Kategoria BISAC: Law >> Civil Procedure

Of all amendments to the U.S. Constitution, the Fourth has been called the most ambiguous, and it is from that amendment that search and seizure laws are primarily drawn. Students will learn about the legal issues and cases argued concerning protection of property and privacy, searching homes and businesses, searching people in public places, searching automobiles and baggage, and wiretapping. The Exclusionary Rule and the right to privacy beyond search and seizure are specifically examined in detail.

This unique book covers all aspects of operating and maintaining a tax exempt organization, within federal and state laws, from creation to dissolution. It begins by defining the various functions of organizers; the types of organizations, including unincorporated associations, charitable trusts, foundations, and nonprofit corporations; and the duties and liabilities imposed by the law on such organizations. The author shows how to determine if the goals and purposes of the organization fit into the statutory scheme for obtaining tax exempt status and helps the reader to decide which type...

Here is one of the first books specifically geared for legal practitioners involved in liability arising out of participation in professional and amateur athletics. In a lively and highly readable manner, Yasser applies tort law principles to a wide variety of sports cases--from such publicized cases as Dale Hackbart v. Boobie Clark, Rudy Tomjanovich v. The Los Angeles Lakers, and Bill Walton v. Dr. Cook to the more obscure such as Virgil v. Time Inc. and Spahn v. Julian Messner Inc. In each he expertly underscores relevant, useful information that can be used in daily practice. The...

Dempsey and Thoms provide an authoritative overview of the development of transportation law in the America in the last century. They trace the development of American transportation (including railroads, pipelines, water transport, motor carriers, and airlines), the origins of economic regulation, the changing role of regulators, and the effects of deregulation. Economic regulations are separated into three areas: policing entry and exit from transportation, efforts to keep rates just, reasonable, and nondiscriminatory, and mergers, consolidations, antitrust, and other issues. The...

This book can improve the effectiveness of those working within the legal process and in legal policy. It seeks to clarify how the examination of risk levels, time allocation, and other legal policy situations can lead to optimum choices. The principles discussed are amplified by illustrative examples covering such important subjects as right to counsel, plea bargaining, client selection, pretrial release, jury size, crime prevention, delay reduction, and many other controversial and problematic issues of concern to the practicing attorney, the legal scholar, and the legal policymaker....

A brief yet comprehensive and clearly written compendium of the most important federal energy, environmental, and natural resource statutes through 1982. Freedman's special talent is the ability to relate Congressional intent to the policy context within each act was written. . . . This] is a sweeping panoply of statute summaries replete with citations, and is thus highly suitable as a reference work. "Choice"

This book discusses 69 major federal environmental laws that have a direct impact on companies operating in the United States. Coverage includes every major statute from the...

A complete overview of developments in statutory and common law that provide increased protection for whistleblowers and authorize punitive and compensatory damages in wrongful discharge actions. An overview of court decisions and the constitutional roots of whistleblower protection is included along with available legal remedies under both state and federal law. An extensive appendix lists texts of whistleblower protection laws.

"Human Resource Management News"

Beginning with an overview of the jurisprudential and constitutional roots of whistleblower protection, the authors go on...

Irwin asserts that the federal government, in the name of preserving national security, has imposed such additional regulation on American businesses that their competitive position in global markets has been severely compromised. In his well-written, cogently argued account of the impact of national security regulations on competitive freedom, Irwin demonstrates that federal government agencies--the Departments of State, Commerce, and Defense; the National Technical Information Services; the Federal Communications Commission; and others--all attempt to micromanage the firm's decision to...

"Interactive Corporate Compliance"] is a creative contribution to the generally moribund business regulation literature. It makes compelling reading. American Business Journal, Winter 1990

This book describes a new approach to business-government interactions while giving business and government officials a new set of practical proposals for change. Throughout U.S. history, the relationship between business and government has fluctuated constantly under the influence of changing political conditions, rather than in response to a conscious design. The proper relationship between...

