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Designed as an introduction to international law, this text explores the policies and actors that influence international legal decisions as well as diplomatic agreements relating to human rights, national boundaries and natural resources. Topics covered include the constitutive process, the role of international elites, state responsibility, and jurisdictional competency. This international perspective has applicability to both general international law courses and to courses or seminars with an international perspective on human rights, environmental law, war crimes, international boundaries or other related topics.
Professors at Harvard Law School developed this casebook to teach students with little or no quantitative background the analytical techniques needed to represent clients effectively. It explains decision analysis, games and information, contracting, accounting, finance, microeconomics, economic analysis of the law, fundamentals of statistics, and multiple regression analysis.
Hart & Sacks' The Legal Process: Basic Problems in the Making and Application of Law provides detailed information on the making and application of law. The casebook provides the tools for fast, easy, on-point research. Part of the University Casebook Series; , it includes selected cases designed to illustrate the development of a body of law on a particular subject. Text and explanatory materials designed for law study accompany the cases.
This edition offers detailed information about the current use of alternative dispute resolution techniques in a variety of settings. In its treatment, for example, of the problem of arbitration agreements in employment contracts and other contracts of adhesion, or recent controversies over mediator ethics, mediator credentialing, and required participation in court-ordered mediation, it contains abundant and timely discussion found in no other book on the market. The teacher's manual contains a large number of detailed exercises for classroom use.
This text contains chapter 2 of the treatise Processes of Dispute Resolution, Fourth Edition. It provides analytic structure to assist the reader in understanding negotiation, as well as readings to provoke thinking and discussion about bargaining in legal disputes.
Rau, Sherman, and Peppet's Arbitration provides detailed information on arbitration. The casebook provides tools for fast, easy, on-point research. Part of the University Casebook Series, it includes cases designed to illustrate the development of a body of law on a particular subject. Text and explanatory materials designed for law study accompany the cases.
This easy-to-teach casebook offers a clear explanation of the bankruptcy process. The text challenges the student with commentary and questions that explore both new and classical bankruptcy themes. The book is fully updated and addresses the 2005 amendments to the Bankruptcy Code, including means testing for consumer debtors, and the recent trend toward creditor control of the Chapter 11 reorganization process.
Gilson and Black's casebook provides detailed information on the law and finance of corporate acquisitions. The casebook provides the tools for fast, easy, on-point research. Part of the University Casebook Series; , it includes selected cases designed to illustrate the development of a body of law on a particular subject. Text and explanatory materials designed for law study accompany the cases.
A big-picture look at the history and principles influencing the Anglo-American institution of the law of land, this casebook provides the core materials for a property course. The format allows for a variety of teaching methods and applies easily to courses ranging from three to six hours. The ninth edition retains the organization and basic content of prior editions; however, it includes more introductory text to give students the necessary background before examining the difficult problems encountered in the law of property. Many sections have been reorganized to facilitate more efficient coverage of the material.
As a part of our CasebookPlus offering, you'll receive the print book along with lifetime digital access to the eBook. Additionally you'll receive the Learning Library which includes quizzes tied specifically to your book, an outline starter, and 12-month digital access to leading study aids and the Gilbert Law Dictionary. The included study aids are Real Property in a Nutshell, Acing Property and Exam Pro on Property. The redemption code will be shipped to you with the book. A big-picture look at the history and principles influencing the Anglo-American institution of the law of land, this casebook provides the core materials for a property course. The format allows for a variety of teaching methods and applies easily to courses ranging from three to six hours. The ninth edition retains the organization and basic content of prior editions; however, it includes more introductory text to give students the necessary background before examining the difficult problems encountered in the law of property. Many sections have been reorganized to facilitate more efficient coverage of the material.
This legal writing book is designed to help students learn and remember the basic elements of writing a legal memo. It focuses on the type of assignment that many young lawyers are given, which is to write a memo answering a specific legal question. It discusses each step in completing such an assignment, providing specific instructions and explanations. Students can also use this book as a reference when they begin practicing law.
After a quarter century in active use, this respected title has been revised and expanded in a collaboration between its original author, Professor Richard Danzig and Professor Geoffrey Watson of Catholic. The materials in this book are widely recognized as an invaluable complement to contracts casebooks. A mixture of essays, interviews, newspapers, and court records combines to take students behind appellate court opinions that are the staples of the first year law student's diet. By showing that facts are typically ambiguous and difficult to ascertain, that litigation narrows and thereby distorts experience, that race, class, gender, and quality of representation affect findings, that psychological variables often dominate practical, economic, and legal considerations, and that outcomes are often not what they seem, these materials raise fundamental questions about American law in general, and the law of contracts in particular. The Second Edition drops some material not now widely
This supplement uses the actual litigation documents from Anderson v. Cryovac, the toxic torts case portrayed in Jonathan Harr's best seller A Civil Action to explore issues in civil procedure. It can be used in conjunction with Harr's book and any civil procedure casebook to teach the first-year civil procedure course. It can also serve as the sole text for an advanced litigation class. The authors have arranged the documents from the case topically to illustrate every phase of the litigation process from notice to appeal. Their extensive notes and comments contain informative analysis of the legal, tactical, and ethical issues.
Haddad, Marsh, Zagel, Meyer, Starkman and Bauer's Cases and Comments on Criminal Procedure begins with a treatment of limitations of law-enforcement investigative procedures. The authors stress newer decisions, with reliance upon summaries of older decisions, to trace the development of the law in various areas. Topics include: Expert review of the limitations upon law-enforcement practices and procedures Confessions and interrogations Eyewitness identification procedures Materials related to problems in the context of criminal procedure are provided to remind the student that criminal procedure does not begin and end with police conduct and pretrial motions. Every chapter has been revised, updated, or expanded as the law has developed.
This casebook explores both the technical and policy issues associated with general principles of income taxation. The book is unrivaled in scope, depth of analysis, and flexibility. The materials facilitate focusing on either in depth coverage or broad policy issues for any particular topic. Within units, the material moves from the straight-forward to more complex rules, thus enabling each professor to make a decision as to the level of complexity which he or she wishes to reach in the course. The text can be used in a single course covering basic income taxation or a sequence of courses dealing with income taxation at either the J.D. or LL.M. level.
This casebook may get more attention today than ever before in its history. From the Russian invasion of Georgia to the on-going detentions at Guantanamo Bay, the use of suicide bombs, to the workings of the United Nations Security Council in a crisis like Darfur, some of the most pressing legal issues of the day are found in this branch of international law. The book: Brings together cases and materials on both the law governing the resort to armed force (jus ad bellum) and the law governing the conduct of force (jus in bello) Provides a dynamic introduction for students, scholars, and practitioners. In addition to adding important new cases from the International Court of Justice, the United States Supreme Court, Israeli High Court of Justice, and others, the second edition adds a completely new chapter on prohibited weapons that begins with nuclear weapons and ends with suicide bombs.
This casebook focuses on Article 9 of the Uniform Commercial Code, dealing with secured transactions in personal property. It incorporates and discusses recent revisions to the Code, which made the most significant changes in three decades. The fourth edition includes early leading cases interpreting Revised Article 9.
This book focuses on the special character of law in performing certain social functions. Presented are the salient aspects of criminal and civil procedure, alternative dispute resolution, aspects of judicial reasoning on the basis of precedents, especially in cases of manufacturer's liability in tort, certain aspects of the law of contracts, and aspects of international human rights law, including race law, and gender law, both at the national and international level-not in order to present a composite picture of the whole legal system but in order to test the success of the legal system in carrying out its basic purposes.
This book enlarges the perspective of comparative law to include the experiences of the non-Western world, which increasingly occupies the center stage in a global approach to the law. Accordingly, the book incorporates diverse legal materials from Asia, Africa, and Latin America. In addition, it includes a greatly enhanced methodological discussion that brings the book up-to-date with the latest debates in the field.
This casebook provides an overview of the wide range of legal and ethical issues facing lawyers in practice. As did prior editions, the Fifth Edition integrates discussion of the ABA's Model Rules, the ALI's Restatement of the Law Governing Lawyers, as well as case law, statutory law, and regulatory law governing lawyers. Many sections of the book are expanded and updated, including discovery abuse, ethics in electronic discovery, advertising and the Internet, simultaneous representation of corporations and officers, prosecutorial misconduct, and legal advising by government lawyers.
This book provides law teachers with a relatively simple, easy to use casebook to teach U.S. international taxation. The field is notoriously complex, more so, perhaps, than any other area of Federal tax law. The focus is on how the details of the tax law fit into a broader structure, which is described in the introduction. Enables students to fit the particular issues they are working on into a larger context, to develop an intuition for where the problem areas may lie. This new edition is updated to reflect numerous changes in the law since the second edition, including new provisions enacted in August 2010.
This casebook provides detailed information on federal courts and the law of federal-state relations. Part I explores the intersection of federalism and separation of powers that provide the constitutional foundations of a modern Federal Courts course. Part II covers jurisdiction, and Part III deals with Federal Court enforcement of Federal rights. The final chapter is devoted to certain technically complex questions of remedial interaction, notably the relation of federal habeas corpus to Section 1983. The Seventh Edition of this established casebook features a new co-author, Curtis A. Bradley of Duke, and, to an extent, a new agenda. In line with Professor Bradley's interests, the intersections between federal courts and international law have been developed in considerable detail. Additionally, the Seventh Edition features a completely restructured habeas chapter, designed to present this increasingly complicated body of law in an more approachable manner. Topics include:
The Fourth Edition is designed to bring home to students the role of the law of sales, whether domestic or international, in resolving the most significant kinds of disputes that arise from commercial transactions today. This casebook provides detailed information on major U.S. commercial statutes and important international conventions that provide uniform law for the international sale of goods. The focus of these materials is on those issues in the law of sales that are most likely to give rise to controversy. Such issues arise when goods delivered by sellers are found by buyers to be unsatisfactory. The principal areas of concern are sellers `obligations with respect to title and quality and buyers' legal remedies for sellers' failures. For the most part, these controversies become manifest after performance has been completed. Another set of issues concerns the parties' rights and duties when controversies arise in the course of performance, the choices that aggrieve
This casebook provides detailed information on professional and personal responsibilities of the lawyer. It also provides the tools for fast, easy, on-point study. Major changes reflected in the 2011 3rd edition include: Four 2009-2010 cases by the US Supreme Court on competence of counsel in criminal trials Federal regulation of securities lawyers under Section 307 of the Sarbanes-Oxley Act and detailed Securities and Exchange Commission (SEC) rules promulgated thereunder. Major revisions to ABA Model Rules 1.6 (client confidences) and 1.13 (organization as client) to address issues arising in the Enron and Worldcom bankruptcies. Controversies that have arisen concerning the ethics of government lawyers since the last edition of this book in 2001, including political influences on US attorneys, interrogation and trial of detainees in the war on terror, etc. The recent increase in the number of litigants representing themselves pro se and changes in ABA
This is the 2011 Supplement to Miller, Dawson, Dix and Parnas' Cases and Materials on Criminal Justice Administration, 5th law school casebook. The supplement contains cases decided since the release of the casebook, as well as expertly drafted notes and questions for classroom discussion.
The 11th edition of this comprehensive casebook continues the tradition of offering instructors a rich theoretical, historical and political context for the cases. At the same time, recognizing changing pedagogical demand, the book offers a leaner presentation of many topics and more cues for helping students navigate the book. The richness of this book supports different kinds of courses, as well as different pedagogical priorities and interests: 3-hour overview course 4-hour overview course advanced level course Sample syllabi from each type of course are available on the casebook's website at http://www.gellhornbyseadminlaw.com/.
This casebook provides a thorough examination of the law of mass media, providing principal court opinions, explanatory text, and questions for discussion. Topics include the American legal system, introduction to freedom of expression, defamation, privacy, liability for emotional and physical harm, copyright and trademark, national security, obscenity and indecency, advertising regulation, press coverage of the administration of justice, confidentiality, newsgathering from non-judicial public sources, ownership of the media and related problems, access to the media, introduction to broadcasting, and legal control of broadcast programming. In this edition, Internet and new media topics, including net neutrality and other current issues, are integrated into the other materials.
The Concise Edition continues a long tradition of innovation the casebook is widely known and prized for. This new-style edition delivers an up-to-date overview of U.S. Family Law that weaves together a thoughtfully-edited blend of black-letter rules, policy, narrative, history, and transnational sources, with theory judiciously sprinkled throughout. The resulting mix is a casebook that introduces the full range of Family Law topics in a manner that is direct, unadorned, accessible and distinctively teachable. This edition is ideal for instructing students on major highways of the field with materials that capture and convey their dynamism, interest, and future directions.
This book examines the impact of law on the American healthcare system. It covers: * Access to, and nondiscrimination in, the provision of healthcare * The regulation of healthcare insurance, financing, and quality * The business of healthcare under antitrust, tax, and fraud and abuse laws The book strives to link extensive legal discussion to the broader policy and social context that ultimately shapes healthcare in America. With discussion of the Patient Protection and Affordable Care Act throughout, the book has been designed to serve both law schools and health and public policy programs.
This casebook takes a very broad view of environmental law, encompassing the regulation of private and public land use, protection of wildlife, and pollution control and remediation. It provides sufficient breadth for any introductory environmental or natural resources law course. The text also strikes a balance by focusing in detail on those portions of the statutes that raise particularly interesting or important conceptual issues. Throughout, the authors highlight perpetual controversies, such as the nature of human relationships to nature, and the appropriate extent of individual control over natural resource use. The sixth edition contains problems to help students develop and test their facility with the materials in the text and the concepts underlying those materials. This sixth edition has new chapters on international environmental law issues and on enforcement issues.
The casebook is the first comprehensive set of teaching materials for this fascinating and increasingly important area of law. The field of historic preservation law encompasses many topics, from urban revitalization to Native American cultural sites, which are interesting to students and vital to contemporary practice. It contains carefully selected and edited cases, statutory and regulatory provisions, scholarly analysis from diverse fields, and original explanatory text. The authors included illuminating photos and drawings throughout the casebook. Historic Preservation Law gracefully supports teaching a specialized law school course or an introductory law course in a planning, historic preservation, or architecture school.
This casebook provides detailed information on admiralty and retains the basic structure and organization of the prior editions. The book provides the tools for fast, easy, on-point classroom discussion and study, while including selected cases designed to illustrate the development of a body of law on a particular subject. Text and explanatory materials designed for law study accompany the cases. The structure and organization of the casebook provides flexibility, so that the instructor can easily design an admiralty course that covers either the jurisdictional aspect of admiralty law, the substantive law of admiralty, or both.
This book explores the technical and policy issues associated with partnership and S corporation taxation. It is adaptable for use in 2-, 3-, or 4-credit-hour courses at either the J.D. or LL.M. level. Its organization allows for flexibility to suit the individual instructor's choice of method and scope of coverage. The fifth edition encompasses recent statutory and regulatory changes and discusses significant decisions affecting federal income taxation of partnerships and S corporations.
This is a comprehensive casebook on federal income taxation of corporations, focusing almost entirely on issues arising under Subchapter C of the Internal Revenue Code. It is aimed at students who have already completed a basic course in federal income taxation, and so have an understanding of basic tax concepts. In addition to helping students understand the statutes and their administrative and judicial overlays, the book encourages them to evaluate the law and the various proposals for changing it. Attention is given to identifying long term trends and challenges.
This casebook introduces the theory and practice of regulation. Using rich, ready-to-use materials, the book integrates classic and contemporary concepts in regulation, illustrating their significance to legal practice, society, and the economy. A pioneering casebook, authored by a leading scholar of regulation, offers an overview of concepts and analytical tools used in most areas of law, laying the necessary foundation for regulatory and statutory analysis. Tested in the classroom, the book offers a framework for a first-year or upper-level course. The book is designed to familiarize students with a wide range of regulatory and statutory materials and analytical techniques. Students have the opportunity to appreciate jurisprudential developments in regulation through classic cases such as Munn, The Slaughter-House Cases, Lochner, New State Ice, and the 2012 National Federation of Independent Business, as well as the study the Great Recession and financial bubbles.
Emily Sack joins Elizabeth M. Schneider, Cheryl Hanna, and Judith G. Greenberg in this edition of Domestic Violence and the Law. The casebook maintains its focus on examining domestic violence through a variety of theoretical, practical, and interdisciplinary lenses. It remains the most comprehensive casebook on domestic violence. This edition captures the continued growth in domestic violence law and expands upon recent Supreme Court cases. The notes are rich with information, citations, and problems. The book includes excerpts from a variety of sources including fiction, amicus briefs, academic articles, practice materials and personal narratives.
The third edition contains an all-new section on the major threats to biodiversity, including several chapters detailing the impact of climate change and the emerging legal and administrative issues that are arising in response to this development. The book further defines biodiversity, outlines factors in choosing among different policy approaches for its protection. The authors include original notes and questions to stimulate class discussion.
Prompted by mounting changes and mounting confusion in constitutional evidence law and by the new restyling of the Federal Rules of Evidence, this edition presents the familiar student-friendly textbook, now with these improvements: Presents and digests the latest Confrontation Clause caselaw, including Williams v. Illinois, 132 S. Ct. 2221 (2012); Fully incorporates the restyled Federal Rules of Evidence; Surveys the latest scholarship and caselaw to assess the current validity of a range of forensic sciences; Presents new cases and problems throughout, while carefully retaining tried-and-true teaching tools, however old, that have shown no sign of wear. As with past editions, this new text addresses the intricacies of evidentiary law in a way students will find both engaging and intellectually compelling. The casebook and accompanying rulebook are wholly integrated, with paginated cross-references that encourage students to consult legislative history.
With the appearance of the Tenth Edition, this book enters its sixth decade. Throughout its long history, this casebook has relied on classic cases to capture the fundamental principles of contract law, and this edition reinforces that tradition. This new edition preserves and builds upon the book's distinctive character, especially its use of canonical cases, its sensitivity to the history and evolution of doctrine, and its close attention to the legal consequences of breach. The newly added cases show how the basic principles of contract law continue to apply across a wide range of transactions. As before, this edition eschews any distinctive take on the law of contracts and thus allows each teacher using the book a broad range of choice on what to bring in to channel or expand classroom discussion. The most visible alteration in this edition is an expanded treatment of the important problem of contract interpretation. A significant amount of new material has been added, but the length of the book remains about the same. This edition both covers recent developments and maintains a manageable length. The Teacher's Manual has also been extensively revised.
This casebook is the first to cover federal habeas corpus comprehensively, presenting postconviction review and executive detention litigation in an accessible way. It is designed both for standalone courses on habeas corpus and for courses focusing on postconviction litigation, wrongful convictions, and national security detention. The first two chapters introduce students to the habeas privilege and the Suspension Clause. A four-chapter unit on postconviction litigation carefully explores cognizability, procedural doctrines, and merits adjudication. Two chapters develop the role habeas plays in review of immigration and other types of civil detention. A substantial two-chapter unit examines habeas review of military custody.
The second edition of this casebook treats the subject of aggregate litigation as a coherent whole. The new authors have preserved the original focus while updating, revising, and enriching the discussions of particular topics. The materials on class actions have been tightened and reorganized, reflecting recent judicial decisions that have made class actions harder to certify; and the materials on other procedural devices, including consolidations and arbitration, have been strengthened. The discussions contain more information about litigation strategies, judicial practices, financial considerations, and empirical findings.
This is a completely new trusts and estates casebook and takes a new approach in its material and structure. The book includes a toolbox section, introducing students early on to the basics of wills, trusts, powers, joint tenancies, life insurance, and miscellaneous other forms. Thus, this book organizes material around planning properly, rather than around litigation. The book also covers barriers to succession, such as the rule against perpetuities, slayer statutes, revocation, and litigation (mental capacity, no-contest clauses, and the like). Rather than including long and lightly edited cases, this book utilizes several case squibs that illustrate different factual scenarios for each legal issue followed by the court's decision and reasoning. The book also includes many statutes with lengthy analyses of the different types of statutes using the UPC as the primary model. The author also includes practice points, tax tips, and technology traps throughout the entire book. There are numerous problems throughout the materials, with the answers located at the back of the book.
This law school casebook provides a detailed examination of secured transactions in both the commercial and consumer context. The Ninth Edition treats in detail the provisions of Article 9 (Secured Transactions)and the 2010 Amendments to it. Recent important cases applying Article 9's provisions have been added. New problems and notes are integrated with cases to allow convenient treatment of statutory innovations. It retains the mix of problems and cases present in previous editions. New forms are included. The accompanying Teacher's Manual is comprehensive, explaining the material and thoroughly analyzing the problems in the text.
This is a clear, concise, and accessible introduction to legal research and writing. The text of Introduction to Advocacy: Research, Writing and Argument includes examples and helpful tips about effective writing, as well as warnings about common mistakes students should avoid. In addition, the authors added a new chapter on rule synthesis. The book also includes a new, full-length memorandum and two updated briefs.
This casebook on federal income taxation contains detailed text and explanatory materials. The seventh edition covers recent regulations, rulings, cases and other new developments, including the many changes made to the Internal Revenue Code by the several tax acts that Congress passed since the prior edition.
This title is the classic exposition of the origin, history, and intellectual and practical unworkability of par value, stated capital, and other components of legal capital ; the critical owners' equity corner of the balance sheet. Legal Capital is widely credited with pioneering the introduction of the balance sheet, equity solvency tests, and other reforms into the Model Business Corporation Act and corporation statutes in over 30 states. This edition adds new historical material, updates the statutes and caselaw on dividends and other distributions in the U.S., and compares the evolution of legal capital in countries around the world.
This supplement is designed primarily for use with Michael M. Greenfield's casebook, Consumer Transactions, 6th Edition, and includes the statutory and regulatory materials referenced in that work.
This casebook focuses on the large issues of doctrine, theory, and policy that disability rights law raises in employment, government services, public accommodations, healthcare, housing, and education. This book focuses less on identifying the rules of disability rights law and more on exploring the big questions through longer excerpts from a smaller number of cases. It includes textual notes examining key theoretical and policy questions. The new edition includes: Updated discussion of the ADAAA and new EEOC and DOJ regulations Deinstitutionalization litigation Standing and pleading requirements in public accommodations litigation The implications of the Affordable Care Act Other topics
This undergaduate text uses original essays, cases, and materials to study the very enterprise by which a constitution is interpreted and a constitutional government created. It explores the American polity as both a constitutional and democratic entity. This volume is organized around a set of basic interrogatives: What is the constitution that is to be interpreted? Who are its authoritative interpreters? How do they go about their interpretive tasks? The new edition has been updated to include important new cases decided through the 2012-13 Supreme Court term.
This casebook remains the most comprehensive available on water law. It gives extensive coverage to both Eastern and Western common law, customary and statutory allocation systems, Indian water rights, and interstate allocation law and the historical forces that produced these systems. It also covers the federal government's historic role in constructing irrigation, flood control and navigation projects and the changing roles of local water supply organizations. All chapters emphasize the challenges that states and the federal water resources agencies are facing such as climate change adaptation, environmental restoration and the reallocation of existing entitlements.
