The Law of Class Actions and Other Aggregate Litigation

Author: Richard A. Nagareda,Robert G. Bone,Elizabeth Chamblee Burch,Charles Silver,Patrick Woolley

Publisher: Foundation Press

ISBN: 9781609302702

Category: Law

Page: 694

View: 4799

The second edition of this casebook treats the subject of aggregate litigation as a coherent whole. The new authors have preserved the original focus while updating, revising and enriching the discussions of particular topics. The materials on class actions have been tightened and reorganized, reflecting recent judicial decisions that have made class actions harder to certify, and the materials on other procedural devices, including consolidations and arbitration, have been strengthened. The discussions contain more information about litigation strategies, judicial practices, financial considerations, and empirical findings. As before, this book fills three gaps in the market for teaching materials on the U.S. civil justice system. First, it establishes aggregate litigation as a cohesive field of procedural law, one that encompasses all devices for processing claims en masse, including class actions, multi-district litigations and other forms of consolidation, aggregate settlements, parens patriae lawsuits, bankruptcy reorganizations, and private arbitrations. Second, the casebook confronts forthrightly the reality of our civil justice system as one geared toward settlement, not the rare event of trial. From this vantage point, the casebook sees the processes for aggregate litigation as vehicles through which to achieve comprehensive, or broadly encompassing, resolution of related civil claims. Third, the casebook frames the legitimacy of preclusion in aggregate litigation by drawing, among other things, on aspects of private contract and public legislation. In so doing, the casebook encourages students to see cross-cutting connections with their other courses on such topics as contracts, corporations, and administrative law.
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Principles of the Law of Aggregate Litigation

Author: The American Law Institute

Publisher: The American Law Institute

ISBN: 0831898739

Category: Law

Page: 350

View: 1633

The Principles aim to help judges, legislators, and others make aggregation decisions correctly, and to improve the management of cases in which aggregation is allowed. In addition to formal aggregation in litigated settings, such as with class actions, the work addresses a broader array of cases that are bundled together and settled or tried to test the value of related claims.
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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: 7451

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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Class Actions

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

Publisher: West Academic Publishing

ISBN: 9780314911650

Category: Law

Page: 1152

View: 1479

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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Complex Litigation

Cases and Materials on Advanced Civil Procedure

Author: Richard L. Marcus,Edward F. Sherman

Publisher: West Group

ISBN: 9780314147349

Category: Law

Page: 960

View: 7888

Text is designed for an upper-level division course, and it serves as a useful source and reference book for students once they are in practice. In-depth coverage of the nature of complex litigation.
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Complex Litigation

Author: E. Thomas Sullivan,C. Douglas Floyd,Richard D. Freer,Bradley G. Clary

Publisher: LexisNexis

ISBN: 163044782X

Category: Law

Page: N.A

View: 2709

This unique coursebook has a number of distinguishing features. First, unlike traditional casebooks with their primary focus on case materials, the text presents a limited number of leading cases, coupled with extensive textual and note material reviewing existing doctrine and exploring unanswered legal and policy issues. Second, the text is current on cutting-edge issues while still paying attention to the fundamentals. Third, the text is both compact and comprehensive. This text aims to be state-of-the-art in the field of complex litigation and is designed for use in ether two- or three-unit courses. In addition to structural issues, such as Internet jurisdiction, the use of "minimal diversity" as a basis for federal jurisdiction, and mechanisms for the coordination of overlapping federal and state litigation, the text contains in-depth discussion of: The most recent developments in class action practice under Federal Rule 23; appointment and compensation of lead and class counsel; operation of the multidistrict statute; choice of law issues in multijurisdictional cases; and preclusion issues raised by complex cases, including limits on the use of non-party preclusion under the Supreme Court's decision in Taylor v. Sturgell. The text also examines core aspects of the complex litigation process itself, including judicial management of the pre-trial process, the conduct and control of discovery with a focus on the burgeoning field of electronic discovery including metadata, and mechanisms for disposing of cases without trial, including comprehensive treatment of the Supreme Court's recent decisions facilitating dismissal of cases on the pleadings, and the increasing prevalence of arbitration and waivers of class arbitration. This eBook features links to Lexis Advance for further legal research options.
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The Law of Contracts

