Category Archives: Criminal Law

MCLE: California Criminal Sentencing Laws

As previously announced, the TJSL Library now has a collection of MCLE materials available for checkout by all TJSL Alumni.  Stop by the Library and take advantage of this opportunity for free MCLE credits! Here’s just one of our new MCLE holdings:

California Criminal Sentencing Laws

Prosecutors, judges and criminal defense attorneys must accurately calculate and advise defendants on possible sentencing consequences of a plea to criminal charges. This Panel will navigate the California determinate and indeterminate sentencing laws. Recorded September 2009.

Michael Begovich, Esq., San Diego
Peter E. Flores, Jr., Esq., San Francisco
Judge Philip H. Pennypacker, San Jose

1.5 MCLE Credits Legal Specialization;
1.5 MCLE Credits Criminal Law (Good through 9/9/10)

Library Highlights: Criminal Law

The Emerging Practice of the International Criminal Court
edited by Carsten Stahn and Göran Sluiter
KZ6311 .E364 2009
From the Publisher: The International Criminal Court is at a crossroads. In 1998, the Court was still a fiction. A decade later, it has become operational and faces its first challenges as a judicial institution. This volume examines this transition. It analyses the first jurisprudence and policies of the Court. It provides a systematic survey of the emerging law and practice in four main areas: the relationship of the Court to domestic jurisdictions, prosecutorial policy and practice, the treatment of the Court’s applicable law and the shaping of its procedure. It revisits major themes, such as jurisdiction, complementarity, cooperation, prosecutorial discretion, modes of liability, pre-trial, trial and appeals procedure and the treatment of victims and witnesses, as well as their criticisms. It also explores some of challenges and potential avenues for future reform.

The Impact of Behavioral Sciences on Criminal Law
edited by Nita A. Farahany
K5028.5 .I47 2009
From the Publisher: New discoveries from neuroscience and behavioral genetics are besieging criminal law. Novel scientific perspectives on criminal behavior could transform the criminal justice system and yet are being introduced in an ad hoc and often ill-conceived manner. Bringing together experts across multiple disciplines, including geneticists, neuroscientists, philosophers, policymakers, and legal scholars, The Impact of Behavioral Sciences on Criminal Law is a comprehensive collection of essays that address the emerging science from behavioral genetics and neuroscience and its developing impact on the criminal justice system. The essays survey how the science is and will likely be used in criminal law and the policy and the ethical issues that arise from its use for criminal law and for society.

Criminal Law
Richard G. Singer, John Q. La Fond
KF9219.85 .S54 2010
From the Publisher: Examples & Explanations: Criminal Law, draws on well-known cases that have not made the appellate courts or in some cases haven’t even gone to litigation. The fifth edition includes cutting edge examples and explanations based on prescription drug-induced sleepwalking, death caused by abuse of time-release pain-killing patches, and void-for-vagueness challenges to laws limiting where sex offenders can live or travel.

Among the attributes that make this study aid an excellent resource: […]Unique, time-tested Examples & Explanations pedagogy —Combines textual material with well-written and comprehensive examples, explanations, and questions to test students’ comprehension of the materials and provide practice in applying information to fact patterns; recent Supreme Court cases on the insanity defense and the diminished capacity defense (such as Arizona v. Clark and Dixon v. United States); explanations include analysis of both prosecution and defense, which provides additional valuable exam-writing skills for students.

Regulating Deviance: The Redirection of Criminalisation and the Futures of Criminal Law
edited by Bernadette McSherry, Alan Norrie and Simon Bronitt
K5015.4 .R44 2009
From the Publisher: The criminal attacks that occurred in the United States on 11 September 2001 have profoundly altered and reshaped the priorities of criminal justice systems around the world. Domestic criminal law has become a vehicle for criminalising ‘new’ terrorist offences and other transnational forms of criminality. ‘Preventative’ detention regimes have come to the fore, balancing the scales in favour of security rather than individual liberty. These moves complement already existing shifts in criminal justice policies and ideologies brought about by adjusting to globalisation, economic neo-liberalism and the shift away from the post-war liberal welfare settlement. This collection of essays by leading scholars in the fields of criminal law and procedure, criminology, legal history, law and psychology and the sociology of law, focuses on the future directions for the criminal law in the light of current concerns with state security and regulating ‘deviant’ behaviour.

