Steven S. Gensler and Lumen N. Mulligan
This is the premier practice-oriented guide to using the Federal Rules of Civil Procedure, written by two leading experts including a former member of the Civil Rules Advisory Committee. No other resource provides this level of breadth, depth, and expertise in such a concise and easy-to-use format.
For each rule, the authors explain in detail what the rule covers, how it works, how it has been interpreted by courts, and how it is used in practice. This title provides the most complete and current discussion possible; it is updated annually with new rule amendments, the latest caselaw, and emerging trends and issues integrated directly into the analysis.
Extensive citations to current caselaw and the best foundational precedents allow users to quickly find relevant cases and determine local practice and interpretation. Special emphasis and expanded coverage is given to the topics that matter the most in practice, including pleading and amendments, motions to dismiss, discovery, and summary judgment.
Wanda M. Temm
Clearing the Last Hurdle: Mapping Success on the Bar Exam by Wanda M. Temm is designed as a comprehensive textbook for a for-credit bar preparation course. This all-inclusive textbook includes substantive outlines on all Multistate Bar Exam (MBE) topics and all Multistate Essay Exam (MEE) topics and is also easily adaptable for state-specific jurisdictions. Clearing the Last Hurdle focuses on guiding a law student in understanding the tasks involved in bar preparation; giving the student specific suggestions on how to study; and providing sufficient practice questions to improve the student's skills in answering MBE, essay, and performance test questions. In addition, it emphasizes using mind maps, which allow a student to make the necessary associations between concepts for better memory retention and recall, to order thinking about each topic. The book includes practice questions in all three formats--multiple choice, essay, and performance tests--with score sheets to more specifically guide students in how to review their practice answers. The teacher's manual includes student sample answers with score sheets to assist professors in understanding how to assess a bar exam essay.
New to the Fourth Edition:
- All-new essay questions (with score sheets)
- New MBE questions included
- Updated subject matter summaries
Irma S. Russell
Sustainability Essentials: A Leadership Guide for Lawyers is for you if you went to law school—or are going to law school or considering law school—to help move society and the law profession in a more environmentally, socially, and economically sustainable direction, to protect life on the planet, and to make life better for present and future generations. It is also for you if you did not have this goal in law school, but you now want to incorporate sustainable development in your practice.
Sustainable development is a relatively new legal perspective, one that demands practice, patience, persistence, and great attention to what clients actually want and need. Best practices for sustainable development in law practice are a work in progress, and leadership matters. This Guide aims to help you on your journey, and to help you succeed in making your goals a reality.
Robert L. Hayman, Nancy Levit, Richard Delgado, Stanley Fish, Alice Eakin, and Jean Stefancic
This text presents a comprehensive view of jurisprudential legal theory, providing essential perspectives on its history and on the modern legal landscape, allowing for a deeper understanding of society and our system of laws. The text surveys the full range of important jurisprudential perspectives, from natural law and legal positivism, through legal realism, to law and economics, critical legal studies, feminist legal theory, critical race theory, gay legal theory, pragmatism, postmodernism, and more. The authors have also included accessible, thought-provoking introductions for each chapter, as well as carefully curated readings and cases, with updated and amplified notes, questions, problems, and bibliographies.
Wanda M. Temm and Julie M. Cheslik
Missouri Legal Research is the first text to focus exclusively on research in Missouri legal resources. As such, it will be invaluable to Missouri law students and practitioners who need to learn how to do Missouri legal research. While many features focus on learning research, the book is organized as such to be a reference book on Missouri legal research and thus useful to those already knowledgeable about research. This book is the first to detail Missouri administrative law and legislative history research. Its thorough explanation of citation will be particularly useful to the new law student, paralegal, or administrative assistant in a law office.
Written by authors with decades of experience teaching first year law students legal research skills, Missouri Legal Research focuses on the sources of law (statutes, cases, rules and regulations, etc.) and exposes the reader to those sources in both free access and fee-based online databases like Westlaw Edge and Lexis+ and in a print medium. This book provides guidelines for how to make judgments about which medium to access and when to access it.
Missouri Legal Research was designed for teaching legal research to first-year law students, paralegals, and undergraduate students researching Missouri law. Missouri practitioners and others who need to be familiar with Missouri resources will also want this book in their library. Complex ideas and research processes are presented in a straight-forward manner. Outlines of the research process and short excerpts from Missouri and federal resources make the book easy to use.
Del C. Wright Jr.
