The Berkeley Law Library proudly presents
Berkeley Law Books 2019-2020
The photo to the left is of the law library in the Boalt Hall Memorial School of Law (now Durant Hall). The carrels pictured were installed in 1911, were refurbished as part of the South Addition project, and now reside in the lower level of the current library (pictured below).
This book undertakes a fundamental review of the existing international system of taxing business profit. It steps back from the current political debates on how to combat profit shifting and how taxing rights over the profits of the digitalized economy should be allocated. Instead, it starts from first principles to ask how we should evaluate a tax on business profit—and whether there is any good rationale for such a tax in the first place. It then goes on to evaluate the existing system and a number of alternatives that have been proposed. It argues that the existing system is fundamentally flawed, and that there is a need for radical reform. The key conclusion from the analysis is that there would be significant gains from a reform that moved the system towards taxing profit in the country in which a business made its sales to third parties. That conclusion informs two proposals that are put forward in detail and evaluated: the Residual Profit Allocation by Income (RPAI) and the Destination-based Cash Flow Tax (DBCFT).
The book is authored by a group of economists and lawyers—the Oxford International Tax Group, chaired by Michael P. Devereux. It draws insights from both economics and law—including economic theory, empirical evidence on the impact of taxes, and an examination of practical issues of implementation—to assess the existing system and to consider fundamental reforms. This book will be useful to tax policy makers, tax professionals, academics, and anyone interested in tax policy.
This casebook provides a finance-oriented approach to corporate law, focusing on what students will need to know in corporate practice. Students learn:
Additionally, the text covers a broad range of topics from pricing models to the poison pill and includes a table of cases.
This classic casebook has been thoroughly updated for 2020—retaining what has made it a favorite for decades while also remaining current and user-friendly. As ever, it contains lightly-edited cases with extensive explanatory notes, thereby teaching students how to read cases while learning doctrine. Some notes are historical and comparative, giving students a more nuanced understanding than can be obtained from simply studying current law. The book is accessible without sacrificing interest and complexity, providing a sophisticated understanding of civil procedure and the federal system. The book also remains adaptable to courses of different length and emphasis, and teaching the material in the instructor’s preferred order. The twelfth edition has been thoroughly updated with extensive new material on personal jurisdiction, multidistrict litigation, the amended discovery rules (with a new exercise), and mandatory arbitration.
This highly-readable primer on Critical Race Theory (CRT) examines the theory’s basic commitments, strengths, and weaknesses. In addition to serving as a primary text for graduate and undergraduate Critical Race Theory seminars or courses on Race and the Law, it can also be assigned in courses on Antidiscrimination Law, Civil Rights, and Law and Society. The book can be used by any reader seeking to understand the relationship between constructions of race and the law.
The text consists of four Parts. Part I provides a history of CRT. Part II introduces and explores several core concepts in the theory—including institutional/structural racism, implicit bias, microaggressions, racial privilege, the relationship between race and class, and intersectionality. Part III builds on Part II’s discussion of intersectionality by exploring the intersection of race with a variety of other characteristics—including sexuality and gender identity, religion, and ability. Part IV analyzes several contemporary issues to which CRT speaks—including racial disparities in health, affirmative action, the criminal justice system, the welfare state, and education.
Relied on by students, professors, and practitioners, Erwin Chemerinsky’s popular treatise clearly states the law and identifies the underlying policy issues in each area of constitutional law. Thorough coverage of the topic makes it appropriate for both beginning and advanced courses.
A leading text by a prominent scholar, Constitutional Law is known for its concise, yet comprehensive presentation. Professor Chemerinsky’s distinctive approach for the Sixth Edition presents the law solely through case excerpts and his own essays. With the author’s context and background information, the law becomes more readily understood. A flexible organization accommodates a variety of course structures; no chapter assumes that students have read preceding material.
From the same author of the highly successful Constitutional Law, Sixth Edition, a leading casebook in the field, The First Amendment by Erwin Chemerinsky provides a comprehensive and accessible review of speech and religion jurisprudence under the First Amendment (Chapters 9 and 10 of Constitutional Law, Sixth Edition). With its concise, yet comprehensive presentation, The First Amendment presents the law solely through case excerpts and the author’s own essays, which make the law more readily understood through context and background information. The text’s flexible organization accommodates a variety of course structures so that no chapter assumes that students have read preceding material.
Throughout American history, views on the proper relationship between the state and religion have been deeply divided. And, with recent changes in the composition of the Supreme Court, First Amendment law concerning religion is likely to change dramatically in the years ahead.
In The Religion Clauses, Erwin Chemerinsky and Howard Gillman, two of America's leading constitutional scholars, begin by explaining how freedom of religion is enshrined in the First Amendment through two provisions. They defend a robust view of both clauses and work from the premise that the establishment clause is best understood, in the words of Thomas Jefferson, as creating a wall separating church and state. After examining all the major approaches to the meaning of the Constitution's religion clauses, they contend that the best approaches are for the government to be strictly secular and for there to be no special exemptions for religious people from neutral and general laws that others must obey. In an America that is only becoming more diverse with respect to religion, this is not only the fairest approach, but the one most in tune with what the First Amendment actually prescribes.
