Beyond Abortion
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For most Americans today, Roe v. Wade concerns just one thing: the right to choose abortion. But the Supreme Court's decision once meant much more. The justices ruled that the right to privacy encompassed the abortion decision. Grassroots activists and politicians used Roe--and popular interpretations of it--as raw material in answering much larger questions: Is there a right to privacy? For whom, and what is protected? As Mary Ziegler demonstrates, Roe's privacy rationale attracted a wide range of citizens demanding social changes unrelated to abortion. Movements questioning hierarchies based on sexual orientation, profession, class, gender, race, and disability drew on Roe to argue for an autonomy that would give a voice to the vulnerable. So did advocates seeking expanded patient rights and liberalized euthanasia laws. Right-leaning groups also invoked Roe's right to choose, but with a different agenda: to attack government involvement in consumer protection, social welfare, racial justice, and other aspects of American life. In the 1980s, seeking to unify a fragile coalition, the Republican Party popularized the idea that Roe was a symbol of judicial tyranny, discouraging anyone from relying on the decision to frame their demands. But Beyond Abortion illuminates the untapped potential of arguments that still resonate today. By recovering the diversity of responses to Roe, and the legal and cultural battles it energized, Ziegler challenges readers to come to terms with the uncomfortable fact that privacy belongs to no party or cause.
After Roe
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Forty years after the U.S. Supreme Court handed down its decision legalizing abortion, Roe v. Wade continues to make headlines. After Roe: The Lost History of the Abortion Debate cuts through the myths and misunderstandings to present a clear-eyed account of cultural and political responses to the landmark 1973 ruling in the decade that followed. The grassroots activists who shaped the discussion after Roe, Mary Ziegler shows, were far more fluid and diverse than the partisans dominating the debate today. In the early years after the decision, advocates on either side of the abortion battle sought common ground on issues from pregnancy discrimination to fetal research. Drawing on archives and more than 100 interviews with key participants, Ziegler's revelations complicate the view that abortion rights proponents were insensitive to larger questions of racial and class injustice, and expose as caricature the idea that abortion opponents were inherently antifeminist. But over time, "pro-abortion" and "anti-abortion" positions hardened into "pro-choice" and "pro-life" categories in response to political pressures and compromises. This increasingly contentious back-and-forth produced the interpretation now taken for granted--that Roe was primarily a ruling on a woman's right to choose. Peering beneath the surface of social-movement struggles in the 1970s, After Roe reveals how actors on the left and the right have today made Roe a symbol for a spectrum of fervently held political beliefs.
In Search of Common Ground on Abortion and Reproductive Justice
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This book brings together academics, legal practitioners and activists with a wide range of pro-choice, pro-life and other views to explore the possibilities for cultural, philosophical, moral and political common ground on the subjects of abortion and reproductive justice more generally. It aims to rethink polarized positions on sexuality, morality, religion and law, in relation to abortion, as a way of laying the groundwork for productive and collaborative dialogue. Edited by a leading figure on gender issues and emerging voices in the quest for reproductive justice - a broad concept that encompasses the interests of men, women and children alike - the contributions both search for 'common ground' between opposing positions in our struggles around abortion, and seek to bring balance to these contentious debates. The book will be valuable to anyone interested in law and society, gender and religious studies and philosophy and theory of law.
Bioethics and the Law, 4th ed.
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Bioethics and the Law takes a multidisciplinary approach that combines legal discussion with jurisprudential, philosophical, and sociological materials. Strong expressions of different points of view highlight debates about bioethical issues. The text underscores the need to mediate between the law's focus on broad rules and the bioethicist's concern with context and detail. Students are required to consider the ethical implications of health care as a business, face the shifting parameters of the provider/patient relationship in healthcare, and understand the role of government in designing and implementing healthcare programs such as Medicaid and Medicare. Bioethics and the Law supplements the traditional focus of bioethics on the interest of the individual with a second focus on the socio-economic developments that shape healthcare. Connecting broad public healthcare issues to concerns of the individual patient/healthcare consumer, the text promotes understanding of unsettling and complex situations and shows the implications of bioethical developments for understandings of personhood. A helpful glossary defines basic terms and several short appendices summarize recent developments in science and technology. The Third Edition offers in-depth examination of new questions and debates among health care professionals, lawyers, and bioethicists. Separate sections are devoted to issues related to individuals and those related primarily to communities. A significantly expanded discussion of access to health care explores the Patient Protection and Affordable Care Act and the debate about its constitutionality as well as new material on the social determinants of health and global health ethics. A new chapter on privacy and essentialism focuses on bioethical questions occasioned by genetic information and neuroimaging. There is new consideration of discrimination in health care as well as new material on its business aspects. Thoroughly updated, the revised Third Edition presents: in-depth examination of new questions and debates among health care professionals, lawyers, and bioethicists separate sections on issues related to individuals and those related to communities significantly expanded discussion of access to health care the Patient Protection and Affordable Care Act and debate about its constitutionality new material on the social determinants of health and global health ethics , a new chapter on privacy and essentialism, focusing on bioethical questions around genetic information and neuroimaging consideration of discrimination in health care new material on the business aspects of health care
Principles of Administrative Law
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This book provides an accessible, yet sophisticated treatment of the essential principles of administrative law. Topics covered include a history of the American administrative state; theories of agency behavior; separation of powers and procedural due process, as they are implicated by the administrative process; the procedural framework of the Administrative Procedure Act; formal adjudicatory procedure; informal rulemaking procedure; and the availability, timing, and scope of judicial review. The book includes charts and diagrams that assist the reader in visualizing the major elements of the administrative process.
Administrative Law Treatise
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Administrative Law, Cases and Comments
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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.
Developments in administrative law and regulatory practice 2016
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Administrative Law and Process in a Nutshell
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This book offers a concise, knowledgeable guide to administrative law. In straightforward, readable prose, the authors not only summarize the dominant statutes and case law in the area, but also discuss informal administrative processes and the background realities of the regulatory state. Students can use the book as a complement to any major casebook, and practitioners will also find it an excellent brief introduction to this complex and important subject.
Administrative Law
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A favorite among successful students, and often recommended by professors, the unique Examples & Explanations series gives you extremely clear introductions to concepts followed by realistic examples that mirror those presented in the classroom throughout the semester. Use at the beginning and midway through the semester to deepen your understanding through clear explanations, corresponding hypothetical fact patterns, and analysis. Then use to study for finals by reviewing the hypotheticals as well as the structure and reasoning behind the accompanying analysis. Designed to complement your casebook, the trusted Examples & Explanations titles get right to the point in a conversational, often humorous style that helps you learn the material each step of the way and prepare for the exam at the end of the course. The unique, time-tested Examples & Explanations series is invaluable to teach yourself the subject from the first day of class until your last review before the final. Each guide: helps you learn new material by working through chapters that explain each topic in simple language challenges your understanding with hypotheticals similar to those presented in class provides valuable opportunity to study for the final by reviewing the hypotheticals as well as the structure and reasoning behind the corresponding analysis quickly gets to the point in conversational style laced with humor remains a favorite among law school students is often recommended by professors who encourage the use of study guides works with ALL the major casebooks, suits any class on a given topic provides an alternative perspective to help you understand your casebook and in-class lectures
Administrative Law
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Feldman's overview examines the quotidian challenges of administrative responsibilities; his comprehensive approach provides students with a way to understand and manage this complicated aspect of the governance mission. Offering chapter-specific "what do I do now?" discussions and boxed excerpts from the APA, the book will be a valuable resource.
Administrative Law
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This treatise sets forth a comprehensive analysis of administrative law in the United States. Administrative law continues to evolve in interesting ways in all of its various dimensions. The authors address the new developments in the law of standing, congressional attempts to make agencies more accountable, and the continuing evolution of Chevron deference, among other issues. The fundamental purposes of this book are to assess and explain fundamental doctrines of administrative law, placing some of the most important aspects of those doctrines in a historical context, and setting forth the current state of the law. The book is intended to serve practitioners, scholars and students of administrative law.
A Guide to Federal Agency Rulemaking
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As procedures governing the rulemaking process have proliferated since the Administrative Procedure Act was enacted, the potential procedural pitfalls have multiplied. This 5th edition brings the Guide up-to-date with respect to recent cases and changes introduced during the 2nd term of Bush II Administration and the first 3 years of the Obama Administration.
Administrative Law Treatise
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Lawyers and judges across the United States have discovered that when it comes to administrative law, there is really only one authority: Administrative Law Treatise by Richard J. Pierce. Cited by the courts more than 4,000 times, this definitive three volume work now in its Fifth Edition brings you analysis of the latest developments with all the practical guidance and knowledge you need to plan and present an effective case before the courts. When your clients confront government administrative action whether it's rulemaking, adjudication, or investigation, do what your colleagues do: turn to the undisputed leader in the field. Richard J. Pierce shows you the most effective approaches to any agency action, policy or procedure. You'll get answers to such questions as: Which due process protections do individuals and companies enjoy under administrative law? What are the limits of an agency's power to subpoena, inspect, and gain access to records? When must an agency provide an oral evidentiary hearing? How and when are agencies likely to use their rulemaking power to resolve factual disputes? Richard J. Pierce also provides a unique, in-depth treatment of agency discretionary power, especially in relation to evidence in oral hearings and other essential matters of practice. There's no need to look elsewhere for the law that governs such areas as: SEC rulemaking, Medicare and Medicaid Jurisdiction in telecommunications disputes Warrantless inspection of premises FOIA exemptions Agency power to make retroactive rules Immunity of agency employees Regulation of toxic substances in the workplace Allocation of gas and electric services Criteria for evidence of disability Control of regional transportation authorities INS deportation, and more. Administrative Law Treatise, Fifth Edition, provides incomparable authority and guidance on the administrative law governing these and virtually every other significant agency power or procedure. If you practice before government agencies, act as agency counsel, or are connected with appeals involving agencies, you'll find that courts listen to Richard J. Pierce.
Administrative Law & Practice Charles H. Koch, Jr. and Richard Murphy
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Administrative law is the legal discipline that organizes and structures government. As such, it is necessarily intertwined with governmental imperatives and ultimately with the operating social order. It conforms to the overarching social system and evolves at the speed of social change. Our current administrative law regime serves an array of somewhat transient governmental and societal goals and hence administrative law has been and will be pervasive, dynamic and eclectic. Capturing this system within a single work faces impressive obstacles.
Admiralty and Maritime Law
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This Hornbook is a handy, streamlined one-volume abridgement of Schoenbaum's comprehensive Practitioners' treatise on Admiralty and Maritime Law. The Hornbook covers the essential topics of jurisdiction, admiralty rules and practice, maritime torts, seamen's remedies, maritime workers' compensation, carriage of goods by sea in international trade, charter parties, towage, pilotage, salvage, collision and limitation of liability. Ideal for students and those wanting an introduction to this important field of law, this book places emphasis on the international aspects of maritime law. For this edition the author has reorganized and rewritten most of the sections as well as added important new sections. Every effort was made to analyze and cite every new and recent case on admiralty law up to the time of publication. This work is generally regarded as the definitive academic work on admiralty and maritime law.
Admiralty and Maritime Law
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Admiralty in a Nutshell
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Addresses maritime tort law, collision law, worker injury claims, wrongful death, and platform injuries. Explores maritime property liens and the seaman's employment contract, wages, and compromise of claims. Discusses marine insurance, towage and pilotage, salvage, and general average. Also covers sovereign immunity; joint and several liability, indemnity, and contribution; liability limitations; and jurisdiction and procedure in maritime claims.
Maritime Law
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The third edition of this law school casebook, like the first two, focuses on modern admiralty practice. The selected cases and materials discuss current issues faced by a maritime lawyer, in addition to the historical bases of those issues. This third edition includes new and significant cases decided since the second edition was published, including cases affecting vessel status, maritime contracts and punitive damages. Pedagogically, all relevant materials are included in this one volume. The relevant statutes are placed along with the key cases in the text, so the students need only flip a page or so to get to the relevant statute. For context, a conversion chart of Title 46 is provided in an appendix. The order of the materials in this edition have been rearranged to facilitate its use either in a shorter maritime personal injury/wrongful death course or in a full admiralty law survey course. The first ten chapters focus on admiralty jurisdiction as well as maritime personal injury and wrongful death law. The following chapters cover other aspects of maritime law, including charter parties, cargo law, maritime liens, collision, tugs, towage and pilotage, marine insurance, limitation of liability, sovereign immunity, salvage, choice of law, as well as maritime jurisdiction and procedure.
The law and practice of admiralty matters
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Business Associations
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Receive complimentary lifetime digital access to the eBook with new print purchase. This statutory supplement includes statutes and rules relevant to all business entities. It is suitable for use with all textbooks and casebooks for such courses. It includes all updates to the statutes and rules.
Partnership taxation
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Agency, Partnership, and the LLC in a Nutshell
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This comprehensive guide explains the law of agency, partnership, and limited liability companies, and includes numerous references to the Restatement of the Law Third-Agency and the most recent versions of the partnership and LLC statutes. The authors seek to provide concise and accurate explanations of fundamental principles in these areas of the law as well as useful applications of those principles.
Agency, Partnerships and LLCs, 2d (Concepts and Insights Series)
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This text provides a reader-friendly, accessible overview of unincorporated business associations. While emphasizing the doctrinal issues taught in today's unincorporated business associations classes, it places significant emphasis on economic analysis of the major issues in that course. The second edition has been comprehensively updated. It includes extensive new treatment of the now final Restatement (Third) of Agency and amendments to the various uniform acts governing unincorporated business associations. The coverage has been expanded to include additional topics, especially in the chapter on limited liability companies, so as to reflect their continually growing popularity as a choice of form for small businesses. Among these new topics are single member LLCs, shelf LLCs, conversion to an LLC from other forms of business organizations, promoters' duties, non-profit and low profit LLCs, and freedom of contract in LLC law.
Business Associations
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This statutory supplement includes statutes and rules relevant to all business entities. It is suitable for use with all textbooks and casebooks for such courses. It includes all updates to the statutes and rules.
An Introduction to Agency, Partnerships, and LLCs
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This is a softbound casebook, affordably priced, designed for use in either a short course on noncorporate business organizations, or as a supplement to Corporations casebooks that have only limited coverage of noncorporate business organizations. The book consists of text plus an extensive Appendix that includes major statutes and materials on agency, partnership, and limited liability companies (LLCs). The text is short, but comprehensive.
Restatement of the Law, Agency
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Agency, Partnership, and Llcs
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In addition to the wide range of quality textbooks specially created for paralegal programs, Aspen Law & Business also offers a number of law school resources that you may find suitable for use in your course area.Each book in this popular series offers a winning combination of text, examples, and explanations as it guides students to a more thorough understanding of the subject at hand.
Restatement of the Law - Agency
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Contains the complete text of the Restatement of the Law (Third) of Agency.
Partnership Law and Practice General and Limited Partnerships
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Partnership Law and Practice brings together, in one volume, every substantive area of general and limited partnership law, so you can interpret the rights of your client in business matters.
Mediation: Law, Policy, & Practice
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Empirical research that we report in the treatise this year emphasizes the continuing changes in civil case mediation practice – the increasing dominance of caucus-based mediation rather than a mixed model of face-to-face and caucus (see § 3:2).
Dispute Resolution
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Dispute Resolution: Beyond the Adversarial Model, Third Edition provides a comprehensive look at the current state of ADR. For each area of Negotiation, Mediation, Arbitration, and Hybrid processes, the text incorporates four key aspects: the theoretical framework defining the process; the skills needed to practice it; the ethical issues implicated in its use and how to counsel users of such processes; and legal and policy analyses, with questions and problems within the text. New to the Third Edition: A shorter, more compact book designed to be student-friendly Exercises and discussion problems throughout Designed for one chapter to be covered each week of a typical ADR course The latest on Online Dispute Resolution, Dispute System Design, Supreme Court decisions on arbitration, and empirical work on mediation and negotiation Professors and students will benefit from: Comprehensive, current coverage. The theory, skills, ethical issues, and legal and policy analyses relevant to all key areas of contemporary ADR practice--Negotiation, Mediation, Arbitration, and hybrid and multi-party processes and their appropriate uses--are thoroughly covered using a rich range of up-to-date cases and readings. Authored by the leading scholars and teachers in the field of Dispute Resolution. The authors are award winning and recognized for their scholarship, teaching, practice, policy making, and standards drafting throughout the wide range of particular ADR processes. Practical approach to problem-solving. The text engages students as active participants in resolving human and legal problems, using individual or combined resolution processes in varying gender, race, and cultural contexts. International and multi-party dispute resolution. These important, high-interest contexts and applications are thoroughly covered in discrete chapters. Readings balance theory and theory-in-use. Readings include cases, behaviorally and critically based articles, examples, empirical studies, and relevant statutory and other regulatory material to illuminate the challenge of balancing rules and laws with the economic and emotional constraints inherent in disputes. Challenging, relevant readings. The text includes a wide range of perspectives, from Fisher, Ury, and Patton's Getting to Yes, Raiffa's Art and Science of Negotiation, and materials on modern deliberative democracy, group facilitation and decision making, counseling clients about uses of ADR, enforcement of negotiation, and mediation agreements. Key cases include AT&T v. Concepcion and other recent Supreme court cases on arbitration. Teaching materials include: Numerous role-plays and simulations for skills development Suggested teaching exercises, syllabi and "answers" to problem boxes found in text Recommendations for supplemental materials, such as videos and transcripts Examination and paper suggestions for each chapter
The New Handshake
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The New Handshake focuses on resolving disputes arising from online transactions. This groundbreaking book proposes a design to provide fast and fair resolutions for low-dollar claims, such as those in most B2C transactions. This revolutionary system is designed to operate independently of the courts, thereby eliminating procedural complexities and choice of law concerns. It can be integrated directly into the websites and provides consumers with free access to remedies.
Understanding Alternative Dispute Resolution
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Understanding Alternative Dispute Resolution provides a comprehensive overview of the field of Alternative Dispute Resolution (ADR). The use of ADR methods has grown rapidly and touches the practices of lawyers on a local, national, and international level. ADR has transformed the nature of the lawyers' practice and roles as client counselor, advocate, and neutral. The treatise covers the major ADR processes, including client counseling, negotiation, mediation, arbitration, and collaborative law and addresses legal, practical, and ethical aspects of each process. This title provides a framework for selecting the most appropriate dispute resolution process and will assist attorneys, law students, neutrals, and parties in conflict in effectively addressing, managing, and resolving disputes.
Arbitration Law in a Nutshell
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This Nutshell on arbitration addresses freedom of contract, federal preemption, and universal arbitrability. It conveys a thorough sense of the relevant case law and applicable rules. It describes the unique features of the various forms of arbitration and covers the current debate about arbitration.
Principles of Alternative Dispute Resolution
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Provides a clear and reliable statement of the law and concepts central to ADR (arbitration, negotiation, mediation, and other processes). Its thorough coverage of arbitration law renders this challenging and rapidly-changing body of statutes and case law accessible to the student or lawyer. The chapters on negotiation and mediation treat the subjects from the perspectives of theory, practice, and legal doctrine.
How Arbitration Works
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"[This reference] for labor relations practitioners covers issues including retiree health insurance, employer intellectual property protections, union recognition, and more. References include citations to hundreds of arbitration awards and judicial decisions. It includes tables of all discussed or cited arbitration awards, statutory authorities, and arbitrators."-- Provided by publisher.
Legal Negotiation in a Nutshell
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Follows the entire process from opening negotiations to settlement. Text first introduces negotiation in law practice and representing a client in legal negotiation. Covers the basic types of legal negotiations, case evaluation, and preparation. Also addresses the types of legal disputes that should not be negotiated. Examines negotiating styles and strategies, as well as the stages of legal negotiation.
Nolan-Haley's Alternative Dispute Resolution in a Nutshell
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This title presents a concise summary of alternatives to the court adjudication of disputes. It provides an on-point discussion that facilitates an understanding of the wide variety of options available that can better suit a client's needs, such as negotiation, mediation, arbitration, and various hybrids such as arbitration-mediation, mediation-arbitration, and consensus-building, as well as court-connected processes. Particular attention is focused on the legal and ethical issues associated with negotiation, mediation, and arbitration. Each chapter contains a bibliography.
Mediation: Law, Policy and Practice
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Empirical research that we report in the treatise this year emphasizes the continuing changes in civil case mediation practice – the increasing dominance of caucus-based mediation rather than a mixed model of face-to-face and caucus .
An Introduction to the American Legal System
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The Fifth Edition of An Introduction to the American Legal System provides both historical context and thoroughly up-to-date coverage of all aspects of American law and the legal system. Vivid examples, on-point case summaries, and hot-button issues make this text an obvious choice for paralegal, criminal justice, political science, or legal studies courses. New to the Fifth Edition: This edition of An Introduction to the American Legal System introduces a broad reorganization of the text into four parts that are easily grasped by students: Foundations of the Legal System examines the origins of American law and the important institutions and actors of our present system. Public Law covers those areas of the law that govern the relationships between society, government, and the individual. Private Law explains those areas of the law that deal primarily with the rights and duties of private parties. The Legal Process provides an overview of legal procedure. New chapters on civil rights and civil liberties speak to students' interests and the importance of these issues in today's society. A new chapter on appellate procedure exhibits the role of judicial review in civil, criminal and administrative contexts. An expanded chapter on administrative law demonstrates the current importance of administrative agencies in the policymaking process. Recent Supreme Court decisions are covered throughout the book. Professors and students will benefit from: Comprehensive coverage of law and the legal system Updated coverage of the Supreme Court through the 2018-19 Term Clear prose Extensive citations Comprehensive glossary of legal terms Thought-provoking discussion questions
American Law 101
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American Law 101: An Easy Primer on the U.S. Legal System is a thorough introduction to American legal principles, a highly accessible user s guide into both the spirit and the black letter law underlying the U.S. legal system. Everyone who wants a better, working understanding of U.S. law and the way it is applied foreign lawyers, law students or those thinking about law school, business professionals, journalists, and the simply curious can use this straightforward, approachable guide to the American legal system. American Law 101 offers: .Easy-to-read and succinct explanations and examples of most of the concepts covered in U.S. law schools .Concepts and terms explained in plain English, with minimum use of American colloquialisms, cultural references, and slang .Short executive summaries of each chapter that cover the most crucial, "big picture" applications of the concepts covered .Simple and useful diagrams .Complete copies of the U.S. Constitution and Bill of Rights, as well as a glossary of legal terms Chapters include, thinking like an American lawyer, contracts, torts, constitutional law, criminal law and procedure, American perspectives on international business and public law, and alternative dispute resolution and civil litigation. American Law 101 offers a better understanding of the U.S. legal system--and the legal professionals working in it to domestic and international readers."
An Introduction to the American Legal System
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The Fifth Edition of An Introduction to the American Legal System provides both historical context and thoroughly up-to-date coverage of all aspects of American law and the legal system. Vivid examples, on-point case summaries, and hot-button issues make this text an obvious choice for paralegal, criminal justice, political science, or legal studies courses. New to the Fifth Edition: This edition of An Introduction to the American Legal System introduces a broad reorganization of the text into four parts that are easily grasped by students: Foundations of the Legal System examines the origins of American law and the important institutions and actors of our present system. Public Law covers those areas of the law that govern the relationships between society, government, and the individual. Private Law explains those areas of the law that deal primarily with the rights and duties of private parties. The Legal Process provides an overview of legal procedure. New chapters on civil rights and civil liberties speak to students' interests and the importance of these issues in today's society. A new chapter on appellate procedure exhibits the role of judicial review in civil, criminal and administrative contexts. An expanded chapter on administrative law demonstrates the current importance of administrative agencies in the policymaking process. Recent Supreme Court decisions are covered throughout the book. Professors and students will benefit from: Comprehensive coverage of law and the legal system Updated coverage of the Supreme Court through the 2018-19 Term Clear prose Extensive citations Comprehensive glossary of legal terms Thought-provoking discussion questions
The United States Legal System
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This book is designed to introduce incoming law students to the U.S. legal system in order to prepare them to get the most out of law school from the day it begins. Authors Johns and Perschbacher do not assume a great deal of prior knowledge and begin by explaining what legal education is all about. There is then a chapter on the legal profession--who are all those lawyers, how are they regulated, and what are they doing? The book then covers the structure of our legal system, looking at the complex relationship between the states and the federal government as well as at the institutions of both. Finally, two important sources of law are considered: legislatures and courts. The book examines some of the ways that legislation is interpreted and some of the ways that the law evolves through the judicial process. For this edition, the authors revised and updated all the chapters, introducing new material on the current state of legal practice and its challenges. They kept the centerpiece of chapter 6, Lockyer v. San Francisco, but added context regarding the on-going litigation on same-sex marriage that currently is in the Ninth Circuit Court of Appeals. Chapter 6 retains its focus on efforts of the City of San Francisco and its then-Mayor, Gavin Newsom to bring same-sex marriage to the City on their own. The authors use Lockyer v. San Francisco to raise very interesting questions about the rule of law and separation of powers. This book not only can serve as a crucial introduction for all law students but would also work well in an undergraduate course geared to pre-law students or a more general course about our contemporary legal system.
An Introduction to the Legal System of the United States
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In the updated, fourth edition of this classic text which has been translated into over a dozen languages, constitutional scholar and Columbia Law School professor E. Allan Farnsworth provides a clear explanation of the structure and function of the U.S. legal system in one handy reference. AnIntroduction to the Legal System of the United States, Fourth Edition is designed to be a general introduction to the structure and function of the legal system of the United States, and is especially useful for those readers who lack familiarity with fundamental establishments and practices. This text also gives the reader a clear understanding of how to research the law, the importance of case law versus statutes, and the difference between private and public law. It illustrates issues that may be confusing or troublesome and provides a solid general overview. It includes a newintroduction by Steve Sheppard.
Law in the United States
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Law in the United States, Second Edition, is a concise presentation of the salient elements of the American legal system designed mainly for jurists of civil law backgrounds. It focuses on features of American law likely to be least familiar to jurists from other legal traditions, such as American common law, the federal structure of the U.S. legal system, and the American constitutional tradition. The use of comparative law technique permits foreign jurists to appreciate the American legal system in comparison with legal systems with which they are already familiar. Chapters in the second edition also cover such topics as American civil justice, criminal law, jury trial, choice of laws and international jurisdiction, the American legal profession, and the influence of American law in the global legal order.
Introduction to the Law and Legal System of the United States
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American Law
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This is a comprehensive introduction to the American legal system for students and general readers. The book uses anecdotes, historical detail and scholarship to describe the variety of American laws, from antitrust to tort law, and explains how these laws are made and how they are administered. Taking account of important cases and legislation, the book explores the way changes in American law mirror and sometimes prompt changes in American society.
Antitrust Institute 2017: Developments & Hot Topics
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Principles of Antitrust
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Nearly all of the aspects of federal antitrust policy are covered in this book. And it's written so you don't need a background in economics to understand it. Expert narration states the "black letter" law and presents policy arguments for alternatives. Text also includes an analysis of recent Supreme Court and lower-court decisions.
Federal Antitrust Policy, the Law of Competition and Its Practice
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Nearly all of the aspects of federal antitrust policy are covered in this treatise. And it's written so you don't need a background in economics to understand it. Expert narration states the "black letter" law and presents policy arguments for alternatives. Text also includes an analysis of recent Supreme Court and lower-court decisions.
Antitrust Law, Policy, and Procedure
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Introduction to the competition model -- Framework for analysis -- Special problems of antitrust enforcement -- Cartels and other joint conduct by competitors -- Vertical restrictions -- Monopoly structure, power, and conduct -- Mergers and acquisitions -- Secondary-line differential pricing and the Robinson-Patman Act -- Antitrust, other forms of regulation, and exemptions.
Understanding Antitrust and Its Economic Implications
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Antitrust policy : an introduction -- Antitrust economics -- Antitrust coverage : jurisdiction, enforcement, and exceptions -- Horizontal restraints and cartel behavior -- Vertical restraints -- Monopolization and related offenses -- Mergers and acquisitions -- Price discrimination.
Antitrust Law
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Recently cited by the Tenth Circuit in Kay Electric Cooperative vs. City of Newkirk: and“with its usual care Professor Areeda and Hovenkampand’s treatise traces all these warps and weftsand” in analyzing a municipalityand’s antitrust immunity in light of state authorizing legislation. The authoritative antitrust resource covering mergers and acquisitions, intellectual property and antitrust, predatory pricing, antitrust issues in healthcare, media, and other areas, monopolizing conduct, and"substantialand" market power, market share and buyer concentration, interlocking directors, refusals to deal, territorial customer limitation, product tying, contractual arbitration provisions; widely cited by the courts, including more than 100 citations by the Supreme Court and FTC combined. By Phillip E. Areeda, Herbert Hovenkamp The authority of Areeda and Hovenkamp's Antitrust Law is second to none. It has been cited more than 50 times by the Supreme Court, more than 50 times by the FTC, and more than 1,050 times by the federal courts. Most recently it was cited by the Supreme Court in American Needle, Inc. v. National Football League. No other source gives you all the law to avoid antitrust liability as you: Plan marketing strategies and develop pricing policies Structure mergers and acquisitions with attention to potential antitrust consequences Prove - or defend against - antitrust injury, monopolization, conspiracy, tying, and other allegation Among the real-world examples and proven strategies you can apply directly to your own cases, you'll find clear discussions of Intellectual property and antitrust Predatory pricing Antitrust issues in healthcare, media, and other areas Monopolizing conduct and"Substantialand" market power Market share and buyer concentration Interlocking directors Refusals to deal Territorial customer limitation Product tying Contractual arbitration provisions Plus in-depth examination of thousands of cases Antitrust Law is updated twice per year. A Cumulative Supplement is issued in April, and new volumes (Fourth Edition volumes starting in 2013) are issued in September. Highlights for the 2014 Supplement include: Complete update of antitrust and“state actionand” cases, including the Supreme Court's Phoebe Putney decision and its aftermath, plus the litigation in the North Carolina Dental teeth whitening case. See Chapter 2, and#182;227. Completely updated section on the law of antitrust class actions, including the Supreme Court's Comcast decision on the amount of common evidence of causation and harm required, and the Optronics decision on whether state Attorney General parens patriae actions qualify as class actions or and“mass actionsand” for purposes of the Class Action Fairness Act . See Chapter 3, and#182;331. Updated coverage of Supreme Court treatment of agreements requiring the arbitration of antitrust claims, including prohibitions on class-action treatment. See Chapter 3, and#182;311. Updates on the debate over the extent to which a relevant market must be proven in rule of reason antitrust actions and merger cases, or whether market power can be established by other means. See Chapter 15, and#182;1508. Updates on most-favored-nation clauses (MFNs), discounting practices including market share discounts, patent exclusion practices, Standards-Essential Patents (SEPs) and Fair, Reasonable and Non-Discriminatory (FRAND) royalty commitments. See Chapter 18, and#182;1807b1 and Chapter 20, and#182;2022f. All de
Antitrust Law and Economics in a Nutshell
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Gellhorn, Kovacic, and Calkins' Antitrust Law and Economics in a Nutshell enhances understanding of antitrust laws, and includes the latest Supreme Court cases. This reliable guide on antitrust law gives special attention to the expanded role of evidentiary standards and the procedural screens in determining litigation outcomes. A look into recent revisions of public enforcement, immunity-related doctrines, and government intervention is also included.
Fundamentals of Antitrust Law
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Herbert Hovenkamp's new Fundamentals of Antitrust Law presents the full sections of the Antitrust Law treatise cited most frequently by the courts, and those topics that are most litigated in antitrust law. This convenient and affordable new 2-volume set should be on the desk of every antitrust professional, As well as the occasional antitrust practitioner. Fundamentals was created for two purposes. First, it provides an excellent reference For The attorney with just an occasional need for antitrust advice. You'll have the expert guidance of the full 18-volume Areeda and Hovenkamp treatise without having to wade through the full text. As Fundamentals contains the most frequently referenced material from the treatise, you'll have everything you need in 2 convenient volumes at only a fraction of the price. And second, Fundamentals is the perfect desktop guide For The most experienced antitrust professional. While the sizeable 18-volume treatise most likely resides on your library shelf, with Fundamentals you will have at your fingertips the perfect starting point for your antitrust research. Find what you need in the two desktop volumes, and follow the meticulous cross references back To The full text of the material you need in the full treatise. Designed for convenience and time-saving, Fundamentals of Antitrust Law is an invaluable tool for drafting briefs, motions, and other legal documents. If you rely on Areeda & Hovenkamp's Antitrust Law, The new Fundamentals of Antitrust Law will help you to streamline your antitrust practice.
