Richard Epstein, Laurence A. Tisch Professor of Law, New York University's Books

The Dubious Morality of Modern Administrative Law

By: Richard Epstein Richard Epstein, Laurence A. Tisch Professor of Law, New York University

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The Dubious Morality of Modern Administrative Law

By: Richard Epstein Richard Epstein, Laurence A. Tisch Professor of Law, New York University

Modern administrative law has been the subject of intense and protracted intellectual debate, from legal theorists to such high-profile judicial confirmations as those conducted for Supreme Court justices Neil Gorsuch and Brett Kavanaugh. On one side, defenders of limited government argue that the growth of the administrative state threatens traditional ideas of private property, freedom of contract, and limited government. On the other, modern progressives champion a large administrative state that delegates to key agencies in the executive branch, rather than to Congress, broad discretion to implement major social and institutional reforms. In this book, Richard A. Epstein, one of America’s most prominent legal scholars, provides a withering critique of how theadministrative state has gone astray since the New Deal. First examining how federal administrative powers worked well in an earlier age of limited government, dealing with such issues as land grants, patents, tariffs and government employment contracts, Epstein then explains how modern broad mandates for delegated authority are inconsistent with the rule of law and lead to systematic abuse in a wide range of subject matter areas: environmental law; labor law; food and drug law; communications laws, securities law and more. He offers detailed critiques of major administrative laws that are now under reconsideration in the Supreme Court and provides recommendations as to how the Supreme Court can roll back the administrative state in a coherent way.

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237

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Rowman & Littlefield

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ISBN 10

1538141507

ISBN 13

9781538141502

Cases and Materials on Torts

By: Richard A. Epstein,Catherine M. Sharkey

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Cases and Materials on Torts

By: Richard A. Epstein,Catherine M. Sharkey

Concise yet comprehensive Cases and Materials on Torts gives 1Ls a solid foundation in the historical evolution of doctrine and social and economic theory to apply to contemporary issues facing courts. Cases and Materials on Torts preserves historical and conceptual continuity between the present and the past, while addressing the most significant contemporary controversy in fast-moving areas like public nuisance, global warming, products liability, and new litigation against internet providers. Towards our dual ends, the Thirteenth Edition retains the great older cases, both English and American, that have proved themselves time and again in the classroom, and which continue to exert great influence on the modern law. This book also provides a rich exploration of the dominant corrective justice and deterrence (or prevention of harm) approaches to tort law, as exemplified both in the retained and new cases and materials. New to the Thirteenth Edition: ● Developments at the cutting edge of public nuisance law, including the opioids crisis, global warming, and the sale of guns. ● Expanded consideration of the duties of online platforms, as illustrated by vicarious liability against Uber; products liability against Snapchat for defective algorithmic design and against Amazon for sale of defective goods; and novel claims of affirmative duties to rescue on Facebook and rideshare companies. ● Developments in drug litigation, including duties to report adverse events to regulators post-approval and “innovator liability” on brand-name manufacturers for failure to warn by generic manufacturers. ● Recent transformations in setting of compensatory damage awards, with the addition of draft materials of the Restatement (Third) of Torts: Remedies, including matters relating to race and gender. ● A more streamlined casebook appropriate for a comprehensive 1L Torts course. Professors and students will benefit from: ● Clear organizational framework of the book ● Important historical lines of cases that help understand legal reasoning and the evolution of precedent ● Inclusion of key academic commentary and elaboration of central intellectual disputes over the nature and function of the tort law ● Extensive notes with topic headlines that elaborate basic concepts through relevant cases, both old and new, that help shape the most complex contemporary issues facing courts ● Great attention given to cutting edge tort developments

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1214

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Aspen Publishing

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ISBN 13

9798889060581

In All Fairness

Equality, Liberty, and the Quest for Human Dignity

By: Richard A. Epstein

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In All Fairness

Equality, Liberty, and the Quest for Human Dignity

By: Richard A. Epstein

Growing concern about inequality has led to proposals to remake American society according to ill-conceived and coercive "egalitarian" values that are fundamentally unfair. This unique book reveals the modern romance with equality as a destructive flirtation. The elites who advocate such notions claim they champion the poor—but more often than not the nostrums of this managerial class undermine, rather than advance, mass prosperity and human well-being. The authors of In All Fairness challenge all of the prevailing egalitarian ideas, including the claim that the country is riven by inequality in the first place. After all, our economy thrives with a division of labor that allows individuals who are unequal in interests and talents to pursue their own unique goals. Looked at in this way, equality is far more widespread than overheated rhetoric might lead one to expect—as factual data show. But it is an equality of a particularly valuable type—one arrived at, not by top-down attempts to impose economic uniformity, but by our respecting inviolable rules of fair play and the dignity of each person, a dignity that requires everyone to respect the voluntary transactions of others. This approach holds equity, liberty, diversity, and prosperity together. Would we want it any other way in America and anywhere around the world? The authors draw on economics, philosophy, religion, law, political science, and history to provide answers to a perennial question that especially agitates the American public today: Can the coercive powers of the state be used to achieve a kind of arithmetic equality? The authors, each in their own way, make a strong case that they should not be used in this fashion. Love inequality or loathe it, In All Fairness is full of key insights about the connections among fairness, liberty, equality and the quest for human dignity. You won't think about wealth and poverty, equality and inequality, in the same way ever again.

