UW Law professors have written or edited many books on a wide range of topics. This section of UW Law Digital Commons describes these works and, when possible, provides copies.
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Silicon Valley Bank: The Rise and Fall of a Community Bank for Tech
Xuan-Thao Nguyen
This book provides a first-hand account of the founding, ascent, and dissolution of Silicon Valley Bank (SVB), a tech community bank founded in 1982 with US$5 million that became the nation's 13th largest bank and tech industry's lender and bank. In this pathbreaking work, which challenges conventional understanding of risky tech lending by showing how an independent community bank became the go-to bank for the tech industry in the United States, Xuan-Thao Nguyen includes interviews with key players, ranging from the original founders and early employees to the current CEO of SVB. Chapters explore how the relationship between the venture capital (VC) industry and SVB transformed the way commercial banks comply with banking regulators while lending and nurturing young tech clients. The book demonstrates why the relationships between investors, start-ups, bankers, lenders, experts, lawyers, regulators, and community leaders are key ingredients for ongoing innovation in the tech industry. The book concludes with the sobering dissection of SVB's sudden death by $142 billion cuts inflicted by tech bros, social media, and the Federal Reserve Bank's successive interest rate hikes to squash the overheated economy.
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The Impact of the Digital Revolution on Modern Trials
William S. Bailey
Trial advocacy in the twenty-first century requires lawyers to have a keen sense of the information needs of their audience, be it a judge or jurors. Breakneck changes in technology and internet use have propelled the blur of change to such a speed that is difficult to track. Trial lawyers must try and understand what all this means for the way that people process information and make decisions. In this article, William S. Bailey discusses the need to develop a style that seamlessly incorporates illustrations and animations with verbal arguments and questioning witnesses.
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The ACTEC Commentaries on the Model Rules of Professional Conduct, 6th ed.
Karen Boxx and J. Lee Osborne
The Sixth Edition of the ACTEC Commentaries addresses changes to the estate planning and probate practice, and the practice of law in general, since 2015 when the Fifth Edition was published. In that time period, the worldwide pandemic accelerated the use of technology in the practice and changes to the formalities of document execution that had been in place for centuries. Those developments in turn require reconsideration of the lawyer’s ethical duties when using the new methods of communication. In addition, this Edition has been updated to reflect increasing concern about elder abuse and the dilemma of the client with diminishing capacity. Other changes reflect changes in family law and issues that have been addressed in cases and ethics opinions around the country since the last Edition.
There have not been significant changes to the ABA Model Rules since the last Edition. Other laws may affect and regulate a lawyer’s duties, such as duties regarding reporting of elder abuse or child abuse. There have been no final changes to the regulation of lawyers with respect to financial transaction reporting since the last Edition, but the work of the Financial Action Task Force is ongoing and further regulation is expected. In addition to changes to the Model Rules and applicable state ethics rules and opinions, attorneys must keep up with changes to those other laws, including regulation aimed at combatting money laundering, that affect attorney duties and reporting requirements. The recommendations in this Edition are current as of September 2022, but are likely to be affected by further developments.
As Reporters, we thank the many who contributed to the Sixth Edition but give special acknowledgment to Professor Elizabeth Carter, who served as co-chair of the Commentaries 6th edition subcommittee, Andrew Rothstein, Christopher Gadsden, Janet Montgomery, Kevin McCrindle, Mary Radford, Peter Mott, Richard Gorini, Steven Benefield, Amy Hess, and William Hennessey, who served on the Commentaries 6th edition subcommittee, Linda Retz, who served as Chair of the Professional Responsibility Committee at the beginning of this process, created the plan for the project to be accomplished, and kept the project moving throughout the pandemic, and to all members of the Professional Responsibility Committee of ACTEC for their efforts on this project. We also express appreciation to the reporters for the previous editions: John R. Price, Reporter for the First and Second Editions; Bruce S. Ross, Reporter for the Third Edition; Charles Bennett and Cynda Ottaway, Co-Reporters for the Fourth Edition; and Thomas A. Andrews, Co-Reporter for the Fifth Edition. Finally, we commend and thank the ACTEC Foundation for its ongoing support of the ACTEC Commentaries, which continue to provide important guidance to the bench, bar and public sector.
