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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., 2014)

  Mark A. Drumbl

  Genocide and Gender in the Twentieth Century brings together a collection of some of the finest Genocide Studies scholars in North America and Europe to examine gendered discourses, practices and experiences of ethnic cleansing and genocide in the 20th century. It includes essays focusing on the genocide in Rwanda, the Armenian genocide in the Ottoman Empire, the Holocaust and ethnic cleansing and genocide in the former Yugoslavia. The book looks at how historically- and culturally-specific ideas about reproduction, biology, and ethnic, national, racial and religious identity contributed to the possibility for and the unfolding of genocidal sexual violence, including mass rape. The book also considers how these ideas, in conjunction with discourses of femininity and masculinity, and understandings of female and male identities, contributed to perpetrators' tools and strategies for ethnic cleansing and genocide, as well as victims' experiences of these processes. This is an ideal text for any student looking to further understand the crucial topic of gender in genocide studies.

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  The United States Tax Court: An Historical Analysis (2d ed. 2014)

  Harold Dubroff and Brant J. Hellwig

  The second edition leaves largely intact the first four Parts of the original text, which provide a remarkably detailed history of the creation of Board of Tax Appeals through the congressional chartering of the United States Tax Court as a court of record established under article I of the Constitution. Part V is a new chapter devoted to the judicial consideration of the Tax Court’s constitutional status that culminated in the Supreme Court’s 1991 decision in Freytag v. Commissioner.

  Whereas the original text addressed procedural matters following the discussion of the historical development of the Court, the second edition at this point turns to an examination of the Court’s jurisdiction. This portion of the text represents the largest source of new material. In addition to incorporating various aspects of the supplemental articles authored by Professor Dubroff in the 1980s, the second edition details the numerous ways in which Congress has expanded the Tax Court’s jurisdiction in recent times. Whereas the original text devoted a single, lengthy chapter to the Tax Court’s jurisdiction, the second edition breaks this material into three chapters. Part VI addresses foundational aspects of the Court’s jurisdiction, such as its deficiency and refund jurisdiction. Part VII examines a number of innovations in the Tax Court’s jurisdiction that, broadly speaking, are intended to improve the efficiency of tax litigation. Lastly, Part VIII explores the jurisdiction of the Tax Court to review the administration of a variety of recently created taxpayer rights.

  Following the examination of the Tax Court’s jurisdiction, the second edition turns to a discussion of Tax Court procedure. Part IX is devoted to pretrial matters, Part X to trial procedure, and Part XI to post-trial considerations. Part XII is a new chapter devoted to the position of the Special Trial Judge. Part XIII concludes by addressing the various means by which the Court provides institutional support to self-represented taxpayers.

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  Corporations and the Law, in Wiley Encyclopedia of Management (Cary L. Cooper ed., 3d ed. 2014)

  Lyman P.Q. Johnson

  Now in its third edition, this multi-volume Encyclopedia of Management has been revised and updated to chart the major developments that have occurred in: digital technologies; ethics and governance-related issues; innovation; emerging markets; organizational networks; and new avenues of sustainable business growth.

  • Provides comprehensive coverage of the field of management in one a landmark work of reference for scholars, students and professionals
  • Now features two entirely new volumes on Technology & Innovation and Management Research Methodology
  • The online edition links to the wider literature and to handbooks and journals in the field

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  Dynamic, Viruous Fiduciary Regulation, in Festschrift zu Ehren von Christian Kirchner: Recht im Ökonomischen Kontext (Wulf A. Kaal ed., 2014)

  Lyman P.Q. Johnson

  This Festschrift for Christian Kirchner honors an exceptional teacher and researcher on his 70th birthday who made a vital contribution to the development of modern business law, in particular to competition law and regulatory law, during the course of his career, which encompassed law as well as economics. After his sudden death this volume is dedicated to his memory. Numerous well-known authors from Germany as well as Switzerland, the USA and Asia have contributed to this Festschrift as friends, companions, students and colleagues. The articles deal with problems related to the pivotal areas in which Christian Kirchner worked. They focus on business and corporate law, cartel law, law and economics of regulation as well as institutional economics. Most of them have a European or an international connection, and they are often written from an economic standpoint.

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  Foreword, in Tongue-Tied America: Reviving the Art of Verbal Persuasion (Robert N. Sayler & Molly Bishop Shadel, 2d ed. 2014)

  Timothy C. MacDonnell

  This concise, practical text focuses on the art and craft of persuasive oral argument. It explores why people are ill-at-ease with public speaking and addresses why the problem exists, why it matters, and what to do about it. The authors, teachers of oral advocacy who have broad trial experience as well, maintain that everyone can master basic oral advocacy, and they skillfully and in an engaging style guide the reader through the steps necessary to do so. Tongue-Tied America: Reviving the Art of Verbal Persuasion will make an excellent supplement to any Advocacy course, but anyone who ever speaks in front of other people formally or informally will find it an enlightening and valuable resource.

