Best Selling Books in Perspectives on Law - Conflict of Laws

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release date: Feb 01, 2016
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Examples & Explanations: Conflict of Laws
A favorite among successful students, and often recommended by professors, the unique Examples & Explanations series gives you extremely clear introductions to concepts followed by realistic examples that mirror those presented in the classroom throughout the semester. Use at the beginning and midway through the semester to deepen your understanding through clear explanations, corresponding hypothetical fact patterns, and analysis. Then use to study for finals by reviewing the hypotheticals as well as the structure and reasoning behind the accompanying analysis. Designed to complement your casebook, the trusted Examples & Explanations titles get right to the point in a conversational, often humorous style that helps you learn the material each step of the way and prepare for the exam at the end of the course.

The unique, time-tested Examples & Explanations series is invaluable to teach yourself the subject from the first day of class until your last review before the final. Each guide:

  • helps you learn new material by working through chapters that explain each topic in simple language
  • challenges your understanding with hypotheticals similar to those presented in class
  • provides valuable opportunity to study for the final by reviewing the hypotheticals as well as the structure and reasoning behind the corresponding analysis
  • quickly gets to the point in conversational style laced with humor
  • remains a favorite among law school students
  • is often recommended by professors who encourage the use of study guides
  • works with ALL the major casebooks, suits any class on a given topic
  • provides an alternative perspective to help you understand your casebook and in-class lectures

release date: Mar 27, 2018
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Scorched Worth: A True Story of Destruction, Deceit, and Government Corruption
To effect just outcomes the justice system requires that law enforcement officers, prosecutors, and judges be committed―above all―to doing justice. Those whose allegiance is to winning, regardless of evidence, do the opposite of justice: they corrupt the system. This is the jaw-dropping story of one such corruption and its surprise ending.

On Labor Day 2007, a forest fire broke out in California’s eastern Sierra Nevada and eventually burned about 65,000 acres. Investigators from the California Department of Forestry and Fire Protection and the United States Forest Service took a mere two days to conclude that the liable party was the successful forest-products company Sierra Pacific Industries (SPI), founded as a tiny sawmill nearly sixty years earlier by Red Emmerson.

The investigative report on the fire declared that SPI’s independent logging contractor had started the conflagration by driving a bulldozer over a rock, creating a spark that flew into a pile of brush. No fire had ever been proven to start that way, but based on the report the U.S. Department of Justice and California’s attorney general filed nearly identical suits against Emmerson’s company. The amount sought was nearly a billion dollars, enough to bankrupt or severely damage it. Emmerson, of course, fought back.

Week by week, month by month, year by year, his lawyers discovered that the investigators had falsified evidence, lied under oath, fabricated science, invented a narrative, and intentionally ignored a mountain of exculpatory evidence. They never pursued a known arsonist who was in the area that day, nor a young man who repeatedly volunteered alibis contradicted by facts.

Though the government lawyers had not known at the start that the investigation was tainted, they nonetheless refused to drop the suits as the discovery process continued and dozens of revelations made clear that any verdict against Emmerson’s company would be unjust.

Scorched Worth is a riveting tale that dramatizes how fragile and arbitrary justice can be when those empowered to act in the name of the people are more loyal to the bureaucracies that employ them than to the people they’re supposed to serve. It’s also the story of a man who refused to let the government take from him what he’d spent a lifetime earning.
release date: Jul 27, 1998
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A Matter of Interpretation: Federal Courts and the Law (The University Center for Human Values Series)

We are all familiar with the image of the immensely clever judge who discerns the best rule of common law for the case at hand. According to U.S. Supreme Court Justice Antonin Scalia, a judge like this can maneuver through earlier cases to achieve the desired aim--"distinguishing one prior case on his left, straight-arming another one on his right, high-stepping away from another precedent about to tackle him from the rear, until (bravo!) he reaches the goal--good law." But is this common-law mindset, which is appropriate in its place, suitable also in statutory and constitutional interpretation? In a witty and trenchant essay, Justice Scalia answers this question with a resounding negative.