In a concise and easily digestible format, this book gives students, entrepreneurs, lawyers, policymakers, and anyone curious about blockchain and crypto, an introduction to what has become the most valuable innovation of the 21st century. It also offers a handy field guide to blockchain technologies and crypto, so readers can better understand their functions, as well as the market and regulatory challenges they face.
Among the topics covered are:
- tasks blockchains perform better than existing systems;
- practical, technological, and regulatory issues that must be overcome before widespread adoption;
- how crypto became a $250 billion asset class in just ten years; and
- the legal and regulatory treatment of blockchain technologies and crypto.
Paul D. Callister
For upper-level law students, law clerks, and attorneys, Field Guide to Legal Research is not another exhaustive treatise but a concise, working person’s guide to solving complex legal research problems. Much like a field guide, this book classifies problem types and matches them with appropriate legal research resources. It emphasizes “working the problem,” “problem typing,” and then application of problem types to the appropriate resources. Problems and exercises illustrate the application of constructs and techniques to particular situations. Coverage is much broader than in first-year legal research classes. The book includes problems based on government agencies, statistics, and even patent law. There are numerous “screen shots” and images to facilitate the learning process. A teacher’s manual, with additional material and insights, is available for instructors who wish to use this book in their courses.
Andrew J. McClurg, Christine Nero Coughlin, and Nancy Levit
Choosing a legal career that fits a student’s personality, skillset, and aspirations is the most important and difficult decision a law student faces, yet only a small number of law schools incorporate career-planning into their curriculums. Law Jobs: The Complete Guide seeks to fill the gap. Written by three award-winning professors, Law Jobs is a comprehensive, reader-friendly guide to every type of legal career. Packed with authoritative research and featuring comments from more than 150 lawyers who do the jobs, Law Jobs offers in-depth exploration of each career option, including general background, pros and cons, day in the life descriptions, job availability, compensation, prospects for advancement, diversity, and how students can best position themselves for opportunities in the field. Covered jobs include:
- Large and Medium-Sized Law Firms
- Small Firms and Solo Practitioners
- In-House and Other Corporate Counsel
- Government Agency Lawyers
- Non-Governmental Public Interest Law
- Prosecutors and Public Defenders
- Private Criminal Defense
- JD Advantage Jobs
- Contract (Freelance) Lawyering
- Judges, Mediators, and Arbitrators
- Judicial Law Clerks
- Legal Academic Jobs
Other chapters address lawyer happiness, the rapidly changing face of the legal profession due to technology and other forces, the division between litigation and transactional law, and the top-50 legal specialty areas.
Together, the authors have received more than thirty awards for teaching and research, and have written extensively about law students and lawyers in books such as 1L of a Ride (McClurg), A Lawyer Writes (Coughlin), and The Happy Lawyer (Levit).
Lumen N. Mulligan
The second edition of this one-volume text presents a clear and concise overview of one of the most challenging topics covered in a standard 1L civil procedure course: subject matter jurisdiction of federal courts. Whether you are grappling with the Court’s recent Spokeo opinion or the classic Osborn decision, you’ll find this book engaging. Written by an award-winning classroom professor, this updated Nutshell makes extensive use of diagrams and flowcharts, while using scores of examples and hypotheticals, to illustrate key concepts. The book is targeted especially to students studying civil procedure, but it will also be of value for students in other courses covering topics such as federal courts, complex litigation, and civil rights. In addition, this volume will provide practitioners with a quick, clear refresher on the basics of federal civil jurisdiction.
Allen Rostron and Nancy Levit
Beyond One L: Stories About Finding Meaning and Making a Difference in Law is inspired by Scott Turow’s One L, the classic account of a first year law student’s experience at Harvard Law School. With an introduction by Turow, Beyond One L explores first, second, and third year experiences in the decades since One L was published. It then moves beyond law school to tell the stories of taking the bar, searching for judicial clerkships, practicing law, and leaving law practice to become a teacher or judge. Story authors include lawyer Gerry Spence; Above the Law editor David Lat; professors Ian Ayres, Stephen Carter, Deborah Waire Post, and Adrienne Wing; and judges Marilyn Skoglund, Donn Kessler, and Michael Zimmerman. The stories are about the moments in life that were game-changers—ones that changed the course of the authors’ careers or brought them extraordinary meaning.
Carwina Weng, Danielle R. Cover, Margaret E. Reuter, and Chris Roberts
This workbook enables faculty to design experiential courses for law students, using the process commonly known as backward design. The workbook walks the user step-by-step from goal to course outcomes to teaching activities, and it provides user-friendly worksheets to guide the design. The authors also provide the design maps for their own courses, with process notes, to illustrate the Experiential Learning Design process in action. The workbook helps faculty to situate their courses within a broader law school or experiential curriculum and to connect their courses as appropriate with their schools' and the ABA's JD program outcomes.