Antitrust Law Handbook
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Antitrust Law Handbook 2017-2018 Edition presents a comprehensive overview and update of American antitrust law and practice. The authors, William Holmes and Melissa Mangiaracina, have approached the subject from the perspective of a litigating attorney or business advisor interested in a compact, broad and, above all, up-to-date picture of the entire area of the law, including procedural as well as substantive issues. The book handily serves as your first point of reference and immediate source of access to the current law in the field.
Antitrust Laws and Trade Regulation
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The Master Treatise On Antitrust Law. Prepare Yourself. Because the effects of antitrust legislation are so pervasive, no business can afford not to be aware of the most recent developments in antitrust law. Antitrust Laws and Trade Regulation prepares practitioners to confidently advise their clients and to meet the demands of a regulatory atmosphere where the law is complex and the penalties for violations are high. Stay Current With Sweeping Changes In Antitrust. The government agencies responsible for regulating business practices are currently stepping up their efforts to enforce antitrust legislation.
Bankruptcy and Related Law in a Nutshell
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This classic student text, used by tens of thousands of law students for over 45 years has been revised to reflect changes in case law, changes in bankruptcy practices, and changes in bankruptcy casebooks. Today's bankruptcy courses are now much more than just the automatic stay, avoiding powers, and discharge. As bankruptcy classes have become more comprehensive, more students have found this book helpful in comprehending reading assignments, class discussions, and exam questions.
Principles of Bankruptcy Law
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This book focuses on the material covered in a typical law school course on Bankruptcy. It covers both business and consumer bankruptcy. The book explains basic bankruptcy concepts and then uses those concepts to make code provisions understandable.
Law of Bankruptcy
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This comprehensive text provides an exhaustive analysis and discussion of every aspect of bankruptcy law, including an overview of bankruptcy; invoking bankruptcy relief (with a very detailed explanation of the means test); the automatic stay; jurisdiction and procedure; property of the estate; trustee's avoiding powers; payment of claims; executory contracts and unexpired leases; exemptions; discharge; reorganization under Chapter 11; debt adjustments under Chapter 13; debt adjustments under Chapter 12; and cross-border cases under chapter 15. The 2005 BAPCPA amendments and the extensive case law thereunder are explained and critiqued. All relevant Supreme Court cases through the 2015 Term are discussed in depth, including, for example, Stern, Wellness, Arkison, Caulkett, Schwab, Ransom, Lanning, Baker Botts, and many more.
Bankruptcy Law
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Introduction to debt collection and bankruptcy -- Involking bankruptcy relief -- Property of the estate -- Automatic stay -- Unsecured claims -- Secured claims -- Relief from stay and adequate protection -- Executory contracts -- Avoiding powers -- Discharge -- Exemptions -- Reorganization -- Jurisdiction and procedure -- Transnational bankruptcy cases.
Bankruptcy and Debtor Creditor
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A favorite among successful students, and often recommended by professors, the unique Examples & Explanations series gives you extremely clear introductions to concepts followed by realistic examples that mirror those presented in the classroom throughout the semester. Use at the beginning and midway through the semester to deepen your understanding through clear explanations, corresponding hypothetical fact patterns, and analysis. Then use to study for finals by reviewing the hypotheticals as well as the structure and reasoning behind the accompanying analysis. Designed to complement your casebook, the trusted Examples & Explanations titles get right to the point in a conversational, often humorous style that helps you learn the material each step of the way and prepare for the exam at the end of the course. The unique, time-tested Examples & Explanations series is invaluable to teach yourself the subject from the first day of class until your last review before the final. Each guide: helps you learn new material by working through chapters that explain each topic in simple language challenges your understanding with hypotheticals similar to those presented in class provides valuable opportunity to study for the final by reviewing the hypotheticals as well as the structure and reasoning behind the corresponding analysis quickly gets to the point in conversational style laced with humor remains a favorite among law school students is often recommended by professors who encourage the use of study guides works with ALL the major casebooks, suits any class on a given topic provides an alternative perspective to help you understand your casebook and in-class lectures
Understanding Bankruptcy
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General principles underlying insolvency law -- Creditors' collection rights -- A brief history of bankruptcy -- Parties and other participants in bankruptcy cases -- Bankruptcy procedure, jurisdiction, and venue -- Commencement -- Property of the estate -- The automatic stay -- Operating the debtor -- Claims and interests -- Executory contracts and unexpired leases -- Preserving assets : exemptions, reaffirmation, and redemption -- Discharge -- General avoiding powers; limitations on avoiding powers -- Preferences -- Fraudulent transfers -- Liquidation under Chapter 7 -- Rehabilitation of individuals with regular income -- Reorganization under Chapter 11 -- Family farmer and family fishermen : reorganization under Chapter 12 -- Role of professionals in bankruptcy proceedings -- Transnational bankruptcy -- Special uses of bankruptcy
Ginsburg & Martin on Bankruptcy
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checked April 2011 - WVR
Human Agency and Behavioral Economics
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This Palgrave Pivot offers comprehensive evidence about what people actually think of "nudge" policies designed to steer decision makers' choices in positive directions. The data reveal that people in diverse nations generally favor nudges by strong majorities, with a preference for educative efforts - such as calorie labels - that equip individuals to make the best decisions for their own lives. On the other hand, there are significant arguments for noneducational nudges - such as automatic enrollment in savings plans - as they allow people to devote their scarce time and attention to their most pressing concerns. The decision to use either educative or noneducative nudges raises fundamental questions about human freedom in both theory and practice. Sunstein's findings and analysis offer lessons for those involved in law and policy who are choosing which method to support as the most effective way to encourage lifestyle changes.
Nudging Health
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Behavioral nudges are everywhere: calorie counts on menus, automated text reminders to encourage medication adherence, a reminder bell when a driver's seatbelt isn't fastened. Designed to help people make better health choices, these reminders have become so commonplace that they often go unnoticed. In Nudging Health, forty-five experts in behavioral science and health policy from across academia, government, and private industry come together to explore whether and how these tools are effective in improving health outcomes. Behavioral science has swept the fields of economics and law through the study of nudges, cognitive biases, and decisional heuristics--but it has only recently begun to impact the conversation on health care. Nudging Health wrestles with some of the thorny philosophical issues, legal limits, and conceptual questions raised by behavioral science as applied to health law and policy. The volume frames the fundamental issues surrounding health nudges by addressing ethical questions. Does cost-sharing for health expenditures cause patients to make poor decisions? Is it right to make it difficult for people to opt out of having their organs harvested for donation when they die? Are behavioral nudges paternalistic? The contributors examine specific applications of behavioral science, including efforts to address health care costs, improve vaccination rates, and encourage better decision-making by physicians. They wrestle with questions regarding the doctor-patient relationship and defaults in healthcare while engaging with larger, timely questions of healthcare reform. Nudging Health is the first multi-voiced assessment of behavioral economics and health law to span such a wide array of issues--from the Affordable Care Act to prescription drugs. Contributors: David A. Asch, Jerry Avorn, Jennifer Blumenthal-Barby, Alexander M. Capron, Niteesh K. Choudhry, I. Glenn Cohen, Sarah Conly, Gregory Curfman, Khaled El Emam, Barbara J. Evans, Nir Eyal, Andrea Freeman, Alan M. Garber, Jonathan Gingerich, Michael Hallsworth, Jim Hawkins, David Huffman, David A. Hyman, Julika Kaplan, Aaron S. Kesselheim, Nina A. Kohn, Russell Korobkin, Jeffrey T. Kullgren, Matthew J.B. Lawrence, George Loewenstein, Holly Fernandez Lynch, Ester Moher, Abigail R. Moncrieff, David Orentlicher, Manisha Padi, Christopher T. Robertson, Ameet Sarpatwari, Aditi P. Sen, Neel Shah, Zainab Shipchandler, Anna D. Sinaiko, Donna Spruijt-Metz, Cass R. Sunstein, Thomas S. Ulen, Kristen Underhill, Kevin G. Volpp, Mark D. White, David V. Yokum, Jennifer L. Zamzow, Richard J. Zeckhauser
Behavioral Economics and Healthy Behaviors
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The field of behavioural economics can tell us a great deal about cognitive bias and unconscious decision-making, challenging the orthodox economic model whereby consumers make rational and informed choices. But it is in the arena of health that it perhaps offers individuals and governments the most value. In this important new book, the most pernicious health issues we face today are examined through a behavioral economic lens. It provides an essential and timely overview of how this growing field of study can reframe and offer solutions to some of the biggest health issues of our age. The book opens with an overview of the core theoretical concepts, after which each chapter assesses how behavioral economic research and practice can inform public policy across a range of health issues. Including chapters on tobacco, alcohol and drug use, physical activity, dietary intake, cancer screening and sexual health, the book integrates the key insights from the field to both developed and developing nations. Also asking important ethical questions around paternalism and informed choice, this book will be essential reading for students and researchers across psychology, economics and business and management, as well as public health professionals wishing for a concise overview of the role behavioral economics can potentially play in allowing people to live healthier lives.
Nudge Theory in Action
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This collection challenges the popular but abstract concept of nudging, demonstrating the real-world application of behavioral economics in policy-making and technology. Groundbreaking and practical, it considers the existing political incentives and regulatory institutions that shape the environment in which behavioral policy-making occurs, as well as alternatives to government nudges already provided by the market. The contributions discuss the use of regulations and technology to help consumers overcome their behavioral biases and make better choices, considering the ethical questions of government and market nudges and the uncertainty inherent in designing effective nudges. Four case studies - on weight loss, energy efficiency, consumer finance, and health care - put the discussion of the efficiency of nudges into concrete, recognizable terms. A must-read for researchers studying the public policy applications of behavioral economics, this book will also appeal to practicing lawmakers and regulators.
Behavioral Law and Economics
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Patent Politics
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Over the past thirty years, the world's patent systems have experienced pressure from civil society like never before. From farmers to patient advocates, new voices are arguing that patents impact public health, economic inequality, morality--and democracy. These challenges, to domains that we usually consider technical and legal, may seem surprising. But in Patent Politics, Shobita Parthasarathy argues that patent systems have always been deeply political and social. To demonstrate this, Parthasarathy takes readers through a particularly fierce and prolonged set of controversies over patents on life forms linked to important advances in biology and agriculture and potentially life-saving medicines. Comparing battles over patents on animals, human embryonic stem cells, human genes, and plants in the United States and Europe, she shows how political culture, ideology, and history shape patent system politics. Clashes over whose voices and which values matter in the patent system, as well as what counts as knowledge and whose expertise is important, look quite different in these two places. And through these debates, the United States and Europe are developing very different approaches to patent and innovation governance. Not just the first comprehensive look at the controversies swirling around biotechnology patents, Patent Politics is also the first in-depth analysis of the political underpinnings and implications of modern patent systems, and provides a timely analysis of how we can reform these systems around the world to maximize the public interest.
Bioethics and Law in a Nutshell
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This book provides a concise analysis of areas in which the law has addressed issues in bioethics. Topics include assisted reproductive techniques and family-making, limitations on reproduction (including abortion, contraception and sterilization), the role of ethical and religious beliefs of health care professionals, the definition of death, end-of-life decision-making (including physician assisted death), genetics, research involving human subjects (including issues related to conflicts of interest), stem cell research, organ transplantation, and other emerging topics. The book provides an excellent introduction to the process of ethics decision-making as well as useful support for students.
Biotechnological Inventions and Patentability of Life
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In today's technological world, biotechnology is one of the most innovative and highly invested-in industries for research, in the field of science. This book analyses the forms and limitations of patent protection recognition for biotechnological inventions, with particular regard to patentability of life. The author expertly compares the United States model, traditionally based on technical evaluations, with the European model, inspired by fundamental rights and bioethics. He highlights how the regulation of biotechnological inventions should guarantee a fair balance between protection of investment and access to information, which is essential for further research and innovation. Academics and practitioners dealing with intellectual property, patent law and biotechnological inventions will find this book to be of interest. The topics discussed will also be useful for patent offices and medical institutions, as well as medical researchers.
Transplantation Ethics
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Although the history of organ transplant has its roots in ancient Christian mythology, it is only in the past fifty years that body parts from a dead person have successfully been procured and transplanted into a living person. After fourteen years, the three main issues that Robert Veatch first outlined in his seminal study Transplantation Ethics still remain: deciding when human beings are dead; deciding when it is ethical to procure organs; and deciding how to allocate organs, once procured. However, much has changed. Enormous strides have been made in immunosuppression. Alternatives to the donation model are debated much more openly--living donors are used more widely and hand and face transplants have become more common, raising issues of personal identity. In this second edition of Transplantation Ethics, coauthored by Lainie F. Ross, transplant professionals and advocates will find a comprehensive update of this critical work on transplantation policies.
Bioethics and the Law, 3rd ed.
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Bioethics and the Law takes a multidisciplinary approach that combines legal discussion with jurisprudential, philosophical, and sociological materials. Strong expressions of different points of view highlight debates about bioethical issues. The text underscores the need to mediate between the law's focus on broad rules and the bioethicist's concern with context and detail. Students are required to consider the ethical implications of health care as a business, face the shifting parameters of the provider/patient relationship in healthcare, and understand the role of government in designing and implementing healthcare programs such as Medicaid and Medicare. Bioethics and the Law supplements the traditional focus of bioethics on the interest of the individual with a second focus on the socio-economic developments that shape healthcare. Connecting broad public healthcare issues to concerns of the individual patient/healthcare consumer, the text promotes understanding of unsettling and complex situations and shows the implications of bioethical developments for understandings of personhood. A helpful glossary defines basic terms and several short appendices summarize recent developments in science and technology. The Third Edition offers in-depth examination of new questions and debates among health care professionals, lawyers, and bioethicists. Separate sections are devoted to issues related to individuals and those related primarily to communities. A significantly expanded discussion of access to health care explores the Patient Protection and Affordable Care Act and the debate about its constitutionality as well as new material on the social determinants of health and global health ethics. A new chapter on privacy and essentialism focuses on bioethical questions occasioned by genetic information and neuroimaging. There is new consideration of discrimination in health care as well as new material on its business aspects. Thoroughly updated, the revised Third Edition presents: in-depth examination of new questions and debates among health care professionals, lawyers, and bioethicists separate sections on issues related to individuals and those related to communities significantly expanded discussion of access to health care the Patient Protection and Affordable Care Act and debate about its constitutionality new material on the social determinants of health and global health ethics , a new chapter on privacy and essentialism, focusing on bioethical questions around genetic information and neuroimaging consideration of discrimination in health care new material on the business aspects of health care
The American Experience in Bioethics
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This volume tracks the development in the United States of the field of Bioethics, Ethics applied to the disciplines of medicine, nursing, and health care in general, including medical research and the complex economic and political problems surrounding the provision of medical and nursing care. It explains how the United States developed, case by case, the central rules and principles of ER ethics in the Health Care System. The discussion includes the controversies centering on birth, death, clinical research, experimental procedures (cloning, reproductive technology, organ transplants), and ends with a substantial suggestion on the provision of health care for all.
Principles of Business Organizations
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The study of business organizations is, broadly speaking, a study of how people engage in business and, more importantly, how the law facilitates and regulates the operation of such businesses. Written in a clear and informative style, and chock full of examples and illustrations, this book examines the legal rules and doctrines associated with running a business--from formation to dissolution to everything in between. These rules and doctrines are explored within the context of the various organizational forms in which a business may be operated. Thus, reading this book will provide you with a solid grounding in the law of agency, general partnerships, corporations, limited partnerships, limited liability partnerships, and limited liability companies.
The ABA Corporate Compliance Officer's Deskbook
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The ABA Compliance Officer Desk Book is a user-friendly, practical, and real-world focused desk book written for today's compliance professional. Whether working in a big or small, private or public, established or rapidly growing organization, the Book's aim is to empower compliance professionals to better understand the regulatory and enforcement landscapes in which they operate. The Book issue spots compliance pitfalls and challenges across industries, subject matters, and corporate infrastructures and recommends practical solutions today's most high-profile, hot-button compliance topics. In doing so, the Book covers the waterfront of topics such as: - The Role of the Compliance Professional in today's Organization; - Labor Exploitation and CSR;- The Foreign Corrupt Practices Act ("FCPA") and U.S. Travel Act;- Dodd-Frank and Sarbanes-Oxley Financial Regulation;- Health Care;- Pharmaceutical, Medical, and Food Products;- Product Safety;- Environmental Regulation;- Government Contracts;- Nonprofit Entities; and- Privacy and Data Security;- Preserving Legal Privilege;- Addressing Law Enforcement Activities;- Immunity Issues in Corporate Compliance;- Crimes of False Certification;- International Transactions Compliance: OFAC Sanctions;- The Corporate Whistleblower;- Corporate Voluntary Disclosures;- Department of Justice Pilot Program for Cooperation;- Deferred Prosecution Agreements, Non-Prosecution Agreements, and Corporate Integrity Agreements; and - Structuring Compliance Programs to Meet and Exceed Statutory Obligations. . Whether a new or seasoned compliance professional, in-house lawyer, outside counsel, regulator, or member of management, The ABA Compliance Officer Desk Book covers key compliance concepts in a manner that is both thorough and easily-digestible.
Business Organizations Law
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Clear, succinct, descriptions of the reasoning and policy issues underlying corporate law that is accessible to law students with no business or economic background. The 2016 edition is thoroughly updated to include recent U.S. Supreme Court, Delaware and other leading decisions and regulatory developments that impact the fiduciary obligations and duties in corporate transactions, governance, and management of corporations and LLCs, as well as benefit corporations, including rules implementing important provisions of the Dodd-Frank Act of 2010 and the Jobs Act of 2012 that have changed, the landscape of securities fraud suits in the federal courts, new discussions of unincorporated forms of business, insightful explanations of such news-making issues as corporate governance and director liabilities, and coverage of LLCs and LLPs.
Corporate Citizen?
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Over time, corporations have engaged in an aggressive campaign to dramatically enlarge their political and commercial speech and religious rights through strategic litigation and extensive lobbying. At the same time, many large firms have sought to limit their social responsibilities. For the most part, courts have willingly followed corporations down this path. But interestingly, corporations are meeting resistance from many quarters including from customers, investors, and lawmakers. Corporate Citizen? explores this resistance and offers reforms to support these new understandings of the corporation in contemporary society.
The Law of Corporations in a Nutshell
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Completely revised and updated, conversational in tone, the book features hypotheticals to illustrate key concepts. Comprehensive yet concise, it addresses the theory of the firm as well as the nuts-and-bolts of corporate law, including separate consideration of specialized issues raised by closely-held and public corporations. With updated discussion of Sarbanes-Oxley, Rule 10b-5, and Section 16(b), it gives broad background. Financial concepts are explained with helpful examples, so that even sociology majors need not fear them.
Limited Liability
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The modern corporation has become central to our society. The key feature of the corporation that makes it such an attractive form of human collaboration is its limited liability. This book explores how, by allowing those who form the corporation to limit their downside risk and personal liability to only the amount they invest, there is the opportunity for more risks taken at a lower cost.This comprehensive economic analysis of the policy debate surrounding the laws governing limited liability examines not only in an American context, but also internationally, as the authors consider issues of limited liability in Britain, Europe, and Asia. Stephen M. Bainbridge and M. Todd Henderson begin with an exploration of the history and theory of limited liability, delve into an extended analysis of corporate veil piercing and related doctrines, and conclude with thoughts on possible future reforms. Limited liability in unincorporated entities, reverse veil piercing and enterprise liability are also addressed. This comprehensive book will be of great interest to students and scholars of corporate law. The book will also be an invaluable resource for judges and practitioners.
Closely Held Organizations
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This casebook covers the law of ''closely held'' businesses -- those with few owners. Such businesses face special problems when compared, for example, to large, publicly held corporations. The book primarily covers four legal areas, through cases, statutes, and original informational notes and commentary: (1) agency law (covering questions of authority, fiduciary duties, and respondeat superior); (2) partnership law (the Revised Uniform Partnership Act and significant common-law developments); (3) the law of close corporations (basic corporate structure, common-law underpinnings and modern statutes, and protections of minority interests); and (4) the law of limited liability companies (LLCs). The book also introduces some problems in the law of small nonprofit organizations and of hybrid companies, such as the ''low-profit'' LLCs that have been authorized by recent statutes.
The book is intended for use in modern versions of the ''Agency and Partnership'' course, courses on unincorporated or closely held businesses, and the first part of integrated ''Business Organizations'' sequences of courses. It adopts a functionalist approach to law and introduces students to economic reasoning in business law without relying exclusively on the methods or ideologies of legal economists.
Florida Civil Trial Practice
Florida Civil Practice Before Trial
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Florida Civil Procedure
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Civil Procedure in a Nutshell
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Rules of civil procedure govern everything that happens outside of criminal proceedings. This Nutshell provides a road map to navigating civil procedure rules and helps build a foundation for understanding the overall picture. Topics discussed include how to choose the proper court, pretrial and trial preparation, adjudication, judgments, appeals, and specialized multi-party/multi-claim proceedings.
Principles of Civil Procedure
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This Concise Hornbook covers the main points of civil procedure that any student needs to understand, and covers them briefly but thoroughly enough to be understandable. It focuses on the material covered in a typical law school course on civil procedure, tied to no one casebook. It breaks down the subject of civil procedure along the standard lines: a brief orientation; then a lengthier overview of the stages of litigation, followed by a close inspection of the major procedural problems (governing law, authority to adjudicate, former adjudication, and complex litigation); and finally some reflections in conclusion. It discusses specific problems and illustrations, with the aid of generously sprinkled diagrams and special text boxes. Special attention was given to fitting the civil procedure course's main points together to form the big picture, with each topic ending in a section on the "big idea" (separation of powers, vertical federalism, horizontal federalism, full faith and credit, or procedural due process) that the student is supposed to take from the topic.
Law of Federal Courts
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This title offers practical guidance and comprehensive coverage on all aspects of federal court jurisdiction and litigation procedure, as well as the relationship between the state and federal courts. Text reviews the federal judicial system; judicial power of the United States; diversity of citizenship; venue; law applied in federal courts; pleadings, trials, and judgments; and appellate court and Supreme Court jurisdiction.
Understanding Federal Courts and Jurisdiction
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Understanding Civil Procedure
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Supreme Court Practice
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Federal Jurisdiction
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A student treatise, by one of the nation's leading authorities in Federal Jurisdiction, intended for use alongside any federal jurisdiction casebook. Features: Comprehensive coverage, with clear descriptions and analyses of the doctrines and policies that determine the jurisdiction of the federal courts Chemerinsky's straightforward approach, in which he clearly states the current law; identifies unresolved issues; and examines underlying, competing policy considerations An even-handed treatment of the material, with multiple viewpoints presented Has been used as the required text in lieu of a traditional casebook, with professors bringing in their own cases New to the Sixth Edition: Updates to include discussions of important developments that occurred after the current edition was published in 2007, among them: Military Commissions Act and Boumediene v. Bush Medellin v. Texas Massachusetts v. EPA, Hein v. Freedom from Religion Foundation, Sprint Communications v. APPC Services, and DaimlerChrysler v. Cuno MedImmune v. Genentech Habeas corpus developments Ashcroft v. Iqbal Stoneridge Investment Partner v. Scientific-Atlanta (implied rights of action)
Civil Procedure
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A favorite among successful students, and often recommended by professors, the unique Examples & Explanations series gives you extremely clear introductions to concepts followed by realistic examples that mirror those presented in the classroom throughout the semester. Use at the beginning and midway through the semester to deepen your understanding through clear explanations, corresponding hypothetical fact patterns, and analysis. Then use to study for finals by reviewing the hypotheticals as well as the structure and reasoning behind the accompanying analysis. Designed to complement your casebook, the trusted Examples & Explanations titles get right to the point in a conversational, often humorous style that helps you learn the material each step of the way and prepare for the exam at the end of the course. The unique, time-tested Examples & Explanations series is invaluable to teach yourself the subject from the first day of class until your last review before the final. Each guide: helps you learn new material by working through chapters that explain each topic in simple language challenges your understanding with hypotheticals similar to those presented in class provides valuable opportunity to study for the final by reviewing the hypotheticals as well as the structure and reasoning behind the corresponding analysis quickly gets to the point in conversational style laced with humor remains a favorite among law school students is often recommended by professors who encourage the use of study guides works with ALL the major casebooks, suits any class on a given topic provides an alternative perspective to help you understand your casebook and in-class lectures
Civil Procedure in a Nutshell
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Rules of civil procedure govern everything that happens outside of criminal proceedings. This Nutshell provides a road map to navigating civil procedure rules and helps build a foundation for understanding the overall picture. Topics discussed include how to choose the proper court, pretrial and trial preparation, adjudication, judgments, appeals, and specialized multiparty/multiclaim proceedings.
Civil Procedure
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Civil Procedure: The Essentials takes a "forest rather than the trees" view of the first-year Civil Procedure course. Renowned scholar-teachers Sherry and Tidmarsh distill and explain the essential elements of civil procedure in this concise, user-friendly paperback.
Learning Civil Procedure
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In this book, Dittfurth uses various means to explain the issues of jurisdiction and procedure that arise in federal courts. The book describes the pertinent rules of as they operate in the processing of a case, and also features hypotheticals, with answers, to enhance the reader's understanding of the role played by a particular rule. In the broad sense, procedure is best understood in relation to the substance of litigation ? that is, to the causes of action, remedies, and defenses that are the heart of a lawsuit. These substantive elements are used to make more understandable the processes used in adjudication. Civil procedure is also useful as an introduction to the information and and analytical skills prized in law school. This book gives beginning law students clear explanations of the various legal concepts they must master. An extensive glossary of legal terms is included that explains rather than merely defines those concepts.The most confusing part of a law school initiation comes from the requirement that one learn how law is created and by and used in courts. A student's undergraduate education prepares him or her for simple research to find so-called "black-letter law." But a different skill ? one that lawyers call legal reasoning, or, more precisely, legal advocacy ? is required before a student understands how an advocate can distinguish an unfavorable legal authority and support the application of a more favorable one.
An Illustrated Guide to Civil Procedure
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The authors pack their book with advantages for students and instructors: - a realistic hypothetical age discrimination case is used as a vehicle for studying the procedural rules in action -- it carries students from a client's initial visit with a lawyer through trial and ultimate resolution of the case - exploration of most procedural rules examined in both one- or two-semester courses such as rules related to pleadings, motions, discovery, joinder, pretrial disposition, and trial - presents a strong first introduction to some of the principles of professional responsibility that apply in civil litigation - allows students to actively participate in the litigation process by making strategic and tactical litigation decisions and by reviewing and critiquing illustrative common litigation documents, such as complaints, answers, motions, discovery papers, and judicial orders - uniquely visually appealing text uses a variety of devices -- such as tables, question sets, student tasks, maps, and other illustrations -- to bring the material to life - designed for use as an in-class required text to supplement the instructor's materials, the book can also serve as an out-of-class reference for independent study - equally useful in courses that begin with the study of jurisdiction or the rules of pleading - a comprehensive Teacher's Manual provides guidance and supporting materials Be sure to notice these functionally and visually distinct features: - Rule References at the beginning of each chapter cite all rules to be discussed - clear litigation documents offer simple yet realistic examples of documents pertaining to most of the major topics - reallitigation tasks that engage the student in both prosecution and defense interspersed throughout each chapter - numbered question sets within each chapter - tactical tips to share conventional litigation wisdom - succinct notes conveying information that reinforces the text - tables summarizing important procedural information
Congress's Constitution
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A leading scholar of Congress and the Constitution analyzes Congress's surprisingly potent set of tools in the system of checks and balances. Congress is widely supposed to be the least effective branch of the federal government. But as Josh Chafetz shows in this boldly original analysis, Congress in fact has numerous powerful tools at its disposal in its conflicts with the other branches. These tools include the power of the purse, the contempt power, freedom of speech and debate, and more. Drawing extensively on the historical development of Anglo-American legislatures from the seventeenth century to the present, Chafetz concludes that these tools are all means by which Congress and its members battle for public support. When Congress uses them to engage successfully with the public, it increases its power vis-à-vis the other branches; when it does not, it loses power. This groundbreaking take on the separation of powers will be of interest to both legal scholars and political scientists.
Constitutional Law
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Buy a new version of this Connected Casebook and receive ACCESS to the online e-book, practice questions from your favorite study aids, and an outline tool on CasebookConnect, the all in one learning solution for law school students. CasebookConnect offers you what you need most to be successful in your law school classes - portability, meaningful feedback, and greater efficiency. A leading fifth edition text by a prominent scholar, Constitutional Law, is known for its concise, yet comprehensive presentation. Professor Chemerinsky's distinctive approach presents the law solely through case excerpts and his own essays, and with the author's context and background information, the law becomes more readily understood. The text's flexible organization accommodates a variety of course structures so that no chapter assumes that students have read preceding material. Finally, a complete Teacher's Manual and Annual Case Supplement round out this acclaimed Constitutional Law text. Features: Comprehensive covera≥ accessible writing style Distinctive approach presents the law solely through case excerpts and author-written essays Provides context and background information Flexible organization--no chapter assumes that students have read other chapters Updated throughout; includes major new cases CasebookConnect features: ONLINE E-BOOK Law school comes with a lot of reading, so access your enhanced e-book anytime, anywhere to keep up with your coursework. Highlight, take notes in the margins, and search the full text to quickly find coverage of legal topics. PRACTICE QUESTIONS Quiz yourself before class and prep for your exam in the Study Center. Practice questions from Examples & Explanations, Emanuel Law Outlines, Emanuel Law in a Flash flashcards, and other best-selling study aid series help you study for exams while tracking your strengths and weaknesses to help optimize your study time. OUTLINE TOOL Most professors will tell you that starting your outline early is key to being successful in your law school classes. The Outline Tool automatically populates your notes and highlights from the e-book into an editable format to accelerate your outline creation and increase study time later in the semester.
Constitutional Law in a Nutshell
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Constitutional Law in a Nutshell summarizes constitutional law from Marbury v. Madison (1803) to the present. This edition features some new and controversial cases. A new and famous example is Obergefell v. Hodges (2015) which held, per Justice Kennedy, 5-4, that under both the Due Process and the Equal Protection Clauses of the Fourteenth Amendment "same sex couples may exercise the fundamental right to marry in all States." In Fisher v. University of Texas (2016) the Court held, 4-3, per Justice Kennedy, that the much litigated, race-conscious admissions program of the University of Texas was valid under the Equal Protection Clause. In the area of "a woman's right to decide to have an abortion," the Court in Whole Women's Health v. Hellerstedt (2016) upheld, 5-2, the use of rigorous undue burden standard as the measure of the abortion right. The Court ruled that two provisions of a Texas law targeting the state's abortion clinics were unconstitutional under the Fourteenth Amendment. The First Amendment, as always, continues to generate new and important decisions. Thus, Reed v. Gilbert (2015) held that a town sign ordinance violated the First Amendment. The court indicated that any speech regulation directed to a specific subject matter should be evaluated under the strict scrutiny standard. The decision leaves open a question as to whether this ruling is intended to be applied to previously less protected categories of expression. This edition, of course, contains numerous other important decisions. The objective is to summarize the essence of the Court decisions and to do so in a concise and understandable way.
The Oxford Handbook of the U. S. Constitution
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The Oxford Handbook of the U.S. Constitution offers a comprehensive overview and introduction to the U.S. Constitution from the perspectives of history, political science, law, rights, and constitutional themes, while focusing on its development, structures, rights, and role in the U.S.political system and culture. This Handbook enables readers within and beyond the U.S. to develop a critical comprehension of the literature on the Constitution, along with accessible and up-to-date analysis. The historical essays included in this Handbook cover the Constitution from 1620 right through the Reagan Revolution to the present. Essays on political science detail how contemporary citizens in the United States rely extensively on political parties, interest groups, and bureaucrats to operate aconstitution designed to prevent the rise of parties, interest-group politics and an entrenched bureaucracy. The essays on law explore how contemporary citizens appear to expect and accept the exertions of power by a Supreme Court, whose members are increasingly disconnected from the world ofpractical politics. Essays on rights discuss how contemporary citizens living in a diverse multi-racial society seek guidance on the meaning of liberty and equality, from a Constitution designed for a society in which all politically relevant persons shared the same race, gender, religion andethnicity. Lastly, the essays on themes explain how in a "globalized" world, people living in the United States can continue to be governed by a constitution originally meant for a society geographically separated from the rest of the "civilized world." Whether a return to the pristineconstitutional institutions of the founding or a translation of these constitutional norms in the present is possible remains the central challenge of U.S. constitutionalism today.
