Bøger udgivet af American Bar Association

What do sexual assault survivors expect of the enabler-bystander? In this powerful book, Amos N. Guiora shares the stories of survivors to expose how individual and institutional enablers allow predators to perpetrate their crimes through silence and other failures to act. He then proposes legal, cultural, and social measures aimed at the enabler from the survivor¿s perspective.Based on thousands of pages of grand jury indictments, civil lawsuits, criminal prosecutions, special reports, media accounts, and personal interviews with numerous survivors and their attorneys, Amos N. Guiora poses this critical question:What do sexual assault survivors expect of the enabler-bystander?Focusing on cases of sexual assault from USA Gymnastics, Michigan State University, Penn State University, The Ohio State University, and the Catholic Church, interview after interview sheds compelling light on two powerful responses: that this question had not been previously asked and that survivor expectation of protection and support from the enabler-bystander was rarely, if ever, met.Clearly the perpetrator benefitted from the complicity of the enabler. From the survivor's perspective, both bear responsibility for their plight and must be held accountable. This book emphasizes individual and institutional enablers alike; in fact, armies of enablers.With emotions ranging from deep disappointment to seething anger and extreme frustration, all articulate profound abandonment by the person in a position to assist them in the face of sexual assaults.Guiora proposes legal, cultural, and social measures aimed at the enabler from the survivor¿s perspective. The proposed changes will address, and impact, both broader society and specific communities including higher education, elite athletics, sports organizations, religious institutions, law enforcement, the entertainment industry, and elected officials.With this book, Guiora is committed to sharing survivor stories and to propel change, which is essential to protect future survivors. Only by hearing their stories, do we fully understand the power of the enabler and the pain they cause the survivor. Their voices must propel us to change.

This book covers the principles and context of expertise-driven marketing. It talks about and dispels myths about article writing, discusses the core principles that drive expertise-driven marketing, and identifies similarities between relationship-driven marketing and expertise-driven marketing. It also contains 8 fundamental rules of effective article writing and how to put them into practice.

If you are a criminal defense lawyer, it is inevitable that you are going to represent someone on the Autism Spectrum. Indeed, the Center for Disease Control estimates that one in 59 children are on the spectrum. And because Autism is a lifelong condition, these children will become adults on the spectrum.But what is Autism Spectrum Disorder (ASD), how will you recognize it in a client, why is it relevant to the criminal justice system, and why do people with ASD get ensnared in the criminal justice system?The reason for compiling the expert opinions in Representing People with Autism Spectrum Disorders: A Practical Guide for Criminal Defense Lawyers is meant to cover the complete anatomy of a criminal case, from the initial encounter with law enforcement, through the bond hearing, through the use of experts, through plea bargaining or dismissal, through resolution, including a sentencing hearing to prison or probation.

There are many helpful treatises that require in-depth reading, but this reference serves the other need of the market -- to help practitioners understand the eligibility requirements for a particular visa, required evidentiary proof, and practice pointers to help navigate tricky waters.Immigration filings have some unique pressures: urgent deadlines involving I-94 expiration dates, varied and complex procedures for numerous visa petitions, constantly changing regulations, and government agencies that provide little leeway for error. The book is designed to allow you to quickly find a rule and obtain immediate guidance on key issues. It includes:eligibility analyses designed to provide a short review of the requirements for any given visa petition; practice pointers designed to provide quick access to difficult issues that may arise; checklists that will guide practitioners as to what to include in a petition; and common immigration acronyms with an easily-referenced Acronyms section.

This is an invaluable and timely resource for attorneys who need a basic grounding in the principles and financial standards of intellectual property valuation, and who will also benefit from a basic review of the core attributes, categories and permutations of the various intellectual properties. This book's straightforward discussion is also useful for bankers, financial professionals, and venture capitalists who want a better understanding of the basic legal framework and current trends affecting intellectual property, litigation, legislation, and categorization of new forms of IP and related intangible assets.Table of ContentsChapter 1: Intellectual Property Value and Valuation in a Changing WorldChapter 2: Intellectual Property Valuation in the Changing World of Legislation and LitigationChapter 3: Changing Valuation Standards and MethodologiesChapter 4: Valuation Methodologies: Traditional and Accepted Certainty of ValuationChapter 5: New, Developing, Proprietary, and Alternative Valuation MethodologiesChapter 6: Royalty Rates: The Ultimate Value ContextChapter 7: Patent Valuation: Trends and Cases Contributed by David NobleChapter 8: Trade Secrets Valuation: Trends and Cases Contributed by Evan LokerChapter 9: Copyright Valuation: Trends and CasesChapter 10: Trademark Litigation: Trends and Cases with Contributions from Pierce UrbanChapter 11: Right of Publicity Analysis and ValuationChapter 12: International Arbitration Valuation and Case StudiesChapter 13: Valuation of Application Based, Digital Platform Ventures, and Internet AssetsChapter 14: The Future of Intellectual Property and Valuation

