This book helps students learn how to think and act like administrative lawyers. The book's structure and contents reflect that most law school graduates do not become appellate judges; rather, most law school graduates have actual clients – either clients with matters before administrative agencies or clients who are themselves administrative agencies – on whose behalf they must identify the relevant law, learn the applicable agency procedures, and build a favorable record. The book begins by introducing the components of administrative law. Then it teaches students how to learn about an unfamiliar agency, how to analyze and research various types of agency action (e.g. agency rulemaking and adjudication), and how to obtain review of agency actions at the administrative and judicial levels. The book uses problems to provide a practitioner-focused approach to the subject. It also uses learning tools such as checklists and graphics. Of course, the book also includes excerpts of the major judicial opinions that make up the administrative-law canon.This book is part of the Context and Practice Series, edited by Michael Hunter Schwartz, Professor of Law & Associate Dean for Faculty and Academic Development, Washburn University School of Law.
This book serves as the perfect marriage between workers¿ compensation theory and practice. While the book covers most of the traditional areas of workers¿ compensation doctrine, it also dwells at strategic points to reflect upon the letter of the law. It dares to question doctrine and¿more importantly¿encourages even the beginning student of workers¿ compensation to do more than passively receive rules. The author draws on his real world experience as a former injured worker and workers¿ compensation attorney, and supplements that experience with his theoretical perspective as a teacher and scholar of administrative and employment law. The student is guided through cases by the use of probing introductory questions, reflection sections at the conclusion of many of the cases, and running commentary and ¿interrogation¿ by way of text boxes at critical junctures in the cases. The student becomes acquainted with a fictional injured worker, Ann Smith, early in the book and has the opportunity to reflect upon legally significant developments as her case becomes increasingly complex. In the final, problem-solving chapter titled ¿In the Law Office,¿ students are introduced to materials from actual cases, demonstrating even more concretely how the principles they are learning are applied in practice. The resulting product is a natural fit with other titles in the Context and Practice Series. Students are introduced to a body of law through explicit engagement with it, and through exercises and commentary meant to refine their understanding through contextual interaction with black letter rules.
In this new edition, author Steven J. Cann once again enlivens the topic of United States administrative law through the use of recent and "classic" legal cases to make it accessible and interesting to students. Administrative Law, Fourth Edition is an engaging casebook that presents a unique problem-solving framework that contrasts democracy with the administrative state. This novel approach places the often complex subject matter of U.S. administrative law into a more comprehensible context. The Fourth Edition has been completely updated and revised and includes many new cases to reflect changes in the law since the year 2000.
This book is designed primarily to teach models for analyzing administrative law problems. The modeling approach helps students understand the big picture of administrative government. At the same time, it sensitizes them to the need for a flexible, context-specific analysis of agency powers and duties. The book is based on validated adult learning theory. As such, it emphasizes development of professional skills and perspectives. It encourages this development by, among other means, using multiple methods of presenting the material; relating the material to students prior experience, and explaining the relevance of the material to future legal practice. The book uses federal administrative law as the organizing principle, but it also includes compilations of citations for the corresponding administrative law of selected states.
After your casebook, a Casenote Legal Brief is your most important reference source for the entire semester. Expert case studies and analyses and quicknote definitions of legal terms help you prepare for class discussion. Here is why you need Casenote Legal Briefs to help you understand cases in your most difficult courses: Each Casenote includes expert case summaries, which include the black letter law, facts, majority opinion, concurrences, and dissents, as well as analysis of the case. There is a Casenote for you! With dozens of Casenote Legal Briefs, you can find the Casenote to work with your assigned casebook and give you the extra understanding of all cases Casenotes in 1L subjects include a Quick Course Outline to help you understand the relationships between course topics.
After your casebook, Casenote Legal Briefs will be your most important reference source for the entire semester. It is the most popular legal briefs series available, with over 140 titles, and is relied on by thousands of students for its expert case summaries, comprehensive analysis of concurrences and dissents, as well as of the majority opinion in the briefs. Casenote Legal Briefs Features: Keyed to specific casebooks by title/author Most current briefs available Redesigned for greater student accessibility Sample brief with element descriptions called out Redesigned chapter opener provides rule of law and page number for each brief Quick Course Outline chart included with major titles Revised glossary in dictionary format
This authoritative casebook presents a comprehensive treatment of the doctrinal basis of administrative law that students need to know to practice competently and also a substantial development of the scholarly literature that has, from many perspectives, critiqued the existing law. The 11th edition continues the tradition of offering instructors a rich theoretical, historical and political context for the cases. At the same time, recognizing changing pedagogical demand, the book offers a leaner presentation of many topics and more cues for helping students navigate the book.
