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Winning Safer Workplaces: A Manual for State and Local Policy Reform

Rena I. Steinzor

We set out to compile a list of rules and policies that could be implemented by state and local governments to provide better protections for U.S. workers. This manual includes more than two dozen such ideas, organized into thematic chapters:

Chapter 1: Empowering Workers, with proposals designed to strengthen workers' individual and collective power to demand changes in their workplaces;
Chapter 2: Making Sure Crime Doesn't Pay, with ideas for strong enforcement of workplace health and safety rules that will punish bad actors and deter similar behavior;
Chapter 3: Strengthening Institutions, with recommendations intended to bolster government agencies' efforts to protect workers.

The manual is drafted in clear and concise language and it presents each recommendation as a direct solution to an enduring problem in the workplace. The authors also helpfully provide examples when the recommendations are based on successfully implemented programs. Our hope is that this manual will be a starting point for discussion among our allies, especially groups that are new to the health-and-safety arena.
Constitutional Limitations on Sovereignty, 2014 edition

Garrett Power

This is an “open content” casebook intended for classroom use in courses in Constitutional Law, Land Use Control, and Environmental Law. 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.

Click on the title to access page with downloadable version.
Contemporary Trusts and Estates: An Experiential Approach, 2d ed.

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

Contemporary Trusts and Estates: An Experiential Approach uses cases and statutory materials, along with exercises and problems, to integrate legal analysis and practice skills. Consistent with the Carnegie Report‘s call for more practice skills, it includes exercises in document drafting, role-playing, and letter writing to clients.
The Drama of DNA: Narrative Genomics

Karen H. Rothenberg and Lynn Wein Bush

Through the use of dramatic narratives, The Drama of DNA brings to life the complexities raised by the application of genomic technologies to health care and diagnosis. This creative, pedagogical approach shines a unique light on the ethical, psychosocial, and policy challenges that emerge as comprehensive sequencing of the human genome transitions from research to clinical medicine. Narrative genomics aims to enhance understanding of how we evaluate, process, and share genomic information, and to cultivate a deeper appreciation for difficult decisions encountered by health care professionals, bioethicists, families, and society as this technology reaches the bedside.

This innovative book includes both original genomic plays and theatrical excerpts that illuminate the implications of genomic information and emerging technologies for physicians, scientists, counselors, patients, blood relatives, and society. In addition to the plays, the authors provide an analytical foundation to frame the many challenges that often arise.
Federal Income Tax: A Contemporary Approach, 2d ed.

Samuel Donaldson and Donald B. Tobin

Federal Income Taxation: A Contemporary Approach uses several modern platforms to introduce students to the federal income taxation of individuals. After a general overview, the book takes two more passes through the system, each in increasing detail. This helps students see the overall structure early in their studies and gives context to new concepts as they are introduced. Helpful self-assessment questions allow students to measure their own comprehension and save valuable class time for more advanced discussions. Almost 100 detailed problems for class discussion require students to apply Code and Regulation provisions to real-life fact patterns. The book also includes links to several instructional videos with practice questions providing students with another opportunity to reinforce their understanding of the material. Like other titles in the Interactive Casebook series, the accompanying electronic version gives students immediate access to the full text of cited cases, statutes, articles, and other materials in the Westlaw database. It also contains hundreds of links to relevant videos, photos, articles, audio clips, and other sources that help make the subject come alive for students. The electronic version also allows for immediate content updates, easing the burden on instructors to prepare supplemental material.
Internet Law: Cases and Problems 4.0

James Grimmelmann

In this casebook author James Grimmelmann provides tightly edited cases, focused questions, and topical problems to direct students' attention to critical issues. Mini-essays provide students with the technical background they need to make sense of computer and Internet technologies. Where doctrine has historical roots, the casebook gives students the necessary context.The book covers essential topics but is still short enough that it can be taught in a 3-credit course. The casebook responds to the "law of the horse" critique by embracing the doctrinal diversity of Internet Law. It prepares students for complex, real-life practice by showing how actual Internet cases raise interrelated problems from throughout law.
Final Report of the ABI Commission to Study the Reform of Chapter 11

