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Interstitial Private Law
Samuel L. Bray, John C.P. Goldberg, Paul B. Miller, and Henry E. Smith
Editors:
Samuel L. Bray, John C.P. Goldberg, Paul B. Miller, and Henry E. SmithFrom the Publisher
- First volume of its kind on interstitial rules and concepts in private law theory
- Features cutting-edge work by leading private law authorities
- Moves beyond conventional subject area silos
The essays collected in Interstitial Private Law encourage the next generation of private law theorists to engage with the 'connective tissue' of private law. Internationally prominent scholars introduce and analyze these crucially important interstitial aspects, including legal personhood, agency and other attribution rules, consent, estoppel, equity, remedies, and restitution. Contributions explain what interstitial concepts are and explore the ways they operate, contributing to the systematicity and functional coherence of private law systems. In doing so, Interstitial Private Law broadens and deepens the scholarly agenda for private law theory in the United States and worldwide. -
The Oxford Handbook of the Psychology of Competition
Stephen M. Garcia, Avishalom Tor, and Andrew J. Elliot
Editors: Stephen M. Garcia, Avishalom Tor, & Andrew J. Elliot
From the Publisher
In The Oxford Handbook of the Psychology of Competition, Stephen M. Garcia, Avishalom Tor, and Andrew J. Elliot review and organize the literature on the psychology of competition and bring together leading researchers studying competition across the field of psychology. The first section on Biological Approaches reviews findings on competition from the subfields of psychobiology, neuroscience, psycho-endocrinology, and evolutionary psychology. The section on Motivational and Emotional Approaches examines the opposing motivational forces in competition and describes how competitive motivation is influenced by goals, competitive arousal, and envy. Cognitive and Decision-Making Approaches showcases relevant findings from the literature on judgment and decision making, social dilemmas, cognitive biases, and risk-taking. The section on Social-Personality and Organizational Approaches includes chapters on trait competitiveness, gender differences in competition, rivalry, status competition, and social comparison. The volume concludes with a section in which the psychological study of competition is focused on specific contexts, such as sports, education, and culture. The Oxford Handbook of the Psychology of Competition is a crucial interdisciplinary investigation into the variety of perspectives and approaches to the psychology of competition, facilitating new research and integration in the field.
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Methodology in Private Law Theory
Paul Miller and Thilo Kuntz
Methodology in Private Law Theory: Between New Private Law and Rechtsdogmatik represents a first-of-its-kind dialogue between leading lights in German and American private law theory. The chapters in this volume build upon established traditions of scholarship in German private law and harness resurgent scholarly interest in private law in the United States, inviting readers to question how private law functions on both sides of the Atlantic.
In the context of the cross-fertilization of legal scholarship, the transnationalization of law, and the historical ties between US and German debates on methodology, the volume encourages reasoned engagement with private law doctrines and institutions. It further invites reflexive consideration of diverse ways in which methods of legal analysis influence social practices where law is given, received, asserted, and negotiated. Leading methodologies of the past and present are subject to fresh elucidation and insightful criticism, including those of legal formalism, legal conceptualism, legal realism, law and economics, legal philosophy, legal history, empirical jurisprudence, Rechtsdogmatik, and other varieties of doctrinal scholarship.
Providing the necessary background for understanding different legal cultures and traditions in private law, Methodology in Private Law Theory is a must-read for anyone working within the field. -
The Southwark Fire Court
Jay Tidmarsh
From the Publisher
On 26 May 1676, a fire consumed most of central Southwark. The fire panicked the nation and helped to kindle one of the great political crises in seventeenth-century England. To spur the speedy rebuilding of the borough, Parliament turned to a device that had proven so successful in responding to the Great Fire of London ten years earlier: a fire court. This court had the power to cut through the web of legal relationships that made rebuilding difficult and to spread the cost of rebuilding between lessors and tenants.
