Sally Beauty Company, Inc. V. Nexxus Products Company, Inc PDF Download

Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 122

View

Book Description

Author: Peter A. Alces
Publisher: Wolters Kluwer
ISBN: 0735551286
Category : Law
Languages : en
Pages : 774

View

Book Description
Commercial legislation and intellectual property principles are experiencing dramatic adjustment as a result of technological, social, and legislative innovation. The Commercial Law of Intellectual Property provides comprehensive, in-depth analysis of the intersection of commercial law and intellectual property rights, including discussion of all applicable U.C.C. sections and other relevant legislation, as well as discussion of hundreds of cases in which intellectual property interests have been subject to U.C.C. provisions, with attention to such critical areas as: Intellectual property licensing, including shrink-wrap and click-wrap license agreements Licenses and other licensing arrangements that some courts view as valid contracts and others do not Representation, fitness, and disclaimer of liability in warranties, with special reference to computer systems and other intellectual property sales, leases, and licenses Unconscionability in the formation of intellectual property sales agreements Application of U.C.C. Article 2 and U.C.C. Article 2A to intellectual property Formation and performance terms of sales and lease contracts involving intellectual property Third-party interests in sales and lease transactions involving intellectual property Performance, repudiation, and excuse in intellectual property sales and lease contracts Intellectual property damages

Author: William Domnarski
Publisher: University of Illinois Press
ISBN: 9780252065569
Category : History
Languages : en
Pages : 204

View

Book Description
In the Opinion of the Court, the first close examination of judicial opinions as a literary genre, looks at opinions handed down by the U.S. Supreme Court, the U.S. Court of Appeals, and district courts, tracing their history, function, and place in legal literature. William Domnarski explores the connection between judges and their audience on the one hand, and judicial opinions and their functions, on the other. He also reveals the key roles played by the reporting and publication of judicial opinions in advancing distinctly American values, the dominance exercised by the best opinion writers, and the rise of the law clerk as an individual increasingly called on to write opinions. Domnarski pays special attention to Learned Hand and Oliver Wendell Holmes traditionally seen as the best practitioners of the genre, and devotes a chapter to Richard Posner, Chief Judge of the Seventh Circuit of the U.S. Court of Appeals in Chicago, seen as carrying on the Hand-Holmes tradition.

Author: Ben Templin
Publisher: Aspen Publishing
ISBN: 1543809618
Category : Law
Languages : en
Pages : 1259

View

Book Description
The purchase of this ebook edition does not entitle you to receive access to the Connected eBook with Study Center on CasebookConnect. You will need to purchase a new print book to get access to the full experience, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions from your favorite study aids; an outline tool and other helpful resources. Contracts: A Modern Coursebook, Second Edition by Ben Templin is an innovative coursebook unlike any other on the market. The book takes a hybrid approach between a “traditional” casebook and a problems-based casebook, incorporating a more thorough discussion of the law followed by cases then problems. Featuring a unique design that engages the reader and incorporates professional skills and experiential-type learning, Contracts: A Modern Coursebook is a revolutionary, classroom-tested book. Rather than playing “hide the ball,” professors using this book will be able to say, “Here’s the ball. Let’s play catch.” New to the Second Edition: Now Over 500 Questions and Problems, nearly doubling the number of questions and answers for professors to use to assess students. A new section—Questions for Review—tests students’ understanding of the law before they try the more difficult analytic problems. Enhanced analytic problems—updated based on feedback from professors and students New cases with tighter editing to adjust the mix between classic and contemporary cases for greater balance, and to focus on the core lesson More flowcharts and tables, providing additional visual learning aids to help students synthesize concepts More examples and case illustrations to keep students engaged and to stimulate critical thinking Design enhancements, including a redesign of “Rule Boxes” that makes parsing the rule statements easier for students A new numbering system to more easily track “Learning Outcomes” to “Explanations” to “Case Law” to “Assessments” Professors and students will benefit from: Learning Objectives: Unlike traditional casebooks, every chapter begins with three to seven precise learning goals. Millennials respond positively when learning objectives are stated at the beginning of a lesson. The defined learning objectives for each chapter help professors comply with ABA requirements to establish learning outcomes that consist of “clear and concise statements of knowledge that students are expected to acquire.” Clear and Concise Explanations of the Law: Much like a hornbook, every chapter provides clear and concise explanations of the law. Overarching rules are identified and highlighted visually. An analytical framework is provided to help students parse the rule. Examples and Case Illustrations explain the parameters and application of the rule. Test Yourself questions are embedded exercises within the explanation section to let students assess their understanding of the rules. Case Law—Developing Critical Reasoning Skills: Since students learn the law before reading the cases, the focus of case analysis is on the reasoning that the court applies. By posing direct questions and giving students prompts to respond to as they read the case, students build critical reasoning skills, and, as a result, are better prepared for class. Problem Solving and Analysis—Built-in Formative Assessment: At the end of each chapter, the Problem Solving and Analysis section provides students the opportunity to build critical thinking skills (the highest level of Bloom’s Taxonomy of Educational Objectives) through a series of thought-provoking hypotheticals based on real-world scenarios. The rich set of questions builds accountability and addresses the challenge of providing in-semester formative feedback to large classes to help professors comply with ABA formative assessment standards. Contemporary Layout and Design: The contemporary book design is optimized to improve readability, heighten student engagement, and increase retention. Concise and Compact: Shorter than competing casebooks, the casebook can be used in 4-credit, 5-credit, or 6-credit courses. Classroom Tested: Contracts: A Modern Coursebook has been classroom tested over three years. More than 400 students have used the text for both the first year contracts course and as a supplement for a third year remedies course. Students have been overwhelmingly enthusiastic about the content, format, and approach.

