Many of the principles defined and discussed herein are applicable also to the argument, oral and written, of questions of fact and law presented and heard in Federal trial courts. The task of presenting facts and law effectively, the psychology of persuasion, the requirements of candor and accuracy-these are matters common to forensic effort in every courtroom, at every state of a litigated proceeding.
In addition to its discussion of appellate advocacy and a description of procedure in the federal appellate courts (Supreme Court, U.S. Court of Appeals, and specialized federal courts), it provides valuable guidelines for writing briefs and appeals and the preparing oral arguments.
Among other lessons, it teaches ways to -think before writing, -state facts and phrase issues persuasively, -use argumentative headings, -employ clear, forceful English, -handle questions in oral argument, -use maps and charts effectively and -prevent "forensic halitosis."
AALS Law Books Recommended for Libraries List 26, Legal Profession, page 20, "A" Rated.
"To get into court and to maintain your right to be there is the object of all pleading and is as important in an appellate court as in a trial court (...) This book is a guide to handling of cases on appeal in the Federal courts by one who is eminently qualified to instruct and direct in this field."
--from the foreword by Sherman Minton, Associate Justice, U.S. Supreme Court
"Anyone familiar with Mr. Wiener's reputation as an appellate advocate and with his earlier works would expect his new book to be either required reading or strongly recommended in a course in Appellate Practice and Procedure. My own choice for next spring's seminar at this law school is to require it. This is not to say, however, that the book is directed solely to the student in law school. There are probably few practicing attorneys who would not benefit substantially from the author's ability, drawing on his vast personal experience, to expound the art of appellate advocacy in a fascinating and instructive way."
-- Monroe H. Freedman, The George Washington Law Review 30 (1961-62) 148.
"This is a brilliant book by a brilliant mind. It's the seminal 20th-century book on appellate advocacy, with wisdom, insight, and concrete examples packed into page after page."
--Bryan A. Garner
Frederick Bernys Wiener [1906-1996], or "Fritz" as he was known to his friends, was educated at Brown University and Harvard Law School, where he was a note editor on Harvard Law Review. In addition to several years in private practice, Wiener held positions in the U.S. Department of the Interior, the Judge Advocate General's Corps (as an officer during the Second World War) and the Solicitor General's Office, where he successfully argued the landmark Supreme Court case Reid v. Covert. Also a scholar of vast learning and high reputation, he wrote copiously on courts-martial, martial law and legal history.
Starting with a new chapter on assessing conflict and bringing people to the table, the first section explains the process step by step, from opening conversations and exploring the situation through the phases of finding resolution—deciding on topics, reviewing options, and testing agreements.
The "Toolbox" section details the concepts and skills a mediator needs in order to:Understand the conflict Support the people Facilitate the process Guide decision-making
Throughout the book, the emphasis is on what the mediator can do or say now, and on the underlying principles and core methods that can help the mediator make wise choices.
Long a popular course textbook for high schools, universities, and training programs, The Mediator's Handbook is also a valued desk reference for professional mediators and a practical guide for managers, organizers, teachers, and anyone working with clients, customers, volunteers, committees, or teams.
Jennifer E. Beer, PhD, mediates organizational conflicts, facilitates meetings, and offers related workshops, regularly teaching a negotiation course at Wharton (University of Pennsylvania).
Caroline C. Packard, JD led Friends Conflict Resolution Programs for fifteen years and is an organizational conflict response specialist and mediator based in Philadelphia, Pennsylvania.
Eileen Stief developed the mediation process presented in the Handbook, training a generation of mediators to work with community, multi-party, and environmental disputes.
