law book review pdf

Prisons as Laboratories of Antidemocracy

Jeffrey Bellin's  Mass Incarceration Nation  robustly analyzes how state and federal policies have combined to drive up prison populations. Mass incarceration represents a failure of democracy, but the repressive policies of American prisons represent an even graver threat as laboratories of antidemoc…

What We Ask of Law

This Book Review asks what comprises a well-functioning legal system in light of new evidence of how law operated across a wide historical panorama. Such contextualization has implications for a sound working definition of law, understanding law’s relation to the rule of law, and law’s role in emanc…

Rights, Structure, and Remediation

In  The Collapse of Constitutional Remedies , Aziz Huq contends federal courts exacerbate societal inequities by overzealously enforcing constitutional limits on government regulation while neglecting individual-rights violations. Though some of Huq’s criticisms are spot-on, others are overstated, and…

Capitalist Development, Labor Law, and the New Working Class

Gabriel Winant’s  The Next Shift  charts the transformation of Pittsburgh’s political economy from World War II through 2008. This Review suggests that the long-term process of capitalist development—which is central to Winant’s account—also helped to reshape our labor law over the same period. 

Unwritten Law and the Odd Ones Out

In a new book, Douglas Baird argues that the values of reorganization professionals, more than statute or case law, define the norms of corporate bankruptcy. This Book Review shows how rule-by-reorganizers can explain Chapter 11's troubling tendency to disregard the interests of legacy creditors.  

Writing About the Past That Made Us: Scholars, Civic Culture, and the American Present and Future

This Review assesses the arguments made in Akhil Amar’s  The Words That Made Us about the impoverished nature of our current discourse on our constitutional system of government.

(Re)Framing Race in Civil Rights Lawyering

This Review examines the significance of Henry Louis Gates, Jr.’s new book,  Stony the Road:  Reconstruction, White Supremacy, and the Rise of Jim Crow , for the study of racism in our nation’s legal system and for the regulation of race in the legal profession.

Reevaluating Legal Theory

Law is a social practice that pursues a moral purpose. Analyzing Professor Julie Dickson’s  Evaluation and Legal Theory , this Review brings the natural-law tradition into conversation with contemporary philosophy of social science to seek an approach to general jurisprudence that respects both the fa…

Truer U.S. History: Race, Borders, and Status Manipulation

Daniel Immerwahr’s  How to Hide an Empire  rewrites U.S. history with empire at the core. Building on that accomplishment, this Review sketches a U.S. legal history of indigeneity, race, slavery, immigration, and empire in which legal “status manipulation” accomplished and hid the myriad wrongs done.

Examining the Case for Socialized Law

I n Equal Justice: Fair Legal Systems in an Unfair World , Frederick Wilmot-Smith argues that it is only by deprivatizing markets for legal services that we can ever hope to achieve equal justice. This Book Review explains why his bold prescription is worthy of serious examination and critical debate. …

The Law of Informational Capitalism

Informational capitalism brings new dangers of surveillance and manipulation—but also of accelerating monopoly, inequality, and democratic disempowerment. Examining two important new books on the topic, this Review maps the law and political economy of informational capitalism, a domain of rising pr…

Fidelity and Construction

Lawrence Lessig’s Fidelity & Constraint: How the Supreme Court Has Read the American Constitution makes an important contribution to “New Originalism.” This Review explores how Lessig’s theory of fidelity to role can inform an originalist understanding of constitutional construction.

The Politics of Decarceration

Can the political process help undo mass incarceration? This  Book  Review argues that changes in the two major political parties, the results of recent state-level elections, and changes in public opinion all provide reason to hope that democratic politics is compatible with ending mass incarceration…

Equality of Opportunity and the Schoolhouse Gate

Cases involving schools have implicated nearly every major civil right. In this Review of Justin Driver’s The Schoolhouse Gate, however, Professors Michelle Adams and Derek Black demonstrate that the right to equal educational opportunity is the tie that binds together the Supreme Court’s many dispa…

The High Stakes of Low-Level Criminal Justice

Alexandra Natapoff reviews Misdemeanorland , summarizing the book’s key contributions and extending its insights about New York City’s system of misdemeanor managerial social control to illuminate the broader dynamics and democratic significance of the U.S. misdemeanor process.

State Courts and Constitutional Structure

Justice Goodwin Liu of the California Supreme Court reviews Judge Jeffrey Sutton’s new book,   51 Imperfect Solutions: The Making of American Constitutional Law.

The New Jim Crow Is the Old Jim Crow

A vast divide exists in the national imagination between the racial struggles of the civil rights era and those of the present. Drawing on the work of Elizabeth Gillespie McRae and Jeanne Theoharis, this Review argues that complexifying this oversimplified history is critical to contemporary racial …

Who Locked Us Up? Examining the Social Meaning of Black Punitiveness

In this Review of James Forman, Jr.’s Pulitzer Prize-winning Locking Up Our Own: Crime and Punishment in Black America , Darren Hutchinson reconciles Forman’s research with antiracist accounts of U.S. crime policy. Literature on implicit bias, social dominance orientation, and right-wing authoritaria…

Brief Lives

In this Review of Owen Fiss’s book,  Pillars of Justice: Lawyers and the Liberal Tradition , Laura Kalman explores Fiss's views on the legal figures appearing in the book. In addition, Kalman discusses the criticisms of  Brown v. Board of Education  and legal liberalism that are missing in Fiss’s accoun…

Pregnancy, Poverty, and the State

In this Review of Khiara Bridges’s book,  The Poverty of Privacy Rights , Michele Goodwin and Erwin Chemerinsky argue that state legislatures, as well as the federal government and courts, express moral disregard and even outright contempt for poor women in multitudinous ways that include, but extend …

How Long Is History’s Shadow?

Josh Chafetz, in  Congress’s Constitution , urges Congress to rehabilitate its underused but important nonlegislative powers. In this Book Review, Anita Krishnakumar argues that while reinvigorating these powers is a good idea in theory, Congress may not have the ability or inclination to do so. 

The Original Theory of Constitutionalism

The conflict between various versions of “originalism” and “living constitutionalism” has long defined the landscape of constitutional theory and practice. In this Review of Richard Tuck’s The Sleeping Sovereign , David Grewal and Jedediah Purdy adapt the sovereignty-government distinction at the hea…

Privacy’s Trust Gap: A Review

Obfuscation: A User’s Guide for Privacy and Protest By Finn Brunton and Helen Nissenbaum Cambridge and London: The MIT Press 2015 author. Neil Richards is Thomas and Karole Green Professor of Law, Washington University School of Law; Affiliate Scholar, The Center for Internet…

Systemic Triage: Implicit Racial Bias in the Criminal Courtroom

Crook County: Racism and Injustice in America’s Largest Criminal Court By Nicole van cleve Stanford university press, april 2016 author. Professor of Law, U.C. Irvine School of Law. A.B. Harvard College, J.D. Yale Law School. I wish to thank Rick Banks, Erwin Chemerins…

The Court and the World: American Law and the New Global Realities BY STEPHEN BREYER, ALFRED A. KNOPF, 2015 author. Kirkland & Ellis Distinguished Service Professor, University of Chicago Law School. Thanks to Will Baude and Curt Bradley for helpful comments, Kathrine Gutierrez f…

Eighteen Years On: A Re-Review

The Case for Same-Sex Marriage: From Sexual Liberty to Civilized Commitment BY WILLIAM N. ESKRIDGE, JR. NEW YORK: THE FREE PRESS, 1996. author. Judge, U.S. Court of Appeals for the Seventh Circuit; Senior Lecturer, University of Chicago Law School. In 1992 I published a book called…

The Banality of Racial Inequality

Reproducing Racism: How Everyday Choices Lock in White Advantage BY DARIA ROITHMAYR NEW YORK: NYU PRESS, 2014, PP. 205. $25.00. author. Charles Keller Beekman Professor of Law at Columbia Law School and Professor (Adjunct) of Law at Yale Law School. I…

Constitutions of Hope and Fear

Citizens Divided: Campaign Finance Reform and the Constitution BY ROBERT C. POST CAMBRIDGE, MA: HARVARD UNIVERSITY PRESS, 2014, PP. 264. $29.95. author. David and Mary Harrison Distinguished Professor of Law, University of Virginia. I am gra…

Judging Justice on Appeal

A review of  Injustice on Appeal: The United States Courts of Appeals in Crisis

Why Protect Religious Freedom?

Why Tolerate Religion? BY BRIAN LEITER PRINCETON, NJ: PRINCETON UNIVERSITY PRESS, 2012, PP. 208. $24.95. author. Richard and Frances Mallery Professor and Director of the Constitutional Law Center, Stanford Law School; Senior Fellow, Hoover Institution. The auth…

Next-Generation Civil Rights Lawyers: Race and Representation in the Age of Identity Performance

122 Yale L.J. 1484 (2013). This Book Review addresses two important new books, Professor Kenneth Mack’s Representing the Race: The Creation of the Civil Rights Lawyer and Professors Devon Carbado and Mitu Gulati’s Acting White? Rethinking Race in Post-Racial America , and utilizes their insights to bo…

Lightning in the Hand: Indians and Voting Rights

120 Yale L.J. 1420 (2011). 

American Indians and the Fight for Equal Voting Rights

By Laughlin McDonald

Norman, OK: University of Oklahoma Press, 2010, pp. 347. $55.00.

The Common School Before and After Brown: Democracy, Equality, and the Productivity Agenda

120 Yale L.J. 1455 (2011). 

In Brown's Wake: Legacies of America's Educational Landmark

By Martha Minow

New York, NY: Oxford University Press, 2010, pp. 320. $24.95.

Multiplicity in Federalism and the Separation of Powers

120 Yale L.J. 1084 (2011). 

The Ideological Origins of American Federalism

By Allison L. Lacroix

Cambridge, MA: Harvard University Press, 19th ed., 2010, PP. 312. $35.00.

The Bluebook Blues

120 Yale L.J. 850 (2011). 

The Bluebook: A Uniform System of Citation

By the Columbia Law Review , the Harvard Law Review , the University of Pennsylvania Law Review , and The Yale Law Journal

The Best Laid Plans

120 Yale L.J. 586 (2010). 

Unbundling Homeownership: Regional Reforms from the Inside Out

119 Yale L.J. 1904 (2010). 

Integrity and the Incongruities of Justice: A Review of Daniel Markovits's A Modern Legal Ethics: Adversary Democracy in a Democratic Age

119 Yale L.J. 1948 (2010). 

Contract Interpretation Redux

119 Yale L.J. 926 (2010). 

Contract interpretation remains the largest single source of contract litigation between business firms. In part this is because contract interpretation issues are difficult, but it also reflects a deep divide between textualist and contextualist theories of interpretatio…

Debunking Blackstonian Copyright

118 Yale L.J. 1126 (2009).

Copyright’s Paradox

BY NEIL WEINSTOCK NETANEL NEW YORK , NY: OXFORD UNIVERSITY PRESS, 2008, PP.ix, 274. $34.95.

From Litigation, Legislation:A Review of Brian Landsberg’s Free at Last To Vote: The Alabama Origins of the 1965 Voting Rights Act

117 Yale L.J. 1132 (2008).

Giving the Constitution to the Courts

117 Yale L.J. 886 (2008).

Wealth Without Markets?