In exploring the neglected art of statutory interpretation, Scalia urges that judges resist the temptation to use legislative intention and legislative history. In his view, it is incompatible with democratic government to allow the meaning of a statute to be determined by what the judges think the lawgivers meant rather than by what the legislature actually promulgated. Eschewing the judicial lawmaking that is the essence of common law, judges should interpret statutes and regulations by focusing on the text itself. Scalia then extends this principle to constitutional law. He proposes that we abandon the notion of an everchanging Constitution and pay attention to the Constitution's original meaning. Although not subscribing to the "strict constructionism" that would prevent applying the Constitution to modern circumstances, Scalia emphatically rejects the idea that judges can properly "smuggle" in new rights or deny old rights by using the Due Process Clause, for instance. In fact, such judicial discretion might lead to the destruction of the Bill of Rights if a majority of the judges ever wished to reach that most undesirable of goals.


This essay is followed by four commentaries by Professors Gordon Wood, Laurence Tribe, Mary Ann Glendon, and Ronald Dworkin, who engage Justice Scalia's ideas about judicial interpretation from varying standpoints. In the spirit of debate, Justice Scalia responds to these critics.

release date: May 20, 2014
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Commercial Fraud in Civil Practice
This book draws together the disparate areas of the law that must be considered by commercial fraud litigators making a single and accessible reference source for practitioners and scholars.

The book is comprehensive and practical, focusing on civil law claims and remedies. It covers all aspects of international commercial fraud litigation, ranging from conflict laws, pre-emptive remedies (e.g. freezing orders, interim receivers, Norwich Pharmacal Orders), to tracing assets.

The work also covers substantive claims in areas such as trusts/equity, contract, tort, restitution, company law and insolvency, as well as challenging asset protection devices in sham trusts and lifting the corporate veil, and explains sanctions for non-compliance or contempt. Practical guidance on important procedural elements in areas such as injunctions and disclosure is also provided.

The new edition considers the impact of the Rome I and Rome II Regulations governing contractual and non-contractual obligations concerning choice of law issues. It also examines all relevant new case law such as Sinclair v Versailles concerning the impact on the right to obtain a proprietary claim in respect of a break of fiduciary duty.

Covering all aspects of international commercial fraud litigation, this book is an essential reference for all practitioners and scholars interested in fraud, unjust enrichment, private international law and tracing.
Principles, Definitions and Model Rules of European Private Law: Draft Common Frame of Reference (DCFR). Outline Edition
The Draft of a Common Frame of Reference (DCFR) is based in part on a revised version of the Principles of European Contract Law (PECL) and contains Principles, Definitions and Model Rules of European Private Law. A year ago, an interim outline edition of the Draft Common Frame of Reference (DCFR) was published by sellier. european law publishers (Germany). It covered the books on contracts and other juridical acts, obligations and corresponding rights, certain specific contracts, and non-contractual obligations. One purpose of the text was to provide material for a possible "political" Common Frame of Reference (CFR) which was called for by the European Commission's Action Plan on a More Coherent European Contract Law of January 2003. Now available for the first time is the final outline edition of the DCFR. This final outline edition covers major new topics and includes a revised and expanded list of definitions. This revision of the interim outline edition takes public discussion into account and also contains an additional section on the principles underlying the model rules. In late 2009, the six-volume full edition of the DCFR, including all comments and notes, will be published.
release date: Jan 01, 2007
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release date: Sep 04, 2013
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Understanding Conflict of Laws

This Understanding treatise provides authoritative and comprehensive explanations of major theories and leading cases covered in Conflict of Laws courses.

The new Fourth edition of Understanding Conflict of Laws include the following highlights:

• Comprehensive treatment of the U.S. Supreme Court's recent personal jurisdiction decisions in J. McIntyre Machinery Ltd. v. Nicastro and Goodyear Dunlop Tires Operations, S.A. v. Brown, and updated material on jurisdiction in cyberspace.

