Contract Law and Theory

Author: Eric A. Posner

Publisher: Aspen Publishers

ISBN: 9781454869511

Category: Law

Page: 260

View: 3561

DOWNLOAD NOW »
Contract Law and Theory, Second Edition conveys a grasp of theory and policy that makes all of the contract rules easier to understand. By explaining and applying contract theory to a wide range of contracts cases, Eric Posner reveals not only the "what" of doctrine but also the "why" -- why one rule rather than another makes sense from a policy perspective. An understanding of what contract theory is and how it is applied will help you to understand not only Contracts, as taught in law school, but also the many areas of law in which contractual ideas operate, such as bankruptcy law, secured transactions, and corporate law. An exciting new Student Treatise from an eminent authority, Contract Law and Theory, Second Edition features: Complete coverage of contracts that includes the principal cases covered in most first-year contracts courses A general explication of the rules of contract that begins with the simplest ideas and gradually builds in complexity A consistent emphasis on the application of theory to doctrine, through analysis of a rich selection of cases A readable and expert treatment of the role of economics in contract law Illustrative examples that point to noteworthy cases Suitability for use alongside any casebook

Aspen Student Treatise for Contract Law and Theory

Author: Eric A. Posner

Publisher: Wolters Kluwer Law & Business

ISBN: 1454876514

Category: Law

Page: 260

View: 1447

DOWNLOAD NOW »
Contract Law and Theory, Second Edition conveys a grasp of theory and policy that makes all of the contract rules easier to understand. By explaining and applying contract theory to a wide range of contracts cases, Eric Posner reveals not only the "what" of doctrine but also the "why" -- why one rule rather than another makes sense from a policy perspective. An understanding of what contract theory is and how it is applied will help you to understand not only Contracts, as taught in law school, but also the many areas of law in which contractual ideas operate, such as bankruptcy law, secured transactions, and corporate law. An exciting new Student Treatise from an eminent authority, Contract Law and Theory, Second Edition features: Complete coverage of contracts that includes the principal cases covered in most first-year contracts courses A general explication of the rules of contract that begins with the simplest ideas and gradually builds in complexity A consistent emphasis on the application of theory to doctrine, through analysis of a rich selection of cases A readable and expert treatment of the role of economics in contract law Illustrative examples that point to noteworthy cases Suitability for use alongside any casebook

Reconstructing Contracts

Author: Douglas G. Baird

Publisher: Harvard University Press

ISBN: 0674073584

Category: Law

Page: 182

View: 5730

DOWNLOAD NOW »
Douglas Baird takes stock of the current state of contract doctrine and in the process reinvigorates the classic framework of Anglo-American contract law, showing that Oliver Wendell Holmes’s set of principles, properly understood, continue to provide the best guide to contracts for a new generation of students, practitioners, and judges.

Contracts

Cases, Discussion and Problems

Author: Brian A. Blum,Amy C. Bushaw

Publisher: Wolters Kluwer Law & Business

ISBN: 1454887141

Category: Law

Page: 1072

View: 4674

DOWNLOAD NOW »
Contracts: Cases, Discussion, and Problems, Fourth Edition is known for its strikingly clear, straightforward text that illuminates cases as well as concepts and theory. The book focuses on modern cases to expose students to contemporary contract law, but it also includes many important or iconic older cases. The cases are set in context by extensive author-written explanatory text. Insightful questions draw attention to difficult and crucial aspects of the law and prompt vigorous class discussion. Numerous problems, ranging from simple to complex, supplement cases and introduce topics taught most effectively through problems. The casebook’s traditional organization begins with formation and then corresponds to the sequence followed by the Restatement (2nd) of Contracts and treatises. Its concise, efficient presentation results in an optimum length for the course. Procedural issues are highlighted when presented by the cases and transactional issues such as drafting, client counseling, and negotiation are raised through the use of questions and small exercises throughout the text. Strengthening the text’s focus on contemporary methods of contracting, modern issues in standard contracts are explored along with contracts entered into electronically. International and comparative material offers alternative approaches for students to consider, such as those taken by the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the UNIDROIT Principles of International Commercial Contracts.

