Emanuel Law Outlines: Civil Procedure (Instant Digital Access Code Only)

An ELO ensures that you understand the concepts as you learn them in class and helps you study for exams throughout the semester. Here's why you need an ELO from your first day of class right through your final exam: ELOs help you focus on the concepts and issues you need to master to succeed on exams. They are easy to understand: Each ELO contains comprehensive coverage of the topics, cases, and black letter law found in your specific casebook, but is explained in a way that is understandable. The Quiz Yourself and Essay Q&A features help you test your knowledge throughout the semester. Exam Tips alert you to the issues and fact patterns that commonly pop up on exams. The Capsule Summary provides a quick review of the key concepts covered in the full Outline—perfect for exam review!

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Civil Procedure topics covered include:
Jurisdiction over the parties (including Federal Jurisdiction Over the Parties and Over Things, Opportunity to be Heard Defenses to Claims of Jurisdiction, Venue);
Subject Matter Jurisdiction (including Federal Jurisdiction Generally, Diversity, Federal Question, Amount in Controversy, Supplemental Removal to the Federal Courts);
Pleading (including Modern Federal Complaint, Motions Against, Complaint Answer Time for Various Pleadings, Amendment);
Discovery and Pretrial Conference (including Scope, Methods, Orders and Sanctions, Use of Results at Trial v. Appellate Review);
Ascertaining Applicable Law (including Nature of Problem, Erie and Other Fundamentals, Erie Problems, Federal Common Law);
Trial Procedure (including Burden of Proof Presumptions, Preponderance of the Evidence, Trials Without Jury, Jury Adjudication Without Trial, Directed Verdict, Special Verdict and Interrogatories, Declaratory Judgments, New Trial, Review of Grant or Denial of New Trial, Judgment as a Matter of Law, Review of Combined New Trial and JML Motions, Constitutional Right to Jury Trial, Remedies);
Multi-Party and Multi-Claim Jurisdiction (including Counterclaims, Joinder of Claims, Joinder of Parties, Class Actions, Intervention, Interpleader, Real Party in Interest, Third Party Practice, Cross-Claims);
Former Adjudication (including Claim Preclusion, Collateral Estoppel, Full Faith and Credit).

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Protecting the natural environment and promoting sustainability have become important objectives, but achieving such goals presents myriad challenges for even the most committed environmentalist. American Environmentalism: Philosophy, History, and Public Policy examines whether competing interests can be reconciled while developing consistent, cohe

Now that prohibitions against stem cell research are relaxing, it is time for the field to move forward with the advances that promise to eliminate so much human suffering. However, it would be naive to ignore the fact that regenerative medicines pose a whole new set of challenges to an industry sector that for decades has geared itself to the deve

Maintain peace of mind while you are working or living abroad wherever and however you travel. As an international traveler, you know there are risks. But are you doing everything you can to protect yourself and your belongings? Whether you are traveling for work or pleasure, Personal Security: A Guide for International Travelers enables you to pre

In recent years, business leaders, policymakers, and inventors have complained to the media and to Congress that today's patent system stifles innovation instead of fostering it. But like the infamous patent on the peanut butter and jelly sandwich, much of the cited evidence about the patent system is pure anecdote--making realistic policy formation difficult. Is the patent system fundamentally broken, or can it be fixed with a few modest reforms? Moving beyond rhetoric, Patent Failure provides the first authoritative and comprehensive look at the economic performance of patents in forty years. James Bessen and Michael Meurer ask whether patents work well as property rights, and, if not, what institutional and legal reforms are necessary to make the patent system more effective. Patent Failure presents a wide range of empirical evidence from history, law, and economics. The book's findings are stark and conclusive. While patents do provide incentives to invest in research, development, and commercialization, for most businesses today, patents fail to provide predictable property rights. Instead, they produce costly disputes and excessive litigation that outweigh positive incentives. Only in some sectors, such as the pharmaceutical industry, do patents act as advertised, with their benefits outweighing the related costs. By showing how the patent system has fallen short in providing predictable legal boundaries, Patent Failure serves as a call for change in institutions and laws. There are no simple solutions, but Bessen and Meurer's reform proposals need to be heard. The health and competitiveness of the nation's economy depend on it.

