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Kirk W. Junker - U.S. Law for Civil Lawyers

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Kirk W. Junker (ed.)

U.S. Law for Civil Lawyers

2021

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Heidi K. Brown Chapter 3 Civil Procedure Brief Drafting Strategy S. 94-116

„… . Introduction In the U.S. civil procedure system, lawyers typically are permitted to communicate with judges …” „… of communication between the lawyer and trial judge—or panel of appellate judges—deciding a case, U.S …” „… basically the same for each brief genre. A civil lawyer might also recognize that the number and types of …”

Kirk W. Junker Chapter 1 United States’ Law as Foreign Law S. 9-47

„… consulting U.S. law as a non-U.S. lawyer. For a lawyer educated and trained in the civil law tradition, U.S …” „… . Law is foreign law.1 That alone is an important point from which to start. A thoughtful lawyer will …” „… functions as a handbook in foreign law, in which the authors assume the readers are not U.S. lawyers. Too …”

Titelei/Inhaltsverzeichnis

„… Junker U.S. Law for Civil Lawyers A Practitioner’s Guide Frau Brun, RS: 35 mm Ju nk er U .S . L aw …” „… . Law for Civil Lawyers BUT_Junker_6447-1.indd 1 25.02.21 13:05 edited by Kirk W. Junker U.S. Law …” „… for Civil Lawyers A Practitioner’s Guide 2021 BUT_Junker_6447-1.indd 3 25.02.21 13:05 ISBN 978 3 …”

Alessandro Galli Introduction: Legal Translation as Cross-Cultural Communication S. 1-8

„… the key to grasping the complexities of a legal system. Words, besides being the “lawyer’s tools of …” „… day, a considerable part of English legal terminology is of Latin origin, and a civil lawyer might …” „… into a family of lawyers, Emily Dickinson was rather well-versed in legal language, legal topics, and …”

Kirk W. Junker, Michael J. Heilman Chapter 14 United States’ Environmental Law as Foreign Law S. 305-334

„… provide lists of law firms in those regions (some of which employ German lawyers along with their areas of …” „… started in finding a lawyer in the appropriate U.S. state. See German Missions in the United States …” „… environmental law by their expert lawyers. In 2005 the protection of the environment was given constitutional …”

Gabriela Steier Chapter 15 Food Law: Implementing Food Sovereignty in Sustainable Food Systems S. 335-356

„… to be read. Through litigation,10 lawyers advocate to clarify how food law statutes are to be read …” „… field of law, there are many and diverging interests that need the counsel of lawyers. In short, the …” „… , from “farm to fork,” lawyers are involved.12 When lawyers understand their roles in the legal …”

F. Baicker-McKee Chapter 2 Federal Civil Litigation Steven S. 48-93

„… party to determine the merit of the opponent’s claims or defenses, but also helps a lawyer to assess the …” „… statute. Thus, a lawyer handling a case under C.E.R.C.L.A. must consider the Federal Rules of Civil …” „… sanctions by motion. To do so, they first provide a copy of the motion to the lawyer who filed the …”

P. Matthew Roy Chapter 9 Income Taxation and Audits S. 197-212

„… , https://www.I.R.S.gov/businesses/small-businessesself-employed/audit-techniques-guides-atgs. Thomas Greenaway, Choice of Forum in Federal Civil Tax Litigation, Vol. 62, No. 2 Tax Lawyer …” „… this book, not only will the civil law lawyer have seen many differences between common law thinking …” „… and civil law thinking, but more specifically, the non- U.S. lawyer, whether civil law or common law …”

Antonio Lordi Chapter 7 The Back-to-Back Contract: The Birth of a New Contract Type S. 164-175

„… Press, 2001). T. Bart Gary, Incorporation by Reference and Flow-Down Clauses, in The Construction Lawyer …” „… the Subcontractor from Itself?, in The Construction Lawyer (2011). Antonio Lordi, Sulla ragionevolezza …” „… “Pay-When-Paid” Dilemma, in The Colorado Lawyer, (1996). Jörn Zons, The Minefield of back-to-back subcontracts …”

