Books & Contributions to Books

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  Contracts: Cases, Discussion and Problems

  Brian Blum, Amy Bushaw, and Kevin Tu

  2026

  Contracts: Cases, Discussion, and Problems is known for its strikingly clear, straightforward text that binds together and illuminates cases, concepts, and theory. The case selection in the book primarily consists of carefully edited modern, engaging cases, interspersed with classic older cases. The cases are followed by questions designed to draw students’ attention to difficult and crucial aspects of the court’s opinion and to prompt vigorous class discussion. Manageable problems supplement cases, sometimes as exercises in applying the principles arising from cases, and sometimes as a means of introducing topics taught most effectively through problems. A number of questions and problems raise transactional issues such as drafting, client counseling, and negotiation. The book’s focus on contemporary methods of contracting includes an ongoing emphasis on standard contracts in both traditional and electronic form. To provide students with a transnational perspective, most chapters of the book end with a short discussion of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the UNIDROIT Principles of International Commercial Contracts. There are multiple choice self-assessment questions for each chapter at the end of the book. The casebook’s organization begins with formation and then corresponds to the sequence followed by the Restatement (2nd) of Contracts and treatises. Its concise, efficient presentation results in an optimum length for a six-credit course, but with flexibility to allow for its adoption for a shorter course. The teacher’s manual offers guidance on the selection of materials for shorter coverage of each topic in the book.

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  A Brief American Legal History in a Nutshell

  Michael C. Blumm

  2026

  The book begins with the English influence on American law, then considers how law affected the split between two countries; how slavery was a bedrock economic principle by the revolutionary era; how lawyers influenced the Constitution; how the law accommodated the transportation revolution of the early 19th century; and how it failed to avoid--and perhaps exacerbated--the sectional conflict that led to the Civil War. The book proceeds to explain how the Supreme Court enfeebled the Civil War constitutional amendments and ratified post-Reconstruction 'Jim Crow' laws maintaining racial segregation not only of Blacks but also Asians. Also examined is how the conservative turn of the 20th century Court invoked constitutional law to challenge efforts to enact wage and hour labor legislation and ratified the 'special status' of women while denying them the right to vote, hold office, or enter professions. One of the features of the book is that it surveys common law developments throughout American history. In the 20th century, the Court stopped vetoing socio-economic legislation, and the political process revolutionized labor law during the New Deal of the 1930s. Later, in the 1960s, the Warren Court not only held state segregation unconstitutional, it bolstered rights to a free press, and established individual liberties in privacy, criminal procedure, and the right to vote. From the 1970s until into the 21st century, courts generally upheld the environmental law revolution, although the Roberts Court has recently erected what seem to be substantial obstacles, recalling the Court's impediments to labor legislation in an earlier century. The 21st century conservative Court has constitutionalized virtually unlimited campaign contributions, recognized individual gun possession, crippled voting rights legislation, erected new protections for religious liberty, and allowed partisan gerrymandering, to say nothing of stopping a recount in a presidential vote, thereby in effect appointing a president. And, of course, the Court's new supermajority's bombshell was its overruling of the right to abortion in 2022. The Court's new reliance on a "shadow docket" has allowed it to intervene in a variety of controversies without issuing opinions, drawing criticism as a threat to democratic decision-making. The intersection of law and politics, a theme throughout the book, has never been more apparent. A new final chapter is a lengthy account of the first six months of the Trump revolution, which is attempting a full-scale assault on the foundations of the social welfare state, immigration law, civil rights legislation, civil service protections, and environmental law, especially climate-change measures. Both the Roberts Court and Congress have been willing allies in the deconstruction. An astonishing and unprecedented restructuring of the American government on what was thought to be settled principles of separation of powers and judicial nonpartisanship seems underway, with the executive branch now in apparent full control, aided by a quiescent Congress and the acquiescence of the Supreme Court.

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  The Public Trust Doctrine in Brief

  Michael C. Blumm

  2026

  The public trust doctrine, a venerable doctrine, is the oldest legal principle recognizing public rights in natural resources. The doctrine originated in Roman law, resurfaced in English common law, and migrated to the United States in the early nineteenth century. The U.S. Supreme Court recognized public rights in navigable waters nearly two centuries ago, and the Court protected public trust resources from privatization as well as from substantial impairment in the late nineteenth century, perhaps announcing the nation's first environmental law. Although the federal test for navigability marks the minimum scope of resources subject to the doctrine, states have often expanded its scope to non-navigable waters, wetlands, water rights, wildlife, parklands, beaches, and public lands. Public usufructuary rights in private lands are not unusual.

  This book examines all these issues, from the public trust's origins to its variegated applications and its present-day significance. It provides an introduction to the doctrine, for both students and practitioners, of this historic and also contemporary protection of public rights in natural resources.

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  Becoming a Legal Writer, 2nd Edition

  Robin Boyle-Laisure, Christine Coughlin, and Sandy Patrick

  2026

  This workbook will help develop two essential lawyering skills: objective analysis and writing. Providing ample foundation in every chapter followed by short, targeted exercises, Becoming a Legal Writer is designed to complement any legal writing book or be used as a stand-alone text for academic support or pre-law instruction. The second edition contains new material and additional exercises including a pre-interview chart for client meetings, explanations and exercises on regulations and other federal authorities, a step-by-step process for analogical reasoning, a detailed chapter on counterarguments, and materials on using citations and avoiding plagiarism. Throughout the workbook, explanations and corresponding exercises are updated providing opportunities for students to articulate statutory and common law rules, revise roadmaps within thesis paragraphs, synthesize rules, illustrate cases, apply rules to facts, frame a question presented, state a brief answer, detail a longer conclusion, pose neutral facts, and edit and polish their work.

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  Criminal Law: Cases, Statutes, and Lawyering Strategies

  David Crump, John Parry, and Judith M. Barger

  2026

  Criminal Law: Cases, Statutes, and Lawyering Strategies reimagines how criminal law is taught by blending doctrinal depth with practical lawyering experience. This innovative casebook covers the full range of traditional criminal law doctrines, including extensive coverage of the most commonly tested bar exam subjects, and engages students through realistic problems and simulations that bring criminal law to life.

  Designed with flexibility in mind, the casebook supports a variety of teaching styles. Faculty can emphasize traditional case analysis, experiential learning, or a balanced combination of both. Clear and accessible explanations help students master complex material without sacrificing rigor, while integrated policy discussions connect criminal law to its broader social and ethical dimensions.

