Below are books and monographs authored, co-authored, or edited by GGU Law faculty.
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
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.
Constitutionalism in the Americas
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.
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
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”
6. Constitutionalism old, new and unbound: the case of Mexico
Francisca Pou Giménez
7. Socioeconomic Rights and Majoritarian Courts in Latin America
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
10. The Limits of U.S. Racial Equality Without a Latin American Constitutional “Right to Work” – A Thought Experiment
Tanya Katerí Hernández
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.
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.
Bernhardt's California Real Estate Laws, 2015 Edition
A compilation of all significant laws and regulations that affect California real estate and the real estate industry; includes highlights of new legislation and expert commentary prepared by the volume's authors. Also includes an index.
International Perspectives and Empirical Findings on Child Participation
Benedetta Faedi Duramy and Tali Gal
The 1989 UN Convention on the Rights of the Child has inspired advocates and policy makers across the globe, injecting children's rights terminology into various public and private arenas. Children's right to participate in decision-making processes affecting their lives is the acme of the Convention and its central contribution to the children's rights discourse. At the same time the participation right presents enormous challenges in its implementation. Laws, regulations and mechanisms addressing children's right to participate in decision-making processes affecting their lives have been established in many jurisdictions across the globe. Yet these worldwide developments have only rarely been accompanied with empirical investigations. The effectiveness of various policies in achieving meaningful participation for children of different ages, cultures and circumstances have remained largely unproven empirically. Therefore, with the growing awareness of the importance of evidence-based policies, it becomes clear that without empirical investigations on the implementation of children's right to participation it is difficult to promote their effective inclusion in decision making.
This book provides a much-needed, first broad portrayal of how child participation is implemented in practice today. Bringing together 19 chapters written by prominent authors from the United States, Canada, the United Kingdom, Ireland, New Zealand, Australia, and Israel, the book includes descriptions of programs that engage children and youth in decision-making processes, as well as insightful findings regarding what children, their families, and professionals think about these programs. Beyond their contribution to the empirical evidence on ways children engage in decision-making processes, the volume's chapters contribute to the theoretical development of the meaning of "participation," "citizenship," "inclusiveness," and "relational rights" in regards to children and youth. There is no matching to the book's scope both in terms of its breadth of subjects and the diversity of jurisdictions it covers. The book's chapters include experiences of child participation in special education, child protection, juvenile justice, restorative justice, family disputes, research, and policy making.
California and Federal Evidence: Cases and Materials
Wes R. Porter
GGU Law Professor Wes Porter is the editor of this casebook, written by John E.B. Myers.
Gender and Violence in Haiti: Women’s Path from Victims to Agents
Benedetta Faedi Duramy
Women in Haiti are frequent victims of sexual violence and armed assault. Yet an astonishing proportion of these victims also act as perpetrators of violent crime, often as part of armed groups. Award-winning legal scholar Benedetta Faedi Duramy visited Haiti to discover what causes these women to act in such destructive ways and what might be done to stop this tragic cycle of violence.
Gender and Violence in Haiti is the product of more than a year of extensive firsthand observations and interviews with the women who have been caught up in the widespread violence plaguing Haiti. Drawing from the experiences of a diverse group of Haitian women, Faedi Duramy finds that both the victims and perpetrators of violence share a common sense of anger and desperation. Untangling the many factors that cause these women to commit violence, from self-defense to revenge, she identifies concrete measures that can lead them to feel vindicated and protected by their communities.
Faedi Duramy vividly conveys the horrifying conditions pervading Haiti, even before the 2010 earthquake. But Gender and Violence in Haiti also carries a message of hope—and shows what local authorities and international relief agencies can do to help the women of Haiti.
Comic Art, Creativity And The Law
Marc H. Greenberg
The creation of works of comic art, including graphic novels, comic books, cartoons and comic strips, and political cartoons, is affected, and at times limited, by a diverse array of laws, ranging from copyright law to free speech laws. This book examines how this intersection affects the creative process, and proposes approaches that encourage, rather than limit, that process in the comic art genre. Attention to the role comic art occupies in popular culture, and how the law responds to that role, is also analyzed.