Approximately 25 cents out of every dollar spent by American consumers is for a commodity regulated by the Food and Drug Administration. The agency has jurisdiction over food, drugs, cosmetics, medical devices, biological products, animal food and drugs, and tobacco products, as well as electronic products that emit radiation and products that spread communicable disease. FDA regulation thus touches the production and sale of most products that fill the shelves of our supermarkets and drug stores and virtually every product prescribed or used by the medical profession. The agency's responsibilities range from the simplest foods and personal care products to the most technologically sophisticated innovations of biotechnology and medical engineering. Food and Drug Law is the law governing the actions taken by FDA and its sister agencies to oversee the safety of this vast universe of products, to ensure that their labeling (and in some cases advertising) is accurate and informative, and to shepherd safe and effective new products onto the market. The book contains many court cases, but to reflect the diverse forums in which food and drug law is developed and enforced, the text also contains many other types illustrative materials: Federal Register preambles, warning letters, regulatory guidance documents, Congressional hearing testimony, scholarly articles, newspaper opinion pieces, and many others. In addition, the book offers a generous amount of original content, in which the authors guide the reader through the complexities of the statutory and regulatory scheme. Moreover, like past editions, the Fourth Edition includes numerous illuminating notes, which offer a gold mine of fascinating examples of the law in action. The Fourth Edition, like previous editions, is extraordinarily valuable for practitioners. But notably, the book has been reorganized and edited so as to make it more useful than ever for students and professors. Much important contextual material has been moved to the front of the book, so students will grasp essential administrative, jurisdictional, federalism, and enforcement issues before mastering the intricacies of the product-specific chapters. The casebook thus provides an introductory window into administrative law for students who have not yet taken the basic Administrative Law course, as well as for first year students taking Food and Drug Law as an elective. The chapter on human drugs has been thoroughly reorganized to improve its comprehensibility. Throughout the book, other changes to organization and presentation have been made with professors and students in mind. The Fourth Edition is completely updated through the early fall of 2013. It includes a new chapter on tobacco regulation to reflect the responsibilities FDA acquired under the Family Smoking Prevention and Tobacco Control of 2009. It also incorporates all the other statutory amendments since 2007 (for example, the Food and Drug Administration Act, the Food Safety Modernization Act, and the Food and Drug Administration Safety and Innovation Act). Every major development of the past six years is addressed, from the significant First Amendment cases to the preemption of tort suits to the drug compounding crisis to the regulation of bioengineered salmon.
Modern Intellectual Property Law, 6th Edition, is a cutting edge casebook that tackles major issues from the rise of social media and the computer industry to the changing nature of unfair competition law. It features cases involving the giants of our age such as Apple, Amazon.com, Microsoft, Facebook, Google, LinkedIn, and YouTube. It also covers the major changes in the patent law with the American Invents Act and unique trademark cases such as those involving Christian Louboutin shoes. In addition to fascinating cases and interesting statutes, Modern Intellectual Property Law, 6th Edition provides interviews with intellectual property creators to illustrate major issues.
This title offers an engaging and comprehensive overview of how American courts use research and testimony from the social sciences in reaching their decisions. It incorporates Daubert v. Merrill Dow Pharmaceuticals, Inc., the United States Supreme Court's landmark decision on scientific evidence. In addition, new Daubert-based cases are integrated throughout the text. The eighth edition offers a completely revised and up-to-date treatment of the increasing critical role that social science research plays in both federal and state judicial opinions.
This updated casebook serves a course in introduction to legal reasoning. It is designed to initiate students in the legal methods of case law analysis and statutory interpretation. In a course of this kind, students should acquire or refine the techniques of close reading, analogizing, distinguishing, positing related fact patterns, and criticizing judicial and legislative exposition and logic. Law students' introduction to law can be unsettling: the sink or swim approach favored by many schools casts students adrift in a sea of substantive rules, forms and methods. By contrast, the Legal Methods course seeks to acquaint students with their new rhetorical and logical surroundings before, or together with, the students' first encounters with the substance of contracts, torts, or other first year courses. This approach may not only be user friendly; it should also prompt students to take a critical distance from the wielding of the methods. In this way, students may avoid (or at least broaden) the tunnel vision that so often afflicts beginning law students.
This cutting-edge casebook provides materials for use in law schools and in other higher education programs. The new edition continues its full coverage of core topics involving faculty (tenure, governance, and academic freedom) as well as public/private/for profit distinctions, accreditation, admissions and financial aid. It includes a new case study of the Penn State crisis and materials on key new federal regulatory mandates concerning gainful employment, Title IX sexual assault guidance, and direct threat analysis under Title II.
This casebook is the authoritative introduction to public land and resources law. Case studies, case notes, and examples illustrate legal points with special attention to historical and social context. Thought-provoking questions facilitate classroom discussion. This new edition is completely updated, including thorough revisions of all chapters, considerable streamlining, and many new principal cases. It includes a new chapter on energy resources, which covers fossil fuel leasing as well as renewable sources of power. The new edition increases emphasis on climate change, marine conservation, hydraulic fracturing, solar and wind energy, and other topics of contemporary interest.
This casebook offers instructors maximum pedagogical freedom to craft an exciting course using seminal U.S. Supreme Court cases, legal scholarship, social science research, interdisciplinary essays, and over 175 illuminating problems. Building on the strengths of the earlier editions, the Fifth Edition features relevant excerpts of law review articles, as well as significant media reports (which includes insights from respected legal experts and other commentary), noteworthy state and lower federal court decisions, emergent social science research, illustrative web links, and multiple, hypothetical problem-solving opportunities throughout a text that maintains its relevance and user-friendly structure for new and old adopters alike.
How should students begin their legal education? Professor Peter Strauss's innovative materials build on a Columbia Law School commitment reaching back to Karl Llewellyn's Bramble Bush-that legal education should start with orientation to the materials lawyers use and the institutions they deal with. Like its predecessors, the third edition builds both case analysis and statutory interpretation skills, with an increasing emphasis on the latter. After a general introduction, four chapters deal with three historical stages in American legal development Karl Llewellyn and Grant Gilmore had identified- Discovery at the nation's beginnings; Faith as judges turned formalist in the late Nineteenth Century; Anxiety as progressive legislation challenged judges and legal realism emerged -and Modern Times, the current day. Each chapter presents both case and statutory materials-simple at first and gradually becoming more complex, with statutes increasingly dominating. The first three of these chapters, Discovery, Faith, and Anxiety, follow the development of product liability law, wholly a common law matter, and workplace injury law, which begins in the courts and is displaced by statutes. The distribution of authority between federal and state courts, that begins with Swift v. Tyson and ends with Erie RR v. Thomson, is a secondary theme. That displacement is signaled, for teaching purposes, by the Railroad Safety Appliances Act of 1893. Innovative teaching materials reflect the realities of law practice by engaging the students with practical problems the railroads were required to solve, legislative materials they would have been attentive to, and Interstate Commerce Commission reports on the negotiated implementation of the Act, hours before they encounter the first judicial dealings with its interpretation. That they will quickly reach an understanding of the statute that initially eludes the judges is, in itself, an important lesson. Modern Times, brings product liability developments through the ALI's Third Restatement of Torts. On the statutory side, a unit on litigation fee reimbursement, structured along the same lines as the Railway Safety Appliances Act materials, engages students in contemporary congressional materials and lawyers' briefs, in the courts' increasing struggles over interpretive technique, and in the difficulties of contemporary legislative-judicial conversation. The interpretive debate is then revisited in extensive passages from the writings of Judge Stephen Breyer, purposivist, and John Manning, textualist, supplemented by many shorter excerpts from the literature. The chapter ends by setting three interpretive problems for students to resolve for themselves before turning the page to discover how the Supreme Court very recently resolved them. In proceeding from the early 19th Century to the greater complexities of the current day, then, the casebook explores the sources, forms, and development of law, the analysis and synthesis of judicial precedents, the interpretation of statutes, the coordination of judge-made and statute law, and the uses of legal reasoning. Understanding that today's lawyer must often deal with transactions governed by the civil law, the dominant legal system in much of the rest of the world, the casebook attempts briefly to expose the student to its development as well. With this casebook, a student will have acquired skills essential to work in other law school classes, an appreciation for the changing styles of legal analysis that American jurists have brought to their work over time, and an awareness of current disputes about the modern role of judges, particularly in relation to the work of legislatures.
This classic casebook provides students and novice antitrust teachers the tools to deal with modern antitrust law and policy, including basic economic terms and concepts. For the advanced scholar, the casebook draws upon a rich set of cases, guidelines, scholarly commentary, briefs, and newspaper articles to motivate discussion of how policy goals are implemented by judges, practicing lawyers, and government policy makers. The book commences with foundational material spanning across antitrust claims, then proceeds to detail modern and classic approaches primarily to Sections 1 and 2 of the Sherman Act and Section 7 of the Clayton Act. The casebook concludes with important immunities and defenses. The update streamlines much of the case discussion to focus more on modern approaches, and eliminates chapters that are typically only taught in an advanced antitrust course.
The Fifth Edition, like earlier editions, explores in depth in a single volume both the technical and policy issues associated with taxation of partnerships, C corporations, and S corporations. It is specifically designed for a course focusing on comparison of partnerships, C corporations, and S corporations, while presenting selected in-depth coverage of advanced issues. Adaptable for use in a wide variety of courses or sequence of courses dealing with taxation of business organizations at either the J.D. or LL.M. level, it can be used to teach partnership taxation, basic corporate taxation, or corporate reorganizations. Arrangement of both the subdivisions within the chapters and the Detailed Analysis following the principal cases, revenue ruling, or introductory overview text, facilitates assignment of selected portions of the material on any particular topic to suit the individual instructor's choice of method and scope of coverage. Within each section, the book moves from the straight-forward to the more complex rules associated with the topic. The Fifth Edition of Taxation of Business Enterprises is accompanied by a comprehensive Study Problems for classroom discussion.
This innovative casebook explores and integrates the legal and policy aspects of health care financing/delivery, and of public health. In a readily teachable format, the casebook delivers a critical analysis of the design and governance of the American health care and public health systems. The casebook provides comprehensive coverage of the organization, financing, and delivery of the individual health care and population/public health systems. It also explores the deep interconnections between these two systems and the critical role of the Affordable Care Act in shaping future legal oversight. The book thus challenges students to think about how the legal doctrine governing both systems has developed over time, and how it should evolve going forward. It represents the most up-to-date and systematic coverage of the health system in the new era of the Affordable Care Act and does so in a highly accessible and engaging pedagogic style.
The concise version of Business Organizations, Cases and Materials, Eleventh Edition includes materials on Limited Liability Partnerships and Limited Liability Companies. This edition continues the approach of earlier editions in emphasizing rich, full-bodied versions of the principal cases, and a functionalist approach to the problems of contract law. The new edition includes a great number of new principal cases and case notes, as well as longer, analytical notes. The emphasis of previous editions on international contract law continues.
The third edition updates its predecessor by including material on important recent developments. In addition to general updating on matters such as gender equality, federalism and affirmative action it expands the treatment of dialogic forms of judicial review. The treatment of constitution-making has been expanded to include discussions of popular participation and of the possibility that constitutional amendments might be held unconstitutional. The book continues to have a substantial discussion of the treatment of emergencies in the world's constitutional systems. The authors also reorganized, updated and expanded: * The chapters on courts and constitutionalism. * Materials on social and economic rights in the last chapter. * The discussion of freedom of expression.
This is a problem set to accompany McMahon and Simmons' Study Problems to Federal Income Taxation of Business Organizations 5th. However, the problems can be used with any text on this subject. The problems are organized to correspond with the chapter and section headings of the casebook and, in general, the solutions can be found within the material presented in those sections.
This supplement brings the main casebook up to date with recent changes in the law.
This casebook is designed with an emphasis on accessibility, includes many discussion problems and questions focusing on real-world application, and gives students a solid grounding in the basic principles of administrative law that they might come across in regulatory practice. While it pays due attention to the historical evolution of the doctrine in certain areas, this casebook focuses more heavily on current standards. Administrative law as a subject matter encompasses some very interesting theoretical discussions. Rather than remain strictly theoretical to the point of bordering on encyclopedic, this book tends toward the more practical, while still including enough reference to theory to enable a professor who wants to introduce more theoretical discussion into the classroom to do so. The new edition includes sufficient material to support an advanced administrative law course taught to students with previous exposure to the regulatory state. The author created additional teaching resources to assist in using the book for such a course. The casebook is supported by an extensive teacher's manual and website
This casebook contains the fundamentals for a lively, contemporary course in elder law. It emphasizes illustrative factual cases and statutes, and is supported by materials from elder law practitioners and statistical data. It is distinctive in its emphasis upon state and federal court decisions, not simply recitation of statutory provisions. Elder law is of burgeoning historical and social importance. Statistics indicate that by 2030 almost one-fifth of all Americans will be 65 or older. Among the legal issues pertinent to an aging population are estate planning objectives in the context of possible incapacity, integrating nonprobate and probate transfers, asset protection planning, philanthropy and dynasty options, and beneficial tax planning. Recently enacted statutes provide guidance in personal health care decision-making and designating guardians and surrogates to exercise authority when needed. And clients and institutions require legal assistance to navigate federal benefits such as Medicare, Social Security, Veterans Benefits, and the interaction of state-federal Medicaid opportunities. Statistics also indicate that almost two-thirds of all individuals over age 65 will need some form of long-term care. For many, the choices will involve home care or some form of institutional care, with payment derived from private funds, insurance, or government assistance. All of these options will involve legal parameters.
This innovative skills supplement allows teachers in courses on administrative law or statutory and regulatory programs to supplement their substantive coverage with skills instruction in statutory analysis designed to reinforce the doctrinal coverage of their courses. Skills covered include working with statutes to understand statutory programs and develop a framework for analysis, using the framework to identify the key issues and operative terms, parsing the text to understand the operative terms in context, and developing interpretive arguments and analysis for ambiguous terms. The book uses a combination of explanatory materials, specific examples, practical exercises, and comprehensive problems to teach students how to analyze statutory issues. All of these materials are selected to reinforce the substantive coverage in courses such as Administrative Law, Regulation, and Legislation, including introductory first-year courses as well as upper level courses. The examples and exercises are based on leading statutes and cases for the modern regulatory state, and the materials are arranged and presented flexibly so the book can be used in a wide variety of courses and course designs.
This casebook covers all the major aspects of real estate transactions, running the gamut from residential transactions to sophisticated commercial development. Highlights of the new edition include revamped mortgage materials to reflect the subprime and mortgage finance crisis, ensuing foreclosure issues, and new regulation; new cases and materials on the core elements of the real estate transaction, including contract conditions, remedies, and the deed; new cases and materials in other sections of the book, including, among others, recording, condominiums, commercial development, and bankruptcy; a new subsection on green buildings; and a revised structure for the book, including consolidation and streamlining of all tax materials. Five brief drafting exercises allow students to apply their learning and to see how to reach better results for clients.
This casebook provides a finance-oriented approach to corporate law, focusing on what students will need to know in corporate practice. Students learn: Financial fundamentals, such as balance sheets, income, and cash flow, as well as more complex topics, such as corporate debt and convertible securities Application of financial principles to analyze and understand case studies Contractual solutions employed to deal with the various conflicts and ambiguities that arise Additionally, the text covers a broad range of topics from pricing models to the poison pill and includes a table of cases.
This book is the only text devoted to the legal problems raised by foreign investment and business transactions in emerging markets. Its organization tracks the normal progress of a business relationship. The first chapter provides broad general background, while the second focuses on a foreign business's preliminary assessment of legal risks particularly relevant to emerging markets, namely corruption and human rights abuses. It then takes the student through the establishment of a local presence, obtaining finance, the kinds of government licenses and other special legal regimes associated with extractive industries, and dispute resolution. A series of team-based negotiation exercises accompany each chapter. The new edition both updates legal materials related to corruption, human rights and dispute resolution and substantially revises the finance and government licensing chapter to reflect a shift away from Russia and toward other emerging markets.
The first casebook on the subject marks the contours of the field and provides a comprehensive understanding of the law and legal discourse relating to state regulation of sex, bodies, families, and reproduction. This compilation of rich historical and contemporary primary and secondary materials, accompanied by rigorous legal analysis, considers the economic, political, legal, and social factors that influence procreation and parenting. It is attentive to questions of race, ethnicity, socio-economic status, sexual orientation, and ability. Given that reproductive rights are implicated by different bodies of law, the casebook will serve as a guide to help balance expertise in one particular area of the law and enable well-rounded engagement with various issues.
The second edition of this innovative administrative law casebook retains and enhances its unique features: Focus on five representative agencies to provide students with a more holistic understanding of agencies and provide context. Use of a consistent unit design that maximizes student learning and facilitates the use of the book with a wide variety of teaching styles, including traditional methods and the flipped classroom. Incorporation of cutting-edge cases and problems that focus on the practical application of administrative law doctrines. By focusing on five important and representative agencies (the EPA, NLRB, SSA, IRS, and FCC), the book addresses two key problems for teaching and learning administrative law: (1) students' lack of familiarity with agencies and what they do; and (2) the difficulty of understanding new and different agencies and their organic statutes for each new administrative law case. Extended treatment of these five agencies, including one chapter for each agency that focuses on the use of a particular kind of agency action (rulemaking, policymaking adjudication, mass adjudication, informal action, and enforcement) provides students with a more complete picture of what agencies do and how they do it. Because the principal cases and problems involve the same five agencies throughout the book, the need to learn about new agencies and understand new organic statutes is greatly reduced, enabling students and teachers to focus on the administrative law issues in the cases. The book uses a consistent unit format throughout. Each unit covers a particular topic and includes (1) a clear and comprehensive discussion of the basic doctrine governing the topic; (2) a principal case or cases to illustrate the application of the doctrine and highlight key issues; (3) a discussion of related matters to explore additional issues and connections between topics; and (4) a detailed administrative law problem requiring the application of the doctrine in context. This unique structure and design facilitates the use of the book with a variety of teaching methods, including the Socratic method, lecture and discussion, and the problem method. Because it combines clear exposition, illustrative principal cases, and comprehensive problems, the book is also an ideal tool for teachers who want to flip their classrooms. This unit structure also enhances the flexibility of the book, allowing teachers to select topics for coverage and determine the depth of coverage they wish to provide. The second edition has been thoroughly updated to include the most recent Supreme Court decisions and cutting-edge court of appeals decisions, streamlined to reduce length and improve focus, and revised to enhance its effectiveness as a teaching and learning tool.
This statute and problem supplement contains all of the key provisions to real estate transactions in a form convenient for student use.
For more than seventy years, leading torts scholars at the Yale Law School and elsewhere have used this casebook. It unconventionally begins with strict liability. A recent study published by the Arizona State Law Journal shows that this sequence results in students experiencing a greater appreciation of the judge's role as being influenced by social, economic, and ideological factors and a sense of fairness and less as a process of rule application than do students who begin their study with either intentional torts or negligence. The Sixth Edition is more accessible to students because of substantially expanded textual explanations and more tightly edited opinions. Updates include frequent discussions of Restatement (Third) provisions and a significant number of recently decided cases including several from the Supreme Court addressing products preemption, displacement in climate change litigation, and First Amendment limits on liability for intentional infliction of emotional distress. Comprehensive Changes A new appendix to the casebook, The Litigation Process, facilitates the student's introduction to the torts litigation process. Relevant provisions of the recently adopted Restatement (Third) of Torts are quoted throughout the text. The Sixth Edition adds an unusual number of recently decided cases, including several from the Supreme Court of the United States addressing issues such as preemption, displacement in climate change litigation, and First Amendment limits on the tort of intentional infliction of emotional distress. The amount of textual explanation in introductions and in notes has been greatly expanded to facilitate the student's understanding. In addition, the enhanced notes often ask students to consider newly added questions as they read the opinions and prepare for classroom discussion. The excerpted opinions are more tightly edited. The chapter in the previous edition that addressed damages has been split into two chapters, one covering Damages and the other, Other Limitations on Liability Based on Type of Harm.
This casebook explores the unique roles that local governments play in the federal system and in providing local public goods. After considering the distinct characteristics of local governments, the book explores three relationships involving local governments: the relationship between the locality and the state (home rule and pre-emption), the relationship between the locality and its residents (service provision, revenue raising, economic development, local redistribution), and the relationship between the locality and neighboring localities (interlocal cooperation, interlocal conflict, and regional burden sharing). The new edition discusses state and federal responses to municipal fiscal distress, the role of mayors and city councils in municipal governance, and the development and implementation of zoning regulations.
This popular casebook provides a comprehensive overview of the constitutional, statutory, regulatory, and common law principles of employment law. The doctrinal development of the law is assessed in light of contemporary economic, technological, social, and political conditions. The new edition contains a detailed discussion of health care reform legislation and the role of employers in financing and administering employee health plans. It also considers such important issues as sexual harassment, workplace privacy, wrongful discharge, and employee pensions. Among the statutes covered by the casebook are Title VII of the Civil Rights Act of 1964, Age Discrimination in Employment Act, Americans with Disabilities Act, Family and Medical Leave Act, Employee Retirement Income Security Act, and Worker Adjustment and Retraining Notification Act.
This abridged version of our popular law school casebook, now in its eighth edition, provides a concise overview of the constitutional, statutory, regulatory, and common law principles of employment law. The doctrinal development of the law is assessed in light of contemporary economic, technological, social, and political conditions.
This fifth edition of the most widely adopted text in the field demonstrates to novices how accounting issues interrelate with the legal profession. In an effort to make accounting as understandable as possible, this book uses a learn by doing approach, including: Illustrative financial statements from Starbucks Corporation Multiple problems using the financial statements from Amazon.com, Inc., Google Inc., and United Parcel Service, Inc. Designed for the law student with no accounting background, the fifth edition can also enable students with previous accounting experience to appreciate better how accounting concepts and financial statements affect legal issues. The first section of each chapter, entitled Importance to Lawyers, explains how the topics discussed in that chapter affect the practice of law.
This pioneering book offers the most comprehensive and teachable compilation of materials on public health law now available. One of the challenges of teaching public health law is that the subject matter is not self-contained and touches every other body of law. This book solves that problem by organizing and integrating the material to address (1) cross-cutting themes in public health policy and (2) the policy tools used by public health policymakers and practitioners. In perhaps its most exciting innovation, Bonnie and Bernheim have constructed an intriguing and diverse menu of teachable units focused on specific policy problems or case studies in public health action. Each case study weaves together the perspectives of law, ethics and public policy. This book is richly interdisciplinary. Although the basic anatomy of the book is organized around the law, the materials feature the empirical perspectives of the public health sciences and draw on cross-cutting themes and normative frameworks of applied ethics and public policy. Although designed for students of law, the book can easily be adapted to courses designed for students in public health and public policy programs and other professional courses examining the role of law and public policy in advancing population health.
This publication has been the leading casebook in the field for more than 20 years. It is the most authoritative work available on this topic, extensively cited by the Supreme Court and other courts, and in the scholarly literature. Professors Langbein and Stabile have not participated in the preparation of this new edition, but their contributions pervade the entire work. The author team is joined in the Sixth Edition by Professor Andrew Stumpff, a leading practitioner and scholar of pension law. The Sixth Edition adds expanded coverage of the Affordable Care Act, its implementation, and the litigation concerning its validity. It also includes detailed coverage of other recent Supreme Court decisions, including the Windsor decision on same sex marriage, and recent lower court decisions. The Sixth Edition also addresses recent changes affecting benefit plans, including recent developments in the design and administration of 401(k) plans.
This casebook presents a functional approach to Trusts and Estates. In addition to a focus on recent cases, the book uses questions and problems to focus student attention on issues that face estate planners, litigators and policy makers. In each chapter, it integrates discussion of drafting and planning issues with its treatment of doctrine and policy. In addition, this casebook is accompanied by power point slides to use in explaining concepts for which diagrams are useful, such as intestate succession, the elective share, anti-lapse statutes, abatement and future interests. The unusually helpful teacher's manual includes not only case summaries and detailed legal analysis, but detailed lesson plans and discussion questions for those new to law teaching.
This law school text teaches the fundamentals of legal writing, analysis, and the American legal method. It fosters critical lawyering skills, such as how to identify a legal rule from a variety of sources, analyze and explain its components, apply the rule to answer a problem, and communicate the results in an effective manner. In the second edition, coverage of authority and rule formation have been streamlined and tightened. The authors have increased the visual appeal and content of callout boxes, charts, and tables; and they have replaced and shortened the length of examples so as to provide two to three times as many samples of practitioner writing in each chapter. With this new edition, the authors endeavor to train future lawyers to be ethical and professional issue-spotters, analysts, counselors, problem-solvers, and communicators working to advance their clients' interests.