Cases and Materials

Author: James Steven Rogers,Katharine G. Young

Publisher: N.A

ISBN: 9781683289937

Category: Contracts

Page: 554

View: 1213

This book is designed for use in a single-semester, less than six-credit hours, contracts course. Drawing on the best features of the case method, it departs from the standard, reference-oriented texts, in order to provide concise, coherent, and teaching-oriented materials with a focus on principal cases, questions and notes. The goal of the book is to introduce the deep-seated topics of concern to the law of contracts with selective brevity, in choosing readings in classic and contemporary cases, and UCC and restatement sources, interesting hypotheticals and theoretical and practical reflections. This book also updates the conventional presentation of the subject by providing a more substantive treatment of the law of restitution and of relevant international and comparative materials.
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Cases on Reproductive Rights and Justice

Author: Melissa Murray,Kristin Luker

Publisher: Foundation Press

ISBN: 9781609304348

Category: Law

Page: 949

View: 2269

The first casebook on the subject marks the contours of the field and provides a comprehensive understanding of the law and legal discourse relating to state regulation of sex, bodies, families, and reproduction. This compilation of rich historical and contemporary primary and secondary materials, accompanied by rigorous legal analysis, considers the economic, political, legal, and social factors that influence procreation and parenting. It is attentive to questions of race, ethnicity, socio-economic status, sexual orientation, and ability. Given that reproductive rights are implicated by different bodies of law, the casebook and teacher's manual will serve as guides to help balance expertise in one particular area of the law and enable well-rounded engagement with various issues.
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Studies in Contract Law

Author: Ian Ayres,Richard E. Speidel

Publisher: N.A

ISBN: 9781599412559

Category: Law

Page: 1204

View: 3066

Designed to meet the requirements of 4- and 3-credit hour courses, the Seventh Edition provides an overview of contract law, featuring updated information on Uniform Commercial Code revisions and current trends in contracts scholarship. It includes discussions on the importance of promise and theories of promissory liability; contract remedies; and dispute settlement by private adjudication, including arbitration. In addition to a revised Teacher's Manual, the authors have also produced a CD-ROM Manual that includes the printed Teacher's Manual. It also features electronic briefs of each case together with suggested Socratic dialogue. These materials can be edited and printed for class use. It includes a sample syllabus; annotated table of contents with pedagogical purpose of each case in the book; and electronic copies of every case omitted from Fourth, Fifth, and Sixth Editions (just in case we omitted your favorite case) that can be easily copied and distributed (permission granted
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Copyright

cases and materials

Author: Robert A. Gorman,Jane C. Ginsburg

Publisher: Lexis Law Publishing (Va)

ISBN: N.A

Category: Law

Page: 941

View: 5292

In the last few years there has been an exponential growth in the attention paid to Copyright by the courts, Congress, owners of intellectual property & the public. The law of Copyright determines the extent of ownership rights in creative products such as those embodied in books, plays, theatrical & television films, recordings, computer software & other forms of expression. These creations of the mind have greatly increased in value in the United States & abroad, as the public seems to have an unlimited appetite for them. .
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The First Amendment and the Fourth Estate: the Law of Mass Media

Author: T. Carter,Amy Sanders

Publisher: Foundation Press

ISBN: 9781634602754

Category:

Page: 1335

View: 5128

This casebook provides a thorough examination of the law of mass media, providing principal court opinions, explanatory text, and questions for discussion. Topics include the American legal system, introduction to freedom of expression, defamation, privacy, liability for emotional and physical harm, copyright and trademark, national security, obscenity and indecency, advertising regulation, press coverage of the administration of justice, confidentiality, newsgathering from non-judicial public sources, ownership of the media and related problems, access to the media, introduction to broadcasting, and legal control of broadcast programming. In this edition, Internet and new media topics, including net neutrality and other current issues, are integrated into the other materials.
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Legislation and Regulation