Keith E. Wilder Chapter 5 Contracts—Drafting and Content S. 138-153

„… ., 2007). I. Introduction In the 21st Century, practicing lawyers all over the world constantly encounter …” „… are used repetitively. In some civil legal cultures, for example, a lawyer is encouraged to use new …” „… words to express the same idea as the document progresses. In contrast, U.S. lawyers adhere to what is …”

Patrick Sorek Chapter 6 Confidential Information and Restrictive Covenants S. 154-163

„… business information protections in the U.S. Awareness of this tension will also help a lawyer from outside …” „… protection of the former employer’s confidential business information. Many lawyers, and some courts, believe …” „… employer. Along these lines, lawyers representing plaintiffs in cases of misappropriated confidential …”

Barbara M. Carlin Chapter 13 White Collar Crime S. 292-304

„… course possible that civil lawyer will need to know something about the prosecution of these crimes in …” „… the U.S., we are assuming that most often a civil lawyer would be concerned more with what are known …” „… criminal lawyer once said that there was only one statute that was needed in the U.S.: the mail fraud …”

Katherine M. Simpson Chapter 4 United States’ International Arbitration Law and Practice S. 117-137

„… any connection to the U.S., it is indispensable for a civil lawyer to understand U.S. arbitration laws …” „… heard and the examination of witnesses; (6) rights of lawyers to appear, and their ethical obligations …” „… (sometimes called simply “dicta” by U.S. lawyers). Such statements, even when present in otherwise current …”

Ryan Kraski Chapter 11 The Charitable Sector: Nonprofit Organizations S. 248-267

„… structures, so a lawyer must be sure to consult the relevant states’ statutes and regulations. Furthermore …” „… of assets, a lawyer should consult specialist legal in this area. Among other areas requiring special …” „… activity that may fall into a state law or I.R.C. “grey area,” lawyers should advise directors to seek …”

Jacob H. Rooksby Chapter 8 Intellectual Property Protection and Enforcement S. 176-196

„… : 2015 Report of the Economic Survey (2015). Ashby Jones, When Lawyers Become ‘Trolls,’ Wall Street …” „… left open to chance and the argumentation of lawyers. By comparison, statutory damages are—as the term …” „… , Patent Troll Myths, 42 Seton Hall Law Review 457 (2012); Ashby Jones, When Lawyers Become ‘Trolls,’ Wall …”

Phillip A. Buhler Chapter 10 Application of International Maritime Law: Issues Unique to the United States S. 213-247

„… plaintiff ’s lawyers in the U.S. This will avoid the great expense and aggravation of having to challenge …” „… jurisdiction if a U.S. plaintiff ’s lawyer signs the foreign worker to a contract for legal representation in …” „… maritime lawyers, O.P.A. ’90 may be considered to be the most important, comprehensive and detailed marine …”

Katherine M. Simpson Chapter 12 Immigration Law: A View from the Inside S. 268-291

„… , and procedures change almost daily. Although most of these changes will be slight, lawyers practicing …” „… with an attorney who is licensed in the U.S. and is a member of the American Immigration Lawyers …”

doi.org/10.5771/9783748905714

Stefan Lorenzmeier, Hans-Peter Folz - Recht und Realität

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Stefan Lorenzmeier (ed.), Hans-Peter Folz (ed.)

Recht und Realität

2017

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Robert E. Lutz, Aliona Cara Rusnac Educating the Transnational Lawyer (in the United States and Abroad) S. 511-535

„… Educating the Transnational Lawyer (in the United States and Abroad) Robert E. Lutz1 / Aliona Cara …” „… recipient of the Warren M. Christopher International Lawyer of the Year (2014) by the California Bar …” „… arbitration process (for investor disputes). Educating the Transnational Lawyer 513 In addition, law firms—at …”

Ola Mestad The 1814 Treaty of Kiel – Norwegian Sovereignty and Natural Law S. 536-555

