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Property Volume 2
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This is Volume 2 of a two volume set written for Property Law. From the Preface to Volume 1: Property, as a vaguely defined collection of contract, tort, and criminal cases, does not take on the natural structure of a substantive area of the law through the systematic study of duty, breach, causation, defenses, and damages. Instead this textbook and most Property courses survey various topics in law with two goals in mind. First, we will study a number of traditional property topics, those where the issue of "ownership" and what that entails have long been thought to be a central issue. Second, but most importantly, our interdisciplinary study will introduce some of the major analytical techniques in law, from reasoning using precedent to law and economics to distributive justice. As we roam among topics, our goal is always, relentlessly to ask, "Why?" "Why should the law protect this party's interest?" These major techniques that we will pick up along the way will help us provide better and better answers to this question.

Subject:
Law
Material Type:
Textbook
Provider:
The Center for Computer Assisted Legal Instruction (CALI)
Provider Set:
The eLangdell Bookstore
Author:
Christian Turner
Date Added:
04/27/2020
Religion in the Law: An Open Access Casebook - First Edition
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CC BY-SA
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This casebook features nearly sixty cases from American courts that involve, in some important way, religious belief and action. The book is divided into sections: First Principles, Establishment, Free Exercise, and Special Problems. Each section includes landmark or otherwise influential cases that have influenced American law and religious practice. Most cases come from the U.S. Supreme Court but the lower federal and state courts are also represented.

In the contextual introductions to each section and subpart, I have tried to give the reader a basis for understanding how the cases came about and why I chose them for this book. I have tried to minimize editorial comment. I have cited some scholarship where I think it would be helpful, but please do not mistake this as an attempt to produce a comprehensive treatise on the subject of religion in the law. It is a casebook, and a short one, all things considered. At the end of each introductory part is a short “further reading” list. I chose those articles because I found each of them interesting and useful to under-standing the topics that precede them. Their selection is not necessarily an endorsement of each author’s arguments, though I do agree with some of them.

I designed this casebook specifically for my own use in a 400-level undergraduate seminar called Law & Society. Class sessions using this book are intended to be student-led, roundtable talks with the professor acting as discussion prompter and neutral mediator. Generally, two cases are assigned for each class session. I selected, edited, and arranged the cases to complement each other thematically and chronologically to the best of my ability. Many of the cases include overlapping topics and could fit into multiple categories, so I took some liberties in their arrangement. Your mileage may vary.

Subject:
Law
Material Type:
Textbook
Author:
L. Joe Dunman
Date Added:
10/29/2021
Sales and Leases: A Problem-based Approach
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CC BY-NC-SA
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Sales and Leases is a coursebook for a 3-credit course in personal property sales and leases – the subject matter of UCC Articles 2 and 2A. Adjustments could be made for other credit allocations and chapters can be used on a stand-alone basis. The course is designed so that students both review the rules and principles they studied in their first-year course in Contracts and learn the rules that apply to the subset of contracts for the sale and lease of goods. Students taking this course should be well-prepared to solve legal problems in contracts and sales, and should be well-prepared for those parts of the bar exam as well.

While the course in Contracts focuses on the rules of common-law contracts, the focus of this course is the rules found in legislation. Therefore, instead of emphasizing case analysis, the book contains a good deal of narrative that assists students in working through the complexity of the statutes. Students will need to supplement the book with a complete copy of the UCC that includes the Official Comments. Discussion of other statutes, such as UETA and Magnuson-Moss, is incorporated where appropriate.

The approach is problem-based, which we believe is more appropriate for an upper-division course based primarily on statutes. The narrative is interspersed with problems for class discussion that require students to apply the principles and rules to particular fact situations. Many times there is an issue of interpretation or policy in the Code, however, and therefore each chapter also contains at least one case that explores an issue arising under the statute.

