Author: Manuel Weitnauer
Publisher: Nomos Verlag
Release Date: 2018-11-16
Die Analyse von Rechtsnatur und Geltung des Deutschen Corporate Governance Kodex dient der Klärung der Frage, unter welchen Voraussetzungen Gerichte die Kodex-Bestimmungen als "Soft Law" anwenden dürfen, obwohl es sich hierbei nicht um Rechtsnormen im tradierten Sinne handelt. Zunächst wird der Frage nachgegangen, ob die rechtliche Geltung des DCGK bejaht werden kann, obwohl es sich beim Kodex nicht um eine Rechtsnorm handelt. Dies ist zu verneinen. Soziale Geltung und rechtsethische Rechtfertigung sind hingegen grds. zu bejahen. Es werden konkrete rechtspolitische Forderungen zur Behebung des festgestellten partiellen Demokratiedefizits gestellt. Zugleich wird die Heranziehung der unmittelbaren Drittwirkung des Grundrechts auf informationelle Selbstbestimmung bzgl. der Kodex-Bestimmungen, die die Offenlegung von Daten empfehlen, gefordert. Schließlich sollten Gerichte die Kodex-Bestimmungen als Soft Law bei der Konkretisierung von Rechtsbegriffen heranziehen dürfen.
Author: Charles L. Knapp
Publisher: Wolters Kluwer Law & Business
Release Date: 2019-02-01
In Problems in Contract Law: Cases and Materials, Ninth Edition, by Charles L. Knapp, Nathan M. Crystal, and Harry G. Prince, a balance of traditional and contemporary cases reflect the development and complexity of contract law. Explanatory notes and text place classic and contemporary cases in their larger legal context, while 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. New to the Ninth Edition: Seven new cases that reflect advances in or improved statements of contract law Two restored cases (Kirksey v. Kirksey and Hill v. Jones) that provide valuable perspectives on fundamental areas of contract law Eight new problems (including seven net additions and one replacement) to provide more review options for teachers and students and to add contemporary fact patterns A new, two-color design featuring interesting photographs illustrating people and places discussed in some of the cases Editing of note and text material to reduce length without affecting coverage Reorganization of text and comment material to focus comments primarily on historical developments, allowing professors flexibility in assigning or deleting comments Student accessibility to deleted cases from prior editions through Connected Casebook, allowing professors the further flexibility of continuing to easily assign cases for which they have a particular preference Professors and students will benefit from: Flexible application for professors with various teaching methodologies: traditional, problem, theoretical, and practical A mixture of classic and contemporary cases The authors’ emphasis on accessibility of the material—rejecting a hide-the-ball approach Review questions at the end of each chapter that are primarily designed for students to perform self-assessments of their grasp of the material. Answers with explanations are included in an appendix within the book.
Author: Michael J. Zimmer
Publisher: Wolters Kluwer Law & Business
Release Date: 2017-09-13
The ninth edition of the best-selling Cases and Materials on Employment Discrimination blends cases, notes, and problems into an integrated pedagogy that balances scholarly and practice perspectives. The authors build a conceptual framework for understanding how discrimination is defined and proven in litigation. The text allows professors to explore particular interests more deeply and permits them to take not only a litigation approach but also explore the compliance, investigation, and counseling perspectives that are characteristic of modern practice. The broad coverage integrates scholarship with legal doctrine drawn from statutes and judicial decisions. The useful Statutory Supplement is available for separate purchase. Key Benefits: Young v. UPS (reconceptualizing pregnancy discrimination). Nassar v. Uni. of Texas Sw. Med. Ctr. (requiring but-for causation for Title VII retaliation claims) Vance v. Ball State Univ. (narrowing the definition of supervisor for purposes of employer liability for sexual harassment) EEOC v. Abercrombie & Fitch (reconceptualizing claims of religious discrimination). New circuit court decisions on sexual orientation discrimination under Title VII. Streamlined coverage. Materials have been reworked, thus reducing page count by 100 pages.
