This book, revised as the Third Edition July 2019, is designed to teach contract doctrine beginning with the most fundamental concepts and building on these until the structure of contract doctrine as coherent and cohesive regulation appears. The order of presentation is, in fact, the order in which contract doctrine developed historically, but it is also, in general, the order in which arguments are introduced in litigation.

The book begins with the most basic, core concept of contract law—exchange. The book teaches exchange using simple cases drawn from the actual development of the exchange concept’s most obvious manifestation—the doctrine of consideration. These cases have basic but engaging facts. They do not take long to read, but they must be read carefully. They make an excellent introduction to law study.

Logically, every doctrine of contract formation is centered on whether and when a fair exchange occurred. In litigation, the plaintiff alleges a promise and consideration—an exchange (a plausible one, and therefore fair enough at that point). Defenses to formation are a response to the allegation that a fair exchange occurred. Allegations of both promise and consideration show that the defendant assented. As between assent and exchange, exchange is the more fundamental concept, but because the law talks so often about assent, assent is covered at length afterward so that the function of the assent doctrines is apparent.

Other doctrines, such as remedies (just an introduction in this first volume), waiver, seals, the Statute of Frauds, definiteness, and general public policy limitations are placed where students can best grasp their import in the context of the other doctrines.

Along the way, most of the doctrines in the book are repeated in the cases, questions, or in class discussion. This repetition cements understanding, builds trust, and also allows students to see how the doctrines mesh together to regulate coherently.

This book is intended for use in the first three-credit half of a six-credit course.

This book is a companion volume to Volume I, "The Story of Contract Law: Formation." Volume I introduces students to law study and teaches basic doctrines of contract formation along with formation defenses. This book, Volume II, The Story of Contract Law: Implementing the Bargain, covers the rest of basic contract doctrine, namely, laws that
1) determine the content of the bargain (plain meaning, usage and custom, good faith, mistake in transmission, parol evidence, and express and constructive conditions);
2) govern the effect of events that occur after formation (impracticability, frustration, failure of consideration, and risk of loss);
3) set remedies—rescission, damages, specific performance—available to courts when liability exists; and
4) establish the rights of third parties in contracts by assignment or delegation or as third-party beneficiaries.

This book includes many classic teaching cases and introduces new ones. The book also includes many problems, most based on actual cases. The book takes especial care with the doctrine of concurrent conditions, a common-law rule adopted in the late 1700s that required doctrinal readjustment across all the law governing contract performance and remedies.

This volume also continues several themes from Volume I. Volume II continues to tie rules to contract law’s central structural idea, that of fair exchange. Also, to the extent helpful to student understanding, Volume II explains doctrines in part through their chronological development. The book introduces the doctrines in the order best conducive to students’ understanding contract law as a regulatory whole; for this volume, it is the order in which the doctrines arise in litigation. Finally, where possible, this volume repeats ideas at helpful points and suggests ties between doctrines so that the structural coherence of contract doctrine becomes easier to understand.

This is the fourth edition of Torts: Cases, Principles, and Institutions, a casebook for a one-semester torts course that carves out a distinctive niche in the field by focusing on the institutions and sociology of American tort law. The book retains many of the familiar features of the traditional casebook, including many of the classic cases. Like the best casebooks, it seeks to survey the theoretical principles underlying those cases. But it aims to supplement the cases and principles with editorial notes that focus students’ attention on the institutional features of our tort system, including features such as the pervasiveness of settlements, the significance of the market, the role of the plaintiff's bar, the importance of private insurance, the contingency fee, and the jury. These institutional arrangements are what make American tort law distinctive. They are how the substantive doctrines of tort law are translated into the practice of torts lawyers. And they are sociologically fascinating in their own right.

TCPI integrates the institutional materials into the cases and notes rather than segregate them into separate sections of their own. It does so because its aim is not to teach the details of any one institution, such as the mechanics of the law of subrogation or workers’ compensation. Few one-semester torts classes can take up so much material. Instead, the book integrates the institutional material into the main text to draw general lessons about the massive, sprawling systems of private administration that American law has created under the umbrella of our torts system.

