This collection highlights the books and book chapters of UNM Law faculty. Due to copyright, full-text downloads are not available in most cases. If you'd like to review the full-text, please contact your local library. The books are sorted by year, with the most recent publications listed first. Email your questions about this collection to libref [at] law.unm.edu.
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Room on the Ark?: The Symbolic Nature of U.S. Pet Evacuation Statues for Nonhuman Animals
Marsha Baum
Book Summary:
Considering Animals draws on the expertise of scholars trained in the biological sciences, humanities, and social sciences to investigate the complex and contradictory relationships humans have with nonhuman animals. Taking their cue from the specific 'animal moments' that punctuate these interactions, the essays engage with contemporary issues and debates central to human-animal studies: the representation of animals, the practical and ethical issues inseparable from human interactions with other species, and, perhaps most challengingly, the compelling evidence that animals are themselves considering beings. Case studies focus on issues such as animal emotion and human 'sentimentality'; the representation of animals in contemporary art and in recent films such as March of the Penguins, Happy Feet, and Grizzly Man; animals' experiences in catastrophic events such as Hurricane Katrina and the SARS outbreak; and the danger of overvaluing the role humans play in the earth's ecosystems. From Marc Bekoff's moving preface through to the last essay, Considering Animals foregrounds the frequent, sometimes uncanny, exchanges with other species that disturb our self-contained existences and bring into focus our troubled relationships with them. Written in an accessible and jargon-free style, this collection demonstrates that, in the face of species extinction and environmental destruction, the roles and fates of animals are too important to be left to any one academic discipline.
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Secured Transactions
Frederick M. Hart and Nathalie Martin
Introduction to secured transactions : collection of debts and liens -- Scope of Article 9 and types of collateral -- Remedies : the secured party's rights against the debtor -- Creation of a security interest -- Perfection of security interests -- Priorities -- Some basic bankruptcy concepts.
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The Handbook of Due Diligence Checklists
Alex Ritchie
The papers presented at the 2011 Special Institute on Due Diligence in Oil & Gas Transactions (DD2) are available both as a written manual (looseleaf binder) and audio CD (See audio options in the drop-down menu). PLUS: The Handbook of Due Diligence Checklists
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Theorizing the more responsive state: transcending the national boundaries of law
Laura Spitz
Literature theorizing the state typically focuses on the nation-state as the locus of state power and authority, bounded by territorial and/or geopolitical borders. Within legal scholarship, an even narrower focus is common: the state as adjudicatory apparatus. Yet it may be more productive to shift the conceptual lens to embrace a wider and less vertical conception of state power. Thus, this chapter takes Fineman’s invitation to begin the task of theorizing a “more responsive state” in the US, by looking beyond the US, and putting two groups of scholars in conversation with one another: feminist legal theorists on the one hand, and integration theorists, including governance theorists, on the other. Ultimately, I suggest that feminist legal scholars might usefully begin (re)theorizing the state by engaging with the process of North American integration (and with integration theorists) to explore integration’s emancipatory or progressive potential for responding to the sorts of inequalities Fineman identifies. At the same time, and just as importantly, integration theories will be made more relevant and more robust if they engage with feminism and feminist insights.
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The Tangled History of New Mexico Water Law
G. Emlen Hall
This book addresses water management issues in the State of New Mexico. It focuses on our current understanding of the natural world, capabilities in numerical modeling, existing and evolving regulatory frameworks, and specific issues such as water quality, endangered species and the evolution of new water management institutions. Similar to its neighboring states, New Mexico regularly experiences cycles of drought. It is also experiencing rapid economic growth while at the same time is experiencing a fundamental climate shift. These factors place severe demands on its scarce water resources. In addition to historical uses by the native inhabitants of the region and the agricultural sector, new competitive uses have emerged which will require reallocation. This effort is complicated by unadjudicated water rights, the need to balance the ever-increasing needs of growing urban and rural populations, and the requirements of the ecosystem and traditional users. It is clear that New Mexico, as with other semi-arid states and regions, must find efficient ways to reallocate water among various beneficial uses. This book discusses how a proper coordination of scientific understanding, modeling advancements, and new and emerging institutional structures can help in achieving improved strategies for water policy and management. To do so, it calls upon the expertise of academics from multiple disciplines, as well as officials from federal and state agencies, to describe in understandable terms the issues currently being faced and how they can be addressed via an iterative strategy of adaptive management.
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Three Stories in One: The Story of Santa Clara Pueblo v. Martinez
Gloria Valencia-Weber
Santa Clara Pueblo v. Martinez' is an especially rich case that intermingles three stories: one is about Julia Martinez and her family; a second features Santa Clara Pueblo itself; and a third highlights dynamics within the United States Supreme Court. Decided in 1978, the Martinez case denied Julia Martinez access to federal court to challenge a Pueblo membership ordinance treating female members who marry outside the Pueblo differently from male members who marry outside. The case has long attracted attention from feminists and human rights advocates, because they see a woman's claim of gender discrimination pitted against a Pueblo's claim of tribal sovereignty. What has been missing in all of this commentary, however, is an internal Santa Clara Pueblo viewpoint on the case. What follows is an account of these three stories in their cultural context.
