Beyond Abortion by
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 by
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 by
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. by
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 by
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.
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Administrative Law Treatise by This link opens in a new window
Administrative Law, Cases and Comments by
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 by 
Administrative Law and Process in a Nutshell by
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 by
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 by
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 by
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 by
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 by
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 by
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.
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Admiralty and Maritime Law by
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.
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Admiralty and Maritime Law by 
Admiralty in a Nutshell by
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 by
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 by 
Benedict on Admiralty by 
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Schoenbaum's Admiralty & Maritime Law by This link opens in a new window
Business Associations by
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.
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Partnership taxation by This link opens in a new window
Agency, Partnership, and the LLC in a Nutshell by
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) by
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 by
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 by
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 by 
Agency, Partnership, and Llcs by
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 by
Contains the complete text of the Restatement of the Law (Third) of Agency.
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Partnership Law and Practice General and Limited Partnerships by
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.
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Mediation: Law, Policy, & Practice by
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).
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Dispute Resolution by
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
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The New Handshake by
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.
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Understanding Alternative Dispute Resolution by
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 by
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 by
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 by
"[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 by
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 by
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 by
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 .
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An Introduction to the American Legal System by
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 by
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 by
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 by
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 by
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 by
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 by 
American Law by
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 by 
Principles of Antitrust by
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 by
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 by
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 by
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 by
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 by
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 by
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 by
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.
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Antitrust Laws and Trade Regulation by
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.
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Bankruptcy and Related Law in a Nutshell by
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 by
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 by
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 by
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 by
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 by
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 by This link opens in a new windowchecked April 2011 - WVR
Norton Bankruptcy Law & Practice by This link opens in a new window
Collier Bankruptcy Practice Guide by This link opens in a new window
Human Agency and Behavioral Economics by
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 by
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 by
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 by
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.
Patent Politics by
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 by
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 by
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 by
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. by
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 by
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 by
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 by
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 by
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? by
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 by
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 by
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 by
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 by 
Civil Procedure in a Nutshell by
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 by
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 by
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 by 
Understanding Civil Procedure by 
Supreme Court Practice by 
Federal Jurisdiction by
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 by
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 by
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 by
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 by
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 by
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 by
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 by
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 by
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 by
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 by
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 by
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 by
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 by
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 by 
American Constitutional Law by
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 by
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.
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Contract Law, Selected Source Materials Annotated by
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 by
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 by
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 by
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 by
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 by
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.
Gratuitous Transfers, Wills Intestate Succession, Trusts, Gifts and Future Interests by
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 by
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 by
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.
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Williston on Contracts 4th by
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.
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Negotiable Instruments under the Uniform Commercial Code by
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.
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Corbin on Contracts by
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.
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Business Associations by
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.
This link opens in a new windowPrinciples of Business Organizations by
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 by
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 by
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 by
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 by
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 by
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.
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The Law of Tax-Exempt Organizations by
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 by
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 by 
The Law of Tax-Exempt Organizations by
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 by 
Understanding Criminal Law by
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 by
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 by
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 by 
Mastering Criminal Law by
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.
Constitutional Rights of the Accused by This link opens in a new window
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.
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Wharton's Criminal Law by This link opens in a new window
Substantive Criminal Law by This link opens in a new window
Cybersecurity for the Home and Office by
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 by
"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 by 
Punish Seduce or Persuade by
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 by
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 by
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 by
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 by
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 by
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 by
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 by
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
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The Fourth Amendment by
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 by
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 by
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 by
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 by
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 .