116 Yale L.J. 1472 (2007)  

The Wealth of Networks: How Social Production Transforms Markets and Freedom

BY YOCHAI BENKLER

NEW HAVEN: YALE UNIVERSITY PRESS, 2006. PP. 528. $40.00

Cosmopolitan Law?

116 Yale L.J. 1022 (2007)

Restoring the Right Constitution?

116  Yale L.J.  732 (2007)

Save the Cities, Stop the Suburbs?

116 Yale L.J. 598 (2006) Sprawl: A Compact History BY ROBERT BRUEGMANN CHICAGO: UNIVERSITY OF CHICAGO PRESS, 2005. PP. 306. $27.50 The City: A Global History BY JOEL KOTKIN NEW YORK: MODERN LIBRARY CHRONICLES, 2005. PP. 256. $21.95

The Pragmatic Passion of Stephen Breyer

115 Yale L.J. 1675 (2006) Now in his twelfth year as a Supreme Court Justice, Stephen Breyer has written an important book, Active Liberty , which crystallizes a fundamental set of beliefs about the American Constitution and his role as a Justice. Taking Active Liberty as the entry point, this piece p…

Justice Breyer Throws Down the Gauntlet

115 Yale L.J. 1699 (2006) A Supreme Court Justice writing a book about constitutional law is like a dog walking on his hind legs: The wonder is not that it is done well but that it is done at all. The dog's walking is inhibited by anatomical limitations, the Justice's writing by political ones. Supre…

Justice Breyer's Democratic Pragmatism

115 Yale L.J. 1719 (2006) As a law professor at Harvard Law School, Stephen Breyer specialized in administrative law. His important work in that field was marked above all by its unmistakably pragmatic foundations. In an influential book, Breyer emphasized that regulatory problems were "mismatched" t…

Viewing CSI and the Threshold of Guilt: Managing Truth and Justice in Reality and Fiction

The " CSI effect" is a term that legal authorities and the mass media have coined to describe a supposed influence that watching the television show CSI: Crime Scene Investigation has on juror behavior. Some have claimed that jurors who see the high-quality forensic evidence presented on CSI raise th…

Who Will Find the Defendant if He Stays with His Sheep? Justice in Rural China

114 Yale L.J. 1675 (2005) In Song fa xiaxiang: Zhongguo jiceng sifazhidu yanjiu [ Sending Law to the Countryside: Research on China's Basic-Level Judicial System ], Dean Zhu Suli of Beijing University Law School claims that Chinese legal scholars uncritically accept foreign models and rule-of-law ideol…

Property in All the Wrong Places?

114 Yale L.J. 991 (2005) In Who Owns Native Culture? and Public Lands and Political Meaning , an anthropologist and a historian document an ever-increasing deployment of property categories in two quite different domains: native people's recent cultural claims in the first book and the longer story o…

Judicial Power and Civil Rights Reconsidered

114 Yale L.J. 593 (2004) Michael Klarman's From Jim Crow to Civil Rights: The Supreme Court and the Struggle for Racial Equality is an important contribution to the scholarly literature on both the history of the civil rights struggle and judicial power more generally. Klarman argues that for much of…

The Law and Economics of Critical Race Theory

112 Yale L.J. 1757 (2003) Our story is about the production and consumption of racial prototypes. The regulatory thrust of homogeneity creates both a demand for, and a supply of, specific racial prototypes--outsiders who can fit within predominantly white workplace cultures without "disturb[ing] the …

The Politics of Corporate Governance Regulation

112 Yale L.J. 1829 (2003) Why do corporate governance systems differ quite substantially around the world? The American model supervises managers through a board representing a diffuse mass of external shareholders whose rights are defended by a variety of institutional rules (such as those governing…

The Grounds of Welfare

112 Yale L.J. 1511 (2003) Louis Kaplow and Steven Shavell are talented and distinguished legal academics who for the past several years have been working jointly on a massive project in normative law and economics. The project's goal is to answer the question: What are the criteria by which legal pol…

What Ails Us?

112 Yale L.J. 1135 (2003) Is American democracy sick? If so, what ails it? More importantly, can the disease be cured? Can its symptoms be alleviated by imaginative and well-crafted laws? Or is it a genetic disorder embedded in the DNA of modern representative government and thus unlikely to yield to…

Friedman's Law

112 Yale L.J. 925 (2003) In this appraisal of Lawrence M. Friedman's American Law in the Twentieth Century, I begin in Part I with a survey of the several "schools" of American legal history that have risen to prominence in the years since World War II, utilizing a suggestive framework first offered …

112 Yale L.J. 617 (2002) In this important new book on local governance, economist William Fischel presents and defends a deceptively simple and intuitively resonant proposition: "that homeowners, who are the most numerous and politically influential group within most localities, are guided by their …

Fall from Grace: Arming America and the Bellesiles Scandal

111 Yale L.J. 2195 (2002)

Method and Principle in Legal Theory

111 Yale L.J. 1757 (2002) The Practice of Principle is an excellent book that practically overflows with interesting and original arguments. Coleman is a superb analytical philosopher, as every page of the book attests. This is one of the most important contributions to legal theory to come along in …

Why Tax the Rich? Efficiency, Equity, and Progressive Taxation

111 Yale L.J. 1391 (2002) In Greek mythology, Atlas was a giant who carried the world on his shoulders. In Ayn Rand's 1957 novel Atlas Shrugged, Atlas represents the "prime movers"--the talented few who bear the weight of the world's economy. In the novel, the prime movers go on strike against the o…

Tobacco Unregulated: Why the FDA Failed, and What To Do Now

111 Yale L.J. 1179 (2002) The book jacket promises drama. David Kessler, former Commissioner of the Food and Drug Administration (FDA), is said to tell "a gripping detective story," a story of "right and wrong" and "moral courage." The "unlikely heroes" are a small team of FDA employees who set out t…

Dialectics and Domestic Abuse

110 Yale L.J. 1459 (2001)  

Erie and the History of the One True Federalism

110 Yale L.J. 829 (2001)

Signaling Discount Rates: Law, Norms, and Economic Methodology

110 Yale L.J. 625 (2001) For decades, sociologists and law-and-society scholars have studied law in a broader social context that includes norms. More recently, the subject of social norms has come to the sustained attention of rational choice scholars, including economists, philosophers, politica…

Animal Rights

110 Yale L.J. 527 (2000) The "animal rights" movement is gathering steam, and Steven Wise is one of the pistons. A lawyer whose practice is the protection of animals, he has now written a book in which he urges courts in the exercise of their common-law powers of legal rulemaking to confer legally en…

Corruption, Pollution, and Politics

110 Yale L.J. 293 (2000)  

Volume 133’s Emerging Scholar of the Year: Robyn Powell

Announcing the eighth annual student essay competition, announcing the ylj academic summer grants program, featured content, lock them™ up: holding transnational corporate human-rights abusers accountable, administrative law at a turning point, law and movements: clinical perspectives.

Book Reviews

Fresh commentary on some of the most important books in law, politics, and culture.

An Antidote to British Oikophobia David Conway A serious historian acknowledges England’s less-glorious moments without reveling in self-flagellation. A Review of Natural Law and Modern Society The Resilience of Natural Law Graham McAleer Legal positivists view natural law as both fruitless and pernicious, but without it legal theory makes little sense. A Review of What Are Children For? The Progressive Case for Parenthood Elizabeth Grace Matthew Apparently, left-leaning young people need reassurance that it's okay to get married and start a family. A Review of The Light of Battle Ike’s Hopeful Leadership John Kitch Eisenhower represents the type of figure American culture can produce and the leader a democracy needs when confronting existential threats. A Review of An Unwritten Future Reviving Classical Realism Tony Spanakos Classical realism sees the structure of the system as important but also sees causality in decisions made by leaders steeped in history. A Review of No Democracy Lasts Forever The Enduring Constitution David Lewis Schaefer Progressives gripe endlessly about the Constitution’s flaws. But their speculations about perfect democracy will never rival the Framers’ enduring wisdom. A Review of Nuclear War: A Scenario Apocalypse Soon? Brian A. Smith If nuclear weapons are used, we are not automatically condemned to visions of spiraling disaster. A Review of The Unprotected Class Racism Is No Longer America’s Biggest Problem Wilfred Reilly In his new book, Jeremy Carl rightly warns about the rise of new kinds of racial bigotry and helps us see how America can move on to new conversations. A newsletter worth reading.

The Wisdom of Our Ancestors provides signposts to conservatives worth reading, but its ambivalence about liberalism obscures the path it recommends.

Central planning can never address the roots of progressive extremism—only a recovery of constitutional order, and a flourishing civil society can.

Ross Carroll’s new introduction to Edmund Burke’s political thought examines the man of letters and the man of action.

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Generally speaking, emergencies tend to reduce productivity, at least in the short and medium terms.

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THE SECOND FOUNDING: AN INTRODUCTION TO THE FOURTEENTH AMENDMENT

CONSTRUCTING BASIC LIBERTIES: A DEFENSE OF SUBSTANTIVE DUE PROCESS

THE STORY OF CONSTITUTIONS: DISCOVERING THE WE IN US

SUPREME BIAS: GENDER AND RACE IN U.S. SUPREME COURT CONFIRMATION HEARINGS

THE RULE OF LAWS: A 4,000-YEAR QUEST TO ORDER THE WORLD

THE EU AND CONSTITUTIONAL TIME: THE SIGNIFICANCE OF TIME IN CONSTITUTIONAL CHANGE

THE GUN DILEMMA: HOW HISTORY IS AGAINST EXPANDED GUN RIGHTS

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Book Review: Lord Sumption and the Limits of the Law

2016, Judicial Review

Nobody could accuse Lord Sumption of ducking the big issues. They certainly don’t get much bigger than those he addressed in the 27th Sultan Azlan Shah Lecture, given in Kuala Lumpur, on 20 November 2013. His paper, entitled “The Limits of Law”, sought nothing less than a redefinition of the boundary between the legal and the political. Given the fondness Lord Sumption has demonstrated for ambitious overarching historical narrative, with his ever-expanding history of the Hundred Years War, perhaps this should not come as a surprise. Public law academics responded to the issues raised in Lord Sumption’s lecture at a conference held in Oxford in October 2014. The various contributions to the debate, together with a response from Lord Sumption, have now been collected in a new book, entitled Lord Sumption and the Limits of the Law.

Related Papers

Richard Bellamy

Lord Sumption's critique of expansive judicial review has certain similarities with some political constitutionalist critiques. However, they are differently motivated and far more constraining. Instead, his arguments derived from a limited form of legal constitutionalism and highlight some of the problems with that way of reasoning.This revised version of a previously published paper includes a new section devoted to Sumption's Reith Lectures of 2019. It has been published in Italian, which is also available. This is the English version.