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Academic Libraries: Looking Toward the Future
Carol A. Parker
Evans and Alire explain the important ways in which the higher education environment distinguishes academic libraries from other types of libraries, and readers will gain practical insight into their distinct political and operational characteristics. They fully explore the core issues in contemporary academic librarianship, readers will be prepared to tackle all aspects of their jobs and ascend the organizational ladder. Each chapter is dedicated to a key issue in the field, with topics including: teaching faculty roles, campus governance, curriculum, the student body, collection development, providing quality service, funding, facilities, staff, technology and IT support. A chapter on career development will benefit both aspiring and practicing academic librarians looking to enter or advance in the field, and a concluding section explores the future of academic librarianship through valuable input from more than fifteen experienced academic library deans and directors.
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American Indian Law: Native Nations and the Federal System Cases and Materials
Kevin Washburn, Carole Goldberg, Rebecca Tsosie, and Elizabeth Rodke Washburn
This text merges jurisprudence, history, comparative law, ethnology, and sociology to bring meaning to the tribal-federal relationship. The book surveys the major doctrines in the field of Indian law, inquires on the role of legal processes in protecting or frustrating political and cultural autonomy, and accurately portrays Indian tribal perspectives and voices on questions of federal Indian law.
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Anarchist Periodicals in English Published in the United States (1833-1955): An Annotated Guide
Ernesto Longa
Table of Contents and Front Matter. In the 19th and 20th centuries, dozens of anarchist publications appeared throughout the United States despite limited financial resources, a pestering and censorial postal department, and persistent harassment, arrest, and imprisonment by the State. Such works energetically advocated a stateless society built upon individual liberty and voluntary cooperation. This volume highlights the articles, reports, manifestos, and creative works of anarchists and left libertarians who were dedicated to propagandizing against authoritarianism, sham democracy, wage and sex slavery, and race prejudice. In the survey are nearly 100 newspapers produced throughout North America. For each entry, the following information is provided: title, issues examined, subtitle, editor, publication information, including location and frequency of publication, contributors, features and subjects, preceding and succeeding titles and an OCLC number to facilitate the identification of owning libraries via a WorldCat search. Excerpts from a selection of articles are provided to convey both the ideological orientation and rhetorical style of each paper's editors and contributors. Finally, special attention is given to highlighting the scope of anarchist involvement in combating obscenity and labor laws that abridged the right to freely circulate reform papers through the mails, speak on street corners, and assemble in union halls.
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Athletes as Television Celebrities: Why We Watch; How They Benefit; Must They Be Responsible
Sherri Burr
This chapter addresses a number of issues associated with athletes acquiring celebrity status based on their television performances. It first discusses what draws the public to watch sports on television and follow the lives of athletes. Second, this chapter highlights the benefits and burdens that athletes receive and endure from the public participation in their sports as observers on the field and off. This section will also highlight athletes rights to privacy and to publicity. Finally, this chapter addresses the responsibility of athletes, both amateur and professional, to behave in a responsible manner both on and off the court.
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Exploring the Commercialized Arms Race Metaphor
Alfred Mathewson
Reversing Field invites students, professionals, and enthusiasts of sport – whether law, management and marketing, or the game itself – to explore the legal issues and regulations surrounding collegiate and professional athletics in the United States. This theoretical and methodological interrogation of sports law openly addresses race, labor, gender, and the commercialization of sports, while offering solutions to the disruptions that threaten its very foundation during an era of increased media scrutiny and consumerism. In over thirty chapters, academics, practitioners, and critics vigorously confront and debate matters such as the Arms Race, gender bias, racism, the Rooney Rule, and steroid use, offering new thought and resolution to the vexing legal issues that confront sports in the 21st century.
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Gaming and Gambling Law: Cases and Materials
Kevin Washburn
This casebook focuses on the unique issues that arise in both the legal and illegal components of the fast-growing American gambling industry, addressing issues of criminal law, federalism, regulation, due process, and contracts.
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Grand Juries and Expertise in the Administrative State
Kevin Washburn
Grand Jury 2.0: Modern Perspectives on the Grand Jury challenges the American legal culture to re-imagine the grand jury and proposes ways to adapt the grand jury's proud heritage to the needs and realities of modern criminal justice. Chapters provide a rare peek into the black box of grand juror deliberations, reflect on empirical evidence related to the grand jury's often overlooked role in charging and plea bargaining practices, and explore what state grand juries tell us about the institution's potential. Other chapters re-examine the grand jury's seemingly settled historical narrative, emphasize the role the grand jury can perform in empowering and giving voice to citizens and local communities, consider whether the grand jury has a discretionary role to play in the initiation of criminal proceedings, highlight the ways in which grand juries have been employed in the War on Terror, and suggest how the grand jury can add value beyond performing its traditional roles both inside and outside the criminal justice system. Fairfax brings together essays written by leading legal scholars and jurists to re-examine the role of the American grand jury, one of the oldest protections known to the American constitutional order. The book's synthesis of criminal law and procedure theory and analysis along with concrete policy proposals makes it required reading for any scholar, student, jurist or lawyer interested in the past, present, or future of the American grand jury.
