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CITIZENME: What Laura Poitras Got Wrong About the NSA-Affair, in Privacy and Power: A Transatlantic Dialogue in the Shadow of the NSA-Scandal (Russell A. Miller ed., 2017)
Russell A. Miller and Stephen Chovanec
Edward Snowden's leaks exposed fundamental differences in the ways Americans and Europeans approach the issues of privacy and intelligence gathering. Featuring commentary from leading commentators, scholars and practitioners from both sides of the Atlantic, the book documents and explains these differences, summarized in these terms: Europeans should 'grow up' and Americans should 'obey the law'. The book starts with a collection of chapters acknowledging that Snowden's revelations require us to rethink prevailing theories concerning privacy and intelligence gathering, explaining the differences and uncertainty regarding those aspects. An impressive range of experts reflect on the law and policy of the NSA-Affair, documenting its fundamentally transnational dimension, which is the real location of the transatlantic dialogue on privacy and intelligence gathering. The conclusive chapters explain the dramatic transatlantic differences that emerged from the NSA-Affair with a collection of comparative cultural commentary.
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Experiencing Civil Procedure (2d ed. 2017)
James E. Moliterno
This is the first primary text for a Civil Procedure course to incorporate skills assignments into the book. 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. Sample documents from real cases are also included. 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. The book contains the statutes, rules, and edited cases that are the staples of traditional Civil Procedure casebooks, incorporating them into an experiential learning approach.
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A Courageous Fool: Marie Deans and Her Struggle Against the Death Penalty (2017)
Todd C. Peppers and Margaret A. Anderson
There have been many heroes and victims in the battle to abolish the death penalty, and Marie Deans fits into both of those categories. A South Carolina native who yearned to be a fiction writer, Marie was thrust by a combination of circumstances--including the murder of her beloved mother-in-law--into a world much stranger than fiction, a world in which minorities and the poor were selected to be sacrificed to what Supreme Court Justice Harry Blackmun called the "machinery of death."
Marie found herself fighting to bring justice to the legal process and to bring humanity not only to prisoners on death row but to the guards and wardens as well. During Marie's time as a death penalty opponent in South Carolina and Virginia, she experienced the highs of helping exonerate the innocent and the lows of standing death watch in the death house with thirty-four condemned men.
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Fundamentals of Business Enterprise Taxation: Cases and Materials (6th ed. 2017)
Stephen Schwarz, Daniel Lathrope, and Brant J. Hellwig
Offered as an alternative to the authors’ widely used separate texts on corporate and partnership tax, the Sixth Edition of this comprehensive casebook continues its tradition of providing an integrated approach to teaching the “fundamentals” of a highly complex subject with clear and engaging explanatory text, skillfully drafted problems, selective discussion of tax policy issues, and a rich mix of original source materials to accompany the Code and regulations. Important highlights of the Sixth Edition include:
- Coverage of all significant C corporation and partnership developments since the last edition, including the impact of the now permanent higher marginal individual tax rates and the 3.8% net investment income tax; new legislation blocking tax-free spin-offs of REITs; final regulations on § 336(e) elections, Type F reorganizations, noncompensatory options, and partnership allocations where interests change during the year; and new proposed regulations on § 355 corporate divisions, partnership liabilities, § 751(b) disproportionate distributions, and disguised payments for services as applied to investment management fee waivers and similar strategies to convert ordinary income to capital gain.
- Updated and reorganized discussion of the continuity of proprietary interest doctrine in tax-free reorganizations.
- Integrated materials related to compensating the service partner in a new and fully updated self-standing chapter.
- Shorter separate chapters on partnership allocations, allocation of partnership liabilities, income-shifting safeguards, partner-partnership property transactions, liquidating distributions, and partnership terminations and mergers.
- A new case (Canal Corporation v. Commissioner) illustrating a successful IRS attack on the debt-financed distribution gain deferral strategy.
- Updated discussion of business enterprise tax policy issues, including a new overview of issues affecting U.S. multinational corporations, the latest prospects and options for comprehensive tax reform, and the ongoing debate on taxing partnership “carried interests.”
- A completely updated chapter on S corporations, incorporating temporary Code provisions made permanent and final regulations on the basis of indebtedness of S corporations to their shareholders, and expanded coverage of employment tax issues affecting S corporation owners who are active in the business.
