This 1998 book addresses deregulatory policies termed 'deregulatory takings' that threaten private property in network industries without compensation.
Providing an easily accessible source for students studying the law of evidence, this title fulfils the roles of both textbook and materials book, containing extracts from key cases and published articles.
This book explains the existence, meaning and application of the rules governing the assignment of contractual rights. The second edition is updated and retains the structure of the first edition, focusing on what is meant by 'assignment', the distinction between legal and equitable assignments, how an assignable contractual right is identified, what formalities apply to assignment, and what rights and remedies are available to the parties to an assignment. In reviewing the first edition, The Hon JD Heydon said 'it is essential reading for ... teachers, especially those who teach contract, equity and personal property. Above all, it should always be consulted-read carefully, slowly and repeatedly-by any practitioner facing an assignment problem. ... It is not only the best book ever written on its subject, but among the best monographs dealing with legal doctrine published in recent years' (2008) 30 Sydney Law Review 169.
First published in 1999. This ongoing series, Controversies in Constitutional Law, provides teachers, scholars, and students convenient access to the debates and scholarly literature surrounding major questions of constitutional law. In the structure of government in the United States the Constitution, the Bill of Rights and other Amendments - especially the Fourteenth Amendment - are the primary referential points to locate, protect, and enhance our fundamental political freedoms. The intersections between Labor Law and Constitutional Law occasionally synergize, but perhaps more often obviate the tensions among, several fundamental freedoms. This first volume will situate and examine the intersections among labor, religion, and speech, the two latter among our most fundamental First Amendment rights.
This book draws on an eight-year study carried out in the DOCG Prosecco area of Italy, a wine region known worldwide. It is unique in the sense that it is based on one of the most comprehensive investigations into terroir zoning ever performed in Italy. By drawing attention to the complex interrelations between environmental and human factors that influence the growth and production of the Glera grape, the study illustrates the distinct correlation between a wine and its ‘terroir’. It shows that the morphology of the sites, the meso and microclimate, the soil, the grapevine planting density, the trellising system, the yield of the vineyard, and the vine water status in the summer lead to unique combinations of grape maturity, acidity, and aroma that ultimately influence the sensory properties of the wines produced. Furthermore, the book details numerous technical and agronomic considerations, specific to the “Glera” grape variety, for different production strategies, including a section on the impact of climate change on cv “Glera” phenology. “The Power of the Terroir: the Case Study of Prosecco Wine” represents a valuable resource for anyone involved in studies or research activities in the fields of viticulture, climatology, agronomic sciences or soil sciences, but is also of interest to vine growers, professionals in the wine industry, and wine enthusiasts in general.
How can a promise be a lie? Answer: when the promisor never intended to perform the promise. Such incidences of promissory fraud are frequently litigated because they can result in punitive damages awards. And an insincere promisor can even be held criminally liable. Yet courts have provided little guidance about what the scope of liability should be or what proof should be required. This book—the first ever devoted to the analysis of promissory fraud—answers these questions. Filled with examples of insincere promising from the case law as well as from literature and popular culture, the book is an indispensable guide for those who practice or teach contract law. The authors explore what promises say from the perspectives of philosophy, economics, and the law. They identify four chief mistakes that courts make in promissory fraud cases. And they offer a theory for how courts and practitioners should handle promissory fraud cases.
Patent Disputes: Litigation Forms and Analysis, Second Edition contains over 60 full-length agreements - with accompanying checklists and commentary - covering virtually every area of patent litigation in federal courts and before other administrative bodies, such as interpartes proceedings in the PTO. The book is organized sequentially, following the course of the litigation process - from complaint to appeals. Forms include: Sample complaints for federal court and administrative proceedings Sample answers, counterclaims and third party complaints Sample motions ranging from Motion to Dismiss to Motions for Sanctions/Attorney's Fees Discovery forms, such as interrogatories and protective orders Forms for Markman Hearings Trial forms such as jury instructions Forms for appeal such as Notice of Appeal, and Petition for Cert With your purchase of Patent Disputes: Litigation Forms and Analysis, Second Edition, you'll also receive the bonus companion CD-ROM containing fully customizable versions of all of the forms and documents in the book.
