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Contracts: Cases, Discussion, and Problems
Brian Blum and Amy Bushaw
2022
Casebook on the law of contracts; includes problems for students.
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Pacific Salmon Law and the Environment: Treaties, Endangered Species, Dam Removal, Climate Change, and Beyond (Tables and Preface)
Michael Blumm
2022
The law and policy of salmon protection and restoration are complex, and matters surrounding salmon implicate topics as varied as Indian treaty fishing rights, dam management and removal, international treaties, predator control, and climate change. Pacific Salmon Law and the Environment chronicles the diverse issues concerning salmon allocation, management, and restoration in the 21st century, providing the historical understanding necessary for an accurate perspective of the present-day problems salmon face. The book is a must-read for ecologists, biologists, attorneys, educators, activists, students, and others concerned about the fate of salmon in the Pacific Northwest in the climate-challenged 21st century. More information is at: https://www.eli.org/eli-press-books/pacific-salmon-law-and-environment-treaties-endangered-species-dam-removal-climate.
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Sacrificing the Salmon: A Legal History of the Decline of Columbia Basin Salmon (Full Text Part 2 of 2)
Michael Blumm
2022
Salmon remain the cultural and economic soul of the Pacific Northwest, a species whose very life cycle largely defines the region. At the center of the salmon region lies the Columbia River, which once supported the world's largest salmon runs and which now is home to the world's largest interconnected hydroelectric system. These massive federal and non-federal dams have devastated Columbia Basin salmon runs, some of which are now extinct, others are on life-support.
This book tells the story of the decline of the Columbia Basin salmon in the 20th century. But it begins earlier, with the signing of mid-19th century Indian treaties that promised the tribes the right of taking fish in return for ceding some 64 million acres of land to the onrushing United States. This treaty promise was actually the first in a series of promises that the salmon runs would be maintained. The book uses the promise metaphor to examine the state of salmon and surrounding legal and institutional environment over the last century-and-a-half. None of the promises have been fully kept.
Among ensuing promises was a false hope that a region-wide commitment to salmon hatcheries could replace salmon habitat lost to development, especially hydroelectric development. Another promise was the 1980 Northwest Power Act's restoration program, which once envisioned doubling Columbia Basin salmon runs. Failure of that promise led to ongoing and largely unsuccessful efforts under the Endangered Species Act (ESA) to conserve the dwindling salmon runs. The book is especially critical of ESA implementation, maintaining that the listing of salmon under the statute has done much more to change ESA administration than the ESA has done to revive the salmon runs. Other promises the book examines concern the 1985 Pacific Salmon Treaty with Canada, hydroelectric licensing under the Federal Power Act, and water quality protection under the Clean Water Act.
The book includes chapters on the judicial interpretation of Indian treaties, a history of dam building in the Northwest, the rise of ecosystem management planning, and the case for breaching four Lower Snake River dams. Concluding chapters examine the prospects for wild salmon runs in the 21st century and lessons from the decline of Columbia Basin salmon for other resources in other areas.
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Carceral Logics: Human Incarceration and Animal Captivity
Pamela D. Frasch
2022
Carceral logics permeate our thinking about humans and nonhumans. We imagine that greater punishment will reduce crime and make society safer. We hope that more convictions and policing for animal crimes will keep animals safe and elevate their social status. The dominant approach to human-animal relations is governed by an unjust imbalance of power that subordinates or ignores the interest nonhumans have in freedom. In this volume Lori Gruen and Justin Marceau invite experts to provide insights into the complicated intersection of issues that arise in thinking about animal law, violence, mass incarceration, and social change.
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Tax Issues For Immigrants
Sarah Lora, Robert G. Nassau, and Samuel Channing Rock
2022
Tax Issues for Immigrants introduces the reader to the basics of taxation for immigrants, their spouses, and their dependents, as well as immigration law as it intersects with tax law. Content includes recent changes to immigrants' eligibility for tax credits, identification numbers for taxpayers without Social Security numbers, and other considerations for noncitizens.
