Aspen Publishers, Inc.

Beyond the big firm; profiles of lawyers who want something more.

Thirty-three lawyers are profiled in this volume edited by Morrison and Chin (both Stanford Law School), focusing on ones who work outside the traditional law firm in a variety of areas: civil liberties, civil rights, and the environment; direct service; advocacy; and criminal law and other government areas. They work in small private practices, government agencies, and nonprofits across the country. The stories demonstrate that these lawyers are happy in their choices, and that a change of career is not detrimental. A chapter on selecting the right law school and path, making the transition from a traditional firm, and job resources rounds out the book. Other contributing authors to the book are law students. It is aimed at law students, graduates, or anyone considering law school. There is no index or bibliography. (Annotation ©2007 Book News Inc. Portland, OR)

Commentaries and cases on the law of business organization, 2d ed.

This reference will help students and non-specialist lawyers understand the basic principles of law that affect the way business is conducted in the US. Although the book's approach is informed by basic principles of economics, readers do not need formal training or understanding of economics. Allen (law and business, New York University) first deals with fundamentals of organizational law in a business setting, covering agency law, partnership and corporate forms and their variants, and basic concepts of valuation. The rest of the book addresses the legal regulation of a variety of actions, decisions, and transactions that involve the modern public corporation. These chapters cover the voting system, the duty of care, and particular classes of corporate actions and related shareholder transactions that are subject to more specialized regulation by corporate law. Cross-references and extensive text notes are included. This second edition covers developments in corporate law since 2003, and provides citations to the literature on corporate law issues. New sidebars offer real-life illustrations of topics. (Annotation ©2007 Book News Inc. Portland, OR)

Competition rules for the 21st century; principles from America's experience, 2d ed.

Updated to account for the recent spread of competition policy regimes and the founding and work of the International Competition Network of national antitrust agencies, this work by Ewing (a former official in the Antitrust Division of the US Department of Justice) analyzes the global proliferation of competition laws. He explores the differences in current laws and their underlying legal theories, reviews historical government interventions against trust restraints on trade together with the relevant jurisprudence and legal commentary, and discusses the principles that should underpin future competition policy that preempts state laws. Distributed in North America by Aspen Publishers, Inc. (Annotation ©2007 Book News Inc. Portland, OR)

Concise European copyright law.

Designed as a quick reference and refresher, this covers the law as it has been enacted at the European and international levels, providing article-by-article commentary. International conventions covered include the Berne Convention for the Protection of Literary and Artistic Works, the WIPO Copyright Treaty and Performances and Phonograms Treaty, Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations, and articles nine to 14 of the Agreement on Trade-Related Aspects of Intellectual Property. European directive include those on the legal protection of computer programs, rental right and lending right in intellectual property, copyright and copyright related to satellite broadcasting and cable transmission, databases and resale rights. The editors include lists of references. Distributed in North America by Aspen Publishers, Inc. (Annotation ©2007 Book News Inc. Portland, OR)

Corporate rescue; an overview of recent developments, 2d ed.

Broc (U. of Hull, UK) and Parry (U. of Leicester, UK) present 16 essays on corporate rescue procedures and reforms at the domestic level. The book builds on the edition published in 2004, which focused on the developments in the European Union. This edition contains chapters on new member states: Cyprus, Hungary, and Poland. It has added chapters on China, New Zealand, South Africa, and the US, where recent reforms have or will occur. Following an introduction on the different patterns of corporate rescue laws and the factors that influence them, chapters (each written by a law scholar or scholars from the country discussed) cover recent developments on reforms to domestic insolvency procedures. Other countries considered are England and Wales, France, Germany, Greece, Hong Kong, Italy, and Spain, with a concluding chapter on cross-border insolvency and the UNCITRAL Model Law. Distributed in North America by Aspen Publishers, Inc. (Annotation ©2007 Book News Inc. Portland, OR)

Criminal law and its processes; cases and materials, 8th ed.

Kadish (law, U. of California, Berkeley), Schulhofer (law, New York U.), and Steiker (law, Harvard U.) introduce students to criminal law and its processes with an emphasis on statutory interpretation and the vocabulary and doctrine of common law, and attention given to the importance of federal criminal law and the new offenses used to elaborate traditional common law concepts, international human rights, and sentencing. This edition has been reorganized, includes a revised and expanded section on the death penalty, and systematically treats the concept of discretion in a new chapter. Other chapters are concerned with rape, homicide, group criminality, exculpation, theft offenses, and other crimes. The materials in the procedural sections have been shortened, cases have been updated in substantive sections, and notes and problems have been added. The book is meant for use in courses of any length. (Annotation ©2007 Book News Inc. Portland, OR)

Criminal law; examples & explanations, 4th ed.

