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  Private Prosecution in America

  John Bessler

  Private Prosecution in America is the first comprehensive examination of a practice that dates back to the colonial era. Tracking its origins to medieval times and the English common law, the book shows how "private prosecutors" were once a mainstay of early American criminal procedure. Private prosecutors—acting on their own behalf, as next of kin, or through retained counsel—initiated prosecutions, presented evidence in court, and sought the punishment of offenders.

  Until the rise and professionalization of public prosecutors' offices, private prosecutors played a major role in the criminal justice system, including in capital cases. After conducting a 50-state survey and recounting how some locales still allow private prosecutions by interested parties, the book argues that such prosecutions violate defendants' constitutional rights and should be outlawed.

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  Uncounted

  Gilda R. Daniels

  An answer to the assault on voting rights—crucial reading in light of the 2020 presidential election

  The Voting Rights Act of 1965 is considered one of the most effective pieces of legislation the United States has ever passed. It enfranchised hundreds of thousands of voters, particularly in the American South, and drew attention to the problem of voter suppression. Yet in recent years there has been a continuous assault on access to the ballot box in the form of stricter voter ID requirements, meritless claims of rigged elections, and baseless accusations of voter fraud. In the past these efforts were aimed at eliminating African American voters from the rolls, and today, new laws seek to eliminate voters of color, the poor, and the elderly, groups that historically vote for the Democratic Party.

  Uncounted examines the phenomenon of disenfranchisement through the lens of history, race, law, and the democratic process. Gilda R. Daniels, who served as Deputy Chief in the United States Department of Justice Civil Rights Division and has more than two decades of voting rights experience, argues that voter suppression works in cycles, constantly adapting and finding new ways to hinder access for an exponentially growing minority population. She warns that a premeditated strategy of restrictive laws and deceptive practices has taken root and is eroding the very basis of American democracy—the right to vote!

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  Basic Legal Research: Tools & Strategies, Eighth Edition

  Amy E. Sloan

  This best-selling coursebook on legal research is known for its clear, step-by-step instruction in the basics. Using a building-block approach, Basic Legal Research: Tools and Strategies, Eighth Edition breaks material into discrete, readily comprehensible parts. Ideal as a course book or reference, this text emphasizes online research, with targeted coverage of print materials. Its comprehensive coverage and self-contained chapters offer flexibility to fit a variety of course structures. Useful pedagogy throughout the text includes end-of-chapter checklists, clear examples, and summary charts. Helpful sample pages and examples of research sources guide students through the presentation, and an accompanying workbook provides exercises to test comprehension and to apply legal research tools and strategies.

  New to the Eighth Edition:

  • Completely revised material throughout, providing thorough instruction in the latest features and functions of the main research platforms.
  • Updated coverage includes Westlaw, Lexis, and Bloomberg Law.
  • Instruction now fully oriented toward online research:
    • Early chapters address online search strategies and use sample searches to illustrate how to draft a word search.
    • Chapters on individual sources focus primarily on online search techniques while still incorporating targeted descriptions of print sources.
  • Citation explanations cover both the ALWD Guide to Legal Citation (7th ed.) and the Bluebook (21st ed.).
  • New material on citation literacy explains how citation formats communicate weight of authority.

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  Uncounted: The Crisis of Voter Suppression in America

  Gilda R. Daniels

  An answer to the assault on voting rights—crucial reading in advance of the 2020 presidential election
  
  The Voting Rights Act of 1965 is considered one of the most effective pieces of legislation the United States has ever passed. It enfranchised hundreds of thousands of voters, particularly in the American South, and drew attention to the problem of voter suppression. Yet in recent years there has been a continuous assault on access to the ballot box in the form of stricter voter ID requirements, meritless claims of rigged elections, and baseless accusations of voter fraud. In the past these efforts were aimed at eliminating African American voters from the rolls, and today, new laws seek to eliminate voters of color, the poor, and the elderly, groups that historically vote for the Democratic Party.
  
  Uncounted examines the phenomenon of disenfranchisement through the lens of history, race, law, and the democratic process. Gilda R. Daniels, who served as Deputy Chief in the United States Department of Justice Civil Rights Division and more than two decades of voting rights experience, argues that voter suppression works in cycles, constantly adapting and finding new ways to hinder access for an exponentially growing minority population. She warns that a premeditated strategy of restrictive laws and deceptive practices has taken root and is eroding the very basis of American democracy—the right to vote!

