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Developing judgment about practicing law
David McGowan
The third edition retains its focus on contextual judgment and problem-solving. Drawing on input from both clients and lawyers, it helps students spot risky situations, avoid risk if possible, or extricate themselves from trouble if necessary. The third edition tracks changes in the law regarding discrimination and harassment, judicial ethics, and control of privilege in corporate transactions. It refines coverage of practical topics such as common interest agreements, advance waivers, client and lawyer use of social media, and flat-fee retainers.
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Reflections on Crime and Culpability: Problems and Puzzles
Larry Alexander and Kimberly Kessler Ferzan
In 2009 Larry Alexander and Kimberly Ferzan published Crime and Culpability: A Theory of Criminal Law. The book set out a theory that those who deserve punishment should receive punishment commensurate with, but no greater than, that which they deserve. Reflections on Crime and Culpability: Problems and Puzzles expands on their innovative ideas on the application of punishment in criminal law. Theorists working in criminal law theory presuppose or ignore puzzles that lurk beneath the surface. Now those who wish to examine these topics will have one monograph that combines the disparate puzzles in criminal law through a unified approach to culpability. Along with some suggestions as to how they might resolve the puzzles, Alexander and Ferzan lay out the arguments and analysis so future scholars can engage with questions about our understanding of culpability that very few have addressed.
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International trade law: including Trump and trade in a nutshell
Ralph H. Folsom
This Nutshell focuses on customs and tariff law, regulation of imports and exports, trade remedies against import competition, foreign corrupt practices, technology transfers, free trade agreements and customs unions, the law of the World Trade Organization, and President Trump and his trade policies.
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You Don't Own Me: How Mattel v. MGA Entertainment Exposed Barbie's Dark Side
Orly Lobel
The battle between Mattel, the makers of the iconic Barbie doll, and MGA, the company that created the Bratz dolls, was not just a war over best-selling toys, but a war over who owns ideas. When Carter Bryant began designing what would become the billion-dollar line of Bratz dolls, he was taking time off from his job at Mattel, where he designed outfits for Barbie. Later, back at Mattel, he sold his concept for Bratz to rival company MGA. Law professor Orly Lobel reveals the colorful story behind the ensuing decade-long court battle. This entertaining and provocative work pits audacious MGA against behemoth Mattel, shows how an idea turns into a product, and explores the two different versions of womanhood, represented by traditional all-American Barbie and her defiant, anti-establishment rival--the only doll to come close to outselling her. In an era when workers may be asked to sign contracts granting their employers the rights to and income resulting from their ideas--whether conceived during work hours or on their own time--Lobel's deeply researched story is a riveting and thought-provoking contribution to the contentious debate over creativity and intellectual property.
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Pagans and Christians in the city: culture wars from the Tiber to the Potomac
Steven D. Smith
Traditionalist Christians who oppose same-sex marriage and other cultural developments in the United States wonder why they are being forced to bracket their beliefs in order to participate in public life. This situation is not new, says Steven D. Smith: Christians two thousand years ago faced very similar challenges.
Picking up poet T. S. Eliot’s World War II–era thesis that the future of the West would be determined by a contest between Christianity and “modern paganism,” Smith argues in this book that today’s culture wars can be seen as a reprise of the basic antagonism that pitted pagans against Christians in the Roman Empire. Smith’s Pagans and Christians in the City looks at that historical conflict and explores how the same competing ideas continue to clash today. All of us, Smith shows, have much to learn by observing how patterns from ancient history are reemerging in today’s most controversial issues.
