Faculty Books

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  An IBA Guide to International Trade Agreements for IBA Member Bars

  Alison Hook, Laurel Terry, and Jonathan Goldsmith

  "This guide is designed to assist International Bar Association (IBA) Member Bars in understanding and responding to the changing approach to international treaties governing trade in legal services. It builds on and updates the General Agreement on Trade in Services (GATS) Handbook, which the IBA published in 2003 (revised in 2013). The original handbook was designed to help IBA Member Bars deal with a specific set of negotiations taking place in the World Trade Organization (WTO) at the time, known as the Doha Round of negotiations, which were expected to have significant implications for trade in services, including legal services. The 2013 edition incorporated some additional material, but was essentially an update of the 2003 version. This new guide to International Trade Agreements incorporates all the key material on the WTO GATS from these handbooks, with updates to reflect the very different environment for international trade in legal services that has emerged over the past decade."-- Introduction

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  Professional Responsibility, A Contemporary Approach

  Reness Knake Jefferson, Russell G. Pearce, Bruce A. Green, Peter A. Joy, Sung Hui Kim, M. Ellen Murphy, Laurel S. Terry, Lonnie T. Brown Jr., and Swethaa S. S. Ballakrishnen

  In Print and Online, Professional Responsibility: A Contemporary Approach, 5th Edition offers a comprehensive, challenging, and engaging treatment of the law and ethics of lawyers’ work, including professionalism, in a modern and accessible format. It is the only book to include international comparisons throughout the book and an entire chapter devoted to exploring lawyering perspectives. Faculty have the option of using the casebook as an innovative paper text or as the foundation for a computer interactive pedagogy that features thought-provoking online components, including internet links and multiple choice assessment problems on CasebookPlus™ to satisfy ABA formative assessment requirements. Each chapter features learning outcomes, and most chapters include audio-links to mini-lectures by the authors to explain difficult concepts. This edition also incorporates racial and social justice issues in each chapter to facilitate thought-provoking discussions and enhance professional development.

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  The Rise of the Decanal Collective Voice

  Danielle M. Conway

  The United States is a nation of laws, and its Constitution and the rule of law have allowed it to confront and successfully navigate many threats to democracy throughout the nation’s complex history, including a Civil War. All of these threats challenged the nation in various ways, but never has there been a challenge to the truth of our elections like what happened on January 6, 2021.

  The Insurrection represents a turning point in America’s history. In addition to the unprecedented assault on the U.S. Capitol, members of the government sought to undermine an election and supported an attack on the government.

  Exposing the issues that led us to January 6, Beyond Imagination? brings together 14 deans of American law schools to examine the day’s events and how we got there, from a legal perspective, in hopes of moving the nation forward towards healing and a recommitment to the rule of law and the Constitution.

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  Transnational Intellectual Property Law: Cases and Materials from the United States, Europe, Japan, and China

  Xuan-Thao Nguyen, Danielle M. Conway, and Lateef Mtima

  "Transnational Intellectual Property Law provides students comparative knowledge of intellectual property for today’s world. The book provides students a strong understanding of intellectual property law in four important global stakeholders and regions: United States, European Union, Japan and China. Transcending national borders, the students will learn the similarities and differences in these four regions through reading and analyzing valuable primary sources of judicial opinions from the courts. The materials allow the students to identify how culture and traditions influence judges in crafting their opinions, in both common law and civil law countries.
  
  The book is organized in six units. Each unit begins with a concise summary of a doctrinal area of intellectual property law in each of the four regions, United States, European Union, Japan and China. Judicial opinions from a particular region follow the doctrinal summaries within each unit."

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  Civil Liberties Litigation: Cases and Materials

  Gary Gildin

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  Trial Advocacy Basics

  Molly Townes O’Brien and Gary S. Gildin

  "Whether you are preparing for your first trial or your hundredth, Trial Advocacy Basics is the book for you. More than just a courtroom primer for novice and experienced trial attorneys, this completely revised edition focuses on what makes jurors tick, and how to effectively communicate the story of your case to both the jury and the judge. From case analysis and theory through cross-examination, impeachment, and closing arguments, Molly Townes O'Brien and Gary Gildin provide cutting-edge perspectives on how jurors think and how to optimize both the style and substance of your trial practice. O’Brien and Gildin relate practical advice on every stage of trial preparation and practice in a straightforward manner, using memorable examples and anecdotes, colorful quotes, and humor to highlight each lesson."--Publisher's Description

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  Die klinische Anwendung von humanen induzierten pluripotenten Stammzellen — Ein Stakeholder-Sammelband [The Clinical Application of Human Induced Pluripotent Stem Cells — A Stakeholder Anthology]

