Search

Circuits can vary significantly in their approach to substantive and procedural ERISA issues. In this comprehensive book designed as a resource for litigators and clients with matters governed by the Employee Retirement Income Security Act (ERISA), the authors have set forth, by federal circuit, a description of major issues in ERISA litigation and case authority governing those issues in each circuit. Each chapter contains a detailed review of the following topics:How the circuit determines if an ERISA plan governs the disputeERISA preemption of state lawExhaustion of administrative remediesStandard of review of an administrator's decisionRules of plan interpretationDiscovery in ERISA casesThe scope of admissible evidence in ERISA casesProcedural aspects of ERISA mattersAvailable remedies, andFiduciary liability claims.The 2024 edition of ERISA Survey of Federal Circuits is also revised to include an updated discussion of the most recent and leading ERISA cases by circuit pertaining to the fiduciary exception to the attorney-client privilege, procedures for adjudicating ERISA claims, standards for recovery of attorneys'fees, statutes of limitation, ERISA regulations and litigation over subrogation and reimbursement rights.The book provides an easy desktop resource for frequent ERISA litigators, those practitioners who simply need a recitation of current case authority on a particular point or in-house counsel who need to know how a court in a particular circuit will determine a thorny ERISA litigation issue.

Sustainable Marketing and the Circular Economy in Poland outlines the specific challenges around formulating an organisation's marketing strategy in line with the circular economy (CE) framework.This book helps to solve the problem of ineffective pro-environmental programmes and marketing tools, which are currently used by enterprises to make their activities more sustainable. The authors identify key concepts and strategies of sustainable marketing to highlight the trends and development directions of marketing activities of modern enterprises. Focussing on Poland as a central case study, the book is illustrated with examples of organisations that are implementing sustainable marketing activities that are compatible with the CE model. It also presents the results of studies which examined the pro-environmental marketing efforts of small- and medium-sized enterprises, non-governmental organisations and other actors in Poland. To conclude, the authors put forward recommendations for CE network stakeholders regarding sustainable marketing management, focussing specifically on how to avoid accusations of greenwashing and other unethical organisational behaviour.This book will be of great interest to students and scholars of green marketing, sustainable business and the CE, as well as entrepreneurs and business professionals looking to formulate sustainable marketing strategies.

Any attempt to address the ever-present problem of instability in Africa gives rise to questions regarding legitimate governance. Without future thinking and action on the legitimacy of governance in Africa and how to secure it, past mistakes will go unheeded rather than informing forward movement. Surprisingly, no existing work has comprehensively addressed this critical issue. Legitimate Governance in Africa provides this needed coverage for the first time, examining such key components in the struggle for legitimate governance as the role of the international community in addressing the problem, the particular role women can play and ways in which women can improve their involvement in the whole enterprise of governance, and the roles of non-governmental organizations and civil society. In this diverse collection of essays, a wide range of expert legal contributors, all familiar with the status of the struggle for legitimate governance in a specific institution or particular African state, brings unique perspectives to the scholarly investigation of legitimate governance in Africa. The individual authors have thought deeply about the complexities and subtleties of conducting and evaluating the business of African state governance, considering both the practical sustainability of potential approaches and theoretical problems and issues. The probing, high-quality essays facilitate a real understanding of the obstacles to progress in the struggle for legitimate governance. Through their depth and diversity of views, every one of the papers included in this collection enriches the pool of knowledge on this important subject.

This book will help policy makers, university students, and the general public understand how the National Environmental Policy Act (NEPA) is intended to work, and how it can be used to reduce greenhouse gas (GHG) emissions in order to combat global warming. Unlike all other books on NEPA, this book focuses on the global warming problem in terms of thermodynamics and entropy. It explains how NEPA can help combat global warming by operationalizing the “energy requirements and conservation potential” analysis requirement in the Council on Environmental Quality (CEQ) regulations, 40 CFR 1502.16 (a)(7), and it puts the past, present, and future of the NEPA statute, the CEQ regulations, and energy analysis requirements all in one easy to find, portable place. It will be an excellent resource for university students and teachers, policy analysts, and those members of the public that want to know all about the NEPA Process. As a third edition, the book contains new analysis on the amended NEPA statute (2023) and revised CEQ regulations (2024), CEQ's January 9, 2023 interim guidance on how to incorporate GHG emissions into NEPA documents, the social costs of carbon, the long-term strategy of the United States to get to net-zero GHG by 2050, assessing climate risk in NEPA reviews, and the link between energy requirements analysis required by 40 CFR 1502.16 (a) (7) and reduced GHG emissions.