  Authored by faculty with decades of experience in both criminal practice and teaching criminal law, the casebook combines real-world insight with a deep understanding of how students learn best. Flowcharts, visual summaries, and other structured learning aids strengthen comprehension and appeal to diverse learning styles, whether students learn best through reading, discussion, or visual engagement. Each chapter fosters active learning and critical thinking about key doctrines and the realities of criminal practice, preparing students to succeed in the classroom and think like practicing lawyers.

  A comprehensive teacher's manual enhances the casebook with detailed case briefs, discussion questions, and guidance for facilitating exercises and simulations. With its blend of rigorous substance, engaging pedagogy, and practical skill development, Criminal Law: Cases, Statutes, and Lawyering Strategies stands out as a dynamic, forward-thinking resource for today's criminal law classroom.

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  American Factions: How the U.S. Constitution Can End Extreme Partisanship

  James L. Huffman

  2026

  Americans of all political stripes are becoming increasingly frustrated with the partisanship of present-day politics. Democrats and Republicans alike claim mandates on narrow margins of victory and are quick to condemn their opponents as enemies of the public good. The Framers of the Constitution understood that such divisions are rooted in the political factions inherent in democracy. Their solutions were federalism, the separation of powers, bicameralism, judicial review and other structural constraints on majority rule. Over the course of US history some of those constraints have been eroded as American politics have become more democratic and less respectful of the liberties and freedoms the Framers sought to protect. American Factions advocates for a renewed understanding of the problem of political factions and a restoration of the Constitution's limits to revive a politics of compromise and bipartisanship.

  • Surveys the framing history of the Constitution with a focus on the pervasive effort to control political factions
  • Outlines where the Framers' constitutional design has been altered by amendment and judicial interpretation
  • Provides solutions for the problem of political division, pointing to governmental structure, education, and appeals to civic virtue

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  Class Actions and Other Multi-Party Litigation in a Nutshell

  Robert H. Klonoff

  2026

  Completely revised and up to date. Thoroughly covers federal class actions and other multi-party litigation, including case law, applicable rules and statutes, and important secondary sources. Covers all of the major topics of class action law and practice, such as commencement of a class action, requirements for class certification, class action discovery, notice to class members, opt-out rights, Seventh Amendment and due process issues, class settlements, remedies, appellate review, issue and claim preclusion, ethical issues, ADR, and third-party financing. Numerous recent cases have been included. Also contains a special focus on securities, mass tort, and employment discrimination class actions, as well as defendant class actions, bankruptcy, joinder devices under the Federal Rules of Civil Procedure, and shareholder derivative suits. Explores the latest cutting-edge issues in multi-party litigation and discusses numerous ground-breaking court decisions. Importantly, this edition also contains a much-expanded treatment of Federal Multidistrict Litigation as well as a discussion of bankruptcy as a potential alternative to MDL.

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  Federal Multidistrict Litigation in a Nutshell

  Robert H. Klonoff

  2026

  This text is for students taking courses in complex litigation, advanced civil procedure, or mass torts. It is also designed as a concise book for members of the bench and bar who are handling multidistrict litigation cases. Its focus is on all aspects of federal multidistrict litigation (MDL), including statistics on MDL cases; comparisons with other aggregation devices (such as class actions); the decision of the Judicial Panel on Multidistrict Litigation (the Panel) to centralize cases (including the standards for centralization and the selection of the MDL district court and judge); appellate review of Panel decisions; tag-along cases; the role of the MDL transferee judge (including case management, designating lead lawyers and committees, deciding motions, conducting bellwether trials, overseeing settlements, and awarding attorneys' fees); choice-of-law issues in MDLs; personal jurisdiction and venue issues; remand of transferred cases; federal/state coordination (including state MDL statutes); and proposals for reform of MDL practice. The second edition contains substantial updates, including updated statistics, inclusion of very recent MDLs, a new chapter on bankruptcy issues, and a discussion of the new Federal Rule of Civil Procedure 16.1.

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  Introduction to the Study of U.S. Law

  Robert H. Klonoff

  2026

  This book is designed to introduce students to the highlights of the first-year curriculum at a U.S. law school. The first chapter provides an overview of the U.S. legal system. The seven chapters that follow focus on basic foundational subjects: constitutional law, civil procedure, contracts, torts, property, criminal procedure, and criminal law, each in a separate chapter. Although the first chapter consists entirely of articles and other commentary, the other seven chapters consist mainly of edited court decisions.
  
  All of the chapters contain notes and questions, highlighting important issues for discussion and providing citations to cases, articles, and other materials for more in-depth study.
  
  First, it is designed for international students who are attending a U.S. law school to pursue an LL.M degree or an S.J.D. degree. This book gives such students the opportunity to take an intensive course on U.S. law, thus enabling them to learn the fundamental concepts before taking upper-division courses.
  
  Second, this book is designed for international students who want to learn about U.S. law but who are not planning to attend a U.S. law school. U.S. law professors can teach the course in foreign law schools using this text. Also, foreign professors who have been trained at a U.S. law school can teach U.S. law at their home institutions.
  
  Third, the book is designed for undergraduate students who are considering law school or who otherwise want to learn basic legal concepts. Such a course could be taught by U.S. law professors at their undergraduate institutions.
  
  All such students share a common desire to learn the basics of U.S. law in one course. And all will benefit not only from the substantive materials but also from the experience of learning core subject areas.

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  Federal Multidistrict Litigation

  Robert H. Klonoff, Andrew D. Bradt, and Alexandra D. Lahav

  2026

  This Hornbook provides an authoritative and comprehensive analysis of all aspects of federal multidistrict litigation (MDL), from the decision to consolidate by the Judicial Panel on Multidistrict Litigation (JPML) to appointment of lead counsel, case management, jurisdictional issues, attorney's fees, settlement, trial, and resolution. Written by three professors who have studied MDLs for many years, have had direct experience in MDLs, and have served on the Civil Rules Advisory Committee and at the American Law Institute, the analysis aims to be objective and to consider positions of various participants in MDLs. The intent is for this book to be a reliable resource for judges and attorneys handling multidistrict litigation cases, as well as a resource for scholars and students in the field of complex litigation. Because the precedents in this area are not always found in published opinions, but often in unpublished orders issued by district court transferee judges overseeing MDLs, we describe, analyze, and collect orders that can serve as models for litigants and judges alike.

