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  Federal Habeas Corpus: Executive Detention and Post-conviction Litigation

  Brandon Garrett and Lee B. Kovarsky

  This casebook is the first to cover federal habeas corpus comprehensively, presenting post-conviction review and executive detention litigation in an accessible way. It is designed both for standalone courses on habeas corpus, and for courses focusing on post-conviction litigation, wrongful convictions, and national security detention. The first two chapters introduce students to the habeas privilege and the Suspension Clause. A four-chapter unit on post-conviction litigation carefully explores cognizability, procedural doctrines, and merits adjudication. Two chapters develop the role habeas plays in review of immigration and other types of civil detention. A substantial two-chapter unit examines habeas review of military custody.

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  The Death of the Income Tax: A Progressive Consumption Tax and the Path to Fiscal Reform

  Daniel S. Goldberg

  The Death of the Income Tax explains how the current income tax is needlessly complex, contains perverse incentives against saving and investment, fails to use modern technology to ease compliance and collection burdens, and is subject to micromanaging and mismanaging by Congress. Daniel Goldberg proposes that the solution to the problems of the current income tax is completely replacing it with a progressive consumption tax collected electronically at the point of sale.

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  Law and Leadership: Integrating Leadership Studies into the Law School Curriculum

  Paula A. Monopoli and Susan McCarty

  Leadership includes the ability to persuade others to embrace one’s ideas and to act upon them. Teaching law students the art of persuasion through advocacy is at the heart of legal education. But historically law schools have not included leadership studies in the curriculum. This book is one of the first to examine whether and how to integrate the theory and practice of leadership studies into legal education and the legal profession. Interdisciplinary in its scope, with contributions from legal educators and practitioners, the book defines leadership in the context of the legal profession and explores its challenges in legal academia, private practice, and government. It also investigates whether law students need to study leadership and, if they should, why it should be offered as part of the curriculum. Finally, it considers how leadership should be taught and how it should be integrated into classes. It evaluates new leadership courses and the adaptation of existing courses to reflect on how to effectively blend law and leadership in doctrinal, clinical, and experiential classrooms. The book includes a foreword by Pulitzer Prize-winning historian and noted leadership scholar, James MacGregor Burns and a foundational essay by prominent leadership scholar and one of the founders of the International Leadership Association, Georgia Sorenson. It will be a valuable resource to anyone interested in leadership, education policy and legal ethics.

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  Constitutional Limitations on Land Use Controls, Environmental Regulations and Governmental Exactions, 2013 edition

  Garrett Power

  This electronic book is published in a searchable PDF format as a part of the E-scholarship Repository of the University of Maryland Francis King Carey School of Law. It is an “open content” casebook intended for classroom use in courses in Constitutional Law, Land Use Control, and Environmental Law and. It consists of 130 odd judicial opinions (most rendered by the U.S. Supreme Court) carefully selected from the two hundred years of American constitutional history which address the clash between public sovereignty and private property. The text considers both the personal right to liberty and the personal right in property.

  The readings provide an historical context, and an up-to-date focus on many of the constitutional issues facing today’s Supreme Court: imperium versus dominium; the public trust, inverse condemnation, the navigation servitude, “regulatory takings”; “judicial takings,” the “navigability” boundary on federal power; the “public use” limitation on eminent domain; the balance between property rights and First Amendment liberties; the “essential nexus” between government prohibition and purpose; the fine line between taxation and expropriation, and; commerce power limitations on Congress’s law-making. Special attention is directed at the Supreme Court’s 2012 decision concerning the constitutionality of the Affordable Care Act (“Obamacare”).

  The court cases in this work have been grouped into thirty seven "sessions." Most sessions consist of four or five cases, and the related statutes, if any. The materials are intended to be economically, politically and legally evocative and to provide an assignment appropriate for a class hour of discussion. The text consists of non-copyrighted material and readers are free to use or re-mix it in whole or part. The tightly-edited cases may be readily borrowed for use in other courses. No rights are reserved.

