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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, 3rd 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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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
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The Rehnquist Legacy
Richard W. Garnett
Book Chapter
Richard W. Garnett, Less is More: Justice Rehnquist, the Freedom of Speech, and Democracy, in The Rehnquist Legacy 26 (Craig M. Bradley ed., 2006)
The First Amendment's Free Speech Clause - "Congress shall make no law . . . abridging the freedom of speech" - occupies much of the field when it comes to our public debates on matters of law, policy, and morality. Today, in the courts of both law and public opinion, arguments about a huge range of human activities - from cutting-edge scientific research and legal-aid work to video games and unauthorized dancing - are constructed using First Amendment premises, precedents, and jargon. Chief Justice Rehnquist, however, has for the most part resisted, or at least regretted, this free-speech takeover during his tenure on the Supreme Court.
This chapter examines several of Rehnquist's opinions in free-speech cases involving the not-so-clear line between government speech and spending, on the one hand, and government-facilitated private speech on the other. This examination suggests, it is argued, that that Rehnquist's work does not reflect skepticism or hostility toward the core values protected by the Free Speech Clause, as some have charged, but instead reveals a careful appreciation for the fact that the translation and reduction of so many policy questions to free-speech problems comes at a cost. After all, as the civic, social, and political territory controlled by the Free Speech Clause grows, the amount shrinks that is governed democratically and experimentally by the people and their representatives or that is left under the direction of private persons, groups, and institutions. One implication of the free-speech takeover, Rehnquist seems to be warning us, is that difficult policy and other decisions depend increasingly on judges' evaluation of the abstract weight or worthiness of the government's interests, rather than on deliberation, compromise, and trial-and-error by and among citizens and politically accountable public officials.
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Cases, Text and Problems on Federal Income Taxation, 5th ed.
Alan Gunn and Larry Ward
As with the previous ed.s, the authors have tried to prepare materials that will help students cope with a confusing mass of legislation by seeing the minutiae of the Code as reflections of basic concepts and recurring problems of income taxation. The authors continue to treat the income and deduction aspects of particular kinds of payments–especially interest–together, a technique they see as essential if students are to understand what is at stake in particular controversies
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Interpreting Constitutions: A Comparative Study
Donald P. Kommers
Book Chapter
Donald P. Kommers, Germany: Balancing Rights and Duties, in Interpreting Constitutions: A Comparative Study 161 (Jeffrey Goldsworthy ed., 2006)
Each chapter describes not only the interpretive methodology currently used by the courts, but the evolution of that methodology since the constitution was first enacted. Included are problems of interpretation and cultural and institutional determinants.
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The Law of Biodiversity and Ecosystem Management, 2nd ed.
John Copeland Nagle, J. B. Ruhl, and Kalayani Robbons
This law school casebook defines biodiversity, outlines factors in choosing among different policy approaches for it's protection, and finding appropriate levels of administration for implementing those policies. Also features original notes and questions to stimulate class
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On Law and Chastity
Robert E. Rodes Jr.
In this wide-ranging and extensively documented study, Rodes shows how the law's recognition of traditional sexual standards has been gradually eroded, with the result that many of those standards have been marginalized or turned into personal idiosyncrasies. He gives full attention to positive developments such as increased protection against rape and sexual harassment, but invites speculation as to whether changes in other parts of the law have made that protection more necessary than it used to be. Rodes suggests that the trivialization of sex is a trivialization of life, and that we should use our laws to resist that trivialization as far as we can do so without making them unduly oppressive. Even those who disagree with his provocative conclusions will appreciate his extensive coverage of the relevant cases and other legal materials.
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The Attorney's Guide to the Seventh Circuit Court of Appeals, 3rd ed.
Stephen E. Arthur and Kenneth F. Ripple
Co-editors: Honorable Kenneth F. Ripple and Laura A. Kaster
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Foundations of Bankruptcy Law
G. Marcus Cole
Book Chapter
G. Marcus Cole, The Federalist Cost of Bankruptcy Exemption Reform, in Foundations of Bankruptcy Law 100 (Barry E. Adler ed., 2005).
Bankruptcy is relevant not merely as a last resort but influences individual and corporate decisions from the time of or before obligations are first incurred. In this sense, bankruptcy is as basic to private ordering as the more familiar inhabitants of the private-law pantheon including contract, corporate, property, and tort law. This book of brief, mostly non-technical, excerpts from leading bankruptcy scholarship builds the concepts of bankruptcy law from first principles and thus allows the reader to understand bankruptcy’s fundamental nature.
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Congress and Boxing: A Legislative History, 1960-2003
Edmund P. Edmonds and William H. Manz.
Since the 1960 Kefauver hearing on the influence of organized crime over the sport, there have been numerous hearings and bills introduce in Congress to regulate boxing. Finally, in 1996, Congress passed the Professional Boxing Safety Act designed to assist state boxing commissions, ensure greater safety for the boxers, and provide proper oversight for the professional boxing industry in the U.S. In 1998, the Muhammed Ali Boxing Reform Act was passed, which was intended to protect boxers from coercive contracts. This volume in the set, Hein's Sports Law Legislative History Series, v. 2, features an article written by Ed Edmonds detailing the history of the congressional hearings and the Acts. Also included in this set are all hearings, debates, and reports for both enactments, as well as a bibliography, legislative chronology, and a name index of witnesses. Source: Publisher
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