The commonly held view about English administrative law is that it is of recent origin, with some dating it from the mid-20th century and some venturing back to the late 19th century. English Administrative Law from 1550: Continuity and Change upends this conventional thinking, charting its development from the mid-16th century with an in-depth examination of administrative law doctrine based on primary legal materials, statute, and case law. This book is divided into four parts. Part I sets out the book's principal thesis, contrasting standard perceptions concerning the existence of English administrative law with the reality of its emergence from the mid-16th century. Part II is concerned with Regulation and Administration from the mid-16th century to the end of the 19th century. There is detailed analysis of the regulatory and administrative state, which includes chapters on the way in which administrative policy was developed through individual decision-making and rulemaking, and the role played by contract in service delivery. Part III deals with Courts and Doctrine. It begins with discussion of foundational precepts followed by chapters on natural justice; review of law and fact; rights; delegation, fettering and purpose; reasonableness; proportionability; prerogative; and third and fourth source power. Part IV of the book covers Remedies and Review, with chapters on invalidity; standing; the prerogative writs; injunction, declaration, quo warranto and habeas corpus; and damages and restitutionary liability. With thought-provoking and original insights, English Administrative Law from 1550 systematically elaborates and contextualizes the origins of administrative law features while linking them to their modern-day equivalents.

Der vorliegende Band macht es sich zur Aufgabe, eine „Kartographie der Kontroversen'im Gesellschaftsrecht zu erstellen und diese in einen größeren Kontext einzuordnen. In zwanzig Einzelkapiteln werden aufsehenerregende Auseinandersetzungen aus dem Recht der Personengesellschaften und des Vereins, der GmbH und der Aktiengesellschaft nachgezeichnet und analysiert. Ein besonderes Augenmerk gilt dabei dem Anfang und Ende der Debatten, den Debattenteilnehmern und Diskussionsforen sowie der Diskurskultur. Neben rein nationalen Debatten finden sich auch transnationale Rechtsgespräche.

This book highlights a comprehensive coverage of X­‐ray and Gamma‐ray astrophysics. The first and the second parts discuss, respectively, X-ray and Gamma-ray experimental techniques and observatories. The third part is devoted to science, including galactic and extragalactic sources. The fourth and last parts are dedicated to analysis techniques in X-ray and Gamma-ray astronomy: spectral analysis, imagining analysis, timing analysis, and polarimetric analysis. Presenting the state of the art in X-ray and gamma-ray astronomy, this is both a valuable book for students and an important reference resource for researchers in the field.

A leading casebook on foreign relations law, authored by widely cited scholars who also have pertinent government experience, Foreign Relations Law: Cases and Materials, Eighth Edition examines the law that regulates how the United States interacts with other nations and with international institutions, and how it applies international law within its legal system. The book offers a compelling mix of cases, statutes, and executive branch materials, as well as extensive notes and questions and discussion of relevant historical background and scholarship. These materials guide students through both longstanding as well as cutting-edge issues of constitutional law, statutory interpretation, administrative law, and federal jurisdiction as they relate to the conduct of U.S. foreign relations. New to the Eighth Edition: A new section on economic sanctions, reflecting the growing significance of this aspect of U.S. foreign policy Expanded discussion of executive authority relating to diplomacy A new section on state international agreements More streamlined coverage of both the Alien Tort Statute and the War on Terror as a result of developments since the last edition Updated notes and questions throughout the book to take account of recent cases, statutes, Executive Branch actions, and scholarship Benefits for instructors and students: Clear and logical progression of the materials, starting with the powers of government institutions and then proceeding to specific substantive topics Coverage of both cutting-edge legal developments and relevant historical background Integration of leading scholarship into the notes and questions rather than in long excerpts of secondary materials Balanced presentation of controversial topics, with probing questions to consider in class discussions Combination of theoretical analysis with practical insights from real-world examples

Das Werk beantwortet in Fällen von Schadensersatz nach einem Unternehmenskauf die Frage, wie der Schadensersatzanspruch des Käufers zu berechnen ist. Dabei liefert das Buch die maßgeblichen Kennzahlen sowie Berechnungs- und Bewertungsmethoden – systematisch aufbereitet für die in der Praxis relevanten Fallgruppen im Post M&A-Verfahren: Aufklärungspflichtverletzung, Mängelhaftung, Garantieverletzung. Das Buch enthält Empfehlungen für die Auslegung und Gestaltung von Vertragsklauseln über die Rechtsfolgen einer Garantieverletzung in der M&A-Praxis. Die Ergebnisse basieren auf den Vorgaben des Schadens- und Beweisrechts sowie auf der Rechtsprechung staatlicher Gerichte und Schiedsgerichte.

Environmental Regulation: Law, Science, and Policy demystifies the complexity of environmental law. It provides up-to-date, comprehensive and accessible coverage of this growing and rapidly changing field. After exploring the causes of environmental problems and the moral values they implicate, the casebook provides a structural overview of the regulatory system. It considers how environmental law seeks to protect public health and the environment from climate change, toxic chemicals, hazardous wastes, and air and water pollution. This casebook also covers land use regulation, protection of biodiversity, environmental impact assessment, environmental enforcement, and international environmental law. Written in a style accessible to the non-specialist, this casebook affords instructors flexibility in organizing courses. Effective teaching and study aids include outlines of the structure of each environmental statute, real-world-based problems and questions, “pathfinders” explaining where to find crucial source materials for every major topic, an extensive glossary, and a list of acronyms. The casebook is kept current with annual statutory and case supplements.New to the Tenth Edition: ● West Virginia v. EPA and the amorphous “major questions” doctrine ● Sackett v. EPA narrows the reach of the Clean Water Act's protection of wetlands ● State climate and environmental rights litigation ● The Inflation Reduction Act of 2022 and the green energy transition ● 2023 amendments to the National Environmental Policy Act ● Papal climate encyclical Laudato Si updated by Pope Francis Professors and students will benefit from: ● comprehensive and up-to-date coverage in a style accessible to the non-specialist ● self-contained chapters for flexibility in organizing courses ● a detailed examination of policy focus on environmental statutes how statutes translate into regulations factors that affect real-world behavior ● effective teaching and study aids outlines of the structure of each environmental statute real-world-based problems and questions “pathfinders” explaining where to find crucial source materials for every major subject area extensive glossary list of acronyms

