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.)
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.
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.
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.
Donald B. Tobin, Richard Lavoie, and Richard E. Trogolo
The ethical issues and problems facing tax lawyers and tax professionals have become increasingly complex, and the general rules of professional responsibility do not always provide clear answers to the problems tax professionals face. This book examines the Model Rules of Professional Responsibility, statutory and regulatory rules governing tax practice and uses problems to explore the application of these rules in the tax context. As financial scandals continue and tax transactions become increasingly complex, people studying in this area of law need a text designed to deal with specific problems that arise often in the tax field.
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
- Assumption of risk
- Business torts
- Liability for emotional distress
- Pure economic loss
- 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
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
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.
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.
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.
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.
Leigh S. Goodmark
The purpose of this checklist is to assist dependency court judges in identifying factors that should be considered when making reasonable efforts determinations in cases involving domestic violence.
Leigh S. Goodmark and Ann Rosewater
This book is designed for communities seeking to develop interventions that will improve their responses to families suffering both domestic violence and child maltreatment.
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.
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.
Jana B. Singer and Jane Murphy
Over the past two decades, virtually all areas of family law have undergone major doctrinal and theoretical changes - from the definition of marriage, to the financial and parenting consequences of divorce, to the legal construction of parenthood. An equally important set of changes has transformed the resolution of family disputes. This 'paradigm shift' in family conflict resolution has reshaped the practice of family law and has fundamentally altered the way in which disputing families interact with the legal system. Moreover, the changes have important implications for the way that family law is understood and taught. This volume examines the contours of this paradigm shift in family conflict resolution and explores its implications for family law scholarship and practice. The interdisciplinary compilation includes contributions from lawyers, legal academics, social scientists and mental health professionals. As the articles in the volume demonstrate, the transformation in family conflict resolution holds considerable promise for disputing families, but it also raises a number of challenges. These challenges include concerns about the institutional competence of courts, the surrender of fact-finding and decision-making to individuals without legal training, the loss of autonomy and privacy for family members subject to continuing court oversight and the disjunction between problem-solving justice and authoritative legal norms. By exploring both the promise of the new paradigm and its potential pitfalls, this volume engages family law scholars and offers insights to judges, practitioners and policy makers responsible for serving families in conflict.
Jack Balkin, James Grimmelmann, Eddan Katz, Nimrod Kozlovski, Shlomit Wagman, and Tal Zarsky
The Internet has dramatically altered the landscape of crime and national security, creating new threats, such as identity theft, computer viruses, and cyberattacks. Moreover, because cybercrimes are often not limited to a single site or nation, crime scenes themselves have changed. Consequently, law enforcement must confront these new dangers and embrace novel methods of prevention, as well as produce new tools for digital surveillance—which can jeopardize privacy and civil liberties.
Cybercrime brings together leading experts in law, criminal justice, and security studies to describe crime prevention and security protection in the electronic age. Ranging from new government requirements that facilitate spying to new methods of digital proof, the book is essential to understand how criminal law—and even crime itself—have been transformed in our networked world.
Thomas C. Galligan, Phoebe A. Haddon, Frank L. Maraist, Frank M. McClellan, Michael Rustad, Nicolas P. Terry, and Stephanie M. Wildman
The Fourth Edition of this unique casebook has been dramatically revised. This new edition presents the important cases, statutes, empirical data, and competing tort theories in a problems-oriented format that is designed to help students acquire a sophisticated understanding of tort law through active learning. As before, the text includes a large number of problems Now, however, the Problems, updated and considerably expanded, are organized in Sets at the end of each substantive chapter. This extensively re-written and reorganized edition includes the classic common law torts cases, but is updated throughout with teachable, cutting-edge decisions that will demand student interest and hold their attention. Particular care has been to take account of the most recent commentaries on tort law, such as the growing importance of the Restatement (Third) of Torts.
Donald G. Gifford
This edition of the classic negotiation text includes an extensive teacher's manual packed with simulation problems and other classroom exercises. It is specifically designed to teach students how to negotiate in the actual practice of law but derived from the ongoing research of social science, law, and business school scholars. Sample dialogue illustrates specific negotiation tactics. It includes discussion of both the influence of race, gender, and nationality on the bargaining process and alternative dispute resolution processes.