  Sara Gerke, Jochen Taupitz, Claudia Wiesemann, Christian Kopetzki, and Heiko Zimmerman

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  Copyright's Arc

  Martin Skladany

  In Copyright's Arc, Martin Skladany rejects a one-size-fits-all copyright regime. Within developed countries, copyright's incentives have spawned multinational corporations that create a plethora of slick, hyped entertainment options that encourage Americans to overconsume, whereas in developing countries, extreme copyright blocks the widespread distribution of entertainment, which impedes women's equality and human rights movements. Meanwhile, moderate copyright in middle-income countries helps foster artistic movements that forge inclusive national identities. Given these conditions, Skladany argues that copyright should vary between countries, following an arc across the development spectrum.

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  Licensing Intellectual Property: Law and Application, Fourth Edition

  Robert W. Gomulkiewicz, Xuan-Thao Nguyen, and Danielle M. Conway

  Intellectual property is among the most important and interesting areas of law, thanks to its close link to the technological changes sweeping society. But it is not enough to simply own patents, copyrights, trademarks, and trade secrets—inventors and creators need to put these intellectual property assests to productive use. Licensing is the most important way to do that. Licensing Intellectual Property: Law and Application provides students of varied backgrounds with an understanding of the legal principles and licensing models available to help clients accomplish their business objectives. This book is for courses focusing on the law of licensing and the application of licensing in practice. In particular, the book’s extensive drafting and client counseling exercises provide students the opportunity to develop their skills.

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  Intellectual Property, Software, and Information Licensing: Law and Practice, Second Edition

  Xuan-Thao Nguyen, Robert W. Gomulkiewicz, and Danielle M. Conway

  License transactions play a leading role in the modern information economy. They provide a critical legal mechanism for both technological and business model innovation. They also underlie the creation, dissemination, and use of intellectual property and other intangible assets that give the information economy its name. There has been much attention paid to the creation and protection of information assets but less focus on the transactions (licenses) that bring them to the marketplace. This is one reason we decided that the time was ripe for a new book on this subject. This book is not the first to discuss license transactions. We believe it is the first, however, to comprehensively address licensing in the many contexts in which it arises in the information economy, e.g., mass market consumer software transactions, product development, open source software, multimedia, patent pools, franchising, merchandising, university technology transfers, government contracts, financing, corporate acquisitions, litigation, taxation, bankruptcy, and antitrust. It is also the first book to provide detailed treatment of both the theory and the practice of licensing. Some books focus on drafting licenses and others focus on legal theory; our book strives to be comprehensive in discussing both the theory and the practice of licensing law. It contains many cases and many samples of license provisions. This dual focus comes out of our conviction that the best licensing lawyers are those who have mastered both aspects of licensing.

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  Big Copyright Versus the People: How Major Content Providers are Destroying Creativity and How to Stop Them

  Martin Skladany

  When the idea of copyright was enshrined in the Constitution it was intended to induce citizens to create. Today, however, copyright has morphed into a system that offers the bulk of its protection to a select number of major corporate content providers (or Big Copyright), which has turned us from a country of creators into one of consumers who spend, on average, ten hours each day on entertainment. In this alarming but illuminating book, Martin Skladany examines our culture of overconsumption and shows not only how it leads to addiction, but also how it is unraveling important threads - of family, friendship, and community - in our society. Big Copyright versus the People should be read by anyone interested in understanding how Big Copyright managed to get such a lethal grip on our culture and what can be done to loosen it.

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  Patent Misuse and Antitrust Law: Empirical, Doctrinal and Policy Perspectives

  Daryl Lim

  This unique book provides a comprehensive account of the patent misuse doctrine and its relationship with antitrust law. Created to remedy and discourage misconduct by patent owners a century ago, its proper role today is debated more than ever before. Innovation and competition take place in increasingly complex environments that demand a clear understanding of where illegality ends and legitimate corporate strategy begins. The book is an essential resource for the curious, the expert and all those engaged in deciding what patent misuse means and should mean today. In addition to in-depth doctrinal and policy perspectives, it looks at patent misuse through the eyes of today’s leading practitioners, judges, government officials and academics. It also presents a qualitative analysis of modern misuse case law spanning 1953 to 2012. The result is a compelling account that lays out an important doctrinal, policy and empirical framework for future cases and scholarship. Patent law students and scholars will find the author’s comprehensive study of popular and actual perceptions of the misuse doctrine a valuable resource, while practitioners, government officials and judges will appreciate the predictive value of the author’s findings.

