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Examples & Explanations for The Law of Torts by Joseph W. Glannon
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Democracy and Distrust: A Theory of Judicial Review
John Hart Ely - 1980
Written for layman and scholar alike, the book addresses one of the most important issues facing Americans today: within what guidelines shall the Supreme Court apply the strictures of the Constitution to the complexities of modern life?Until now legal experts have proposed two basic approaches to the Constitution. The first, "interpretivism," maintains that we should stick as closely as possible to what is explicit in the document itself. The second, predominant in recent academic theorizing, argues that the courts should be guided by what they see as the fundamental values of American society. John Hart Ely demonstrates that both of these approaches are inherently incomplete and inadequate. Democracy and Distrust sets forth a new and persuasive basis for determining the role of the Supreme Court today.Ely's proposal is centered on the view that the Court should devote itself to assuring majority governance while protecting minority rights. "The Constitution," he writes, "has proceeded from the sensible assumption that an effective majority will not unreasonably threaten its own rights, and has sought to assure that such a majority not systematically treat others less well than it treats itself. It has done so by structuring decision processes at all levels in an attempt to ensure, first, that everyone's interests will be represented when decisions are made, and second, that the application of those decisions will not be manipulated so as to reintroduce in practice the sort of discrimination that is impermissible in theory."Thus, Ely's emphasis is on the procedural side of due process, on the preservation of governmental structure rather than on the recognition of elusive social values. At the same time, his approach is free of interpretivism's rigidity because it is fully responsive to the changing wishes of a popular majority. Consequently, his book will have a profound impact on legal opinion at all levels--from experts in constitutional law, to lawyers with general practices, to concerned citizens watching the bewildering changes in American law.
Supreme Ambitions
David Lat - 2014
Supreme Court someday. Audrey moves to California to clerk for Judge Christina Wong Stinson, a highly regarded appeals-court judge who is Audrey s ticket to a Supreme Court clerkship. While working for the powerful and driven Judge Stinson, Audrey discovers that high ambitions come with a high price. Toss in some headline-making cases, a little romance, and a pesky judicial gossip blog, and you have a legal novel with the inside scoop you d expect from the founder of Above the Law, one of the nation s most widely read and influential legal websites."
Legal Awareness and Legal Reasoning for the CLAT and LL.B. Entrance Examinations
A.P. Bhardwaj - 2016
About the AuthorA. P. Bhardwaj is a Director Innovation a well-known institute which provides coaching to students for CLAT SET LSAT and for other Law Entrance Test preparations. He has imparted training to thousands of students and enabled them to get admitted into national law schools colleges and universities. He has also enabled hundreds of candidates to enter into civil and judicial services as he is well known in the tricity of Chandigarh Panchkula and Mohali for imparting quality coaching for Compulsory English and Essay Paper for Civil and Judicial Services Examinations. He has authored more than 10 books for various competitive examinations. He is also a regular contributor in newspapers like The Hindu Hindustan Times The Times of India and Amar Ujala and in monthly journals for all competitive exams like Pratiyogita Darpan and Pratiyogita Sahitya.
Damages
Barry Werth - 1998
Instead, one of the babies was stillborn -- and the other just barely clinging to life. The Sabias loved Little Tony and never considered putting him in a home. But caring for their son would exhaust them, emotionally, physically, and financially, and put a nearly lethal strain on their marriage. It was only when Donna, at the local playground, met another mother -- who suggested suing -- that the Sabias saw some hope for relief.This is the riveting true story of one family's journey into the maelstrom of a malpractice lawsuit -- and the attorneys, doctors, insurance carriers, and countless other players in the seven-year struggle toward resolution. It is at once a heartrending tale of human sorrow -- and, in the words of The San Francisco Chronicle, "a disturbing biopsy of a system in serious need of overhaul."
One L: The Turbulent True Story of a First Year at Harvard Law School
Scott Turow - 1977
But before he became a worldwide sensation, Scott Turow wrote a book that is entirely true, the account of his own searing indoctrination into the field of law called... The first year of law school is an intellectual and emotional ordeal so grueling that it ensures only the fittest survive. Now Scott Turow takes you inside the oldest and most prestigious law school in the country when he becomes a "One L," as entering students are known at Harvard Law School. In a book that became a national bestseller, a law school primer, and a classic autobiography, he brings to life the fascinating, shocking reality of that first year. Provocative and riveting, One L reveals the experience directly from the combat zone: the humiliations, triumphs, hazings, betrayals, and challenges that will make him a lawyer-and forever change Turow's mind, test his principles, and expose his heart.