Human evolutionary demography is an emerging field blending natural science with social science. This edited volume provides a much-needed, interdisciplinary introduction to the field and highlights cutting-edge research for interested readers and researchers in demography, the evolutionary behavioural sciences, biology, and related disciplines. By bridging the boundaries between social and biological sciences, the volume stresses the importance of a unified understanding of both in order to grasp past and current demographic patterns. Demographic traits, and traits related to demographic outcomes, including fertility and mortality rates, marriage, parental care, menopause, and cooperative behavior are subject to evolutionary processes. Bringing an understanding of evolution into demography therefore incorporates valuable insights into this field; just as knowledge of demography is key to understanding evolutionary processes. By asking questions about old patterns from a new perspective, the volume—composed of contributions from established and early-career academics—demonstrates that a combination of social science research and evolutionary theory offers holistic understandings and approaches that benefit both fields. Human Evolutionary Demography introduces an emerging field in an accessible style. It is suitable for graduate courses in demography, as well as upper-level undergraduates. Its range of research is sure to be of interest to academics working on demographic topics (anthropologists, sociologists, demographers), natural scientists working on evolutionary processes, and disciplines which cross-cut natural and social science, such as evolutionary psychology, human behavioral ecology, cultural evolution, and evolutionary medicine. As an accessible introduction, it should interest readers whether or not they are currently familiar with human evolutionary demography.

A new interpretation of the constitutional law of foreign affairs, as it has been developed throughout its history by presidents and by Congress.In the more than 230 years since the Constitution took effect, the constitutional law governing the conduct of foreign affairs has evolved significantly. But that evolution did not come through formal amendments or Supreme Court rulings. Rather, the law has been defined by the practices of Congress and the executive branch, also known as “historical gloss.”Curtis A. Bradley documents this process in action. He shows that expansions in presidential power over foreign affairs have often been justified by reference to historical gloss, but that Congress has not merely stepped aside. Belying conventional accounts of the “imperial presidency” in foreign affairs, Congress has also benefited from gloss, claiming powers for itself in the international arena not clearly addressed in the constitutional text and disrupting claims of exclusive presidential authority.Historical Gloss and Foreign Affairs proposes a constitutional theory that can make sense of these legal changes. In contrast, originalist theories of constitutional interpretation often ignore influential post-Founding developments, while nonoriginalist theories tend to focus on judicial decisions rather than the actions and reasoning of Congress and the executive branch. Moreover, the constitutional theories that do focus on practice have typically emphasized changes at particular moments in time. What we see in the constitutional law of foreign affairs, however, is the long-term accumulation of nonjudicial precedents that is characteristic of historical gloss. With gloss confirmed as a prime mover in the development of foreign affairs law, we can begin to recognize its broader status as an important and longstanding form of constitutional reasoning.

The adoption of the Universal Declaration of Human Rights (UDHR) on 10 December 1948 by the United Nations General Assembly marked a groundbreaking moment in the field of international law. Not only would it start to move away from its original conception as an exclusively State-centered domain: it would also mark the progressive transformation of international law into a law for humankind. This instrument started a codification and institution-building process that would slowly evolve into a complex framework of treaties, bodies and procedures revolving around the protection of the human being against the actions – or omissions – of the State. This commentary provides a specific analysis and reflection of how each one of the rights enshrined therein have evolved over time.

An authoritative, even-handed, and accessible history of the Supreme Court of the United States, the most powerful court in the world and the final arbiter of the world's oldest constitution. Will abortion be legal? Should people of the same sex be allowed to marry? May colleges prefer black applicants over white ones? These are among the most bitterly contested issues in the United States today. We answer these questions, and many more, by presenting them to nine lawyers--the justices of the Supreme Court of the United States. No other nation commits so many important questions to its highest court. Stuart Banner's The Most Powerful Court in the World is an authoritative history of the United States Supreme Court from the Founding era to the present. Not merely a history of the Court's opinions and jurisprudence, it is also a rich account of the Court in the broadest sense--of the sorts of people who become justices and the methods by which they are chosen, of how the Court does its work, and of its relationship with other branches of government. It is about how the Court acquired so much power, how it has retained its power in the face of repeated challenges and criticisms, and what it has done with its power over the years. Rather than praising or criticizing the Court's decisions, Banner makes the case that one cannot fully understand the decisions without knowing about the institution that produced them. Offering a fresh analytical window into today's contentious debates about the Court--debates that often rest on dubious ideas about the Court's history--The Most Powerful Court in the World helps readers see cases through the justices'eyes.

