Lynn A. Stout, Sergio Gramitto, and Tamara Belinfanti
Corporations have a huge influence on the life of every citizen--this book offers a visionary but practical plan to give every citizen a say in how corporations are run while also gaining some supplemental income. It lays out a clear approach that uses the mechanisms of the private market to hold corporations accountable to the public.
This would happen through the creation of what the authors call the Universal Fund, a kind of national, democratic, mega mutual fund. Every American over eighteen would be entitled to a share and would participate in directing its share voting choices. Corporations and wealthy individuals would donate stocks, bonds, cash, or other assets to the fund just like they do to other philanthropic ventures now. The fund would pay out dividends to its citizen-shareholders that would grow as the fund grows.
The Universal Fund is undoubtedly a big idea, but it is also eminently practical: it uses the tools of capitalism, not government, to give all citizens a direct influence on corporate actions. It would be a major institutional investor beholden not to a small elite group of stockholders pushing for short-term gain but to everyone. The fund would reward corporations that made sure their actions didn't harm people, communities, and the environment, and it would enable them to invest in innovations that would take more than a few months to pay off. Which is another reason corporations would donate to the fund--they could be freed from the constant pressure to maximize their quarterly share price and would essentially be subsidized for doing good.
The authors demonstrate that our current economic rules force corporations to be shortsighted and even destructive because for most large investors, nothing matters but share price. The Universal Fund is designed to be a powerful positive balancing force, making the world a better place and the United States a better nation.
Legal Reasoning Case Files is designed to build legal analysis skills through hands-on work that reflects what lawyers do every day. Using realistic materials drawn from core legal topics, law students are guided to produce real-life documents while learning to reflect more deeply on what it actually means to think and work "like a lawyer.”
Each case file includes a set of practice-based documents, a narrowly-tailored assignment constructed to highlight application of legal rules to complex factual scenarios, commentary to guide users in working through the problem, and an example of how the legal principles at issue might be tested in a law school or bar examination question. Problems reinforce comprehension of foundational legal subjects, increase proficiency in the study and mastery of law, and help prepare beginning lawyers for a lifetime of practice. The book also includes useful checklists; tips to help users read, understand, and apply the materials; and in-depth discussions of sample responses to the accompanying exam questions.
The materials in this text can be adapted to a wide array of law school courses: they offer a novel approach to a contemporary legal methods course, and they can also be used as a supplement for classes in torts, contracts, evidence, criminal law, property, or professional responsibility; a source for innovative projects for courses in lawyering or legal writing; or a resource for developing bar examination skills.
James F. Simon
The epic 1950s battle that would shape the legal future of the civil rights movement is chronicled here for the first time.
The bitter feud between President Dwight D. Eisenhower and Chief Justice Earl Warren framed the tumultuous future of the modern civil rights movement. Eisenhower was a gradualist who wanted to coax white Americans in the South into eventually accepting integration, while Warren, author of the Supreme Court’s historic unanimous opinion in Brown v. Board of Education, demanded immediate action to dismantle the segregation of the public school system. In Eisenhower vs. Warren, two-time New York Times Notable Book author James F. Simon examines the years of strife between them that led Eisenhower to say that his biggest mistake as president was appointing that “dumb son of a bitch Earl Warren.” This momentous, poisonous relationship is presented here at last in one volume. Compellingly written, Eisenhower vs. Warren brings to vivid life the clash that continues to reverberate in political and constitutional debates today.
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Despite the machinations accompanying the British decision to leave the European Union, the EU still remains a potent economic and political force on the international stage. American businesses, and their lawyers, cannot afford to ignore its institutions and law, because the Union is America’s largest trading partner. While the book places the Union in its historical and jurisprudential context and parses its institutional and constitutional structure, its focus is squarely upon the exposition of business law. It introduces American law students and lawyers to substantive law of the Union focusing upon free movement (of goods, workers, the self-employed, cross-border service providers, business entities, and capital), competition law, merger control, state subsidies, and cross-border investment regulation.
Although the presentation excerpts seminal cases in each area of business law, its format does not resemble the traditional law school casebook. The focus is upon exposition and explanation, with the authors (academics and practitioners) offering synthesis, analysis and context in each substantive area of law under observation.
