Aspen Publishers, Inc.
American civil procedure; a guide to civil adjudication in US courts.
Without going into deep analysis, this description covers every important feature of civil procedure in the federal and state courts of the US, and will be useful to lawyers, legal scholars, and students. It describes the historical foundations, current rules, general policies, normative principles, and future trends of the civil procedure of the US, citing recent cases affecting procedure. Areas covered include judicial organization, exercise of the legal profession, jurisdiction, due process standards, rules of evidence, enforcement of judgments, and arbitration. Oakley teaches law at the University of California-Davis. Amar is associate dean for academic affairs and professor of law at the University of California-Davis. (Annotation ©2009 Book News Inc. Portland, OR)
Arbitrability; international and comparative perspectives.
For arbitrators and other practitioners, Mistelis and Brekoulakis (transnational law and arbitration and international dispute resolution, Centre for Commercial Law Studies, Queen Mary, University London, UK) assemble 16 essays on issues related to the concept of arbitrability. Academics and practitioners from Europe and the US address the general features of arbitrability, its rationale, and applicable laws, and the contexts of administrative, criminal, corporate, intellectual property, financial, commercial, and criminal law. The volume originated in a conference held in September 2005, organized by the Hellenic Arbitration Initiative of the alumni of the School of International Arbitration. Seven of the chapters were first presented there. (Annotation ©2009 Book News Inc. Portland, OR)
Basic administrative law for paralegals, 4th ed. (CD-ROM included)
The updated fourth edition of this textbook for paralegal students includes up-to-date coverage of the field, as well as a variety of examples, study aids and visual aids, and exercises. Features of the fourth edition include coverage of recent cases and developments in administrative law, expanded explanations of the three government branches, accounts of real-life experiences of paralegals, additional emphasis on business skills required in a law office, up-to-date Web sites and screen shots, and additional end-of-chapter questions and activities. An updated electronic workbook is available on the included CD-ROM. The author's credentials are not noted. (Annotation ©2009 Book News Inc. Portland, OR)
Basic legal writing for paralegals, 3d ed.
Tailored to the specific needs of paralegal students, this text on effective legal writing offers a readable, accessible format, and guides the students through the writing process using the objective memo as a teaching tool. The text also introduces persuasive writing, and reviews the instruments and documents drafted by legal assistants. An overview of the legal system contextualizes the different types of writing covered in the text. A practical approach focuses on the paralegal's role in the law office, with many examples, exhibits, writing tips, exercises, and ethics alerts. Sections on grammar and organization, along with appendices on citation and sample legal memoranda, can serve for reference. Chapter summaries, key terms, and exercises are included. This third edition contains a revised chapter on case briefing, with additional exercises. The updated citation appendix reflects the 18th edition of the Bluebook and the 3rd edition of the ALWD Citation Manual, and includes new citation exercises. Information on the authors is not given. (Annotation ©2009 Book News Inc. Portland, OR)
Business organizations for paralegals, 5th ed.
The fifth edition of this textbook for paralegals has been expanded to include new discussion questions, case illustrations and Internet questions as well as updated coverage of the Revised Uniform Limited Liability Company Act, new trends in corporate governance and a review of the 2008 financial crisis. Bouchoux (law, Georgetown U.) discusses all aspects of business organizations such as operation and management, transferability of ownership, formation and dissolution, tax implications, LLPs, LLCs and the advantages and disadvantages of each type of organization. Common sample forms are included, and a companion website offers free access to Loislaw online legal research for four months. (Annotation ©2009 Book News Inc. Portland, OR)
Civil procedure; cases and problems, 4th ed.