In this book Jay Tidmarsh, James J. Clynes Professor of Law at the University of Notre Dame, Indiana, tells the story behind the Great Fire of Southwark, the City of London’s failed designs to reconstruct Southwark to its liking, and the Southwark Fire Court’s unrelenting effort to identify the builders best able to put Southwark back on its feet. The book also includes digests of all fifty-two of the Court’s decrees, which illuminate both the nature of property holdings in London and the ordinary people and places of Southwark.
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2024 Supplement to Civil Procedure: Rules, States, and Recent Developments, 6th ed.
Jay Tidmarsh, Thomas D. Rowe Jr., Suzanna Sherry, and Steven S. Gensler
From the Publisher
The 2024 Statutory Supplement includes references to two Supreme Court decisions and one cert. grant that came out at the very end of the term, after the 6th edition of the casebook went to print in mid-June. The supplement also includes the Federal Rules of Civil Procedure and edited Advisory Committee notes, as well as the United States Constitution and relevant portions of the United States Code, the Federal Rules of Appellate Procedure, and the Rules of the Supreme Court of the United States. It also contains proposed amendments to the Federal Rules of Civil Procedure and to relevant sections of the Federal Rules of Appellate Procedure. The Supplement can be used with any civil procedure casebook.
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Civil Procedure, 6th edition
Jay Tidmarsh, Thomas D. Rowe Jr., Suzanna Sherry, and Steven S. Gensler
From the Publisher
At around 700 pages, this casebook is structured so that civil procedure can be taught efficiently but at a high level. The tightly-edited cases are intended to capture students’ interest and to teach doctrines and principles well. Notes are short and clear, but also intellectually challenging. The book has enough material to cover topics either quickly or in depth, and can easily be adapted for every credit allocation from 3 to 6. The casebook introduces students to the themes running through civil procedure: efficiency and fairness, advantages and disadvantages of the adversarial system, real-life litigation strategies, and issues of federalism and separation of powers. The 6th edition has been updated to include not only the most recent Supreme Court cases, but also new cases from the lower federal courts that keep the book contemporary and maintain student interest. All the significant recent amendments to the Federal Rules of Civil Procedure are discussed.
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An Empire of Laws: Legal Pluralism in British Colonial Policy
Christian R. Burset
From the publisher: A compelling reexamination of how Britain used law to shape its empire
For many years, Britain tried to impose its own laws on the people it conquered, and English common law usually followed the Union Jack. But the common law became less common after Britain emerged from the Seven Years’ War (1754–63) as the world’s most powerful empire. At that point, imperial policymakers adopted a strategy of legal pluralism: some colonies remained under English law, while others, including parts of India and former French territories in North America, retained much of their previous legal regimes.
As legal historian Christian R. Burset argues, determining how much English law a colony received depended on what kind of colony Britain wanted to create. Policymakers thought English law could turn any territory into an anglicized, commercial colony; legal pluralism, in contrast, would ensure a colony’s economic and political subordination. Britain’s turn to legal pluralism thus reflected the victory of a new vision of empire—authoritarian, extractive, and tolerant—over more assimilationist and egalitarian alternatives. Among other implications, this helps explain American colonists’ reverence for the common law: it expressed and preserved their equal status in the empire. This book, the first empire-wide overview of law as an instrument of policy in the eighteenth-century British Empire, offers an imaginative rethinking of the relationship between tolerance and empire.Series: Yale Law Library Series in Legal History and Reference
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Unlocking the Potential of Private-School Choice: Avoiding and Overcoming Obstacles to Successful Implementation
Nicole Stelle Garnett
The parental-choice movement has secured a number of important victories in recent years. There are now 65 private-school-choice programs in the U.S., serving approximately 700,000 students, including new universal education savings account programs in Arizona, Arkansas, Iowa, Utah, and West Virginia. Despite this progress, however, existing private-school-choice programs have, in some ways, fallen short of their transformational potential. The number of students served remains stagnant and below capacity in many states, faith-based (and especially Catholic) schools continue to close despite new eligibility for public funds, most funds are used to fill seats in existing schools and rather than driving the creation of new schools, and test-score improvements have been underwhelming.
