Plain-spoken and convivial, this casebook makes a deliberate effort to explain the law, rather than to provide a mere compilation of readings and questions. Simple concepts are presented simply. Complex concepts are broken down and accompanied by examples and problems.

By being clear and straightforward, the casebook aims to quickly get students to the point where they can navigate regions of gray and build nuanced arguments. The book is written from the conviction that when students stop to puzzle over something, it should be because the law itself puzzles, not because the book obfuscates.

Students describe the book as easy to read. A key aim is context, with explanations of how pieces of doctrine fit into the bigger picture. There is also a continual effort to plug doctrine into the real world of practice, getting students to think about litigation strategy and tactics.

Another key feature is a high-degree of organization. Doctrine is explained upfront, independent of and before the cases. After the cases, there is no notes-and-questions mishmash. Historical notes, check-your-understanding questions, questions to ponder, and problems are all separately labeled as such.

The readings are rich with variety. The classic cases are here, of course. But there are also atypical readings that allow students to see tort law from different perspectives, including an opening statement, a closing argument, administrative-enforcement letters, an excerpt from a novel, and an opinion on tribal law from a Navajo court. Many selections are also startlingly modern, with facts involving texting-and-driving, alcoholic energy drinks, Facebook libel, suddenly accelerating Toyotas, and the misery of a six-hour tarmac delay.

Plain-spoken and convivial, this casebook makes a deliberate effort to explain the law, rather than to provide a mere compilation of readings and questions. Simple concepts are presented simply. Complex concepts are broken down and accompanied by examples and problems.

By being clear and straightforward, the casebook aims to quickly get students to the point where they can navigate regions of gray and build nuanced arguments. The book is written from the conviction that when students stop to puzzle over something, it should be because the law itself puzzles, not because the book obfuscates.

Students describe the book as easy to read. A key aim is context, with explanations of how pieces of doctrine fit into the bigger picture. There is also a continual effort to plug doctrine into the real world of practice, getting students to think about litigation strategy and tactics.

Another key feature is a high-degree of organization. Doctrine is explained upfront, independent of and before the cases. After the cases, there is no notes-and-questions mishmash. Historical notes, check-your-understanding questions, questions to ponder, and problems are all separately labeled as such.

The readings are rich with variety. The classic cases are here, of course. But there are also atypical readings that allow students to see tort law from different perspectives, including an opening statement, a closing argument, administrative-enforcement letters, an excerpt from a novel, and an opinion on tribal law from a Navajo court. Many selections are also startlingly modern, with facts involving texting-and-driving, alcoholic energy drinks, Facebook libel, suddenly accelerating Toyotas, and the misery of a six-hour tarmac delay.

Please note that the publisher requires you to login to access and download the textbooks.

Torts and Regulation: Cases, Principles, and Institutions (TRCPI) is designed to bring together common law principles in the field of torts with related statutory and regulatory materials. The aim is to provide a text that introduces students to key tort principles and the way in which those tort principles have in part shaped the regulatory state and in part been supplanted by the regulatory state.

This casebook increases the role of statutes and regulations in the material. In addition, it offers a major innovation by leading the students into the ways in which basic tort doctrine animate fields of statutory law. In particular, the book adopts a series of “modules” that follow the adoption and adaptation of tort principles in the law of employment discrimination.

The book borrows substantially from a torts casebook co-authored by the author and Karen Tani of the University of California at Berkeley. That book, Torts: Cases, Principles, and Institutions (4th ed., 2019), supplies much of the basic tort material that follows here in TRCPI.

Trademark Law: An Open-Source Casebook is a free, “open” textbook designed for a four-credit trademark course, which is what I 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.

Trademark Law: An Open-Source Casebook is a free, “open” textbook designed for a four-credit trademark course, which is what I 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.

This is a free casebook (version 2.0, released August 2022) designed for use in a three-credit trademark course (it also includes one chapter each on false advertising and the right of publicity).

These materials are available under a Creative Commons Attribution 4.0 International (CC BY 4.0) license.

Videos covering many of the subjects in the text may be found here: https://www.youtube.com/@michael_grynberg

This course focuses on the legal mechanisms to protect distinctive logos, slogans and other visual marks associated with products from unauthorized use by other parties. This is an introductory level course and no prior knowledge of intellectual property law or law in general is required.

The course opens with a discussion of what trademarks are and distinguishes them from other forms of intellectual property. We’ll also look at what constitutes a trademark and related phenomena such as service marks, trade names and trade dress. We will also look at the symbols that may be and typically are used to indicate claimed trademarks.

Module two focuses on securing trademark protection and looks at the federal agencies that enforce trademark law and the mechanisms by which one can register trademarks, and the costs associated with doing so. We will look at the various steps involved in registering a trademark and the steps that can be taken to appeal denials by the USPTO. Finally, we will look at the limited roles of state law and common law in trademark protection.

Module three focuses on the important “distinctiveness” requirement for trademark protection. We will look at the differences among descriptive, suggestive, arbitrary and fanciful marks. The module also covers cases that illustrate the nuances of the series of rules and how distinctiveness can be acquired or lost depending on how the marks are used in the context in which they are used.

