2019 Books

Law School Legends on Intellectual Property

Gary Myers


Law School Legends on Intellectual Property focuses on one of the most vibrant and important areas of the law. Intellectual property law offers legal protection for creative efforts by artists, musicians, moviemakers, architects, inventors, advertisers, brand developers, and more. This book surveys the entire field of Intellectual Property — copyrights, patents, trademarks, trade secrets, the right of publicity, and other laws that are relevant to this timely topic. The audio book approaches the central issues in a conversational style, focusing on all of the key questions that are on Intellectual Property exams:

  • what is protected and what is not
  • who owns the rights
  • how the rights may be infringed
  • defenses and limits on the rights, and
  • remedies for Intellectual Property violations
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Sexual Harassment Law: History, Cases, and Practice

Rigel Oliveri

Sexual Harassment Law: History, Cases, and Practice is the only comprehensive textbook covering the origins and development of U.S. sexual harassment law in employment, education, housing, prisons, and the military. Beginning with the first sexual harassment cases in the early 1970s and extending through the contemporary #MeToo movement, this book examines statutory law, federal regulations, case law, and legal reasoning. In addition to a careful analysis of relevant law, this textbook reviews topics such as street harassment, online harassment, extra-legal responses to misconduct, mandatory arbitration, and nondisclosure agreements.

The text also examines media coverage and public discourse on sexual harassment, from the 1991 Anita Hill/Clarence Thomas hearings to the 2018 Blasey-Ford/Kavanaugh hearings. Focusing on how the intersections of gender, race, class, and citizenship status shape people’s experience of sexual harassment, the book considers how institutional power enables sex-based harassment and creates barriers to legal relief. Accessible to law students as well as undergraduate students, the book considers the effectiveness of laws against sex-based harassment and reviews current proposals to strengthen these laws by expanding coverage and closing loopholes.


Disestablishment and Religious Dissent: Church-State Relations in the New American States, 1776-1833

Carl H. Esbeck

On May 10, 1776, the Second Continental Congress sitting in Philadelphia adopted a Resolution which set in motion a round of constitution making in the colonies, several of which soon declared themselves sovereign states and severed all remaining ties to the British Crown. In forming these written constitutions, the delegates to the state conventions were forced to address the issue of church-state relations. Each colony had unique and differing
traditions of church-state relations rooted in the colony’s peoples, their country of origin, and religion.

This definitive volume, comprising twenty-one original essays by eminent historians and political scientists, is a comprehensive state-by-state account of disestablishment in the original thirteen states, as well as a look at similar events in the soon-to-be-admitted states of Vermont, Tennessee, and Kentucky. Also considered are disestablishment in Ohio (the first state admitted from the Northwest Territory), Louisiana and Missouri (the first states admitted from the Louisiana Purchase), and Florida (wrestled from Spain under U.S. pressure). The volume makes a unique scholarly contribution by recounting in detail the process of disestablishment in each of the colonies, as well as religion’s constitutional and legal place in the new states of the federal republic.


High Crimes and Misdemeanors: A History of Impeachment for the Age of Trump

Frank O. Bowman III

For the third time in forty-five years, America is talking about impeaching a president, but the impeachment provisions of the American constitution are widely misunderstood. In High Crimes and Misdemeanors, constitutional scholar Frank O. Bowman, III offers unprecedented clarity to the question of impeachment, tracing its roots to medieval England through its adoption in the Constitution and 250 years of the American experience. By examining the human and political history of those who have faced impeachment, Bowman demonstrates that the Framers intended impeachment to be a flexible tool, adaptable to the needs of any age. Written in a lively, engaging style, the book combines a deep historical and constitutional analysis of the impeachment clauses, a coherent theory of when impeachment should be used to protect constitutional order against presidential misconduct, and a comprehensive presentation of the case for and against the impeachment of President Trump. It is an indispensable work for the present moment.


The Pursuit of Happiness in the Founding Era: An Intellectual History (Studies in Constitutional Democracy)

Carli Conklin

Scholars have long debated the meaning of the pursuit of happiness, yet have tended to define it narrowly, focusing on a single intellectual tradition, and on the use of the term within a single text, the Declaration of Independence. In this insightful volume, Carli Conklin considers the pursuit of happiness across a variety of intellectual traditions and explores its usage in two key legal texts of the Founding Era, the Declaration and William Blackstone’s Commentaries on the Laws of England.

For Blackstone, the pursuit of happiness was a science of jurisprudence, by which his students could know, and then rightly apply, the first principles of the Common Law. For the founders, the pursuit of happiness was the individual right to pursue a life lived in harmony with the law of nature and a public duty to govern in accordance with that law. Both applications suggest we consider anew how the phrase, and its underlying legal philosophies, were understood in the founding era. With this work, Conklin makes important contributions to the fields of early American intellectual and legal history.