All Books, Monographs, and Book Chapters by GGU Law Authors

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Intellectual Property Excesses Exploring the Boundaries of IP Protection

Marc H. Greenberg

Prof. Marc Greenberg is the author of chapter 16: ROBOTS (and Elvis Imitators) Again: Estate of Presley v Russert and Right of Publicity Over-Reaches in US Law

This collection of essays highlights the sometimes absurd outcomes which an unjustified overprotection of intellectual property (IP) may lead to. It collects and comments on a series of IP disputes which have taken the notion of IP protection to extremes. From individuals being sued for hundreds of thousands of dollars for sharing a playlist, to sports spectators being arrested for wearing the 'wrong' dresses, passing through granting patents for inventions obtained by misappropriating traditional knowledge, and trademark protection of merely descriptive signs, this book brings together a broad range of examples from across the IP spectrum where protection and enforcement have been used or threatened on unreasonable and/or untenable grounds.

The aim of the book is to criticise these excesses precisely because they harm IP; and because they contribute to creating an environment where more and more people are led to 'hate' IP, and view it as a protectionist regime which discourages creativity in innovation and ends up safeguarding the owners of monopolistic rights which restrict trade, competition and people's freedom.

This is not, therefore, a book against IP, it is instead a call for change and an attempt to 'save' IP through critiquing its excesses and preventing such a fascinating area of law from continuing to be an easy target for criticism.

The book includes a foreword by Jason Mazzone, Albert E Jenner Jr Professor of Law at the University of Illinois, USA.
Handbook of Intellectual Property Research: Lenses, Methods, and Perspectives

William T. Gallagher and Debora J. Halbert

Author of Chapter 34: Intellectual Property Law and Sociolegal Studies

From the Publisher: "The growing importance of IP law has led to an exponential growth of academic research in this area. This book offers a comprehensive overview of the methods and approaches that could be used as guidelines to address and developed scholarly research questions related to intellectual property law. In particular, this volume aims to provide a useful resource that can be used by IP researchers who are interested in expanding their expertise in a specific research method or seek to acquire an understanding of alternative lenses that could be applied to their research. This edited collection is one of the largest compilations, to date, of existing methods and approaches from different lenses, perspectives, and experiences from a diverse group of scholars who derive from a wide range of countries, backgrounds, and legal traditions."

Edited by Irene Calboli and Maria Lillà Montagnani.
Fandom and the Law: A Guide to Fan Fiction, Art, Film & Cosplay

Marc H. Greenberg

Books, movies, television shows, and comic books often inspire a passionate response in fans, often in the form of fan fiction, fan art, film, and cosplay. Fandom and the Law covers the intersection of this fan-created content and intellectual property law that is valuable not only to lawyers and scholars but to content creators, examining potential copyright and trademark infringement, right-of-publicity violations, fair use, and related legal issues.
Riverflow: The Right to Keep Water Instream

Paul Stanton Kibel

There are many people and places connected to rivers: fishermen whose livelihood depends on river ecosystems, farms that need irrigation, indigenous groups whose cultures rely on fish and flowing waters, cities whose electricity comes from hydroelectric dams, and citizens who seek wild nature. For all of these people, instream flow is vitally important to where and how they live and work. Riverflow reveals the diverse and creative ways people are using the law to restore rivers, from the Columbia, Colorado, Klamath and Sacramento–San Joaquin watersheds in America, to the watersheds of the Tweed in England and Scotland, the Fraser in Canada, the Saru in Japan, the Nile in North Africa, and the Tigris–Euphrates in the Middle East. Riverflow documents that we already have the legal tools to preserve the ecological integrity of our waterways; the question is whether we have the political will to deploy these tools effectively.
- Provides vital analysis to help attorneys, policymakers, judges, fishery scientists and other stakeholders protect rivers
- Highlights the frequent disconnect between science and policy in the water policy sector
- Offers solutions for cost-sharing arrangements to cover the costs of restoring instream flows
Fictional Discourse and the Law

Laura A. Cisneros

Author of Chapter 2.3: Memory, History, and Forgetting: Shelby County v. Alabama.

Drawing on insights from literary theory and analytical philosophy, this book analyzes the intersection of law and literature from the distinct and unique perspective of fictional discourse.