Module four covers trademark enforcement. We will start with trademark searches, including how goods or services owners can determine whether phrases and marks are trademarked and the extent to which they can trademark their own. We’ll go through the various available databases and discuss steps that are important to maintain a trademark’s effectiveness. We will also cover transfers of trademark rights.

The final module looks at infringement. We will discuss various types of trademark dilution and then look at the important defense of fair use. Finally, the course ends with a discussion of the various remedies that are available once trademark infringement has been established.

Upon completion of this course, the viewer will be able to apply the basics of trademark law and will, hopefully, be encouraged to take advantage of our other courses in the intellectual property field.

In which Stan Muller teaches you about our third branch of Intellectual Property, trademarks. A lot of people confuse trademark and copyright. Trademarks apply to things like company and product names and logos, packaging designs, and commercial designs. Basically, copyright protects ideas, but trademarks protect the things that help consumers tell companies apart. This ensures that consumers know the source of the goods they're buying. Without trademarks, it would be really difficult to buy the same product twice, and very easy for unscrupulous companies to pass off fakes and knock-offs of the products you want. I'm telling you, you like trademarks.

Line B: Employability Skills

Short Description:
As you enter the workforce, it is important to understand the major trends in employment and how to find this information. In this competency, we’ll look some of the current major trends in employment in Canada and British Columbia. This review includes an overview of the economy, skills that employers look for, employee expectations, and effective strategies for entering the labour market and finding a job.

Word Count: 30571

ISBN: 978-1-77420-158-9

(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.)

Transactional Drafting: Introduction to Contract Drafting and Transactional Practice contains a condensed presentation of all of the topics typically covered in an upper-level law school class on contract drafting. The book covers drafting from scratch including writing in plain English (not using legalese), avoiding ambiguity, and drafting covenants, rights and prohibitions consistently (using "will" or "shall" for covenants, "may" for rights, and "will not" or "shall not" for prohibitions). And it covers contract organization, from the title and the exordium to the core covenant, deal provisions and "boilerplate," to the testimonium and the signature blocks. The book also includes material on getting up to speed before you start drafting and brainstorming for contingencies after you have finished. In addition to drafting from scratch the book introduces students to the wide range of skills involved in transactional practice. There are chapters on revising form documents, both when you are the original drafter and when you represent the other side. Also, the book includes chapters on negotiating contract language, handling a closing (i.e., verifying authority and getting the documents signed), dealing with ethical issues that arise in contract drafting and execution, drafting a contract amendment, and using computers to draft contracts. Transactional Drafting includes everything students need to know to “hit the ground running” as a transactional attorney.

The chapters of the book are as follows:

1.Getting up to Speed (familiarizing yourself with the client's business and interviewing the client to flush out all the terms of the deal)

2.Drafting Covenants, Rights, Prohibitions and Descriptions (using "will" or "shall" and "may")

3.Avoiding Potentially Ambiguous Words and Phrases (time periods, numbers, misplaced modifiers, indefinite pronoun references)

4.Organizing a Contract’s Beginning Sections (title, exordium, background, definitions, reps and warranties)

5.Drafting the Core Covenant and Organizing Deal Provisions (core covenant, duration, additional provisions)

6.Organizing a Contract’s Ending Sections (termination, cancellation, boilerplate, testimonium, signature blocks)

7.Brainstorming for Future Contingencies (additional provisions to better protect the client, indemnity, insurance, waivers, liability limits)

8.Drafting with Precedent Documents (sources, evaluating samples, revising language)

9. Tailoring Precedent Documents for a Deal (making revisions consistent, determining the effect on other provisions)

10.Revising the Other Side’s Completed Documents (qualifying language, limiting scope, inserting conditions)

11.Negotiating Contract Provisions (preparation, advancing the client's interests without killing the deal)

12.Ethical Issues in Contract Drafting (revisions to signed documents, unenforceable provisions, notarization after the fact)

13.Getting the Contract Signed (closing the deal)

14.Drafting with Document Assembly Programs and Closing with Online Resources (using artificial intelligence for contract drafting)

15.Drafting a Contract Amendment (sample form for amendments)

In addition, the appendix to the book has numerous examples of contract provisions, checklists, exercises and sample documents as well as an introduction to the documents typically used for a commercial real estate loan (promissory note, guaranty, loan agreement, mortgage, and security agreement).

This resource provides access to the materials related to the Transition Age Youth and ILP Youth Symposium hosted in February 2017 by the Northern California Training Academy, The symposium examined outcome data of youth in care impacted by extended foster care in California, reviewed and clarified policy updates, and explored some of the unexpected consequences of extended foster care legislation. In addition, the symposium offered counties an opportunity to share and learn from one another's strategies and programs they have developed to serve youth in care.

Short Description:
This guide is a resource for supporting post-secondary institutions, namely representatives from career services, co-operative education, and disability support offices. The guide is designed to help those supporting post-secondary students with disabilities as they transition to the workforce.

Word Count: 13965

ISBN: 978-1-988692-51-7

(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.)

This OER provides a substantial set of readings on transportation law and policy, suitable for use in a variety of disciplines and educational settings, including law, economics, urban planning, history, engineering, sociology, and more.

