Aspen Publishers, Inc.

Legal writing and analysis, 2d ed.

For students, Edwards (Mercer U.) details the process of writing legal memos, professional correspondence, and legal briefs. The volume follows the traditional legal writing course syllabus. After explaining the legal system and lawyer's roles, she covers working with raw material for analysis, organizational formats for communicating the analysis of a legal question (IRAC or CRAC structures), the components of documents, citation and style, and oral arguments. Core chapters are followed by optional chapters for more in-depth study. Sample letters, memos, and briefs are included in the appendices. This edition contains an additional format option for drafting a Question Presented, it has been reorganized, and citation and quotation material has been revised to match current editions of the ALWD Citation Manual and the Bluebook. (Annotation ©2007 Book News Inc. Portland, OR)

Multilingualism and the harmonisation of European law.

Pozzo and Jacometti present a collection of essays originally delivered as papers at a conference held in Como, Italy, in April 2005, which examine the problem of the harmonization of the law of contracts in Europe, given the profound differences which exist between the various legal systems and the 21 official languages of the Member states. Sixteen contributions by 17 European legal practitioners and scholars consider a number of major issues including terminologies of rights and remedies, the role of the European Court of Justice as interpreter, multilingualism in parliamentary practice, the role of the European Commission's legal revisers, and translation at the European Court of Justice. For local and international practitioners and scholars concerned with all branches of European law. No subject index. Distributed in North America by Aspen Publishers, Inc. (Annotation ©2007 Book News Inc. Portland, OR)

National interest and international aviation.

The formulation of airline regulations, believes the author (a former air transport negotiator for the US government), must be premised on the following premises: a functioning aviation system is a vital national interest of the modern state, the safeguarding of this national interest requires international cooperation and international regulatory standards, and technological innovation necessitates constant review and adaptation of regulatory standards. Based on these premises, he conducts a review of airline regulation issues important to national interest as seen from the perspectives of airlines, consumers, the European regional market, the Euro-American Atlantic market, and air security. Distributed in North America by Aspen Publishers, Inc. (Annotation ©2007 Book News Inc. Portland, OR)

OSHA training guide for the construction industry.

Occupational Health and Safety Association regulations are organized into practical training modules in this guide. Introductory material describes the training process in detail, including information on training the trainer and team building. Subsequent chapters contain training materials for back safety, fall protection, electrical safety, hazard communication, scaffolds, and demolition safety, among other topics. The materials are a model of organization and are printed on looseleaf paper for ease of copying (contained in 3-ring binder). Oversized (10.5x11.5 inches), the volume is not indexed. (Annotation ©2007 Book News Inc. Portland, OR)

Payment systems; examples & explanations, 3d ed.

Brook (law, New York Law School) explains the law covering modern payment systems governed by Articles 3, 4, and 4A of the Uniform Commercial Code and various federal regulations. Chapters are in sections on the basic law of negotiable instruments, the holder in due course, the check collection system, the bank-customer relationship, problems of theft, forgery, and alteration, and the consumer and commercial contexts of electronic means of payment. In each chapter, introductory text is followed by a set of case examples and then by explanations of questions and issues raised in the examples. Students are encouraged to work through the examples on their own before reading the explanations. The book can be used as a supplement or a workbook in a course devoted to payment systems, or in a survey course on commercial transactions. (Annotation ©2007 Book News Inc. Portland, OR)

Persuasive written and oral advocacy in trial and appellate courts, 2d ed.

One could believe that the primary objective in legal writing is to bore the opposition to death or send them running, but practitioner Fontham and his co-authors (both law, McGeorge School of Law) hold out hope that lawyers and related professionals can actually communicate persuasively. This edition, which includes expanded material on new technologies and oral argument via video conferencing, gives detailed coverage of both trial motion and appellate practice and also offers a number of exercises and examples. They cover the basics, from getting started to writing for clarity, and proceed to the finer points of editing and applying the law. They describe preparing and presenting oral arguments, preparing memoranda and research memoranda, taking and appeal, applying the standards of review, preparing appellate briefs and working through writ applications, petitions for rehearing and appellate motions. (Annotation ©2007 Book News Inc. Portland, OR)

A practical guide to legal writing & legal method, 3d ed.