Pursuing an empirical approach, and using examples that range from Charles Dickens’ law reports to the 2014 Ferguson riots, the volume challenges the prevailing fact-fiction dichotomy in legal theory and practice and provides a better understanding of the peculiarities of legal fictionality, while also contributing further material to fictional theory’s endeavor of finding a transdisciplinary valid criterion for a definition of fictional discourse. Following the basic presumptions of the early law-as-literature movement, past approaches have mainly focused on textuality and narrativity as the common denominators of law and literature, and have largely ignored the topic of fictionality. This volume provides a much needed analysis of this gap.

The book will be of interest to scholars of legal theory, jurisprudence and legal writing, along with literature scholars and students.
Veteran Care and Services: Essays and Case Studies on Practices, Innovations and Challenges

Dan Devoy (JD '10)

Author of chapter 16: Veterans Legal Advocacy and Law Schools.

The public services and care being provided to our veteran citizens are rapidly changing due to the increasing number of veterans that live in our cities. There are more veteran citizens now living in America than ever before, and the veteran population is becoming ever more diverse. For this reason, cities throughout our nation are expanding their public services in scope and scale, as well as enhancing the quality of existing services. This volume documents these rapid developments in order to help our veteran citizens and supporting communities understand the evolving, dynamic, and innovative services and care that are increasingly available to them.
Forgotten Intellectual Property Lore

Samuel F. Ernst

Author of Ch. 8: R Radical Patent Law Reform in a Common Law Enabling System: A Metahistory.

Book Description:
This innovative book explores forgotten disputes over intellectual property and the ways in which creative people and sovereigns have managed these disputes throughout the centuries. With a focus on reform, it raises important questions about the resilience of legal rules and challenges the methodology behind traditional legal analyses. Focusing on lore and traditions, expert contributors incorporate contextual understandings that are rooted in history, sociology, political science, and literary studies into their analyses
Feminist Judgments: Rewritten Trusts and Estates Opinions

Benedetta Faedi Duramy and Ayelet Blecher-Prigat

Author of Ch. 5: Commentary on O’Neal v. Wilkes.

Book Description:
For women and other marginalized groups, the reality is that the laws regulating estates and trusts may not be treating them fairly. By using popular feminist legal theories as well as their own definitions of feminism, the authors of this volume present rewritten opinions from well-known estates and trust cases. Covering eleven important cases, this collection reflects the diversity in society and explores the need for greater diversity in the law. By re-examining these cases, the contributors are able to demonstrate how women's property rights, as well as the rights of other marginalized groups, have been limited by the law.
Child and Youth Participation in Decision-Making: Experiences from Developing Countries

Benedetta Faedi Duramy and Tali Gal

This work is a Special Issue of the Children and Youth Services Review. Benedetta Faedi Duramy has been the Guest-Editor (with Tali Gal). The Special Issue includes fascinating pieces on child participation from Namibia, Ghana, Nigeria, Bangladesh, Egypt, Iraq, India, Mexico, South Africa, China and Brazil. Both the article and the Special Issue can be also accessed here https://www.sciencedirect.com/journal/children-and-youth-services-review/special-issue/10D1DD4LRSK.

Professor Duramy and Tali Gal are also the authors of this issue's article: Understanding and Implementing Child Participation: Lessons from the Global South.
Environmental Justice Law, Policy & Regulation, Third Edition

Helen H. Kang

Author of section in chapter 13: Citizen Enforcement and Common Law Remedies. Section: Respect for Community Narratives of Environmental Injustice: The Dignity Right to Be Heard and Believed.

Environmental Justice: Law, Policy, and Regulation explores theory and practice in this dynamic subject, which fuses environmental law and civil rights enforcement. It covers everything from early concerns over toxic waste in minority communities to environmental justice and the range of environmental threats facing poor, immigrant, and indigenous communities; women, children, and seniors; and other vulnerable populations. This third edition provides extensively updated materials to address environmental justice concerns today, including oil drilling in the Arctic, the Dakota Access Pipeline, drinking water contamination in Flint, and the devastation wrought by Hurricane Maria in Puerto Rico.