The book examines the impact contract law, copyright law (including termination rights, parody, and ownership of characters), tax law and obscenity law has on the creative process. It considers how these laws enhance and constrain the process of creating comic art by examining the effect their often inconsistent and incoherent application has had on the lives of creators, retailers and readers of comic art. It uniquely explains the disparate results in two key comic book parody cases, the Winter Brothers case and the Air Pirates case and offers an explanation for the seemingly inconsistent results in those cases. Finally, it offers a detailed discussion and analysis of the history and operation of the “work-for-hire” doctrine in copyright law and its affect on comic art creators.
Designed for academics, practitioners, students and fans of comic art, the book offers proposals for changes in those laws that constrain the creative process, and a glimpse into the future of comic art and the law.
Expert Witnesses: Criminal Cases
Wes R. Porter
Expert Witnesses: Criminal Cases discusses the strategy and best practices of working with expert witnesses in the unique context of criminal litigation, including how and in what ways expert testimony in criminal trials is unique and why involving an expert in a criminal case should be carefully considered.
White Collar Crime: RICO, 2014-15 ed.
Wes R. Porter and H. Brown
Here is a one-volume treatise that provides defense practitioners with strategies for representing clients in federal racketeering cases. The publication presents a history of the development of the RICO statute and an explanation of its basic elements: criminal enterprise, predicate offenses, pattern of racketeering activity. In addition, the authors discuss RICO conspiracy charges and other offenses under RICO, and guide the practitioner through the various phases of a RICO case, from investigation to appeal. This treatise is authored by former U.S. Attorneys with significant experience in both criminal prosecution and defense contexts. The authors provide practical advice and strategies for all aspects of the case and guidance to avoid the most common pitfalls.
Bernhardt and Burkhart's Black Letter Outline on Property, 6th
Roger Bernhardt and Ann M. Burkhart
Black Letter Outlines are designed to help a law student recognize and understand the basic principles and issues of law covered in a law school course. Black Letter Outlines can be used both as a study aid when preparing for classes and as a review of the subject matter when studying for an examination. Each Black Letter Outline is written by experienced law school professors who are recognized national authorities in their subject area.
Cases and Problems in Criminal Law, Sixth Edition
A client comes to a lawyer with a difficult legal problem, involving a complex set of facts. The lawyer then researches the legal issues, finding a cluster of cases and statutes - almost all from the jurisdiction in which the problem arises. In order to advise the client (and, if necessary, to litigate the case), the lawyer must analyze, distinguish, reconcile, and interrelate the authorities in the cluster, seeing them as a group indicating the direction of that state's law, as well as seeing them separately. Cases and Problems in Criminal Law contains the caselaw that law students have to know and helps professors to recreate that experience so their students can learn how to handle it.
Vulnerable Populations and Transformative Law Teaching: A Critical Reader
Michele Benedetto Neitz
The essays included in this volume began as presentations at the March 19–20, 2010 “Vulnerable Populations and Economic Realities” teaching conference organized and hosted by Golden Gate University School of Law and co-sponsored by the Society of American Law Teachers (SALT). That conference, generously funded by a grant from The Elfenworks Foundation, brought together law faculty, practitioners, and students to reexamine how issues of race, gender, sexual identity, nationality, disability, and generally—outsider status—are linked to poverty. Contributors have transformed their presentations into essays, offering a variety of roadmaps for incorporating these issues into the law school curriculum, both inside the classroom as well as in clinical and externship settings, study abroad, and social activism. These essays provide glimpses into “teaching moments,” both intentional and organic, to help trigger opportunities for students and faculty to question their own perceptions and experiences about who creates and interprets law, and who has access to power and the force of law.
This book expands the parameters of law teaching so that this next generation of attorneys will be dedicated to their roles as public citizens, broadening the availability of justice.
