Legal Treatises by Subject

Use treatises--books on legal topics--to begin your research. They will help you save time by providing explanation, analysis, context, and tips on the most relevant primary sources.

Treatises range from single volume overviews for students to extensively detailed multi-volume sets for practitioners. They may come in the form of bound books updated with pocket parts or supplements, or in the form of loose-leafs with easily replaced pages.

If you need help finding a relevant treatise, this guide will provide you with some of the most useful titles in each subject. We have noted if and where the treatise is available on online. Please keep in mind that this availability may change without notice.

Note: this guide now contains blurbs about and contents of the books where available. This text is taken from info provided by the publishers and does not imply any special endorsement.

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You may reproduce any part of it for noncommercial purposes as long as credit is included and it is shared in the same manner.

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Topics Covered A-B

Hover over the A-B tab above to access these topics:

Administrative Law

Admiralty & Maritime Law

Agency, Partnerships, & Limited Liability Corporations

American Law & Jurisprudence

Antitrust Law

Subject Guide

Administrative Law

Administrative Law

Lawyers and judges across the United States have discovered that when it comes to administrative law, there is really only one authority: Administrative Law Treatise by Richard J. Pierce. Cited by the courts more than 4,000 times, this definitive three volume work now in its Fifth Edition brings you analysis of the latest developments with all the practical guidance and knowledge you need to plan and present an effective case before the courts. When your clients confront government administrative action whether it's rulemaking, adjudication, or investigation, do what your colleagues do: turn to the undisputed leader in the field. Richard J. Pierce shows you the most effective approaches to any agency action, policy or procedure. You'll get answers to such questions as: Which due process protections do individuals and companies enjoy under administrative law? What are the limits of an agency's power to subpoena, inspect, and gain access to records? When must an agency provide an oral evidentiary hearing? How and when are agencies likely to use their rulemaking power to resolve factual disputes? Richard J. Pierce also provides a unique, in-depth treatment of agency discretionary power, especially in relation to evidence in oral hearings and other essential matters of practice. There's no need to look elsewhere for the law that governs such areas as: SEC rulemaking, Medicare and Medicaid Jurisdiction in telecommunications disputes Warrantless inspection of premises FOIA exemptions Agency power to make retroactive rules Immunity of agency employees Regulation of toxic substances in the workplace Allocation of gas and electric services Criteria for evidence of disability Control of regional transportation authorities INS deportation, and more. Administrative Law Treatise, Fifth Edition, provides incomparable authority and guidance on the administrative law governing these and virtually every other significant agency power or procedure. If you practice before government agencies, act as agency counsel, or are connected with appeals involving agencies, you'll find that courts listen to Richard J. Pierce.

The guide addresses the FTCA's waiver of sovereign immunity, its purpose, scope, exclusions, exceptions, and the procedures for presenting administrative tort claims5 and fi ling suit. It discusses the protections the FTCA may provide to federal employees sued in tort. It explains the FTCA's rules for damages and for financial matters, including attorneys' fees, costs, and interest. Finally, it examines the FTCA settlement process and recommends approaches to settlement negotiations.

Admiralty & Maritime Law

Admiralty and Maritime law

Benedict on Admiralty is the most complete research tool in the field. All the materials you need to practice maritime law are in this one set, including: concise discussion of every current issue; explanations of court opinions and their implications; reprints of hard-to-find primary source material; charter parties and clauses; treaties; admiralty rules; marine insurance forms; practice and procedure forms on a variety of maritime issues. Benedict on Admiralty provides indices, a comprehensive index to the entire set, detailed tables of contents, charts and tables ideally suited to admiralty law practice.

The Law of Seamen provides authoritative coverage of maritime law governing the rights and obligations of merchant seamen, including relevant statutes, rules, and caselaw. This title also includes a special compilation of maritime injury cases indexed by type or cause of injury and references to relevant articles, annotations, and other resources for further research.

Agency, Partnership, and Limited Liability Corporations

Agency, Partnerships, and Limited-Liability Corporations

The definitive reference on general and limited partnership law covering formation and dissolution of partnerships, partnership property, enforcement of rights and obligations, dissolution and winding up, liability, litigating among partners, continuation of dissolved partnership; authored by experts who drafted substantial portions of the Revised Uniform Partnership Act.

