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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Faculty Status and Institutional Effectiveness

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.
The Socratic Method

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.
International Law for Seagoing Officers (6th ed.)

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.
Washington Community Property Deskbook (4th ed.)

Thomas 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).

--Publisher's description
Law, Science and Experts: Civil and Criminal Forensics

William S. Bailey and Terence J. McAdam

While science and technology have taken a major role in resolving legal disputes, experience has shown the difficulty of determining the reliability of this evidence. This book takes an in-depth look at the challenges of experts and forensic evidence, both civil and criminal, exploring the conflicts between law the science, the judicial gatekeeper function and the impact of the adversary system.

The main objectives of the book are to use evidence, procedure and doctrinal information in solving challenging real-life problems involving expert testimony. It requires the use of strategy and effective communication skills. The teacher’s manual has civil and criminal case material that will provide guided experiential learning opportunities for law students.

The book is equally useful to civil and criminal practitioners, drawing on the informed perspectives of judges, law professors, leading practitioners and forensic experts.

This book is the first of its kind in the legal field, a hybrid approach that analyzes cases and trends regulating the use of expert testimony. The use of science and mathematics is approached in a user-friendly way for non-scientists, effectively decoding what the Daubert decision actually means for actual practice. The authors cover the total range of both civil and criminal forensics, giving the reader a comprehensive foundation. Above all else, a book on forensics should be interesting and this one is all of that, drawing from multiple interviews of insiders who are well-familiar was the use and abuse of expert testimony. The multiple color illustrations are totally unique for a law book, reinforcing the text, making a vivid experience for both teacher and student. A DVD of a computer animation presenting expert testimony gives the book a distinct high tech slant. -- Publisher's description
Post-Racial Proxy Battles over Immigration

M. 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.
The Law of mmigration and Crime

M. 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.
The Law of Evidence in Washington

Maureen A. Howard and Robert H. Aronson

The Law of Evidence of Washington, Fifth Edition, is a complete guide and a practical courtroom reference delivering everything a trial lawyer needs to know about the Washington Evidence Rules.
The Supreme Court Sourcebook

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.
Cohen's Handbook of Federal Indian Law

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.

--Publisher's description
Washington State Dependency Best Practices Report

Justice Bobbe J. Bridge, Michelle Ressa, Jacob D'Annunzio, Hathaway Burden, Dr. Sheri L. Hill, Lisa Kelly, and Rose Wentz

The judge's work in child abuse and neglect cases is among the most challenging of any judicial proceeding. The complexities are substantial. Such cases depend upon the exercise of discretion and good judgment together with the application of sound legal principles. The judge must call upon his or her most cherished skills—objectivity, wisdom, patience, and foresight—in circumstances of acute stress. Lives are literally at stake—the lives of the most vulnerable children and youth in our communities and the lives of families wracked by generations of poverty and despair. Families, children, and youth who have experienced intense trauma; who may be mentally ill; where domestic violence may have become a way of life; where substance abuse, alcoholism, and the experience of incarceration have become normal, all rely on the dependency judge for timely and just resolution. The judge is called upon to bring safety, well-being, and permanence to the child. Decisions must be made. Problems must be solved. The stakes are high.

What makes this work possible is judicial leadership and system collaboration: the internal system in your courtroom and your courthouse; the external system among the community of stakeholders, service providers, other branches of government, and the like. Embracing these internal and external resources not only makes your job easier but also richer, and good results are more likely to ensue for the troubled children and families we serve. This collection of practices provides options for this important work—options that have been proven to result in better outcomes. They provide real, achievable, cost-effective, and efficient means to improve the process as well. Use them. They will enhance the already extraordinary work you are doing every day.
Show the Story: The Power of Visual Advocacy

William S. Bailey and Robert W. Bailey

When you litigate a case, you know every detail intimately. You know your client, you've seen their injuries at the worst, you've been to the accident scene, and commiserated with the witnesses. The mediator, the judge, the jury—they have nothing more than the series of words you string together. That is, unless, you Show the Story. In this ground breaking work by attorney William Bailey and trial consultant Robert Bailey, you'll learn to create compelling visual presentations and make your cases come alive. This is more than a simple posterboard or powerpoint slide. It's learning how to tell a story in pictures—presenting the setting, the defendant, the actions, and the defendant's choices in images. What happened, and when did it happen?

The authors explain how to get the judge to allow your graphic presentation, with extensive discussions about what meets the standards for evidence. You'll learn how to work with a graphic arts professional in getting the right information to the artist, and when and how to involve your client. You'll also learn strategies for making sure your story in pictures gets in to the jurors' and decision makers' heads—and stays there—throughout the trial and into deliberations.

