Conflict of Laws

Author: Peter Hay

Publisher: West Academic Publishing

ISBN: 9780314283566

Category: Law

Page: 432

View: 2680

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Black Letter Outlines are designed to help a law student recognize and understand the basic principles and issues of law covered in a law school course. Black Letter Outlines can be used both as a study aid when preparing for classes and a review of the subject matter when studying for an examination. This outline covers: overview of conflict of laws; litigational matters; domestic relations; choice of law - basic consideration; particular choice law law - problems; and issues of federalism.

Conflict of Laws

Author: Eugene F. Scoles

Publisher: West Group

ISBN: N.A

Category: Law

Page: 1565

View: 6635

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Authoritative text deals with interstate and international private litigation, business planning, estate planning, and administration. The text introduces the development and current state of approaches to choice of law. Provides the basics for determining applicable law. Reviews jurisdiction, its limitations, and its special problems. Discusses marriage, property, dissolution, and adoption. Also covers torts, contracts, succession, trusts, probate, corporations, and bankruptcy.

Choice of Law

Author: Symeon C. Symeonides

Publisher: Oxford University Press

ISBN: 019049672X

Category: Conflict of laws

Page: 840

View: 7385

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Choice of Law provides an in-depth study of private international law (PIL) as it pertains to the United States. In this book, Symeon C. Symeonides focuses entirely on Choice of Law pertaining to the question of whether the merits of the dispute will be resolved under the substantive law of the state of adjudication (lex fori), or under the law of another involved state. Structured in three parts, this book discusses the Federal framework, history, doctrine, methodology, and the practice of choice of law. The author begins with the history of choice-of-law doctrine and follows its subsequent evolution to the present. He then moves on to methodology, and extensively explores the case law of the last fifty years, covering what courts say, and especially what they do. Symeonides goes on to identify emerging decisional patterns and extracts descriptive rules or tentative predictions about likely outcomes.

Contracts

Author: Joseph M. Perillo

Publisher: N.A

ISBN: 9780314287700

Category: Law

Page: 893

View: 5966

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The author provides a detailed treatment of the basic rules, principles, and issues in contracts. Topics covered include offer and acceptance, parol evidence and interpretation, consideration, promissory estoppel, contracts under seal, capacity of parties, conditions, performance, and breach. The author also discusses damages, avoidance and reformation, third-party beneficiaries, assignments, and the statute of frauds. The discharge of contracts and illegal bargains are also the subject of separate chapters.

Conflict of Laws

Author: Herma Hill Kay

Publisher: Gilberts Law Summaries

ISBN: 9780314143419

Category: Law

Page: 323

View: 2230

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The topics covered in this Conflict of Laws outline include domicile, jurisdiction (including notice and opportunity to be heard, minimum contacts, and types of jurisdiction), choice of law (including vested rights approach, most significant relationship approach, and governmental interest analysis), and choice of law in specific substantive areas. Also included are traditional defenses against application of foreign law, constitutional limitations and overriding federal law (including Due Process Clause, Full Faith and Credit Clause, and conflict between state and federal law), and recognition and enforcement of foreign judgments.

Examples & Explanations for Conflict of Laws

Author: Michael H. Hoffheimer

Publisher: Wolters Kluwer Law & Business

ISBN: 1454874724

Category: Law

Page: 512

View: 8112

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A favorite among successful students, and often recommended by professors, the unique Examples & Explanations series gives you extremely clear introductions to concepts followed by realistic examples that mirror those presented in the classroom throughout the semester. Use at the beginning and midway through the semester to deepen your understanding through clear explanations, corresponding hypothetical fact patterns, and analysis. Then use to study for finals by reviewing the hypotheticals as well as the structure and reasoning behind the accompanying analysis. Designed to complement your casebook, the trusted Examples & Explanations titles get right to the point in a conversational, often humorous style that helps you learn the material each step of the way and prepare for the exam at the end of the course. Clear, informal, and even humorous, Examples & Explanations: Conflicts of Law, 3E, explores all of the topics covered in Conflicts courses, including personal jurisdiction and the Erie doctrine. It provides full treatment of traditional and modern approaches to choice of law and proof of law, with up-to-date coverage of constitutional limits. Big-picture overviews and accurate statement rules are reinforced with concrete examples and test-taking tips. The powerful Examples & Explanations pedagogy works especially well for Conflict of Laws where students gain understanding of rules and policies by applying them to new fact patterns. Summaries of leading cases found in most casebooks and a modular organization allows easy adaptation to any course. The Third Edition adds new Supreme Court decisions, provides a new chapter on transfers and forum non conveniens, and adds coverage of the new European Union rules on inheritance and wills. Features: Updated coverage of marriage and constitutional rights after Obergefell decision legalizing same-sex marriage. Eliminates consideration of authorities and policy debates that are dated or inaccurate after Obergefell. Revises personal jurisdiction chapters adding Supreme Court cases clarifying general jurisdiction based on significant contacts. Adds chapter on transfer and forum non conveniens discussing Supreme Court cases. Revises explanations to incorporate latest law from appellate courts.