The Principle of Legality in International and Comparative Criminal Law
Kenneth S. Gallant
K5165 .G35 2009
From the Publisher: This book fills a major gap in the scholarly literature concerning international criminal law, comparative criminal law, and human rights law. The principle of legality (non-retroactivity of crimes and punishments and related doctrines) is fundamental to criminal law and human rights law. Yet this is the first book-length study of the status of legality in international law – in international criminal law, international human rights law, and international humanitarian law. This is also the first book to survey legality/non-retroactivity in all national constitutions, developing the patterns of implementation of legality in the various legal systems (e.g., Common Law, Civil Law, Islamic Law, Asian Law) around the world. This is a necessary book for any scholar, practitioner, and library in the area of international, criminal, comparative, human rights, or international humanitarian law.

EU Criminal Law
Valsamis Mitsilegas
KJE7975 .M58 2009
From the Publisher: EU Criminal Law is perhaps the fastest-growing area of EU law. It is also one of the most contested fields of EU action, covering measures which have a significant impact on the protection of fundamental rights and the relationship between the individual and the State, while at the same time presenting a challenge to State sovereignty in the field and potentially reconfiguring significantly the relationship between Member States and the EU. The book will examine in detail the main aspects of EU criminal law, in the light of these constitutional challenges. These include: the history and institutions of  EU criminal law (including the evolution of the third pillar and its relationship with EC law); harmonisation in criminal law and procedure (with emphasis on competence questions); mutual recognition in criminal matters (including the operation of the European Arrest Warrant) and accompanying measures; action by EU bodies facilitating police and judicial co-operation in criminal matters (such as Europol, Eurojust and OLAF); the collection and exchange of personal data, in particular via EU databases and co-operation between law enforcement authorities; and the external dimension of EU action in criminal matters, including EU-US counter-terrorism co-operation. The analysis is forward-looking, taking into account the potential impact of the Lisbon Treaty on EU criminal law.

Crime and Culpability: A Theory of Criminal Law
Larry Alexander and Kimberly Kessler Ferzan
K5103 .A44 2009
From the Publisher: This book presents a comprehensive overview of what the criminal law would look like if organized around the principle that those who deserve punishment should receive punishment commensurate with, but no greater than, that which they deserve. [The authors] argue that desert is a function of the actor’s culpability, and that culpability is a function of the risks of harm to protected interests that the actor believes he is imposing and his reasons for acting in the face of those risks. The authors deny that resultant harms, as well as unperceived risks, affect the actor’s desert. They thus reject punishment for inadvertent negligence as well as for intentions or preparatory acts that are not risky. Alexander and Ferzan discuss the reasons for imposing risks that negate or mitigate culpability, the individuation of crimes, and omissions. They conclude with a discussion of rules versus standards in criminal law and offer a description of the shape of criminal law in the event that the authors’ conceptualization is put into practice.

Law & Social Justice — Recent Acquisitions

Agenda for a Sustainable America
edited by John C. Dernbach
HC79.E5 A358 2009
ThomCat |

Assignment and Arbitration: A Comparative Study
Juan Carlos Landrove
K2400 .L36 2009
ThomCat |

At Home in the Law: How the Domestic Violence Revolution is Transforming Privacy
Jeannie Suk
KF9322 .S85 2009 (New Book Shelf)
ThomCat |

Autonomy, Consent and the Law
Sheila A. M. McLean
K3611.I5 M38 2010
ThomCat |

The Challenge of Child Labour in International Law
Franziska Humbert
K1821 .H86 2009
ThomCat |

Climate Change and the Law
Chris Wold, David Hunter, Melissa Powers
K3593 .W65 2009

Covering: The Hidden Assault on our Civil Rights
Kenji Yoshino
KF4749 .Y674 2007
ThomCat |

Does the Constitution Follow the Flag?: The Evolution of Territoriality in American Law
Kal Raustiala
KF413.J87 R38 2009
ThomCat |

The Evolution of the Fourth Amendment
Thomas N. McInnis
KF9630 .M35 2009
ThomCat |

Freedom from Religion: Rights and National Security
Amos N. Guiora
K3258 .G85 2009
ThomCat |

The Gender of Reparations: Unsettling Sexual Hierarchies While Redressing Human
Rights Violations
edited by Ruth Rubio-Marin
K5301 .G46 2009
ThomCat |

Global Democracy and Sustainable Jurisprudence: Deliberative Environmental Law
Walter F. Baber and Robert V. Bartlett
K3585 .B33 2009
ThomCat |

Global Employee Privacy and Data Security Law
Morrison & Foerster LLP; editors Miriam H. Wugmeister and Christine E. Lyon
K3264.C65 G578 2009
ThomCat |

Government by Contract: Outsourcing and American Democracy
edited by Jody Freeman, Martha Minow
HD3861.U6 G678 2009
ThomCat |

