Fundamentals of American Law New York University School of Law

ISBN-10: 0198764057
ISBN-13: 9780198764052
Edition: 1996
List price: $85.00 Buy it from $7.84
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Description: The American legal system today is the most significant in the world, yet until the publication of Fundamentals of American Law, there has been no book that provides both the basic rules on the theoretical understanding necessary to comprehend. This  More...

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Book details

List price: $85.00
Copyright year: 1996
Publisher: Oxford University Press, Incorporated
Publication date: 10/10/1996
Binding: Paperback
Pages: 734
Size: 6.75" wide x 9.50" long x 1.50" tall
Weight: 2.486
Language: English

The American legal system today is the most significant in the world, yet until the publication of Fundamentals of American Law, there has been no book that provides both the basic rules on the theoretical understanding necessary to comprehend. This book is not simply the work of a single author, but a collection of especially written essays, each by an expert in the field, all of whom are on the faculty of New York University School of Law, which is recognized as one of the elite law schools in America and which offers this book as an element of its unique Global Law School Programme. The book is written specifically for foreign lawyers and law students who have a need to deal with American Law generally, but are not seeking to become specialists in any one area. For them, it is vital to understand the basic principles of a wide range of American legal fields so they can act as informed intermediaries between their public or private clients and their American counterparts. the book not only provides the reader with a solid foundation in American law, but will also serve as a basic reference book for the fundamentals, even as some of the details change over the years. Although initially conceived to fill a void for foreign lawyers, the book is also ideally suited for others who have a significant need to understand the basic principles of American Law and to interact with American lawyers. For this reason it will be an ideal course text for students of business, accountancy, political science, or public administration, where the enquiring student will constantly find intersections with the law. The book is more than a compendium of legal principles. Each chapter explains not only what the law is, but why it is that way. It sets forth the policy considerations in institutional factors that produce a particular law so the reader can make an independent judgement about its wisdom and perhaps its adaptibility to other cultures.

Preface
List of Contributors
Foreword
Table of Cases
Table of Legislation
Introduction
General Principles
Common Law Systems
Introduction
The Reception of the Common Law in America
The Growth of Legislation and Regulation
The Continued Vitality of the Common Law
Precedent and the Growth of the Law
The Institutions and Method of the Common Law
Interpretation of Statutes
The Future of the Common Law
The Sources and Limits of Legal Authority
Introduction: Federalism and Separation of Powers
The Basic Allocation of State Federal Authority
Protection from the Burdens of Multi-State Legal Authority
The Distinct Character of Separation of Powers Issues in the United States
The Robust Constitutional Judiciary
Conclusion
Courts
Introduction
Methods of Selecting Judges
Division of Judicial Workload
Parallel Systems of Adjudication
Litigation
Starting a Lawsuit
Responses to the Complaint
Multi-Party Actions
Discovery
Summary Judgment
Trial
Appeals
Conclusion
An Overview of the Bill of Rights
Introduction
The First Amendment: The Founders' Ideal Commonwealth
The Fourth Through Eighth Amendments: Control of the Law Enforcement Function
The Ninth and Tenth Amendments: the Enigma of the Closing Amendments
The Thirteenth, Fourteenth, and Fifteenth Amendments: Equality and the Second Bill of Rights
Conclusion
Administrative Law
Administrative Agencies
Independent Agencies and Separation of Powers
Delegation
Administrative Procedure
Judicial Review
Freedom of Information
The American Legal Profession
A Statistical Portrait
Entering the Profession
Regulating the Profession
Malpractice and Related Claims
Court Sanctions
Right to Counsel
Conflicts of Interest
Confidentiality
Adversary Justice
Legal Fees
Lawyers Employed by Corporations
Marketing Legal Services
The Judiciary
The Future: More Competition
Conflict of Laws
Personal Jurisdiction
Choice of Law
Judgments Enforcement
Conclusion
State Based Laws
Contract Law
Introduction
Sources of Obligation
Contract Formation
Identifying the Contract
Defenses Against Enforcement
Performance
Remedies for Breach of Contract
Torts
Negligence
Negligence Principles Applied to Some Common Activities
Intentional Torts
Strict Products Liability
Conclusion
Property
The Nature of Ownership in America
Taxation of Real Property
The Power of Eminent Domain
Government Regulation of Land
The Ultimate Protection of Property Rights
Criminal Law, Criminal Procedure, and Criminal Justice
Overview of the Systems
Substantive Criminal Law
Criminal Procedure
Corporations and Other Business Organizations
Forms of Business Association
The Process of Formation
Raising of Capital
Control Structure--Stockholders
Control Structure--Directors and Officers
Fiduciary Obligations and Standard of Care
Corporate Distributions
Major Corporate Changes
Conclusion
Commercial Law
Introduction
The Uniform Commercial Code
The Common Law of Suretyship and Guaranty
Special Treatment of Consumer Transactions
Family Law
Introduction
Constitutional Principles of Family Law--The Relationship of the Family and the State
'Public Family Law'--Child Protection, Foster Care, Termination of Parental Rights, and Adoption
Private Family Law--Marriage, Separation, Divorce, and Related Matters
Conclusion
Federal Law
Antitrust Law
Overview: Antitrust Statutes and Enforcement
Monopolization
Mergers
Horizontal Agreements
Distribution Restraints
Conclusion
Bankruptcy and Other Insolvency Remedies
Introduction
Some General Considerations
Introduction to Chapter 11
The Plan of Reorganization
Discharge
Environmental Law
The Origins of Contemporary Environmental Law
The Subjects of Environmental Law and Regulation
Distinctive Elements of United States Environmental Law
Current Topics in United States Environmental Law
Conclusion
Intellectual Property Law
Introduction to Intellectual Property
Sources of Intellectual Property Law
Patent Law
Copyright Law
Trademark Law
Labor and Employment Law
Rationales for and Structure of Employment Regulation
Substantive Employment Protections
Employment Discrimination Law
Union Organization and Collective Bargaining Law
Conclusion
Regulation of Banks
Introduction
Policy Overview
The Allocation of Regulatory Responsibility
The Chartering Process
Regulation of the Bank's Business
Regulation of Banks' Affiliates
International Banking
Examinations and Enforcement
Bank Failures
Conclusion
Federal Regulation of Securities
Introduction to the United States Securities Markets
The Systems of Regulation
Federal Regulation of Companies Under the 1933 and 1934 Acts
Antifraud Liability for Reporting Companies
Insider Trading: A Species of Antifraud Liability
Conclusion
Taxation
Overview of the United States Tax System
Sources of the Law
General Framework for Taxing 'Citizens' and 'Aliens'
Federal Income Taxation of United States Individuals
Federal Taxation of United States Corporations
Federal Taxation of United States Partnerships
Federal Taxation of Other Flow Through Entities
Taxation of United States Persons with Foreign Income
Taxation of United States Corporations with Foreign Income
Anti-abuse Rules
Taxation of Foreign Persons with United States Income
Federal Estate and Gift Taxes
Index

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