This text covers information regarding the Revised Uniform Partnership Act (RUPA) that has been adopted by about half of the states, and other developments, such as the Limited Liability Partnership (LLP), have significantly changed partnership law. Basic agency concepts have been persuasive in shaping the development of statutory liabilities, especially in the area of sexual harassment, and the influence of agency law will only increase in the coming years.

This work offers valuable guidance on business relationships, including those between officers and corporations, employees and employers, and real estate and other specialized agents and their clients. Application of agency doctrines to organizations is discussed at length with useful illustrations. Volume 1 covers principles of attribution, creation and termination of authority and agency relationships, ratification, and notifications and notice. Volume 2 covers contracts and other transactions with third parties, torts-liability of agent and principal, and duties of agent and principal to each other.

American Law & Jurisprudence

American Law and Jurisprudence

This book provides an introduction to the American legal system for a broad readership. Its focus is on law in practice, on the role of the law in American society; and how the social context affects the living law of the United States. It covers the institutions of law creation andapplication, law in American government, American legal culture and the legal profession, American criminal and civil justice, and civil rights. Clearly written, the book has been widely used in both undergraduate and graduate courses as an introduction to the legal system; it will be useful, too,to a general audience interested in understanding how this vital social system works. This new edition follows the same basic structure as applied in the previous editions providing a thorough revision and reworking of the text.This edition reflects upon what has happened in the years since the first edition was published in 1985, and how these events and evolutions have shaped our fundamental comprehension of the workings of the American legal system today.

American Law and Legal Systems examines the philosophy of law within a political, social, and economic framework with great clarity and insight. Readers are introduced to operative legal concepts, everyday law practices, substantive procedures, and the intricacies of the American legal system. Eliminating confusing legalese, the authors skillfully explain the basics, from how a lawsuit is filed through the final appeal. This new edition provides essential updates to forensic and scientific evidence, contract law, and family law, and includes new text boxes and tables to help students understand, remember, and apply central concepts. New to the 8th Edition Updates the coverage of environmental law, especially in relation to climate change. Updates the coverage of family law, especially in relation to gay marriage. Includes new coverage of challenges to the Voting Rights Act, campaign finance, and cybersecurity. Covers the effects of social media on judicial proceedings. Includes 16 new cases, including Obergefell v. Hodges. Adds new text boxes on intriguing subjects throughout. Accompanied by an author-written Instructor's Manual that includes Learning Objectives, Chapter Summaries, Chapter Outlines, Key Terms and Concepts, as well as Test Questions for each chapter.

Firmly anchored in social science concepts, the second edition of The American Legal System demonstrates the relationships among private law, the business legal environment, and public law issues, as well as related subjects of interest. This fifteen-chapter book is divided into three parts. Part I places the legal system in a political perspective centering on the origins of the law, schools of jurisprudence, branches and functions of law, legitimacy of law, how the judiciary functions in the federal system of government, and judicial interpretation and decision making. Part II contrasts legal processes: civil suits for money damages, criminal processes, equity justice, administrative processes, and alternative dispute resolution. Part III centers on the legal norms or rules governing both civil and criminal conduct, property law, family law, contract law, and government regulation of business. Throughout, the text features edited court opinions many new to this edition illustrating lively and thought-provoking controversies that are certain to spark student interest. Among the many compelling issues addressed are the legal and constitutional controversies surrounding the Bush Administration's "War on Terror," and the socially explosive developments concerning same-sex marriage. In addition, each chapter includes at least three comparative notes showing how other legal cultures in different nation-states treat legal matters. A wealth of pedagogical features chapter-opening objectives; key terms, names, and concepts; a glossary, discussion questions, and appendices are included to aid student comprehension. The authors have prepared an Instructor's Manual and Test Bank to facilitate the book's use in the classroom."

