Faculty Books
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Texas Civil Procedure: Trial and Appellate Practice (2018-2019)
William V. Dorsaneo III, Elizabeth G. Thornburg, Elaine Grafton Carlston, and David Crump
This book introduces students to trial preparation, motion practice, jury selection, the trial process, preparation of the jury charge, jury argument, jury deliberations, verdict, instructed verdicts, judgments, and post-trial motions. The text also devotes a chapter to the special problems of non-jury trials.
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The Federalization of Corporate Governance
Marc I. Steinberg
"This book focuses on the federalization of corporate governance in the United States from both historical and contemporary perspectives. Although the states traditionally have regulated the sphere of corporate governance - encompassing the relations among and between the subject corporation, its directors, its officers, its stockholders, and other stakeholders - federal law today impacts the governance of publicly-traded companies to a greater degree than ever before in U.S. history. This book discusses the evolution and development of corporate governance from a federal law perspective from the commencement of the twentieth century to the present. It examines the tension between state company law and federal law, analyzes the federal historical developments, explains the ramifications of the federal legislation enacted during the past two decades, and recommends corrective measures that should be implemented. The book accordingly provides an original, historical, and contemporary analysis of the federalization of corporate governance - a subject that impacts this country's economic well-being in a very fundamental way."
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The Regulation of Toxic Substances and Hazardous Wastes, Cases and Materials (3rd Edition)
John Applegate, Jan G. Laitos, Jeffrey M. Gaba, and Noah M. Sachs
This casebook provides a thorough and current introduction to the content and concepts behind toxic substances and hazardous waste law, focusing on major statutes and including key scientific, policy, and economic context. Detailed consideration of the Federal Insecticide, Fungicide, and Rodenticide Act; the Toxic Substances Control Act (as recently amended); the Resource Conservation and Recovery Act; and Comprehensive Environmental Response, Compensation and Recovery Act is included. In addition, toxic torts and alternative approaches to toxics regulation are described and analyzed.
This casebook focuses on the unique environmental effects of, and the consequent problems of regulating, toxic substances and hazardous wastes. It is suitable for use both in first courses in environmental law (in law schools where the introductory course covers two semesters, for example) and in advanced courses in toxic torts, chemical and pesticides regulation, hazardous waste law and policy, or risk regulation. The casebook provides foundational material on risk assessment, cost-benefit analysis, and other regulatory tools. It then covers in detail the numerous judge-made, statutory, and administrative regimes that regulate the life cycle of toxic substances: production, use, discharge, disposal, environmental remediation, and compensation.
Throughout, the casebook emphasizes scientific, policy, scholarly, and topical materials, in addition to the traditional cases, statutes, and regulations. Problems in every chapter help to develop issues raised in the text. -
Understanding Securities Law (7th Edition)
Marc I. Steinberg
The seventh edition of Understanding Securities Law provides comprehensive coverage of the federal securities laws, including legislative, judicial, and SEC pronouncements. Additions to the new edition include the 2015 congressional legislation (the FAST Act), SEC rule-making with respect to capital raising, and important U.S. Supreme Court decisions.
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American Law: An Introduction (3rd Edition)
Lawrence M. Friedman and Grant M. Hayden
"This book provides an introduction to the American legal system for a broad readership. Its focus is on law in practice, on the role of the law in American society; and how the social context affects the living law of the United States. It covers the institutions of law creation and application, law in American government, American legal culture and the legal profession, American criminal and civil justice, and civil rights. Clearly written, the book has been widely used in both undergraduate and graduate courses as an introduction to the legal system; it will be useful, too, to a general audience interested in understanding how this vital social system works. This new edition follows the same basic structure as applied in the previous editions providing a thorough revision and reworking of the text. This edition reflects upon what has happened in the years since the second edition was published in 1998, and how these events and evolutions have shaped our fundamental comprehension of the workings of the American legal system today."
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Securities Regulation (7th Edition)
Marc I. Steinberg
"This text covers the key issues in both the basic course and seminars in a comprehensive and student-friendly manner. The text's coverage focuses on such important topics as securities registration, exemptions from registration, resales of securities, securities litigation, the securities attorney as the transactional lawyer, and government enforcement. The materials are presented in a clear manner for students, with the use of the Problem method when appropriate to enhance student learning skills."
