CWRU Faculty & Staff Authors

This reference work, also known as "The Red Book," is a source of information and advice for school teachers, their representatives, and other professionals in the legal areas of education administration. Topics range from organization and government of the school system to school property and school finance. More than 300 pages of model forms streamline document preparation. Research aids help you locate information quickly.

Adjudicative tribunals in both criminal and non-criminal cases rely on the concept of the 'burden of proof' to resolve uncertainty about facts. Perhaps surprisingly, this concept remains clouded and deeply controversial. Written by an internationally renowned scholar, this book explores contemporary thinking on the evidential requirements that are critical for all practical decision-making, including adjudication. Although the idea that evidence must favor one side over the other to a specified degree, such as 'beyond reasonable doubt', is familiar, less well-understood is an idea associated with the work of John Maynard Keynes, namely that there are requirements on the total amount of evidence considered to decide the case. The author expertly explores this distinct Keynesian concept and its implications. Hypothetical examples and litigated cases are included to assist understanding of the ideas developed. Implications include an expanded conception of the burden of producing evidence and how it should be administered.

In recent years, the Supreme Court appears to have taken a greater interest in "business" issues. Does this reflect a change in the Court's orientation, or is it the natural outcome of the appellate process? Is the Court "pro-business"? If so, in what ways do the Court's decisions supportbusiness interests and what does that mean for the law and the American public? Business and the Roberts Court provides the first critical analysis of the Court's business-related jurisprudence. In this volume, prominent academics examine the Roberts Court's handling of business-related cases,through a series of empirical and doctrinal analyses. Issues covered include securities law, antitrust, labor law, preemption, and environmental law, among others. Business law and regulatory cases touch on many important legal doctrines and can have far-reaching effects. Understanding the bases upon which the Supreme Court decides business-related cases is of tremendous importance to practitioners and academics. It can also further greater understanding ofone of the nation's most important government institutions. These issues are of interest to academics, but also of practical importance to Supreme Court and business practitioners.

This revised and expanded second edition of The Code of the Warrior--a book George R. Lucas has described as "groundbreaking" and "now part of the Military Ethics canon"--takes the reader on a tour of warrior cultures and their values, from the ancient Greeks and Romans to the "barbaric" Vikings and Celts, from chivalric knights to Native American tribesmen, from Chinese warrior monks pursuing enlightenment to Japanese samurai practicing death. This new edition enhances these discussions with analyses of modern-day warriors and examines the ethical dimensions of emerging military technology such as drones, cyber warfare, and bio-enhanced troops. A new chapter also addresses the Islamic warrior code, both in its historic and modern implementations. Drawing these historical traditions up to the present, this book seeks a code for the warriors of today, as they do battle in asymmetric conflicts both remotely and face-to-face against the scourge of global terrorism. This book offers a comprehensive survey of historic and modern warrior cultures for students of military history, philosophy, and ethics.

Learn about the latest developments in evidence law, including evidentiary issues posed by fax and e-mail, scientific and polygraph evidence, and more.

Learn about the latest developments in evidence law, including evidentiary issues posed by fax and e-mail, scientific and polygraph evidence, and more.

Learn about the latest developments in evidence law, including evidentiary issues posed by fax and e-mail, scientific and polygraph evidence, and more.

Intellectual property law, or IP law, is based on certain assumptions about creative behavior. The case for regulation assumes that creators have a fundamental legal right to prevent copying, and without this right they will under-invest in new work. But this premise fails to fully capture the reality of creative production. It ignores the range of powerful non-economic motivations that compel creativity, and it overlooks the capacity of creative industries for self-governance and innovative social and market responses to appropriation. This book reveals the on-the-ground practices of a range of creators and innovators. In doing so, it challenges intellectual property orthodoxy by showing that incentives for creative production often exist in the absence of, or in disregard for, formal legal protections. Instead, these communities rely on evolving social norms and market responses-sensitive to their particular cultural, competitive, and technological circumstances-to ensure creative incentives. From tattoo artists to medical researchers, Nigerian filmmakers to roller derby players, the communities illustrated in this book demonstrate that creativity can thrive without legal incentives, and perhaps more strikingly, that some creative communities prefer, and thrive, in environments defined by self-regulation rather than legal rules. Beyond their value as descriptions of specific industries and communities, the accounts collected here help to ground debates over IP policy in the empirical realities of the creative process.

