John G. Sprankling
Thomas Jay (J). Leach and Cary Bricker
Peters v. Denver is a civil action charging legal malpractice on the part of attorney D.C. Denver. Paul Peters was tried and convicted on charges of aggravated battery and attempted murder. Along with his co-defendant, Carl Chastis, Peters was co-represented by Denver the time of their arrest through verdict. Neither defendant testified in the criminal trial. Instead, the defense offered aggressive cross-examination of the State's witnesses (both forensic and fact) and presented two alibi witnesses to testify that during the time period of the crime both Chastis and Peters had been at a social club playing poker. Nevertheless, both men were convicted on all charges and Peters received a prison sentence of life with parole after 20 years.
In this suit Peters charges that Denver provided his defense under an impermissible conflict of interest between his duties to the two criminal defendants, depriving Peters of proper representation and leading to his conviction. Defendant asserts that his conduct of the defense was proper in all respects, and that any conflicts were fully, knowingly, and permissibly waived by plaintiff.
Through the testimony of the parties and expert witnesses and the presentation of exhibits focused on the interaction between Peters and Denver, students will have the opportunity to analyze the duties of attorneys to their clients and pitfalls presented by those duties. This well-balanced case could go either way, and its ethics issues are a subject for challenging questions to witnesses as well as well-reasoned closing arguments.
Lawrence C. Levine, Dominick Vetri, Joan Vogel, and Ibrahim J. Gassama
Tort Law and Practice provides a rich context for the study of Tort Law. Teachers and students consistently rate this book highly. This innovative casebook thoroughly develops the core torts principles, and has many unique features, such as:
- Emphasis on contemporary cases while retaining the classic cases;
- Use of problems (with model answers for teachers) to facilitate learning and application;
- Variety of negligence duty issues to select from for classroom focus;
- Balanced presentation of alternative points of view;
- Inclusion of substantive and damages issues reflecting the diversity of U.S. society;
- Summary of contents at the beginning of each chapter to help students keep the concepts in focus;
- Boxed outline summaries and flow charts to facilitate learning;
- Ethical issues in personal injury cases discussed in context; and practice materials included to help students understand the process.
The Fifth Edition of Tort Law and Practice represents the authors' continued efforts to humanize the subject matter of torts and to include issues reflecting the diversity of our society where relevant. Highlights of the new edition include:
- Chapter 3: Duty — Tarasoff doctrine: Estates of Morgan v. Fairfield Family Counseling Center
- Chapter 6: Damages — extensively reworked, and with a new section on Racial, Gender, Cohabitation & Class Fairness in Tort
- Chapter 8: Intentional Torts — New Cases: The Meaning of Intent (Doe v. Johnson) and Emotional Distress in Discrimination Cases (Graham v. Guilderland Central School District)
- Chapter 10: Products Liability — New Case on Deviation from Design Specs: Welge v. Planters Lifesavers Co.
- Chapter 12: Privacy — New Case on Intrusion: Stengart v. Loving Care Agency
The comprehensive Teacher's Manual provides insights to the analysis of the cases, suggested teaching techniques, and model answers to the many problems in the casebook.
Suzanne E. Rowe, Hether Macfarlane, and Aimee Dudovitz
The third edition of California Legal Research continues to fill a unique niche in the literature available for California state law research, explaining both the sources of California law and the process of conducting research using those sources.
After introductory chapters devoted to the basic research process and research techniques, California Legal Research explores judicial opinions, the state constitution, statutes and legislative history, and administrative law. The book then turns to updating research with Shepard’s and KeyCite, using secondary sources and practice guides, and planning a research strategy. A final chapter explains legal citation, with information on the California Style Manual, the ALWD Citation Manual, and the Bluebook.
The book should be valuable to a wide range of audiences—from first-year students to seasoned veterans. Outlines of the research process and excerpts from key state sources make the book easy to use. The text includes brief discussions of legal analysis throughout, recognizing the interplay between research and analysis.
California Legal Research supplements its detailed discussion of state research with brief discussions of federal research. Thus, it can be used as the sole text in a research course or in conjunction with texts focusing on topical or federal research.
Raquel Aldana, Kevin R. Johnson, Ong Hing, Leticia Saucedo, and Enid Turcios-Haynes
Understanding Immigration Law lays out the basics of U.S. immigration law. It offers background about the intellectual, historical, and constitutional foundations of U.S. immigration law. The book also identifies the factors that have historically fueled migration policies in the United States, including economic factors, national security, and xenophobia. In the middle chapters, the authors provide an explanation of the law concerning the admissions and removal procedures and criteria and the Naturalization requirements in the Immigration and Nationality Act. The book also covers timely topics on immigration policing, immigration federalism, and crimmigration. The book ends with a chapter speculating about the future of U.S. immigration law and the challenges and opportunities facing the nation.