Discussion of recent choice-of-law cases, choice-of-law codification efforts, and new developments relating to the Erie doctrine.

• Updated discussions of conflict-of-laws issues surrounding same-sex marriage and the Uniform Child Custody Jurisdiction and Enforcement Act.

• Substantially expanded coverage of international conflict-of-laws issues, including forum non conveniens, recognition and enforcement of foreign country judgments, the Hague Service Convention, the Convention on Choice of Court Agreements, the U.N. Convention on the Recognition and Enforcement of Foreign Arbitral Awards, the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, the Convention on the Civil Aspects of International Child Abduction, and the Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption.

• Other developments in conflict of laws since the third edition are reflected throughout the fourth edition.

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release date: Feb 15, 2013
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Conflict of Laws: Cases, Materials, and Problems (Aspen Casebook) (Aspen Casebook Series)

When you purchase a new version of this casebook from the LIFT Program, you receive 1-year FREE digital access to the corresponding Examples & Explanations in your course area. Now available in an interactive study center, Examples & Explanations offer hypothetical questions complemented by detailed explanations that allow you to test your knowledge of the topics covered in class.

Starting July 1, 2017, if your new casebook purchase does not come with an access code on the inside cover of the book, please contact Wolters Kluwer customer service. The email address and phone number for customer service are on the copyright page, found within the first few pages, of your casebook.

Award-winning teacher Laura Little offers a progressive, innovative approach to teaching complex material in the new casebook, Conflict of Laws. In a subject where there are few “right” answers and plenty of room for debate, this casebook offers a contemporary alternative to the subject by connecting coverage of key issues and concepts to law practice using modern cases-and-problem pedagogy. With its modular design and clear writing, the text is highly teachable and sure to be a favorite with both students and professors.

Features:

  • Award-winning teacher and respected author Laura Little brings her considerable expertise in federal courts, conflict of laws, and constitutional law to the subject.
  • Well-balanced casebook presents the deep jurisprudential lessons imbedded in the conflict of laws subject matter.
  • Proven cases-and-problems pedagogy helps students apply concepts.
  • Maintains a clear presentation of doctrines relevant to current law practice.
  • Thematic approach puts conflicts of law in the context of actual issues confronted in law practice.
  • Clear, straightforward writing avoids the “hide the ball” approach of many other books and maximizes accessibility to difficult material.
  • Innovative organization, beginning with personal jurisdiction, follows the way issues arise in litigation and highlights the importance of forum selection.
  • Highly adaptable modular presentation allows professors to customize approach.
  • Contemporary cases and hypotheticals allow students to apply rules to current situations, while hallmark cases maintain continuity with the development of the discipline.
  • Full coverage of current topics such as Internet issues, same-sex marriage, choice of law clauses, and class actions.
  • International and comparative materials cover global aspects of conflicts.
  • Emphasis on the Restatement (Second) of Conflicts, now the predominant United States approach but insufficiently covered in most other texts.
  • Online PowerPoint slides, charts, and diagrams support teachabilit

release date: May 01, 2004
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Gilbert Law Summaries on Conflict of Laws
The topics covered in this Conflict of Laws outline include domicile, jurisdiction (including notice and opportunity to be heard, minimum contacts, and types of jurisdiction), choice of law (including vested rights approach, most significant relationship approach, and governmental interest analysis), and choice of law in specific substantive areas. Also included are traditional defenses against application of foreign law, constitutional limitations and overriding federal law (including Due Process Clause, Full Faith and Credit Clause, and conflict between state and federal law), and recognition and enforcement of foreign judgments.
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release date: Jul 13, 2021
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Ain't Nobody's Business If You Do: The Absurdity of Consensual Crimes in a Free Society
A refresher course on rights and personal freedom. What is your position on prostitution, pornography, gambling and other victimless crimes? This book will make readers consider their rights and the rights of others in a more humanistic and caring way. (Prelude Press)
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