HATE dispels misunderstandings plaguing our perennial debates about "hate speech vs. free speech," showing that the First Amendment approach promotes free speech and democracy, equality, and societal harmony. We hear too many incorrect assertions that "hate speech" -- which has no generally accepted definition -- is either absolutely unprotected or absolutely protected from censorship. Rather, U.S. law allows government to punish hateful or discriminatory speech in specific contexts when it directly causes imminent serious harm. Yet, government may not punish such speech solely because its message is disfavored, disturbing, or vaguely feared to possibly contribute to some future harm. When U.S. officials formerly wielded such broad censorship power, they suppressed dissident speech, including equal rights advocacy. Likewise, current politicians have attacked Black Lives Matter protests as "hate speech."
"Hate speech" censorship proponents stress the potential harms such speech might further: discrimination, violence, and psychic injuries. However, there has been little analysis of whether censorship effectively counters the feared injuries. Citing evidence from many countries, this book shows that "hate speech" laws are at best ineffective and at worst counterproductive. Their inevitably vague terms invest enforcing officials with broad discretion, and predictably, regular targets are minority views and speakers. Therefore, prominent social justice advocates in the U.S. and beyond maintain that the best way to resist hate and promote equality is not censorship, but rather, vigorous "counterspeech" and activism.
Lenni Benson, Lindsay Curcio, Veronica Jeffers, and Stepehn Yale_Loehr
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Immigration and Nationality Law: Problems and Strategies introduces the reader to the legal concepts and experience of practicing immigration law. This book is designed for both law students and attorneys as it covers not only statutory provisions and key immigration law cases, it also provides an understanding to the many government agencies involved in the immigration process and how to navigate the wide variety of adjudications that are central to the U.S. immigration system.
The book includes problems that ask the reader, from a variety of legal roles, to learn how to solve common immigration problems. By working through these problems the user will observe the immigration process from initial sponsorship to the United States, to seeking admission at the border, to finding and maintaining status and securing permanent resident status within the United States.
Immigration and Nationality Law: Problems and Strategies moves through the complex issues of determining whether a person is inadmissible or barred from securing status or entering the United States. It explores the removal process and which categories of people and what type of behavior can subject a noncitizen to expulsion. It then continues with an examination of the forms of relief from removal and asylum and other humanitarian protections. The text closes with the ultimate goal of many immigrants—naturalization, while other ways to acquire or derive U.S. citizenship are also explored.
Ari Ezra Waldman
It seems like there is no such thing as privacy anymore. But the truth is that privacy is in danger only because we think about it in narrow, limited, and outdated ways. In this transformative work, Ari Ezra Waldman, leveraging the notion that we share information with others in contexts of trust, offers a roadmap for data privacy that will better protect our information in a digitized world. With case studies involving websites, online harassment, intellectual property, and social robots, Waldman shows how 'privacy as trust' can be applied in the most challenging real-world contexts to make privacy work for all of us. This book should be read by anyone concerned with reshaping the theory and practice of privacy in the modern world.
- Proposes a new way of understanding privacy and privacy law
- Contains no jargon and is accessibly written
- The book is interdisciplinary, and it includes law and social sciences
Jethro K. Lieberman
This book serves as a supplement to A Practical Companion to the Constitution. It is a comprehensive update of constitutional topic from 2008-2017.
You think you know why our government in Washington is broken, but you really don't. You think it's broken because politicians curry favor with special interests and activists of the Left or Right. There's something to that and it helps explain why these politicians can't find common ground, but it misses the root cause. A half century ago, elected officials in Congress and the White House figured out a new system for enacting laws and spending programs--one that lets them take credit for promising good news while avoiding blame for government producing bad results. With five key tricks, politicians of both parties now avoid accounting to us for what government actually does to us.
While you understand that these politicians seem to pull rabbits out of hats, hardly anyone sees the sleight of hand by which they get away with their tricks. Otherwise, their tricks wouldn't work. DC Confidential exposes the sleights of hand. Once they are brought to light, we can stop the tricks, fix our broken government, and make Washington work for us once again.
The book explains the necessary reform and lays out an action plan to put it in place. Stopping the tricks would be a constructive, inclusive response to the anger that Americans from across the political spectrum feel toward what should be our government.
