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It's the law : a practical guide to how the law affects you
Publicado 2004Tabla de Contenidos: “…Contents:Home life - family law, divorce, separation, child care; Bricks and mortar - house buying and selling, developing and altering, renting, neighbours, boundaries; Shopping - consumer rights, credit, shoplifting; Accidents and illness - compensation claims, accidents at work, work-related diseases, medical negligence; At work - Employment rights, contracts, health and safety at work, dismissal, redundancy, strikes, maternity, discrimination, employment tribunal cases; Benefits - eligibility, appeals against refusal of claims; Crime and punishment - individual crimes and offences, courts system, trials, sentencing, legal aid; Civil law - courts, procedures, personnel, legal aid; Human rights; Lawmaking - legislators, Scottish and British Parliament's judges; Death - wills, intestacy, executors and court procedures, winding up estates; Appendices - contact details for helpful organisations.…”
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Principles of alternative dispute resolution /
Publicado 2007Tabla de Contenidos: “…Preface Note to teachers Acknowledgments Chapter 1: Introduction 1-1: Overview 1-2: Disputes 1-3: Resolution of disputes 1-4: Processes of dispute resolution 1-5: Definitions of litigation and ADR a: ADR as alternatives to litigation b: Litigation as the default process 1-6: Introductions to major ADR processes a: Negotiation b: Mediation and other processes in aid of negotiation c: Arbitration 1-7: Basic division within ADR: arbitration vs everything else a: All ADR processes can produce binding results 1: Negotiation 2: Mediation and other processes in aid of negotiation 3: Arbitration b: Arbitration is the only ADR process that can produce binding results without a post-dispute contract c: Arbitration or litigation casts the shadow in which negotiation and processes in aid of it occur d: Implications for categorizing and comparing processes 1-8: Broader perspectives on ADR a: ADR diversity b: Cool and warm themes; the cost and quality of dispute resolution c: Lawyers and ADR Chapter 2: Arbitration And Similar Processes A: Overview 2-1: Arbitration defined 2-2: Contractual arbitration and non-contractual arbitration; constitutional right to jury trial 2-3: Arbitration law summarized a: Post-dispute and pre-dispute agreements to arbitrate b: Enforcement of arbitration agreements c: Arbitration process d: Enforcement of arbitrator's decision or "award" B: Sources of contemporary American arbitration law 2-4: Federal law a: Pro-contract b: Court orders to arbitrate; specific performance of arbitration agreements c: Broad applicability 2-5: State law a: Arbitration law b: Non-arbitration law C: FAA preemption of state law 1: Evolution of case law on FAA preemption 2-6: Federal arbitration law as (non-preemptive) procedural law 2-7: Federal arbitration law as (preemptive) substantive law 2-8: FAA creates no federal jurisdiction 2: Preemption of state law impeding contract enforcement 2-9: Generally 2-10: State law prohibiting courts from enforcing arbitration agreements 2-11: State law prohibiting courts from enforcing arbitration agreements with the remedy of specific performance 2-12: State law making arbitration agreements unenforceable with respect to certain claims 2-13: State law making arbitration agreements in certain types of transactions unenforceable 2-14: State law raising the standard of assent for contract formation 3: Choice-of-law clauses 2-15: Introduction 2-16: Volt case 2-17: Mastrobuono case 4: Insurance arbitration 2-18: McCarran-Ferguson and the FAA D: Formation of enforceable arbitration agreements 1: Separability 2-19: Prima paint case 2-20: Buckeye case 2-21: Applications of separability 2: Formation 2-22: Mutual manifestations of assent a: Contract law's objective approach b: Recurring fact patterns 2-23: Consideration 3: Contract law defenses to enforcement 2-24: Defenses subject to separability doctrine 2-25: Unconscionability a: Generally b: FAA's constraint on the scope of the unconscionability doctrine c: Arbitration organizations' policing against unconscionability d: Public policy and child custody 2-26: Waiver of the right to arbitrate 4: Non-contract law defenses to enforcement: federal statutory claims and public policy 2-27: Toward universal arbitrability 