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Drafting Contracts - A Practical Guide to Transactional Practice, authored by Ben L. Fernandez is a brief but comprehensive guide to everything you need to know about drafting contracts from scratch and revising complex form agreements. Ben L. Fernandez currently teaches Legal Drafting to students at the University of Florida Levin College of Law. Before he went into teaching, he gained extensive experience practicing in this area. He has densely packed this concise text with valuable practice information, insights and tips.This latest book on contract drafting contracts covers more topics and has much more practical information than other texts on this subject. Issues discussed include: Getting up to Speed (familiarizing yourself with the client's business and interviewing the client to flush out all the terms of the deal) Drafting Covenants, Rights, Prohibitions and Descriptions (using "will" or "shall" and "may") Avoiding Potentially Ambiguous Words and Phrases (time periods, numbers, misplaced modifiers, indefinite pronoun references) Organizing a Contract's Beginning Sections (title, exordium, background, definitions, reps and warranties) Organizing Core Covenants and Other Deal Provisions (core covenant, duration, additional provisions) Organizing a Contract's Ending Sections (termination, cancellation, boilerplate, testimonium, signature blocks) Brainstorming (additional provisions to better protect the client, indemnity, insurance, waivers, liability limits) Drafting with Precedent Language and Documents (putting a document together from sample provisions) Tailoring Form Documents (revising a complex form document) Revising the Other Side's Completed Documents (qualifying language, limiting scope, inserting conditions) Negotiating Contract Provisions (preparation, advancing the client's interests without killing the deal) Closing the Deal (closing agendas, verifying signature authority) Dealing with Ethical Issues in Contract Drafting (revisions to signed documents, unenforceable provisions, notarization after the fact) Drafting a Contract Amendment (sample form for amendments) Using Computers to Draft Contracts (document assembly programs, on line execution, artificial intelligence)Drafting Contracts also contains numerous sample contract provisions, as well as helpful charts and checklists, and exercises and sample answers on drafting a contract from scratch and tailoring and revising a complex form agreement.Drafting Contracts - An Introduction to Transactional Practice by Ben L. Fernandez is an essential guide for any law student or novice attorney interested in contract drafting and transactional practice.

Colorado Constitutional Law and History provides students, lawyers, and citizens with historical background, case precedents, and practical analysis of the entire state Constitution.While the U.S. Constitution is terse, the Colorado Constitution is detailed and prescriptive. It covers topics as diverse as gambling, mining, schoolchildren's textbooks, and old age pensions. Adopted in 1876, the Colorado Constitution was the longest that had ever been written. It is even longer today, thanks to the many amendments created via the people's rights of initiative and referendum.When settlement from "the States" began in the 1858 gold rush, Coloradans spontaneously created their own ad hoc governments. Colorado's Constitution later declared Coloradans' "sole and exclusive right of governing themselves." The independent spirit has continued to the present, including in the modern constitutional amendments that defied federal marijuana prohibition.Past and present, Coloradans have wanted an active government, and have also expected that the people in the government will abuse their powers. Colorado's unusually detailed state Constitution is Coloradans' continuing effort to keep government officials under the people's control. Yet over two dozen sections of the Colorado Constitution have been nullified by the Colorado supreme court or by other branches of state government. The majority of nullified sections involve the Constitution's rules against special government aid to politically powerful businesses, and the rules allowing taxation and debt only by voter consent.Colorado Constitutional Law and History describes the successes and failures in the people's attempts to use the Colorado Constitution to regulate governments in Colorado, and to protect Coloradans' rights of governing themselves.

