Training for Preventing and Responding to Sexual Violence in B.C. Post-Secondary Institutions

Short Description:
A workshop and facilitation guide to support B.C. post-secondary institutions to prevent and respond to sexual violence and misconduct. Accountability and Repairing Relationships is a series of four 90-minute workshops for individuals who have been informed that they have caused harm in the context of sexual violence. Designed for one-on-one or small group facilitation, learners are guided through information and reflection activities that help them recognize the harm they have caused, learn how to be accountable, and develop the skills needed to build better relationships and support a safe and healthy campus. (The slide deck that accompanies this resource can be downloaded from the Introduction).

Long Description:
A workshop and facilitation guide to support B.C. post-secondary institutions to prevent and respond to sexual violence and misconduct. Accountability and Repairing Relationships is a series of four 90-minute workshops for individuals who have been informed that they have caused harm in the context of sexual violence. Designed for one-on-one or small group facilitation, learners are guided through information and reflection activities that help them recognize the harm they have caused, learn how to be accountable, and develop the skills needed to build better relationships and support a safe and healthy campus. (The slide deck that accompanies this resource can be downloaded from the Introduction).

Word Count: 22412

ISBN: 978-1-77420-104-6

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Training for Preventing and Responding to Sexual Violence in B.C. Post-Secondary Institutions

Short Description:
A workshop and facilitation guide to support B.C. post-secondary institutions to prevent and respond to sexual violence and misconduct. Active Bystander Intervention is a 90-minute workshop for all members of the campus community: students, faculty, administrators, and staff. This training helps learners acquire the knowledge and skills needed to recognize and intervene in an incident of sexual violence as well as discuss strategies for creating a safer campus community. Uses the 4D’s (Direct, Distract, Delegate, Delay) Active Bystander Intervention Model. (The slide deck that accompanies this resource can be downloaded from the Introduction.)

Long Description:
A workshop and facilitation guide to support B.C. post-secondary institutions to prevent and respond to sexual violence and misconduct. Active Bystander Intervention is a 90-minute workshop for all members of the campus community: students, faculty, administrators, and staff.

This training helps learners acquire the knowledge and skills needed to recognize and intervene in an incident of sexual violence as well as discuss strategies for creating a safer campus community. Uses the 4D’s (Direct, Distract, Delegate, Delay) Active Bystander Intervention Model. (The slide deck that accompanies this resource can be downloaded from the Introduction.)

Word Count: 23063

ISBN: 978-1-77420-106-0

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This textbook provides context and essential concepts across the entire range of legal issues with which
managers and business executives must grapple. The text provides the vocabulary and legal acumen
necessary for businesspeople to talk in an educated way to their customers, employees, suppliers,
government officials—and to their own lawyers.

Mayer, Warner, Siedel and Lieberman's Advanced Business Law and the Legal Environment is an up-to-date textbook with coverage of legal and regulatory issues that are more technical than the topics in the authors' Foundations of Business Law and the Legal Environment.

Written for students and instructors in an advanced legal research course, this book uses the steps of the legal research process to facilitate skills practice, collaboration, and reflection. It proposes a hypothetical as a basis for practicing the research process steps and encourages students and instructors to contribute other hypotheticals. The text also includes sample assignments, demonstration videos, and discussion and reflection questions, with opportunities for students and instructors to contribute additional questions. This text uses an approach that emphasizes student reflection on the development of research skills, with the benefit of repeated and consistent formative feedback.

Most modern law is contained in statutes and administrative regulations, which lawyers tend to confront alongside case law in almost every area of practice. Building on basic concepts of Legislation and Regulation, this course explores theories of the legislative process, judicial power, and agency deference—all in the interpretation and implementation of legislation. We will explore the history of and ongoing controversies about legislation, regulation, and interpretation, including deep debates about textualism and purposive or dynamic interpretation; about the increasingly popular use of canons of construction; and about the constitutional foundations and ends of statutory interpretation. We will take close stock of the nature and trajectory of scholarly debates, paying close attention to the empirical work and data science approaches to ongoing debates in the field. Throughout, we will focus on major statutory interpretation cases at the Supreme Court. Although there is no single subject matter focus of the course, a significant portion of the substantive areas of law we traverse will cover criminal law and anti-discrimination law.

American Contract Law for a Global Age by Franklin G. Snyder and Mark Edwin Burge of Texas A&M University School of Law is a casebook designed primarily for the first-year Contracts course as it is taught in American law schools, but is configured so as to be usable either as a primary text or a supplement in any upper-level U.S. or foreign class that seeks to introduce American contract law to students. As an eLangdell text, it offers maximum flexibility for students to read either in hard copy or electronic format on most electronic devices.

Why “American” Contract Law? Nearly all American contract law texts focus on U.S. law. This volume simply makes that focus explicit. Modern American lawyers face an increasingly global world, and the book makes it clear that American law is not the only important commercial law regime in the world. But much of the value that the cosmopolitan and transnational American-trained lawyer brings to the table is an understanding of the contract law of the United States. To this end, the venerable English cases that exemplify common law doctrine are here presented not in their hoary 19th century settings. but in the 21st century forms that students can intuitively grasp.

This text Provides a detailed analysis of whether the substantive applicable law in investor-state arbitration, national, international, or a combination of both.