Reading Bar Exam MPT Preparation & Experiential Learning For Law Students: Interactive Performance Test Training will help you master the performance test portion of the bar exam during law school. Working through the PT questions and sample answers, you will:*; Give yourself a down payment for success on the bar exam*; Gain critical exposure to practical lawyering skills that will help you transition effectively to law practice*; Find that law school comes alive, especially if you have thus far seen it as ';just' reading and briefing cases*; Begin to see yourself not just as a student, but as a practicing attorneyLaw students used to postpone even thinking about the bar exam until after graduation. They then did nothing but study for two months. Today's law students have more pressure, more riding on outcomes, and much more student loan debt than prior generations. To ensure bar exam success, you must start bar prep earlyduring law schooland master strategies to pass every part of the exam. This book will help you do just thatpass the performance test portion of your bar exam.In the role-play simulations in this title's online performance tests, you will ';represent' almost a dozen clients in criminal and civil litigation, and in transactional matters. You will practice drafting memos, briefs, discovery plans, affidavits, closing arguments, cross examinations, and more.

This meticulous, thorough, and scholarly book provides an understanding of the burden of proof and all it entails, beginning with its historical roots in the court systems of ancient Greece and Rome. Equally a practical work, it demystifies the theory and workings of the burden of proof in civil trials and how it profoundly shapes litigation practice.

The world of litigation is a fiercely adversarial one, and within the bounds of honesty and professional ethics, the litigator is expected to fight voraciously for the best interests of the client.Through a rigorous process that includes conscientious preparation of the case, thorough methods of discovery, artful briefing, and meticulous examination of witnesses, litigators are expected to clarify the facts, expose deception, and--in most cases--arrive at truth and justice in the end.Questions and Answers for Litigators distills the sage advice of skilled and seasoned trial litigators who have long labored in the trenches and, as a result, know what works. This collection of advice and gems of practical wisdom from experienced practitioners will benefit litigators in their practice.

Asset protection planning continues to be a challenging area of the law, and at the same time practitioners are seeing an increasing number of clients who require assistance to save taxes and provide for family needs through these strategies. This demanding area requires knowledge of property law, domestic and international tax law, estate planning, the law of trusts and estates, bankruptcy and debtor-creditor law, and more.Since the original publication of Asset Protection Strategies in 2005, there have been many important and interesting developments addressed in this updated edition. This compendium brings together the knowledge of multiple experts in the field who share an in-depth, professional analysis and review of the key issues that lawyers and financial planning professionals face in advising clients on plans designed to achieve the goal of tax savings, providing for other family members, and protecting the estate from creditors. Chapters provide practical viewpoints and current information to assist practitioners in analyzing the client's needs and determining the appropriate plan for each objective and situation.Asset Protection Strategies provides objective and informed guidance on legally protecting a client's wealth, including:Establishing and drafting offshore asset protection trustsChoosing an offshore jurisdictionPlanning using foreign grantor trustsThe Uniform Voidable Transactions Act (UVTA)Tax compliance and reporting when using offshore trustsLife insurance and asset protection strategiesAnalysis of homestead exemptions across the United States, and more

Forensic accounting can help family lawyers win their case and let their clients keep more of the money that might otherwise be taken from them by the difficult and confusing divorce process. To assist you understanding the practice of forensic accounting and business valuation and ultimately apply it to your family law cases, The Forensic Accounting Deskbook provides a basic introduction to the core financial concepts in divorce, such as asset identification, classification and valuation, income determination, and expenses.Writing in a clear, accessible style, author Miles Mason, who is both an attorney and a CPA, provides step-by-step explanations of these "how to" mechanics. At the same time, he also explores higher-level strategic concerns that are appropriate for high-asset and high-conflict cases. He connects the dots and fills in the gaps among the interrelated topics involved in divorce, from methodology to testimony. Ideal for both the seasoned and less experienced family law practitioner, topics in this updated edition include:What is forensic accounting, and why do you need it?Engaging a forensic accountantBasic accounting principlesReading a financial statementHow to look for hidden assetsDiscovery, subpoenas, and depositionsAsset identification and clarificationDetermining income and the importance of lifestyle analysisReports and testimonyEthics, standards, and confidentialityThe book also includes useful appendices available both in the book and at an online forms library, including a deposition question checklist, a sample agreement for expert consulting services, a sample company's financial statements, and a sample forensic accounting report.

