Procedures & Litigation Books - Page 6

Whatever Happened to Justice?

Rick; Maybury, Richard J. Maybury

By: Bluestocking Press Amazon Marketplace: 21 new & used starting at $3.03

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Customer Reviews:
Total reviews: 16 Average rating: 5.0 of 5

Flawed but helpful enlightenment thinking 4 out of 5 stars.
9 of 12 people found this review helpful.

Mr. Maybury does a wonderful job of explaining the differences between natural "scientific" law (also known as "common law") which can be discovered because it is universal and given by God, and resides universally in the hearts of men, and "political law" which is created by men and which almost always violates Maybury's Two Laws (which form the basis of scientific common law): 1) Do all you have agreed to do; and 2) Do not encroach upon another's person or property. Maybury then illustrates how much of the current social and even economic problems we now experience are due to the erosion of natural common law. I agree with him wholeheartedly.

I subtract one star for the following reason: Maybury is close to greater light, but loses it by embracing the enlightenment thinking that exalts the reason of man to such a degree that it shares the throne or even eclipses the acknowlegment of God. When we forget God, and cease to be grateful, our downfall is assured. I believe enlightenment thinking was our first unwitting step down as a nation. The two laws which Mr. Maybury advances are very good ones, but they are less than the two laws upon which all else hangs: 1) Love the Lord your God with all your heart, mind, soul and strength; and 2) Love your neighbor as yourself.

I do not think Mr. Maybury has forgotten God, and he cannot be accused of being ungrateful - for he loves this country and recognizes our unique blessings, but his enlightenment thinking is slightly off the mark. As an example of this, I cite Mr. Maybury's correct assertion that right-to-life questions are of utmost importance - as the ultimate violation of encroachment against another's person. However, and true to his enlightenment thinking, he grounds our natural right to life in our intelligence (which is surely one of the attributes of God we share, but which is fallen). Logically, Maybury goes on to question what degree of intelligence would be required before our right to life would no longer be protected by common law! I quote from page 117 of Maybury's book: "Rights seem to be attached to intelligence. But we don't know what level of intelligence, or how to measure it. To be within the protection of the law, how smart is smart enough?" This sums up the weakness of the book to my mind. I would argue that the right to life is not grounded in our intelligence, but in our humanity created in the image of God.

Incidentally, I am a lawyer and also the mother of a child who suffers from autism. Under Maybury's reasoning, my child's right to life is more questionable than his siblings and mine because of his reduced mental capacity. If I have learned anything from my autistic son, it is that human life is valuable because it is made in God's image, even though the image is marred by our fallen state.

Still, I am grateful to Mr. Maybury for his valuable book and I intend to use it in the education of my children.

Contracts (Black Letter Series)

John D. Calamari

List Price: $24.50 By: West Group Amazon Marketplace: 12 new & used starting at $0.86

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Customer Reviews:
Total reviews: 12 Average rating: 3.5 of 5

Mutual Mistake, The Mailbox Rule, and Other Legal Fictions 5 out of 5 stars.
6 of 6 people found this review helpful.

"Hornbooks" are summaries of a body of law used by angst-ridden law students to amplify and clarify the often arcane materials contained in Casebooks. The law of Contracts is one of the primary building blocks of a first year legal education, along with Property and Torts. Almost every 1L has a small library of these dark green encyclopedic volumes that weigh in by the kilogram.

CALAMARI AND PERILLO ON CONTRACTS is one of the few Hornbooks (along with PROSSER AND KEETON ON TORTS) that is considered an acceptable, though not authoritative, treatise for purposes of legal citation. Of course, cases themselves trump any other source material.

This is a very good, albeit very, very dense discussion of the Law of Contracts, which is one of the most intellectually challenging areas of the law. Most of the great legal theorists were Contracts specialists.

Most of our Common Law is a variation on Contract law---Torts is a violation of the Social Contract resulting in civil injury; Criminal law is a violation of the Social Contract resulting in wrongs punishable by incarceration or other sanctions; Property is all about implied (or express) contractual understandings as to the holding of title and interest; even Civil Procedure and Evidence are forms of Contract, a system of agreed-upon rules for conducting cases.

The sheer density of the material in CALAMARI AND PERILLO ON CONTRACTS makes this book less helpful than it might be to an overwhelmed law student. A typical 1L just doesn't have the time to parse and unpack this mahogany block of a text. There are other books out there that are more quickly and easily accessible, but none that acheives the depth of this particular volume. It is a "must have" for anyone serious in familiarizing themselves with the realm of Contracts.

