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Martha Stewart's Legal Troubles
Joan MacLeod Heminway
Heminway brings together essays written by legal scholars specializing in white collar crime, corporate law, and securities regulation concerning the varied legal claims made against Martha Stewart in connection with her sale of shares in ImClone Systems Incorporated in December 2001. The essays present interesting historical facts and analytical observations while raising important questions about the use of discretion in public enforcement proceedings (civil and criminal), the nature of independent directors under Delaware law, and the elements of two popular federal claims: obstruction of justice and securities fraud under Rule 10b-5.
"Law professors engaged with the doctrinal issues addressed in this volume are likely to find many points of interest in the various chapters… Altogether, it is good to have these law-focused articles on such a celebrated case bound together in a single volume." — Law & Politics Book Review
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Business Enterprises: Legal Structures, Governance, and Policy - Fourth Edition
Joan MacLeod Heminway, Douglas M. Branson, Mark J. Loewenstein, Marc I. Steinberg, and Manning Warren Gilbert III
Business Enterprises—Legal Structure, Governance, and Policy: Cases, Materials, and Problems contains material sufficient to educate an emerging lawyer to function in general business law practice in a transactional or advocacy-oriented setting. It provides comprehensive coverage of state and federal law and policy governing the legal structures through which business is conducted in the United States, principally including unincorporated and incorporated business entities, and covers foundational issues relating to agency and entity formation, corporate finance, internal governance, and legal liability to third parties.
Law library patrons can access this title through the link.
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Business Enterprises: Legal Structures, Governance, and Policy - Third Edition
Joan MacLeod Heminway, Richard M. Branson, Mark J. Loewenstein, Marc I. Steinberg, and Manning Gilbert Warren III
Business Enterprises: Legal Structure, Governance and Policy, Cases, Materials, and Problems contains material sufficient to educate an emerging lawyer to function in general business law practice in a transactional or advocacy-oriented setting. It provides comprehensive coverage of state and federal law and policy governing the legal structures through which business is conducted in the United States, principally including unincorporated and incorporated business entities, and covers foundational issues relating to agency and entity formation, corporate finance, internal governance, and legal liability to third parties.
Business Enterprises: Legal Structure, Governance and Policy, Cases, Materials, and Problems also covers fundamental state and federal rules governing corporate transactions and litigation and, in its final chapter, touchstone issues relating to the role of legal counsel in representing business enterprises. Importantly, the book focuses on privately held entities and also provides comprehensive coverage of the basics of public company theory, policy, law, and practice. Each chapter in the book begins with a title and a narrative that covers an introductory point or otherwise sets the stage for the materials that follow. Consideration is given to both legal analysis and practice issues. A number of chapters include significant descriptions of applicable theory and policy as framing devices for the chapter contents.
The materials in each chapter were selected to afford impressive coverage of business law basics (including, for example, fundamental corporate finance and takeover nomenclature and other information necessary to an understanding of transactional business law). Law review articles, glossaries, charts, and textual citations to statutes and other materials supplement the standard fare of case law. Moreover, in key areas of study, the text allows for a comparison of laws and practices in other countries with those of the United States. These parts of the book are especially important, since more and more students must handle international contracts, transactions, or cases in the early years of their practice. To reinforce key principles and analysis, the book includes notes and problems that permit the integration of concepts and foster applied skills.
This new edition of Business Enterprises: Legal Structure, Governance and Policy, Cases and Materials, and Problems, like the previous editions published in 2009 and 2012, has been carefully edited to enable instructors to teach most or all of the included topics and materials in a single-semester, four-credit-hour offering. Specifically, the third edition selectively adds new topics and materials, and updates the law in key areas—including by incorporating relevant references to the Dodd-Frank Wall Street Reform and Consumer Protection Act and the Jumpstart Our Business Startups (JOBS) Act.
Law library patrons can access this title through the link. The link will take you to the fourth edition of this title - click on prior releases and you will be able to access the third edition.
