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  Appellate Review of Trial Court Decisions

  J. Eric Smithburn

  Understanding the different standards of review is necessary to the lawyer's informed reading of the appellate opinion. Further, the lawyer should use standard of review to discuss with the client the nature of the trial court's decision and the likelihood of success on review. If the client understands the difference between questions of law, which are reviewed de novo, and discretionary decisions, which are generally deferred to unless unreasonable, he or she will form realistic expectations about the trial and whether to consider an appeal. This casebook discusses the role of appellate courts and the history of appellate review and presents an overview of the concepts of scope of review and standard of review. It is organized into chapters on the different standards of review and includes notes and questions. The book is adaptable to a lecture-discussion format or as a classroom adjunct to a seminar-research paper arrangement.

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  Davies on contract, 10th ed.

  Geoffrey J. Bennett and Robert Uppex

  'Davies on Contract' introduces contract law, breaking the subject down into its component parts and providing an explanation of each area. This edition has been extensively rewritten and restructured to reflect the changes in the way that contract law is presently taught.

  CONTENTS:

  • Making the agreement
  • What is within the agreement
  • Defects in the agreement
  • Who is within the agreement
  • Ending the agreement

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  Comparative Legal Traditions in a Nutshell, 3d ed.

  Paolo G. Carozza, Mary Ann Glendon, and Colin B. Picker

  An introduction to comparative law written from the American lawyer’s viewpoint rather than that of the European civil law lawyer. This expert discussion concentrates on the three major legal traditions of the West: civil, common, and socialist. Subjects covered include legal structures in civil law nations; legal actors in civil law tradition; procedure; substantive law; sources of law; judicial process; and rules. Also contains chapters on the European Union and the European human rights system.

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  Congress & Sports Agents: A Legislative History of the Sports Agent Responsibility and Trust Act

  Edmund P. Edmonds, William H. Manz, and Thomas J. Kettleson.

  Although a majority of individual states have adopted legislation directed toward the conduct of sports agents, the federal government found it necessary to enact Public Law 108-304, the Sports Agent Responsibility and Trust Act (SPARTA). Congress has recognized that many acts of sports agents go unpunished because of disparate, ineffective, or in some cases, a complete absence of state laws.

  This volume offers readers the legislative history of SPARTA, including copies of the law, reports, hearings, and related bills. An additional feature of the set is an appendix containing state legislation in this area. The appendix includes the language from each specific state that enacted the uniform act while also including those acts from legislatures who charted their own course.

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  Unfunding Terror: The Legal Response to the Financing of Global Terrorism

  Jimmy Gurule

  The September 11, 2001 terrorist attacks that claimed the lives of 2,973 innocent civilians required as much as $500,000 to stage. At the time, al Qaeda was operating on an annual budget of between $30 and $50 million. However, despite the obvious fact that terrorists need money to terrorize, preventing the financing of terrorism was not a priority for the United States or the international community prior to 9/11. Jimmy Gurule, former Under Secretary for Enforcement in the US Department of the Treasury, provides the first book-length, comprehensive analysis of the legal regime that evolved following the terrorist attacks. The book begins with a discussion of how shutting down the pipelines of funding is as important as dismantling the terrorist cells themselves.Next, the book covers the various means and methods used by terrorist groups to raise money, and examines how money is transferred globally to finance their lethal activities. The principal components of the legal strategy to disrupt the financing of terrorism are then discussed and evaluated. Unfortunately, the author concludes that the legal regime has met with mixed results, and finds that the sense of urgency to deprive terrorists of funding that existed following 9/11 has since dissipated. As a result, international efforts to freeze terrorist assets have dramatically declined. Moreover, the US Department of Justice has suffered several embarrassing and disappointing legal defeats in prosecuting major terrorist financiers.The author therefore provides numerous recommendations to Congress, the Executive Branch, and the UN Security Council for strengthening the legal regime to deny terrorists the money needed to wage global jihad, acquire weapons of mass destruction, and launch another terrorist attack on the scale of 9/11. "Unfunding Terror" fills an important gap in the literature and will be essential reading for counter-terrorism experts, law enforcement and national security officials, policy makers, academics and all those interested in the global war on terror.

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  The Practice and Policy of Environmental Law, 2nd ed.