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An Advocate Persuades:
Joan Malmud Rocklin, Robert B. Rocklin, Christine Coughlin, and Sandy Patrick
2022
An Advocate Persuades introduces its reader to the role of the advocate and the tools of persuasion. This book, like its predecessor A Lawyer Writes, places the reader in the role of a first-year attorney. Now, that first-year attorney must draft a motion or appellate brief and then present an oral argument. With step-by-step explanations and numerous examples, An Advocate Persuades explains how to develop and refine trial-level and appellate arguments and then how to present those arguments orally. Speaking to its readers in a straightforward manner, An Advocate Persuades communicates both the theories and foundational skills of persuasion so that they will be retained for a lifetime of legal practice.
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Immigration and Citizenship: Process and Policy
T. Alexander Aleinikoff, David A. Martin, Hiroshi Motomura, Maryellen Fullerton, Juliet Stumpf, and Pratheepan Gulasekaram
2021
The Ninth Edition of this pathbreaking casebook continues its tradition of comprehensive coverage, with problems and exercises that allow students to hone skills as counselors, litigators, and policy advisors. These virtues have become especially important in light of the many changes to immigration and citizenship law since the Eighth Edition went to press in mid-2016. This new edition opens with a reworked foundational chapter that guides students through the casebook in two key dimensions: a basic framework for constitutional immigration law, and an overview of the core administrative law principles that recently have risen to prominence in the making of immigration and citizenship law. This Ninth Edition has thoroughly updated coverage of admissions categories, unauthorized migrants, admission procedures, detention, citizenship, removability, refugees and asylum, federal enforcement, and state and local measures. The treatment of every topic is streamlined, making for a slimmer volume. In each chapter, the Ninth Edition emphasizes both core and cutting-edge issues, while optimizing teachability for a wide variety of course settings.
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The Public Trust Doctrine in Environmental and Natural Resources Law
Michael Blumm and Mary Christina Wood
2021
The public trust doctrine (PTD), an ancient anti-monopoly precept of property law inherited from Roman and civil law, exists in every United States jurisdiction and several international ones. The PTD, originally concerned with navigation and fishing, has emerged as an organizing principle for natural resources management in the twenty-first century, for it posits government trustees as stewards for both present and future generations. This casebook examines the role of the public trust doctrine in managing waterways, wetlands, water rights, wildlife, the atmosphere, and uplands like beaches and parks. The materials are suited for either an upper-division environmental or natural resources law course or a seminar.
The third edition includes important new cases, including the Pennsylvania Supreme Court's landmark decision in Pennsylvania Environmental Defense Foundation v. Commonwealth, recognizing the inherent nature of the public trust doctrine in the state's constitution; the California Court of Appeal's decision in Environmental Law Foundation v. State Water Resources Control Board, extending the public trust to groundwater extraction; the North Carolina Court of Appeals' decision in Nies v. Town of Emerald Isle, recognizing the doctrine's application to North Carolina beaches, and others. It also includes a new chapter on atmospheric trust litigation, including Juliana v. United States, and a chapter compiling pioneering cases world-wide recognizing fundamental rights to ecology based on the public trust doctrine, rights of nature, and other emerging principles.
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Class Actions and Other Multi-Party Litigation In a Nutshell
Robert H. Klonoff
2021
Completely revised and up to date. Thoroughly covers federal class actions and other multi-party litigation, including case law, applicable rules and statutes, and important secondary sources. Covers all of the major topics of class action law and practice, such as commencement of a class action, requirements for class certification, class action discovery, notice to class members, opt-out rights, Seventh Amendment and due process issues, class settlements, remedies, appellate review, issue and claim preclusion, ethical issues, ADR, and third-party financing. Also contains a special focus on securities, mass tort, and employment discrimination class actions, as well as treatment of federal multidistrict litigation, defendant class actions, bankruptcy, joinder devices under the Federal Rules of Civil Procedure, and shareholder derivative suits. Explores the latest cutting-edge issues in multi-party litigation and discusses numerous ground-breaking court decisions. This latest edition also contains a detailed treatment of the 2018 amendments to the federal class action rule.
