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  Principles of Insurance Law, Third Edition

  Jeffrey W. Stempel, Emeric Fischer, and Peter Nash Swisher

  The Third Edition of Principles of Insurance Law includes new and expanded treatment of important insurance law developments, including: • The critical role of insurance binders as temporary forms of insurance as illustrated in the World Trade Center property insurance disputes resulting from the terrorist attacks of September 11, 2001; • The continuing debate between “legal formalists” and “legal functionalists” for “the heart and soul” of insurance contract law; • What constitutes a policyholder’s “reasonable expectation” regarding coverage; • The current property and liability insurance “crisis”; • Risk management and self-insurance issues; • Emerging, and frequently conflicting, case law concerning the intersection of insurance law and federal anti-discrimination regulation; • On-going interpretive battles over the preemptive scope of ERISA; • The United States Supreme Court ruling that a California statute attempting to leverage European insurers into honoring commitments to Holocaust era policies is preempted by the Executive’s power over foreign affairs; • The State Farm v. Campbell decision, which struck down a $145 million punitive damages award in an insurance bad faith claim as well as setting more restrictive parameters for the recovery of punitive damages; • New issues over the dividing line between “tangible” property typically covered under a property insurance policy and “intangible” property, which is typically excluded—an issue of increasing importance in the digital and cyber age; • Refinement of liability insurance law regarding trigger of coverage, duty to defend, reimbursement of defense costs, and apportionment of insurer and policyholder responsibility for liability payments; • The difficult-to-harmonize decisions concerning when a loss arises out of the “use” of an automobile; • Insurer bad faith and the availability, if any, of actions against a policyholder for “reverse bad faith”; and • The degree to which excess insurance and reinsurance may be subject to modified approaches to insurance policy construction.

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  Juvenile Justice in the Making

  David S. Tanenhaus

  In his engaging narrative history of the rise and workings of America's first juvenile court, David S. Tanenhaus explores the fundamental and enduring question of how the law should treat the young. Sifting through almost 3,000 previously unexamined Chicago case files from the early twentieth century, Tanenhaus reveals how children's advocates slowly built up a separate system for juveniles, all the while fighting political and legal battles to legitimate this controversial institution. Harkening back to a more hopeful and nuanced age, Juvenile Justice in the Making provides a valuable historical framework for thinking about youth policy.

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  Lawyering: Practice and Planning, 2nd Edition

  Jeffrey W. Stempel

  This exceptional book explains fundamental lawyering skills, theories, values, relationships, and ethics for students in lawyering skills and clinical courses, first year legal representation classes, internships and externships, and practicum and related courses.
  
  Part One explains lawyering work and effective client interviewing and counseling. Part Two describes successful transactional and dispute resolution practice and negotiation and mediation. Part Three explains advocacy planning, pleading, and discovery. Fourteen chapters comprehensively explain the work of the lawyer, the business of lawyering, interviewing, counseling, transactional practice, dispute resolution, investigations, negotiations, mediation, pleadings, scope of discovery, depositions, and discovery methods.
  
  This outstanding text prepares students for their professional lives, as a civil practitioner, transactional lawyer, litigator, in house counsel, or businessperson. The thorough coverage enables novice lawyers to become highly competent, responsible, and ethical attorneys. The extensive materials cover the strategies, tactics, and techniques involved with effective client representation and provide illustrative examples of successful practice. Think Twice—an original learning device—provides commentary about being an effective, creative, and productive attorney.

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  The Individual as Subject of International Cooperation in Criminal Matters: A Comparative Study

  Christopher L. Blakesley

  The individual's position as a "subject," commonplace in national proceedings, is not at all clear when the need for extradition, mutual assistance or some other form of international cooperation arises in the context of domestic criminal proceedings.

  This book analyzes traditional concepts in which only two dimensions are represented, namely, that of the requesting and that of the requested state. Beyond this, the authors searched for a full three-dimensionality as well. The general approach was: If the individual is recognized as having his or her own subjective, substantive and procedural rights, be they conferred by international treaties or conventions or simply by municipal law (here, especially, constitutional guarantees), the legal relationships under study can no longer be seen as two-dimensional. The project focussed not only on extradition but also on other forms of international cooperation in criminal matters, including the enforcement of sanctions. The "choice of forum" came to be seen as a special topic and turned out to be an issue of paramount importance. In addition, our study of international administrative cooperation allowed us to cover some crucial gray areas that would not otherwise have been identified, e.g., police cooperation and international cooperation in tax matters.

  The book contains national reports on Finland, Germany, Italy, the Netherlands and the United States as well as a report on the European Union.

