The Berkeley Law Library proudly presents
Berkeley Law Books 2018
Click on book cover to read a summary of the book.
The Berkeley Law Library proudly presents
Berkeley Law Books 2018
Click on book cover to read a summary of the book.
This book addresses some of the most difficult and important debates over injury and law now taking place in societies around the world. The essays tackle the inescapable experience of injury and its implications for social inequality in different cultural settings. Topics include the tension between physical and reputational injuries, the construction of human injuries versus injuries to non-human life, virtual injuries, the normalization and infliction of injuries on vulnerable victims, the question of reparations for slavery, and the paradoxical degradation of victims through legal actions meant to compensate them for their disabilities.
Modeled on on the U.S. Federalist and Anti-Federalist Papers, these essays evaluate and compare the existing and proposed new constitution of Iceland. The authors analyze arguments for or against the proposed new constitution, with each essay focusing on specific aspects of the draft charter. These essays are written by a global group of leading scholars, and all are published under the name "Civis."
Focusing on the adjudicative phase of criminal procedure, Criminal Procedure: Adjudication, Third Edition combines Laurie L. Levenson’s first-hand experience in the criminal justice system with Erwin Chemerinsky’s student-friendly writing style. This volume examines the impact of a host of recent developments in the courts and legislature on the trial process. It eschews reliance on rhetorical questions and law review excerpts in favor of comprehensive exploration of black letter law and trendsetting policy issues. The book utilizes a chronological approach that guides students through criminal procedure doctrine. In addition to presenting the perspectives from various stakeholders (i.e., defense attorneys, judges, prosecutors, and victims), the authors take care to provide students with useful, practice-oriented materials, including pleadings and motions papers.
Criminal Procedure: Investigation utilizes a chronological approach that guides students through criminal procedure doctrine from rules governing law enforcement investigation to matters related to habeas corpus relief. In addition to presenting the perspectives from various stakeholders, the authors take care to provide students with useful, practice-oriented materials. This book not only employs a systemic approach that takes students through issues from policy to application of legal doctrine but also introduces issues at the forefront of modern criminal procedure debates.
Written in a student-friendly manner, the third edition of Criminal Procedure eschews reliance on rhetorical questions and law review excerpts in favor of comprehensive exploration of black letter law and trendsetting policy issues. Authored by a pair of well-respected criminal and constitutional law scholars, Criminal Procedure utilizes a chronological approach that guides students through criminal procedure doctrine from rules governing law enforcement investigation to matters related to habeas corpus relief. In addition to presenting the perspectives from various stakeholders (i.e., defense attorneys, judges, prosecutors, and victims), the authors take care to provide students with useful, practice-oriented materials, including pleadings and motions papers.
Erwin Chemerinsky expertly exposes how conservatives are using the Constitution to advance their own agenda that favors business over consumers and employees, and government power over individual rights. But exposure is not enough. Progressives have spent too much of the last forty-five years trying to preserve the legacy of the Warren Court’s most important rulings and reacting to the Republican-dominated Supreme Courts by criticizing their erosion of rights―but have not yet developed a progressive vision for the Constitution itself. Yet, if we just look to the promise of the Preamble―liberty and justice for all―and take seriously its vision, a progressive reading of the Constitution can lead us forward as we continue our fight ensuring democratic rule, effective government, justice, liberty, and equality.
In Stress Testing the Law of the Sea, leading practitioners and scholars of the law of the sea examine key developments that are placing pressure on the current legal framework. Following an expert preface setting the historical context for the discussion, Part I explores the changing norms of marine dispute resolution – long the foundation of the UNCLOS framework – in an era when the lines between private and public governance are continually shifting and following the landmark South China Sea arbitration. Part II explores emerging issues whose inherent levels of uncertainty challenge the structure of the framework, including climate change, disasters, and expanding energy exploration.
The Tenth Edition continues the approach of earlier editions in emphasizing rich, full-bodied versions of the principal cases, a functionalist approach to the problems of contract law, and analytical notes on such issues as the differences between classical and modern contract law and the role of the limits of cognition in contract law. The new edition includes a great number of new principal cases and case notes, including new materials on consideration, duress, remedies, interpretation, indefiniteness, the statute of frauds, electronic contracting, "browse wrap agreements," and unilateral mistake.