An Introduction to the American Legal System
John M. Scheb, John M. Scheb II.
KF385 .S34 2010
ThomCat |

Justice in Plainclothes: A Theory of American Constitutional Practice
Lawrence G. Sager
KF4550 .S235 2004
ThomCat |

Law and the Disordered: An Exploration in Mental Health, Law, and Politics
George C. Klein
KF3828 .K59 2009 (New Book Shelf)
ThomCat |

The Law of American State Constitutions
Robert F. Williams
KF4530 .W538 2009
ThomCat |

Legal Studies: Terminology and Transcription
Wanda Roderick-Bolton
KF319 .R6 2004
ThomCat |

Mechanical Witness: A History of Motion Picture Evidence in U.S. Courts
Louis-Georges Schwartz
KF8725 .S39 2009 (New Book Shelf)
ThomCat |

Mobilizing for Human Rights: International Law in Domestic Politics
Beth A. Simmons
K3240 .S5435 2009
ThomCat |

Obstruction of Justice: Federal Statutes
Charles Doyle
KF9300 .D69 2008
ThomCat |

Private Lawyers and the Public Interest: The Evolving Role of Pro Bono in the
Legal Profession
edited by Robert Granfield, Lynn Mather
KF299.P8 P745 2009 (New Book Shelf)
ThomCat |

Punishing Corporate Crime: Legal Penalties for Criminal and Regulatory
James T. O’Reilly et al.
KF9351 .P86 2009
ThomCat |

Rediscovering Rhetoric: Law, Language, and the Practice of Persuasion
editors, Justin T. Gleeson, Ruth C.A. Higgins.
P301.5.P47 R43 2008

The Religious Left and Church-State Relations
Steven H. Shiffrin
KF4783 .S56 2009 (New Book Shelf)
ThomCat |

The Restitution of Cultural Assets: Causes of Action, Obstacles to Restitution,

Beat Schonenberger
K3791 .S36 2009 (New Book Shelf)
ThomCat |

A Right to Discriminate?: How the Case of Boy Scouts of America v. James Dale
Warped the Law of Free Association
Andrew Koppelman; with Tobias Barrington Wolff
KF4778 .K67 2009
ThomCat |

Sexual Harassment: Prevention, Investigation and Litigation
Sound recording
State Bar of California
AUDIO KFC100.S49 S49 2009 (Lobby Display)

The South’s Role in the Creation of the Bill of Rights: Essays
Jack P. Greene et al.; edited by Robert J. Haws
KF4545.S5 S68 2009
ThomCat |

Targeted Killing in International Law
Nils Melzer
KZ6362 .M45 2009
ThomCat |

US Pension Reform: Lessons from Other Countries
Martin Neil Baily, Jacob Funk Kirkegaard
HD7125 .B275 2009
ThomCat |

Women, Family, and Gender in Islamic Law
Judith E. Tucker
KBP526.3 .T83 2008
ThomCat |

Law & Social Justice — Recent Acquisitions

The Anatomy of Torture: A Documentary History of Filartiga v. Pena Irala
William J. Aceves
KF226 .A25 2007 (Lobby Display)
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Arbitration Law
Katherine V.W. Stone, Richard A. Bales
KF3423 .S76 2010
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Bought & Sold
Witness production in association with the Global Survival Network
Produced and directed by Gillian Caldwell
VIDEO HQ281 .B68 1997 (Reserve)
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Building Healthy Communities: A Guide to Community Economic Development for Advocates, Lawyers, and Policymakers
edited by Roger A. Clay, Jr. and Susan R. Jones
KF5730 .B85 2009 (Course Reserve)
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Cases and Materials on Criminal Law
Joshua Dressler
KF9218 .D68 2009 (Course Reserve)
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Comparative Criminal Procedure: History, Processes and Case Studies
Raneta Lawson Mack
K5401 .M33 2008
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The Criminal Responsibility of Senior Political and Military Leaders as Principals to International Crimes
Hector Olasolo; with a foreword by Adrian Fulford
K5301 .O42 2009
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Enemy of the State: The Trial and Execution of Saddam Hussein
Michael A. Newton & Michael P. Scharf
KMJ41.H87 N49 2008 (Lobby Display)
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Environmental Regulation: Law, Science, and Policy
Robert V. Percival et al.
KF3775 .E548 2009 (Lobby Display)
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Feminist and Queer Legal Theory: Intimate Encounters, Uncomfortable Conversations
edited by Martha Albertson Fineman, Jack E. Jackson, Adam P. Romero
K349 .F455 2009
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Food and Drug Law: Cases and Materials
Peter Barton Hutt, Richard A. Merrill, Lewis Grossman
KF3868 .F66 2007 (Course Reserve)
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The Glannon Guide to Criminal Law: Learning Criminal Law through Multiple- choice Questions and Analysis
Laurie L. Levenson
KF9219.5 .L474 2009 (Course Reserve)
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Human Rights
Louis Henkin et al.
K3240 .H846 2009 (Course Reserve)
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The International Law on Ballast Water: Preventing Biopollution
Maria Helena Fonseca de Souza Rolim
K3591.2 .R65 2008
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The Politics of Official Apologies
Melissa Nobles
JC599.N66 N63 2008
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Saddam on Trial: Understanding and Debating the Iraqi High Tribunal
Michael P. Scharf, Gregory S. McNeal
KMJ41.H87 S23 2006 (Lobby Display)
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Taking Wrongs Seriously: Apologies and Reconciliation
edited by Elazar Barkan, Alexander Karn
HM1106 .T35 2006
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United States of America–A Safe Haven for Torturers
William J. Aceves
KF4749 .A33 2002 (Lobby Display)
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Women, Politics, and the Constitution
edited by Naomi B. Lynn
KF478.A5 W667 1990
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New Study Aids – Emanuel CrunchTime audio CDs