The Educator's Guide to Texas School Law
Jim Walsh - 1985
In this new seventh edition, the authors have streamlined the discussion by pruning older material and weaving in new developments. The result is an authoritative source on all major dimensions of Texas school law that is both well integrated and easy to read.Intended for Texas school personnel, school board members, interested attorneys, and taxpayers, the seventh edition explains what the law is and what the implications are for effective school operations. It is designed to help professional educators avoid expensive and time-consuming lawsuits by taking effective preventive action. It is an especially valuable resource for school law courses and staff development sessions.The seventh edition begins with a review of the legal structure of the Texas school system. Successive chapters address attendance and the instructional program, the education of children with special needs, employment and personnel, expression and associational rights, the role of religion in public schools, student discipline, open meetings and records, privacy, search and seizure, and legal liability under both federal and Texas law. In addition to state law, the book addresses the growing role of the federal government in school operation through such major federal legislation as the Americans with Disabilities Act, the Individuals with Disabilities Education Act, and the No Child Left Behind Act.
Law School Confidential: A Complete Guide to the Law School Experience: By Students, for Students
Robert H. Miller - 2000
It demystifies the life-altering thrill ride that defines an American legal education by providing a comprehensive, blow-by-blow, chronological account of what to expect. It arms students with a thorough overview of the contemporary law school experience. This isn't the advice of graying professors or battle-scarred practitioners decades removed from law school. Miller has assembled a panel of recent graduates to act as "mentors", all of whom are perfectly positioned to shed light on what law school is like today. From taking the LSAT, to securing financial aid, to navigating the notorious first semester, to taking exams, to applying for summer internships, to getting on the law review, to tackling the bar and beyond...this book explains it all.
Plain English for Lawyers
Richard C. Wydick - 2005
The sixth edition, now co-authored by Amy Sloan, updates this classic text, including new chapter exercises.Available here:boomreads.com/download?i=153100699XPlain English for Lawyers PDF by Richard C. Wydick
The Nature of the Judicial Process
Benjamin N. Cardozo - 1921
Cardozo — an Associate Supreme Court Justice of the United States from 1932-38 — explains a judge's conscious and unconscious decision-making processes.Cardozo handed down opinions that stressed the necessity for the law to adapt to the realities and needs of contemporary life. Famous for his convincing and lucid prose, he offers insights that remain relevant to a modern view of American jurisprudence. In simple, understandable language, he discusses the ways that rulings are guided and shaped by information, precedent and custom, and standards of justice and morals.Four of Cardozo's lectures appear here, bookended by an introduction and conclusion. They explore a variety of approaches to the judicial process: the method of philosophy; the methods of history, tradition, and sociology; the method of sociology and the judge as a legislator; and adherence to precedent and the subconscious element in the judicial process. Ideal for law students as well as anyone interested in legal theory, this volume offers a rare look inside the mind of a great jurist.
Mergers and Acquisitions from A to Z
Andrew J. Sherman - 1998
A well-timed purchase or a well-planned merger can boost both the immediate financial position and the long-term outlook for your organization.Conversely, these transactions can quickly spell your company's doom if they are not conceived and executed carefully, legally, and sensibly. Whether you're an M&A veteran or find yourself at the table for the first time, it's crucial to have an authoritative, soup-to-nuts reference to guide you through the many complex steps involved in these major business strategies.Mergers & Acquisitions from A to Z is a practical, hands-on resource for M&A participants on all sides of the transaction. The fully updated second edition covers the latest trends and best practices for structuring profitable deals, new rules and regulations in the age of the Sarbanes-Oxley act, and more. Clear and jargon-free, this authoritative book begins with a thorough overview, and then gives you extensive knowledge of the entire transaction process including:* Preparing for a Merger or Acquisition and Initiating the Deal. Understanding both the seller's and buyer's perspective is key, regardless of what your own role is in the transaction.* Preliminary Considerations and Documentation. The authors present the pros and cons of creating a letter of intent, and how to decide which kind to use (binding, non-binding, or hybrid).* Due Diligence. A thorough legal, financial, and operational analysis of the target business will identify and quantify any areas of concern.* Regulatory Considerations. These include general areas such as environmental, antitrust, securities, and others, as well as those issues specific to your industry or the situation.* Structuring the Deal. The architecture of the transaction will have profound effects on tax, accounting, shareholder, and other financial considerations for all the businesses involved.*Valuation and Pricing. Learn which valuation methods to use, and why the established value is only one component in calculating the actual purchase price.* Financing. How to determine if seller financing, venture capital, securities, and/or other alternatives are proper choices for your transaction.The book also offers complete sample documents including acquisition agreements and other legally required papers, strategies for alleviating post-closing challenges, and ""managing the deal-killers,"" the all-too-common mistakes and pitfalls that can derail even the most promising mergers and acquisitions. Finally, the authors take a look at a few of the alternatives to the M&A approach, including joint ventures, franchising, licensing, strategic alliances, and many others.The power your company can generate in concert with another is immense. With Mergers & Acquisitions from A to Z, you've got the crucial information and versatile tools to make the connection stronger, more durable, and more profitable for all involved."
