Criminal Procedures: Prosecution and Adjudication: Cases, Statutes, and Executive Materials (7th edition)
Marc L. Miller, Ronald F. Wright, Jenia I. Turner, and Kay L. Levine
"In Criminal Procedures: Prosecution and Adjudication: Cases, Statutes, and Executive Materials, the highly respected author team presents a student-friendly, comprehensive survey of the laws and practices at work between the time a person is charged and the moment when the courts hear an appeal after the offender’s conviction and sentence. In the Sixth Edition, the authors retain the vitality and contemporary approach of the book with an updated selection of cases, statutes, and office policies. Covering in detail the “bail-to-jail” portions of the criminal process, this casebook features extensive use of documents from multiple institutions including U.S. Supreme Court cases, state high court cases, state and federal statutes, rules of procedure, and prosecutorial policies; a real-world perspective that focuses on high-volume issues of current importance to defendants, lawyers, courts, legislators, and the public; interdisciplinary examination of the impact that different procedures have on the enforcers, lawyers, courts, communities, defendants, and victims; points of comparison between U.S. practices and the systems at work in other countries; and frequent use of Problems to give the instructor options for applying concepts and doctrines in realistic practice settings."
Marc L. Miller, Ronald F. Wright, Jenia I. Turner, and Kay L. Levine
"Criminal Procedures: The Police: Cases, Statutes, and Executive Materials, Seventh 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. The currency and timeliness of the Seventh Edition of this highly regarded casebook are ensured by an updated selection of cases and statutes as well as expanded coverage of important areas. This time- and classroom-tested casebook: Surveys the constitutional, statutory, and administrative doctrines and practices that shape how the police interact with citizens and investigate crimes; examines the procedures and policies of both federal and state systems, as well as the assumptions and judgments underlying each, and how these systems interrelate and sometimes compete with one another; looks at sources of law and doctrine from multiple institutions, including U.S. Supreme Court cases, state high court cases, statutes, rules of procedure, and police and prosecutorial policies; explores the influence of politics within various institutions of law enforcement and the role of public pressure on policing and procedure with regard to terrorism, drug trafficking, domestic abuse, and the treatment of crime victims; compares U.S. practices with the criminal investigations that happen in other countries; investigates the impact of criminal procedures on law enforcers, lawyers, courts, communities, defendants, and victims through the use of interdisciplinary materials."
Katharine T. Bartlett, Deborah L. Rhode, Joanna L. Grossman, Deborah L. Brake, and Frank Rudy Cooper
"Gender and Law: Theory, Doctrine, Commentary, Ninth Edition is organized around theoretical frameworks, showing different conceptualizations of equality and justice and their impact on concrete legal problems. The text provides complete, up-to-date coverage of conventional “women and the law” issues, including employment law and affirmative action, reproductive rights, LGBTQ issues, domestic violence, rape, pornography, international women’s rights, and global trafficking. Showing the complex ways in which gender permeates the law, the text also explores the gender aspects of subject matters less commonly associated with gender, such as property, ethics, contracts, sports, and civil procedure. Throughout, the materials allow an emphasis on alternative approaches and how these approaches make a difference. Excerpted legal cases, statutes, and law review articles form an ongoing dialogue within the book to stimulate thought and discussion, and almost 250 provocative “putting theory into practice” problems challenge students to think deeply about current gender law issues."
Katharine T. Bartlett, Deborah L. Rhode, Joanna L. Grossman, Deborah L. Brake, and Frank Rudy Cooper
Gender Law and Policy, Fourth Edition, provides the theoretical frameworks, legal cases, and policy background necessary for analyzing a broad range of gender issues in the law. It is an ideal text for undergraduate courses in Women’s Studies, Political Science, and other fields focusing on gender law and policy, including Women and the Law and Gender Law and Policy. This text features lucid introductions in each chapter that illuminate the issues significant to each topic, alternative theoretical perspectives that facilitate open-minded problem-solving, and incisive commentary by leading scholars and policymakers. Timely coverage of foundational and cutting-edge issues includes constitutional law, employment law, Title IX and education (including sports), family law, sexual harassment, sexual violence, pornography, prostitution, global trafficking, LGBT issues, and women’s sexual and reproductive health.