Principles of Constitutional Law
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The authors, recognized authorities for over a third of a century, provide succinct and authoritative coverage of the major principles in modern American constitutional law. This book is a shortened version based on the authors' hornbook (popular with students) and their six-volume treatise (popular with judges, practitioners, and scholars). It analyzes the constitutional issues studied today, and discusses the origins of judicial review and federal jurisdiction, federal commerce and spending powers, state powers in light of the dormant Commerce Clause, the war power, freedom of speech and religion, equal protection, due process, and other important individual rights and liberties. This book is completely up to date and includes all major Supreme Court cases through February, 2016, including the ground breaking First Amendment decisions of the Roberts' Court.
Constitutional Law
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Buy a new version of this Connected Casebook and receive ACCESS to the online e-book, practice questions from your favorite study aids, and an outline tool on CasebookConnect, the all in one learning solution for law school students. CasebookConnect offers you what you need most to be successful in your law school classes - portability, meaningful feedback, and greater efficiency. A unique multidisciplinary approach characterizes the leading Constitutional Law. A variety of critical and social perspectives draw on political theory, philosophy, sociology, ethics, history, and economics to give a contemporary look at constitutional law within its traditional doctrinal structure. A mixture of lightly and more heavily edited cases allows close analysis while providing a broad array of important opinions and pivotal cases. Extensive material summarizes the state of the law and its development. Constitutional Law#65533;ideal for two-semester courses#65533;follows a logical two-part organization, beginning with the balance of powers among the Supreme Court and local, state, and federal governments and moving to the rights and powers of individuals. The excellent coverage of First Amendment law is clear and concise, and a distinct annual supplement separates First Amendment materials from the rest for ease of research. The Seventh Edition presents new material on originalism and the right to bear arms; incorporation and the Second Amendment; and Libya and the War Powers Resolution. Full, analytic treatment of the Supreme Court's decisions in the Affordable Care Act is presented. Coverage of the preemption doctrine is expanded. A new discussion of the Religion Clauses' treatment considers church autonomy in light of Hosanna-Tabor. The text on freedom of expression has been revised to incorporate new cases such as Citizens United v. Federal Election Commission (on campaign finance regulation), Snyder v. Phelps (on intentional infliction of emotional distress), Brown v. Entertainment Merchants' Ass'n (on violent video games), FCC v. Fox Television Stations (on expletives in broadcasting), and United States v. Alvarez (on criminal liability for lying about receiving medals of honor.) New material on privacy and the Internet brings the Seventh Edition completely up to date. CasebookConnect features: ONLINE E-BOOK Law school comes with a lot of reading, so access your enhanced e-book anytime, anywhere to keep up with your coursework. Highlight, take notes in the margins, and search the full text to quickly find coverage of legal topics. PRACTICE QUESTIONS Quiz yourself before class and prep for your exam in the Study Center. Practice questions from Examples & Explanations, Emanuel Law Outlines, Emanuel Law in a Flash flashcards, and other best-selling study aid series help you study for exams while tracking your strengths and weaknesses to help optimize your study time. OUTLINE TOOL Most professors will tell you that starting your outline early is key to being successful in your law school classes. The Outline Tool automatically populates your notes and highlights from the e-book into an editable format to accelerate your outline creation and increase study time later in the semester.
Hornbook on Constitutional Law
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This treatise provides a detailed, up-to-date, and comprehensive analysis of American constitutional law. It examines the issues that are studied and litigated today and discusses the origins of judicial review and federal jurisdiction, the sources of national authority, the growth of federal commerce and fiscal powers, and the limits on state laws that burden interstate commerce. It analyzes individual liberties and due process, including freedom of speech and religion, federal powers to enforce the Bill of Rights, and limitations on the jurisdiction of federal courts. Finally, it examines the separation of powers, including the restrictions on the foreign affairs power.
American State Constitutional Tradition
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For too long, the American constitutional tradition has been defined solely by the U.S. Constitution drafted in 1787. Yet constitutional debates at the state level open a window on how Americans, in different places and at different times, have chosen to govern themselves. From New Hampshire in 1776 to Louisiana in 1992, state constitutional conventions have served not only as instruments of democracy but also as forums for revising federal principles and institutions. In The American State Constitutional Tradition, John Dinan shows that state constitutions are much more than mere echoes of the federal document. The first comprehensive study of all 114 state constitutional conventions for which there are recorded debates, his book shows that state constitutional debates in many ways better reflect the accumulated wisdom of American constitution-makers than do the more traditional studies of the federal constitution. Wielding extraordinary command over a mass of historical detail, Dinan clarifies the alternatives considered by state constitution makers and the reasons for the adoption or rejection of various governing principles and institutions. Among other things, he shows that the states are nearly universal in their rejection of the rigid federal model of the constitutional amendment process, favoring more flexible procedures for constitutional change; they often grant citizens greater direct participation in law-making; they have debated and at times rejected the value of bicameralism; and they have altered the veto powers of both the executive and judicial branches. Dinan also shows that, while the Founders favored a minimalist design and focused exclusively on protecting individuals from government action, state constitution makers have often adopted more detailed constitutions, sometimes specifying positive rights that depend on government action for their enforcement. Moreover, unlike the federal constitution, state constitutions often contain provisions dedicated to the formation of citizen character, ranging from compulsory schooling to the regulation of gambling or liquor. By integrating state constitution making with the federal constitutional tradition, this path-breaking work widens and deepens our understanding of the principles by which we've chosen to govern ourselves.
Treatise on Constitutional Law : Substance and Procedure
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American Constitutional Law
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This treatise on constitutional law is organized around issues, or constitutional functions, rather than being a sequential discussion of the text to the Constitution. Professor Tribe provides analysis of constitutional law doctrine and policy. The text is heavily footnoted with references to treatises, law review articles, the U.S. Code, and Supreme Court cases. It concentrates on the Constitution's provisions for government structure and on how constitutional structure helps guarantee protection of substantive rights and liberties.
Principles of Contract Law
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This overview of contract law explains concepts clearly and concisely, in an informal, often humorous style that has made it popular with students over the years. For ease of reading and understanding, the book refrains from including complex textual footnotes. Instead, the footnotes cite cases, with most including short quotations to substantiate assertions made in the text. The book also contains numerous examples and illustrations. Cross references enable readers to review concepts that constitute building blocks for the current material.
Contract Law, Selected Source Materials Annotated
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Receive complimentary lifetime digital access to the eBook with new print purchase. This best-selling supplement contains the U.C.C. Article 2, extensive portions of the Restatement (Second) of Contracts, the CISG, and various other domestic and international contract documents. Notably, the 2017 edition contains excerpts from the 2017 Discussion Draft for an ALI Restatement of the Law, Consumer Contracts; the 2016 edition of the Unidroit Principles for International Commercial Contracts; and the U.S. Consumer Review Fairness Act of 2016. Each document is introduced by a short annotation that explains the documents origin, central purpose(s), scope of application, and current legal status. This volume is suitable for use with any contracts casebook.
Examples and Explanations for Contracts
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A favorite classroom prep tool of successful students that is often recommended by professors, the Examples & Explanations (E&E) series provides an alternative perspective to help you understand your casebook and in-class lectures. Each E&E offers hypothetical questions complemented by detailed explanations that allow you to test your knowledge of the topics in your courses and compare your own analysis. Here's why you need an E&E to help you study throughout the semester: Clear explanations of each class topic, in a conversational, funny style. Features hypotheticals similar to those presented in class, with corresponding analysis so you can use them during the semester to test your understanding, and again at exam time to help you review. It offers coverage that works with ALL the major casebooks, and suits any class on a given topic. The Examples & Explanations series has been ranked the most popular study aid among law students because it is equally as helpful from the first day of class through the final exam.
Contracts in a Nutshell
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This Nutshell provides a comprehensive guide to the law of contracts. It contains expert explanations of contract concepts under both the common law and Article 2 of the Uniform Commercial Code. It also includes the basics of the Law of Restitution and an introduction to digital contracting.
Problems in Contract Law
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Buy a new version of this Connected Casebook and receive access to the online e-book, practice questions from your favorite study aids, and an outline tool on CasebookConnect, the all in one learning solution for law school students. CasebookConnect offers you what you need most to be successful in your law school classes - portability, meaningful feedback, and greater efficiency. Problems in Contract Law: Cases and Materials, offers a balance of traditional and contemporary cases that reflect the development and complexity of contract law. Explanatory notes and text place classic and contemporary cases in their larger legal context. Questions and problem exercises bridge theory and practice. Adaptable for instructors with different teaching techniques, this successful book includes various perspectives and contractual settings and offers a highly intelligent, contemporary treatment of contract law. It can easily be used in teaching by traditional case analysis, through problem-based instruction, or using theoretical inquiry. Key Features of the New Edition: Addition of more than 60 review questions with detailed answers that provide the reasoning behind the correct answer and explain why the other choices are incorrect. Inclusion of landmark recent cases offering a variety perspectives from a number of jurisdictions, including California on the parole evidence rule Focus on shortening and clarifying the text and note material CasebookConnect features: ONLINE E-BOOK Law school comes with a lot of reading, so access your enhanced e-book anytime, anywhere to keep up with your coursework. Highlight, take notes in the margins, and search the full text to quickly find coverage of legal topics. PRACTICE QUESTIONS Quiz yourself before class and prep for your exam in the Study Center. Practice questions from Examples & Explanations, Emanuel Law Outlines, Emanuel Law in a Flash flashcards, and other best-selling study aid series help you study for exams while tracking your strengths and weaknesses to help optimize your study time. OUTLINE TOOL Most professors will tell you that starting your outline early is key to being successful in your law school classes. The Outline Tool automatically populates your notes and highlights from the e-book into an editable format to accelerate your outline creation and increase study time later in the semester.
Discovering Agreement
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Imagine a contract that - stimulates and supports rapid return to alignment and productivity in the face of unexpected change - inspires side-by-side problem-solving rather than adversarial confrontation when parties disagree - learns with the business as it navigates the ever-changing, digital-speed, modern marketplace. Discovering Agreement is an innovative approach to generating legally enforceable documents that embed responsive, resilient operating systems into contractual relationships. This practical, easily implemented process empowers parties to build sustainable business relationships, replacing the old-style foundation of distrust and adversarial posturing with one of alignment and affinity - without sacrificing either party's power or credibility. Using the Discovering Agreement model, parties create documents that support and sustain agile, adaptable business relationships aligned with the core vision and values of the parties. This model provides a safer, more stable and trustworthy foundation for framing and conducting business relationships, enabling parties to create stronger, more sustainable and enjoyable ventures that can endure and prosper in the midst of disagreement or crisis. With engaging prose, personal stories, real-life examples, and practical guides for conducting negotiations and drafting agreements, Discovering Agreement empowers readers to generate immediate, positive change in their legal interactions and in how the legal system impacts their business relationships. When put into practice, Discovering Agreement has the added potential of catalyzing long-term, systemic change in the legal system itself.
Stone and Adams' Uniform Commercial Code in a Nutshell, 8th
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This product provides a concise yet comprehensive introduction to the Uniform Commercial Code for students and practitioners alike. It covers each major topic of the Code, including the process of selling, payment, negotiation, shipping, storage, financing sales, and leasing of goods. In addition, the text makes it possible for readers to see how the various articles of the Code may interact in a single transaction. Wherever practicable, the actual language of the Code and its comments has been used. The comprehensive outline, references to relevant authority, and intuitive system of cross-referencing all contribute to its ease of use. This eighth edition contains the 2010 Amendments to Article 9, with an effective date of July 1, 2013.
Uniform Commercial Code
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The book will give students a rigorous introduction to the UCC without burdening them with needless citations. The new edition deals not only with the 1999 revisions to Article 9 but also with the recent revisions to Article 1. Of course, this edition also addresses the earlier revisions to Articles 5, 3 and 4. It has limited coverage of the failed attempt to revise Article 2.
Farnsworth on Contracts
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The practice-based contract resource that covers the full range of contract law, including good faith and fair dealing, pre-contractual liability, agreements to negotiate, Vienna Convention on International Sales Contracts, UNIDROIT principles, constitutional issues, settlement of disputed claims by check, options and rights of first refusal, employee handbooks, covenants not to compete, with analysis of cases, and numerous drafting tips. By E. Allan Farnsworth Bring the expertise of America's foremost authority on contracts into your practice with this comprehensive three-volume set. Farnsworth on Contracts, Third Edition is where doctrine meets practice. Busy practitioners count on Farnsworth's proven ability to identify the essentials and omit extraneous material. His comprehensive coverage of the full range of contract law answers questions in hundreds of important areas, including: Good faith and fair dealing Precontractual liability Agreements to negotiate Vienna Convention on International Sales Contracts UNIDROIT principles Constitututional issues Settlement of disputed claims by check Options and rights of first refusal Employee handbooks Covenants not to compete Self-help measures Farnsworth illustrates how contemporary contract law has been shaped by both the Restatement (Second) of Contracts -- for which he served as Reporter -- and the Uniform Commercial Code. Easy access to specifics, new cases, new drafting tips, new references, and timesaving features like cross-referenced cases and marginal headings make this three-volume set a valuable resource for contracts research and practice, including litigation and arbitration. Farnsworth on Contracts, Third Edition is the most authoritative contracts treatise available.
Sales and Leases of Goods in a Nutshell
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Expert authors present a primer on the law of sales and leases under Articles 2 and 2A of the UCC. This text also focuses on related subjects governed by Articles 5 and 7 of the UCC (letters of credit and documents of title). Introduces the formation of the contract and examines the statute of frauds, parol evidence, and modification. Covers terms of the contract, as well as performance; third-party title and rights; risk of loss; warranty obligations; repudiation, breach, and excuse; and remedies.
Hawkland's Uniform Commercial Code Series
This series provides the official code text, official comments, variations enacted by the states. It includes section-by-section analysis and commentary, other related legislation, and case references. It is organized by the Uniform Commercial Code (UCC) numbers for quick access and contains a concordance with more than 7,000 entries by words, phrases, and UCC section numbers. In addition, the authors are increasing the scope of the set in response to the relationship between other laws and the UCC. Included, for example, are analyses of the Uniform Computer Information Transaction Act, the Uniform Electronic Transactions Act, Model Tribal Secured Transactions Act, and Non-UCC Payment methods and systems, such as electronic fund transfers, wholesale fund transfers, credit card payments and stored-value devices. Also covered are International Commercial Conventions within the scope of the Uniform Commercial Code. Permanent Editorial Board Commentaries and selected state surveys are included in the Appendices at the end of the set.
Williston on Contracts 4th
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Williston on Contracts 4th provides comprehensive coverage and analysis of all aspects of contract law, including historical underpinnings, majority and minority views, and modern trends.
Negotiable Instruments under the Uniform Commercial Code
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Negotiable Instruments Under the Uniform Commercial Code provides in-depth analysis of both the Pre-Revision and the Revised Versions of Article 3 of the Uniform Commercial Code and the caselaw interpreting this Article. Discussion of UCC Article 4 (Bank Deposits and Collections), which govern the relationship between payor banks and their customers, and UCC Article 4A (Funds Transfers) is also included.Extensive and thorough analysis of the existing caselaw interpreting Articles 3, 4 and 4A. Coverage of electronic funds transfers including treatment of Article 4A and the Federal Electronic Fund Transfer Act.Access to a broad range of research tools and primary law sources including reprints of Articles 3, 4 and 4A and of the Federal Electronic Funds Transfers Act. Analysis of the Expedited Funds Availability Act with reprints of this Act along with Regulation CC implementing this Act. Table of State Variations that identify each state's variations from the Official Text of Articles 3, 4 and 4A.
Corbin on Contracts
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Hailed as "the greatest law book ever written," this venerable resource is one of the most cited and influential legal treatises ever published. Providing an exhaustive analysis of all the rules of contract law, including all exceptions and variations, Corbin on Contracts can help you prevent disputes and keep your clients out of court. Cited in the opinions of federal and state courts literally thousands of times, this exhaustive exposition of all the rules of contract law has for more than half a century helped lawyers understand what the rules mean and how they can be used in daily practice.
Business Associations
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Receive complimentary lifetime digital access to the eBook with new print purchase. This statutory supplement includes statutes and rules relevant to all business entities. It is suitable for use with all textbooks and casebooks for such courses. It includes all updates to the statutes and rules.
Principles of Business Organizations
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The study of business organizations is, broadly speaking, a study of how people engage in business and, more importantly, how the law facilitates and regulates the operation of such businesses. Written in a clear and informative style, and chock full of examples and illustrations, this book examines the legal rules and doctrines associated with running a business--from formation to dissolution to everything in between. These rules and doctrines are explored within the context of the various organizational forms in which a business may be operated. Thus, reading this book will provide you with a solid grounding in the law of agency, general partnerships, corporations, limited partnerships, limited liability partnerships, and limited liability companies.
The Law of Corporations in a Nutshell
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Completely revised and updated, conversational in tone, the book features hypotheticals to illustrate key concepts. Comprehensive yet concise, it addresses the theory of the firm as well as the nuts-and-bolts of corporate law, including separate consideration of specialized issues raised by closely-held and public corporations. With updated discussion of Sarbanes-Oxley, Rule 10b-5, and Section 16(b), it gives broad background. Financial concepts are explained with helpful examples, so that even sociology majors need not fear them.
Business Organizations Law
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Clear, succinct, descriptions of the reasoning and policy issues underlying corporate law that is accessible to law students with no business or economic background. The 2016 edition is thoroughly updated to include recent U.S. Supreme Court, Delaware and other leading decisions and regulatory developments that impact the fiduciary obligations and duties in corporate transactions, governance, and management of corporations and LLCs, as well as benefit corporations, including rules implementing important provisions of the Dodd-Frank Act of 2010 and the Jobs Act of 2012 that have changed, the landscape of securities fraud suits in the federal courts, new discussions of unincorporated forms of business, insightful explanations of such news-making issues as corporate governance and director liabilities, and coverage of LLCs and LLPs.
Corporate Law
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Many students find their Corporation Law class difficult because they do not understand the transactions giving rise to those cases. As with its predecessors, this third edition is intended to assist students by not only restating the law but also by putting the law into its business and financial context. The pedagogy is up-to-date, with a strong emphasis on the doctrinal issues taught in today's Corporations classes. The text is highly readable: The style is simple, direct, and reader-friendly. Even when dealing with complicated economic or financial issues, the text seeks to make those issues readily accessible. This new edition brings the material up-to-date with complete coverage of developments in both state corporate law and federal securities law.
Corporations Law
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This book clarifies rather than simply recites corporations law, while paying attention to correcting common misconceptions held among students about the subject. This book is also appropriate for courts and commentators seeking the appropriate resolution of issues of corporations law. Citations in this book are kept to a minimum and written in a user-friendly style. The second edition incorporates the major developments in corporate law in the decade since the first edition was published.
Corporations
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Get fast, authoritative answers to today's hottest business law questions with Corporations, Second Edition. Find out the best ways to: - Interpret the business judgment rule, especially its demands on directors, burden of proof, and allocation of responsibility between shareholders and managers - Apply financial provisions of corporate statutes, such as those dealing with payment of dividends and issuing of shares - Fulfill directors' fiduciary duties, with attention to concepts of care and loyalty, relationship to shareholders, and regulation of proxy voting. The expert authors provide comprehensive, practical coverage of: - Statutory and judicial corporate law in its contemporary commercial context - The Revised Model Business Corporation Act and its variations in 20 states - Corporate law in Delaware, New York, California and other non-Model Act states - IRS safe harbors and check the box rules - Federal securities law as it affects business activity - And much more
Fletcher Cyclopedia of the Law of Corporations
Regarded by attorneys and judges as the leading authoritative source of guidance in all matters of corporate law for a century, Fletcher Cyclopedia of the Law of Corporations provides comprehensive coverage of state and federal corporate law, analyzes the entire range of legal issues facing a corporation during its life cycle, and includes thousands of references to relevant federal and state cases and statutes.
The Law of Tax-Exempt Organizations
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The authoritative reference for nonprofit law, by leading expert Bruce R. Hopkins The Law of Tax-Exempt Organizations 11th edition details the complex set of statutes, regulations that govern this diverse category of organizations, IRS rulings, and court opinions. This new edition includes the most up-to-date coverage of subjects such as: nonprofit governance, and new rules for donor advised funds and supporting organizations, updates on unrelated business activities. Discussion of subjects such as the private inurement doctrine and private benefit doctrine have been expanded in light of recent IRS ruling activity. Written in plain English and supplemented annually, this book helps the lawyers and managers of tax-exempt organizations stay up to date on relevant law developments so they can make more informed decisions about their organization's actions and future direction. This eleventh edition is an important revision, with significant updates and vital information you need to know. Get up to date on the latest regulations and court opinions See how recent IRS rulings impact many aspects of tax-exempt organizations law Learn how the health care shift has generated new guidelines Read new law concerning legislative and political activities, intermediate sanctions, and more Written by one of the country's leading authorities on the law surrounding tax-exempt organizations, this comprehensive and authoritative reference allows you to learn the particulars of the subject matter or get a quick refresher regarding specific rules of interest. For newcomers and experienced practitioners alike, The Law of Tax-Exempt Organizations 11th edition provides a single-volume resource for the latest, most up-to-date information aspects of the law.
Tax Planning and Compliance for Tax-Exempt Organizations
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An essential, timesaving guide for accountants, lawyers, nonprofit executives and directors, consultants, and volunteers This book is an indispensable guide to navigating the complex maze of nonprofit tax rules and regulations. A clear and fully cited description of the requirements for the various categories of tax-exempt entities from public charities, private foundations, civic associations, business leagues, and social clubs to title-holding companies and governmental entities can be found. Practical guidance on potential for income tax on revenue-producing enterprises along with explanations of many exceptions to taxability is provided. Issues raised by Internet activity, advertising, publishing, providing services, and much more are explained. This useful guide covers the many significant issues facing nonprofit organizations, including compensation and possible private inurement, affiliation, separations and mergers, donor disclosures, lobbying and electioneering, and employment taxes. Offers a supplemental, annual update to keep subscribers current on relevant changes in IRS forms, requirements, and related tax procedures Includes easy-to-use checklists highlighting such critical concerns as tax-exempt eligibility, reporting to the IRS, and comprehensive tax compliance issues Features a variety of sample documents for private foundations, including penalty abatement requests and sharing space agreements Provides helpful practice aids, such as a comparison of the differences between public and private charities, charts reflecting lobbying limits for different types of entities, and listings of rulings and cases that illustrate permissible activity for each type of organizations compared to impermissible activity Filled with practical tips and suggestions for handling such critical situations as preparing for and surviving an IRS examination, Tax Planning and Compliance for Tax-Exempt Organizations, Fifth Edition provides guidance for the significant issues facing nonprofit organizations.
Understanding Nonprofit and Tax Exempt Organizations
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The Law of Tax-Exempt Organizations
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Taylor's Tax-Exempt Organizations in a Nutshell provides a valuable introduction and foundation for those students taking classes that deal with the law of nonprofit organizations and the tax treatment of them. Special treatment is provided on charitable giving, fundraising, unrelated business income, and private foundations. Because of its focus on the law, this is a valuable introduction for nonprofit professionals who need a concise overview of the legal problems that nonprofit organizations routinely face.
Not for Profit Corporations in Florida
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Understanding Criminal Law
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This comprehensive and clearly written Understanding treatise is frequently cited by scholars and courts in their analysis of substantive criminal law, and has been a popular source of assistance to criminal law students for the past quarter century. Understanding Criminal Law is designed to be taught in conjunction with any casebook. The topics covered are those most often raised in criminal law casebooks, and coverage of these subjects is meant to complement professors' classroom discussions. The text focuses on the basic elements of, and defenses to, all crimes; provides in-depth coverage of such crimes as homicide, rape, and theft; and covers other important topics covered in the Criminal Law course, such as accomplice and inchoate liability. Understanding Criminal Law also covers theories of punishment, sources of the criminal law, and overarching principles such as legality and proportionality. The common law is emphasized with extensive comparisons to the Model Penal Code and modern statutes. This edition offers the most significant updating ever, including coverage of quickly-changing legal areas, such as sexual assault and self-defense law. Recent and ongoing revisions to the Model Penal Code are also covered.
Criminal Law
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Major emphasis is placed on the basic premises of criminal law, including its sources and general limitations. This Hornbook provides detailed discussion on the topics of responsibility, justification and excuse, inchoate crimes, accomplice, and liability. Attention is also given to subjects such as causation, insanity, and conspiracy.
Principles of Criminal Law
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Expertly written to provide comprehensive coverage of the most crucial issues in a course, the Concise Hornbook Series features concise analyses by prominent scholars of basic areas of the law. The Series focuses on core principles and concepts fundamental to understanding the subject matter. LaFave's Principles of Criminal Law provides detailed discussion on the topics of responsibility, justification and excuse, inchoate crimes and accomplice liability. The book also gives attention to subjects such as causation, insanity and conspiracy.
Understanding Criminal Law
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Mastering Criminal Law
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Mastering Criminal Law explores the basic principles useful in the study of criminal law, offering real world examples to understand these concepts. It provides a clear and concise consideration of the fundamental structure of a crime including statutory interpretation and sentencing. It has chapters on the typical crimes covered in most criminal law casebooks, namely, homicide, rape, assault and battery, and theft. Additionally, it covers accomplice liability, solicitation, attempt and conspiracy. It also covers defenses, including the right to present a defense. It distinguishes different approaches such as the Common Law and Model Penal Code and provides examples of different state statutes.
This book is part of the Carolina Academic Press Mastering Series edited by Russell L. Weaver, University of Louisville School of Law.
Orfield's Criminal Procedure under the Federal Rules 2d
The ORFIELD'S CRIMINAL PROCEDURE UNDER THE FEDERAL RULES database provides extensive examination of a wide range of procedural areas. It includes the history of federal criminal procedure since 1789, the scope of the rules, preliminary proceedings, indictment and information, arraignment and preparation for trial, appeal, and special proceedings. In addition, in-depth discussion of each rule includes practical applications of the law in federal courts and related criminal proceedings and provides thousands of court decisions with insight into the interpretations of the rules.
Cybersecurity for the Home and Office
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This title helps individuals take control of their cybersecurity. Every day in the news, we see cybercrime -- a multi-billion-dollar-a-year criminal industry whose actors have little fear of law enforcement. Incidents of cybercrime and cybercrime-related identity theft continue to grow exponentially. As a result, governments, regulators, and professional bodies increasingly require that lawyers and other professionals take reasonable cybersecurity measures. Beyond protecting workplaces from cybertheft or intrusion, there's also a need to protect ourselves and our families from these threats. Cybersecurity for the Home and Office: The Lawyer's Guide to Taking Charge of Your Own Information Security will make it easier to understand cyber risks so a decision can be made as to where to set the "cybersecurity dial" in home and office.
Guide to Cybersecurity Due Diligence in M&A Transactions
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"In the digital era, ubiquitous connectivity has spared no enterprise the risks of being hacked from anywhere in the world. The reality of this threat, coupled with the near total dependence of today's businesses on networked digital technology, presents a major risk of catastrophic consequences to most businesses. And acquiring or merging with any business involves taking on that risk. Thus, in any M&A transaction, an evaluation of the target's cybersecurity capabilities and experience is critical. [This book] is designed to assist companies and their counsel in assessing that risk. Detailed and easy-to-read, this comprehensive guide includes discussions on recent cyber incidents, including Nieman Marcus, Yahoo, Target Corporation, Sony Pictures, and Volkswagen."-- Provided by publisher.
The ABA Cybersecurity Handbook
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Punish Seduce or Persuade
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Many kinds of interventions have been designed and implemented to combat digital copyright infringement, a type of cyber-deviance that is also known as 'digital piracy'. However, it is not clear whether such measures are indeed effective in reducing this type of deviance. This research sets out out to examine the functioning of these interventions from an empirical perspective. The persistence of digital copyright infringement presents various challenges to governments, the creative industries and other stakeholders that attempt to curtail digital piracy. The author combines both traditional and innovative research methods in order to establish whether and to what extent these interventions are able to curtail digital piracy. This book is of interest to organisations and individuals that are in charge of developing copyright laws and policy or the enforcement thereof. The focus on the evaluation of digital policy also makes the book relevant to evaluators, criminologists and those interested in digital behaviour and digital policy. Revised Dissertation. [Subject: Criminology, Digital Crime]~
Intellectual Privacy : rethinking civil liberties in the digital age
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Most people believe that the right to privacy is inherently at odds with the right to free speech. Courts all over the world have struggled with how to reconcile the problems of media gossip with our commitment to free and open public debate for over a century. The rise of the Internet hasmade this problem more urgent. We live in an age of corporate and government surveillance of our lives. And our free speech culture has created an anything-goes environment on the web, where offensive and hurtful speech about others is rife. How should we think about the problems of privacy and free speech? In Intellectual Privacy, Neil Richards offers a different solution, one that ensures that our ideas and values keep pace with our technologies. Because of the importance of free speech to free and open societies, he argues that whenprivacy and free speech truly conflict, free speech should almost always win. Only when disclosures of truly horrible information are made (such as sex tapes) should privacy be able to trump our commitment to free expression. But in sharp contrast to conventional wisdom, Richards argues that speechand privacy are only rarely in conflict. America's obsession with celebrity culture has blinded us to more important aspects of how privacy and speech fit together. Celebrity gossip might be a price we pay for a free press, but the privacy of ordinary people need not be. True invasions of privacylike peeping toms or electronic surveillance will rarely merit protection as free speech. And critically, Richards shows how most of the law we enact to protect online privacy pose no serious burden to public debate, and how protecting the privacy of our data is not censorship.More fundamentally, Richards shows how privacy and free speech are often essential to each other. He explains the importance of "intellectual privacy", protection from surveillance or interference when we are engaged in the processes of generating ideas - thinking, reading, and speaking withconfidantes before our ideas are ready for public consumption. In our digital age, in which we increasingly communicate, read, and think with the help of technologies that track us, increased protection for intellectual privacy has become an imperative. What we must do, then, is to worry less aboutbarring tabloid gossip, and worry much more about corporate and government surveillance into the minds, conversations, reading habits, and political beliefs of ordinary people. A timely and provocative book on a subject that affects us all, Intellectual Privacy will radically reshape the debate about privacy and free speech in our digital age.
Public Health Law in a Nutshell
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Public Health Law in a Nutshell, 3rd Edition (2018) provides a fascinating and informative assessment of the critical role of law in American society to protect the community's health. Understanding the field of public health law encompasses its constitutional sources and limits as well as historic and modern attempts to regulate in the interests of public health and safety. This Nutshell explains and addresses these issues within a modern framework supporting the role of law toward improved health outcomes. Updated to reflect key developments through mid-2017, the Nutshell's 11 chapters and 130+ graphics, illustrations, and figures lay out definitive legal issues underlying core public health powers to prevent and control communicable and chronic conditions, as well as injuries and related deaths. It also explores legal routes to counter other public health threats, including tobacco and alcohol use, guns, vehicles, and defective products. Additional chapters center on difficult trade-offs related to public health information surveillance and privacy, commercial speech regulation, zoning and the built environment, and emergency legal preparedness. This Nutshell is a "must have" text for legal or public health practitioners in the field, law- and policy-makers seeking to protect the public's health, and graduate students in schools of law, public health, or medicine, as well as undergraduates, assessing these issues as part of their coursework or research interests.
Marijuana Law in a Nutshell
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Concise yet comprehensive text that provides an overview of marijuana law. It discusses important issues pertaining to public policy, legal history, constitutional law, criminal law, and jurisprudence, as well as practical legal issues that concern both marijuana-related businesses and individuals, in areas such as banking, employment, tax, bankruptcy, and child custody. The text provides in-depth coverage of federal laws governing marijuana, along with an overview of international, state, and local laws relating to marijuana regulation. It also provides an overview of arguments for and against medical and/or recreational legalization, as well as an analysis of how marijuana compares to other potentially harmful substances, both legal and illegal.
