Selected Study Aids for Fall 2023 Take Home Exams

Previously we looked at selected study aids for the first and second week of Fall 2023 exams. This blog post looks at selected study aids for the exams scheduled as a take-home this semester.

Study Spaces

Looking for a place to study? Reserve a study room through TWEN (maximum of 4-hours per individual per day) or study in the carrels in the basement, the second floor Law Library Reading Room, the fourth floor Quiet Reading Room, or the open seating on the fifth floor.

Study Breaks

When you’re ready for a short break or need to decompress, the Law Library offers puzzles and coloring pages and colored pencils in room 110, the Law Library Services Suite (use your ID to swipe in before 8am and after 6 pm).

Health Care Law

Selected Study Aids for Help in Understanding Healthcare Law

Health Law (Hornbook)

Available via the West Academic study aid subscription, this text presents an up-to-date overview of health law as it affects the professionals, institutions, and entities that deliver and finance health care in the United States. It considers the law’s response to quality and error through institutional and professional regulation, and malpractice litigation against professionals, hospitals, and managed care organizations. It surveys tax, corporate, and organizational issues. It explores the government’s efforts to control costs and expand access through Medicare and Medicaid. It examines government attempts to police anticompetitive activities, fraud, and abuse. It considers the legal and ethical issues involving death, human reproduction, medical treatment decision making, and medical research. The Affordable Care Act, HIPAA, HITECH, and other new statutory and regulatory changes of the past few years are thoroughly incorporated in all aspects of the legal discussion.

Health Care Law and Ethics in a Nutshell

Available via the West Academic study aid subscription, this text covers public policy responses to escalating medical costs and constrained access pose fundamental challenges to health care law. Profound medical advances also generate many ethical dilemmas. This authoritative discussion considers how law and ethics respond to these driving social, economic, and political forces of innovation, crisis and reform. Topics include health insurance reform, health care finance and delivery structures, treatment relationships, facility and insurance regulation, corporate and tax law, refusal of life support, organ donation, and reproductive technologies.

Medical Liability in a Nutshell

Available via the West Academic study aid subscription, this Nutshell offers insight on establishing professional relationships and examines negligence-based claims, intentional torts, causation, damages, affirmative defenses, limitations, immunities, and liabilities. It also provides an overview of medical care liability issues affecting hospitals and managed care organizations.

More Study Aids on Healthcare Law

Information Privacy Law

Selected Study Aids for Help Understanding Information Privacy Law

Cybersecurity Law (Hornbook)

Available via the West Academic study aid subscription, this book provides a relatively comprehensive examination of cybersecurity related laws. The book outlines and details the U.S. federal sectoral approach to cybersecurity, such as covering the Gramm-Leach-Bliley Act and regulations, and the Health Insurance Portability and Accountability Act Security Rule, as well as an examination of state laws impacting cybersecurity, such as data breach notification, privacy and state education laws. International issues as well as specific topics such as ransomware and the Internet of things are addressed. Notably, the book provides a review of the role of the cybersecurity professional, risk assessment as well as the National Institute of Standards and Technology (NIST) risk assessment framework, and laws related to hacking.

Global Internet Law (Hornbook)

Available via the West Academic study aid subscription, this book provides law students with a comprehensive examination of the latest case law and statutory developments. Each chapter is a detailed examination of cases, statutes, industry standards, norms, as well as leading academic commentaries. While the emphasis is on U.S. developments, each chapter compares U.S. to EU regulations, directives, and conventions, as well as other cross-border Internet law developments from diverse legal systems around the world. This Hornbook comprehensively examines Internet technologies, Internet governance, private international law (jurisdiction, choice of law, forum selection and enforcement of judgment), online contacts (mass market, cloud computing service level agreements, social media terms of use software licensing, and e-commerce terms of service), global consumer protection in cyberspace (FTC, state and foreign developments), global Internet torts (including CDA Section 230 developments, Internet security, information torts, and negligent enablement), Internet-related privacy (including the EU Data Directive) global cybercrimes (including state, federal and international developments), privacy (including extensive coverage of The General Data Protection Regulation and the Right To Be Forgotten), content regulations (U.S. vs. European Union), copyrights in cyberspace, trademarks and domain names, Internet-related trade secrets and patent law developments.

Privacy Law in a Nutshell

Available via the West Academic study aid subscription, this book briefly reviews the historical roots of privacy, and then examines each of these U.S. privacy statutes and regulations. Virtually all governments and businesses face privacy considerations as technology continues to evolve. Legal issues related to privacy are exploding on the U.S. legal scene. The EU has a long history of a strong regulatory privacy regime. The U. S., however, follows a sectoral approach to privacy, whereby Congress responds to each privacy “crisis” with a new statute and set of regulations. This sectoral approach has resulted in a unique series of privacy rules for different areas of society. The Privacy Nutshell is an excellent introductory guide to the legal privacy world.