Learn to take control of and protect what may be a business's most valuable asset: trade secrets.

Due diligence is usually a straightforward process that has not experienced radical change in recent years. In contrast, intellectual property itself is constantly evolving, highly technical, and often defines a company's position in the marketplace. Keeping up to date with changing IP laws adds to the complexities for effective due diligence. Intellectual Property and Technology Due Diligence assists the intellectual property attorney in conducting a thorough review of all aspects of intellectual property and technology, accurately assessing and analyzing the risks and benefits associated with those intangible assets, and determining how they impact transactions and the business at large.Table of ContentsChapter 1: An Introduction to Intellectual Property and Technology Due DiligenceChapter 2: The Structure of a Deal and Its Impact on the Scope of Due DiligenceChapter 3: Intellectual Property Due Diligence: An OverviewChapter 4: Trademark Due DiligenceChapter 5: Copyright Due DiligenceChapter 6: Patent Due DiligenceChapter 7: Trade SecretsChapter 8: Technology, Data, and Online Services Due DiligenceChapter 9: Cybersecurity and Data Privacy Due DiligenceChapter 10: Due Diligence of AgreementsChapter 11: Intellectual Property Due Diligence and Government ContractorsChapter 12: The Life Sciences SectorChapter 13: Agricultural and Plant Breeding IndustryChapter 14: Intellectual Property Acquired Through BankruptcyChapter 15: University-Originated Intellectual PropertyChapter 16: Conforming the Provisions to Reflect the Due Diligence and the DealChapter 17: Security LinesChapter 18: Closing: What Happens Next? Includes AppendicesAbout the Editor Lacy Kolo, PhD, is a Director at the global investment bank Houlihan Lokey. As part of the Tech+IP Advisory practice at the bank, Dr. Kolo serves as an advisor for clients, providing counsel on technology and intellectual property-based transactions, mergers, and acquisitions, IP-backed capital formation, and restructuring.

The purpose of an interview is to uncover the truth; the method of uncovering the truth is the art of the interview. Obtaining sufficient relevant information is imperative in everything a lawyer does to protect the interests of the client, yet interviewing techniques are not emphasized in law school training.Getting the Whole Truth teaches lawyers--from novices meeting their first clients to experienced trial lawyers--effective methods of obtaining information by human interaction. No matter from whom you are seeking information or what your reason for desiring it, these techniques can help you meet and interact with others and effectively gather the facts you need.

Cyberbullying is the first pandemic of the twenty-first century. No country has escaped this phenomenon since the Internet became mainstream and litigation commenced in the 1990s. In fact, 2020 even witnessed cyber-abuse related to the novel coronavirus (COVID-19) as well as race relations and protests.Cyberbullying Law presents cases, comments, and legal research for attorneys, judges, and anyone interested in the rights and responsibilities of those involved in cyber abuse or harassment. Due to the ubiquity of all things digital, litigants invariably become enmeshed in electronic communication. This may lead to petitions for orders of protection or sua sponte orders from the bench regarding communication among parties, victims, and witnesses.Practitioners in civil and criminal courts, or family and juvenile courts regularly confront instances of cyber abuse, whether constituting harassment, intimidation, stalking or threats. First Amendment protections are not absolute, although often claimed as a defense in many of these cases. Sexting, revenge pornography, and defamation are subjects of litigation across the country. Wrongful death lawsuits ("bullycide") have been filed against youthful bullies and their parents. Employment law also sees its share of cyberbullying involving employees and management. Title VII of the Civil Rights Act of 1964 is often the basis of a legal action for discrimination at work or wrongful termination. School districts face lawsuits alleging negligent handling of reports of bullying or "deliberate indifference" to reported incidents, based on Title IX of the Education Amendments of 1972.To effectively represent a client, argue a case before a trial or appellate court, or simply play a video game with a family member, knowledge of cyberbullying and its consequences is essential.