This edition continues the comprehensive, yet flexible, presentation of prior editions. It explores technical and policy issues and is adaptable for use in a single course covering basic wealth transfer taxation or a sequence of such courses at either the J.D. level or LL.M. level. It includes approximately 300 problems, designed to help students master the material covered in each chapter. Within each section, the book moves from the straightforward to the more complex, empowering the professor to select the appropriate level of complexity for her course. It thoroughly integrates all changes in the law through May 1, 2015, including case law, legislation, regulations, rulings, and other administrative pronouncements.
CasebookPlus Hardbound - New, hardbound print book includes lifetime digital access to an eBook, with the ability to highlight and take notes, and 12-month access to a digital Learning Library that includes self-assessment quizzes tied to this book, leading study aids, an outline starter, and Gilbert Law Dictionary.
The Seventh Edition of this classic casebook includes numerous revisions to enhance its teachability. The book's depth of coverage and intellectual rigor remain unrivaled. In addition, each chapter has been carefully revised with an eye to making the material more accessible to students. A number of new introductory and explanatory notes help to frame the key issues raised by the materials. Moreover, the editors' judicious revision and trimming of older material will permit assignments of manageable length, without sacrificing the scholarly comprehensiveness that has always been the Hart & Wechsler hallmark.
The book is a compilation which includes the major statutes affecting international commercial arbitration law.
This is the first and oldest casebook on securities regulation and provides the tools for the in-depth study of the law of securities regulation. This edition has been revised to take into account the following: Developments since the JOBS act was passed in 2012, including in particular (1) general solicitations under Rule 506; (2) the on ramp for emerging growth companies ; (3) the new heightened standard for when a company must become a reporting company under 12(g) of the 1934 Act (and the SEC's very recent proposed rules implementing this standard); (4) crowdfunding ; and (5) the proposed rules for Regulation A+ small issues. The role of cost/benefit analysis in the formulation of SEC rules. Coverage of Regulation SCI Increased attention to hedge fund activism as it relates to mergers and acquisitions. Recent Supreme Court cases
Through its excellence in scholarship, clarity, and ease of use, this casebook engages readers in a critical thinking about tort law. It sets forth crisply edited classic tort cases as well as cases reflecting the newest tort law trends. Its authors are a strong combination of respected scholars and those who practice in the subject. The casebook goes beyond judicial decisions and includes key tort-centered legislation and comparative perspectives where relevant. The casebook encourages the reader to understand the law's foundations and debate modern trends within various policy prescriptions. Unbiased in its approach and organized in manageable sections of information, the casebook is a superb tool for productive and stimulating classroom debate. Tort law doctrine and its rationale will come alive for students. The casebook, proven over 13 editions, assures that our students will be effectively guided to embrace the law of torts as a building block for the remainder of law school and a life in the law beyond. This new edition insures that it will maintain its place as the most widely adopted Torts casebook.
Expertly designed exercises keyed to Fundamentals of Legal Research and Legal Research Illustrated provide students with targeted questions to apply their knowledge of research methods to real problems. The exercises help acquaint students with many aspects of legal research, enabling them to hone their legal research skills using a logical sequence of resources. Students will gain exposure to all the major types of legal research sources and practice locating relevant information in each.
Practicing Bioethics Law provides basic readings in the field of bioethics law, including court cases, statutes, administrative regulations, briefs, and law review and other academic articles. The text presents theoretical debates about the latest bioethical subjects as well as practice-based materials that expose students to a wide range of possible bioethics-related careers. The book's companion website provides practice documents, videos, pictures, scientific materials and other information that is too complex to include in a traditional casebook. The authors combined the book and the website so readers could learn more about the practice of bioethics law at the same time they are beginning to understand the theory and content of bioethics law.
Written by the Reporters who drafted UCC Article 9 and its Official Comments, this casebook focuses on real-life problems and transactions. The Problems focus the students' attention on the relevant statutory language and its application to common patterns of secured financing. They emphasize counseling, planning, drafting, and litigation skills. Many of the Problems are based upon two Prototype transactions that feature actual transaction documents. One Prototype provides the foundation for a discussion of basic Article 9 concepts. The other forms the basis for financing secured by receivables and other intangible property and inventory. The extensive Notes help students understand what Article 9's provisions are designed to accomplish and how they fit together, while encouraging students to evaluate the choices made by the drafters. The Sixth Edition fully integrates the 2010 amendments and reflects recent developments in the case law, including the Motors Liquidation and Duckworth opinions dealing with the sometimes drastic consequences of mistakes made by secured parties.
This leading casebook covers all major aspects of tort law with expertly edited cases and original text. The principal focus of this book is the law of negligence, strict liability, and no-fault legislation as alternative approaches to compensating the victims of accidental harm and creating optimal incentives for safety. This Edition has restructured the chapter on intentional torts to facilitate its use to start off the course for those instructors desiring to do so. It also includes comprehensive chapters on products liability, damages and insurance, defamation, privacy, and economic torts. Notes and questions following principal cases are designed to supplement students' knowledge about the subject matter of the case and related areas as well as to encourage them to think critically about judicial opinions and tort policy. This Tenth Edition reflects evolving developments in recent case law and legislative activity, as well as materials and commentary ranging from the current Restatement project on Intentional Torts to continuing tort issues arising from the Internet.
The Sixth Edition offers a rich blend of materials mixing textual coverage, problems and provocative cases designed to promote lively class discussion in Remedies. The authors have revised a great book that preserves the best of the former editions and adds revisions and updates, especially in the areas of Equitable Defenses, Preliminary Injunctions, Adjustments and Limitations on Damages, Damages for Economic Loss, Jury Trials, and Declaratory Judgments. This law school casebook focuses on the fundamental tools of judicial remedies-injunctions, damages, and restitution. In addition to providing students with a solid grounding in these basics, the casebook also offers the professor choices about which additional areas to cover in depth. Those choices for instruction beyond the basic topics include: Specific Performance Equitable Defenses Contempt Preliminary and Permanent Injunctions Structural Injunctions Common law damages and Tort Reform Adjustments and Limitations on Damages Enjoining Speech/Litigation/Crimes/Nuisances Consequences of Remedial Characterizations
This new text provides the professor with great flexibility in teaching year-long civil procedure courses or more condensed one-semester offerings. The text puts students in the position of lawyers and asks them to consider the strategic, tactical, and ethical choices they will confront in practice. Features distinguishing this text include: The text has been written to incorporate the December 1, 2015, amendments to the Federal Rules of Civil Procedure and the most recent statutes and cases, rather than simply adding new developments onto an older text. The cases selected, many at the district court level, are contemporary in both the law applied and case subject matter-including actions involving same-sex marriage, mortgage-default litigation, electronic discovery, and the recusal of the federal district judge handling the challenge to New York City's stop and frisk litigation. The initial case in the text, Leonard v. PepsiCo, is one that students are likely to encounter in their contracts course but that presents rich procedural questions as well. Ethical issues are stressed throughout the text, including the ethical choices open to the lawyers in the cases presented and citations to the Model Rules of Professional Conduct and applicable state ethical rules. The chapters conclude with both essay and multiple-choice questions that can be assigned by the professor for exam practice or class discussion or can be used by individual students to review each chapter's material. More than 40 figures are included in the text, to present procedural law in tabular and visual form. In these many ways, Civil Procedure: Representing Clients in Civil Litigation presents a unique way in which to engage your students in actively learning civil procedure and understanding the civil litigation process.
The Fourteenth Edition retains the old-school research and analysis coupled with continuing developments in media law. Principles of law are under the pressures of accommodating new methods of communication and a willingness to give up privacy in return for ease of access to information and social groups. The text deals with the service function of media in light of developments regarding access to information, campaign spending and the ability to criticize government.
This revised corporate finance casebook updates old topics, opens up new topics, and revisits, revises and rationalizes basic materials. The introduction to basic financial economics in the first part of the book has been integrated and simplified. Where the exposition in previous editions relied heavily on excerpts from finance textbooks, this edition deletes much of that material and introduces its own textual treatment. The result is more focus on basics and a more orderly progression of points. In addition, the algebraic designations of valuation are now uniform throughout the book. Reports on practice in the chapters on long-term debt securities and convertible bonds have been updated substantially. Finally, the deal documents in the Appendix have been updated and rationalized and more effectively reflect current practice. Users will find that all of these changes can be interpolated without significant disruption of existing pedagogy. The new edition begins with Huff Fund v. CKx, one of the recent appraisal cases in which Vice-Chancellor Glasscock uses the merger price as the value measure. With CKx, the book finally has a current touchstone case on valuation to replace Atlas Pipeline, which led off in editions 1 through 4. Other new cases include Financial Guaranty Insurance v. Putnam Advisory, a synthetic securitization case accompanied by a note on the Goldman Sachs ABACUS scandal; Kallick v. Sandridge Energy, one of the proxy put cases; MeehanCombs v. Ceasar's Entertainment (currently on appeal), in which the Southern District reads teeth into the Trust Indenture Act; Third Point v. Ruprecht, the Sotheby's poison pill case; MFW Shareholders Litigation, which holds out business judgment review in a cash-out merger; Del Monte Foods Shareholder Litigation, one of the recent investment banker cases under Revlon: and Corwin v. KKR, under which a fully-informed shareholder vote trumps a Revlon claim.
Combining rigorous analysis of the professional rules of lawyer conduct with extensive interdisciplinary materials on the legal profession and ethics, this casebook offers a unique perspective on the professional challenges facing contemporary lawyers-and their opportunity to promote the public good. The book combines real-life problems, doctrinal and statutory analysis, and carefully-edited readings to offer a comprehensive and critical examination of the role of lawyers as client representatives and democratic citizens. Many of the chapters can be used as independent units for courses focusing on ethical problems in corporate practice, tax practice, family law, and public interest law. The seventh edition also includes extensive revisions that provide new analysis of core professional rules, enhanced organizational formats, and critical additions to the case law and professional literature. Key changes include expanded coverage of how the lawyer-client relationship begins and ends; important updates to the materials on confidentiality, conflicts of interest, and market regulation; and new research on access to justice and the challenges to contemporary legal education.
Privacy and Data Protection Law introduces a dynamic and rapidly growing field of law that is also fun to teach. Beyond traditional topics like torts or the Fourth Amendment, its coverage extends to statutory and regulatory regimes such as FTC enforcement, medical privacy, and the Patriot Act. It devotes significant attention to global privacy law and to data security. By mixing conventional case excerpts with regulatory materials, case studies, and hypothetical problems, Privacy and Data Protection Law prepares students for the real-world legal challenges of managing personal information in any type of organization-an increasing need of every client.
This book created the field of the law of democracy, offering a systematic account of the legal construction of American democracy. This edition is the most significant revision in a decade. With the addition of Nathaniel Persily, the book now turns to a changed legal environment following such blockbuster Supreme Court decisions as Citizens United and Shelby County. This edition streamlines the coverage of the Voting Rights Act, expands the scope of coverage of campaign finance and political corruption issues, and turns to the new dispute over voter access to the ballot. The basic structure of the book continues to follow the historical development of the individual right to vote; current struggles over gerrymandering; the relationship of the state to political parties; the constitutional and policy issues surrounding campaign-finance reform; and the tension between majority rule and fair representation of minorities in democratic bodies.
This casebook for a basic bankruptcy course takes a deal-oriented finance approach to bankruptcy, with a focus on business bankruptcy. The student will not only learn the major elements of bankruptcy and corporate reorganization in chapter 11 of the Bankruptcy Code, but also the major facets of bankruptcy that influence financing transactions. The hidden message behind these materials is how to understand complex financial deal-making and how to integrate finance with law, in the context of bankruptcy.
The Nineteenth Edition is an updated version of this classic casebook, adding new materials on the Supreme Court's most recent decisions on federal power, free speech, equal protection and religious freedom to its existing comprehensive coverage of separation of powers, federalism, civil rights and civil liberties. This casebook provides a unique combination of clearly structured and lawyerly coverage of the cases with rich historical, theoretical, and philosophical materials that illuminate the development of our constitutional law. In the 19th edition, you will find the latest decisions on gay marriage, street signs and confederate flags, campaign contribution limits, congressional power over voting rights, and religious exemptions from health care mandates, among many others. The note materials and questions in the casebook make it easy to structure classes and promote lively discussion. And comparative examples from the constitutional law of other nations are provided throughout.
This 750-page civil procedure casebook is structured so that it can be taught quickly but at a high level. The tightly-edited cases capture students' interest while teaching the material well. Notes are short but intellectually challenging. The book has enough materials to cover topics basically or in depth. The casebook introduces students to the themes running through civil procedure: efficiency and fairness, advantages and disadvantages of the adversarial system, real-life litigation strategies, and issues of federalism and separation of powers. The 4th edition has been updated to include not only the most recent Supreme Court cases, but new cases from the lower federal courts. The 2015 and 2016 cases fully account for the important 2015 amendments to the Federal Rules of Civil Procedure.
A 2016 Statutory Supplement accompanies the 7th Edition of Owen and Davis' Products Liability and Safety, Cases and Materials. The Supplement includes the Restatement Third of Torts: Products Liability, with its comments, together with significant sections of the Second Restatement and the UCC. In addition to important new case law, the Supplement includes an updated set of state products liability reform statutes and key federal statutes on products liability and safety law.
White Supremacy pervades American history. Moreover, notwithstanding landmark civil rights gains and egalitarian aspirations, America remains segregated and unequal. This book examines the role of law in reinforcing and ameliorating racial injustice. Although surveying key historical precedents, its primary focus is the present. The book examines contemporary controversies across a variety of settings, animated by three fundamental questions: What is the current racial order? To what extent is it unjust? How can law and legal actors advance a more racially just order? The book uses cases, statutes and other sources of law, supplemented by problems and exercises, to equip students to both critique and construct pragmatic solutions to race-related controversies.
This treaty supplement is meant to complement the Fifth edition of International Environmental Law & Policy. It includes the major hard and soft law instruments that embody the field of international environmental law. It thus includes the major multilateral environmental agreements as well as some excerpts from important related treaties such as trade agreements and the UN Convention on the Law of the Sea.
This book's focus makes statutes, and the processes that produce them, the primary consideration. Traditional teaching materials tend to make statutes and the circumstances of their creation secondary; students encounter the legislative process and legislative materials chiefly, sometimes exclusively, through the eyes of judges. In contrast, two of the three principal chapters of this book are organized around the enactment of two particular statutes - one late Nineteenth Century, the second late Twentieth Century. These chapters expose students to primary documents reflecting the quite different processes by which these two statutes were enacted, and invite them to reach conclusions about their meaning, in advance of any exposure to judicial interpretations - just as lawyers would typically be required to do in practice. The latter of these two chapters also includes extensive selections from the secondary literature to help put the current debates between textualists and purposivists in sharp focus. The intervening chapter deals in a more conventional way with the development and use of the purpose/intent-oriented methods of interpretation that characterized mid-Twentieth Century judicial practice. This chapter, in which judicial decisions predominate, often sets a statutory problem as a prologue to the case -- highlighting the statutory issue and inviting the student to do her own interpretive analysis before encountering the judges' opinion.
This is a detailed and informed casebook examining major aspects of property, contract, conservation, and environmental law governing oil and gas exploration and development. It provides original text and explanatory materials. The appendices include sample forms. Chapter titles discuss: A Brief Introduction to the Scientific and Engineering Background of Oil and Gas Law; The Nature and Protection of Interests in Oil and Gas; The Oil and Gas Lease-A Close Look at Its More Important Clauses; Covenants Implied in Oil and Gas Leases; Title and Conveyancing Problems Arising From Transfers by Fee Owners and Lessors; Transfers Subsequent to a Lease; Pooling and Unitization; Public Lands; Federal Environmental Regulation of The Oil and Gas Industry; and State and Local Oil and Gas Regulation.
This supplement brings the main casebook up to date with recent changes in the law.
This edition examines new forces influencing media law while continuing to focus on foundational cases and principles that have shaped the field since its inception. New material includes increasing government secrecy and its impact on freedom of information; the latest on net neutrality; new restrictions on newsgathering including legislation involving drones; recent jurisprudential tests that unmask anonymous internet speakers; increasing potential liability for internet re-publishers despite older legal protections; newer changes in copyright protections in the wake of internet publishing; increasing judicial concerns about privacy and the reshaping of legal determinations including newsworthiness; and the increasingly difficult-to-answer question of who deserves shield law and other legal protections traditionally reserved for journalists. The casebook, written by authors who collectively have taught and researched media law for more than a century, focuses on the legal precedents that help shape judicial and legislative responses to today's new media.
This textbook provides comprehensive coverage of international finance from policy, regulatory, and transactional perspectives. It is organized in five parts. Part One deals with the international aspects of banking and securities markets in major financial centers. It covers the global financial crisis of 2007-2009 and the 2010 Eurozone crisis, systemic risk, and macroprudential regulation. Part Two considers the infrastructure of global financial markets, including payment, clearing and settlement systems, foreign exchange regimes, and international coordination of capital requirements. Part Three deals with major market instruments, including securitization and derivatives contracts, and the regulation of money managers. Part Four covers topics of special relevance for the emerging markets, such as project finance and sovereign debt. A full chapter is devoted to China's financial reforms and its evolving role in the international financial architecture. Part Five addresses the challenge of controlling the financing of terrorism.
Contract Law and Its Application, Ninth Edition introduces first year law students to common law reasoning, legal interpretation, lawyering and legal institutions, through basic American contract law, presented in relatively brief free-standing units that may be sequenced as the instructor prefers. It focuses on contract interpretation as a primary means to resolve a wide range of doctrinal and practical contract problems. The Ninth Edition's core remains the full traditional canon of American contract law: the classic common law cases, UCC Article 2 (Sales) and the Restatement, Second, Contracts, in each case with updated and current questions and notes emphasizing the application of that doctrine in the 21st century. The Ninth Edition highlights the expanding use of arbitration clauses in both commercial and consumer contracts, and the ferment in restitution law reflected in recent academic work and the promulgation of the Restatement, Third, Restitution. In addition, the Ninth Edition includes a new Appendix II providing easy reference to all relevant sections of the Restatement, Second, Contracts, and carries forward the Eighth Edition's Appendix I with the relevant sections of the UCC, thus obviating students' need for a statutory supplement. As with prior editions, the Ninth Edition includes comparative law materials, indicating alternative approaches to common problems in other legal systems.
This document appendix and case supplement is designed for use with Calabresi, Silverman, and Braver's The U.S. Constitution and Comparative Constitutional Law: Texts, Cases, and Materials.
This text offers an accessible, comprehensive introduction to executive compensation law, an important legal practice field that also attracts significant political, economic, and social attention. Starting with an in-depth overview of the current economic and political debate over the pay levels of American executives, the text systematically considers the elements of executive compensation regulation, including clear descriptions of threshold tax principles such as Internal Revenue Code Sections 83 and 409A, regulation of options and other stock awards, employment agreements, proxy disclosure and other securities regulatory issues, as well as treatment of specialized areas such as compensation of executives of nonprofit organizations and financial institutions. Chapters are modular to facilitate customized use, and the book is easily adaptable for either a survey or a more detailed, higher-level class, at either the J.D. or LL.M. level.
This casebook uniquely compares the law of Latin America to that of Europe, as well as the United States while introducing students to the richness and diversity of the Latin American legal tradition through cases, legal documents, and commentaries. This carefully designed book allows students to see the law in action and guides them through entire judicial decisions, demonstrating how litigation unfolds and how a different legal culture operates. It is currently the only cases and materials publication devoted to Latin American law and the issues that arise in concrete litigation south of the border.
The fourth edition was updated to include important new Supreme Court cases on governmental prayer, reproductive healthcare rights, the Religious Freedom Restoration Act (RFRA), and same-sex marriage. The fourth edition continues the book's interdisciplinary approach to law and religion, its student-friendly notes and questions, and its inclusion of numerous non-Supreme Court cases from a variety of state, federal, and international courts. The chapters were reorganized to highlight the impact of the Court's most recent cases on the subject matter of law and religion. The first six chapters provide the foundational information about free exercise, establishment, and RFRA: 1. Free Exercise of Religion identifies the ever-increasing diversity of American religion versus non-religion. It now includes United States v. Seeger, as a lead conscientious objection case explaining what the Court means by religion. 2. Introduction to Establishment now includes the Court's decision upholding government-sponsored prayer in Town of Greece v. Galloway, and asks if Galloway will change all future Establishment Clause analysis. 3. What is an Establishment of Religion? examines older establishment precedents about religious symbols and monuments, public funding of religion, and religious speech in light of Galloway. The chapter also focuses on the funding issue the Court will hear in the 2016 Term in Trinity Lutheran Church v. Pauley, which asks if state bans on church funding violate the federal Establishment Clause. 4: Constitutional and Statutory Protection of Free Exercise provides extensive coverage of the ramifications of the Court's RFRA decision, Hobby Lobby, which accommodated for-profit businesses from providing contraceptive benefits to their employees. 5: Conscience, Complicity, and Conscientious Objection relates Hobby Lobby to the Court's order searching a compromise between religious nonprofits and the government in Zubik v. Burwell. This chapter explores military, medical, and legal conscientious objection and analyzes the increasing number of complicity claims faced by courts hearing RFRA cases. It also includes the case of Kim Davis, the Kentucky clerk who refused to issue marriage licenses to same-sex couples. 6: Conflicts between Individual and Institutional Religious Freedom explores the Court's increasing protection of institutional over individual religious freedom by looking at three topics: church property disputes, employment discrimination, and torts. The employment discrimination section now includes an overview of Title VII's religious discrimination provisions and the Court's recent decision interpreting them in EEOC v. Abercrombie and Fitch. The chapter also explores in detail the repercussions of Hosanna-Tabor v. EEOC, the ministerial-exception case that was brand new in the third edition. The first six chapters provided the basics about free exercise, establishment, and RFRA. Later chapters are more specialized and can be assigned at the professor's discretion, depending upon student interest. 7: RLUIPA: The Religious Land Use and Institutionalized Persons Act. RLUIPA now has its own chapter, which focuses on how the RFRA decisions studied in Chapters 4 and 5 will influence interpretation of RFRA's twin sister statute, which applies to institutionalized persons (prisoners) and land use. 8: Comparative Religious Freedom was completely revised. It now includes cases from other countries that parallel the subjects already studied in earlier chapters of the casebook. A section on religious garb, including a Turkish case about hijab bans, recalls Abercrombie. A section on blasphemy connects to the free (religious) speech jurisprudence. Conscience receives extensive treatment because it has become so important in U.S. law. Chapter 8 includes Bayatyan v. Armenia, in which the European Court of Human Rights recognized a religious freedom right to military conscientious objection for a Jehovah's Witness who objected to military service. It also presents a British case similar in reasoning to the Kentucky clerk's case, Miller v. Davis. And it introduces a case that has been described as Australia's Hobby Lobby. Thus we consider the role of religious exemptions in international law. 9: Religion and Politics now focuses on same-sex marriage instead of stem-cell research, exploring the role that presidents' and justices' religion played in the marriage equality discussion. The majority opinion and dissents from Obergefell v. Hodges are highlighted; all the justices' opinions referred to religion. The tax section was updated to examine the repercussions of Pulpit Freedom Sunday for tax law's restrictions on political activity. 10: Teaching about Religion and Science includes new efforts to add religion classes and remove evolution from public schools. 11: The Old and New Law of Religion still contrasts the Court's treatment of the traditional Amish faith in Yoder with updated information about the Nones' religious identity and political activity.