The Cambridge Constitutional History of the United Kingdom, edited by Peter Cane and Harshan Kumarasingham

This essay offers a genealogy of the UK’s political constitution from the seventeenth century to the present, noting how it has drawn on different ideas and taken different forms over time, and highlighting the contingent nature of its current representative and parliamentary character. It identifies three forms of political constitutionalism over this period, and the emergence of a fourth, all associated with a particular account and justification of parliamentary sovereignty: the mixed constitution of the sovereignty of 'King in Parliament', that emerged in the 17th century and received its canonical expression with Montesquieu and then Blackstone in the eighteenth century; the adaptation of this account to the primacy of the Commons in the theory of parliamentary government developed by Hume, Burke and Dicey; the association of parliamentary sovereignty with representative democracy in the twentieth century; and, finally, the recent challenge to this form by a theory of popular sovereignty. Political constitutionalism is typically associated with the third form. However, a genealogy allows one to see how at different times the idea has been composed by different elements and been subject to contestation and debate - as is the case now. As a result, rather than viewing political constitutionalism as doomed or inadequate, and destined to be replaced by legal constitutionalism, it becomes possible to rethink political constitutionalism in different ways appropriate to new circumstances.

International Journal of Constitutional Law

The republican core of the case for judicial review: A reply to Tom Hickey. Why political constitutionalism requires equality of power and weak review

Colm O'Cinneide

Grégoire Webber

Reflecting on the foundations of legislative and adjudicative responsibility helps articulate the responsibility of the legislative body for the community's future, a future to be directed by the law as it is now to be. By contrast, the power to adjudicate conclusively on the breach of a law discloses a responsibility of a different orientation, a responsibly to relate to the present dispute the law as it was at that time past when the violation of the law allegedly occurred. This basic division of responsibility—for the community's future; for relating the community's past acts to present disputes—is a division informed by the need to address different needs in human communities. Among those needs will be the requirement to realise justice and rights. A community may qualify as a matter of legal jurisdiction the changes a legislature may introduce for the community's future and confer on a court the power to determine when legislation exceeds the legislature's jurisdiction. Where those qualifications are open-ended—as they are in many bills of rights—the exercise of judicial responsibility is partially unmoored from the past and open to the future. In such circumstances, adjudicative authority is being exercised, not with a view to the past, but to the future. It is here that the institution designed to take responsibility for the future may understand itself to be empowered to reply to the exercise of judicial responsibility by engaging in a dialogue on the community's future.

Grégoire Webber , Francisco J. Urbina

The important aspects of human well-being outlined in human rights instruments and constitutional bills of rights can only be adequately secured as and when they are rendered the object of specific rights and corresponding duties. It is often assumed that the main responsibility for specifying the content of such genuine rights lies with courts. Legislated Rights: Securing Human Rights through Legislation argues against this assumption, by showing how legislatures can and should be at the centre of the practice of human rights. This jointly authored book (Grégoire Webber, Paul Yowell, Richard Ekins, Maris Köpcke, Bradley W. Miller, and Francisco J. Urbina) explores how and why legislatures, being strategically placed within a system of positive law, can help realise human rights through modes of protection that courts cannot provide by way of judicial review. This introductory chapter by Grégoire Webber and Paul Yowell introduces four theses animating human rights law and scholarship. It defends four counter-theses that motivate the book’s main arguments and explores the deep interconnectedness between human rights and positive law, before summarily reviewing the six substantive chapters that develop the argument for legislated rights.

Jack Simson Caird

This thesis examines the practice of parliamentary constitutional interpretation. Parliamentary constitutional interpretation is a form of reasoning used by parliamentarians to articulate the constitutional effect of a Bill, within the legislative process in Parliament. The significance of the practice is explored through a combination of empirical study and theoretical enquiry. The first part of the thesis describes and analyses parliamentary constitutional interpretation in three case studies, each on a different Government Bill from the 2010-2012 parliamentary session. Each study provides a fine-grained account of how parliamentarians interpreted the constitutional effect of each Bill and the role this interpretation played during the passage of the Bill. In order to identify the constitutional effect of a particular clause, parliamentarians interpret a range of constitutional norms including: constitutional principles, constitutional statutes and constitutional conventions. In each case study, parliamentary constitutional interpretation played an important role in shaping the constitutional effect of each Bill and holding the Government to account. The second part of the thesis uses the reality of the practice, as described in the case studies, to identify the value of parliamentary constitutional interpretation and to situate the practice within political constitutionalism. Two principal values of the practice are identified. Firstly, parliamentary constitutional interpretation can enhance the level of justification within the legislative process. Secondly, it can facilitate a distinctively parliamentary contribution to the normative content of the constitution. By expanding the role of legislative politics within the constitution, parliamentary constitutional interpretation can develop and strengthen the political model of constitutionalism. These values also serve as both a template for analysis of parliamentary performance and as a guide to parliamentary reform.

Charles-Maxime Panaccio

This article argues that the Supreme Court of Canada's rejection of a similarly-situated approach to s. 15(1) of the Canadian Charter [conferring a right to equality without discrimination] is ironic as well as mistaken. It is ironic because in its first s. 15(1) case (Andrews v. British Columbia-1989) and in every successful s. 15(1) case up to now, the Court has in fact been using such an approach. Not its discredited legalistic version, but a substantive, moral version, which requires that persons get equal legal benefits when this is compelled by moral reasoning. It is further argued that this doctrine of equality and discrimination (which is called ‘distributive underinclusiveness') is morally and practically attractive, and thus fits the judiciary's role as the guardian of a ‘culture of justification’ in Canadian public law. Indeed, it may well be the preeminent doctrine of substantive equality under s. 15(1), and the failure to acknowledge it has been a source of many wanderings. The article begins by explaining the elements of distributive underinclusiveness and showing its immanence in the s. 15(1) case law. It then addresses its fitness as a judicial doctrine. Finally, it discusses its interpretive implications as to the notion of ‘analogous grounds' of discrimination and to the role of s. 1 [the justification clause].

(2013) 129 Law Quarterly Review 399-419

In debates surrounding the rule of law, a recurring question has been whether a legal system’s commitment to legality is deficient absent the protection of human rights. Near absent from these debates is another central question animating the rule of law and its relationship to rights: the how of the guarantee, promotion, and protection of rights in law. This essay seeks to illustrate why this concern for the relationship between means and ends should be at the centre of debates surrounding the relationship of rights to the rule of law.

Richard Ekins , Grégoire Webber

This article is a reply to critics and readers of a symposium issue published in volume 10 of the Faulkner Law Review on Legislated Rights: Securing Human Rights through Legislation (Cambridge University Press 2018; paperback, 2019). Richard Ekins and Grégoire Webber, two of the six authors of Legislated Rights, respond to essays by Victoria Nourse, Robert Lowry Clinton, Andy G. Orlee, and Adam J. MacLeod. The article is organised around the following themes: central case method; rights protection in the United States in comparative perspective; legislated rights and constitutional structure; scepticism about judicial review; oppressive 'rights' legislation; and legislated rights and common law.

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How to Write a Book Review

Note: These modified guidelines were taken from: Jacques Barzun and Henry F. Graff, The Modern Researcher, 5th ed. New York: Harcourt Brace Jovanovich, 1992.

This structure serves as a guideline and not a template.

• Purpose is to link together the forthcoming paragraphs into a few captivating sentences
• Should live up to the rest of the review
• Do not begin with the phrase, “This book…”
• Must include the following indicia: the author’s name and the book’s title
• Understand the book’s purpose and scope and convey these findings to the reader
• Situate the book’s place in the literature and beyond
• Present book’s thesis, themes, and tendencies
• Outline the book’s content
• Provide readers with supporting reasons for your earlier classification of the book
• Present additional or contrary points found in other books by the same author and with other authors in the same field
• Limit your explanation to qualifications and/or amendments of the author’s points
• Evaluate the book against a background of the author’s purported objectives (have they been achieved?)
• Do not be petty, keep objections to the substantive nature of the book
• Should include your knowledge on the subject and themes that the author may/not haveincluded, intentionally or unintentionally
• Tell the readers how the book will change readers’ views of the subject/field
• The last word belongs to the author and his/her book
• Insofar as the Journal’s (limited) readership goes, the author’s fate is in your hands
• Be fair in the balance of the book’s merits and faults
• Respect the amount of work that has gone into writing the book

Some Useful Advice to Keep in Mind While Writing Your Book Review:

Note: Taken from: John E. Drewry. Writing Book Reviews . Boston: The Writer, Inc, 1966)

J. Donald Adams –Editor of the New York Times Book Review

“The reviewer should bring to the review ‘factual knowledge and capacity of sympathetic understanding.’”

Edward Weeks –Editor of The Atlantic Monthly, The Peripatetic Reviewer

“The Ten Commandments:

• Don’t use loose words (i.e. “thrilling, “intriguing”) in describing the book.
• Practice humility in stating your opinion of the book. Allow for the possibility that your judgment may not be infallible.
• Don’t give away the contents or the plot of the book
• Read the book, don’t skim it.
• When you read, allow 60% of your thoughts to be swept into the main current of the story: keep the other 40% detached and observant on the river bank. Pause whenever a note seems worth taking.
• Ask yourself what the author is trying to do.
• Ask yourself how well he has done this.
• Ask yourself, in your opinion, was it worth doing.
• If possible, hold what you have written for 24 hours and show it to someone whose judgment you respect. Second thoughts will often modify the first flush of enthusiasm.
• Avoid superlatives, i.e. calling the author “a Shakespeare.”

Richard Kluger – Editor of Book Week, the Sunday supplement of book reviews to many newspapers

• “It gives the editors of Book Week no pleasure to run a sharply negative review of a book that, after all, consumed a great deal or a lot of people’s energy and time. It does give us pleasure…to run glowing notices of a deserving book…”
• “Be sufficiently expository for the reader to get a clear idea of the contents of the book … The subjective review … misses its aim if the reader gets no clear idea of what the author has been trying to say. The opposite extreme is the colorless description …”

Orville Prescott –Co-editor of Books of the Times (New York Times)

“They forget that book reviews are not supposed to make up somebody else’s mind. They are supposed to help him make up his own mind as to whether a book is for him or not.”

Diana Trilling –Book Columnist

“…the first responsibility…is to the book…[not] reviewing which is primarily directed to the glorification of the reviewer at the expense of the object under examination.”

Elmo Ellis –General Manager of WSB Radio, Atlanta

“Don’t review books that you consider inferior works. Choose a worthy volume for review.”

Dr. Allan Nevins

“Criticism is implicit in any good summary or exposition…The very arrangement of your exposition, the way in which you emphasize some parts of a book and ignore other parts, is a form of criticism…”

Important Points to Remember

• Include the book’s full bibliographic information in the review.
• Avoid including biographical information on the author unless it is relevant to the review and enhances the reader’s understanding of the work under discussion.
• Footnote referenced material properly.
• Avoid quoting extensively from the book; and minimize the use of block quotes.
• Avoid simply summarizing the book.
• Don’t ignore the page or word limits specified by the journal (1800-2500 words for a book review).
• Don’t assume your audience is a specialist in field.
• Avoid criticizing the author for failing to write the book that the reviewer had in mind.
• Avoid using the review as a pretext for showcasing the reviewer’s own theses and works.
• Avoid hyperbole and excessive cheerleading for the book or author.

For further guides to writing book reviews, see:

• Temple University, How to Write a Book Review .
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Introduction to Criminal Law

(19 reviews)

Copyright Year: 2015

ISBN 13: 9781946135087

Publisher: University of Minnesota Libraries Publishing

Language: English

Formats Available

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Learn more about reviews.

