Search results for ""american bar association""

Practice under Article 9 of the UCC, Second Edition is a comprehensive guide for lawyers facilitating secured transactions. This updated edition summarizes the provisions of Article 9 as it was revised and as it is contained in the 2010 Official Text of the UCC. The 2010 Official Text includes the 2002 revision of Article 1 of the UCC and the 2003 revision of Article 7 of the UCC, with conforming amendments to Article 9. The 2010 Official Text also includes the amendments to Article 9 promulgated in 2010 (the "2010 amendments"). The "2010 amendments" address a narrow set of issues, but do not change the basic structure of Article 9 and are expected to become effective on July 1, 2013.

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In the legal profession today there are many forces which continue to seek to blow lawyers off course--professionally, ethically, morally, relationally and materially. Life in the Law was written in the belief that there can be great comfort in counseling with those who have gone before us and who can share their insights on a life lived well in the law. This book offers a unique opportunity to "sit down" with a diverse gathering of lawyers to share their perspectives on being a lawyer. In this compelling collection of essays, the contributors write about the values of the profession, a lawyers responsibility to their communities, their duty of service to clients, and to the public and to each other. These renowned lawyers and educators also address troublesome issues about how hard lawyers are expected to work, and what sacrifices they should and should not make. Share the journey with these 15 outstanding lawyers as they open their hearts, tell their stories and share the values that they live as practitioners.

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Today, the writ of habeas corpus is a federal remedy primarily used by state prisoners to challenge their conviction or sentence. Habeas corpus was also the primary post conviction remedy for federal prisoners until 1948, when Congress adopted Section 2255. Congress intended Section 2255 to supersede habeas corpus as the means by which federal prisoners could challenge the lawfulness of their incarceration. Another Bite at the Apple: A Guide to Section 2255 Motions for Federal Prisoners is the first book of its kind to focus on the special procedures and concerns that arise when a prisoner moves to advocate, set aside, or correct a federal conviction or sentence under Section 2255. This book is especially important now as Section 2255 proceedings have become significantly more complex with the enactment of the Antiterrorism and Effective Death Penalty Act, and federal courts continue to struggle with the interpretation of the AEDPA's provisions. An examination of various legal and practical questions that may be encountered in section 2255 proceedings, including those posed by the AEDPA, are included. Lawyers will find this book to be an essential resource for providing the scope from an introductory education to an in-depth analysis--The perfect handbook for the litigation of noncapital section 2255 proceedings.

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Bar exams—the notoriously rigorous multi-day tests required to become a licensed lawyer—include essays, multiple choice questions, and a practical section called the performance test ("PT"). Most jurisdictions use a multi-state performance test ("MPT"). Without a doubt, MPTs and PTs generally are the best parts of modern bar exams, and the best time to master them is during law school. Do not wait until bar review after graduation. Train now and pass your first bar exam.Performance tests are practical and realistic; they are open-book skills exams that require the kind of critical reading, analysis, and writing work that today's lawyers actually do. They do not require memorization; they include libraries so you can look up relevant rules during the exam—just as you would in practice. Because PTs test skills and not memory, once you learn how to successfully complete a performance test, you can take and pass any MPT the bar examiners throw at you. All you need is to 1) understand the exam and the skills it tests, 2) develop a success strategy, and 3) practice, practice, practice.This book provides everything necessary for MPT success—a clear and logical explanation of what you need to know; test-taking strategies, tips, and tools; and a bank of online resources with practice exams and sample answers.Reading Bar Exam MPT Preparation & Experiential Learning for Law Students during law school: Gives you a down payment for success on the bar exam; Provides exposure to practical lawyering skills that will help you transition effectively to law practice; Helps law school come alive, especially if it sometimes feels like you are just reading and briefing cases; and Empowers you to see beyond your student identity and envision yourself as a future professional. With this book's practice exams, you will act as the lawyer and "represent" almost a dozen clients—some facing criminal charges, others embroiled in civil litigation, and some dealing with business transactions. You will draft memos, briefs, discovery plans, affidavits, closing arguments, cross examinations, letters to clients, and more. So, dig in! Enjoy the read, and prepare for a successful future.