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Fundamentals of Partnership Taxation: Cases and Materials (10th ed. 2017)
Stephen Schwarz, Daniel Lathrope, and Brant J. Hellwig
The Tenth Edition of this widely used casebook continues its long tradition of teaching the “fundamentals” of a highly complex subject with clear and engaging explanatory text, skillfully drafted problems, and a rich mix of original source materials to accompany the Code and regulations. Important highlights of the Tenth Edition include:
- Coverage of all significant developments since the last edition, including the impact on choice of business entity of the now permanent higher marginal individual tax rates and the 3.8% tax on net investment income tax; final regulations on noncompensatory options and partnership allocations where interests change during the year; and new proposed regulations on partnership liabilities, § 751(b) disproportionate distributions, and disguised payments for services as applied to investment management fee waivers and similar strategies to convert ordinary income to capital gain.
- Reorganized and integrated materials related to compensating the service partner in a new and fully updated self-standing chapter.
- Shorter separate chapters on partnership allocations, allocation of partnership liabilities, income-shifting safeguards, partner-partnership property transactions, liquidating distributions, and partnership terminations and mergers.
- Updated discussion of tax policy issues affecting partnerships, including prospects and options for business tax reform and the continuing debate on taxing “carried interests.”
- A new case (Canal Corporation v. Commissioner) illustrating a successful IRS attack on the debt-financed distribution gain deferral strategy.
- S corporation developments, including temporary Code provisions made permanent; final regulations on the basis of indebtedness of S corporations to their shareholders; and expanded coverage of employment tax issues affecting S corporation owners who are active in the business.
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The State, Parents, Schools, Culture Wars, and Modern Technologies: Challenges under the U.N. Convention on the Rights of the Child, in The Rights of the Child in a Changing World: 25 Years after The UN Convention on the Rights of the Child (Olga Jančić Cvejić ed., 2016)
Nora V. Demleitner
This book deals with the implementation of the rights of the child as enshrined in the Convention on the Rights of the Child in 21 countries from Europe, Asia, Australia, and the USA. It gives an overview of the legal status of children regarding their most salient rights, such as the implementation of the best interest principle, the right of the child to know about of his/her origin, the right to be heard, to give medical consent, the right of the child in the field of employment, religious education of children, prohibition of physical punishment, protection of the child through deprivation of parental rights and in the case of inter-country adoption.
In the last 25 years since the Convention on the Rights of the Child was adopted, many States Parties to the Convention have made great efforts to pass legislation regulating the rights of the child, in their commitment to the improvement of the legal status of the child. However, is that enough for any child to live better, safer, and healthier? What are the practical effects of this international as well as many national instruments in the everyday life of children? Have there been any outcomes in terms of improvement of their status around the world, and improvement of the conditions under which they live, since the Convention entered into force? In tackling these questions, this work presents a comparative overview of the implementation of the Convention, and evaluates the results achieved.
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Punishment and Sentencing, in Cambridge Companion to International Criminal Law (William A. Schabas ed., 2016)
Mark A. Drumbl
This comprehensive introduction to international criminal law addresses the big issues in the subject from an interdisciplinary perspective. Expert contributors include international lawyers, judges, prosecutors, criminologists and historians, as well as the last surviving prosecutor of the Nuremberg Trials. Serving as a foundation for deeper study, each chapter explores key academic debates and provides guidelines for further reading. The book is organized around several themes, including institutions, crimes and trials. Purposes and principles place the discipline within a broader context, covering the relationship with human rights law, transitional justice, punishment and the imperatives of peace. Several tribunals are explored in depth, as are many emblematic trials. The book concludes with perspectives on the future.
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Sentencing and Penalties, in The Elgar Companion to the International Criminal Tribunal for Rwanda (Anne-Marie de Brouwer & Alette Smeuler eds., 2016)
Mark A. Drumbl
The Elgar Companion to the International Criminal Tribunal for Rwanda is a one-stop reference resource on this complex tribunal, established in the aftermath of the 1994 genocide in Rwanda, which closed its doors on 31 December 2015. This Companion provides an insightful account of the workings and legacy of the ICTR in the field of international criminal justice. Surveying and analysing the contributions from different disciplinary angles, the Companion is comprised of four comprehensive parts. It begins with a detailed account of the establishment of the ICTR, covering the setting up of the tribunal, its mandate, structure and personnel. The second part explores substantive law and examines issues such as genocide, crimes against humanity, war crimes, sexual violence and modes of liability. The third part discusses procedural law and explores investigation, arrest, trial/appeal, evidence, rights of the accused, rights of victims and sentencing. It concludes with the fourth part, which considers the contribution of the ICTR to international criminal justice, as well as to the lives of Rwandans. An important contribution to the jurisprudence of international criminal courts, the Companion will appeal to academics, students and legal practitioners alike. It will be fascinating reading for anyone interested in international criminal law or the recent history of Rwanda.