This masterpiece on visual communication teaches you to think in pictures, then present those pictures in a compelling way to your audience. Filled with examples, presentations used in actual cases, and step-by-step instructions, Show the Story is your key to becoming an effective visual communicator in the courtroom and in conferences. -- Publisher's description
Robots and Privacy

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.
International Criminal Law: Cases and Commentary

Antonio A. Cassese, Guido G. Acqiaviva, M. 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.
Meaningful Legal Representation for Children and Youth in Washington's Child Welfare System: Standards of Practice, Voluntary Training, and Caseload Limits in Response to HB 2735

Lisa Kelly

Introduction, pages 1-2

Executive Summary, pages 3-4

Child Recommendation Practice Standards, pages 5-14

Voluntary Training Recommendations, page 15

Supporting Documentation
- Appendix A, HB 2735, Tab A
- Appendix B, Children's Representation Sub-Workgroup Membership List, Tab B
- Appendix C, American Bar Association Standards of Practice for Lawyers Who Represent Children in Abuse and Neglect Cases, Tab C
Mastering Administrative Law

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.
American Indian Law: Cases and Commentary (2d ed.)

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 Destruction 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.

--Introduction
Fundamentals of the U.S. Administrative Law

William R. Andersen
Treaty Substitutes in the Modern Era

Robert T. Anderson

Although the U.S. Congress prohibited treaties with Indians after 1871, there are significant parallels between treaty negotiations prior to that ban and modern Indian tribes’ negotiations with the federal government regarding land and natural resource claims. The power balance in both cases has been such that the Indian tribes have had to concede that the United States can unilaterally determine most issues about which it will negotiate. In no case has the government been willing to put its ultimate sovereignty within U.S. borders at issue, and certain rights that tribes may wish to obtain or reaffirm have been off limits as a practical matter.

People familiar with Indian policy in the United States sometimes assume that the doctrine of discovery—the claim that European nations acquired title to American land they “discovered,” leaving indigenous inhabitants with a mere right of occupancy—is a relic of the past, along with the corresponding colonial mind-set. On the one hand, since the dawn of the current self-determination policy era in the mid-1960s, the property rights of Indian tribes do seem to be held in higher legal and moral regard than during earlier times. On the other hand, in recent years when the Supreme Court and Congress have faced fresh issues regarding aboriginal property rights, both bodies have returned to approaches that have more in common with the proponents of manifest destiny than the professed self-determination policy. Although current federal policy in support of tribal self-determination has undoubted benefits for the tribes, it is the federal government that defines the outer bounds of tribal sovereignty and dictates those outer bounds in much the same fashion as in the nineteenth century.
The Evolution of Natural Resources Law and Policy (Lawrence J. MacDonnell & Sarah F. Bates eds.)

Lawrence J. MacDonnell and Sarah F. Bates

Natural resources law has emerged over the last 60 years as a dynamic and challenging field of practice, with a rich and colorful history that reaches back to the beginning of the United States. Globalization, corporate dominance, and shifts in resource management may seem like the latest topics, but as this book points out, they are nothing new. The North American continent was "discovered" by Europeans during an era of expanding global trade, and quasi-public actors such as the Massachusetts Bay Company and Hudson's Bay Company, as well as private concerns such as the railroads, played huge roles over the centuries.

The contributors to The Evolution of Natural Resources Law and Policy do more than take a look at the past, however: they chart the course of the future as well. Throughout the book shows how the role of the federal government continues to be a complex one, as markets and private actors become more visible participants in the current policy arena. The first part -- Reflections on Natural Resources Law and Policy -- comprises foundational analyses of the law. The first chapter begins with an historical tour through federal land policy and offers three different perspectives: an "incremental vision" that forecasts the future evolving slowly from past policy; an optimistic view that a change in property rights law will restore the primacy of public rights in public lands; and a less positive scenario where climate change limits the ability of resource-based institutions to cope with future challenges. Other chapters deal with
- Ethical questions involved with climate change and sustainability
- The limitations of classical cost-benefit analysis applied to natural resources law
- The continuing importance of tort and property law to the field of natural resources
- Property rights in natural resources law, which are traditionally either too clear or too vague
- The myriad problems that arise under the U.S. Constitution in natural resources law
Armed Groups and the Law

Craig H. Allen

In the tumultuous opening decade of the twenty-first century, the debate over which legal regime should be applied to armed groups leaped from its historical position in the pages of military manuals and academic journals to the front pages of leading newspapers and cable news services. As the violence by armed groups metastasizes and takes on new and ever-more-virulent forms, the legal system and its practitioners have struggled to keep up. There is every reason to believe that the United States is approaching a tipping point on the matter, and will soon be compelled to give the legal regime as much attention as has been given to strategies and policies for responding to the threats.

