Law Faculty Books and Chapters

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  Why Is There So Much Pre-Retirement Liquidity in the U.S. Pension System?

  Kathryn L. Moore and John Turner

  Some analysts argue that there is a retirement savings crisis in the United States. While the extent of the crisis is contested, most analysts agree that retirement savings in this nation is inadequate. Although the reasons for the retirement savings shortfall are many and complex, this paper focuses on one factor that leads to inadequate retirement savings in the United States: pre-retirement liquidity or leakage.

  Pre-retirement liquidity or leakage refers to the ability of individuals to withdraw money from their retirement savings account prior to retirement and use that money for nonretirement purposes. The Employee Benefit Research Institute (EBRI) writes, ...Read More

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  Civil Procedure: A Context and Practice Casebook

  Scott Bauries, Gerald Hess, and Theresa Beiner

  The second edition of Civil Procedure: A Context and Practice Casebook is thoroughly revised and updated to facilitate effective teaching and student learning. New principle cases illustrate current developments in personal jurisdiction, supplemental jurisdiction, pleading, discovery, and joinder. Each chapter includes new and revised notes and exercises. The accompanying teacher s manual reflects the changes in the casebook and includes 90 multiple choice questions to help professors and students assess the effectiveness of teaching and learning throughout the course.

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  Developing Moral Standards for Taxation

  Jennifer Bird-Pollan

  Decisions regarding the proper levels and forms of taxation are not merely questions of economics. Instead, taxation should be seen as the manifestation of a nation’s philosophical ideals of distributive justice. As such, legislators must consider the underlying philosophical beliefs of their constituents in determining the tax laws. Those philosophical beliefs should then inform decisions regarding the form those taxes should take, and amount of tax that the government should impose. This Chapter considers a variety of political philosophical positions that are common in contemporary societies, and then evaluates how a legislator might incorporate those views into the creation of ...Read More

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  Cases and Materials on the Law of Torts

  Mary J. Davis, George Christie, Joseph Sanders, and W. Jonathan Cardi

  A vehicle for teaching first-year students the essential techniques of case analysis and legal method. Throughout, the book is modified to include developments in tort law since the fifth edition was published in 2012.

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  Vote for US: How to Take Back Our Elections and Change the Future of Voting

  Joshua A. Douglas

  An expert on US election law presents an encouraging assessment of current efforts to make our voting system more accessible, reliable, and effective. In contrast to the anxiety surrounding our voting system, with stories about voter suppression and manipulation, there are actually quite a few positive initiatives toward voting rights reform. Professor Joshua A. Douglas, an expert on our electoral system, examines these encouraging developments in this inspiring book about how regular Americans are working to take back their democracy, one community at a time. Told through the narratives of those working on positive voting rights reforms, Douglas includes chapters ...Read More

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  Zapruder Film

  Brian L. Frye

  THE ZAPRUDER FILM is not only the most important home movie ever made, but also the most thoroughly analyzed 26 seconds of film in existence. Shortly after noon on Friday, 22 November 1963, President John F. Kennedy was assassinated in Dallas, Texas. Atleast 32 people filmed or photographed some aspect of the event, but Abraham Zapruder captured the assassination itself more clearly and completely than anyone eise. His film was a key item of evidence in the government's investigation of the assassination, and the subject of lasting controversy, at least in part because copyright made it largely unavailable to the public until 1998.

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  Professional Responsibility: An Open-Source Casebook

  Brian L. Frye and Elizabeth Schiller

  We wanted this casebook to be as easy to use and understand as possible. Accordingly, we included not only cases, but also the text of the rules and restatements, as well as concise explanations of the relevant law. Each chapter of the book addresses a different issue, in the following format. First, it clearly and concisely explains the relevant law governing that issue. Then provides the relevant text of any statutes, Model Rules, sections of the Restatement of the Law Governing Lawyers, or other sources, with a link to an open-source versions of the full text, when available. It provides ...Read More

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  Introduction: Why Bibliography?

  James M. Donovan

  The occasion of the new volume of Sexual Orientation, Gender Identities, and the Law: A Research Bibliography perhaps leads some to ask, "Why bibliography? in these days of instant and abundant results from keyboard searches on increasingly intelligent computer tools, isn't the print bibliography quaintly old-fashioned?