Emanuel Law Outlines for Criminal Law

Author: Steven L. Emanuel

Publisher: Wolters Kluwer Law & Business

ISBN: 1454852348

Category: Law

Page: 528

View: 3307

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The most trusted name in law school outlines, Emanuel Law Outlines were developed while Steve Emanuel was a student at Harvard Law and were the first to approach each course from the point of view of the student. Invaluable for use throughout your course and again at exam time, Emanuel Law Outlines are well-correlated to all major casebooks to help you to create your own outlines. Sophisticated yet easy to understand, each guide includes both capsule and detailed explanations of critical issues, topics, and black letter law you must know to master the course. Quiz Yourself Q&As, Essay Q&As, and Exam Tips give you ample opportunity to test your knowledge throughout the semester and leading up to the exam. Every title in the series is frequently updated and reviewed against new developments and recent cases covered in the leading casebooks. Emanuel Law Outlines provide a comprehensive breakdown of the law, more sweeping than most, for your entire study process. For more than thirty years, Emanuel Law Outlines have been the most trusted name in law school outlines. Here s why: Developed by Steve Emanuel when he was a law school student at Harvard, Emanuel Law Outlines became popular with other law students and spawned an industry of reliable study aids. (Having passed the California bar as well, Steve Emanuel is now a member of the New York, Connecticut, Maryland, and Virginia bars.) Each Outline is valuable throughout the course and again at exam time. Outline chapters provide comprehensive coverage of the topics, cases, and black letter law covered in the course and major casebooks, written in a way you can easily understand. The Quiz Yourself Q&A in each chapter and the Essay Q&A at the end provide ample opportunity to test your knowledge throughout the semester. Exam Tips alert you to the issues that commonly pop up on exams and to the fact patterns commonly used to test those items. The Capsule Summary an excellent exam preparation tool provides a quick review of the key concepts covered in the course. The comprehensive coverage is more sweeping than most outlines. Each Emanuel Law Outline is correlated to the leading casebooks. Every title is frequently updated and reviewed against new developments and recent cases covered in the leading casebooks. Tight uniformity of writing style and approach means that if you use one of these guides, you can be confident that the others will be of similar quality.

Making All the Difference

Inclusion, Exclusion, and American Law

Author: Martha Minow

Publisher: Cornell University Press

ISBN: 9780801499777

Category: Law

Page: 403

View: 4298

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Should a court order medical treatment for a severely disabled newborn in the face of the parents' refusal to authorize it? How does the law apply to a neighborhood that objects to a group home for developmentally disabled people? Does equality mean treating everyone the same, even if such treatment affects some people adversely? Does a state requirement of employee maternity leave serve or violate the commitment to gender equality? Martha Minow takes a hard look at the way our legal system functions in dealing with people on the basis of race, gender, age, ethnicity, religion, and disability. Minow confronts a variety of dilemmas of difference resulting from contradictory legal strategies—strategies that attempt to correct inequalities by sometimes recognizing and sometimes ignoring differences. Exploring the historical sources of ideas about difference, she offers challenging alternative ways of conceiving of traits that legal and social institutions have come to regard as "different." She argues, in effect, for a constructed jurisprudence based on the ability to recognize and work with perceptible forms of difference. Minow is passionately interested in the people—"different" people—whose lives are regularly (mis)shaped and (mis)directed by the legal system's ways of handling them. Drawing on literary and feminist theories and the insights of anthropology and social history, she identifies the unstated assumptions that tend to regenerate discrimination through the very reforms that are supposed to eliminate it. Education for handicapped children, conflicts between job and family responsibilities, bilingual education, Native American land claims—these are among the concrete problems she discusses from a fresh angle of vision. Minow firmly rejects the prevailing conception of the self that she believes underlies legal doctrine—a self seen as either separate and autonomous, or else disabled and incompetent in some way. In contrast, she regards the self as being realized through connection, capable of shaping an identity only in relationship to other people. She shifts the focus for problem solving from the "different" person to the relationships that construct that difference, and she proposes an analysis that can turn "difference" from a basis of stigma and a rationale for unequal treatment into a point of human connection. "The meanings of many differences can change when people locate and revise their relationships to difference," she asserts. "The student in a wheelchair becomes less different when the building designed without him in mind is altered to permit his access." Her book evaluates contemporary legal theories and reformulates legal rights for women, children, persons with disabilities, and others historically identified as different. Here is a powerful voice for change, speaking to issues that permeate our daily lives and form a central part of the work of law. By illuminating the many ways in which people differ from one another, this book shows how lawyers, political theorist, teachers, parents, students—every one of us—can make all the difference,

Pure Theory of Law

Author: Hans Kelsen

Publisher: The Lawbook Exchange, Ltd.

