Introduction to the Law And Legal System of the United States

by Burnham, William

• ISBN13: 9780314158987
• ISBN10: 0314158987
• Edition: 4th
• Format: Paperback
• Copyright: 2006-08-11
• Publisher: West Group

Table of Contents

History and Governmental Structure	1	(37)
Some Constitutional History	1	(3)
Independence From Colonial Rule and Efforts to Achieve Union	1	(1)
The Articles of Confederation	2	(1)
The Constitutional Convention	3	(1)
Ratification of the Bill of Rights	3	(1)
The Governmental Structure Provided for in the 1789 Constitution	4	(5)
Legislative Power	4	(2)
Executive Power	6	(2)
Judicial Power	8	(1)
Separation and Balance of Powers Among the Branches of the Federal Government	9	(9)
Establishment and Vigorous Exercise of the Power of Judicial Review	9	(4)
Growth of Presidential Power	13	(2)
The Advent and Growth of Administrative Agencies	15	(2)
Congress's Investigatory Oversight Role	17	(1)
The States and Federalism	18	(12)
State Government Structure and Powers	19	(2)
Changes in Vertical Federalism: The Growth of Federal Power	21	(1)
Early Development of an Expansive View of Federal Power	21	(1)
State Resistance to Expanding Federal Power, the Civil War and the Civil War Amendments to the Constitution	22	(2)
Federal Power Since the Mid-20th Century	24	(3)
Conditional Spending	27	(1)
Changes in Horizontal Federalism: The Blurring of State Boundaries	28	(2)
The Impact of Governmental Structure on the Legal System: An Overview	30	(8)
The Effects of Vertical Federalism: Concurrent Power to Make Laws and Adjudicate Disputes on the Same Territory	30	(1)
Concurrent Federal and State Lawmaking Power	30	(3)
Concurrent Federal and State Adjudicatory Power	33	(1)
The Effects of Horizontal Federalism: Concurrent Adjudicatory and Lawmaking Powers Among the States	33	(1)
The Effects of Separation of Powers and Federalism on the Federal Courts	34	(4)
Legal Methodology	38	(42)
Sources of Law and Their Hierarchy	38	(4)
Enacted Law	38	(1)
Caselaw	39	(1)
Common Law Caselaw	40	(1)
Caselaw Interpreting Enacted Law	41	(1)
The Hierarchy of Sources of Law	41	(1)
Common Law	42	(7)
A Very Brief History	42	(2)
The Nature of the Judicial Process in Common Law Adjudication	44	(4)
The Problem of Retroactivity	48	(1)
Statutory Law in a Common Law System	49	(5)
Growth of Statutory Law	49	(1)
The Common Law Attitude Toward Statutes	50	(1)
Reasons for the Common Law Approach to Statutes	51	(2)
Attempts at Codification in the United States	53	(1)
Statutory Interpretation Methods	54	(9)
The Plain Meaning Rule	54	(2)
Plain Meaning and Legislative History	56	(1)
The Social Purpose Rule	57	(1)
The Context of Statutory Language	58	(1)
Presumptions About the Use of Language	59	(1)
External Influences on Statutory Interpretation	60	(1)
Less Traditional Approaches to Statutory Interpretation	61	(1)
Legislatively-Inspired Common Law	61	(1)
Reasoning by Analogy Without the Common Law Medium	62	(1)
The Form and General Nature of Caselaw	63	(3)
Judicial Opinions and Their Structure	64	(1)
Precedential Effect of Court Decisions	64	(2)
The Legal Reasoning Process in Caselaw	66	(7)
Deductive Reasoning from Caselaw Rules	66	(1)
Determining the Holding or Rule of a Case	66	(1)
Dictum	67	(1)
Multiple and Implied Holdings	68	(1)
Synthesizing a Rule From Several Cases	68	(1)
Analogical Reasoning Directly From Prior Caselaw Decisions	69	(1)
The Analogical Reasoning Process	69	(1)
Evaluating Factual Variations in Common Law Caselaw	70	(1)
Choice of Deductive or Analogical Reasoning: Easy Cases and Hard Cases	71	(1)
Reasoning in Caselaw Interpreting Statutes	72	(1)
Deductive and Analogical Reasoning in Statutory Caselaw	72	(1)
Evaluating Factual Variations in Caselaw Interpreting Statutes	73	(1)
Legal Research Techniques and the Form of Legal Argument	73	(7)
Library Resources for Finding Primary Materials	73	(2)
Secondary Authorities	75	(2)
How Legal Research is Approached	77	(1)
Computerized Legal Research	78	(1)
The Form of Legal Argument	78	(2)