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Introduction to the Study of U.S. Law
Robert H. Klonoff
2021
This book is designed to introduce students to the highlights of the first-year curriculum at a U.S. law school. The first chapter provides an overview of the U.S. legal system. The seven chapters that follow focus on basic foundational subjects: constitutional law, civil procedure, contracts, torts, property, criminal procedure, and criminal law, each in a separate chapter. Although the first chapter consists entirely of articles and other commentary, the other seven chapters consist mainly of edited court decisions.
All of the chapters contain notes and questions, highlighting important issues for discussion and providing citations to cases, articles, and other materials for more in-depth study.
First, it is designed for international students who are attending a U.S. law school to pursue an LL.M degree or an S.J.D. degree. This book gives such students the opportunity to take an intensive course on U.S. law, thus enabling them to learn the fundamental concepts before taking upper-division courses.
Second, this book is designed for international students who want to learn about U.S. law but who are not planning to attend a U.S. law school. U.S. law professors can teach the course in foreign law schools using this text. Also, foreign professors who have been trained at a U.S. law school can teach U.S. law at their home institutions.
Third, the book is designed for undergraduate students who are considering law school or who otherwise want to learn basic legal concepts. Such a course could be taught by U.S. law professors at their undergraduate institutions.
All such students share a common desire to learn the basics of U.S. law in one course. And all will benefit not only from the substantive materials but also from the experience of learning core subject areas.
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Copyright in a Global Information Economy
Julie E. Cohen, Lydia Pallas Loren, Ruth L. Okediji, and Maureen A. O'Rourke
2020
Copyright in a Global Information Economy, Fifth Edition
provides both comprehensive topic coverage and integrated treatment of doctrinal, theoretical, international, and policy questions. It seamlessly facilitates a variety of teaching styles and preferences ranging from the more theoretical to the more practice-oriented. Each section includes practice exercises that enable students to apply what they have learned and to practice skills relating to advocacy, drafting, and client counseling.
New to the Fifth Edition:
- Updated and streamlined introductory materials on copyright’s context and justifications
- Revised coverage of doctrines relating to authorship and copying in fact to emphasize problems that arise in organizational settings
- Coverage of the Music Modernization Act of 2018 and its implications for the specialized system of music copyright rules
- New case law on the extent of online service providers’ duty to maintain and implement procedures for terminating accounts of repeat infringers
- Coverage of the European Union’s Digital Single Market directive and its implications for online service provider obligations to copyright holders
- Revised coverage of materials relating to termination of transfers to reflect current controversies
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Federal Multidistrict Litigation in a Nutshell
Robert H. Klonoff
2020
This text is for students taking courses in complex litigation, advanced civil procedure, or mass torts. It is also designed as a concise book for members of the bench and bar who are handling multidistrict litigation cases. Its focus is on all aspects of federal multidistrict litigation (MDL), including statistics on MDL cases; comparisons with other aggregation devices (such as class actions); the decision of the Judicial Panel on Multidistrict Litigation (the Panel) to centralize cases (including the standards for centralization and the selection of the MDL district court and judge); appellate review of Panel decisions; tag-along cases; the role of the MDL transferee judge (including case management, designating lead lawyers and committees, deciding motions, conducting bellwether trials, overseeing settlements, and awarding attorneys’ fees); choice-of-law issues in MDLs; personal jurisdiction and venue issues; remand of transferred cases; federal/state coordination (including state MDL statutes); and proposals for reform of MDL practice.
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Restatement of the Law, Copyright
Christopher Jon Sprigman, Daniel Gervais, Lydia Pallas Loren, R. Anthony Reese, and Molly Van Houweling
2020
This Restatement encompasses general copyright law. Its goal is to provide guidance to the courts in areas, including ones that have clear common-law origins, in which there is significant scope for judicial discretion.
The American Law Institute is the leading independent organization in the United States producing scholarly work to clarify, modernize, and otherwise improve the law. The Institute is made up of lawyers, judges, and law professors of the highest qualifications. It drafts, discusses, revises, and publishes Restatements of the Law, model statutes, and Principles of the Law that are enormously influential in the courts and legislatures, as well as in legal scholarship and education.
