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Consumer Bankruptcy
David Gray Carlson
Consumer Bankruptcy is a new case book designed for a two- or three-unit law school course focusing solely on the unique issues that arise under the United States Bankruptcy Code when an individual with primarily consumer debts files for bankruptcy. The book fully explores the complexities introduced in 2005 with the enactment of the Bankruptcy Abuse Prevention and Consumer Protection Act, legislation that clearly sets out consumer bankruptcies as a very technical sub-specialty in the field of bankruptcy. Covered in this book are the barriers to entry by a consumer into chapter 7 liquidation, issues relating to discharge of debt, chapter 13 plans and chapter 13 cases converted to chapter 7. About the author: David Gray Carlson is Professor of Law at the Benjamin N. Cardozo School of Law. He is the author of a treatise on secured credit in bankruptcy and of over sixty law review articles on various aspects of bankruptcy and debtor-creditor law. Five of these articles concern the effect of the 2005 Bankruptcy Abuse Prevention and Consumer Protection Act, which revolutionized the law of consumer bankruptcies. He has taught a basic bankruptcy course for 25 years, before concluding that consumer bankruptcies had become such a sub-specialty that it is better taught in a course separate from the basic course. Besides teaching at Cardozo Law School, Carlson has taught at George Washington University Law School, University of Miami Law School, University of Michigan Law School and Washington & Lee School of Law.
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The Middle Voice: Mediating Conflict Successfully
Joseph B. Stulberg and Lela P. Love
Everyone mediates. The only question is: how well do we do it?
Whether you want to strengthen your skills as a professional mediator, or more successfully manage conflict in your workplace, classroom, family, community, service organization, or political group, this book will give you insight into conflict and tools to address it effectively.
The Middle Voice describes the crucial role that a mediator plays in dealing with disputes and the theory and strategy that guide successful performance. Richly illustrated with examples, it leads you stage by stage through the mediation process, outlining skills and knowledge necessary to execute each step. You will come away understanding what values govern mediation practice, how to begin a conversation between disputants, what to listen for, how to structure a constructive dialogue, ways to overcome impasse, and how to help disputing parties reach closure.
When done well, mediation develops understanding, energizes problem-solving, and helps people reach durable agreements. This straightforward, easy-to-understand book gives you the keys to success at helping others resolve their conflict.
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Tort Law : Responsibilities and Redress
John C.P. Goldberg, Anthony J. Sebok, and Benjamin C. Zipursky
This versatile casebook, written by authors who are at the forefront of torts scholarship, presents contemporary tort law in a clear and systematic framework. Now in its second edition, Tort Law: Responsibilities and Redress , has been refined based on classroom feedback to make it even more user-friendly and informative to students and professors alike. Among the distinctive characteristics of this unique casebook: Tort law is presented as a coherent whole. Students leave the course with a clear sense of what tort law is and what it does, and how it differs from other bodies of law, such as contracts or criminal law. Painstaking case selection ensures that students will be exposed to memorable opinions that effectively convey the substance of tort doctrine while also enabling the professor to explore from any given intellectual or political perspective underlying issues of policy, process, and theory. Current and classic cases expose students to a diverse array of case law, including decisions from jurisdictions around the country and from trial courts as well as state and federal appellate courts. Modular design of chapters permits the professor to proceed from any of several different starting points, including intentional torts, negligence, or a big-picture overview of the field. Ample explanatory text is provided, particularly in chapters that are likely to be covered early in the course. Additional materials three appendices and two "modules" are provided to permit professors who teach 5- or 6-hour courses to cover issues of history, policy, and theory. Substantial expository text offers unparalleled guidance in clarifying key torts concepts such as duty, breach, proximate cause, and intent. the Teacher's Manual sets the standard for giving professors everything they need to succeed in the classroom. the meticulous revision of this casebook includes: Revised Chapter 2, The Duty Element, makes the material more accessible to students and enables teachers to proceed more quickly through the duty component of negligence, should they wish to spend more time on other negligence topics or other torts. New cases are more straightforward and more modern than those they have replaced.. Revised Chapter 5, Proximate Cause and Palsgraf, presents with even greater clarity than the first edition, The topics within negligence law that are most prone to generate student confusion. Revised Chapter 9, Battery, Assault, and False Imprisonment, contains a new initial sequence of cases and notes carefully designed to support courses that begin with intentional torts. New website that includes "retired" cases from the First Edition, practice questions, and other materials of interest. Tort Law: Responsibilities and Redress, Second Edition, offers a contemporary approach to teaching torts without sacrificing attention To The conceptual underpinnings necessary to an in-depth understanding of tort law's operation in the modern legal system.