Author: California (State).
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 124

View

Book Description

Author: Steven L. Emanuel
Publisher: Aspen Publishing
ISBN: 1543826415
Category : Law
Languages : en
Pages : 694

View

Book Description
The most trusted name in law school outlines, Emanuel Law Outlines support your class preparation, provide reference for your outline creation, and supply a comprehensive breakdown of topic matter for your entire study process. Created by Steven Emanuel, these course outlines have been relied on by generations of law students. Each title includes both capsule and detailed versions of the critical issues and key topics you must know to master the course. Also included are exam questions with model answers, an alpha-list of cases, and a cross reference table of cases for all of the leading casebooks. Emanuel Law Outline Features: #1 outline choice among law students Comprehensive review of all major topics Capsule summary of all topics Cross-reference table of cases Time-saving format Great for exam prep

Author: Casenote Legal Briefs
Publisher: Aspen Publishing
ISBN: 154381476X
Category : Law
Languages : en
Pages : 196

View

Book Description
After your casebook, a Casenote Legal Brief is your most important reference source for the entire semester. The series is trusted for its expert summary of the principal cases in your casebook. Its proven reliability makes Casenote Legal Briefs the most popular case brief series available. With more than 100 titles keyed to the current editions of major casebooks, you know you can find the help you need. The brief for each case saves you time and helps you retain important issues. Each brief has a succinct statement of the rule of law/black letter law, description of the facts, and important points of the holding and decision. Quicknotes are short definitions of the legal terms used at the end of each brief. Use the Glossary in the end of your text to define common Latin legal terms. Such an overview, combined with case analysis, helps broaden your understanding and supports you in classroom discussion. Each title is keyed to the current edition of a specific casebook; it s your trusted guide to the text throughout the semester. The brief for each principal case in the casebook saves you time and helps you retain important issues. Each brief has a succinct statement of the rule of law/black letter law, description of the facts, important points of the holding and decision, and concurrences and dissents included in the casebook excerpt. This overview is combined with a short analysis: all to help you broaden your understanding and support you in classroom discussion. Quicknotes at end of each brief give you short definitions of the legal terms used. A handy Glossary of common Latin words and phrases is included in every Casenote. Detailed instruction on how to brief a case is provided for you. A free Quick Course Outline accompanies all Casenote Legal Briefs in these course areas: Civil Procedure, Constitutional Law, Contracts, Criminal Law, Criminal Procedure, Evidence, Property, and Torts.

Author: Casenote Legal Briefs
Publisher: Aspen Publishing
ISBN: 1543807364
Category : Law
Languages : en
Pages : 296

View

Book Description
After your casebook, a Casenote Legal Brief is your most important reference source for the entire semester. Expert case studies and analyses and quicknote definitions of legal terms help you prepare for class discussion. Here is why you need Casenote Legal Briefs to help you understand cases in your most difficult courses: Each Casenote includes expert case summaries, which include the black letter law, facts, majority opinion, concurrences, and dissents, as well as analysis of the case. There is a Casenote for you! With dozens of Casenote Legal Briefs, you can find the Casenote to work with your assigned casebook and give you the extra understanding of all cases Casenotes in 1L subjects include a Quick Course Outline to help you understand the relationships between course topics.