Cases and Materials on Criminal Law provides a comprehensive selection of key materials drawn from law reports, legislation, Law Commission consultation papers and reports, and Home Office publications. Clear and highly accessible, this volume is presented in a coherent structure and provides full coverage of the topics commonly found in the criminal law syllabus. The range of thoughtfully selected materials and authoritative commentary ensures that this book provides an essential collection of materials and analysis to stimulate the reader and assist in the study of this difficult and challenging area of law. New features include: revised text design with clear page layout, headings and boxed and shaded sections to aid navigation and readability chapter introductions to highlight the salient features under discussion short chapter table of contents to enable easier navigation "Comments and Questions" sections to encourage students to reflect on their reading expanded further reading to encourage students to engage further with the subject a Companion Website to provide regular updates to the book. Recent decisions of note that are extracted and analysed include R v Kennedy (manslaughter based on supply of heroin); Attorney General for Jersey v Holley (provocation); R v Mark and R v Willoughby (elements of killing by gross negligence); R v Barnes (consent as a defence to sporting injuries); Attorney General’s Reference (No 3 of 2004) (accessorial liability) and R v Hatton (intoxicated mistake in self defence cases). Consideration is also given to the likely changes to the law relating to corporate manslaughter, at the time of writing contained in the Corporate Manslaughter and Corporate Homicide Bill currently before Parliament. Two major law reform publications are extensively extracted and contextualised in this 4th edition - the Law Commission’s report on Murder, Manslaughter and Infanticide (Law Com No 304) and the Law Commission’s Report on Inchoate Liability for Assisting and Encouraging Crime (Law Com No 300). This book is an invaluable reference for students on undergraduate or CPE/PG Diploma in Law criminal law courses, particularly those studying independently or on distance learning programmes.

First Published in 2000. Routledge is an imprint of Taylor & Francis, an informa company.

A view of the major legal challenges of post–Civil War America as seen from the highest court in the land.

In The Supreme Court under Morrison R. Waite, 1874–1888, Paul Kens provides a history of the Court during a time that began in the shadow of the Civil War and ended with America on the verge of establishing itself as an industrial world power. Morrison R. Waite (1816–1888) led the Court through a period that experienced great racial violence and sectional strife. At the same time, a commercial revolution produced powerful new corporate businesses and, in turn, dissatisfaction among agrarian and labor interests. The nation was also consolidating the territory west of the Mississippi River, an expansion often marred with bloodshed and turmoil. It was an era that strained America's thinking about the purpose, nature, and structure of government and ultimately about the meaning of the constitution.

Some of the landmark events faced by this Court centered on issues of civil rights. These ranged from the Colfax massacre and treatment of blacks in the South to the rights of women, conflicts with Mormons over polygamy and religious freedom, and the mistreatment of Chinese immigrants in the West. Economic concerns also dominated the decisions of the Court. Westward expansion brought conflicts over the distribution of public domain lands. The building and financing of the transcontinental railroad and the web of railroads throughout the nation brought great wealth to some, but that success was accompanied by the Panic of 1873, the first nationwide labor strike, and the Granger movement. Changes in business practices and concerns over concentrated wealth fueled debates over the limits of government regulation of business enterprise and the constitutional status of corporations. In addition to the more dramatic topics of civil rights and economic regulation, this study also covers such important issues of the day as bankruptcy, criminal law, interstate commerce, labor strife, bonds and railroad financing, and land disputes.

