Note: Supplemental materials are not guaranteed with Rental or Used book purchases.
Purchase Benefits
What is included with this book?
Preface | p. v |
List of Contributors | p. xxv |
Foreword | p. xxvii |
Table of Cases | p. xxxiii |
Table of Legislation | p. liii |
Introduction | p. 1 |
General Principles | p. 7 |
Common Law Systems | p. 9 |
Introduction | p. 9 |
The Reception of the Common Law in America | p. 12 |
The Growth of Legislation and Regulation | p. 14 |
The Continued Vitality of the Common Law | p. 15 |
Precedent and the Growth of the Law | p. 18 |
The Institutions and Method of the Common Law | p. 21 |
Interpretation of Statutes | p. 23 |
The Future of the Common Law | p. 25 |
The Sources and Limits of Legal Authority | p. 27 |
Introduction: Federalism and Separation of Powers | p. 27 |
The Basic Allocation of State Federal Authority | p. 28 |
Protection from the Burdens of Multi-State Legal Authority | p. 36 |
The Distinct Character of Separation of Powers Issues in the United States | p. 41 |
The Robust Constitutional Judiciary | p. 52 |
Conclusion | p. 56 |
Courts | p. 57 |
Introduction | p. 57 |
Methods of Selecting Judges | p. 57 |
Division of Judicial Workload | p. 58 |
Parallel Systems of Adjudication | p. 60 |
Litigation | p. 61 |
Starting a Lawsuit | p. 62 |
Responses to the Complaint | p. 64 |
Multi-Party Actions | p. 67 |
Discovery | p. 70 |
Summary Judgment | p. 73 |
Trial | p. 75 |
Appeals | p. 79 |
Conclusion | p. 81 |
An Overview of the Bill of Rights | p. 83 |
Introduction | p. 83 |
The First Amendment: The Founders' Ideal Commonwealth | p. 86 |
The Fourth Through Eighth Amendments: Control of the Law Enforcement Function | p. 104 |
The Ninth and Tenth Amendments: the Enigma of the Closing Amendments | p. 112 |
The Thirteenth, Fourteenth, and Fifteenth Amendments: Equality and the Second Bill of Rights | p. 115 |
Conclusion | p. 127 |
Administrative Law | p. 129 |
Administrative Agencies | p. 130 |
Independent Agencies and Separation of Powers | p. 132 |
Delegation | p. 133 |
Administrative Procedure | p. 136 |
Judicial Review | p. 143 |
Freedom of Information | p. 148 |
The American Legal Profession | p. 151 |
A Statistical Portrait | p. 151 |
Entering the Profession | p. 152 |
Regulating the Profession | p. 154 |
Malpractice and Related Claims | p. 157 |
Court Sanctions | p. 159 |
Right to Counsel | p. 160 |
Conflicts of Interest | p. 161 |
Confidentiality | p. 164 |
Adversary Justice | p. 166 |
Legal Fees | p. 168 |
Lawyers Employed by Corporations | p. 170 |
Marketing Legal Services | p. 171 |
The Judiciary | p. 173 |
The Future: More Competition | p. 175 |
Conflict of Laws | p. 177 |
Personal Jurisdiction | p. 178 |
Choice of Law | p. 184 |
Judgments Enforcement | p. 193 |
Conclusion | p. 196 |
State Based Laws | p. 199 |
Contract Law | p. 201 |
Introduction | p. 201 |
Sources of Obligation | p. 204 |
Contract Formation | p. 207 |
Identifying the Contract | p. 213 |
Defenses Against Enforcement | p. 217 |
Performance | p. 223 |
Remedies for Breach of Contract | p. 228 |
Torts | p. 239 |
Negligence | p. 241 |
Negligence Principles Applied to Some Common Activities | p. 252 |
Intentional Torts | p. 257 |
Strict Products Liability | p. 259 |
Conclusion | p. 261 |
Property | p. 263 |
The Nature of Ownership in America | p. 264 |
Taxation of Real Property | p. 266 |
The Power of Eminent Domain | p. 268 |
Government Regulation of Land | p. 270 |
The Ultimate Protection of Property Rights | p. 291 |
Criminal Law, Criminal Procedure, and Criminal Justice | p. 293 |
Overview of the Systems | p. 293 |
Substantive Criminal Law | p. 295 |
Criminal Procedure | p. 305 |
Corporations and Other Business Organizations | p. 331 |
Forms of Business Association | p. 331 |
The Process of Formation | p. 334 |
Raising of Capital | p. 338 |
Control Structure--Stockholders | p. 342 |
