The title tells it all; American legal education is shamefully bad. Casebooks are endemic, especially in the first year, teaching by terror. Abridged cases are presented, shorn of context, with little support law. Students are to find legally appropriate responses, without being given the law, but professors are provided gratis with Teachers Manuals, that provide the acceptable answers! Tenure is granted mainly on two law review articles. The acceptable reviews are edited by students who have no expertise, and articles are almost always bloated, with any insight concealed. The articles, though, play almost no part in legal education. Much of importance is omitted from the standard curriculum: sources of law, relationship of law to society, and factors of legal development. Most law professors are plumbers, but they wish to be regarded as philosophers, hence, they are poor plumbers. The longest chapter is devoted to the gross inadequacies of three celebrated professors. The aim, though, is to indicate the profound ignorance of their numerous devoted admirers. The book s aim is reform of American law schools.

The Shame of American Legal Education

Alan Watson

Legal Education

Vandeplas Publishing

The law of torts is a subject of primary importance in the study and practice of The common law in the USP regional countries. This book has been conceived as a basic text for students, particularly those reading for the LLB degree at the University of the South Pacific. Legal Practitioners will also find the book useful as a work of reference and, it will also be of interest to business executives, insurance agents, industrialists and journalists who require some knowledge of this most important area of the law. Contents include: Nature of liability for torts; Intentional interference with the person; Malicious prosecution; Negligence; Duty of care- economic loss; Duty of care- negligent misstatement; Duty of care- psychiatric illness; Breach of duty; Causation; Remoteness of damage; Defective premises: Occupiers liability; Employers' liability; Breach of statutory duty; Vicarious Liability; Trespass to land; Wrongful interference with goods; Nuisance; Escape of dangerous things from land Rylands v Fletcher; Liability for animals; Defective product liability; Defamation; Passing off; Defences; Remedies.

LAW OF TORTS in the South Pacific (Comfrals Law Series)

Stephen Offei

Business

This book contains a story about a battle between a university and a community, providing a prime example of land use cases. The book includes a discussion guide for classroom use. To the residents of Chesapeake Commons, their backyards are perfect art, changing only in color with each passing season. When Saxton University proposes construction of a new building on the border between the university and the community, the passion for constancy and resistance to change takes violent form. As the community descends into aggressive and increasingly hostile tactics, the university responds, with equal intensity. Bordering on Madness explores the rage and fear land use disputes generate. The emotions underlying property fights are primitive, rooted in the belief that protection of property means survival. Even a reasonable proposal is experienced as a deadly threat if it seems likely to alter that most personal landscape, the home. As the land use fight in Bordering on Madness ripens, the homeowners and university become combatants. The opposition becomes the enemy, depersonalized and reprehensible. Nevertheless, as is so often the case, the struggle is a sinewy exercise in democracy, with unexpected and regular displays of intelligence and conscience.

