Donald P. Kommers and Russell A. Miller
First published in 1989, The Constitutional Jurisprudence of the Federal Republic of Germany has become an invaluable resource for scholars and practitioners of comparative, international, and constitutional law, as well as of German and European politics. The third edition of this renowned English-language reference has now been fully updated and significantly expanded to incorporate both previously omitted topics and recent decisions of the German Federal Constitutional Court. As in previous editions, Donald P. Kommers and Russell A. Miller's discussions of key developments in German constitutional law are augmented by elegantly translated excerpts from more than one hundred German judicial decisions.
Compared to previous editions of The Constitutional Jurisprudence of the Federal Republic of Germany, this third edition more closely tracks Germany's Basic Law and, therefore, the systematic approach reflected in the most-respected German constitutional law commentaries. Entirely new chapters address the relationship between German law and European and international law; social and economic rights, including the property and occupational rights cases that have emerged from Reunification; jurisprudence related to issues of equality, particularly gender equality; and the tension between Germany's counterterrorism efforts and its constitutional guarantees of liberty. Kommers and Miller have also updated existing chapters to address recent decisions involving human rights, federalism, European integration, and religious liberty.
Prosecuting in the Military, in The Prosecutor in Transnational Perspective (Erik Luna & Marianne Wade eds., 2012)
Timothy C. MacDonnell
The American prosecutor plays a powerful role in the judicial system, wielding the authority to accept or decline a case, choose which crimes to allege, and decide the number of counts to charge. These choices, among others, are often made with little supervision or institutional oversight. This prosecutorial discretion has prompted scholars to look to the role of prosecutors in Europe for insight on how to reform the American system of justice. In The Prosecutor in Transnational Perspective, Erik Luna and Marianne Wade, through the works of their contributors coupled with their own analysis, demonstrate that valuable lessons can be learned from a transnational examination of prosecutorial authority. They examine both parallels and distinctions in the processes available to and decisions made by prosecutors in the United States and Europe. Ultimately, they demonstrate how the enhanced role of the prosecutor represents a crossroads for criminal justice with weighty legal and socio-economic consequences.
Women’s Rights, Customary Law and the Promise of the Protocol on the Rights of Women in Africa, in The Future of African Customary Law (Jeanmarie Fenrich et al. eds., 2011)
Johanna E. Bond
Customary laws and traditional institutions in Africa constitute comprehensive legal systems that regulate the entire spectrum of activities from birth to death. Once the sole source of law, customary rules now exist in the context of pluralist legal systems with competing bodies of domestic constitutional law, statutory law, common law, and international human rights treaties. The Future of African Customary Law is intended to promote discussion and understanding of customary law and to explore its continued relevance in sub-Saharan Africa. This volume considers the characteristics of customary law and efforts to ascertain and codify customary law, and how this body of law differs in content, form, and status from legislation and common law. It also addresses a number of substantive areas of customary law including the role and power of traditional authorities; customary criminal law; customary land tenure, property rights, and intestate succession; and the relationship between customary law, human rights, and gender equality.
The Probate Estate: Planning and Adminsitration, in The ABA Practical Guide to Estate Planning (Jay A. Soled ed., 2011)
Robert T. Danforth
The ABA Practical Guide to Estate Planning will help guide clients to an effective estate plan to fit their needs. For both the novice and experienced estate planning practitioner, this practical guide offers sound advice from leading estate planners around the country who share their knowledge and expertise so that you don't miss a step in the process.
Michelle Lyon Drumbl and Deborah S. Kearns
Each chapter in Skills & Values: Federal Income Taxation addresses a specific topic covered in most introductory Tax law school courses. The chapters begin with an introduction to help bridge the gap between the actual practice of law and the doctrine and theory studied in class. Students will then have the opportunity to engage in active, "hands on" learning by working through a stand-alone exercise that simulates a real-life legal dilemma. The exercises are as authentic as possible, incorporating materials such as IRS forms, schedules, and publications; wage and income transcripts; deficiency notices; correspondence; judicial opinions; statutes; and revenue rulings. The self-assessment tools suggests ways that a practicing attorney might have approached each exercise. It is not meant to provide "the answer," but to identify issues and strategies students should have considered in order to effectively represent a client.