Edward E. Chase Jr., Julie Patterson Forrester Rogers, and W. Keith Robinson
"The materials in this book are presented in a straightforward manner that is highly accessible to property law students. The new edition includes more textual material in the introductions to the cases, giving a preview to the material in each section. Also new are text boxes that provide emphasis to important concepts throughout the book. The text includes a large number of contemporary cases, although the classics have been retained. Finally, the questions following the cases provide a guide for instructors on teaching each case, while still allowing sophisticated discussions of doctrine and policy. The material included makes it suitable for property courses with as little as three semester hours or as many as six."
Marc I. Steinberg
"The eighth 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 SEC's amendments to the limited offering rules, significant appellate and Supreme Court decisions, and SEC actions in both the litigation and transaction settings.
Like earlier editions, the eighth edition follows a logical sequence of analysis of the securities laws. The text begins with the definition of security, followed by exemptions from Securities Act registration, and thereafter by the registration process. Following treatment of these subjects, the text focuses on due diligence, issuer affirmative disclosure obligations, securities litigation, insider trading, mergers and acquisitions, and the role of the securities attorney. Understanding Securities Law clearly, thoroughly, and concisely addresses the subjects covered in basic Securities Regulation courses, including:
- The definition of securities;
- exemptions from registration;
- the registration framework and process;
- Sarbanes-Oxley Act;
- Dodd-Frank Act
- SEC Securities Act Offering Rules;
- Resales and reorganizations;
- Due diligence;
- Liabilities and remedies;
- Affirmative disclosure duties;
- Insider trading;
- SEC enforcement; and
- Professional responsibility.
The author also includes a glossary of key terms, statutes, rules, regulations; forms and schedules; and comparative charts synopsizing previously discussed materials. The text covers the regulation of public and privately held companies under the Securities Acts, SEC fraud, concepts of disclosure, civil liabilities under the securities laws, and state Blue Sky laws. It also discusses the Sarbanes-Oxley legislation, SEC public offering rules, SEC regulations on the resale of securities, and recent federal Supreme Court and appellate court decisions.
This widely-adopted reference text continues to be embraced as a "go-to" source for both law students and practicing attorneys. The book has been ranked as high as #1 of all securities law books on Amazon."
Lloyd Bonfield, Joanna L. Grossman, and William P. LaPiana
"This casebook is designed to present in a comprehensive yet streamlined fashion the law of Wills, Trusts, and Future Interests to 21st"“century law students. It assists the student in developing an understanding of the core legal concepts critical to a grasp of wills, trusts and future interests in a novel format that is clear and easy to understand, while maintaining the intellectual rigor of the subject. The book covers the standard topics, but is organized in an innovative fashion. It begins with an estate planning problem which introduces the student to the craft of the practitioner, providing context for the introduction of substantive law. It then presents the law of wills law by reference to the law governing the testator, the document and the property. Attention is given to non-probate transfers, and in particular, the law of trusts, private and charitable. A simple will, model trust instrument and a pourover will is provided. These documents can be introduced in Chapter 2 "“ in a general discussion of estate planning "“ or can be used in Chapter 3 and Chapter 8 when the substantive discussion focuses on wills and then trusts. The book concludes with a comprehensive look at future interests and the rule against perpetuities. As with other books in the Interactive Casebook Series, it challenges students to think about issues raised by the cases as they are considered in the opinion through the use of text boxes. The accompanying electronic version allows students immediate access to the full text of cited cases, statutes, articles, and other relevant materials."
Christopher H. Hanna, Paul H. Young, and Mark P. Thomas
"Accounting for income taxes has become a critically important issue for both financial accounting and income taxation purposes in recent years. However, there is nothing new about the need to account for income taxes for purposes of presenting, or to opine upon, the financial accounts of corporations or other business entities. The process of accounting for tax matters has been a traditional aspect of the responsibilities of finance and taxation officers of business entities, particularly publicly traded corporations, for many years.
The nature of the process has long been familiar. In essence, there are a number of parties in this process: (i) business entities, (ii) tax administrations, (iii) financial accounting standards organizations, (iv) auditors of the business entities, and (v) tax strategists seeking to achieve overall tax/finance results for business entities. Each party has its own interests.
The purpose of this text is to discuss and explain the pertinent elements of the intersection of financial accounting and taxation. The goal is to: (i) articulate the reality of financial accounting and tax compliance in light of the new landscape entities face on such matters today; and (ii) set out a means by which entities can structure their tax planning and financial reporting in a manner to efficiently meet all applicable requirements. Key differentiators in the text are liberal use of numerical examples, excerpts from companies’ financial statements, and opinions on murky issues due to the complex and dynamic interdependence of financial accounting and income tax principles."