The second edition of this innovative administrative law casebook retains and enhances its unique features: Focus on five representative agencies to provide students with a more holistic understanding of agencies and provide context. Use of a consistent unit design that maximizes student learning and facilitates the use of the book with a wide variety of teaching styles, including traditional methods and the "flipped" classroom. Incorporation of cutting-edge cases and problems that focus on the practical application of administrative law doctrines. By focusing on five important and representative agencies (the EPA, NLRB, SSA, IRS, and FCC), the book addresses two key problems for teaching and learning administrative law: (1) students' lack of familiarity with agencies and what they do; and (2) the difficulty of understanding new and different agencies and their organic statutes for each new administrative law case. Extended treatment of these five agencies, including one chapter for each agency that focuses on the use of a particular kind of agency action (rulemaking, policymaking adjudication, mass adjudication, informal action, and enforcement) provides students with a more complete picture of what agencies do and how they do it. Because the principal cases and problems involve the same five agencies throughout the book, the need to learn about new agencies and understand new organic statutes is greatly reduced, enabling students and teachers to focus on the administrative law issues in the cases. The book uses a consistent "unit" format throughout. Each unit covers a particular topic and includes (1) a clear and comprehensive discussion of the basic doctrine governing the topic; (2) a principal case or cases to illustrate the application of the doctrine and highlight key issues; (3) a discussion of related matters to explore additional issues and connections between topics; and (4) a detailed administrative law problem requiring the application of the doctrine in context. This unique structure and design facilitates the use of the book with a variety of teaching methods, including the Socratic method, lecture and discussion, and the problem method. Because it combines clear exposition, illustrative principal cases, and comprehensive problems, the book is also an ideal tool for teachers who want to flip their classrooms. This unit structure also enhances the flexibility of the book, allowing teachers to select topics for coverage and determine the depth of coverage they wish to provide. The second edition has been thoroughly updated to include the most recent Supreme Court decisions and cutting-edge court of appeals decisions, streamlined to reduce length and improve focus, and revised to enhance its effectiveness as a teaching and learning tool.
For over two decades, Casenote Legal Briefs have helped hundreds of thousands of students prepare for classes and exams year after year with unparalleled results. Known throughout the law school community as high-quality legal study aids, Casenotes popular series of legal briefs are the most comprehensive legal briefs available today. With over 100 Casenotes published today in all key areas, ranging from Administrative Law to Wills, Trusts, and Estates each and every Casenote offers: professionally written briefs of the cases in your casebook coverage that is accurate and up-to-date editor's analysis explaining the relevance of each case to the course coverage built on decades of experience the highest commitment to quality And don't forget Aspen's other popular study aids: Click here to buy all your study aids
When you purchase a new version of this casebook from the LIFT Program, you receive 1-year FREE digital access to the corresponding Examples & Explanations in your course area. Now available in an interactive study center, Examples & Explanations offer hypothetical questions complemented by detailed explanations that allow you to test your knowledge of the topics covered in class. Starting July 1, 2017, if your new casebook purchase does not come with an access code on the inside cover of the book, please contact Wolters Kluwer customer service. The email address and phone number for customer service are on the copyright page, found within the first few pages, of your casebook. By using specific examples from locations across the country, authors Klein, Cheever, and Birdsong evoke the intensity of debate that arises out of disputes over natural resources. Creating context through a place-based approach, the authors illuminate policy and breathe life into statutory interpretation. Students from every part of the country will find something to relate to their own experience in the panoply of issues located in this casebook. Natural Resources Law: A Place-Based Book of Problems and Cases, Second Edition, features: broad national coverage that extends beyond traditional public lands topics illustrative examples that involve specific locations, often including a photo or map to create context interesting problems in each chapter, with rich fact patterns, that raise contemporary policy issues discriminating case selection that includes a mix of landmark and recent decisions relevant statutory and regulatory excerpts begin every chapter, eliminating the need for a statutory supplement consistent emphasis on primary sources throughout the text adaptable and teachable organization--readings are grouped into assignment-sized segments Updated throughout and with expanded geographic coverage, the Second Edition includes: extensive coverage of climate change, including Massachusetts v. EPA and discussion of adaptation/mitigation policy options new material on national energy policy, including its relationship to climate change and national security a new chapter on marine resources excerpts of recent case decisions NAHB v. Defenders of Wildlife (ESA and CWA delegation) Sierra Forest Legacy v. Rey (NEPA and logging challenge) Citizens for Better Forestry v. U.S. Department of Agriculture California ex rel. Bill Lockyer v. United States Department of Agriculture (Roadless Rule Challenge) Hicks v. Dowd (termination of conservation easements) Hage v. United States (regulatory taking of water rights) Rapanos v. United States (wetlands jurisdiction) ESA polar bear listing, new Forest Service planning regulations, wetland mitigation rule, and final CWA water transfer rule Now with a wider geographic scope in the Second Edition to include more of the eastern states, few casebooks in any subject offer more teaching support than Natural Resources Law: A Place-Based Book of Problems and Cases .
