%{search_type} search results

• Statutory provisions : some basic principles
• Claim forms and formats in general
• Apparatus or machine claims
• Method or process claims
• Other types of claims
• Composition of matter claims--chemical cases
• Claims of varying scope
• Nonart rejections
• Claiming biotechnology inventions
• Thoughts on writing a claim -- Appendix A: Claim-drafting principles and practice in claim-drafting techniques -- Appendix B: The art of describing structures in patent drawings including a glossary of mechanical terms -- Appendix C1: Primary sources: Patent office examples: Abstract ideas -- Appendix C2: Primary sources: Subject matter eligibility -- Appendix D: Glossary and index of patent terms

• Introduction
• Part one. The problem
• Distrust and democracy
• The partisanship trap
• Overconfidence
• The times they were a changin'
• Part two. The solution
• What we do when we don't know
• The least harm principle
• Rebuilding trust
• Backsliding
• The crossroads.

• Introduction
• Cross-cutting legal concepts
• Equity
• Buildings
• Reducing transportation GHGs
• Scaling up renewable energy
• Decarbonizing the city's waste
• Conclusion.

• Introduction
• Conceptualizing and studying perceptions of appropriate government authority and support for institutional change
• Exploring how people think about government action
• Assessing the credibility of constitutional experts
• Examining justifications for citizens' evaluations of legislative action on gun control and immigration
• Valuing institutions : the United States Supreme Court
• Electoral expectations and support for constitutional change
• Institutional prospects : exploring support for changes to the United States Supreme Court
• Conclusion.

"This book considers institutions such as the Supreme Court to learn how citizens' expectations of political gains and losses can shape their feelings about strategies and measures involving constitutional change"-- Provided by publisher.

• Themes of employment law
• Legal boundaries of the employment relationship
• Historical foundations of employment at will
• Contract Limitations on employment at will
• Tort Limitations on employment at will
• Good-faith limitations on employment at will
• Employee free speech and political protections
• Employee privacy rights on and off the job
• Employer references and defamation
• Duty of loyalty and trade secrets
• Noncompete agreements and other restrictive covenants
• Employee inventions
• Employment discrimination
• The Fair Labor Standards Act
• State Wage-and-hour laws
• Leave time
• Unemployment and unemployment insurance
• Pensions
• Employer-provided health insurance
• Workers' compensation
• The occupational safety and health act
• Enforcement architecture
• Arbitration.

"The seventh edition of Employment Law focuses on the general structure of employment law in the United States, while recognizing variation in the states on many issues. It uses important unifying themes to tie the materials together, such as the relationship between employment law and labor markets and the strategies of employers and employees in reacting to employment laws. The seventh edition carries forward most of the cases and materials that have proven to be good teaching tools to permit a smooth transition for current users"-- Provided by publisher.

• Volume 1. Deferred Action for Childhood Arrivals (DACA) program
• Temporary Protected Status (TPS)
• Humanitarian Parole
• B-1 and B-2 Visas and the Visa Waiver Program (VWP)
• E-1 and E-2 Visas
• H-1B Visas
• H-2B Visas
• L-1 Visas
• The O-1 Visa
• R-1 Visas
• TN USMCA Professionals
• Volume 2. The PERM process
• Alternatives to PERM overview : EB-2 national interest waivers, EB-1A extraordinary ability, and EB-1B outstanding researcher or professor
• EB-1C multinational executives and manager visas
• K-1 and K-3 nonimmigrant visas
• Family-based immigration
• VAWA self-petitions
• T Nonimmigrant status
• U Nonimmigrant status
• Consular processing
• Post-permanent residence concerns
• Naturalization and citizenship.

"AILA’s Immigration Law Practice and Procedure Manual: A “Cookbook” of Essential Practice Materials, by Ari Sauer and Greg Siskind, provides the reader with thorough, how-to guidance on preparing and filing many of the more common immigration applications and petitions. Each chapter contains all the resources most attorneys will need to prepare a specific type of immigration case, making this reference a useful training tool for newer immigration lawyers, as well as a handy practice aid for more seasoned practitioners"-- Provided by publisher.

• Sacred trust or sacred right?
• Parenting as a sacred trust
• Parenting as a sacred right
• Toward constitutional parenthood
• Conclusion: The world all before them.