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Becoming a Legal Writer: A Workbook with Explanations to Develop Objective Legal Analysis and Writing Skills
Robin Boyle-Laisure, Christine Coughlin, and Sandy Patrick
2019
This workbook will help develop two essential lawyering skills: objective analysis and writing. Providing ample foundation in every chapter followed by exercises, Becoming a Legal Writer is designed to complement any legal writing book or be used as a stand-alone text for academic support or pre-law instruction. Students will learn fundamental lawyering skills such as formulating questions to ask clients upon intake, exploring research strategies into systems of law, developing critical reading skills for statutes and cases, briefing cases, extrapolating implicit and explicit rules, synthesizing rules, organizing and applying the law into objective written analysis, and polishing their writing.
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Animal Law: Cases and Materials
Bruce A. Wagman, Sonia S. Waisman, and Pamela D. Frasch
2019
Animal law is a rapidly growing field, appearing in law schools, courtrooms, and the media on a constant basis. The study of the law regarding animals combines a review of the statutory and decisional law in which the nature—legal, social and/or biological—of non-human animals is an important factor. Owing to the rapid growth in this field, the sixth edition has updates in almost every chapter, with new focus on cases involving animals in agriculture and the complex legal challenges to laws aimed at providing them with greater protections. In connection with that expansion, a new section addresses the growing advent of "ag-gag" laws and legal issues surrounding them. And the interplay of constitutional law and animal issues is further highlighted with discussion of recent cases and statutory developments.
This casebook continues to provide a detailed survey format that touches on many areas in which animals affect legal doctrines, case law, and legislative direction. Because animal law is not a traditional legal field, the book is largely framed according to traditional legal headings such as tort, contract, criminal, and constitutional law. Each chapter sets out cases and commentary in areas where animal law continues to develop its own doctrine.
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Victims in Criminal Procedure
Douglas E. Beloof, Paul G. Cassell, Meg Garvin, and Steven J. Twist
2018
In this revised fourth edition, the authors have updated the casebook in light of dramatic changes that have taken place in crime victims rights since the last edition. This book includes substantial revisions, including a new separate chapter on crime victim privacy issues. It also examines a new wave of expansive state constitutional amendments, known collectively as Marsy's Law, that expand victims rights and enforcement procedures in states such as California, Ohio, Illinois, and others.
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Federal Income Taxation of S Corporations
James S. Eustice, Joel D. Kunz, and John A. Bogdanski
2015
Federal Income Taxation of S Corporations provides comprehensive, up-to-date guidance on the election, operation, and termination of S corporation status. You’ll get the information you need concerning the federal tax regulations that govern S corporations, how the rules apply to daily business operations, and all relevant court decisions and Private Letter Rulings that could affect your business or your clients.
The authors, James S. Eustice, Joel D. Kuntz, and John A. Bogdanski, long recognized as authorities on federal income taxation, combine the highest level of tax analysis with practical guidance. They provide planning strategies, useful examples, and realistic solutions to every facet of the benefits and challenges that S corporations offer.
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Summary Judgment: Federal Law & Practice
Edward J. Brunet, John Parry, and Martin H. Redish
2014
Summary Judgment: Federal Law and Practice
provides all the guidance and information you need to make effective use of summary judgment. With it, master summary judgment law, practice, and tactics relating to:
- The role of summary judgment in the federal procedural system
- The concept of burden shifting
- The standard for awarding summary judgment
- Timing of summary judgment
You'll find coverage of the role of summary judgment in the federal procedural system and the expanding application of summary judgment to different types of cases, including cases involving:
- Employment law
- Civil rights
- RICO
- Patents
- Contract disputes
- Real estate ownership
- Libel
- Antitrust
- Administrative decision review
- Personal injury
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Global Labor and Employment Law for the Practicing Lawyer
Henry Drummonds
2010
The global labor markets require workable and predictable law, forums, and recognition of judgments for the enforcement of cross-border employment contracts. Global labor markets make traditional approaches outdated. Yet regulations in the EU now answer these questions for European postings, and provide a framework for building a predictable system generally in the emerging world-wide markets for labor. Party autonomy often controls, but yields to protective rules requiring application of the law of the place of labor regarding non-waiveable employment rights.
