Legal Drafting

George W. Kuney

This text provides a comprehensive and flexible teaching instrument for any course in legal drafting covering contracts, instruments, and legislation. It contains text, examples, and exercises that deal with both contract and statutory drafting - making the text suitable for a general drafting course, or one that focuses on contracts and instruments or on legislation. Most of the chapters have an end-of-the-chapter exercise that tests the student's knowledge of and ability to apply the materials. It also contains further drafting exercises that involve drafting or revising either specific provisions or entire contracts and statutes.

  • Imprint: West Academic Publishing
  • Format: Paperback
  • ISBN: 9781647084325
  • Publication Date: Sep 2021
  • Availability: In stock: Usually despatched within 5 working days

Leading Constitutional Cases on Criminal Justice, 2021

Lloyd L. Weinreb

The leader in its field, Leading Constitutional Cases on Criminal Justice is updated annually and includes all significant cases decided in the preceding Term of the Court. Cases are edited generously and presented in a simple, straightforward format, for use in courses on constitutional law and criminal justice. For the 2021 edition, citations that were unavailable for the previous edition have been supplied, and small corrections have been made. The 2021 edition will be published in August and will be available for fall classes.

  • Imprint: Foundation Press
  • Format: Paperback
  • ISBN: 9781647089047
  • Publication Date: Sep 2021
  • Availability: Temporarily out of stock: Usually despatched in 10-14 working days

Documents Supplement to Accompany International Intellectual Property, Problems, Cases, and Materials

Daniel C.K. Chow

This Supplement accompanies Chow and Lee's International Intellectual Property: Problems, Cases, and Materials. The new edition includes recent amendments and lists of members to the major international intellectual property agreements, European Patent Convention, and directives of the European Union.

  • Imprint: West Academic Publishing
  • Format: Paperback
  • ISBN: 9781636590509
  • Publication Date: Sep 2021
  • Availability: In stock: Usually despatched within 5 working days

Black Letter Outline on Federal Wealth Transfer Taxes

Kevin M. Yamamoto

Black Letter Outlines are designed to help a law student recognize and understand the basic principles and issues of law covered in a law school course. Black Letter Outlines can be used both as a study aid when preparing for classes and as a review of the subject matter when studying for an examination. Each Black Letter Outline is written by experienced law school professors who are recognized national authorities in their subject area.

  • Imprint: West Academic Publishing
  • Format: Paperback
  • ISBN: 9781647082826
  • Publication Date: Sep 2021
  • Availability: In stock: Usually despatched within 5 working days

Principles of The European Union Beyond BREXIT

Ralph H. Folsom

This advanced, detailed guide provides a comprehensive review of laws and policies of the European Union, including BREXIT and Beyond. Chapter 1 examines the history and growth of the European Union. Chapters 2 and 3 focus on critical EU processes behind lawmaking and litigation. Chapter 4 examines the free movement of goods, services, capital, and people (including mass migration). Chapter 5 covers a broad selection of internal EU business law regimes ranging from taxation to agriculture. The EU's complex external trade, foreign investment and customs law is analyzed in Chapter 6. Antitrust law and regulation of business agreements are covered in Chapter 7. The Treaty on European Union, the Treaty on the Functioning of the European Union, the EU Charter of Fundamental Freedoms, and a summary of the EU-UK 2021 Trade and Cooperation Agreement post BREXIT are reproduced in Appendices.

  • Imprint: West Academic Publishing
  • Format: Paperback
  • ISBN: 9781647083021
  • Publication Date: Sep 2021
  • Availability: In stock: Usually despatched within 5 working days

Principles of International Trade, Beyond Trump

Ralph H. Folsom

International Trade Beyond Trump commences with coverage of global trade economics, issues, and patterns, focusing particularly on World Trade Organization (WTO) and trade agreements in the disruptive Trump tariff war era, including Trump blockage of WTO dispute settlement. Coverage of customs, imports and exports, foreign corrupt practices, and trade remedy responses to import competition follow. Technology transfers across borders and free trade during the Trump presidency are detailed. Trade policy alternatives beyond Trump are discussed and highlighted as Biden Impacts throughout this book.Principles of International Trade Beyond Trump can be used in connection with any international trade or international business transactions coursebook, or on its own. Key international trade documents, citations and links are included.