Subject:
Law
Material Type:
Textbook
Provider:
The Center for Computer Assisted Legal Instruction (CALI)
Provider Set:
The eLangdell Bookstore
Author:
Kristen Juras
Scott J. Burnham
Date Added:
04/27/2020
Sexual Orientation and Gender Identity Employment Discrimination
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CC BY-NC-SA
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This Chapter will address the current protections that are available to lesbian, gay, bisexual and transgender (“LGBT”) individuals who allege they have been victims of employment discrimination. The Chapter’s primary focus will be on federal statutory law, particularly Title VII of the Civil Rights Act of 1964. Although the focus here is on federal law, Appendix I to this Chapter lists the states that protect individuals from public and/or private discrimination under state laws.

This topic is explored in four parts: (1) a brief overview of congressional efforts to enact a statute to protect individuals from employment discrimination on the basis of sexual orientation and gender identity; (2) discusses Title VII and sexual orientation; (3) discusses ways in which recent courts have handled sexual orientation discrimination under Title VII; and (4) similarly examines early judicial treatment of claims brought by individuals alleging discrimination on the basis of their gender identity and/or expression and explores how the law has developed in this area as well.

Subject:
Law
Material Type:
Textbook
Provider:
The Center for Computer Assisted Legal Instruction (CALI)
Provider Set:
The eLangdell Bookstore
Author:
Matthew William Green
Date Added:
04/27/2020
Sources of American Law: An Introduction to Legal Research
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CC BY-NC-SA
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At its most basic definition the practice of law comprises conducting research to find relevant rules of law and then applying those rules to the specific set of circumstances faced by a client. However, in American law, the legal rules to be applied derive from myriad sources, complicating the process and making legal research different from other sorts of research. This text introduces first-year law students to the new kind of research required to study and to practice law. It seeks to demystify the art of legal research by following a “Source and Process” approach. First, the text introduces students to the major sources of American law and describes the forms the various authorities traditionally took in print. After establishing this base, the text proceeds to instruct students on the methods they will most likely use in practice, namely electronic research techniques and the consultation of secondary sources. Sources of Law incorporates screencasts currently hosted on YouTube that actively demonstrate the processes described in the static text. Finally, the text illustrates how the different pieces come together in the legal research process.

Sources of Law focuses on realistic goals for 1Ls to learn in a relatively small amount of instruction time, and so focuses mainly on the basics. It does introduce some advanced material so that 1Ls can recognize pieces of information they may encounter in research, but it does not fully cover researching materials outside the scope of the traditional 1L course. As such, it is best-suited for introductory legal research courses for 1Ls.

Subject:
Law
Material Type:
Textbook
Provider:
The Center for Computer Assisted Legal Instruction (CALI)
Provider Set:
The eLangdell Bookstore
Author:
Beau Steenken
Tina M. Brooks
Date Added:
04/27/2020
The Story of Contract Law: Formation
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CC BY-NC-SA
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This book, revised as the Third Edition July 2019, is designed to teach contract doctrine beginning with the most fundamental concepts and building on these until the structure of contract doctrine as coherent and cohesive regulation appears. The order of presentation is, in fact, the order in which contract doctrine developed historically, but it is also, in general, the order in which arguments are introduced in litigation.

The book begins with the most basic, core concept of contract law—exchange. The book teaches exchange using simple cases drawn from the actual development of the exchange concept’s most obvious manifestation—the doctrine of consideration. These cases have basic but engaging facts. They do not take long to read, but they must be read carefully. They make an excellent introduction to law study.

Logically, every doctrine of contract formation is centered on whether and when a fair exchange occurred. In litigation, the plaintiff alleges a promise and consideration—an exchange (a plausible one, and therefore fair enough at that point). Defenses to formation are a response to the allegation that a fair exchange occurred. Allegations of both promise and consideration show that the defendant assented. As between assent and exchange, exchange is the more fundamental concept, but because the law talks so often about assent, assent is covered at length afterward so that the function of the assent doctrines is apparent.

Other doctrines, such as remedies (just an introduction in this first volume), waiver, seals, the Statute of Frauds, definiteness, and general public policy limitations are placed where students can best grasp their import in the context of the other doctrines.

Along the way, most of the doctrines in the book are repeated in the cases, questions, or in class discussion. This repetition cements understanding, builds trust, and also allows students to see how the doctrines mesh together to regulate coherently.