Andrew R. Berman
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Michael L. Perlin, Heather Ellis Cucolo, and Alison Lynch
This comprehensive casebook covers all areas of civil commitment law, institutional rights law, community rights law, sex offenders law, and the Americans with Disabilities Act. Mental Disability Law also explores all aspects of the criminal process, including all criminal competencies, the insanity defense, trial practice issues, sentencing and the death penalty. It is the only casebook available that considers the important factors that have shaped mental disability law — sanism, pretextuality, heuristics and false “ordinary common sense.” The third edition includes expanded new sections on therapeutic jurisprudence and international human rights law.
Richard Chused and Wendy Williams
Gendered Law in American History is a remarkable compendium of over thirty years of research and teaching in the field. It explores an array of social, cultural, and legal arenas from the turn of the nineteenth to the middle of the twentieth centuries, including concepts of citizenship at the founding of the republic, the development of married women’s property laws, divorce, child custody, temperance, suffrage, domestic and racial violence before and after the Civil War, protective labor legislation, and the use of legal history testimony in legal disputes. It is both an invaluable reference tool and an important new teaching text.
Private Land Use Arrangements: Easements, Real Covenants and Equitable Servitudes - Third Edition (2016)
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Private Land Use Arrangements: Easements, Real Covenants, and Equitable Servitudes - Third Edition is the most comprehensive and integrated treatment available on the interrelated areas of easements, covenant and servitudes. The book provide answers to both practical and theoretical issues, and is an essential resource for lawyers and others working in this field. This third edition follows the successful previous editions of the book which were hailed by practitioners and academics. Earlier editions were cited as an authority in numerous federal and state court decisions as well as over 25 times in the American Law Institute's Restatement of The Law Third, Property (Servitudes.) The third edition utilizes the same organization and approach of earlier editions, and covers new cases, emerging developments, and recent innovations. Private Land Use Arrangements: Easements, Real Covenants, and Equitable Servitudes is an important addition to the field and an essential part of the real estate lawyer's library.
Deborah N. Archer and Richard D. Marsico
Special Education Law and Practice is an experientially-focused casebook that also serves as a reference for attorneys who practice special education law and anyone interested in learning about the special education process. The casebook covers substantive special education rights, racial disparities in special education, discipline, procedural protections, federal court litigation, remedies, and attorneys' fees. Each chapter begins with a problem, rich in facts and law, that places the student in the position of an attorney trying to resolve a problem for a client using that chapter's materials. Comprehensive notes expand the areas covered by featured cases.
Tom Goldstein and Jethro K. Lieberman
In this critically acclaimed book, Tom Goldstein and Jethro K. Lieberman demystify legal writing, outline the causes and consequences of poor writing, and prescribe easy-to-apply remedies to improve it. Reflecting changes in law practice over the past decade, this revised edition includes new sections around communicating digitally, getting to the point, and writing persuasively. It also provides an editing checklist, editing exercises with a suggested revision key, usage notes that address common errors, and reference works to further aid your writing. This straightforward guide is an invaluable tool for practicing lawyers and law students.
For a country of its size, Taiwan has a tremendous influence on world affairs and U.S. policy. The U.S.-Taiwan-China Relationship in International Law and Policy describes the central issues animating the dynamic U.S.-Taiwan-China relationship and the salient international and domestic legal issues shaping U.S. policy in the Asia Pacific region. In this book, Lung-chu Chen gives particular attention to Taiwan's status under international law, and the role of the U.S. Taiwan Relations Act (TRA) in the formulation and execution of U.S. policy toward Taiwan. This book endorses the central purpose of the Taiwan Relations Act--achieving a peaceful resolution to the Taiwan question--while offering policy alternatives that will empower Taiwan to participate more actively in the international arena.
This book follows in the tradition of the New Haven School of international law. As such, it defines the common interests of the world community, which include demands for human dignity and security and the protection of human rights in accordance with bedrock norms such as the right to self-determination and the peaceful resolution of conflict. Chen proposes that in accordance with international law, historical trends, and contemporary political conditions, the people of Taiwan should ultimately determine a path to normalized statehood through a plebiscite under the supervision of the international community.
Dr. Lung-chu Chen is an internationally recognized scholar and Professor of Law at New York Law School, specializing in international law, human rights, and the United Nations.