Control Structure--Directors and Officers | p. 346 |
Fiduciary Obligations and Standard of Care | p. 350 |
Corporate Distributions | p. 353 |
Major Corporate Changes | p. 356 |
Conclusion | p. 363 |
Commercial Law | p. 365 |
Introduction | p. 365 |
The Uniform Commercial Code | p. 369 |
The Common Law of Suretyship and Guaranty | p. 391 |
Special Treatment of Consumer Transactions | p. 394 |
Family Law | p. 397 |
Introduction | p. 397 |
Constitutional Principles of Family Law--The Relationship of the Family and the State | p. 399 |
'Public Family Law'--Child Protection, Foster Care, Termination of Parental Rights, and Adoption | p. 403 |
Private Family Law--Marriage, Separation, Divorce, and Related Matters | p. 413 |
Conclusion | p. 424 |
Federal Law | p. 425 |
Antitrust Law | p. 427 |
Overview: Antitrust Statutes and Enforcement | p. 427 |
Monopolization | p. 433 |
Mergers | p. 439 |
Horizontal Agreements | p. 444 |
Distribution Restraints | p. 450 |
Conclusion | p. 457 |
Bankruptcy and Other Insolvency Remedies | p. 459 |
Introduction | p. 459 |
Some General Considerations | p. 462 |
Introduction to Chapter 11 | p. 464 |
The Plan of Reorganization | p. 473 |
Discharge | p. 478 |
Environmental Law | p. 481 |
The Origins of Contemporary Environmental Law | p. 482 |
The Subjects of Environmental Law and Regulation | p. 486 |
Distinctive Elements of United States Environmental Law | p. 491 |
Current Topics in United States Environmental Law | p. 501 |
Conclusion | p. 506 |
Intellectual Property Law | p. 507 |
Introduction to Intellectual Property | p. 507 |
Sources of Intellectual Property Law | p. 510 |
Patent Law | p. 513 |
Copyright Law | p. 521 |
Trademark Law | p. 528 |
Labor and Employment Law | p. 535 |
Rationales for and Structure of Employment Regulation | p. 535 |
Substantive Employment Protections | p. 539 |
Employment Discrimination Law | p. 543 |
Union Organization and Collective Bargaining Law | p. 552 |
Conclusion | p. 561 |
Regulation of Banks | p. 563 |
Introduction | p. 563 |
Policy Overview | p. 564 |
The Allocation of Regulatory Responsibility | p. 566 |
The Chartering Process | p. 568 |
Regulation of the Bank's Business | p. 569 |
Regulation of Banks' Affiliates | p. 576 |
International Banking | p. 577 |
Examinations and Enforcement | p. 579 |
Bank Failures | p. 580 |
Conclusion | p. 582 |
Federal Regulation of Securities | p. 583 |
Introduction to the United States Securities Markets | p. 583 |
The Systems of Regulation | p. 586 |
Federal Regulation of Companies Under the 1933 and 1934 Acts | p. 591 |
Antifraud Liability for Reporting Companies | p. 600 |
Insider Trading: A Species of Antifraud Liability | p. 606 |
Conclusion | p. 608 |
Taxation | p. 611 |
Overview of the United States Tax System | p. 611 |
Sources of the Law | p. 612 |
General Framework for Taxing 'Citizens' and 'Aliens' | p. 613 |
Federal Income Taxation of United States Individuals | p. 614 |
Federal Taxation of United States Corporations | p. 626 |
Federal Taxation of United States Partnerships | p. 632 |
Federal Taxation of Other Flow Through Entities | p. 635 |
Taxation of United States Persons with Foreign Income | p. 637 |
Taxation of United States Corporations with Foreign Income | p. 639 |
Anti-abuse Rules | p. 640 |
Taxation of Foreign Persons with United States Income | p. 642 |
Federal Estate and Gift Taxes | p. 645 |
Index | p. 647 |
Table of Contents provided by Syndetics. All Rights Reserved. |
The New copy of this book will include any supplemental materials advertised. Please check the title of the book to determine if it should include any access cards, study guides, lab manuals, CDs, etc.
The Used, Rental and eBook copies of this book are not guaranteed to include any supplemental materials. Typically, only the book itself is included. This is true even if the title states it includes any access cards, study guides, lab manuals, CDs, etc.