DigitalCommons@UM Carey Law

Maryland State and County Administrative Law

Diane O. Leasure and John F. Fader II

Essential Concepts of Business for Lawyers

Robert J. Rhee

This book covers essential concepts in accounting, financial statement analysis, financial economics, valuation, financial instruments, capital markets, and corporate transactions.

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.

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.

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.

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.

Constitutional Limitations on Land Use Controls, Environmental Regulations and Governmental Exactions (2011 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 School of Law. It is an “open content” casebook intended for classroom use in courses in Land Use Control, Environmental Law and Constitutional Law. It consists of cases carefully selected from the two hundred years of American constitutional history which address the clash between public sovereignty and private property. It considers both the personal right to liberty and the personal right in property. The text consists of non-copyrighted material and readers are free to use it or re-mix it in whole or part. No rights are reserved.

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, the “regulatory taking” issue; 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, and; the fine line between taxation and expropriation.

The court cases in this work have been grouped into unique individualized "sessions." Most sessions consist of four or five tightly-edited 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.

Guardianship and Its Alternatives: a Handbook on Maryland Law

Virginia Rowthorn and Ellen A. Callegary

Medical Device Patents, 2011 edition

Lawrence M. Sung

This product addresses the unique aspects of U.S. medical device patents, specifically durable medical equipment, and examines their grant and enforcement. Coverage includes information on prosecution, transfer, and litigation, including settlement. Patents for specific types of devices are addressed. The comprehensive treatment of patents in the medical specialties of orthopedics, cardiovascular disease, dentistry, ophthalmology, radiology, and surgery, among others, is a useful resource for readers, whether they seek competitive business insight or are curious about the history of medical technology development

Patent Law Handbook, 2011-2012 edition

Lawrence M. Sung and Jeff E. Schwartz

Helps attorneys discern what the courts may find, while providing immediate access to current law. Also alerts attorneys to new developments in the law and how they may impact an individual practice. Easy access to information on validity; inequitable conduct; defenses and counterclaims; infringement; willful infringement; remedies; appeal; pretrial and trial issues; Patent Office proceedings; licensing; patent proceedings in other forms, including ITC proceedings and claims court. Also analyzes Federal Circuit’s approach to statutory subject matter as it relates to computer software, its decision clarifying the role of judges and juries in interpreting claims, and its holdings in other opinions.

United Nations Reform and the New Collective

Peter G. Danchin and Horst Fischer

In 2004, the Report of the Secretary-General's High-Level Panel on Threats, Challenges and Change emphasised the linkages between economic development, security and human rights, and the imperative in the twenty-first century of collective action and cooperation between States. In a world deeply divided by differences of power, wealth, culture and ideology, central questions today in international law and organisation are whether reaffirmation of the concept of collective security and a workable consensus on the means of its realisation are possible. In addressing these questions, this book considers the three key documents in the recent UN reform process: the High-Level Panel report, the Secretary-General's In Larger Freedom report and the 2005 World Summit Outcome document. The chapters examine the responsibilities, commitments, strategies and institutions necessary for collective security to function both in practice and as a normative ideal in international law and relations between state and non-state actors alike.

Family Law: Cases, Text, Problems, 5th edition

Ira Mark Ellman, Paul M. Kurtz, Lois A. Weithorn, Brian Bix, Karen Czapanskiy, and Maxine Eichner

Family law is an interdisciplinary area, and the materials in this work reflect the numerous disciplines influencing this field of law. This book is policy-oriented, with non-legal social science featured in the extensive note materials to provide a rich and varied learning experience and a practice resource tool. Notes do more than call attention to difficult questions of legal doctrine and policy; they illuminate them.

The authors use a problem approach throughout, in addition to comprehensive case law sources. Problems provide an ideal mechanism for students to acquire the ability to apply legal rules to concrete fact patterns.

Suing the Tobacco and Lead Pigment Industries: Government Litigation as Public Health Prescription

Donald G. Gifford

In Suing the Tobacco and Lead Pigment Industries, legal scholar Donald G. Gifford recounts the transformation of tort litigation in response to the challenge posed by victims of 21st-century public health crises who seek compensation from the product manufacturers. Class action litigation promised a strategy for documenting collective harm, but an increasingly conservative judicial and political climate limited this strategy. Then, in 1995, Mississippi attorney general Mike Moore initiated a parens patriae action on behalf of the state against cigarette manufacturers. Forty-five other states soon filed public product liability actions, seeking both compensation for the funds spent on public health crises and the regulation of harmful products.

Gifford finds that courts, through their refusal to expand traditional tort claims, have resisted litigation as a solution to product-caused public health problems. Even if the government were to prevail, the remedy in such litigation is unlikely to be effective. Gifford warns, furthermore, that by shifting the powers to regulate products and to remediate public health problems from the legislature to the state attorney general, parens patriae litigation raises concerns about the appropriate allocation of powers among the branches of government.

Constitutional Limitations on Land Use Controls, Environmental Regulations and Governmental Exactions (2010 ed.)

