Comparative Constitutionalism

Cases and Materials

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Author: Norman Dorsen,Michel Rosenfeld,Andras Sajo,Susanna Mancini,Susanne Baer

Publisher: West Academic Publishing

ISBN: 9780314290687

Category:

Page: 1750

View: 9363

This comparative constitutional law casebook offers a comprehensive and paradigmatic approach to the subject: it examines how the vast increase in international movements of people, capital, goods, ideas, and information affect politics in and beyond nation-states and how this influx affects the rule of law, separation of powers, and fundamental rights. Indeed, this casebook stands apart as it represents an international collaboration of legal scholars and allows for diversity of perspectives. Utilizing case excerpts from at least 40 countries across every continent, students will examine the assumptions, choices and trade-offs, strategies, and effects from decisions by constitutional courts and human rights tribunals throughout various legal systems and political contexts. Moreover, this book examines the different theories of constitutionalism and analyzes how constitutional democracies address similar issues in different institutional settings. This third edition includes new material that speaks to current issues of pressing importance: citizenship, transnational constitutionalism, authoritarian and illiberal constitutions, collective rights and minorities, Internet censorship, religion in the public space, mass surveillance, and targeted killings. Both teachers and students will appreciate the complete coverage of complex topics within a manageable size and format. A comprehensive teacher's manual accompanies the casebook.

American Criminal Law

Cases, Statutes, and Comments

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Author: Markus Dirk Dubber,Mark Kelman

Publisher: N.A

ISBN: 9781587787263

Category: Law

Page: 1120

View: 3799

This casebook presents up-to-date materials on the complex reality of modern American criminal law. It includes edited cases and statutes, substantial chapter introductions, and highlights on pedagogical approaches (e.g., rules v. standards). Organized with cross-references to highlight connections, clear conceptual structure, and consideration of Model Penal Code throughout. Cases on recent developments include sentencing guidelines, internet crime, white collar crime, drug offenses, possession offenses, hate crimes, victims' rights, state v. federal power, executive v. legislative criminal lawmaking, and the "war on terror." Also includes materials on common crimes such as shoplifting, traffic offenses, and collateral effects of drug convictions.

Entertainment Law

Cases and Materials in Established and Emerging Media

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Author: Sherri L. Burr

Publisher: West Academic

ISBN: 9780314184054

Category: Law

Page: 935

View: 6094

Entertainment Law: Cases and Materials in Established and Emerging Media is an exciting new book that contains cases, interviews with celebrities and other materials that educates its readers about the complicated entertainment business. To capture first-hand knowledge of the entertainment business, Burr has interviewed widely throughout the United States, Australia, England, Germany, Spain, and Switzerland. The celebrities featured in this book include Academy Award and Grammy winners, as well as best-selling authors and TV stars. It opens with a chapter on the globalization of the entertainment industry and explains how mastering U.S. entertainment law helps qualify lawyers to work abroad.

Conflict of Laws

Cases, Materials, and Problems

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Author: Laura E. Little

Publisher: Wolters Kluwer Law & Business

ISBN: 1454897767

Category: Law

Page: 1056

View: 821

In her casebook Conflict of Laws, now in its second edition, internationally respected teacher and scholar Laura Little offers a progressive, innovative approach to teaching complex material. She brings to the subject her drafting and advocacy expertise as the Associate Reporter for the Restatement (Third) Conflict of Laws, authorized by the American Law Institute in 2014. In a subject where there is plenty of room for debate and analysis, this casebook offers a contemporary alternative to the subject by connecting coverage of key concepts to law practice using modern cases and problem pedagogy. With its modular design, clear writing, comprehensive Teacher’s Manual and online support, the text is highly teachable and has proven a road-tested favorite with both students and professors. Key Features Entirely new domestic relations sections throughout the book in light of the U.S. Supreme Court’s Obergefell decision, including analysis of Supreme Court follow-up cases Detailed references to the proposed Restatement (Third), drawing from the author’s work as an Associate Reporter drafting and developing the new restatement of the law Streamlined personal jurisdiction section, presenting the recent U.S. Supreme Court cases in Bristol Myers Squibb and Daimler Updated international law material, including discussion of the new British Defamation Act (and its impact on libel tourism) and the European Union's elimination of exequatur for judgment recognition

Law and Religion

Cases and Materials

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Author: Leslie C. Griffin

Publisher: Foundation Press

ISBN: 9781599416489

Category: Political Science

Page: 785

View: 9095

The second edition continues the book's interdisciplinary approach to law and religion, including background materials about the religions involved in the cases and readings about comparative religion. The comparative law sections analyze international protection of religious freedom in comparison and contrast with U.S. law. The new edition features recent Supreme Court religion cases O Centro and Summum and considers lower court rulings in anticipation of cases currently before the Court, including the public cross case from California And The Hastings Law School Christian Legal Society case. A variety of state and federal cases addressing issues not resolved by the U.S. Supreme Court is also included. The relationship between science and religion receives extended treatment in Chapter 8. Updated treatment of RLUIPA is included in Chapter 4.

