Complex Litigation

Problems in Advanced Civil Procedure

Author: Jay Tidmarsh,Roger Transgrud

Publisher: Foundation Press

ISBN: 9781599410654

Category: Law

Page: 305

View: 3287

Thoroughly rewritten to account for important developments, the second edition explains the concepts of complex litigation and provides insights into the procedural techniques used to resolve intractable problems of large-scale litigation. Topics covered include aggregation (class actions, multidistrict litigation, and other devices), pretrial and trial, and remedial issues. The book helps students to review and study for courses in Complex Civil Litigation or Advanced Civil Procedure, and also serves as a reference book for students once they are in practice.
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Class Actions and Other Multi-party Litigation in a Nutshell

Author: Robert H. Klonoff

Publisher: West Academic Publishing

ISBN: 9780314910974

Category: Law

Page: 487

View: 4813

Completely revised and up to date. Thoroughly covers the Class Action Fairness Act of 2005, the 2003 amendments to Rule 23, and numerous important court decisions rendered since the last edition. 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, and ethical and policy issues. Also contains a special focus on securities, mass tort, and employment discrimination class actions, defendant class actions and shareholder derivative suits. Explores the latest cutting-edge issues in multi-party litigation and discusses numerous ground-breaking court decisions.
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Concepts and Case Analysis in the Law of Contracts

Author: Marvin A. Chirelstein

Publisher: N.A

ISBN: 9781609303303

Category: Law

Page: 258

View: 1317

Recommended in more than 100 schools, the updated seventh edition of Concepts and Case Analysis in the Law of Contracts is a readable primer that offers first-year law students a reliable overview of the major themes and leading cases in the field of the law of contracts. This contracts primer is straightforward and uncluttered, covering the main themes of the first-year contracts course, together with related cases.
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Civil Procedure

Author: Samuel Issacharoff

Publisher: N.A

ISBN: 9781599415352

Category: Law

Page: 221

View: 4480

This book will analyze legal procedure as part of a complicated interaction between private ordering and public intervention. Modern society brings people together in a variety of settings and injects an active state presence into all manner of everyday activities. Inevitably there are disputes. Yet, these disputes settle all around us, based on social norms or simply an understanding of what is right and what is wrong; what is contestable and what is not. This private ordering of responsibility occurs against a backdrop, sometimes but certainly not always invoked, of what might occur were the matter to be taken to the more costly system of public dispute resolution. In this sense, disputants outside the legal system are said to be bargaining in the shadow of the law. For those who cannot privately order their disputes, there are two public interests. The first is to provide a public resolution such that future similarly situated disputants may be better able to anticipate what are the likely outcomes should they proceed to litigation. The second is to provide finality so that the disputants may get on with their affairs. The central thrust of this book will be to examine the overall structure of public dispute resolution through six basic concepts: rudimentary fairness and the trade off between equity and efficiency; defining the parameters of a dispute in terms of the presentation of issues and the obtaining of information; defining the scope of the dispute in terms of parties, particularly as the judicial system confronts increasingly complex litigation; defining the power of the courts; securing finality; and the costs of procedure.
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Civil Procedure

Cases, Problems and Exercises

Author: John T. Cross,Leslie W. Abramson,Ellen E. Deason

Publisher: West Academic

ISBN: N.A

Category: Law

Page: 898

View: 2543

This book, which focuses on cases decided in the last decade, differs from similar casebooks in several ways - most notably its extensive use of problems and exercises. Each section includes an Introductory Problem to encourage students to think about the issues, and a review of problems at the end. This approach helps students become comfortable in applying the rules they have learned, and gives them the incentive to look closely at the language of the positive law itself. Exercises throughout encourage students to use their research skills to discover how state procedural standards compare with the federal rules and statutes.
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Civil Procedure

Cases and Materials

Author: Jack H. Friedenthal,Arthur Raphael Miller,John Edward Sexton,Helen Hershkoff

Publisher: West Academic Publishing

ISBN: 9780314280169

Category: Law

Page: 1367

View: 6844

The Eleventh Edition of this popular casebook provides a framework for studying both the essential and the cutting-edge issues of civil procedure while incorporating problems that test doctrinal understanding, foster case reading skills, and encourage a sense of litigation strategy. New Supreme Court cases have been integrated that impact personal jurisdiction (McIntyre, Goodyear), subject-matter jurisdiction (Grable, Gunn), pleading (Twombly, Iqbal), joinder (Pimentel), class actions (Dukes), and other important topics, including statutory changes such as the Jurisdiction Clarification Act. The casebook covers all of the major topics that a professor might wish to teach in a first-year course, and can easily be adapted for courses of one- or two-semesters, of different credit hours, and with varied practical or theoretical emphases. A supplement includes all updated Federal Rules, the pleadings in Twombly and Iqbal, a model case file, state materials, and other important teaching tools.
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The Forms and Functions of Tort Law

