The Oxford Introductions to U S Law

Author: Randy E. Barnett
Publisher: Oxford University Press
ISBN: 9780199996391
Release Date: 2010-04-21
Genre: Law

Written by a leading expert in the field, The Oxford Introductions to U.S. Law: Contracts provides students with ready access to the basic doctrines of contract law, the story behind their evolution, and the rationales for their continued existence. An engaging book that allows students to grasp the "big picture" of contract law, it is organized around the principle that lies at the heart of contracts: consent. Beginning with the premise of "consent," the book provides a cohesive framework in which to understand the various aspects of contract law.

The Oxford Introductions to U S Law

Author: Thomas W. Merrill
Publisher: Oxford University Press
ISBN: 9780199718085
Release Date: 2010-04-21
Genre: Law

The Oxford Introductions to U.S. Law: Property provides both a bird's eye overview of property law and an introduction to how property law affects larger concerns with individual autonomy, personhood, and economic organization. Written by two authorities on property law, this book gives students of property a coherent account of how property law works, with an emphasis on describing the central issues and policy debates. It is designed for law students who want a short and theoretically integrated treatment of the subject, as well as for lawyers who are interested in the conceptual foundations of the law of property.

The Oxford Introductions to U S Law

Author: John C.P. Goldberg
Publisher: Oxford University Press
ISBN: 9780199996407
Release Date: 2010-06-03
Genre: Law

Torts--personal injury law--is a fundamental yet controversial part of our legal system. The Oxford Introductions to U.S. Law: Torts provides a clear and comprehensive account of what tort law is, how it works, what it stands to accomplish, and why it is now much-disputed. Goldberg and Zipursky--two of the world's most prominent tort scholars--carefully analyze leading judicial decisions and prominent tort-related legislation, and place each event into its proper context. Topics covered include products liability, negligence, medical malpractice, intentional torts, defamation and privacy torts, punitive damages, and tort reform.

The Oxford Introductions to U S Law

Author: Michael C. Dorf
Publisher: Oxford University Press
ISBN: 9780199315031
Release Date: 2010-10-07
Genre: Law

The Oxford Introductions to U.S. Law: Constitutional Law presents an accessible introduction to the enduring topics of American constitutional law, including judicial review, methods of interpretation, federalism, separation of powers, equal protection, and individual liberties. One of the most important functions performed by the American Constitution and the more than two centuries' worth of cases interpreting it is the allocation of decision-making. Professor Dorf and Professor Morrison frame many of these constitutional debates with this question of authority. When should courts rule that the Constitution takes some issue outside of the domain of ordinary politics? Should courts referee disputes between the branches of the federal government? Should they referee disputes between the states and the national government? Using what standards? This introduction to American constitutional law critically examines the work of the Supreme Court of the United States, which has resolved thousands of constitutional controversies based on the shortest national constitution on the planet. The authors also look beyond the Supreme Court, exploring the arguments for and against judicial review and various versions of popular constitutionalism.

The Oxford Introductions to U S Law

Author: Brian Bix
Publisher: Oxford University Press
ISBN: 9780199996827
Release Date: 2013-03-15
Genre: Law

A book about family law is necessarily a book both about family life and the role law can and should take in regulating family life. Individually and together, these are vast topics. American family law is ever-changing and affects every facet of our lives. The Oxford Introductions to U.S. Law: Family Law provides a critical introduction to the enduring topics in the field, including not only an overview of the basic rules, but also the history and principles underlying them. In this short and accessible volume, Brian Bix gives the necessary legal background for understanding current media coverage and political debates in family law. He explores the general principles and fundamental themes that currently dominate legislation and case law in the area while marking trends for change. Topics covered include same-sex marriage, divorce reform, surrogacy, open adoption, domestic violence, and the standards applied to custody battles. Ultimately, The Oxford Introductions to U.S. Law: Family Law illuminates our collective struggle to shape the proper role for individuals, families, and government in U.S. family life and family law, providing an essential introduction to the richness and complexity of the subject.

Philosophical Foundations of Contract Law

Author: Gregory Klass
Publisher: OUP Oxford
ISBN: 9780191022081
Release Date: 2014-12-18
Genre: Law

In recent years there has been a revival of interest in the philosophical study of contract law. In 1981 Charles Fried claimed that contract law is based on the philosophy of promise and this has generated what is today known as 'the contract and promise debate'. Cutting to the heart of contemporary discussions, this volume brings together leading philosophers, legal theorists, and contract lawyers to debate the philosophical foundations of this area of law. Divided into two parts, the first explores general themes in the contract theory literature, including the philosophy of promising, the nature of contractual obligation, economic accounts of contract law, and the relationship between contract law and moral values such as personal autonomy and distributive justice. The second part uses these philosophical ideas to make progress in doctrinal debates, relating for example to contract interpretation, unfair terms, good faith, vitiating factors, and remedies. Together, the essays provide a picture of the current state of research in this revitalized area of law, and pave the way for future study and debate.

The Oxford Introductions to U S Law

Author: Dan Hunter
Publisher: Oxford University Press
ISBN: 9780195340600
Release Date: 2012-01-12
Genre: Law

This text offers an overview and analysis of current IP laws and their history. An introduction to copyright, patent, trademark and trade secrets is provided. Modern intellectual property is looked at in terms of how innovation and progress are linked to IP law, and how small changes in the laws have had significant consequences for society--provided by publisher.

