Twenty-First Century Procedure

Twenty-First Century Procedure
Author: Christopher B. Mueller
Publisher: Aspen Publishing
Total Pages: 1340
Release: 2017-03-12
Genre: Law
ISBN: 145488715X

Twenty-First Century Procedure, Second Edition presents the major themes of U.S. civil litigation – the adversary system, our dedication to the use of juries in civil cases, our American brand of federalism and its impact on the judicial system and litigation generally, and the relatively recent development of managerial judging – for an introductory course on civil procedure. With its contemporary perspective, Twenty-First Century Procedure includes discussion of modern problems, such as E-discovery and the requirement of careful scrutiny during the certification stage of class suits. The skillful pedagogy evident throughout the book is designed to provide context for the understanding of doctrines and issues, and to stimulate classroom discussion. Expository text introduces students to the issues, followed by carefully edited cases that resolve some of the more important isssues, practical Problems, and Notes and Questions that aid the process of analysis. Pictures and sidebars provide additional context and pique student interest. A statutory supplement is published annually.

Twenty-First Century Civil Procedure

Twenty-First Century Civil Procedure
Author: Christopher B. Mueller
Publisher: Aspen Publishing
Total Pages: 1461
Release: 2022-01-31
Genre: Law
ISBN: 154383907X

Twenty-First Century Civil Procedure, Third Editionpresents the major themes of U.S. civil litigation—the adversary system, our dedication to the use of juries in civil cases, our American brand of federalism and its impact on the judicial system and litigation generally, and the relatively recent development of managerial judging—for an introductory course on civil procedure. With its contemporary perspective, Twenty-First Century Civil Procedureincludes discussion of modern problems, such as e-discovery and the requirement of careful scrutiny during the certification stage of class suits. The skillful pedagogy evident throughout the book is designed to provide context for the understanding of doctrines and issues, and to stimulate classroom discussion. Expository text introduces students to the issues, followed by carefully edited cases that resolve some of the more important issues, practical Problems, and Notes and Questions that aid the process of analysis. Pictures and sidebars provide additional context and pique student interest. A statutory supplement is published annually. New to the Third Edition: New cases—including Bristol-Myers Squibb Co. v. Superior Court of California; Ford Motor Co. v. Montana Eighth Judicial District Court; and Ford Motor Co. v. Bandemer Streamlined—the Third Edition is approximately 10% shorter Professors and students will benefit from: Ample expository text introducing doctrines and issues in context Exploration of major themes in civil litigation, including the adversary system, use of juries, the federal structure of our judicial system, and the advent of managerial judging Comprehensive treatment of federalism, including Erie doctrine, pre-emption, abstention, and anti-suit injunctions Examination of jury entitlement without all the lengthy and inconclusive that add complexity and obscurity to the subject Detailed coverage of post-verdict challenges (new trial and JMAL motions, additur and remittitur)

The Colorado Doctrine

The Colorado Doctrine
Author: David Schorr
Publisher: Yale University Press
Total Pages: 287
Release: 2012-11-27
Genre: Law
ISBN: 0300189044

DIV Making extensive use of archival and other primary sources, David Schorr demonstrates that the development of the “appropriation doctrine,” a system of private rights in water, was part of a radical attack on monopoly and corporate power in the arid West. Schorr describes how Colorado miners, irrigators, lawmakers, and judges forged a system of private property in water based on a desire to spread property and its benefits as widely as possible among independent citizens. He demonstrates that ownership was not dictated by concerns for economic efficiency, but by a regard for social justice. /div

The Past, Present, and Future of American Criminal Justice

The Past, Present, and Future of American Criminal Justice
Author: Brendan Maguire
Publisher: Rowman & Littlefield
Total Pages: 244
Release: 1996
Genre: Law
ISBN: 9781882289400

Today's criminal justice system is the product of adjustments and reappraisals of policies and practices of the past. The Past Present, and Future of American Criminal Justice highlights how criminal justice has changed and how it continues to change.

Oil and Gas Implied Covenants for the Twenty-First Century: The Next Steps in Evolution

Oil and Gas Implied Covenants for the Twenty-First Century: The Next Steps in Evolution
Author: John Burritt McArthur
Publisher: Juris Publishing, Inc.
Total Pages: 416
Release: 2014-09-01
Genre: Law
ISBN: 1578233402

