Law

Civil Procedure

Cases and Materials

Author: Jack H. Friedenthal,Arthur Raphael Miller,John Edward Sexton,Helen Hershkoff

Publisher: West Academic Publishing

ISBN: 9780314280169

Category: Law

Page: 1367

View: 8444

The Eleventh Edition of this popular casebook provides a framework for studying both the essential and the cutting-edge issues of civil procedure while incorporating problems that test doctrinal understanding, foster case reading skills, and encourage a sense of litigation strategy. New Supreme Court cases have been integrated that impact personal jurisdiction (McIntyre, Goodyear), subject-matter jurisdiction (Grable, Gunn), pleading (Twombly, Iqbal), joinder (Pimentel), class actions (Dukes), and other important topics, including statutory changes such as the Jurisdiction Clarification Act. The casebook covers all of the major topics that a professor might wish to teach in a first-year course, and can easily be adapted for courses of one- or two-semesters, of different credit hours, and with varied practical or theoretical emphases. A supplement includes all updated Federal Rules, the pleadings in Twombly and Iqbal, a model case file, state materials, and other important teaching tools.
Law

Civil Procedure Supplement for Use With All Pleading and Procedure Casebooks 2009

Author: Jack H. Friedenthal,Arthur R. Miller,John E. Sexton,Helen Hershkoff

Publisher: West Academic Publishing

ISBN: 9780314911391

Category: Law

Page: 514

View: 7952

This supplement contains the federal statutes and rules governing procedure, along with comparative state provisions. In some cases other materials, such as notes of advisory committees, are included. The supplement also includes an illustrative problem with sample documents and a litigation flowchart.
Law

Civil Procedure

Theory and Practice

Author: Linda J. Silberman,Allan R. Stein,Tobias Barrington Wolff

Publisher: Wolters Kluwer Law & Business

ISBN: 1454888695

Category: Law

Page: 1296

View: 5737

Using the Socratic method, Civil Procedure: Theory and Practice, Fifth Edition helps students develop strategic, critical thinking with introductory text, examples, and hypotheticals that equip them for the challenges of practice. Sophisticated, yet straightforward, the text strikes an important balance by providing clear exposition while requiring work to achieve deeper insights. An opening chapter gives an overview of the entire process, using real pleadings and discovery materials in the landmark N.Y. Times v. Sullivan case. The innovative “Anatomy of a Litigation” case study chapter systematically leads students from pleadings to verdict, using leading cases to deepen the connection between the classroom and the courtroom. Civil Procedure: Theory and Practice covers the full range of topics, including in-depth treatment of personal and subject-matter jurisdiction, joinder, preclusion, and alternative dispute resolution.
Law

Criminal Law and Its Processes

Cases and Materials

Author: Sanford H. Kadish,Stephen J. Schulhofer,Rachel E. Barkow

Publisher: Wolters Kluwer Law & Business

ISBN: 1454886250

Category: Law

Page: 1400

View: 1751

From a preeminent authorship team, Criminal Law and its Processes: Cases and Materials, Tenth Edition, continues in the tradition of its best-selling predecessors by providing students not only with a cohesive policy framework through which they can understand and examine the use of criminal laws as a means for social control but also analytic tools to understand and apply important criminal law doctrines. Instead of presenting the elements of various crimes in a disjointed fashion, Criminal Law and its Processes: Cases and Materials focuses on having students develop a nuanced understanding of the underlying principles, rules, and policy rationales that inform all criminal laws. A cases-and-notes pedagogy along with scholarly excerpts, questions, and notes, provides students with a rich foundation for not only the academic examination of criminal laws but also the application of the law to real-world scenarios. Features: Retains prior edition’s principal cases and Notes and Questions approach to explain and probe fundamental concepts. Notes updated to incorporate contemporary cases and recent news touching on criminal law. Inclusion of additional preeminent cases in the field of criminal law, including: Yates v. United States, 135 S. Ct. 1074, (Supreme Court application of common statutory interpretation techniques and the rule of lenity) Rosamond v. United States, 134 S. Ct. 1240, (Supreme Court examination of accomplice liability) Perry v. Florida (examination of the agreement requirement for conspiracy through the lens of a Florida sexual battery offense). Theft (chapter 9) substantially revised to include new principal case dealing with trespassers takers in the credit card context. Expanded discussion of: mass incarceration and prosecutorial/law enforcement discretion; and, the intersections between race and criminal la