Author: Charles L. Knapp
Publisher: Aspen Publishing
ISBN: 1543856314
Category : Law
Languages : en
Pages : 1519

View

Book Description
Problems in Contract Law: Cases and Materials, by Charles L. Knapp, Nathan M. Crystal, Harry G. Prince, Danielle K. Hart, and Joshua M. Silverstein, includes cases with notes and explanatory text, additional commentary, essay, and short-answer problems, and multiple-choice review questions for each chapter. The cases selected are a balance of traditional and contemporary that reflect the development and complexity of contract law. Explanatory notes and text place the classic and newer decisions in their larger legal context. Questions and problems provide opportunities to practice core legal skills and encourage students to explore the relationship between theory and practice. This successful book is well known for approaching contract law and theory from multiple perspectives and using a variety of contractual settings. Adaptable for instructors with different pedagogical philosophies, Problems in Contract Law can easily be used in teaching by traditional case analysis, through problem-based instruction, or using theoretical inquiry. The purchase of this ebook edition does not entitle you to receive access to the Connected eBook with Study Center on CasebookConnect. You will need to purchase a new print book to get access to the full experience, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions from your favorite study aids; an outline tool and other helpful resources. New to the 10th Edition: Five new principal cases that reflect advances in or improved statements of contract law. One restored principal case (Oppenheimer & Co. v. Oppenheim, Appel, Dixon & Co.) that provides valuable perspectives on a fundamental area of contract law. Twelve new problems, including several shorter problems, to provide more review options for teachers and students and to add contemporary fact patterns. Eight new tables and flow charts to assist students with the conceptual structure of complicated legal subjects. Editing of note and text material to reduce length without affecting coverage and to capture new legal developments. Reorganization of text and comment material to focus comments primarily on historical developments, allowing professors greater flexibility in assigning or deleting comments. Student accessibility to deleted cases from prior editions through Casebook Connect, allowing professors the further flexibility of continuing to easily assign cases for which they have a particular preference. Professors and students will benefit from: The authors’ emphasis on making the material accessible for both students taking and professors teaching the course - rejecting a hide-the-ball approach. The continued appeal to professors with various teaching methodologies: traditional, problem-oriented, theoretical, and practical. The comprehensive nature of the contents allows professors the flexibility to teach their students the basics or conduct a more in-depth analysis of a given topic. The continued mixture of classic and contemporary cases. Review questions at the end of each chapter that are primarily designed for students to perform self-assessments of their grasp of the material. Answers with explanations are included in an appendix within the book.

Author: Randy E. Barnett
Publisher: Aspen Publishing
ISBN:
Category : Law
Languages : en
Pages : 1479

View

Book Description
Contracts: Cases and Doctrine features a mix of lightly-edited classic and contemporary cases that stress current contract doctrine along with the essential lawyering skill of case analysis—how to sift through the facts of the case to discern the prevailing rules and theory. Randy Barnett and Nate Oman’s innovative text introduces each case and provides the historical background of the iconic cases that make the study of contract law engaging. Study Guide questions help students identify salient issues as they read each case. Judicial biographies of each judge provide additional context. The 8th Edition has been streamlined and edited to delete materials that are rarely covered in a 1L class. This edition includes new cases that have been chosen for their topicality, facts, or pedagogical usefulness. Areas covered include so-called “smart contracts” and the relationship between restitution and contract. As always, the authors focus on cases with facts that will be easier to teach. New cases in this edition include litigation between Ukraine and Russia over Russia’s invasion of its neighbor, a plea bargaining deal gone wrong, what happens when an employee signs a boilerplate arbitration contract “No Rejected,” and a dispute over whether spiders are insects. New to the 8th Edition: In order to keep the size of the book manageable, the authors have simplified its structure by condensing some of the more theoretical material on enforceability. The chapters on Principles of Enforceability and Intention to be Legally Bound have been deleted entirely, and highly truncated portions of the materials from these chapters have been added to the chapters on The Doctrine of Consideration and The Doctrine of Promissory Estoppel. New cases include: • In re IBP Inc. Shareholders Litigation (specific performance of a merger agreement involving personal services) • Bjorkman v. Arctic Cat, Inc. (modern application of the rule in Dickinson v. Dodds) • Ragland v. IEC US Holdings, Inc. (a new employee signed a boilerplate arbitration contract “No Rejected”) • Rios v. State of Maryland (confused bargaining over a plea bargaining agreement) • Robinson v. Liberty Mutual Insurance Co. (What is a spider? An example of neo-textualist interpretation) • Law Debenture Trust Corp. Plc. v. Ukraine (litigation between two countries – Russia and Ukraine – in the courts of a third country, England) • Martinez-Gonzalez v. Elkhorn Packing Co. LLC (duress in an employment contract involving a migrant worker) Professors and student will benefit from: • Case-based approach gives students ample doctrinal materials to sift through for facts and analyze for prevailing rules and theory. • Cases are lightly edited, or presented as whole as possible, to give first-year students the opportunity to develop case-analysis skills. • Restatement and UCC sections are integrated to encourage students to consult them as they read the cases. • Iconic and contemporary cases are combined to show how the classic cases are still relevant. • Each chapter begins with a brief, accessible textual introduction. • Study Guide questions before each case help focus student attention on salient issues. • Flexible organization begins with Remedies, but chapters can be taught in any order.