Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 30 of 47

Full-Text Articles in Law

Elder Law And Special Needs Planning (2019), Bernard A. Krooks, Elizabeth Valentin Dec 2019

Elder Law And Special Needs Planning (2019), Bernard A. Krooks, Elizabeth Valentin

Books

Part One, written by Bernard A. Krooks, Esq., examines the scope and practice of elder law in New York State, covering areas such as Medicaid, long-term care insurance, powers of attorney and health care proxies. Part Two, written by Jessica R. Amelar, Esq., gives the attorney a step-by-step overview of the drafting of a will, from the initial client interview to the will execution.

This practice guide provides an extensive overview to the practice of elder law, special needs planning and will drafting for attorneys entering this field. Health care proxies and related documents, conflicts of interest and ethical considerations, …


Sexuality Law (Third Edition) (2019), Arthur S. Leonard, Patricia A. Cain Jan 2019

Sexuality Law (Third Edition) (2019), Arthur S. Leonard, Patricia A. Cain

Books

Legal issues arising from the sexual diversity of our society are front and center in many legal fields. The Supreme Court, which selectively controls its docket, now considers sexuality-related cases almost every term, and the pace of litigation in lower courts keeps increasing. Responding to the surge of new developments, the authors have reorganized the front end of the book to emphasize the diversity of issues by providing a chronological journey through the Supreme Court’s treatment of sexuality law issues from the middle of the twentieth century to the present. Chapters on sexual orientation and gender identity issues in the …


Citizen Capitalism: How A Universal Fund Can Provide Influence And Income To All (2019), Lynn A. Stout, Sergio Gramitto, Tamara Belinfanti Jan 2019

Citizen Capitalism: How A Universal Fund Can Provide Influence And Income To All (2019), Lynn A. Stout, Sergio Gramitto, Tamara Belinfanti

Books

Corporations have a huge influence on the life of every citizen--this book offers a visionary but practical plan to give every citizen a say in how corporations are run while also gaining some supplemental income. It lays out a clear approach that uses the mechanisms of the private market to hold corporations accountable to the public.

This would happen through the creation of what the authors call the Universal Fund, a kind of national, democratic, mega mutual fund. Every American over eighteen would be entitled to a share and would participate in directing its share voting choices. Corporations and wealthy …


Privacy As Trust: Information Privacy For An Information Age (2018), Ari Ezra Waldman Jan 2018

Privacy As Trust: Information Privacy For An Information Age (2018), Ari Ezra Waldman

Books

It seems like there is no such thing as privacy anymore. But the truth is that privacy is in danger only because we think about it in narrow, limited, and outdated ways. In this transformative work, Ari Ezra Waldman, leveraging the notion that we share information with others in contexts of trust, offers a roadmap for data privacy that will better protect our information in a digitized world. With case studies involving websites, online harassment, intellectual property, and social robots, Waldman shows how 'privacy as trust' can be applied in the most challenging real-world contexts to make privacy work for …


Mental Disability Law: Cases And Materials, 3rd Ed (2017), Michael L. Perlin, Heather Ellis Cucolo, Alison Lynch Jan 2017

Mental Disability Law: Cases And Materials, 3rd Ed (2017), Michael L. Perlin, Heather Ellis Cucolo, Alison Lynch

Books

This comprehensive casebook covers all areas of civil commitment law, institutional rights law, community rights law, sex offenders law, and the Americans with Disabilities Act. Mental Disability Law also explores all aspects of the criminal process, including all criminal competencies, the insanity defense, trial practice issues, sentencing and the death penalty. It is the only casebook available that considers the important factors that have shaped mental disability law — sanism, pretextuality, heuristics and false “ordinary common sense.” The third edition includes expanded new sections on therapeutic jurisprudence and international human rights law.


A Practical Companion To The Constitution: The Cumulative Supplement 2nd Series 2008-2017, Jethro K. Lieberman Jan 2017

A Practical Companion To The Constitution: The Cumulative Supplement 2nd Series 2008-2017, Jethro K. Lieberman

Books

This book serves as a supplement to A Practical Companion to the Constitution. It is a comprehensive update of constitutional topic from 2008-2017.