Contract Law

A Case and Problem Based Approach

Author: Marco J. Jimenez

Publisher: Wolters Kluwer Law & Business

ISBN: 1454877251

Category: Law

Page: 1456

View: 8039

DOWNLOAD NOW »
Contract Law: A Case & Problem-Based Approach provides an organizational structure that introduces students to each major area of contract law before exploring these areas in greater depth later in the casebook. Specifically, the casebook is broken into three major parts, each of which is designed not only to orient the students to the major subject areas of contract law, but is also meant to help them appreciate the connections and relationships between and among these subject various areas. Short problems and drafting exercises are included throughout the book to test the students’ understanding of material presented in the casebook and during classroom discussion. Additionally, included in the text are “thinking tools,” which are designed to help the student think critically about the law, along with theoretical, historical, doctrinal, contextual, and practice-oriented notes to enrich the students’ black-letter experience. Key Features: Three-part design allows students to gain an appreciation of all parts of contract law and • Brief introductions before each major section, along with thought questions designed to guide the students’ reading. Short problems and drafting exercises throughout the book to test the students’ understanding of material presented in the casebook and during classroom discussion. “Thinking tools,” designed to help the student think critically about the law, along with theoretical, historical, doctrinal, contextual, and practice-oriented notes to enrich the students’ black-letter experience. A healthy balance of classic and modern cases to illustrate major contract law concepts.

Business Organizations

Author: J. Mark Ramseyer

Publisher: Wolters Kluwer Law & Business

ISBN: 9781454876625

Category:

Page: N.A

View: 4542

DOWNLOAD NOW »
Elegantly written, thoughtful and often amusing, the second edition of Business Organizations analyzes the law of business organizations: corporate law, partnership and LLC law, agency, and selected aspects of securities regulation. In clean, uncomplicated prose, the text offers a clear and thoughtful overview of Business Organizations, explaining the structure of the law itself, placing it within an historical context, and outlining its economic effect. By integrating basic principles of business and finance in an unintimidating, uncomplicated manner, the text engages readers who have either an elemental or a sophisticated grasp of economics. Various pedagogical features support learning and facilitate use, such as the overview in each chapter, discussion of all the principal cases, extensive use of hypothetical examples, and more.

The Dignity of Commerce

Markets and the Moral Foundations of Contract Law

Author: Nathan B. Oman

Publisher: University of Chicago Press

ISBN: 022641566X

Category: Law

Page: 304

View: 2923

DOWNLOAD NOW »
Why should the law care about enforcing contracts? We tend to think of a contract as the legal embodiment of a moral obligation to keep a promise. When two parties enter into a transaction, they are obligated as moral beings to play out the transaction in the way that both parties expect. But this overlooks a broader understanding of the moral possibilities of the market. Just as Shakespeare’s Shylock can stand on his contract with Antonio not because Antonio is bound by honor but because the enforcement of contracts is seen as important to maintaining a kind of social arrangement, today’s contracts serve a fundamental role in the functioning of society. With The Dignity of Commerce, Nathan B. Oman argues persuasively that well-functioning markets are morally desirable in and of themselves and thus a fit object of protection through contract law. Markets, Oman shows, are about more than simple economic efficiency. To do business with others, we must demonstrate understanding of and satisfy their needs. This ability to see the world from another’s point of view inculcates key virtues that support a liberal society. Markets also provide a context in which people can peacefully cooperate in the absence of political, religious, or ideological agreement. Finally, the material prosperity generated by commerce has an ameliorative effect on a host of social ills, from racial discrimination to environmental destruction. The first book to place the moral status of the market at the center of the justification for contract law, The Dignity of Commerce is sure to elicit serious discussion about this central area of legal studies.

Contracts

Cases and Doctrine

Author: Randy E. Barnett,Nathan B. Oman

Publisher: Wolters Kluwer Law & Business

ISBN: 1454885645

Category: Law

Page: 1248

View: 4591

DOWNLOAD NOW »
Contracts: Cases and Doctrine, Sixth Edition, features a mix of lightly-edited classic and contemporary cases that stresses current contract doctrine along with the essential lawyering skill of case analysis—how to sift through the facts of the case to discern the prevailing rules and theory. Randy Barnett and Nate Oman’s innovative text introduces each case and provides the historical background of the iconic cases that make the study of contract law engaging. Study Guide questions help students identify salient issues as they read each case. Judicial biographies of each judge provides additional context. Key Features of the New Edition: The 6th Edition has been edited to make it even more modular and therefore easier for professors to select which doctrines to cover. The introductory materials have been shortened to permit a speedier entry to whichever basic doctrine the professor chooses to begin with. A new section on public policy defenses has been added. Recent developments involving arbitration agreements in the wake of the Supreme Court’s AT&T Mobility case are also covered. In addition, roughly a dozen new cases have been substituted, chosen for their interesting facts or their proven pedagogical usefulness. As always, every effort is made to provide students with background materials on the litigation, such as new judicial biographies and excerpts from recently published scholarship dealing with the cases covered. New cases include: Jordan v. Knafel Arnold Porter v. Fuqua Industries Nguyen v. Barnes & Noble Inc. Also, in keeping with the book’s focus on the “classic” cases we have included some iconic cases missing from earlier editions, including: Masterson v. Sine Security Stove & Manfacturing Co. v. American Railway Express Lefkowitz v. Great Minneapolis Surplus Store Lawrence v. Fox Harris v. Watson

