Americans face increasingly stark choices each presidential election and a growing sense that our government can't solve the nation's most urgent challenges. Our eighteenth-century system is ill suited to our twenty-first-century world. Information-age technology has undermined our capacity to face common problems together and turned our democracy upside down, with gerrymanders letting representatives choose voters rather than voters choosing them. In Parliamentary America, Maxwell L. Stearns argues that the solution to these complex problems is a parliamentary democracy.
Stearns considers such leading alternatives as ranked choice voting, the national popular vote, and congressional term limits, showing why these can't solve our constitutional crisis. Instead, three amendments—expanding the House of Representatives, having House party coalitions choose the president, and letting the House end a failing presidency based on no confidence—will produce a robust multiparty democracy. These amendments hold an essential advantage over other proposals: by leaving every member of the House and Senate as incumbents in their districts or states, the amendments provide a pressure-release valve against reforms threatening that status.
Stearns takes readers on a world tour—England, France, Germany, Israel, Taiwan, Brazil, and Venezuela—showing what works in government, what doesn't, and how to make the best features our own. Genuine party competition and governing coalitions, commonplace across the globe, may seem like a fantasy in the United States. But we can make them a reality. This rare book offers an optimistic vision, explaining in accessible terms how to transform our troubled democracy into a thriving parliamentary America.
On both a national and global stage we are witnessing a reckoning on issues of racial justice. This historical moment that continues to unfold in the United States and elsewhere also creates an opening to spark and revitalize debate and policy changes on a range of crucial topics, including national security. By surfacing the depths to which White hegemonic power influences our institutions and cultural assumptions, we gain more accurate understanding of how race manifests in national security domestically, transnationally, and globally. In Race and National Security, leading experts challenge conventional interpretations of national security by illuminating the underpinning of White supremacy in our social consciousness. The volume centers the experience of those who have long been on the receiving end of racialized state violence. It finds that re-envisioning national security requires more than just reducing the size and scope of the security state. Contributors offer visions for reforming and transforming national security, including adopting an abolitionist framework. Race and National Security invites us to radically reimagine a world where the security state does not keep Black, Brown, and other marginalized peoples subordinated through threats of and actual incarceration, violence, torture, and death. Race and National Security is a groundbreaking volume which serves as a catalyst for remembering, exposing, and reconceiving the role of race in national security. The Just Security book series from OUP tackles contemporary problems in international law and security that are of interest to a global community of scholars, policymakers, practitioners, and students. With each volume taking a particular thematic focus and gathering leading experts, the series as a whole aims to rigorously and critically reflect on developments in these areas of law, policy, and practice. Each volume will be accompanied by a series of shorter digital pieces in Just Security's online forum at www.justsecurity.org, which tie the discussion to breaking news and headlines.
Mark A. Graber
In contemporary constitutional politics, Section 1 of the Fourteenth Amendment—which includes the citizenship, privileges and immunities, due process, and equal protection clauses—is the star of the show. But this was not the focus for the Republican members of the Thirty-Ninth Congress. Their interest was instead in Sections 2, 3, and 4. Today we tend to think the purpose of the Fourteenth Amendment was to protect persons of color. But the Republicans engaged in Reconstruction saw its purpose as preventing “rebel rule” by punishing treason and rewarding loyalty, particularly the loyalty of white men who remained faithful to the Union during the Civil War.
In this first of three planned volumes for the University Press of Kansas’s Constitutional Thinking series, Mark A. Graber aims to restore to contemporary memory the Fourteenth Amendment drafted by those Republican and Unionist members of Congress who supported congressional reconstruction.
In Punish Treason, Reward Loyalty, Graber breaks new ground researching Reconstruction, the Fourteenth Amendment, and constitutionalism by highlighting the importance of Sections 2, 3, and 4 to the representatives in the Thirty-Ninth Congress and their relative indifference to Section 1. His work underscores the importance and impact that legislative primacy and partisan supremacy had to Republican constitutional thinking about constitutional authority immediately after the Civil War.
Centered on Reconstruction and constitutional reform, Graber shows anew the Republican effort to prevent rebel rule by empowering and protecting loyalty.
