Legal Treatises by Subject

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What is a Legal Treatise?

Legal treatises, sometimes called loose-leaf treatises because of the method of updating them, are meant to serve as comprehensive analytical resources on particular areas of law. They are typically written by experts on the subject, and address major areas of the subject as well as issues or controversies that have arisen in that subject. Treatises are often quite comprehensive in scope, and in print form can take up many volumes. One notable example, Collier on Bankruptcy, has 19 volumes, plus 8 supplementary volumes and one volume for the index. Treatises must often balance comprehensive coverage with depth of coverage, so that is something to bear in mind when examining a treatise in your own subject. Often, treatises do more than explain what the law is. They outline the controversies, conflicting interpretations, trends, and possible future changes of laws, usually combining case law, statutory law, administrative law and any other applicable authority on their subject. Treatises give ample citations to relevant primary law (cases, statutes, regulations, etc.) to support their analysis and explanation. They are updated regularly as the law changes, often several times a year at least.

Why use a Treatise?

Such a rich source of information can be useful in several situations. If, for instance, you are unfamiliar with a particular area of law and would like a comprehensive overview of some subject, you might find a treatise to be useful. If you have a narrow question of law and are unsure of the context, a treatise could be useful. Treatises contain citations to cases and other authority that you can use to find a starting point for further research.

Administrative Law

Pierce, Richard J. Administrative law treatise. Austin [Tex.] : Wolters Kluwer Law & Business, Aspen Publishers, 2010 (2012 Supplement). [KF5402 .D316 2010]

This annually updated, practice-oriented treatise focuses on developments and trends in administrative law in addition to analysis of primary law. Pierce also covers procedural questions and agency discretionary power.

Koch, Charles. Administrative Law and Practice. 3rd ed. St. Paul, Minn : West, 2010. [KF5407 .K63 2010] [Available electronically via Westlaw Next to UNC Law Students and Faculty]

This practice guide treatise—aimed at administrative law attorneys—explores all of the ways that attorneys interact with administrative systems on the federal and state level. The first part examines internal procedures, such as agency rulemaking, and the second part deals with external controls, such as judicial review. Each section contains extensive analysis with cited cases and relevant supporting law.

Stein, Jacob A. Administrative Law. Newark, NJ : Matthew Bender, 2000- [Available electronically via Lexis Advance to UNC Law Students and Faculty]

This treatise examines the procedure of federal administrative law and the administrative process. It begins with some historical and background information before discussing agency organization, public information, rules and rulemaking, investigations, evidence, hearings, and judicial review among other topics.

Lubbers, Jeffrey S. A Guide to Federal Agency Rulemaking. Chicago : American Bar Association, Section of Administrative Law and Regulatory Practice, 2012. [KF5411 .L83 2012]

This work focuses on the complex procedures and rules which govern agency rule-making. It cites to the statutory framework of these procedures as well as case law, executive orders and other primary law which impacts rulemaking.

West’s Federal Administrative Practice . St. Paul, Minn. : West Pub. Co., 1999- [KF8840 .W4] No longer updated in print as of 2001. [Available electronically via Westlaw Next to UNC Law Students and Faculty]

Designed as a practical guide for attorneys, this treatise is intended to aid in handling matters before Federal departments and administrative agencies. It is organized around subjects of administrative law, including Workers’ Compensation, Energy, Transportation, Agriculture, Public Health and Welfare, and Federal Criminal Procedure among others. The first section outlines the organization of the federal government. Each section includes analysis, explanation, and citations to relevant statutory and case law.

Gidiere III, P. Stephen. The Federal Information Manual. Chicago : American Bar Association, 2006. [KF5753 .G53 2006] (Reserve Room) [Available electronically via Westlaw Next to UNC Law Students and Faculty]

This resource examines how the government collects, manages, and discloses information under FOIA and other statutes. It includes an overview of agency collection of information as well as records management and access to records. Sections on successful requests, reasons for withholding of federal records, and records litigation give a general sense of the types of information that is produced with requests. Relevant primary sources are cited, including a number of official online sources and web pages.

Agency Partnership

Gregory, William A. The law of agency and partnership. St. Paul, Minn. : West Group, 2001. [KF1345 .R48 2001] (Reserve Room)

This concise treatise is oriented towards student education about partnerships and agency. It is divided into two main sections: 1) agency, and 2) partnership and other unincorporated business units

Callison, J. William. Partnership Law and Practice: General and Limited Partnerships. 1992- [Available electronically via Westlaw Next to UNC Law Students and Faculty]

This treatise examines all substantive areas of general and limited partnership law, and focuses on recent developments in the law. Topics include: choosing an entity, financing, property management, rights and duties of partners, and dissolution among others.

Glover, Stephen I. et al. Partnerships, Joint Ventures and Strategic Alliances. 2013- [Available electronically via Lexis Advance to UNC Law Students and Faculty]

This practice-oriented treatise is heavy on strategies for understanding, negotiating and spotting potential problems while drafting documents for partnerships, joint ventures and other alliances. It includes checklists, sample language and forms to be used for deal documents.

Antitrust Law/Trade Regulation

Allen, Noel Lee. North Carolina unfair business practices. 3rd ed. Newark NJ : LexisNexis Matthew Bender, 2004- [KFN7630 .A95] [Full text available online to UNC-Chapel Hill Law School with password]

This treatise focuses narrowly on North Carolina’s General Statute § 75-1.1, which prohibits unfair business practices. The many cases, exceptions, exemptions and other materials which interpret and apply the law are discussed.

Hovenkamp, Herbert, Federal antitrust policy : the law of competition and its practice. 4th ed. St. Paul, Minn. : West, 2011. [KF1649 .H68 2011] (Reserve Room)

Federal Antitrust Policy is designed to give the user a brief but comprehensive overview of antitrust law. It not only analyzes black letter law as it exists, but also provides policy arguments for alternatives.

