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Author:
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Category :
Languages : en
Pages : 96
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Book Description
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 96
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Book Description
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 54
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Book Description
Author: Randy E. Barnett
Publisher: Aspen Publishing
ISBN: 1543826288
Category : Law
Languages : en
Pages : 1549
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Book Description
Contracts: Cases and Doctrine features a mix of lightly-edited classic and contemporary cases that stresses current contract doctrine along with the essential lawyering skill of case analysis—how to sift through the facts of the case to discern the prevailing rules and theory. Randy Barnett and Nate Oman’s innovative text introduces each case and provides the historical background of the iconic cases that make the study of contract law engaging. Study Guide questions help students identify salient issues as they read each case. Judicial biographies of each judge provide additional context. The Seventh Edition has been edited to delete materials that are seldom covered in a 1L class. This edition adds new cases that have been chosen for their topicality, facts, or pedagogical usefulness. New areas covered include so-called “smart contracts” and the relationship between restitution and contract. As always, we have tried to focus on cases with facts that will be easier to teach. New cases in this edition include a contract with a spy that turns out to be a double agent for the KGB, the effect of pandemics on contractual obligations, the gambling shenanigans of a royal prince, and emotional support animals. New to the Seventh Edition: In order to keep the size of the book manageable, we have eliminated the section on the signature requirement under the statute of frauds and have slimmed down the materials on internet contracting, which is no longer the “cutting edge” area that once it was. New cases include: Attorney General v. Blake (restitution damages for breach of contract against a British spy who defected to the USSR) Snepp v. United States (squib) (constructive trust against an American spy for breach of contract) Al-Ibrahim v. Edde (denied an unjust enrichment remedy to unwind a contact declared unenforceable for illegality) Pelletier v. Johnson (claim for unjust enrichment allowed to unwind a contract declared unenforceable for illegality) Carter Baron Drilling v. Badger Oil Corp. (discussing the parole evidence rule under the UCC) C.R. Klewin Inc. v. Flagship Properties, Inc. (the exception to the 1-year requirement under the statute of frauds) Cohen v. Clark (case imposing liability on a breaching party that everyone agrees breached in “good faith”; illustrates the strictness of contractual liability) Hanford v. Connecticut Fair Ass’n, Inc. (public policy exception for public health in time of a pandemic) B2C2 Ltd v. Quoine Ltd Pte (unilateral mistake case dealing with “smart contracts”) Professors and student will benefit from: Case-based approach that gives students ample doctrinal materials to sift through for facts and analyze for prevailing rules and theory. Cases that are lightly edited, or presented as whole as possible, to give first-year students the opportunity to develop case-analysis skills. Restatement and UCC sections integrated to encourage students to consult them as they read the cases. Iconic and contemporary cases combined to show how the classic cases are still relevant. Chapters that begin with a brief, accessible textual introductions. Study Guide questions before each case help focus student attention on salient issues. Flexible organization begins with Remedies, but chapters can be taught in any order.
Author: William Domnarski
Publisher: University of Illinois Press
ISBN: 9780252065569
Category : History
Languages : en
Pages : 204
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Book Description
In the Opinion of the Court, the first close examination of judicial opinions as a literary genre, looks at opinions handed down by the U.S. Supreme Court, the U.S. Court of Appeals, and district courts, tracing their history, function, and place in legal literature. William Domnarski explores the connection between judges and their audience on the one hand, and judicial opinions and their functions, on the other. He also reveals the key roles played by the reporting and publication of judicial opinions in advancing distinctly American values, the dominance exercised by the best opinion writers, and the rise of the law clerk as an individual increasingly called on to write opinions. Domnarski pays special attention to Learned Hand and Oliver Wendell Holmes traditionally seen as the best practitioners of the genre, and devotes a chapter to Richard Posner, Chief Judge of the Seventh Circuit of the U.S. Court of Appeals in Chicago, seen as carrying on the Hand-Holmes tradition.
Author: Joel Wm. Friedman
Publisher: Aspen Publishing
ISBN: 1454827580
Category : Law
Languages : en
Pages : 216
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Book Description
Practice makes perfect! Friedman’s Practice Series helps you develop the skills for spotting issues and preparing A+ answers for your next exam. Real laws school exams test your knowledge of the key concepts and rules with a collection of essay and multiple-choice questions. Set up to mirror actual exams, the series features long essay questions as well as some that are relatively short and medium-length, giving you great practice in the length and variation of questions on the final. Friedman’s is one of the only series to fully emulate complete essay examinations – they are as close to actual exam-questions that you can find. And as Friedman’s texts are compiled by professors who wrote the exams, you get sound advice as well as keen insight on what instructors look for in grading your answers. Friedman’s Practice Series titles test your knowledge with real law school exams. Test your knowledge of key concepts and rules with comprehensive essay and multiple-choice questions. Practice questions of various length prepare you for any exam. Experience actual exams! Get sound advice from the professors who wrote the exams. Find insight into what professors look for when grading.