California Legal Ethics

Author: Richard Wydick,Rex Perschbacher,Debra Bassett

Publisher: West Academic Publishing

ISBN: 9781634592222

Category:

Page: 500

View: 4449

The new Ninth Edition of California Legal Ethics reflects extensive updating to integrate new cases and current issues, while keeping its practical, problem-centered focus. The new edition contains more than a dozen new Discussion Problems and nearly a dozen new cases, and integrates readings on current issues. The chapter addressing bias has been extensively reworked to include both recent cases and readings that address the concept of unconscious bias. Approachable, concise, and up-to-date, this practical new edition ensures that students understand the potential ethical pitfalls encountered in the practice of law.
Law

Civil Procedure

A Modern Approach

Author: Richard L. Marcus,Martin H. Redish,Edward F. Sherman,James E. Pfander

Publisher: West Academic Publishing

ISBN: 9780314278999

Category: Law

Page: 1332

View: 1308

This title is a part of our CasebookPlus(tm) offering as ISBN 9781634595094. Learn more at CasebookPlus.com. The sixth edition of this successful casebook continues the authors' commitment to providing professors and their students with the tools to address both foundational questions and cutting edge procedural issues in a practical way that is attuned to today's legal practice. It contains an expanded treatment of the increasingly important topic of pleading practice, and additional emphasis on electronic discovery issues. It also offers carefully edited versions of recent Supreme Court cases like Ashcroft v. Iqbal and J. McIntyre Machinery, Ltd. v. Nicastro, along with textual and note material to identify and highlight the critical issues. The class-action section contains presentations on Wal- Mart v. Dukes and the key issues raised by the Court's decisions on class-action waivers in arbitration clauses that are appropriate for first-year students. Throughout, the material has been updated and revised to focus on the critical issues of 21st century practice. As with prior editions, the authors will provide a thorough Teachers' Manual, which they will supplement with annual Teachers' Updates to keep teachers entirely up-to-date.

Materials for a Basic Course in Civil Procedure

Author: Kevin Clermont

Publisher: Foundation Press

ISBN: 9781634593090

Category:

Page: 1014

View: 9597

This casebook is the concise, and very modern, version of a respected classic of civil procedure casebooks. The key to its brevity is its efficient and systematic step-by-step survey of the subject in Part One, which provides a tight 270-page comprehensive treatment of current civil procedure. The survey suffices to give the students a complete and solid grounding in civil procedure by means of the cases, commentaries, text, and questions that progress from pretrial and settlement to trial, judgment, appeal, jurisdiction, and complex litigation. This brief yet thorough coverage leaves time for in-depth treatment of a few selected problem areas regarding the system's fundamental structure in Part Two on governing law, Part Three on authority to adjudicate, and Part Four on res judicata. The twelfth edition has been thoroughly updated. It covers major new cases on general and specific personal jurisdiction and on pleading, and it introduces new materials on the res judicata effect of statute-of-limitations dismissals. It also fully incorporates the new amendments to the Federal Rules of Civil Procedure, which affect such important topics as discovery.
Law

Torts

Author: Harry Shulman,James,Joseph Warren Bishop,Oscar S. Gray,Ralph S. Brown

Publisher: Foundation Press

ISBN: 9780882774237

Category: Law

Page: N.A

View: 7833

Copyright

Catalog of Copyright Entries. Third Series

1972: July-December

Author: Library of Congress. Copyright Office

Publisher: Copyright Office, Library of Congress

ISBN: N.A

Category: Copyright

Page: 1588

View: 3920

Law

Civil Procedure

Cases, Problems and Exercises

Author: John T. Cross,Leslie W. Abramson,Ellen E. Deason

Publisher: West Academic

ISBN: N.A

Category: Law

Page: 898

View: 8917

This book, which focuses on cases decided in the last decade, differs from similar casebooks in several ways - most notably its extensive use of problems and exercises. Each section includes an Introductory Problem to encourage students to think about the issues, and a review of problems at the end. This approach helps students become comfortable in applying the rules they have learned, and gives them the incentive to look closely at the language of the positive law itself. Exercises throughout encourage students to use their research skills to discover how state procedural standards compare with the federal rules and statutes.
Law