This coursebook was created to support a course examining the experience of Asians and Asian Americans at various points in United States history.  Three main areas of focus are immigration in the early 20th century, World War II, and the early 21st century.

This course introduces the framework of the law as it affects a business, including the origins of the American legal system, how the law operates, and how it is enforced. It covers legal regulation of business, including civil and criminal law, formation of contracts, employment law, environmental regulation, real estate, and consumer rights.

Course Outcomes:
1. Explain the origins of the American legal system.
2. Apply elements of law to specific individual and business scenarios.
3. Understand the requirements for a valid contract and apply those requirements to specific contractual activities.
4. Recognize the interconnectedness of the legal system to business, society, and the environment.
5. Explain the impact of the uniform commercial code, UCC, on the business environment.

Keith Tierney updated and enhanced this work in 2018 based on an adaptation of Business Law and the Legal Environment by the Saylor Academy.

This is the third edition of Bankruptcy Law and Practice, a Casebook Designed to Train Lawyers for the Practice of Bankruptcy Law. It is designed for a one-semester course in debtor/creditor law and bankruptcy. The book deals with both creditor remedies and debtor protections, starting with state law collection remedies, exemptions, and the important special protections for secured creditors under both Article 9 of the Uniform Commercial Code and state real property recording acts. After a thorough review of state law debt collection practice, the book covers the basics of straight bankruptcy law with a focus on Chapter 7 of the Bankruptcy Code, both for individuals and businesses. Although the book has a practice focus, it covers the major Supreme Court cases, and important appellate cases with an emphasis on areas of uncertainty. The book also emphasizes the Bankruptcy Code itself, using problem sets to get students to work through the language of the Bankruptcy Code.

At the end of the book are two abbreviated chapters on bankruptcy reorganizations for consumers under Chapter 13 and for businesses under Chapter 11. These chapters are intended to outline the reasons that debtors choose to file for reorganization rather than liquidation, and focuses on the rules for confirming a plan.

The primary goal of the book is to prepare students for the practice of bankruptcy law. Students who understand these materials should be well prepared to anticipate and address the kinds of issues that arise in real bankruptcy cases, whether in a small dollar consumer practice or a big dollar corporate reorganization. Students will learn the language of commercial law and bankruptcy, along with the skills to find their way around the Bankruptcy Code.

This is a true digital book, with links to both the cases and the statutes. The case links jump to the full text in the free Google Scholar website, while the statutory links jump to reprinted statutes in the appendixes of the book. No materials other than the book are needed.

This book is the 7th edition of a basic income tax text. This edition incorporates the Tax Cuts and Jobs Act of 2017. It is intended to be a readable text, suitable for a three-hour course for a class comprised of law students with widely different backgrounds. The text integrates several of the CALI drills that Professor James Edward Maule (Villanova University) prepared.

Short Description:
This is an instructor guide for a seminar course, Business Agreements, which is offered to senior undergraduate business, MBA, and law students at the University of Windsor and combines senior students from both faculties for interdisciplinary study. Course design aims to promote learner engagement in experiential learning. Students engage with course content by analyzing real-world business contracts to produce short written submissions before class thereby preparing students for in-class discussions.This textbook was authored by Werner H. Keller and Nobuko Fujita (University of Windsor) and licensed under an Ontario Commons License (Version 1.0)

Long Description:
This is an instructor guide for a seminar course, Business Agreements, which is offered to senior undergraduate business, MBA, and law students at the University of Windsor and combines senior students from both faculties for interdisciplinary study. Course design aims to promote learner engagement in experiential learning. Students engage with course content by analyzing real-world business contracts to produce short written submissions before class thereby preparing students for in-class discussions.

This instructor guide is intended to support the wider use and reuse of the course content by educators in business, law, and related disciplines. Business agreements are case studies which create memorable, thought-provoking examples to help students develop skills and knowledge of the structure and content of typical business contracts. The instructor’s teaching philosophy focuses on lifelong learning and skill development. Thus, the course is designed to enable learners to meet the needs of a rapidly evolving labour market through experiential learning opportunities for upskilling and reskilling learners’ “literacy” with business agreements.

Word Count: 9564

(Note: This resource's metadata has been created automatically by reformatting and/or combining the information that the author initially provided as part of a bulk import process.)

Short Description:
This is an instructor guide for a seminar course, Business Agreements, which is offered to senior undergraduate business, MBA, and law students at the University of Windsor and combines senior students from both faculties for interdisciplinary study. Course design aims to promote learner engagement in experiential learning. Students engage with course content by analyzing real-world business contracts to produce short written submissions before class thereby preparing students for in-class discussions.This textbook was authored by Werner H. Keller and Nobuko Fujita (University of Windsor) and licensed under an Ontario Commons License (Version 1.0)

Long Description:
This is an instructor guide for a seminar course, Business Agreements, which is offered to senior undergraduate business, MBA, and law students at the University of Windsor and combines senior students from both faculties for interdisciplinary study. Course design aims to promote learner engagement in experiential learning. Students engage with course content by analyzing real-world business contracts to produce short written submissions before class thereby preparing students for in-class discussions.

This instructor guide is intended to support the wider use and reuse of the course content by educators in business, law, and related disciplines. Business agreements are case studies which create memorable, thought-provoking examples to help students develop skills and knowledge of the structure and content of typical business contracts. The instructor’s teaching philosophy focuses on lifelong learning and skill development. Thus, the course is designed to enable learners to meet the needs of a rapidly evolving labour market through experiential learning opportunities for upskilling and reskilling learners’ “literacy” with business agreements.