Leigh S. Goodmark
A profound, compelling argument for abolition feminism—to protect criminalized survivors of gender-based violence, we must dismantle the carceral system.
Since the 1970s, anti-violence advocates have worked to make the legal system more responsive to gender-based violence. But greater state intervention in cases of intimate partner violence, rape, sexual assault, and trafficking has led to the arrest, prosecution, conviction, and incarceration of victims, particularly women of color and trans and gender-nonconforming people. Imperfect Victims argues that only dismantling the system will bring that punishment to an end.
Amplifying the voices of survivors, including her own clients, abolitionist law professor Leigh Goodmark deftly guides readers on a step-by-step journey through the criminalization of survival. Abolition feminism reveals the possibility of a just world beyond the carceral state, which is fundamentally unable to respond to, let alone remedy, harm. As Imperfect Victims shows, abolition feminism is the only politics and practice that can undo the indescribable damage inflicted on survivors by the very system purporting to protect them.
Sharon Reece, Kelsey N.H. Mayo, and Jesse A.A. St. Cyr
Practical and authoritative, this guide is a valuable tool to help decipher the complexities of executive compensation. By providing an overview of many key topics, this book highlights opportunities and pitfalls that are common in this area of the law. The book covers an introduction to executive compensation, tax aspects, ERISA, compensation and equity plans, partnerships and LLCs, and much more.
Wayne Barnes, Paula A. Franzese, Kevin V. Tu, and David G. Epstein
This book for a Uniform Commercial Code survey course makes key concepts from the UCC clear and understandable, and presents the material in a format that encourages students to take the course and teachers to teach it. The book is designed for coverage in a 2 or 3-hour survey course, and covers the most significant provisions of Uniform Commercial Code Article 2 (Sales), Article 9 (Secured Transactions), and Articles 3 and 4 (Payment Systems). The start of each chapter highlights key learning objectives to allow students to fully master the material. Salient provisions of the Code have been selected and excerpted, along with cogent textual explanations and examples that bring the provisions to life, and realistic problems that test the students’ understanding and provide the starting point for class discussion. The text is designed to give a high-level overview of critical concepts from the Uniform Commercial Code, without requiring students to take several more specialized courses.
Stephen A. Satzburg, Daniel J. Capra, and David C. Gray
The 2022 edition of American Criminal Procedure incorporates substantial changes in both caselaw and the law enforcement landscape while maintaining the editorial voice that has earned accolades from generations of students and professors. This edition of the classic casebook contains detailed and authoritative commentary, extensive discussion of practical problems, highlighted treatment of selected recent lower-court cases, full consideration of Supreme Court cases, and questions that challenge the conceptions and analytical powers of law students. New features include the addition of historical materials; more headnotes; full case treatment of important new Supreme Court cases; and scholarly commentary on such topics as electronic searches, the exclusionary rule, Miranda, and the intersections between race and criminal justice. The authors have made a concerted attempt to arrange the material in a way that facilitates organized analysis of criminal procedure questions without sacrificing nuance.
Susan N. Gary, Jerome Borison, Naomi R. Cahn, and Paula A. Monopoli
The fourth edition of Contemporary Trusts and Estates gives students a clear understanding of the laws governing inheritance and end-of-life planning, including major uniform acts like the Uniform Probate Code and the Uniform Trust Code.
Contemporary Trusts and Estates captures the rapid evolution of doctrine in trusts and estates law that has occurred over the past half-century in response to profound societal and demographic changes. Based on recent developments in legal education, this casebook integrates legal analysis, judgment and perspective, ethics, and practice skills. It focuses simultaneously on the theoretical foundations and practical applications of the material, teaching students by using traditional case analysis and, at the professor’s option, innovative exercises.
While the casebook covers the customary elements of a trust and estate course and focuses students on core trust and estate issues of intent and statutory analysis, it does so with three innovations:
- Early in the semester, it provides an overview of the status of all people involved in estate planning, addressing issues such as the meaning of “spouse” and “child” and the ethical obligations of lawyers who represent multiple clients.
- It includes exercises that are integrated into the more traditional casebook material and are designed to provide hands-on practical experience; these exercises involve skills ranging from counseling to drafting to litigation.