Understanding Criminal Law

Author: Joshua Dressler

Publisher: Carolina Academic Press LLC

ISBN: 9781531007911

Category: Criminal law

Page: 648

View: 2992

DOWNLOAD NOW »
This comprehensive and clearly written Understanding treatise is frequently cited by scholars and courts in their analysis of substantive criminal law, and has been a popular source of assistance to criminal law students for the past quarter century. Understanding Criminal Law is designed to be taught in conjunction with any casebook. The topics covered are those most often raised in criminal law casebooks, and coverage of these subjects is meant to complement professors' classroom discussions. The text focuses on the basic elements of, and defenses to, all crimes; provides in-depth coverage of such crimes as homicide, rape, and theft; and covers other important topics covered in the Criminal Law course, such as accomplice and inchoate liability. Understanding Criminal Law also covers theories of punishment, sources of the criminal law, and overarching principles such as legality and proportionality. The common law is emphasized with extensive comparisons to the Model Penal Code and modern statutes. This edition offers the most significant updating ever, including coverage of quickly-changing legal areas, such as sexual assault and self-defense law. Recent and ongoing revisions to the Model Penal Code are also covered.

Negotiation

Theory and Strategy

Author: Russell Korobkin

Publisher: Wolters Kluwer Law & Business

ISBN: 1454846100

Category: Law

Page: 528

View: 7776

DOWNLOAD NOW »
Unlike other books that focus on the nuts-and-bolts of the negotiation process, this text’s conceptual approach draws on psychology, cutting-edge scholarship, and law to create an analytical framework with which students can learn to think about negotiation strategy before applying the framework to specific negotiation problems and contexts. Features: Restructured treatment of the psychology of persuasion Part III framed to emphasize the critical importance of the relationship between negotiators Treatment of “trust” expanded with more discussion of extensive experimental data New treatment of the how to deal with the negative emotions that result from conflict Completely new simulations added to reinforce bargaining zone analysis, persuasion techniques, coping with emotions, and principal-agent relationships in negotiation

Civil Procedure

Theory and Practice

Author: Linda J. Silberman,Allan R. Stein,Tobias Barrington Wolff

Publisher: Wolters Kluwer Law & Business

ISBN: 1454888695

Category: Law

Page: 1296

View: 8351

DOWNLOAD NOW »
Using the Socratic method, Civil Procedure: Theory and Practice, Fifth Edition helps students develop strategic, critical thinking with introductory text, examples, and hypotheticals that equip them for the challenges of practice. Sophisticated, yet straightforward, the text strikes an important balance by providing clear exposition while requiring work to achieve deeper insights. An opening chapter gives an overview of the entire process, using real pleadings and discovery materials in the landmark N.Y. Times v. Sullivan case. The innovative “Anatomy of a Litigation” case study chapter systematically leads students from pleadings to verdict, using leading cases to deepen the connection between the classroom and the courtroom. Civil Procedure: Theory and Practice covers the full range of topics, including in-depth treatment of personal and subject-matter jurisdiction, joinder, preclusion, and alternative dispute resolution.

Casebook on Contract Law

Author: Professor of Commercial Law and Deputy Director of the Centre for Legal Research Jill Poole

Publisher: Oxford University Press

ISBN: 0198732813

Category:

Page: 832

View: 8319

DOWNLOAD NOW »
Jill Poole's bestselling Casebook on Contract Law provides students with a comprehensive selection of case law, addressing all aspects of the subject encountered on undergraduate courses. Extracts have been carefully chosen from a wide range of historical and contemporary cases to illustrate the reasoning processes of the courts, and to show how legal principles develop. Cases can either be analysed and discussed in isolation or, taken as a whole, the selection of cases form chapters providing a structured overview of the modern law of contract. Online Resource Centre The casebook is fully supported by an Online Resource Centre, which provides: - Self-test questions and answers - Guidance on answering questions in contract law - Exercises and guidance on reading cases - An opportunity for students to ask the author any questions

