Beyond the Casebook
Author:
Publisher:
Published: 1990
Total Pages: 758
ISBN-13:
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Author: Carrie J. Menkel-Meadow
Publisher: Aspen Publishing
Published: 2018-09-14
Total Pages: 819
ISBN-13: 1543803105
DOWNLOAD EBOOKDispute Resolution: Beyond the Adversarial Model, Third Edition provides a comprehensive look at the current state of ADR. For each area of Negotiation, Mediation, Arbitration, and Hybrid processes, the text incorporates four key aspects: the theoretical framework defining the process; the skills needed to practice it; the ethical issues implicated in its use and how to counsel users of such processes; and legal and policy analyses, with questions and problems within the text. New to the Third Edition: A shorter, more compact book designed to be student-friendly Exercises and discussion problems throughout Designed for one chapter to be covered each week of a typical ADR course The latest on Online Dispute Resolution, Dispute System Design, Supreme Court decisions on arbitration, and empirical work on mediation and negotiation Professors and students will benefit from: Comprehensive, current coverage. The theory, skills, ethical issues, and legal and policy analyses relevant to all key areas of contemporary ADR practice—Negotiation, Mediation, Arbitration, and hybrid and multi-party processes and their appropriate uses—are thoroughly covered using a rich range of up-to-date cases and readings. Authored by the leading scholars and teachers in the field of Dispute Resolution. The authors are award winning and recognized for their scholarship, teaching, practice, policy making, and standards drafting throughout the wide range of particular ADR processes. Practical approach to problem-solving. The text engages students as active participants in resolving human and legal problems, using individual or combined resolution processes in varying gender, race, and cultural contexts. International and multi-party dispute resolution. These important, high-interest contexts and applications are thoroughly covered in discrete chapters. Readings balance theory and theory-in-use. Readings include cases, behaviorally and critically based articles, examples, empirical studies, and relevant statutory and other regulatory material to illuminate the challenge of balancing rules and laws with the economic and emotional constraints inherent in disputes. Challenging, relevant readings. The text includes a wide range of perspectives, from Fisher, Ury, and Patton’s Getting to Yes, Raiffa’s Art and Science of Negotiation, and materials on modern deliberative democracy, group facilitation and decision making, counseling clients about uses of ADR, enforcement of negotiation, and mediation agreements. Key cases include AT&T v. Concepcion and other recent Supreme court cases on arbitration. Teaching materials include: Numerous role-plays and simulations for skills development Suggested teaching exercises, syllabi and “answers” to problem boxes found in text Recommendations for supplemental materials, such as videos and transcripts Examination and paper suggestions for each chapter
Author: Lawrence Lessig
Publisher: Oxford University Press
Published: 2019-04-03
Total Pages: 596
ISBN-13: 0190932562
DOWNLOAD EBOOKThe fundamental fact about our Constitution is that it is old -- the oldest written constitution in the world. The fundamental challenge for interpreters of the Constitution is how to read that old document over time. In Fidelity & Constraint, legal scholar Lawrence Lessig explains that one of the most basic approaches to interpreting the constitution is the process of translation. Indeed, some of the most significant shifts in constitutional doctrine are products of the evolution of the translation process over time. In every new era, judges understand their translations as instances of "interpretive fidelity," framed within each new temporal context. Yet, as Lessig also argues, there is a repeatedly occurring countermove that upends the process of translation. Throughout American history, there has been a second fidelity in addition to interpretive fidelity: what Lessig calls "fidelity to role." In each of the cycles of translation that he describes, the role of the judge -- the ultimate translator -- has evolved too. Old ways of interpreting the text now become illegitimate because they do not match up with the judge's perceived role. And when that conflict occurs, the practice of judges within our tradition has been to follow the guidance of a fidelity to role. Ultimately, Lessig not only shows us how important the concept of translation is to constitutional interpretation, but also exposes the institutional limits on this practice. The first work of both constitutional and foundational theory by one of America's leading legal minds, Fidelity & Constraint maps strategies that both help judges understand the fundamental conflict at the heart of interpretation whenever it arises and work around the limits it inevitably creates.