  • Imprint: West Academic Publishing
  • Format: Paperback
  • ISBN: 9781647083045
  • Publication Date: Sep 2021
  • Availability: In stock: Usually despatched within 5 working days

The Impeachments of Donald Trump

Victoria F. Nourse

The Impeachments of Donald Trump: An Introduction to Constitutional Interpretation presents an accessible introduction to one of the nation's most searing constitutional confrontations between the President and Congress. The purpose of the book is two-fold: First, it provides a curated record of a constitutional moment of extraordinary importance in the history of modern democracy. As such, it can be used by any instructor wishing to add interest to constitutional law courses in or outside law schools, whether in departments of history, political science, or legal studies. Second, precisely because this event is important in understanding modern democracy, the book is pitched at a wider audience than standard legal texts, and can be used to teach the very basics of legal argument—how lawyers reason about the constitution—to undergraduates as well as first-year law students. Teaching constitutional reasoning can pose great difficulties when students are given ancient 18th-century materials with no apparent relevance to pressing issues in modern memory. Throughout the book, students are asked to consider the basic form of arguments in constitutional law: text, history, past precedent, future precedent, and democratic ethos. This book contributes to the growing literature addressing democratic constitutionalism—constitutional reasoning outside the courts. More importantly, it provides a lively—and exciting—context in which to teach legal reasoning for introductory courses on the Constitution.

  • Imprint: West Academic Publishing
  • Format: Paperback
  • ISBN: 9781647083496
  • Publication Date: Sep 2021
  • Availability: In stock: Usually despatched within 5 working days

Constitutional Law

Jonathan D. Varat

This casebook continues to focus primarily upon Supreme Court opinions and other primary documents, offering deep and wide coverage of almost all major areas of constitutional doctrine in a way very few other casebooks do. For decades, the distinctive pedagogical approach reflected in the book – its commitment to providing as much of the raw decisional, statutory and historical background material as is practical – has allowed teachers to structure constitutional law courses as they see fit, and has encouraged students to formulate their own generalizations directly from the materials. The book provides comprehensive coverage of all major traditional constitutional topics, including the role of the federal judiciary, separation of powers, federalism, the non-criminal provisions of the Bill of Rights, the Reconstruction Amendments (including all aspects of due process, equal protection, and congressional powers to enforce them), and the First Amendment's protections of freedom of speech, freedom of the press, and freedom of religion.Current through the presidential inauguration of Joseph Biden and the second impeachment trial of Donald Trump, the 16th edition contains notable updates, including expanded discussion of constitutional review outside of courts; reorganized and expanded discussions of the topics of Article III jurisdiction, executive authority and presidential immunity; reworked or updated treatments of takings, racial and partisan gerrymandering, offensive and commercial speech, compelled speech and freedom of association; and significant recent developments interpreting the First Amendment's prohibitions of religious establishment and interference with the free exercise of religion.

  • Imprint: Foundation Press
  • Format: Hardback
  • ISBN: 9781647083618
  • Publication Date: Sep 2021
  • Availability: In stock: Usually despatched within 5 working days

International Law

Jens David Ohlin

Ohlin's casebook is designed to offer a comprehensive treatment of public international law suitable for a one-semester, three-credit introduction to international law—by far the most popular format for teaching international law at a U.S. law school.Important features include:A clear explanation of how the methodology and doctrine of international is different from domestic law.Each chapter begins with a clear explanation of the legal doctrine and precisely highlights the areas where that doctrine is unsettled or contested.Each chapter ends with a conclusion that recaps the main points from the chapter. These bullet points also function as de facto learning objectives for each chapter so that students can assess whether they have mastered the key concepts in that area.Each chapter includes modular Problem Cases in shaded boxes which encourage students to apply the learned doctrine to contemporary controversies. The modular nature of these boxes gives the instructor the freedom to focus on, or skip, these Problem Cases.The second edition features discussion of new cases and events, including the following:Legal Consequences of the Separation of the Chagos Archipelago (self-determination)Urgenda Foundation v. Netherlands (climate change)Jesner v. Arab Bank (Alien Tort Statute)The Gambia v. Myanmar (standing to sue for genocide)Diplomatic controversy between U.S. and U.K. over the Anne Sacoolas/Harry Dunn car accident (diplomatic immunity)Breakdown of the WTO Appellate BodyExpanded materials on the law of occupationDiscussion of treaties with First Nations