- It includes numerous problems, which drill down on a particular statute or common law doctrine and require students to apply what they have learned to a hypothetical fact pattern.
Ralph H. Folsom, Michael P. Van Alstine, and Michael D. Ramsey
The Fifth Edition of Principles of International Business Transactions provides a more comprehensive examination of the law relevant to the subject matter and detailed citations to caselaw and other supporting authorities. It can be used by courts and legal practitioners as a resource for research and analysis, as well as by students and professors as a supplement for any international business law course. It tracks the authors' popular problem-oriented coursebook, International Business Transactions. Coverage moves sequentially from structuring international sales transactions to international sales law and letters of credit to regulation of international trade to transfers of technology to foreign investment to international business dispute settlement.
Robert Percival, Christopher H. Schroeder, Alan S. Miller, and James P. Leape
Environmental Regulation: Law, Science, and Policy demystifies the complexity of environmental law. It provides up-to-date, comprehensive and accessible coverage of this rapidly changing field. After exploring the causes of environmental problems and the moral values they implicate, the casebook provides a structural overview of the regulatory system. It considers how environmental law seeks to protect public health and the environment from climate change, toxic chemicals, hazardous wastes, and air and water pollution. This casebook covers land use regulation, protection of biodiversity, environmental impact assessment, environmental enforcement, and international environmental law. Written in a style accessible to the non-specialist, this casebook affords instructors flexibility in organizing courses. Effective teaching and study aids include outlines of 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.
Paula A. Monopoli
An account of the ramifications of the passage of the Nineteenth Amendment and the divisions it created in the courts and Congress, and in the women's movement itself.
Constitutional Orphan explores the role of former suffragists in the constitutional development of the Nineteenth Amendment, during the decade following its ratification in 1920. It examines the pivot to new missions, immediately after ratification, by two national suffrage organizations, the National Woman's Party and the National American Woman Suffrage Association. The NWP turned from suffrage to a federal equal rights amendment. NAWSA became the National League of Women Voters, and turned to voter education and social welfare legislation. The book then connects that pivot by both groups, to the emergence of a thin conception of the Nineteenth Amendment, as a matter of constitutional interpretation. It surfaces the history around the Congressional failure to enact enforcement legislation, pursuant to the Nineteenth, and connects that with the NWP's perceived need for southern Congressional votes for the ERA. It also explores the choice to turn away from African American women suffragists asking for help to combat voter suppression efforts, after the November 1920 presidential election; and then evaluates the deep divisions among NWP members, some of whom were social feminists who opposed the ERA, and the NLWV, which supported the social feminists in that opposition. The book also analyzes how state courts, left without federal enforcement legislation to constrain or guide them, used strict construction to cabin the emergence of a more robust interpretation of the Nineteenth. It concludes with an examination of new legal scholarship, which suggests broader ways in which the Nineteenth could be used today to expand gender equality.
Anne-Marie Carstens and Elizabeth Varner
The recent spate of threats to cultural heritage, including in Iraq, Mali, Nepal, Syria, and Yemen, has led to increased focus on the sources of international cultural heritage law. This edited volume shows that international cultural heritage law is not a discrete and contained body of law, but one whose component parts are drawn from diverse fields of public international law. It shows how cultural heritage law has been shaped by its interaction with other areas of international law, and how it has contributed to international law in turn.
In this volume, scholars and practitioners explore some of the primary points of intersection between international cultural heritage law and public international law. Chapters explore instersections with the law of armed conflict, international and transnational criminal law, international human rights, the international movement, regulation, and restitution of cultural artefacts, and the UN system. The result is a cohesive collection that not only explores many facets of the intersections of cultural heritage law and public international law, but also examines how the regimes operate together and how the relationship between them largely facilitates, but also sometimes hinders, the development of international law governing the protection of cultural heritage.
Russell A. McClain
The Guide to Belonging in Law School is the only book of its kind and should be required summer reading before law school. It accomplishes two discrete goals. First, it requires readers to engage in an authentic, rigorous, mini-law school semester involving reading, studying, five Socratic classes (through the connected website), exam preparation, and exam writing. Second, the book provides a foundation for students from marginalized groups to recognize and manage both subtle and explicit barriers that can impede their progress. Law schools should recommend this book to every incoming law student, especially those from groups underrepresented in the profession. Professor McClain is a nationally-recognized expert on inclusiveness and minority student achievement in law school.
