Lynn LoPucki's Books

Courting Failure

How Competition for Big Cases Is Corrupting the Bankruptcy Courts

By: Lynn LoPucki

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Courting Failure

How Competition for Big Cases Is Corrupting the Bankruptcy Courts

By: Lynn LoPucki

LoPucki's provocative critique of Chapter 11 is required reading for everyone who cares about bankruptcy reform. This empirical account of large Chapter 11 cases will trigger intense debate both inside the academy and on the floor of Congress. Confronting LoPucki's controversial thesis-that competition between bankruptcy judges is corrupting them-is the most pressing challenge now facing any defender of the status quo." -Douglas Baird, University of Chicago Law School "This book is smart, shocking and funny. This story has everything-professional greed, wrecked companies, and embarrassed judges. Insiders are already buzzing." -Elizabeth Warren, Leo Gottlieb Professor of Law, Harvard Law School "LoPucki provides a scathing attack on reorganization practice. Courting Failure recounts how lawyers, managers and judges have transformed Chapter 11. It uses empirical data to explore how the interests of the various participants have combined to create a system markedly different from the one envisioned by Congress. LoPucki not only questions the wisdom of these changes but also the free market ideology that supports much of the general regulation of the corporate sector." -Robert Rasmussen, University of Chicago Law School A sobering chronicle of our broken bankruptcy-court system, Courting Failure exposes yet another American institution corrupted by greed, avarice, and the thirst for power. Lynn LoPucki's eye-opening account of the widespread and systematic decay of America's bankruptcy courts is a blockbuster story that has yet to be reported in the media. LoPucki reveals the profound corruption in the U.S. bankruptcy system and how this breakdown has directly led to the major corporate failures of the last decade, including Enron, MCI, WorldCom, and Global Crossing. LoPucki, one of the nation's leading experts on bankruptcy law, offers a clear and compelling picture of the destructive power of "forum shopping," in which corporations choose courts that offer the most favorable outcome for bankruptcy litigation. The courts, lured by big money and prestige, streamline their requirements and lower their standards to compete for these lucrative cases. The result has been a series of increasingly shoddy reorganizations of major American corporations, proposed by greedy corporate executives and authorized by case-hungry judges.

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Page Count

335

Publisher

University of Michigan Press

Published Date

ISBN 10

0472024310

ISBN 13

9780472024315

Courting Failure

How Competition for Big Cases Is Corrupting the Bankruptcy Courts

By: Lynn LoPucki

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Courting Failure

How Competition for Big Cases Is Corrupting the Bankruptcy Courts

By: Lynn LoPucki

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335

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University of Michigan Press

Published Date

ISBN 10

0472024310

ISBN 13

9780472024315

Business Associations

A Systems Approach

By: Lynn M. LoPucki,Andrew Verstein

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Business Associations

A Systems Approach

By: Lynn M. LoPucki,Andrew Verstein

This is the first Business Associations casebook organized by function (decision-making, finance, investor litigation, investment transfer, etc.) instead of by entity type (partnerships, corporations, LLCs, etc.). Functional organization avoids repetition and makes full coverage of corporations, partnerships, LLCs, and limited partnerships possible in a four, or even three, credit course. The systems approach is the basis for several successful casebooks in other fields, most notably LoPucki/Warren/Lawless’s Secured Transactions: A Systems Approach. The approach focuses on the actions of the lawyers, business people, and government administrators who apply law rather than merely on abstract law. The book provides hundreds of realistic, fact-rich problems in legal practice settings. Students apply their new knowledge of law and how the systems work to advise hypothetical clients. The cases are recent, heavily edited, and rarely longer than four pages. New to the Second Edition: The second edition is updated throughout with the emphasis on clarity and brevity. Four new cases, three of them from 2023 Decentralized autonomous organizations (DAOs) as unintended partnerships Grouping of public company materials to facilitate their omission Corporate Transparency Act (2021) More tables comparing entity types More focus on balance sheets New materials on race and gender Divisive mergers Officer exculpation Benefits for instructors and students: Full coverage of agency, corporations, partnerships, LLCs, limited partnerships, and the role of legal entities in society Tables, figures, photos, and one cartoon Fundamental documents for Meta Platforms and a hypothetical LLC (BKG Catalina) and operating agreement, which are also integrated into the text and problems Glossary Cleanly edited, easy-to-read cases Recent cases that illustrate modern business practices and reflect current law Organization by function, which reduces the repetition required in organization by entity type Modular organization, allowing the chapters to be taught in any order Fact-rich, realistic problems in practice settings An introductory assignment that provides an overview of the course Clear and direct examples and explanations, free of jargon and idioms that cause difficulty for students from other cultures. Great for LL.M.s, MJSs, and foreign J.D.s!