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Business Enterprises—Legal Structures, Governance, and Policy Cases, Materials, and Problems (3rd Edition)
Douglas Branson, Joan MacLeod Heminway, Mark J. Loewenstein, Marc I. Steinberg, and Manning G. Warren III
Business Enterprises: Legal Structure, Governance and Policy, Cases, Materials, and Problems contains material sufficient to educate an emerging lawyer to function in general business law practice in a transactional or advocacy-oriented setting. It provides comprehensive coverage of state and federal law and policy governing the legal structures through which business is conducted in the United States, principally including unincorporated and incorporated business entities, and covers foundational issues relating to agency and entity formation, corporate finance, internal governance, and legal liability to third parties.
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Gaba's Black Letter Outline on Environmental Law
Jeffrey M. Gaba
This Outline summarizes the basic black letter rules of Environmental Law in a way that allows students to appreciate how different parts of their course material fit together. Ideal for class preparation or as a review before exams. The Outline covers approaches to environmental regulations, constitutional issues in Environmental Law, the National Environmental Policy Act, Clean Water Act, Clean Air Act, Resource Conservation and Recovery Act, Comprehensive Environmental Response Compensation and Liability Act and other toxic substances statutes. The Outline also discusses the complex intersection of law, sciences such as biology, geology, and engineering, and important economic, ethical, and social issues. It also includes a glossary of environmental terms and practice exam questions.
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Lawyering and Ethics for the Business Attorney (4th Edition)
Marc I. Steinberg
Legal counsel for both privately and publicly-held enterprises are at the forefront of law compliance and adherence to ethical norms. With the continual presence of government as well as private litigation against business enterprises and their attorneys, preventative lawyering consistent with ethical standards remains a key objective that should be prioritized in the law school curriculum. This coursebook, consisting of twelve separate scenarios, uses the problem method in combination with case law and subject matter analysis to make a meaningful contribution to the law school curriculum. Scenarios include dilemmas focusing on client identification, attorney conflicts of interest, counseling the small business enterprise, client fraud, the business attorney as litigator, and the role of inside counsel. Less than 300 pages, the text comfortably fits as a supplement for the business associations and professional responsibility courses. The author, one of this country's most prolific scholars, also has extensive practical experience, including being retained as an expert witness in several high profile cases, including Enron, Mark Cuban, and Martha Stewart.
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Nine to Five: How Gender, Sex, and Sexuality Continue to Define the American Workplace
Joanna L. Grossman
Nine to Five provides a lively and accessible introduction to the laws and policies regulating sex, sexuality, and gender identity in the American workplace. Contemporary cases and events reveal the breadth and persistence of sexism and gender stereotyping. Through a series of essays organized around sex discrimination, sexual harassment, pregnancy discrimination, and pay equity, the book highlights legal rules and doctrines that privilege men over women and masculinity over femininity. In understanding the law - what it forbids, what it allows, and to what it turns a blind eye - we see why it is far too soon to declare the triumph of working women's equality. Despite significant gains for women, gender continues to define the work experience in both predictable and surprising ways. A witty and engaging guide to the legal terrain, Nine to Five also proposes solutions to the many obstacles that remain on the path to equality.
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Securities Litigation: Law, Policy, and Practice
Marc I. Steinberg, Wendy G. Couture, Michael J. Kaufman, and Daniel J. Morrissey
Securities Litigation provides an analytical and practical framework addressing the key subjects in the field. In this text, U.S. Supreme Court and lower court cases that cover the key remedial provisions are highlighted, including Sections 11 and 12 of the Securities Act and Section 10(b) of the Securities Exchange Act, as well as alternative federal remedial statutes (such as Sections 14(a) and 18(a) of the 1934 Act) and secondary liability provisions. Integral to this discussion is a thorough treatment of class and derivative actions, with applicable cases and statutes. Government enforcement is also analyzed, with particular focus being given to the SEC and criminal enforcement. In addition, state securities litigation is covered in depth along with professional liability exposure. The text provides a practical and insightful learning experience, complemented by problems and exercises that will enhance students' lawyering skills.