This book introduces the reader to all major aspects of contemporary international law. It applies a policy-oriented perspective, a highly acclaimed approach developed by a group known as the New Haven School that views international law not as a fixed set of rules but as an ongoing process of decision making through which the members of the world community identify, clarify, and secure their common interests. Unlike conventional works in international law, this book is organized and structured in terms of the process of decision in the international arena and illustrated with numerous historical examples and events. In this new edition, Lung-chu Chen updates his text and bibliography with respect to topics involving the end of the Cold War, increased trade, economic sanctions, new powers of the Security Council, use of force, international criminal law and institutions, and human rights.
Susan F. French and Gerald Korngold
Cases and Text on Property, Sixth Edition, preserves the character of its esteemed predecessors with:
Introductory chapters that unveil the important historical perspective that infuses the book as the authors put contemporary property law in historical context; classic cases and absorbing text that match the high standard of quality established by the late Casner and Leach; problems that are seamlessly integrated with cases and notes; a broad scope of coverage that ranges from interests protected as property, to title transfers, landlord and tenant law, housing discrimination, and land-use regulation.
Marshall E. Tracht and Alvin L. Arnold
Providing innovative strategies for financing land acquisitions, construction, and development, Construction and Development Financing covers every aspect of negotiating ADC financing. Allowing fast, easy and on-point research, this book covers:
• The consequences of default
• Environmental assessments
• ADA compliance
• New money sources
• Lender liability
• Stalled nonresidential construction
• New FHA rules for condominiums
• Mitigating construction fraud
• A new program of tax credits
Section titles discuss:
• Land loans
• Land development loans
• Construction loans: application, underwriting approval, and commitment
• Enforcement and workouts
• Other financing transactions
• Public policy
• Much more
This book is an approachable and practical study guide to sales law, specifically UCC Articles 2 and 2A, providing brief textual introductions to standard definitions and concepts, followed by provocative examples, questions, and analyses.
Relying on the standard examples-and-explanation pedagogy, Sales and Leases: Examples & Explanations is an accessible, clearly written study guide for any student studying sales law, commercial law, commercial transactions law and contract law.
It gives you an organized way of working through the various sections, definitions, concepts, and controversies that make up the modern law of sales and lease of goods as rendered in Article 2 and 2A of the Uniform Commercial Code.
Sottotitolo: Immigration and Right to Nationality
Autori L. Bonfield, G. Cataldi, N. Parisi, P. Venturi (a cura di)
ISBN 978-88-6342-807-0 N.
Anno Pubbl. 2015
Collana Jus Gentium Europaeum.
Collana di studi comunitari
Materia Diritto comunitario
This casebook covers all the major aspects of real estate transactions, running the gamut from residential transactions to sophisticated commercial development. Highlights of the new edition include:
Revamped mortgage materials to reflect the subprime and mortgage finance crisis, ensuing foreclosure issues, and new regulation; new cases and materials on the core elements of the real estate transaction, including contract conditions, remedies, and the deed; new cases and materials in other sections of the book, including, among others, recording, condominiums, commercial development, and bankruptcy; a new subsection on green buildings; and a revised structure for the book, including consolidation and streamlining of all tax materials. Five brief drafting exercises allow students to apply their learning and to see how to reach better results for clients.
Andrew Scherer and Fern A. Fisher
Kris Franklin and Howard E. Katz
The Law Book: From Hammurabi to the International Criminal Court, 250 Milestones in the History of Law (Sterling)
The Law Book explores 250 of the most significant legal issues, cases, trials, and events that have profoundly changed our world. Although the heaviest emphasis is on American law it also touches on more than a dozen countries and the European Union, laws relating to Antarctica and Outer Space, and principles of international law. Among the topics it explores are the earliest legal codes, the role of juries, slavery and emancipation, civil rights, Native Americans, copyright, the press and free speech, immigration, censorship and obscenity, the environment, war and international relations, war crimes and trials, the insanity defense, taxation, prohibition, voting rights, women’s rights, labor unions and workers’ rights, Social Security, workers’ compensation laws, the securities laws, the origins of Legal Aid, surrogacy, the right of privacy, cameras in the courts, food and drug regulation, antitrust law, South Africa’s Constitution, assisted suicide, gun control, the death penalty, civil commitment, juvenile sentencing, legalization of marijuana, same-sex marriage, tort law, the Affordable Care Act, and many others.
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