2-28: Current in arbitrability a: Simple in arbitrability 1: Labor arbitration 2: Automobile dealers and military personnel b: Arbitrability with strings attached: the effectively vindicate doctrine E: Interpretation of arbitration agreements 1: Contractual arbitrability 2-29: Introduction 2-30: Generally decided by courts 2-31: Contractual and non-contractual approaches 2: Multi-party disputes 2-32: Claims by or against those not party to the arbitration agreement a: Party plaintiff vs non-party defendant b: Non-party plaintiff vs party defendant 2-33: Consolidation of, and stays pending, related proceedings 2-34: Class actions 3: Arbitration procedure 2-35: Overview 2-36: Pre-hearing a: Selection of arbitrator(s) 1: Methods of selection 2: Arbitrator fees 3: Judicial and regulatory constraints on party selection of arbitrator(s) b: Pleadings c: Filing fees (and un-administered arbitration) d: Discovery 2-37: Hearing a: General comparison with trial b: Role of lawyers c: Rules of evidence d: No hearing; dispositive motions e: Written awards; reasoned opinions 2-38: Remedies a: Determined by contract, within limitations 1: Generally determined by contract; the Mastrobuono case 2: Limitations on contract; the book case b: Typical contract terms c: Consequences of limiting remedies in arbitration 4: Governing substantive law, if any 2-39: Substantive law applied in arbitration F: Effect of arbitration award 1: Enforcement of arbitration award 2-40: Confirmation 2-41: Claim preclusion (res judicata) a: Generally applicable b: Labor exception 2-42: Issue preclusion (collateral estoppel) 2: Vacatur of arbitration award 2-43: Introduction a: Vacatur is rare b: Statutory and non-statutory grounds 2-44: Statutory grounds a: Corruption, fraud or undue means b: Evident partiality or corruption c: Fundamentally fair hearing d: Exceeded powers 2-45: Non-statutory grounds a: Error of law, including manifest disregard 1: Narrow ground for Vacatur 2: Recent expansion b: Public policy c: Grounds created by contract 2-46: Federal preemption of state law a: State grounds for Vacatur broader than federal b: State grounds for Vacatur narrower than federal G: International arbitration 2-47: Introduction: public law arbitration and commercial arbitration 2-48: New York convention a: Basic provisions b: Effect of United States ratification c: Significance 2-49: Practice of international commercial arbitration H: Employment arbitration and labor arbitration 2-50: Conventional distinction between "employment" and "labor" 2-51: FAA's exclusion of certain "contracts of employment" 2-52: Employment arbitration 2-53: Labor arbitration a: LMRA rather than FAA b: Practice of labor arbitration 1: Two peculiarities 2: Labor law and CBAs c: Few arbitrable claims 1: Law 2: Union, not employee, controls arbitration 3: Narrowly drafted arbitration clauses d: Interest arbitration I: Processes similar to arbitration 2-54: Private judging ("rent-a-judge") 2-55: Non-contractual, yet binding, arbitration a: Introduction b: Examples 1: Federal programs 2: Government employees-federal 3: Government employees-state and local 4: Railway Labor Act 5: State "lemon" laws 6: State auto insurance laws 7: Attorney fee disputes. 3: Negotiation A: Negotiation contexts 3-1: Dispute negotiation and transactional negotiation 3-2: Dispute negotiation and lawyers; settlement negotiation defined 3-3: Settlement negotiation and the shadow of the law 3-4: Bilateral monopoly of settlement negotiation B: Settlement/litigation choice 3-5: Valuing a case a: Introduction to case valuation b: Factors lawyers and clients should consider in valuing a case c: Timing of the settlement/litigation choice d: Risk aversion and diversification 1: Risk aversion 2: Diversification e: Expected value, BATNA and the bottom line f: Psychological barriers to valuing a case accurately 1: Availability bias 2: Anchoring bias 3: Egocentric biases 4: Overconfidence bias g: Valuation of criminal cases 3-6: Disagreements between lawyer and client about the settlement/litigation choice a: Generally b: Legal fees 1: Hourly billing 2: Contingency fees 3: Retainers and other fixed-fees (especially in criminal practice) 4: Legal fees paid through liability insurance c: Professional responsibility C: Negotiation theory 3-7: Zero-sum and positive-sum 3-8: Zero-sum (distributive) negotiation 3-9: Positive-sum (integrative) negotiation a: Example on the time