  • Imprint: Foundation Press
  • Format: Hardback
  • ISBN: 9781647084172
  • Publication Date: Sep 2021
  • Availability: In stock: Usually despatched within 5 working days

Legal Writing

Kristen Konrad Tiscione

Designed for first-year law students in a legal research and writing course, this comprehensive text is grounded in rhetorical theory but written in accessible prose and a casual tone. The book welcomes students to law school, explains the difference between legal writing and other first-year courses, and suggests how to read cases and prepare for class. It addresses sources of law, hierarchy of authority, the research and writing process, forms of reasoning, and predictive and persuasive writing, with a focus on legal memoranda and appellate briefs. To provide faculty more flexibility in writing assignments, it includes chapters on email, opinion letters, bench memos, demand letters, complaints, motions, and supporting memoranda. Chapters include explanatory text, samples, and explanations of samples, as well as additional suggested reading. Samples throughout the book draw on the same client problem, making it easier for students to understand the differences among writing genres.Chapters on legal writing conventions, grammar and punctuation, figures of speech, and citation format (with references to the ALWD Guide to Legal Citation (6th ed.) and The Bluebook (21st ed.)), provide a "one-stop shop" for students and handy reference material for faculty. Unique chapters on giving oral advice and oral advocacy (including a chapter on public speaking and overcoming the fear of public speaking) complement the writing focus, helping students prepare for class exercises related to writing assignments, such as meeting with clients, reporting to supervisors, and oral argument. Several chapters include exercises with suggested answers in an appendix (e.g., questions on hierarchy of authority, research, legal reasoning, grammar and punctuation, and citation) and checklists for the research and writing process. As part of the Interactive Casebook Series, this book will be available in print or online, with interactive questions at the end of each online chapter for students to test their knowledge. The text is comprehensive enough to be used in an advanced legal writing course or writing seminar as well.About the Author: The author has litigation experience in BigLaw, as well as twenty-six years of teaching experience in the J.D. and LL.M. programs at Georgetown Law. Professor Tiscione has taught first-year legal research and writing; upper level legal writing seminars, including Law and Rhetoric; and Public Speaking for Lawyers. Her scholarship includes books and articles on legal writing in practice, rhetorical theory, law and rhetoric, and legal education. She has also served on the boards of the Association of Legal Writing Directors and Legal Writing Institute (and as President 2018-20) and on the editorial board of the Journal of the Legal Writing Institute.

  • Imprint: West Academic Publishing
  • Format: Paperback
  • ISBN: 9781647084202
  • Publication Date: Sep 2021
  • Availability: In stock: Usually despatched within 5 working days

Administrative Law Theory and Fundamentals

Ilan Wurman

Administrative Law Theory and Fundamentals: An Integrated Approach takes a formalist approach to administrative law while defending more of the administrative state than other formalist accounts. It proposes a theory of administrative power that better explains constitutional text and structure, as well as historical and modern practice. It argues that there are "exclusive" powers that only Congress, the President, and the courts can respectively exercise, but also "nonexclusive" powers that can be exercised by more than one branch. This theory of "nonexclusive powers" allows students and scholars of administrative law to make more sense of—or better critiques of—administrative concepts such as delegation, quasi-powers, judicial deference, agency adjudications, the chameleon-like quality of government power, and of the separation of powers more broadly.The casebook also innovates by more extensively discussing (and including in appendices) the 1852 steamboat legislation and the 1887 Interstate Commerce Act; deploying lessons of statutory interpretation as they arise in specific cases; interspersing online assessment questions for each chapter; and by including dedicated "debating" sections that excerpt from the secondary literature on the theory, values, and policy merits of contested doctrines such as deference, unitary executive power, the due process revolution, and universal injunctions. Finally, the book makes numerous organizational improvements, including by placing due process materials after Article III materials and restructuring materials on reviewability.

