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| civil procedure doctrine practice and context: Civil Procedure Stephen N. Subrin, Martha L. Minow, Mark S. Brodin, Thomas O. Main, Alexandra D. Lahav, 2024-02-01 Written by respected scholars and experienced educators, this book showcases rules and doctrine of civil procedure at work in the practice of law. The book focuses on civil rights both to engage student’s by focusing on issues they care out and to illustrate the impact of procedure on real people’s experience with the legal system. The cases are framed in their historical and social context. Each chapter contains a well-written introduction, cases, and clear explanations of the doctrine, supported by readings highlighting the context of the case as well as review questions and comments which deepen students’ understanding and clarify key concepts, and offers more than forty well-crafted problems (both for class use and review), to help students solidify their understanding of the materials whether used in class or as out-of-class assignments. In-class exercises and simulations based on a sample case file are integrated throughout. Pleadings, memoranda, transcripts, exhibits, motions, and more – all taken from a real case – appear in the Appendix. Civil Procedure: Doctrine, Practice, and Context consistently emphasizes the skills and values of lawyering as it offers a consideration of social responsibility. New to the 7th Edition: The inclusion of more examples and problem sets to make the materials more accessible and the concepts more concrete The addition of more practice exercises, with a focus on one set of Case Files throughout the book, rather than the two that were used in prior editions With the removal of Warner v. City of New York case files (because most professors did not have time to use the Warner case files into their courses), issues that are unique to public law litigation are woven throughout the book with practice problems, examples, comments, and questions. This revision will make it easier for professors to incorporate these issues into the course. Professors and students will benefit from: Practice exercises allow students to learn by doing – integrating doctrine, practice, and context. These exercises can be covered in class or, instead, recommended as content for study groups. Topics that are especially hard to teach (like discovery) and those that require a lot of time to teach have been rewritten to respond to adopters’ requests. A case file involving a car accident that is both accessible to first year students and provides good teaching tools for procedure professors to show how a case is litigated from complaint through trial. Because the case file involves a relatively simple state court case, it provides an opportunity to compare state and federal procedural regimes. Review questions focus on student comprehension; broader critical questions are separated out in “questions to ponder” sections. Questions are answered in the teacher’s manual. Background material has been integrated to promote critical thinking and engage students with the latest debates over civil procedure. New practice problems promote engagement with cutting edge issues like Multidistrict Litigation. The authors are developing an online community for adopters – in addition to the teacher’s manual -- to help better facilitate the learning and teaching process for this book. |
| civil procedure doctrine practice and context: Civil Procedure Stephen Subrin, 2004 |
| civil procedure doctrine practice and context: Civil Procedure Stephen Subrin, Martha Minow, 2012 The fourth edition, written by respected scholars and experienced educators, includes both classic and new materials. The book presents traditional topics in historical and empirical context, and it adds new and provocative materials as well as relevant theoretical and background readings. The procedural and nonprocedural aspects of the cases are thought-provoking, to hold students' interest. Each chapter contains a well-written introduction, cases, and clear explanations of the doctrine, supported by comments and questions which deepen students' understanding and clarify key concepts. The book includes more than forty well-crafted problems (both for class use and review) to help students solidify their understanding of the materials either in class or as out-of-class assignments. In-class exercises and simulations based on two sample case files are integrated throughout. Pleadings, memoranda, transcripts, exhibits, motions, and more--all taken from real cases--appear in the Appendix. Civil Procedure: Doctrine, Practice, and Context consistently emphasizes the skills and values of lawyering as it offers a consideration of social responsibility. At approximately 1,300 pages, it is designed for civil procedure courses of any length. The Fourth Edition has been updated throughout. Features: Distinguished authorship, respected and experienced educator-scholars Exceptionally varied, provocative materials provide both historical and empirical context Well-written, well-positioned introductions and explanations Effective and supportive comments and questions More than 40 thoughtful practice exercises Practice exam questions challenging but not intimidating Two sample case files integrated throughout transcripts, memoranda, exhibits, motions, and more in the Appendix Consistently emphasizes lawyering skills and values as well as social responsibility Designed for civil procedure courses of any length Thoroughly updated, the revised Fourth Edition presents: new material throughout the text |
| civil procedure doctrine practice and context: Civil Procedure Stephen N. Subrin, Martha Minow, Mark S. Brodin, Thomas O. Main, Alexandra D. Lahav, 2024 Casebook intended for use in a first-year civil procedure course-- |