Cases and Materials

Author: John Manning,Matthew C. Stephenson

Publisher: N.A

ISBN: 9781634606479

Category: Administrative procedure

Page: 1163

View: 2138

This updated casebook is designed for a first-year class on Legislation & Regulation, and provides a proven, ready-to-use set of materials for those interested in introducing such a class to their 1L curriculum. The book focuses on the tools and methods of interpreting legal texts, using Supreme Court and other appellate decisions as the primary texts, yet the note material gently introduces students to applicable insights from political science, history, economics, and philosophy. The book aims to familiarize students with tools and techniques that lawyers and judges use when crafting legal arguments in statutory or regulatory contexts, and to give students a sense of the larger questions of institutional design implicated by these interpretive questions.
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Higher Education and the Law

Author: Judith C. Areen,Peter F. Lake

Publisher: Foundation Press

ISBN: 9781609302634

Category: Law

Page: 1223

View: 3922

This cutting-edge casebook provides materials for use in law schools and in other higher education programs. The new edition continues its full coverage of core topics involving faculty (tenure, governance, and academic freedom) as well as public/private/for profit distinctions, accreditation, admissions and financial aid. It includes a new case study of the Penn State crisis and materials on key new federal regulatory mandates concerning "gainful employment," Title IX sexual assault guidance, and "direct threat" analysis under Title II.
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The Law of Employment Discrimination, Cases and Materials

Author: Joel Friedman

Publisher: Foundation Press

ISBN: 9781634606394

Category:

Page: 1338

View: 1376

This casebook covers all major aspects of employment discrimination law, including benchmark legislative, administrative, and judicial developments. Due in part to frequent updates and revisions, it has received accolades as one of the most comprehensive and frequently updated texts on the market. The 11th Edition continues this tradition by seamlessly incorporating all major legislative and judicial developments through February 2017, accompanied by textual notes and questions that explore issues answered or left unanswered by this jurisprudence.
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Food and Drug Law

Cases and Materials

Author: Peter Barton Hutt,Richard A. Merrill,Lewis A. Grossman

Publisher: Foundation Press

ISBN: 9781609301750

Category: Law

Page: 1554

View: 7955

Approximately 25 cents out of every dollar spent by American consumers is for a commodity regulated by the Food and Drug Administration. The agency has jurisdiction over food, drugs, cosmetics, medical devices, biological products, animal food and drugs, and tobacco products, as well as electronic products that emit radiation and products that spread communicable disease. FDA regulation thus touches the production and sale of most products that fill the shelves of our supermarkets and drug stores and virtually every product prescribed or used by the medical profession. The agency's responsibilities range from the simplest foods and personal care products to the most technologically sophisticated innovations of biotechnology and medical engineering. Food and Drug Law is the law governing the actions taken by FDA and its sister agencies to oversee the safety of this vast universe of products, to ensure that their labeling (and in some cases advertising) is accurate and informative, and to shepherd safe and effective new products onto the market. The book contains many court cases, but to reflect the diverse forums in which food and drug law is developed and enforced, the text also contains many other types illustrative materials: Federal Register preambles, warning letters, regulatory guidance documents, Congressional hearing testimony, scholarly articles, newspaper opinion pieces, and many others. In addition, the book offers a generous amount of original content, in which the authors guide the reader through the complexities of the statutory and regulatory scheme. Moreover, like past editions, the Fourth Edition includes numerous illuminating notes, which offer a gold mine of fascinating examples of the law in action. The Fourth Edition, like previous editions, is extraordinarily valuable for practitioners. But notably, the book has been reorganized and edited so as to make it more useful than ever for students and professors. Much important contextual material has been moved to the front of the book, so students will grasp essential administrative, jurisdictional, federalism, and enforcement issues before mastering the intricacies of the product-specific chapters. The casebook thus provides an introductory window into administrative law for students who have not yet taken the basic Administrative Law course, as well as for first year students taking Food and Drug Law as an elective. The chapter on human drugs has been thoroughly reorganized to improve its comprehensibility. Throughout the book, other changes to organization and presentation have been made with professors and students in mind. The Fourth Edition is completely updated through the early fall of 2013. It includes a new chapter on tobacco regulation to reflect the responsibilities FDA acquired under the Family Smoking Prevention and Tobacco Control of 2009. It also incorporates all the other statutory amendments since 2007 (for example, the Food and Drug Administration Act, the Food Safety Modernization Act, and the Food and Drug Administration Safety and Innovation Act). Every major development of the past six years is addressed, from the significant First Amendment cases to the preemption of tort suits to the drug compounding crisis to the regulation of bioengineered salmon.
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In Praise of Litigation