The Second Edition of this widely adopted text contains new and expanded coverage of on-line mediation, cross-cultural mediation and co-mediation, as well as new, non-legal examples of the use of mediation. It includes a revised and expanded discussion of effective persuasion and problem solving, based on cutting edge social science research findings. And it expands the video content from 6 to 7 hours, by including a new, full-length video of the text s high-conflict child custody study, illustrating the stages of the process in sequence.Features of The Practice of Mediation:
Accessible, conversational style.Provides students with a sophisticated conceptual understanding of the negotiation process and the cognitive, psychological and strategic barriers to conflict resolution.Teaches about the mediation process from the inside out, breaking down the skills of effective mediation into their component parts.Offers close analysis of major ethical and role issues that mediators encounter.Prepares students for all of the major approaches to mediation.Includes a self-contained chapter with video extracts on representing clients in mediationIncludes seven hours of online video, depicting nine professional mediators, with different backgrounds and orientations, mediating three different cases, often with very different results.The video extracts are fully integrated with the text, enabling students to see what they are reading about as they read it.The online video saves precious classroom time, allowing viewing and analysis outside of class.The three cases depicted in the video are based on real, mediated disputes:A child custody case.A small-claims consumer dispute between a homeowner and a kitchen contractor.A complex negligence suit filed by a tenant against his former landlord after an intruder robbed him at knifepoint.The video includes an extended comparative example of facilitative and evaluative mediation of the same matter.Mediators and lawyers perform as they would in the actual case. Professional actors portray the role of the disputants in an extremely realistic fashion.
Are you not 100% sure about what a structured settlement is and how to negotiate your way to ensuring you win big?
If you are in a situation where you are or will have to deal with structured settlements and are not 100% sure about what they are, how they work and how you can take big advantage of them, you cannot afford to miss out on reading the comprehensive book report.
This information is critical and you must know it or you can really hurt yourself throughout the entire time that you are dealing with settlements.
This book also covers buying and sellign settlements, and other ways to profit from them in addition to the following topics:Selling SettlementCash Structured SettlementsSettlement AnnuitiesSettlement PaymentsInsurance SettlementsSettlement CompaniesSettlement PurchasersSettlement BuyersSettlement LoansThe Best Settlement CompanySettlement BrokersSettlement FundingSettlement FactoringBest Settlement QuotesStructured Settlement Protection ActBest Settlement AttorneysSettlement TransfersFrequently Asked Questions About Structured Settlements!!!
Transfers of business play an important role in today's globalised business world. In particular, employment and labour impacts of transfers of businesses are often a driving legal and business factor in national and international restructurings and M&A transactions. The successful implementation of transfers of business requires to recognise and comply with the relevant legal frameworks of the countries involved.
This publication is written by specialised employment lawyers from around the globe and addresses in-house counsels, human resources managers and legal advisors in charge of or accompanying national or international transactions.
Waldman begins with an introductory discussion on mediation's underlying values, its regulatory codes, and emerging models of practice. Subsequent chapters treat ethical dilemmas known to vex even the most experienced practitioner: power imbalance, conflicts of interest, confidentiality, attorney misconduct, cross-cultural conflict, and more. In each chapter, Waldman analyzes the competing values at stake and introduces a challenging case, which is followed by commentaries by leading mediation scholars who discuss how they would handle the case and why. Waldman concludes each chapter with a synthesis that interprets the commentators' points of agreement and explains how different operating premises lead to different visions of what an ethical mediator should do in a given case setting.
Evaluative, facilitative, narrative, and transformative mediators are all represented. Together, the commentaries showcase the vast diversity that characterizes the field today and reveal the link between mediator philosophy, method, and process of ethical deliberation.
Dorothy J. Della Noce
Susan Nauss Exon
Carol B. Liebman
Lela P. Love
Bruce E. Meyerson
Forrest S. Mosten
R. Wayne Thorpe
Susan M. Yates
Fully revised and updated, this sixth edition continues to look at the main themes of EU law in a straightforward and logical manner. Updated to discuss the UK’s increasingly difficult relationship with the EU and recent developments in EU citizenship rights such as the Zambrano decision, this book provides the reader with a clear understanding of EU law, concentrating on how and why the law has developed as it has. A chapter on assessment guidance has been expanded to provide advice on revision, coursework and examinations on the subject of EU law.
This student-friendly text is broad in scope and highly accessible, inspiring students toward further study and showing that understanding EU law can be an enjoyable and rewarding experience.