Areeda, Phillip E. Antitrust law : an analysis of antitrust principles and their application. New York : Aspen Law & Business, 2006- (Supplement 2012) [KF1649 .A8 2006]

A multivolume set, Antitrust Law has been cited by the courts on principles of antitrust law. It covers, among other topics, intellectual property and antitrust, predatory pricing, antitrust issues in certain areas (such as healthcare and media), territorial customer limitation, and contractual arbitration provisions. It cites extensively to relevant primary law in support of its analysis.

Von Kalinowski, Julian O. Antitrust Laws and Trade Regulation. Newark, NJ : Matthew Bender, 1981- [KF1645 .V65] [Available electronically via Lexis Advance to UNC Law Students and Faculty]

Designed to keep attorneys up to date on the latest developments in antitrust laws and trade regulations, this is a practice-oriented treatise. It includes analysis of type of antitrust violations as well as defenses to each, discussion of transactions impacted by particular acts, and examination of Federal Trade Commission and Antitrust Division of the Department of Justice procedures among others. The treatise examines federal law as well as law from all 50 states and some international framework.

Holmes, William C. Antitrust Law Handbook. New York, N.Y. : Boardman Co., 1983- [KF1632.5 .A57] [Available electronically via Westlaw Next to UNC Law Students and Faculty]

This treatise covers recent developments in antitrust law, and has extensive analysis on the implications and effects of major legislation (e.g. The Sherman Act, the Clayton Act, the Robinson-Patman Act). The work also covers antitrust exemptions and immunities and litigation procedure.

Kitner, Earl W. Federal Antitrust Law. Newark, NJ : Matthew Bender, 1980- [KF1649 .K52 1980] [Available electronically via Lexis Advance to UNC Law Students and Faculty]

This source includes intensive analysis and discussion of 75 years of Federal Trade Commission work in addition to comprehensive analysis of the development and current status of antitrust law.

Wilson, James A. State Antitrust Law. [Available electronically via Bloomberg BNA to UNC Law Students and Faculty]

Part of the Corporate Practice Series portfolios, this BNA resource provides detailed analysis of state antitrust law, including discussion on the interplay with federal laws, monopolies, horizontal and vertical restraints, mergers and acquisitions, predatory pricing and antitrust immunities.

Bankruptcy

Collier on bankruptcy. Alan N. Resnick and Henry J. Sommer, editors-in chief. 16th ed., New Providence, NJ : LexisNexis, 2009. [KF1524 .C654 16th ed.] [Full text available online to UNC-Chapel Hill Law School with password]

This preeminent treatise on bankruptcy is considered one of the most comprehensive sources available on the subject. It includes analysis on several specific issues in bankruptcy as well as discussions of jurisdiction and procedure. Each chapter of the Bankruptcy Code and each of the bankruptcy rules are given extensive treatment, and practice forms are included.

Norton, Jr., William L. Norton Bankruptcy Law and Practice 3rd. [Available electronically via Westlaw Next to UNC Law Students and Faculty]

Intended as a comprehensive survey of all aspects of bankruptcy law and procedure, this source contains sections on the Bankruptcy code and rules as well as a dictionary of bankruptcy terms.

Ginsburg, Robert E. and Martin, Robert D. Ginsburg & Martin on Bankruptcy. Austin, TX : Wolters Kluwer law & Business, 2008- [KF1524 .G562 5th] [Available electronically via Westlaw Next to UNC Law Students and Faculty]

This treatise is a practical “how-to” treatise for bankruptcy practice. It is organized around the steps of bankruptcy from petition to completion. Chapter 7, 11, 12, 13, and 15 cases are all covered, and sections on case management and forms aid in practice considerations.

Aaron, Richard I. Bankruptcy Law Fundamentals. St. Paul, MN : West, Thomson Reuters, 2011- [KF1524 .A73] [Available electronically via Westlaw Next to UNC Law Students and Faculty]

This practice-oriented guide follows the steps of a bankruptcy case in the usual sequence, and includes an overview distinguishing bankruptcy choices under various chapters (7, 11, 12, and 13).

Civil Procedure

Wilson G. Gray. North Carolina civil procedure. Newark, NJ. : LexisNexis, 2007. [KFN7930 .G73 2007] (Reserve Room) [Available electronically via Lexis Advance to UNC Law Students and Faculty]

Designed as a reference for practicing trial lawyers, this treatise gives an overview of major case law applying and interpreting civil rules of procedure. Some discussion of federal rules and cases is also included where relevant.

Friedenthal, Jack H. Civil procedure. St. Paul, MN : Thomson/West, 2005. [KF8840 .F72 2005] (Reserve Room)

This treatise covers the basic rules, principles and issues surrounding civil procedure in both federal and state courts.

Wright, Charles Alan. Federal practice and procedure. St. Paul, West Pub. Co., 1969- [KF8840 .W68 1969] [Full text available online to the UNC-Chapel Hill Law School with password]

This practical treatise is meant to be a comprehensive guide to all rules of procedure when practicing before the federal courts. It includes discussion of Criminal, Civil, and Evidence rules as well as jurisdiction and judicial review of administrative actions. It includes a handbook discussing the ins and outs of the federal judicial system and supplemental material updating the treatise’s contents.

Moore, James William. Moore's manual : Federal practice and procedure. Albany : M. Bender, 1962- [KF8820.A313 M67] No longer updated in print, continued online only 2008- [Available electronically via Lexis Advance to UNC Law Students and Faculty]

In Moore’s Manual, a section on judicial powers and the organization of the federal judicial system introduces the topic broadly, and then the treatise examines the rules of procedure and practice in the typical order of a legal action. It canvases federal civil procedure and evidence at all stages of the trail process from choice of jurisdiction through completion of a trail, appeals and jurisdictional reconsideration.

Moore’s Manual is an abridged version of the complete Moore's Federal Practice (Civil), [ KF8820.A313 M66 3rd ] [Available electronically via Lexis Advance to UNC Law Students and Faculty]. Moore’s Federal Practice is a preeminent treatise on federal criminal and civil procedure, rules of evidence, rules of appellate procedure, and rules of the Supreme Court.