This text provides an introduction to U.S. law. It is intended for law students, lawyers, and legal scholars from foreign countries; U.S. graduate and undergraduate college students; members of the general reading public in the United States; and anyone who seeks a "big picture" of the law and legal system. Not a casebook, it explains the major substantive areas of the law in narrative form with citations to cases and sources for additional detail. In addition to covering the principal substantive areas of the law, the book has chapters on: essential basic history and governmental structure necessary to an understanding of the legal system; the legal profession; the theory and practice of the adversary system of justice; and statutory interpretation and case law reasoning.

In the updated, fourth edition of this classic text which has been translated into over a dozen languages, constitutional scholar and Columbia Law School professor E. Allan Farnsworth provides a clear explanation of the structure and function of the U.S. legal system in one handy reference. An Introduction to the Legal System of the United States, Fourth Edition is designed to be a general introduction to the structure and function of the legal system of the United States, and is especially useful for those readers who lack familiarity with fundamental establishments and practices. This text also gives the reader a clear understanding of how to research the law, the importance of case law versus statutes, and the difference between private and public law. It illustrates issues that may be confusing or troublesome and provides a solid general overview. It includes a new introduction by Steve Sheppard.

Law in the United States, Second Edition, is a concise presentation of the salient elements of the American legal system designed mainly for jurists of civil law backgrounds. It focuses on features of American law likely to be least familiar to jurists from other legal traditions, such as American common law, the federal structure of the U.S. legal system, and the American constitutional tradition. The use of comparative law technique permits foreign jurists to appreciate the American legal system in comparison with legal systems with which they are already familiar. Chapters in the second edition also cover such topics as American civil justice, criminal law, jury trial, choice of laws and international jurisdiction, the American legal profession, and the influence of American law in the global legal order.

This book is designed to give students the background they need to start law school successfully. Since the best law schools seek a diverse class in terms of background and education, not all incoming law students are familiar with our legal system. This book introduces legal education, the legal profession, the legal system, and primary sources of the law including statutes and cases. It covers basic principles of statutory construction and the evolution of the common law through judicial decisions. While the book starts with the basics, it also introduces some more sophisticated issues including the United States Supreme Court's same-sex marriage decision, Obergefell v. Hodges, which weaves together several themes covered in the book. The fourth edition updates all the statistical information about legal education and the legal profession, uses a new series of cases showing the evolution of the common law, and includes the Obergefell case to illustrate the complex interplay of legal doctrines. PowerPoint slides are available to professors upon adoption of this book. Download a sample of the full 122-slide presentation here. If you have adopted the book for a course, contact bhall@cap-press.com to request the PowerPoint slides.

Animal Law

Animal Law

This innovative book explores the emerging area of animal rights law. Animal Law: Welfare, Interest, and Rights asks the question, “What are the arguments for animal rights as a matter of philosophy and at law?” David Favre, a well-known figure in the area of animal rights, discusses how the legal system today deals with animal-human relationships as well as how it may do so in the future. David Favre, who has extensive experience teaching and speaking around the world on animal issues, has crafted an exceptional text. Among its many attributes: The author covers over 100 years of legal history regarding animal rights, beginning in 1867 with the adoption of the New York Anti-Cruelty Law. Materials are presented to highlight the animal issues that people most commonly face, including ownership, sales, divorce, recovery for damages for harm to animals, and providing for animals in wills. Criminal liability under state anti-cruelty laws is considered in detail, including topical issues such dog fighting And The hoarding of animals. Veterinary malpractice And The state’s ability to control animals such as dangerous dogs and pet snakes are explored. The status of commercial agricultural animals is presented in detail – including factual information and policy concepts – in order to consider what future law might be appropriate. The text offers engaging, student-friendly problems and case studies on many of the main topic areas in animal rights. Additional chapters, available on the Web as PDF files, include coverage of private regulation of ownership by landlords and condo associations, control of wildlife by the state, and animals in science Animal Law: Welfare, Interest, and Rights is certain to become the preeminent teaching tool in the area of animal rights. If you are teaching a course in animal rights law – or contemplating teaching one – be sure to examine this perceptive, comprehensive text. An author website to support classroom instruction using this title is available at http://www.aspenlawschool.com/favre.