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Wills, Trusts, and Estates: An Integrated Approach
Michael J. Higdon, Danaya Wright, and Bridget Crawford
This casebook takes a new approach to teaching trusts and estates. The primary focus is on estate planning, rather than litigation, and starts by providing students with all of the major testamentary tools generally used today, including wills, trusts, powers, joint tenancies, life insurance, and other will substitutes. With the basic tools under their belt, students then turn to planning for the client, the spouse and children, future generations, and for tax minimization. The book also covers barriers to succession, such as the rule against perpetuities, slayer statutes, revocation, and litigation as well as professional responsibility. In addition to applying wills, trusts, and other tools in a holistic way to certain planning scenarios, the book focuses heavily on drafting in light of the myriad statutes that govern in this area. The book also takes a very different approach to presenting cases. Rather than including a few long and lightly-edited cases, the book instead relies on numerous case squibs that illustrate different factual scenarios for each legal issue, followed by the court’s decision and reasoning. This approach allows students to learn the range of issues and options that arise in this complex area of practice. The book also includes numerous statutes intended to illustrate the different state approaches to certain issues, using the UPC as the primary model. The authors likewise include practice points, tax tips, family factors, and technology trends, all of which are intended to prompt deeper discussion and further thought. Finally, there are extensive problems throughout the book, with the answers located at the back, so students can evaluate how they are progressing. The book has received rave reviews from students and faculty for its intuitive approach and holistic treatment of the subject.
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Experiencing Remedies
George W. Kuney
Experiencing Remedies is designed for the general 2L or 3L remedies class. It integrates skill-based exercises and problems within a traditional casebook framework. Each chapter is accompanied by a fact-specific problem that asks the student to apply the legal principles of the chapter to the facts involved to reach and defend a conclusion or course of action. The text, then, serves to survey the law of remedies and review many of the traditional 1L subjects in a new light while providing the opportunity for the instructor to engage the students in oral or written discussion of problem analysis and solving.
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Entrepreneurial Law - First Edition
George W. Kuney and Brian K. Krumm
This text is designed to provide insight into the transactional legal needs of the entrepreneur. It is written to provide both business and law students with a foundational understanding of the doctrinal areas of the law that impact the entrepreneurial endeavor. Substantively, coverage begins with taking the entrepreneur from the initial business plan through choice of business entity and corporate governance considerations. It then moves to address the use, analysis, and drafting of transactional documents typically used in the conduct of business. This is followed by chapters covering applied intellectual property law and protection of intellectual property. Coverage concludes with a focus on methods of financing the business entity.
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A Transactional Matter: A Guide to Business Lawyering
George W. Kuney, Brian K. Krumm, and Donna C. Looper
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Contracts: Transactions and Litigations - Fifth Edition
George W. Kuney and Robert M. Lloyd
This text covers the materials used in a two semester Contracts course and a Sales course covering U.C.C. article 2. It blends classic common law contract cases with 21st-century opinions and draws heavily upon the problem method of instruction. It compares and contrasts the common law of contracts, the Restatement of the Law Second–Contracts, and Uniform Commercial Code Article 2 rules, as well as the United Nations Convention on Contracts for the International Sale of Goods and the UNIDROIT Principles of International Commercial Contracts, and explores their evolution and application. It emphasizes the importance of context to the application of legal principles and discusses the overlap between the knowledge and skills of a litigator and those of a transactional attorney. The fifth edition includes updates covering further developments in the parole evidence rule and evolution of contract doctrine in the wake of technological progress in the twenty first century.
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Contracts: Transactions and Litigations - Fourth Edition
George W. Kuney and Robert M. Lloyd
This text blends classic common law contract cases with 21st-century opinions and draws upon the problem method of instruction. It compares and contrasts the common law of contracts, the Restatement of the Law Second―Contracts, and Uniform Commercial Code Article 2 rules, as well as the United Nations Convention on Contracts for the International Sale of Goods and the UNIDROIT Principles of International Commercial Contracts, and explores their evolution and application. It emphasizes the importance of context to the application of legal principles and discusses the overlap between the knowledge and skills of a litigator and those of a transactional attorney.