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  Criminal Procedure in Practice (4th ed. 2014)

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

  Now in its fourth edition, this book provides practical guidance for attorneys during each stage of a criminal case from the police investigation immediately following the crime to post-conviction reviews. The book interprets constitutional principles and case law, and provides commentary that applies to both the prosecution and defense in federal, state, or military courts.

  Some of the many complex topics this book covers: Standing • Fruit of the poisonous tree • Car stops • Privilege against self-incrimination • Eyewitness identification • Habeas corpus • Double jeopardy

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  Global Issues in Legal Ethics (2nd ed. 2014)

  James E. Moliterno and Paul D. Paton

  This book is designed to facilitate the introduction of international, transnational, and comparative law issues into a course on professional responsibility. As a supplement, the book can be assigned or recommended as optional reading in an otherwise domestic-only course. The book can also be the main text for a summer-abroad or other compressed course in comparative lawyer ethics course. The book is very accessible for law students and their professors. The chapters can be used in any combination and in any order. Each section ends with numerous hypotheticals that can be used to support class discussion or be the basis of student presentations.

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  Enforcement of Judgments and Liens in Virginia (3d ed. 2014)

  Doug Rendleman

  With the increasing emphasis on consumers’ rights and developments in federal debtor-creditor law, Enforcement of Judgments and Liens in Virginia helps the practicing lawyer solve frequently-occurring collection problems.

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  Sentencing Law and Policy: Cases, Statutes and Guidelines (3d ed. 2013)

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

  A leading text in criminal law, co-authored by leading scholars in the field, Sentencing Law and Policy draws from extensive sources to present a comprehensive overview of all aspects of criminal sentencing. Online integration with sentencing commissions, thorough treatment of current case law, and provocative notes and questions, stimulate students to consider connections between disparate institutions and examine the purposes and politics of the criminal justice system.

  The Third Edition has been updated to include recent developments in sentencing case law and provocative discussions of policy debates across a wide range of topics, including discretion in sentencing, race, death penalty abolition, state sentencing guidelines, second-look policies, the impact of new technologies, drug courts and much more.

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  Estate and Gift Taxation (2d ed. 2013)

  Brant J. Hellwig and Robert T. Danforth

  This Second Edition of Estate and Gift Taxation provides materials for a course on the U.S. transfer tax system, as it exists following enactment of the American Taxpayer Relief Act of 2012.

  Like other books in the Graduate Tax Series, this text is intended to serve as a complement to the study of the Internal Revenue Code and Regulations. Each of the 26 chapters contains an overview of the subject that is structured around an assignment to these primary authorities. Critical passages of important cases or rulings generally are limited to excerpts in the overview, and edited opinions of seminal decisions appear on only a handful of occasions. Each chapter closes with a series of complex, practice-oriented problems that require students to spot and resolve issues in the context of realistic hypotheticals that could be encountered in an estate planning practice.

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  Emanuel CrunchTime for Professional Responsibility (4th ed. 2013)

  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 (4th ed. 2013)

  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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  Experiencing Civil Procedure (2013)

  James E. Moliterno

  This is the first primary Civil Procedure course book 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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  The Privacy Interests in Anonymous Blogging, in Amateur Media: Social, Cultural and Legal Perspectives (Dan Hunter et al. eds., 2013)

  Brian C. Murchison

  The rise of Web 2.0 has pushed the amateur to the forefront of public discourse, public policy and media scholarship. Typically non-salaried, non-specialist and untrained in media production, amateur producers are now seen as key drivers of the creative economy. But how do the activities of citizen journalists, fan fiction writers and bedroom musicians connect with longer traditions of extra-institutional media production?

  This edited collection provides a much-needed interdisciplinary contextualisation of amateur media before and after Web 2.0. Surveying the institutional, economic and legal construction of the amateur media producer via a series of case studies, it features contributions from experts in the fields of law, economics and media studies based in the UK, Europe and Singapore. Each section of the book contains a detailed case study on a selected topic, followed by two further pieces providing additional analysis and commentary. Using an extraordinary array of case studies and examples, from YouTube to online games, from subtitling communities to reality TV, the book is neither a celebration of amateur production nor a denunciation of the demise of professional media industries. Rather, this book presents a critical dialogue across law and the humanities, exploring the dynamic tensions and interdependencies between amateur and professional creative production. This book will appeal to both academics and students of intellectual property and media law, as well as to scholars and students of economics, media, cultural and internet studies.