Author: Kenneth S. Abraham

Publisher: West Publishing Company

ISBN: N.A

Category: Law

Page: 285

View: 2247

The perfect accompaniment to any torts casebook, The Forms and Functions of Tort Law covers all the major cases and issues in the standard torts course, sharing Professor Abraham?s scholarly insights developed over 25 years of teaching. This analytical text addresses the cases and analyzes their implications, presenting the law of torts within a curricular context and covering the materials that law students are likely to encounter in a variety of courses. The straightforward, readable text in this paperback addresses both rules and policy and presents topics in a way that helps students grapple with the issues more effectively. Organized in the traditional manner, topics covered include intentional torts, negligence, cause-in-fact, proximate cause, defenses, strict liability, nuisance, products liability, damages, tort reform, invasion of privacy, defamation, misrepresentation, and the economic interference torts. Each chapter stands on its own, making the book ideal for use as a classroom text as well as for self-directed reading by students.
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A Civil Action

Author: Jonathan Harr

Publisher: Vintage

ISBN: 030780478X

Category: True Crime

Page: 512

View: 6060

This true story of an epic courtroom showdown, where two of the nation's largest corporations were accused of causing the deaths of children from water contamination, was a #1 national bestseller and winner of the National Book Critics Circle Award. Described as “a page-turner filled with greed, duplicity, heartache, and bare-knuckle legal brinksmanship by The New York Times, A Civil Action is the searing, compelling tale of a legal system gone awry—one in which greed and power fight an unending struggle against justice. Yet it is also the story of how one man can ultimately make a difference. Representing the bereaved parents, the unlikeliest of heroes emerges: a young, flamboyant Porsche-driving lawyer who hopes to win millions of dollars and ends up nearly losing everything, including his sanity. With an unstoppable narrative power reminiscent of Truman Capote’s In Cold Blood, A Civil Action is an unforgettable reading experience that will leave the reader both shocked and enlightened. A Civil Action was made into a movie starring John Travolta and Robert Duvall. From the Trade Paperback edition.
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Learning Civil Procedure

Author: Jeffrey Stempel,Michael Kaufman

Publisher: West Academic Publishing

ISBN: 9781683288626

Category:

Page: 883

View: 4942

Learning Civil Procedure provides a broad, student-centered, user-friendly approach to civil procedure that is both clear and sophisticated. Students build mastery of the material through the presentation of examples and analyses. Students then move on to involved problems similar to what they will encounter on final examinations, bar examinations, and as lawyers. The book makes great use of problems to facilitate dialogue in class and correspondingly uses many fewer case excerpts than does the typical casebook. Students will emerge as competent and culturally literate lawyers because the book also includes the core "canon" of civil procedure opinions as well as sufficient historical background. Learning Civil Procedure is a book designed by authors who both teach and litigate, making it the perfect tool for ensuring that students are ready for the classroom, the bar exam, and real-world litigation practice.
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Civil Procedure Stories

Author: Kevin M. Clermont

Publisher: N.A

ISBN: 9781599413471

Category: Law

Page: 555

View: 7790

This book is a collaborative effort by fourteen law-school professors to provide a deeper understanding of the great civil procedure cases. The professors each wrote a short chapter on one of the cases, retelling the cases in their own voice and by their own method. Each chapter has a fairly consistent structure, with separate sections on: social and legal background of the case; factual background of the case; lower court proceedings in the case; final appellate disposition, including issues, decisions, reasons, and separate opinions; factual postscript to the case; immediate impact of the case on the development of the law (why the case is famous and when it became so); and continuing importance of the case today (why it is still a leading case).The accompanying website, http://civprostories.law.cornell.edu, serves as a research tool for students, academics, and practitioners. The poste
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Transnational Civil Litigation

Author: George Rutherglen

Publisher: Foundation Press

ISBN: 9781634595001

Category:

Page: N.A

View: 6460

This text on transnational civil litigation presents the basic legal doctrine within a larger, illuminating conceptual framework. The book organizes the subject around three basic concepts: national sovereignty, individual rights, and political accountability. After highlighting the unique problems of litigation across national boundaries, the book explores the essential role of individual rights, especially due process and substantive human rights. It then examines the role of the political branches of government in enacting the statutes and treaties that govern transnational litigation. These three concepts play out in the following chapters: Introductory chapters on jurisdiction in three different senses: personal jurisdiction; prescriptive jurisdiction (especially extraterritoriality); and federal subject-matter jurisdiction. A chapter on foreign sovereigns as litigants, concerned with sovereign immunity and the act of state doctrine. Two chapters on procedure in pending cases, one on service of process and discovery, and another on parallel proceedings, concerned with forum non conveniens, stays, and anti-suit injunctions. Two final chapters addressed to the resolution of disputes, through recognition of foreign judgments and enforcement of arbitration agreements and awards.
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Storytelling for Lawyers