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  Cambio de Colores: Immigration of Latinos to Missouri

  Sylvia R. Lazos and Stephen Jeanetta

  Missouri has a history of diversity in geography, the economy, culture and people. The state is well known for its ability to adapt to the changes required to accommodate this diversity. Among the changes that are occurring is the influx of immigrants from around the world. The changing of the colors of Missouri is, once again, providing a set of challenges to respond to.

  The most notable change in the faces and colors of Missouri in recent years is the increase of Latino and Hispanic peoples in both rural and urban areas. These new Missourians are contributing significantly to the local and state economy as well as to the social progress of the state. Because these new immigrants speak a different language and represent different cultures and values, we need to acknowledge and welcome their contributions and make an extra effort to weave and integrate them into the rich societal tapestry that results from such a change.

  Sylvia Lazos and Stephen Jeanetta together have studied and documented the current status of Latino and Hispanic people in the state. This critical and most timely research effort identifies the important issues that businesses, social services and community agencies need to consider in developing appropriate public policy issues that should be addressed. I urge you to use the knowledge included in this monograph to help create a Missouri that values each person and affords the equality of opportunity and individual rights that each person deserves. This is the right thing to do.

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  A Century of Juvenile Justice

  David S. Tanenhaus, Margaret K. Rosenheim, Franklin E. Zimring, and Bernardine Dohrn

  Since its inception in Illinois in 1899, the juvenile court has become a remarkable legal and social institution all over the developed world, one that plays a singular role in modern government. At its founding, the juvenile court was intended to reverse longstanding legal traditions, and place the child's interests first in areas of law ranging from dependency to delinquency. Yet in recent years legal responses to youths' offences have undergone striking changes, as more juveniles are being transferred to adult courts and serving adult sentences.

  A Century of Juvenile Justice is the first standard, comprehensive and comparative reference work to span the history and current state of juvenile justice. An extraordinary assemblage of leading authorities have produced a accessible, illustrated document, designed as a reference for everyone from probation personnel and police to students, educators, lawyers, and social workers.

  Editors' introductions place into context each of the book's five sections, which consider the history of the ideas around which the system was organized and the institutions and practices that resulted; the ways in which this set of institutions and practices interacts with other aspects of government policy toward children in the U.S. and in other nations; and also the ways in which changing social and legal meanings of childhood and youth have continued to influence juvenile justice. The doctrine and institutions of juvenile justice in Europe, Japan, England, and Scotland are profiled in depth to show the range of modern responses to youth crime and child endangerment. This comparative material provides a fresh basis for judging the direction of policy in the U.S.

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  The International Legal System: Cases and Materials

  Christopher L. Blakesley

  In this comprehensive examination of international law, you'll find in-depth, substantive discussion supported by expert analysis and commentary, case citations, statutes, and court rules. You'll also reap the benefits of the authors' experience and insights. Representative topics include human rights, law of the sea, airspace and outer space, and sovereign immunity.

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  The Catholic Church, Morality and Politics

  Leslie C. Griffin

  A collection of articles that looks at the interconnected relationships involving religion, morality and public policy, from a variety of opinions and voices.

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  Matters of Life and Death : Making Moral Theory Work in Medical Ethics and the Law

  David Orentlicher

  Philosophical debates over the fundamental principles that should guide life-and-death medical decisions usually occur at a considerable remove from the tough, real-world choices made in hospital rooms, courthouses, and legislatures. David Orentlicher seeks to change that, drawing on his extensive experience in both medicine and law to address the translation of moral principle into practice--a move that itself generates important moral concerns.

  Orentlicher uses controversial life-and-death issues as case studies for evaluating three models for translating principle into practice. Physician-assisted suicide illustrates the application of ''generally valid rules,'' a model that provides predictability and simplicity and, more importantly, avoids the personal biases that influence case-by-case judgments. The author then takes up the debate over forcing pregnant women to accept treatments to save their fetuses. He uses this issue to weigh the ''avoidance of perverse incentives,'' an approach to translation that follows principles hesitantly for fear of generating unintended results. And third, Orentlicher considers the denial of life-sustaining treatment on grounds of medical futility in his evaluation of the ''tragic choices'' model, which hides difficult life-and-death choices in order to prevent paralyzing social conflict.

  Matters of Life and Death is a rich and stimulating contribution to bioethics and law. It is the first book to examine closely the broad problems of translating principle into practice. And by analyzing specific controversies along the way, it develops original insights likely to provoke both moral philosophers and those working on thorny issues of life and death.

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  Nevada Civil Practice Manual

  Jeffrey W. Stempel

  From researching Nevada law, filing, and litigation a civil action, to trials and enforcements of judgments, Nevada Civil Practice guides you through virtually every civil procedure and practice with expert analysis and in-depth discussion, including lien law, probate and extraordinary writs. Locate comprehensive discussion of the Nevada Rules of Civil Procedure as well as many statutory provisions relating to civil cases. Citations include Nevada cases construing the rules in order to illustrate practical application of various rules, while local variations and rules, including motion practice, are also explained.

