The Berkeley Law Library proudly presents Berkeley Law Books 2025

This review of the Supreme Court's October 2021 Term looks back at the major cases addressed by the Court and provides a valuable focus on the implications of these decisions. Written by Erwin Chemerinsky, Dean of the University of California at Berkeley School of Law, the book takes a neutral tone, neither praising nor criticizing the decisions, and organizes the case essays by topic.

Students and established scholars of intellectual property law often look for historical context when trying to understand the development and present-day contours of IP rules and systems. American Patent Law supplies this context, offering readers a comprehensive account of the evolution of the US patent system and patent doctrine beginning in 1790. From the technologies for harvesting wood and shoemaking in the earliest periods to computer software and biotechnology of the present, each chapter of the book covers the characteristic technologies of each historical era. The book also describes how businesspeople in each era acquired and enforced patents and used patents as the foundation of various business arrangements. This book is a landmark in the history of technologies, the US patent system, and the way private actors have deployed patents across American history.

Distinguished authorship characterizes Antitrust Analysis: Problems, Text, and Cases, first written by Phil Areeda, the leading antitrust commentator of the 20th century. The text continues to be revised by three of the leading lawyer economists of the early 21st century. This traditional casebook is also known for its pedagogy (cases, explanatory text, and problems) and insightful text that conveys essential background information along with necessary economic principles. Recognizing that the most important development in antitrust doctrine over the past fifty years is the increasingly central role of economic analysis, the authors take great care to convey economic learning to students in plain language with a minimum of technical apparatus, resulting in a powerful volume adopted by experienced instructors and first-time teachers alike. Helpful appendices include Selected Statutes, such as the Sherman Act, the Clayton Act, and the Federal Trade Commission Act.

New to the Eighth Edition:

• The addition of C. Scott Hemphill as a co-author, adding to the already distinguished author team.
• Since the last edition, antitrust enforcers and courts have struggled to grapple with the rising importance of platforms in our increasingly digital economy. The new edition gives extensive attention to these developments, including:
• The Supreme Court’s decision in Ohio v. American Express
• Major enforcement actions against Apple, Facebook, and Google
• New Vertical Merger Guidelines
• Completely rewritten and streamlined introductory material in Chapter 1.

Professors and student will benefit from:

• Distinguished authorship: Original author Areeda was the leading antitrust commentator of the 20th century; Kaplow, Edlin, and Hemphill are leading lawyer-economists of the early 21st century.
• Pedagogy: Traditional casebook with cases, explanatory text, and problems.
• Insightful textual explanations convey essential background information and necessary economic principles.
• Adopted by experienced instructors and first-time teachers alike.
• Appendix includes selected statutes and the Sherman Act, the Clayton Act, and the Federal Trade Commission Act.

Teaching materials Include:

• Teacher’s Manual

[A] legal guide for authors writing nonfiction works about real people. The guide was written by students in two clinical teams at the UC Berkeley Samuelson Law and Public Policy Clinic—Lily Baggott, Jameson Davis, Tommy Ferdon, Alex Harvey, Emma Lee, and Daniel Todd—as well as clinical supervisors Jennifer Urban and Gabrielle Daley, along with Authors Alliance’s Senior Staff Attorney, Rachel Brooke. The guide was edited by Executive Director Dave Hansen and former Executive Director, Brianna Schofield. This long list of names is a testament to the fact that it took a village to create this guide, and we are so excited to finally share it with our members, allies, and any and all authors who need it. You can read and download our guide here.

The Writing About Real People guide covers several different legal issues that can arise for authors writing about real people in nonfiction books like memoirs, biographies, and other narrative nonfiction projects. The issues it addresses are “causes of action” (or legal theories someone might sue under) based on state law. The requirements and considerations involved vary from state to state, so the guide highlights trends and commonalities among states. Throughout the guide, we emphasize that even though these causes of action might sound scary, the First Amendment to the U.S. Constitution in most cases empowers authors to write freely about topics of their choosing. The causes of action in this guide are exceptions to that rule, and each of them is limited in their reach and scope by the First Amendment’s guarantees.

The Concise Edition is a streamlined version for a 4-unit course. Concision is achieved in three ways. As in earlier versions of the concise edition, coverage of some basic materials is shortened by eliminating note materials and cases and a few principal cases. Some materials are reduced to notes that cover the basics. Examples in the materials on remedies include the requirement of certainty for lost profits as consequential damages, damages for emotional distress, and restitution in favor of the plaintiff in default. Some materials are eliminated entirely. These include the materials on the non-enforceability of donative promises, past consideration, third party beneficiaries, and assignment. As with the basic edition, the concise edition retains rich, full-bodied versions of the principal cases, a functionalist approach to the problems of contract law, and analytical notes on such issues as the differences between classical contract law and modern contract law. The new edition includes new materials on interpretation, unilateral mistake, race in contract law, and consumer form contracts.

The familiar story of civil rights goes like this: once, America’s legal system shut Black people out and refused to recognize their rights, their basic human dignity, or even their very lives. When lynch mobs gathered, police and judges often closed their eyes, if they didn’t join in. For Black people, law was a hostile, fearsome power to be avoided whenever possible. Then, starting in the 1940s, a few brave lawyers ventured south, bent on changing the law. Soon, ordinary African Americans, awakened by Supreme Court victories and galvanized by racial justice activists, launched the civil rights movement. In Before the Movement, acclaimed historian Dylan C. Penningroth brilliantly revises the conventional story. Drawing on long-forgotten sources found in the basements of county courthouses across the nation, Penningroth reveals that African Americans, far from being ignorant about law until the middle of the twentieth century, have thought about, talked about, and used it going as far back as even the era of slavery. They dealt constantly with the laws of property, contract, inheritance, marriage and divorce, of associations (like churches and businesses and activist groups), and more. By exercising these “rights of everyday use,” Penningroth demonstrates, they made Black rights seem unremarkable. And in innumerable subtle ways, they helped shape the law itself—the laws all of us live under today.

Penningroth’s narrative, which stretches from the last decades of slavery to the 1970s, partly traces the history of his own family. Challenging accepted understandings of Black history framed by relations with white people, he puts Black people at the center of the story—their loves and anger and loneliness, their efforts to stay afloat, their mistakes and embarrassments, their fights, their ideas, their hopes and disappointments, in all their messy humanness. Before the Movement is an account of Black legal lives that looks beyond the Constitution and the criminal justice system to recover a rich, broader vision of Black life—a vision allied with, yet distinct from, “the freedom struggle.”

The root of all inequality is the process of othering—and its solution is the practice of belonging

We all yearn for connection and community, but we live in a time when calls for further division along the well-wrought lines of religion, race, ethnicity, caste, and sexuality are pervasive. This ubiquitous yet elusive problem feeds on fears—created, inherited—of the "other." While the much-touted diversity, equity, and inclusion initiatives are undeniably failing, and activists narrowly focus on specific and sometimes conflicting communities, Belonging without Othering prescribes a new approach that encourages us to turn toward one another in unprecedented and radical ways.

The pressures that separate us have a common root: our tendency to cast people and groups in irreconcilable terms—or the process of "othering." This book gives vital language to this universal problem, unveiling its machinery at work across time and around the world. To subvert it, john a. powell and Stephen Menendian make a powerful and sweeping case for adopting a paradigm of belonging that does not require the creation of an "other." This new paradigm hinges on transitioning from narrow to expansive identities—even if that means challenging seemingly benevolent forms of community-building based on othering.

As the threat of authoritarianism grows across the globe, this book makes the case that belonging without othering is the necessary, but not the inevitable, next step in our long journey toward creating truly equitable and thriving societies. The authors argue that we must build institutions, cultivate practices, and orient ourselves toward a shared future, not only to heal ourselves, but perhaps to save our planet as well. Brimming with clear guidance, sparkling insights, and specific examples and practices, Belonging without Othering is a future-oriented exploration that ushers us in a more hopeful direction.

The United States is a nation of laws, and its Constitution and the rule of law have allowed it to confront and successfully navigate many threats to democracy throughout the nation’s complex history, including a Civil War. All of these threats challenged the nation in various ways, but never has there been a challenge to the truth of our elections like what happened on January 6, 2021.

The Insurrection represents a turning point in America’s history. In addition to the unprecedented assault on the U.S. Capitol, members of the government sought to undermine an election and supported an attack on the government.

Exposing the issues that led us to January 6, Beyond Imagination? brings together 14 deans of American law schools to examine the day’s events and how we got there, from a legal perspective, in hopes of moving the nation forward towards healing and a recommitment to the rule of law and the Constitution.

This book is an engaging and accessible text for a Business Associations or Corporations law course. The clear narrative that students love has been thoroughly streamlined and updated. It includes full chapters on agency, partnerships, and LLCs for professors who cover those topics, as well as important basics on accounting, valuation, and capital structure. Additionally, two new chapters on corporate purpose and personhood, CSR, benefit corporations, and ESG add depth on contemporary topics of interest. The book uses explanatory and thought-provoking breakout boxes, as well as points for discussion, to prepare students for lively classroom conversation.