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  The Revised Handbook about the GATS General Agreement on Trade in Services for International Bar Association Member Bars

  Laurel S. Terry

  The Revised GATS Handbook updates the Handbook that was published ten years ago by the International Bar Association (IBA). The goal of the revised Handbook is to enable IBA Member Bars to understand their jurisdiction’s current GATS obligations and to enable them to meaningfully engage with each other and with their government representatives regarding the current GATS negotiations that are taking place under the auspices of the World Trade Organization.

  The IBA’s Revised GATS Handbook reviews the substantive provisions of the GATS; explains how these GATS substantive provisions apply in the context of legal services; sets forth some of the developments that have occurred since the adoption of the GATS and their relevance to legal services; and identifies where the debates have occurred with respect to legal services. It also reviews the actions the IBA has undertaken with respect to the GATS and discusses the rise in bilateral and regional trade agreements that include legal services.

  The Handbook is designed to provide the “big picture” information necessary for bar leaders who want to understand the significance of the GATS. But it is also designed to provide, as simply and as clearly as possible, the information and detail that every IBA Member Bar likely will need to know in order to respond to both technical and policy questions that Bars may be asked by their governments, including questions such as the bar’s position about whether legal services should be included in its country’s Schedule of Specific Commitments; whether any changes should be made to the way in which the country has "scheduled" legal services, including any market access or national treatment limitations for Modes 1-4; the classification system that should be used for new or revised legal services offers in the Doha Round of negotiations; and the bar’s position regarding the proposed Disciplines on Domestic Regulation and whether they should be applied to the legal profession in the bar’s country.

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  State and Local Government Procurement

  Danielle M. Conway

  The magnitude of state and local government procurement is staggering, with annual spending by state and local government projected at nearly US$2 Trillion Dollars. Equally astounding is the degree to which state and local government procurement has become complex, dynamic, and constantly the focus of efforts at reform and transformation. Although facing a dynamic and changing landscape, the common mandate for government procurement is to timely meet user minimum needs with the delivery of best value products or services, while ensuring the highest standards of integrity in order to maintain the public’s trust and fulfilling state and local government public policy objectives. Thus, state and local government procurement professionals are faced with massive responsibilities to assist their departments and agencies in accomplishing their missions while simultaneously guarding expenditures of taxpayer dollars. The increased responsibilities shouldered by state and local government procurement professionals are, among other things, attributable to: the massive spending power controlled by state and local governments; the strategic uses of procurement to accomplish public policy goals and objectives; the federal government’s policy of passing more responsibilities to the States by imposing unfunded mandates; and the ever-present requirement to ensure their citizens have access to necessary and essential government services.

  This book is not the first to discuss state and local government procurement. Certain books focus on best practices to be followed by procurement professionals while others provide general outlines of state procurement codes and rules. Each of these books has a purpose and fills a definite need in the procurement community. This book, however, is the first to address comprehensively state and local government procurement law, policy, and best practices to provide the reader authoritative guidance in the identification and analysis of legal and policy standards for procurement actions in the context within which they arise. This book seeks to expand on both the 2000 Model Procurement Code and the 2007 Model Code for Public Infrastructure Procurement by presenting explanations of provisions in action as illustrated in court decisions and opinions, attorney general opinions, agency policy statements, and private organization commentary. This book is the first to provide detailed treatment of the theory, analysis, and best practice of state and local government procurement law and processes. This book strives to be comprehensive by discussing procurement topics from A-Z. For example, this book covers state and local fiscal issues in conjunction with procurement issues. In addition, it covers public private partnerships, acquisition planning, alternative dispute resolution, labor standards, and procurement of intellectual property, to name a few, which are routinely excluded from other manuscripts covering state and local procurement.

  This book is formatted to receive annual updates that will add to the already comprehensive treatment of the subject matter. This book offers more than mere citations to state codes and cases; rather, this book guides readers through the analysis and reasoning of specific topics and presents a firm analytic foundation for those who will need to perform more in depth research on any of the given procurement topics for their specific jurisdiction. This book will be useful to those who consider themselves procurement professionals and will be an indispensable resource as the work continues to be supplemented to address the evolution of the field of state and local government procurement.

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  The Handbook of Human Rights Investigation: A comprehensive guide to the investigation and documentation of violent human rights abuses

  Dermot Groome

  The Handbook of Human Rights Investigation is a comprehensive guide to the investigation and documentation of serious abuses of human rights and violations of international criminal law.

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  Pennsylvania Ethics Handbook

  Laurel S. Terry, Aims C. Coney Jr., and Thomas G. Wilkinson Jr.