This compilation contains statutes, rules, materials, and forms affecting conventional business corporations, benefit corporations, flexible purpose corporations, general partnerships, limited liability partnerships, limited partnerships, limited liability limited partnerships, and limited liability companies. In addition to the Delaware statutes for corporations and LLCs as well as the 2016 updated Model Business Corporations Act, select provisions from other states are included to provide a rich array of comparative approaches. The most recent ISS Guidelines that pertain to a wide range of corporate governance issues are included as well as disclosure and governance guidelines of the New York Stock Exchange. The materials provide recent interpretive guidance on important corporate issues from the SEC are included. The materials also include Illustrative documents such as an LLC operating agreement, forum selection bylaw, proxy form, governance agreement entered into with an activist investor, and poison pill rights plan.
Foundational Principles of Contract Law not only sets out the principles and rules of contract law, it places more emphasis on what the principles and rules of contract law should be, based on policy, morality, and experience. A major premise of the book is that the best way to grasp contract law is to understand it from a critical perspective as an organic, dynamic subject. When contract law is approached in this way it is much easier to grasp and learn than when it is presented simply as a static collection of principles and rules.
Labor Law in the Contemporary Workplace prepares students for the practice of labor law by introducing them to the principles of American labor law and many of the issues that labor attorneys face. The book is organized around contemporary problems as a means of teaching the core principles of labor law. Although the primary focus of the book is the National Labor Relations Act, considerable attention is given to the Railway Labor Act and public-sector labor laws because of their growing importance in contemporary practice. The third edition takes account of changes in the law since the first edition and second editions were published and in particular new interpretations of the National Labor Relations Act by the National Labor Relations Board and recent state restrictions on public sector collective bargaining.
With clear and concise explanations of all basic concepts in the law of lawyering and all topics tested on the MPRE, this accessible book allows professors to satisfy the ABA professional responsibility requirement with a course that students find highly engaging and useful. Unlike most professional responsibility textbooks on the market, however, it links ethics issues to portraits of the practice contexts in which they typically arise for real lawyers, helping students appreciate their relevance in contemporary practice. It also introduces students to the rich empirical literature on the profession, teaching them about the profession’s overall composition and organization as well as huge variation in the practice settings, types of work, and daily experiences of American lawyers and their clients.
Through articles, book excerpts, cases, and statutes, the author encourages discussion of the legal system’s role in domestic violence situations. Topics range from historical and basic issues, such as restraining orders and tort suits, to controversial ones, including marital rape, arrest and prosecution policies, and battered mothers charged with failure to protect their children from batterers. Other chapters cover how domestic violence impacts different groups. Additional topics include guns, confidentiality and safety, and victims as welfare recipients, workers, tenants, and applicants for asylum. The materials foster critical thinking among students, as they include contradictory points of view
This book includes contributions by scholars from various legal systems (the USA, France, Israel, Canada etc.), who examine the current impacts of customary law on various aspects of private law, constitutional law, business law, international law and criminal law. In addition, the book expands the traditional concept of the rule of law, and argues that lawyers should not narrowly focus on statutory law, but should instead pay more attention to the impact of practices on “real legal life.” It states that the observation of practices calls for a stronger focus on usage, customs and traditions in our legal systems – the idea being not to replace statutory law, but to complement it with customary observations.
Intellectual Property in the New Technological Age: 2018 (Volume I: Perspectives, Trade Secrets & Patents and Volume II: Copyrights, Trademarks & State IP Protections) covers the Supreme Court’s IP cases from the current Term and other recent developments (e.g., Star Athletica (useful article doctrine), Tam (disparaging marks), trends in IPRs and Federal Circuit review of PTAB cases, Helsinn v. Teva (interpreting the new prior art section of the AIA), secondary factors under section 103).
Intellectual Property in the New Technological Age: 2018 (Volume I: Perspectives, Trade Secrets & Patents and Volume II: Copyrights, Trademarks & State IP Protections) covers the Supreme Court’s IP cases from the current Term and other recent developments (e.g., Star Athletica (useful article doctrine), Tam (disparaging marks), trends in IPRs and Federal Circuit review of PTAB cases, Helsinn v. Teva (interpreting the new prior art section of the AIA), secondary factors under section 103).
Transnational Intellectual Property Law meets the need for a book that introduces contemporary intellectual property as it is practiced in today’s global context. Focusing on three major IP regimes – the United States, Europe and China – the unique transnational approach of this textbook will help law students and lawyers across the world understand not only how IP operates in different national contexts, but also how to coordinate IP protection across numerous national jurisdictions. International IP treaties are also covered, but in the context of an overall emphasis on transnational coordination of legal rights and strategies.
