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Liberty, Equality and Due Process: Cases, Controversies, and Contexts in Constitutional Law
Ruthann Robson · CALI's eLangdell® Press · 2021
This Casebook is intended to be used in a course which concentrates on Constitutional Rights and centers the Fourteenth Amendment. It can be used in a first year Law School course with a title such as “Liberty, Equality, and Due Process,” as it is at CUNY School of Law, an upper division Constitutional Rights course, or an advanced undergraduate course focusing on constitutional rights, especially equality and due process. The Casebook begins with the threshold issue of “state action” which orients students to a basic but often under-taught principle of constitutional law. The Casebook then considers judicial review and constitutional interpretation. Chapters 3-6 center on equality, including slavery before the Reconstruction Amendments, equal protection for racial, gender, and other classifications, affirmative action, and fundamental rights in equal protection doctrine. Chapters 7-9 are shorter chapters that consider the Privileges or Immunities Clause, Incorporation of Bill of Rights provisions to the states, and the Second Amendment. Chapter 10 focuses on substantive due process, with Chapter 11 treating the “synergy” between due process and equal protection regarding fundamental rights. The brief last Chapter, Chapter 12, includes materials on state constitutional rights, which can be omitted or integrated into previous subjects.
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Intellectual Property: Law & the Information Society—Cases and Materials
James Boyle; Jennifer Jenkins · James Boyle, Jennifer Jenkins · 2016
This book is an introduction to intellectual property law, the set of private legal rights that allows individuals and corporations to control intangible creations and marks—from logos to novels to drug formulae—and the exceptions and limitations that define those rights. It focuses on the three graphmain forms of US federal intellectual property—trademark, copyright and patent—but many of the ideas discussed here apply far beyond those legal areas and far beyond the law of the United States. The book is intended to be a textbook for the basic Intellectual Property class, but because it is an open coursebook, which can be freely edited and customized, it is also suitable for an undergraduate class, or for a business, library studies, communications or other graduate school class. Each chapter contains cases and secondary readings and a set of problems or role-playing exercises involving the material. The problems range from a video of the Napster oral argument to counseling clients about search engines and trademarks, applying the First Amendment to digital rights management and copyright or commenting on the Supreme Court's rulings on gene patents.
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Ethics in Law Enforcement
Steve McCartney; Rick Parent · BCcampus · 2015
In this book, you will examine the moral and ethical issues that exist within law enforcement. This book will also familiarize you with the basic history, principles, and theories of ethics. These concepts will then be applied to the major components of the criminal justice system: policing, the courts, and corrections. Discussion will focus on personal values, individual responsibility, decision making, discretion, and the structure of accountability. Specific topics covered will include core values, codes of conduct, ethical dilemmas, organizational consequences, liability, and the importance of critical thinking. By the end of this book, you will be able to distinguish and critically debate contemporary ethical issues in law enforcement.
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Wetlands Law: A Course Source
Stephen Johnson · CALI's eLangdell® Press · 2024
This is the revised, fifth edition of The Wetlands Law Course Source. It can be used as the primary text for a two credit seminar or as a supplemental text to cover wetlands material in an environmental law, natural resources law, or water law course. In addition, the administrative law chapter can be used as a supplement in a range of administrative law-related courses, such as environmental law, health law, labor law, immigration law, and others, to introduce basic administrative law concepts. Unlike traditional casebooks or coursebooks, a “course source” includes resources to train students in all three apprenticeships identified by the Carnegie Foundation in its influential report on legal education, Educating Lawyers: Preparation for the Profession of Law. To address the knowledge apprenticeship, the Wetlands Law Course Source includes all of the traditional elements of a casebook or coursebook (cases, commentary, notes and questions) and includes several hypotheticals and problem exercises that focus on reinforcing wetlands law. In addition, as one of the many forms of summative and formative assessment included in the book, every chapter includes one or more CALI exercise as a “quiz” to reinforce the material covered in the chapter. To address the skills apprenticeship, the Wetlands Law Course Source includes sixteen separate legal research exercises, several drafting exercises, a negotiation exercise, and an interviewing and counseling exercise. To address the values apprenticeship, the Course Source includes several professionalism scenarios, with questions related to the scenarios. The Course Source also incorporates a wealth of audio/video materials and external links to bring the cases, disputes and materials in the book to life, including the audio for the oral arguments in most of the principal cases excerpted in the book, a Google map identifying the location of the properties involved in all of the principal cases excerpted in the book, decision docu
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The Law of Trusts
Browne Lewis · CALI's eLangdell® Press · 2013
The use of testamentary trusts is becoming an important part of estate planning. As a result, students who want to make a living as probate attorneys will need to know how trusts fit into estate planning. In addition, bar examiners realize that it is important for students to have a basic knowledge of trust law. That realization will result in bar examination questions that test that knowledge. This book is designed for use as a supplementary text for a course on wills and trusts and the primary text in a seminar or course exploring the law of trusts.