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Much has changed in the ten years since the publication of the first edition of Women-at-Law. But, unfortunately, much has also stayed the same. Women are still confronting issues of promotions and equal pay, while also struggling to maintain a healthy work/life balance. But no woman is alone in the legal profession, and Women-at-Law, Second Edition is the guide that proves it. Author Phyllis Epstein has interviewed over 500 women lawyers of all ages, backgrounds, and lifestyles nationwide to address how women today are meeting the challenges of competing in the legal profession without sacrificing their home and family lives as well. This updated edition includes: * Wisdom and experience from women lawyers sharing their life experiences* Taking a time out from a legal careerand making a comeback* The intricacies and rewards of juggling a personal and professional life* If the option of part-time work is right, and how to make it work* Updated research on topics like attrition of women lawyers, schedule demands, and the unique focus women can bring to the profession Women-at-Law provides women with ideas and suggestions about how to deal with their professional and personal goals and challenges and make the compromises required to "have it all"even when "having it all" can be different for each individual. You'll learn that, with some effort, a woman can redirect her career, home life, and interests in the long journey that is a successful life.

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Holidays are deeply personal and emotional times, and as such have a way of provoking strong feelings in just about everyone over just about any issue. And then we liberally mix in booze, sugary foods, and wild parties. In twelve chapters-one for each month-The Little Book of Holiday Law covers holidays big and small, religious and secular, and looks at many different types of cases covering everything from public displays of religious celebration to Halloween pranks gone bad. Enjoy and share this fun and fascinating look at holiday culture, facts, and humor, and the occasionally litigious reactions provoked by crosses, cauldrons, and celebrations.

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LexisNexis CaseMap is a computer program that makes analyzing cases easier and allows lawyers to do a better job for their clients in less time. This guide is filled with many tips designed to help you get the most from LexisNexis CaseMap. It includes step-by-step instructions and illustrations. It is suitable for beginners and longtime users.

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The demand for economic damages analysis and valuation for litigation, arbitration, and mediation is ever-growing. Elements of IP and intangible assets affect disputes in nearly every area of law, from real estate to complex software transactions. Expert Witnesses, Valuation & Damages discusses how to best use experts, when to hire them, how to find good ones, and how to test whether they have adequate knowledge. It can be used whenever expert skills in economics, IP valuation analysis, and IP business management issues are needed. Additional topics include: * Guidance on how to use the witness in pretrial phases and during negotiations * How to discuss the expert's role in discovery * The use of the expert's report in pretrial strategy

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The Auditor's Letter Handbook, Second Edition contains the original 1975 Statement of Policy Regarding Lawyers' Responses to Auditors' Requests for Information. Much has changed since the American Bar Association Statement of Policy Regarding Lawyers' Responses to Auditors' Requests for Information (the ABA Statement) and the American Institute of Certified Public Accountants' (AICPA) related Statement of Auditing Standards No. 12 (SAS 12) were approved in December 1975 and January 1976, respectively. The Second Edition addresses the increased emphasis on: * the quality of loss contingency disclosure; * a new regulatory regime for the accounting profession established by the Sarbanes-Oxley Act of 2002; * the increasing relevance of international accounting and auditing standards; * the expansion of cross-border practice by law firms; * and much more! This resource is a must-have for inside and outside counsel in dealing with the auditor's need for corroboration of information furnished by management concerning litigation, claims, and assessments. It comprises a consolidated presentation of the principal official pronouncements and unofficial commentaries on the subject of audit inquiries and lawyers' responses.

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As trials become less common today, the need for teaching and enhancing trial skills increases. Now in its third edition, The Patent Trial Advocacy Casebook is a practical tool for both learning and enhancing trial skills for the specialized area of patent litigation. Every aspect of these materials is focused on improving students' proficiency in one event: the trial of a patent case. With the goal of developing skills through "learn-by-doing," this material is the perfect casebook for anyone who wishes to impart patent trial basics, or simply wants to improve their skills in this arena. Based upon an hypothetical patent infringement controversy that has reached the trial stage, a jury trial in Federal Court. The volume's presents the case file, with all information necessary to prepare for the trial. Trial skills are developed through problems that are designed to simulate the courtroom proceedings in various portions of the full trial. Analysis of the problems from both the plaintiff's and the defendant's points of view are necessary for offensive and defensive strategies and tactics are successful in the case, and the setting simulates a courtroom atmosphere in all respects. These materials are the result of the authors' fifteen years of teaching an advanced course in trial practice geared specifically to a patent infringement trial, with its genesis a project for the American Bar Association and National Institute for Trial Advocacy as a program for practicing lawyers. Now in its third edition, the material has been refined specifically for students at Georgetown University Law Center in Washington, D.C.