The Lawyer's Guide To Writing Well (Third Edition) (2016), Tom Goldstein, Jethro K. Lieberman Jan 2016

The Lawyer's Guide To Writing Well (Third Edition) (2016), Tom Goldstein, Jethro K. Lieberman

Books

In this critically acclaimed book, Tom Goldstein and Jethro K. Lieberman demystify legal writing, outline the causes and consequences of poor writing, and prescribe easy-to-apply remedies to improve it. Reflecting changes in law practice over the past decade, this revised edition includes new sections around communicating digitally, getting to the point, and writing persuasively. It also provides an editing checklist, editing exercises with a suggested revision key, usage notes that address common errors, and reference works to further aid your writing. This straightforward guide is an invaluable tool for practicing lawyers and law students.


Special Education Law And Practice: Cases And Materials (2016), Deborah N. Archer, Richard D. Marsico Jan 2016

Special Education Law And Practice: Cases And Materials (2016), Deborah N. Archer, Richard D. Marsico

Books

Special Education Law and Practice is an experientially-focused casebook that also serves as a reference for attorneys who practice special education law and anyone interested in learning about the special education process. The casebook covers substantive special education rights, racial disparities in special education, discipline, procedural protections, federal court litigation, remedies, and attorneys' fees. Each chapter begins with a problem, rich in facts and law, that places the student in the position of an attorney trying to resolve a problem for a client using that chapter's materials. Comprehensive notes expand the areas covered by featured cases.


Sexuality, Disability, And The Law: Beyond The Last Frontier? (2016), Michael L. Perlin, Alison Lynch Jan 2016

Sexuality, Disability, And The Law: Beyond The Last Frontier? (2016), Michael L. Perlin, Alison Lynch

Books

Sexuality, Disability, and the Law approaches issues of sexual autonomy and disability from multiple perspectives, including constitutional law, international human rights, therapeutic jurisprudence, history, cognitive psychology, dignity studies, and theories and findings on gender constructs and societal norms. Perlin and Lynch determine that if our society continues to assert that persons with mental disabilities possess a primitive morality, we allow ourselves to censor their feelings and their actions. By denying their ability and desires to show love and affection, we justify this disparate treatment. Our reliance on stereotypes has warped our attitudes and our policies, and has allowed us to …


Gendered Law In American History (2016), Richard Chused, Wendy Williams Jan 2016

Gendered Law In American History (2016), Richard Chused, Wendy Williams

Books

Gendered Law in American History is a remarkable compendium of over thirty years of research and teaching in the field. It explores an array of social, cultural, and legal arenas from the turn of the nineteenth to the middle of the twentieth centuries, including concepts of citizenship at the founding of the republic, the development of married women’s property laws, divorce, child custody, temperance, suffrage, domestic and racial violence before and after the Civil War, protective labor legislation, and the use of legal history testimony in legal disputes. It is both an invaluable reference tool and an important new teaching …


The Law Book: From Hammurabi To The International Criminal Court, 250 Milestones In The History Of Law (Sterling), Michael Roffer Nov 2015

The Law Book: From Hammurabi To The International Criminal Court, 250 Milestones In The History Of Law (Sterling), Michael Roffer

Books

The Law Book explores 250 of the most significant legal issues, cases, trials, and events that have profoundly changed our world. Although the heaviest emphasis is on American law it also touches on more than a dozen countries and the European Union, laws relating to Antarctica and Outer Space, and principles of international law. Among the topics it explores are the earliest legal codes, the role of juries, slavery and emancipation, civil rights, Native Americans, copyright, the press and free speech, immigration, censorship and obscenity, the environment, war and international relations, war crimes and trials, the insanity defense, taxation, prohibition, …


Construction And Development Financing V1 & V2, Marshall E. Tracht, Alvin L. Arnold Nov 2015

Construction And Development Financing V1 & V2, Marshall E. Tracht, Alvin L. Arnold

Books

Providing innovative strategies for financing land acquisitions, construction, and development, Construction and Development Financing covers every aspect of negotiating ADC financing. Allowing fast, easy and on-point research, this book covers:

• The consequences of default

• Environmental assessments

• ADA compliance

• New money sources

• Lender liability

• Stalled nonresidential construction

• New FHA rules for condominiums

• Mitigating construction fraud

• A new program of tax credits

Section titles discuss:

• Land loans

• Land development loans

• Construction loans: application, underwriting approval, and commitment

• Enforcement and workouts

• Other financing transactions

• Public policy

• Much …


An Introduction To Contemporary International Law: A Policy-Oriented Perspective 3rd Ed., Lung-Chu Chen Jan 2015

An Introduction To Contemporary International Law: A Policy-Oriented Perspective 3rd Ed., Lung-Chu Chen

Books

Dr. Lung-chu Chen is an internationally recognized scholar and Professor of Law at New York Law School, specializing in international law, human rights, and the United Nations.

This book introduces the reader to all major aspects of contemporary international law. It applies a policy-oriented perspective, a highly acclaimed approach developed by a group known as the New Haven School that views international law not as a fixed set of rules but as an ongoing process of decision making through which the members of the world community identify, clarify, and secure their common interests. Unlike conventional works in international law, this …


Examples And Explanations: Sales And Leases 7th Ed., James Brook Jan 2015

Examples And Explanations: Sales And Leases 7th Ed., James Brook

Books

This book is an approachable and practical study guide to sales law, specifically UCC Articles 2 and 2A, providing brief textual introductions to standard definitions and concepts, followed by provocative examples, questions, and analyses.

Relying on the standard examples-and-explanation pedagogy, Sales and Leases: Examples & Explanations is an accessible, clearly written study guide for any student studying sales law, commercial law, commercial transactions law and contract law.

It gives you an organized way of working through the various sections, definitions, concepts, and controversies that make up the modern law of sales and lease of goods as rendered in Article 2 …


Real Estate Transactions: Cases And Materials On Land Transfer, Development And Finance, 6th Ed., Gerald Korngold Jan 2015

Real Estate Transactions: Cases And Materials On Land Transfer, Development And Finance, 6th Ed., Gerald Korngold

Books

This casebook covers all the major aspects of real estate transactions, running the gamut from residential transactions to sophisticated commercial development. Highlights of the new edition include:

Revamped mortgage materials to reflect the subprime and mortgage finance crisis, ensuing foreclosure issues, and new regulation; new cases and materials on the core elements of the real estate transaction, including contract conditions, remedies, and the deed; new cases and materials in other sections of the book, including, among others, recording, condominiums, commercial development, and bankruptcy; a new subsection on green buildings; and a revised structure for the book, including consolidation and streamlining …


Cases And Text On Property 6th Ed., Susan F. French, Gerald Korngold Jan 2015

Cases And Text On Property 6th Ed., Susan F. French, Gerald Korngold

Books

Cases and Text on Property, Sixth Edition, preserves the character of its esteemed predecessors with:

Introductory chapters that unveil the important historical perspective that infuses the book as the authors put contemporary property law in historical context; classic cases and absorbing text that match the high standard of quality established by the late Casner and Leach; problems that are seamlessly integrated with cases and notes; a broad scope of coverage that ranges from interests protected as property, to title transfers, landlord and tenant law, housing discrimination, and land-use regulation.


Corporate Finance, Jeffrey J. Haas Jan 2014

Corporate Finance, Jeffrey J. Haas

Books

This Hornbook is an indispensable resource for both legal practitioners focusing on business and finance as well as students taking classes in business associations, corporate finance and mergers and acquisitions. The book expertly lays out the fundamentals of corporate finance from a legal and business perspective in a manageable, user-friendly manner. The author highlights how accounting, finance and corporate law intersect and operate synergistically. The book provides an in-depth analysis of how the law affects both equity securities (common stock and preferred stock) and debt securities (bonds, debentures and notes), as well as a company’s capital structure generally.


Regulation Of Derivative Financial Instruments (Swaps, Options, And Futures), Ronald H. Filler, Jerry W. Markham Jan 2014

Regulation Of Derivative Financial Instruments (Swaps, Options, And Futures), Ronald H. Filler, Jerry W. Markham

Books

As a result of the Dodd-Frank Act Wall Street Reform and Consumer Protection Act of 2010, derivatives regulation has become a hot topic on Wall Street and is, therefore, of much interest to law firms with financial institutions as clients. An increasing number of classes on this subject are being taught at law schools around the country, but, to date, there has been no casebook on the subject.

