Bøger udgivet af Aspen Publishing

In this student-friendly text, a team of respected scholars balances practical knowledge of how the mental healthcare system operates in conjunction with the criminal justice system, with an analytical framework that looks at how the quality of that collaboration is reflected in the issues, processes and outcomes of both institutions. Professors and students will benefit from an accessible new text that informs and explores: The role of mental healthcare law and procedure in the criminal justice system How mentally ill clients are processed through the criminal justice system Mental healthcare terms, resources, and treatment programs Contemporary issues in mental health and criminal justice, such as the treatment of mentally ill juveniles inside the criminal justice system, and lack of full access to mental healthcare for at-risk groups Discussion of systemic interface and entropy, two central themes to guide student analysis of issues and examples drawn from real life Mental Health and Criminal Justice is designed with a wealth of features for study and review, including: Learning Objectives Framing the IssuesPrologues and Epilogues that frame issues and provide vivid examples Key Terms, highlighted in the text and defined in the Glossary Text boxes that expand on points of interest Summary and Chapter Review Questions at the end of each chapter

In this new, updated edition of Advanced Negotiation and Mediation Theory and Practice, Paul Zwier and Thomas Guernsey present a strategic planning and integrated systematic approach to negotiation, which recognizes that both adversarial and problem-solving strategies have distinct advantages and that lawyers need to combine styles and strategies to achieve the best results for their clients. Zwier and Guernsey provide attorneys with an outline to plan and implement effective negotiation techniques, using up-to-date situations throughout the book to demonstrate how understanding negotiation theory and practice can help them partner with their clients to make better strategic use of negotiation. The authors break down the counseling process into stages and show what information the client needs to make an informed decision. They then suggest and give examples of the techniques and skills that might be used to implement that decision in a negotiation and or mediation setting.

Buy a new version of this textbook and receive access to the Connected eBook on Casebook Connect, including lifetime access to the online ebook with highlight, annotation, and search capabilities. Access also includes an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. Sentencing Law and Policy: Cases, Statutes, and Guidelines, Fifth Edition, provides comprehensive coverage of all aspects of sentencing law, policy and practice.The new fifth edition of Sentencing Law & Policy: Cases Statutes and Guidelines gives students a comprehensive overview of modern sentencing practices in all major types of systems: determinate and indeterminate, discretionary, and structured, federal and state, capital and non-capital. Authored by leading scholars in the fields of sentencing and criminal procedure, this casebook surveys the legal doctrine and depicts major sentencing institutions at work, including legislatures, commissions, judges, prosecutors, defense attorneys, probation officers, parole boards, and others. The book motivates students to connect legal practices with current policy and equity debates that reshape criminal sentencing. The new edition includes extensive materials on emerging topics like the work of progressive prosecutors, the use of risk assessment tools, and the impacts of the COVID pandemic.New to the Fifth Edition: Thoroughly updated to address important statutory and case law changes, including important new legislation, such as the FIRST STEP Act, leading U.S. Supreme Court, U.S. Court of Appeals, state appellate court decisions, and prominent recent scholarship.Coverage of modern policy issues, including mass incarceration, prosecutorial and judicial discretion, punishment for drug crimes, revised federal and state sentencing guidelines, and concerns about racial and other disparities in sentencing.Additions give focused attention to new topics of particular interest to sentencing advocates and practitioners such as the policies of progressive prosecutors, the development and use of risk assessment tools at sentencing, and the impacts of the COVID pandemic on sentencing and corrections. A new final chapter considers sentencing review doctrines and pays special attention to new laws and advocacy surrounding "second look" sentencing mechanisms. It also questions the role of executive clemency in the criminal system.Professors and students will benefit from: Intuitive organization that tracks the progression of every criminal case but is modular enough to allow professors to organize the material as they see fit.Comprehensive examples drawn from all common sentencing regimes, including guideline-determinate, indeterminate, and capital schemes.Notes, problems, and questions address current issues of concern, provide comprehensive policy discussion, and integrate with direct sources of information, including sentencing commission websites.Wide-ranging source materials, including: S. Supreme Court decisionsState high court rulings, federal appellate court cases, and rulings from foreign jurisdictionsFederal and state statutes and sentencing guidelinesReports and statistical data from various jurisdictionsUp-to-date and robust coverage of cutting-edge topics ranging from the new federal FIRST STEP Act to the local progressive prosecutor movement, from the impact of the COVID pandemic to the emergence of new "second look" sentencing mechanisms.Discussions of race, gender, and class run throughout the entire book and challenge students to confront questions about warranted and unwarranted disparities.Teaching materials include: Online Teachers' ManualSample syllabiClassroom ExercisesOnline readings, drawn from prior editions, to cover topics that some teachers might want to explore in greater detail than the published text envisions

Professor Fergus D. Williamson was crossing the street when he was struck by the company pickup truck of Charles T. Shrackle. Williamson has filed a civil negligence suit with the Nita State courts, claiming that Shrackle's negligence caused him severe injury and disability. Shrackle admits to hitting Williamson, but claims that he was crossing in the middle of the street, not the crosswalk, and that Williamson did not look before entering the road. The defendant denies negligence, instead alleging contributing negligence on the part of the plaintiff. There are three witnesses for the plaintiff and four for the defendant.

