We take a fair look at some of the best counter arguments for legalization and see how they hold up in review. The video "3 Arguments Why Marijuana Should Stay Illegal Reviewed" is a resource included in the Law topic made available from the Kurzgesagt open educational resource series.
American Contract Law for a Global Age by Franklin G. Snyder and Mark Edwin Burge of Texas A&M University School of Law is a casebook designed primarily for the first-year Contracts course as it is taught in American law schools, but is configured so as to be usable either as a primary text or a supplement in any upper-level U.S. or foreign class that seeks to introduce American contract law to students. As an eLangdell text, it offers maximum flexibility for students to read either in hard copy or electronic format on most electronic devices.
Why “American” Contract Law? Nearly all American contract law texts focus on U.S. law. This volume simply makes that focus explicit. Modern American lawyers face an increasingly global world, and the book makes it clear that American law is not the only important commercial law regime in the world. But much of the value that the cosmopolitan and transnational American-trained lawyer brings to the table is an understanding of the contract law of the United States. To this end, the venerable English cases that exemplify common law doctrine are here presented not in their hoary 19th century settings. but in the 21st century forms that students can intuitively grasp.
This course introduces the framework of the law as it affects a business, including the origins of the American legal system, how the law operates, and how it is enforced. It covers legal regulation of business, including civil and criminal law, formation of contracts, employment law, environmental regulation, real estate, and consumer rights.
Course Outcomes:
1. Explain the origins of the American legal system.
2. Apply elements of law to specific individual and business scenarios.
3. Understand the requirements for a valid contract and apply those requirements to specific contractual activities.
4. Recognize the interconnectedness of the legal system to business, society, and the environment.
5. Explain the impact of the uniform commercial code, UCC, on the business environment.
Keith Tierney updated and enhanced this work in 2018 based on an adaptation of Business Law and the Legal Environment by the Saylor Academy.
This is the third edition of Bankruptcy Law and Practice, a Casebook Designed to Train Lawyers for the Practice of Bankruptcy Law. It is designed for a one-semester course in debtor/creditor law and bankruptcy. The book deals with both creditor remedies and debtor protections, starting with state law collection remedies, exemptions, and the important special protections for secured creditors under both Article 9 of the Uniform Commercial Code and state real property recording acts. After a thorough review of state law debt collection practice, the book covers the basics of straight bankruptcy law with a focus on Chapter 7 of the Bankruptcy Code, both for individuals and businesses. Although the book has a practice focus, it covers the major Supreme Court cases, and important appellate cases with an emphasis on areas of uncertainty. The book also emphasizes the Bankruptcy Code itself, using problem sets to get students to work through the language of the Bankruptcy Code.
At the end of the book are two abbreviated chapters on bankruptcy reorganizations for consumers under Chapter 13 and for businesses under Chapter 11. These chapters are intended to outline the reasons that debtors choose to file for reorganization rather than liquidation, and focuses on the rules for confirming a plan.
The primary goal of the book is to prepare students for the practice of bankruptcy law. Students who understand these materials should be well prepared to anticipate and address the kinds of issues that arise in real bankruptcy cases, whether in a small dollar consumer practice or a big dollar corporate reorganization. Students will learn the language of commercial law and bankruptcy, along with the skills to find their way around the Bankruptcy Code.
This is a true digital book, with links to both the cases and the statutes. The case links jump to the full text in the free Google Scholar website, while the statutory links jump to reprinted statutes in the appendixes of the book. No materials other than the book are needed.
This book is the 7th edition of a basic income tax text. This edition incorporates the Tax Cuts and Jobs Act of 2017. It is intended to be a readable text, suitable for a three-hour course for a class comprised of law students with widely different backgrounds. The text integrates several of the CALI drills that Professor James Edward Maule (Villanova University) prepared.
For those learning about fair use, this is a specific example of how fair use may be used in research for text data mining. The book also explores basic copyright and fair use more generally, as well as the specifics of text data mining.