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Software Law and Its Application, Third Edition
Robert W. Gomulkiewicz
Software Law and Its Application, Third Edition covers the statutes, cases, and regulations that provide legal protection for computer software with a practice-focused approach.
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Licensing Intellectual Property: Law and Application, Fifth Edition
Robert W. Gomulkiewicz, Xuan-Thao Nguyen, and Danielle M. Conway
Intellectual property is among the most important and interesting areas of law, thanks to its close link to the technological innovation sweeping society. But it is not enough to simply own patents, copyrights, trademarks, and trade secrets—inventors and creators need to put these intellectual property assets to productive use. Licensing is the most important way to do that. Licensing Intellectual Property: Law and Application provides students of varied backgrounds with an understanding of the legal principles and licensing models available to help clients accomplish their business objectives. This book is for courses focusing on the law of licensing and the application of licensing in practice. In particular, the book’s extensive drafting and client counseling exercises provide students the opportunity to develop their skills.
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Native American Natural Resources Law: Cases and Materials
Monte Mills, Judith V. Royster, Michael C. Blumm, and Elizabeth A. Kronk Warner
Native American Natural Resources Law: Cases and Materials provides a thorough examination of the interconnection between land, religion, culture, and the law. The text includes basic Indian law history and focuses on aboriginal, treaty, and executive order title; allotment; and the intersection between Indian Country and surrounding lands. Special emphasis is placed on the tribal role in environmental protection, tribal natural resources development, and tribal taxation authority, as well as a detailed consideration of water rights and usufructurary rights to hunt, fish, and gather.
The fifth edition incorporates the many major developments in the law since the fourth edition, with expanded materials on momentous decisions of the United States Supreme Court, such as McGirt v. Oklahoma, and ongoing land management issues, including tribal-federal costewardship of places like Bears Ears National Monument and elsewhere; the numerous policy initiatives of the Biden administration aimed at reshaping the federal-tribal relationship; and important circuit court decisions related to water rights, the federal government's trust relationship with tribes, and much more.
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The Law of Healthcare Administration
Sallie Thieme Sanford and J. Stuart Showalter
Healthcare leaders must navigate a complex and constantly evolving legal environment. The Law of Healthcare Administration provides a comprehensive and practical overview of healthcare law and its role in the management of healthcare organizations.
The tenth edition of this classic text explores substantial shifts in the legal landscape, including the effects of the COVID pandemic, the Dobbs v. Jackson Women’s Health Organization abortion rights decision, and Biden-era legislative and regulatory developments. J. Stuart Showalter and new co-author Sallie Thieme Sanford provide a broad perspective on a wide range of healthcare justice issues, using inclusive language and incorporating examples that involve various types of healthcare providers. -
Show the Brief: Visual Writing Strategies & Techniques
William S. Bailey
In Show the Brief: Visual Writing Strategies and Techniques, trial lawyer and law professor William S. Bailey teaches you how to create legal briefs that powerfully demonstrate the facts of your case in a more effective, and more persuasive, manner.
Over the last twenty-five years, the roles of both trial lawyers and judges have changed. Federal and state procedural rules encourage settlements more and more, often requiring pretrial discovery and alternative dispute resolution. Fewer cases go to trial today than they once did. As judges become increasingly willing to make sweeping pretrial rulings, either granting summary judgment on critical issues—or even out right dismissing a case—the stakes in pretrial motion practice have greatly increased. This has become particularly true in federal court, where outcomes are often far less favorable to plaintiffs overall.
In the intense, busy world of deciding civil cases on crowed dockets, briefs have become more important than ever: Most of the time, judges know how they are going to rule in a case after reading the briefs. They politely let you make your arguments, only to then announce the ruling knew they were going to make at the outset.
Briefs are your best shot to tell the judge why you should win, and why your opponent should lose. The court’s ruling will be driven by your case story and how it plays within the judge’s life experience, values, and understanding of the law.
Plaintiffs’ lawyers no longer have the luxury of reflexively sticking to tradition. You must take your best shot the first time, every time, in all pleadings and documents that you file with the court. The emphasis that once rested on trial now has shifted to pretrial, with depositions and motions often determining the way your case turns out. The time has come for you to use every tool you have in every aspect of your practice—not just during trial and trial preparation, but in each of the pleadings and briefs you file with the court. This means adopting the latest communications lessons from other professions and learning from the latest research in applied psychology to best present your case in every brief you file.