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Legal Drafting in a Nutshell - Fourth Edition
George W. Kuney and Donna C. Looper
Legal Drafting in a Nutshell, 4th Edition, provides guidance on producing transactional documents, contracts, instruments, legislation, and regulations that solve existing problems and prevent future problems. The book provides both a large scale, macro overview of the drafting process as well as small scale, micro focused discussion of the mechanics of legal documents at the sentence, word, and punctuation level. For this fourth edition, each chapter has been extensively updated to incorporate the current and developing perspectives regarding subjects like plain English, legal typography, and document preparation in the 21st century. This is especially the case in the sections of the text dealing with contracts and instruments, although it is true throughout the text. Legal drafting is as much a thought process as a writing process; clear thinking leads to clear drafting. This book is a guide for clear, structured thinking about drafting in order to provide readers with a structured process to follow when assembling useful legal documents.
Law library patrons can access through the link.
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Legal Drafting: Process, Techniques, and Exercises - Fourth Edition
George W. Kuney and Donna C. Looper
This text provides a comprehensive and flexible teaching instrument for any course in legal drafting covering contracts, instruments, and legislation. It contains text, examples, and exercises that deal with both contract and statutory drafting - making the text suitable for a general drafting course, or one that focuses on contracts and instruments or on legislation. Most of the chapters have an end-of-the-chapter exercise that tests the student’s knowledge of and ability to apply the materials. It also contains further drafting exercises that involve drafting or revising either specific provisions or entire contracts and statutes.
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Advanced Torts: A Context and Practice Casebook - Second Edition
Alex B. Long and Meredith Duncan
The second edition of Advanced Torts focuses primarily on tort theories that are not covered in significant detail in the standard first-semester Torts course, such as legal malpractice, defamation, invasion of privacy, interference with contractual relations, misrepresentation and related theories, bad faith claims, aiding and abetting liability, and misuse of the legal process.
This book is part of the Context and Practice Series, edited by Michael Hunter Schwartz, Professor of Law and Dean of the McGeorge School of Law, University of the Pacific.
Law library patrons can access this title through the link.
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Developing Professional Skills: Professional Responsibility
Alex B. Long and Paula Schaefer
The Professional Responsibility 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 professional responsibility 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:
- counseling a law student about bar admission;
- negotiating a sales agreement, consistent with ethical obligations to be honest in dealings with third parties;
- acting as bar counsel seeking discipline against an attorney for violating confidentiality obligations through online comments;
- preparing time entries in client billing statements that are consistent with a lawyer’s obligations to clients; and
- drafting an advance conflict waiver.
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Diminishing the Bill of Rights : Barron v. Baltimore and the foundations of American liberty
William Davenport Mercer
The modern effort to locate American liberties, it turns out, began in the mud at the bottom of Baltimore harbor. John Barron Jr. and John Craig sued the city for damages after Baltimore’s rebuilt drainage system diverted water and sediment into the harbor, preventing large ships from tying up at Barron and Craig’s wharf. By the time the case reached the U.S. Supreme Court in 1833, the issue had become whether the city’s actions constituted a taking of property by the state without just compensation, a violation of the Fifth Amendment to the U.S. Constitution. The high court’s decision in Barron v. Baltimore marked a critical step in the rapid evolution of law and constitutional rights during the first half of the nineteenth century.
Diminishing the Bill of Rights examines the backstory and context of this decision as a turning point in the development of our current conception of individual rights. Since the colonial period, Americans had viewed their rights as springing from multiple sources, including the common law, natural right, and English legal tradition. Despite this rich heritage and a prohibition grounded in the Magna Carta against uncompensated state takings of property, the Court ruled against Barron’s claim. The Bill of Rights, Chief Justice John Marshall declared in his opinion for the majority, restrained only the federal government, not the states. The Fifth Amendment, accordingly, did not apply to Maryland or any of the cities it chartered.
