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Civil Procedure, a Modern Approach
Author: Richard Marcus, Martin Redish, Edward Sherman, James Pfander
Publisher: West Academic Publishing
ISBN: 1640201858
Pages: 1370
Year: 2018-06
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Since it first appeared, this casebook has sought to capture the evolving challenges of civil procedure in a way that engages students and fosters critical judgment on the underlying policy issues. The authors have closely monitored the evolution of procedure over this time, and adapted the basic structure of the book to take account of those changes. That evolution remains central to the seventh edition. The new edition retains the basic structure of the book, and a great deal of the existing superstructure of principal cases. It adds substantially revised text and note material to present contemporary issues in the context of those cases or new principal cases. The discovery chapter, for example, is infused with coverage of the 2015 rule amendments that have received so much attention. The personal jurisdiction chapter integrates the many recent Supreme Court decisions into the existing framework, conveying the developments that have occurred since the last edition appeared in 2013. The new edition also offers new principal cases to examine and illustrate a number of issues. A new Rule 19 case on required parties presents the contemporary issues in a setting likely to be interesting to many students. A new Internet jurisdiction case involves online payday lending, an example of the fast-moving world of Internet-based commerce. A recent supplemental jurisdiction case enables students to work through the application of § 1367 in a setting that also involves appreciation of various joinder concepts. A new class-action case presents the challenges of consumer class actions. New Supreme Court and other principal cases address issues of subject matter jurisdiction and appellate jurisdiction. As reflects contemporary litigation, intellectual property cases are more prominent than in previous editions.
Civil Procedure
Author: Allan Ides, Christopher N. May
Publisher: Aspen Publishers
ISBN: 1454806966
Pages: 1408
Year: 2012-01-01
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A narrative overview opens Civil Procedure: Cases and Problems with a hypothetical case that illustrates each of the major topics in the course. Subsequent chapters are similarly arranged--from finding a court that can obtain jurisdiction over the defendants, to the binding effect of a final judgment. Accessible--not simplified--introductions begin each chapter. Every section starts with relatively easy, rules-based material, and then moves on to more complex and subtle issues. Flexible organization allows chapters to be taught out of sequence. More than 230 up-to-date problems appear both within each section and as more comprehensive problems at the end of each chapter. Lightly edited cases develop first-year students' skills in doctrinal analysis. Here is an integrated approach to covering Alternative Dispute Resolution (ADR) and Rule 11 of the Federal Rules of Civil Procedure (FRCP). The Fourth Edition examines all of the important new Supreme Court decisions dealing with Civil Procedure from the October 2008, 2009, and 2010 terms, including cases on personal jurisdiction, Article III jurisdiction, and class actions. A complete overhaul and reorganization of the pleadings coverage reflects major developments generated by Bell Atlantic v. Twombly and Ashcroft v. Iqbal. Erie materials now include an optional--short version--that is teachable in approximately two class hours or less. Detailed coverage of e-discovery has been added to the chapter on discovery. A revised class action chapter includes thorough coverage of significant judicial opinions issued from the Supreme Court and lower federal courts. Detailed coverage of all amendments to the judicial code as enacted by the Federal Courts Jurisdiction and Venue Clarification Act of 2011 (jurisdiction, removal, venue, and transfer) are provided. The problems have been updated and revised for currency and teaching effectiveness; specifically, more factual details and structure have been added to the problems to make them even more effective teaching tools. The Fourth Edition is available in an e-version as well as print. Hallmark features: Narrative overview of civil procedure in first chapter, including a hypothetical case o illustrates each of the major topics in the course o arranged in the same order as the subsequent chapters o from finding a court that can obtain jurisdiction to the binding effect of a final judgment Section structure o begins with accessible, rules-based material o advances to complex and subtle issues Accessible but not overly simplified introductions for each chapter and section Flexible organization allows chapters to be taught out of sequence More than 230 up-to-date problems
Tort Law and Alternatives
Author: Marc A. Franklin, Robert L. Rabin, Michael D. Green, Mark Geistfeld
ISBN: 1634609085
Pages: 1337
Year: 2016
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Civil Procedure, a Modern Approach, 6th - CasebookPlus
Author: Richard Marcus, Martin Redish, Edward Sherman, James Pfander
Publisher: West Academic Publishing
ISBN: 1634595092
Year: 2013-05-20
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As a part of our CasebookPlus offering, you'll receive the print book along with lifetime digital access to the eBook. Additionally you'll receive the Learning Library which includes quizzes tied specifically to your book, an outline starter, and 12-month digital access to leading study aids and the Gilbert Law Dictionary. 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.
Learning Civil Procedure
Author: Jeffrey Stempel, Michael Kaufman
Publisher: West Academic Publishing
ISBN: 1683288629
Pages: 883
Year: 2018-04-11
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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.