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Health Care Reform Supplement to Health Law: Cases, Materials and Problems
Robert Schwartz, Barry R. Furrow, Thomas L. Greaney, Sandra H. Johnson, and Timothy Stoltzfus Jost
Copyright page and Table of Contents only.
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How a $147 Tax Notice Helped Bring Tribes More Than $200 Billion in Indian Gaming Revenue: The Story of Bryan v. Itasca County
Kevin Washburn
This book covers the often complex and unfamiliar doctrine of federal Indian law, exposing the raw conflicts over sovereignty and property that have shaped legal rulings. Fifteen distinguished authors describe gripping cases involving Indian nations over more than two centuries, each story emphasizing initiative in tribal communities and lawyering strategies that have determined the fate of nations.
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NonProfit Organizations Law and Policy
Robert J. Desiderio and Marilyn E. Phelan
Nonprofit Organizations Law and Policy, Third Edition, provides a comprehensive coverage of the organizational structures for nonprofit organizations; governance of nonprofit organizations, including status, duties, and rights of directors and members; tax laws relating to the different nonprofit organizations, including how to obtain and maintain tax-exempt status and public charity versus private foundation status for 501(c)(3) organizations; nonprofit organizations’ involvement in political advocacy and political activity; the right of association; antitrust laws as they apply to nonprofit organizations, and chapters on laws generally relating to churches, private schools, hospitals, social clubs, professional organizations, political organizations, and homeowner associations.
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Self-Determination and Indigenous Nations in the United States: International Human Right, Federal Policy and Indigenous Nationhood
Christine Zuni Cruz
This paper, presented at the 2003 Native Title Conference in Alice Springs, Northern Territory, Australia in Lhere Artepe Country, considers self-determination from an internal indigenous perspective. This perspective looks to Indigenous legal tradition to set forth an idea of self-determination that has its foundation in Indigenous notions of origin and existence. The paper explores autochthonic legal tradition, or Indigenous legal tradition, and situates the principle of self-determination within the Indigenous legal tradition. While self-determination for Indigenous Peoples is recognized by the United Nations and the United States, Indigenous Peoples origin stories, a part of their Indigenous legal tradition, provides the sacred texts for their human rights, including self-determination. The significance and interpretation of the Indigenous legal tradition continues in modern times. The chthontic legal tradition, often invisible to nation-states is the source of the principle of self-determination to Indigenous Peoples. In Australia, this legal tradition was linked to the recognition of land rights of Australian Aboriginal Peoples in the Mabo case. Difficulties can arise, however, without a proper understanding of the chthonic legal tradition. The paper concludes with a consideration of how this played out in the United States. In the United States, countervailing forces, particularly those set in motion through a national policy of assimilation affected the Indigenous legal tradition through constitutionalism and education, which promoted the values, approaches, and ideas of the common law legal tradition to the exclusion of the Indigneous legal tradition. An important aspect of self-determination involves being in control of one's own destiny, and this includes economic, socio-political, and cultural self-sufficiency. As Indigenous Peoples struggle for political and cultural survival, many obstacles remain. For Indigenous Peoples in the United States, existing within the larger nation-state presents unique challenges to the realization of self-determination. The paper ends with a discussion of how the many forms of racial, intolerance have played a historical role both collectively and individually, and continues to do so.' A compilation of selected lectures delivered at the Native Title Conference marking the 10th Anniversary of the Native Title Conference by the Australian Institute for Aboriginal and Torres Strait Islanders Studies (AIATSIS).
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The Art of Mediation
Scott Hughes, Michele G. Hermann, and Mark Bennett
This workbook is designed for basic mediation training. Authors Scott Hughes, Mark Bennett, and Michele Hermann take NITA's performance-based training for trial lawyers and adapt it to training for mediators. The authors have used these materials extensively in their mediation training classes at law schools and in programs open to the public. The Art of Mediation sets the mediation process in context, provides basic definitions, contrasts mediation with other forms of dispute resolution, describes varieties of mediation, and lays out roles and functions of the mediators. The book contains forms that illustrate sample agreements to mediate and final mediation agreements, plus a section containing hypothetical situations for performance training.
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Bioethics and Law in a Nutshell
Robert Schwartz and Sandra H. Johnson
Copyright page and Table of Contents only.
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Criminal jury instructions for the District of Columbia
Barbara E. Bergman and Bar Association of the District of Columbia, Young Lawyers' Section
Criminal Jury Instructions for the District of Columbia, also referred to as The Red Book, has been a practice staple in the District of Columbia courts since 1966 for both practitioners and judges and is the authority in this area.
