Faculty Books and Book Chapters

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Remedies in a Nutshell

William M. Tabb and Rachel M. Janutis

2021

This Nutshell explores the basic rules which inform legal and equitable remedies, restitution at law and equity, declaratory relief, jury trial, and attorneys’ fees. Additionally, the Nutshell examines the principal defenses and limitations on those remedies and the means by which equitable orders are enforced, such as through civil and criminal contempt. The discussion of equitable remedies includes both temporary restraining orders and permanent injunctions, along with specific performance of contractual obligations. Coverage includes the nature and measurement of compensatory damages for breach of contract, harm to real and personal ... Read More
Developing "NextGen" Lawyers through Project-Based Learning (In Modernising Legal Education)

Anna Carpenter

2020

Today, technology is driving disruptive change in the legal profession and the public is demanding lawyers offer more value and choice in how legal services are delivered. Given these pressures, tomorrow’s legal profession will be fundamentally different from the profession we know today. Against this backdrop, this chapter argues the next generation of lawyers need at least five categories of multidimensional knowledge and skills: collaboration; design; project management; problem-solving; and lifelong learning. The prevailing, traditional legal education model was not designed to teach these multidimensional skills. This chapter describes some ... Read More
Environmental Law: Policy and Practice

Linda A. Malone and William M. Tabb

2020

This casebook covers the fundamentals in environmental law, such as air pollution, water pollution, hazardous waste and toxic pollutant regulation, protection of endangered species, and the National Environmental Policy Act, without overloading the professor and student with exhaustive and unnecessary detail. It focuses with clarity on landmark cases and recent upheavals in environmental law and regulation. The revised edition newly covers the Trump administration’s reversals of Obama era regulations through executive orders and regulations. The climate change crisis is an essential focus throughout, from chapters on the National Environmental Policy ... Read More
Oklahoma Family Law: Cases and Materials

Robert G. Spector

2020

Oklahoma Family Law–Cases & Materials is the leading family law casebook in Oklahoma. The substance of family law, and its practice, has changed radically over the last two decades. Once upon a time, the subject of family law was concerned primarily wit the question of when a divorce could be granted and what state could properly grant it. Problems of property division, alimony and child support were minor issues that took little time. Custody of children was normally given to their mothers and fathers received reasonable visitation. The entire area ... Read More
Torts: Cases and Context, Volume Two

Eric E. Johnson

2019

TC&C combines traditional casebook readings with straightforward, textbook-like explanations. The idea is that when students stop to puzzle over something, it should be because the law itself puzzles, not because the book obfuscates.

Students describe the book as easy to read. By being clear and straightforward, the casebook aims to quickly get students to the point where they can navigate regions of gray and build nuanced arguments.

Doctrine is explained upfront, before the cases. After cases, there's no notes-and-questions mishmash. Check-your-understanding questions, questions to ponder, historical notes, etc., are all ... Read More
Torts: Cases & Contect, Volume One

Eric E. Johnson

2019

TC&C combines traditional casebook readings with straightforward, textbook-like explanations. The idea is that when students stop to puzzle over something, it should be because the law itself puzzles, not because the book obfuscates.

Students describe the book as easy to read. By being clear and straightforward, the casebook aims to quickly get students to the point where they can navigate regions of gray and build nuanced arguments.

Doctrine is explained upfront, before the cases. After cases, there's no notes-and-questions mishmash. Check-your-understanding questions, questions to ponder, historical notes, etc., are all ... Read More
Contracts: Modern Pacts: A Multi-media Textbook for the Study of the Law of Contracts

Brian McCall

11-1-2019

The text is prepared to cover the major topics in a first year course in Contract Law for Juris Doctor Degree programs. It could also be used in an undergraduate or graduate level course covering contracts. The book includes heavily edited cases both of historical significance and recent vintage. The cases are edited to focus on the particular issues being studied. Several cases re-appear throughout the text in different chapters so that the isolation of the specific issue under consideration highlighted in the particular chapter is balanced with the goal ... Read More
Are Recent Governmental Initiatives to Combat Online Hate Speech, Extremism and Fraudulent News Consistent with the International Human Rights Law Regime? (In Governance Innovation for a Connected World: Protecting Free Expression, Diversity and Civic Engagement in the Global Digital Ecosystem)