Babcock (emerita, Stanford Law School), Massaro (U. of Arizona College of Law), Spaulding (Stanford Law School) present the fourth edition of their law school textbook on United States Federal Civil Procedure. Over the course of seven chapters, they discuss due process of law, constructing a civil lawsuit, discovery of the adversary's case, dispositions and adjudications, decision makers and decision models, more complex litigation, and ending disputes. For this new edition, they have extended treatment of the pleading process, primarily in light of recent Supreme Court cases; addressed the new style changes to the Federal Rules of Civil Procedure; provided deeper coverage of cases and readings on Rule 11 sanctions, sanctions in discovery practice, and issues surrounding the storage and disclosure of digital data; and increased discussion of emerging doctrines of transnational litigation. (Annotation ©2009 Book News Inc. Portland, OR)
Commercial real estate transactions handbook, 4th ed.
New to the 4th edition, the chapter on real estate loan transactions has been updated with opinion letters and a section about the ABA Statement on the role of customary practice. Bibliographies have been updated throughout the volume. The work is comprehensive in its coverage, with 19 chapters, including thorough treatment of construction contracts, title insurance, easements and other servitudes, and property and liability insurance and indemnities. ALTA policy and 2006 forms are discussed in detail, including recent endorsement forms for manufactured housing. The chapters were written by real estate lawyers who practice throughout the U.S. Published on loose-leaf pages and presented in a 3-ring binder. (Annotation ©2009 Book News Inc. Portland, OR)
Concise guide to paralegal ethics, 3d ed.
Examining ethical principles from the perspective of the practicing paralegal, this concise version of Ethics and Professional Responsibility for Paralegals covers all of the same subject matter, but in an abbreviated format, for use in shorter courses or in substantive courses where ethics is introduced. Each chapter begins with an overview, and contains key terms and margin definitions, review questions, hypothetical cases, discussion questions, and projects. Appendices provide the text of relevant ethical codes: the ABA Model Guidelines for the Utilization of Legal Assistant Services, the NALA Model Standards and Guidelines for the Utilization of Legal Assistants, and the NFPA Model Code of Ethics and Professional Responsibility. This third edition contains updated and new rules and cases. Cannon is affiliated with the Western Association of Schools and Colleges. (Annotation ©2009 Book News Inc. Portland, OR)
Corporations, 4th ed.
This study guide helps law students prepare for exams by summarizing major points of law and critical issues relating to corporations, as well as providing exam tips, and multiple-choice, short answer, and essay questions with answers. Emanuel (Harvard Law School) provides a more condensed study guide than the full-length Emanuel Law Outline that can be used in the last few weeks before the exam. Most principles have been reduced to a series of flow charts that are not included in the Outline. (Annotation ©2009 Book News Inc. Portland, OR)
Corporations, 6th ed.
Emanuel (Harvard Law School) offers a full-length study guide to the law relating to corporations that includes a summary of key concepts, a full course outline that can be used throughout the semester, short answer and essay questions and answers, exam tips, and correlations to leading casebooks. Coverage of partnerships and LLPs is included. This edition contains more on LLCs, information on the enforceability of exculpation clauses, and Delaware's case law on lock-ups and bidders and new case law on the derivative/direct-suit distinction. It also covers The Oracle case on how directors' social ties can prevent a Special Litigation Committee from being independent. (Annotation ©2009 Book News Inc. Portland, OR)
Directory of EC case law on direct taxation.
Barents, who is not further identified, presents extracts of the some 100 judgments by the Court of Justice relating to the consequences of the European Community treaty rules on free movement for direct taxation. The extracts are sorted by subject to provide legal practitioners a quick reference, but are not the same even as the summaries of the judgments, and certainly do not carry any legal authority. The arrangement risks obscuring the context of a particular case, he warns — another reason practitioners should use this reference more as an index than a source of information in itself. The case law of both courts is covered up to October 2008, when the English translations stopped being available. Among the topics are fiscal sovereignty and Community law, restrictions on free movement by tax measures, comparable and incomparable tax situations, and free movement and direct taxation of natural persons and of companies and shareholders. Distributed in the US by Ashgate Publishers. (Annotation ©2009 Book News Inc. Portland, OR)
A documentary companion to Storming the court.
