Complex Litigation

Problems in Advanced Civil Procedure
Author: Jay Tidmarsh,Roger Transgrud
Publisher: Foundation Press
ISBN: 9781599410654
Category: Law
Page: 305
View: 4383

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Thoroughly rewritten to account for important developments, the second edition explains the concepts of complex litigation and provides insights into the procedural techniques used to resolve intractable problems of large-scale litigation. Topics covered include aggregation (class actions, multidistrict litigation, and other devices), pretrial and trial, and remedial issues. The book helps students to review and study for courses in Complex Civil Litigation or Advanced Civil Procedure, and also serves as a reference book for students once they are in practice.

The Forms and Functions of Tort Law


Author: Kenneth S. Abraham
Publisher: West Publishing Company
ISBN: N.A
Category: Law
Page: 285
View: 1606

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The perfect accompaniment to any torts casebook, The Forms and Functions of Tort Law covers all the major cases and issues in the standard torts course, sharing Professor Abraham?s scholarly insights developed over 25 years of teaching. This analytical text addresses the cases and analyzes their implications, presenting the law of torts within a curricular context and covering the materials that law students are likely to encounter in a variety of courses. The straightforward, readable text in this paperback addresses both rules and policy and presents topics in a way that helps students grapple with the issues more effectively. Organized in the traditional manner, topics covered include intentional torts, negligence, cause-in-fact, proximate cause, defenses, strict liability, nuisance, products liability, damages, tort reform, invasion of privacy, defamation, misrepresentation, and the economic interference torts. Each chapter stands on its own, making the book ideal for use as a classroom text as well as for self-directed reading by students.

Civil Procedure


Author: Samuel Issacharoff
Publisher: N.A
ISBN: 9781683287063
Category: Civil procedure
Page: 260
View: 339

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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: 1. rudimentary fairness and the trade off between equity and efficiency; 2. defining the parameters of a dispute in terms of the presentation of issues and the obtaining of information; 3. defining the scope of the dispute in terms of parties, particularly as the judicial system confronts increasingly complex litigation; 4. defining the power of the courts; 5. securing finality; and 6. the costs of procedure.

Concepts and Case Analysis in the Law of Contracts


Author: Marvin A. Chirelstein
Publisher: N.A
ISBN: 9781609303303
Category: Law
Page: 258
View: 1243

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Recommended in more than 100 schools, the updated seventh edition of Concepts and Case Analysis in the Law of Contracts is a readable primer that offers first-year law students a reliable overview of the major themes and leading cases in the field of the law of contracts. This contracts primer is straightforward and uncluttered, covering the main themes of the first-year contracts course, together with related cases.

Complex Litigation

Cases and Materials on Advanced Civil Procedure
Author: Richard L. Marcus,Edward F. Sherman
Publisher: West Group
ISBN: 9780314147349
Category: Law
Page: 960
View: 9253

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Text is designed for an upper-level division course, and it serves as a useful source and reference book for students once they are in practice. In-depth coverage of the nature of complex litigation.

Examples & Explanations for Civil Procedure


Author: Joseph W. Glannon
Publisher: Wolters Kluwer Law & Business
ISBN: 1454894024
Category: Law
Page: 752
View: 7140

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"Study aid with examples-and-explanations pedagogy, focusing on the principles of civil procedure"-- Provided by publisher.

The Law of Property


Author: Christopher Serkin
Publisher: N.A
ISBN: 9781609300623
Category: Law
Page: 292
View: 7435

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The book supports and supplements students' understanding of property and its role in the law school curriculum. It provides a firm foundation for doctrinal analysis, but its emphasis is on those important concepts that illuminate the doctrine. The book therefore explores important insights from law and economics, philosophy, and history, helping students develop fluency in both the form and substance of mainstream arguments from these various perspectives. The book is organized around three main themes: acquiring property, dividing property, and limiting rights in property. It can be used in conjunction with any of the leading property casebooks.

Legislation and Statutory Interpretation


Author: William N. Eskridge,Philip P. Frickey,Elizabeth Garrett
Publisher: N.A
ISBN: 9781599410784
Category: Law
Page: 405
View: 6751

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Suitable for students or practitioners, this authoritative overview of the legislative process and statutory interpretation moves smoothly and understandably between the theoretical and the practical. You'll find in-depth discussion of such topics as theories of legislation and representation, electoral and legislative structures, extrinsic sources for statutory interpretation, and substantive canons of statutory interpretation. Reap the benefits of the authors' experience, opinions, and insight and gain a working knowledge of the area.

Acing Civil Procedure

A Checklist Approach to Solving Procedural Problems
Author: A. Benjamin Spencer
Publisher: N.A
ISBN: 9781628100419
Category: Law
Page: 220
View: 6739

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Moving beyond the outline format used by most students, this book uses a checklist format to lead students through the questions they need to ask and answer to fully analyze the legal questions they are trying to resolve. It assembles the different issues, presenting a clear guide to procedural analysis that students can draw upon when writing their exams. Other study aids provide sample problems, but this book offers a systematic approach to problem solving.