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362

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Independent Institute

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ISBN 10

1598133373

ISBN 13

9781598133370

Why Progressive Institutions are Unsustainable

By: Richard A. Epstein

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Why Progressive Institutions are Unsustainable

By: Richard A. Epstein

The painful performance of the American economy in the past decade is not a function of bad luck. It is the product of flawed institutional design. Right now we are reaping the harvest of efforts to reinvigorate the progressive programs of the New Deal that stress high progressive taxes, large transfer payments, strong labor laws, and major barriers to free trade. This combination of public finance and market regulation has proved a potent force for disaster. High marginal tax rates expose the political system to strong factional strife that stifles initiative, adds uncertainty and reduces overall revenues. To these multiple ailments, Epstein argues that the best recipe is a return to the flat tax of the classical liberal tradition. The government has committed itself to substituting state mandates for voluntary arrangements in labor and real estate markets, disabling both by retarding job formation and roiling real estate markets. To these multiple ailments, Epstein argues that the best recipe is a reinvigoration of free markets that do not upset voluntary arrangements on the supposed grounds that they are unfair, one-sided or exploitive. Just change these two levers, and we can find an effective classical liberal antidote to excesses of the modern progressive age.

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Encounter Books

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ISBN 10

1594036276

ISBN 13

9781594036279

Constitutional Law

Cases, Materials, and Problems

By: Russell L. Weaver,Steven I. Friedland,Catherine Hancock,Bryan K. Fair,John C. Knechtle,Richard D. Rosen

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Constitutional Law

Cases, Materials, and Problems

By: Russell L. Weaver,Steven I. Friedland,Catherine Hancock,Bryan K. Fair,John C. Knechtle,Richard D. Rosen

Constitutional Law: Cases, Materials, and Problems, Fifth Edition by Russell L. Weaver, Steven Friedland, and Richard Rosen is designed as a teacher’s book by stimulating thought, inviting discussion, and helping profess

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2032

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Aspen Publishing

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ISBN 10

1543830455

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9781543830453

Legal Writing

By: Richard K. Neumann,Sheila Simon,Suzianne D. Painter-Thorne

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Legal Writing

By: Richard K. Neumann,Sheila Simon,Suzianne D. Painter-Thorne

Engaging text for legal writing written with today’s student in mind Written in a style that engages students, Legal Writing, Fifth Edition, includes outstanding coverage on organizing analysis according to the CREAC formula, the writing process, storytelling techniques, rule analysis, statutory interpretation, and professionalism. In addition, the book has dynamic student resources including classroom and independent exercises, self-assessment checklists, and other learning tools. The purchase of this ebook edition does not entitle you to receive access to the Connected eBook with Study Center on CasebookConnect. You will need to purchase a new print book to get access to the full experience, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions from your favorite study aids; an outline tool and other helpful resources. New to the Fifth Edition: Chapters are carefully edited and streamlined, providing focused coverage of the entire writing process New Sample Appellate Brief in Appendix D Clearer presentation of statutory interpretation and rule analysis in legal writing Professors and students will benefit from: The compact, conversational tone Short, accessible assignments and exercises Checklists that help students assess their own writing An engaging mix of theory and reality Coverage featuring: Storytelling techniques in persuasive argument The CREAC formula for organizing analysis The role of persuasive point headings in constructing an argument Elements of professionalism that must be considered

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387

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Aspen Publishing

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ISBN 10

1543858651

ISBN 13

9781543858655

The Torts Process

By: James A. Henderson,Douglas A. Kysar,Richard N. Pearson

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The Torts Process

By: James A. Henderson,Douglas A. Kysar,Richard N. Pearson

The Torts Process, Ninth Edition uses a student-friendly, procedurally-focused approach that relies on proven problem-and-cases pedagogy to illuminate the overarching structure and organization of tort law. Its lively mix of problems, cases, notes, and questions stimulate thought and discussion, while providing a firm foundation in tort doctrine, history, and theory.

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1357

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Aspen Publishing

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ISBN 10

1454887990

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9781454887997

Family Law in a Changing America

By: Douglas NeJaime,R. Richard Banks,Joanna L. Grossman,Suzanne A. Kim

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Family Law in a Changing America

By: Douglas NeJaime,R. Richard Banks,Joanna L. Grossman,Suzanne A. Kim

Family Law in a Changing America highlights law and family patterns as they are now, not as they were decades ago. By focusing on key changes in family life, the casebook attends to rising equality and inequality within and among families. The law, formally at least, accords more equality and autonomy than ever before; yet, as our society has grown more economically unequal, so too have family patterns diverged, with marriage and marital child-rearing becoming a mark of privilege. A number of developments--mass incarceration, the privatization of care, and reproductive technologies--have also contributed to disparities based on race, class, and gender. The casebook reflects the law's continuing emphasis on marriage, but also treats nonmarital families as central. Rather than privilege the marital heterosexual family, the casebook organizes the presentation of the law around (1) adult relationships and (2) parent-child relationships. New to the Second Edition: Updated coverage on reproductive justice and abortion access Expanded and updated and coverage of the Indian Child Welfare Act Updated coverage on the child welfare system and a focus on debates over abolition Professors and students will benefit from: Text that includes dramatic changes in family patterns, including declining marriage rates, with differential rates based on race and class; increasing rates of nonmarital cohabitation and nonmarital parenting; tensions between women's increasing education and employment and the perseverance of the gendered division of labor in families An approach that decenters the marital heterosexual family and instead is structured around the general topics of adult relationships and parent-child relationships Focus on the scope of family law, including extensive coverage of crucial sites of family regulation that are traditionally given short shrift Emphasis on multiple modes of legal interpretation (common law, constitutional, statutory) and multiple actors in the legal system (judges, legislators, lawyers, experts, social workers) Practical problems and exercises that illuminate the gaps, tensions, and implications of existing doctrine; some of the problems include postscripts explaining how the issue was resolved by a court or legislature An approach that draws on more recent cases and cutting-edge issues and that includes extensive coverage of the rights of unmarried partners, reproductive justice, assisted reproduction; parentage (including intentional parenthood, functional parenthood, and multi-parent arrangements), adoption (including open adoption, transracial adoption, and the Indian Child Welfare Act), the child welfare system, and family support