In this update of the 1994 edition of a classic in the field first published in 1981, Dernbach (Widener U. School of Law; government law practice) and the coauthors introduce first-year law students to sources of law, case and statutory analysis, and the basic concepts of legal rules, methods, legal writing through updated examples, summary charts, and exercises. Though many examples are based on legal memoranda, the guidelines also apply to briefs and other legal documents. Appendices include sample documents concerning a dispute in regard to a claim for negligent misrepresentation. (Annotation ©2007 Book News Inc. Portland, OR)

Pretrial advocacy; planning, analysis, and strategy, 2d ed. (CD-ROMs included)

Berger (law, Seattle University School of Law) supplies a conceptual and practical text/DVD/CD-ROM package with role-play assignments for both civil and criminal cases. This second edition reflects technical, technological, and strategic changes that have taken place in the field over the past 20 years, such as the extensive use of experts, the increasing importance of non-litigation dispute resolution, and changes in doctrine. Early chapters present various skills and examples on pretrial topics such as negotiation, interviewing, and discovery. Performance exercises, grouped together at the end of the book for this edition, simulate different adversarial practice situations, such as the plaintiff's interviews with witnesses, the defendant's motion to compel discovery, and the plaintiff response. Discussion questions can be used for in-class discussions or written assignments. The performance exercises are all based on a civil and a criminal case: State v. Hard, and Summers v. Hard. The companion CD-ROM contains case files for the two cases, featuring searchable pleadings, expert reports, witness statements, and other documents. The DVD contains incident scenes, deposition demos, and sample computer graphics for settlement and court presentations. Students can also access a web site with pretrial advocacy articles and links to software. (Annotation ©2007 Book News Inc. Portland, OR)

Professional responsibility; examples & explanations, 2d ed.

Wendel (law, Cornell U.) provides a text for law students on professional responsibility and legal ethics. The relationship to the American Bar Association's Model Rules of Professional Conduct are considered, as well as other sources of law and the theory and policy underlying laws governing lawyers. He addresses the attorney-client relationship, perjury and client fraud, conflicts of interest, and the organization and regulation of the legal profession, including legal organizations and advertising and the soliciting of clients. (Annotation ©2007 Book News Inc. Portland, OR)

Restrictive covenants in employment contracts and other mechanisms for protection of corporate confidential information.

Inspired by a panel discussion at September 2005 meeting of the International Bar Association, these 13 contributors from five continents answer questions based upon a single case study about how their country handles restrictive covenants and reducing the possibility they will be competing against former employees. The answers range widely from injunctions as remedies as well as civil and criminal action in Argentina to hiring private investigators in Canada to issues of right-to-work in Mexico. Other nations represented include Denmark, England and Wales, France, Germany, India, Italy, the Netherlands, New Zealand, the People's Republic of China and the US. This should prove useful to legal practitioners and human resource professionals. Distributed in North America by Aspen Publishers, Inc. (Annotation ©2007 Book News Inc. Portland, OR)

Strategies for creditors in bankruptcy proceedings, 5th ed.

Neither a legal treatise nor a "cookbook," this strategy manual examines the world of bankruptcy from the perspective of the lawyer and the client, presenting plans for representation of the major types of creditors in the main types of bankruptcy cases. The strategic perspective, according to the authors, "recognizes that even after the debtor is in financial difficulty, the 'facts' remain malleable and outcomes are in large part a function of the quality of one's legal strategy." This fifth edition reflects the latest cases and legislation in the field, presented in a structure almost identical to the fourth edition, with material organized by type of creditor and context. Chapters for novices cover the nature and purposes of bankruptcy and procedures under chapters 7, 11, and 13 of the Bankruptcy Code. Readers comfortable with their general knowledge of bankruptcy can begin with one of the 13 chapters on representation of particular types of claimants, secured and unsecured creditors, and lessors. The book is written to be accessible to sophisticated client as well as their lawyers. LoPucki teaches law at the University of California-Los Angeles Law School. Mirick's private law practice focuses on bankruptcy. (Annotation ©2007 Book News Inc. Portland, OR)

Tax law in Japan, 2d ed.