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The Future of Law and Economics by
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 by
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 by
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 by
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 by
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 by
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 by
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 by
Economic Analysis of Law, Eighth Edition, written by the pioneer in law and economics analysis, Richard A. Posner, remains the classic text in its field. This lucid, comprehensive casebook covers every aspect of the economic analysis of the law, including the common law, public regulation of the market, business organizations and financial markets, the distribution of income and wealth, the legal process, and the Constitution and the federal system. The Eighth Edition has been substantially revised to take into account current events, including the continuing economic crisis, the re-emerging field of organization economics, and recent work by the author and others on judicial behavior. The this preeminent casebook continues to offer Coverage of the legal-economic perspective on all key areas, from common law to the constitution. Accessible, lucid, and user-friendly writing and organization: Non-quantitative approach does not assume or require prior knowledge of economics or mathematics Part and chapter organization are based on legal, not economic, concepts End-of-chapter sections reinforce and extend learning with problems and suggested further readings. The Eighth Edition has been updated and revised to reflect current economic realities: The continuing economic crisis, which began in September 2008, has led to a reexamination of some of the tenets of economics manifested in previous editions. These changes are found primarily in the following chapters: Chapter 1, The Nature of Economic Reasoning Chapter 13, The Choice Between Regulation and Common Law Chapter 14, Corporations, Secured and Unsecured Financing, Bankruptcy Chapter 15, Financial Markets In Chapter 14, Corporations, Secured and Unsecured Financing, Bankruptcy, changes have been incorporated based on the re-emerging field of organization economics. Substantial changes to reflect recent work by the author and others on judicial behavior are evident in Chapter 19, The Market, the Adversary System, and the Legislative Process as Methods of Resource Allocation. Significant changes have also been made in the following chapters: Chapter 3, Property Chapter 4, Contract Rights and Remedies Chapter 17, Taxation Chapter 21, Civil and Criminal Procedure
Economic Efficiency in Law and Economics by
'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 by
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 by
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 by
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 by
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 by
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.
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Entertainment Law in a Nutshell by
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 by
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 by
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 by
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
Lindey on Entertainment, Publishing & the Arts by This link opens in a new window
Art, Artifact, Architecture & Museum Law by This link opens in a new window
Entertainment Law: Legal Concepts & Business Practices by This link opens in a new window
Environmental Law Practice by This link opens in a new window
Compliance and Enforcement of Environmental Law by
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 by
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 by
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 by
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 by
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 by
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 by
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 by
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 by
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 by
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
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Evidence Law, a Student's Guide to the Law of Evidence As Applied in American Trials by
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 by
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.
Federal Rules of Evidence in a Nutshell by
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) by
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 by
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 by
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.
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Federal Evidence Practice Guide by
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.
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Federal Evidence Tactics by
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.
This link opens in a new windowFederal Rules of Evidence Manual by
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.
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Modern Scientific Evidence: The Law & Science of Expert Testimony by
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.
This link opens in a new windowHot topics in Evidence 2016 by
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 by
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 by Florida Evidence by 
Florida Evidence--Florida Practice Series by This link opens in a new window
Family Law in a Nutshell by
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 by
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 by
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 by
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 by
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 by
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.
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Family Law and Practice by This link opens in a new window
Local Government, Land Use, and the First Amendment by
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 by
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 by
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 by
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 by 
The First Amendment Bubble by
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 by
"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 by 
Constitutional Law--Individual Rights by 
The Tragedy of Religious Freedom by 
Understanding the First Amendment by 
Religion and the American Constitutional Experiment by Understanding the First Amendment by 
Freedom of Religion, the First Amendment and the Supreme Court by 
Religious Liberty in America by 
Beyond the Fracking Wars by
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 by
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 by
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 by
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.
This link opens in a new windowUnderstanding Hydraulic Fracturing: Issues, Challenges, and Regulatory Regime by
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.
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The Law of Fracking by
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
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Shale Gas, the Environment and Energy Security by
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 by
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 by
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 by
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 by
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 by
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 by
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 by
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.
Constitutions and Gender by
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 by
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 by
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 by
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 by
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 by
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 by
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 by
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 by
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.
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Immigration Law and Procedure by
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.
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Dreams and Nightmares : Immigration Policy, Youth, and Families by
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 by
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 by
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 by
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 by
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 by
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 by
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 by
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 by
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 by
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 by
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 by
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 by 
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 by
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.
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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.
Principles of Intellectual Property Law by
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 by
Introduction -- Patents -- Trade secrets law -- Copyright -- Trademarks -- Other intellectual property rights.
Epstein on Intellectual Property by
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 by
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 by
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 by
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 by
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 by
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 by
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 by
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 by
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 by
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 by
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 by
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 by
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 by
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 by
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 by
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 by
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 by
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 by
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 coveri