Civil Procedure Stories


Author: Kevin M. Clermont
Publisher: N.A
ISBN: 9781599413471
Category: Law
Page: 555
View: 8848

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This book is a collaborative effort by fourteen law-school professors to provide a deeper understanding of the great civil procedure cases. The professors each wrote a short chapter on one of the cases, retelling the cases in their own voice and by their own method. Each chapter has a fairly consistent structure, with separate sections on: social and legal background of the case; factual background of the case; lower court proceedings in the case; final appellate disposition, including issues, decisions, reasons, and separate opinions; factual postscript to the case; immediate impact of the case on the development of the law (why the case is famous and when it became so); and continuing importance of the case today (why it is still a leading case).The accompanying website, http://civprostories.law.cornell.edu, serves as a research tool for students, academics, and practitioners. The poste

Federal Corporate Taxation


Author: Howard E. Abrams,Richard L. Doernberg
Publisher: N.A
ISBN: 9781566626866
Category: Corporations
Page: 364
View: 6365

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Previous edition, 2nd, published in 1990.

Environmental Law and Policy


Author: James Salzman,Barton H. Thompson
Publisher: Foundation Press
ISBN: 9781609303051
Category: Law
Page: 372
View: 7232

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Environmental Law and Policy is a user-friendly, concise, inexpensive treatment of environmental law. Written to be read pleasurably rather than used as a dry reference source, the authors provide a broad conceptual overview of environmental law while also explaining the major statutes and cases. The book is intended for three audiences - students (both graduate and undergraduate) seeking a readable study guide for their environmental law and policy courses; professors who do not use casebooks (relying on their own materials or case studies) but want an integrating text for their courses or want to include conceptual materials on the major legal issues; and practicing lawyers and environmental professionals who want a concise, readable overview of the field. For the fourth edition, to provide students a deeper understanding of how environmental law works in practice, a new Chapter has been written on Enforcement. A series of problem exercises have been added throughout the book, describing a legal or policy conflict in detail and asking students to identify and assess solutions. The first part of the book provides an engaging discussion of the major themes and issues that cross-cut environmental law. Starting with the first chapter's brief history of environmentalism in America, the second chapter goes on to explore the importance and implications of basic themes that occur in virtually all environmental conflicts, including scientific uncertainty, market failures, problems of scale, public choice theory, etc. It then presents three dominant perspectives in the field that drive policy development - environmental rights, utilitarianism, and environmental justice. Chapter Three fills in the remaining legal background for understanding environmental protection, reviewing the theory of instrument choice, the basics of administrative law, core concepts in constitutional law (e.g., takings, the commerce clause), and the doctrines associated with how citizen groups shape environmental law (such as standing). Chapter Four examines the practice and policy of monitoring compliance and enforcing the law. The second part of the book examines the substance of environmental law, with separate sections on each of the major statutes. International issues such as ozone depletion and climate change are also addressed. These chapters build on the themes and conceptual framework laid down in the first part of the text in order to integrate the discussion of individual statutes into a broad portrait of the law. The third part of the book describes natural resources law, discussing endangered species conservation, wetlands protection, water and energy issues. Part four addresses environmental impact statements and the National Environmental Policy Act.

Materials for a Basic Course in Civil Procedure


Author: Kevin Clermont
Publisher: Foundation Press
ISBN: 9781634593090
Category:
Page: 1014
View: 393

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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.

Antifragile

Things that Gain from Disorder
Author: Nassim Nicholas Taleb
Publisher: Random House Incorporated
ISBN: 0812979680
Category: Business & Economics
Page: 519
View: 7178

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Shares insights into how adversity can bring out the best in individuals and communities, drawing on multiple disciplines to consider such topics as the superiority of city states over nation states and the drawbacks of debt.

Civil Procedure

Cases and Problems
Author: Barbara Allen Babcock,Toni M. Massaro,Norman W. Spaulding
Publisher: Wolters Kluwer Law & Business
ISBN: 1454888113
Category: Law
Page: 1400
View: 6973

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With lightly-edited cases, both classic and contemporary, and engaging hypothetical problems, the sixth edition of Civil Procedure: Cases and Problems promotes the analysis and understanding of both governing procedural rules and underlying doctrinal complexities. The casebook also emphasizes the social and economic contexts animating modern procedural problems and reforms as well as the constitutional dynamics underlying federal jurisdiction.

Developing Professional Skills

Civil Procedure
Author: Paula Schaefer
Publisher: West Academic Publishing
ISBN: 9780314279538
Category: Law
Page: 97
View: 9138

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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.

Mass Torts in Europe

Cases and Reflections
Author: Willem H. van Boom,Gerhard Wagner
Publisher: Walter de Gruyter GmbH & Co KG
ISBN: 3110349469
Category: Law
Page: 325
View: 8608

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In recent years, there has been a growing interest in the legal aspects of mass torts in Europe. This volume offers both a review of real-life cases of mass tort in Europe and an in-depth reflection on the broader implications of mass tort law. Thus, the challenges posed by mass torts are explored, mapped and analysed.

When Elections Go Bad

The Law of Democracy and the Presidential Election of 2000
Author: Samuel Issacharoff,Pamela S. Karlan,Richard H. Pildes
Publisher: N.A
ISBN: N.A
Category: Contested elections
Page: 187
View: 2711

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Federal Civil Procedure Logic Maps

A Collection of Logic Maps Designed to Assist in the Understanding of Federal Civil Procedure
Author: William M. Janssen
Publisher: West Academic Publishing
ISBN: 9780314285119
Category: Law
Page: 328
View: 5070

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This full-color book of Federal Civil Procedure logic maps, which supports any classroom text, is designed to provide visual aids including graphic and color cues to aid in the understanding and application of the Federal Rules of Civil Procedure. Visual references show the interplay among rules and subparts of rules. In some cases, applicable case law is also referenced. The book also contains the complete, and updated, Federal Rules of Civil Procedure as an appendix. The visual format provides a comprehensive overview, allowing students to review the subject quickly prior to final exams.