Waite and Jewell: Environmental Law in Property Transactions provides a comprehensive practitioner guide to the environmental issues that arise in property transactions. It is divided into three key sections: 1. Commentary and guidance on the property transaction and identifies where the environmental issues might occur. 2. Broader discussion and explanation of specific environmental law issues that the practitioner needs to know about. 3. Provision of precedents to assist the busy property lawyer. This edition will give a general update following the last edition in 2009 and covers the Green Deal, Climate Change Regulations and the significant number of Environmental Permitting Regulations and Waste Regulations that have amassed since the last edition. Also includes a whole new chapter on climate change. Contents: Part I Approaching the Transaction: Chapter 1 Introduction to Parts I and II; Chapter 2 The need for information; Chapter 3 Preliminary enquiries; Chapter 4 Freedom of access to environmental information; Chapter 5 Local land charges search; Chapter 6 Local authority and Water Company enquiries; Chapter 7 Other sources of information; Chapter 8 Environmental survey; Chapter 9 Assessing and managing environmental risk: contractual provision and environmental insurance; Chapter 10 Particular transactions – leases and lending; Chapter 11 Development contracts; Chapter 12 Transferring permits; Part II The Broader Context: Chapter 13 Civil liability; Chapter 14 Statutory nuisance; Chapter 15 Contaminated land; Chapter 16 Waste; Chapter 17 Water; Chapter 18 Built environment; Chapter 19 Nature conservation; Chapter 20 Integrated pollution control and atmospheric pollution; Chapter 21 Climate Change; Part III Precedents. Previous edition ISBN: 9781845921064
Our constitutional freedom to speak out against government and corporate power is always fragile, but today it faces unprecedented hazards. In Managed Speech: The Roberts Court's First Amendment, leading First Amendment scholar, Gregory Magarian, explores and critiques how the present U.S. Supreme Court, led by Chief Justice John Roberts, has reshaped and degraded the law of expressive freedom. This timely book shows how the Roberts Court's free speech decisions embody a version of expressive freedom that Professor Magarian calls "managed speech". Managed speech empowers stable, responsible institutions, both government and private, to manage public discussion; disfavors First Amendment claims from social and political outsiders; and, above all, promotes social and political stability. Professor Magarian examines all of the more than forty free speech decisions the Supreme Court handed down between Chief Justice Roberts' ascent in 2005 and Justice Antonin Scalia's death in 2016. Those decisions, taken together, aggressively advance stability at a steep cost to robust public debate. Professor Magarian proposes a theoretical alternative to managed speech, one that would aim to increase the range of ideas and voices in public discussion: "dynamic diversity." A First Amendment doctrine based on dynamic diversity would prioritize political dissent and the rights of journalists, allow for reasonable regulations of money in politics, and work to broaden opportunities for speakers to be heard. This book offers a fresh, critical perspective on the crucial question of what the First Amendment should mean and do.
This book shows you how to use--and limit--video, audiovisual and computer-generated evidence in tort, complex securities actions, infringement actions and any action involving expert witnesses.
Federal Ground depicts the haphazard and unplanned growth of federal authority in the Northwest and Southwest Territories, the first U.S. territories established under the new territorial system. The nation's foundational documents, particularly the Constitution and the Northwest Ordinance, placed these territories under sole federal jurisdiction and established federal officials to govern them. But, for all their paper authority, these officials rarely controlled events or dictated outcomes. In practice, power in these contested borderlands rested with the regions' pre-existing inhabitants-diverse Native peoples, French villagers, and Anglo-American settlers. These residents nonetheless turned to the new federal government to claim ownership, jurisdiction, protection, and federal money, seeking to obtain rights under federal law. Two areas of governance proved particularly central: contests over property, where plural sources of title created conflicting land claims, and struggles over the right to use violence, in which customary borderlands practice intersected with the federal government's effort to establish a monopoly on force. Over time, as federal officials improvised ad hoc, largely extrajudicial methods to arbitrate residents' claims, they slowly insinuated federal authority deeper into territorial life. This authority survived even after the former territories became Tennessee and Ohio: although these new states spoke a language of equal footing and autonomy, statehood actually offered former territorial citizens the most effective way yet to make claims on the federal government. The federal government, in short, still could not always prescribe the result in the territories, but it set the terms and language of debate-authority that became the foundation for later, more familiar and bureaucratic incarnations of federal power.
This valuable book provides a concise, yet thorough analysis of the major legal issues arising in civil actions litigated under the Racketeer Influenced and Corrupt Organizations Act (RICO). Well organized and indexed, Civil RICO guides you through the complex statute and morass of related case law and helps you quickly locate the issues pertinent to your case. This new edition identifies all major emerging issues in civil RICO litigation and advises you on current developments.
