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.
As cross-border transactions expand in our contemporary global economy, the significance of comparative contract law is evermore apparent. In addition the role of lawyers in transactional counselling as well as dispute resolution has become increasingly prominent. Appreciation of the principal similarities and differences between the two major subdivisions of Common Law—the United States and the British Commonwealth—and Civil Law—French versus German law—has thus become imperative. Together with an original introduction by the editor this compilation of classic key papers by leading scholars endeavours to facilitate such appreciation and will prove an essential reference point for students, researchers and policymakers.
Professor John O. Haley was on the faculty of the University of Washington School of Law from 1974 to 2000. He was an Affiliate Professor of Law and/or Visiting Professor of Law from 2003 to the present (2017).
Lisa Kelly and Kimberly Ambrose
Representing Youth is an innovative text for those seeking to understand the complexities and context of legal systems impacting youth. This text begins with a chapter outlining systems basics but quickly transitions into a fictionalized narrative seen through the eyes of the young people, families, communities, and professionals at the center of the child welfare and offender systems. Readers have access to relevant law and social sciences through extensive footnotes. Lawyering skills and ethics are raised in breakout boxes, and exercises at the end of each chapter challenge readers to think critically and imagine change.
The Washington Appellate Practice Deskbook is the only treatise devoted exclusively to practice in Washington appellate courts, providing not only analysis of the Rules of Appellate Procedure but simple and direct practice tips for both the novice and the experienced appellate lawyer.
In addition to addressing amendments to the Rules of Appellate Procedure, the two volumes of the fourth edition have been reorganized to more efficiently answer questions of appellate practice and procedure–from appealability (final or interlocutory order? applicable standard of review? issue preserved for review?), to staying enforcement of trial court decisions, to administrative law appeals, brief writing, oral argument, Supreme Court practice, and attorney fees and costs on appeal.
University of Washington School of Law Professor Helen Anderson contributed to this work.
Thomas Andrews and Karen Boxx
This Fifth Edition of the ACTEC Commentaries continues the tradition of providing guidance on the Model Rules of Professional Conduct particular to estate and trust practitioners. The Fifth Edition update to the Commentaries takes account of amendments to the Model Rules adopted since the 2005 Fourth Edition, including those proposed by the American Bar Association Commission on Ethics 20/20 as adopted by the ABA in 2012 and 2013. It is current through August 31, 2015 as there have been no amendments to the Model Rules since 2013.
In addition to these updates, we have added Commentary and Annotations to four more of the Model Rules: MRPC 1.10, 5.3, 7.1, and 8.5 after concluding that these rules have a special kind of impact on trust and estate practice that justified including them.
This edition also takes into account related ABA developments beyond the Model Rules that affect estate and trust practitioners. In particular, we have updated the Commentaries and Annotations to take into account the work of the Financial Action Task Force (FATF) and the ABA’s response to that work as they affect trust and estate practice.
Ryan Calo, A. Michael Froomkin, and Ian Kerr
Robot Law brings together exemplary research on robotics law and policy–an area of scholarly inquiry responding to transformative technology. Expert scholars from law, engineering, computer science and philosophy provide original contributions on topics such as liability, warfare, domestic law enforcement, personhood, and other cutting-edge issues in robotics and artificial intelligence. Together the chapters form a field-defining look at an area of law that will only grow in importance.
Building on Best Practices is a follow-up to Best Practices for Legal Education, a project of the Clinical Legal Education Association, authored primarily by Roy Stuckey. With contributions from more than 50 legal educators, this new volume is not a second edition, but is intended to be used in conjunction with the original volume, as the core content of Best Practices remains just as useful as when it was originally published. In the wake of new ABA Accreditation Standards, the MacCrate Report, and other changes, legal education is called upon today to respond to a broader view of what lawyers must be trained to do. Building on Best Practices identifies ten such areas and provides guidance on what and how to teach them. The demand to teach a broader range of knowledge, skills, and values presents difficult trade-offs, however, that are also considered.