This volume contains key litigation documents, and explanations of them, from Haitian Centers Council v. McNary, a high-profile human rights lawsuit filed by Yale law students on behalf of Haitian refugees detained at Guantánamo. Goldstein (law, New York Law School) recounts the story in his companion book Storming the Court: How a Band of Yale Law Students Sued the President — and Won (2005). Here, documents from the litigation are used to illustrate legal concepts and aid students in learning civil procedure from the beginning to the end of the process. Individual chapters on trial, appeal, and preliminary relief are provided. The book also includes new interviews with key participants portrayed in Storming the Court and photos of key individuals. Citron, one of the students who worked on the case, and Land are professors of law at Touro Law Center and New York Law School, respectively. (Annotation ©2009 Book News Inc. Portland, OR)
Enlargement of the European Union.
Tatham (attorney and educator) provides an introduction to the complexities of the expansion of the European Union (EU), related wider issues, and the relationship between EU institutions and the governments, legislatures, and judiciaries of candidate countries. The author uses a variety of perspectives to examine the EU's enlargement. The wide-ranging discussion covers such topics as institutional requirements for candidate countries, accession criteria and negotiations, the capacity of the EU to take in new member states, and a variety of historical detail. The author concludes from his analysis and the evidence he has assembled that the EU will be unable to be successful without continuing significant reforms. Distributed in North America by Aspen Publishers, Inc. (Annotation ©2009 Book News Inc. Portland, OR)
Family law; the essentials.
Baker (Chicago-Kent College of Law) and Silbaugh (law, Boston University) present a concise text for academics and students on the topic of family law. Themes discussed include the centrality of marriage and its multiple meanings, roles and role differentiation within couples, the role of the legal system regarding dependents, natural families and legal creations of family, sources of family law, family diversity and how the idealized image of a family influences doctrine, and the concept that there are actually two family laws — one for people with resources and one for people without them. (Annotation ©2009 Book News Inc. Portland, OR)
Hedge fund regulation in the European Union; current trends and future prospects.
For policy makers, supervisors, and academics, this volume examines hedge fund regulation in Europe. It discusses regulatory systems in Europe and to what extent the exclusion of hedge funds from harmonized European regulation is justifiable; whether their differences validate separate regulatory treatment; and whether EU-wide regulation is possible and in what form. It profiles the features of the contemporary global and European hedge fund markets; considers the conceptual underpinnings of regulation, their treatment under the law, and related initiatives and reflections of the European institutions; and outlines proposals for regulation, the conditions needed for their intended effects, and objections. Athanassiou is an attorney at the European Central Bank. (Annotation ©2009 Book News Inc. Portland, OR)
History of the common law; the development of Anglo-American legal institutions.
This is a textbook intended for use in an introductory course in Anglo-American legal history. Authors Langbein (law and legal history, Yale Law School), Lerner (law, George Washington U. Law School), and Smith (co-director, Illinois Legal History Program, U. of Illinois College of Law) explore the origins and development of the main legal institutions of Anglo-American law and discuss their distinctions from the European legal systems. The two major themes are the emergence and incessant transformation of the jury system, including judge/jury relations, across eight centuries of civil and criminal justice and the law-equity division from the emergence of the Court of Chancery in the 14th century down through the Judicature Acts of the 1870s and equity's "conquest" of common law in the Federal Rules of Civil Procedure of 1938. Other major themes include the development of the legal profession, the literature of the law, and legal education. Also discussed are the history of pretrial investigation, policing, trial, sanctions, and sentencing; the movement toward nonjury and nontrial resolution of cases in criminal and civil procedure; and such distinctly American developments as the elective bench, the student-edited law review, and the pervasive influence of race relations on the law of criminal procedure. Alongside the textual narrative, the authors also include historical documents and extracts from the historical literature in order to provide students with a look at some of the foundational documents of Anglo-American law and examples of the sorts of sources from which legal historians work. Some 200 images illustrate the work. (Annotation ©2009 Book News Inc. Portland, OR)
Immigration law in the workplace.