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1029

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Aspen Publishing

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ISBN 13

9798889066057

Legal Reasoning and Legal Writing

By: Richard K. Neumann,Ellie Margolis,Kathryn M. Stanchi

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Legal Reasoning and Legal Writing

By: Richard K. Neumann,Ellie Margolis,Kathryn M. Stanchi

Legal Reasoning and Legal Writingteaches students how to organize and incorporate a legal argument into strong and cogent writing for a variety of applications in legal practice. This clear and coherent text has been updated to address the new skills required for modern law practice. While the Ninth Edition still includes the fundamental tools that has made it one of the best-selling legal writing texts, it has been updated to incorporate current and more sophisticated material for students wishing to take their advocacy skills to the next level. Designed for utility in a wide range of legal writing courses, the book covers multiple types of legal writing, including office memos, appellate and motion briefs, client letters, and email correspondence, as well as all aspects of legal reasoning from rule-based analysis to strategies of persuasion. It also covers other key skills such as oral reports to supervisors, appellate and motion argument, tips about the realities of online law practice and modern changes in language and style. The Ninth Edition reflects the collective wisdom of three leaders in the legal writing discipline who together have over 90 years of experience teaching, writing and speaking about legal writing. New to the Ninth Edition: New chapters 23-33 (The Shift to Persuasion). The new chapters are thoroughly modernized and to incorporate the best ideas of the legal scholarship on persuasion in an accessible and clear fashion. The newly organized chapters reflect that legal writing courses might teach appellate briefs or motion briefs, or some combination, and make the assigning of chapters easier for all approaches. New content about theory of the case, motions, procedural posture and the client’s story. Professors and student will benefit from: Clear coverage of the nuts and bolts of writing an office memo, a motion memo, and an appellate brief organized to make assigning chapters easier for all different course approaches. The authors’ paradigm for Organizing a Proof of a Conclusion of Law, which provides the best explanation available of the reasoning underlying the proof of a conclusion of law. Immersive pedagogy where students learn both to think like lawyers and to think like writers. A thoughtful look at all aspects of legal reasoning, from rule-based analysis to the strategy of persuasion An accessible approach that focuses on the process of writing timely examples and exercises from legal practice A full complement of sample documents in the Appendices Teaching materials Include: Teacher’s Manual Additional resources included with Connected Coursebook

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486

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Aspen Publishing

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ISBN 10

1543831192

ISBN 13

9781543831191

Constitutional Law: Cases, Materials, and Problems Fifth Edition, 2023 Case Supplement

By: Russell L. Weaver,Steven I. Friedland,Richard D. Rosen

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Constitutional Law: Cases, Materials, and Problems Fifth Edition, 2023 Case Supplement

By: Russell L. Weaver,Steven I. Friedland,Richard D. Rosen

The 2023 Annual Supplement includes excerpts from recent scholarship and from important new decisions of the Supreme Court—including major cases on executive powers, equality, and free speech. The 2023 Supplement contains excerpts from cases decided during the October 2022 Term.

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412

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Aspen Publishing

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ISBN 13

9798889062516

Practical Guide to Legal Writing and Legal Method

By: John C. Dernbach,Richard V. Singleton,Cathleen S. Wharton,Catherine J. Wasson,Joan M. Ruhtenberg

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Practical Guide to Legal Writing and Legal Method

By: John C. Dernbach,Richard V. Singleton,Cathleen S. Wharton,Catherine J. Wasson,Joan M. Ruhtenberg

A Practical Guide to Legal Writing and Legal Method provides complete coverage and analysis with the clarity and precision that has made it a classic in the field. Discussion, examples, and practice exercises teach students how to apply the concepts of legal writing and legal method to a written analysis or oral argument. The text not only provides a complete foundation for classroom instruction, but also supports independent study and review. Graduates will want to keep this text within reach as they enter legal practice. New to the Seventh Edition: Restructured format to emphasize common themes Consolidated and streamlined chapters that are even more accessible to both professor and students Expanded appendix on email communications Professors and student will benefit from: Accessible introductions that outline and explain legal method Examples of both effective and ineffective approaches to all of the topics covered Focused exercises to develop and practice the skills addressed in each chapter In-depth instruction on reading and understandingboth statutes and caselaw synthesizing cases and statutes applying the law to specific facts organizing and drafting a legal analysis the principles of objective writing for memoranda, client communications, and judicial opinion writing the principles of persuasive writing, including structuring an effective argument and writing for the court drafting traditional and shorter “summary of the law” memoranda drafting opinion letters drafting both trial and appellate court briefs Guidelines for using electronic communicationfor legal memoranda and correspondence—when it is appropriate, and strategies for effective communication in legal writing and practice Integrated treatment of ethics and professional conduct A sample case file in the appendices with memos in both traditional and email format, client letters, and trial and appellate court briefs

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573

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Aspen Publishing

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ISBN 10

1543825249

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9781543825244

Economic Analysis of Law

By: Richard A. Posner

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Economic Analysis of Law

By: Richard A. Posner

Lucid, comprehensive, and definitive in its field, this text covers every aspect of economic analysis of the law. Features: Two new chapters, one on intellectual property, one on international and comparative law, both exploding fields of great importance. Earlier editions' questions have been converted to answers, making the book more accessible and informative. Revised to be clearer and less technical. More eclectic, reflecting recent criticisms of "rational choice" theory, in particular the need to supplement it with insights from psychology. Greater attention paid to judicial behavior, realistically modeled and explained in economic terms. Incorporates insights from the veritable explosion of books and articles published in the last few years on economic analysis of law.