Both a pithy primer on the meaning of the religion clauses and a broad-ranging indictment of the Court's misinterpretation of them in recent years, The Religion Clauses shows how a separationist approach is most consistent with the concerns of the founders who drafted the Constitution and with the needs of a religiously pluralistic society in the 21st century.
This long-popular casebook has two main distinguishing attributes. First, because students benefit from sustained engagement with Supreme Court opinions, pivotal cases are edited less substantially than in many other books. Second, because Constitutional Law is an argumentative practice situated in ongoing debates, this edition follows its predecessors in exposing students to diverse perspectives in the Notes and Questions that follow most principal cases. Instructors will especially like the illuminating and provocative extracts from the literature that accompany important new cases. In preparing the new edition, the editors have made judicious cuts to enable the addition of new material and have thoroughly revised several chapters to reflect developments in the case law.
An annually-revised paperback designed for a single-semester course on constitutional law, this book is roughly half the length of many hardcover casebooks. The four renowned authors, now including Michael Dorf and Frederick Schauer, are co-editors of a long-time favorite teaching book, the much larger and newly revised Constitutional Law: Cases, Comments & Questions, 13th Edition. "Leading Cases," which is a stripped-down version of that book, contains "the essentials" for teaching a basic course in constitutional law. Because the organization of the compact book parallels that of the much lengthier Choper - Dorf - Fallon - Schauer casebook, which contains extensive Notes & Questions, the latter can serve as a "resource" book for instructors teaching from the paperback. This edition of “Leading Cases” is up to date through the completion of the Supreme Court Term that ended in June 2020. Subsequent editions of “Leading Cases” will continue to be published every summer for classroom use in the fall and will include all the significant cases handed down during the most recent Supreme Court Term.
Enormous changes are occurring in our capital markets as shareholder activists become increasingly prominent, institutional investors gain power, and capital markets intermediaries such as proxy advisory firms play increasingly important roles. Corporations, and their boards of directors, are also increasingly uncertain how to respond to these new dynamics and adhere to predefined fiduciary duties to stockholders. The uncertainty has led to schizophrenic responses, including the increasing use of dual-class stock and wholesale corporate governance changes of uncertain validity designed to fight off or placate certain shareholder groups. We believe that these enormous changes merit a review of corporate law to examine needed adjustments for these revolutionary times. For example, much of the case law governing corporate conduct was created in another time—the 1980s—and designed to meet another disruptive force—hostile takeovers. Is it time to reexamine this case law and create new laws for possibly different threats? Alternatively, statutory laws such as the rules governing appraisal rights seem ripe for a complete review in the wake of appraisal arbitrage. In this book, we bring together many of the leading scholars of Delaware corporate law to examine these issues. The fourteen chapters, and a judicial overview by Delaware Chief Justice Leo E. String Jr., cast light on the current tensions in Delaware law and how Delaware’s courts and legislature should address them.
Being an M&A practitioner or litigator requires not only a knowledge of the law—the statutes, cases, and regulations—but also the documentation and the practices within the transacting community. This book prepares students for practice. The second edition includes and explains deal documentation, and discusses how negotiations proceed, referencing both the relevant law and transacting norms. It covers Federal and State law, as well as other relevant regulatory regimes involving antitrust, national security, FCPA and other issues. It has questions designed to get students to understand the law and the underlying policy, and problems to get students familiar with transaction structuring.
The 2012 Edition of Cohen's Handbook of Federal Indian Law, as updated in the 2019 Supplement, includes coverage of
This compact publication is the only comprehensive treatise explicating one of the most difficult areas of federal law. Used by judges as well as practitioners, this publication provides the tools to understand the law and to find relevant cases, statutes, regulations, and opinions critical to answering legal questions about federal Indian law. This updated edition remains the definitive guide to federal Indian law.
Disparities in educational attainment among population groups have characterized the United States throughout its history. Education is sometimes characterized as the “great equalizer,” but to date, the country has not found ways to successfully address the adverse effects of socioeconomic circumstances, prejudice, and discrimination that suppress performance for some groups.
To ensure that the pursuit of equity encompasses both the goals to which the nation aspires for its children and the mechanisms to attain those goals, a revised set of equity indicators is needed. Measures of educational equity often fail to account for the impact of the circumstances in which students live on their academic engagement, academic progress, and educational attainment. Some of the contextual factors that bear on learning include food and housing insecurity, exposure to violence, unsafe neighborhoods, adverse childhood experiences, and exposure to environmental toxins. Consequently, it is difficult to identify when intervention is necessary and how it should function. A revised set of equity indicators should highlight disparities, provide a way to explore potential causes, and point toward possible improvements.
Monitoring Educational Equity proposes a system of indicators of educational equity and presents recommendations for implementation. This report also serves as a framework to help policy makers better understand and combat inequity in the United States’ education system. Disparities in educational opportunities reinforce, and often amplify, disparities in outcomes throughout people’s lives. Thus, it is critical to ensure that all students receive comprehensive supports that level the playing field in order to improve the well-being of underrepresented individuals and the nation.
