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Expert learning for law students
Michael Hunter Schwartz
Expert Learning for Law Students is designed to help law students build the analytical skills necessary to succeed in law school, on the bar exam, and in law practice. This book reveals how successful law students and lawyers plan, monitor, and implement their work, and it provides detailed guidance regarding individual student personality types and learning styles. The accompanying workbook includes questions and exercises to assist students in practicing the concepts explained in the text.
The second edition includes greater emphasis on students personalizing all strategy suggestions by adapting strategies to their individual learning styles, personality types, and, most importantly, their results and their evaluations of the causes of those results. It includes additional materials designed to help students deal with law school stress and offers insights for ameliorating that stress developed within the Humanizing Legal Education movement. Tips on time management and avoiding procrastination; a revised discussion on case reading reflecting recent research; a new section on using color as a memorization tool; and a revised discussion of how to apply rules to facts and how to apply and distinguish cases are also provided.
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Nietzsche and Law
Francis J. Mootz III and Peter Goodrich
Legal scholars have only recently begun to address the radical challenges for law and legal theory that follow from Friedrich Nietzsche's pathbreaking work. This collection brings together articles from leading thinkers who consider how Nietzsche's philosophical and rhetorical interventions illuminate the failures of contemporary legal theory.
Part One considers the connections between law, political philosophy and Nietzsche's genealogy. Part Two provides a number of competing interpretations of Nietzsche's relevance for legal hermeneutics. Part Three includes articles that chart a course for legal critique that remains true to Nietzsche's radical character.
The work of prominent philosophers, including P. Christopher Smith, is joined with the work of leading legal theorists, including Philippe Nonet, and leading rhetoricians, including Marianne Constable, to provide complex and sophisticated overview of the manner in which Nietzsche problematizes law and legal theory. -
Tax Discrimination and Trade in Services Between Canada and the United States: Deciphering the Landscape
Christine Manolakas and Catherine Brown
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Bridges Over Water: Understanding Transboundary Water Conflict, Negotiation And Cooperation
Ariel Dinar, Shlomi Dinar, Stephen C. McCaffrey, and Daene McKinney
Bridges over Water places the study of transboundary water conflicts, negotiation, and cooperation in the context of various disciplines (such as international relations, international law, international negotiations, and economics), analyzing them using various quantitative approaches, such as river basin modeling and game theory. Case studies of particular transboundary river basins, lakes and aquifers are also considered. This is the first textbook for a relatively recent yet rapidly expanding field of study.
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Factors relating to the equitable distribution of water in Israel and Palestine
David J.H. Phillips, Shaddad Attili, Stephen C. McCaffrey, and John S. Murray
Access to sufficient volumes of water of appropriate quality is a vital human need, as demonstrated by proposals of the World Health Organization (and others). Indeed, the United Nations Committee on Economic, Social and Cultural Rights has recently recognized the human right to water. Many authors have documented the inequitable distribution of water resources in Israel and Palestine, and this issue is included as an element of the Permanent Status negotiations between both Parties. Surprisingly, the Road Map produced by the Quartet does not specifically mention the need for attention to water resources except in the context of multilateral efforts (addressing regional sources of water, and the Jordan River basin in particular). However, it is clear that the current inequitable division of the water resources as a whole in the region must be addressed if Palestine is to become an independent viable State in the future, which is a pre-condition at the end of the second phase of the Road Map. In this and other facets of the negotiations between the Parties, Palestine should rely upon the principles of customary international law, if a robust and lasting agreement is to be attained. Israel's reliance to date on the single criterion relating to the prior use of water should be considered against the background of the multiple factors determining the equitable and reasonable allocation of international watercourses, as set out in customary international water law. The relevance of such international law to the permanent status negotiations is discussed, and the implications for resource allocations from shared freshwater sources are addressed. It is noted that both parties will benefit significantly from the joint management of shared watercourses in the future, and a framework for this is proposed. © Springer-Verlag Berlin Heidelberg 2007.