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Recognizing a need for a legal guide on the choice-of-law complexities and substantive similarities and differences involved in international secured transactions in financial collateral, members of the UCC Committee’s International Law Subcommittee developed a fact pattern and questionnaire that lawyers from G-20 countries, offshore jurisdictions and other countries in Latin America, Europe and Asia completed. This questionnaire provided a common framework through which variations among jurisdictions could be readily identified, thus facilitating cross-border analysis. In one single volume, the scope of the project includes more than 40 jurisdictions worldwide. Peer reviewed by leading experts, this guidebook is a valuable resource for lawyers working on cross-border secured transactions involving common types of financial collateral: directly held certificated securities; directly held uncertificated securities; securities accounts (and securities credited to them); and deposit accounts. The book dedicates a chapter to each jurisdiction that is surveyed to provide general guidance when negotiating such a secured transaction in that jurisdiction. Carefully edited to enhance comparison, the guide aims to assist lawyers in framing their choice-of-law analysis and helping them to gain insight into the substantive law complexities that can arise in transactions with this type of collateral.

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For far too long, speaking about suicide was a taboo subject. Today, it is a topic we cannot avoid, and we are finally coming to terms with its pervasiveness across all races, ethnicities, religions, and professions. Yet despite this growing awareness, we have yet to acknowledge and address the arc of suicide in the criminal justice system. In this seminal work, the authors enlist the insights of academic specialists, professionals within the criminal justice system, and individuals who have served time to bring voice to the subject of suicide within the criminal justice system. This unique book provides insights that have yet to be broadly examined. Whether you are a defendant, family member, criminal defense attorney, prosecutor, judge, law enforcement officer, academic, or mental health professional, this book provides much-needed information about a pervasive phenomenon––suicide in the criminal justice system.

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The ethical and moral debate about photographic images in this global society continues to increase dramatically. Freedom of speech and the right of privacy are more and more in conflict. This updated book provides both a practical and personal perspective on the photographer's critical rights and obligations. This unique resource covers core areas of intellectual property law, tort law, and criminal law and contains necessary information for lawyers, photographers, and content creators. The book covers copyright, privacy and defamation, trespass, social media--and includes discussions about the evolution of drone photography. Lawyer and photographer Steven Richman uses several additional cases and situations to illustrate the potential pitfalls a photographer may encounter.

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One of the country's most challenging environmental statutes, the Clean Air Act has generated a multitude of regulatory requirements. This volume provides a basic overview of the key concepts and provisions of the CAA as well as highlights of the critical precedential cases interpreting the requirements of the Act. It also includes a discussion of some of the fundamental regulations implementing the CAA and some of the ways that EPA and states work together to protect air quality through cooperative federalism. Now completely updated and considerably expanded to include new developments, Clean Air Act Essentials covers the most critical areas of the statute, including: State implementation plans Nonattainment and regional transport Prevention and significant deterioration and nonattainment New Source Review New source performance standards and emission guidelines Control of hazardous air pollutants Visibility patrol Acid rain control Title V operating permit program Mobile sources and the regulation of fuels Greenhouse gas emissions Stratospheric ozone Enforcement and judicial review Clean Air Act Essentials includes useful appendices to help navigate through the multiple requirements of the Clean Air Act. Both the seasoned and the newer lawyer will find this book to be a quick resource for understanding the legal fundamentals of these areas.

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Beyond the Work Product will prepare business attorneys (and particularly law students and new attorneys) for a successful law practice by providing a framework for effective and efficient lawyering. It emphasizes building relationships and trust with clients so that, despite the existence of less costly alternatives, they will keep coming back for more. The approach is process-focused rather than outcome-focused; it emphasizes every step of the lawyering process, not simply delivering the best work product possible. Whether you are at a big firm, a small firm, or a solo practice, approaching lawyering as a relationship-driven job will help you build a sustainable practice and even increase your enjoyment of your work.

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This book is a must read for new law graduates before they start to take on the issues of their clients. It stresses the critical behavioral qualities that will help or hinder their ability to credibly undertake the client’s issues, separate and apart from all of the psychological baggage that they have accumulated over the years. Hiring partners of firms will also find this book useful in helping their new hires to get off on the right foot as they undertake whatever form of mentoring provided. Finally, with the mastery of these interpersonal skills and an understanding of the issues discussed in this book, a rewarding career and personal contribution to a viable road for enhanced civility must follow.

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For well over a decade, the cannabis industry has grown exponentially in scope and revenue. Industry participants range from giant food and beverage companies to e-commerce platforms, dispensaries, pet food companies, and growers. These companies are developing and marketing products that involve “cannabis” in all forms and derivatives, including THC, CBD, and hemp products, as well as other emerging cannabinoid products such as CBG. And as the industry has grown and diversified, so too has its legal needs. Today, in addition to longstanding questions of federal legality and tension with state law, cannabis companies face a broad range of issues that require sophisticated legal guidance. For example, legal questions may involve anything from litigation and real estate to advertising and food and drug law. These questions are especially challenging given the breakneck pace with which cannabis policy and law has developed within a patchwork of federal, state, and local systems. Failure to navigate these concerns deftly and thoughtfully jeopardizes financial growth, not to mention business survival. Until now, there has been no single reference to guide cannabis lawyers along the full continuum of potential legal needs challenging the industry. This treatise fills that gap from a sophisticated perspective by flagging key issues in more than a dozen practice areas and covering the impact of cannabis policy from federal and Canadian enforcement and regulatory agencies. By mapping these diverse concerns, this treatise helps provide useful guardrails for in-house and outside counsel alike.