value of money b: Importance of multiple issues 3-10: Positive-sum (integrative) negotiation is not always worthwhile, or even possible 3-11: Bottom lines and settlement zones a: Case valuations determine bottom lines which determine settlement zones b: Predictions about the results of litigation 1: Predictions that usually (but not always) result in a settlement zone 2: Predictions less likely to result in a settlement zone: cases of over-optimism c: Conclusion 3-12: Settlement zone does not ensure settlement (barriers to settlement) a: Ignorance of settlement zone's existence or boundaries b: Dividing the value created by settlement 3-13: Bottom lines and settlement zones in positive-sum (integrative) negotiation D: Approaches to negotiation 3-14: Terminology 1: Adversarial/competitive approach 3-15: Opening offers 3-16: Few and small concessions 3-17: False concessions 3-18: Concession tricks and escalation tactics 3-19: Deception and information 3-20: Misinformation about bottom lines and the strength of your case a: Generally b: Lying about one's bottom line c: Projecting confidence in one's case and lack of interest in settling d: Effect of misinformation about bottom lines 3-21: Psychological warfare a: Anger, threats, ridicule, accusation and intimidation b: Negotiate on your own turf c: Outnumber your counterparts d: Negotiate when you have time and your counterpart does not e: Lack of authority f: Locked into position g: Feign irrationality h: Wolf in sheep's clothing 3-22: Drawbacks of the adversarial/competitive approach 2: Cooperative approach and the prisoner's dilemma 3-23: Cooperative approach 3-24: Prisoner's dilemma and the importance of reputation a: Prisoner's dilemma b: Importance of reputation and the incentive to cooperate 3-25: Tactics for a cooperative lawyer with an adversarial/competitive counterpart 3: Problem-solving approach 3-26: Overview of problem-solving a: Positive-sum b: Coinciding interests (with a tax law example) c: Logrolling multiple issues d: Tactics listed 3-27: Interests, not positions 3-28: Communicating your side's interests 3-29: Variety of solutions 3-30: Drawbacks of the problem-solving approach 4: Gender, culture, race and ethnicity 3-31: Gender 3-32: Culture, race and ethnicity E: Preparing for negotiation 3-33: Introduction 3-34: Identifying your client's interests, bottom line and specific goals 3-35: Identifying other party's interests, bottom line and specific goals 3-36: Adjusting during negotiation a: Adjusting approaches during negotiation b: Adjusting your bottom line during negotiation 3-37: Specific preparations F: Law governing settlement 3-38: Criminal and tort law; "good faith" in negotiation 3-39: Sales law a: Legal effects of releases and settlement agreements 1: Releases 2: Settlement agreements b: Grounds for non-enforcement 1: Duress and unconscionability 2: Misrepresentation and mistake 3: Requirement of a writing 4: Public policy c: Entering judgment on settlement (consent decree) d: Plea agreements 3-40: Agency law 3-41: Multiple parties: indemnity, contribution and Mary Carter agreements 3-42: Confidentiality a: Generally b: Confidentiality agreements prior to or during litigation c: Rules of evidence and discovery d: Confidentiality clauses in settlement agreements G: Settlement/litigation choice: broader perspectives 3-43: Normative views on the prevalence of settlement 3-44: Resources 3-45: Dispute resolution vs public justice. 4: Mediation And Other Processes In Aid Of Negotiation A: Overview 4-1: Mediation's popularity 4-2: Mediation defined 4-3: Dispute mediation and transactional mediation 4-4: Mandatory mediation and voluntary mediation B: Goals of dispute mediation 4-5: Generally 4-6: Settle cases 4-7: Positive-sum or problem-solving 4-8: Moral growth C: Mediation process 4-9: Goals shape process 4-10: Mediation process generally a: Participants b: Starting to mediate c: Joint sessions, private caucuses and shuttle diplomacy d: Facilitating communication 1: Direct communication 2: Indirect communication e: Settlement offers f: Agreements 4-11: Identifying settlement zones and overcoming barriers to settlement 4-12: Positive-sum a: In general b: Coinciding interests c: Logrolling multiple issues d: Trusted intermediary combining information 4-13: Evaluation by the mediator a: Appeal of evaluation b: Concerns about evaluation 1: Interests vs rights 2: Is "evaluative mediation" an oxymoron? …”