Otsuka, a specialist in international taxation, provides a guide to navigating the complex tax regime associated with foreign investment in Japan. After a brief introduction to Japan's constitutional background, public finance, and major taxation areas, sections cover general tax codes and other general tax regulations, and domestic and international aspects of the National Tax Act. The book is of interest to international tax practitioners and business persons contemplating transactions with Japanese parties. Otsuka is a member of both the New York Bar and the Daini Tokyo Bar associations. (Annotation ©2007 Book News Inc. Portland, OR)

The torts process, 7th ed.

Henderson (law, Cornell University Law School) takes a process perspective in this casebook for law students, integrating discussion of tort theory, policy issues, and ethical considerations with an understanding of the role of the lawyer, the trial judge, the jury, and the appellate court in resolving tort claims. A variety of cases and commentaries are presented, and problems challenge students to apply their doctrinal understanding to concrete circumstances. For this seventh edition, the former Chapter 3 has been divided into two chapters: duty of care and proof of breach, and proximate causation, special categories of nonrecovery, and defenses. There is also a new chapter on international and comparative aspects of tort law, and revised material on liability insurance. (Annotation ©2007 Book News Inc. Portland, OR)

United States and international sales, lease, and licensing law; cases and problems.

Hull (law, Loyola Law School) provides a text for a comparative sales law course that compares US law governing sales of goods (the Uniform Commercial Code) to international sales law (the Convention of Contracts for the International Sale of Goods). Chapters are in sections on sales of goods, and leases of goods and licenses of information. Material is organized in the order in which questions would be considered by a lawyer, focusing first on choice of law, then on contract formation, followed by determination of terms, performance, and remedies. Material on third parties involved in the sales transaction and on leases and licenses has been separated to make it easier for instructors to pick and choose topics. On most topics, an edited case is followed by problems designed to explore the topic further. Most of the book's problems are based on actual decided cases, and citations to those cases are provided. (Annotation ©2007 Book News Inc. Portland, OR)

United States securities law; a practical guide, 3d ed.

Writing for lawyers, managers, and bankers, Bartos, a partner in an international law firm, overviews US security law from the perspective of a non-US participant. Coverage includes public offerings, offerings exempt from US Securities and Exchange Commission (SEC) registration, the 1934 Act registration and integrated disclosure requirements, mergers and acquisitions, market regulators and market participants, and financial instruments. Footnotes have been kept to a minimum, and technical references to statutes and rules mentioned in the text have been omitted. For readers wishing to explore certain topics in depth, certain key cases, SEC releases, and no-action letters have been cited. This third edition is updated to reflect recent reforms and corporate governance developments. (Annotation ©2007 Book News Inc. Portland, OR)

Whose Monet?; an introduction to the American legal system.

Humbach (law, Pace University School of Law) presents a 1987 case regarding disputed ownership of a painting by French Impressionist Claude Monet, as a way for beginning law students to understand how the American legal system works, become familiar with basic concepts of civil litigation, and gain experience reading and briefing cases and deciphering case files. Readers are exposed to a variety of materials, including judicial opinions, litigation papers, and selections from commentators. Fictional material has been added to the actual case in order to incorporate information on jury trials. As the author notes, "For the sake of easier readability, these textual modifications (which occur mainly in the opinions' introductory and conclusory paragraphs) have generally not been indicated. Other than introducing the jury trial and related trial-level motions, the procedural course and substantive outcomes in the case follow the original." There is no subject index. (Annotation ©2007 Book News Inc. Portland, OR)