Reviewed by Kelly Arney, Dean of Behavioral Sciences, Associate Professor, Grace College on 12/22/23

This textbook covers the main subject areas of criminal law. The introduction to criminal law and the legal system are the first two chapters and lead to a nice introduction to the rest of the textbook. The book develops by explaining the... read more

Comprehensiveness rating: 5 see less

This textbook covers the main subject areas of criminal law. The introduction to criminal law and the legal system are the first two chapters and lead to a nice introduction to the rest of the textbook. The book develops by explaining the constitutional protections and then defenses. In other books, I have seen defenses after crimes against property, the public, and the government. This criminal law textbook starts with defenses and then moves forward with types of offenses. The elements of a crime are divided into criminal elements, intent, and harm. This has more coverage in this section than I have seen in other textbooks. This textbook makes it easy for undergraduate students to fully understand this foundational information. It covers the subject appropriately and effectively in this way.

Content Accuracy rating: 5

No biases or inaccurate information was found. This textbook uses facts and cases that are well documented.

Relevance/Longevity rating: 4

This textbook includes the core criminal law concepts as covered by most criminal law textbooks. The chapters flow in logical order and build on their information in a nice methodical way. The contents are up-to-date for the publication date of 2015. Instructors will need to provide some updated material to supplement this textbook, but the ideas, terms, and chapters are valuable. I am giving this a 4 because it is a 2015 publication and will need updated supplemental materials.

Clarity rating: 5

The textbook is presented clearly. This seems as though it would be easily understood by undergraduate students. The terminology is identified in a clear way and the chapters flow into each other in an organized way. No jargon or confusing terminology was found. This uses legal terminology that is accurate.

Consistency rating: 5

Consistent terminology and framework were used throughout the textbook. It made the build from chapter to chapter easy to follow.

Modularity rating: 5

This textbook is nicely broken down and organized into smaller reading sections. It would be simple for an instructor to reference a specific section or assign a specific section in the book. It is easy to access from different points within the course. It is nicely organized and easy to follow.

Organization/Structure/Flow rating: 5

The organization of this textbook was logical and clear. The chapters seemed to build on each other. It was organized a little differently from previous textbooks but did so in an effective way. In other books, I have seen defenses after crimes against property, the public, and the government. This criminal law textbook starts with defenses and then moves forward with types of offenses. The elements of a crime are divided into criminal elements, intent, and harm. This has more coverage in this section than I have seen in other textbooks. This textbook makes it easy for undergraduate students to fully understand this foundational information. It covers the subject appropriately and effectively in this way.

Interface rating: 5

This textbook was free of any interface issues or navigational issues.

Grammatical Errors rating: 5

I have not identified any grammatical errors.

Cultural Relevance rating: 5

This textbook does effectively raise the complex issues of race and ethnicity in criminal law in a responsible manner. No issues with insensitivity or offensive language that I found.

This was an excellent textbook. It was well-organized and relevant. Keep in mind it is from 2015, so some up-to-date material will be required by the instructor.

Reviewed by DeAris Hoard, Lecturer of Criminal Justice, Eastern New Mexico University on 12/12/21

The text was quite comprehensive and covered the subject matter in a fashion easily understood by undergraduate students. The text is an excellent resource for undergraduate students in introductory-level courses. read more

The text was quite comprehensive and covered the subject matter in a fashion easily understood by undergraduate students. The text is an excellent resource for undergraduate students in introductory-level courses.

The text provided an accurate representation of knowledge regarding the subject matter.

The information provided in the text is mixed/varied. There are newer sources referenced in the text, along with older, yet valuable, sources.

The text is presented clearly and in a manner easily understood by undergraduate students in introductory or cursory courses.

The text is consistent with the learning objectives, table of contents, and supplementary definitions presented.

The text is nicely broken and organized into smaller reading sections.

The organization and flow of the text were both logical and clear.

The text was easy to navigate, and there were no distracting or confusing images or charts.

There we no observed grammatical errors/issues.

There were no observed issues in the text concerning cultural sensitivity.

Reviewed by Robert Henderson, Assistant Professor, University of Alaska Anchorage on 12/29/20, updated 1/10/21

I found this textbook to be an excellent resource for an upper-division, undergraduate course in Criminal Law. Criminal law is a relatively straight-forward topic and this text does a good job of providing a good overview of the topic. The... read more

Comprehensiveness rating: 4 see less

I found this textbook to be an excellent resource for an upper-division, undergraduate course in Criminal Law. Criminal law is a relatively straight-forward topic and this text does a good job of providing a good overview of the topic. The textbook highlights the majority of the significant aspects of criminal law and is written in an easy to understand format. To provide complete overview of the topic, I recommend supplementing the textbook with jurisdiction-specific caselaw, allowing the students to experience factual application of the principles discussed in the textbook. All but one chapter provide the students with an in-depth review of the relevant subtopic. Chapter 12, Crimes Against the Public, was not as developed as earlier chapters. I expanded Chapter 12 into two, separate subparts: Public Order Offenses and Social Order Offenses. I expanded Chapter 12 in an effort to provide a more comprehensive overview of the various crimes included within this range of conduct.

The textbook is generally accurate and error-free. Given that criminal law is jurisdiction-specific, the textbook does a good job of providing various examples of the different principles. This is especially true when augmented with jurisdiction-specific caselaw.

Relevance/Longevity rating: 5

The textbook is up-to-date and addresses all major developments within criminal law.

The textbook works well as the primary textbook for an upper-division, undergraduate textbook. The text is easily understood by undergraduate students.

I found the textbook to be internally consistent and easily supplemented with outside information.

With the exception of the first two chapters, both of which provide general background and fundamental principles surrounding criminal law, the textbook chapters are easily re-arranged to fit different course schedules.

Although I personally re-organized the chapters, it was only due to personal preference. The textbook's modularity allowed this easily adjustment.

Neither I, nor my students, faced any significant interface issues using this textbook. It is accessible and available in different media formats.

I did not find the textbook to be culturally insensitive or offensive.

Overall, I would recommend this textbook to instructors teaching an upper-division, undergraduate course in criminal law. Although the textbook does not have all of the "features" of a commercial textbook (i.e., study guides, test banks), I found the textbook worked well as supplementary materials. This is not a criticism -- given that criminal law is a jurisdictional-specific subject matter, the textbook does a good job of providing students with general, foundational concepts and allows the instructor to easily supplement the course with jurisdiction-relevant information. All but one chapter provide the students with an in-depth review of the relevant subtopic. Chapter 12, Crimes Against the Public, was not as developed as earlier chapters. I expanded Chapter 12 into two, separate subparts: Public Order Offenses and Social Order Offenses. I expanded Chapter 12 in an effort to provide a more comprehensive overview of the various crimes included within this range of conduct.

Reviewed by Robert Rocklin, Pro Tem Faculty, University of Oregon on 6/10/20

The text is generally comprehensive. It covers all the major areas of criminal law, from individual crimes to broader issues such as the role of the United States Constitution in placing limits on criminal punishment. The text has a fairly... read more

The text is generally comprehensive. It covers all the major areas of criminal law, from individual crimes to broader issues such as the role of the United States Constitution in placing limits on criminal punishment. The text has a fairly detailed table of contents, but no index or glossary. The latter omission is surprising, because the text includes many terms that are bolded, which in other texts often suggests that they are defined in a glossary.

Content Accuracy rating: 3

The content appears to be unbiased. There are, however, a number of errors or inaccuracies. As just one example, the first chapter states that the goal of civil litigation is to “compensate the plaintiff for any injuries and to put the plaintiff back in the position that the person held before the injury occurred.” And the discussion and examples that follow all focus on tort litigation and money damages. But civil litigation is much broader than that, encompassing contract disputes, property issues, injunctive relief, and a host of other issues and remedies. Similarly, the text states that the goal of criminal prosecution is to “punish the defendant.” But as the text later explains, there are at least four goals that criminal law seeks to serve. As another example, the text states that, in Gonzales v. Oregon, 546 U.S. 243 (2006), the Court held that the United States Attorney General “cannot criminalize the use of drugs under Oregon’s Death With Dignity Act.” But that case dealt with license revocation, not criminal sanctions. There are many other inaccurate statements throughout the book.

The content is up-to-date. Because criminal law varies from jurisdiction to jurisdiction, it is impossible to be completely up-to-date in the details. But the general principles addressed in the text are descriptive of contemporary criminal law.

Clarity rating: 4

The text is written in a way that should be accessible to most undergraduate students. But there are some exceptions. For example, the text states, “Lawyers primarily use precedent in their arguments, rather than statutes or the Constitution, because it is so specific.” That statement is both inaccurate and confusing. Another example: The text states that judicial opinions “can also contain more than one case law . . . .” That sentence is, at the least, confusing. As for context, although the text generally does a good job of providing relevant context, there are some lapses. For example, the text mentions “double jeopardy” without explaining what it is.

The text is internally consistent in terms of terminology and framework.

The text gets high marks on modularity. The text includes few, if any, long sections; it makes generous use of headings. Occasionally, it is inappropriately self-referential. For example, in section 8.1 “Attempt” the text mentions a concept and then says, “as is discussed in Section 8.1 ‘Attempt’.”

The text is well-organized. Like other criminal law texts, it proceeds from general criminal law principles, to discussion of specific categories of crime, and then to specific crimes.

Interface rating: 3

Generally, the text’s interface works. But there are some broken links to other parts of the text and some broken links to external resources. Although the charts and tables are easy to read, they often inaccurately depict the relationships they are intended to clarify. For example, constitutional provisions are superior to statutory ones, but the figure depicting the relationship shows a circular relationship. Similarly, when summarizing inchoate crimes, the figures start with defenses to the crimes, rather than the affirmative elements of the crimes. In general, many or most of the figures are either inaccurate or confusing.

With a few exceptions, the text is grammatical.

Cultural Relevance rating: 4

The text is not overtly insensitive or offensive. But many or most of the examples—and there are a lot of examples—tend to use stereotypically Anglo names for the characters.

I’m of two minds about this book. It is comprehensive and it includes lots of exercises, examples, learning objectives and “key takeaways.” The discussion of substantive criminal law is mostly accurate and the text is readable. But, as noted, the text includes many inaccurate or misleading statements (especially in the more general discussions) and the figures misrepresent important relationships (for example, depicting both state and federal judiciaries as part of a single judicial branch). Obviously, the price of the book can't be beat. But if one were to use it, I'd recommend including errata or somehow informing students about the deficiencies related above.

Reviewed by Andre Adeli, Lecturer, Metropolitan State University of Denver on 7/24/19

Although it is difficult to be comprehensive in an introductory text, the author's attempts at introducing legal concepts through individual cases in my experience is not a good starting points. read more

Comprehensiveness rating: 3 see less

Although it is difficult to be comprehensive in an introductory text, the author's attempts at introducing legal concepts through individual cases in my experience is not a good starting points.

Content Accuracy rating: 2

On one occasion the year cited on an important case from 1970 was cited as a 2010 case. Other references to well known criminal cases contained inaccuracies.

Relevance/Longevity rating: 3

Relevance and longevity could be improved by including more recent analysis of contemporary cases. 4th Amendment and 8th Amendment issues are already in need of updates.

More than 90% of the content is written in a succinct and clear manner. Moving around within each chapter is somewhat confusing, however.

Consistency rating: 4

Framework is consistent and terminology is accurate but often includes too many civil law references. For students not familiar with civil or criminal law the civil law references may be confusing.

Modularity rating: 4

Great modularity, but not clear how material can be integrated with other source material.