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The science of psychology : an appreciative view /
Publicado 2008Tabla de Contenidos: “…Social psychology Social cognition Social behavior Altruism Aggression Social psychology and developmental psychology Social influence Conformity and obedience Group influence Intergroup relations Group identity Prejudice Interethnic relations Close relationships Attraction Love Social psychology and health and wellness The healing power or writing Social isolation and life's transitions 13. …”
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The English teacher's companion : a complete guide to classroom, curriculum, and the profession /
Publicado 2003Tabla de Contenidos: “…457 (2) Endnote: The Political Context 459 (2) Reflection Activity Recommendations Joining the Professional Conversation 461 (1) Regional and National Conventions 461 (2) Virtual Conversations: The Online Community 463 (2) Endnote: The Great Conversation 465 Reflection Activity Recommendations APPENDICES A Writing Student Recommendation Letters 1 (4) B Helping Students Write College Application Essays 5 (6) C How to Read a Short Story 11 (1) D 103 Things to Do Before/During/After Reading 12 (2) E How to Help Your Child Write Better 14 (1) F Components of an Effective Presentation or Speech 15 (1) G Classroom Self-Evaluation/Checklist 16 (1) H New Teacher Checklist 17 (1) I A Concise Glossary of Literary Terms 18 (2) J The Timetables of Teaching High School English 20 (2) K The History of the Relationship Between the Text, the Reader, and the Teacher 22 (1) L Santa Monica High School Textbooks by Grade Level 23 (3) M Santa Monica High School Summer Reading Lists 26 (5) N Works Cited 31 Index 1…”
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Human behavior in the social environment /
Publicado 2006Tabla de Contenidos: “…Theory: The Foundation of Social Work 1 (18) Defining Human Behavior in the Social Environment 2 (12) Knowledge, Theories, and Social Work 3 (1) Use of Theories and Empirical Knowledge in Social Work 4 (1) The Debate over Theory in Social Work 5 (3) What It Means to Be Eclectic 8 (1) The Single Theory Argument 9 (1) The Argument for Eclecticism 10 (1) Evaluating the Quality of Knowledge and Theory 11 (3) Relating Knowledge of Human Behavior to Other Social Work Content Areas 14 (1) Using This Book to Think about Human Development and Social Work Practice 15 (1) Conclusion 16 (1) Main Points 17 (1) Exercises: Practicing Social Work 17 (1) Exercises: The Social Work Library 18 (1) Lenses for Conceptualizing Problems and Interventions: The Person in the Environment 19 (30) Micro, Mezzo, and Macro Levels of Conceptualization 20 (6) Applying the Micro, Mezzo, and Macro Levels of Conceptualization 21 (4) Critiquing the Micro, Mezzo, and Macro Levels of Conceptualization 25 (1) The Biopsychosocial Approach 26 (3) Applying the Biopsychosocial Approach 27 (1) Critiquing the Biopsychosocial Approach 28 (1) Systems Theory 29 (6) Applying Systems Theory 32 (1) Family Subsystems and Boundaries 32 (1) Roles and Homeostasis 33 (1) Input and Output 33 (1) Entropy 34 (1) Critiquing Systems Theory 34 (1) Ecological Theory 35 (7) Applying Ecological Theory 39 (1) Critiquing Ecological Theory 40 (1) Combining Ecological and Systems Theories: An Ecosystems Approach 41 (1) The Strengths Perspective 42 (4) Applying the Strengths Perspective 44 (1) Critiquing the Strengths Perspective 45 (1) Conclusion 46 (1) Main Points 46 (1) Exercises: Practicing Social Work 47 (1) Exercises: The Social Work Library 48 (1) Lenses for Conceptualizing Problems and Interventions: Biopsychosocial Dimensions 49 (31) The Disease Model 50 (6) The Medical Model 50 (1) Applying the Medical Model 51 (4) Critiquing the Medical Model 55 (1) Theories of Cognitive Development 56 (4) Piaget's Theory of Cognitive Development 56 (2) Applying Piaget's Theory 58 (1) Critiquing Piaget's Theory 59 (1) Psychodynamic Theories 60 (9) Freud's Theory of Psychosexual Development 60 (3) Applying Freudian Theory 63 (1) Critiquing Freudian Theory 64 (1) Erikson's Theory of Psychosocial Development 65 (2) Applying Erikson's Theory 67 (1) Critiquing Erikson's Theory 68 (1) Behavioral and Learning Theories 69 (5) Classical Conditioning 69 (1) Operant Conditioning 70 (1) Social Learning Theory 71 (1) Applying Learning Theory 72 (1) Critiquing Learning Theory 73 (1) Humanistic and Existential