The DC@UB Law Faculty Book collection includes information on books published by all current and emeritus University at Buffalo School of Law faculty members. Links to purchase books are included where the books are still in print.
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What are Campaigns For? The Role of Persuasion In Electoral Law and Politics
James A. Gardner
Election campaigns ought to be serious occasions in the life of a democratic polity. For citizens of a democracy, an election is a time to take stock-to reexamine our beliefs; to review our understanding of our own interests; to ponder the place of those interests in the larger social order; and to contemplate, and if necessary to revise, our understanding of how our commitments are best translated into governmental policy-or so we profess to believe.
Americans, however, are haunted by the fear that our election campaigns fall far short of the ideal to which we aspire. The typical modern American election campaign seems crass, shallow, and unengaging. The arena of our democratic politics seems to lie in an uncomfortable chasm between our political ideals and everyday reality.
What Are Campaigns For? is a multidisciplinary work of legal scholarship that examines the role of legal institutions in constituting the disjunction between political ideal and reality. The book explores the contemporary American ideal of democratic citizenship in election campaigns by tracing it to its historical sources, documenting its thorough infiltration of legal norms, evaluating its feasibility in light of the findings of empirical social science, and testing it against the requirements of democratic theory.
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Private Lawyers and the Public Interest: The Evolving Role of Pro Bono in the Legal Profession
Robert Granfield and Lynn M. Mather
This collection of original essays by leading and emerging scholars in the field examines the history, conditions, organization, and strategies of pro bono lawyering. Private Lawyers and the Public Interest: The Evolving Role of Pro Bono in the Legal Profession traces the rise and impact of the American Bar Association's campaign to hold lawyers accountable for a commitment to public service and to encourage public service within law schools. Combining empirical legal research with reflections by practitioners and theorists about the meaning and practice of pro bono legal work, this collection of essays interrogates the public service ideals that are inscribed within the legal profession and places these ideals within a broader social, economic, ideological, and normative context. Particular attention is paid to the factors that explain why lawyers engage in pro bono work and the ways in which their views of pro bono are mediated by the institutional context of their legal practice. The book also explores the concept of "public" in public service and compares pro bono as a means of delivering legal services with other mechanisms such as state funding. Collectively, these essays investigate the evolving role of pro bono in the legal profession and in law schools, the relationship between pro bono ideals and pro bono in practice, the way that pro bono is shaped by external forces beyond the individual practitioner, and the multi-faceted nature of legal professionalism as expressed through pro bono practice.
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North Carolina Appellate Law: A Guide to the North Carolina Appellate Rule
Pamela Newell
This Guide is not only easy to navigate, but also simple to understand. It will be welcomed by law professors and novice appellate attorneys all over North Carolina as a thorough, practical instruction manual on how to file or respond to an appeal in accordance with the Rules of Appellate Procedure. Existing texts are designed primarily to be a universal guide on persuasive writing and advocacy but lack specific references to the local requirements and corresponding North Carolina court decisions on this topic.
Professor Williams has drawn on her extensive experience and anticipated questions that may be asked by a student or advocate of appellate law. Corresponding case references provide the reader with context. An extra tool is a thorough appendix with superb examples of appellate documents. This book is a must-have for any practicing, studying and/or interested in appellate law!
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International Labor Law: Cases and Materials on Workers' Rights in the Global Economy
James B. Atleson, Lance Compa, Kerry Rittich, Calvin William Sharpe, and Marley S. Weiss
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Insanity: Murder, Madness, and the Law
Charles Patrick Ewing
The insanity defense is one of the oldest fixtures of the Anglo-American legal tradition. Though it is available to people charged with virtually any crime, and is often employed without controversy, homicide defendants who raise the insanity defense are often viewed by the public and even the legal system as trying to get away with murder. Often it seems that legal result of an insanity defense is unpredictable, and is determined not by the defendants mental state, but by their lawyers and psychologists influence.
From the thousands of murder cases in which defendants have claimed insanity, Doctor Ewing has chosen ten of the most influential and widely varied. Some were successful in their insanity plea, while others were rejected. Some of the defendants remain household names years after the fact, like Jack Ruby, while others were never nationally publicized. Regardless of the circumstances, each case considered here was extremely controversial, hotly contested, and relied heavily on lengthy testimony by expert psychologists and psychiatrists. Several of them played a major role in shaping the criminal justice system as we know it today.
