Linda L. Berger and Kathryn M. Stanchi
This book develops a central theme: legal persuasion results from making and breaking mental connections. This concept of making connections inspired the authors to take a rhetorical approach to the science of legal persuasion. That singular approach resulted in the integration of research from cognitive science with classical and contemporary rhetorical theory, and the application of these two disciplines to the real-life practice of persuasion. The combination of rhetorical analysis and cognitive science yields a new way of seeing and understanding legal persuasion, one that promises theoretical and practical gains. The work has three main functions. First, it brings together the leading models of persuasion from cognitive science and rhetorical theory, blurring boundaries and leveraging connections between the often-separate spheres of science and rhetoric. Second, it illustrates this persuasive synthesis by working through concrete examples of persuasion, demonstrating how to apply this new approach to the taking apart and the putting together of effective legal arguments. In this way, the book demonstrates the advantages of a deeper and more nuanced understanding of persuasion. Third, the volume assesses and explains why, how, and when certain persuasive methods and techniques are more effective than others. The book is designed to appeal to scholars in law, rhetoric, persuasion science, and psychology; to students learning the practice of law; and to judges and practicing lawyers who engage in persuasion.
Linda H. Edwards
Legal Writing: Process, Analysis, and Organization, Seventh Edition by the 2017 Burton Award recipient and renowned author, Linda Edwards, is the only legal writing text that uses a process approach, presenting writing as a logical sequence of steps. Streamlined to meet the needs of today s students, the Seventh Edition uses adult learning theory concepts and a flipped classroom approach to add even greater focus and efficiency to classroom and study time.
- New Chapter (4) on working with statutes.
- Updated chapter on citation
- Improved coverage of brief-writing
- Streamlined chapter on letter writing to better meet the need of a first-year course.
- Modern process approach, with streamlined content for better absorption by students
- Clear and informal language
- Helpful appendices offering sample of office memos, sample letters, and appellate briefs.
Health Care Law and Ethics, Ninth Edition offers a relationship-oriented approach to health law—covering the essentials, as well as topical and controversial subjects. The book provides thoughtful and teachable coverage of every aspect of health care law. Current and classic cases build logically from the fundamentals of the patient/provider relationship to the role of government and institutions in health care. The book is adaptable to both survey courses and courses covering portions of the field.
Nancy B. Rapoport and Jeffrey D. Van Niel
Good students need to know more than the rules. Law students need to know more than substantive law, and business students need to know more than basic business principles. Students need to be able to understand how the clearest policies can be undercut by the ways in which humans tend to think, both individually and in groups. Most of the world's scandals weren't caused by villains; but rather by humans reacting to certain types of situations. In retrospect, it's possible to piece together what caused a scandal, but this book gives students the tools to try to forestall the development of a scandal in the first place. By deconstructing well-known scandals, students can put themselves in the role of CEO or General Counsel and determine how they would discover ways to react differently.
Jeffrey W. Stempel, Steven Baicker-McKee, Brooke D. Coleman, David F. Herr, and Michael J. Kaufman
Learning Civil Procedure provides a broad, student-centered, user-friendly approach to civil procedure that is both clear and sophisticated. Students build mastery of the material through the presentation of examples and analyses. Students then move on to involved problems similar to what they will encounter on final examinations, bar examinations, and as lawyers. The book makes great use of problems to facilitate dialogue in class and correspondingly uses many fewer case excerpts than does the typical casebook. Students will emerge as competent and culturally literate lawyers because the book also includes the core "canon" of civil procedure opinions as well as sufficient historical background.
Learning Civil Procedure is a book designed by authors who both teach and litigate, making it the perfect tool for ensuring that students are ready for the classroom, the bar exam, and real-world litigation practice.
Editions of this book have been published in 2013, 2015, and 2018.
Jeffrey W. Stempel, David F. Herr, and Roger S. Haydock
Fundamentals of Litigation Practice serves as an introduction to issues and tasks a litigator might face in routine litigation practice. This resource emphasizes the processes that take place before a trial. A unique feature is “StartSmart,” a brief synopsis at the beginning of each chapter. StartSmart is intended as a starting point for a new lawyer or for a more experienced lawyer who hasn't addressed the issue recently.