Word Count: 9476

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Short Description:
This book covers essential business law topics of interest to managers, from the perspective of analyzing, managing, and reducing legal risk associated with business transactions.

Long Description:
This book is an introductory text on business law targeted for use in an undergraduate or graduate business school setting. It covers the major areas of law typically taught in a legal environment for business course. This book covers these principles with a simple premise: law for attorneys focuses on finding legal answers, while law for managers focuses on *risk management*. That is, attorneys are trained to find the right legal answer to a question, or to argue that a certain answer ought to be the right one. Managers face a very different question. A company’s course of action will have certain probabilities of various legal consequences which need to be weighed. In that sense, decisions with legal repercussions are like any decision faced by a manager.

The goal of this text is to (1) teach students enough substantive law that they can assess those probabilities, (2) teach students enough procedural law and terminology that they can communicate intelligibly with attorneys, and (3) give a framework and practice in decisionmaking with regard to legal consequences.

Word Count: 231518

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In this course students will learn how to: Demonstrate an understanding of law, its historical development, judicial process, and the role of law in a complex social system, with emphasis on the American legal system and its institutions; Demonstrate the ability to analyze fact patterns in accordance with the legal professional case analysis method; to apply appropriate vocabulary and substantive legal principles; and then to analyze, compare, and evaluate the logic, reasoning, and arguments of other students, in accordance with established legal principles; Demonstrate the ability to complete a group project with other students, by identifying the applicable legal issues in a case or proposed statute, debating those issues, and producing a live course presentation; Identify and describe the basic principles of major business law subjects, such as constitutional authority to regulate business; common law contracts; the Uniform Commercial Code; agency; business associations; real and personal property and business-related torts; And identify and describe approaches to business ethics, social responsibility, and justice, and, demonstrate the ability, when confronted with an ethical dilemma, to weigh the arguments for alternative courses of action, and logically and persuasively argue for a particular course of conduct.

Hosmanek, Smith, and Dayton

Word Count: 121261

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Business Law, Ethics, and Sustainability is a textbook for undergraduate law courses. It covers business law topics such as contracts, business organizations, employment law, and torts, as well as a general survey of American law. Additional topics include Constitutional law, civil rights, environmental law, criminal law, and litigation.

Business Law I Essentials is a brief introductory textbook designed to meet the scope and sequence requirements of courses on Business Law or the Legal Environment of Business. The concepts are presented in a streamlined manner, and cover the key concepts necessary to establish a strong foundation in the subject. The textbook follows a traditional approach to the study of business law. Each chapter contains learning objectives, explanatory narrative and concepts, references for further reading, and end-of-chapter questions.

Business Law I Essentials may need to be supplemented with additional content, cases, or related materials, and is offered as a foundational resource that focuses on the baseline concepts, issues, and approaches.

Law, in its simplest form, is used to protect one party from another. For instance, laws protect customers from being exploited by companies. Laws protect companies from other companies. Laws even protect citizens and corporations from the government. However, law is neither perfect nor all encompassing. This course will introduce the student to the laws and ethical standards that managers must abide by in the course of conducting business. Laws and ethics almost always shape a company's decision-making process; a bank cannot charge any interest rate it wants to charge that rate must be appropriate. By the end of this course, the student will have a clear understanding of the legal and ethical environment in which businesses operate. Upon successful completion of this course, the student will be able to: Identify sources of law in the United States; Describe the function and role of courts in the US legal system; Differentiate litigation from methods of alternative dispute resolution; List the elements of the major torts; List the essential elements of a valid contract; Describe how a contract can fail; Summarize the remedies available for breach of contract; Distinguish between real and personal property; Identify the various interests in real property and how they pass; Identify the requirements to hold various rights under intellectual property laws; Analyze the impact of the digital era on intellectual property rights; Distinguish between at-will employment and contractual employment; Identify laws that generally regulate the employer-employee relationship; Identify criminal acts related to the business world; Define white collar crime; Describe the various forms of business organization; Identify the major laws regulating business in the United States; Identify major ethical concerns in business today. (Business Administration 205)

This textbook is used for all sections of Business Law 1 (BA 207) and Business Law 2 (BA 208) at Grand Rapids Community College. It provides context and essential concepts across the entire range of legal issues with which managers and business executives must grapple. The text provides the vocabulary and legal acumen necessary for businesspeople to talk in an educated way to their customers, employees, suppliers, government officials—and to their own lawyers.

Supplementary Readings for Business Law and the Legal Environment (Ed. Keith Tierney, rev. 2019).

TV programs such as "Law and Order" show how forensic experts are called upon to give testimony that often determines the outcome of court cases. Engineers are one class of expert who can help display evidence in a new light to solve cases. In this seminar you will be part of the problem-solving process, working through both previously solved and unsolved cases. Each week we will investigate cases, from the facts that make up each side to the potential evidence we can use as engineers to expose culprits. The cases range from disintegrating airplane engines to gas main explosions to Mafia murders. This seminar will be full of discussions about the cases and creative approaches to reaching the solutions. The approach is hands-on so you will have a chance to participate in the process, not simply study it. Some background reading and oral presentation are required.

