Health Care Law and Ethics, Ninth Edition offers a relationship-oriented approach to health law—covering the essentials, as well as topical and controversial subjects. The book provides thoughtful and teachable coverage of every aspect of health care law. Current and classic cases build logically from the fundamentals of the patient/provider relationship to the role of government and institutions in health care. The book is adaptable to both survey courses and courses covering portions of the field.
Nancy B. Rapoport and Jeffrey D. Van Niel
Good students need to know more than the rules. Law students need to know more than substantive law, and business students need to know more than basic business principles. Students need to be able to understand how the clearest policies can be undercut by the ways in which humans tend to think, both individually and in groups. Most of the world's scandals weren't caused by villains; but rather by humans reacting to certain types of situations. In retrospect, it's possible to piece together what caused a scandal, but this book gives students the tools to try to forestall the development of a scandal in the first place. By deconstructing well-known scandals, students can put themselves in the role of CEO or General Counsel and determine how they would discover ways to react differently.
Linda H. Edwards
Calls to reform legal education argue for increasing skills courses and for adding skills components to existing doctrinal courses. Doctrinal teachers naturally resist. The argument asks them to give up curricular space and syllabus time in order to advance the teaching goals of someone else's course. But what if doctrinal and skills courses are not naturally occurring categories at all, but rather subjective groupings of our own creation? What if skills teaching is actually an inherent part of deep doctrinal learning? This book dismantles the theoretical legitimacy of the doctrine-skills divide, identifies its unnecessary negative entailments, and suggests better alternatives.
Leslie C. Griffin
The fourth edition was updated to include important new Supreme Court cases on governmental prayer, reproductive healthcare rights, the Religious Freedom Restoration Act (RFRA), and same-sex marriage. The fourth edition continues the book's interdisciplinary approach to law and religion, its student-friendly notes and questions, and its inclusion of numerous non-Supreme Court cases from a variety of state, federal, and international courts. The chapters were reorganized to highlight the impact of the Court's most recent cases on the subject matter of law and religion. The first six chapters provide the foundational information about free exercise, establishment, and RFRA.
Leslie C. Griffin and Joan H. Krause
Practicing Bioethics Law provides basic readings in the field of bioethics law, including court cases, statutes, administrative regulations, briefs, and law review and other academic articles. The text presents theoretical debates about the latest bioethical subjects as well as practice-based materials that expose students to a wide range of possible bioethics-related careers. The book’s companion website provides practice documents, videos, pictures, scientific materials and other information that is too complex to include in a traditional casebook. The authors combined the book and the website so readers could learn more about the practice of bioethics law at the same time they are beginning to understand the theory and content of bioethics law.
Ann C. McGinley
In late October 2013, the Miami Dolphins’ player Jonathan Martin walked out on his team and checked into a mental health institution. The original story implied that Martin could not take the professional pressure. Within days, the story changed. News sources reported that Martin’s teammates had repeatedly bullied him and as a result, the twenty-four year-old African American player suffered serious depression. The response was skeptical, and many opined the harassment involved was simply locker room banter that all players endure; essentially, that boys will be boys.
Masculinity at Work uses the Jonathan Martin case and others to analyze Title VII of the Civil Rights Act of 1964 through the lens of masculinities theory. Illustrating how harassment and discrimination can occur because of sex even if the gendered nature of the behavior remains unseen to onlookers, this book educates readers about the invisibility of masculine structures and practices, how society constructs concepts of masculinity, and how men (and sometimes women) perform masculinity in different ways depending on their identities and situational contexts. Using a sophisticated mix of legal, gender, and social science analysis, the author demonstrates how masculinities theory can also offer significant insights into the behaviors and motivations of employers, as well as workplace structures that disadvantage both men and women who do not conform to gender stereotypes. Both a theoretical disposition and a practical guide for legal counsel and judges on the interpretation of sex and race discrimination cases, Masculinity at Work explains how this theory can be used to interpret Title VII in new, liberating ways.
Jeffrey W. Stempel and Erik S. Knutsen
Unlike most other books in the field, which slant toward either policyholder or insurer counsel, Stempel and Knutsen on Insurance Coverage takes an even-handed approach making it useful to attorneys from all sides. Moreover, it's designed for practitioners from all professional backgrounds and insurance experience.