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1717

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Aspen Publishing

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ISBN 10

1454845538

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9781454845539

Aspen Treatise for Civil Procedure

By: Richard D. Freer

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Aspen Treatise for Civil Procedure

By: Richard D. Freer

Popular casebook author and bar review lecturer Richard Freer makes the complex principles of civil procedure accessible for students and practitioners in this treatise. Filled with hundreds of examples, the book integrates legal doctrine with factual analysis. The book breaks the doctrines of civil procedure into easy-to-understand components, and then brings them together to show how they form a comprehensive body of law. As stated by one procedure scholar, this book “is a key reference not only for students, but also for any lawyer or scholar looking for a starting point to their research on procedure and jurisdiction. The latest edition is always on my bookshelf.” New to the 5th Edition: The Supreme Court’s most recent decision on specific personal jurisdiction, Ford Motor Company, and how it flows from the Court’s restriction of general personal jurisdiction Detailed analysis of all recent amendments to the Federal Rules of Civil Procedure Emerging law on class actions, including justiciability, ascertainability, cy pres, and issue certification Detailed treatment of remedies, including provisional remedies The Court’s 2020 recognition of “defense preclusion” Professors and students will benefit from: “Defining the Issue,” a section that opens each chapter, putting material into context and making connections to related areas of procedure and jurisdiction law Analytical frameworks to synthesize key subject areas

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1040

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Aspen Publishing

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ISBN 10

1543839010

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9781543839012

Glannon Guide to Torts

Learning Torts Through Multiple-Choice Questions and Analysis

By: Richard L. Hasen

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Glannon Guide to Torts

Learning Torts Through Multiple-Choice Questions and Analysis

By: Richard L. Hasen

The proven Glannon Guide is a user-friendly study aid to use throughout the semester as a great supplement to (or substitute for) classroom lecture. Topics are broken down into manageable pieces and are explained in a conversational tone. Chapters are interspersed with hypotheticals like those posed in the classroom that include analysis of answers to ensure thorough understanding. Additionally, The Closer questions pose sophisticated hypotheticals at the end of each chapter to present cumulative review of earlier topics. More like classroom experiences, the Glannon Guide provides you with straightforward explanations of complex legal concepts, often in a humorous style that makes the material stick. The user-friendly Glannon Guide is your proven partner throughout the semester when you need a supplement to (or substitute for) classroom lecture. The material is broken into small, manageable pieces to help you master concepts.Multiple-choice questions are interspersed throughout each chapter (not lumped at the end) to mirror the flow of a classroom lecture. Correct and incorrect answers are carefully explained; you learn why they do or do not work. You can rely on authority; the series was created by Joseph W. Glannon Harvard-educated, best-selling author of, among other legal texts, Examples & Explanations; Civil Procedure, now in its sixth edition. The Closer poses a sophisticated problem question at the end of each chapter to test your comprehension. A final Closing Closer provides you practice opportunity as well as a cumulative review of all the concepts from earlier chapters. You can check your understanding each step of the way. More like classroom experiences, these Guides provide straightforward explanations of complex legal concepts, often in a humorous style that makes the material stick.

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456

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Aspen Publishing

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ISBN 10

1543807747

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9781543807745

Federal Income Taxation

By: Richard L. Schmalbeck,Lawrence Zelenak,Sarah B. Lawsky,Shuyi Oei

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Federal Income Taxation

By: Richard L. Schmalbeck,Lawrence Zelenak,Sarah B. Lawsky,Shuyi Oei

Casebook on Federal Income Taxation for students taking this elective course"--

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968

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Aspen Publishing

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ISBN 10

1543838847

ISBN 13

9781543838848

Legal Writing

By: Richard K. Neumann Jr.,J. Lyn Entrikin,Sheila Simon

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Legal Writing

By: Richard K. Neumann Jr.,J. Lyn Entrikin,Sheila Simon

Written in a style that engages students, Legal Writing, Fourth Edition by Richard K. Neumann Jr., Sheila Simon, and Suzianne D. Painter-Thorne, includes outstanding coverage on organizing analysis according to the CREAC formula (also known as the paradigm), the writing process, storytelling techniques, rule analysis, statutory interpretation, and professionalism. In addition, the book has a dynamic website where student resources include Sheila Simon’s famed lasagna presentation, classroom and independent exercises, self-assessment checklists, and other learning tools. New to the Fourth Edition: Shorter, more focused chapters New sample documents A motion memo from a ground-breaking marriage equality case Professors and students will benefit from: The compact, conversational tone Short, accessible assignments and exercises Checklists that help students assess their own writing An interesting mix of theory and reality

