Faculty Books

This collection showcases books and book chapters authored by the faculty of the SMU Dedman School of Law.

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Lawyering and Ethics for the Business Attorney (5th 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, attorneys’ conflicts of interest, counseling the small business enterprise, client fraud, the business attorney as litigator, the attorney litigation privilege, and the role of inside counsel. Approximately 300 pages, the text comfortably serves as the main text for the specialized corporate “lawyering” course as well as a focused practical resource 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, the national prescription opioid litigation, Mark Cuban, and Martha Stewart.
Securities Regulation: Liabilities and Remedies

Marc I. Steinberg

Securities Regulation: Liabilities and Remedies provides you with the guidance you need to protect your clients' confidential information while facing disclosure and liability concerns under the securities laws. This comprehensive volume helps you deal successfully with such matters as: disclosure of self-dealing; protecting confidential information; insider trading; “soft information”; bad financial news; merger negotiations; a company's duty to update information; public and private offerings; the “fraud on the market” theory of reliance; shareholder remedies, including derivative suits; secondary liability; SEC enforcement; RICO; tender offer developments in the legislatures and the courts; going-private transactions; and more.

Throughout the book, you'll find analysis of the latest SEC regulations and releases, court decisions and federal and state legislation, including the Private Securities Litigation Reform Act and the Sarbanes-Oxley Act.
Criminal Procedures: The Police: Cases, Statutes, and Executive Materials (6th edition)

Marc L. Miller, Ronald F. Wright, Jenia I. Turner, and Kay L. Levine

Criminal Procedures: The Police: Cases, Statutes, and Executive Materials, Sixth Edition, is a comprehensive treatment of criminal procedure that depicts the enormous variety within criminal justice systems by examining the procedures and policies of both federal and state systems and looking at sources of law and doctrine from multiple institutions. This “real-world” text offers students and instructors a deliberate focus on the realities of the high-volume circumstances that surround criminal procedure. An updated selection of cases and statutes as well as expanded coverage of important areas ensures the currency and timeliness of the Sixth Edition of this highly regarded casebook.
Securities & Exchange Commission v. Mark Cuban: A Trial of Insider Trading

Marc I. Steinberg

This experiential book focuses on the Securities and Exchange Commission's (SEC) enforcement action charging Mr. Mark Cuban with illegal insider trading. Mr. Cuban is a well-respected entrepreneur, businessman, and investor whose ownership interests include the National Basketball Association's (NBA) Dallas Mavericks. Mr. Cuban also is one of the principal investors on the reality television program Shark Tank. His net worth is valued in the billions of dollars. The author (Marc I. Steinberg) was retained as an expert witness in this case on Mr. Cuban's behalf. Professor Steinberg therefore had the opportunity to experience this litigation from the playing field rather than as a spectator. These insights enhance the book's substance and vitality. In captivating fashion, the book presents key documents, testimony, and insights from the start of the SEC's investigation of Mr. Cuban's trading of Mamma.com stock through the end of the trial, which ended with the jury exonerating him. This five-year saga came at a high cost to the government and Mr. Cuban. In his successful defense, Mr. Cuban reportedly spent $12 million in legal fees in defeating the government's charge that he was a fraudster. For the SEC, after years of vigorous pursuit with less than a formidable case, it incurred a significant defeat. In the end, when Mr. Cuban emerged victorious and the government packed its bags, questions were raised as to strategic decisions made, the high costs of defending one's good name, the limits of government prosecutorial discretion, and the breadth of our insider trading laws. This book focuses on this intriguing litigation, drawing the reader's attention as the story unfolds.
The Law of Armed Conflict: An Operational Approach (2d edition)

Geoffrey S. Corn, Victor Hansen, Richard Jackson, Chris Jenks, Eric Talbot Jensen, and James A. Schoettler

The Law of Armed Conflict: An Operational Approach covers all aspects of the law of armed conflict and explains the important difference between law and policy in regulation of military operations. Each author is a retired U.S. Army officer (more than 140 years of collective military operational experience) and a leading scholar in the field of international law and conflict regulation. To accomplish the authors’ objective, the book uses an operational scenario to provide the context necessary to develop a genuine understanding of the law.