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  Community Economic Development Law: a Text for Engaged Learning

  Susan D. Bennett, Brenda Bratton Blom, Louise A. Howells, and Deborah Kenn

  Community development law has assumed pre-eminence among strategies to alleviate entrenched poverty and create sustainable economic and social change within low income communities. Despite the growing prominence of community development within graduate schools and the helping professions, there is no comprehensive textbook to date. This text provides that resource.

  Community Economic Development Law: A Text for Engaged Learning provides a flexible set of materials that faculty can customize to meet the goals of the stand-alone community development class, or the pedagogical needs of community development law clinics. The text enables students to approach the substantive material as would problem-solving, community-based practitioners. They do so by entering the community of Ourfuture City, whose Old World immigrants built a vanished industrial prosperity; and of its neighborhood, Milkweed Park, whose new immigrants and long-time residents confront the stresses of physical and financial isolation, racial segregation and economic disinvestment. Students assume the roles of advisors and advocates for the families, teachers, clergy, bankers, entrepreneurs, non-profits, public institutions, and activists of this prototypical struggling municipality.

  The book intersperses overviews of substantive areas that are commonly encountered in community development advocacy with exercises and problems presented by the clients from Milkweed Park. Those areas include entity formation, economic development finance, housing, land use and the emerging field of community justice. The exercises use the substantive law to highlight skills that community development lawyers need to address their clients’ problems and projects, as a basis for in-class discussion and/or preparation for client representation.

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  Limited Liability Entities: State by State Guide to LLCs, LLPs and LPs

  Bradley T. Borden and Robert J. Rhee

  To make your research more efficient Wolters Kluwer Law & Business is combining the former State Limited Liability Company and Partnership Laws and State Limited Partnership Laws title into one new resource entitled Limited Liability Entities: State by State Guide to LLCs, LLPs and LPs. Our new authors are Bradley Borden and Robert Rhee (see About the Authors).

  Volume 1, the first installment of Limited Liability Entities: State by State Guide to LLCs, LLPs and LPs, provides a comprehensive overview of limited liability entities. It begins with a detailed review of the history and evolution of limited liability entities. It then provides an in-depth examination of the general state-law principles that govern limited liability entities, using the uniform limited liability entity laws as a basis for the discussion.

  Volume 1 also provides comprehensive coverage of the tax treatment of limited liability entities. This coverage includes a discussion about the basic concepts of federal income taxation and tax matters that affect the type of tax entity that property and business owners generally prefer. Because most limited liability entities prefer to be tax partnerships, the discussion on taxation focuses on the specific and detailed rules of partnership taxation. Finally, it reproduces the uniform laws that govern limited liability entities, making it a complete resource for practitioners, scholars, judges, and lawmakers who wish to have such material available in a single volume.

  Upcoming Volumes 2 - 10 will provide in-depth coverage of the respective state laws that govern limited liability entity. For each state, the treatise provides commentary about the state law, including discussion of relevant case rulings. In these commentaries and when appropriate, comparisons are made to other state law and the uniform laws. These volumes reproduce the relevant state laws that govern limited liability entities.

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  International Business Transactions: a Problem-Oriented Coursebook. 11th edition

  Ralph H. Folsom, Michael Wallace Gordon, John A. Spanogle, Peter L. Fitzgerald, and Michael P. Van Alstine

  The 11th edition of this popular problem-oriented coursebook introduces law students to the conduct of business in the world community. Problems on international contracting, financing, trade regulation, licensing and technology transfers, foreign investment, and international business dispute resolution are presented. The book provides a current, in-depth examination of issues that clients are likely to face, such as defending against import competition; expanding exports and overseas markets; and dealing with NAFTA, the WTO, and other trade agreements. The coursebook is designed to survey a wide range of laws involving trade, licensing, and investment, and explore how issues and problems are addressed by lawyers serving as problem solvers.

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  International Business Transactions: Foreign Investment (Special Break-out edition)

  Ralph H. Folsom, Michael Wallace Gordon, John A. Spanogle Jr., Peter L. Fitzgerald, and Michael P. Van Alstine

  This special break-out edition is adapted from the authors' widely used International Business Transactions: A Problem-Oriented Coursebook, now in its 11th edition (2012). The purpose of this volume is to facilitate a focused study of issues arising out of planning, operating, and terminating foreign investments. After a brief introduction to the conduct of business in the world community, the book uses hypothetical problems to present some of the most typical and important issues arising out of the initiation of a foreign investment, as well as operational, financing, and termination issues. The primary focus is on lawyers as problem solvers .