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Page Count

949

Publisher

Aspen Publishing

Published Date

ISBN 13

9798892073677

Commercial Transactions

A Systems Approach

By: Lynn M. LoPucki,Elizabeth Warren,Daniel L. Keating,Ronald J. Mann,Robert M. Lawless,Pamela Foohey

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Commercial Transactions

A Systems Approach

By: Lynn M. LoPucki,Elizabeth Warren,Daniel L. Keating,Ronald J. Mann,Robert M. Lawless,Pamela Foohey

Commercial Transactions: A Systems Approach explores the nuances of transaction law from a systems’ perspective, examining the infrastructure that supports commercial transactions and how lawyers apply the law in real-world situations. Its outstanding team of co-authors uses an assignment-based structure that allows professors to adapt the text to a variety of class levels and approaches. Well-crafted problems challenge students’ understanding of the material in this comprehensive, highly teachable text. New to the 8th Edition: 25 new cases, spread across all three major parts of the text Coverage of the July 2022 amendments to the Uniform Commercial Code UCC Article 12, establishing rules for transactions in cryptocurrency and other controllable electronic records Textual material that analyzes the 2022 Amendments to Article 2 and their effect on hybrid transactions, the statute of frauds, and the parol evidence rule Professors and students will benefit from: Easy-to-teach materials with class sessions that flow naturally from bite-sized assignments, each with a problem set Comprehensive Teachers’ Manual that provides answers to every question we ask Accessible authors who are happy to interact directly and on short notice with adopters Assignment structure that makes it easy to select topics for coverage The opportunity for adopters to become characters in the book Information-rich, concise text Clear explanations of the law and institutions– no hiding of the ball Provision of all information students need to solve the problems A focus on the things students need to know to succeed in their future jobs A real-life approach that prepares students for practice

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1696

Publisher

Aspen Publishing

Published Date

ISBN 13

9798889066262

Bankruptcy and Article 9

2022 Statutory Supplement, VisiLaw Marked Version

By: Lynn M. LoPucki,Elizabeth Warren

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Bankruptcy and Article 9

2022 Statutory Supplement, VisiLaw Marked Version

By: Lynn M. LoPucki,Elizabeth Warren

Bankruptcy and Article 9: 2022 Statutory Supplement is offered in two versions. Both are smaller, lighter, and more portable than competing Supplements. Each version includes: UCC Article 1, UCC Article 9, key excerpts from UCC Article 2 and UCC Article 8, Uniform Fraudulent Transfer Act, Uniform Voidable Transactions Act, Uniform Motor Vehicle Certificate of Title and Anti-Theft Act, Bankruptcy Code, selections from the Bankruptcy Rules Title 18 and Title 28 of the United States Code, Fair Debt Collection Practices Act, and Federal Tax Lien Act. This year’s Supplements contain numerous changes to the Bankruptcy Code. Notably, many of the amendments from the COVID-19 Bankruptcy Relief Extension Act of 2021 sunsetted and have been removed. The Bankruptcy Code includes a provision for readjustment of certain dollar figures at three-year intervals. All of those amounts changed this year. The changes were effective April 1, 2022.