Mahatma Gandhi said, "The greatness of a nation and its moral progress can be judged by the way its animals are treated." Since civil societies are ruled by law, they can be evaluated, both figuratively and literally, by how animals are treated in the criminal justice system. This book depicts animals' roles within society and the laws that govern how humans treat them. Carmen M. Cusack focuses on current issues in human-animal relationships and how these are affected by the criminal justice system. Her analysis, while objective, is rooted in firsthand activist, professional, legal, and criminal justice experience. She presents a comprehensive overview of the place of animals and the law, including pets in prison, K-9 units, constitutional rights, animal sacrifice, wild animals, entertainment, domestic violence, rehabilitation, history, and religion. She includes information about law, behavioral and social science, systemic responses and procedure, anecdotal evidence, current events, and theoretical considerations. Animals and Criminal Justice is a useful handbook and a thorough textbook, as well as a practical guide to animals' relationships with the criminal justice system. Professionals, including police, child protective services, judges, animal control officers, and corrections staff, as well as scholars in the fields of criminal justice and criminology will find this book invaluable.

Offers a comprehensive overview of the legislation and legal issues surrounding animals. * Includes a list of major animal organizations actively engaged in legal matters on a national level * Includes tables of cases, authorities, statutes, and regulations

Antitrust Law

Antitrust Law

The authoritative antitrust resource covering mergers and acquisitions, intellectual property and antitrust, predatory pricing, antitrust issues in healthcare, media, and other areas, monopolizing conduct, "substantial" market power, market share and buyer concentration, interlocking directors, refusals to deal, territorial customer limitation, product tying, contractual arbitration provisions; widely cited by the courts, including more than 100 citations by the Supreme Court and FTC combined. Includes unnumbered supplementary volume called Index and tables pamphlet, containing table of contents, table of cases, and index.

Manage a wide range of antitrust issues in the courtroom and the office with Antitrust Law Handbook. Litigators and corporate counsel will find this especially useful as a first point of reference. Designed for both practitioners and students,

The hands-on guide to antitrust issues that todayand#8217;s courts confront most often, with guidance on developing litigation strategy, counseling clients on compliance, representing clients before regulators, and advising on mergers and acquisitions; confidently advise clients on Sherman Act compliance, Hart Scott Rodino, distribution and pricing issues, and complex commercial litigation. By Herbert Hovenkamp and Phillip E. Areeda. Now published in a single-volume with an annual update, Fundamentals of Antitrust Law, Fourth Edition provides sophisticated coverage of the topics most cited or litigated in the field. Whether you are developing litigation strategy, counseling clients on compliance, representing clients before regulators, or advising on mergers and acquisitions, Fundamentals of Antitrust Law, Fourth Edition has all the information you need, at your fingertips. Turn to this invaluable volume when: Advising clients on specific aspects to comply with the Sherman Act Developing litigation strategies Representing clients before regulators Advising clients on mergers and acquisitions Advising clients on Hart Scott Rodino Handling complex commercial litigation Handling distribution and pricing issues for clients And more Organized by issue, Fundamentals of Antitrust Law, Fourth Edition covers the full range of anticompetitive conduct, as well as procedural issues. It is keyed to the leading Areeda andamp; Hovenkamp treatise, Antitrust Law: An Analysis of Antitrust Principles and Their Application and includes extensive cross references, organization that follows the main work, and a thorough index that allow you to get to the information you need quickly and easily.

Art Law

Art Law

This treatise synthesizes the field of art law and provides a valuable resource for museums, collectors, auctions, dealers, galleries, artists, developers, architects, and preservation committees. It examines laws governing visual arts, presenting analysis of social, policy, economic, and cultural issues affecting arts transactions and litigation. It covers the fundamentals of trade practices; valuation and appraisal; the Uniform Commercial Code; auction; international trade; copyright, trademark, and unfair competition; artist's rights; constitutional issues regarding display and exhibition; art fraud; archeology and artifacts; and historic preservation. It also examines issues relating to tax, bankruptcy, evidence, fraud, forgery, import and export, and related areas.

