Search results for ""west academic""

This product provides an easy-to-follow, detailed outline on estate and gift tax that discusses topics such as the substantive aspects of the estate and gift tax, coordination of federal estate and gift taxes, the generation-skipping transfer tax, the taxing jurisdiction, proposals for repeal of the federal estate tax, valuation, computation of tax, and returns and payment of tax.This Estate and Gift Tax Outline discusses the Estate Tax, the Gift Tax, Coordination of the Federal Estate and Gift Taxes, The Generation-Skipping Transfer Tax, Taxing Jurisdiction, Proposals for Repeal of the Federal Estate Tax, Substantive Aspects of the Estate Tax, Substantive Aspects of the Gift Tax, Valuation, Computation of Tax, Returns and Payment of Tax, and Tax on Generation-Skipping Transfers.

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Provides law students with an in-depth introduction to the UCC without burdening them with unnecessary detail. Citations have been used to enable the reader to understand the kinds of cases that might be presented under particular provisions of the Code. The materials cover payment systems under UCC Articles 3, 4, 4A, and 5, as well as related statutes, regulations, and operating rules governing negotiable instruments, the banking system, the Federal Reserve, clearinghouses, electronic payments, and letters of credit.

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This Sixth Edition of Public International Law in a Nutshell is a concise yet accurate summary of the field of public international law, covering its basic sources, actors, and procedures, and key subject matter areas, such as human rights, the law of the sea, international environmental law, the law of war, and U.S. foreign relations law. This edition is fully updated to include recent treaties, institutions, and Supreme Court decisions. The book is intended to be helpful for students, scholars, and practitioners alike.

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This is the nation’s first and oldest casebook on securities regulation. This edition has been streamlined for easier use, but it continues to provide instructors and students with the full range of tools for the in-depth study of securities regulation. It has been revised and updated to take into account the following: Initial coin offerings and sales of other crypto-assets Changes in the primary and secondary capital markets, including high frequency trading Certain amendments to the public disclosure requirements Amendments to the limited offering exemptions The ongoing debate around elements of Rule 10b–5 Regulation Best Interest Recent Supreme Court cases, including their implications for certain civil litigation and the SEC’s continued reliance on administrative proceedings

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The Fifth Edition of Principles of International Business Transactions provides a more comprehensive examination of the law relevant to the subject matter and detailed citations to caselaw and other supporting authorities. It can be used by courts and legal practitioners as a resource for research and analysis, as well as by students and professors as a supplement for any international business law course. It tracks the authors' popular problem-oriented coursebook, International Business Transactions. Coverage moves sequentially from structuring international sales transactions to international sales law and letters of credit to regulation of international trade to transfers of technology to foreign investment to international business dispute settlement.

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Gain insight into the laws governing all of the major steps in the civil litigation process, starting with jurisdiction, venue, and ascertaining the governing law, and moving through pleading, joinder, discovery, pretrial management and adjudication, trials, appeals, and the effect and enforcement of judgments. Class actions and other forms of complex, multiparty litigation, as well as Alternative Dispute Resolution (ADR), are also covered. This text addresses the major themes underlying the various rules and procedures, and it has continuing utility as a desk book in legal practice and as an entrée into deeper research.

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It is vital that every evidence or trial practice student, professor or litigator know how to introduce a business record, lay a foundation for expert testimony, or cross-examine a witness about his or her bias. This text cuts through the complexities of evidence and trial law to supply straight-forward advice on ways to get this done.Important techniques for advancing a lawyer's trial proof are abundantly displayed in this book. The successful attorney is a master at laying effective foundations. This text shows how to get this done. For students in clinical programs, trial practice classes or the course in evidence law, this text is a legal treasure.Fresh authorities and recent cases are critical to students and practitioners alike. The text is loaded with contemporary decisions illustrating fundamental elements of evidence law. For advocates, the book is a life-saver. Whether in law school classes, mock trials or a real courtroom, this book provides a lightning-fast path to success. It provides a truly unique guide to the subject of authenticating trial proof, from the topic of party admissions to and through the hearsay declarations of a will testator. It fills the need for a nuts-and-bolts collection of foundation proofs from A to Z.