Practice Before the IRS and Professional Responsibility in Tax Practice, in Effectively Representing Your Client Before the IRS (T. Keith Fogg ed., 5th ed. 2011)
Michelle Lyon Drumbl and Jennifer Mueller
Published by the American Bar Association Section of Taxation and now in its 5th Edition, this bestselling title is a comprehensive collection of everything a tax professional needs to know when dealing with the IRS. Written by some of the most experienced tax controversy lawyers in the United States, it not only provides an in-depth discussion of the law, but is replete with realistic examples and hundreds of practice tips to aid practitioners in all stages of representation before the IRS in controversy matters, including exam, appeals, Tax Court, refund actions, collection matters, and more. The two-volume reference also includes a companion CD-ROM and particularly timely new material on resolving identity theft matters, assisting military clients, and assisting victims of disasters.
Brant J. Hellwig and Robert T. Danforth
This first edition of Estate and Gift Taxation, a new addition to the LexisNexis Graduate Tax Series, fully incorporates the new exemption levels, marginal rates, and unified credit portability rules in the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010. The book contains 26 discrete chapters, each containing a concise overview of the topic with specific assignments to the Internal Revenue Code and Regulations. Each chapter closes with a series of complex, practice-oriented problems that require students to spot and resolve issues in the context of realistic hypotheticals that could be encountered in an estate planning practice.
Doug Rendleman and Caprice L. Roberts
Remedies 8th Edition teaches students how to traverse the complex territory of choice and measurement of plaintiffs' remedies. Accessible and readable decisions build on upper-level students' first-year courses in contracts, torts, property, constitutional law, and civil procedure. The text is organized to teach students how to choose and measure damages, injunctions, and restitution. It emphasizes the lawyer's tactics in addition to the court's decisions. It examines law and economics in selecting between tort and contract remedies.
A Plea to Reject the United States Supreme Court's Due-Process Review of Punitive Damages, in The Law of Remedies: New Directions in the Common Law (Jeff Berryman & Rick Bigwood eds., 2010)
This volume of essays is the end product of the Second International Symposium on the Law of Remedies, a joint undertaking of the Faculties of Law at the Universities of Windsor, Canada, and Auckland (Research Centre for Business Law), New Zealand. The symposium brought together scholars drawn from four continents, representing the major Commonwealth common law jurisdictions, as well as the United States and Ireland.
Collectively, the essays illustrate the breadth and depth of attention that is now accorded to the study of remedies throughout the common law world. The collection also demonstrates the value of fruitful exchanges across common law jurisdictions that have much to gain from learning of one another's experiences, thereby enriching the body of knowledge for a system that is inherently built upon discrete and incremental case law.
David I. Bruck
Blume and Steiker's Death Penalty Stories offers rich and detailed accounts of the most important capital cases in American law. This volume provides comprehensive examination of the canonical cases, as well as coverage of core issues such as: Representation, Protections for the innocent, Proportionality limits, Execution methods, The problem of volunteers, and The guarantee of heightened reliability.
Designed for law school complex-litigation and remedies classes that emphasize injunctions and contempt, this casebook also serves as a tool for lawyers’ quick, on-point research into the background and present status of these subjects. Developments in the rapidly changing law in the 25 years since publication of its predecessor, Injunctions, Second, required numerous additions and extensive revision. Part of the University Casebook Series; , it includes selected cases designed to illustrate the development of a body of law on complex litigation. Text and explanatory materials designed for law study accompany the cases.
Mark L. Ascher and Robert T. Danforth
Federal Income Taxation of Trusts and Estates: Cases, Problems, and Materials examines the income taxation of estates and trusts, estate and trust beneficiaries, and trust settlors; its emphasis is on the provisions of 'Subchapter J'; the relevant portion of the Internal Revenue Code (sections 641 through 692) and its first priority is to give readers an understanding of those provisions and how they work. The book takes four distinct, but integrated, approaches. At the beginning of each section, Ascher and Danforth present assignments of carefully selected provisions of the Internal Revenue Code and Treasury Regulations. Following are one or more precedents (cases or rulings) dealing with the topic at hand, accompanied by textual material that amplifies the topic by further analysis of the primary precedents, presentation of other precedents, or discussion of subsequent developments. Finally, numerous problems, where appropriate, allow the reader to apply the material to common fact patterns. The third edition brings the book completely up to date, and includes all relevant developments since the preparation of the second edition. Among the many important additions are the decision of the United States Supreme Court in Knight v. Commissioner, which just this year held that investment advisory fees paid by a trustee are subject to the 2% haircut under section 67; Mattie K. Carter Trust v. United States, in which the United States District Court for the Northern District of Texas held that it is not merely the activities of the trustee, but also those of the trustee s employees, that count toward the material participation requirement under the passive activity rules of section 469; and full incorporation of the trust accounting income regulations recently finalized by the Treasury. The third edition includes a number of new or revised problems, and it trims some materials relating to estate planning techniques that are now obsolete.
