Leslie C. Griffin
The third edition continues the book's interdisciplinary approach to law and religion, including background materials about the religions involved in the cases and readings about comparative religion. The new edition features important recent Supreme Court religion cases (Hosanna Tabor, Salazar v. Buono, and Christian Legal Society). Updated treatment of the Religious Land Use and Institutionalized Persons Act (RLUIPA) is included in Chapter 4. Chapter 9 includes a new section on the defamation of religion, asking whether prohibitions on defamation of religion violate human rights. The new edition also examines two recent developments in American religion: first, the continued growth in numbers of the "Nones" (the religiously unaffiliated), and second, new concerns that anti-Muslim discrimination is increasing and that Muslims are not enjoying the full protection of the First Amendment.
Thomas O. Main
An ideal accompaniment to any civil procedure casebook, including the authors’ own Civil Procedure: Doctrine, Practice, and Context, Fourth Edition, the 2013-2014 statutory supplement presents the current Federal Rules of Civil Procedure (FRCP). Useful cross-references to Advisory Committee Notes, Restatement sections, and Transnational Rules have been integrated into the FRCP to help students explore the larger context of each Rule. This supplement includes recent Supreme Court decisions as well as pending amendments.
Complete features include:
- The current Federal Rules of Civil Procedure
- The U.S. Constitution and U.S. Code provisions current through May 1, 2013
- Excerpts from the Restatement (Second) of Judgments
- Excerpts from the American Law Institute/UNIDROIT Rules of Transnational
- Examples of state long-arm and venue statutes
Internet gaming sparks controversy from corporate board rooms to legislative hallways. Unlike traditional casinos, the Internet permits people to engage in gaming activities from virtually anywhere over computers and mobile devices. Governments and policy makers looking at this activity struggle with such questions as whether regulation can assure that Internet gaming can be restricted to adults, the games offered are fair and honest, and players will be paid if they win. This book is a timely collection of eleven chapters discussing key considerations and model approaches to internet gaming regulation and outlining the important questions and emerging answers to regulating gaming activity outside of land-based casinos.
Some of the regulatory insights are taken from lessons learned in the land-based casino industry and others from the relatively newer experiences of international internet gaming providers. Contributors are among the world’s leading experts on Internet gaming. They focus on structural concerns including record-keeping, managing different taxing regimes, maintaining effective controls, protecting customer funds, and preventing money laundering, as well as on policy concerns ensuring responsible play, the detection of fraud, reliable age verification, and the enforcement of gaming laws and norms across jurisdictions. Internet gaming is an emerging field, especially in the U.S., and the contributors to this book provide regulatory examples and lessons that will be helpful to lawyers, policy makers, gaming operators and others interested in this burgeoning industry.
Keith A. Rowley
This book focuses on the law of commercial contracts as constructed by the U.S. and UK legal systems. Leading scholars from both sides of the Atlantic provide works of original scholarship focusing on current debates and trends from the two dominant common law systems. The chapters approach the subject areas from a variety of perspectives – doctrinal analysis, law and economic analysis, and social-legal studies, as well as other theoretical perspectives. The book covers the major themes that underlie the key debates relating to commercial contract law: role of consent; normative theories of contract law; contract design and good faith; implied terms and interpretation; policing contract behavior; misrepresentation, breach, and remedies; and the regional and international harmonization of contract law. Contributors provide insights on the many commonalities, but more interestingly, on the key divergences of the United States and United Kingdom's approaches to numerous areas of contract law. Such a comparative analysis provides a basis for future developments and improvements of commercial contract law in both countries, as well as other countries that are members of the common law systems. At the same time, insights gathered here should also be of interest to scholars and practitioners of the civil law tradition.
- Presents a comparative, multidisciplinary and scholarly assessment of the current state of commercial contract law in the US, the UK and to some extent in Europe
- Takes a wide range of theoretical approaches to study commercial contract
- Chapters approach the subject areas from a variety of perspectives - doctrinal analysis, law and economic analysis, and social-legal studies, as well as other theoretical perspectives
Jeffrey W. Stempel
Learning Civil Procedure provides a broad, student-centered, user-friendly approach to civil procedure that is both simplified and sophisticated. It engages students through presentation of examples and analyses that build mastery of the material before moving on to more involved problems similar to those students will encounter on final examinations, bar examinations, and as lawyers. This new publication, like West's Learning Evidence, makes great use of problems to facilitate dialogue in class and correspondingly uses many fewer case excerpts than does the typical casebook. But it includes the core "canon" of civil procedure opinions as well as sufficient historical background necessary for producing culturally literate lawyers better equipped for actual real world litigation practice.