The Unabridged Twelfth Edition offers detailed information on corporate law and covers new principal cases, text, and explanatory materials designed to illustrate the development of corporate law. In preparing this edition, Professors Cox and Eisenberg reviewed all the principal cases and, where appropriate, re-edited them to tighten the writing while preserving a full-bodied presentation of the facts and discussion. The book contains rich note material synthesizing case developments, empirical data bearing on important corporate topics, and competing approaches to corporate issues.
The concise version of Business Organizations: Cases and Materials, Twelfth Edition includes materials on Limited Liability Partnerships and Limited Liability Companies. This edition continues the approach of earlier editions in emphasizing rich, full-bodied versions of the principal cases intermixed with rich note material synthesizing case developments, empirical data bearing on important corporate topics, and competing approaches to corporate issues.
Both the Unabridged and Concise Edition combine tightly edited cases while providing in many areas alternative cases so that the adopters, not the authors, control the choice of what will be the focus for the adopter’s class.
The law library owns both the Unabridged and Concise editions.
Farber’s Environmental Law in a Nutshell provides an up-to-date foundation for understanding environmental law. Expert text includes coverage of the full range of environmental issues, from climate change and air pollution, to waste disposal and wetlands. Surveys the many statutory and common-law regulations shaping the world in which we live.
Written by a leading national scholar, Farber's coverage of the First Amendment is clear and incisive. All of the major areas of this complex doctrine are reviewed, including the religion clauses. The text also probes theories of free speech and debates over controversial issues such as campaign finance, hate speech, and religious exemptions. The new edition covers recent Supreme Court decisions dealing with the use of free exercise claims as a defense in discrimination cases, the elimination of mandatory fees to support public employee unions as a violation of free speech, and the right of convicted sex offenders to access online social media.
United States Constitutional Law guides law students, political science students, and engaged citizens through the complexities of U.S. Supreme Court doctrine—and its relationship to constitutional politics—in key areas ranging from federalism and presidential power to equal protection and substantive due process. Rather than approach constitutional law as a static structure or imagine the Supreme Court as acting in isolation from society, the book elaborates and clarifies key constitutional doctrines while also drawing on scholarship in law and political science that relates the doctrines to large social changes such as industrialization, social movements such as civil rights and second-wave feminism, and institutional tensions between governmental actors. Combining legal analysis with historical narrative and sensitivity to political context, the book provides a deeper understanding of how constitutional law arises, functions, and changes in a complex, often-divided society.
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. It describes powerful economic and cultural forces that are reshaping the legal profession, and it explores current controversies relating to access to justice, globalization, technology, diversity, and legal education. It invites students to reflect on their place in the profession and how they will navigate the turbulent landscape to chart successful, rewarding and responsible careers in almost any type of practice today’s law graduates might enter. Most chapters also contain problems that can be used in class discussion or as written exercises. The Second Edition is updated to include problems, materials, and questions drawn from recent events highlighting professional ethics issues currently in the news. It also presents the most recent scholarship and commentary on new challenges for the legal profession posed by technology, litigation finance, and globalization.
This is the only PR book on the market that provides sufficient explanation of basic legal concepts and the operation of the legal system to make it suitable for first-year students, but it also works very well for second and third year courses.
This book explores the structure and regulation of the contemporary American legal profession. It 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. It describes powerful economic and cultural forces that are reshaping the legal profession, and it presents the most recent scholarship and commentary on new challenges for the legal profession posed by technology, litigation finance, globalization, access to justice, diversity, and changes to legal education. Suitable for seminars or courses on professional identity and the sociology of the legal profession, the book invites students to reflect on their place in the profession and how they will navigate the turbulent landscape to chart successful, rewarding and responsible careers in almost any type of practice today’s law graduates might enter. This book presents materials and questions drawn from recent events highlighting professional ethics issues currently in the news, but it could supplement rather than replace materials on the law of professional responsibility.
The book provides sufficient explanation of basic legal concepts and the operation of the legal system to make it suitable for advanced undergraduate or graduate courses, as well as first-year law students, but it also works very well for second and third year courses.
Malcolm Feeley, one of the founding giants of the law and society field, is also one of its most exciting, diverse, and contemporary scholars. His works have examined criminal courts, prison reform, the legal profession, legal professionalism, and a variety of other important topics of enduring theoretical interest with a keen eye for the practical implications. In this volume, The Legal Process and the Promise of Justice, an eminent group of contemporary law and society scholars offer fresh and original analyses of his work. They assess the legacy of Feeley's theoretical innovations, put his findings to the test of time, and provide provocative historical and international perspectives for his insights. This collection of original essays not only draws attention to Professor Feeley's seminal writings but also to the theories and ideas of others who, inspired by Feeley, have explored how courts and the legal process really work to provide a promise of justice.
In 2014, Ian Haney López in Dog Whistle Politics named and explained the coded racial appeals exploited by right-wing politicians over the last half century—and thereby anticipated the 2016 presidential election. Now the country is heading into what will surely be one of the most consequential elections ever, with the Right gearing up to exploit racial fear-mongering to divide and distract, and the Left splintered over the next step forward. Some want to focus on racial justice head-on; others insist that a race-silent focus on class avoids alienating white voters.
Can either approach—race-forward or colorblind—build the progressive supermajorities necessary to break political gridlock and fundamentally change the country’s direction?