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  Routledge Handbook of Wildlife Crime

  Erica Lyman and Nick Fromherz

  2026

  Lewis & Clark Law School's Nick Fromherz and Erica Lyman co-authored Chapter 12, "Ecocide as Wildlife Crime."

  The Routledge Handbook of Wildlife Crime is part of the Routledge Environment and Sustainability Handbooks series. This book provides a comprehensive and state-of-the-art overview of wildlife crime in its various forms.

  The effects of wildlife crime and overexploitation are contributing to the possible extinction of one million species. These activities also harm human and nonhuman animals, ecosystems, and communities. To understand and tackle these issues, this handbook presents critical approaches to the study of wildlife crime grounded in empirical, methodological, and conceptual perspectives. Curated for an international audience of researchers, practitioners, and policymakers, its contributors are drawn from diverse disciplines, backgrounds, and geographies. The handbook addresses recognised challenges associated with wildlife crime, including transnational security, the role of corporations, legislative frameworks, and enforcement strategies, as well as broader concerns related to conservation, sustainable development, socio-environmental harm, and well-being. Importantly, it also delves into emerging areas, such as gender dynamics, digital markets and social media, social inequality and the marginalisation of vulnerable groups, and moral philosophy and ethics. This handbook equips readers to understand and respond to the multifaceted challenges of wildlife crime in the 21st century.

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  Companion Animal Law

  Russ Mead

  2026

  Have you ever wondered how laws protect animals living around us? Dogs, cats, chickens, and horses aren't just pets. They are family. They are community members. The rules and laws that affect them can mean the difference between a safe, happy life and one marked by danger and neglect. For example, some cities have banned declawing cats to prevent this painful procedure. Others allow it. In many cities, you're allowed to break a car window to save a pet from dangerous heat. But not everywhere. Some towns support efforts to care for feral cats. Others require animal control to remove them for euthanasia. Laws are different. These differences show why understanding animal law is important if you want to stand up for animals where you live.

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  Climate Obstruction: A Global Assessment

  Lisa Benjamin

  2025

  Climate obstruction involves intentional actions and efforts to slow or block policies on climate change that are commensurate with the current scientific consensus of what is necessary to avoid dangerous human interference with the climate system. With thirty-one lead authors coordinating twelve teams of more than one hundred total authors, this first-of-its-kind volume reviews obstruction efforts undertaken by fossil fuel industries, utilities, the transportation sector, agribusinesses, public relations firms, and organizations on the political far right. The chapters also examine the role and effects of the media in disseminating climate disinformation and misinformation. They assess climate obstruction efforts at the subnational level, in United Nations negotiations, across the Global South, and those aimed at adaptation. Finally, the reviews explore efforts to curb climate obstruction, including regulation and litigation as well as civil-society movements. This assessment shows that as climate action becomes globalized, efforts to obstruct it have become more deceptive, widespread, well-funded, and dangerous.

  In recent decades, legal and governmental efforts to counteract climate disinformation and obstruction have grown. Chapter 12 summarizes these efforts, including regulation, litigation, and government-led investigations. It discusses specific regulatory tools and how, though they can address obstruction of climate action, obstruction itself can create obstacles to their passage and enforcement. It describes litigation brought to hold corporations—particularly fossil fuel companies—directly responsible for the climate harm their products caused to communities and individuals, as well as detailing government-led investigations of the carbon majors. The chapter also discusses efforts to use the law to impede climate action, including suits against scientists and protestors along with actions against environmental reforms in the financial industry. Its findings suggest that legal and state efforts to address climate obstruction have already made a significant impact and are likely to become an important component of climate action globally.

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  Ocean Yearbook 39

  Lisa Benjamin and Cymie Payne

  2025

  Devoted to assessing the state of ocean and coastal governance, knowledge, and management, the Ocean Yearbook provides information in one convenient resource.
  
  As in previous editions, articles provide multidisciplinary expert perspectives on contemporary issues. Each new volume draws on policy studies, international relations, international and comparative law, management, marine sciences, economics, and social sciences. Each volume contains key recent legal and policy instruments.

  Description of the chapter "The ITLOS Advisory Opinion on Climate Change and International Law: a Solid Legal Foundation for State Obligations on Climate Change": On May 21, 2024, the International Tribunal for the Law of the Sea (ITLOS) issued an advisory opinion on States' specific obligations to address greenhouse gas pollution and protection and preservation of the marine environment in relation to climate change and ocean acidification. The opinion highlights the science of climate change, particularly IPCC reports, the international rules and standards of climate change, and the means and capabilities of States. The Tribunal analyzed the United Nations Convention on the Law of the Sea (UNCLOS), finding that greenhouse gases are pollutants within the scope of UNCLOS and therefore under UNCLOS States Parties have obligations to prevent, reduce, and control greenhouse gases from any source; to protect and preserve the marine environment; to cooperate with other States for this purpose; and to prepare environmental impact assessments taking into account cumulative impacts. ITLOS found that the standard for performing these obligations is one of conduct, and that due to the risk of serious and sometimes irreversible harm, the due diligence requirements are stringent. The opinion relies heavily on external international rules, incorporated as rules of reference under UNCLOS, including the Paris Agreement, the UN Framework Convention on Climate Change, and other relevant treaties.

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  Cambridge Handbook on Climate Litigation

  Lisa Benjamin and Sara L. Seck

  2025

  With over 2,500 climate-related cases filed worldwide, climate litigation is rapidly evolving but lacks a comprehensive resource for guiding judicial approaches. The Cambridge Handbook on Climate Litigation fills this void, offering an authoritative guide to climate litigation’s complex landscape. Judges, lawyers, and scholars will find insights into how courts globally have addressed recurring issues, from causation to human rights impacts. Building on the rich transnational judicial dialogue already occurring within climate litigation, the Handbook distils emerging best practices with an eye towards the progressive development of the field. Its unique focus on replicable strategies in case law makes it a strategic resource for shaping the future of climate litigation.