National security and defense strategists have long referred to the “spectrum of conflict,” which stretches from low-level crime or civil disturbances in an otherwise “peaceful” situation at one end to unrestricted war between states at the other. Bookstores and leading journals are increasingly filled with dark and disturbing assessments documenting the emergence of a “new generation” of warfare operating in the middle of the spectrum—one characterized by strategies and tactics that blur the distinction between combatants and civilians, and that are often deployed in densely populated urban centers where avoiding collateral injury or damage to civilians and civilian objects is particularly difficult, and one that has now spread throughout what has been labeled the “arc of instability,” with deadly forays into New York, Bali, Madrid, and London. The proponents and perpetrators of this new generation of warfare, which some believe now represents the dominant warfare paradigm, and which might soon be utterly transformed by the addition of weapons of mass destruction, pose a daunting challenge to our existing legal regime.

We find ourselves with a legal regime for large-scale violence that is seen by some as binary and yet, ironically, complete. On the one hand, we have a “warfare” paradigm for formal belligerencies and insurgencies, while on the other we rely on a law enforcement paradigm for violence at the low-level end of the spectrum of important consequences for issues regarding the use of force against members of armed groups, as well as their capture, detention, interrogation, and punishment. The warfare paradigm is principally grounded in the Hague Rules, the Four Geneva Conventions, and a body of customary international law, while the law enforcement paradigm is set out in a complex web of international conventions, bilateral treaties, and national laws. The warfare paradigm distinguishes between combatants and civilians; prescribes penalties for “war crimes,” while otherwise immunizing lawful combatants for killing the enemy; and includes provisions for detention of enemy combatants and even civilians. The law enforcement paradigm consists of a broad set of criminal proscriptions, together with a body of international and national laws governing the extraterritorial application of national law, extradition, the rights of the accused, trial procedures, and, more recently, the relationship between national and international courts.

This chapter seeks to provide the reader with an introduction to the legal principles applicable to armed groups, with the more specific aim of providing the reader with the necessary background to evaluate three issues. The first is the extent to which members of armed groups may be targeted—that is, whether they can be killed by members of the armed forces of a state without benefit of prior due process of law. The second issue concerns the long-term detention of members of armed groups and the legal standards applicable to their capture, classification, interrogation, treatment, and release. The final issue focuses on the criminal liability of members of armed groups, either under the law of war or the ordinary international and national criminal laws typically applied in peacetime.conflict. The choice has
The International Supply Chain Security Regime and the Role of Competent International Organizations

Craig H. Allen

Prepared for the 31st Annual Conference held May 24-26, 2007 in Heidelberg, Germany. Sponsors include the Center for Oceans Law and Policy, University of Virginia School of Law; the Marine Law and Ocean Policy Center, National University of Ireland, Galway; and the Max Planck Institute for Comparative Public Law and International Law.
American Indian Law: Cases and Commentary

Robert T. Anderson, Bethany Berger, Philip P. Frickey, and Sarah Krakoff

(American Casebook Series)
Antitrust Law: Policy and Practice (4th ed.)

C. Paul Rogers III, Stephen Calkins, Mark R. Patterson, and William R. Andersen

This book explores in detail those legal issues that arise in counseling, planning, and litigating under the antitrust laws. It is designed to integrate theory and policy issues with doctrine and practice so that students will emerge with a fundamental grasp of antitrust doctrine, at least an introduction to the vagaries of antitrust practice, and a sensitivity to policy issues undergirding the application and enforcement of the antitrust laws. This fourth edition provides close coverage of the application of antitrust doctrine to cutting-edge technologies, the Internet, and to rapidly shifting markets.

Antitrust Law: Policy and Practice is unique in a number of ways:
- The materials are designed to keep the business context of the problems in the forefront in order to give theory and doctrine a more solid footing in practical affairs.
- The lawyer's role as counselor and planner is emphasized throughout.
- The business context emphasis is paralleled by another practical emphasis on enforcement and procedure.
- Several notes, questions, and problems touch on important ethical issues.
- The authors include a wide variety of problems, designed to satisfy a wide range of teaching objectives and styles, and a wide range of student interests. Some are short and intended to be addressed in passing or by brief explanation. Some are longer, intended to occupy a full class hour or more. Some are in serial form, with the reader getting additional data as more doctrine is assimilated. And some are review problems that students may find useful to discuss among themselves.