For the past two years, Haney López has been collaborating with a research team of union activists, racial justice leaders, communications specialists, and pollsters. Based on conversations, interviews, and surveys with thousands of people all over the country, the team found a way forward.
By merging the fights for racial justice and for shared economic prosperity, they were able to build greater enthusiasm for both goals—and for the cross-racial solidarity needed to win elections.
What does this mean? It means that neutralizing the Right’s political strategy of racial division is possible, today. And that’s the key to everything progressives want to achieve.
In the first edition of this groundbreaking book, Robert Kagan explained why America is much more adversarial—likely to rely on legal threats and lawsuits—than other economically advanced countries, with more prescriptive laws, more costly adjudications, and more severe penalties. This updated edition also addresses the rise of the conservative legal movement and anti-statism in the Republican party, which have put in sharp relief the virtues of adversarial legalism in its ability to empower citizens, lawyers, and judges to mount challenges to the arbitrary or unlawful exercise of government authority.
Punjab was the arena of one of the first major armed conflicts of post-colonial India. During its deadliest decade, as many as 250,000 people were killed. This book makes an urgent intervention in the history of the conflict, which to date has been characterized by a fixation on sensational violence—or ignored altogether. Mallika Kaur unearths the stories of three people who found themselves at the center of Punjab’s human rights movement: Baljit Kaur, who armed herself with a video camera to record essential evidence of the conflict; Justice Ajit Singh Bains, who became a beloved “people’s judge”; and Inderjit Singh Jaijee, who returned to Punjab to document abuses even as other elites were fleeing. Together, they are credited with saving countless lives. Braiding oral histories, personal snapshots, and primary documents recovered from at-risk archives, Kaur shows that when entire conflicts are marginalized, we miss essential stories: stories of faith, feminist action, and the power of citizen-activists.
This book is tailor made for a class on the criminal adjudication process, covering all essential post-investigation steps, from “bail to jail”. Because the book includes an overview of the criminal process and comprehensive treatment of the right to counsel, it is easily adaptable, permitting teachers to use it for a stand-alone course on criminal prosecutions, a second criminal procedure course to follow a class on police practices and investigations, or an introductory criminal procedure course that students may take before taking a class on the investigative phases. The chapters provide in-depth coverage of developing law, often incorporating the latest empirical information, state law trends, ethical rules, and policy debates.
One of the best-selling casebooks of all time. The book includes all the material required to master the essential issues that arise in federal and state criminal investigations and prosecutions, and affords maximum flexibility to shape a course around a particular teacher’s own priorities and interests. Comprehensive coverage of constitutional decisions and statutory regulation is complemented by the latest policy and scholarly debates about such subjects as the evolving regulation of government surveillance, computer and cell phone searches, eyewitness identification, and profiling. Year after year, the book’s focus on current issues has made it the leading choice for teaching criminal procedure.
The Fifteenth Edition continues to include all the material required to master the essential issues that arise in both state and federal criminal cases. The book’s comprehensive coverage of constitutional, statutory, and ethical rules regulating the criminal process has made it one of the few textbooks that students over the years have opted to keep as a reference for their work as prosecutors, defense attorneys, and judicial clerks. The new edition also continues the custom of incorporating the most thoughtful and provocative commentary available. The authors bring together the latest statistics, relevant legislative trends, and insightful policy and scholarly debates, facilitating critical analysis of the process and its potential reforms. This unique and always up to date framing of the issues has made the book the nation’s premier text for teaching criminal procedure year after year.
Mobile technologies, social media, and increased connectivity are having a significant impact on human rights practice. Modern technology—and the enhanced access it provides to information about abuse—has the potential to revolutionise both human rights reporting and documentation, as well as the pursuit of legal accountability. However, these new methods for information gathering and dissemination have also created significant challenges for investigators. The capture and dissemination of content often happens haphazardly, and for a variety of motivations, including raising awareness of the plight of those who have been most affected or for advocacy purposes. For this content to be of use to investigators it must be discovered, verified, and authenticated. Discovery, verification, and authentication have, therefore, become critical skills for human rights organisations, and international human rights lawyers.
This book covers the history, ethics, methods, and best-practice associated with open source research. It is intended to equip the next generation of lawyers, journalists, sociologists, data scientists, and other human rights activists and researchers, with the cutting-edge skills needed to work in an increasingly digitized and information-saturated environment. The book is organized in sections. First, the book situates open source investigations in an historical, social, and theoretical context. Next, it covers the logistics of discovery, verification, and archiving. It then discusses the possibilities and limitations of using open source information in human rights monitoring and documentation, and suggests how future developments in open source information technology may affect human rights work.
How have legal ideas and institutions affected Western culture? And how has the law itself been shaped by its cultural context?
In a work spanning 4,500 years, these questions are addressed by 57 experts, each contributing an authoritative study of a theme applied to a period in history. Supported by detailed case material and over 230 illustrations, the volumes examine trends and nuances of the culture of law in Western societies from antiquity to the present. Individual volume editors ensure the cohesion of the whole, and to make it as easy as possible to use, chapter titles are identical across each of the volumes. This gives the choice of reading about a specific period in one of the volumes, or following a theme across history by reading the relevant chapter in each of the six.