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399

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Aspen Publishing

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ISBN 10

1543809634

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9781543809633

The Law of Armed Conflict

An Operational Approach

By: Geoffrey S. Corn,Victor Hansen,Richard Jackson,M. Christopher Jenks,Eric Talbot Jensen,James A. Schoettler

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The Law of Armed Conflict

An Operational Approach

By: Geoffrey S. Corn,Victor Hansen,Richard Jackson,M. Christopher Jenks,Eric Talbot Jensen,James A. Schoettler

The Law of Armed Conflict provides a complete operational scenario and introduction to the operational organization of United States forces. The focus remains on United States law perspective, balanced with exposure to areas where the interpretation of its allied forces diverge. Jus ad bellum and jus in bello issues are addressed at length. The casebook comes to students with stunning authority. All of the authors are active or retired United States Army officers with more than 140 years of collective military operational experience among them. Several have experience in both legal and operational assignments as well. They deliver a comprehensive coverage of all aspects of the law of armed conflict, explaining the difference between law and policy in regulation of military operations.

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744

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Aspen Publishing

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ISBN 10

1543802915

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9781543802917

Examples & Explanations for Legislation, Statutory Interpretation, and Election Law

By: Richard L. Hasen

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Examples & Explanations for Legislation, Statutory Interpretation, and Election Law

By: Richard L. Hasen

Examples & Explanations for Legislation, Statutory Interpretation, and Election Law, Second Edition is an up-to-date, user-friendly, and clear student-oriented treatise tackling the complex subjects in this field, including statutory interpretation, lobbying, bribery, redistricting, campaign finance law, and voting rights. The Second Edition is suitable for use with courses in Legislation and Regulation, Statutory Interpretation, Election Law, Voting Rights, and Campaign Finance. Written by Richard L. Hasen, one of the leading voices in the field of election law and legislation, no other statutory supplement is as comprehensive, up to date, and full of examples (and answers) to test student knowledge as Examples & Explanations for Legislation, Statutory Interpretation, and Election Law, Second Edition. New to the 2nd Edition: Coverage through the Supreme Court’s June 2019 decisions, including partisan gerrymandering, court deference to agency interpretations, and the litigation over a citizenship question on the 2020 census Updated discussion of textualist methods of statutory interpretation following the death of Justice Scalia and the arrival of Justices Gorsuch and Kavanaugh Consideration of how increased political polarization shapes the legislative process and judicial review of legislation Updated material on campaign finance and voting rights Professors and students will benefit from: Straightforward presentation of often complex statutory and constitutional questions Examples based upon real cases and easy-to-understand explanations The book’s suitability to a variety of courses including: Legislation, Statutory Interpretation, Legislation Regulation, Election Law, Voting Rights, and Campaign Finance

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718

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Aspen Publishing

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ISBN 10

154381686X

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9781543816860

Examples & Explanations for Criminal Procedure II

From Bail to Jail

By: Richard G. Singer,Kenneth Williams

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Examples & Explanations for Criminal Procedure II

From Bail to Jail

By: Richard G. Singer,Kenneth Williams

A favorite classroom prep tool of successful students that is often recommended by professors, the Examples & Explanations (E&E) series provides an alternative perspective to help you understand your casebook and in-class lectures. Each E&E offers hypothetical questions complemented by detailed explanations that allow you to test your knowledge of the topics in your courses and compare your own analysis. Here’s why you need an E&E to help you study throughout the semester: Clear explanations of each class topic, in a conversational, funny style. Features hypotheticals similar to those presented in class, with corresponding analysis so you can use them during the semester to test your understanding, and again at exam time to help you review. It offers coverage that works with ALL the major casebooks, and suits any class on a given topic. The Examples & Explanations series has been ranked the most popular study aid among law students because it is equally as helpful from the first day of class through the final exam.

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537

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Aspen Publishing

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ISBN 10

1454898534

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9781454898535

Employment Law

By: Richard Carlson,Michael C. Duff,Dallan F. Flake,Richard A. Bales

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Employment Law

By: Richard Carlson,Michael C. Duff,Dallan F. Flake,Richard A. Bales

The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Employment Law, Fifth Edition examines the most dynamic topics in employment law, from employee status and contract formation to termination and post-termination issues. The text introduces students to major issues and problems in labor policy and the practice of employment law, moving from one practical or policy area to the next, recalling and expanding students’ understanding of basic legal principles in particular contexts, and introducing laws specially designed for the protection of employees and other individual workers. New to the 5th Edition: Update on the classification of workers as employees or independent contractors The Supreme Court’s Bostick decision and discrimination on the basis of LGBT status New pay transparency laws The impact of COVID on workplace safety and workers’ compensation law New discussions of how social media, electronic surveillance, and artificial intelligence are affecting the workplace New developments in the arbitration of employment disputes, including the impact of the #MeToo movement and the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 Benefits for instructors and students: Coverage that fills the gap between traditional labor (e.g., collective bargaining) and discrimination courses Thorough treatment of basic employment law doctrine and legislation Thought-provoking cases and the hot-button issues Strong focus on potential employment disputes and their context

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1217

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Aspen Publishing

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ISBN 10

1543847293

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9781543847291

Examples & Explanations for Administrative Law

By: William F. Funk,Richard H. Seamon

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Examples & Explanations for Administrative Law

By: William F. Funk,Richard H. Seamon

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771

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Aspen Publishing

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1543806856

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9781543806854

Transactional Lawyering Skills

Client Interviewing, Counseling and Negotiation

By: Richard K. Neumann

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Transactional Lawyering Skills