Constitutional Law

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Author: Erwin Chemerinsky

Publisher: Wolters Kluwer Law & Business

ISBN: 1454860596

Category: Law

Page: 1900

View: 3196

A leading fifth edition text by a prominent scholar, Constitutional Law, is known for its concise, yet comprehensive presentation. Professor Chemerinsky’s distinctive approach presents the law solely through case excerpts and his own essays, and with the author’s context and background information, the law becomes more readily understood. The text’s flexible organization accommodates a variety of course structures so that no chapter assumes that students have read preceding material. Finally, a complete Teacher's Manual and Annual Case Supplement round out this acclaimed Constitutional Law text. Features: Comprehensive coverage; accessible writing style Distinctive approach presents the law solely through case excerpts and author-written essays Provides context and background information Flexible organization—no chapter assumes that students have read other chapters Updated throughout; includes major new cases

Louisiana Law of Sale and Lease: A Precis, (2015)

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Author: Alain Levasseur,David Gruning

Publisher: LexisNexis

ISBN: 1632839555

Category: Law

Page: N.A

View: 2510

Focusing on Louisiana civil law as it applies to Sale and Lease, this convenient resource provides a basic understanding of the subject matter. The Precis format allows for brief, concise explanation of the main points of the civil law, and will prove to be a critical resource for Louisiana practitioners and law students alike. Features At-A-Glance: • Thoughtful yet practical analysis by premier scholars in the field • Convenient and portable softbound format • Appendices with pertinent articles from the Civil Code • Appendices of Illustrative Cases • Comprehensive Index This eBook features links to Lexis Advance for further legal research options.

Sex Equality

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Author: Catharine A. Mackinnon

Publisher: Foundation Press

ISBN: 9781609304560

Category:

Page: 1982

View: 4960

Sex Equality, third edition, comprehensively updates and analyzes the legal doctrine and social concept of sex equality in theoretical, comparative, international, historical, and social scientific context. Together with the relative situation of women and men, detailed attention is given throughout to racism, the treatment of Native peoples, economic class, sexual orientation, and transgender status. Centered on U.S. legal cases, the book maps and interrogates the traditional approach to sex discrimination based on sameness and difference and develops a theory of substantive equality based on hierarchy as well. Materials on race, work, education, athletics, and pregnancy are included. An updated chapter on burdens of proof equips the litigator with basic technical tools in critical perspective. Expanding sex equality concepts, including arguments gaining increasing recognition, the law of the family, rape, sexual harassment in work and education, gay and lesbian rights, reproductive issues including abortion and surrogacy, prostitution, and pornography are thoroughly explored in light of contemporary cultural, legal, and transnational developments and controversies. This volume provides detailed information on inequality between the sexes, an expert grasp of the legal and conceptual tools of sex equality in its manifold dimensions, and visions of future possibilities. This stimulating, flexible, up-to-the-minute treatment of a rapidly expanding and changing area--one of the most frequently litigated--provides an accessible basis for courses in law schools and undergraduate colleges by a widely recognized leading expert in the field.

Disability Rights Law

Cases and Materials

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Author: Samuel R. Bagenstos

Publisher: Foundation Press

ISBN: 9781609303532

Category: Law

Page: 881

View: 3514

This casebook focuses on the large issues of doctrine, theory, and policy that disability rights law raises in employment, government services, public accommodations, health care, housing, and education. This book focuses less on identifying "the rules" of disability rights law and more on exploring the big questions through longer excerpts from a smaller number of cases. It includes textual notes examining key theoretical and policy questions. New edition includes updated discussion of the ADAAA and new EEOC and DOJ regulations, deinstitutionalization litigation, standing and pleading requirements in public accommodations litigation, the implications of the Affordable Care Act, and other topics.