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  International Business Transactions in a Nutshell, 9th edition

  Ralph H. Folsom, Michael Wallace Gordon, John A. Spanogle Jr., and Michael P. Van Alstine

  This guide examines the principal subjects involved in international business and commercial transactions. It includes chapters on the negotiation of business transactions; the international sale of goods; the role of documentary sales; the use of letters of credit; technology transfers; the initiation, operation, and termination of, as well as limitations imposed on, foreign investments; property takings, including remedies for and options for insuring against such actions; the European Union competition rules; and dispute settlement (both through litigation in state courts and through arbitration). It also addresses throughout the special challenges for business transactions in developing and nonmarket economies.

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  International Trade and Economic Relations in a Nutshell, 5th edition

  Ralph H. Folsom, Michael Wallace Gordon, John A. Spanogle Jr., and Michael P. Van Alstine

  This guide on international trade and investment examines the legal rules governing international trade. Initial chapters deal with the legal and practical environment for multinational enterprises (MNEs) engaged in international trade and investment. The work then analyzes the principal international institutions involved in international trade: the World Trade Organization (WTO) and International Monetary Fund (IMF); the essential rules governing the regulation of international trade, including in the General Agreement on Tariffs and Trade (GATT); the system for dispute resolution within the WTO under its Dispute Settlement Body (DSB); restrictions on, and other regulation of, imports, including tariff rates, customs classification and valuation, and rules of origin; trade remedy responses to import competition; U.S. export controls; regional free trade agreements and customs unions; the governance structure and essential principles of the European Union; and the North American Free Trade Agreement (NAFTA) and free trade in the Americas.

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  International Business Transactions: Contracting Across Borders (Special Break-out edition)

  Ralph H. Folsom, Michael Wallace Gordon, John H. Spanogle Jr., Peter L. Fitzgerald, and Michael P. Van Alstine

  This special break-out edition is adapted from the authors' widely used International Business Transactions: A Problem-Oriented Coursebook , 11th. The purpose of this volume is to facilitate a focused study of the contractual issues arising out of international sales transactions. After a brief introduction to the conduct of business in the world community, the book uses hypothetical problems to present some of the most typical and important contract law issues arising out of international sales transactions and letters of credit in conjunction with related readings and materials. The primary focus is on lawyers, public and private, as problem solvers.

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  International Business Transactions: Trade and Economic Relations (Special Break-out edition)

  Ralph H. Folsom, Michael Wallace Gordon, John H. Spanogle Jr., Peter L. Fitzgerald, and Michael P. Van Alstine

  This is a special break-out edition adapted from the authors' widely used International Business Transactions: A Problem-Oriented Coursebook , 11th. The purpose of this volume is to facilitate a focused study of the law of international trade and economic relations. After a brief introduction to the conduct of business in the world community, the book uses hypothetical problems to present some of the most typical and important issues regarding imports, exports, technology transfers, and dispute settlement in conjunction with related readings and materials. The primary focus is on lawyers, public and private, as problem solvers.

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  Young Thurgood: the Making of a Supreme Court Justice

  Larry S. Gibson

  Many regard Thurgood Marshall as the most important lawyer of the twentieth century. He changed the nation’s legal landscape by challenging the system of racial segregation that had relegated millions of Americans to second-class citizenship. He won twenty-nine of thirty-two arguments before the United States Supreme Court, was a federal appeals court judge, served as the Solicitor General of the United States, and, for twenty-four years, sat on the Supreme Court. In Young Thurgood, law professor Larry S. Gibson tells the story of Marshall’s early years, presenting fresh information about his youth and education and tracing his gradual rise to national prominence. Gibson describes Marshall’s key mentors before he went to law school, the special impact of his participation in competitive debating through high school and college, his struggles during the Great Depression to establish a law practice, and his first civil rights cases.