Client Interviewing, Counseling and Negotiation

By: Richard K. Neumann

The highly respected author of Transactional Lawyering Skills has written and co-written some of the top-selling books in the field. Designed to supplement Contract Drafting and Transactional Skills courses, his concise, straightforward explanation of professionalism covers working with transaction clients; problem-solving and problem-prevention; and transactional interviewing, counseling, and negotiation. Professional responsibility issues are fully integrated throughout the material. Going beyond simple theory, the text provides a succinct explanation of the lawyer-client relationship as well as the mechanics of transactional lawyering. Transactional Lawyering Skills can be used to help add a third credit to a 2-credit contract drafting course. Features concise, straightforward explanations of professionalism working with transaction clients problem-solving and problem-prevention transactional interviewing, counseling, and negotiation highly respected author has written/co-written top-selling books in the field integrated coverage of professional responsibility issues clear and succinct discussion of lawyer-client relationship covers the mechanics of transactional lawyering goes beyond simple theory can be used to help add a third credit to a 2-credit contract drafting course

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257

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Aspen Publishing

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ISBN 10

145483157X

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9781454831570

Examples & Explanations for Criminal Procedure II

From Bail to Jail

By: Kenneth Williams,Richard G. Singer

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Examples & Explanations for Criminal Procedure II

From Bail to Jail

By: Kenneth Williams,Richard G. Singer

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613

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Aspen Publishing

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1543846203

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9781543846201

Wine Law in America

Law and Policy

By: Richard P. Mendelson

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Wine Law in America

Law and Policy

By: Richard P. Mendelson

Richard P. Mendelson deftly explains the federal, state, and local laws that govern wine production, taxation, marketing, distribution, and sales. Wine Law in America: Law and Policy exemplifies and sheds light on Commerce Clause and 21st Amendment issues, as well as matters of public health and social responsibility. Complementing a variety of courses, Wine Law in America: Law and Policy, features: lucid explanations of the federal, state, and local laws governing wine production, taxation, marketing, distribution, and sales discussion of Commerce Clause and 21st Amendment issues case law that addresses interstate trade in wine coverage of intellectual property concerns regarding wine labeling and advertising matters of public health and social responsibility for wine industry members and wine consumers how to establish and operate a wineryincluding grape sourcing, vineyard leases, and licensing and permitting descriptions of key international institutions and agreements that regulate the global wine industry

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483

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Aspen Publishing

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ISBN 10

1454824093

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9781454824091

Examples & Explanations for Remedies

By: Richard L. Hasen

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Examples & Explanations for Remedies

By: Richard L. Hasen

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Aspen Publishing

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ISBN 13

9798889066354

Administrative Law and Regulatory Policy

Problems, Text, and Cases

By: Stephen G. Breyer,Michael Herz,Richard B. Stewart,Cass R. Sunstein,Adrian Vermeule

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Administrative Law and Regulatory Policy

Problems, Text, and Cases

By: Stephen G. Breyer,Michael Herz,Richard B. Stewart,Cass R. Sunstein,Adrian Vermeule

The ninth edition of this classic casebook Administrative Law and Regulatory Policy: Problems, Text, and Cases is streamlined and updated while retaining the previous editions’ rigor, comprehensiveness, and contextual approach. Outstanding authorship, rich and varied materials, and comprehensive coverage remain the hallmarks of the ninth edition of the acclaimed Administrative Law and Regulatory Policy: Problems, Text, and Cases. Administrative procedure is examined in the context of substantive policy debates regarding regulation in a wide range of areas. Extensive notes, questions, and problems support thoughtful reading and analysis. The presentation acknowledges complexity and contradictions in the material while still providing explanations and guideposts along the way. Problems interspersed throughout provide an opportunity to explore the doctrine in more depth and test one’s understanding of it. New to the Ninth Edition: A thorough updating of cases, notes, and questions A more streamlined and user-friendly presentation. Despite significant additions, the 9th edition is shorter than the 8th. Inclusion of important recent judicial decisions, including Gundy v. United States, 139 S. Ct. 2116 (2019) (nondelegation) Lucia v. SEC, 138 S. Ct. 2044 (2018) (officers of the U.S.) Seila Law LLC v. CFPB, 140 S. Ct. 2183 (2020) (president’s removal authority) Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, 138 S. Ct. 1365 (2018) (agency adjudication) Kisor v. Wilkie, 139 S. Ct. 2400 (2019) (deference to an agency’s interpretation of its own regulation) DHS v. Regents of the University of California, 140 S. Ct. 1891 (2020) (DACA rescission) Department of Commerce v. State of New York, 139 S. Ct. 2551 (2019) (pretextual justifications and arbitrary and capricious review) Little Sisters of the Poor v. Pennsylvania, 140 S. Ct. 2367 (2020) (interim final rulemaking) Professors and students will benefit from: Thorough coverage of the processes of agency rulemaking and adjudication Illuminating discussion of doctrines that may be on the cusp of major change, including Chevron deference, Auer deference, and the nondelegation doctrine Attention to the underlying justifications for, and possible criticisms of, the regulatory initiatives that are the subject of the cases studied. Extensive notes and questions that both explain and challenge A completely new website that provides Additional materials for possible assignment (including an introductory case study and materials on enforcement) Illustrative agency documents (rulemaking preambles, an administrative complaint, FOIA requests and denials, etc.) Extensive links to material on the web, including on agency websites, that provide examples of or help students situate the topics in the casebook Photographs of people, places, and things that are the subject of the cases in the book Updates on new decisions, statutes, and regulatory initiatives

