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Representing People with Mental Disabilities is intended that you can throw the book in your briefcase on the way to the courthouse, or load it on your I-Pad, and turn to the appropriate chapter or chapters when needed. If you want to learn more about a topic, the Suggested Works section at the end of the book contains titles of books and articles as well as websites. Additionally, many chapters contain the statement at the end, "e;Complete citations are available from the author/authors upon request."e; The accompanying website has motions and pleadings which you can adapt to your jurisdiction.
The definitive practical resource to the provisions and complexities of the federal Clean Water Act and how it continues to evolve, this book is written by some of the country's most knowledgeable experts on the CWA. Now in its fourth edition, it continues to offer an authoritative, balanced explanation of this complex statute and its implementing regulations and guidelines.
In the Digital Era, ubiquitous connectivity has spared no enterprise the risks of being hacked from anywhere in the world. Whether the intruder''s purpose is to steal, change, or destroy information, or to use its unauthorized access to harm and disrupt the enterprise''s operations, the attackers have continued to increase their advantage over the defenders. Virtually all enterprises have been breached and their sensitive information compromised. The reality of this threat, coupled with the near total dependence of today''s businesses on networked digital technology, presents a major risk of catastrophic consequences to most businesses. And acquiring or merging with any business involves taking on that risk. Thus, in any M&A transaction, an evaluation of the target''s cybersecurity capabilities and experience is critical. This comprehensive and valuable guide, Guide to Cybersecurity Due Diligence in M&A Transactions is designed to assist companies and their counsel in assessing that risk. Beginning with an introduction to the importance of cybersecurity due diligence, the book explains to M&A counsel and their clients the key requirements of the cybersecurity due diligence process that should be part of every M&A transaction. Guide to Cybersecurity Due Diligence in M&A Transactions can be read cover-to-cover, or used when counsel or clients want to get up to speed on specific issues, such as:The importance of cybersecurity due diligence for an M&A dealLessons from recent cyber incidents including Nieman Marcus, Yahoo, Target Corporation, Sony Pictures, and VolkswagenIdentifying a target''s high-value digital assetsEvaluating incident response capabilities, supply chain risks, or assessment of a target''s resilience, and more
A valuable contribution to legal jurisprudence, this book examines in detail the progression of law that affects animal law in general, and the various aspects that particularly impacts pets and companion animals. Unique, inspiring, and interesting, author Barbara Gislason clarifies how scientific knowledge about the cognitive abilities and emotional characteristics of other animals should lead to legal developments.Pet Law and Custody provides synthesizes legal and ethical information on how the law affects pets with pertinent case law analysis. This is a very useful and well-crafted work for lawyers. The book takes an in-depth look at the subject of pet custody disputes from many angles. Not only explaining legal topics, such as what judges do in a practical way and how they might approach a case, the book also considers how cultural perspectives, cognitive biases, and points of view impact negotiations, alternative dispute resolutions, and decision-making processes. Topics include: Family law and replevin actionsAlternative dispute resolutionEstate planning for animalsContract law and the Uniform Commercial CodeProperty lawTort law affecting pet lawAnimal crueltyDangerous dogsScience and bioethicsPractical advice for the animal lawyer, including law office basics, handling a legal case, and identifying expertsAppendices include sample pleadings, agreements, rescue adoption contract, pet custody questionnaire, and more."This splendid book thoroughly and exhaustively for the first time explores all aspects of law pertaining to companion animals. Such a book has long been needed, and no one could have done it better than Barbara Gislason. This book is an instant classic, and will remain so for the foreseeable future."¿ Prof. Bernard E. Rollin, Author of Animal Rights and Human Morality and Veterinary Medical Ethics"Essential reading for lawyers and anybody who is interested in animal legal issues. Barbara Gislason¿s work is pioneering and will help you think deeply about the relationship between people and animals."¿ Dr. Temple Grandin, Author of Animals in Translation: Using the Mysteries of Autism to Decode Animal Behavior