This revised casebook is designed for a building block property course that serves as a student's foundation for the rest of law school and beyond. Avoiding the typical hodge-podge of issues, the book presents material in an integrated way, starting with the central role of exclusive in rem rights in property, and systematically developing elaborations, exceptions, and counterfoils to this idea using vivid cases, both old and new. Timely issues in intellectual property, mortgages, and regulatory takings, as well as traditional topics like equity and restitution, are given expansive treatment. The emphasis throughout is on fundamental principles and policy questions.
Public Welfare Law provides comprehensive coverage of all aspects of public benefit law. Its heaviest emphasis is on AFDC/TANF, food stamps/SNAP, Medicaid, Social Security/SSI, and unemployment compensation. It also includes both main cases and extensive note materials on a wide range of other programs, including public housing, Section 8, the Low-Income Housing Credit, LIHEAP, school meals, WIC, disaster assistance, trade adjustment assistance, foster care, veterans' pensions, Black Lung disability, survivors' insurance, general assistance, and lifeline communications, among others. To help students develop transferable analytic skills, it is organized by concept rather than by program, with each conceptual chapter drawing illustrations from multiple programs. Thus, for example, chapters cover means testing, program administration, federalism, the differences between capped and open-ended programs, the amount of benefits and the form in which they are provided, work, other behavioral rules, interactions with immigration law, and challenges facing people with disabilities. Each chapter then draws on examples from multiple programs, allowing students to see both commonalities and critical differences. Copious notes, discussion questions, and problems in each section facilitate moving class discussion in many different directions. The book can support a substantive course or seminar in public benefits law or the classroom component of a clinic or practicum. It includes both practical materials (e.g., a step-by-step guide to calculating SNAP and EITC eligibility and benefits, cases on each of the five steps of the SSDI/SSI disability determination process) and theoretical and policy insights from across the political spectrum. Although its emphasis is on law, it also acquaints students with important social scientists such as William Julius Wilson, Kathryn Edin, Frances Fox Piven, and Richard Cloward and with research organizations such as the Center on Budget and Policy Priorities. It also includes the voices of recipients of public benefits. The book is also designed to support a course in legislation and regulation. To this end, cases and materials were selected to present crucial aspects of administrative law (e.g., rule-making, FOIA, FACA, Chevron deference, arbitrary and capricious review, and procedural due process), major approaches to statutory interpretation, economic analysis of agency behavior and regulatory choices, public choice, privatization, and institutional reform litigation.
The thirteenth edition continues the book's commitment to offering the most comprehensive, rigorous, and flexible materials on the American criminal process. With respect to the substantive criminal law, the new edition includes: Full case treatment of Johnson v. United States, illustrating the Supreme Court's current approach to the void-for-vagueness doctrine, and giving the clearest expression yet of the doctrine's constitutional foundations; Full case treatment of Elonis v. United States, 575 U.S. ___ (2015), illuminating the Supreme Court's current approach to imputing mental states when statutes are silent or unclear; Full case treatment of Rosemond v. United States, 572 U.S. ___ (2014) , illuminating the Supreme Court's current approach to the mens rea for complicity liability; Full case treatment of Hurst v. Florida, 136 S.Ct. 616 (2016), holding the Florida system of advisory jury verdicts in capital cases violates the Sixth Amendment; The substantive provisions of the American Law Institute's Project on Sexual and Related Offenses, Tentative Draft No. 2 (April 15, 2016), proposing, inter alia, a manifested willingness definition of consent and recognition of a felony offense for sexual penetration by an actor who knows, or consciously disregards a substantial risk, that the victim has not consented; Full case treatment of State v. J.W., Jr., 181 Wa.2d 757 (2014), holding the Washington practice of putting the burden of proof on the consent issue in rape cases on the defense violates due process; Extensive extracts from the Justice Department's memorandum explaining the decision not to bring federal civil rights charges against Officer Darren Wilson in the case involving the death of Michael Brown in Ferguson, Mo. With respect to criminal procedure, the new edition includes: Full case treatment of Riley v. California, 573 U.S. ___ (2014), summarizing search-incident-to-arrest doctrine and excluding cell phones from warrantless search incident to arrest, A thoroughly revised section on constitutional remedies in police practices cases, Illustrating the exceptions to the exclusionary rule with United States v. Rose, 613 Fed. Appx. 125 (3d Cir. 2015), a case giving a good illustration of the standing doctrine; and Utah v. Strieff, 2016 WL 3369419 (U.S. 2016), a case illustrating the Court's antipathy toward the exclusionary rule and analyzing the causation-based exceptions such as attenuation, inevitable discovery, and independent source; and The text of 42 U.S.C. 14141 and extensive excerpts from the consent decree regarding the New Orleans Police Department, entered between the Justice Department and the City of New Orleans in 2012.
Five years after publication of the third edition, and reflecting the dynamic nature of the pharmaceutical and medical device industries (as well as the many different areas of law that pertain to the management of these medical technologies), the Fourth Edition incorporates the latest legislative, regulatory, and judicial developments, describes recent scientific advances, and excerpts or references new scholarly contributions to this broad field (the wealth of citations should facilitate use in a seminar setting). Measured by volume, more than 20% of the previous edition has been replaced with new material. The latest edition retains the same basic thematic approach and modular structure of the original, which allows instructors to pick and choose the materials to cover based on their own tastes and areas of expertise.
The 8th Edition of Goldstein & Reese, Copyright, Patent, Trademark, and Related State Doctrines brings the coverage of all these fields up to date with new principal cases and notes. Among the changes are: New note materials on the Defend Trade Secrets Act of 2016 Trademark: Added note on how to evaluate the distinctiveness of nonverbal marks Updated discussion of Pro-Football v. Blackhorse and the Federal Circuit's en banc decision that the bar on registering disparaging marks is unconstitutional Updated case law on dilution Added note on the Ninth Circuit's use of the Rogers v. Grimaldi test in trademark claims involving expressive works Updated case law on likelihood of confusion Updated case law on trademark infringement and online search results Patent: Added note on new Supreme Court case on the definiteness requirement Added substantial new note material on new Supreme Court cases on inducement liability Added substantial new note material on new Supreme Court cases on awards of attorney's fees and enhanced damages Updated discussion of Brulotte v. Thys to reflect Supreme Court adherence to the decision Added discussion of new Supreme Court case on appellate review of claim construction Copyright: Added new background on registration process Added new principal case-UMG v. Augusto-and notes, including Kirtsaeng, on distribution right Added ABC v. Aereo as principal case Added Bill Graham Archives v. Dorling Kindersley as principal case, along with new note material on the expansion of transformative use Software Protection: Completely revamped section on patent protection for software-related inventions, centering on the Supreme Court's Alice decision and including the USPTO's 2014 Interim Guidelines on Patent Subject Matter Eligibility Industrial Design: Added Apple v. Samsung as principal case on both design patent and trade dress protection
The Eighth Edition progresses from the format of earlier editions by continuing to provide cases from state, federal and international courts that integrate the scope and dynamism of family law. There are references to uniform, state, federal and international code provisions and there is available a companion book offering additional statutes and uniform laws that may be integrated into the family law course. It incorporates problems to test students' understanding of the material, and it is compatible with courses of two, three, or four credits. Familiar topics of past editions have been retained and the cases and materials updated to include all of the changes that have occurred. Among the topics addressed are: Adoption of Same-Sex Marriage, Benefits and Parentage Opportunities Contemporary Challenges to Free Exercise Nonmarital Agreements, Pre and Postnuptial Agreements Assisted Reproductive Technology, Posthumous Conception, and Disposition of Embryos Division of Nonmarital and Marital Property upon Dissolution of Relationship Marital Support, Support for Children under Guidelines in Civil and Community Property Parental Custody of Children, Visitation, Relocation, Enforcement, and Modification Parental Rights of Nonmarital Partners Termination of Parental Rights, Reunification Services, and Adoption of Children and Adults
With stimulating questions and discussion problems, comprehensive notes, and teachable and well-edited cases as its hallmarks, this is the authoritative law school casebook for the study of copyright law. The book presents up-to-date materials dealing both with new technologies and with the more traditional issues in the field. Topics that receive particular attention include: The copyrightability of works having a functional character, including compilations, computer programs, and the problem of applied art; The application of the rights of distribution and public performance and display to the digital environment; The increasing expansion of the fair use doctrine through the development of the caselaw on transformative use ; The caselaw on the limited liability of internet service providers; The Digital Millennium Copyright Act's provisions on technological protection measures and copyright management information are also covered, through well-selected cases and analysis of successive Copyright Office Rulemakings. There are also more photographs illustrating current cases dealing with originality and infringement. The casebook continues its position as the outstanding book in the field-comprehensive and thorough, and stimulating and enjoyable for both teacher and students.
This casebook emphasizes the fundamentals of copyright law while also providing comprehensive coverage of major contemporary issues such as digital dissemination, fair use, and service provider liability. Extensive coverage of areas related to copyright such as moral rights, unfair competition, and publicity rights distinguishes the book from other casebooks on copyright law. Traditional case and statutory analysis is supplemented by a rich collection of background materials that offer practical and policy perspectives on established doctrines and emerging issues. The book is manageable in size and organized to accommodate either a two-credit or three-credit course in copyright law. The new Twelfth Edition has been thoroughly updated and includes major Supreme Court decisions on patent protection for software-related inventions, the parameters of the public performance right, and the scope of copyright in useful articles, along with new court of appeals opinions on the scope of copyright protection for software, mass digitization, and fair use in education. New notes and background materials provide perspectives on the emerging visions for a new copyright statute.
The Commercial Finance book is designed to update (and replace) the course on Secured Credit traditionally taught in law school. By shifting the focus to commercial finance from Article 9, and by shifting the materials to emphasize pro-active document design and analysis as opposed to re-active case analysis, the book supports a course that is at once more consonant with the likely career paths of our students and at the same time more experiential than the doctrinal materials that they replace. Within the curriculum, the course parallels the course on corporate finance-covering all of the major types of lending to businesses that do not involve the public securities markets-and provides an excellent foundation for a commercial bankruptcy course.
This casebook provides a detailed presentation of issues created by constitutional rules affecting law enforcement conduct and the exclusionary remedy for violations of those rules. It discusses such topics as arrests and stops of suspects for investigation, search and arrest warrants, permissible warrantless searches, interrogation practices, and lineups and other procedures related to eyewitness identification testimony.
As a part of our CasebookPlus offering, you'll receive a new print book along with lifetime digital access to the downloadable eBook. In addition, you'll receive 12-month online access to the Learning Library which includes quizzes tied specifically to your book, an outline starter and three leading study aids in that subject and the Gilbert (R) Law Dictionary. The included study aids are Mergers and Acquisitions, (Concepts and Insights Series), Mergers and Acquisitions in a Nutshell and Corporate Law, (Concepts and Insights Series). This casebook embodies the conviction that theoretical and practical legal education are complementary and no more so than in the setting of M&A transactions, where corporate lawyers are regularly called upon to draw on their substantive knowledge of the law to advise clients on how best to effectuate their business objectives. Accordingly, this book retains the most significant judicial decisions in M&A jurisprudence while also making heavy use of textual explication, sample documentary provisions, and the latest teaching methods to deepen students' understanding of the relevant case law and prepare them for practice. The authors employ three principal pedagogical methods: Questions help students focus on information in the cases that is most relevant to the principles underlying specific topic areas. Problems hone students' abilities to interpret and apply the material to novel situations similar to those they might be asked to analyze in practice. Skills exercises provide time-efficient transactional skills training to students in the context of M&A. Additionally, this title is accompanied by online self-assessment quizzes, tied to the text, that help you gauge your understanding of the material.
This casebook explores both the technical and policy issues associated with general principles of income taxation. The book is unrivaled in scope, depth of analysis, and flexibility. The materials facilitate focusing on either in depth coverage or broad policy issues for any particular topic. Within units, the material moves from the straight-forward to more complex rules, thus enabling each professor to make a decision as to the level of complexity which he or she wishes to reach in the course. The text can be used in a single course covering basic income taxation or a sequence of courses dealing with income taxation at either the J.D. or LL.M. level.
Offered as an alternative to the authors' widely used separate texts on corporate and partnership tax, the Sixth Edition of this comprehensive casebook continues its tradition of providing an integrated approach to teaching the fundamentals of a highly complex subject with clear and engaging explanatory text, skillfully drafted problems, selective discussion of tax policy issues, and a rich mix of original source materials to accompany the Code and regulations. Important highlights of the Sixth Edition include: Coverage of all significant C corporation and partnership developments since the last edition, including the impact of the now permanent higher marginal individual tax rates and the 3.8% net investment income tax; new legislation blocking tax-free spin-offs of REITs; final regulations on 336(e) elections, Type F reorganizations, noncompensatory options, and partnership allocations where interests change during the year; and new proposed regulations on 355 corporate divisions, partnership liabilities, 751(b) disproportionate distributions, and disguised payments for services as applied to investment management fee waivers and similar strategies to convert ordinary income to capital gain. Updated and reorganized discussion of the continuity of proprietary interest doctrine in tax-free reorganizations. Integrated materials related to compensating the service partner in a new and fully updated self-standing chapter. Shorter separate chapters on partnership allocations, allocation of partnership liabilities, income-shifting safeguards, partner-partnership property transactions, liquidating distributions, and partnership terminations and mergers. A new case (Canal Corporation v. Commissioner) illustrating a successful IRS attack on the debt-financed distribution gain deferral strategy. Updated discussion of business enterprise tax policy issues, including a new overview of issues affecting U.S. multinational corporations, the latest prospects and options for comprehensive tax reform, and the ongoing debate on taxing partnership carried interests. A completely updated chapter on S corporations, incorporating temporary Code provisions made permanent and final regulations on the basis of indebtedness of S corporations to their shareholders, and expanded coverage of employment tax issues affecting S corporation owners who are active in the business.
This casebook is the concise, and very modern, version of a respected classic of civil procedure casebooks. The key to its brevity is its efficient and systematic step-by-step survey of the subject in Part One, which provides a tight 270-page comprehensive treatment of current civil procedure. The survey suffices to give the students a complete and solid grounding in civil procedure by means of the cases, commentaries, text, and questions that progress from pretrial and settlement to trial, judgment, appeal, jurisdiction, and complex litigation. This brief yet thorough coverage leaves time for in-depth treatment of a few selected problem areas regarding the system's fundamental structure in Part Two on governing law, Part Three on authority to adjudicate, and Part Four on res judicata. The twelfth edition has been thoroughly updated. It covers major new cases on general and specific personal jurisdiction and on pleading, and it introduces new materials on the res judicata effect of statute-of-limitations dismissals. It also fully incorporates the new amendments to the Federal Rules of Civil Procedure, which affect such important topics as discovery.
This casebook emphasizes the text, structure, and history of the Constitution. It uses great cases for learning the major issues in constitutional law, and it gives less attention to small ripples of contemporary doctrine. It emphasizes the task of interpretation, including many examples of the interpretation of the Constitution by the political branches. And it includes features of our constitutional history that are neglected in many casebooks, such as slavery, the amendment process, and the early history of the freedom of speech. The third edition has many refinements. It also has more coverage of executive discretion, the taxing and spending powers, the Necessary and Proper Clause, incorporation, and the drafting of the Fourteenth Amendment. It is now suitable not only for a survey course, but also for a course focused on federalism, on the First Amendment, or on the Fourteenth Amendment.
In teaching and in practicing family law, the availability of pertinent codified material and recent commentary is indispensable. This compendium of statutory materials supplements the casebook by these same authors. The book is divided into four sections: (1) Uniform Laws and Model Legislation, (2) Federal Statutes, (3) State Statutes, and (4) International Treaties. These four sections illustrate the evolving perspective of family law, nationally and internationally. Included are statutes addressing, among others topics, premarital and marital agreements, testimony by minors, professional responsibility standards, mediation and arbitration, proof of paternity and surrogacy, and international treaties to protect children and women. Each statute is preceded by citations to pertinent legal periodicals, providing explanation and parameters for practice. As a quick reference or to provide a survey of what has been legislated to address a particular situation, this compendium of codes and commentary is an indispensable complement to the classroom or to practice.
This casebook covers all major aspects of employment discrimination law, including benchmark legislative, administrative, and judicial developments. Due in part to frequent updates and revisions, it has received accolades as one of the most comprehensive and frequently updated texts on the market. The 11th Edition continues this tradition by seamlessly incorporating all major legislative and judicial developments through February 2017, accompanied by textual notes and questions that explore issues answered or left unanswered by this jurisprudence.
The Seventh Edition of Fundamentals of Modern Property Law retains the highly successful problem method that has long characterized this landmark casebook: students take on the role of the lawyer in fact-rich hypothetical problems (Assignments) with multiple legal issues. Each Assignment builds students' lawyering skills of analysis and problem solving, as they master the fundamental principles and doctrines of property law. In addition, many Assignments are ideal for instructor-designed simulations of other professional skills, such as client interviewing and counseling, negotiation, oral advocacy, drafting, and objective and persuasive writing. The Seventh Edition continues the book's emphasis on emerging issues of environmental sustainability. The Seventh Edition also provides a comprehensive introduction to Intellectual Property law and emphasizes the art of planning to avoid controversy, in contrast to the typical first year curricular focus on resolving existing controversies.
As a part of our CasebookPlus offering, you'll receive a new print book along with lifetime digital access to the downloadable eBook. In addition, you'll receive 12-month online access to the Learning Library which includes quizzes tied specifically to your book, an outline starter and three leading study aids in that subject and the Gilbert (R) Law Dictionary. The included study aids are Environmental Law and Policy (Concepts and Insights Series), Environmental Law (Concise Hornbook Series) and Environmental Law in a Nutshell. Practicing Environmental Law brings the excitement of environmental law practice into the classroom. The book covers the traditional subject matter of an environmental law course, but in a new way. Each chapter includes multiple case study-style problems, which confront students with an environmental problem and a range of supporting materials. As students work through the book, they will develop an environmental justice advocacy strategy, decide whether to bring novel Clean Air Act litigation to address climate change, consider whether fireworks displays are point sources of water pollution, assess whether the Army Corps of Engineers must prepare an environmental impact statement for a new utility line, negotiate an enforcement settlement, and negotiate the contents of a landscape-scale habitat conservation plan-among many other exercises. They also will review, and use, affidavits, administrative orders and guidance documents, biological opinions, white papers, letters, and other document types, in addition to many statutory and regulatory excerpts and court cases. In short, they will simulate the work that environmental attorneys actually do. The casebook, along with the accompanying online self-assessment questions written by the authors, will teach you the basics of environmental law, and also help you gain deeper understanding of, and heightened enthusiasm for, a crucially important legal field.
This text examines law and legal institutions through the broad lens of Christian thought, both Catholic and Protestant. The book addresses methodological issues in Christian legal scholarship (What makes legal thought Christian ?); the relevance of Christian theological doctrines-such as creation, the Christian conception of the human person, the kingdom of God, and the natural and divine laws-for reflection on law; the significance of historical context for Christian legal thought; Christian reflection on important jurisprudential issues and concepts, such as equality, justice, rights, and the rule of law; and Christian perspectives on various legal subjects, such as contracts, torts, and property. The point of the book is less to prescribe what a Christian legal theory should entail in the way of outcomes than to use the Christian faith as a lens through which to understand, and reflect critically upon, law and legal institutions.
This book is designed for use in a single-semester, less than six-credit hours, contracts course. Drawing on the best features of the case method, it departs from the standard, reference-oriented texts, in order to provide concise, coherent, and teaching-oriented materials with a focus on principal cases, questions and notes. The goal of the book is to introduce the deep-seated topics of concern to the law of contracts with selective brevity, in choosing readings in classic and contemporary cases, and UCC and restatement sources, interesting hypotheticals and theoretical and practical reflections. This book also updates the conventional presentation of the subject by providing a more substantive treatment of the law of restitution and of relevant international and comparative materials.
This casebook provides an overview of the wide range of legal and ethical issues facing lawyers in practice. As did prior editions, the Sixth Edition integrates discussion of the ABA's Model Rules, the ALI's Restatement of the Law Governing Lawyers, as well as case law, statutory law, and regulatory law governing lawyers. The Sixth Edition includes extensive new coverage of Ethics 20/20 revisions to the Model Rules and new principal cases on conflicts of interest.
This law school casebook was developed by a team of professors at Harvard Law School to introduce students with little or no quantitative background to the basic analytical techniques that attorneys need to master to represent their clients effectively. This casebook presents clear explanations of decision analysis, games and information, contracting, accounting, finance, microeconomics, economic analysis of the law, fundamentals of statistics, and multiple regression analysis. References and examples have been thoroughly updated for this 3rd edition, and exposition of a number of key topics has been reworked to reflect insights gained from teaching these topics using the 1st edition to many hundreds of Harvard Law students over the past decade.
This book enables teaching of the rules of evidence, with an in-depth understanding achieved by no other casebook. The authors extensively cover rationales for the rules and how they fit into our system of resolving civil disputes as well as handling criminal justice issues in both jury and non-jury contexts. Many books focus on teaching the rules only in a trial practice mode. In this era of fewer trials, the book's philosophic underpinning is that the best way to teach Evidence is to provide students with a full and in-depth understanding of each rule so as to prepare them to deal with any possible variation on the issues that can arise at the stages of fact-gathering and investigation, or deposition and discovery, or at the stages of trial, or on appeal. The new edition, while as comprehensive and rich in analysis and supporting materials as previous editions, also contains new explanatory material designed to further students' understanding of the issues. This edition blends the new with the old, representing the latest installment of a casebook with a lineage that dates back to the nineteenth century. The tenth edition retains much of the historical evolution of evidence law from its common law origins through the emergence of the Federal Rules of Evidence and analogous state approaches. In addition, this comprehensive casebook covers new developments in scientific evidence, and applies new insights from fields such as logic and probability.
The tenth edition of this casebook - which began in 1973 with Professor Fred E. Inbau- includes two new chapters that modernize the study of criminal law. The first new chapter analyzes the law of drug possession and distribution and includes cases about the law of constructive possession, the line between possession and distribution, and the challenge of computing drug quantity. The tenth edition also includes a new chapter on driving while intoxicated, a crime that is central to the criminal justice system but which is absent from every other criminal law casebook. We challenge students to unpack each element of DWI statutes by determining what constitutes a vehicle, what qualifies as operation, what it means to be intoxicated, and what counts as a public road. In addition, the new DWI chapter also explores the difficult statutory interpretation issues created by the texting while driving statutes that have recently been enacted across the country. This is the first casebook to offer an in depth exploration of these modern offenses that account for millions of arrests and citations each year. At the same time, the book retains the core common law crimes and classic cases that are a staple of traditional criminal law courses.
The Concise Edition of this casebook is a relatively compact, easy-to-wield book that focuses on the text of Supreme Court opinions and other primary documents. Like the unabridged edition, it provides as much of the raw decisional, statutory and historical note material as is practical to allow teachers the latitude to structure courses in their own ways and to encourage students to formulate their own generalizations directly from the materials. It concentrates on the role of the federal judiciary, separation of powers, federalism, all aspects of due process and equal protection, and major topics within free speech and law and religion.