The six volumes cover: 1 - Antiquity (2500 BCE-500 CE); 2 - Middle Ages (500-1500); 3 - Early Modern Age (1500-1680); 4 - Age of Enlightenment (1680-1820); 5 - Age of Reform (1820-1920); 6 - Modern Age (1920-present).
Roman Law and Language is the long-awaited sixth volume in the Collected Works of David Daube series. Previous volumes gathered Daube’s writings on Talmudic law, Biblical law and literature, ethics, and New Testament Judaism. This new volume includes some of his work on language in Roman law. Calum Carmichael, co-editor of the volume, writes, “Daube is a master at bringing clarity to the study of law, as when he argues that general rules and legal maxims are distortions because their original narrow meanings have been diverted to include different topics.”
This stage-by-stage, issue-by-issue guide to the mediation of patent disputes supplements the Patent Case Management Judicial Guide (PCMJG), a comprehensive treatise developed for the federal judiciary. The PCMJG addresses the mechanics, timing, and considerations for effective mediation when judges are managing patent cases. This supplement provides analogous guidance to patent mediators (magistrate judges and private mediators), in-house counsel, and litigation counsel. The authors have worked extensively with experienced federal judges, mediators, counsel, and parties to identify ways to promote cost-effective, time-effective, and constructive dispute resolution.
Both law and economics and intellectual property law have expanded dramatically in tandem over recent decades. This field-defining two-volume Handbook, featuring the leading legal, empirical, and law and economics scholars studying intellectual property rights, provides wide-ranging and in-depth analysis both of the economic theory underpinning intellectual property law, and the use of analytical methods to study it.
Volume 1 explores the role that economic incentives play in promoting innovation and creativity. It also examines the analogy between intellectual property and tangible property, the economics of intellectual property institutions, and the interplay of intellectual property, development, and international trade.
Both law and economics and intellectual property law have expanded dramatically in tandem over recent decades. This field-defining two-volume Handbook, featuring the leading legal, empirical, and law and economics scholars studying intellectual property rights, provides wide-ranging and in-depth analysis both of the economic theory underpinning intellectual property law, and the use of analytical methods to study it.
Volume 2 explores analytical methods used to study intellectual property law. The chapters survey data sources, the use of patent citation data, patent valuation, empirical studies of intellectual property modalities (patent, copyright, trademark, and trade secrets) and institutions, the impacts of technological change on technology and content industries, the use of experimental methods, economic history research, political economy, and knowledge commons research.
IPNTA is pleased to announce publication of Intellectual Property in the New Technological Age: 2020 (Volume I: Perspectives, Trade Secrets & Patents and Volume II: Copyrights, Trademarks & State IP Protections). It covers the Supreme Court's IP cases from the current Term and other recent developments—most notably passage of the Music Modernization Act. The format and coverage follows IPNTA2019. IPNTA has long been the best-selling general intellectual property coursebook. It integrates convenient tools (table of contents, headers, tabs) for navigating the materials. It is designed to be used in conjunction with intellectual property casebooks. This series is published annually. A separate volume Intellectual Property Statutes: 2020 offers a compendium of the principal U.S. intellectual property statutes and international treaties.
IPNTA is pleased to announce publication of Intellectual Property in the New Technological Age: 2020 (Volume I: Perspectives, Trade Secrets & Patents and Volume II: Copyrights, Trademarks & State IP Protections). It covers the Supreme Court's IP cases from the current Term and other recent developments—most notably passage of the Music Modernization Act. The format and coverage follows IPNTA2019. IPNTA has long been the best-selling general intellectual property coursebook. It integrates convenient tools (table of contents, headers, tabs) for navigating the materials. It is designed to be used in conjunction with intellectual property casebooks. This series is published annually. A separate volume Intellectual Property Statutes: 2020 offers a compendium of the principal U.S. intellectual property statutes and international treaties.
IP Statutes: 2020 provides the principal U.S. intellectual property statutes and treaties. The volume is organized to provide easy navigation with tabs and headers. It is a useful resource to be used in conjunction with intellectual property casebooks. It is also a useful resource for IP practitioners. This volume is published annually.
While China has been making rapid progress in giving out and enforcing IP rights, and the tactics of the practice are becoming well-known, the idea of putting tactics into service of a business goal — such as entering a new market — is mostly under the radar. This primer is written in English and Chinese, and is designed to help corporate lawyers understand the tools and tactics that constitute an effective IP strategy, and to put them into action.
This revised and updated casebook comprehensively compares the U.S. legal approach to problems of inequality and discrimination with the approaches of a variety of other legal systems around the world.
When US activists started using the #MeToo hashtag (as created by Tarana Burke) to speak out against sexual harassment, they joined, and then helped propel, a global movement.
On every continent, women are using the new tools of social media to confront one of the oldest barriers to equality: the threat of violence, including sexual harassment, as a tool of male supremacy. In The Global #MeToo Movement, produced by the Berkeley Center on Comparative Equality & Anti-Discrimination Law, 48 authors from 28 countries spanning every continent but Antarctica tell the story of how social media has driven a social movement against sexual harassment, and how the law has responded, often by helping men to push back.
Twenty-two of the 48 authors are women of color, and many are part of a new generation of young women bringing new insights to the fight against discrimination and harassment. The authors also include leading university professors, NGO activists, and government officials, including a justice of the Israeli Supreme Court and a member of the Irish Senate. Chapter one is by the acclaimed feminist legal scholar Catharine MacKinnon.
