Recent Acquisitions at the Marquette Law Library

Contents: Overview -- Offer and acceptance -- Consideration -- Formation defenses -- Statute of frauds -- Obligations enforceable without consideration -- Parol evidence and interpretation -- Terms implied by law -- Discharge of duties -- Conditions -- Anticipatory repudiation -- Remedies -- Third parties

"The questions and answers in this book cover the broad subject of "intellectual property" in a comprehensive way, targeted to an introductory or survey course. All of the major topics in this fascinating area of law are included-namely, trademark, the right of publicity, trade secret, patent, and copyright-and the coverage has been updated with major changes in the law through July 2019. The key aspects of trademark, patent, and copyright law are systematically addressed using the following organization-subject matter & validity, ownership & duration of rights, infringement & remedies, and defenses & limitations"-- Provided by publisher

"The goal of this book is to explain trade secret law clearly and succinctly to students, attorneys, and judges, while being mindful of the ever-evolving policies and tensions that underlie the field. Trade secret doctrine seeks to promote commercial morality and incentivize innovation, while not unduly interfering with free competition and labor mobility. As a result, it reflects a balance of conflicting interests"-- Provided by the publisher

"Employment discrimination law is like a huge jigsaw puzzle-albeit one with many missing and mismatched pieces, which are constantly being changed. The purpose of this book is to clarify the differences, uncertainty, and complexity of employment discrimination law"-- Provided by publisher

"This book is designed to provide readers with a broad overview and understanding of a vast and complex area of the law. The book begins with a detailed table of contents and has many charts and diagrams to provide readers with a general understanding of the law. The book provides many examples to help readers understand how the law applies to concrete factual situations. The book also includes an extensive set of footnotes with citations that refer readers to additional sources that they can consult for further study of the law. The book provides a broad overview our nation's employment-based health care system and the Affordable Care Act and its effect on employer-provided health care plans"-- Provided by publisher

What explains the explosive growth of school vouchers in the last two decades? In America's Voucher Politics, Ursula Hackett shows that the voucher movement is rooted in America's foundational struggles over religion, race, and the role of government versus the private sector. Drawing upon original datasets, archival materials, and more than one hundred interviews, Hackett shows that policymakers and political advocates use strategic policy design and rhetoric to hide the role of the state when their policy goals become legally controversial. For over sixty years of voucher litigation, white supremacists, accommodationists, and individualists have deployed this strategy of attenuated governance in court. By learning from previous mistakes and anticipating downstream effects, policymakers can avoid painful defeats, gain a secure legal footing, and entrench their policy commitments despite the surging power of rivals. An ideal case study, education policy reflects multiple axes of conflict in American politics and demonstrates how policy learning unfolds over time

"The overarching objective of this book is to teach the First Amendment for academic success. Toward this end, it focuses upon core subject matter that is likely to be tested in a law school examination or on the bar examination. The book also provides tools that enable students to organize the course and their understanding in a way that enhances retention. The beginning of each chapter highlights key points of coverage. The end of each chapter indicates essential points to remember"-- Provided by the publisher

"This clearly written treatise is designed to make very accessible the complex subject of corporate taxation by using non-technical, straightforward language, charts, checklists, diagrams, and numerous examples to aid readers' understanding. The book starts with an introductory chapter that discusses the choice of business form; the general principle that corporate profits are subject to double taxation (once at the corporate level and again at the shareholder level); and the basics of anti-abuse rules, such as the step-transaction doctrine. Those anti-abuse rules are explored in more detail in a later chapter, as are proposals to partially or fully eliminate double taxation. The next several chapters are organized using a cradle-to-grave approach that traces the life cycle of a corporation, beginning with formation and capitalization and ending with corporate "death," liquidation. Between those events, the book discusses operational issues, including the capital structure of a corporation, distributions of cash or property, stock redemptions, and stock dividends. After corporate liquidations, the book explores more advanced topics, such as taxable stock or asset acquisitions; non-taxable corporate reorganizations and divisions; the carryover of tax attributes (such as net operating losses) following certain non-recognition transactions; and the treatment of corporate tax shelters. In addition, a chapter addresses the taxation of S corporations, which generally provides a single-tax paradigm. Understanding Corporate Taxation also includes discussion of relevant cases. It is designed to supplement any corporate tax casebook or to be used on its own"-- Provided by publisher

Contents: The prosecutor's and defendant's interests and objectives -- Constitutional considerations and the role of counsel -- Wrongful prosecution -- Preparing for plea bargaining -- Plea bargaining tactics -- Negotiating the plea agreement -- Negotiating with the U.S. attorney under the U.S. Sentencing Guidelines -- Negotiating with the U.S. attorney in special cases -- Entering the plea -- Sentencing -- Enforcing the plea bargain -- Withdrawing the guilty plea -- Corporate plea agreements and corporate deferred prosecution agreements

"In gathering the information needed to write this book, the authors came to appreciate several themes. First, the Colorado Constitution and case law offer a novel and refreshing perspectives on the history of the state. Most major social movements, crises, embarrassments and celebrations ended up in state courts, with a constitutional argument by at least one major participant. The courts' role was often decisive and occasionally miscast in traditional histories. Second, over long stretches of time the Colorado Supreme Court's performance was less than exemplary. The original three-judge court in the 1880s launched the judicial branch very well, and the modern court is professional and conscientious. During many other periods, the court was blatantly partisan and at times, well, just zany. The court's relationship to the legislature vacillated from too little deference, such as the court's pro-business and anti-labor stance during the 1890-1920 period or the court's strange interference with relief for the poor during the Depression, to too much deference, such as the court's blessing after 1905 of numerous taxing and debt schemes pushed by the legislature to subsidize a variety of private industries. The framers' rules for the structure and processes of government, however, have held up and continue to serve. Since the 1850s this beautiful spot of geography has been witness to a turbulent, tumultuous, occasionally violent boom-and-bust style of human society that continues. For residents it has been and is life in high, unpredictable winds"-- Provided by publisher

Contents: FLSA essentials : practically applying the most recent legal perspectives -- Using handbooks to protect against legal liabilities : with example policies -- HIPAA best practices for HR : ensuring confidentiality of medical information -- Hiring and firing : legal do's and don'ts for crucial HR functions -- Social media policies : balancing employer needs and employee rights -- Employee relations : legal solutions for sensitive workplace issues