Steps Toward Safety: Improving Systemic and Community Responses for Families Experiencing Domestic Violence
Leigh S. Goodmark and Ann Rosewater
This report is designed to mine the lessons learned from the research and reforms in child welfare and domestic violence, as well as explore possibilities for the next generation of innovation.
Sherrilyn A. Ifill
Nearly 5,000 black Americans were lynched between 1890 and 1960. Over forty years later, Sherrilyn Ifill's On the Courthouse Lawn examines the numerous ways that this racial trauma still resounds across the United States. While the lynchings and their immediate aftermath were devastating, the little-known contemporary consequences, such as the marginalization of political and economic development for black Americans, are equally pernicious.
On the Courthouse Lawn investigates how the lynchings implicated average white citizens, some of whom actively participated in the violence while many others witnessed the lynchings but did nothing to stop them. Ifill observes that this history of complicity has become embedded in the social and cultural fabric of local communities, who either supported, condoned, or ignored the violence. She traces the lingering effects of two lynchings in Maryland to illustrate how ubiquitous this history is and issues a clarion call for American communities with histories of racial violence to be proactive in facing this legacy today.
Inspired by South Africa's Truth and Reconciliation Commission, as well as by techniques of restorative justice, Ifill provides concrete ideas to help communities heal, including placing gravestones on the unmarked burial sites of lynching victims, issuing public apologies, establishing mandatory school programs on the local history of lynching, financially compensating those whose family homes or businesses were destroyed in the aftermath of lynching, and creating commemorative public spaces. Because the contemporary effects of racial violence are experienced most intensely in local communities, Ifill argues that reconciliation and reparation efforts must also be locally based in order to bring both black and white Americans together in an efficacious dialogue.
A landmark book, On the Courthouse Lawn is a much-needed and urgent road map for communities finally confronting lynching's long shadow by embracing pragmatic reconciliation and reparation efforts.
In the Media:
Rena I. Steinzor
In this compelling study, Rena Steinzor highlights the ways in which the government, over the past twenty years, has failed to protect children from harm caused by toxic chemicals. She believes these failures—under-funding, excessive and misguided use of cost/benefit analysis, distortion of science, and devolution of regulatory authority—have produced a situation in which harm that could be reduced or eliminated instead persists.
Steinzor states that, as a society, we are neglecting our children's health to an extent that we would find unthinkable as individual parents, primarily due to the erosion of the government's role in protecting public health and the environment. At this pace, she asserts, our children will inherit a planet under grave threat. We can arrest these developments if a critical mass of Americans become convinced that these problems are urgent and the solutions are near at hand.
By focusing on three specific case studies—mercury contamination through the human food chain, perchlorate (rocket fuel) in drinking water, and the effects of ozone (smog) on children playing outdoors—Steinzor creates an analysis grounded in law, economics, and science to prove her assertions about the existing dysfunctional system.
Steinzor then recommends a concise and realistic series of reforms that could reverse these detrimental trends and serve as a blueprint for restoring effective governmental intervention. She argues that these recommendations offer enough material to guide government officials and advocacy groups toward prompt implementation, for the sake of America's—and the world's—future generations.
William D. Araiza, Phoebe A. Haddon, and Dorothy E. Roberts
One of this book's distinguishing features is its series of Dialogues in which the authors debate issues relevant to the cases. In the Dialogues the authors engage both each other and the cases, and in doing so reveal their own and the Justices' methodological, ideological, and policy assumptions. Students benefit from having this information as they form their own opinions about the doctrine. The Dialogues also provide a starting point for more insightful class discussions, by presenting the material in the context of the authors' viewpoints.
Mark A. Graber
Dred Scott and the Problem of Constitutional Evil concerns what is entailed by pledging allegiance to a constitutional text and tradition saturated with concessions to evil. The Constitution of the United States was originally understood as an effort to mediate controversies between persons who disputed fundamental values, and did not offer a vision of the good society. In order to form a "more perfect union" with slaveholders, late-eighteenth-century citizens fashioned a constitution that plainly compelled some injustices and was silent or ambiguous on other questions of fundamental right. This constitutional relationship could survive only as long as a bisectional consensus was required to resolve all constitutional questions not settled in 1787. Dred Scott challenges persons committed to human freedom to determine whether antislavery northerners should have provided more accommodations for slavery than were constitutionally strictly necessary or risked the enormous destruction of life and property that preceded Lincoln's new birth of freedom.