  Chapter 16 on Causation explores the challenges of proving causation in an interconnected system like the climate, where multiple actors contribute to the overall impacts. The authors highlight the significance of probabilistic approaches, recognising that establishing direct causation can be challenging due to the nature of climate change and the cumulative nature of greenhouse gas emissions. In their exploration of emerging best practices, the authors underscore the growing recognition among courts of the need for nuanced interpretations of causation requirements in climate litigation. They highlight innovative judicial strategies that utilise scientific evidence and expert testimony to assess the contribution of specific actors to climate impacts, even in the absence of direct causation. They emphasise the importance of interdisciplinary collaboration between legal and scientific experts to navigate the complexities of causation in climate cases. By incorporating and further developing these emerging best practices, courts can facilitate an accurate and fair distribution of responsibilities through the cases they adjudicate.

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  Contracts: Examples and Explanations

  Brian Blum

  2025

  A favorite classroom prep tool of successful students and often recommended by professors, the Examples & Explanations (E&E) series provides an alternative perspective to help you understand your casebook and in-class lectures. Each E&E offers hypothetical questions complemented by detailed explanations that allow you to test your knowledge of the topics in your courses and compare your own analysis.

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  Elgar Concise Encyclopedia of Artificial Intelligence and the Law

  Tabrez Ebrahim

  2025

  This comprehensive Encyclopedia provides a groundbreaking exploration of the transformative impact of artificial intelligence (AI) technology on legal systems worldwide. With over 100 expert-authored entries, the volume delivers authoritative analysis of how rapidly evolving AI technologies intersect with established legal frameworks. The text covers a broad spectrum of topics, from foundational AI concepts to its most advanced applications in legal practice, while addressing the technology''s implications across major areas of law.

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  The Cambridge Handbook of Emerging Issues at the Intersection of Commercial Law and Technology

  Tabrez Ebrahim

  2025

  The Cambridge Handbook of Emerging Issues at the Intersection of Commercial Law and Technology is a timely and interdisciplinary examination of the legal and societal implications of nascent technologies in the global commercial marketplace. Featuring contributions from leading international experts in the field, this volume offers fresh and diverse perspectives on a range of topics, including non-fungible tokens, blockchain technology, the Internet of Things, product liability for defective goods, smart readers, liability for artificial intelligence products and services, and privacy in the era of quan-tum computing. This work is an invaluable resource for academics, policymakers, and anyone seeking a deeper understanding of the social and legal challenges posed by tech-nological innovation, as well as the role of commercial law in facilitating and regulating emerging technologies.

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  Elgar Concise Encyclopedia of Animal Law

  Nicholas Fromherz, Hira Jaleel, Erica Lyman, Russ Mead, Rajesh K. Reddy, and Joyce Tischler

  2025

  Nick Fromherz and Erica Lyman contrituted Chapter 112, "Wildlife Crime."

  Hira Jaleel contributed Chapter 81, "Overview of Pakistani Animal Law."

  Russ Mead contributed Chapter 91, "Professional Ethics for Animal Lawyers."

  Rajesh K. Reddy contributed Chapter 99, "Rights of Nature."

  Joyce Tischler contributed Chapter 6, "The Animal Law Movement."

  With contributions from over 135 international experts, this Encyclopedia provides an expansive overview of the emerging field of animal law. Focusing on the legal regulation of human interactions with non-human animals, the volume serves as an insightful guide to how the law can promote the wellbeing of animals as well as the environment. Entries by leading specialists delve into the history of the animal law movement, the science exploring animal welfare and animal sentience, and ethics, law, and politics. They also examine the relationship between animals and artificial intelligence and discuss how human responsibility for animals manifests economically and socially, including through insurance and civil and criminal liability. The Elgar Concise Encyclopedia of Animal Law is a vital resource for students and scholars in animal studies, criminal law, and law and society, as well as lawyers and policymakers. The contributions are also invaluable to animal advocates and to lawyers working in a variety of contexts, including for government agencies and non-profit organisations. Key Features: Includes 119 doctrinal entries covering a variety of practice and doctrinal areas Brings together over 135 experts from Africa, the Americas, Asia, Australia and Europe Provides comprehensive and timely coverage of laws governing and affecting animals across the globe.

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  Cambridge Handbook on Climate Litigation

  Rachel M. Pemberton and Michael C. Blumm

  2025

  With over 2,500 climate-related cases filed worldwide, climate litigation is rapidly evolving but lacks a comprehensive resource for guiding judicial approaches. The Cambridge Handbook on Climate Litigation fills this void, offering an authoritative guide to climate litigation's complex landscape. Judges, lawyers and scholars will find insights into how courts globally have addressed recurring issues, from causation to human rights impacts. Building on the rich transnational judicial dialogue already occurring within climate litigation, the Handbook distills emerging best practices with an eye towards the progressive development of the field. Its unique focus on replicable strategies in case law makes it a strategic resource for shaping the future of climate litigation.

  Chapter 10 on International Atmospheric Trust cases investigates the application of the public trust doctrine in climate litigation. Historically, under this doctrine courts have maintained that certain natural and cultural resources should be held in trust for the public, with the government acting as a trustee. The authors explain the practical application and interpretation of this doctrine in climate litigation, examining key cases (through 2022) across various jurisdictions, including the United States, Canada, India, Pakistan, and Uganda. The effect is to produce a Restatement of best practices in climate litigation revealing the successes and challenges encountered when invoking the public trust doctrine in climate litigation. This review of the case law reveals an emerging distinction between the U.S., which has seen the erection of procedural barriers in federal and state courts to avoid deciding cases on the merits, and international courts, who have reached the merits of several cases, ordering remedial actions. The chapter underscores the potential of this doctrine to induce more robust climate action among the political branches of government, reflecting a growing recognition among courts outside the U.S. of their own role in safeguarding the atmosphere.

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  7 October 2023: Book II, Perspectives

  David Schraub

  2025

  7 October 2023 II: Perspectives offers a glimpse into some of the many perspectives on the horrors of Hamas' 7 October massacre in Israel and subsequent events in Israel, Gaza, Palestine, and beyond. This is the second of two 7 October 2023 books on the subject published by Mellen Press. The first one I co-edited with Bonita Nathan Sussman: 7 October 2023: Jewish Reflections from Around the Globe. Bonita played an important role in finalizing this work as well.

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  Deliberation, Dismissal, and Democracy

  David Schraub

  2025

  Deliberation, Dismissal, and Democracy examines the common instinct to ""dismiss"" claims that make us uncomfortable, rather than engaging in a deliberation of their merits. Focusing on dismissal as a primarily social, rather than legal, phenomenon, David Schraub identifies the problems that stem from the tendency to dismiss and proposes ways we can confront the hard thoughts that must be properly considered in a healthy democracy.