This problem-pedagogy casebook gives due attention to common law cases but also emphasizes the importance of statutes in the modern world. Innovative features, such as graphic exercises and diagrams of crimes, are integrated with more traditional elements. Beginning with an overview of the criminal justice system, the book goes on to devote chapters to the following topics: punishment, making criminal law, conduct, mental states, homicide, causation, defenses, rape, attempted crimes, complicity, consipracy, and theft. Criminal Law also includes an appendix with relevant sections of the Model Penal Code.

Written by the Director for the newly created Center for Cyberspace Law & Policy at Case Western Reserve University, the Fourth Edition of Cyberspace Law: Cases and Materials reflects the broad knowledge and experience of a pioneer in the teaching of Cyberspace law. This was the first casebook devoted exclusively to the study of cyberspace law, and is the only one that presents it as the study of the creation, dissemination, and acquisition of human thought, creativity, and information in the digital age.

This book helps readers gain an in-depth understanding of electronic health record (EHR) systems, medical big data, and the regulations that govern them. It analyzes both the shortcomings and benefits of EHR systems, exploring the law's response to the creation of these systems, highlighting gaps in the current legal framework, and developing detailed recommendations for regulatory, policy, and technological improvements. Electronic Health Records and Medical Big Data addresses not only privacy and security concerns but also other important challenges, such as those related to data quality and data analysis. In addition, the author formulates a large body of recommendations to improve the technology's safety, security, and efficacy for both clinical and secondary (such as research) uses of medical data.

An argument for retaining the notion of personal property in the products we "buy" in the digital marketplace. If you buy a book at the bookstore, you own it. You can take it home, scribble in the margins, put in on the shelf, lend it to a friend, sell it at a garage sale. But is the same thing true for the ebooks or other digital goods you buy? Retailers and copyright holders argue that you don't own those purchases, you merely license them. That means your ebook vendor can delete the book from your device without warning or explanation--as Amazon deleted Orwell's 1984 from the Kindles of surprised readers several years ago. These readers thought they owned their copies of 1984. Until, it turned out, they didn't. In The End of Ownership, Aaron Perzanowski and Jason Schultz explore how notions of ownership have shifted in the digital marketplace, and make an argument for the benefits of personal property. Of course, ebooks, cloud storage, streaming, and other digital goods offer users convenience and flexibility. But, Perzanowski and Schultz warn, consumers should be aware of the tradeoffs involving user constraints, permanence, and privacy. The rights of private property are clear, but few people manage to read their end user agreements. Perzanowski and Schultz argue that introducing aspects of private property and ownership into the digital marketplace would offer both legal and economic benefits. But, most important, it would affirm our sense of self-direction and autonomy. If we own our purchases, we are free to make whatever lawful use of them we please. Technology need not constrain our freedom; it can also empower us.

In clear and engaging prose that makes concepts accessible without oversimplification, this Treatise explains the Federal Rules, selected state variations, major cases, essential doctrines, and important underlying policies. Frequent practical examples drawn from courtroom practice introduce students to courtroom procedure, provide a context in which evidence problems arise, and acquaint them with the language of the courtroom. This volume can serve as background for beginning students and as a one-stop refresher for those taking advanced courses. Professors can assign various sections to track the syllabus or simply recommend this book as useful background reading.

The Balkan Wars, the Rwanda genocide, and the crimes against humanity in Cambodia and Sierra Leone spurred the creation of international criminal tribunals to bring the perpetrators of unimaginable atrocities to justice. When Richard Goldstone, David Crane, Robert Petit, and Luis Moreno-Ocampo received the call - each set out on a unique quest to build an international criminal tribunal and launch its first prosecutions. Never before have the founding International Prosecutors told the behind-the-scenes stories of their historic journey. With no blueprint and little precedent, each was a path-breaker. This book contains the first-hand accounts of the challenges they faced, the obstacles they overcame, and the successes they achieved in obtaining justice for millions of victims.

This softcover volume, Rules of Evidence Handbook, is a quick reference to the Ohio Rules of Evidence. Authors' expert comments shed light on each rule of Ohio evidence, emphasizing changes in the rules, as well as their application and interpretation by the Ohio courts since 1980.

This softcover volume, Rules of Evidence Handbook, is a quick reference to the Ohio Rules of Evidence, selected sections from: The Ohio Revised Code, The Federal Rules of Evidence, Provisions of the Foreign Evidence Act, The Ohio Rules of Civil, Criminal, and Juvenile Procedure. Authors' expert comments shed light on each rule of Ohio evidence, emphasizing changes in the rules, as well as their application and interpretation by the Ohio courts since 1980.