„… all lawyers and especially the judges which is a point of significance in the winter of 1814. 22 …” „… certain is that when he addressed all the men in the plenary cession, he approached the lawyers. Most …” „… declaration written by the lawyer Christopher Anker Bergh, it is stated that it “is the … will and decision of …”

Titelei/Inhaltsverzeichnis S. 1-24

„… International Ice Patrol 477 Daniel-Erasmus Khan Educating the Transnational Lawyer (in the United States and …”

Daniel-Erasmus Khan The International Ice Patrol S. 477-510

„… much alive today, this legacy is relatively unknown even within the community of international lawyers …” „… maritime lawyers (for a detailed account on the history and work of this non-governmental not-for-profit …”

Christian Rohde Filling gaps in international administrative law by international administrative tribunals S. 575-592

„… necessarily lawyers or otherwise versed in dispute resolution matters.25 Management reviews are likely to be …”

Daniel Engel State Responsibility under the European Convention on Human Rights for Acts of International Organizations in light of the Grand Chamber's Al-Dulimi Judgment S. 57-88

„… implementation of EU directives dealing with money laundering, which obliged lawyers to report suspicions while …”

doi.org/10.5771/9783845275406

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James J. Brosnahan

Justice at Trial

2023

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Chapter Two. Learning to Be a Lawyer S. 10-18

„… unexpected moment where the lawyer must “play it on the fly.”I have never forgotten Alice Secody, Danny, her …” „… Chapter TwoLearning to Be a LawyerOn April 10, 1961, my first day as a federal prosecutor, the only …” „… law gave Wollenberg no choice. His law-yer, standing to Harrington’s right, said a few meaningless …”

Chapter Seventeen. Two Lawyers Are Murdered in Northern Ireland S. 207-217

„… meaningful investigations into the murders of the two lawyers.Two American lawyers from California and New …” „… 207Chapter SeventeenTwo Lawyers Are Murdered in Northern IrelandAs a young lawyer, I studied …” „… biographies of trial lawyers to learn how to improve my courtroom skills. I read biographies of Irish …”

Preface

„… , James J. | Lawyers--United States--Biography. | Trial practice--United States. | LCGFT …” „… be lawyers.I had an interesting identity crisis. I bought a laborer’s cap, wore a floor-length coat …” „… Justice at TrialPraise for Justice at Trial“James Brosnahan is a great trial lawyer, one long …”

Chapter Four. The Pressures of a National Case S. 33-44

„… standing on the line. Professional risk is a daily reality for trial lawyers.That day walking out of …” „… their best clothes to impress the lawyers.The press coverage revealed Silverthorne’s weekend trips to …” „… is a big case? One leading personal injury lawyer from Ohio told me, “If I’m in the case, it’s a big …”

Chapter Three. San Francisco Beckons S. 19-32

„… LEARNED FROM OTHER TRIAL LAWYERSIn court, I learned from some of the best-known trial lawyers that San …” „… lawyers on North Central Avenue in Phoenix, sip-ping my Heineken with Neil Horton, a federal judge’s law …” „… great trial lawyers in San Francisco. I wanted to go up against the best. San Francisco and Berkeley …”

Index S. 237-250

„… Innocent trial, 89appointment system, for civil lawyers to criminal defense cases, 4Aquino, Benigno, 105 …” „… ; Kennedy, John, F., as influence on, 28–31; as law professor, 227–31; in Lawyers for Kennedy group, 51 …” „… , civil lawyers and: appointment system and, 4; in criminal cases, 4Clark, Anthony, 132class action …”

Conclusion: Who Am I Now? S. 227-236

„… be the prosecutor or defense lawyer.” As they make their judgments, I probe their reasons, “Did you …” „… challenge her because she’s a woman? What were your reasons? There’s a criminal lawyer in Texas that always …” „… is a historical subtext in her voice. Weddington demonstrates the courage it takes for lawyers to …”