From the "about" section of the book:
"This book explores the legal literacies covered during the virtual Building Legal Literacies for Text Data Mining Institute, including copyright (both U.S. and international law), technological protection measures, privacy, and ethical considerations. It describes in detail how we developed and delivered the 4-day institute, and also provides ideas for hosting shorter literacy teaching sessions. Finally, we offer reflections and take-aways on the Institute."
In this course students will learn how to: Demonstrate an understanding of law, its historical development, judicial process, and the role of law in a complex social system, with emphasis on the American legal system and its institutions; Demonstrate the ability to analyze fact patterns in accordance with the legal professional case analysis method; to apply appropriate vocabulary and substantive legal principles; and then to analyze, compare, and evaluate the logic, reasoning, and arguments of other students, in accordance with established legal principles; Demonstrate the ability to complete a group project with other students, by identifying the applicable legal issues in a case or proposed statute, debating those issues, and producing a live course presentation; Identify and describe the basic principles of major business law subjects, such as constitutional authority to regulate business; common law contracts; the Uniform Commercial Code; agency; business associations; real and personal property and business-related torts; And identify and describe approaches to business ethics, social responsibility, and justice, and, demonstrate the ability, when confronted with an ethical dilemma, to weigh the arguments for alternative courses of action, and logically and persuasively argue for a particular course of conduct.
Business Law I Essentials is a brief introductory textbook designed to meet the scope and sequence requirements of courses on Business Law or the Legal Environment of Business. The concepts are presented in a streamlined manner, and cover the key concepts necessary to establish a strong foundation in the subject. The textbook follows a traditional approach to the study of business law. Each chapter contains learning objectives, explanatory narrative and concepts, references for further reading, and end-of-chapter questions.
Business Law I Essentials may need to be supplemented with additional content, cases, or related materials, and is offered as a foundational resource that focuses on the baseline concepts, issues, and approaches.
Supplementary Readings for Business Law and the Legal Environment (Ed. Keith Tierney, rev. 2019).
This chapter covers the Civil Procedure topic of Pleading: The Plaintiff's Complaint. The chapter takes approximately four class periods to cover in detail. The student is exposed to cases, presented with questions that are designed to both guide class discussion and to help the student focus his reading of the materials, pleadings from cases, and the applicable Federal Rules of Civil Procedure.
The sixth edition, first published as an ebook, and this seventh edition carry forward the philosophy and structure of the earlier editions. This book is not a comprehensive treatise on the subject of civil procedure, yet it provides a mixture of expository text, cases, and self-testing questions in nearly all of the major areas of the subject.
This is Volume 1 in a three volume series written for Contracts Law. The first semester of law school is mostly about learning to speak a new legal language (but emphatically not ŇlegaleseÓ), to formulate and evaluate legal arguments, to become comfortable with the distinctive style of legal analysis. We could teach these skills using almost any legal topic. But we begin the first-year curriculum with subjects that pervade the entire field of law. Contract principles have a long history and they form a significant part of the way that lawyers think about many legal problems. As you will discover when you study insurance law, employment law, family law, and dozens of other practice areas, your knowledge of contract doctrine and theory will be invaluable.
This is Volume 2 in a three volume series written for Contracts Law. The first semester of law school is mostly about learning to speak a new legal language (but emphatically not "legalese"), to formulate and evaluate legal arguments, to become comfortable with the distinctive style of legal analysis. We could teach these skills using almost any legal topic. But we begin the first-year curriculum with subjects that pervade the entire field of law. Contract principles have a long history and they form a significant part of the way that lawyers think about many legal problems. As you will discover when you study insurance law, employment law, family law, and dozens of other practice areas, your knowledge of contract doctrine and theory will be invaluable.
This is Volume 3 in a three volume series written for Contracts Law. Its former title is "Collaborative Teaching Materials for Contracts."
The first semester of law school is mostly about learning to speak a new legal language (but emphatically not “legalese”), to formulate and evaluate legal arguments, to become comfortable with the distinctive style of legal analysis. We could teach these skills using almost any legal topic. But we begin the first-year curriculum with subjects that pervade the entire field of law. Contract principles have a long history and they form a significant part of the way that lawyers think about many legal problems. As you will discover when you study insurance law, employment law, family law, and dozens of other practice areas, your knowledge of contract doctrine and theory will be invaluable.