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LexisNexis Practice Guide: Washington Probate and Estate Administration
Karen Boxx
LexisNexis Practice Guide: Washington Probate and Estate Administration is a practice-oriented resource designed to assist attorneys in guiding their clients through the probate and estate administration process. The author is a leading estates attorney in the state of Washington who has provided a wide variety of practice tips, examples and forms crucial to effective probate and estate administration in Washington. This practice guide includes in-depth analysis of topics such as: determining whether probate is necessary, identifying heirs and beneficiaries, creditors’ claims, and family protection.
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Telling Stories: On Culturally Responsive Artificial Intelligence
Ryan Calo, Batya Friedman, Tadayoshi Kohno, Hannah Almeter, and Nick Logler
Deceptively simple in form, these original stories introduce and legitimate perspectives on AI spanning five continents. Individually and together, they open the reader to a deeper conversation about cultural responsiveness at a time of rapid, often unilateral technological change.
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PEACEWORKS: Afghan Taliban Views on Legitimate Islamic Governance: Certainties, Ambiguities, and Areas for Compromise
Clark B. Lombardi and Andrew F. March
Since their return to power in August 2021, Taliban leaders have not yet articulated a clear vision of how they plan to structure the Afghan state. Some observers have expressed guarded optimism that the Taliban can be persuaded to move away from the more authoritarian and illiberal aspects of their first regime. This report is intended to help these negotiators—whether from the international community or Afghan civil society—find possible compromises between the Taliban’s vision of “true” Islamic governance and liberal democracy and respect for human rights.
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Transnational Intellectual Property Law: Cases and Materials from the United States, Europe, Japan, and China, Second Edition
Xuan-Thao Nguyen, Danielle M. Conway, Lateef Mtima, Willajeanne F. McLean, and Emily Michiko Morris
Transnational Intellectual Property Law provides students comparative knowledge of intellectual property for today’s world. The book provides students a strong understanding of intellectual property law in four important global stakeholders and regions: United States, European Union, Japan and China. Transcending national borders, the students will learn the similarities and differences in these four regions through reading and analyzing valuable primary sources of judicial opinions from the courts. The materials allow the students to identify how culture and traditions influence judges in crafting their opinions, in both common law and civil law countries.
The book is organized in six units. Each unit begins with a concise summary of a doctrinal area of intellectual property law in each of the four regions, United States, European Union, Japan and China. Judicial opinions from a particular region follow the doctrinal summaries within each unit. -
Health Law: Cases, Materials and Problems
Elizabeth Pendo, Brietta R. Clark, Erin C. Fuse Brown, Robert Gatter, and Elizabeth McCuskey
Thirty-five years ago, the first edition of this Health Law casebook quite literally defined the subject of Health Law in the United States. Today this book, cited by the United States Supreme Court and a host of other courts, remains the leading Health Law casebook in American law schools.
The new 9th edition provides up-to-date coverage of the field in all of its complexity, while retaining the substantially slimmed-down size of the prior edition. The book offers new cases, statutory materials, and classroom-tested problems, along with succinct and sharpened notes, comments, charts, and other teaching materials. It is fully up-to-date as of mid-2021, including the many issues raised by the COVID-19 pandemic. It will be supplemented by a regularly updated website and, if appropriate, printed supplements.
This new edition centers the broader goal of a more just and equitable health care system. It incorporates issues of equity and justice throughout the overarching organization that health law teachers and students found so helpful in the prior editions. In this new edition, Chapter One considers health law and policy as part of a larger framework that encompasses justice and equity movements, and it reimagines traditional concerns of cost, access, quality, and choice in this framework. -
A Guide to Civil Procedure: Integrating Critical Legal Perspectives
Elizabeth G. Porter, Brooke D. Coleman, Suzette Malveaux, and Portia Pedro
In today’s increasingly hostile political and cultural climate, law schools throughout the country are urgently seeking effective tools to address embedded inequality in the United States legal system. A Guide to Civil Procedure aims to serve as one such tool by centering questions of systemic injustice in the teaching, learning, and practice of civil procedure.