Provides specific guidance on pre-trial criminal procedure of all sorts, and explains in understandable terms "what you can do and what you can't do" under 4th Amendment search and seizure law. From traffic checkpoints and forceful felony arrest, from Miranda warnings to inmate and cell searches, it¿s all covered in this concise reference. Search warrants, electronic surveillance, and use of canine search and seizure are also covered in great detail. In addition, citations are included in the book so that readers may find and read the entire case for more information.Finally, numerous charts and guides are included throughout the book to make this as practical a guide as possible, including: a Quick Checklist for Search Warrant Affidavit, Homicide and Violent Assault First Responders Checklist, In-Custody Death Checklist, Affiant Training and Experience Resumé Guide, Telephonic Warrant Form, and, much more. Make sure everyone involved with search and seizure in your organization is equipped with this thorough and understandable guide.Table of Contents:Chapter I. Investigative Detention Chapter II. Traffic DetentionChapter III. ArrestChapter IV. Use of Force Chapter V. Interview and Interrogation Chapter VI. Warrantless Search and Seizure Chapter VII. Search Warrants Chapter VIII. Electronic Media Concerns Chapter IX. Canine Search and SeizureChapter X. Canine Use of Force AppendicesTable of Cases Index

In addition to the forms, a number of checklists are provided that summarize the laws and issues being discussed. Each chapter begins with an overview that gives a quick reference to the particular sections of the chapter for which the lawyer will have the most use.Readers who wish to practice in this area of the law are encouraged not only to read this book and the other publications from the ABA referenced within, but also to attend continuing education programs in order to become well versed in the state-specific application of many of these laws.

This guide is designed as a basic research tool to aid practicing lawyers in thinking about and applying the Fifth Amendment privilege in various contexts and proceedings. This third edition not only updates the second edition with more recent court decisions but also expands the prior discussion on certain topics in order to elucidate, or in some instances question, a trend or a decision.

Art is an asset of passion, as author Ramsay H. Slugg states, yet it also has unique and important financial characteristics. This makes art possibly the most difficult asset to incorporate into an overall estate and financial plan. Handbook of Practical Planning for Artists, Art Collectors and Their Advisors addresses two essential elements of art ownership: planning for the ultimate disposition of the art, including how to address the wealth represented by the art into any estate and financial planning, and also the practical considerations for collectors as they actively collect and plan for the art¿s eventual disposition. After a brief discussion of the art market generally, the book introduces and explains a client-focused process I use when advising art collectors. This process includes explaining both the income, estate and gift tax consequences of various options, as well as the important and often emotional non-tax considerations of collecting and disposing of art. The book also discusses the role and importance of other advisors who are involved in these decisions, including art advisors, risk management professionals and appraisers. To better illustrate the material, the book features enlightening case studies.

Harassment claims based on sex, not just sexual conduct or language, continue to increase. At the same time, these cases are becoming more complex and difficult to litigate. With the in-depth contributions of seasoned employment law practitioners from across the country, this important book provides a best practices guide for attorneys who litigate cases on behalf of plaintiff/employees and defendants/employers. Focusing on gender harassment and retaliation under Title VII of the Civil Rights Act, the book begins by providing a platform for which the practitioner can assess and handle gender harassment and retaliation case. The book supplies guidance for performing a thorough analysis of the elements which must be proven and should be considered throughout the litigation of a claim, including planning and defending depositions.

"With great interest I read Transaction Risk. I have been practicing law in the area of transactions for more than 30 years, and was surprised with the comprehensive compilation of risks identified in the book, and that most of the time can be passed unnoticed. In addition to author R.J. Spjut's great work in identifying most of the risk that needs to be considered by a lawyer when drafting an agreement or negotiating a deal, but he also explained them and supported these findings with court decisions. Any attorney that practices in the areas of transactions and contracts should read this book not once, but also from time to time to avoid costly mistakes." -- Reinaldo Hellmund, Rodríguez & Mendoza, Abogados, Caracas, VenezuelaChapters are organized following the progress of a civil law contract, covering:Part 1: Overview of transaction risk managementPart 2: Planning and documentation of riskPart 3: Counterparty risksPart 4: Third-party and uncontrollable event risksThis is an exceptional resource for lawyers new to transactions, who may know about risk and risk allocation but not how to fit them into an analytical framework. It will also benefit lawyers seasoned in transactions by sharpening their understanding of risk, as well as the deal makers who can use this book to learn about risk and contractual risk allocation strategies.

This book will help a litigation or arbitration team become more persuasive in telling the story about each construction issue or problem in a way that makes the complex case easier to understand, makes the truth more self-evident, and exposes the fallacies of any attempt to obfuscate the truth.

