Author: H. Jefferson Powell
Publisher: University of Chicago Press
Release Date: 2008-09-15
While many recent observers have accused American judges—especially Supreme Court justices—of being too driven by politics and ideology, others have argued that judges are justified in using their positions to advance personal views. Advocating a different approach—one that eschews ideology but still values personal perspective—H. Jefferson Powell makes a compelling case for the centrality of individual conscience in constitutional decision making. Powell argues that almost every controversial decision has more than one constitutionally defensible resolution. In such cases, he goes on to contend, the language and ideals of the Constitution require judges to decide in good faith, exercising what Powell calls the constitutional virtues: candor, intellectual honesty, humility about the limits of constitutional adjudication, and willingness to admit that they do not have all the answers. Constitutional Conscience concludes that the need for these qualities in judges—as well as lawyers and citizens—is implicit in our constitutional practices, and that without them judicial review would forfeit both its own integrity and the credibility of the courts themselves.
Author: Jesse Dukeminier
Publisher: Wolters Kluwer Law & Business
Release Date: 2017-11-22
Jesse Dukeminier’s trademark wit, passion, and human interest perspective has made Property, now in its Ninth Edition, one of the best—and best loved—casebooks of all time. A unique blend of authority and good humor, you’ll find a rich visual design, compelling cases, and timely coverage of contemporary issues. In the Ninth Edition, the authors have created a thoughtful and thorough revision, true to the spirit of the classic Property text. Key Benefits: A new chapter on the Intellectual Property/Property relationship, that gives students a taste of patent law, copyright law, trademark law, and trade secrets law. The chapter highlights the differences and similarities among the legal treatment of real, chattel, and intellectual property. A dynamic, two-color designed casebook that encompasses cases, text, questions, problems, examples and numerous photographs and diagrams. Extended coverage of major recent Supreme Court decisions, including Murr v. Wisconsin, Horne v. Department of Agriculture, and Marvin M. Brandt Revocable Trust v. United States.
Author: Peter Jan Honigsberg
Publisher: Gilberts Law Summaries
Release Date: 2011-06-01
This outline covers court systems, precedent, case reporting system (including regional and state reporters, headnotes and the West Key Number System, citations, and case finding), statutes, constitutions, and legislative history, and secondary sources (including treatises, law reviews, digests, and restatements). Also discussed are administrative agencies (including regulations, and looseleaf services), Shepard's Citations, computers in legal research, reading and understanding a case (including briefing a case), using legal source books, basic guidelines for legal writing, organizing your research, writing a memorandum of law, writing a brief, and writing an opinion or client letter.
Author: Craig Allen Nard
Publisher: Wolters Kluwer Law & Business
Release Date: 2017-02-27
This comprehensive and practical book focuses on the core concepts of Intellectual Property. Its innovative pedagogy engages students with problems drawn from actual cases and provides them with introductions to cases and contextual summaries in the notes. Patent: Up to date Federal Circuit and Supreme Court case law, including: • Nautilus, Alice, Teva, Williamson, and Lexmark • Detailed substantive comments following the principal cases • More statistics and charts, particularly relating to USPTO decision-making and PTAB inter partes review • Enhanced Patent Reform Perspectives (i.e., America Invents Act) Copyright: • Expanded coverage of contemporary developments in copyright law, with 13 new cases; • Broader coverage of recent developments gives adopters greater flexibility in choosing materials within that structure. Trademark: • Updated to reflect recent Supreme Court decisions • New materials on bars to registration, functionality, expressive use, and remedies
Author: Douglas E. Ray
Release Date: 2014-10-29
This Understanding treatise examines the multifaceted and complex law of private-sector Labor Law. Because Understanding Labor Law focuses on relations between management and labor in the private sector, it deals primarily with the National Labor Relations Act, as amended, and its interpretation and application by the federal courts and the National Labor Relations Board. The book is organized in a format that is consistent with the organization of most Labor Law courses. At the end of each chapter is a section titled "Chapter Highlights," summarizing some of the major doctrines discussed in the chapter. This eBook features links to Lexis Advance for further legal research options.
Author: Michael Green
Release Date: 2016-12
The subjects discussed in this outline are intentional torts, negligence, strict liability, products liability, nuisance, survival of tort actions, wrongful death, and immunity. Also included are release and contribution, indemnity, workers' compensation, no-fault auto insurance, defamation, invasion of privacy, misrepresentation, injurious falsehood, interference with economic relations, and unjustifiable litigation.
Author: Marc I. Steinberg
Release Date: 2014-04-09
This Understanding treatise follows a logical sequence of analysis of a securities issue. The author begins by defining a "security" and registration exemptions, and then continues through the process for non-exempt transactions. Understanding Securities Law clearly, thoroughly, and concisely addresses the subjects covered in basic Securities Regulation courses, including: • The definition of securities exemptions from registration; • the registration framework and process; • Sarbanes-Oxley Act; • SEC Securities Act Offering Rules; • Resales and reorganizations; • Due diligence; • Liabilities and remedies; • Affirmative disclosure duties; • Insider trading; • SEC enforcement; and • Professional responsibility. The author also includes a glossary of key terms, statutes, rules, regulations and forms and schedules, and comparative charts synopsizing previously discussed materials. The text covers the regulation of public and privately held companies under the Securities Acts, SEC "fraud" concepts, civil liabilities under the securities laws, and state "Blue Sky" laws. It also discusses the Sarbanes-Oxley legislation, SEC public offering rules, SEC regulations on the resale of securities, and recent federal Supreme Court and appellate court decisions. The eBook version of this title feature links to Lexis Advance for further legal research options.