Art Law & Transactions presents art law along a transactional timeline of acquisition, ownership, and disposition. Issues are framed within an art market orientation to immediately challenge students to think like lawyers. The transactional focus reveals the uneven development of art law as works of art alternate between ordinary commercial status and exceptional status. The chapters on Acquisition explore the three major acquisition venues (from an artist, a dealer, or at auction) and the core legal issues of authenticity and title. The chapters on Ownership begin with crossing borders, followed by moral rights, and art loans. Disposition concludes the transactional timeline with sales and exchanges (echoing acquisition), gratuitous dispositions (to family, friends, and charities), and valuation. Historic and contemporary vignettes from the domestic and international art world are sprinkled throughout the book to engage the reader and to underscore art law s roots and global impact. In addition to traditional and current art law cases, the transactional format uniquely incorporates student drafting exercises. For example, the first Chapter, "Acquisition from an Artist," includes two commission agreements one by an artist, the other by a lawyer. Students can readily see what each party values and use that to fashion an agreement for Mr. Smith, the hypothetical client. Mr. Smith appears regularly throughout the book: buying through a dealer, importing from abroad, lending to a museum, acting as an estate fiduciary, and bequeathing art in his will. The exercises are optional and could be used as team projects or negotiation exercises. Statutory materials, international treaties, and conventions are provided on a CD.
Author: Anne-Marie Rhodes
As the world's largest economy, the Unites States imports and exports more merchandise than any other country. This book covers the “nuts and bolts” of laws administered by U.S. Customs and Border Protection (“CBP”), the agency charged with regulating imports into the U.S. and collecting duties, import fees, and related taxes. Those laws and regulations center on the tariff classification of merchandise under the Harmonized System (as set forth in the Harmonized Tariff Schedule of the U.S.), the valuation of goods under the GATT (now WTO) Valuation Agreement, and the rules (both preferential and non-preferential) for determining “country of origin.” The book also covers the entry and recordkeeping process for imports, intellectual property protection, CBP's penalty regime, the use of preferential trade programs (specifically examining the North American Free Trade Agreement and its attendant Rules of Origin and Regional Value Content calculations), marking requirements, and the relationship of income tax transfer pricing rules in determining how inter-company pricing impacts declared customs values and, thus, global corporate income taxes. The system of judicial review by the U.S. Court of International Trade and U.S. Court of Appeals for the Federal Circuit is also covered. Finally, the book summarizes the requirements of 47 other federal agencies that CBP is charged with administering and enforcing with respect to imported merchandise.
Author: Damon V. Pike,Lawrence M. Friedman
Kentucky Legal Research can be used as a textbook for teaching both first-year and advanced legal research courses, and in paralegal instruction. It is written in clear language with a process-oriented approach designed to make complex procedures accessible to readers. The first chapter discusses the research process and the rudiments of legal analysis. Following chapters discuss the state constitution, researching judicial opinions in law reporters, statutory research, finding the legislative history of statutes, and administrative law. The book concludes with chapters on court rules, updating with citators, secondary sources, and online legal research. There is an appendix that briefly discusses legal citation under Kentucky rules and customs, the Bluebook, and the ALWD manual. The second edition features revised and expanded chapters on citators and online research. The administrative law chapter has been expanded and new databases such as Bloomberg Law are now included throughout the text.
Author: William A. Hilyerd,Kurt X. Metzmeier,David J. Ensign
Category: Legal research
Cases and Materials
Author: Robert C. Lind,Robert M. Jarvis,Marilyn E. Phelan
"Art, Cultural Heritage, and the Law is one of the first and most comprehensive legal casebooks to address the rapidly emerging fields of art and cultural heritage law. It is also distinctive in its extensive use of an interdisciplinary approach and images to illustrate the artworks discussed in the legal materials. This book addresses artists' rights (freedom of expression, copyright, and moral rights); the functioning of the art market (dealers and auction houses, warranties of quality and authenticity, transfer of title and recovery of stolen art works, and the role of museums), and finally cultural heritage (the fate of art works and cultural objects in time of war, the international trade in art works and cultural objects, the historic, archaeological and underwater heritage of the United States, and indigenous cultures, focusing on restitution of Native American cultural objects and human remains, and appropriation of indigenous culture).The third edition retains the basic structure of the earlier editions while updating case law, policies and events. It includes cutting edge legal developments, such as the new decisions in the Fisk University dispute, Bakalar v. Vavra, and Cassirer v. Spain, United States ratification of the 1954 Hague Convention, restitutions of ancient art works from US museums to Italy and other countries, and application of museum policies. Expanded and updated treatment is given to art merchant practices, functioning of the art market, and the use of civil forfeiture to recover illegally imported cultural objects."