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The Supreme Court, Federal and State Taxation, and the Constitution is a comprehensive and illuminating look at the intersection of the U.S. Constitution and federal and state taxation going back to the earliest years of the nation. Citing only Supreme Court cases, author Jack Cummings organizes and categorizes the opinions for maximum accessibility by practitioners and others involved in law practice, law-making, and legal scholarship. The book includes, for example, a detailed analysis of the 25 Court cases that ruled a federal tax provision unconstitutional. Another chapter discusses the 121 decisions related to the intergovernmental immunity doctrine. And a thoroughly researched chapter explores the Court's 2012 decision in National Federation of Independent Business v. Sebelius. Another chapter makes clear the confusing intersection of fees, taxes and regulatory charges.The new edition is updated to account for more recent rulings such as United States v. Windsor, Dawson v. Steager, Bond v. United States, and United States v. Davila. But the most notable update in the new edition is the large new chapter on the Court’s state tax decisions under the Constitution, including the remarkable number of them in just the last decade. The author makes this manageable by synthesizing the current principles applied by the Court, with appropriate citations, rather than debating the wisdom of various rulings.A detailed Table of Contents includes more than 200 entries making it easy for readers to find topics and subtopics, and a Table of Cases indexes nearly 2,000 cases cited in the book. Written for appellate litigators, tax litigators, general tax practitioners, and constitutional law experts, this new edition will be invaluable to understanding the Court’s rulings on federal and state taxation.

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Every ten years or so, the American Institute of Architects updates its major families of construction contracts. In 2017, the AIA overhauled its design-bid-build documents anchored by the A201. In late 2019 and early 2020, the AIA released its revisions to its suite of construction management documents, last updated in 2009. This book summarizes and analyzes the major revisions to the AIA's major construction management documents published in 2019 and 2020.

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A topic-by-topic comparison of the forms of agreements from the AIA, the EJCDC, and ConsensusDOCS. Most construction lawyers are familiar with the American Institute of Architects (AIA), Engineers Joint Contract Documents Committee (EJCDC) forms of agreements, and the newer ConsensusDOCS forms. Now completely revised, this invaluable resource offers a topic-by-topic comparison of these forms provides an easy-reference guide to how the AIA, ConsensusDOCS and EJCDC forms treat the most significant issues in owner/contractor/subcontractor and owner/design professional agreements; and proposed alternative language for situations where the form contract approach may not provide the best solution. Though some chapters have been consolidated for ease of reference, this third edition uses the same format as the first and second editions. Each chapter is organized by a topic that is addressed in each of the AIA, ConsensusDOCS, and EJCDC owner–contractor–subcontractor or owner–design professional agreements. Each chapter is then divided into three sections. The first section provides general background about the topic and summarizes the critical issues involved. The second section describes relevant provisions in the form contracts that address the topic and compares the provisions to one another. The last section provides alternative clauses for the practitioner to consider in addressing the topic at hand.

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This volume presents the voices of prosecutors, but also of judges, public defenders, theorists, and advocates for reform. Rather than taking a purely critical approach, this volume brings much-needed nuance to the complex issue of prosecutorial discretion. Aspects of prosecutorial discretion explored in this volume include: Theory and historical context; Checks on prosecutorial power; Positive and negative impacts, with examples; Insights into prosecutors’ decision-making processes; and Comparative international perspective.

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What is "horse sense?" It is basic, practical common sense. It is the ability to apply sensible, reasoned approaches to problems in daily life, and "horse sense" belongs equally with horse activities. Having a general understanding of equine law can help avoid problems that create legal disputes. Equine Law and Horse Sense is designed for people, businesses, and organizations in the horse industry and for the lawyers who serve them. This book will equip you to assess your needs, plan ahead, and take precautions to avoid conflicts. It answers such questions as: What are the laws regarding horse-related injuries, and what happens if you have been threatened with or plan to file a lawsuit? Why and when are contracts important, and what details merit consideration? How can disputes with insurance companies be avoided? What are some commonsense strategies to help protect the existence of horse operations amid increasing urbanization? This book will better inform you about the law and help you continue to use good "horse sense" for many years to come.