Robert T. Anderson, Bethany Berger, Sarah Krakoff, and Philip P. Frickey
This casebook provides an introduction to the legal relationships between American Indian tribes, the federal government, individual states, and others. The foundational cases are incorporated with statutory text, background material, hypothetical questions, and discussion problems to structure the classroom experience and enhance student engagement. Historical materials are explained to highlight their modern relevance. The third edition includes expanded materials on law and order within Indian country, the Indian Child Welfare Act, and recent Executive Branch actions that increase tribal authority.
The past several years have seen a renewed interest in robotics, including by lawmakers. More than a dozen states have one or more robot-specific laws on the books. One of the issues lawmakers are concerned about is privacy. Thus, several states now limit how public or private entities may use drones for surveillance.
That robotics would raise privacy concerns is hardly surprising: robots implicate privacy practically by definition. Robots differ from previous and constituent technologies such as laptops precisely in that they proactively explore the physical world. But, owing to the inability of lawmakers and courts to think more broadly about robotics as a technology, emerging law creates or fails to close certain gaps in privacy law.
Best Practices for Legal Education organized its discussion of experiential courses around the “simulation-based courses, in-house clinics, and externships” typology without specifically defining what structures fall within each category or discussing the variations. The discussion of in-house clinics focused on fundamental principles for effective teaching and supervision and the need for appropriate facilities and office support. It only implicitly addressed the range of issues presented by alternative structures for clinics and did not address alternative externship structures or variations that combine features of both.
A key characteristic of effective education is that students are able to retain and build on the information, skills, and values they learn in their work in later courses and in the world. Doing so is known as transfer of learning. Ultimately, for law students that means they are able to transfer what they learn into the work they do as professionals. Best Practices for Legal Education did not delve deeply into the educational literature on transfer of learning.
Underlying its preparation for practice theme, however, was an implicit recognition that both individual law teachers and law schools as institutions must educate students in a manner that facilitates transfer. Law teachers know all too well the challenges of achieving transfer: students often deny having encountered a legal doctrine that was unquestionably covered in another class. While this phenomenon raises other important questions, such as to what extent and for how long do students retain information conveyed in the classroom, it also potentially raises the question of transfer of learning. Even if students remember the information in its initial context, can they draw on it in a new one?
Transfer is a core issue for effective teaching and learning, especially in the context of professional education where students are expected to be able to use their skills–even if the skills in question are solely the analytical ones supposedly taught in the conventional law school classroom–when they encounter new problems. Yet, until recently, how to create conditions that will lead to transfer has been a neglected question in legal education.
Transfer of learning is critical if law schools intend to educate skilled professionals, but the research suggests that achieving transfer is neither easy nor automatic. Thus, for both the individual teacher and law schools responding to the call to either improve or truncate legal education, it is a best practice to attend to educational strategies to improve transfer of learning, both from individual courses and the curriculum as a whole.
Deborah Maranville and Cynthia Batt
Law school course offerings have proliferated in recent decades. This development reflects the addition of specialized doctrinal courses, a growing emphasis on interdisciplinary knowledge, and the incorporation of practice-oriented courses. From the perspective of the individual student, an expanded curriculum may create exciting educational opportunities while posing trade-offs between a generalist education and specialization.
Law schools face two key challenges. First, they must structure the curriculum so that the experiences of individual law students have some coherence, or, if you will, seem integrated. Second they must incorporate the full range of what the Carnegie Reports referred to as the apprenticeships of formal knowledge, professional skill, and identity and purpose and what the MacCrate Report and Best Practices for Legal Education previously articulated as knowledge, skills, and values.
This section discusses three approaches–not mutually exclusive–to structuring the law school curriculum. One way to strive for that goal is through course advising with structured pathways through the curriculum and concentrations. A second approach is to integrate the curriculum: connect the individual courses that a student takes, both those taken concurrently and across the years the student is enrolled in law school. The objective is that students have a sense that the learning in the various courses relates to and reinforces the learning in others. A third approach is to engage in a particular type of integration: sequence the curriculum by structuring offerings from introductory to intermediate to advanced, so that later classes build on the concepts and skills learned in earlier ones.