This edition utilizes the CasebookPlus™ platform. Anchored by faculty-authored self-assessments, CasebookPlus allows students to test their understanding of core concepts as they are learning them in class with quizzes keyed to each chapter, subject area review quizzes, and helpful explanations. Learn more at Faculty-CasebookPlus.com.

This classic casebook, which has shown its staying power over almost forty years, provides students with a thorough understanding of all major environmental regulatory schemes as well as insight into current policy controversies. The book seeks to prepare students for a world in which doctrine remains important but even settled policies may be up for grabs. Beyond doctrine, students need a deep understanding of the policy debates and the ways in which political dynamics impact law and policy. The Eleventh Edition incorporates major new developments such as the Supreme Court's rulings in West Virginia v. EPA and Sackett v. EPA, Congress's complete rewrite of NEPA, and the clashing positions of the Biden and Trump Administrations.

The first casebook on the subject marks the contours of the field, including recent changes and developments, and provides a comprehensive understanding of the law and legal discourse relating to state regulation of sex, bodies, families, and reproduction. This compilation of rich historical and contemporary primary and secondary materials, accompanied by rigorous legal analysis, considers the economic, political, legal, and social factors that influence procreation and parenting. It is attentive to questions of race, ethnicity, socio-economic status, sexual orientation, and ability. Given that reproductive rights are implicated by different bodies of law, the casebook and teacher’s manual will serve as guides to help balance expertise in one particular area of the law and enable well-rounded engagement with various issues. The second edition has been updated to reflect changes in constitutional law and their implications for access to a range of reproductive technologies.

Climate Change Law is the first book to offer a concise, readable treatment of this entire rapidly evolving body of law. Climate law runs the gamut from state and local regulations to federal policies and international agreements and includes both public and private sector involvement. This issue is just too important to leave to specialists alone. The focus is on core concepts of climate change law rather than all of the complex details. The book begins by discussing the scientific and policy issues that frame the legal scheme, including the state of climate science, the meaning of the social cost of carbon, and the variety of tools that are available to reduce carbon emissions. It then covers in turn the international, national, and state efforts in this sphere. Finally, the book turns to the challenge of adapting to climate change, before exploring the concept of geoengineering and the potential challenges associated with using geoengineering as a tool for addressing climate change. The new edition covers major developments such as the Supreme Court’s decision in West Virginia v. EPA, Trump Administration rollbacks and their subsequent fates, climate litigation brought by state and local governments, and the implementation of the Paris Agreement. The book is designed to be accessible to a broad range of readers, not just those who have backgrounds in climate science, environmental economics, or law.

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.

For this 2024 Edition Nell Jessup Newton continues in her editorial role as co-editor-in-chief, along with Dean Kevin K. Washburn, who has contributed to the project since the 2005 edition, in addition to a roster of new and returning contributing authors—all experts in their respective fields.

In the 2024 Edition of the Handbook, the authors have relied on the excellent treatment of many areas of federal Indian law in the 1982 edition and also continued practices tracing back to the first edition, such as by providing a full treatment of the federal programs and services available to Indians and Indian tribes. New for the 2024 edition are many updates and a full chapter on administrative policymaking.

The world’s oceans play a vital role in everyday life, from climate regulation to food provision, and are widely recognized as a global commons. But they also face daunting challenges in the form of climate change, population growth, escalating pollution, and rapidly evolving technologies that speed the reach and pace of resource extractions. Common Currents: Examining How We Manage the Ocean Commons calls upon experts in international ocean law, policy, and science to explore the question to what extent—and to what effect—we currently manage the oceans as a global commons. This volume captures some key issues, questions, and lessons, to help enhance understanding of current practices and opportunities to grow collaborative management efforts.

A leading text by a prominent scholar, Constitutional Law is known for its concise, comprehensive, and student-friendly presentation. Professor Chemerinsky's frame of reference coupled with rich background information make the law more readily understood. Influenced by 40+ years of teaching, Constitutional Law is dedicated to students who have consistently expressed a preference for straightforward and accessible content. A flexible organization accommodates a variety of course structures; no chapter assumes that students have read preceding material. A complete Teacher’s Manual and Annual Case Supplement round out this acclaimed text.

New to the Seventh Edition:

Constitutional law has dramatically changed in the last few years. Changes in the law have required revisions throughout, creating a significantly different book than its predecessors. Since the sixth edition the Supreme Court has

• Overruled Roe v. Wade in Dobbs v. Jackson Women’s Health Organization
• Expanded Second Amendment rights in New York State Rifle and Pistol Association v. Bruen
• Effectively eliminated affirmative action in Students for Fair Admission v. University of North Carolina and Students for Fair Admission v. Harvard University
• Changed the law concerning the religion clauses of the First Amendment in cases such as Kennedy v. Bremerton School District, Carson v. Makin, and Fulton v. City of Philadelphia

In addition to the revisions necessitated by these updates to the law, the book has been carefully and thoroughly edited. A new design has been adopted to make navigating notes and cases more straightforward.

The overall approach of the book remains the same providing professors and students with:

• Focus on three types of material: major cases, heavily edited secondary cases, and essays
• Essays that provide context with historical background, development of the law in areas cases are not directly presented, and summaries of scholarly debates
• Straightforward, accessible prose
• Flexible organization
• Cases and materials edited to be as ideologically neutral as possible

Relied on by students, professors, and practitioners, Erwin Chemerinsky’s popular treatise clearly states the law and identifies the underlying policy issues in each area of constitutional law. Thorough coverage of the topic makes it appropriate for both beginning and advanced courses.

New to the 7th Edition:

Discussion of many new cases, including:

• Allen v. Cooper;
• American Legion v. American Humanist Association;
• Americans for Prosperity Foundation v. Bonta;
• California v. Texas;
• Calvary Chapel Dayton Valley v. Sisolak;
• Campbell-Ewald v. Gomez;
• Carr v. Saul;
• Carson v. Makin;
• Cedar Point Nursery v. Hassid;
• Central Virginia Community College v. Katz;
• City of Austin v. Reagan National Advertising;
• Collins v. Yellen;
• Davis v. Bandemer;
• Dept. of Commerce v. New York;
• Dobbs v. Jackson Women’s Health Organization;
• Espinoza v. Montana Department of Revenue;
• Franchise Tax Board v. Hyatt;
• Fulton v. City of Philadelphia;
• Gundy v. U.S.;
• June Medical Services LLC v. Russo;
• Kennedy v. Bremerton School District;
• Knick v. Township of Scott, Pennsylvania;
• Lamone v. Benisek;
• Mahanoy Area School District v. B.L.;
• Manhattan Community Access Corp. v. Halleck;
• Merrill v. Milligan;
• New York Rifle and Pistol Association. v. Bruen;
• New York State Rifle and Pistol Association., Inc. v. City of New York, NY;
• Our Lady of Guadalupe School v. Morrissey-Berru;
• PennEast Pipeline Co. v. New Jersey;
• Ramos v. Louisiana;
• Republican National Committee v. Democratic National Committee;
• Roman Catholic Diocese of Brooklyn v. Cuomo;
• Rucho v. Common Cause;
• Seila Law LLC v. Consumer Financial Protection Bureau;
• Siegel v. Fitzgerald;
• Shurtleff v. City of Boston;
• South Bay Pentecostal Church v. Newsom;
• Tandon v. Newsom;
• Tennessee Wine & Spirits Retailers Association. v. Thomas;
• Timbs v. Indiana;
• Torres v. Texas Dept. of Public Safety;
• TransUnion LLC v. Ramirez;
• Trump v. Hawaii;
• Trump v. Mazars USA, LLP;
• Trump v. Vance;
• U.S. v. Arthrex, Inc.;
• U.S. v. Sanchez-Gomez;
• U.S. v. Washington;
• Uzuegbunam v. Preczewski;
• Veith v. Jubelirer;
• West Virginia v. EPA; and
• Whole Woman’s Health v. Jackson

Benefits for instructors and students:

• Renowned authorship
• Examination of black-letter law and all the myriad issues of constitutional interpretation with unrivaled thoroughness and lucidity
• Excellent historical overview of the creation and ratification of constitution, examining the existential question of why we have a constitution

Learn how to devise preventive strategies to keep creditors out of court, and get information to use when researching consumer credit cases that actually reach litigation. Written for both those advising creditors and those representing the consumer, this text mirrors the chronological sequence of events in a consumer credit transaction. Coverage includes obtaining credit, Truth-in-Lending disclosures, regulation of the price of credit, debt collection, and the credit consumer's remedies for various problems. A unique appendix, organized by state, provides individual state laws on credit discrimination, credit reporting, holder in due course, and cooling off periods.

A clear, comprehensive, and cutting-edge introduction to the field of information privacy law with a focus on the crucial topic of the protection of consumer interests. This volume is perfect for a full three-credit course or a seminar. Read the latest cases and materials exploring issues of emerging technology, information privacy, financial data, consumer data, and data security.