Stephen C. McCaffrey
his clearly written Understanding treatise is designed to explain what international law is, why it exists, and the basic subjects it covers. The law of treaties is given particular attention, chiefly because of the increasing importance of the treaty in international life. The number of treaties has mushroomed since the Second World War and many of these agreements include over 100 states as parties. Because of their number and the breadth of their coverage, treaties are thus the main form of international legislation. But since they are also contractual in character, and since many multilateral treaties allow states to place conditions on their acceptance of them, the law governing treaties is necessarily more complex than if they were the exact equivalent of national legislation. Understanding International Law also provides introductory coverage of topics of current relevance, such as terrorism, international criminal law, use and applicability of international law in United States courts, and the law governing the use of military force.
The new second edition of Understanding International Law:
- Surveys the ways in which law is made and functions in the international community
- Covers the basic subjects of international law
- Comprehensively updates all chapters of the first edition
- Brings up to date the Supreme Court's treatment of international law through its decisions on the Vienna Convention on Consular Relations and the Alien Tort Statute
- Discusses developments in treaty interpretation, including recent decisions supporting an evolutionary interpretation of the terms of a treaty
- Updates material on the United States position on anticipatory self-defense
Andrew P. Rodovich and Thomas Jay (J). Leach
In the Third Edition of Taylor v. Pinnacle Packaging Products, Inc., the plaintiff, Jamie Taylor, was hired by the defendant, Pinnacle Packaging Products, Inc., to work in the company warehouse. During her employment, the plaintiff claims she was sexually harassed by the warehouse manager, John Hamilton. Taylor was fired by Hamilton during her probation period. The plaintiff alleges that she was fired because she resisted the advances of Hamilton. Taylor has sued Pinnacle under a Title VII claim for sexual harassment and wrongful discharge.
There are three witnesses for the plaintiff and four for the defendant.
A deposition version of Taylor v. Pinnacle Packaging Products, Inc. is also available in plaintiff, defendant, and faculty versions. The deposition and trial files are fully integrated, so that students may use the deposition materials to study deposition practice and then go on to study trial practice using the trial materials.
A CD with exhibits is included with the file.
Legal educators are increasingly interested in providing students with hands-on experience and with meaningful assessment of their performance. That is especially true in the current law-business context where employers expect newly hired attorneys to be able to practice law from day one. The Bridge to Practice Simulation Series is designed to help law students develop essential skills from the first day of their legal education. This volume in the Series introduces students to important Criminal Law topics. The simulations run the gamut from purposes of punishment, through actus reus, mens rea, causation, mistake of law and fact, homicide, felony murder, rape, self-defense, and accomplice liability, among other topics. The volume is accompanied by a Teachers Manual that explains how a professor can integrate the simulations seamlessly into a traditional Criminal Law class.
Franklin A. Gevurtz
Thomas Jay (J). Leach
Having a film short accepted at the prestigious Sundance Film Festival is a dream come true for many indie filmmakers-especially if early buzz suggests it could take the top prize. Such was the case for French filmmaker Josephine Point and What Red Balloon?, Point's incisive, twenty-minute social critique of globalization. But when her distributor colorized portions of the film without her express consent, Point was outraged and embarrassed, but hardly surprised, when her film was the flop of Sundance. Colorization had changed her film's theme to such a degree that it no longer made the strong social statement that the plaintiff intended, and her repeated invocation of droit moral-the European legal concept of artists' "moral right" to have their artistic works remain as they created them-fell on the deaf ears of counsel and the arbitration board assembled to settle the dispute.
Point v. Dunstable is a legal malpractice case involving artists, arbitrators, film experts, questions of professional liability, and the nexis-if any-of American and European intellectual property law. With exhibits and two witnesses (including experts) per side, Dunstable sharpens a student's trial skills and knowledge of ethics and professional conduct. Substantive knowledge of intellectual property law is neither tested nor required. It is suitable as a half-day bench trial or full-day full trial.
Please note that a crucial part of the fact pattern in Point v. Dunstable concerns the unauthorized colorization of the plaintiff's film. The movie stills are reproduced in black and white exhibits in the print version of this case file, but appear in accurate color on the CD-ROM. Please refer your students to the CD-ROM exhibits when teaching this case file.
Law professors may request the teaching notes for this publication by emailing ReviewCopy@lexisnexis.com.