Perspectives 74 (3) Person-Centered Therapy and Transactional Analysis 75 (1) Applying and Critiquing Humanistic and Existential Perspectives 76 (1) Conclusion 77 (1) Main Points 77 (1) Exercises: Practicing Social Work 78 (1) Exercises: The Social Work Library 79 (1) Lenses for Conceptualizing Problems and Interventions: Sociocultural Dimensions 80 (29) Sociological Theories 81 (17) Conflict Theory 81 (1) Marx and Conflict Theory 81 (3) Conflict Theories since Marx 84 (1) Applying Conflict Theory 85 (1) The Family 86 (1) Health Care 86 (1) Conflict Theory and Social Work 87 (1) Aisha's Case Revisited 88 (1) Critiquing Conflict Theory 89 (1) Functionalist Theory 90 (1) Manifest Functions, Latent Functions, and Dysfunctions 90 (1) Functionalist Theorists: Durkheim and Parsons 91 (1) Applying Functionalist Theory 91 (1) Education and Language 91 (1) Functionalist Theory and Social Work 92 (1) Aisha's Case Revisited 92 (1) Critiquing Functionalist Theory 93 (1) Symbolic Interaction Theory and Social Constructionism 94 (2) George Herbert Mead 96 (1) Erving Goffman 96 (1) Applying Symbolic Interaction Theory 97 (1) Body Piercing 97 (1) Aisha's Case Revisited 97 (1) Critiquing Symbolic Interaction Theory 97 (1) Feminist Theory 98 (4) Branches of Feminist Theory 99 (2) Applying and Critiquing Feminist Theory 101 (1) Cultural Perspectives 102 (5) Defining Culture 103 (1) Cultural Perspectives and Social Work 104 (1) Applying and Critiquing Cultural Perspectives 105 (2) Conclusion 107 (1) Main Points 107 (1) Exercises: Practicing Social Work 108 (1) Exercises: The Social Work Library 108 (1) Lenses for Conceptualizing Problems and Interventions: Social Change Dimensions 109 (26) Theories of Racism, Discrimination, and Oppression 110 (10) Racism 111 (4) Discrimination and Prejudice 115 (1) Theories of Prejudice 116 (1) Prejudice and Social Work 117 (1) Oppression 118 (1) Applying Theories of Racism, Discrimination, and Oppression 118 (1) Critiquing Theories of Racism, Discrimination, and Oppression 119 (1) Social and Economic Justice Perspectives 120 (3) Applying Social and Economic Justice Perspectives 122 (1) Critiquing Social and Economic Justice Perspectives 123 (1) Social Change and Social Action Perspectives 123 (4) Contemporary Social Action Perspectives 125 (1) Applying Social Change and Social Action Perspectives 126 (1) Critiquing Social Change and Social Action Perspectives 127 (1) Community Organization Theory 127 (5) How Social Work Defines and Perceives Community 128 (1) Community and Social Work Practice 129 (2) Applying and Critiquing Community Organization Theory 131 (1) Conclusion 132 (1) Main Points 133 (1) Exercises: Practicing Social Work 134 (1) Exercises: The Social Work Library 134 (1) Pre-Pregnancy and Prenatal Issues 135 (30) Developmental Milestones in the Fetus 136 (4) Growth Processes from Conception through Birth 136 (2) Low Birth Weight 138 (2) Pregnancy, Birth, and the Individual 140 (8) Planned and Unplanned Pregnancy 140 (1) Pregnancy in Later Life 141 (1) Fertility Issues 142 (1) Parents' Biological, Psychological, and Emotional Health 142 (1) Hazards to Fetal Development 143 (1) Birth Defects 144 (1) Alcohol and Drugs 145 (1) Rh Incompatibility 146 (1) Environmental Toxins 146 (1) Paternal Age 146 (1) Maternal Diseases 146 (1) Genetic Disorders 147 (1) Pregnancy, Birth, and the Family and Immediate Environment 148 (8) Access to Health Care 149 (1) The Relationship between the Birth Mother and Her Care Providers 150 (1) Control over the Childbirth Environment 150 (1) Episiotomies 151 (1) C-Sections 151 (1) Breastfeeding 152 (1) Doulas and Midwives 152 (1) Birthing Classes 153 (1) Adoption 153 (2) Workplace Policies 155 (1) Pregnancy, Birth, and the Larger Social Environment 156 (6) Effects of Poverty on Pregnancy and Birth 156 (1) Maslow's Hierarchy of Needs Model 156 (2) Poverty, Pregnancy, and the Hierarchy of Needs 158 (1) Social Policies Related to Pregnancy and Birth 159 (1) Medical Leave Laws 159 (1) International Family Planning 159 (2) Environmental Issues Related to Pregnancy and Birth 161 (1) Conclusion 162 (1) Main Points 162 (1) Exercises: Practicing Social Work 163 (1) Exercises: The Social Work Library 164 (1) Development in Infancy and Early Childhood 165 (29) Developmental Milestones in Infants and Young Children 165 (7) Language Acquisition 166 (1) Biological vs. 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