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This is the 4th edition of the paradigm-shifting text that created the concept of client-centered lawyering. The new edition explains and illustrates fact-gathering and decision-making strategies for civil litigators, criminal defense lawyers and transactional lawyers in the contexts of individual clients, first time and repeat “players,” joint clients, organizational clients, and clients whose cultural backgrounds differ from those of their lawyers. No matter the context, the new edition continues its predecessors’ commitment to a legal culture in which caring lawyers use their knowledge, experience and judgment to empower clients to make satisfactory decisions.

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More than forty years since its initial publication in 1978, the Seventh Edition of Cases and Materials on Family Law gives students an introduction to Family Law that follows the field's traditional and emerging forms in ways that are entirely fresh. Like earlier editions, the Seventh Edition weaves together cases, statutes, model codes, policy, narrative, history, transnational sources, and theory, in highly accessible ways, as it illuminates Family Law's dynamic relationship with the highly variegated social landscape on which it rests. The well-known strengths of earlier editions' treatment of Family Law's many equality themes have been updated and expanded to feature deep engagements at Family Law's intersection with different axes of inequality, including race, ethnicity, gender, gender identity and expression, sexual orientation, and class.

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Thwart Climate Change Now: Reducing Embodied Carbon Brick by Brick addresses an imperative-to slow the pace of climate change within the coming decade-before it's too late. While climate policy typically focuses on future decarbonization 10 to 20 years out, temperatures continue to rise. Greenhouse gases emitted upfront from the materials fabrication, construction, and renovation of our physical environment-embodied emissions-accelerate the rate of global warming now. Sadly, they increase atmospheric carbon before our buildings and infrastructure are even used. Often ignored or deemed too perplexing to resolve, the need to reduce embodied emissions immediately is the subject of this book.Written for a variety of readers-from policymakers and legislators to architects and developers-Thwart Climate Change Now addresses how to tackle the built environment's "embodied" carbon emissions, highlighting specific design and policy issues that overlook their own contribution to atmospheric carbon. The book brings together the science of climate change, sustainable design, and green policies in a language accessible to a diverse readership, followed by case study examples to support design, policy and legislative recommendations to slow emissions growth in the near term.

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Environmental risks can have a significant impact on organizations, affecting investment decisions, stakeholder interactions, and government regulations. These risks have become more apparent particularly as the effects of climate change are felt by the world’s industries, populations, and ecosystems. Organizations of all sizes can improve their chances of success—and survival—by integrating sustainability into their operations and decision-making.The Sustainability Handbook covers the complexities, challenges, and benefits of sustainability when pursued by corporate, academic, government, and nonprofit organizations. It provides a blueprint on how organizations can reach or exceed economic, social, and environmental excellence. This second edition identifies the newest, most cutting-edge practices in the field to stimulate organizations of all types to take the next step toward sustainability, offering a wide variety of practical approaches and tools, including a model sustainability policy for organizations, summaries and tips on selecting sustainability codes, an extensive collection of sample metrics, and much more.

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This popular casebook has a unique approach to focusing on real problems and real administrative practice. The latest Supreme Court cases and the hottest issues are discussed. The new edition retains its distinctive characteristics of using problems as the primary pedagogical tool, including problems that do not involve courts; raising the ethical issues peculiar to government lawyers; and orienting the course around administrative law practice, rather than theory. While theory is not ignored, it arises out of the crucible of reality-based problems, providing a basis for students to appreciate the theory.

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This book is a complete, unchanged reprint of Chapters 1–6 of Saltzburg & Capra, American Criminal Procedure (11th ed. 2018). The new edition of the hardcover text contains detailed commentary, highlighted treatment of selected lower court cases, and full consideration of Supreme Court cases.