So many years after the intellectual concentration camp that is First Year Law School, I find that perusing Hornbooks for interesting minutiae can be a rather enjoyable way spend a rainy, quiet afternoon. It's too bad that most law schools make grasping the underpinnings of the U.C.C. feel like root canal without novocaine. Law has a beauty that is often ruined by legal education.

If you plan to carry your Hornbooks around, get yourself a litigation case on wheels; it'll spare you a future of back problems.

Editorial Review:

Expert authors provide a detailed treatment of the basic rules, principles, and issues in contracts. Topics covered include offer and acceptance, parol evidence and interpretation, consideration, informal contracts, promissory estoppel, contracts under seal, capacity of parties, conditions, performance, and breach. Also discusses damages, regulations, third-party beneficiaries, statutes, and frauds. The discharge of contracts and illegal bargains are also discussed.

Legal Aspects of Health Care Administration

George D. Pozgar, Nina Santucci Pozgar

List Price: $50.00 By: Aspen Publishers Amazon Marketplace: 38 new & used starting at $0.27

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Customer Reviews:
Total reviews: 3 Average rating: 4.5 of 5

Great information for those new to health care law. 4 out of 5 stars.
16 of 16 people found this review helpful.

This book was very useful to me. I am a health information management student planning to enter a graduate health administration program. I took the class and this particular book was the text. Our instructor is a lawyer and runs risk management at our university hospital. The text further explained basic legal priciples and related them to health care. The text is easy to read and gives several references to actual documents.

Review of Law in Medicine 5 out of 5 stars.
11 of 12 people found this review helpful.

Pozgar's book is organized by legal topic and cites relevant case law in all instances. It is an excellent overview of American law as it applies to the health care practitioner or organization. He has taken a topic that it difficult to communicate and made it very enjoyable reading. Students will find it much easier reading than most graduate level texts.

Book Review 4 out of 5 stars.
1 of 1 people found this review helpful.

I am using this book in my Maters program. So far it seems easy to understand and use. This is one book that I will keep and be able to use in my office. It is a good all around book for administrators as well as first time supervisors.

Editorial Review:

Demonstrates once again why professional and instructors nationwide rely on George Pozgar to make the study of the legal aspects of health care administration meaningful and memorable.

Beyond the Grave: The Right Way and the Wrong Way of Leaving Money to Your Children (And Others)

Gerald M. Condon, Jeffrey L. Condon

List Price: $23.00 By: Harpercollins Amazon Marketplace: 76 new & used starting at $0.01

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Customer Reviews:
Total reviews: 25 Average rating: 5.0 of 5

Do right by your kids...get this book 5 out of 5 stars.
2 of 2 people found this review helpful.

I have several estate planning books...the "how to" type and they are great. This is the book you need to read before you start filling in the blanks. I wish my parents had read this book. It would have saved my family relationships. This book gives you the basic information you need before drawing up your trust. Protect your beneficiaries and prevent family conflict by reading this book!

Lots of mini-cases; Easy to read 4 out of 5 stars.
2 of 2 people found this review helpful.

Only estate book I've seen written in an easy-to-read, mini-case-study format. Very practical and thought-provoking advice. Tends to focus on little worst-case scenarios in an attempt to get people to plan properly for all the things that can go wrong in an estate.

For what it's worth, I thought the book was generally best-suited for estates with $100,000 to about $2,000,000 in assets. Don't get me wrong, there's something in here for all estate sizes - especially for people just starting the process of developing a plan. However, don't buy this book looking for technical discussions of advanced tax-minimizing strategies. If you or your clients have estates over this $2MM mark, this book can be a great thought-provoker, but some of the advice isn't really suitable for larger estates.

Editorial Review:

For everyone concerned with preventing family conflict over their estates, this is the first book to give precise instructions that ensure that each heir receives an equitable and thoughtful legacy--while the IRS and lawyers get the minimum amount.

Gilbert Law Summaries: Evidence

Jon R. Waltz, Roger C. Park

Amazon Price: $29.95 List Price: $29.95 Usually ships in 24 hours By: Gilberts Law Summaries Amazon Marketplace: 7 new & used starting at $27.00

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Customer Reviews:
Total reviews: 2 Average rating: 5.0 of 5

Nestor Amador - Law student - Puerto Rico 5 out of 5 stars.
3 of 4 people found this review helpful.

Great summary. It's better if you read the FRE before and use the book to make sure you understand everything. No need to make a summary of your own with this book

Great outline! 5 out of 5 stars.
1 of 2 people found this review helpful.