More Study Aids for Information Privacy Law

International Commercial Arbitration

Selected Study Aids for Help in Understanding International Commercial Arbitration

International Commercial Arbitration in a Nutshell

Available via the West Academic study aid subscription, this is a 1st edition of a Nutshell on an exceptionally topical subject. International Commercial Arbitration is a flourishing alternative to the litigation of transnational disputes in domestic courts. Unlike other subjects, it must deal with two interlocking international dispute resolution regimes: the complex international arbitral regime itself, together with the important role of courts in enforcing arbitration agreement, intervening in an ongoing arbitration, and conducting judicial review of the eventual awards.

Principles of International Litigation and Arbitration (Concise Hornbook)

Available via the West Academic study aid subscription, this text’s coverage commences with international dispute settlement Alternatives and Fundamentals, including Choice of Law, Choice of Forum and Forum Non Conveniens issues. Chapters 3 and 4 focus on International Commercial Arbitration and Foreign Investment Arbitration. International Business Litigation is examined in five chapters: Jurisdiction, Procedure, Sovereign Defenses, Enforcement of Judgments and the EU Litigation System. Chapter 10 finishes with Intergovernmental Trade Dispute Settlement. Principles of International Litigation and Arbitration, 2d contains considerable depth, analysis, citations and related documents.

Transnational Civil Litigation (Concepts & Insights)

Available via the West Academic study aid subscription, this text on transnational civil litigation organizes the subject around three basic concepts: national sovereignty, individual rights, and political accountability. After highlighting the unique problems of litigation across national boundaries, the book explores the essential role of individual rights, especially due process and substantive human rights. It then examines the role of the political branches of government in enacting the statutes and treaties that govern transnational litigation. These three concepts play out in the following chapters: Introductory chapters on jurisdiction in three different senses: personal jurisdiction; prescriptive jurisdiction (especially extraterritoriality); and federal subject-matter jurisdiction. A chapter on foreign sovereigns as litigants, concerned with sovereign immunity and the act of state doctrine. Two chapters on procedure in pending cases, one on service of process and discovery, and another on parallel proceedings, concerned with forum non conveniens, stays, and anti-suit injunctions. Two final chapters addressed to the resolution of disputes, through recognition of foreign judgments and enforcement of arbitration agreements and awards.

More International Arbitration Study Aids

Law & Regulation of Blockchain

Selected Study Aids for Help Understanding the Law & Regulation of Blockchain

Fintech Law in a Nutshell

Available via the West Academic study aid subscription, this Nutshell provides an overview of some the key developments reshaping finance — and the rules deployed to oversee them. Technology is redefining financial services—including the way actors make and settle payments, raise capital, extend loans, and memorialize increasingly complex relationships. At the same time, new innovations—from cryptocurrencies to marketplace lending, robo-advising, and mobile payments—are creating novel regulatory issues for anti-money laundering requirements and cybersecurity.

Global Internet Law (Hornbook)

A Short and Happy Guide to Bitcoin, Blockchain, and Crypto

Available via the West Academic study aid subscription, this book gives students an introduction to what has become the most valuable innovation of the 21st century. It also offers a handy field guide to blockchain technologies and crypto, so readers can better understand their functions, as well as the market and regulatory challenges they face. Among the topics covered are: (1) tasks blockchains perform better than existing systems; (2) practical, technological, and regulatory issues that must be overcome before widespread adoption; (3) how crypto became a $250 billion asset class in just ten years; and (4) the legal and regulatory treatment of blockchain technologies and crypto.

More Study Aids for Law & Regulation of Blockchain

Mental Health Law I

Selected Study Aids for Help in Understanding Mental Health Law

Disability Law and Policy (Concepts & Insights)

Available via the West Academic study aid subscription, this text provides an overview of the major themes and insights in disability law. It is also a compelling compendium of stories about how our legal system has responded to the needs of impacted individuals. The year 2020 marks the thirtieth anniversary of the Americans with Disabilities Act. During the past three decades, disability law and policy, including the law of the ADA itself, have evolved dramatically in the United States and internationally. Walls of inaccessibility, exclusion, segregation, stigma, and discrimination have been torn down, often brick-by-brick. But the work continues, many times led by advocates who have never known a world without the ADA and are now building on the efforts of those who came before them.

Mental Health Law in a Nutshell

Available via the West Academic study aid subscription, this Nutshell introduces you to the broad range of criminal and civil issues in mental health law, including diagnosis of mental illness; expert testimony on mental health issues; civil commitment; competence to stand trial; the insanity defense; various competencies; ethical/legal issues facing mental health professionals, including informed consent, confidentiality, privilege, and malpractice; discrimination against persons with mental illness; financial and medical benefits for disabled persons.