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The Re-Configuring of Revlon, in Research Handbook on Mergers and Acquisitions (Claire A. Hill & Steven Davidoff Solomon eds., 2016)
Lyman P.Q. Johnson
Global in scope and written by leading scholars in the field, the Research Handbook on Mergers and Acquisitions is a modern-day survey providing cutting edge analysis of the state of Mergers and Acquisitions (M&A) using history, theory, and empirical work. It also offers a theoretical framework for future research and development in the field. The Handbook's detailed chapters explore the history of M&A, considering the theory behind the structure of modern transaction documentation. The expert contributors also address other key M&A issues, such as takeover defenses; judges and practitioners' perspectives on litigation; the appraisal remedy and other aspects of federal and state law, as well as M&A considerations in the structure of start-ups. The Handbook’s coverage is novel, as well as broad, broaching comparative issues and shareholder activism in addition to more traditional areas. This Research Handbook will be an invaluable resource for scholars, practitioners, judges and legislators, as well as for anyone researching M&A in general.
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Double Sentence: The Consequences Incarcerated Mothers Face and the Impact on Their Children, in The State of Criminal Justice 2016 (Mark E. Wojcik ed., 2016)
Carla Laroche, Lauren Donaldson, and Navneet Jaswal
Published annually, The State of Criminal Justice serves as a resource for policymakers, academics and students of the criminal justice system alike. The book provides a snapshot of major developments in the criminal justice system during 2015 and a preview of developments in 2016.
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Gilbert Law Summaries: Criminal Procedure (19th ed. 2016)
Paul Marcus and Melanie D. Wilson
The topics covered in this criminal procedure outline are the exclusionary rule, arrests and other detentions, search and seizure, privilege against self-incrimination, confessions, and preliminary hearing. Discusses bail, indictment, speedy trial, competency to stand trial, government's obligation to disclose information, right to jury trial, and right to counsel. Also includes right to confront witnesses, burden of proof, insanity, entrapment, guilty pleas, sentencing, death penalty, ex post facto issues, appeal, habeas corpus, juvenile offenders, prisoners' rights, and double jeopardy.
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Intelligence Oversight: Made in Germany, in Global Intelligence Oversight: Governing Security in the Twenty-First Century (Zachary K. Goldman & Samuel J. Rascoff eds., 2016)
Russell A. Miller
Global Intelligence Oversight is a comparative investigation of how democratic countries can govern their intelligence services so that they are effective, but operate within frameworks that are acceptable to their people in an interconnected world. The book demonstrates how the institutions that oversee intelligence agencies participate in the protection of national security while safeguarding civil liberties, balancing among competing national interests, and building public trust in inherently secret activities. It does so by analyzing the role of courts and independent oversight bodies as they operate in countries with robust constitutional frameworks and powerful intelligence services. The book also illuminates a new transnational oversight dynamic that is shaping and constraining security services in new ways. It describes how global technology companies and litigation in transnational forums constitute a new form of oversight whose contours are still undefined. As rapid changes in technology bring the world closer together, these forces will complement their more traditional counterparts in ensuring that intelligence activities remain effective, legitimate, and sustainable.
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Emanuel CrunchTime for Professional Responsibility (5th ed. 2016)
James E. Moliterno
When it’s exam time you need the right information in the right format to study efficiently and effectively. Emanuel® CrunchTime is the perfect tool for exam studying. With flowcharts and capsule summaries of major points of law and critical issues, as well as exam tips for identifying common traps and pitfalls, sample exam and essay questions with model answers – you will be prepared for your next big test.
