Aspen Publishers, Inc.

Alternative clauses to standard construction contracts, 3d ed.

This work catalogues alternative clauses for use in modifying standard construction contracts issued by the American Institute of Architects, the Engineer Joint Contract Documents Committee, and similar bodies, with the emphasis being on the documents of the AIA, the most commonly used set of standard form construction contracts. The book reproduces the most prevalent contract forms alongside proposed alternative language and commentary. This edition covers the 2007 and 2009 revisions of the AIA documents. The material is presented according to the actor making the changes (e.g. the contractor, the architect, or the owner), but the reader is advised to read alternate clauses for opposite parties to gain a broader understanding of the issues. (Annotation ©2010 Book News Inc. Portland, OR)

Beyond open skies; a new regime for international aviation.

Havel (director, International Aviation Law Institute, DePaul University) argues that national laws and bilateral agreements prohibit airlines from becoming global service providers. In this follow up to his 1997 In Search of Open Skies: Law and Policy for a New Era in International Aviation, he describes the efforts of leaders in the US and the EU to create a truly open aviation marketplace. He chronicles the history of the March 2008 air transport agreement between the US and the EU, and details the Chicago system of international air transport regulation, focusing on the concept of airspace sovereignty. The final chapter details the author's proposal for a second stage US/EC air transport agreement. Almost every page is more than half taken up by footnotes. Appendices provide relevant agreements from 1995 and 2007, and the author's model US open skies agreement, plus tables of cases and administrative proceedings. The book is distributed in North America by Aspen Publishers, Inc. (Annotation ©2010 Book News Inc. Portland, OR)

Civil procedure, 6th ed.

This is a part of a series of books that provide basic summaries and test prep information for different areas of legal study. The book presents useful information in a variety of formats: flowcharts to help illustrate legal procedures, brief summaries of precedent-setting cases related to civil procedure, detailed outlines dissecting key legal concepts, and mnemonic devices to aid in retention. The presentation is logical, providing practical assistance to law students looking to succeed. (Annotation ©2010 Book News Inc. Portland, OR)

Commentaries and cases on the law of business organization, 3d ed.

Allen (law and business, New York U.), Kraakman (law, Harvard Law School), and Subramanian (law and business, Harvard Law School) introduce students and non-specialist lawyers to the basic principles of US law that define the legal structures within which business operates. Opening chapters deal with fundamentals, including agency law, the partnership form and its modern variants, the corporate form as contrasted against the partnership and its variants, and concepts of valuation. The remaining chapters discuss the legal rules governing the protection of creditors, normal governance and the voting system, normal governance and the duty of care, conflict transactions and the duty of loyalty, shareholder lawsuits, transactions in control, mergers and acquisitions, public contests for corporate control, and trading in the corporation's securities. (Annotation ©2010 Book News Inc. Portland, OR)

Competition law; safeguarding the consumer interest; a comparative analysis of US antitrust law and EC competition law.

A common assumption is that by maintaining competitive markets competition law automatically optimizes consumer welfare. Buttigieg (European and comparative law, U. of Malta) examines how well U.S. antitrust law and European Community (EC) competition law actually protect consumer interests. He argues that unless those interests are specifically addressed during the assessment process, those consumer interests would not be adequately safeguarded. He also contends that consumer welfare should be the only or at least the primary goal of any antitrust regime. The author also addresses goals underlying U.S. and EC competition law, collusive practices and consumer interests, abusive pricing and consumer interests, and merger control. The book also includes tables of cases and legislation. It will interest scholars and legal practitioners. Distributed in North America by Aspen Publishers, Inc. (Annotation ©2010 Book News Inc. Portland, OR)

Contemporary civil litigation.

This text assumes that the reader has already completed coursework in civil procedure, torts, contracts, and property. Building on that foundation, this work is meant to fit this knowledge into the context of actual civil litigation. The book focuses on four elements: the demographics of lawyers, judges, and lawsuits; a doctrinal look at the law of representation and the law of settlement; the workings of legal finance and the infrastructure of civil casework; and judicial selection and retention, including political aspects of civil litigation. This work links legal knowledge with practical application, moving the student from law school towards legal practice. (Annotation ©2010 Book News Inc. Portland, OR)

Corporate financial disclosure answer book.

Intended for beginners as well as seasoned pros, in-house and outside, this desk reference, bound in a three-ring binder, is arranged in 29 stand-alone chapters. Providing a starting point for further research, its aim, of course, does not encompass specific legal advice, and it is not intended to serve in place of primary sources for statutes and regulations. Covering the basics first and then the nuances, the chapters address topics such as the following: financial statement preparation; Exchange Act registration and reporting; derivatives disclosure; auditor independence; international accounting standards; PCAOB registration, inspections and enforcement; and stock exchange listing standards, among many other topics. The author is a member of the California State Bar and is based in Los Angeles. (Annotation ©2010 Book News Inc. Portland, OR)

Cross-border enforcement of claims in the EU; history, present time and future.