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1430

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Aspen Publishing

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ISBN 10

1543825834

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9781543825831

Wine in America

Law and Policy

By: Richard P. Mendelson

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Wine in America

Law and Policy

By: Richard P. Mendelson

The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Wine in America: Law and Policy, Second Edition, by Richard P. Mendelson deftly explains the federal, state, and local laws that govern wine production, taxation, labeling, advertising, marketing, distribution, and sales. The book explores the historical underpinnings of wine law, including Prohibition, tied house and trade practices, public health concerns, and Twenty-First Amendment jurisprudence as well as addressing intellectual property issues involving wine brands and appellations of origin, land use laws affecting rural wineries and urban bars, and international trade. New to the Second Edition: An analysis of the impact of climate change on wineries and vineyards An examination of whether we should regulate cannabis like alcohol Complementing a variety of courses, Wine in America: Law and Policy, features: Lucid explanations of the federal, state, and local laws governing wine production, taxation, labeling, and advertising, trade practices, and tied house, marketing, distribution, and sales Discussion of Twenty-First Amendment jurisprudence Coverage of intellectual property issues regarding wine brands and appellations of origin Matters of public health and social responsibility for wine industry members and wine consumers How to establish and operate a winery, including acquiring a winery or vineyard, buying grapes, leasing a vineyard, and related licensing and permitting An exploration of land use laws in California and other states affecting rural wineries and urban bars Descriptions of key international institutions and agreements that regulate the global wine industry

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505

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Aspen Publishing

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ISBN 10

1543859569

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9781543859560

Essential Lawyering Skills

Interviewing, Counseling, Negotiation, and Persuasive Fact Analysis

By: Stefan H. Krieger,Richard K. Neumann,Renée Hutchins Laurent

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Essential Lawyering Skills

Interviewing, Counseling, Negotiation, and Persuasive Fact Analysis

By: Stefan H. Krieger,Richard K. Neumann,Renée Hutchins Laurent

The Sixth Edition of Essential Lawyering Skills: Interviewing, Counseling, Negotiation, and Persuasive Fact Analysis continues to emphasize the role of the attorney in the lawyer-client relationship. Widely respected practitioners and teachers, the authors’ introductions, visual aids, and realistic examples illuminate the basic mechanics of these key skills. Case situations and problem-solving scenarios engage students in developing essential lawyering skills that mirror legal practice.The topic of professional responsibility is integrated throughout. New to the Sixth Edition: New co-author Renée Hutchins brings her new perspective to the course Updated and improved design makes the material more accessible for today’s student Increased coverage of negotiation in the plea-bargaining context Updated examination of the use of electronic media in fact analysis and negotiation Professors and students will benefit from: An emphasis on practice and the mechanics of negotiation and persuasion, rather than on theory Complete coverage of problem solving, interviewing, counseling, negotiation, and fact analysis Remarkably clear and penetrating discussion of the persuasive value of facts, supported by useful visual aids Generous use of interesting examples that place topics in context Integrated coverage of professional responsibility where appropriate Experienced authors, who draw upon many years of teaching and writing about lawyering skills

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512

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Aspen Publishing

Published Date

ISBN 10

1543821057

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9781543821055

Law of Financial Institutions

By: Richard Scott Carnell,Jonathan R. Macey,Geoffrey P. Miller,Peter Conti-Brown

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Law of Financial Institutions

By: Richard Scott Carnell,Jonathan R. Macey,Geoffrey P. Miller,Peter Conti-Brown

The Law of Financial Institutions provides the foundation for a successful course on the law of traditional commercial banks. The book’s clear writing, careful editing, timely content, and concise explanations to provocative questions make a difficult field of law lively and interesting. New to the Seventh Edition: Unified analysis of different types of financial institution under a common framework, using simple mock balance sheets as a way of vividly illustrating the similarities and differences and bringing out the features that lend stability or instability to the financial system. A new chapter dealing with the important topic of financial technology. Extensive treatment of liquidity regulation, one of the most fundamental strategies for ensuring bank safety and soundness. A clear and coherent discussion of capital regulation and provides up-to-date explanations and simple examples of the complex issues surrounding capital adequacy applicable to banks today. A clear, coherent, and interesting account of the essential nature of the banking firm as a financial intermediary that acts as a payment service provider. Text that addresses issues of compliance and risk management that have become central to the management of banking institutions in the years since the financial crisis. Professors and student will benefit from: Important new contributions from Professor Peter Conti-Brown, a nationally renowned expert in banking policy and history Completely revised and updated to reflect important regulatory initiatives and trends Answers to all problem sets available to adopting professors Focuses on topics from economic, political, and doctrinal point of view Interesting and provocative questions with explanations Extensive use of nontraditional materials and professor-written discussions and explanations Excellent organization and careful editing

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1101

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Aspen Publishing

Published Date

ISBN 10

1543831087

ISBN 13

9781543831085

Corporate Bankruptcy and Financial Reorganization

By: Richard Squire

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Corporate Bankruptcy and Financial Reorganization

By: Richard Squire

The first edition of Corporate Reorganization in Bankruptcy is designed to teach students the legal and financial principles of business bankruptcy law. The casebook is ideal for second- and third-year law students who are considering a career in business bankruptcy specifically. Each chapter is comprised of case excerpts with questions to prompt discussion and analysis, short readings that summarize the relevant rules, doctrines, and financial concepts, and problems requiring students to apply the legal and financial principles learned from hypothetical fact patterns. With an emphasis on the principles of finance, Corporate Reorganization in Bankruptcy examines each of the major types of investors in a business corporation. In addition, it includes a thorough treatment of Section 363 sales, banking and systemic risk. The purchase of this Kindle edition does not entitle you to receive 1-year FREE digital access to the corresponding Examples & Explanations in your course area. In order to receive access to the hypothetical questions complemented by detailed explanations found in the Examples & Explanations, you will need to purchase a new print casebook.