Linda H. Edwards
An innovative and riveting look at briefs from a highly respected author that can be used a primary text in an advanced legal writing class or as a secondary text in a basic legal writing course. The chapters can be taken in any order. In the first part of the book, individual chapters cover advanced legal writing topics such as rhetoric, voice, emotion, metaphor, and narrative. The second part of the book introduces famous cases, with the story of each case. Chapter introductions provide interesting insights, such as historical context, the story of the case and of the litigation of it, information about the lawyers who wrote the briefs on both sides, what the courts decided, and, where relevant, about what has happened since. Compelling content makes it easy to engage students while photos throughout enliven the text. Full-text cases and briefs are available on a companion website and a Teacher’s Manual offers sample syllabi and suggested readings for each brief.
- Highly respected author
- can be used as core text in advanced legal writing with other materials
- secondary text in a basic legal writing course
- chapters can be taken in any order
- High-interest, engaging content
- Each chapter focuses on important legal writing topics
- Features famous case
- Chapter introductions with compelling insights
- historical context
- the story of the case and its litigation
- information about the lawyers who wrote the briefs on both sides
- what the courts decided
- what has happened since
- Full-text cases and briefs offered on a companion website
- Photos that enliven the text
- A Teacher’s Manual with sample syllabi and suggested readings for each brief
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.
Thomas O. Main
The fourth edition, written by respected scholars and experienced educators, includes both classic and new materials. The book presents traditional topics in historical and empirical context, and it adds new and provocative materials as well as relevant theoretical and background readings. The procedural and nonprocedural aspects of the cases are thought-provoking, to hold students’ interest. Each chapter contains a well-written introduction, cases, and clear explanations of the doctrine, supported by comments and questions which deepen students’ understanding and clarify key concepts. The book includes more than forty well-crafted problems (both for class use and review) to help students solidify their understanding of the materials either in class or as out-of-class assignments. In-class exercises and simulations based on two sample case files are integrated throughout. Pleadings, memoranda, transcripts, exhibits, motions, and more – all taken from real cases – appear in the Appendix. Civil Procedure: Doctrine, Practice, and Context consistently emphasizes the skills and values of lawyering as it offers a consideration of social responsibility. At approximately 1,300 pages, it is designed for civil procedure courses of any length, and a revised detailed Teacher’s Manual is geared to be useful for both new and experienced instructors.
The Fourth Edition has been updated throughout.
Hallmark features of Civil Procedure: Doctrine, Practice, and Context:
- Distinguished authorship, respected and experienced educator-scholars
- Exceptionally varied, provocative materials o provide both historical and empirical context
- Well-written, well-positioned introductions and explanations
- Effective and supportive comments and questions
- More than 40 thoughtful practice exercises
- Practice exam questions o challenging but not intimidating
- Two sample case files integrated throughout o transcripts, memoranda, exhibits, motions, and more in the Appendix
- Consistently emphasizes lawyering skills and values as well as social responsibility
- Designed for civil procedure courses of any length
- Detailed Teacher’s Manual
Thoroughly updated, the revised Fourth Edition presents:
- new material throughout the text
Ann C. McGinley
According to masculinities theory, masculinity is not a biological imperative but a social construction. Men engage in a constant struggle with other men to prove their masculinity. Masculinities and the Law develops a multidimensional approach. It sees categories of identity—including various forms of raced, classed, and sex-oriented masculinities—as operating simultaneously and creating different effects in different contexts.
By applying multidimensional masculinities theory to law, this cutting-edge collection both expands the field of masculinities and develops new thinking about important issues in feminist and critical race theories. The topics covered include how norms of masculinity influence the behavior of policemen, firefighters, and international soldiers on television and in the real world; employment discrimination against masculine cocktail waitresses and all transgendered employees; the legal treatment of fathers in the U.S. and the ways unauthorized migrant fathers use the dangers of border crossing to boost their masculine esteem; how Title IX fails to curtail the masculinity of sport; the racist assumptions behind the prison rape debate; the surprising roots of homophobia in Jamaican dancehall music; and the contradictions of the legal debate over women veiling in Turkey. Ultimately, the book argues that multidimensional masculinities theory can change how law is interpreted and applied.