This is the first Business Associations casebook organized by function (decision-making, finance, investor litigation, investment transfer, etc.) instead of by entity type (partnerships, corporations, LLCs, etc.). Functional organization avoids repetition and makes full coverage of corporations, partnerships, LLCs, and limited partnerships possible in a four, or even three, credit course. The systems approach is the basis for several successful casebooks in other fields, most notably LoPucki/Warren/Lawless's Secured Transactions: A Systems Approach. The approach focuses on the actions of the lawyers, business people, and government administrators who apply law rather than merely on abstract law. The book provides hundreds of realistic, fact-rich problems in legal practice settings. Students apply their new knowledge of law and how the systems work to advise hypothetical clients. The cases are recent, heavily edited, and rarely longer than four pages.New to the Second Edition: The second edition is updated throughout with the emphasis on clarity and brevity. Four new cases, three of them from 2023 Decentralized autonomous organizations (DAOs) as unintended partnerships Grouping of public company materials to facilitate their omission Corporate Transparency Act (2021) More tables comparing entity types More focus on balance sheets New materials on race and gender Divisive mergers Officer exculpation Benefits for instructors and students: Full coverage of agency, corporations, partnerships, LLCs, limited partnerships, and the role of legal entities in society Tables, figures, photos, and one cartoon Fundamental documents for Meta Platforms and a hypothetical LLC (BKG Catalina) and operating agreement, which are also integrated into the text and problems Glossary Cleanly edited, easy-to-read cases Recent cases that illustrate modern business practices and reflect current law Organization by function, which reduces the repetition required in organization by entity type Modular organization, allowing the chapters to be taught in any order Fact-rich, realistic problems in practice settings An introductory assignment that provides an overview of the course Clear and direct examples and explanations, free of jargon and idioms that cause difficulty for students from other cultures. Great for LL.M.s, MJSs, and foreign J.D.s!

Administrative Law: Cases and Materials is the product of a longstanding collaboration by a distinguished group of authors, each with extensive experience in the teaching, scholarship, and practice of administrative law. The Ninth Edition preserves the book's distinctive features of functional organization and extensive use of case studies, with no sacrifice in doctrinal comprehensiveness or currency. By organizing over half of the book under the generic administrative functions of policymaking, adjudication, enforcement, and licensing, the book illuminates the common features of diverse administrative practices and the interconnection of otherwise disparate doctrines. Scattered throughout the book, case studies present leading judicial decisions in their political, legal, institutional, and technical context, thereby providing the reader with a much fuller sense of the reality of administrative practice and the important policy implications of seemingly technical legal doctrines. At the same time, the Ninth Edition fully captures the headline-grabbing nature of federal administrative practice in today's politically divided world. New to the 9th Edition: Extensive coverage of the Major Questions Doctrine and the decline of Chevron Expanded coverage of presidential policy initiatives including Executive Orders on immigration and Student Loan Debt Forgiveness. Updated coverage of standing to secure judicial review and the timing of judicial review especially when a party challenges an agency's structure as unconstitutional. Updated coverage of the agency deliberation exception to the Freedom of Information Act. A new focus on issues concerning the propriety of agency adjudication and the denial of the right to a jury in private rights disputes. Professors and students will benefit from: The “case study” approach illuminates the background policy and organizational context of many leading cases. The functional organization of materials in Part Two enables instructors to show how doctrinal issues are shaped by functional context. The theoretical material presented at the beginning of the book provides a useful template for probing issues throughout the course. The book is designed to be easily adaptable for use as an advanced course and in schools that have a first-year Legislation and Regulation course, especially with enhanced coverage of recurring issues that arise in agency adjudications. The units are organized so that many class sessions can focus on a single leading case, reducing the problem of “factual overload” that characterizes many administrative law courses. The case study approach helps students understand the context within which doctrinal issues arise and the way in which those issues affect important matters of public policy. The organization of Part Two conveys a deeper understanding of the characteristic functions performed by administrative agencies.