The Adversary System and Jury Trials	80	(46)
The Characteristics and Rationale of the Adversary System	80	(5)
The Need for a Passive Decision-Maker	81	(1)
Party Presentation of Evidence and Arguments	82	(1)
Structuring the Trial to Induce and Sustain a Clash of Opposing Partisan Views of the Case	83	(1)
Structuring the Trial to Assure Equality of Adversarial Opportunities	84	(1)
Juries	85	(6)
Some History and Comparative Comments	86	(1)
The Division of Labor Between Judge and Jury	87	(2)
Characteristics of the Modern Jury	89	(2)
The Adversary Jury Trial and the Lawyer's Role in It	91	(18)
Jury Selection	92	(2)
Opening Statements	94	(1)
Presentation of Evidence (Proofs)	95	(1)
Witness Testimony	96	(1)
Direct Examination	97	(1)
Cross Examination	98	(1)
Redirect Examination	99	(1)
Objections	100	(1)
Exhibits: Real, Demonstrative and Documentary Evidence	101	(1)
Motions for a Directed Verdict	102	(1)
Closing Arguments	102	(2)
Jury Instructions	104	(2)
Deliberation and Verdict	106	(1)
Post-Trial Motions	107	(2)
Evidence Law	109	(6)
The Requirement of Personal Knowledge for Testimony	109	(1)
Opinion Evidence	109	(1)
Relevance and Character Evidence	110	(1)
The Rule Against Hearsay and Its Major Exceptions	111	(1)
Statements Not Offered for Their Truth	112	(1)
Exceptions to the Rule Against Hearsay	113	(1)
Party Admissions	113	(1)
Business Records	113	(1)
Excited Utterances	114	(1)
Present Sense Impression	114	(1)
State of Mind	114	(1)
Other Exceptions	114	(1)
Criticisms of the Adversary System	115	(5)
Abuse of Party-Control	115	(2)
Inadequate Focus on the Truth	117	(1)
The Inefficiency of Adversary Litigation	118	(1)
The Costs of Litigation and Inequality of Financial Resources	119	(1)
Criticisms of the Jury System	120	(6)
The Legal Profession	126	(39)
Legal Education and Admission to the Bar	127	(12)
Legal Educational Requirements and the J.D. Degree	127	(1)
Admission to Law School	128	(1)
The Basic J.D. Curriculum and Degree	129	(3)
Advanced Law Degrees	132	(1)
Law Teachers	133	(2)
Admission to the Bar	135	(2)
Criticism of Legal Education in Law Schools	137	(2)
Legal Education After Law School	139	(1)
Issues in the Regulation of Practice	139	(3)
Types of Practice	142	(14)
Private Practice	142	(1)
Solo Practice and Smaller Firms	142	(3)
Large-Firm Practice	145	(2)
Non-Traditional Forms for Delivery of Private Legal Services	147	(2)
In-House Counsel	149	(1)
Government Service	150	(1)
Federal Government Service	150	(1)
State Attorneys General	151	(1)
Local Prosecutors	152	(1)
City and County Attorneys	153	(1)
Public Interest Practice	153	(1)
Legal Services Assistance in Civil Matters	153	(1)
Representation of Indigent Defendants in Criminal Cases	154	(1)
Private Public Interest Organizations	155	(1)
Minorities and Women in the Legal Profession	156	(2)
Legal Ethics	158	(7)
Regulating the Legal Profession: Sources of Regulation	158	(1)
Defining Ethical Behavior: The Duties of the Attorney	159	(1)
The Nature of the Attorney-Client Relationship	159	(2)
The Attorney's Duty to the Administration of Justice	161	(2)
Duties to the Profession and Others	163	(2)
The Judicial System	165	(1)
PART I: An Overview of Court Systems and Judges	165	(23)
Trial Courts and Appellate Courts: Their Basic Characteristics and Interrelationship	165	(6)
Trial Courts	165	(2)
Appellate Courts	167	(1)
The Scope of Appellate Review	168	(1)
Appellate Court Procedure	169	(1)
Trial Court Actions that are Reviewable	170	(1)
State and Federal Court Structure and Characteristics	171	(4)
State Court Structure	171	(1)
The Federal Court System	172	(2)
The United States Supreme Court	174	(1)
Judges and Methods of Judicial Selection	175	(8)
Characteristics of Judges	175	(3)
Judicial Selection Methods in the Federal System	178	(1)
State Judicial Selection Systems	179	(2)
Removal and Discipline of Judges	181	(2)
Other Judicial Officials and Assistants	183	(2)
Magistrates	183	(1)
Bankruptcy Judges	184	(1)
Administrative Adjudicators	184	(1)