The authors of the fifteenth edition are proud of the book's heritage, which dates to 1936. At the same time, they are mindful of the needs of students and professors addressing the Conflict of Laws eight decades later. We have added the subtitle Private International Law to acknowledge the more common title of the subject outside the U.S., as well as to alert students that they will face a blend of domestic and international issues once they become lawyers. As an intellectual matter, the conflicts course presents rich and nuanced doctrine. As a professional matter, every litigator will face issues raised in this course. As a practical matter, an increasing number of students are drawn to the course because it is tested on the bar exam in every state that has adopted the universal bar exam or the multistate essay exam. The authors recognize the need, therefore, to provide appropriate review of civil procedure to allow the student to transition to the study of conflicts. A modern conflicts casebook must be flexible. Some professors will choose to cover a great deal of international and comparative law. Others, however, will prefer to address conflicts only in the domestic sphere. This edition fully supports either (or some middle) approach. The professor may comfortably choose how much international and comparative material to cover without losing transition or context. Some highlights of the fifteenth edition: Chapter 2 has been shortened and honed to drive home the significance of domicile and the complementary concept of habitual residence, including a new note on domicile and devolution of real property. Chapter 3, concerning personal jurisdiction, has been sharpened by trimming notes in light of current developments. There is a new note on Effects Jurisdiction, which addresses Calder and Keeton as a prelude the Supreme Court's most 2014 decision in Walden v. Fiore. In the section on general jurisdiction, Daimler replaces Goodyear as a principal case, and students are invited to consider how the constriction of general jurisdiction may impose increasing demands for expansion of specific jurisdiction. Chapter 4 pulls together everything that bears on limiting a court's exercise of jurisdiction that it otherwise has. This includes forum selection agreements in interstate and international transactions, antisuit injunctions, dismissals (or denials of motions to dismiss) in cases of parallel litigation (lis pendens) or on the ground of forum non conveniens, and federal transfer. Chapter 5 treats a number of questions often not addressed in depth in the first-year procedure course. For instance: what is a judgment for purposes of recognition - administrative decrees, equity decrees, modifiable support orders? How conclusive is a judgment on a second court - comparing Treinies with the 2010 SPEECH Act requiring review of foreign country awards for libel? Does public policy play a different role in the case of foreign than in interstate judgments? Can non-parties benefit or be bound: what about virtual representation or non-mutual collateral estoppel? What are the mechanisms for the recognition and enforcement of domestic and of foreign-country judgments in the United States? Chapter 6, concerning the impact of the Constitution, has been streamlined to enhance teachability. The 2016 opinion in franchise tax Board versus Hyatt is now included as a principal case. Chapters 7 and 8 present the central themes of choice of law. Both have been updated substantially. Chapter 8 has been considerably revised to show the progression from the traditional system, to the height of the conflicts revolution, to a developing consensus to consolidate modern analysis in a manner that provides more predictability and certainty. This revision is designed to give students - most of whom have little or no familiarity with choice of law doctrine - a better view of the state of U.S. Law. Chapter 8 is also divided into several subsections, allowing the teacher freedom to omit portions of it if desired. Chapter 9 addresses conflicts problems in the domestic and international settings. In keeping with the overall theme of flexibility, the professor may assign specific sections to engage a greater or lesser degree of review of Erie as well as a greater or lesser degree of international coverage. Chapters 10 through 13 cover particular subjects such a property, family law, and corporate law for professors who desire to go into these subjects in more depth. Recent changes in the law particularly affect Chapter 11 on Family Law. That chapter first briefly explores the place of celebration rule (also with respect to religious marriages), treats same-sex marriages and registered unions in the light of Obergefell with particular reference to property and inheritance interests, updates the material on divorce (including religious divorces), expands the treatment of child custody and of interstate and international child abduction, and updates the enforcement of maintenance obligations under interstate uniform law and the Hague Convention. Finally, a Documentary Appendix provides the principal legislative acts of the European Union with respect to jurisdiction in civil, divorce, and custody matters as well as with respect to choice of law in contract, tort, and divorce, in each case with extensive textual commentary. Notes in the main text refer to these materials, allowing an instructor to teach the material comparatively or to focus only on American law. The European materials all lend themselves for use in a seminar.
In the Ninth Edition of Studies in Contract Law, Ian Ayres and Greg Klass have continued their work of streamlining, updating and supplementing this classic casebook. The new edition includes extensive discussion of the Draft Restatement (Third) of Consumer Contracts. There are new cases on telemarketing, good faith, the perfect tender rule, warranties and reliance, half-truths, fraud liability between contracting parties, class arbitration, adequate assurances, mitigation, mental anguish, intentional interference, and personal services contracts. And the authors have added three new drafting exercises to the many practice problems that the book has always included. This edition makes some structural changes to the chapter on remedies to make it more accessible to students. The discussion now begins with general principles, such as the choice between damages and specific performance, efficient breach, and the foreseeability, mitigation and certainty rules. It then addresses seller and buyer remedies, under the UCC and common law, followed by a discussion of special topics such as personal service contracts, liquidated damages, and recovery for nonpecuniary damages. The new edition also includes a new section on fraud liability between contract parties-a topic that usually falls in the gap between Torts and Contracts. And the authors have integrated materials from the arbitration chapter into the rest of the book, and added new section on the Supreme Court's recent class arbitration jurisprudence. Ayres has now recorded more than 90 contract law videos that will be freely available for viewing on Coursera.com and YouTube (search for Ian Ayres Contracts ). These videos are largely free-standing discussions of individual cases from the casebook and can be used as supplemental lectures or to flip the classroom. Ayres has also recorded more than 30 videos, also freely available on these platform (search for Ayres Law Students toolkits ), covering basic legal concepts (e.g., rules vs. standards) and techniques (e.g., how to brief a case) that might be useful for first-year students.
This text is the seventh edition of an authoritative work that has defined and shaped the legal analysis of scientific evidence for four decades. A single source and definitive reference for law students, scholars, practicing attorneys, and judges, it covers the critical topics in the law and the scientific disciplines most frequently encountered in the courtroom. It explains established capabilities and existing limitations of forensic science methodologies, as well as controversial and emerging issues in both the forensic science community and the legal system. For each discipline, the standards and qualifications of experts are presented along with evidentiary issues and admissibility challenges. This practical resource begins with an overview of admissibility standards for scientific evidence and expert testimony and considerations for selecting and working with experts. It covers the legal principles relevant to demonstrative exhibits used by expert witnesses in connection with scientific evidence. Drawing upon extensive case references and current research articles, the book includes such topics and disciplines as fingerprint evidence, firearm and toolmark evidence, forensic document examination, fire scene and explosives investigation, trace evidence, vehicle investigations, digital forensics, forensic anthropology, forensic odontology, forensic pathology, forensic toxicology, forensic biology and DNA analysis, controlled substances analysis, and forensic psychiatry and psychology.
This updated casebook is designed for a first-year class on Legislation & Regulation, and provides a proven, ready-to-use set of materials for those interested in introducing such a class to their 1L curriculum. The book focuses on the tools and methods of interpreting legal texts, using Supreme Court and other appellate decisions as the primary texts, yet the note material gently introduces students to applicable insights from political science, history, economics, and philosophy. The book aims to familiarize students with tools and techniques that lawyers and judges use when crafting legal arguments in statutory or regulatory contexts, and to give students a sense of the larger questions of institutional design implicated by these interpretive questions.
This title offers an engaging and comprehensive overview of how American courts use research and testimony from the social sciences in reaching their decisions. It is organized around Daubert v. Merrill Dow Pharmaceuticals, Inc., the United States Supreme Court's landmark decision on scientific evidence. New Daubert-based cases are integrated throughout the text. The ninth edition offers a completely revised and up-to-date treatment of the increasingly critical role social science research plays in both federal and state judicial opinions.
The 14th Edition of Wright, Oakley, and Bassett's Cases and Materials on Federal Courts retains the style and structure of the 13th Edition, with its distinctive emphasis on cases and annotated footnotes rather than lengthy comments and questions by the editors. The new edition is completely up-to-the-minute; it includes thirteen new principal cases and fully revised annotations, and omits eight outdated or less effective case decisions. The casebook is accompanied by a revised set of Authors' Suggestions for a professor's effective classroom use.
The 12th edition of this comprehensive casebook draws both from its history and current debates to create a lively and rich set of materials appropriate for introductory as well as advanced courses. In addition, the new edition of the casebook offers a leaner presentation of many topics and more cues for helping students process the materials. With two new editors, this latest edition offers major changes including: new substantial chapter on legislative process and statutory interpretation (opening and closing with problems rather than judicial opinions) so that the casebook can be used for an introductory legislation and regulation course new introductory case study on the Department of Transportation's regulation of commercial airlines' tarmac delays new streamlined chapter that combines separate previous chapters on adjudication and due process new cases throughout that are more accessible and engaging for students more primary materials outside of judicial decisions (including statutes, administrative materials, and complaints) discussion of President Trump's Administration in many areas (including presidential power, rulemaking, and transparency) streamlining of notes, with more emphasis on strategic choices by agencies and challengers to agency action, across all three branches The new edition retains the casebook's classic cases and commentary as well as its modular approach-allowing instructors to choose the order of topics. Although there is considerable new material, the casebook's arrangement remains stable, facilitating continued use by those who have adopted the 11th edition. Going forward, the casebook will be updated at least annually through a free on-line supplement for students.
This user-friendly casebook covers the changing landscape of securities regulations, dealing concisely but comprehensively with the current state of the law, as well as with expected modifications to securities regulation. The philosophy for the presentation of materials is that securities law is tricky, and most students need a straightforward guide through the maze. Coverage of the Securities Act of 1933 and the Securities Exchange Act of 1934 is kept separate, and care is taken to distinguish the different perspectives of the planner and the litigator. The Ninth Edition has been completely revised to reflect the adoption or revision of a number of exemptions from '33 Act registration, the advent of digital currency, the prosecution of hackers for insider trading, the materiality of corporate ethics code violations, and a myriad of other topics, all explained as an integrated part of the overall structure of securities regulation rather than as confusing add-ons. The Ninth Edition also adds or discusses the important securities decisions issued since the last edition. These include Omnicare, Inc. v. Laborers District Council Construction Industry Pension Fund, Salman v. United States, and Kokesh v. SEC.
This edition of the book offers a comprehensive re-thinking of antitrust law, approaching competition problems in the market from a functional standpoint. The book has roots in prior editions, but it really offers a top-to-bottom reconsideration of how best to present modern issues in antitrust. After a brief introduction to the origins and objectives of antitrust law, the book launches the study of the field with a chapter on the concept of market power and the meaning of competition-building blocks that are essential to understanding everything else that follows in the course. It then devotes three chapters to the primary kinds of antitrust issues that arise from marketplace conduct: horizontal agreements among competitors, vertical distribution agreements, and exclusionary practices (whether done by a single firm or a group). Because of their importance to the economy, as well as to antitrust practice, mergers have their own chapter, which provides not only the important judicial opinions in this area, but also extensive materials from the Department of Justice and the Federal Trade Commission, the primary regulators of merger activity. The book then turns to two specialized issues that are of growing importance: the way in which U.S. antitrust laws operate in the global economy, and an innovative new chapter on intellectual property, technology, and platforms. It concludes with a chapter discussing the legal boundaries around the field of antitrust, including exemptions and immunities, and a chapter on the institutional framework for enforcement-the framework that translates words on a page into reality on the ground. The Seventh Edition retains and, where appropriate, adds to, the problems that have been a feature of this book for decades. To maximize instructor flexibility, the problems for each topic now appear at the end of the chapter.
International Law: Evolving Doctrine and Practice offers a flexible arrangement of materials for the teaching of an introductory course in international law. The inspiration for the book's editorial approach is the recognition that each professor comes to the study of international law from a variety of normative, critical, or interdisciplinary perspectives, and that the materials should be flexible enough to accommodate all comers. With this goal of pedagogical ecumenism in mind, the chapters present a variety of critical approaches to international law without letting one particular view dominate, though taken together the materials highlight the evolving nature of international legal doctrine and those areas where its legal norms remain contested or controversial. Sprinkled through each chapter are short Problem Cases-less than a page in length-that give students the opportunity to apply the doctrine to a unique fact pattern. The Problem Cases are presented in modular text boxes that can form the basis for rich classroom discussions or simply reserved for background reading at home, whichever the professor wishes. In addition to the typical array of chapters on sources and subjects of international law, human rights, International Humanitarian Law, International Criminal Law, the use of force, and humanitarian intervention, the book also includes chapters on international economic law and environmental law, including a consideration of the challenge posed by climate change.
The book presents a modern approach to understanding U.S. antitrust law, illuminating the economic analysis that dominates modern antitrust analysis in a straightforward way that minimizes technical jargon and makes the underlying economic concepts accessible to a broad audience. The cases are carefully edited to present the facts and issues clearly and succinctly, and this third edition completely revamps the book to include detailed textual answers to all the tough questions and details how to apply modern antitrust economic analysis to the cases. The result is a book that is quite compact, around 800 pages, but covers the full waterfront of antitrust issues and generates plenty of multi-layered points and ideas to fill a class. Throughout the book incorporates important Supreme Court antitrust cases and agency guidelines. The merger section focuses on modern agency practices and merger theories, and selected cases that illustrate them, rather than on outdated Supreme Court cases that no longer describe current merger enforcement. In addition to adding detailed answers to the questions, the third edition updates the book to incorporate recent developments, including the decisions in Actavis, North Carolina Dental, Meritor, and Eisai.
Receive complimentary lifetime digital access to the eBook with new print purchase. Adjudicatory Criminal Procedure is a truly distinct offering in the crowded criminal procedure textbook market. Carefully-edited cases, statutes, and rules frame the book's insightful commentary and illuminating analysis. The textbook's focus on federal procedure is complemented by a thoughtful recognition of the significance of state practice. Built-in, optional skills exercises grounded in the doctrine, and interactive hyperlinks to up-to-date, real-world applications of covered legal concepts accentuate this lean and well-edited modern textbook. The students and professors who work through the rich material will have the choice of a variety of pedagogical tools to enhance comprehension and mastery. With its mixture of doctrine, theory, policy, practical skills focus, and use of interactive resources, this is a textbook designed to help professors challenge the students of today and prepare the lawyers of tomorrow.
This casebook offers law professors and students a doctrinally comprehensive, theoretically ambitious, and up-to-date exploration of the treatment of sexuality and gender in American public law. The Fourth Edition extends the historically grounded first chapter from the Third Edition - establishing the three primary doctrinal strands of liberty, equality, and expression - through the end of the twentieth century. The second chapter focuses on the turning points that now define the field: The post-Roe undue burden standard as it has evolved from Planned Parenthood v. Casey to Whole Woman's Health v. Hellerstadt; The elimination of criminal laws against sexual conduct based on morality in Lawrence v. Texas and queries as to the reach of that principle; and The legalization of same-sex marriage in Obergefell v. Hodges. Discrimination against women and against trans- and non-binary persons is highlighted throughout the book, from the historical chapter through the most contemporary disputes in workplace and family law. The book's distinctive chapter on the theoretical debates that underlay the field contains more coverage of intersectional and trans-influenced thinking, and a new chapter focuses on the conflict between equality and religious liberty claims, which increasingly dominate in both LGBT and reproductive rights cases. With Professor Courtney Joslin of UC-Davis Law School joining as a new co-author, Sexuality, Gender, and the Law continues to provide both the most comprehensive and deepest coverage of this dynamic field.
Principles of Patent Law provides comprehensive coverage of the policies, laws, rules, and practices of the U.S. patent system in a format accessible to students, lawyers, government officials, and business people. The Seventh Edition builds on the strengths of prior editions in combining discussions of the law and theory of patents with instructive case materials. The Seventh Edition features a number of significant changes designed to reflect the new normal with respect to various aspects of U.S. patent law, including (1) the revitalization of jurisprudence on subject-matter eligibility, (2) the ongoing transition to dominance of patentability provisions adopted by the America Invents Act of 2011 (AIA), and (3) the increased roles of administrative proceedings and administrative-law concerns in patent law practice. In response to such developments, we have reorganized the chapters on patentability essentially to follow the order of 101 to 103 and 112 in the Patent Act. In the chapters on novelty and nonobviousness, we have generally placed the primary focus on the AIA formulations of these requirements, with pre-AIA law now tending to appear in a more secondary role. We have also introduced a new, separate chapter on Procedures and Institutions of patent law. We hope that the result is a spryer casebook that stays true to the vision of the First Edition.
With the prior edition of this concise, up-to-date casebook having been adopted at over 100 law schools, the tenth edition preserves the authors' tradition of providing a comprehensive overview of agency, partnership, and corporation law. It also continues to emphasize five basic editorial principles: Cases edited ruthlessly to produce a readable and concise result. Facts matter, so they are included in all their potential ambiguity. Bring a planner's perspective to the table through extensive use of transactionally-oriented problems. It's a casebook not a treatise. No long, stultifying textual passages. Provide the cases and let the individual teacher use them as he or she sees fit. Try to find cases that are fun to teach. Great facts or a clever analysis are always given first priority in case selection.
This book presents a globalized approach to antitrust law and economics. On all major topics, the book presents the leading cases from both the US and EU law and summarizes the antitrust laws of all the nations with the world's leading GDPs. The cases are carefully edited to present the facts and issues clearly and succinctly, and this third edition completely revamps the book to include detailed textual answers to all the tough questions and details how to apply modern antitrust analysis to the cases, in a straightforward way that minimizes technical jargon and makes the underlying economic concepts accessible to a broad audience. In addition to adding detailed answers to the questions, the third edition updates the book to incorporate recent developments, including the U.S. decisions in Actavis, North Carolina Dental, Meritor, and Eisai, as well as EU decisions and judgments, such as Cartes Bancaires, Intel, Lundbeck, and Post Danmark, and a myriad of updates to the antitrust laws of all the other nations with the world's leading GDPs.
This casebook provides detailed coverage of federal courts and the law of federal-state relations. The authors have completely reorganized the chapter on the law of habeas corpus (Chapter VII) to take account of recent developments in the field and to provide more manageable coverage of this difficult subject. Additionally, important new decisions are noted throughout. The 9th edition is up-to-date through December 2017.
The Tenth Edition of this textbook-casebook incorporates recent developments in K-12 Education Law into its conceptual framework by offering updated analysis of major topics in the field. The Tenth Edition added more than 500 case citations since 2014 along with substantive discussions of many of these suits. In addition, the book includes five new case excerpts of opinions on cutting edge issues addressing state aid to faith-based educational institutions in Chapter 2; whether communications by school board members via e-mail messages violate a state's open meetings law in Chapter 4; the extent to which school boards may promote ballot initiatives in Chapter 4; transfer rules impacting student-athletes in interscholastic sports in Chapter 12; and the level of services school boards must provide students with disabilities in Chapter 15. Citations continue to include references to West's Education Law Reporter, thereby making it easier for instructors, students, practitioners, and other readers to locate cases and materials.
Continuing the tradition that has made it a leader in its field, this casebook uses problems to provide an overview of lawyers' professional responsibility. One of the most rapidly changing fields in American law, professional responsibility sees new issues, rules and cases each year, all of which are covered in this book. The authors have carefully designed this Thirteenth Edition to be familiar to long time users, and accessible to new ones. It continues its tradition of offering the most usable and up-to-date course materials to teach legal ethics and the law governing the practice of law. The new Thirteenth Edition provides resources to help law teachers address the many changes in the legal profession and professional responsibility law since the last edition in 2014. Among those changes are: ABA adoption of Model Rule 8.4(g) that forbids harassment or discrimination by lawyers on the basis of race, sex, religion, national origin, ethnicity, disability, age, sexual orientation, gender identity, marital status or socioeconomic status in conduct related to the practice of law. Efforts to expand the availability of legal services to poor and middle-income persons who do not now use lawyers. Changing methods of delivering legal services, both those used by traditional law firms and services proposed by non-traditional providers. Changes in discovery rules and other procedural requirements that create new lawyer obligations to opponents and the court. Efforts to simplify and clarify rules relating to lawyer marketing. Use of judicial ethics rules to define Constitutional due process requirements that lawyers may raise on behalf of their clients.
A 2018-19 Case and Statute Supplement accompanies the 7th Edition of Owen and Davis' Products Liability and Safety, Cases and Materials. The Supplement includes the Restatement Third of Torts: Products Liability, with its comments, together with significant sections of the Second Restatement and the UCC. In addition to important new case law, the Supplement includes an updated set of state products liability reform statutes and key federal statutes on products liability and safety law.
Nelson's Statutory Interpretation aspires both to train students in the techniques of statutory interpretation and to help students think systematically about those techniques. It presents lightly edited judicial opinions in leading cases, followed by extensive notes and questions that encourage careful analysis of difficult concepts. It takes seriously both textualist and intentionalist (or purposivist ) modes of statutory interpretation ; approaches that are common at all levels of the judiciary.
This textbook provides comprehensive coverage of international finance from policy, regulatory, and transactional perspectives. It is organized in five parts. Part One deals with the international aspects of banking and securities markets in major financial centers. It covers sweeping reforms in response to the global financial crisis of 2007-2009 and the Eurozone crisis that followed, including new national and international approaches to financial stability oversight, as well as the latest regulatory relief initiatives moderating the effects of post-crisis reforms. Part Two considers the infrastructure of global financial markets, including payment, clearing and settlement systems, foreign exchange regimes, and international coordination of capital and liquidity requirements. Part Three deals with major market instruments, including securitization and derivatives contracts, and the regulation of money managers. Part Four focuses on the emerging markets, and covers project finance, debt crises, and international institutions for development finance and financial crisis response. A full chapter is devoted to China's financial reforms and its evolving role in the international financial architecture. Part Five addresses the challenge of controlling the financing of terrorism.
This casebook on federal income taxation contains detailed text and explanatory materials. The eighth edition marks a major revision of the casebook to cover recent regulations, rulings, cases and other new developments, including the major changes made to the Internal Revenue Code by tax legislation in 2017.
This supplement brings the principal text current with recent developments in the law.
This casebook provides a thorough and current introduction to the content and concepts behind toxic substances and hazardous waste law, focusing on major statutes and including key scientific, policy, and economic context. Detailed consideration of the Federal Insecticide, Fungicide, and Rodenticide Act; the Toxic Substances Control Act (as recently amended); the Resource Conservation and Recovery Act; and Comprehensive Environmental Response, Compensation and Recovery Act is included. In addition, toxic torts and alternative approaches to toxics regulation are described and analyzed. This casebook focuses on the unique environmental effects of, and the consequent problems of regulating, toxic substances and hazardous wastes. It is suitable for use both in first courses in environmental law (in law schools where the introductory course covers two semesters, for example) and in advanced courses in toxic torts, chemical and pesticides regulation, hazardous waste law and policy, or risk regulation. The casebook provides foundational material on risk assessment, cost-benefit analysis, and other regulatory tools. It then covers in detail the numerous judge-made, statutory, and administrative regimes that regulate the life cycle of toxic substances: production, use, discharge, disposal, environmental remediation, and compensation. Throughout, the casebook emphasizes scientific, policy, scholarly, and topical materials, in addition to the traditional cases, statutes, and regulations. Problems in every chapter help to develop issues raised in the text.
This groundbreaking casebook is ideal for introductory Constitutional Law courses of 3-5 units that teach both structure and rights. Its novel approach presents constitutional law as a coherent system, not as isolated doctrines in silos. The book integrates subjects ordinarily taught in Con Law I and II; it integrates historical and doctrinal approaches; it integrates features of a casebook and a study guide; and it presents each case as an integrated whole, so that students learn relationships among doctrines while studying the details of each. Its tone is accessible, while its structure allows for sophisticated classroom discussion. The Second Edition goes beyond merely incorporating significant cases decided after the First Edition was published in 2015. New historical material and biographical profiles have been added, even for pre-existing cases; some chapters have been reorganized; and some text has been revised to anticipate student questions that commonly arise. The features of the casebook that made it a student favorite are, of course, retained. (Students in Prof. Caplan's classes were asked, in an anonymous survey distributed by proctors at the end of the semester, how the First Edition compared to casebooks used in other classes. 37% said the book was better than casebooks they used in other classes, and 45% said the book was a lot better. )
The leader in its field, Leading Constitutional Cases on Criminal Justice is updated annually and includes all significant cases decided in the preceding Term of the Court. Cases are edited generously and presented in a simple, straightforward format, for use in courses on constitutional law and criminal justice. The 2018 edition is published in August and is available for fall classes.