It’s the Civil Procedure Professors’ classic lament – litigators who are former students are always telling us that NOW they see why civil procedure is so important, and that NOW they understand it. Our challenge is to make the course accessible to our students while they are enrolled, not just after they start practicing. The Patt v. Donner case file is intended to do just that – to help civil procedure students put the course in context as they study, by requiring them to follow, and help draft the pleadings, as a simulated case unfolds from the first day of the semester to the last.
On day 1 students watch a ten-minute You Tube video of an initial client interview. Paula Patt, a newly arrived graduate student at UC Berkeley has been denied an apartment; she suspects it’s because she’s a single mother. Over the course of the semester students participate in drafting her complaint and seeking a TRO; switch sides to help complete motions to dismiss for failure to state a claim, lack of personal jurisdiction, and lack of subject matter jurisdiction; switch back to amend the complaint and move for discovery sanctions; oppose a motion to intervene, then move for—or oppose—summary judgment, and conclude the term with a settlement negotiation. Each pleading exercise provides the student with a largely completed pleading; all they need to do is draft a few key paragraphs. (We call this the 90% solution.)
The exercises can be completed as homework or in class, as solo assignments or in teams, and with feedback from the instructor, teaching assistants, or through peer review.
The instructors’ edition contains teaching notes, a ready to distribute Word version of each exercise, four videos (client interviews and depositions) and a completed example of each pleading exercise, ready for distribution.
Alice Rowe has brought an action for sexual harassment and wrongful discharge against her employer, Pacific Quad, Inc. She asserts that her supervisor, operations manager Stanley Schmit, continually leered at her, made offensive sexually suggestive comments to her, brushed by her in order to sexually touch her, and, finally, propositioned her during the two weeks she worked for Pacific Quad. She further alleges that the president of Pacific Quad, John Walsh, was informed of the harassment and ratified it.
Pacific Quad denies that the harassment occurred. Walsh and Schmit claim that Rowe was a highly nervous, marginally productive administrative assistant who was likely to be dismissed the week after she walked off the job. They claim to be mystified as to why she quit but speculate that she was paranoid or was extremely over sensitive and misunderstood the friendly atmosphere of their small, family-like office.
Rowe claims lost wages, medical expenses (psychotherapy), general damages for emotional distress, and punitive damages.
This case can be tried on the issue of liability only or liability and damages. There are three witnesses for the plaintiff and three for the defendant. The law library also has the Deposition File/Faculty Materials, Deposition File/Plaintiff Materials, and Deposition File/Defendant Materials.
Positive measures to prevent and remedy discrimination have been adopted in many parts of the world. By comparing the scope and form of such measures in different legal systems, we can gain a better perspective on our own system, and appreciate possible new approaches. This book compares positive anti-discrimination measures in the United States, India, Brazil, South Africa, Canada, the United Kingdom, and the European Union.
This book is an engaging and accessible text for a Business Associations or Corporations law course. The clear narrative that students love now includes full chapters on agency and partnership for professors who cover those concepts, as well as updated materials on environmental, social, and governance issues and on shareholder activism. The book uses explanatory and thought-provoking breakout boxes, as well as points for discussion, to prepare students for lively classroom conversation.
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.
Beyond These Walls traces the disturbing history of punishment and social control, revealing how the criminal justice system attempts to enforce and justify inequalities associated with class, race, gender, and sexuality. Prisons and police departments are central to this process, but other institutions – from immigration and welfare to educational and public health agencies – are equally complicit.
Platt argues that international and national politics shape perceptions of danger and determine the policies of local criminal justice agencies, while private policing and global corporations are deeply and undemocratically involved in the business of homeland security.
A flexible and engaging casebook, Evidence: Cases, Commentary, and Problems focuses on core concepts and central controversies in evidence law, presented through tightly edited cases, stimulating commentary from a wide range of perspectives, and carefully crafted problems. The Fifth Edition, while as streamlined and teachable as its predecessors, includes excerpts from more than fifty new cases and twenty new articles, fresh problems and enhanced editorial material, and three entirely new sections: one on machine-generated proof, one on digital forensics, and one on authenticating electronic evidence. There is new, up-to-date material on sexual assault cases, DNA evidence, social science evidence, privileges, judicial notice, hearsay, confrontation, "other crimes" evidence, and other key topics.
Cited by the National Academy of Sciences in its 2009 report on the nation's forensic science system as the resource for learning about the latest forensic techniques and scientific concepts used in collecting and evaluating evidence, and by the U.S. Supreme Court in its leading decisions, Daubert v. Merrell Dow and Melendez-Diaz v. Massachusetts, Scientific Evidence is authored by five of the nation's foremost authorities on the subject. Organized logically and written in clear terms for the active litigator, Scientific Evidence first covers rules and precedents relating to admissibility, constitutional limitations, discovery, expert testimony, laboratory reports, and chain of custody. It then analyzes the most frequently encountered scientific evidence and the latest developments in scientific evidence, the use of probabilistic genotyping software to analyze complex DNA samples, neuroscience, facial recognition, drugged driving testing, blockchain, and the use of liquid chromatography tandem mass spectrometry in drug testing.