Short Description:
This text, The Cause and Consequence of Human Trafficking: Human Rights Violations, is intended to convey the importance of understanding how the violation of human rights is a cause and consequence of human trafficking.

Long Description:
This text, The Cause and Consequence of Human Trafficking: Human Rights Violations, is intended to convey the importance of understanding how the violation of human rights is a cause and consequence of human trafficking. In other words, human rights violations are egregious and they compound destitution. They deprive the man, woman and child of their basic humanity. Whenever any dimension of one’s humanity is deprived, it puts the person in a compromised state. Compromised states lead to some degree of impairment, distress or suffering. Impairment, distress or suffering leads to a disequilibrium in a person’s life. In an effort to quiet that compromised state, the individual may unknowingly make decisions that further compromises his or her state of being or result in human trafficking.

Word Count: 63892

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Students first discover what they want from their education, then build a plan to get there. This content takes students through the steps to successfully navigate their journey in higher education. Topics include planning for success, choosing a career path, setting and attaining goals, understanding financial management, developing critical thinking skills, making healthy choices, using effective communication, managing time, developing learning strategies, developing meaningful relationships. Content is available in PDF and Open Document formats and is licensed CC BY. Learning Objectives also are provided. Full course offering available at https://www.cengage.com/c/opennow-college-success-1e-opennow-cengage

Students first discover what they want from their education, then build a plan to get there. This content takes students through the steps to successfully navigate their journey in higher education. Topics include planning for success, choosing a career path, setting and attaining goals, understanding financial management, developing critical thinking skills, making healthy choices, using effective communication, managing time, developing learning strategies, developing meaningful relationships. Content is available in PDF and Open Document formats and is licensed CC BY. Learning Objectives also are provided. Full course offering available at https://www.cengage.com/c/opennow-college-success-1e-opennow-cengage

Students first discover what they want from their education, then build a plan to get there. This content takes students through the steps to successfully navigate their journey in higher education. Topics include planning for success, choosing a career path, setting and attaining goals, understanding financial management, developing critical thinking skills, making healthy choices, using effective communication, managing time, developing learning strategies, developing meaningful relationships. Content is available in PDF and Open Document formats and is licensed CC BY. Learning Objectives also are provided.

Word Count: 2109

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Textbook for POSC and CRJU 474

Word Count: 363016

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Short Description:
Modified cover photo by Allen Allen Flickr CC BY

Word Count: 312129

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Excerpts of Landmark Cases

Short Description:
This volume focuses on the constitutional doctrine and law in the areas of civil rights and liberties. It contains excerpts of landmark cases covering the first amendment, second amendment, fourteenth amendment and the right to privacy. The excerpts include the constitutional issues in these cases that are related to civil rights and liberties with other questions of law and dicta omitted. Data dashboard

Long Description:
This volume focuses on the constitutional doctrine and law in the areas of civil rights and liberties. It contains excerpts of landmark cases covering the first amendment, second amendment, fourteenth amendment and the right to privacy. The excerpts include the constitutional issues in these cases that are related to civil rights and liberties with other questions of law and dicta omitted.

Word Count: 473587

ISBN: 978-1-955101-35-6

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This collection of classic articles in international trade law was selected by Richard H. Steinberg, Professor of Law, Jonathan D. Varat Endowed Chair in Law, Professor of Political Science.
Wherever possible, the casebook links to a free version of the final article on the website of the journal, author, or a reputable university or international organization.If no free version of a final article is available from a reputable website, this casebook links to a version of the final article available from a paid database, plus any freely available preprint or reprint of the article. Most university students should be able to access the paid databases through their schools' libraries. Please check your library's website for information on their VPN or proxy and contact the librarians for assistance if necessary. UCLA law students should visit https://my.law.ucla.edu/vpn.

A Guide for Authors, Adapters & Adopters of Openly Licensed Teaching and Learning Materials

Word Count: 17752

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Short Description:
This book will examine the key principles of communication personnel in law enforcement require. Areas covered include listening skills, communicating tactics, interviewing skills, note-taking, report writing and testifying in court. Also covered is a section on PTSD and its interaction with law enforcement.

Word Count: 66101

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SCWK 399 and CHST 399

Long Description:
This book is used in a cross referenced social work and childhood studies course that The course increases awareness that Early Childhood Education and Care is locally and globally is in crisis and critical for the health and well-being of children and society. The course provides opportunities to learn from international researchers, scholars, and practitioners for the purpose of comparing practices observed in MA. Topics include but are not limited to: Methods for effective advocacy; Critical examination of local policies and practices that may negatively affecting children and the early childhood workforce; Participation in data collection or analysis from the ECEC workforce in MA; and Opportunities to advocate for changes.

Word Count: 5031

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The sixth edition, first published as an ebook, and this seventh edition carry forward the philosophy and structure of the earlier editions. This book is not a comprehensive treatise on the subject of civil procedure, yet it provides a mixture of expository text, cases, and self-testing questions in nearly all of the major areas of the subject.

Training for Preventing and Responding to Sexual Violence in B.C. Post-Secondary Institutions

Short Description:
A workshop and facilitation guide to support B.C. post-secondary institutions to prevent and respond to sexual violence and misconduct. Consent & Sexual Violence is a 90-minute workshop for all members of the campus community: students, faculty, administrators, and staff. This training explores different understandings of consent, including the legal definition. Learners have the opportunity to develop skills related to asking for and giving consent in all relationships as well as discuss strategies for creating a “culture of consent” in campus communities. (The slide deck that accompanies this resource can be downloaded from the Introduction.)