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  National Security Lies

  Tung Yin

  2025

  This thought-provoking book details the national security lies told by presidents of the United States throughout history, both to Congress and to the public. Tung Yin explains how current laws do not set up sufficient prevention measures and proposes legislative reform to regulate such lies.
  
  

  Utilizing a strong moral and legal foundation, Yin analyzes the difference between political, personal, and national security lies, and underlines the importance of checks and balances. In this book, he presents a legislative proposal which would allow for a contemporaneous record of every national security lie, free from post-hoc rationalization. Yin argues that keeping an operation covert is defensible, but that covering up government misconduct is not fit for a functioning democracy. Highlighting dozens of national security lies from Roosevelt through to the Biden administration, chapters provide a useful categorization of the lies by context and purpose, ultimately stimulating discussion about the appropriateness of national security lies in the USA’s constitutional structure.
  
  

  National Security Lies is a useful resource for students and researchers in law and politics as well as terrorism and security law. It is also an invigorating read for political scientists focused on constitutional separation of powers, as well as historians and journalists focused on national security.

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  Federal Tax Valuation

  John A. Bogdanski

  2024

  Federal Tax Valuation provides in-depth analysis of fair market value, valuation approaches, valuation in the absence of an active market, minority discounts and the “swing vote” theory, the enigmatic lack-of-marketability discount, and strategies for valuing S corporation stock.

  You'll find concise and comprehensive answers to all important estate planning questions concerning valuations.

  Keep abreast of all the court cases and IRS rulings on valuation of family limited partnerships (FLPs) and other tax-avoidance entities. Find out how to create and defend discounts for undivided partial interests in property, such as tenancies in common; how to value stock in S corporations; how to establish GRATs, QPRTs, and other tax-minimizing trusts; and how to obtain valuation benefits using buy-sell agreements and other transfer restrictions.

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  A Lawyer Writes: A Practical Guide to Legal Analysis

  Christine Coughlin, Joan Malmud Rocklin, and Sandy Patrick

  2024

  This new edition of...[this] text teaches the foundational principles of critical reading, analysis, and writing in a clear and accessible way. By putting the reader in the place of a first-year attorney, the text shows law students how to succeed in law school and in the practice of law. Using graphics and contrasting effective and weak examples to illustrate concepts, the book demonstrates best practices in both traditional and electronic environments...[This book] communicates essential skills and theories so that they will be retained for a lifetime of legal practice.

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  Legal Protection of the Environment

  Craig N. Johnston and Victor B. Flatt

  2024

  The new edition features a new introduction to environmental law, and the ways that environmental regulation is implemented. It also contains updated sections on the major federal environmental laws, including the NEPA amendments of 2023. It continues to be an excellent tool for analyzing environmental issues and teaching how to be an environmental lawyer.

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  Biodiversity Laws, Policies and Science in Europe, the United States and China

  Daniel J. Rohlf

  2024

  This book offers an in-depth analysis of and multidisciplinary insights into the latest trends in biodiversity laws, policies and science in Europe, the United States, and China. The loss of biodiversity and degradation of ecosystems continues at an alarming rate, harming people, the economy, and the climate. As biodiversity cannot be meaningfully addressed by any single field, a multidisciplinary approach is needed to attain a better understanding of its complexity and to identify prevention and protection systems.

  Each chapter addresses a specific aspect of biodiversity. Taken together, they provide an innovative exploration of the various facets of biodiversity from the perspectives of law, the social sciences and natural sciences. As such, the book offers an essential theoretical and practical guide for academics, experts, policymakers, and students alike.

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  Bankruptcy and Debtor/Creditor: Examples and Explanations

  Brian Blum and Samir Parikh

  2023

  Through its previous seven editions, Examples & Explanations: Bankruptcy and Debtor/Creditor has been popular with students and practitioners for its extraordinarily lucid explanations of complex concepts. In this eighth edition, the coauthors, Brian Blum and Samir Parikh, combine their expertise to enhance the book’s treatment of all salient areas of bankruptcy and debtor-creditor law. Although there are many changes in the eighth edition, it maintains the format and approach of previous editions. The textual discussion of the principles, goals, policies, and legal rules of Bankruptcy and Debtor-Creditor law is clear and accessible. The Examples & Explanations pedagogy gives the reader practice interpreting the Bankruptcy Code and applying the rules and principles to factual situations.

  This book will help law students master fundamental federal bankruptcy and state debtor-creditor concepts and rules, which will help them succeed in upper-level bankruptcy/debtor-creditor courses; and it will also give them a leg up when they encounter bankruptcy in other areas, such as family law, taxation, real estate, business organizations, secured transactions, torts, and others.

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  A Brief American Legal History in a Nutshell

  Michael Blumm

  2023

  A Brief American Legal History is an accessible survey of the law throughout American history, written for lawyers and law students without an historical background as well as for those interested in American history without law school training. The book begins with the English influence on American law, then considers how law affected the split between two countries; how slavery was a bedrock economic principle by the revolutionary era; how lawyers influenced the Constitution; how the law accommodated the transportation revolution of the early 19th century; and how it failed to avoid--and perhaps exacerbated--the sectional conflict that led to the Civil War. The book proceeds to explain how the Supreme Court enfeebled the Civil War constitutional amendments and ratified post-Reconstruction "Jim Crow" laws maintaining racial segregation not only of Blacks but also Asians. Also examined is how the conservative Court and invoked constitutional law to challenge efforts to enact wage and hour labor legislation and ratified the "special status" of women while denying them the right to vote, hold office, or enter professions. One of the features of the book is that it surveys common law developments throughout American history. In the 20th century, the Court stopped vetoing socio-economic legislation, and the political process revolutionized labor law during the New Deal. In the 1960s, the Warren Court not only held state segregation unconstitutional, it bolstered rights to a free press, and established individual liberties in privacy, criminal procedure, and the right to vote. From the 1970s until into the 21st century, courts generally upheld the environmental law revolution, although the Roberts Court has recently erected what may be substantial obstacles, recalling the Court's impediments to labor legislation in an earlier century. The 21st century conservative Court constitutionalized unlimited campaign contributions, recognized individual gun possession, crippled voting rights legislation, erected new protections for religious liberty, and allowed partisan gerrymandering, to say nothing of stopping a recount in the presidential vote, thereby in effect appointing a president. And, of course, the Court's new supermajority's bombshell was its overruling of the right to abortion in 2022. The Court's new reliance on a "shadow docket" has allowed it to intervene in a variety of controversies without issuing opinions, drawing criticism as a threat to democratic decisionmaking. The intersection of law and politics, a theme throughout the book, has never been more apparent.