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  Ethical Problems in the Practice of Law, Fifth Edition

  Lisa Lerman, Philip G. Schrag, and Robert Rubinson

  This problem-based book reflects the authors’ broad range of teaching, clinical, and policy-making experience. Ethical Problems in the Practice of Law’s carefully crafted ethical problems challenge students to engage in a deep analysis and participate in lively class discussion.

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  Understanding Taxation of Business Entities, Second Edition

  Walter D. Schwidetzky and Fred B. Brown

  Understanding Taxation of Business Entities, from the Understanding Series, is now in its second edition. This book is designed primarily for use by law students taking a course on the taxation of business entities, or separate courses on partnership taxation and corporate taxation. It can be used as a supplemental text. But now it includes both a problem set and a teacher s manual, so it can be used as the main text for any of the three courses.

  The book is broken into parts on partnership taxation, C corporation taxation, and S corporation taxation. Each chapter contains a basic overview and a detailed discussion; this allows for an understanding of the big picture before diving into the details, and the basic overview alone may be sufficient for some introductory topics in taxation courses. For each type of business tax entity, the book covers its life cycle formation, operations, and liquidation along with reorganizations and divisions. The book is full of descriptions and analyses of the relevant Internal Revenue Code and Treasury Regulations provisions, summaries of leading cases and IRS rulings, and plenty of examples that apply the law to hypothetical situations.

  Understanding Taxation of Business Entities is designed primarily for law students, but it is also intended to be useful to practitioners, including generalists who need a relatively brief summary of a business entity tax topic, beginning lawyers who intend to specialize in partnership and corporate taxation or are working on an LL.M. in taxation, and experienced lawyers who wish to expand their practices into business entity taxation. The book would be similarly useful to accountants who are pursuing a master of science in taxation, as well as accountants practicing in the area of business entity taxation.

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  Researching the Law: Finding What You Need When You Need It, Third Edition

  Amy E. Sloan

  Researching the Law: Finding What You Need When You Need It, Third Edition, guides students through a decidedly contemporary approach to legal research. Widely respected author Amy E. Sloan presents legal research as a process of efficiently filtering a vast quantity of available information. Simply put, students learn how to locate and identify the most pertinent and authoritative information available with the greatest possible expedience. Sloan's clear, concise explanations of essential research sources are presented in a context that speaks to the way lawyers do research today, with a flexible approach that works in a rapidly changing research environment. Part I explains how to define a research question; pre-filter content before beginning a search; conduct research using a variety of search techniques; and establish post-search criteria for filtering results. Part II describes essential features of individual sources of authority and search strategies unique to each source. Part III contains research flowcharts to help students plan research strategy for different types of research projects.

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  Basic Legal Research Workbook Revised, Fifth Edition

  Amy E. Sloan, Steven D. Schwinn, and John D. Edwards

  With a balance of online and traditional print sources, the Fifth Edition of BASIC LEGAL RESEARCH WORKBOOK encourages independent, experiential learning. Proven effective in the classroom, the authors’ carefully developed problems gradually progress from introductory to more complex. Whether accompanying Amy Sloan’s BASIC LEGAL RESEARCH: TOOLS AND STRATEGIES, or any other legal research text, these exercises provide hands-on practice throughout the course that will serve students well in their careers as lawyers.

  Hallmarks of Basic Legal Research Workbook:

  • Coverage that mirrors the research sources studied in first-year Legal Research courses, including both online and print sources
  • A logical and intuitive organization • Research exercises presented at graduated levels of difficulty, from guided research to open research requiring more advanced research skills
  • Online research exercises with progressively more complex questions to instruct students on the latest interface features of commonly-used databases
  • Print assignments that can work in multiple jurisdictions, reducing the demand on single library sources
  • Companion website: www.aspenlawschool.com/books/sloan_workbook

  Building on its strengths, the timely Fifth Edition includes:

