New and Notable: Trial Advocacy

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Trial Advocacy: Planning, Analysis, and Strategy

Marilyn J. Berger, Professor Emeritus
John B. Mitchell, Professor
Ronald H. Clark, Distinguished Practitioner in Residence

KF8915.B47 2015

“Trial Advocacy: Planning, Analysis, and Strategy 4th Edition provides the experience and approach to thinking, planning, and performing as a practicing lawyer. The book presents a wide range of practice situations and fosters the kinds of analytic processes and skills needed to perform trial work. Today’s lawyer must be fluent with technology for case organization and courtroom presentation, as well as with alternative forms of dispute resolution. The book provides these new tools while retaining the trial lawyer skills that remain very much the same as they have throughout the history of the legal profession.

Trial Advocacy: Planning, Analysis, and Strategy, 4th Edition, is divided into 14 chapters. Each chapter covers a separate trial subject area—persuasion, jury selection, opening statement, objections, and so on. Each chapter presents a theoretical and practical approach to the particular skill that is the subject of that chapter, provides illustrations of practice as applied to hypothetical situations, and offers a series of practical and strategic pointers in the subject area.  Each chapter also includes a checklist of skills dealt with in the chapter.

Accompanying the book are Assignments, which take students through the trial process in the context of the criminal and civil cases, both of which arise from a tavern shooting after which the victim dies. The assignments are intended for role-play in professional workshops and legal education advocacy classes.” – From the publisher


 

New and Notable: Mea Culpa

cover imageMea Culpa: Lessons on Law and Regret from U.S. History
Steven W. Bender, Professor of Law and Associate Dean for Research and Faculty Development

SU Law Library LAW-Display (KF4749.B39 2015 )

“In Mea Culpa, Steven W. Bender examines how the United States’ collective shame about its past has shaped the evolution of law and behavior. We regret slavery and segregationist Jim Crow laws. We eventually apologize, while ignoring other oppressions, and our legal response to regret often fails to be transformative for the affected groups. By examining policies and practices that have affected the lives of groups that have been historically marginalized and oppressed, Bender is able to draw persuasive connections between shame and its eventual legal manifestations. Analyzing the United States’ historical response to its own atrocities, Bender identifies and develops a definitive moral compass that guides us away from the policies and practices that lead to societal regret.

Mea Culpa challenges its readers. In a different era, might we have been slave owners or proprietors of a racially segregated establishment? It’s easy to judge immorality in the hindsight of history, but what current practices and policies will later generations regret?

More than a historical survey, this volume offers a framework for resolving some of the most contentious social problems of our time. Drawing on his background as a legal scholar, Bender tackles immigration, the death penalty, the war on terror, reproductive rights, welfare, wage inequity, homelessness, mass incarceration, and same-sex marriage. Ultimately, he argues, it is the dehumanization of human beings that allows for practices to occur that will later be marked as regrettable. And all of us have a stake in standing on the side of history that resists dehumanization.”

From the publisher


 

New Walkover collection titles – fiction

Take time in your busy academic schedule for some non-law, thought provoking reading. Each won coveted literary awards. Enjoy!

lilaPS3568.O3125L55 2014

From the publisher:  “Revisiting the beloved characters and setting of [author] Robinson’s Pulitzer Prize-winning Gilead and Home, Lila is a moving expression of the mysteries of existence that is destined to become an American classic.  [It is] … an unforgettable story of girlhood lived on the fringes of society in fear, awe, and wonder.”  This book was a 2014 National Book Award finalist and won the 2014 National Book Critics Circle Award.

 

redeploymentPS3611.L4423A6 2014

From the publisher: “Taking readers to the front lines of the war in Iraq and back, [author Phil Klay’s] Redeployment asks us to understand what happened there and what happened to soldiers who returned. Whether in the combat zone of on the home front, they face life at extremely, where happy stories and easy answers provide no guidance or comfort.” This book won the 2014 National Book Award for Fiction and the John Leonard First Book Prize. It was also selected as one of the best books of the year by The New York Times Book ReviewTimeNewsweekThe Washington Post Book World, and Amazon.