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The Racial Glass Ceiling: Subordination in American Law and Culture
Roy L. Brooks
Why does racial equality continue to elude African Americans even after the election of a black president? Liberals blame white racism while conservatives blame black behavior. Both define the race problem in socioeconomic terms, mainly citing jobs, education, and policing. Roy Brooks, a distinguished legal scholar, argues that the reality is more complex. He defines the race problem African Americans face today as a three-headed hydra involving socioeconomic, judicial, and cultural conditions. Focusing on law and culture, Brooks defines the problem largely as racial subordination: 'the act of impeding racial progress in pursuit of nonracist interests.' Racial subordination is little understood and under acknowledged, yet it produces devastating and even deadly racial consequences that affect both poor and socioeconomically successful African Americans. Brooks addresses a serious problem, in many ways more dangerous than overt racism, and offers a well reasoned solution that draws upon the strongest virtues America has exhibited to the world.
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Principles of International Trade Law: including the World Trade Organization, Technology Transfers, and Import/Export/Customs Law
Ralph Folsom
The essentials of international trade law/the WTO -- United States trade and tariff law -- Customs classification, valuation, and origin -- Antidumping duties -- Subsidies and countervailing duties -- Safeguard proceedings, trade adjustment assistance -- U.S. nontariff trade barriers and disputes -- Counterfeit and IP infringing imports -- Gray market imports -- United States export controls -- United States boycott laws -- United States anti-boycott law -- Foreign corrupt practices -- Unilateral U.S. Section 301 trade sanctions -- Technology transfers across borders -- An early commentary on trade policy under the Trump administration
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European Union law including Brexit in a nutshell
Ralph H. Folsom
Old Europe -- New Europe, BREXIT -- Law-making in Europe -- Litigating European law -- Free movement -- Internal policies -- External trade and foreign investment law -- Business competition (Antitrust) Law
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Principles of European Union law: including BREXIT
Ralph H. Folsom
This advanced, detailed guide provides a comprehensive review of laws and policies of the European Union. Chapter 1 looks at the history of the European Union including BREXIT. Chapters 2 and 3 focus on critical EU processes behind lawmaking and litigation. Chapter 4 examines the free movement of goods, services, capital, and people (including mass migration), while Chapter 5 covers a broad selection of internal EU legal regimes concerning business law, ranging from taxation to agriculture. The EU's complex external trade, foreign investment and customs law is analyzed in Chapter 6. Antitrust law and regulation of business agreements are covered in Chapter 7. The Treaty on European Union and the Treaty on the Functioning of the European Union, along with the EU Charter of Fundamental Freedoms, are reproduced in Appendices
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Principles of International Business Transactions
Ralph H. Folsom, Michael W. Gordon, Michael P. Van Alstine, and Michael D. Ramsey
This book is designed to provide a deeper analysis of the subject matter for users of the authors' popular problem-oriented coursebook, International Business Transactions, and its three spin-offs: Contracting Across Borders, Trade and Economic Relations, and Foreign Investment Law, as well as for legal practitioners as a resource for research and analysis.
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California civil procedure
Walter W. Heiser
Written for those upper-level law students who intend to practice law in California, this casebook emphasizes those aspects of California Civil Procedure that are significantly different that the federal system. California Civil Procedure has several goals. First, upon completion of a course using this casebook, students will be prepared to competently conduct civil litigation in the California courts. Furthermore, this book examines the procedural advantages and disadvantages of litigating in the California courts as opposed to federal courts so new lawyers can make an informed choice between filing an action is one system or the other. This casebook also provides students with a brief summary of the federal or general position on each major topic as a basis of comparison and as a review of first-year civil procedure.
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Foreign Investment Law in a Nutshell
Ralph H. Folsom
Foreign investment is commonplace around the globe. Inbound and outbound foreign investment flows are massive as home country investors merge or acquire existing businesses or establish new companies in host countries. Investors purchase stocks and bonds on foreign exchanges, and sometimes foreign sovereign debt. The sums involved are staggering. Unlike international trade law governed significantly by the World Trade Organization, no uniform body of foreign investment law exists. Hence foreign investment law is predominantly national in character and varies considerably. Foreign Investment Law in a Nutshell reviews the law, practice, regulation and dispute settlement of foreign investment. Following the Nutshell tradition, citations are minimized creating a book that reads easily. Students, academics, lawyers, government officials and people in business will find it useful. After introducing entry and operational control patterns found primarily in the developing world, notably expropriation, this Nutshell focuses on investing in China, Europe and North America as case studies. It also explores the multitude of foreign investment treaties (BITs) and the dynamic law of NAFTA on foreign investment. The controversial foreign investor-host state arbitration systems for disputes established under BITs and NAFTA are closely examined.
