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Lawyering
This book thoroughly explores interviewing, counseling, negotiating, the business of lawyering, transactional work, investigations, pleadings, discovery, depositions, mediation, and dispute resolution planning. Materials prepare students for professions as civil practitioner, transactional lawyer, litigator, in house counsel, or businessperson. This 3d Edition covers the theories, strategies, and tactics involved with effective client representation and provides examples and illustrations of successful lawyers engaged in the practice of law. New materials include the impact of social and legal network communications, innovative approaches to modern practice, and the effective use of electronically stored information and data.
Fundamentals of Pretrial Litigation
This trailblazing work, now in its Eleventh Edition, continues to be the standard of pretrial texts, covering litigation practice and underlying theories. It is widely adopted in skills and clinic courses, advanced civil procedure seminars, civil procedure classes, as well as in pretrial litigation classes. The chapters comprehensively explain case planning, investigation, pleadings, discovery, ediscovery, depositions, interrogatories, document and ESI production, admission requests, sanctions, procedural and dispositive motions, effective motion advocacy, and alternative dispute resolution and settlement methods. The materials enable students to become highly competent, responsible, and eth...
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:
Investor-State Arbitration
Investor-State Arbitration describes the increasing importance of international investment and the necessary development of a new field of international law that defines the obligations of host states and creates procedures for resolving disputes. The authors examine the international treaties that allow investors to proceed with the arbitration of their claims, describe the most-commonly employed arbitration rules, and set forth the most important elements of investor-State arbitration procedure - including tribunal composition, jurisdiction, evidence, award, and challenge of annulment. The authors trace the evolution and rapid development of the field of international investment, including the formation of the International Center for the Settlement of Investment Disputes (ICSID), and the more than 2,000 bilateral investment treaties, most of which were entered into in the last twenty years. The authors explain how this development has led to far greater certainty for foreign investors in dealing with their host countries, as well as how it has incentivized growth in international trade and commerce.
The Conservative Case for Class Actions
Since the 1960s, the class action lawsuit has been a powerful tool for holding businesses accountable. Yet years of attacks by corporate America and unfavorable rulings by the Supreme Court have left its future uncertain. In this book, Brian T. Fitzpatrick makes the case for the importance of class action litigation from a surprising political perspective: an unabashedly conservative point of view. Conservatives have opposed class actions in recent years, but Fitzpatrick argues that they should see such litigation not as a danger to the economy, but as a form of private enforcement of the law. He starts from the premise that all of us, conservatives and libertarians included, believe that ma...
Comparative Law Yearbook of International Business Cumulative Index
This publication is an index of all articles published in the yearbook from its first year, 1977, to 2004.
Clearinghouse Review
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Formalisation and Flexibilisation in Dispute Resolution
Formal law versus informal justice – these are two frequently invoked labels to highlight the distinction between court-based and “alternative” dispute resolution (ADR). Indeed, it appears to be all but a truism to assume that ADR has developed as a more flexible and creative alternative to rigid and formalised judicial proceedings. In Formalisation and Flexibilisation in Dispute Resolution scholars from four continents examine both historical and recent developments that cast doubt on the validity of these widespread assumptions. They not only explore trends towards an increased formalisation of ADR procedures but also address the tendencies of state civil justice systems to adopt fle...
Settlement Agreements in Commercial Disputes: Negotiating, Drafting & Enforcement, 2nd Edition
With nearly all corporate disputes being resolved in settlements, drafting strong, enforceable settlement agreements is one of the most critical and challenging areas of corporate and commercial law practice today. Yet there has never been a single, comprehensive guide to the complex legal issues involved in negotiating, drafting and enforcing settlement agreements until Settlement Agreements in Commercial Disputes. Here, in two comprehensive volumes, including CD-Rom and forms, top experts offer insights gained from many years of litigation and dispute resolution experience to give you critical tools needed to prepare successful settlements: Sophisticated analysis of the law and its applica...