Traditionally, private international law affecting these questions found expression at the national or sub-national level. Choice of law rules in the UK might vary with those in Italy, and within the U.S., California and New York applied their own choice of law and choice of forum rules, albeit guided by the Restatements. The result has been a chaotic and unpredictable doctrinal framework variously described as “incomprehensible jargon” (William Prosser) and “gibberish” (Friedrick Juenger).
In Europe, building on an earlier Convention, the Rome I regulation (effective in 2009 and binding within the EU) generally adopts lex laborium for employment contracts, but allows party autonomy subject to non-waiveable employment rights in the place of work (“overriding mandatory provisions”). The Brussels I regulation (effective in 2002) sets forth rules for jurisdiction in EU cross-border disputes; an employer may be sued in the nation of the habitual place of work, in the EU nation in which it has a “branch, agency, or establishment,” or in which the employee is domiciled. The parties to an employment contract can chose a jurisdiction only after a dispute has arisen. Finally, under Brussels I, a judgment in any EU country “shall be recognized” in other EU nations without review of substance or jurisdiction.
In applying private international law to international labor markets the EU leads the way.
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Federal Practice and Procedure
Charles Alan Wright, Arthur R. Miller, and Robert H. Klonoff
2008
Wright & Miller's federal practice & procedure provides comprehensive and authoritative coverage on all procedural aspects of the practice of law before federal courts.
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Sacrificing the Salmon: A Legal History of the Decline of Columbia Basin Salmon (Full Text Part 1 of 2)
Michael Blumm
2002
Salmon remain the cultural and economic soul of the Pacific Northwest, a species whose very life cycle largely defines the region. At the center of the salmon region lies the Columbia River, which once supported the world's largest salmon runs and which now is home to the world's largest interconnected hydroelectric system. These massive federal and non-federal dams have devasted Columbia Basin salmon runs, some of which are now exinct, others are on life-support.
This book tells the story of the decline of the Columbia Basin salmon in the 20th century. But it begins earlier, with the signing of mid-19th century Indian treaties that promised the tribes the right of taking fish in return for ceding some 64 million acres of land to the onrushing United States. This treaty promise was actually the first in a series of promises that the salmon runs would be maintained. The book uses the promise metaphor to examine the state of salmon and surrounding legal and institutional environment over the last century-and-a-half. None of the promises have been fully kept.
Among ensuing promises was a false hope that a region-wide commitment to salmon hatcheries could replace salmon habitat lost to development, especially hydroelectric development. Another promise was the 1980 Northwest Power Act's restoration program, which once envisioned doubling Columbia Basin salmon runs. Failure of that promise led to ongoing and largely unsuccessful efforts under the Endangered Species Act (ESA) to conserve the dwindling salmon runs. The book is especially critical of ESA implementation, maintaining that the listing of salmon under the statute has done much more to change ESA administration than the ESA has done to revive the salmon runs. Other promises the book examines concern the 1985 Pacific Salmon Treaty with Canada, hydroelectric licensing under the Federal Power Act, and water quality protection under the Clean Water Act.
The book includes chapters on the judicial interpretation of Indian treaties, a history of dam building in the Northwest, the rise of ecosystem mangement planning, and the case for breaching four Lower Snake River dams. Concluding chapters examine the prospects for wild salmon runs in the 21st century and lessons from the decline of Columbia Basin salmon for other resources in other areas.
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U.S. International Taxation
Joel D. Kuntz, Robert J. Peroni, and John A. Bogdanski
1991
This three-volume set is updated three times per year. Your fastest research resource for any question on the complex and ever-changing area of international taxation. U.S. International Taxation quickly and efficiently delivers answers to any and all key questions concerning international taxation. The authors provide authoritative, in-depth, and practical analysis of the laws, regulations, treaties, and decisions governing U.S. taxation of U.S. persons with foreign income and foreign persons with U.S. income. U.S. International Taxation is organized on a transactional basis rather than by discrete points of law and covers the full scope of international taxation topics.
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