Raquel Aldana, Won Kidane, Beth Lyon, and Karla M. McKanders
This title is designed to introduce comparative and international perspectives to the study of immigration law and policy. Topics include an introductory discussion of comparative versus international law and the relevance of both to U.S. Jurisprudence; a comprehensive overview of international migration multilateral and bilateral regimes; glimpses into the immigration law and practices of Mexico, Canada, the European Union, the United Kingdom, France, and Spain; and a final part that examines international norms on freedom of movement, the right to nationality, policing, living conditions, immigrant workers and anti-terrorism law.
Franklin A. Gevurtz, Marc I. Steinberg, and Eric C. Chaffee
This book marks the 24th entry in the Global Issues series of books designed to introduce international, transnational and comparative law issues into traditionally domestic law school courses. It begins with an overview of the globalization of securities markets and the policy issues this phenomenon raises for securities regulation. Following this, the book explores differences in national approaches to the substance of securities regulation, both with regard to mandatory disclosure obligations and with regard to insider trading, and looks at the enforcement of securities laws---first looking at comparative approaches to government enforcement, next at the topic of how enforcement agencies in different nations cooperate with each other, and finally a comparative look at different approaches to the highly controversial topic of private enforcement of securities laws. This leads to a look at the reach of United States securities laws to transactions taking place abroad. Finally, the book closes with an examination of emerging securities markets and what lessons nations with such markets can draw from the experience of nations with developed markets.
Warren A. Jones and Joseph E. Taylor
Rose Huntington, the plaintiff, is suing Mark Aster, the defendant, for professional negligence, breach of fiduciary duty, conversion, and set aside of irrevocable trust.
Lawrence C. Levine, John Diamond, and Anita Bernstein
This Understanding treatise is the perfect complement to first-year tort courses and is suitable for use with any tort casebook. Concise and authoritative, Understanding Torts features:
- Comprehensive and up-to-date coverage of intentional torts, privileges, negligence, cause-in-fact, proximate cause, defenses, joint and several liability, damages, strict liability, products liability, economic torts, malicious prosecution, abuse of process, defamation and invasion of privacy.
- Judicious use of footnotes to provide full, but not overwhelming, primary and secondary support for textual propositions.
- Clear organization and writing to enhance understanding of basic concepts and major cases covered in a torts course.
- In-depth analysis of topics that generate the greatest confusion and controversy.
Mary-Beth Moylan, Stephanie J. Thompson, Adrienne L. Brungess, Gretchen Franz, Hether Macfarlane, Jeffrey E. Proske, Edward Telfeyan, Maureen Watkins, Kathleen Friedrich, Jennifer A. Gibson, and Maureen Moran
Global Lawyering Skills is designed to teach fundamental lawyering skills by introducing students to a broader range of skills than a traditional research and writing textbook. While the book covers basic objective and persuasive legal writing skills, it also addresses other lawyering skills, such as oral argument, ARD, transactional drafting, and client interviewing and counseling. Additionally, students need an understanding of how cross-cultural and transnational considerations impact the practice of law.
Michael Vitiello and Michael R. Fontham
Applicable to all legal writing and speaking, and includes practical guidance for advocacy in federal courts, trial courts, and other situations. Students are given a clear and practical guide to legal writing and oral argument, from the selection of a main theme, to the employment of research, language, and speaking skills that achieve a clear, persuasive legal message. Step-by-step, they learn to organize, prepare, and present winning written and oral arguments. Detailed coverage of trial motion practice as well as appellate practice shows how important it is to consider the judge’s time and perspective when preparing an argument. Concrete examples based on a hypothetical case file are liberally spread throughout the text along with extensive advice for editing Sophisticated, realistic litigation problems in the accompanying Case Files help put principles in practice and allow instructors a great deal of flexibility. Each case file is accompanied by its own Teacher’s Manual. Technological developments are explored, including electronic filing, video conference oral arguments, and electronic research.
The revised Third Edition presents updated and expanded information on electronic filings as well as rule updates, especially local rule issues, and an updated, two-color design.
Linda Carter, Ellen Kreitzberg, and Scott Howe
Understanding Capital Punishment Law provides an overview of the complex issues surrounding capital punishment. The primary emphasis is an explanation of the constitutional law under the 8th Amendment Cruel and Unusual Punishment clause that governs death penalty proceedings in the United States. Death penalty cases are examined from start to finish, including such topics as voir dire of the jury, aggravating and mitigating circumstances, methods of execution, habeas corpus, clemency, racial and gender issues, the federal death penalty, and international issues and concerns.
Legal educators recognize the need for students to hit the ground running when they graduate. This book is designed to help students do just that. It consists of nine simulations, covering a wide array of issues arising under the 4th, 5th, and 6th Amendments, giving students the opportunity to learn essential lawyering skills. For example, it puts students in roles of counselor, trial and oral advocate, and legal writer, and requires students to present testimony before the trial court hearing the defendant's motion to suppress evidence. Written by an experienced educator and expert in criminal procedure, the teacher's manual describes how these exercises can be successfully integrated into a traditional "podium" course.