Long Description:
A workshop and facilitation guide to support B.C. post-secondary institutions to prevent and respond to sexual violence and misconduct. Consent & Sexual Violence is a 90 minute workshop for all members of the campus community: students, faculty, administrators, and staff. This training explores different understandings of consent, including the legal definition. Learners have the opportunity to develop skills related to asking for and giving consent in all relationships as well as discuss strategies for creating a “culture of consent” in campus communities. (The slide deck that accompanies this resource can be downloaded from the Introduction).

Word Count: 24282

ISBN: 978-1-77420-102-2

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This open source casebook is a companion to my book, Fidelity & Constraint (Oxford 2019). It covers the course material of federalism, separation of powers, and the Civil War Amendments, organized into a framework for understanding how the Supreme Court has developed these doctrines. That framework is suggestive for domains beyond the scope of this casebook. The casebook can obviously be used independently of the book. Ideally, it would be used against the argument of the book, by adding material that contradicts or weakens the arguments that I have offered there. But the intent was to offer both readers of the book a way to see the source material more easily, and for users of the casebook to have a source to read more deeply. Obviously, there is a great deal of constitutional law not included within the scope of this casebook. Our hope is that others will remix this version, and add sections to cover the missing parts. If that use develops, we will find a way to display the competing versions. Our ultimate hope is to encourage a kind of casebook-authoring-competition, so that the extraordinary talent of law professors across the country could find an easier way to express itself, free of the economic constraints (and opportunities) of traditional publishing.  AcknowledgmentsI am grateful to my friend Jonathan Zittrain for making the extraordinary talent of the Harvard Law Library available to me to complete this work.

These cases and subjects are based on the constitutional course taught by Professor Carolyn Shapiro of Chicago-Kent College of Law.Special thanks to Dean Erwin Chemerinsky for being a part of the editing of this book.

This course examines national separation of powers and federalism as core values and structural elements of the United States Constitution. It analyzes the nature and scope of the powers the U.S. Constitution vests in the three branches of the national government, the interrelationships among those branches, the distribution of powers among local, state, territorial, and federal governments, and the ways in which these structures and relationships impact democratic processes, individual rights and the advancement (or weakening) of core constitutional values, including democratic governance, equal citizenship, individual liberty and the rule of law.

Business and Legal Principles, Second Edition

Short Description:
NewParaIn memory of Stuart H. “Bart” Bartholomew (1925-2013)NewParaThis introduction to construction contracting as it applies to typical, every-day situations explains “theoretical” ideas in terms of what really happens in practice. It emphasizes the more common case law holdings and industry customs that help avoid troublesome legal issues during the completion of a project.NewParaInstructors reviewing or adopting this book are encouraged to register at https://bit.ly/interest_construction_contractingNewParaA PDF version of this text is available at https://doi.org/10.21061/constructioncontracting2e

Word Count: 134155

ISBN: 978-1-957213-26-2

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About Construction Contracting: Business and Legal Principles, 2nd edition by Stuart H. Bartholomew: Exceptionally practical and authoritative, this introduction to construction contracting as it applies to typical, every-day situations explains “theoretical” ideas in terms of what really happens in practice. It emphasizes the more common case law holdings and industry customs that help avoid troublesome legal issues during the completion of a project. - Provided by previous publisher.

Have you adopted this book for a course? We'd love to know. Please complete the adoption form at: https://bit.ly/construction_contracting

Find me free online in PDF at
https://doi.org/10.21061/constructioncontracting2e

Find me free online in Pressbooks at
https://pressbooks.lib.vt.edu/constructioncontracting

Table of Contents
1. Interface of the Law with the Construction Industry
2. Contract Formation, Privity of Contract, and Other Contract Relationships
3. The Prime Contract - An Overview
4. Prime Contract - Format and Major Components
5. Owner-Construction Contractor Prime Contract "Red Flag" Clauses
6. Labor Agreements
7. Purchase Order and Subcontract Agreements
8. Insurance Contracts
9. Surety Bonds
10. Joint-Venture Agreements
11. Bid and Proposals
12. Mistakes in Bids
13. Breach of Contract
14. Contract Changes
15. Differing Site Conditions
16. Delays, Suspensions, and Terminations
17. Liquidated Damages, Force Majeure, and Time Extensions
18. Allocating Responsibility for Delays
19. Constructive Acceleration
20. Common Rules of Contract Interpretation
21. Documentation and Records
22. Construction Contract Claims
23. Dispute Resolution

Published in 2002 as ISBN 1-13-091055-4 | Rights reverted to estate 2022 | Published by the Open Education Initiative of the University Libraries at Virginia Tech 2022 as ISBN 978-1-957213-20-0 under CC BY NC SA 4.0.

(c) Estate of Stuart H. Bartholomew. Released with permission by the University Libraries at Virginia Tech under Creative Commons Attribution NonCommercial- ShareAlike (CC BY NC-SA) 4.0 License. https://creativecommons.org/licenses/by-nc-sa/4.0/legalcode This material was previously published by Pearson Education, Inc.