The shooting death in Sanford, Florida, of unarmed teenager Trayvon Martin at the hands of 28-year-old George Zimmerman in February 2012 has touched off debate on many issues, including the role of race in both the shooting and the subsequent investigation by the Sanford Police department.

This exercise consists of two student readings. The first reading examines the debate surrounding Florida's "Stand Your Ground" law. What is the "Stand Your Ground" law? What do supporters and critics have to say about it? What effect has it had? The second reading takes a wider look at the gun control debate. Should stronger gun control laws be passed? Questions for student discussion follow each reading.

A Treatise of Wyoming Workers’ Compensation Law seeks both to introduce Wyoming workers’ compensation students to the law of their own jurisdiction, and to provide a continuing resource to those same students as they embark on workers’ compensation legal practice after graduation. In this way, the text fills a gap in the literature by serving as a concrete exemplar of what it means to assist students in becoming “practice-ready” as soon as possible after graduating from law school. In short, practice ready lawyers must have some exposure to the law of their own jurisdictions. Furthermore, Wyoming Workers’ Compensation Law is meant to be a resource to all practicing lawyers in the state of Wyoming. This objective is intimately connected with the mission of the University of Wyoming as a Land Grant Institution broadly striving to serve the needs (including legal needs) of Wyoming citizens.

Substantively, the treatise canvasses the traditional areas of workers’ compensation law: employee/employer definitions, causal connection to work, evaluation of the extent of disability, types of benefits, and a brief discussion of the Wyoming administrative structure. In several places the treatise first introduces a substantive area of law generally, for example “causal connection,” and then focuses on how Wyoming law analyzes the area of law. In discussing some substantive areas of workers’ compensation law, the treatise underscores especially unique Wyoming idiosyncrasies. Not content to merely “restate” the law, the treatise in certain areas subjects the law to academic criticism and suggests legal reform in order to stimulate broader discussion of the legal doctrine.

Short Description:
A three-part training guide for bringing higher education instructors up to speed with Open Educational Resources (OER). This book was developed to serve as a standalone guide for independent creators and to support OER training through face-to-face, online, and hybrid delivery modes.

Word Count: 7460

(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.)

An interactive reference work on the UN Sustainable Development Goals with short introductions to the goals, the official translations and numbering of the 17 goals and the 169 underlying targets, zoom in / zoom out at goal or target level, powerful search function, and "deep" hyperlinks to the UN website about the goals.Compact and online available interactive reference work that can be useful in all kinds of learning activities related to the SDGs.Currently available in English, Spanish, French and Dutch.Free to use online, but also to download and "embed" in other websites (HTML5); the source code is also freely available (MMAP).

An interactive reference work on the UN Sustainable Development Goals with short introductions to the goals, the official translations and numbering of the 17 goals and the 169 underlying targets, zoom in / zoom out at goal or target level, powerful search function, and "deep" hyperlinks to the UN website about the goals.Compact and online available interactive reference work that can be useful in all kinds of learning activities related to the SDGs.Currently available in English, Spanish, French and Dutch.Free to use online, but also to download and "embed" in other websites (HTML5); the source code is also freely available (MMAP).

This United States Civil Procedure casebook has been written for Chinese and other foreign students who are unlikely to practice in the United States. The goal of the book is to set the U.S. procedural system in a polycentric, legally pluralistic context that helps non-US students understand how hard and soft law from multiple sources, including but not limited to the US, can impact their clients. It explores exceptional and not so exceptional aspects of the US system, using frequent references to cases involving international - especially Chinese - litigants to illustrate core elements of the US process.

This textbook is not intended to be an exhaustive treatise; rather, it is intended to be far more useful than that for beginning tax law students by equipping the novice not merely with unmoored detail but rather with a rich blueprint that illuminates the deeper structural framework on which that detail hangs (sometimes crookedly). Chapter 1 outlines the conceptual meaning of the term “income” for uniquely tax purposes (as opposed to financial accounting or trust law purposes, for example) and examines the Internal Revenue Code provisions that translate this larger conceptual construct into positive law. Chapter 2 explores various forms of consumption taxation because the modern Internal Revenue Code is best perceived as a hybrid income-consumption tax that also contains many provisions—for wise or unwise nontax policy reasons—that are inconsistent with both forms of taxation. Chapter 3 then provides students with the story of how we got to where we are today, important context about the distribution of the tax burden, the budget, and economic trends, as well as material on ethical debates, economic theories, and politics as they affect taxation.

Armed with this larger blueprint, students are then in a much better position to see how the myriad pieces that follow throughout the remaining 19 chapters fit into this bigger picture, whether comfortably or uncomfortably. For example, they are in a better position to appreciate how applying the income tax rules for debt to a debt-financed investment afforded more favorable consumption tax treatment creates tax arbitrage problems. Congress and the courts then must combat these tax shelter opportunities (sometimes ineffectively) with both statutory and common law weapons. Stated another way, students are in a better position to appreciate how the tax system can sometimes be used to generate (or combat) unfair and economically inefficient rent-seeking behavior.