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The practice of law can seem so simple, yet so daunting. The lawyer earns fees by representing clients, but is also subject to limits that can put the brakes on client representation. This is called "fighting fair," which requires zealous advocacy within the bounds of the law. The law that governs the conduct of lawyers in litigation and elsewhere includes each jurisdiction's Rules of Professional Conduct, common law (such as agency and malpractice law), a few statutes (such as fee-shifting provisions), and court rules (such as Rules of Civil Procedure). A lawyer’s license to practice, and income, depend on understanding of all these bodies of law, as adopted in each jurisdiction. Violation of a jurisdiction’s Rules of Professional Conduct can result in professional discipline, with sanctions ranging from disbarment, suspension from practice, and fines to public and private reprimands. This book covers both trial lawyer ethics and matters outside the courtroom. It covers topics common to all representations, such as obligations to clients and the limits of the law, and much of it addresses pleadings, answers, motion practice, depositions, settlement, and appeals.

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A comprehensive resource for effectively handling QDROs and working with all parties involved, this updated bestseller provides basic knowledge of all aspects of the substantive law of QDROs plus valuable, step-by-step guidance and advanced techniques for the drafting and approval process. It also covers division of military retired pay; federal, state, county, and municipal civil service pensions; non-ERISA plans such as IRAs; and Qualified Medical Child Support Orders. Whether you work with these retirement benefits in a divorce case frequently or only occasionally, this updated edition of The Complete QDRO Handbook is a must-have for your library. The Complete QDRO Handbook The Complete QDRO Handbook: Dividing ERISA, Military, and Civil Service Pensions and Collecting Child Support from Employee Benefit Plans begins with clear definitions of the basic principles and concepts of employee benefit plans and ERISA. In subsequent chapters, the authors explain how to draft domestic relations orders and have them accepted as "qualified" by plan administrators. The book provides the necessary sample language and clauses, each explained with numerous comments. Other forms include model letters, forms, interrogatories, and checklists, plus guidance on reading an annual benefits statement. Forms are available for readers at an online library. Written for people who work with QDROs every day in a hands-on capacity -- lawyers representing divorce clients, Plan Administrators and their lawyers, state IV-D agencies using QDROs to collect child support, Family Court judges, and the paralegals, administrative assistants, and other support staff who work with them.

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In thirteen chapters, Contract Drafting: Powerful Prose in Transactional Practice is a complete how-to guide for all lawyers who desire to hone their drafting skills. The book explains the contract drafting process in terms of content and style, demonstrating through clear, detailed examples how to revise template documents to produce effective and complete contracts that protect the client’s interests. Contract Drafting is today's seminal authority on negotiating and drafting indemnification provisions, even in low leverage situations. It carefully explains how to prevent ambiguity in contracts by using better terminology, developing a consistent strategy for expressing key concepts, crafting strong sentences, and organizing content properly. This practical guide is straightforward and straight to the point, organized for ease of use and full of constructive tips and techniques for lawyers who continually strive for excellence.

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This is an invaluable and timely resource for attorneys who need a basic grounding in the principles and financial standards of intellectual property valuation, and who will also benefit from a basic review of the core attributes, categories and permutations of the various intellectual properties. This book's straightforward discussion is also useful for bankers, financial professionals, and venture capitalists who want a better understanding of the basic legal framework and current trends affecting intellectual property, litigation, legislation, and categorization of new forms of IP and related intangible assets. Table of Contents Chapter 1: Intellectual Property Value and Valuation in a Changing World Chapter 2: Intellectual Property Valuation in the Changing World of Legislation and Litigation Chapter 3: Changing Valuation Standards and Methodologies Chapter 4: Valuation Methodologies: Traditional and Accepted Certainty of Valuation Chapter 5: New, Developing, Proprietary, and Alternative Valuation Methodologies Chapter 6: Royalty Rates: The Ultimate Value Context Chapter 7: Patent Valuation: Trends and Cases Contributed by David Noble Chapter 8: Trade Secrets Valuation: Trends and Cases Contributed by Evan Loker Chapter 9: Copyright Valuation: Trends and Cases Chapter 10: Trademark Litigation: Trends and Cases with Contributions from Pierce Urban Chapter 11: Right of Publicity Analysis and Valuation Chapter 12: International Arbitration Valuation and Case Studies Chapter 13: Valuation of Application Based, Digital Platform Ventures, and Internet Assets Chapter 14: The Future of Intellectual Property and Valuation