Copyright Law: Cases and Materials is a free copyright law textbook designed for a four-credit copyright course, which is what we teach at NYU School of Law. Model syllabi for four-credit and three-credit courses are available in the Faculty Resources section of this website. All faculty teaching copyright law are welcome to access the Faculty Resources, including the faculty discussion forum, by becoming a registered user of the site. To register, write us at jeanne.fromer@nyu.edu or christopher.sprigman@nyu.edu.
The textbook is made available under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License. Under the terms of this license, you are free to copy and redistribute the textbook in part or whole in any format provided that (1) you do so only for non-commercial purposes, and (2) you comply with the attribution principles of the license (credit the authors, and link to the license). Note please that this license does not permit you to make modifications to the textbook or to create derivative works. That said, there are a wide variety of derivatives that we would gladly permit. If you want to make modifications to the textbook, please contact us.
Criminal Law uses a two-step process to augment learning, called the applied approach. First, after building a strong foundation from scratch, Criminal Law introduces you to crimes and defenses that have been broken down into separate components. It is so much easier to memorize and comprehend the subject matter when it is simplified this way. However, becoming proficient in the law takes more than just memorization. You must be trained to take the laws you have studied and apply them to various fact patterns. Most students are expected to do this automatically, but application must be seen, experienced, and practiced before it comes naturally. Thus the second step of the applied approach is reviewing examples of the application of law to facts after dissecting and analyzing each legal concept. Some of the examples come from cases, and some are purely fictional. All the examples are memorable, even quirky, so they will stick in your mind and be available when you need them the most (like during an exam). After a few chapters, you will notice that you no longer obsess over an explanation that doesn’t completely make sense the first time you read it—you will just skip to the example. The examples clarify the principles for you, lightening the workload significantly.
This presentation covers the legal environment of cybercrime to date. It addresses: the challenges of law enforcement; federal government vs. state jurisdiction of cybercrime; law enforcement department and agencies which handle cybercrime; criminal statutes and privacy statutes.
The goals of this activity are to facilitate team work, critical thinking, and presentation skills in the area of cybersecurity and fake news. Students will be grouped into two teams. As a team, they will choose and analyze cases and ethical questions about fake news through the questions presented in the activity. They will present their analysis to the class.
This is an activity the goals of which are to facilitate team work; critical thinking; presentation skills in the area of cybersecurity and law. Students will be grouped into two teams. As a team, they will choose and analyze cases about online identity theft through the questions presented in the activity. They will present their analysis to the class.
With 38.5 billion smart devices in existence in 2020 and increasing every year, the potential for security breaches in the Internet of things is also escalating at a dramatic pace. The goal of this team activity is to facilitate team work, critical thinking, and presentation skills in the area of cybersecurity and the Internet of Things. Students will be grouped into two teams. As a team, they will analyze cases about security cameras and smart dolls through the questions presented in the activity. They will present their analysis to the class.
This presentation is about the Silk Road Market, one of the largest cases of illegal drug activity on the dark web, that the federal government has prosecuted. Beyond discussing the case, the presentation adds general facts about the US Department of Justice, the FBI and the DEA, and federal sentencing. The case discussion includes information about: Ross Ulbricht the creator and head of the market; how the Silk Road operated; the involvement of the FBI and DEA; the trial; the fourth amendment violations alleged by the defense; and the sentencing.
Can law change human behavior to be less environmentally damaging? Law will be examined through case histories including: environmental effects of national security, pesticides, air pollution, consumer products, plastics, parks and protected area management, land use, urban growth and sprawl, public/private transit, drinking water standards, food safety, and hazardous site restoration. In each case we will review the structure of law and evaluate its strengths and weaknesses.
This chapter's objective is to raise interesting tax ethics issues in practical contexts. There are 43 notes and questions to prompt and guide discussions, and primary source materials to inform the discussions (e.g., cases, IRC provisions, and Circular 230 excerpts). These Teaching Notes flesh out the notes and questions, summarize the cases, and provide additional information and suggestions for readings. Of course, the ultimate test for casebook materials lies in student interaction based on the materials, so I assigned the materials to my students, and, taking their reaction into account, I have made suggestions below as to materials to eliminate or emphasize in customizing for your own class.