New to the 4th Edition:

• Tighter editing and shorter chapters
• New case on facial recognition and the BIPA: Clearview AI
• Discussion of new FTC enforcement cases involving dark patterns and algorithm deletion
• Discussion of protections of reproductive health data after Dobbs
• New section on AI and algorithms
• New case on standing: TransUnion v. Ramirez
• New material about state consumer privacy laws

Get information on consumer protection laws that will allow you to represent businesses, advertisers, or consumers with greater expertise, authority, and confidence. Here is a step-by-step guide through all the legal and procedural complexities you are likely to encounter, covering topics such as consumer protection laws related to advertising, sales practices, unfair and deceptive trade practices, consumer fraud, and product warranties. A primary source of reference for attorneys and those professionals involved with modern consumer law.

Get information on consumer protection laws that will allow you to represent businesses, advertisers, or consumers with greater expertise, authority, and confidence. Here is a step-by-step guide through all the legal and procedural complexities you are likely to encounter, covering topics such as consumer protection laws related to advertising, sales practices, unfair and deceptive trade practices, consumer fraud, and product warranties. A primary source of reference for attorneys and those professionals involved with modern consumer law.

Features

• Surveys each topic through analysis of its administration, procedures, remedies, and litigation strategies
• Covers the UCC and the Magnuson-Moss Act; federal and FTC law, including "Little FTC Acts"
• Reviews common law, state consumer protection laws, federal odometer laws, home and car sales, warranties of habitability

This expanded version of the best-selling supplement contains significantly more material from Restatement (Second) of Contracts and more extensive treatment of international contract law. The standard edition, Contract Law: Selected Source Materials Annotated, 2024 Edition, is also available.

These additions come alongside the material from the standard edition that has made it a longstanding and valuable addition to the study of contract law: UCC Articles 1 and 2, together with excerpts from Articles 3 and 9; the Restatement (Second) of Contracts; the Uniform Electronic Transactions Act, E-SIGN; the ALI's Principles of Software Contracts; the CISG and UNIDROIT: other statutes, directives, and administrative regulations, including the Magnuson-Moss Warranty Act, selected FTC Regulations, and excerpts from the Bankruptcy Code, the Uniform Consumer Credit Code, Regulation Z; the United Kingdom Consumer Rights Statute, and numerous American Institute of Architects sample form contracts. Each major document is introduced by a short annotation that explains the origins of the document, its central purpose, and the scope of its application. This supplement is suitable for use with all contracts casebooks.

This best-selling supplement contains UCC Articles 1 and 2, together with excerpts from Articles 3 and 9; extensive portions of the Restatement (Second) of Contracts; the Uniform Electronic Transactions Act, E-SIGN; the ALI's Principles of Software Contracts; the CISG and UNIDROIT: other statutes, directives, and administrative regulations, including the Magnuson-Moss Warranty Act, selected FTC Regulations, and excerpts from the Bankruptcy Code, the Uniform Consumer Credit Code, Regulation Z; the United Kingdom Consumer Rights Statute, and numerous American Institute of Architects sample form contracts. Each major document is introduced by a short annotation that explains the origins of the document, its central purpose, and the scope of its application. This supplement is suitable for use with all contracts casebooks.

This 11th volume in the highly acclaimed Encyclopedia of Law and Economics provides a sophisticated summary of law and economics approaches to the most important topics in contemporary corporate law. The work is divided into three thematic parts, namely; corporate governance, securities regulation, and the law and economics of debt financing.

This compilation is designed to provide students with essential statutory provisions, rules, materials, and forms affecting conventional business corporations and other business organizations, and to give students a hands-on grasp of some of the tools with which lawyers and other professionals work in these areas. The materials are expertly arranged by leading scholars in the field and are intended for law school study. They include complete or selected provisions of state and federal statutes and rules, including SEC staff guidance on shareholder proposals in a company’s proxy statement; the Third Restatement of Agency; the ALI’s Principles of Corporate Governance, together with selected Comments; selected forms; and other materials. Included are the Delaware statutes for corporations and LLCs, among others, as well as the Model Business Corporation Act and select provisions from other states, which provide a rich array of comparative approaches. Illustrative documents such as the recently released ABA Model LLC Operating Agreement, a forum selection bylaw, a proxy form, the Johnson & Johnson no-action materials regarding arbitration bylaws, a governance agreement entered into with an activist investor, a poison pill rights plan, and a negotiated no-shop and fiduciary out provision will assist students’ understanding of the practical application of corporate and business law.

Written in a student-friendly manner, the fourth edition of Criminal Procedure eschews excessive reliance on rhetorical questions and law review excerpts in favor of comprehensive exploration of black letter law and current policy issues. Authored by a pair of well-respected criminal and constitutional law scholars, Criminal Procedure utilizes a chronological approach that guides students through criminal procedure doctrine from rules governing law enforcement investigation to doctrine concerning habeas corpus relief. In addition to presenting the perspectives from various stakeholders (e.g. defense attorneys, judges, prosecutors, and victims), the authors take care to provide students with useful, practice-oriented materials, including pleadings and motions papers. Criminal Procedure not only employs a systemic approach that takes students through each step of criminal adjudication, but also introduces issues at the forefront of modern criminal procedure debates.

New to the Fourth Edition:

• The Fourth Edition has been thoroughly updated to provide analysis of important, recent decisions in the area of Criminal Procedure, including several decisions from the Supreme Court’s most recent terms and discussion of policy issues at the forefront of criminal law.
• Changes in Investigations chapters:
• New sections on excessive police force and on damage remedies for Fourth Amendment violations
• New cases, including Carpenter v. United States (application of the Fourth Amendment to cellular location information); Torres v. Madrid (what is a seizure); Virginia v. Collins (automobile exception to the Fourth Amendment); United States v. Byrd (exclusionary rule case about the ability of an unauthorized driver of a rental car to challenge a police search); Kansas v. Glover (reasonable suspicion for a car stop); and additional cases (yet to be decided)
• Changes in Adjudication chapters:
• New cases, including McCoy v. Louisiana (Sixth Amendment right to counsel); Ramos v. Louisiana (trial by jury); Flowers v. Mississippi (jury composition and selection); Jones v. Mississippi (sentencing); Bucklew v. Precythe (the death penalty); and Gamble v. United States (the dual sovereignty doctrine in double jeopardy)

Professors and students will benefit from:

• Straightforward writing style and dynamic text
• Clear and not cluttered with law reviews excerpts
• Relies on cases and author essays rather than excerpts and rhetoric questions
• Presents thoughtfully edited principal and note cases
• Intuitive organization and chronological presentation
• Presents topics in easy-to-understand approach from investigation to prosecution to post-conviction relief
• Approachable organization based on common progression through criminal justice system
• Systematic and cohesive presentation of topics
• Explores underlying policy before heading into doctrinal specifics
• Practice-oriented features
• Discussion of important, modern criminal procedure issues
• Useful examples for future and current criminal law practitioners

Written in a student-friendly manner, the fourth edition of Criminal Procedure: Adjudication eschews excessive reliance on rhetorical questions and law review excerpts in favor of comprehensive exploration of black letter law and current policy issues. Authored by a pair of well-respected criminal and constitutional law scholars, Criminal Procedure: Adjudication utilizes a chronological approach that guides students through criminal procedure doctrine, from prosecution initiation to habeas corpus relief. In addition to presenting the perspectives from various stakeholders (e.g. defense attorneys, judges, prosecutors, and victims), the authors take care to provide students with useful, practice-oriented materials, including pleadings and motions papers. Criminal Procedure: Adjudication not only employs a systemic approach that takes students through each step of criminal adjudication, but also introduces issues at the forefront of modern criminal procedure debates.

New to the Fourth Edition:

• The Fourth Edition has been thoroughly updated to provide analysis of important, recent decisions in the area of Criminal Procedure, including several decisions from the Supreme Court’s most recent terms and discussion of policy issues at the forefront of criminal law.
• New cases include McCoy v. Louisiana (Sixth Amendment right to counsel); Ramos v. Louisiana (trial by jury); Flowers v. Mississippi (jury composition and selection); Jones v. Mississippi (sentencing); Bucklew v. Precythe (the death penalty); and Gamble v. United States (the dual sovereignty doctrine in double jeopardy)

Professors and student will benefit from:

• Straightforward writing style and dynamic text
• Clear and not cluttered with law reviews excerpts
• Relies on cases and author essays rather than excerpts and rhetoric questions
• Presents thoughtfully edited principal and note cases
• Intuitive organization and chronological presentation
• Presents topics in easy-to-understand approach from prosecution to post-conviction relief
• Approachable organization based on common progression through criminal justice system
• Systematic and cohesive presentation of topics
• Explores underlying policy before heading into doctrinal specifics
• Practice-oriented features
• Discussion of important, modern criminal procedure issues
• Useful examples for future and current criminal law practitioners

Teaching materials Include:

• Teacher’s Manual
• PowerPoints
• Practice exams
• Supplemental handouts and practice materials
• Companion video

Written in a student-friendly manner, the fourth edition ofCriminal Procedure: Investigation eschews excessive reliance on rhetorical questions and law review excerpts in favor of comprehensive exploration of black letter law and current policy issues. Authored by a pair of well-respected criminal and constitutional law scholars, Criminal Procedure: Investigation utilizes a chronological approach that guides students through criminal procedure doctrine, from rules governing searches and seizures to the right to counsel. In addition to presenting the perspectives from various stakeholders (e.g. prosecutors, defense counsel, judges, police, and victims), the authors take care to provide students with useful, practice-oriented materials, including pleadings and motions papers. Criminal Procedure: Investigation not only employs a systemic approach that takes students through each step of criminal investigation, but also introduces issues at the forefront of modern criminal procedure debates.

