Cases and Materials on California Community Property

Author: Gail Boreman Bird

Publisher: West Academic

ISBN: 9780314264909

Category: Law

Page: 712

View: 4118

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Traces the historical development of the community property concept. Also introduces basic classification principles, including limitations on the classification process. The remaining chapters deal with the consequences flowing from the classification of property as community or separate, including management and control rights and responsibilities, creditors' rights, and distribution of property on the termination of the community. Further ramifications and problems are explored in the notes to the cases.

Cases and Materials on California Community Property

Marriage, Property, Code

Author: Jo Carrillo

Publisher: West Academic Publishing

ISBN: 9780314283726

Category:

Page: N.A

View: 8287

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This classic casebook on the California community property system contains carefully updated coverage of premarital agreements, transmutations, same-sex marriage, equal management and control, interspousal rights and remedies, and creditorsâe(tm) rights. Core chapters discuss the complexity that flows from classifying property as community or separate. Statutory provisions have been updated in the text and in the appendix. The teacherâe(tm)s manual has been completely revised.

Community Property in California

Author: Grace Ganz Blumberg

Publisher: Wolters Kluwer Law & Business

ISBN: 1454874805

Category: Law

Page: 864

View: 5916

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Written by a recognized expert on community property and family law issues in California, Grace Ganz Blumberg's comprehensive casebook prepares students for the California bar examination and equips them for California practice in the areas of divorce, decedents--estates, and debtor-creditor law. Community Property in California carefully balances cases, notes, questions, and problems for student comprehension. Because community property is a relatively narrow subject involving the interplay of state legislation and case law, the casebook is structured to encourage students to develop and refine their analytic skills and to enable professors to guide their students in doing so. Comparative text puts California law into context by including references to the Uniform Marital Property Act and the marital property chapter of the American Law Institute's Principles of the Law of Family Dissolution. Key Features: Recent developments in the law of transmutation including In re Marriage of Valli, which extended the reach of the transmutation statutes to spousal transactions with third parties, overruling prior case law. Resolution of the good-faith issue in putative spouse doctrine: A putative spouse need only have a subjective good faith belief that she is married. Ceja v. Rudolph & Sletten, Inc. Update on the constitutional right of same-sex couples to marry. Developments in judicial enforcement of the statutory disclosure rules at divorce.

Cases and Materials on Advanced Torts

Economic and Dignitary Torts : Business, Commercial, and Intangible Harms

Author: Dan B. Dobbs,Ellen M. Bublick

Publisher: West Academic

ISBN: N.A

Category: Law

Page: 751

View: 6826

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This advanced torts casebook covers all the major business and dignitary torts, including defamation, privacy invasions, disparagement, bad faith breach of contract, breach of fiduciary duty, conversion of economic values, interference with contract and economic opportunity, unfair competition, and others. It examines essential policy issues involving free speech, free competition, and the question whether contract trumps tort in commercial transactions. It also includes material on developing law, such as internet issues, SLAPP statutes and analogous free speech issues, and the Economic Loss Rule (or Rules).

Cases and Materials on Modern Antitrust Law and Its Origins

Author: Thomas D. Morgan

Publisher: N.A

ISBN: 9780314283436

Category: Law

Page: 953

View: 1138

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This text organizes cases over four periods: a 25-year period from 1890 to 1914, in which most of today's issues were foreshadowed; a 25-year period from 1915 to 1939, in which the 'rule of reason' forced courts to investigate the actual consequences of business practices; a 35-year period from 1940 to 1975, in which the per se rule and industry concentration provided the predominant models for analysis; and the modern period of now almost 40 years, which is a synthesis of the second and third periods. The new Fifth Edition retains enough of the first three periods to provide important intellectual and economic context, but it expands upon, even more fully, the recent developments of antitrust policy. All major Supreme Court authority is covered, including the 2013 Actavis 'reverse payments' and Phoebe Putney 'hospital regulation' cases, as well as the 2010 Merger Guidelines and developments in lower court treatment of tying, bundled pricing and mergers.

Cases and Materials on the Death Penalty

Author: Nina Rivkind,Steven Shatz,Justin Marceau,Sam Kamin

Publisher: West Academic Publishing

ISBN: 9781634590419

Category: Capital punishment

Page: 1125

View: 4380

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On this fourth edition, Nina Rivkind and Steve Shatz, the authors of the previous editions, are joined by two co-authors with extensive death penalty law experience: Sam Kamin and Justin Marceau, professors at the University of Denver Sturm College of Law. This edition includes eight principal cases decided since the third edition, including Cullen v. Pinholster, the Supreme Court's leading case on the scope of federal habeas corpus and Glossip v. Gross, the Court's latest decision on execution methods, one that produced a debate among four justices about the constitutionality of the death penalty itself. All notes have been updated to reflect recent case and non-case developments concerning the death penalty, and material has been added on the perspectives of victims' families and prison officials. This casebook is a comprehensive and up-to-date treatment of the Supreme Court's death penalty jurisprudence. Part I contains background information about the death penalty and the Court's seminal cases. Part II addresses constitutional challenges to various aspects of death penalty schemes. Part III considers the litigation of a capital case by examining the Court's constitutional decisions regarding the process as a whole and the penalty phase, in particular. Part IV covers issues arising after the death judgment, specifically, those arising on federal habeas corpus review of the death judgment and those concerning the execution itself. Part V reconsiders the death penalty in light of international norms and from the perspectives of victims' families, prison officials who administer the death penalty, and reformers.

