UVA Lawyer Spring 2011

Page 33

In print …

financially or through work in the precincts. He is an associate justice of the Arkansas Supreme Court and has been involved with Arkansas politics for 40 years.

In print …

American Factoring Law David Flaxman ’64 with David Tatge and Jeremy Tatge

BNA

The Animal Rights Debate: Abolition or Regulation? Gary L. Francione ’81 and Robert Garner

Columbia University Press The Delaware Trial Handbook David L. Finger ’88 and Louis J. Finger

www.delawgroup.com/dth The Delaware Trial Handbook, a treatise on trial practice and procedure in Delaware state courts, was originally published in 1994. After a change in ownership of the original publishing company, publication of the book ceased, and the copyright transferred to David Finger after his father’s death. Finger has updated The Delaware Trial Handbook and has made it available for free online at www. delawgroup.com/dth. The handbook offers novices and experienced attorneys alike invaluable information concerning procedural issues that arise during a trial. It includes coverage on the role of the attorney, pre-trial motions, selection of juries, different types of evidence, rules of evidence, order and burden of proof, opening and closing arguments, methods of examining witnesses, privileged communications and hearsay, measures of damages, jury instructions, verdicts, post-trial motions, and other topics as well. The 500-page book is annotated throughout with citations to judicial rulings in the State of Delaware. David Finger is a partner with Finger & Slanina in Wilmington.

62  UVA Lawyer / Spring 2011

This is the first comprehensive treatise on factoring law in America. It offers a detailed, practical analysis of legal and business issues faced by factors, their clients, account debtors, guarantors, third-party lenders, and taxation authorities. American Factoring Law is unrivalled in its coverage and analysis of asset-based lending and commercial finance. “Factoring is one of those things that most commercial lawyers know a little about,” begins the foreword. “The problem is that a little knowledge is a dangerous thing.” The authors, experts in the field, provide an excellent reference, a comprehensive look at factoring from its historical development to its use in tax planning. American Factoring Law presents an indepth analysis of the relationship between factoring and the Uniform Commercial Code, an explanation of the concept of security, detailed checklists on due diligence, and discussion of circumstances in which factors can exercise their own discretion. Other topics include credit risk and variations of factoring arrangements, from non-recourse to partial non-recourse to partial recourse to full recourse, to split risk, discussion of fees, even bankruptcy of clients or factors themselves. Armed with extensive knowledge and experience in factoring matters, the authors are nevertheless able to explain the ins and outs of the complex subject in a clearly comprehensible way. David Flaxman is general counsel of Rosenthal & Rosenthal, Inc., commercial old-line factors in New York City, founded in 1938.

In his latest book, Gary L. Francione speaks out about his abolitionist approach to animal rights: as long as animals are property, laws and industry practices requiring humane treatment will never provide meaningful protection. He maintains that there is no moral justification for using them for our own purposes. Francione’s coauthor, Robert Garner, defends a protectionist or welfare approach. He argues for animal rights that work toward

minimizing or eliminating animal suffering. He maintains that even though the traditional animal welfare ethic is philosophically flawed, it can contribute in a meaningful way to achieving animal rights ends. Each of the debaters delves into the moral status of non-human animals and the pros and cons of animal welfare reform. In their debate on the animal protection movement in the U.S. and abroad, Francione and Garner assess organizations such as PETA (People for the Ethical Treatment of Animals) that support improving the methods of animal slaughter. They also discuss American and European laws and

campaigns from both the animal rights and animal welfare perspectives. “This is a subject of extremely heated debate in animal studies and society at large, and Gary L. Francione and Robert Garner address it as no others can,” notes Gary Steiner, professor of philosophy at Bucknell University. Gary Francione is distinguished professor of law and Nicholas deB. Katzenbach Scholar of Law and Philosophy at Rutgers University School of Law-Newark.

“Thorough yet succinct, Justice in Blue and Gray is the best book so far to bring together all the legal conflicts that shaped the Civil War,” writes Michael Vorenberg, Brown University. Stephen C. Neff is Reader in Public International Law at the Edinburgh Law School.

food-borne illness litigation practice group. He has substantial mass tort and class action litigation experience and has argued before the Virginia Supreme Court and the U.S. Court of Appeals for the 4th Circuit.

Justice in Blue and Gray: A Legal History of the Civil War Stephen C. Neff ’76

Food Safety Law

Harvard University Press

James F. Neale ’98 and Angela M. Spivey

Law Journal Press As many as 76 million food-borne illnesses are recorded in the United States each year, and the mass production of food, widespread distribution, and new ways of tracking outbreaks have led to unprecedented litigation. Food Safety Law is the definitive guide to this complex and rapidly growing area, a reference source to navigate the many agencies, statutes, regulations, and case law involved. Food Safety Law delves into complex administrative areas, concentrating most on the FDA and USDA. From prevention and compliance to an outbreak and resulting litigation, the book takes readers through key topics, including: food safety threats, inspections, foreign objects in food, detection of outbreaks, recall strategies, causes of action and defenses, proving causation, insurance coverage, labeling requirements, and the latest legal issues as well, including, among others, obesity, cloning, and bioengineering. James F. Neale is a partner with McGuireWoods in Charlottesville, where he is cochair of the firm’s

Of all wars throughout history, none equals the Civil War in the role played by law and the number of legal issues and disputes decided in courts. In Justice in Blue and Gray: A Legal History of the Civil War, Stephen C. Neff offers the first comprehensive study of the array of legal issues that arose from America’s deadliest war. Many of these— sovereignty, civil liberties, pardons and amnesty, detention, the limits of executive powers—are just as relevant today. Justice in Blue and Gray delves into the most fundamental questions, such as the lawfulness of secession: was the Civil War a war in the true legal sense (the Confederate side thought so) or an exercise in law enforcement (the North thought so). The book also goes into less well-known legal aspects of the conflict—the use of the socalled “iron-clad” oath in which people had to swear not only to their present and future loyalty but also that they had always been loyal. Under such an oath many could commit perjury and be prosecuted for such. The book goes beyond the Civil War period to show how legal systems are tested in times of crisis. “Law is a constantly living, evolving subject,” writes Neff, “with the past gliding its way into the present (and the future) with a silence that is as deceptive as it is inexorable. Many—in fact virtually all— of the issues that faced the policy-makers of the 1860s are still with us today, in a more or less recognizable form.”

Social Innovation, Inc.: 5 strategies for Driving Business Growth Through Social Change Jason Saul ’96

Jossey-Bass Social Innovation, Inc. is not about corporations doing good for the sake of doing good. It’s about a new era in which corporations profit from social change. “The simple truth is that corporations don’t have a conscience, only people do. If we want to motivate business to solve social problems, we have to start from the assumption that companies

will only ever care about the bottom line.” The key is to find creative means of combining social change with market forces.

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