Contract Law in Perspective

Author: Linda Mulcahy
Publisher: Psychology Press
ISBN: 185941771X
Release Date: 2004
Genre: Law

This book complements 'black letter' treatments of contract by looking at legal doctrine and statutes in their social. political and economic context. In addition to describing the key doctrines in the field it explains the ideology behind them and considers the extent to which they serve the needs of the business community and consumers. The book aims to broaden understanding and appreciation of the subject by reference to the 'big ideas' in contract theory and how these relate to practice at a level which is suitable for students. This latest edition of an established text has been substantially revised. The chapters on standard form contracts. government contracts. contract and competition. and clauses regularly found in business contracts have been updated. In addition there are new chapters on contemporary critiques of contract and dispute resolution in the post Woolf era which introduce students to new ideas about the modern day role of contract.

Law A Very Short Introduction

Author: Raymond Wacks
Publisher: OUP Oxford
ISBN: 9780191579578
Release Date: 2008-03-27
Genre: Law

Law underlies our society - it protects our rights, imposes duties on each of us, and establishes a framework for the conduct of almost every social, political, and economic activity. The punishment of crime, compensation of the injured, and the enforcement of contracts are merely some of the tasks of a modern legal system. It also strives to achieve justice, promote freedom, and protect our security. The result is a system that, while it touches all of our daily lives, is properly understood by only a few, with its impenetrable jargon, obsolete procedures, and interminable stream of Byzantine statutes and judgments of the courts. This clear, jargon-free Very Short Introduction aims to redress that balance, as it introduces the essentials of law and legal systems in a lively, accessible, and stimulating manner. Explaining the main concepts, terms, and processes of the legal system, it focuses on the Western tradition (the common law and the civil law), but also includes discussions of other legal systems, such as customary law and Islamic law. And it looks to the future too, as globalization and rapid advances in technology place increasing strain on our current legal system. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.

American Law in a Global Context

Author: George P. Fletcher
Publisher: Oxford University Press, USA
ISBN: 0195167236
Release Date: 2005
Genre: Law

Resource added for the Paralegal program 101101.

Koffman Macdonald s Law of Contract

Author: Elizabeth Macdonald
Publisher: Oxford University Press, USA
ISBN: 9780199644834
Release Date: 2014-04-03
Genre: Law

If you are new to the study of law then Koffman and Macdonald's The Law of Contract will provide you with a clear, non-technical account of contract law that will take you through your first year module. The authors' case summaries, extracts and analyses will show you how the law works in practice, give you a good knowledge of the key cases in the area, and help you to refine your own case-reading skills. Coverage has been carefully reviewed to match undergraduate contract law courses across the country.

The Constitutional Foundations of European Contract Law

Author: Kathleen Gutman
Publisher: OUP Oxford
ISBN: 9780191025471
Release Date: 2014-12-18
Genre: Law

Situated within the context of the ongoing debate about European contract law, this book provides a detailed examination of the European Union's competence in the field of contract law. It analyses the limits of Union competence in relation to several relevant Treaty provisions which potentially confer competence on the Union to adopt a comprehensive contract law instrument and the exercise of Union competence in connection with the operation of the principles of subsidiarity, proportionality and sincere cooperation. It also explores the viability of several alternative and complementary routes to the adoption of such an instrument, including enhanced cooperation, an intergovernmental treaty and certain American techniques. Setting forth an elaborate account of the context for this debate and its chronological development at the European level, this book charts the discussions relating to the European Union's competence to regulate contract law and offers a comparative analysis of the approach taken to the approximation of contract law in the American setting. Setting forth a detailed account of the context for this debate and its chronological development at the European level, the book charts the discussions that have occurred within and outside the EU relating to the transnational competence to regulate contract law. Situating European constitutional law within the continued debate about European contract law, it also reflects upon the contract law structure of the United States and examines the viability of alternative and complementary routes to the adoption of a comprehensive instrument of substantive contract law.

Gain Based Damages

Author: James Edelman
Publisher: Bloomsbury Publishing
ISBN: 9781847316820
Release Date: 2002-04-19
Genre: Law

On July 27,2000 the House of Lords delivered a decision where, for the first time in English law, it explicitly recognised that damages for civil wrongs can be assessed by reference to a defendant (wrongdoer)'s gain rather than a claimant's loss. The circumstances in which such gain-based damages might be available were left for development incrementally. This book considers the nature of gain-based damages and explains when they have historically been available and why, and provides a framework for appreciating the operation of such damages awards. The first part of the book justifies the existence of these damages, which focus upon a defendant wrongdoer's gain made as a result of a civil wrong, explaining the nature and need for such a remedy and the scope of civil wrongs. The core thesis of the book is that two different forms of such gain-based damages exist: the first is concerned with restitution of a defendant's gains wrongfully transferred from a claimant; the second is concerned only with stripping profits from the defendant's hands. Once these two gain-based damages awards are separated they can be shown to be based upon different rationales and the basis for their availability can be easily understood. The second part of the book considers and applies this approach, demonstrating its operation throughout the cases of civil wrongs. The operation of the two forms of gain-based damages is demonstrated in cases in the area of tort (chapter 4), contract (chapter 5), equitable wrongs (chapter 6) and intellectual property wrongs (chapter 7). It is shown that these gain-based damages awards have long been available in these areas and their operation has conformed to clear principle. The difficulty that has obscured the principle is the nomenclature which has hidden the true gain-based nature of many of these damages awards.