Court Clerks, Law Clerks and Other Court Officials	185	(1)
Subject-Matter Jurisdiction of State and Federal Courts	185	(3)
State Court Subject Matter Jurisdiction	185	(1)
Federal District Court Subject Matter Jurisdiction	186	(2)
PART II: Federalism Complications in the Judicial System	188	(7)
Law Applied in Federal and State Courts	189	(3)
Law Applied When State-Law Claims Are Adjudicated in Federal Court	189	(2)
Law Applied When Federal Law Claims are Adjudicated in State Court	191	(1)
Appeals of Federal Law Issues in State Court and State Law Issues in Federal Court	191	(1)
Simultaneous Litigation in State and Federal Court	192	(3)
Resolution by First Entry of Judgment	192	(1)
Injunctions Against Litigation in Another Court	193	(1)
Abstention	193	(2)
Administrative Law	195	(1)
PART I: Law and Procedures of Administrative Agencies	195	(20)
Types and Purposes of Administrative Agencies	195	(1)
Rule-Making Functions of Agencies	196	(2)
Legislative Rules and the Rule-Making Process	196	(2)
Interpretive Rules and Statements of Policy	198	(1)
Adjudicatory Functions of Agencies	198	(8)
Administrative Adjudication Procedure under the APA	199	(3)
Minimum Due Process Requirements for Agency Action	202	(4)
Judicial Review of Agency Action	206	(5)
Right to Judicial Review of Agency Action	206	(1)
Procedural Aspects of Judicial Review	207	(1)
Scope of Review of Agency Action	208	(2)
Review of Discretionary Agency Actions or Inaction	210	(1)
Attorney Fees and Costs	211	(1)
Presidential and Congressional Controls on Federal Agency Action	211	(4)
Power Over Tenure of Agency Officials	211	(2)
Ongoing Presidential and Congressional Influence on Agency Action	213	(2)
PART II: Separation of Powers and Federalism Issues Involving Agencies	215	(11)
Administrative Agencies and Separation of Powers	215	(5)
Agencies Exercising Legislative Power	216	(1)
Agencies Exercising Judicial Power	217	(2)
Intra-Agency Separation of Powers Problems	219	(1)
Federalism and Sovereign Immunity Limits on Suits to Redress Illegal Federal and State Agency Action	220	(6)
Suits Against Agencies Themselves	220	(1)
Suits Against Federal Agencies in Federal Court	220	(1)
Suits Against Federal Agencies in State Court	221	(1)
Suits Against State Agencies in Federal Court	221	(2)
Suits Against State Agencies in State Court	223	(1)
Suits Against Administrative Officials for Personal Liability	223	(3)
Civil Procedure	226	(1)
PART I: The Course of a Civil Lawsuit	226	(23)
The Pleading Stage of the Case	226	(6)
Plaintiff's Complaint	226	(1)
The Defendant's Response to the Complaint	227	(3)
Joinder of Claims and Parties	230	(2)
The Discovery Stage	232	(5)
Discovery Methods	232	(2)
Scope of Discovery	234	(2)
Enforcement of Discovery	236	(1)
Motion for Summary Judgment and the Final Pretrial Conference	237	(2)
Summary Judgment	237	(1)
Pretrial Conferences	238	(1)
Trial Procedure	239	(1)
Impact of Civil Pretrial Procedures on Trials	239	(1)
Scope of the Right to a Jury Trial in Civil Cases	239	(1)
Judgments in Civil Cases: Money Damages, Equitable Relief and Costs	240	(5)
Money Judgments	240	(1)
Equitable Relief	241	(2)
Declaratory Relief	243	(1)
Awards of Costs	244	(1)
Effect of Judgments	245	(2)
Claim Preclusion (Res Judicata)	245	(1)
Issue Preclusion (Collateral Estoppel)	245	(2)
Resolving Cases Without Litigation	247	(2)
Voluntary Settlements	247	(2)
Court Sponsored Settlement Procedures	249	(1)
PART II: The Complicating Effects of Federalism on Civil Procedure	249	(17)
Personal Jurisdiction in State and Federal Courts	250	(6)
Personal Jurisdiction in State Courts	250	(5)
Personal Jurisdiction Powers of Federal Courts	255	(1)
Forum Non Conveniens	256	(1)
Recognition of Judgments: The ``Full Faith and Credit'' Requirement	257	(2)
Enforcement and Effect of Out-of-State Judgments	257	(1)
Exceptions to Full Faith and Credit	258	(1)
Choice-of-Law Rules	259	(7)
Constitutional Limitations on State Choice-of-Law Rules	259	(1)
The Variety of State Choice-of-Law Rules	260	(4)