Silver Gavel Award, Honorable MentionScribes Merit AwardIn June 2001, there was a decidedly new look to the graduating class at Virginia Military Institute. For the first time ever, the line of graduates who received their degrees at the “West Point of the South” included women who had spent four years at VMI.For 150 years, VMI had operated as a revered, state-funded institution—an amalgam of Southern history, military tradition, and male bonding rituals—and throughout that long history, no one had ever questioned the fact that only males were admitted. Then in 1989 a female applicant complained of discrimination to the Justice Department, which brought suit the following year to integrate women into VMI.In a book that poses serious questions about equal rights in America, Philippa Strum traces the origins of this landmark case back to VMI's founding, its evolution over fifteen decades, and through competing notions about women's proper place. Unlike most works on women in military institutions, this one also provides a complete legal history—from the initial complaint to final resolution in United States v. Virginia—and shows how the Supreme Court's ruling against VMI reflected changing societal ideas about gender roles. At the heart of the VMI case was the “rat line”: a ritualized form of hazing geared toward instilling male solidarity. VMI claimed that its system of toughening individuals for leadership was even more stringent than military service and that the system would be destroyed if the Institute were forced to accommodate women.Strum interviewed lawyers from Justice and VMI, heads of concerned women's groups, and VMI administrators, faculty, and cadets to reconstruct the arguments in this important case. She was granted interviews with both Justice Ginsburg, author of the majority opinion, and Justice Scalia, the lone dissenter on the bench, and meticulously analyzes both viewpoints. She shows how Ginsburg's opinion not only articulated a new constitutional standard for institutions accused of gender discrimination but also represented the culmination of gender equality litigation in the twentieth century. Women in the Barracks is a case study that combines both legal and cultural history, reviewing the long history of male elitism in the military as it explores how new ideas about gender equality have developed in the United States. It is an engrossing story of change versus tradition, clear and accessible for general readers yet highly instructive and valuable for students and scholars. Now as questions continue to loom concerning the role of state funding for single-sex education, Strum's book squarely addresses competing notions of women's place and capabilities in American society.

International Intellectual Property in an Integrated World Economy, Fifth Edition provides a comprehensive analysis of the international intellectual property system across the spectrum of intellectual property (IP) rights and interests. It introduces the institutional architecture at the multilateral, regional/plurilateral, bilateral, and national levels. For each form of IP, it addresses the legal rules and illustrative jurisprudence with a focus on major jurisdictions, as well as economic and social welfare implications. It also considers the continuously growing importance of IP in a constantly changing technological environment, currently reflected in the rise of artificial intelligence (AI) and its deployment in creative and inventive activities. Each of the authors has played a role in the development and implementation of the international rules, and they bring their experience to bear in introducing students to the field. New to the Fifth Edition: New co-authors: Ryan B. Abbott, Mira Burri, Henning Grosse Ruse-Khan, and Maegan McCann, who bring additional expertise to the book The latest developments in bilateral and regional agreements regulating intellectual property, including implementation of the EU Unitary Patent and Unified Patent Court system and the EU intermediaries'liability regime for copyright infringement Important new judicial decisions, including the U.S. Supreme Court decisions in Google v. Oracle and Andy Warhol Foundation v. Goldsmith, as well as decisions from EU and U.S. courts addressing identifiers for food products (Emmental and Gruyere cheeses) Developments in AI in the context of content-creation, inventions, IP-registration and enforcement, as well as support or substitute for human decision-making The expanding discourse on trade secret protection and its importance for international technology transfer The phenomenon of the anti-suit injunction in international patent litigation Benefits for instructors and students: An approach to the international IP system that situates the rules within the broader context of international law and the public policy objectives that governments, industry, and interest groups are seeking to achieve Case law from international dispute settlement bodies, as well as from national and regional courts and administrative authorities Discussion of patent, trademark, copyright, design, trade secret, and geographical indication protection, as well as plant variety protection, the protection of genetic resources and traditional knowledge, and the role of open source and open innovation systems An explanation of the European Union Unitary Patent system Exploration of the increasingly important role of emerging market IP systems Materials to help students understand the disputes between the United States and China involving IP, investment, and transfer of technology Identification of important trends in the enforcement of IP

A comprehensive and engaging oral history of the decade that defined the feminist movement, including interviews with living icons and unsung heroes—from former Newsweek reporter and author of the “powerful and moving” (The New York Times) Witness to the Revolution.For lovers of both Barbie and Gloria Steinem, The Movement is the first oral history of the decade that built the modern feminist movement. Through the captivating individual voices of the people who lived it, The Movement tells the intimate inside story of what it felt like to be at the forefront of the modern feminist crusade, when women rejected thousands of years of custom and demanded the freedom to be who they wanted and needed to be. This engaging history traces women's awakening, organizing, and agitating between the years of 1963 and 1973, when a decentralized collection of people and events coalesced to create a spontaneous combustion. From Betty Friedan's The Feminine Mystique, to the underground abortion network the Janes, to Shirley Chisholm's presidential campaign and Billie Jean King's 1973 battle of the sexes, Bingham artfully weaves together the fragments of that explosion person by person, bringing to life the emotions of this personal, cultural, and political revolution. Artists and politicians, athletes and lawyers, Black and white, The Movement brings readers into the rooms where these women insisted on being treated as first class citizens, and in the process, changed the fabric of American life.

A rare first-person account of the women's movementA comprehensive, indexed memoir about the Second Wave women's movement by the cofounder of the National Organization for Women (NOW). Muriel Fox offers rare, firsthand stories of 29 women and one man, including Betty Freidan, but also many who have not previously been recognized for their contributions.As NOW's public relations director, Fox orchestrated nationwide outreach. She was NOW's vice president, then chair of the board, then chaired the National Advisory Committee. As Betty Friedan's main lieutenant and director of operations, Fox drafted numerous letters sent by NOW under Friedan's signature to government officials demanding faster action to reduce sex discrimination, including a letter that helped persuade President Lyndon Johnson to add gender to Affirmative Action and open opportunities for millions of women. Unlike books relying on secondary sources, Fox's memoir is built mainly from her own Feminism Files containing hundreds of letters, clippings, notes, and photographs that she archived.