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The distinctive feature of this Federal Courts casebook, and the main difference between it and other Federal Courts books, is its systematic focus on remedial issues, especially the problems that arise when a litigant tries to enforce federal constitutional or statutory rights against state or federal governments and officers in the federal courts. Departing from the traditional approach of Federal Courts books, we begin with a chapter on section 1983 litigation. The book stresses economy of means, clarity of presentation, and attention to the real-world Federal Courts issues that students need to understand and anticipate. This edition covers the major cases decided by the Supreme Court over the past four years. New main cases include Rucho v. Common Cause, Lexmark v. Static Control Components, and Spokeo v. Robins (all in chapter 4). In chapter 5, Lapides v. Board of Regents is now a main case. In the notes we discuss Ziglar v. Abbasi (chapters 1 and 2), Knick v. Township of Scott (chapters 1 and 2), Armstrong v. Exceptional Child Center (chapters 1 and 5), Lightfoot v. Cendant Mortgage Corp. (chapter 3), Virginia House of Delegates v. Bethune-Hill (chapter 4), Franchise Tax Board v. Hyatt (chapter 5), Davila v. Davis, Johnson v. Lee, Wilson v. Sellers, Shoop v. Hill, and Montgomery v. Louisiana (all in chapter 9), Wellness International Network v Sarif, Oil States Energy Services v. Greene's Energy Group, and Ortiz v. United States (all in chapter 10.)

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The book is not organized according to the chronological life of a corporation. Instead, the book begins by examining the tax treatment of a withdrawal of property from an existing corporation. The reason for choosing that organization is that the concepts embodied in such topics as dividends, earnings and profits, and stock redemptions are the fundamental building blocks on which the more complex provisions of corporate taxation rest. The authors explain the technical operation of the various Code provisions and provide numerous examples illustrating how they are applied and how several provisions must be read in concert with each other.

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The 6th Edition of Civil Procedure: A Contemporary Approach is designed to provide a clear and actively engaging presentation of civil procedure in a manner that enables both students and professors to assess learning success throughout the course.The Sixth Edition fully incorporates all amendments to the Federal Rules of Civil Procedure through December 1, 2020, as well as a few case law developments since the 2018 publication date of the Fifth Edition.Particularly noteworthy new cases that are included in this edition are the Supreme Court's recent decisions pertaining to arbitration: Lamps Plus, Inc v. Varela, 139 S. Ct. 1407 (2019) (courts may not infer from an ambiguous agreement that parties have consented to class arbitration); New Prime, Inc. v. Oliveira, 139 S. Ct. 532 (2019) (applicability of FAA's overage exclusion to be determined by court not arbitrator); Henry Schein, Inc. v. Archer and White Sales, Inc., 139 S. Ct. 524 (2019) (courts may not determine arbitrability if that decision has been delegated to the arbitrator under the agreement); and Epic Systems Corp. v. Lewis, 138 S. Ct. 1612 (2018) (FAA savings clause does not permit invocation of arbitration-specific defenses; NLRA does not provide basis for outlawing class action waivers in the labor dispute context).Developments in the class action area are included as well, including coverage of the 2018 amendments to Rule 23 as well as Supreme Court decisions in Nutraceutical Corp. v. Lambert, 139 S. Ct. 710 (2019) (Rule 23(f)'s 14-day deadline for appeal is not jurisdictional and is not subject to equitable tolling), and China Agritech v. Resh, 138 S. Ct. 1800 (2018) (no tolling of statute of limitations periods for putative class representatives who wait until the expiration of the limitations period to file class claims).Finally, this edition discusses recent developments with respect to personal jurisdiction jurisprudence, covering the emerging issue of personal jurisdiction over the claims of absent class members who lack any connection with the forum state, and the appropriate standard courts should use for determining whether a claim arises out of or relates to contacts with the forum state for purposes of specific jurisdiction. Both issues were before the Supreme Court at the time of publication of the Sixth Edition and will likely have been resolved by the time this edition is published.This edition, like the one that preceded it, integrates references to online assessment tools in the CasebookPlus™ platform. These consist of a bank of 300 multiple-choice questions that provide comprehensive assessment of the topics covered in this book, with detailed feedback consisting of explanations for both correct and incorrect responses. This feature provides an unparalleled opportunity to engage with the material actively as the course progresses and permits students and professors to determine the extent to which the material is being learned. The bank of questions also serve as excellent preparation for the civil procedure component of the Multistate Bar Exam.CasebookPlus Hardbound - New, hardbound print book includes lifetime digital access to an eBook, with the ability to highlight and take notes, and 12-month access to a digital Learning Library that includes self-assessment quizzes tied to this book, leading study aids, an outline starter, and Gilbert Law Dictionary.