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  Wildlife Stewardship on Tribal Lands : Our Place is in Our Soul

  Michael Blumm and Lizzy Pennock

  2023

  This groundbreaking book brings together Native American and Indigenous scholars, wildlife managers, legal experts, and conservationists from dozens of tribes to share their wildlife stewardship philosophies, histories, principles, and practices.

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  Federal Appellate Practice and Procedure in a Nutshell

  Gregory A. Castanias and Robert H. Klonoff

  2023

  Provides an overview of federal appellate practice and procedure. It focuses both on the federal courts of appeals and on the US Supreme Court. Federal circuit court topics include: preservation of error, the final judgment rule and its exceptions, the notice of appeal, parties to the appeal, relief pending appeal, standards and scope of review, briefing and oral argument, alternative dispute resolution, entry of judgment, and rehearing en banc. Supreme Court topics include: jurisdiction over federal cases, jurisdiction over state cases, the certiorari process, original jurisdiction, briefing and oral argument, and the role of the Solicitor General. Also includes discussions of the structure and caseloads of the federal appellate system, appellate ethics and professionalism, certification of issues to state courts, appellate court procedures during COVID, and the future of appellate justice.

• 

  The International Handbook on Clinical Tax Education

  Sarah Lora and Christine Speidel

  2023

  While tax clinics have existed in the US for decades, they are now being established throughout the world, with recent developments in Australia, the UK and Ireland. This handbook equips readers interested in starting a clinical tax project. It also explores the benefits of clinical tax education for students, local communities, and policymakers, revealing clinics as a tool to further the fairness and efficiency of any tax system.

• 

  Intellectual Property Law: Cases & Materials

  Lydia Pallas Loren and Joseph Scott Miller

  2023

  Version 8.0 continues to provide engaging and challenging coverage of all the major types of intellectual property law: trade secret, patent, copyright, and trademark law. Covering cases and developments through Spring 2023, the Eighth Edition includes all the latest Supreme Court cases that are necessary to a survey course, including the Court's recent copyright fair use opinion Andy Warhol Foundation v. Goldsmith. Each chapter continues to optimize clear presentation of tightly edited cases and concise notes and questions.

  The book kicks off with an introductory chapter that explores the basic policies animating intellectual property law, and concludes with an overarching chapter on intellectual property limits with two sections, one on preemption and one on first sale, and a short chapter on remedies. This book is designed to guide student analysis, as well as to challenge students to make vital connections within and across doctrines and policies.

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  Cases and Problems in Civil Rights Litigation: State, Federal and International Perspectives

  John Parry

  2023

  Cases and Problems in Civil Rights Litigation provides an innovative approach to this complex, difficult, and important area of law. The book first situates federal civil rights litigation in a broader context by exploring sovereign immunity and state tort remedies for official misconduct. Next, the book presents the three primary forms of constitutional civil rights litigation: Ex parte Young, 42 U.S.C. § 1983, and Bivens. After giving students a basic understanding of these causes of action, the book devotes chapters to the most common substantive claims, proper defendants, immunity defenses, and remedies. The last chapters of the book address two special topics: the intersection of civil rights claims with the criminal justice system (including an overview of habeas corpus law), and an introduction to the possibilities for international human rights litigation in U.S. courts.
  
  Just as important, Cases and Problems in Civil Rights Litigation repeatedly asks students to test their understanding of the law. The book begins with several fact patterns, and every chapter contains additional fact patterns drawn from real incidents and cases. Students also have the opportunity to complete two practice exercises: a civil rights complaint, and a memorandum in support of a motion to dismiss a complaint on qualified immunity grounds.
  
  

  This unique blend of theory, doctrine, context, and practice will immerse students in the world of civil rights litigation and provide essential tools for practice in this area.

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  Native American Natural Resources Law: Cases and Materials

  Judith V. Royster, Michael Blumm, Elizabeth Ann Kronk Warner, and Monte Mills

  2023

  Native American Natural Resources Law: Cases and Materials provides a thorough examination of the interconnection between land, religion, culture, and the law. The text includes basic Indian law history and focuses on aboriginal, treaty, and executive order title; allotment; and the intersection between Indian Country and surrounding lands. Special emphasis is placed on the tribal role in environmental protection, tribal natural resources development, and tribal taxation authority, as well as a detailed consideration of water rights and usufructurary rights to hunt, fish, and gather.

  The fifth edition incorporates the many major developments in the law since the fourth edition, with expanded materials on momentous decisions of the United States Supreme Court, such as McGirt v. Oklahoma, and ongoing land management issues, including tribal-federal costewardship of places like Bears Ears National Monument and elsewhere; the numerous policy initiatives of the Biden administration aimed at reshaping the federal-tribal relationship; and important circuit court decisions related to water rights, the federal government's trust relationship with tribes, and much more.

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  Trade and the Environment: Law and Policy

  Chris Wold and Sanford E. Gaines

  2023

  This book examines the influence of international trade law--in particular, the agreements of the World Trade Organization (WTO)--on environmental law and the environment. It presents policy arguments about the connections between trade and environmental protection and the linkage with broader concerns about sustainable development and the economic and environmental prospects for developing countries. It also considers the work of international institutions created to address these connections and the role of public participation in both disputes and trade agreement negotiations. It explores key disputes, including those involving trade restrictions on tuna, shrimp, asbestos, and beef hormones. These disputes cover key trade disciplines, including tariffs, import restrictions, subsidies, and investment. These disputes and trade disciplines intersect with key environmental concepts, including the protection of human health, fisheries and timber management, ecolabels, and climate change, illustrating how trade law affects consumer choices and regulatory and trade policy choices of governments.

• 

  Contracts: Cases, Discussion, and Problems

  Brian Blum and Amy Bushaw

  2022

  Casebook on the law of contracts; includes problems for students.