This book intends to familiarize readers with basic tools required for entrepreneurship in relatively complex businesses. That is, businesses that involve intellectual property issues or fundraising in multiple rounds.We describe terminology used by entrepreneurs, lawyers and investors when forming and financing a new company. Sample questions addressed are: Where do ideas come from? How do you know if you have a good one? What are key risks and how do you mitigate them? What are common misconceptions entrepreneurs have? What is the fundraising process? Why do investors say "no"? What does a Series A term sheet or convertible note look like? What are key provisions of each? How do founders structure their duties and protect their interests? How should entrepreneurs think about equity compensation of early employees? When should the founder step aside to make way for new management? How do entrepreneurs protect or acquire intellectual property? What are the pros and cons of becoming an entrepreneur through acquiring an existing business or spinning off a business from an established company? Are entrepreneurs born or made? Does it matter? What can you learn from history? Is learning entrepreneurship valuable even if you don't plan to start a company?To summarize, this book is written for those that want to become familiar with terminology, legalese, computations and methods used by entrepreneurs, lawyers, advisers and investors when forming and financing a new company.

In the latest edition of this book, authors Rosalie Berger Levinson and Ivan E. Bodensteiner provide a more comprehensive overview of Post-Civil War statutes, including Sections 1981, 1982, and 1983. Several key modern civil rights statutes are also explored in this edition, including Title VII of the 1964 Civil Rights Act, the ADEA, the ADAA, as well as Title IX.The goal of this book remains the same-to provide law students with an understanding of the major federal civil rights statutes. Early civil rights statutes are explored in depth throughout this book, and are compared to more modern civil rights statutes. Some of the older statutes overlap with the more modern statutes, and may be used together to vindicate civil rights.Enforcement options are discussed and analyzed throughout the book, including available remedies, such as damages and attorney fees, as well as defenses and limitations on the power of Congress to pass such acts. Review questions included in this book give students the opportunity to apply the statutes they have learned to new fact patterns. Students gain additional practice on these topics by reviewing and answering questions regarding previously covered materials.

Drafting and Revising Contracts - An Introduction to Drafting in Plain English and Revising Complex Form Documents, authored by Ben L. Fernandez is a comprehensive guide to everything you need to know about drafting contracts from scratch and revising complex form agreements. Ben L. Fernandez currently teaches a course on Legal Drafting to students at the University of Florida Levin College of Law. In this book, you will learn the principles taught in this course, and more.This latest book on the topic of drafting and revising contracts provides the reader with substantial insight into the contract drafting process. The reader will learn different techniques for drafting easily readable and understandable contracts, including how to draft covenants, rights, prohibitions and descriptive statements, as well as background sections, definitions, representations and warranties, core covenants, deal terms and "boilerplate" provisions. In addition, Prof. Fernandez teaches how to work with complex form agreements, including completing form documents for a deal, creating new forms for different circumstances and revising documents for the other side. Important topics like negotiating contract provisions, closing a deal, handling ethical issues, drafting contract amendments, and computer assisted contract drafting are covered as well. Author Ben L. Fernandez takes the time throughout his book to not only explain how to draft and revise contracts, but also to carefully explain why the details and terms he includes matter.Drafting and Revising Contracts - An Introduction to Drafting in Plain English and Revising Complex Form Documents by Ben L. Fernandez is an essential guide for any law student just getting started learning about drafting contracts. This book is also a useful and modern refresher course for attorneys who have a transactional practice.

The American middle class is currently in a state of jeopardy. We are in need of a powerful robust labor movement to reverse the economic inequality we are facing in the U.S.-and this may be our last opportunity in the foreseeable future to do so.In How the Working Class Can Help the Middle Class: Reintroducing Non-Majority Collective Bargaining to the American Workplace, Charles Morris brings forth the compelling argument that the best means to restore economic balance and support for the American middle class is by promoting and reestablishing the long-forgotten process of non-majority collective bargaining. That process, which can be made available without further legislation, is based on extensive studies and widespread support for its legal foundation. How the Working Class Can Help the Middle Class also illustrates how employer opposition has stalled these efforts and why we must significantly move toward a revival of a strong and healthy labor movement to provide a better life for the middle class-now.

