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