Understanding Disability Law

Available via LexisNexis Digital Library study aid subscription, Understanding Disability Law discusses important statutory and constitutional issues relating to disability discrimination. It includes an analysis of the Fourteenth Amendment, the Americans with Disabilities Act, section 504 of the Rehabilitation Act, the Individuals with Disabilities Education Act, the Fair Housing Act Amendments, and other laws, as they relate to controversial issues of disability rights. The book discusses the leading cases on each of the major topics of disability law, and suggests ways of thinking about unresolved questions and debates over legal policy. It covers Constitutional law bearing on disability discrimination; The controversy over who is a person with a disability for purposes of federal statutes; Employment discrimination rights and remedies; Educational discrimination, including special education law and higher education for students with disabilities; Discrimination in public accommodations; Discrimination by federal, state, and local governments; and Disability discrimination related to housing, transportation, and telecommunications. This new third edition adds analysis of the Supreme Court’s recent Fry and Endrew F. decisions, discussion of the new developments in the litigation over the accessibility of currency for people with visual impairments, insights on the recent implementation of numerical targets for employment of people with disabilities by federal grantees and agencies, and more.

More Study Aids for Mental Health Law

Race and Law

Selected Study Aids for Help Understanding Race and Law

Critical Race Theory: A Primer

Available via the West Academic study aid subscription, this primer on Critical Race Theory (CRT) examines the theory’s basic commitments, strengths, and weaknesses. The text consists of four Parts. Part I provides a history of CRT. Part II introduces and explores several core concepts in the theory—including institutional/structural racism, implicit bias, microaggressions, racial privilege, the relationship between race and class, and intersectionality. Part III builds on Part II’s discussion of intersectionality by exploring the intersection of race with a variety of other characteristics—including sexuality and gender identity, religion, and ability. Part IV analyzes several contemporary issues to which CRT speaks—including racial disparities in health, affirmative action, the criminal justice system, the welfare state, and education.

Race Law Stories

Available via the West Academic study aid subscription, this publication brings to life well-known and not-so-well known legal opinions that address slavery, Native American conquest, Chinese exclusion, Jim Crow, Japanese American internment, immigration, affirmative action, voting rights, and employment discrimination. Each story goes beyond legal opinions to explore the historical context of the cases and the worlds of the ordinary people and larger-than-life personalities who drove the litigation process. The book’s multiracial and interdisciplinary approach makes it useful for courses on race and the law and Critical Race Theory both inside and outside the law school. Each story illuminates the role the law has played in both creating and combating racial inequality.

Understanding Civil Rights Litigation

Available via Lexis Nexis study aid subscription, this Understanding treatise provides a concise, accessible, comprehensive, and readable overview of the doctrine, policy, history, and theory of civil rights and constitutional litigation under Section 1983 and its Bivens federal counterpart.

Transitional Justice

Selected Study Aids for Help in Understanding Transitional Justice

International Criminal Law: Intersections and Contradictions (Concepts & Insights)

Available via the West Academic study aid subscription, this primer presents the field of International Criminal Law (ICL), providing a concise summary of key ICL doctrines while also raising novel and interdisciplinary perspectives. Part I introduces the domain of ICL. Specific chapters are devoted to the different strands of the field’s history; the web of institutions that apply and interpret ICL; how the rules of international law generally, and ICL in particular, are created; theories that attempt to explain why certain crimes are subject to international regulation; and the unique challenges posed by the principle of legality within ICL. Part II is devoted to the intersecting elements of the major crimes recognized by international law (war crimes, crimes against humanity, genocide, aggression, and terrorism), the unique development of modes of liability under international law (including superior responsibility, complicity, co-perpetration, and joint criminal enterprise), and some of the defenses that might be deployed to block or mitigate liability (immunities, amnesties, and excuses). The text ends with two synthesis chapters. The first provides an in-depth case study of Syria to illustrate the way in which members of the international community can attempt to invoke, and block access to, the architecture of ICL and related accountability mechanisms. The second revisits some of the fundamental objectives underlying ICL, the more trenchant critiques of the project of international justice, and the breadth of creativity underlying alternative mechanisms developed under the cognate fields of transitional justice and conflict resolution.

International Criminal Law in a Nutshell

Available via the West Academic study aid subscription, this text is intended as an introduction for students taking a first course in international criminal law as well as practitioners with little or no familiarity with the field. After a brief introduction to the history of international criminal law (from its origins through Nuremburg to the ad hoc tribunals for the Former Yugoslavia and Rwanda), it summarizes basic principles of international accountability (such as the doctrine of “legality”) and concepts of international criminal jurisdiction (including “universal” jurisdiction). Several chapters focus on the International Criminal Court, in particular its substantive jurisdiction (genocide, crimes against humanity, war crimes and aggression), modes of liability and available defenses. Additional chapters cover the purposes and procedures of extradition (and its alternatives, such as “rendition”) and mutual legal assistance (obtaining evidence abroad for use in criminal cases). Attention is also given to the major “transnational crimes,” including terrorism, corruption, trafficking and organized crime.

Human Rights Advocacy Stories

Available via the West Academic study aid subscription, this book tells the story of 15 human rights cases from around the world, including cases adjudicated by a court or commission as well as controversies decided outside the courthouse. The cases illustrate key themes, including the development of human rights norms and the work of human rights organizations; the function of individual and collective identities in human rights struggles; the role of international criminal norms in protecting human rights; globalization, foreign policy, and the economy; and human rights in a world at war. The text illustrates the dynamic interaction between advocacy and legal doctrine.