Books

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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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.
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.
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.
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.
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.
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.
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.
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 21^st-Century Approach (TL21C) introduces students to tort law with a set of cases and methods that have been updated for 21^st 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.
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.
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.
Tort Law: A 21st-Century Approach

Zahr K. Said

Tort Law: A 21^st-Century Approach (TL21C) introduces students to tort law with a set of cases and methods that have been updated for 21^st 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.
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.
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.
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.
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.
Evidence: Cases, Materials, and Problems

Tamara F. Lawson, Paul F. Rothstein, and David Crump

Evidence: Cases, Materials, and Problems by Rothstein, Crump, and Lawson is the best casebook available for understanding the Federal Rules, using them, and debating about them. It is up to date, with plenty of cases from the twenty-teens. Organized principally according to the Federal Rules, with significant state variations occasionally noted, the book's copious, very descriptive section and subsection headings will help the professor to assign those parts that are desired.

There are problems throughout that challenge students both to apply newly learned concepts and to resolve issues at the cutting edge. Areas that deserve less analytical attention but are nevertheless important for the student to know something about, are succinctly summarized in the book by time-saving informational text, rather than cases. Such text can be assigned and may not even need to be discussed in class.
Research Handbook on Patent Law and Theory, Second Edition

Toshiko Takenaka Prof.

This significantly updated second edition of the Research Handbook on Patent Law and Theory provides comprehensive coverage of new research for patent protection in three major jurisdictions: the United States, Europe and Japan.

Leading patent scholars and practitioners provide an innovative comparative analysis of fundamental issues such as patentability, examination procedure and the scope of patent protection, with current issues such as patent protection for industry standards, computer software and business methods. Updates to this second edition reflect on the dramatic changes that have taken place in the US Patent System since the first edition, including the American Invents Act that has introduced the first-inventor-to-file policy and post-issuance proceedings to challenge validity. Current topics such as the Unified Patent Court, patent litigation updates reform in the US, design patents and patent inventions in medical science are also addressed.

Providing a strong scholarly foundation, as well as useful tips for practitioners to protect their intellectual assets in technologies effectively in the global market, this Research Handbook will be of great interest to legal scholars and students, as well as lawyers and patent attorneys.
Wildlife Law: A Primer, Second Edition

Todd A. Wildermuth, Eric T. Freyfogle, and Dale D. Goble

Wildlife is an important and cherished element of our natural heritage in the United States. But state and federal laws governing the ways we interact with wildlife can be complex to interpret and apply. Ten years ago, Wildlife Law: A Primer was the first book to lucidly explain wildlife law for readers with little or no legal training who needed to understand its intricacies. Today, navigating this legal terrain is trickier than ever as habitat for wildlife shrinks, technology gives us new ways to seek out wildlife, and unwanted human-wildlife interactions occur more frequently, sometimes with alarming and tragic outcomes.

This revised and expanded second edition retains key sections from the first edition, describing basic legal concepts while offering important updates that address recent legal topics. New chapters cover timely issues such as private wildlife reserves and game ranches, and the increased prominence of nuisance species as well as an expanded discussion of the Endangered Species Act, now more than 40 years old. Chapter sidebars showcase pertinent legal cases illustrating real-world application of the legal concepts covered in the main text.

Accessibly written, this is an essential, groundbreaking reference for professors and students in natural resource and wildlife programs, land owners, and wildlife professionals.
Trade Facilitation and the WTO

Jane K. Winn and Sheela Rai

With efforts for further substantive liberalization of trade showing little signs of success, focus has shifted to the rationalization and simplification of procedural regulations in international trade. The Agreement on the Trade Facilitation in Goods came into force in 2017, and proposals for similar agreements for trade in services and foreign investment have been submitted and are under discussion. This book discusses both existing and proposed provisions on trade facilitation within the World Trade Organisation (WTO). It covers relevant General Agreement on Tariffs and Trade (GATT) provisions and jurisprudence, the negotiating history of the Trade Facilitation Agreement in Goods, provisions of the WTO Trade Facilitation Agreement and their relevance for developing countries’ concerns, with special emphasis on India, and the prospects for a global digital trade facilitation platform. The book also discusses the desirability for trade facilitation agreements for services and investment and the possibility of success of the proposals submitted in this regard in the WTO.
Law, Science and Experts: Case Problems and Strategies

William S. Bailey

While expert witnesses and forensic evidence increasingly have taken a dominant role in both criminal and civil litigation, lawyers remain largely untrained in the scientific method. In 2009, the National Academy of Sciences was highly critical of the use and abuse of forensic evidence, noting the difficulty in determining its reliability. Combined with Law, Science and Experts: Criminal and Civil Forensics, this four-color book meets this challenge head-on, providing the complete experiential package and helping to transform the classroom. It contains eight criminal and civil case problems, offering students exciting, unparalleled learning opportunities.
Software Law and Its Application

Robert W. Gomulkiewicz

Software Law and Its Application, Second Edition covers the statutes, cases, and regulations which provide legal protection for computer software with a practice-focused approach.
Licensing Intellectual Property: Law and Application, Fourth 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 changes 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 assests 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.
Intellectual Property, Software, and Information Licensing: Law and Practice, Second Edition

Xuan-Thao Nguyen, Robert W. Gomulkiewicz, and Danielle M. Conway

License transactions play a leading role in the modern information economy. They provide a critical legal mechanism for both technological and business model innovation. They also underlie the creation, dissemination, and use of intellectual property and other intangible assets that give the information economy its name. There has been much attention paid to the creation and protection of information assets but less focus on the transactions (licenses) that bring them to the marketplace. This is one reason we decided that the time was ripe for a new book on this subject. This book is not the first to discuss license transactions. We believe it is the first, however, to comprehensively address licensing in the many contexts in which it arises in the information economy, e.g., mass market consumer software transactions, product development, open source software, multimedia, patent pools, franchising, merchandising, university technology transfers, government contracts, financing, corporate acquisitions, litigation, taxation, bankruptcy, and antitrust. It is also the first book to provide detailed treatment of both the theory and the practice of licensing. Some books focus on drafting licenses and others focus on legal theory; our book strives to be comprehensive in discussing both the theory and the practice of licensing law. It contains many cases and many samples of license provisions. This dual focus comes out of our conviction that the best licensing lawyers are those who have mastered both aspects of licensing.