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  Rejecting Property Rules-Liability Rules for Boomer's Nuisance Remedy: The Last Tour You Need of Calabresi and Melamed's Cathedral, in Remedies and Property (Russell Weaver & François Lichère eds., 2013)

  Doug Rendleman

  The seventh Remedies Discussion Forum was held at the University of Aix-Marseille Faculty of Law, Aix, France, on June 20-21, 2012. The purpose of the forum was to bring together a small group of prominent remedies scholars to discuss matters of common interest. For 2012, there were two topics : "remedies as applied to property issues". Second, convergences and divergences between common law and civil law systems in the field of property." This book contains most of the papers Chat were presented during the Forum.

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  Reforming the Third Year of Law School, in Reforming Legal Education: Law Schools at the Crossroads (David M. Moss & Debra Moss Curtis eds., 2012)

  Lyman P.Q. Johnson, Robert T. Danforth, and David K. Millon

  In today’s volatile law school environment, curriculum reform has emerged as a significant focus. It is commonly understood that law schools effectively teach certain analytical skills, but are less successful in other areas, and often scramble to adapt to evolving aims. This book demonstrates how law schools are successfully reforming their curriculum - and lays the framework to show how all schools of law can engage in a continuous reform model that proactively shapes our profession. It is expected that faculty and professional staff engaged in legal education will utilize this book as a primary resource to guide their respective reform efforts. Each contributed chapter presents a case study of a data-driven curriculum reform effort. The initial chapters set the conceptual context for the book, while the final chapter offers summative recommendations for considering legal education reform as derived from the earlier case study chapters. This book adds significantly to the literature in legal education, as we gain first hand insight into evidence based reform for the legal education community.

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  Procedural Justice, Collateral Consequences, and the Adjudication of Misdemeanors, in The Prosecutor in Transnational Perspective (Erik Luna & Marianne Wade eds., 2012)

  John D. King

  The American prosecutor plays a powerful role in the judicial system, wielding the authority to accept or decline a case, choose which crimes to allege, and decide the number of counts to charge. These choices, among others, are often made with little supervision or institutional oversight. This prosecutorial discretion has prompted scholars to look to the role of prosecutors in Europe for insight on how to reform the American system of justice. In The Prosecutor in Transnational Perspective, Erik Luna and Marianne Wade, through the works of their contributors coupled with their own analysis, demonstrate that valuable lessons can be learned from a transnational examination of prosecutorial authority. They examine both parallels and distinctions in the processes available to and decisions made by prosecutors in the United States and Europe. Ultimately, they demonstrate how the enhanced role of the prosecutor represents a crossroads for criminal justice with weighty legal and socio-economic consequences.

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  Class Actions and Other Multi-Party Litigation: Cases and Materials (3d ed. 2012)

  Robert H. Klonoff, Edward K. Bilich, and Suzette M. Malveaux

  Klonoff, Bilich and Malveaux’ Class Actions and Other Multiparty Litigation, Cases, and Materials focuses on one of the most important and dynamic areas of modern federal civil practice: aggregate-party litigation, particularly class actions. The book covers the latest groundbreaking Supreme Court cases involving employment discrimination, arbitration, and securities fraud. This casebook: Provides cutting-edge cases Explores litigation strategies used by practitioners Examines the theories underlying complex, multiparty litigation As such, this book is ideal for scholars, lawyers, and students.

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  The Constitutional Jurisprudence of the Federal Republic of Germany (3d ed. 2012)

  Donald P. Kommers and Russell A. Miller

  First published in 1989, The Constitutional Jurisprudence of the Federal Republic of Germany has become an invaluable resource for scholars and practitioners of comparative, international, and constitutional law, as well as of German and European politics. The third edition of this renowned English-language reference has now been fully updated and significantly expanded to incorporate both previously omitted topics and recent decisions of the German Federal Constitutional Court. As in previous editions, Donald P. Kommers and Russell A. Miller's discussions of key developments in German constitutional law are augmented by elegantly translated excerpts from more than one hundred German judicial decisions.

  Compared to previous editions of The Constitutional Jurisprudence of the Federal Republic of Germany, this third edition more closely tracks Germany's Basic Law and, therefore, the systematic approach reflected in the most-respected German constitutional law commentaries. Entirely new chapters address the relationship between German law and European and international law; social and economic rights, including the property and occupational rights cases that have emerged from Reunification; jurisprudence related to issues of equality, particularly gender equality; and the tension between Germany's counterterrorism efforts and its constitutional guarantees of liberty. Kommers and Miller have also updated existing chapters to address recent decisions involving human rights, federalism, European integration, and religious liberty.