This book is intended for use in the first three-credit half of a six-credit course.

Subject:
Law
Material Type:
Textbook
Provider:
The Center for Computer Assisted Legal Instruction (CALI)
Provider Set:
The eLangdell Bookstore
Author:
Val Ricks
Date Added:
04/27/2020
The Story of Contract Law: Implementing the Bargain
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CC BY-NC-SA
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This book is a companion volume to Volume I, "The Story of Contract Law: Formation." Volume I introduces students to law study and teaches basic doctrines of contract formation along with formation defenses. This book, Volume II, The Story of Contract Law: Implementing the Bargain, covers the rest of basic contract doctrine, namely, laws that
1) determine the content of the bargain (plain meaning, usage and custom, good faith, mistake in transmission, parol evidence, and express and constructive conditions);
2) govern the effect of events that occur after formation (impracticability, frustration, failure of consideration, and risk of loss);
3) set remedies—rescission, damages, specific performance—available to courts when liability exists; and
4) establish the rights of third parties in contracts by assignment or delegation or as third-party beneficiaries.

This book includes many classic teaching cases and introduces new ones. The book also includes many problems, most based on actual cases. The book takes especial care with the doctrine of concurrent conditions, a common-law rule adopted in the late 1700s that required doctrinal readjustment across all the law governing contract performance and remedies.

This volume also continues several themes from Volume I. Volume II continues to tie rules to contract law’s central structural idea, that of fair exchange. Also, to the extent helpful to student understanding, Volume II explains doctrines in part through their chronological development. The book introduces the doctrines in the order best conducive to students’ understanding contract law as a regulatory whole; for this volume, it is the order in which the doctrines arise in litigation. Finally, where possible, this volume repeats ideas at helpful points and suggests ties between doctrines so that the structural coherence of contract doctrine becomes easier to understand.

Subject:
Law
Material Type:
Textbook
Provider:
The Center for Computer Assisted Legal Instruction (CALI)
Provider Set:
The eLangdell Bookstore
Author:
Val Ricks
Date Added:
12/01/2017
Torts: Cases, Principles, and Institutions
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CC BY-NC-SA
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This is the fourth edition of Torts: Cases, Principles, and Institutions, a casebook for a one-semester torts course that carves out a distinctive niche in the field by focusing on the institutions and sociology of American tort law. The book retains many of the familiar features of the traditional casebook, including many of the classic cases. Like the best casebooks, it seeks to survey the theoretical principles underlying those cases. But it aims to supplement the cases and principles with editorial notes that focus students’ attention on the institutional features of our tort system, including features such as the pervasiveness of settlements, the significance of the market, the role of the plaintiff's bar, the importance of private insurance, the contingency fee, and the jury. These institutional arrangements are what make American tort law distinctive. They are how the substantive doctrines of tort law are translated into the practice of torts lawyers. And they are sociologically fascinating in their own right.

TCPI integrates the institutional materials into the cases and notes rather than segregate them into separate sections of their own. It does so because its aim is not to teach the details of any one institution, such as the mechanics of the law of subrogation or workers’ compensation. Few one-semester torts classes can take up so much material. Instead, the book integrates the institutional material into the main text to draw general lessons about the massive, sprawling systems of private administration that American law has created under the umbrella of our torts system.

Subject:
Law
Material Type:
Textbook
Provider:
The Center for Computer Assisted Legal Instruction (CALI)
Provider Set:
The eLangdell Bookstore
Author:
John Fabian Witt
Date Added:
04/27/2020
Torts: Cases and Contexts Volume 1
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CC BY-SA
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Plain-spoken and convivial, this casebook makes a deliberate effort to explain the law, rather than to provide a mere compilation of readings and questions. Simple concepts are presented simply. Complex concepts are broken down and accompanied by examples and problems.

By being clear and straightforward, the casebook aims to quickly get students to the point where they can navigate regions of gray and build nuanced arguments. The book is written from the conviction that when students stop to puzzle over something, it should be because the law itself puzzles, not because the book obfuscates.