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International business transactions: a problem-oriented coursebook
Ralph H. Folsom, Michael W. Gordon, Michael P. Van Alstine, and Michael D. Ramsey
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Understanding secured transactions
William H. Lawrence, William H. Henning, and R. Wilson Freyermuth
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Understanding civil procedure
Walter W. Heiser, Gene R. Shreve, Peter Raven-Hansen, and Charles Gardner Geyh
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Talent Wants to Be Free: Why We Should Learn to Love Leaks, Raids, and Free Riding
Orly Lobel
This timely book challenges conventional business wisdom about competition, secrecy, motivation, and creativity. Orly Lobel, an internationally acclaimed expert in the law and economics of human capital, warns that a set of counterproductive mentalities are stifling innovation in many regions and companies. Lobel asks how innovators, entrepreneurs, research teams, and every one of us who experiences the occasional spark of creativity can triumph in today's innovation ecosystems. In every industry and every market, battles to recruit, retain, train, energize, and motivate the best people are fierce. From Facebook to Google, Coca-Cola to Intel, JetBlue to Mattel, Lobel uncovers specific factors that produce winners or losers in the talent wars. Combining original behavioral experiments with sharp observations of contemporary battles over ideas, secrets, and skill, Lobel identifies motivation, relationships, and mobility as the most important ingredients for successful innovation. Yet many companies embrace a control mentality--relying more on patents, copyright, branding, espionage, and aggressive restrictions of their own talent and secrets than on creative energies that are waiting to be unleashed. Lobel presents a set of positive changes in corporate strategies, industry norms, regional policies, and national laws that will help talent flow, creativity, and growth. This vital and exciting book reveals why everyone wins when talent is set free. In 2016, Lobel was invited to the White House to present the ideas of Talent Wants to be Free. As a result of that meeting, President Obama issued a Call-for-Action to rethink the dynamics of the talent wars. This is an essential read for anyone interested in leadership, markets, competition, entrepreneurship, creativity and innovation.
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Law's Evolution and Human Understanding
Laurence Claus
When should we follow the law? How can we know what law's words mean? What is law? Law's Evolution and Human Understanding presents fresh and surprising answers to these questions. In an account alive with the stories of our shared human history, Laurence Claus explains why we should discard the old idea that legal rules tell us what to do, and instead see law as a system of sayings that evolves among humans to help us better understand each other. When driving on public roads, when buying and selling, and in countless other aspects of our work and play, we depend on law to let us know what other people are likely to do and to expect of us. Through fast-paced pages of anecdote and argument, Law's Evolution and Human Understanding explains the revolutionary consequences of seeing law as truly what Oliver Wendell Holmes called it: systematized prediction. The book reveals how this vision of law can transform our thinking about the way we make moral decisions, about the way we read law, and about many other ways that law affects our lives.
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International trade and economic relations in a nutshell
Ralph H. Folsom, Michael W. Gordon, John A. Spanogle, and Michael P. Van Alstine
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The Law of Discrimination: Cases and Perspective
Roy L. Brooks, Gilbert Paul Carrasco, and Michael Selmi
This casebook introduces students to discrimination cases and doctrine in the United States. Authors Brooks (U. of San Diego School of Law), Carrasco (Willamette U.), and Selmi (George Washington U. School of Law) have sought to include a diversity of perspectives that underpin or challenge the canon. The material covers discrimination based on race, of course, but also includes coverage of protection for women, language minorities, older workers, and the disabled, as well as consideration of issues connected to affirmative action policies. In addition to the above, chapters also discuss constitutional tort cases and discrimination in education, public accommodations, housing, employment, and the administration of justice.
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