Books & Contributions to Books

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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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.