The text provides an overview of the law governing a particular problem and guides the process to obtaining further information. The balance of each chapter provides more detailed and comprehensive coverage of procedure, tactics, and techniques. You will find expanded discussions on:
- Investigation and litigation strategy
- Motion practice
This resource helps you to easily and effectively solve common litigation problems. The table of contents sets out roughly the chronological life of a typical lawsuit.
Editions of this book have been published in 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, and 2018.
Jeffrey W. Stempel and Randy Maniloff
States can differ widely in their interpretation of liability insurance policies. Simply put, liability claims cannot be handled adequately without considering the applicable state law for each issue.
General Liability Insurance Coverage – Key Issues in Every State examines 20 of the most important coverage issues and provides the law – clearly and in detail – in all 50 states and D.C. And half of the chapters involve issues that are equally applicable to Professional Liability policies.
Previously published by Oxford University Press, the 4th Edition of Key Issues adds over 900 new cases (mostly from 2014-2017) and a new chapter addressing the ALI's Restatement of the Law of Liability Insurance.
If you want an esoteric discussion of coverage, do not buy Key Issues. Buy a treatise. But if you just want to have the law at your fingertips, on the liability coverage issues that arise every day, then you'll be pleased with what Key Issues has to offer.
Editions of this book have been published in 2011, 2012, 2015, and 2018.
Linda H. Edwards
Calls to reform legal education argue for increasing skills courses and for adding skills components to existing doctrinal courses. Doctrinal teachers naturally resist. The argument asks them to give up curricular space and syllabus time in order to advance the teaching goals of someone else's course. But what if doctrinal and skills courses are not naturally occurring categories at all, but rather subjective groupings of our own creation? What if skills teaching is actually an inherent part of deep doctrinal learning? This book dismantles the theoretical legitimacy of the doctrine-skills divide, identifies its unnecessary negative entailments, and suggests better alternatives.
Leslie C. Griffin
The fourth edition was updated to include important new Supreme Court cases on governmental prayer, reproductive healthcare rights, the Religious Freedom Restoration Act (RFRA), and same-sex marriage. The fourth edition continues the book's interdisciplinary approach to law and religion, its student-friendly notes and questions, and its inclusion of numerous non-Supreme Court cases from a variety of state, federal, and international courts. The chapters were reorganized to highlight the impact of the Court's most recent cases on the subject matter of law and religion. The first six chapters provide the foundational information about free exercise, establishment, and RFRA.
Ann C. McGinley and Laura Rothstein
The Sixth Edition of Disability Law provides a comprehensive overview of the major laws relating to discrimination against individuals with disabilities. It takes a broad approach to understanding how disability discrimination laws apply to the kinds of cases attorneys, policymakers, and judges are likely to face, including cases on harassment and retaliation based on disability.
The book includes many of the selected cases, problems, questions, and statutory and regulatory references from the Fifth Edition, along coverage of recent developments that reflects recent regulatory and judicial decisions. New features include an introductory overview and chapter goals, definitions of key terms within each chapter, and chapter summaries. The Teacher’s Manual and web-related materials include additional hypotheticals, skills exercises, and enrichment materials.
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.
Editions of this book have been published in 1985, 1991, 1998, 2001, 2009, 2015, 2016, and 2017.
Linda L. Berger, Terrill Pollman, and Jeanne Price
Examples & Explanations: Legal Research is designed to meet the needs of law students who have come to expect that they will instantly receive answers to their questions. Rather than cataloging sources or outlining processes, this text starts where today s law students are when they realize they have a research problem. By that time, their research problem is not locating sources, but knowing what to do with them.
The Legal Research E & E guides students through examples and explanations of the kinds of sources they ve found, using the context of interesting and entertaining real-world problems. The text helps students determine which sources are the most useful for the current project and which not; it leads students to understand how one source affects and relates to the others; and equally important it shows students how to write about the sources they have found.
