This case book is a tightly organized, manageable volume with emphasis on engaging, well-edited cases, useful notes, and crisp textual analysis. An introductory chapter, which now contains the Kelo case, examines property law's scope and position in the U.S. legal system. The next chapter on landlord-tenant law is accessible for first year law students, providing a challenging forum for discussion of the interplay among the common law of property, statutes, and contractual undertakings. Subsequent chapters deal with personal property, the variety of interests in real property, real estate transactions, attributes of landownership, and how municipal/state government controls private land use.
This law school casebook provides updated and revised materials on property rights. Included are materials on human embryos and human body parts, updated materials on gifts, including gifts of engagement rings, as well as updated materials on tenancy by the entirety. Readers will also find completely revised and updated coverage of the law of takings and zoning, including all Supreme Court decisions through 2002, and expanded and updated coverage of the law of housing discrimination, with increased attention to state and local law issues, as well as handicapped and age discrimination under the federal Fair Housing Act.
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.
Islamic Property Law is the first casebook of its kind to offer Islamic law training to American law students in the comparative case-method style of learning. The several areas of law covered under the umbrella of Property are developed through translations of classical Islamic law texts in conjunction with English and American cases on the same subjects. The materials are sufficiently detailed to provide the type of sophisticated analysis with which law professors and students are familiar. Although the focus is on Islamic property law, the course also covers areas is torts, contracts, criminal law, wills and trusts, constitutional law, and jurisprudence, insofar as these areas touch on property. In this way the book also satisfies the tradition of comparative law casebooks that are comprehensive in coverage. Readers should gain a sound understanding of property law in classical Islam and an enhanced understanding of property law in the United States.
A forward-looking casebook, Family Property Law focuses on new themes in family property law in the areas of wills, trusts, estates, and probates. The book recognizes the reform-minded nature of the current era of family property law, including its changing notions of family and society, The acceptance of a partnership theory for assessing the financial aspects of marriage, And The need to reshape the law of donative transfers into a unity.
The Sixth Edition of this highly-regarded casebook continues its innovative emphasis on the connection between the law of trusts and estates and the changing American family. The Sixth Edition incorporates the most recent uniform acts from the Uniform Law Commission and the Third Restatements of the American Law Institute, and discusses the very latest "hot" topics, including trust protectors, directed trusts, trust decanting, family offices, and donor standing to enforce charitable trusts. The Sixth Edition also incorporates new important cases, such as the U.S. Supreme Court's decision in Hillman v. Maretta (2013). The authors of this book have long been at the forefront of law reform in trusts and estates, and this tradition continues under the authorship of Thomas Gallanis, who is the executive director of the Uniform Law Commission's Joint Editorial Board for Uniform Trust and Estate Acts. He was also an associate reporter for the Restatement Third of Trusts and has been the reporter of two uniform acts, most recently the Uniform Powers of Appointment Act (completed 2013). The Sixth Edition emphasizes problems and questions to facilitate classroom discussion and analysis. Among many other things, the book teaches doctrine and policy, planning and drafting, case analysis and statutory interpretation. The detailed teacher's manual includes extensive syllabi and notes for classroom teaching.
In the Third Edition, the book has been updated throughout with new cases and materials while retaining the basic format. The unique contribution of this casebook to the teaching of Property Law is its inclusion of problems and materials that allow the teacher to introduce students to issues in professional ethics and client counseling in a way that integrates well with the coverage of Property Law. In addition, it also provides problems that allow for an exposure to ADR. This book also takes a very teachable approach to the standard coverage of a four- to six-hour basic property course.
This book combines extracts from major cases and secondary materials with critical commentary to provide a complete resource for undergraduate and postgraduate students of intellectual property law. All areas of intellectual property law in the UK are covered: copyright, trademarks and passing off, confidential information, industrial designs, patent, procedure and enforcement. This book also tackles topical areas, such as the application of intellectual property law to new technologies and character merchandising. While the focus of the book is on intellectual property law in a domestic context, it provides international, EU and comparative law perspectives on major issues. It also addresses the wider policy implications of legislative and judicial developments in the area.
This text organizes cases over four periods: a 25-year period from 1890 to 1914, in which most of today's issues were foreshadowed; a 25-year period from 1915 to 1939, in which the 'rule of reason' forced courts to investigate the actual consequences of business practices; a 35-year period from 1940 to 1975, in which the per se rule and industry concentration provided the predominant models for analysis; and the modern period of now almost 40 years, which is a synthesis of the second and third periods. The new Fifth Edition retains enough of the first three periods to provide important intellectual and economic context, but it expands upon, even more fully, the recent developments of antitrust policy. All major Supreme Court authority is covered, including the 2013 Actavis 'reverse payments' and Phoebe Putney 'hospital regulation' cases, as well as the 2010 Merger Guidelines and developments in lower court treatment of tying, bundled pricing and mergers.
A leading casebook on foreign relations law, authored by two widely cited and experienced scholars, Foreign Relations Law: Cases and Materials, Sixth Edition examines the law that regulates the conduct of contemporary U.S. foreign relations. It offers a compelling mix of cases, statutes, and executive branch materials, as well as extensive notes and questions and discussion of relevant historical background.
Cases and Materials on the Carriage of Goods by Sea, fourth edition, offers tailored coverage of the most commonly taught topics on Carriage of Goods by Sea courses. Combining a collection of legislative materials, commentaries, scholarly articles, standard forms and up-to-date English case law, it covers the major areas of chartering and bills of lading as well as matters such as exclusion and limitation of liability. Significant innovations for this edition include: Materials on the Rotterdam and Hamburg Rules, and expanded discussion of the Hague Visby Rules and Charterparties Discussion of some of the most important decisions by the senior courts Pedagogical features such as end of chapter further reading Emphasis on how shipping law operates and is applied in the real world A clear, student-friendly text design with a strong emphasis on research and problem solving This up-to-date collection of materials relating to the carriage of goods by sea will be of value to students of law, researchers and legal practitioners.
