-
Animating Civil Procedure
Michael Vitiello
Often, members of the public become engaged (or enraged) when they read about Supreme Court decisions involving substantive rights, whether the case involves same sex marriage, the right of corporations to spend huge sums to support political candidates, or the right of citizens to own firearms. But members of the public, students, and even many lawyers are not likely to understand the impact of procedural decisions.
This book focuses on a series of Supreme Court decisions and changes to the Federal Rules of Civil Procedure that demonstrate the current Court’s erosion of rules allowing plaintiffs access to court. Many of those decisions unravel rules developed during the heyday of the Progressive Movement and the postwar era when courts favored expanding access to court.
This book animates procedure by focusing on the Court’s concerted effort to close the courthouse door. It covers a number of specific issues, including decisions and rules changes dealing with personal jurisdiction, pleading, discovery, summary judgment practice, and class actions. It explores the not-so-hidden bias in favor of defendants generally and corporate defendants specifically. It also briefly explores the impact that Justice Scalia’s death may have on the future direction of the Court’s war on procedure.
-
Peters v. Denver
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. -
Tort Law and Practice
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.
-
Mental Health Law in a Nutshell
John E.B. Myers
Mental health law is a unique body of statutory and case law intended to protect and assist citizens with mental illness. This Nutshell describes this important field of law.
Mental illness and intellectual disability (formerly called mental retardation) impact 20% of Americans and have enormous personal, legal, and policy implications for patients, families, and society. This Nutshell introduces you to the broad range of criminal and civil issues in mental health law, including diagnosis of mental illness; expert testimony on mental health issues; civil commitment; competence to stand trial; the insanity defense; various competencies; ethical/legal issues facing mental health professionals, including informed consent, confidentiality, privilege, and malpractice; discrimination against persons with mental illness; financial and medical benefits for disabled persons. -
California Legal Research
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.
-
Understanding Immigration Law
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.
-
Contract Simulations: Bridge to Practice
Michael P. Malloy
This book brings contract law to life through contemporary problems to help students build a skill set they can use in practice. In the real world of practice, abstract contract principles are applied to specific factual settings. Facts don't arrive pre-digested and regurgitated for baby birds or law associates. This book pickpockets life for real-world documents and contemporary situations to help students learn how contract law works in practice. Concise discussion of the law accompanying each problem provides a base for students and enough material for traditional Socratic method teaching. Imperfect but real contracts will give students the chance to see how client counseling, fact gathering and careful crafting of contract language can help clients avoid disputes. Stories from art, sports and internet games make the contract concepts vivid and memorable to facilitate student engagement and productive classroom discussion.
-
Understanding International Law
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
-
International Law for the Environment
Stephen C. McCaffrey, Edith Brown Weiss, Daniel B. Magraw, Stephanie Tai, and A. Dan Tarlock
-
California Criminal Law: Cases, Problems and Materials
John E.B. Myers
This is a comprehensive casebook on California criminal law, equipping students for Socratic dialogue in class, for internships in DA and PD offices, for the bar examination, and for practice. Although the emphasis is California, the book prepares students for bar exams in all states, as well as for the Multistate bar exam. Chapter 1 introduces the criminal justice system. Chapter 2 discusses actus reus. Chapter 3 unpacks mens rea. Chapter 4 deals with causation. Chapter 5 analyzes homicide. Chapter 6 focuses on rape and other sex offenses. Chapter 7 grapples with accomplice liability. Chapter 8 addresses the inchoate offenses of solicitation, conspiracy and attempt. Chapter 9 drills down into defenses. Chapter 10 considers property crimes, plus burglary and an assortment of other offenses. Finally, Chapter 11 is devoted to sentencing, with an introduction to theories of punishment.
-
Taylor v. Pinnacle Packaging Products, Inc.
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. -
Learning Library to Accompany Sprankling and Coletta's Property A Contemporary Approach, 3rd (Interactive Casebook Series)
John G. Sprankling and Raymond R. Coletta
This casebook is designed to introduce property law to 21st century law students. It covers the standard property topics with a blend of familiar and modern cases selected to appeal to today’s students. It also includes sections on intellectual property and environmental law. As with other books in the Interactive Casebook series, the accompanying electronic version allows students immediate access to the full text of cited cases, statutes, articles, and other materials in the Westlaw database. In addition, the electronic version includes over 200 photographs, maps, diagrams, original documents, and audio clips that help students understand the case materials, together with more than 300 multiple choice questions and answers so that students can assess their progress.
-
Criminal Law Simulations: Bridge to Practice
Michael Vitiello
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.
-
Cases and Materials on Water Law
Jennifer L. Harder, Gregory S. Weber, and Bennett L. Bearden
This new edition begins by covering the long-established systems of private water rights (the appropriation doctrine and the riparian doctrine for surface waters and the various doctrines for groundwaters). Then it covers public rights, water quality regulation, and other environmental regulation primarily from the perspective of how these affect private water rights. The book also addresses interstate allocation and federal-state relations. There is one new principal case and many new notes. The notes in all the chapters have been updated.
-
Point v. Dunstable
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.
-
Levine's Quick Review of Torts, 5th
Lawrence C. Levine
This book contains a complete analysis of the law of torts for law students, in an accessible format for quick study and review. It is designed for use in class and when preparing for exams. The main outline section contains explanations of concepts and terms, with exam hints, strategies, mnemonics, charts, tables, and study tips. Contains self-testing and diagnostic review questions. Case Squibs summarize significant cases and identify important facts, primary issues, and relevant law. Casebook Table keys Quick Review Outline to relevant pages of leading casebooks. Numerous essay and multiple-choice questions with model answers and detailed explanations.
-
Banking and Financial Institutions Law in a Nutshell
Michael P. Malloy and William A. Lovett
Contents:
- Evolution of banking and financial institutions law
- Money and banking
- Banking market regulation
- Thrift institutions
- Securities market regulation
- Insurance regulation
- Pension funds, retirement accounts and social security
- Controversies and prospects.
-
Global Issues in Immigration Law
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.
-
Global Issues in Securities 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.
-
Huntington v. Aster: Case File
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.
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.
Printing is not supported at the primary Gallery Thumbnail page. Please first navigate to a specific Image before printing.