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GADAMER AND LAW
Francis J. Mootz III
Hans-Georg Gadamer’s philosophical hermeneutics is especially relevant for law, which is grounded in the interpretation of authoritative texts from the past to resolve present-day disputes. In this collection, leading scholars consider the importance of Gadamer’s philosophy for ongoing disputes in legal theory. The work of prominent philosophers, including Fred Dallmayr, P. Christopher Smith and David Hoy, is joined with the work of leading legal theorists, such as William Eskridge, Lawrence Solum and Dennis Patterson, to provide an overview of the connections between law and Gadamer’s hermeneutical philosophy. Part I considers the relevance of Gadamer’s philosophy to longstanding disputes in legal theory such as the debate over originalism, the rule of law and proper modes of statutory and constitutional exegesis. Part II demonstrates Gadamer’s significance for legal theory by comparing his approach to the work of Nietzsche, Habermas and Dworkin.
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Liability and Compensation Regimes Related to Environmental Damage
Stephen C. McCaffrey and Maria Cristina Zucca
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Child protection in America : past, present, and future
John E.B. Myers
Child Protection in America
Past, Present, and Future
John E. B. Myers
- -Integrates the history of child protection with current problems and ideas to improve the system and reduce child maltreatment
- -Argues that child protection in America is largely a success story, despite major flaws, and offers solutions for strengthening the courts and child welfare system
- -Challenges all those concerned with child welfare to rethink attitudes about the causes of and solutions to child abuse and neglect.
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Of paradoxes, precedents, and progeny: The trail smelter arbitration 65 years later
Stephen C. McCaffrey
Paradoxes • A fountainhead of transboundary pollution becomes the fountainhead of law prohibiting transboundary pollution. • An industrial activity that is synonymous with environmental threats becomes synonymous with environmental protection. • A small town in Canada becomes known throughout the world for an international arbitration that bears its name. • For the fact that there was an international arbitration at all we owe thanks to an antique English rule of civil procedure. And, • The country that “won” the arbitration has more recently been equivocal as to the legal status of the fundamental principle on which the award was based. On March 11, 1941, just over 65 years ago, the Trail Smelter Tribunal, composed of jurists from Canada, the United States and Belgium, delivered an award that ushered in a new era in a field that has become known as international environmental law. The Tribunal held, in essence, that Canada was required to see to it that the smelter at Trail, British Columbia, would “refrain from causing any damage through fumes [to agricultural interests] in the State of Washington;…” >I first began studying the Trail Smelter arbitration in the early 1970s, which is roughly equidistant in time from both the Tribunal's final award and the publication of this volume. I wondered why this controversy, essentially between a private smelter on one side of the U.S.-Canadian border and private landowners on the other, could not simply have been resolved through national courts.
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Rhetorical Knowledge in Legal Practice and Critical Legal Theory
Francis J. Mootz III
This book describes the significance of rhetorical knowledge for law through detailed discussions of some of the most difficult legal issues facing courts today, including affirmative action, gay rights, and assisted suicide. Francis J. Mootz III responds to both extremes, those who argue that law is merely a rhetorical mask for the exercise of power and those who demonstrate an ideological faith in law’s autonomy, and he breaks new ground by returning to modern classics in the fields of rhetoric and hermeneutics. Drawing from Chaim Perelman's "new rhetoric" and Hans-Georg Gadamer's "philosophical hermeneutics," Mootz argues that justice is a product of rhetorical knowledge. Drawing from Nietzsche, Mootz’s conception of rhetorical knowledge opens up the dynamic possibilities of critical legal theory.
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Bioterrorism Defense: Current Components and Continuing Challenges
Leslie Gielow Jacobs
Chapter 15 in Homeland Security: Law and Policy, William Nicholson (ed.), (Charles C. Thomas, 2005).
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Guidebook for Policy and Legislative Development on Conservation and Sustainable Use of Freshwater Resources
Stephen C. McCaffrey and Gregory S. Weber
This book is intended to help policy planners and those tasked with preparing legislation or regulations addressing the sustainable use of freshwater resources, whether nationally, regionally, or locally. ... This book first identifies issues of which the drafter should be aware in preparing water legislation, then provides examples of existing national legislation that addresses those issues
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Surviving Opportunities: Palestinian Negotiating Patterns in Peace Talks with Israel
Omar M. Dajani
Surviving Opportunities: Palestinian Negotiating Patterns in Peace Talks with Israel,in How Israelis and Palestinians Negotiate: A Cross-Cultural Study (Tamara Cofman Wittes ed., U.S. Inst. of Peace Press 2005).
Scholarship is a core priority for the Pacific McGeorge faculty. Among their scholarly pursuits, Pacific McGeorge faculty develop and present at scholarly symposia and conferences, author books for the legal profession, students, and the general public, and produce scholarship for top journals around the country and the world.
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