This volume presents a cogent analysis of the legal and economic consequences arising from expansion in the doctrine of strict liability and the corresponding decrease in the importance of proving fault. Vandall's goal is to illuminate the role of strict liability in the largely unheralded and informal development of the American compensation system. To this end, he examines and explains the widening of strict liability during the last 121 years, with particular emphasis on the past 29 years.

Vandall begins with a historical overview of strict liability, arguing that the policies which...

With more than 11,000 deaths and over two million injuries and diseases attributed to workplace-related hazards each year, the prevention of injuries, death, and disease in the workplace has been of increasing concern to lawyers, labor unions, government officials, insurance companies, and legal scholars. In this volume, noted legal specialist Warren Freedman presents both a comprehensive exposition of common workplace hazards and a detailed survey of the applicable statutes, case law, and court decisions that have developed in this growing field of litigation and regulation. The author...

Designed specifically for labor management advocates and their clients in the public sector, this book is a comprehensive yet practical guide to the arbitration of grievances in public employment. The authors, both experienced arbitrators themselves, offer step-by-step advice on the preparation and presentation of arbitration cases and provide a detailed description of effective grievance resolution through the effective use of the grievance procedure. Written in a style accessible to those without substantial academic training in labor relations law, the volume's purpose is to equip the...

In the 1970s, the Supreme Court directly ruled for the first time that commercial speech is protected by the free speech clause of the Constitution. The Court, however, did not grant it the full protection afforded to political and artistic speech. The SEC regulates a vast array of corporate speech that it considers to be a type of commercial speech. In this book, Professor Nicholas Wolfson examines the SEC's considerable powers in the control of corporate information and argues that the Court's distinction between political-artistic speech and corporate speech is erroneous.

Wolfson...

The first comprehensive work on the subject, this volume covers all the legal and economic issues raised by gray market goods--genuine trademarked goods manufactured with the authority of the trademark owner but imported without that entity's permission. Seth Lipner analyzes in detail the relevant judicial decisions, administrative actions, and legislation and provides a thorough discussion of the trademark law, copyright, antitrust, customs practice, and fraud issues involved in the importation of gray market goods. Designed to help both the legal and business communities understand and...

The dramatic rise in air traffic, together with rapid residential and commercial development around our metropolitan areas, has strained the capacity of airports to serve the public safely and efficiently. Hardaway's book explores this problem in depth. Drawing on both the hands-on expertise of professionals in the field and a thorough grounding in law and public policy, it looks at the laws governing airport development and addresses the complex regulatory and policy issues surrounding the construction, expansion, and operation of airports.

Beginning with a review of airport regulation...

The entertainment business is a most democratic field, offering success to anyone who has the talent, ability, and drive to master their art. But in order to achieve this goal, an individual must also possess knowledge, particularly in the area of contracts and agreements. This work represents a comprehensive overview of the procedures, timing, and agreements used in the motion picture, television, and video industries, and provides model contracts and explanations as to why specific clauses are employed and what the mutual benefits of each may be.

The work presents the major contracts...

This provocative exploration of the issues surrounding free speech protection calls into question some important assumptions underlying much of contemporary free speech case law. The author considers the free speech issues associated with matters as diverse as the use of racial epithets, flag burning, obscenity, and speech by public school students, public school teachers, and public employees in general. He argues persuasively that free speech law has become unnecessarily complex and that free speech protection has been extended well beyond the bounds suggested by the various reasons for...

Drinking alcohol can, in rare instances, provoke a temporary psychotic often violent reaction called pathological intoxication. Although it was medically identified in 1869, pathological intoxication has been an enigma to the law for over a century, primarily because the actual medical and psychiatric aspects of the concept have not been adequately explained before. But, as the authors of this volume point out, it is crucial for the defense attorney and the prosecutor to understand whether pathological or ordinary intoxication is involved in a particular case because pathological...