| civil procedure doctrine practice and context: Civil Procedure Stephen N. Subrin, Martha L. Minow, Mark S. Brodin, Thomas O. Main, Alexandra D. Lahav, 2020-02-02 Written by respected scholars and experienced educators, this book showcases rules and doctrine of civil procedure at work in the actual practice of law. The procedural and nonprocedural aspects of the cases are framed to hold students’ interest: doctrines reflect the choices of policymakers and also present strategic options for litigators. Each chapter contains a well-written introduction, cases, and clear explanations of the doctrine, supported by review questions and comments which deepen students’ understanding and clarify key concepts. Offering more than forty well-crafted problems (both for class use and review), these practice exercises and review exercises help students solidify their understanding of the materials whether used in class or as out-of-class assignments. In-class exercises and simulations based on two sample case files are integrated throughout. Pleadings, memoranda, transcripts, exhibits, motions, and more – all taken from real cases – appear in the Appendix. Civil Procedure: Doctrine, Practice, and Context consistently emphasizes the skills and values of lawyering as it offers a consideration of social responsibility. New to the Sixth Edition: A new, more digestible format Updated cases and all new chapters on Discovery and ADR Revised review questions to enhance student learning Updated historical narratives and questions to ponder that promote critical thinking Professors and students will benefit from: Practice exercises that allow students to learn by doing – integrating doctrine, practice, and context. These exercises can be covered in class or, instead, recommended as content for study groups. Rewritten sections on topics that are especially hard to teach (like discovery) and those that require a lot of time to teach in response to adopters’ requests. The case files – one involving New York City Police Department’s stop-and-frisk policy, the other a car accident – continue to be accessible and provide good teaching tools for procedure professors. Review questions that have been revised to focus on student comprehension, while broader critical questions have been separated out in “questions to ponder” sections. More background material integrated into the text to promote critical thinking and engage students with the latest debates over civil procedure. New practice problems promote engagement with cutting edge issues like Multidistrict Litigation. Authors that are continuously developing new teaching materials for those who use the book |
| civil procedure doctrine practice and context: Civil Procedure , 2008 Written by respected scholars and experienced educators, this book showcases rules and doctrine of civil procedure at work in actual practice of law. The procedural and nonprocedural aspects of the cases are thought-provoking, to hold students' interest. Each chapter contains a well-written introduction, cases, and clear explanations of the doctrine, supported by comments and questions which deepen students' understanding and clarify key concepts. This book also includes more than forty well-crafted problems the can be used in or out of class to to help students solidify their understanding of the materials. In-class exercises and simulations based on two sample case files are integrated throughout. Pleadings, memoranda, transcripts, exhibits, motions, and more -- all taken from real cases -- appear in the Appendix. Features: All cases and notes have been updated so that the book is current through the early part of 2016 Authors have added several practice exercises to the text that give students more experiential learning opportunities Two sample case files with transcripts, memoranda, exhibits, motions integrated throughout book Emphasis on lawyering skills and values and social responsibility |
| civil procedure doctrine practice and context: Civil Procedure for All States Benjamin V. Madison, 2010 Civil Procedure for All States is unique in scope. No other casebook or textbook has sought to take the procedural doctrines that arise in the stages of a civil action and address them for each state. Each chapter describes the majority approach to a procedural doctrine, the significant minority approach, and those states that are peculiar in their approach. By taking this comprehensive approach, the book has been able to identify the common decision-making steps that a lawyer must take in handling any case, in any state. Thus, the book has the student-as-associate thinking through the questions that a seasoned litigator would consider at each stage. The student then applies the law of that student''s jurisdiction to the problems that arise at each stage of a case. After resolving questions that sharpen the student''s ability to deal with a given procedural issue, each chapter incorporates numerous questions that force the student to wrestle with matters of professionalism and ethics. This book is designed to follow the new Context and Practice Series. Books in the series will feature elements that recent studies of legal pedagogy (Best Practices in Legal Education and the Carnegie Foundation''s Educating Lawyers) recommend as essential to improving law school teaching. First, the books will emphasize heavily the practical application of the legal doctrines addressed in each book. Students will be placed in the roles of practitioners handling simulated cases. They will apply the legal doctrines that they learn in the book in exercises that require them to perform tasks that lawyers actually perform. As the studies mentioned above underscore, teaching in this manner will serve more than one purpose. It will not only better prepare students for practice. It will show students the significance of the material they are learning by demonstrating the reality that they will be using these doctrines. Second, the C & P Series will also accomplish another primary goal of the Best Practices and Educating Lawyers studies. That goal is to engage students in professional identity formation so that, when they begin practicing, they will have a better idea of the kind of lawyers they want to be. This book is part of the Context and Practice Series, edited by Michael Hunter Schwartz, Professor of Law and Dean of the McGeorge School of