Tsemin Yang, Anastasia Telesetsky, Lin Harmon-Walker, and Robert Percival
Written by leading scholars and experts with extensive practice and teaching experience in the field, Comparative and Global Environmental Law and Policy offers a student-friendly approach to the study of a rapidly evolving and important area of law. Its multi-jurisdictional selection of judicial opinions and legal materials introduces students to the worldwide reach of environmental law. Through its substance, the book familiarizes students not only with governing and emerging legal principles but also demonstrates how legal norms are applied to specific issues and contexts, illustrating how law-on-the-books becomes law-in-action. Student understanding is reinforced by problem exercises and discussion question
Martha M. Ertman, William K. Sjostrom Jr., and Debora L. Threedy
Contract Law: An Integrated Approach (Doctrine and Practice Series) conveys traditional contract doctrine in a user-friendly format designed to reach 21st century students. Its integrated online and hard-copy elements provide a sophisticated interactive educational experience that professors can administer even in large classes. Each new topic starts with a short 5-minute video that gives students a “mind map” or “scaffold” for the upcoming material. Short quizzes in the videos and at the end of each chapter provide online formative assessments of ascending difficulty. The hard-copy text poses questions before and after each case to direct attention to core issues and stimulate deeper thinking, and also features text boxes to define crucial legal terms or provide cross-references. Both hard-copy and online materials are presented in a visually compelling format to keep students engaged. The balance of time-tested classic cases and recent opinions provides relevant fact situations and also illustrates the continuing relevance of venerable doctrines in new contexts such as online adhesion contracts.
Leigh S. Goodmark
Decriminalizing Domestic Violence asks the crucial, yet often overlooked, question of why and how the criminal legal system became the primary response to intimate partner violence in the United States. It introduces readers, both new and well versed in the subject, to the ways in which the criminal legal system harms rather than helps those who are subjected to abuse and violence in their homes and communities, and shares how it drives, rather than deters, intimate partner violence. The book examines how social, legal, and financial resources are diverted into a criminal legal apparatus that is often unable to deliver justice or safety to victims or to prevent intimate partner violence in the first place. Envisioned for both courses and research topics in domestic violence, family violence, gender and law, and sociology of law, the book challenges readers to understand intimate partner violence not solely, or even primarily, as a criminal law concern but as an economic, public health, community, and human rights problem. It also argues that only by viewing intimate partner violence through these lenses can we develop a balanced policy agenda for addressing it. At a moment when we are examining our national addiction to punishment, Decriminalizing Domestic Violence offers a thoughtful, pragmatic roadmap to real reform.
Mark A. Graber, Sanford Levinson, and Mark Tushnet
Is the world facing a serious threat to the protection of constitutional democracy?
There is a genuine debate about the meaning of the various political events that have, for many scholars and observers, generated a feeling of deep foreboding about our collective futures all over the world. Do these events represent simply the normal ebb and flow of political possibilities, or do they instead portend a more permanent move away from constitutional democracy that had been thought triumphant after the demise of the Soviet Union in 1989?
Constitutional Democracy in Crisis? addresses these questions head-on: Are the forces weakening constitutional democracy around the world general or nation-specific? Why have some major democracies seemingly not experienced these problems? How can we as scholars and citizens think clearly about the ideas of "constitutional crisis" or "constitutional degeneration"? What are the impacts of forces such as globalization, immigration, income inequality, populism, nationalism, religious sectarianism?
Bringing together leading scholars to engage critically with the crises facing constitutional democracies in the 21st century, these essays diagnose the causes of the present afflictions in regimes, regions, and across the globe, believing at this stage that diagnosis is of central importance—as Abraham Lincoln said in his "House Divided" speech, "If we could first know where we are, and whither we are tending, we could then better judge what to do, and how to do it."