In Contractors in the Government Workplace: Managing the Blended Workforce, author Glenn Voelz offers best practices and tips for employees and junior supervisors tasked with managing hybrid government-contractor teams. Focusing primarily on service-based contracting, the most rapidly expanding element of government acquisitions over the past decade, he provides an understanding of the tools, techniques, rules, and regulations relating to supervision of contractors in the workplace. He also discusses legal, ethical, and security tips to help avoid common mistakes and violations of Federal Acquisition Regulation (FAR) guidelines. Voelz explains in a straightforward way all aspects of government contracting that acquisition personnel need to know, including the basics of service-based contracting, the government-contractor relationship, acquisition team responsibilities, administration procedures, contract language, common mistakes government managers may make, methods of evaluation, Performance-Based Service Acquisitions, and ethical and legal concerns. An extensive bibliography supplements the text along with several appendices which include a glossary of key acquisition terms, a checklist for reviewing and analyzing contracts, tips for writing Performance Statements and Statements of Work, and guidelines for contingency contracting and contracting in forward locations or austere environments.
• Hundreds of Paraguayan merchants smuggle computers, electronics, and clothing across the border to Brazil.
• Scores of laid-off San Franciscans, working without any licenses, use Twitter to sell home-cooked foods.
• Dozens of major multinationals sell products through unregistered kiosks and street vendors around the world.
When we think of the informal economy, we tend to think of crime: prostitution, gun running, drug trafficking. Stealth of Nations opens up this underground realm, showing how the worldwide informal economy deals mostly in legal products and is, in fact, a ten-trillion-dollar industry, making it the second-largest economy in the world, after that of the United States.
Having penetrated this closed world and persuaded its inhabitants to open up to him, Robert Neuwirth makes clear that this informal method of transaction dates back as far as humans have existed and traded, that it provides essential services and crucial employment that fill the gaps in formal systems, and that this unregulated market works smoothly and effectively, with its own codes and unwritten rules.
Combining a vivid travelogue with a firm grasp on global economic strategy—along with a healthy dose of irreverence and skepticism toward conventional perceptions—Neuwirth gives us an eye-opening account of a world that is always operating around us, hidden in plain sight.
From the Hardcover edition.
Written as a fascinating and enjoyable conversation between the authors – Stefan Olander, Vice President of Digital Sport from Nike and Ajaz Ahmed founder and Chairman AKQA – Velocity's up-to-date examples illustrate key lessons, together with insights, ideas and inspiration that individuals and businesses should adopt to thrive in the digital age.
Velocity shares the vision and values required to succeed with the untold backstories to influential and iconic innovation. Fast paced, useful, provocative and highly motivating, Velocity is a management book that will arm you with actionable ideas to define your future.
- 4 Velocity principles: Speed, Direction, Acceleration, Discipline.
- 7 Laws, including 'A Smith & Wesson beats four aces', 'It’s easier done than said', 'Convenient is the enemy of right' and 'No good joke survives a committee of six'.
This book, in 11 sections, investigates the issues and opportunities associated with commercial transactions in the virtual world. In 29 detailed essays, this book analyses every facet of virtual world transactions, including the nature of virtual commercial transactions, virtual goods and services, transfer of virtual property, issues of negotiable instruments, remedies for buyers and sellers in the virtual world, consumer protection, dispute resolution and other related topics. Each of these sections both contributes to and advances the field of commercial law and related disciplines.
This book is an excellent source of reference for students, practitioners, academics, policy makers, and researchers as well as anyone with an interest in the exciting developments of commercial law in cyberspace.
This book is published by City University of Hong Kong Press.
Negotiation is also the key to business success. No organization can survive without contracts that produce profits. At a strategic level, businesses are concerned with value creation and achieving competitive advantage. But the success of high-level business strategies depends on contracts made with suppliers, customers, and other stakeholders. Contracting capability—the ability to negotiate and perform successful contracts—is the most important function in any organization.
This book is designed to help you achieve success in your personal negotiations and in your business transactions. The book is unique in two ways. First, the book not only covers negotiation concepts, but also provides practical actions you can take in future negotiations. This includes a Negotiation Planning Checklist and a completed example of the checklist for your use in future negotiations.
The book also includes (1) a tool you can use to assess your negotiation style; (2) examples of “decision trees,” which are useful in calculating your alternatives if your negotiation is unsuccessful; (3) a three-part strategy for increasing your power during negotiations; (4) a practical plan for analyzing your negotiations based on your reservation price, stretch goal, most-likely target, and zone of potential agreement; (5) clear guidelines on ethical standards that apply to negotiations; (6) factors to consider when deciding whether you should negotiate through an agent; (7) psychological tools you can use in negotiations—and traps to avoid when the other side uses them; (8) key elements of contract law that arise during negotiations; and (9) a checklist of factors to use when you evaluate your performance as a negotiator.