Whether your focus is social justice lawyering, skills, ethics, and/or substantive knowledge, this book will guide you in designing a course that turns your teaching goals into learning outcomes. This book provides a model for creating an effective, intentionally designed instructional path for your experiential learning course, including helping you to identify the intellectual home for your course, learning goals, final assessment, evaluation rubric, and learning outcomes.
Irma S. Russell and Vicki J. Wright
Sometimes the practice of environmental law seems to involve an endless stream of ethical problems, and there is added importance to these issues because there is real potential for public safety concerns in these cases. This book provides a broad focus for the practitioner, addressing the diverse and important issues of legal ethics that can arise in the context of environmental law.
Lumen N. Mulligan and Chesli Hayden
Lawyer's Guide to Kansas Evidence covers the Kansas Rules of Evidence, plus objections and evidentiary foundations. Rule by rule, it compares the Kansas and Federal Rules of Evidence in a user-friendly format, so you can confidently follow the correct procedure in making and meeting trial objections.
The text emphasizes the burden of proof required in the introduction of evidence and includes techniques for:
- Making a proffer
- Introducing physical and demonstrative evidence
- Examining witnesses
The Best Way to Rob a Bank is to Own One: How Corporate Executives and Politicians Looted the S&L Industry
William K. Black
In this expert insider’s account of the savings and loan debacle of the 1980s, William Black lays bare the strategies that corrupt CEOs and CFOs—in collusion with those who have regulatory oversight of their industries—use to defraud companies for their personal gain. Recounting the investigations he conducted as Director of Litigation for the Federal Home Loan Bank Board, Black fully reveals how Charles Keating and hundreds of other S&L owners took advantage of a weak regulatory environment to perpetrate accounting fraud on a massive scale. In the new afterword, he also authoritatively links the S&L crash to the business failures of 2008 and beyond, showing how CEOs then and now are using the same tactics to defeat regulatory restraints and commit the same types of destructive fraud.
Black uses the latest advances in criminology and economics to develop a theory of why “control fraud”—looting a company for personal profit—tends to occur in waves that make financial markets deeply inefficient. He also explains how to prevent such waves. Throughout the book, Black drives home the larger point that control fraud is a major, ongoing threat in business that requires active, independent regulators to contain it. His book is a wake-up call for everyone who believes that market forces alone will keep companies and their owners honest.
How To Be Your Own Lawyer… Without Being a Fool: A Practical Guide for The Entrepreneur Who Wants to Save Time and Money Through Informed Self-Help, Preparation, and the Efficient Use of Legal Counsel
Thomas C. Brown and Anthony J. Luppino
The authors of this book have close to 75 years of experience advising business clients from new entrepreneurs to mature enterprises. During this time, they have seen countless examples of seemingly intelligent entrepreneurs trying to "save" time and money by acting as their own attorneys in negotiating business transactions. Unfortunately, the advent of the internet has made it much easier for "fools" to get into trouble by providing seemingly infinite numbers of downloadable contracts and forms. Most of the time, the unwary entrepreneur exposes himself or herself to great risk by using such documents without qualified legal counsel. Occasionally, however, the opposite can be true and downloaded documents from the internet can trigger a request for assistance from legal counsel, which most often leads to a successful outcome. The authors decided to write this book with two principal audiences in mind. First, although they recommend that you always consult an attorney, they wanted to offer to those entrepreneurs who choose not to heed this advice, certain pointers on how best to utilize several of the most common legal forms and documents they may try to download from one of the so-called "legal" websites or obtain from other sources. Second, through discussion of various issues and the use of examples provided in the book, they want to re-iterate and re-enforce the notion that trying to be your own lawyer is ill-advised, and thus speak to a second, and hopefully much larger audience- entrepreneurs who will realize they need to hire lawyers, but want to use them efficiently.
Robert E. Litan, Korein Tillery LLC, and Anthony J. Luppino
The symbiosis that exists between entrepreneurship and law is of paramount importance in accommodating and advancing the freedom to innovate, as well as the need to prevent unfair and abusive activities. Seminal articles and essays reprinted in this collection examine several major subject areas of law associated with entrepreneurship, including intellectual property, restrictive covenants designed to protect proprietary information, business organizations, taxation, securities regulation and tort law. This collection presents issues implicated in both for-profit growth ventures and creative social enterprises. It also explores the roles of lawyers and trends in the education of law students to become professionals in fields ranging from valuable counselors to entrepreneurs.