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The Story of Contract Law: Formation
Val Ricks · CALI's eLangdell® Press · 2021
This book, revised as the Third Edition July 2019, is designed to teach contract doctrine beginning with the most fundamental concepts and building on these until the structure of contract doctrine as coherent and cohesive regulation appears. The order of presentation is, in fact, the order in which contract doctrine developed historically, but it is also, in general, the order in which arguments are introduced in litigation. The book begins with the most basic, core concept of contract law—exchange. The book teaches exchange using simple cases drawn from the actual development of the exchange concept’s most obvious manifestation—the doctrine of consideration. These cases have basic but engaging facts. They do not take long to read, but they must be read carefully. They make an excellent introduction to law study. Logically, every doctrine of contract formation is centered on whether and when a fair exchange occurred. In litigation, the plaintiff alleges a promise and consideration—an exchange (a plausible one, and therefore fair enough at that point). Defenses to formation are a response to the allegation that a fair exchange occurred. Allegations of both promise and consideration show that the defendant assented. As between assent and exchange, exchange is the more fundamental concept, but because the law talks so often about assent, assent is covered at length afterward so that the function of the assent doctrines is apparent. Other doctrines, such as remedies (just an introduction in this first volume), waiver, seals, the Statute of Frauds, definiteness, and general public policy limitations are placed where students can best grasp their import in the context of the other doctrines. Along the way, most of the doctrines in the book are repeated in the cases, questions, or in class discussion. This repetition cements understanding, builds trust, and also allows students to see how the doctrines mesh together to regulate coherently.
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Law of Wills
Browne Lewis · CALI's eLangdell® Press · 2016
The purpose of this casebook is to train law students to think and act like probate attorneys. This book is meant to be used in conjunction with the author's book on the law of trusts. This book's focus is problem-solving and legal application; the book includes numerous problems, so law students can learn to apply the law they learn from reading the cases. It also contains collaborative learning exercises to encourage students to engage in group problem-solving. The book is divided into three parts to reflect the main types of issues that students will encounter if they practice probate law. The book's organization mirrors the manner in which probate law is practiced in the real world. The book starts with an examination of the intestacy system because the majority of people die without executing a will. Therefore, most of the legal issues a probate lawyer faces center around the intestacy system. Unlike the typical wills casebook, this book provides a detailed discussion of the intestacy system. A chapter on ethics is included because probate attorneys encounter ethical issues that are different from attorneys practicing in other areas of law. The second part of the book includes an exploration of the testacy system. It is arranged so professors can lead students from the client interview to the will execution. The first three chapters of this section deal with issues that directly impact the existence of the inheritance system. It analyzes a person's ability to control the disposition of his or her property after death. This serves as the students' first introduction to the power of the “dead hand”. These chapters are included to start a public policy discussion about the rights of the dead, the right of heirs, and the necessity of an inheritance system. I tell my students that, when executing a will, they must think of the ways that it can be contested. In addition, I tell them that a will can be contested on two fronts-an attack on the testator and an attack on
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Sources of American Law: An Introduction to Legal Research
Beau Steenken; Tina Brooks · CALI's eLangdell® Press · 2024
At its most basic definition the practice of law comprises conducting research to find relevant rules of law and then applying those rules to the specific set of circumstances faced by a client. However, in American law, the legal rules to be applied derive from myriad sources, complicating the process and making legal research different from other sorts of research. This text introduces first-year law students to the new kind of research required to study and to practice law. It seeks to demystify the art of legal research by following a “Source and Process” approach. First, the text introduces students to the major sources of American law and describes the forms the various authorities traditionally took in print. After establishing this base, the text proceeds to instruct students on the methods they will most likely use in practice, namely electronic research techniques and the consultation of secondary sources. Sources of Law incorporates screencasts currently hosted on YouTube that actively demonstrate the processes described in the static text. Finally, the text illustrates how the different pieces come together in the legal research