Persuasive Writing: A Storytelling Approach teaches students how to write effective motion briefs, and other types of non-adversarial persuasive writing by threading a narrative or "storytelling" theme throughout the entire text. This text endorses a three-stage framework--processing, packaging and revising --for integrating storytelling into any type of persuasive writing and is premised on the theory that Legal Storytelling is the most effective backdrop for effective advocacy. Organized to make the material accessible and highlight the intuitive nature of legal storytelling, this text will give the novice legal writer several resources to engage with the legal storytelling process.

NITA would like to acknowledge that this case file was produced through Emory's Center for Advocacy and Dispute Resolution, with a special thanks to Reuben Guttman and the firm of Grant & Eisenhofer for their help in authoring the materials. The four case files of United States ex rel. Rodriguez v. Hughes, et al. explore the suit brought by Juan Rodriguez, a prominent engineer, who acted as a whistleblower against his employer, Hughes Aircraft, for violations of the False Claims Act. Richard Hughes (CEO of Hughes Aircraft) learned that the United States Department of Defense (DOD) was looking for a new helicopter to provide to the Mexican government as part of the United States' Mérida Initiative, which provided Mexico resources to help it fight its war against the drug cartels. Hughes, on behalf of Hughes Aircraft, entered into a sole source contract with the DOD. Hughes was favorably positioned to do so as it was the sole manufacturer of the Screaming Eagle helicopter S-70, the model the DOD was seeking to purchase. Rodriguez's employment background put him in a position to ascertain whether his employer, Hughes Aircraft, was making false claims to the DOD. Initially, Rodriguez had been employed at Sikorsky Aircraft Inc., a predecessor of Hughes, working in the design and manufacture of the first Screaming Eagle helicopters. Later Sikorsky Aircraft was bought by Hughes Aircraft. During his tenure at Hughes, Rodriguez had designed and retrofitted early versions of the Screaming Eagle helicopter. When retrofitted with heavy missiles, one of the first versions, the UH-A, suffered cracks on landing. Accordingly, metals intended to help crash-proof the helicopter were added to the design. Hughes also started to employ Magnaflux testing to ensure that later versions of the Screaming Eagle did not have subsurface cracks. Rodriguez claims that he saw cracks in the cabin of one of the Screaming Eagles Mexico helicopters, and that he also saw workers welding over the cracks. Rodriguez claimed that he considered the welding over of cracks in the cabin of the Screaming Eagle a "cover up" of the failure to conduct testing and thus an act of fraud--passing on defective helicopters to the governments of the United States and Mexico.

The Plaintiff, Jeffrey B. Lang, seeks to recover damages based upon a claim that the defendant, Jennifer L. Anderson, owner of Mr. Gatsby's Restaurant, by serving and selling alcoholic beverages to Butch Turner, caused the intoxication of Butch Turner, and that Butch Turner injured the plaintiff while in this intoxicated condition. The defendant denies that, as a result of beer consumed at Mr. Gatsby's Restaurant, Butch Turner became intoxicated. The defendant claims that the plaintiff provoked the fight with Turner. The defendant asserts that she, therefore, is not liable for the plaintiff's injuries. This file is intended to be used for a bench trial or a short jury trial. The trial may be limited to the issue of liability; however, adequate materials are included to allow the issue of damages to also be tried. Each side should be permitted to call only two witnesses.

NITA would like to acknowledge that this case file was produced through Emory's Center for Advocacy and Dispute Resolution, with a special thanks to Reuben Guttman and the firm of Grant & Eisenhofer for their help in authoring the materials. The four case files of United States ex rel. Rodriguez v. Hughes, et al. explore the suit brought by Juan Rodriguez, a prominent engineer, who acted as a whistleblower against his employer, Hughes Aircraft, for violations of the False Claims Act. Richard Hughes (CEO of Hughes Aircraft) learned that the United States Department of Defense (DOD) was looking for a new helicopter to provide to the Mexican government as part of the United States' Mérida Initiative, which provided Mexico resources to help it fight its war against the drug cartels. Hughes, on behalf of Hughes Aircraft, entered into a sole source contract with the DOD. Hughes was favorably positioned to do so as it was the sole manufacturer of the Screaming Eagle helicopter S-70, the model the DOD was seeking to purchase. Rodriguez's employment background put him in a position to ascertain whether his employer, Hughes Aircraft, was making false claims to the DOD. Initially, Rodriguez had been employed at Sikorsky Aircraft Inc., a predecessor of Hughes, working in the design and manufacture of the first Screaming Eagle helicopters. Later Sikorsky Aircraft was bought by Hughes Aircraft. During his tenure at Hughes, Rodriguez had designed and retrofitted early versions of the Screaming Eagle helicopter. When retrofitted with heavy missiles, one of the first versions, the UH-A, suffered cracks on landing. Accordingly, metals intended to help crash-proof the helicopter were added to the design. Hughes also started to employ Magnaflux testing to ensure that later versions of the Screaming Eagle did not have subsurface cracks. Rodriguez claims that he saw cracks in the cabin of one of the Screaming Eagles Mexico helicopters, and that he also saw workers welding over the cracks. Rodriguez claimed that he considered the welding over of cracks in the cabin of the Screaming Eagle a "cover up" of the failure to conduct testing and thus an act of fraud--passing on defective helicopters to the governments of the United States and Mexico.

