The Study of Law


Book Description

Proven effective in the classroom, The Study of Law: A Critical Thinking Approach, now in its Fifth Edition, brings real-world perspective to understanding basic legal concepts and the mechanics of the American legal system. The authors’ acclaimed critical thinking approach actively engages students in the process of legal reading, analysis, and critical thinking. The text offers a thorough introduction to core topics and concepts, including sources and classifications of law, the structure of the court system, civil litigation and its alternatives, analyzing and interpreting the law, and substantive law. New to the Fifth Edition: Streamlined with the student in mind. For example, an enhanced explanation of how to brief a case in Chapter 1 (Introduction to the Study of Law), and a clearer discussion of executive orders and memoranda in Chapter 2 (Functions and Sources of Law). Chapter 5 on Civil Litigation and Its Alternatives is edited to focus on the key topics. Updated throughout, including: Chapter 6 (Constitutional Law): Packingham v. North Carolina regarding First Amendment rights as they relate to the internet; Masterpiece Cakeshop Ltd. v. Colorado Civil Rights Commission, addressing the balancing act between giving states the right to legislate for the general public good and the individual right to express religious beliefs; American Legion v. American Humanist Association with examples of how the Supreme Court applies the Lemon test; and an enhanced discussion of the internet and the U.S. Constitution. Chapter 7 (Torts): Contemporary torts related to the #MeToo movement, cyberbullying, and cybertorts. Chapter 9 (Property and Estate Law): Matal v. Tam and expanded discussion of cases related to the Lanham Act. Chapter 10 (Laws Affecting Business): New coverage of public benefit corporations and the Family Medical Leave Act. Chapter 11 (Family Law): expanded discussion of Obergefell v. Hodges; Terrell v. Torres; and new discussion of DNA testing and its impacts on family law. Chapter 12 (Criminal Law): Commonwealth v. Carter Chapter 13 (Criminal Procedure): Mitchell v. Wisconsin regarding blood testing without a warrant; Carpenter v. U.S. regarding use of cell-site locations without a search warrant New co-author, Marisa Campbell, brings her extensive teaching experience to the book. Professors and students will benefit from: Critical thinking approach introduces students to the study of law, encouraging them to interact with the materials through hypothetical scenarios and exercises, realistic examples, discussion questions and legal reasoning exercises. Strong pedagogy reinforces well-written text presented in an accessible and well-organized format. Edited cases in every chapter teach students how to read and analyze the law. Thorough introduction to substantive law, with chapters on torts, contracts, property and estate law, business law, family law, and criminal law and procedure, and professional responsibility and ethics.







Information Technology and Intellectual Property Law


Book Description

Information Technology and Intellectual Property Law is a complete exploration of the relationship between information technology and intellectual property laws a very wide-ranging and complex, ever changing area of law. It provides up-to-date coverage and analysis of the intellectual property laws applicable to all forms of computer software. placing the law in the context of computer use examining copyright, database rights, patents, trade marks, design rights and the law of confidence. There have been numerous cases before the Court of Justice for the European Union (CJEU) recently, in particular involving the use of trade marks on the Internet, and these are analysed in detail with the implications of the judgments explained in a practical and accessible way. Information Technology and Intellectual Property Law includes developments surrounding ISPs (Internet Service Providers), for example injunctions against ISPs both in the UK and before the Court of Justice of the European Union, and coverage of the Digital Economy Act provisions. It can either be read from cover to cover as a thorough introduction to the subjects addressed or be used as a very useful starting point for a specialist practitioner faced with a particular problem on a particular case. With this in mind Information Technology and Intellectual Property Law is an essential addition to any an IT and IP practitioner's bookshelf as well as a useful textbook for non-specialists as well as advanced undergraduate and taught postgraduate IT and IP courses.




Succeeding in Law School


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The Futility of Law and Development


Book Description

For all the attention paid to the Founder Fathers in contemporary American debates, it has almost been wholly forgotten how deeply they embraced an ambitious and intellectually profound valuation of foreign legal experience. Jedidiah Kroncke uses the Founders' serious engagement with, and often admiration for, Chinese law in the Revolutionary era to begin his history of how America lost this Founding commitment to legal cosmopolitanism and developed a contemporary legal culture both parochial in its resistance to engaging foreign legal experience and universalist in its messianic desire to export American law abroad. Kroncke reveals how the under-appreciated, but central role of Sino-American relations in this decline over two centuries, significantly reshaped in the early 20th century as American lawyer-missionaries helped inspire the first modern projects of American humanitarian internationalism through legal development. Often forgotten today after the rise of the Chinese Communist Party in 1949, the Sino-American relationship in the early 20th century was a key crucible for articulating this vision as Americans first imagined waves of Americanization abroad in the wake of China's 1911 Republican revolution. Drawing in historical threads from religious, legal and foreign policy work, the book demonstrates how American comparative law ultimately became a marginalized practice in this process. The marginalization belies its central place in earlier eras of American political and legal reform. In doing so, the book reveals how the cosmopolitan dynamism so prevalent at the Founding is a lost virtue that today comprises a serious challenge to American legal culture and its capacity for legal innovation in the face of an increasingly competitive and multi-polar 21st century. Once again, America's relationship with China presents a critical opportunity to recapture this lost virtue and stimulate the searching cosmopolitanism that helped forge the original foundations of American democracy.




The United States Catalog


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