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  Pacific Salmon Law and the Environment: Treaties, Endangered Species, Dam Removal, Climate Change, and Beyond (Tables and Preface)

  Michael Blumm

  2022

  The law and policy of salmon protection and restoration are complex, and matters surrounding salmon implicate topics as varied as Indian treaty fishing rights, dam management and removal, international treaties, predator con­trol, and climate change. Pacific Salmon Law and the Environment chronicles the diverse issues concerning salmon allocation, management, and restoration in the 21st century, providing the historical understanding necessary for an accurate perspective of the present-day problems salmon face. The book is a must-read for ecologists, biologists, attorneys, educators, activists, students, and others concerned about the fate of salmon in the Pacific Northwest in the climate-challenged 21st century. More information is at: https://www.eli.org/eli-press-books/pacific-salmon-law-and-environment-treaties-endangered-species-dam-removal-climate.

• 

  Sacrificing the Salmon: A Legal History of the Decline of Columbia Basin Salmon (Full Text Part 2 of 2)

  Michael Blumm

  2022

  Salmon remain the cultural and economic soul of the Pacific Northwest, a species whose very life cycle largely defines the region. At the center of the salmon region lies the Columbia River, which once supported the world's largest salmon runs and which now is home to the world's largest interconnected hydroelectric system. These massive federal and non-federal dams have devastated Columbia Basin salmon runs, some of which are now extinct, others are on life-support.

  This book tells the story of the decline of the Columbia Basin salmon in the 20th century. But it begins earlier, with the signing of mid-19th century Indian treaties that promised the tribes the right of taking fish in return for ceding some 64 million acres of land to the onrushing United States. This treaty promise was actually the first in a series of promises that the salmon runs would be maintained. The book uses the promise metaphor to examine the state of salmon and surrounding legal and institutional environment over the last century-and-a-half. None of the promises have been fully kept.

  Among ensuing promises was a false hope that a region-wide commitment to salmon hatcheries could replace salmon habitat lost to development, especially hydroelectric development. Another promise was the 1980 Northwest Power Act's restoration program, which once envisioned doubling Columbia Basin salmon runs. Failure of that promise led to ongoing and largely unsuccessful efforts under the Endangered Species Act (ESA) to conserve the dwindling salmon runs. The book is especially critical of ESA implementation, maintaining that the listing of salmon under the statute has done much more to change ESA administration than the ESA has done to revive the salmon runs. Other promises the book examines concern the 1985 Pacific Salmon Treaty with Canada, hydroelectric licensing under the Federal Power Act, and water quality protection under the Clean Water Act.

  The book includes chapters on the judicial interpretation of Indian treaties, a history of dam building in the Northwest, the rise of ecosystem management planning, and the case for breaching four Lower Snake River dams. Concluding chapters examine the prospects for wild salmon runs in the 21st century and lessons from the decline of Columbia Basin salmon for other resources in other areas.

• 

  Carceral Logics: Human Incarceration and Animal Captivity

  Pamela D. Frasch

  2022

  Carceral logics permeate our thinking about humans and nonhumans. We imagine that greater punishment will reduce crime and make society safer. We hope that more convictions and policing for animal crimes will keep animals safe and elevate their social status. The dominant approach to human-animal relations is governed by an unjust imbalance of power that subordinates or ignores the interest nonhumans have in freedom. In this volume Lori Gruen and Justin Marceau invite experts to provide insights into the complicated intersection of issues that arise in thinking about animal law, violence, mass incarceration, and social change.

• 

  Tax Issues For Immigrants

  Sarah Lora, Robert G. Nassau, and Samuel Channing Rock

  2022

  Tax Issues for Immigrants introduces the reader to the basics of taxation for immigrants, their spouses, and their dependents, as well as immigration law as it intersects with tax law. Content includes recent changes to immigrants' eligibility for tax credits, identification numbers for taxpayers without Social Security numbers, and other considerations for noncitizens.

• 

  An Advocate Persuades:

  Joan Malmud Rocklin, Robert B. Rocklin, Christine Coughlin, and Sandy Patrick

  2022

  An Advocate Persuades introduces its reader to the role of the advocate and the tools of persuasion. This book, like its predecessor A Lawyer Writes, places the reader in the role of a first-year attorney. Now, that first-year attorney must draft a motion or appellate brief and then present an oral argument. With step-by-step explanations and numerous examples, An Advocate Persuades explains how to develop and refine trial-level and appellate arguments and then how to present those arguments orally. Speaking to its readers in a straightforward manner, An Advocate Persuades communicates both the theories and foundational skills of persuasion so that they will be retained for a lifetime of legal practice.

• 

  Immigration and Citizenship: Process and Policy

  T. Alexander Aleinikoff, David A. Martin, Hiroshi Motomura, Maryellen Fullerton, Juliet Stumpf, and Pratheepan Gulasekaram

  2021

  The Ninth Edition of this pathbreaking casebook continues its tradition of comprehensive coverage, with problems and exercises that allow students to hone skills as counselors, litigators, and policy advisors. These virtues have become especially important in light of the many changes to immigration and citizenship law since the Eighth Edition went to press in mid-2016. This new edition opens with a reworked foundational chapter that guides students through the casebook in two key dimensions: a basic framework for constitutional immigration law, and an overview of the core administrative law principles that recently have risen to prominence in the making of immigration and citizenship law. This Ninth Edition has thoroughly updated coverage of admissions categories, unauthorized migrants, admission procedures, detention, citizenship, removability, refugees and asylum, federal enforcement, and state and local measures. The treatment of every topic is streamlined, making for a slimmer volume. In each chapter, the Ninth Edition emphasizes both core and cutting-edge issues, while optimizing teachability for a wide variety of course settings.

• 

  The Public Trust Doctrine in Environmental and Natural Resources Law

  Michael Blumm and Mary Christina Wood

  2021

  The public trust doctrine (PTD), an ancient anti-monopoly precept of property law inherited from Roman and civil law, exists in every United States jurisdiction and several international ones. The PTD, originally concerned with navigation and fishing, has emerged as an organizing principle for natural resources management in the twenty-first century, for it posits government trustees as stewards for both present and future generations. This casebook examines the role of the public trust doctrine in managing waterways, wetlands, water rights, wildlife, the atmosphere, and uplands like beaches and parks. The materials are suited for either an upper-division environmental or natural resources law course or a seminar.