Ardell Delaney, a professional baseball player, is charged with armed robbery. The State of Nita has accused him of robbing Miller's Fine Jewelers, holding assistant manager Lexi Waitkus at gunpoint while he emptied the safe of cash and coins. The defendant contends that this is a case of mistaken identification; he claims that at the time of the robbery he was having his car checked for emissions certification. This case file includes four witnesses for the plaintiff and four witnesses for the defendant including an eyewitness and expert witness on both sides. The new edition includes Facebook pages and text messages, allowing students to experience the special challenges of building a proper foundation for the admission of media exhibits. Color copies of all exhibits are available online for reproduction and use.

Liza O'Neill was shot and killed the night of her twenty-sixth birthday on the front porch of her stepmother's home. Liza's estranged husband, Joseph O'Neill, was charged with first degree murder and pleaded not guilty. The case went to trial and resulted in a hung jury. The State is retrying the case. There are three witnesses for both the plaintiff and the defendant along with one optional witness for either side.

Buy a new version of this textbook and receive access to the Connected eBook with Study Center on Casebook Connect, including lifetime access to the online ebook with highlight, annotation, and search capabilities. Access also includes practice questions, an outline tool, and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. A problem-based Evidence coursebook that presents the Federal Rules of Evidence in context, illuminates the rules' underlying theories and perspectives, and provides a fully updated and systematic account of the law in a student-friendly hornbook-style format. The material is accompanied with straightforward and systematic explanations. Lively discussion and interesting problems (rather than numerous appellate case excerpts) engage students in understanding the principles, policies, and debates that surround evidence law. The book also contains self-assessment sections in each chapter that teach students how to identify and resolve legal issues and succeed in the final exam. To sum up: this book stands out as "all in one" it gives students of evidence an up-to-date comprehensive account of the law; it explains complex evidentiary issues in a straightforward and systematic fashion; and it also tells students what their exam will look like and how to succeed in it. New to the Seventh Edition: A new case file to introduce numerous evidence issues throughout the semester, with spin-off problems in each chapter. Updated doctrine, including application of evidence rules to electronic evidence and the online environment. Professors and students will benefit from: An opening case file introducing students to the process of analyzing evidence in terms of the essential elements of a legal dispute, serving as an effective introduction to much of the course to follow A wide range of real-world problems exposes students to the depth and complexity of the Rules of Evidence Every chapter addresses basic rules interpretation, essential policy, and connects theory to practice Assessment problems (modeled on exam questions) at the end of each chapter, including answers with explanations Teaching materials Include: Updated and streamlined Teacher's Manual, including sample syllabi for both 4- and 3-credit courses, transition guide for each chapter, teaching guidance, and answers to all the problems in the book Problems Supplement that includes most problems deleted from prior editions

Buy a new version of this textbook and receive access to the Connected eBook with Study Center on Casebook Connect, including lifetime access to the online ebook with highlight, annotation, and search capabilities. Access also includes practice questions, an outline tool, and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. The perfect casebook for the modern Contracts course. This highly-focused, case-based text offers a comprehensive treatment of the basic issues of contract law and emphasizes development of analogical reasoning skills. Each section is limited to three types of materials (brief narrative, judicial opinions, and discussion problems) and is designed to teach students how to read opinions, analyze issues, distinguish material from immaterial facts, and apply holdings to similar problems. New to the Third Edition: New discussion problems have been added throughout the book to better enable the students to apply the material learned from the principle cases to new factual situations and then learn how judges have dealt with those situations. New narrative material, cases, and discussion problems have been added on the topic of contract interpretation, the most common source of contract law disputes. Professors and student will benefit from: Lean, focused text with a 2-color design that can be taught, cover-to-cover, in a one-semester course Sections that are limited to three types of materials (brief narrative, judicial opinions, and discussion problems), which best promote the teaching and learning of the method of legal reasoning Both classic and contemporary cases are edited to include sufficient background and reasoning for students to analyze the court's decision Discussion problems present summarized facts from real cases