Written in clear, jargon-free language, it covers everything from the basic insurance concepts, principles, and structure of insurance policies to today's most complex issues and disputes. The authors, Jeffrey W. Stempel and Erik S. Knutsen, are well-known authorities on the law of insurance coverage, and this new Fourth Edition of Stempel and Knutsen on Insurance Coverage is completely up-to-date on every aspect of its subject.
This one-stop resource provides both a sound historical, theoretical and doctrinal grounding in insurance, as well being practice-oriented and packed with practical guidance. After providing information about insurance policies and issues in general, it focuses on specific types of policies and coverage such as property coverage, liability coverage, automobile coverage, excess and umbrella coverage, and reinsurance, plus such vital areas as employment, defective construction, and terrorism claims...D&O liability...ERISA...bad faith litigation...and much more. Plus, you'll find extensive examination of the commercial general liability (CGL) policy, the type of insurance involved in most major coverage cases.
Among the most important CGL issues covered in Stempel and Knutsen on Insurance Coverage are:
- Pollution-related coverage
- Trigger of coverage
- Apportionment of insurer and policyholder responsibility
- Business risk exclusions
- Coverage under the "personal injury" section of the CGL
- Coverage under "advertising injury"
Nowhere else will you find so much valuable current information, in-depth analysis, sharp insight, authoritative commentary, significant case law, and practical guidance on this critically important area. With its clear explanations and thorough, even-handed coverage, Stempel and Knutsen on Insurance Coverage is unlike any other resource in its field.
This casebook organizes contemporary foreign, as well as U.S., case law and literature to equip law students with the knowledge they need to engage in international intellectual property practice, in both transactional and litigation settings. Carefully selected materials also expose students to the social, economic, and cultural considerations that underpin intellectual property law around the world. Each field of law - copyright, patent, trademark, unfair competition, trade secrets, industrial design - is introduced by a comprehensive author's note placing the field in its international and comparative law context, and extensive notes on the cases and materials fill in relevant details, including currently and historically important topics. A substantially expanded teacher's guide offers step-by-step help to teaching every case and doctrine.
This book provides coverage of a variety of subjects not found in other entertainment law books, including analytical/transactional/experiential material on some of the unique problems that arise in representing an entertainer; entertainment industry contracts; taxation of entertainers; selling an idea; and the implications of the internet to entertainment and the identities of artists. It includes an international treatment of many of the subjects. In many of the chapters the questions are the kind that arise in law practice, and they ask students to apply what they are about to read or just have read.
Jeffrey W. Stempel, Steven Baicker-McKee, Brooke D. Coleman, David F. Herr, and Michael J. Kaufman
Learning Civil Procedure provides a broad, student-centered, user-friendly approach to civil procedure that is both simplified and sophisticated. It engages students through presentation of examples and analyses that build mastery of the material before moving on to more involved problems similar to those students will encounter on final examinations, bar examinations, and as lawyers. This new publication, like West's Learning Evidence, makes great use of problems to facilitate dialogue in class and correspondingly uses many fewer case excerpts than does the typical casebook. But it includes the core "canon" of civil procedure opinions as well as sufficient historical background necessary for producing culturally literate lawyers better equipped for actual real world litigation practice.
Editions of this book have been published in 2013 and 2015.
Jeffrey W. Stempel, David F. Herr, and Roger S. Haydock
This comprehensive guide analyzes every applicable rule of civil procedure, and gives practice-proven techniques for evaluating what motions will work most effectively in each case. From early pretrial motions dealing with complaints and jurisdiction to appellate motion practice for both victor and vanquished.
Editions of this book have been published in 1985, 1991, 1998, 2001, 2009, and 2015.
Jeffrey W. Stempel and Randy Maniloff
General Liability Insurance Coverage: Key Issues in Every State authored by Randy Maniloff & Jeffrey Stempel: Insurance coverage disputes raise issues in which laws and outcomes regularly vary from state to state. Whether a claim is covered can depend a great deal on whether the case arises on one side of the street or another. It is imperative that insurance claims professionals, lawyers, brokers, risk managers, risk consultants, regulators, and judges have adequate access to comparative state-law research. General Liability Insurance Coverage is designed to give the stakeholders in the claims process ready access to the law of all 50 states on the most important liability insurance issues to quickly learn and assess state law relevant to coverage disputes.
Previously published by Oxford University Press, the 3rd Edition of Key Issues adds over 800 new cases (mostly from 2012-2014) and an expanded chapter examining the law in all 50 states on privacy coverage issues (to be at the core of many cyber coverage issues).