In this book, Ewing skillfully conveys the psychological and legal drama of each case, while providing important and fresh professional insights. For the legal or psychological professional, as well as the interested reader, Insanity will take you into the minds of some of the most incomprehensible murderers of our age.
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Trials of a Forensic Psychologist: A Casebook
Charles Patrick Ewing
A fascinating collection of ten high-profile cases illustrating the controversial, often contentious-yet essential-role of forensic psychology in the American justice system.
Written by psychologist and lawyer Charles Patrick Ewing, one of the country's leading experts on forensic psychology, Trials of a Forensic Psychologist: A Casebook is a scholarly, thought-provoking collection of cases from the author's three decades of professional experience. Bringing to life the psychological and legal details of each case as well as the personal stories involved, this volume insightfully covers those issues facing forensic psychologists, including:
- Ability to Waive Miranda Rights
- Coerced Confessions
- The Insanity Defense
- Malingering
- Battered Woman Syndrome
- Evaluating Allegations of Child Sexual Abuse
- The Implications of Extreme Emotional Disturbance
Informative, compelling, and educational, each of the ten cases presented in Trials of a Forensic Psychologist: A Casebook offers a rare glimpse at the work of forensic psychologists, how forensic psychologists are examined in court, the ways in which their expertise is used by the legal system, and the contributions they make to the system's ultimate goal of doing justice.
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Human Rights NGOS in East Africa: Political and Normative Tensions
Makau wa Mutua
Human rights nongovernmental organizations (NGOs) are by definition not part of the state. Rather, they are an element of civil society, the strands of the fabric of organized life in countries, and crucial to the prospect of political democracy. Civil society is a very recent phenomenon in East African nations, where authoritarian regimes have prevailed and human rights watchdogs have had a critical role to play. While the state remains one of the major challenges to human rights efforts in the countries of the region, other problems that are internal to the human rights movement are also of a serious nature, and they are many: What are the social bases of the human rights enterprise in transitional societies? What mandate can human rights NGOs claim, and in whose name do they operate?
Human Rights NGOs in East Africa critically explores the anatomy of the human rights movement in the East African region, examining its origins, challenges, and emergent themes in the context of political transitions. In particular, the book seeks to understand the political and normative challenges that face this young but vibrant civil society in the vortex of globalization. The book brings together the most celebrated human rights thinkers in East Africa, enriched by contributions from their colleagues in South Africa and the United States.
To date, very little has been written about the struggles and accomplishments of civil society in the nations of East Africa. This book will fill that gap and prove to be an invaluable tool for understanding and teaching about human rights in this complex and vital part of the world.
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Kenya's Quest for Democracy: Taming Leviathan
Makau wa Mutua
Tracing the trajectory of postcolonial politics, Makau Mutua maps the political forces that have shaped contemporary Kenya. He also critically explores efforts on the part of both civil society and the political opposition to reform the state. Analyzing the tortuous efforts since independence to create a sustainable, democratic state, he uses the struggle over constitutional reform as a window for understanding the larger struggles confronting Kenyan society.
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Navigators of the Contemporary: Why Ethnography Matters
David A. Westbrook
As the image of anthropologists exploring exotic locales and filling in blanks on the map has faded, the idea that cultural anthropology has much to say about the contemporary world has likewise diminished. In an increasingly smaller world, how can anthropology help us to tackle the concerns of a global society? David A. Westbrook argues that the traditional tool of the cultural anthropologist—ethnography—can still function as an intellectually exciting way to understand our interconnected, yet mysterious worlds.
Navigators of the Contemporary describes the changing nature of ethnography as anthropologists use it to analyze places closer to home. Westbrook maintains that a conversational style of ethnography can help us look beyond our assumptions and gain new insight into arenas of contemporary life such as corporations, financial institutions, science, the military, and religion. Westbrook’s witty, absorbing book is a friendly challenge to anthropologists to shed light on the present and join broader streams of intellectual life. And for those outside the discipline, his inspiring vision of ethnography opens up the prospect of understanding our own world in much greater depth.