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 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.

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.

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.

This Intellectual Property Supplement from eLangdell Press contains the text of federal laws and regulations in the area of copyright, trademarks and patents. The editors have endeavored to gather all relevant laws, rules and regulations. This collection is intended to be used primarily as a statutory supplement for law students and legal scholars in academic settings, although practitioners in this area of law will also find it useful.This volume, Volume 1: Copyright Statutory Law contains the text of Title 17 of the United States Code as it appears on the most current edition available on the U.S. Government website FDSYS. Updates to the U.S. Code not yet found in the FDSYS published editions can be found in the United States House of Representatives Office of Law Revision Counsel's Classification Tables.

This Intellectual Property Supplement from eLangdell Press contains the text of federal laws and regulations in the area of copyright, trademarks and patents. The editors have endeavored to gather all relevant laws, rules and regulations. This collection is intended to be used primarily as a statutory supplement for law students and legal scholars in academic settings, although practitioners in this area of law will also find it useful.This volume, Volume 2: Patent Statutory Law contains the text of Title 35 of the United States Code as it appears on the most current edition available on the U.S. Government website FDSYS. Updates to the U.S. Code not yet found in the FDSYS published editions can be found in the United States House of Representatives Office of Law Revision Counsel's Classification Tables.

Securities Law: Selected Statutes and Regulations contains the text of federal laws and regulations in the area of securities as published by the United States Government Printing Office on the FDSYS website. The currency of each law and regulation can be found in its header block. The editors have endeavored to gather all relevant laws, rules and regulations related to this area of law, including Securities Act of 1933, The Securities and Exchange Act of 1934, the Investment Company and Investment Advisors Acts of 1940, Sarbanes-Oxley, Dodd-Frank and the regulations and forms promulgated under them. It also contains the Attorney Standards of Conduct in this area. It is intended to be used primarily as a statutory supplement for law students and legal scholars in academic settings, although practitioners in this area of law will also find it useful.

This Intellectual Property Supplement from eLangdell Press contains the text of federal laws and regulations in the area of copyright, trademarks and patents. The editors have endeavored to gather all relevant laws, rules and regulations. This collection is intended to be used primarily as a statutory supplement for law students and legal scholars in academic settings, although practitioners in this area of law will also find it useful.This volume, Volume III: Trademark Statutory Law contains Chapter 22 of Title 15 of the United States Code as it appears on the most current edition available on the U.S. Government website FDSYS. Updates to the U.S. Code not yet found in the FDSYS published editions can be found in the United States House of Representatives Office of Law Revision Counsel's Classification Tables.

The Wetlands Law Course Source can be used as the primary text for a two credit seminar or as a supplemental text to cover wetlands material in an environmental law, natural resources law, or water law course. In addition, the administrative law chapter can be used as a supplement in a range of administrative law-related courses, such as environmental law, health law, labor law, immigration law, and others, to introduce basic administrative law concepts.

Unlike traditional casebooks or coursebooks, a “course source” includes resources to train students in all three apprenticeships identified by the Carnegie Foundation in its influential report on legal education, Educating Lawyers: Preparation for the Profession of Law. To address the knowledge apprenticeship, the Wetlands Law Course Source includes all of the traditional elements of a casebook or coursebook (cases, commentary, notes and questions) and includes several hypotheticals and problem exercises that focus on reinforcing wetlands law. In addition, as one of the many forms of summative and formative assessment included in the book, every chapter includes one or more CALI exercise as a “quiz” to reinforce the material covered in the chapter. To address the skills apprenticeship, the Wetlands Law Course Source includes sixteen separate legal research exercises, several drafting exercises, a negotiation exercise, and an interviewing and counseling exercise. To address the values apprenticeship, the Course Source includes several professionalism scenarios, with questions related to the scenarios.

What Color is Your C.F.R.? is a problem-based law workbook with a colorful twist. Conceived and written by law librarians, it uses easy to understand plain language and is a light-hearted but helpful supplement to instruction on basic legal research. The book takes a non-traditional approach to legal research and uses short legal research exercises and coloring.