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Emanuel Law Outlines for Professional Responsibility (5th ed. 2016)
James E. Moliterno
The most trusted name in law school outlines, Emanuel Law Outlines were developed while Steve Emanuel was a student at Harvard Law and were the first to approach each course from the point of view of the student. Invaluable for use throughout your course and again at exam time, Emanuel Law Outlines are well-correlated to all major casebooks to help you to create your own outlines. Sophisticated yet easy to understand, each guide includes both capsule and detailed explanations of critical issues, topics, and black letter law you must know to master the course. Quiz Yourself Q&As, Essay Q&As, and Exam Tips give you ample opportunity to test your knowledge throughout the semester and leading up to the exam. Every title in the series is frequently updated and reviewed against new developments and recent cases covered in the leading casebooks. Emanuel Law Outlines provide a comprehensive breakdown of the law, more sweeping than most, for your entire study process.
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Is Transparency the Answer? Reconciling the Fiduciary Duties of Public Pension Plans and Private Funds, in 2016 Private Fund Report: Public Pension Plans and Private Funds - Common Goals, Conlicting Interests (2016)
Cary Martin Shelby
Public pension plans manage over $3 trillion in assets on behalf of millions of state and local government workers across the country. The trustees of such plans (“Trustees”) invest the bulk of these assets into a variety of equities and bonds, with the hopes of earning sufficient returns to finance the retirement of these countless public sector workers. In recent years however, Trustees have grown more creative in selecting their underlying investment allocations. Alternative investments, such as hedge funds and private equity funds for example provide unique opportunities for Trustees to maximize returns, protect against declining markets, and to diversify their underlying portfolios.
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Domestic Violence in Africa: Lessons for the Global North, in Comparative Perspectives on Domestic Violence: Lessons from Efforts Worldwide (Rashmi Goel & Leigh Goodmark eds., 2015)
Johanna E. Bond and Elizabeth E. Bruch
The United States has uncritically exported its law and policy on gender violence without regard to effectiveness or cultural context, and without asking what we might learn from efforts to combat gender violence in the rest of the world. This book asks that question. Comparative Perspectives on Gender Violence: Lessons From Efforts Worldwide documents the global scope of gender violence, from countries where the legal response is just emerging to countries with longstanding law and policy regimes. Informed by international human rights law, Comparative Perspectives on Gender Violence examines policy successes and failures and grassroots efforts to elicit a robust and proactive response from China to Chile. From the work of local activists to stem the tide of sexual and intimate partner violence after the Haitian earthquake of 2005, to the efforts to eradicate dowry-related violence in India, to the public education campaigns to prevent domestic violence in Scotland, Comparative Perspectives on Gender Violence offers a comprehensive vision of efforts around the world to eradicate gender based violence. Featuring the work of leading gender violence academics and activists around the world, Comparative Perspectives on Gender Violence provides a new lens through which to consider U.S. efforts to address gender violence.
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Legal Education in the United States: Reflecting Societal Changes and Challenges Yesterday and Today, in Vision of Legal Education (Nilendra Kumar ed., 2015)
Nora V. Demleitner
This book indicates the challenges and demands from the legal education and also the desired process of its attainment. It is expected to serve as a blue print and road map for tens of thousand of law colleges and schools in India and beyond.
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Types of Punishment, in The Oxford Handbook on Criminal Law (Markus Dirk Dubber & Tatjana Hörnle eds., 2015)
Nora V. Demleitner
The Oxford Handbook of Criminal Law reflects the continued transformation of criminal law into a global discipline, providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field. To this end, the Handbook takes a broad approach to its subject matter, disciplinarily, geographically, and systematically. Its contributors include current and future research leaders representing a variety of legal systems, methodologies, areas of expertise, and research agendas. The Handbook is divided into four parts: Approaches & Methods (I), Systems & Methods (II), Aspects & Issues (III), and Contexts & Comparisons (IV). Part I includes essays exploring various methodological approaches to criminal law (such as criminology, feminist studies, and history). Part II provides an overview of systems or models of criminal law, laying the foundation for further inquiry into specific conceptions of criminal law as well as for comparative analysis (such as Islamic, Marxist, and military law). Part III covers the three aspects of the penal process: the definition of norms and principles of liability (substantive criminal law), along with a less detailed treatment of the imposition of norms (criminal procedure) and the infliction of sanctions (prison or corrections law). Contributors consider the basic topics traditionally addressed in scholarship on the general and special parts of the substantive criminal law (such as jurisdiction, mens rea, justifications, and excuses). Part IV places criminal law in context, both domestically and transnationally, by exploring the contrasts between criminal law and other species of law and state power and by investigating criminal law's place in the projects of comparative law, transnational, and international law.