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  Prosecuting in the Military, in The Prosecutor in Transnational Perspective (Erik Luna & Marianne Wade eds., 2012)

  Timothy C. MacDonnell

  The American prosecutor plays a powerful role in the judicial system, wielding the authority to accept or decline a case, choose which crimes to allege, and decide the number of counts to charge. These choices, among others, are often made with little supervision or institutional oversight. This prosecutorial discretion has prompted scholars to look to the role of prosecutors in Europe for insight on how to reform the American system of justice. In The Prosecutor in Transnational Perspective, Erik Luna and Marianne Wade, through the works of their contributors coupled with their own analysis, demonstrate that valuable lessons can be learned from a transnational examination of prosecutorial authority. They examine both parallels and distinctions in the processes available to and decisions made by prosecutors in the United States and Europe. Ultimately, they demonstrate how the enhanced role of the prosecutor represents a crossroads for criminal justice with weighty legal and socio-economic consequences.

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  In Chambers: Stories of Supreme Court Law Clerks and Their Justices (Todd C. Peppers & Artemus Ward eds., 2012)

  Todd C. Peppers

  Written by former law clerks, legal scholars, biographers, historians, and political scientists, the essays in In Chambers tell the fascinating story of clerking at the Supreme Court. In addition to reflecting the personal experiences of the law clerks with their justices, the essays reveal how clerks are chosen, what tasks are assigned to them, and how the institution of clerking has evolved over time, from the first clerks in the late 1800s to the clerks of Justice Ruth Bader Ginsburg and Chief Justice William Rehnquist.

  In Chambers offers a variety of perspectives on the unique experience of Supreme Court clerks. Former law clerks—including Alan M. Dershowitz, Charles A. Reich, and J. Harvie Wilkinson III—write about their own clerkships, painting vivid and detailed pictures of their relationships with the justices, while other authors write about the various clerkships for a single justice, putting a justice's practice into a broader context. The book also includes essays about the first African American and first woman to hold clerkships. Sharing their insights, anecdotes, and experiences in a clear, accessible style, the contributors provide readers with a rare glimpse into the inner workings of the Supreme Court.

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  Women’s Rights, Customary Law and the Promise of the Protocol on the Rights of Women in Africa, in The Future of African Customary Law (Jeanmarie Fenrich et al. eds., 2011)

  Johanna E. Bond

  Customary laws and traditional institutions in Africa constitute comprehensive legal systems that regulate the entire spectrum of activities from birth to death. Once the sole source of law, customary rules now exist in the context of pluralist legal systems with competing bodies of domestic constitutional law, statutory law, common law, and international human rights treaties. The Future of African Customary Law is intended to promote discussion and understanding of customary law and to explore its continued relevance in sub-Saharan Africa. This volume considers the characteristics of customary law and efforts to ascertain and codify customary law, and how this body of law differs in content, form, and status from legislation and common law. It also addresses a number of substantive areas of customary law including the role and power of traditional authorities; customary criminal law; customary land tenure, property rights, and intestate succession; and the relationship between customary law, human rights, and gender equality.

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  The Probate Estate: Planning and Adminsitration, in The ABA Practical Guide to Estate Planning (Jay A. Soled ed., 2011)

  Robert T. Danforth

  The ABA Practical Guide to Estate Planning will help guide clients to an effective estate plan to fit their needs. For both the novice and experienced estate planning practitioner, this practical guide offers sound advice from leading estate planners around the country who share their knowledge and expertise so that you don't miss a step in the process.

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  Skills & Values: Federal Income Taxation (2011)

  Michelle Lyon Drumbl and Deborah S. Kearns

  Each chapter in Skills & Values: Federal Income Taxation addresses a specific topic covered in most introductory Tax law school courses. The chapters begin with an introduction to help bridge the gap between the actual practice of law and the doctrine and theory studied in class. Students will then have the opportunity to engage in active, "hands on" learning by working through a stand-alone exercise that simulates a real-life legal dilemma. The exercises are as authentic as possible, incorporating materials such as IRS forms, schedules, and publications; wage and income transcripts; deficiency notices; correspondence; judicial opinions; statutes; and revenue rulings. The self-assessment tools suggests ways that a practicing attorney might have approached each exercise. It is not meant to provide "the answer," but to identify issues and strategies students should have considered in order to effectively represent a client.

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  Practice Before the IRS and Professional Responsibility in Tax Practice, in Effectively Representing Your Client Before the IRS (T. Keith Fogg ed., 5th ed. 2011)

  Michelle Lyon Drumbl and Jennifer Mueller

  Published by the American Bar Association Section of Taxation and now in its 5th Edition, this bestselling title is a comprehensive collection of everything a tax professional needs to know when dealing with the IRS. Written by some of the most experienced tax controversy lawyers in the United States, it not only provides an in-depth discussion of the law, but is replete with realistic examples and hundreds of practice tips to aid practitioners in all stages of representation before the IRS in controversy matters, including exam, appeals, Tax Court, refund actions, collection matters, and more. The two-volume reference also includes a companion CD-ROM and particularly timely new material on resolving identity theft matters, assisting military clients, and assisting victims of disasters.