Around the world, federalism has emerged as the system of choice for nascent republics and established nations alike. In this book, leading scholars and governmental advisers Robert Inman and Daniel Rubinfeld consider the most promising forms of federal governance and the most effective path to enacting federal policies. The result is an essential guide to federalism, its principles, its applications, and its potential to enhance democratic governance.
Drawing on the latest work from economics, political science, and law, Inman and Rubinfeld assess different models of federalism and their relative abilities to promote economic efficiency, encourage the participation of citizens, and protect individual liberties. Under the right conditions, the authors argue, a federal democracy—including a national legislature with locally elected representatives—can best achieve these goals. Because a stable union between the national and local governments is key, Inman and Rubinfeld also propose an innovative method for evaluating new federal laws and their possible impact on state and local governments. Finally, to show what the adoption of federalism can mean for citizens, the authors discuss the evolution of governance in the European Union and South Africa’s transition from apartheid to a multiracial democracy.
Interdisciplinary in approach, Democratic Federalism brims with applicable policy ideas and comparative case studies of global significance. This book is indispensable for understanding the importance of federal forms of government—both in recent history and, crucially, for future democracies.
The Principles of the Law, Data Privacy, are designed to guide the protection of data privacy. Information privacy law concerns the collection, use, and disclosure of personal information. Entities that collect such information are subject to many different statutes and regulations that lack conceptual harmony. This work identifies core principles useful for bringing greater coherence to the area and provides best practices for institutions other than the courts—in this case, entities that collect personal information and the legislatures and administrative agencies, state and federal, that regulate them. These Principles are valuable when addressing the difficult questions raised by the pervasive use of personal data, including questions of public health and the financial and personal safety of individuals.
The 2019 edition of the popular Privacy Law Fundamentals incorporates extensive new developments in privacy law. Privacy Law Fundamentals delivers vital information in a concise and digestible manner. It includes key provisions of privacy statutes; leading cases; tables summarizing the statutes; summaries of key state privacy laws; and overviews of various agency enforcement actions.
Poverty Law, Policy, and Practice is organized around an overview and history of federal policies, significant poverty law cases, and major government antipoverty programs—welfare, housing, health, legal aid, etc.—which map onto important theoretical, doctrinal, policy, and practice questions. The book includes academic debates about the nature and causes of poverty as well as various texts that help illuminate the struggles faced by poor people. Throughout, it contains reading selections highlighting different perspectives on whether poverty is primarily caused by individual actions, structural constraints, or a mix of both. Readers will come away from the book with both a sense of the legal and policy challenges that confront antipoverty efforts, and with an understanding of the trade-offs inherent in different government approaches to dealing with poverty.
New to the Second Edition: Updated coverage of the Affordable Care Act (Obamacare); Updated coverage of criminalization of poverty and efforts to decriminalize poverty; Additional content for every chapter, with an emphasis on new cases, data, and sources
Forensic DNA evidence has helped convict the guilty, exonerate the wrongfully convicted, identify victims of genocide, and reunite families torn apart by war and repressive regimes. Yet many of the scientific, legal, and ethical concepts that underpin forensic DNA evidence remain unclear to the general public; judges; prosecutors; defense attorneys; and students of law, forensic sciences, ethics, and genetics. This book examines the history and development of DNA forensics; its applications in the courtroom and humanitarian settings; and the relevant scientific, legal, and psychosocial issues. It describes the DNA technology used to compare the genetic profile of a crime scene sample to that of a suspect, as well as the statistical interpretation of a match. It also reviews how databases can be searched to identify suspects and how DNA evidence can be used to exonerate the wrongfully convicted. Recent developments in DNA technology are reviewed, as are strategies for analyzing samples with multiple contributors. The book recounts how the Grandmothers of the Plaza de Mayo searched for children kidnapped during military rule in Argentina, as well as more recent efforts to locate missing children in El Salvador. Other chapters examine the role that DNA forensics played in the identification of victims of genocide in Bosnia and of terrorism in the post-9/11 era. Social anthropologists, legal scholars, and scientists explore current applications of DNA analysis in human trafficking and mass catastrophes; border policies affecting immigration; and the ethical issues associated with privacy, informed consent, and the potential misuse of genetic data.
This single-volume treatise is largely free of citations to authority, but retains the most notable footnotes. Topics covered include preparing and presenting evidence, cross-examination, and the procedure for admitting and excluding evidence. Discusses privilege against self-incrimination, privilege concerning improperly obtained evidence, scientific evidence, and demonstrative evidence. Reviews authentication, the hearsay rule, burdens of proof, and presumptions. Text also identifies current issues.
In 1831 Virginia, Nat Turner led a band of Southampton County slaves in a rebellion that killed fifty-five whites, mostly women and children. After more than two months in hiding, Turner was captured, and quickly convicted and executed. In the Matter of Nat Turner penetrates the historical caricature of Turner as befuddled mystic and self-styled Baptist preacher to recover the haunting persona of this legendary American slave rebel, telling of his self-discovery and the dawning of his Christian faith, of an impossible task given to him by God, and of redemptive violence and profane retribution.