Trial Advocacy for the Child Welfare Lawyer: Telling the Story of the Family was a first of its kind publication and gave lawyers working in child welfare court their first real trial skills book five years ago. Thousands of lawyers became more proficient at trial work because of that seminal publication. Now, the Juvenile Law Society (JLS) has made it even better with Trial Advocacy for the Child Welfare Lawyer: Telling the Story of the Family, Second Edition, by Marvin Ventrell and Patrick Furman. Trials, effectively presented, are stories--stories of mothers, fathers, children--stories of the family. Trial Advocacy for the Child Welfare Lawyer, Second Edition teaches you how to present the story of the family from the unique and powerful perspective of each litigant. From nuts and bolts to advanced practice techniques, each trial skill is treated as a mechanism of persuasion. For the Second Edition, JLS Founder and Director Marvin Ventrell teamed up with his long-time trial skills training partner and highly regarded teacher and trial lawyer, Patrick Furman as co-author. Ventrell and Furman expand the nine essential trial skills of the first edition and have added a new chapter on The Child Witness. From case analysis to opening statement, to witness exam to evidentiary foundations, to objections, to closing argument and professionalism and ethics, Trial Advocacy for the Child Welfare Lawyer, Second Edition prepares the lawyer for children, parents, and state agencies to go to court. Reviews The Juvenile Law Society [JLS] has made a profound contribution to the field of child welfare law with this succinct and practical book. It really should be required reading for all lawyers appearing in child welfare court. It is an artful blending of the essentials of trial advocacy with the particulars of child welfare court. This book will empower attorneys to provide improved advocacy for children, parents, and agencies . . . and that, in turn, will lead to better judicial outcomes for our most vulnerable children and their families. --Jennifer L. Renne, Esq., Director, Capacity Building Center for Courts, American Bar Association

In the Second Edition of Williams v. Simonson, plaintiff Mary Anne Williams seeks to recover damages for gender discrimination and the tort of defamation and is suing David Simonson, Christine Jefferson, Nita University, and the Patterson Institute. Williams seeks back pay, lost pay, damages, and reinstatement. There are five potential claims in this case file, which is set in a university environment: gender discrimination, quid pro quo sexual harassment, hostile work environment, intentional infliction of emotional distress, and wrongful termination. Designed for advanced advocacy training, Williams involves difficult legal and factual issues for jury resolution and requires the examination of expert witnesses. There are two lay witnesses for the plaintiff and two for the defendant, plus one expert witness for each side. The exhibit files are available for digital download via a password-protected website accessible to students and faculty. Please note that Williams is available in four versions--Trial, Faculty, Plaintiff, and Defendant--each sold separately.

Learning to write like a lawyer requires more than passive reading and listening to lectures; it requires active learning. Legal Analysis and Writing: An Active-Learning Approach demystifies the process of analyzing a fact pattern and translating that analysis into succinct and objective writing. This book's scaffolded approach emphasizes an incremental presentation of the best practices of legal writing while offering a wide variety of features to help rising lawyers master the form and function of the documents they will compose in practice. Professors and students will benefit from: Study guide questions for each chapter to help students focus their reading Detailed explanations throughout the book, allowing students to understand the writing process Check-in exercises enabling students to test their understanding Plentiful writing examples to provide students with models for good writing Templates, worksheets, and checklists to help students analyze the law and assess their writing A detailed glossary to help students master key terminology In-class application exercises, quizzes, and more Support for flipped classroom and/or team-based learning models of instruction

Criminal Procedure: An Introduction for Criminal Justice Professionals is a student-friendly, practical, and timely overview of the essential topics in the field. Designed with the student in mind, Neal R. Bevans brings his wealth of experience as a prosecutor, defense attorney, and author to this accessible textbook. With broad coverage that emphasizes how criminal procedure works in the real world, students will gain a solid foundation in the fundamentals of the law, as well as an understanding of how to apply what they have learned.New to the Second Edition: Now covering only criminal procedure, the text offers a focused introduction to the field.Reorganized and expanded with new chapters on Constitutional Issues and Evidence and The Exclusionary RuleChapters on the Fourth and Fifth Amendments reorganized to improve the teachability of the material.New cases included throughout the bookImproved and expanded end of chapter exercises and practice questions for test reviewUpdated with the latest developments in Criminal ProcedureProfessors and students will benefit from: Broad coverage that includes both traditional and cutting-edge topicsWell-crafted pedagogy, including learning objectives at the start of each chapter; boldfaced legal terms, with definitions in the margins; figures and charts that visually translate concepts and procedures; and end-of-chapter questions, activities, and assignments to enrich learning.Scenarios that exemplify how the law is applied in practice.Edited cases at the end of each chapter.

In the Second Edition of Williams v. Simonson, plaintiff Mary Anne Williams seeks to recover damages for gender discrimination and the tort of defamation and is suing David Simonson, Christine Jefferson, Nita University, and the Patterson Institute. Williams seeks back pay, lost pay, damages, and reinstatement. There are five potential claims in this case file, which is set in a university environment: gender discrimination, quid pro quo sexual harassment, hostile work environment, intentional infliction of emotional distress, and wrongful termination. Designed for advanced advocacy training, Williams involves difficult legal and factual issues for jury resolution and requires the examination of expert witnesses. There are two lay witnesses for the plaintiff and two for the defendant, plus one expert witness for each side. The exhibit files are available for digital download via a password-protected website accessible to students and faculty. Please note that Williams is available in four versions--Trial, Faculty, Plaintiff, and Defendant--each sold separately.