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 School of Law. It is an “open content” casebook intended for classroom use in courses in Land Use Control, Environmental Law and Constitutional Law. It consists of cases carefully selected from the two hundred years of American constitutional history which address the clash between public sovereignty and private property. It considers both the personal right to liberty and the personal right in property. The text consists of non-copyrighted material and readers are free to use it or re-mix it in whole or part. No rights are reserved.

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, the “regulatory taking” issue; 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, and; the fine line between taxation and expropriation.

The 149 cases have been grouped into 35 "sessions." Most sessions consist of four or five tightly-edited 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 compilation is 956 pages in length.

Cases and Materials on the Law of Torts, 5th edition

Harry Shulman, Fleming Jones, Oscar S. Gray, and Donald G. Gifford

This casebook is designed for the professor who takes seriously the often-articulated goals of teaching case analysis and the impact of social and economic factors on the common law. Enough of the majority opinions, and often the dissenting opinions, is presented to illustrate how the cases fit together with precedents and to enable students to evaluate competing arguments. The latest edition, though streamlined from previous editions, adds both coverage of emerging areas of liability, including claims under the alien tort statute, and traditional torts applied in new factual contexts, such as cyberspace and biomedical engineering.

The People's Agents and the Battle to Protect the American Public

Rena I. Steinzor and Sidney A. Shapiro

Reasonable people disagree about the reach of the federal government, but there is near-universal consensus that it should protect us from such dangers as bacteria-infested food, harmful drugs, toxic pollution, crumbling bridges, and unsafe toys. And yet, the agencies that shoulder these responsibilities are in shambles; if they continue to decline, lives will be lost and natural resources will be squandered. In this timely book, Rena Steinzor and Sidney Shapiro take a hard look at the tangled web of problems that have led to this dire state of affairs.

It turns out that the agencies are not primarily to blame and that regulatory failure actually stems from a host of overlooked causes. Steinzor and Shapiro discover that unrelenting funding cuts, a breakdown of the legislative process, an increase in the number of political appointees, a concurrent loss of experienced personnel, chaotic White House oversight, and ceaseless political attacks on the bureaucracy all have contributed to the broken system. But while the news is troubling, the authors also propose a host of reforms, including a new model for measuring the success of the agencies and a revitalization of the civil service. The People’s Agents and the Battle to Protect the American Public is an urgent and compelling appeal to renew America’s best traditions of public service.

Harper, James and Gray on Torts, 3rd edition

Fowler V. Harper, Fleming James, and Oscar S. Gray

This preeminent work on torts is the most complete, authoritative resource analyzing the latest developments in this turbulent field of practice. Harper, James and Gray on Torts, Third Edition, newly revised and updated in a six-volume set, gives you detailed, up-to-date information and expert guidance on such rapidly changing areas as:

• Health care liability
• Standards for damages
• Product liability
• Defamation
• Assumption of risk
• Business torts
• Liability for emotional distress
• Pure economic loss
• Privacy
• Family torts
• Comparative and contributory negligence
• Governmental liability
• Duties of owners and occupiers of land
• Misrepresentation and nondisclosure
• Malicious prosecution and abuse of process
• Liability for abnormally dangerous activities
• Wrongful death

Environmental Regulation: Law, Science, and Policy, 6th edition

Robert V. Percival, Christopher H. Schroeder, Alan S. Miller, and James P. Leape

As the Obama administration and the courts change the course of federal environmental law and policy, this best-selling casebook has been updated comprehensively to include the latest legal and policy developments. Each chapter includes new material exploring contemporary developments including the challenges climate change is posing to nearly every aspect of environmental law.

The revised Sixth Edition includes:

• Ten New Case Excerpts, including new decisions by the U.S. Supreme Court on CERCLA, the Clean Air Act, NEPA, environmental standing and the Clean Water Act
• Four New Problem Exercises, including exercises on cap-and-trade versus a carbon tax, the application of NEPA to climate change, who should be prosecuted for criminal violations, and negotiation of a post-Kyoto regime to control greenhouse gas (GHG) emissions
• "Midnight Regulations" by the Bush administration and the Obama administration's response
• New emphasis on Environmental Standing, including the Supreme Court's Massachusetts v. EPA and Summers v. Earth Island Institute decisions
• The new approach to CERCLA "arranger" liability and apportionment embodied in the Supreme Court's Burlington Northern decision
• EPA's new definition of "solid waste" and judicial decisions altering the agency's new source review program and programs for controlling interstate air pollution and hazardous air pollutants
• EPA's Clean Air Act "Endangerment" Finding for Emissions of GHGs, reversal of the California waiver denial, and California's controls on GHG emissions from mobile sources
• The relationship between the Clean Water Act's §404 and §402 permit programs , including the Supreme Court's June 22, 2009 Coeur Alaska decision
• Climate Change and NEPA, including the 9th Circuit's Center for Biological Diversity v. NHTSA decision on the environmental impact of national fuel economy standards
• Remedies for Claims of NEPA Violations, including the Supreme Court's Winter v. NRDC decision
• Climate change and the Endangered Species Act, including the impact of the polar bear listing on agency consultation under §7 and §9's prohibition of "takes"
• The latest scientific evidence concerning global warming and climate change, as well as material on the development of carbon trading markets, adaptation strategies, and carbon disclosure

Public Choice Concepts and Applications in Law

Maxwell L. Stearns and Todd Zywicki

This is the only course book specifically designed to instruct law students in the discipline of public choice. The book provides a comprehensive, but nontechnical, overview of interest group theory, social choice theory, and game theory (along with elementary price theory), and ties these concepts to a wide range of topics in both public and private law. The book contains chapters devoted to each set of methodological tools and to specific institutional settings: legislatures, courts, executive branch (and bureaus), and constitutions.