Trends in Conflicts Law in the Courts	264	(2)
Criminal Procedure	266	(1)
PART I: An Outline of the Criminal Justice Process	266	(13)
Arrest, Formal Charges and the First Appearance	266	(4)
Preliminary Hearings, Indictments or Informations, and Pre-Trial Motions	270	(3)
Trial	273	(1)
Sentencing Procedures in Criminal Cases	274	(1)
Appellate Review of Convictions	275	(2)
Resolving Criminal Cases Without Trial	277	(2)
Plea Bargaining	277	(1)
Programs for Diversion from the Criminal Justice System	278	(1)
PART II: Constitutional Criminal Procedure	279	(40)
Introduction and Preliminary Comments	279	(2)
Limitations on Investigative Techniques and Apprehension of Suspects	281	(21)
Search and Seizure	281	(1)
What is a ``Search''?	281	(3)
Whether a Search is ``Reasonable''	284	(1)
Searches With Probable Cause and a Warrant	284	(1)
Searches With Probable Cause But Without a Warrant	285	(2)
Searches Without Probable Cause or a Warrant	287	(2)
Means of Executing Searches: The ``Knock and Announce'' Rule	289	(1)
Unreasonable ``Seizures'' of Persons: Illegal Arrests	289	(2)
The ``Terry'' Stop and Frisk	291	(2)
Administrative Searches and Seizures	293	(1)
The Law of Confessions	294	(3)
Pre-Trial Right to Counsel	297	(1)
The Exclusionary Rule	298	(4)
Rights at the Charging Stage and Pre-Trial Release	302	(1)
Rights at Trial	302	(8)
Right to Speedy Trial	302	(1)
Right to Public Trial	303	(1)
Right to a Jury Trial	304	(1)
Right to an Impartial Jury	304	(1)
Right Not to Testify	305	(1)
Right to Confront Accusers	306	(1)
Right to Counsel at Trial	307	(1)
Burden of Proof	308	(1)
Other Constitutional Protections	309	(1)
The Effect of Prior Proceedings: The Double Jeopardy Guarantee	310	(3)
When Jeopardy Attaches	310	(1)
Retrial After a Completed Trial or Other Ruling on the Merits	310	(1)
Retrial After a Mistrial	311	(1)
What is the ``Same Offence''	312	(1)
Collateral Estoppel	312	(1)
Double Jeopardy and Dual Sovereignty	313	(1)
Limitations on Punishment	313	(3)
The Death Penalty	313	(2)
Other Forms of Cruel and Unusual Punishment	315	(1)
Civil Forfeitures	315	(1)
Rights on Appeal	316	(3)
Constitutional Law	319	(1)
PART I: Judicial Review, Structure and Powers	319	(24)
Judicial Review	319	(5)
The General Nature of Judicial Review	319	(2)
Constitutional Interpretation	321	(3)
Limits on Judicial Review by Federal Courts	324	(7)
Standing	324	(3)
Ripeness and Mootness	327	(1)
The ``Political Question'' Doctrine	328	(2)
Congressional Limits on Judicial Review	330	(1)
Legislative Powers of the Federal Government and the Relationship Between the States and the Federal Government: Vertical Federalism	331	(8)
Regulating the States Themselves	332	(2)
Federal Regulation of Private Conduct Within States	334	(3)
Congressional Power Under §5 of the 14th Amendment	337	(2)
The Relationship Between the States: Horizontal Federalism	339	(4)
The ``Dormant'' Commerce Clause	339	(3)
The Privileges and Immunities Clause of Article IV	342	(1)
PART II: Individual Rights Protected by the Constitution	343	(46)
State Action	343	(2)
Rights to Equal Protection of the Laws	345	(11)
Strict Scrutiny for Suspect Classifications and Burdens on Fundamental Rights	345	(1)
Suspect Classifications	346	(3)
Classifications Affecting Fundamental Rights	349	(1)
Lax ``Rational Basis'' Scrutiny for Economic and Business Regulation or Social Welfare Programs	350	(1)
The Middle-Level Test for ``Semi-Suspect'' Classifications	351	(5)
Substantive Due Process Rights	356	(5)
The Right to Privacy	357	(2)
Other Privacy Rights	359	(2)
First Amendment Freedoms of Expression	361	(19)
Content Regulation	362	(5)
Time, Place and Manner Restrictions on Protected Expression	367	(3)
Regulating Symbolic Expression	370	(1)
Means of Regulating Expression	370	(5)
Some Special Issues in Freedom of Expression	375	(5)
First Amendment Religious Freedoms	380	(9)
The Establishment Clause	381	(4)
The Free Exercise Clause	385	(4)
Contracts and Commercial Law	389	(1)
PART I: The Common Law of Contracts	389	(16)
Formation of Contracts	389	(6)