A frantic 911 call about an unconscious intruder brought police to Gene Bloodworth's home, but was that the real story? Three days before his death, Kenneth Fletcher was found unconscious on the floor of Bloodworth's condo. Bloodworth claims that Fletcher broke into his home and had a knife. Bloodworth also claims he was defending himself when he struck Fletcher and knocked him out. Fletcher claimed that he and Bloodworth had been drinking together that night and that Bloodworth invited him to his condo and then attacked him. Three days after the incident at Bloodworth's condo, Fletcher was found dead. Cause of death was blunt force trauma to the head. Bloodworth was charged with first degree murder and has pleaded not guilty. He contends that he was acting in self-defense and that Fletcher's alcoholism contributed to his death. This updated case file now includes extensive social media exhibits, giving participants a chance to work with this new and important form of evidence and the challenges it presents. There are four witnesses for both sides, including forensic pathologist experts. This criminal case file is designed to be used as a full trial.

Two persons--one man and one woman--are in an enclosed space and cannot be viewed below their shoulders; shots ring out; one person dies at the scene, the other person is charged with homicide. This case is designed to be tried twice: (1) once with the woman deceased--the man survives and is charged with homicide; (2) once with the man deceased--the woman survives and is charged with homicide. Mr. Diamond and Ms. Doyle had been in a relationship and living together for two months immediately prior to the shooting. Ms. Doyle was a waitress at the Truck Stop Cafe, and Mr. Diamond was a police officer and had just resigned from the Nita City Police Department. Mr. Diamond went to the Truck Stop Cafe to meet Ms. Doyle when she got off work at 6:00 a.m. He entered the cafe and sat in a booth. Ms. Doyle was sitting in a booth at the other side of the cafe talking with other waitresses. She did not speak to Mr. Diamond, and then at 6:30 a.m., Ms. Doyle got up and went to the entranceway of the cafe. Mr. Diamond followed her and they talked for a few minutes before two shots were fired. Was it murder, or an accident? This case file presents the same exact facts for both trials, with one exception: the gender of the defendant and the victim. Optimal use of this file is to try once as State v. Diamond and once as State v. Doyle. There are four witnesses for the State and three for the Defense. Exhibits include witness statements, police reports, medical reports, and gun diagrams.

In the Second Edition of Williams v. Simonson, plaintiff Mary Anne Williams seeks to recover damages for gender discrimination and the tort of defamation and is suing David Simonson, Christine Jefferson, Nita University, and the Patterson Institute. Williams seeks back pay, lost pay, damages, and reinstatement. There are five potential claims in this case file, which is set in a university environment: gender discrimination, quid pro quo sexual harassment, hostile work environment, intentional infliction of emotional distress, and wrongful termination. Designed for advanced advocacy training, Williams involves difficult legal and factual issues for jury resolution and requires the examination of expert witnesses. There are two lay witnesses for the plaintiff and two for the defendant, plus one expert witness for each side. The exhibit files are available for digital download via a password-protected website accessible to students and faculty. Please note that Williams is available in four versions--Trial, Faculty, Plaintiff, and Defendant--each sold separately.