Much about Turner remains unknown. His extraordinary account of his life and rebellion, given in chains as he awaited trial in jail, was written down by an opportunistic white attorney and sold as a pamphlet to cash in on Turner’s notoriety. But the enigmatic rebel leader had an immediate and broad impact on the American South, and his rebellion remains one of the most momentous episodes in American history. Christopher Tomlins provides a luminous account of Turner’s intellectual development, religious cosmology, and motivations, and offers an original and incisive analysis of the Turner Rebellion itself and its impact on Virginia politics. Tomlins also undertakes a deeply critical examination of William Styron’s 1967 novel, The Confessions of Nat Turner, which restored Turner to the American consciousness in the era of civil rights, black power, and urban riots.
A speculative history that recovers Turner from the few shards of evidence we have about his life, In the Matter of Nat Turner is also a unique speculation about the meaning and uses of history itself.
This supplement brings the principal text current with recent developments in the law.
For many inside and outside the legal academy, the right place to look for law is in constitutions, statutes, and judicial opinions. This book looks for law in the “wrong places”—sites and spaces in which no formal law appears. These may be geographic regions beyond the reach of law, everyday practices ungoverned or ungovernable by law, or works of art that have escaped law’s constraints.
Looking for Law in All the Wrong Places brings together essays by leading scholars of anthropology, cultural studies, history, law, literature, political science, race and ethnic studies, religion, and rhetoric, to look at law from the standpoint of the humanities. Beyond showing law to be determined by or determinative of distinct cultural phenomena, the contributors show how law is itself interwoven with language, text, image, and culture.
Many essays in this volume look for law precisely in the kinds of “wrong places” where there appears to be no law. They find in these places not only reflections and remains of law, but also rules and practices that seem indistinguishable from law and raise challenging questions about the locations of law and about law’s meaning and function. Other essays do the opposite: rather than looking for law in places where law does not obviously appear, they look in statute books and courtrooms from perspectives that are usually presumed to have nothing to say about law.
Looking at law sideways, or upside down, or inside out defamiliarizes law. These essays show what legal understanding can gain when law is denied its ostensibly proper domain.
These updates bring the principal text current with recent developments in the law.
The Executive Committee of the Trusts and Estates Section of the California Lawyers Association is pleased to announce the publication of the Fourth Edition of its popular Guide to the California Rules of Professional Conduct for Estate Planning, Trust and Probate Counsel. The Guide explores the new Rules of Professional Conduct as those rules apply to our practice area. The new guide results from thousands of hours of work provided by dedicated volunteers. It includes analyses of the American Bar Association’s Model Rules of Professional Conduct provided by The American College of Trust and Estate Counsel (ACTEC). We trust that the Fourth Edition of the Guide will be a valuable addition to every practitioner’s library.
This handy book provides background information, citations to statutes and decisions, and expert insights on California business governance disputes.
In Defender in Chief, celebrated constitutional scholar John Yoo makes a provocative case against Donald Trump's alleged disruption of constitutional rules and norms.
Donald Trump isn't shredding the Constitution—he's its greatest defender.
Ask any liberal—and many moderate conservatives—and they'll tell you that Donald Trump is a threat to the rule of law and the U.S. Constitution. Mainstream media outlets have reported fresh examples of alleged executive overreach or authoritarian White House decisions nearly every day of his presidency. In the 2020 primaries, the candidates have rushed to accuse Trump of destroying our democracy and jeopardizing our nation's very existence.
Yoo argues that this charge has things exactly backwards. Far from considering Trump an inherent threat to our nation's founding principles, Yoo convincingly argues that Washington, Jefferson, Madison and Hamilton would have seen Trump as returning to their vision of presidential power, even at his most controversial. It is instead liberal opponents who would overthrow existing constitutional understanding in order to unseat Trump, but in getting their man would inflict permanent damage on the office of the presidency, the most important office in our constitutional system and the world.
This provocative and engaging work is a compelling defense of an embattled president's ideas and actions.
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. The book opens with an introduction of the creation of adolescence, presenting a justification for the category of the juvenile or a period of partial responsibility before full adulthood. Subsequent sections include empirical investigations of the nature of youth criminality and legal policy toward youth crime. 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.
The phenomenal growth of penal confinement in the United States in the last quarter of the twentieth century is still a public policy mystery. While there is unanimous condemnation of the practice, there is no consensus on the causes nor any persuasive analysis of what is likely to happen in the coming decades.
In The Insidious Momentum of American Mass Incarceration, Franklin E. Zimring seeks a comprehensive understanding of when, how, and why the United States became the world leader in incarceration to further determine how the use of confinement can realistically be reduced. To do this, Zimring first profiles the growth of imprisonment after 1970, emphasizing the important roles of both the federal system and the distribution of power and fiscal responsibility among the levels of government in American states. He also examines the changes in law enforcement, prosecution and criminal sentencing that ignited the 400% increase in rates of imprisonment in the single generation after 1975. Finally, Zimring then proposes a range of strategies that can reduce prison population and promote rational policies of criminal punishment.
Arguing that the most powerful enemy to reducing excess incarceration is simply the mundane features of state and local government, such as elections of prosecutors and state support for prison budgets, this book challenges the conventional ways we consider the issue of mass incarceration in the United States and how we can combat the rising numbers.
