This compact paperback, distinguished by its brevity and clarity, studies a limited number of topics in the economic analysis of the law in order to help students learn how to approach legal rules like an economist. Among the many attributes of this venerable course book: Presents a good basic knowledge of economic principles and issues pertaining to the law. Uses a normative approach that shows students how to assess legal rules and policies in terms of economic and social goals. Focuses on a set of core topics, including property, contracts, torts, criminal law, and litigation. Offers clear explanations in accessible terms without using specialized jargon, math, or graphs. Shows students how to think like an economist and understand legal issues from an economic perspective. New to the Fourth Edition: Updated and refined throughout. The chapter on probability rules has been expanded. A new chapter that discusses the liability system versus the regulatory system. The bibliography has been completely updated. A short appendix with a sample syllabus that could be used as a basis for teaching the course or for a student to follow for additional readings. An Introduction to Law and Economics, Fourth Edition, continues to offer students succinct, clear explanations of the economic analysis of law and the legal system.
In this book Steven Shavell provides an in-depth analysis and synthesis of the economic approach to the building blocks of our legal system, namely, property law, tort law, contract law, and criminal law. He also examines the litigation process as well as welfare economics and morality. Aimed at a broad audience, this book requires neither a legal background nor technical economics or mathematics to understand it. Because of its breadth, analytical clarity, and general accessibility, it is likely to serve as a definitive work in the economic analysis of law.
Lucid, comprehensive, and definitive in its field, this text covers every aspect of economic analysis of the law. Features: Two new chapters, one on intellectual property, one on international and comparative law, both exploding fields of great importance. Earlier editions' questions have been converted to answers, making the book more accessible and informative. Revised to be clearer and less technical. More eclectic, reflecting recent criticisms of "rational choice" theory, in particular the need to supplement it with insights from psychology. Greater attention paid to judicial behavior, realistically modeled and explained in economic terms. Incorporates insights from the veritable explosion of books and articles published in the last few years on economic analysis of law.
Economic Foundations of Law (2nd ed.) provides an economic analysis of the major areas of the law: property law, torts, contracts, criminal law, civil procedure, corporation law and financial markets, taxation and labor law. In line with current trends in legal scholarship, discussion is focused on economic principles such as risk aversion, efficiency, opportunity cost, moral hazard, rent-seeking behaviour and economies of scale. Accessible, comprehensive and well written, this book uses extensive practical examples and explanations to illustrate key points. There are numerous applications to lawyers and the legal profession, with detailed discussions of subjects as diverse as the proposed market for transplantable human organs, the market for adoptions, the market for bail bonds, the unanticipated effects of Megan’s law, and issues of racial profiling. Fully updated and revised, a new chapter on labor law has also been included.
Author: Frank J. Vandall,Ellen Wertheimer,Mark C. Rahdert
Torts: Cases and Problems is designed to be a book that is fun to teach and fun to read. The clear focus of the book is on the cases presented. There are problems throughout the book that invite discussion and analysis, but notes are minimal. Exciting recent and newsworthy cases have been added to many chapters rendering this book completely up-to-date on issues and developments that would be covered in any Torts course. The new cases include: Chapter 2: Intentional Torts • Zavala v. Walmart Stores, Inc. • Yates v. John Marshall Law School Chapter 3: Privileges • Koffman v. Garnett • CCH v. Philadelphia Phillies, Inc. Chapter 4: Duty • Chapa v. Traciers & Associates, Inc. • Binns v. Westminster Memorial Park Chapter 5: Negligence • John B. v. Superior Court of Los Angeles County Chapter 6: Cause in Fact • Georgia Pacific Corp. v. Bostic • Daubert v. Merrell Dow Pharmaceuticals, Inc. Chapter 7: Proximate Cause • Hamblin v. State Chapter 8: Multiple Defendants: Joint and Several Liability • Banks v. Elks Club Pride of Tennessee • Richards v. Badger Mutual Ins. Co. Chapter 9: The Liability of Landowners • Wrinkle v. Norman Chapter 10: Damages • State Farm Mutual Automobile Ins. Co. v. Campbell Chapter 11: The Wrongful Death and Survival Statutes • Langan v. St. Vincent's Hospital of New York Chapter 12: Strict Liability • Dyer v. Maine Drilling and Blasting, Inc. Chapter 13: Products Liability • Powers v. Taser International, Inc. • Freeman v. Hoffman-LaRoche, Inc. • Mikolajczyk v. Ford Motor Company Chapter 14: Defenses • Patterson v. Sacramento City Unified School District • Vinikoor v. Pedal Pennsylvania, Inc. • Ford v. Polaris Industries, Inc. Chapter 15: Toxic Torts • Neal v. Dow Agrosciences LLC • In re: Hanford Nuclear Reservation LitigationPhillips v. E.I. DuPont de Nemours & Co. • Burlington Northern and Santa Fe Railway Company v. United States Chapter 21: Tortious Interference with Contract • Walnut Street Associates, Inc., v. Brokerage Concepts, Inc.