Chapter Eight. The First Amendment Defense of a Television Movie S. 73-92

„… , and Morrison lawyers had referred clients to me. I learned from some of his partners that Bob had been …” „… the best securities and antitrust lawyers in the country, were swamped with work. “We have too many …” „… trials and too few trial lawyers,” Bob said several times.The next day on a plane to New York, I told …”

Chapter Seven. Defending the Chronicle’s Right to Publish S. 63-72

„… free-born subject to make (a speech). — Defense lawyer during the famous free speech trial of John Peter …” „… lawyer’s ability to tell the CEO the truth. CEOs are not always told bad news.”Over the years, I took …” „… a lawyer who is not afraid of criminal court.I found Mr. Thieriot to be decisive, intellectually …”

About the Author S. 251-252

„… Law School. He tried cases as a federal prosecutor, a criminal defense lawyer, a civil defense lawyer …” „… , a plaintiff’s personal injury lawyer, a First Amendment lawyer, an intellectual property lawyer, a …” „… securities lawyer, and an admiralty lawyer. Inducted into legal honorary societies, he authored the Trial …”

Chapter Five. Defending Criminal Cases at Last S. 45-52

„… had been taking lawyers, clients, and witnesses up to law firms since the building opened in 1896. I …” „… $13,500 a year, I had been hired by a ten-lawyer firm that went to trial often.Sheldon Cooper, sixty-two …” „… other lawyers could teach me how to represent clients in a civil practice.46 Chapter FiveDuring that …”

Chapter Twelve. Defending Religion on the Mexican Border S. 131-152

„… trial lawyer in Arizona, had asked me to take Socorro’s case.Located next to the American border south …” „… lawyers to understand her world. After preparing a large bag of hot dogs and chips, she took us to the …” „… suddenly began to gesture at the men and the lawyers to form a circle. She organized a prayer. Holding …”

Chapter Fifteen. Iran-Contra: Prosecuting Secretary of Defense Caspar Weinberger S. 177-198

„… up the pen by the sign-out book when a man plucked the pen out of my hand. Without a word, a lawyer …” „… Constitution Avenue. Make no mistake; I knew I would accept the case. Lawyers more sensible than I would surely …” „… find professional excitement in some other way. Trial lawyers are not always sensible. What would …”

Chapter Sixteen. An Innocent Man Walks Out of Jail Seventeen Years Later S. 199-206

„… 200 Chapter Sixteenwill listen to protestations of innocence. No one except a handful of lawyers who …” „… lawyers from another volunteer law firm had assisted her. After hearings in Fresno federal court, Linda …” „… those kids; why does he get a lawyer?”“He got a new trial. He had a terrible lawyer.” I stopped talking …”

Chapter Nine. Did I Make a Mistake Going on the Road to Hawaii? S. 93-98

„… lawyer of extraordinary talent, full of energy, charm, brilliance, and ambition. She was a mother, wife …” „… heard stories of local lawyers speaking Hawaiian to juries. What am I doing here?Our client was a former …” „… Francisco trial lawyer, raised in Boston, planning to select a criminal jury in Honolulu federal court.I …”

Chapter One. The Murder of Alice Secody on the Navajo Reservation S. 1-9

„… entitled to a lawyer in federal court.Judge David W. Ling had been the only federal judge in the area north …” „… States of America versus Lester Buatte.”A young lawyer, Thelton Beck, sat in the courtroom, waiting to …” „… argue his civil motion. In those days, many civil trial lawyers were appointed to handle criminal cases …”

Chapter Fourteen. Exciting Times in the US Supreme Court S. 159-176

„… lawyer, the loneliest place on earth is on the road, in a hotel room, the night before a big argument. In …” „… Supreme Court took the case. My client John Andrews’s trial lawyer, Bernard Petrie, retained me to argue …” „… , befitting his status as one of the best government appellate lawyers. “Thank you, Mr. Chief Justice, and may …”

Chapter Eleven. An Awesome Woman Successfully Stands Up to a Powerful Man S. 117-130