Robert L. Glicksman, David C. Gray, Andrew Lund, Eric Miller, Gregg Polsky, and W. Bradley Wendel
Built on the very successful model of Get a Running Start: Your Comprehensive Guide to the First Year Curriculum, this book offers a global overview of the core upper-level bar courses in a single volume. In accessible, short lessons, Stay Ahead of the Pack covers all the major concepts taught in each of the courses most commonly taken by second- and third-year law students: administrative law, business associations, criminal procedure, evidence, personal income tax, and professional responsibility. Each of the chapters is written by a specialist in the field who is a decorated teacher with years of experience in the classroom. In this volume, they have distilled that experience and expertise to produce the tool they wish they had when they were in law school: a clear, concise introduction to all the upper-level bar courses that form the core of the second- and third-year curriculum. Get a Running Start has proved to be a valuable tool for first-year law students, heralded as a “must read” that “covers everything,” “should be required reading for every incoming law student,” and is “of great help when reviewing and studying for exams.” Stay Ahead of the Pack provides the same competitive advantage for second- and third-year law students. By reading through the chapter for a course, students will get a complete overview early in the semester. As the semester goes forward, students can accelerate their learning and comprehension by reviewing individual lessons when preparing for class. As the semester comes to a close, the lessons in this book provide a framework for outlining and exam preparation. And after graduation, the materials in this book will be valuable for aspiring new lawyers as they study for the bar exam. Outside the classroom, Stay Ahead of the Pack offers a stimulating introduction to fundamental legal concepts that will engage citizens who want to know more about the law as a central feature of public life and legal issues commonly featured in the news and policy debates. Among the many features readers will find useful are: •Up-to-date content that includes the Tax Cuts and Jobs Act of 2017 and major Supreme Court cases from the 2017-2018 term including Carpenter v. United States.•An introductory chapter offering advice on how to structure a successful class preparation and study process.•Short lessons that provide readers with an introduction to the major concepts for a day or week of law school classes in 10-15 minutes.•Complete course coverage that will allow readers to get a global overview of a core curriculum bar course in the span of an afternoon.•Frequent use of examples and hypotheticals to illustrate major points in an accessible way.•Short “Takeaway” summaries at the end of each lesson that highlight the main points and provide a quick reference or refresher.
Maxwell Stearns, Todd J. Zywicki, and Thomas J. Miceli
This accessible volume integrates wide-ranging economic methodologies with a vast array of legal subjects. Coverage includes the first-year law school curriculum along with institutions and doctrines comprising the core foundation of upper level legal study. Dedicated chapters introduce neoclassical economics, interest group theory, social choice, and game theory, and the book intersperses alternative methodological insights. The analysis synthesizes these methodologies with modern and classic case law, other legal materials, and policy discussions inspired by current events. Ideal for a law school seminar or capstone course, this unique volume is also perfectly suited for business school courses on legal methods and public policy. Professors will find a rich array of materials adaptable to varying pedagogical styles and substantive areas of emphasis. Students exploring these materials will emerge with a deeper understanding of law and economics and a greater appreciation of our lawmaking institutions.
Brandon L. Garrett and Lee B. Kovarsky
The death penalty is contested across modern social, political, academic, and legal institutions, and this interdisciplinary text helps readers analyze that debate. It begins with Furman v. Georgia, which doubles as the Supreme Court’s only decision striking down the death penalty and as the origin of modern American capital punishment. The text explores the legal rules and moral reasoning behind the principle that the death penalty be reserved for the worst offenders, as well as the most uncomfortable realities of American capital punishment—the likelihood of wrongful executions and the undeniable influence of race on death penalty practice. Discussion of law and theory is always supplemented with appropriate empirical studies, and is connected to the practice of lawyers on the ground. The text concludes with a glimpse to the future of the death penalty, and situates the increasingly exceptional American experience in an international context. This legal material is carefully presented so as to remain accessible to non-lawyers, and it is intended for anyone with an interest in capital punishment.
