Traces the historical development of the community property concept. Also introduces basic classification principles, including limitations on the classification process. The remaining chapters deal with the consequences flowing from the classification of property as community or separate, including management and control rights and responsibilities, creditors' rights, and distribution of property on the termination of the community. Further ramifications and problems are explored in the notes to the cases.
This classic casebook on the California community property system contains carefully updated coverage of premarital agreements, transmutations, same-sex marriage, equal management and control, interspousal rights and remedies, and creditorsâe(tm) rights. Core chapters discuss the complexity that flows from classifying property as community or separate. Statutory provisions have been updated in the text and in the appendix. The teacherâe(tm)s manual has been completely revised.
Using the Examples & Explanations pedagogy and FITS (Funds, Intentions, and Title)--an original tool for understanding the complexities of California Community Property--Charlotte Goldberg presents an effective and timely overview of California's community property system. FITS (Funds, Intentions, and Title)--a class-tested, unique tool for determining, under California law, whether marital property is to be considered community or separate property The FITS acronym helps students to understand the roles that funds, intentions, and titles play in characterizing property as either separate or community the proven-effective Examples & Explanations pedagogy combines straightforward introductions with well-written examples and explanations that apply concepts, reinforce learning, and test understanding of material covered meticulous treatment of joint titles and reimbursement, featuring examples thoroughly illustrating all possible scenarios, including retroactivity coverage of tangible and intangible property, such as businesses, educational degrees, goodwill, and pensions premarital agreements and recent amendments to the Premarital Agreement Act Updated throughout and with many new examples, the Second Edition features: major developments regarding retroactivity of the Family Code--affecting premarital agreements, fiduciary duty, and domestic partnerships several new cases clarifying premarital agreements and fiduciary duty new case decision regarding celebrity goodwill coverage of Family Code §4 and §2640(c) Designed and written for the needs of students, Examples & Explanations: California Community Property, now in a Second Edition, combines the time-tested E&E pedagogy with a class-tested tool of analysis that makes an enormous difference in the depth and quality of students' understanding of California community property law.
Written by a recognized expert on community property and family law issues in California, Grace Ganz Blumberg's comprehensive casebook prepares students for the California bar examination and equips them for California practice in the areas of divorce, decedents--estates, and debtor-creditor law. Community Property in California carefully balances cases, notes, questions, and problems for student comprehension. Because community property is a relatively narrow subject involving the interplay of state legislation and case law, the casebook is structured to encourage students to develop and refine their analytic skills and to enable professors to guide their students in doing so. Comparative text puts California law into context by including references to the Uniform Marital Property Act and the marital property chapter of the American Law Institute's Principles of the Law of Family Dissolution. Key Features: Recent developments in the law of transmutation including In re Marriage of Valli, which extended the reach of the transmutation statutes to spousal transactions with third parties, overruling prior case law. Resolution of the good-faith issue in putative spouse doctrine: A putative spouse need only have a subjective good faith belief that she is married. Ceja v. Rudolph & Sletten, Inc. Update on the constitutional right of same-sex couples to marry. Developments in judicial enforcement of the statutory disclosure rules at divorce.
This advanced torts casebook covers all the major business and dignitary torts, including defamation, privacy invasions, disparagement, bad faith breach of contract, breach of fiduciary duty, conversion of economic values, interference with contract and economic opportunity, unfair competition, and others. It examines essential policy issues involving free speech, free competition, and the question whether contract trumps tort in commercial transactions. It also includes material on developing law, such as internet issues, SLAPP statutes and analogous free speech issues, and the Economic Loss Rule (or Rules).
A practical approach to Corporations featuring carefully edited cases, intriguing notes and questions, and exercises drawn from actual cases to create a practical and skills-driven approach to the study of the legal principles of business. Featuring: Each chapter includes all the landmark cases that students should be introduced to in a Corporations or Business Entities course Strong skills-driven exercises and questions (both litigation-based and transaction-based) the practical exercises give students a chance to simulate what lawyers do the exercises are drawn from actual disputes, particularly from material in the case's procedural history, publicly-available information about the dispute, and other information provided from the actual lawyers on the case Brief notes and questions after cases, including some with practice-orientation Diagrams, or Roadmaps are included to give students an illustrative snapshot of some of the toughest cases. This text obviates the need for law professors interested in skills training to rely on supplemental texts or creating their own materials Companion website that includes supplemental introductory cases (with notes and questions) to enable use of the casebook by MBA and undergraduate students
As companies and organisations increasingly operate across national boundaries, so the incentive to understand how to acquire, deploy and protect IP rights in multiple national jurisdictions has rapidly increased. Transnational Intellectual Property Law meets the need for a book that introduces contemporary intellectual property as it is practiced in today’s global context. Focusing on three major IP regimes – the United States, Europe and China – the unique transnational approach of this textbook will help law students and lawyers across the world understand not only how IP operates in different national contexts, but also how to coordinate IP protection across numerous national jurisdictions. International IP treaties are also covered, but in the context of an overall emphasis on transnational coordination of legal rights and strategies.