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  Readings in Parallel Judiciaries

  Paul E. Salamanca

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  The Philosophical Foundations of Wealth Transfer Taxation

  Jennifer Bird-Pollan

  One role of taxation in contemporary society is the expression of that society’ s beliefs about distributive justice. This chapter argues that this most effectively done by using a wealth transfer tax. The continued existence of wealth transfer tax systems, despite the relatively small amount of tax raised by such systems in comparison with the total size of most national budgets, speaks to important philosophical beliefs about fairness and equality and the way such forms of tax can help a society achieve those distributive justice goals. This chapter examines a variety of political philosophical views that are commonly held in ...Read More

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  Bob Jones University v. U. S., 408 U.S. 564 (1983)

  David A. Brennen

  Could a feminist perspective change the shape of tax laws? Feminist reasoning and analysis are recognized as having tremendous potential to affect employment discrimination, sexual harassment, and reproductive rights laws - but they can likewise transform tax law (as well as other statutory or code-based areas of the law). By highlighting the importance of perspective, background, and preconceptions on reading and interpreting statutes, this volume shows what a difference feminist analysis can make to statutory interpretation. Feminist Judgments: Rewritten Tax Opinions brings together a group of scholars and lawyers to rewrite tax decisions in which a feminist emphasis would have ...Read More

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  Critical Reading for Success in Law School and Beyond

  Jane Bloom Grisé

  Critical Reading for Success in Law School and Beyond presents critical reading strategies in a systematic sequence so that students can become effective readers who are successful in both law school and in law practice. This reading system was developed by identifying the characteristics of expert readers at different stages of the reading process and then creating a curriculum to teach these skills. It contains essential ingredients for developing skills in reading comprehension as well as legal analysis, case evaluation, and case synthesis. Critical Reading starts with chapters on reading as an advocate and with focus and then introduces students ...Read More

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  Gaslight Lawyers: Criminal Trials and Exploits in Gilded Age New York

  Richard H. Underwood

  From the 1870s to the early 1900s, post-Civil War New York City was becoming a wonder city of commerce and invention, art and architecture, and emerging global prominence. The city and its innocent inhabitants needed to be protected from crime and corruption. Order had to be maintained. Then, as now, malefactors had to be brought to justice. But not every victim was quite so innocent, and not every defendant was as guilty as he (or she) looked.
  
  The Gaslight Era has been called the Second Golden Age of the New York Bar. The book sheds new light on a gallery ...Read More

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  Mutual Assistance in the Digital Age

  Andrew Keane Woods

  This chapter provides an overview of the sudden importance of mutual legal assistance in an age when an increasing amount of criminal evidence is both digital and held by offshore firms. The chapter begins with a description of the current - regrettable - state of affairs. Part II describes some of the easiest ways to improve the existing MLA regime, reforms that may require money or manpower, but will not require legal change. These are critical reforms, but even a streamlined and well-oiled MLA regime will never be able to satisfy the needs of local law enforcement demands for digital ...Read More

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  Reciprocity as a species of fairness: Completing Malinowski’s theory of law

  James M. Donovan

  The present essay seeks to recast Malinowski’s arguments grounding law in the social phenomena of reciprocity in light of current information. Reciprocity is argued to be a higher order construct built out of more basic influences, the most relevant of which are the inherent fairness evaluations humans perform in contexts of distributive justice. Deconstructing Malinowski’s claims into these elemental components preserves the original insight that explains the civil law in terms of social reciprocity. More importantly, this analysis generates a description for the criminal law in these same terms, something Malinowski himself was unable to achieve. The outcome realizes his ...Read More

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  Election Law Stories

  Joshua A. Douglas, Editor and Eugene D. Mazo, Editor

  This title offers a rich and detailed account of the most significant cases in election law, including the landmark decisions of Reynolds v. Sims, Bush v. Gore, Citizens United v. Federal Election Commission, and Shelby County v. Holder. The book relies on a unique encapsulated approach to storytelling, as each of its authors surveys an important doctrinal area in the field through the telling of his or her story. The volume’s thirteen cases concern the right to vote, redistricting and gerrymandering, campaign finance, and election administration. The book is suited for courses in the law of democracy at both the ...Read More

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  CrimeSong: True Crime Stories from Southern Murder Ballads

  Richard H. Underwood

  In CrimeSong, law professor and authentic storyteller Richard H. Underwood recreates in engaging and folksy prose the true facts behind twenty-four Southern murder ballads. Underwood has resurrected these stories and shares them with the reader through his old lawyer trifocals.
  