Making the decision to pursue an in-house counsel position can be a daunting experience, in part because in-house positions are so different from working in a firm and can vary by company and industry. This is a must-read book for any lawyer considering an in-house position, offering valuable advice for a wide audience, from law students and recent law school graduates to current in-house counsel and those who are contemplating going in-house or considering a career change.Written by William E. Kruse, Regulatory Compliance Officer and in-house legal counsel at Gallup, The Corporate Counsel Survival Guide offers helpful insights into the unique aspects of serving as in-house counsel and provides a foundation for anyone who wants to learn more about in-house counsel life. But beyond the book''s wise counsel, the author''s witty and clever words make his advice fun to read and easy to follow. As he puts it in the Preface, this is a book that passes "on valuable advice for new in-house counsel that won''t bore anyone to death in the process." Topics cover the essentials for anyone starting or considering an in-house counsel position, including:How to get your bearings during your first hundred daysManaging an internal crisis, from not overreacting to understanding the critical importance of the signs that are being sentGetting work done and how to use time wiselyAvoiding land minesThe business of law in a businessWorking with others in your company and how to make arguments to convince people of what''s in their best legal interestSurviving a crisis, adapting to change, relocation, training, mentoring, and other challenges of corporate life
The Model Business Corporation Act (2016 Revision) is the first complete revision of the Model Act since 1984. The Model Act is a free-standing corporation statute that can be enacted in its entirety by a state legislation. It is the basis for the general corporation statute in 32 states and the District of Columbia, and is the source for many provisions in the general corporation statutes of other states. It is an important and often cited reference for courts, lawyers, and scholars, as well as a useful source of study and discussion in law schools in the U.S. and elsewhere. Through periodic amendments, the Model Act has evolved in significant ways since 1984. This evolution, however, has been incremental and has not been published in a comprehensive form that could be easily adopted by state legislatures as a means to capture all the changes since 1984. Nor had there been any systematic attempt to revise the Model Act to eliminate inconsistent terminology and adjust provisions that had become outdated since the 1984 revision.Accordingly, beginning in 2010, the Business Law Section's Corporate Laws Committee has undertaken a thorough review and revision of the Model Act and its Official Comment. This effort has resulted in the adoption and publication of the Model Business Corporation Act (2016 Revision). The 2016 Revision is based on the 1984 version and incorporates the amendments to the Model Act published in supplements regularly thereafter, with changes to both the Act and its Official Comment. Also included are notes on adoption and revised transitional provisions that are intended to facilitate legislative consideration in adopting the new version of the Model Act. The Committee intends and hopes that the publication of the 2016 Revision will encourage state legislatures¿in states that have already adopted all or a substantial part of the Model Act and in other states as well¿to consider adopting the Model Act in full and thereby bring their corporate statutes into line with recent developments in corporate law.
Cybersecurity for the Home and Office: The Lawyer's Guide to Taking Charge of Your Own Information Security helps individuals take control of their cybersecurity. Every day in the news, we see cybercrime -- a multi-billion-dollar-a-year criminal industry whose actors have little fear of law enforcement.
This unique volume contains new research by the ABA Commission on Women in the Profession begun two years ago on grit and growth mindset, two traits that have been shown to impact the success of women lawyers. The original study focused on large law firms; the Commission¿s expanded research covered all legal work environments: solo practice; small, medium, and large firms; corporations; government; and nonprofits.
Packed with hundreds of full-color graphics, Images with Impact: Design and Use of Winning Trial Visuals is a must-have for trial lawyers to help turn trial themes into visual images that juries are more likely to understand, believe, and remember.The book analyzes key visual communication tools such as maps, timelines, graphs and photos, addressing what works and why, and teaches graphic design basics to help presenters improve their own visuals. It also offers strategic tips for high and low-tech presentations, provides advice on spotting misleading visuals, and surveys federal and state law on demonstrative evidence across the country.
The intersection of intellectual property law and antitrust law is busy and complicated, and there¿s no reason to believe that this heavy traffic will abate anytime soon. Recently, the congress, regulators and courts have all made significant statements affecting the historical balance between the competing policies underlying intellectual property and antitrust law. Antitrust Issues in Intellectual Property Law focuses on significant recent developments in this busy legal intersection, helping the intellectual property attorney stay informed about the law and the many ways in which antitrust law limits, disciplines, and counterbalances intellectual property law ¿ and vice versa. Outcomes for clients that be directly affected by the interplay between intellectual property and antitrust law.Written by experienced intellectual property lawyers and litigators whose work focuses in these areas, the book addresses the important antitrust issues in these areas of intellectual property law:Acquisition, procurement, and ownership LicensingLitigationSettlements under the Hatch-Waxman ActIncorporation of IP into a standard set by a standard-setting organization (SSO)
In this graphic adaptation of OVERACHIEVEMENT, Dr. Eliot offers the rest of us the counterintuitive and unconventional concepts that have been embraced by the Olympic athletes, business moguls, top surgeons, salesmen, financial experts, and rock stars who have turned to him for performance enhancement advice.