Woodlief, Alan D. Shuford North Carolina civil practice and procedure : with appellate advocacy. 6th ed. Eagan, MN : Thomson West, 2003. [KFN7930 .S53 2003] (Reserve Room) [Full text available online to the UNC-Chapel Hill Law School with password]

Shuford’s NC Civil Practice and Procedure contains analysis of major case law developments that impact the NC Rules of Civil Procedure as well as the full text of the rules for civil actions as well as appeals. The analysis also includes comparison of NC rules with Federal rules and current trends in court rulings.

Nichols, Clark A., et al. Cyclopedia of Federal Procedure. Wilmette, Ill. : Callaghan, 1952- [KF8835 .C931 1952] [Available electronically via Westlaw Next to UNC Law Students and Faculty]

This resource is comprehensive in scope and includes criminal procedure as well as civil procedure in the federal courts. It is organized into five parts: Courts, Jurisdiction and General Considerations; Trail Court Practice in Civil Proceedings Generally; Federal Criminal Procedure; Appeal and Review; and Particular Actions and Proceedings (e.g. injunctions, creditor’s actions, etc.).

Federal Procedure, Lawyer’s Edition . St. Paul, Minn. : West Group, 1981- [KF8835 .F43 1981] [Available electronically via Westlaw Next to UNC Law Students and Faculty]

This comprehensive guide attempts to canvas every area and aspect of practicing in federal court. There are 80 chapters, arranged alphabetically, that cover everything from procedural matters (e.g. administrative procedure, contempt, discovery and depositions, and witnesses) to subject areas ruled by federal law (e.g. atomic energy, copyrights, patents, railroads, and telecommunications).

Collection Laws

Carpenter, Charles F. Successful judgment collections in North Carolina. Eau Claire, WI : National Business Institute, 2005. [KFN7951 .S83 2005]

Collection and enforcement of judgments. Cary, NC : North Carolina Bar Association Foundation, 2011. [KFN7951 .N67 2001]

This collection of CLE materials gives a concise overview of the topic, including: the basics of obtaining a judgment, how to secure/seize assets before judgment is obtained, fraudulent conveyances, ethical constraints, and other topics.

Jasper, Margaret C. Dealing with debt. Dobbs Ferry, N.Y. : Oceana Publications, 2007. [KF1501.Z95 J37 2007]

This resource gives an overview of many types of debt consumers face today, such as credit card or mortgage debt. It also outlines the consequences of debt that consumers may deal with, including judgments, garnishment, and foreclosure. The author notes state and federal laws designed to protect debtors and offers tips for moving forward.

Hobbs, Robert J. Fair debt collection. Boston, MA : National Consumer Law Center, 2011 (Supplement 2012). [KF1024 .H63 2011]

Hobbs, the Deputy Director of the National Consumer Law Center, created this multi-volume reference work to analyze the Fair Debt Collection Practices Act in addition to delving into the many debt collection laws—state and federal—which protect debtors from unfair collection practices.

Constitutional Law

Rotunda, Ronald D. and Nowak, John E. Treatise on constitutional law : substance and procedure. 5th ed. Eagan, MN : West Thompson/Reuters, 2012. [KF4550 .R63 2012] (Reserve Room)

This multi-volume treatise covers the vast topic of constitutional law with particular attention to areas which have changed significantly in recent years as well as historical grounding. It is more in-depth than the student-focused, single-volume treatise by the same authors.

Nowak, John E., and Rotunda, Ronald D. Constitutional law. St. Paul, Minn : West, 2010. [KF4550 .N6 2010] (Reserve Room)

Fisher, Louis. American constitutional law. 9th ed. Durham, N.C. : Carolina Academic Press, 2011. [KF4549 .F57 2011]

This work contains detailed analysis of court decisions while highlighting the work of citizens, legislatures, and other government bodies to participate in the ongoing debate on constitutional law. Legislative materials, state actions and professional journals are cited in addition to traditional Supreme Court cases.

Chemerinsky, Erwin. Constitutional law: principles and policies. New York, NY : Wolters Kluwer Law & Business, 2011. [KF4550 .C427 2011] (Reserve Room)

Chemerinsky’s single volume treatise, written primarily for students, covers the principles of constitutional law. Topics such as governmental powers, limits on state powers, due process, fundamental rights, and certain Amendments are discussed in depth.

Congressional Research Service. The Constitution of the United States: Analysis and Interpretation. Washington : U.S. G.P.O., 2004 (Supplement 2010) [KF 4527.A2 2004] [Full text available online via the GPO]

This multi-volume resource contains the text of the constitution with in-depth analytical annotations. The annotations discuss major issues that have been argued in court over the sections, major Supreme Court cases, and history of the constitution.

Rich, William. Modern Constitutional Law. Eagan, Minn. : West, 2011 (Supplement 2012). [KF4550.A75 2011]

Modern Constitutional Law addresses a broad range of constitutional issues, including Native American Law, Juvenile Law, military justice, and full faith and credit. Organized around non-traditional subject categorizations while still covering traditional materials, this work is designed to be accessible to attorneys and lay-persons alike.

Friesen, Jennifer. State Constitutional Law: Litigating Individual Rights, Claims, and Defenses. New York : LexisNexis Pub., 2006. [KF4750 .F75 2006]

This treatise collects constitutional law decisions from all 50 states, and compares them to both other state and US Supreme Court rulings.

Corporation Law

Robinson, Russell M., II. Robinson on North Carolina corporation law. 7th ed. Newark, N.J. : LexisNexis/Matthew Bender, 2002- [KFN7613 .R62 7th] (Reserve Room) [Full text available online via Lexis Advance to UNC Law faculty and students]

This resource combines treatise-like analysis of corporation law in North Carolina --including case law and statutory analysis -- with forms of a variety of corporate legal documents. Forms range from document templates to collections of sample language to be used to invoke particular legal constructs.