Introduction to U.S. Law, Policy, and Research-An Environmental Perspective offers an interdisciplinary experiential study of environmental law unlike the typical environmental law textbook. Expanding beyond case studies, statutes, and rules, this book provides a unique, process-oriented introduction to law and legal research and its use in environmental policy and decision-making. Covering the origins and structure of the U.S. legal system, Introduction to U.S. Law, Policy, and Research-An Environmental Perspective places special emphasis on the litigation process and specific cases that explain common law and toxic torts, environmental administrative law, and environmental regulation through application and testing of statutory law in the courts.In an effort to help students develop legal literacy as well as stronger research and writing skills, authors Dana Neac¿u and Peter Bower provide the hands-on use of online legal resources, readings of opinions, statutes, and casebooks. Students will leave the text with a thorough understanding of: The origins, history, and structure of the U.S. legal system and how they apply to environmental policy and decision-making. The structure of the U.S. court system, including the importance of precedent and roles of the Constitution and Supreme Court. How to use legal research tools to find "good law" by analyzing precedent, find cases that determine the meaning of statute, and more. How to read, and brief cases, understand the structure of case-law writing etc. And much more! Complete with an interactive online resource to help guide students through the course material, provide in-depth case studies, and engage students in further reading, Introduction to U.S. Law, Policy, and Research-An Environmental Perspective is a must-read for those looking to understand the basis of U.S. law and environmental policy.

The Court of Justice of the European Union (EU) has long contributed to the concept of abuse of law. In The Different Forms of Abuse of Law and Process in the European Union, Prof. Dimitris Liakopoulos presents his research regarding the functionality of the fight against abuse as a legal technique through a comparison of alternative techniques. Through this research, Liakopoulos provides a thorough understanding of the legal meaning and operation of the prohibition on the abuse of rights in the EU. The book also reviews how it may be used as a legal technique either to exclude the application of EU law or to deny the right attributed by EU law where abusive behavior by a private individual is found.The book concludes with an analysis of the abuse process in the criminal sector and in the common law system, with special consideration of the system in the United States. Looking at the Anglo-Saxon system, the overall theoretical abuse of process is based on the principle of fairness: If a fair trial cannot take place, or if it would be unfair to continue a criminal trial against anyone, we would be facing a "false" process. After all, the accused is no longer in a position to exercise his faculties and rights fully and to continue would be an outrage against the moral integrity of the system. The Different Forms of Abuse of Law and Process in the European Union provides paradigm-shifting answer to the question: Does the practice surpass the theory?

This book represents a comprehensive coverage of the doctrine of sovereign immunity; one chapter provides a summary of the sovereign immunity laws in all US states. The book provides the reader with a knowledge and understanding of the sovereign immunity doctrine but also provides the reader with an awareness and understanding of the important legal problems and road blocks that confront attorneys who represent victims of improvident government actions. One chapter discusses the immunity of foreign States regarding claims filed against foreign governments in United States courts and when and how a claim can be brought successfully against a foreign State in a court in the United States for violations, among others, of international law. The book is an invaluable reference work for attorneys who may represent victims of governmental misconduct; attorneys should read this book in advance to filing a lawsuit against the government in any context.