Provides a variety of queer, interdisciplinary interventions upon the social and legal regulation of sex,gender, reproduction, and family.In Enticements, an exceptional group of interdisciplinary scholars comes together to contribute to the field of Queer Legal Studies. The essays investigate a wildly proliferating assortment of genders, sexualities, and intimacies, questioning how they have been regulated, criminalized, or privileged by law and other regulatory forces.Enticements expands and expounds on the discipline of queer legal studies. Contributors focus on a wide range of sex/gender regulatory regimes, interrogating the use and abuse of queer history for impact litigation and social change, colonial and postcolonial sex laws otherwise obscured by the modern LGBT paradigm of sexual identity, and the policing of trans and cis men. Moving beyond a focus on LGBT identities, contributors consider limits to reproductive freedom, the Christianization of social justice movements, and the politicization of care within and across Black and feminist studies. Accessible and forward-looking, Enticements consolidates and emboldens queer legal studies as a critical, necessary field for the historical present.With noted contributions from Libby Adler, Chris Ashford, Matthew Ball, Noa Ben-Asher, Mary Anne Case, Brenda Cossman, Joseph J. Fischel, Janet Halley, Zachary Herz, Ratna Kapur, Ido Katri, Evelyn Kessler, Ummni Khan, Kyle Kirkup, Jennifer C. Nash, Senthorun Raj, and Matthew Waites.

This is the first comprehensive guide to the rules of organised political activity in Britain and the standards of conduct expected of those involved in it.Organised politics involves not only political parties (their members, leaders, officials, and elected representatives in local and national governments) but also trade unions, charities, lobbyists and others. This book codifies the statutory and case law regulating their activity, including much not addressed elsewhere.It provides detailed and practical guidance on establishing and operating political parties, the rights of party members and powers of committees, electing party leaders, selecting candidates, party discipline, controlling political factions, holding meetings, political campaigning by charities and trade unions, lobbying, Parliamentary conduct and standards, and other matters. This accessible guide is designed for those needing to ensure that political office-holders act lawfully, for those who want to hold them to account, for lawyers, politicians (eg MPs, peers, local councillors, mayors, and electoral candidates) ordinary party members and others involved in political activity, and for students and everyone interested in how politics works.

The Law of Class Action: Fifty-State Survey 2024 is a valuable tool for both in-house and outside counsel who confront the prospect of litigating class actions in state forums with which they may have little or no experience and must make informed recommendations on removal. Succinct summaries are prepared by litigators from each of the respective states and address changes in rules and statutes as well as significant case law. These summaries are extremely useful in understanding state court rules essential to practitioners and parties alike.

Legal Research and Writing for Paralegals emphasizes the skills and issues that paralegals encounter in practice. Thoroughly up to date, the Tenth Edition continues to combine clear text with visual aids, writing samples, tips, and pointers. Designed specifically for paralegal students, Deborah Bouchoux's classroom-tested approach teaches cutting-edge research skills, writing style, and proper citation form to equip students with an essential skill set and well-founded confidence. The author's logical and comprehensive approach enhances students'understanding. Part I covers Primary Authorities, Part II discusses Secondary Authorities, and Part III covers the basics of Legal Writing. In addition, Bouchoux integrates writing strategies into each research chapter to demonstrate the link between the two processes. The text thoroughly explains proper citation form and updating/validating legal authorities. The Legal Writing section includes samples of legal writing, such as letters, a court brief, and a legal memorandum.New to the Tenth Edition: Significant focus on newer technologies available to legal researchers such as Lexis+ Brief Analysis, Westlaw Edge's Quick Check, and more. Coverage of the use of analytics tools now used by legal professionals, such as Lexis+ Context. An entirely new section in Chapter 11 on the use of artificial intelligence (AI) in legal research. Expanded section on techniques to achieve gender-inclusive language. A new section in Chapter 15 on using tech tools such as ProWritingAid, BriefCatch, WordRake, NoRedInk, and Cooley GO to improve writing. A new section on texting and confidentiality issues in Chapter 16. A completely revamped and expanded discussion on e-memos in Chapter 17. Revised throughout with new ethics alerts and updated figures. All new Research Questions and Internet Legal Research Assignments included in each chapter. Professors and students will benefit from:Clear pedagogy designed to enhance the accessibility of the material. Targeted and ample exercises help students learn how to use a wide range of research sources. Charts and practice tips, updated for this edition, help students apply what they have learned. Thorough coverage of electronic research with chapters on both Internet research and fee-based services.

