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.
-
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.
-
Evidence: A Problem-Based and Comparative Approach, Fourth Edition
Peter Nicolas
This casebook provides a comprehensive, problem-based approach to studying the rules of evidence. Organized around the federal rules, this casebook provides coverage of every single rule; yet, through careful case choice and editing, Professor Nicolas has produced a book that can easily be taught from cover-to-cover in as few as three semester hours.
Key features of the casebook include approximately 120 in-depth problems that are designed to teach all the nuances of the rules, as well as coverage of selected state rules of evidence that differ significantly from the federal rules designed to facilitate class discussion about the policies underlying the rules of evidence.
The fourth edition of the casebook builds on the strengths of previous editions while at the same time updating it to reflect recent developments. The text has been revised to include all substantive amendments to the Federal Rules of Evidence through December 2017. The fourth edition contains edited versions of the Supreme Court's most recent Confrontation Clause decisions, including Williams v. Illinois and Ohio v. Clark. The fourth edition also includes recent decisions applying the rules of evidence to electronic evidence, including cases involving information found on social networking websites. In addition, the fourth edition contains expanded coverage of state rules of evidence that differ significantly from the federal rules. The fourth edition includes more explanatory text in each section of the casebook to help introduce students to the concepts explored in the cases and problems that follow. The fourth edition also includes dozens of new cases to provide students and teachers alike with "fresh" fact patterns. Finally, in an effort to keep the book manageable in length, Professor Nicolas has—as a general rule—tried to remove a page of material for every new page added.
-
Comparative Contract Law
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).
-
Representing Youth: Telling Stories, Imagining Change
Lisa Kelly and Kim 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.
-
Criminal Procedure: Cases and Materials, 2d edition
Tamara F. Lawson, L. Song Richardson, and Cynthia Lee
This student-friendly text, the only criminal procedure casebook authored by three female law professors of color (who also bring diverse criminal justice system experiences as a former prosecutor, private criminal defense attorney and public defender), highlights social justice issues intertwined with the law of criminal procedure, integrating issues of race, class, gender, and sexual orientation where relevant.
-
Washington Appellate Practice Deskbook (4th ed.)
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.
-
Commentaries on the Model Rules of Professional Conduct
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.
-
Robot Law
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.
--Publisher's description
-
Criminal Procedure: Cases and Materials
Tamara F. Lawson, Cynthia Lee, and L. Song Richardson
This student-friendly text, the only criminal procedure casebook authored by three female law professors of color (who also bring diverse criminal justice system experiences as a former prosecutor, private criminal defense attorney and public defender), highlights social justice issues intertwined with the law of criminal procedure, integrating issues of race, class, gender, and sexual orientation where relevant.
-
Bioethics and Law in a Nutshell, 2d
Elizabeth Pendo, Sandra H. Johnson, Robert L. Schwartz, and Robert Gatter
This book provides a concise analysis of areas in which the law has addressed issues in bioethics. Topics include assisted reproductive techniques and family-making, limitations on reproduction (including abortion, contraception and sterilization), the role of ethical and religious beliefs of health care professionals, the definition of death, end-of-life decision-making (including physician assisted death), genetics, research involving human subjects (including issues related to conflicts of interest), stem cell research, organ transplantation, and other emerging topics. The book provides an excellent introduction to the process of ethics decision-making as well as useful support for students.
-
Building on Best Practices: Transforming Legal Education in a Changing World
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.
-
American Indian Law: Cases and Commentary (3d ed.)
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.
-
Robot-Sized Gaps in Surveillance Law
Ryan Calo
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.
-
Cross-Examination Handbook: Persuasion, Strategies, and Techniques, 2d ed.
Ronald H. Clark; George R. Dekle, Sr.; and William S. Bailey
Cross-Examination Handbook: Persuasion, Strategies, and Techniques, 2E clearly explains all the important cross-examination skills and provides concrete strategies for overcoming the obstacles lawyers commonly face in cross and conducting a winning cross-examination. This trial handbook provides step-by-step practical techniques and strategies, including witness control, handling problematic witnesses, and successfully cross-examining experts. --Publisher's description
-
Ensuring Effective Education in Alternative Clinical Models
Deborah Maranville
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.
-
Transfer of Learning
Deborah Maranville
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.
-
Pathways, Integration, and Sequencing the Curriculum
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.
-
Incorporating Experiential Education Throughout the Curriculum
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.