In order to realize all the benefits of parental-choice programs, advocates, policymakers, and participating schools have to pay more attention to implementation challenges, both when designing parental-choice policies and after new programs are enacted. This report discusses both categories of implementation challenges. The first category—challenges that result from policy design—includes features of many programs that make them difficult to implement, such as limits on the tax benefits available in scholarship tax-credit programs, low scholarship amounts, and eligibility restrictions. The second category—challenges that occur after programs are enacted—result from advocates’ and participating schools’ failure to take steps that would increase the likelihood of programmatic success, such as prioritizing academic improvement among program participants, better informing parents about the choices available to them, and encouraging the development of more and better schools and school networks.
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Real Estate Transactions: Problems, Cases, and Materials, 6th ed.
James J. Kelly Jr., Robin Paul Malloy, James Charles Smith, and Andrea J. Boyak
A concise text that provides students with the tools necessary to understand real estate transactions in a real-world market setting. Featuring cases and materials that reveal ethical and professional responsibility issues that allow students to see professional ethics in a real-world context. This integrated approach to explaining market and ethical constraints on transactional real estate lawyers includes clear and concise explanations on each topic.
Summary of Contents
Contents
Preface
Acknowledgments
1. Market Context for Real Estate Transactions
2. Real Estate Brokers
3. Preparing to Contract
4. Executory Contracts
5. Condition of the Property
6. Closing the Contract
7. Contract Remedies
8. Allocating Title Risk
9. Land Descriptions
10. Public Records
11. Title Products
12. Improving the Efficiency of the Title System
13. Housing Products
14. Possession and Use of Mortgaged Property
15. Residential Mortgage Products
16. Mortgage Obligations
17. Foreclosure
18. Mortgage Substitutes
19. Junior Mortgages
20. Basic Commercial Real EstateTable of Cases
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The International Legal System, Cases and Materials, 8th ed.
Mary Ellen O'Connell, Naomi Roht-Arriaza, Daniel D. Bradlow, and Diane A. Desierto
From the Publisher
The world of international law is expanding and changing at an accelerated pace. The International Legal System, 8th Edition captures the critical developments for law students as they prepare for the global legal marketplace.
Important additions to the new edition include an entirely new chapter, Humanitarian Emergency, Health and Migration Law and a thoroughly revised International Economic Law chapter with extensive new material on trade, investment, and development. Materials on Russia's 2022 invasion of Ukraine have been added, as well as material on cryptocurrencies, and updates to the discussion on climate change and other global environmental concerns.
Professor Diane Desierto has joined the book, bringing her expertise on international economic law, human rights, and dispute resolution. Together, the book's four authors have extensive knowledge and experience of five continents, making The International Legal System, 8th Edition the most international of all available international law casebooks. The book also retains its enduring strength: Investigating the interlinkages of international, national, and regional law. -
Law and Economics of the Digital Transformation
Avishalom Tor and Klaus Mathis
Editors: Klaus Mathis & Avishalom Tor
From the Publisher
This book pursues the questions from a broad range of law and economics perspectives. Digital transformation leads to economic and social change, bringing with it both opportunities and risks. This raises questions of the extent to which existent legal frameworks are still sufficient and whether there is a need for new or additional regulation in the affected areas: new demands are made on the law and jurisprudence.
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Accounting for Lawyers, Concise 6th ed.
Matthew J. Barrett and David R. Herwitz
Now in its sixth edition, the concise version of this widely adopted text responds to the demand for a concise, efficient casebook that introduces novices to financial statements and how accounting issues frequently arise in the practice of law, both in transactional work and litigation. Designed specifically for one- and two-credit hour courses for law students with no accounting background, the text of the Concise Sixth edition is about forty percent shorter than the Sixth edition, so students will find this text less expansive and easier to master. The first section of each chapter, entitled "Importance to Lawyers," explains how the topics discussed in that chapter affect lawyers and their clients. The text empowers students:
- To work backwards through the bookkeeping process and, when necessary, to trace an amount that appears on the financial statements through the accounting records to the ledgers, journals, and supporting documentation;
- To negotiate agreements or other legal documents containing accounting terminology or concepts;
- To recognize “red flags” that suggest financial difficulties--or even financial fraud; and
- To understand--and, when necessary, defend against--the opportunities to obtain accounting-related information about an underlying lawsuit and then to use that information during litigation.