Snyder, James E., Jr. Snyder North Carolina corporation law and practice. 4th ed. Eagan, MN : Thomson West, 2003- [KFN7613 .N67 2003] [Available online via Westlaw Next to UNC Law students and faculty]

This resource contains a variety of business forms for everything from incorporation to settlements and release agreements. Beyond corporate forms, there are forms for other business entities, including: Limited Liability Companies, Limited Partnerships, Limited Liability Partnerships, Registered Limited Liability Limited Partnerships, Professional Corporations, Professional Limited Liability Companies, General Partnerships and Cooperative Associations.

Cox, James D., and Hazen, Thomas Lee. Cox & Hazen on corporations. New York : Aspen Publishers, 2003. [KF1414 .C69 2003] (Reserve Room) [Available online via Westlaw Next to UNC Lawstudents and faculty]

This major treatise aims to provide a comprehensive analysis of all areas of corporate law. The authors analyze judicial and statutory approaches to corporate law in the historical setting as well as modern day. Model Business Corporation Act and non-Model Act jurisdictions are examined.

Blumberg, Phillip I. Blumberg on Corporate Groups. New York, NY : Aspen Publishers, 2005-[KF1465 .B59 2nd] [Available electronically via CCH to UNC Law Students and Faculty]

This resource examines state and federal judicial and statutory law that affects many corporate groups, with particular emphasis on the interrelationships between various entities. Topics covered include: jurisdiction, practice and procedure, bankruptcy, general statutory law, and franchising and other relational law.

Fletcher, William Meade. Fletcher Cyclopedia of the Law of Private Corporations. Eagan, MN : Thomson/West Group, 2006- [KF1384 .F55 1931] [Available electronically via Westlaw Next to UNC Law Students and Faculty]

A preeminent treatise on corporate law, this treatise is written as a comprehensive guide to state and federal corporate law. It covers the entire range of legal issues that can face a corporation during its life cycle, including creation and dissolution, crimes, stock and stockholder issues, taxation, and the various powers of corporations as legal entities among many others.

Contracts

Perillo, Joseph M. Calamari and Perillo onContracts. St. Paul, Minn. : Thomson Reuters, 2009. [KF801 .C26 2009] (Reserve Room)

Given the complexity and breadth of the law of contracts, this one-volume treatise is designed to give a general introduction to the whole body of law. It covers offer and acceptance, consideration, capacity, conditions, performance and breach, impracticability, specific performance, assignment and statute of frauds among other topics.

Farnsworth, E. Allan. Contracts. 4th ed New York : Aspen Publishers, 2004. [KF801 .F365 2004] (Reserve Room) [Available electronically via Wolters Kluwer CCH to UNC Law Students and Faculty]

Farnsworth on Contracts is a major treatise on all areas of contract law, from formation to breach and remedies, with citations to case law, UCC provisions, other statutory law, and even the constitution.

Corbin, Arthur L. Corbin on Contracts. St. Paul, Minn. : West Pub. Co., 1993 (Supplement 2012). [KF801 .C77 1993] [Available electronically via Lexis Advance to UNC law Students and Faculty]

This treatise extensively discusses the general issues of the law of contracts at all stages with citation to relevant court cases and primary material. It covers contract formation, statute of frauds, interpretation, construction and legal operation of contract, third party rights, breach of contract, discharge and impossibility, and contracts contrary to public policy among other topics.

Williston, Samuel. A Treatiseon the Law of Contracts 4th ed. (with forms), Richard A. Lord, editor.Rochester, N.Y. : Lawyers Cooperative, 1990- [KF801 .W53 1990] [Available Electronically via Westlaw Next to UNC Law Students and Faculty] Forms are also available electronically [Forms]

Written to be a comprehensive analysis of all aspects of contract law, this treatise’s 79 chapters cover everything from definitions of terms and offer and acceptance to statute of frauds, and impracticability. Particular types of contracts are examined, including contracts of insurance, employment, carriage by sea and air, and contracts for sale. Form contracts with sample language are also available online, and the resource uses the West Key Number system to aid in research.

Hunter, Howard O. Modern Law of Contracts. Eagan, Minn. : West, 2011- [KF836 .Z9 H851][Available Electronically via Westlaw Next to UNC Law Students and Faculty]

This contract treatise covers a range of contract situations, and offers analysis of all stages of contracts from offer and acceptance to remedies in the event of breach. It also covers assignment of contracts, third party beneficiaries, and employment relationships. The final chapters discuss the UN Convention on Contracts for the International Sale of Goods and UNIDOIRT Principles of International Commercial Transactions.

Hutson, John N. North Carolina Contract Law. New York : LEXIS, 2001- [KFN7550 .H88 2001] (Reserve Room)[Available Electronically via Lexis Advance to UNC Law Students and Faculty]

As the title suggests, this treatise focuses on the contract law of North Carolina, a state with a deep common law contract history. The treatise can be divided into two parts. The first deals with formation and enforcement of contracts under NC Common Law and cites primarily to court decisions (NC Supreme Court and Court of Appeals). The second discusses contracts for the sale of goods under Article 2 of NC’s Uniform Commercial Code and cites to a broader range of sources.

Criminal Law & Criminal Procedure

Moore's Federal Practice (Criminal) , 3rd edition. James William Moore, Daniel R. Coquillette, et al., editors. New York, NY: M. Bender, 1997- [KF8820.A313 M66 3rd] [Available electronically via Lexis Advance to UNC Law students and faculty]

Moore’s Federal Practice is a preeminent treatise on federal criminal and civil procedure, rules of evidence, rules of appellate procedure, and rules of the Supreme Court.

Joyner, Irving. Criminal procedure in North Carolina. 3rd ed. Newark, N.J. : LexisNexis, 2005- [KFN7975 .J69 2005] (Reserve Room) [Full text available online to the UNC-Chapel Hill Law School with password]

This manual contains analysis and explanation of criminal rules of procedure, including relevant case law which impacts interpretation or application of those rules. Other material, including practical and ethical considerations, gives attorneys guidance on issues that could impact the trail process.