Contracts

Author: Edward Allan Farnsworth

Publisher: Aspen Law & Business

ISBN: 9780735526426

Category: Law

Page: 940

View: 8250

DOWNLOAD NOW »
This eagerly awaited revision of a prestigious student treatise helps professors demystify the intricacies of contract law. Long respected for its clarity and accessibility, Contracts, in its completely updated Fourth Edition, continues to illuminate doctrine and practice. The textbook builds on its well-known strengths: Comprehensive coverage of all of the topics that figure prominently in most contracts courses. Intuitive, insightful approach for first-year law students... Clear explanations of the rules, illustrated with noteworthy examples. Incorporation of many recent cases into examples. Clear prose and incisive analysis Reflection of the expertise of the author, who has also written a successful practitioner treatise. Suitability for use alongside any casebook. The Fourth Edition keeps pace with developments in the field, providing: Detailed comparisons of the contract rules of 2003, revised Article 2 (2003), with previous Article 2. Citations to revised Articles 1 and 9. Citations to dozens of new cases, including those applying CISG (Vienna Sales Convention) and reference to current decisions in such areas as employment agreements, enforceability of arbitration clauses, anti-nuptial contracts, liquidated damages, pre-contractual liability, and electronic contracting. Citations to new law journal articles and updated citations to other secondary sources. Learning contract law will be less daunting when the Fourth Edition of E. Allan Farnsworth's Contracts is available for extra assistance.

The Law of Intellectual Property

Author: Craig Allen Nard,Michael J. Madison,Mark P. McKenna

Publisher: Wolters Kluwer Law & Business

ISBN: 145488665X

Category: Law

Page: 1582

View: 3332

DOWNLOAD NOW »
This comprehensive and practical book focuses on the core concepts of Intellectual Property. Its innovative pedagogy engages students with problems drawn from actual cases and provides them with introductions to cases and contextual summaries in the notes. Patent: Up to date Federal Circuit and Supreme Court case law, including: • Nautilus, Alice, Teva, Williamson, and Lexmark • Detailed substantive comments following the principal cases • More statistics and charts, particularly relating to USPTO decision-making and PTAB inter partes review • Enhanced Patent Reform Perspectives (i.e., America Invents Act) Copyright: • Expanded coverage of contemporary developments in copyright law, with 13 new cases; • Broader coverage of recent developments gives adopters greater flexibility in choosing materials within that structure. Trademark: • Updated to reflect recent Supreme Court decisions • New materials on bars to registration, functionality, expressive use, and remedies

K

A Common Law Approach to Contracts

Author: Tracey E. George,Russell Korobkin

Publisher: Wolters Kluwer Law & Business

ISBN: 1454881097

Category: Law

Page: 720

View: 4617

DOWNLOAD NOW »
The second edition of this casebook, K: A Common Law Approach to Contracts, is perfect for the modern Contracts course. The highlyfocused, case-based text offers a comprehensive treatment of the basic issues of contract law and emphasizes development of analogical reasoning skills. Each section is limited to three types of materials (brief narrative, judicial opinions, and discussion problems), and is designed to teach students how to read opinions, analyze issues, distinguish material from immaterial facts, and apply holdings to similar problems. The second edition has been updated to include a new chapter on the rules related to third-party beneficiaries and assignees. In addition, in response to feedback from students, the authors have slightly expanded some of the narrative materials that introduce and provide guidance to the study of various topics. Key Features: New chapter on the rules related to third-party beneficiaries and assignees: “Contract Rights of NonParties.” In response to feedback from students, the authors have slightly expanded some of the narrative materials that introduce and provide guidance to the study of various topics

A Theory of Contract Law

Empirical Insights and Moral Psychology

Author: Peter A. Alces

Publisher: Oxford University Press

ISBN: 0199707596

Category: Law

Page: 348

View: 5521

DOWNLOAD NOW »
In the past few decades, scholars have offered positive, normative, and most recently, interpretive theories of contract law. These theories have proceeded primarily (indeed, necessarily) from deontological and consequentialist premises. In A Theory of Contract Law: Empirical Insights and Moral Psychology, Professor Peter A. Alces confronts the leading interpretive theories of contract and demonstrates their doctrinal failures. Professor Alces presents the leading canonical cases that inform the extant theories of Contract law in both their historical and transactional contexts and argues that moral psychology provides a better explanation for the contract doctrine than do alternative comprehensive interpretive approaches.