Author: Stephen Gillers
Publisher: Wolters Kluwer Law & Business
Release Date: 2014-12-08
Writing in his direct and lively style, Stephen Gillers explores the subtleties and nuances of the legal and ethical rules governing lawyers and judges. From great teaching cases, timely materials, and realistic problems, students come away with new insight, equipped to detect and avoid improper conduct over the course of their professional careers. Refined through years of classroom use, this casebook offers: Comprehensive coverage covers the full range of professional responsibility issues in less space (about 20 percent shorter than the 9th edition). Well-balanced mix of cases, secondary sources, timely materials (often drawn from recent headlines), engaging problems, and challenging notes. Goes beyond the rules in recognizing that the law is not necessarily self-evident and covers many subtleties; Gillers discusses the rules from different perspectives. Students are thus better equipped to detect and avoid improper conduct in their professional life than if they had learned the rules alone. Excellent case selection. Relevant cases exemplify multiple variations on particular themes. Realistic, helpful problems. Abundant problems, many based on actual events, that facilitate class discussion and enable students to understand the rules and regulations that will govern their professional behavior. Detailed notes provide in-depth treatment of the issues. High-profile author. Stephen Gillers is a highly visible and recognized national authority on professional responsibility. Accessible and engaging style. The writing is characterized by variety, clarity, and humor. Accompanied by an outstanding annual statutory supplement. Co-authored by Roy D. Simon, Andrew M. Perlman, and John Steele, the popular Regulation of Lawyers: Statutes and Standards covers all major, minor, and state variations on the rules governing lawyers and judges. New to the Tenth Edition: New cases, including People v. Marshall; Thul v. One West Bank, FSB; In re Glass; Rodriguez v. Disner; Stropnicky v. Nathanson; and United States v. Kentucky State Bar. New and revised materials, including on the risks of using social media; ethical obligations of insurance defense lawyers; and whether a conflicted lawyer can advise a client to waive a conflict if waiver favors the lawyer. New problems on fraud and spoliation; prosecutorial conflicts; settlements conditioned on non-disclosure of dangerous products; campaign contributions and recusal; lawyers as whistleblowers against their clients under Dodd-Frank; and Brady obligations. Many current problems have been revised. In addition, a New Concise Edition, approximately 550 pages, will be available in January 2015. You can depend on author Stephen Gillers to provide a stimulating and dynamic classroom experience. Through nine editions, Regulation of Lawyers has consistently responded to the times by mapping a legal and ethical landscape with penetrating insight.
After your casebook, Casenote Legal Briefs will be your most important reference source for the entire semester. It is the most popular legal briefs series available, with over 140 titles, and is relied on by thousands of students for its expert case summaries, comprehensive analysis of concurrences and dissents, as well as of the majority opinion in the briefs. Casenote Legal Briefs Features: Keyed to specific casebooks by title/author Most current briefs available Redesigned for greater student accessibility Sample brief with element descriptions called out Redesigned chapter opener provides rule of law and page number for each brief Quick Course Outline chart included with major titles Revised glossary in dictionary format
Author: James D. Cox
Publisher: Wolters Kluwer Law & Business
Release Date: 2016-11-08
The national reputation of the authors, their balance of practice and doctrine, and a highly teachable structure have all made Securities Regulation: Cases and Materials the best-selling text in the field. Applauded for excellent coverage of the 1934 and 1935 Acts, the text remains sophisticated yet not intimidating. Modular chapters adapt to a variety of teaching styles, giving the instructor flexibility in course design. Well-written, interesting problems expose students to theory as well as the practical issues that impact investors. New to the Eighth Edition: The casebook fully integrates all the newly adopted exemptions such as Regulation A, Crowdfunding, and the newly enacted resale exemption Section 4(a)(7) along with problems developed to illustrate their operation Complete reworking of exemption chapter, including new material and problems on Regulation A+, Crowdfunding, and relaxation of solicitation restrictions for certain Rule 506 offerings Examines market developments such as Unicorns and the disappearance of listings in the U.S. and abroad Changes in underwriting processes with emphasis given to role of research reports in promoting public offerings Compete treatment of the Supreme Court’s 2014 Halliburton decision, and the post-Halliburton developments on proving price distortion and pleading loss causation Thorough treatment of the Supreme Court’s Omnicare decision on liability for statements of opinion Materials and problems on proxy regulation, particularly in the aftermath of the Walmart case under Rule 14a-8 Materials on insider trading tipper-tippee liability in the aftermath of Newman and Salman Contemporary problems facing hedge funds, investment advisers and mutual funds New material on post-Morrision developments affecting extraterritorial application of securities laws New material and problems on real estate as securities including the Ninth Circuit's Salameh decision