Featuring an outstanding group of diverse scholars, the contributors illustrate how law school curriculums often ignore issues such as race, gender, disability, class, immigration status, and sexual orientation. Too often, students view the #MeToo movement, Black Lives Matter, immigration/citizenship controversy, or LGBTQ+ issues as mere footnotes to their legal education, often leading to the marginalization of many students and the production of graduates that do not view issues of systemic injustice as central to their profession.
A Guide to Civil Procedure reveals how procedure is, and always has been, a central pressure point in the struggle to eradicate structural inequality and oppression through the courts. This book will give students and scholars alike a more complex view of their roles as attorneys, sharpen their litigation skills, and provide a stronger sense of community and purpose in the law school classroom. -
Tort Law: A 21st-Century Approach (2nd edition)
Zahr K. Said
Tort Law: A 21st-Century Approach (TL21C) introduces students to tort law with a set of cases and methods that have been updated for 21st century legal education. Pairing classic cases with a host of recent, lesser-known cases, the casebook deliberately provides opportunities to engage with issues of race, gender, sexual orientation, ability, class as well as fundamental questions of civil justice. The book’s introduction diverges from the standard method of teaching torts, by framing the subject matter in terms of the three primary regimes of tort law—negligence, strict liability and the intentional torts—and by setting the stakes for questions of policy from the outset.
This casebook offers a series of 7 modules, each with numerous “Check Your Understanding” questions that permit students to answer questions that help them assess and expand upon their learning in real time. These and a number of “Socratic Scripts” may also facilitate online or “hybrid” learning at a moment in which innovative approaches to teaching are more in demand or indeed, necessary.
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The School-Prison Trust
Sabina E. Vaught, Bryan McKinley Jones Brayboy, and Jeremiah Chin
The School–Prison Trust describes interrelated histories, ongoing ideologies, and contemporary expressions of what the authors call the “school–prison trust”: a conquest strategy encompassing the boarding school and juvenile prison models, and deployed in the long war against Native peoples. At its heart, the book is a constellation of stories of Indigenous self-determination in the face of this ongoing conquest.
Following the stories of an incarcerated young man named Jakes, the authors consider features of school–prison relations for young Native people to ask urgent questions about Indigenous sovereignty, conquest, survivance, and refusal.
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Administrative Law: A Casebook, Tenth Edition
Jessica West, Bernard Schwartz, Roberto L. Corrada, and J. Robert Brown Jr.
Written in an accessible, straightforward style, Administrative Law: A Casebook, Tenth Edition focuses on the basic principles of administrative law using a traditional cases-and-notes pedagogy, flexible organization, and examination-length problems at the end of each substantive chapter.
This book emphasizes the actual practice of administrative law, highlighting aspects of the law that will help students later as attorneys practicing before federal or state administrative agencies. Notes after cases focus on questions that would be asked by lawyers practicing in the area. End of chapter problems help to accentuate the types of problems confronted by practitioners.
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2021: How Gender and Race Affect Justice Now - Final Report
Justice Sheryl Gordon McCloud, Dana Raigrodski, Sierra Rotakhina, and Kelley Amburgey-Richardson
In 1989, the Washington Supreme Court’s Task Force on Gender and Justice in the Courts produced a groundbreaking report on the impact of gender on selected areas of the law. It concluded that gender did affect the availability of justice. We – the Washington State Supreme Court Gender and Justice Commission – are a product of that report and its recommendations. Now, in 2021, we have completed our follow-up study.
Our legal and social science research, our data collection, and our independent pilot projects all led us to the same frustrating conclusion about the effect of gender in Washington State courts: trustworthy, factual data about the effect of gender in Washington courts is hard to find, and it is especially hard to find for Black, Indigenous, other people of color, and LGBTQ+1 people.
Still, based on the data in which we have a high degree of confidence, two points stand out: (1) gender matters – it does affect the treatment of court users (including litigants, lawyers, witnesses, jurors, and employees); and (2) the adverse impact of these gendered effects is most pronounced for Black, Indigenous, other women of color, LGBTQ+ people, and women in poverty. We developed five overall goals for future action based on these results. These goals prioritize work on the areas of highest need. In many cases, that led us to adopting gender neutral goals – because that seemed like the best way to gain the best outcomes for those with the greatest need. It turns out that this approach will further the interests of more than just any single subpopulation of Washington residents – it should benefit us all.