Organization/Structure/Flow rating: 4

The topics were presented in the traditional format for an introductory text.

I encountered a couple of dead links.

I did not notice any grammatical errors.

The textbook raises the complex issues of race and ethnicity in criminal law in a responsible and sensitive manner.

This OER textbook seems to be an excellent start to an interactive textbook on Criminal Law, unfortunately, I am not ready to adopt in its current form. I would need better introductions to the topics, a way to substitute links or insert more recent appellate cases in the discussion or summary sections of the chapters to feel comfortable with this text as a platform for my Criminal Law classes.

Reviewed by Jennifer Dannels, Lead Instructor - Criminal Justice, NTCC on 4/23/19

This book is even more comprehensive than previous textbooks (non-OER) I've used in the past. I especially like how it covers the constitutional issues (freedom of speech, right to "privacy" (birth control, abortion, etc.), ex post facto clause,... read more

This book is even more comprehensive than previous textbooks (non-OER) I've used in the past. I especially like how it covers the constitutional issues (freedom of speech, right to "privacy" (birth control, abortion, etc.), ex post facto clause, due process challenges, etc.) in Chapter 3. I don't recall other textbooks giving this much attention to the U.S. Constitution but it is extremely important. I believe my students are now better able to understand why some statutes are held unconstitutional by the courts. Too often, students (and the public at large) think that the legislature can just pass laws without ever giving thought to the fact that they may be in opposition to what our constitution allows.

Additionally, I had read previous reviews that mentioned the lack of discussion about terrorism in this book. But I think it's covered sufficiently. While terrorism is definitely at the forefront of the news and our minds these days, the truth is that terrorism charges/convictions are still few compared to the other crimes in the U.S. And I think the textbook at least offers a good starting point for a discussion on terrorism -- the instructor can easily find additional material about current day challenges to the PATRIOT Act and current news stories about recent terrorism acts and charges.

I found very few (if any) errors in this textbook. I am a licensed attorney and have been so disappointed in the past with other textbooks with inaccurate information and just a plain misunderstanding of how the law works. It is clear to me that the author of this textbook is an attorney --- which is how it should be. Too often I find that Criminal Law textbooks are written by non-attorneys which makes little to no sense. Sure, non-attorneys can write about Criminal Justice in general and certain specific topics, but I think the matter of law (especially constitutional and criminal law) should be left to those actually trained in the interpretation and practice of the law.

This textbook does a great job of providing relevant and up-to-date court decisions and statutes. It is impossible to write a law textbook that will not need to be updated at some point because the law does change - it's just the nature of the beast. However, this text gives a great overview of the overarching Supreme Court decisions and underlying themes/policies that do not change very often. I also found that it was easy to insert my own state's statutes into my lectures. As a result, the students learned the general principles and majority views from this textbook -- and then I showed them specifically what Louisiana requires. So when it comes to updating my course, I really just need to focus on my state's statutory changes.

My biggest compliment that I have for this textbook is that it is extremely clear and provides excellent real-life examples to demonstrate each concept/element. I wish this textbook had been around back when I was in law school!! It would have been much easier to understand. I love how this textbook breaks every topic into clear and concise sections (with a clear bold heading to boot!) -- and then the author just gets right in, explains the concept, gives an example, and then moves on. No need to use fancy and excessive language when it is simply not needed.

My only real complaint (if you can even call it that) is that some of the examples were a little far-fetched or maybe didn't illustrate a point perfectly, but it was easy enough to come up with my own examples to illustrate the point. And there really were only just a handful of examples that I did not like - the overwhelming majority of them were spot-on. These examples are crucial to put the law into context for students. Without them, it's just a bunch of concepts that the students can't always translate into the real world.

This book was consistent all the way through.

I really liked how the chapters are divided up into reasonable chunks with clear and bold headings. Each section was also relatively small (consisting of usually only a few paragraphs) which made for easy reading and comprehension. I also appreciated how each section of the chapter ended with a summary, hypothetical scenarios, and real court cases that illustrate the points covered in the text. The end-of-the-chapter reviews were also great with additional questions/hypothetical scenarios for the students to ponder and to illustrate how the law translates into real-life cases.

The topics of this text are organized to perfection. I really have no complaints in this area. I followed the textbook in the order as it was written because I saw no reason to change it. The student really must have a good understanding of possible constitutional challenges and the basic elements of all crimes (criminal act, intent, attendant circumstances, etc) before you can really dive into each category of specific crimes.

I did not notice any problems in this area, and heard no complaints from students either.

I did not notice any grammatical errors -- and I greatly appreciated how the case and statutory citations were all correct!! Too often, I see other textbooks get that part wrong which is frustrating. Again, probably because someone other than an attorney/paralegal wrote it - and legal citations are a completely separate beast than other forms of citations. So great job in this area!

I do not recall reading any portions of the texts (including examples) that were insensitive or offensive. I think the author did a very nice job of remaining neutral and culturally appropriate.

This is an overall excellent textbook! I teach this course at a community college and I find that students are easily able to follow along and understand the content. Yet, it is not over-simplistic at all. It covers a large amount of material in an appropriate amount of time/space and gives real-life examples that help students connect the dots between the criminal statute and policies with actual criminal charges/trials/convictions. I will be using this textbook for years to come. A huge shout-out to the author of this fabulous open textbook!

Reviewed by Dave Coffey, Prof/Program Head Administration of Justice, Thomas Nelson Community College on 3/6/19

This is a good Criminal Law text for college undergraduates. The text covers most of the major areas of criminal law. The chapter orders are logically sequenced providing a building block approach for students. Material is presented clearly and... read more

This is a good Criminal Law text for college undergraduates. The text covers most of the major areas of criminal law. The chapter orders are logically sequenced providing a building block approach for students. Material is presented clearly and concisely making it easy for students to understand. “End of Chapters” includes exercises, questions, case citations and links as well as websites and articles, all very good resources for students.

The broad concepts covered in this book and the materials used to present them contains no inaccurate information or bias presentation. Bearing in mind that legal texts and materials are always subject to interpretations and criticism.

The core criminal law concepts as covered in this book and its chapters are long standing principles and generally have not dramatically changed over the past years. Criminal law changes slowly and therefore this book should be a good intro book for many years. Additionally the text should be relatively easy to update in the modular format that it is written. There are a number of hyperlinks used throughout the book that need to be checked regularly for accuracy.

The book is very easy to follow and written in such a way as students of all levels should be able to read and understand the materials. The substantive materials are reinforced and supported by interesting examples and critical thinking exercises to assist students in their understanding of the subject. The book also provides many examples and visual aids to explain many of the concepts and terms used. I would say this book is very student friendly.

The book generally is consistent throughout as it relates to the layout of chapters, terminology, formatting and presentation of information. Every chapter concludes with an End of Chapter section that has exercises with answers, case listings, summaries and links to websites. I think students will find these materials very useful. Chapters followed a consistent user friendly formatting that further aids student’s understanding.

The text is written in a logical, easy to follow, modular format that allows for easy reorganization and assignments for students. Each chapter is focused on specific learning objectives and materials that support the learning objective. Assignments can be tailored around the learning objectives. Each chapter is broken down and numbered into sub-components of the overall chapter subject.

The structure, organization and flow of the materials contained in the book are logical and follow in a manner that is conducive to learning. The textbook provides a basic introduction to Criminal Law to include the U.S. legal system; constitutional laws and protections; and traditional general elements of Criminal Law and specific crimes and defenses. This material is broken down into logical presentations and sections.

Interface rating: 4

I did not see any major problems with student textbook interface. However, I did have some problems with returning to the same spot in the textbook after clicking on some links. Most links worked fine but some seemed to be a little problematic and one was expired. It could have been my computer or me.

I did not notice any glaring grammatical errors. Overall the textbook appeared to be very well written.

The book appears to be culturally appropriate for the course and subject matter. I did not find any culturally incentive or offensive material or examples in the book.

I would certainly consider adopting this textbook for my Criminal Law course. It covers the major topics relative to Criminal Law and it does so in a manner that I think would be beneficial to our students. The textbook is equal to and in many ways, better than many of the leading textbooks for purchase that are on the market and in our bookstores today.

Reviewed by Kelly Ayers, Clinical Instructor, West Virginia University on 5/21/18

The information covered in this text is general in nature, yet thorough enough to understand the foundations of the topic. Given that I would be using this text for undergraduate students, the amount of information and its depth seem to be on... read more

The information covered in this text is general in nature, yet thorough enough to understand the foundations of the topic. Given that I would be using this text for undergraduate students, the amount of information and its depth seem to be on point. There are links that provide opportunities to explore the topic further if the student/instructor so desires.

I am not a legal expert and cannot comment specifically to the accuracy; however, I do appreciate the long list of individuals provided that were identified as having reviewed the material prior to publication specifically for that purpose.

Criminal law itself will be unchanging, but its interpretation will. The author has included contemporary cases and other examples that provide the student with an understanding of the applications. It is made clear that there will be variations in different jurisdictions and that many of the examples are illustrative in nature.

Criminal Law is an easy read and any terms that would be unfamiliar to the undergraduate student is well defined and used in examples. The exercises throughout the text also offer methods of becoming familiar with the language.

Criminal law is written in a way that is easy to follow and each chapter is laid out in the same fashion which makes the material very easy to navigate.

The chapters are broken up into easy to read subunits and there are several references to other areas of the book if there is a reference that needs to be made. This format makes it easy for the student and instructor to connect material moving forward allowing this book to be more comprehensive.

The topics were laid out in a way that was easy to follow and permits the student to build on previous information as they read forward. The beginning lays out general information about criminal law and the legal system and then breaks down into more specific elements related to criminal law.

All links throughout the book were active and images look clear. The text is laid out in an easy to read format for the computer screen. The text and supplemental materials are extremely user friendly.

There were no grammatical errors noted throughout the text. The book is easy to follow and well written.

There was nothing that stood out as anything that may be offensive within the material or the examples. If there were references to cultural differences within examples, it is strictly due to relevance to the issue being discussed.

I am excited that there is a simple, easy to read foundational text in criminal law that can be shared with my forensic students. These students may or may not choose law school, but there should be a holistic understanding of how their work fits into the legal system as they go on to play a critical role in the investigation and prosecution of criminal activity.

Reviewed by Tracy Barley, Assistant Professor, North Carolina Central University on 2/1/18

This textbook is comprehensive; it is substantially equivalent in content to the published textbook (including its updates) our department has used for the last 10 years. It covers the key concepts that will meet our student learning outcomes. I... read more

This textbook is comprehensive; it is substantially equivalent in content to the published textbook (including its updates) our department has used for the last 10 years. It covers the key concepts that will meet our student learning outcomes. I particularly like the End of Chapter material, the Key Takeaway boxes and the Exercises and the inclusion, with links, to supplemental material.

I would like to have included a section on White Collar Crimes; we teach this section and incorporate material on bias, implicit bias, sentencing disparities and investigations.

Also it would be important to include Cyber Crimes; however, this could be added if the book can be remixed.

Content Accuracy rating: 4

The content is accurate based on a random sampling of the material; the links to supplemental worked and that content was unbiased. I also paid attention to the names used in the examples to be certain they were race neutral to avoid any further stereotyping and implicit bias.

The content is up-to-date and relevant with the exception of the omission of Cyber Crimes and Financial Crimes; these are codified in all states and some of the fastest growing.