Peter Barton Hutt, Richard A. Merrill, Lewis A. Grossman, Nathan Cortez, Erika Fisher Lietzan, and Patricia J. Zettler
The book contains not only the most important court cases in the field, but also materials that show how food and drug law is developed and enforced outside of court, including: Federal Register notices, warning letters, guidance documents, Congressional hearings and investigations, scholarly research, media opinions, and many others. Additionally, the authors offer significant original content to guide the reader through the myriad complexities of the field. Likewise, the Fifth Edition includes carefully curated notes that illuminate the law in action.
The Fifth Edition, like previous editions, is an invaluable resource for practitioners. But the book has been reorganized and edited from top to bottom to make it more accessible than ever for students and professors. The Fifth Edition completely updates the Fourth Edition of 2014 through February 2022. It addresses all statutory developments since 2014, including, for example, the National Bioengineered Food Disclosure Standard Act of 2016, the 21st Century Cures Act of 2016, the FDA Reauthorization Action of 2017, the Right to Try Act of 2018, the Pediatric Drugs and Devices Act of 2017, and the Coronavirus Aid, Relief, and Economic Security Act of 2020.
Every major development of the past eight years is addressed, from the flood of new mobile and digital devices to the vital work of the FDA during the COVID-19 pandemic. The authors combine their knowledge of the rich histories in each product area with a deep understanding of the law and the agency to explain the current state of food and drug law and signal where it might be headed.
Joshua C. Tate
"How the medieval right to appoint a parson helped give birth to English common law
Appointing a parson to the local church following a vacancy—an “advowson”—was one of the most important rights in medieval England. The king, the monasteries, and local landowners all wanted to control advowsons because they meant political, social, and economic influence. The question of law turned on who had the superior legal claim to the vacancy—which was a type of property—at the time the position needed to be filled.
In tracing how these conflicts were resolved, Joshua C. Tate takes a sharply different view from that of historians who focus only on questions of land ownership, and he shows that the English needed new legal contours to address the questions of ownership and possession that arose from these disputes. Tate argues that the innovations made necessary by advowson law helped give birth to modern common law and common law courts."
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 contemporary law, including the 2017 Tax Cuts and Jobs Act, the most comprehensive U.S. tax system reform in over thirty years."
"Examines the outsized influence of jurors on prosecutorial discretion
Thanks to television and popular media, the jury is deeply embedded in the American public’s imagination of the legal system. For the country’s federal prosecutors, however, jurors have become an increasingly rare sight. Today, in fact, less than 2% of their cases will proceed to an actual jury trial. And yet, when federal prosecutors describe their jobs and what the profession means to them, the jury is a central theme.
Anna Offit’s The Imagined Juror examines the counterintuitive importance of jurors in federal prosecutors’ work at a moment when jury trials are statistically in decline. Drawing on extensive field research among federal prosecutors, the book represents “the first ethnographic study of US attorneys,” according to legal scholar Annelise Riles. It describes a world of legal practice in which jurors are frequently summoned—as make-believe audiences for proposed arguments, hypothetical evaluators of evidence, and invented decision-makers who would work together to reach a verdict. Even the question of moving forward with a prosecution often hinges on how federal prosecutors assume a jury will react to elements of the case—an exercise where the perspectives of the public are imagined and incorporated into every stage of trial preparation.
Based on these findings, Offit argues that the decreasing number of jury trials at the federal level has not eliminated the influence of the jury but altered it. As imaginary figures, jurors continue to play an important and understudied role in shaping the work and professional identities of federal prosecutors. At the same time, imaginary jurors are not real jurors, and prosecutors at times caricature the public by leaning on stereotypes or preconceived and simplistic ideas about how laypeople think. Imagined jurors, it turns out, are a critical, if flawed, resource for introducing lay perspective into the legal process. As Offit shows, recentering laypeople and achieving the democratic promise of our legal system will require renewed commitment to the jury trial and juries that reflect the diversity of the American public."