Buy a new version of this textbook and receive access to the Connected eBook on Casebook Connect, including lifetime access to the online ebook with highlight, annotation, and search capabilities. Access also includes an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. The First Amendment: Cases and Theory, Fourth Edition is a comprehensive and up to date First Amendment casebook that covers freedom of speech, freedom of association, and religious liberties.The First Amendment: Cases and Theory, Fourth Edition, uses the case method to elucidate theory and doctrine. In an area rife with multi-factor tests, mastery of First Amendment theory and doctrine requires more than rote memorization of three- and four-part tests; it requires a firm foundation in the underlying theories and purposes that animate the Supreme Court's decisions. No less important, the casebook also includes Theory Applied Problems at the end of each major section. These Theory Applied Problems provide an easy and convenient means to assess students' mastery of the relevant theories and precedents. The editors also have included carefully targeted coverage of how other constitutional democracies, such as Canada and Germany, have reached very different conclusions regarding the scope and meaning of expressive freedom. All major contemporary free expression and religious liberty controversies receive coverage, with helpful notes to answer student questions and deepen their understanding of the subject areas. The First Amendment: Cases and Theory is a highly teachable casebook suitable for a standard three-hour survey of the First Amendment, but also for more focused courses on the Speech, Press, Assembly Clauses, and the Religion Clauses. New to the 4th Edition: Revised chapters on basic free speech doctrines including "low value" speech, content neutrality, symbolic conduct, and freedom of association Addition of recent major Supreme Court decisions on free expression, free exercise of religion, and the Establishment Clause Consideration of how social media affects freedom of expression Professors and students will benefit from: Completely revised and updated coverage - including coverage of the Supreme Court's major First Amendment decisions since publication of the Third Edition Comprehensive coverage of contemporary major free speech and religious freedom controversies that are likely to generate future landmark Supreme Court precedents in the years to come Suitable for adoption in comprehensive First Amendment survey courses as well as more narrowly focused courses on the Speech, Press, and Assembly Clauses or the Religion Clauses The perspective of Tim Zick, a noted expert on freedom of expression, as a new casebook coauthor Covers cutting edge free speech controversies such as sexting, revenge porn, racist trademarks, government speech, and student speech rights in the age of the internet Places doctrinal developments into a coherent historical narrative that shows the evolving nature of First Amendment doctrine Includes targeted coverage of free speech rules in foreign jurisdictions that have considered, but rejected, the U.S. approach in important areas such as libel, hate speech, national security, and sexually explicit speech Reorganized and updated coverage of foundational free speech and association doctrines Completely reorganized and updated coverage of the Religion Clauses Includes up-to-date coverage of the growing conflicts over religious exemptions to anti-discrimination laws for individuals, churches, and businesses. Includes dedicated coverage of the Religious Freedom Restoration Act (RFRA) and state RFRAs Presents the "Lemon," "endorsement," "coercion," and "history and tradition" tests for Establishment Clause challenges Separation of church and state cases in multiple areas from vouchers to creationism in schools to government sponsored Latin crosses to legislative prayers. Provides comprehensive coverage of the First Amendment in a casebook that can still be taught cover-to-cover in a standard three-hour survey course format without requiring the instructor to make selective coverage decisions

In What Millennial Lawyers Want: A Bridge from the Past to the Future of Law Practice, author Susan Smith Blakely expands her audience beyond young women lawyers to ALL young lawyers and those who lead them. Following the success of her three-book Best Friends at that Bar series, Ms. Blakely shifts her focus to millennial lawyers who are the future of the law profession. This book is for: Law students to understand current practices, what needs to be changed, and how to fit into an evolving profession; Law firm associates to validate their instincts about outdated law firm policies and toxic law firm cultures; and Law firm leaders to understand millennial lawyers and to make the necessary changes to law firm cultures to retain talent and lead them into the next quarter of the 21st century. Through extensive research about millennial lawyers and by millennial lawyers as well as entertaining and inspirational stories of lawyers from a generation past, Blakely makes a case that demonstrates a healthier path forward for a profession in transition--a path enriched by recapture of the values and beliefs, which successfully guided lawyers of the Greatest Generation. The message is that bad habits and toxic environments are not beyond repair if we listen to the voices of a new generation of lawyers and help them--and us--find a better way forward. You will learn: The facts about millennial lawyers; The values that millennial lawyers bring to the profession; What millennial lawyers want from law practice; The challenge for law firms to initiate change to retain and develop millennial lawyers; and Lessons from real life stories demonstrating values lost but not forgotten.

Buy a new version of this textbook and receive access to the Connected eBook with Study Center on Casebook Connect, including lifetime access to the online ebook with highlight, annotation, and search capabilities. Access also includes practice questions, an outline tool, and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. The ninth edition of this classic casebook Administrative Law and Regulatory Policy: Problems, Text, and Cases is streamlined and updated while retaining the previous editions' rigor, comprehensiveness, and contextual approach. Outstanding authorship, rich and varied materials, and comprehensive coverage remain the hallmarks of the ninth edition of the acclaimed Administrative Law and Regulatory Policy: Problems, Text, and Cases. Administrative procedure is examined in the context of substantive policy debates regarding regulation in a wide range of areas. Extensive notes, questions, and problems support thoughtful reading and analysis. The presentation acknowledges complexity and contradictions in the material while still providing explanations and guideposts along the way. Problems interspersed throughout provide an opportunity to explore the doctrine in more depth and test one's understanding of it. New to the Ninth Edition: A thorough updating of cases, notes, and questions A more streamlined and user-friendly presentation. Despite significant additions, the 9th edition is shorter than the 8th. Inclusion of important recent judicial decisions, including Gundy v. United States, 139 S. Ct. 2116 (2019) (nondelegation) Lucia v. SEC, 138 S. Ct. 2044 (2018) (officers of the U.S.) Seila Law LLC v. CFPB, 140 S. Ct. 2183 (2020) (president's removal authority) Oil States Energy Services, LLC v. Greene's Energy Group, LLC, 138 S. Ct. 1365 (2018) (agency adjudication) Kisor v. Wilkie, 139 S. Ct. 2400 (2019) (deference to an agency's interpretation of its own regulation) DHS v. Regents of the University of California, 140 S. Ct. 1891 (2020) (DACA rescission) Department of Commerce v. State of New York, 139 S. Ct. 2551 (2019) (pretextual justifications and arbitrary and capricious review) Little Sisters of the Poor v. Pennsylvania, 140 S. Ct. 2367 (2020) (interim final rulemaking) Professors and students will benefit from: Thorough coverage of the processes of agency rulemaking and adjudication Illuminating discussion of doctrines that may be on the cusp of major change, including Chevron deference, Auer deference, and the nondelegation doctrine Attention to the underlying justifications for, and possible criticisms of, the regulatory initiatives that are the subject of the cases studied. Extensive notes and questions that both explain and challenge A completely new website that provides Additional materials for possible assignment (including an introductory case study and materials on enforcement) Illustrative agency documents (rulemaking preambles, an administrative complaint, FOIA requests and denials, etc.) Extensive links to material on the web, including on agency websites, that provide examples of or help students situate the topics in the casebook Photographs of people, places, and things that are the subject of the cases in the book Updates on new decisions, statutes, and regulatory initiatives