Offers commentary on the purchase, protection and preservation of fine and applied art, addressing the effect that the established definitions have on laws, regulations, and endorsements. This work helps guard against seizure, loss, prosecution, and embarrassment by ensuring the strength of contracts and the ownership of rights.

Bankruptcy

Bankruptcy

Uniquely authoritative and intellectual, the Hornbook Series serves as the definitive supplement to classroom discussions and casebook studies with clear explanations of the law and references to cases, statutes, and articles. Epstein, Nickles, and White's Hornbook on Bankruptcy focuses its attention on the central issues of bankruptcy, including commencement, dismissal, and conversion; automatic stay; the use, sale, and lease of estate property; avoidance powers; liquidation; exempt property; individual and business reorganization; proceedings; jurisdiction; and procedure. A condensed version of the authors? three-volume treatise, the hornbook points out where materials are omitted, allowing for easy cross-reference. Hornbooks broaden one's understanding of topical areas of law, providing historical background as well as insight into contemporary issues and future directions of the law. Available for dozens of topics and considered the finest resource in primary legal education, the Hornbook Series is recommended by more professors than any other study guide.

Written and edited by leading scholars and practitioners, Collier on Bankruptcy is the benchmark resource in the bankruptcy field. Long recognized as the most authoritative and comprehensive single source of bankruptcy law information, Collier is indispensable for any firm with a bankruptcy practice. Since the enactment of the Bankruptcy Code, it has been cited over 20,000 times by the courts. Collier was first cited by the U.S. Supreme Court in 1905, and most recently in 2011.

A hallmark of Collier has been its unprecedented array of contributors, who include some of the country's most respected practitioners and jurists. Their work is carefully reviewed by the distinguished Collier editors-in-chief and Board of Editors. The editors and authors are not only building upon a 100-year-old legacy, but are creating a practical and timely resource that is tailored for today's busiest lawyers. Collier never stands still, with updates four times a year to ensure that it always reflects the evolving law.

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Topics Covered C-E

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Civil Procedure

Commercial Law

Constitutional Law

Copyright (see also Intellectual Property)

Corporations (see also Non-Profit Corporations)

Criminal Law and Procedure

Education Law

Eminent Domain (see Takings)

Entertainment Law

Environmental Law

Subject Guide

Civil Procedure

Civil Procedure

Publication Date: 1969- (kept current with pocket and pamphlet supplements, cumulative supplement service, and revised volumes)

Comprehensive and authoritative coverage of all aspects of federal civil, criminal and appellate procedure, including rules of civil, criminal, and appellate procedure, rules of evidence, the federal judicial system, jurisdiction of all federal courts, venue, removal of cases, res judicata, relation of state and federal courts, multidistrict litigation, and more. Provides extensive analysis of each rule as interpreted and applied by the federal courts and affected by related statutes and rules. Includes official forms adopted with the rules. Contains numerous tables and couples key words, ideas, and legal concepts to index and cited decisions, statutes, and other relevant materials.

From its initial publication, Moore's instantly became, and remains today, the standard reference work on federal court procedure and has been cited thousands of times in federal court decisions. This latest edition represents a complete overhaul of the classic work, authored by over 50 distinguished federal judges, law professors, and practitioners, including many who, like Professor Moore, have been directly involved in the federal rulemaking process. Moore's 34 volumes include the full text of the federal rules along with extensive commentary and analysis of the rules and cases interpreting the rules.

This practice guide will help students: break down complex procedural issues quickly and easily, with spot-on insights from one of the leading litigators in the field; discover timesaving tools and step-by-step practical guidance through comprehensive checklists, practice tips and case examples; watch groundbreaking video content—over 150+ dynamic videos, each 2 – 5 minutes long, featuring expert tips, enhanced guidance and more.

Commercial Law

Commercial Law

Lawrence's Anderson on the Uniform Commercial Code provides article-by-article analysis of the UCC. It also covers: the Uniform Computer Information Transactions Act, the Uniform Electronic Transactions Act, he Electronic Signatures in Global and National Commerce Act

The book will give students a rigorous introduction to the UCC without burdening them with needless citations. The new edition deals not only with the 1999 revisions to Article 9 but also with the recent revisions to Article 1. Of course, this edition also addresses the earlier revisions to Articles 5, 3 and 4. It has limited coverage of the failed attempt to revise Article 2.