Very clear language and appropriate for mid-level undergraduate students.

Framework is good with the exception of the a couple of Key Takeaway boxes were not consistently formatted in color.

This was excellent! Chunking is a best practice teaching strategy and this format is very conducive to this method. The individual learning objectives at the beginning of each unit and subunit are also helpful for aligning with our course student learning outcomes.

Nice structure and flow; in a side by side comparison with the text I currently use, it is much more appealing visually and manageable. I especially like that the cases are attached as links to supplemental material rather than embedded in the text. The heavy text based materials often intimidate lower to mid level undergraduate students and they become discouraged depending on their learning styles.

The interface is great. I like the differentiation of the colors which signifies a change to students. The colors are also compatible with accessibility and screen reading.

There were no obvious grammatical errors.

I liked the relevance and updated content and examples. The Tom DeLay case is one example of a recent event that illustrates crime occurs at all socio economic levels and demographic groups. This is very important for my students as I teach at an HBCU.

I appreciate the care taken to create an open source book that is comprehensive, easy to navigate and meets accessibility standards. The color coding makes it easy for undergraduate students to perform a knowledge check after reading the chapter material. Additionally, the multiple formats make it even more accessible for students.

Reviewed by B.A.B. ---, Associate Professor, Virginia Commonwealth University on 2/1/18

I would say that this book attempts to cover a broad spectrum of criminal law topics, so in that sense it’s comprehensive, but in terms of the depth with which each topic is treated, it is far from comprehensive. The entire textbook actually reads... read more

Comprehensiveness rating: 1 see less

I would say that this book attempts to cover a broad spectrum of criminal law topics, so in that sense it’s comprehensive, but in terms of the depth with which each topic is treated, it is far from comprehensive. The entire textbook actually reads more like a study guide or even a professor’s lecture notes or slides. When I adopt a textbook, I want it to be comprehensive enough so that I can base my lectures on the chapter topic highlights; here it seems that the author does the opposite. Were I a student, I would think that reading this book would leave me with many more questions than answers. Maybe it’s a fundamental difference of paedagogy, but I don’t want to spend my classtime filling in all the lacunae left by the students’ textbook; rather, I want to spend that classtime expanding on what was presented in the textbook. To me, those are fundamentally different aims.

A discussion on “justice” (whatever that means!) is conspicuously absent from this book. This is a substantively different discussion than “purposes of punishment.” There is also, as far as I can tell, no discussion of how to read a case citation. That’s so important! Because citations tell you so much important information about a case! I’m surprised, because this is sort of a standard sub-topic in a criminal law class, especially when students are asked to brief cases.

The “purposes of punishment” section is but one of many sections that has been glossed over. There should probably be a section comparing retributive and utilitarian schools of thought (actually, I see nothing referring to “utilitarianism” now that I think of it) and giving concrete examples of these differing philosophies in action. Generally speaking, I think it would be helpful to have examples from case law throughout the book to illustrate how concepts apply. Case law is rich with great examples, which are conspicuously absent.

Some of the topics warrant more in-depth treatment. The discussion of various punishment justifications is pretty superficial; incapacitation, for example, encompasses a whole lot more than just “prevent[ing] future crime by removing the defendant from society.” It’s also factually incorrect that house arrest—one of the examples given— removes the defendant from society; on the contrary, it’s an alternative community-oriented sanction intended to keep the offender out in the community!?

This book sidesteps the longevity issue because it doesn’t make any references to case law, so there’s no way the case law could become outdated if not altogether obsolete.

The book is consistently cursory, does that count? No seriously… I do think it somewhat odd that some topics are treated in more detail than others (e.g., criminal homicide has its own chapter). The organization is confusing because criminal homicide gets its own chapter, but then subsequent chapters are organized like most state criminal codes (e.g. property crimes, crimes against the person, etc). I would have put criminal homicide into a broader “crimes against persons” chapter heading to be consistent with subsequent chapters. The way subject matter is presented is both unclear and inconsistent which makes it confusing. Is that why robbery is classed with property crimes? Because a large number of states actually consider robbery a crime against persons, not property, but there’s no personal crimes chapter, so I guess that’s why robbery was put in with property crimes.

Consistency rating: 2

Modularity rating: 3

there is a general flow from one chapter to the next, and the chapters are so brief that it would be easy to assign small reading sections. as regards "self-referencing," I don't actually see a single source citation anywhere in here so I guess "self-referencing" isn't an issue either?

Organization/Structure/Flow rating: 2

I think some of the topic ordering is a little counterintuitive, at least to me, and so is how some of the topics are grouped. Affirmative defenses of Justification and excuse seem to be conflated here, and there are actually a number of really important substantive differences between the two categories. If you run a textbook search for “affirmative,” interestingly, the term doesn’t even pop up in either chapter on criminal defenses.

I do really like the exercises presented in each chapter, especially the ones in which students have to read a scenario and determine some point of law discussed in the chapter. When I was learning to teach at the undergraduate level, a wise professor once told me that the hardest thing in teaching would be to come up with lots and lots and lots of examples, because those are what help students best identify and begin to apply a concept they’re learning. And he was right! When I teach criminal law, when I’m teaching search and seizure, for example, I have to be armed and ready with dozens of examples. These exercises are really helpful in that regard.

I didn't experience any navigational difficulties

I didn't notice any glaring errors.

Cultural Relevance rating: 2

No examples, so no problems of potential offensiveness! makes little if any effort to connect subject matter within broader cultural context.

I wouldn't adopt this textbook for a college course. As it reads more like a superficial study guide, it maybe more appropriate for high school readers. My general impression is that it doesn't effectively equip students with the requisite knowledge they should have having taken a criminal law class. Everything in it seems pretty "dumbed down." I hate to say that, but that's really my overall impression. The subject matter is just not done justice (pun intended).

My first more specific impression opening this e-Book, though, is that the table of contents is not appropriately detailed. Without a detailed TOC as a “road map” through the book, it’s hard for me to assess whether the book actually addresses each criminal law sub-topic in appropriate order and depth… because no information whatsoever is provided that would tell me anything about topic order and depth! It’s also hard for me to see how one concept connects with the preceding and following. I see that a somewhat cursory TOC has been added as a tab on the righthand side of the text, but I have to say, it’s awfully superficial. Section 1.7 is called “End-of-Chapter Material.” What does that refer to? Section 1.6, “Sources of Law,” could mean any number of things (e.g., common law? Case law? Precedent? English legal heritage? Administrative regulations? Constitutions? Stare decisis? Statutory law? Codification? And so forth). If I were a student trying to locate a particular sub-topic in the book, the TOC isn’t much help. We all know that students have limited attention spans these days, so whatever can be done to make the topics more readily accessible and easy to locate would be helpful. The list of key concepts at the start of each section is helpful though.

My second impression upon opening this e-book is… bursting out laughing at the contents of the first page page, “Chapter 1: Introduction to Criminal Law.” I find the picture of a “Dodge Charger with a Police Package” to be a really bizarre photo to introduce a criminal law textbook. What is the point of that? Is this an "intro to policing" book? The picture isn’t even comprehensively illustrative of a tricked out police Dodge Charger, anyway. I don't get it.

I am also raising my eyebrows at the citation of the case quote on this page (BMW of North America, Inc., v. Gore.” Come on now, this is NOT how we cite to cases by any stretch of the imagination, regardless of whether you're a lawyer, academic, or student at any level. If you’re not going to provide the entire citation—which is really what should have been done here, because it contains a lot of important information—at least do the slightly less lazy party 1 v. party 2 (year).

Overall the first page looks to me like a pretty sophomoric attempt at starting Chapter 1. It doesn’t in any way draw my interest, and the photo and citation chosen to introduce both the chapter and entire textbook are puzzling. I am having a hard time understanding how those are illustrative of what’s to come in the chapter. All I can deduce is that the author has some kind of preoccupation with cars, given the dodge charger and BMW references!?

The first page of Chapter 1 sets the tone for the rest of the book, and as such, if I were a student I would be reticent to slog through any further.

Reviewed by Anne Douds, Lecturer, Penn State Harrisburg on 2/1/18

This introductory criminal law text covers almost all major areas of criminal law, but it would be nice if it covered the evolving fields of terrorism and cyber security a bit better. The table of contents is concise and provides useful... read more

This introductory criminal law text covers almost all major areas of criminal law, but it would be nice if it covered the evolving fields of terrorism and cyber security a bit better. The table of contents is concise and provides useful navigation. The lesson content is a bit brief and simplistic, but it is suitable for an undergraduate introduction to criminal law class.

The book uses neutral language, but the undertone of the content leans towards a civil rights/civil libertarian perspective.

Fortunately, criminal law evolves slowly, so this text should have good longevity. It does not cover much criminal procedure, but the portions of it that deal with procedure could become dated in the event of a major, reformative Supreme Court opinion (which is true of all criminal procedure texts).

Clarity is good. The book uses short, concise sentences. The format makes it easy to follow.

The formatting and content are consistent. The degree of difficulty of the content remains at the same level throughout the work.

It is divided into logical, easy-to-follow modules.

The book has natural flow and is organized in a very appropriate fashion.

So far as I can tell, the interface is fine.

I did not catch any errors.

The book stays within the middle of the political spectrum, with a slight tendency towards libertarian views.

Reviewed by Makeda Carr, Instructor, Virginia State University on 6/20/17

Reviewing the TOC provides a comprehensive overview of the subject matter found in typical Criminal Law textbooks. In comparison to another book, they cover the same material such as sources and limitations of law, jurisdiction and defining... read more

Reviewing the TOC provides a comprehensive overview of the subject matter found in typical Criminal Law textbooks. In comparison to another book, they cover the same material such as sources and limitations of law, jurisdiction and defining elements of a crime.

This text utilizes reliable sourced information that are accessible in the text to check for accuracy. I believe the book is presented in a neutral manner and is unbiased.

The information has a mixed of old and new content indicative of various criminal law books. Different types of dated content are necessary to understand application of law and diverse decisions by judicial bodies.

Clarity in this text comes from the chunked structure, followed by practical examples and exercises.

Yes. This book is consistent with the learning objectives, content and exercises to match objectives. The consistency should be helpful for those needing to be in compliance with Bloom's Taxonomy.

This book is complied nicely. Instead of reading a very long page of information online, the sections were divided by subject matter and thoroughly covered content in a succinctly.

A gradual intensity in content organization flowed well comparable to other texts.

Structurally, the text was easy to navigate and read. The charts and images were not distorted or distracting.

I did not identify any grammatical errors.

I did not get a sense that the book was culturally insensitive. The focus of the text was an introduction to the topic of criminal law and is neutral in its presentation of cases and facts.

I appreciate the unnamed author taking their time to write such a comprehensive text.

Reviewed by Stephone Addison, Assistant Professor, Southern University And A & M College on 6/20/17

The text is comprehensive. I have been teaching Criminal Law for over 20 years and have used several textbooks. This Open Source text covers, for the most part, every major subject in Criminal Law that was covered in prior textbooks that I have... read more

The text is comprehensive. I have been teaching Criminal Law for over 20 years and have used several textbooks. This Open Source text covers, for the most part, every major subject in Criminal Law that was covered in prior textbooks that I have used in the past. Although the book appear to lack a traditional index and glossary separate in the book, there are lots of information, links to other websites, etc to provide plenty of information regarding key terms and concepts.