New to the Fourth Edition:

• The Fourth Edition has been thoroughly updated to provide analysis of important, recent decisions in the area of Criminal Procedure, including several decisions from the Supreme Court’s most recent terms and discussion of policy issues at the forefront of criminal law.
• New sections on excessive police force and on damage remedies for Fourth Amendment violations
• New cases include Carpenter v. United States (application of the Fourth Amendment to cellular location information); Torres v. Madrid (what is a seizure); Virginia v. Collins (automobile exception to the Fourth Amendment); United States v. Byrd (exclusionary rule case about the ability of an unauthorized driver of a rental car to challenge a police search); and Kansas v. Glover (reasonable suspicion for a car stop)

Professors and student will benefit from:

• Straightforward writing style and dynamic text
• Clear and not cluttered with law reviews excerpts
• Relies on cases and author essays rather than excerpts and rhetoric questions
• Presents thoughtfully edited principal and note cases
• Intuitive organization and chronological presentation
• Presents topics in easy-to-understand approach from investigation to prosecution to post-conviction relief
• Approachable organization based on common progression through criminal justice system
• Systematic and cohesive presentation of topics
• Explores underlying policy before heading into doctrinal specifics
• Practice-oriented features
• Discussion of important, modern criminal procedure issues
• Useful examples for future and current criminal law practitioner

This book is the culmination of a collaboration between National Taiwan University's College of Law and the Robbins Collection and Research Center at Berkeley Law. The essays included in this volume engage with topics including comparative criminal law, regulatory law, administrative law, the judiciary, and more. These essays were presented at a multiyear series of conferences that brought together scholars from both universities.

“A masterful guide to the interplay between cybersecurity and its societal, economic, and political impacts, equipping students with the critical thinking needed to navigate and influence security for our digital world.” —JOSIAH DYKSTRA, Trail of Bits

“A comprehensive, multidisciplinary introduction to the technology and policy of cybersecurity. Start here if you are looking for an entry point to cyber.” —BRUCE SCHNEIER, author of A Hacker’s Mind: How the Powerful Bend Society’s Rules, and How to Bend Them Back

The first-ever introduction to the full range of cybersecurity challenges

Cybersecurity is crucial for preserving freedom in a connected world. Securing customer and business data, preventing election interference and the spread of disinformation, and understanding the vulnerabilities of key infrastructural systems are just a few of the areas in which cybersecurity professionals are indispensable. This textbook provides a comprehensive, student-oriented introduction to this capacious, interdisciplinary subject.

Cybersecurity in Context covers both the policy and practical dimensions of the field. Beginning with an introduction to cybersecurity and its major challenges, it proceeds to discuss the key technologies which have brought cybersecurity to the fore, its theoretical and methodological frameworks and the legal and enforcement dimensions of the subject. The result is a cutting-edge guide to all key aspects of one of this century’s most important fields.

Cybersecurity in Context is ideal for students in introductory cybersecurity classes, and for IT professionals looking to ground themselves in this essential field.

A flexible, concise, and engaging casebook, Evidence: Cases, Commentary, and Problems focuses on core concepts and central controversies in evidence law, presented through tightly edited cases, stimulating commentary from a wide range of perspectives, and carefully crafted problems. The sixth edition, while as streamlined and teachable as its predecessors, includes excerpts from more than seventy new cases (including six from the United States Supreme Court), portions of close to thirty new articles by a diverse array of scholars, excerpts from new Advisory Committee notes, and half a dozen new problems. There are new materials on evidentiary issues in cases of sexual assault and abuse, along with new cases and commentary addressing, for example, the use of rap lyrics as evidence, the challenge of “deep fakes,” the evidentiary uses of artificial intelligence, issues of race and gender in character evidence and impeachment, and other key topics. The casebook is well known for its teacher’s manual, which offers clear problem answers and concrete guidance for the classroom.

New to the 6th Edition:

• New materials on evidentiary issues in cases of sexual assault and abuse, along with new cases and commentary addressing, for example, the use of rap lyrics as evidence, the challenge of “deep fakes,” the evidentiary uses of artificial intelligence, and other key topics
• Updated materials on scientific proof and digital evidence and on issues of race and gender
• Excerpts from more than 70 new cases and close to 30 new articles
• New problems and editorial material throughout

Professors and students will benefit from:

• Extraordinarily strong teacher’s manual with detailed lesson plans and clear answers to all the problems.
• Two authors who were both trial lawyers (one a prosecutor, one a public defender), who have received campus-wide teaching awards, and who enjoy interacting with and sharing ideas and materials with teachers who use the book.
• Flexible structure that allows the book to be taught cover-to-cover in a four-unit, one-semester class, but also can be abridged or rearranged to suit course length and instructor’s preferences.
• Comprehensive coverage with a wide range of perspectives.
• Text written with clarity and concision, including well-selected and tightly edited cases.
• Balanced mix of cases, commentary, and problems covering relevance, hearsay, character evidence, impeachment, privilege, expert testimony, and authentication.
• Well-written introductory materials identify key issues, important distinctions, and common sources of confusion.

Federal Courts deservedly have the reputation of being an exceptionally difficult course, and this book is designed to make it accessible to students by providing the context of cases and doctrines, as well as explaining their relevance to the issues being litigated in the 21st century. Federal Courts in Context supports what pedagogic research calls “deep learning.” It does so by framing federal jurisdiction and structural constitutional law using clear, concise explanations of the social and historical context of canonical cases to reveal the concrete stakes of traditional debates about federal judicial power. The result is an engaging, accessible, and richly textured account of the subject supporting not only more sophisticated doctrinal and jurisprudential analysis but also the necessary foundation for inclusive pedagogy in the training of diverse 21st-century lawyers. The focus is on canonical cases and their context rather than notoriously dense treatise-like material common to other books in the field. The book is also organized to dovetail with Erwin Chemerinsky’s Federal Jurisdiction to maximize the accessibility of the casebook content and learning outcomes.

Benefits for instructors and students:

• Structured to pair with the most commonly used secondary reference in the field, Erwin Chemerinsky’s Federal Jurisdiction.
• Focuses on canonical cases and excerpts rather than long, dense notes and treatise-like material.
• Directly addresses the structural constitutional significance of the Civil War, Reconstruction Amendments, and the retreat from Reconstruction for federalism, the modern Court’s federalism revival, and separation of powers.
• Makes explicit the influences of Indian Removal, allotment, and the late nineteenth-century extension of the American empire on doctrines of sovereignty, jurisdiction, plenary power, and non-Article III courts.
• Provides interdisciplinary contextualization of the labor movement, the New Deal, and the reproductive rights movement to enrich analysis of reverse-Erie cases, the rise of the administrative state, agency adjudication, and standing.
• Marries doctrinal and theoretical precision about the course’s core concepts (federalism, separation of powers, the Supremacy Clause, and jurisdiction) with legal realist sensibilities and attention to how ordinary people are affected by structural constitutional law, rather than abstractions, Socratic questions without answers, or other pedagogic techniques divorced from the research on deep learning.

How and when is income taxable? To whom will it be taxable? This Nutshell summarizes the U.S. federal income tax law for individuals, defines income, and identifies the different types of deductions available to a taxpayer. The book explains statutory inclusions and exclusions from gross income, profit-related deductions, mixed deductions, personal deductions, other allowances, and the rules for determining taxable income. Sales and dispositions of property, taxation of capital gains and losses, and special tax rates are covered. The book also explores the policy and purposes of, and alternatives to, existing legal rules.

Fundamentals of U.S. Law by Fernholz and Collova introduces LLM students to the common law method of case analysis through concentrated study of topics in Tort and Constitutional Law.

Fundamentals of U.S. Law teaches the “how” of legal practice in the United States. Students learn how to read cases, synthesize rules from reasoning, apply those rules to novel situations, and predict how the law may develop. The authors, two experienced lawyering skills instructors, use a half dozen fascinating and controversial topics to teach the signature skill of the common-law case method.

Highlights of the First Edition:

LLM students are bright, motivated, legally sophisticated, and ready to succeed. Fundamentals of U.S. Law plays to their strengths and mitigates their weaknesses. The textbook starts with a very short introduction to the legal system in the United States, followed by a discussion of one example of state common-law development. The rest of the textbook presents a set of interlinked topics of American constitutional law, all of which are likely to immediately engage student interest. No boring topics allowed.