Cases and Materials
Author: Patty Gerstenblith
Since 1991, when a panel of the General Agreement on Tariffs and Trade (GATT) found that U.S. import restrictions on tuna from countries with high dolphin mortality violated GATT's trade rules, an entire field of law has emerged called “Trade and the Environment.” This book provides a thorough and balanced assessment of this developing area of law that affects consumer, regulatory and trade policy choices for governments around the world. It encompasses trade agreements and the evolving jurisprudence, from the 1991 tuna-dolphin case up to actions on agricultural subsidies in late 2004.This book is designed to teach students with no prior background in trade law or environmental law. It is also designed to be equally accessible to students and professors from civil law as well as common law jurisdictions. Opening chapters present key trade and environmental policy theories and concepts, and introduce the structure of the World Trade Organization (WTO) and its process for adjudicating trade disputes. Substantive chapters comprehensively assess the GATT's core obligations and the “general exceptions” to those obligations for certain types of environmental measures. WTO agreements such as the Agreement on Technical Barriers to Trade, the Agreement on Application of Sanitary and Phytosanitary Measures, the Agreement on Subsidies and Countervailing Measures, and the Agreement on Agriculture are covered. There are substantial excerpts from decisions in the key trade-environment disputes, including the famous cases addressing protection of sea turtles in shrimp fisheries, growth hormones and risk assessment, natural resource and agricultural subsidies, and bans on the use of asbestos. Unresolved issues such as ecolabels and genetically modified foods and the legal status of trade measures in multilateral environmental agreements are also discussed. In addition, the book has a chapter on the North American Free Trade Agreement (NAFTA) and its environmental side agreement, including investment provisions and investor-State arbitration.Throughout, the book presents policy arguments about the connections between trade and environmental protection and the linkage with broader concerns about sustainable development and the economic and environmental prospects for developing countries. It also considers the work of international institutions created to address these connections and the role of public participation in both disputes and trade agreement negotiations.Because the complexity of trade and environment issues often obscures the real significance of the decisions, a special feature of this book is extensive background material and commentary and numerous “Questions and Discussion” points. These features are designed to make trade policy and trade jurisprudence accessible to teachers and students alike.
Law and Policy
Author: Chris Wold,Sanford E. Gaines,Greg Block
International Criminal Law provides a set of teaching materials furnishing students with a grounding in the transnational issues likely to arise in federal criminal cases, and also in the law produced as a consequence of international efforts to impose criminal responsibility on the perpetrators of human rights atrocities. International Criminal Law offers, for teaching purposes, a collection of cases (mainly domestic) and other materials, together with notes and questions about those cases and materials. The first part introduces the field of international criminal law, and includes a chapter on the general principles of both domestic and international law governing efforts to apply U.S. criminal law to foreign crimes and foreign criminals. The second part covers the specific application of those principles to cases involving the Foreign Corrupt Practices Act, antitrust and securities regulation, export controls, computer crimes, narcotics and money laundering, piracy and terrorism, and torture. The third part addresses procedural aspects of trying such cases in U.S. courts. This section also treats the extraterritorial application of the U.S. Constitution, immunities from jurisdiction, mutual assistance in criminal cases, extradition, alternatives to extradition, prisoner transfers, recognition of foreign criminal judgments, and the bearing on international human rights instruments on criminal procedure. The final part of International Criminal Law deals with the prosecution of international crimes, and takes up the question of what crimes constitute international crimes. This section also discusses the Nuremberg and Tokyo precedents, the ad hoc tribunals for the former Yugoslavia and for Rwanda, the Rome Statute of the International Criminal Court, and the substantive law of international crimes such as aggression, genocide, crimes against humanity, and war crimes. International Criminal Law is supplemented annually. This eBook features links to Lexis Advance for further legal research options.
Author: Ellen S. Podgor,Rodger S. Clark
The Second Edition of Understanding Immigration Law lays out the basics of U.S. immigration law in an accessible way to newcomers to the field. It offers background about the intellectual, historical, and constitutional foundations of U.S. immigration law. The eBook also identifies the factors that have historically fueled migration to the United States, including the economic "pull" of jobs and family in the United States and the "push" of economic hardship, political instability, and other facts of life in the sending country. In the middle chapters, the authors provide a capsule summary of the law concerning the admissions and removal procedures and criteria in the Immigration and Nationality Act. The book ends with a chapter speculating about the future of U.S. immigration law and the challenges and opportunities facing the nation. This eBook provides a comprehensive overview of U.S. immigration law. It has been designed to supplement the most widely adopted immigration law casebooks. The eBook versions of this title feature links to Lexis Advance for further legal research options.
Author: Kevin R. Johnson,Raquel Aldana,Bill Ong Hing,Leticia Saucedo
Provides a guide to legal citation information inthe United States. Compiled from the Columbia LawReview, 105th edition, c2005; Harvard Law Review,118th edition, c2005; Univ. of Pennsylvania LawReview, 153rd edition, c2005; and the Yale LawJournal, 114th edition, c2005. New edition offersthe Bluepages for beginning law students.