Forces all responsibility for various aspects of your life right where it belongs - on you. This title attacks the importance of a positive attitude, the sanctity of marriage, sex, religion, fitness, friendship, money, stress, and happiness.
If you are a bystander and witness a crime, should intervention to prevent that crime be a legal obligation? Or is moral responsibility enough?In The Crime of Complicity, Amos N. Guiora addresses these profoundly important questions and the bystander-victim relationship from a deeply personal and legal perspective, focusing on the Holocaust and then exploring cases in contemporary society. Sharing the experiences of his parents, who were Holocaust survivors, and his grandparents, who did not survive, and drawing on a wide range of historical material and interviews, Guiora examines the bystander during three distinct events: death marches, the German occupation of Holland, and the German occupation of Hungary. He explains that while the Third Reich created policy, its implementation was dependent on bystander non-intervention.Bringing the issue of intervention into current perspective, he examines sexual assault cases at Vanderbilt and Stanford Universities, as well as other crimes where bystanders chose whether or not to intervene, and the resulting consequences.After examining the intensely personal example of his own parents' survival of the Holocaust, Guiora asserts that a society cannot rely on morals and compassion alone in determining our obligation to help another in danger. It is ultimately, he concludes, a legal issue.Should we make the obligation to intervene the law, and thus non-intervention a crime?
A stereotype bias exists in law school and legal practice favoring the garrulous extrovert. While loquacious law students, professors, lawyers, and judges thrive in a world dominated by the Socratic Method and rapid-fire oral discourse, quiet thinkers and writers can become sidelined. Introverted, shy, or socially anxious law students and lawyers often question their place in the legal arena, though research reveals they offer much-needed gifts to the profession, including active listening, empathy, contemplative analysis, and impactful writing. As legal education and law practice adjust to economic shifts and changing client mindsets, this is a prime opportunity for the legal community to make room for subtler voices. The Introverted Lawyer invites that dialogue into the legal profession.This book explains the differences among introversion, shyness, and social anxiety and how each manifests in the legal context; describes how the extrovert bias in law school and practice detrimentally can impact quiet individuals, fueling enhanced anxiety in a vocation already fraught with mental health issues; explores how quiet law students and lawyers offer greatly needed proficiencies to the legal profession; and finally, presents a seven-step process to help introverted, shy, and socially anxious individuals amplify their authentic lawyer voices, capitalize on their natural strengths, and diminish unwarranted stress.The Introverted Lawyer provides practical, tangible steps for individual growth, as well as a sound platform to enable caring professors, law office mentors, and bar association representatives to educate themselves, their students, and developing lawyers about this important and often overlooked issue.
Stolen Legacy is a non-fiction historical narrative centered on a Jewish family's legal battle to reclaim ownership of a building stolen from them by the Nazis in the 1930s. The building at Krausenstrasse 17/18 in Berlin was seized by a German businessman with direct ties to the very top of the Nazi Party hierarchy and German Railwaysthe state-owned organization that transported millions of Jews across Europe to the death camps. He was the head of the Victoria Insurance Company, then and now one of Germany's top insurance companies which, according to the book, played a role in insuring the Auschwitz death camp during World War Two. The book, written by the daughter of one of the original owners of the building, details the history of the Wolff family's ownership of the building, its confiscation by the Nazis, and the family's legal fight to reclaim it. There has been no previous written account of a successful claim of a property seized by the Nazis in Germany. The U.S. Special Adviser on Holocaust Issues, Ambassador Stuart E. Eizenstat, has written the book's foreword.
A resource for understanding the complexities of ocean and coastal law and policy. It covers the full array of issues involved - from maritime jurisdiction and boundaries to water quality protection to fisheries management and marine mammal protection to offshore energy development and climate change. Each chapter addresses the state of the law.
At a time when the hottest issue in US immigration law is the proposed action by President Obama to protect from deportation as many as 5 million illegals in the United States, the 1972 John Lennon deportation case takes on special relevance today, notwithstanding the passage of forty years since he was placed in deportation proceedings.For the first time, noted New York immigration attorney Leon Wildes tells the incredible story of this landmark case John Lennon vs. The U.S.A. -- that set up a battle of wills between John Lennon, Yoko Ono, and President Richard Nixon. Although Wildes did not even know who John Lennon and Yoko Ono were when he was originally retained by them, he developed a close relationship with them both during the eventual five-year period while he represented them and thereafter. This is their incredible story.