• Students learn how courts use their decisions to create new law, the hallmark of common-law case development.
• Students also learn the fundamental skills of case analysis, including rule identification, rule synthesis, and application of the rule to novel facts.
• Students learn to apply these skills in American-style law school examinations.

Professors and students will benefit from:

• Lightly-edited cases in topics most likely to interest lawyers educated outside of the United States
• Extensive introductions before each case, placing the case in historical and legal context and indicating those issues the student should consider while reading the case
• Extensive editorial notes in the initial cases to help students read cases more efficiently and effectively
• Notes that particularly focus on developing the skills of common-law case analysis
• Sample exam questions at or near the end of each chapter

Today, almost anyone can upload and disseminate newsworthy content online, which has radically transformed our information ecosystem. Yet this often leaves us exposed to content produced without ethical or professional guidelines. In Graphic, Alexa Koenig and Andrea Lampros examine this dynamic and share best practices for safely navigating our digital world. Drawing on the latest social science research, original interviews, and their experiences running the world's first university-based digital investigations lab, Koenig and Lampros provide practical tips for maximizing the benefits and minimizing the harms of being online. In the wake of the global pandemic, they ask: How are people processing graphic news as they spend more time online? What practices can newsrooms, social media companies, and social justice organizations put in place to protect their employees from vicarious trauma and other harms? Timely and urgent, Graphic helps us navigate the unprecedented psychological implications of the digital age.

The Eighth Edition of this classic casebook includes numerous revisions to capture major changes in the law, including to the doctrine of justiciability, to the Supreme Court's emergency docket, and to the role of equity in federal courts. The book’s depth of coverage and intellectual rigor remain unrivaled. In addition, several of the chapters have been consolidated and reorganized to make the materials easier to teach and more accessible to students. Many new introductory and explanatory notes help to frame the key issues raised by the materials. Moreover, the editors’ judicious revision and trimming of older material will permit assignments of manageable length, without sacrificing the scholarly comprehensiveness that has always been the Hart & Wechsler hallmark.

This supplement brings the principal text current with recent developments in the law.

Homeless Advocacy examines the role legal advocacy plays in preventing and ending homelessness. The book provides a history of homelessness, the current state of it in the United States, context on working with unhoused populations, and analyzes the legal issues they face through a practitioner's lens. With these topics, ranging from criminalization of homelessness to employment barriers and affordable housing, the author provides a resource that will encourage and enable more people to advocate on behalf of unhoused populations and will serve as a guidepost to advance that advocacy.

There are many books on poverty, but this book is different and complementary as it focuses on the unhoused population and the legal challenges unique to them. It is aimed at law students, policy makers, social work students at the undergraduate and graduate levels, and individual activists. It includes narratives from practitioners and those with lived experience of being unhoused.

Subverting the narrative that the legal profession must be austere and controlled, this prescient How to guide addresses the crucial need for holistic, trauma-centred law teaching. It advocates for a healthier, more inclusive profession by identifying strategies to engage, and even encourage, emotions within legal education.

A clear, comprehensive, and cutting-edge introduction to the field of information privacy law, with the latest cases and materials exploring issues of emerging technology, information privacy, algorithmic decisions, AI, data security, and European data protection law.

New to the 8th Edition:

• Tighter editing and shorter chapters
• New sections about AI and algorithms in law enforcement (Chapter 4), consumer privacy (Chapter 9), and employment privacy (Chapter 12)
• New cases: MD Anderson, Loomis v. Wisconsin, Clearview AI
• Discussion of post-Carpenter cases
• Discussion of new FTC enforcement cases involving dark patterns and algorithm deletion
• Discussion of protections of reproductive health data after Dobbs

Benefits for instructors and students:

• Extensive coverage of FTC privacy enforcement, HIPAA and HHS enforcement, and standing in privacy lawsuits, among other topics
• Chapters devoted exclusively to data security, national security, employment privacy, and education privacy
• Sections on government surveillance and freedom to explore ideas
• Engaging approach to complicated laws and regulations such as HIPAA, FCRA, ECPA, GDPR, and CCPA

We are pleased to announce publication of Intellectual Property in the New Technological Age: 2022 (Volume I: Perspectives, Trade Secrets & Patents and Volume II: Copyrights, Trademarks & State IP Protections). It covers the Supreme Court's IP cases from the current Term and other recent developments. The format and coverage follows IPNTA2021. In addition, we will continue to offer Intellectual Property Statutes. IPNTA has long been the best-selling general intellectual property coursebook. The volumes are priced dramatically below traditional publisher pricing: Volume I sells for $27; Volume II sells for $32; and IP Statutes sells for $32. During our six years of self-publishing, students saved over $5 million compared to traditional publisher pricing.

While the books are designed to work together for a survey course, they are available for sale separately. Some professors teaching one, two, or three credit IP courses focusing on trade secret law, patent law, copyright law, trademark law, IP in entertainment law, or some combination thereof have adopted Volume I or Volume II. The Introductory and Trade Secret chapters are available for free download.

We continue to offer Intellectual Property in the New Technological Age: 2023 (Volume I: Perspectives, Trade Secrets & Patents and Volume II: Copyrights, Trademarks & State IP Protections) for 2024. It covers the Supreme Court's IP cases from the current Term and other recent developments. In addition, we will continue to offer Intellectual Property Statutes. IPNTA has long been the best-selling general intellectual property coursebook. The volumes are priced substantially below traditional publisher pricing: Volume I sells for $30; Volume II sells for $37; and IP Statutes sells for $37. During our seven years of self-publishing, students saved over $8 million compared to traditional publisher pricing.

While the books are designed to work together for a survey course, they are available for sale separately. Some professors teaching one, two, or three credit IP courses focusing on trade secret law, patent law, copyright law, trademark law, IP in entertainment law, or some combination thereof have adopted Volume I or Volume II. The Introductory and Trade Secret chapters are available for free download.

We are pleased to announce publication of Intellectual Property in the New Technological Age: 2022 (Volume I: Perspectives, Trade Secrets & Patents and Volume II: Copyrights, Trademarks & State IP Protections). It covers the Supreme Court's IP cases from the current Term and other recent developments. The format and coverage follows IPNTA2021. In addition, we will continue to offer Intellectual Property Statutes. IPNTA has long been the best-selling general intellectual property coursebook. The volumes are priced dramatically below traditional publisher pricing: Volume I sells for $27; Volume II sells for $32; and IP Statutes sells for $32. During our six years of self-publishing, students saved over $5 million compared to traditional publisher pricing.

While the books are designed to work together for a survey course, they are available for sale separately. Some professors teaching one, two, or three credit IP courses focusing on trade secret law, patent law, copyright law, trademark law, IP in entertainment law, or some combination thereof have adopted Volume I or Volume II. The Introductory and Trade Secret chapters are available for free download.

We continue to offer Intellectual Property in the New Technological Age: 2023 (Volume I: Perspectives, Trade Secrets & Patents and Volume II: Copyrights, Trademarks & State IP Protections) for 2024. It covers the Supreme Court's IP cases from the current Term and other recent developments. In addition, we will continue to offer Intellectual Property Statutes. IPNTA has long been the best-selling general intellectual property coursebook. The volumes are priced substantially below traditional publisher pricing: Volume I sells for $30; Volume II sells for $37; and IP Statutes sells for $37. During our seven years of self-publishing, students saved over $8 million compared to traditional publisher pricing.

While the books are designed to work together for a survey course, they are available for sale separately. Some professors teaching one, two, or three credit IP courses focusing on trade secret law, patent law, copyright law, trademark law, IP in entertainment law, or some combination thereof have adopted Volume I or Volume II. The Introductory and Trade Secret chapters are available for free download.

We are pleased to announce publication of Intellectual Property in the New Technological Age: 2022 (Volume I: Perspectives, Trade Secrets & Patents and Volume II: Copyrights, Trademarks & State IP Protections). It covers the Supreme Court's IP cases from the current Term and other recent developments. The format and coverage follows IPNTA2021. In addition, we will continue to offer Intellectual Property Statutes. IPNTA has long been the best-selling general intellectual property coursebook. The volumes are priced dramatically below traditional publisher pricing: Volume I sells for $27; Volume II sells for $32; and IP Statutes sells for $32. During our six years of self-publishing, students saved over $5 million compared to traditional publisher pricing.

While the books are designed to work together for a survey course, they are available for sale separately. Some professors teaching one, two, or three credit IP courses focusing on trade secret law, patent law, copyright law, trademark law, IP in entertainment law, or some combination thereof have adopted Volume I or Volume II. The Introductory and Trade Secret chapters are available for free download.