  John Copeland Nagle, James Salzman, and J. B. Ruhl

  More than any other environmental law survey casebook, this book conveys the substantive material in real-world practice contexts, with significant chapters on permitting and rulemaking, enforcement, compliance counseling, business transactions, and private litigation. Changes made for the second edition provide a more streamlined and coordinated presentation of the major environmental laws and programs.

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  The Power & Purpose of International Law: Insights from the Theory & Practice of Enforcement

  Mary Ellen O'Connell

  The world is poised for another important transition. The United States is dealing with the impact of the Afghan and Iraq wars, the use of torture and secret detention, Guantanamo, climate change, nuclear proliferation, weakened international institutions, and other issues related directly or indirectly to international law. The world needs an accurate account of the important role of international law and The Power and Purpose of International Law seeks to provide it.

  Mary Ellen O'Connell explains the purpose of international law and the power it has to achieve that purpose. International law supports order in the world and the attainment of humanity's fundamental goals of peace, prosperity, respect for human rights, and protection of the natural environment. These goals can best be realized through international law, which uniquely has the capacity to bind even a superpower of the world. By exploring the roots and history of international law, and by looking at specific events in the history of international law, this book demonstrates the why and the how of international law and its enforcement. It directly confronts the notion that international law is "powerless" and that working within the framework of international law is useless or counter-productive. As the world moves forward, it is critical that both leaders and their citizens understand the true power and purpose of international law and this book creates a valuable resource for them to aid their understanding. It uses a clear, compelling style to convey topical, informative and cutting-edge information to the reader.

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  Christians in the American Empire: Faith & Citizenship in the New World Order

  Vincent D. Rougeau

  What does it mean to be a Christian citizen of the United States today? This book challenges the argument that the United States is a Christian nation, and that the American founding and the American Constitution can be linked to a Christian understanding of the state and society. Vincent Rougeau argues that the United States has become an economic empire of consumer citizens, led by elites who seek to secure American political and economic dominance around the world. Freedom and democracy for the oppressed are the public themes put forward to justify this dominance, but the driving force behind American hegemony is the need to sustain economic growth and maintain social peace in the United States.
  
  This state of affairs raises important questions for Christians. In recent times, religious voices in American politics have taken on a moralistic stridency. Individual issues like abortion and same-sex marriage have been used to "guilt" many Christians into voting Republican or to discourage them from voting at all. Using Catholic social teaching as a point of departure, Rougeau argues that conservative American politics is driven by views of the individual and the state that are inconsistent with mainstream Catholic social thought. Without thinking more broadly about their religious traditions and how those traditions should inform their engagement with the modern world, it is unwise for Christians to think that pressing single issues is an appropriate way to actualize their faith commitments in the public realm.
  
  Rougeau offers concerned Christians new tools for a critical assessment of legal, political and social questions. He proceeds from the fundamental Christian premise of the God-given dignity of the human person, a dignity that can only be realized fully in community with others. This means that the Christian cannot simply focus on individual empowerment as 'freedom' but must also seek to nurture community participation and solidarity for all citizens. Rougeau demonstrates what happens when these ideas are applied to a variety of specific contemporary issues involving the family, economics, and race. He concludes by offering a new model of public engagement for Christians in the American Empire.

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  The Story of Hansberry: The Foundation for Modern Class Actions

  Jay Tidmarsh

  Book Chapter

  The Story of Hansberry: The Foundation for Modern Class Actions, in Civil Procedure Stories, 2d 217 (Kevin M Clermont ed., 2008).

  Hansberry is a story of racism; of neutral procedural principles developed to avoid both an untenable substantive outcome and a direct examination of the race issue; and ultimately of the rise of the most important, and most controversial, of all modern procedural devices—the class action.

  The 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).

  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).

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  Civil Procedure, 2nd ed.

  Jay Tidmarsh, Thomas D. Rowe, and Suzanna Sherry

  Professors choosing a civil procedure book have always faced difficult dilemmas. The "breadth vs. depth" trade-off is particularly acute in this field, and the matter is complicated by the fact that civil procedure might be allocated as few as 3 or as many as 6 credits. This book aims to ease that dilemma by structuring the material so that it can be taught quickly but at a high levels; the cases and notes are short but intellectually challenging. At less than 700 pages, most of the book can be covered in as few as 4 credit hours, but the materials are rich enough to expand discussion to 6 credit hours. For each individual topic, it is possible to use this book to cover the basics or to probe the issues in depth, depending on the time allocated. The book also introduces students to the themes that run through civil procedure: efficiency and fairness, the advantages and disadvantages of the adversarial system, real-life litigation strategies, and issues of federalism and separation of powers inherent in the American judicial system. Each chapter begins by exploring these themes through excerpts from scholarship in the field, and is followed by notes and questions. The cases have been chosen to capture the students' interest as well as to teach the topics.