Price, Ronald M. North Carolina criminal trial practice. 5th ed. Eagan, Minn.: Thomson/West, 2003 (Supplement 2010). [KFN7975 .P75 2003] (Reserve Room) [Full text available online to the UNC-Chapel Hill Law School with password]

This resource is primarily comprised of forms which can be adapted for many criminal trial situations. Forms are organized according to the chronology of the criminal case, and were either issued by the Administrative Office of the Courts or written by experienced attorneys. Other materials include attorney checklists and a few explanatory notes.

LaFave, Wayne, R. Criminal procedure. 5th ed. St. Paul, MN : West, 2009-. [KF9619 .L341 2009] [Available electronically via Westlaw Next to UNC Law Students and Faculty]

Criminal Procedure provides analysis of all aspects of criminal procedure. It begins with an introduction to the criminal justice process and the constitutionalization of criminal procedure, then addresses various criminal rules according to the usual order of criminal proceedings, from detection and investigation of crimes to trial and appeals.

Torcia, Charles E. Wharton’s Criminal Law. Deerfield, IL : Clark Boardman Callaghan, 1993- [KF9219 .W43 1993] [Available electronically via Westlaw Next to UNC Law Students and Faculty]

Wharton’s Criminal Law covers the substance of criminal law in both state and federal jurisdictions. After a general overview of criminal law principles, this source organizes its analysis of criminal activity into seven categories of offenses: offenses against the person, against morals, against the habitation, against property, against public peace and welfare, against public authority and government, and inchoate offenses. The Model Penal Code is discussed as well.

LaFave, Wayne R. Substantive Criminal Law. St. Paul, Minn. : West Group, 2003. [KF9219 .L386 2003] [Available electronically via Westlaw Next to UNC Law Students and Faculty]

This resource presents the substantive information on criminal law, with particular emphasis on the elements of common criminal offenses. It covers all state jurisdictions and discusses the Model Penal Code.

Hall, John Wesley, Jr. Search and Seizure.New Providence, NJ : LexisNexis, 2012. [KF9630 .H36 2012] [Available electronically via Lexis Advance to UNC Law Students and Faculty]

Written for trial lawyers and judges, this resource focuses on search and seizure issues that arise in criminal matters. In addition to substantive analysis, it contains practice tips, checklists, and concise discussion of various aspects of search and seizure aimed at practicing attorneys.

Criminal Practice Manual . Eagan, MN : Thomson/West, 2004- [KF9619 .C75][Available electronically via Westlaw Next to UNC Law Students and Faculty]

This practice manual is aimed at criminal defense attorneys, and is intended to analyze the substance of the law, discuss significant new developments in the law, and to provide practitioners with techniques, strategies for winning cases, forms and checklists. It is organized in order of typical criminal matters from initial appearance to sentencing.

Education Law

Gerstein, Ralph M. Education law : an essential guide for attorneys, teachers, administrators, parents, and students. 2nd ed. Tucson, AZ : Lawyers and Judges Pub. Co. Inc., 2007. [KF4119 .G47 2007]

Gersteins’s work addresses many of the legal issues surrounding education of minors, including admissions and school choice, special education services, student conduct and discipline, drugs and weapons, Fourth Amendment implications, school violence, religion, civil rights and personnel issues, among others. It cites case law, statutory law, and other relevant primary law to support analysis and discussion.

Guernsey, Thomas F. Special Education Law. 3rd ed. Durham, NC : Carolina Academic Press. 2008. [KF4210 .G84 2008]

This resources deals with issues particular to special education, including the history of special education, provision of a free appropriate education, identification, eligibility, placement, consent, discipline, and procedural matters. The appendix contains a special note to non-lawyers, though the book as a whole is written with attorneys in mind.

Rapp, James A. Education Law. New York, N.Y. : M. Bender, 1984- [KF4115 .R37 1984] [Available electronically via Lexis Advance to UNC Law Students and Faculty]

A fairly comprehensive treatise, this work examines a variety of legal issues surrounding education. Issues covered include: “Religion, State and Education”, funding, student safety, student control and discipline, records management, intellectual property, and general liabilities among others.

Dodd, Victoria J. Practical Education Law for the Twenty-First Century. Durham, N.C. : Carolina Academic Press, 2010. [KF4119 .D633 2010]

Practical Education Law focuses on organizational matters and residency requirements in addition to more traditional areas such as Fourth Amendment issues (search and seizure), torts, athletics and labor relations.

Thomas, Stephen B. Public School Law: Teachers’ and Students’ Rights. Boston : Pearson, 2009. [KF4119 .M38 2009]

Written for practitioners, it succinctly but comprehensively addresses landmark cases, context, and trends impacting rights of students and teachers in public schools.

Schneider, Ronna Greff. Education Law: First Amendment, Due Process and Discrimination Litigation. Eagan, MN : Thomson/West, 2004 (2012/13 Supplement). [KF4119 .S364 2004] [Available electronically via Westlaw Next to UNC Law Students and Faculty]

This treatise’s primary focus is on teachers’ and students’ freedom of speech and religion in public schools and restraints on freedoms. It also analyzes school discipline and violence and issues of equality. The treatise contains forms, sample pleadings, and other practice materials.

Weber, Mark C. Special Education Law & Litigation Treatise 3rd. Horsham, PA. : LRP Publications, 2008. [KF4210 .W4 3rd]

This work focuses on federal law in particular and its impact on special education from the perspective of educators and school administration.

Employment Law

Rothstein, Mark A. Employment law. 4th ed. St. Paul, MN : West, 2010. [KF3455 .E477 2010] (Reserve Room)

This treatise is organized through the employment relationship, from offer to termination. It does not cover employee organization or collective bargaining. As a work aimed at students with little experience in the topic, citations are kept to a minimum to avoid overwhelming readers and to focus on the basic principles.