The Supreme Court and the Constitutional Structure

Author: Ernest A. Young

Publisher: Foundation Press

ISBN: 9781599417400

Category: Law

Page: 1224

View: 470

This casebook is designed to reflect more accurately the way that Constitutional Law is generally taught in contemporary law schools. Most schools no longer attempt to offer a comprehensive survey course; rather, they offer an introduction to the subject that omits topics like the First Amendment and frequently focuses on issues of constitutional structure. The basic idea of this book is to conform the casebook more closely to the subjects actually covered in most introductory constitutional law courses. The book also tries to capture the best of both topical and historical arrangements. This book makes no attempt at comprehensive coverage. It combines a historical approach in the first half of the book with a very thorough doctrinal treatment of structural questions in the second. The book departs from most other casebooks in the field by offering longer cuts of fewer key cases, rather than trying to treat every significant case. The underlying theory is that the justices are considerably less cryptic when one includes a greater proportion of their explanations, and that the extra reading load is more than offset by the decrease in confusion. This book is divided into two principal parts. The first offers a general survey of judicial review, arranged as a history of the U.S. Supreme Court from Marbury to Bush v. Gore. This history accomplishes several goals: It presents an overall picture of the institution of judicial review as it has evolved over our history; it introduces the basics of a number of rights issues (e.g., equal protection and race, due process and privacy) not covered elsewhere in the course; and it exposes students to different theoretical approaches to constitutional interpretation. The second half of the book presents an in-depth doctrinal study of federalism and separation of powers,

The Supreme Court and the Constitution

Author: Ernest Young

Publisher: Foundation Press

ISBN: 9781628100303

Category:

Page: 1746

View: 1006

The changed title for the second edition of Professor Young's constitutional law casebook reflects the book's expanded coverage of individual rights. The new edition retains both the first edition's historically-sequenced survey of leading cases from Marbury to Casey and its in-depth focus on contemporary doctrine concerning federalism and separation of powers. But it adds lengthy survey chapters on Due Process and Equal Protection, as well as a final chapter integrating both strands of rights doctrine through a case study of gay rights. Introductory material and notes have been updated throughout, and new principal cases include NFIB v. Sebelius, Zivotofsky v. Kerry, and Obergefell v. Hodges. As before, this casebook is designed to facilitate the introductory Constitutional Law courses taught in most law schools, rather than to attempt a comprehensive survey of the subject. The new edition does offer considerably more flexibility, however, in calibrating the balance between structural issues and individual rights.
Law

Civil Procedure

Author: Samuel Issacharoff

Publisher: N.A

ISBN: 9781599415352

Category: Law

Page: 221

View: 4759

This book will analyze legal procedure as part of a complicated interaction between private ordering and public intervention. Modern society brings people together in a variety of settings and injects an active state presence into all manner of everyday activities. Inevitably there are disputes. Yet, these disputes settle all around us, based on social norms or simply an understanding of what is right and what is wrong; what is contestable and what is not. This private ordering of responsibility occurs against a backdrop, sometimes but certainly not always invoked, of what might occur were the matter to be taken to the more costly system of public dispute resolution. In this sense, disputants outside the legal system are said to be bargaining in the shadow of the law. For those who cannot privately order their disputes, there are two public interests. The first is to provide a public resolution such that future similarly situated disputants may be better able to anticipate what are the likely outcomes should they proceed to litigation. The second is to provide finality so that the disputants may get on with their affairs. The central thrust of this book will be to examine the overall structure of public dispute resolution through six basic concepts: rudimentary fairness and the trade off between equity and efficiency; defining the parameters of a dispute in terms of the presentation of issues and the obtaining of information; defining the scope of the dispute in terms of parties, particularly as the judicial system confronts increasingly complex litigation; defining the power of the courts; securing finality; and the costs of procedure.
Law