The Best Evidence Rule, contained in Article X of the Federal Rules of Evidence (Rules 1001-1008) and state counterparts, is a Rule that requires a party seeking to prove the contents of a writing, recording, or photograph to produce the original (or a duplicate) or account for its nonproduction. Through a series of cases and hypotheticals drawn from actual cases, this chapter gives readers a roadmap for how to address any Best Evidence Rule issue in practice.
The anti-jury impeachment rule, contained in Federal Rule of Evidence 606(b) and state counterparts, is a rule preventing the admission of jury testimony or statements in connection with an inquiry into the validity of the verdict, subject to certain exceptions. Through a series of cases and hypotheticals drawn from actual cases, this chapter gives readers a roadmap for how to address any jury impeachment issue in practice.
The Rape Shield Rule, contained in Federal Rule of Evidence 412 and state counterparts is a Rule preventing the admission of evidence concerning the sexual predisposition and behavior of an alleged victim of sexual misconduct, subject to certain exceptions. Through a series of cases and hypotheticals drawn from actual cases, this chapter gives readers a roadmap for how to address any Rape Shield Rule issue in practice.
This volume contains the Federal Rules of Appellate Procedure and forms as amended to December 1, 2011. These rules govern the federal appellate circuit courts. They are promulgated by the Supreme Court of the United States under the authority of Title 28 of the United States Code and appear in the Appendix to Title 28 of the United State Code. They are made available by the United States government on the Federal Digital System (FDSYS.)
This book contains the verbatim text of the U.S. Bankruptcy Code and Federal Rules of Bankruptcy Procedure (FRBP) and reflects amendments to the Federal Rules of Bankruptcy Procedure that were effective in December 2011. There are two versions available - both with and without the historical and revision notes for the Bankruptcy Code. Whether you want the full version will depend on your tolerance for these sometimes-lengthy materials at the end of each Code section.
Civil procedure consists of the rules by which courts conduct civil trials. In the U.S., civil procedure usually takes the form of a series of rules and judicial practices. The federal courts follow the Federal Rules of Civil Procedure.
This series of Federal Rules books, consisting of the Federal Rules of Evidence, Criminal Procedure and Civil Procedure, are powered by the Legal Information Institute at Cornell Law School, and created in partnership with no deposit mobile casino The Center for Computer-Assisted Legal Instruction (CALI).
These rules govern the conduct of all criminal proceedings brought in Federal courts. Our Federal Rules ebooks include: The complete rules as of December 1, 2012 (for the 2013 edition); All notes of the Advisory Committee following each rule; Internal links to rules referenced within the rules; and external links to the LII website's version of the US Code.
These rules govern the introduction of evidence in proceedings, both civil and criminal, in Federal courts. While they do not apply to suits in state courts, the rules of many states have been closely modeled on these provisions. Our Federal Rules ebooks include: The complete rules as of December 1, 2012 (for the 2013 edition); All notes of the Advisory Committee following each rule; Internal links to rules referenced within the rules; and external links to the LII website's version of the US Code.
This Casebook (Revised First Edition, August 2016) is intended to be used in an upper-division course covering the First Amendment to the United States Constitution. Its 14 chapters are substantially the same length, with the exception of Chapter One, the introduction, and Chapters Eleven and Twelve which in combination are the usual length. It is intended for 13 or 14 week semester that meets once or twice per week. Each Chapter contains a “Chapter Outline” at the beginning for ease of reference.
The Casebook is organized with the Speech Clauses as Part One and the Religion Clauses as Part Two. Unlike many other courses, there is no accepted organizational scheme within these broad areas. As the Introduction notes, First Amendment doctrine, especially within freedom of speech, presents a varied and haphazard landscape.
The Casebook follows a scheme that has proven effective in Professor Robson's years of teaching the course to hundreds of students. The selection of cases tends toward the most recent and these tend to be less heavily edited. These recent cases often contain extended discussions of earlier cases that are not included in the Casebook.