Offer and Acceptance	389	(3)
Consideration	392	(2)
Formal Requirements	394	(1)
The Statute of Frauds	394	(1)
Resolving Problems with Incomplete or Indefinite Written Agreements	395	(1)
Interpretation of Contracts	395	(2)
Issues in Performance of Contracts	397	(1)
Order of Performance	397	(1)
Conditions and Duties	397	(1)
Grounds for Nonperformance of Contracts	398	(4)
Mistake	398	(1)
Changed Circumstances: Impossibility, Impracticability, Frustration of Purpose, and Reformation	398	(1)
Lack of Capacity: Minors and Mental Incapacity	399	(1)
Duress and Undue Influence	400	(1)
Misrepresentation	401	(1)
Unconscionable and Adhesion Contracts	401	(1)
Illegal Contracts and Contracts Against Public Policy	401	(1)
Breaches and Repudiations of Contracts	402	(1)
Remedies for Breaches of Contracts	402	(3)
Damages and Their Limitations	402	(1)
Equitable Relief	403	(2)
PART II: Commercial Law	405	(55)
The Uniform Commercial Code	405	(11)
Contracts for Sales of Goods Under the UCC	405	(1)
Special Rules for ``Merchants''	406	(1)
Contract Formation	406	(1)
Determining Contract Content Under the UCC	407	(3)
Warranties	410	(3)
Security Interests in Personal Property Under the UCC	413	(1)
The Nature of Security Interests	413	(1)
Requirements for Valid Security Interests	413	(1)
Enforcing Security Interests	414	(1)
Disputes Over Secured Property	414	(2)
Consumer Protection Laws	416	(8)
Consumer Credit Transactions	416	(1)
Federal Laws	416	(3)
State Laws	419	(1)
Deceptive and Unfair Trade Practices	420	(1)
Federal Laws	420	(2)
State Laws	422	(2)
Tort Law	424	(36)
Torts in Perspective	424	(2)
Types of Torts by Degrees of Fault	426	(15)
Intentional Torts	426	(1)
Most Common Types of Intentional Torts	426	(3)
Defenses to Intentional Torts	429	(1)
Negligence	430	(1)
Negligence as the Breach of a Duty of Care	430	(2)
Causation in Negligence Cases	432	(1)
Defenses to Negligence	433	(3)
Some Special Issues in Negligence Liability	436	(1)
Joint Torts	436	(1)
Vicarious Liability: Liability for the Negligence of Others	437	(1)
Dram Shop Liability	437	(1)
Liability Without Fault	437	(1)
Abnormally Dangerous Activities	437	(1)
Products Liability	438	(3)
Torts Vindicating Particular Interests	441	(9)
Injuries to Economic Interests	441	(1)
Fraud and Misrepresentation	441	(1)
Interference with Economic Advantage	442	(1)
Misuse of Legal Procedures	442	(1)
Invasions of Dignitary Interests	443	(1)
Defamation	443	(2)
Infliction of Emotional Distress	445	(1)
Invasion of Privacy	446	(1)
Constitutional Limits on Dignitary Torts	446	(1)
The 1st Amendment and Defamation	446	(3)
The 1st Amendment and Other Dignitary Torts	449	(1)
Relief Available in Tort Cases	450	(6)
Compensatory Damages	450	(2)
Punitive Damages	452	(1)
Nature of Award and Grounds	452	(1)
Constitutional Requirements	453	(2)
Wrongful Death and Survival Actions	455	(1)
Specific Relief	455	(1)
Administration of the Tort System of Compensation	456	(4)
The Role of Liability Insurance	456	(1)
The ``Crisis'' in the Tort Compensation System and Recent Attempts at Reform	457	(1)
Substitutes for Tort Recovery	458	(2)
Property Law	460	(1)
PART I: Real and Personal Property	460	(16)
The Nature and Forms of Property	460	(1)
Defining Interests in Real Property	461	(3)
Property Interests Defined by Degree of Ownership or Control	461	(1)
Property Interests Defined by Physical Limits	462	(1)
Property Interests Defined by Time	463	(1)
Property Interests Defined by How the Interest Is Held	464	(1)
Personal Property	464	(1)
Rights and Obligations of Owners of Real Property	465	(5)
Rights Included in Ownership of Real Property	465	(1)
Consensual Limitations on Ownership	466	(1)
Limitations Arising By Operation of Law	467	(1)
Duties of Owners of Real Property	467	(2)
Property Taxes on Ownership of Real Property	469	(1)
Government Control Over Real Property	470	(6)
Regulating Land Use	470	(1)
Governmental Takings of Land: Eminent Domain	470	(2)
Regulatory ``Takings''	472	(4)