  The third edition includes important new cases, including the Pennsylvania Supreme Court's landmark decision in Pennsylvania Environmental Defense Foundation v. Commonwealth, recognizing the inherent nature of the public trust doctrine in the state's constitution; the California Court of Appeal's decision in Environmental Law Foundation v. State Water Resources Control Board, extending the public trust to groundwater extraction; the North Carolina Court of Appeals' decision in Nies v. Town of Emerald Isle, recognizing the doctrine's application to North Carolina beaches, and others. It also includes a new chapter on atmospheric trust litigation, including Juliana v. United States, and a chapter compiling pioneering cases world-wide recognizing fundamental rights to ecology based on the public trust doctrine, rights of nature, and other emerging principles.

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  Class Actions and Other Multi-Party Litigation In a Nutshell

  Robert H. Klonoff

  2021

  Completely revised and up to date. Thoroughly covers federal class actions and other multi-party litigation, including case law, applicable rules and statutes, and important secondary sources. Covers all of the major topics of class action law and practice, such as commencement of a class action, requirements for class certification, class action discovery, notice to class members, opt-out rights, Seventh Amendment and due process issues, class settlements, remedies, appellate review, issue and claim preclusion, ethical issues, ADR, and third-party financing. Also contains a special focus on securities, mass tort, and employment discrimination class actions, as well as treatment of federal multidistrict litigation, defendant class actions, bankruptcy, joinder devices under the Federal Rules of Civil Procedure, and shareholder derivative suits. Explores the latest cutting-edge issues in multi-party litigation and discusses numerous ground-breaking court decisions. This latest edition also contains a detailed treatment of the 2018 amendments to the federal class action rule.

• 

  Introduction to the Study of U.S. Law

  Robert H. Klonoff

  2021

  This book is designed to introduce students to the highlights of the first-year curriculum at a U.S. law school. The first chapter provides an overview of the U.S. legal system. The seven chapters that follow focus on basic foundational subjects: constitutional law, civil procedure, contracts, torts, property, criminal procedure, and criminal law, each in a separate chapter. Although the first chapter consists entirely of articles and other commentary, the other seven chapters consist mainly of edited court decisions.

  
  
  

  All of the chapters contain notes and questions, highlighting important issues for discussion and providing citations to cases, articles, and other materials for more in-depth study.

  
  
  

  First, it is designed for international students who are attending a U.S. law school to pursue an LL.M degree or an S.J.D. degree. This book gives such students the opportunity to take an intensive course on U.S. law, thus enabling them to learn the fundamental concepts before taking upper-division courses.
  
  

  Second, this book is designed for international students who want to learn about U.S. law but who are not planning to attend a U.S. law school. U.S. law professors can teach the course in foreign law schools using this text. Also, foreign professors who have been trained at a U.S. law school can teach U.S. law at their home institutions.
  
  

  Third, the book is designed for undergraduate students who are considering law school or who otherwise want to learn basic legal concepts. Such a course could be taught by U.S. law professors at their undergraduate institutions.

  
  
  

  All such students share a common desire to learn the basics of U.S. law in one course. And all will benefit not only from the substantive materials but also from the experience of learning core subject areas.

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  Copyright in a Global Information Economy

  Julie E. Cohen, Lydia Pallas Loren, Ruth L. Okediji, and Maureen A. O'Rourke

  2020

  Copyright in a Global Information Economy, Fifth Edition

  provides both comprehensive topic coverage and integrated treatment of doctrinal, theoretical, international, and policy questions. It seamlessly facilitates a variety of teaching styles and preferences ranging from the more theoretical to the more practice-oriented. Each section includes practice exercises that enable students to apply what they have learned and to practice skills relating to advocacy, drafting, and client counseling.

  New to the Fifth Edition:

  • Updated and streamlined introductory materials on copyright’s context and justifications
  • Revised coverage of doctrines relating to authorship and copying in fact to emphasize problems that arise in organizational settings
  • Coverage of the Music Modernization Act of 2018 and its implications for the specialized system of music copyright rules
  • New case law on the extent of online service providers’ duty to maintain and implement procedures for terminating accounts of repeat infringers
  • Coverage of the European Union’s Digital Single Market directive and its implications for online service provider obligations to copyright holders
  • Revised coverage of materials relating to termination of transfers to reflect current controversies

• 

  Federal Multidistrict Litigation in a Nutshell

  Robert H. Klonoff

  2020

  This text is for students taking courses in complex litigation, advanced civil procedure, or mass torts. It is also designed as a concise book for members of the bench and bar who are handling multidistrict litigation cases. Its focus is on all aspects of federal multidistrict litigation (MDL), including statistics on MDL cases; comparisons with other aggregation devices (such as class actions); the decision of the Judicial Panel on Multidistrict Litigation (the Panel) to centralize cases (including the standards for centralization and the selection of the MDL district court and judge); appellate review of Panel decisions; tag-along cases; the role of the MDL transferee judge (including case management, designating lead lawyers and committees, deciding motions, conducting bellwether trials, overseeing settlements, and awarding attorneys’ fees); choice-of-law issues in MDLs; personal jurisdiction and venue issues; remand of transferred cases; federal/state coordination (including state MDL statutes); and proposals for reform of MDL practice.

• 

  Oxford Handbook of Research Ethics

  Alicia Ouellette

  2020

  Lewis & Clark Law School Dean Alicia Ouellette contributed chapter 33, "People with Disabilities in Human Subjects Research: A History of Exploitation, a Problem of Exclusion." People with disabilities are grossly underrepresented in health research. Equal and just representation for persons with disabilities is necessary to improve health outcomes and to respect for individuals who live with impairment. This article parses the causes for exclusion, and sets forth a multidimensional approach for bringing people with disabilities into human subjects research.

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  Restatement of the Law, Copyright

  Christopher Jon Sprigman, Daniel Gervais, Lydia Pallas Loren, R. Anthony Reese, and Molly Van Houweling

  2020

  This Restatement encompasses general copyright law. Its goal is to provide guidance to the courts in areas, including ones that have clear common-law origins, in which there is significant scope for judicial discretion.

  The American Law Institute is the leading independent organization in the United States producing scholarly work to clarify, modernize, and otherwise improve the law. The Institute is made up of lawyers, judges, and law professors of the highest qualifications. It drafts, discusses, revises, and publishes Restatements of the Law, model statutes, and Principles of the Law that are enormously influential in the courts and legislatures, as well as in legal scholarship and education.