Because this book covers the kinds of research projects faced not only by beginning law students but also by advanced students and even new lawyers, its value to its readers is long-lasting. Even experienced researchers will learn more about working with the difficult, as well as the easy, research questions that today are addressed by an array of sources.
Linda L. Berger, Kathryn M. Stanchi, and Bridget J. Crawford
What would United States Supreme Court opinions look like if key decisions on gender issues were written with a feminist perspective? Feminist Judgments brings together a group of scholars and lawyers to rewrite, using feminist reasoning, the most significant US Supreme Court cases on gender from the 1800s to the present day. The twenty-five opinions in this volume demonstrate that judges with feminist viewpoints could have changed the course of the law. The rewritten decisions reveal that previously accepted judicial outcomes were not necessary or inevitable and demonstrate that feminist reasoning increases the judicial capacity for justice. Feminist Judgments opens a path for a long overdue discussion of the real impact of judicial diversity on the law as well as the influence of perspective on judging.
- Contains contributions from more than 50 feminist scholars and lawyers, so readers will learn about feminist reasoning from experienced writers and thinkers
- People interested in the Supreme Court, politics, feminism and women's studies will gain from varied and informed perspectives through a feminist lens
Leslie C. Griffin and Joan H. Krause
Practicing Bioethics Law provides basic readings in the field of bioethics law, including court cases, statutes, administrative regulations, briefs, and law review and other academic articles. The text presents theoretical debates about the latest bioethical subjects as well as practice-based materials that expose students to a wide range of possible bioethics-related careers. The book’s companion website provides practice documents, videos, pictures, scientific materials and other information that is too complex to include in a traditional casebook. The authors combined the book and the website so readers could learn more about the practice of bioethics law at the same time they are beginning to understand the theory and content of bioethics law.
Ann C. McGinley
In late October 2013, the Miami Dolphins’ player Jonathan Martin walked out on his team and checked into a mental health institution. The original story implied that Martin could not take the professional pressure. Within days, the story changed. News sources reported that Martin’s teammates had repeatedly bullied him and as a result, the twenty-four year-old African American player suffered serious depression. The response was skeptical, and many opined the harassment involved was simply locker room banter that all players endure; essentially, that boys will be boys.
Masculinity at Work uses the Jonathan Martin case and others to analyze Title VII of the Civil Rights Act of 1964 through the lens of masculinities theory. Illustrating how harassment and discrimination can occur because of sex even if the gendered nature of the behavior remains unseen to onlookers, this book educates readers about the invisibility of masculine structures and practices, how society constructs concepts of masculinity, and how men (and sometimes women) perform masculinity in different ways depending on their identities and situational contexts. Using a sophisticated mix of legal, gender, and social science analysis, the author demonstrates how masculinities theory can also offer significant insights into the behaviors and motivations of employers, as well as workplace structures that disadvantage both men and women who do not conform to gender stereotypes. Both a theoretical disposition and a practical guide for legal counsel and judges on the interpretation of sex and race discrimination cases, Masculinity at Work explains how this theory can be used to interpret Title VII in new, liberating ways.
Jeffrey W. Stempel, David F. Herr, and Roger S. Haydock
This trailblazing work, now in its Tenth Edition, continues to be the standard of pretrial texts, covering litigation practice and underlying theories. It is widely adopted in skills and clinic courses, advanced civil procedure seminars, civil procedure classes, as well as in pretrial litigation classes.
The chapters comprehensively explain case planning, investigation, pleadings, discovery, ediscovery, depositions, interrogatories, document and ESI production, admission requests, sanctions, procedural and dispositive motions, effective motion advocacy, and alternative dispute resolution and settlement methods. The materials enable students to become highly competent, responsible, and ethical litigators. This benchmark book covers the skills, theories, strategies, tactics, and techniques applicable to pretrial and prehearing practice before judges, arbitrators, and administrative officials. The extensive text provides examples and illustrations of successful litigation practice.
This Tenth Edition explains the 2015 amendments to the federal rules and describes new approaches to modern practice. This innovative book continues to include web-based electronic documents. Ediscovery case files appear on a website that students and the professor can readily access. This online location contains numerous documents and problems involving electronically stored information. Students are able to locate, search, and analyze documents to better prepare them for contemporary litigation experiences. No other law school text provides this extensive range of pretrial litigation and ediscovery problems.