This is a must have if you're using the Waltz and Park textbook. But I recommend it no matter what textbook you have. The outline is very clear, very thorough, and lays out both Cal and Fed rules of evidence.

Editorial Review:

Gilbert Law Summaries are America’s best selling outlines and have set the standard for excellence since they were introduced more than thirty-five years ago. It’s Gilbert’s unique combination of features that makes it the one study aid you’ll turn to for all of your study needs! Walk into class prepared with a comprehensive outline of the law, a concise capsule summary perfect for a quick review before class, charts of every kind, a text correlation chart so that you can match your specific reading assignment to the relevant pages in the Gilbert outline, and an index and table of cases. Ace your final exams with a step-by-step approach to attack your exam, exam tips, and sample multiple choice, true-false, and essay questions.

Contracts

Edward Allan Farnsworth, E. Allan Farnsworth

List Price: $29.50 By: Little Brown and Company Amazon Marketplace: 13 new & used starting at $1.43

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Customer Reviews:
Total reviews: 11 Average rating: 4.5 of 5

Editorial Review:

This eagerly awaited revision of a prestigious student treatise helps professors demystify the intricacies of contract law. Long respected for its clarity and accessibility, Contracts, in its completely updated Fourth Edition, continues to illuminate doctrine and practice.

The textbook builds on its well-known strengths:
Comprehensive coverage of all of the topics that figure prominently in most contracts courses.
Intuitive, insightful approach for first-year law students...
Clear explanations of the rules, illustrated with noteworthy examples. Incorporation of many recent cases into examples.
Clear prose and incisive analysis Reflection of the expertise of the author, who has also written a successful practitioner treatise. Suitability for use alongside any casebook.
The Fourth Edition keeps pace with developments in the field, providing:
Detailed comparisons of the contract rules of 2003, revised Article 2 (2003), with previous Article 2.
Citations to revised Articles 1 and 9.
Citations to dozens of new cases, including those applying CISG (Vienna Sales Convention) and reference to current decisions in such areas as employment agreements, enforceability of arbitration clauses, anti-nuptial contracts, liquidated damages, pre-contractual liability, and electronic contracting.
Citations to new law journal articles and updated citations to other secondary sources.
Learning contract law will be less daunting when the Fourth Edition of E. Allan Farnsworth's Contracts is available for extra assistance.

Gilbert Law Summaries on Civil Procedure (Gilbert Law Summaries)

Richard L. Marcus, Thomas D. Rowe, Jr.

Amazon Price: $28.75 List Price: $28.95 Usually ships in 24 hours By: Gilbert Law Publishing - Thomson West Amazon Marketplace: 17 new & used starting at $20.00

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Customer Reviews:
Total reviews: 1 Average rating: 5.0 of 5

use the gilbert's, not the emanuel's 5 out of 5 stars.
1 of 1 people found this review helpful.

I initially began studying with the Emanuel's, but switched to the Gilbert's because it covered more topics in greater detail than the Emanuel's. In my preparation for the California bar exam, I appreciate the Gilberts' inclusion of specific citations to California law where appropriate.

Editorial Review:

The topics discussed in this law school study outline include territorial (personal) jurisdiction (including venue and forum non conveniens), subject matter jurisdiction (covering diversity jurisdiction, federal question jurisdiction, and supplemental jurisdiction). Explains the Erie doctrine and federal common law, pleadings (including counterclaims, cross-claims, supplemental pleadings), parties (including joinder and class actions). Coverage also includes discovery (including devices, scope, sanctions and discovery conferences), summary judgment, pretrial conference and settlements, trial (including right to jury trial, motions, jury instruction and arguments, and post-verdict motions), appeals, claim preclusion (res judicata) and issue preclusion (collateral estoppel).

Emanuel Law Outlines: Criminal Procedure (Emanuel Law Outlines)

Steven Emanuel

Amazon Price: $30.55 List Price: $33.95 Usually ships in 24 hours By: Aspen Publishers Amazon Marketplace: 21 new & used starting at $24.99

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Customer Reviews:
Total reviews: 1 Average rating: 5.0 of 5

Fantastic outline 5 out of 5 stars.
0 of 2 people found this review helpful.

I love this outline- it hits all the major points and is a very good overview of the law. Only one problem- it needs to be updated- a lot of cases we have studied in class are not included because they are too recent.

Editorial Review:

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:
The number one 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.

The Art of Cross-Examination

Francis L. Wellman

Amazon Price: $8.80 List Price: $11.00 Usually ships in 24 hours By: Touchstone Amazon Marketplace: 50 new & used starting at $2.40

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Customer Reviews:
Total reviews: 26 Average rating: 4.0 of 5

I give it to every one of my new associates 5 out of 5 stars.
4 of 4 people found this review helpful.