Law, University of the Pacific. In April 2012, the Institute for the Advancement of the American Legal System recognized Professor Madison as an Educating Tomorrow''s Lawyers fellow and his course as one that advances reform in legal education. Professor Ben Madison is a rising teacher and scholar of Civil Procedure. His sophisticated and thorough casebook, Civil Procedure for All States, contains subjects students need to know but may not learn elsewhere like the in-depth examinations of the statute of limitations, disability and capacity to sue. Carefully crafted problems develop a student''s thought process to develop actual solutions. One important theme and new direction is an ethical dimension named professional-identity focus. This lucidly written and well designed casebook will introduce law students to both professionalism and procedure. -- Doug Rendleman, Washington and Lee University School of Law I knew I would be practicing in Ohio. When I saw Professor Madison had a casebook designed to teach procedure applicable to the state in which one intended to practice, I wondered how that could be done. Having now completed the course, I can say without qualification that this course did more to help me get ready to practice law than any other. First, the book tied together a great deal of what I had learned in law school, but had not connected. The method of introducing a Master Case (a complex civil case) and going through the decision-making and steps, in the order a lawyer would do it, is what helped me see the big picture. Second, the book offers not only traditional cases, but many practice problems which helped me to learn to apply the doctrines of Ohio procedure to a set of facts. The end of each chapter then reinforced the topics by including an assignment that a lawyer would actually perform--e.g., drafting a complaint, developing a discovery plan. Third, the book had something that I have never seen in courses other than Professional Responsibility. Every chapter wove in several questions that brought home to me the challenging ethical questions I will face in practice. I now have a much better sense of what limits I will set, and the professional identity to which I will aspire. In short, I received a lot more out of this course than I had ever expected. -- Robert Rice, 2010 graduate, Regent University Law School, on taking the Ohio Bar Exam |
| civil procedure doctrine practice and context: Civil Procedure Casenotes Publishing Co., Inc. Staff, Casenote Legal Briefs, Casenotes, 2008-12-12 After your casebook, Casenote Legal Briefs will be your most important reference source for the entire semester. It is the most popular legal briefs series available, with over 140 titles, and is relied on by thousands of students for its expert case summaries, comprehensive analysis of concurrences and dissents, as well as of the majority opinion in the briefs. Casenote Legal Briefs Features: Keyed to specific casebooks by title/author Most current briefs available Redesigned for greater student accessibility Sample brief with element descriptions called out Redesigned chapter opener provides rule of law and page number for each brief Quick Course Outline chart included with major titles Revised glossary in dictionary format |
| civil procedure doctrine practice and context: Federal Rules of Civil Procedure Stephen N. Subrin, Martha L. Minow, Mark S. Brodin, Thomas O. Main, Alexandra D. Lahav, 2022-08-18 An ideal accompaniment to any civil procedure casebook, including the authors’ own Civil Procedure: Doctrine, Practice, and Context, Fifth Edition, the 2022–2023 statutory supplement presents the current Federal Rules of Civil Procedure (FRCP). Useful cross-references to Advisory Committee Notes, Restatement sections, and Transnational Rules have been integrated into the FRCP to help students explore the larger context of each Rule. Complete features include: • The current Federal Rules of Civil Procedure • The U.S. Constitution and U.S. Code provisions current through June 1, 2022 • Excerpts from the Restatement (Second) of Judgments • Excerpts from the American Law Institute/UNIDROIT Rules of Transnational Civil Procedure • Examples of state long-arm and venue statutes • Recent Supreme Court Case Law |
| civil procedure doctrine practice and context: Litigating in America Stephen Subrin, Margaret Y. K. Woo, 2006-01-01 Designed to introduce American civil litigation and process to a wide audience: foreign LL.M. students, beginning American law students, undergraduates interested in law, and foreign lawyers, judges, and law professors. This succinct new paperback Litigating in America: Civil Procedure in Context explains the institutional bases and legal meaning of our procedural system, and captures American civil process at a time of change. It presents American civil procedure from several vantage points: the procedural doctrine that has evolved over time; the practical implications of that doctrine; the social context in which the doctrine grew, is used and abused; and the global context of how other systems may have made different choices. It is an excellent supplement to any casebook. |
| civil procedure doctrine practice and context: Civil Procedure William Hubbard, 2021-05-26 CasebookPlus Hardbound - New, hardbound print book includes lifetime digital access to an eBook, with the ability to highlight and take notes, and 12-month access to a digital Learning Library that includes self-assessment quizzes tied to this book, leading study aids, an outline starter, and Gilbert Law Dictionary. |
| civil procedure doctrine practice and context: Model Rules of Professional Conduct American Bar Association. House of Delegates, Center for Professional Responsibility (American Bar Association), 2007 The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts. |