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Now fully revised and updated, The Indian Child Welfare Act Handbook is a one-of-a-kind guide to the Indian Child Welfare Act of 1978. The ICWA was enacted to ameliorate the problem of the massive removal of Native American children from their homes by both state welfare agencies and private agencies and to ensure that those children, once removed, would be placed in homes that reflect their cultures and traditions. This guide examines case law from courts around the country -- it is an issue not confined to reservations and their border towns. There have been many legal changes since publication of the Second Edition, including what is arguably the most important development since ICWA was enacted 40 years ago. In 2016, the Department of the Interior issued ICWA regulations, the first time that regulations were issued pursuant to the Administrative Procedures Act. This updated edition incorporates the provisions of those regulations and their impact on the various procedural and substantive requirements of the ICWA. Case law in both the state and federal courts continues to evolve, and this edition examines hundreds of new decisions, including only the second US Supreme Court case interpreting the ICWA, as well as new state versions of the ICWA that expand upon some of the protections of the federal law. The Indian Child Welfare Act Handbook continues to provide a comprehensive source to assist lawyers, social workers, counselors, and others whose professions and interests involve them with Native American children. To provide this much-needed practical guidance, information covered in this Third Edition includes: The history and foundation of ICWA How the act is applied and what provisions are covered Jurisdictional provisions Procedural requirements Placement provisions Collateral challenges to ICWA determinations Funding of ICWA programs Appendices include implementation guidelines, state codes and court rules addressing Indian child welfare, a listing of Indian entities recognized and eligible to receive services from the United States Bureau of Indian Affairs, and sample forms.

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Public speaking is a skill that can be learned, just like any other skill such as writing, playing an instrument, a sport or being a chef. A quick and easy read, this book provides you with basic and advance techniques, and insider knowledge that you need to improve your presentations, whether in or out of court. Attorneys and non-attorneys alike will find a multitude of techniques that can be used immediately to improve their presentation skills. It may seem unnecessary to offer legal professionals advice on how to present information in public. But this book does just that for two reasons. First, although public speaking is a core skill for anyone in a law firm, there’s a big difference between just speaking and really communicating. If you work in a law firm, you can bet that you’re going to have to talk to a crowd of people sooner or later. Professionals know that being able to speak well in public has a positive impact on a career. Good public speakers are seen as leaders. And the reverse is also true. So why not become the best public speaker you can be? The second reason is that there's always room for improvement. The author has spent over 25 years helping attorneys, CEO’s, non-profit leaders and executives improve their presentation skills. She has run seminars, taken part in oral argument prep and privately coached numerous attorneys – both newcomers and old hands – and they all had one thing in common: They all improved significantly. Being Heard: Presentation Skills for Attorneys consolidates the most helpful and effective tips of the trade in order for you and your staff to become better public speakers. These tools have been time-tested and will help to ensure that both in and out of the courtroom, the reader projects the image and message that you want. It would be difficult for anyone to implement all of the ideas in this book (or any how-to book), but by trying out a few new ones every time you speak, one speech at a time, and you’ll improve—each time.

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A lawyer can substantially increase a client’s chance of success in a restaurant lease--or at least minimize the risk of failure--in two ways: first, by reviewing and negotiating the lease of the restaurant’s premises, identifying and evaluating the risks and negotiating changes, and secondly, through the careful review and negotiation of the franchise agreement if the client pursues that option. Franchised operations are popular for people investing in restaurants as this purchase can give restaurateurs a head start in terms of brand recognition, marketing, consistency of food quality, and service. However, signing a boilerplate franchise agreement is not necessarily a recipe for success. It is essential that the franchise agreement and the commercial lease harmonize so that adherence to one document does not cause a violation with the other. Among the topics covered in the restaurant section are: Computation of rental charges and rent offsets Operational issues: hours, go dark provisions, definition of premises, and more Construction The emerging category of "grocerants" This section concludes with an extensive array of restaurant leasing clauses, from CPI increases and rent stabilization clauses to language for premises issues such as lighting, valet parking, and more. Chapters focused on working with a restaurant franchise consider issues related to the client, choosing a landlord and location, management, architect and general contractor, he franchisor and the franchise agreement, and the lender.

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Many Fortune 500 companies, as well as mid-sized and small businesses and tax-exempt organizations, participate in captive insurance structures. To help lawyers decipher the intricacies of captive insurance, this guidebook begins with a discussion of types of captives and addresses how to approach whether a captive makes sense for a business owner. The book focuses on various aspects of the captive’s operation and management—from taxation, special uses, and regulation to eventual exit and potential tax litigation issues. Captive insurance covers legal and non-legal practice areas such as taxation (domestic, foreign, state, and local), insurance (regulatory, coverage, and reinsurance), securities, commercial transactions, employee benefits, tax controversy, actuarial science, underwriting, and more. Written by seasoned professionals with varying areas of expertise, Captive Insurance Deskbook for the Business Lawyer includes discussion on: Various types of captives Captive insurance company feasibility Using a captive to fund employee benefits and the advantages of placing them in captives Corporate counsel’s role with captives and managing conflicts of interest The role of the domicile regulator IRS examination of captive insurance And much more