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The Four Lacanian Discourses, or, Turning Law Inside-Out
Jeanne Lorraine Schroeder
This book proposes a taxonomy of jurisprudence and legal practice, based on the discourse theory of Jacques Lacan. In the anglophone academy, the positivist jurisprudence of H.L.A. Hart provides the most influential account of law. But just as positivism ignores the practice of law by lawyers, even within the academy, the majority of professors are also not pursuing Hart's positivist project. Rather, they are engaged in policy-oriented scholarship - that tries to explain law in terms of society's collective goals - or in doctrinal legal scholarship - that does not try to describe what law is, or to supply justifications for it - but which examines the 'internal' logic of law. Lacan's discourse theory has the power to differentiate the various roles of the practicing lawyer and the legal scholar. It is also able to explain the striking lack of communication between diverse schools of legal scholarship and between legal academia and the legal profession. Although extremely influential in Europe and South America, Lacanian theory remains largely unexplored (in the English-speaking world) outside of the field of comparative literature. In taking up the jurisprudential ramifications of Lacan's work, The Four Lacanian Discourses thus constitutes an original contribution to current theoretical and practical understandings of law.
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A Commentary to Hegel's Science of Logic
David Gray Carlson
Hegel is regarded as the pinnacle of German idealism and his work has undergone an enormous revival since 1975. In this book, David Gray Carlson presents a systematic interpretation of Hegel's 'The Science of Logic', a work largely overlooked, through a system of accessible diagrams, identifying and explicating each of Hegel's logical derivations.
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Estates and Trusts : Cases and Materials
Joel C. Dobris, Stewart E. Sterk, and Melanie B. Leslie
A functional approach to wills and to trusts, Estates and Trusts provides comprehensive treatment of the subject of estates and trusts. The Third Edition of the casebook provides increased focus on cutting edge issues including asset protection trusts, dynasty trusts, and tortious interference with inheritance. The new edition simplifies treatment of estate tax issues, and includes discussion of the estates of various celebrities including Anna Nicole Smith (complete with photograph), James Brown, Doris Duke, and Andy Warhol in order to bring complex legal issues to life.
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The Origins of the Ownership Society: How the Defined Contribution Paradigm Changed America
Edward A. Zelinsky
As Baby Boomers plan for their retirements, finance their children's educations, and provide for their families' medical expenses, they confront a fundamental reality: America today is a defined contribution society. We save for retirement, health care and educational savings through IRAs, 401(k) accounts, 529 programs, FSAs, HRAs, HSAs and other individual accounts which did not exist a generation ago. In its own way, the emergence of these accounts has been a revolution which has, step-by-step, without fanfare, cumulatively transformed tax and social policy in fundamental ways. The Origins of the Ownership Society describes the defined contribution revolution, its causes, and implications. For lawyers, the book provides useful insights into the network of individual accounts which are now central features of the U.S. income tax for retirement, medical, and health savings. For those concerned about public policy, the book provides useful guidance regarding our options in providing for the retirement of the mass numbers of Baby Boomers, and in preparing young Americans for the medical costs of their older years. The defined contribution format will, for good or for ill, be the framework governing the Baby Boomers' choices. For everyone else, including the Baby Boomers themselves, the book explains where we are, how and why we got there, and what our options are for the future.
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Bioethical Dilemmas: A Jewish Perspective Volume 2
J. David Bleich
The awesome medical breakthroughs today raise perplexing ethical questions for the Torah world. Written for the scholar and general reader alike, this second volume in a series contains a treasure trove of information, such as cloning, stem cell research, hazardous medical procedures, controversy concerning circumcision, and more.
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The Logic of Subchapter K : a Conceptual Guide to the Taxation of Partnerships
Laura E. Cunningham and Noël B. Cunningham
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The Laws of Love : a Brief Historical and Practical Manual
Peter Goodrich
You are at a dinner with someone attractive. She suddenly kisses you. Or he leans unexpectedly across the table and caresses your thigh. Whatever. You know the kind of encounter and the range of possible responses. Consider the kiss. What does it mean, and where does it lead? Does kissing necessarily imply more, and if so how much? These and similar questions of amorous ethics and erotic disquisition are the central to our everyday intimate public lives and they are the lost object of the law of love, the lex amatoria collated and presented here.
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Administrative Law and Regulatory Policy: Problems Text, and Cases, 6th Edition
Michael Herz, Stephen G. Breyer, Richard B. Stewart, Cass R. Sunstein, and Adrian Vermeule
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Trusts and Estates
Melanie B. Leslie and Stewart E. Sterk
This new Concepts and Insights title makes complex doctrinal rules easier to understand by exploring the history and rationale behind those rules. The analysis is thorough, and focuses both on common law doctrines and statutory reforms?with an emphasis on the Uniform Probate Code. Each substantive chapter closes with a set of exam-like problems designed to test understanding of the material included in the chapter. The authors also include thorough solutions to each of these problems. This is the only book in the field that combines thorough doctrinal analysis with more than 60 review problems, each with complete solutions.
