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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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  Collective Responsibility and Postconflict Justice, in Accountability for Collective Wrongdoing (Tracy Isaacs & Richard Vernon eds., 2011)

  Mark A. Drumbl

  How best to secure justice in the aftermath of mass atrocity? International criminal tribunals – and courtrooms and jailhouses generally – have emerged as influential accountability mechanisms. Yet the justice pursued by international criminal tribunals, although tangible, also is strikingly under-inclusive. These limitations suggest that adequately redressing collective violence might contemplate a discursive shift to inclusively incorporating other accountability mechanisms, including collective forms of responsibility. Collective responsibility implies non-criminal sanctions that attach to groups whose misfeasance or nonfeasance is supportive of, acquiescent in, causally connected to, or necessary for serious violations of international criminal law to occur. This paper examines what collective responsibility mechanisms might look like; what ends they might serve; what dangers they pose; and how they might contribute to a more robust instantiation of post-conflict justice.

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  Policy Through Complementarity: The Atrocity Trial as Justice, in The International Criminal Court and Complementarity: From Theory to Practice (Carsten Stahn & Mohamed M. El Zeidy eds., 2011)

  Mark A. Drumbl

  This chapter examines the macro-architectural effects of complementarity upon the content, imagination, narrative and meaning of inter- and post-conflict transitional justice. The complementarity doctrine privileges the liberal criminal trial and its concomitant, sequestered incarceration, over other justice mechanisms. Accordingly, complementarity may encourage heterogeneity in terms of the number of institutions adjudicating international crimes, but it encourages homogeneity in terms of the process they follow and the nature of the punishment they mete out. Complementarity embeds the iconic status of the courtroom and the jailhouse as the best practice to promote justice in the aftermath of mass violence. This conceptualization of justice, rooted as it is in select individual guilt, serves important accountability goals. However, it may square poorly with the collective nature of atrocity and even clash with the expectations of local populations; moreover, it also protects state, organizational, corporate and bystander interests, while privileging the craft of the international criminal lawyer. In response, the author suggests that power relationships in international criminal law be revisited, both vertically and horizontally. More immediately, he urges a gentle and flexible interpretive understanding of complementarity – a light touch, so to speak.

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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.

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  Estate and Gift Taxation (2011)

  Brant J. Hellwig and Robert T. Danforth

  This first edition of Estate and Gift Taxation, a new addition to the LexisNexis Graduate Tax Series, fully incorporates the new exemption levels, marginal rates, and unified credit portability rules in the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010. The book contains 26 discrete chapters, each containing a concise overview of the topic with specific assignments to the Internal Revenue Code and Regulations. 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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  Gilbert Law Summaries: Criminal Procedure (18th ed. 2011)

  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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  Remedies: Cases and Materials (8th ed. 2011)

  Doug Rendleman and Caprice L. Roberts

  Remedies 8th Edition 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. The text 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.

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  Actors and Law-Making in International Environmental Law, in Research Handbook on International Environmental Law (Malgosia Fitzmaurice et al. eds, 2010)

  Mark A. Drumbl

  This wide-ranging and comprehensive Handbook examines recent developments in international environmental law (IEL) and the crossover effects of this expansion on other areas of international law, such as trade law and the law of the sea.
  
  The expert contributors offer analyses of foundational issues in IEL, such as responsibility for environmental damage, sustainable development and the precautionary principle, alongside studies in topical subject areas including marine protection and the law of international watercourses. This Research Handbook offers an in-depth analysis of IEL, both as a field of law in its own right, and as part of the wider system of international law. It gives a comprehensive view of IEL in all its forms and complexity.
  
  With thorough examination of specific environmental regimes and compliance mechanisms, this Handbook will be an indispensable resource for legal scholars, students and practitioners alike.

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  Child Soldiers: Agency, Enlistment, and the Collectivization of Innocence, in Collective Violence and International Criminal Justice: An Interdisciplinary Approach (Alette Smeulers ed., 2010)

  Mark A. Drumbl

  Extreme forms of collective violence such as genocide, crimes against humanity and war crimes can endanger international peace and security. The international criminal justice system has been set up in order to prosecute these crimes and to thus restore international peace and security. These crimes are however extremely complex social phenomena and it takes an inter- and multidisciplinary approach to understand the true nature of this type of criminality and to effectively prosecute the perpetrators thereof. This book enhances our knowledge of these complex phenomena and thus contributes to a better and more effective system of international criminal justice. Scholars from many different scientific disciplines such as law, criminology, political science, psychology, research methodology and information technology as well as practitioners from within the field have contributed to this book.

  General themes in the book are: What kind of people are perpetrators of collective violence? How can we attribute criminal responsibility to individuals for crimes which are collective in nature? How can we study these crimes and how can we discover patterns of violence? What role can statistics play when holding individuals accountable? How to develop strategies of prosecution? What difficulties do prosecutors and judges face and how important and useful is the ICC Case Matrix? These are just a few of the many questions addressed in this book.

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  A Plea to Reject the United States Supreme Court's Due-Process Review of Punitive Damages, in The Law of Remedies: New Directions in the Common Law (Jeff Berryman & Rick Bigwood eds., 2010)

  Doug Rendleman

  This volume of essays is the end product of the Second International Symposium on the Law of Remedies, a joint undertaking of the Faculties of Law at the Universities of Windsor, Canada, and Auckland (Research Centre for Business Law), New Zealand. The symposium brought together scholars drawn from four continents, representing the major Commonwealth common law jurisdictions, as well as the United States and Ireland.

  Collectively, the essays illustrate the breadth and depth of attention that is now accorded to the study of remedies throughout the common law world. The collection also demonstrates the value of fruitful exchanges across common law jurisdictions that have much to gain from learning of one another's experiences, thereby enriching the body of knowledge for a system that is inherently built upon discrete and incremental case law.