  • Imprint: Foundation Press
  • Format: Hardback
  • ISBN: 9781647084264
  • Publication Date: Sep 2021
  • Availability: In stock: Usually despatched within 5 working days

Family Law Across Borders

Melissa A. Kucinski

This casebook provides a comprehensive, accessible, and up-to-date analysis of family law from comparative and private international law perspectives. It emphasizes the need to examine complex cross-border family situations by comparing legal systems and understanding the jurisdictional overlay, with a particular focus on the United States. The casebook addresses some of the most intimate and legally complicated situations in which cross-border families find themselves, including the validity of foreign marriages, simultaneous divorce proceedings in multiple countries, the changing law in creating families using adoption and assisted reproductive technology, and how to remedy an international parental child abduction. In addition, the book dives into the importance of judicial assistance treaties and laws when understanding the legal issues, including the necessity to have proper service in a foreign country, obtaining evidence overseas, and authenticating foreign public documents. This book is a superb companion for law students and practitioners alike, and can readily be used in a traditional theory-based class and in practicum courses. It provides substantive material for a course on International Family Law, or can supplement a course on Family Law, International Law, or Comparative Law.

  • Imprint: West Academic Publishing
  • Format: Paperback
  • ISBN: 9781647084288
  • Publication Date: Sep 2021
  • Availability: In stock: Usually despatched within 5 working days

Practicing Bioethics Law

Leslie C. Griffin

Practicing Bioethics Law provides basic readings in the field of bioethics law, including court cases, statutes, administrative regulations, briefs, and law review and other academic articles. The text presents theoretical debates about the latest bioethical subjects as well as practice-based materials that expose students to a wide range of possible bioethics-related careers. The book's companion website provides practice documents, videos, pictures, scientific materials and other information that is too complex to include in a traditional casebook. The authors combined the book and the website so readers could learn more about the practice of bioethics law at the same time they are beginning to understand the theory and content of bioethics law. The second edition includes updated materials on the meaning of informed consent, death and dying, reproductive rights, the ways in which advances in genetics (including CRISPR) affect patent and other rights, genetic editing, and neuroethics, as well as discussions of the ways in which bioethics has been affected by the COVID-19 pandemic.

  • Imprint: Foundation Press
  • Format: Paperback
  • ISBN: 9781683288176
  • Publication Date: Sep 2021
  • Availability: In stock: Usually despatched within 5 working days

Contract and Related Obligation

Robert S. Summers

This casebook focuses on the rules and principles of contract law, as well as the lawyer's role in planning and drafting contracts. Chapter One traces a contract case from the agreement stage, to a breakdown in the parties' relationship, to a lawsuit, to a decision in the trial court, and finally to the appellate court's opinion. It includes supporting material, including the parties' agreement, a correspondence from the lawyer to the client, the complaint, a motion to dismiss, the answer, the trial judge's charge to the jury, the special verdict form, the trial judge's decision on motions after the verdict, and the appellate court opinion. These materials help students understand where cases come from and lawyers' various roles, including planning, negotiating, counseling, drafting, as well as litigating. Following the introduction, this casebook presents extensive material on the theory and practice of transactional planning and drafting, as well as additional materials from lawyers involved in the cases.The Eighth Edition offers comprehensive coverage of contract law theories of obligation, including bargain, promissory estoppel, unjust enrichment, and tort arising in the contract setting. This edition includes new cases and secondary sources on developing issues of contract law. In particular, the casebook introduces several new readings on electronic contracts, algorithmic contracting, and the relationship of contracting to public health. Many of the secondary readings have been condensed and summarized, and the overall book has been streamlined. The casebook retains its strength in traditional subjects such as good faith, parol evidence, gap filling, conditional obligation, and breach, but the Eighth Edition contains fewer pages (and one less chapter) than earlier editions and is suitable for a 4, 5 or 6 hour course.