We continue to offer Intellectual Property in the New Technological Age: 2023 (Volume I: Perspectives, Trade Secrets & Patents and Volume II: Copyrights, Trademarks & State IP Protections) for 2024. It covers the Supreme Court's IP cases from the current Term and other recent developments. In addition, we will continue to offer Intellectual Property Statutes. IPNTA has long been the best-selling general intellectual property coursebook. The volumes are priced substantially below traditional publisher pricing: Volume I sells for $30; Volume II sells for $37; and IP Statutes sells for $37. During our seven years of self-publishing, students saved over $8 million compared to traditional publisher pricing.

While the books are designed to work together for a survey course, they are available for sale separately. Some professors teaching one, two, or three credit IP courses focusing on trade secret law, patent law, copyright law, trademark law, IP in entertainment law, or some combination thereof have adopted Volume I or Volume II. The Introductory and Trade Secret chapters are available for free download.

The Sixteenth Edition continues with its comprehensive coverage of the constitutional, statutory, and ethical rules regulating the criminal investigative processes with clear statements of the black-letter law as well as inclusion of the most thoughtful and provocative commentary available. The authors bring together the latest statistics, relevant legislative trends, and insightful policy and scholarly debates, facilitating critical analysis of the process and its potential reforms. The new edition presents revised materials on search and seizure; pays increased attention to history, race and racial justice; covers the latest empirical studies; and frames the issues in a way that makes this textbook the nation’s premier text for teaching criminal procedure.

Responding to ever-increasing pressures of migration, states, supranational, and subnational actors deploy complex moves and maneuvers to reconfigure borders, rights, and territory, giving rise to a changing legal cartography of international relations and international law. The purpose of this volume is to study this new reconfiguration of rights, territoriality, and jurisdiction at the empirical and normative levels and to examine its implications for the future of democratic governance within and across borders. Written by a diverse and accomplished group of scholars, the chapters in this volume employ legal, historical, philosophical, critical, discursive, and postcolonial perspectives to explore how the territoriality of the modern states—ostensibly, the most stable and unquestionable element undergirding the current international system—has been rewritten and dramatically reimagined. This title is also available as Open Access on Cambridge Core.

The common law, which is made by courts, consists of rules that govern relations between individuals, such as torts (the law of private wrongs) and contracts. Legal Reasoning explains and analyzes the modes of reasoning utilized by the courts in making and applying common law rules. These modes include reasoning from binding precedents (prior cases that are binding on the deciding court); reasoning from authoritative although not binding sources, such as leading treatises; reasoning from analogy; reasoning from propositions of morality, policy, and experience; making exceptions; drawing distinctions; and overruling. The book further examines and explains the roles of logic, deduction, and good judgment in legal reasoning. With accessible prose and full descriptions of illustrative cases, this book is a valuable resource for anyone who wishes to get a hands-on grasp of legal reasoning.

Being an M&A practitioner or litigator requires not only a knowledge of the law—the statutes, cases, and regulations—but also the documentation and the practices within the transacting community. This book prepares students for practice. The third edition includes and explains deal documentation, and discusses how negotiations proceed, referencing both the relevant law and transacting norms. It covers Federal and State law, as well as other relevant regulatory regimes involving antitrust, national security, FCPA and other issues. It has questions designed to get students to understand the law and the underlying policy, and problems to get students familiar with transaction structuring.

Modern Contract Law is both a short treatise on contract law, aimed primarily at students, and a study of how classical contract law, which predominated from the middle of the nineteenth century to the middle of the twentieth, has largely been replaced by modern contract law. As a short treatise, Modern Contract Law states the rules of contract law; explains the rules; and sets out the justifications of the rules for the purpose of furthering their understanding. As a study of how classical contract law was largely replaced by modern contract law, Modern Contract Law states the rules of classical contract law because first, those rules provide a background to modern contract law, and second, some of those rules are still in place.

This supplement brings the principal text current with recent developments in the law.

A groundbreaking work from one of America’s leading legal scholars, No Democracy Lasts Forever audaciously asserts that the only way a polarized America can avoid secession is to draft a new Constitution.

The Constitution has become a threat to American democracy. Due to its inherent flaws—its treatment of race, dependence on a tainted Electoral College, a glaringly unrepresentative Senate, and the outsized influence of the Supreme Court—Erwin Chemerinsky, the dean of Berkeley Law School and one of our foremost legal scholars, has come to the sobering conclusion that our nearly 250-year-old founding document can no longer hold.

Much might be fixed by Congress or the Supreme Court, but they seem unlikely to do so. One might logically conclude that amending the Constitution would solve the problem, yet logic seldom takes precedent, given that only fifteen of the 11,848 amendments proposed since 1789 have passed. Chemerinsky contends that without major changes, the Constitution is beyond redemption in that it has created a government that can no longer deal with the urgent issues, such as climate change and wealth inequalities, that threaten our nation and the world.

Yet political Armageddon can still be avoided, Chemerinsky writes, if a new constitutional convention is empowered to replace the Constitution of 1787. Just as the Founding Fathers replaced the faulty Articles of Confederation that same year, we must, No Democracy Lasts Forever argues, rewrite the entire Constitution from start to finish.

Still, Chemerinsky goes further than that, suggesting that without serious changes Americans may be on the path to various forms of secession based on a recognition that what divides us as a country is, in fact, greater than what unites us. No Democracy Lasts Forever asserts with exceptional clarity that if the problems with the Constitution are not fixed, we are ineluctably heading toward a crisis where secession is, indeed, possible and where it will be necessary to think carefully about how to preserve the United States as a world power in a very different form of government.

Despite these troubles, Chemerinsky remains hopeful, revealing how the past offers hope that change can happen. The United States has been through enormously challenging and divisive times before, with a civil war and the Great Depression, and Chemerinsky ultimately shows that it may still be possible to cure the defects and save American democracy at the same time.

How does a group that lacks legal status organize its members to become effective political activists? In the early 2000s, Arizona's campaign of "attrition through enforcement" aimed to make life so miserable for undocumented immigrants that they would "self-deport." Undocumented activists resisted hostile legislation, registered thousands of new Latino voters, and joined a national movement to advance justice for immigrants. Drawing on five years of observation and interviews with activists in Phoenix, Arizona, Kathryn Abrams explains how the practices of storytelling, emotion cultures, and performative citizenship fueled this grassroots movement. Together these practices produced both the "open hand" (the affective bonds among participants) and the "closed fist" (the pragmatic strategies of resistance) that have allowed the movement to mobilize and sustain itself over time.

A clear, comprehensive, and cutting-edge introduction to the field of information privacy law focusing on the regulation of the media. This volume contains the latest cases and materials exploring issues of emerging technology, information privacy and information gathering, disclosure of truthful information, dissemination of false information, appropriation of names or likenesses, and privacy protections for anonymity and receipt of ideas.

New to the 5th Edition:

• Tighter editing and shorter chapters
• Up to the date coverage of media cases impacting on the right of publicity
• Expanded discussion of online harassment

The sixth edition of the popular Privacy Law Fundamentals incorporates extensive new developments in privacy law. Privacy Law Fundamentals delivers vital information in a concise and digestible manner. It includes key provisions of privacy statutes; leading cases; tables summarizing the statutes; summaries of key state privacy laws; and overviews of various agency enforcement actions. Privacy Law Fundamentals is designed to serve as a primer of the essential information one needs to know about the field. For the student of privacy law or the beginning privacy professional, the book will provide an overview that can be digested readily. For the more seasoned and experienced, the book will serve as a handy reference guide, a way to refresh one’s memory of key components of privacy laws and central cases. It will help close gaps in knowledge and inform on areas of the field about which one wants to know more.

“Privacy Law Fundamentals, Seventh Edition” incorporates extensive new developments in privacy law. It analyzes key provisions of privacy statutes and leading cases. This concise treatise includes tables summarizing the most important statutes and summaries of key state privacy laws. Coverage includes overviews of various agency enforcement actions.

This book serves both as a powerful reference guide for seasoned privacy professionals and easily digestible guide for privacy law students. It belongs front-and-center on the desk of all those who work in or study privacy law.

Topics covered

• FTC Enforcement
• Privacy and the Media
• The Privacy Torts
• The First Amendment and Privacy
• Privacy and Law Enforcement
• Wiretap Law
• HIPAA
• Privacy Rights in Government Records
• Financial Data and the Gramm Leach Bliley Act
• Personally Identifiable Information
• Children’s Online Privacy Protection Act
• Employment Privacy
• EU Developments
• Ransomware
• National security economic controls, trade limits, and equipment bans

A clear, comprehensive, and cutting-edge introduction to the field of information privacy law with a focus on law enforcement and national security issues. This volume contains the latest cases and materials exploring issues of emerging technology, information privacy, privacy and law enforcement, national security, and foreign intelligence.