In this edition, the authors preserve the relative simplicity and compact coverage of an introductory employment discrimination law casebook in a field which continues to grow ever more complex. Keeping the larger questions in view, and the controversial arguments that surround them on all sides, remains a challenge as cases and statutes raise ever more finely tuned issues of doctrine. This edition keeps readers abreast of recent developments, assesses what they hold for the future of employment discrimination law, and introduces the issues in a field of continuing vitality and controversy.
Adopted at over 100 schools, this casebook provides detailed information on federal income taxation, with specific assignments to the Internal Revenue Code, selected cases, and administrative rulings from the Internal Revenue Service. The revised and updated Nineteenth Edition retains the book's long standing format and much of its prior materials, but it is updated to reflect recent events including all legislative developments, especially the 2017 Tax Cuts and Jobs Act (Pub. L. 115-97). The new edition contains coverage of the provisions of the Tax Cuts and Jobs Act, including the following significant changes: (1) rate reductions for individuals, including a significant rate reduction for business income earned in pass-through entities, (2) changes liberalizing the cost recovery system (including 179 and 168(k)), (3) restrictions on the home mortgage interest deduction and deduction for state and local taxes, (4) the elimination of the deduction for most entertainment expenditures, (5) the non-deductibility of miscellaneous itemized deductions and the effect of that change on other areas of deductions, (6) a new limitation on the deductibility of business interest, (7) a new limitation on excess business losses of noncorporate taxpayers, (8) repeal of the rules for alimony and separate maintenance payments after 2018, (9) the significant increase in the standard deduction and elimination of the exemption deduction, (10) changes in the accrual method of accounting, (11) the increase and expansion of the child tax credit, (12) a new 60% limitation applicable to cash gifts to public charities, (13) new rules limiting like-kind exchanges to real property exchanges, (14) simplification of the kiddie tax, and (15) increased exemption amounts under the alternative minimum tax which make the tax applicable to fewer individuals.
In addition to the 13th edition, the authors now offer an Abridged Version. Continuing the tradition that has made Morgan, Rotunda, and Dzienkowski's Problems & Materials on Professional Responsibility a leader in its field, this abridged version of the casebook uses problems to provide an overview of lawyers' professional responsibility. This condensed edition covers these topics in an abbreviated format. The abridged coursebook is based on the 13th edition of Problems & Materials on Professional Responsibility, which has been the most widely-used Professional Responsibility coursebook and the leader in its field since its first edition in 1976, over 40 years ago. It is designed for 2 hour classes and for seminars in legal ethics. As the law has evolved, so has the 13th edition. Yet, some schools and professors would like to offer a shorter course than the 13th edition anticipates. This abridged edition fits the bill. The authors have carefully designed it to be familiar to long time users, and accessible to new adopters. It focuses on the major issues of law governing the practice of law and the law of judicial disqualification, while shortening the volume of material and focusing on only the most essential topics. It continues its tradition of offering the most usable and up-to-date course materials to teach legal ethics and the law governing the practice of law. Students using this book will learn what they need to pass the state bar exam on Professional Responsibility yet also be introduced to the larger topics that the 13th edition covers more thoroughly.
An up-to-date response to the trend toward teaching corporate tax and partnership tax in a consolidated course, the 6th edition comprehensively incorporates all relevant changes resulting from the Tax Cuts and Jobs Act signed into law on December 22, 2017. The new edition continues to use a unique mix of cases and rulings focusing on tax issues in a business planning context. The creative, student-friendly structure includes many examples and problems. The material can be taught in either an integrated manner or entity-by-entity. The 6th edition incorporates all legislative changes since the prior edition and recent cases and rulings. The 6th edition includes many examples and problems. Parts I-IV are designed for an intermediate three or four credit course on C Corporations, S Corporations and partnerships. The material can be taught in either an integrated manner or entity-by-entity. Parts V-VI are designed for an advanced, two or three credit course in asset and stock sales, corporate reorganizations and spin-offs. The casebook is also appropriate for a three or four credit intermediate corporate tax course by omitting the partnership chapters. The book is suitable for both the J.D. and LL.M levels.
This casebook provides the most complete treatment available of constitutional tort actions under 42 U.S.C. 1983 and Bivens. The elaborate doctrines of official immunity are examined in detail, as is the possibility of direct governmental liability under Monell v. Dept. of Social Services. The Fourth Edition also explores the relation of 1983 to the Eleventh Amendment, qualified immunity, and the award of attorney's fees. It also provides an introduction to actions under other Reconstruction Civil Rights Acts ( 1981, 1982, and 1985), under modern statutes such as Title VII and Title IX (which add sex discrimination to previously prohibited grounds of discrimination), and to structural reform litigation (usually undertaken in the form of class actions).
Adopted at 185 U.S. law schools since its inception, this casebook mixes theory, policy, and politics with legal doctrine, planning, and problem-solving. The book incorporates key current issues and events, and is rich in policy analysis, fact problems, and simulation exercises. The new edition incorporates the sweeping developments of the past five years. Highlights include: Prosecutorial discretion, zero-tolerance and immigration-related criminal charges, and sanctuary cities Updates on DACA and DAPA Detention and Jennings v. Rodriguez The Travel Ban and Trump v. Hawaii A rewritten section on children, the family separation policy, and SIJ status Attacks on the independence of the immigration courts Revamped section on asylum, with full coverage of A-B-, other gender-related and gang-related asylum cases, non-state actors, and new credible fear guidance Major restructuring of materials on the immigration consequences of crime, including the categorical and modified categorical approaches, incorporating major court decisions Terminations of temporary protected status Dramatic cuts to the overseas refugee program Pereira v. Sessions and immigration court jurisdiction Kerry v. Din and judicial review of consular visa denials Sessions v. Morales-Santana and gender distinctions in citizenship acquisition Expanded coverage of VAWA and T & U-visas Material support for terrorism and Matter of A-C-M- Proposed new rules on public charge
Contextualizing Civil Procedure It's the Civil Procedure Professors' classic lament - litigators who are former students are always telling us that NOW they see why civil procedure is so important, and that NOW they understand it. Our challenge is to make the course accessible to our students while they are enrolled, not just after they start practicing. The Patt v. Donner case file is intended to do just that - to help civil procedure students put the course in context as they study, by requiring them to follow, and help draft the pleadings, as a simulated case unfolds from the first day of the semester to the last. On day 1 students watch a ten-minute You Tube (TM) video of an initial client interview. Paula Patt, a newly arrived graduate student at UC Berkeley has been denied an apartment; she suspects it's because she's a single mother. Over the course of the semester students participate in drafting her complaint and seeking a TRO; switch sides to help complete motions to dismiss for failure to state a claim, lack of personal jurisdiction, and lack of subject matter jurisdiction; switch back to amend the complaint and move for discovery sanctions; oppose a motion to intervene, then move for-or oppose-summary judgment, and conclude the term with a settlement negotiation. Each pleading exercise provides the student with a largely completed pleading; all they need to do is draft a few key paragraphs. (We call this the 90% solution.) The exercises can be completed as homework or in class, as solo assignments or in teams, and with feedback from the instructor, teaching assistants, or through peer review.
The Unabridged Twelfth Edition offers detailed information on corporate law and covers new principal cases, text, and explanatory materials designed to illustrate the development of corporate law. In preparing this edition, Professors Cox and Eisenberg reviewed all the principal cases and, where appropriate, re-edited them to tighten the writing while preserving a full-bodied presentation of the facts and discussion. The book contains rich note material synthesizing case developments, empirical data bearing on important corporate topics, and competing approaches to corporate issues.
Family Property Law, Cases and Materials on Wills, Trusts, and Estates by Thomas P. Gallanis
With the appearance of the Eleventh Edition, this book is now well into its sixth decade. Throughout its long history, this casebook has relied on classic cases to capture the fundamental principles of contract law. This new edition preserves and builds upon the book's distinctive character, especially its use of canonical cases and its sensitivity to the history. The newly added cases show how the basic principles of contract law continue to evolve, even in such well-explored areas as promissory estoppel and restitution. As before, this edition eschews any distinctive take on the law of contracts and thus allows each teacher using the book a broad range of choice on what to bring in to channel or expand classroom discussion. The most visible alteration in this edition is a new focus on the bargaining environment in which contracts are formed and how legal rules shape it. A significant amount of new material has been added, but the length of the book remains about the same.
The Sixth Edition of Transnational Business Problems combines the best aspects of a conceptual, systemic approach and a problems approach. It provides a sophisticated intellectual framework for understanding the most significant contractual and regulatory issues in international business. At fewer than 600 pages, this compact book is ideal for a one-semester course. One Volume. Transnational Business Problems presents the important practical and policy aspects of international transactions in one reasonably-sized volume. Covers Systemic Issues First. Transnational Business Problems considers systemic issues first. Four introductory chapters discuss the role of the international lawyer, the resolution of international disputes, the relationship between international and domestic law, the extraterritorial reach of domestic law, and corporate social responsibility. Problems Approach. The introductory chapters are followed by eight problems, each focused on a different kind of transaction: transnational sales, agency and distributorship agreements, licensing, foreign direct investment, mergers and acquisitions, joint ventures, concession agreements, and international debt instruments. Each problem covers both contractual and regulatory issues. Nearly all begin with a sample contract. Sophistication. The book uses primary source materials-draft contracts, statutes, regulations, treaties, cases, and arbitral awards-that allow students, with help from the text, to work through issues in a realistic way. The book goes beyond the nuts and bolts of transactions to encourage consideration of broader policy issues: from the liability of corporations for human rights violations to restrictions on foreign investment; from the compulsory licensing of HIV drugs to the restructuring of sovereign debt. Geographical Diversity. Transnational Business Problems reflects the geographical diversity of business today. The problems focus on China, the European Union, the Andean Community, Mexico, and Brazil. Materials from other parts of the world are included in the introductory chapters. Intellectual Heritage. Transnational Business Problems grows out of a rich intellectual heritage that began with Milton Katz and Kingman Brewster's International Transactions and evolved into Henry Steiner and Detlev Vagts's Transnational Legal Problems. The book views transnational business problems as a particular species of transnational legal problem that both generates and is influenced by transnational legal process. Fully Updated. The Sixth Edition of Transnational Business Problems is fully updated to account for developments through the start of 2019. The introductory chapters and many of the problems have been substantially revised. Every year between editions the authors provide an update in memo form that teachers can distribute as a supplement to their classes.
This casebook emphasizes environmental policy, as well as the structure and details of the federal environmental statutes. It focuses students' attention on how tradeoffs between environmental goals and social goals are resolved in different and difficult contexts. The book pays close attention to the political context in which regulation takes place, looking at the impact of the federal government, interest groups, and administrative agencies in the regulatory process. It examines current efforts to address climate change and regulate greenhouse gases through existing statutory frameworks. The casebook includes substantial introductions and extensive notes and questions to guide classroom discussion. The book has been updated to reflect new developments in the law of natural resource management, water pollution, and climate change.
This law school casebook provides a detailed examination of secured transactions in both the commercial and consumer context. The Tenth Edition treats in detail the provisions of Article 9 (Secured Transactions), including the 2010 Amendments and associated case law. Recent important cases applying Article 9's provisions have been added. New problems and notes are integrated with cases to allow convenient treatment of statutory innovations. It retains the mix of problems and cases present in previous editions. Forms are included.
This casebook provides a unique combination of clearly structured and lawyerly coverage of the cases with rich historical, theoretical, and philosophical materials that illuminate the development of our constitutional law. The note materials and questions in the casebook make it easy to structure classes and promote lively discussion. And comparative examples from the constitutional law of other nations are provided throughout. The Twentieth Edition is an updated version of this classic casebook, adding new materials on the Supreme Court's most recent decisions on the First Amendment, Equal Protection, Substantive Due Process, Separation of Powers, and Federalism.
This 2019 Supplement may be used with any casebook or other materials used in an Evidence course. It was prepared to accompany Weinstein, Abrams, Brewer, and Medwed's Evidence, 10th Edition. It contains the latest versions of the Federal Rules of Evidence and the California Evidence Code, with comments, notes and commentaries.
The Law of Biodiversity and Ecosystem Management by John Copeland Nagle, J. B. Ruhl, Kalyani Robbins
In 2017, the U.S. adopted the most far reaching changes to its international tax laws since 1962. This updated edition reflects these changes and provides law teachers with a relatively simple, easy to use casebook to teach U.S. international taxation. The field is notoriously complex, more so, perhaps, than any other area of Federal tax law. The focus is on how the details of the tax law fit into a broader structure, which is described in the introduction. The book enables students to fit the particular issues they are working on into a larger context, to develop an intuition for where the problem areas may lie.
The 2019 Supplement notes or reprints in edited form with analysis significant cases issued since the original publication date of the Tenth Edition. Key reprinted cases include FTI (US), Jevic Holding (US), Husky Int'l Electronics (US), Tempnology (US), Taggart (US), MPM Silicones (2d Cir.), Motors Liquidation (2d Cir.), Sunnyslope (9th Cir.), Town Center Flats (6th Cir.) and Ultra Petroleum (5th Cir.). With this 2019 Supplement the Hon. Michelle M. Harner joins Daniel J. Bussel and David A. Skeel, Jr. as a co-author of these materials.
The 13th edition, while retaining materials that have stood the test of time, represents a major overhaul of the text, with significant changes to every chapter. The changes are meant not only to update the text but to give the entire book a fresh, new feel. It is designed to give students a strong sense both that much of the law of evidence reflects enduring principles and that it continues to respond to contemporary situations and problems. This edition retains what has made this book so distinctive for decades, classic problems and materials, some of them from non-legal sources. Teachers who have used prior editions will still find here their favorites. But this edition replaces many old materials that have a tired feel with new ones from the last few years. The new edition adds three important new Supreme Court cases, one on the right to confrontation and two on impeachment of jury verdicts, and numerous significant and interesting cases from state courts and lower federal courts. The authors have continued the practice of choosing cases and other materials on the basis of teachability, and the additions promise to be fun to teach. At the same time, the authors have tightened up on the entire text, so that this edition is significantly shorter than the last one.
The 2019 statutory and case supplement covers significant developments since the publication of the casebook, including: Super Shuttle DFW, Inc., 367 NLRB No. 75 (2019) accepting the D.C. Circuit's approach to independent contractor determination. UPMC Presbyterian Hosp., 368 NLRB No. 2 (2019) restricting the access of union organizers to public spaces - a restaurant - on an employer's premises when promoting the union. Didlake Inc., 367 NLRB No. 125 (2019) employer speech misstating the law as requiring the payment of union dues law is treated as a factual misrepresentation during a union campaign. Alstate Maintenance, LLC, 367 NLRB No. 68 (2019) restricting the scope of concerted activity for mutual aid or protection . G.C. Advice Memo. (Dec. 20, 2018), NLRB's General Counsel effort to eliminate use of Scabby, the inflated rat. Board's reconsideration of deferral to arbitration standards (March 15, 2019). Bridgewood Health Care Center, Inc., 367 NLRB No. 110 (2019) restricting remedy where successor employer unlawfully attempts to avoid successorship. Johnson Controls, 368 NLRB No. 20 (2019) partially abrogating Levitz Furniture where conflicting claims regarding majority support are made prior to the termination date of a collective bargaining agreement.
The 5th Edition explores the federal income taxation of corporations and their shareholders and can be used in a variety of courses covering corporate taxation at either the J.D. or LL.M. level. Numerous important revisions to the statutory structure over the past few decades-the changing magnitude of the capital gain preference, the preferential rate for dividends, the 2017 reduction to the corporate tax rate, a maximum individual rate now substantially higher than the maximum corporate rate, and repeal of the General Utilities rule providing nonrecognition of gain upon the distribution of property by a corporation-have changed dramatically the important issues. Most chapters and sections of chapters are introduced by a textual discussion or outline of the basic issues and structure of the statute governing treatment of the particular item or transaction covered in the chapter or section. This is followed by a principal case reading, generally a judicial decision but sometimes an IRS ruling or legislative history excerpt. A Detailed Analysis follows the principal case reading and is intended to facilitate the professor's ability to tailor the class to the needs of a particular course through selecting portions of that analysis. Class Discussion Problems are incorporated directly into the text. In selecting and organizing the materials, we have attempted to maximize the usefulness of these materials for whatever approach the professor wishes to adopt-an intensive technical analysis, a problem-oriented method, a consideration of the policies that underlie the technical tax structure, or a survey of the principal elements of the federal income taxation of corporations.
The 2019 Statutory and Case Supplement brings the casebook up-to-date, noting new developments in a short introductory section. Because the supplement also includes edited versions of the most important new cases, as well as the Federal Rules of Civil Procedure, the Constitution, and relevant statutes, it can be used with any civil procedure casebook.
CasebookPlus Hardbound - New, hardbound print book includes lifetime digital access to an eBook, with the ability to highlight and take notes, and 12-month access to a digital Learning Library that includes self-assessment quizzes tied to this book, leading study aids, an outline starter, and Gilbert Law Dictionary.
CasebookPlus Hardbound - New, hardbound print book includes lifetime digital access to an eBook, with the ability to highlight and take notes, and 12-month access to a digital Learning Library that includes self-assessment quizzes tied to this book, leading study aids, an outline starter, and Gilbert Law Dictionary.
More than forty years since its initial publication in 1978, the Concise Seventh Edition of Cases and Materials on Family Law gives students an introduction to Family Law that follows the field's traditional and emerging forms in ways that are entirely fresh. Like earlier editions, the Concise Edition weaves together cases, statutes, model codes, policy, narrative, history, transnational sources, and a judicious amount of theory, in highly accessible ways. The well-known strengths of earlier editions' treatment of Family Law's many equality themes have been updated and expanded to feature deep engagements at Family Law's intersection with different axes of inequality, including race, ethnicity, gender, gender identity and expression, sexual orientation, and class. The editing of the Concise edition has produced a casebook that introduces the full range of Family Law topics in a manner that is direct, unadorned, accessible, and distinctively teachable. This edition is ideal for instructing students on the major highways of the field with materials that capture and convey a taste for their dynamism, interest, and future directions.
This casebook explores the law of remedies, and several features distinguish it from other leading casebooks. This book treats equity as a vital part of modern law, and its coverage of restitution is extensive and clearly organized. The book also employs the pedagogically useful technique of illustrating many remedial principles in both a tort context and a contract context. In this edition, there is a more systematic presentation of equity, and there are new chapters on accounting for profits, constructive trust, equitable compensation, statutory damages, and declaratory judgments. The book is named for three of the previous editors: James Barr Ames, Zechariah Chafee, Jr., and Edward D. Re.
This classic civil procedure casebook begins with a detailed overview, thus providing students with a solid and complete grounding in the subject, before proceeding to in-depth coverage of the major problem areas. It is highly versatile and can serve the most profound of civil procedure courses as well as a modern compact course allotted as few as three semester hours. Thanks to its flexible structure, it also fosters diverse teaching methods. The thirteenth edition retains prior editions' range and depth of coverage, while reflecting a thorough rewriting for improved flow and clarity. It newly features most prominently a reordering of the Part on jurisdiction and a reworking of the rapidly changing subject of general and specific personal jurisdiction. Finally, it brings a proven Stories approach to the presentation of the major cases' backgrounds.
The new, 8th edition modernizes and enriches the previous edition. While retaining a great majority of prior cases and materials, it adds a number of important new cases and legislative developments, makes minor organizational enhancements, and adds depth to the most important sections. The 8th edition continues to stress developments in the evolving meaning of defectiveness and problems of proof-both generally and arising from the Supreme Court's Daubert v. Merrell Dow decision. The new edition includes new, updated, and enriched materials in such critical areas as: Amazon's liability for selling defective products Defective medical devices Federal preemption Toxic substances causation Automated vehicles Computer software as a product Human body parts as products Previous editions of this classic casebook have been adopted at over 100 law schools, including Harvard, Yale, Penn, NYU, Michigan, Duke, Georgetown, William and Mary, and Texas. The 8th edition is well-suited for both two- and three-hour courses.
This casebook on investigative criminal procedure takes a fresh and uniquely contemporary doctrinal approach. It begins with enough history to enable students to follow the historical arguments that pervade the Supreme Court's great landmarks. Those landmarks receive extensive coverage. Scholarly lower-court opinions, however, often are used as force-multipliers, to synthesize and apply the ever-growing Supreme Court case law. Many of these opinions arose from civil actions, illustrating Section 1983 litigation even before the extensive chapter on constitutional remedies. That chapter deals with the exclusionary rule, but also with 1983 and Bivens suits. Institutional reform injunctions--the most dramatic development in the field in decades-receive extensive treatment. Brief but detailed Notes introduce pertinent academic literature, including empirical findings on stop-and-frisk and institutional reform injunctions, systemic feedback loops, the philosophical basis of the privilege against self-incrimination, and the role of race-past and present--in the law of criminal procedure. Prior books emphasize the Supreme Court's decisions applying the constitutional exclusionary rules. This understandable focus comes at a price. Too little attention is paid to the origins of our constitutional rights or to remedies for institutional violence as distinct from invasions of privacy. The prevailing focus on the e-rule risks devoting the whole course to only part (admittedly a very important part) of the law.
This popular casebook provides a comprehensive overview of the constitutional, statutory, regulatory, and common law principles of employment law. The doctrinal development of the law is assessed in light of contemporary economic, technological, social, and political conditions. The 9th edition includes a more detailed treatment of independent contractors and gig workers, sexual orientation and gender identity discrimination under Title VII, updates on employee health coverage, and the Secure Act of 2019 dealing with small employer retirement plans. Among the statutes covered by the casebook are Title VII of the Civil Rights Act of 1964, Age Discrimination in Employment Act, Americans with Disabilities Act, Family and Medical Leave Act, Employee Retirement Income Security Act, and Worker Adjustment and Retraining Notification Act.
This easy-to-teach casebook offers a clear explanation of the bankruptcy process. The text challenges the student with commentary and questions that explore both new and classical bankruptcy themes. Essays, cases, and questions are integrated with one another and answers are provided to every question. The book is fully updated and addresses, for example: Prominent developments on topics such as credit bidding, gifting, claims designation, fraudulent conveyance, government bailouts, safe harbors for financial contracts, and the Dodd-Frank Act. The advent of creditor control in the Chapter 11 reorganization process. The continuing influence of the 2005 Bankruptcy Act on individuals in bankruptcy.
This casebook, which has been used as the principal text in more than one hundred law schools, contains extensive material on insurance contract formation and interpretation; insurance regulation; insurable interest and liability for bad-faith breach; property, health, life, and disability insurance; commercial general liability and directors & officers liability insurance; auto insurance; and reinsurance. The casebook gives equal emphasis to personal and commercial insurance, and reprints within the relevant chapters four standard-form insurance policies. The Seventh Edition includes a new stand-alone chapter on health insurance as well as new materials addressing the American Law Institute's Restatement of the Law of Liability Insurance and long-term care insurance. It also includes substantially updated materials on a range of issues, including liability insurers' duty to settle, concurrent causation, and the number of occurrences. The new edition also includes some updated standard-form insurance policies and declaration pages.
Through its excellence in scholarship, clarity, and ease of use, this casebook engages readers in critical thinking about tort law and its operation in modern social settings. It sets forth crisply-edited classic tort cases, new tort law trends, and nuances in developing case law that impact the law and its application in the real world. Principal cases are not discarded just for the sake of change but because new cases reflect important changes in the law and present current doctrine in insightful and highly effective ways. The casebook goes beyond judicial decisions and includes key tort centered legislation and comparative perspectives where relevant. The casebook encourages the student to understand the English and American common law foundations of Tort law and to debate modern trends within various policy prescriptions. Unbiased in its approach and organized in manageable sections of information, the casebook is a superb tool for productive and stimulating classroom debate. The authors are an outstanding combination of respected scholars and practitioners. They have worked as a team since the 9th edition, published in 1994. Victor Schwartz was an Advisor on the first three sections of the Restatement (Third): Products Liability, Apportionment of Liability, and Physical and Emotional Harm. David Partlett is presently an Advisor on two new Restatements relating to liability for intentional torts and for defamation and privacy just established.