Infectious Disease
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Infectious Disease Policy Law, and Regulation looks at litigation regarding infection-related illnesses and their compensation. The claim arises from an individual victim who attempts to prove that the cause of their specific infection was the negligent act of an entity that is a vector of their type of illness, such as a hospital, surgeon, restaurant or retail marketplace."
Controlled Substances
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Drug offenders are a ubiquitous part of our criminal justice system. Approximately 1.5 million Americans were arrested for a drug offense in 2011, more than for any other single category of crime. Drug convictions have fueled an explosion in our prison population with drug offenders constituting nearly one quarter of our prison population. Indeed, with the number of Americans incarcerated for a drug offense today larger than the entire United States prison and jail population in 1980, it would not be an exaggeration to say that the single most important development within the field of criminal law over the past four decades has been the war on drugs. Controlled Substances: Crime, Regulation, and Policy provides a comprehensive overview of the many fascinating issues of law and policy related the criminalization and regulation of illegal drugs. The book begins with materials on the debate about prohibition and its alternatives, with a particular focus on the modern "war on drugs" model of prohibition. After establishing this foundation, the book turns its attention to the drug laws themselves, taking an in-depth look at controlled substances offenses, drug sentencing, and the investigation of drug crimes. The book then considers the body of administrative law that governs the classification of controlled substances and the use and distribution of controlled substance for medical purposes. Finally, the book concludes with an overview of international and comparative issues in drug law.
Global Pharmaceutical Policy
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Pharmaceuticals play a central role in health care throughout the world. The pharmaceutical industry is beset with difficulties as increasing research and development expenditure yields fewer new treatments. Public and private budgets strain under the weight of high prices and limited access. The world's poor see little effort to address diseases prevalent in less affluent societies, while the world's wealthy are overusing prescription drugs, risking their health and wasting resources.The debate over health care reform and the ongoing global economic crisis form the backdrop for this extraordinarily timely examination of the global system for the development, production, distribution and use of medicines. The authors are acknowledged experts in the fields of pharmaceutical law and policy, with many years experience advising governments, multilateral organizations and policy-makers on issues involving innovation, access and use of medicines. Supported by a team of independent scientists, doctors and lawyers, they take an insightful look at the issues surrounding global regulation of the pharmaceutical sector, and offer pragmatic suggestions for reform.This book will be of interest to government policy-makers, members of industry, healthcare professionals, teachers, students and lawyers in the fields of public health, intellectual property and international trade.
Criminal Procedure
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A favorite among successful students, and often recommended by professors, the unique Examples & Explanations series gives you extremely clear introductions to concepts followed by realistic examples that mirror those presented in the classroom throughout the semester. Use at the beginning and midway through the semester to deepen your understanding through clear explanations, corresponding hypothetical fact patterns, and analysis. Then use to study for finals by reviewing the hypotheticals as well as the structure and reasoning behind the accompanying analysis. Designed to complement your casebook, the trusted Examples & Explanations titles get right to the point in a conversational, often humorous style that helps you learn the material each step of the way and prepare for the exam at the end of the course. The unique, time-tested Examples & Explanations series is invaluable to teach yourself the subject from the first day of class until your last review before the final. Each guide: helps you learn new material by working through chapters that explain each topic in simple language challenges your understanding with hypotheticals similar to those presented in class provides valuable opportunity to study for the final by reviewing the hypotheticals as well as the structure and reasoning behind the corresponding analysis quickly gets to the point in conversational style laced with humor remains a favorite among law school students is often recommended by professors who encourage the use of study guides works with ALL the major casebooks, suits any class on a given topic provides an alternative perspective to help you understand your casebook and in-class lectures
The Fourth Amendment
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This treatise is an accessible and authoritative resource for scholars, judges, practitioners, and others on the Fourth Amendment. It comprehensively treats Supreme Court case law and offers a structural approach to the Fourth Amendment, addressing foundational questions: What is a search? What is a seizure? What does the Amendment protect? When is it satisfied? When does the exclusionary rule apply? The treatise offers ready access to current doctrine. The historical events and the development of search and seizure principles over time provide perspective. Fourth Amendment jurisprudence is in constant change and this second edition incorporates all Supreme Court developments since the first edition, including important cases on the definition of a ''search,'' searches of vehicles, exigent circumstances, dog searches, and the exclusionary rule. It also adds hundreds of lower court cases.
The second edition includes a new introductory section on digital evidence in Chapter 1, highlighting the increasing importance of such evidence, and has additional treatment of digital evidence throughout. Although the structure of the first edition has been retained, every section of the new edition has new material and many of sections have been substantially revised.
The Supreme Court and the Fourth Amendment's Exclusionary Rule
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The application of the Fourth Amendment's Exclusionary Rule has divided the Justices of the Supreme Court for nearly a century. As the legal remedy for when police violate the Fourth Amendment rights of a person and discover criminal evidence through illegal search and seizure, it is the mostfrequently litigated constitutional issue in United States courts. Tracey Maclin's The Supreme Court and the Fourth Amendment's Exclusionary Rule traces the rise and fall of the exclusionary rule using insight and behind-the-scenes access into the Court's thinking.Based on original archival research into the private papers of retired Justices, Professor Maclin's analysis clarifies the motivations and thoughts that explain the Court's exclusionary rule jurisprudence. He includes a comprehensive scholarly and objective discussion of the reasoning behind theCourt decisions, and demonstrates that like other constitutional doctrines, the exclusionary rule is a political mechanism that expands and contracts as the times and Justices change. Ultimately, this book will help readers understand how constitutional law is constructed by judges with diversepolitical perspectives.
More Essential Than Ever
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When the states ratified the Bill of Rights in the eighteenth century, the Fourth Amendment seemed straightforward. It requires that government respect the right of citizens to be "secure in their persons, houses, papers, and effects, against unreasonable searches and seizures." Of course,"papers and effects" are now digital and thus more vulnerable to government spying. But the biggest threat may be our own weakening resolve to preserve our privacy. In this potent new volume in Oxford's Inalienable Rights series, legal expert Stephen J. Schulhofer argues that the Fourth Amendment remains, as the title says, more essential than ever. From data-mining to airport body scans, drug testing and aggressive police patrolling on the streets, privacy isunder assault as never before - and we're simply getting used to it. But the trend is threatening the pillars of democracy itself, Schulhofer maintains. "Government surveillance may not worry the average citizen who reads best-selling books, practices a widely accepted religion, and adheres tomiddle-of-the-road political views," he writes. But surveillance weighs on minorities, dissenters, and unorthodox thinkers, "chilling their freedom to read what they choose, to say what they think, and to associate with others who are like-minded." All of us are affected, he adds. "When unrestrictedsearch and surveillance powers chill speech and religion, inhibit gossip and dampen creativity, they undermine politics and impoverish social life for everyone." Schulhofer offers a rich account of the history and nuances of Fourth Amendment protections, as he examines such issues as street stops, racial profiling, electronic surveillance, data aggregation, and the demands of national security. The Fourth Amendment, he reminds us, explicitly authorizesinvasions of privacy - but it requires justification and accountability, requirements that reconcile public safety with liberty. Combining a detailed knowledge of specific cases with a deep grasp of Constitutional law, More Essential than Ever offers a sophisticated and thoughtful perspective on this important debate.
The Fourth Amendment - Searches and Seizures
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This thorough and timely anthology on the nbsp;Fourth Amendmentnbsp;provides an overview of the most important aspects of this crucial amendment'snbsp;doctrine and scholarly criticisms of the Supreme Court's jurisprudence relating to the amendment. Dividing the work into three parts, the author begins by providing historical background and a summation of the debate over the meaning of Fourth Amendment. In the next section, the work focuses on the doctrinal underpinnings of the Fourth Amendment, providing both description and critique of the U.S. Supreme Court's current search and seizure jurisprudence. It examines problems with the Court's definition of a "search" and "seizure" and the thorny subject of racial and ethnic profiling, among other topics. The concluding section examines the future of the Fourth Amendment in light of new and emerging technologies and the war on terror. This user-friendly, well-organized anthology will be of great value to students and scholars of the law, and anyone with an interest in the balance between individual rights and governmental power.
Search & Seizure: A Treatise on the Fourth Amendment
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During the last thirty-four Terms of the Supreme Court, the Court decided 205 cases involving issues within the compass of this Treatise. Many of those decisions have brought about very significant developments. Illustrative of those decided since publication of the fourth edition .
The Future of Law and Economics
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In a concise, compelling argument, one of the founders and most influential advocates of the law and economics movement divides the subject into two separate areas, which he identifies with Jeremy Bentham and John Stuart Mill. The first, Benthamite, strain, "economic analysis of law," examines the legal system in the light of economic theory and shows how economics might render law more effective. The second strain, law and economics, gives equal status to law, and explores how the more realistic, less theoretical discipline of law can lead to improvements in economic theory. It is the latter approach that Judge Calabresi advocates, in a series of eloquent, thoughtful essays that will appeal to students and scholars alike.
Comparative Law and Economics
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Contemporary law and economics has greatly expanded its scope of inquiry as well as its sphere of influence. By focusing specifically on a comparative approach, this Handbook offers new insights for developing current law and economics research. It also provides stimuli for further research, exploring the idea that the comparative method offers a valuable way to enrich law and economics scholarship. With contributions from leading scholars from around the world, the Handbook sets the context by examining the past, present and future of comparative law and economics before addressing this approach to specific issues within the fields of intellectual property, competition, contracts, torts, judicial behaviour, tax, property law, energy markets, regulation and environmental agreements. This topical Handbook will be of great interest and value to scholars and postgraduate students of law and economics, looking for new directions in their research. It will also be a useful reference to policymakers and those working at an institutional level.
Definition of the Relevant Market
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Market definition plays a critical role in EC competition law, as the first step of any investigation into the nature of competition in a given industry. While not an end in itself, the definition of the relevant market serves to identify those products and areas which effectively restrain the behavior of the firms of interest, so that those firms could not act independently within the market. However, the main challenge in this process is to outline which products should be included in the market, and which should be left outside its bounds. Whereas traditional market definitions highlighted product characteristics, functionality, and intended use as key provisions, modern competition law inquiries attempt to reformulate the market delineation exercise in more economic terms. This book strives for a greater harmony between law and economics in defining antitrust markets. To that end, it brings together a wide array of quantitative tests routinely utilized by European competition authorities, such as price correlation analysis or the analysis of trade flows, with more sophisticated quantitative measures, such as merger simulation models or critical loss analysis. Taken all together, the book proffers a comprehensive and protracted account of economic and empirical methods dominating the antitrust discourse to date, which carry the potential to revolutionize the quality of antitrust enforcement, its transparency, predictability, and the accuracy of its results. (Series: European Studies in Law and Economics - Vol. 9) [Subject: European Law, Competition Law, Law and Economics]
The Black Box Society
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Every day, corporations are connecting the dots about our personal behaviorâe"silently scrutinizing clues left behind by our work habits and Internet use. The data compiled and portraits created are incredibly detailed, to the point of being invasive. But who connects the dots about what firms are doing with this information? The Black Box Society argues that we all need to be able to do soâe"and to set limits on how big data affects our lives. Hidden algorithms can make (or ruin) reputations, decide the destiny of entrepreneurs, or even devastate an entire economy. Shrouded in secrecy and complexity, decisions at major Silicon Valley and Wall Street firms were long assumed to be neutral and technical. But leaks, whistleblowers, and legal disputes have shed new light on automated judgment. Self-serving and reckless behavior is surprisingly common, and easy to hide in code protected by legal and real secrecy. Even after billions of dollars of fines have been levied, underfunded regulators may have only scratched the surface of this troubling behavior. Frank Pasquale exposes how powerful interests abuse secrecy for profit and explains ways to rein them in. Demanding transparency is only the first step. An intelligible society would assure that key decisions of its most important firms are fair, nondiscriminatory, and open to criticism. Silicon Valley and Wall Street need to accept as much accountability as they impose on others.
Economic Analysis of Law
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Lucid, comprehensive, and definitive in its field, this text covers every aspect of economic analysis of the law. Features: Two new chapters, one on intellectual property, one on international and comparative law, both exploding fields of great importance. Earlier editions' questions have been converted to answers, making the book more accessible and informative. Revised to be clearer and less technical. More eclectic, reflecting recent criticisms of "rational choice" theory, in particular the need to supplement it with insights from psychology. Greater attention paid to judicial behavior, realistically modeled and explained in economic terms. Incorporates insights from the veritable explosion of books and articles published in the last few years on economic analysis of law. Comprehensive Teacher's Manual.
Constitutional Money
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This book reviews nine Supreme Court cases and decisions that dealt with monetary laws and gives a summary history of monetary events and policies as they were affected by the Court's decisions. Several cases and decisions had notable consequences on the monetary history of the United States, some of which were blatant misjudgments stimulated by political pressures. The cases included in this book begin with McCulloch v. Maryland in 1819 and end with the Gold Clause Cases in 1934-35. Constitutional Money examines three institutions that were prominent in these decisions: the Supreme Court, the gold standard, and the Federal Reserve System. The final chapter describes the adjustments necessary to return to a gold standard and briefly examines the constitutional alternatives.
The Language of Law and Economics: A dictionary
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From a historical perspective, 'law and economics' was one of the most influential developments in legal scholarship in the twentieth century; it remains today one of the dominant perspectives on the law, generating a tremendous quantity of new research and discussion. Unfortunately, the rewards of applying the analytical methods of one highly technical field to the historically layered substance of another has resulted in considerable overhead, requiring fluency in both the language of economics and the language of the law. Further complicating matters, law and economics has sometimes developed independently, creating new terms, while recasting others from their original economic or legal meanings. In this dictionary of law and economics, Francesco Parisi provides a comprehensive and concise guide to the language and key concepts underlying this fecund interdisciplinary tradition. The first reference work of its kind, it will prove to be an invaluable resource for professionals, students and scholars.
Economic Analysis of Law
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Lucid, comprehensive, and definitive in its field, this text covers every aspect of economic analysis of the law. Features: Two new chapters, one on intellectual property, one on international and comparative law, both exploding fields of great importance. Earlier editions' questions have been converted to answers, making the book more accessible and informative. Revised to be clearer and less technical. More eclectic, reflecting recent criticisms of "rational choice" theory, in particular the need to supplement it with insights from psychology. Greater attention paid to judicial behavior, realistically modeled and explained in economic terms. Incorporates insights from the veritable explosion of books and articles published in the last few years on economic analysis of law.
Economic Efficiency in Law and Economics
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'Economic Efficiency in Law and Economics is an interesting and worthwhile book.' - Megan Richardson, Economic Record 'Zerbe's new book is high-powered and potentially important.' - Bill Goodman, Monthly Labor Review In this path-breaking book, Richard Zerbe introduces a new way to think about the concept of economic efficiency that is both consistent with its historical derivation and more useful than concepts currently used. He establishes an expanded version of Kaldor-Hicks efficiency as an axiomatic system that both answers critics of efficiency and allows an expanded range for efficiency analysis. In doing this he shows that most proponents and critics of the application of economic efficiency in normative analysis have made important mistakes. He applies the new analysis to a number of hard and fascinating cases, including the economics of duelling, cannibalism and rape. He develops a new theory of common law efficiency and indicates the circumstances under which the common law will be inefficient.
The Economic Approach to Law
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In recent decades, the economic approach to law has developed into a mainstream field of study for both legal scholars and economists. This book provides a textbook treatment of the subject, primarily directed toward undergraduate economics students. It presumes a basic familiarity with economic principles, but little knowledge of the law. An effort is made to show both how economic principles can explain the actual structure of the law, and how they can help to make the law more efficient. The book emphasizes unifying themes and methodologies rather than an exhaustive coverage of legal topics. To that end, the scope of analysis is limited to the basic common law areas of torts, contracts, and property, as well as the legal process and criminal law. The hope is that after reading the book, students can apply the basic principles to other areas of law.
Law and Economics
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With the Fifth Edition of their best-selling text, Cooter and Ulen provide a clear introduction to economic analysis and its application to legal rules and institutions.
Law and Economics in a Nutshell
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This guide provides expert coverage of the classic issues, including basic price theory; definitions of efficiency; the Coase Theorem; and the economics of contract law, tort law, criminal law, regulation, antitrust, and intellectual property. The text also discusses less conventional topics such as public choice, what it means to be a rational maximizer of self-interest, the assumptions underlying economic analysis as applied to law, limitations on the application of economic theory to law, the theory of second best, the prisoner s dilemma, the economics of marriage, the economics of inheritance, evolutionary theories of law, the economics of settlement, and the implications of recent research into happiness.
The Law of Schools, Students and Teachers in a Nutshell
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This text captures the key points of the precedents governing student rights and responsibilities relating to attendance, speech, expression, religion, discipline, grades, tests, drugs, search and seizure, the emerging law of social media, i.e., cyberbullying, and the range of procedural due process interests. The book further addresses the range of constitutional rights and protections for teachers as well as employment terms and conditions, including contracts, tenure and potential liabilities.
Education Law
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Education law has become an important area of study for prospective school administrators. Virtually every graduate education program in the United States includes at least one course in education law before students are qualified to be certified or licensed as principals. Some areas have become so prominent in school litigation that graduate schools have offered specialty courses in addition to the basic school law course. Among these are law courses dealing with special education, employment, and sports.
Entertainment Law in a Nutshell
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This compact reference gives a big picture overview of the intellectual property, contract, publicity, estate planning, and First Amendment issues that contribute to the field of entertainment law. Professor Burr also addresses specific legal issues that arise in the film, music, and television industries, including discussion of the rise of "reality" television. This Nutshell is ideal as a secondary text to accompany any entertainment law casebook, as the primary text for a seminar, or as background information for someone requiring an overview. Winner! Best Business Book - 2017 New Mexico/Arizona Book Awards
Sports Law in a Nutshell
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This book contains the elements of sports law explained in an organized, coherent manner. It simplifies the complex world of sports law and provides a road map to all of its intricacies from contracts, torts, antitrust, liabilities, constitutional implications, labor law, taxes. The Fifth edition continues to update the material with a focus on important recent legal developments, such as O'Bannon v. NCAA, the Northwestern University Football union petition, Jenkins v. NCAA, NFL concussion litigation, and the FIFA corruption case.
Entertainment Law and Practice
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This casebook provides a comprehensive survey of the primary entertainment law practice areas, including motion pictures, music, social media, television, and cultural arts. It addresses both the practical aspects of entertainment and the fundamental underpinnings of entertainment law. Built on a solid theoretical basis for each topic, the materials integrate problems and examples of the cutting edge issues transforming entertainment and technology law practice.
This casebook is uniquely balanced to address and integrate the need to teach the practitioner's issues with the jurisprudential framework necessary to make the course appropriate to the law school curriculum.
Intellectual Property Law in the Sports and Entertainment Industries
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In this detailed yet readable legal analysis, the authors thoroughly evaluate the connections between intellectual property and the sports and entertainment industries, covering everything from copyrights and patents to trademarked logos and marketing strategies. * Provides a complete survey of intellectual property law in the sports and entertainment industries including copyright, patents, trademarks, trade dress, trade secrets, and the right of publicity * Fills a growing need for information about entertainment-specific intellectual property law as entertainment programs at the universities and law schools are increasing at both the undergraduate and graduate levels * Addresses the specific challenges and issues brought about by various forms of digital technology
Entertainment Law: Legal Concepts & Business Practices
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Environmental Law Practice
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Compliance and Enforcement of Environmental Law
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The Elgar Encyclopedia of Environmental Law is a landmark reference work, providing definitive and comprehensive coverage of this dynamic field. Each volume probes the key elements of law, the essential concepts, and the latest research through concise, structured entries written by international experts. Each entry includes an extensive bibliography as a starting point for further reading. The mix of authoritative commentary and insightful discussion will make this an essential tool for research and teaching, as well as a valuable resource for professionals and policymakers.Countries throughout the world have adopted increasingly comprehensive environmental laws over recent years. Even so, immense challenges remain to achieve desired sustainability outcomes. One of the key problems in bridging the gap between legal requirements and sustainability outcomes is deficiencies in compliance and enforcement programs. Compliance and Enforcement of Environmental Law, one of the constituent volumes in the Elgar Encyclopedia of Environmental Law, brings together leading experts to provide a detailed overview of critical issues associated with assuring compliance with environmental laws. The expert entries are structured around key topics, including: compliance promotion, private governance, common law causes of action, writing enforceable rules, monitoring and reporting requirements, administrative enforcement, civil judicial enforcement, assessment of civil penalties, and criminal liability. The book addresses efforts to maximize the value of limited resources and evaluate the effectiveness of relevant tools. It also reviews both regulatory and non-regulatory compliance mechanisms. Each entry includes a detailed bibliography to facilitate more in-depth research.Providing a broad overview, concise explanations and avenues for research, this assessment of environmental law compliance and enforcement is an indispensable tool for students, academics and practitioners.
Land Use in a Nutshell
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This book reviews the common law principles that underpin modern land use regulations, including covenants and restrictions that work with government regulation to limit the use of private property. The Nutshell clearly explains the legal aspects of land planning and regulation, project review processes, and innovative and flexible regulatory devices. Subdivision and site plan regulation, local environment law, discrimination in zoning, regulatory takings, inverse condemnation, and community development practices are all explored. In addition, the book discusses the law of smart growth, and addresses current trends in land use law including the siting of renewable energy facilities. An appendix of internet-based resources is also provided. Law and planning students will find that this Nutshell covers the key cases in all land use law textbooks, and seasoned practitioners and planners will find the organization and approach to dozens of subject areas beneficial to their understanding of land use law.
International Environmental Law in a Nutshell
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This well received book, informed by its interdisciplinary framework, succinctly yet accurately traverses and illuminates the full gamut of international environmental issues, laws and policies challenging the world today. The fifth edition responds to important developments arising subsequent to the fourth edition, relating, inter alia, to sustainable development, climate change, and energy. These developments include the Sustainable Development Goals (SDGs) of 2015, the 2015 Paris Agreement on Climate Change that replaced the Kyoto Protocol, and the challenges posed by renewable energy and global poverty. In sum, the book offers an insightful analysis of the relevant treaties, customary law, and soft law instruments governing all areas of international environmental law.
Environmental Law Handbook
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The environmental field and its regulations have evolved significantly since Congress passed the first environmental law in 1970, and the Environmental Law Handbook, published just three years later, has been indispensable to students and professionals ever since. The authors provide clear and accessible explanations, expert legal insight into new and evolving regulations, and reliable compliance and management guidance. The Environmental Law Handbook continues to provide individuals across the country--professionals, professors, and students--with a comprehensive, up-to-date, and easy-to-read look at the major environmental, health, and safety laws affecting U.S. businesses and organizations. Because it is written by the country's leading environmental law firms, it provides the best, most reliable guidance anywhere. Both professional environmental managers and students aspiring to careers in environmental management should keep the Environmental Law Handbook within arm's reach for thoughtful answers to regulatory questions like: -How do I ensure compliance with the regulations? -How do the latest environmental developments impact my operations? -How do we keep our operations efficient and our community safe? The Handbook begins with chapters on the fundamentals of environmental law and on issues of enforcement and liability. It then dives headfirst into the major laws, examining their history, scope, and requirements with a chapter devoted to each. The 23rd edition of this well-known Handbook has been thoroughly updated, covering major changes to the law and enforcement in the areas of Clean Air, Clean Water, Climate Change, Oil Pollution, and Pollution Prevention. This is an essential reference for environmental students and professionals, and anyone who wants the most up-to-date information available on environmental laws.
Environmental Law in a Nutshell
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Farber's Environmental Law in a Nutshell provides a foundation for understanding environmental law. Expert text includes coverage of various areas, from acid rain and atomic energy, to waste disposal and wetlands. Touches upon the many statutory and common-law regulations shaping the world in which we live.
Principles of Environmental Law
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Written in a conversational tone, this book familiarizes readers with the basic mechanics of the major environmental statutes, including, among others, the Clean Water Act, the Clean Air Act, the Comprehensive Environmental Response, Compensation and Liability Act, the National Environmental Policy Act, and the Endangered Species Act. It also includes a separate chapter on how these environmental statutes are enforced by the Government and through citizen suits.
Research methods in environmental law : a handbook
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This timely Handbook brings together a collection of innovative interdisciplinary approaches to explore the use of research methods in environmental law. With chapters on topics ranging from sustainability, climate change and activism to education, actor-network theory and non-human ontologies, this Handbook provides a theoretically informed analysis of methodological approaches to this important field. Taking into consideration issues such as non-human agency, the Anthropocene, and spatial and material turns in law this book builds on key concepts in the subject. The book also considers how environmental law must adapt to the new and urgent needs of a variety of bodies, both human and non-human, that require its protection. It argues that traditional ways of conceiving environmental law, and of accounting for problems brought about through anthropocentric means, have led to the reinstatement of the problem of environmental degradation without imagining different avenues to resolve it. This Handbook is a key addition to the existing literature and provides an invaluable contribution to practical critique and to the reimagining of environmental law. It will be a crucial compendium for graduate students and researchers in the field of environmental law wishing to explore critical approaches.
Green Criminology
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This groundbreaking text provides students with an overview and assessment of green criminology as well as a call to action. Green Criminology draws attention to the ways in which the political-economic organization of capitalism causes ecological destruction and disorganization. Focusing on real-world issues of green crime and environmental justice, chapters examine ecological withdrawals, ecological additions, toxic towns, wildlife poaching and trafficking, environmental laws, and nongovernmental environmental organizations. The book also presents an unintimidating introduction to research from the physical sciences on issues such as climate change, pollution levels, and the ecological footprint of humans, providing a truly interdisciplinary foundation for green criminological analysis. To help students succeed in the course--and to encourage them to see themselves as future green criminology researchers--the end-of-chapter study guides include: * Questions and Activities for Students that review topics students should be able to conceptualize and address. * Lessons for Researchers that suggest additional areas of research in the study of green crime.
Environmental and energy law : international dimensions
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This Research Review covers the main topics and dimensions of environmental and energy law in its contemporary expression. It discusses foundational material for those interested in understanding the development of the field and conducting research on the myriad of questions raised by transitions to sustainability. Particular emphasis is placed on the systematisation of the material.
Treatise on Environmental Law
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The treatise provides:
• Thorough analysis of the statutes, regulations, and decisions
• Coverage of the emerging issue of climate change and global warming, including U.S. and international initiatives
• Coverage of the problems of growth, exhaustion of natural resources, aesthetic values, power shortages, effects of pollution on health
• Primary source manuals of relevant federal statutes and regulatory material
Evidence Law, a Student's Guide to the Law of Evidence As Applied in American Trials
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In clear and engaging prose that makes concepts accessible without oversimplification, this Treatise explains the Federal Rules, selected state variations, major cases, essential doctrines, and important underlying policies. Frequent practical examples drawn from courtroom practice introduce students to courtroom procedure, provide a context in which evidence problems arise, and acquaint them with the language of the courtroom. This volume can serve as background for beginning students and as a one-stop refresher for those taking advanced courses. Professors can assign various sections to track the syllabus or simply recommend this book as useful background reading.
Evidence
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A favorite classroom prep tool of successful students that is often recommended by professors, the Examples & Explanations (E&E) series provides an alternative perspective to help you understand your casebook and in-class lectures. Each E&E offers hypothetical questions complemented by detailed explanations that allow you to test your knowledge of the topics in your courses and compare your own analysis. Here's why you need an E&E to help you study throughout the semester: Clear explanations of each class topic, in a conversational, funny style. Features hypotheticals similar to those presented in class, with corresponding analysis so you can use them during the semester to test your understanding, and again at exam time to help you review. It offers coverage that works with ALL the major casebooks, and suits any class on a given topic. The Examples & Explanations series has been ranked the most popular study aid among law students because it is equally as helpful from the first day of class through the final exam.
Evidentiary Foundations
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Federal Rules of Evidence in a Nutshell
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The Nutshell, reflecting the Federal Rules of Evidence as restyled and amended effective December 1, 2014, contains a crisp, clear, concise, and complete explanation of each Federal Rule of Evidence designed to prepare every student for the course final, the multistate bar examination, and most significantly a successful litigation practice career. The United States Supreme Court's controversial testimonial/nontestimonial interpretation of the Confrontation Clause developed in Crawford and progeny is thoroughly analyzed as well. With respect to the definition of hearsay, the not hearsay definition, the most commonly encountered hearsay exceptions, expert witnesses, and character evidence even more exhaustive treatment is provided. Concrete illustrations are presented throughout.
McCormick on Evidence, 7th (Hornbook Series)
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This single-volume treatise is largely free of citations to authority, but retains the most notable footnotes. Topics covered include preparing and presenting evidence, cross-examination, and the procedure for admitting and excluding evidence. Discusses privilege against self-incrimination, privilege concerning improperly obtained evidence, scientific evidence, and demonstrative evidence. Reviews authentication, the hearsay rule, burdens of proof, and presumptions. Text also identifies current issues.
Principles of Evidence
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This text examines all topics typically covered in a three- or four-hour course in evidence. Emphasis is on the Federal Rules of Evidence, now adopted in most states. Should the reader desire additional material, ample footnotes provide easy access to leading cases, articles, and standard reference works. The seventh edition contains the restyled rules and all the new developments on the Confrontation clause. Dan Capra is the reporter, Judicial Conference Advisory Committee on the Federal Rules of Evidence, and Steven Saltzburg served as a consultant.
Federal Courtroom Evidence
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Federal Courtroom Evidence is a familiar sight in the federal courtroom. Attorneys and judges rely on this resource for instant access to the law including rules, advisory committee notes, and case annotations.Federal Courtroom Evidence is organized for deeper analysis and quicker access to the desired information. In many cases, more subsections of text discuss each rule, so that each subsection addresses more specific issues. This allowed more detailed analysis of evidentiary issues and made it possible to cite fewer opinions for each proposition of law without reducing the richness of the authority provided in this edition. All of the chapters have been updated with the latest evidence cases.The 2000 amendments to Rules 701 through 703 are analyzed in Chapters 18 and 19, and an amendment to Rule 608(b) that became effective December 1, 2003, is explained in Chapter 14.
Federal Evidence Practice Guide
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Some of the country's leading trial lawyers provide thoughtful, practical guidance on crucial evidentiary matters from pre-trial gathering of the evidence through summation. With explanatory material and clear examples of testimony, each chapter of the Federal Evidence Practice Guide (FEDPRG) offers specific guidelines for effective use and management of evidence. Included are the authors' recommendations and commentary regarding successful techniques for offering or opposing evidence. Areas of evidence practice covered include: * Gathering the evidence and pre-trial procedures * Demonstrative and documentary evidence * Opening statements and closing arguments * Expert witnesses * Direct and cross-examination of witnesses* Circumstantial evidence * Competency and privileges * Making a record through effective objections First published in 1989.
Federal Evidence Tactics
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Tracking the Federal Rules of Evidence, this easy-to-use publication is designed to help counsel strategically analyze the issues involved in the introduction of and objection to particular evidence. Federal Evidence Tactics (EVIDTC) is an excellent tactical companion to Weinstein's Federal Evidence, Second Edition.
Federal Rules of Evidence Manual
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Cited widely by courts and consulted regularly by thousands of attorneys across the nation, the Federal Rules of Evidence Manual (FREMAN) is the most concise and authoritative reference interpreting the Federal Rules. Used often as a coursebook for state and national Continuing Legal Education programs in evidence, the Federal Rules of Evidence Manual provides the following for each Rule: the complete, current text; a current explanation by experts on federal evidence rules; comprehensive descriptions of salient cases; and the relevant legislative history.
Modern Scientific Evidence: The Law & Science of Expert Testimony
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Modern Scientific Evidence: The Law and Science of Expert Testimony helps judges and lawyers assess the validity of an expert's scientific methodology, following the scientific evidence issues raised by the Daubert ruling. The text challenges the use of "generally accepted" scientific ideas when ruling on admissibility or managing expert witnesses in state and federal courts, and prepares trial attorneys to explain scientific concepts during admissibility arguments and confidently elicit or challenge expert testimony during trial.