New to the 4th Edition:

• Tighter editing and shorter chapters
• New section about AI and algorithms in law enforcement
• New case on algorithmic decision-making: Loomis v. Wisconsin
• Discussion of post-Carpenter cases
• New Appendix A: Full text of the Electronic Communications Privacy Act
• New Appendix B: Full text of the Foreign Intelligence Surveillance Act

This comprehensive textbook applies economic analysis to public law. The economic analysis of law has revolutionized legal scholarship and teaching in the last half-century, but it has focused mostly on private law, business law, and criminal law. This book extends the analysis to fundamental topics in public law, such as the separation of government powers, regulation by agencies, constitutional rights, and elections. Every public law involves six fundamental processes of government: bargaining, voting, entrenching, delegating, adjudicating, and enforcing. The book devotes two chapters to each process, beginning with the economic theory and then applying the theory to a wide range of puzzles and problems in law. Each chapter concentrates on cases and legal doctrine, showing the relevance of economics to the work of lawyers and judges. Featuring lucid, accessible writing and engaging examples, the book addresses enduring topics in public law as well as modern controversies, including gerrymandering, voter identification laws, and qualified immunity for police.

In Racing to Justice, renowned social justice advocate john a. powell persuasively argues that we have yet to achieve a truly post-racial society and that there is much work to be done to redeem the American promise of inclusive democracy.

Gathered from a decade of writing about social justice and spirituality, these meditations on race, identity, and social policy provide an outline for laying claim to our shared humanity and a way toward healing ourselves and securing our future. With an updated foreword and a new chapter on polarization, this new edition continues to challenge us to replace the attitudes and institutions that promote and perpetuate social suffering with those that foster relationships and a way of being that transcends disconnection and separation.

Racing to Justice is a thought-provoking book that offers readers a look into the issues that continue to plague our society. It is reminder that we have yet to address and reckon with the challenges we face in providing equal opportunities for all people in this country and the world.

What makes private law private? What is its domain? What are the values it promotes? Relational Justice: A Theory of Private Law addresses these foundational questions in a robust analysis of the key doctrines of private law, including torts, contracts, and restitution.

Discarding the vision of private law as a bastion of negative duties of non-interference or efficiency maximization, this book reframes private law in terms of what it calls 'relational justice'—reciprocal respect for self-determination and substantive equality. By vindicating self-determination, private law can forge the horizontal interactions vital to the ability to shape and implement a conception of the good life. By structuring these interactions in terms requiring parties to respect one another for who they are, private law can cast them as interactions between equals.

In the book's first part, the authors set out a normative position they term relational justice, whereby the rules of private law abide by the fundamental maxim of reciprocal respect for self-determination and substantive equality. The second part of the book applies this framework to an analysis of familiar private law doctrinal areas, followed by a third part charting newer areas including workplace safety, poverty, discrimination, and implications for international law. Throughout, the authors show how relational justice theory provides a normative vocabulary for evaluating core features of existing private law, while suggesting directions for necessary or desirable reforms.

A conservative supreme court is poised to roll back many progressive achievements of the late twentieth century, from affirmative action to abortion. Income and wealth inequality are a continuing—and growing—disgrace. Structural barriers to democracy impede popular accountability, from the Senate to the Electoral College, and the orderly transfer of power is itself under threat. All the while, the U.S. criminal justice system—with its powerful racial inflection—remains the most punitive such system on our burning planet.

A progressive response to today’s challenges demands a decisive break from postwar liberal legalism. Legal scholars Joseph Fishkin and William E. Forbath argue that a progressive response to these challenges demands a decisive break from postwar liberal legalism. After the New Deal, they argue, liberals sought to cordon off both law and the economy from democratic politics. For a brief period, judicial supremacy—with the Supreme Court settling the meaning of the Constitution—looked like a good bet, yielding greater civic inclusion and deference for progressive legislation. In the end, though, it was a poisoned pawn, as judges won unprecedented power to constrain legislative initiatives and threaten the affirmative state. The alternative, Fishkin and Forbath contend, is to recover a lost vision of progressive politics—what they call the democracy-of-opportunity tradition. That tradition marries a substantive, political-economic vision—a racially inclusive, anti-oligarchic Constitution—with a democratic conception of the public, not the judiciary, as the ultimate arbiter of constitutional meaning. Respondents explore the prospects of this ambitious proposal and wonder whether it is ambitious enough to address our most serious challenges.

Other essays in this special issue—designed with the help and guidance of Boston Review contributing editor Amy Kapczynski— further reflect on the meaning of law beyond the Constitution and the courts. Some look to social movements, from queer liberation to reproductive and racial justice, for lessons about social transformation and the limits of legal demands. Others examine contested legal concepts, including human rights and Martin Luther King, Jr.’s conception of “unjust laws.” Together they offer a nuanced picture of the relationship between law and politics. As Paul Gowder notes in his contribution, our moment of legal precarity might best be served by what critical race theorist Mari Matsuda once called “multiple consciousness.” In a deeply unequal society, the law can certainly impede progress, but it also remains an essential resource in building a more just world.

In The Administrative State Before the Supreme Court: Perspectives on the Nondelegation Doctrine, leading scholars consider a revival of the Constitution’s nondelegation doctrine—the separation-of-powers principle that bars Congress from transferring its legislative powers to the administrative agencies. Although the nondelegation doctrine has lain dormant since 1935, some Supreme Court justices have recently called for its return. As the Supreme Court takes up the doctrine in current cases, this volume makes a timely contribution to our understanding of the separation of powers and the Constitution.

This work makes a richly humanitarian case for parental school choice, seeking to advance social justice and respect the dignity of parents—especially those on the margins.

For decades, arguments in favor of school choice have largely been advanced on the basis of utility or outcome rather than social justice and human dignity. The Case for Parental Choice: God, Family, and Educational Liberty offers a compelling and humanitarian alternative. This volume contains an edited collection of essays by John E. Coons, a visionary legal scholar and ardent supporter of what is perhaps best described as a social justice case for parental school choice. Few have written more prodigiously or prophetically about the need to give parents—particularly poor parents—power over their children’s schooling. Coons has been an advocate of school choice for over sixty years, and indeed remains one of the most articulate proponents of a case for school choice that promotes both low-income parents and civic engagement, as opposed to mere efficiency or achievement. His is a distinctively Catholic voice that brings powerful normative arguments to debates that far too often get bogged down in disputes about cost savings and test scores.

The essays collected herein treat a wide variety of topics, including the relationship between school choice and individual autonomy; the implications of American educational policy for social justice, equality, and community; the impact of public schooling on low-income families; and the religious implications of school choice. Together, these pieces make for a wide-ranging and morally compelling case for parental choice in children’s schooling.

From the same author of the highly successful Constitutional Law, Seventh Edition, a leading casebook in the field, The First Amendment by Erwin Chemerinsky provides a comprehensive and accessible review of speech and religion jurisprudence under the First Amendment (Chapters 9 and 10 of Constitutional Law, Seventh Edition). With its concise, yet comprehensive presentation, The First Amendment presents the law solely through case excerpts and the author’s own essays, which make the law more readily understood through context and background information. The text’s flexible organization accommodates a variety of course structures so that no chapter assumes that students have read preceding material.

New to the Third Edition—New cases:

• City of Austin, Texas v. Reagan National Advertising of Texas (the distinction between content-based and content-neutral laws)
• 303 Creative LLC v. Elenis (compelled speech)
• Counterman v. Colorado (true threats)
• Mahanoy Area School District v. B.L. (speech in authoritarian environments)
• Fulton v. City of Philadelphia; Roman Catholic Diocese of Brooklyn v. Cuomo; and Tandon v. Newsom (the Free Exercise Clause)
• Kennedy v. Bremerton School District (religion as a part of government activities)

Benefits for instructors and students:

• Concise, yet comprehensive presentation
• Annual case supplement
• Leading text by a prominent scholar
• Flexible organization—no chapter assumes students have read other chapters, which allows for a variety of course lengths and structures
• Distinctive approach using only case excerpts and author’s own essays
• Context and background material to make the law more readily understood

With clear and concise explanations of all basic concepts in the law of lawyering and all topics tested on the MPRE, this accessible book allows professors to satisfy the ABA professional responsibility requirement with a course that students find highly engaging and useful. It is an excellent fit with the ABA’s new accreditation standard requiring law schools to provide opportunities to develop a professional identity. Unlike most professional responsibility textbooks on the market, this book links ethics issues to portraits of the practice contexts in which they typically arise for real lawyers, helping students appreciate their relevance in contemporary practice. It also introduces students to the rich empirical literature on the profession, teaching them about the profession’s overall composition and organization as well as huge variation in the practice settings, types of work, and daily experiences of American lawyers and their clients. It describes powerful economic and cultural forces that are reshaping the legal profession, and it explores current controversies relating to access to justice, globalization, technology, diversity, legal education, and bar admission and discipline. It invites students to reflect on their place in the profession and how they will navigate the turbulent landscape to chart successful, rewarding and responsible careers in almost any type of practice today’s law graduates might enter. Most chapters also contain problems that can be used in class discussion or as written exercises.

