Author: Jay Tidmarsh
Publisher: Foundation Press
Release Date: 2014-12-05
Thoroughly rewritten to account for important developments, the second edition explains the concepts of complex litigation and provides insights into the procedural techniques used to resolve intractable problems of large-scale litigation. Topics covered include aggregation (class actions, multidistrict litigation, and other devices), pretrial and trial, and remedial issues. The book helps students to review and study for courses in Complex Civil Litigation or Advanced Civil Procedure, and also serves as a reference book for students once they are in practice.
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: 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: 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: Barbara Allen Babcock
Publisher: Wolters Kluwer Law & Business
Release Date: 2017-05-12
With lightly-edited cases, both classic and contemporary, and engaging hypothetical problems, the sixth edition of Civil Procedure: Cases and Problems promotes the analysis and understanding of both governing procedural rules and underlying doctrinal complexities. The casebook also emphasizes the social and economic contexts animating modern procedural problems and reforms as well as the constitutional dynamics underlying federal jurisdiction.
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: William N. Eskridge
Release Date: 2006
Suitable for students or practitioners, this authoritative overview of the legislative process and statutory interpretation moves smoothly and understandably between the theoretical and the practical. You'll find in-depth discussion of such topics as theories of legislation and representation, electoral and legislative structures, extrinsic sources for statutory interpretation, and substantive canons of statutory interpretation. Reap the benefits of the authors' experience, opinions, and insight and gain a working knowledge of the area.
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.
The death penalty is contested across modern social, political, academic, and legal institutions, and this interdisciplinary text helps readers analyze that debate. It begins with Furman v. Georgia, which doubles as the Supreme Court's only decision striking down the death penalty and as the origin of the modern American death penalty. The text explores the legal rules and moral reasoning behind the principle that the death penalty be reserved for the worst offenders, as well as the most uncomfortable realities of American capital punishment--the likelihood of wrongful executions and the undeniable influence of race on death penalty practice. Discussion of law and theory is always supplemented with appropriate empirical studies, and is connected to the practice of lawyers on the ground. The text concludes with a glimpse to the future of the death penalty, and situates the increasingly exceptional American experience in an international context. This legal material is carefully presented so as to remain accessible to non-lawyers, and it is intended for anyone with an interest in capital punishment.
Author: David Bederman
Publisher: Foundation Press
Release Date: 2016-02-26
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.
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
This highly-acclaimed text explains the conceptual basis of federal income taxation. It is designed to help students quickly pull together the entire subject for end-of-semester review and provide perspective about where a topic fits within the federal income tax scheme. While focusing on the present income tax, the text provides an explanation of the often-discussed consumption tax and contrasts the two taxes in a note at the end of the volume. The new edition reflects developments since the thirteenth edition, including many changes made by the Tax Cuts and Jobs Act of 2017--the most significant federal tax legislation in more than thirty years.