| civil procedure doctrine practice and context: Civil Procedure A. Benjamin Spencer, 2015 The Revised 4th Edition of Civil Procedure: A Contemporary Approach is updated with references to the 2015 amendments to the Federal Rules of Civil Procedure, as well as case law developments since the 2014 publication date of the Fourth Edition. Major recent case law developments included in this revised edition consist of decisions from the Supreme Court addressing personal jurisdiction (Goodyear Dunlop Tires Operations, S.A. v. Brown, 131 S. Ct. 2846 (2011), J. McIntyre Machinery, Ltd. v. Nicastro, 131 S. Ct. 2780 (2011), and Daimler AG v. Bauman, 134 S. Ct. 746 (2014)), federal question jurisdiction (Gunn v. Minton, 133 S. Ct. 1059 (2013)), removal of class actions (Standard Fire Ins. Co. v. Knowles, 133 S. Ct. 1345 (2013)), change of venue and forum-selection clauses (Atl. Marine Constr. Co., Inc. v. U.S. Dist. Court for W. Dist. of Texas, 134 S. Ct. 568 (2013) [now a principal case]), class certification (Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011), Comcast Corp. v. Behrend, 133 S. Ct. 1426 (2013), Amgen Inc. v. Conn. Ret. Plans & Trust Funds, 133 S. Ct. 1184 (2013)), class arbitration waivers (AT&T Mobility LLC v. Concepcion, 131 S. Ct. 1740 (2011) and American Express Co. v. Italian Colors Restaurant, 133 S. Ct. 2304 (2013)), and offers of judgment (Genesis HealthCare Corp. v. Symczyk, 133 S. Ct. 1523 (2013)). Regarding the 2015 amendments to the Federal Rules of Civil Procedure, this revised edition makes reference to them in the text where appropriate. The changes include the Duke Rules package, which alters Rules 1, 4, 16, 26, 30, 31, 33 and 34 to make proportionality a main component of the scope of discovery, to eliminate access to subject matter discovery, require early discussions regarding preservation and privilege protection, permit early document requests, and shorten the time permitted to issue scheduling orders and to achieve service of process. The amendment to Rule 37 codifies an approach to preservation and spoliation that favors curative measures unless there is intentional spoliation, in which case more severe sanctions such as adverse inference instructions or dismissal become available. This edition also fully incorporates recent amendments to the Federal Rules of Civil Procedure and to Title 28 of the U.S. Code, including the Federal Courts Jurisdiction and Venue Clarification Act of 2011 and the 2013 amendment to Rule 45 (subpoenas). Finally, the Revised Fourth Edition integrates references to online assessment tools in the Casebook Plus platform. These consist of a bank of 200 multiple-choice questions that provide comprehensive assessment of the topics covered in this book, with detailed feedback consisting of explanations for both correct and incorrect responses. This feature provides an unparalleled opportunity to engage with the material actively as the course progresses and permits students and professors to determine the extent to which the material is being learned. |
| civil procedure doctrine practice and context: Handbook of Research in Second Language Teaching and Learning Eli Hinkel, 2005-03-23 This landmark volume provides a broad-based, state-of-the-art overview of current knowledge and research into second language teaching and learning. Fifty-seven chapters are organized in eight thematic sections: *social contexts of second language learning; *research methodologies in second-language learning, acquisition, and teaching; *contributions of applied linguistics to the teaching and learning of second language skills; *second language processes and development; *teaching methods and curricula; *issues in second or foreign language testing and assessment; *identity, culture, and critical pedagogy in second language teaching and learning; and *important considerations in language planning and policies. The Handbook of Research in Second Language Teaching and Learning is intended for researchers, practitioners, graduate students, and faculty in teacher education and applied linguistics programs; teachers; teacher trainers; teacher trainees; curriculum and material developers; and all other professionals in the field of second language teaching and learning. |
| civil procedure doctrine practice and context: A Short & Happy Guide to Civil Procedure Richard D. Freer, 2019 This book unlocks civil procedure by explaining doctrine and rules and placing them in context - showing what each doctrine is doing and how each doctrine relates to the others. It includes a chapter on how law school differs from college and what that means for class- and exam-preparation. It provides concrete analytical frameworks for resolving exam questions. And throughout, scores of examples allow you to apply the law to fact patterns.-- |
| civil procedure doctrine practice and context: Business Organizations Lisa M. Fairfax, 2019-09-09 Business Organizations: An Integrated Approach (Doctrine and Practice Series) covers traditional corporate law doctrine and cases and thus will be familiar to corporate law professors, but also uses a variety of techniques to ensure that students are able to understand and learn complex topics in a sophisticated but accessible manner. These techniques include: outlining core concepts at the beginning of each chapter reinforcing core ideas at the conclusion of each chapter presenting short questions before and after the cases to focus on key issues using different visuals for text books and statutes using problems that contain familiar and relatable factual scenarios throughout the book providing quick self-assessments and online multiple choice assessments highlighting key business concepts the first time they appear in cases to put those concepts in context Business Organizations: An Integrated Approach also provides students with opportunities throughout the book to see how the law works in practice, through short drafting exercises and statutory analysis. Business Organizations: An Integrated Approach also seeks to integrate issues related to social responsibility, sustainability, corporate purpose, and shareholder rights throughout the book. It does so by discussing these themes at the outset and then using problems, questions and text boxes to demonstrate the ways in which these themes arise, and may have an impact on, in different cases and business law contexts. |