Singer (Rutgers) and La Fond (University of Missouri) explain the rules defining mens rea, mistake of law, strict criminal liability, felony murder, rape, theft, solicitation, conspiracy, and complicity. The fourth edition of the textbook adds sections on homicidal liability for deaths resulting from the transmission of AIDS and preemptive self-defense as a justification for invading Iraq. (Annotation ©2007 Book News Inc. Portland, OR)

Directors' liability; a worldwide review.

Given the complexities of the global marketplace and the likelihood that business lawyers and boards may well need information on more than one nation's laws about the liability of directors, these entries focus on Europe but include jurisdictions in Asia, Australia and New Zealand, South Africa, North America and South America. Entries include basic legal theories, recent cases, socio-anthropological issues, judicial reviews, summaries of corporate governance, material on liability issues and insurance or other forms of protection, lawyer directorship and other aspects of the countries' standards of directors' liability, including those relating to redress and the expectations set by the European Action plan. Distributed in North American by Aspen Publishers, Inc. (Annotation ©2007 Book News Inc. Portland, OR)

Dispute resolution; negotiation, mediation, and other processes, 5th ed.

Goldberg (law, emeritus, Northwestern University) overviews the dispute resolution landscape in this work for law students and lawyers. Coverage encompasses disputing procedures and processes, dispute resolution and the justice system, selected applications, and the future of alternative dispute resolution. A final chapter of case problems is included. About 200 pages of appendices cover various acts, standards, and other legislation. There is also a 45-page annotated guide to finding and using resources such as glossaries, encyclopedias, cases, books, annual reports and yearbooks, arbitration decisions, articles, periodicals, and organizations. This fifth edition appears only four years after the last, reflecting the rapid pace of legal and empirical developments in the field. There is a new chapter on exporting techniques to other countries. The number of simulations and questions has been increased, and some of the simulations are keyed to videotapes so that students can first do the simulations themselves and then see how they are handled by experienced dispute resolvers. The book can be used as a text for a basic course, and as background reading for simulations. (Annotation ©2007 Book News Inc. Portland, OR)

Essential lawyering skills; interviewing, counseling, negotiation, and persuasive fact analysis, 3d ed. (CD-ROM included)

This textbook instructs students in every specialty on the skills of interviewing, counseling, negotiation, and persuasive fact analysis in the practice of law. Krieger and Neumann (both law, Hofstra U.) stress themes of professionalism, working with and for the client, problem-solving, and communication and multicultural skills. Ethical issues are discussed in connection with all of the skills. In this edition, new topics such as decision theory, using creativity in generating options, drafting deals, the financial analysis of proposed agreements, and transactional bargaining are covered. More on narrative theory and legal storytelling is included, and a CD-ROM with a case file and planning exercises is provided. The volume teaches 18 of 26 effectiveness factors delineated by Marjorie Schultz and Sheldon Zedick, who are working on developing a law school admissions test that is more accurate than the LSAT. (Annotation ©2007 Book News Inc. Portland, OR)

Export control law and regulations handbook; a practical guide to military and dual-use goods trade restrictions and compliance. (CD-ROM included)

This handbook provides guidance to businesses on dealing with export control laws and regulations around the world. The opening chapter reviews the international regime and, unlike the country-specific chapters, includes discussion of nuclear, chemical, and biological weapons. The country-specific chapters focus on those laws and regulations that apply to military and dual-use goods, technology, and services. Each country chapter includes an executive summary, introduction to the overall philosophy of the country regime, discussion of historical context, explanation of participation in the international regime, description of the regime itself (maintaining the above-mentioned focus), identification of national specificities, and practical references. The individual regimes discussed are: China, the European Union, France, Germany, India, Italy, Japan, Russia, Spain, the United Kingdom, and the United States. The editors (a lawyer and an export compliance officer with the European Aeronautics Defence and Space Company) also include a CD-ROM containing an electronic appendix that includes a standard compliance program (based on the `Nunn-Wolfowitz task-force report: industry "best practices" regarding export compliance programmes') and standard country-specific applications or related forms. Distributed in North America by Aspen Publishers, Inc. (Annotation ©2007 Book News Inc. Portland, OR)

Exploring the jurist's frame of mind; constraints and preconceptions in civil law argumentation.