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Negotiation : Processes for Problem Solving
Carrie J. Menkel-Meadow, Andrea Kupfer Schneider, and Lela P. Love
This comprehensive new negotiation book allows instructors teaching separate courses, short electives, linked ADR surveys, and CLE training courses or clinics to experience the distinctive approach of the celebrated author team of Menkel-Meadow, Schneider, and Love. Building on the material in their 2005 ADR survey casebook, NEGOTIATION: Processes for Problem Solving enlarges and enriches the topic coverage.
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Mediation : Practice, Policy, and Ethics
Carrie Menkel-Meadow, Lela P. Love, and Andrea Kupfer Schneider
The book takes a distinctive new approach to the skills, processes, and applications of mediation: - comprehensive, current coverage of the world of mediation includes law and policy, case examples, practice guidelines for both mediators and attorney representatives in mediation, an exploration of mediation in the transactional and international arenas, and an examination of ethical guidelines and dilemmas - the authors present critiques of mediation, as well as its promise and potential - the distinguished author team, all leaders in dispute resolution, are recognized for their scholarship, teaching, practice, policy making, and standards drafting - practical problem-solving approach includes both analytical and behavioral approaches in varying gender, race, and cultural contexts - carefully selected cases are supported by key readings in various formats -- from critical articles and empirical studies to statutes and regulations To streamline preparation for class, an extensive Teacher's Manual contains: - suggested syllabi - teaching notes and discussion pointers - additional problems and role plays - lists of supplemental materials, such as videos and transcripts - examination and paper suggestions for each chapter.
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Contemporary Halakhic Problem Volume 5
J. David Bleich
The newest in a much-lauded series by a world-renowned authority on Jewish law and contemporary life, this volume includes sections on such issues as rabbinic confidentiality, the use of surveillance systems, fax and telephone machines on Shabbos, observance of mitzvos in polar regions, and much more. The author, a distinguished scholar, outlines the issues, brings the opinions of various halachic decisors, and explains the basis of disagreements between them. A must for anyone interested in Jewish law.
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Dispute Resolution: Beyond the Adversarial Model
Carrie Menkel-Meadow, Lela P. Love, Andrea Kupfer Schneider, and Jean R. Sternlight
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Tort Law : Responsibilities and Redress
John C.P. Goldberg, Anthony J. Sebok, and Benjamin C. Zipursky
This ambitious new casebook makes clear to students that recent developments present the tort system with an array of complex issues beyond the nuts and bolts of accident law. Authors John Goldberg, Anthony Sebok, and Benjamin Zipursky combine their expertise in tort law to provide a casebook For The next generation of torts professors. Here's what makes Tort Law: Responsibilities and Redress an exciting and original entrant into the field: Overall Presentation emphasizes themes of responsibilities and rights to sue, which permits the coherent presentation of materials while supporting analysis from various practical and theoretical perspectives Negligence, international torts, and products liability are sequenced to ensure coverage of all major topics while also permitting the instructor to select among contemporary issues, such as iquest;junk science,iquest; tobacco litigation, domestic violence and consumer fraud Clear, no-hiding-the-ball text permits in-depth analysis of substantive tort concepts while also introducing, students to related topics such as worker's compensation, liability insurance and attorney's fees Succinctly edited and up-to-date cases from state and federal courts are integrated with classics such as Carroll Towing and Palsgraf, demonstrating that tort law is a dynamic subject, continually responding to social, political, and economic developments Materials are especially designed to facilitate development of common law reasoning, while providing the basis for education in important statutory and administrative developments, such as the 9/11 Victims' Compensation Fund Practice questions assist students in grasping important issues Original appendices on the history of tort law and tort theory provide context For The materials in the book and permit in-depth discussion of those topics at the instructor's option the clear and carefully plotted structure of the casebook encourages both in-depth analysis of tort doctrine and engagement with pressing contemporary problems. Part I uses the famous Winterbottom-MacPherson line of decisions to introduce students to tort law and precedent-based reasoning Part II presents a detailed analysis of the elements of negligence Part III unites claims for dignitary torts with claims for emotional distress Part IV examines traditional notions of strict liability, then moves smoothly to modern product liability law Part V offers a choice of four iquest;modulesiquest; respectively addressing tobacco liability, The 9/11 Victims' Compensation Fund, tort reform, and domestic violence, permitting broad-ranging policy discussions about the contemporary relevance of tort law Tort Law: Responsibilities and Redress: Cases and Materials will help you arm your students with a sophisticated understanding of the complexity and dynamism of tort law.