Based on Operation Iraqi Freedom, the 2003 U.S. and Coalition attack on Iraq, the scenario links all chapters together, and places students in the role of military and civilian legal advisors responsible for providing commanders and other operational decision-makers with legally-based opinions to support their missions. The text focuses primarily on the U.S. interpretation of this area of law, but also includes discussion of important areas of legal divergence between U.S. and major Coalition partners, as well as the perspectives drawn from the academic and non-governmental humanitarian communities, in order to expose students to the challenges these divergences can create for decision-makers and their legal advisors.
The Oxford Handbook of Criminal Process

Darryl K. Brown, Jenia I. Turner, and Bettina Weisser

The Oxford Handbook of Criminal Process surveys the topics and issues in the field of criminal process, including the laws, institutions, and practices of the criminal justice administration. The process begins with arrests or with crime investigation such as searches for evidence. It continues through trial or some alternative form of adjudication such as plea bargaining that may lead to conviction and punishment, and it includes post-conviction events such as appeals and various procedures for addressing miscarriages of justice. Across more than 40 chapters, this Handbook provides a descriptive overview of the subject sufficient to serve as a durable reference source, and more importantly to offer contemporary critical or analytical perspectives on those subjects by leading scholars in the field. Topics covered include history, procedure, investigation, prosecution, evidence, adjudication, and appeal.
The Princeton Fugitive Slave: The Trials of James Collins Johnson

Lolita Buckner Inniss

"James Collins Johnson made his name by escaping slavery in Maryland and fleeing to Princeton, New Jersey, where he built a life in a bustling community of African Americans working at what is now Princeton University. After only four years, he was recognized by a student from Maryland, arrested, and subjected to a trial for extradition under the 1793 Fugitive Slave Act. On the eve of his rendition, after attempts to free Johnson by force had failed, a local aristocratic white woman purchased Johnson’s freedom, allowing him to avoid re-enslavement. The Princeton Fugitive Slave reconstructs James Collins Johnson’s life, from birth and enslaved life in Maryland to his daring escape, sensational trial for re-enslavement, and last-minute change of fortune, and through to the end of his life in Princeton, where he remained a figure of local fascination.

Stories of Johnson’s life in Princeton often describe him as a contented, jovial soul, beloved on campus and memorialized on his gravestone as “The Students Friend.” But these familiar accounts come from student writings and sentimental recollections in alumni reports—stories from elite, predominantly white, often southern sources whose relationships with Johnson were hopelessly distorted by differences in race and social standing. In interrogating these stories against archival records, newspaper accounts, courtroom narratives, photographs, and family histories, author Lolita Buckner Inniss builds a picture of Johnson on his own terms, piecing together the sparse evidence and disaggregating him from the other black vendors with whom he was sometimes confused.

By telling Johnson’s story and examining the relationship between antebellum Princeton’s black residents and the economic engine that supported their community, the book questions the distinction between employment and servitude that shrinks and threatens to disappear when an individual’s freedom is circumscribed by immobility, lack of opportunity, and contingency on local interpretations of a hotly contested body of law."
Attorney Liability After Sarbanes-Oxley

Marc I. Steinberg

Attorney Liability After Sarbanes-Oxley is a much-needed reference for in-house and outside counsel seeking to provide effective representation without violating legal or ethical obligations. What should an attorney do when fraud is afoot? When should an attorney stop representing a corporate client—and what are the rules regarding a “noisy withdrawal”?

This important book explains the perils for lawyers in the wake of the Sarbanes-Oxley Act of 2002 and provides expert advice on the steps that can be taken to minimize them. Coverage includes: practical measures to prevent liability; “up-the-ladder” reporting; client identification; primary and secondary liability; conflicts of interest; and whistleblower complaints.

It also provides guidance on in-house counsel's role within the boardroom, when to write letters to clients and memos to the file, and other steps that can avert disaster. For lawyers committed to working vigorously for a client while avoiding potential liability, Attorney Liability After Sarbanes-Oxley is an essential addition to your library.
Tax Policy in a Nutshell

Christopher H. Hanna

Taxes impact every individual and business in the United States and around the world. Countries are constantly changing, modifying, and occasionally reforming their tax systems. Understanding tax policy and implementing changes in the tax law that are consistent with sound tax policy is critically important. This compact guide explains essential concepts in tax policy, including theories of taxation and their implementation, criteria in evaluating a tax system, tax bases, the Haig-Simons definition of income, Samuelson depreciation, the Cary Brown Theorem, capital gains and losses, tax expenditures, the distribution of the tax burden, and issues in corporate and international taxation. The book discusses the tax policy considerations of the current state of the law, including the 2017 Tax Cuts and Jobs Act, the most comprehensive U.S. tax system reform in over thirty years.
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.
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."
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.
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."
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."
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.
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.
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.
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.
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.
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.
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.
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.
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."
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.