  • Flexible exercises that can be completed online or in print • Updated problem sets
  • Inclusion of Student Learning Outcomes that support formative and summative student assessment
  • Updated exercises that reflect the latest versions of Westlaw and Lexis
  • Questions that introduce students to Bloomberg Law and the latest government websites (e.g., govinfo.gov)

  Hallmarks of Basic Legal Research Workbook:

  • Coverage that mirrors the research sources studied in first-year Legal Research courses, including both print and electronic sources
  • A logical and intuitive organization
  • Library exercises, presented at graduating levels of difficulty, from basic searches to those requiring more advanced research skills
  • Print assignments that can work in multiple jurisdictions, reducing the demand on single library sources

  Building on its strengths, the timely Revised Fourth Edition includes updated electronic research exercises that progressively instruct students on the latest interface features from WestlawNext and Lexis Advance.

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  Representing Children in Dependency and Family Court: Beyond the Law

  Rebecca Stahl and Philip M. Stahl

  Representing Children in Dependency and Family Court: Beyond the Law is a unique family law resource that focuses on the real-world issues that are central for working with child clients in dependency and family court settings. The authors – a board-certified psychologist who has worked with children since the mid-1980s, and an attorney who almost exclusively represents children in dependency court matters – recognize that professionals who represent children in these settings must understand all aspects of the case: the children themselves, the system in which they are engaged, the services available to them, the schools they attend, their ethnic and cultural issues, their special needs, the legal issues they face outside of family and juvenile courts, and more. In addition, lawyers need to take into account the diverse issues faced by the parents with whom they live. While some children's representatives work exclusively in this area and want to delve more deeply into the issues of family dynamics examined in this book, this is also a useful resource for those who work with children's cases less frequently or are just beginning in the area and have had limited or no exposure to these issues. This clearly written and logical guide is an informed resource accessible to professionals at any level of experience.

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  The Value and Purpose of Law: Essays in Honor of M. N. S. Sellers

  Colin Starger and Joshua Kassner

  This book reveals and discusses the foundations of law and justice. Fifteen leading lawyers and philosophers of law, representing thirteen nations and fifteen different philosophical schools examine the value and purpose of law, and the nature and requirements of law and justice. Some of the world's most learned and provocative legal scholars address the ultimate questions of legal and social philosophy from all angles and the broadest possible perspective, with special reference to the work of Mortimer Newlin Stead Sellers, and the republican, liberal, and analytical schools of legal thought.

  The conclusions reached here are not fully unanimous, congruent or conclusive, but they represent the pinnacle of legal scholarship as it exists today and furnish the necessary basis for any future study of law, justice, or the ultimate requirements of just, effective and legitimate law and society.

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  The Death Penalty as Torture: From the Dark Ages to Abolition

  John Bessler

  During the Dark Ages and the Renaissance, Europe’s monarchs often resorted to torture and executions. The pain inflicted by instruments of torture—from the thumbscrew and the rack to the Inquisition’s tools of torment—was eclipsed only by horrific methods of execution, from breaking on the wheel and crucifixion to drawing and quartering and burning at the stake. The English “Bloody Code” made more than 200 crimes punishable by death, and judicial torture—expressly authorized by law and used to extract confessions—permeated continental European legal systems. Judges regularly imposed death sentences and other harsh corporal punishments, from the stocks and the pillory, to branding and ear cropping, to lashes at public whipping posts.

  In the Enlightenment, jurists and writers questioned the efficacy of torture and capital punishment. In 1764, the Italian philosopher Cesare Beccaria—the father of the world’s anti–death penalty movement—condemned both practices. And Montesquieu, like Beccaria and others, concluded that any punishment that goes beyond absolute necessity is tyrannical. Traditionally, torture and executions have been viewed in separate legal silos, with countries renouncing acts of torture while simultaneously using capital punishment. The UN Convention Against Torture strictly prohibits physical or psychological torture; not even war or threat of war can be invoked to justify it. But under the guise of “lawful sanctions,” some countries continue to carry out executions even though they bear the indicia of torture.

  In The Death Penalty as Torture, Prof. John Bessler argues that death sentences and executions are medieval relics. In a world in which “mock” or simulated executions, as well as a host of other non-lethal acts, are already considered to be torturous, he contends that death sentences and executions should be classified under the rubric of torture. Unlike in the Middle Ages, penitentiaries—one of the products of the Enlightenment—now exist throughout the globe to house violent offenders. With the rise of life without parole sentences, and with more than four of five nations no longer using executions, The Death Penalty as Torture calls for the recognition of a peremptory, international law norm against the death penalty’s use.