Jesse Dukeminier’s trademark wit, passion, and human interest perspective has made Property, now in its Tenth 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. In the Tenth Edition, the authors have created a thoughtful and thorough revision, true to the spirit of the classic Property text. New to the Tenth Edition: Newly unearthed American case law on litigation over wild animals prior to Pierson v. Post (Chapter 1). The addition of primary cases the Supreme Court decided in 2020 concerning statutory annotations (Chapter 3). A new case added to the life estate section and a new recent case on defeasible fees (Chapter 4). A new primary case on whether landlords can be liable for tenant-on-tenant harassment under the Fair Housing Act, expanded coverage of anti-discrimination law, problems with eviction proceedings, COVID-19 eviction moratoria at the federal and state levels, rent control, and the section 8 program (Chapter 7). Completely rewritten Chapter 8 with new cases added on reverse redlining and purchase money mortgage. A new primary case on the effects of improper along with a new discussion of the comparative virtues of rectangular parcels versus irregular metes-and-bounds parcels (Chapter 9). New cases on easements by estoppel; termination of covenants; the Virginia Lee statue case; new material added in the notes to reflect recent developments (e.g., Uniform Easement Relocation Act, SCOTUS decision in Cow River Preservation) (Chapter 11). New notes on recent moves to end single family zoning; new important case on aesthetic zoning (Chapter 12). A re-organized Chapter 13 including a new extended introduction to the police power cases preceding Hadacheck and running through Cedar Point Nursery, a new primary case from 2021; Tahoe-Sierra replaces Murr v. Wisconsin as a primary case; new coverage of cases involving Hurricane-related floods that the government failed to prevent; revised discussion of ripeness doctrine to reflect Knick v. Township of Scott; expanded discussion of doctrine concerning government decisions to make personal property contraband; and takings litigation over state and federal bans on bump stocks. Professors and students will benefit from: Retains the late Jesse Dukeminier’s unique blend of wit, erudition, insight, and playfulness. A dynamic casebook, encompassing cases, text, questions, problems, visual illustrations, and examples. Modular organization makes the book highly adaptable to a range of syllabi. Inclusive coverage runs the full range of property topics, including in-depth treatments of estates and future interests, servitudes, and land-use controls. Authors employ an accessible “economic lens” as a tool for thinking critically about property law. Extensive research into the backstories of many primary cases, yielding insights that are useful for teaching and understanding the legal landmarks
Trademark and Copyright Disputes: Litigation Forms and Analysis provides timesaving, practice-proven forms, checklists, and analysis that help you handle your next intellectual property dispute with ease. Organized in the sequence of a litigation process, starting with the complaint and ending with appeals, you'll find commentaries covering virtually every area of copyright and trademark litigation in federal court and before other administrative bodies, such as ICANN arbitration, and International Trademark Commission actions. Trademark and Copyright Disputes: Litigation Forms and Analysis includes a CD-ROM that contains: Sample complaints for trademark, copyright, cybersquatting, and International Trade Commission (ITC) actions Sample answers, counterclaims and affirmative defenses for trademark, copyright, trade secrets, cybersquatting litigation, and ITC actions Sample motion ranging from Motions to Dismiss to Motions for Sanctions/Attorney's Fees Discovery sample forms, such as interrogatories and protective orders Trial forms such as jury instructions Forms for appeal such as Notice of Appeal and Petition for Certiorari
The bestselling analysis of higher education's impact, updated with the latest data How College Affects Students synthesizes over 1,800 individual research investigations to provide a deeper understanding of how the undergraduate experience affects student populations. Volume 3 contains the findings accumulated between 2002 and 2013, covering diverse aspects of college impact, including cognitive and moral development, attitudes and values, psychosocial change, educational attainment, and the economic, career, and quality of life outcomes after college. Each chapter compares current findings with those of Volumes 1 and 2 (covering 1967 to 2001) and highlights the extent of agreement and disagreement in research findings over the past 45 years. The structure of each chapter allows readers to understand if and how college works and, of equal importance, for whom does it work. This book is an invaluable resource for administrators, faculty, policymakers, and student affairs practitioners, and provides key insight into the impact of their work. Higher education is under more intense scrutiny than ever before, and understanding its impact on students is critical for shaping the way forward. This book distills important research on a broad array of topics to provide a cohesive picture of student experiences and outcomes by: Reviewing a decade's worth of research; Comparing current findings with those of past decades; Examining a multifaceted analysis of higher education's impact; and Informing policy and practice with empirical evidence Amidst the current introspection and skepticism surrounding higher education, there is a massive body of research that must be synthesized to enhance understanding of college's effects. How College Affects Students compiles, organizes, and distills this information in one place, and makes it available to research and practitioner audiences; Volume 3 provides insight on the past decade, with the expert analysis characteristic of this seminal work.
In this new book, leading experts in the field of child and adolescent consultation-liaison psychiatry present a practical guide for mental health professionals consulting in hospitals, schools, and the juvenile justice system. It is designed to aid the psychiatrist or psychologist in becoming an effective case consultant, as well as a practical-minded educator sought by mental health professionals in other disciplines. Child and Adolescent Mental Health Consultation in Hospitals, Schools, and Courts is comprised of three sections, each covering the following subject areas: * Characteristics of each system and the professionals who work in that setting* The logistics of consultation* Typical problems encountered* Suggested interventions
Legal Aspects of Emergency Services, Second Edition introduces members of fire and emergency medical services to the legal system in the United States, showing them how various types of laws affect their work in emergency services.
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