Now in its fifth edition, this portable loose-leaf volume is organized with numerical tabs for each subject area, making even courtroom access quick and easy. Criminal Jury Instructions for the District of Columbia is an ideal reference companion for criminal practitioners and members of the courts as well as public defenders and district attorneys who appear in D.C. local and federal courts.
Each instruction is set forth at the outset of a section and contains comments by the author which include:
- relevant cases with explanations
- notes on how to use the instructions
- cross-references to other instructions
- the most recent revisions
- the way in which the rule has been updated and why
- references to several publications relating to criminal law and procedure
- the minimum and maximum penalties for the offense follow the title and statutory citation for each substantive offense instruction
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Environmental Justice: Law, Policy and Environmental Protection
Eileen Gauna, Clifford Rechtschaffen, and Catherine O'Neill
Environmental justice is a significant and dynamic contemporary development in environmental law. Rechtschaffen, Gauna and new coauthor O'Neill provide an accessible compilation of interdisciplinary materials for studying environmental justice, interspersed with extensive notes, questions, and a teacher's manual with practice exercises designed to facilitate classroom discussion. It integrates excerpts from empirical studies, cases, agency decisions, informal agency guidance, law reviews, and other academic literature, as well as community- generated documents. This second edition includes new chapters addressing climate change, international environmental justice, and a capstone case study. It also adds expanded coverage of risk and the public health, empirical environmental justice research, and environmental justice for American Indian peoples
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Family Law in New Mexico
Antoinette Sedillo Lopez and Barbara L. Shapiro
Copyright page and Table of Contents only. Your guide to state law on living together, marriage, divorce, property and debt division, child custody and support, spousal support, domestic violence and more
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Guadalupe in New Mexico
Margaret E. Montoya
Book Summary:
Steven Loza explores how the iconic aspects of religion transcend mere symbolism with a collection of essays that examine the arts and their relationship to religious belief in three cultural areas of the world: the Mexican mestizo belief in the Virgen de Guadalupe, the West African Yoruba religion's base in a divination system of orishas, and the Sufi sect of Islam's musical/textual practices of devotional ecstasy to God.
The essays included here were originally presented at the 2004 international conference "Towards a Theory for Religion as Art: Guadalupe, Orishas, and Sufi," organized by the Arts of the Americas Institute at the University of New Mexico. While they reflect the interdisciplinary design and dialogue of the conference, the essays also reveal that many of the arts are conceptualized cross-culturally, ranging from visual art and poetry to music and dance, and offer comparative studies of their relationships to society, politics, and culture in general.
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Law of the Land - Recognition and Resurgence in Indigenous Law and Justice Systems in Indigenous Peoples and the Law
Christine Zuni Cruz
This paper begins with a discussion of the Indigenous legal tradition and explores its connection to the land. Borrowing from the work of Indigenous scholars, it describes the Indigenous legal tradition as a part of Indigenous knowledge, which stems from an ecological order rooted in specific place.' The recognition of the Indigenous legal tradition by nation states does not always lead to its acceptance. Indigenous legal tradition requires a special approach because of its unique texts. Drawing on previous work, this paper elaborates on the Indigenous legal tradition. The Indigenous legal tradition struggles in relation to the existing justice systems of U.S. tribes because these justice systems are products of the common law tradition which were introduced to tribes. While development of these justice systems is within the hands of indigenous peoples, the tension between the two traditions is apparent. The paper addresses first its recognition by the judiciaries of the United States, Australia and Canada exploring the characterization of the Indigenous legal tradition by these courts. The recognition by external courts is challenged by the ingrained frame used to understand thier law. The Indigenous legal tradition is often viewed as contrary to the law of nation states and misunderstood, as can be seen in various court opinions of the highest court of the United States. Canada and Australia's high courts seem to captivate and restrict its usage. The paper then considers the use of the Indigenous legal tradition by tribes themselves in the development of law and justice systems. The tension between tribal court systems, modeled on the common law tradition of American law, and the Indigenous legal tradition is sharp. Indigenous language is an important key in comprehending Indigenous law and in understanding its principles. The Indigenous legal tradition is a part of Indigenous knowledge and therefore must be considered in that vein. The paper concludes with a consideration of three critical elements of conscious Indigenous planning: language, process and knowledge. These three elements are considered in the context of the Pueblo of Isleta's movement to establish its justice system. The reaction to the challenges of modern'tribal' justice systems with their foundations in the common law, can be to accommodate the Indigenous legal tradition.
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Legal Treatment of Animals in Weather Disasters
Marsha Baum
A landmark publishing achievement on the subject, the new edition of this acclaimed encyclopedia is expanded to two volumes, covering the full range of issues related to animal protection.
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Segregated Proms in 2003
Alfred Mathewson
Racially segregated high school proms are in the news. The coverage superficially depicts these incidents as vestiges of racism in rural Southern school districts. I moved away from the South over thirty years ago and I know there is far more to the story. There was no media scrutiny of the proms in 1971 when I graduated from Bertie Senior High School in Windsor, North Carolina.
