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Liberty, Equality and Due Process: Cases, Controversies, and Contexts in Constitutional Law
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CC BY-NC-SA
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This Casebook is intended to be used in a course which concentrates on Constitutional Rights and centers the Fourteenth Amendment. It can be used in a first year Law School course with a title such as “Liberty, Equality, and Due Process,” as it is at CUNY School of Law, an upper division Constitutional Rights course, or an advanced undergraduate course focusing on constitutional rights, especially equality and due process.

Subject:
Law
Material Type:
Textbook
Provider:
The Center for Computer Assisted Legal Instruction (CALI)
Provider Set:
The eLangdell Bookstore
Author:
Ruthann Robson
Date Added:
03/18/2018
Marine Law and Policy for Scientists and Managers - 1st Edition
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CC BY-NC
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This open educational resource is designed for use by undergraduate and graduate ocean science, natural resource, fisheries and wildlife, and environmental policy students enrolled in a ten-week academic quarter. The purpose of this project is to provide students and non-law professionals with a freely accessible, clearly written guide to support engaging and effective learning. As such, the book serves as a gateway and an invitation to become a well informed, committed and involved ocean citizen as well as to explore the field beyond our course study.

Subject:
Career and Technical Education
Law
Maritime Science
Material Type:
Textbook
Provider:
Oregon State University
Author:
Holly V. Campbell
Date Added:
01/06/2020
Module 3: Open License
Unrestricted Use
CC BY
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A license is a document that specifies what can and cannot be done with a work. It grants permissions and states restrictions. Broadly speaking, an open license is one that grants permission to access, re-use and redistribute a work with few or no restrictions (definition from Openedefinition.org).

Subject:
General Law
Law
Material Type:
Reading
Provider:
Washington State Board for Community & Technical Colleges
Provider Set:
Open Washington
Date Added:
03/07/2016
Module 4: Creative Commons Licenses
Unrestricted Use
CC BY
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0.0 stars

In previous modules we had a chance to discuss the background of open licenses and what they are. We learned that Creative Commons (CC) is the most widely used open license for open educational resources. In this module, we will discuss CC licenses– what they are, to what they pertain, and how to mark our works with them.

Subject:
General Law
Law
Material Type:
Lesson
Reading
Provider:
Washington State Board for Community & Technical Colleges
Provider Set:
Open Washington
Date Added:
03/07/2016
OER at UVA - Explainer Video
Unrestricted Use
CC BY
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0.0 stars

These slides were used to create a 2-min explainer video that illustrates what makes Open Educational Resources so ideal, the rewards of engaging in open pedagogical practices, and a few discipline-specific examples. Adapt it and share it!

Subject:
Applied Science
Arts and Humanities
Business and Communication
Career and Technical Education
Education
English Language Arts
History
Law
Life Science
Mathematics
Physical Science
Social Science
Material Type:
Diagram/Illustration
Author:
Hanni Nabahe
Date Added:
10/20/2020
Open-Source Property: A Free Casebook
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CC BY-NC
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Open Source Property: A Free Casebook is a free resource for instructors and students of the first-year Property Law course at American law schools, and anyone else with an interest in the subject.

Subject:
Law
Material Type:
Textbook
Author:
James Grimmelmann
Michael Grynberg
Stephen Clowney
Date Added:
11/18/2021
Professional Responsibility: An Open-Source Casebook
Unrestricted Use
Public Domain
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We wanted this casebook to be as easy to use and understand as possible. Accordingly, we included not only cases, but also the text of the rules and restatements, as well as concise explanations of the relevant law. Each chapter of the book addresses a different issue, in the following format. First, it clearly and concisely explains the relevant law governing that issue. Then provides the relevant text of any statutes, Model Rules, sections of the Restatement of the Law Governing Lawyers, or other sources, with a link to an open-source versions of the full text, when available. It provides one or more heavily edited cases intended to illustrate the application of the law at issue, with a link to an open-source version of the full text of the case. Each case is preceded by a brief summary of its facts, reasoning, and holding, and followed by questions intended to indicate subjects for further investigation or discussion. And finally, it includes citations to law review articles and other materials relevant to the law at issue, with links to open-source versions of those materials, when available.

Subject:
Law
Material Type:
Textbook
Author:
Brian L. Frye
Elizabeth Schiller
Date Added:
11/18/2021
Property Volume 1
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CC BY-SA
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0.0 stars

This is Volume 1 of a two volume set written for Property Law. From the Preface: Property, as a vaguely defined collection of contract, tort, and criminal cases, does not take on the natural structure of a substantive area of the law through the systematic study of duty, breach, causation, defenses, and damages. Instead this textbook and most Property courses survey various topics in law with two goals in mind. First, we will study a number of traditional property topics, those where the issue of "ownership" and what that entails have long been thought to be a central issue. Second, but most importantly, our interdisciplinary study will introduce some of the major analytical techniques in law, from reasoning using precedent to law and economics to distributive justice. As we roam among topics, our goal is always, relentlessly to ask, "Why?" "Why should the law protect this party's interest?" These major techniques that we will pick up along the way will help us provide better and better answers to this question.