Author: Christopher B. Mueller
Publisher: Wolters Kluwer Law & Business
Release Date: 2018-11-12
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. Evidence Under the Rules: Text, Cases, and Problems is one of the most widely-adopted Evidence casebooks ever published. Structured around the Federal Rules of Evidence, the book contains carefully edited cases and secondary materials, as well as numerous problems that allow students to apply concepts during classroom exercises or on their own. Text boxes provide interesting background on select cases and additional perspectives on key issues. The Ninth Edition has been updated to include the most recent Evidence cases and developments, as well as insights into recent and pending amendments to the Federal Rules. It has been streamlined by shortening or eliminating some notes, making it even more user-friendly. It contains applications of evidence law to factual scenarios that students are likely to find particularly interesting. New to the Ninth Edition: Discussion of recent influential cases, including the Supreme Court’s decisions in Ohio v. Clark and Pena-Rodriguez v. Colorado, as well as the most contemporary federal circuit and trial court decisions New problems exploring issues on Rule 404(b) evidence, Rule 410 protections for plea bargaining statements, the Rule 606(b) ban on postverdict juror testimony, demonstrative aids, and attorney-client privilege New Comment/Perspective boxes on issues of “corporate character evidence” and the use of handwriting experts to authenticate writings after Daubert Discussion of recent amendments to the Federal Rules, such as the amendment to the Rule 803(16) Ancient Documents hearsay exception, as well as discussion of the pending proposal to amend the Rule 807 Residual exception to the hearsay rule Professors and students will benefit from: Introductory text that provides a foundation for understanding the cases and materials that follow Numerous problems that treat cutting-edge issues, allowing students to apply important concepts to contemporary evidentiary problems Guidance for answering Note questions to assist students in understanding how to approach nuanced evidentiary questions “Comment/Perspective” text boxes that provide broader perspectives to aid in understanding doctrine 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.
Author: Sanford H. Kadish
Publisher: Wolters Kluwer Law and Business
Release Date: 2012
Highly respected authorship defines Criminal Law and Its Processes: Cases and Materials. Sanford H. Kadish, Stephen J. Schulhofer, Carol S. Steiker, and new co-author Rachel E. Barkow are nationally recognized scholars. Their cohesive intellectual framework views the law as an instrument of social control, providing an analytical tool with which students can interpret and understand doctrine. Criminal Law and Its Processes: Cases and Materials focuses on developing an understanding of principles and rules applicable to all crimes, rather than the detailed and disjointed elements of any particular crime. Cases-and-notes pedagogy, with excerpted materials, questions, and problems, illuminate the material. Problems enhance students' understanding of the basic principles by testing their applications and interactions in the context of particular offenses. The Ninth Edition preserves the continuity with its predecessors and makes little fundamental change in organization or coverage, retaining nearly all the principal teaching cases, with recent cases and illustrations added. The text has been carefully edited throughout to enhance the transparency of the organization and accessibility of the notes and questions. Text has been added that guides students--before and after main cases--to understand what those cases are designed to illustrate. Overall, the book features increased clarity and ease of teaching while preserving the book's challenging and sophisticated content. A completely reorganized and revised chapter on group crime includes more student-friendly treatment of accomplice liability and conspiracy that will facilitate the mastery of basic doctrine while emphasizing important policy questions. A new section on punishing corporations for criminal conduct includes an analysis of deferred prosecution and non-prosecution agreements. The updated theft chapter explores the important modern crimes of honest services fraud and identity theft. New problems also test students' understanding