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Family Law in New York
Barbara Stark and Joanna L. Grossman
Family Law is basically state law. While federal law mandates child support guidelines, state law sets them. While federal law prohibits parental kidnapping, state law determines what constitutes ‘kidnapping,’ and what distinguishes it from ‘rescue.’ From the prerequisites for entering into marriage through the grounds for divorce and the ‘equitable’ distribution of marital property, state law governs and state law varies, often widely. This book provides a cogent but comprehensive introduction to family law, for students as well as practitioners, as it is practiced in New York.
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Inside Counsel, Practices, Strategies, and Insights
Marc I. Steinberg and Stephen B. Yeager
Inside Counsel – Practices, Strategies, and Insights by Marc I. Steinberg and Stephen B. Yeager – the first book of its kind – provides a wide-ranging account of in-house law practice. The book serves as a valuable resource for many audiences – law students, in-house counsel, those who are contemplating going in-house, and even outside lawyers. Relying on their collective decades of practical and academic experience, the authors offer key insights into such important topics as successful strategies that in-house counsel can implement, interfacing with “internal clients,” working with outside counsel, the focus on “preventative” law, the skill sets that are valued by corporate counsel, and the steps that an outside lawyer or recent graduate can take to obtain an in-house position.
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Questions & Answers: Civil Procedure (4th Edition)
William V. Dorsaneo III and Elizabeth G. Thornburg
This study guide uses over 300 multiple-choice and short-answer questions to test your students' knowledge of the nature and operation of the rules that govern procedure in the federal courts in the United States. Each multiple-choice question is accompanied by a detailed answer that indicates which of four options is the best answer and explains why that option is better than the other three options. Each short-answer question (designed to be answered in no more than fifteen minutes) is followed by a thoughtful, yet brief, model answer. Q & A: Civil Procedure also includes a comprehensive topical index.
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Do Great Cases Make Bad Law?
Lackland H. Bloom Jr.
"Great cases like hard cases make bad law" declared Justice Oliver Wendell Holmes, Jr. in his dissenting opinion in the Northern Securities antitrust case of 1904. His maxim argues that those cases which ascend to the Supreme Court of the United States by virtue of their national importance, interest, or other extreme circumstance, make for poor bases upon which to construct a general law. Frequently, such cases catch the public's attention because they raise important legal issues, and they become landmark decisions from a doctrinal standpoint. Yet from a practical perspective, great cases could create laws poorly suited for far less publicly tantalizing but far more common situations."
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Mrs. Shipley’s Ghost: The Right to Travel and Terrorist Watchlists
Jeffrey D. Kahn
Today, when a single person can turn an airplane into a guided missile, no one objects to rigorous security before flying. But can the state simply declare some people too dangerous to travel, ever and anywhere? Does the Constitution protect a fundamental right to travel? Should the mode of travel (car, plane, or boat) or itinerary (domestic or international) make a constitutional difference? This book explores the legal and policy questions raised by government travel restrictions, from passports and rubber stamps to computerized terrorist watchlists.
In tracing the history and scope of U.S. travel regulations, Jeffrey Kahn begins with the fascinating story of Mrs. Ruth Shipley, a federal employee who almost single-handedly controlled access to passports during the Cold War. Kahn questions how far national security policies should go and whether the government should be able to declare some individuals simply too dangerous to travel. An expert on constitutional law, Kahn argues that U.S. citizens’ freedom to leave the country and return is a fundamental right, protected by the Constitution.
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Cases and Materials on Civil Procedure (6th Edition)
David Crump, William V. Dorsaneo III, Rex R. Perschbacher, and Debra Lyn Bassett
The Sixth Edition includes new landmark cases and reflects recent changes in procedural rules and practice. While essentially a traditional casebook organized along the lines of the events in a lawsuit, this edition of Cases and Materials on Civil Procedure retains the unique features that have made prior editions a success.
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Developments in Business Law and Policy
Marc I. Steinberg
Developments in Business Law and Policy focuses on fundamental principles of law, adding information on practical and theoretical perspectives and policy to the subject.