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The Blackstone of Military Law: Colonel William Winthrop, 1831-1899
Joshua E. Kastenberg
Colonel William Winthrop singularly was the most influential person in developing the military law of the United States. A half century ago, the Supreme Court tendered to Winthrop the title, "The Blackstone of Military Law," meaning simply that his influence outshone all others. He has been cited over 20 times by the highest court and well over a 1,000 times by other federal courts, state courts, and legal texts. In this, he surpasses most other legal scholars, save Joseph Story, John Marshall, or Felix Frankfurter. But while biographies of each of these Supreme Court Justices have been written, there has been none to date on Winthrop. The Blackstone of Military Law: Colonel William Winthrop is the first biography on this important figure in military and legal history. Written in both a chronological and thematic format, author Joshua E. Kastenberg begins with Winthrop's legal training, his involvement in abolitionism, his military experiences during the Civil War, and his long tenure as a judge advocate. This biography provides the necessary context to fully appreciate Winthrop's work, its meaning, and its continued relevance.
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The Marshall-Brennan Constitutional Literacy Project: A Case Study in Law and Social Justice
Maryam Ahranjani
Named for the late Supreme Court justices Thurgood Marshall and William Brennan, Jr., the Marshall-Brennan Constitutional Literacy Project has worked for eight years to mobilize talented law students to serve as mentors to junior high and high school students, learn about the importance of democracy and citizenship, and share their knowledge of the law with high school students. Besides the substantive curricular goals of the project, one of its social goals is to promote the pipeline of students of color to college, law school, and the practice of law.
To a certain extent, the project is subversive in its approach. Unlike traditional curricula covering the Constitution, which tend to be dry and straightforward, the founders of the Marshall-Brennan Project set out to inspire young people to care about the Constitution by showing them how it affects them every day in schools. The curriculum takes Supreme Court cases about public school students and asks students to read and analyze critical issues of constitutional law through their own lens.
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Torture after Nuremburg: US Law and Practice
Elizabeth Rapaport
In this essay I will argue that the signature methods of interrogation used by CIA and military interrogators in the Global War on Terrorism (GWOT) -- torture lite' techniques such as hypothermia and stress positions -- may constitute torture, but that the question of their legality under U.S, and international law is not as straightforward as some critics of the Bush Administration maintained. I will take up only one thread in the complex discussion of GWOT interrogation practices and law, that of the boundary between torture and lesser cruelty.
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We the People: The Citizen and the Constitution, Level 3
Kevin Washburn
The revised and updated fourth print edition of We the People: The Citizen & the Constitution features new text, images, exercises, and Supreme Court cases to ensure that the next generation of Americans has the intellectual tools they need to become informed and engaged citizens. We the People gives high school students a firm understanding of government and citizenship. Students explore the history and principles of constitutional democracy through critical-thinking exercises, cooperative-learning and participation in a simulated congressional hearing. The We the People student textbook contains six units and 39 lessons. The updated teacher's guide contains a step-by-step walkthrough of the student book as well as reproducible handouts and the end-of-course assessment.
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American Sovereigns: The People and America's Constitutional Tradition Before the Civil War
Christian G. Fritz
American Sovereigns: The People and America's Constitutional Tradition Before the Civil War challenges traditional American constitutional history, theory, and jurisprudence that sees today's constitutionalism as linked by an unbroken chain to the 1787 federal constitutional convention. American Sovereigns examines the idea that after the American Revolution, a collectivity -- the people -- would rule as the sovereign. Heated political controversies within the states and at the national level over what it meant that the people were the sovereign and how that collective sovereign could express its will were not resolved in 1776, in 1787, or prior to the Civil War. The idea of the people as the sovereign both unified and divided Americans in thinking about government and the basis of the Union. Today's constitutionalism is not a natural inheritance, but the product of choices Americans made between shifting understandings about themselves as a collective sovereign.
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Directors Personal Liability for Corporate Fault in the United States
Erik Gerding
This book chapter outlines sources in U.S. law of personal liability for directors of corporations, with a focus on liability for wrongdoing by the corporation. The chapter surveys director liability: to creditors for violations of state corporation statutes (e.g., liability for defective incorporations, ultra vires corporate acts, and improper dividends, loans to directors, or dissolution); under common law veil piercing theories; under common law and statutes applying agency and director participation theories; and the responsible corporate officer' doctrine. The chapter provides a brief case study of potential director liability under CERCLA (the Superfund statute). The chapter briefly examines why U.S. law appears to impose less liability on directors than the laws of other countries. Relatively lower liability reflects the structure of U.S. corporate law, which gives directors greater discretion in making business decisions and delegating responsibility to officers and employees. Directors may thus be further removed from active involvement in corporate misconduct. Several sources of director liability thus create a disincentive for directors to police corporate misconduct. The chapter sketches normative, due process, and economic explanations for restrictions on director liability and less active director involvement in corporate decision-making. The chapter outlines how corporate law (e.g. the Caremark case) and securities regulation (e.g. Sarbanes Oxley) provide counterweights to the disincentives to director monitoring. The rule structure that makes director liability for corporate misconduct rarer in the United States compared to other jurisdictions may represent another implicit subsidy from tort creditors to shareholders and capital formation.
