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This book is a companion volume to Volume I, "The Story of Contract Law: Formation." Volume I introduces students to law study and teaches basic doctrines of contract formation along with formation defenses. This book, Volume II, The Story of Contract Law: Implementing the Bargain, covers the rest of basic contract doctrine, namely, laws that1) determine the content of the bargain (plain meaning, usage and custom, good faith, mistake in transmission, parol evidence, and express and constructive conditions);2) govern the effect of events that occur after formation (impracticability, frustration, failure of consideration, and risk of loss);3) set remedies—rescission, damages, specific performance—available to courts when liability exists; and4) establish the rights of third parties in contracts by assignment or delegation or as third-party beneficiaries. This book includes many classic teaching cases and introduces new ones. The book also includes many problems, most based on actual cases. The book takes especial care with the doctrine of concurrent conditions, a common-law rule adopted in the late 1700s that required doctrinal readjustment across all the law governing contract performance and remedies. This volume also continues several themes from Volume I. Volume II continues to tie rules to contract law’s central structural idea, that of fair exchange. Also, to the extent helpful to student understanding, Volume II explains doctrines in part through their chronological development. The book introduces the doctrines in the order best conducive to students’ understanding contract law as a regulatory whole; for this volume, it is the order in which the doctrines arise in litigation. Finally, where possible, this volume repeats ideas at helpful points and suggests ties between doctrines so that the structural coherence of contract doctrine becomes easier to understand.
- Subjects:
- Law and Legislation
- Keywords:
- Deals Contracts United States Good faith (Law) Obligations (Law) Textbooks
- Resource Type:
- e-book
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e-book
This Chapter will address the current protections that are available to lesbian, gay, bisexual and transgender (“LGBT”) individuals who allege they have been victims of employment discrimination. The Chapter's primary focus will be on federal statutory law, particularly Title VII of the Civil Rights Act of 1964. Although the focus here is on federal law, Appendix I to this Chapter lists the states that protect individuals from public and/or private discrimination under state laws. This topic is explored in four parts: (1) a brief overview of congressional efforts to enact a statute to protect individuals from employment discrimination on the basis of sexual orientation and gender identity; (2) discusses Title VII and sexual orientation; (3) discusses ways in which recent courts have handled sexual orientation discrimination under Title VII; and (4) similarly examines early judicial treatment of claims brought by individuals alleging discrimination on the basis of their gender identity and/or expression and explores how the law has developed in this area as well.
- Subjects:
- Sociology and Law and Legislation
- Keywords:
- Sex discrimination in employment Gender identity in the workplace Textbooks Discrimination in employment
- Resource Type:
- e-book
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e-book
American Contract Law for a Global Age by Franklin G. Snyder and Mark Edwin Burge of Texas A&M University School of Law is a casebook designed primarily for the first-year Contracts course as it is taught in American law schools, but is configured so as to be usable either as a primary text or a supplement in any upper-level U.S. or foreign class that seeks to introduce American contract law to students. As an eLangdell text, it offers maximum flexibility for students to read either in hard copy or electronic format on most electronic devices. Why “American” Contract Law? Nearly all American contract law texts focus on U.S. law. This volume simply makes that focus explicit. Modern American lawyers face an increasingly global world, and the book makes it clear that American law is not the only important commercial law regime in the world. But much of the value that the cosmopolitan and transnational American-trained lawyer brings to the table is an understanding of the contract law of the United States. To this end, the venerable English cases that exemplify common law doctrine are here presented not in their hoary 19th century settings. but in the 21st century forms that students can intuitively grasp.
- Subjects:
- Law and Legislation
- Keywords:
- Contracts United States Textbooks
- Resource Type:
- e-book
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e-book
Introduction to Criminal Investigation, Processes, Practices, and Thinking is a teaching text designed to assist the student in developing their own structured mental map of processes, practices, and thinking to conduct criminal investigations. Delineating criminal investigation into operational descriptors of tactical-response and strategic response while using illustrations of task-skills and thinking-skills, the reader is guided into structured thinking practices. Using the graphic tools of a “Response Transition Matrix”, an “Investigative Funnel”, and the “STAIR Tool”, the reader is shown how to form their own mental map of investigative thinking that can later be articulated in support of forming their reasonable grounds to believe. Chapter 1 introduces criminal investigation as both a task process and a thinking process. This chapter outlines these concepts, rules, and processes with the goal of providing practical tools to ensure successful investigative processes and practices. Most importantly, this book informs the reader how to approach the investigative process using “investigative thinking.” Chapter 2 illustrates investigation by establishing an understanding of the operational forum in which it occurs. That forum is the criminal justice system and in particular, the court system. The investigative process exists within the statutory rules of law, including the Canadian Charter of Rights and Freedoms, and case law rulings adjudicated by the courts. Considering the existence of these conditions, obligations, and case law rules, there are many terms and concepts that an investigator needs to understand to function appropriately and effectively within the criminal justice system. The purpose of this chapter is to introduce some of the basic legal parameters and concepts of criminal justice within which the criminal investigation process takes place. Chapter 3 describes the functions and terms of “evidence”, as they relate to investigation. This speaks to a wide range of information sources that might eventually inform the court to prove or disprove points at issue before the trier of fact. Sources of evidence can include anything from the observations of witnesses to the examination and analysis of physical objects. It can even include the spatial relationships