Evelyn Aswad

2018

There have been a variety of high-profile European governmental and inter-governmental norm-setting initiatives involving freedom of expression online. Indeed, the UN Special Rapporteur on Freedom of Opinion and Expression has expressed concern about a “wave” of European content restrictions (Kaye 2017; Amnesty International 2017, 37–44; Keller 2017). This essay focuses on Europe’s Code of Conduct on Countering Illegal Hate Speech Online (the Code) and Germany’s Network Enforcement Act (NetzDG law), but the legal analysis is applicable to numerous similar initiatives. The introductory section of this essay provides a summary of ... Read More
The Architecture of Law: Rebuilding Law in the Classical Tradition

Brian McCall

2018

What is law? How should law be made? Using St. Thomas Aquinas’s analogy of God as an architect, Brian McCall argues that classical natural law jurisprudence provides an answer to these questions far superior to those provided by legal positivism or the “new” natural law theories. The Architecture of Law explores the metaphor of law as an architectural building project, with eternal law as the foundation, natural law as the frame, divine law as the guidance provided by the architect, and human law as the provider of the defining details ... Read More
Stockholder Litigation, Fiduciary Duties, and the Officer Dilema

Megan Wischmeier Shaner

2018

This book chapter traces the divergence between the development of director and officer fiduciary duties. The chapter explores the causes and consequences of this gap in corporate law. Using officer fiduciary doctrine as an example, the chapter highlights the fragile relationship between stockholder litigation and fiduciary duties and the consequences for doctrinal development. The chapter suggests remedial approaches targeted at officers' managerial role in the corporate enterprise and restoring a sense of integrity and morality in corporate management.
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International Business & Human Rights: A Digital Coursebook

Evelyn Aswad

2017

This digital coursebook provides an overview of key topics in the rapidly growing field of international business and human rights. The modules contain background information, homework assignments with study questions, role playing exercises, hyperlinks to multimedia materials (videos, news and journal articles, blog posts and discussion threads, primary sources, advocacy pieces, etc.), and additional notes of interest on the main topics. Its e-format allows students to, among other things, highlight text, insert notes, and digitally search the text. This e-book was designed for a law school classroom, but could be ... Read More
The Cambridge Handbook of Surveillance Law

David Gray and Stephen E. Henderson

2017

Surveillance presents a conundrum: how to ensure safety, stability, and efficiency while respecting privacy and individual liberty. From police officers to corporations to intelligence agencies, surveillance law is tasked with striking this difficult and delicate balance. That challenge is compounded by ever-changing technologies and evolving social norms. Following the revelations of Edward Snowden and a host of private-sector controversies, there is intense interest among policymakers, business leaders, attorneys, academics, students, and the public regarding legal, technological, and policy issues relating to surveillance. This handbook documents and organizes these conversations, bringing ... Read More
Judicial Review of Uncertain Risks in Scientific Research

Eric E. Johnson

2017

This book explores the implications of acknowledging uncertainty and black swans for regulation of high-hazard technologies, for stakeholder acceptability of potentially hazardous activities and for risk governance. The conventional approach to risk assessment, which combines the likelihood of an event and the severity of its consequences, is poorly suited to situations where uncertainty and ambiguity are prominent features of the risk landscape. The new definition of risk used by ISO, “the effect of uncertainty on [achievement of] one’s objectives”, recognizes this paradigm change. What lessons can we draw from the ... Read More
The New Protestant Bargain: The Influence of Protestant Theology on Contract and Property Law

Brian McCall

2017

In the twelve essays contained in this volume--based upon lectures delivered at the 2016 Roman Forum Summer Symposium on Lake Garda, Italy--the authors assess the impact of Luther's novel theological and philosophical doctrines on faith, political theory, law, ethics, economics, and science--as well as his role in the devastation of Christendom and the creation in its place of the contemporary secular culture of the West. This chapter examines the influence of Protestant theology (primarily that of Luther and English and Scottish Puritanism) on the development of the common law of ... Read More
First Freedoms: A Multimedia Textbook on the First Amendment

Joseph T. Thai

2017

This innovative digital coursebook provides clearly edited leading Supreme Court cases interpreting the first freedoms secured by the Bill of Rights—the First Amendment’s protections of “the freedom of speech” and “of the press,” as well as its prohibition of laws “respecting an establishment of religion” or “prohibiting the free exercise thereof.” Furthermore, this coursebook offers accompanying multimedia modules featuring videos, photos, music, original documents, and other content, along with commentary and questions, that enhance the study of these fundamental guarantees. This digital coursebook is ideal for teaching a First Amendment ... Read More
Corporations, politics and the common good

