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North Carolina Legal Research Guide - Second Edition

Scott Childs and Nick Sexton

This work is intended as a practical text for attorneys, law students, law librarians and other researchers, whether they are identifying the location and content of specific information sources or considering how researching that information fits into a broader process of legal research. Most chapters address a specific type of legal information such as statutes, cases or administrative law. Within that context, each chapter discusses the various sources of that information, the various formats available, and makes practical suggestions for using those sources to find relevant information.
Professional Responsibility in the Life of the Lawyer - First Edition

Judy Cornett, Carl A. Pierce, and Alex B. Long

This casebook follows the career path of a lawyer, introducing law students to the ethical issues they will encounter at each stage. From becoming a law student, to seeking admission to the bar, to acquiring clients and representing them, and then to their pursuit of mid-career opportunities and eventual retirement -- students are introduced to the rules of professional conduct and the law governing lawyers as they apply at each career stage. This casebook meets students where they are and presents the law of legal ethics in a logical sequence, enabling students to see how they will be impacted by the ethics rules throughout their careers.
Professional Responsibility in the Life of the Lawyer - Second Edition

Judy Cornett, Carl A. Pierce, Alex B. Long, Paula Schaefer, and Cassandra Burke Robinson

The condensed second edition of Professional Responsibility in the Life of the Lawyer introduces students to the legal and ethical issues they will encounter along their career paths. The law governing lawyers is presented at every career stage, from seeking admission to the bar, to acquiring clients and representing them in various practice areas, and then to the pursuit of mid-career opportunities and eventual retirement. In every chapter, students are placed in the role of lawyer and asked to solve realistic problems by applying professional conduct rules and other sources of law. The book’s “Profiles of Attorney Professionalism” introduce students to positive lawyer role models.
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
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.
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.
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.
Critical and Comparative Rhetoric: Unmasking Privilege and Power in Law and Legal Advocacy to Achieve Truth, Justice, and Equity

Lucille A. Jewel, Elizabeth Berenguer, and Teri McMurtry-Chubb

Through the lenses of comparative and critical rhetoric, this book theorizes how alternative approaches to communication can transform legal meanings and legal outcomes, infusing them with more inclusive participation, equity and justice. Viewing legal language through a radical lens, the book sets aside longstanding norms that derive from White and Euro-centric approaches in order to re-situate legal methods as products of new rhetorical models that come from diasporic and non-Western cultures. The book urges readers to re-consider how they think about logic and rhetoric and to consider other ways of building knowledge that can heal the law’s current structures that often perpetuate and reinforce systems of privilege and power.

Law library patrons can access this title through the link.
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.
Bankruptcy in Practice - Sixth Edition

George W. Kuney and Michael L. Bernstein

This Sixth Edition of Bankruptcy in Practice retains the accessibility and comprehensive approach of previous editions, but adds significant new material on such matters as subchapter V, third-party releases and much more. Since its inception, Bankruptcy in Practice has been a perennial best-seller, that rare book that is a core text in law school classrooms around the country, as well as a “must have” addition to every practitioner’s book-shelf. This edition continues that tradition, as it provides fresh perspectives on some of the most complex aspects of bankruptcy, a lifeline to demystifying the arcane rules of the bankruptcy road. Experienced counsel will also find it a refreshing read, not merely a reference to be consulted.
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.
A Transactional Matter: A Guide to Business Lawyering

George W. Kuney, Brian K. Krumm, and Donna C. Looper
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.
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.
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.
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.
Mastering Appellate Advocacy and Process

George W. Kuney and Donna C. Looper

Mastering Appellate Advocacy and Process clearly and concisely covers all aspects of appellate practice. The book first addresses appellate procedures in use across the United States, beginning with a compendium of federal and state appellate court systems, then covering preserving error below and on appeal, initiating an appeal, and compiling the record, as well as appealable orders and judgments, proper parties on appeal, and appellate jurisdiction. It then delves into legal analysis, drafting, and advocacy techniques used in preparing appellate briefs, as well as oral advocacy techniques in a discussion that is useful to both novice and experienced attorneys.

Written for practicing lawyers as well as students, the book also includes a chapter devoted to law school moot court competitions, identifying how typical moot court competitions are like, and unlike, real-world appellate practice. The authors delve into technical waters while maintaining an accessible tone and structure, taking nothing for granted in terms of pre-existing knowledge or experience in the appellate field. The second edition has been updated to reflect developments in appellate court systems and procedure, legal practice, research, citation, and technology.
Mastering Legal Analysis and Drafting

George W. Kuney and Donna C. Looper

Mastering Legal Analysis and Drafting seeks to emphasize the fundamental structure and methods of legal drafting, grounded in the surprisingly few elemental rules and techniques of legal analysis. It is designed to (1) help the legal drafters identify those elemental rules and techniques, and (2) show how they are used to prepare effective legal writing in different formats, most of which share common elements and structures.

The book begins with a discussion of legal analysis, followed by a discussion of general drafting principles and rules, and then proceeds to apply these concepts to specific forms of legal writing, including client letters, demand letters, research memoranda, motions and supporting documents, appellate briefs, contracts and instruments, and legislation. It closes with a chapter on "writing to build a record" that reprises the other chapters and highlights the key concepts.

The second edition has been updated to reflect recent developments in legal practice, research, citation, and technology.
A Civil Matter: A Guide to Civil Procedure and Litigation

George W. Kuney and Donna C. Looper
Understanding Corporate Taxation - Fourth Edition

Michelle Kwon and Leandra Lederman

This clearly written treatise is designed to make very accessible the complex subject of corporate taxation by using non-technical, straightforward language, charts, checklists, diagrams, and numerous examples to aid readers' understanding. The book starts with an introductory chapter that discusses the choice of business form; the general principle that corporate profits are subject to double taxation (once at the corporate level and again at the shareholder level); and the basics of anti-abuse rules, such as the step-transaction doctrine. Those anti-abuse rules are explored in more detail in a later chapter, as are proposals to partially or fully eliminate double taxation. The next several chapters are organized using a cradle-to-grave approach that traces the life cycle of a corporation, beginning with formation and capitalization and ending with corporate "death," liquidation. Between those events, the book discusses operational issues, including the capital structure of a corporation, distributions of cash or property, stock redemptions, and stock dividends. After corporate liquidations, the book explores more advanced topics, such as taxable stock or asset acquisitions; non-taxable corporate reorganizations and divisions; the carryover of tax attributes (such as net operating losses) following certain non-recognition transactions; and the treatment of corporate tax shelters. In addition, a chapter addresses the taxation of S corporations, which generally provides a single-tax paradigm. Understanding Corporate Taxation also includes discussion of relevant cases. It is designed to supplement any corporate tax casebook or to be used on its own.

Law library patrons can access this title through the link.
Professional wrestling and the law : legal battles from the ring to the courtroom

Alex B. Long

Written by a law professor (who also happens to be a wrestling fan), this book is an entertaining and informative exploration of legal cases involving professional wrestling. Relying upon judicial decisions and court documents, it discusses the legal theories and procedures involved in legal disputes involving professional wrestling and explores how the legal system--an institution devoted to arriving at the truth involved in any conflict--has dealt with the business of professional wrestling, a business with a long history of obscuring the truth. Topics include: the legal issues involved when a wrestler goes into the crowd and beats up a fan; Hulk Hogan's defamation lawsuit against World Championship Wrestling for statements made during a live pay-per-view event; and race and sex discrimination in professional wrestling.

Law library patrons can access this title through the link.
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.
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.
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.
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.