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Mass Tort Deals: Backroom Bargaining in Multidistrict Litigation
Elizabeth Chamblee Burch
Mass-tort lawsuits over products like pelvic and hernia mesh, Roundup, opioids, talcum powder, and hip implants consume a substantial part of the federal civil caseload. But multidistrict litigation, which federal courts use to package these individual tort suits into one proceeding, has not been extensively analyzed. In Mass Tort Deals, Elizabeth Chamblee Burch marshals a wide array of empirical data to suggest that a systematic lack of checks and balances in our courts may benefit everyone but the plaintiffs - the very people who are often unable to stand up for themselves. Rather than faithfully representing them, plaintiffs' lawyers may sell them out in backroom settlements that compensate lawyers handsomely, pay plaintiffs little, and deny them the justice they seek. From diagnosis to reforms, Burch's goal isn't to eliminate these suits; it's to save them. This book is a must read for concerned citizens, policymakers, lawyers, and judges alike.
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Healthism: Health-status Discrimination and the Law
Elizabeth Weeks and Jessica L. Roberts
Can an employer refuse to hire someone who tests positive for nicotine or alcohol? Can an airline or movie theatre require overweight customers to purchase two seats? Can a health insurance company refuse to sell policies to those most in need of medical care? Can the government condition public assistance on wellness program participation or work activity? In this illuminating book, Jessica L. Roberts and Elizabeth Weeks consider these and similar questions, offering readers a nuanced analysis of when and why discrimination based on health status - or 'healthism' - should be allowed, and when it should not. They provide a methodology to distinguish desirable health-based classifications from the undesirable, and propose law and policy solutions to encourage the former and limit the latter. This work should be read by anyone concerned with how government does - and does not - regulate based on health.
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Stay Ahead of the Pack: Your Comprehensive Guide to the Upper Level Curriculum
Gregg Polsky, Robert L. Glicksman, David C. Gary, Andrew Lund, Eric Miller, and W. Bradley Wendel
Built on the very successful model of Get a Running Start: Your Comprehensive Guide to the First Year Curriculum, this book offers a global overview of the core upper-level bar courses in a single volume. In accessible, short lessons, Stay Ahead of the Pack covers all the major concepts taught in each of the courses most commonly taken by second- and third-year law students: administrative law, business associations, criminal procedure, evidence, personal income tax, and professional responsibility. Each of the chapters is written by a specialist in the field who is a decorated teacher with years of experience in the classroom. In this volume, they have distilled that experience and expertise to produce the tool they wish they had when they were in law school: a clear, concise introduction to all the upper-level bar courses that form the core of the second- and third-year curriculum. Get a Running Start has proved to be a valuable tool for first-year law students, heralded as a “must read” that “covers everything,” “should be required reading for every incoming law student,” and is “of great help when reviewing and studying for exams.” Stay Ahead of the Pack provides the same competitive advantage for second- and third-year law students. By reading through the chapter for a course, students will get a complete overview early in the semester. As the semester goes forward, students can accelerate their learning and comprehension by reviewing individual lessons when preparing for class. As the semester comes to a close, the lessons in this book provide a framework for outlining and exam preparation. And after graduation, the materials in this book will be valuable for aspiring new lawyers as they study for the bar exam. Outside the classroom, Stay Ahead of the Pack offers a stimulating introduction to fundamental legal concepts that will engage citizens who want to know more about the law as a central feature of public life and legal issues commonly featured in the news and policy debates. Among the many features readers will find useful are: •Up-to-date content that includes the Tax Cuts and Jobs Act of 2017 and major Supreme Court cases from the 2017-2018 term including Carpenter v. United States.•An introductory chapter offering advice on how to structure a successful class preparation and study process.•Short lessons that provide readers with an introduction to the major concepts for a day or week of law school classes in 10-15 minutes.•Complete course coverage that will allow readers to get a global overview of a core curriculum bar course in the span of an afternoon.•Frequent use of examples and hypotheticals to illustrate major points in an accessible way.•Short “Takeaway” summaries at the end of each lesson that highlight the main points and provide a quick reference or refresher.
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Cook's Field Guide to Prosecution in Georgia
Alan A. Cook
In this practical guidebook former district attorney and director of the University of Georgia's School of Law Prosecutorial Justice Program Alan Cook shares his personal wisdom and advice gathered from his decades of experience into a single volume. The handbook includes introductions to each chapter topic, plus both quick and detailed reference sections on all aspects of criminal law and procedure. It also includes useful appendices with step-by-step practice guides for how to perform specific prosecutorial tasks (such as how to take a guilty plea). Law student testimonies from now seasoned attorneys at the start of the book indicate the potential for this set of resources to students interested in becoming prosecutors as well as those already practicing.
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Intellectual Property Law: Cases & Materials (6th edition)
Joseph S. Miller and Lydia Pallas Loren
Version 6.0 continues to provide engaging and challenging coverage of all the major types of intellectual property law: trade secret, patent, copyright, and trademark law. Covering cases and developments through Spring 2018, the Sixth Edition includes all the latest Supreme Court cases that are vital to a survey course. Each chapter continues to optimize clear presentation of tightly edited cases and concise notes and questions.