Like its predecessor, the Concise Sixth edition uses a “learn by doing” approach, including:
- Illustrative financial statements from Starbucks Corporation
- Multiple problems using the financial statements from Amazon.com, Inc., Alphabet Inc., and United Parcel Service, Inc.
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Religion and the American Constitutional Experiment, 5th ed.
Richard W. Garnett, John Witte, and Joel A. Nichols
This accessible and authoritative introduction tells the American story of religious liberty from its colonial beginnings to the latest Supreme Court cases. The authors analyze closely the formation of the First Amendment religion clauses and describe the unique and enduring principles of the American experiment in religious freedom—liberty of conscience, free exercise of religion, religious equality, religious pluralism, separation of church and state, and no establishment of religion. Successive chapters map all of the 240+ Supreme Court cases on religious freedom—covering the free exercise of religion; the roles of government and religion in education; the place of religion in public life; and the interaction of religious organizations and the state. The concluding reflections argue that protecting religious freedom is critical for democratic order and constitutional rule of law, even if it needs judicious balancing with other fundamental rights and state interests. Clear, comprehensive, multidisciplinary, and balanced, this classic volume is an ideal classroom text. This new 5th edition addresses fully the new hot-button issues and cases on religious freedom versus sexual liberty; religious worship in the time of COVID; freedom of conscience and exemption claims; state aid to religion; religious monuments and ceremonies in public life; and the rights and limits of religious groups.
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International Law and the Use of Force, 3rd ed.
Mary Ellen O'Connell
This casebook on international law and the use of force brings together cases and materials on the regulation of resort to armed force and the conduct of armed conflict. It covers such pressing global issues as the Russia-Ukraine conflict, maritime disputes in the South China Sea, and civilian protection in warfare. The new edition adds important new reports by United Nations Special Rapporteurs, the Council of Europe, and the International Committee of the Red Cross. It also includes new cases from the European Court of Human Rights and other courts and tribunals. The final chapter on weapons has been revised to expand coverage of new developments.
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Legal Research Simulations
Warren Rees
When beginning a legal career, conducting legal research can seem like an insurmountable task. This book attempts to make the task manageable by first looking at background information about each of the major types of legal authority that must searched. With this information, it then examines various options for searching each one based upon the pre-existing knowledge held by the researcher. The various tools available for searching are described, including the strengths and limitations of each and the steps necessary to overcome those limitations. The text also discusses the relationship between the various sources in the hierarchy of legal authority. This information is critical while searching for relevant materials and in understanding the law once relevant materials are located. Given the nature of the tools available for legal research today, many references to the Westlaw and Lexis legal databases are included; while not necessary, access to one or both will be beneficial in understanding everything discussed in the book. Many illustrations of real-life research are included throughout. Following discussion of each major topic is a summary of the major points and an assignment designed to give the researcher experience using the tools and following the steps described in the text. A total of ten assignments, including one review assignment mid-way through the text, are included. Also included is a guide to citing various primary and secondary sources according to the rules contained in the latest version of The Bluebook: A Uniform System of Citation. References to specific rules are shown with examples of cites to all the major resources. Access to either the printed or online version of The Bluebook, while not necessary, is helpful. The book finishes with practical tips about overcoming common mistakes made when conducting legal research that will improve the researcher’s efficiency.
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Law and Economics of the Coronavirus Crisis
Avishalom Tor and Klaus Mathis
Editors: Klaus Mathis & Avishalom Tor
From the Publisher
The coronavirus pandemic struck unexpectedly, posing unprecedented challenges around the world. At the same time, this crisis also offers a unique opportunity for reflection, research, and insight regarding this and similar global and domestic crises. There is much to be learned from analysing the effects of the crisis. It provides a chance for a fresh scholarly examination of important aspects of legal regulation, policymaking, and more. This volume pursues these questions from a broad range of Law and Economics perspectives and is divided into two parts. The first part examines the immediate impact of and responses to the coronavirus crisis, while the second explores the future possibilities that scholarly analysis of this crisis can offer.