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This text, the only criminal law casebook authored by two progressive female law professors of color, provides the reader with both critical race and critical feminist theory perspectives on criminal law while following a traditional format. All of the usual subject areas are covered, but the book is unique in highlighting the cultural context of substantive criminal law.The book seamlessly integrates issues of race, gender, class, and sexual orientation so the teacher who wishes to address such issues does not have to assign supplemental reading assignments in order to do so. The book is also very student-friendly, providing a brief doctrinal overview of the subject matter at the beginning of each chapter.

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The Fifth Edition integrates all significant developments that have occurred since the last revision of this casebook in 2013. These changes include new principal cases to reflect significant changes in the law with particular emphasis on personal jurisdiction, and scores of amended problems and notes to reflect all changes in such other areas as the definition of citizenship for diversity purposes, transfer of venue, pleading, and class actions. The Fifth edition also includes a full discussion and analysis of all of the intervening Supreme Court and important lower court opinions, and significant changes in the Federal Rules of Civil Procedure.

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The Sixth Edition offers a comprehensive and up-to-date introduction to the vital field of legislation and regulation. It addresses efforts by President Trump to curtail the powers of the administrative state, and new Supreme Court decisions reviewing challenges to these efforts under the Constitution and the Administrative Procedure Act. In addition, the Sixth Edition expands its celebrated treatment of statutory interpretation, examining recent debates among textualists, legal process advocates, and pragmatists about future directions of interpretation in a post-Scalia era. The new edition also creates separate chapters addressed to intrinsic interpretive doctrines (dictionaries and canons) and extrinsic doctrines (the common law, legislative background, and other statutes), with each chapter highlighting recent decisions by the Supreme Court. Finally, the Sixth Edition includes important updates on the law of the legislative process—notably developments addressed to equality in representation; racial and national origin vote dilution; political gerrymandering; and bribery of public officials. The Sixth Edition makes a uniquely rich contribution to the field: it is perfect for 1L Legislation and Legislation-Regulation (LegReg) courses, and it remains the go-to book for upper level courses.

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The Sixth Edition of this widely used casebook includes the usual rich mix of materials and is adaptable to a survey course, a policy-oriented seminar, or a more specialized J.D. or LL.M tax class. Every major topic is accompanied by a skillfully developed problem set and lively notes, questions, policy discussion, and bibliographic references.Highlights of the Sixth Edition include: Coverage of all important developments since the last edition, including the impact of the COVID-19 pandemic on the nonprofit sector; recent legislation and final regulations on the new excise taxes on excessive executive compensation and large charitable endowments, and the unrelated business tax "silo" rules; major antitrust litigation against the NCAA and related legislative proposals to expand the rights of college athletes; and state law developments. Selective discussion of the American Law Institute's forthcoming Restatement of the Law of Charitable Nonprofit Organizations. Division of the chapter on charitable tax exemptions into two chapters, separately covering affirmative requirements for tax exemption (Chapter 5) and limitations on exemptions and procedural requirements (Chapter 6). Updated author's text addressing the robust policy debate over income inequality, "elite philanthropy," and the implications for reform of the charitable deduction. Surveys of proposed tax legislation, including enhanced regulation of donor-advised funds and private foundations. Pruning of dated materials, more tightly edited cases and notes, and several new problems.