Featuring new chapters addressing disaster justice and food justice, this new edition also expands coverage of environmental enforcement, contaminated sites, climate justice, and environmental justice in Indian country, all with an eye towards identifying modern challenges and available tools for the continuing pursuit of environmental justice.

This book is available in the Law Library at: https://library.ggu.edu/record=b1741273~S0
The Routledge Handbook of Urban Ecology

Paul Stanton Kibel

Author of ch. 25: A man-made watercourse absorbed into the natural landscape – England’s Manchester Ship Canal: a case study in adaptive re-use and brownfield restoration.

This second edition covers recent developments around the world with contributors from 33 different countries. It widens the handbook’s scope by including ecological design; consideration of cultural dimensions of the use and conservation of urban nature; the roles of government and civil society; and the continuing issues of equity and fairness in access to urban greenspaces.
Léon Duguit and the Social Obligation Norm of Property, A Translation and Global Exploration

Colin Crawford

Translator and author of chapter 10: A Curious Doctrinal Marriage: the Social Function of Property and the Right to the City in Brazil.

This book demonstrates the importance of Léon Duguit for property theory in both the civil and common law world. It translates into English for the first time ever Duguit’s seminal lecture on property, the sixth of a series given in 1911 in Buenos Aires. It also collects essays from the leading experts on the social function of property in major civil and common law jurisdictions internationally.
The book explores the importance that the notion of the social function of property has come to have not only in France but in the entire civil law tradition, and also considers the wide – if unattributed and seldom regarded – influence in the common law tradition and theory of property.
Legal Scholarship for the Urban Core From the Ground Up

Kathleen Morris

Author of chapter 7: Legal Education, Democracy, and the Urban Core.

The problems of entrenched poverty and economic underdevelopment in American urban cores involve multiple overlapping challenges that have stymied consistent and long-term progress for many decades. Although inadequate and misguided laws are not solely responsible for this state of affairs, good laws - and good lawyering - can contribute enormously to overcoming the challenges of the urban cores. By showcasing a range of scholarly analyses, covering a broad spectrum of legal issues and methodologies, this book demonstrates how law and lawyers can and do respond to the challenges of the urban cores. It provides paths forward at the local level in the face of federal political paralysis and inattention and lays a foundation for new paradigms and new approaches to intransigent problems. Modeling engaged legal scholarship as a pragmatic response to contemporary challenges, this book is for anyone concerned about the current state of American urban cores.
L'accès à la justice sociale: La place du juge et des corps intermédiaires

Marci Seville

Author of Chapter 15: Les travailleurs domestiques : un mouvement pour améliorer leur accès à la justice sociale.
Constitutionalism in the Americas

Colin Crawford

Edited by Colin Crawford, Dean and Professor of Law, Louis D. Brandeis School of Law, University of Louisville, US and Daniel Bonilla Maldonado, Universidad de Los Andes, Colombia.

Constitutionalism in the Americas unites the work of leading scholars of constitutional law, comparative law and Latin American and U.S. constitutional law to provide a critical and provocative look at the state of constitutional law across the Americas today. The diverse chapters employ a variety of methodologies – empirical, historical, philosophical and textual analysis – in the effort to provide a comprehensive look at a generation of constitutional change across two continents.

The authors document surprising changes, including the relative decline in the importance of U.S. constitutional jurisprudence outside U.S. borders and the growing exchange of Latin American constitutional thought within Europe and beyond. Accompanying commentary elaborates on the role of constitutional law in global changes in political, social and economic power and influence. The chapters also prompt thinking about a wide range of topics important not just in the Americas, but across the world, including the challenges and implications of using legal transplants and, conversely, the utility and potential of borrowing and adapting constitutional and other legal models to different realities.

This book is useful not only for advanced students of constitutional law and theory but also for students new to the area and eager to tap into the newest thinking about constitutional law and law-making in the Americas and elsewhere.