This softcover volume, Rules of Evidence Handbook, is a quick reference to the Ohio Rules of Evidence, selected sections from: The Ohio Revised Code, The Federal Rules of Evidence, Provisions of the Foreign Evidence Act, The Ohio Rules of Civil, Criminal, and Juvenile Procedure. Authors' expert comments shed light on each rule of Ohio evidence, emphasizing changes in the rules, as well as their application and interpretation by the Ohio courts since 1980.

From publisher: "Providing a comprehensive criminal law reference for use in court, office, classroom, or police cruiser, Ohio Criminal Laws and Rules is written for everyone involved with Ohio’s criminal justice system. Contents include the full text of Ohio Revised Code Title 29 and selected provisions of the Ohio Constitution..."

Providing a comprehensive criminal law reference for use in court, office, classroom, or police cruiser, Ohio Criminal Laws and Rules is written for everyone involved with Ohio s criminal justice system. Contents include the full text of the U.S. Constitution and Ohio Revised Code Title 29 and selected provisions of the Ohio Constitution. The volume provides the laws on: Traffic offenses Controlled substances Domestic violence Procedure Evidence Traffic rules In addition to reviewing the elements of crimes, the text also includes a table of definitions, charts and checklists on sentences and fines, procedure outlines and timetable, and a detailed subject index.

Providing a comprehensive criminal law reference for use in court, office, classroom, or police cruiser, Ohio Criminal Laws and Rules is written for everyone involved with Ohios criminal justice system. Contents include the full text of the U.S. Constitution and Ohio Revised Code Title 29 and selected provisions of the Ohio Constitution. The volume provides the laws on: Traffic offenses; Controlled substances; Domestic violence; Procedure; Evidence; Traffic rules. In addition to reviewing the elements of crimes, the text also includes a table of definitions, charts and checklists on sentences and fines, procedure outlines and timetable, and a detailed subject index.

Katz & Giannelli Criminal Law covers all aspects of criminal procedure, from initial appearance to postconviction remedies, with special emphasis on constitutional and evidentiary issues. The authors have integrated the Rules of Criminal Procedure with revised code provisions, common-law precedent, and recent caselaw from Ohio, other states, and the federal system. Expert commentary is enhanced with convenient cross-references to all major related treatises.

Katz & Giannelli Criminal Law covers all aspects of criminal procedure, from initial appearance to postconviction remedies, with special emphasis on constitutional and evidentiary issues. The authors have integrated the Rules of Criminal Procedure with revised code provisions, common-law precedent, and recent caselaw from Ohio, other states, and the federal system. Expert commentary is enhanced with convenient cross-references to all major related treatises.

This comprehensive and practical book focuses on the core concepts of Intellectual Property. Its innovative pedagogy engages students with problems drawn from actual cases and provides them with introductions to cases and contextual summaries in the notes.

The Law of Patents, Fourth Edition is a comprehensive casebook on the law of patents that features helpful introductory text, technologically-accessible cases, detailed comments, comparative and policy perspectives, and statutes. Key Features of the New Edition: * Up-to-date Federal Circuit and Supreme Court case law, including Nautilus, Alice, Teva, Williamson, and Lexmark * Detailed substantive comments following the principal cases * More statistics and charts, particularly relating to USPTO decision making and PTAB inter partes review * Enhanced Policy and Comparative Perspectives.

From publisher: "Ohio Appellate Practice provides fast answers to questions about appellate practice in Ohio, as well as in-depth analysis of all of the most recent caselaw, rules, and statutes governing it. The text covers all aspects of practice..."

From publisher: "Ohio Appellate Practice provides fast answers to questions about appellate practice in Ohio, as well as in-depth analysis of all of the most recent caselaw, rules, and statutes governing it. The text covers all aspects of practice..."

Ohio Appellate Practice provides fast answers to questions about appellate practice in Ohio, as well as in-depth analysis of all of the most recent caselaw, rules, and statutes governing it.

From the publisher: "In Ohio Arrest, Search and Seizure, a nationally recognized Fourth Amendment authority examines the balance of an individual's rights with legitimate law enforcement procedures, as reflected in decisions of the U.S. Supreme Court, Ohio criminal rules and statutes, and state caselaw. This basic reference on Ohio criminal procedure interprets new trends and developments while addressing facts and holdings in more than 800 cases.."

From the publisher: "In Ohio Arrest, Search and Seizure, a nationally recognized Fourth Amendment authority examines the balance of an individual's rights with legitimate law enforcement procedures, as reflected in decisions of the U.S. Supreme Court, Ohio criminal rules and statutes, and state caselaw. This basic reference on Ohio criminal procedure interprets new trends and developments while addressing facts and holdings in more than 800 cases.."