Hot topics in Evidence 2016
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Evidentiary issues in attorney's fees hearings - including live demonstration / James Hauser -- Admissibility of expert testimony: Daubert vs. Frye / David A. Jones -- Electronic evidence part I: latest developments regarding evidentiary issues relating to the use of ESI / Perry Adair, Steve Teppler, and Joel Wuesthoff -- Electronic evidence part II: new paradigms for presenting electronically stored evidence at trial: tips and technologies / Perry Adair, Steve Teppler, and Joel Wuesthoff -- Ethics update 2016, part I: managing discovery and evidence with ethics & professionalism before trial / J. Charles Ingram -- Ethics update 2016, part II: managing discovery and evidence with ethics & professionalism at trial / Edward K. Cheffy -- Recent development regarding the Florida Evidence Code (including a discussion of new and amended evidentiary statutes and their possible adoption as rules by the Florida Supreme Court) and an overview of the interaction of the rulemaking and legislative process / Shelia D. Norman.
Evidence in Florida
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Introduction / Michael R. Cavendish -- Judicial Notice; Presumptions; Burden Of Proof / John K. Londot -- Relevancy / Alexander G. Moody -- Privileges / Michael R. Cavendish -- Witnesses / Michael H. Moody -- Impeachment / William E. Adams, Jr. Opinion And Expert Testimony / Jeannine Smith Williams Hearsay Rule / Mark M. Dobson Hearsay Exceptions / Mark M. Dobson Real And Demonstrative Evidence / Corinne C. Hodak Best Evidence Rule / Sheila D. Norman Parol Evidence Rule / Michael R. Cavendish Florida Trial Objections / Robert Michael Eschenfelder Evidentiary Trial Issues / Roy E. Fitzgerald Electronic Evidence / Ralph Artigliere and William F. Hamilton
Handbook of Florida Evidence
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Florida Evidence
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Family Law in a Nutshell
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Few areas of law practice cover as many issues as family law. The subject embraces marriage and divorce, annulment, custody of children, spousal and child support, complex property issues, paternity, domestic violence, adoption, and alternative means of reproduction. Each of these topics itself is complex. For example, within the broad subject of child custody lie the issues of interstate move away cases, international parental child abduction, and the impact of domestic violence on a parent's right to custody or visitation. In addition to purely legal issues, family law has a large psychological component, touching on some of the most important and sensitive aspects of human nature and interaction, such as, what is a family, what are the rights and responsibilities of parents toward children, and how should society respond to child abuse and domestic violence? All of these issues, and more, are discussed in this Nutshell. The book provides a thorough introduction to this challenging field of practice.
Understanding Family Law
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Understanding Family Law includes comprehensive coverage of topics such as traditional and nontraditional families, nonmarital and postmarital contracts, annulment, paternity and legitimacy, procreation rights, contraception, abortion, sterilization, artificially assisted conception, and adoption and termination of parental rights. Like the prior edition published in 2005, this new Fourth Edition of Understanding Family Law explains specific family law issues, such as intrafamily tort immunity and liability, medical care for child and spouse, wrongful life and wrongful birth, domestic violence, PINS, CHINS, ethical issues for the lawyer, alternative dispute resolution, equitable distribution, community property, and child custody and visitation. This Fourth Edition is updated to reflect changes in the law since the last edition. The discussion of assisted conception in particular, has been substantially revised to address technological changes and new law, such as the post- death conception case. This Fourth Edition also includes references to 50 states surveys so the reader can find their local law quickly.
Family Law
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When you purchase a new version of this casebook from the LIFT Program, you receive 1-year FREE digital access to the corresponding Examples & Explanations in your course area. Now available in an interactive study center, Examples & Explanations offer hypothetical questions complemented by detailed explanations that allow you to test your knowledge of the topics covered in class. Starting July 1, 2017, if your new casebook purchase does not come with an access code on the inside cover of the book, please contact Wolters Kluwer customer service. The email address and phone number for customer service are on the copyright page, found within the first few pages, of your casebook. A modern and teachable casebook for the family law course, offering comprehensive coverage and a mix of interdisciplinary materials. Features: Developments on marriage promotion/divorce reform efforts, which include mandated marriage classes Case law on parental alienation/friendly parent provisions with increasing numbers of women losing custody The continuing move away from the marital presumption, with new cases from Kentucky The extension of estoppel principles in parentage decisions, particularly in California and New York Update of states recognizing same-sex partners' parenting rights A brief new section on the right to know biological parents, including the new case in Canada Update on new statutory regulation of surrogacy including limitations to women with established medical need International recognition of assisted reproduction, with new case from France refusing to grant citizenship to child of French parents born to surrogate abroad.
Florida Family Law Practice Manual
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This four volume looseleaf manual provides practical analysis of the problems encountered by the Florida family law practitioner. The work discusses all aspects of dissolution of marriage, alimony, & settlement agreements, with citations to relevant cases & statutes & appropriate forms.
Florida Family Law
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Florida Family Law is a comprehensive and current coverage of every aspect of Florida family law combines in-depth discussion with practice guides, forms and consultant Brenda Abrams' own analysis of marriage-related agreements and sample forms. Each chapter is written or reviewed by an experienced Florida attorney who provides analysis of the law, together with numerous cases, forms, and other practical illustrations.
Florida family law practice manual
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This value-priced reference set enables Florida practitioners to effectively handle family law and domestic relations proceedings. In an easy-to-follow format it:
• Analyzes the substantive and procedural issues in a step-by-step fashion
• Provides the full text of all the relevant Florida family law statutes
• Provides the full text of the Florida Family Law Rules of Procedure
• Includes the Florida Supreme Court Approved Family Law forms
• Includes the Florida Family Law Rules of Procedure forms
• Cites the leading cases, rules and statutes
The eBook versions of this title feature links to Lexis Advance for further legal research options.
Local Government, Land Use, and the First Amendment
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This book is an re-mastered, retooled version of the ABA publication "Protecting Free Speech and Expression: The First Amendment and Land Use Law" which was published by the ABA. The book contains some theoretical discussion of First Amendment law as it pertains to land use issues (e.g. sign and billboard regulation, regulation of artwork and aesthetics, regulation of religious land uses, regulation of adult businesses, etc.), but also provides information which will be relevant to practitioners, and will include some regulatory strategies and case studies. In order to strategically illustrate their points, the authors included cases as source material.
First Amendment Law in a Nutshell
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This product provides a short and readable source for individuals interested in constitutional law, First Amendment law, and communications law. It is divided into four parts: the history, methodology, and philosophical foundations of the First Amendment; topics such as First Amendment issues that arise in cable television and in regulating children's access to the Internet; issues in First Amendment law such as the public forum doctrine, the compelled speech doctrine, and the free expression rights of government employees; and the text, history, and theory of the religion clauses, chronicling the ongoing battle in the Supreme Court between accommodationists and separationists. The Fifth Edition brings the book up to date with modern First Amendment jurisprudence, including a focus on racist and offensive speech, electoral spending, and other topics covered by recent Supreme Court cases and discussions.
Understanding the First Amendment
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The overarching objective of Understanding the First Amendment is to facilitate student learning efficiency and academic success. Toward this end, it focuses upon core subject matter that is likely to be tested in a law school examination or on the bar examination. The book also provides tools that enable students to organize the course and their understanding in a way that enhances retention. The beginning of each chapter highlights key points of coverage. The end of each chapter indicates essential points to remember. The book strikes a balance between comprehensiveness and selectivity, thus providing students with assurance that they know enough, know it well, but are not overwhelmed by details that are unduly esoteric or irrelevant to their performance needs.
Free Speech Beyond Words
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A look at First Amendment coverage of music, non-representational art, and nonsense The Supreme Court has unanimously held that Jackson Pollock's paintings, Arnold Sch#65533;enberg's music, and Lewis Carroll's poem "Jabberwocky" are "unquestionably shielded" by the First Amendment. Nonrepresentational art, instrumental music, and nonsense: all receive constitutional coverage under an amendment protecting "the freedom of speech," even though none involves what we typically think of as speech--the use of words to convey meaning. As a legal matter, the Court's conclusion is clearly correct, but its premises are murky, and they raise difficult questions about the possibilities and limitations of law and expression. Nonrepresentational art, instrumental music, and nonsense do not employ language in any traditional sense, and sometimes do not even involve the transmission of articulable ideas. How, then, can they be treated as "speech" for constitutional purposes? What does the difficulty of that question suggest for First Amendment law and theory? And can law resolve such inquiries without relying on aesthetics, ethics, and philosophy? Comprehensive and compelling, this book represents a sustained effort to account, constitutionally, for these modes of "speech." While it is firmly centered in debates about First Amendment issues, it addresses them in a novel way, using subject matter that is uniquely well suited to the task, and whose constitutional salience has been under-explored. Drawing on existing legal doctrine, aesthetics, and analytical philosophy, three celebrated law scholars show us how and why speech beyond words should be fundamental to our understanding of the First Amendment.
Freedom of Speech: Mightier than the Sword
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The First Amendment Bubble
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In determining the news that's fit to print, U.S. courts have traditionally declined to second-guess professional journalists. But in an age when news, entertainment, and new media outlets are constantly pushing the envelope of acceptable content, the consensus over press freedoms is eroding. The First Amendment Bubble examines how unbridled media are endangering the constitutional privileges journalists gained in the past century. For decades, judges have generally affirmed that individual privacy takes a back seat to the public's right to know. But the growth of the Internet and the resulting market pressures on traditional journalism have made it ever harder to distinguish public from private, news from titillation, journalists from provocateurs. Is a television program that outs criminals or a website that posts salacious videos entitled to First Amendment protections based on newsworthiness? U.S. courts are increasingly inclined to answer no, demonstrating new resolve in protecting individuals from invasive media scrutiny and enforcing their own sense of the proper boundaries of news. This judicial backlash now extends beyond ethically dubious purveyors of infotainment, to mainstream journalists, who are seeing their ability to investigate crime and corruption curtailed. Yet many-heedless of judicial demands for accountability-continue to push for ever broader constitutional privileges. In so doing, Amy Gajda warns, they may be creating a First Amendment bubble that will rupture in the courts, with disastrous consequences for conventional news.
Privacy in the New Media Age
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"An essential book for anyone concerned with the increasingly ubiquitous clashes between a technologically borderless world, free press, safety and personal privacy."--Charlotte Laws, board member, Cyber Civil Rights Initiative "Elucidates a path that both enhances dignity and protects essential press liberties. This is a much needed work in our new media age, where forced disclosure and technology have converted transparency from a disinfectant into a bludgeon."--Chris Hoofnagle, Berkeley Center for Law & Technology "An original look at old and new media versions of the clash between privacy and freedom of the press."--Anita Allen, author of Unpopular Privacy: What Must We Hide? "The almost-anything-goes Internet, which enables anyone to be a publisher, alters both the definition of a journalist and the meaning of privacy. This book arms both traditional journalists and citizen-journalists with a clear description of the murky boundary between the rights to publish and to privacy in our brave new media era."--Norman Lewis, University of Florida "The cases presented here range from politics to popular culture and violent crime and demonstrate the global complexity of related privacy issues, which are made even messier by the advent of new technologies."--Melody A. Bowdon, coeditor of Higher Education, Emerging Technologies, and Community Partnerships "Explores possible modernization of the intrusion tort, calls for greater weight to be placed on human dignity interests, suggests redefining personal space to fit our times, and offers multiple approaches for recalibrating the delicate balance between press freedom and privacy rights."--Clay Calvert, coauthor of Mass Media Law Balancing personal dignity and first amendment concerns has become increasingly challenging. In today's new media age, technology moves faster than the law, enabling modern media outlets to commit intrusions into private endeavors for the sake of a story. With few legal limits governing the dissemination of information online, individuals--whether news affiliates or anonymous writers--can become publishers, freely divulging the details of citizens' private lives. While the history of free speech and press has noble origins rooted in democratic theory, unlimited and unrestricted internet speech has left thousands of victims in its wake. Can society protect those who are harassed, stalked, and misrepresented online while maintaining our constitutional freedoms? Jon Mills, one of the nation's top privacy experts and advocates, maps out this complex problem. Tracing the history of the press in tandem with its regulation, Mills argues that technology has always evolved more quickly than the laws restricting its use. Old laws chase new media, raising original questions of how privacy and modern news outlets can coexist. Mills tackles those issues by looking at solutions already implemented by the European Union and comparing them to the obsolete privacy laws still extant in the United States. In his search for solutions, Mills closely examines an array of noteworthy cases, including suits made by Jennifer Anniston, Kate Middleton, Naomi Campbell, Argentinian soccer star Diego Maradona, and the family of deceased SeaWorld trainer Dawn Brancheau. In a global marketplace of instantly shared ideas, freedom of expression offers consumers a wealth of knowledge, but a lack of gatekeeping threatens intellectual space and individuals' personal lives. Mills traces that sharp edge between the right of privacy and the right of the public to know--between the limitless source of private information and society's craving for it all.
Understanding the First Amendment
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The First Amendment
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Constitutional Law--Individual Rights
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First Amendment Stories
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The Tragedy of Religious Freedom
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Endowed by Our Creator
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Understanding the First Amendment
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First Amendment Stories
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Religion and the American Constitutional Experiment
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Understanding the First Amendment
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Freedom of Religion, the First Amendment and the Supreme Court
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Religious Liberty in America
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Beyond the Fracking Wars
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Beyond the Fracking Wars provides an accessible and credible reference for lawyers, public officials, planners, and citizens. It avoids a "pro" or "anti" position and serves as a balanced resource on common issues associated with unconventional oil and gas exploration and development. Whether you are a state and local government lawyer, land owner, public official, planner, oil and gas industry employee, or interested citizen, Beyond the Fracking Wars is a must-have reference for understanding the controversial subject of unconventional oil and gas development and its impact on local governments.
The Frackers
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Everyone knew it was crazy to try to extract oil and natural gas buried in shale rock deep below the ground. Everyone, that is, except a few reckless wildcatters - who risked their careers to prove the world wrong. Things looked grim for American energy in 2006. Oil production was in steep decline and natural gas was hard to find. The Iraq War threatened the nation's already tenuous relations with the Middle East. China was rapidly industrializing and competing for resources. Major oil companies had just about given up on new discoveries on U.S. soil, and a new energy crisis seemed likely. But a handful of men believed everything was about to change. Far from the limelight, Aubrey McClendon, Harold Hamm, Mark Papa, and other wildcatters were determined to tap massive deposits of oil and gas that Exxon, Chevron, and other giants had dismissed as a waste of time. By experimenting with hydraulic fracturing through extremely dense shale--a process now known as fracking--the wildcatters started a revolution. In just a few years, they solved America's dependence on imported energy, triggered a global environmental controversy--and made and lost astonishing fortunes. No one understands these men--their ambitions, personalities, methods, and foibles--better than the award-winning Wall Street Journal reporter Gregory Zuckerman. His exclusive access enabled him to get close to the frackers and chronicle the untold story of how they transformed the nation and the world. The result is a dramatic narrative tracking a brutal competition among headstrong drillers. It stretches from the barren fields of North Dakota and the rolling hills of northeastern Pennsylvania to cluttered pickup trucks in Texas and tense Wall Street boardrooms. Activists argue that the same methods that are creating so much new energy are also harming our water supply and threatening environmental chaos. The Frackers tells the story of the angry opposition unleashed by this revolution and explores just how dangerous fracking really is. The frackers have already transformed the economic, environmental, and geopolitical course of history. Now, like the Rockefellers and the Gettys before them, they're using their wealth and power to influence politics, education, entertainment, sports, and many other fields. Their story is one of the most important of our time. MEET THE FRACKERS GEORGE MITCHELL, the son of a Greek goatherd, who tried to tap rock that experts deemed worthless but faced an unexpected obstacle in his quest to change history. AUBREY McCLENDON, the charismatic scion of an Oklahoma energy family, who scored billions leading a historic land grab. He wasn't prepared for the shocking fallout of his discoveries. TOM WARD, who overcame a troubled childhood to become one of the nation's wealthiest men. He could handle natural-gas fields but had more trouble with a Wall Street power broker. HAROLD HAMM, the son of poor sharecroppers, who believed America had more oil than anyone imagined. Hamm was determined to find the crude before others caught on. CHARIF SOUKI, the dashing Lebanese immigrant who saw his career crumble and his fortune disintegrate, leaving one last, unlikely chance for success. MARK PAPA, the Enron castoff who panicked when he realized a resurgence of American natural gas was at hand, one that his company wasn't prepared for.
The Law of Energy Underground
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While energy has been extracted from the ground for two centuries, recent years have seen transformative changes to how easy it is to access underground energy resources. This book investigates the key challenges and legal consequences of recent developments in the use of the subsurface as asource of energy. It provides a comprehensive analysis of the new technologies that have made this possible, such as the extraction of unconventional oil and gas resources through horizontal drilling and hydraulic fracturing, also known as fracking. Further developments include the expanded use ofgeothermal energy, which has the potential to beome a major renewable energy source. The subsurface can also be utilised for long-term disposal or storage of environmentally harmful by-products of energy use, such as carbon capture and storage (CCS), and disposal of spent nuclear fuel and othernuclear waste. Successful development of these technologies could enhance the use of fossil and nuclear energy by reducing the harm caused by the release of greenhouse gases and harmful radiation. The authors bring together a wide variety of expertise and knowledge to examine the legal implications of the development and control of these underground activities. They provide an invaluable understanding of the legal frameworks applicable to the extraction of underground energy, both at theinternational level and in a number of important national jurisdictions. Importantly, the book analyses the different regulatory responses to these developments across five continents, and assesses in detail the environmental impact of new energy extraction technologies.
Hydraulic Fracturing Law and Practice
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This treatise is a desk book on the law of hydraulic fracturing, and it covers federal and state statutory and regulatory requirements and certain litigation on this subject. Few areas of energy development or resource extraction have attracted as much public, academic, and legal attention and controversy in recent years as hydraulic fracturing.
Understanding Hydraulic Fracturing: Issues, Challenges, and Regulatory Regime
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This Note discusses the advantages and disadvantages of hydraulic fracturing, certain federal, state, and local regulations to which hydraulic fracturing is subject, and the future of hydraulic fracturing.
The Law of Fracking
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While there have been updates throughout this publication, the following new topics have been added to reflect recent developments in the law:
§ 4:8. Effects of pooling on leaseholds
§ 4:9. Leases for waste disposal use
§ 5:9. Follow the local governments
§ 9:15. Litigation using federal RCRA
§ 9:16. Criminal gas waste dumping prosecutions
§ 14:27. SLAPP suits to inhibit opposition
§ 15:16. Cleanup costs after abandonment
§ 16:5. Insurance conflicts
§ 16:6. Bankruptcy
§ 18:10. State constitutional controversies
§ 20:11. Ocean fracking
Shale Gas, the Environment and Energy Security
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This pioneering and in-depth study into the regulation of shale gas extraction examines how changes in the constitutional set-ups of EU Member States over the last 25 years have substantially altered the legal leverage of environmental protection and energy security as state objectives.In this timely book, Ruven Fleming argues that the practical consequence of these changes has been the self-inflicted curtailment of legislative discretion. The first to formally assess the legality of fracking bans and moratoria, he exposes their flawed construction, revealing that the current regulations could be successfully challenged in front of courts of EU Member States. Reaching beyond shale gas, innovative chapters further propose a new methodology - the so called triad of objectives, principles and rules - to develop legally sound regulation of new energy technologies in the context of the energy transition.Students and scholars across environmental and energy law will find this book an essential contribution to the sparse literature regarding the legal aspects of fracking and shale gas in Europe. The focus on a new legal methodology will also provide guidance to decision-makers and regulators alike.
Water Resource Management and the Law
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Scarcity of water, floods and erosion caused by climate change have made the management of water resources a challenge to national and international actors worldwide. States have also initiated water projects to improve social welfare, often with significant impacts on the environment. This book combines close analysis of the legal structures of water rights with consideration of the modes of water management projects to illustrate current water-related problems in terms of practical solutions in a global context.The book begins by surveying the current categories of water-related rights to clarify the role of public and private law in water allocation. Many important watercourses cross state borders, so the book pays close attention to transboundary water management including the legal and economic approaches of the European Union. Human rights and participation are also shown to play an increasingly important role in terms of both law and financing of water projects. Case studies illustrate the development of practical strategies for environmentally friendly and socially acceptable solutions, notably through the concept of adaptive water management.This book will appeal to academics in environmental law, as well as researchers and project groups in organisations dealing with water management and human rights.
Constitutions and Gender
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The idea that constitutions are gendered is not new, but its recognition is the product of a revolution in thinking that began in the last decades of the twentieth century. As a field, it is attracting scholarly attention and influencing practice around the world. This timely handbook features contributions from leading pioneers and younger scholars, applying a gendered lens to constitution-making and design, constitutional practice and citizenship, and constitutional challenges to gender equality rights and values. Offering a cutting-edge perspective on the constitutional text and record of multiple jurisdictions, from long-established to newly emerging democracies, Constitutions and Gender portrays a profound shift in our understanding of what constitutions stand for and what they do. Its central insight is that democratic constitutions must serve the needs and aspirations of all the people, and constitutional legitimacy requires opportunities for participation in both the fashioning and functioning of a country's constitution. This challenging assessment is of relevance to scholars and practitioners of law and politics, and gender and feminism, as well as practitioners and advisors involved in constitution-making.
Gender and the Jubilee
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Gender and the Jubilee is a bold reconceptualization of black freedom during the Civil War that uncovers the political and constitutional claims made by African American women. By analyzing the actions of women in the urban environment of St. Louis and the surrounding areas of rural Missouri, Romeo uncovers the confluence of military events, policy changes, and black agency that shaped the gendered paths to freedom and citizenship. During the turbulent years of the Civil War crisis, African American women asserted their vision of freedom through a multitude of strategies. They took concerns ordinarily under the jurisdiction of civil courts, such as assault and child custody, and transformed them into military matters. African American women petitioned military police for ?free papers?; testified against former owners; fled to contraband camps; and ?joined the army? with their male relatives, serving as cooks, laundresses, and nurses. Freedwomen, and even enslaved women, used military courts to lodge complaints against employers and former masters, sought legal recognition of their marriages, and claimed pensions as the widows of war veterans. Through military venues, African American women in a state where the institution of slavery remained unmolested by the Emancipation Proclamation, demonstrated a claim on citizenship rights well before they would be guaranteed through the establishment of the Fourteenth Amendment. The litigating slave women of antebellum St. Louis, and the female activists of the Civil War period, left a rich legal heritage to those who would continue the struggle for civil rights in the postbellum era.
Gender Nonconformity and the Law
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When the Civil Rights Act of 1964 was passed, its primary target was the outright exclusion of women from particular jobs. Over time, the Act's scope of protection has expanded to prevent not only discrimination based on sex but also discrimination based on expression of gender identity. Kimberly Yuracko uses specific court decisions to identify the varied principles that underlie this expansion. Filling a significant gap in law literature, this timely book clarifies an issue of increasing concern to scholars interested in gender issues and the law.
Equality on Trial
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In 1964, as part of its landmark Civil Rights Act, Congress outlawed workplace discrimination on the basis of such personal attributes as sex, race, and religion. This provision, known as Title VII, laid a new legal foundation for women's rights at work. Though President Kennedy and other lawmakers expressed high hopes for Title VII, early attempts to enforce it were inconsistent. In the absence of a consensus definition of sex equality in the law or society, Title VII's practical meaning was far from certain. The first history to foreground Title VII's sex provision, Equality on Trial examines how the law's initial promise inspired a generation of Americans to dispatch expansive notions of sex equality. Imagining new solidarities and building a broad class politics, these workers and activists engaged Title VII to generate a pivotal battle over the terms of democracy and the role of the state in all labor relationships. But the law's ambiguity also allowed for narrow conceptions of sex equality to take hold. Conservatives found ways to bend Title VII's possible meanings to their benefit, discovering that a narrow definition of sex equality allowed businesses to comply with the law without transforming basic workplace structures or ceding power to workers. These contests to fix the meaning of sex equality ultimately laid the legal and cultural foundation for the neoliberal work regimes that enabled some women to break the glass ceiling as employers lowered the floor for everyone else. Synthesizing the histories of work, social movements, and civil rights in the postwar United States, Equality on Trial recovers the range of protagonists whose struggles forged the contemporary meanings of feminism, fairness, and labor rights.
Speak Now
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A renowned legal scholar tells the definitive story of Hollingsworth v. Perry, the trial that will stand as the most potent argument for marriage equality Speak Now tells the story of a watershed trial that unfolded over twelve tense days in California in 2010. A trial that legalized same-sex marriage in our most populous state. A trial that interrogated the nature of marriage, the political status of gays and lesbians, the ideal circumstances for raising children, and the ability of direct democracy to protect fundamental rights. A trial that stands as the most potent argument for marriage equality this nation has ever seen. In telling the story of Hollingsworth v. Perry, the groundbreaking federal lawsuit against Proposition 8, Kenji Yoshino has also written a paean to the vanishing civil trial--an oasis of rationality in what is often a decidedly uncivil debate. Above all, this book is a work of deep humanity, in which Yoshino brings abstract legal arguments to life by sharing his own story of finding love, marrying, and having children as a gay man. Intellectually rigorous and profoundly compassionate, Speak Now will stand as the definitive account of a landmark civil-rights trial. -- Winner, Silver Gavel Awards -- Winner, Stonewall Book Award
Diversity in Practice
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Expressions of support for diversity are nearly ubiquitous among contemporary law firms and corporations. Organizations back these rhetorical commitments with dedicated diversity staff and various diversity and inclusion initiatives. Yet, the goal of proportionate representation for people of color and women remains unrealized. Members of historically underrepresented groups remain seriously disadvantaged in professional training and work environments that white, upper-class men continue to dominate. While many professional labor markets manifest patterns of demographic inequality, these patterns are particularly pronounced in the law and elite segments of many professions. Diversity in Practice analyzes the disconnect between expressed commitments to diversity and practical achievements, revealing the often obscure systemic causes that drive persistent professional inequalities. These original contributions build on existing literature and forge new paths in explaining enduring patterns of stratification in professional careers. These more realistic assessments provide opportunities to move beyond mere rhetoric to something approaching diversity in practice.
Gender and Law
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Gender and Law: Theory, Doctrine, Commentary, Sixth Edition focuses on all gendered aspects of American law, exploring the historical, comparative, statutory, constitutional, and theoretical dimensions of law's regulation of sexuality and gender. Topics covered can include the nature and attainability of equality, employment law, education and athletics, pregnancy, family, rape, sexual harassment, reproductive control, prostitution, pornography, lesbian/gay/transgender issues, and relevant natural law, economic, feminist, and LGBT theory. Key features for the 6th Edition: Proving systemic discrimination after Dukes v. Walmart. State activity on gay marriage, challenges to the Defense of Marriage Act, repeal of Don't Ask/Don't Tell, and LGBT rights issues. Developments in the law and politics of abortion and reproduction. Gender equity under healthcare reform. Sex and technology, including sexting, advances in reproductive technology, and social media harassment. Developments in pregnancy and caretaker discrimination. Updates on pay equity issues, including equal pay after Ledbetter v. Goodyear Tire & Rubber Co. and the Lilly Ledbetter Fair Pay Act. Updates in the social science of single-sex education and new federal regulations on single-sex public education. Expanded coverage of sexual harassment, domestic violence, international trafficking, the Violence Against Women Act, and other issues relating to abuse of women. New problems based on recent actual fact patterns.
Constitutions and Gender
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The idea that constitutions are gendered is not new, but its recognition is the product of a revolution in thinking that began in the last decades of the twentieth century. As a field, it is attracting scholarly attention and influencing practice around the world. This timely handbook features contributions from leading pioneers and younger scholars, applying a gendered lens to constitution-making and design, constitutional practice and citizenship, and constitutional challenges to gender equality rights and values. Offering a cutting-edge perspective on the constitutional text and record of multiple jurisdictions, from long-established to newly emerging democracies, Constitutions and Gender portrays a profound shift in our understanding of what constitutions stand for and what they do. Its central insight is that democratic constitutions must serve the needs and aspirations of all the people, and constitutional legitimacy requires opportunities for participation in both the fashioning and functioning of a country's constitution. This challenging assessment is of relevance to scholars and practitioners of law and politics, and gender and feminism, as well as practitioners and advisors involved in constitution-making.
Gender and the Jubilee
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Gender and the Jubilee is a bold reconceptualization of black freedom during the Civil War that uncovers the political and constitutional claims made by African American women. By analyzing the actions of women in the urban environment of St. Louis and the surrounding areas of rural Missouri, Romeo uncovers the confluence of military events, policy changes, and black agency that shaped the gendered paths to freedom and citizenship. During the turbulent years of the Civil War crisis, African American women asserted their vision of freedom through a multitude of strategies. They took concerns ordinarily under the jurisdiction of civil courts, such as assault and child custody, and transformed them into military matters. African American women petitioned military police for ?free papers?; testified against former owners; fled to contraband camps; and ?joined the army? with their male relatives, serving as cooks, laundresses, and nurses. Freedwomen, and even enslaved women, used military courts to lodge complaints against employers and former masters, sought legal recognition of their marriages, and claimed pensions as the widows of war veterans. Through military venues, African American women in a state where the institution of slavery remained unmolested by the Emancipation Proclamation, demonstrated a claim on citizenship rights well before they would be guaranteed through the establishment of the Fourteenth Amendment. The litigating slave women of antebellum St. Louis, and the female activists of the Civil War period, left a rich legal heritage to those who would continue the struggle for civil rights in the postbellum era.
Gender Nonconformity and the Law
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When the Civil Rights Act of 1964 was passed, its primary target was the outright exclusion of women from particular jobs. Over time, the Act's scope of protection has expanded to prevent not only discrimination based on sex but also discrimination based on expression of gender identity. Kimberly Yuracko uses specific court decisions to identify the varied principles that underlie this expansion. Filling a significant gap in law literature, this timely book clarifies an issue of increasing concern to scholars interested in gender issues and the law.
Equality on Trial
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In 1964, as part of its landmark Civil Rights Act, Congress outlawed workplace discrimination on the basis of such personal attributes as sex, race, and religion. This provision, known as Title VII, laid a new legal foundation for women's rights at work. Though President Kennedy and other lawmakers expressed high hopes for Title VII, early attempts to enforce it were inconsistent. In the absence of a consensus definition of sex equality in the law or society, Title VII's practical meaning was far from certain. The first history to foreground Title VII's sex provision, Equality on Trial examines how the law's initial promise inspired a generation of Americans to dispatch expansive notions of sex equality. Imagining new solidarities and building a broad class politics, these workers and activists engaged Title VII to generate a pivotal battle over the terms of democracy and the role of the state in all labor relationships. But the law's ambiguity also allowed for narrow conceptions of sex equality to take hold. Conservatives found ways to bend Title VII's possible meanings to their benefit, discovering that a narrow definition of sex equality allowed businesses to comply with the law without transforming basic workplace structures or ceding power to workers. These contests to fix the meaning of sex equality ultimately laid the legal and cultural foundation for the neoliberal work regimes that enabled some women to break the glass ceiling as employers lowered the floor for everyone else. Synthesizing the histories of work, social movements, and civil rights in the postwar United States, Equality on Trial recovers the range of protagonists whose struggles forged the contemporary meanings of feminism, fairness, and labor rights.
Speak Now
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A renowned legal scholar tells the definitive story of Hollingsworth v. Perry, the trial that will stand as the most potent argument for marriage equality Speak Now tells the story of a watershed trial that unfolded over twelve tense days in California in 2010. A trial that legalized same-sex marriage in our most populous state. A trial that interrogated the nature of marriage, the political status of gays and lesbians, the ideal circumstances for raising children, and the ability of direct democracy to protect fundamental rights. A trial that stands as the most potent argument for marriage equality this nation has ever seen. In telling the story of Hollingsworth v. Perry, the groundbreaking federal lawsuit against Proposition 8, Kenji Yoshino has also written a paean to the vanishing civil trial--an oasis of rationality in what is often a decidedly uncivil debate. Above all, this book is a work of deep humanity, in which Yoshino brings abstract legal arguments to life by sharing his own story of finding love, marrying, and having children as a gay man. Intellectually rigorous and profoundly compassionate, Speak Now will stand as the definitive account of a landmark civil-rights trial. -- Winner, Silver Gavel Awards -- Winner, Stonewall Book Award
Diversity in Practice
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Expressions of support for diversity are nearly ubiquitous among contemporary law firms and corporations. Organizations back these rhetorical commitments with dedicated diversity staff and various diversity and inclusion initiatives. Yet, the goal of proportionate representation for people of color and women remains unrealized. Members of historically underrepresented groups remain seriously disadvantaged in professional training and work environments that white, upper-class men continue to dominate. While many professional labor markets manifest patterns of demographic inequality, these patterns are particularly pronounced in the law and elite segments of many professions. Diversity in Practice analyzes the disconnect between expressed commitments to diversity and practical achievements, revealing the often obscure systemic causes that drive persistent professional inequalities. These original contributions build on existing literature and forge new paths in explaining enduring patterns of stratification in professional careers. These more realistic assessments provide opportunities to move beyond mere rhetoric to something approaching diversity in practice.