Criminal Law

Cases and Materials

Author: Cynthia Lee,Angela P. Harris

Publisher: N.A

ISBN: 9780314282866

Category: Law

Page: 1015

View: 2055

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This text, the only criminal law casebook authored by two progressive female law professors of color, provides the reader with both critical race and critical feminist theory perspectives on criminal law while following a traditional format. All of the usual subject areas are covered, but the book is unique in highlighting the cultural context of substantive criminal law. The book seamlessly integrates issues of race, gender, class, and sexual orientation so the teacher who wishes to address such issues does not have to assign supplemental reading assignments in order to do so. The book is also very student-friendly, providing a brief doctrinal overview of the subject matter at the beginning of each chapter. The book does away with the tradition of long lists of notes and questions following the cases, a trademark feature of many older casebooks, putting this material in the Teachers Manual for the teacher to use at his or her discretion. The forthcoming third edition is fresh and innovative, referencing several ripped from the headlines controversies, including the shooting of Trayvon Martin by George Zimmerman and Florida's stand your ground law, the arrest of African American Harvard professor Henry Louis Gates, Jr. for disorderly conduct, the shooting of Larry King, a gender nonconforming teenager, by classmate Brandon McInerney and the gay panic defense, and the repeal of North Carolina's Racial Justice Act.

Cases and Materials on Federal Indian Law

Author: David Getches,Charles Wilkinson,Kristen Carpenter,Robert Williams,Matthew Fletcher

Publisher: West Academic Publishing

ISBN: 9781634599061

Category:

Page: 1179

View: 3265

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This federal Indian law casebook has an unprecedented focus on Native Nation-building, including cutting-edge materials on tribal economies and tribal justice systems unavailable elsewhere. The Seventh Edition retains classic material on the history of federal Indian law and policy, including the medieval origins of the "Doctrine of Discovery," and the shifting eras of Indian law leading to the current Nation-building era. The book covers the federal tribal relationship; tribal sovereignty and jurisdiction; Indian religion and culture; water rights; treaty rights; rights of Alaska natives and native Hawaiians; and international legal perspectives.

Property

Concise Edition

Author: Jesse Dukeminier,James E. Krier,Gregory S. Alexander,Michael Schill,Lior Jacob Strahilevitz

Publisher: Wolters Kluwer Law & Business

ISBN: 1454888016

Category: Law

Page: 720

View: 9179

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A concise edition of the legendary casebook, Property: Concise Edition, 2E is perfectly suited for use in a four-credit course. Jesse Dukeminier’s trademark wit, passion, and human interest perspective has made Property, now in its Eighth Edition, one of the best—and best loved—casebooks of all time. A unique blend of authority and good humor, you’ll find a moveable feast of visual interest, compelling cases, and timely coverage of contemporary issues.

Entertainment Law

Cases and Materials in Established and Emerging Media

Author: Sherri L. Burr

Publisher: West Academic

ISBN: 9780314184054

Category: Law

Page: 935

View: 2232

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Entertainment Law: Cases and Materials in Established and Emerging Media is an exciting new book that contains cases, interviews with celebrities and other materials that educates its readers about the complicated entertainment business. To capture first-hand knowledge of the entertainment business, Burr has interviewed widely throughout the United States, Australia, England, Germany, Spain, and Switzerland. The celebrities featured in this book include Academy Award and Grammy winners, as well as best-selling authors and TV stars. It opens with a chapter on the globalization of the entertainment industry and explains how mastering U.S. entertainment law helps qualify lawyers to work abroad.

Remedies

Author: Russell L. Weaver,Michael B. Kelly

Publisher: West Academic

ISBN: 9780314151568

Category: Law

Page: 344

View: 9467

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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.

Cases and Materials on Land Use

Author: David Callies,Robert Freilich,Shelley Saxer

Publisher: West Academic Publishing

ISBN: 9781634596879

Category:

Page: 1230

View: 3637

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The 7th edition is an update with significant new cases, notes and commentary in all subjects. It also includes an expanded introduction to new areas of land use regulation. New topics include form-based zoning, transit-oriented development, public-private partnerships, and community benefit agreements. Chapters on eminent domain, land development conditions, zoning (especially variances), federal lands, global warming, greenhouse gas emissions, renewable solar and wind energy, rainwater capture and conservation, green development standards, ripeness, finality and exhaustion of remedies, standing, statutes of limitations, and judicial review have all been updated.