Brian McCall

2016

Chapter Abstract The way we think determines the way we will act. The way we conceive of a corporation will have profound implications for how we govern it. Current corporation theory is dominated by private-law conceptions of the corporation, whether rooted in contract or property law. Such a conception orients corporate governance towards private, rather than common, goods. Yet corporations, especially publicly traded ones, are public entities. Ontologically they are more similar to political institutions than private relationships. This chapter argues public constitutional law is a more appropriate hermeneutic for ... Read More
El nuevo pacto protestante: la influencia de la teología protestante en el derecho de bienes y contratos

Brian McCall

2016

Es imposible disociar la moral (o la ética) de la doctrina teológica. Como Richard Weaver explicó en el pasado siglo, las ideas tienen consecuencias. Por lo tanto, un cambio de doctrina teológica irá inevitablemente acompañado por un cambio en las normas que gobiernan la conducta. Dado que la ley humana es relativa a los usos y costumbres de la comunidad para la cual se dicta y se desarrolla a la luz de aquéllos, tales cambios terminarán abriéndose paso en las leyes. Después de quinientos años, las nuevas doctrinas del protestantismo ... Read More
Deal Protection Devices: The Negotiation, Protection, and Enforcement of M&A Transactions

Megan Wischmeier Shaner

2016

Global in scope and written by leading scholars in the field, the Research Handbook on Mergers and Acquisitions is a modern-day survey of the state of M&A. Its chapters explore the history of mergers and acquisitions and also consider the theory behind the structure of modern transaction documentation. The book also address other key M&A issues, such as takeover defenses; judges and practitioners'' perspectives on litigation; the appraisal remedy and other aspects of Federal and state law, as well as M&A considerations in the structure of start-ups. This Handbook will ... Read More
Marriage, Nature and Law

Brian McCall

2015

One of the most divisive and important issues in the opening decades of this century has been the issue of marriage. The definition of marriage and law's relationship to it have been in the forefront of public debate, rising all the way to the Vatican and the US Supreme Court. The International Union of Catholic Jurists offers in this book the work of renowned scholars, accomplished senior judges, and lawyers a significant contribution to the consideration of the "question of marriage" based on the classical tradition. The contributors to the ... Read More
To Build the City of God: Living as Catholics in a Secular Age

Brian McCall

2014

Is man an isolated, voluntaristic, autonomous individual, as modernity would have him? Or is he subject to natural, social, and transcendent orders? Much has been written since Rerum Novarum in 1891 on the general outlines of Catholic social, economic, and political thought, but what Catholics need today is a sure guide to how to live out these principles in their daily lives. To this end, Brian McCall’s To Build the City of God responds with chapters on marriage and the family, dress, education, profit and wealth, debt, politics in the ... Read More
Oklahoma Legal Research

Darin K. Fox, Darla W. Jackson, and Courtney L. Selby

2013

Oklahoma Legal Research is the first book focused exclusively on how to research Oklahoma law.

This text has been written for legal researchers of various levels of experience and training. For those just learning the intricacies of legal research, it explains the basic processes and introduces the novice to the most important sources of Oklahoma and Native American tribal law. It also briefly discusses analogous materials in federal law, so that the less experienced researcher can better see the parallels between state and federal research.
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American Bar Association Criminal Justice Standards on Law Enforcement Access to Third Party Records

Stephen E. Henderson

2013

Drafted over the past six years and adopted by the American Bar Association (ABA) House of Delegates in February, 2012, these Criminal Justice Standards on Law Enforcement Access to Third Party Records provide much needed guidance to legislatures, courts, and administrative agencies having to decide how to regulate law enforcement access to existing records in the hands of third parties. It is the first framework of its kind, and it can do much to improve the current system of ad hoc protections in both state and federal systems. Decision makers ... Read More
The Church and the Usurers: Unprofitable Lending for the Modern Economy

Brian McCall

2013

Professor McCall explains in a scholarly yet accessible manner the core principles of the usury doctrine. Tracing its history from Biblical texts, through Aristotelian philosophy and Roman law, to the great scholastic synthesis, Professor McCall separates the unchanging principles from the changes in their applications to new economic realities. With debt, personal, business and government spiraling out of control and massive insolvencies of ancient nations like Greece, contemporary economic theory has offered little in response. Professor McCall contributes the wisdom of the centuries in a concise and readable study.

Endorsements
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The Supreme Court Sourcebook

Richard Seamon, Andrew Siegel, Joseph T. Thai, and Kathryn Watts

2012

The Supreme Court Sourcebook provides carefully selected, edited, and analyzed materials on the Court, including academic literature, historical materials, internal court documents, Court filings, and judicial opinions. The flexible organization suits a variety of 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 ... Read More
Fiduciary Accounting : Principles, Modern Applications, Illustrations

Mark R. Gillett, Katheleen Guzman, and Kelly Bruns

2010