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Page Count

1067

Publisher

Aspen Publishing

Published Date

ISBN 10

1543858147

ISBN 13

9781543858143

The Shareholder Value Myth

How Putting Shareholders First Harms Investors, Corporations, and the Public

By: Lynn Stout

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The Shareholder Value Myth

How Putting Shareholders First Harms Investors, Corporations, and the Public

By: Lynn Stout

Distinguished legal scholar Stout proves that there is in fact absolutely no legal obligation for corporations to maximize shareholder value. She looks at new theories that not only better serve the needs of real human beings who invest, but of corporations and society as well.

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Page Count

146

Publisher

Berrett-Koehler Publishers

Published Date

ISBN 10

1605098132

ISBN 13

9781605098135

Business Associations

A Systems Approach

By: Lynn M. LoPucki,Andrew Verstein

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Business Associations

A Systems Approach

By: Lynn M. LoPucki,Andrew Verstein

Business Associations: A Systems Approach is the first Business Associations casebook organized by function (decision-making, finance, investor litigation, investment transfer, etc.) instead of by entity type (partnerships, corporations, LLCs, etc.). Functional organization avoids repetition and makes full coverage of corporations, partnerships, LLCs, and limited partnerships possible in a four-, or even three-, credit course. The systems approach is the basis for several successful casebooks in other fields, most notably LoPucki, Warren and Lawless’s Secured Transactions: A Systems Approach. The approach focuses on the actions of the lawyers, businesspeople, and government administrators who apply law rather than merely on abstract law. Business Associations: A Systems Approach provides hundreds of realistic, fact-rich problems in legal practice settings. Students apply their new knowledge of law and how the systems work to advise hypothetical clients. The cases are recent, heavily edited, and rarely longer than five pages. Professors and students will benefit from: Full coverage of agency, corporations, partnerships, LLCs, limited partnerships and the role of legal entities in society Tables, figures, photos, and one cartoon Fundamental documents for Facebook and a hypothetical LLC (BKG Catalina) and operating agreement, which are also integrated into the text and problems Cleanly edited, easy-to-read cases Recent cases that illustrate modern business practices and reflect current law Organization by function, which reduces the repetition required in organization by entity type Modular organization, allowing the chapters to be taught in any order An approach that any kind of entity could be made to work like any other. Other books teach what kinds of entities to use in what situations. Fact-rich, realistic problems in practice settings An introductory assignment that provides an overview of the course Clear and direct examples and explanations, free of jargon and idioms that cause difficulty for students from other cultures. Great for LL.M.s, MJSs and foreign J.D.s! A detailed glossary

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Page Count

800

Publisher

Aspen Publishing

Published Date

ISBN 10

1454898941

ISBN 13

9781454898948

Secured Transactions

A Systems Approach

By: Lynn M. LoPucki,Elizabeth Warren,Robert M. Lawless,Pamela Foohey

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Secured Transactions

A Systems Approach

By: Lynn M. LoPucki,Elizabeth Warren,Robert M. Lawless,Pamela Foohey

LoPucki, Warren, Lawless, and Foohey, Secured Transactions: A Systems Approach is the most widely adopted casebook in the field. Secured Transactions: A Systems Approach is known for its cutting-edge concept and ease of use. The systems approach enables you to teach law in the context in which it is practiced. Straightforward explanations and cases prepare the students to solve real-life problems that arise in actual transactions. Students can solve the problems before class because the book and the statutes provide everything they need. That puts teachers and students on the same side. The materials are divided into free-standing assignments, making it easier for instructors to adjust coverage and design a course around their students’ needs. This problem-based casebook supports the teaching of Article 9 alone or the expansion of the course to include Article 9 in the full context of bankruptcy, mortgages, judicial liens, and statutory liens. A comprehensive Teachers’ Manual provides the guidance teachers need to succeed. New to the Tenth Edition: Coverage of the July 2022 amendments to the Uniform Commercial Code. All examples and problems updated to realistic and contemporary fact settings. Completely rewritten discussion of lender liability concepts. Nine new cases, one new problem, and several new problem parts. Professors and students will benefit from: Clear examples and explanations throughout the book. No hiding the ball! Practice-based problems with all the information students need to solve them. Joining the community of teachers who use the most widely adopted casebook in the field (Twenty-eight are characters in the book). 450-page Teacher’s Manual answers every question the book asks. Modular chapters you can teach in any order. Bite-sized assignments for 50-minute or 75-minute classes—each with its own problem set. Short cases that clearly and correctly explain the law. Clean editing without brackets, ellipses, string citations, and other impediments to reading. Materials that provide everything needed to support an ABA-qualified experiential courses. Authors are happy to engage with adopters and include adopters as book characters. Coverage beyond Article 9, including mortgages, deeds of trust, judicial liens, tax liens, and statutory liens. Supplemental problems for year-to-year variety. Basic financial literacy information throughout the book.