Students describe the book as easy to read. A key aim is context, with explanations of how pieces of doctrine fit into the bigger picture. There is also a continual effort to plug doctrine into the real world of practice, getting students to think about litigation strategy and tactics.

Another key feature is a high-degree of organization. Doctrine is explained upfront, independent of and before the cases. After the cases, there is no notes-and-questions mishmash. Historical notes, check-your-understanding questions, questions to ponder, and problems are all separately labeled as such.

The readings are rich with variety. The classic cases are here, of course. But there are also atypical readings that allow students to see tort law from different perspectives, including an opening statement, a closing argument, administrative-enforcement letters, an excerpt from a novel, and an opinion on tribal law from a Navajo court. Many selections are also startlingly modern, with facts involving texting-and-driving, alcoholic energy drinks, Facebook libel, suddenly accelerating Toyotas, and the misery of a six-hour tarmac delay.

Subject:
Law
Material Type:
Textbook
Provider:
The Center for Computer Assisted Legal Instruction (CALI)
Provider Set:
The eLangdell Bookstore
Author:
Eric E. Johnson
Date Added:
04/27/2020
Torts: Cases and Contexts Volume 2
Conditional Remix & Share Permitted
CC BY-SA
Rating
0.0 stars

Plain-spoken and convivial, this casebook makes a deliberate effort to explain the law, rather than to provide a mere compilation of readings and questions. Simple concepts are presented simply. Complex concepts are broken down and accompanied by examples and problems.

By being clear and straightforward, the casebook aims to quickly get students to the point where they can navigate regions of gray and build nuanced arguments. The book is written from the conviction that when students stop to puzzle over something, it should be because the law itself puzzles, not because the book obfuscates.

Students describe the book as easy to read. A key aim is context, with explanations of how pieces of doctrine fit into the bigger picture. There is also a continual effort to plug doctrine into the real world of practice, getting students to think about litigation strategy and tactics.

Another key feature is a high-degree of organization. Doctrine is explained upfront, independent of and before the cases. After the cases, there is no notes-and-questions mishmash. Historical notes, check-your-understanding questions, questions to ponder, and problems are all separately labeled as such.

The readings are rich with variety. The classic cases are here, of course. But there are also atypical readings that allow students to see tort law from different perspectives, including an opening statement, a closing argument, administrative-enforcement letters, an excerpt from a novel, and an opinion on tribal law from a Navajo court. Many selections are also startlingly modern, with facts involving texting-and-driving, alcoholic energy drinks, Facebook libel, suddenly accelerating Toyotas, and the misery of a six-hour tarmac delay.

Please note that the publisher requires you to login to access and download the textbooks.

Subject:
Law
Material Type:
Textbook
Provider:
The Center for Computer Assisted Legal Instruction (CALI)
Provider Set:
The eLangdell Bookstore
Author:
Eric E. Johnson
Date Added:
04/27/2020
Trademark Law: An Open-Source Casebook - 7.0
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CC BY-NC-SA
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Trademark Law: An Open-Source Casebook is a free, “open” textbook designed for a four-credit trademark course, which is what I teach at NYU School of Law. Model syllabi for four-credit and three-credit courses are available in the Faculty Resources section of this website.

Subject:
Law
Material Type:
Textbook
Author:
Barton Beebe
Date Added:
11/08/2021
Trademark Law: An Open-Source Casebook Version 6.0
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CC BY-NC-SA
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Trademark Law: An Open-Source Casebook is a free, “open” textbook designed for a four-credit trademark course, which is what I teach at NYU School of Law. Model syllabi for four-credit and three-credit courses are available in the Faculty Resources section of this website.