Although scattered integration and sequencing efforts date back decades, empirical research is not available to definitively confirm their status as best practices. Further experimentation with integration and sequencing is warranted as a best practice.
Deborah Maranville, Cynthia Batt, Lisa Radtke Bliss, and Carolyn Wilkes Kaas
In discussing experiential education, Best Practices for Legal Education focused primarily on the three traditional types of separate experiential courses: in-house clinics, externships, and simulations, and treated them in a separate chapter. These courses were defined as those where “experience is a significant or primary method of instruction” rather than a secondary method, and where “students must perform complex skills in order to gain expertise.”
Arguably, this separate treatment reinforced what has too often been a divide between doctrinally-focused teaching and practice-focused teaching. Best Practices recognized that “experiential education can be employed as an adjunct to traditional methodologies regardless of class size” through methods such as incorporating simulation exercises into doctrinally-focused courses. It did so, however, only as part of its discussion of best practices for legal education generally.
This section builds on Best Practices by emphasizing the need to incorporate experiential education throughout the curriculum in order to maximize its educational impact. The term “experiential education” is, therefore, used to encompass both separate experiential courses and what will be termed “experiential modules.” Because a key distinction in experiential education is between simulated and real experiences, the term “clinical legal education” will be restricted to separate courses involving real experiences—law clinics, externships and offerings using alternative models, often termed “hybrids.” The term “law clinics” will be used to include both traditional in-house clinics taught by full-time faculty, and other structures that provide a similar level of intensive, integrated teaching and supervision.
As Best Practices suggested, it is helpful to distinguish “experiential learning” and “experiential education.” Both happen in law school, and in life; both are important. Experiential learning is simply a primary way that people learn on their own, whereas experiential education involves active and purposeful design and teaching. A focus on experiential education directs law schools and individual legal educators to their role in ensuring that maximum learning takes place beyond raw experience. The way in which each teacher integrates experiential education methods will often determine how far the students develop as lawyers in response to those methods. The way in which a law school designs and delivers a coherent array of courses to allow a student to progress from novice to (reasonably) competent professional in three short years will, more and more, define its efficacy, reputation, and leadership as a provider of legal education.
Deborah Maranville, Ruth Anne Robbins, and Kristen K. Tiscione
Legal education has expanded to incorporate practice-oriented topics and courses over the past several decades, and student academic support services have multiplied in response to changing student populations. As a consequence of these changes, law schools are overdue to address the issue of the status of the individuals they hire to fill the multiple and ever expanding needs and interests of students.
Should law schools hire new personnel as teachers, staff, or administrators? If hired as teachers, what titles and governance rights should they be given? Should they be eligible for tenure, presumptively renewable long-term contracts, or short-term contracts? What workloads are appropriate and what courses permitted?
Status and fairness issues for law teachers accompanied the rise of experiential programs, including clinical and legal research and writing programs. More recently, similar issues have arisen with academic support teachers, whose courses may be mandatory for certain students, and have intensified for externship teachers at many schools.
Best Practices for Legal Education identified as a “best practice to enhance the effectiveness of faculty in experiential courses” that “a school uses qualified faculty, provides professional development opportunities, and assigns reasonable workloads in its experiential education courses.”
Faculty status is a key dimension of enhancing the effectiveness of faculty, and this section provides an overview of the issues involved in debates over faculty status.
Elizabeth G. Porter
The Socratic method, one of Langdell’s most well-entrenched reforms to legal education, remains the law’s signature pedagogical technique. Although the term means different things to different people, its essence in the law school classroom is student analysis of cases led by a teacher, who calls on students to articulate gradually deeper understandings of a legal doctrine or theory.
