Transformations in American Legal History, II Law, Ideology, and Methods -- Essays in Honor of Morton J. Horwitz
Daniel W. Hamilton
Over the course of his career at Harvard, Morton Horwitz changed the questions legal historians ask. The Transformation of American Law, 1780–1860 (1977) disclosed the many ways that judge-made law favored commercial and property interests and remade law to promote economic growth. The Transformation of American Law, 1870–1960 (1992) continued that project, with a focus on ideas that reshaped law as we struggled for objective and neutral legal responses to our country’s crises. In more recent years he has written extensively on the legal realists and the Warren Court. Following an earlier festschrift volume by his former students, this volume includes essays by Horwitz’ colleagues at Harvard and those from across the academy, as well as his students. These essays assess specific themes in Horwitz’ work, from the antebellum era to the Warren Court, from jurisprudence to the influence of economics on judicial doctrine. The essays are, like Horwitz, provocative and original as they continue his transformation of American legal history.
This book offers a compact, yet comprehensive and up-to-date, overview of U.S. copyright law in an uncluttered and readable format.
Understanding Intellectual Property Law, 2nd Edition covers all of the intellectual property areas and issues likely to be addressed in an intellectual property survey course. After a comprehensive Introduction in Chapter 1, the general areas covered in the remaining chapters include:
• Trade Secrets
• Trademarks, and
• Other Intellectual Property Rights such as:
• Design Protection
• Plant Protection
• Semiconductor Chip Protection
• False Advertising
• Rights of Publicity
• Idea Submission
This new edition also includes:
• Coverage of major Supreme Court cases in intellectual property from the past decade
• Changes made in response to the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS)
• Synthesis and reorganization of materials on patentable subject matter
• Developments in trade secret law, including adoption of the Uniform Trade Secrets Act (UTSA)
• Synthesis and reorganization of materials on copyrightable subject matter
• New material on secondary liability, including Grokster, Global-Tech, and the safe harbors and notice-and-takedown provisions for online service providers
• Coverage of the Digital Millennium Copyright Act, including anti-circumvention and copyright management information
• New materials on Internet technology, including streaming, search engines, keyword advertising, domain names, and cybersquatting
• Completely revised coverage of trademarks, including the Federal Trademark Dilution Act and the Trademark Dilution Revision Act
Francis J. Mootz III and George H. Taylor
Hans-Georg Gadamer and Paul Ricoeur were two of the most important hermeneutical philosophers of the twentieth century. Gadamer single-handedly revived hermeneutics as a philosophical field with his many essays and his masterpiece, Truth and Method. Ricoeur famously mediated the Gadamer-Habermas debate and advanced his own hermeneutical philosophy through a number of books addressing social theory, religion, psychoanalysis and political philosophy.
This book brings Gadamer and Ricoeur into a hermeneutical conversation with each other through some of their most important commentators. Twelve leading scholars deliver contemporary assessments of the history and promise of hermeneutical philosophy, providing focused discussion on the work of these two key hermeneutical thinkers. The book shows how the horizons of their thought at once support and question each other and how, in many ways, the work of these two pioneering philosophers defines the issues and agendas for the new century.
Terrill Pollman, Judith Stinson, Richard Neumann, and Elizabeth Pollman
Legal Writing uses a methodology based on the E&E pedagogy to teach students how to analyze and assess the effectiveness of their writing. Students decide whether the writing excerpts in the examples meet certain criteria for effectiveness. The authors then explain why the example succeeds or fails to meet those criteria. Legal Writing: Examples & Explanations is designed to accompany any legal writing text.
Keith A. Rowley and Howard O. Hunter
Written for practicing attorneys, this resource covers all aspects of contract law. Encompasses a broad range of contract situations. Emphasizes recurring practical problems and the major differences between contracts governed by the Uniform Commercial Code (UCC) and those covered by common law. Conveniently organized by the stages of typical contract transactions. Provides in-depth discussion of contract formation, determination of content, completing vague or incomplete agreements, material breaches and the doctrine of substantial performance, excuses for non-performance, warranties, equitable and legal remedies, assessment of damages, right of third-party beneficiaries, assignments, employment relationships, and the convention on the international sale of goods.
Elaine W. Shoben
Weaver, Shoben and Kelly's Principles of Remedies Law discusses its subject in a student-friendly style. It is designed to facilitate learning and comprehension. In addition the book is up to date and contains the latest decisions from the United States Supreme Court and the lower federal and state courts.