„… team filled a large workroom in the San Jose Fairmont Hotel. Each lawyer worked at a separate table …” „… lawyers and staff.Two sleep-deprived associates tapped loyally at their computer keyboards to retrieve …” „… to a Powerful Man 119I MEET THE CLIENT THAT NIGHTTrial lawyers understand that new cases come like …”

Chapter Six. A Jury Does Justice S. 53-62

„… his desk. Later, another defense lawyer proudly told me, “I disarranged some of his desk items with my …” „… reputation for bullying lawyers and defendants—and enjoying it. I had to be polite to him no matter what …” „… moved on to what I hoped would be a persuasive point. I learned from other trial lawyers that you must …”

Chapter Eighteen. They Are Stealing Our Vote S. 218-226

„… to get to work.Trial lawyers conjure memories of events based on the evidence we hear in courts, and …” „… Hall. I entered the chambers of the mayor of Belfast, John Finucane, son of the martyred lawyer Patrick …” „… courtroom on this day ready to argue for this client? I have come to believe a client selecting a lawyer is …”

Chapter Ten. The FBI Rigged the Evidence S. 99-116

„… of lawyers that clients knew I would have as support if they retained me.We arranged for Steve’s bail …” „… hardest parts of being a trial lawyer is finding the patience to wait for certain things to happen. I had …” „… career as a young trial lawyer, I might have overstressed the letter by bringing in a linguist to explain …”

Chapter Thirteen. Ever Want to Cross-Examine Your Doctor? S. 153-158

„… six western states, and with the help of thirty-five Morrison lawyers, I defended a company that made …” „… that the plaintiff’s lawyer prove the implants actually caused the plaintiff’s illness, the jury would …” „… sense is your legal guiding light.”The plaintiff’s lawyer asked the jury for several million …”

doi.org/10.5771/9781538174449

Berkley W. Duck - Twilight at Conner Prairie

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Berkley W. Duck

Twilight at Conner Prairie

2011

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Ch07. The Negotiations with Earlham’s Lawyers S. 78-89

„… Prairie C H A P T E R S E V E NThe Negotiations with Earlham’s LawyersBook 1.indb 78 3/29/11 5:10 …” „… from its governance committee to its lawyers, reflecting recognition that a formal, binding agreement …” „… AMThe Negotiations with Earlham’s Lawyers 79and wanted some third-party controls over the appointment …”

Ch05. The Governance Discussions Become Confrontational S. 61-67

„… Earlham’s lawyers on the subject of the Lilly gifts and a “stewardship” statement that had been presented to …” „… matters the attorney general acted like any other lawyer. When he uncovered a matter in which the public …” „… action.” He reported that, in the opinion of Earlham’s lawyers, our views of the issues were without …”

Preface

„… Confrontational 61Chapter 6 The Mediation Effort 68Chapter 7 The Negotiations with Earlham’s Lawyers 78Chapter 8 …” „… Earlham received from its lawyers, and leaders of the independence movement were (or had been) practicing …” „… minimum and to explain terminology that may not be familiar to non-lawyers.The Conner Prairie story also …”

Ch02. The Development of Earlham’s Endowment Management Policies S. 30-43

„… correspondence between Lilly and his lawyer in which Lilly expressed agreement with his lawyer’s advice that he …” „… idea. . . . If your interpretation has not been checked and cleared with the Col-lege’s lawyer, I would …” „… Byron Hollett, Lilly’s lawyer, “had reviewed and recom-mended” the adoption of the statement of …”

Ch06. The Mediation Effort S. 68-77

„… the museum was held June 19, 2002. Ben Blanton, an Indianapolis lawyer famil-iar with the …” „… trustees had brought the college’s lawyer (Lee McTurnan) into their deliberations. Church sent an e-mail to …” „… memorandum from its lawyers that concluded that it was blameless in its administration of the Lilly gifts …”

Ch15. Sunrise S. 167-173

„… public’s lawyer in the pending proceedings, with the weight of his office behind the presentation of the …” „… terms.At the hearing, the lawyers for Earlham and the attorney general de-scribed the settlement to the …”