Leaders have the power to make a difference in the world. The challenge is: will they use this power or allow fear to serve as a stumbling block? Love over fear. Love creates hope and embraces future possibilities, while fear limits one¿s options and closes the window of opportunity. Love lifts others to their highest potential. Fear stifles growth and diminishes one¿s capacity to become the best self. Love is manifested through service to others. In order to be a true leader, you need to have a deep passion for helping the people yoüre leading. If you don¿t really see yourself as a servant leader, you may not make decisions that benefit those who put you there. The servant leader¿s scorecard is simple¿are people better off when you quit than when you started? Were the poor and powerless a part of the progress, and is there a stronger sense that our common humanity is more important than our interesting differences?¿ In The Leader¿s Journey, Dr. Tyner provides those who are passionate about leading social change with the tools to develop their leadership skills, create a vision, empower people, add value, and build a long-term agenda. She offers an in-depth look into her personal leadership journey, which is influenced by a desire to use the law as a vehicle for advancing justice and equity and her commitment to advance leadership education.

Lawyers need a working knowledge of the types of social media cases that may arise in their practice, and know where to find precedent and answers. With over 700 pages, this book examines the trends of social media and social networking use.

U.S. companies rely on the capital markets for a greater portion of their total funding, and on the debt capital markets for a greater portion of their credit financing, than do companies in Europe or Asia. In short, U.S. capital markets play a critical role in both the U.S. and global economy.Transparency is viewed as fundamental to the efficient functioning of these markets. Transparency, in the form of robust dis-closures by public companies, helps to protect investors, ensure a level playing field, and promote better allocation of capital.Given the extensive disclosure requirements now applicable to public companies and the ever- increasing length of public company disclosures, some would argue that we are well past the point of information overload. On the other hand, others would note that enhanced disclosure on a broad array of topics improves corporate accountability.This book cover a variety of topics including:Duty to DiscloseFraudFiling RequirementsDisclosure CategoriesBusiness OperationsRisk FactorsCompensationSpecial Circumstances and IssuesAnd more

What's the value of a deceased person, a victim's injuries, a contaminated water well? Formulas for Calculating Damages draws from the fields of law, accounting, economics, and statistics to provide a variety of formulas that help professionalize the practice of law, bolster the quality of advice provided to clients, and generate a more responsibly and skillfully presented case for damages.These formulas can be applied to thousands of case scenarios and used to informally estimate the value of a case, to negotiate or mediate settlements, or to prove damages in the course of a trial. However, they also serve many other purposes: deciding whether to accept or reject a case, whether to hire an employee or retain a contractor, whether or not to sell a business, etc.In 20 chapters, Formulas for Calculating Damages addresses basic rules and strategies - including calculating interest, measuring probability, the key rates of return, and financial ratios - and introduces the most fundamental formulas, then applies those formulas to the major practice specialties: personal injury and wrongful death, business cases, employment law, real estate, environmental law, bankruptcy, intellectual prop-erty, and family law. The last chapter provides a detailed examination of the retention of forensic experts and the top rules for using them strategically. Among the changes to this second edition are new Chapter 4 (Speed Math, Estimation, and Memorization) and Chapter 19 (Admiralty and Aviation Law Damages).

The "e;Curmudgeon"e; has been practicing law for just a little too long, and he may be too jaded for his own good. Beneath his crusty exterior, however, lies a fount of wisdom. The Curmudgeon knows everything about the legal profession, and now hes updated his previous ABA bestseller for our current times.This is everything you ever wanted to know about law practice but were afraid to ask. The Curmudgeon offers practical and honest, if blunt, advice for surviving and thriving in a law firm. He tells you what you need to know about billing, managing your assistant, drafting internal memos, dealing with clients, and building your law practice. Read The Curmudgeon's Guide to Practicing Law, Second Edition and learn how to make yourself valuable, prove to your firm that you are indispensable, and open the door to opportunity.

As class actions have evolved, they have become larger and more complex, requiring mastery of and compliance with ever-evolving case law. Authors and editors Gregory Cook and Jocelyn Larkin, master class action strategists and litigators, worked with other seasoned class action lawyers to produce this essential practice guide for lawyers, judges, and advocates and decision makers at every level.This book provides practical guidance to lawyers on how to conduct a class action, including both the plaintiff and defense perspective on the key decisions during the class action battle. It looks at each major phase of the action, from the filing of the action to settlement decisions and mechanisms. The thorough, comprehensive, and sophisticated treatment and discussion of all aspects of class action litigation makes this text a vital and necessary addition to the libraries of class action veterans and newbies alike.