CCH Editorial Staff publication. State individual employment rights laws. Chicago : CCH Inc., 1998-2004. [KF3455 .A4] (Reference Collection) [Full text available online to the UNC-Chapel Hill Law School with password]

This treatise examines individual employment rights laws for all 50 states (plus the District of Columbia, Puerto Rico, and Virgin Islands). It covers state labor relations, arbitration, and employee protection laws in each jurisdiction. The work uses a uniform numbering system, described in the front of the work, for easy comparison between jurisdictions.

Perritt, Henry H., Jr. Civil rights in the workplace. 3rd ed. New York : Aspen Publishers, 2001 (Supplement 2013). [KF3464 .P48 2001]

Written for attorneys—both plaintiff and defense counsel—this work covers all aspects of civil rights as they are protected in the employment context, particularly with respect to litigation. By examining legislation, case law and other primary law, this work purports to be an up to date and comprehensive source.

Jernigan, Leonard T. North Carolina workers' compensation : law and practice, with forms. 4th ed. Eagan, MN : Thomson West, 2004- [KFN7742 .J47 2004] [Available electronically via Westlaw Next to UNC Law students and faculty]

This treatise, written for general practitioners, provides an overview of Workers’ Compensation law in North Carolina. It includes, among others, chapters on procedural matters such as jurisdiction, discovery and statutes of limitations. It also covers substantive matters such as special injuries, death benefits, hearing loss, and occupational diseases. Forms are also included.

Larson, Lex K. Larson on Employment Discrimination. 2nd ed. New York : M. Bender, 1994- [KF3464 .L37 2nd] [Available electronically via Lexis Advance to UNC Law Students and Faculty]

This text covers most areas of employment discrimination law, including discrimination based on sex, race, religion, and national origin. It also covers narrower areas of employment discrimination, including discrimination over employee heath (AIDS discrimination), sexual orientation, and genetic discrimination.

Lareau, Peter N. Labor and Employment Law. Matthew Bender & Company, 2013-.[Available electronically via Lexis Advance to UNC Law Students and Faculty]

Labor and Employment Law covers many areas of interest, including employment discrimination, the Americans with Disabilities Act, Pensions and Benefits, Wages and Hours, Arbitration and other, general employment law provisions.

Lindemann, Barbara. Employment Discrimination Law. 5th ed. Arlington, VA : Bloomberg BNA, 2012. [KF3464 .L56 2012]

This comprehensive treatise covers theories of discrimination, prohibited bases of discrimination, employment actions, the parties, procedural issues, other sources of protection, and remedies and resolution. It focuses primarily on federal law, including case law and legislation.

Environmental Law

Malone, Linda A. Environmental regulation of land use. New York, N.Y. : C. Boardman, 1990- [KF5698 .M264] [Full text available online to the UNC-Chapel Hill Law School with password]

This treatise covers federal, state and local environmental statutes. Land preservation and development topics are covered, such as soil conservation, water and air quality, noise control, habitat conservation, and management of coastal areas, wetlands and flood plains.

Grad, Frank P. Treatise on environmental law. New York : M. Bender, 1973- [KF3775 .G72] [Full text available online to the UNC-Chapel Hill Law School with password]

This treatise is comprehensive in scope, covering climate change, pollution and waste management, land use planning, environmental compliance, attorney’s fees and alternative dispute resolution. The treatise also contains the text of many major federal environmental laws (statutes and regulatory rules), including the Clean Air Act and the Endangered Species Act of 1973, and includes a list of EPA terms, abbreviations and acronyms.

Robert E. Beck, and Kelley, Amy K. Waters and water rights. 3rd ed. New Providence, NJ : LexisNexis, 2009- [KF645 .W38 1991] [Full text available online to the UNC-Chapel Hill Law School with password]

This multi-volume text covers the complex field of water law, including riparianism, prior appropriation, groundwater law, distribution, the public right to water, federal and Indian rights, interstate allocation, international issues, environmental controls, and river basin and state surveys.

Rodgers, William H. Environmental Law. St. Paul, Minn. : West Pub., 1994. [KF3775 .R6 1994] (Reserve Room) [Available electronically via Westlaw Next to UNC Law Students and Faculty]

This text covers key environmental laws, regulations & decisions regarding air and water, pesticides and toxic substances, and hazardous waste.

Novick, Seldon M. Law of Environmental Protection. Eagan, MN : West, 2011- [KF3775 .L392] [Available electronically via Westlaw Next to UNC Law Students and Faculty]

Law of Environmental Protection provides in depth analysis of statutes and regulations governed by the Environmental Protection Agency. It begins with a discussion of principles and methods, then an overview of EPA programs and roles.

Manaster, Kenneth A. and Daniel P. Selmi. State Environmental Law. [Available electronically via Westlaw Next to UNC Law Students and Faculty]

This text focuses on the environmental statutes and regulations passed by state legislatures and state agencies. It covers legislative initiatives, administrative trends and judicial decisions affecting state compliance requirements, mainly in the areas of air quality, water quality, hazardous waste management and cleanup of hazardous wastes from past activities. The treatise includes a State Reference Guide for each of the 50 states for further research.

Conrad, Jr., James W. Environmental Science Deskbook. [Available electronically via Westlaw Next to UNC Law Students and Faculty]

This text provides easy to understand definitions of environmental law terminology and concepts for those who are not experts in environmental science. It covers many topics, from statistics and environmental decision making to environmental forensics and health risk assessment.

Cooke, Susan M. The Law of Hazardous Waste. Matthew Bender & Company, 2013- [Available electronically via Lexis Advance to UNC Law Students and Faculty]

This comprehensive treatise covers both state and federal laws, regulations and cases which deal with hazardous waste management. Everything from identification of hazardous waste, cleanup requirements, liability, and storage and disposal requirements.