Michelle M. Harner

A robust, effective, and efficient bankruptcy system rebuilds companies, preserves jobs, and facilitates economic growth with dynamic financial markets and lower costs of capital. For more than 35 years, the U.S. Bankruptcy Code has served these purposes, and its innovative debtor in possession chapter 11 process, which allows a company to manage and direct its reorganization efforts, is emulated around the globe. As with any law or regulation, however, periodic review of U.S. bankruptcy laws is necessary to ensure their continued efficacy and relevance.

Whether by design or chance, efforts to review and assess U.S. business reorganization laws are undertaken approximately every 40 years. Such efforts have led to federal legislation effecting meaningful revisions to business reorganization laws in 1898, 1938, and 1978. It may be that four decades is the maximum amount of time that any financially driven regulation can remain relevant. Markets and financial products, as well as industry itself, often evolve far more quickly than the regulations intended to govern them. It may be that significant economic crises tend to occur cyclically and encourage reevaluation of the federal bankruptcy laws. Regardless, the general consensus among restructuring professionals is that the time has come once again to evaluate U.S. business reorganization laws. Accordingly, the American Bankruptcy Institute (the “ABI”) established the Commission to Study the Reform of Chapter 11 (the “Commission”) for this precise purpose.
The Legal Profession: What is Wrong and How to Fix It

Sheldon Krantz

Sheldon Krantz begins The Legal Profession: What Is Wrong and How to Fix It by saying that the legal profession is in trouble, and should be. He then covers what is wrong by describing the current state of the legal profession, the emergence of BigLaw, the changing nature of law practice, and the access to justice crisis. This is followed up by addressing what needs to be done and setting forth a specific agenda to address its deficiencies:

• Make the legal profession more responsive to client and public service needs
• Resolve the access to justice crisis
• Involve law schools more directly in legal profession reform; and
• Create a new organization with a mandate to promote necessary changes in the legal profession on an ongoing basis

He points out both promising developments as well the forces resisting change and identifies ways to overcome resistance to change and to transform the legal profession into the noble calling it should be.

TMLL catalog entry
Principles of International Business Transactions, 3d ed.

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

The Third Edition of Principles of International Business Transactions can be used with any international business law course. It tracks of the authors' popular problem-oriented coursebook, International Business Transactions and their three spin-offs Contracting Across Borders, Trade and Economic Relations and Foreign Investment. Coverage moves sequentially from international sales and letters of credit to regulation of international trade to transfers of technology to foreign investment to international business dispute settlement. Full citations and analyses are provided.
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.
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.
A New Introduction to American Constitutionalism

Mark A. Graber

A New Introduction to American Constitutionalism is the first text to study the entirety of American constitutionalism, not just the traces that appear in Supreme Court decisions. Mark A. Graber both explores and offers original answers to such central questions as: What is a Constitution? What are fundamental constitutional purposes? How are constitutions interpreted? How is constitutional authority allocated? How do constitutions change? How is the Constitution of the United States influenced by international and comparative law? and, most important, How does the Constitution work? Relying on an historical/institutional perspective, the book illustrates how American constitutionalism is a distinct form of politics, rather than a means of separating politics from law. Constitutions work far more by constructing and constituting politics than by compelling people to do what they would otherwise do. People debate the proper meaning of the First Amendment, but these debates are influenced by the rule that all states are equally represented in the Senate and a political culture in which political dissenters do not fear for their lives. More than any other work on the market, A New Introduction to American Constitutionalism highlights and expands on what a generation of law professors, political scientists, and historians have said about the American constitutionalism regime. As such, this is the first truly interdisciplinary study of constitutional politics in the United States.
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.
Environmental Law Statutory and Case Supplement, 2013-2014

Robert V. Percival and Christopher H. Schroeder
Environmental Regulation: Law, Science, and Policy, 7th edition

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

Environmental Regulation: Law, Science, and Policy delivers unparalleled coverage of policy that focuses on the substance of environmental statutes, how they are translated into regulations, and the factors that affect real-world behavior. Self-contained chapters, written in a style accessible to the non-specialist, afford instructors flexibility in organizing courses. Effective teaching and study aids include charts and diagrams mapping the structure of each environmental statute, real-world-based problems and questions, “pathfinders” explaining where to find crucial source materials for every major topic, an extensive glossary, and a list of acronyms. The accompanying Website is kept current with annual statutory and case supplements.