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  Lawyers, Clients & Narrative: A Framework for Law Students and Practitioners

  Carolyn Grose and Margaret E. Johnson

  This book is a new primary text for use by the full panoply of experiential courses, including clinical, externship, legal writing, practical, interviewing, negotiation, counseling, and trial/appellate advocacy. Using multimedia examples, including the podcast Serial, as well as exercises drawn from actual lawyering situations, this book describes, explores, and analyzes narrative as a pedagogy of lawyering. The book addresses the broad spectrum of skills and practice areas and fora that the profession increasingly demands.

  This is a comprehensive book for using narrative, stories, and storytelling to develop more fully and effectively as a lawyer. The book provides the theory and information for planning for, conducting, and reflecting on various lawyering activities. In addition, the authors make the teaching relatable and transferable to a variety of contexts by using concrete examples drawn from their own extensive practice, writing, and teaching using lawyering and narrative.

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  Defending Truth: The Quest for Honesty about Jews and Israel

  Kenneth Lasson

  The quest for truth has long been central to Western civilization and the academic enterprise, a prerequisite for honest discourse about ethics, law, and social order. So too have the problems and paradoxes of antisemitism persisted through the ages – as has the notion that they are endemic to the human condition and have been around for so long it is fruitless to fight them. But the countervailing urge to understand and explain the scourge of racial hatred and anti-Zionism, as well as the conviction that they can be substantially eradicated by sowing truth and honesty, likewise remains strong among freedom-loving people everywhere. DEFENDING TRUTH focuses on three areas that reflect the demonization of Jews and Israel over the past century: the continuing phenomenon of Holocaust denial, entrenched media bias in Mideast reporting, and the current worldwide effort to impose boycotts, divestment, and sanctions against Israeli academic, business, and state enterprises. By describing in detail the use of Big Lies and purposeful distortions to accomplish those ends, this book engages the difficult but necessary pursuit of an answer to the eternal query, how best can Truth be defended?

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  Sacred Cows, Holy Wars: Verities and Vagaries in Deciding What's Kosher and What's Not

  Kenneth Lasson

  All religions have their sacred cows and holy wars. None are more colorful or intriguing than what goes on in the burgeoning world of kosher food supervision. This book tells a colorful tale of religion, politics, and filthy lucre to present a spellbinding picture of canons and curiosities as well as a sobering examination of the limitations of law, the vagaries of religious disputes, and the verities of business ethics. From intrigues in the abattoirs to brawls in the boardrooms and shenanigans in the supermarkets, here is a compelling chronicle that should be of interest to readers regardless of their faiths or food preferences.

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  Law, Reason, and Emotion

  Mortimer N.S. Sellers

  This book examines the role and importance of reason and emotion in justice and the law. Eight lawyers and philosophers of law consider law's basis in the universal human need for society, our innate sense of justice, and many other powerful inclinations and emotions, including the desire for fairness and even for law itself. Human beings are deeply social creatures, inspired by social and other emotions, which can ennoble, support, or undermine the law. Law gains legitimacy and effectiveness when reason recognizes and embraces human emotions for the benefit of society as a whole. This volume explores the power and purposes of reason and emotion in the law.

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  Against the Death Penalty

  Stephen Breyer and John Bessler

  A landmark dissenting opinion arguing against the death penalty.
  
  Does the death penalty violate the Constitution? In Against the Death Penalty, Justice Stephen Breyer argues that it does; that it is carried out unfairly and inconsistently and, thus, violates the ban on "cruel and unusual punishments" specified by the Eighth Amendment to the Constitution.
  
  “Today’s administration of the death penalty,” Breyer writes, “involves three fundamental constitutional defects: (1) serious unreliability, (2) arbitrariness in application, and (3) unconscionably long delays that undermine the death penalty’s penological purpose. Perhaps as a result, (4) most places within the United States have abandoned its use.”
  