Art, Cultural Heritage, and the Law
Author: Patty Gerstenblith
ISBN: 1611632048
Pages: 1146
Year: 2012
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"Art, Cultural Heritage, and the Law is one of the first and most comprehensive legal casebooks to address the rapidly emerging fields of art and cultural heritage law. It is also distinctive in its extensive use of an interdisciplinary approach and images to illustrate the artworks discussed in the legal materials. This book addresses artists' rights (freedom of expression, copyright, and moral rights); the functioning of the art market (dealers and auction houses, warranties of quality and authenticity, transfer of title and recovery of stolen art works, and the role of museums), and finally cultural heritage (the fate of art works and cultural objects in time of war, the international trade in art works and cultural objects, the historic, archaeological and underwater heritage of the United States, and indigenous cultures, focusing on restitution of Native American cultural objects and human remains, and appropriation of indigenous culture).The third edition retains the basic structure of the earlier editions while updating case law, policies and events. It includes cutting edge legal developments, such as the new decisions in the Fisk University dispute, Bakalar v. Vavra, and Cassirer v. Spain, United States ratification of the 1954 Hague Convention, restitutions of ancient art works from US museums to Italy and other countries, and application of museum policies. Expanded and updated treatment is given to art merchant practices, functioning of the art market, and the use of civil forfeiture to recover illegally imported cultural objects."
Constitutional Fate
Author: Philip Bobbitt
Publisher: Oxford University Press
ISBN: 0199878587
Pages: 304
Year: 1984-03-15
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Here, Philip Bobbitt studies the basis for the legitimacy of judicial review by examining six types of constitutional argument--historical, textual, structural, prudential doctrinal, and ethical--through the unusual method of contrasting sketches of prominent legal figures responding to the constitutional crises of their day.
Federal Rules of Civil Procedure and Selected Other Procedural Provisions
Author: Kevin Clermont
Publisher: Foundation Press
ISBN: 1683285085
Pages: 750
Year: 2017-04-03
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Updated to include the latest amendments and proposals, this statutory supplement provides the clearest and most useful collection of statutes and rules for courses in civil procedure-even including a sample set of local rules. The Supplement's unique organizational structure presents much information, but manages to do so without sacrificing a clean and usable presentation of the rules. A clever system of annotation succinctly explains amendments, and a separate presentation of the advisory committee notes now grouped by rule allows inclusion of red-lined versions of the rules, thus making the notes easy to understand and enabling reconstruction of the versions formerly in effect. This presentation reflects the fact that advisory committee notes are as important to a theoretical study of civil procedure as to a doctrinal or practical approach. Receive complimentary lifetime digital access to the eBook with new print purchase.
Zubulake's E-Discovery
Author: Laura A. Zubulake
ISBN: 0985064005
Pages: 230
Year: 2012-07
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"I was the plaintiff in a case that resulted in a historic jury verdict and a series of legal opinions that influenced the practice of law. In 2002 I filed discrimination and retaliation claims against my former employer, a multi-billion dollar Wall Street firm. Rather than settle, I decided to search for electronic evidence that I was led to believe did not exist. Years of searching for electronic evidence resulted tn the issuance of landmark legal opinions. Known as the Zubulake opinions, they established precedents in the area of elecronic discovery (e-discovery)...My case was never really about e-discovery; for me, it was always about the underlying allegations of unfair treatment..." My book "explains what really happened and how I did what I did. It is a story about perservance, vindication, accountability, and justice." --Back cover.
Electronic Discovery and Digital Evidence, Cases and Materials
Author: Shira Ann Scheindlin, Daniel J. Capra
Publisher: West Academic Publishing
ISBN: 1634592247
Pages: 1173
Year: 2015-06-12
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The third edition of the only comprehensive casebook on electronic discovery and evidence, authored by the field's leading authorities, incorporates the 2015 amendments to the Federal Rules of Civil Procedure; updates case law in the field; and expands discussions of cooperation, proportionality, social media, and professional responsibility obligations. Two new chapters have been added, one on the latest search techniques, including Technology-Assisted Review, that all lawyers must understand; and another on emerging issues with the surveillance, search, and seizure of electronically stored information by law enforcement in criminal cases. This casebook is a 'must' for any course in e-discovery, and an important resource for civil procedure, criminal law, evidence, and ethics courses.