This casebook explores both the technical and policy issues associated with general principles of income taxation. The book is unrivaled in scope, depth of analysis, and flexibility. The materials facilitate focusing on either in depth coverage or broad policy issues for any particular topic. Within units, the material moves from the straight-forward to more complex rules, thus enabling each professor to make a decision as to the level of complexity which he or she wishes to reach in the course. The text can be used in a single course covering basic income taxation or a sequence of courses dealing with income taxation at either the J.D. or LL.M. level.
This abridged version of our popular law school casebook, now in its ninth edition, provides a concise overview of the constitutional, statutory, regulatory, and common law principles of employment law. The doctrinal development of the law is assessed in light of contemporary economic, technological, social, and political conditions.
This supplement brings the principal text current with recent developments in the law.
The third edition of this casebook reflects the many developments that have occurred in aggregate litigation since 2013 while continuing to treat the subject as a coherent whole. This edition includes a short, systematic introduction to the range of different aggregation techniques and then pays detailed attention to class actions, multidistrict litigation (MDL), parens-patriae suits, bankruptcy, and arbitration. In particular, this edition features a new chapter devoted to MDL, in which topics range from selecting the transferee court, choosing what law should apply, and exploring the judicial role in examining MDL's effect on settlement and leadership selection. As before, the casebook does more than just present the law-it considers multiple perspectives on policy, litigation strategy, judicial practice, financial considerations, and empirical findings. The book fills three gaps in the market for teaching materials on the U.S. civil justice system. First, it treats aggregate litigation as a cohesive field of law that encompasses all devices for processing claims en masse. Second, the book confronts forthrightly the reality of our civil justice system as one geared toward settlement, not trial. From this vantage point, the casebook sees the processes for aggregate litigation as vehicles through which to achieve comprehensive, or broadly encompassing, resolution of related civil claims. Third, the book frames the legitimacy of preclusion in aggregate litigation by drawing, among other things, on conceptions of legitimacy in other settings, such as private contract and public legislation. In so doing, the casebook encourages students to see cross-cutting connections with their other courses on such topics as contracts, corporations, and administrative law.
This is the 2020 case supplement to accompany Cox and Eisenberg's Business Organizations: Cases and Materials, 12th Unabridged and 12th Concise.
This casebook covers all major aspects of employment discrimination law, including benchmark legislative, administrative, and judicial developments. Due in part to frequent updates and revisions, it has received accolades as one of the most comprehensive and frequently updated texts on the market. The 13th Edition continues this tradition by seamlessly incorporating all major legislative and judicial developments through July 2020, including all relevant decisions rendered by the Supreme Court in its 2019-2020 term. In its most significant ruling, Bostock v. Clayton Country Georgia, the Court brought closure and clarity to an issue that the federal courts had struggled with for decades; holding that Title VII's ban on sex-based discrimination extends to claims of discrimination on the basis of sexual orientation, transgender status, and all other forms of gender identity. It resolved another circuit conflict in Comcast Corp. v. National Ass'n of African American-Owned Media, by ruling that mixed motive analysis is not available in suits brought under 1981. In Our Lady of Guadalupe School v. Morrissey-Berru, the Court expanded upon its prior articulation of the standard to be applied in determining whether a religious entity's employee constituted a minister for purposes of invoking the church-minister exception. And in Babb v. Wilkie, the Court held that federal employees, unlike private sector and nonfederal public employees, could assert a mixed motive claim to establish liability under the ADEA, but were required to prove that age was the but for cause of the alleged discriminatory act in order to obtain affirmative relief. Finally, among the lower court decisions added in this edition is Rizo v. Yovino, an important Equal Pay Act opinion by the Ninth Circuit sitting en banc which examines whether the use of market forces as a basis for setting salaries is a nondiscriminatory factor other than sex.
The leader in its field, Leading Constitutional Cases on Criminal Justice is updated annually and includes all significant cases decided in the preceding Term of the Court. Cases are edited generously and presented in a simple, straightforward format, for use in courses on constitutional law and criminal justice. The 2020 edition includes a note on Ramos v. Louisiana, ___ 590 U.S. ___ (2020) (Sixth Amendment; guilty verdict in criminal case must be unanimous) and some small corrections. No deletions have been made. The 2020 edition will be published in August and available for fall classes.
This supplement brings the principal text current with recent developments in the law.
This updated casebook serves a course in introduction to legal reasoning. It is designed to initiate students in the legal methods of case law analysis and statutory interpretation. In a course of this kind, students should acquire or refine the techniques of close reading, analogizing, distinguishing, positing related fact patterns, and criticizing judicial and legislative exposition and logic. Law students' introduction to law can be unsettling: the sink or swim approach favored by many schools casts students adrift in a sea of substantive rules, forms and methods. By contrast, the Legal Methods course seeks to acquaint students with their new rhetorical and logical surroundings before, or together with, the students' first encounters with the substance of contracts, torts, or other first year courses. This approach may not only be user friendly; it should also prompt students to take a critical distance from the wielding of the methods. In this way, students may avoid (or at least broaden) the tunnel vision that so often afflicts beginning law students. The fifth edition features a substantially revised chapter on statutory interpretation. It not only highlights recent Supreme Court decisions, but also confronts students with statutory texts to construe independently of judicial exposition. The chapter also includes new sections on ordinary meaning, the use of dictionaries and corpus linguistics, and temporal problems in statutory interpretation.
This statutory and case supplement incorporates the latest statutory changes and proposed revisions and the most recent U.S. Supreme Court decisions bearing on evidence law. The statutory component incorporates a 2019 amendment of Rule 807, together with a new Advisory Committee Note. Also included is a proposed amendment of Rule 404(b)'s notice requirement, revised after public comments and on course to become law on December 1, 2020. The Advisory Committee's Note to the proposed change appears along with explanatory editor's notes. The statutory component presents a side-by-side reprinting of the older (pre-2011), unrestyled Federal Rules of Evidence and the newly restyled rules to allow for ready comparison. Editor's notes point out those areas where the restyling project, contrary to its authors' claimed intentions, worked substantive changes to the rules. The case supplement analyzes the Supreme Court's 2017 decision in Pena-Rodriguez v. Colorado, in which the Court ruled that the Sixth Amendment's guarantee of an impartial jury overcomes Rule 606(b) and its state-law analogues and permits defendants to present juror testimony about certain expressions of ethnic or racial bias in the jury room. The supplement addresses the Court's related 2014 ruling in Warger v. Shauers as well as its 2015 decision in Ohio v. Clark and 2013 ruling in Salinas v. Texas. Clark addressed whether the admission against the defendant of a young child's allegation of abuse, made out of court and offered in lieu of the child's testimony at trial, violated the defendant's confrontation right. And Salinas examined the prosecution's use in its case-in-chief of a suspect's silence in response to noncustodial police questioning. Throughout the supplement, those who teach with Fisher's Evidence (3d ed. 2013) will benefit from paginated cross-references between the casebook and the supplement.
This supplement brings the principal text current with recent developments in the law.
The 2020 Statutory and Case Supplement brings the casebook up-to-date, noting new developments in a short introductory section. Because the supplement includes the Federal Rules of Civil Procedure and edited advisory committee notes, as well as the United States Constitution and relevant portions of the United States Code, the Federal Rules of Appellate Procedure, and the Rules of the Supreme Court of the United States, it can be used with any civil procedure casebook.
CasebookPlus Softbound - New, softbound print book includes lifetime digital access to an eBook, with the ability to highlight and take notes, and 12-month access to a digital Learning Library that includes self-assessment quizzes tied to this book, leading study aids, an outline starter, and Gilbert Law Dictionary.
This supplement brings the principal text current with recent developments in the law.
This is the 2020 Case Supplement and Statutory Appendix to Gorman, Ginsburg, and Reese's Copyright: Cases and Materials, 9th.
Bussel, Skeel and Harner's new Eleventh Edition of Bankruptcy features the full canon of bankruptcy law developed under the Bankruptcy Code as amended over the last forty years up to and including the Small Business Reorganization Act of 2019 and the CARES Act of 2020. Professors Bussel and Skeel are especially proud to have recruited Judge Harner to assist them in updating their materials as bankruptcy law becomes more relevant than ever in the wake of the pandemic of 2020 and its ensuing economic dislocations. Carefully selected principal cases, thoughtful notes, and well-constructed problems explicate current law and connect it with bankruptcy's rich history while engaging current scholarly and policy debates. Existing notes and problems have been refreshed and new authorities incorporated into new notes and problems as appropriate. Continuing reform efforts in the Code's sale and reorganization provisions (including the new Subchapter V applicable to small businesses) are discussed. Transnational materials reflect Chapter 15's coming of age and continuing developments in Europe and elsewhere addressing cooperative responses to evolving coordination challenges posed by insolvent multinational corporate groups and Brexit. Jurisdictional materials update the progress of the jurisdictional reset mandated by Stern v. Marshall. Current developments in executory contracts (Tempnology), avoiding powers (Merit Management and Tribune), and structured dismissals (Jevic) are all fully integrated into the Eleventh Edition even as the authors have endeavored to maintain the same manageable size and space limitations of earlier editions.
The third edition of this innovative administrative law casebook retains and enhances its unique features: Focus on five representative agencies to provide students with a more holistic understanding of agencies and provide context. Use of a consistent unit design that maximizes student learning and facilitates the use of the book with a wide variety of teaching styles, including traditional methods and the flipped classroom. Incorporation of cutting-edge cases and problems that focus on the practical application of administrative law doctrines. By focusing on five important and representative agencies (the EPA, NLRB, SSA, IRS, and FCC), the book addresses two key problems for teaching and learning administrative law: (1) students' lack of familiarity with agencies and what they do; and (2) the difficulty of understanding new and different agencies and their organic statutes for each new administrative law case. Extended treatment of these five agencies, including one chapter for each agency that focuses on its use of a particular kind of agency action (rulemaking, policymaking adjudication, mass adjudication, informal action, and enforcement) provides students with a more complete picture of what agencies do and how they do it. Because the principal cases and problems involve the same five agencies throughout the book, the need to learn about new agencies and understand new organic statutes is greatly reduced, enabling students and teachers to focus on the administrative law issues in the cases. The book uses a consistent unit format throughout. Each unit covers a particular topic and includes (1) a clear and comprehensive discussion of the basic doctrine governing the topic; (2) a principal case or cases to illustrate the application of the doctrine and highlight key issues; (3) a discussion of related matters to explore additional issues and connections between topics; and (4) a detailed administrative law problem requiring the application of the doctrine in context. This unique structure and design facilitates the use of the book with a variety of teaching methods, including the Socratic method, lecture and discussion, and the problem method. Because it combines clear exposition, illustrative principal cases, and comprehensive problems, the book is also an ideal tool for teachers who want to flip their classrooms. This unit structure also enhances the flexibility of the book, allowing teachers easily to select topics for coverage and determine the depth of coverage they wish to provide. The third edition has been thoroughly updated to provide cutting edge treatment of emerging administrative law issues and developments, including the reinvigoration of separation of powers, the erosion of Chevron deference, and constraints on agency guidance documents. The third edition also reflects changes designed to enhance the book's effectiveness as a teaching and learning tool, such as increased use of primary administrative law materials, improvements to problems, and new principal cases.
This revision of Corporate Finance updates old topics, deletes peripheral topics, opens up a few new topics, and re-edits and tightens much of the continuing material. The idea is to modernize without compromising the book's longstanding commitment to confrontation with complex mechanics, whether theoretical or practical. The most notable additions come in respect of debtor-creditor relationships and startup finance. As to the materials on debt, fact patterns displaying the turn to hardball tactics by distressed companies now show up in multiple chapters. What has been sleepy territory since the decision of the RJR Nabisco case is now back at the policy margin. This edition also fleshes out treatment of securitization more fully to cover market and regulatory developments since the financial crisis. As to startups, the chapter on venture capital has been redone from top to bottom and there is a new chapter on multiple class common capital structures. The collection of appraisal cases also has been updated further to highlight the move to deal and market price.
This casebook, significantly revised since the last edition, addresses both traditional water law rules and modern water management challenges. It covers Eastern and Western U.S. water law in detail, examining both classic principles and statutory modifications of the riparian rights and prior appropriation doctrines. It also explores public dimensions of water law, with chapters devoted to public water uses and the Public Trust Doctrine, environmental quality issues in water management, and government takings relating to water use restrictions and flood damages. In addressing issues from drought to flooding, the book considers the challenges posed by climate change for managing water resources in the 21st Century. In addition to the inclusion of important new cases, legislation, and federal and state administrative developments, substantial changes in the new 8th edition include: an entirely new chapter addressing issues of conjunctive management of ground and surface water -a first for water casebooks. a completely revamped chapter on groundwater law, with new text on groundwater hydrology, allocation, and management. substantially revised chapters dealing with federal water projects, federal and tribal reserved rights, and interstate water issues. While the book remains national in scope, this edition offers new material from states with major recent developments in water law, including California, Colorado, the Pacific Northwest states, and Texas.
The 6th Edition, like earlier editions, explores in depth in a single volume both the technical and policy issues associated with the taxation of partnerships, C corporations, and S corporations. It is adaptable for use in a wide variety of courses or sequence of courses dealing with taxation of business organizations at either the J.D. or LL.M. level. The 6th Edition includes recent statutory and regulatory changes, including those relating to the Tax Cuts and Jobs Act, and discusses significant judicial decisions affecting the federal income taxation of partnerships, C corporations, and S corporations. Discussion Problem Sets are incorporated directly into the text. In selecting and organizing the materials, the book maximizes the usefulness of these materials for whatever approach the professor wishes to adopt-an intensive technical analysis, a problem-oriented method, a consideration of the policies that underlie the technical tax structure, or a survey of the principal elements of the federal income taxation of partnerships, C corporations, and S corporations.
This successor to Complex Litigation and the Adversary System, which was published in 1998, has been reorganized and the text completely rewritten. Most of the principal cases used in the new edition have been decided since 1998, and many of the notes discuss cases, literature, and developments that have arisen in the past decade. In the interest of creating an accessible, student-friendly text, the book has been substantially shortened through the careful editing of cases and the use of short, informative notes. At the same time, the casebook still attempts to achieve the prior casebook's comprehensive survey of the field.
This supplement brings the principal text current with recent developments in the law.
This Edition has been thoroughly updated with the latest cases, statutory references, and scholarly commentary. It also includes coverage of recent Supreme Court decisions such as: Miller v. Alabama/Jackson v. Hobbs (2012), in which the Court held that mandatory imposition of a sentence of life without parole in the case of one who was a juvenile at the time of the offense violates the Eighth Amendment's prohibition against cruel and unusual punishment Graham v. Florida (2010), Miller's predecessor, in which the Court held that imposition of a sentence of LWOP on a juvenile for a nonhomicide offense violated the Eighth Amendment Florida v. Harris (2013), in which the Court, although in an adult, non-school search context, held that an alert by a trained, drug-sniffing dog constitutes a presumption of probable cause to search J.D.B. v. North Carolina (2011), in which the Court held that a juvenile's age is a factor that can be taken into account in determining whether one is in custody for Miranda and interrogation purposes Stafford Unified School District No. 1 v. Redding (2009), in which the Court held that a strip search of a 13-year-old middle school student violated the Fourth Amendment's prohibition against unreasonable search and seizure Adoptive Couple v. Baby Girl (2013), in which the Court held that the preferences given to members of an Indian child's family, members of the child's tribe, or other Indian families, under the federal Indian Child Welfare Act, do not apply where there is no alternative party seeking to adopt the child. The 5th edition has retained the basic overall organizational structure of the previous edition, with one exception. Chapters 5 through 7, which focus on the legal response to child maltreatment, have been reorganized as follows: Chapter 5 addresses the substantive standards defining child abuse or neglect; Chapter 6 deals with processes characterizing the responses of the dependency and criminal justice systems to suspected child abuse or neglect; and Chapter 7 addresses various dispositions in child maltreatment cases. Within each chapter, substantial new material has been incorporated into the treatment of each topic. For example, Chapter 5 includes special attention to issues such as: specificity versus vagueness in construction of child maltreatment statutes; the line between corporal punishment and physical abuse; the relationships among poverty, race, homelessness, and neglect; the challenges of defining and identifying emotional or psychological maltreatment; and the interplay between domestic violence and child maltreatment. At the same time, Chapter 5 retains and updates this casebook's distinctive in-depth examination of the appropriate legal responses to a range of medical neglect problems. Chapter 6 follows the processing of cases through the dependency and criminal justice systems respectively, examining topics relating to reporting statutes, summary removal, state liability for failure to protect, and constitutional and evidentiary issues encountered in criminal prosecution of alleged child maltreatment. Chapter 7 examines historical shifts in federal and state policy regarding child welfare system dispositional alternatives, considers the implications of the recent findings of developmental neuroscience for child protection policy reform, and contains materials that allow for critical analysis of a range of issues relating to the foster care system and legal mechanisms for the termination of parental rights. One of the distinguishing characteristics of this book, which the authors have retained in this edition, is its breadth of coverage and degree of flexibility in teaching. It deals with every aspect of how the law relates to minors, from free expression in school and other school-related issues to child custody, to private law (e.g.. torts and contracts), to the juvenile justice system (i.e., delinquency and the operation of criminal justice principles to juvenile justice), to abuse and neglect (including medical neglect), to termination of parental rights, to foster care, to adoption, to the status of children as children (i.e., children's rights ). For that reason, the book lends itself to use in any number of courses that might be styled Juvenile Law, or Juvenile Justice, or Juvenile and Family Law, or, indeed, Children in the Legal System or Children and the Law. As mentioned below, the flexibility of the book lends itself to varying numbers of credit hours. The book contains a unique blend of cases, statutory materials, and scholarly commentary, including those from the social sciences in addition to law, in such a way that the teacher can draw on a number of sources in examining and teaching about any subject area covered in the book. No supplementary materials are needed; everything is in one book. The organization of the book is an important pedagogical tool as well. It is organized to flow from one area to the next as it explores the overall relationship between the state, parents, and the child, understanding, of course, that a professor in a given course might choose to skip over some parts of the material in the interest of time and coverage. It lends itself particularly to a 2- or 3-hour course, depending on the nature of the course and what the professor chooses to cover. Each course that is taught around the country using this book, whether in law schools or graduate school or even in the undergraduate classroom, will be tailor-made and suited to the particular professor's preferences and emphases and the interests of the students. For those who adopt the book, a Teacher's Manual is furnished to serve as a helpful guide in using the book in the classroom from day to day. In addition, occasional electronic updates are furnished to teachers, highlighting recent developments and cases, particularly decisions by the U.S. Supreme Court.
This casebook provides a comprehensive, accessible, and up-to-date analysis of international human rights law. It emphasizes the relationship between the international, regional, and national legal systems (with a particular focus on the United States), features an intellectual and historical development of the idea of human rights, and analyzes recent developments in areas including corporate responsibility, terrorism and human rights, the rights of refugees, international criminal law, and the role of nongovernmental organizations. The first edition has been comprehensively revised and updated to address important and hot-button issues and topics in international human rights law.
This is the 2018 Case Supplement and Statutory Appendix to Gorman, Ginsburg, and Reese's Copyright: Cases and Materials, 9th.
This classic casebook, now in its 9th Edition, offers first-year students a solid and inviting introduction to contract law, recognizing both the English and American common law traditions and bringing them into our age of statutes, most particularly the Uniform Commercial Code. Like earlier editions, the 9th Edition features carefully-selected cases, well-tailored notes and problems, and authoritative textual discussions of major developments in current contract law. These include the meaning of assent and agreement (with particular focus on the online environment and in the context of mandatory arbitration clauses); attention to comparative and international approaches; and accessible discussion of theoretical underpinnings of contract doctrine, the importance of which remain a mainstay of this new edition. The casebook is ecumenical in its outlook, presenting a well-balanced approach that is usable by professors with a wide-range of theoretical outlooks and pedagogical styles. Cases are situated within a variety of disciplines-history, economics, philosophy, and ethics-and present the law in a variety of typical settings-commercial, familial, employment, consumer, real estate and so on. The 9th Edition will feel familiar yet fresh to current users and both exciting and comfortable to newcomers.
This pioneering book offers the most comprehensive and teachable compilation of materials on public health law now available. The updated 2nd edition provides significant new materials on the unprecedented challenges for courts and government policymakers presented by the COVID-19 pandemic. Its unique perspective highlights the evolving legal, political and social responses to the current infectious disease outbreak-in the context of earlier court cases and policies dating back to cholera in the 1900s through SARS and Ebola in this century. The 2nd edition also features the emergence of health equity as a key public health perspective, as increasingly detailed data document the differential impact of upstream social and environmental determinants on the health of the public and on the health of particular populations. Other updates focus on system-approaches to complex health problems, such as opioid misuse and obesity, that require data, engagement and coordination across numerous government entities. One of the challenges of teaching public health law is that it touches many other government sectors and bodies of law. This book solves that problem by organizing and integrating the material to address (1) cross-cutting themes in public health policy, such as government authority and justification to restrict individual liberties or use emergency powers and (2) the primary policy tools used by public health policymakers and practitioners, from behavioral interventions such as immunization and quarantine to environmental regulations. The book aims to explore topics from different points of view, weaving together public health sciences, ethics, law, and public policy. In perhaps their most exciting innovation, Bonnie, Bernheim and Matthews have constructed an intriguing and diverse menu of teachable units focused on specific policy problems or case studies in public health action. The book weaves together pertinent medical information and public health statistics, court decisions and other legal materials, and ethics commentaries. It uses both judicial opinions and concrete problems in public health policy and practice as the main vehicles for classroom discussion. Examples include leading a community response to COVID-19 that addresses health disparities, differential social and economic need, vaccine allocation and resistance; and preparing public health testimony for a state legislature on immunization requirements or exemptions. Other case studies include substandard housing as a determinant of health, and the upstream effects of climate change on the health of children. Students are also exposed to a variety of cross-cutting regulatory frameworks, including product safety, environmental protection, and data privacy. This book is richly interdisciplinary. Although designed for students of law, the book can easily be adapted to courses designed for students in public health, public policy and interprofessional settings examining the role of law and public policy in advancing population health and health equity.
The Third Edition of Financial Regulation: Law and Policy continues to offer students and faculty an innovative and accessible introduction to the field. Financial regulation has long been at the intersection of technological innovation, market forces, and the political economy, punctuated from time to time by financial and economic crises. Since the turn of the millennium, we have seen these pressures intensify and multiply. We have lived through the most systemic Financial Crisis in 70 years, a major shift in regulatory design, the digital transformation of the economy, including the financial sector, and a worldwide Pandemic with still uncertain economic impact, playing out against an increasingly divided and shifting political landscape. The Third Edition has been updated to keep pace with all of these changes. You will find extensive discussions of fintech, climate change, and racial equality across the Third Edition, as these topics move from the periphery to the center of the regulatory agenda. The Third Edition also adds a stand-alone Chapter on supervision, an important topic that we expect will be receiving more academic research and attention, as well as an expanded Chapter on enforcement. Like the Second Edition, the Third Edition analyzes and compares the market and regulatory architecture of the entire U.S. financial sector, from banks, insurance companies, and broker-dealers, to asset managers, fintech companies of many types, complex financial conglomerates, and government-sponsored enterprises. The Third Edition explores a range of financial activities, including consumer finance and investment, digital and traditional payment systems, securitization, short-term wholesale funding, money markets, and derivatives. Throughout the book, the authors note the cross-border implications of U.S. rules, and compare, where appropriate, the U.S. financial regulatory framework and policy choices to those in other places around the globe, especially the UK and the European Union.