In a concise, compelling argument, one of the founders and most influential advocates of the law and economics movement divides the subject into two separate areas, which he identifies with Jeremy Bentham and John Stuart Mill. The first, Benthamite, strain, “economic analysis of law,” examines the legal system in the light of economic theory and shows how economics might render law more effective. The second strain, law and economics, gives equal status to law, and explores how the more realistic, less theoretical discipline of law can lead to improvements in economic theory. It is the latter approach that Judge Calabresi advocates, in a series of eloquent, thoughtful essays that will appeal to students and scholars alike.
This introduction to the new field of economic analysis of the law focuses on the core areas of our legal system - property, torts and accidents, contract, and crime - as well as litigation. The handbook is full of examples and is highly accessible, since no background in either law or economics is assumed and it's free of jargon, graphs, and technical material
These readings have been specifically selected to further the reader's understanding of the economic approach to law. They focus on the distinguishing characteristics of economics as a way of thinking, as well as comparing and contrasting economic analysis with more traditional methods of legal analysis. You'll also find authoritative notes and commentary. This text is an excellent facilitator of thought-provoking classroom discussions. Other topics include methodology of the economic approach, a survey of basic applications, and critiques of the economic approach.
This appealing text for the Law and Economics course features: An engaging approach that stresses student comprehension Numerous cases based on court decisions Extensive coverage of important and timely topics such as the Coase theorem, intellectual property, and behavioral economics Law and Economics in Action boxes that heighten student interest Short chapters to allow maximum flexibility for the instructor
What Economics Has to Do with Law and Why It Matters
Author: David D. Friedman
Publisher: Princeton University Press
What does economics have to do with law? Suppose legislators propose that armed robbers receive life imprisonment. Editorial pages applaud them for getting tough on crime. Constitutional lawyers raise the issue of cruel and unusual punishment. Legal philosophers ponder questions of justness. An economist, on the other hand, observes that making the punishment for armed robbery the same as that for murder encourages muggers to kill their victims. This is the cut-to-the-chase quality that makes economics not only applicable to the interpretation of law, but beneficial to its crafting. Drawing on numerous commonsense examples, in addition to his extensive knowledge of Chicago-school economics, David D. Friedman offers a spirited defense of the economic view of law. He clarifies the relationship between law and economics in clear prose that is friendly to students, lawyers, and lay readers without sacrificing the intellectual heft of the ideas presented. Friedman is the ideal spokesman for an approach to law that is controversial not because it overturns the conclusions of traditional legal scholars--it can be used to advocate a surprising variety of political positions, including both sides of such contentious issues as capital punishment--but rather because it alters the very nature of their arguments. For example, rather than viewing landlord-tenant law as a matter of favoring landlords over tenants or tenants over landlords, an economic analysis makes clear that a bad law injures both groups in the long run. And unlike traditional legal doctrines, economics offers a unified approach, one that applies the same fundamental ideas to understand and evaluate legal rules in contract, property, crime, tort, and every other category of law, whether in modern day America or other times and places--and systems of non-legal rules, such as social norms, as well. This book will undoubtedly raise the discourse on the increasingly important topic of the economics of law, giving both supporters and critics of the economic perspective a place to organize their ideas.