Newgotiation for Public Administration Professionals conveys practical tools for students, executives, public and private administrators, managers and professionals to improve performance and relationships in this highly competitive and global marketplace. While the book is oriented towards Public Administration Professionals, the principles taught inside can apply almost anywhere.As you'll soon discover, authors Yann Duzert, Ph.D. and Frank Zerunyan, J.D. have coined the term "newgotiation" to describe their methodological approach to negotiation. The groundbreaking Newgotiation process involves reframing negotiation practices around the principles of collaboration, building relationships, and gaining (and maintaining) trust-which provides the parties with a new, more effective way to negotiate.Inside, you'll learn all about the 4-10-10 Newgotiation technique. This innovative approach to negotiation teaches practitioners the skills to apply four simple steps to ten elements and ten indicators for implementation and evaluation. With this approach, the authors of this book have created a common negotiation process that can be used by anyone.The 4-10-10 Newgotiation technique was developed to be a unified dialect, helping both practitioners and organizations speak the same language. Each party to the Newgotiation process is encouraged to engage in moments of reflection alternating with moments of action, which is designed to end in a win/win for both parties. Newgotiation methodology is all about identifying the frame of the negotiation, potential problems, crafting solutions, and structuring value creation and value distribution based on organizational priorities.The Newgotiation technique is designed to improve: The Probability to close a better deal The Value of a deal by inventing The Productivity of a deal through collaboration With the knowledge gained in this book, you'll be in a better position to have more successful negotiation outcomes. The invaluable 4-10-10 Newgotiation technique will quickly have you negotiating your way to better deals, with many other benefits along the way.

Lively, entertaining, current cases make it enjoyable to learn the fundamentals of Property Law. Who keeps the $82,000 of abandoned drug money found in the gas tank of a vehicle sold by the U.S. to an innocent purchaser? Who is entitled to the engagement ring when a marriage doesn't take place? Is it really possible for a neighborhood group to gain title to a $3.3 million piece of land in New York City by adverse possession? What authority do US courts have over the ownership rights to sunken treasure found outside the territorial jurisdiction of any country? What are the special things to watch for when buying a condominium - or a time share estate? What about mortgages, easements, deeds, water rights, land use restrictions, landlord-tenant relationships, and environmental regulations? These, and many other important topics of basic Property Law are covered in memorable, recent cases included in this book. It turns out that Property Law is fascinating!

This fifth edition covers the basics of the federal income taxation of partnerships and corporations including the taxation of LLCs, LLPs and S corporations. In addition, it alludes to a short list of other business enterprises. We designed the text for teaching in two components: partnerships and corporations. Both components use the traditional "cradle-to-grave" approach. Because of their practical importance, the book refers to Social Security taxes and estate taxes. There is no discussion of State income taxes.Although the book is comparatively short, the materials are thorough and heavily supplemented with problems that are scattered along the way, rather than at the end of each chapter. The problems are not especially difficult. Instead, we designed the problems to build confidence while at the same time forcing students to review the central Code provisions and pertinent regulations. We edited the cases extensively, and eliminated most footnotes as well as the court's and commentators' case and statute citations, without any explicit reference their elimination. Numbered footnotes are from the original materials but, except by accident, they do not retain their original numbering.

The book focuses on smuggling of migrants by sea from Africa to Europe and on the scope of European Union (EU) legal framework on this crime. The book argues that people smuggled by sea should be protected by EU law when they become victims of human trafficking or as potential victims of human trafficking. For this purpose, the book analyses the Trafficking Directive and other EU laws on the protection of victims of human trafficking. The book argues that although smuggling and trafficking are two separate crimes, they can overlap. Consequently, the law on human trafficking can be extended to smuggled migrants when there is the overlapping. The book highlights that when the category of smuggled people by sea cannot be included in the legal framework on human trafficking, other laws on migration should be applied rather than returning people to their countries of origin or of residence where they will face the same poor conditions they left and thus, they would try to travel again to Europe by the support of criminal organisations perpetrating smuggling.In order to prevent the smuggling of people, the book argues that different policies and laws should be applied. One policy should focus on fighting against the crimes of smuggling and trafficking by the support of EU agencies. The book states that Europol, Eurojust and Joint Investigation Teams should support EU Member States in the fight against smuggling and trafficking as these crimes can have a transnational dimension. However, fighting against these two crimes should be accompanied by developing economic policies in countries of origin or of residence.The book concludes that the EU is very far away from finding solutions to prevent smuggling of migrants by sea. It is concentrated on short term solutions which will not reduce the smuggling of migrants and their trafficking.