This casebook continues to focus upon Supreme Court opinions and other primary documents, offering deep and wide coverage of almost all major areas of constitutional doctrine in a way very few other casebooks do. For decades, the distinctive pedagogical approach reflected in the book - its commitment to providing as much of the raw decisional, statutory and historical background material as is practical - has allowed teachers to structure constitutional law courses as they see fit, and has encouraged students to formulate their own generalizations directly from the materials. The book covers all major traditional constitutional topics, including the role of the federal judiciary, separation of powers, federalism, the non-criminal provisions of the Bill of Rights, and the Reconstruction Amendments.
This casebook provides comprehensive treatment of international criminal law in a problem-oriented way. It draws widely from the jurisprudence of the various international and hybrid criminal tribunals, United Nations bodies, regional human rights institutions, domestic courts, alternative or traditional courts, and transitional justice institutions. Its focus is on the core international crimes within the jurisdiction of the ICC, supplemented by chapters on the standalone crimes of torture and terrorism. This edition includes substantially more material from the International Criminal Court and the revival of the hybrids model, including revised materials on the crime of aggression, new jurisdictional theories, and controversial recent jurisprudence.
This casebook organizes contemporary foreign, as well as U.S., case law and literature to equip law students with the knowledge they need to practice intellectual property law in both transactional and litigation settings in the current globalized environment. Carefully selected materials also expose students to the social, economic, and cultural considerations that underpin intellectual property law around the world. The casebook covers aspects of public international law, conflict of laws (private international law), and comparative law of intellectual property. Each area of law copyright, patent, trademark, unfair competition, trade secrets, and industrial design is introduced by a comprehensive authors' note placing the field in its international and comparative law context, and extensive notes on the cases and materials fill in relevant details, including current and historically important topics. Materials on the major fields of intellectual property law are accompanied by materials on other related intellectual property matters, such as the protection of databases, plant varieties, geographical indications of origin, and Internet domain names.
This problem set is designed to accompany Federal Income Taxation, 7th. The problems are organized to correspond with the chapter and section headings of the text and, in general, the solutions can be found within the material presented in those sections text and the Code and Regulations. However, the problems can be used with any text on this subject.
This text presents an overview of the function of contracts and a toolbox for designing effective agreements that will accomplish clients' objectives and avoid common pitfalls. The text includes examples drawn from actual contracts.
Offered as an alternative to the authors' widely used separate texts on corporate and partnership tax, the Seventh Edition of this comprehensive casebook continues its tradition of providing an integrated approach to teaching the fundamentals of a highly complex subject with clear and engaging explanatory text, skillfully drafted problems, selective discussion of tax policy issues, and a rich mix of original source materials to accompany the Code and regulations. This extensive revision discusses all major developments since the last edition, emphasizing significant provisions of the 2017 tax legislation known as the Tax Cuts and Jobs Act. Highlights of new material covered in the Seventh Edition are: The deduction under 199A for 20% of qualified business income from a pass-through entity. The discussion incorporates the final regulations and includes new problems. The impact on choice of entity of the 21% corporate income tax rate, lower individual rates, the 20% deduction for qualified business income, and other tax and business planning considerations. The new three-year long-term holding period required for capital gains allocable to service partners with carried interests in certain investment partnerships. A revised discussion of corporate capital structure to reflect the changed stakes resulting from the reduction of the corporate income tax rate and the new 163(j) limitation on the deduction of business interest. New limitations on the deduction of excess business losses. Other technical changes to Subchapters K and C and regulatory developments affecting partnership liabilities and corporate divisions. S corporation developments, including the requirement to pay reasonable compensation to shareholder-employees for purposes of the 199A qualified business income deduction.
This problem set is designed to accompany the casebook Federal Income Tax of Partnerships and S Corporations 3rd , although the problems can be used with any text. The problems are organized to correspond with the chapter and section headings of the casebook and, in general, the solutions can be found within the material presented in those sections.
The casebook provides detailed information on First Amendment law. This new edition integrates all of the supplemental material, including legislative and judicial, and more recent developments through the end of the Supreme Court's term in June, 2013. The organization and overall design of the work, however, have not changed. The book is divided into two principal parts (Part I on the speech and press clauses and Part II on those concerned with religion and the state), reflecting as it does the different specific subject matter treated in each set of clauses within the First Amendment itself. Roughly two-thirds of this current edition are still addressed to the First Amendment clauses concerning freedom of speech (including the freedom of the press, of assembly and of petition). The remaining third takes the measure of the distinctive twin clauses within that same Amendment separately addressed to the free exercise of religion, and of religious establishments whenever and wherever they confront, become entangled with, or otherwise interface with the State. The authors continue to pay significant attention to other clauses in the Constitution - clauses unnoticed by the First Amendment within its text, but clauses nonetheless impinging on it and, indeed, quite often impinging with a significant impact of which one needs to be alert. There are in fact a surprising number of such additional clauses (perhaps as many as fifteen) that have an informing significance of substantial importance for a first amendment course.
Introduce your students to the fundamental concepts of accounting and the foundations of financial theory with this concise text. Accounting formats, bookkeeping, and legal aspects are introduced, followed by an overview of financial concepts in areas such as the relationship of time and money and corporate finance. This text is particularly suited to independent study or for use as a supplement to materials for courses in corporation law or contracts.
With an Introduction by Justice Alito, this Comparative Constitutional Law casebook stands apart from other casebooks. It focuses on the 15 constitutional democracies in the G-20 Nations: 1) the United States, 2) the United Kingdom, 3) France, 4) Germany, 5) Japan, 6) Italy, 7) India, 8) Canada, 9) Australia, 10) Brazil, 11) South Korea, 12) South Africa, 13) Indonesia, 14) Mexico, and 15) the European Union. The G-20 Nations together comprise 85% of the world's GDP and two-thirds of the world's population. Thus, this casebook maintains a better sense of relevance than similar books, which often focus heavily on esoteric jurisdictions. It is also less Euro-centric than competing books; most chapters include cases from Brazil, Mexico, and India. Substantively, this casebook compares the constitutional law of the selected countries with respect to fourteen topics: 1) constitutionalism - constitutional history, constitution-making, amendment, and secession rules; 2) the emergence and nature of judicial review; 3) the separation of powers, bicameralism, and comparative administrative law; 4) federalism; 5) bills of rights, birthright freedom and equality, and human dignity; 6) equal protection of the laws; 7) freedom of expression; 8) freedom of religion; 9) civil, criminal, and appellate procedure; 10) protection of economic liberties; 11) positive social entitlements and state action; and, finally, 12) constitutional guarantees of democracy. It concludes with ideas that are of particular relevance to U.S. constitutional law. Pedagogically, this casebook contains more cases and fewer law review articles than competing books, making it teacher-friendly. It can be taught in a three-day weekly format, in a two-day weekly format, or in a once-a-week seminar format.
This law school casebook presents the law and policy of natural resource management in a user-friendly and engaging manner. The book covers a wide range of natural resources-from forests and wildlife to oceans and rivers-with problem exercises and case studies for students to sharpen their understanding of the issues. The book begins with an exploration of the economic, scientific, political and ethical considerations that drive natural resource policy as well as consideration of the natural resource management challenges presented by common pool resources, scientific uncertainty, mismatched scale, market failures and institutional adequacy. The book then explores these themes and explicates the basic legal regimes for a range of resources-wildlife, fisheries, whaling, water, protected lands, range, mining, and forests. The book also considers natural resource law and management on both public lands and private property, as well as in international settings.
This casebook is the concise, and very modern, version of a respected classic of civil procedure casebooks. The key to its brevity is its efficient and systematic step-by-step survey of the subject in Part One, which provides a tight 270-page comprehensive treatment of current civil procedure. The survey suffices to give the students a complete and solid grounding in civil procedure by means of the cases, commentaries, text, and questions that progress from pretrial and settlement to trial, judgment, appeal, jurisdiction, and complex litigation. This brief yet thorough coverage leaves time for in-depth treatment of a few selected problem areas regarding the system's fundamental structure in Part Two on governing law, Part Three on authority to adjudicate, and Part Four on res judicata. The thirteenth edition has been thoroughly updated. It newly features most prominently a reordering of Part Three and a reworking of the rapidly changing subject of general and specific personal jurisdiction. Finally, it brings a proven Stories approach to the presentation of the major cases' backgrounds.
The Seventh Edition offers a rich blend of materials mixing textual coverage, problems and provocative cases designed to promote lively class discussion in Remedies. The authors have revised a great book that preserves the best of the former editions and adds revisions and updates, especially in the areas of Equitable Defenses, Preliminary Injunctions, Adjustments and Limitations on Damages, Damages for Economic Loss, Jury Trials, and Declaratory Judgments. This law school casebook focuses on the fundamental tools of judicial remedies-injunctions, damages, and restitution. In addition to providing students with a solid grounding in these basics, the casebook also offers the professor choices about which additional areas to cover in depth. Those choices for instruction beyond the basic topics include: Specific Performance Equitable Defenses Contempt Preliminary and Permanent Injunctions Structural Injunctions Common law damages Adjustments and Limitations on Damages Enjoining Speech/Litigation/Crimes/Nuisances Consequences of Remedial Characterizations
With the publication of the 17th edition, the casebook is now current through the end of 2020. Nevertheless, the Supplement remains an important teaching tool because it contains the principal portions of federal labor statutes, relevant parts of federal antitrust and employment law statutes, a model Collective Bargaining Agreement, and National Labor Relations Board forms. Moreover, for ease of reference and to facilitate student understanding of the impact of amendments, the National Labor Relations Act is reproduced in three typefaces, reflecting portions contained in the original Wagner Act, as well as those added by the Taft-Hartley and Landrum-Griffin Acts. Deleted matter resulting from these amendments is set out in brackets. Students will find the Supplement to be a useful resource both as they work their way through the cases and note materials in the casebook and during class discussions.
The changed title for the second edition of Professor Young's constitutional law casebook reflects the book's expanded coverage of individual rights. The new edition retains both the first edition's historically-sequenced survey of leading cases from Marbury to Casey and its in-depth focus on contemporary doctrine concerning federalism and separation of powers. But it adds lengthy survey chapters on Due Process and Equal Protection, as well as a final chapter integrating both strands of rights doctrine through a case study of gay rights. Introductory material and notes have been updated throughout, and new principal cases include NFIB v. Sebelius, Zivotofsky v. Kerry, and Obergefell v. Hodges. As before, this casebook is designed to facilitate the introductory Constitutional Law courses taught in most law schools, rather than to attempt a comprehensive survey of the subject. The new edition does offer considerably more flexibility, however, in calibrating the balance between structural issues and individual rights.
This casebook provides a finance-oriented approach to corporate law, focusing on what students will need to know in corporate practice.Students learn: Financial fundamentals, such as balance sheets, income, and cash flow, as well as more complex topics, such as corporate debt and convertible securities Application of financial principles to analyze and understand case studies Contractual solutions employed to deal with the various conflicts and ambiguities that arise Additionally, the text covers a broad range of topics from pricing models to the poison pill and includes a table of cases.
This innovative casebook is a first of its kind. It emphasizes the acquisition of Spanish language legal terminology and, simultaneously, the exposure of the users to historical and cultural underpinnings of the different legal systems from which potential Spanish-speaking clients and colleagues will come. Written in Spanish, it provides a wide variety of readings, including: judicial opinions, statutory texts, descriptive articles, analytical essays, international treaties and agreements, and materials from federal and state websites. The Teacher's Manual provides detailed discussions of each chapter with suggestions for ways in which to teach the material and includes sample hypothetical scenarios for each role-playing exercise.
This introduction to the field of economic analysis of the law focuses on the core areas of our legal system; property, torts and accidents, contract, and crime; as well as on litigation. It provides numerous examples and is a useful resource for a variety of readers, since it assumes no background in either law or economics.
This book explores the technical and policy issues associated with partnership and S corporation taxation. This book is suitable for courses on Subchapter K and Subchapter S taxation at either the J.D. or LL.M. level. Its organization allows for flexibility to suit the individual instructor's choice of method and scope of coverage. The 6th Edition includes recent statutory and regulatory changes, including those relating to the Tax Cuts and Jobs Act, and discusses significant judicial decisions affecting the federal income taxation of partnerships and S corporations. Discussion Problem Sets are incorporated directly into the text. In selecting and organizing the materials, the book maximizes the usefulness of these materials for whatever approach the professor wishes to adopt-an intensive technical analysis, a problem-oriented method, a consideration of the policies that underlie the technical tax structure, or a survey of the principal elements of the federal income taxation of partnerships and S corporations.
This casebook presents a comprehensive treatment of the legal issues involved in arbitration. The first four chapters address issues that arise in private arbitration, that is, arbitration that is the product of an agreement between two contracting parties. The last chapter addresses issues that arise in court-ordered arbitration. Together they will give the student a thorough and up-to-date understanding of arbitration law and provide a foundation for legal practice, whether in alternative dispute resolution or in the civil justice system. Extensive notes following each case provide supplementary materials and introduce topics for discussion.
The Tenth Edition updates the materials on Articles 3, 4, Article 4A, and federal payment systems law. It features a selection of leading cases in the area. The 2002 amendments to Articles 3 and 4 are considered, federal Check 21 Act, the 2009 Credit Card Act, and important recent amendments to Regulation CC. Materials on technological advances in payment systems have been updated, and emerging consumer issues have been highlighted throughout. The increasing federalization of bank-customer relations is treated in detail.
This course book serves an undergraduate course in introduction to legal reasoning. It is designed to initiate students in the legal methods of case law analysis and statutory interpretation, prompting students to take a critical distance from the wielding of the methods. It helps students acquire or refine the techniques of close reading, analogizing, distinguishing, positing related fact patterns, and criticizing judicial and legislative exposition and logic.
The Fifth Edition of Energy, Economics and the Environment focuses on the unifying characteristics of energy law, while also emphasizing its connections to environmental and economic issues affecting energy industries. The casebook covers the full range of energy resources, as well as an in-depth examination of issues related to electric power. Like previous editions, this casebook is intended to be used in an Energy Law survey course, but the materials in the book are rich enough that they can also be adapted to a course or seminar covering renewable energy, oil & gas, electricity regulation, or advanced topics in environmental law. Previous editions of the casebook have been used in law school classrooms for nearly two decades. The new edition of the casebook provides a pedagogical window that can readily be adapted to a variety of courses and teaching styles as issues in energy continue to change. Materials in the casebook include extended problems, case studies, and other practice-oriented materials to allow students to learn important concepts in a practical context. We emphasize four recurring and cross-cutting themes throughout the casebook: (1) public versus private ownership of energy resources; (2) monopoly vs. competition; (3) externalities and risk concepts; and (4) public governance, including federalism issues. These four themes have defined energy law since the early twentieth century-and they are at play in every energy resource arena today.
This popular casebook by a leading First Amendment scholar examines the First Amendment using expertly-edited cases, summaries of the law, analysis of the structure of policy arguments, and problems for class discussion. The new edition features updated coverage of speech compulsions, speech using government benefits, endorsement of religion, prior restraints, speech at public universities, and more.
The new edition of this popular casebook is thoroughly updated and refreshed, adding nine new cases and numerous notes to replace old ones and address additional issues. The objectives of the Eighth Edition remain very much the same as they were for its predecessors. First, to help the student develop the skills of statutory analysis by engaging with a comprehensive Code that contains critical definitions and numerous cross references. Second, to help the student understand the substantive law of sales. The materials consist of cases, text, notes, questions, and problems. The cases have been selected for their effectiveness as teaching materials. The text and notes explain the business background of the disputes. The questions push the student to understand and, often, challenge the reasoning of the courts. The problems require the student to apply the learning of the cases to new situations. The student must master the intricacies of the Code and dig deeply into the language of the statute and the Official Comments, working back and forth among the various sections that are relevant to the solution. The book is suitable for use in both upper-level and first-year courses. For teachers who so prefer, the course can be taught almost entirely through use of the problems.
More than forty years since its initial publication in 1978, the Seventh Edition of Cases and Materials on Family Law gives students an introduction to Family Law that follows the field's traditional and emerging forms in ways that are entirely fresh. Like earlier editions, the Seventh Edition weaves together cases, statutes, model codes, policy, narrative, history, transnational sources, and theory, in highly accessible ways, as it illuminates Family Law's dynamic relationship with the highly variegated social landscape on which it rests. The well-known strengths of earlier editions' treatment of Family Law's many equality themes have been updated and expanded to feature deep engagements at Family Law's intersection with different axes of inequality, including race, ethnicity, gender, gender identity and expression, sexual orientation, and class.
Corporate governance has been much in the news in recent years and lawyers are devoting increasing amount of attention to it. The passage of major federal legislation in 2002 (the Sarbanes-Oxley Act a.k.a. SOX) and 2010 (the Dodd-Frank Act) were particularly important developments, generating much new law and, as a result, much new legal work. Curiously, however, the law school casebook market has largely ignored these trends. Corporate governance is regulated by many of the same laws covered in the basic Business Associations course, but increasingly is also regulated by laws-such as SOX and Dodd-Frank-that get short shrift in the typical Business Associations casebook and course. In contrast, those laws are the core focus of the text. In addition to the pertinent laws, the book brings into play sources such as stock exchange listing standards and the rules issued by the Public Company Accounting Oversight Board and similar quasi-governmental bodies. Importantly, however, lawyers practicing in the corporate governance space must be knowledgeable not only about the law but also best practice. The text therefore makes frequent references to best practice advice drawn from sources such as law firm client memoranda.
Business Planning, 5th Edition fully updates the materials since publication of the last edition in 2008. Among the new developments covered are: changes in tax laws, including the impact of tax rate changes following the expiration of the Bush tax cuts; continued evolution in LLC statutes, including California's adoption of the Uniform Limited Liability Company Act; new case law on the impact of warrants on the second class of stock limitation for S corporations; enactment of the JOBS Act, including its impact on IPOs, 506 offerings and crowdfunding; and the 2010 merger guidelines.
This edition draws liberally upon the subject's rich history, in law and culture. Without that history there can be no firm understanding of the subject. Animals are living entities, organized into shifting, complex ecological systems; from the first page, biology plays a critical role in our story. Moral sentiments and ethical values have expanded to attend to the plight of particular animals, to species, and to the healthy functioning of communities. Ethical concerns, too, appear in this edition as a key issue. The authors have, in effect, combined several wildlife law books into one, to give instructors freedom to tailor their courses as they see fit. Adopters of this edition need not endeavor to use the book in its entirety, nor is there reason to do so. Many of the chapters standalone and can be used in various combinations.
The Fifth Edition of this pioneering casebook includes the usual rich mix of materials and is adaptable to a survey course, a policy-oriented seminar, or a more specialized J.D. or LL.M tax class. Every major topic is accompanied by a skillfully developed set of problems and includes lively notes, questions, and bibliographic references. Highlights of the Fifth Edition include: Coverage of all important developments since the last edition, including new state legislation and case law on nonprofit formation, governance, and donor standing; IRS scrutiny of colleges and universities, nonprofit executive compensation, and commercial activities; final tax regulations on the public charity support tests and supporting organizations; proposed regulations on the exemption requirements for hospitals and program-related investments; and recent antitrust litigation and other lawsuits challenging the NCAA's regulation of college athletes. Reorganized and updated coverage of the limitations on lobbying and political campaign activities of 501(c)(3) charities; the use and abuse of noncharitable exempt organizations for political activities; and the implications of the Supreme Court's Citizens United decision on the nonprofit sector. Expanded discussion of the emerging forms of hybrid entities used for social enterprises that combine a public benefit mission with the pursuit of profit. A new and more contemporary introductory problem on the choices facing the founders of a nonprofit organization and revised problems on the state law duties of loyalty and care and the federal tax exemption standards for hospitals. A survey of proposed tax reform legislation affecting exempt organizations and the charitable deduction. Pruning of dated materials, minutia, and more tightly-edited cases, notes, and problems.
This casebook has been adapted from the authors' pioneering and widely used casebook, Nonprofit Organizations: Cases and Materials. Topics covered include organizational and operational requirements for tax-exempt status for charitable and mutual benefit organizations, private foundations, the unrelated business income tax, and the charitable contributions deduction. An introductory chapter provides valuable perspective and a concise overview of the nontax considerations affecting choice of legal form for a nonprofit organization. The Fourth Edition incorporates all important new legislative, judicial and administrative developments, including final regulations on the public charity support tests and supporting organizations; proposed regulations on the heightened exemption requirements for nonprofit hospitals and program-related investments; and the ongoing controversy over the use of nonprofit organizations for political campaign activity. Perfect for instructors seeking more intensive tax-focused coverage, this spin-off edition has been carefully customized for use in 2 or 3-unit J.D. and LL.M courses on taxation of the nonprofit sector. Each chapter contains a rich but manageable mix of materials, including well-edited cases, major rulings, policy excerpts, lively notes and questions, skillfully designed problems that raise policy, technical and planning issues, and bibliographic references.
This Edition has been thoroughly updated with the latest cases, statutory references, and scholarly commentary. Moreover, it includes comprehensive references to provisions of the American Law Institute's Restatement of Children and the Law. This Restatement is so new that some of it is still a work in progress, but Tentative Drafts were approved in 2018 and 2019 and many of these provisions are included in this Edition. The new Edition also includes coverage of recent Supreme Court decisions such as: Montgomery v. Louisiana (2016), in which the Court held that its earlier decision in Miller v. Alabama, which prohibited a mandatory sentence of life without parole for one who, as a juvenile, was convicted of murder, established a new substantive constitutional rule and thus should be applied retroactively. Ohio v. Clark (2015), which addressed the question of whether statements made to a preschool teacher by a 3-year-old victim of child abuse could constitutionally be admitted in the trial of the child's alleged abuser. This case further interprets the Court's Confrontation Clause jurisprudence following its 2004 decision in Crawford v. Washington. Virginia v. LeBlanc (2017), in which the Court, in what may be a limited decision, held that a sentence of life without parole imposed on one who was 16 years old at the time did not violate the Eighth Amendment where state law provided for geriatric release, which meant that the petitioner would be eligible for parole at age 60. The 6th edition retains the basic overall organizational structure of the previous edition, with two major exceptions. The field of Children in the Legal System has continued to expand. In response to legal developments within the core subject areas, we eliminated two chapters from prior editions-Chapter 4 (Custody) and Chapter 8 (Adoption of Minors)-which address subject matter typically covered in a Family Law course. This modification in the book's structure allowed us to focus, to an even greater extent, on the subject areas central to courses on Children and the Legal System and to accommodate the expanding depth and breadth of developments in those subject areas. With the elimination of the chapters on custody and adoption, the remaining chapters in the 6th edition have been renumbered accordingly. One of the distinguishing characteristics of this book, which the authors have retained in this edition, is its breadth of coverage and degree of flexibility in teaching. It deals with every aspect of how the law relates to minors, from free expression in school and other school-related issues, to private law (e.g.. torts and contracts), to the juvenile justice system (i.e., delinquency and the operation of criminal justice principles to juvenile justice), to abuse and neglect (including medical neglect), to termination of parental rights, to foster care, to the status of children as children (i.e., children's rights ). For that reason, the book lends itself to use in any number of courses that might be styled Juvenile Law, or Youth Justice, or Youth and Family Law, or, indeed, Children in the Legal System or Children and the Law. As mentioned below, the flexibility of the book lends itself to varying numbers of credit hours. The book contains a unique blend of cases, statutory materials, and scholarly commentary, including those from the social sciences in addition to law, in such a way that the teacher can draw on a number of sources in examining and teaching a