Socratic learning requires students to think on the spot, answer precisely, and take intellectual risks. For over a decade now, the Socratic method has been out of fashion among those who write about legal pedagogy. In addition, the method’s critics describe what they view as the alienation and humiliation of students, an inattention to legal theory and professionalism, and a lack of clear learning outcomes.
Indeed, both Best Practices for Legal Education and Educating Lawyers: Preparation for the Profession of Law criticized or downplayed the value of the Socratic method. Best Practices concluded that the Socratic method should be “used sparingly.”
These critiques undervalue the Socratic method. As the Carnegie Report acknowledged, the Socratic method is an easily scalable, effective, deeply engaging way to achieve active student learning, particularly but not only in larger doctrinal classes. Similarly, Best Practices recognized that “[t]ailored and applied flexibly, the case method . . . can provide a logical, overall methodology for approaching and thinking about all sorts of situations.” Those positive findings remain true. The Socratic method gives students a strong incentive to prepare well for class every day, and during class it forces both students and the teacher to focus intensely, to listen to others, and to express their ideas in a cogent, persuasive, and professional manner.
These qualities—thorough preparation, focus, listening skills, cogent analysis, and good judgment—are fundamental to successful lawyering. Finally, contrary to its reputation, the Socratic method is also a wonderful way to create a sense of community and shared learning purpose among students, even in a large class. These attributes of Socratic teaching look even stronger in comparison with the most commonly used alternative—lectures, perhaps punctuated by text-heavy PowerPoint slides.
Indeed, while the method has fallen from favor in law schools, cutting-edge colleges are now seeking to expand Socratic-type interactive teaching in order to raise the level of engagement among students. In recognition of the continuing centrality and vitality of the Socratic method, this section therefore focuses on best practices for optimizing the effectiveness of this active learning style. The basics of the Socratic method are well described elsewhere (and will have been experienced by almost all readers of this volume).Therefore, this section will not describe the methodology in detail. Instead, it will situate the Socratic method within a framework describing the level of active learning of the most frequently used pedagogical techniques in the non-clinical law school classroom. Then it will focus on three fundamental tools for creating and maintaining a successful course that uses the Socratic method for active learning.
Craig H. Allen
For those who operate on, under and over the sea, international law can sometimes be as complex as it is important. Written by the same former seagoing officer and maritime law professional who authored the current edition of Farwell’s Rules of the Nautical Road, this book was designed to bring clarity and context to international law for the seagoing professional.
Following an introduction to public international law and a short history of the law of the sea, the book describes the rules that apply in ports and in the adjacent maritime zones, including the territorial sea, exclusive economic zone, archipelagic waters and the high seas. A highlight of the book are the chapters that focus on the subjects of greatest interest to the seagoing professional, including military and intelligence activities in the maritime domain, maritime law enforcement activities and the use of force at sea.
The appendices include the text of the 1982 UN Convention on the Law of the Sea. Whether an academy cadet, a midshipman, a seasoned commanding officer, or a master mariner, readers of this thorough and timely book will be rewarded with a far greater understanding of the international laws that govern ships and mariners at sea.
Tom Andrews, Karen Boxx, and Ann Murphy
The one-volume indispensable reference on community property law in Washington covers all substantive developments in Washington community property law–including registered domestic partnerships, same-sex marriage, and the law of committed intimate relationships–through the U.S. Supreme Court’s June 2013 decision on Section 3 of the federal Defense of Marriage Act (DOMA).
Mary D. Fan
Amid economic and political turmoil, anti-immigrant legislation has flared again among a handful of fiercely determined states. To justify the intrusion into national immigration enforcement, the dissident states invoke imagery of invading hordes of “illegals”—though the unauthorized population actually fell by nearly two-thirds, decreasing by about a million people, between 2007 and 2009 as the recession reduced the lure of jobs.
Arizona’s Senate Bill 1070—recently invalidated in part by the U.S. Supreme Court in Arizona v. United States—led the charge. By preelection-year summer 2011, several states enacted laws patterned after Arizona’s controversial Senate Bill 1070, including Alabama’s even more aggressive HB 56. A host of lawsuits are pending against the new laws, which are at least partially invalid after Arizona v. United States. Other controversial proposals circulate, such as eliminating birthright citizenship or branding the birth certificates of alleged “anchor babies” implanted in the United States by foreigners.
