Law Faculty Books and Chapters

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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.

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  Legal Anthropology: An Introduction

  James M. Donovan

  LEGAL ANTHROPOLOGY: AN INTRODUCTION offers an initial overview of the challenging debates surrounding the cross-cultural analysis of legal systems. Equal parts review and criticism, the author outlines the historical landmarks in the development of the discipline, identifying both strengths and weaknesses of each stage and contribution. LEGAL ANTHROPOLOGY suggests that future progress can be made by treating as the distinguishing feature of law the perceived fairness of structural inequalities of social systems, rather than the traditional emphasis upon sanction or dispute resolution.

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  Sexual Orientation and the Law: A Research Bibliography Selectively Annotating Legal Literature through 2005

  James M. Donovan

  SEXUAL ORIENTATION AND THE LAW: A RESEARCH BIBLIOGRAPHY is a project of the Standing Committee on Lesbian and Gay Issues of the American Association of Law Libraries. This almost-500 page volume includes several features that the Standing Committee hopes will be useful to librarians and their patrons. These include: a description of the bibliography project from its origins in 1987; an introduction by Brad Sears, Executive Director of the Williams Institute on Sexual Orientation Law and Public Policy that places this literature into intellectual, historical and legal perspective; a reprint of the original 1994 bibligraphy as it appeared in Law ...Read More

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  Defining Religion

  James M. Donovan

  The charge of this essay was to review definitional trends of "religion." Four major types were discussed: content, behavior, mental, and functional. While each type has considerations that suggest its relevance, all are incomplete when examined in isolation. Consequently, two approaches combining these types were briefly discussed: conjunctive and generative. Judging the former inferior to the latter, it was suggested that only the functional definitions are capable of being truly generative. The most inclusive definition of religion, therefore, will be one that is generative functional. Clues as to what such a definition might look like are found first in the ...Read More

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  Anthropology & Law

  James M. Donovan and H. Edwin Anderson

  This book defends the thesis that the two fields of law and anthropology co-exist in a condition of "balanced reciprocity" wherein each makes important contributions to the successful practice and theory of the other. Anthropology offers a cross-culturally validated generic concept of "law," and clarifies other important legal concepts such as "religion" and "human rights." Law similarly illuminates key anthropological ideas such as the "social contract," and provides a uniquely valuable access point for the analysis of sociocultural systems.

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  Modern Litigation and Professional Responsibility Handbook: The Limits of Zealous Advocacy

  Richard H. Underwood, William H. Fortune, and Edward Imwinkelried

  Find practical answers to hard questions about professional conduct -- and avoid wrong answers that could set back your firm -- with this authoritative guide to legal ethics. Drawing on statutes, standards, and actual cases, the authors show you how to: evaluate tactics for possible ethical consequences; understand and comply with statutes, procedural rules, and standards of professional conduct while zealously representing your client; prevent your opponents from turning the rules to their own advantage

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  Trial Ethics

  Richard H. Underwood and William H. Fortune

  Trial Ethics is offered as an introduction to the variety of ethical problems encountered daily by trial lawyers in civil and criminal cases in the United States. Prepared by two academic lawyers who share the view that the content of the lawyer Codes has a practical and tactical dimension, the goal of Trial Ethics is to outline some of the traps and pitfalls a lawyer may encounter at the various stages of litigation, beginning with the initial interview and ending with appeal.

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  Florida Water Law

  Richard C. Ausness, Frank E. Maloney, Sheldon J. Plager, and Bram D.E. Canter

  This study attempts to make a comprehensive examination of Florida water law, including both consumptive uses of water and land use activities that affect the aquatic environment. Florida Water Law examines: common law water rights; state, regional, and local water resource agencies; state regulation of consumptive uses; the law and administration of pollution control in Florida; diffused surface water; submerged lands and water boundaries.

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  Foreign Seizures: Sabbatino and the Act of State Doctrine

  Eugene F. Mooney

  The United States Supreme Court framed a unique legal doctrine on foreign seizure of American-owned property in the case of Banco Nacional de Cuba v. Sabbatino in 1963. This ruling has far-reaching implications for international law, American foreign policy, and the role of the Court in both domestic and international arenas of power. Disagreeing with the Court’s decisions, Eugene F. Mooney undertakes to place the Act of State Doctrine in its proper historical, jurisprudential, and political perspective.

  Mooney argues forcefully that the dogmatic application of the Act of State Doctrine is indefensible in light of its origin, the history of ...Read More

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  Perpetuities Law in Action: Kentucky Case Law and the 1960 Reform Act

  Jesse Dukeminier Jr.

  Few rules of law can so quickly strike terror into the hearts of lawyers as the Rule against Perpetuities. This rule, two centuries in development, is designed to prevent tying up property for too long a time. It can be stated in one sentence, but the great nineteenth-century master of the Rule, John Chipman Gray, required more than 400 scrupulously detailed pages to explain it. For deceptive subtleties and unexpected traps it has no equal.

  This book views the Rule in the microcosm of Kentucky cases. It shows that perpetuities law in action differs from perpetuities law in the books. ...Read More