Gender and Law
by
Gender and Law: Theory, Doctrine, Commentary, Sixth Edition focuses on all gendered aspects of American law, exploring the historical, comparative, statutory, constitutional, and theoretical dimensions of law's regulation of sexuality and gender. Topics covered can include the nature and attainability of equality, employment law, education and athletics, pregnancy, family, rape, sexual harassment, reproductive control, prostitution, pornography, lesbian/gay/transgender issues, and relevant natural law, economic, feminist, and LGBT theory. Key features for the 6th Edition: Proving systemic discrimination after Dukes v. Walmart. State activity on gay marriage, challenges to the Defense of Marriage Act, repeal of Don't Ask/Don't Tell, and LGBT rights issues. Developments in the law and politics of abortion and reproduction. Gender equity under healthcare reform. Sex and technology, including sexting, advances in reproductive technology, and social media harassment. Developments in pregnancy and caretaker discrimination. Updates on pay equity issues, including equal pay after Ledbetter v. Goodyear Tire & Rubber Co. and the Lilly Ledbetter Fair Pay Act. Updates in the social science of single-sex education and new federal regulations on single-sex public education. Expanded coverage of sexual harassment, domestic violence, international trafficking, the Violence Against Women Act, and other issues relating to abuse of women. New problems based on recent actual fact patterns.
Immigration Law and Procedure in a Nutshell
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This compact, comprehensive title offers a thorough overview of the history, constitutional basis, statutory structure, regulatory provisions, administrative procedure, and ethical principles related to immigration law and practice. Updated to reflect developments since the 2016 Presidential election, it is valuable both as a teaching and a practice reference.
Understanding Immigration Law
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Understanding and evaluating U.S. immigration law and policy -- The evolution of U.S. immigration law and policy -- The federal immigration power -- Immigration federalism -- Immigration actors: federal agencies and courts -- Judicial review --Immigration visas -- nonimmigrant visas -- Inadmissibility grounds and waivers -- Asylum, withholding of removal, convention against torture and temporary protected status --Admission procedures -- Removal -- The removal process -- enforcement against undocumented immigrants -- Crimmigration -- The rights and responsibilities of immigrants -- Citizenship -- The future of American immigration law.
Fragomen on Immigration Fundamentals
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Offering in-depth coverage of bedrock immigration legislation, the latest federal standards, and pivotal court decisions, Fragomen on Immigration Fundamentals: A Guide to Law and Practice gives you the legal and procedural knowledge to work more efficiently and effectively with employers, aliens, nonimmigrants, refugees, naturalized citizens, and government officials. Enhanced by advisory Practice Commentaries, Fragomen on Immigration Fundamentals shows you how to follow all status-change procedures for employment-based immigration, family-sponsored immigration, and diversity immigration; satisfy important legal tests, such as proving business necessity when hiring aliens or qualifying relationships in family-sponsored immigration cases; and protect clients rights, whether helping aliens fight unjust removal, nonimmigrants pursue lawful entry, or employers obtain judicial review for adverse decisions."
Immigration Emerging Issues
Covering the most important and rapidly emerging issues today, this collection of articles provides expert guidance written by attorneys practicing in the field. The commentaries examine a wide range of recent cases, regulations, trends, and developments. These accounts cover national, state and international issues and provide expert insight in important areas and legal developments.
Immigration Law and Procedure
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The Premier Treatise on Immigration Law Immigration Law and Procedure provides you with the authoritative treatise on immigration law as well as an incomparable collection of easily accessible source materials with all amendments integrated directly into the text. Expert Authoritative Analysis The authors are nationally respected immigration specialists whose professional expertise has made Immigration Law & Procedure the flagship immigration treatise. Their analysis and opinions on undecided points of law have always carried considerable weight with the courts, including the U.S. Supreme Court.
Dreams and Nightmares : Immigration Policy, Youth, and Families
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Dreams and Nightmares takes a critical look at the challenges and dilemmas of immigration policy and practice in the absence of comprehensive immigration reform. The experiences of children and youth provide a prism through which the interwoven dynamics and consequences of immigration policy become apparent. Using a unique sociolegal perspective, authors Zatz and Rodriguez examine the mechanisms by which immigration policies and practices mitigate or exacerbate harm to vulnerable youth. They pay particular attention to prosecutorial discretion, assessing its potential and limitations for resolving issues involving parental detention and deportation, unaccompanied minors, and Dreamers who came to the United States as young children. The book demonstrates how these policies and practices offer a means of prioritizing immigration enforcement in ways that alleviate harm to children, and why they remain controversial and vulnerable to political challenges.
Immigration Outside the Law
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In Immigration Outside the Law, acclaimed immigration law expert Hiroshi Motomura, addresses the fraught issue of illegal immigration to the United States, which has become one of the most controversial political and social issues in contemporary America.
Indigenous Peoples' Status in the International Legal System
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While many have explored the law governing the rights of indigenous peoples through an examination of relevant instruments and institutions, this book demonstrates that international indigenous rights can be best understood through the study of two questions: What is meant by 'peoples' and'equality' under international law?Indigenous Peoples' Status in the International Legal System offers a new and profound insight into the international indigenous rights discourse. This volume explains that the understanding of 'peoples' is paramount to the question of whether indigenous peoples are beneficiaries of the right toself-determination and sets out the content and scope of this right. The book additionally explores the contemporary meaning of 'equality', arguing that the understanding of equality fundamentally impacts what rights indigenous peoples possess over territories and natural resources. This bookoutlines the rights of greatest relevance to indigenous peoples, communities, and individuals, and explains the justification for indigenous rights.
Indigenous Peoples' Cultural Heritage
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Indigenous rights to heritage have only recently become the subject of academic scholarship. This collection aims to fill that gap by offering the fruits of a unique conference on this topic organised by the University of Lapland with the help of the Office of the High Commissioner for Human Rights. The conference made clear that important information on Indigenous cultural heritage has remained unexplored or has not been adequately linked with specific actors (such as WIPO) or specific issues (such as free, prior and informed consent). Indigenous leaders explained the impact that disrespect of their cultural heritage has had on their identity, well-being and development. Experts in social sciences explained the intricacies of indigenous cultural heritage. Human rights scholars talked about the inability of current international law to fully address the injustices towards indigenous communities. Representatives of International organisations discussed new positive developments. This wealth of experiences, materials, ideas and knowledge is contained in this important volume.
Science, Colonialism, and Indigenous Peoples
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At the intersection of indigenous studies, science studies, and legal studies lies a tense web of political issues of vital concern for the survival of indigenous nations. Numerous historians of science have documented the vital role of late-eighteenth- and nineteenth-century science as a part of statecraft, a means of extending empire. This book follows imperialism into the present, demonstrating how pursuit of knowledge of the natural world impacts, and is impacted by, indigenous peoples rather than nation-states. In extractive biocolonialism, the valued genetic resources, and associated agricultural and medicinal knowledge, of indigenous peoples are sought, legally converted into private intellectual property, transformed into commodities, and then placed for sale in genetic marketplaces. Science, Colonialism, and Indigenous Peoples critically examines these developments, demonstrating how contemporary relations between indigenous and Western knowledge systems continue to be shaped by the dynamics of power, the politics of property, and the apologetics of law.
Indigenous Peoples in International Law
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In Indigenous Peoples in International Law, James Anaya explores the development and contours of international law as it concerns the world's indigenous peoples, culturally distinctive groups that are descended from the original inhabitants of lands now dominated by others. Anaya demonstratesthat, while historical trends in international law largely facilitated the colonization of indigenous peoples and their lands, modern international law's human rights program has been responsive to indigenous peoples' aspirations to survive as distinct communities in control of their own destinies.Over the last several years, the international system--particularly as embodied in the United Nations and other international institutions--has exhibited a renewed and increasingly heightened focus on the concerns of indigenous peoples. Anaya discusses the resulting new generation of internationaltreaty and customary norms, while linking the new and emergent norms with previously existing international human rights standards of general applicability. Anaya further identifies and analyzes institutions and procedures, at both the domestic and international levels, for implementinginternational norms concerning indigenous peoples.Indigenous Peoples in International Law provides a theoretically grounded and practically oriented synthesis of the historical, contemporary, and emerging international law related to indigenous peoples. It will be of great interest to scholars and lawyers in international law and humanrights.
Reflections on the un Declaration on the Rights of Indigenous Peoples
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The adoption of the Declaration on the Rights of Indigenous Peoples by the United Nations General Assembly on 13 September 2007 was acclaimed as a major success for the United Nations system given the extent to which it consolidates and develops the international corpus of indigenous rights. This is the first in-depth academic analysis of this far-reaching instrument. Indigenous representatives have argued that the rights contained in the Declaration, and the processes by which it was formulated, obligate affected States to accept the validity of its provisions and its interpretation of contested concepts (such as 'culture', 'land', 'ownership' and 'self-determination'). This edited collection contains essays written by the main protagonists in the development of the Declaration; indigenous representatives; and field-leading academics. It offers a comprehensive institutional, thematic and regional analysis of the Declaration. In particular, it explores the Declaration's normative resonance for international law and considers the ways in which this international instrument could catalyse institutional action and influence the development of national laws and policies on indigenous issues.
Environmental Justice and the Rights of Indigenous Peoples
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More than 300 million people in over 70 countries make up the world�s indigenous populations. Yet despite ever-growing pressures on their lands, environment and way of life through outside factors such as climate change and globalization, their rights in these and other respects are still not fully recognized in international law.In this incisive book, Laura Westra deftly reveals the lethal effects that damage to ecological integrity can have on communities. Using examples in national and international case law, she demonstrates how their lack of sufficient legal rights leaves indigenous peoples defenceless, time and again, in the face of governments and businesses who have little effective incentive to consult with them (let alone gain their consent) in going ahead with relocations, mining plans and more. The historical background and current legal instruments are discussed and, through examples from the Americas, Africa, Oceania and the special case of the Arctic, a picture emerges of how things must change if indigenous communities are to survive. It is a warning to us all from the example of those who live most closely in tune with nature and are the first to feel the impact when environmental damage goes unchecked.
Insurance Law
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This treatise explains how certain principles or doctrines such as insurable interests, designation of insurers, and risk transference apply to property, life, liability, or other types of insurance. It also addresses insurance law issues and suggests lines of analysis to consider in order to better evaluate the merits of a claim. Other subjects include conceptualization, classification, marketing, indemnity, insurability, claim processes, and settlements. Also overviews insurance regulation, government sponsorship of insurance, and resolving disputed claims.
Insurance Law in a Nutshell
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Insurance Law in a Nutshell is a clear, concise and comprehensive discussion of the fundamentals of insurance law. It covers various lines of insurance such as Auto, Commercial General Liability, Health, Life, and Property. It also covers topics such as bad faith, claims submission/handling, duty to defend and settle, insurable interest, insurer defenses, loss valuation, regulation of insurers, reinsurance, risk transfer, subrogation, surety bonds, and waiver and estoppel. This new edition also has new sections that cover the rules of insurance policy interpretation; other lines of liability insurance such Cyber, Directors and Officers Liability (D&O), Errors and Omissions (E&O or Professional Liability), Employers Liability (EPL), Environmental Impairment (EIL), Flood, and Terrorism; the key issues of "trigger," "number of occurrences" and "allocation" in long-tail liability claims; "personal or advertising" liability coverage; the "business risk" and "owned property" exclusions; the "duty of utmost good faith" and the "follow the fortunes" doctrine under reinsurance treaties; guaranty funds; and "surplus line" insurers.
Understanding Insurance Law
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What is insurance? -- Sources of insurance law -- Contract formation -- The insurable interest requirement -- Scope of obligations : persons and interests protected -- Scope of obligations : the risks covered -- The insured's duty to pay premiums -- The mechanics of claim presentation -- The insurer's duty to pay proceeds -- Excuses for the insurer's nonperformance -- The additional duties in third-party insurance -- Group insurance -- Automobile insurance -- Excess insurance -- Reinsurance.
Insurance Law--Florida Practice Series
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A comprehensive title for Florida insurance law practitioners, Florida Insurance Law and Practice provides both an overview of and detailed information about nearly all the different types of insurance law in Florida:
Automobile
Health
Homeowners'
Workers' compensation
Disability
Couch on Insurance
by
This new edition reflects law and practices governing insurance issues today. It offers definitive treatment on practically all types of insurance, including life, property, health and accident, liability and indemnity, automobile, fidelity guarantee, contract guarantee, group, reinsurance, annuities, governmental life and disability, ERISA, and COBRA. Timely topics in the insurance industry are addressed, as well as insurance contracts, risks covered, and representations and warranties. Being newly rewritten and reorganized by Steven Plitt, Daniel Maldonado, and Joshua D. Rogers, who maintain an insurance litigation practice with Kunz, Plitt, Hyland, Demlong and Kleifield in Phoenix, the sucessor authors are experienced trial attorneys and experts in the insurance field.
Appleman on Insurance Law & Practice and Appleman on Insurance 2d
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New Appleman on Insurance Law Library Edition
The Library Edition will be easy to use because it is organized the way you practice and think about insurance law. It will cover all of the key insurance topics logically by line of insurance. It will be concise, well organized, clearly state what the law is, and present the most current issues and analyses available. Written by the leading scholars and practitioners of insurance law, it will have expert insights, sample lexis.com searches, chapter summaries at the beginning of each chapter, extensive cross references and links to the Appleman Suite of products, Matthew Bender insurance titles and more. Volume 1 of the Library Edition, Essentials of Insurance Law, is now available.
Intellectual Property, Patents, Trademarks, and Copyright in a Nutshell
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Authors Michael Davis and famed Harvard professor Arthur Miller provide authoritative coverage on the foundations of patents, trademarks, and copyright laws. Authoritative treatment of all relevant doctrines and the latest statutory and judicial changes. Text further addresses relevant torts, property, antitrust, regulatory, and federalism intersections with intellectual property law.
Intellectual Property in the New Technological Age 2017
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Law school case/text book covering intellectual property law. Volume I surveys philosophical perspectives, trade secret law, and patent law.
Principles of Intellectual Property Law
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Intellectual property has helped define our culture, our economy, and our lifestyle. This book provides a comprehensive survey of the entire field of intellectual property, including copyrights, patents, trademarks, trade secrets, unfair competition, and the right of publicity. It is designed to be reader-friendly and is up-to-date through October 2016, including many new important Supreme Court decisions in copyright, patent, and trademark law. It can be a study guide for an intellectual property survey course or used as a useful introduction or refresher for anyone interested in the field. The book focuses primarily on three main federal intellectual property rights - copyrights, patents, and trademarks - along with the new federal trade secret law and important areas of state law protection (such as the right of publicity).
Understanding Intellectual Property Law
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Introduction -- Patents -- Trade secrets law -- Copyright -- Trademarks -- Other intellectual property rights.
Epstein on Intellectual Property
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This respected resource provides up-to-date, integrated coverage of the law of trade secrets, copyright, trademarks and patents, ideas, and non-competition agreements. It covers the latest legal developments in such hot areas as biotechnology, intellectual property, due diligence, software protection, copyright infringement, ownership of employee inventions, and more. By Michael A. Epstein. Epstein on Intellectual Property, Fifth Edition covers the latest legal developments in such hot areas as biotechnology, intellectual property, due diligence, software protection, copyright infringement, ownership of employee inventions, and more. You will consult this reference for expert answers to questions such as how to: Prevent the unauthorized use and disclosure of your company's trade secrets Determine what types of materials and information are covered by the copyright laws Apply for and enforce patents Reduce the risk of claims under the andquot;law of ideasandquot; Make effective use of noncompetition agreements Deal with the unique problems of biotechnology
Copyright Law in a Nutshell
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This product offers a compact yet comprehensive and up-to-date overview of U.S. copyright law in an uncluttered and readable format. Coverage ranges from the fundamental concepts of originality, authorship, and infringement to the highly technical rules governing digital phonorecord deliveries and digital public performance rights in sound recordings, the safe harbor provisions that limit the liability of Internet service providers, and the anti-circumvention and copyright management information provisions of the Digital Millennium Copyright Act. The evolving doctrines of fair use and contributory liability are also given thorough attention.
Copyright: Examples and Explanations
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Using proven Examples & Explanations pedagogy, this comprehensive study guide provides students with a short account of the law, followed by a variety of concrete Examples & Explanations that help reinforce and give substance to the key rules and concepts in intellectual property law. Its flexible organization lets students move freely between topics that range from copyrights, to patents, trademarks and trade secrets. Keyed to all major IP survey courses and using compelling examples, Intellectual Property: Examples & Explanations is a straightforward guide that gives students a solid grounding in this dynamic area of law.
Understanding Copyright Law
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Introduction to copyright and intellectual property law -- Subject matter of copyright : general standards -- Works of authorship : categories of copyrightable subject matter -- Publication, notice, and other formalities -- Ownership of copyright -- Duration, renewal, termination of transfers, and restoration of copyright -- Copyright registration and deposit -- The exclusive rights and their limitations -- Infringement and remedies -- Faire use and other defenses to copyright infringement -- Copyright law in a federal system : preemption of state law -- An overview of international copyritght.
Understanding Patent Law
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The third edition of Understanding Patent Law provides important and comprehensive coverage for a foundational understanding of patent law, including summaries, overviews, and examples to illustrate the application of the most abstract and complex doctrines. This treatise includes clear and concise summaries of the major cases, with straightforward descriptions of the technology at issue. This edition has been revised to enhance the reader's understanding of all concepts covered in patent courses. Throughout, the book includes discussions of the background policy and historical underpinnings of the primary patent law doctrines to enable an understanding of the reasons that support the doctrine. The work is suitable for developing a working knowledge of the law, as well as for students enrolled in a patent law course. This edition has been fully updated and features: coverage of all major patent law topics with all recent U.S. Supreme Court and appellate court cases, including the requirements to obtain a U.S. patent right; post-grant procedures; claim construction methods and procedures; an in-depth treatment of patent infringement, defenses to an infringement suit, and international considerations; an overview of the legislative, regulatory, and court systems that govern the creation, issuance, and enforcement of the patent right; updated treatment that covers the groundbreaking cases issued since the last edition, including the patentable subject matter cases Alice v. CLS Bank, Association for Molecular Pathology v. Myriad Genetics, Inc., and Mayo Collaborative Services v. Biosig; discussion of the U.S. Supreme Court's Impression Products, Inc. v. Lexmark, which shifted the foundation of exhaustion from an intent-based doctrine into a fundamental limitation on the patent right; a new section on the impact of Gunn v. Minton and T.J. Heartland v. Kraft Foods on patent litigation. Additionally, the remedies chapter adds four new ground-breaking Supreme Court decisions, including Octane Fitness, LLC v. ICON Health & Fitness, Inc. on willfulness relief and Samsung Electronics Co. v. Apple Inc. on monetary damages for design patent infringement. The Court's new standards for assessing the sufficiency of claims from Nautilus v. Biosig is reviewed, as well as the appellate review of the construction of claims in Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc.; and a review of the Federal Circuit's Williamson v. Citrix Online, which has become critical to understanding claim construction.
Intellectual Property in the New Technological Age 2017
by
Law school case/text book covering intellectual property law. Volume I surveys philosophical perspectives, trade secret law, and patent law.
Intellectual Property
by
Miller and Davis' Intellectual Property, Patents, Trademarks, and Copyright in a Nutshell presents the fundamentals of trademark and copyright laws. Authors Michael Davis and famed Harvard professor Arthur Miller provide authoritative coverage on the foundations of patent protection, patentability, and the patenting process. The text addresses: Torts and property Antitrust and government regulation Concept of federalism State and federal conflicts
Moy's Walker on Patents
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This category page contains the full text of Moy's Walker on Patents (4th ed.) as it has been completed to date. This multi-volume treatise (five volumes released to date) provides in depth analytical treatment of patent law. Future volumes of the 4th edition will be released on Westlaw as they become available. Remaining portions of the 3rd edition that have not yet been replaced by the new 4th edition will not be placed online.
Intellectual Property in the New Technological Age 2017
by
Law school case/text book covering intellectual property law. Volume I surveys philosophical perspectives, trade secret law, and patent law.
Intellectual Property
by
Miller and Davis' Intellectual Property, Patents, Trademarks, and Copyright in a Nutshell presents the fundamentals of trademark and copyright laws. Authors Michael Davis and famed Harvard professor Arthur Miller provide authoritative coverage on the foundations of patent protection, patentability, and the patenting process. The text addresses: Torts and property Antitrust and government regulation Concept of federalism State and federal conflicts
McCarthy on Trademarks & Unfair Competition
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McCarthy on Trademarks and Unfair Competition is a treatise which explains trademark law with clear, concise analyses of cases and statutes, providing advice on registering and protecting trademarks.
Trademarks and Related Unfair Competition Law
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Trademarks and Related Unfair Competition Law, explains in detail the process of securing and maintaining a federal trademark registration. Beginning with a discussion of the types of trademarks, the emphasis in this portfolio is placed on the trademark selection procedure, including counsel's role in the process, and trademark searching for anticipations. This discussion deals with the preliminary screening of proposed marks and both domestic and international trademark word searches.
Callmann on Unfair Competition, Trademarks & Monopolies
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Callmann on Unfair Competition, Trademarks, and Monopolies provides a comprehensive analysis of the law of unfair competition as it relates to:
Trademarks (registrability and infringement)
Passing-off
Trade secrets
Misappropriations
Price discrimination
Predatory pricing
Monopolies
And more
Trade Secret Law in a Nutshell
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Trade Secret Law is the first and only book in the Nutshell series to cover trade secret law in depth. It was written as a companion to Cases and Materials on Trade Secret Law by Rowe and Sandeen (the first casebook on trade secret law), but adds more practical advice. Thus, it is a useful resource for attorneys and law students alike. It could be a supplement to a course on trade secret law or an IP survey course that covers trade secret law, as most now do. Like the casebook, it focuses on the predominate law governing trade secrets in the U.S.: The Uniform Trade Secrets Act (now applicable in 47 of 50 states). The Trade Secret Law in a Nutshell addresses both international and criminal enforcement of trade secret rights. The Second Edition includes significant legal developments, including coverage of the Defend Trade Secrets Act of 2016.
Intellectual Property
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A new edition of the trusted book on intellectual property Intellectual Property simplifies the process of attaching a dollar amount to intellectual property and intangible assets, be it for licensing, mergers and acquisitions, loan collateral, investment purposes, and determining infringement damages. Written by Russell L. Parr, an expert in the valuation/intellectual property field, this book comprehensively addresses IP Valuation, the Exploitation Strategies of Licensing and Joint Ventures, and determination of Infringement Damages. The author explains commonly used strategies for determining the value of intellectual property, as well as methods used to set royalty rates based on investment rates of returns. This book examines the business economics of strategies involving intellectual property licensing and joint ventures, provides analytical models that can be used to determine reasonable royalty rates for licensing and for determining fair equity splits in joint venture arrangements. Key concepts in this book are brought to life by presenting real-world examples of exploitation strategies being used by major corporations. Provides practical tools for and examines the business economics for determining the value intellectual property in licensing and joint venture decisions Presents analytical models for determining reasonable royalty rates for licensing and for determining fair equity splits in joint venture arrangements Provides a detailed discussion about determining intellectual property infringement damages focusing on lost profits and reasonable royalties.
The Law and Theory of Trade Secrecy
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This timely Handbook marks a major shift in innovation studies, moving the focus of attention from the standard intellectual property regimes of copyright, patent, and trademark, to an exploration of trade secrecy and the laws governing know-how, tacit knowledge, and confidential relationships. The editors introduce the long tradition of trade secrecy protection and its emerging importance as a focus of scholarly inquiry. The book then presents theoretical, doctrinal, and comparative considerations of the foundations of trade secrecy, before moving on to study the impact of trade secrecy regimes on innovation and on other social values. Coverage includes topics such as sharing norms, expressive interests, culture, politics, competition, health, and the environment.This important Handbook offers the first modern exploration of trade secrecy law and will strongly appeal to intellectual property academics, and to students and lawyers practicing in the intellectual property area. Professors in competition law, constitutional law, and environmental law will also find much to interest them in this book, as will innovation theorists.
The Right to Democracy in International Law
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This book explores the right to democracy in international law and contemporary democratic theory, asking whether international law encompasses a substantive or procedural understanding of the notion. The book considers whether there can be considered to be a basis for the right to democracy in international customary law through identification of the relevant State practice and opinio juris, as well as through an evaluation of the Universal Declaration of Human Rights and whether the relevant provisions might be interpreted as forming customary law. The book then goes on to explore the relevant provisions in international treaties including the International Covenant on Civil and Political Rights before looking at the role of regional organizations and human rights regimes including the European Court of Human Rights and the Arab human rights regime. Khalifa A. Alfadhel draws on the work of John Rawls in order to put forward a theoretical basis for the right to democracy.
The paradigm of state consent in the law of treaties : challenges and perspectives
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The paradigm of state consent in the law of treaties is increasingly under attack. Which narratives on the treaty concept legitimize or delegitimize the challenges to the consensualist paradigm? Which areas of the law of treaties are more concerned by these attacks? What are the ensuing risks? From consent to be bound to treaty succession, and from treaty denunciation to reservations, this book offers a tour de force on the paradigm of state consent, its challenges, and their politics.
Research handbook on international courts and tribunals
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This collection takes a thematic and interpretive, system-wide and inter-jurisdictional comparative approach to the debates and controversies related to the growth of international courts and tribunals. By providing a synthetic overview and critical analysis of these developments from a variety of perspectives, it both contextualizes and stimulates future research and practice in this rapidly developing field.
Torture and Its Definition in International Law
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This book presents an interdisciplinary approach to definition of torture by bringing together behavioral science and international law perspectives on torture. It is a collaborative effort by a group of prominent scholars of behavioral sciences, international law, human rights, and public health with internationally recognized expertise and authority in their field. It represents a first ever attempt to explore the scientific basis of legal understanding of torture and inform international law on various definitional issues by proposing a sound theory- and empirical-evidence-based psychological formulation of torture. Drawing on scientific evidence from the editor's 30 years of systematic research on torture, it proposes a learning theory formulation of torture based on the concept of helplessness under the control of others and offers an assessment methodology that can reduce the element of subjectivity in legal judgments in individual cases. It also demonstrates how this formulation can help understand the nature and severity of ill-treatments in different contexts, such as domestic violence and adverse conditions of penal confinement. Through a learning theory analysis of "enhanced interrogation techniques," it demonstrates not only why these techniques constitute torture but also how they help us understand the contextual defining characteristic of torture in general. The proposed formulation implies a broader concept of torture than previously understood, provides scientific and moral justification for the evolving trends in international law towards a broader coverage of ill-treatments in contexts beyond official custody and points to new directions of expansion of the concept. With a focus on the concepts of shame and humiliation and their evolutionary origin, the book explains why inhuman or degrading treatments can cause as much pain or suffering as physical torture. Although treatment issues are not covered, the book sheds light on potentially effective treatment approaches by offering important insights into psychology of torture.
International Law Frameworks
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This fully revised, classic treatise explores the historical evolution and contemporary intricacies of international law. Still incisive and irreverent, it remains a readable and yet nuanced text for a variety of audiences, including university and law school students, practitioners, researchers, and others who want to know what international law is and what it does in the twenty-first century. The fourth edition features new authorship and weaves in-depth considerations of key cases, core disputes, and essential international agreements into a broad overview of all important aspects of the subject. Readers will find an authoritative discussion of traditional topics such as the sources of international law and the methods of international dispute resolution alongside cutting-edge issues such as cyberwarfare, global migration, climate change, and the evolving law of jurisdiction and immunities in domestic courts.
The Law of Treaties
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Permeating all facets of public international law, the modern law of treaties is a fundamental aspect of governance in the 'democratized' world. In this contemporary introduction, Robert Kolb provides a refreshing study that is both legally analytical and practical.Written in a highly readable style, the book explores the key topics through concise chapters, which are organized into two parts. The first of these gives a structured overview of the law of treaties along with practical examples. The second provides a critical engagement with the underlying issues and discusses the multi-dimensional problems raised by legal regulations, explored through specific case studies.The Law of Treaties: An Introduction will provide valuable insights to scholars and practitioners in the areas of international law, international affairs and international relations. Its clear structure and concise style mean it will also be highly accessible to students.
Global Internet Law
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Global Internet Law Hornbook provides students, practitioners, judges, and policymakers with a comprehensive examination of the most important concepts and methods of this rapidly evolving field of law. Each chapter is a detailed examination of cases, statutes, industry standards, norms, as well as academic commentaries from around the world. While the emphasis is on U.S. developments, each chapter compares U.S. to EU regulations, directives, and conventions, as well as other cross-border Internet law developments from diverse legal systems around the world. This timely and up-to-date Hornbook comprehensively examines Internet technologies, Internet governance, private international law (jurisdiction, choice of law, forum selection and enforcement of judgment), online contacts (mass market, cloud computing service level agreements, social media terms of use software licensing, and e-commerce terms of service),global consumer protection in cyberspace (FTC, state and foreign developments), cybertorts (including CDA Section 230 developments, Internet security, information torts, and negligent enablement), Internet-related privacy (including the EU Data Directive) cybercrimes (including state, federal and international developments), privacy (including extensive coverage of the Data Protection Directive and the General Data Protection Regulation) content regulations (U.S. vs. foreign), copyrights in cyberspace, trademarks and domain names, Internet-related trade secrets and patent law developments. Global Internet law is increasingly important for all lawyers, whether they are policymakers, transactional lawyers, or litigators. This Hornbook is organized around the major issues in each substantive and procedural area of law in the most accessible, contemporary, and effective manner. To help readers come to grips with the necessity of approaching the subject from a transnational perspective, this book surveys the best available U.S. and foreign cases, statutes, and commentaries covering global Internet Law developments.
Global Internet Law in a Nutshell
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Global Internet Law in a Nutshell begins with a review of the history, technology, and competing theories of the Internet that enables a deeper understanding of case law and statutory developments discussed in the substantive chapters. It briefly covers the history of the Internet through the rapidly evolving Web 3.0, competing theories of Internet governance, cyber jurisdiction and enforcement of judgments, choice and conflicts of law, cybertorts, online contracting and licensing including social media terms of use, the protection of online intellectual property assets, global consumer law, the protection of online privacy, criminal liability for Internet activity, and European Community statutes such as the General Data Protection Regulation, E-Commerce Directive, Brussels Regulation, and Rome I Regulation. The Third Edition presents a concise discussion of cloud computing and social media terms of use. Each chapter of this revised edition updates the key cases and statutory developments from the United States, Europe, and around the world. This book is an ideal beginning textbook as well as starting point for most Internet-related research. This short treatise provides a succinct summary of e-commerce law developments around the world.
Cyberspace Law
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This book explores what the American Civil Liberties Union calls the "third era" in cyberspace, in which filters "fundamentally alter the architectural structure of the Internet, with significant implications for free speech." Although courts and nongovernmental organizations increasingly insist upon constitutional and other legal guarantees of a freewheeling Internet, multi-national corporations compete to produce tools and strategies for making it more predictable. When Google attempted to improve our access to information containing in books and the World Wide Web, copyright litigation began to tie up the process of making content searchable, and resulted in the wrongful removal of access to thousands if not millions of works. Just as the courts were insisting that using trademarks online to criticize their owners is First Amendment-protected, corporations and trade associations accelerated their development of ways to make Internet companies liable for their users' infringing words and actions, potentially circumventing free speech rights. And as social networking and content-sharing sites have proliferated, so have the terms of service and content-detecting tools for detecting, flagging, and deleting content that makes one or another corporation or trade association fear for its image or profits. The book provides a legal history of Internet regulation since the mid-1990s, with a particular focus on efforts by patent, trademark, and copyright owners to compel Internet firms to monitor their online offerings and remove or pay for any violations of the rights of others. This book will be of interest tonbsp;students of law, communications, political science, government and policy, business, and economics, as well as anyone interested in free speech and commerce on the internet.