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The voir dire and jury selection process is one of the most challenging aspects of a jury trial. It is at this time that lawyers must identify and remove potential jurors who harbor some bias or hold beliefs that would make them less beneficial than others. Success in jury selection requires lawyers to draw upon a number of basic skills. These skills include the ability to: Operate effectively within the jury selection system in the trial jurisdiction Attain the major goals of voir dire (i.e., gathering info, rapport, education, and persuasion) Identify critical opinions, biases, and experiences of jurors that can influence their decisions Encourage jurors to reveal important information about themselves Utilize the information about their opinions and feelings that potential jurors communicate through their nonverbal behavior Develop and ask the questions on voir dire necessary to uncover desired information Employ methods for handling common situations and problems (e.g., reluctant jurors, difficult jurors, stealth jurors, negative spirals, and pretrial publicity) that arise during voir dire Capitalize on the information available through the use of juror questionnaires Effectively utilize information available on jurors through Internet sources and minimize potential threats to jury trials posed by the Internet ¦ Operate effectively in courts-martial member selections ¦ Exercise peremptory challenges and challenges for cause in a manner that removes the least desirable potential jurors The goal of this book is to promote the skills needed to be successful in the area of voir dire and jury selection. It is through the sharpening of these skills that lawyers take a major step in improving the chances of a favorable verdict at trial. Mastering Voir Dire and Jury Selection: Gain an Edge in Questioning and Selecting Your Jury goes beyond other books on jury selection in its focus on the skills needed to conduct effective voir dire and jury selection. Having a list of questions to ask is only a starting point. Conducting effective voir dire and jury selection requires developing strategies that secure the necessary information and adapt to the unique circumstances that lawyers face in their trial jurisdictions. Effective jury selection does not result from memorizing questions from a book. It is a dynamic process that places a premium on knowing what is needed and how to get it. Praise for Mastering Voir Dire and Jury Selection "Jury selection is the most important and often the least known trial lawyer skill. Mastering Voir Dire is by far the most complete and effective jury selection guide available. ... It has simple, short examples from real trials tied to hard-core research and common sense. I have tried many cases, but what I used to know has changed in this digital world. Thanks for Mastering Voir Dire." --Morris Dees, Founder and Chief Trial Attorney, Southern Poverty Law Center "The much anticipated Fourth Edition of Mastering Voir Dire and Jury Selection confirms Dr. Jeffrey Frederick as America’s foremost jury expert. With this thoroughly updated and lucidly written work, Frederick moves the needle in demonstrating how practicing lawyers can identify open-minded jurors and craft winning case narratives. A must-read book for the trial bar if ever there was one." --John Monahan, Shannon Distinguished Professor of Law and Psychology, University of Virginia School of Law

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Times have changed, and lawyers must change with the times. Jurors have become experts in everything and suspicious of everyone, including lawyers and their hand-picked experts. Jurors are increasingly focused on the information and increasingly annoyed by the way lawyers spin and spoon-feed it to them.It's not about us anymore. Tell jurors something is "clear," and they will assume it is not. Tell them to award a specific number, and they will avoid that number like the bubonic plague. They are tired of lawyers' arguments and objections. They want lawyers to stop bickering, roll up their sleeves, and start helping them wade through the evidence. Forget traditional voir dire, one-sided opening statements, naive cross-examination, and hard-selling closing arguments. Stop emulating mad dog litigators and calling bobblehead experts. It's time for a new trial playbook that ignores conventional wisdom and embraces the changes in jury psychology. Our jurors know they are the most important people in the courtroom, and they want better service. Let's give it to them. Yes, becoming good waiters is easier said than done, but we must rethink our approach. We have no choice. We must adapt or die. The Golden Age of Lawyers has ended. The Age of Jurors has begun.

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Learn how to extract key financial information in discovery with The Business Tax Return Handbook. A companion volume to bestselling 1040 Handbook, this is an invaluable tool for reviewing commercial business and professional practice returns to gather information and prepare a complete discovery plan for family law cases. A variety of hypothetical examples using business returns are used to illustrate points in the text, including the most common forms and schedules for partnerships, corporations, and unincorporated businesses.This line-by-line guide can be used as a complete introduction to the family law aspects of business tax returns or as a quick reference for lawyers who want to concentrate on particular areas of business taxation. The author discusses fundamental tax issues that impact on family law matters and offer comments to explain line items and statements for all four types of business tax returns. Topics covered include: Determining discretionary cash flow and salary information Using key business and tax terms Locating missing information Evaluating the fair market value of a business entity Developing a list of questions to ask Spotting reporting irregularities Common business fact patterns are accompanied by both explanation and commentary to assist in discovery. Covering many of the most common scenarios faced in family law cases, hypothetical tax returns are included for the following business types: Unincorporated business reported on Schedule C of the personal tax return Sole practitioner Business involved in product Partnership Real estate limited partnership Service-oriented business Corporate Service-oriented business ("loan-out corporation") C corporation for a business involved in product sales S corporation involved in product sales

