The use of testamentary trusts is becoming an important part of estate planning. As a result, students who want to make a living as probate attorneys will need to know how trusts fit into estate planning. In addition, bar examiners realize that it is important for students to have a basic knowledge of trust law. That realization will result in bar examination questions that test that knowledge. This book is designed for use as a supplementary text for a course on wills and trusts and the primary text in a seminar or course exploring the law of trusts.

The purpose of this casebook is to train law students to think and act like probate attorneys. This book is meant to be used in conjunction with the author's book on the law of trusts. This book's focus is problem-solving and legal application; the book includes numerous problems, so law students can learn to apply the law they learn from reading the cases. It also contains collaborative learning exercises to encourage students to engage in group problem-solving. The book is divided into three parts to reflect the main types of issues that students will encounter if they practice probate law. The book's organization mirrors the manner in which probate law is practiced in the real world.

The book starts with an examination of the intestacy system because the majority of people die without executing a will. Therefore, most of the legal issues a probate lawyer faces center around the intestacy system. Unlike the typical wills casebook, this book provides a detailed discussion of the intestacy system. A chapter on ethics is included because probate attorneys encounter ethical issues that are different from attorneys practicing in other areas of law.

The second part of the book includes an exploration of the testacy system. It is arranged so professors can lead students from the client interview to the will execution. The first three chapters of this section deal with issues that directly impact the existence of the inheritance system. It analyzes a person's ability to control the disposition of his or her property after death. This serves as the students' first introduction to the power of the “dead hand”. These chapters are included to start a public policy discussion about the rights of the dead, the right of heirs, and the necessity of an inheritance system. I tell my students that, when executing a will, they must think of the ways that it can be contested. In addition, I tell them that a will can be contested on two fronts-an attack on the testator and an attack on the will. Two chapters in this part highlight the ways that the testator's ability to execute a valid will may questioned.

The final chapters in this unit show the issues that can be raised to dispute the validity of the will. They also explain the different types of wills that are available. The final part of the book deals with non-probate transfers. These chapters are included to show students the other devises that people can use to distribute their property. That knowledge is important because the majority of people use these procedures to transfer their property. At the end of the semester, my students have to draft a will based upon a fact pattern that I give them. I intentionally include non-probate property in order to see if they will attempt to distribute that using the will.

Runway extension, construction of works in protected areas, subsidizing sustainable projects... they all happen within a design space, limited amongst others by legal rules and requirements. To make optimal use of the design space, you have to know about these rules and requirements. When does a contract have to be tendered out, what rules are then applicable, what can be subsidized and what are the restrictions, how to comply with air quality requirements and can a frog really block a project? What alternative designs can be given in order to avoid legal problems? These and other problems will be addressed in this course.

Provides an introduction to legal and institutional arrangements for the establishment, transfer, and control over property under US and selected comparative systems including India and South Africa. Situates the debate about property in the context of international development and planning. Examines the relationship to the use of land by individuals, entities, communities, and the State through "private" and "public" regulation. Emphasis on efficient resource use, institutional, entitlement, and cultural approaches to property, distribution, and other social aspects, and the relationship between property, culture, and democracy. This course is designed to offer an advanced introduction to key legal issues that arise in the area of property and land-use in American law, with a comparative focus on the laws of India and South Africa. The focus of the course is not on law itself, but on the policy implications of various rules, doctrines and practices which are covered in great detail. Legal rules regulating property are among the most fundamental to American, and most other, economies and societies. The main focus is on American property and land use law due to its prominence in international development policy and practice as a model, though substantial comparative legal materials are also introduced from selected non-western countries such as India and South Africa.

This Casebook is intended to be used in a course which concentrates on Constitutional Rights and centers the Fourteenth Amendment. It can be used in a first year Law School course with a title such as “Liberty, Equality, and Due Process,” as it is at CUNY School of Law, an upper division Constitutional Rights course, or an advanced undergraduate course focusing on constitutional rights, especially equality and due process.

A license is a document that specifies what can and cannot be done with a work. It grants permissions and states restrictions. Broadly speaking, an open license is one that grants permission to access, re-use and redistribute a work with few or no restrictions (definition from Openedefinition.org).

In previous modules we had a chance to discuss the background of open licenses and what they are. We learned that Creative Commons (CC) is the most widely used open license for open educational resources. In this module, we will discuss CC licenses– what they are, to what they pertain, and how to mark our works with them.

Introductory examination of the US law of intellectual property, with emphasis on patents and copyrights, and a brief look at trademarks and trade secrets. Comparisons made with regard to what can and cannot be protected, what rights the owner does and does not obtain, and how these rights come into being. Issues relating particularly to new information technologies highlighted. Assignments include case and statutory readings, written preparatory exercises, and student case presentations.

During the last fifteen years, nations across the globe embarked on a historic transformation away from centrally planned economies to market-oriented ones. However, in the common pursuit for economic growth, these transition economies implemented widely different reform strategies with mixed results. With over a decade of empirical evidence now available, this new course examines this phenomenon that has pushed the discourse in a number of disciplines, requiring us to reconsider fundamental issues such as: - the proper relationship between business, government, and the public interest; - the possible synergies and tensions between economic growth and equity; and - how economic transition has reshaped cities. The premise of the course is that the primary issue in transition involves institution-building and re-building in different contexts.

Examines alternative economic, political, and social perspectives of property rights and their policy and planning implications. Focuses on institutional and governance structures, power and control mechanisms, distributional consequences of different property rights arrangements, and problems of incomplete contracts as presented in theory and practice. Deals with property-rights issues related to two or more of the following: land, natural resources, infrastructure, or industrial organization.

This is Volume 1 of a two volume set written for Property Law. From the Preface: 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.

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.

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.

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.

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.

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.

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.

Is marriage a patriarchal institution? Much feminist scholarship has characterized it that way, but now in the context of the recent Massachusetts Supreme Court decision legalizing gay marriage, the meaning of marriage itself demands serious re-examination. This course will discuss history, literature, film, and legal scholarship, making use of cross-cultural, sociological, anthropological, and many other theoretical approaches to the marriage question from 1630 to the present. As it turns out, sex, marriage, and the family have never been stable institutions; to the contrary, they have continued to function as flash points for the very social and cultural questions that are central to gender studies scholarship.

Subject provides a conceptual framework for thinking about taxes. Applications covered include mergers and acquisitions, tax arbitrage strategies, business entity choice, executive compensation, multi-national tax planning, and others. Aimed at investment bankers and consultants who need to understand how taxes affect the structure of deals; managers and analysts who need to understand how firms strategically respond to taxes; and entrepreneurs who want to structure their finances in a tax-advantaged manner.