Urban schools are often associated with violence, chaos, and youth aggression. But is this reputation really the whole picture? In Navigating Conflict, Calvin Morrill and Michael Musheno challenge the violence-centered conventional wisdom of urban youth studies, revealing instead the social ingenuity with which teens informally and peacefully navigate strife-ridden peer trouble. Taking as their focus a multi-ethnic, high-poverty school in the American southwest, the authors complicate our vision of urban youth, along the way revealing the resilience of students in the face of carceral disciplinary tactics.
This book focuses on anti-discrimination law in order to identify commonalities and best practices across nations. Almost every nation in the world embraces the principle of equality and non-discrimination, in theory if not in practice. As the authors' expert contributions establish, the sources of the principle vary considerably, from international treaties to religious law, traditions and more. There are many approaches to methods of enforcement and other variables, but the principle is nearly universal.
Beyond These Walls is an ambitious and far-ranging exploration that tracks the legacy of crime and imprisonment in the United States, from the historical roots of the American criminal justice system to our modern state of over-incarceration, and offers a bold vision for a new future. Author Tony Platt, a recognized authority in the field of criminal justice, challenges the way we think about how and why millions of people are tracked, arrested, incarcerated, catalogued, and regulated in the United States.
Focusing on the long-standing and bitter battles over recreational use of our parklands, Joseph Sax proposes a novel scheme for the protection and management of America's national parks. Drawing upon still controversial disputes—Yosemite National Park, the Colorado River in the Grand Canyon, and the Disney plan for California's Mineral King Valley—Sax boldly unites the rich and diverse tradition of nature writing into a coherent thesis that speaks directly to the dilemma of the parks. In a new foreword, environmental law scholar Holly Doremus articulates this book’s enduring importance and reflects on what Sax, her former teacher, might have thought about the encroachment of technology into natural spaces, the impact of social media, and growing threats from climate change. At this moment of great uncertainty for the national parks, Mountains Without Handrails should be read (and re-read) by anyone with a stake in America’s natural spaces.
The UN Convention on the Law of the Sea (UNCLOS), signed in 1982 and going into force in 1994, was the product of intensive international debates from the 1950s onward. UNCLOS continues to be the subject of vital debates on new initiatives that seek to clarify or expand the scope of the ocean regime. In Ocean Law Debates: The 50-Year Legacy and Emerging Issues for the Years Ahead, distinguished authors analyze the content of these debates, providing both historical perspectives and keen analyses of present-day issues.
Developed from the casebook, Information Privacy Law, this short paperback contains key cases and materials focusing on privacy issues related to government surveillance and national security. It can be used as a supplement to general criminal procedure courses, as it covers electronic surveillance law and national security surveillance extensively, topics that many criminal procedure casebooks don’t cover in depth.
This short paperback, developed from the casebook, Information Privacy Law, contains key cases and materials focusing on privacy issues related to consumer privacy and data security.
Information Privacy Law, Sixth Edition offers a clear, comprehensive, and cutting-edge introduction to the field of information privacy law, with the latest cases and materials exploring issues of emerging technology and information privacy. Extensive background information and authorial guidance provide clear and concise introductions to various areas of law. The Sixth Edition of Information Privacy Law has been revised to include the General Data Protection Regulation, Spokeo, and many other new developments.
This short paperback contains key cases and materials focusing on privacy issues related to the media. Topics covered include the privacy torts, free speech, First Amendment, paparazzi, defamation, online gossip, and social network websites.
Some contend that borders should generally be open and people should be free to migrate in search of better lives. Others insist that governments have the right to unilaterally close their borders and should do so. In Immigration and Democracy, Sarah Song develops an intermediate ethical position that takes seriously both the claims of receiving countries and the claims of prospective migrants. She argues that political membership is morally significant, even if morally arbitrary. Political membership grounds particular rights and obligations, and a government may show some partiality toward the interests of its members. Yet, we also have universal obligations to those outside our orders. What is required is not open or closed borders but open doors.
Some of the most exciting, and innovative, legal scholarship over the past few decades has been driven by historical curiosity. This Handbook offers a fascinating compendium of methodological studies from the field of legal history.
American Juvenile Justice is a definitive volume for courses on the criminology and policy analysis of adolescence. The focus is on the principles and policy of a separate and distinct system of juvenile justice. At the heart of the book is an argument for a penal policy that recognizes diminished responsibility and a youth policy that emphasizes the benefits of letting the maturing process continue with minimal interruption. In this updated and expanded second edition, Zimring has included four new chapters with examinations on important topics including, US Supreme Court decisions of life sentences for minors, the elected use of juvenile courts over criminal court, punitive sex offender registration for juveniles, and appropriate tactics for juvenile justice reform.