process. Sources of Law focuses on realistic goals for 1Ls to learn in a relatively small amount of instruction time, and so focuses mainly on the basics. It does introduce some advanced material so that 1Ls can recognize pieces of information they may encounter in research, but it does not fully cover researching materials outside the scope of the traditional 1L course. As such, it is best-suited for introductory legal research courses for 1Ls. What's New in the Eighth Edition: The Eighth Edition primarily expands Chapter 9’s discussion of the research process to compare currently available legal generative AI tools to previously existing research tools such as secondary sources and electronic citators. That expansion also addresses some of the AI tools’ limitations and further discusses how thoughtful evaluation of available re
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Bankruptcy Law and Practice
Gregory Germain · CALI's eLangdell® Press · 2024
This is the Fifth Edition of Bankruptcy Law and Practice, a Casebook Designed to Train Lawyers for the Practice of Bankruptcy Law. It is designed for a one-semester course in debtor/creditor law and bankruptcy. The book deals with both creditor remedies and debtor protections, starting with state law collection remedies, exemptions, and the important special protections for secured creditors under both Article 9 of the Uniform Commercial Code and state real property recording acts. After a thorough review of state law debt collection practice, the book covers the basics of straight bankruptcy law with a focus on Chapter 7 of the Bankruptcy Code, both for individuals and businesses. Although the book has a practice focus, it covers the major Supreme Court cases (including those decided in June 2024), and important appellate cases with an emphasis on areas of uncertainty. The book also emphasizes the Bankruptcy Code itself, using problem sets to get students to work through the language of the Bankruptcy Code.
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The Ethics of Tax Lawyering
Michael Hatfield · CALI's eLangdell® Press · 2015
This chapter’s objective is to raise interesting tax ethics issues in practical contexts. There are 42 notes and questions to prompt and guide discussions, and primary source materials to inform the discussions (e.g., cases, IRC provisions, and Circular 230 excerpts).
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United States Trademark Law
eLangdell Press Editorial Staff · CALI's eLangdell® Press · 2014
This Intellectual Property Supplement from eLangdell Press contains the text of federal laws and regulations in the area of copyright, trademarks and patents. The editors have endeavored to gather all relevant laws, rules and regulations. This collection is intended to be used primarily as a statutory supplement for law students and legal scholars in academic settings, although practitioners in this area of law will also find it useful. This volume, Volume III: Trademark Statutory Law contains Chapter 22 of Title 15 of the United States Code as it appears on the most current edition available on the U.S. Government website FDSYS. Updates to the U.S. Code not yet found in the FDSYS published editions can be found in the United States House of Representatives Office of Law Revision Counsel's Classification Tables. Some formatting modification has been performed to better accommodate electronic readers.
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United States Patent Law
eLangdell Press Editorial Staff · CALI's eLangdell® Press · 2014
This Intellectual Property Supplement from eLangdell Press contains the text of federal laws and regulations in the area of copyright, trademarks and patents. The editors have endeavored to gather all relevant laws, rules and regulations. This collection is intended to be used primarily as a statutory supplement for law students and legal scholars in academic settings, although practitioners in this area of law will also find it useful. This volume, Volume 2: Patent Statutory Law contains the text of Title 35 of the United States Code as it appears on the most current edition available on the U.S. Government website FDSYS. Updates to the U.S. Code not yet found in the FDSYS published editions can be found in the United States House of Representatives Office of Law Revision Counsel's Classification Tables. Some formatting modification has been performed to better accommodate electronic readers.
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United States Copyright Law
eLangdell Press Editorial Staff · CALI's eLangdell® Press · 2014
This Intellectual Property Supplement from eLangdell Press contains the text of federal laws and regulations in the area of copyright, trademarks and patents. The editors have endeavored to gather all relevant laws, rules and regulations. This collection is intended to be used primarily as a statutory supplement for law students and legal scholars in academic settings, although practitioners in this area of law will also find it useful. This volume, Volume 1: Copyright Statutory Law contains the text of Title 17 of the United States Code as it appears on the most current edition available on the U.S. Government website FDSYS. Updates to the U.S. Code not yet found in the FDSYS published editions can be found in the United States House of Representatives Office of Law Revision Counsel's Classification Tables. Some formatting modification has been performed to better accommodate electronic readers.