Editions of this book have been published in 1985, 1992, 1994, 2000, 2001, 2007, 2008, 2011, 2013, and 2016.
Jeffrey W. Stempel and Erik S. Knutsen
Unlike most other books in the field, which slant toward either policyholder or insurer counsel, Stempel and Knutsen on Insurance Coverage takes an even-handed approach making it useful to attorneys from all sides. Moreover, it's designed for practitioners from all professional backgrounds and insurance experience.
Written in clear, jargon-free language, it covers everything from the basic insurance concepts, principles, and structure of insurance policies to today's most complex issues and disputes. The authors, Jeffrey W. Stempel and Erik S. Knutsen, are well-known authorities on the law of insurance coverage, and this new Fourth Edition of Stempel and Knutsen on Insurance Coverage is completely up-to-date on every aspect of its subject.
This one-stop resource provides both a sound historical, theoretical and doctrinal grounding in insurance, as well being practice-oriented and packed with practical guidance. After providing information about insurance policies and issues in general, it focuses on specific types of policies and coverage such as property coverage, liability coverage, automobile coverage, excess and umbrella coverage, and reinsurance, plus such vital areas as employment, defective construction, and terrorism claims...D&O liability...ERISA...bad faith litigation...and much more. Plus, you'll find extensive examination of the commercial general liability (CGL) policy, the type of insurance involved in most major coverage cases.
Among the most important CGL issues covered in Stempel and Knutsen on Insurance Coverage are:
- Pollution-related coverage
- Trigger of coverage
- Apportionment of insurer and policyholder responsibility
- Business risk exclusions
- Coverage under the "personal injury" section of the CGL
- Coverage under "advertising injury"
Nowhere else will you find so much valuable current information, in-depth analysis, sharp insight, authoritative commentary, significant case law, and practical guidance on this critically important area. With its clear explanations and thorough, even-handed coverage, Stempel and Knutsen on Insurance Coverage is unlike any other resource in its field.
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.
This book provides coverage of a variety of subjects not found in other entertainment law books, including analytical/transactional/experiential material on some of the unique problems that arise in representing an entertainer; entertainment industry contracts; taxation of entertainers; selling an idea; and the implications of the internet to entertainment and the identities of artists. It includes an international treatment of many of the subjects. In many of the chapters the questions are the kind that arise in law practice, and they ask students to apply what they are about to read or just have read.
David S. Tanenhaus, Franklin E. Zimring, and Maximo Langer
Among developed nations, the United States has one of the most extreme and harsh criminal justice systems in the world—there is overwhelmingly more violence, more punishment, and more incarceration for both adults and juveniles here. But while American scholars may have extensive knowledge about other justice systems around the world and how adults are treated, juvenile justice systems and the plight of youth who break the law throughout the world is less often studied. This important volume fills a large gap in the study of juvenile justice by providing an unprecedented comparison of criminal justice and juvenile justice systems across the world, looking for points of comparison and policy variance that can lead to positive change in the United States.
Edited by three distinguished scholars on this topic, Juvenile Justice in Global Perspective contains original contributions from some of the world’s leading voices. The contributors cover countries from Western Europe to rising powers like China, India, and countries in Latin America. The book discusses important issues such as the relationship between political change and juvenile justice, the common labels used to unify juvenile systems in different regions and in different forms of government, the types of juvenile systems that exist and how they differ, and the impact of national characteristic differences on outcomes of treatment. Furthermore, the book uses its data on criminal versus juvenile justice in a wide variety of nations to create a new explanation of why separate juvenile and criminal courts are felt to be necessary. Offering a unique, proactive and comprehensive approach to juvenile justice, Juvenile Justice in Global Perspective is an important resource for scholars, prosecutors, lawmakers, and judges who hope to shape a better future for youth involved with the criminal justice system.