This chapter examines how the spurt of state legislation is a proxy way to vent resurgent racialized anxieties and engage in friend-enemy politics founded on conflict with the “Other”—the foreign enemy within—in a time of economic and political turmoil. Despite the ostensibly a-racial construct of the illegal alien used to legitimize the lashing out, it is suffused with racialized perception. Current tactics parallel the overtly racialized hostility of past episodes of states enacting out anti-immigrant legislation. The oft-raised concern in such a fiercely polarized time is racial discrimination. Antidiscrimination law, however, does not offer the remedy for this concern.
Part 1 analyzes two hot-button forms of resurgent state and local anti-“alien” laws of our times—laws patterned on the Arizona template and the anti–birthright citizenship movement. It explores the dominance of racialized anxieties behind the seemingly race-neutral construct of the vilified alien. Part 2 contrasts the friend-enemy politics and legislation of our contemporary scene with the state and local legislation and furor against the Chinese during the turbulent politics of the last quarter of the nineteenth century. Part 3 examines the polarization-ameliorating bases for decisions to cut back on overreaching state and local laws in order to make shared interests, rather than racial difference, salient while protecting underlying antidiscrimination values. The approach helps build bridges between dissonant worldviews to navigate the profoundly polarized politics and legislation of our times.
Mary D. Fan
Cycles of fear over perceived undesirables have fueled a thickening entanglement between immigration and criminal law in the United States. Surging criminalization and prosecution of immigration violations, expanding crime-related bases for exclusion and deportation, and the broadening powers to detain and investigate have reshaped the criminal law’s connections to immigration. Immigration law has increasingly permeated and permuted criminal law and procedure. Conversely, criminal-law consequences have transformed civil immigration law. Courts have pushed back on some of the dangers of fierce popular passions in the criminal immigration context. Ultimately, however, the future of this murky and precarious domain depends on finding a way to bridge fierce divides in the political branches.
Richard Seamon, Andrew Siegel, Joseph Thai, and Kathryn Watts
The Supreme Court Sourcebook provides carefully selected, edited, and analyzed materials from academic literature and judicial opinions. Teachable examples range from certiorari petitions, cert pool memos, to other litigation papers and internal court documents. The flexible organization suits a variety of undergraduate and graduate courses. An online component keeps the book current and interesting, with ready-to-use materials in pending cases for advocacy and opinion-writing simulations. The combined package gives professors a turnkey solution for teaching a theoretical course (examination of the Supreme Court as an institution), a hands-on course (simulations of oral argument and opinion writing in pending cases), or any custom combination in between.
All of the authors have significant experience working for the Supreme Court: Seamon served with now Chief Justice John Roberts in the Office of the U.S. Solicitor General, representing the U.S. in cases before the Court; Siegel clerked for Justice John Paul Stevens; Thai clerked for Justice John Paul Stevens and Justice Byron R. White; and Watts clerked for Justice John Paul Stevens.
Robert T. Anderson
Cohen's Handbook of Federal Indian Law is an encyclopedic treatise written by experts in the field, and provides general overviews to relevant information as well as in-depth study of specific areas within this complex area of federal law. This is an updated and revised edition of what has been referred to as the "bible" of federal Indian law. This publication focuses on the relationship between tribes, the states and the federal government within the context of civil and criminal jurisdiction, as well as areas of resource management and government structure. The 2012 Edition of Cohen's Handbook of Federal Indian Law also includes coverage of:
• Current topics such as Indian gaming and taxation
• History and structure of tribal governments and tribal law
• Tribal and individual Indian property rights, including intellectual property rights
• Water rights
• Hunting, fishing, and gathering rights
• Economic development issues
• Government programs
This compact publication is the only comprehensive treatise explicating one of the most difficult areas of federal law. Used by judges as well as practitioners, this publication provides the tools to understand the law and to find relevant cases, statutes, regulations, and opinions critical to answering legal questions about federal Indian law. This updated edition remains the definitive guide to federal Indian law.