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Chapter introductions give overviews of the current state of the law, including the major recent cases in most jurisdictions, with discussions of the practical issues you might have to consider. Individual instructions are followed by commentary that includes discussion of the cases from which the instruction was derived, as well as how and when to adapt the instruction to particular cases, to the laws of particular states, to the requirements of particular jurisdictions, or in the light of inconsistent authority. Besides making it easy to present first-rate instructions, the models and supporting citations give you an excellent starting place from which to investigate the nuances of a particular jurisdiction. This book gives you the framework for preparing and trying your case, from analyzing the fact situation and planning strategy to preparing your final argument.

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The Patent Cooperation Treaty (PCT) is the heart of the international patent system and should be considered in every applicant’s patent filing strategy. When it is used appropriately, the PCT is a cost-effective option for international patent protection that provides benefits for applicants, patent offices, and third parties. But the PCT is also complex and challenging. Based on the authors’ years of experience and the important lessons they have learned, this updated edition demystifies the PCT to help practitioners employ the system to their clients’ advantage. Starting with an explanation of the PCT’s framework and covering detailed information about procedures, safeguards, and strategy, the book’s comprehensive chapters provide the necessary tools to effectively understand and use this global system.

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Environmental Bankruptcy Law covers such topics as: A brief history of bankruptcy law and its general purposes and key concepts (Chapter 2) The different chapters of the Bankruptcy Code (Chapter 3) The timeline of a typical bankruptcy case (Chapter 4) Key statutory provisions (Chapter 5) Obtaining information in bankruptcy cases (Chapter 6) Filing proofs of claim and administrative expense applications (Chapter 7) The distinction between the treatment of compliance obligations versus the treatment of monetary liabilities under environmental bankruptcy law and the differences in treatment based on whether an environmental bankruptcy issue involves "property of the estate." (Chapter 8) The Practice Guide then examines the case law that addresses: The obligation to comply with nonbankruptcy law in managing and operating "property of the estate" (Chapter 9) The scope of the police or regulatory exception to the automatic stay (Chapter 10) Equitable remedies such as cleanup orders and bankruptcy law (Chapter 11) The priority of environmental claims and compliance obligations compared to other claims and liabilities (Chapter 12) When environmental claims arise and become dischargeable in bankruptcy (Chapter 13) Options for dealing with contaminated property owned by the bankruptcy estate (Chapter 14) Free and clear sales of contaminated property under bankruptcy law (Chapter 15) Plan confirmation objections based on feasibility, provisions forbidden by law, and the permissible scope of discharge of environmental liabilities (Chapter 16) Estimation and adjudication of environmental claims in bankruptcy (Chapter 17) Abandonment of contaminated property in bankruptcy (Chapter 18) Insurance coverage when addressing environmental liabilities in a bankruptcy proceeding (Chapter 19) Discussions of jurisdictional and standing issues in environmental bankruptcy cases including withdrawal of the reference (Chapter 20) and environmental settlements (Chapter 21).

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The book demonstrates how to offer testimony on direct examination, how to cross-examine and impeach various types of witnesses, and how to use discovery in the examination of witnesses. The authors illustrate model examinations and offer citations to rules and cases that can be relied upon by an advocate preparing an examination on an important point. The Fifth Edition adds new material addressing the many authentication issues that can arise as digital evidence is presented at trial. The authors have drawn upon excellent work by others to present the new material so that it is clear and understandable.

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Design Your Law Practice: Using Design Thinking to Get Next Level Results is a one-stop resource to learn the basics of design thinking, gain insight into how design thinking principles have been successfully applied in the legal services sectors, and equip the reader to immediately apply different design thinking approaches to gain tangible improvements and increased lawyer and client happiness. The book introduces each of the key design thinking steps, with different expert contributors demonstrating how each step can be adapted to address challenges faced by lawyers, law firms and our justice systems. Design Your Law Practice also provides real, practical case studies of how design thinking has been successfully used in a range of law firm and legal services contexts. With action-oriented summaries and downloadable design tools, readers can take their learnings from off the page and into action.

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Commercial Mediation Practice Guide: A Practical Handbook for Lawyers and their Business Clients, Third Edition is a revised and expanded version which provides an invaluable and straightforward understanding of key suitability, preparation and advocacy issues in mediation.

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