This framework lists five-steps which in order may assist anyone in navigating where to begin regarding a "can I use it?" U.S. Copyright problem.
The framework is intended for educational use and should not be construed as providing legal advice.
It is adapted (links added by Anita Walz) from a guide with the same name © 2014 Kevin Smith & Lisa Macklin CC BY-SA 4.0 - https://d396qusza40orc.cloudfront.net/cfel/Reading%20Docs/A%20Framework%20for%20Analyzing%20any%20Copyright%20Problem.pdf
In all civilized nations, attempts are made to define and buttress human rights. The core of the concept is the same everywhere: Human rights are the rights that one has simply because one is human. They are universal and equal. The following pubilcation gives an overview of Human Rights across the globe.
Intermediarios: Introduction to Spanish<>English Community and Legal Translation and Interpreting is intended for students who have advanced skills in both Spanish and English and a basic familiarity with translation and interpretation. Activities are based on the U.S. context. Translation activities increase in difficulty. The sequencing of interpreting activities develops skills gradually by beginning with memory exercises, then moving into class role plays, and finally working with legal interpreting exercises of increasing difficulty. Judicial interpreting activities target the three modes of interpreting used in the judicial setting: sight translation of documents, consecutive interpreting, and simultaneous interpreting.
This is not a comprehensive citation reference work. Its limited aim is to serve as a tutorial on how to cite the most widely referenced types of U.S. legal material, taking account of local norms and the changes in citation practice forced by the shift from print to electronic sources. It begins with an introductory unit. That is followed immediately by one on "how to cite" the categories of authority that comprise a majority of the citations in briefs and legal memoranda. Using the full table of contents one can proceed through this material in sequence. The third unit, organized around illustrative examples, is intended to be used either for review and reinforcement of the prior "how to" sections or as an alternative approach to them. One can start with it since the illustrative examples for each document type are linked back to the relevant "how to" principles.
This text explores the laws governing the use of land. Sometimes narrowly focused, often intensely local, land use regulation may give the impression of a highly specialized field with small stakes.The text is divided into three parts: First, we will survey the ordinary, local administrative scheme of land use regulation. The cases in this section are intended to establish what that system is and what itŐs standards are. In the second part of the course, we will turn our attention to cases illustrating litigation attacks on the ordinary administrative scheme. The purpose here is not, as it was in the first part, to understand better the standards the administrators should apply, but to understand the constraints imposed on the contents of local laws, the procedures of enactment and permitting, and the composition of local lawmaking bodies. In the third part, we focus on the distributive concerns raised by land use regulation. The regulatory takings doctrine has gone from, literally, nothing, to wrestling to disentangle distributive concerns from substantive ones, to trying to craft either rules or standards to identify regulations that go Ňtoo farÓ and should be considered ŇtakingsÓ within the meaning of the Fifth Amendment. We will consider what the doctrineŐs purposes are, how it should be governed, and how it should be invoked as a procedural matter.
The first year of law school is, for many people, one of the most significant transitions of their adult life. Law school demands a lot as it helps you make the transition from your prior identity as student (or as some other occupational role) to your new identity as an attorney. To meet the demands of law school, it is often helpful to have the big picture before you begin – a sense of what it is you are trying to do as you prepare for classes, participate in those classes, review and prepare for exams, take exams, and then begin the cycle once again.
Law School Materials for Success is designed to give you the essentials of that process. It is purposefully brief – most law students do not have the time for an extensive examination of the study of law school. Rather, they need a source for some basic, critical advice and some pointers on where to go for more if necessary. That is what this book and the accompanying podcasts are designed to provide.
The use of testamentary trusts is becoming an important part of estate planning. As a result, students who want to make a living as probate attorneys will need to know how trusts fit into estate planning. In addition, bar examiners realize that it is important for students to have a basic knowledge of trust law. That realization will result in bar examination questions that test that knowledge. This book is designed for use as a supplementary text for a course on wills and trusts and the primary text in a seminar or course exploring the law of trusts.