This new edition of the book is completely updated with the latest developments in U.S., EU, and WTO law. It contains a number of new cases, replacing older cases. This edition remains concise and retains the features of the first that made it popular: clear expositions of the law and many short, practical, and straight forward problems that liven class discussions and draw home the lessons to the students. The casebook contains many excerpts of major international intellectual property treaties and can be used without the Documents Supplement. Students who wish to have the full text of the treaties can supplement their study with the comprehensive Documents Supplement.
¿ Immerse students in the world of intellectual property law and provide essential perspectives to practice in this area.¿ The Fifth Edition of Loren & Miller¿s Intellectual Property Law continues to provide engaging and challenging coverage of all the major types of intellectual property law: trade secret, patent, copyright, and trademark law. Covering cases and developments through Spring 2017, the book includes all the latest Supreme Court cases that are vital to a survey course, including Star Athletica v. Varsity Brands (as a principal case) and contextualized discussion of Matal v. Tam and Impression Products v. Lexmark International. Each chapter has been fully revised, with changes¿some small, some more extensive¿that optimize clear presentation of tightly edited cases and concise notes and questions.¿ The book kicks off with an introduction that explores the basic policies animating i.p. law and concludes with two overarching chapters¿one on i.p. limits (preemption and first sale), and one on remedies (to redress past harm and prevent future harm). This book will both guide student analysis and challenge students to make vital connections within and across doctrines and policies.
Torts: Cases and Materials, Fourth Edition is a casebook that engages students without avoiding the hard questions. Modeled on the venerable Prosser casebook, but intended to be modern, accessible, and yet sophisticated, this book consistently gets high marks from students for being clear, user-friendly, and not hiding-the-ball like so many other casebooks. Challenging hypotheticals and authors’ dialogues engage students while allowing instructors to probe more deeply into ambiguous or developing areas of law. The book’s manageable length makes it an ideal for a three- to four-hour introductory Torts course.
Food Law and Policy surveys the elements of modern food law. It broadens the coverage of traditional food and drug law topics of safety, marketing, and nutrition, and includes law governing environment, international trade, and other legal aspects of the modern food system. The result is the first casebook that provides a comprehensive treatment of food law as a unique discipline. Key Features: Draws together cases with other regulatory materials such as rulemaking documents and agency requests for proposals for grant funding. Focuses on federal law and includes discussion of innovations in food law happening at the municipal, state and federal level. Covers the latest developments in food law.
Franchising: Cases, Materials, & Problems is designed for use in a franchise law course. A teacher who wishes to emphasize the role of intellectual property concepts in franchise law can assign the chapters on trademarks, trade secrets, and copyright in full as well as parts of other chapters. A teacher who prefers to emphasize the regulatory aspects of franchise law can assign the chapters on disclosure and relationship laws in full, supplemented by other chapters.
Military Justice: Cases and Materials gives teachers a new and powerful tool to introduce students to military law while deepening their understanding of criminal law and procedure, comparative law, international law, and constitutional law. At a time when the tempo of military operations around the world seems to increase constantly and high-profile courts-martial dominate the headlines, this book gives students and teachers unprecedented the tools needed to analyze, understand, and evaluate worldwide military justice. With prosecutions arising from prisoner abuse, atrocities against civilians, and servicemembers' opposition to ongoing wars, the military justice system now has a prominence unmatched since the Vietnam era. This higher profile for courts-martial, combined with the difficult and fundamental legal issues raised by the military commissions, suggests that military courses will now be in great demand. This casebook provides the text for such a course. Its coverage of the U.S. court-martial and other systems of military criminal law provides a framework through which students can explore the role and operation of military justice within a democratic society. In an era of worldwide deployments, multi-national operations, and global terrorism, this book illuminates the interconnectedness of military justice systems through a far-ranging collection of judicial opinions, statutes, regulations, commentaries, and scholarship. While the materials presented draw heavily from the United States, most chapters also present materials from other jurisdictions to enhance students' appreciation of both the unique American experience and the availability of alternative approaches to military discipline, accountability, and punishment. International norms are also examined. Part I, Foundations, sets the stage by exploring the origins and purposes of military justice, pointing out the many sources of law that govern this area, analyzing the unique and critical role of the commander in military justice, and assessing professional responsibility rules for military lawyers. Part II, Principles, steps further into legal analysis to study the jurisdiction of military courts, identify crimes and defenses that apply only in a military context, and analyze the extent to which the obligations of military service alter the protection of fundamental rights. Part III, Trials, brings students into the court-martial to meet military judges, juries, and counsel and to study the rules of procedure, evidence, sentencing, and appeal. Part IV, Special Contexts, takes a broader approach to assess the challenges that a military justice system faces during combat and peacekeeping operations. This part also looks at the topic of military commissions. Part V, The Future, gives students a glimpse into the changes that lie ahead by focusing on the processes of legal reform and globalization.
Commercial Law: Text, Cases, and Materials provides students with an extensive and valuable range of extracts from key cases and writings in this most dynamic field of law. The authors' expert commentary and questions enliven each topic while emphasizing the practical application of the law in its business context. Len Sealy and Richard Hooley have been joined by four renowned experts in the field for the preparation of this edition. The authors have captured the essence of this fascinating topic at a time of significant legislative, regulatory, and political change.