Samuel Donaldson and Donald B. Tobin
Completely updated to reflect the 2017 Tax Cuts and Jobs Act, the Third Edition of Federal Income Tax: A Contemporary Approach continues its successful integration of several modern platforms to introduce students to the federal income taxation of individuals. As before, the book takes three passes through the system, each in increasing detail. The first pass, in two short chapters, introduces the basic structure of the federal income tax through the computation of taxable income. It lets students see the overall structure early in their study and gives context to new concepts as they are introduced. The second pass, consuming two larger chapters, walks through the concepts of gross income and deductions, respectively. The final pass, consuming seven chapters, then builds on the material from the first four chapters, considering exclusions, timing issues, characterization, and advanced discussion of property transactions, personal expenses, dual-use expenses, and tax shelters. The text includes dozens of review questions, hundreds of self-assessment questions, and nearly 100 detailed problems for class discussion, all of which require students to apply Code and Regulation provisions to real-life fact patterns. The book also includes links to several instructional videos to reinforce student comprehension. Like other titles in the Interactive Casebook Series, the accompanying electronic version gives students immediate access to cited cases, statutes, and articles.
Martha M. Ertman
This creative and original book is designed for use in three ways. It can supplement a traditional Secured Transactions text with skills training exercises, be used as the text for a 1-credit drafting workshop added on to a doctrinal commercial law class, and also as the text for a 2 or 3 credit contract drafting course. The ten user-friendly exercises are modular so that professors can assign one or two exercises a semester to gradually make their classes comply with ABA requirements for transition to practice credits as well as formative and summative assessments. Students work in teams to negotiate and draft core documents that memorialize a secured transaction, starting with a promissory note, and continuing on to a financing statement and security agreement. In a 2 or 3-credit drafting course or workshop, students could also negotiate and draft a personal guaranty, perfect a security interest in a delivery truck and fixtures, balance ethical requirements of client confidentiality with truthfulness, and compile a portfolio of the documents with a cover letter to the client. Each exercise requires only fifteen to thirty minutes of class time and one to two hours on homework assignments that have students identify the anatomical parts of a contract (preamble, recitals, words of agreement, etc.), fill in a template promissory note with the parties' names, principal amount, interest rate, and signature blocks, and edit a template security agreement to conform it to the terms of the students' negotiated agreement. Each drafting exercise contains a template that students edit, and the text includes instructions for negotiation exercises.
David C. Gray and Stephen Henderson
Surveillance presents a conundrum: how to ensure safety, stability, and efficiency while respecting privacy and individual liberty. From police officers to corporations to intelligence agencies, surveillance law is tasked with striking this difficult and delicate balance. That challenge is compounded by ever-changing technologies and evolving social norms. Following the revelations of Edward Snowden and a host of private-sector controversies, there is intense interest among policymakers, business leaders, attorneys, academics, students, and the public regarding legal, technological, and policy issues relating to surveillance. This handbook documents and organizes these conversations, bringing together some of the most thoughtful and impactful contributors to contemporary surveillance debates, policies, and practices. Its pages explore surveillance techniques and technologies; their value for law enforcement, national security, and private enterprise; their impacts on citizens and communities; and the many ways societies do - and should - regulate surveillance.
David C. Gray
The Fourth Amendment is facing a crisis. New and emerging surveillance technologies allow government agents to track us wherever we go, to monitor our activities online and offline, and to gather massive amounts of information relating to our financial transactions, communications, and social contacts. In addition, traditional police methods like stop-and-frisk have grown out of control, subjecting hundreds of thousands of innocent citizens to routine searches and seizures. In this work, David Gray uncovers the original meaning of the Fourth Amendment to reveal how its historical guarantees of collective security against threats of 'unreasonable searches and seizures' can provide concrete solutions to the current crisis. This important work should be read by anyone concerned with the ongoing viability of one of the most important constitutional rights in an age of increasing government surveillance.
C. Christopher Brown
Making extensive use of primary sources, C. Christopher Brown has broken new ground and filled a long overlooked gap in Maryland history. Here is the story of African Americans on Maryland’s Eastern Shore, from the promise-filled days following the end of slavery to the rise of lynch law, segregation, and systematic efforts at disenfranchisement. Resisting, as best they could, attempts of the Democratic "White Man’s Party" to render them second-class citizens, black communities rallied to their churches and fought determinedly to properly educate their children and gain a measure of political power. The Eastern Shore's Cambridge, guided by savvy and energetic leaders, became a political and cultural center of African American life.
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