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Technology is redefining financial services—including the way actors make and settle payments, raise capital, extend loans, and memorialize increasingly complex relationships. At the same time, new innovations—from cryptocurrencies to marketplace lending, robo-advising, and mobile payments—are creating novel regulatory issues for anti-money laundering requirements and cybersecurity. This Nutshell provides an overview of some the key developments reshaping finance—and the rules deployed to oversee them.Chris Brummer's Fintech Nutshell has been named by BookAuthority one of the 20 Best New Fintech Books to Read in 2020!

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This problem-based book contains conversational textual explanations of the core areas of the UCC tested on most bar exams. It focuses on Articles 2, 3, 4, and 9 with some coverage of relevant federal laws such as the Bankruptcy Code, Magnuson-Moss Warranty Act, and the Truth in Lending Act. It teaches students core concepts of the UCC by working through practical problems of varying difficulty. It is designed for a 4-credit survey course; however, it is divided according to UCC Articles so a teacher may use individual chapters for supplemental problems in another course that covers a particular UCC article.

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This supplement brings the principal text current with recent developments in the law.

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An updated and expanded edition of the widely used overview of international human rights law for students, practitioners, and professors. Provides a comprehensive overview of the international, regional and domestic human rights systems. Reviews recent developments in the field, including in the UN, European, OAS and African human rights systems and the adoption of new conventions such as those on forced disappearances and persons with disabilities. Includes chapters on the treatment of human rights treaties and norms within the U.S. legal system as well as on the role of non-governmental human rights organizations. Discover the history behind international human rights, including the institutional context from which they evolved. An unparalleled resource for beginning students as well as more experienced practitioners.

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Good students need to know more than the rules. Law students need to know more than substantive law, and business students need to know more than basic business principles. Students need to be able to understand how the clearest policies can be undercut by the ways in which humans tend to think, both individually and in groups. Most of the world's scandals weren't caused by villains; but rather by humans reacting to certain types of situations. In retrospect, it's possible to piece together what caused a scandal, but this book gives students the tools to try to forestall the development of a scandal in the first place. By deconstructing well-known scandals, students can put themselves in the role of CEO or General Counsel and determine how they would discover ways to react differently.

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This supplement brings the principal text current with recent developments in the law.

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The Sixth Edition offers a rich blend of materials mixing textual coverage, problems and provocative cases designed to promote lively class discussion in Remedies. The authors have revised a great book that preserves the best of the former editions and adds revisions and updates, especially in the areas of Equitable Defenses, Preliminary Injunctions, Adjustments and Limitations on Damages, Damages for Economic Loss, Jury Trials, and Declaratory Judgments.This law school casebook focuses on the fundamental tools of judicial remedies—injunctions, damages, and restitution. In addition to providing students with a solid grounding in these basics, the casebook also offers the professor choices about which additional areas to cover in depth. Those choices for instruction beyond the basic topics include: Specific Performance Equitable Defenses Contempt Preliminary and Permanent Injunctions Structural Injunctions Common law damages and Tort Reform Adjustments and Limitations on Damages Enjoining Speech/Litigation/Crimes/Nuisances Consequences of Remedial Characterizations

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This casebook offers law professors and students a doctrinally comprehensive, theoretically ambitious, and up-to-date exploration of the treatment of sexuality and gender in American public law. The Fourth Edition extends the historically grounded first chapter from the Third Edition – establishing the three primary doctrinal strands of liberty, equality, and expression – through the end of the twentieth century. The second chapter focuses on the turning points that now define the field: The post-Roe "undue burden" standard as it has evolved from Planned Parenthood v. Casey to Whole Woman's Health v. Hellerstadt; The elimination of criminal laws against sexual conduct based on morality in Lawrence v. Texas and queries as to the reach of that principle; and The legalization of same-sex marriage in Obergefell v. Hodges. Discrimination against women and against trans- and non-binary persons is highlighted throughout the book, from the historical chapter through the most contemporary disputes in workplace and family law. The book's distinctive chapter on the theoretical debates that underlay the field contains more coverage of intersectional and trans-influenced thinking, and a new chapter focuses on the conflict between equality and religious liberty claims, which increasingly dominate in both LGBT and reproductive rights cases. With Professor Courtney Joslin of UC-Davis Law School joining as a new co-author, Sexuality, Gender, and the Law continues to provide both the most comprehensive and deepest coverage of this dynamic field.