The Library is pleased to announce that we have added six new Emanuel CrunchTime audio CD sets to our popular Study Aids Collection. Located in the Library Lobby just across from the Reference Librarian’s Office, each set is available for 2 day check out. Whether you are preparing for a multiple-choice, short answer, or essay exam, these Emanuel CrunchTime audio CD sets can improve your grade with a complete set of exam preparation tools.

Our new titles include:

Contracts (2 copies)


Criminal Law (2 copies)


Professional Responsibility

Property (2 copies)

Law, Technology & Communications – Recent Acquisitions

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Composition & Copyright: Perspectives on Teaching, Text-making, and Fair Use
edited by Steve Westbrook
KF3020 .C66 2009
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Endless Money: The Moral Hazards of Socialism
William W. Baker
HG230.3 .B354 2010
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International Law and the Proliferation of Weapons of Mass Destruction
Daniel H. Joyner
KZ5675 .J69 2009
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International Trade Law
Andrew T. Guzman, Joost H.B. Pauwelyn
K3943 .G896 2009
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IP Client Strategies in the EU: Leading Lawyers on Understanding European Intellectual Property Laws, Staying Ahead of Changing Regulations, and Developing IP Protection Strategies in a Global Economy
KJE2636 .I63 2009
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Pharmaceutical Industry Antitrust Handbook
KF3885 .P53 2009 (New Book Shelf)
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Private Equity Fund Exposure and Protection: Leading Lawyers on Weighing Investment Risks, Structuring Prudent M&A Transactions, and Preparing for Increased Government Involvement
K1116 .P75 2009
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Regulating Deviance: The Redirection of Criminalisation and the Futures of Criminal Law
edited by Bernadette McSherry, Alan Norrie and Simon Bronitt
K5015.4 .R44 2009
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The Software License Unveiled: How Legislation by License Controls Software Access
Douglas E. Phillips
K1443.C6 P48 2009 (New Book Shelf)
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State Agency and the Patenting of Life in International Law: Merchants and Missionaries in a Global Society
Bita Amani
K1519.B54 A74 2009
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State Antitrust Practice and Statutes
editorial board, Harvey I. Saferstein
KF1650 .S7 2009
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Why Do Governments Divest?: The Macroeconomics of Privatization
Alfred Schipke
HD3845.6 .S355 2001
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Library Highlights: Children and the Law

Confonting_Cyber_BullyingConfronting Cyber-bullying:What Schools Need to Know to Control Misconduct and Avoid Legal Consequences
Shaheen Shariff
K5210 .S53 2009
From the Publisher: This book is directed to academics, educators, and government policy-makers who are concerned about addressing emerging cyber-bullying and anti-authority student expressions through the use of cell phone and Internet technologies. There is a current policy vacuum relating to the extent of educators’ legal responsibilities to intervene when such expression takes place outside of school hours and school grounds on home computers and personal cell phones. Students, teachers, and school officials are often targets of such expression. The author analyzes government and school responses by reviewing positivist paradigms. Her review of a range of legal frameworks and judicial decisions from constitutional, human rights, child protection, and tort law perspectives redirects attention to legally substantive and pluralistic approaches that can help schools balance student free expression, supervision, safety, and learning.