Any derivatives of this work must comply with the requirements of the Creative Commons license and include the following statement, “This material was previously published by Pearson Education, Inc.”

Accessibility Statement: The Open Education Initiative at the University Libraries at Virginia Tech is committed to making its publications accessible in accordance with the Americans with Disabilities Act of 1990. The PDF and online versions of this book utilizes header structures and alternative text which allow for machine readability and navigation.

Note to users: This work may contain components (e.g., illustrations, or quotations) not covered by the license. Every effort has been made to identify these components but ultimately it is your responsibility to independently evaluate the copyright status of any work or component part of a work you use, in light of your intended use.

A Guide for Navigating Safely in the Modern World

Word Count: 20232

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This is Volume 1 in a three volume series written for Contracts Law. The first semester of law school is mostly about learning to speak a new legal language (but emphatically not ŇlegaleseÓ), to formulate and evaluate legal arguments, to become comfortable with the distinctive style of legal analysis. We could teach these skills using almost any legal topic. But we begin the first-year curriculum with subjects that pervade the entire field of law. Contract principles have a long history and they form a significant part of the way that lawyers think about many legal problems. As you will discover when you study insurance law, employment law, family law, and dozens of other practice areas, your knowledge of contract doctrine and theory will be invaluable.

This is Volume 2 in a three volume series written for Contracts Law. The first semester of law school is mostly about learning to speak a new legal language (but emphatically not "legalese"), to formulate and evaluate legal arguments, to become comfortable with the distinctive style of legal analysis. We could teach these skills using almost any legal topic. But we begin the first-year curriculum with subjects that pervade the entire field of law. Contract principles have a long history and they form a significant part of the way that lawyers think about many legal problems. As you will discover when you study insurance law, employment law, family law, and dozens of other practice areas, your knowledge of contract doctrine and theory will be invaluable.

This is Volume 3 in a three volume series written for Contracts Law. Its former title is "Collaborative Teaching Materials for Contracts."

The first semester of law school is mostly about learning to speak a new legal language (but emphatically not “legalese”), to formulate and evaluate legal arguments, to become comfortable with the distinctive style of legal analysis. We could teach these skills using almost any legal topic. But we begin the first-year curriculum with subjects that pervade the entire field of law. Contract principles have a long history and they form a significant part of the way that lawyers think about many legal problems. As you will discover when you study insurance law, employment law, family law, and dozens of other practice areas, your knowledge of contract doctrine and theory will be invaluable.

Contracts are an important type of "private" law.  Many contracts arise due to gains from trade owing to differences in (i) resources, (ii) valuation, (iii) expectations, (iv) risk-bearing abilities, and (v) production abilities (from economies of scale, special skills, and specialization and division of labor), and complementarities among those abilities. Other contracts respond to issues, restrictions, obligations or entitlements arising from other laws, such as licenses, disclaimers, settlements, formal requirements, and non-disclosure agreements. Lawyers play crucial roles in crafting contracts and structuring complex projects, linking "suites" of contracts to coordinate multiple parties over time, against background regulation and contract law. Courts and legislatures interact to produce and redirect common law of contract and specialized rules and standards for subtypes of contracts, which evolve over time and vary across jurisdictions and contract settings.  To do so, they pursue three general goals simultaneously:  (1) enhancing welfare of contract parties (or classes of parties), (2) respecting morality (particularly aspects of individual autonomy, but also limits of autonomy), and (3) minimizing costs of administration.  Remedies are central, as well as limits on remedies, with courts inevitably developing and applying public policies due to the common need to find, construct and remedy breaches of contracts.

Contracting often facilitates happiness. It enables us to do things we would otherwise be unable to do and thus to live more fully, richly, enjoyably. We enter into contracts constantly, often with little consciousness about legal consequences. Typically we become self-conscious only when a problem arises. Our course will mainly be about problems arising from contracting. It is largely an exploration of contract pathology. Before we turn to problems, however, I want to emphasize ways in which contracting is satisfying.

This course is for educators and learners who wants to understand how copyright affects use of learning materials, and how to use copyright to facilitate education. The course is focused on developing practical solutions. The reading won't always give these to you, its up to you to devise practical solutions based on the reading.

Copyright Law: Cases and Materials is a free copyright law textbook designed for a four-credit copyright course, which is what we teach at NYU School of Law. Model syllabi for four-credit and three-credit courses are available in the Faculty Resources section of this website. All faculty teaching copyright law are welcome to access the Faculty Resources, including the faculty discussion forum, by becoming a registered user of the site. To register, write us at jeanne.fromer@nyu.edu or christopher.sprigman@nyu.edu.

The textbook is made available under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License. Under the terms of this license, you are free to copy and redistribute the textbook in part or whole in any format provided that (1) you do so only for non-commercial purposes, and (2) you comply with the attribution principles of the license (credit the authors, and link to the license). Note please that this license does not permit you to make modifications to the textbook or to create derivative works. That said, there are a wide variety of derivatives that we would gladly permit. If you want to make modifications to the textbook, please contact us.

This is a full length monograph aimed at helping libraries, archives, and museums navigate copyright law involving digitization. In the course of the book, though, the authors helpfully unpack many areas of copyright law including Section 108 of the Copyright Act, Fair Use, Licensing, and Risk Management. It is a great primer on copyright law and includes many helpful key points, flowcharts and timelines.