Features • Written by a practitioner and legal scholar with extensive backgrounds and experience in insurance coverage law • An easy-to-read resource for all those involved in the insurance claims process • Provides readers with a thorough and up-to-date state-by-state analysis of insurance coverage law
Editions of this book have been published in 2011, 2012, and 2015.
David S. Tanenhaus, Franklin E. Zimring, and Maximo Langer
Among developed nations, the United States has one of the most extreme and harsh criminal justice systems in the world—there is overwhelmingly more violence, more punishment, and more incarceration for both adults and juveniles here. But while American scholars may have extensive knowledge about other justice systems around the world and how adults are treated, juvenile justice systems and the plight of youth who break the law throughout the world is less often studied. This important volume fills a large gap in the study of juvenile justice by providing an unprecedented comparison of criminal justice and juvenile justice systems across the world, looking for points of comparison and policy variance that can lead to positive change in the United States.
Edited by three distinguished scholars on this topic, Juvenile Justice in Global Perspective contains original contributions from some of the world’s leading voices. The contributors cover countries from Western Europe to rising powers like China, India, and countries in Latin America. The book discusses important issues such as the relationship between political change and juvenile justice, the common labels used to unify juvenile systems in different regions and in different forms of government, the types of juvenile systems that exist and how they differ, and the impact of national characteristic differences on outcomes of treatment. Furthermore, the book uses its data on criminal versus juvenile justice in a wide variety of nations to create a new explanation of why separate juvenile and criminal courts are felt to be necessary. Offering a unique, proactive and comprehensive approach to juvenile justice, Juvenile Justice in Global Perspective is an important resource for scholars, prosecutors, lawmakers, and judges who hope to shape a better future for youth involved with the criminal justice system.
Mary Beth Beazley
Mary Beth Beazley’s highly regarded A Practical Guide to Appellate Advocacy is a comprehensive student-focused guide to writing appellate briefs. Written in an understandable, direct writing style, this concise paperback’s effective structure centers on a four-point approach to writing and breaks each point down into key elements that are then treated in-depth.
• New material on the impact technology is having on appellate advocacy, the research for which includes interviews with both judges and clerks
• Tips on time management
• Material on the narrative theory has been expanded and clarified with syllogisms that use narrative theory
• New discussions on avoiding plagiarism in law school and malpractice in practice that also note the differences between academic misconduct and professional misconduct when it comes to legal writing
Mary Beth Beazley
Applying the perspective of the reader to the craft of writing, Legal Writing for Legal Readers teaches the differences between strong and weak legal writing by letting students read examples of both. Students discover how productive it can be to read a well-articulated argument, as compared to one that is illogical and ill conceived. We aren’t always able to identify our own faults as writers—but as readers, we can see clearly the merits of both the argument and its presentation. The authors’ sidebars and annotations highlight why one writer fails while another succeeds. Students realize the significance of their own behavior as readers and how that behavior should dictate their writing decisions. As readers, students learn to recognize the specific elements of analysis and structure that make legal writing effective. As writers, they will make better and more informed choices, when they think about it from a reader’s perspective.
Using the student’s own experience as a reader to shed light on what makes legal writing succeed or fail, Legal Writing for Leal Readers features:
• A range of both strong and weak legal documents, selected to illustrate legal writing concepts
• Broad coverage that includes memos and briefs, as well as complaints, correspondence, and criminal motions
• Sidebar comments from the authors that provide context and insight
• Annotations that incorporate cognitive and behavioral theories to explain why some approaches work better than others
• Authors with a wealth of experience, in both teaching and practice
• Additional on-line resources
Anthony N. Cabot and Ngai Pindell
Once restricted to exotic locations like Las Vegas, Macau, and Monte Carlo, casinos are now operating in many cities nationally and internationally from the Maryland waterfront to Ho Chi Minh City. This expansion of the gaming industry, both geographically and economically, raises new and important policy questions about the role of government in gaming regulation, the obligations and opportunities for casinos, and public support for gambling and gaming tax revenue. The contributors to this book have decades of experience in gaming regulation and business and are optimistic about the future of gaming and casinos. Each author critically engages the subject and offers his or her insight into what works and what does not in the gaming business and gaming regulation. Whether a jurisdiction is considering legalizing gaming or deciding how to regulate an existing gaming industry, it should engage in a careful cost-benefit analysis informed by available data and the jurisdiction’s particular public policy goals.