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This title covers the law of business associations for introductory courses, including agency, general partnerships, closely held corporations, publicly held corporations, limited partnerships, limited liability partnerships, and limited liability companies. The material on the unincorporated business forms has been revised, updated, and expanded to reflect the centrality of these forms of business organization in modern law practice and the economy generally. Among other state and model statutes, the Uniform LLC Act (2013), the Uniform Partnership Act (2013), the Uniform Limited Partnership Act (2013), the Third Restatement of Agency (2006), and the Model Business Corporation Act (2016) are discussed and cited.

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This title offers an engaging and comprehensive overview of how American courts use research and testimony from the social sciences in reaching their decisions. It is organized around Daubert v. Merrill Dow Pharmaceuticals, Inc., the United States Supreme Court's landmark decision on scientific evidence. New Daubert-based cases are integrated throughout the text. The ninth edition offers a completely revised and up-to-date treatment of the increasingly critical role social science research plays in both federal and state judicial opinions.

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Considerably shorter than other casebooks, this accessible and engaging title focuses on the controversies over constitutional interpretation leading up to the United States Supreme Court's holdings in Lawrence v. Texas (2003) and Obergefell v. Hodges (2015): namely, that the Constitution's commitments to liberty and equal protection encompass rights of same-sex intimacy and marriage. It also takes up emerging conflicts between protection of constitutional rights for gay men and lesbians, on the one hand, and First Amendment claims of freedom of association and religious liberty by persons who oppose protection of such rights, on the other. This book will be suitable as either the basic text of a one-semester course or as a supplementary text for courses in civil liberties.With five original scholarly essays written by esteemed constitutional scholars, this book looks beyond judicial doctrine and asks whether the current constitutional status of gay rights is consistent with principles that trace back to the American Founding and the Civil War Amendments and that continue to animate American politics.

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The subjects covered in this outline are regulating admission to practice, preventing unauthorized practice of law. Discusses the contract between client and lawyer, including lawyer's duties regarding accepting employment, spheres of authority of lawyer and client, obligation of client to lawyer, and terminating the lawyer-client relationship, and attorney-client privilege. Other topics discussed include professional duty of confidentiality, conflicts of interest, obligations to third persons and the legal system, special obligations in litigation (including limitations on advancing money to client and duty to reject certain actions), solicitation and advertising, specialization, disciplinary process, malpractice, and special responsibilities of judges.

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This supplement includes all of the Restatement provisions, uniform acts, and statutes needed for the casebook, The Law of Business Torts and Unfair Competition: Cases, Materials, and Problems (2016), by Professors Colin Marks and Douglas Moll. Among other provisions, the supplement includes material from the Second and Third Restatement of Torts, the Third Restatement of Unfair Competition, the Lanham Act, and the Uniform Trade Secrets Act.

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This textbook provides comprehensive coverage of international finance from policy, regulatory, and transactional perspectives.It is organized in five parts. Part One deals with the international aspects of banking and securities markets in major financial centers. It covers the global financial crisis of 2007-2009 and the 2010 Eurozone crisis, systemic risk, and macroprudential regulation. Part Two considers the infrastructure of global financial markets, including payment, clearing and settlement systems, foreign exchange regimes, and international coordination of capital requirements. Part Three deals with major market instruments, including securitization and derivatives contracts, and the regulation of money managers. Part Four covers topics of special relevance for the emerging markets, such as project finance and sovereign debt. A full chapter is devoted to China's financial reforms and its evolving role in the international financial architecture. Part Five addresses the challenge of controlling the financing of terrorism.

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