Virtual Law
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Introduces readers to virtual law. This work examines cases and legislation impacting virtual world providers and users, and makes predictions about the future application of the law. It also includes appendices listing in-world and web-based resources for practitioners and legal scholars.
Law of The Internet
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Internet law is changing almost as fast as technology itself -- making it vital to the success of your case that your research is based on all the latest laws and key decisions that interpret them.Law of the Internet is an easy-to-use resource written for busy practitioners like you, with summaries of major cases and statutes, and forms you can adapt to the specifics of your case. Stay ahead of the game with this annually-updated, treatise, which provides comprehensive analysis of legal issues raised by the Internet and insightful commentary on future directions the law may take.
Principles of Employment Law
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This book provides a comprehensive overview of employment law and is a useful supplement to any employment law casebook. The book is divided into seven chapters. Chapter 1 examines who is an employee and who is an employer. Chapter 2 analyzes the employment-at-will doctrine and job security claims. Chapter 3 focuses on privacy, autonomy and dignity. Chapter 4 analyzes claims that employers may have against employees. Chapter 5 discusses employment terms and benefits that are directly mandated by law, like minimum wage, or strongly encouraged or regulated by law, such as pensions. Chapter 6 examines workplace health and safety. Finally, Chapter 7 discusses the expanding role of arbitration in the resolution of employment disputes.
Employment Law in a Nutshell
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This Nutshell provides an overview of individual employee rights and responsibilities. It addresses a number of areas, including establishing and ending the employment relationship, protection of employee privacy and reputation, discrimination, regulation of wages and hours, employee physical safety, fringe benefits, and employee duties of loyalty. This edition includes a substantially revised treatment of discrimination law, expanded discussion of employment-based health care, and takes into account a number of recent Supreme Court decisions and the use of executive orders. It further addresses how employment law directly impacts the modern economy, discussing how this area of the law effects on-demand workers in the technology sector.
Workers' Compensation and Employee Protection Laws in a Nutshell
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This compact, comprehensive reference guide covers workers compensation and employee protection laws, stressing the rights and duties of both the employer and the employee in the workplace. The text pays special attention to the laws that protect the employee and answers the most common workers compensation questions asked by students and lawyers. It is ideal both for use as a student study aid or review for the practitioner.
Employment Discrimination Law, Visions of Equality in Theory and Doctrine
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This book provides an introduction to the field of employment discrimination law, both at the abstract level of theory and at the concrete level of doctrine. It is as much an introduction for experienced lawyers and scholars who come to this field with a thorough knowledge of other aspects of the law as for law students who have just begun preparing for their careers. The leading decisions of the Supreme Court receive a comprehensive analysis, in terms both of theory and doctrine, putting them in the context of the relevant statutory provisions and other judicial decisions. This book offers three different theoretical perspectives-based on history, economics, and critical social theory-to explain both the complexities and the tensions inherent in existing law. The new edition of this book addresses several major developments in the field. Liability for retaliation has largely expanded under Title VII and other statutes, some of which do not explicitly prohibit this form of discrimination. The Supreme Court continues to refine the requirement of proof of intentional discrimination in individual cases, relying outside of the main prohibitions in Title VII on a test of "but for" causation. In class actions, the decision in Wal-Mart Stores, Inc. v. Dukes has redefined the circumstances in which a class action can be certified and re-examined how the procedural requirements for certification interact with the merits of the plaintiff's claims. Affirmative action has come under renewed scrutiny in two decisions by the Supreme Court in Fisher v. University of Texas, resulting in ambivalent signals about the standards for assessing the constitutionality of affirmative action plans. The Court's decisions on gay marriage have implications for the coverage of the laws against employment discrimination, as revealed by recent controversies over transgender rights. All of these major developments, and others as well, are covered in the new edition of this book.
Federal Law of Employment Discrimination in a Nutshell
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This text is designed to help students - both law and undergraduate - achieve a basic understanding of this complex area of the law and provide practitioners with an up-to-date review. The text focuses on Title VII of the Civil Rights Act of 1964 (race, national origin, sex, and religious discrimination), the Age Discrimination in Employment Act, and the Americans with Disabilities Act as applied to the workplace. The book addresses the method of proving violations, both disparate treatment and disparate impact analysis, including a brief primer of statistical proof, as well as the defenses to the express use of proscribed classifications. Finally, the book provides a quick reference to the complex procedural and remedial provisions of the statutes.
Cases and Materials on Employment Discrimination
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The best-selling Cases and Materials on Employment Discrimination blends cases, notes, and problems into an integrated pedagogy that balances scholarly and practice perspectives. The authors (prolific, highly visible scholars in the field) build a conceptual framework for understanding how discrimination is defined and proven in litigation. The text allows professors to explore particular interests more deeply and permits them to take not only a litigation approach but also compliance, investigation, and counseling perspectives characteristic of modern practice. The broad coverage integrates scholarship with legal doctrine drawn from statutes and judicial decisions. The useful Statutory Supplement is available for separate purchase. The Eighth Edition introduces new Supreme Court cases, including Wal-Mart, Staub v. Proctor Hospital, North American Stainless, and Hosanna-Tabor. The disabilities chapter has been revised in light of the Americans with Disabilities Act Amendments. A new chapter deals solely with retaliation to reflect the heightened importance of such protection. Notes have been streamlined to enhance student accessibility. Features: best-selling title, with an integrated pedagogy that balances scholarly and practice perspectives authorship--prolific scholars highly visible in the conceptual framework shows how discrimination is defined and proven in litigation designed to allow teachers to take not only a litigation approach but also compliance, investigation, and counseling perspectives integrates scholarship with legal doctrine drawn from statutes and judicial decisions Statutory Supplement--available for separate purchase Thoroughly updated, the revised Eighth Edition presents: integration of new Supreme Court cases Wal-Mart, Staub v. Proctor Hospital North American Stainless Hosanna-Tabor revised of disabilities chapter reflects the Americans with Disabilities Act Amendments new chapter on retaliation in light of the heightened importance of such protection streamlined notes for enhance accessibility
Labor Law in a Nutshell
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This comprehensive guide reviews the early regulations set up to guide employee-employer relations and provides a snapshot of the structure and procedures of the modern-day National Labor Relations Board (NLRB). Expert commentary offers insight into primary legal issues such as picketing, employer responses, and the duty to bargain.
Larson on Employment Discrimination
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The Premier Analytical Work On The Subject Of Job-Related Discrimination. Protect The Interests Of Your Clients With Case-Winning Legal Authority. Comprehensive coverage that keeps pace with the continuing evolution of the law relating to employment discrimination based on race, sex, religion, national origin, age, disability and union membership. Stay Current With Employment Discrimination. With its breadth of coverage, detail, depth of analysis and accessibility of information, Employment Discrimination has no equal. Rely On The Leading Authorities In The Field Of Employment Discrimination. Packed with incisive analysis of applicable law, and perfectly in tune with today's workplace issues, this is the illuminating reference you need no matter which side of the courtroom you're on.
Labor and Employment Law
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Labor and Employment Law is the definitive and complete guide to labor and employment law. It is the only work of its kind, providing comprehensive coverage, both federal and state, from A to Z, in one reource. It includes quality analysis on all aspects of labor and employment law, from well-known topics such as union elections and sexual harassment, to lesser understood subjects like employment arbitration, wage and hour law, and employee privacy.Written by authorities in the field of labor and employment, such as Lex Larson, Peter Lareau, and Jonathan Mook, Labor and Employment Law is an indispensable practice guide for anyone needing concise and authoritative analysis in one easy-to-navigate publication.Subjects covered include:* Labor Law* Employment Discrimination* Americans with Disabilities Act* Pensions and Benefits* Family and Medical Leave* Wages and Hours* Occupational Safety and Health* Labor and Employment Arbitration* Employment At-Will* Privacy* Employment Contracts
Labor & Employment Law: Compliance & Litigation
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Recent developments in this update to Labor and Employment Law: Compliance and Litigation
Local Government, Land Use, and the First Amendment
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This book is an re-mastered, retooled version of the ABA publication "Protecting Free Speech and Expression: The First Amendment and Land Use Law" which was published by the ABA. The book contains some theoretical discussion of First Amendment law as it pertains to land use issues (e.g. sign and billboard regulation, regulation of artwork and aesthetics, regulation of religious land uses, regulation of adult businesses, etc.), but also provides information which will be relevant to practitioners, and will include some regulatory strategies and case studies. In order to strategically illustrate their points, the authors included cases as source material.
Ferguson's Fault Lines
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In almost every highly publicized case of police using deadly force and killing unarmed individuals, the person killed was an African American male. These incidents have caused dramatic erosion in public confidence in the justice system and America s promise of equal treatment under the law. Minority communities lack confidence in our judicial system. First, we must recognize our own biases. We all have them. No one is exempt. The biggest challenge, however, is to figure out what we do once we recognize them. For those working in the justice system, from police to prosecutors and judges, and yes, even public defenders, the consequences have broad, far-reaching, and sometimes even fatal consequences."
Local Government Law
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This new edition continues the emphasis of prior editions on such topics as the relationship of local governments to state and federal governments; the needs of local governments for territory, for personnel, and for adequate financing; and the principal activities and possible liabilities of local government. There is increased attention to land use control, an area of growing activity on the part of institutions, ranging from the U.S. Supreme Court to local zoning boards. This includes material not found in some books in this field, on such important concepts as "smart growth," "new urbanism," and "regulatory takings."
Social Media and Local Governments
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Social media offers tremendous opportunities in the public sector. Governmental entities can use it to communicate with the public, interested stakeholders, and each other. The promise of greater transparency and public participation, however, is not without risk. Local governments must consider the reliability and source of posted information, professional ethical obligations, and a host of other legal issues. Social Media and Local Governments provides practical information to government attorneys and officials in their use of social media in the government context. The authors provide concrete examples of how communities across the country implement social media; explore First Amendment issues, Sunshine Laws, and copyright and privacy concerns, among other legal considerations; examine public employee usage of social media, whether at or away from the workplace; and explore ethical issues faced by public officials. The book concludes with sample social media policy forms and a checklist for creating and implementing a new social media policy.
Reynolds' Local Government Law
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This new edition continues the emphasis of prior editions on such topics as the relationship of local governments to state and federal governments; the needs of local governments for territory, for personnel, and for adequate financing; and the principal activities and possible liabilities of local government. There is increased attention to land use control, an area of growing activity on the part of institutions, ranging from the U.S. Supreme Court to local zoning boards. This includes material not found in some books in this field, on such important concepts as "smart growth," "new urbanism," and "regulatory takings."
Home Rule in America
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Home rule powers are essential parts of the American governing process, but they vary widely from state to state. This authoritative reference work examines the powers and functions of municipalities and counties that operate under home rule within each state. For example, the ability of a local municipality to raise taxes, annex land, or impose regulations is determined by their home rule powers from the states.′′′′′′This volume provides a reliable reference work for researchers and students - a single source that readers can trust for information about:′′The actions that local governments can - and cannot - pursue′′States where power is centralized at the capital and where it is not′′How home rule varies within each state by governmental function′′Trends in important issues such as taxes, land annexation, and citizen access.′′′′The editors organized the book in three parts: an overview of American home rule, including its history; a state-by-state description of home rule authority; and a comparative appendix that allows readers a quick reference source of powers by state.′′′′A scholar or governmental expert was selected in each state to prepare the state descriptions. Each chapter follows the same outline of content that allows easy comparison between states.′′′′In an era of power and responsibilities devolving from the national government to states and localities, the use of home rule powers has become increasingly important to the health of American government and federalism. Researchers and interested citizens will benefit from this comprehensive reference.′′′′Home Rule in America was directed by Dale Krane of the department of public administration, University of Nebraska, Omaha; Platon N. Rigos, department of government and international affairs, University of South Florida; and Melvin Hill, the Vinson Institute of Government, University of Georgia.′′′′
McQuillin: The Law of Municipal Corporations
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This publication provides expert coverage of all aspects of municipal law, quick access to materials via a uniform decimal numbering system, and majority and minority positions with federal and local case annotation, arranged by jurisdiction. It also provides assistance in conducting additional research or for conducting complex litigation, with official and parallel citations and detailed footnotes.
Antieau on Local Government Law
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Antieau on Local Government Law continues the comprehensive treatment of local government law begun when this publication was first written more than 40 years ago by Chester James Antieau, one of the nation's leading experts on local government law and civil rights. Newly revised and completely updated, the treatise provides a current and complete perspective on municipal corporations, as well as independent local government entities, and counties, adding emerging topics such as telecommunications, while still covering the same broad subject areas with which users have become accustomed
The New Legal Realism: Volume 1
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This is the first of two volumes announcing the emergence of the new legal realism as a field of study. At a time when the legal academy is turning to social science for new approaches, these volumes chart a new course for interdisciplinary research by synthesizing law on the ground, empirical research, and theory. Volume 1 lays the groundwork for this novel and comprehensive approach with an innovative mix of theoretical, historical, pedagogical, and empirical perspectives. Their empirical work covers such wide-ranging topics as the financial crisis, intellectual property battles, the legal disenfranchisement of African-American landowners, and gender and racial prejudice on law school faculties. The methodological blueprint offered here will be essential for anyone interested in the future of law-and-society.
A Republic of Law
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The rule of law is a valuable human achievement. It is valuable not only instrumentally, but also for its own sake as a significant aspect of social justice. Only in a society that enjoys the rule of law is it possible for people to regard one another as fellow free citizens; no one the master of anyone else. Nevertheless, the rule of law is poorly understood. In this book, Frank Lovett develops a rigorous conception of the rule of law that is grounded in legal positivism, and offers a civic republican argument for its value in terms of freedom from domination. Bridging persistent methodological gaps that divide legal philosophy, social science, and political theory, Lovett demonstrates how insights from all three can be united in a single powerful theory. This book will appeal to anyone interested in the rule of law, including scholars, legal officials, and policy makers.
The Natural Law Reader
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The Natural Law Reader features a selection of readings in metaphysics, jurisprudence, politics, and ethics that are all related to the classical Natural Law tradition in the modern world. Features a concise presentation of the natural law position that offers the reader a focal point for discussion of ancient and contemporary ideas in the natural law tradition Draws upon the metaphysical and ethical categories put forth and developed by Aristotle and Aquinas Points to the historical significance and contemporary relevance of the Natural Law tradition Reflects on a revival of interest in the tradition of virtue ethics and human rights
Natural Law and Natural Rights
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Natural Law and Natural Rights is widely recognised as a seminal contribution to the philosophy of law, and an essential reference point for all students of the subject. This new edition includes a substantial postscript by the author responding to thirty years of comment, criticism, and further work in the field.
Limiting Leviathan
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Thomas Hobbes wrote extensively about law and was strongly influenced by developments and debates among lawyers of his day; he is considered by many commentators to be one of the first legal positivists. Yet there is no book in English that focuses on Hobbes's legal philosophy. Larry May seeks to fill the gap in the literature by addressing Hobbes's legal philosophy directly, and comparing Leviathan to the Dialogue, as he offers a newinterpretation of Hobbes's views about the connections among law, politics, and morality. He argues that Hobbes is much more amenable to moral, and even legal, limits on the law than he is often portrayed, and shows that Hobbes'sviews can provide a solid grounding for the rules of war and international relations.
Reading HLA Hart's 'the Concept of Law'
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More than 50 years after it was first published, The Concept of Law remains the most important work of legal philosophy in the English-speaking world. In this volume, written for both students and specialists, 13 leading scholars look afresh at Hart's great book.Unique in format, the volume proceeds sequentially through all the main ideas in The Concept of Law: each contributor addresses a single chapter of Hart's book, critically discussing its arguments in light of subsequent developments in the field. Four concluding essays assess the continued relevance for jurisprudence of the 'persistent questions' identified by Hart at the beginning of The Concept of Law. The collection also includes Hart's 'Answers to Eight Questions', written in 1988 and never before published in English.Contributors include Timothy Endicott, Richard HS Tur, Pavlos Eleftheriadis, John Gardner, Grant Lamond, Nicos Stavropoulos, Leslie Green, John Tasioulas, Jeremy Waldron, John Finnis, Frederick Schauer, Pierluigi Chiassoni and Nicola Lacey.
Critical Jurisprudence
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Provocative, engaging and insightful, Critical Jurisprudence challenges the reader to question dominant readings of the law, tracing a tradition of critical thought that has always haunted the orthodoxy. This work departs from the usual debates that dominate jurisprudence. Its key thesis is that the entire jurisprudential tradition needs to be re-assessed. The book offers an exploration of the work of philosophers and social and political theorists whose work has not traditionally been seen as jurisprudential. Offering an introduction and interpretation of thought that has been criticized or dismissed as obscure, the book argues that law has always been at the heart of philosophy and social theory, but that it is necessary to expand the jurisprudential canon; to take the subject out of its self imposed ghetto, and to open dialogues between traditions seen as irreconcilable. This allows a radical rethinking of the nature of rights, justice, sovereignty and other foundational concepts. The law's complicity with political oppression, violence and racism has to be faced before it is possible to speak of a new beginning for legal thought, which in turn is the necessary precondition for a theory of justice.
Ethical Problems in the Practice of Law
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Ethical Problems in the Practice of Law, Concise Fourth Edition is the briefer version of Lerman and Schrag's highly successful problem-based textbook that offers a contemporary and thoughtful approach to challenging ethical dilemmas, encouraging deep analysis and lively class discussion. Key Features: Succinct and accessible explanation of lawyer law in question and answer format Numerous problems based on actual cases, in which students must analyze the ethical and strategic issues as if they were practicing lawyers Focus on issues that students are most likely to face in their early years of practice Stimulating presentation of materials, including cartoons, tables, and photos New to the Fourth Edition: Updates of countless recent developments in lawyer law, including the amendments to Rules 1.6, 1.18 and 8.4 Up-to-date discussions of how the Internet is affecting law practice, including the use of e-mail and social media Engaging two-color design New chapter on the changing legal profession Reorganized so that the chapters match the practice MPRE questions in Lerman, Schrag, and Gupta's Ethical Problems in the Practice of Law: Model Rules, State Variations and Practice Questions.
Legal Ethics in a Nutshell
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Many law professors aim to probe deep ethical issues in class. But they also need to cover the material that the Multistate Professional Responsibility Examination requires. The Rotunda Nutshell fulfils that need as it digests the Model Rules in an engaging, analytical, and often critical way. In a surprisingly pithy manner, this book places the Rules in an historic context that lets the student understand problems with prior versions of the Rules, which led to the present version. The Nutshell also analyzes the American Law Institute's Restatement of the Law Governing Lawyers, Third. This approach frees up precious class time for important normative issues. And, this Nutshell helps your students come up with better answers to your Socratic questions than you anticipated. This book has proved so popular as an explanation of the basic principles of legal ethics that it has been translated into Japanese and used there to teach American legal ethics.
Legal Ethics, Professional Responsibility, and the Legal Profession
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As the legal profession undergoes structural changes, longstanding principles of ethics still govern the day-to-day lives of practicing lawyers. This new Hornbook on professional responsibility provides both a snapshot of ongoing systemic changes and a thorough examination of the fundamentals of lawyer and judicial ethics. As a multi-dimensional work by scholarly experts in several fields, the Hornbook (1) begins with the changing environment in which legal services are provided in the modern economy; (2) continues with a theoretical grounding of legal ethics in moral philosophy; (3) offers empirical evidence and discussion about professional formation and moral development; (4) provides a comprehensive analysis of the law of lawyer ethics; (5) includes a rich discussion of the modern law of legal malpractice, and (6) concludes with exploration of the rules of judicial ethics.
Hillman on Lawyer Mobility
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Lawyer mobility in perspective -- The ethics of lawyer mobility -- Tort and agency law perspectives -- Law firms as partnerships -- Alternatives to partnership: professional corporations and llcs -- Legal and ethical considerations when combining law firms -- Integration -- Downsizing the law partnership -- The impact of law firm insolvency on lawyer mobility -- The planning perspective : risk management in an era of breakups and lawyer mobility.
Understanding Lawyers' Ethics
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This Understanding treatise analyzes the fundamental issues of lawyers' ethics and the ABA's Model Rules. It is designed to facilitate a real understanding of legal rules as distinguished from a superficial familiarity with them by challenging the reader to test their understanding of the legal rules against the reader's own moral standards and reasoned judgment. The fifth edition includes new chapters on Lawyers' Ethics in a Time of Crisis and Counseling Clients, Coaching Witnesses, and Cross-Examining to Discredit the Truth, and substantial updates on Judicial Ethics and more.
Annotated Model Rules of Professional Conduct
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Issued by the Standing Committee on Ethics and Professional Responsibility of the American Bar Association.
Ethical Problems in the Practice of Law
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An indispensable tool for students taking courses in professional responsibility, this book contains only the essential resources: the ABA Model Rules of Professional Conduct and the official comments; a selection of the most distinctive state variations; and 116 practice questions, in the format used in the Multistate Professional Responsibility Examination (MPRE), together with answers and detailed analyses.This volume includes: The ABA Rules of Professional Conduct, with official comments, as issued through August, 2014. A carefully selected compilation of variations found in state ethics codes. Each variation was chosen to demonstrate a policy choice made by a state that departed from the ABA's suggested model. The purpose is to enable students to compare certain state rules with the Model Rules and to better understand the policy choices reflected in the ABA Model Rules. Italicized words and additional notes in the state variations, to highlight the differences between the variations and the Model Rules. 116 original practice questions, organized into 14 topics, in the multiple-choice format used by the MPRE, so that students can test their understanding of each topic studied in the course. Detailed narrative analyses of the answer to each question, explaining why one choice is correct, and why each incorrect answer is not correct
Professional Responsibility
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Appropriate for students in any Professional Responsibility course, this study aid is structured around concepts, so it doesn't feel like a march through the Model Rules of Professional Conduct. Not only does it have the proven pedagogy of the E & E series, it is also comprehensive and well balanced. Comprehensive, covers entire law governing lawyers Thoroughly revised to enhance clarity Revised to take account of changes to the Model Rules made by the ABA's Ethics 20/20 Commission Includes agency, fiduciary duty, tort, contract, constitutional, and corporate and securities PR Up to date and accessible; presents balanced approach to controversial issues
Professional Responsibility
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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 Twelfth 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. Since the last edition, published in 2011, the law has changed considerably. There have been: substantial changes in the ABA Rules of Professional Conduct adopted from the proposals of the ABA Ethics 20/20 Commission. Such changes include modifications to the confidentiality rules, the rules governing outsourcing, the choice of law regarding which professional responsibility rule to use, and provisions addressing contact with prospective clients. a complete update reflecting the significant changes in the legal profession that have affected law firms, lawyers, and law students. a substantial revision of the material dealing with advertising and solicitation. new court decisions and ethics opinions -- in particular, dealing with conflicts of interest, imputed disqualifications, and ethics related to the internet, chat rooms, electronic discovery, etc.
The Trouble with Lawyers
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By any measure, the law as a profession is in serious trouble. Americans' trust in lawyers is at a low, and many members of the profession wish they had chosen a different path. Law schools, with their endlessly rising tuitions, are churning out too many graduates for the jobs available. Yetdespite the glut of lawyers, the United States ranks 67th (tied with Uganda) of 97 countries in access to justice and affordability of legal services. The upper echelons of the legal establishment remain heavily white and male. Most problematic of all, the professional organizations that could helpremedy these concerns instead jealously protect their prerogatives, stifling necessary innovation and failing to hold practitioners accountable.Deborah Rhode's The Trouble with Lawyers is a comprehensive account of the challenges facing the American bar. She examines how the problems have affected (and originated within) law schools, firms, and governance institutions like bar associations; the impact on the justice system and access tolawyers for the poor; and the profession's underlying difficulties with diversity. She uncovers the structural problems, from the tyranny of law school rankings and billable hours to the lack of accountability and innovation built into legal governance - all of which do a disservice to lawyers,their clients, and the public.The Trouble with Lawyers is a clear call to fix a profession that has gone badly off the rails, and a source of innovative responses.
Legal Ethics-The Lawyer's Deskbook on Professional Responsibility
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Legal Ethics-The Lawyer's Deskbook on Professional Responsibility, by Ronald D. Rotunda, provides commentary on the ABA's Model Rules of Professional Conduct, as well as references to current case law and the Restatement of the Law 3d - The Law Governing Lawyers.
ABA Annotated Model Rules of Professional Conduct
ABA Annotated Model Rules of Professional Conduct contains the rule accompanied by commentary and annotations.
Restatement of the Law - The Law Governing Lawyers
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The full text of Restatement of the Law Third-The Law Governing Lawyers, which covers the common law applicable to the legal profession: regulation of the profession; the client-lawyer relationship, including the financial and property relationship; lawyer civil liability; confidential client information; representing clients, especially in litigation; and conflict of interest. A document is a section, general materials, or note. Section documents contain the black letter Restatement, Illustrations, Reporter's Notes, and Commentaries. Additionally, if a Restatement section has been updated with subsequent case citations, a "Link to Case Citations" link will appear at the top of the document. Taking this link will redirect the user further down in the document to a chronological list of cases that have cited the Restatement section.
Principles of Property Law
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Cases and statutory law are updated and the material reorganized; conforms with modern law school courses in real property. Chapters open with brief outlines of the law encompassed within, providing an overview of rules in that area. This is followed by a series of factually-based problems designed to generate thoughts about how these rules could be applied in real life situations. Chapters then discuss statements of applicable law and analysis of legal issues raised, plus likely outcomes and current citations of the various laws.
Real Property in a Nutshell
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This concise work discusses most rules covered in real property casebooks. The text is divided into three sections. Part One provides an overview of property interests by covering lost v. mislaid v. abandoned property, adverse possession, gifts, common law estates, future interests, landlord-tenant law, concurrent ownership, marital property rights, easements, profits, licenses, real covenants, and equitable servitudes. Part Two covers conveyancing, including real estate brokers, contracts of sale, deeds, recording, title insurance, and mortgages. Part Three covers a variety of property rights and liabilities, including airspace, water rights, the right to support, agreed boundaries, fixtures, trespass, nuisance, and land use regulation.
Moynihan's Introduction to the Law of Real Property
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This classic monograph presents a simple, concise and readable text of the history of the English common law scheme of estates in land, including future interests, and the scheme's importation to the United States. The text specially treats the types of interests a person can hold in land today and the associated legal rules that affect those interests. The text is peppered with many review problems to assist the reader in learning the material in the monograph.
The Law of Property
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This title is a comprehensive, one-volume introduction to the modern law of real property. Each chapter begins with an overview of rules and concepts, followed by a series of problems and exercises designed to demonstrate how the rules and concepts apply in real situations. Each problem is followed by a comprehensive analysis of the legal issues raised, including citations of the relevant cases and statutes. This edition has been fully updated to reflect current developments.
Estates in Land and Future Interests
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Estates in Land and Future Interests combines graphics, text boxes, and pedagogical techniques especially helpful to visual learners to teach the basics of estates and future interests, a particularly confusing subset of first-year property. One central graphic--a flow chart used to identify the state of the title after a particular conveyance--links various estates to the future interests that follow them. The complete flow chart appears on the inside back cover for easy reference. The text's step-by-step, process approach breaks up analytical tasks into smaller pieces, reducing the degree to which students get lost in the material. Written in clear, simple language, with short paragraphs and chapters, Estates in Land and Future Interests features an open, attractive design enhanced by graphics to make the material easier to understand. Students are given a variety of opportunities to actively engage the material with problem sets and answers, study questions, and practice exercises. A vocabulary appendix helps them quickly and easily review terms easily. An exact match to the coverage in Dukeminier and Krier's Property, Estates in Land and Future Interests is a perfect companion to Aspen's popular casebook. The Fourth Edition features expanded explanations for the Study Questions throughout the book. Features: combines graphics, text boxes, and pedagogical techniques to teach the basics of estates and future interests, a particularly confusing subset of first-year property uses one central graphic--a flow chart identifies the state of the title after a particular conveyance links various estates to the future interests that follow them complete flow chart appears on the inside back cover for easy reference step-by-step, process approach to break up analytical tasks into accessible pieces written in clear, simple language, with short paragraphs and chapters features an open, attractive design enhanced by graphics provides opportunities for students to actively engage the material problem sets and answers study questions practice exercises a vocabulary appendix helps students easily and quickly review terms exactly matches Dukeminier and Krier's coverage--a perfect companion to the popular casebook.
The Law of Property
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The book supports and supplements students' understanding of property and its role in the law school curriculum. It provides a firm foundation for doctrinal analysis, but its emphasis is on those important concepts that illuminate the doctrine. The book therefore explores important insights from law and economics, philosophy, and history, helping students develop fluency in both the form and substance of mainstream arguments from these various perspectives. The book is organized around three main themes: acquiring property, dividing property, and limiting rights in property. It can be used in conjunction with any of the leading property casebooks.
Powell on Real Property
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Powell on Real Property is the definitive real property treatise you've been looking for.Includes The Supreme Court Update, an annual review of Supreme Court cases affecting real property interests written by General Editor Michael Allan Wolf. A Treatise for the Twenty-First Century, Updated 4 Times a Year. Each update to the treatise contains expert analysis and includes Powell in the Courts, a quarterly analysis of recent case law citing Powell written by General Editor Michael Allan Wolf. Powell Now Contains New Analysis of Complex Property Issues Related to Rails-to-Trails. Some of the most contested property disputes of the late twentieth and early twenty-first centuries have concerned the conversion of railroad corridors to public uses such as recreational trails. Such disputes are the subject of new Chapter 78A, Rails-to-Trails: Conversion of Railroad Corridors to Recreational Trails, written by Professor Danaya C. Wright.Green Buildings. Why do real estate attorneys need to know about them? Powell General Editor Michael Allan Wolf explains in new Chapter 78B, Green Buildings, as he explores the green building phenomenon--the forces coming together to integrate building design and construction practices furthering energy efficiency, resource conservation, and the protection of the environment.Authoritative Coverage.The work on all aspects of real property law that the courts look to and cite. Powell's authoritative, national coverage includes unmatched in-depth analysis of the pertinent case law, statutes, and regulations. Its over 130 chapters and several practice guides cover the gamut of real estate issues with clear explanations of the current law. Examples of topics include: * Americans with Disabilities Act: public accommodations and commercial facilities * effect of bankruptcy law on real property transactions and interests condominiums, cooperatives, homeowner associations, and timesharing conveyancing * deeds, recording acts, and title insurance * easements, licenses and restrictive covenants * eminent domain * landlord and tenant law * land use planning and regulation * mortgages, liens and foreclosures * tax aspects of real estate transactions and investments * effect of telecommunications laws on real property interests * property disputes related to conversion of railroad corridors to recreational trails and other public uses ("rails-to-trails") * green buildings Written and updated by leading authorities and practitioners from across the nation. Statements of law are supported by abundant citations to statutes, regulations, case law, law review commentary, and more. For more than half a century, Powell on Real Property has been the one source to turn to for the answers to real property law questions in America. With its unparalleled breadth AND depth of coverage, it still is.
Nichols on Eminent Domain
Nichols on Eminent Domain is the most authoritative resource in the field ofeminent domain since 1909. It answers practically every question on eminentdomain. This definitive treatise on the law of eminent domain discusses:* the origin, characteristics, nature and extent of the power of eminent domain* valuation and damages* preparation of claims and negotiations* the passing of ownership and the nature of the title acquired The publication guides you on every aspect of valuation.
Broker-Dealer Regulation in a Nutshell
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This title is designed to provide an introduction and overview of broker-dealer regulation in the securities markets. It covers broker-dealer front office and back office issues as well as market regulation generally. It gives you an understanding of basic concepts and the underlying regulatory scheme, providing an explanation of broker-dealer regulation generally, sales practices, analysts' conflicts of interest, civil liabilities, and arbitration. This title also provides an overview of industry self-regulation under FINRA (the Financial Industry Regulatory Authority).
Accounting and Finance for Lawyers in a Nutshell
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This product provides a well-rounded summary of the relevant accounting areas from basic financial statements to complex earnings-per-share ratios and corporate finance and valuation. Learn how to recognize revenue, expenses, assets, and liabilities. It reviews accounting principles for many different areas, including acquisitions, investments, long-term debt, leases, stocks, and partnerships. It also discusses recent developments such as adoption of new requirements to place most operating leases on the lessee's balance sheet, a new principles based approach to accounting for revenue, refinements in the accounting for stock options, and revised rules for applying the lower of cost or market rule to inventory.