Medical Device Patents

Lawrence M. Sung

This product addresses the unique aspects of U.S. medical device patents, specifically durable medical equipment, and examines their grant and enforcement. Coverage includes information on prosecution, transfer, and litigation, including settlement. Patents for specific types of devices are addressed. The comprehensive treatment of patents in the medical specialties of orthopedics, cardiovascular disease, dentistry, ophthalmology, radiology, and surgery, among others, is a useful resource for readers, whether they seek competitive business insight or are curious about the history of medical technology development.

Patent Law Handbook

Lawrence M. Sung and Jeff E. Schwartz

Helps attorneys discern what the courts may find, while providing immediate access to current law. Also alerts attorneys to new developments in the law and how they may impact an individual practice. Easy access to information on validity; inequitable conduct; defenses and counterclaims; infringement; willful infringement; remedies; appeal; pretrial and trial issues; Patent Office proceedings; licensing; patent proceedings in other forms, including ITC proceedings and claims court. Also analyzes Federal Circuit’s approach to statutory subject matter as it relates to computer software, its decision clarifying the role of judges and juries in interpreting claims, and its holdings in other opinions.

Documentary Supplement to International Labor Law: Cases and Materials on Workers' Rights in the Global Economy

James Atleson, Lance Compa, Kelley Rittich, Calvin Sharpe, and Marley S. Weiss

This documentary supplement to International Labor Law contains excerpts of instruments dealing with international labor rights, including multilateral, regional, and U.S. labor rights instruments, as well as corporate codes of conduct and private sector framework agreements. Comprehensive in scope, International Labor Law examines labor rights and labor standards in multilateral and regional institutions like the WTO, ILO, OECD, and European Union; regional and bilateral trade agreements like NAFTA and more recent bilateral agreements with developing countries; the new labor-trade "template" in U.S. trade policy; and private initiatives like anti-sweatshop campaigns and corporate codes of conduct.

International Labor Law: Cases and Materials on Workers' Rights in the Global Economy

James Atleson, Lance Compa, Kerry Rittich, Calvin Sharpe, and Marley S. Weiss

Comprehensive in scope, International Labor Law examines labor rights and labor standards in multilateral and regional institutions like the WTO, ILO, OECD and the European Union; regional and bilateral trade agreements like NAFTA and more recent bilateral agreements with developing countries; the new labor-trade "template" in U.S. trade policy; and private initiatives like anti-sweatshop campaigns and corporate codes of conduct. Thematic chapters deal with labor rights lawsuits in U.S. courts; cross-border labor organizing and bargaining ; migrant workers; women workers in the global economy, and child labor.

When is Discrimination Wrong?

Deborah Hellman

A law requires black bus passengers to sit in the back of the bus. The U.S. Food and Drug Administration approves a drug for use by black heart failure patients. A state refuses to license drivers under age 16. A company avoids hiring women between the ages of 20 and 40. We routinely draw distinctions among people on the basis of characteristics that they possess or lack. While some distinctions are benign, many are morally troubling.

In this boldly conceived book, Deborah Hellman develops a much-needed general theory of discrimination. She demonstrates that many familiar ideas about when discrimination is wrong—when it is motivated by prejudice, grounded in stereotypes, or simply departs from merit-based decision-making—won’t adequately explain our widely shared intuitions.

Hellman argues that, in the end, distinguishing among people on the basis of traits is wrong when it demeans any of the people affected. She deftly explores the question of how we determine what is in fact demeaning.

Claims of wrongful discrimination are among the most common moral claims asserted in public and private life. Yet the roots of these claims are often left unanalyzed. When Is Discrimination Wrong? explores what it means to treat people as equals and thus takes up a central problem of democracy.

Civil Disobedience and the German Courts: the Pershing Missile Protests in Comparative Perspective

Peter E. Quint

In the 1980s the West German Peace Movement -- fearing that the stationing of NATO nuclear missiles in Germany threatened an imminent nuclear war in Europe -- engaged in massive protests, including sustained civil disobedience in the form of sit-down demonstrations. Civil Disobedience and the German Courts traces the historical and philosophical background of this movement and follows a group of demonstrators through their trials in the German criminal courts up to the German Constitutional Court -- in which their fate was determined in two important constitutional cases. In this context, the volume also analyzes the German Constitutional Court, as a crucial institution of government, in comparative perspective. The book is the first full-length English language treatment of these events and these constitutional decisions, and it also places the decisions at an important turning-point in German constitutional history.