David S. Tanenhaus
When fifteen-year-old Gerald Gault of Globe, Arizona, allegedly made an obscene phone call to a neighbor, he was arrested by the local police, who failed to inform his parents. After a hearing in which the neighbor didn’t even testify, Gault was promptly sentenced to six years in a juvenile “boot camp”—for an offense that would have cost an adult only two months.
Even in a nation fed up with juvenile delinquency, that sentence seemed over the top and inspired a spirited defense on Gault’s behalf. Led by Norman Dorsen, the ACLU ultimately took Gault’s case to the Supreme Court and in 1967 won a landmark decision authored by Justice Abe Fortas. Widely celebrated as the most important children’s rights case of the twentieth century, In re Gault affirmed that children have some of the same rights as adults and formally incorporated the Fourteenth Amendment’s due process protections into the administration of the nation’s juvenile courts.
Placing this case within the context of its changing times, David Tanenhaus shows how the ACLU litigated Gault by questioning the Progressive Era assumption that juvenile courts should not follow criminal procedure. He then takes readers to the Supreme Court to fully explore the oral arguments and examine how the Court came to decide Gault, focusing on Justice Fortas’s majority opinion, concurring opinions, Justice Potter Stewart’s lone dissent, and initial responses to the decision.
The book explores the contested legacy of Gault, charting changes and continuity in juvenile justice within the contexts of the ascendancy of conservative constitutionalism and Americans’ embrace of mass incarceration as a penal strategy. An epilogue about Redding v. Safford—a 2009 decision involving a thirteen-year-old schoolgirl, also from Arizona, who was forced to undress because she was suspected of hiding drugs in her underwear—reminds us why Gault is of lasting consequence.
Gault is a story of revolutionary constitutionalism that also reveals the tenacity of localism in American legal history. Tanenhaus’s meticulous explication raises troubling questions about how local communities treat their children as it confirms the importance of the Supreme Court’s decisions about the constitutional rights of minors.
International Legal Materials On Intellectual Property, 2011 International Legal Materials Supplement
This is the most up-to-date, complete, yet manageably-sized, volume of international and comparative documents and materials for a course in International Intellectual Property Law. This 2011 International Legal Materials supplement includes documents relevant to major international intellectual property law topics.
Leslie C. Griffin
Designed to be used either as a primary text or with any Law and Religion or First Amendment text, Law and Religion: Cases in Context presents descriptions and discussions of the landmark cases in law and religion and the First Amendment. Cases are selected from the leading religion and First Amendment casebooks, and the authors provide insights into the significance of each while revealing its context and, for many, details about what happened after the case was concluded.
This unique text will intrigue students and engage their interest with —
- accessible prose and interesting illustrations
- cases that involve issues that continue to confound the courts: creation science and evolution; public religious symbols like the cross and the crèche; private religious clothing like the yarmulke and the khimar; tax policy and religion
- engaging characters, such as: Guy Ballard, who told customers that he was chosen by Saint Germain as a divine messenger and possessed supernatural healing powers that they could purchase. Officer and Doctor Simcha Goldman, who wore a yarmulke to the psychology clinic until an irritated military attorney complained to Goldman’s superiors that the yarmulke was not permitted under Air Force regulations. Kimberlie Webb, a Philadelphia police officer who lost her efforts to wear a headscarf while in uniform and on duty. Ronald Rosenberger, who successfully challenged the University of Virginia’s denial of funding to his evangelical publication, Wide Awake.
- insights from leading law and religion scholars of diverse professional, religious, geographical, and institutional backgrounds
Ann C. McGinley and Laura Rothstein
Disability Law: Cases, Materials, Problems takes a broad approach to understanding how disability discrimination laws apply to the kinds of cases attorneys, policymakers, and judges are likely to face. The new Fifth Edition adds analysis and discussion of the ADA Amendments Act throughout the book. It reorganizes and adds new cases and materials in the employment law chapter, including cases on harassment and retaliation based on disability. It also pays more attention to procedural issues (burden of proof), remedies and defenses, litigation and dispute resolution, and insurance. It adds a problem-based approach with chapters and sections of chapters beginning with a hypothetical scenario to be used as a basis for applying the substantive law. It also adds expanded Notes at the end of each section.
Francis J. Mootz III
Mootz offers an antidote to the fragmentation of contemporary legal theory with a collection of essays arguing that legal practice is a hermeneutical and rhetorical event that can best be understood and theorized in those terms. This is not a modern insight that wipes away centuries of dogmatic confusion; rather, Mootz draws on insights as old as the Western tradition itself. However, the essays are not antiquarian or merely descriptive, because hermeneutical and rhetorical philosophy have undergone important changes over the millennia. To "return" to hermeneutics and rhetoric as touchstones for law is to embrace dynamic traditions that provide the resources for theorists who seek to foster persuasion and understanding as an antidote to the emerging global order and the trend toward bureaucratization in accordance with expert administration, violent suppression, or both.