  He presents his case studies, documented through contemporary news accounts and court records, as a series of dramas filled with jump-off-the-page real and memorable characters.

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  Liability for Negligence Involving Colleges and Students: An Evolving Duty of Care

  Scott R. Bauries and Joseph C. Beckham

  This chapter considers premises liability, third-party assaults on students, hazing activities, athletics and related programs, alcohol-related cases, suicide, tort immunities and alternative claims procedures, and emerging issues.

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  Introduction

  James M. Donovan

  The Chosen People, John Allegro’s attempt to uncover the historical sources for the world’s enduring anti-Semitism, bears the marks of his wish to appeal to two disparate readerships. Allegro’s fluent command of the relevant primary literature is more than sufficient reason for his arguments to be taken seriously. He knows whereof he speaks. He spins the details, however, into a story more akin to a gripping potboiler of palace intrigue and political machination than to a dry recitation of long-forgotten events. Relying upon in-text citations, Allegro was scolded by reviewers for eschewing the fully footnoted scholarly apparatus usually found in ...Read More

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  At the Cross: Race, Religion, and Citizenship in the Politics of the Death Penalty

  Melynda J. Price

  Curing systemic inequalities in the criminal justice system is the unfinished business of the Civil Rights movement. No part of that system highlights this truth more than the current implementation of the death penalty. At the Cross tells a story of the relationship between the death penalty and race in American politics that complicates the common belief that individual African Americans, especially poor African Americans, are more subject to the death penalty in criminal cases. The current death penalty regime operates quite differently than it did in the past. The findings of this research demonstrate the the racial inequity in ...Read More

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  A Normative Rationale for the Charitable Tax Exemption

  David A. Brennen

  A collection of unconventional voices, BEYOND ECONOMIC EFFICIENCY IN UNITED STATES TAX LAW articulates alternative approaches to traditional economic analysis that provide a fuller understanding of tax law. Twelve original essays shed new light on classical tax theory by demonstrating that efficiency should not be the sole mechanism for examining the merits of the U.S. tax system. Factors such as race, gender, ethics, fairness, social justice, and political theory, to name a few should play a vital role in the design of the tax system. Reliance upon the myth that markets function solely by reference to efficiency concerns can be ...Read More

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  Introduction to Crime and Custom in Savage Society

  James M. Donovan

  With a new introduction by James M. Donovan, Crime and Custom in Savage Society represents Bronislaw Malinowski's major discussion of the relationship between law and society. Throughout his career he constructed a coherent science of anthropology, one modeled on the highest standards of practice and theory. Methodology steps forward as a core element of the refashioned anthropology, one that stipulates the manner in which anthropological data should be acquired.

  Malinowski's choice of law was not inevitable, but neither was it unmotivated. Anyone interested in understanding the social structure and organization of societies cannot avoid dealing with the concept of "law," ...Read More

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  Law of Employee Pension and Welfare Benefits

  Kathryn L. Moore and Lawrence Frolik

  This book introduces the student to how ERISA and the IRC protect and regulate employee pension and welfare benefit plans. The authors wrote this book mindful of the following concerns: Coverage; Case Selection; Questions and Problems; Adaptability; Teachers Manual

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  Property Tax Exemptions

  David A. Brennen

  Full insight into the often detailed and always complex principles governing state tax law, compliance, and planning.

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  Business Planning

  Douglas C. Michael and Scott B. Ehrlich

  This casebook takes both an analytical and practical approach to the formation, operation, and dissolution of business enterprises. Business Planning examines doctrinal, statutory, and regulatory foundations that attorneys rely on to draft documents, advise clients, and make strategic decisions regarding the formation, operation, and dissolution of business entities.