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  Cyberlaw: Problems of Policy and Jurisprudence in the Information Age. 3rd ed.

  Patricia L. Bellia, David G. Post, and Paul Schiff Berman

  This innovative casebookwhich has proved extremely popular with students and professors alikestarts from the premise that cyberlaw is not simply a set of legal rules governing online interaction, but a lens through which broader jurisprudential issues can be re-examined. Accordingly, this book goes beyond plugging Internet-related cases into a series of pre-existing doctrinal categoriesFirst Amendment, copyright, trademark, etc.and instead emphasizes the conceptual debates that cut across the areas of doctrine touched by cyberspace. Moreover, the casebook uses the rise of the Internet to encourage readers to reconsider various assumptions in traditional legal doctrine. This dual focus provides readers with broad-based and sophisticated training in Internet-related legal issues while also making the argument that cyberlaw is a coherent and useful field of study. Thus, instead of compiling a list of topic areas, the book seeks to define a set of conceptual issues that extend across the spectrum of Internet legal dilemmas. While all of the traditional subject matter areas of cyberlaw are addressed, they are placed in a new framework one that asks both students and professors to consider what it is that cyberlaw has to teach us about law more generally. The new edition retains the qualities that have made the book so successful in law schools across the country. It is compact, serves a variety of course formats, builds new cases on top of a foundation of non internet legal doctrine, and fosters lively and provocative class discussions. The third edition will, of course, provide updated case and statutory coverage, but in addition, the casebook has undergone a major revision to provide even greater conceptual clarity and respond to user feedback Treatment of subjects has been adjusted throughout to reflect new thinking in the field, each chapter now includes greater framing to highlight the issues to be explored, materials have been reordered to make more intuitive conne

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  Economics of Family Law

  Margaret F. Brinig

  Economists have studied numerous fields of law for many years, but family law was virtually neglected until the early 1970s. It was only relatively recently that economic insights about the family crept into the consciousness of those involved in legal research. The articles within this book explore a range of family law issues and include discussions on a variety of topics including cohabitation, births outside marriage, courtship, premarital contracting, marriage and parenting. The volume includes papers on the division of responsibilities between family and state, the effects of no-fault divorce, alimony, property division and child custody. There are also works on intergenerational transfers and the elderly. The collection contains articles written by leading authorities in the field and provides a stimulating exploration of the subject of family law and economics. The book will be accessible to a wide audience, including students of law and economics, as well as both academic and practising lawyers.

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  Comparative Legal Traditions: Text, Materials, and Cases on Western Law, 3d ed.

  Paolo G. Carozza, Mary Ann Glendon, and Colin B. Picker

  This new edition includes some significant revisions since the last edition was published in 1994. The new edition includes: A greater emphasis on Public Law in the Continental and Common law traditions; More coverage of the impact of the regional European law (EC EU and ECHR) on the legal traditions; Some updated Problems (including one concerning Mixed Jurisdictions); and Numerous updates to the Common Law Tradition materials in light of the many significant reforms in England over the last ten years.

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  Social Security for Migrant Workers: The EU, ILO & Treaty Based Regimes

  Barbara Fick and Alma Clara Garcia Flechas

  Book Chapter

  Social Security for Migrant Workers: The EU, ILO & Treaty Based Regimes, in 9 International Law: Revista Colombiana de Derecho Internacional 45 (Diana Carolina Olarte Bacarés, ed., 2007)

  ISSN: 1692-8156

  Migrant workers face special problems in terms of qualifying for, and receiving payment under, national social security systems. In an effort to mitigate these problems, many states coordinate their social security systems. This paper explores how coordination schemes work in regional mechanisms such as the European Union, in international conventions adopted by the International Labour Organisation, and in multi-lateral treaties such as the Andean Social Security Instrument.