1L of a Ride: A Well-Traveled Professor's Roadmap to Success in the First Year of Law School
Andrew J. McClurg - 2008
It essentially answers the questions, What s the first year of law school really like and how can I make the most of it? Readers learn what to expect, when to expect it, and how to respond to it. Other how to succeed in law school books exist, but 1L of a Ride is the only book that: Addresses each aspect of academic success, including the top five habits of successful law students, effective class participation, how to interact with professors, case-briefing, note-taking, outlining, exam preparation, and essay and multiple-choice exam strategies. Includes both a professor and student perspective, with comments from real law students as they progressed through their first year from beginning to end. Features authentic samples of Socratic dialogue, student case briefs, student class notes, and exam questions and answers. Focuses on practical advice that can be followed by any student from day one. Employs a lively first-person voice, humor, and dozens of anecdotes to bring the advice to life. Relies on educational research to back up advice. Includes input from other law professors, including an interview with five professors of Legal Writing, the course that causes the most angst and complaints from first-year students. Provides up-to-date advice in step with the changing landscape of U.S. legal education, including coverage of technology issues relevant to law students.
The Paper Chase
John Jay Osborn Jr. - 1971
A best-selling book and award-winning film and television series, THE PAPER CHASE is at its heart the story of a young midwesterner, James Hart, who finds himself in the great classrooms of Langdell Hall at Harvard Law School, locked in a zero-sum game with a dominating, omniscient deity: Professor Kingsfield. Kingsfield is the sort of teacher who asks not just for the student's mind, but for his soul. You quail at his exams, exult when you know the answers, and love-hate him. THE PAPER CHASE is also a love story, as contemporary today as it was when the book was written, of a boy from the midwest and a mysterious and demanding professor's daughter who refuses to accept accepted wisdom or role models and demands from Hart a love that transcends law school and conventional norms.
Principles of Public International Law
Ian Brownlie - 1980
A new chapter on the Use of Force has been added and further discussion of the Environment. Its clarity, excellent structure, detailed referencing and depth and maturity of analysis make it the ideal text for students, scholars and practitioners.
The Burger Court and the Rise of the Judicial Right
Michael J. Graetz - 2016
It is an “important book…a powerful corrective to the standard narrative of the Burger Court” (The New York Times Book Review).When Richard Nixon campaigned for the presidency in 1968 he promised to change the Supreme Court. With four appointments to the court, including Warren E. Burger as the chief justice, he did just that. In 1969, the Burger Court succeeded the famously liberal Warren Court, which had significantly expanded civil liberties and was despised by conservatives across the country. The Burger Court is often described as a “transitional” court between the Warren Court and the Rehnquist and Roberts Courts, a court where little of importance happened. But as this “landmark new book” (The Christian Science Monitor) shows, the Burger Court veered well to the right in such areas as criminal law, race, and corporate power. Authors Graetz and Greenhouse excavate the roots of the most significant Burger Court decisions and in “elegant, illuminating arguments” (The Washington Post) show how their legacy affects us today. “Timely and engaging” (Richmond Times-Dispatch), The Burger Court and the Rise of the Judicial Right draws on the personal papers of the justices as well as other archives to provide “the best kind of legal history: cogent, relevant, and timely” (Publishers Weekly).