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  Inherent Rights, the Written Constitution, and Popular Sovereignty: The Founders' Understanding

  Thomas B. McAffee

  In recent decades the Ninth Amendment, a provision designed to clarify that the federal government was to be one of enumerated and limited powers, has been turned into an unenumerated rights clause that effectively grants unlimited power to the judiciary. Was this the intent of the framers of the Constitution? McAffee argues that the founders had a rather different set of priorities than ours, and that the goal of enforcing fundamental human rights was not why they drafted any of the first ten amendments. They did not intend to grant to the courts the power to generate fundamental rights, whether by reference to custom or history, reason or natural law, or societal values or consensus.

  It has become increasingly popular to identify our constitutional order as an experiment in the protection of fundamental human rights and to forget that it is also an experiment in self-government. As fundamental as the founding generation believed basic rights to be, they saw popular authority to make decisions about government as being even more central to the project in which they were engaged. They supported natural law and rights, but they felt strongly that those rights did not bind the people or their government unless they were inserted in the written Constitution. They did not contemplate that there would be unwritten limitations on the powers granted to government.

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  Law of Insurance Contract Disputes, Second Edition

  Jeffrey W. Stempel

  Addressing critical real world issues for insurance lawyers, litigators, and practitioners, Law of Insurance Contract Disputes is your up-to-the-minute guide to practice in this burgeoning field. Nationally-known insurance law expert Jeffrey Stempel focuses on policy language

  -- zeroing in on the finer points that can make or break your case

  -- and provides detailed guidance to help you handle such specific problem areas as: Defining "total loss" to determine policy limits

  -- Applicability of valued policy laws to dwellings other than traditional single family homes

  -- Employment disputes, with particular reference to the intentional act exclusion

  -- Negligent delivery of professional services

  -- Professionals acting in nonprofessional capacities

  -- Regulatory estoppel and its effect on the "sudden and accidental" pollution exclusion

  -- Allocation of coverage

  -- Trigger of coverage D&O special apportionment issues

  -- Coverage for environmental claims

  -- Bad faith litigation

  -- The duty to settle and defend

  -- Fraud and excess insurance availability.

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  Health Care Crisis? The Search for Answers

  David Orentlicher

  This volume is a collection of papers which were presented March 31-April 1, 1995 at a conference hosted by the Continuing Medical Education Office of the University of Florida, in Washington, D.C. The topic of the conference was health care reform.

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  Employment Discrimination Law: Cases and Materials

  Elaine W. Shoben

  Areas of new or expanded coverage include the scope and effect of the Civil Rights Act of 1991; coverage of disability discrimination, including the Americans with Disabilities Act; significant developments in harassment, English-only rules, and sexual orientation discrimination; the scope and effect of the Older Workers Benefit Protection Act; and remedial and procedural changes brought about by the greater availability of compensatory damages and juries. Closely examines the major Supreme Court cases handed down since publication of the previous edition.

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  Interpretation of Insurance Contracts

  Jeffrey W. Stempel

  This book is devoted to the interpretative questions surrounding insurance policies. These questions are usually presented most starkly in coverage litigation between the insurer and the policyholder. In order to describe this rich and complex field, this book also attempts to provide background to the reader concerning the nature of insurance, the business of insurance, and the regulatory environment. In the main, however, the focus of the book is insurance contract doctrine, particular contractual questions affecting insurance, and current or vexing problems regarding the interpretation of insurance policies.

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  Foundations of the Law

  Jeffrey W. Stempel and Bailey Kuklin

  This book provides to those studying law a roadmap or blueprint of its foundations in order to facilitate understanding of what has been built upon them. This book includes the underlying moral or ethical theory undergirding the legal system, including notions of justice and goodness. It also provides an introduction, summary, and assessment of the economic analysis of law and a primer political theory, showing how implicit political beliefs and theories of governance have shaped our views of law and legal institutions. Additionally, there is a description of American political structures, a focus on dispute resolution theory, and a summary of modern legal history and the evolution of legal education.

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  Terrorism, Drugs, International Law and the Protection of Human Liberty

  Christopher L. Blakesley

  Linking related concerns that are often treated in disparate areas of international law and practice, this book reveals the interconnectedness in today’s world of drug trafficking and political violence. Suggesting a new approach to our political and moral values and the laws in which they are reflected, it offers a coherent legal definition of and reaction to terrorism based on a conceptual model derived from substantive criminal law, the law of war, and public international law.

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  Readings in International Economic Relations

  Joseph A. McKinney and Keith A. Rowley

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  Contemporary Family Law: Principles, Policy, and Practice

  Christopher L. Blakesley