The content in this textbook appears to be accurate. It provides many references (i.e., Books, Cases, Articles, Websites, etc.) many of which are used in most private industry textbooks of its kind.

The Content in this text is taken primarily from 2012. Since it is now 2017, it is probably due for an update. However, it was noted that University of Minnesota Library edited this material in 2015. Notwithstanding, a lot of the material used is still relevant for understanding Criminal Law concepts. The good thing here is that it appears to be a relatively easy process to update information which can make for an easy transition from old to new and thereby strengthening the longevity of the overall text.

The book is written in plain language that allows for clarity of information. It is relatively concise, straight forward and appears to be very user friendly for undergraduate students. Also, the book provides many examples and figures (visual aids and illustrations) that further explains many of the terms (technical and otherwise) for better understanding.

The text is, for the most part, consistent throughout in terms of the order or layout from chapter to chapter. Each chapter is consistent in its presentation (i.e., key areas of discussion subtitled under each chapter, objectives are provided for each subtitles and key concepts relevant to each subtitle). Also, diagrams, charts & figures are consistent in each chapter as well as scenarios, Key takeaways and exercises are provided at the end of each chapter. One caveat however is that the terms in blue are not always consistent in that some are links to other information and some of the terms are just written in blue.

Again, the book is arranged in a modular format via chapter and sections. Each chapter are broken down into sections which include relevant terms and concepts that directs back to the chapter. These sections allow the reader to keep learning and comprehension focused without running the risk of losing the chapter’s objectives. The text places the table of contents in the area prior to downloading the textbook. Probably would have been best at the beginning which would help with even better navigation. Nonetheless, the sections within each chapter still provides enough navigation within the chapters sufficient to maintain a reasonable flow of information.

This book displays good organization, structure and flow. The organization of the chapters pursuant to various criminal law subjects are relatively consistent with other texts that I have used in the past. The table of contents could have been better placed at the top of chapter 1, but not a deal breaker as for as organization is concerned. The structure is good, particularly, the alignment of the chapters with the charts, graphs, illustrations, videos, etc. Finally, the chapters provide a favorable flow from one area of criminal law to the next. Each chapter conclude with an “End-of-Chapter Material.”

I didn’t see any major problems with how the textbook interfaced with the reader. In some spots, I was not able to get back right away to original page after clicking on some of the illustrations. I had to go totally out of the page and back to downloads to get back into the text. Could be an issue with my computer, just not sure. Also, some links didn’t work and needed to be updated. However, a lot of the links did work.

I didn’t really encounter any substantial amount of grammatical errors. Again, some of the links perhaps need to be updated and/or refreshed.

I didn’t detect any problems here. Appeared to contain common issues relative to Criminal Law and Criminal Justice that may create some controversial discussion, but nothing appearing to be unbiased, culturally or otherwise.

I thought this textbook would be one I could be comfortable with adopting for my class. It contains the major topics, relative to Criminal Law, that are consistent with the topics in many of the leading textbooks for purchase and that I have used before. In conclusion, this book appears to be a good textbook overall based on the above reasons provided in the review above) and one that I may consider recommending to others.

Reviewed by Christina Mancini, Associate Professor, Virginia Commonwealth University on 4/11/17

The text appears comprehensive but the lack of a Table of Contents page makes it difficult to assess at first glance the scope of the work. read more

The text appears comprehensive but the lack of a Table of Contents page makes it difficult to assess at first glance the scope of the work.

It appeared very well researched.

It is written in a way that it could be easily updated by adding relevant cases (e.g., the text mentions a celebrated case of Casey Anthony to illustrate circumstantial and direct evidence. I can see such concepts being made relevant by a switch to the case du jour.

Great writing.

Consistency rating: 3

Decent, but again my concern was involving some of the framing and lack of TOC.

I think it has modularity.

Organization/Structure/Flow rating: 3

Good, but a TOC would have helped organize the general framing better.

The interface was well done.

The text was inclusive and relevant for today's criminal justice system debates and controversies.

I would have liked to know the author and the TOC should have been displayed at the front-end. Other than that, great work!

Reviewed by Shana Mell, Criminal Justice Professor, Virginia Commonwealth University on 2/8/17

Criminal law textbooks require a number of specific topics in order to meet the expectations of the course. This textbook contains those essential elements. The table of contents very clearly outlines each chapters and subsection so that... read more

Criminal law textbooks require a number of specific topics in order to meet the expectations of the course. This textbook contains those essential elements. The table of contents very clearly outlines each chapters and subsection so that students/instructors are able to identify each content area. An appendix contains a listing of relevant cited case citations for further review. There does not appear to be a glossary or index apart from the appendix but each chapter concludes with an "End of Chapter" section that lists answers to exercises, questions, case listings, summaries, and links to applicable cases, articles, and websites.

I found no evidence of inaccurate information or bias presented within this text.

This text follows the standard format that most criminal law texts adopt. Each subsection within the 14 chapters can be easily updated with seminal cases that may emerge. Most of the content within this text will remain intact but the format allows for efficient updates, as necessary. The author utilizes examples that will be of interest for a number of years.

This is where a number of criminal law/procedure texts fall short. This was one of the text's key strengths. This text was extremely accessible to students of all levels. It contained excellent examples and explanations that illustrated each of the main concepts. I especially enjoyed the author's writing style. I found the prose both well-written and conversational, which contributes to the strength of this text. The presentation of the material throughout each chapter was complemented by interesting examples and critical thinking exercises that encourage application of the material.

This text followed a consistent framework throughout. Each chapter was laid out in the established format containing each of the content areas. The material was presented with applicable exercises and questions throughout. Each chapter concludes with an "End of Chapter" section that lists answers to exercises, questions, case listings, summaries, and links to applicable cases, articles, and websites. I found the summaries and exercises especially useful. Key words are italicized for emphasis and quick reference. The chapters were easy to follow as they contained a number of subheadings to keep the material organized. Further, each chapter is made up of specific learning objectives that conclude with exercises and reference material.

Each chapter is made up of specific learning objectives that can be easily assigned based on content areas within the course. These objectives are fairly brief and contain exercises and reference material at the conclusion. I found this approach to be a key strength of this text since it offers a framework for assignment creation and discussion of key points within each chapter. When you look at how many learning objectives are actually contained within the entire text, there are hundreds of links to websites with reference material and exercises that students can complete independently or as part of a classroom discussion.

This text followed a consistent framework throughout. Each chapter was laid out in the established format containing each of the content areas. The material was presented with applicable exercises and questions throughout. Each chapter concludes with an "End of Chapter" section that lists answers to exercises, questions, case listings, summaries, and links to applicable cases, articles, and websites. I found the summaries and exercises especially useful. I also enjoyed the pictures, graphics, and illustrations used to develop the material. Each objective contains an interesting component entitled "key takeaways" that lists a sentence or two describing the main points to recall.

I checked a number of the links within the text and they all worked for me. I also used the table of contents to navigate through the text and was able to get to each section very easily. The table of contents and home buttons appear on the upper right corner and allow the reader to quickly locate the area that they need. The table of contents lists each chapter and unit by number and title (topic) for ease of use.

I do not recall noticing any grammatical errors. This is exceptionally important since a textbook and author lose credibility when there are a number of grammatical issues.

I found no culturally insensitive or offensive examples presented within this text.

I would certainly adopt this text. I found it as sufficient as any other criminal law text offered for purchase. In some areas (noted above as key strengths), it is superior to texts that I have read/used. I enjoyed reading through this text and plan to adopt it if/when I teach this course in the future.

Reviewed by Caoimhin OFearghail, Program Coordinator, Lane Community College on 8/21/16

This text covers all of the basic concepts found in other traditional criminal law survey texts with the exception of an instructional overview on reading and interpreting case reports—a significant shortcoming given the author’s heavy use of... read more

This text covers all of the basic concepts found in other traditional criminal law survey texts with the exception of an instructional overview on reading and interpreting case reports—a significant shortcoming given the author’s heavy use of external links to such reports. Though the text lacks both an index and a glossary, these are unnecessary in a searchable electronic document. A table of contents is likewise unnecessary in a PDF in which bookmarks have been added to navigate the contents of the text. Such is the case here; however the text, by default, should open with the bookmarks displayed. The lack of these traditional elements would only be inconvenient for the undoubtedly small percentage of students who prefer to print the whole book.

Bearing in mind that the purpose of the text is to provide a broad overview of the subject for undergraduate students, the key concepts and summaries are accurate.

Periodic updates will be necessary due to developments in both statutory and case law. The extensive use of links to external sites might pose a problem should the site addresses change.

The author’s vocabulary is appropriate to an undergraduate audience, and the author’s liberal use of simple sentences results in a very clear and accessible writing style. New terms are clearly introduced to the reader and subsequently integrated into the text; however, the author identifies these new terms inconsistently (see Consistency below).

The text is consistent in terms of both its visual and stylistic presentation, but less so in its introduction of key terms, which the author introduces or uses in italics, bold, and blue with no discernible purpose. The blue font, though more eye-catching, is confusing at times because it is also used extensively throughout the text for hyperlinks. To compound the confusion, the author chose not to underline these links.

The text is obviously designed as an integrated whole but could, with little effort, be rearranged to suit criminal law surveys of varied lengths or to suit an instructor’s specific approach. The chapters and sections also lend themselves for use as selected readings.

The author has organized the text in a manner that will be familiar anyone who has every used a survey text in substantive criminal law. The first half (comprising eight chapters) covers the “general part” of criminal law, providing an overview of the historical, theoretical and functional context of criminal law in the United States; its structure; its constitutional limitations; and its attendant concepts of criminal defenses, liability, complicity, and inchoate crimes. The second half (comprising the remaining five chapters), covers the “special part” of the criminal law—an overview of the most common criminal offenses arranged by type or family: criminal homicide, sex offenses and crimes involving force or fear, crimes against property, public order crimes, and crimes against the government. The sequential progression of this content is appropriate and the amount of space given to each topic is balanced for the most part though the author spends more time explaining the legal system than the traditional criminal law survey text.

Interface rating: 2

The author has included a significant number of graphic embellishments (to set off ancillary material from the body of the text) and graphic aids. Neither add much to the text and both are stylistically problematic—making too much use of unnecessary colors and graphic effects as well as contributing to a number of odd page breaks throughout the text. Some of the graphic aids are too complicated. Others employ an inappropriate graphic layout for the information being presented. For instance, on pages 46-48, the author uses three hierarchical charts to depict the nation’s tripartite system of government. What each chart actually depicts, however, is the bifurcated nature of the nation’s federal and state governments. As a result, the chart on page 47 seems to suggest that both the federal and state governments fall under a larger “executive.” Overall, the text would be better served by a more sparing use of graphic aids and embellishments. Some of the information might be better presented/summarized in a simple table format. The remaining charts would be more appealing and easier to comprehend if they were re-done in simple, black and white, line art. The graphics used to set ancillary materials (such as the “Crack the Code” exercises) should be removed and those materials set off by a pastel background (as the author has done elsewhere) or by a simple line border, and a different font.

There were a few minor errors in grammar and punctuation—no glaring problems—and overall it was quite grammatically solid.

Not applicable.