Constitutional Law

Author: Joel Wm Friedman

Publisher: Aspen Publishers Online

ISBN: 0735586209

Category: Law

Page: 154

View: 8000

DOWNLOAD NOW »
"Friedman's Practice Series" is keyed to exam preparation with real law school essay exams, model answers, multiple choice questions and academic analysis, and offers students insights into writing essay exams in core courses. Features: Real law school essay exams from top law schools Multiple-choice questions with model answers Professor analysis of multiple-choice questions Student insight into writing essay exams

Constitutional Law

Cases, Approaches, and Applications

Author: William D. Araiza

Publisher: N.A

ISBN: 9781611637298

Category:

Page: 1114

View: 4792

DOWNLOAD NOW »
Constitutional Law: Cases, Approaches, and Applications is a succinct and careful presentation of canonical constitutional law cases and important constitutional law statements from the political branches. Additionally, its annual supplement includes material based on recent appellate cases applying Supreme Court constitutional doctrine. Its main features include: relatively longer excerpts of relatively fewer cases, carefully edited to preserve citations to relevant precedent. This feature allows professors to engage students about appropriate use of precedent. The book also includes note material that connects the featured cases, thus providing the students with a comprehensive explanation of the law in a manageable number of pages. Thematic, as well as topical, organization, which allows professors to explore particular jurisprudential approaches. For example, much of the equal protection material is organized around the Court¿s use, and eventual abandonment, of suspect class analysis. An annual supplement that, in addition to excerpting the Supreme Court¿s most recent constitutional law opinions, also features appellate cases applying the Court¿s constitutional law doctrines, in the form of excerpts, notes, or problems. This feature helps students understand how the Court¿s often-vague statements of constitutional law are actually applied. It also teaches the fundamental (but often-unlearned) reality that practicing lawyers need to know not just what the Supreme Court has said about a particular issue, but how the relevant lower court jurisdiction has understood that statement. Moreover, providing these cases as problems allows students to work through the implications of a Supreme Court decision in a concrete, real-life context.

International Arbitration and Forum Selection Agreements

Drafting and Enforcing

Author: Gary B. Born

Publisher: Kluwer Law International

ISBN: 9789041183880

Category: Law

Page: 450

View: 3438

DOWNLOAD NOW »
International Arbitration and Forum Selection Agreements: Drafting and Enforcing is a concise, practical primer on the fundamentals of drafting and enforcing international arbitration agreements and other dispute resolution clauses. Key Features Include: Discussion of practical reasons for international arbitration and forum selection clauses Uncomplicated and concise guidance on drafting international arbitration and forum selection clauses Do's and don't's for drafting Model international arbitration and forum selection clauses that permit efficient and effective dispute resolution: more than 50 different model provisions Ad hoc versus institutional arbitration clauses Overview leading arbitral institutions (including ICC, SIAC, ICDR/AAA, LCIA, HKIAC, PCA, ICSID, WIPO, VIAC, DIS, NAI and CRCICA) Overview of advantages and disadvantages of leading arbitral seats Multi-tier dispute resolution provisions Optional provisions for international arbitration and forum selection clauses (including arbitrator selection, arbitral procedure, costs of arbitration, provisional measures, waiver of annulment and currency of award) Discussion of pathological arbitration clauses and commonly-encountered defects And covers: Updated extensively to address developments through June 2016 Key reference materials in easy-to-use appendices

Farnsworth on contracts

Author: Edward Allan Farnsworth

Publisher: Aspen Publishers

ISBN: N.A

Category: Law

Page: 2000

View: 5375

DOWNLOAD NOW »
Bring the expertise of America's foremost authority on contracts into your practice with this thoroughly updated three-volume set. Farnsworth on Contracts, Second Edition, Is where doctrine meets practice. Busy practitioners count on Farnsworth's proven ability to identify the essentials and omit extraneous material. His comprehensive coverage of the full range of contract law answers questions in hundreds of important areas, including: Good faith and fair dealing Precontractual liability Agreements to negotiate Vienna Convention on International Sales Contracts UNIDROIT principles Constitututional issues Settlement of disputed claims by check Options and rights of first refusal Employee handbooks Covenants not to compete Self-help measures He illustrates how contemporary contract law has been shaped by both the Restatement (Second) of Contracts -- for which he served as Reporter -- And The Uniform Commercial Code. Easy access to specifics, new cases, new drafting tips, new references, and timesaving features like cross-referenced cases and marginal heads make this three-volume set a valuable resource for litigation, arbitration, and practice. Farnsworth on Contracts was always the most authoritative contracts treatise - now, In its Second Edition, it is also the most up-to-date .