Each chapter in this book considers a key component of this process. The chapters collect and analyze gaming research from a wide variety of disciplines, including law, business, social sciences, economics, and tax to explain the many approaches a jurisdiction might take to identify and address important policy goals and to suggest emerging issues that require additional research and data. The chapters also incorporate extensive industry experience and examples to investigate the effects of different regulatory practices on the gaming industry, industry stakeholders, and the public.
Linda H. Edwards
This highly accessible text uses a process-based approach that integrates legal analysis with writing to provide a basic introduction to the skills needed for effective legal writing. Professor Linda Edwards, a highly respected member of the legal writing community, identifies four main stages of a writing task and helps students learn how to use each stage as a tool to better writing.
David S. Tanenhaus and Franklin E. Zimring
This is a hopeful but complicated era for those with ambitions to reform the juvenile courts and youth-serving public institutions in the United States. As advocates plea for major reforms, many fear the public backlash in making dramatic changes. Choosing the Future for American Juvenile Justice provides a look at the recent trends in juvenile justice as well as suggestions for reforms and policy changes in the future. Should youth be treated as adults when they break the law? How can youth be deterred from crime? What factors should be considered in how youth are punished? What role should the police have in schools?
This essential volume, edited by two of the leading scholars on juvenile justice, and with contributors who are among the key experts on each issue, the volume focuses on the most pressing issues of the day: the impact of neuroscience on our understanding of brain development and subsequent sentencing, the relationship of schools and the police, the issue of the school-to-prison pipeline, the impact of immigration, the privacy of juvenile records, and the need for national policies—including registration requirements--for juvenile sex offenders. Choosing the Future for American Juvenile Justice is not only a timely collection, based on the most current research, but also a forward-thinking volume that anticipates the needs for substantive and future changes in juvenile justice.
Thomas O. Main
An ideal accompaniment to any civil procedure casebook, including the authors’ own Civil Procedure: Doctrine, Practice, and Context, Fourth Edition, the 2013-2014 statutory supplement presents the current Federal Rules of Civil Procedure (FRCP). Useful cross-references to Advisory Committee Notes, Restatement sections, and Transnational Rules have been integrated into the FRCP to help students explore the larger context of each Rule. This supplement includes recent Supreme Court decisions as well as pending amendments.
Complete features include:
- The current Federal Rules of Civil Procedure
- The U.S. Constitution and U.S. Code provisions current through May 1, 2013
- Excerpts from the Restatement (Second) of Judgments
- Excerpts from the American Law Institute/UNIDROIT Rules of Transnational
- Examples of state long-arm and venue statutes
Financial and ethical issues are integrated into this concise and engaging treatment of Bioethics and Public Health Law. The complex relationship between patients, providers, the state, and public health institutions are explored through high-interest cases, informative notes, and compelling problems. The updated Third Edition includes recent cases and developments in biotechnology, including stem cell research and gene patents, and updates to HIPPA coverage, DNA research, and bio-banks. Discussions of confidentiality and informed consent include new legislative and judicial responses to posthumous reproduction and the challenges arising from international reproductive tourism.
When talking heads and political pundits make their “What’s Wrong with America” lists, two concerns invariably rise to the top: the growing presidential abuse of power and the toxic political atmosphere in Washington. In Two Presidents Are Better Than One, David Orentlicher shows how the “imperial presidency” and partisan conflict are largely the result of a deeper problem—the Constitution’s placement of a single president atop the executive branch. Accordingly, writes Orentlicher, we can fix our broken political system by replacing the one person, one-party presidency with a two-person, two-party executive branch. Orentlicher contends that our founding fathers did not anticipate the extent to which their checks and balances would fail to contain executive power and partisan discord. They also did not foresee how the imperial presidency would aggravate partisan conflict. As the stakes in presidential elections have grown ever higher since the New Deal, battles to capture the White House have greatly exacerbated partisan differences. Had the framers been able to predict the future, Orentlicher argues, they would have been far less enamored with the idea of a single leader at the head of the executive branch and far more receptive to the alternative proposals for a plural executive that they rejected. Like their counterparts in Europe, they might well have created an executive branch in which power is shared among multiple persons from multiple political parties. Analyzing the histories of other countries with a plural executive branch and past examples of bipartisan cooperation within Congress, Orentlicher shows us why and how to implement a two-person, two-party presidency. Ultimately, Two Presidents Are Better Than One demonstrates why we need constitutional reform to rebalance power between the executive and legislative branches and contain partisan conflict in Washington.