In this bold and timely work, law professor Jeffrey Shulman argues that the United States Constitution does not protect a fundamental right to parent. Based on a rigorous reconsideration of the historical record, Shulman challenges the notion, held by academics and the general public alike, that parental rights have a long-standing legal pedigree. What is deeply rooted in our legal tradition and social conscience, Shulman demonstrates, is the idea that the state entrusts parents with custody of the child, and it does so only as long as parents meet their fiduciary duty to serve the developmental needs of the child. Shulman's illuminating account of American legal history is of more than academic interest. If once again we treat parenting as a delegated responsibility-as a sacred trust, not a sacred right-we will not all reach the same legal prescriptions, but we might be more willing to consider how time-honored principles of family law can effectively accommodate the evolving interests of parent, child, and state.

• Introduction
• Setting the scene : proliferating pictures and the advent of photography and cinema
• "Has a beautiful girl the right to her own face?" : privacy, propreity, and property
• Medical men and peeping toms : spectacles of monstrosity and the camera's corporeal violations
• Privacy, the celluloid city, and the cinematic eye
• Privacy for profit and a right of publicity
• Hollywood heroes and shameful hookers : privacy moves West
• Conclusion.

A compelling account of how women shaped the common law right to privacy during the late nineteenth and early twentieth centuries. Drawing on a wealth of original research, Jessica Lake documents how the advent of photography and cinema drove women--whose images were being taken and circulated without their consent--to court. There they championed the creation of new laws and laid the groundwork for America's commitment to privacy. Vivid and engagingly written, this powerful work will draw scholars and students from a range of fields, including law, women's history, the history of photography, and cinema and media studies.

• The myth of the adversary system
• The all-powerful prosecutor
• A poor person's justice
• Judges and the politics of crime
• The whitewashed jury
• Courts of profit
• The madness of measuring mental disorders
• An excess of punishment
• More justice, less crime.

"Lawyer Stephen Bright and legal scholar James Kwak offer an overview of how the criminal legal system fails to live up to the values of equality and justice. The book ranges from poor people squeezed for cash by private probation companies because of trivial violations to people executed in violation of the Constitution despite overwhelming evidence of intellectual disability or mental illness. They also show examples from around the country of places that are making progress toward justice"-- Provided by the publisher.

• Foundations of federal agency adjudication
• Structure of adjudicative authority
• Adjudicators
• Parties and representatives
• Procedure
• Management, oversight, and coordination.

"This expanded treatment of the subject covers topics including recent constitutional developments related to federal agency adjudication, the wide word of "informal" adjudication conducted outside the APA, the internal management and external oversight of adjudication programs, and developments in the use of technology to support and manage adjudication. While government and private counsel engaged in administrative adjudication under the APA will still find this Guide practically useful, its focus on questions of institutional design will prove invaluable for an expanded audience of executive- and legislative-branch policy makers, federal judges, academic researchers, nongovernmental organizations, advocates, and others involved with federal administrative agencies"-- Provided by publisher.

• Introduction
• "A king, under the title of president"
• "English whigs, cordial in their . . . jealousies of their executive magistrate"
• Constituting "his highness" the president
• The executive power as the "active principle in all governments"
• "The constitutional executor of the laws"
• The "transaction of business with foreign nations is executive altogether"
• "First general and admiral of the confederacy"
• The executive power of "appointing, overseeing, and controlling those who execute the laws"
• "Not a single privilege is annexed to his character"
• The "combined authority of execution and legislation"
• Judges as "shoots from the executive stock"
• "Whatever requisition the president shall make" and the federal duties of state executives
• The president as "glorious protector" of the constitution
• Conclusion.

Eminent scholar Saikrishna Prakash offers the first truly comprehensive study of the original American presidency. Drawing from a vast range of sources both well known and obscure, this volume reconstructs the powers and duties of the nation’s chief executive at the Constitution’s founding. Among other subjects, Prakash examines the term and structure of the office of the president, as well as the president’s power as constitutional executor of the law, authority in foreign policy, role as commander in chief, level of control during emergencies, and relationship with the Congress, the courts, and the states. This ambitious and even-handed analysis counters numerous misconceptions about the presidency and fairly demonstrates that the office was seen as monarchical from its inception.

• Introduction
• Origins, 1760-1830
• Honor and conscience, 1830-1860
• Clients, zeal, and conscience, 1868-1905
• Legal ethics, legal elites, and the business of law, 1905-1945
• Prosperity, professionalism, and prejudice, 1945-1969
• Beginning and ending, 1970-1983
• The professionalism crisis and legal ethics in a time of rapid change, 1983-2015
• Conclusion.