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Taxation of Intellectual Property: Law and Practice
Xuan-Thao Nguyen and Jeffrey A. Maine
The taxation of intellectual property is a rapidly developing field requiring both intellectual property and tax practitioners to keep up with the latest developments. In recent years, there have been a number of changes in tax laws affecting intellectual property transactions and litigation. Taxation of Intellectual Property provides comprehensive coverage of these and other major congressional changes. This book also describes the latest IRS rulings and other administrative guidance (private letter rulings, field attorney advice, chief counsel attorney memoranda) governing intellectual property transactions. Also included are summaries of recent IRS rulings addressing the deductibility of royalties paid under a patent license, the deductibility of salaries of researchers, and the deductibility of legal fees incurred in defense against patent infringement. Administrative rulings on the tax treatment of enterprise resource planning software, the allocation of wages for purposes of the research tax credit, the tax treatment of technology licenses, and the tax treatment of royalties received by a nonprofit organization are also provided.
Beyond the important federal tax updates, this book provides state tax updates impacting the popular domestic intellectual property holding company model. States have actively challenged the intellectual property holding company model, and Taxation of Intellectual Property looks at recent developments including the enactment of so-called add-back statutes and adoption of so-called combined reporting.
This book differs from other books on taxation of intellectual property in that, chapters dealing with intellectual property creation, acquisitions, and sales and licenses each begin with a general framework for analyzing the tax treatment of all forms of intellectual property. Finally, separate chapters in the book are devoted to the taxation of intellectual property held by corporations and partnership and the taxation of intellectual property held by non-profit organizations.
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Tort Law: A 21st-Century Approach
Zahr K. Said
Tort Law: A 21st-Century Approach (TL21C) introduces students to tort law with a set of cases and methods that have been updated for 21st century legal education. Pairing classic cases with a host of recent, lesser-known cases, the casebook deliberately provides opportunities to engage with issues of race, gender, sexual orientation, ability, class as well as fundamental questions of civil justice. The book’s introduction diverges from the standard method of teaching torts, by framing the subject matter in terms of the three primary regimes of tort law—negligence, strict liability and the intentional torts—and by setting the stakes for questions of policy from the outset.
This casebook offers a series of 7 modules, each with numerous “Check Your Understanding” questions that permit students to answer questions that help them assess and expand upon their learning in real time. These and a number of “Socratic Scripts” may also facilitate online or “hybrid” learning at a moment in which innovative approaches to teaching are more in demand or indeed, necessary.
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Climate Finance and the Marshall Islands: Options for Adaptation
Lauren E. Sancken, Shweta Jayawardhan, and Brittany Wheeler
The integrity of the Republic of the Marshall Islands (RMI)’s physical territory is at risk due to the impacts of climate change. The atolls of the RMI are only a few meters above sea level, and increasingly frequent storms, drought, and severe weather events may render them uninhabitable [1] without immediate and long-term adaptation strategies. The RMI, like other small island developing states (SIDS), must choose and design effective adaptation options, as well as navigate how to finance them when the cost exceeds their financial means. Therefore, they require “climate finance,” dedicated funding to address the impacts of climate change.
This brief describes the adaptation options the RMI may consider and the finance available to support those choices. Part One describes potential Adaptation Choices, focused on the Preservation of Existing Islands, Construction of Artificial Islands, Planned Resettlement, and further Legal and Political Options that may arise through the Compact of Free Association (COFA) and other possible regional agreements. Part Two outlines Climate Finance Mechanisms in more detail, providing a Climate Finance Overview, a focus on Climate Finance and SIDS, and finally a discussion of The Role of Climate Finance in the RMI. The Conclusion discusses the possibility of a multi-part strategy: investing in measures to preserve island habitability, taking steps to advocate and attract financing for long-term adaptation measures, and negotiating to secure political and legal rights through existing or new agreements.