Author: Christine A. Klein
Publisher: Aspen Publishing
Published: 2018-02-01
Total Pages: 1804
ISBN-13: 1454897570
DOWNLOAD EBOOKOffering broad national coverage on an array of topics, Natural Resources Law, Fourth Edition conveys the drama behind resource disputes and policy and the love-of-place. Most cases are introduced with a photo or map of the place, along with a context-setting paragraph. Each group of cases—both foundational cases as well as new decisions—begins with a factually rich discussion problem tailored to the cases that follow. Many problems mirror traditional essay exam questions; others raise contemporary policy issues. This highly teachable book groups readings into discrete, assignment-sized chunks of 25-40 pages, allowing coverage of 2-4 cases or one problem during each class section. The main emphasis is on primary sources, and each chapter opens with relevant statutory and regulatory sections.
Author: Symeon Symeonides
Publisher: West Academic Publishing
Published: 2003
Total Pages: 952
ISBN-13:
DOWNLOAD EBOOKThroughout the book, there is extensive information about the law and practice of other mostly civil-law countries that provides an opportunity for instructive comparative discussion. One chapter is devoted to international conflict, and another chapter is focused on conflict in cyberspace.
Author: Mary Beth Beazley
Publisher: Aspen Publishing
Published: 2021-01-31
Total Pages: 485
ISBN-13: 154382322X
DOWNLOAD EBOOKThis book hits the sweet spot between books that focus only on briefs and books that try to do too much. Expertly written and constructed by Mary Beth Beazley and Monte Smith, Briefs and Beyond: Persuasive Legal Writing gives law professors options to supplement a persuasive writing course with complaints, demand letters, and other persuasive documents while not overwhelming their students. Professors and student will benefit from: A behavioral approach to legal writing A focus on how documents look as well as what they say Sidebars that answer students’ common questions as they go along Effective formulas for legal writing that ease the writing process Many examples of both good and bad writing throughout that illustrate concepts covered in the text
Author: Randy E. Barnett
Publisher: Aspen Publishing
Published: 2023-02-28
Total Pages: 473
ISBN-13:
DOWNLOAD EBOOKAn Introduction to Constitutional Law teaches the narrative of constitutional law as it has developed historically and provides the essential background to understand how this foundational body of law has come to be what it is today. This multimedia experience combines a book and video series to engage students more directly in the study of constitutional law. All students—even those unfamiliar with American history—will garner a firm understanding of how constitutional law has evolved. An eleven-hour online video library brings the Supreme Court’s most important decisions to life. Videos are enriched by photographs, maps, and audio from the Supreme Court. The book and videos are accessible for all levels: law school, college, high school, home school, and independent study. Students can read and watch these materials before class to prepare for lectures or study after class to fill in any gaps in their notes. And, come exam time, students can binge-watch the entire canon of constitutional law in about twelve hours.
Author: Donald L. Doernberg
Publisher:
Published: 2013
Total Pages: 0
ISBN-13: 9780314283689
DOWNLOAD EBOOKThe text is largely structured as before, but offers new teaching/learning possibilities because of the interactive features. There has been major restructuring of Chapters 1 (Justiciability) and 11 (Habeas Corpus) to make them more teachable. Chapter 3 reflects changes in the Court's approach to federal-question jurisdiction, with Merrell Dow fading into the background, replaced by Grable and Gunn v. Minton. The text also includes the two significant standing cases decided at the very end of the October 2012 Term: Hollingsworth v. Perry and Windsor v. United States.
Author: Shoshana Levin Fox
Publisher: Routledge
Published: 2020-12-29
Total Pages: 298
ISBN-13: 1000296105
DOWNLOAD EBOOKDrawing from the author’s extensive clinical experience, this autism casebook offers stimulating reflections and a fresh perspective on how we assess, diagnose, and ultimately treat young children thought to be autistic. Challenging what she perceives as the rampant over-diagnosis and misdiagnosis of autism, and the commonly accepted status of autism as an unchangeable trait, Dr. Levin Fox illustrates how the developmental play strategies of DIRFloortime, combined with the creative psychological perspective of Reuven Feuerstein, create an effective way of identifying the child's strengths behind the autistic symptoms. The chapters are an accessible mix of clinical insights, theoretical reflections and vivid case stories that argue and illustrate that qualitative assessment methods based on play have the power to yield a more accurate clinical understanding of a child's difficulties—and strengths—than conventional symptom-focused autism assessment methods. This engaging casebook will stimulate practitioners, educators and students in the field of autism to question commonly held assumptions when assessing and treating autistic children, as it both urges and illustrates more reflective practice. Parents of children considered autistic will find renewed encouragement and hope in these enlightening case stories.
Author: Douglas G. Baird
Publisher: Aspen Publishers
Published: 1990
Total Pages: 212
ISBN-13:
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