Cases and Materials on Insurance Law

Author: Leo Martinez

Publisher: West Academic Publishing

ISBN: 9781634609760

Category:

Page: 970

View: 7124

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This edition contains extensive updates, with many new cases relevant for students anxious to acquire practical knowledge that they can quickly put to use when they enter the profession. In addition to new cases, the Eighth Edition has been edited to add notes dealing with a variety of cutting edge issues. For example, Chapter 4 includes mention of an empirical study regarding punitive damage awards that exceed single digit ratios and the underlying rationale for such results. Chapter 5 augments its coverage of multi-insurer allocation of liability with notes on New York's Viking Pump case and Louisiana's Arceneaux case. Chapter 7 adds to its discussion of stranger-owned life insurance with a short comment on stranger initiated annuity transactions.

Remedies, Cases and Materials

Author: Doug Rendleman,Caprice Roberts

Publisher: West Academic Publishing

ISBN: 9781683285717

Category: Remedies (Law)

Page: 1283

View: 9930

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Remedies Ninth teaches students how to traverse the complex territory of choice and measurement of plaintiffs' remedies. Accessible and readable decisions build on upper-level students' first-year courses in contracts, torts, property, constitutional law, and civil procedure. Remedies Ninth is organized to teach students how to choose and measure damages, injunctions, and restitution. It emphasizes the lawyer's tactics in addition to the court's decisions. It examines law and economics in selecting between tort and contract remedies. Remedies Ninth teaches the substance and remedies of unjust enrichment law with provocative cases and discussion of the Restatement (Third) of Restitution and Unjust Enrichment (A.L.I. 2011). New decisions in Remedies Ninth examine medical and emotional distress damages, the American attorney-fee Rule and the private-attorney-general exception, state constitutional limits on damages caps, the continuing impact of eBay v. MercExchange on injunctions, unconscionability in a contract to arbitrate, contractual limitations on recovery of damages, restitutionary disgorgement remedies for opportunistic breach of contract, and remedies for harm to pets.

Cases and Materials on Torts

Author: David Robertson,William Powers, Jr.,Olin Wellborn, III,David Anderson

Publisher: West Academic Publishing

ISBN: 9781634608671

Category:

Page: 616

View: 3116

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The casebook, which is organized along traditional doctrinal lines, teaches students how tort law works to resolve disputes in the real world of litigation and settlement negotiations. A teacher can start with intentional torts or with negligence. The first chapter is an overview of trial court procedure in tort cases; the second is a concise treatment of intentional torts and defenses; and the third introduces negligence law with a streamlined treatment of the core breach-of-duty/substandard conduct concept. Subsequent chapters treat the remainder of the prima facie case in negligence, the principal defenses to negligence liability, and some of the basic concepts entailed in multiparty litigation. The book's concluding chapters are basic coverage of medical malpractice, common law strict liability, products liability, and nuisance.

Civil Rights and Constitutional Litigation

Cases and Materials

Author: Charles F. Abernathy

Publisher: West Academic

ISBN: 9780314267870

Category: Law

Page: 974

View: 781

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The new 5th edition retains the statute-based focus of the original, guiding students through the rules, doctrines, and theories that apply to major litigation under the three generations of primary civil rights statutes (the original statutes, sections 1983, 1981, 1982, and 1985(3), with their emphasis on constitutional litigation; the revolutionary statutes of the 1960's and early 1970's, Title VII, Title VI, the Voting Rights Act, and section 504), and the evolutionary enactments after 1990 (the Americans with Disabilities Act, the Civil Rights Amendments of 1991, and the judicially-limited Violence Against Women Act). The 5th edition continues an emphasis begun in the 4th edition on legal realism and how the statutes respond to or fail to ameliorate real-life problems. The combination of statutory coverage and legal realism allows each professor to choose the topical areas and political viewpoints that he or she wishes to emphasize. In addition to widespread general updating, the new 5th edition significantly expands on prior editions with a new focus on Fourth Amendment litigation post-Scott, several new approaches both substantive and procedural -- to official immunity defenses, and new cases relating to the increasingly fractured sovereign immunity defense. In addition, a significant new sub-section explores the Supreme Court's attempt in the Ricci case to adjust the relation between disparate impact and disparate treatment analyses, highlighting its substantial impact on affirmative action concepts as well. Finally, the new 5th edition also covers the 2008 Amendments to the Americans With Disabilities Act and their significant alteration of the Court's previous attempts to restrict disability litigation. The new edition will also include any new decisions anticipated thro

Cases and Materials on Criminal Law

Author: Joshua Dressler,Stephen P. Garvey

Publisher: West Academic Publishing

ISBN: 9780314279828

Category: Law

Page: 1009

View: 9769

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This popular casebook, through the selection of classic and modern cases, provides an excellent tool for teaching students the common law foundations of the criminal law and modern statutory reform, including the Model Penal Code. Along the way, the casebook considers modern controversies (e.g., "shaming" punishment, rape law, self-defense by battered women, euthanasia, the role of culture in determining culpability), and creatively uses literature (e.g., examining insanity through Edgar Allen Poe's The-Tell Tale Heart) and even "brain teasers" to confront (as the Preface states) "the Big Questions . . . that philosophers, theologians, scientists, and poets, as well as lawyers, have grappled with for centuries." Professor Stephen Garvey (Cornell) joins the casebook beginning with this new edition. The Sixth Edition, as in the past, includes some new cases, as well as updates in the notes that bring current issues of criminal law to the fore.