of traditional theft offenses as applied to modern technology and intellectual property. The chapter on rape has been dramatically revised with current examples of debates over force and consent as well as new notes on male rape victims and human trafficking. Revised coverage of the death penalty provides a balanced treatment of the issue, incorporates the latest empirical research, and offers new notes on the potential causes of racial discrimination. An updated chapter on homicide includes a completely new section on felony murder. Also revised is the treatment of proportionality; it includes recent Supreme Court case law under the Eighth Amendment and challenges to life without the possibility of parole sentences. The question of what to punish is now explored through the lens of teenage bullying. Finally, new sentencing materials have been introduced, including a case study of Bernie Madoff's sentencing. Features Highly respected authorship Kadish, Schulhofer, Steiker, and new co-author Barkow are nationally recognized scholars Cohesive intellectual framework views the law as an instrument of social control provides an analytical tool with which students can interpret and understand doctrine Cases-and-notes pedagogy includes excerpted materials, questions, and problems Develops an understanding of principles and rules applicable to all crimes sees beyond the detailed, disjointed elements particular crimes Helpful problems enhance students understanding of basic principles test their applications and interaction in the context of particular offenses
Author: Ronald J. Mann
Publisher: Aspen Publishers
Release Date: 2002
For a thorough explanation of the legal systems that govern the full range of payment transactions, instructors can depend on Payment Systems and other financial transactions: Cases, Materials and Problems, Second Edition. When you review the Second Edition be sure to notice its: extraordinary authorship; Ronald J. Mann is one of the country's leading commercial law scholars and currently serves as Reporter for revisions tot he UCC articles related to checks unmatched breadth of coverage, including checks, credit cards, debit cards, ACH transactions, wire transfers, letters of credit, notes, guaranties, and securities effective application of the systems approach, grounded in detailed, practical explanations of how payment systems actually work text and problems that focus on how the rules apply in practice organization into 25 assignments, each including realistic problems that cover the major points students need to master extensive Teacher's Manual, with answers to all the problems in the book, plus specific guidance for structuring the assingments around a 50-minute, 75-minute, or two-hour class The Second Edition presents: an assignment on ACH Transactions cases interpreting the 1990 versions of Article 3 and 4: Gina Chin & Associates v. First Union Bank, Heritage Bank v. Lovett, and Grain Traders, Inc. v. Citibank coverage of proposed revisions of Articles 3 and 4 Transition Guide in the Teacher's Manual To show your students how theory translates into practice, use Payment Systems and Other Financial Transactions: Cases, Materials, and Problems, Second Edition, in your next course.
Author: Edward Rubin
Publisher: Cambridge University Press
Release Date: 2012-04-16
During the coming decades, the digital revolution that has transformed so much of our world will transform legal education as well. The digital production and distribution of course materials will powerfully affect both the content and the way materials are used in the classroom and library. This collection of essays by leading legal scholars in various fields explores three aspects of this coming transformation. The first set of essays discusses the way digital materials will be created and how they will change concepts of authorship as well as methods of production and distribution. The second set explores the impact of digital materials on law school classrooms and law libraries and the third set considers the potential transformation of the curriculum that the materials are likely to produce. Taken together, these essays provide a guide to momentous changes that every legal teacher and scholar needs to understand.
Publisher: Aspen Law & Business
Release Date: 2003
This comprehensive teaching and learning tool contains everything instructors need to round out their Evidence course: - Federal Rules of Evidence, including proposed but not enacted rules - The California Evidence Code, which serves as a model for various state codes - selected legislative history to explain key concepts and demonstrate the origins and evolution of the law - important cases that illustrate current applicationsOriginally intended to supplement the authors' popular casebook, this carefully-constructed supplement has been effectively used with a wide range of materials by instructors nationwide. Now updated to incorporate all recent changes and developments, Federal Rules OF Evidence, 2003 Edition, offers wealth of class-tested materials to enhance your next course.