Contributors include: John Payton; Richard Delgado; Steven W. Bender; Sarah Valentine; Deborah Post and Deborah Zalesne; Gilbert Paul Carrasco; Michael L. Perlin and Deborah Dorfman; Robin R. Runge; Cynthia D. Bond; Florence Wagman Roisman; Doug Simpson; Anne Marie Harkins and Robin Clark; Douglas Colbert; Raquel Aldana and Leticia Saucedo, Marci Seville; Deirdre Bowen, Daniel Bonilla Maldonado, Kathleen Neal Cleaver, Colin Crawford, and James Forman, Jr.; Susan Rutberg; Mary B. Culbert and Sara Campos; MaryBeth Musumeci, Elizabeth Weeks Leonard, and Brutrinia D. Arellano; Libby Adler; and Paulette J. Williams.
The editorial board includes Raquel Aldana, Steven Bender, Olympia Duhart, Michele Benedetto Neitz, Angela Onwuachi-Willig, Hari Osofsky, and Hazel Weiser.
Bernhardt and Burkhart's Real Property in a Nutshell, 6th
Roger Bernhardt and Ann M. Burkhart
Most of the rules covered in standard real property casebooks are summarized in this concise work. For quick reference the text is divided into three sections. Part One overviews interests in land, such as adverse possession, common-law estates, and concurrent ownership. Part Two covers conveyances through real estate brokers, contract of sale, transfer of title by deed, and mortgages. Part Three concludes with a discussion on miscellaneous property doctrines.
Cases and Problems in Criminal Procedure: The Police, Fifth Edition
This unique coursebook attempts to recreate for law students the experience that lawyers have when analyzing the procedural issues involved in the investigatory phase of a criminal case. This approach not only enhances learning but also makes learning enjoyable since students get to play lawyer.
At the outset of each chapter, a complex problem is presented in the form of a memo to a law clerk working in a variety of settings (reporting to a public defender, prosecutor, judge or private criminal defense attorney). The problem is followed by the research tools--relevant cases and statutes--necessary to solve the problem. Notes follow many cases, suggesting to students how the cases might be used to analyze the problem. They also contain summaries of recent cases which may give students a broader perspective on how courts are handling the issues raised by the main cases.
This book focuses on criminal procedure under the United States Constitution. Cases are edited sparingly, and many dissents and concurring opinions are included. The cases are presented in chronological order within a topic so that students can see how doctrines or laws developed historically.
The Great Dissents of the "Lone Dissenter" Justice Jesse W. Carter's Twenty Tumultuous Years on the California Supreme Court
David B. Oppenheimer and Allan Brotsky
Jesse W. Carter served as a justice on the California Supreme Court from 1939-1959, where he was known as “The Lone Dissenter” because he wrote so many solo dissents. Many of these opinions were in passionate defense of civil rights, civil liberties, and the rights of labor, criminal defendants, and personal injury victims. Several of the cases were reversed by the United States Supreme Court, or by later decisions of the California Supreme Court, adopting Justice Carter’s reasoning. This book combines essays on several of those dissents, written by faculty and friends of Golden Gate University School of Law, where Carter earned his law degree in 1913, as well as an essay on the role of dissenting opinions by another great dissenter, Justice William Brennan.
Transitional Authority in Iraq: Legitimacy, Governance and Potential Contribution to the Progressive Development of International Law
What happens when a government is overthrown? How is a new governing body developed? Finally, which rights of the people need to be preserved in the process of state building? Dr. Zakia Afrin's book Transitional Authority in Iraq: Legitimacy, Governance and Potential Contribution to the Progressive Development of International Law, addresses these issues in the case of post conflict Iraq's developing governing body. The analysis focuses on the composition, legal authority, and effectiveness of the transitional powers in Iraq. A key point of focus is the development of the people's rights during the new government's formation. However, this book balances its analysis by pointing out the degradation of many human rights in Iraq, especially women's rights. Dr. Afrin's analysis and conclusions are practically applicable to future instances of new governance development as well as meriting study by comparative legal scholars. The book includes a reprint of the Law of the Administration for the State of Iraq for the Transitional Period, 2004.