Vranken (methodology of private law, Tilburg U., The Netherlands) considers the frame of mind of jurists in civil law, focusing on eight typical characteristics of argument and reasoning from their point of view. First discussing the art of handling cases, he then covers looking at cases in the past, veiled argument, the absence of solid factual basis, detachedness, the mutability of civil law, the importance of context, multidisciplinary legal research, and legal scholarship. He does not cover legal skills, theoretical views on legal reasoning, the justification of legal judgments, or the position of rhetoric and logic in law. The book was translated into English from a Dutch edition published in 2005 called General Introduction. Second Part to the Commentary on Dutch Private Law Asser series. About one third of it has been rewritten and the bibliography has been adapted. Distributed in North America by Aspen Publishers, Inc. (Annotation ©2007 Book News Inc. Portland, OR)

Family law; examples & explanations, 2d ed.

Oliphant and Ver Steegh (law, William Mitchell College of Law) provide a textbook on family law that is organized by specific topics, from marriage contracts to domestic violence to abortion. It incorporates empirical research and census data, and ways that the practice of family law and the role of attorneys has changed through the use of processes such as mediation and collaborative law. This edition has been revised and updated to include recent developments and new examples and explanations. (Annotation ©2007 Book News Inc. Portland, OR)

Free movement of persons within the European Community, 2d ed.

One of the many reasons for forming the European Union was to allow workers to move freely amongst sites, regardless of the nationality of the workers and the location of the sites. However, many have questions whether in practice this movement has become a fundamental right, and how movement for employment or other reasons has become entangled with domestic and international civil rights. This edition, updated to reflect current interpretations and policies, gives historical and sociological contexts for the basic legal provisions as well as introductions to the relevant treaties. It covers the effects (intended and otherwise) of specific articles, the scope of the free movement of workers (including the provision of services by third-party nations established within the community), freedom of establishment, freedom to provide and receive services, derogations and limitations, issues of European citizenship, and international agreements involving free movement. Distributed in North America by Aspen Publishers, Inc. (Annotation ©2007 Book News Inc. Portland, OR)

Global patent litigation; strategy and practice.

Designed for attorneys, patent agents, and corporate counsel who are confronted with an international patent dispute, this reference presents reports prepared by experienced patent litigators which describe the practice of patent litigation in a particular jurisdiction. The first two chapters deal with strategy development in international patent litigation and describe the main provisions of the European Patent Convention and the main decisions of the European Patent Office. The material requirements for patentability are also described, together with the main features of the granting procedure before the European Patent Office. Subsequent chapters offer country reports. Each country report gives a general description of the course of the patent infringement or validity proceeding, and discusses topics such as scope of protection, defenses to infringement, and available remedies. Country chapters also include tables of the main features of the proceedings in that country. Material is bound in a sturdy three-ring binder with tabbed chapter dividers. The book is distributed in North America by Aspen Publishers, Inc. (Annotation ©2007 Book News Inc. Portland, OR)

Global trends in mediation, 2d ed.

With the exception of an introductory global survey, this work by Alexander (dispute resolution, Australian Centre for Peace and Conflict Studies, U. of Queensland, Australia) describes mediation regulation and practice in different national settings around the world. Chapters describe the use and development of mediation in Australia, Austria, Canada, Denmark, England and Wales, Germany, Italy, the Netherlands, Scotland, South Africa, Switzerland, and the United States. Also included is a chapter new to this edition that treats the Canadian province of Quebec as a separate jurisdiction. While the discussions are not uniform, chapters typically address such issues as the organizational settings of mediation, the legal and regulatory framework, training issues, institutionalization and professionalization, and future trends. (Annotation ©2007 Book News Inc. Portland, OR)

Governmental plans answer book, 2d ed.

This resource for attorneys, accountants, and other pension professionals offers an in-depth tutorial on the plans serving state and local government employees. Callhoun and co-authors explain how these plans differ from private plans as they take readers step-by-step through the laws that govern them. The focus throughout is on issues relating to plan administration and compliance. The second edition has been updated to reflect recent developments, such as changes made by the Pension Protection Act of 2006. Calhoun is an attorney who represents governmental entities in the employee benefits arena. (Annotation ©2007 Book News Inc. Portland, OR)

Handbook on ERISA litigation, 3d ed.