PART II: Transfers of Property Interests	476	(10)
Real Estate Purchase Transactions	476	(3)
The Purchase Contract	476	(1)
Financing	476	(1)
Title Assurance	476	(2)
Transfer Taxes on the Sale of Property	478	(1)
RESPA Disclosures to the Purchaser-Borrower	478	(1)
Income Tax on Gains Realized From Sale of Real Property	478	(1)
Development and Sale of Condominiums and Cooperatives	479	(1)
Condominiums	479	(1)
Cooperatives	479	(1)
Leasing Property: Landlord-Tenant Law	480	(1)
Residential Leasing	480	(1)
Commercial Leases	481	(1)
Succession of Property Interests Upon Death of the Owner	481	(1)
Testamentary Succession of Property	481	(1)
Intestate Succession	482	(1)
Establishment and Operation of Trusts	482	(3)
Formation of a Trust and Reasons for Its Establishment	483	(1)
Avoiding Probate with a Revocable Inter-Vivos Trust	483	(1)
Avoiding Taxes with an Irrevocable Inter-Vivos Trust	484	(1)
Testamentary Trusts and the Use of a Pour-Over Will with an Inter Vivos Trust	484	(1)
Other Methods of Transferring Interests in Property	485	(1)
Transfers Common to Both Real and Personal Property	485	(1)
Transfers Applicable to Personal Property Only	485	(1)
PART III: Intellectual Property	486	(178)
Copyright Law	486	(8)
Works Subject to Copyright Protection	486	(2)
Copyright Owner's Rights	488	(1)
Ownership and Transfers of Copyrights	489	(1)
Fair Use of Copyrighted Work	490	(2)
Infringement	492	(2)
Patent Law	494	(4)
Inventions Patentable	494	(1)
Registration of Patents	495	(1)
Rights Protected	496	(1)
Infringement	497	(1)
Trademark Law	498	(4)
What is a Trademark	498	(2)
Registration	500	(1)
Infringement Suits	501	(1)
International Intellectual Property Protection	502	(3)
Treaties	502	(1)
Trade Agreements	503	(2)
Family Law	505	(30)
Marriage	505	(4)
Ceremonial Marriages	505	(1)
Common Law Marriages	506	(1)
Marriage and Property Rights	507	(2)
Dissolution of Marriages	509	(14)
Divorce	509	(1)
Annulment and Legal Separation	510	(1)
Alimony and Property Settlement	511	(1)
Distinction Between Alimony and Property Settlements	511	(1)
Determining the Amount of Alimony Awards and Property Settlements	512	(1)
Agreements on Alimony and Property Settlement	513	(1)
Property Subject to Division	513	(1)
Custody of Children	514	(1)
Presumptions and Factors in Awarding Custody	514	(2)
Visitation Rights	516	(2)
Joint Custody Arrangements	518	(1)
Interstate Enforcement of Custody Decrees	518	(1)
Child Support	519	(1)
Nature and Duration of the Support Obligation	519	(1)
Determining Parentage for Support Purposes	520	(1)
The Amount of Support Orders	521	(1)
Welfare Programs for Needy Families	522	(1)
Enforcement of Child Support Orders	522	(1)
Non-Traditional Relationships and Family Law	523	(3)
Unmarried Heterosexual Couples	523	(1)
Homosexual Couples	524	(2)
Child Custody Issues Outside Divorce	526	(3)
Adoption	526	(1)
Reproductive Technology and Child Custody	527	(2)
Problems in the Intact Family	529	(6)
Spouse Abuse	529	(1)
Child Abuse and Neglect	530	(2)
Medical Care	532	(1)
Juvenile Delinquency	532	(1)
Mentally or Physically Disabled People	533	(1)
Guardianships of the Estate and the Person	533	(1)
Civil Commitment of Mentally Ill Persons	533	(1)
Issues Involving the Mentally Retarded	533	(2)
Criminal Law	535	(29)
General Considerations	535	(2)
Sources and Variety of Criminal Law	535	(1)
Constitutional Considerations	536	(1)
Elements of a Crime	537	(5)
The Wrongful Act	537	(1)
Fault or Guilty Mind (Mens Rea)	538	(1)
The Levels of Fault	538	(1)
General and Specific Intent	538	(1)
Liability Without Fault	539	(1)
Causation	540	(2)
Specific Offenses	542	(5)
Criminal Homicide	542	(2)
Burglary	544	(1)
Theft Offenses	545	(1)
Rape (Criminal Sexual Conduct)	546	(1)
Defenses to Criminal Liability	547	(8)
Failure-of-Proof Defenses	547	(1)
Affirmative Defenses	548	(1)
Defensive Violence	549	(1)
Insanity and Other Mental Illness	550	(1)
Duress, Necessity and Other Pressures on Free Will	551	(3)
Entrapment	554	(1)
Peripheral Actors, Anticipatory Crimes and Enterprise Criminality	555	(4)