Spencer A. Gard, Robert C. Casad, and Lumen N. Mulligan
Kansas Code of Civil Procedure, Annotated offers authoritative and practical guidance on the application of rules at all phases of Kansas litigation. A reference for civil litigators and trial judges, this work includes:
• The text of the Code of Civil Procedure
• Detailed author commentary and analysis
• Variations from the federal rules
• Notes of decisions
• Citations to Kansas and federal cases, related law review publications, and library references, including pertinent Key Numbers for each civil rule
• Advisory Committee notes
• Notes of Kansas Jurors and detailed practice aids
• References to legal products and components of LCP's Integrated Legal Research System
Irma S. Russell and Barbara K. Bucholtz
Mastering Contract Law explores the basic principles and purposes of contract law, including a discussion of background principles and traditions of private ordering. The book explains contract formation, interpretation, and the requirement of written evidence for enforcement of certain types of promises. It explores the themes and doctrines of reliance, restitution, and the importance of public policy in contract law. Chapters include all of the areas of contract law typically covered in the first-year course, including the bargained-for exchange, unenforceable contracts, performance and breach, obstacles to performance, modification, pre-contractual obligation, remedies and damages, and stakeholders other than contracting parties, including the third-party beneficiary doctrine, delegation and assignment.
The organization of the book reflects the five sequential questions that frame the thought processes of lawyers and judges dealing with contracts issues. For example, before considering whether a party’s conduct amounts to a breach, a judge would answer the question whether the parties had indeed formed a contract. In addition to explaining the major cases traditionally covered in contracts classes, the authors present common-sense examples and hypotheticals in order to link student intuitions about fairness and competition to the law of contracting.
The Changing Role of Academic Law Librarianship: Leading Librarians on Teaching Legal Research Skills, Responding to Emerging Technologies, and Adapting to Changing Trends
Phillip C. Berwick, Paul D. Callister, Roy M. Mersky, Carol A. Parker, Joan Shear, Christopher L. Steadham, Nancy L. Strohmeyer, Olivia Leigh Weeks, and Michelle M. Wu
The Changing Role of Academic Law Librarianship contains the thoughts of leading librarians on teaching legal research skills, responding to emerging technologies, and adapting to changing trends. It provides perspective on key strategies for understanding and navigating trends in law librarianship. This book offers tips on addressing some of the challenges inherent in a changing landscape, such as improving interlibrary loan services, cultivating modern pedagogy, and evaluating titles and volume counts. Coverage includes:
• Simulating student legal research skills
• Digitizing rare materials in collections, marketing, and communicating services
• Maximizing the librarian's managerial role
• Monitoring budgets
• Allocating resources
• Harnessing new technologies
• Enhancing research education
Irma S. Russell
The purpose of this book is to identify and explore questions of legal ethics that environmental lawyers may encounter in representing industrial clients, government agencies, individuals, public interest groups, and others. One might ask why a book on ethics in the environmental area is necessary. After all, the rules of ethics apply to all lawyers regardless of their area of practice. This book examines the evolving responsibilities and problems of lawyers practicing environmental law, addressing fundamental principles of ethics to apply these rules to the difficult context of environmental practice. Thus, the book focuses primarily on those rules of ethics that raise significant concerns for the environmental practitioner. Additionally, the commentary presented here seeks to provide sufficient background on the ethics rules to facilitate meaningful analysis of the ethical issues arising in the environmental context.
Consistently, through many centuries, the right to remain silent has protected individuals against abuses of state authority and has established a sphere of privacy into which the state could not intrude. Traditionally, a broad view has been taken by the supreme court of the degree of incrimination necessary to justify invocation of the fifth amendment. Included have been complete confessions of guilt and admissions of the essential elements of crime. Also covered are relations constituting a 'link in the chain of testimony' leading toward a conviction. Similarly, testimony that could be used to 'search out other testimony to be used in evidence' is covered by the privilege. The practical effect of the incrimination standard is to make rejection of a claim of privilege difficult, thereby frustrating the state's ability to acquire information. In recent years, however, with the exception of the core fifth amendment right of the defendant to refuse to take the witness stand at his/her own trial, privilege interests are narrowly construed and substantially undercut even where recognized. To reverse the trend toward the constriction of the privilege against self-incrimination, a thorough re-evaluation of the entire body of fifth amendment doctrine is necessary. This re-evaluation should examine protection of the sanctity of documents, consider procedural reform in the administration of the privilege against self-incrimination, and examine a total revamping of the court's approach to balancing the state's interests in the application of the fifth amendment. Notes, a bibliography, a table of cases, and an index are provided.
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