 

New Walkover collection titles – legal mysteries

For a great reading escape, take time to enjoy these thrilling legal mysteries. New to the Walkover collection, each was listed as a #1 New York Times bestseller.

witnessThe fifth witness: a novel by Michael Connelly.
PS3553.O51165F55 2011

From the publisher: “Mickey Haller has fallen on tough times. Criminal defense in Los Angeles has virtually dried up, and he has had to expand his business into foreclosure defense. But just when Mickey thinks criminal court is in his rearview mirror one of his new clients is accused of killing the banker she blames for trying to take away her home. … Now despite the growing danger, the lawyer is ready to mount the best defense of his career.”

 

By John Grisham:

confessionThe confession: a novel.
PS3557.R5355C66 2011

From the publisher: “He buried her body so that it would never be found, then watched in amazement as police and prosecutors arrested and convicted Donté Drumm, a local football star, and marched him off to death row. Nine years have passed. Travis has just been paroled in Kansas for a different crime; Donté is four days away from his execution. Travis suffers from an inoperable brain tumor. For the first time in his miserable life, he decides to do what’s right and confess. But how can a guilty man convince lawyers, judges, and politicians that they’re about to execute an innocent man?”

sycamoreSycamore row: a novel.
PS3557.R5355S93 2014

From the publisher: “Now we return to Ford County as Jake Brigance finds himself embroiled in a fiercely controversial trial that exposes a tortured history of racial tension:  Before he hangs himself from a sycamore tree, [Seth] Hubbard leaves a new, handwritten will. It is an act that drags his adult children, his black maid, and Jake into a conflict as riveting and dramatic as the murder trial that made Brigance one of Ford County’s most notorious citizens, just three years earlier. The second will raises many more questions than it answers. Why would Hubbard leave nearly all of his fortune to his maid? Had chemotherapy and painkillers affected his ability to think clearly? And what does it all have to do with a piece of land once known as Sycamore Row?”


 

New and Notable: Speaking of Language and Law

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Speaking of Language and Law

Edited By:
Lawrence Solan
Janet Ainsworth, John D. Eshelman Professor of Law
Roger W. Shuy

K213.S665 2015

Among the most prominent scholars of language and law is Peter Tiersma, a law professor at Loyola Law School with a doctorate in linguistics (co-editor of The Oxford Handbook of Language and Law). Tiersma’s significant body of work traverses a variety of legal and linguistic fields. This book offers a selection of twelve of Tiersma’s most influential publications, divided into five thematic areas that are critical to both law and linguistics: Language and Law as a Field of Inquiry, Legal Language and its History, Language and Civil Liability, Language and Criminal Justice, and Jury Instructions. Each paper is accompanied by a brief commentary from a leading scholar in the field, offering a substantive conversation about the ramifications of Tiersma’s work and the disagreements that have often surrounded it. – From the Publisher


 

New and Notable: Cross-Examination Handbook

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Cross-Examination Handbook: Persuasion, Strategies and Techniques
Ronald H. Clark, Distinguished Practitioner in Residence
George R. Dekle, Sr.
William S. Bailey

SU Law Library LAW-Reserve (KF8920.C57 2015 )

“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.” —From the publisher


 

New Walkover collection titles – fiction

Take time in your busy academic schedule for some non-law, thought provoking reading. Each won coveted literary awards. Enjoy!

FowlerPS3556.O844W4 2013

From the publisher:  “In We Are All Completely beside Ourselves,  author Karen Joy Fowler weaves her most accomplished work to date—a tale of loving but fallible people whose well-intentioned actions lead to heartbreaking consequences.”  This book won the 2014 Pen/Faulkner award for fiction, was a finalist for the 2014 Man Booker prize, listed among the New York Times Review’s 100 Notable Books of 2013, and named by the Christian Science Monitor as one of the top 15 works of fiction in 2013.

 

FlanaganPR9619.3.F525 N37 2015

From the publisher:  “In The Narrow Road to the Deep North, [acclaimed Australian writer] Richard Flanagan displays the gifts that have made him one of the most acclaimed writers of contemporary fiction. Moving deftly from a Japanese POW camp to present-day Australia, from the experiences of Dorrigo Evans and his fellow prisoners to that of the Japanese guards, this savagely beautiful novel tells a story of the many forms of love and death, of war and truth, as one man comes of age, prospers, only to discover all that he has lost.”  This book won the 2014 Man Booker prize.


 

New and Notable – Corporations and Other Business Associations: Cases and Materials, 7E

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Corporations and Other Business Associations: Cases and Materials, 7E

Charles O’Kelley, Professor and Director, Berle Center on Corporations, Law and Society
Robert B. Thompson

SU Law Library LAW-Reserve (KF1414.O43 2014 )

“Sophisticated yet accessible, Corporations and Other Business Associations balances economic and legal theory with a flexible organization, popular case selection, and engaging problems.