Nonqualified Deferred Compensation and the Pre-Statutory Limits on Deferral, in Bender's Federal Income Taxation of Retirement Plans (Alvin D. Lurie ed., 2008)
Brant J. Hellwig
This two-volume treatise is a comprehensive analysis of the complex federal income tax issues affecting retirement plans. It includes the latest developments, complete with Planning Tips, examples and charts to help you design and maintain an efficient pension plan that meets IRS requirements. The treatise provides complete coverage of how to:
- Effectively establish a pension plan;
- Correctly differentiate among the many and varied types of plans;
- Maintain the plan in accordance within statutory requirements, recent changes, and new interpretations of the law;
- Not run afoul of prohibited transactions, and
- Terminate a plan.
Virtual Property and the Overextension of Copyright Licensing Online, in Intellectual Property and Information Wealth: Issues and Practices in the Digital Age (Peter K. Yu ed., 2007)
Joshua A.T. Fairfield
Until recently, issues of intellectual property were relegated to the experts―attorneys, legal scholars, rightsholders, and technology developers who wrangled over interpretations and enforcement of copyright, patent, and trademark protections. But in today's knowledge-based economy, intellectual property protection has taken on fundamentally new proportions, as a subject of urgency for businesses (whose survival depends on protection of their intangible assets) and as a subject of cultural importance that grabs front-page headlines (as the controversy over Napster and high-profile revelations of plagiarism, for example, have illustrated). This landmark set of essays brings new clarity to the issues, as societies around the world grapple with the intricacies and complexities of intellectual property, and its impact on business, law, policy, and culture. Featuring insights from leading scholars and practitioners, Intellectual Property and Information Wealth provides rigorous analysis, historical context, and emerging practical applications from the public, private, and non-profit sectors.
James E. Moliterno and George C. Harris
This book is designed to facilitate the introduction of international, transnational, and comparative law issues into a course on Professional Responsibility. The book is very accessible for law students (and their professors). The chapters can be used in any combination and in any order. The book can be assigned or recommended as optional reading to supplement a domestic-only course to advance the students’ understanding of their own system.
Evaluating the Estate Tax Exposure of the SCTC Trust Termination Provisions, in The South Carolina Trust Code (James C. Hardin, III & S. Alan Medlin eds., 2006)
Brant J. Hellwig
This book surveys the South Carolina Trust Code, enacted in 2006.
The Law of Preclearance: Enforcing Section 5 of the Voting Rights Act, in The Future of the Voting Rights Act (David L. Epstein et al. eds., 2006)
J. Peyton McCrary, Christopher B. Seaman, and Richard M. Valelly
The Voting Rights Act (VRA) stands among the great achievements of American democracy. Originally adopted in 1965, the Act extended full political citizenship to African-American voters in the United States nearly 100 years after the Fifteenth Amendment first gave them the vote. While Section 2 of the VRA is a nationwide, permanent ban on discriminatory election practices, Section 5, which is set to expire in 2007, targets only certain parts of the country, requiring that legislative bodies in these areas—mostly southern states with a history of discriminatory practices—get permission from the federal government before they can implement any change that affects voting. In The Future of the Voting Rights Act, David Epstein, Rodolfo de la Garza, Sharyn O'Halloran, and Richard Pildes bring together leading historians, political scientists, and legal scholars to assess the role Section 5 should play in America's future. The contributors offer varied perspectives on the debate. Samuel Issacharoff questions whether Section 5 remains necessary, citing the now substantial presence of blacks in legislative positions and the increasingly partisan enforcement of the law by the Department of Justice (DOJ).
Concisely covers the complex subject matter of Remedies with an emphasis on the lawyer's process. Decisions were picked and edited to build on first-year courses in contracts, torts, civil procedure, property, and constitutional law. Text also develops the differing measures of contract and tort damages and the availability of punitive damages for torts.
