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Examples Explanations For Evidence

Author: Arthur Best
Publisher: Wolters Kluwer Law & Business
ISBN: 1543803164
Size: 34.17 MB
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A favorite classroom prep tool of successful students that is often recommended by professors, the Examples & Explanations (E&E) series provides an alternative perspective to help you understand your casebook and in-class lectures. Each E&E offers hypothetical questions complemented by detailed explanations that allow you to test your knowledge of the topics in your courses and compare your own analysis. Here’s why you need an E&E to help you study throughout the semester: Clear explanations of each class topic, in a conversational, funny style. Features hypotheticals similar to those presented in class, with corresponding analysis so you can use them during the semester to test your understanding, and again at exam time to help you review. It offers coverage that works with ALL the major casebooks, and suits any class on a given topic. The Examples & Explanations series has been ranked the most popular study aid among law students because it is equally as helpful from the first day of class through the final exam.

Trademarks And Unfair Competition

Author: Graeme B. Dinwoodie
Publisher: Wolters Kluwer Law & Business
ISBN: 1543803024
Size: 21.29 MB
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The many strands of trademark and unfair competition doctrine are organized into a coherent conceptual framework consisting of a brief examination of foundational concepts, followed by thorough treatments of the law on (1) the creation of trademark rights; and (2) the scope & enforcement of trademark rights and some related causes of action. The traditional case-and-note format is enhanced by problems that help students understand intricate key topics. Trademarks and Unfair Competition features many issues related to online commerce, such as cybersquatting, keyword advertising, the relationship between trademarks and domain names, and the potential secondary liability of online auction websites such as eBay. International as well as domestic issues are thoroughly explored. Comprehensive coverage of trade dress protection is integrated with issues of word mark protection. New to the 5th Edition: the Tam and Brunetti decisions striking down the scandalousness and disparagement bars to registration extensive coverage of recent case developments on expressive uses of marks in political and artistic contexts the Belmora decision on well-known marks and developments on extraterritorial application of the Lanham Act Key Features: coherent conceptual framework clearly delineating creation of rights and enforcement of rights issues traditional case-and-note format, enhanced by problems thorough coverage of trademark issues arising in online commerce integrated coverage of international and domestic doctrine thorough treatment of trade dress protection, integrated with issues of word mark protection

The Business Of The Supreme Court

Author: Felix Frankfurter
Publisher: Transaction Publishers
ISBN: 9781412819039
Size: 79.64 MB
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As Felix Frankfurter and James Landis write in their preface to The Business of the Supreme Court, "To an extraordinary degree legal thinking dominates the United States. Every act of government, every law passed by Congress, every treaty ratified by the Senate, every executive order issued by the President is tested by legal considerations and may be subjected to the hazards of litigation. Other Nations, too, have a written Constitution. But no other country in the world leaves to the judiciary the powers which it exercises over us." This classic volume, first published in 1928, originated in a series of articles written by Frankfurter, then a professor of law at Harvard University, and his student, Landis, for the Harvard Law Review. These articles chronicled and analyzed the many judiciary acts that were passed between 1789 and 1925, and illuminated the intimate connection between form and substance in the life of American law. For instance: When a community first decided to enact zoning laws--the Supreme Court had to approve. When the United States made a treaty with Germany following World War I--the Supreme Court had to define the limits and meaning of the treaty. Newly reissued with an introduction by constitutional expert Richard G. Stevens, The Business of the Supreme Court is still as fresh and relevant today as it was when first published. It is a work that will aid the student of the law to both love the law and remain true to its purposes.

Understanding Evidence

Author: Paul C. Giannelli
Publisher: LexisNexis
ISBN: 0327194138
Size: 61.31 MB
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This Understanding treatise presents the essential topics in evidence law cogently and concisely. While it was written primarily for students in Evidence and Trial Practice courses, the "Key Points" summary at the end of each chapter and the inclusion of the current Federal Rules of Evidence in an appendix make this treatise an excellent reference for busy attorneys. Understanding Evidence begins with an overview of Evidence law followed by an explanation of the roles of the judge and jury. The remaining chapters are organized under the following topics: • Procedural Framework of Trial • Relevancy • Witnesses • Real and Demonstrative Evidence • Writings • Hearsay • Privileges • Substitutes for Evidence This treatise extensively discusses and cites the Federal Rules of Evidence. Cases, statutes, other rules, and secondary sources are also cited, providing a comprehensive framework for understanding evidence law.

Getting To The Rule Of Law

Author: James E. Fleming
Publisher: NYU Press
ISBN: 0814728448
Size: 75.38 MB
Format: PDF, Kindle
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The rule of law has been celebrated as “an unqualified human good," yet there is considerable disagreement about what the ideal of the rule of law requires. When people clamor for the preservation or extension of the rule of law, are they advocating a substantive conception of the rule of law respecting private property and promoting liberty, a formal conception emphasizing an “inner morality of law,” or a procedural conception stressing the right to be heard by an impartial tribunal and to make arguments about what the law is? When are exertions of executive power “outside the law” justified on the ground that they may be necessary to maintain or restore the conditions for the rule of law in emergency circumstances, such as defending against terrorist attacks? In Getting to the Rule of Law a group of contributors from a variety of disciplines address many of the theoretical legal, political, and moral issues raised by such questions and examine practical applications “on the ground” in the United States and around the world. This timely, interdisciplinary volume examines the ideal of the rule of law, questions when, if ever, executive power “outside the law” is justified to maintain or restore the rule of law, and explores the prospects for and perils of building the rule of law after military interventions.

The Environmental Rights Revolution

Author: David R. Boyd
Publisher: UBC Press
ISBN: 0774821639
Size: 18.26 MB
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The right to a healthy environment has been the subject of extensive philosophical debates that revolve around the question: Should rights to clean air, water, and soil be entrenched in law? David Boyd answers this by moving beyond theoretical debates to measure the practical effects of enshrining the right in constitutions. His pioneering analysis of 193 constitutions and the laws and court decisions of more than 100 nations in Europe, Latin America, Asia, and Africa reveals a positive correlation between constitutional protection and stronger environmental laws, smaller ecological footprints, superior environmental performance, and improved quality of life.

Designing Social Inquiry

Author: Gary King
Publisher: Princeton University Press
ISBN: 9781400821211
Size: 24.73 MB
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While heated arguments between practitioners of qualitative and quantitative research have begun to test the very integrity of the social sciences, Gary King, Robert Keohane, and Sidney Verba have produced a farsighted and timely book that promises to sharpen and strengthen a wide range of research performed in this field. These leading scholars, each representing diverse academic traditions, have developed a unified approach to valid descriptive and causal inference in qualitative research, where numerical measurement is either impossible or undesirable. Their book demonstrates that the same logic of inference underlies both good quantitative and good qualitative research designs, and their approach applies equally to each. Providing precepts intended to stimulate and discipline thought, the authors explore issues related to framing research questions, measuring the accuracy of data and uncertainty of empirical inferences, discovering causal effects, and generally improving qualitative research. Among the specific topics they address are interpretation and inference, comparative case studies, constructing causal theories, dependent and explanatory variables, the limits of random selection, selection bias, and errors in measurement. Mathematical notation is occasionally used to clarify concepts, but no prior knowledge of mathematics or statistics is assumed. The unified logic of inference that this book explicates will be enormously useful to qualitative researchers of all traditions and substantive fields.