The Law of Patents

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Author: Craig Allen Nard

Publisher: Wolters Kluwer Law & Business

ISBN: 1454878878

Category: Law

Page: 1080

View: 2313

The Law of Patents, Fourth Edition is a comprehensive casebook on the law of patents that features helpful introductory text, technologically-accessible cases, detailed comments, comparative and policy perspectives, and statutes. Key Features of the New Edition: • Up-to-date Federal Circuit and Supreme Court case law, including Nautilus, Alice, Teva, Williamson, and Lexmark • Detailed substantive comments following the principal cases • More statistics and charts, particularly relating to USPTO decision making and PTAB inter partes review • Enhanced Policy and Comparative Perspectives

Military Justice: Cases and Materials

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Author: Eugene R. Fidell,Elizabeth L. Hillman,Dwight H. Sullivan

Publisher: LexisNexis

ISBN: 032717837X

Category: Law

Page: 1382

View: 710

Military Justice: Cases and Materials gives teachers a new and powerful tool to introduce students to military law while deepening their understanding of criminal law and procedure, comparative law, international law, and constitutional law. At a time when the tempo of military operations around the world seems to increase constantly and high-profile courts-martial dominate the headlines, this book gives students and teachers unprecedented the tools needed to analyze, understand, and evaluate worldwide military justice. With prosecutions arising from prisoner abuse, atrocities against civilians, and servicemembers' opposition to ongoing wars, the military justice system now has a prominence unmatched since the Vietnam era. This higher profile for courts-martial, combined with the difficult and fundamental legal issues raised by the military commissions, suggests that military courses will now be in great demand. This casebook provides the text for such a course. Its coverage of the U.S. court-martial and other systems of military criminal law provides a framework through which students can explore the role and operation of military justice within a democratic society. In an era of worldwide deployments, multi-national operations, and global terrorism, this book illuminates the interconnectedness of military justice systems through a far-ranging collection of judicial opinions, statutes, regulations, commentaries, and scholarship. While the materials presented draw heavily from the United States, most chapters also present materials from other jurisdictions to enhance students' appreciation of both the unique American experience and the availability of alternative approaches to military discipline, accountability, and punishment. International norms are also examined. Part I, Foundations, sets the stage by exploring the origins and purposes of military justice, pointing out the many sources of law that govern this area, analyzing the unique and critical role of the commander in military justice, and assessing professional responsibility rules for military lawyers. Part II, Principles, steps further into legal analysis to study the jurisdiction of military courts, identify crimes and defenses that apply only in a military context, and analyze the extent to which the obligations of military service alter the protection of fundamental rights. Part III, Trials, brings students into the court-martial to meet military judges, juries, and counsel and to study the rules of procedure, evidence, sentencing, and appeal. Part IV, Special Contexts, takes a broader approach to assess the challenges that a military justice system faces during combat and peacekeeping operations. This part also looks at the topic of military commissions. Part V, The Future, gives students a glimpse into the changes that lie ahead by focusing on the processes of legal reform and globalization.

Cases and Materials on Trade Secret Law

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Author: Elizabeth Rowe,Sharon Sandeen

Publisher: West Academic Publishing

ISBN: 9781634605922

Category:

Page: 680

View: 8018

This is the second edition of the first casebook in the United States devoted exclusively to trade secret law. As with the successful first edition, it is challenging yet user-friendly to students in order to facilitate their reading and understanding of the material. It is designed to be used by law students (and business students) with no prior background in intellectual property law. Due to the breadth of the subject matter, professors who teach trade secret law need not be intellectual property experts, but can specialize in a variety of fields, including employment law, torts, and unfair competition. The casebook also provides the context to re-teach and reinforce many of the basic concepts of law that students learned as 1L's, including tort law, contract law, property law, civil procedure, constitutional law, and criminal law. This new edition includes timely additions relating to the Defend Trade Secrets Act of 2016 (DTSA) and the EU Trade Secret Directive, two laws that went into effect in mid-2016, and which are certain to change the landscape of trade secret law in the United States and Europe. Unlike the only other existing casebook on the topic, this book continues to focus on and teach the predominant source of trade secret law in the U.S., the Uniform Trade Secrets Act (UTSA) as interpreted by courts throughout the U.S. The authors have made conscious and thoughtful decisions about the way in which the information throughout the casebook is presented and organized. The general organization of the casebook follows a logical analytical approach to understanding trade secret law with the chapters progressing from proving the essential elements of a trade secret claim to defensive tactics and remedies, managing trade secrets, and criminal actions. It also addresses employment, management, and international issues.