Second, the book is unique in its holistic approach to the negotiation process. Other books often focus narrowly either on negotiation or on contract law. Furthermore, the books on negotiation tend to focus on what happens at the bargaining table without addressing the performance of an agreement. These books make the mistaken assumption that success is determined by evaluating the negotiation rather than evaluating performance of the agreement. Similarly, the books on contract law tend to focus on the legal requirements for a contract to be valid, thus giving short shrift to the negotiation process that precedes the contract and to the performance that follows.
In the real world, the contracting process is not divided into independent phases. What happens during a negotiation has a profound impact on the contract and on the performance that follows. The contract’s legal content should reflect the realities of what happened at the bargaining table and the performance that is to follow. This book, in contrast to others, covers the entire negotiation process in chronological order beginning with your decision to negotiate and continuing through the evaluation of your performance as a negotiator.
A business executive in one of the negotiation seminars the author teaches as a University of Michigan professor summarized negotiation as follows: “Life is negotiation!” No one ever stated it better. As a mother with young children and as a company leader, the executive realized that negotiations are pervasive in our personal and business lives. With its emphasis on practical action, and with its chronological, holistic approach, this book provides a roadmap you can use when navigating through your life as a negotiator.
definitions of over 300 common terms found in contracts how to decipher the language of contracts which clauses are important and which aren't illegal and dangerous contract clauses to watch out for, and how to negotiate or change contracts.
Contracts: The Essential Business Desk Reference will help you save money by explaining which clauses are important so that you can avoid a pricey professional review by a lawyer. Written in plain English, this book is especially useful for law students and business owners (including one-person operations and independent contractors), but still contains enough detail to have a place on nearly any lawyer's bookshelf.
The rules regarding formation of contracts
The contents of a contract
Vitiating factors, factors which invalidate an otherwise validly formed contract
The rules on discharge of contractual obligations
Key Facts Key Cases is the essential series for anyone studying law at LLB, postgraduate and conversion courses and professional courses such as ILEX. The series provides the simplest and most effective way to absorb and retain all of the material essential for passing your exams. Each chapter includes:
diagrams at the start of chapters to summarise key points
structured headings and numbered points to allow for clear recall of the essential points
charts and tables to break down more complex information
Where relevant, chapters also contain a Key Cases section which provides the simplest and most effective way to absorb and memorise essential cases needed for exam success.
Essential and leading cases are explained
The style, layout and explanations are user friendly
Cases are broken down into key components by use of a clear system of symbols for quick and easy visual recognition
European Prudential Banking Regulation and Supervision includes discussions of the European banking market structure and of regulatory theory that both aim to circumscribe prudential concerns. It scrutinises the content of prudential norms, proposes a qualification of these norms and an assessment of their interaction with other types of norms (corporate, auditing and accounting, consumer protection, competition rules). It also features an analysis of the underpinning institutional set-up and its envisaged reforms, focusing on the typical EU concerns related to checks and balances. Finally, the book attempts to revive the debate on supervisory liability, in light of the developments discussed.
This book will be of great value to all those interested in financial stability matters (practitioners, policy-makers, students, academics), as well as to EU law scholars.
Since the fourth edition of this book, the English courts have decided many important new cases on virtually every aspect of arbitration law. The most important developments relate to:
The growth of anti-arbitration injunctions;
The use of freezing injunctions against third party assets and the availability of anti-suit injunctions in EU proceedings;
The definition of seat, the appointment of arbitrators, choice of applicable law, jurisdiction, the form of the award and the slip rule;
Enforcement of foreign awards, and challenges to domestic awards by way of jurisdictional attacks, serious irregularity or error of law
In this 5th edition, the notes to each section contain helpful sub-headings and a new Appendix will contain a fully annotated version of CPR Part 62 and the Practice Direction.
The book will also be useful for academics and university students of law at all levels seeking an understanding of the 1996 Act, including those on the Legal Practice Course.
'Dr Baloch has produced the definitive study of the inter-relationship between contract and unjust enrichment. This has been achieved by carefully considering the historical roots of our common law, and how this is to be understood in its best light in the modern era.'
Robert H Stevens, University College, London.