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  Simmons v. South Carolina (1994), in Death Penalty Stories (John Blume & Jordan Steiker eds., 2009)

  David I. Bruck

  Blume and Steiker's Death Penalty Stories offers rich and detailed accounts of the most important capital cases in American law. This volume provides comprehensive examination of the canonical cases, as well as coverage of core issues such as: Representation, Protections for the innocent, Proportionality limits, Execution methods, The problem of volunteers, and The guarantee of heightened reliability.

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  Criminal Procedure (7th ed. 2009)

  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: 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.

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  Anatomy of an Execution: The Life and Death of Douglas Christopher Thomas (2009)

  Todd C. Peppers and Laura Trevvett Anderson

  It is an undisputed fact that Chris Thomas was guilty of participating in a brutal double homicide. He was convicted of killing his girlfriend’s parents in November of 1990, was sentenced to death in November of 1991, and was executed by the Commonwealth of Virginia in January of 2000. Chris Thomas was one of the last juvenile offenders to be put to death before the Supreme Court ruled that the execution of juveniles constituted cruel and unusual punishment. In Anatomy of an Execution, Todd C. Peppers and Laura Trevvett Anderson tell the entire story, shedding light on issues surrounding the death penalty—such as the quality of court appointed counsel, the execution of juveniles (from both a constitutional law and public policy perspective), conditions of confinement on death row, and the role of spiritual advisors in the condemned’s last days. While providing insight into the legal workings of the modern death penalty system, the book also offers a rare glimpse of a young, condemned man’s life before and after the crime: a childhood ravaged by loss and neglect, a toxic first love, the brutal murders, trial and sentencing, and, ultimately, a chance at redemption. This is not an effort to excuse a crime but an assertion that even a murderer’s life is worth more than its worst act.

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  Complex Litigation: Injunctions, Structural Remedies and Contempt (2009)

  Doug Rendleman

  Designed for law school complex-litigation and remedies classes that emphasize injunctions and contempt, this casebook also serves as a tool for lawyers’ quick, on-point research into the background and present status of these subjects. Developments in the rapidly changing law in the 25 years since publication of its predecessor, Injunctions, Second, required numerous additions and extensive revision. Part of the University Casebook Series; , it includes selected cases designed to illustrate the development of a body of law on complex litigation. Text and explanatory materials designed for law study accompany the cases.

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  Federal Income Taxation of Trusts and Estates: Cases, Problems, and Materials (3d ed. 2008)

  Mark L. Ascher and Robert T. Danforth

  Federal Income Taxation of Trusts and Estates: Cases, Problems, and Materials examines the income taxation of estates and trusts, estate and trust beneficiaries, and trust settlors; its emphasis is on the provisions of 'Subchapter J'; the relevant portion of the Internal Revenue Code (sections 641 through 692) and its first priority is to give readers an understanding of those provisions and how they work. The book takes four distinct, but integrated, approaches. At the beginning of each section, Ascher and Danforth present assignments of carefully selected provisions of the Internal Revenue Code and Treasury Regulations. Following are one or more precedents (cases or rulings) dealing with the topic at hand, accompanied by textual material that amplifies the topic by further analysis of the primary precedents, presentation of other precedents, or discussion of subsequent developments. Finally, numerous problems, where appropriate, allow the reader to apply the material to common fact patterns. The third edition brings the book completely up to date, and includes all relevant developments since the preparation of the second edition. Among the many important additions are the decision of the United States Supreme Court in Knight v. Commissioner, which just this year held that investment advisory fees paid by a trustee are subject to the 2% haircut under section 67; Mattie K. Carter Trust v. United States, in which the United States District Court for the Northern District of Texas held that it is not merely the activities of the trustee, but also those of the trustee s employees, that count toward the material participation requirement under the passive activity rules of section 469; and full incorporation of the trust accounting income regulations recently finalized by the Treasury. The third edition includes a number of new or revised problems, and it trims some materials relating to estate planning techniques that are now obsolete.

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  A Hard Look at the Soft Theory of International Criminal Law, in The Theory and Practice of International Criminal Law: Essays in Honor of M. Cherif Bassiouni (Leila Nadya Sadat & Michael P. Scharf eds., 2008)

  Mark A. Drumbl

  Cherif Bassiouni is often referred to as "the father of international criminal law." Every major international criminal law instrument developed in the last forty years, from the Torture Convention to the Statute of the International Criminal Court, bears his hallmark.

  His writings, diplomatic initiatives, fieldwork, and even litigation have made an unparalleled contribution to the emergence of international criminal law as a distinct discipline within the field of international law.

  This book contains a collection of fifteen scholarly essays, written by leading experts from around the world, about the theory and practice of modern international criminal law, with a focus on Cherif Bassiouni's unique legacy within this important area.

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  Immunities and Exceptions, in International Criminal Law, Volume II: Multilateral and Bilateral Enforcement Mechanisms (M. Cherif Bassiouni ed., 2008)

  Mark A. Drumbl

  The definitive treatise on international criminal law, M. Cherif Bassiouni’s unique 3- volume collection is now in its third edition. Written by more than 50 outstanding authorities from 19 countries, it covers the entire field, from the theory of what makes a crime "international" to the step-by-step conduct of an international prosecution.

  Volume 2 addresses jurisdiction and the various mechanisms and modalities of international cooperation in penal matters, which for all practical purposes, apply to both the direct and indirect enforcement methods of ICL. These mechanisms and modalities of international cooperation are used not only in bilateral interstate cooperation in penal matters but they are also employed by international tribunals, including the ICC, in their relations with states.