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Entertainment Law: Cases and Materials on Film, Television, and Music, Supplement
Sherri L. Burr
This supplement brings the principal text, Entertainment Law: Cases and Materials on Film, Television, and Music, current with recent developments in the law.
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Involving Minors in Research: Ethics and Law Within Multicultural Settings
Margaret E. Montoya and Luis Vargas
Book Summary:
The Handbook of Social Research Ethics is the first comprehensive volume of its kind to offer a deeper understanding of the history, theory, philosophy, and implementation of applied social research ethics. Editors Donna M. Mertens and Pauline Ginsberg bring together eminent, international scholars across the social and behavioral sciences and education to address the ethical issues that arise in the theory and practice of research within the technologically advancing and culturally complex world in which we live. In addition, this volume examines the ethical dilemmas that arise in the relationship between research practice and social justice issues.
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Paradigm Shifts, Executive Power, and the War on Terror
Norman C. Bay
With a renewed emphasis on national and homeland security, the United States is once again seeking to balance the needs of the state with both the rights of its citizens as well as those of other nations. This book represents an interdisciplinary approach to the legal dilemmas borne out by the war on terror-against the specific background of Afghanistan, Iraq, and this new kind of conflict. It is a strong contribution to a broader debate visible since 9/11, which will remain in the public eye for the foreseeable future. It addresses the overlap between religion, ethics, armed conflict, and law, within the context of the current conflict. While many issues in areas such as intelligence, reconciliation of civil liberties, dealing with terrorist threats, and the permissible bounds of interrogation, treatment of prisoners and laws governing armed conflict have long standing precedents under domestic and international law, this war has challenged even long standing legal interpretations. The contributors to this volume explore those precedents and contemporary challenges to them.
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Prospects for Managed Underground Storage of Recoverable Water
Denise Fort and National Research Council
Growing demands for water in many parts of the nation are fueling the search for new approaches to sustainable water management, including how best to store water. Society has historically relied on dams and reservoirs, but problems such as high evaporation rates and a lack of suitable land for dam construction are driving interest in the prospect of storing water underground. Managed underground storage should be considered a valuable tool in a water manager's portfolio, although it poses its own unique challenges that need to be addressed through research and regulatory measures.
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Sum and Substance Audio Set on Entertainment Law
Sherri L. Burr
This audio lecture presents a lively overview of five important topics in entertainment law. It first summarizes intellectual property law, including the law of ideals, copyrights, trademarks, patents, and trade secrets. Second, it explains how credits and compensation are awarded in the film, television, and music industries. Third, it provides the listener with a synopsis of various contracts and clauses. Fourth, it analyzes representation issues, included cases addressing agents, managers, lawyers, and unions. Fifth, it discusses efforts to censor entertainment material and the various voluntary rating codes. The audio lecture references music clips to explain its points.
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Teaching a New Dog the Same Old Trick
Michelle Rigual
This product provides strategies for teaching legal research skills and fostering the transition from law school to law firm. Topics include maximizing legal research, evaluating library resources, managing staff, and meeting law school expectations. Advice is given on harnessing student/faculty relationships, navigating new legal materials, managing the library budget, and monitoring student progress. This book also discusses addressing challenges, responding to change, and implementing new technologies.
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The Changing Context
Denise Fort, Helen Ingram, David Feldman, Nathan Mantua, Katharine L. Jacobs, and Nancy Beller-Simms
Faced with mounting pressures from a changing climate, an increasing population, a transitory populace, and varying access to available natural resources, decision makers, scientists, and resource managers have an immediate need to understand, obtain, and better integrate climate forecasts and observational data in near- and long-term planning. Reducing our societal vulnerability to variabilities and changes in climate depends upon our ability to bridge the gap between climate science and the implementation of scientific understanding in our management of critical resources, arguably the most important of which is water. Our ability to adapt and respond to climate variability and change depends, in large part, on our understanding of the climate and how to incorporate this understanding into our resource management decisions. This Product focuses on the connection between the scientific ability to predict climate on seasonal scales and the opportunity to incorporate such understanding into water resource management decisions. It directly addresses decision support experiments and evaluations that have used seasonal-to-interannual forecasts and observational data, and is expected to inform (1) decision makers about the relative success of experiences of others who have experimented with these forecasts and data in resource management; (2) climatologists, hydrologists, and social scientists on how to advance the delivery of decision-support resources that use the most recent forecast products, methodologies, and tools; and (3) science and resource managers as they plan for future investments in research related to forecasts and their role in decision support. It is important to note, however, that while the focus of this Product is on the water resources management sector, the findings within this Synthesis and Assessment Product may be directly transferred to other sectors.