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  American Constitutionalism: volume II: Rights & Liberties

  Howard Gillman, Mark A. Graber, and Keith E. Whittington

  Constitutionalism in the United States is not determined solely by decisions made by the Supreme Court. Moving beyond traditional casebooks, renowned scholars Howard Gillman, Mark A. Graber, and Keith E. Whittington take a refreshingly innovative approach in American Constitutionalism. Organized according to the standard two-semester sequence--in which Volume I covers Structures of Government and Volume II covers Rights and Liberties--this text is unique in that it presents the material in a historical organization within each volume, as opposed to the typical issues-based organization.

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  American Constitutionalism: volume I: Structures of Government

  Howard Gillman, Mark A. Graber, and Keith E. Whittington

  Constitutionalism in the United States is not determined solely by decisions made by the Supreme Court. Moving beyond traditional casebooks, renowned scholars Howard Gillman, Mark A. Graber, and Keith E. Whittington take a refreshingly innovative approach in American Constitutionalism. Organized according to the standard two-semester sequence--in which Volume I covers institutions and Volume II covers Rights and Liberties-- this text is unique in that it presents the material in a historical organization within each volume, as opposed to the typical issues-based organization.
  
  

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  Developing Professional Skills: Business Associations

  Michelle M. Harner

  Incorporating skills training into a traditional Business Associations course is challenging. This creative and original book provides ten independent exercises designed to develop student skills in legal drafting, client interviewing and counseling, negotiation, and advocacy. Each exercise is based on fundamental legal rules and doctrines so that the book can be used on its own or as a supplemental text with any doctrinal casebook. Students are required to spend a manageable one to two hours on such tasks as outlining discussion points for major meetings and negotiations, drafting advisory letters to clients, crafting a demand letter to a board of directors on behalf of shareholders, negotiating indemnification provisions, drafting a certificate of incorporation based on the clients' stated objectives, and developing strategies to manage delicate corporate client communications. Each exercise contains a work product template that the student must complete for assessment purposes. A comprehensive Teacher's Manual provides guidance and suggestions for expanding the classroom discussion to include ethical issues, professional responsibility concepts, and the norms of modern legal practice.

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  Maryland State and County Administrative Law

  Diane O. Leasure and John F. Fader II

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  Environmental Law: Statutory and Case Supplement 2012-2013

  Robert V. Percival and Christopher H. Schroeder

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  Essential Concepts of Business for Lawyers

  Robert J. Rhee

  Accounting and finance cannot be taught through the dense text and format typical of legal casebooks. Mirroring textbooks used at business schools with significant quantities of visuals, Essential Concepts of Business for Lawyers uses many graphical elements, including pictures, charts, diagrams, and tables. Engaging hypotheticals are fun and engaging, but they also illustrate the application of important concepts in business situations. At the end of every chapter, there are three forms of review and summary: Essential Terms, Key Concepts, and Review Questions. The text uses many examples, specially set in example boxes, to illustrate and reinforce difficult concepts. Completely up to the minute, the book features material on important, recent events such as the financial crisis of 2008-2009, the collapse of investment banks, the Bernie Madoff fraud case, and Enron. While this book is not a casebook, it includes edited appellate cases at the end of every chapter. These cases provide essential contextualization, illustrating the legal application of the business concepts presented, and make more concrete the lawyer’s need to understand business. This makes Essential Concepts of Business for Lawyers unique among available books, as the cases connect the unfamiliar (business concepts) with the familiar (case law). Flexibility makes it stand out as well. It can be easily used as a primary text in an independent course on essential business concepts and is the only single book that adequately serves this function. Additionally, this book can be used as a required or recommended supplement in doctrinal business law courses such as business associations, securities regulations, corporate finance, taxation, banking law, financial regulation, and business planning. A Teacher’s Manual accompanies with PowerPoint slides.