The Law of Securities Regulation
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Revised to reflect the SEC's the Dodd-Frank and JOBS Acts as well as recent Supreme Court and other case law developments, this Hornbook is totally up to date. It is a comprehensive secondary source for the study of Securities Regulation. Coverage includes definition of "security," registration and disclosure obligations under the Securities Act of 1933, exemptions from registration, reporting obligations under the Securities Exchange Act of 1934, the proxy rules, tender offer regulation, and civil liabilities. The book treats broker-dealer regulation, market regulation, and the administrative role of the SEC, as well as proxy rules, insider trading, the Investment Company Act and the Investment Advisers Act. The up-to-date discussion of market regulation includes discussion of the role of FINRA, the successor to the regulatory arms of the New York Stock Exchange and the National Association of Securities Dealers.
Principles of Securities Regulation, Revised
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This title includes the most recent developments in securities regulation in an accessible format, including the JOBS Act. Authoritative coverage includes the registration process; exemptions; corporate recapitalizations, reorganizations, and mergers; market manipulation; liabilities; Securities Exchange Act of 1934; jurisdictional aspects; broker-dealer regulation and an overview of investment company regulation. This Revised 4th Edition updates the 4th Edition to include recent legal developments regarding insider trading and SEC administrative proceedings, as well as some editorial revisions.
Securities Litigation and Enforcement in a Nutshell
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The new Securities Litigation and Enforcement Nutshell focuses on an area of law that burgeoned more than a decade ago after the accounting and corporate governance scandals at Enron, WorldCom, and other large companies and then continued to expand with the 2008 financial crisis and subsequent legislation, including the Dodd-Frank Act of 2010 and the JOBS Act of 2012. The Nutshell examines private, SEC, and criminal enforcement of the federal securities laws, with an emphasis on the elements that establish securities fraud, and the doctrinal and practical issues that typically emerge in prosecuting or defending such claims.
Corporate Finance
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This Hornbook is an indispensable resource for both legal practitioners focusing on business and finance as well as students taking classes in business associations, corporate finance and mergers and acquisitions. The book expertly lays out the fundamentals of corporate finance from a legal and business perspective in a manageable, user-friendly manner. The author highlights how accounting, finance and corporate law intersect and operate synergistically. The book provides an in-depth analysis of how the law affects both equity securities (common stock and preferred stock) and debt securities (bonds, debentures and notes), as well as a company's capital structure generally.
Securities Regulation in a Nutshell
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This title will help you acquire an understanding of the basic content and organization of federal and state securities law. It provides a summary of an intricate regulatory system. An authoritative summary, it covers the essential background and current status of each major area, while keeping details and citations to a minimum. It discusses the regulations governing public offerings, public companies, exemptions from SEC disclosure requirements, securities broker-dealers, as well as investment companies and investment advisers. It also explores sanctions, civil liabilities, and extraterritorial application, the Dodd-Frank Act as well as the JOBS Act, including the crowdfunding and expanded Regulation A exemptions.
Securities Practice Guide
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The Securities Practice Guide is meant to be a practical task-based guidebook to aid the attorney through the various steps of a securities transaction, enhanced by practice tips, strategic tips, timing tips and lexis search tips to name a few features. The expert authors from K&L Gates LLP overseen by General Editors Lorraine Massaro and Robert Zinn are producing this practice guide in stages beginning with Chapters 1,2, 5, 6 and 11. Throughout 2009, more chapters will be added until the entire Securities Practice Guide is written. There will be 11 chapters in the finished title.
Fundamentals of Securities Regulation
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Fundamentals of Securities Regulation, Sixth Edition gives you quick access to the law of securities regulation as derived from the eleven-volume, landmark treatise Securities Regulation. This consolidated, two-volume set distills the essence of Loss, Seligman, and Paredes’ master work into a 2,300-page authoritative resource that reviews and analyzes the most significant aspects of securities regulation.
Handbook on Global Social Media Law for Business Lawyers
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"This handbook deals with social media laws and related governance principally in the United States (including a separate chapter on records management within the context of social media), while providing the reader with ample coverage of key global regions, including Canada, the European Union, Australia, and Asia."--
The Social Media Marketing Blueprint for Lawyers
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Have you thought about marketing your professional services on social media, but didn't know how to begin? Did you think: I already have a personal profile on Facebook and my account on LinkedIn, should I use those? Do I really need to know about Twitter and Instagram, or are those just for kids? Dipping your toes into the social media waters can be an overwhelming step for many professionals, especially when you consider the ethical issues involved with advertising and the need for constant vigilance for reputation management in the digital age. Practicing attorney and social media enthusiast, Anthony Marrone, sought to solve those problems for his own law practice, and in doing so wrote a book, which draws together his research and provides concrete examples of how to use social media in your law practice. In exploring the social media field he quickly realized there is not a lot of guidance to attorneys for using these platforms as marketing tools. The books covers a wide-range of topics and there are actionable steps that the novice and the expert social media user can utilize to generate an increased following on any social media platform. Likewise, the book can be used as a manual for solo practitioners who may have a general law practice or a niche, or by big firm legal marketers looking to gain an edge on their competitors by helping their firm generate top-notch social media content. Some of the things you’ll learn include: * Creating unique and engaging content for all social media platforms; * Establishing a social media plan to consistently and regularly market your practice; * Complying with all ethical rules and regulations while getting ahead of your competition using the latest industry trends. Whether you are a social media novice, or consider yourself an expert looking to pick up the newest techniques and trends, learn how to market yourself and your law firm using ethically appropriate social media marketing strategies proven successful by some of the biggest companies in the world.
McGrady on Social Media and the Metaverse
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This must-have resource provides a framework to help you understand important questions in this rapidly-evolving area of law. It covers the impact of various laws on social media, such as copyright and communications, to aid the creation of social media policies.Designed to provide an appreciation for the various issues raised by social media, this publication presents practical insight into the specific ways that certain platforms address those issues. The fairly broad scope of issues and platforms will serve as a starting point for research and also for the "quick answers" to recurring questions raised by clients.Written for the busy practitioner, chapters contain Practice Notes setting out important take-aways and practical implications.
The Law of Virtual Worlds and Internet Social Networks
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Virtual worlds are the latest manifestation of the internet's inexorable appetite for development. Organisations of all kinds are enthusiastically pursuing the commercial opportunities offered by the growth of this phenomenon. But if you believe that there are no laws which govern internet social networks and virtual worlds this book will persuade you otherwise. There is law, and a good deal of it. Why would there not be? As with many other aspects of the world wide web, this new medium is unregulated and offers many opportunities for companies to damage their reputation, run into a whole host of problems relating to intellectual property, trade marks and copyrights, and compromise the rights of individuals participating within the virtual environment. By reading The Law of Virtual Worlds and Internet Social Networks you will gain a good understanding of the legal issues which govern this expanding and fascinating world - are you ready for the leap from internet plaything to meaningful social and business tool? The Law of Virtual Worlds and Internet Social Networks is an essential reference for advertising and media agencies; television broadcast producers; academic institutions including university law, knowledge and information departments. In fact, it has been written for anyone interested in virtual worlds and social networks whether commercially because you want to explore the possibilities such environments present, or for academic curiosity.
Social Media Law
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Social Media Law examines social and new media issues through the lens of law and policy. With the recent explosion in social networking and the use of social media and new media, it is essential for attorneys and law students to understand the trends in these new platforms when advising clients of the potential risks and pitfalls of social media and social networking use. In six comprehensive sections--copyright and fair use, freedom of speech, business law, in the courtroom, privacy, and cybercrime--Social Media Law addresses the current and pressing issues in this dynamic area of law. If you are even remotely involved or interested in the legalities of social media you need this exhaustive textbook
Sports Law in a Nutshell
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This book contains the elements of sports law explained in an organized, coherent manner. It simplifies the complex world of sports law and provides a road map to all of its intricacies from contracts, torts, antitrust, liabilities, constitutional implications, labor law, taxes. The Fifth edition continues to update the material with a focus on important recent legal developments, such as O'Bannon v. NCAA, the Northwestern University Football union petition, Jenkins v. NCAA, NFL concussion litigation, and the FIFA corruption case.
Intellectual Property Law in the Sports and Entertainment Industries
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In this detailed yet readable legal analysis, the authors thoroughly evaluate the connections between intellectual property and the sports and entertainment industries, covering everything from copyrights and patents to trademarked logos and marketing strategies. * Provides a complete survey of intellectual property law in the sports and entertainment industries including copyright, patents, trademarks, trade dress, trade secrets, and the right of publicity * Fills a growing need for information about entertainment-specific intellectual property law as entertainment programs at the universities and law schools are increasing at both the undergraduate and graduate levels * Addresses the specific challenges and issues brought about by various forms of digital technology
Sport and the Law
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This new collection examines not only how athletes looked to the nation's judicial system to solve conflicts but also how their cases trans#65533;formed the interpretation of laws. These essays examine a vast array of social and legal controversies including Heywood v. NBA (1971), which allowed any player to enter the draft; Flood v. Kuhn (1972), which considered baseball's antitrust status; the Danny Gardella lower level 1948 case regarding free agency and baseball; Muhammad Ali's celebrated stance against the U.S. draft; Ren#65533;e Richards's 1976 lawsuit against the U.S. Tennis Association and its due process ramifications; and human rights violations in international law with respect to the increased recruitment of underage Latin baseball players in the Caribbean region are a few examples of the vast array of stories included. Sport and the Law links these cases to other cases and topics, giving the reader the opportunity to see the threads weaving law and sport together in American society.
Essentials of Sports Law
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In this thoroughly revised Fourth Edition, Glenn Wong provides a comprehensive review of the various sports law issues facing professional, intercollegiate, Olympic, high school, youth, and adult recreational sports. Major topics include tort liability, contracts/waivers, antitrust law, labor law, constitutional law, gender discrimination, drug testing, intellectual property law, broadcasting laws pertaining to sports agents, business and employment law, Internet gambling, and athletes with disabilities. Significant additions here include new court decisions, agreements (contracts and collective bargaining agreements), and legislation (federal, state, association, and institutional rules and regulations). Discussions of legal concepts are supplemented with summaries and excerpts from hundreds of actual sports cases. Wong cites a variety of books, law review articles, newspaper articles, and Web links for those requiring further information on particular topics. This text-professional guide serves as an invaluable resource to those involved, or studying to become involved, in the vast industry of sports.
New Appleman Sports and Entertainment Insurance Law & Practice Guide
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The publication features practice insights, strategic guidance, comments and warnings. Insightful, expert guidance is provided giving you the key do’s and dont’s of practice. Appendices of key decisions and sample forms are provided. This publication thus presents a complete package of the tools you need to practice in this lucrative area of the law successfully.
Fundamentals of Sports Law
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Fundamentals of Sports Law is a practice guide to the legal aspects of sports and recreational activities, from contract to intellectual property to international law.
Principles of Tax Policy
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This overview of tax policy explains essential concepts clearly and concisely. Chapters open with brief descriptions of a policy area, providing a synopsis of the current state of the law. This is followed by a balanced and apolitical discussion of arguments for and against the current law and commonly proposed alternatives. Wide-ranging coverage of all critical tax policies from federal Social Security and income taxes to state and local budgeting to international transfer pricing examine the building blocks of the tax system. Ample footnotes provide easy access to articles and standard reference works allowing readers to dig deeper on their own.
Federal Income Taxation of Partners and Partnerships in a Nutshell
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This book provides a concise overview of federal partnership taxation. It covers partnership formation, including contributions of property and admission of service partners, allocation of income and loss, tax accounting, and sharing of recourse and nonrecourse liabilities. Building on this foundation, the book also addresses advanced topics, including transactions between partners and partnerships, sales of partnership interests, distributions of property, optional and mandatory basis adjustments, and planning for retirement or death of a partner. Numerous concrete examples illustrate the tax treatment of specific transactions, allowing students to grasp the principles of partnership taxation in a problem-oriented course. The revised fifth edition reflects developments through September 2016, including proposed rules relating to compensatory profits interests and fee waivers, contributed built-in loss property, sharing of partnership liabilities and disguised sales, basis adjustments under #65533;#65533; 734(b), 743(b) and 755, and #65533; 751(b) distributions.
Taxation of S Corporations in a Nutshell
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The Subchapter S rules are complex. This book describes the basic rules that apply to S corporations and their shareholders with sufficient detail to alert the reader to potential pitfalls. The topics covered include: (1) the qualification requirements for a Subchapter S election, (2) the allocation of tax items among the shareholders, (3) the effect of those allocations on a shareholder's basis in stock and debt, (4) the limitations on the deduction of pass through items, (5) the treatment of corporate distributions, (6) the voluntary and involuntary termination of Subchapter S status, (7) the treatment of the year in which a Subchapter S election is terminated, (8) the limited availability of certain Subchapter S provisions after a Subchapter S election is terminated, and (9) the taxation of an S corporation's passive investment income and built-in gains. The discussion of these issues is supplemented by numerous examples.
International Taxation in a Nutshell
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This nutshell not only addresses the fundamentals of U.S. international taxation, but it also offers insight into tax planning considerations. Both the U.S. activities of foreign taxpayers, as well as the foreign activities of U.S. taxpayers are explored. In the truly global economy in which we live, it is crucial for those involved in business and investment activities to understand the tax consequences that impact cross-border flows. Building on both academic and private sector careers, the author has used his experience to distill the complexities of real-world tax considerations into a clearly written, straight-forward presentation of the key international tax concepts, including the most recent developments.
Tax Research Techniques
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Tax Research Techniques provides a working knowledge of the methodology of implementation-based tax research. Drawing on the latest developments in online research, the authors reveal how to ask the right questions, organize the facts, locate and assess pertinent authority, and clearly communicate research findings. The Trusted Research Training Manual for Over 30 Years As tax laws and tax research methods have changed over the past three decades,Tax Research Techniques has been a trusted resource to guide students and practitioners alike to best practices for efficient tax research. This latest edition updates examples and illustrations to highlight changes in tax law and online tax research over the past several years. Tax Research Techniques will sharpen your knowledge of these five key tax research procedures: How to Get the Facts How to Ask Expert Questions How to Search for the Right Authority How to Resolve the Question How to Communicate Your Conclusions New and updated sections reflect the continuously evolving advances in the technology of Web-based research.
Federal Tax Research
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The Ninth Edition features expanded coverage of electronic sources, both subscription-based (such as Westlaw, LexisNexis, Checkpoint, CCH IntelliConnect, and HeinOnline) and those available without charge (particularly those provided by the government). It discusses factors to be considered in deciding between print and online research; chapters discussing primary sources illustrate several online sources for finding these materials. This book devotes considerable space to publicly available IRS documents and legislative history materials. The introductory materials illustrate solving a research problem, and there are updated problems for students to solve throughout the text. The Ninth Edition expands the number of illustrations that complement its textual discussions.
Federal Tax Research
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With FEDERAL TAX RESEARCH, 8e, you will come to understand the latest techniques in tax research and the way this relates to the CPA exam. The eighth edition offers a new chapter on international tax research, an expanded review of tax ethics, and real-life cases to help you see the big picture of federal tax law. No other text can better prepare you on tax research procedures and multiple hands-on applications!
Rewritten Tax Opinions
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Could a feminist perspective change the shape of tax laws? Feminist reasoning and analysis are recognized as having tremendous potential to affect employment discrimination, sexual harassment, and reproductive rights laws - but they can likewise transform tax law (as well as other statutory or code-based areas of the law). By highlighting the importance of perspective, background, and preconceptions on reading and interpreting statutes, this volume shows what a difference feminist analysis can make to statutory interpretation. Feminist Judgments: Rewritten Tax Opinionsbrings together a group of scholars and lawyers to rewrite tax decisions in which a feminist emphasis would have changed the outcome, the court's reasoning, or the future direction of the law. Featuring cases including medical expense deductions for fertility treatment, gender confirmation surgery, tax benefits for married individuals, the tax treatment of tribal lands, and business expense deductions, this volume opens the way for a discussion of how viewpoint is a key factor in statutory interpretation.
Federal Taxation of Financial Instruments & Transactions
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Full text of Federal Taxation of Financial Instruments and Transactions, a treatise that contains complete coverage of accounting rules and their tax implications and ideas for determining the timing, amount, and character of gain or loss for transactions such as equity instruments, debt instruments, wash sales, short sales, straddles, notional principal contracts, and foreign currency hedges.
Federal Taxation of Income, Estates and Gifts
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Encyclopedic in scope, Federal Taxation of Income, Estates & Gifts offers concise and lucid explanations of the complex realm of the Code and regulations, examines the ambiguities and gaps in the legislative scheme, and points out usable rules and guideposts.
Federal Income Taxation of Individuals
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Keeping up with Congress, the Treasury Department, the IRS, and the courts is a daunting task. The Treasury Department continues to promulgate complex regulations interpreting laws coming from Congress. The IRS and the courts continue to confront issues as they are raised in specific cases, adding thousands of judicial decisions and revenue rulings to an already burgeoning body of tax law. The authors of Federal Income Taxation of Individuals, Third Edition do a phenomenal job of keeping pace with changes and developments across the board and synthesizing the information into plain English.
Federal Income Taxation of Corporations and Shareholders
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Federal Income Taxation of Corporations and Shareholders provides guidance on navigating the tax code, both present and future, so you can provide the most benefit to your corporation or shareholders. You’ll get the deep understanding of complex tax matters you need to make the best tax decisions and develop the best corporate tax strategies.
The trusted guidance found in this resource is cited in more than a dozen decisions by the U.S. Supreme Court; is found in nearly 500 opinions by the federal courts; and is included in more than 250 IRS rulings. You’ll get expert advice on tax matters such as mergers and acquisitions, corporate divisions, consolidated returns, and corporate reorganizations.
Florida Tax Practice Insights
Florida Practice Insights (FLPIN) are concise and original pieces of practical insight and analysis that help practitioners navigate the vagaries of state tax law. Written by authorities from the state's top firms, Practice Insights contain:- Tips for dealing with complex issues - Practice/planning strategies, lessons and illustrative case examples - Risks and benefits of certain actions- Alerts to certain practice mistakes - Perspective on issues that have divided courts- Insights to save you time and your client's money- Drafting guidancePractice Insights are searchable by our enhanced Table of Contents (e-TOC).
Federal Income, Gift and Estate Taxation
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This comprehensive treatise on federal taxation combines the highest level of tax scholarship with a practical approach.Federal Income, Gift and Estate Taxation covers a wide variety of federal tax issues relating to: individuals; corporations; partnerships; estate and gift transactions; pensions; debtors and creditors; foreign transactions; and charities. This resource also includes Rates Tables and Checklists of Deductions.
The Forms and Functions of Tort Law
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The perfect accompaniment to any torts casebook, this text covers all the major cases and issues in a standard torts course. The text addresses cases and analyzes their implications, presenting the law of torts within a curricular context and covering the materials that law students are likely to encounter in a variety of courses. This straightforward, readable text addresses both rules and policy, and presents topics in a way that helps students effectively grapple with issues. Since each chapter stands on its own, the book is ideal as a classroom text, as well as for self-directed reading by students.
Restatement of the law third, torts : intentional torts to persons. Tentative draft, No. 2 (March 10, 2017)
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Chapter 1. Definitions of intentional torts to persons; transferred intent, [section] 3 (battery: definition of offensive contact), [sections] 7-9 (false imprisonment) (approval is sought for [sections] 3(b), 7, 8, and 9, except for the consent materials in the black letter of [section] 7(d) and Comment k.) -- Appendix A. Black letter of tentative draft no. 2 -- Appendix B. Other relevant black-letter text -- Appendix C. Black-letter consent sections from preliminary draft no. 4.
The Psychology of Tort Law
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Tort law regulates most human activities: from driving a car to using consumer products to providing or receiving medical care. Injuries caused by dog bites, slips and falls, fender benders, bridge collapses, adverse reactions to a medication, bar fights, oil spills, and more all implicate the law of torts. The rules and procedures by which tort cases are resolved engage deeply-held intuitions about justice, causation, intentionality, and the obligations that we owe to one another. Tort rules and procedures also generate significant controversy--most visibly in political debates over tort reform. The Psychology of Tort Law explores tort law through the lens of psychological science. Drawing on a wealth of psychological research and their own experiences teaching and researching tort law, Jennifer K. Robbennolt and Valerie P. Hans examine the psychological assumptions that underlie doctrinal rules. They explore how tort law influences the behavior and decision-making of potential plaintiffs and defendants, examining how doctors and patients, drivers, manufacturers and purchasers of products, property owners, and others make decisions against the backdrop of tort law. They show how the judges and jurors who decide tort claims are influenced by psychological phenomena in deciding cases. And they reveal how plaintiffs, defendants, and their attorneys resolve tort disputes in the shadow of tort law. Robbennolt and Hans here shed fascinating light on the tort system, and on the psychological dynamics which undergird its functioning.
Hornbook on Torts
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This single-volume hornbook provides a comprehensive overview of tort and injury law. The book covers all of the major topics in tort law. Topics include liability for physical injuries, as well as emotional, dignitary, and economic harms. This newly-updated edition includes citations to hundreds of cases and statutes decided over the last decade, as well as references to the Restatement (Third) of Torts.
Principles of Tort Law
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This edition provides a wealth of new material drawn from summaries of and quotations from scholarly books and articles and case law. The subjects of this new material are rich in their range of topics. They include: * The "precautionary principle" * Summaries on tort rationales that range from references to Kantian philosophy and a riff on Harry Potter
* The relation of tort law to public law * Varied materials on consent * The duty question, including a summary of a recent Supreme Court case and scholarship in the area * Material on privacy ranging from Prosser's classification system to LGBT plaintiffs * The roles of race and gender in calculations of damages * A criticism of "tort reform" efforts
* Case law on the "baseball rule" with respect to spectator injuries. * Matters of topical "headline" interest include smartphones as distractions and certain aspects of publication of photos on the Internet. * Celebrities mentioned in items under different categories are Joan Rivers, Jesse Ventura, and Jim Boeheim.
Tort Law
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Buy a new version of this Connected Casebook and receive ACCESS to the online e-book, practice questions from your favorite study aids, and an outline tool on CasebookConnect, the all in one learning solution for law school students. CasebookConnect offers you what you need most to be successful in your law school classes - portability, meaningful feedback, and greater efficiency. The Fourth Edition of Tort Law: Responsibilities and Redress has been updated to reflect the very latest developments in tort law, including discussions of the draft provisions of the Third Restatement of Torts concerning intentional torts. The book also contains new "Check Your Understanding," "Big Thing" and "Did You Know?" text boxes along with a new user-friendly page layout. A set of PowerPoint slides on core cases and topics has been added to provide additional support to instructors. Features: Incredibly versatile, this text has been successfully adopted at a wide range of schools and can be taught from any intellectual or political perspective Presenting tort law as a complex but coherent whole, giving students a clear sense of what tort law is and what it does Grounded and pluralistic treatment recognizes the richness and diversity of the legal rules and concepts that make tort law what it is Comprehensive case mix presents current and classic cases, exposing students to diverse decisions from jurisdictions around the country, from lower courts to state high courts Progresses from negligence to intentional torts to products liability while permitting the professor to focus on an array of contemporary issues Extraordinarily clear introductory text and notes after cases are routinely cited by students as highly accessible, illuminating and relevant Exceptional support through a Teacher's Manual that gives detailed accounts of all the main cases and the issues they raise CasebookConnect features: ONLINE E-BOOK Law school comes with a lot of reading, so access your enhanced e-book anytime, anywhere to keep up with your coursework. Highlight, take notes in the margins, and search the full text to quickly find coverage of legal topics. PRACTICE QUESTIONS Quiz yourself before class and prep for your exam in the Study Center. Practice questions from Examples & Explanations, Emanuel Law Outlines, Emanuel Law in a Flash flashcards, and other best-selling study aid series help you study for exams while tracking your strengths and weaknesses to help optimize your study time. OUTLINE TOOL Most professors will tell you that starting your outline early is key to being successful in your law school classes. The Outline Tool automatically populates your notes and highlights from the e-book into an editable format to accelerate your outline creation and increase study time later in the semester.
Torts in a Nutshell
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A clear, concise, current, and authoritative explanation of all of the most important U.S. tort law doctrines, including those covered in first-year torts courses in law schools. Coverage includes tort law origins and objectives; causation; strict liability; negligence liability and defenses; intentional tort liability and defenses; special liability rules (premises liability, products liability, employers, etc.); damages; tort and contract; immunities; wrongful death and survival; defamation; privacy; misrepresentation.
Getting Incentives Right
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Lawyers, judges, and scholars have long debated whether incentives in tort, contract, and restitution law effectively promote the welfare of society. If these incentives were ideal, tort law would reduce the cost and frequency of accidents, contract law would lubricate transactions, and restitution law would encourage people to benefit others. Unfortunately, the incentives in these laws lead to too many injuries, too little contractual cooperation, and too few unrequested benefits. Getting Incentives Right explains how law might better serve the social good. In tort law, Robert Cooter and Ariel Porat propose that all foreseeable risks should be included when setting standards of care and awarding damages. Failure to do so causes accidents that better legal incentives would avoid. In contract law, they show that making a promise often causes the person who receives it to change behavior and undermine the cooperation between the parties. They recommend several solutions, including a novel contract called "anti-insurance." In restitution law, people who convey unrequested benefits to others are seldom entitled to compensation. Restitution law should compensate them more than it currently does, so that they will provide more unrequested benefits. In these three areas of law, Getting Incentives Right demonstrates that better law can promote the well-being of people by providing better incentives for the private regulation of conduct.
Shapo on The Law of Products Liability
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An authoritative, in-depth study of issues in products liability litigation, this comprehensive treatise traces the law of products liability from its roots in contract and tort to its development into the challenging, complex modern law of the subject.
Frumer & Friedman, Products Liability
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The most frequently cited and respected authority in the field, Products Liability (Frumer, Friedman, Sklaren) covers every facet of the law, including:* Parties liable: manufacturers, retailers, wholesalers, middlemen, repairers,advertisers, and government* Theories of liability: negligence, strict liability in tort, breach of expresswarranty, breach of implied warranty and fraud* Statute of limitations, conflict of law, indemnity and contribution, classactions, multi-district litigation, defenses, insurance, European draftlegislation, state legislation, UPLA* Evidence*
Owen & Davis on Products Liability
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Owen & Davis on Products Liability comprehensively examines all aspects of products liability law. It analyzes all major doctrines, supported by hundreds of references to recent and historically-important cases, statutes, and other resources. It replaces the previous edition, Madden & Owen on Products Liability.
Restatement of the Law - Torts
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In addition to codifications and studies, the American Law Institute primarily examines chosen core legal subjects with two types of publications. Restatements of the Law, containing clear formulations of common law and its statutory elements or variations, reflect the law as it presently stands or might plausibly be stated by a court. Principles of the Law analyze legal areas thought to be in need of reform; Principles aim to express the law as it should be. Like Restatements, Principles publications use the familiar black-letter statements of recommended legal rules, supported by Comments, Illustrations, and Reporter's Notes.
Understanding Trusts and Estates
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Now in a new edition thoroughly updated by Susan Gary, this text retains the style and clear language that have kept generations of students engaged as they explore this intriguing field. Examples, charts, cross-references among similar concepts, and frameworks for analyzing problem areas all combine to give students the tools to deepen their understanding. From an opening declaring this course isn't about dead people to a closing that endorses advice from Snoopy, the book demonstrates how trusts and estates doctrines affect real people.
Wills and Trusts in a Nutshell
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The fifth edition of this book updates laws affecting intestate succession, wills, guardianships and trusts. It introduces wills terminology to the lay audience and summarizes the law of trusts with references to the Uniform Trust Code and the Restatement of Trusts. It uses problems arising from celebrity peccadilloes and deaths, such as those of Prince, and the mother/daughter team of Debbie Reynolds and Carrie Fisher to illustrate legal issues. The book can be adopted to supplement a traditional wills and trusts class or as the sole text for a seminar.
Wills, Trusts and Estates Including Taxation and Future Interests
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Expert authors provide an analysis of the law of trusts and estates. Among the topics covered are intestate succession, wills, trusts, estates and future interests, nonprobate mechanisms, the construction of donative documents, and planning for incapacity. The book incorporates the latest provisions of the Uniform Probate Code, the Uniform Trust Code, and the other uniform laws relating to the donative transfer of wealth. The book also includes an overview of the federal transfer tax laws. An essential guide for students and practitioners.
Federal Income Taxation of Estates, Trusts, and Beneficiaries in a Nutshell
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This comprehensive guide can serve either as a course supplement or as a refresher for members of the bar. Expert commentary summarizes the law and offers critical perspectives on the federal income taxation of estates, trusts, and beneficiaries, including the decedent's final income tax return; classification of estates and trusts; income in respect of a decedent; distributable net income; simple and complex trusts; distributions; grantor trusts; charitable trusts; and foreign trusts. Additional chapters cover basic income, gift and estate tax concepts, accumulation distributions, and specially treated trusts.
Trusts and Estates
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The Third Edition of Concepts and Insights on Trusts and Estates makes complex doctrinal rules easier to understand by exploring the history and rationale behind those rules. The analysis is thorough, and focuses both on common law doctrines and statutory reforms-with an emphasis on the Uniform Probate Code and the Uniform Trust Code. Each substantive chapter closes with a set of exam-like problems designed to test understanding of the material included in the chapter. The authors also include thorough solutions to each of these problems. This is the only book in the field that combines thorough doctrinal analysis with more than 60 review problems, each with complete solutions.
Mastering Elder Law
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Mastering Elder Law explores concerns that commonly arise when representing the elderly client. The book focuses on public benefits, retirement systems, age discrimination, wealth transfers, medical decision making (including ''the right to die''), guardianships and conservatorships, durable powers of attorney, long-term care, housing, abuse, and ethical problems. The book also explores overarching themes such as the tension that results when the state simultaneously attempts to protect its vulnerable citizens and promote their autonomy. The text includes examples throughout and provides a straightforward description of complex topics such as Social Security, Medicare, and Medicaid.
This book is part of the Carolina Academic Press Mastering Series edited by Russell L. Weaver, University of Louisville School of Law.
Wills, Trusts, and Estates: Examples and Explanations
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A favorite among successful students, and often recommended by professors, the unique Examples & Explanations series gives you extremely clear introductions to concepts followed by realistic examples that mirror those presented in the classroom throughout the semester. Use at the beginning and midway through the semester to deepen your understanding through clear explanations, corresponding hypothetical fact patterns, and analysis. Then use to study for finals by reviewing the hypotheticals as well as the structure and reasoning behind the accompanying analysis. Designed to complement your casebook, the trusted Examples & Explanations titles get right to the point in a conversational, often humorous style that helps you learn the material each step of the way and prepare for the exam at the end of the course. The unique, time-tested Examples & Explanations series is invaluable to teach yourself the subject from the first day of class until your last review before the final. Each guide: helps you learn new material by working through chapters that explain each topic in simple language challenges your understanding with hypotheticals similar to those presented in class provides valuable opportunity to study for the final by reviewing the hypotheticals as well as the structure and reasoning behind the corresponding analysis quickly gets to the point in conversational style laced with humor remains a favorite among law school students is often recommended by professors who encourage the use of study guides works with ALL the major casebooks, suits any class on a given topic provides an alternative perspective to help you understand your casebook and in-class lectures
Federal Estate and Gift Taxation in a Nutshell
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This comprehensive guide can serve either as a course supplement or as a refresher for members of the bar. Expert commentary summarizes the law and offers critical perspectives on the estate, gift, and generation-skipping transfer taxes, including lifetime and testamentary transfers, joint-and-survivor tenancies, life insurance, annuities, and powers of appointment; inclusion and valuation; exemptions and exclusions; deductions; and tax liabilities. Additional chapters cover basic tax and estate planning concepts, reform proposals, and fundamental alternatives to the current transfer tax system.
Introduction to Estate Planning in a Nutshell, 6th
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This Nutshell presents an introduction to estate planning. Subjects covered include the transfer of property at death at will under the intestate law, survivor interests, community property, and "simple" wills. Addresses insurance, estates arising from status, Social Security, pensions, workers' compensation, and veterans benefits. Discusses charitable trusts, the rule in Shelley's case, the Doctrine of Worthier Title, the Rule Against Perpetuities, and the Rule Against Accumulations. Also addresses fiduciary administration and federal estate and gift taxes.
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