| civil procedure doctrine practice and context: Contracts Michael Hunter Schwartz, Adrian Walters, 2015 The second edition retains the style, format, and teaching and learning goals of the first edition, but some cases have been replaced or re-edited, and many of the textual materials, problems, exercises, and case questions have been revised, supplemented, or updated. This book is part of the Context and Practice Series, edited by Michael Hunter Schwartz, Professor of Law and Dean of the McGeorge School of Law, University of the Pacific. PowerPoint slides are available to professors upon adoption of this book. Download sample slides from the full 457-slide presentation here. If you have adopted the book for a course, contact Beth at bhall@cap-press.com to request the PowerPoint slides. |
| civil procedure doctrine practice and context: Contracts Randy E. Barnett, Nathan B. Oman, 2021-01-31 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. |
| civil procedure doctrine practice and context: Civil Engineering Body of Knowledge for the 21st Century American Society of Civil Engineers. Body of Knowledge Committee, 2008 This report focuses on outcomes of proposed changes in the way civil engineering is taught and learned, including the knowledge, skills, and attitudes necessary for entry into professional practice. |
| civil procedure doctrine practice and context: Doctrine, Practice, and Advocacy in the Inter-American Human Rights System James Cavallaro, Claret Vargas, Clara Sandoval Villalba, Bernard Duhaime, Caroline Bettinger-López, Stephanie Erin Brewer, Diana Esther Guzmán, Cecilia Cristina Naddeo, 2019 This book allows readers to develop a critical understanding of the inter-American human rights system, as well as the dynamics of rights abuse and state response to violations in the Americas. The inter-American human rights system consists of two bodies, the Inter-American Commission and the Inter-American Court of Human Rights. The system has been and continues to be essential for the defense and protection of human rights in the Western hemisphere. |
| civil procedure doctrine practice and context: In Praise of Litigation Alexandra Lahav, 2017-01-02 While the right to have one's day in court is a cherished feature of the American democratic system, alarms that the United States is hopelessly litigious and awash in frivolous claims have become so commonplace that they are now a fixture in the popular imagination. According to this view, litigation wastes precious resources, stifles innovation and productivity, and corrodes our social fabric and the national character. Calls for reform have sought, often successfully, to limit people's access to the court system, most often by imposing technical barriers to bringing suit. Alexandra Lahav's In Praise of Litigation provides a much needed corrective to this flawed perspective, reminding us of the irreplaceable role of litigation in a well-functioning democracy and debunking many of the myths that cloud our understanding of this role. For example, the vast majority of lawsuits in the United States are based on contract claims, the median value of lawsuits is on a downward trend, and, on a per capita basis, many fewer lawsuits are filed today than were filed in the 19th century. Exploring cases involving freedom of speech, foodborne illness, defective cars, business competition, and more, the book shows that despite its inevitable limitations, litigation empowers citizens to challenge the most powerful public and private interests and hold them accountable for their actions. Lawsuits change behavior, provide information to consumers and citizens, promote deliberation, and express society's views on equality and its most treasured values. In Praise of Litigation shows how our court system protects our liberties and enables civil society to flourish, and serves as a powerful reminder of why we need to protect people's ability to use it. The tort reform movement has had some real successes in limiting what can reach the courts, but there have been victims too. As Alexandra Lahav shows, it has become increasingly difficult for ordinary people to enforce their rights. In the grand scale of lawsuits, actually crazy or bogus lawsuits constitute a tiny minority; in fact, most anecdotes turn out to be misrepresentations of what actually happened. In In Praise of Litigation, Lahav argues that critics are blinded to the many benefits of lawsuits. The majority of lawsuits promote equality before the law, transparency, and accountability. Our ability to go to court is a sign of our strength as a society and enables us to both participate in and reinforce the rule of law. In addition, joining lawsuits gives citizens direct access to governmental officials-judges-who can hear their arguments about issues central to our democracy, including the proper extent of police power and the ability of all people to vote. It is at least arguable that lawsuits have helped spur major social changes in arenas like race relations and marriage rights, as well as made products safer and forced wrongdoers to answer for their conduct. In this defense, Lahav does not ignore the obvious drawbacks to litigiousness. It is expensive, stressful, and time consuming. Certainly, sensible reforms could make the system better. However, many of the proposals that have been adopted and are currently on the table seek only to solve problems that do not exist or to make it harder for citizens to defend their rights and to enforce the law. This is not the answer. In Praise of Litigation offers a level-headed and law-based assessment of the state of litigation in America as well as a number of practical steps that can be taken to ensure citizens have the right to defend themselves against wrongs while not odiously infringing on the rights of others. |
| civil procedure doctrine practice and context: Process of Constitutional Decisions 4e 2002 Case Supp Paul Brest, Brest, J. M. Balkin, Akhil Reed Amar, W St John Garwood and W St John Garwood Jr Centennial Chair in Law Sanford Levinson, 2002-08-29 |