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649

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Aspen Publishing

Published Date

ISBN 10

1454881712

ISBN 13

9781454881711

Modern American Remedies

Cases and Materials Concise [Connected eBook]

By: Douglas Laycock,Richard L. Hasen

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Modern American Remedies

Cases and Materials Concise [Connected eBook]

By: Douglas Laycock,Richard L. Hasen

Modern American Remedies: Cases and Materials, Concise Fifth Edition is highly respected for its original and logical conceptual framework, comprehensive coverage, excellent case selection, and authoritative and well-written notes. Following the same organization, scope of coverage, and daily units as the unabridged Fifth Edition, the streamlined Concise Edition features tightly focused notes that emphasize basic principles and central points, with fewer collateral issues. The text achieves a balance of public and private law, and teaches and critiques the basics of economic analysis as applied to remedies issues. New to the Concise Fifth Edition: New co-author Richard L. Hasen, author of Remedies: Examples and Explanations, a problem-based study guide and secondary adoptable for the casebook. Key legal developments through the Supreme Court’s June 2018 decisions, including: litigation surrounding President Trump’s travel ban Updated material on cy-pres settlements in anticipation of Frank v. Gaos, the new Supreme Court case involving Google Recent case law regarding the Third Restatement’s approach to unjust enrichment New, updated, or expanded notes on current issues, such as: The rise of nationwide injunctions in challenges to federal policy Disputes over the scope of qualified immunity rules for government officials, especially police officers Presidential liability A new drafting assignment involving an injunction in a case of same-sex harassment in employment New principal cases: Commercial Real Estate Investment v. Comcast of Utah, on new approaches to liquidated damages Sunnyland Farms v. Central New Mexico Electric Coop, on proximate cause in tort and contract Brown v. Plata, on structural injunctions and reform of prisons Lord & Taylor v. White Flint, on specific performance of long term contracts Armstrong v. Exceptional Child Center, on implied rights of action and the federal equity power Bonina v. Sheppard, on measuring restitution from innocent defendants In re Hypnotic Taxi LLC, on the standards for pre-judgment attachments James v. National Financial, LLC, on unconscionability in consumer contracts Arizona Libertarian Party v. Reagan, on laches in election cases Professors and students will benefit from: Strong conceptual organization based on remedies categories with daily teaching units of roughly equal length and clear central themes Appropriate balance of public and private law Highly teachable and memorable cases, well edited and supported by informative and authoritative notes to facilitate class discussion and support case analysis Coverage and critique of basic law and economics as applied to key remedies issues

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1389

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Aspen Publishing

Published Date

ISBN 10

1543806945

ISBN 13

9781543806946

The Classical Liberal Constitution

By: Richard A. Epstein

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The Classical Liberal Constitution

By: Richard A. Epstein

American liberals and conservatives alike take for granted a progressive view of the Constitution that took root in the early twentieth century. Richard Epstein laments this complacency which, he believes, explains America's current economic malaise and political gridlock. Steering clear of well-worn debates between defenders of originalism and proponents of a living Constitution, Epstein employs close textual reading, historical analysis, and political and economic theory to urge a return to the classical liberal theory of governance that animated the framers' original constitutional design. Grounded in the thought of Locke, Hume, Madison, and other Enlightenment figures, classical liberalism emphasized federalism, restricted government, separation of powers, and strong protection of individual rights. New Deal progressives challenged this synthesis by embracing government as a force for social good rather than a necessary evil. The Supreme Court has unwisely ratified the progressive program by sustaining many legislative initiatives at odds with the classical liberal Constitution. Epstein addresses both the Constitution's structural safeguards against state power and its protection of individual rights. He sheds light on contemporary disputes ranging from presidential prerogatives to health care legislation, while exploring such enduring topics as judicial review, economic regulation, freedom of speech and religion, and equal protection.

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701

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Harvard University Press

Published Date

ISBN 10

0674726499

ISBN 13

9780674726499

The Dubious Morality of Modern Administrative Law

By: Richard Epstein Richard Epstein, Laurence A. Tisch Professor of Law, New York University

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The Dubious Morality of Modern Administrative Law

By: Richard Epstein Richard Epstein, Laurence A. Tisch Professor of Law, New York University

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237

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Rowman & Littlefield

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ISBN 10

1538141507

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9781538141502

Design for Liberty

Private Property, Public Administration, and the Rule of Law

By: Richard A. Epstein

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Design for Liberty

Private Property, Public Administration, and the Rule of Law

By: Richard A. Epstein

The noted legal scholar Richard Epstein advocates a much smaller federal government, arguing that our over-regulated state gives too much discretion to regulators, which results in arbitrary, unfair decisions and other abuses. Epstein bases his classical liberalism on the twin pillars of the rule of law and of private contracts and property rights.

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247

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Harvard University Press

Published Date

ISBN 10

0674061845

ISBN 13

9780674061842

Book's by Richard Epstein, Laurence A. Tisch Professor of Law, New York University

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