  • Imprint: West Academic Publishing
  • Format: Hardback
  • ISBN: 9781684670154
  • Publication Date: Sep 2021
  • Availability: In stock: Usually despatched within 5 working days

Art Law in a Nutshell

Leonard D. DuBoff

Art Law in a Nutshell presents an overview of the legal issues concerning art. It covers the definition of art, and the theft and movement of art in wartime and peacetime. It examines the business of art for artists, dealers, museums, and collectors, including art as an investment, auctions, authentication, insurance, tax issues for artists and collectors, working artist issues, and aid to the arts. It also explains the intellectual property issues of copyright, trademark, moral rights and economic rights, right of publicity, and First Amendment freedom of expression rights. The latest introduction was written by a Ninth Circuit Court of Appeals judge who actually wrote at least one of the opinions discussed in the book.

  • Imprint: West Academic Publishing
  • Format: Paperback
  • ISBN: 9781684673278
  • Publication Date: Sep 2021
  • Availability: In stock: Usually despatched within 5 working days

Civil Procedure

A. Benjamin Spencer

The 6th Edition of Civil Procedure: A Contemporary Approach is designed to provide a clear and actively engaging presentation of civil procedure in a manner that enables both students and professors to assess learning success throughout the course.The Sixth Edition fully incorporates all amendments to the Federal Rules of Civil Procedure through December 1, 2020, as well as a few case law developments since the 2018 publication date of the Fifth Edition.Particularly noteworthy new cases that are included in this edition are the Supreme Court's recent decisions pertaining to arbitration: Lamps Plus, Inc v. Varela, 139 S. Ct. 1407 (2019) (courts may not infer from an ambiguous agreement that parties have consented to class arbitration); New Prime, Inc. v. Oliveira, 139 S. Ct. 532 (2019) (applicability of FAA's overage exclusion to be determined by court not arbitrator); Henry Schein, Inc. v. Archer and White Sales, Inc., 139 S. Ct. 524 (2019) (courts may not determine arbitrability if that decision has been delegated to the arbitrator under the agreement); and Epic Systems Corp. v. Lewis, 138 S. Ct. 1612 (2018) (FAA savings clause does not permit invocation of arbitration-specific defenses; NLRA does not provide basis for outlawing class action waivers in the labor dispute context).Developments in the class action area are included as well, including coverage of the 2018 amendments to Rule 23 as well as Supreme Court decisions in Nutraceutical Corp. v. Lambert, 139 S. Ct. 710 (2019) (Rule 23(f)'s 14-day deadline for appeal is not jurisdictional and is not subject to equitable tolling), and China Agritech v. Resh, 138 S. Ct. 1800 (2018) (no tolling of statute of limitations periods for putative class representatives who wait until the expiration of the limitations period to file class claims).Finally, this edition discusses recent developments with respect to personal jurisdiction jurisprudence, covering the emerging issue of personal jurisdiction over the claims of absent class members who lack any connection with the forum state, and the appropriate standard courts should use for determining whether a claim arises out of or relates to contacts with the forum state for purposes of specific jurisdiction. Both issues were before the Supreme Court at the time of publication of the Sixth Edition and will likely have been resolved by the time this edition is published.This edition, like the one that preceded it, integrates references to online assessment tools in the CasebookPlus™ platform. These consist of a bank of 300 multiple-choice questions that provide comprehensive assessment of the topics covered in this book, with detailed feedback consisting of explanations for both correct and incorrect responses. This feature provides an unparalleled opportunity to engage with the material actively as the course progresses and permits students and professors to determine the extent to which the material is being learned. The bank of questions also serve as excellent preparation for the civil procedure component of the Multistate Bar Exam.

  • Imprint: West Academic Publishing
  • Format: Hardback
  • ISBN: 9781684675494
  • Publication Date: Sep 2021
  • Availability: In stock: Usually despatched within 5 working days

A Short & Happy Guide to Employment Discrimination

Ann C. Juliano

If the phrase "in other words" is your favorite part of class, then this is the book for you. This book takes the complicated subject of Employment Discrimination and breaks it down to easily understood pieces. The Big Three statutes! The theories of liability! Defenses! Remedies! Procedures! It's all here with a summary at the end of each section and a comparison of the different theories of liability. You'll be a happier student by the end of the book.