| civil procedure doctrine practice and context: Civil Procedure for All States (Paperback) Benjamin Madison, III, 2010 This is the 2018 paperback printing of the casebook published in 2010. Civil Procedure for All States is unique in scope. No other casebook or textbook has sought to take the procedural doctrines that arise in the stages of a civil action and address them for each state. Each chapter describes the majority approach to a procedural doctrine, the significant minority approach, and those states that are peculiar in their approach. By taking this comprehensive approach, the book has been able to identify the common decision-making steps that a lawyer must take in handling any case, in any state. Thus, the book has the student-as-associate thinking through the questions that a seasoned litigator would consider at each stage. The student then applies the law of that student''s jurisdiction to the problems that arise at each stage of a case. After resolving questions that sharpen the student''s ability to deal with a given procedural issue, each chapter incorporates numerous questions that force the student to wrestle with matters of professionalism and ethics. This book is designed to follow the new Context and Practice Series. Books in the series will feature elements that recent studies of legal pedagogy (Best Practices in Legal Education and the Carnegie Foundation''s Educating Lawyers) recommend as essential to improving law school teaching. First, the books will emphasize heavily the practical application of the legal doctrines addressed in each book. Students will be placed in the roles of practitioners handling simulated cases. They will apply the legal doctrines that they learn in the book in exercises that require them to perform tasks that lawyers actually perform. As the studies mentioned above underscore, teaching in this manner will serve more than one purpose. It will not only better prepare students for practice. It will show students the significance of the material they are learning by demonstrating the reality that they will be using these doctrines. Second, the C & P Series will also accomplish another primary goal of the Best Practices and Educating Lawyers studies. That goal is to engage students in professional identity formation so that, when they begin practicing, they will have a better idea of the kind of lawyers they want to be. This book is part of the Context and Practice Series, edited by Michael Hunter Schwartz, Professor of Law and Dean of the McGeorge School of Law, University of the Pacific. In April 2012, the Institute for the Advancement of the American Legal System recognized Professor Madison as an Educating Tomorrow''s Lawyers fellow and his course as one that advances reform in legal education. Professor Ben Madison is a rising teacher and scholar of Civil Procedure. His sophisticated and thorough casebook, Civil Procedure for All States, contains subjects students need to know but may not learn elsewhere like the in-depth examinations of the statute of limitations, disability and capacity to sue. Carefully crafted problems develop a student''s thought process to develop actual solutions. One important theme and new direction is an ethical dimension named professional-identity focus. This lucidly written and well designed casebook will introduce law students to both professionalism and procedure. -- Doug Rendleman, Washington and Lee University School of Law I knew I would be practicing in Ohio. When I saw Professor Madison had a casebook designed to teach procedure applicable to the state in which one intended to practice, I wondered how that could be done. Having now completed the course, I can say without qualification that this course did more to help me get ready to practice law than any other. First, the book tied together a great deal of what I had learned in law school, but had not connected. The method of introducing a Master Case (a complex civil case) and going through the decision-making and steps, in the order a lawyer would do it, is what helped me see the big picture. Second, the book offers not only traditional cases, but many practice problems which helped me to learn to apply the doctrines of Ohio procedure to a set of facts. The end of each chapter then reinforced the topics by including an assignment that a lawyer would actually perform--e.g., drafting a complaint, developing a discovery plan. Third, the book had something that I have never seen in courses other than Professional Responsibility. Every chapter wove in several questions that brought home to me the challenging ethical questions I will face in practice. I now have a much better sense of what limits I will set, and the professional identity to which I will aspire. In short, I received a lot more out of this course than I had ever expected. -- Robert Rice, 2010 graduate, Regent University Law School, on taking the Ohio Bar Exam |
| civil procedure doctrine practice and context: The Attorney-client Privilege and the Work-product Doctrine Edna Selan Epstein, 2007 The Attorney-Client Privilege and the Work-Product Doctrine has helped thousands of lawyers through this increasingly complex area. In addition to providing a comprehensive overview of the current law of the attorney-client and work-product immunities, the new edition includes many more case illustrations and contextual examples, as well as numerous practical tips and guidance. Practical, accurate, reliable and clear, this book is the ideal guide for a practicing litigator: intellectually rigorous, but without the theoretical and academic baggage that can make writing on this subject cumbersome and leaden. |