M. Ryan Calo
Robots are commonplace today in factories and on battlefields. The consumer market for robots is rapidly catching up. A worldwide survey of robots by the United Nations in 2006 revealed 3.8 million in operation, 2.9 million of which were for personal or service use. By 2007, there were 4.1 million robots working just in people’ s homes. Microsoft founder Bill Gates has gone so far as to argue in an opinion piece that we are at the point now with personal robots that we were in the 1970s with personal computers, of which there are many billions today. As these sophisticated machines become more prevalent—as robots leave the factory floor and battlefield and enter the public and private sphere in meaningful numbers—society will shift in unanticipated ways. This chapter explores how the mainstreaming of robots might specifically affect privacy.
It is not hard to imagine why robots raise privacy concerns. Practically by definition, robots are equipped with the ability to sense, process, and record the world around them. Robots can go places humans cannot go, see things humans cannot see. Robots are, first and foremost, a human instrument. And, after industrial manufacturing, the principle use to which we’ve put that instrument has been surveillance.
This chapter attempts to introduce a variety of ways in which robots may implicate the set of societal values loosely grouped under the term “privacy.” The first two categories of impact—surveillance and access—admit of relatively well-understood ethical, technological, and legal responses. The third category, however, tied to social meaning, presents an extremely difficult set of challenges. The harms at issue are hard to identify, measure, and resist. They are in many instances invited. And neither law nor technology has obvious tools to combat them. Our basic recourse as creators and consumers of social robots is to proceed very carefully.
Antonio A. Cassese, Guido G. Acqiaviva, Mary De Ming Fan, and Alex A. Whiting
International Criminal Law: Cases and Commentary presents a comprehensive practice-oriented explanation of the development of major areas in substantive international criminal law through a selection of key illustrative cases from domestic and international jurisdictions.
The book focuses on law related to individual criminal liability for war crimes, crimes against humanity, genocide, and aggression, with specific attention paid to sources of international criminal law, fundamental principles of criminal responsibility, and defences. The decisions presented in the book are helpfully accompanied by short introductions setting out the circumstances of each case and brief commentaries on the importance of the decision and principles illustrated.
William R. Andersen
Mastering Administrative Law is designed as a supplement to law school courses in administrative law or as an introduction to the subject for lawyers trained in other legal systems. The book explicitly and in plain language identifies the functions of the various principles of administrative law. It covers all the basic administrative law topics, including how the administrative process fits into our governmental structure, typical agency procedures (e.g., rulemaking, adjudication, investigation, etc.), important statutes affecting agencies (e.g., the freedom of information act), constitutional limits on legislatures and agencies and the limited but critical role of the courts in helping monitor the process.
A number of classroom-tested graphics—charts, tables, diagrams—supplemented this text by identifying essential doctrinal components and illustrating important doctrinal relationships.
Robert T. Anderson, Bethany Berger, Philip P. Frickey, and Sarah Krakoff
(American Casebook Series)
Cargoes of Doom: National Strategies of the U.S. to Combat the Illicit Transport of Weapons of Mass by Sea
Craig H. Allen
The growing availability of weapons-grade plutonium and uranium, as well as radioactive materials that could be used to produce a radiological dispersal device or “dirty bomb,” poses a grave threat to international peace and security and to the security of the United States. The existing nonproliferation regime has so far failed to address adequately international and national security concerns. Accordingly, a number of states, including the United States, have launched national and multilateral efforts to combat proliferation of weapons of mass destruction. This chapter seeks to provide an overview of the security strategies of the United States that are relevant to an analysis of the legal and policy issues surrounding efforts to prevent or disrupt the illicit transport of weapons of mass destruction by sea. It is hoped that these materials will provide a foundation for the reader to evaluate the other contributions in this collection.