  • Imprint: West Academic Publishing
  • Format: Paperback
  • ISBN: 9781684677092
  • Publication Date: Sep 2021
  • Availability: In stock: Usually despatched within 5 working days

Criminal Procedure

Russell L. Weaver

This state-of the-art casebook is both easy and fun to use. It is designed to give you the basis for an enjoyable, comprehensive learning experience for your students, providing you with the sort of piquing materials that should prompt interested and insightful classroom discussion. The focus here is on teachability, rather than encyclopedic coverage of the field. The classic Supreme Court opinions are included, as well as numerous problem-style hypotheticals that are based on the facts of cutting-edge lower court rulings. The casebook also uses text boxes inside the judicial opinions to pose questions for class discussion, provide practice pointers, and share useful links to information about the history and impact of the decisions. This mixed presentation of traditional doctrines and debates about current legal issues allows your students to hone their analytical skills, as they learn to construct the arguments of today's prosecutors and defense counsel in criminal procedure litigation.As with other books in the Interactive Casebook series, an accompanying electronic version allows students immediate access to the full text of cited cases, statutes, articles, and other materials in the Westlaw database.This book includes chapters 3, and 9-23 of the main volume.

  • Imprint: West Academic Publishing
  • Format: Paperback
  • ISBN: 9781684678815
  • Publication Date: Sep 2021
  • Availability: In stock: Usually despatched within 5 working days

Practicing Environmental Law

Todd Aagaard

Practicing Environmental Law brings the provocative challenges of environmental law practice into the classroom. The book covers the traditional subject matter of an environmental law course, but with an innovative practice-based approach. Each chapter is organized around a series of case study-style problems, which require students to address an environmental problem relying on a range of supporting materials. As students work through the book, they will develop an environmental justice advocacy strategy, decide whether to bring novel Clean Air Act litigation to address climate change, consider whether fireworks displays are point sources of water pollution, assess whether the Army Corps of Engineers must prepare an environmental impact statement for a new utility line, negotiate an enforcement settlement, and negotiate the contents of a landscape-scale habitat conservation plan—among many other exercises. In tackling these problems, students will review and use affidavits, administrative orders and guidance documents, biological opinions, white papers, letters, and other document types, in addition to many statutory and regulatory excerpts and court cases. In short, they will simulate the work that environmental attorneys actually do in practice. The casebook and the accompanying online self-assessment questions written by the authors teach the basics of environmental law and also help students gain deeper understanding of, and heightened enthusiasm for, a crucially important legal field.The new second edition of Practicing Environmental Law adds a short chapter on toxics regulation, updates the materials throughout the book to reflect recent legal developments, adds a new problem on using common law claims to address climate change, and streamlines and refines many of the existing problems.

  • Imprint: Foundation Press
  • Format: Hardback
  • ISBN: 9781684678990
  • Publication Date: Sep 2021
  • Availability: In stock: Usually despatched within 5 working days

Gilbert Law Summary on Criminal Procedure

Paul Marcus

A criminal procedure outline that highlights all of the key criminal procedure decisions from the U.S. Supreme Court in an easy-to-read and easy-to-understand format that includes check lists, visual aids, and practice exam questions (and answers) — both essay and short answer.Topics covered include: Fourth Amendment search and seizure — including arrests and other detentions; the exclusionary rule; confessions — including the rules established by Miranda v. Arizona and the Fifth Amendment privilege against compelled self-incrimination; and a discussion of trial rights — such as the right to a speedy trial, the right to trial by jury, and the right to counsel. The outline also discusses bail, the government's "Brady" obligations to disclose exculpatory evidence, the burden of proof, guilty pleas, sentencing, the death penalty, ex post facto issues, appellate rights, habeas corpus, prisoners' rights, double jeopardy, and juvenile offenders.The outline is an effective supplement to all criminal procedure textbooks, and standing alone provides a sound overview of all major constitutional criminal procedure issues.

  • Imprint: Gilbert
  • Format: Paperback
  • ISBN: 9781636590943
  • Publication Date: Sep 2021
  • Availability: In stock: Usually despatched within 5 working days