Internet gaming sparks controversy from corporate board rooms to legislative hallways. Unlike traditional casinos, the Internet permits people to engage in gaming activities from virtually anywhere over computers and mobile devices. Governments and policy makers looking at this activity struggle with such questions as whether regulation can assure that Internet gaming can be restricted to adults, the games offered are fair and honest, and players will be paid if they win. This book is a timely collection of eleven chapters discussing key considerations and model approaches to internet gaming regulation and outlining the important questions and emerging answers to regulating gaming activity outside of land-based casinos.
Some of the regulatory insights are taken from lessons learned in the land-based casino industry and others from the relatively newer experiences of international internet gaming providers. Contributors are among the world’s leading experts on Internet gaming. They focus on structural concerns including record-keeping, managing different taxing regimes, maintaining effective controls, protecting customer funds, and preventing money laundering, as well as on policy concerns ensuring responsible play, the detection of fraud, reliable age verification, and the enforcement of gaming laws and norms across jurisdictions. Internet gaming is an emerging field, especially in the U.S., and the contributors to this book provide regulatory examples and lessons that will be helpful to lawyers, policy makers, gaming operators and others interested in this burgeoning industry.
Nancy B. Rapoport and Jeffrey D. Van Niel
From interviewing for a position as an associate to achieving partnership, the Law Firm Job Survival Manual will help you run the gauntlet of your legal career faster and smarter. Written with humor and sensitivity, this concise handbook demystifies the etiquette and ethics of the law firm environment while equipping you with essential survival skills. Launch your career or jumpstart it with the observations and experience of Nancy B. Rapoport and Jeffrey D. Van Niel.
- Comprehensive advice that spans your career from summer job interviews through the first year of partnership
- First-person essays written by well respected practicing attorneys
- Face-saving tips on etiquette and ethics and avoiding career-limiting mistakes
- Practical information and guidance for day-to-day survival
- Companion website: http://lawfirmjobsurvivalmanual.blogspot.com
Keith A. Rowley
This book focuses on the law of commercial contracts as constructed by the U.S. and UK legal systems. Leading scholars from both sides of the Atlantic provide works of original scholarship focusing on current debates and trends from the two dominant common law systems. The chapters approach the subject areas from a variety of perspectives – doctrinal analysis, law and economic analysis, and social-legal studies, as well as other theoretical perspectives. The book covers the major themes that underlie the key debates relating to commercial contract law: role of consent; normative theories of contract law; contract design and good faith; implied terms and interpretation; policing contract behavior; misrepresentation, breach, and remedies; and the regional and international harmonization of contract law. Contributors provide insights on the many commonalities, but more interestingly, on the key divergences of the United States and United Kingdom's approaches to numerous areas of contract law. Such a comparative analysis provides a basis for future developments and improvements of commercial contract law in both countries, as well as other countries that are members of the common law systems. At the same time, insights gathered here should also be of interest to scholars and practitioners of the civil law tradition.
- Presents a comparative, multidisciplinary and scholarly assessment of the current state of commercial contract law in the US, the UK and to some extent in Europe
- Takes a wide range of theoretical approaches to study commercial contract
- Chapters approach the subject areas from a variety of perspectives - doctrinal analysis, law and economic analysis, and social-legal studies, as well as other theoretical perspectives
Jeffrey W. Stempel, David F. Herr, and Roger S. Haydock
This trailblazing work, now in its ninth edition, continues to be the standard of pretrial litigation texts. This widely adopted book is used in skills and clinic courses, advanced civil procedure seminars, civil procedure classes, as well as in pretrial litigation classes.
The chapters comprehensively explain case planning, investigation, pleadings, discovery, e-discovery, depositions, interrogatories, document and ESI production, admission requests, sanctions, procedural and dispositive motions, effective motion advocacy, and alternative dispute resolution and settlement methods. These chapters enable students to become highly competent, responsible, and ethical litigators. This benchmark text covers the strategies, tactics, and techniques applicable to pretrial and prehearing practice before judges, arbitrators, and administrative officials. The extensive text provides examples and illustrations of successful litigators.
A new and innovative feature includes web-based electronic documents. Case files involving electronic discovery will be stored on a website that students and the professor have access to. This location contains numerous electronic documents and problems involving electronically stored information. Students will be able to locate, identify, search, and analyze electronic documents to better prepare them for modern litigation experiences. No other law school text provides this type of opportunity and experience.