Law_of_Schools_Students_Teachers_NutshellThe Law of Schools, Students, and Teachers in a Nutshell
Kern Alexander, M. David Alexander
KF4119.85 .A43 2009
From the Publisher: This text captures the key points of the precedents governing student rights and responsibilities relating to attendance, speech, expression, religion, discipline, grades, tests, drugs, search and seizure, and the range of procedural due process interests. It further addresses the range of constitutional rights and protections for teachers as well as employment terms and conditions, including contracts, tenure, and potential liabilities.


Children_in_the_CourtroomChildren in the Courtroom: Challenges for Lawyers and Judges
Sherrie Bourg Carter
KF9673 .B68 2009
From the Publisher: In [this book], Sherrie Bourg Carter provides attorneys and judges with the critical information they need to properly review and handle cases involving child witnesses. Through a detailed discussion of the complicated legal, investigative, and developmental problems that are commonly encountered when children are involved in the legal system, Bourg Carter offers practical guidance to help legal professionals maneuver the often thorny landscape of using child witnesses in litigation. In an easy-to-read format, this book covers common legal arguments that arise with child witnesses, proper and improper child interview methods, legally relevant child developmental issues, and helpful procedures when children testify in the courtroom.

Chock full of new material, the second edition includes new sections on working with disabled child witnesses, taint, multiple incident cases, multiple victims cases, recantation, vertical prosecution, and child assessment centers. Bourg Carter delivers two new chapters—one devoted exclusively to improper interview techniques and the other outlining specific strategies for questioning a child witness. In addition, practitioners will find updated coverage of competence to testify; availability and hearsay; and reviews of case law related to Crawford v. Washington and Davis v. Washington.

What_Is-Right_for_ChildrenWhat is Right for Children?: The Competing Paradigms of Religion and Human Rights
edited by Martha Albertson Fineman and Karen Worthington
KF4783 .W43 2009
From the Publisher: Combining feminist legal theory with international human rights concepts, this book examines the presence, participation and treatment of children in a variety of contexts. Specifically, through comparing legal developments in the US with legal developments in countries where the views that children are separate from their families and potentially in need of state protection are more widely accepted. The authors address the role of religion in shaping attitudes about parental rights in the US, with particular emphasis upon the fundamentalist belief in natural lines of familial authority. Such beliefs have provoked powerful resistance in the US to human rights approaches that view the child as an independent rights holder and the state as obligated to proved services and protections that are distinctly child-centred. Calling for a rebalancing of relationships within the US family, to become more consistent with emerging human rights norms, this collection contains both theoretical debates about and practical approaches to granting positive rights to children.

Understanding_Juvenile_LawUnderstanding Juvenile Law
Martin R. Gardner
KF9780 .G37 2009
From the Publisher: This Understanding treatise discusses the various bodies of law in relation to a fundamental issue permeating the entire field of juvenile law: the extent to which the law should protect young people rather than recognize them as autonomous persons. While the law traditionally adopted a protectionist posture, recent legal developments appear to recognize autonomy rights of adolescents in certain contexts. These developments are praised by some commentators who advocate wholesale rejection of the paternalistic model in favor of a system that treats adolescents as full-fledged persons under the law. This book does not advocate any particular resolution of the current debate about the nature of the rights of young people; rather, it suggests that sensitivity to the issues and arguments entailed in that debate is essential to any true understanding of the present state of juvenile law […].

Children_in_the_Legal_SystemChildren in the Legal System: Cases and Materials
Samuel M. Davis … [et al.].
KF479 .C46 2009
From the Publisher: The new 4th edition has been thoroughly updated with the latest and best cases and statutory references. It includes references to the most recent scholarly articles, books and other publications. It also includes coverage of some recent Supreme Court decisions such as: Morse v. Frederick (the BONG HITS 4 JESUS student free expression case), Roper v. Simmons (the juvenile death penalty case). Davis v. Washington and Hammon v. Indiana (clarifying the meaning of “testimonial” in the Court’s earlier decision in Crawford v. Washington addressing Confrontation Clause issues with respect to statements made to police).

This book is distinguished by its breadth of coverage and degree of flexibility in teaching. It deals with every aspect of how the law relates to minors, from free expression in school and other school-related issues to child custody, to private law (e.g., torts and contracts), to the juvenile justice system (i.e., delinquency and the operation of criminal justice principles to juvenile justice), to abuse and neglect (including medical neglect), to termination of parental rights, to foster care, to adoption, to the status of children as children (i.e., children’s “rights”). For that reason, the book lends itself to use in any number of courses that might be styled “Juvenile Law,” or “Juvenile Justice,” or “Juvenile and Family Law,” or, indeed, “Children in the Legal System” or some other similar designation. As mentioned below, the flexibility of the book lends itself to varying numbers of credit hours […].