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When Helpers Hurt: Protecting Taxpayers from Their Return Preparers, in Ethical Duties to the Tax System: A Handbook (Scott A. Schumacher & Michael Hatfield eds., 2015)
Michelle Lyon Drumbl
Contains a collection of papers presented at the University of Washington School of Law's October 2013 symposium on Duties to the Tax System.
Contents: Part I. Symposium articles. Committee opinions and treasury regulation: tax lawyer ethics, 1965-1985 / Michael Hatfield -- Administering the tax system we have / Kristin E. Hickman -- IRS tea party controversy and administrative discretion / Lily Kahng -- Can the IRS effectively regulate the quality of tax planning advice / Michael Lang -- Loving and legitimacy: IRS regulation of tax return preparation / Steve R. Johnson / After loving: how much of treasury circular 230 will survive / Steve R. Johnson -- When helpers hurt : protecting taxpayers from their return preparers / Michelle L. Drumbl -- Vox clamantis in deserto : the role of the individual in forging a strong duty to the tax system / Richard Lavoie -- Part II. 1945-1965 the era of patriotism and civic duty. Responsibilities of the tax adviser / Randolph E. Paul -- Ethical problems of tax practitioners: transcript of the law review's 1952 banquet -- Morality in tax planning / Merle H. Miller -- Tax practitioner's duty to his client and his government / Norris Darrell -- What is good tax practice : a panel discussion -- Professional responsibility in Federal tax practice / Boris I. Bittker -- Part 3. Tax avoidance and the ABA. Avoidance dynamic: a tale of tax planning, tax ethics, and tax reform / George Cooper -- Report of the Special Task Force on Formal Opinion 85-352 / Paul J. Sax, James P. Holden, Theodore Tannenwald Jr., David E Watts, Bernard Wolfman-- Part 4. War on tax shelters. Tax lawyers, ethical obligations, and the duty to the system / Camilla E. Watson -- Sheltering lawyers: the organized tax bar and the tax shelter industry / Tanina Rostain -- Enlisting the tax bar / David M. Schizer Part 5. Primary source materials. Circular 230 -- ABA Opinion 314 (1965) -- ABA Opinions 85-352 -- IRC 6662, 6664, 6694.
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Practice Before the IRS and Professional Responsibility in Tax Practice, in Effectively Representing Your Client Before the IRS (6th ed. 2015)
Michelle Lyon Drumbl and Jennifer Mueller
Published by the American Bar Association Section of Taxation and now in its 6th 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 and general 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 your practice.
No tax professional should be without Effectively Representing Your Client Before the IRS―it is your go-to manual to successfully navigate the challenging maze of rules governing tax controversies.
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Understanding Estate and Gift Taxation (2015)
Brant J. Hellwig and Robert T. Danforth
Understanding Estate and Gift Taxation is new to the LexisNexis Understanding Series. This book is designed primarily for use by law students taking a course on the United States transfer tax system, i.e., a course on the estate, gift, and generation-skipping transfer taxes. The book consists of 26 chapters, each addressing one of the basic topics typically covered in a course on the transfer tax system, for example, the computation of estate, gift, and generation-skipping transfer taxes; the gift tax annual exclusion; the estate and gift tax marital deductions; the estate and gift tax implications of transfers with retained powers or interests; etc. Because the Internal Revenue Code and Treasury Regulations are the primary source materials for the transfer tax system, the book includes numerous excerpts of those provisions. Each chapter also includes summaries of the leading cases and IRS rulings, plus examples of how this area of the law applies to common fact patterns.
Understanding Estate and Gift Taxation is designed primarily for law students, but it is also intended to be useful to practitioners, including generalists who need a relatively brief summary of an estate and gift tax topic, beginning lawyers who intend to specialize in estate and gift taxation and estate planning, and experienced lawyers who wish to expand their practices into estate and gift taxation and estate planning. The book similarly would be useful to accountants who practice in these areas.