ISBN: 1584775785

Category: Law

Page: 356

View: 8059

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Kelsen, Hans. Pure Theory of Law. Translation from the Second German Edition by Max Knight. Berkeley: University of California Press, 1967. x, 356 pp. Reprinted 2005 by The Lawbook Exchange, Ltd. ISBN 1-58477-578-5. Paperbound. $36.95 * Second revised and enlarged edition, a complete revision of the first edition published in 1934. A landmark in the development of modern jurisprudence, the pure theory of law defines law as a system of coercive norms created by the state that rests on the validity of a generally accepted Grundnorm, or basic norm, such as the supremacy of the Constitution. Entirely self-supporting, it rejects any concept derived from metaphysics, politics, ethics, sociology, or the natural sciences. Beginning with the medieval reception of Roman law, traditional jurisprudence has maintained a dual system of "subjective" law (the rights of a person) and "objective" law (the system of norms). Throughout history this dualism has been a useful tool for putting the law in the service of politics, especially by rulers or dominant political parties. The pure theory of law destroys this dualism by replacing it with a unitary system of objective positive law that is insulated from political manipulation. Possibly the most influential jurisprudent of the twentieth century, Hans Kelsen [1881-1973] was legal adviser to Austria's last emperor and its first republican government, the founder and permanent advisor of the Supreme Constitutional Court of Austria, and the author of Austria's Constitution, which was enacted in 1920, abolished during the Anschluss, and restored in 1945. The author of more than forty books on law and legal philosophy, he is best known for this work and General Theory of Law and State. Also active as a teacher in Europe and the United States, he was Dean of the Law Faculty of the University of Vienna and taught at the universities of Cologne and Prague, the Institute of International Studies in Geneva, Harvard, Wellesley, the University of California at Berkeley, and the Naval War College.Also available in cloth.

Born a Crime

Stories from a South African Childhood

Author: Trevor Noah

Publisher: Spiegel & Grau

ISBN: 0399588183

Category: Biography & Autobiography

Page: 304

View: 3671

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#1 NEW YORK TIMES BESTSELLER • The compelling, inspiring, and comically sublime story of one man’s coming-of-age, set during the twilight of apartheid and the tumultuous days of freedom that followed NAMED ONE OF THE BEST BOOKS OF THE YEAR BY Michiko Kakutani, New York Times • Newsday • Esquire • NPR • Booklist Trevor Noah’s unlikely path from apartheid South Africa to the desk of The Daily Show began with a criminal act: his birth. Trevor was born to a white Swiss father and a black Xhosa mother at a time when such a union was punishable by five years in prison. Living proof of his parents’ indiscretion, Trevor was kept mostly indoors for the earliest years of his life, bound by the extreme and often absurd measures his mother took to hide him from a government that could, at any moment, steal him away. Finally liberated by the end of South Africa’s tyrannical white rule, Trevor and his mother set forth on a grand adventure, living openly and freely and embracing the opportunities won by a centuries-long struggle. Born a Crime is the story of a mischievous young boy who grows into a restless young man as he struggles to find himself in a world where he was never supposed to exist. It is also the story of that young man’s relationship with his fearless, rebellious, and fervently religious mother—his teammate, a woman determined to save her son from the cycle of poverty, violence, and abuse that would ultimately threaten her own life. The stories collected here are by turns hilarious, dramatic, and deeply affecting. Whether subsisting on caterpillars for dinner during hard times, being thrown from a moving car during an attempted kidnapping, or just trying to survive the life-and-death pitfalls of dating in high school, Trevor illuminates his curious world with an incisive wit and unflinching honesty. His stories weave together to form a moving and searingly funny portrait of a boy making his way through a damaged world in a dangerous time, armed only with a keen sense of humor and a mother’s unconventional, unconditional love. Praise for Born a Crime “[A] compelling new memoir . . . By turns alarming, sad and funny, [Trevor Noah’s] book provides a harrowing look, through the prism of Mr. Noah’s family, at life in South Africa under apartheid. . . . Born a Crime is not just an unnerving account of growing up in South Africa under apartheid, but a love letter to the author’s remarkable mother.”—Michiko Kakutani, The New York Times “[An] unforgettable memoir.”—Parade “What makes Born a Crime such a soul-nourishing pleasure, even with all its darker edges and perilous turns, is reading Noah recount in brisk, warmly conversational prose how he learned to negotiate his way through the bullying and ostracism. . . . What also helped was having a mother like Patricia Nombuyiselo Noah. . . . Consider Born a Crime another such gift to her—and an enormous gift to the rest of us.”—USA Today “[Noah] thrives with the help of his astonishingly fearless mother. . . . Their fierce bond makes this story soar.”—People “[Noah’s] electrifying memoir sparkles with funny stories . . . and his candid and compassionate essays deepen our perception of the complexities of race, gender, and class.”—Booklist (starred review) “A gritty memoir . . . studded with insight and provocative social criticism . . . with flashes of brilliant storytelling and acute observations.”—Kirkus Reviews

