Articles published in 2020
Law Faculty on our Scholarly Commons
Book Chapters Published in 2020
Juliet P. Kostritsky, Statutes and the Common Law of Contracts: A Shared Methodology in Contract Law and the Legislature (TT Arvid and Jenny Steele eds., 2020)
Contract Law and the Legislature by ISBN: 9781509926107Publication Date: 2020This volume revisits some of the key debates about the nature and shape of contract law, in light of the impact that statutes have had on its development. With contributions from leading contract law scholars, it fills a significant gap in existing theoretical and doctrinal analyses of contract law, which rely primarily on cases to put forward accounts of the general principles and structure of contract law. Statutory rules are, typically, seen as being specific instances of legal regulation that carve out exceptions to these general principles for specific reasons of policy. This treatment of these rules has resulted in an incomplete understanding of the nature of contract law and the principles that underpin it. By drawing specifically on contract statutes, the volume produces a more complete picture of modern contract law. A companion to the ground-breaking Tort Law and the Legislature- Common Law, Statute and the Dynamics of Legal Change (Hart Publishing, 2012) this collection will have a significant impact on the study of contract law.
Jonathan H. Adler, Our Federalism on Drugs in Marijuana Federalism: Uncle Sam and Mary Jane, 1 (Jonathan H. Adler ed., 2020).
Cassandra Burke Robertson, "Legal Advice for Marijuana Business Entities" in Marijuana Federalism: Uncle Sam and Mary Jane, 155 (Jonathan H. Adler ed., 2020).
Marijuana Federalism by Call Number: HV5825.M354 2020ISBN: 9780815737896Publication Date: 2020On marijuana, there is no mutual federal-state policy; will this cause federalism to go up in smoke? More than one-half the 50 states have legalized the use of marijuana at least for medical purposes, and about a dozen of those states have gone further, legalizing it for recreational use. Either step would have been almost inconceivable just a couple decades ago. But marijuana remains an illegal "controlled substance" under a 1970 federal law, so those who sell or grow it could still face federal prosecution. How can state and federal laws be in such conflict? And could federal law put the new state laws in jeopardy at some point? This book, an edited volume with contributions by highly regarded legal scholars and policy analysts, is the first detailed examination of these and other questions surrounding a highly unusual conflict between state and federal policies and laws. Marijuana Federalism surveys the constitutional issues that come into play with this conflict, as well as the policy questions related to law enforcement at the federal versus state levels. It also describes specific areas--such as banking regulations--in which federal law has particularly far-reaching effects. Readers will gain a greater understanding of federalism in general, including how the division of authority between the federal and state governments operates in the context of policy and legal disputes between the two levels. This book also will help inform debates as other states consider whether to jump on the bandwagon of marijuana legalization.
Jessica Wilen Berg, Patient Autonomy, Consent and Capacity: Children in Oxford Handbook of Comparative Heath Law (David Orentlicher and Tamara K. Hervery eds., 2020) (with Emma Cave)
Jessica Wilen Berg, Patient Autonomy, Consent and Capacity: Vulnerable Adults in Oxford Handbook of Comparative Heath Law (David Orentlicher and Tamara K. Hervery eds., 2020) (with Mary Donnelly)
Sharona Hoffman, Privacy and Integrity of Medical Records in Oxford Handbook of Comparative Heath Law (David Orentlicher and Tamara K. Hervery eds., 2020) (with Jean Herveg)
Maxwell J. Mehlman, Introduction to Genetics and the Law in Oxford Handbook of Comparative Heath Law (David Orentlicher and Tamara K. Hervery eds., 2020) (with Mette Hartlev and Sonia Suter)
Maxwell J. Mehlman, Genetics and the Law: United States in Oxford Handbook of Comparative Heath Law (David Orentlicher and Tamara K. Hervery eds., 2020) (with Sonia Suter)
Maxwell J. Mehlman, Genetics and the Law: Conclusion in Oxford Handbook of Comparative Heath Law (David Orentlicher and Tamara K. Hervery eds., 2020) (with Mette Hartlev and Sonia Suter)
Maxwell J. Mehlman, Ethical and Legal Implications of Advances in Genetics in Oxford Handbook of Comparative Heath Law, 919 (David Orentlicher and Tamara K. Hervery eds., 2020) (with Sonia Suter Mette Hartlev)
Oxford Handbook of Comparative Heath Law by Call Number: online accessISBN: 9780190846763Publication Date: 2020The Oxford Handbook of Comparative Health Law addresses some of the most critical issues facing scholars, legislators, and judges
Aaron K. Perzanowski, Resale Markets for Digital Music in Oxford Handbook of Music Law and Policy (Sean M. O'Connor ed., 2020)
Books Published in 2020
Courtroom Criminal Evidence (6th ed.) by Call Number: KF9662 .C68 2016ISBN: 9781522109181Publication Date: 2016 - (2020 annual supplement)Learn about the latest developments in evidence law, including evidentiary issues posed by fax and e-mail, scientific and polygraph evidence, and more.