Author: Alexandra Lahav

Publisher: Oxford University Press

ISBN: 0199380821

Category: Law

Page: 256

View: 4613

While the right to have one's day in court is a cherished feature of the American democratic system, alarms that the United States is hopelessly litigious and awash in frivolous claims have become so commonplace that they are now a fixture in the popular imagination. According to this view, litigation wastes precious resources, stifles innovation and productivity, and corrodes our social fabric and the national character. Calls for reform have sought, often successfully, to limit people's access to the court system, most often by imposing technical barriers to bringing suit. Alexandra Lahav's In Praise of Litigation provides a much needed corrective to this flawed perspective, reminding us of the irreplaceable role of litigation in a well-functioning democracy and debunking many of the myths that cloud our understanding of this role. For example, the vast majority of lawsuits in the United States are based on contract claims, the median value of lawsuits is on a downward trend, and, on a per capita basis, many fewer lawsuits are filed today than were filed in the 19th century. Exploring cases involving freedom of speech, foodborne illness, defective cars, business competition, and more, the book shows that despite its inevitable limitations, litigation empowers citizens to challenge the most powerful public and private interests and hold them accountable for their actions. Lawsuits change behavior, provide information to consumers and citizens, promote deliberation, and express society's views on equality and its most treasured values. In Praise of Litigation shows how our court system protects our liberties and enables civil society to flourish, and serves as a powerful reminder of why we need to protect people's ability to use it. The tort reform movement has had some real successes in limiting what can reach the courts, but there have been victims too. As Alexandra Lahav shows, it has become increasingly difficult for ordinary people to enforce their rights. In the grand scale of lawsuits, actually crazy or bogus lawsuits constitute a tiny minority; in fact, most anecdotes turn out to be misrepresentations of what actually happened. In In Praise of Litigation, Lahav argues that critics are blinded to the many benefits of lawsuits. The majority of lawsuits promote equality before the law, transparency, and accountability. Our ability to go to court is a sign of our strength as a society and enables us to both participate in and reinforce the rule of law. In addition, joining lawsuits gives citizens direct access to governmental officials-judges-who can hear their arguments about issues central to our democracy, including the proper extent of police power and the ability of all people to vote. It is at least arguable that lawsuits have helped spur major social changes in arenas like race relations and marriage rights, as well as made products safer and forced wrongdoers to answer for their conduct. In this defense, Lahav does not ignore the obvious drawbacks to litigiousness. It is expensive, stressful, and time consuming. Certainly, sensible reforms could make the system better. However, many of the proposals that have been adopted and are currently on the table seek only to solve problems that do not exist or to make it harder for citizens to defend their rights and to enforce the law. This is not the answer. In Praise of Litigation offers a level-headed and law-based assessment of the state of litigation in America as well as a number of practical steps that can be taken to ensure citizens have the right to defend themselves against wrongs while not odiously infringing on the rights of others.
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Constitutional Law, 19th

2018 Supplement

Author: Kathleen Sullivan,Noah Feldman

Publisher: Foundation Press

ISBN: 9781640208759

Category:

Page: N.A

View: 9114

This supplement brings the principal text current with recent developments in the law.
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Contracts

Cases and Comment

Author: John Philip Dawson,William Burnett Harvey,Stanley D. Henderson

Publisher: West Publishing Company

ISBN: N.A

Category: Contracts

Page: 958

View: 2663

The Seventh Edition of Contracts retains the distinctive character & the richness of previous editions. The standard of excellence set by this book over many years is due in larger measure to its "teachability." Developments in the law & in legal education have seemed to call for expanded treatment of some issues. This edition continues to track the increasing relevance of contract to at-will employment, the relationship of contract & tort (notably: the place of the misrepresentation & negligence torts in bargaining transactions), & the expanding technique of "implied" contract.
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