Cases and Materials on Criminal Law

Author: Joshua Dressler,Stephen Garvey

Publisher: West Academic Publishing

ISBN: 9781628102055

Category: Criminal law

Page: 1139

View: 9632

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This title is a part of our CasebookPlus(tm) offering as ISBN 9781634601658. Learn more at CasebookPlus.com. This popular casebook, through the selection of classic and modern cases, provides an excellent tool for teaching students the common law foundations of the criminal law and modern statutory reform, including the Model Penal Code. Along the way, the casebook considers modern controversies (e.g., "shaming" punishment, capital punishment, broadening sexual assault law, self-defense by battered women, euthanasia, the role of culture in determining culpability), and creatively uses literature (e.g., examining insanity through Edgar Allen Poe's The-Tell Tale Heart) and even "brain teasers" to confront (as the Preface states) "the Big Questions . . . that philosophers, theologians, scientists, and poets, as well as lawyers, have grappled with for centuries." The Seventh Edition, as in the past, includes new cases, as well as updates in the notes that bring current issues of criminal law to the fore. New Power Points have been added to the casebook companion website. For more information and additional teaching materials, visit the companion site.

David and Goliath

Underdogs, Misfits, and the Art of Battling Giants

Author: Malcolm Gladwell

Publisher: Little, Brown

ISBN: 0316204382

Category: Psychology

Page: 320

View: 4823

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Malcolm Gladwell, the #1 bestselling author of The Tipping Point, Blink, Outliers, and What the Dog Saw, offers his most provocative---and dazzling---book yet. Three thousand years ago on a battlefield in ancient Palestine, a shepherd boy felled a mighty warrior with nothing more than a stone and a sling, and ever since then the names of David and Goliath have stood for battles between underdogs and giants. David's victory was improbable and miraculous. He shouldn't have won. Or should he have? In David and Goliath, Malcolm Gladwell challenges how we think about obstacles and disadvantages, offering a new interpretation of what it means to be discriminated against, or cope with a disability, or lose a parent, or attend a mediocre school, or suffer from any number of other apparent setbacks. Gladwell begins with the real story of what happened between the giant and the shepherd boy those many years ago. From there, David and Goliath examines Northern Ireland's Troubles, the minds of cancer researchers and civil rights leaders, murder and the high costs of revenge, and the dynamics of successful and unsuccessful classrooms---all to demonstrate how much of what is beautiful and important in the world arises from what looks like suffering and adversity. In the tradition of Gladwell's previous bestsellers---The Tipping Point, Blink, Outliers and What the Dog Saw---David and Goliath draws upon history, psychology, and powerful storytelling to reshape the way we think of the world around us.

American Private International Law

Author: Symeon Symeonides

Publisher: Kluwer Law International B.V.

ISBN: 9041127429

Category: Law

Page: 368

View: 9409

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This book was originally published as a monograph in the International Encyclopaedia of Laws/Private International Law.

Black's law dictionary

definitions of the terms and phrases of American and English jurisprudence, ancient and modern

Author: Henry Campbell Black,Joseph R. Nolan,Jacqueline M. Nolan-Haley,West Publishing Company

Publisher: West Group

ISBN: N.A

Category: Law

Page: 1136

View: 5633

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Provides definitions of basic legal terms and phrases used in various branches of law throughout English and American history

Emanuel Law Outlines for Property

Author: Steven L. Emanuel

Publisher: Aspen Publishers

ISBN: 9781454870210

Category: Law

Page: 429

View: 6487

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Any law school graduate will tell you that when picking your outline tool you need to pick the best because your outlines are the most important study tool you will use throughout your law school career. Developed by legendary study aid author Steve Emanuel, Emanuel� Law Outlines (ELOs) are the #1 outline choice among law students. An ELO ensures that you understand the concepts as you learn them in class and helps you study for exams throughout the semester. Here's why you need an ELO from your first day of class right through your final exam: ELOs help you focus on the concepts and issues you need to master to succeed on exams. They are easy to understand: Each ELO contains comprehensive coverage of the topics, cases, and black letter law found in your specific casebook, but is explained in a way that is understandable. The Quiz Yourself and Essay Q&A features help you test your knowledge throughout the semester. Exam Tips alert you to the issues and fact patterns that commonly pop up on exams. The Capsule Summary provides a quick review of the key concepts covered in the full Outline--perfect for exam review!