As to the immediate impact and responses, questions of compliance with regulations and safety measures, nudging and decision-making with regard to the coronavirus crisis are examined from the perspective of behavioural economics. In addition, the short- and long-term effects of various emergency policy responses on contract law are studied. Current issues and challenges like the regulation of internet platforms, excessive pricing, the right to adequate food, risk and loss allocation, as well as remote learning and examinations, which have been impacted, brought about, complicated or aggravated by the coronavirus crisis, are analysed in depth. Lastly, future possibilities in the areas of data access rights, economic instability and the balance between political-economic interests and social interests, patenting, food labels and open data are illustrated.
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Accounting for Lawyers, 6th ed.
Matthew J. Barrett and David R. Herwitz
This sixth edition of the most widely adopted text in the field continues to introduce law students with no accounting background to financial statements and the ways that accounting concepts and issues arise in transactional work and litigation. Designed for either two- or three-hour courses, this text uses a “learn by doing” approach, including:
- Illustrative financial statements from Starbucks Corporation; and
- Multiple problems using the financial statements from Amazon.com, Inc., Google Inc., and United Parcel Service, Inc.
The first section of each chapter, entitled "Importance to Lawyers," explains how the topics discussed in that chapter affect the practice of law. The text empowers students:
- To work backwards through the bookkeeping process and, when necessary, to trace an amount that appears on the financial statements through the accounting records to the ledgers, journals, and supporting documentation;
- To negotiate agreements or other legal documents containing accounting terminology or concepts;
- To recognize “red flags” that suggest financial difficulties--or even financial fraud; and
- To understand--and, when necessary, defend against--the opportunities to obtain accounting-related information about an underlying lawsuit and then to use that information during litigation.
The sixth edition incorporates numerous developments since the fifth edition, most significantly discussions about the new generally accepted accounting principles governing revenue recognition, lease accounting, and credit losses. Often collectively referred to as "new GAAP," these rules mark the most significant changes to financial accounting in at least a generation. The sixth edition also identifies and discusses various financial accounting issues that lawyers should keep in mind during the pandemic and its aftermath.
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The 1662 Book of Common Prayer
Samuel Bray
The Book of Common Prayer (1662) is one of the most beloved liturgical texts in the Christian church, and remains a definitive expression of Anglican identity today. It is still widely used around the world, in public worship and private devotion, and is revered for both its linguistic and theological virtues. But the classic text of the 1662 prayer book presents several difficulties for contemporary users, especially those outside the Church of England. The 1662 Book of Common Prayer: International Edition gently updates the text for contemporary use. State prayers of England have been replaced with prayers that can be used regardless of nation or polity. Obscure words and phrases have been modestly revised―but always with a view towards preserving the prayer book's own cadence. Finally, a selection of treasured prayers from later Anglican tradition has been appended. The 1662 prayer book remains a vital resource today, both in the Anglican Communion and for Christians everywhere. Here it is presented for continued use for today's Christians throughout the world.
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The Constitution of the United States, 4th ed.
Samuel Bray, Michael Stokes Paulsen, Michael W. McConnell, and William Baude
This casebook emphasizes the text, structure, and history of the Constitution. It uses "great cases" for learning the major issues in constitutional law, and it gives less attention to small ripples of contemporary doctrine. It emphasizes the task of interpretation, including many examples of the interpretation of the Constitution by the political branches. And it includes features of our constitutional history that are neglected in many casebooks, such as slavery, the amendment process, and the early history of the freedom of speech. The fourth edition has many refinements. It also has new cases on (among other topics) the non-delegation doctrine, legislative investigations, presidential removal, compelled speech, and the free exercise of religion, and new old cases on Article III and on the commerce power. There are also new executive and legislative materials on various topics, including impeachment and the drafting of the Bill of Rights.