White and Summers' Uniform Commercial Code, 5th and 6th provides practice-oriented insight and benefits both specialists and general practitioners. You'll find accurate and reliable analysis of the Uniform Commercial Code, practical understanding to apply the Code appropriately, thoughtful resolution of issues of Code interpretation, skillful deployment of the various non-textual Code resources relevant to such issues (including the Official Comments and prior Code drafts), informed policy analysis, systematic discussion of each topic, and a careful integration of the developing caselaw into text as well as footnotes.

Constitutional Law

Constitutional Law

This textbook focuses on the Constitution's provisions for government structure and on how constitutional structure helps guarantee protection of substantive rights and liberties. It promises to be an indispensable resource for teachers, students, practicing lawyers and judges. This preeminent treatise provides a wealth of original, insightful, and influential analysis of constitutional law doctrine and policy.Professor Tribe's central concern is the Constitution itself, not the Supreme Court as an institution. While addressing relevant issues of institutional capacities and roles, he does not stop at discussing the Court as the right or wrong forum to review a particular issue and render judgment; the more crucial question is whether the judgment itself was right or wrong as an element in the living development of constitutional justice.

For too long, the American constitutional tradition has been defined solely by the U.S. Constitution drafted in 1787. Yet constitutional debates at the state level open a window on how Americans, in different places and at different times, have chosen to govern themselves. From New Hampshire in 1776 to Louisiana in 1992, state constitutional conventions have served not only as instruments of democracy but also as forums for revising federal principles and institutions. In The American State Constitutional Tradition, John Dinan shows that state constitutions are much more than mere echoes of the federal document. The first comprehensive study of all 114 state constitutional conventions for which there are recorded debates, his book shows that state constitutional debates in many ways better reflect the accumulated wisdom of American constitution-makers than do the more traditional studies of the federal constitution. Wielding extraordinary command over a mass of historical detail, Dinan clarifies the alternatives considered by state constitution makers and the reasons for the adoption or rejection of various governing principles and institutions. Among other things, he shows that the states are nearly universal in their rejection of the rigid federal model of the constitutional amendment process, favoring more flexible procedures for constitutional change; they often grant citizens greater direct participation in law-making; they have debated and at times rejected the value of bicameralism; and they have altered the veto powers of both the executive and judicial branches. Dinan also shows that, while the Founders favored a minimalist design and focused exclusively on protecting individuals from government action, state constitution makers have often adopted more detailed constitutions, sometimes specifying positive rights that depend on government action for their enforcement. Moreover, unlike the federal constitution, state constitutions often contain provisions dedicated to the formation of citizen character, ranging from compulsory schooling to the regulation of gambling or liquor. By integrating state constitution making with the federal constitutional tradition, this path-breaking work widens and deepens our understanding of the principles by which we've chosen to govern ourselves.

Authoritative coverage examines the constitutional issues that are studied and litigated today. This text thoroughly analyzes and discusses the origins of judicial review and federal jurisdiction, the sources of national authority, the growth of federal commerce and fiscal powers, and the limits on state laws that burden interstate commerce. This book then explores and analyzes individual liberties and due process, including equal protection, freedom of speech and religion, federal powers to enforce the Bill of Rights, and limitations on the jurisdiction of federal courts. Finally, this one-volume treatise explores the separation of powers including the restrictions on the foreign affairs power and the recent cases on the war on terror. This book (and the 6-volume treatise by the same authors) has been cited by state and federal courts at all levels, from trial court to the U.S. Supreme Court, over 1,000 times.

Nowak and Rotunda's Treatise on Constitutional Law: Substance and Procedure provides scholars, practitioners, judges, and officials with an up-to-date analysis and synthesis of federal constitutional law. Focus is primarily on the Supreme Court and incorporates the political, historical, and economic background of court decisions.

The text analyzes constitutional questions in terms of precedent, political science theory, economics, and American history, making the leading cases understandable concerning both their overall significance and the precise legal rules they establish.