A Recipe for Balanced Tort Reform, Early Offers with Swift Settlements Publisher Carolina Academic Press 2008
by Jeffrey O'Connell and
Christopher J. RobinetteThis book begins with detailed and evocative accounts of the workings of several actual personal injury cases with all their turbulence and tribulations. It then closely analyzes the (one-sided) tort reforms, both proposed and enacted, that leave too much of the present dysfunctional system intact, while even further undermining it. The authors provide a detailed account of a proposed reform: a device for encouraging defendants’ “Early Offers” of claimants’ economic losses designed to benefit both sides as well as society generally. This system, while greatly lessening the daunting uncertainty and delay plaguing personal injury claims today, would also make far better use of the resources that are expended. The book ends with an economic analysis documenting the dramatic savings in time and money from the early offers reform, exemplified in medical malpractice and product liability cases. Book synopsis courtesy of
Carolina Academic Press.
A Practical Guide to Legal Writing and Legal Method (3rd ed.) Publisher Aspen 2007 (Cloth)
by
John Dernbach, Richard Singleton, Cathleen Wharton, Joan Ruhtenberg, and
Catherine Wasson.
This concise, readily accessible text focuses first-year law student on learning the basic principles of legal writing and analysis. Starting with a straightforward introduction to law and legal method and moving on to the basics of legal writing, the text then explores the specifics of writing memos and briefs. The book presents the essential skills of legal reasoning and analysis in a straightforward manner that allows each teacher--and student--to use the material in his or her own way. Students are taught legal analysis in tandem with legal writing, concentrating on the basic principles of legal method and how to apply those principles in legal writing. Legal reasoning and writing are presented in a simple and understandable manner, through the use of a series of accessible and simple guidelines. Focused exercises allow students to practice the guidelines presented in the text. Finally, extensive appendices with examples of office memos, trial briefs, and appellate briefs allow students to see how the lessons in the text are used to create the documents that they will write as lawyers. A classic in the field, the book has been redesigned and updated to appeal to a new generation of law students.
Reconciliation in Divided Societies Finding Common Ground December 2006 (Cloth)
by
Erin Daly and Jeremy Sarkin
A volume in the Pennsylvania Studies in Human Rights series.
Erin Daly is Professor of Law at Widener University in Wilmington, Delaware, specializing in American and comparative constitutional law. She is a member of the American Society of International Law and the U.S. Association of Constitutional Law. She is co-author of this book which looks to the future as much as to the past. The authors maintain that reconciliation requires fundamental political and economic reform along with personal healing if it is to be effective in establishing lasting peace and stability. Reconciliation, they argue, is best thought of as a means for transformation. It is the engine that enables victims to become survivors and divided societies to transform themselves into communities where people work together to raise children and live productive, hopeful lives. Reconciliation in Divided Societies shows us how this transformation happens so that we can all gain a better understanding of how, and why, reconciliation actually works.
Book Reviews:
International Journal of Transitional Justice book review;
Australian Journal of Human Rights book review; "
Negotiation Journal" (Harvard Law School, Program on Negotiation)
International Law and World Order: A Problem-Oriented Coursebook 4th ed. (Hardcover)
by
Andrew Strauss
Publisher Thomson West 2006.
Professor Strauss is co-author of the fourth edition of this leading casebook on international law with Burns Weston of the University of Iowa, Richard Falk of Princeton University and Hilary Charlesworth of the Australian National University. Professor Strauss was responsible for all of the materials on international economic law including the North American Free Trade Agreement, the World Trade Organization, international intellectual property law, international monetary law, the law regarding foreign expropriation, international banking, international litigation and international jurisdiction. He also updated the materials on international environmental law. The book, weighing in at over 1500 pages, also includes an accompanying supplement of legal documents necessary for working through the casebook problems, as well as a teacher's manual.
Keatinge and Conaway on Choice of Business Entity Selecting Form and Structure for a Closely-Held Business
by
Ann E. Conaway Publisher Thomson West (2006) ISBN 13: 978-0-314-96002-3
Professor Conaway co-authored this book for the practicing bar with Robert R. Keatinge. It is written from the perspective of the client, and provides a thorough analysis of each different business entity format and which to choose depending on the business activities and the needs of the owners. It includes a well-annotated discussion of both state and federal tax issues specific to determining which entity to choose. The analytical framework includes three different approaches. A horizontal approach which compares the characteristics of the different entities and structures. A vertical approach which identifies the characteristics that are important to a particular type of business (this analysis distinguishes it from other publications discussing entity choice). Then it has an approach integrating the issues to assist attorneys in the resolution of conflicts so that a final choice can be made to structure the organization.
Products Liability And Basic Tort Law (Paperback)
by
Martin A. KotlerPublisher Carolina Academic Press (2005) ISBN 0-89089-247-4
Professor Kotler wrote this book to supplement any other casebook adopted in a Products Liability course. It traces the development of modern products liability and tort doctrine, and analyzes many of the hot topics in products liability law and tort law. The book puts products liability law into its larger context of tort law, by devoting large sections to basic tort principles of duty, actual and proximate cause, damages, defenses and third party claims for indemnity and contribution. Thus, the book also serves as a valuable supplement to any casebook used for the first-year torts class. The book clarifies underlying issues, and frequently shows why and where recent lines of cases and developing doctrine fit in or, fail to fit into traditional legal concepts and understandings about the roles of judges, juries and legislatures. This aspect of the book provides practicing attorneys with a valuable asset in structuring legal arguments in cases.
Toxic Torts in a Nutshell 3d (Paperback)
by
Jean Macchiaroli Eggen
Publisher Thomson West (2005) ISBN#0-314-15905-3
Professor Eggen's book covers an area of tort law that is rapidly gaining prominence, and developing its own jurisprudence. The law of toxic torts involves a convergence of private and public law which creates unique problems and challenges. The book introduces the reader to the study of toxic torts. It identifies the theories of liabilities, including the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). The book also focuses on special defendants in this area of law, as well as the defenses, theories of causation, injuries, and damages that can be unique to toxic torts. It discusses mass toxic torts and includes an important discussion and analysis of the issues surrounding environmental tobacco smoke.
Writing Essay Exams To Succeed (Not Just To Survive)by
John DernbachPublisher Aspen (2006) ISBN 0735562822
Professor Dernbach wrote this book to de-mystify the process of writing an essay exam. It is written as a clear, concise and straightforward guide for both pre-law and law school students as they develop the strong essay-writing skills that will give them the needed confidence and ability to succeed in taking essay exams. The book also illustrates how to avoid common the pitfalls of essay exams. The book includes a rich supply of visual aids, examples, and practical advice. The samples exam questions in the Appendices include several variations on the answer that illustrate strong writing to further enhance the books value to students.