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  Recovering Self-Evident Truths

  Richard W. Garnett

  Book Chapter

  Richard W. Garnett, Criminal Law: "Everlasting Splendours" - Death-Row Volunteers, Lawyers’ Ethics, and Human Dignity, in Recovering Self-Evident Truths 254 (Michael A. Scaperlanda & Teresa Stanton Collett eds., 2007)

  This book presents an engaging collection of essays exploring "catholic" and "Catholic" perspectives on American law―catholic in their claims of universal truths, and Catholic in their grounding in the teachings of the Roman Catholic Church. What emerges is a model of human freedom and flourishing that has its foundation in the transcendent vocation of each and every human person.

  The 2000-year-old Catholic Church played a pivotal role in the formation of the western legal culture. Does it have anything of relevance left to offer that culture in the 21st century? The contributors to Recovering Self-Evident Truths answer with a resounding yes.

  The opening essays present the guiding premises of the volume as a whole: human persons must be respected by governments and law because their objective dignity arises from being made in the image and likeness of God. Reasoning from these premises, the next set of essays situates the person within community, exploring the implications for the American legal system of taking seriously Catholic understanding of subsidiarity, solidarity, the common good, and the relationship between freedom and truth. The next set of essays concludes the foundational material by engaging dominant secular political and legal theory from a Catholic perspective.

  With the foundation set, the essays in the second half of the book explore eight specific substantive areas of the law―Contract Law, Property Law, Tort Law, Criminal Law, Labor Law, Family Law, Immigration Law, and International Law―through a Catholic lens.

  Recovering Self-Evident Truths is particularly timely: a majority of the justices on the United States Supreme Court are Catholic; Catholics represent a pivotal voting demographic in the American political landscape; and the issue of religion and religious values in the public square is hotly debated as some warn against a creeping theocracy. This book demonstrates that religiously founded values can serve to provide constructive proposals for building a more just society.

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  Tradizioni in subbuglio = Traditions in Turmoil

  Mary Ann Glendon, Paolo G. Carozza, and Marta Cartabia

  Author: Mary Ann Glendon

  Editors: Paolo Carozza & Marta Cartabia

  From the Publisher

  Tradizioni in subbuglio è una raccolta di saggi di Mary Ann Glendon comparsi in epoche diverse su riviste giuridiche americane. I saggi che questa raccolta propone al lettore italiano toccano le principali tematiche di ricerca della studiosa americana: dalle riflessioni storiche e teoriche sulle condizioni per lo sviluppo della democrazia al ruolo dei giudici nei sistemi di civil law e di common law; dalle tematiche generali dei diritti umani alla libertà di religione e al diritto di famiglia. Questo libro si propone di far conoscere in Italia i principali contributi di una delle più grandi studiose americane di diritto costituzionale contemporanee, la cui voce spicca per l’originalità dei contenuti, la profondità del pensiero e lo charme della forma espositiva.

  Tradizioni in subbuglio (Traditions in Turmoil), offers Italian readers an important, glimpse into the opus of an extraordinary scholar. It is a collection of short essays originally published in English which, with clarity equal to the acumen of the views expressed, takes the reader through the history of the Universal Declaration of Human Rights, charting its history, particularly its legacy.

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  International Criminal Law: Cases and Materials

  Jimmy Gurule, Jordan J. Paust, M. Cherif Bassiouni, Michael P. Scharf, Leila Sadat, and Bruce Zagaris

  The third edition has been significantly updated, especially to reflect case trends in the International Criminal Tribunals for Former Yugoslavia and for Rwanda (encompassing, among other matters, individual responsibility, defenses, war crimes, genocide, and other crimes against humanity), as well as developments and issues with respect to creation of the new permanent International Criminal Court. Some chapters have been deleted and some materials have been cut back to include new materials for a more manageable book.

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  The Planning and Drafting of Wills

  Thomas L. Shaffer, Carol Ann Mooney, and Amy Jo Boettcher

  This text, prepared by recognized experts in the field, addresses questions and issues that arise during the drafting of wills and trusts, particularly by couples. In addition, the authors offer insightful commentary. Representative chapters include Planning Together, Rebuilding Together, Non-Estate Planning, and Planning for Disability.

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  Civil Procedures: Essentials

  Jay Tidmarsh and Suzanna Sherry

  Civil Procedure: The Essentials takes view of the first-year Civil Procedure course. Renowned scholar-teachers Sherry and Tidmarsh distill and explain the essential elements of civil procedure in this concise, user-friendly paperback. This text will be an asset to your classroom with its dependable features. It helps students understand the superstructure of Civil Procedure: underlying principles, themes, and connected ideas.