"In 1776, Thomas Paine declared the end of royal rule in America. Instead, "law is king," for the people rule themselves. Paine's declaration is the dominant American understanding of how political power is exercised. In making law king, lawyers became integral to the exercise of political power, so integral to law that one legal ethics philosopher has concluded, "lawyers are the law" in the United States. Lawyers, particularly private practice lawyers, have defended the exercise of this power by arguing they serve the public interest as well as the interests of their paying clients and, lastly, themselves. Since the early twentieth century, lawyers have also pointed to their duty to abide by ethics codes channeling their behavior. In this view, lawyers were in the marketplace selling their services, but not of the marketplace, because the services they provided clients were limited by the oath and the rules of lawyer ethics. Remnants of Conscience is the story of the justifications of the power lawyers have possessed in American history, tracing American lawyer ethics from its origins in the mid-eighteenth century to the crisis of professionalism facing lawyers today"-- Provided by publisher.

• Why lawyers write poorly
• The practice of writing
• Getting to the point
• Revising for clarity and luster.

In this critically acclaimed book, Tom Goldstein and Jethro K. Lieberman demystify legal writing, outline the causes and consequences of poor writing, and prescribe easy-to-apply remedies to improve it. Reflecting changes in law practice over the past decade, this revised edition includes new sections around communicating digitally, getting to the point, and writing persuasively. It also provides an editing checklist, editing exercises with a suggested revision key, usage notes that address common errors, and reference works to further aid your writing. This straightforward guide is an invaluable tool for practicing lawyers and law students.

• Law and the public's health : mapping the terrain
• Public health ethics : science, values, and the regulation of risk
• Public health powers and duties
• Public health and the protection of individual rights
• Public health governance : administrative agencies and local governments
• Direct regulation for the public's health and safety
• Tort liability as indirect regulation
• Taxation, spending, and the social safety net
• Surveillance and public health research
• Infectious disease prevention and control
• Public health emergency preparedness
• Noncommunicable disease prevention
• Injury and violence prevention
• Health justice.

"Public Health Law and Ethics: A Reader, 3rd Edition probes the legal and ethical issues at the heart of public health through an incisive selection of judicial opinions, scholarly articles, and government reports. Crafted to be accessible to students while thorough enough to be used by practitioners, policy makers, scholars, and teachers alike, the reader can be used as a stand-alone resource, or alongside the internationally acclaimed Public Health Law: Power Duty, Restraint, 3rd Edition. This third edition reader includes discussions of today's most pressing health threats, such as chronic diseases, emerging infectious diseases, antimicrobial resistance, biosecurity, opioid overdose, gun violence, and health disparities"-- Provided by publisher

• A theory and definition of public health law
• Risk regulation : a systemic evaluation
• Public health law in the constitutional design : public health powers and duties
• Constitutional limits on the exercise of public health powers : safeguarding individual rights and freedoms
• Public health governance : delegation and democracy
• Direct regulation for the public's health and safety
• Tort law and the public's health : indirect regulation
• Taxation, spending, and the social safety net : hidden effects on public health
• Surveillance and public health research : privacy, security, and confidentiality of personal health information
• Infectious disease prevention and control
• Public health emergency preparedness : terrorism, pandemics, and disasters
• Non-communicable disease prevention : promoting healthier lifestyles
• Injury and violence prevention from a public health perspective : promoting safer lifestyles
• Health justice and the future of public health law.

"In this bold new edition, Gostin is joined by coauthor Lindsay F. Wiley to analyze the crucial role of law in addressing today's major health threats, including emerging infectious diseases, bioterrorism, natural disasters, car fatalities, gun violence, opioid overdoses, and chronic diseases caused by tobacco use, poor diet, and physical inactivity. The book creates an intellectual framework for the modern field of public health law and supports that framework with illustrations of the scientific, political, and ethical issues involved. In proposing innovative solutions for the future of the public's health, Gostin and Wiley's essential study provides a blueprint for coming public and political debates in this dynamic field. New issues covered in this edition: Corporate personhood rights raised in response to regulations of tobacco, food and beverages, alcohol, firearms, prescription drugs, and marijuana; local government authority to protect the public's health; deregulation and harm reduction as modes of public health law intervention; taxation, spending, and alteration of the socioeconomic environment as modes of public health law intervention; access to health care as a strategy for protecting the public's health; taxation, spending, licensing, zoning, and shared-use strategies for chronic disease prevention; the public health law perspective on violence and injury prevention; health justice as a framework for reducing health disparities and protecting the public's health"-- Provided by publisher

• Introduction
• The sovereignty cases and the pursuit of an American nation-state
• The citizen-state : from the Warren court to the Rehnquist court
• Commonwealth and the Constitution : the case of Puerto Rico
• The erosion of American Indian sovereignty
• Indian tribal sovereignty beyond plenary power
• Plenary power, immigration regulation, and decentered citizenship
• Reconceptualizing sovereignty : toward a new American narrative.