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The Impact of New Technology on Librarianship
Carol A. Parker
The Changing Role of Academic Law Librarianship contains the thoughts of leading librarians on teaching legal research skills, responding to emerging technologies, and adapting to changing trends. It provides perspective on key strategies for understanding and navigating trends in law librarianship. This book offers tips on addressing some of the challenges inherent in a changing landscape, such as improving interlibrary loan services, cultivating modern pedagogy, and evaluating titles and volume counts
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The Sweet Trial
Barbara E. Bergman
This book tells the stories of nine iconic trials. The themes of these cases include treason, racial justice, the death penalty, fraud, personal rights, women’s rights, product safety, and corporate misdeeds. The chapters show lawyers at work, creating a relationship with a litigant seeking justice, and then taking that claim into the courtroom. These chapters are excellent vehicles for teaching all the elements of trial advocacy, including jury selection, opening statement, direct and cross-examination, use of expert testimony, and closing argument. The book shows us that advocacy does make a difference, and that advocacy skills can be taught and learned.
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Copyright on the Internet: Illustrated Essentials
Marsha Baum and Barbara M. Waxer
Copyright on the Internet - Illustrated Essentials is a friendly essential guide to understanding and respecting copyright on the Internet. Using the Illustrated series' signature, two-page spread format, this book is designed to give the bare essentials of the dos and dont's of respecting copyrighted material so that students don't infringe rights when using and downloading media from the Internet.
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Manifest Destiny's Legacy: Race in America at the Turn of the Twentieth Century
Laura Gomez
In Manifest Destinies, Laura E. Gomez explores the central paradox of Mexican American racial status as entailing the law's designation of Mexican Americans as white and their simultaneous social position as non-white in American society. She tells a neglected story of conflict, conquest, cooperation, and competition among Mexicans, Indians, and Euro-Americans, the regions three main populations who were the key architects and victims of the laws that dictated what ones race was and how people would be treated by the law according to ones race.
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Racial Minorities Suffer Disproportionately From Toxic Landfills
Eileen Gauna and Sheila Foster
Essays discuss topics related to refuse disposal and recycling, including the impact of political and social systems on garbage disposal, the success of recycling, and threats to the environment by certain types of waste.
Each essay explores a specific issue by placing expert opinions in a unique pro/con format, exposing readers to many sides of a debate which promotes issue awareness as well as critical thinking.
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The Use of Environmental Taxes as a Water Management Strategy
Denise Fort
Critical Issues in Environmental Taxation provides valuable insights and analysis for legislators, policy makers and academics addressing the challenges of pursuing and achieving environmental goals through taxation policy.
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When Nature Strikes: Weather Disasters and the Law
Marsha Baum
Both law and weather affect us every day of our modern lives, yet most people do not know how the weather has affected developments in the law, nor are they aware of how the law has attempted to develop ways to affect the weather. When Nature Strikes is the first book to examine the various areas in which law and weather meet and affect each other. This one-of-a-kind work describes the law related to weather in the United States in the context of specific cases, legislation, and administrative legal action.
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Internet Surf and Turf Revealed: the Essential Guide to Copyright, Fair Use, and Finding Media
Marsha Baum and Barbara M. Waxer
Explains intellectual property and copyright law related to Internet images and media, discusses fair use, and explains how to find sound files, images, and video that can be used legally, as well as protect one's own work.
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Screening Justice in "The Accused" (1988)
Sherri L. Burr
Screening Justice is designed to tell the complex story of law through an exploration of forty films focusing upon courtroom dramas, social issues and questions of justice. These motion pictures are evaluated by distinguished scholars who, using a range of narrative styles, compare the law on the screen and the law in action. The work serves as a guide to understanding law, the rhetoric of law and images of justice. The book will introduce readers to new films as well as help create new perspectives on familiar classic movies.
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Sexual Orientation and the Law: A Research Bibliography Selectively Annotating Legal Literature through 2005
Steven K. Homer and Standing Committee on Lesbian and Gay Issues, AALL Social Responsibilities Special Interest Section
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 Library Journal; and 877 new citations that have been annotated by members of the Standing Committee. Annotated citations are indexed by author and by cited cases. Updates to this volume are posted quarterly at lgbtbib.org.
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Sum and Substance Audio Set of International Law
Sherri L. Burr
This audio presents an overall big picture of international law for students taking the basic course in public international law, or a seminar in a boutique course like International Environmental Law, or Refugee Law. The audio is also appropriate for lawyers who find themselves working on a case and need a quick overview of international law or for public citizens concerned about war and other conflicts between nations. The audio book discusses how states form, create laws, interact with individuals, and wage war. Listeners will obtain a framework for answering essay questions on exams and structuring briefs for practice before international courts and tribunals.
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Cohen's Handbook of Federal Indian Law
Barbara L. Creel, Gloria Valencia-Weber, Christine Zuni Cruz, Kenneth Bobroff, Kevin Washburn, and John LaVelle
Cohen's Handbook of Federal Indian Law is an encyclopedic treatise written by experts in the field, and provides general overviews to relevant information as well as in-depth study of specific areas within this complex area of federal law. This is an updated and revised edition of what has been referred to as the ""bible"" of federal Indian law. This publication focuses on the relationship between tribes, the states and the federal government within the context of civil and criminal jurisdiction, as well as areas of resource management and government structure.