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ASEAN Law and Regional Integration: Governance and the Rule of Law in Southeast Asia's Single Market
Diane Desierto
Edited by Diane Desierto and David J. Cohen
From the publisher's website: Since the passage of the ASEAN Charter in 2008, ASEAN has transformed itself from a loose economic cooperation, into a formal intergovernmental organization designed to create an “ASEAN Community” forged together in three pillar communities – the ASEAN Political-Security Community, ASEAN Economic Community, and ASEAN Socio-Cultural Community. Forty years of pre-Charter ASEAN practices, coupled with over ten years of post-Charter ASEAN practices thus far, has witnessed the conclusion of hundreds of legally binding regional treaties and similarly binding international instruments in all areas of economic, political-security, and socio-cultural concerns for Southeast Asia to achieve ASEAN’s rule of law-based development objective. Pre-Charter and post-Charter ASEAN Law is variably implemented under a hybrid governance system that depends heavily on ASEAN Member State national implementation alongside ASEAN’s evolving regional institutions. The result is not a model of deep integration as in the case of the European Union, but a particular paradigm of horizontal embeddedness of ASEAN Law – in all its norms and operational practices – contingent on the capacities and compliance of national government bureaucracies in Southeast Asia.
This edited collection is a concise authoritative volume covering the practical, doctrinal, legal, and policy aspects of the new regime of ASEAN Law and its consequences for realizing rule of law-based development in Southeast Asia’s emerging single market and production base. Drawing together contributions from a range of key thinkers in the field, the editors present the legal and policy-making issues implicated in the practical implementation of Southeast Asia’s single market and its regime for the free movement of goods, services, foreign investment, and cross-border labor. The book also examines the nature of regional law-making under ASEAN before and after the commencement of regional integration in 2015, the nature of ASEAN’s economic regulators, as well as the evolving structure for enforcement and harmonization of “ASEAN Law” through the array of Southeast Asian national courts, arbitral tribunals, and incipient mechanisms for inter-State, intra-regional, and individual-State conflict management and dispute resolution.
This book is highly relevant to students, scholars, and policy-makers with an interest in ASEAN Law and regional policy, and to Southeast Asian studies in general.
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National Security Law and the Constitution, 2nd ed.
Jimmy Gurule, Geoffrey S. Corn, Jeffrey D. Kahn, and Gary Corn
National Security Law and the Constitution provides a comprehensive examination and analysis of the inherent tension between the Constitution and select national security policies, and it explores the multiple dimensions of that conflict. Specifically, the second comprehensively explores the constitutional foundation for the development of national security policy and the exercise of a wide array of national security powers. Each chapter focuses on critically important precedents, offering targeted questions following each case to assist students in identifying key concepts to draw from the primary sources. Offering students a comprehensive yet focused treatment of key national security law concepts, National Security Law and the Constitution is well suited for a course that is as much an advanced "as applied" constitutional law course as it is a national security law or international relations course.
New to the second:
- New author Gary Corn is the program director for the Tech, Law and Security Program at American University Washington College of Law, and most recently served as the Staff Judge Advocate to U.S. Cyber Command, the capstone to a distinguished career spanning over twenty-seven years as a military lawyer
- Two new chapters: Chapter 1 (An Introduction to the "National Security" Constitution), and Chapter 17 (National Security in the Digital Age)
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Taxation of Nonprofit Organizations, 5th ed.
Lloyd Histoshi Mayer, James J. . Fishman, and Stephen Schwarz
This casebook has been adapted from the authors' pioneering and widely used casebook, Nonprofit Organizations: Cases and Materials. Topics covered include organizational and operational requirements and limitations for tax-exempt status for charitable and mutual benefit organizations, private foundations, the unrelated business income tax, and the charitable contributions deduction. An introductory chapter provides valuable perspective and a concise overview of the nontax considerations affecting choice of legal form for a nonprofit organization. The fifth edition incorporates all important new legislative, judicial and administrative developments, including the impact of the COVID-19 pandemic on the nonprofit sector; recent legislation and final regulations on the new excise taxes on excessive executive compensation and large charitable endowments; the unrelated business tax “silo” rules; proposals for enhanced regulation of donor-advised funds; and the robust policy debate over income inequality, elite philanthropy, and the implications for reform of the charitable deduction. Perfect for instructors seeking more intensive tax-focused coverage, this spin-off edition has been carefully customized for use in 2 or 3-unit J.D. and LL.M courses on taxation of the nonprofit sector. Each chapter contains a rich but manageable mix of materials, including well-edited cases, major rulings, policy excerpts, lively notes and questions, skillfully designed problems that raise policy, technical and planning issues, and bibliographic references.
