of damages, restitutionary disgorgement remedies for opportunistic breach of contract, and remedies for harm to pets

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  Revocable Inter Vivos Trusts, 860-2nd Tax Management Portfolio (2018)

  Howard M. Zaritsky and Robert T. Danforth

  This Portfolio first addresses the requirements for a valid and effective revocable trust, how and when the trust may be revoked, what constitutes a valid and adequate trust corpus, and when a revocable trust may be expected to achieve significant estate planning benefits. It then addresses the various uses to which a revocable trust may be applied, focusing on when a revocable trust will be the most appropriate vehicle to accomplish each purpose. The Portfolio then addresses the income and wealth transfer tax issues raised by the use of a revocable trust, including when a revocable trust must obtain a taxpayer identification number and file federal income tax returns, when a revocable trust will be treated as an independent entity for income or wealth transfer tax purposes, the effect of holding stock options or subchapter S stock in a revocable trust, and how and when to elect to have a revocable trust treated as part of a decedent’s estate for federal income tax purposes.

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  Asian American Law Librarians Caucus: A Jewel in the Crown, in Asian American Librarians and Library Services: Activism, Collaborations, and Strategies (Janet Hyunju Clarke et al. eds., 2018)

  Alex Zhang

  What are the library services and resources that Asian Pacific Americans need? What does it mean to be an Asian Pacific American librarian in the 21st century? In Asian American Librarians and Library Services: Activism, Collaborations, and Strategies, library professionals and scholars share reflections, best practices, and strategies, and convey the critical need for diversity in the LIS field, library programming, and resources to better reflect the rich and varied experiences and information needs of Asian Americans in the US and beyond. The contributors show that they care deeply about diversity, that they acknowledge that it is painfully lacking in so many aspects of libraries and librarianship, and that libraries and the LIS profession must systematically integrate diversity and inclusion into their strategic priorities and practices, indeed, in their very mission, such that the rich diversity of experiences and histories of Asian Americans in library and archival collections, services, and programming are not only validated and recognized, but also valued and celebrated as vital components of the shared American experience. The volume recognizes and honors the creative and intentional work librarians do for their constituent Asian American communities in promoting resources, services, and outreach.

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  General Works on Sexual Orientation and the Law—Introduction, in Sexual Orientation, Gender Identities, and the Law: A Research Bibliography, 2006-2016 (Dena Neacsu et al. eds., 2018)

  Alex Zhang

  This is the third published iteration of an ongoing commitment by the Standing Committee on Sexual Orientation and Gender Identity. The legal terrain on LGBT issues changes quickly, and good biblio­graphy can bring a practitioner or scholar quickly up to speed. This timely new volume provides a bibliometric analysis of legal scholarship to evaluate the development of scholarly trends, patterns, and major themes. It includes brief introductory overviews of each section and highlights substantive legislative and judiciary changes. This new edition provides clarity of language by incorporating a detailed glossary in the front of the volume, and is revolutionary in its authorship approach: doctrinal and bibliographic experts have united their voices collaboratively to provide the most expert views of this area.

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  Legal Status of Lesbians and Gay Men, in Sexual Orientation, Gender Identities, and the Law: A Research Bibliography, 2006-2016 (Dena Neacsu et al. eds., 2018)

  Alex Zhang

  This is the third published iteration of an ongoing commitment by the Standing Committee on Sexual Orientation and Gender Identity. The legal terrain on LGBT issues changes quickly, and good biblio­graphy can bring a practitioner or scholar quickly up to speed. This timely new volume provides a bibliometric analysis of legal scholarship to evaluate the development of scholarly trends, patterns, and major themes. It includes brief introductory overviews of each section and highlights substantive legislative and judiciary changes. This new edition provides clarity of language by incorporating a detailed glossary in the front of the volume, and is revolutionary in its authorship approach: doctrinal and bibliographic experts have united their voices collaboratively to provide the most expert views of this area.