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Legal Argument: The Structure and Language of Effective Advocacy
James A. Gardner
Legal Argument: The Structure and Language of Effective Advocacy is a full-featured guide designed primarily for law students in research, writing, analysis and trial advocacy classes and moot court programs. Inside you'll find detailed explanations of how lawyers construct legal arguments and practical guidelines to the process of molding the raw materials of litigation—cases, statutes, testimony, documents, common sense—into instruments of persuasive advocacy. You'll also find writing guidelines that show you how to present a well-constructed legal argument in writing in a way that legal decision makers will find persuasive. The centerpiece of this indispensable work is its syllogism-based step-by-step method, designed to walk the advocate through the process of crafting a winning argument.
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Intellectual Property: Private Rights, the Public Interest, and the Regulation of Creative Activity
Shubha Ghosh, Richard Gruner, Jay P. Kesan, and Robert I. Reis
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Georgia Legal Research
Nancy P. Johnson, Elizabeth G. Adelman, and Nancy J. Adams
Georgia Legal Research is the first book of its kind devoted to the resources and strategies needed to research Georgia state law. Taking a process-oriented approach, the book explains research in Georgia cases, statutes, legislative history, constitutional law, and administrative law and legal ethics research. Additional chapters describe the research process, secondary sources and practical guides, online research and citators. Appendices include legal citation rules, bibliography of legal research texts, and a list of Georgia practice materials. Georgia Legal Research was designed specifically for teaching legal research to first-year law students. Others who will find it helpful include practitioners, paralegals, librarians, college students, and even laypeople. It is clearly written, making even complex ideas accessible. Outlines of the research process and short excerpts from Georgia resources make the book easy to use. Web addresses point researchers to the many sources for finding free Georgia legal material online. Concise explanations of resources needed for researching federal law and the law of other states are provided throughout. Thus, Georgia Legal Research can be used as a stand-alone text or in conjunction with a research text concentrating on federal law. This book is part of the Legal Research Series, edited by Suzanne E. Rowe, Director of Legal Research and Writing, University of Oregon School of Law.
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Supplements to The Clean Water Handbook and Wetlands: Law and Policy: Understanding Section 404
Stephen M. Johnson, Kim Diana Connolly, and Mark A. Ryan
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Between Citizen and State: An Introduction to the Corporation
David A. Westbrook
Between Citizen and State is an intrepid and readable introduction to, and insightful commentary on, the role of the corporation in the modern world. Corporate actors have typical motivations, opportunities, temptations - they are characters, and their interactions follow familiar plotlines. Part I, Background, introduces the characters and their context. Part II, Internal Struggles, explains common conflicts in terms of well-known court cases. Part III, External Relations, examines relationships between the corporation, individuals, and the state.
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Confronting Sustainability: Forest Certification in Developing and Transitioning Countries
Benjamin E. Cashore, Fred Gale, Errol E. Meidinger, and Deanna Newsom
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Minds on Trial: Great Cases in Law and Psychology
Charles Patrick Ewing and Joseph T. McCann
In recent years, the public has become increasingly fascinated with the criminal mind. Television series centered on courtroom trials, criminal investigations, and forensic psychology are more popular than ever. More and more people are interested in the American system of justice and the individuals who experience it firsthand.
Minds on Trial: Great Cases in Law and Psychology gives you an inside view of 20 of the highest profile legal cases of the last 50 years. Drs. Ewing and McCann take you "behind the scenes" of each of these cases, some involving celebrities like Woody Allen, Mike Tyson, and Patty Hearst, and explain the impact they had on the fields of psychology and the law. Many of the cases in this book, whether involving a celebrity client or an ordinary person in an extraordinary circumstance, were determined in part by the expert testimony of a psychologist or other mental health professional. Psychology has always played a vital role in so many aspects of the American legal system, and these fascinating trials offer insight into many intriguing psychological issues. In addition to expert testimony, some of the issues discussed in this entertaining and educational book include the insanity defense, brainwashing, criminal profiling, capital punishment, child custody, juvenile delinquency, and false confessions.
In Minds on Trial, the authors skillfully convey the psychological and legal drama of each case, while providing important and fresh professional insights.
Mental health and legal professionals, as well as others with an interest in psychology and the law will have a hard time putting this scholarly, yet readable book down.
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Progressive Black Masculinities
Athena D. Mutua
In the struggle for pride and political agency, the imperative to 'be a man' has been central to the lives of black males. Yet, what it means to be a black man-in terms of both racial and gender identity-has been subject to continual debate in public and academic spheres alike.