  This volume contains Breyer's dissent in the case of Glossip v. Gross, which involved an unsuccessful challenge to Oklahoma's use of a lethal-injection drug because it might cause severe pain. Justice Breyer's legal citations have been edited to make them understandable to a general audience, but the text retains the full force of his powerful argument that the time has come for the Supreme Court to revisit the constitutionality of the death penalty.
  
  Breyer was joined in his dissent from the bench by Justice Ruth Bader Ginsburg. Their passionate argument has been cited by many legal experts including fellow Justice Antonin Scalia—as signaling an eventual Court ruling striking down the death penalty. A similar dissent in 1963 by Breyer's mentor, Justice Arthur J. Goldberg, helped set the stage for a later ruling, imposing what turned out to be a four-year moratorium on executions.

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  The Poverty Industry: The Exploitation of America's Most Vulnerable Citizens

  Daniel L. Hatcher

  Government aid doesn’t always go where it’s supposed to. Foster care agencies team up with companies to take disability and survivor benefits from abused and neglected children. States and their revenue consultants use illusory schemes to siphon Medicaid funds intended for children and the poor into general state coffers. Child support payments for foster children and families on public assistance are converted into government revenue. And the poverty industry keeps expanding, leaving us with nursing homes and juvenile detention centers that sedate residents to reduce costs and maximize profit, local governments buying nursing homes to take the facilities’ federal aid while the elderly languish with poor care, and counties hiring companies to mine the poor for additional funds in modern day debtor’s prisons. In The Poverty Industry, Daniel L. Hatcher shows us how state governments and their private industry partners are profiting from the social safety net, turning America’s most vulnerable populations into sources of revenue. The poverty industry is stealing billions in federal aid and other funds from impoverished families, abused and neglected children, and the disabled and elderly poor. As policy experts across the political spectrum debate how to best structure government assistance programs, a massive siphoning of the safety net is occurring behind the scenes.In the face of these abuses of power, Hatcher offers a road map for reforms to realign the practices of human service agencies with their intended purpose, to prevent the misuse of public taxpayer dollars, and to ensure that government aid truly gets to those in need.

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  The Polarized Congress: The Post-Traditional Procedure of Its Current Struggles

  Charles Tiefer

  The Polarized Congress: The Post-Traditional Procedure of Its Current Struggles argues that the rise of the polarized Congress means a totally different Congressional procedure, especially after 2007, compared to the accustomed "traditional" one. Polarized Congress explores a host of lesser-known, even sometimes below the radar, aspects of the post-traditional or polarized model. These range from "ping-ponging" of major measures between chambers (without conferencing), to the Senate Majority Leader's new "toolkit". They go from the now-crucial "Hastert Rule" in the House, to the astonishment of legislating the Affordable Care Act by singular procedures including budget reconciliation. The book challenges the easy assumption, especially by the non-specialist press, that Congressional procedure is descending into nothing more than chaotic brutishness or eternal stalemate. Instead, it explains the transformation of the traditional model about "how a bill becomes a law" before 2000, into the new current model in which Congress acts very differently.

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  Genius for Justice: Charles Hamilton Houston and the Reform of American Law

  José F. Anderson

  This title has not yet been released.

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  Race Law: Cases, Commentary, and Questions, Fourth Edition

  F. Michael Higginbotham

  Maintaining the easily readable style and tightly organized structure of the earlier editions, the fourth edition of Race Law provides an in-depth examination of the issue of race and values in the American legal process, from the formation of the United States Constitution in 1787 to the present. This book covers a unique blend of original source materials and scholarly analysis, including historical background information, legislation, judicial decisions, congressional hearings, commentary, biographical information, and questions. Fully revised and updated, it offers important new material on citizenship, immigration, politics, criminal justice, affirmative action, and voting rights, and important new cases such as Fisher v. University of Texas, Schuette v. Coalition to Defend Affirmative Action, and Shelby County v. Holder.

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  Whistleblowing: The Law of Retaliatory Discharge, Third Edition

  Nancy M. Modesitt, Janie F. Schulman, and Daniel P. Westman

  The Third Edition contains a new chapter that provides an overview of federal laws containing whistleblower protection. This chapter not only outlines the subjects on which whistleblowers in the private sector receive protection under federal law, but also explains burdens of proof in whistleblowing claims brought pursuant to federal statutes. A new section examines the increasing number of state statutes that contain whistleblower protections for employees who disclose wrongful behavior on particular topics (such as abuse of patients in nursing homes).