Subject:
Law
Material Type:
Textbook
Provider:
New York University
Author:
Barton Beebe
John M. Desmarais
Date Added:
04/27/2020
U.S. Federal Income Taxation of Individuals 2017
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CC BY-NC-SA
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This textbook is not intended to be an exhaustive treatise; rather, it is intended to be far more useful than that for beginning tax law students by equipping the novice not merely with unmoored detail but rather with a rich blueprint that illuminates the deeper structural framework on which that detail hangs (sometimes crookedly). Chapter 1 outlines the conceptual meaning of the term “income” for uniquely tax purposes (as opposed to financial accounting or trust law purposes, for example) and examines the Internal Revenue Code provisions that translate this larger conceptual construct into positive law. Chapter 2 explores various forms of consumption taxation because the modern Internal Revenue Code is best perceived as a hybrid income-consumption tax that also contains many provisions—for wise or unwise nontax policy reasons—that are inconsistent with both forms of taxation. Chapter 3 then provides students with the story of how we got to where we are today, important context about the distribution of the tax burden, the budget, and economic trends, as well as material on ethical debates, economic theories, and politics as they affect taxation.

Armed with this larger blueprint, students are then in a much better position to see how the myriad pieces that follow throughout the remaining 19 chapters fit into this bigger picture, whether comfortably or uncomfortably. For example, they are in a better position to appreciate how applying the income tax rules for debt to a debt-financed investment afforded more favorable consumption tax treatment creates tax arbitrage problems. Congress and the courts then must combat these tax shelter opportunities (sometimes ineffectively) with both statutory and common law weapons. Stated another way, students are in a better position to appreciate how the tax system can sometimes be used to generate (or combat) unfair and economically inefficient rent-seeking behavior.

Subject:
Law
Material Type:
Textbook
Provider:
The Center for Computer Assisted Legal Instruction (CALI)
Provider Set:
The eLangdell Bookstore
Author:
Deborah A Geier
Date Added:
04/27/2020
United States Copyright Law
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CC BY-NC-SA
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This Intellectual Property Supplement from eLangdell Press contains the text of federal laws and regulations in the area of copyright, trademarks and patents. The editors have endeavored to gather all relevant laws, rules and regulations. This collection is intended to be used primarily as a statutory supplement for law students and legal scholars in academic settings, although practitioners in this area of law will also find it useful.This volume, Volume 1: Copyright Statutory Law contains the text of Title 17 of the United States Code as it appears on the most current edition available on the U.S. Government website FDSYS. Updates to the U.S. Code not yet found in the FDSYS published editions can be found in the United States House of Representatives Office of Law Revision Counsel's Classification Tables.

Subject:
General Law
Law
Material Type:
Textbook
Provider:
The Center for Computer Assisted Legal Instruction (CALI)
Provider Set:
The eLangdell Bookstore
Author:
Editorial Staff of eLangdell Press
Date Added:
04/16/2012
United States Patent Law
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CC BY-NC-SA
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This Intellectual Property Supplement from eLangdell Press contains the text of federal laws and regulations in the area of copyright, trademarks and patents. The editors have endeavored to gather all relevant laws, rules and regulations. This collection is intended to be used primarily as a statutory supplement for law students and legal scholars in academic settings, although practitioners in this area of law will also find it useful.This volume, Volume 2: Patent Statutory Law contains the text of Title 35 of the United States Code as it appears on the most current edition available on the U.S. Government website FDSYS. Updates to the U.S. Code not yet found in the FDSYS published editions can be found in the United States House of Representatives Office of Law Revision Counsel's Classification Tables.

Subject:
General Law
Law
Material Type:
Textbook
Provider:
The Center for Computer Assisted Legal Instruction (CALI)
Provider Set:
The eLangdell Bookstore
Author:
Editorial Staff of eLangdell Press
Date Added:
04/16/2012
United States Securities Law
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CC BY-NC-SA
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Securities Law: Selected Statutes and Regulations contains the text of federal laws and regulations in the area of securities as published by the United States Government Printing Office on the FDSYS website. The currency of each law and regulation can be found in its header block. The editors have endeavored to gather all relevant laws, rules and regulations related to this area of law, including Securities Act of 1933, The Securities and Exchange Act of 1934, the Investment Company and Investment Advisors Acts of 1940, Sarbanes-Oxley, Dodd-Frank and the regulations and forms promulgated under them. It also contains the Attorney Standards of Conduct in this area. It is intended to be used primarily as a statutory supplement for law students and legal scholars in academic settings, although practitioners in this area of law will also find it useful.

