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Public Nuisance
In Public Nuisance, Linda Mullenix describes the landscape of 21st century mass tort litigation involving public harms - including lead paint, opioids, firearms, e-cigarettes, climate change, and environmental pollution - and the novel theory of public nuisance that lawyers and local governments have used to receive compensation from those who have created public nuisances. The book surveys conflicting judicial decisions rooted in common law and statutory interpretation and evaluates the competing arguments for and against the expansion of public nuisance law. Mullenix argues that that the development of public nuisance theory is part of the historical arc of mass tort litigation and suggests a middle approach to new public nuisance law, namely that we should embrace the common law and legislated public nuisance statutes.
The Third Branch
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Norms and the Law
Publisher Description
Motion Practice
This comprehensive guide not only analyzes every applicable rule of civil procedure, but also gives you practice-proven techniques for evaluating what motions will work most effectively in each of your cases. From early pretrial motions dealing with complaints and jurisdiction to appellate motion practice for both victor and vanquished, Motion Practice, Eighth Edition shows you both what is permissible and what is advisable in such aspects of motion practice as:
Leading Cases in Civil Procedure
This book assembles a set of cases, constitutional provisions, statutes, and rules that embody a core canon of decisional law in civil procedure. This text focuses on a core canon and sets forth the leading cases in civil procedure, in greater length and detail than in other civil procedure casebooks on the market. The focus of this text is to cover fewer cases, but in greater depth. In addition, this book includes concurring and dissenting opinions that frequently have been eliminated from other texts. The book is designed based on a fourteen-week curriculum, with fourteen chapters that provide easy and simple guidance for working through the course. Each week addresses a topic and assembles the core cases, statutes, or rules that students and the professor reasonably may study in four hours of class time. In addition to the book's fourteen-week structure, the text also offers materials for alternative weeks that may be substituted for topics covered in the main text.
Legal Canons
Every discipline has its canon: the set of standard texts, approaches, examples, and stories by which it is recognized and which its members repeatedly invoke and employ. Although the last twenty-five years have seen the influence of interdisciplinary approaches to legal studies expand, there has been little recent consideration of what is and what ought to be canonical in the study of law today. Legal Canons brings together fifteen essays which seek to map out the legal canon and the way in which law is taught today. In order to understand how the twin ideas of canons and canonicity operate in law, each essay focuses on a particular aspect, from contracts and constitutional law to questions of race and gender. The ascendance of law and economics, feminism, critical race theory, and gay legal studies, as well as the increasing influence of both rational-actor methodology and postmodernism, are all scrutinized by the leading scholars in the field. A timely and comprehensive volume, Legal Canons articulates the need for, and means to, opening the debate on canonicity in legal studies. Table of Contents
Due Process as American Democracy
Due Process as American Democracy provides a fresh view of the constitutional guarantee of due process, grounded in an original perspective on the nature of American democratic theory. Redish proposes radical alterations in current judicial approaches to the nature of due process in a variety of areas of judicial procedure and constitutional law.