Subject:
Law
Material Type:
Textbook
Provider:
The Center for Computer Assisted Legal Instruction (CALI)
Provider Set:
The eLangdell Bookstore
Author:
Christian Turner
Date Added:
12/05/2019
Property Volume 2
Conditional Remix & Share Permitted
CC BY-SA
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0.0 stars

This is Volume 2 of a two volume set written for Property Law. From the Preface to Volume 1: Property, as a vaguely defined collection of contract, tort, and criminal cases, does not take on the natural structure of a substantive area of the law through the systematic study of duty, breach, causation, defenses, and damages. Instead this textbook and most Property courses survey various topics in law with two goals in mind. First, we will study a number of traditional property topics, those where the issue of "ownership" and what that entails have long been thought to be a central issue. Second, but most importantly, our interdisciplinary study will introduce some of the major analytical techniques in law, from reasoning using precedent to law and economics to distributive justice. As we roam among topics, our goal is always, relentlessly to ask, "Why?" "Why should the law protect this party's interest?" These major techniques that we will pick up along the way will help us provide better and better answers to this question.

Subject:
Law
Material Type:
Textbook
Provider:
The Center for Computer Assisted Legal Instruction (CALI)
Provider Set:
The eLangdell Bookstore
Author:
Christian Turner
Date Added:
12/05/2019
Religion in the Law: An Open Access Casebook - First Edition
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CC BY-SA
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This casebook features nearly sixty cases from American courts that involve, in some important way, religious belief and action. The book is divided into sections: First Principles, Establishment, Free Exercise, and Special Problems. Each section includes landmark or otherwise influential cases that have influenced American law and religious practice. Most cases come from the U.S. Supreme Court but the lower federal and state courts are also represented.

In the contextual introductions to each section and subpart, I have tried to give the reader a basis for understanding how the cases came about and why I chose them for this book. I have tried to minimize editorial comment. I have cited some scholarship where I think it would be helpful, but please do not mistake this as an attempt to produce a comprehensive treatise on the subject of religion in the law. It is a casebook, and a short one, all things considered. At the end of each introductory part is a short “further reading” list. I chose those articles because I found each of them interesting and useful to under-standing the topics that precede them. Their selection is not necessarily an endorsement of each author’s arguments, though I do agree with some of them.

I designed this casebook specifically for my own use in a 400-level undergraduate seminar called Law & Society. Class sessions using this book are intended to be student-led, roundtable talks with the professor acting as discussion prompter and neutral mediator. Generally, two cases are assigned for each class session. I selected, edited, and arranged the cases to complement each other thematically and chronologically to the best of my ability. Many of the cases include overlapping topics and could fit into multiple categories, so I took some liberties in their arrangement. Your mileage may vary.

Subject:
Law
Material Type:
Textbook
Author:
L. Joe Dunman
Date Added:
11/18/2021
Sales and Leases: A Problem-based Approach
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CC BY-NC-SA
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Sales and Leases is a coursebook for a 3-credit course in personal property sales and leases – the subject matter of UCC Articles 2 and 2A. Adjustments could be made for other credit allocations and chapters can be used on a stand-alone basis. The course is designed so that students both review the rules and principles they studied in their first-year course in Contracts and learn the rules that apply to the subset of contracts for the sale and lease of goods. Students taking this course should be well-prepared to solve legal problems in contracts and sales, and should be well-prepared for those parts of the bar exam as well.

While the course in Contracts focuses on the rules of common-law contracts, the focus of this course is the rules found in legislation. Therefore, instead of emphasizing case analysis, the book contains a good deal of narrative that assists students in working through the complexity of the statutes. Students will need to supplement the book with a complete copy of the UCC that includes the Official Comments. Discussion of other statutes, such as UETA and Magnuson-Moss, is incorporated where appropriate.

The approach is problem-based, which we believe is more appropriate for an upper-division course based primarily on statutes. The narrative is interspersed with problems for class discussion that require students to apply the principles and rules to particular fact situations. Many times there is an issue of interpretation or policy in the Code, however, and therefore each chapter also contains at least one case that explores an issue arising under the statute.

Subject:
Law
Material Type:
Textbook
Provider:
The Center for Computer Assisted Legal Instruction (CALI)
Provider Set:
The eLangdell Bookstore
Author:
Kristen Juras
Scott J. Burnham
Date Added:
12/05/2019
Sexual Orientation and Gender Identity Employment Discrimination
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CC BY-NC-SA
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This Chapter will address the current protections that are available to lesbian, gay, bisexual and transgender (“LGBT”) individuals who allege they have been victims of employment discrimination. The Chapter’s primary focus will be on federal statutory law, particularly Title VII of the Civil Rights Act of 1964. Although the focus here is on federal law, Appendix I to this Chapter lists the states that protect individuals from public and/or private discrimination under state laws.

