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: 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: 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: 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: 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: 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: George A. Bermann
Publisher: West Academic
Release Date: 2003
This title identifies and explores recurring problems caused by private cross-border disputes, while presenting the solutions that appear to be emerging, whether in the form of legislation, case law, treaty or Restatement enumeration. It covers personal and subject matter jurisdiction, parallel litigation, choice of forum, choice of law, extraterritorial discovery, extraterritorial provisional relief, recognition of foreign judgments, pleading, and proof of foreign law. International arbitration is also dealt with, with special emphasis on the role of courts in enforcing international arbitration agreements and effectuating international arbitral awards.
Author: Craig Allen Nard
Release Date: 2008
This Concepts and Inisghts title offers an unusual mix of approaches to explaining the modern patent system. It combines both a comprehensive view of the law itself with key academic insights that illuminates the manypolicy challenges in the area today. The book is theoretical, yet grounded in the realities of the legal system - drawing from a range of original works across the field. As such, the book will be useful to the scholar, the student, and the practitioner - anyone who needs a compact, yet sophisticated overview of patent law.
Author: Kevin Clermont
Publisher: Foundation Press
Release Date: 2017-02-17
This casebook is the concise, and very modern, version of a respected classic of civil procedure casebooks. The key to its brevity is its efficient and systematic step-by-step survey of the subject in Part One, which provides a tight 270-page comprehensive treatment of current civil procedure. The survey suffices to give the students a complete and solid grounding in civil procedure by means of the cases, commentaries, text, and questions that progress from pretrial and settlement to trial, judgment, appeal, jurisdiction, and complex litigation. This brief yet thorough coverage leaves time for in-depth treatment of a few selected problem areas regarding the system's fundamental structure in Part Two on governing law, Part Three on authority to adjudicate, and Part Four on res judicata. The twelfth edition has been thoroughly updated. It covers major new cases on general and specific personal jurisdiction and on pleading, and it introduces new materials on the res judicata effect of statute-of-limitations dismissals. It also fully incorporates the new amendments to the Federal Rules of Civil Procedure, which affect such important topics as discovery.
Author: Joseph Isenbergh
Release Date: 2010
This helpful study aid updates international aspects of tax systems originating in national environments. It focuses on U.S. taxation as applied to economic activity with an international element. The Third Edition is divided into four sections: basic elements of international taxation, inbound U.S. taxation, outbound U.S. taxation, and income tax treaties. This new offering is from the Concepts and Insights Series and is designed as recommended reading to complement casebook instruction.
Author: James Salzman
Publisher: Foundation Press
Release Date: 2013-11-27
Environmental Law and Policy is a user-friendly, concise, inexpensive treatment of environmental law. Written to be read pleasurably rather than used as a dry reference source, the authors provide a broad conceptual overview of environmental law while also explaining the major statutes and cases. The book is intended for three audiences - students (both graduate and undergraduate) seeking a readable study guide for their environmental law and policy courses; professors who do not use casebooks (relying on their own materials or case studies) but want an integrating text for their courses or want to include conceptual materials on the major legal issues; and practicing lawyers and environmental professionals who want a concise, readable overview of the field. For the fourth edition, to provide students a deeper understanding of how environmental law works in practice, a new Chapter has been written on Enforcement. A series of problem exercises have been added throughout the book, describing a legal or policy conflict in detail and asking students to identify and assess solutions. The first part of the book provides an engaging discussion of the major themes and issues that cross-cut environmental law. Starting with the first chapter's brief history of environmentalism in America, the second chapter goes on to explore the importance and implications of basic themes that occur in virtually all environmental conflicts, including scientific uncertainty, market failures, problems of scale, public choice theory, etc. It then presents three dominant perspectives in the field that drive policy development - environmental rights, utilitarianism, and environmental justice. Chapter Three fills in the remaining legal background for understanding environmental protection, reviewing the theory of instrument choice, the basics of administrative law, core concepts in constitutional law (e.g., takings, the commerce clause), and the doctrines associated with how citizen groups shape environmental law (such as standing). Chapter Four examines the practice and policy of monitoring compliance and enforcing the law. The second part of the book examines the substance of environmental law, with separate sections on each of the major statutes. International issues such as ozone depletion and climate change are also addressed. These chapters build on the themes and conceptual framework laid down in the first part of the text in order to integrate the discussion of individual statutes into a broad portrait of the law. The third part of the book describes natural resources law, discussing endangered species conservation, wetlands protection, water and energy issues. Part four addresses environmental impact statements and the National Environmental Policy Act.