Look for these key features:
New cases on the power of shareholders to amend bylaws, an issue that is reshaping the role of shareholders in corporate governance.
A series of short case studies on key topics, including the removal of staggered boards, majority voting, and say on pay.
Discussion of the new business form—the so-called “benefit corporation.”
Expanded coverage of the back and forth between the Delaware courts and the Delaware legislature as to what should be the default rule as to fiduciary duty in LLCs.
Expanded material and notes designed to anticipate the important MFW Shareholder Litigation decision and a related 2012 Delaware Supreme Court case, Americas Mining Corp. v. Theriault.” – From the publisher


 

New and Notable: The New 1L

UntitledThe New 1L: First-Year Lawyering with Clients
Edited by:
Eduardo R.C. Capulong
Michael A. Millemann
Sara Rankin, Associate Professor of Lawyering Skills
Nantiya Ruan

SU Law Library LAW-Reserve (KF282 .N49 2015 )

“In The New 1L, leading teachers in the field describe how, in the first year of legal education, they teach students to act, as well as think, like lawyers. In their courses, clients are central not extraneous. Working under a lawyer’s supervision, students interview clients, conduct factual investigations, draft pleadings, and write memoranda and briefs. The authors argue that, in isolation, theory and practice are incomplete, and first-year educators must integrate the two. They discuss the benefits and challenges of this new 1L approach, and also provide a range of successful models for any teacher who wants to adopt this pedagogy to a first-year course.  What they say is particularly relevant today, when many are criticizing law schools for their over-reliance on the Langdellian teaching method and failure to produce practice-ready graduates.

The innovative courses the authors describe bring about collaborations between classroom instruction, legal research and writing (LRW), and interactions with clinical teachers and lawyers (appointed, or not, as adjunct faculty). These collaborative teaching models are essential to the future success of legal education, the authors contend.  These models include LRW courses that base assignments on actual legal work, core courses that add practice components to traditional theoretical instruction, courses adding skills instruction and actual client work to the 1L curriculum, and courses that invite 1L students to enroll in clinics.

This book is a must-read for deans, curriculum committees, and legal educators.” – From the publisher


 

New and Notable: When Money Speaks

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When Money Speaks: The McCutcheon Decision, Campaign Finance Laws, and the First Amendment

Ronald Collins
David Skover, Fredric C. Tausend Professor of Law

SU Law Library LAW-Reserve (Faculty Collection) (KF4920.C65 2014 )

“On April 2, 2014, the U.S. Supreme Court struck down aggregate limits on how much money individuals could contribute to political candidates, parties, and committees. The McCutcheon v. FEC decision fundamentally changes how people (and corporations, thanks to Citizens United) can fund campaigns, opening the floodgates for millions of dollars in new spending, which had been curtailed by campaign finance laws going back to the early 1970s.

When Money Speaks is the definitive—and the first—book to explain and dissect the Supreme Court’s controversial ruling in McCutcheon, including analysis of the tumultuous history of campaign finance law in the U.S. and the new legal and political repercussions likely to be felt from the Court’s decision.

McCutcheon has been billed as “the sequel to Citizens United,” the decision giving corporations the same rights as individuals to contribute to political campaigns. Lauded by the Right as a victory for free speech, and condemned by the Left as handing the keys of our government over to the rich and powerful, the Court’s ruling has inflamed a debate that is not going away anytime soon, with calls for new laws and even a constitutional amendment on the Left—while many on the Right (including Justice Clarence Thomas in his concurring opinion) call for an end to all contribution limits. Two of the nation’s top First Amendment scholars—Ronald Collins and David Skover—have produced a highly engaging, incisive account of the case, including exclusive interviews with petitioner Shaun McCutcheon and other key players, as well as an eye-opening history of campaign finance law in the U.S.

When Money Speaks launches a new series from Top Five Books, SCOTUS Books-in-Brief. The series aims to provide lay and scholarly readers with a reliable, informative, and engaging narrative account of significant Supreme Court rulings within days of when they come down, in a concise format and at a low price. Each SCOTUS Books-in-Brief title will be available within a week of the decision and be researched and written by a noted legal authority in the field.”
From the publisher