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Introduction to Criminal Law
University of Minnesota Libraries Publishing · 2015
Criminal Law uses a two-step process to augment learning, called the applied approach. First, after building a strong foundation from scratch, Criminal Law introduces you to crimes and defenses that have been broken down into separate components. It is so much easier to memorize and comprehend the subject matter when it is simplified this way. However, becoming proficient in the law takes more than just memorization. You must be trained to take the laws you have studied and apply them to various fact patterns. Most students are expected to do this automatically, but application must be seen, experienced, and practiced before it comes naturally. Thus the second step of the applied approach is reviewing examples of the application of law to facts after dissecting and analyzing each legal concept. Some of the examples come from cases, and some are purely fictional. All the examples are memorable, even quirky, so they will stick in your mind and be available when you need them the most (like during an exam). After a few chapters, you will notice that you no longer obsess over an explanation that doesn't completely make sense the first time you read it—you will just skip to the example. The examples clarify the principles for you, lightening the workload significantly.
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A Guide to Writing in Law School
Steven Tudor; Stephanie Falconer · Council of Australian University Librarians · 2024
A Guide to Writing in Law School is intended to help law students to develop their writing skills. Writing clearly and effectively is a vital legal skill. Lawyers use this skill daily. Law graduates need, therefore, to have a solid competency in clear and effective writing. This book aims to help students improve their writing by presenting various pieces of advice, tips, warnings and encouragement. It contains general chapters on planning, clear writing, and acknowledging your sources, as well as dedicated chapters on some of the specific writing tasks that law students undertake: case briefs, legal problem-solving, essays, and law reform submissions. With effort and practice, virtually everyone can improve their writing. A Guide to Writing in Law School is not only for students having particular difficulties. Those who already write well will find ideas here that will help them become even better writers.
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InfoTech Governance, Policy, Ethics & Law
David Tuffley · Council of Australian University Librarians · 2025
A comprehensive guide to IT governance, policy, ethics and law for students, practitioners and researchers. Covers the latest developments and best practices in the field, with a focus on the ethical, legal and social implications of IT. The textbook is divided into nine chapters, each covering a key topic in IT governance, policy, ethics and law.
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Indigenous Perspectives on Business Ethics and Business Law in British Columbia
Annette Sorensen; Scott van Dyk · BCcampus · 2022
This book explores business ethics and business law through the lens of Indigenous-settler relations in Canada (with a focus on British Columbia in particular). It aims to fill a gap in business curriculum and support instructors who want to bring Indigenous content into their classes. The book starts by exploring relevant history, focusing on treaties, legislation, and federal government policy. It then looks at business ethics and what it means for businesses to work ethically with Indigenous communities. And finally, the book discusses business law and the requirements and responsibilities for businesses doing work on Indigenous lands.
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Business Law, Ethics, and Sustainability
Andrew Hosmanek; Brendan Smith; Michael Dayton · OpenHawks OER · 2023
Business Law, Ethics, and Sustainability is a textbook for undergraduate law courses. It covers business law topics such as contracts, business organizations, employment law, and torts, as well as a general survey of American law. Additional topics include Constitutional law, civil rights, environmental law, criminal law, and litigation.
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Law of Commercial Transactions
Don Mayer; Daniel Warner; George Siedel; Jethro Lieberman · Saylor Foundation · 2012
Law of Commercial Transactions is an up-to-date textbook that covers legal issues that students who engage in commercial transactions must understand. The text is organized to permit instructors to tailor the materials to their particular approach. The authors take special care to engage students by relating law to everyday events with their clear, concise and readable style. After introductory chapters covering the legal environment of business, Law of Commercial Transactions provides students with context and essential legal concepts relating to key commercial transactions topics: contracts, sales, commercial paper, debtors and creditors. The text provides the vocabulary and legal savvy students will need to talk in an educated way to customers, suppliers, creditors, government regulators and other stakeholders — and to their own lawyers.
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Law for Entrepreneurs
Don Mayer; Daniel Warner; George Siedel; Jethro Lieberman · Saylor Foundation · 2012
Law for Entrepreneurs is an up-to-date textbook that covers the broad spectrum of legal issues that entrepreneurs must understand when starting and running a business. The text is organized to permit instructors to tailor the materials to their particular approach. The authors take special care to engage students by relating law to everyday events with their clear, concise and readable style. After introductory chapters covering the legal environment of business, Law for Entrepreneurs provides students with context and essential legal concepts relating to contracts, product liability, intellectual property, insurance, agency law, partnerships, corporations, and employment law. The text provides the vocabulary and legal savvy that entrepreneurs need to talk in an educated way to customers, suppliers, employees, creditors, shareholders, government regulators and other stakeholders — and to their own lawyers.