Author: Jay Tidmarsh
Release Date: 2002
Offers concepts of and insights into the forms and functions of complex litigation issues, including their implications. Helps students in such courses to review and study, as well as serves as a reference book for students once they are in practice.
Author: Samuel Issacharoff
Release Date: 2009
This book will analyze legal procedure as part of a complicated interaction between private ordering and public intervention. Modern society brings people together in a variety of settings and injects an active state presence into all manner of everyday activities. Inevitably there are disputes. Yet, these disputes settle all around us, based on social norms or simply an understanding of what is right and what is wrong; what is contestable and what is not. This private ordering of responsibility occurs against a backdrop, sometimes but certainly not always invoked, of what might occur were the matter to be taken to the more costly system of public dispute resolution. In this sense, disputants outside the legal system are said to be bargaining in the shadow of the law. For those who cannot privately order their disputes, there are two public interests. The first is to provide a public resolution such that future similarly situated disputants may be better able to anticipate what are the likely outcomes should they proceed to litigation. The second is to provide finality so that the disputants may get on with their affairs. The central thrust of this book will be to examine the overall structure of public dispute resolution through six basic concepts: rudimentary fairness and the trade off between equity and efficiency; defining the parameters of a dispute in terms of the presentation of issues and the obtaining of information; defining the scope of the dispute in terms of parties, particularly as the judicial system confronts increasingly complex litigation; defining the power of the courts; securing finality; and the costs of procedure.
Author: Kenneth S. Abraham
Publisher: West Publishing Company
Release Date: 2002-01
The perfect accompaniment to any torts casebook, The Forms and Functions of Tort Law covers all the major cases and issues in the standard torts course, sharing Professor Abraham?s scholarly insights developed over 25 years of teaching. This analytical text addresses the cases and analyzes their implications, presenting the law of torts within a curricular context and covering the materials that law students are likely to encounter in a variety of courses. The straightforward, readable text in this paperback addresses both rules and policy and presents topics in a way that helps students grapple with the issues more effectively. Organized in the traditional manner, topics covered include intentional torts, negligence, cause-in-fact, proximate cause, defenses, strict liability, nuisance, products liability, damages, tort reform, invasion of privacy, defamation, misrepresentation, and the economic interference torts. Each chapter stands on its own, making the book ideal for use as a classroom text as well as for self-directed reading by students.
Author: George Rutherglen
Publisher: Foundation Press
Release Date: 2016-09-19
This text on transnational civil litigation presents the basic legal doctrine within a larger, illuminating conceptual framework. The book organizes the subject around three basic concepts: national sovereignty, individual rights, and political accountability. After highlighting the unique problems of litigation across national boundaries, the book explores the essential role of individual rights, especially due process and substantive human rights. It then examines the role of the political branches of government in enacting the statutes and treaties that govern transnational litigation. These three concepts play out in the following chapters: Introductory chapters on jurisdiction in three different senses: personal jurisdiction; prescriptive jurisdiction (especially extraterritoriality); and federal subject-matter jurisdiction. A chapter on foreign sovereigns as litigants, concerned with sovereign immunity and the act of state doctrine. Two chapters on procedure in pending cases, one on service of process and discovery, and another on parallel proceedings, concerned with forum non conveniens, stays, and anti-suit injunctions. Two final chapters addressed to the resolution of disputes, through recognition of foreign judgments and enforcement of arbitration agreements and awards.
Author: Deborah L. Rhode
Release Date: 2002-01
In this comprehensive examination of professional responsibility law, you'll find in-depth, substantive discussion supported by expert analysis and commentary, case citations, statutes, and court rules. You'll also reap the benefits of the author's experience, opinions, and insight. Subjects include conflicts of interest, qualifications for the bar, regulating the market for legal services, competency standards, and disciplinary measures.
Author: Marvin A. Chirelstein
Release Date: 2013
Recommended in more than 100 schools, the updated seventh edition of Concepts and Case Analysis in the Law of Contracts is a readable primer that offers first-year law students a reliable overview of the major themes and leading cases in the field of the law of contracts. This contracts primer is straightforward and uncluttered, covering the main themes of the first-year contracts course, together with related cases.
Author: Christopher Serkin
Release Date: 2013
The book supports and supplements students' understanding of property and its role in the law school curriculum. It provides a firm foundation for doctrinal analysis, but its emphasis is on those important concepts that illuminate the doctrine. The book therefore explores important insights from law and economics, philosophy, and history, helping students develop fluency in both the form and substance of mainstream arguments from these various perspectives. The book is organized around three main themes: acquiring property, dividing property, and limiting rights in property. It can be used in conjunction with any of the leading property casebooks.
Author: Howard M. Erichson
Publisher: Wolters Kluwer Law & Business
Release Date: 2017-12-14
Inside Civil Procedure: What Matters and Why, like a great teacher, helps law students understand civil procedure clearly and deeply. Procedural rules and doctrines that at first seem incomprehensible finally make sense when students understand what the rules are trying to do, how they are used in practice, and how they fit into the bigger picture. Unlike oversimplified outlines or lengthy treatises, it actually teaches with clear explanations and features designed to help students master the material. By the end of each chapter, students will have a clear understanding of not only how the rules and doctrines work, but also how the pieces of the puzzle fit together. Overviews set up each topic FAQs give straight answers to questions and clear up common mistakes and misconceptions. Sidebars offer insights, study tips, and practice pointers. Step-by-step analyses demonstrate how to apply the material. Chapter summaries provide quick review guides. Connections helps students fit the material with other topics in civil procedure.
Author: Kevin M. Clermont
Release Date: 2008
This book is a collaborative effort by fourteen law-school professors to provide a deeper understanding of the great civil procedure cases. The professors each wrote a short chapter on one of the cases, retelling the cases in their own voice and by their own method. Each chapter has a fairly consistent structure, with separate sections on: social and legal background of the case; factual background of the case; lower court proceedings in the case; final appellate disposition, including issues, decisions, reasons, and separate opinions; factual postscript to the case; immediate impact of the case on the development of the law (why the case is famous and when it became so); and continuing importance of the case today (why it is still a leading case).The accompanying website, http://civprostories.law.cornell.edu, serves as a research tool for students, academics, and practitioners. The poste
Author: John T. Cross
Publisher: West Academic
Release Date: 2006
This book, which focuses on cases decided in the last decade, differs from similar casebooks in several ways - most notably its extensive use of problems and exercises. Each section includes an Introductory Problem to encourage students to think about the issues, and a review of problems at the end. This approach helps students become comfortable in applying the rules they have learned, and gives them the incentive to look closely at the language of the positive law itself. Exercises throughout encourage students to use their research skills to discover how state procedural standards compare with the federal rules and statutes.
Author: Paula Schaefer
Publisher: West Academic Publishing
Release Date: 2013-05-23
The Civil Procedure book in our Developing Professional Skills series -- used as a supplement to your regular text book -- makes it easy to integrate skills training into the civil procedure classroom. The book contains ten exercises designed to develop practice skills of legal drafting, client interviewing and counseling, negotiation, and advocacy. Students spend a manageable one to two hours on tasks including: interviewing a client and then drafting a short complaint; preparing an outline of key arguments supporting a motion to dismiss; negotiating the "clawback" of an inadvertently disclosed document; and drafting a statement of undisputed facts to support a summary judgment motion. Realistic pleadings, discovery, and other documents from the case file are included throughout the book. A comprehensive Teacher's Manual provides guidance and suggestions for expanding the classroom discussion to include professional responsibility concepts and the norms of modern legal practice.