Why do people obey the law? Law deters crime by specifying sanctions, and because people internalize its authority. But Richard McAdams says law also generates compliance through its expressive power to coordinate behavior (traffic laws) and inform beliefs (smoking bans)—that is, simply by what it says rather than what it sanctions.
Bringing new institutional, feminist, and critical perspectives on the torts systems to this thorough revision of his successful reader, renowned torts scholar Robert Rabin gives your students interesting insight into the wide variety of views of modern tort law. Drawing on the most intellectually interesting contributions to literature, The new edition continues to offer a balance between classic articles by Oliver Wendell Holmes, Richard A. Posner, and Guido Calabresi, and contemporary selections focusing on new perspectives. The new perspectives include: institutional ('Expanding the Negligence Concept: Retreat from the Rule of Law' by James A. Henderson, Jr.) feminist ('Women, Mothers, And The Law of Fright' by Martha Chamallas with Linda K. Kerber) critical ('A Critique of Torts' by Richard L. Abel) The Fourth Edition also features a new chapter covering damages. Other changes include adding the role of liability insurance in tort litigation To The final chapter on no-fault alternatives To The present system. PERSPECTIVES ON TORT LAW, Fourth Edition, opens with four chapters on the rationale, history, process, and doctrine of tort law. Five subsequent chapters focus on the continuing process of reevaluation and change, including historical, moral, economic, and other perspectives. Whether you use this affordable paperback as a supplement to your torts seminar, you will want to incorporate Rabin's superb reader into your course. PERSPECTIVES ON TORT LAW, Fourth Edition, can give your students a deeper understanding of the torts process.
Legal Reasoning, Research, and Writing for International Graduate Students helps readers understand and approach legal research and writing assignments the way attorneys do in the United States. Chapters are short and clear, and repeat the major points to aid, in particular, LL.M. candidates who are not native English speakers. A methodology of research and writing in preparing legal documents is presented, and reasoning and writing methods are based on standard IRAC analysis used by many instructors. To allow instructors to discuss citation requirements as they become needed, citation format information is integrated into the text. Most of the exercises in each chapter can be done on the Web as well as in the law library, with either commercial or non-commercial websites. Key Features: An example of rule synthesis based on the simple Soccer close memo example that had been included in the third edition Updated the chapter on the use of technology in the court system and by practicing attorneys, and how both changing technology and economic changes are affecting the legal profession in the United States. New, straightforward, and very effective way for students to outline essay exam questions.
Mary Beth Beazley’s highly regarded A Practical Guide to Appellate Advocacy is a comprehensive student-focused guide to writing appellate briefs. Written in an understandable, direct writing style, this concise paperback’s effective structure centers on a four-point approach to writing and breaks each point down into key elements that are then treated in-depth. New to the Fifth Edition: New bullets at the end of each chapter reviewing major takeaways Expanded coverage of research advice in Chapter 3, including discussion on Boolean searches A new chapter on using statutes in briefs, covering Reading statutes effectively Making statutory interpretation arguments Research techniques for statutory interpretation arguments Professors and students will benefit from: Student-friendly writing that is easy to read and understand Annotated examples – both good and bad – that help students understand why certain methods are effective Chapters on effective use of cases and statutes that address common problems experienced by students Numerous formulas that make learning and remembering easy: Creac Formula for effective topic sentences Formula for effective case descriptions ""Template"" formula for effective signals to the reader Teaching materials include: Powerpoints with effective examples and teaching notes Self-grading guidelines and examples of self-grading of effective and ineffective legal writing
For introductory courses in law. Introducing students to the system, principles, and concepts of law Introduction to Law guides students through the beginnings of their law education, using premium features to explore basic legal concepts related to substantive and procedural law. Students are exposed to cases, statutes, regulations, and the Constitution, while developing their legal vocabulary, critical thinking skills, and ability to read cases. All chapters of the 6th edition have been reviewed, edited, and updated to reflect current law and legal forms and to provide additional activities illustrating real-world applications of legal practices.