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Page Count

736

Publisher

Aspen Publishing

Published Date

ISBN 13

9798889062028

Commercial Transactions

A Systems Approach

By: Lynn M. LoPucki,Elizabeth Warren,Daniel L. Keating,Ronald J. Mann,Robert M. Lawless

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Commercial Transactions

A Systems Approach

By: Lynn M. LoPucki,Elizabeth Warren,Daniel L. Keating,Ronald J. Mann,Robert M. Lawless

Commercial Transactions: A Systems Approach explores the nuances of transaction law from a systems’ perspective, examining the infrastructure that supports commercial transactions and how lawyers apply the law in real-world situations. The outstanding team of co-authors uses an assignment-based structure that allows professors to adapt the text to a variety of class levels and approaches. Well-crafted problems challenge students’ understanding of the material in this comprehensive, highly teachable text. New to the Seventh Edition: 25 new cases spread across all three major parts of the text More than 50 new problems in the Sales material Updated and revised discussion of proceeds issues in bankruptcy Revisions through the book to reflect new technologies Professors and students will benefit from: Easy-to-teach materials with class sessions that flow naturally from bite-sized assignments, each with a problem set Comprehensive Teachers’ Manual that provides answers to every question we ask Accessible authors who are happy to interact directly and on short notice with adopters Assignment structure that makes it easy to select topics for coverage The opportunity for adopters to become characters in the book Information-rich, concise text Clear explanations of the law and institutions – no hiding of the ball Having all the information students need to solve the problems A focus on the things students need to know to succeed in their future jobs A real-life approach that prepares students for practice

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Page Count

1448

Publisher

Aspen Publishing

Published Date

ISBN 10

1543821103

ISBN 13

9781543821109

Business Associations:

A Systems Approach

By: Lynn M. LoPucki,Andrew Verstein

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Business Associations:

A Systems Approach

By: Lynn M. LoPucki,Andrew Verstein

Business organizations casebook which organizes coverage by business function and integrating coverage of the different business entities"--

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Page Count

800

Publisher

Aspen Publishing

Published Date

ISBN 13

9798892073653

Professional Fees in Corporate Bankruptcies

Data, Analysis, and Evaluation

By: Lynn M. LoPucki,Joseph W. Doherty

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Professional Fees in Corporate Bankruptcies

Data, Analysis, and Evaluation

By: Lynn M. LoPucki,Joseph W. Doherty

This title is based on a study of thousands of documents from the court files in over a hundred of the largest bankruptcy cases. It employs statistical analysis and documents its findings, and provides an unprecedented window on the worlds of bankruptcy professionals, professional fees, and their scientific study.

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Page Count

334

Publisher

Oxford University Press, USA

Published Date

ISBN 10

0195337727

ISBN 13

9780195337723

Strategies for Creditors in Bankruptcy Proceedings

By: Lynn M. LoPucki,Christopher R. Mirick,Christopher G. Bradley

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Strategies for Creditors in Bankruptcy Proceedings

By: Lynn M. LoPucki,Christopher R. Mirick,Christopher G. Bradley

This treatise provides practical strategies for the credtior in bankruptcy proceedings. Audience: All attorneys practicing in the bankruptcy area"--

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Page Count

1164

Publisher

Aspen Publishers

Published Date

ISBN 10

1543831990

ISBN 13

9781543831993

Commercial Transactions

A Systems Approach [Connected EBook with Study Center]

