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e-book
This is Volume 2 of a two volume set written for Property Law. From the Preface to Volume 1: Property, as a vaguely defined collection of contract, tort, and criminal cases, does not take on the natural structure of a substantive area of the law through the systematic study of duty, breach, causation, defenses, and damages. Instead this textbook and most Property courses survey various topics in law with two goals in mind. First, we will study a number of traditional property topics, those where the issue of "ownership" and what that entails have long been thought to be a central issue. Second, but most importantly, our interdisciplinary study will introduce some of the major analytical techniques in law, from reasoning using precedent to law and economics to distributive justice. As we roam among topics, our goal is always, relentlessly to ask, "Why?" "Why should the law protect this party's interest?" These major techniques that we will pick up along the way will help us provide better and better answers to this question.
- Subjects:
- Law and Legislation
- Keywords:
- Property -- Interpretation construction Property United States Textbooks
- Resource Type:
- e-book
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e-book
This is Volume 1 of a two volume set written for Property Law. From the Preface: Property, as a vaguely defined collection of contract, tort, and criminal cases, does not take on the natural structure of a substantive area of the law through the systematic study of duty, breach, causation, defenses, and damages. Instead this textbook and most Property courses survey various topics in law with two goals in mind. First, we will study a number of traditional property topics, those where the issue of "ownership" and what that entails have long been thought to be a central issue. Second, but most importantly, our interdisciplinary study will introduce some of the major analytical techniques in law, from reasoning using precedent to law and economics to distributive justice. As we roam among topics, our goal is always, relentlessly to ask, "Why?" "Why should the law protect this party's interest?" These major techniques that we will pick up along the way will help us provide better and better answers to this question.
- Subjects:
- Law and Legislation
- Keywords:
- Property -- Interpretation construction Property United States Textbooks
- Resource Type:
- e-book
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e-book
We wanted this casebook to be as easy to use and understand as possible. Accordingly, we included not only cases, but also the text of the rules and restatements, as well as concise explanations of the relevant law. Each chapter of the book addresses a different issue, in the following format. First, it clearly and concisely explains the relevant law governing that issue. Then provides the relevant text of any statutes, Model Rules, sections of the Restatement of the Law Governing Lawyers, or other sources, with a link to an open-source versions of the full text, when available. It provides one or more heavily edited cases intended to illustrate the application of the law at issue, with a link to an open-source version of the full text of the case. Each case is preceded by a brief summary of its facts, reasoning, and holding, and followed by questions intended to indicate subjects for further investigation or discussion. And finally, it includes citations to law review articles and other materials relevant to the law at issue, with links to open-source versions of those materials, when available. This casebook covers a wide range of different subjects related to the professional responsibility of attorneys. While it is possible to cover all of this material in a three credit-hour course, you may wish to omit some subjects. You may also wish to supplement the materials in this casebook with additional materials. We encourage you to use this casebook in any way that you like.
- Keywords:
- Legal ethics United States Lawyers -- Discipline
- Resource Type:
- e-book
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e-book
Open Source Property: A Free Casebook is a free resource for instructors and students of the first-year Property Law course at American law schools, and anyone else with an interest in the subject.
- Subjects:
- Law and Legislation
- Keywords:
- Property -- Interpretation construction Property United States Textbooks
- Resource Type:
- e-book
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e-book
This open educational resource is designed for use by undergraduate and graduate ocean science, natural resource, fisheries and wildlife, and environmental policy students enrolled in a ten-week academic quarter. The purpose of this project is to provide students and non-law professionals with a freely accessible, clearly written guide to support engaging and effective learning. As such, the book serves as a gateway and an invitation to become a well informed, committed and involved ocean citizen as well as to explore the field beyond our course study.
- Subjects:
- Logistics and Law and Legislation
- Keywords:
- Maritime law United States Environmental policy Marine resources -- Management Textbooks
- Resource Type:
- e-book
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e-book
This Casebook is intended to be used in a course which concentrates on Constitutional Rights and centers the Fourteenth Amendment. It can be used in a first year Law School course with a title such as “Liberty, Equality, and Due Process,” as it is at CUNY School of Law, an upper division Constitutional Rights course, or an advanced undergraduate course focusing on constitutional rights, especially equality and due process. The Casebook begins with the threshold issue of “state action” which orients students to a basic but often under-taught principle of constitutional law. The Casebook then considers judicial review and constitutional interpretation. Chapters 3-6 center on equality, including slavery before the Reconstruction Amendments, equal protection for racial, gender, and other classifications, affirmative action, and fundamental rights in equal protection doctrine. Chapters 7-9 are shorter chapters that consider the Privileges or Immunities Clause, Incorporation of Bill of Rights provisions to the states, and the Second Amendment. Chapter 10 focuses on substantive due process, with Chapter 11 treating the “synergy” between due process and equal protection regarding fundamental rights. The brief last Chapter, Chapter 12, includes materials on state constitutional rights, which can be omitted or integrated into previous subjects.
