by: David S. Clark
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As issues in American law turn up with ever-greater frequency in dozens of countries worldwide, some familiarity with the legal system of the United States of America has become de rigueur for practising lawyers everywhere. This incomparable handbook, now in its Second Edition, provides an authoritative description of the major elements, including all matters likely to emerge in the course of normal legal activity. Written from a clear and cogent comparative perspective, it is of great practical value for both counselling and courtroom use.
Eighteen lucid chapters by distinguished American law professors, each of whom is also knowledgeable about a legal system outside that of the United States, explain the major laws, legal standards, and legal institutions of the United States. Substantive and procedural comparisons are presented in plain English, with appropriate commentary where deemed helpful to clarify particularly complex or unsettled matters. The resulting volume is an expert historical, systematic, and critical introduction to the law of the United States.
List of Contributors, Prefaces, Summary of Contents, List of Abbreviations
Chapter 1. The American Legal System and Legal Culture David S. Clark
I. The Original Vision II. Unity out of Diversity III.
Pragmatism in Law IV. Individualism V. Disquieting Factors:
Diversity as Divisiveness Chapter 2. Legal Education and the Legal
Profession David S. Clark I. A Brief History II.
Legal Education III. The Legal Profession Chapter 3. The Sources of
Law David S. Clark I. Formalism and Realism II. The
Doctrine of Stare Decisis III. Judicial Decisions IV. Other
Primary Sources V. Secondary Sources Chapter 4. Constitutional Law
William B. Fisch I. Introduction II. The text III.
The Judicial Function IV. Powers of The National Government V.
Separation of Legislative and Executive Powers VI. Residual State Power
in Areas of Federal Competence VII. Individual Rights: General
Principles VIII. Privileges and Immunities of Citizenship IX.
Due Process of Law X. Equal Protection of the Laws XI. Freedom
Of Speech XII. Freedom of Association XIII. Freedom Of Religion
Chapter 5. Administrative Law John O. Haley I. Introduction
II. The Structure and Authority Of Administrative Organs III.
Constitutional and Statutory Requirements for Administrative Procedure IV.
Access to Information V. Judicial Review of Agency Action VI.
Damage Suits Against The Government and Government Officials VII.
Conclusion Chapter 6. Labor Law William B. Gould Iv I.
Introduction II. The National Labor Relations Act III. The
Public Sector IV. The Individual Employment Relationship V.
Conclusion Chapter 7. Criminal Law Edward M. Wise I.
Introduction II. General Principles III. Specific Offenses
Chapter 8. Contracts Herbert L. Bernstein I. Introduction
II. Contract Formation III. Validity and Interpretation IV.
Performance and Nonperformance V. Remedies Chapter 9. Torts
Joachim Zekoll, John G. Fleming I. Introduction II.
Negligence III. Strict Liability IV. Intentional Torts V.
Reputation and Privacy VI. Government Liability Chapter 10. Property
A. N. Yiannopoulos I. Introduction II. Historical
Development III. Acquisition of Property Rights IV. Types of
Ownership V. Personal Property and Real Property VI. Tangible
and Intangible Property VII. Temporal Division of Ownership VIII.
Trusts as Property IX. Intellectual Property X. Restrictions on
the Ownership of Property Chapter 11. Family Law Harry D. Krause
I. The American Family in a New World II. Sources of Family Law
III. No-Fault Divorce IV. The Cohabitation Alternative to Marriage
and Divorce V. Contractual Modification of Marriage VI. Dollars
on Divorce: Alimony VII. Dollars on Divorce: Distribution of “Marital
Property” VIII. Dollars on Divorce: Child support IX.
Child Custody after Divorce X. Marriage or Legally Recognized
Partnership of Same-Sex Couples Chapter 12. Inheritance Law Vivian
Grosswald Curranb, William F. Fratcher I. Introduction II.
Intestate Succession III. Trusts IV. Wills V.
Administration of Decedents’ Estates Chapter 13. Commercial
Transactions John C. Reitz, Jonathan Carlson I. The Uniform
Commercial Code II. Article 1: General Provisions III. Article
2: The Sale of Goods IV. Articles 3 and 4: Negotiable Instruments and
Bank Deposits and Collections V. Article 9: Secured Transactions
Chapter 14. Business Enterprises Alfred F. Conard, Michael Wallace
Gordon I. Forms of Organization II. The Laws That Govern
III. Formation and Finance IV. Governance V. Structural
Changes VI. Enterprises in The National Economy Chapter 15. Criminal
Procedure Christopher L. Blakesley I. Introduction II.
Trends in American Criminal Justice: A Framework For Analysis III. The
basic meaning and evolution of the Fourth Amendment IV. Competition
between Protecting Civil Liberty and the Need for Strong Law Enforcement V.
Fifth Amendment VI. Sixth amendment VII. Pretrial Detention and
Bail VIII. Prisons and Sentencing IX. Police Practices X.
Conclusion Chapter 16. Civil Procedure David S. Clark I.
A Brief History of American Civil Procedure and Courts II. The Nature
of American Civil Procedure III. Choosing the Proper Court IV.
Pleading V. Joinder of Claims and Parties VI. Discovery VII.
Pretrial Judicial Management VIII. Adjudication without Trial IX.
Trial X. Judgments and Their Effects XI. Appeal Chapter 17.
Conflict of Laws Friedrich K. Juenger I. Introduction II.
Jurisdiction III. Choice of Law IV. Recognition of Judgments
Chapter 18. An American Case David S. Clark I. Introduction
II. The Case: United States V. Verdugo-Urquidez III. Notes and