In a set of cases decided at the end of the 19th century, the Supreme Court declared that Congress had "plenary power" to regulate immigration, Indian tribes, and new territories. Attuned to the demands of a new century, the author argues for abandonment of the plenary power cases, and for more flexible conceptions of sovereignty and citizenship.

• A momentous problem
• An aerial territory
• The peculiar beauties of the common law
• A uniform law
• Interstate commerce in the air
• Landowners against the aviation industry
• The rise and fall of air law
• William Douglas has the last word
• Sovereignty in space
• Technological change and legal change.

A collection of curious tales questioning the ownership of airspace and a reconstruction of a truly novel moment in the history of American law, Banner's book reminds us of the powerful and reciprocal relationship between technological innovation and the law.

• Introduction
• What domestic efforts seek to eradicate trafficking?
• The United States Department of State and the tier ranking system
• What is being done to address immigration concerns related to trafficking?
• Should prostitution be legalized?
• The lingering effects of African slavery in the United States
• What else can be done?

"Slavery has not been eradicated. The second edition of Human Trafficking updates the legal, moral and political attempts to contain sex and labor trafficking. The authors bring unique perspectives to these topics. Professor Page, an African American woman all too familiar with the vestiges of slavery, has written and lectured internationally on trafficking. Professor Piatt, a Hispanic law professor and former law school dean, brings his international experience as an educator, author and advocate regarding immigration and human rights matters to bear. The book considers efforts at containment, including controversial topics such as whether prostitution should be legalized. It concludes with specific approaches to eliminate trafficking"-- Provided by publisher.

• Some basics
• Law in colonial America
• Law in revolutionary America
• The Constitution
• Law in post-constitutional America
• Commerce and contract in early 19th century America
• Corporations, labor, and property in antebellum America
• Slavery in the 19th century
• The run-up to the Civil War
• Law and the Civil War
• Reconstruction and its destruction
• Other minorities in 19th century America
• Crime and morality in the 19th century
• Lawyers and legal education in the 19th century
• Judicial reaction to the regulatory state : the Lochner era
• World wars and civil liberties
• The New Deal
• Race : from Brown to affirmative action
• The Warren court
• Twentieth century common law developments
• Gender and the law
• The rise (and fall?) of environmental law
• Terror, patriotism, and insurrection in the 21st century
• The revival of states' rights
• Law and politics in the 21st century
• The activism of the Roberts Supreme Court.

"A Brief American Legal History is an accessible survey of the law throughout American history, written for lawyers and law students without an historical background as well as for those interested in American history without law school training. The book begins with the English influence on American law, then considers how law affected the split between two countries; how slavery was a bedrock economic principle by the revolutionary era; how lawyers influenced the Constitution; how the law accommodated the transportation revolution of the early 19th century; and how it failed to avoid--and perhaps exacerbated--the sectional conflict that led to the Civil War. The book proceeds to explain how the Supreme Court enfeebled the Civil War constitutional amendments and ratified post-Reconstruction "Jim Crow" laws maintaining racial segregation not only of Blacks but also Asians. Also examined is how the conservative Court and invoked constitutional law to challenge efforts to enact wage and hour labor legislation and ratified the "special status" of women while denying them the right to vote, hold office, or enter professions. One of the features of the book is that it surveys common law developments throughout American history. In the 20th century, the Court stopped vetoing socio-economic legislation, and the political process revolutionized labor law during the New Deal. In the 1960s, the Warren Court not only held state segregation unconstitutional, it bolstered rights to a free press, and established individual liberties in privacy, criminal procedure, and the right to vote. From the 1970s until into the 21st century, courts generally upheld the environmental law revolution, although the Roberts Court has recently erected what may be substantial obstacles, recalling the Court's impediments to labor legislation in an earlier century. The 21st century conservative Court constitutionalized unlimited campaign contributions, recognized individual gun possession, crippled voting rights legislation, erected new protections for religious liberty, and allowed partisan gerrymandering, to say nothing of stopping a recount in the presidential vote, thereby in effect appointing a president. And, of course, the Court's new supermajority's bombshell was its overruling of the right to abortion in 2022. The Court's new reliance on a "shadow docket" has allowed it to intervene in a variety of controversies without issuing opinions, drawing criticism as a threat to democratic decision making. The intersection of law and politics, a theme throughout the book, has never been more apparent."--Provided by publisher.