  The Third Edition includes discussions of:

  • Lawson v. FMR LLC, in which the Supreme Court held that employees of private contractors and subcontractors of public companies are protected by the Sarbanes-Oxley Act’s whistleblower provisions.

  • University of Texas Southwestern Medical Center v. Nassar, in which the Supreme Court held that a Title VII retaliation plaintiff must prove that “his or her protected activity was a but-for cause of the alleged adverse action by the employer.” The Third Edition explains how this case is likely to affect retaliation claims under various federal and state whistleblower protection statutes.

  • Lane v. Franks, in which the Supreme Court held that the “First Amendment protects a public employee who provides truthful sworn testimony, compelled by subpoena, outside the scope of his ordinary job duties.” This is the first Supreme Court case that has explained the Garcettilimitation on whistleblowing claims that allege infringement on government employees’ First Amendment rights.

  Additionally, the Third Edition includes updated material on recent DOL ARB decisions and outlines the revised OSHA investigations manual governing whistleblowing complaints filed with the DOL.

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  Family Mediation: Theory and Practice, Second Edition

  Jane C. Murphy and Robert Rubinson

  The new edition of Family Mediation: Theory and Practice incorporates the many new developments in the field since its original publication in 2009. This edition includes a new chapter, “Unrepresented Parties and Mediation”, exploring the impact of the vast number of pro se litigants on the family mediation process. Another new chapter, “Beyond Mediation: Collaborative Practice and Other Forms of ADR in Family Law”, reflects the expanding options for family dispute resolution since our first edition. The new edition also includes an updated and expanded statutory appendix featuring representative changes in court based mediation rules and statutes, including new approaches to courts’ treatment of domestic violence cases in family mediation as well as new rules on confidentiality and mediator qualifications and training. The remaining chapters are wholly revised and updated, including additional materials on mediating financial issues, domestic violence and mediation, mediator neutrality, and power differentials. A teacher’s manual with new seminar plans, exam questions and role plays will be available in September, 2015. - See more at: http://www.lexisnexis.com/store/catalog/booktemplate/productdetail.jsp?pageName=relatedProducts&prodId=prod12320328#sthash.Hf1i9Sl8.dpuf

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  Divorced from Reality: Rethinking Family Dispute Resolution

  Jane C. Murphy and Jana B. Singer

  Over the past thirty years, there has been a dramatic shift in the way the legal system approaches and resolves family disputes. Traditionally, family law dispute resolution was based on an “adversary” system: two parties and their advocates stood before a judge who determined which party was at fault in a divorce and who would be awarded the rights in a custody dispute. Now, many family courts are opting for a “problem-solving” model in which courts attempt to resolve both legal and non-legal issues. At the same time, American families have changed dramatically. Divorce rates have leveled off and begun to drop, while the number of children born and raised outside of marriage has increased sharply. Fathers are more likely to seek an active role in their children’s lives. While this enhanced paternal involvement benefits children, it also increases the likelihood of disputes between parents. As a result, the families who seek legal dispute resolution have become more diverse and their legal situations more complex. In Divorced from Reality, Jane C. Murphy and Jana B. Singer argue that the current "problem solving" model fails to address the realities of today's families. The authors suggest that while today’s dispute resolution regime may represent an improvement over its more adversary predecessor, it is built largely around the model of a divorcing nuclear family with lawyers representing all parties—a model that fits poorly with the realities of today's disputing families. To serve the families it is meant to help, the legal system must adapt and reshape itself.