This topic is explored in four parts: (1) a brief overview of congressional efforts to enact a statute to protect individuals from employment discrimination on the basis of sexual orientation and gender identity; (2) discusses Title VII and sexual orientation; (3) discusses ways in which recent courts have handled sexual orientation discrimination under Title VII; and (4) similarly examines early judicial treatment of claims brought by individuals alleging discrimination on the basis of their gender identity and/or expression and explores how the law has developed in this area as well.

Subject:
Law
Material Type:
Textbook
Provider:
The Center for Computer Assisted Legal Instruction (CALI)
Provider Set:
The eLangdell Bookstore
Author:
Matthew William Green
Date Added:
12/05/2019
Sources of American Law: An Introduction to Legal Research
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CC BY-NC-SA
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At its most basic definition the practice of law comprises conducting research to find relevant rules of law and then applying those rules to the specific set of circumstances faced by a client. However, in American law, the legal rules to be applied derive from myriad sources, complicating the process and making legal research different from other sorts of research. This text introduces first-year law students to the new kind of research required to study and to practice law. It seeks to demystify the art of legal research by following a “Source and Process” approach. First, the text introduces students to the major sources of American law and describes the forms the various authorities traditionally took in print. After establishing this base, the text proceeds to instruct students on the methods they will most likely use in practice, namely electronic research techniques and the consultation of secondary sources. Sources of Law incorporates screencasts currently hosted on YouTube that actively demonstrate the processes described in the static text. Finally, the text illustrates how the different pieces come together in the legal research process.

Sources of Law focuses on realistic goals for 1Ls to learn in a relatively small amount of instruction time, and so focuses mainly on the basics. It does introduce some advanced material so that 1Ls can recognize pieces of information they may encounter in research, but it does not fully cover researching materials outside the scope of the traditional 1L course. As such, it is best-suited for introductory legal research courses for 1Ls.

Subject:
Law
Material Type:
Textbook
Provider:
The Center for Computer Assisted Legal Instruction (CALI)
Provider Set:
The eLangdell Bookstore
Author:
Beau Steenken
Tina M. Brooks
Date Added:
12/05/2019
The Story of Contract Law: Formation
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CC BY-NC-SA
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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.

Subject:
Law
Material Type:
Textbook
Provider:
The Center for Computer Assisted Legal Instruction (CALI)
Provider Set:
The eLangdell Bookstore
Author:
Val Ricks
Date Added:
12/05/2019
The Story of Contract Law: Implementing the Bargain
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CC BY-NC-SA
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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.

Subject:
Law
Material Type:
Textbook
Provider:
The Center for Computer Assisted Legal Instruction (CALI)
Provider Set:
The eLangdell Bookstore
Author:
Val Ricks
Date Added:
12/01/2017
Svantesson on the Law of Obligations – 4th Edition (Revised)
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CC BY-NC
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0.0 stars

Svantesson on the Law of Obligations provides an accessible, yet comprehensive, overview of how the rules of common law and equity, together with the provisions of applicable legislation such as the Australian Consumer Law, the Fair Trading Acts, and the Sale of Goods Acts, affect contractual and other obligations. The material dealt with is approached from an Australian perspective.

Subject:
Law
Material Type:
Textbook
Provider:
Open Educational Resources Collective
Author:
Dan Jerker B. Svantesson
Date Added:
06/28/2023
Tech Policy and Legal Theory Syllabus
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CC BY-NC
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0.0 stars

Technology has changed dramatically over the last couple of decades. Currently, virtually all business industries are powered by large quantities of data. The potential as well as actual uses of business data, which oftentimes includes personal user data, raise complex issues of informed consent and data protection. This course will explore many of these complex issues, with the goal of guiding students into thinking about tech policy from a broad ethical perspective as well as preparing students to responsibly conduct themselves in different areas and industries in a world growingly dominated by technology.

Subject:
Applied Science
Business and Communication
Career and Technical Education
Criminal Justice
Education
Educational Technology
Engineering
Law
Management
Social Science
Material Type:
Syllabus
Provider:
CUNY Academic Works
Provider Set:
Baruch College
Author:
Lev-Aretz, Yafit
Packin, Nizan
Date Added:
08/15/2020
Torts: Cases, Principles, and Institutions
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CC BY-NC-SA
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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.

Subject:
Law
Material Type:
Textbook
Provider:
The Center for Computer Assisted Legal Instruction (CALI)
Provider Set:
The eLangdell Bookstore
Author:
John Fabian Witt
Date Added:
12/05/2019
Torts: Cases and Contexts Volume 1
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CC BY-SA
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0.0 stars

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.

Subject:
Law
Material Type:
Textbook
Provider:
The Center for Computer Assisted Legal Instruction (CALI)
Provider Set:
The eLangdell Bookstore
Author:
Eric E. Johnson
Date Added:
12/05/2019