In explaining how the Court came to reject a multisourced view of human liberties—a position seemingly inconsistent with its previous decisions—William Davenport Mercer helps explain why we now envision the Constitution as essential to guaranteeing our rights. Marshall’s view of rights in Barron, Mercer argues, helped him navigate the Court through the precarious political currents of the time. While the chief justice may have effected a shrewd political maneuver, the decision helped hasten a reconceptualization of rights as located in documents. Its legacy, as Mercer’s work makes clear, is among the Jacksonian era’s significant democratic reforms and marks the emergence of a distinctly American constitutionalism.
Law library patrons can access this title through the link.
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Sound and Sense: a Text on Law and Literature
Jerry J. Phillips and Judy M. Cornett
This law school textbook is designed for use in a course on law and literature. The authors have included leading speeches, essays, stories, plays, and poems to present a broad spectrum of materials that focus on effective understanding and use of language. The book emphasizes classic works from Shakespeare, Milton, and The King James Bible, as well as works by African-American and Native American authors.
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Habeas Corpus: A Legal Research Guide
Nathan A. Preuss
This guide includes a brief overview of the history and development of habeas corpus, an annotated bibliographic guide to federal and state jurisdictions, and research strategies for locating relevant resources in various formats. The focus is primarily on U.S. jurisdictions, but also includes selected English and Commonwealth sources for historical development purposes. Part one describes U.S. federal habeas corpus, and part two focuses on state sources. Historical perspectives, possible claims, procedure, research strategies and other major themes are the basis for the general organization of each part.
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Beyond Elite Law: Access to Civil Justice in America
Joy Radice and Samuel Estreicher
Are Americans making under $50,000 a year compelled to navigate the legal system on their own, or do they simply give up because they cannot afford lawyers? We know anecdotally that Americans of median or lower income generally do without legal representation or resort to a sector of the legal profession that - because of the sheer volume of claims, inadequate training, and other causes - provides deficient representation and advice. This book poses the question: can we - at the current level of resources, both public and private - better address the legal needs of all Americans? Leading judges, researchers, and activists discuss the role of technology, pro bono services, bar association resources, affordable solo and small firm fees, public service internships, and law student and nonlawyer representation.
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America's New Destiny in Space
Glenn Harlan Reynolds
With private space companies launching rockets, satellites, and people at a record pace, and with the U.S. and other governments committing to a future in space, Glenn Harlan Reynolds looks at how we got here, where we're going, and why it matters for all of humanity.
Law library patrons can access this title through the link.
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An Army of Davids: How Markets and Technology Empower Ordinary People to Beat Big Media, Big Government, and Other Goliaths
Glenn Harlan Reynolds
There was a time in the not-too-distant past when large companies and powerful governments reigned supreme over the little guy. But new technologies are empowering individuals like never before, and the Davids of the world-the amateur journalists, musicians, and small businessmen and women-are suddenly making a huge economic and social impact.
In Army of Davids, author Glenn Reynolds, the man behind the immensely popular Instapundit.com, provides an in-depth, big-picture point-of-view for a world where the small guys matter more and more. Reynolds explores the birth and growth of the individual's surprisingly strong influence in: arts and entertainment, anti-terrorism, nanotech and space research, and much more.
The balance of power between the individual and the organization is finally evening out. And it's high time the Goliaths of the world pay attention, because, as this book proves, an army of Davids is on the rise.
Law library patrons can access this title through the link.
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The Judiciary's Class War
Glenn Harlan Reynolds
The terms “Front-Row Kids” and “Back-Row Kids,” coined by the photographer Chris Arnade, describe the divide between the educated upper middle class, who are staying ahead in today’s economy, and the less educated working class, who are doing poorly. The differences in education―and the values associated with elite schooling―have produced a divide in America that is on a par with that of race.