| civil procedure doctrine practice and context: Civil Procedure Stephen C. Yeazell, Joanna C. Schwartz, 2016 Buy a new version of this Connected Casebook and receive ACCESS to the online e-book, practice questions from your favorite study aids, and an outline tool on CasebookConnect, the all in one learning solution for law school students. CasebookConnect offers you what you need most to be successful in your law school classes - portability, meaningful feedback, and greater efficiency. Civil Procedureis written by one of the leading voices on Procedure, StephenYeazell, who for thisNinth Editionis joined by his colleague Joanna Schwartz. Yeazelland Schwartz employ a pedagogical style that offers flexible organization at a manageable length. The book gives students a working knowledge of the procedural system and introduces the techniques of statutory analysis. The cases selected are factually interesting and do not involve substantive matters beyond the experience of first-year students. The problems following the cases present real-life issues. Finally, the book incorporates a number of dissenting opinions to dispel the notion that most procedural disputes present clear-cut issues. Key Features of the New Edition: Procedures as Strategy Notes: brief notes enabling students to see how lawyers use procedural tools to implement litigation strategy. Assessment Questions: each chapter ends with series of brief questions allowing students to test their comprehension of basic concepts. New Material on Erie, pleading, discovery, arbitration, preclusion, class actions, andjoinder. Updated companion Statutory and Case Supplement. Available as anebookand print book. CasebookConnect features: ONLINE E-BOOK Law school comes with a lot of reading, so access your enhanced e-book anytime, anywhere to keep up with your coursework. Highlight, take notes in the margins, and search the full text to quickly find coverage of legal topics. PRACTICE QUESTIONS Quiz yourself before class and prep for your exam in the Study Center. Practice questions from Examples & Explanations, Emanuel Law Outlines, Emanuel Law in a Flash flashcards, and other best-selling study aid series help you study for exams while tracking your strengths and weaknesses to help optimize your study time. OUTLINE TOOL Most professors will tell you that starting your outline early is key to being successful in your law school classes. The Outline Tool automatically populates your notes and highlights from the e-book into an editable format to accelerate your outline creation and increase study time later in the semester. |
| civil procedure doctrine practice and context: Twenty-First Century Procedure Christopher B. Mueller, 2017-03-12 Twenty-First Century Procedure, Second Edition presents the major themes of U.S. civil litigation – the adversary system, our dedication to the use of juries in civil cases, our American brand of federalism and its impact on the judicial system and litigation generally, and the relatively recent development of managerial judging – for an introductory course on civil procedure. With its contemporary perspective, Twenty-First Century Procedure includes discussion of modern problems, such as E-discovery and the requirement of careful scrutiny during the certification stage of class suits. The skillful pedagogy evident throughout the book is designed to provide context for the understanding of doctrines and issues, and to stimulate classroom discussion. Expository text introduces students to the issues, followed by carefully edited cases that resolve some of the more important isssues, practical Problems, and Notes and Questions that aid the process of analysis. Pictures and sidebars provide additional context and pique student interest. A statutory supplement is published annually. |
| civil procedure doctrine practice and context: The Wagstaffe Group Practice Guide James M. Wagstaffe, |
| civil procedure doctrine practice and context: Civil Procedure Theresa Beiner, Scott Bauries, Saurabh Vishnubhakat, Gerald Hess, 2023-10-31 The third edition of Civil Procedure: A Context and Practice Casebook is thoroughly revised and updated to facilitate effective teaching and student learning. New principal cases illustrate current developments in personal jurisdiction and pretrial motion practice. Each chapter includes new and revised notes and exercises. The accompanying teacher's manual reflects the changes in the casebook and includes 90 multiple-choice questions to help professors and students assess the effectiveness of teaching and learning throughout the course. |
| civil procedure doctrine practice and context: Criminal Law Cynthia Lee, Angela P. Harris, 2009 This text, the only criminal law casebook authored by two progressive female law professors of color, provides the reader with both critical race and critical feminist theory perspectives on criminal law. The book focuses on the cultural context of substantive criminal law, integrating issues of race, gender, class, and sexual orientation where relevant |
| civil procedure doctrine practice and context: Civil Procedure Stephen C. Yeazell, 2000 This edition of the best-selling civil procedure casebook retains the flexible organization, manageable length, and accessible style that earned it the number one position in the field while incorporating a wealth of new material. Refined through years of classroom use, Yeazell's CIVIL PROCEDURE has been proven effective in explaining the procedural system and demonstrating its application in practice. Yeazell builds on the strengths that make the casebook so popular: the text is accessible to students, without being oversimplified. an overview of the system And The ways in which the Rules shape it. Designed for teachability, The book offers a clear organization, concisely edited cases chosen for their suitability for first-year students, and textual notes that introduce each section and highlight connections between class material and practical problems. Manageable length (just 1050 pages) allows coverage of complex material in a limited number of hours and lets instructors supplement with collateral readings without overloading students. Flexible structure allows instructors to teach topics in any order they prefer. Companion Statutory and Case Supplement contains necessary documents and is updated annually. |
| civil procedure doctrine practice and context: Civil Procedure Joseph W. Glannon, 1987 |