Evidence

Broun, Kenneth S. Brandis & Broun on North Carolina evidence. 7th ed. New Providence, N.J. : LexisNexis, 2011- [KFN7940 .S72 2011] [Full text available online to the UNC-Chapel Hill Law School with password]

This treatise covers the North Carolina Rules of Evidence, covering judicial notice, burden of proof and presumptions, relevancy, privileges, witnesses, opinion and expert testimony, hearsay, authentication and identification, and the contents of writings, recordings and photographs.

Mosteller, Robert P. North Carolina evidentiary foundations. 2nd ed. San Francisco, Calif.: LexisNexis, 2006. [KFN7940 .M67 2006] (Reserve Room) [Full text available online to the UNC-Chapel Hill Law School with password]

This evidentiary text frames North Carolina evidence law in practical terms, breaking down the rules into elements and discussing how to lay the foundations for each element. Doctrinal or theoretical underpinnings of evidence are given relatively little attention, though citations to primary law are included.

Mueller, Christopher B. Federal evidence. 3rd ed. Eagan, Ill. : Thomson/West, 2007- [KF8935 .L68 2007] [Full text available to the UNC-Chapel Hill Law School with password]

Federal evidence analyzes each rule in order, citing cases which have interpreted the rules and giving straightforward explanations of how these interpretations apply in practice.

Graham, Michael H. Handbook of Federal Evidence, 7th ed. Eagan, Minn. : West, 2012- [KF8935 .G68 2012][Available electronically via Westlaw Next to UNC Law Students and Faculty]

This handbook walks readers through the rules of federal evidence part by part, providing analysis, commentary, and citation to relevant primary authority.

McCormick, Charles T. McCormick on Evidence, 7th ed. St. Paul, Minn. : Thomson/Reuters/WestLaw, 2013. [KF8935 .M29 2013] (Reserve Room) [Available electronically via Westlaw Next to UNC Law Students and Faculty]

This multi-volume treatise aims to give a comprehensive and easily understood overview of the law of Evidence. It examines rules of evidence in conjunction with case law for complete discussion.

Weinstein, Jack B. Weinstein’s Federal Evidence. 2nd New York : M. Bender, 1997- [KF8933 .W43 2nd] [Available electronically via Lexis Advance to UNC Law Students and Faculty] Weinstein's Evidence Manual is also available online [Available electronically via Lexis Advance to UNC Law Students and Faculty]

This extensive treatise covers all federal rules of evidence in turn, providing detailed analysis and commentary for each rule and citing to relevant primary law where applicable. The Evidence Manual is designed as a quick reference guide, designed for practical use by attorneys.

Weissenberger, Glen, Duane, James J. Weissenberger’s federal evidence courtroom manual. Cincinnati : Anderson Pub. Co., 1995- [KF8931.7 .W45] [Available electronically via Lexis Advance to UNC Law Students and Faculty]

This manual weaves scholarly analysis with real-world application of federal rules of evidence. It also includes extensive discussion of two landmark Supreme Court cases: Crawford v. Washington, 541 U.S. 36 (2004), and Davis v. Washington, 126 S. Ct. 2266 (2006).

The New Wigmore: A Treatise on Evidence . New York, Austin Tex. : Aspen Publishers, Wolters Kluwer Law & Business. 5 volumes:

These volumes contain in-depth scholarly and practical analysis of particular areas of evidence (indicated by the individual volume titles). Each contains all rules of evidence, statues, rules and cases relevant to the area as well as citations to relevant primary and secondary sources.

Domestic Relations/Family Law

Domestic torts : family violence, conflict, and sexual abuse . Revised ed. Eagan, MN : Thomson/West, 2005 (Supplement 2012) [KF1269 .K37 2005]

This practice-oriented treatise contains discussion of the law of domestic torts in all 50 states, and includes practical discussions of litigation approaches, theories of abuse, defense options, potentially liable third-party defendants, and psychological profiles.

North Carolina divorce, alimony and child custody: with forms . 4th ed [rev.] St. Paul, Minn. : West Group, 2003 (Supplement 2007/08). [KFN7500 .K44 2003]

This two volume practice guide outlines the statutory law and relevant case law governing family law in North Carolina with straightforward explanations. The second volume contains a selection of forms with sample language for complaints and other documents. Forms are accompanied by comments from the author.

Reynolds, Suzanne. Lee's North Carolina family law. 5th ed. Charlottesville, Va. : Michie Co., 1993- [KFN7494 .L43 1993] [Full text available online to the UNC-Chapel Hill Law School with password]

Lee’s North Carolina Family Law covers the state’s laws governing marriage, divorce, child support and custody, parent child relationships, adoption and assisted conception, and procreational liberties among other topics.

Rutkin, Arnold H. (ed) Family Law and Practice. New York, N.Y. : M. Bender, 1985- [KF503.4 .F35] [Available electronically via Lexis Advance to UNC Law Students and Faculty]

This comprehensive treatise covers uniform act approaches and various states’ approaches to marriage and divorce, domestic violence, child custody and visitation, child and spousal support, and other family law issues.

Dobbs, Marian F. Determining Child & Spousal Support. Eagan, Minn. : West, 2011- [KF549 .B462] [Available electronically via Westlaw Next to UNC Law Students and Faculty]

This resource contains analysis of major child and spousal support principles which are applicable in many jurisdictions. It contains forms and worksheets along with completed examples and explanations intended to guide attorneys and consultants in support calculations.

Joslin, Courtney G. Lesbian, Gay, Bisexual and Transgender Family Law. [Available electronically via Westlaw Next to UNC Law Students and Faculty]

This treatise provides an overview of marriage, divorce, adoption, custody, surrogacy and assisted reproduction, and other family law issues as they pertain to lesbian, gay, bisexual, and transgender individuals.

Kelso, Lloyd T. North Carolina Family Law Practice. St. Paul, Minn. : Thomson/West, 2008- [KFN7500 .K442 2008] [Available electronically via Westlaw Next to UNC Law Students and Faculty]

This resource contains treatise-like analysis of issues in family law arranged by topic, with statutory and case law discussion included.