The book kicks off with an introductory chapter that explores the basic policies animating intellectual property law, and concludes with two overarching chapters—one on intellectual property limits (preemption and first sale), and one on remedies (redressing past harm and preventing future harm). This book is designed to guide student analysis, as well as to challenge students to make vital connections within and across doctrines and policies. Finally, the authors—both veteran teachers of the intellectual property law survey course—offer a comprehensive Teacher's Manual on request. -
The Wealth of a Nation: A History of Trade Politics in America
Donald C. Johnson
The United States is entering a period of profound uncertainty in the world political economy--an uncertainty which is threatening the liberal economic order that its own statesmen created at the end of the Second World War. The storm surrounding this threat has been ignited by an issue that has divided Americans since the nation's founding: international trade. Is America better off under a liberal trade regime, or would protectionism be more beneficial? The issue divided Alexander Hamilton from Thomas Jefferson, the agrarian south from the industrializing north, and progressives from robber barons in the Gilded Age. In our own times, it has pitted anti-globalization activists and manufacturing workers against both multinational firms and the bulk of the economics profession. Ambassador C. Donald Johnson's The Wealth of a Nation is an authoritative history of the politics of trade in America from the Revolution to the Trump era. Johnson begins by charting the rise and fall of the U.S. protectionist system from the time of Alexander Hamilton to the Smoot-Hawley Tariff of 1930. Challenges to protectionist dominance were frequent and often serious, but the protectionist regime only faded in the wake of the Great Depression. After World War II, America was the primary architect of the liberal rules-based economic order that has dominated the globe for over half a century. Recent years, however, have seen a swelling anti-free trade movement that casts the postwar liberal regime as anti-worker, pro-capital, and--in Donald Trump's view--even anti-American. In this riveting history, Johnson emphasizes the benefits of the postwar free trade regime, but focuses in particular on how it has attempted to advance workers' rights. This analysis of the evolution of American trade policy stresses the critical importance of the multilateral trading system's survival and defines the central political struggle between business and labor in measuring the wealth of a nation.
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International Civil Litigation in United States Courts (6th edition)
Gary B. Born and Peter B. Rutledge
International Civil Litigation in United States Courts is the essential, comprehensive law school text for the current and future international litigator or international corporate lawyer. Covering all the topics discussed in competing texts and more, this casebook seamlessly combines international litigation, conflict of laws, and comparative civil procedure. This Sixth Edition includes excerpts and updated discussion of recent U.S. court decisions and legislation relating to a wide range of private and public international law topics, including foreign sovereign immunity, choice of law, antisuit injunctions, legislative jurisdiction, service of process on non-U.S. citizens, international discovery, foreign judgment enforcement, and international arbitration.
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Legitimacy and International Courts
Harlan G. Cohen, Nienke Grossman, Andreas Follesdal, and Geir Ulfstein
One of the most noted developments in international law over the past twenty years is the proliferation of international courts and tribunals. They decide who has the right to exploit natural resources, define the scope of human rights, delimit international boundaries and determine when the use of force is prohibited. As the number and influence of international courts grow, so too do challenges to their legitimacy. This volume provides new interdisciplinary insights into international courts' legitimacy: what drives and undermines the legitimacy of these bodies? How do drivers change depending on the court concerned? What is the link between legitimacy, democracy, effectiveness and justice? Top international experts analyse legitimacy for specific international courts, as well as the links between legitimacy and cross-cutting themes. Failure to understand and respond to legitimacy concerns can endanger both the courts and the law they interpret and apply.
- Experts in various fields analyse the meaning of legitimacy and its link to justice, democracy and effectiveness
- Features in-depth case-studies which outline the legitimacy challenges faced by international courts and offers lessons on how to approach them
- Will appeal to those seeking to deepen their understanding of legitimacy in the context of specific courts and across the field of international courts and tribunals
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Arcs of Global Justice: Essays in Honour of William A. Schabas
Diane Marie Amann and Margaret M. deGuzman
Invoking famous words by Martin Luther King Jr.–‘the arc of the moral universe is long, but it bends toward justice’–this volume analyses developments respecting global justice in the decades since the end of World War II. Presented are dozens of essays by eminent scholars, each contributed in recognition of the collection’s honouree, Professor William A. Schabas. Schabas’s work has spanned many topics in international law and has placed him in multiple roles in international courts and organizations. Accordingly, this volume discusses institutions including the United Nations, the European Court of Human Rights, and the International Criminal Court, and instruments including the Universal Declaration of Human Rights, the Convention Against Torture, and the Canadian Charter of Human Rights and Freedoms. Fits and starts in global justice are examined with regard to many phenomena: peace and war, international crimes, culture, death penalty, environmental degradation, and not least, education and scholarship.
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Trial Handbook for Georgia Lawyers, 2018-2019
Ronald L. Carlson, Julian A. Cook, and Michael S. Carlson
Examines Georgia-specific issues faced daily by trial attorneys, and analyzes the latest Georgia caselaw, rules, and statutes, with proper authorities cited. The work also reviews all critical aspects of Georgia trial practice, discussing substantive and procedural law in detail, with citation to controlling cases, statutes, and rules. Chapter topics include:
- Conduct of trial
- Motions during trial
- Default and dismissal
- Criminal trials
- Competency of witnesses to testify
The publication details every aspect of a trial sequentially, providing quick access to the basic principles of trial law and the proper application of those principles.
School of Law faculty at the University of Georgia author some of our country's leading legal scholarship. The following is a collection of books published by our past and current faculty members. Several faculty members have also created open educational resources made available through open textbook platforms. View a list of our faculty's open educational resource materials.
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