Accessories and Accomplices	555	(1)
Solicitation, Attempts and Conspiracies	556	(1)
Enterprise Liability	556	(1)
Criminal Liability of Corporations	556	(1)
Criminal Liability for Racketeering Activities: RICO	557	(2)
Criminal Sanctions	559	(5)
Imprisonment	559	(3)
Probation	562	(1)
The Death Penalty	562	(2)
Business Law	564	(60)
Types of Business Organizations	564	(18)
Sole Proprietorships	564	(1)
General Partnerships	565	(2)
Limited Partnerships	567	(1)
Corporations	568	(1)
General Nature	568	(1)
Types of Corporations	569	(2)
Formation of the Corporation	571	(1)
Business Reasons for Choosing to Incorporate	571	(2)
Corporate Finance and Ownership	573	(1)
Organizational Structure and Powers	574	(3)
``Piercing the Corporate Veil''	577	(2)
Extraordinary Corporate Transactions	579	(1)
Tender Offers	580	(1)
Limited Liability Companies	581	(1)
Regulation of Corporate Securities	582	(5)
Federal Securities Regulation	582	(3)
State ``Blue Sky'' Laws	585	(1)
Federal Regulation of Corporate Governance	586	(1)
Bankruptcy	587	(3)
Antitrust Law	590	(7)
Applicable Law	590	(1)
Prohibited Practices	591	(5)
Federal Antitrust Remedies and Enforcement Powers	596	(1)
Exemptions and Reach of Federal Antitrust Laws	596	(1)
Labor and Employment Law	597	(15)
Nature of the Individual Employment Relationship	597	(2)
Laws Protecting Workers	599	(2)
Employment Discrimination	601	(5)
Rights to Unionize and to Act and Bargain Collectively	606	(1)
Union Organizing	607	(1)
Unfair Labor Practices	608	(1)
Protected Action for Other Mutual Aid and Protection	609	(1)
Collective Bargaining	609	(1)
Strikes, Boycotts and Other Tactics	610	(1)
Disputes Under the Collective Bargaining Agreement	611	(1)
The Union's Duty of Fair Representation	612	(1)
Environmental Law	612	(12)
Pesticides and Other Toxic Substances	613	(1)
Air Pollution	614	(1)
Water Pollution	615	(2)
Cleanups of Sites Contaminated with Toxic Substances	617	(1)
Hazardous Waste Management	618	(1)
State Environmental Laws	619	(1)
Environmental Impact of Actions of the Federal Government	620	(1)
Endangered Species	621	(3)
Tax Law	624	(40)
Sources of Law and Basic Concepts in Federal Tax Law	624	(3)
Sources of Law	624	(2)
Basic Concepts in Tax Law	626	(1)
Federal Income Tax	627	(27)
Taxpayers, the Tax Base and Taxable Income	627	(1)
Tax Rates	628	(1)
Taxable Income	629	(1)
Gross Income	629	(1)
Arriving at Taxable Income	630	(1)
Deductible Expenses	631	(1)
Capital Cost Recovery: Depreciation, Depletion Allowances, and Amortization	631	(1)
Adjusted Gross Income	632	(1)
The Sale or Disposition of Property	633	(1)
Non-Realization and Non-Recognition of Gain	633	(1)
Gain or Loss Realized from Disposition	634	(5)
The Taxable Year and Accounting Methods	639	(3)
Tax Credits	642	(1)
Income Tax on Corporations	642	(1)
Double Taxation of Corporate Income	642	(3)
Income Tax Issues in Formation of the Corporation	645	(2)
Income Tax Issues in Operating the Corporation	647	(1)
Distributions to Shareholders	647	(4)
Compensation of Corporation Employees	651	(1)
Income Tax Issues in Corporate Mergers and Liquidations	652	(1)
Taxation of ``Pass-Through'' Entities or ``Fiscally Transparent'' Entities	653	(1)
International Tax Issues	654	(4)
Tax on Foreign Income of U.S. Taxpayers	654	(3)
Tax on U.S. Source Income of Foreign Taxpayers	657	(1)
Other Federal Taxes	658	(1)
The Payroll Tax	658	(1)
Excise Taxes	658	(1)
The Estate and Gift Taxes	658	(1)
State and Local Taxes	659	(1)
The Sales Tax	659	(1)
The Property Tax	659	(1)
Franchise Taxes	659	(1)
State and Local Income Taxes	659	(1)
Administration of Tax Laws	659	(5)
Initial Screening of Returns	660	(1)
Tax Audits	660	(1)
Administrative Protests and Appeals	661	(1)
Judicial Review	661	(1)
Tax Lawyers and Advisors	662	(2)
International Aspects of United States Law	664	(1)
PART I: International Law and Its Application in the United States	664	(21)
Sources, Forms and Hierarchy of International Law Rules	664	(5)
Sources and Forms	664	(1)
Treaties	664	(1)