Bordering on Madness: An American Land Use Tale

Andrew F. Popper

Literature & Fiction

The first chapter of this book introduces basic demographics about our elderly, in order to establish an understanding of the aging population. An understanding of who the elderly are, where they reside, and the trends of health, life expectancy and social arrangements will help increase an awareness of policy, history and future concerns. Chapters Two, Three, Four, Five and Six concern mental capacity issues and discuss subjects as what is capacity, what causes incapacity, what are the warning signs, how does the elder law attorney make an assessment of the client s capacity? The discussion then evolves into informed consent, the physician s duty to inform, self autonomy, and the right to privacy. The right to privacy is a introduction into medical advance directives, including the living will and surrogate decision makers. In the discussion, issues of due process in capacity versus commitment hearings are developed, and the differences between commitment hearings and capacity hearings. When someone lacks capacity and they have not planned with proper directives, then we discuss an overview of guardianship and the legal process necessary to protect due process and making the process the least restrictive means necessary to provide a surrogate decision maker. In Chapter Seven we discuss health care issues and the history of our health care system today. What is an HMO and a PPO? What is the difference between managed care and fee-for-service plans. In Chapter Eight we introduce Medicare, eligibility, deductibles and co-payments, spells of illness and levels of skilled care. In Chapter Nine we learn about private health insurance and basics of ERISA, long term care insurance and the policy concerns of privatizing Social Security. In the next chapter, Chapter Ten, we begin the learning of Medicaid and we discuss eligibility, Miller Trusts, and the basics of planning. Chapter Eleven is dedicated to special needs trusts and the importance of having such trusts in the limited situations where needed. In Chapter Twelve, we introduce employment issues that affect the elderly and aging, from employment discrimination to an introduction to disability discrimination. In Chapter Thirteen, we evolve into planning for our estates and the disposition of property. Although the majority of taxpayers will not need estate and gift transfer taxation protection, most people still require a knowledge of estate planning and the proper alternatives for estate planning. Chapter Fourteen introduces the ugly side of elder law and a discussion of nursing home litigation and elder abuse generally. We learn about the Protective Service Act and the reporting requirements by statute. This chapter leads into Chapter Fifteen which concerns domestic issues, including an introduction into the Troxel issues of grandparent visitation and adoption. Chapters Sixteen and Seventeen concern transportation issue and housing issues, respectively. When should a driver s license be revoked and has society planned for alternate forms of transportation or city development to provide necessary mobility and access to mobility for those who are restricted to public transportation. Chapter Seventeen discusses the issues of whether the elderly should be provided property tax reductions and exemptions to allow the elderly to age in place, rather than lose their homes to tax increases and burdens. We also introduce the ability to the elderly to form communities that restrict the age requirements of the community and whether such restrictions are contrary to anti- discrimination laws.

Elder Law

Mike E Jorgensen

Family Law

The South Pacific Rim, located in the Oceania region, is now more than ever before being rapidly integrated into the global economy. The forces of globalization, particularly information and communications technology are the driving factors. While the region is very well known as an exotic tourist destination, little is known about its laws and the potential facilitative commercial, trade and investment environment that exist in the region. International procurement and electronic commerce constitute one such important area. This book discusses international procurement and electronic commerce in the context of South Pacific island countries by illustrating the linkages between theory, law and practice. The book adopts a unique approach to discussing these issues by utilizing extensive case-study analyses which focus on internationally executed ICT-based supply and service contracts, as well as construction and works agreements. In addition, detailed treatment is given the UNCITRAL model law for procurement of goods, construction and services by depicting its relevance to Pacific island countries. The book specifically outlines the interconnection between conventional procurement contracts and traditional customary practices- an important consideration because of the impact of local traditions even on the constitutions of countries of the region. Lastly, the book examines the advancement of digital technology and the role this can play in the overall commercial development of island countries in the South Pacific. Given its approach and contents, the book will no doubt be useful to undergraduate and postgraduate students in international procurement and electronic commerce; academics and researchers in relevant disciplines; judges; jurists; legal and financial practitioners; scholars of international and comparative legal studies; and any member of the general public wishing to acquire some knowledge of this important and emerging area in the South Pacific.

INTERNATIONAL PROCUREMENT AND ELECTRONIC COMMERCE IN THE SOUTH PACIFIC: LAW AND PRACTICE (Vandeplas Publishing: South Pacific Law)

Mohammed L. Ahmadu

Foreign & International Law

This book does not deal with conventional comparative law. Rules and structures of one system are not set out against those of another for contrast. Rather, rules particular or general, are examined to explain why they are as they are, and how they came to be. The author does not accept that to a great extent law reflects society or the power of the ruling elite. Chapter one serves as both introduction and conclusions. The conclusions are: 1) Governments and rulers are not much interested in developing law, especially not private law, but leave this to others to whom they do not grant power to make law. 2) Even famous lawmakers are seldom interested in a particular social issue in law or in giving law certainty. 3) Borrowing, even mindless, is the name of the legal game. Chapters range from grand legislation (the Ten Commandments and Napoleon s code civil) to unrecognized law in action and daily life (Jesus and the Samaritan woman, Jesus and the adulteress, the claim that Julius Caesar descended from a slave). Other chapters deal with judges passivity in giving needlessly a judgment they claimed was unjust, to deciding against the judge s own theoretical and practical position (Somerset s Case). Likewise stressed is the difficulty of developing law fit for the society, and of understanding foreign legal thinking. The survival of law in different circumstances for centuries and also in a different place is emphasized. The chapters are separate entities, and the author claims that each must stand on its own merits. But he insists that if each is plausible, then together they present a very different approach to law in society from those habitually offered.