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Handling A Case With Potential Criminal Problems
Scott Schumacher and Mark E. Matthews
This chapter addresses issues facing taxpayers whose conduct has crossed the line from mere negligence or civil fraud into the realm of criminal conduct. With a “tax gap” of approximately $441 billion per year,the government relies on criminal tax prosecutions to “to protect the public interest in preserving the integrity of the nation’s tax system. Criminal tax prosecutions serve to punish the violator and promote respect for the tax laws." However, the line between civil and criminal tax cases is often blurry, and many cases that could be prosecuted criminally are resolved through civil tax proceedings. The purpose of this chapter is to educate general tax practitioners to make them conversant on the subject and to assist them in knowing when a civil tax case has criminal potential. It is not intended to teach a general tax practitioner how to represent someone in this area of the law.
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A Third Way: Decolonizing the Laws of Indigenous Cultural Protection
Monte Mills and Hillary M. Hoffmann
In A Third Way, Hillary Hoffmann and Monte Mills detail the history, context, and future of the ongoing legal fight to protect indigenous cultures. At the federal level, this fight is shaped by the assumptions that led to current federal cultural protection laws, which many tribes and their allies are now reframing to better meet their cultural and sovereign priorities. At the state level, centuries of antipathy toward tribes are beginning to give way to collaborative and cooperative efforts that better reflect indigenous interests. Most critically, tribes themselves are building laws and legal structures that reflect and invigorate their own cultural values. Taken together, and evidenced by the recent worldwide support for indigenous cultural movements, events of the last decade signal a new era for indigenous cultural protection. This important work should be read by anyone interested in the legal reforms that will guide progress toward that future.
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The Reconstruction Amendments
Peter Nicolas
This textbook provides a comprehensive, case- and problem-based approach to studying the Reconstruction Amendments—the Thirteenth, Fourteenth, and Fifteenth Amendments to the U.S. Constitution—with a particular focus on the Equal Protection and Due Process guarantees of the Fourteenth Amendment.
By focusing exclusively on the Reconstruction Amendments, Professor Nicolas's textbook is comprehensive while at the same time being relatively compact and affordable. At approximately 700 pages in length, the book is designed to be taught easily from cover-to-cover in as few as three semester hours.
A significant feature of the textbook is its organization. Rather than being organized in strict topical form, the book is organized primarily in historical order, with the Court's earliest cases at the beginning and its most recent ones at the end. The book thus returns to each doctrinal principle multiple times in concert with doctrinal developments over time. This historical approach provides insight into how changes in the Court's composition and philosophy over time have impacted all aspects of rights-based constitutional law, and also provides students with multiple opportunities to be exposed to any given doctrinal principle.
Another key feature of the textbook is the inclusion of complex hypothetical problems. Drawing on the success of the problem-based approach to evidence law used in his popular evidence textbook, Professor Nicolas has created fifteen detailed problems that are designed to help students apply doctrinal principles to fact patterns for which they lack precedent.
An online supplement that includes the U.S. Supreme Court's most recent precedents will be updated regularly and made available free of charge to students and instructors alike.
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The Reconstruction Amendments
Peter Nicolas
This textbook provides a comprehensive, case- and problem-based approach to studying the Reconstruction Amendments—the Thirteenth, Fourteenth, and Fifteenth Amendments to the U.S. Constitution—with a particular focus on the Equal Protection and Due Process guarantees of the Fourteenth Amendment.
By focusing exclusively on the Reconstruction Amendments, Professor Nicolas's textbook is comprehensive while at the same time being relatively compact and affordable. At approximately 700 pages in length, the book is designed to be taught easily from cover-to-cover in as few as three semester hours.
A significant feature of the textbook is its organization. Rather than being organized in strict topical form, the book is organized primarily in historical order, with the Court's earliest cases at the beginning and its most recent ones at the end. The book thus returns to each doctrinal principle multiple times in concert with doctrinal developments over time. This historical approach provides insight into how changes in the Court's composition and philosophy over time have impacted all aspects of rights-based constitutional law, and also provides students with multiple opportunities to be exposed to any given doctrinal principle.
Another key feature of the textbook is the inclusion of complex hypothetical problems. Drawing on the success of the problem-based approach to evidence law used in his popular evidence textbook, Professor Nicolas has created fifteen detailed problems that are designed to help students apply doctrinal principles to fact patterns for which they lack precedent.
An online supplement that includes the U.S. Supreme Court's most recent precedents will be updated regularly and made available free of charge to students and instructors alike.