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  Injustice on Appeal: the United States Courts of Appeals in Crisis

  William M. Richman and William L. Reynolds

  In Injustice on Appeal: The United States Courts of Appeals in Crisis, William M. Richman and William L. Reynolds chronicle the transformation of the United States Circuit Courts; consider the merits and dangers of continued truncating procedures; catalogue and respond to the array of specious arguments against increasing the size of the judiciary; and consider several ways of reorganizing the circuit courts so that they can dispense traditional high quality appellate justice even as their caseloads and the number of appellate judgeships increase. The work serves as an analytical capstone to the authors' thirty years of research on the issue and will constitute a powerful piece of advocacy for a more responsible and egalitarian approach to caseload glut facing the circuit courts

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  Patent Infringement Remedies, with 2012 Cumulative Supplement

  Lawrence M. Sung

  An accurate determination of patent infringement liability, whether during litigation or as part of pre-litigation risk management and business decision-making, depends not only on the probability of infringement, but also on the exposure to potential damages. Accordingly, a keen understanding of the applicable patent infringement remedies and their quantitative measure is critical to both patent owners and competitors alike to establish an informed calculus of prudent business options in the litigation settlement and litigation avoidance contexts.

  Patent Infringement Remedies is a groundbreaking resource on recovery for patent infringement that includes topical consideration of lost profit determinations; reasonable royalty damages determinations, including the Georgia-Pacific factors to be considered in calculating reasonable royalty; preliminary and permanent injunctions; willful infringement and exceptional case findings; the award of enhanced damages and attorneys' fees; the award of interest and costs; limitations on damages recovery, including the §286 bar and marking; and special remedial provisions.

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  Contemporary Approaches to Trusts and Estates

  Susan N. Gary, Jerome Borison, Naomi R. Cahn, and Paula A. Monopoli

  This book uses cases and statutory materials along with exercises and problems to integrate legal analysis and practice skills. The book can be used in a three- or four-credit course with or without the exercises, and sample syllabi are included in the Teacher’s Manual.

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  Maryland Evidence Courtroom Manual, 2011 edition

  Alan D. Hornstein, Glen Weissenberger, and Andrew D. Levy

  Maryland Evidence Courtroom Manual is the only publication of its kind in Maryland. Written by Alan D. Hornstein and Glen Weissenberger, two of the nation's most respected evidence scholars, and Andrew D. Levy, a partner at Brown, Goldstein & Levy, LLP, handling civil and criminal litigation, this manual incorporates complete coverage of the Maryland Rules of Evidence and Maryland evidence case law.

  Maryland Evidence Courtroom Manual is designed to provide fast, authoritative answers to the evidentiary questions that arise in the course of trials and hearings.

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  Housing and Community Development: Cases and Materials, 4th edition

  James A. Kushner, Charles E. Daye, Peter W. Salsich Jr., Henry W. McGee Jr., W. Dennis Keating, Barbara L. Bezdek, Otto J. Hetzel, Daniel R. Mandelker, and Robert M. Washburn

  The fourth edition of Housing and Community Development presents a fresh and comprehensive look at housing law and policy with full coverage of the foreclosure crisis and its aftermath, exploring housing policies and neighborhood revitalization policies to address the new urban reality. It also discusses the issue of sustainability and the relationship between community development, housing, and climate change. The book contains materials covering housing policy and litigation; tenants’ rights in the private and public spheres; urban redevelopment, including a comprehensive look at Kelo v. New London, including its setting and aftermath; and a completely revised section of the book on neighborhood revitalization and investment. The materials on fair housing and discrimination reflect many recent debates, including school desegregation, affirmative action, subprime and other variations of predatory lending, and other issues touching on race, class, disability, and familial bias.

  The materials are being published at the perfect time to debate the exciting current urban, suburban, and rural issues of housing, transportation, and community development.

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  Environmental Law: Statutory & Case Supplement with Internet Guide, 2011-2012

  Robert V. Percival and Christopher H. Schroeder

  The 2011-2012 Edition:

  • includes the new Supreme Court decision in American Electric Power v. Connecticut.
  • is organized by subject matter, rather than their location in the U.S. Code, this supplement introduces the statutes with detailed outlines that highlight their most important provisions.
  • includes legislative history timelines that trace the evolution of the statutes by explaining when they were enacted and when their most significant amendments were added.
  • explains how to access the rich resources available on the internet for obtaining additional information about various aspects of environmental law and policy.
  • also includes excerpts from judicial decisions in important environmental cases that have been decided during the past several years. This feature enables professors to supplement reading assignments from environmental law casebooks without requiring students to purchase a separate case supplement.