Author: Justin O'Brien
Publisher: Routledge
ISBN: 135194861X
Category : Business & Economics
Languages : en
Pages : 600
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Book Description
The 2008/9 crisis in global commercial debt markets exposed glaring deficiencies in corporate and regulatory operational and strategic risk management systems. This collection provides an overview of how narrow conceptions of responsibility in corporate law, organizational practice and regulatory dynamics facilitated the crisis. The first section revisits the debates about the role of the corporation prompted by the publication of The Modern Corporation and Private Property (1932). The second section explores why the conception of enlightened shareholder interest gained and retained potency despite demonstrable failure. The third section explores how the interaction between the foundational assumptions of corporate law and the (questionable) efficacy of shareholder control framed regulatory responses to the growth of financial capitalism. The fourth section examines ways in which excess can be restrained by the interaction between hard law, softer governance arrangements such as principles and, crucially, norms.
Author: Robert A. Feldman
Publisher: Wolters Kluwer
ISBN: 0735503761
Category : Law
Languages : en
Pages : 1879
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Book Description
The professionaland’s favored tool for over a decade, this backbone reference provides a comprehensive set of drafting elements that can be used from contract to contract. Move step-by-step through the contract-creation process and—from conducting the initial client meeting to closing the deal, with detailed discussions of the eleven, essential drafting elements, parties, recitals, subject, consideration, warranties and representations, risk allocation, conditions, performance, dates and term, boilerplate, and signatures. By Robert A. Feldman and Raymond T. Nimmer A favorite reference tool for professional drafters for over a decade, Drafting Effective Contracts combines a clear analysis of how effective agreements are structured with a practical breakdown of the essential elements of any contractand— giving you the best way to draft contracts. This completely updated practical reference guide presents a consistent structural analysis and a comprehensive set of drafting elements that can be used from contract to contract. You are led step-by-step through the process by which contracts are created, given clear sample contract provisions, and offered direction around the obstacles that may be encountered in drafting agreements for goods and services, promissory notes, guaranties, and secured transactions. Drafting Effective Contracts provides a complete handbook for drafting legal agreements that work. For starters, you get a practical and comprehensive approach to the overall contract processand—from conducting the initial client meeting to closing the deal. Youand’ll find a detailed discussion of the 11 drafting elements that every contract may have: Parties Recitals Subject Consideration Warranties and Representations Risk Allocation Conditions Performance Dates and Term Boilerplate Signatures After you get a solid explanation of these essential elements and how theyand’re assembled to create effective contracts, you get key strategies for negotiating the agreement and closing the deal. You get an overview of the legal concepts that underpin various types of agreements and—such as promissory notes, guaranties, security agreements, and agreements for the sale of goods and services. Then youand’ll see how to apply the drafting elements to create the finished contract. You also get an array of sample agreements and contracts as well as statutory material. Only Drafting Effective Contracts combines the best benefits of a forms book and a treatise to give you the most complete tool for building effective legal agreements.
Author: Joseph W. Glannon
Publisher: Aspen Publishing
ISBN: 1543839339
Category : Law
Languages : en
Pages : 742
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Book Description
With this ninth edition of Civil Procedure: Examples & Explanations, Joseph Glannon’s uniquely entertaining style teaches and engages students in all aspects of the first-year Civil Procedure course. Accessible introductions and explanations combine with a proven pedagogy in the popular Examples & Explanations format that is effective for learning and applying the fundamental concepts and rules covered in the Civil Procedure course. New to the Ninth Edition: A chapter that covers the full range of proper bases for personal jurisdiction The new chapter includes discussion and examples applying the new approach to specific in personal jurisdiction recognized by the Supreme Court in Ford Motor Company v. Montana Eight Judicial District Court, decided in 2021 Updated case references Updated citations Incorporation of new rule changes
Author: E. Allan Farnsworth
Publisher: Yale University Press
ISBN: 9780300086973
Category : Law
Languages : en
Pages : 290
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Book Description
This book identifies and discusses the general principles and legal rules pertaining to contractual commitment and regretted decisions.
Author: Barak D. Richman
Publisher: Harvard University Press
ISBN: 0674977270
Category : Business & Economics
Languages : en
Pages : 237
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Book Description
In Stateless Commerce, Barak Richman uses the colorful case study of the diamond industry to explore how ethnic trading networks operate and why they persist in the twenty-first century. How, for example, does the 47th Street diamond district in midtown Manhattan—surrounded by skyscrapers and sophisticated financial institutions—continue to thrive as an ethnic marketplace that operates like a traditional bazaar? Conventional models of economic and technological progress suggest that such primitive commercial networks would be displaced by new trading paradigms, yet in the heart of New York City the old world persists. Richman’s explanation is deceptively simple. Far from being an anachronism, 47th Street’s ethnic enclave is an adaptive response to the unique pressures of the diamond industry. Ethnic trading networks survive because they better fulfill many functions usually performed by state institutions. While the modern world rests heavily on lawyers, courts, and state coercion, ethnic merchants regularly sell goods and services by relying solely on familiarity, trust, and community enforcement—what economists call “relational exchange.” These commercial networks insulate themselves from the outside world because the outside world cannot provide those assurances. Extending the framework of transactional cost and organizational economics, Stateless Commerce draws on rare insider interviews to explain why personal exchange succeeds, even as most global trade succumbs to the forces of modernization, and what it reveals about the limitations of the modern state in governing the economy.