Elaine W. Shoben
This is the teacher's manual to Shoben, Tabb and Janutis' Remedies, Cases and Problems, 5th.
Jeffrey W. Stempel
General Liability Insurance Coverage: Key Issues in Every State authored by Randy Maniloff & Jeffrey Stempel: Insurance coverage disputes raise issues in which laws and outcomes regularly vary from state to state. Whether a claim is covered can depend a great deal on whether the case arises on one side of the street or another. It is imperative that insurance claims professionals, lawyers, brokers, risk managers, risk consultants, regulators, and judges have adequate access to comparative state-law research. General Liability Insurance Coverage is designed to give the stakeholders in the claims process ready access to the law of all 50 states on the most important liability insurance issues to quickly learn and assess state law relevant to coverage disputes.
The Second Edition addresses nearly 700 new cases covering all 50 states (most from 2010 and 2011) and adds the District of Columbia and a new chapter addressing Coverage for Pre-Tender Defense Costs.
Features • Written by a practitioner and legal scholar with extensive backgrounds and experience in insurance coverage law • An easy-to-read resource for all those involved in the insurance claims process • Provides readers with a thorough and up-to-date state-by-state analysis of insurance coverage law • Includes descriptions of nearly 2,600 cases
Psychology for Lawyers: Understanding the Human Factors in Negotiation, Litigation and Decision Making
Jean R. Sternlight
Lawyers who can harness the insights of psychology will be more effective interviewers and counselors, engage in more successful negotiations, conduct more efficient and useful discovery, more effectively persuade judges and others through their written words, better identify and avoid ethical problems, and even be more productive and happier. Psychology for Lawyers introduces practicing lawyers and law students to some of the key insights offered by the field of psychology. The first part of the book offers a crash course in those aspects of psychology that will be most useful to practicing attorneys, including issues such as perception, memory, judgment, decision making, emotion, influence, communication, and the psychology of justice. The second part applies the insights of research to tasks that lawyers face on a regular basis, including interviewing, negotiating, counseling, and conducting discovery. In addition, the book offers practical suggestions for improving your practice -- suggestions that are grounded in the science of psychology. In short, by learning more about psychology and how to apply it, lawyers will be more effective, more successful, more ethical, and even happier. Comprehensive in discussion, this guide discusses aspects of social and cognitive psychology that are most relevant to lawyering: perception, memory, judgment, decision making, emotion, influence, communication and the psychology of justice. The authors include clear writing drawing on lots of current and interesting examples, chapter summaries, and extensive endnotes and helpful bibliographies for each chapter for those readers desiring more depth on particular issues.
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.
This casebook organizes contemporary foreign, as well as U.S., case law and literature to equip law students with the knowledge they need to engage in international intellectual property practice, in both transactional and litigation settings. Carefully selected materials also expose students to the social, economic, and cultural considerations that underpin intellectual property law around the world. Each field of law - copyright, patent, trademark, unfair competition, trade secrets, industrial design - is introduced by a comprehensive author's note placing the field in its international and comparative law context, and extensive notes on the cases and materials fill in relevant details, including currently and historically important topics. A substantially expanded teacher's guide offers step-by-step help to teaching every case and doctrine.
The Teacher's Manual for Goldstein and Trimble's International Intellectual Property Law, 3rd Edition (University Casebook Series®), explains the major concepts and policies behind each chapter of the book and, for each chapter, guides the instructor through the course materials, methodically reviewing each case and concept covered. The Manual offers suggestions for in-class discussion, additional practical examples, and links to useful websites. The Manual offers sample syllabi and final exams, and explains course goals and practical suggestions for course structure and course prerequisites.
Christopher L. Blakesley
Here is an overview of constitutional issues that arise when searches, seizures, and interrogations occur outside the United States. Global Issues examines prosecutions in U.S. courts that involve evidence obtained abroad and the reach of the Fourth Amendment when the searches and seizures involve U.S. citizens abroad compared with non-U.S. citizens. Cases such as Verdugo-Urquidez and Alvarez-Machain are included, along with sections on electronic surveillance and the reach of the Fifth Amendment and Due Process Clause abroad, plus materials on torture and extraordinary renditions. There is also a short discussion of indefinite detention in places like Guantanamo Bay, Cuba, Afghanistan, and in other sites.
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.
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.