Johanna E. Bond
Voices of African Women is a collection of essays by accomplished women’s rights lawyers from Ghana, Uganda, and Tanzania. In the last decade, women’s human rights have been the focus of significant attention at the international level. There remains, however, a dearth of information concerning the application and relevance of international norms at grassroots levels within Africa. There are few works about women’s human rights within Africa that are actually written by African women lawyers and human rights activists. This book offers a glimpse into the lives of women in Ghana, Uganda, and Tanzania; it describes — in their own words — the challenges these activists face in implementing international human rights norms at the local and national levels.
Choice of Business Entity: Weighing the LLC Against the Alternatives, in South Carolina Corporate Practice Manual (2nd ed. 2005)
Brant J. Hellwig
The South Carolina Corporate Practice Manual, Second Edition is a comprehensive and practical handbook designed for both the general practitioner and corporate specialist. This updated resource tracks the entire process of forming and operating most types of corporate entities. Fully updated since the First Edition, the book includes practical instructions on advising clients about selecting the correct corporate entity, choosing and protecting the corporate name, corporate finance and control, and securities. Model articles, bylaws, resolutions, minutes, tax and other forms are included on CD.
The Legal System of Nepal, in Legal Systems of the World: A Political, Social, and Cultural Encyclopedia (Herbert M. Kritzer ed., 2002)
Johanna E. Bond
Legal Systems of the World is the only comprehensive reference work that covers the legal systems of every nation on earth, every state in the Union, and every province of Canada.
- 400 A–Z entries on places from Scotland to Suriname, concepts and terms like legal realism and retribution, and key documents such as the Writ of Certiorari
- Entries by an international team of over 350 contributors
- Highly readable maps of every country in the world, from Afghanistan to Zimbabwe
- Nearly 275 diagrams illustrating the legal structure of various states and countries
- A glossary of hundreds of key terms like "adversarialism" and "sharia"
Jointly Owned Property, in Estate Planning Strategies: A Lawyer's Guide to Retirement and Lifetime Planning (Jay A. Soled ed., 2002)
Robert T. Danforth
This comprehensive book is a guide to help circumnavigate the estate-planning world and specific changes EGTRRA has brought and will sensitize lawyers to the estate planning needs of their clients in a legal environment that is in transition. To assist in the navigation process, many of the nation's top estate-planning experts and practitioners have been assembled to participate in the production of this book
Violence Against Women and International Human Rights Law, in Sourcebook on Violence Against Women (Claire M. Renzetti et al. eds., 2001)
Johanna E. Bond and Robin Phillips
This textbook comprises a collection of original scholarly writings extensively covering current research on violence against women. It is intended as a resource for students, practitioners, and academics.
Howard M. Zaritsky, Norman H. Lane, and Robert T. Danforth
For more than two decades WG&L's Federal Income Taxation of Estates and Trusts, Third Edition, has been the definitive resource for lawyers, accountants, financial advisers, trust officers, and others who plan for and comply with the special income tax rules that apply to estates and trusts. With detailed, comprehensive, and practical guidance, the Treatise provides:
- Advice about computing the taxable income and tax liability of estates and trusts
- Coverage of the allocation of the tax burden between estates and trusts and their beneficiaries
- Differences between so-called simple and complex trusts
- Explanation of the taxation of foreign situs trusts
- Professional guidance about so-called grantor trusts (trusts that are treated as alter egos of their grantors)
- In-depth examination of tax rules covering the administration of charitable trusts, including charitable lead trusts and charitable remainder trusts
- Professional guidance about the planning and administration of numerous special-purpose trusts, including trusts designed to hold Subchapter S stock, non-exempt employee benefit trusts, grantor retained annuity trusts, and qualified personal residence trusts
- Complete coverage about planning for and managing income in respect of a decedent (IRD)
- Numerous examples that apply complex tax rules to real life situations
- Frequent supplementation that gives subscribers the most current guidance and strategies involving estate and trust law
Doug Rendleman and Kenneth H. York
Concisely covers the subject matter of Remedies with an emphasis on the lawyer's process. Decisions were picked and edited to build on first-year courses in contracts, torts, civil procedure, property, and constitutional law. Text also develops the differing measures of contract and tort damages and the availability of punitive damages for torts.
The Books and Chapters collection highlights published scholarship by members of the faculty at the Washington and Lee University School of Law. The record for each item includes a description of the work, publication information, and a link to purchase or download the text. The works are authored by current and former faculty members and arranged by year of publication and then alphabetically by author's last name, with the most recent at the beginning of the list.
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