This is a full length textbook explaining copyright for librarians. It has a particularly helpful chapter explaining international treaties and the Berne three-step test. The chapter on "creative approaches and alternatives" has a helpful introduction to the Creative Commons as well as Open Access.

It also has helpful case study examples to demonstrate the concepts in an applied manner which really will help students to better understand the content of the textbook.

We wrote this book as the basis for a first course in corporate law. We provide extensive introductions and explanations to situate the cases and other materials.We strongly encourage you to read the cases from two related but quite different perspectives. The first is the usual, legal perspective. Almost all the cases in this book are seminal cases familiar to all corporate law practitioners. They “lay down the law.” You can read them for what the law is, for what it could have been, and for how judges chose between the various paths open to them.The second perspective is less obvious but ultimately even more important. The facts of the cases demonstrate how corporate actors use the building blocks of the corporate form to achieve various goals—they illustrate corporate law’s transactional nature. There are infinite permutations of the various building blocks, so we can’t show all. But we have endeavored to include a good selection of standard transactional scenarios—buy-and sell-side M&A, share reclassifications (Zuckerberg), executive compensation (Disney), dividends (Sinclair), jostling for control of the board (Blasius and others), control conflicts in private corporations (Coster; eBay), etc.—and  moves (voting, written consent, unilateral board action, enlarging the board, issuing new stock, merger, asset sale, etc.). Most court opinions evaluate these maneuvers or some small part of them under equitable principles. But you should also pay attention to the maneuvers themselves. They are what most corporate lawyers do in practice and most maneuvers do not end up in court. This is a fundamental difference from other areas of law where lawyers mostly get involved at the back end, so to speak.A separate reason to pay great attention to the facts is that much of corporate law consists of broad standards that take on real meaning only in their application. Understanding the law often requires reading the full facts. The judges clearly considered these factual details important, even on appeal, and so should you!With one exception, all cases in these materials are Delaware or federal cases. Delaware law is the dominant corporate law of the United States. In the U.S., each state has its own corporate law, and the applicable law is the law of the state of incorporation. Corporations are free to incorporate where they want, in return for paying incorporation tax (“franchise tax”) in that jurisdiction. Delaware has attracted more than half of all public corporations and many private corporations in the U.S. (Delaware derives a third of its state revenue from the franchise tax!) Furthermore, Delaware is also the model followed by many other states. As a result, we see no point in teaching you other states’ law. We occasionally use other countries’ laws to expose you to alternative arrangements; the variance between countries is much larger than between U.S. states.For similar reasons, we teach only corporations proper. We do not cover partnerships, limited liability companies (LLCs), or the many other entity forms now available. These other forms are undoubtedly important in practice. But an introductory course cannot teach the nuanced differences between these forms, many of which lie in tax law. We only give you a brief warning about accidental partnerships in the first class. However, there are substantial commonalities between the various entity forms. If you understand corporate law and the underlying business problems, you will easily learn the other forms when the need arises.GlossaryBylaws = a corporation’s secondary governing document (cf. DGCL 109(b)). The charter can provide, and usually does provide, that the board can amend the bylaws without shareholder consent (DGCL 109(a); contrast the charter itself, which can only be amended by board and shareholders jointly, DGCL 242(b)).Certificate of Incorporation = a corporation’s founding and primary governing document (cf. DGCL 102).Charter = certificate of incorporation.Common stock / share: see share.Debt holders = creditors.DGCL = Delaware General Corporation Law, i.e., the basic Delaware statute. As a guide to this important statute, you might want to consult simplifiedcodes.com.Dividends = an official distribution of cash or other assets to all shareholders of one class. Even though dividends are generally the only way shareholders as a group get a return on their investment (individual shareholders can also sell their shares, but that only puts the buyer of the shares into the seller's shoes), dividends are in the board's discretion (DGCL 170(a)).Equity; equity capital = the excess of assets over liabilities, if any (or equivalently, non-debt financing).Equity holders = shareholders. The term derives from the fact that roughly speaking, equity is available for distribution to shareholders.Limited liability = no liability (of shareholders). The expression “limited” comes from the observation that shareholders stand to lose whatever they put into the corporation, as this is available to satisfy the corporations' creditors' claims. However, shareholders have no liability beyond that, absent pathological circumstances.Merger = the fusion of two corporations into one (cf. DGCL 251).Preferred stock / share = stock with special rights (“preferences”), generally with respect to dividends. A standard term is that preferred shares are entitled to a certain dividend per year, payable if and when a dividend will be paid to common stockholders. In return, preferred shares often do not carry voting rights.Public corporation = a corporation whose stock is publicly traded, usually on a regulated stock exchange such as the New York Stock Exchange.Share = an interest in the corporation with rights that are defined by the corporation’s charter. Unlike debt, shares do not provide a right to fixed payouts. Rather, the board decides if and when shareholders will receive so-called dividends. The default rule is that each share provides one vote (cf. DGCL 212) and equal dividend rights; such shares are called “common shares” or “common stock.”Stock = a synonym or collective term for shares (as in “twenty shares of the corporation’s stock”).