Subject:
General Law
Law
Material Type:
Textbook
Provider:
The Center for Computer Assisted Legal Instruction (CALI)
Provider Set:
The eLangdell Bookstore
Author:
Editorial Staff of eLangdell Press
Date Added:
01/01/2012
United States Trademark Law
Conditional Remix & Share Permitted
CC BY-NC-SA
Rating
0.0 stars

This Intellectual Property Supplement from eLangdell Press contains the text of federal laws and regulations in the area of copyright, trademarks and patents. The editors have endeavored to gather all relevant laws, rules and regulations. This collection is intended to be used primarily as a statutory supplement for law students and legal scholars in academic settings, although practitioners in this area of law will also find it useful.This volume, Volume III: Trademark Statutory Law contains Chapter 22 of Title 15 of the United States Code as it appears on the most current edition available on the U.S. Government website FDSYS. Updates to the U.S. Code not yet found in the FDSYS published editions can be found in the United States House of Representatives Office of Law Revision Counsel's Classification Tables.

Subject:
General Law
Law
Material Type:
Textbook
Provider:
The Center for Computer Assisted Legal Instruction (CALI)
Provider Set:
The eLangdell Bookstore
Author:
Editorial Staff of eLangdell Press
Date Added:
04/16/2012
Unpacking Creative Commons Licenses
Unrestricted Use
CC BY
Rating
0.0 stars

This editable resource is a 1-page handout explaining the six different Creative Commons licenses, their symbols, full names, and what users may, must, and must not do according to the terms of the licenses. This resource does not replace Creative Commons legal or human-readable license versions.

Subject:
General Law
Law
Material Type:
Reading
Provider:
Virginia Tech
Provider Set:
VTech Works
Date Added:
01/01/2014
Wetlands Law: A Course Source
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CC BY-NC-SA
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The Wetlands Law Course Source can be used as the primary text for a two credit seminar or as a supplemental text to cover wetlands material in an environmental law, natural resources law, or water law course. In addition, the administrative law chapter can be used as a supplement in a range of administrative law-related courses, such as environmental law, health law, labor law, immigration law, and others, to introduce basic administrative law concepts.

Unlike traditional casebooks or coursebooks, a “course source” includes resources to train students in all three apprenticeships identified by the Carnegie Foundation in its influential report on legal education, Educating Lawyers: Preparation for the Profession of Law. To address the knowledge apprenticeship, the Wetlands Law Course Source includes all of the traditional elements of a casebook or coursebook (cases, commentary, notes and questions) and includes several hypotheticals and problem exercises that focus on reinforcing wetlands law. In addition, as one of the many forms of summative and formative assessment included in the book, every chapter includes one or more CALI exercise as a “quiz” to reinforce the material covered in the chapter. To address the skills apprenticeship, the Wetlands Law Course Source includes sixteen separate legal research exercises, several drafting exercises, a negotiation exercise, and an interviewing and counseling exercise. To address the values apprenticeship, the Course Source includes several professionalism scenarios, with questions related to the scenarios.

Subject:
Law
Material Type:
Textbook
Provider:
The Center for Computer Assisted Legal Instruction (CALI)
Provider Set:
The eLangdell Bookstore
Author:
Stephen M. Johnson
Date Added:
04/27/2020
What Color is Your C.F.R.?
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CC BY-NC-SA
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What Color is Your C.F.R.? is a problem-based law workbook with a colorful twist. Conceived and written by law librarians, it uses easy to understand plain language and is a light-hearted but helpful supplement to instruction on basic legal research. The book takes a non-traditional approach to legal research and uses short legal research exercises and coloring.

Subject:
Law
Material Type:
Textbook
Provider:
The Center for Computer Assisted Legal Instruction (CALI)
Provider Set:
The eLangdell Bookstore
Author:
Elizabeth Gotauco
Nicole Dyszlewski
Raquel M. Ortiz
Date Added:
04/27/2020