A Uniform System of Citation
Category: Citation of legal authorities
The Advanced Torts casebook is designed for courses on the major tort law subjects that are not included in the basic first-year tort courses. The popularity and consistent use of this casebook reflect the fact that the book is unique in its in-depth coverage of advanced torts subjects, which are now the principal growth areas of tort law. Subjects covered in Advanced Torts include defamation, the rights of privacy and publicity, harm to family relationships, wrongful birth, malicious prosecution, abuse of process, interference with common law civil rights, liability for economic loss, interference with contracts, interference with business relations, unfair competition, common law rights to literary and commercial creations and ideas, trade secrets, and other economic torts including injurious falsehood. The fourth edition maintains the casebook¿s clear organization and rich range of cases from not only the United States, but also England, Canada, Australia and other common law legal systems¿cases selected as the most valuable for instructional purposes as well as for their influence in shaping tort law. New cases and notes, addressing such developing areas as liability for defamation in Internet communications, bring the material fully up-to-date. The casebook has ample material for courses and seminars on economic torts (business torts) or defamation and privacy (tort law and the communications media).
Cases and Materials
Author: Peter B. Kutner,Osborne M. Reynolds (Jr.)
"In this original, far-reaching, and timely book, Justice Stephen Breyer examines the work of the Supreme Court of the United States in an increasingly interconnected world, a world in which all sorts of activity, both public and private--from the conduct of national security policy to the conduct of international trade--obliges the Court to understand and consider circumstances beyond America's borders. It is a world of instant communications, lightning-fast commerce, and shared problems (like public health threats and environmental degradation), and it is one in which the lives of Americans are routinely linked ever more pervasively to those of people in foreign lands. Indeed, at a moment when anyone may engage in direct transactions internationally for services previously bought and sold only locally (lodging, for instance, through online sites), it has become clear that, even in ordinary matters, judicial awareness can no longer stop at the water's edge. To trace how foreign considerations have come to inform the thinking of the Court, Justice Breyer begins with that area of the law in which they have always figured prominently: national security in its constitutional dimension--how should the Court balance this imperative with others, chiefly the protection of basic liberties, in its review of presidential and congressional actions? He goes on to show that as the world has grown steadily "smaller," the Court's horizons have inevitably expanded: it has been obliged to consider a great many more matters that now cross borders. What is the geographical reach of an American statute concerning, say, securities fraud, antitrust violations, or copyright protections? And in deciding such matters, can the Court interpret American laws so that they might work more efficiently with similar laws in other nations? While Americans must necessarily determine their own laws through democratic process, increasingly, the smooth operation of American law--and, by extension, the advancement of American interests and values--depends on its working in harmony with that of other jurisdictions. Justice Breyer describes how the aim of cultivating such harmony, as well as the expansion of the rule of law overall, with its attendant benefits, has drawn American jurists into the relatively new role of "constitutional diplomats," a little remarked but increasingly important job for them in this fast-changing world."--Publisher's description.
American Law and the New Global Realities
Author: Stephen Breyer
This book deals not only with the usual topics of international law - law of war and international tribunals - but also with some of the most widespread horrific human behavior. It opens with sex trafficking and closes with internet crimes, dealing in between with the spectrum of human violence from war crimes through terrorism and torture. It is reasonably compact but contains cases and statutes from every English-speaking jurisdiction and international tribunal as well as some other nations. It is easy to use this book in conjunction with online discussions and clips from movies and documentaries.
Author: Wayne McCormack
Publisher: West Academic Publishing
Category: International crimes
This is a casebook with an emphasis on Continental law, in a comparative, American-style format, with many references to U.S. and U.K. law. It illustrates the treatment of the most important topics of contract law by the various civil-law jurisdictions. Each chapter begins with an introductory exposition, comparing and contrasting the law of the various jurisdictions, with numerous examples. This is followed by cases drawn from France, Brazil, Lithuania, Quebec, Russia, and other jurisdictions, as well as some from the United States. Each chapter ends with a set of exercises. The book serves as a good introduction to the principles of European Contract Law, which is the first step taken by Europe towards a pan-European contracts code. It can be used to teach American law students about Continental law in a familiar, case-based, format. It can also be used for teaching comparative contract law to European law students in the Socratic method. A teacher's manual will be available.