Contents:

1. Introduction
Daniel Bonilla Maldonado and Colin Crawford

PART I The Relationship Between Latin American and U.S. Constitutionalism
2. The Political Economy of Legal Knowledge
Daniel Bonilla Maldonado

3. The Geopolitics of Constitutionalism in Latin America
Jorge L. Esquirol

PART II Latin American Constitutionalism
4. Constitutionalism in the Americas: A Comparison between the U.S. and Latin America
Roberto Gargarella

5. Back to the Future? The return of sovereignty and the principle of non-intervention in the internal affairs of the states in Latin America’s “radical constitutionalism”
Javier Couso

6. Constitutionalism old, new and unbound: the case of Mexico
Francisca Pou Giménez

7. Socioeconomic Rights and Majoritarian Courts in Latin America
David Landau

PART III U.S. constitutionalism in the 21st century
8. Constitutional Drafting in Latin America: A Quantitative Perspective
David S. Law and Tom Ginsburg

9. The Global Diffusion of U.S. Legal Thought: Changing Influence, National Security and Legal Education in Crisis
Fernanda Nicola

10. The Limits of U.S. Racial Equality Without a Latin American Constitutional “Right to Work” – A Thought Experiment
Tanya Katerí Hernández
North-South University Research Partnerships in Latin America and the Caribbean

Colin Crawford and Daniel Bonilla Maldonado

Co-author of Chapter 6: The Political Economy of Legal Knowledge in Action: Collaborative Projects in the Americas.

This volume examines research productivity within schools in Latin America and the Caribbean (LAC) and presents examples of various successful LAC North-South programs which have propelled university research in the region. Much of the scholarly work on North-South research to date has concentrated principally on joint publications and co-authorship bibliometrics. In this book, cases are explored within the context of study on international research collaborations to highlight the motivations, mechanics, limitations, and success factors involved in the North-South relationships and their resulting research output.
Experiential Education in the Law School Curriculum

Rachel A. Van Cleave

Author of chapter 17: Genius Loci: How Place Can Guide Strategic Planning That Enhances Student Engagement (authored with Anthony W. Crowell and Valerie K. Couch).

The mandate for more experiential education raises a fundamental question for law teachers: how do we design and provide these learning opportunities for our students? This book offers answers to that question. Organized into four sections, it discusses specific techniques for incorporating various forms of experiential education into the law school curriculum, ranging from discrete modules of experiential instruction to complete curriculum reform. Section I provides the foundation for making curricular changes, with chapters providing guidance on building both institutional and student support for experiential education. Section II explores the spectrum of experiential education, starting with chapters that explain experiential modules and classroom exercises that can be included in first-year and upper-level courses before moving to chapters that describe and explain immersive learning experiences such as course-long simulations and semester-in-practice programs, culminating in chapters focusing on complete curriculum reform. Section III describes programs that offer experiential learning opportunities outside of the regular curriculum. Section IV concludes the book, offering online resources for experiential education and guidance on how to provide experiential education in an online format.
Enhancing Justice: Reducing Bias

Michele Benedetto Neitz

Professor Neitz is the author of Chapter 6: When Myths Become Beliefs: Implicit Socioeconomic Bias in American Courtrooms.

This book helps explain how many who pride themselves on being fair can be part of a system which is widely seen as unfair by those who have historically been victims of bias and prejudice. The central focus of the book is on the different approaches that courts can use to lessen the impact of implicit bias by “breaking the bias habit.”
The Encyclopedia of Juvenile Delinquency and Justice

Michele Benedetto Neitz

Author of chapter: Juvenile Court Judges.

The Encyclopedia of Juvenile Delinquency and Justice is a compendium of more than 300 contributions written by leading scholars from the fields of criminal justice, justice sciences, social work, and sociology. It covers the latest research, policies, and practices regarding young offenders, the processing of juveniles within the court system, and various approaches to treating and eliminating juvenile crime. The origins and evolution of the juvenile justice system, the leading theories and major theorists in the field, and the empirical support for theories and policies designed to reduce delinquency are all discussed in depth.

Organized thematically, the Encyclopedia is arranged by three key sections. The first section focuses on juvenile delinquents and delinquency, specifically the causes, correlates, and experiences of at-risk youth. The second section provides a comprehensive review of the system developed to address juvenile offending, including the historic origins of juvenile courts and the cases that have shaped the contemporary system. In the final section, authors explore current treatment programs and policy initiatives designed to mitigate and/or prevent juvenile delinquency.
Caribbean Crime and Criminal Justice: Impacts of Post-Colonialism and Gender

Benedetta Faedi Duramy

Author of chapter 5: Child domestic slavery in Haiti.