New to the third edition are case surveys by circuit, recent cases regarding breach of fiduciary duty, and expanded analysis of circuit court decisions concerning the standard of review for benefit claims cases. Each of the chapters was revised and updated. The sections on fiduciary and benefit claims litigation and that on ERISA litigation concerning managed care entities and claims have been expanded and revised. New developments in preemption analysis are described with regard to applications in state law claims. The handbook is published as a 3-ring binder. (Annotation ©2007 Book News Inc. Portland, OR)

Information technology and arbitration; a practitioner's guide.

In the earlier Online Dispute Resolution: Challenges for Contemporary Justice (2004), Schultz (law, Cambridge U., UK) and his then co-author examined dispute resolution processes that take place online and are in principle reserved for small and medium sized disputes originating in e-commerce transactions. In contrast, this work provides guidance on the application of information technology in traditional large arbitration settings, focusing on more commonplace IT applications such as online filing, case management websites, videoconferencing, and e-mails. He reviews the technologies that are available for arbitration, current practices, the legal framework, practice guidelines, and the drafting of arbitration agreements providing for IT solutions and procedural orders. The final chapter summarizes the preceding content in the form of checklists, reminders, and charts. Distributed in North America by Aspen Publishers, Inc. (Annotation ©2007 Book News Inc. Portland, OR)

Interviewing and investigating; essential skills for the paralegal, 3d ed.

Intended for paralegals in training but also useful as a professional reference, this comprehensive guide uses case studies, practical exercises, illustrations and examples to describe the best practices of interviewing and investigating. Parsons (law, Walters State Community College and Appalachian School of Law) covers ethical and professional responsibilities, the adversarial system and pre-filing investigation, formal discovery in civil and criminal litigation, rules of evidence, communication skills, planning an investigation, preparing for and conducting client and witness interviews, working with expert witnesses and seeking public and private sources of information. He includes federal rules of civil and criminal procedure and federal rules of evidence along with a list of resources for the investigators and a glossary. (Annotation ©2007 Book News Inc. Portland, OR)

International mediation; the art of business diplomacy, 2d ed.

Writing for international lawyers and managers, Carroll and Mackie provide a guide to the use of mediation to resolve international business disputes. They detail the characteristics of mediation and its place in business conflicts, its process, the skills of a mediator, the roles of the lawyer and commercial manager, cost, and alternatives. They present a section of cases and materials, including MEDAL rules, a sample agreement, and UNCITRAL Model Law. Incorporated throughout is information based on interviews and a questionnaire given to lawyers and managers of international companies and those the authors have worked with. This edition has more emphasis on the cases. There is no index. Carroll and Mackie are both internationally-practicing lawyers and mediators, and both were involved in the launch of the Centre for Effective Dispute Resolution in Europe. Distributed in North America by Aspen Publishers, Inc. (Annotation ©2007 Book News Inc. Portland, OR)

International securities markets; insider trading law in China.

Declaring insider trading in China to be a very serious issue and a major obstacle to the development of China's securities market, Huang (law, U. of New South Wales, Australia) examines the scope of the problem and identifies problems within China's regulatory regime, arguing that most of these problems are due to the adoption of underlying theories of insider trading liability from foreign sources without due criticism. He analyzes these theories on a comparative law basis and recommends that the equality of access theory and the Australian "information connection only approach" are better suited to Chinese circumstances. He also examines other issues, including the concept of materiality, the issue of when information becomes public, subjective elements of insider trading, and the issue of private civil liability for insider trading. Distributed in North America by Aspen Publishers, Inc. (Annotation ©2007 Book News Inc. Portland, OR)

An introduction to air law, 8th 2006 rev. ed.

Diederiks-Verschoor provides a concise survey of air law that provides basic insight on the subject, including discussion of its history and development, the Chicago Convention of 1944 and international civil aviation, European community legislation, the liability of the carrier under the "Warsaw System," and product liability. Further coverage is of air navigation, automation and airworthiness, surface damage and collisions, insurance, rights in aircraft, assistance and salvage, and penal law. This edition, originally based on a Dutch version, contains a new chapter on European law in the field of air transport; new cases from the US, UK, and other countries; and takes into account changes since 9/11. The book is aimed at practitioners, officials, business people, and academics. Distributed in North America by Aspen Publishers, Inc. (Annotation ©2007 Book News Inc. Portland, OR)