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  Gender and Post-Colonial Constitutions in Sub-Saharan Africa, in Constitutions and Gender (Helen Irving ed., 2017)

  Johanna E. Bond

  Constitutions and gender is a new and exciting field, attracting scholarly attention and influencing practice around the world. This timely handbook features contributions from leading pioneers and younger scholars, applying a gendered lens to constitution-making and design, constitutional practice and citizenship, and constitutional challenges to gender equality rights and values. It offers a gendered perspective on the constitutional text and record of multiple jurisdictions, from the long-established, to the world’s newly emerging democracies. Constitutions and Gender portrays a profound shift in our understanding of what constitutions stand for and what they do.

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  Time Off for Good Behavior, in The Encyclopedia of Corrections (Kent R. Kerley ed., 2017)

  Nora V. Demleitner

  A comprehensive, up-to-date, and authoritative two volume reference work for the fields of corrections and criminal justice featuring over 280 detailed scholarly entries

  • Assembles a global team of experts from within their respective fields under the guidance of Editor-in-Chief Kent R. Kerley
  • Provides comprehensive coverage of key topics in corrections, including history, trends and types of punishment, correctional theory, policy, and law
  • Summarizes the latest theory and practice in major topical areas such as sentencing, community corrections, jails and prisons, special populations, women, juveniles, treatment, prisoner reentry, and the death penalty
  • Brings together cutting-edge examples from criminal justice systems throughout the US and around the world to provide an essential go-to resource for students, scholars, and researchers

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  "And Where the Offence Is, Let the Great Axe Fall": Sentencing Under International Criminal Law, in International Criminal Law in Context (Phillipp Kastner ed., 2017)

  Mark A. Drumbl

  International Criminal Law in Context provides a critical and contextual introduction to the fundamentals of international criminal law. It goes beyond a doctrinal analysis focused on the practice of international tribunals to draw on a variety of perspectives, capturing the complex processes of internationalisation that criminal law has experienced over the past few decades.

  The book considers international criminal law in context and seeks to account for the political and cultural factors that have influenced – and that continue to influence – this still-emerging body of law. Considering the substance, procedures, objectives, justifications and impacts of international criminal law, it addresses such topics as:

  • the history of international criminal law;

  • the subjects of international criminal law;

  • transitional justice and international criminal justice;

  • genocide, crimes against humanity, war crimes and the crime of aggression;

  • sexual and gender-based crimes;

  • international and hybrid criminal tribunals;

  • sentencing under international criminal law; and

  • the role of victims in international criminal procedure.

  The book will appeal to those who want to study international criminal law in a critical and contextualised way. Presenting original research, it will also be of interest to scholars and practitioners already familiar with the main legal and policy issues relating to this body of law.

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  Emil Stanislaw Rappaport, in Dictionnaire Encyclopédique de la Justice Pénale Internationale (Olivier Beauvallet ed., 2017)

  Mark A. Drumbl

  Explorez l'univers de la justice pénale internationale à travers plus de 200 entrées thématiques, réunies au sein d'une somme inédite !

  Toute la justice pénale internationale dans les mains. Si notre époque a connu les pires atrocités, elle a également entendu les punir et les prévenir. Face aux atrocités, l’injustice est devenu criante et la lutte contre l’impunité une priorité.

  Ce dictionnaire présente les innombrables facettes (juridique, historique, politique, sociologique, diplomatique, stratégique, psychologique, …) de ce nouveau monde du droit. Il explore comment à La Haye, Arusha ou Phnom Penh, notamment, la justice est rendue pour des crimes dont l’ampleur heurte la conscience des hommes où qu’ils se trouvent sur la planète.

  Qu’est-ce qu’un crime de masse ? Comment juge-t-on ces affaires ? Que s’est-il passé à Nuremberg ? Qu’est-ce qu’un conflit armé et quelles en sont les différentes catégories ? Que nous apprend la psychologie sur la personnalité des auteurs de crime contre l’humanité ? Comment sont les traités les détenus ? Quelle est la place des victimes ? Pourquoi la mémoire des crimes ? Quelles nouvelles formes de criminalité ? Quel bilan ?

  D’accès simple et pratique, sans jamais sacrifier la valeur du contenu, ce dictionnaire présente en près de 250 textes courts, les essentiels de la justice des crimes contre l’humanité.

  De très nombreux juges et procureurs dans ces tribunaux internationaux ont participé à cet ouvrage qui associe également juristes, historiens, diplomates, philosophes, psychologues, parmi les meilleurs experts.