A Transystemic Approach with an Emphasis on the Continental Law : Cases, Text and Materials
Author: Tadas Klimas
"Why Law Enforcement Organizations Fail dissects headline cases to examine how things go wrong in criminal justice agencies. New second edition cases include the deadly police assault on New Orleans' Danziger Bridge after Hurricane Katrina; the deaths of Amadou Diallo and Trayvon Martin; and Bernard Kerik's fall from 9/11 hero to federal prisoner. Highlight cases that remain from the first edition include the Jon Benet Ramsey murder investigation and the conflagrations that ended the sieges in Waco and at the MOVE house in Philadelphia. These human tragedies and organizational debacles serve as starting points for exploring how common structural and cultural fault lines in police organizations set the stage for major failures.The author provides a framework for sorting through these cases to help readers recognize the distinct roles of operational mechanics, organizational structures, rank and file culture and executive hubris in making criminal justice agencies vulnerable to failure. The book examines how dysfunctions such as institutional racism, sexual harassment, systems abuse and renegade enforcement become established and then readily blossom into major scandals.Why Law Enforcement Organizations Fail also shows how managers and oversight officials can spot malignant individuals, identify perverse incentives, neutralize deviant cultures and recognize when reigning managerial philosophies or governing policies are producing diminishing or negative returns.This book is jargon-free and communicates plainly with students and criminal justice professionals. This is a highly-teachable book that also provides pragmatic long-term guidance for how to deal with crises, prevent their recurrence and restore organizational legitimacy. This book is an excellent centerpiece for any class on police organization and management, criminal justice policy, or police-community relations."
Mapping the Organizational Fault Lines in Policing
Author: Patrick O'Hara
Category: Political Science
Economic Principles of Law, first published in 2007, applies economics to the doctrines, rules and remedies of the common law. In plain English and using non-technical analysis, it offers an introduction and exposition of the 'economic approach' to law - one of the most exciting and vibrant fields of legal scholarship and applied economics. Beginning with a brief history of the field, it sets out the basic economic concepts useful to lawyers, and applies these to assess the core areas of the common law - property, contract, tort and crime - with particular emphasis on their doctrinal structure and remedies. This is done using leading cases drawn from the birthplace of the common law (England & Wales) and other common law jurisdictions. The book serves as a primer to the wider use of economics which has become increasingly important for law students, lawyers, legislators, regulators and those concerned with our legal system generally.
Author: Cento G. Veljanovski
Publisher: Cambridge University Press
Category: Business & Economics
The ability to read law well is an indispensable skill that can make or break the academic career of any aspiring lawyer. Fortunately, the ability to read law well (quickly and accurately) is a skill that can be acquired through knowledge and practice. First published in 2005, Reading Like a Lawyer has become a staple on many law school reading lists for prospective and admitted students. The second edition includes the same critical reasoning and reading strategies, accompanied by hands-on practice exercises, that made the first edition such a success. It adds a chapter on a growing challenge for this generation of legal readers: how to read legal materials online with maximum efficiency and effectiveness.
Time-saving Strategies for Reading Law Like an Expert
Author: Ruth Ann McKinney
The purpose of this casebook is to teach the principles of microeconomics. Economic Analysis for Lawyers presumes no prior training in economics and uses the same building block approach that is found in most microeconomics principles textbooks that are used in undergraduate economics classes. This book includes excerpted cases and other materials that illustrate the applicability of the economic principles to legal disputes and public policy issues. Fundamental principles are introduced in the first four chapters. Subsequent chapters build on these fundamentals by adding a detailed and sophisticated analysis in the general areas of monopoly, externalities, information, labor markets, risk, organizational economics, and financial economics. The Third Edition adds new chapters on labor markets and crime and punishment. The result is a thorough introduction to the principles of microeconomics.
Author: Henry N. Butler,Christopher R. Drahozal,Joanna Shepherd
The academic field of national security law began more than three decades ago at the University of Virginia School of Law when Professor John Norton Moore recognized a need to prepare law students to deal with legal problems involving the national security of the United States and began offering a course entitled "law and national security." In 1981, the editors co-founded the Center for National Security Law (CNSL) at Virginia, and in 1990 the first edition of this landmark text was published. Since then, CNSL has run more than a dozen summer National Security Law Institutes to help prepare professors and government practitioners to teach or work in this growing new field, and courses dealing with national security law are being taught at most American law schools.This remarkable new edition includes contributions by more than two dozen scholars and practitioners from the United States and abroad, including a judge on the International Court of Justice, a former Director of the Arms Control and Disarmament Agency, the senior national security lawyer at the FBI, a former Legal Adviser to the National Security Council, and distinguished professors from major universities. In addition to updated revisions of more traditional topics like war powers, terrorism, intelligence, arms control, treaties, human rights, immigration, trade, environmental law, and freedom of expression, the new edition includes chapters on space law, homeland defense, information warfare, and a revolutionary new theoretical approach to the origins of war ? making National Security Law the most comprehensive and up-to-date text in the field.A new document supplement is forthcoming.
Author: John Norton Moore,Robert F. Turner
Publisher: Berghahn Books