Mary Beth Beazley
Mary Beth Beazley’s highly regarded A Practical Guide to Appellate Advocacy is a comprehensive student-focused guide to writing appellate briefs. Written in an understandable, direct writing style, this concise paperback’s effective structure centers on a four-point approach to writing and breaks each point down into key elements that are then treated in-depth.
• New material on the impact technology is having on appellate advocacy, the research for which includes interviews with both judges and clerks
• Tips on time management
• Material on the narrative theory has been expanded and clarified with syllogisms that use narrative theory
• New discussions on avoiding plagiarism in law school and malpractice in practice that also note the differences between academic misconduct and professional misconduct when it comes to legal writing
Mary Beth Beazley
Applying the perspective of the reader to the craft of writing, Legal Writing for Legal Readers teaches the differences between strong and weak legal writing by letting students read examples of both. Students discover how productive it can be to read a well-articulated argument, as compared to one that is illogical and ill conceived. We aren’t always able to identify our own faults as writers—but as readers, we can see clearly the merits of both the argument and its presentation. The authors’ sidebars and annotations highlight why one writer fails while another succeeds. Students realize the significance of their own behavior as readers and how that behavior should dictate their writing decisions. As readers, students learn to recognize the specific elements of analysis and structure that make legal writing effective. As writers, they will make better and more informed choices, when they think about it from a reader’s perspective.
Using the student’s own experience as a reader to shed light on what makes legal writing succeed or fail, Legal Writing for Leal Readers features:
• A range of both strong and weak legal documents, selected to illustrate legal writing concepts
• Broad coverage that includes memos and briefs, as well as complaints, correspondence, and criminal motions
• Sidebar comments from the authors that provide context and insight
• Annotations that incorporate cognitive and behavioral theories to explain why some approaches work better than others
• Authors with a wealth of experience, in both teaching and practice
• Additional on-line resources
Anthony N. Cabot and Ngai Pindell
Once restricted to exotic locations like Las Vegas, Macau, and Monte Carlo, casinos are now operating in many cities nationally and internationally from the Maryland waterfront to Ho Chi Minh City. This expansion of the gaming industry, both geographically and economically, raises new and important policy questions about the role of government in gaming regulation, the obligations and opportunities for casinos, and public support for gambling and gaming tax revenue. The contributors to this book have decades of experience in gaming regulation and business and are optimistic about the future of gaming and casinos. Each author critically engages the subject and offers his or her insight into what works and what does not in the gaming business and gaming regulation. Whether a jurisdiction is considering legalizing gaming or deciding how to regulate an existing gaming industry, it should engage in a careful cost-benefit analysis informed by available data and the jurisdiction’s particular public policy goals.
Each chapter in this book considers a key component of this process. The chapters collect and analyze gaming research from a wide variety of disciplines, including law, business, social sciences, economics, and tax to explain the many approaches a jurisdiction might take to identify and address important policy goals and to suggest emerging issues that require additional research and data. The chapters also incorporate extensive industry experience and examples to investigate the effects of different regulatory practices on the gaming industry, industry stakeholders, and the public.
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.
David S. Tanenhaus and Franklin E. Zimring
This is a hopeful but complicated era for those with ambitions to reform the juvenile courts and youth-serving public institutions in the United States. As advocates plea for major reforms, many fear the public backlash in making dramatic changes. Choosing the Future for American Juvenile Justice provides a look at the recent trends in juvenile justice as well as suggestions for reforms and policy changes in the future. Should youth be treated as adults when they break the law? How can youth be deterred from crime? What factors should be considered in how youth are punished? What role should the police have in schools?
This essential volume, edited by two of the leading scholars on juvenile justice, and with contributors who are among the key experts on each issue, the volume focuses on the most pressing issues of the day: the impact of neuroscience on our understanding of brain development and subsequent sentencing, the relationship of schools and the police, the issue of the school-to-prison pipeline, the impact of immigration, the privacy of juvenile records, and the need for national policies—including registration requirements--for juvenile sex offenders. Choosing the Future for American Juvenile Justice is not only a timely collection, based on the most current research, but also a forward-thinking volume that anticipates the needs for substantive and future changes in juvenile justice.