Model Rules of Professional Conduct


Book Description

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.







ABA Journal


Book Description

The ABA Journal serves the legal profession. Qualified recipients are lawyers and judges, law students, law librarians and associate members of the American Bar Association.




Corporate Law and the Theory of the Firm


Book Description

Dozens of judicial opinions have held that shareholders own corporations, that directors are agents of shareholders, and even that directors are trustees of shareholders’ property. Yet, until now, it has never been proven. These doctrines rest on unsubstantiated assumptions. In this book the author performs a rigorous, systematic analysis of common law, contract law, property law, agency law, partnership law, trust law, and corporate statutory law using judicial rulings that prove shareholders do not own corporations, that there is no separation of ownership and control, directors are not agents of shareholders, and shareholders are not investors in corporations. Furthermore, the author proves the theory of the firm, which is founded on the separation of ownership and control and directors as agents of shareholders, promotes an agenda that wilfully ignores fundamental property law and agency law. However, since shareholders do not own the corporation, and directors are not agents of shareholders, the theory of the firm collapses. The book corrects decades of confusion and misguided research in corporate law and the economic theory of the firm and will allow readers to understand how property law, agency law, and economics contradict each other when applied to corporate law. It will appeal to researchers and upper-level and graduate students in economics, finance, accounting, law, and sociology, as well as attorneys and accountants.










Practical Guide to Legal Writing and Legal Method


Book Description

A Practical Guide to Legal Writing and Legal Method provides complete coverage and analysis with the clarity and precision that has made it a classic in the field. Discussion, examples, and practice exercises teach students how to apply the concepts of legal writing and legal method to a written analysis or oral argument. The text not only provides a complete foundation for classroom instruction, but also supports independent study and review. Graduates will want to keep this text within reach as they enter legal practice. New to the Seventh Edition: Restructured format to emphasize common themes Consolidated and streamlined chapters that are even more accessible to both professor and students Expanded appendix on email communications Professors and student will benefit from: Accessible introductions that outline and explain legal method Examples of both effective and ineffective approaches to all of the topics covered Focused exercises to develop and practice the skills addressed in each chapter In-depth instruction on reading and understandingboth statutes and caselaw synthesizing cases and statutes applying the law to specific facts organizing and drafting a legal analysis the principles of objective writing for memoranda, client communications, and judicial opinion writing the principles of persuasive writing, including structuring an effective argument and writing for the court drafting traditional and shorter “summary of the law” memoranda drafting opinion letters drafting both trial and appellate court briefs Guidelines for using electronic communicationfor legal memoranda and correspondence—when it is appropriate, and strategies for effective communication in legal writing and practice Integrated treatment of ethics and professional conduct A sample case file in the appendices with memos in both traditional and email format, client letters, and trial and appellate court briefs




Patterns of American Jurisprudence


Book Description

This unique study offers a comprehensive analysis of American jurisprudence from its emergence in the later stages of the nineteenth century through to the present day. The author argues that it is a mistake to view American jurisprudence as a collection of movements and schools which have emerged in opposition to each other. By offering a highly original analysis of legal formalism, legal realism, policy science, process jurisprudence, law and economics, and critical legal studies, he demonstrates that American jurisprudence has evolved as a collection of themes which reflect broader American intellectual and cultural concerns.