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This classic text is specifically designed to teach students how to
negotiate in the actual practice of law. Although practical, it is
grounded in ongoing research by social science, law, and business
school scholars. In this new edition, Professor Robert Rhee joins
Professor Gifford, and brings with him both a background in
transactional negotiations and expertise in economic analysis of
negotiation. Some highlights include: Structural changes enhance
the student's learning experience. Illustrative examples are pulled
from the text and highlighted. Economic analysis and issues of
valuation have been added. Each chapter concludes with a summary of
major points and review questions. Professional responsibility
issues, how race and gender affect bargaining, and the roles played
by email and videoconferencing all receive increased coverage.
The first of its kind, this book offers a global overview of the
first-year curriculum in a single volume. In short, accessible
lessons, Get a Running Start covers all the major concepts taught
in each of the courses most commonly offered in the first year of
law school: criminal law, torts, civil procedure, constitutional
law, property, and contracts. (See also a companion volume, Stay
Ahead of the Pack: Your Comprehensive Guide to the Upper Level
Curriculum, which covers the most common 2L and 3L courses:
administrative law, business associations, criminal procedure,
evidence, personal income tax, and professional responsibility.)
Each of the courses comprising this book is written by a specialist
in the field who is a decorated teacher with years of experience in
the classroom. In this volume, they have distilled that experience
and expertise to produce the tool they wish they had when they
first were thinking about and then actually began law school: a
clear, concise introduction to the entire first-year curriculum.
Get a Running Start is a valuable tool for first-year law students,
giving them a running start on their law school careers and putting
them in the best position to enter the profession. By reading
through all the lessons for a course, first-year students will get
a complete overview of each course early in the semester. As the
semester goes forward, students can accelerate their learning and
comprehension by reviewing individual lessons when preparing for
class. As the semester comes to a close, the lessons in this book
provide an invaluable framework for outlining and exam preparation.
Get a Running Start is also the ideal introduction for
undergraduate students. For formal pre-law or Introduction to
American Law courses, this book will provide students with a
comprehensive overview broken into concise, digestible chunks that
are ideal for further development in lecture or discussion
sections. Outside the classroom, Get a Running Start offers a
stimulating introduction to fundamental legal concepts that will
engage those who might be thinking about going to law school and
citizens who simply want to know more about the law as a central
feature of public life. Among the many features of this book
readers will find useful and attractive are: An introductory
chapter offering advice on how to structure a successful
preparation and study process starting with the summer before law
school and running straight through exams. Insiders' advice from
successful law students and recent graduates on class preparation,
course selection, career development, and managing the stress of
law school. Short lessons that provide readers with an introduction
to the major concepts for a day or week of law school classes in
10-15 minutes. Complete course coverage that will allow readers to
get a global overview of a first-year law course in the span of an
afternoon. Frequent use of examples and hypotheticals to illustrate
major points in an available way. Short "Takeaway" summaries at the
end of each lesson that highlight the main points and provide a
quick reference or refresher. "Bonus" lessons offering quick
primers on topics such as legal reasoning and statutory
interpretation.
For more than seventy years, leading torts scholars at the Yale Law
School and elsewhere have used this casebook. It unconventionally
begins with strict liability. A recent study published by the
Arizona State Law Journal shows that this sequence results in
students experiencing a greater appreciation of "the judge's role
as being influenced by social, economic, and ideological factors
and a sense of fairness and less as a process of rule application
than do students who begin their study with either intentional
torts or negligence." The Sixth Edition is more accessible to
students because of substantially expanded textual explanations and
more tightly edited opinions. Updates include frequent discussions
of Restatement (Third) provisions and a significant number of
recently decided cases including several from the Supreme Court
addressing products preemption, displacement in climate change
litigation, and First Amendment limits on liability for intentional
infliction of emotional distress. Comprehensive Changes A new
appendix to the casebook, "The Litigation Process," facilitates the
student's introduction to the torts litigation process. Relevant
provisions of the recently adopted Restatement (Third) of Torts are
quoted throughout the text. The Sixth Edition adds an unusual
number of recently decided cases, including several from the
Supreme Court of the United States addressing issues such as
preemption, displacement in climate change litigation, and First
Amendment limits on the tort of intentional infliction of emotional
distress. The amount of textual explanation in introductions and in
notes has been greatly expanded to facilitate the student's
understanding. In addition, the enhanced notes often ask students
to consider newly added questions as they read the opinions and
prepare for classroom discussion. The excerpted opinions are more
tightly edited. The chapter in the previous edition that addressed
damages has been split into two chapters, one covering "Damages"
and the other, "Other Limitations on Liability Based on Type of
Harm."
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