Civil Procedure: Theory & Practice 3E

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  • Publish Date: 2009-08-04
  • Binding: Hardcover
  • Author: Linda J. Silberman;Allan R. Stein;Tobias Barrington Wolff

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Civil Procedure: Theory and Practice, Third Edition, offers comprehensive coverage that integrates a Socratic approach to doctrinal analysis with contextual strategic lawyering perspectives—and the opportunity to explore challenging theoretical questions. A highly effective pedagogical innovation—the <b><i>Anatomy of a Litigation</i></b> case study chapter—leads students through the litigation process, using landmark cases as teaching tools. Students apply strategy and theory to gain a deeper understanding of the connections between the classroom and the courtroom. <b>Helping students to recognize the importance of civil procedure in litigation, authors Silberman, Stein, and Wolff provide</b>: <ul> <li> <b>traditional doctrinal analysis</b> and the <b>Socratic Method</b> </li> <li> <b>introductory text, examples, and hypotheticals</b> that prepare students to analyze cases and understand theory and strategy </li> <li> a<b> helpful overview</b>, in the first chapter, of the entire litigation process—exemplified by landmark case <i>N.Y. Times v. Sullivan</i>—and incorporating <b>real pleadings and discovery materials</b> to introduce the basic elements of civil litigation </li> <li> <b><i>Anatomy of a Litigation</i></b>—a case study chapter that leads students systematically through the litigation process from pleadings to verdict, requiring students to apply theory and strategy to a factually complex tort case </li> <li> <b>comprehensive coverage</b> that includes in-depth treatment of personal and subject-matter jurisdiction, joinder, preclusion, and alternative dispute resolution </li> <li> <b>clear and straightforward introductions</b> to cases that provide background and facilitate analysis </li> <li> <b>Notes and Questions</b> that frame deep, conceptual issues and provide the beginning of the answer as a starting point from which to develop strategic and critical thinking skills </li> <li> <b>incisive selection of both leading and high-interest cases</b> </li> <li> <b>balanced case editing</b> that includes lightly edited cases for analysis and tightly edited cases to cover more conceptual ground and exemplify strategic objectives </li> <li> a <b>flexible organization</b> that is readily adapted to a variety of teaching goals </li> <li> a <b>detailed Teacher’s Manual</b> that includes suggestions for structuring the course and sample syllabi </li> </ul> <b>The timely Third Edition features</b>: <ul> <li> the <b>Restyled Federal Rules of Civil Procedure,</b> fully incorporated into the book and including annotations to principal cases where Rule language requires updating </li> <li> a <b>thorough treatment of pleading developments</b> under the Supreme Court’s landmark decision in<i> Bell Atlantic v. Twombly</i>—a watershed case in federal civil practice </li> <li> <b>expanded discussion of the preclusion doctrine</b>, including the Supreme Court’s decision on the issue of <b><i>virtual representation</i></b> and the implications of that decision for the foundations of preclusion </li> <li> <b>updated coverage of alternative dispute resolution</b> that draws on empirical and multidisciplinary literature </li> <li> recent developments in <b>class action litigation</b> and the explosion of lower-court rulings since passage of the <b>Class Action Fairness Act of 2005</b> </li> <li> <b>increased comparative and transnational perspective</b> ,particularly in the jurisdiction and recognition of judgments </li> </ul> <p> <b>*A Teacher’s Manual may be available for this book. Teacher’s Manuals are a professional courtesy offered to professors only. For more information or to request a copy, please contact Aspen Publishers at 800-950-5259 or</b> </p> <p> </p> <p> </p>

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