Below are book chapters or sections authored by GGU Law faculty.
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.
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.
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.
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.
Samuel F. Ernst
Author of Ch. 8: R Radical Patent Law Reform in a Common Law Enabling System: A Metahistory.
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
Benedetta Faedi Duramy and Ayelet Blecher-Prigat
Author of Ch. 5: Commentary on O’Neal v. Wilkes.
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.
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
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.
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.
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.
Author of Chapter 15: Les travailleurs domestiques : un mouvement pour améliorer leur accès à la justice sociale.
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.
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.
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.”
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.
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.
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.
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.
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.
Helen H. Kang
Professor Kang contributed to chapter 26, Constitutional Law.
The Year in Review is the Section's comprehensive annual summary of judicial decisions, new legislation, and regulatory developments. Topics include air quality, environmental transactions and brownfields, water quality and wetlands, oil and gas, and water resources.
How Cities Will Save the World: Urban Innovation in the Face of Population Flows, Climate Change and Economic Inequality
Author of chapter: "Cities Seeking Justice: Local Government Litigation in the Public Interest."
This book chapter explains that an increasing number of city law offices across the U.S. view themselves as platforms for public interest work rather than mere defense litigation firms. The book is intended for scholarly and non-scholarly audiences alike. The goal of the book is to both record what is happening and inspire city officials going forward.
Cities are frequently viewed as passive participants to state and national efforts to solve the toughest urban problems. But the evidence suggests otherwise. Cities are actively devising innovative policy solutions and they have the potential to do even more. In this volume, the authors examine current threats to communities across the U.S. and the globe. They draw on first-hand experience with, and accounts of, the crises already precipitated by climate change, population shifts, and economic inequality. This volume is distinguished, however, by its central objective of traveling beyond a description of problems and a discussion of their serious implications. Each of the thirteen chapters frame specific recommendations and guidance on the range of core capacities and interventions that 21st Century cities would be prudent to consider in mapping their immediate and future responses to these critical problems. How Cities Will Save the World brings together authors with frontline experience in the fields of city redevelopment, urban infrastructure, healthcare, planning, immigration, historic preservation, and local government administration. They not only offer their ground level view of threats caused by climate change, population shifts, and economic inequality, but they provide solution-driven narratives identifying promising innovations to help cities tackle this century’s greatest adversities.
Colin Crawford, Jared Sternberg and Robert C. Cudd, authors of chapter 6: Ecotourism Regulation and the Move to a Green Economy.
The concept of the green economy has now entered mainstream policy debates and been endorsed by a range of United Nations and other organizations. The Rio+20 UN conference specifically drew attention to the green economy approach in the context of sustainable development to move away from business-as-usual practices, act to end poverty, address environmental destruction and build a bridge to the sustainable future. It is increasingly recognized that the tourism sector can make a major contribution to the green economy through more sustainable practices, climate change mitigation and ecotourism. The role of tourism sector will continue to be crucial in the post-2015 sustainable development agenda too. However, there are ambiguities about how tourism and allied industries can maximize their contribution to human well-being and ensure environmentally sustainability, embracing issues of political economy, geography and business ethics.
In this context, this book provides consensus about what the green economy entails, what role tourism can play in a green economy, early responses from many countries, on-going and emerging research initiatives that will enable tourism’s transition to a green economy. The chapters address three key themes: understanding the Green Economy concept and the role of tourism; responses and initiatives in greening tourism; and emerging techniques and research implications. A wide range of case studies from around the world and in different contexts is included to demonstrate the extent of the challenge and range of opportunities for the tourism industry.
Helen H. Kang
Author of chapter: "Clinical Education in South Korean Law Schools."
This book describes the history, present status and possible future models of clinical legal education (CLE) in 12 Asian countries, with particular focus on the Asian character of CLE as it has evolved in different countries.
Christian N. Okeke
Author of Chapter 3: "Methodological Approaches to Comparative Legal Studies in Africa."
Comparative Law in Africa: Methodologies and Concepts is the outcome of a workshop held in 2012. Its aim is to contextualise comparative legal studies in the African continent, with the ultimate goal of paving the way for the development of a comparative methodology specifically addressed to Africa. The studies presented in this volume offer different views and perspectives around the main theme of how to methodologically approach comparative legal studies in Africa, and how to properly take into consideration all the different layers composing the African legal systems, in order to give them the proper role and the proper place.
Stephen A. Rosenbaum
Co-author of Chapter 5: Implementing Effective Education in Specific Contexts, Section E: Cross-Border Teaching and Collaboration.
Building on Best Practices is a follow-up to Best Practices for Legal Education, a project of the Clinical Legal Education Association (CLEA), authored primarily by Roy Stuckey. With contributions from more than 50 legal educators, this new volume is not a second edition, but is intended to be used in conjunction with the original volume, as the core content of Best Practices remains just as useful as when it was originally published. In the wake of new ABA Accreditation Standards, the MacCrate Report, and other changes, legal education is called upon today to respond to a broader view of what lawyers must be trained to do. Building on Best Practices identifies ten such areas and provides guidance on what and how to teach them. The demand to teach a broader range of knowledge, skills, and values presents difficult trade-offs, however, that are also considered.