Linda Carter, Christopher L. Blakesley, and Peter J. Henning
This book provides an overview of constitutional issues that arise when searches, seizures, and interrogations occur outside the United States. Global Issues examines prosecutions in U.S. courts that involve evidence obtained abroad and the reach of the Fourth Amendment when the searches and seizures involve U.S. citizens abroad compared with non-U.S. citizens. Cases such as Verdugo-Urquidez and Alvarez-Machain are included, along with sections on electronic surveillance and the reach of the Fifth Amendment and Due Process Clause abroad, plus materials on torture and extraordinary renditions. There is also a short discussion of indefinite detention in places like Guantanamo Bay, Afghanistan, and in other sites.
Franklin A. Gevurtz
This book clarifies rather than simply recites corporations law, while paying attention to correcting common misconceptions held among students about the subject. This book is also appropriate for courts and commentators seeking the appropriate resolution of issues of corporations law. Citations in this book are kept to a minimum and written in a user-friendly style. The second edition incorporates the major developments in corporate law in the decade since the first edition was published.
Amy Landers, Michael S. Mireles, John Cross, and Peter K. Yu
This book is designed to facilitate the introduction of international, transnational, and comparative law issues into a domestic Intellectual Property course. The book is very accessible for law students and their professors. The book can be assigned or recommended as optional reading to supplement a domestic-only course to advance the students' understanding of their own system.
Claude D. Rohwer and Kristen David Adams
This book seeks to provide an international perspective and also sufficient domestic context to facilitate a comparative-law discussion. The book includes staples of international commercial law, such as the United Nations Convention on Contracts for the International Sale of Goods (CISG) and international insolvency, but also items of particular contemporary concern, including clawbacks, microfinance, and religious objections to the payment of interest in commercial contracts.
Leslie Gielow Jacobs and Alan Brownstein
Brownstein and Jacobs's Global Issues in Freedom of Speech and Religion: Cases and Materials is a companion volume to existing materials. Designed to assist professors in introducing issues of international and comparative law, this title is ideal for use in educational courses that address:
- The First Amendment
- Law and religion
- Individual rights
- Other topics dealing with free speech and religious liberty
In order to make companion materials understandable and accessible to students as well as to professors who have not taught the materials before, this title:
- Includes case excerpts, helpful background materials, and notes
- Is set out in a structure that mirrors U.S. constitutional jurisprudence
Rachael E. Salcido and Stephen C. McCaffrey
This book introduces the student to international and comparative dimensions of environmental law. Intended for use as a supplement in basic environmental law courses, Global Issues in Environmental Law covers constitutional protection of the environment; the precautionary principle; intergenerational equity; international and comparative approaches to the regulation of air, water, and toxic substance pollution; global climate change; wildlife and biodiversity preservation; the law of the sea; and management of oceans and coastal areas.
Laurence Boulle, Michael T. Colatrella Jr., and Anthony Picchioni
This is an essential and comprehensive addition to the professional library of all mediators. It provides a thorough course of study of the mediation process, from convening the mediation to formalizing the settlement agreement. The book adopts an interdisciplinary approach to mediation, integrating knowledge and expertise from law, psychology, and sociology. Practical examples and case studies are used to illustrate the skills and techniques necessary to become an effective mediator. Bolstered with scientific research, the content of the book goes far beyond the scope of most other mediation books with its extensive consideration of the dynamics of interpersonal conflict and negotiation techniques that set high-quality mediators apart from the crowd. Additional helpful practical advice about cultivating a successful mediation practice is provided, including a survey of careers in mediation, tips on marketing, and appendices with useful forms and worksheets. All mediators and students of mediation will find sound and applicable guidance in this book, regardless of their experience level, background, education, or field of practice. This book answers the call for the systematic preparation of forward thinking mediation professionals who seek to be on the vanguard of this rapidly expanding and evolving field. Coverage includes:
- Ch. 1: Introduction to Learning Mediation Skills and Techniques
- Ch. 2: Establishing the Foundation: Introductions, Intake, Screening & Preparation
- Ch. 3: Maintaining a Favorable Climate
- Ch. 4: Managing the Mediation Process
- Ch. 5: Assisting the Communication Process
- Ch. 6: Managing Conflict from Crisis to Opportunity
- Ch. 7: Facilitating the Negotiations
- Ch. 8: Encouraging Settlement
- Ch. 9: Variations in the Mediation Process
- Ch. 10: Special Issues in Mediation
- Ch. 11: Avoiding Mediator Traps
- Ch. 12: Becoming a Mediator, Careers in Mediation, and Establishing a Private Mediation Practice
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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