By: Lynn M. LoPucki,Elizabeth Warren,Daniel L. Keating,Ronald J. Mann,Robert M. Lawless,Pamela Foohey

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Commercial Transactions

A Systems Approach [Connected EBook with Study Center]

By: Lynn M. LoPucki,Elizabeth Warren,Daniel L. Keating,Ronald J. Mann,Robert M. Lawless,Pamela Foohey

Buy a new version of this textbook and receive access to the Connected eBook with Study Center on Casebook Connect, including lifetime access to the online ebook with highlight, annotation, and search capabilities. Access also includes practice questions, an outline tool, and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. Commercial Transactions: A Systems Approach explores the nuances of transaction law from a systems’ perspective, examining the infrastructure that supports commercial transactions and how lawyers apply the law in real-world situations. Its outstanding team of co-authors uses an assignment-based structure that allows professors to adapt the text to a variety of class levels and approaches. Well-crafted problems challenge students’ understanding of the material in this comprehensive, highly teachable text. New to the 8th Edition: 25 new cases, spread across all three major parts of the text Coverage of the July 2022 amendments to the Uniform Commercial Code UCC Article 12, establishing rules for transactions in cryptocurrency and other controllable electronic records Textual material that analyzes the 2022 Amendments to Article 2 and their effect on hybrid transactions, the statute of frauds, and the parol evidence rule Professors and students will benefit from: Easy-to-teach materials with class sessions that flow naturally from bite-sized assignments, each with a problem set Comprehensive Teachers’ Manual that provides answers to every question we ask Accessible authors who are happy to interact directly and on short notice with adopters Assignment structure that makes it easy to select topics for coverage The opportunity for adopters to become characters in the book Information-rich, concise text Clear explanations of the law and institutions– no hiding of the ball Provision of all information students need to solve the problems A focus on the things students need to know to succeed in their future jobs A real-life approach that prepares students for practice

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Page Count

1460

Publisher

Aspen Publishing

Published Date

ISBN 13

9798889066248

Secured Transactions

A Systems Approach

By: Lynn M. LoPucki,Elizabeth Warren,Robert M. Lawless

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Secured Transactions

A Systems Approach

By: Lynn M. LoPucki,Elizabeth Warren,Robert M. Lawless

The premier authority on secured transactions, Secured Transactions: A Systems Approach is known for its cutting-edge coverage, dynamic pedagogy, and ease of use for instructors. The Systems Approach gives students the big picture. Straightforward explanations and cases prepare the students to solve real-life problems in the context of actual transactions. A modular structure allows for tremendous flexibility in course design. The materials are divided into bite-sized assignments, making it easier for instructors to make and adjust assignments for class. This problem-based casebook supports the teaching of Article 9 alone or expansion of the course to include Article 9 in the full context of bankruptcy, mortgages, judicial liens, and statutory liens. New to the 9th Edition: Updated throughout, while retaining the same structure. Highly adaptable modular text broken into assignments. Main sections can be taught in any order. New cases throughout (including the Second Circuit's landmark decision in In re Motors Liquidation). Problem-based approach with ethics integrated. Problems progress from easy to difficult. Professors and students will benefit from: The main sections can be taught in any order. Bite-sized assignments organized for 50-minute or 75-minute classes. Can support ABA-qualified experiential courses. Casebook authors who are happy to engage with adopters and include them as characters in the book. Coverage of non-Article 9 aspects of secured transactions that students will need as lawyers Default problem sets for ease of assignment; extra problems for variety from year to year. Engaging problems with interesting characters and real-world issues, providing all of the information necessary to solve the problems. A real-life approach that prepares students for the practice of law. Clear explanations of every subject -- no hiding of the ball. Basic financial literacy information included throughout the book. Focus on how lien systems actually work in practice.