In Ohio Arrest, Search and Seizure, a nationally recognized Fourth Amendment authority examines the balance of an individual's rights with legitimate law enforcement procedures, as reflected in decisions of the U.S. Supreme Court, Ohio criminal rules and statutes, and state caselaw. This basic reference on Ohio criminal procedure interprets new trends and developments while addressing facts and holdings in more than 800 cases.

From the publisher: "Ohio Juvenile Law is a straightforward treatise containing selected provisions of the state revised code and rules of procedure and covering all major aspects of juvenile law..."

From publisher: Ohio School Law contains the authors' text from Baldwin's Ohio School Law in a handy format, with cross-references to federal and state statutes and caselaw. Expert commentary is geared to your practical needs, and it discusses all aspects of Ohio school law, with special emphasis on topics of current concern..."

From publisher: Ohio School Law contains the authors' text from Baldwin's Ohio School Law in a handy format, with cross-references to federal and state statutes and caselaw. Expert commentary is geared to your practical needs, and it discusses all aspects of Ohio school law, with special emphasis on topics of current concern..."

Ohio School Law contains the authors' text from Baldwin's Ohio School Law in a handy format, with cross-references to federal and state statutes and caselaw. Expert commentary is geared to your practical needs, and it discusses all aspects of Ohio school law, with special emphasis on topics of current concern, such as: teachers' compensation, fringe benefits, and leave; the training of board of education members and personnel. This portable book is suitable for adoption as a text in schools of education and is ideal for quick reference by board members, principals, teachers, and the general public.

Seventy-two new problems have been added in this new edition. A number of these new problems concern authentication of social media and electronic evidence and the authentication of DNA with interesting chain of custody problems. Additional problems have been added dealing with expert evidence, including validation of new types of expert and lay testimony regarding cell tower tracking. Three new problems in the area of attorney-client privilege examine the application Federal Rule of Evidence Rule 502. Many of the new problems draw their inspiration from recent appellate opinions dealing with cutting-edge evidence issues.

Questions and Answers: Evidence helps you develop a better, fuller understanding of the law of evidence that will carry you through your evidence class and on into practice. This indispensable supplement, part of our well-known Questions and Answers series, helps you apply concepts as you learn them so that you can prepare more effectively for class and gain a competitive edge on exams. This study guide includes over 455 multiple-choice and short-answer questions, arranged topically for ease of use during the semester, plus an additional set of 98 "practice exam" questions. This edition includes questions on the latest Federal Rules of Evidence amendments and Supreme Court cases. For each multiple-choice question, there is a detailed answer that indicates which of four options is the best answer and explains thoroughly why that option is better than the other three options. Each short-answer question is designed to be answered in fifteen minutes or less and includes a thoughtful and comprehensive, yet brief, model answer.

Tax Aspects of Marital Dissolution provides the tools you need to conduct tax-wise negotiations on behalf of your divorce clients. It provides guidance in drafting marital settlement agreements that take tax ramifications into account, and covers the latest alimony recomputation rules and maximum tax rates.

Tax Aspects of Marital Dissolution provides the tools you need to conduct tax-wise negotiations on behalf of your divorce clients. It provides guidance in drafting marital settlement agreements that take tax ramifications into account, and covers the latest alimony recomputation rules and maximum tax rates.

Tax Aspects of Marital Dissolution provides the tools you need to conduct tax-wise negotiations on behalf of your divorce clients. It provides guidance in drafting marital settlement agreements that take tax ramifications into account, and covers the latest alimony recomputation rules and maximum tax rates.

This Understanding treatise presents the essential topics in evidence law cogently and concisely. While it was written primarily for students in Evidence and Trial Practice courses, the "Key Points" summary at the end of each chapter and the inclusion of the current Federal Rules of Evidence in an appendix make this treatise an excellent reference for busy attorneys.Understanding Evidence begins with an overview of Evidence law followed by an explanation of the roles of the judge and jury. The remaining chapters are organized under the following topics: Procedural Framework of Trial Relevancy Witnesses Real and Demonstrative Evidence Writings Hearsay Privileges Substitutes for Evidence This treatise extensively discusses and cites the Federal Rules of Evidence. Cases, statutes, other rules, and secondary sources are also cited, providing a comprehensive framework for understanding evidence law. The fifth edition discusses recent amendments to the Federal Rules of Evidence and new Supreme Court cases since the previous edition in 2013.