California Mortgages, Deeds of Trust, and Foreclosure Litigation
Roger Bernhardt, Charles A. Hansen, and et al.
Foreclosures, loan modifications, and borrower bankruptcies—all in one book. Avoid costly mistakes with clear and concise direction from Roger Bernhardt, Chuck Hansen, and other experts; negotiate the best workouts with commercial forms.
Property Cases and Statutes, Second Edition
Roger Bernhardt; Joyce Palomar; and Patrick Randolph, Jr
This new first-year casebook is a unique blend of cases and real-world problems. The authors — nationally known for bridging the gap between theory and practice and collectively possessing more than 150 semesters of teaching first-year property — have created a book using thoughtful decisions by judges wrestling with contemporary problems.
This casebook concentrates on issues that are meaningful to students today as learners and will be vital to them later as attorneys. The authors have selected opinions that are intelligible as well as concise, so as to be quickly understood. Scarce class time is thereby made available to apply those rules to contemporary problems. Excerpts from opinions in related cases, statutes, and relevant articles follow each primary case to provide comprehensive overviews of every topic. The second edition includes a number of new decisions and features extensive prefacing to the cases, giving students greater guidance as to their significance.
Cases and Problems in Criminal Procedure: The Courtroom, Fifth Edition
Cases and Problems in Criminal Procedure: The Courtroom focuses on procedural issues that arise in the prosecution stage of a criminal case. This casebook attempts to recreate for law students the experience that lawyers have when analyzing the procedural issues involved in the investigatory phase of a criminal case. This approach not only enhances learning but also makes learning enjoyable since students get to play lawyer.
At the outset of each chapter, a complex problem is presented in the form of a memo to a law clerk working in a variety of settings (reporting to a public defender, prosecutor, judge or private criminal defense attorney). Many of the problems have been modified to reflect recent cases. The problem is followed by the research tools--relevant cases and statutes--necessary to solve the problem. Notes follow many cases, suggesting to students how the cases might be used to analyze the problem. They also contain summaries of cases which may give students a broader perspective on how courts are handling the issues raised by the main cases.
Environmental Justice Law, Policy & Regulation, 2nd ed.
Clifford Rechtschaffen, Eileen Gauna, and Catherine A. O'Neill
Environmental justice is a significant and dynamic contemporary development in environmental law. Rechtschaffen, Gauna and new coauthor O’Neill provide an accessible compilation of interdisciplinary materials for studying environmental justice, interspersed with extensive notes, questions, and a teacher’s manual with practice exercises designed to facilitate classroom discussion. It integrates excerpts from empirical studies, cases, agency decisions, informal agency guidance, law reviews, and other academic literature, as well as community-generated documents.
This second edition includes new chapters addressing climate change, international environmental justice, and a capstone case study. It also adds expanded coverage of risk and the public health, empirical environmental justice research, and environmental justice for American Indian peoples.
California Real Estate Finance, Fifth Edition
Roger Bernhardt, Daniel B. Bogart, Stephen W. Dyer, and Dan S. Schechter
Roger Bernhardt, Stephen Dyer, and their new co authors, Daniel Bogart and Dan Schechter have fully updated their casebook on California Real Estate Finance in this revised fifth edition. California Real Estate Finance not only takes account of important changes in state and federal substantive and statutory law, but goes further and addresses the controversial and important real estate issues so widely discussed today, including predatory lending and the collapse of the subprime mortgage market.
California law governing real estate is comprehensive and complex, fiercely so in the area of finance. Many California students will practice in this area, and the California Bar Exam does include finance as a subject area. Conventional law school real estate transactions courses often devote only a small fraction of their time to the important peculiarities of California doctrines, such as the one action and antideficiency rules. This book fills a critical need for students attending California law schools who intend to practice here. In order to fully explain the field of finance, the book regularly juxtaposes the rules and results in California with those in other jurisdictions, preparing students to carry their knowledge and newly acquired skills to other jurisdictions as well.