'Dr Baloch's exploration of the boundary between contractual and unjust enrichment liability in the 17th to 19th centuries has important things to say about the history of ideas of 'contract' in this period.'
Mike Macnair, Oxford University.
'This is an innovative and rigorous book which engages with one of the most difficult areas in the law of unjust enrichment, namely the relationship between the law of unjust enrichment and the law of contract. Baloch roots his treatment of the modern law in its history and the historical analysis throughout is very careful and well grounded in the primary sources.'
David Ibbetson, Cambridge University.
'This is a valuable book, thoughtful and well researched. It is concerned to build a model that fits comfortably with the cases, and its focus is on the work of modern commentators. Those concerned with the relationship of contract and the law of restitution whether at a theoretical level or in practice will benefit by careful study of what Dr Baloch has to say, whether or not they agree with it.'
Jack Beatson, Royal Courts of Justice, 14 February 2009 (From the foreword)
The piercing of the corporate veil is a remedy applied, in exceptional circumstances, to prevent and punish an inappropriate use of the corporate personality. The application of this remedy and the issues it involves has been widely researched in Anglo-American jurisdictions and, until recently, little attention has been given to this subject in Latin America. This region has been through internal political conflicts that undermined economic development. However, rise of democratic governments has created the political stability necessary for investment and economic development meaning that the corporate personality is now more commonly used in Latin America. Consequently, corporate personality issues have become a subject of study in this region.
Drawing on case studies from Mexico, Colombia, Brazil and Argentina, Piercing the Corporate Veil in Latin American Jurisprudence examines the ingenuity of Latin American jurisdictions to deal with corporate personality issues and compares this method with the Anglo-American framework. Focusing in particular on the influence of two key factors- legal tradition and the uniqueness of each legal system- the author highlights both similarities and differences in the way in which the piercing of the corporate veil is applied in Latin American and Anglo-American jurisdictions.
This book will be of great interest to scholars of company and comparative law, and business studies in general.
It guides you through the intricate steps of professional relationship building – internally for positive staff relationships and proactive teams as well as externally for smooth project management, delivery and business development. It contains advice that all ambitious professionals will find helpful: strategies to help you make the most of your strengths and optimise any opportunities that may present themselves. It is generously sprinkled with cases studies, some of which will cover familiar territory, others will act as a useful warning.
Anyone choosing a career in the property and construction profession will benefit from reading this book. Whatever your level of seniority, the tips and tactics will help you to spot and avoid those slippery snakes and climb the ladders to the top.
The key features of the volume are:
• Comprehensive coverage of modern laws on contract formation.
• Discussion on the relevance of international laws in the global business context.
• Delineation of the modern style, practice and challenges confronting new forms of contracts.
• Description of the application of contract law to special contracts.
• Discourse on the issues of international taxation and multinational contractual jurisdiction.
• Research-based analysis of the common law approach with the Indian perspective on contract law application.
The compilation views modern business contracts in a wide variety of commercial segments-from infrastructure to consortium loans, from joint ventures to outsourcing. It will serve as an excellent reference material for students of law, especially commercial law and business contracts. It will also be an exhaustive guide for lawyers and entrepreneurs.
This book explores how mediation law shapes the practice of mediation in the English jurisdiction. It provides a comprehensive examination of the legal framework for mediation, and explores the jurisprudence in order to analyse the extent that institutionalisation by the state and courts has led to the monopolisation by lawyers and a further ‘juridification’ process results. The book includes a comparative legal methodology on the framework underpinning mediation practise in other common law jurisdictions, including the United States, Australia, and Hong Kong, in order to explicate shared or distinctive approaches to mediation.
The book will be of great interest to academics and students of legal theory and dispute resolution.
This new title will equip commercial property professionals with a thorough practical knowledge of the relevant statutory provisions and case law. The implications of the Civil Procedure Rules 1998 are considered in detail. It also deals with the right to compensation for improvements. The text takes into account recent case law as well as the reforms introduced by the Regulatory Reform (Business Tenancies) (England and Wales) Order 2003.
This book aims to give upper-level undergraduates and graduate students a comprehensive understanding of the administrative and practical aspects of international commerce. It seeks to provide students, as the potential future practitioners of international trade, with the ability to gather and administrate the information needed to decide on and manage complex international business transactions, including in- and outsourcing problems, exports and imports.