Lawrence M. Friedman and Joanna L. Grossman
Privacy, in human history, is a relatively recent concept. Nobody had much privacy in the Middle Ages. Even kings and queens lacked privacy: it was an age when crowds watched a queen give birth, and the king received visitors while on the chamber pot. Technology and concepts of privacy grew up together—as both friends and enemies. For example, the late 19th century invention of the candid camera made it possible, for the first time, to take someone’s picture without that person’s consent. This fact was in the background of the classic article by Warren and Brandeis that launched the right of privacy. Today, we have smart phones with cameras, selfies, the Internet, surveillance cameras, and tools that can look through walls, smell through walls, see through walls. Dangers to privacy have multiplied enormously, and we have only just begin figuring how to handle the change.
This book is timely as our basic understandings of privacy are challenged by modern technology, changing social mores, and evolving legal understandings that both reflect and reinforce underlying changes in society. It is likely to be of interest to graduate and undergraduate students, scholars, and potentially other professionals with an interest in law and social norms.
Jessica Dixon Weaver and Jamie R. Abrams
" Family Law Simulations offers versatile, in-depth simulations for an experiential learning, drafting, or lawyering skills course, and can also supplement a traditional family law course. Contemporary fact patterns present students with “bread and butter” lawyering tasks on behalf of a diverse set of clients. Students will interview clients, draft pleadings, conduct discovery, argue motions, negotiate, and mediate. The book further develops a sustained knowledge of the governing ethical rules and explores the interdisciplinary nature of family law and its intersections with other legal specializations. Family Law Simulations is also a uniquely specialized text that focuses on developing cultural competency for lawyers, cultivating a strong professional identity, and honing communication skills with clients. Several fact patterns continue throughout the book to allow students to experience the arc of a family law case. Students represent clients in different states, applying actual family statutes, supplemented by practice guidance materials and independent research. This multifaceted text meets the varied and complex needs of modern family law classrooms."
Charles Craver, Marion G. Crain, and Grant M. Hayden
This comprehensive casebook is designed for an intensive examination of the union-management relationship throughout its major phases. Largely tracking the organization of the National Labor Relations Act, it covers the right of employees to join together for organizational purposes, the regulation of the union-organizing process including the use of economic weapons, the development of bargaining relationships, the negotiation and enforcement of collective agreements, and, more briefly, the law governing internal union affairs. The text responds generously to the most significant current developments in the field, while simultaneously providing a set of materials that will be truly manageable in the usual three- or four-hour courses.
The fourteenth edition also includes over sixty new hypothetical problems designed to test students’ knowledge of existing doctrines and push them to explore issues that don’t appear to have ready answers. As with previous editions, the book will be supplemented with a comprehensive teacher’s manual and a biennial supplement to keep the book up-to-date.
Charles Craver, Marion G. Crain, and Grant M. Hayden
This text introduces students to all aspects of labor relations law. It explores statutory coverage, and the procedures involved in union organizing campaigns. It describes the actions employees can take to support organization efforts, and the actions employers can take to counteract such drives. It then covers the rights of employees and unions once bargaining representatives have been recognized.
What are the mandatory bargaining topics, and what concerted activities can employees use to support union bargaining efforts? It also covers concerted activities that are prohibited, such as secondary endeavors. Finally, it explains how disputes arising under existing bargaining agreements may be resolved—through negotiation and, if necessary, arbitration. It is both a highly practical and theoretical book that does a wonderful job of enabling teachers to introduce students to labor relations law.
Geoffrey S. Corn, Jimmy Gurule, Jeffrey D. Kahn, and Gary Corn
This casebook provides a comprehensive examination and analysis of the inherent tension between the Constitution and select national security policies, and explores the multiple dimensions of that conflict. Specifically, the Second Edition comprehensively explores the constitutional foundation for the development of national security policy and the exercise of a wide array of national security powers. Each chapter focuses on critically important precedents, offering targeted questions following each case to assist students in identifying key concepts to draw from the primary sources. Offering students a comprehensive yet focused treatment of key national security law concepts, National Security Law and the Constitution is well suited for a course that is as much an advanced “as applied” constitutional law course as it is a national security law or international relations course.
Grant M. Hayden and Matthew T. Bodie
"Modern corporations contribute to a wide range of contemporary problems, including income inequality, global warming, and the influence of money in politics. Their relentless pursuit of profits, though, is the natural outcome of the doctrine of shareholder primacy. As the consensus around this doctrine crumbles, it has become increasingly clear that the prerogatives of corporate governance have been improperly limited to shareholders. It is time to examine shareholder primacy and its attendant governance features anew, and reorient the literature around the basic purpose of corporations. This book critically examines the current state of corporate governance law and provides decisive rebuttals to longstanding arguments for the exclusive shareholder franchise. Reconstructing the Corporation presents a new model of corporate governance - one that builds on the theory of the firm as well as a novel theory of democratic participation - to support the extension of the corporate franchise to employees."