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721

Published Date

ISBN 10

1543816630

ISBN 13

9781543816631

Strategies for Creditors in Bankruptcy Proceedings, Fourth Edition

By: Lynn M. LoPucki,Christopher Mirick

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Strategies for Creditors in Bankruptcy Proceedings, Fourth Edition

By: Lynn M. LoPucki,Christopher Mirick

This invaluable storehouse of tactical guidance has earned unanimous praise for its practical, expert advice on securing your client's rights and achieving the best possible outcome from the bankruptcy process. Attorneys who are faced with perplexing developments in a case - or are trying to plan ahead and anticipate new developments in a case - can turn with confidence to Strategies for Creditors in Bankruptcy Proceedings to find all the possible solutions to their clients' problems.Some of the interesting strategies address:Selling the company in an LBO? Structure the transaction to insulate it from preference avoidance.Licensing intellectual property from a company? Structure the license to take advantage of special protections in the Bankruptcy Code.Considering a loan to a financially troubled company? Better dust off your Deprizio waivers.Mortgagees, take a close look at your security agreement - you may be secured by more than just the debtor's personal residence, and that's not what you want in a chapter 13.Secured lenders, eliminate the possibility of a later 506(c) claim by settling early with the trustee.203 North Lasalle prohibited exclusive deals to shareholders - but new ways of avoiding it are being found. Here's how to oppose them. Watch for shareholder releases in the plan. If you don't object, you may be out of luck - but the right objection can save your cause of action.

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Page Count

906

Publisher

Aspen Publishers

Published Date

ISBN 10

0735556768

ISBN 13

9780735556768

Bankruptcy and Article 9

2012 Statutory Supplement, Visilaw Marked Version

By: Lynn M. Lopucki,Elizabeth Warren

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Bankruptcy and Article 9

2012 Statutory Supplement, Visilaw Marked Version

By: Lynn M. Lopucki,Elizabeth Warren

Feeling guilty about the amount of statutory material you assign? Now there's a statutory supplement that saves time, increases comprehension, and makes inaccessible statutes accessible - and it's a version of the supplement you already know and trust.

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Page Count

576

Publisher

Aspen Publishers

Published Date

ISBN 10

1454825219

ISBN 13

9781454825210

The Readable Delaware General Corporation Law

2020-2021 with VisiLaw Markings

By: Lynn M Lopucki

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The Readable Delaware General Corporation Law

2020-2021 with VisiLaw Markings

By: Lynn M Lopucki

This book contains the complete text of the Delaware General Corporation Law, with VisiLaw Markings. VisiLaw is a patented, grammar-based system for making statutes and other legal materials to make them easier to read. The marked text is the same as the unmarked text, but with the markings superimposed. A sample of the markings appears on the book's cover. The markings promote analysis by visually dividing complex sentences into clauses that can be read and analyzed one at a time. Highlighting of the skeletal sentence structure within each clause facilitates scanning, speeds reading, and improves comprehension. Markings tie together phrases that should be read as a single unit. A key to the markings is inside the front cover. Most readers need only the key to begin using VisiLaw, but the book also contains a seven-page introduction that explains techniques for gaining maximum advantage from the markings. Section numbers and subchapter titles appear in the running headers.

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212

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Independently Published

Published Date

ISBN 13

9798657308204

The Readable Delaware General Corporation Law

2019-2020 with VisiLaw Markings

By: Lynn M Lopucki

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The Readable Delaware General Corporation Law

2019-2020 with VisiLaw Markings

By: Lynn M Lopucki

This book contains the complete text of the Delaware General Corporation Law, with VisiLaw markings. VisiLaw is a patented, grammar-based system for marking statutes and other legal materials to make them easier to read. The marked text is the same as the unmarked text, but with the markings superimposed. A sample of the markings appears on the cover of the book. The markings promote analysis by visually dividing complex sentences into clauses that can be read and analyzed one at a time. Highlighting of the skeletal sentence structure within each clause facilitates scanning, speeds reading, and improves comprehension. Markings tie together phrases that should be read as a single unit. A key to the markings is inside the front cover. Most readers need only the key to begin using VisiLaw, but the book also contains a seven-page introduction that explains techniques for gaining maximum advantage from the markings. Section numbers and subchapter titles appear in the running headers.

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Page Count

212

Publisher

Independently Published

Published Date

ISBN 10

1082899836

ISBN 13

9781082899836

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