Oil-and-Gas Implied Covenants for the Twenty-First Century: The Next Step in Evolution is the first book in over 75 years to be devoted to the implied covenants that courts apply to oil-and-gas and other natural-resource leases. Implied covenants, which apply to all oil-and-gas and other natural-resource leases that use a royalty structure, are hugely important. The United States has reclaimed its position as the world's largest natural-gas producer, it may soon again become the largest oil producer, and the oil-and-gas industry once again is rapidly growing. All this production comes from leased land. And the covenants are the basic body of law, an oilfield common law, developed to carry out the basic purpose of these leases. Oil-and-Gas Implied Covenants features an extended treatment of the issue of greatest controversy in recent years: whether the lessee has to bear all costs of making oil or gas "marketable," or instead can deduct some of those costs from the landowner's interest. Oil-and-Gas Implied Covenants also focuses on the duty to drill additional zones or formations. This affects many shale and other unconventional reservoirs -- the main sources of the surge in oil and gas production over the last decade. Many of these leases are being held by older wells producing from conventional reservoirs. The implied duty to develop and explore should empower lessors to force drilling into the new, unconventional reservoirs, too. If prices begin to drop and lessees begin cutting back on drilling, this duty will end up being a major litigation weapon in the geographic areas into which production is expanding today. On another issue that will be vitally important in the future but has received far too little recognition, the author surveys the law on environmental cleanup and restoration. It is the author's recommendation that lessor and lessee would be better served by treating these issues under a new contract-based implied duty to restore rather than the current treatment under the torts of negligence, nuisance, and trespass. The author also recommends that courts consider a new implied duty to disclose material facts and a new duty limiting costs deducted from the royalty share to actual, reasonable costs. Finally, Oil-and-Gas Implied Covenants illustrates how covenants should apply to hard minerals and other natural resources leased on a royalty-structure basis. And it identifies the areas where implied covenants should be useful to parties in international arbitration and litigation. Thus it points to important new applications of this settled body of law.

Cameras in the Courtroom

Cameras in the Courtroom
Author: Marjorie Cohn
Publisher: Rowman & Littlefield
Total Pages: 220
Release: 2002
Genre: Law
ISBN: 9780742520233

Looking at the effects of both allowing and barring television coverage of legal proceedings, Cohn (the Thomas Jefferson School of Law) and Dow, a retired CBS News correspondent, examine landmark televised trials, including those of O. J. Simpson and William Kennedy Smith, and analyze the impact of CourtTV and the history of cameras in American courtrooms. Interviews with judges, attorneys, jurors, and legal scholars shed light on the subject. This paperback reprint features a new preface by the authors, on the effect of excluding television cameras from the trial of a September 11th terrorist. Annotation copyrighted by Book News, Inc., Portland, OR

From the Closet to the Courtroom

From the Closet to the Courtroom
Author: Michael Bronski
Publisher: Beacon Press
Total Pages: 285
Release: 2010-06-01
Genre: Law
ISBN: 0807000795

The advancement of LGBT rights has occurred through struggles large and small-on the streets, around kitchen tables, and on the Web. Lawsuits have also played a vital role in propelling the movement forward, and behind every case is a human story: a landlord in New York seeks to evict a gay man from his home after his partner of ten years dies of AIDS; school officials in Wisconsin look the other way as a gay teenager is repeatedly and viciously harassed by other students; a lesbian couple appears unexpectedly at a clerk's office in Hawaii seeking a marriage license. Engaging and largely untold, From the Closet to the Courtroom explores how five pivotal lawsuits have altered LGBT history. Beginning each case narrative at the center-with the litigants and their lawyers-law professor Carlos Ball follows the stories behind each crucial lawsuit. He traces the parties from their communities to the courtroom, while deftly weaving in rich sociohistorical context and analyzing the lasting legal and political impact of each judicial outcome. Over the last twenty years, no group of attorneys has helped to transform this country more than LGBT rights lawyers, and surprisingly, their collective accomplishments have received relatively little attention. Ball remedies that by exploring how a band of largely unheralded civil rights lawyers have attained remarkable legal victories through skill, creativity, and perseverance. In this richly layered and multifaceted account, Ball vividly documents how these judicial victories have significantly altered LGBT lives today in ways that were unimaginable only a generation ago.

Complex Justice

Complex Justice
Author: Joshua M. Dunn
Publisher: UNC Press Books
Total Pages: 239
Release: 2012-09-01
Genre: Political Science
ISBN: 1469606607

In 1987 Judge Russell Clark mandated tax increases to help pay for improvements to the Kansas City, Missouri, School District in an effort to lure white students and quality teachers back to the inner-city district. Yet even after increasing employee salaries and constructing elaborate facilities at a cost of more than $2 billion, the district remained overwhelmingly segregated and student achievement remained far below national averages. Just eight years later the U.S. Supreme Court began reversing these initiatives, signifying a major retreat from Brown v. Board of Education. In Kansas City, African American families opposed to the district court's efforts organized a takeover of the school board and requested that the court case be closed. Joshua Dunn argues that Judge Clark's ruling was not the result of tyrannical "judicial activism" but was rather the logical outcome of previous contradictory Supreme Court doctrines. High Court decisions, Dunn explains, necessarily limit the policy choices available to lower court judges, introducing complications the Supreme Court would not anticipate. He demonstrates that the Kansas City case is a model lesson for the types of problems that develop for lower courts in any area in which the Supreme Court attempts to create significant change. Dunn's exploration of this landmark case deepens our understanding of when courts can and cannot successfully create and manage public policy.