Genetics: Ethics, Law, and Policy (5th ed) by Call Number: KF3827.G4A85 2020ISBN: 1642427691Publication Date: 2020This book covers the ethical, legal, and policy impact of human genetics across a broad range--from research ethics to medical malpractice law to forensics. It is perfect for an upper level law school, graduate, or undergraduate seminar or course. It addresses ethical, legal, and policy issues of contemporary significance, including the regulation of genetic research; medical applications including prenatal testing, pharmacogenomics, and gene therapy; intellectual property rights; and the use of genetic information by law enforcement, insurers, and employers. No scientific background on the part of the students or professor is required.
Giannelli Evidence (4th ed) by Call Number: KFO540.G52 2020ISBN: 9781731920751Publication Date: 2020From the publisher: "Evidence, 4th examines the Ohio Rules of Evidence, rule by rule. The text of each rule is presented, followed by expert commentary and discussion of how the rule has been interpreted and applied by the Ohio courts."
Giannelli Rules of Evidence Handbook (2020 ed.) by Call Number: KFO540.G53Publication Date: 2020From publisher: "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."
Katz & Giannelli Ohio Criminal Laws and Rules (2020 ed.) by Call Number: KFO561.A29O32Publication Date: 2020From 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..."
Marijuana Federalism by Call Number: HV5825.M354 2020ISBN: 0815737890Publication Date: 2020On marijuana, there is no mutual federal-state policy; will this cause federalism to go up in smoke? More than one-half the 50 states have legalized the use of marijuana at least for medical purposes, and about a dozen of those states have gone further, legalizing it for recreational use. Either step would have been almost inconceivable just a couple decades ago. But marijuana remains an illegal "controlled substance" under a 1970 federal law, so those who sell or grow it could still face federal prosecution. How can state and federal laws be in such conflict? And could federal law put the new state laws in jeopardy at some point? This book, an edited volume with contributions by highly regarded legal scholars and policy analysts, is the first detailed examination of these and other questions surrounding a highly unusual conflict between state and federal policies and laws. Marijuana Federalism surveys the constitutional issues that come into play with this conflict, as well as the policy questions related to law enforcement at the federal versus state levels. It also describes specific areas--such as banking regulations--in which federal law has particularly far-reaching effects. Readers will gain a greater understanding of federalism in general, including how the division of authority between the federal and state governments operates in the context of policy and legal disputes between the two levels. This book also will help inform debates as other states consider whether to jump on the bandwagon of marijuana legalization.
Ohio Arrest, Search and Seizure (2020 ed.) by Call Number: KFO576.K37ISBN: 9781539228394Publication Date: 2020From 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.."
Ohio School Law (2020-2021 ed.) by Call Number: KFO390.L48Publication Date: 2020From 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..."
Scientific Evidence (6th ed.) by Call Number: KF8961.G53 2020ISBN: 9781522197935Publication Date: 2020"Organized logically and written in clear terms for the active litigator, Scientific Evidence, Sixth Edition, covers rules and precedents relating to admissibility, constitutional limitations, discovery, expert testimony, laboratory reports, and chain of custody. It then analyzes the most frequently encountered scientific evidence and the latest developments in scientific evidence, such as the use of probabilistic genotyping software to analyze complex DNA samples, neuroscience, facial recognition, drugged driving testing, blockchain, and the use of liquid chromatography tandem mass spectrometry in drug testing."--
The Syrian Conflict's Impact on International Law by Call Number: KZ6795.S97S33 2020ISBN: 9781108491532Publication Date: 2020Written as the decade-long Syria conflict nears an end, this is the first book-length treatment of how the Syrian war has changed international law. In The Syrian Conflict's Impact on International Law, the authors explain the history of the current conflict in Syria and discuss the principles and process of customary international law formation and the phenomenon of accelerated formation of customary international law known as Grotian Moments. They then explore specific examples, including how use of force against ISIS in Syria has changed the law of self-defense against non-state actors, how the allied airstrikes in response to Syria's use of chemical weapons have changed the law of humanitarian intervention, and others. This book seeks to contribute both to understanding the concept of accelerated formation of customary international law and the specific ways the Syria conflict has led to development of new norms and principles in several areas of international law.