Criminal Law

Cases and Materials

Author: Cynthia Lee,Angela P. Harris

Publisher: N.A

ISBN: 9780314282866

Category: Law

Page: 1015

View: 4177

This text, the only criminal law casebook authored by two progressive female law professors of color, provides the reader with both critical race and critical feminist theory perspectives on criminal law while following a traditional format. All of the usual subject areas are covered, but the book is unique in highlighting the cultural context of substantive criminal law. The book seamlessly integrates issues of race, gender, class, and sexual orientation so the teacher who wishes to address such issues does not have to assign supplemental reading assignments in order to do so. The book is also very student-friendly, providing a brief doctrinal overview of the subject matter at the beginning of each chapter. The book does away with the tradition of long lists of notes and questions following the cases, a trademark feature of many older casebooks, putting this material in the Teachers Manual for the teacher to use at his or her discretion. The forthcoming third edition is fresh and innovative, referencing several ripped from the headlines controversies, including the shooting of Trayvon Martin by George Zimmerman and Florida's stand your ground law, the arrest of African American Harvard professor Henry Louis Gates, Jr. for disorderly conduct, the shooting of Larry King, a gender nonconforming teenager, by classmate Brandon McInerney and the gay panic defense, and the repeal of North Carolina's Racial Justice Act.

Leading Cases in Civil Procedure

Author: Linda Mullenix

Publisher: West Academic Publishing

ISBN: 9781634606820

Category:

Page: N.A

View: 7934

Law

Cases and Materials on California Civil Procedure

Author: David I. Levine,William R. Slomanson,C. Keith Wingate

Publisher: West Academic

ISBN: N.A

Category: Law

Page: 546

View: 1563

Law

Understanding Civil Procedure

Author: Gene R. Shreve,Peter Raven-Hansen

Publisher: LexisNexis

ISBN: 0327189894

Category: Law

Page: N.A

View: 944

This well-established treatise is premised on the assumption that the key to understanding the principles of civil procedure is to know why: why the principles were created and why they are invoked. The treatise is written to answer these questions as it lays out the basic principles of civil procedure. It also reflects the authors' belief that students of civil procedure can understand and appreciate complex principles when they are clearly presented; teaching civil procedure does not require dumbing it down. The authors use the Federal Rules of Civil Procedure as a model, but they also refer to different state rules and doctrines where appropriate in order to present a representative cross-section of state models. Although they discuss important civil procedure cases in the text, thus supporting the most widely used civil procedure casebooks using these same cases, they also provide useful references to secondary sources and illustrative cases for the reader who wants to explore further.
Monographic series

Books in Series

Author: N.A

Publisher: N.A

ISBN: 9780835221092

Category: Monographic series

Page: 1756

View: 2046

Law

The Redbook

A Manual on Legal Style

Author: Bryan A. Garner,Jeff Newman,Tiger Jackson

Publisher: West Academic

ISBN: 9780314168917

Category: Law

Page: 510

View: 4692

This book provides a comprehensive guide to the essential rules of legal writing. Unlike most style or grammar guides, it focuses on the special needs of legal writers, answering a wide spectrum of questions about grammar and style -- both rules and exceptions. It also gives detailed, authoritative advice on punctuation, capitalization, spelling, footnotes, and citations, with illustrations in legal context. Designed for law students, law professors, practicing lawyers, and judges, the work emphasizes the ways in which legal writing differs from other styles of technical writing. Its how-to sections deal with editing and proofreading, numbers and symbols, and overall document design. Features: * Cautions on use of 500 stuffy phrases and needless legalisms, along with their everyday English translations * Details rules for 800 words with required prepositions in certain contexts * Explains the correct usage of more than 1,000 words that are often troublesome to legal writers * Gives tips on preparing briefs and other court documents, opinion letters and demand letters, research memos, and contracts * Provides model documents of all types of legal documents and pleadings Reviews 200 terms of art that take on new meanings in legal contexts
Law

Developing Professional Skills

Civil Procedure

Author: Paula Schaefer

Publisher: West Academic Publishing

ISBN: 9780314279538

Category: Law

Page: 97

View: 4091

The Civil Procedure book in our Developing Professional Skills series -- used as a supplement to your regular text book -- makes it easy to integrate skills training into the civil procedure classroom. The book contains ten exercises designed to develop practice skills of legal drafting, client interviewing and counseling, negotiation, and advocacy. Students spend a manageable one to two hours on tasks including: interviewing a client and then drafting a short complaint; preparing an outline of key arguments supporting a motion to dismiss; negotiating the "clawback" of an inadvertently disclosed document; and drafting a statement of undisputed facts to support a summary judgment motion. Realistic pleadings, discovery, and other documents from the case file are included throughout the book. A comprehensive Teacher's Manual provides guidance and suggestions for expanding the classroom discussion to include professional responsibility concepts and the norms of modern legal practice.