- Keywords:
- United States Constitutional law Textbooks
- Resource Type:
- e-book
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e-book
Legal Aspects of Marketing and Sales is an up-to-date textbook that covers legal issues that students who will work in marketing or with marketing managers must understand. The text is organized to permit instructors to tailor the materials to their particular approach. The authors take special care to engage students by relating law to everyday events with their clear, concise and readable style. After introductory chapters covering the legal environment of business, Legal Aspects of Marketing and Sales provides students with context and essential legal concepts relating to contracts, sales, intellectual property, antitrust law and unfair trade practices. The text provides the vocabulary and legal savvy they will need to talk in an educated way to customers, suppliers, shareholders, government regulators and other stakeholders — and to their own lawyers.
- Subjects:
- Marketing and Law and Legislation
- Keywords:
- Marketing -- Law legislation United States Textbooks
- Resource Type:
- e-book
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e-book
Legal Aspects of Corporate Management and Finance is an up-to-date textbook that covers key legal issues relating to corporate management and finance. The text is organized to permit instructors to tailor the materials to their particular approach. The authors take special care to engage students by relating law to everyday events with their clear, concise and readable style. After introductory chapters covering the legal environment of business, Legal Aspects of Corporate Management and Finance provides students with context and essential legal concepts relating to contracts, agency law, partnerships, corporations, commercial paper, debtors and creditors. The text provides the vocabulary and legal savvy students will need to talk in an educated way to customers, suppliers, employees, creditors, shareholders, government regulators and other stakeholders — and to their own lawyers.
- Subjects:
- Management, Finance, and Law and Legislation
- Keywords:
- Corporations -- Finance -- Law legislation United States Corporation law Textbooks
- Resource Type:
- e-book
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e-book
The purpose of this casebook is to train law students to think and act like probate attorneys. This book is meant to be used in conjunction with the author's book on the law of trusts. This book's focus is problem-solving and legal application; the book includes numerous problems, so law students can learn to apply the law they learn from reading the cases. It also contains collaborative learning exercises to encourage students to engage in group problem-solving. The book is divided into three parts to reflect the main types of issues that students will encounter if they practice probate law. The book's organization mirrors the manner in which probate law is practiced in the real world. The book starts with an examination of the intestacy system because the majority of people die without executing a will. Therefore, most of the legal issues a probate lawyer faces center around the intestacy system. Unlike the typical wills casebook, this book provides a detailed discussion of the intestacy system. A chapter on ethics is included because probate attorneys encounter ethical issues that are different from attorneys practicing in other areas of law. The second part of the book includes an exploration of the testacy system. It is arranged so professors can lead students from the client interview to the will execution. The first three chapters of this section deal with issues that directly impact the existence of the inheritance system. It analyzes a person's ability to control the disposition of his or her property after death. This serves as the students' first introduction to the power of the “dead hand”. These chapters are included to start a public policy discussion about the rights of the dead, the right of heirs, and the necessity of an inheritance system. I tell my students that, when executing a will, they must think of the ways that it can be contested. In addition, I tell them that a will can be contested on two fronts-an attack on the testator and an attack on the will. Two chapters in this part highlight the ways that the testator's ability to execute a valid will may questioned. The final chapters in this unit show the issues that can be raised to dispute the validity of the will. They also explain the different types of wills that are available. The final part of the book deals with non-probate transfers. These chapters are included to show students the other devises that people can use to distribute their property. That knowledge is important because the majority of people use these procedures to transfer their property. At the end of the semester, my students have to draft a will based upon a fact pattern that I give them. I intentionally include non-probate property in order to see if they will attempt to distribute that using the will.
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e-book
Law of Commercial Transactions is an up-to-date textbook that covers legal issues that students who engage in commercial transactions must understand. The text is organized to permit instructors to tailor the materials to their particular approach. The authors take special care to engage students by relating law to everyday events with their clear, concise and readable style. After introductory chapters covering the legal environment of business, Law of Commercial Transactions provides students with context and essential legal concepts relating to key commercial transactions topics: contracts, sales, commercial paper, debtors and creditors. The text provides the vocabulary and legal savvy students will need to talk in an educated way to customers, suppliers, creditors, government regulators and other stakeholders — and to their own lawyers.
- Subjects:
- Management and Law and Legislation
- Keywords:
- Commercial law United States Textbooks
- Resource Type:
- e-book