A CALIFORNIA COMPANION is for professors teaching students who may take the California Bar Exam. California law is different from the Uniform Probate Code and the "national" law presented in casebooks. Inheritance rights of parents and children in adoption and nonmarital situations, disqualified transferees, consequences of financial elder abuse, rights of creditors in trust assets, extension of wills rules to nonprobate transfers, rights of trust beneficiaries to information, and special time limits on bringing various claims are some of the areas in which California has distinct rules. The Companion includes all the statutes required for the California Bar Exam, as well as California cases and statutes that give context to the bar statutes, reflect recent legislative changes, or illustrate areas where California law is different from "national" law.A CALIFORNIA COMPANION is designed for ease of use. Bar statutes are clearly marked and all statutes have been given captions more informative than those in the code books. Principal cases are severely edited for easy classroom use. The detailed Table of Contents lists all included statutes with identifying captions, and all principal cases preceded by a short description identifying the subject matter. The table of cases lists the 52 principal cases and 136 note cases. The Table of Statutes groups statutes into Bar Statutes, other sections of the Probate Code, sections of the Family Code, the Civil Code, the Code of Civil Procedure, and the Welfare and Institutions Code. The Companion also includes Instructions for the California Exam that list the Bar Statutes that may be covered.Organization of A California Companion tracks Dukeminier & Sitkoff, Wills, Trusts & Estates (11th ed. 2022), but it can easily be used with other casebooks because the Table of Contents clearly shows the subject matter of each section.New to the 2023-2024 Edition: All statutes updated to March 1, 2023Bills introduced in the 2023-2024 legislative sessionRing v. Harmon, which held that a personal representative and beneficiary of an estate had standing to sue for financial elder abuse in her individual capacity as beneficiary rather than in her capacity as personal representativeFourteen new note cases

Stanton v. Armstrong is a civil action for defamation and tortious interference with contract with the extra glamor of a beauty pageant. Harper Stanton brought the action against Toby Armstrong in the United States District Court, District of Nita, for an allegedly defamatory statement claiming Stanton had taken a bribe to fix the Miss Olympia beauty pageant. Armstrong posted this statement on the Pageant Tips Blog. At the time of the blog post, Stanton was the Chief Executive Officer of Miss Olympia, Inc. and Armstrong was a blogger and the owner of a pageant contestant coaching company. Many facilities and technology malfunctions impacted the quality of the Miss Olympia Pageant that year: lighting and sound problems; a missing judge; changes in the scoring method. After the disastrous pageant, Miss Olympia, Inc. fired Stanton. Were Armstrong's unfounded claims the basis for Stanton's firing? Was Stanton legitimately fired for being a dishonest CEO manipulating the pageant from behind the scenes? Or was Stanton fired for tarnishing the Miss Olympia Pageant through no fault of his own? Stanton v. Armstrong is a civil action for defamation and tortious interference with contract with the extra glamor of a beauty pageant. Harper Stanton brought the action against Toby Armstrong in the United States District Court, District of Nita, for an allegedly defamatory statement claiming Stanton had taken a bribe to fix the Miss Olympia beauty pageant. Armstrong posted this statement on the Pageant Tips Blog. At the time of the blog post, Stanton was the Chief Executive Officer of Miss Olympia, Inc. and Armstrong was a blogger and the owner of a pageant contestant coaching company. Many facilities and technology malfunctions impacted the quality of the Miss Olympia Pageant that year: lighting and sound problems; a missing judge; changes in the scoring method. After the disastrous pageant, Miss Olympia, Inc. fired Stanton. Were Armstrong's unfounded claims the basis for Stanton's firing? Was Stanton legitimately fired for being a dishonest CEO manipulating the pageant from behind the scenes? Or was Stanton fired for tarnishing the Miss Olympia Pageant through no fault of his own? This entertaining case file supports all the alleged intrigue with exhibits that include blog posts, a Twitter account, and a YouTube video, all hosted on "microsites" specifically created for use in trial. Scoring sheets and pageant guidelines, photographs, room sketches, and more provide a wealth of information for students to analyze when deciding what to pursue in both depositions and the full trial.