Author: Jesse Dukeminier
Publisher: Wolters Kluwer Law & Business
Release Date: 2014-10-30
Wills, Trusts, and Estates retains the late Jesse Dukeminier's unique blend of wit, erudition, insight, and playfulness while covering all the key topics in a logical, clear organization. Interesting cases--not only fun to read, but fun to teach as well--are enhanced and connected to broader legal principles by well-written notes, questions, and problems. The Ninth Edition introduces a completely new, two-color design for a clearer presentation of core material and didactic imagery. Shaded box "sidebars" insert context, background, and real-life examples throughout the text. Improved organization consolidates the material into blocks that follow an orderly and logical progression. An introductory chapter on trusts appears before nonprobate transfers, providing much-needed context for revocable trusts as will substitutes. Reorganization enhances the revised material on nonprobate transfers and trust administration, creditor's rights, trust modification, probate transfers, spousal and children's shares, and trusts. The Ninth Edition features the latest developments in statutes, law reform projects, scholarly writing, and cases, such as those on revocable trusts and harmless error in will execution. Relevant uniform law activity is discussed, including the new Uniform Premarital and Marital Agreements Act, and attention is paid to the finalization of the new Restatements on Property and Trusts. Updates to the social science work on inheritance and intestacy are presented. Attention is paid to developments affecting inheritance among same-sex partners. Features: retains the late Jesse Dukeminier's unique blend of wit, erudition, insight, and playfulness covers all the key topics in a logical, clear organization interesting cases that are not only fun to read, but fun to teach as well cases enhanced and connected to broader legal principles by well-written notes, questions, and problems Thoroughly updated, the revised Ninth Edition presents: a completely new, two-color design two colors make a clearer presentation of core material and didactic imagery shaded box "sidebars" insert context, background, and real-life examples improved organization consolidates the material on wills, trusts, and nonprobate transfers into blocks that follow an orderly and logical progression an introductory chapter on trusts appears before nonprobate transfers, providing much-needed context for revocable trusts as will substitutes thorough revision and reorganization of the material on nonprobate transfers and trust administration, creditor's rights, and trust modification revision and reorganization of chapters on probate transfers, spousal and children's shares, and trusts the latest developments in cases, statutes, law reform projects, and scholarly writing new developments in cases, such as revocable trusts and harmless error in will execution relevant coverage of uniform law activity, including the new Uniform Premarital and Marital Agreements Act finalization of the new Restatements on Property and Trusts.
Author: Douglas J. Whaley
Publisher: Aspen Law & Business
Release Date: 2006
For a clear and straightforward explanation of the complexities of bankruptcy law, turn to this fully revised, problem-oriented casebook. PROBLEMS AND MATERIALS ON DEBTOR AND CREDITOR LAW, Third Edition, demystifies the new Bankruptcy Act as it illustrates and demonstrates important rules and concepts. This student-friendly casebook takes a practical approach to the subject: uses a lively mix of problems, text, and cases comprehensive coverage provides a solid introduction to the Bankruptcy Code, statutory rules, and issues of bankruptcy law popular problems approach allows students to focus on the nuts and bolts of the law as it is actually applied in practice carefully chosen cases demonstrate how the overall bankruptcy system works clear and lucid writing style sensible organization, beginning with an overview of bankruptcy law manageable length, due to the concise, efficient, and effective format of the book The new edition addresses: the new Bankruptcy Act, recently enacted by Congress after eight years of deliberation major statutory changes in bankruptcy law reflected in completely updated material new cases necessary adjustments for class preparation, conveniently presented in the updated Teachers Manual
Author: Stephen C. Yeazell
Publisher: Wolters Kluwer Law & Business
Release Date: 2015-12-01
Civil Procedure is written by one of the leading voices on Procedure, Stephen Yeazell, who for this Ninth Edition is joined by his colleague Joanna Schwartz. Yeazell and Schwartz employ a pedagogical style that offers flexible organization at a manageable length. The book gives students a working knowledge of the procedural system and introduces the techniques of statutory analysis. The cases selected are factually interesting and do not involve substantive matters beyond the experience of first-year students. The problems following the cases present real-life issues. Finally, the book incorporates a number of dissenting opinions to dispel the notion that most procedural disputes present clear-cut issues.
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. This brief, Problems-based book is popular with students and instructors alike because it offers clear text and a practical, straightforward approach to the law of secured transactions. Secured Transactions is a difficult course, but the authors make it interesting through a juxtaposition of Problems designed to illustrate the issues addressed by the relevant section of the Uniform Commercial Code, along with representative cases and textual explanations for the more recondite issues. Throughout the book emphasis is placed on the actual practice of law in this area where expertise often leads to job offers. Features: Thorough and up-to-date coverage on black letter law. Popular Problems approach enjoyed by professors and students alike--straightforward and practical Problems, with interesting fact patterns, explore different portions of the Uniform Commercial Code and provide students with the important context (while still allowing them to determine the answer independently) in which the issues arise. Important cases which are teachable and interesting and illustrate the reactions of the courts to the issues. Flexible content and organization--adaptable to many teaching styles, and allowing the instructor more freedom to structure the course. 9th ed. features new case (In the Matter of Faith Ann Peaslee and Others), new/expanded Problems on key issues, and an updated Teacher's Manual. 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.