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The Triumph of Venus : the Erotics of the Market
Jeanne Lorraine Schroeder
The theory of law and economics that dominates American jurisprudence today views the market as rational and individuals as driven by the desire to increase their wealth. It is a view riddled with misconceptions, as Jeanne Lorraine Schroeder demonstrates in this challenging work, which looks at contemporary debates in legal theory through the lens of psychoanalysis and continental philosophy. Through metaphors drawn from classical mythology and interpreted via Lacanian psychoanalysis and Hegelian philosophy, Schroeder exposes the hidden and repressed erotics of the market. Her work shows how the predominant economic analysis of markets and the standard romantic critique of markets are in fact mirror images, reflecting the misconception that reason and passion are inalterably opposed.
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Comparative Constitutionalism : Cases and Materials
Norman Dorsen, Michel Rosenfeld, András Sajó, and Susanne Baer
This law school casebook examines how the vast increase in international movements of people, capital, goods, ideas and information affect commercial relationships and the development of human rights. It contains examples from countries in all continents, examining the assumptions, choices, trade-offs and values that have formed the foundations of individual legal systems. Examples also illustrate how other constitutional democracies address similar problems, and illuminate different theories of constitutionalism as they have evolved in many types of legal systems. The work also seeks to help students comprehend the nature and problems of regional and international institutions and adjudicatory bodies.
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Judaism and Healing: Halakhic Perspectives
J. David Bleich
Judaism and Healing is a concise, incisive, but nontechnical study of major issues in medical bioethics. Rabbi Bleich examines each topic from the perspective of Jewish tradition. Truth-telling, professional secrecy, population policy, abortion, sex-change surgery, test tube babies, animal experimentation, euthanasia, autopsy, and sex preselection are among the more than thirty topics discussed as a guide to understanding the teachings of normative Judaism. This new and expanded edition adds chapters on AIDS, surrogate motherhood, pregnancy reduction, cloning, and palliation of pain. Rabbi Bleich presents in a clear and lucid manner principles and concerns which enter into the formulation of a Jewish response to each of these issues. Judaism and Healing is a treasure-trover of information with regard to the concerns of both bioethics and Jewish law.
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Administrative Law and Regulatory Policy : Problems, Text, and Cases
Stephen G. Breyer, Richard B. Stewart, Cass R. Sunstein, Adrian Vermeule, and Michael E. Herz
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Actual Innocence : When Justice Goes Wrong and How to Make it Right
Jim Dwyer, Peter Neufeld, and Barry Scheck
Extraordinarily powerful stories of ordinary people locked up for crimes they did not commit, and how they were freed against great odds.
A nightmare from a thousand B-movies: a horrible crime is committed in your neighborhood, and the police knock at your door. A witness swears you are the perpetrator; you have no alibi, and no one believes your protestations of innocence. You're convicted, sentenced to hard time in maximum security, or even death row, where you await the executioner's needle.
Tragically, this is no movie script but reality for hundreds of American citizens. Our criminal justice system is broken, and people from all walks of life have been destroyed by its failures. But science and a group of incredibly dedicated crusaders are working to repair the damage.
In the last ten years, DNA testing has uncovered stone-cold proof that sixty-five completely innocent people have been sent to prison and death row. But even in cases where there is physical evidence, the criminal justice system frees prisoners only after a torturous legal process. Incredibly, according to many trial judges, "actual innocence" is not grounds for release from prison.
At the Innocence Project, Barry Scheck and Peter Neufeld have helped to free thirty-seven wrongly convicted people, and have taken up the cause of hundreds more. Pulitzer Prize-winning columnist Jim Dwyer has been covering innocence cases for a decade. In Actual Innocence, Scheck, Neufeld, and Dwyer relate the harrowing stories of ten innocent men--convicted by sloppy police work, corrupt prosecutors, jailhouse snitches, mistaken eyewitnesses, and other all-too-common flaws of the trial system--and tell of the heroic efforts to free them.
Intense, startling, and utterly compelling, Actual Innocence is a passionate and fascinating journey through the looking glass of the American criminal justice system.
Tragically, this is no movie script but reality for hundreds of American citizens. Our criminal justice system is broken, and people from all walks of life have been destroyed by its failures. But science and a group of incredibly dedicated lawyers are working to repair the damage.
In the last decade of this century, DNA testing has uncovered stone-cold proof that fifty-five completely innocent people were sent to prison and death row. At the Innocence Project, Barry Scheck and Peter Neufeld have managed to free forty-three wrongly convicted people and have taken up the cause of two hundred more. Pulitzer Prize winning columnist Jim Dwyer covered this courthouse revolution from its very first days. In Actual Innocence, Scheck, Neufeld, and Dwyer relate the harrowing stories of ten of these individuals--convicted by sloppy police work, corrupt prosecutors, jailhouse snitches, mistaken witnesses, inept lawyers, and other all-too-common flaws in the trial system--and tell of the heroic efforts to free them.
Intense, harrowing, and compelling, Actual Innocence is a passionate argument for sanity in our courtrooms and a fascinating journey through the looking glass of the American criminal justice system.
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