Ch08. The Sun Goes Down over Conner Prairie S. 90-97

„… negotiated terms of engagement that permitted the firm’s lawyers to get up to speed and be in a position to …” „… the Earlham proposal, notwithstanding the obvious threat. The negotiations with Earl-ham’s lawyers had …”

Ch11. Waiting and Thinking S. 121-128

„… Herbst, who had retained a lawyer to pursue his claims for wrongful termination of his employment, while …” „… lawyer, castigating us for sending our October 31 letter to the Book 1.indb 125 3/29/11 5:10 AM126 …”

Ch04. The Governance Discussions Shift to Autonomy for the Museum S. 57-60

„… disclosed that it had sought le-gal advice on the issue, and that its lawyers had said that the museum could …”

Ch10. The Issues Take Shape S. 107-120

„… attorney general’s inquiry. We agreed with Mutz that he could send to Earlham’s lawyer, Lee McTurnan, the …” „… former practicing lawyer, was the judge of the Indiana Tax Court.But the most candid views on Earlham’s …”

Ch09. Retreat and Reorganization S. 98-106

„… Earlham and Save the Prairie. Mutz was a lawyer who had been in private practice for several years, but …”

Ch01. The Development of Conner Prairie S. 4-29

„… or his lawyer following the June 12 letter, as the next document in the record is a letter signed by …” „… with a letter to Earlham dated September 18, 1974 (a copy of which he sent to his lawyer), in which he …”

Ch13. The Hamilton County Lawsuit S. 150-159

„… . “Landrum Bolling or an Indianapolis society lawyer?” In an accompanying editorial, the Palladium-Item …”

Ch17. Assessments S. 179-196

„… the matter, and the college spent over one and one-half million dollars on lawyers and public …”

Ch12. The Attorney General Rolls Out His Strategy S. 129-149

„… Endowment Fund for the support of the college’s operations, including the cost of its lawyers and public …”

doi.org/10.5771/9780759120129

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Robert Litan

Resolved

2020

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Debating Skills Are Not Just for Future Lawyers S. 115-135

„… 115FIVEDebating Skills Are Not Just for Future LawyersThe perception is widespread that debate is …” „… Lawyerstrepreneurs and those who assist them (accountants, lawyers, and fi-nanciers, among others) frequently …” „… LawyersThe importance of this desire- for- learning mindset cannot be over-stated, especially in this age of …”

Index S. 191-0

„… of, 38–39; DCI leading to, 75; educa-tional benefits of, 39–44; example, 24–25b; for future lawyers …” „… , John, 131–32Lawyers, 115–16Lazear, Ed, 130Leadership for DCI, 173–74Lecture format of teaching, 8, 77 …” „… government, as a practicing lawyer, and as an executive of the Kauffman Foundation and Bloomberg Government.J …”

Preface

„… government, as a practicing lawyer, and as an executive of the Kauffman Foundation and Bloomberg Government.J …” „… Lawyers 115SIX Objections and Challenges to 136 Debate- Centered InstructionSEVEN A Political Roadmap …”

Improving Education and Healing America through Debate-Centered Education S. 1-18

„… lawyer Brian Huf-ford recounted to me that his teacher in a “citizenship class” in 9th grade had the …” „… minister, United KingdomLawrence Tribe Constitutional lawyerMalcom X African American leader …”

Competitive Debate as a Model for Education Reform: Virtues and Limits S. 19-44

„… many teams is what lawyers call “slip-pery slope” arguments; others label them the “parade of horribles …” „… . Good lawyers do this all the time, conducting mock argu-ments or cross- examinations that prepare them …”

Beyond Competition: Debate-Centered Instruction for All S. 45-84

„… debate, and ultimately turned out to a highly successful trial lawyer— is an ex-ample of how this …” „… cumulative weight of these one- off publications at the very least establishes what lawyers would call a …”

Debate-Centered Instruction Can Help Revitalize Our Democracy S. 85-114

„… the course of researching this book, supports what lawyers would call a prima facie case, or a …”

doi.org/10.5771/9780815737889

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