| civil procedure doctrine practice and context: Federal Rules of Civil Procedure, With Resources for Study, 2023-2024 Stephen N. Subrin, Martha L. Minow, Mark S. Brodin, Thomas O. Main, Alexandra D. Lahav, 2023-07-23 An ideal accompaniment to any Civil Procedure casebook, including the authors’ own Civil Procedure: Doctrine, Practice, and Context, Sixth Edition, the 2023–2024 statutory supplement presents the current Federal Rules of Civil Procedure (FRCP). Useful cross-references to Advisory Committee Notes, Restatement sections, and Transnational Rules have been integrated into the FRCP to help students explore the larger context of each Rule. Complete features include: The current Federal Rules of Civil Procedure and proposed amendments The U.S. Constitution and U.S. Code provisions current through June 1, 2023 Excerpts from the Restatement (Second) of Judgments Excerpts from the American Law Institute/UNIDROIT Rules of Transnational Civil Procedure Examples of state long-arm and venue statutes Recent Supreme Court Case Law |
| civil procedure doctrine practice and context: Litigating in America Stephen N. Subrin, Margaret Y.K. Woo, 2015-02-09 Designed to introduce American civil litigation and process to a wide audience: foreign LL.M. students, beginning American law students, undergraduates interested in law, and foreign lawyers, judges, and law professors. This succinct new paperback Litigating in America: Civil Procedure in Context explains the institutional bases and legal meaning of our procedural system, and captures American civil process at a time of change. It presents American civil procedure from several vantage points: the procedural doctrine that has evolved over time; the practical implications of that doctrine; the social context in which the doctrine grew, is used and abused; and the global context of how other systems may have made different choices. It is an excellent supplement to any casebook. |
| civil procedure doctrine practice and context: Introduction to the Law and Legal System of the United States WILLIAM. REED BURNHAM (STEPHEN F.), Stephen Reed, 2021-08-03 Description Coming Soon! |
| civil procedure doctrine practice and context: Experiencing Civil Procedure James E. Moliterno, 2017 Hardbound - New, hardbound print book. |
| civil procedure doctrine practice and context: Civil Procedure Joseph W. Glannon, Andrew Marcus Perlman, Peter Raven-Hansen, 2017 Civil Procedure: A Coursebook provides solid scholarship but does not hide the ball. The book's accessibility, organization, and interior design support its innovative pedagogy.New to the Third Edition: Recent (Dec. 1, 2015) rule amendments abrogate the federal forms and make important changes to the discovery rules. This edition reflects both sets of changes and includes provocative new materials on the revitalized proportionality standard of discovery and the ethical requirements for competency in electronic discovery, in addition to other smaller updates. |
| civil procedure doctrine practice and context: TORTS DONALD H. BESKIND, 2024 |
| civil procedure doctrine practice and context: Understanding Civil Procedure Gene R. Shreve, Peter Raven-Hansen, 2002 |
| civil procedure doctrine practice and context: Evidence, Proof, and Fact-Finding in WTO Dispute Settlement Michelle T. Grando, 2009-12-24 This book examines how a World Trade Organization (WTO) dispute settlement panel formulates its conclusions with respect to the facts of a dispute brought before it. It does so by discussing the legal concepts which shape the process of fact-finding, analysing the approach taken by panels thus far and offering suggestions for improvement. |
| civil procedure doctrine practice and context: Boundaries of European Private International Law Jean-Sylvestre Bergé, Stéphanie Francq, Miguel Gardenes Santiago, 2015-04-22 European private international law is by now based mainly on a large body of uniform rules such as the Regulations Rome I, Rome II, Brussels I, Brussels I bis. This significant legislative output, however, does not take place in a vacuum. Rules of private international law have been earlier (and still are) adopted at national, international and even European level in scattered regulations and directives. The recent plethora of private international law rules gives rise to issues of delineation and calls for some sort of ordering as gaps, overlaps and contradictions become flagrant. At the same time, the resulting interactions can offer new insight, ideas and even opportunities at a more theoretical level. This book gathers a collection of essays resulting out of a series of international seminars held in Lyon, Barcelona and Louvain-la-Neuve. During those seminars, young researchers selected in an open call for papers had the opportunity to discuss their views among themselves as well as with various specialists of the field, such as more senior academics, EU civil servants, national experts and representatives of other international organisations. The book offers the fresh views of those who will in the future shape the dialectic between the various sources of private international law and attempts to launch a discussion on the “living together” of legal sources. Two ranges of topics are addressed in the book: - firstly, the relationship between EU private international law and national law (substantial and procedural) and/or international law (international instruments of private international law or of uniform substantive law); and - secondly, the relationship between EU private international law and other aspects of EU law (internal market rules of primary law, harmonisation through secondary law and other pieces of legislation enacted in the realm of the area of freedom, security and justice). |
Civil Procedure Doctrine Practice And Context (Download Only)
Written by respected scholars and experienced educators this book showcases rules and doctrine of civil procedure at work in the practice of law The book focuses on civil rights both to engage …
Civil Procedure Doctrine Practice And Context
Written by respected scholars and experienced educators, this book showcases rules and doctrine of civil procedure at work in the actual practice of law. The procedural and …
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