The Fifth Edition of this path-breaking course book maintains the organization familiar to its many users. Following an introduction to the history, institutional context and theory of administrative law, students are exposed to four main topics: the political control of administration by Congress and the Executive Branch; formal agency processes for lawmaking; adjudication and rulemaking; government access to and required disclosure of information; and judicial remedies for official illegality. Doctrinal analysis is enriched by case studies of the law in action in particular administrative contexts and attention to the deregulatory and devolutionary trends that are reshaping American Administrative Law.
Basic Tort Law: Cases, Statutes, and Problems, Second Edition, written by authors who bring years of experience teaching and writing about torts to the task, is concise, accessible, and employs a well-articulated and class-tested pedagogy. A torts book that doesnt hide the ball from students, both students and teachers will find it user-friendly. The new edition of this casebook retains the features that made it a success: clear, direct text introduces cases and explains important concepts a balance of modern and classic torts cases, including Vaughan v. Menlove (on standard of care), Vincent v. Lake Erie Transportation Co. (on doctrine of incomplete privilege), Greenman v. Yuba Power (on product liability) appealing, memorable problems based on actual reported cases that reinforce understanding and build analytical skills contemporary conception and content with the most current thinking on key issues ample background information that places cases and statutes in context varied note materials -- introductory and transitional notes that encourage close attention to cases and perspective notes that explore a range of viewpoints on tort law a comprehensive Teachers Manual that includes sample syllabi and guidance for structuring 4- and 6-credit courses, detailed suggestions for presenting and preparing cases and materials for class, and answers and analysis to all problems and questions raised in the book The second edition of this popular casebook provides updated material throughout the text illuminates the procedural posture of every case refreshes and updates case selection in a number of chapters, including those for standards of care, statutory violation, multiple sufficient causes, foreseeability as a proximate cause test, substantial factor as a proximate cause test, assumption of risk, and defamation supplies reworked notes and introductory sections, particularly for res ipsa loquitur, duty, and professional standard of care
This groundbreaking casebook offers a comprehensive survey of the legal history, theory, and practice of sexual harassment law, beginning with the passage of Title VII of the 1964 Civil Rights Act. The text explores topics including the intersection of race, gender, sexual orientation and class; the reasonable person's standard; comparisons to rape law; public policy considerations; investigations; remedial action; common defenses; and damages. Succeeding chapters introduce sexual harassment in schools under Title IX, in housing under Title VIII, and in other contexts, such as in prisons and the military. Part II emphasizes the practice of sexual harassment law, including aspects of civil procedure, evidence, administrative law, and alternative dispute resolution.Students learn to apply the substance of sexual harassment law as well as develop an appreciation of legal ethics through hypothetical scenarios based on actual practice dilemmas. Drobac brings the history and application of the law to life with excerpts of the senate confirmation hearings of Clarence Thomas, the Jones v. Clinton decisions, and media coverage and strategies of other high profile cases. This text is appropriate for large lecture class or seminar use by law and business school faculty, as well as by faculty in political science, legal studies, and feminist studies. A teacher's manual will be available.