Investigative Criminal Procedure in Focus provides today's law students with a thorough understanding of investigative criminal procedure. Using an innovative approach to teach the law, its pedagogical features not only facilitate the mastery of complex legal concepts, but provide hands-on exercises that give students the tools they need to succeed. The book is divided into two parts. Part I provides a general introduction to the world of criminal procedure. Chapter 1 sets the stage by explaining the differences between substantive criminal law and criminal procedure as well as the differences between the investigative and adjudicative stages of the criminal justice process. Chapter 2 focuses on the sources of criminal procedure law. Part II of the text begins the study of investigative criminal procedure. Chapters 3 to 6 each focus on a specific aspect of Fourth Amendment jurisprudence; Chapter 7 focuses on interrogation law; and Chapter 8 addresses eyewitness identifications. Professors and Students will benefit from: The Focus Casebook Series structure that uses author-written text to explain doctrine, openly and clearly. Many criminal procedure issues lend themselves to not only doctrinal discussion of the law, but also to broader policy-oriented topics. Berger takes a balanced approach that allows professors to choose which policy issues to cover in class. Thoughtfully selected cases, framed by introductory questions and post-case analysis, that teach students key concepts. Real Life Applications, Applying the Rules, and Criminal Procedure in Practice hypotheticals, frequently based on real cases, that provide opportunities for critical analysis and application of concepts covered in the chapters. A discussion in Chapter 1 of competing values in criminal procedure as well as the roles of race, class, and gender in criminal law. Complete and thoughtful discussion Fourth Amendment including: What constitutes a Fourth Amendment search and seizure Who is covered by the Fourth Amendment The state action and standing requirements (Chapter 3) Probable cause and warrants (Chapter 4) Exceptions to the warrant requirement (Chapter 5) The exclusionary rule (Chapter 6)

In the Second Edition of Williams v. Simonson, plaintiff Mary Anne Williams seeks to recover damages for gender discrimination and the tort of defamation and is suing David Simonson, Christine Jefferson, Nita University, and the Patterson Institute. Williams seeks back pay, lost pay, damages, and reinstatement. There are five potential claims in this case file, which is set in a university environment: gender discrimination, quid pro quo sexual harassment, hostile work environment, intentional infliction of emotional distress, and wrongful termination. Designed for advanced advocacy training, Williams involves difficult legal and factual issues for jury resolution and requires the examination of expert witnesses. There are two lay witnesses for the plaintiff and two for the defendant, plus one expert witness for each side. The exhibit files are available for digital download via a password-protected website accessible to students and faculty. Please note that Williams is available in four versions--Trial, Faculty, Plaintiff, and Defendant--each sold separately.

Have you ever read a legal opinion and come across an odd term like the fallacy of denying the antecedent, the fallacy of the undistributed middle, or the fallacy of the illicit process and wondered how you missed that in law school? You're not alone: every day, lawyers make arguments that fatally trespass the rules of formal logic--without realizing it--because traditional legal education often overlooks imparting the practical wisdom of ancient philosophy as it teaches students how to "think like a lawyer." In his book, The Force of Logic: Using Formal Logic as a Tool in the Craft of Legal Argument, lawyer and law professor Stephen M. Rice guides you to develop your powers of legal reasoning in a new way, through effective tips and tactics that will forever change the way you argue your cases. Rice contends that formal logic provides tools that help lawyers distinguish good arguments from bad ones and, moreover, that they are simple to learn and use. When you know how to recognize logical fallacies, you will not only strengthen your own arguments, but you will also be able to punch holes in your opponent's--and that can make the difference between winning and losing. In this book, Rice builds on the theoretical foundation of formal logic by demonstrating logical fallacies through the use of anecdotes, examples, graphical illustrations, and exercises for you to try that are derived from common case documents. It is a hands-on primer that presents a practical approach for understanding and mastering the place of formal logic in the art of legal reasoning. Whether you are a lawyer, a judge, a scholar, or a student, The Force of Logic will inspire you to love legal argument, and appreciate its beauty and complexity in a brand new way.

The Power Trial Method, Second Edition, a unique, easy-to-read trial skills primer, begins with a simple question about jury trials: Who has the power in the courtroom to decide whether you win or lose? David J.F. Gross and Charles F. Webber, two of the nation's most highly regarded trial lawyers, developed this material to introduce new litigators to the trial process and to reduce the anxiety associated with jury trials by emphasizing key methods of persuasion and presentation.

State v. Sanchez is a criminal case file featuring the trial of Ernesto Sanchez, who admits to fatally stabbing Patrick Connor during a street fight between two Nita City gangs. Sanchez pleads self-defense, and the circumstances surrounding the stabbing are complicated by the testimonies of other gang and community members. This case file is particularly unique because of its focus on gang activity and its use of non-traditional experts with specialized knowledge of gang behavior. It also addresses the potential impact of racial bias during a criminal trial. Exhibits include social media evidence and a digital recording of a news interview. There are five witnesses for both the state and the defense.