Kategoria BISAC: Law >> Civil Procedure

Several Supreme Court battles during the Warren-Burger era finally brought public sector employees under constitutional protection, setting forth a new legal framework for personnel management. This new framework requires administrators to manage personnel foremost in compliance with the established constitutional principles without necessarily sacrificing efficiency. "Public Personnel Administration and Constitutional Values" is a sketch of this new framework in which constitutionalism and judicial accountability become defining characteristics.

In the text the author provides, for the...

Contrasting arbitration of securities disputes with litigation in the courts, this book reviews the interaction of federal securities laws and arbitration in light of caselaw. This review culminates in the recent U.S. Supreme Court cases supporting the validity of predisputed arbitration agreements even when there are claims of fraud and violations of federal securities law. The common law view of arbitration and the Federal Arbitration Act of 1925 are discussed, as are the arbitration process and forums within the securities industry. Procedures (e.g. evaluating the merits of a claim,...

This book tells the story of the polution-related activities of companies from the pulp and paper and electric utility industries. The authors trace the development of air and water pollution regulations, analyze pollution data obtained from the EPA offices filed by the companies, and examine the impact of companies' pollution performance on their economic performance. Specifically, the book conducts a comparative analysis of pollution performance of the companies over an eight-year period to evaluate whether the companies have been successful in reducing pollution emissions over this...

It is estimated that over one-half of all litigation today is related, in some degree, to issues involving economic damages. This handbook presents the basic elements involved in the evaluation of economic damages associated with wrongful death and personal injury cases. It will assist practicing attorneys to understand, through examples, the conceptual issues involved in the determination of economic damages, and the methods used to evaluated such damages.

The book is divided into two main sections. The first section of the book is devoted to estimation procedures specific to wrongful...

Constant change and apparent self-contradictions seem to be integral parts of the numerous laws that confront people making security-related decisions. Why is it that sometimes it is necessary to get a warrant before making a search or give warnings before conducting an interview and sometimes it isn't? In some situations it seems legally safe to require drug tests while in others, the law seems to say it can't be done. Does the law look at the theft of a list of customers the same way it looks at the theft of computer hardware? It is the intent of this book to remove some of the confusion...

The comprehensive guide to all the essential legal and business considerations to be taken into account in structuring and negotiating technology-driven corporate alliances. Readers are provided with a clear and concise introduction to the nature and scope of the legal rights relating to new technologies and a framework for evaluating prospective business partners and for identifying the key contracting issues. An indispensable resource for consummating licensing, research and development, manufacturing and distribution, and corporate partnering arrangements, as well as managing...

Business professionals and business managers are guilty of malpractice when they fail to meet the high standards of conduct and ethics governing their professions or when they engage in conduct that injures others. Freedman explores the nature of malpractice using commonly understood codes of ethics and statements of principles for 17 professions, and then looks at the practices closely in the light of court decisions. He also considers professional malpractice insurance and the right of professionals to determine for themselves whether the gains to be had from settling a malpractice claim...

This book on the legal aspects of aerospace activities from government procurement to insurance, financing, communications, space transportation, intellectual property, trade, antitrust and technology transfer is comprehensive yet self-contained and practical. The rational distribution of materials among 11 chapters makes topics of specific interest easy to find. This guide is essential reading for executives of aerospace companies and their contractors as well as government agencies, lawyers and other professionals.

The specific materials contained in the book are introduced by a...

How has the legal system used its traditional body of copyright and patent law to protect rights in computer software? The last 15 years have changed the entire landscape with regard to the creation and protection of software as intellectual property. Written by a computer expert with extensive participation in some of the most important software trials of the period, this book invites you to think critically about significant software issues and learn about the legal pitfalls surrounding software development in the industry today.

The book is organized around various legal issues...

This book provides a detailed overview of mediation, from the premediation conference through all stages of the mediation session. It guides the new mediator through the mediation process by answering the one hundred questions most frequently asked by new mediators. The book has been used successfully for self-instruction and as a training manual. Experienced mediators and attorneys who represent clients in mediation will also find this book extremely useful. The Appendix 'Everything You Never Wanted to Know About the Rules of Evidence' is especially valuable for the non-attorney mediator,...

The increased technical nature of litigation coupled with an increase in the number of cases have given rise to the need for a book specifically written for scientists and engineers called to testify as expert witnesses. Unique in its approach, The Scientist or Engineer as an Expert Witness assists these experts in clearly conveying the often complicated information to a non-technical audience.

Highly detailed and exceedingly thorough in scope, the book begins with a complete discussion of the functions of the expert witness before delving into the process...

The family and the law, with its attendant legal systems, share a pervasive connectedness. With this new volume, family practitioners and scholars can begin to increase the family's position in relation to the law and legal system. The contributing authors bring to light the power of laws and the ways to influence them, for the benefit of the family.

Until The New Press first published "May It Please the Court" in 1993, few Americans knew that every case argued before the Supreme Court since 1955 had been recorded. The original book-and-tape set was a revelation to readers and reviewers, quickly becoming a bestseller and garnering praise across the nation.

"May It Please the Court" includes both live recordings and transcripts of oral arguments in twenty-three of the most significant cases argued before the Supreme Court in the second half of the twentiethcentury. This edition makes the recordings available on an MP3 audio CD....