Search results for ""West Academic""

This book provides a relatively comprehensive examination of cybersecurity related laws that would be helpful for lawyers, law students, and Chief Information Security Officers (CISOs) and other cybersecurity and privacy professionals. The book outlines and details the U.S. federal sectoral approach to cybersecurity, such as covering the Gramm-Leach-Bliley Act and regulations, and the Health Insurance Portability and Accountability Act Security Rule, as well as an examination of state laws impacting cybersecurity, such as data breach notification, privacy and state education laws. International issues as well as specific topics such as ransomware and the Internet of things are addressed. Notably, the book provides a review of the role of the cybersecurity professional, risk assessment as well as the National Institute of Standards and Technology (NIST) risk assessment framework, and laws related to hacking.

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Of the first-year subjects, Civil Procedure is the most foreign to students' experience. This book unlocks Civil Procedure by explaining doctrine and rules and placing them in context – explaining the role of each and how each doctrine relates to the others. It includes a chapter on how law school differs from college and what that means for class- and exam-preparation. It provides concrete analytical frameworks for resolving exam questions. And throughout, scores of examples allow you to apply the law to fact patterns.

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The casebook was designed for four-hour, one-semester courses. It includes introductions that quickly orient students within unfamiliar territories. Cases present both the doctrine applied and, in some instances, the shortcomings of that doctrine. The authors express their disagreement about basic issues, so that students can experience the range of possible views in modern contract law. Contemporary subjects, such as form contracts, the modern concept of unconscionability, the rise of arbitration, and the increasing importance of computers in commercial transactions, are given considerable emphasis.

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This statutory supplement focuses on closely held businesses, including agency, general partnerships, close corporations, limited partnerships, limited liability partnerships, limited liability companies, and other hybrid entities.

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This supplement brings the principal text current with recent developments in the law and contains the Federal Rules of Civil Procedure with selected advisory committee notes and key provisions from the United States Code. It also contains selections from the Federal Rules of Appellate Procedure, the Federal Rules of Evidence, and the United States Constitution that are useful for teaching Civil Procedure.

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New book purchase includes complimentary digital access to the eBook.Selections in the book include the text of basic federal securities laws, related Securities and Exchange Commission (SEC) rules and forms, and other selected related laws and regulations. It is designed as a supplement to securities regulation texts used in law school courses, but it can also serve as a reference for lawyers, securities professionals, and corporate officers. The booklet contains changes made through November 2021.

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A comprehensive one-volume treatise on the law of trusts and estates written by leading experts. Among the topics covered are intestate succession, wills, nonprobate mechanisms, trusts, fiduciary administration, and choice of law. The book includes the very latest hot topics including electronic wills, trust decanting, directed trusts, asset protection trusts, and planning for modern families. The book incorporates the most recent provisions of the Uniform Probate Code, the Uniform Trust Code, and the many other uniform laws relating to the donative transfer of wealth. The book also includes an overview of the federal transfer tax laws. An essential guide for students and practitioners.

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This classic casebook has been thoroughly updated for 2020–retaining what has made it a favorite for decades while also remaining current and user-friendly. As ever, it contains lightly-edited cases with extensive explanatory notes, thereby teaching students how to read cases while learning doctrine. Some notes are historical and comparative, giving students a more nuanced understanding than can be obtained from simply studying current law. The book is accessible without sacrificing interest and complexity, providing a sophisticated understanding of civil procedure and the federal system. The book also remains adaptable to courses of different length and emphasis, and teaching the material in the instructor's preferred order. The twelfth edition has been thoroughly updated with extensive new material on personal jurisdiction, multidistrict litigation, the amended discovery rules (with a new exercise), and mandatory arbitration.

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Learning Criminal Procedure: Investigations teaches students the law that governs the investigation of criminal cases. The book presents the legal rules directly in plain language. Each topic includes a clear, straightforward description of the binding legal rules, illustrations of how the rules are applied using examples and summaries of cases, and longer excerpts of the leading Supreme Court cases. The book highlights evolving or ambiguous areas of the law, and provides scores of review questions so that students can test their mastery of each issue. The book's authors build on their combined decades of practical experience to explain the law in plain language and explore the policy justifications behind the rules.

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This casebook is organized to facilitate the study of law in the first year of law school with a focus on the study of tort law in particular. The text begins with an overview of tort law, pointing out distinctions between tort law and other types of law. It then covers intentional torts, negligence actions, and strict liability, covering all topics in detail. The materials presented build on foundational principles by exploring more advanced tort subjects such as nuisance, products liability, and defamation and privacy law. This versatile textbook includes classic cases as well as contemporary cases relevant to today's students. In addition to having discussion questions and hypotheticals throughout, the text also includes graphics illustrating many of the principles covered throughout the text. The text is available in both hardbound and electronic format and features Internet links for the student's use.

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The Tenth Edition continues the basic approach of its predecessors: using problems as a vehicle for discussing cases and textual material to develop an understanding of the law of business enterprises and the policy issues that influence its evolution. The new edition continues to develop sophisticated materials on noncorporate business entities, and it adds significant new cases and commentary on new developments in law including Delaware cases on information rights, shareholder litigation, and the Caremark doctrine. The commentary has been updated for new developments including discussion of the role of corporations in society and the influence of and trends in shareholder proposals. It also made modest organizational changes that streamline the sequential delivery of important lessons.

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This supplement is an invaluable single source for the code and regulations applying to federal transfer taxes, such as gift taxes and the generation-skipping transfer tax. It is a quick and easy, yet comprehensive, reference to the primary law, conveniently sized for carrying in a briefcase or backpack. The 2022 edition includes code and regulation changes up through early February 2022.

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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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