Berglund (Stockholm School of Economics, Sweden) explores problem in the legal areas of cross-border civil execution/enforcement of contractual claims for money and the recovery of tax claims in the European Union. Following presentation of historical context, he draws comparison between the present legal solutions in the private and public law areas concerning the cross-border enforcement of contractual claims and the recovery of tax claims, based on the balance of differing interests and principles. He also assesses current solutions against alternative solutions, within the context of the legal objectives in European Community law, other parts of public international law, legal reform objectives established in European law, and legal reform objectives of international recommendations and principles that have been accepted by the member states of the European Union. (Annotation ©2010 Book News Inc. Portland, OR)

Deconstructing legal analysis; a 1L primer.

This workbook serves the dual purpose of being a study guide for law school students learning about legal analysis, and providing instruction in how to demonstrate mastery of the subject in written tests. The book focuses on aiding students in the development of "legal thinking", rather than the presentation of specific-case information. This book is clearly a supplement to standard law school texts, but an important one to help students successfully become acclimated to their law school environment. Distributed in North American by Aspen Publishers, Inc. (Annotation ©2010 Book News Inc. Portland, OR)

Demystifying the first year of law school; a guide to the 1L experince.

Law school professors often don't tell students what they need to learn from a court's opinion, and instead expect students to learn from reading and discussing court opinions. This book provides law students with a framework for reading, discussing, and analyzing court opinions in first-year courses, focusing on six types of arguments often used by courts, lawyers, and professors to resolve legal issues. Examples of classroom question-and-answer exchanges between professors and students, and the explanations that follow them, illustrate what students should learn from class discussions. The book also provides examples of how what students learn from reading court opinions can be helpful in law school exams and later in law practice. Material is presented in sections on legal rule application, legal rule creation, and judicial decision making and client counseling. A companion web site provides examples of case briefs of court opinions in subjects addressed in first-year courses. The book can be used as a companion text in a first-year course, as a text in a legal methods or academic support course, or as background for a law school orientation program. A teacher's manual is available. Moore and Binder are professors of law at the University of California-Los Angeles. The book is co-published by Aspen Publishers. (Annotation ©2010 Book News Inc. Portland, OR)

Derivatives; legal practice and strategies.

Editor Aicher (attorney, lecturer, author) and 30 contributing authors offer a comprehensive overview of derivatives, frequently referred to as hedging tools, that have rapidly grown in popularity and use in the 21st century. As a reference and wide-ranging resource, this book would be useful for attorneys with solid financial experience, banking and insurance professionals, and educators. Topics include: an introduction to derivatives, exchange-traded securities derivatives, commodities regulation and derivatives, the ISDA master agreement, collateral, special concerns of the end user, use of derivatives in finance and structured finance transactions, credit derivatives, credit and equity derivatives, new products, derivatives and bankruptcy, tax treatment of derivatives, and the regulatory environment. The book also includes a chapter on selected derivatives topics in selected Latin American markets. (Annotation ©2010 Book News Inc. Portland, OR)

The EU and WTO law on services; limits to the realisation of general interest policies within the services markets?

Van de Gronden (European law, Radboud U. Nijmegen, the Netherlands) presents the results of a 2006 conference organized by the Europe Institute of the Utrecht U. (the Netherlands) on the dynamics resulting from the European Union and World Trade Organization laws on services, with the central questions of the proceedings being how to balance the proper functioning of the services market in a simultaneously European and international context and the realization of general interest issues. The volume's 12 chapters discuss the European Union's Services Directive and its background; explore the influence of the Directive on the national legal orders of member states, partly in reference to fundamental rights; analyze the case law of the European Court of Justice on Services of General (Economic) Interest; and consider how to relate the World Trade Organization rules on services to EU law. (Annotation ©2010 Book News Inc. Portland, OR)

Force majeure and hardship under general contract principles; exemption for non-performance in international arbitration.

This legal treatise addresses the scope and content of the principles for exemption for a party to a contract under international arbitration law (such exemptions are commonly referred to as force majeure and hardship). The author addresses the topic under a general principles of law approach. Chapters address the scope of application of general contract principles, the concept of non-performance, the force majeure excuse, and hardship, along the way examining such elements as contractual risk allocations, unforseeability of an impediment, impediments beyond the typical sphere of risk and control of the obligor, responsibility for third parties, legal impediments, involvement of states or state enterprises, the hardship threshold test, frustration of purpose, irreconcilable differences, and comparison with exemptions under domestic legal systems. (Annotation ©2010 Book News Inc. Portland, OR)

Introduction to paralegal studies; a critical thinking approach, 4th ed.