As soon as they're hired, each of my new associates always recieves this book as a gift.

The reason for this is twofold. On the one hand this book, dating from more than a century ago, imparts the kindly sensibilities the practice of law once had (and really, should still have).

On the other hand, this book is masterful in its treatment of the process of cross examining witnesses.

Second in significance only to the selection of a jury, the process of cross examination is key to winning jury trials. This is because admissions tendered by the opposing party can eliminate disputed issues or focus attention on credibility problems.

Though Wellman often goes into great detail in explaining his examples, it's been my experience that new attorneys to the field cannot help but benefit from such complete treatments.

In this way, Wellman leads by example both in relation to his gentility and his prowess.

Editorial Review:

1903. With the cross-examinations of important witnesses in some celebrated cases. Wellman, one of the great nineteenth-century trial lawyers, made his reputation in the musty New York courtrooms of the 1880s and 1890s as assistant corporation counsel and assistant district attorney. In this volume he draws upon his own experiences and the brilliant achievements of other noted lawyers to explain and exemplify the principles of questioning. He quotes extensively from many memorable cases, utilizing them to illustrate both the manner and matter of cross-examination. He takes up the handling of the perjured witness and the expert, he underscores the importance of sequence, and he offers many insights into the psychology of the witness; showing that knowing when to elicit information, and when not to, is critical to the artistry of the advocate.

Business Law Today: The Essentials : Text, Summarized Cases, Legal, Ethical, Regulatory and International Environment

Roger LeRoy Miller, Gaylord A. Jentz

List Price: $45.25 By: West Publishing Company Amazon Marketplace: 9 new & used starting at $1.51

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Customer Reviews:
Total reviews: 2 Average rating: 2.5 of 5

A digest of rules too broad for serious instructional use. 3 out of 5 stars.
34 of 35 people found this review helpful.

The 5th Edition of "Business Law Today, The Essentials" is a slightly pared down, paper-bound version of the authors' hard back college text "Business Law Today, - Text and Summarized Cases, Legal, Ethical, Regulatory and International Environment."

SUMMARY. The book fills the bill as a "Readers Digest" reference work on general legal principles. But, it is too broad in its treatment to be a reliable resource for comprehensive instructional purposes.

BASIS. This reviewer is an attorney with over 25 years experience teaching business law. The writer uses the 5th edition of this work, and used the 2d, 3d and 4th editions of the text, as a required instructional resource in accordance with directions from academic administrators.

POSITIVE ASPECTS.

- The 5th edition of "Business Law Today, The Essentials" is well written and very readable. The presentation is visually attractive.

- It includes new material on the up-to-date issues created by e-commerce and cyber law.

- There are excellent chapter summaries highlighting, in outline form, the major topics covered in the chapter.

- There are numerous marginal references to Web sites and sources for additional help and information.

CONCERNS.

- Content appears to have been sacrificed for aesthetic white space & wide margins. This has been a continuing trend. With each "new edition" there has been less and less textual material. Major legal concepts are given a short treatment of only a sentence or two. However, the interesting and provocative discussion questions at the end of the chapters raise issues which, if they have been addressed by the courts, cannot be correctly resolved based on the information in the text. The result is students have a misconception as to how a principle works or how the majority of courts might rule. When missing information is added by the instructor, student reaction is frustration and distrust of the text.

-Whole concepts have been deleted from text between editions.(Although, thankfully, the topic of usury, a major concept in business law which was totally deleted from the 4th edition, is again mentioned in the 5th edition.)

- Case examples too often tend to focus on the more colorful, unusual exception to a controlling legal principle, rather than explaining the rationale for the majority rule or demonstrating how a principle works in daily business situations. The result is often student confusion, since one does not learn a general principle where the only example of the its application is an exceptional situation where the general rule is not apply.

- Support materials and test bank answers to questions are unreliable. While the answers given in the test bank are legally correct, about 10-15% of the time it is reported the correct answer to a test bank question cannot be extracted from the textual explanation on the cited page in "The Essentials" edition of the text.

Editorial Review:

This is a 22-chapter abbreviated version of Business Law Today: Text Summarized Cases Legal Ethical Regulatory and International Environment 4th offers summarized cases. Many features focus on the global political ethical social environmental and cultural context of business law. Two new features emphasize technology and the Internet. Key content changes include the integration of material on lease contracts and Article 2A throughout all sales chapters as well as the revision of negotiable instruments material to reflect law based on Revised Articles 3 and 4.