Published on loose-leaf pages and presented in a three-ring binder, this text presents the Department of Homeland Security's worksite enforcement program guidelines through August 2009, detailing both immigration employment benefits and employer compliance rules. Chapter topics include immigrant process and procedure; worksite enforcement compliance; electronic employment verification program; tax, including income tax treaties for a substantial list of foreign countries; technology and export limitations; and recruitment policies. The material is clearly presented and will be accessible to employers without prior knowledge of immigration law, offering descriptions and overviews of each segment discussed. The volume includes 23 appendices of forms, government referral notices, and other official materials. (Annotation ©2009 Book News Inc. Portland, OR)
Inside civil procedure; what matters and why.
This textbook on civil procedure for law students focuses primarily on federal courts and how to use the procedures as a practicing lawyer. Erichson (law, Fordham U.) Topics include subject matter and personal jurisdiction, venue, the Erie doctrine, pleadings and discovery, joinder, summary judgment and pretrial adjudication, trial, and appeals. Chapters include highlighted explanatory sidebars, FAQ sections and a table of cases cited. (Annotation ©2009 Book News Inc. Portland, OR)
International commercial arbitration; 2v.
This two-volume work is presented as a comprehensive description and analysis of the contemporary constitutional structure, law, practice, and policy of international commercial arbitration. The volume begins with international commercial arbitration agreements, describing the legal framework applicable to such agreements, the presumptive autonomy of international arbitration agreements, the law governing international arbitration agreements, the substantive and formal rules of validity relating to such agreements, the competence-competence doctrine, the legal effects of international arbitration agreements, the interpretation of arbitration agreements, and the legal rules for identifying the parties to international arbitration agreements. It then discusses international arbitration proceedings, addressing the legal framework, the selection and challenge of arbitrators, the rights and duties of arbitrators, the selection of the arbitral seat, the conduct of arbitral procedures, disclosure or discovery, provisional measures, consolidation and joinder, the selection of substantive law, confidentiality, and legal representation. Finally, the volume examines arbitral awards, discussing the legal framework; the form and contents of awards; the correction and interpretation of awards; actions to annul or vacate awards; the recognition and enforcement of international arbitral wards; and the application of principles of res judicata, preclusion, and stare decisis. The focus throughout is on international standards and practices, with particular attention given to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards, the European Convention on International Commercial Arbitration, and the Inter-American Convention on International Commercial Arbitration. (Annotation ©2009 Book News Inc. Portland, OR)
International human rights and indigenous peoples.
In this text, Anaya (Human Rights Law and Policy, University of Arizona) presents documents, scholarship, and original commentary dealing with the conditions of indigenous people around the world. Issues such as self-determination, collective rights and culture, and land and resources are presented in the context of actual cases, events, and circumstances. The author discusses the international institutions that promote and protect indigenous peoples' rights and lays out the practical and strategic reasons for protecting these rights. Contents also include the contemporary international documents concerning indigenous peoples and an overview of the history that underlies contemporary developments. (Annotation ©2009 Book News Inc. Portland, OR)
An introduction to the American legal system, 2d ed.
For undergraduate students in political science, sociology, criminal justice, legal studies, and paralegal programs, this introductory text outlines the history and structure of the American legal system. John Scheb, a former judge at Florida's Second District Court of Appeal, and John Scheb II (political science, U. of Tennessee, Knoxville) introduce basic concepts, principles, and procedures, including constitutional, criminal, contract, business, family, and procedural law. This edition has more coverage of torts and property law, new appendices on how to find the law and how to brief a case, information on recent developments related to the USA PATRIOT Act and international terrorism, and new Supreme Court decisions. (Annotation ©2009 Book News Inc. Portland, OR)