Currier (paralegal and legal studies, Elms College) and Eimermann (political science and legal studies, Illinois State U.) present an introductory textbook to paralegal studies that uses a critical thinking approach that teaches students to read for detail and analyze arguments, and combines information about the law, legal system, and paralegal work. They include discussion of legal research and writing, interviewing, investigation, and case management. This edition contains new and updated information on ethics; incorporates recent court decisions; and has new, updated, and expanded topics such as employment, recent activities of professional associations, the membership of the Supreme Court, and new legislative and judicial developments involving federalism, mens rea, sentencing, and intellectual property. Web exercises have also been added. (Annotation ©2010 Book News Inc. Portland, OR)

The international trade policy for technology transfers; legal and economic dilemmas on multilateralism versus bilateralism.

In the post-9/11 world, the already complicated process of technology transfer from developed to developing countries has become more difficult. Besides the existing effects of competitive market conditions, legal constraints governing technology transfer have focused more attention on what technologies could end up supporting terrorist enterprises. This book provides analysis of the technology market and the typically chaotic regulatory framework which govern technology transfer, taking a particularly close look at the advantages and disadvantages of bilateral transactions versus multilateral transactions. This book is distributed in North American by Aspen Publishers, Inc. (Annotation ©2010 Book News Inc. Portland, OR)

Plea bargaining across borders; criminal procedure.

For all the divergent views about the positive and negative aspects of plea bargaining, for decades it has been a central part of criminal legal proceedings in the US. Such is not the case in other countries, though gradually this negotiated approach to criminal law is gaining favor. This book takes an historical look at plea bargaining in a number of different countries, discussing the development, impact, and implications of it in lands as diverse as Russia, Japan, Germany, and in the International Courts System. (Annotation ©2010 Book News Inc. Portland, OR)

Problems and materials on debtor and creditor law, 4th ed.

The fourth edition of this textbook on bankruptcy law includes the major cases that address bankruptcy and other related laws. Authors Whaley (emeritus, law, The Ohio State U.) and Morris (law, U. of Dayton) address a variety of topics: an introduction to debtor and creditor law, commencement of the case and eligibility for relief, the bankruptcy estate, the automatic stay, claims and discharge, avoidance powers, chapters 11 and 13, family farmer reorganizations, and jurisdictional issues. (Annotation ©2010 Book News Inc. Portland, OR)

The role of economic analysis in the EC competition rules, 3d ed.

Head of a pan-European consult company specializing in the application of economics in competition law, Hildebrand here updates her treatise, first published in 1998, arguing that in order to protect commercial competition, the European Commission essentially invented a whole new school of economics. She advocated then for a more economics-based approach to competition law, and while continuing that campaign here, she also celebrates steps the Commission has taken in that direction over the intervening decade. The study covers the European competition rules, and competition theory and practice. Distributed in North America by Aspen Publishers. (Annotation ©2010 Book News Inc. Portland, OR)

What not to write; real essays, real MPTs, real feedback.

Good and bad examples of real-life, scored bar exam essays and Multistate Performance Test (MPT) answers are collected here, written by bar candidates in the amount of time actually allotted by the New York Bar Exam. Nothing, not even grammar or spelling, has been changed in the essays, in order to give law students practice in reading and critiquing them. For each essay, the case and questions are given, and the essay answer is annotated with comments throughout. There is also a self-critiquing exercise. This review copy includes an introduction to New York's state bar exam. Shah is the founder and head instructor for a bar exam preparation program. (Annotation ©2010 Book News Inc. Portland, OR)

Wills, trusts, and estates, 8th ed.

This is the eighth edition of law school textbook designed for use in a course on trusts and decedent's estates in the United States and as an introduction to estate planning. Dukeminier (U. of California at Los Angeles), Sitkoff (Harvard U.), and Lindgren (Northwestern U.) maintain an emphasis on the basic theoretical structure and the general philosophy that unify the field of donative transfers and have pruned away mechanical matters. They have maintained discussion of the historical roots of modern law. Chapters cover intestacy, wills, construction of wills, nonprobate transfers and planning for incapacity, restrictions on the power of disposition, trusts, right to distributions from the trust fund, the fiduciary obligation of trust administration, charitable trusts, powers of appointment in trusts, construction of trusts, the rule against perpetuities and trust duration, and wealth transfer taxation. (Annotation ©2010 Book News Inc. Portland, OR)