Marc I. Steinberg
"The system of securities regulation that prevails today in the United States is one that has been formed through piecemeal federal legislation, Securities and Exchange Commission (SEC) invocation of its administrative authority, and self-regulatory episodic action. As a consequence, the presence of consistent and logical regulation all too often is lacking. In both transactional and litigation settings, with frequency, mandates apply that are erratic and antithetical to sound public policy. This book focuses on "rethinking" the securities laws, with particular emphasis on the Securities Act and Securities Exchange Act. In 1978, the American Law Institute (ALI) adopted the ALI Federal Securities Code. The Code has not been enacted by Congress and its prospects are dim. Since that time, no treatise, monograph, or other source comprehensively has focused on this meritorious subject. The objective of this book is to identify the deficiencies that exist under the current regimen, address their failings, provide recommendations for rectifying these deficiencies, and set forth a thorough analysis for remediation in order to prescribe a consistent and sound securities law framework. By undertaking this challenge, the book provides an original and valuable resource for effectuating necessary law reform that should prove beneficial to the integrity of the U.S. capital markets, effective and fair government and private enforcement, and the enhancement of investor protection."
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, complemented by problems and exercises to enhance students’ lawyering skills. 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 and secondary liability provisions. Integral to this discussion is a thorough treatment of class and derivative actions. Government enforcement is also analyzed, with particular focus on SEC and criminal enforcement.
In addition, state securities litigation is covered in depth, along with professional liability exposure. The new edition also adds coverage of cutting-edge issues, including the regulation of digital assets, new forms of market manipulation, the rise of state securities class actions, recent insider trading cases analyzing tipper-tippee liability, and unsettled questions about the fraud-on-the-market presumption of reliance."
Business Enterprises—Legal Structures, Governance, and Policy: Cases, Materials, and Problems (4th 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.
Douglas NeJaime, Richard Banks, Joanna L. Grossman, and Suzanne Kim
"Family Law in a Changing America is a new casebook that highlights law and family patterns as they are now, not as they were decades ago. By focusing on key changes in family life, the casebook attends to rising equality and inequality within and among families. The law, formally at least, accords more equality and autonomy than ever before, having repudiated hierarchies based on race, gender, and sexuality. Yet, as our society has grown more economically unequal, so too have family patterns diverged—with marriage and marital child-rearing becoming a mark of privilege. A number of developments—mass incarceration, the privatization of care, and reproductive technologies—have also contributed to disparities based on race, class, and gender. The casebook reflects the law’s continuing emphasis on marriage, but also treats nonmarital families as central. Rather than privilege the marital heterosexual family, the casebook organizes the presentation of the law around 1) adult relationships and 2) parent-child relationships."
Katharine T. Bartlett, Deborah L. Rhode, Joanna L. Grossman, and Deborah L. Brake
"Gender Law and Policy provides the theoretical frameworks, legal cases, and policy background necessary for analyzing a broad range of gender issues in the law. It is an ideal text for undergraduate courses in Women’s Studies, Political Science, and other fields focusing on gender law and policy, including Women and the Law and Gender Law and Policy. This text features lucid introductions in each chapter that illuminate the issues significant to each topic, alternative theoretical perspectives that facilitate open-minded problem solving, and incisive commentary by leading scholars and policymakers. Timely coverage of foundational and cutting-edge issues includes constitutional law, employment law, Title IX and education (including sports), family law, sexual harassment, sexual violence, pornography, prostitution, global trafficking, LGBT issues, and women’s sexual and reproductive health."
Marc I. Steinberg and Stephen B. Yeager
"Inside Counsel – Practices, Strategies, and Insights, 2d 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.
"The Second Edition adds timely commentary and insights on the multifaceted issues facing inside counsel as well as the inclusion of key case law developments, including insider trading enforcement proceedings against inside counsel. Subjects focusing on in-house counsel's role in the enterprise, interfacing with the many constituents within the company, the benefits and disadvantages of serving as in-house counsel as compared to outside counsel, and the criteria that makes an outside law firm attractive to in-house counsel are updated and explored. The Second Edition is a valuable resource for law students, in-house counsel, and attorneys practicing in law firms."
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.