This casebook explores the regulation of swaps, futures and options by the Commodity Futures Trading Commission and the Securities and Exchange Commission. It examines the regulatory history of derivative instruments and traces …


Drafting New York Wills And Related Documents 4th Ed., William P. Lapiana, Mark Ira Bloom, Harold D. Klipstein Jan 2014

Drafting New York Wills And Related Documents 4th Ed., William P. Lapiana, Mark Ira Bloom, Harold D. Klipstein

Books

A complete drafting system for New York wills, trusts, and advance directives. This 4th edition includes not only wills, but also revocable trusts, powers of attorney for property, directives on disposition of remains, health care proxies, living wills and directives against resuscitation (DNRs). Relevant tax considerations are included throughout the text.

Wills are still the primary subject of the work as the the first 17 chapters are devoted to the planning and drafting of wills. The non-wills area of practice is handled in Chapters 18-21.


Examples & Explanations: Secured Transactions 6th Edition, James Brook Jan 2014

Examples & Explanations: Secured Transactions 6th Edition, James Brook

Books

This workbook is designed to give you an organized way of working through various sections, definitions, concepts, and controversies that make up the modern law of secured transactions as rendered in Article 9 of the Uniform Commercial Code.

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 …


Law, Culture And Visual Studies, Richard K. Sherwin Jan 2014

Law, Culture And Visual Studies, Richard K. Sherwin

Books

This highly interdisciplinary reference work brings together diverse fields including cultural studies, communication theory, rhetoric, law and film studies, legal and social history, visual and legal theory, in order to document the various historical, cultural, representational and theoretical links that bind together law and the visual.

This book offers a breath-taking range of resources from both well-established and newer scholars who together cover the field of law’s representation in, interrogation of, and dialogue with forms of visual rhetoric, practice, and discourse. Taken together this scholarship presents state of the art research into an important and developing dimension of contemporary legal …


The Death Of Punishment: Searching For Justice Among The Worst Of The Worst, Robert I. Blecker Jan 2013

The Death Of Punishment: Searching For Justice Among The Worst Of The Worst, Robert I. Blecker

Books

For twelve years Robert Blecker, a criminal law professor at New York Law School, wandered freely inside Lorton Central Prison, armed only with cigarettes and a tape recorder.The Death of Punishment tests legal philosophy against the reality and wisdom of street criminals and their guards. Some killers' poignant circumstances should lead us to mercy; others show clearly why they should die. After thousands of hours over twenty-five years inside maximum security prisons and on death rows in seven states, Professor Blecker exposes the perversity of justice: Inside prison, ironically, it's nobody's job to punish. Thus the worst criminals often …


Federal Income Taxation Of Business Enterprises 4th Ed., Richard A. Westin, Richard C.E. Beck, Sergio Pareja Jan 2012

Federal Income Taxation Of Business Enterprises 4th Ed., Richard A. Westin, Richard C.E. Beck, Sergio Pareja

Books

This book provides teaching materials for a basic income taxation course dealing with the taxation of partnerships, corporations, S corporations, and limited liability companies. In addition, it alludes to a short list of other business enterprises. It can definitely be completed in the usual three hours assigned to such courses, on the assumption that students will spend two hours of preparation for each hour in the classroom.

The book begins with the study of partnerships, moves to C corporations, then to S corporations, then to limited liability companies. In general, the authors take a cradle-to-grave approach to each subject. Their …


Fdr And Chief Justice Hughes: The President, The Supreme Court, And The Epic Battle Over The New Deal, James F. Simon Jan 2012

Fdr And Chief Justice Hughes: The President, The Supreme Court, And The Epic Battle Over The New Deal, James F. Simon

Books

By the author of acclaimed books on the bitter clashes between Jefferson and Chief Justice Marshall on the shaping of the nation’s constitutional future, and between Lincoln and Chief Justice Taney over slavery, secession, and the presidential war powers. Roosevelt and Chief Justice Hughes's fight over the New Deal was the most critical struggle between an American president and a chief justice in the twentieth century.