Author: Philip Meyer

Publisher: Oxford University Press

ISBN: 0199910618

Category: Law

Page: 256

View: 5341

Good lawyers have an ability to tell stories. Whether they are arguing a murder case or a complex financial securities case, they can capably explain a chain of events to judges and juries so that they understand them. The best lawyers are also able to construct narratives that have an emotional impact on their intended audiences. But what is a narrative, and how can lawyers go about constructing one? How does one transform a cold presentation of facts into a seamless story that clearly and compellingly takes readers not only from point A to point B, but to points C, D, E, F, and G as well? In Storytelling for Lawyers, Phil Meyer explains how. He begins with a pragmatic theory of the narrative foundations of litigation practice and then applies it to a range of practical illustrative examples: briefs, judicial opinions and oral arguments. Intended for legal practitioners, teachers, law students, and even interdisciplinary academics, the book offers a basic yet comprehensive explanation of the central role of narrative in litigation. The book also offers a narrative tool kit that supplements the analytical skills traditionally emphasized in law school as well as practical tips for practicing attorneys that will help them craft their own legal stories.
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Examples & Explanations for Civil Procedure

Author: Joseph W. Glannon

Publisher: Wolters Kluwer Law & Business

ISBN: 1454894024

Category: Law

Page: 752

View: 2866

"Study aid with examples-and-explanations pedagogy, focusing on the principles of civil procedure"-- Provided by publisher.
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Class Actions

Author: Robert H. Klonoff,Edward K. M. Bilich,Suzette Malveaux

Publisher: West Academic Publishing

ISBN: 9780314911650

Category: Law

Page: 1152

View: 2182

This casebook focuses on one of the most important and dynamic areas of modern federal civil practice - aggregate-party litigation, particularly class actions. The casebook covers the latest groundbreaking Supreme Court cases involving employment discrimination, arbitration and securities fraud. The book not only provides cutting edge cases, it explores litigation strategies used by practitioners and examines the theories underlying complex, multi-party litigation. As such, the book is ideal for scholars, lawyers and students.
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Environmental Law and Policy

Author: James Salzman,Barton H. Thompson

Publisher: Foundation Press

ISBN: 9781609303051

Category: Law

Page: 372

View: 2373

Environmental Law and Policy is a user-friendly, concise, inexpensive treatment of environmental law. Written to be read pleasurably rather than used as a dry reference source, the authors provide a broad conceptual overview of environmental law while also explaining the major statutes and cases. The book is intended for three audiences - students (both graduate and undergraduate) seeking a readable study guide for their environmental law and policy courses; professors who do not use casebooks (relying on their own materials or case studies) but want an integrating text for their courses or want to include conceptual materials on the major legal issues; and practicing lawyers and environmental professionals who want a concise, readable overview of the field. For the fourth edition, to provide students a deeper understanding of how environmental law works in practice, a new Chapter has been written on Enforcement. A series of problem exercises have been added throughout the book, describing a legal or policy conflict in detail and asking students to identify and assess solutions. The first part of the book provides an engaging discussion of the major themes and issues that cross-cut environmental law. Starting with the first chapter's brief history of environmentalism in America, the second chapter goes on to explore the importance and implications of basic themes that occur in virtually all environmental conflicts, including scientific uncertainty, market failures, problems of scale, public choice theory, etc. It then presents three dominant perspectives in the field that drive policy development - environmental rights, utilitarianism, and environmental justice. Chapter Three fills in the remaining legal background for understanding environmental protection, reviewing the theory of instrument choice, the basics of administrative law, core concepts in constitutional law (e.g., takings, the commerce clause), and the doctrines associated with how citizen groups shape environmental law (such as standing). Chapter Four examines the practice and policy of monitoring compliance and enforcing the law. The second part of the book examines the substance of environmental law, with separate sections on each of the major statutes. International issues such as ozone depletion and climate change are also addressed. These chapters build on the themes and conceptual framework laid down in the first part of the text in order to integrate the discussion of individual statutes into a broad portrait of the law. The third part of the book describes natural resources law, discussing endangered species conservation, wetlands protection, water and energy issues. Part four addresses environmental impact statements and the National Environmental Policy Act.
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Civil Procedure in a Nutshell

Author: Mary Kay Kane

Publisher: West Academic

ISBN: N.A

Category: Law

Page: 309

View: 7083

Rules of civil procedure govern everything that happens outside of criminal proceedings. This Nutshell provides a road map to navigating civil procedure rules and helps build a foundation for understanding the overall picture. Topics discussed include how to choose the proper court, pretrial and trial preparation, adjudication, judgments, appeals, and specialized multi-party/multi-claim proceedings.
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