Scholarly Commons @ UNLV Law

Follow

• 

  Marginal Workers: How Legal Fault Lines Divide Workers and Leave Them Without Protection

  Ruben J. Garcia

  Undocumented and authorized immigrant laborers, female workers, workers of color, guest workers, and unionized workers together compose an enormous and diverse part of the labor force in America. Labor and employment laws are supposed to protect employees from various workplace threats, such as poor wages, bad working conditions, and unfair dismissal. Yet as members of individual groups with minority status, the rights of many of these individuals are often dictated by other types of law, such as constitutional and immigration laws. Worse still, the groups who fall into these cracks in the legal system often do not have the political power necessary to change the laws for better protection.

  In Marginal Workers, Ruben J. Garcia demonstrates that when it comes to these marginal workers, the sum of the law is less than its parts, and, despite what appears to be a plethora of applicable statutes, marginal workers are frequently lacking in protection. To ameliorate the status of marginal workers, he argues for a new paradigm in worker protection, one based on human freedom and rights, and points to a number of examples in which marginal workers have organized for greater justice on the job in spite of the weakness of the law.

• 

  Global Patents: Limits of Transnational Enforcement

  Marketa Trimble

  In today’s globalized economy, many inventors, investors and businesses want their inventions to be protected in many, if not most, countries. However, there currently exists no single patent that will protect an invention globally, and despite the attempts in international treaties to simplify patenting, the process remains complicated, lengthy, and expensive. Furthermore, the necessity of enforcing patents in multiple countries exists without any possibility of concentrating in one location any parallel proceedings that concern the same invention and the same parties, thus making the maintenance of parallel patents infeasible.

  Global Patents: Limits of Transnational Enforcement explains why the absence of a “global patent” persists, and discusses the events in the 140-year history of patent law internationalization that have shaped the solutions. The author analyzes the ways in which patent holders attempt to mitigate the problems that arise from the lack of global patent protection. One way is to concentrate enforcement in one court of patents granted in multiple countries, which makes the enforcement of the patents less costly and more consistent. Another way is to attempt to use the litigation of a single country patent to reach acts that occur outside the country, which can mitigate the lack of patent protection outside the country. However, both the concentration of proceedings and extraterritorial enforcement suffer from significant limitations. Global Patents explains these limitations and presents the solutions that have been proposed to address them. The book includes a thorough comparative analysis of the extraterritorial features of U.S. and German patent laws, and original statistics on U.S. patent litigation. Based on a comprehensive treatment of the various facets of transnational enforcement challenges, the author proposes the next stage of patent law internationalization.

• 

  Legal Writing and Analysis

  Linda H. Edwards

  This concise text offers a straightforward guide to developing legal writing and analysis skills for beginning legal writers. Legal Writing and Analysis, Third Edition, leads students logically through reading and analyzing the law, writing the discussion of a legal question, writing an office memo and professional letters. The author then focuses on writing for advocacy and concludes with style and formalities and a chapter devoted to oral argument.

• 

  Copyright Law in a Nutshell

  Mary LaFrance

  This book offers a compact, yet comprehensive and up-to-date, overview of U.S. copyright law in an uncluttered and readable format.

• 

  Gadamer and Ricoeur: Critical Horizons for Contemporary Hermeneutics

  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.

• 

  Examples and Explanations: Legal Writing

  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.

• 

  Modern Law of Contracts

  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.

• 

  Legal Writing: Process, Analysis, and Organization

  Linda H. Edwards

  This highly accessible text uses a process-based approach that integrates legal analysis with writing to provide a basic introduction to the skills needed for effective legal writing. Professor Linda Edwards, a highly respected member of the legal writing community, identifies four main stages of a writing task and helps students learn how to use each stage as a tool to better writing.

• 

  Disability Law: Cases, Materials, Problems (5th Edition)

  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.

• 

  Law, Hermeneutics and Rhetoric

  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.

• 

  Law School Survival Manual: From LSAT to Bar Exam

  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.

• 

  Employment Law

  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.

• 

  Fundamentals of Litigation Practice

  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.

• 

  Motion Practice

  Jeffrey W. Stempel, David F. Herr, and Roger S. Haydock

  This comprehensive guide analyzes every applicable rule of civil procedure, and gives practice-proven techniques for evaluating what motions will work most effectively in each case. From early pretrial motions dealing with complaints and jurisdiction to appellate motion practice for both victor and vanquished.

• 

  Dispute Resolution: Beyond the Adversarial Model

  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.

• 

  Complementary and Alternative Medicine and the Law

  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.

• 

  Natural Resources Law: A Place-Based Book of Problems and Cases, Second Edition

  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.

• 

  Estates in Land and Future Interests: A Step-By-Step Guide

  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.

• 

  Complex Litigation: Cases and Materials on Litigating Social Change

  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.

• 

  Lawyers and Clients: Critical Issues in Interviewing and Counseling

  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.

• 

  Global Issues in Copyright Law

  Mary LaFrance

  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

  Mary LaFrance

  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.

• 

  On Philosophy in American Law

  Francis J. Mootz III

  In recent years there has been tremendous growth of interest in the connections between law and philosophy, but the diversity of approaches that claim to be working at the intersection of philosophy and law might suggest that this area of inquiry is so fractured as to be incoherent. This volume gathers 38 leading scholars working in law and philosophy to provide focused and straightforward articulations of the role that philosophy might play at this juncture of American legal history. The volume marks the 75th anniversary of Karl Llewellyn's essay 'On Philosophy in American Law,' in which he rehearsed the broad development of American jurisprudence, diagnosed its contemporary failings, and then charted a productive path opened by the variegated scholarship that claimed to initiate a realistic approach to law and legal theory. The essays are written in the spirit of Llewellyn's article: they are succinct and direct arguments about the potential for bringing law and philosophy together.

• 

  Volume 1, "Key Insurance Law and Practice Topics," 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.