The Seventh Edition is a massive revision, updating the most significant new developments in environmental law. New problem exercises show students how to apply the law to emerging environmental concerns. Important Supreme Court decisions such as American Electric Power, Sackett v. EPA, PPL Montana, Stop the Beach and Southern Union are explored as well as oil spill liability in the wake of the Deepwater Horizon spill, liability litigation, and the Gulf Coast Claims Facility. The Seventh Edition looks at state renewable energy initiatives, the dormant commerce clause, and the impact of burgeoning natural gas supplies on energy policy. Included is coverage on efforts to control the effects of hydraulic fracturing and why “fracking” is exempt from the Safe Drinking Water Act. The EPA’s regulation of greenhouse gas (GHG) emissions under the Clean Air Act as well as California’s statewide GHG cap-and-trade program are discussed. The Seventh Edition explores how climate change is affecting environmental law, especially global environmental law in the aftermath of the June 2012 Rio+20 earth summit.
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.
Understanding Conflict of Laws, 4th ed.

William M. Richman and William L. Reynolds

This Understanding treatise provides authoritative and comprehensive explanations of major theories and leading cases covered in Conflict of Laws courses.

The new Fourth edition of Understanding Conflict of Laws includes the following highlights:

•Comprehensive treatment of the U.S. Supreme Court's recent personal jurisdiction decisions in J. McIntyre Machinery Ltd. v. Nicastro and Goodyear Dunlop Tires Operations, S.A. v. Brown, and updated material on jurisdiction in cyberspace.

•Discussion of recent choice-of-law cases, choice-of-law codification efforts, and new developments relating to the Erie doctrine.

•Updated discussions of conflict-of-laws issues surrounding same-sex marriage and the Uniform Child Custody Jurisdiction and Enforcement Act.

•Substantially expanded coverage of international conflict-of-laws issues, including forum non conveniens, recognition and enforcement of foreign country judgments, the Hague Service Convention, the Convention on Choice of Court Agreements, the U.N. Convention on the Recognition and Enforcement of Foreign Arbitral Awards, the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, the Convention on the Civil Aspects of International Child Abduction, and the Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption.

•Other developments in conflict of laws since the third edition are reflected throughout the fourth edition.
La Tutela y Sus Alternativas: un manual sobre la ley de Maryland

Virginia Rowthorn and Ellen Callegary

This is a Spanish language edition of the 2011 edition of Guardianship and Its Alternatives: a Handbook on Maryland Law edited by Virginia Rowthorn and Ellen Callegary available at: http://digitalcommons.law.umaryland.edu/fac_pubs/1163
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.
Teacher's Manual to Federal Income Tax, a Contemporary Approach

Samuel A. Donaldson and Donald B. Tobin

Teacher's Manual to accompany Federal Income Tax, a Contemporary Approach.
Federal Income Tax: a Contemporary Approach

Samuel A. Donaldson and Donald B. Tobin

Federal Income Taxation: A Contemporary Approach uses several modern platforms to introduce students to the federal income taxation of individuals. After a general overview, the book takes two more passes through the system, each in increasing detail. This helps students see the overall structure early in their studies and gives context to new concepts as they are introduced. Helpful self-assessment questions allow students to measure their own comprehension and save valuable class time for more advanced discussions. Almost 100 detailed problems for class discussion require students to apply Code and Regulation provisions to real-life fact patterns. PLEASE NOTE: If you purchase a used, unsealed copy of this book, access to the electronic version of this book may require a separate purchase.
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.
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.
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.
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.