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Of Courtiers and Kings: More Stories of Supreme Court Law Clerks and Their Justices (Todd C. Peppers & Clare Cushman eds., 2015)
Todd C. Peppers
In Of Courtiers and Kings, Todd C. Peppers and Clare Cushman offer an intimate new look at the personal and professional relationships of law clerks with their justices. Going beyond the book’s widely acclaimed predecessor, I n Chambers, the vignettes collected here range from reflections on how serving as clerks at the Supreme Court impacted the careers of such justices as Stephen Breyer, Elena Kagan, William Rehnquist, John G. Roberts Jr., and John Paul Stevens to personal recollections written by parents and children who have both served as Supreme Court clerks. While individual essays often focus on a single justice and his or her corps of clerks—including how that justice selected and utilized the clerks—taken as a whole the volume provides a macro-level view of the evolution of the role of the Supreme Court law clerk. Drawing on a rich repository of such anecdotes, insights, and experience, the volume relates in a clear and accessible style how the clerking function has changed over time and what it is like for law clerks to be witnesses to history.
Offering a rare glimpse into a normally unseen world, Of Courtiers and Kings reveals the Court’s increasing reliance on law clerks and raises important questions about the selection, utilization, and influence of law clerks.
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Honour as Familial Value, in 'Honour' Killing and Violence: Theory, Policy and Practice (Aisha K. Gill et al. eds., 2014).
Johanna E. Bond
In this interdisciplinary collection leading experts and scholars from criminology, psychology, law and history provide a compelling analysis of practices and beliefs that lead to violence against women, men and children in the name 'honour'.
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Criminal Procedure (8th ed. 2014)
Joseph G. Cook, Paul Marcus, and Melanie D. Wilson
Criminal Procedure reflects a balanced blend of conventional casebook style, practice problems, concise text, and sample forms and documents that stresses the interplay of constitutional principles and practical considerations that confront both prosecution and defense attorneys. The organizational structure of previous editions is retained and three major subject areas are explored in depth include: Arrest, Search, and Seizure; Right to Counsel; and Confessions.
The book contains a host of new and quite fascinating materials related to recent decisions from the Supreme Court. Cases involving the construction of the good faith exception to the exclusionary rule, a rethinking of the car search doctrine, reaffirmation of the McNabb/Mallory rule, and numerous others, will contribute to interesting discussions with students.
This book is designed to promote a high-quality classroom experience. Lengthy Supreme Court decisions have been substantially edited, although the "flavor" of the constitutional views of the various Justices has been retained. The insertion of sample forms is intended to illustrate the manner in which Supreme Court edict has filtered down to work-a-day law enforcement and prosecution. Problems, for the most part extracted from lower court decisions, serve to demonstrate the vague parameters of Supreme Court pronouncements while providing the student with an engaging and practical approach to understanding, analyzing, and applying the doctrine.
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The Curious Criminality of Mass Atrocity: Diverse Actors, Multiple Truths, and Plural Responses, in Pluralism in International Criminal Law (Elies van Sliedregt & Sergey Vasiliev eds., 2014)
Mark A. Drumbl
Despite the growth in international criminal courts and tribunals, the majority of cases concerning international criminal law are prosecuted at the domestic level. This means that both international and domestic courts have to contend with a plethora of relevant, but often contradictory, judgments by international institutions and by other domestic courts. This book provides a detailed investigation into the impact this pluralism has had on international criminal law and procedure, and examines the key problems which arise from it. The work identifies the various interpretations of the concept of pluralism and discusses how it manifests in a broad range of aspects of international criminal law and practice. These include substantive jurisdiction, the definition of crimes, modes of individual criminal responsibility for international crimes, sentencing, fair trial rights, law of evidence, truth-finding, and challenges faced by both international and domestic courts in gathering, testing and evaluating evidence. Authored by leading practitioners and academics in the field, the book employs pluralism as a methodological tool to advance the debate beyond the classic view of 'legal pluralism' leading to a problematic fragmentation of the international legal order. It argues instead that pluralism is a fundamental and indispensable feature of international criminal law which permeates it on several levels: through multiple legal regimes and enforcement fora, diversified sources and interpretations of concepts, and numerous identities underpinning the law and practice. The book addresses the virtues and dangers of pluralism, reflecting on the need for, and prospects of, harmonization of international criminal law around a common grammar. It ultimately brings together the theories of legal pluralism, the comparative law discourse on legal transplants, harmonization, and convergence, and the international legal debate on fragmentation to show where pluralism and divergence will need to be accepted as regular, and even beneficial, features of international criminal justice.
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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