Strategies & Tactics for the Finz Multistate Method features more than 1100 multiple-choice questions and answers, with over 140 questions for each topic. Every question is written in the Multistate Bar Exam style and complies with the latest MBE formats. Since they are original and not actual released exam questions, these questions are unavailable anywhere else. An in-depth guide, “Strategies & Tactics—Playing the MBE Game to Win,” shows students how to handle MBE and MBE-style multiple-choice questions. Detailed answers explain the correct choice and show why the others fall short. Strategies & Tactics for the Finz Multistate Method comes with a complete 200-question MBE-style practice exam. The revised Third Edition has been thoroughly updated to reflect the latest MBE formats and presents 75 brand new original questions. Features: more than 1100 multiple-choice questions and answers―over 140 questions for each topic every question written in the Multistate Bar Exam style and complies with the latest MBE formats questions are unavailable anywhere else―author-generated but are not released exam questions Strategies & Tactics—Playing the MBE Game to Win, an in-depth guide on handling MBE and MBE-style multiple-choice questions detailed answers that explain the correct choice and why the others are incorrect complete 200-question MBE-style practice exam The revised Third Edition presents: 75 brand new original questions
James A. Henderson,Douglas A. Kysar,Richard N. Pearson
Author: James A. Henderson,Douglas A. Kysar,Richard N. Pearson
Publisher: Wolters Kluwer Law & Business
The Torts Process, Ninth Edition uses a student-friendly, procedurally-focused approach that relies on proven problem-and-cases pedagogy to illuminate the overarching structure and organization of tort law. Its lively mix of problems, cases, notes, and questions stimulate thought and discussion, while providing a firm foundation in tort doctrine, history, and theory.
Complete introduction to real estate and property law, designed with the paralegal student in mind. This straightforward, student-friendly text lays out the basic foundations of the law, accompanied by real world examples. The author provides a solid foundation the basics of real estate law, including the practicalities of daily legal work. In a balanced approach, Bevans covers all the key topics paralegals need to know in an easy-to-read and engaging style that utilizes numerous examples and illustrations but never overwhelms the student. Well-structured pedagogy reinforces this readable text. Each chapter features a variety of effective learning aids, including forms, edited cases, and a wealth of exercises for mastering the material and building practical paralegal skills. The revised Fifth Edition is thoroughly updated with changes in the law. Key Features: Updated procedures and documentation for real estate closings Current forms throughout the text Recent cases that signal changes in the law Fresh coverage of technology as used in the office, such as cloud computing, Adobe Acrobat and PDFs, Speech Recognition Software, and Electronic Billing
Concise new title by the top author in legal research. Focuses on pre-and post-search analysis for effectively filtering vast amounts of material. Teaches students how to identify the most pertinent and authoritative information to solve a legal problem. Features: Concise, reasonably priced new title from the top legal research author. Approaches legal research as a filtering process to identify the most pertinent and authoritative information from vast search results. Part I: Explains how to define a research question; pre-filter content before beginning a search; conduct research; and establish post-search criteria for filtering results. Part II: Describes essential features of individual sources of authority and search strategies unique to each source. Part III: Contains research flowcharts to help students plan research strategy for different types of research projects. Contains all information students need to learn fundamental principles of legal research. Can also be used to complement other texts and classroom materials. Not simply a shorter version of Basic Legal Research. Looks at research as a process of filtering the available information, rather than as a process that requires first choosing the right source of authority to solve a legal problem.
Interviewing, Counseling, Negotiation, and Persuasive Fact Analysis
Author: Stefan H. Krieger,Richard K. Neumann Jr.
Publisher: Wolters Kluwer Law & Business
A readable and concise introduction to the essential skills of interviewing, counseling, negotiation, and fact analysis. Features: Incorporates the latest research on: cognitive science research on fact analysis; storytelling process; and negotiation theory. Includes state-of-the-art techniques for fact investigation. Plenty of examples promote interest, accessibility, and place topics in context.