Comparative Law: Law, Reality and Society

Legal History

Most Sports Law students are passionate about sports, and would love to work in the field of Sports Law. That goal has shaped the content of this book. Although there are precious few opportunities for students to become sports agents, there are thousands of other opportunities available for lawyers in the world of sports. Leagues, conferences, schools, teams, shoe and apparel companies, equipment companies, and media (both electronic and print) have jobs that would be fabulous for a sports nut with a law degree. Thus, although this book does have a chapter on Sports Agency, it covers a broad range of other topics and issues, dealing with both professional and amateur sports. Familiarity with a variety of topics will provide the best foundation for students to determine which aspects of Sports Law they would like to pursue. This book is designed to be used in three types of classes. First, these materials can be used in a standard 2 or 3 credit law school Sports Law course. In addition, the book includes explanations about the elementary principles of each legal topic (e.g., torts, contracts, constitutional law, antitrust, etc.) so that professors who teach Sports Law to undergraduates can use it in their classes. Those same explanations also make the book appropriate for graduate students studying Sports Law in many graduate programs, such as Exercise and Sports Management.

Sports Law: Cases and Materials

Russ VerSteeg

Specialties

The book contains essays by and about women lawyers: stories about women practicing (or choosing not to practice) law, about hitting the glass ceiling, about amazing lawyer-mentors, about professional achievements, about personal and professional hardships, about the stress of juggling multiple roles, about meeting the demands of work and family, about being Superwoman, and about hitting the maternal wall. The essays describe women's satisfactions and their struggles. While it may be "harder in heels," the essays are inspiring, observant, introspective, insightful, and wise. Even though the stories revolve around women trained to be lawyers, their stories are relevant to life outside the legal profession and will be lessons for all women professionals.

It's Harder in Heels: Essays by Women Lawyers Achieving Work-Life Balance

Legal Theory & Systems

Louisiana Criminal Law: Cases and Materials is a textbook designed for use in the basic Criminal Law course taught in a law school or an undergraduate program in Criminal Justice. The text includes cases from the state of Louisiana and statutes from the Louisiana Criminal Code. The format of this book is a combination of Louisiana criminal cases, statutes, comments and questions. Each chapter of the book begins with an introduction to the basic principles and crimes that will be discussed in the chapter followed by questions and comments. The cases have been selected because they reflect the issues of major importance regarding basic concepts of criminal law as interpreted by the Louisiana Supreme Court and Louisiana appellate courts. Selected provisions of the Louisiana Criminal Code are included in the Appendix. The questions at the end of the cases should assist students in developing their analytical skills and understanding of criminal law. The cases and statutory appendix should provide students with all the information they need to successfully answer the questions. The questions should assist in promoting relevant classroom discussions. After an introductory chapter discussing general principles contained in the Louisiana Criminal Code, the text contains chapters on the guilty mind including criminal intent and criminal negligence followed by chapters on justification and excuse including insanity, intoxication, self-defense, defense of property and defense of others; parties to crime and inchoate crimes; homicide; assault and battery; sexual offenses; kidnapping; arson; burglary; theft and robbery.

Louisiana Criminal Law: Cases & Materials

Bobby Marzine Harges

Gaynell Williams

Criminal Law

Labor law is no longer a subject of purely domestic significance. The comparative study of labor law systems has been an important field of law for many decades, but now, as production becomes increasingly global, issues of comparative labor law arise with a new urgency. The papers in this volume explore all facets of comparative work in the labor law field, addressing questions such as, what was the purpose of engaging in the study of comparative labor law in the past, and what is the purpose of such an inquiry today? Are national labor law systems converging in the face of the increasing globalization of production in recent decades? How are different countries responding to current challenges to their domestic labor law regimes, challenges such as the advent of new flexible models of production, an increase in immigration, and domestic participation in transnational trading blocs? Labor law scholars from eight countries, spanning several generations, met at the UCLA School of Law in

Rethinking Comparative Labor Law: Bridging the Past and the Future (Vandeplas Publishing: Labor Law Series)

Business & Money

Benjamin A. Aaron & Katherine V.W. Stone (eds.)

Economics

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