Challenging the conventional portrayal of the Waite Court as being merely transitional, Kens observes that the majority of these justices viewed themselves as guardians of tradition. Even while facing legal disputes that grew from the drastic changes in post-Civil War America's social, political, and economic order, the Waite Court tended to look backward for its cues. Its rulings on issues of liberty and equality, federalism and the powers of government, and popular sovereignty and the rights of the community were driven by constitutional traditions established prior to the Civil War. This is an important distinction because the conventional portrayal of this Court as transitional leaves the impression that later changes in legal doctrine were virtually inevitable, especially with respect to the subjects of civil rights and economic regulation. By demonstrating that there was nothing inevitable about the way constitutional doctrine has evolved, Kens provides an original and insightful interpretation that enhances our understanding of American constitutional traditions as well as the development of constitutional doctrine in the late nineteenth century.

First Published in 2000. Routledge is an imprint of Taylor & Francis, an informa company.

Your primary source for information on the legal issues of pharmaceutical practice, care, and activity Today’s pharmacist is faced with legal, ethical, and moral concerns in making the transition from traditional pharmacy practice to an expanded role in clinical pharmacy and patient drug management services. Pharmacy Law Desk Reference is a primer on the legal aspects of pharmaceutical practice, providing background on foundational legal concepts, and guidance on the Food, Drug, and Cosmetic Act (FDCA), the Controlled Substances Act (CSA), and the Federal Trade Commission. This unique book examines the major topics that impact pharmaceutical care, including professional liability insurance; the need for supportive personnel in pharmacy practice; patent law, trademarks, and copyrights; law and ethics; business law; HIPAA privacy in the pharmacy; electronic prescribing; and medication error reporting. Handy tables, figures, and exhibits make complex information easy to access and understand. The better pharmacists understand the regulatory and legislative framework that shapes their practice, the better they will be able to carry out their responsibilities to patients. Pharmacy Law Desk Reference offers a broad scope on established legal subjects, the current direction of the profession, and important contemporary topics that affect the clinical role of the practicing pharmacist. Each chapter is authored by a nationally recognized authority on one or more aspect of pharmacy law and many of the contributors are active in the American Society of Pharmacy Law. Topics addressed in Pharmacy Law Desk Reference include: telepharmacy collaborative drug therapy management trade secrets and trade secret protection anti-competitive practices the threat of civil and criminal liability the Health Insurance Portability and Accountability Act of 1996 (HIPAA) FDA inspections consumer protection laws credentialing pharmacy compounding accreditation employment contracts Medicaid and Medicare controlled substance registration and prescription orders forged prescription orders and many more Pharmacy Law Desk Reference is a comprehensive resource on the professional, legal, and contemporary issues in pharmacy practice. It is a primary reference guidebook for pharmacy practitioners, leaders of state and national pharmacists associations, members of state boards of pharmacy, educators and students, and an essential addition to all pharmacy libraries.

A Modern Legal Ethics proposes a wholesale renovation of legal ethics, one that contributes to ethical thought generally. Daniel Markovits reinterprets the positive law governing lawyers to identify fidelity as its organizing ideal. Unlike ordinary loyalty, fidelity requires lawyers to repress their personal judgments concerning the truth and justice of their clients' claims. Next, the book asks what it is like--not psychologically but ethically--to practice law subject to the self-effacement that fidelity demands. Fidelity requires lawyers to lie and to cheat on behalf of their clients. However, an ethically profound interest in integrity gives lawyers reason to resist this characterization of their conduct. Any legal ethics adequate to the complexity of lawyers' lived experience must address the moral dilemmas immanent in this tension. The dominant approaches to legal ethics cannot. Finally, A Modern Legal Ethics reintegrates legal ethics into political philosophy in a fashion commensurate to lawyers' central place in political practice. Lawyerly fidelity supports the authority of adjudication and thus the broader project of political legitimacy. Throughout, the book rejects the casuistry that dominates contemporary applied ethics in favor of an interpretive method that may be mimicked in other areas. Moreover, because lawyers practice at the hinge of modern morals and politics, the book's interpretive insights identify--in an unusually pure and intense form--the moral and political conditions of all modernity.