The book begins with a discussion of agency law, which is a bedrock subject for students in business law courses. The topic is made fresh and interesting through exploration of current, topical developments such as those pertaining to the Disney case in Delaware. This is followed by two subsequent foundational chapters discussing the choice of enterprise forms and shareholder agreements. Whether or not a student intends to become an entrepreneur, these subjects are critical to knowing the ins and outs of entering into a business.
The material in Developments in Business Law and Policy is organized in a provocative manner that brings real world examples to the classroom. Later chapters address important and timely subjects including corporate governance, veil piercing, director and officer duties, mergers and acquisitions, and insider trading. The book concludes with a policy analysis of where regulation failed in the Madoff financial scandal. Each chapter focuses on a scenario that highlights the practical and policy issues covered in the chapter. The inclusion of recent high-profile cases and issues makes the book interesting and appealing to both students and professors.
Developments in Business Law and Policy is written primarily for undergraduate business law courses and MBA courses on the subject. It is also an excellent supplementary text for use in law schools. -
Questions & Answers: Civil Procedure (3rd Edition)
William V. Dorsaneo III and Elizabeth G. Thornburg
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Inside the Castle: Law and the Family in 20th Century America
Joanna L. Grossman and Lawrence M. Friedman
Inside the Castle is a comprehensive social history of twentieth-century family law in the United States. Joanna Grossman and Lawrence Friedman show how vast, oceanic changes in society have reshaped and reconstituted the American family. Women and children have gained rights and powers, and novel forms of family life have emerged. The family has more or less dissolved into a collection of independent individuals with their own wants, desires, and goals. Modern family law, as always, reflects the brute social and cultural facts of family life.
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Insider Trading
Marc I. Steinberg and William KS Wang
Insider Trading by William Wang & Marc Steinberg: Congress, the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) have heightened their scrutiny of the trading of stock in the aftermath of recent corporate misconduct scandals. This third edition is fully updated and serves as the go-to treatise for securities practitioners, in-house counsel, and any attorney looking for clear and comprehensive information on insider trading liability.
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Property Law: Cases, Materials, and Questions (Second Edition)
Edward E. Chase and Julia Patterson Forrester Rogers
"The materials in this book are highly accessible to students, presented in a straightforward but intellectually rigorous manner. There are a large number of contemporary cases, although the classics have been retained. The Questions following the cases (which number more than in most Property books) provide a guide for instructors on teaching each case, while still allowing sophisticated discussions of doctrine and policy."
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Gender Equality Dimensions of Women's Equal Citizenship
Joanna L. Grossman and Linda C. McClain
Citizenship is the common language for expressing aspirations to democratic and egalitarian ideals of inclusion, participation, and civic membership. However, there continues to be a significant gap between formal commitments to gender equality and equal citizenship – in the laws and constitutions of many countries, as well as in international human rights documents – and the reality of women’s lives. This volume presents a collection of original works that examine this persisting inequality through the lens of citizenship. Distinguished scholars in law, political science, and women’s studies investigate the many dimensions of women’s equal citizenship, including constitutional citizenship, democratic citizenship, social citizenship, sexual and reproductive citizenship, and global citizenship. Gender Equality takes stock of the progress toward – and remaining impediments to – securing equal citizenship for women, develops strategies for pursuing that goal, and identifies new questions that will shape further inquiries.
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Methods of Interpretation: How the Supreme Court Reads the Constitution
Lackland H. Bloom Jr.
Methods of Interpretation: How the Supreme Court Reads the Constitution examines the various methodologies the Supreme Court, and individual justices, have employed throughout history when interpreting the Constitution. Rather than attempting to set forth an overall theory of constitutional interpretation or plunge into the never ending scholarly debate over interpretative theory, Lackland H. Bloom focuses exclusively on what the Court and individual justices have done and said about constitutional interpretation in the course of deciding constitutional cases. He identifies many of the best, and a few of the worst, examples of particular interpretative methodologies, as well as the best examples of explicit discussions of constitutional interpretation by the Court and individual justices. Professor Bloom pays particular focus on the Supreme Court's approaches to constitutional interpretation since it is the Court that sets the standards. Although commentators may have the final word on what constitutional interpretation should be, he argues that the Court essentially has the final word on what it actually is.