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  Holocaust Restitution: Perspectives on the Litigation and Its Legacy

  Roger P. Alford and Michael J. Bazyler

  Holocaust Restitution is the first volume to present the Holocaust restitution movement directly from the viewpoints of the various parties involved in the campaigns and settlements. Now that the Holocaust restitution claims are closed, this work enjoys the benefits of hindsight to provide a definitive assessment of the movement.

  From lawyers and State Department officials to survivors and heads of key institutes involved in the negotiations, the volume brings together the central players in the Holocaust restitution movement, both pro and con. The volume examines the claims against European banks and against Germany and Austria relating to forced labor, insurance claims, and looted art claims. It considers their significance, their legacy, and the moral issues involved in seeking and receiving restitution.

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  Materials on Accounting for Lawyers, 4th ed.

  Matthew J. Barrett and David R. Herwitz

  Uses a "learn by doing" approach. Its Teacher’s Manual augments the casebook with alternative problems for each chapter, additional materials and references to accounting promulgations. Its four suggested syllabi make it a tool for adapting the casebook to two- and three-credit hour basic courses or a two-credit hour advanced course.

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  A Student's Guide to the Study of Law

  Gerard V. Bradley

  In A Student’s Guide to the Study of Law, Gerard V. Bradley, professor of law at the University of Notre Dame Law School and an expert in the areas of constitutional law and law and religion, introduces readers to the major concepts, cases, and thinkers that have shaped American legal scholarship and history. He also helps readers better understand what, at bottom, is at stake in the different understandings of the nature of law that drive many of our national debates.

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  An Invitation to Family Law: Principles, Process, and Perspectives, 3rd ed.

  Margaret F. Brinig and Carl E. Schneider

  Invitation to Family Law contains such materials as briefs, literary treatments of marriage, divorce, and parenting, and simulated case files from families involved in the social service system. This work reflects the contrasting backgrounds and interests of the authors including constitutional theory, moral philosophy, and the literary tradition of law, community and family. It also presents law and economics, feminist theory and application of legal theory to many practical family law problems. You’ll see the authors’ common fascination with history, concern with fairness (and fair treatment of the issues), and genuine love of the subject that motivated this work

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  Jurisprudence: Cases and Materials

  Thomas F. Broden and Robert E. Rodes

  The second edition of Jurisprudence Cases and Materials includes several new features. First, it begins with two chapters on the ancient Near Eastern, biblical, and classical origins of law and jurisprudence. Second, it offers chapters that trace the systematic development of the Anglo-American analytic canon and modern critical responses. Continental thought is incorporated along with the realist and pragmatic traditions that remain among the major American contributions to jurisprudential thought. Third, the second edition retains and further develops analysis of jurisprudence in the courts. The result, we think, is a book that attains unusual breadth and richness of treatment of the web of law and philosophy.

  The second edition, like the first, uses cases to make jurisprudence more meaningful to students and to explore the "relevance" of jurisprudence, exploring how jurisprudential assumptions implicitly or subconsciously dominate the thinking of jurists and therefore play a role in driving the law. Jurisprudence is at the very heart of law and the book tries to make that clear.

  Having in mind the different ways that people like to teach jurisprudence, the authors sought to design a flexible book. Students can be taken sequentially through the ancient Near Eastern, biblical, and Classical origins of law and jurisprudence, the Anglo-American canon, modern critical responses, and how it is all reflected in the courts. The book can be taught sequentially or topically. Materials are provided which can be combined in a rich variety of ways to suit the professor's preference. The authors provide suggestions from their experience of different ways to structure the course from the materials.

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  American Bar Association Guide to Workplace Law, 2nd ed.

  Barbara Fick

  Regardless of your occupation or title, or whether you an employee or small business owner, it’s essential to know your rights. From the nation's leading legal authority, this completely revised and updated edition of The American Bar Association Guide to Workplace Law provides helpful insight and information for employers and employees alike.

  • Topics include hiring, firing, retirement, sexual harassment, maternity leave, workplace safety, and more—all explained in clear, non-technical language • Thoroughly researched and updated by members of the American Bar Association, the nation’s most authoritative legal organization • Features sidebars containing tips, advice, and key information