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  The Watergate Conspiracy Conviction and Appeal of Assistant Attorney General Robert Mardian

  Arnold Rochvarg

  Robert Mardian was the Assistant Attorney General for Internal Security during President Nixon's first term. In this role, he was involved in many controversial matters including the Pentagon Papers case. Mardian was convicted along with former Attorney General John Mitchell, and Nixon White House aides John Ehrlichman and H.R. "Bob" Haldeman of conspiracy to obstruct justice at the Watergate conspiracy trial held before Judge John Sirica. Arnold Rochvarg, the author of this book, was a member of the legal defense team for the appeal of Mardian's conviction. This book is extremely helpful to learn about the Watergate scandal. Watergate led to prison terms for many of Nixon's closest associates and to Nixon's resignation as President. The book explains (1) the planning of the break-in of the Democratic National Committee headquarters at the Watergate office complex by John Mitchell, White House Counsel John Dean, and White House aides Jeb Magruder and Gordon Liddy; (2) the actual break-in involving ex- CIA operative and White House aide Howard Hunt, several of Hunt's former CIA associates from the Bay of Pigs invasion, and Nixon campaign security chief James McCord; (3) the attempts to deny that those arrested at the Watergate had any connection with the Nixon re-election campaign including payments of hush money, offers of clemency, destruction of documents, perjury before the grand jury, and attempts to have the CIA take responsibility to halt the FBI investigation; (4) the convictions of the original burglars without the true facts becoming public until James McCord informed Judge Sirica that "higher-ups" were responsible;(5) the guilty pleas and cooperation with the prosecution by some of the major participants including John Dean and Jeb Magruder; (6) the indictments of seven former Nixon administration officials for crimes including conspiracy, obstruction of justice and perjury; (7) the conspiracy trial of five defendants before Judge John Sirica after one of the seven defendants pleaded guilty and another was granted a separate trial; (8) the guilty verdicts for four of the five defendants; (9) the appeals of the four defendants convicted at the conspiracy trial; and (10) significant events that occurred after all Watergate legal proceedings had ended. This book pays special attention to the facts presented at trial involving Robert Mardian because of all the convicted defendants, Mardian was the only defendant who presented a strong defense and whose guilt was truly in doubt.The book's detailed analysis of the facts relating to Mardian present a close look at the evidence presented at trial, and raise questions as to the validity of the jury's guilty verdict. The book then discusses the legal issues involved in Mardian's appeal including the use of the White House tapes against Mardian, and Mardian's defense that he was "only acting as a lawyer." The appeals court opinion which reversed Mardian's conviction is presented, as well as his lawyers' efforts to avoid a retrial. This book is unique in several ways. Unlike most other books on Watergate, this book is written from the defense perspective by a former member of Mardian's defense team. Moreover, included are transcripts of closed court hearings. Additionally, before his death, Mardian provided his legal team with personal notes of a conversation he had with Richard Nixon a few years after Watergate in which Nixon gave his opinion not only on Watergate, but other matters including Jimmy Carter, the media, and foreign policy. The book also contains discussions of the "lawyering" of the Watergate case including decisions involving legal strategy, and correspondence with the Watergate Special Prosecutor's office. This book contains a wealth of information which should be of great interest not only to Watergate "buffs," but also those with an interest in American history, legal history, criminal law, the legal profession, and the legacy of Richard Nixon.

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  Understanding Taxation of Business Entities

  Walter D. Schwidetzky and Fred B. Brown

  Understanding Taxation of Business Entities is new to the LexisNexis Understanding Series. This book is designed primarily for use by law students taking a course on the taxation of business entities, or separate courses on partnership taxation and corporate taxation. The book is broken into parts on partnership taxation, C corporation taxation, and S corporation taxation. Each chapter contains a basic overview and a detailed analysis ; this allows for an understanding of the big picture before diving into the details, and the basic overview alone may be sufficient for some topics that may be covered lightly in a business entity taxation course. For each type of business tax entity, the book covers its life cycle — formation, operations, and liquidation — along with reorganizations and divisions for corporations. The book is replete with descriptions and analyses of the relevant Internal Revenue Code and Treasury Regulations provisions, summaries of leading cases and IRS rulings, and plenty of examples that apply the law to hypothetical situations. Understanding Taxation of Business Entities is designed primarily for law students, but it is also intended to be useful to practitioners, including generalists who need a relatively brief summary of a business entity tax topic, beginning lawyers who intend to specialize in partnership and corporate taxation and / or are working on an LL.M. in taxation, and experienced lawyers who wish to expand their practices into business entity taxation. The book similarly would be useful to accountants who are pursuing a master of science in taxation, as well as accountants practicing in the area of business entity taxation. - See more at: http://www.lexisnexis.com/store/catalog/booktemplate/productdetail.jsp?prodId=prod21830350