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 and Frank Rudy Cooper
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, Peter Nash Swisher, and Erik S. Knutsen
Over the past two decades, there have been a number of important developments in the areas of liability, property, and life and health insurance that have significantly changed insurance law. Accordingly, the Fourth Edition of Principles of Insurance Law has been substantially rewritten, reformatted, and refocused in order to offer the insurance law student and practitioner a broad perspective of both traditional insurance law concepts and cutting-edge legal issues affecting contemporary insurance law theory and practice. This edition not only expands the scope of topical coverage, but also segments the law of insurance in a manner more amenable to study, as well as facilitating the recombination and reordering of the chapters as desired by individual instructors. The Fourth Edition of Principles of Insurance Law includes new and expanded treatment of important insurance law developments, including:
• The critical role of insurance binders as temporary forms of insurance as illustrated in the World Trade Center property insurance disputes resulting from the terrorist attacks of September 11, 2001;
• The continuing debate between "legal formalists" and "legal functionalists" for "the heart and soul" of insurance contract law;
• What constitutes a policyholder's "reasonable expectation" regarding coverage;
• The current property and liability insurance "crisis";
• Risk management and self-insurance issues;
• Emerging, and frequently conflicting, case law concerning the intersection of insurance law and federal anti-discrimination regulation;
• Ongoing interpretive battles over the preemptive scope of ERISA;
• The United States Supreme Court ruling that a California statute attempting to leverage European insurers into honoring commitments to Holocaust era policies is preempted by the Executive's power over foreign affairs;
• The State Farm v. Campbell decision, which struck down a $145 million punitive damages award in an insurance bad faith claim as well as setting more restrictive parameters for the recovery of punitive damages;
• New issues over the dividing line between "tangible" property typically covered under a property insurance policy and "intangible" property, which is typically excluded - an issue of increasing importance in the digital and cyber age;
• Refinement of liability insurance law regarding trigger of coverage, duty to defend, reimbursement of defense costs, and apportionment of insurer and policyholder responsibility for liability payments;
• The difficult-to-harmonize decisions concerning when a loss arises out of the "use" of an automobile;
• Insurer bad faith and the availability, if any, of actions against a policyholder for "reverse bad faith"; and
• The degree to which excess insurance and reinsurance may be subject to modified approaches to insurance policy construction.
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.
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.
Public policy responses to escalating medical costs and constrained access pose fundamental challenges to health care law. Profound medical advances also generate many ethical dilemmas. This authoritative discussion considers how law and ethics respond to these driving social, economic, and political forces of innovation, crisis, and reform. Topics include health care finance and delivery structures, treatment relationships, facility and insurance regulation, corporate and tax law, refusal of life support, organ donation, and reproductive technologies.
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.