In its current form, most instructors will find that the text has too many shortcomings to be acceptable as a stand-alone survey text for an undergraduate course in criminal law; however, the text’s strengths—it’s clear, concise prose and topical comprehensiveness—make it an attractive candidate for use as a supplementary reference text.

Reviewed by Ann Su, Part-time Instructor, Portland Community College on 1/7/16

This is an excellent introductory text for undergraduates.The textbook does a good job of introducing the basic legal concepts of criminal law, but it would not be appropriate for a law school course as it does not have the depth or technical .... read more

This is an excellent introductory text for undergraduates.The textbook does a good job of introducing the basic legal concepts of criminal law, but it would not be appropriate for a law school course as it does not have the depth or technical . However, there is not a table of contents, index or glossary incorporated into the body of the text. This makes it rather difficult to navigate from section to section without having to scroll up and down unnecessarily through text to find things.

The book has an accurate presentation of general information given that the book is not meant to be a treatise in law school.

Most of the content is up-to-date and will not be obsolete quickly. However, there are external links that may expire and that may require vigilance by the instructor in ensuring the currency of the link. Updates should be relatively easy as the text is written in a modular way.

The book is written in a concise way that is extremely "user friendly" with accessible prose. The jargon/technical terminology is very approachable with good examples that are concrete and relatable to an undergraduate student. The usage of visual aids and formatting techniques to emphasize different concepts further aids the reader's understanding.

The text is internally consistent in style, terminology, formatting and presentation of information.

The text is written in a modular way that would be easy to reorganize without any disruption to the reader. If left in its current form, the text would benefit from subheadings that are numbered into even more specific subsets with indentations. e.g. 1.1(a)(ii) rather than 1.1. This would aid the reader in tracking concepts/linking of concepts substantively and organizationally.

The organization, structure and flow of the material is one of the greatest strengths of the book. It has a natural sequence that is appealing and logical.

This is the most challenging aspect of the text because of the lack of the table of contexts/index and glossary, navigation is a serious issue if not read sequentially. Images and charts are often distorted and the text is not always formatted in the most readable style--the consistent spacing of text is monotonous to the eye. Varying the paragraph and sentence spacing as well as ensuring page breaks and headings are logically placed is essential and missing in the text.

The grammar is fine with no noticeable errors.

The text is culturally appropriate.

Reviewed by Matthew Kane, Adjunct Professor, University of Oklahoma on 1/12/15

The author’s work itself is very strong. The book is topically sound, covering the appropriate subjects for an introduction to criminal law. Unfortunately, there is no index or glossary (or table of contents within the text). This concern,... read more

The author’s work itself is very strong. The book is topically sound, covering the appropriate subjects for an introduction to criminal law. Unfortunately, there is no index or glossary (or table of contents within the text). This concern, along with other issues I have with the text, are issues that should be resolved through the editing process. Unfortunately, these two components are covered in the same evaluation - comprehensiveness - resulting in a mediocre rating when the review would be better served to have highest marks for coverage and lowest marks for index/glossary/etc.

Legal texts, by nature, are always subject to criticism/dissection of particular case analysis, etc. However, this book deals with broad concepts appropriately.

Criminal law is always evolving. However, the core concepts provided in this text have and should continue to stand the test of time. My only concern would be with the number of hyperlinks utilized throughout the book (which intentionally utilizes links over the inclusion of extensive case excerpts), as even the most “stable” of sites occasionally change resulting in an inability to easily access referenced information. If adopting the text, I would consider saving all hyperlinked materials to a location over which the professor has control, thereby ensuring students would have access for the duration of the course.

The book’s clarity is one of its strongest features. The author does an excellent job of writing in understandable language with careful discussion and explanation of key technical terms.

The book is consistent in its approach, terminology and depth of treatment of the covered topics.

The book is arranged by chapter and then section – i.e., Chapter 9 is comprised of Sections 9.1 (Homicide), 9.2 (Murder), 9.3 (First-Degree Murder), 9.4 (Felony Murder), 9.5 (Second Degree Murder), 9.6 (Manslaughter), 9.7 (End-of-Chapter Material). The logical use of such section numbers allows for shorter assignment of readings. Again, I would note that the book would benefit significantly from the inclusion of a detailed table of contents to allow the professor and/or student to more easily appreciate the organization and potential for reorganization or sub-chapter assignments.

The book provides a basic introduction of criminal law, the US legal system and its constitutional protections before delving into traditional areas of coverage in a criminal law text – general elements of and defenses to a crime and specific offenses. As discussed in the previous response, the chapters are broken down into logical sections.

The book’s interface is one of its most disappointing features. Page breaks are often in the wrong place, fonts and spacing are inconsistent and many of the charts and illustrations are fuzzy and difficult to read.

I noticed several very minor grammatical issues but overall it was very well written.

The cultural relevance is appropriate for the course.

As a result of the "star" ratings system, this review may appear to be very positive. Indeed, the author should be applauded for creating a very strong manuscript appropriate for undergraduate students (and law students seeking to supplement their understanding of criminal law issues). Unfortunately, the text, as currently available, is extremely difficult to fully utilize given the lack of table of contents, index and glossary and the obvious need for a final polish to correct page breaks, font inconsistencies, and blurry charts. A professor interested in adopting this book should anticipate devoting significant time to revising and editing for use in his or her course -- work which could ultimately be broadly disseminated pursuant to the creative commons licensing. Absent such efforts, students would immediately appreciate the difference in this open textbook and a traditional one, likely to their detriment.

Reviewed by Ronald Den Otter, Associate Professor, California Polytechnic State University on 7/15/14

For a text aimed at undergraduates, very comprehensive; it covers all of the topics in criminal law that ought to be covered. read more

For a text aimed at undergraduates, very comprehensive; it covers all of the topics in criminal law that ought to be covered.

Here and there, one could quibble with descriptions of the legal rules and concepts or w/ the description of cases but all-in-all, it's accurate.

Definitely not out-of-date. The book provides plenty of contemporary examples and refers to new cases. Of course, at some point in the future, a new edition would be appropriate.

Probably its best feature. extremely easy to follow. I also liked the flow charts.

No problems at all. In fact, good transitions from one topic to the next and the book (and each chapter) were well-organized.

Please see comment above. Again, I thought that it was easy to read. There were not large pieces of text that were hard to swallow.

I thought that the orgzanization made sense. Some topics ought to be introduced before others. The introduction did a good job of setting up the rest of the book.

No problems at all.

Extremely well-written.

Again, absolutely no problems here.

It's hard to write a textbook about any legal topic that would be appropriate for undergraduates. from my experience, most existing textbooks are either too detailed (for law students) or too simplistic (almost as if thety're written for high school students). This book strikes the right balance. It's as good as any other text on criminal law that I've encountered so far.

Table of Contents

• Chapter 1: Introduction to Criminal Law
• Chapter 2: The Legal System in the United States
• Chapter 3: Constitutional Protections
• Chapter 4: The Elements of a Crime
• Chapter 5: Criminal Defenses, Part 1
• Chapter 6: Criminal Defenses, Part 2
• Chapter 7: Parties to Crime
• Chapter 8: Inchoate Offenses
• Chapter 9: Criminal Homicide
• Chapter 10: Sex Offenses and Crimes Involving Force, Fear, and Physical Restraint
• Chapter 11: Crimes against Property
• Chapter 12: Crimes against the Public
• Chapter 13: Crimes against the Government
• Chapter 14: Appendix A: Case Listings

Ancillary Material

About the book.

Criminal Law uses a two-step process to augment learning, called the applied approach. First, after building a strong foundation from scratch, Criminal Law introduces you to crimes and defenses that have been broken down into separate components. It is so much easier to memorize and comprehend the subject matter when it is simplified this way. However, becoming proficient in the law takes more than just memorization. You must be trained to take the laws you have studied and apply them to various fact patterns. Most students are expected to do this automatically, but application must be seen, experienced, and practiced before it comes naturally. Thus the second step of the applied approach is reviewing examples of the application of law to facts after dissecting and analyzing each legal concept. Some of the examples come from cases, and some are purely fictional. All the examples are memorable, even quirky, so they will stick in your mind and be available when you need them the most (like during an exam). After a few chapters, you will notice that you no longer obsess over an explanation that doesn't completely make sense the first time you read it—you will just skip to the example. The examples clarify the principles for you, lightening the workload significantly.

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Harvard law review launches online version of the bluebook.

Editors of the Harvard Law Review announced the launch of an online version of The Bluebook: A Uniform System of Citation on February 15. The standard citation guide for American legal writing, The Bluebook is widely used throughout legal practice, by paralegals, attorneys, professors, and students.

“It has been an exhausting year of work, but satisfying, often fun, and always a great education,” said Derek Alexander ’08, who created and led the project. “We answer citation questions daily from legal writing instructors and paralegals, but also from those further afield: from enlisted soldiers in Iraq helping prepare court-martial documents for officers defending and prosecuting American troops, and from foreign high courts interpreting a citation. This correspondence helps us understand the wide array of needs The Bluebook must meet, usually by the citation rules themselves, but sometimes through the means of presentation. We hope The Bluebook Online will meet many of those needs, and enable better access to citation guidance for legal writers generally.”

The new online format responds to longstanding requests for a fully-featured electronic edition of The Bluebook that is easier to search, use, and teach. It allows practitioners and students with jurisdiction-specific or publication-specific citation rules to combine them with the general rules of  The Bluebook , and it makes an essential tool of legal writing fully accessible to the visually impaired. The online version is also designed to allow future editions to address a wide array of foreign, international, and administrative material much more fully than is possible in the confines of a small printed handbook.

“This has been a yearlong project that took a tremendous amount of work, but I could not be happier with the final product,” said outgoing Harvard Law Review President Andrew Crespo ’08. “Students, paralegals and lawyers have been asking for an online version of the Bluebook for quite a while, and I’m so happy that we can finally offer such a professional and user-friendly website.”

Now in its eighteenth edition, The Bluebook was first compiled in 1926 by Erwin Griswold ’28 S.J.D. ’29, then an editor of the Harvard Law Review, and later dean of Harvard Law School. It is now published by the Harvard Law Review as a wholly student-run joint project of the Columbia Law Review , Harvard Law Review , University of Pennsylvania Law Review , and The Yale Law Journal .

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Passing the Bar: A Quick Reference Guide For Today’s Law Student

Allie Robbins

Managing Director of Institutional Partnerships at Helix Bar Review

Description

This book is designed to provide guidance to law students as they prepare to embark upon bar study. It covers topics such as how to make a study plan, strategies for successful bar study, tips for attacking each portion of the exam, taking care of your mental health, and preparing your loved ones for bar study. The book also provides weekly tips for use during the bar study period, and for exam day itself. The quick reference format allows students to easily access advice for whatever is most pressing to them at a particular moment.

This book provides a guide to bar exam preparation for all law students, but with a particular focus on those who aspire to be public interest or social justice attorneys, first-generation law students, those law students who do not come from families of lawyers, or who come from communities that are traditionally underrepresented in the legal profession. While much of the advice is universal, this book focuses on those students who are about to enter bar study and will not see your communities – or your future clients – represented on the bar exam. You may have found that your law school colleagues have received advice about how to study and navigate law school, when no one was there to advise you. This book aims not just to level the playing field, but to give you an edge when it comes to studying for the bar exam.

26,277 Words, 65 Pages in PDF

Second Edition Published December 2020

An audiobook of the 1st Edition is also available.

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