Customary Rules of International Law	665	(1)
Criteria for Customary Rules	665	(1)
How Customary Rules Develop	666	(1)
Nature of Customary Rules	666	(1)
Documentary Sources of Customary International Law	667	(1)
General Principles of Law	667	(1)
The Hierarchy of the Forms and Sources of International Law	668	(1)
International Law in the U.S. Legal System	669	(12)
U.S. Law of Treaties and Other International Agreements	669	(1)
Treaty Power Under the Constitution	669	(1)
Procedures for Making and Ratifying Treaties	669	(1)
Scope of the Treaty Power Under the Constitution	670	(1)
Enforcing U.S. Treaties: Self-Executing and Non-Self-Executing Treaties	671	(1)
Executive Agreements	672	(1)
Congressional-Executive Agreements	673	(1)
Free-Standing Executive Agreements	674	(1)
The Place of International Law in the U.S. Domestic Legal Order	674	(1)
The United States as a ``Dualist'' State	674	(2)
International Law in the U.S. Domestic Hierarchy of Laws	676	(1)
``Federal'' International Law's Relationship to State Law	676	(1)
International Law Among Other Forms of Federal Law	676	(3)
Compensation for the Low Hierarchical Position of International Law in the Domestic U.S. Legal Order	679	(1)
Vested Private Rights Under Treaties	679	(1)
Narrow Interpretations of Statutes to Avoid Conflict	680	(1)
War Powers and Military Intervention Under U.S. Law	681	(1)
Shared Powers of the President and Congress	681	(1)
Presidential Action Independent of Congress	681	(1)
Remedies for Violations of International Law	682	(3)
U.S. Law on Remedies in General	682	(1)
U.S. Amenability to Jurisdiction of International Tribunals	683	(1)
Enforcement of International Law in U.S. Courts	683	(1)
Enforcement of Private Rights Under Treaties	683	(1)
Private Rights Under Customary International Law: The Alien Tort Statute	684	(1)
PART II: International Litigation in U.S. Courts	685
Extraterritorial Reach of U.S. Law and Judicial Process	685	(22)
Legislative Jurisdiction	686	(1)
The Territoriality Principle	686	(1)
Exceptions to Territoriality	686	(1)
The Nationality Principle	686	(2)
The Protective Principle	688	(1)
The Passive Personality Principle	688	(1)
The Principle of Universal Jurisdiction	689	(1)
Effects as a Basis for Extraterritorial Jurisdiction	689	(2)
The Overall Reasonableness Test	691	(2)
Legislative Jurisdiction by Consent	693	(1)
Extraterritorial Judicial Jurisdiction	694	(1)
International Application of the Minimum Contacts Test	695	(1)
Minimum Contacts with U.S. States in the International Setting	695	(1)
Minimum Contacts with the Entire U.S. for Federal Claims in Federal Court	695	(1)
Special Treatment of International Defendants	696	(1)
Forum Non Conveniens As a Basis for Declining Judicial Jurisdiction in International Cases	696	(2)
Jurisdiction to Enforce	698	(1)
Administrative Enforcement Action	698	(1)
Judicially-Allied Enforcement Actions: Criminal Cases	699	(1)
Extraterritorial Investigation and Arrest	699	(2)
Extradition from a Foreign State	701	(1)
High Seas, Customs Waters and International Airspace	702	(1)
Extraterritorial Reach of U.S. Civil Process and Court Orders	703	(1)
Service of Process on Foreign Defendants	703	(1)
Discovery of Evidence Abroad	704	(3)
International Enforcement of Judgments	707	(2)
Enforcement of U.S. Judgments by Foreign Courts	707	(1)
Enforcement of Foreign Judgments by U.S. Courts	707	(1)
A Potential Treaty on Judgment Enforcement	708	(1)
Enforcement of International Arbitration Awards	708	(1)
Suits Involving Foreign States and Their Official Acts	709
Sovereign Immunity	709	(1)
Scope of the Foreign Sovereign Immunity Act	709	(2)
When Sovereign Immunity Does Not Apply	711	(2)
The Act of State Doctrine	713	(1)
Scope of and Rationale for the Act of State Doctrine	713	(2)
Exceptions to the Act of State Doctrine	715
Appendix A: Legal Materials and Diagrams	1	(1)
Appendix B: Addresses of Major Publishers of U.S. Legal Materials and Sources of U.S. Law on the Internet	1	(1)
Appendix C: Table of Cases	1