The Third Edition is updated to include new problems, materials, and questions drawn from recent events highlighting professional ethics issues currently in the news. The chapter on criminal prosecution includes a new section on self-described progressive prosecutors. The chapter on government lawyers explores the role of lawyers in challenges to the 2020 election. The chapters on private practice in solo and small firm settings have been completely revised to capture the range and variety of urban, suburban, and rural practice. The chapter on judges discusses controversies surrounding the Supreme Court and proposals for an enforceable ethics code for the justices. Other chapters include new materials on virtual practice and “nonlawyer” participation in the delivery of legal services. The Third Edition also presents the most recent scholarship and commentary on new challenges for the legal profession posed by technology (including AI), litigation finance, and globalization.

This is the only PR book on the market that provides sufficient explanation of basic legal concepts and the operation of the legal system to make it suitable for first-year students, but it also works very well for second- and third-year courses.

Justice in the Balance—Alexander Hamilton famously predicted that the judiciary would be "the least dangerous" branch of government. How's that working out?

The Supreme Court stands as arbiter over a country increasingly unable to govern itself. Americans can't agree on the meaning of the Constitution or even the rule of law. Are the nine high priests enthroned in their marble temple the saviors of the Republic or the pallbearers of democracy? Are they defenders of the Constitution as written or super-legislators who make law from the bench? What did the Founders envision when they vested the "judicial Power" in "one supreme Court"?

John Yoo, a professor of law at UC Berkeley, and Robert J. Delahunty, a fellow at the Claremont Institute Center for the American Way of Life, provide the answers with an incisive reading of the law and constitutional history. The Politically Incorrect Guide to the Supreme Court explains:

• The turbulent history of the court's early years, and the eventual triumph of "judicial supremacy"
• The Bill of Rights: how the Court has defined free speech, freedom of religion, and the right to bear arms
• The Court's notorious rulings and how they were overturned—from Dred Scott to Roe v. Wade
• Why "court-packing" is a constant temptation for Democratic presidents
• The Supreme Court's best and worst justices—and what qualities distinguished them
• The future of the Supreme Court: Will it be the rubber stamp of corrupt administrations or the ultimate watchdog protecting our nation's liberties?

The Politically Incorrect Guide to the Supreme Court offers a penetrating and irreverent account of the justices—ideologues and cowards, geniuses and mediocrities, all of them thoroughly human—and a fascinating analysis of a Court that has swung like a pendulum from preserving the Republic to undermining government by the people and back to defending the Constitution. Sprightly, informative, and powerfully argued, this book is guaranteed to give the reader a deeper understanding of America's most powerful judicial body.

A bold guide for connecting across differences—even those that seem impossible

“Wise and visionary, powell helps us find the courage to forge connections with others, the earth, and ourselves in order to transform the world from the inside out.” —Valarie Kaur, bestselling author of See No Stranger and Sage Warrior

We don’t want to live in a society in turmoil. In fact, 93 percent of people in the US want to reduce divisiveness, and 86 percent believe it’s possible to disagree in a healthy way. Yet with increasing political and social fragmentation, many of us don’t know how to move past our differences. Civil rights scholar john a. powell presents an actionable path through “bridging” that helps us communicate, coexist, and imagine a new story for our shared future where we all belong.

With inimitable warmth and vision, powell offers a framework for building cohesion and solidarity between disparate beliefs and backgrounds. Bridging is more than a discrete list of actions to follow—it’s a mindset we can develop to help us foster belonging and connection. Key elements of the bridging mindset include:

• Understanding how deeply “othering” shapes our world, priming us to see difference of any kind—race, gender, political orientation, etcetera—as a threat
• Identifying where “breaking” happens, when people are excluded or treated differently for being perceived as other
• Embracing “belonging” as one of our core human needs—we all want to feel seen, valued, and appreciated just as we are
• Committing ourselves to treat all people like they belong
• Allowing ourselves grace when we inevitably fall short—and resolving to try again

Throughout the book, powell shares personal reflections as well as practices to help you begin bridging wherever you are—in your community, friendships, family, workplace—even with those whom you might never have imagined you could find common ground. “Bridging is a salve for our fractured world,” powell says. “We can overcome the illusion of separateness by honoring our differences, transcending the notion that difference divides us, and instead cocreate a world where everyone belongs.”

This review of the Supreme Court's October 2022 Term looks back at the major cases addressed by the Court and provides a valuable focus on the implications of these decisions. Written by Erwin Chemerinsky, Dean of the University of California at Berkeley School of Law, the book takes a neutral tone, neither praising nor criticizing the decisions, and organizes the case essays by topic.

The 2016 presidential election profoundly reshaped the Supreme Court. President Donald Trump's selection of three justices—Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett—created a solid six-justice conservative majority. The impact was seen a year ago in October Term 2021, Justice Barrett's first full term. The Court overruled Roe v. Wade, dramatically increased the protection for gun rights, found a First Amendment right for a high school football coach to pray publicly on the field after games, and ruled that the Environmental Protection Agency lacked the authority to regulate greenhouse gas emissions from coal-fired power plants.

In the last days of October Term 2022, the Court, again in a series of 6-3 decisions, moved the law significantly to the right in restricting affirmative action by colleges and universities, creating a First Amendment exception to state anti-discrimination laws for those engaged in expressive activities, and invalidating President Joe Biden's student loan forgiveness program. But unlike the prior term, there were some significant surprises from the conservative Court, including finding that Alabama violated the Voting Rights Act in its drawing of congressional districts, rejecting the "independent state legislature" theory which would have precluded state courts from enforcing state constitutions in elections for Congress, and in upholding the Indian Child Welfare Act. Overall, the conservative position prevailed in the most high-profile cases, but less consistently than the year before.

October Term 2021 was momentous, from abortion and gun rights to religion and greenhouse gas emissions. In the past, the Court seemed to follow a blockbuster term with a sleepier one. October Term 2022 deviated from this pattern. As described in the following chapters, it was another momentous year—filled with cases that significantly changed the law in many areas and that will significantly affect people's lives.

The Trade Secret Case Management Judicial Guide provides judges with a comprehensive resource for surveying trade secret law and managing trade secret litigation. Chapters are organized according to the stages of litigation and guided by an early case management checklist.

United States Constitutional Law guides law students, political science students, and engaged citizens through the complexities of U.S. Supreme Court doctrine—and its relationship to constitutional politics—in key areas ranging from federalism and presidential power to equal protection and substantive due process. Rather than approach constitutional law as a static structure or imagine the Supreme Court as acting in isolation from society, the book elaborates and clarifies key constitutional doctrines while also drawing on scholarship in law and political science that relates the doctrines to large social changes such as industrialization, social movements such as civil rights and second-wave feminism, and institutional tensions between governmental actors. Combining legal analysis with historical narrative and sensitivity to political context, the book provides deeper understanding of how constitutional law arises, functions, and changes in a complex, often-divided society. This second edition documents the profound changes in judge-made constitutional law that have occurred in the five years since the first edition was published.

In an updated new edition of this classic work, a team of highly respected sociologists, political scientists, economists, criminologists, and legal scholars scrutinize the resilience of racial inequality in twenty-first-century America.

Whitewashing Race argues that contemporary racism manifests as discrimination in nearly every realm of American life, and is further perpetuated by failures to address the compounding effects of generations of disinvestment. Police violence, mass incarceration of Black people, employment and housing discrimination, economic deprivation, and gross inequities in health care combine to deeply embed racial inequality in American society and economy.

Updated to include the most recent evidence, including contemporary research on the racially disparate effects of the Covid-19 pandemic, this edition of Whitewashing Race analyzes the consequential and ongoing legacy of "disaccumulation" for Black communities and lives. While some progress has been made, the authors argue that real racial justice can be achieved only if we actively attack and undo pervasive structural racism and its legacies.

Mendelson deftly explains the federal, state, and local laws that govern wine production, taxation, labeling, advertising, marketing, distribution, and sales. The book explores the historical underpinnings of wine law, including Prohibition, tied house and trade practices, public health concerns, and Twenty-First Amendment jurisprudence as well as addressing intellectual property issues involving wine brands and appellations of origin, land use laws affecting rural wineries and urban bars, and international trade.

Why originalism is a flawed, incoherent, and dangerously ideological method of constitutional interpretation

“Chemerinsky . . . offers a concise, point-by-point refutation of the theory [of originalism]. He argues that it cannot deliver what it promises—and if it could, no one would want what it is selling.”—David Cole, New York Review of Books

Originalism, the view that the meaning of a constitutional provision is fixed when it is adopted, was once the fringe theory of a few extremely conservative legal scholars but is now a well-accepted mode of constitutional interpretation. Three of the Supreme Court’s nine justices explicitly embrace the originalist approach, as do increasing numbers of judges in the lower courts.

Noted legal scholar Erwin Chemerinsky gives a comprehensive analysis of the problems that make originalism unworkable as a method of constitutional interpretation. He argues that the framers themselves never intended constitutional interpretation to be inflexible and shows how it is often impossible to know what the “original intent” of any particular provision was. Perhaps worst of all, though its supporters tout it as a politically neutral and objective method, originalist interpretation tends to disappear when its results fail to conform to modern conservative ideology.