Author Phyllis Epstein has interviewed over 500 women lawyers nationwide to address how women today are meeting the challenges of the legal profession without sacrificing their home and family lives as well.
This book represents the cutting edge of physician law emanating from the American Bar Association Health Law Section's unparalleled 2015 Physicians Legal Issues Conference. Physicians will benefit from the content that addresses a broad range of non-clinical topics that are currently transforming American healthcare.
Topics range from how often amicus briefs are filed, who files, and why, as well as how to file and respond. The appendix contains reprints and excerpts from thirteen outstanding amicus briefs by top names including: Professors Tribe and Rains, Pamela Stanton Barron, Roger Townsend, Reagan Simpson, and Karen Grundy.
Designed for lawyers of all experience levels who need to help their clients mediate legal disputes that typically involve a claim for damages.
For tinkers, entrepreneurs, investors and any business with products or processes that can be patented, Patents Demystified provides an easy-to-understand insider guide to patents, patent law, and the patent application process. Based on the author's first-hand experience with both successful and failed companies of all sizes, readers learn the secrets of maximizing patent protection on any budget, with strategies that can be tailored to companies with any business plan or product. Instead of being intimidated and confused by patents, readers will discover how to proactively work with a patent attorney to craft a customized patent strategy, thereby taking the mystery out of what can be an arduous and complicated process.
The Devil Wears Prada meets One L, BIGLAW provides an insiders view of the cut-throat world of big New York law firms.Mackenzie Corbett has always dreamed of living in New York City. Now, almost two years into her job as an associate at a premier Manhattan law firm, shes living her fantasybig salary, high profile deals, cute boyfriend, designer bag on her arm. The giant bags under her eyes from lack of sleep dont fit into the fantasy, though. To make matters worse, shes being tormented by a bitter, bitchy senior associate, her cute boyfriend is annoyed she never has time for him, and now shes stuck on the deal from hell with a partner whose biggest claim to fame is throwing a stapler at a cleaning lady because she touched his ficus plant. With the opportunity to secure a prestigious secondment on line, the overachiever in her is determined to endure whatever it takes to close the biggest deal in the firms history. But when Mackenzie finds herself the focus of a devastating investigation her dream job begins spiraling into a nightmare.In this pitch perfect, frightening accurate novel, Lindsay Cameron throws back the curtain to this intriguing world exposing the truth about life in BIGLAW.
With this new and insightful book, author Gary Friedman presents how to access your internal selves when working with people in conflict in a way that is constructive for clients. This practical guide for conflict professionals directs the reader to pay attention to emotional clues - which can unearth unacknowledged feelings, concerns, and priorities that can be central to resolving the conflict if we understand and communicate them. Combining external dimensions with internal world (attitudes, relationships, feelings) a conflict professional and determine the best course of action for all parties involved.This book, is based on a program that Gary Friedman, along with colleague Jack Himmelstein (a law professor and lawyer) and Norman Fischer (a Buddhist monk) has been teaching for the last 6years. It entails conflict professionals to consider self-reflection, challenging typical conventions of conflict professionals by replacing them with a full and deep commitment to bringing all of one's self to serve others. Essentially - acknowledging and using self-awareness. Working from the inside out. Whether you are a professional conflict resolver, litigator, mediator, or lawyer - this book is a must have resource to help increase clients' satisfaction and success.
Holidays are deeply personal and emotional times, and as such have a way of provoking strong feelings in just about everyone over just about any issue. And then we liberally mix in booze, sugary foods, and wild parties. In twelve chaptersone for each monthThe Little Book of Holiday Law covers holidays big and small, religious and secular, and looks at many different types of cases covering everything from public displays of religious celebration to Halloween pranks gone bad. Enjoy and share this fun and fascinating look at holiday culture, facts, and humor, and the occasionally litigious reactions provoked by crosses, cauldrons, and celebrations.
Includes many legal questions that need to be addressed following a diagnosis of dementia-financial questions, health care concerns, and ethical questions - and lawyers need to understand both the law and the emotions of working with a client who has Alzheimers disease.
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