Introduction to the Third Edition.We will keep this brief--the Second Edition has most of the information we'd like to convey about the benefits of using open-source materials. Instructors--please let us know via email if you have any feedback for us, including--most importantly--your own modifications to the materials. Open source is a two-way street! We are happy to provide teaching materials, if there is interest in them. Most of the changes in this edition are in the notes section, although we have added some materials from the first edition that were deleted in the second. As always, feel free to modify, clone, distribute, etc., as you wish.Introduction to the Second Edition.To instructors: Thank you for your interest in this casebook. Please know that you are welcome (even encouraged) to use all of the casebook or just bits and pieces, whatever suits you. You can use the H20 platform to clone the casebook and modify it to your liking. Note that a small number of our links are to items in the private domain (e.g. the Model Penal Code). Our casebook prompts users to sign in via their Santa Clara University account. You may want to replace these prompts with links that will work for your students. Please feel free to contact us with questions, comments, or suggestions for additions.To Students: We developed these materials working closely with our own students, and we believe you will find them every bit as engaging, and a good deal more current, than those you would find in a conventional casebook. We are glad that you do not have to spend 200 dollars plus on a casebook that, by and large, relies on public-domain cases. In our view, the for-profit law school casebook industry amounts to commercial exploitation of students: The cost of casebooks is one of many social and economic justice issues that, inter alia, contributes to a lack of diversity in the legal profession. It is an easy problem to fix. If your other classes have expensive casebooks, you might invite your professors to examine our casebook, and to reach out to us for advice on how to make the change to open-source materials.To Everyone: We believe there's something important about a casebook that is collaborative and open. It is a reminder that the law is a community project; one that is iterative and ongoing, one that must speak across difference. This belief is reflected in our substantive choices. For instance, our study of criminal law includes materials about prison abolition, it features notes that help students "talk back" to cases, and uses cases that offer greater representation than that found in most conventional casebooks. It also embraces the notion that there is no one definitive casebook--no "canon" of criminal law. Casebooks arose at a time when concerns about inclusivity and diversity were largely absent from the academy--not because the world was different, but because the academy was different. We hope that this project helps, in some small way, to contribute to unraveling (or at least questioning) the wisdom of the status quo.Many thanks to our excellent Summer 2021 research assistants, who helped us improve the casebook dramatically: Ryba Bhullar, Tessa Duxbury, Olivia Salguero, and Swathi Sreerangarajan.W. David Ball and Michelle Oberman, Santa Clara, CA, August 2021Introduction to the First EditionThis casebook is the result of a collaboration with a team of 11 law students, who worked with us over the course of the pandemic summer of 2020. Our project aimed to redress some of the shortcomings of conventional casebook approaches to criminal law. Too often, casebooks surface issues of mental health, sex, gender, race and sexual orientation without meaningful context to situate how these issues have been treated by the criminal legal system, how they reflect social norms, how they have changed over time, etc.). Too seldom do casebooks invite a meaningful discussion of the role of race in the criminal legal system. Instead, most are marked by a failure to acknowledge, let alone grapple with ongoing discussions of alternatives to policing, alternatives to criminalization, and critical thinking about why we deal with social problems via the criminal legal system (But see Cynthia Lee and Angela Harris’ excellent Criminal Law text for an exception). Our aim in compiling these materials was not to sanitize criminal law; it is by definition a gritty, challenging subject. Instead, we sought to be thoughtful about when and how we expose students to difficult material, aiming to give them the context and the analytical tools needed to process it. This casebook is the result of a team effort to reconsider and reframe the criminal law cannon (so many casebooks use the same cases, after all).Our working model has been central to our work, rendering this casebook less a “product” than the current version of a collective, collaborative, work-in-progress. “Our” casebook is yours—clone it, revise it, make it truly your own. And let us know how you’ve improved on our work. It is not just law as code, to quote one of our former professors Larry Lessig—it is “casebook as coding project.” The beauty of the open casebook system is that we will continue to edit and revise the materials as we use them this semester. If you would like more information about the casebook or the project, please contact David Ball or Michelle Oberman. One final note: We developed a second casebook, Current Challenges in Criminal Law, which we suggest using as a companion to this casebook. (Although it can be used independently, of course). It features links to audio and video content, keyed to the topics in the criminal law casebook. For example, a collection of podcasts on addiction (as volitional choice, as crime, as public health challenge) accompanies this book’s Actus Reus materials. There are numerous entries on alternatives to incarceration, including excerpts like Chenjerai Kumanyika's amazing interview with Ruth Wilson Gilmore. We pair our weekly classes with small-group discussions based on the supplemental material. These sessions require students to reflect on the points of intersection linking the material covered in our casebook and the chosen issue or problem, as well as to consider the law's role in relation to the issue.*We are deeply indebted to the following individuals, among others, whose work helped constitute the foundation upon which we've built: Joshua Dressler; Stephen Garvey; Cynthia Lee; Angela Harris; Jeannie Suk; Tim Wu; Amna Akbar, Alice Ristroph, Paul Butler, Allegra McLeod, Jocelyn Simonson. Thanks to Karen Tani for telling us about the Open Casebook platform! Thanks to our associate dean and colleague Mike Flynn, who found time for our work amidst the chaos of leading our school through the pandemic chaos. And thanks to our students and co-authors, who are the driving force behind this project: Cydney Chilimidos; Miriam Contreras; Jenai Howard; Christina Iriart; Angela Madrigal; Leah Mesfin; Zachary Nemirovsky; Nicholas Newman; Nathanial Perez; Michael Pons; and Phillip Yin.