Featuring Deborah E. Bouchoux's highly regarded assignments, examples, and building-block approach, Concise Guide to Legal Research and Writing, Fifth Edition continues to provide timely coverage of the essential research and writing skills used by today's legal professionals. Designed to be accessible and practical, this is the ideal text for shorter legal research and writing courses. New to the Fifth Edition: Significant focus on newer technologies available to legal researchers such as Lexis+ Brief Analysis, Westlaw Edge's Quick Check, and more. Coverage of the use of analytics tools now used by legal professionals, such as Lexis+ Context. An entirely new section in Chapter 8 on the use of artificial intelligence (AI) in legal research. Expanded section on techniques to achieve gender-inclusive language. A new section in Chapter 14 on using tech tools such as ProWritingAid, BriefCatch, WordRake, NoRedInk, and Cooley GO to improve writing. A new section on texting and confidentiality issues in Chapter 15. A completely revamped and expanded discussion on e-memos in Chapter 16. Revised throughout with new ethics alerts and updated figures. All new Research Questions and Internet Legal Research Assignments included in each chapter. Professors and students will benefit from: Concise, well-organized text, divided into six main sections: Section I discusses primary authorities Section II covers secondary sources Section III focuses on computer-assisted legal research using Lexis, Westlaw, and the Internet Section IV covers citation form and how to ensure that primary sources are still'good law'Section V provides an overview of the legal research process Section VI covers legal writing Pedagogy designed to enhance the accessibility of the material, including helpful charts and diagrams that synthesize complex topics, updated Practice Tips offering realistic and helpful suggestions for workplace success, and Ethics Alerts in every chapter. Targeted and ample exercises help students learn how to use a wide range of research sources. Tips on how to effectively use electronic resources are included throughout the text.

A collection of US Justice Ruth Bader Ginsburg's legal writings spanning her career, featuring her arguments, opinions, and dissents. US Supreme Court Justice Ruth Bader Ginsburg spent her life defying notions about women. She garnered the status of a cultural icon, the “Notorious RBG.” Her life story is inspirational, and her work ethic is aspirational. Ginsburg's dissents on behalf of liberal values have been lauded. She has been the subject of films and books, and her image has even been featured on everything from T-shirts to scented candles. But what is known about how her viewpoint shaped the development of law in the United States from the 1970s to 2020? The Way Women Are collects a broad range of Justice Ginsburg's legal writings, shedding light on who she was and what she contributed to American jurisprudence. The book begins with her arguments before the Supreme Court as a women's rights advocate in the 1970s. It proceeds to her opinions and dissents as a member of the Court. The opinions range from United States v. Virginia (1996) to Little Sisters of the Poor (2020)—a case she participated in from her hospital bed. Also included are a brief biography of Ginsburg and introductions to the writings that explain the background, issues, and laws involved in each case. Additionally, the collection includes oral arguments and bench announcements of decisions to make the issues more accessible. Altogether, The Way Women Are sketches an enlightening portrait of an extremely influential American jurist.

Written in vivid prose and with a keen eye for detail, Women's Equality in America is a valuable resource for understanding the issues and trends that dominate public discourse in discussions of women's rights and gender equality in America.Since its inception, the women's equality movement in America has been criticized for moving too slowly, moving too quickly, being too demanding, or not being demanding enough. Some of its goals have aroused passionate opposition in those who believed women's equality contradicted not only basic human biology, but also the word of God. Meanwhile, Americans voice starkly different opinions about where women stand in their quest for equality in American workplaces, classrooms, boardrooms, and homes.Women's Equality in America: Examining the Facts presents sensibly organized and accurate summaries of the relevant facts concerning all of these claims and counterclaims. But while the volume is primarily concerned with providing an accurate picture of the state of women's equality in the 21st century, it also provides vital contextual coverage of major historical turning points and important historical figures, from leaders of the Seneca Falls women's rights convention in 1848 to the organizers of the #MeToo movement.

This edited volume presents a distinctive approach for exploring pedagogical frameworks, methods, and strategies for teaching thematically about women's rights using social studies trade books. After an introductory chapter by Jeremiah Clabough that provides a compelling rationale for thematic teaching of women's rights issues and controversial topics, Natalie Keefer and Tori Flint situate the remaining chapters within the context of theory and research on women's rights issues and include a discussion of implications and considerations for the role multiple literacies have in advancing women's rights in North America and beyond. In subsequent chapters, a diverse assemblage of respected scholars within the field of social studies education introduce important women who advanced women's human rights in the United States, paired with a notable trade book about their life, challenges, and achievements. Then, chapter authors describe student-centered pedagogies, with inquiry-based pedagogies aligned with the NCSS C3 Framework, that teachers can implement with upper elementary and middle school students to seamlessly integrate literacy and social studies for the purpose of thematically teaching about women's rights.

The authoritative guide M&A professionals have relied on for 35 years—with critical new insights and approaches based on lessons learned from major events and trends of the 2020s For senior executives, bankers, attorneys, accountants, and others, The Art of M&A is the go-to resource for anyone conducting or advising on M&A transactions. It guides you through all phases of the process, covering strategy, valuation, financing, structuring, due diligence, negotiation, closing, and integration/divestitures. Complete with updated research, case law, tax codes, accounting standards, and regulations, this new edition reflects important changes in practices, market trends, court decisions, and state and federal regulations. Updates include: • New deal examples throughout, from Kroger's/Albertson to X Holdings I, Inc./Twitter. • The latest Delaware legal cases affecting merger agreements, including “fiduciary out” and “material adverse change” clauses critical to buyers and sellers alike. • Brand-new topics, such as de-SPACing, locked-boxes, the one percent U.S. buyback tax, and the pending global minimum tax. The Art of M&A is an indispensable resource for anyone engaged in envisioning, structuring, closing, and prospering from deals that benefit everyone involved.