The confrontation threatened the New Deal in the middle of the nation’s worst depression. The activist president bombarded the Democratic Congress with a fusillade of legislative remedies that shut down insolvent banks, regulated stocks, …


Inside Wills And Trusts: What Matters And Why, William P. Lapiana Jan 2012

Inside Wills And Trusts: What Matters And Why, William P. Lapiana

Books

Inside Wills and Trusts: What Matters and Why offers students a concise, student-friendly study aid that provides a big-picture view of how all of the essential elements of this field fit together as part of a coherent framework of legal theory and practice. Using a wide variety of pedagogical aids, this new addition to the successful Inside Series offers basic coverage of the main themes of wills and trusts law, focusing on what matters and why, while providing students multiple opportunities for review.


Visualizing Law In The Age Of The Digital Baroque: Arabesques & Entanglements, Richard K. Sherwin Jan 2011

Visualizing Law In The Age Of The Digital Baroque: Arabesques & Entanglements, Richard K. Sherwin

Books

Visualizing Law in the Age of the Digital Baroque explores the profound impact that visual digital technologies are having on the practice and theory of law. Today, lawyers, judges, and lay jurors face a vast array of visual evidence and visual argument. From videos documenting crimes and accidents to computer displays of their digital simulation, increasingly, the search for fact-based justice inside the courtroom is becoming an offshoot of visual meaning making. But when law migrates to the screen it lives there as other images do, motivating belief and judgment on the basis of visual delight and unconscious fantasies and …


Cases, Materials And Problems In Property (Third Edition), Richard H. Chused Jan 2010

Cases, Materials And Problems In Property (Third Edition), Richard H. Chused

Books

This casebook raises interesting and challenging problems concerning the development of property law. Property concepts are introduced through cutting edge issues, such as intellectual property, rights of publicity, and ownership rights in the human body. Historical dimensions are presented through discussions of laws which formerly excluded certain individuals from most forms of ownership and property control, such as Native Americans, African Americans, and women. The text covers traditional topics: estates in land, landlord and tenant laws, transfers of property, private land use controls, and constitutional limitations on public land use controls.


Sexuality Law 2nd Ed. (2015 Online Supplements), Arthur S. Leonard, Patricia A. Cain Jan 2009

Sexuality Law 2nd Ed. (2015 Online Supplements), Arthur S. Leonard, Patricia A. Cain

Books

This book brings together materials from a variety of legal disciplines to explore the interaction of legal policy and human sexuality. It keeps abreast with current LGBT issues with regular supplements. The authors have released the 2015 supplement online. It can be viewed here.


The Founding Fathers Reconsidered, Richard B. Bernstein Jan 2009

The Founding Fathers Reconsidered, Richard B. Bernstein

Books

Here is a vividly written and compact overview of the brilliant, flawed, and quarrelsome group of lawyers, politicians, merchants, military men, and clergy known as the "Founding Fathers"--who got as close to the ideal of the Platonic "philosopher-kings" as American or world history has ever seen.

In The Founding Fathers Reconsidered, R. B. Bernstein reveals Washington, Franklin, Jefferson, Adams, Hamilton, and the other founders not as shining demigods but as imperfect human beings--people much like us--who nevertheless achieved political greatness. They emerge here as men who sought to transcend their intellectual world even as they were bound by its …


Lincoln And Chief Justice Taney: Slavery, Secession, And The President's War Powers, James F. Simon Jan 2007

Lincoln And Chief Justice Taney: Slavery, Secession, And The President's War Powers, James F. Simon

Books

The clashes between President Abraham Lincoln and Chief Justice Roger B. Taney over slavery, secession, and the president's constitutional war powers went to the heart of Lincoln's presidency. James Simon, author of the acclaimed What Kind of Nation, brings to vivid life the passionate struggle during the worst crisis in the nation's history, the Civil War. The issues that underlaid that crisis -- race, states' rights, and the president's wartime authority -- resonate today in the nation's political debate.