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Nonprofit Organizations: Cases and Materials, 6th ed.
Lloyd Histoshi Mayer, James J. Fishman, and Stephen Schwarz
The sixth edition of this widely used casebook includes the usual rich mix of materials and is adaptable to a survey course, a policy-oriented seminar, or a more specialized J.D. or LL.M tax class. Every major topic is accompanied by a skillfully developed problem set and lively notes, questions, policy discussion, and bibliographic references. Highlights of the Sixth edition include:
- Coverage of all important developments since the last edition, including the impact of the COVID-19 pandemic on the nonprofit sector; recent legislation and final regulations on the new excise taxes on excessive executive compensation and large charitable endowments, and the unrelated business tax “silo” rules; major antitrust litigation against the NCAA and related legislative proposals to expand the rights of college athletes; and state law developments.
- Selective discussion of the American Law Institute’s forthcoming Restatement of the Law of Charitable Nonprofit Organizations.
- Division of the chapter on charitable tax exemptions into two chapters, separately covering affirmative requirements for tax exemption (Chapter 5) and limitations on exemptions and procedural requirements (Chapter 6).
- Updated author’s text addressing the robust policy debate over income inequality, “elite philanthropy,” and the implications for reform of the charitable deduction.
- Surveys of proposed tax legislation, including enhanced regulation of donor-advised funds and private foundations.
- Pruning of dated materials, more tightly edited cases and notes, and several new problems.
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International Dispute Resolution, 3rd ed.
Mary Ellen O'Connell, Anna Spain Bradley, and Amy J. Cohen
Lawyers increasingly represent clients with global interests that require working across nations and cultures. They may engage in negotiating international contracts, participate in treaty negotiations, or act as mediators in international child custody disputes. It is most common to handle international matters that come before national courts. This fully revised third edition of International Dispute Resolution prepares law students to practice with confidence in handling international disputes. The book introduces students to the range of methods available in contemporary international practice. It is a comprehensive treatment of dispute resolution processes, including negotiation, mediation, inquiry, conciliation, arbitration, and adjudication. The third edition brings two new co-authors to the book. Anna Spain Bradley (UCLA) and Amy Cohen (New South Wales/The Ohio State) have joined Mary Ellen O'Connell (Notre Dame) in collecting cases and materials that offer theoretically-informed approaches to practical issues and invoke materials inclusive of diverse perspectives. New decisions from national courts and the International Court of Justice on international dispute resolution are included. New material on investor-state arbitration and arbitrator ethics are featured, as well as a new treaty on international mediation. The problems that accompany each method are also new. International Dispute Resolution remains the only comprehensive book on this vital and growing area of law practice. The law book market has many titles on arbitration and transnational litigation. This is the only casebook that introduces students to the full array of international dispute resolution methods. Knowledge of and expertise in these areas are an essential part of the modern lawyer's toolkit to prepare them for legal practice in today's world.
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2021 Supplement to Civil Procedure: Rules, Statutes, and Recent Developments
Jay Tidmarsh; Thomas D. Rowe, Jr.; and Suzanna Sherry
The 2021 Statutory and Case Supplement brings the casebook up-to-date, noting new developments in a short introductory section. Because the supplement includes the Federal Rules of Civil Procedure and edited advisory committee notes, as well as the United States Constitution and relevant portions of the United States Code, the Federal Rules of Appellate Procedure, and the Rules of the Supreme Court of the United States, it can be used with any civil procedure casebook.
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