In the United States and elsewhere, the questions of who should serve as a judge and how these judges should be chosen are increasingly contested. In Litigating Judicial Selection, Herbert Kritzer examines these questions with a comprehensive analysis of judicial-selection litigation over time and place. With a data set of over 2,000 cases from around the world, Kritzer offers new insight into the judicial selection by way of in-depth statistical analysis and an extensive narrative description of several important case studies. This book should be read by anyone seeking insight into the way judges are selected in the twenty-first century.

Constitutional Law: Cases, Materials, and Problems, Sixth Edition by Russell L. Weaver and Steven Friedland is a casebook designed as a teacher's book by stimulating thought, inviting discussion, and helping professors more effectively teach. Its thought-provoking problem approach encourages students to delve deeper into constitutional doctrine and gives them an accessible and interesting way to learn constitutional issues. Problems at the beginning of each chapter are referenced throughout the text for continuity. Principal constitutional law cases are edited as lightly as possible to allow the Supreme Court to speak for itself, with shorter notes that accompany the problems.This new edition is much shorter than previous editions so that it can be comfortably taught in a four credit, one semester course. This casebook makes Constitutional Law accessible and teachable. It will help students understand constitutional theory, lead students to greater insights, generate classroom interactivity and provide a platform for inspired learning. The casebook includes problems with many different models and formats. Many problems are factual in nature and are designed to encourage students to ponder how constitutional doctrine might apply in particular contexts. In some instances, these fact-based problems are premised upon actual cases, including U.S. Supreme Court cases. Other problems are theoretical in nature and are simply designed to help students better understand constitutional doctrine.New to the Sixth Edition. The sixth edition includes many new cases. Among them are: Dobbs v. Jackson Women's Health Organization (the abortion decision) Students for Fair Admissions v. Harvard and Students for Fair Admission v. University of North Carolina (the affirmative action decision) West Virginia v. EPA (the major questions doctrine) Biden v. Nebraska)the student loan case) Professors and students will benefit from: ● Lightly edited cases allow students to see the fullest possible analysis of the law. ● Diverse perspectives are presented on constitutional interpretation, federalism, and public policy. ● An emphasis on federalism and other oft-marginalized topics– compared to other constitutional law casebooks, this text spends considerable time on federalism, balance of powers, and other topics that are sometimes only given passing reference. ● A complete examination of Second Amendment rights and executive power.

Business Organizations Law in Focus, Third Edition, provides a thorough introduction to the key attributes, advantages, and disadvantages of every form of for-profit business organization in the United States, including: partnerships, limited liability companies, and corporations. The practice-oriented approach of the Focus Casebook Series elucidates the legal and practical aspects of business organizations through real-world scenarios that provide numerous opportunities for students to apply theory to practice and solidify their understanding of key concepts. Clear exposition and Case Previews support independent learning and focus case analysis. New to the Second Edition: Significantly more editing of cases with an eye towards making case excerpts shorter and more accessible to students. New cases in Chapters 1 and 2 that address veil piercing, the creation of an agency relationship, agent authority, and principal liability in a manner that is (more) accessible to students. Expanded coverage of LLCs in Chapter 12, including a newly-added cases and related exercises addressing the primacy of the operating agreement in LLC governance and LCC dissolution standards New cases and exercises in Chapter 9 highlighting the new universal test for demand futility under Rule 23.1 (the Zuckerberg case) and the continued evolution of Delaware's Caremark corporate monitoring and oversight doctrine A newly-added Delaware Supreme Court case in Chapter 10 in which shareholders of AmerisourceBergen--one of the world's leading wholesale distributors of opioid painkillers--sought to exercise their inspection rights under DGCL Section 200 to investigate whether the firm had engaged in wrongdoing in connection with the distribution of opioids A newly-added case in Chapter 7 addressing preferred stock attributes and the relationship between common stock and preferred stock. Additional and expanded references to Model Business Corporation Act (MBCA) standards across Chapters 8, 9, and 10 Updated coverage of the proxy system and proxy regulation, securities offering rules and regs, and developments in insider trading law New and/or updated cases and'spotlight'sections that address a variety of timely issues, including'unicorns'(start-up businesses with a valuation of at least $1 billion), so-called'shadow'trading, claims involving opioid manufacturers, and corporate governance matters involving #MeToo claims. Professors and students will benefit from: Features that engage students in applying theory to practice, such as Real Life Applications, Application Exercises, and Applying the Concepts. Experiential exercises on drafting documents and preparing appropriate filings. An overview in Chapter One of the various forms of business organization and their key attributes, advantages, and disadvantages. An emphasis on contemporary principal cases and issues that resonate with today's students and fuel class discussion. Clear exposition of legal principles, so students can absorb assigned reading on their own, and professors don't have to explain it from the lectern in class. Attention to legal ethics and rules of professional responsibility that commonly arise in the representation of business entities.