Volume 3, "Liability Principles and CGL Insurance," Appleman on Insurance, Law Library Edition (LexisNexis, 2010)
Francis J. Mootz III
The New Appleman on Insurance Law Library Edition, Appleman on Insurance 2d and John Appleman, Insurance Law and Practice comprise an unparalleled, comprehensive analysis of insurance law across the nation. They authoritatively cover the gamut of insurance law with an incomparable number of cited cases covering all jurisdictions. The 2010 Edition of the New Appleman Insurance Law Practice Guide is the indispensable research tool that provides step-by-step guidance on each phase of an insurance coverage dispute along with strategies that help you win. Written from policyholder, insurer and judicial perspectives, this unique four-volume set combines savvy procedural guidance and authoritative analysis of the law. New Appleman on Insurance: Current Critical Issues in Insurance Law is a "hot topics" quarterly publication that addresses the most urgent challenges facing insurance law practitioners. The articles are written by practitioners and scholars of the highest caliber. The articles analyze either new and current issues or recurring, but still unsettled issues in insurance law practice. Several of the articles are accompanied by appendices that provide multi-jurisdictional surveys of the positions of state high courts on the subjects of the articles.
Nancy B. Rapoport and Jeffrey D. Van Niel
In the Law School Survival Manual, Nancy Rapoport and Jeff Van Niel serve as the friendly voice of experience whose wit and wisdom will guide you through law school from the application process to orientation, and from your first year to graduation - including summer jobs, clerkships, and the bar exam. This concise handbook focuses on all aspects of law school that are mystifying or tricky or both. With reassuring humor and unique perspectives, Nancy Rapoport and Jeff Van Niel show you how to cope with stress, manage your time, study efficiently, nurture new friendships, write a paper, prepare for exams, and make sound decisions - in law school and beyond.
Elaine W. Shoben, Mark A. Rothstein, Charles B. Craver, and Elinor P. Schroeder
A multivolume treatise on employment law that integrates materials on constitutional law, statutory employment law, administrative law, contracts, torts, antitrust law, intellectual property law, tax law, and bankruptcy law. Integration is achieved by following the employment relation from its formation, through terms and conditions of employment, to termination. The text presents information within a framework of history, context, perspective, and analysis in as concise a manner as possible. In addition, the treatise points to other primary and secondary resources for greater research efficiency.
Jeffrey W. Stempel, David F. Herr, and Roger S. Haydock
This book provides a place to start for a new lawyer or for a more experienced lawyer who hasn't addressed the issue recently. The balance of each chapter provides more detailed and comprehensive coverage of procedure, tactics, and techniques. Coverage includes, investigation and litigation strategy, as well as every aspect of litigation: investigation, pleading, discovery, motion practice, trial, and appeal; settlement is also discussed throughout. Provides cost-effective problem solving. This book devotes more attention to the litigation processes that take place before trial.
Editions of this book have been published in 2010, 2011, 2012, 2013, 2014, and 2015.
Jean R. Sternlight, Carrie J. Menkel-Meadow, Lela Porter Love, and Andrea Kupfer Schneider
This comprehensive look at the current state of ADR incorporates four key aspects for each of Negotiation, Mediation, Arbitration, and Hybrid processes: the theoretical framework defining the process, the skills needed to practice it, the ethical issues implicated in its use, and the legal and policy analyses.
Stacey A. Tovino and Lucinda E. Jesson
This textbook introduces students to the myriad of laws that govern the practice of complementary and alternative medicine (CAM) and, by doing so, provides a general health law survey as well. After broadly describing CAM and the ongoing tension between CAM and conventional medicine, the book covers traditional health law basics through the lens of CAM regulation and practice. Medical licensure and scope of practice, malpractice, informed consent, Food and Drug Administration regulation of dietary supplements, and antitrust are each addressed. The authors close by examining new innovations in CAM regulation.
News articles, government reports, excerpts from literature, and real life problems (as well as critical cases and statutes) are used throughout the text to examine the intersection between CAM and the law. Through use of this approach, the text is accessible not only to law students but to graduate students in public health and other professionals who seek to learn more about this burgeoning field.