Voting Rights and Election Law is a law school text book covering the law surrounding the electoral system. Coverage begins with voting qualifications and barriers to exercise of the franchise. The book covers the authority of the courts to remedy violations of the right to vote. Other topics include the One-Person/One Vote Doctrine under the Federal Constitution and the effects of the Voting Rights Act. The book also covers the role of political parties and term limits for federal and state office. Campaign finance and political speech each receive treatment. The book concludes with a chapter on methods for remedying errors in elections. In Chapter 1 students examine questions surrounding the constitutional right to vote and legislatures' power to restrict the classes of persons entitled to the franchise. The remainder of the text proceeds chronologically through the electoral process, from districting, with its issues of one person, one vote and the role of race under the Constitution and the Voting Rights Act; to the place of political parties in the electoral and constitutional structure; to limitations on ballot access; to the First Amendment's protection of political speech, including an in-depth treatment of campaign finance; to rules governing the voting process itself; to vote-counting; to remedies for elections that have gone wrong. Compared to other casebooks in the field, Voting Rights and Election Law emphasizes the texts of leading court opinions rather than commentary and political-science research. The book focuses on the legal principles and language adopted by courts in deciding election cases, rather than competing political theories about elections and democracy. Students are, however, encouraged through notes and questions to examine and question the empirical assumptions and theoretical premises behind the opinions.
Now there is a way to teach a comprehensive yet efficient course in employment law. By presenting a thematically and organizationally coherent view of employment law through the lens of private ordering, this refreshing new casebook avoids overwhelming students while enabling instructors to cover a wide range of content. The authors make their book accessible and teachable by: organizing the book around the theme of private ordering -- the rights and duties that flow between parties in an agreement -- and the laws that seek to balance contractual freedoms and market forces with countervailing social interests using this framework to comprehensively cover varied topics taught in the employment law survey course providing thorough thematic and doctrinal coverage of each area presenting cases that are rigorously edited for brevity but include detailed discussions of the facts using brief, accessible notes and questions to address the cases and stimulate critical thinking supplying problems and exercises that require students to apply the doctrine in a particular context and to think creatively about how to protect the interests of workers or their firms developing students' transactional lawyering skills -- such as planning, drafting, advising, and negotiating -- in the context of the employment relation The casebook is part of a complete teaching package that includes: a comprehensive Teacher's Manual that explains the selection of materials, discusses how the authors present the materials to their students, lists the questions they ask students, and provides answers and suggested comments for the problems and exercises in the book a helpful website -- updated monthly -- where professors and students will find newspaper and magazine stories, sample practitioner materials, new cases, updates, additional problems, PowerPoint slides, and employment law examinations
This book, now in its second edition, comments on fifty key judgments which the Court of Justice and the Court of First Instance have given on European Community environmental law. For each judgment, the facts and procedures are described, followed by an extract of the essential parts of the judgment and a commentary which places the judgment into its legal, environmental and political context and develops the lines of reasoning of the Court. The book will be of particular use to practitioners of national and Community environmental law, researchers, law students and administrators. It is written in a comprehensible style which also makes it a useful tool for non-lawyers who deal with European Community environmental law and policy.
This casebook is the first and only traditional law school casebook to cover the subject. It provides a comprehensive treatment of cases and materials before and after the U.S. Supreme Court’s landmark cases in District of Columbia v. Heller (2008) and McDonald v. Chicago (2010), which affirmed the constitutional right to private firearm possession and use, and made the right enforceable against the states. From days of Anglo-Saxon King Alfred’s militia in the eighth century through the latest cases on electric stun guns and 3-D printed firearms, this casebook covers all aspects of firearms law, policy, and regulation. Rather than looking at arms laws in isolation, the book pays careful attention to changing contexts in race, class, religion, technology, and politics. It is ideally suited to law school courses on firearms law, the Second Amendment, criminal law, jurisprudence and legal history. Key Benefits: Comprehensive coverage of all aspects of firearms law, from early English origins to present-day debates. Ideally suited for a dedicated law school course in firearms law and the Second Amendment. Supplemental materials on the website will provide a continuing research resource, tracking the most current developments in firearms law, regulation, and policy. Five online chapters on firearms and status, the philosophy of citizen arms bearing, international law, comparative law, and an in-depth explanation of firearm and ammunition functionality.