'This clearly-written and comprehensive text, by two leading scholars of European intellectual property law, is extremely adaptable. It is a perfect platform for classroom teaching, and is also a fine resource for those researching in what is becoming an increasingly complex field.' – Graeme B. Dinwoodie, University of Oxford, UK 'This hybrid volume, part commentary, part primary sources, with questions to stimulate further thinking, serves both as a teaching tool and as a manual for lawyers who seek a comprehensive overview of EU intellectual property law. The book aims at a generalist legal audience, with very a helpful précis of international law, including the major multilateral treaties, as well as a summary of the EU legal framework that non-Europeans will find highly useful. The authors explore the full range of traditional and emerging IP rights. They also provide in-depth analysis of remedies and of the international private law issues that increasingly arise in contemporary complex IP litigation.' – Jane Ginsburg, Columbia Law School, US The first of its kind, this textbook has been carefully designed to give students and non-specialist practitioners a clear understanding of the fundamentals of European intellectual property law. Providing a comprehensive overview of both community IP rights, and areas of IP law that have been harmonised, and supported by judicious use of extracts from the most significant source material, the book assists the reader in navigating through the increasingly complex European IP system. European Intellectual Property Law deals with European patent, trade mark and copyright law copyright, as well as with adjacent areas such as protection of plant varieties, geographical indications, industrial design, competition law, enforcement, and private international law, with a focus on the most relevant case law to be found in those areas. Key Features: • Written by two of the leading authorities in European IP law • Concise and readable style • Extracts from key source material • Questions designed to stimulate thinking around legal problems • Coverage of related areas adjacent to IP • Offers an overview on international IP protection and the interrelation between European law and IP law in general. This detailed book is designed for all courses on European intellectual property, whether basic or advanced, as well as for practitioners looking for a comprehensive and concise overview on the structure and content of European IP law.
This is the newest book in West's Global Issues series. It is a carefully condensed volume, designed to supplement constitutional law classes with international, comparative, and transnational law issues. It covers: constitutionalism, judicial review, horizontal and vertical separation of powers, and individual rights, including equal protection, due process, and free speech and religion. Professors can pick and choose among the topics, and the selections within the topics, inserting them as comparisons or elucidations in the core constitutional law courses. Carefully drafted note materials (and a teacher's manual) make the book self-contained, and easy to understand and introduce without additional background reading. This concise supplement expands the boundaries of the traditional constitutional law courses, presenting the world view that professors, students and lawyers practicing in the 21st century need to know.
This teachable casebook provides an introduction to the law and policy of modern communications. The book is organized by analytic concepts instead of current industry lines, which are constantly made out-of-date by technological convergence. The basic ideas--power, entry, pricing, access, classification, bad content, and intermediary liability--equip students with a durable and yet flexible intellectual structure that can help parse a complex and ever-changing field.This book includes concise technological and legal summaries and carefully edited opinions and FCC reports. It also includes "just-in-time" delivery of the text of statutes and regulations so that students get accustomed to parsing statutory material as they analyze legal questions.In this fifth edition, we have simplified wherever possible and minimized technological detail and regulatory history that were slowing down readers without sufficient pedagogical payoff.We hope to have created a comprehensive, challenging, yet accessible text that will pay long-lasting educational dividends. More information is available at the casebook's website: http://jerrykang.net/commlaw. Comments are always welcome.
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
Cases and Text on Property, Fifth Edition, preserves the character of its esteemed predecessors with: introductory chapters that unveil the important historical perspective that infuses the book as the authors put contemporary property law in historical context. classic cases and absorbing text that match the high standard of quality established by the late Casner and Leach. problems that are seamlessly integrated with cases and notes. a broad scope of coverage that ranges from interests protected as property, to title transfers, landlord and tenant law, housing discrimination, and land-use regulation. When you examine this masterful revision, you'll notice many important changes: new author team - Professors French, Korngold, and VanderVelde are eminently qualified to guide this exceptional casebook into the 21st century. complete updating - Revised coverage includes new forms of property rights, such as computer-related intellectual property, and property issues that arise out of the latest developments in biotechnology. new cases and problems appear throughout the book. improved organization - discrete chapters on water, oil, gas, and air rights from previous editions are now folded into chapters that encompass those topics; and material on deeds, mortgages, and title insurance can now be found in the chapter on closings
Black Letter Outlines are designed to help a law student recognize and understand the basic principles and issues of law covered in a law school course. Black Letter Outlines can be used both as a study aid when preparing for classes and as a review of the subject matter when studying for an examination. Each Black Letter Outline is written by experienced law school professors who are recognized national authorities in their subject area.