Bret C. Birdsong, Federico Cheever, and Christine A. Klein
By using specific examples from locations across the country, authors Klein, Cheever, and Birdsong evoke the intensity of debate that arises out of disputes over natural resources. Creating context through a place-based approach, the authors illuminate policy and breathe life into statutory interpretation. Students from every part of the country will find something to relate to their own experience in the panoply of issues located in this casebook.
Linda H. Edwards
This concise text offers a proven-effective method for teaching the complex terminology and relationships of estates and future interests. Through helpful pedagogy, clear presentation, and a building-block approach, Edwards simplifies—without oversimplifying—the process of analyzing the classifications and relational transactions of estates in land and future interests.
Daniel W. Hamilton
During his career at Harvard, Morton Horwitz changed the questions legal historians ask. The Transformation of American Law, 1780–1860 (1977) disclosed the many ways that judge-made law favored commercial and property interests and remade law to promote economic growth. The Transformation of American Law, 1870–1960 (1992) continued that project, with a focus on ideas that reshaped law as we struggled for objective and neutral legal responses to our country’s crises. In this book, Horwitz’s students re-examine legal history from America’s colonial era to the late twentieth century. They ask classic Horwitzian questions, of how legal doctrine, thought, and practice are shaped by the interests of the powerful, as well as by the ideas of lawyers, politicians, and others. The essays address current questions in legal history, from colonial legal practice to questions of empire, civil rights, and constitutionalism in a democracy. The essays are, like Horwitz, provocative and original as they continue his transformation of American legal history.
Kevin R. Johnson, Catherine A. Rogers, and John Valery White
This complex litigation casebook focuses on complex cases brought by lawyers seeking to promote social reform. A significant portion of the book is devoted to so-called impact class actions, which are designed to have an “impact” and bring forth social change. At the same time, this casebook also covers the more traditional topics found in other complex litigation casebooks, particularly the mass tort class action.
Cases seeking to promote social change often have taken complex forms. Brown v. Board of Education, 347 U.S. 483 (1954) as well as its precursors, for example, relied on the class action device in an attempt to desegregate the public schools and, more generally, to dismantle Jim Crow in the United States. Advocates for years have brought civil rights, employment discrimination, prison reform, securities fraud, public benefits, housing, environmental, immigration, and other class actions in efforts to reform public institutions and bring forth changes in policies and practices. Class action litigation seeks to transform the tobacco industry, as well as address the epidemic of tobacco-related disease in the United States.
Katherine R. Kruse, Stephen Ellmann, Robert D. Dinerstein, Isabelle R. Gunning, and Ann C. Shalleck
This book examines practical and theoretical challenges lawyers face with clients. Each chapter explores a critical issue in interviewing and counseling, such as developing connection across difference, dealing with atypical clients, and using engaged client-centered counseling. The book investigates these issues primarily through detailed analysis of lawyer-client conversations, which invite the reader to consider and critique the lawyer's choices. A key theme is "engaged client-centered lawyering," which emphasizes the importance of client choice and the impact of lawyers on clients, and affirms lawyers' ability to achieve wise engagement with clients.
This book enables professors to incorporate international and comparative law perspectives into the basic copyright course by serving as a companion text to accompany any of the basic copyright law casebooks. The materials are drawn from a variety of common law and civil law systems. Among the topics covered are copyrightable subject matter, authorship and ownership determinations, moral rights, rental and lending rights, fair use/fair dealing, contributory liability, and first sale/exhaustion of rights. All readings are accompanied by supplementary notes and questions designed to facilitate comparisons and stimulate policy discussions.
Understanding Trademark Law is a comprehensive and up-to-date guide to the law of trademarks and unfair competition. It provides a thorough introduction to the federal laws protecting registered trademarks and trade dress, as well as the broad array of federal and state unfair competition doctrines which protect unregistered trademarks and trade dress. Coverage includes the standards and procedures for obtaining federal registration, the rights and remedies available to owners of both registered and common law marks under federal and state law, and the full array of applicable defenses. The text examines both the substantive and procedural rules governing traditional claims for infringement of trademarks and trade dress, as well as claims of dilution, false advertising, and cybersquatting.
This is a detailed and sophisticated, yet concise, treatment of the rapidly expanding area of trademark and unfair competition law. All assertions in the text are supported by precise citations to the relevant authorities. In addition to providing a thorough explanation of the fundamentals of each topic, the text identifies those areas in which the law remains unsettled due to conflicting or sparse authorities, makes note of circuit splits and emerging trends in the law, and points the reader toward additional authorities that will enhance his or her understanding of each topic. This text is suitable as an introduction to the field, as a practitioner’s desk book, or as a study aid to accompany any of the standard casebooks on the subject.
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