Corporations

A Contemporary Approach

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Author: Alan R. Palmiter,Frank Partnoy

Publisher: West Academic Publishing

ISBN: 9780314284044

Category: Law

Page: 1002

View: 7815

This book is an accessible text for a Corporation law course and one readily adaptable to a Business Associations course. The clear, accessible narrative that students love is now everywhere, not just in selected sections. A new and updated online companion site includes Power Points, class outlines, quizzes and other materials. The second edition includes key updates on cases and legal concepts, including Citizens United, Dodd-Frank and say-on-pay. The "other entities" materials are flexible so professors can customize, large or small.

Closely Held Business Organizations

Cases, Materials, and Problems

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Author: Robert A. Ragazzo,Frances S. Fendler

Publisher: West

ISBN: 9780314275806

Category: Law

Page: 1267

View: 3244

This is sill the only business organizations casebook to focus on closely held businesses, including agency, general partnerships, close corporations, limited partnerships, limited liability partnerships, limited liability companies, and other hybrid entities. Numerous problems throughout the casebook allow students to apply legal principles to new fact situations. The principal change in the new edition has to do with the LLC chapter, which now focuses on the most recent uniform LLC Act (as well as Delaware law). Everything else has been brought brought up to date. This includes material on the Model Business Corporation Act (which now speaks as of December 2010), Delaware law (which includes corporations, limited partnerships, and limited liability companies), and federal securities law (included in the public corporation supplement).

Evidence

A Context and Practice Casebook

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Author: Pavel Wonsowicz

Publisher: N.A

ISBN: 9781594605215

Category: Law

Page: 545

View: 9673

This casebook is designed to engage students with a wide range of learning styles and to explore evidence law from the eyes of an advocate. Through a problem-centered approach that focuses on the gray areas of the Federal Rules of Evidence, students will develop a heightened sensitivity to factual and legal arguments that govern the admissibility of evidence. This focus on legal argumentation allows students to actively cultivate an understanding of the legal doctrine behind the Federal Rules of Evidence as well as the role that facts and narrative play in legal reasoning. Exercises, visual aids, and video supplements in each chapter allow students to assess their learning.A single thread that runs through the book is video and case materials surrounding a North Carolina murder trial, State v. Peterson. The trial was memorialized in an award-winning documentary, The Staircase, directed by Jean-Xavier de Lestrade. The casebook follows the trial, including the strategies undertaken by counsel and the battles over evidentiary issues that shaped both sides' narratives in the trial. Video excerpts will be provided to the instructor to add a further dimension to student learning and to reach a broad array of learning styles.The Teacher's Manual will include pedagogical analysis, visual aids related to the text, questions and exercises designed to be used in or out of class, and video excerpts from The Staircase.This book is part of the Context and Practice Series, edited by Michael Hunter Schwartz, Professor of Law & Associate Dean for Faculty and Academic Development, Washburn University School of Law.

The Individual Tax Base

Cases, Problems and Policies in Federal Taxation

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Author: Laurie L. Malman,Linda F. Sugin,Lewis D. Solomon

Publisher: West Academic

ISBN: 9780314917522

Category: Law

Page: 613

View: 3502

This concise casebook distills the major themes of taxation. It offers well-developed problems and discussion questions in every chapter. The book is designed to help teachers and students make sense of both law and policy, and demands that students read the Code in addition to the text. Like the first edition, this edition develops a running analysis of income-tax and consumption-tax elements in the Code. It also focuses on the social policy effects of the tax law. The second edition is fully updated through the 2009 Stimulus Act.

Community Property in California

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Author: Grace Ganz Blumberg

Publisher: Wolters Kluwer Law & Business

ISBN: 1454874805

Category: Law

Page: 864

View: 5451

Written by a recognized expert on community property and family law issues in California, Grace Ganz Blumberg's comprehensive casebook prepares students for the California bar examination and equips them for California practice in the areas of divorce, decedents--estates, and debtor-creditor law. Community Property in California carefully balances cases, notes, questions, and problems for student comprehension. Because community property is a relatively narrow subject involving the interplay of state legislation and case law, the casebook is structured to encourage students to develop and refine their analytic skills and to enable professors to guide their students in doing so. Comparative text puts California law into context by including references to the Uniform Marital Property Act and the marital property chapter of the American Law Institute's Principles of the Law of Family Dissolution. Key Features: Recent developments in the law of transmutation including In re Marriage of Valli, which extended the reach of the transmutation statutes to spousal transactions with third parties, overruling prior case law. Resolution of the good-faith issue in putative spouse doctrine: A putative spouse need only have a subjective good faith belief that she is married. Ceja v. Rudolph & Sletten, Inc. Update on the constitutional right of same-sex couples to marry. Developments in judicial enforcement of the statutory disclosure rules at divorce.