This compact publication is the only comprehensive treatise explicating one of the most difficult areas of federal law. Used by judges as well as practitioners, this publication provides the tools to understand the law and to find relevant cases, statutes, regulations, and opinions critical to answering legal questions about federal Indian law. This updated edition remains the definitive guide to federal Indian law.
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Environmental Justice in a Dryland Democracy: A Comment on Water Basin Institutions
Eileen Gauna
This comment to Dryland Democracy (Prof. Janet Neuman, in Dusting Off the Blueprint for a Dryland Democracy: Incorporating Watershed Integrity and Water Availability Into Land Use Decisions (Dryland Democracy)) will expand upon the theme of social costs, exploring how Professor Neuman's basic proposal-water basin institutions with centralized authority-might address some of these inequities. There are not only serious environmental justice issues that must be addressed by a water basin institution, but there are also special complications that would arise during the initial process of consolidating authority. Before that discussion proceeds, however, a brief history of the environmental justice movement is set forth for the benefit of readers who might not be familiar with this sociopolitical development. Following that introduction is a discussion of water-related environmental justice issues that a water basin institution might be expected to address.
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Women are no Longer Spared the Death Penalty because of their Gender
Elizabeth Rapaport
This title presents selections of contrasting viewpoints on the death penalty: first surveying centuries of debate on it; then questioning whether it is just; whether it is an effective deterrent; and whether it is applied fairly.
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Art Law: Cases and Materials
Sherri L. Burr, Leonard D. DuBoff, and Michael D. Murray
Offers a timely and panoramic view of this entire field of law. Designed as a primary text for courses on Law and the Visual Arts, Cultural Property Law, or Cultural Heritage Law, the three-part framework of this highly readable casebook explores Artists' Rights, Art Markets, and the International Preservation of Art and Cultural Property.
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Entertainment Law: Cases and Materials on Film, Television, and Music
Sherri L. Burr and William D. Henslee
This law school casebook provides insight into the entertainment industry and teaches law students how to protect the rights of entertainers. Leading directors, screenwriters, musicians, artists, and several others discuss the impact of the law or social issues on their work. The book also includes essays submitted by experts on particular cases, such as the OJ Simpson trial and the New Kids on the Block litigation and features chapters on “Globalization of The Entertainment Industry” and “The Devil Media Made Me Do It”—claims of industry responsibility for tortuous and violent behavior.
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Health Law: Selected Statutes and Regulations
Robert L. Schwartz and Thomas L. Greaney
A supplement aimed to provide students and practitioners with selected statutory provisions and regulations essential to the study and practice of health law.
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Water: Science, Policy and Management: Challenges and Opportunities
Denise Fort, Richard G. Lawford, Holly C. Hartman, and Susanna Eden
From the local to the global scale, water use and sustainability are issues of pressing importance. Never before has water science needed to inform water policy so much, and never before have we seen how challenging it is to advance that relationship.
How rapidly is the demand for water growing?
What climate- or pollution-imposed limits to water supplies exist, and how can we best manage them?
Will privatization benefit water management, resource development, and the environment?
How can science work more closely with the policy and engineering communities to perfect knowledge-based water planning?Water: Science, Policy, and Management discusses these issues, and more. Scientists in water research and geography, water policy experts, water managers and engineers, lawyers grappling with water issues, and environmentalists concerned with the state of water internationally will find this book a significant resource now and in the coming years.
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Celebrating Racialized Legal Narratives
Margaret E. Montoya
Book Summary:
What is Critical Race Theory? How did it develop? Where does it stand now? Where should it go in the future? In this volume, 31 CRT scholars present their views on the ideas and methods of CRT, its role in academia and in the culture at large, and its past, present and future.
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Dynamics of Trial Practice: Problems and Materials
Richard A. Gonzales
Contains Strategic Litigation Planning and Jury Selection; Opening Statement; Exercise in Res Ipsa Loquitur; Objections Which Make Strategic or Tactical Sense; Putting the Witness' Honesty and Intelligence on Display; Making Factual Assertions Under the Guise of Asking Questions; Using the Theory and Theme to Bracket Your Case and Using the Opposing Witnesses to Support Your Theory and Theme; Direct Examination of Expert Witnesses; Presenting Your Opinion Testimony Impressively But Clearly; Cross-Examination of Expert Witnesses; Demystifying Opposing Experts; Instructions Conference; Obtaining Judicial Imprimatur on Your Theory and Theme; Closing Argument; Using the Theory and Theme to Answer the "Why" Questions; Trial Motions.
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High and Dry: The Texas New Mexico Struggle for the Pecos River
G. Emlen Hall
Table of Contents and Preface only. While High and Dry focuses on clashes of principles and personalities, especially in the courtroom, it remains very much a story about a river and its world in an arid region. There are irrigators here, including the leading "old families" of southeastern New Mexico, and there is nature here, including "the vampires of the West," the rapacious salt cedars relentlessly sucking up the precious Pecos stream flow.