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.
-
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.
-
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 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.
-
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.
-
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.
-
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.
-
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.