Computer and Video Game Law
Author: Ashley S. Lipson, Robert D. Brain
Pages: 706
Year: 2009-01-01
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Fun and games have become serious business as evidenced by the rapidly expanding, multi-billion dollar, global computer and video game industry. The relatively new entertainment medium has been growing exponentially and so, too, have its legal difficulties. This new casebook, with its problems and exercises, deals with all aspects of this fascinating phenomenon, including: Product History and Development, Intellectual Property, Commercial Exploitation, and Regulation. The cases guide the reader down a colorful path of disputes involving such familiar hardware names and game titles as: Magnavox, Gameboy, Nintendo, Playstation, Pong, Pacman, Space Invaders, Tetris, Tomb Raiders, Frogger, Galaxian, Asteroids, Donkey Kong, Pete Rose Baseball and Doom. The casebook is suitable as a primary text for both classes and seminars.
Cases, Problems, and Materials on Contracts
Author: Thomas D. Crandall, Douglas J Whaley
Publisher: Wolters Kluwer Law & Business
ISBN: 1454876158
Pages: 1088
Year: 2016-09-27
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Cases, Problems, and Materials on Contracts is distinguished among other texts by its excellent organization and thorough coverage of the basic themes of contract law. The accessible, straightforward text begins with clear introduction to each section or concept. Carefully selected cases have been tightly edited for the best effect. Using an engaging problem-oriented approach, students learn contract doctrine by applying their knowledge to short, well-conceived hypotheticals. Offering a flexible organization, the book starts with “Offer and Acceptance” and moves on to “Consideration,” however, the book is designed so courses can easily start with “Consideration” or “Remedies.” Its flexibility allows for use in courses in which professors are required to teach sales, yet can also be adapted to avoid teaching the UCC. A manageable length accounts for the book being used in courses of 4, 5, and 6-hour length. The authors have worked closely on all chapters to deliver a seamless revision to this popular text. Key Features of the New Edition: The seventh edition begins with a new chapter containing an expanded introduction to the study of contracts law. Every chapter now includes new introductory material All chapters, with the exception of chapter one, end with an “Assessment” section, which consists of multiple choice questions and answers, designed to help the students review the material just learned.
I Know Why the Caged Bird Sings
Author: Maya Angelou
Publisher: Random House
ISBN: 030747772X
Pages: 288
Year: 2010-07-21
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Sent by their mother to live with their devout, self-sufficient grandmother in a small Southern town, Maya and her brother, Bailey, endure the ache of abandonment and the prejudice of the local “powhitetrash.” At eight years old and back at her mother’s side in St. Louis, Maya is attacked by a man many times her age–and has to live with the consequences for a lifetime. Years later, in San Francisco, Maya learns about love for herself and the kindness of others, her own strong spirit, and the ideas of great authors (“I met and fell in love with William Shakespeare”) will allow her to be free instead of imprisoned. Poetic and powerful, I Know Why the Caged Bird Sings is a modern American classic that will touch hearts and change minds for as long as people read. From the Paperback edition.
Domestic Relations, Cases and Materials
Author: Walter Wadlington, Raymond O'Brien, Robin Wilson
Publisher: Foundation Press
ISBN: 1634608852
Pages: 1178
Year: 2017-04-10
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The Eighth Edition progresses from the format of earlier editions by continuing to provide cases from state, federal and international courts that integrate the scope and dynamism of family law. There are references to uniform, state, federal and international code provisions and there is available a companion book offering additional statutes and uniform laws that may be integrated into the family law course. It incorporates problems to test students' understanding of the material, and it is compatible with courses of two, three, or four credits. Familiar topics of past editions have been retained and the cases and materials updated to include all of the changes that have occurred. Among the topics addressed are: Adoption of Same-Sex Marriage, Benefits and Parentage Opportunities Contemporary Challenges to Free Exercise Nonmarital Agreements, Pre and Postnuptial Agreements Assisted Reproductive Technology, Posthumous Conception, and Disposition of Embryos Division of Nonmarital and Marital Property upon Dissolution of Relationship Marital Support, Support for Children under Guidelines in Civil and Community Property Parental Custody of Children, Visitation, Relocation, Enforcement, and Modification Parental Rights of Nonmarital Partners Termination of Parental Rights, Reunification Services, and Adoption of Children and Adults
Tropic of Cancer
Author: Henry Miller
Publisher: Open Road + Grove/Atlantic
ISBN: 155584698X
Pages: 318
Year: 2007-12-01
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Now hailed as an American classic, Tropic of Cancer, Henry Miller’s masterpiece, was banned as obscene in this country for twenty-seven years after its first publication in Paris in 1934. Only a historic court ruling that changed American censorship standards, ushering in a new era of freedom and frankness in modern literature, permitted the publication of this first volume of Miller’s famed mixture of memoir and fiction, which chronicles with unapologetic gusto the bawdy adventures of a young expatriate writer, his friends, and the characters they meet in Paris in the 1930s. Tropic of Cancer is now considered, as Norman Mailer said, “one of the ten or twenty great novels of our century.”