The judiciary, requiring a postgraduate degree, is the one branch of government that is reserved for the Front-Row Kids. Correspondingly, since the Warren era, the Supreme Court has basically served as an engine for vindicating Front-Row preferences, from allowing birth control and abortion, to marginalizing religion in the public space, to legislative apportionment and libel law, and beyond. Professor Glenn Reynolds describes this problem in detail and offers some suggestions for making things better.
Law library patrons can access this title through the link.
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The New School: How the Information Age Will Save America from Itself
Glenn Harlan Reynolds
Economist Herb Stein famously said that something that can't go on forever, won't. For decades now, America has been investing ever-growing fortunes into its K-12 education system in exchange for steadily worse results. Public schools haven't changed much from the late 19th century industrial model and as a result young Americans are left increasingly unprepared for a competitive global economy. At the same time, Americans are spending more than they can afford on higher education, driven by the kind of cheap credit that fueled the housing bubble. With college graduates unable to secure employment or pay off student loans, the real-world value of a traditional college education is in question.
In The New School, Glenn Harlan Reynolds explains how parents, students and educators can, and must, reclaim and remake American education. Already, Reynolds explains, many Americans are abandoning traditional education for new models. Many are going to charter schools or private schools, but others are going another step beyond and making the leap to online education over 1.8 million K-12 students already.
The New School does not prescribe a one-size-fits-all solution for education. Americans require a diverse system of innovative approaches each suited to a family’s needs and spending potential. But with the profusion of online education, school choice, and even a return to alternatives like apprenticeships and on the job training, Americans hold the power to lower costs and improve outcomes from the ground up.
Law library patrons can access this title through the link.
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The Social Media Upheaval
Glenn Harlan Reynolds
Social media giants are poisoning our journalism, our politics, our relationships and ultimately our minds. Glenn Reynolds looks at the up and downsides of social media and at proposals for regulation, and offers his own fix that respects free speech while reducing social media's toll.
Law library patrons can access this title through the link.
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Outer Space: Problems of Law and Policy
Glenn Harlan Reynolds and Robert Merges
This book examines the international and domestic American legal problems associated with activity in outer space from a strong policy perspective, with particular attention given to problems associated with space commercialization and with military activities in outer space. Outer Space: Problems of Law and Policy is indispensable as a casebook, reference, and self-teaching tool for students, practitioners, academics, and members of the aerospace industry.
Law library patrons can access this title through the link.
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Breaking Away: How to Regain Control Over Our Data, Privacy, and Autonomy
Maurice Stucke
Breaking Away sounds a warning call alerting readers that their privacy and autonomy concerns are indeed warranted, and the remedies deserve far greater attention than they have received from our leading policymakers and experts to date. Through the various prisms of economic theory, market data, policy, and law, the book offers a clear and accessible insight into how a few powerful firms - Google, Apple, Facebook (Meta), and Amazon - have used the same anticompetitive playbook and manipulated the current legal regime for their gain at our collective expense.
While much has been written about these four companies' power, far less has been said about addressing their risks. In looking at the proposals to date, however, policymakers and scholars have not fully addressed three fundamental issues: First, will more competition necessarily promote our privacy and well-being? Second, who owns the personal data, and is that even the right question? Third, what are the policy implications if personal data is non-rivalrous?
Breaking Away not only articulates the limitations of the current enforcement and regulatory approach but offers concrete proposals to promote competition, without having to sacrifice our privacy. This book explores how these platforms accumulated their power, why the risks they pose are far greater than previously believed, and why the tools need to be far more robust than what is being proposed.
Policymakers, scholars, and business owners, managers, and entrepreneurs seeking to compete and innovate in the digital platform economy will find the book an invaluable source of information.
Law library patrons can access this title through the link.
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