This edited volume adds to the existing body of scientific, empirical and theoretical work on crime (victimization), and criminal justice in the Caribbean, with a specific focus on impacts of post-colonialism and gender. To investigate these impacts on a developing Caribbean criminology, the contributions in this volume focus on how impacts of post-colonialism, associated racial stereotypes, and/or gender throughout the Caribbean impact on (a) types of offending, (b) victimization, and (c) criminal justice system responses and policies.

Bringing together a broad range of experts, this book sheds light on key criminological topics in the Caribbean, including victimization, risk factors for offending, subcultures of violence and particularly gendered violence, and the role of motherhood within matrifocal societies. It is essential reading for those engaged with Caribbean - or decolonial - Criminology and those engaged with comparative and international studies in crime and justice more generally.
Toxicology in the Middle Ages and Renaissance

Benedetta Faedi Duramy

Duramy is the author of chapter 11: Catherine La Voisin: Poisons and Magic at the Royal Court of Louis XIV.

Toxicology in the Middle Ages and Renaissance provides an authoritative and fascinating exploration into the use of toxins and poisons in the Middle Ages and Renaissance. Part of the History of Toxicology and Environmental Health series, this volume is a follow-up, chronologically, to the first two volumes which explored toxicology in antiquity.

The book approximately covers the 1100s through the 1600s, delving into different aspects of toxicology, such as the contributions of scientific scholars of the time, sensational poisoners and poisoning cases, as well as myths. Historical figures, such as the Borgias and Catherine de Medici are discussed. Toxicologists, students, medical researchers, and those interested in the history of science will find insightful and relevant material in this volume.
Compliance and Enforcement of Environmental Law

Helen H. Kang

Author of chapter 4:13: Enforcement by Local Governments.

Countries throughout the world have adopted increasingly comprehensive environmental laws over recent years. Even so, immense challenges remain to achieve desired sustainability outcomes. One of the key problems in bridging the gap between legal requirements and sustainability outcomes is deficiencies in compliance and enforcement programs. Compliance and Enforcement of Enviromental Law, one of the constituent volumes in the Elgar Encyclopedia of Environmental Law, brings together leading experts to provide a detailed overview of compliance and enforcement tools. The entries are structured around key topics, including: common law causes of action, writing enforceable rules, monitoring and reporting requirements, administrative enforcement, civil judicial enforcement, assessment of civil penalties, and criminal liability. The book also addresses targeting efforts to maximize the value of limited resources and ways of measuring compliance to help ensure that results are obtained using the relevant tools.
Real Property in a Nutshell, 7th ed.

Roger Bernhardt and Ann M. Burkhart

This concise work discusses most rules covered in real property casebooks. The text is divided into three sections. Part One provides an overview of property interests by covering lost v. mislaid v. abandoned property, adverse possession, gifts, common law estates, future interests, landlord-tenant law, concurrent ownership, marital property rights, easements, profits, licenses, real covenants, and equitable servitudes. Part Two covers conveyancing, including real estate brokers, contracts of sale, deeds, recording, title insurance, and mortgages. Part Three covers a variety of property rights and liabilities, including airspace, water rights, the right to support, agreed boundaries, fixtures, trespass, nuisance, and land use regulation.
Business and Commercial Litigation in Federal Courts, 4th

Samuel F. Ernst

Author of Chapter 98, Patents.

Business and Commercial Litigation in Federal Courts provides guidance on all phases of litigation, including investigation, pleadings, motions, discovery, trials, appeals, settlement, and enforcement of judgments. It offers a self-contained library of procedure, trial advocacy, substantive law, and advice written by practicing attorneys and judges.
Copyright Termination and Recapture Laws: Good Intentions Gone Awry

Marc H. Greenberg

Copyright Termination and Recapture Laws describes the history of Congressional efforts to give creators of copyright protected works an opportunity to renegotiate transfer agreements and related licensing agreements, first via a two-term system under the 1909 Act, and then via a termination and recapture system under the 1976 Act. This book extensively evaluates the policy and legislative evolution, and provides thoughtful guidance on how practitioners can create, submit, and effectively prosecute termination requests under current law.