between people, places, and objects within the timeline of events. From the various forms of evidence, the court can draw inferences and reach conclusions to determine if a charge has been proven beyond a reasonable doubt. Considering the critical nature of evidence within the court system, there are a wide variety of definitions and protocols that have evolved to direct the way evidence is defined for consideration by the court. In this chapter, we look at some of the key definitions and protocols that an investigator should understand to carry out the investigative process. Chapter 4 breaks investigation down into logical steps, establishing a progression that can be followed and repeated to reach the desired results. The process of investigation can be effectively explained and learned in this manner. In this chapter the reader is introduced to various issues in the progression that relate to the process of investigation. Chapter 5 examines the operational processes of investigation. In this chapter we introduce the three big investigative errors along with graphic illustrations of “The Investigative Funnel” and the “S T A I R Tool” to illustrate how each of these concepts in the investigative progression. Chapter 6 provides the reader the opportunity to work through some investigative scenarios using the S T A I R Tool. These scenarios demonstrate the investigative awareness required to transition from the tactical investigative response to the strategic investigative response. Once in the strategic response mode the reader is challenged to practice applying theory development to conduct analysis of the evidence and information to create an investigative plan. This chapter presents two investigative scenarios each designed to illustrate different steps of the S T A I R tool allowing the student to recognize both the tactical and the strategic investigative responses and the implications of transitioning from the tactical to the strategic response. Chapter 7 illustrates the investigative practices of witness management. Witness statements will assist the investigator in forming reasonable grounds to lay a charge, and will assist the court in reaching a decision that the charge against an accused person has been proved beyond a reasonable doubt. It is important for an investigator to understand these practices as they allow an investigator to evaluate witnesses and collect witness evidence that will be acceptable to the courts. Chapter 8 describes crime scene management skills. These skills are an extremely significant task component of investigation because evidence that originates at the crime scene will provide a picture of events for the court to consider in its deliberations. That picture will be composed of witness testimony, crime scene photographs, physical exhibits, and the analysis of those exhibits, along with the analysis of the crime scene itself. From this chapter, the reader will learn the task processes and protocols for several important issues in crime scene management. Chapter 9 examines the interviewing, questioning, and interrogation techniques police use to aid them in investigations. The courts expect police to exercise high standards using practices that focus on the rights of the accused person, and minimize any physical or mental anguish that might cause a false confession. In meeting these expectations, the challenges of suspect questioning and interrogation can be complex, and many police agencies have trained interrogators and polygraph operators who undertake the interrogation of suspects for major criminal cases. But not every investigation qualifies as a major case, and frontline police investigators are challenged to undertake the tasks of interviewing, questioning, and interrogating possible suspects daily. The challenge for police is that the questioning of a suspect and the subsequent confession can be compromised by flawed interviewing, questioning, or interrogation practices. Understanding the correct processes and the legal parameters can make the difference between having a suspect's confession accepted as evidence by the court or not. Chapter 10 examines various forensic sciences and the application of forensic sciences as practical tools to assist police in conducting investigations. As we noted in Chapter 1, it is not necessary for an investigator to be an expert in any of the forensic sciences; however, it is important to have a sound understanding of forensic tools to call upon appropriate experts to deploy the correct tools when required. Chapter 11 summarizes the learning objectives of this text and suggests investigative learning topics for the reader going forward. Many topics relative to investigative practices have not been covered here as part of the core knowledge requirements for a new investigator. These topics include: Major Case ManagementInformant and confidential source managementUndercover investigationsSpecialized team investigations
- Keywords:
- Criminal investigation Textbooks
- Resource Type:
- e-book
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e-book
This textbook is not intended to be an exhaustive treatise; rather, it is intended to be far more useful than that for beginning tax law students by equipping the novice not merely with unmoored detail but rather with a rich blueprint that illuminates the deeper structural framework on which that detail hangs (sometimes crookedly). Chapter 1 outlines the conceptual meaning of the term “income” for uniquely tax purposes (as opposed to financial accounting or trust law purposes, for example) and examines the Internal Revenue Code provisions that translate this larger conceptual construct into positive law. Chapter 2 explores various forms of consumption taxation because the modern Internal Revenue Code is best perceived as a hybrid income-consumption tax that also contains many provisions—for wise or unwise nontax policy reasons—that are inconsistent with both forms of taxation. Chapter 3 then provides students with the story of how we got to where we are today, important context about the distribution of the tax burden, the budget, and economic trends, as well as material on ethical debates, economic theories, and politics as they affect taxation. Armed with this larger blueprint, students are then in a much better position to see how the myriad pieces that follow throughout the remaining 19 chapters fit into this bigger picture, whether comfortably or uncomfortably. For example, they are in a better position to appreciate how applying the income tax rules for debt to a debt-financed investment afforded more favorable consumption tax treatment creates tax arbitrage problems. Congress and the courts then must combat these tax shelter opportunities (sometimes ineffectively) with both statutory and common law weapons. Stated another way, students are in a better position to appreciate how the tax system can sometimes be used to generate (or combat) unfair and economically inefficient rent-seeking behavior.
- Subjects:
- Law and Legislation
- Keywords:
- Income tax -- Law legislation United States Textbooks
- Resource Type:
- e-book