Fundamentals of American Law

Front Cover
Oxford University Press, 1996 - Law - 666 pages
The American legal system today is the most significant in the world, yet until the publication of Fundamentals of American Law, there has been no book that provides both the basic rules on the theoretical understanding necessary to comprehend. This book is not simply the work of a singleauthor, but a collection of especially written essays, each by an expert in the field, all of whom are on the faculty of New York University School of Law, which is recognized as one of the elite law schools in America and which offers this book as an element of its unique Global Law SchoolProgramme.The book is written specifically for foreign lawyers and law students who have a need to deal with American Law generally, but are not seeking to become specialists in any one area. For them, it is vital to understand the basic principles of a wide range of American legal fields so they can act asinformed intermediaries between their public or private clients and their American counterparts. The book not only provides the reader with a solid foundation in American law, but will also serve as a basic reference book for the fundamentals, even as some of the details change over the years.Although initially conceived to fill a void for foreign lawyers, the book is also ideally suited for others who have a significant need to understand the basic principles of American Law and to interact with American lawyers. For this reason it will be an ideal course text for students of business,accountancy, political science, or public administration, where the enquiring student will constantly find intersections with the law.The book is more than a compendium of legal principles. Each chapter explains not only what the law is, but why it is that way. It sets forth the policy considerations in institutional factors that produce a particular law so the reader can make an independent judgement about its wisdom and perhapsits adaptibility to other cultures.
 

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Contents

List of Contributors
xxv
Table of Cases
xxxiii
Table of Legislation
liii
Introduction
1
Common Law Systems
9
The Sources and Limits of Legal Authority
27
Courts
57
An Overview of the Bill of Rights
83
B International Choice of Law
191
HI Judgments Enforcement
193
A International Judgments Enforcement
196
Contract
201
Performance
223
Torts
239
Property
263
The Ultimate Protection of Property Rights
291

Adn linistrative
129
A RuleMaking
137
B Adjudicatory Procedure
138
Judicial Review
143
B Scope
145
Freedom of Information
148
The American Legal Profession STEPHEN GILLERS
151
Entering the Profession
152
Regulating the Profession
154
Malpractice and Related Claims
157
Court Sanctions
159
Right to Counsel
160
Conflicts of Interest
161
Confidentiality
164
Adversary Justice
166
Legal Fees
168
Lawyers Employed by Corporations
170
Marketing Legal Services
171
The Judiciary
173
More Competition
175
Conflict of Laws LEA BRILMAYER
177
Personal Jurisdiction
178
A The Fourteenth Amendment Due Process Clause
180
B Jurisdiction Over International Cases
183
Choice of Law
184
A Constitutional Limitations
190
Corporations and Other Business Organizations
331
Commercial
365
The Common Law of Suretyship and Guaranty
391
Family
397
Private Family LawMarriage Separation
413
Antitrust
427
Monopolization
433
Mergers
439
Horizontal Agreements
444
Conclusion
457
The Plan of Reorganization
473
Environmental
481
Law
491
Enforcement Techniques
498
Conclusion
506
Intellectual Property
507
Labor and Employment
535
E Religious Discrimination
548
Selection of Exclusive Bargaining
555
Conclusion
561
Federal Regulation of Securities
583
Conclusion
608
Federal Taxation of United States Corporations
626
Federal Taxation of Other Flow Through
635
Federal Estate and Gift Taxes
645
Copyright

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About the author (1996)


Alan Morrison has served as professor at both Harvard Law School and New York University Law School. He is currently a Senior Attorney for the Public Citizen Litigation Group in Washington, DC, which he co-founded with Ralph Nader.

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