Forms-General Practice

Douglas' forms . 6th ed. Newark, NJ : Lexis/Nexis, 2008- [KFN7468 .D68 2008] (Reserve Room) [Full text available online to the UNC-Chapel Hill Law School with password]

One of the most commonly used North Carolina form books, Douglas' Forms contains a variety of forms used in Business Transactions; Civil Litigation; Wills, Trusts and Estate Administration; Real Estate; and Domestic Relations and Guardians.

North Carolina general practice deskbook. 3rd ed. Cary, N.C. : North Carolina Bar Association Foundation, 2004. [KFN7481 .G45 3rd] (Reserve Room)

This practice oriented deskbook covers many areas of law, including: NC Administrative law, business law, environmental law, immigration, Medicaid, personal injury, domestic practice, federal practice, wills and estates, employment law and real estate. The materials include practical information, such as the elements and components of crimes and legal actions, and guidance on how to proceed through those actions from experienced attorneys. It also includes a number of forms with sample language.

Thorp, William L. Thorp's North Carolina trial practice forms : a practical compilation of trial practice forms arranged in the order of the North Carolina rules of civil procedure. 7th ed. Eagan, Minn. : West, 2011. [KFN7930.A65 T48 2011] (Reserve Room) [Full text available online to the UNC-Chapel Hill Law School with password]

Thorp’s contains commentaries on the NC Rules of Civil Procedure and forms associated with those rules. Forms are primarily sample language, intended as a guide for drafting motions, pleadings, summons, orders, and other court documents. It is intended to be used by attorneys as they practice in court, and contains useful research references for further investigation of some topics.

Holding, Graham D., Jr. & Reid, Christy Eve. BB&T estate planning forms manual. Raleigh, N.C. : BB&T Corporation, 2006. [KFN7540 .H64 2006] (Reserve Room)

This North Carolina estate planning manual contains primarily forms with sample language and brief introductions for context. There are multiple versions for many of the types of will forms included. Types of forms include those for simple wills, for pour-over wills, and for various trusts among others.

North Carolina Judicial Department forms manual / prepared by the Administrative Office of the Courts with the assistance of the Court Records Advisory Committee, Hon. Estus B. White, chairman Rev. ed.. Raleigh, N.C.: The Administrative Office of the Courts, 1984- [KFN7468 .N677 Rev.] (Reserve Room) (Electronic resource) [Full text available online to the UNC-Chapel Hill Law School with password]

Allows users to find official Administrative Office of the Courts forms by form number, category, and for whom the form was written (for example: clerks, attorneys, guardian ad litem, or the public). Forms are available in English, and some are available in Spanish and Vietnamese. These fill-in-the-blank forms are intended to be filed with the clerk of court, and cover many categories, including civil, criminal, estate, juvenile, small claims, administrative and other types of forms.

American jurisprudence legal forms . 2nd ed. Rochester, N.Y. : Lawyers Co-operative Pub. Co.; San Francisco: Bancroft-Whitney Co., 1971- [KF170 .A542 1971] [Full text available to the UNC-Chapel Hill Law School with password]

American Jurisprudence Legal Forms contains sample language, motions, and other legal document examples on over 260 broad topics. Forms are generalized rather than specific to any jurisdiction, but provide useful guides for legal document drafting.

Frumer, Louis R. Bender's Federal practice forms. New York, N.Y.: M. Bender, 1951- (Supplement 2008) [KF8836 .F78] No longer updated in print, continued online only, 2008- [Full text available online to the UNC-Chapel Hill Law School with password]

Bender’s Federal Practice Forms focuses on those forms which would be used in general civil, appellate, criminal, postconviction, bankruptcy, courts of international trade, and Supreme Court practice at the federal level. Each section contains analytical commentary before providing forms.

Moore, James William. Moore's manual : Federal practice and procedure. Albany : M. Bender, 1962- [KF8820.A313 M67] No longer updated in print, continued online only 2008- [Available electronically via Lexis Advance to UNC Law Students and Faculty]

In Moore’s Manual, a section on judicial powers and the organization of the federal judicial system introduces the topic broadly, and then the treatise examines the rules of procedure and practice in the typical order of a legal action. It canvases federal civil procedure and evidence at all stages of the trail process from choice of jurisdiction through completion of a trail, appeals and jurisdictional reconsideration.

Moore’s Manual is an abridged version of the complete Moore's Federal Practice (Civil), [ KF8820.A313 M66 3rd ] [Available electronically via Lexis Advance to UNC Law Students and Faculty]. Moore’s Federal Practice is a preeminent treatise on federal criminal and civil procedure, rules of evidence, rules of appellate procedure, and rules of the Supreme Court.

Health Care Law

Capron, Alexander. Treatise on Health Care Law. Matthew Bender & Company, 2012- [Available electronically via Lexis Advance to UNC Law Students and Faculty]

This treatise was written as a practical guide for attorneys, and attempts to cover the entire range of legal issues that accompany health care practice. Topics include: business aspects of the health care system, labor and employment issues, financial issues, hazardous waste, access to care, medical malpractice, and issues related to patient care.

Becker, Scott. Health Care Law: A Practical Guide. Matthew Bender & Company, 2012- [Available electronically via Lexis Advance to UNC Law Students and Faculty]

This treatise contains materials designed to aid health care law practice, including analysis of issues and sample forms and agreements. Topics include health care business aspects, licensure, malpractice, patient care issues, and the workings of health insurance. The author specifically notes that the volume can be used by both beginners and experienced practitioners.

Tennenhouse, Dan J. Attorneys Medical Deskbook 4th. St. Paul, Minn. : Thomson Reuters, 2010- [Available electronically via Westlaw Next to UNC Law Students and Faculty]

This deskbook contains medical abbreviations and terminology as well as a “drug finder” to identify drugs and their primary uses. It is oriented around law suits, and focuses on aspects of legal medical cases (such as malpractice), with practical legal strategy and methods used to supplement explanation of issues in law suits.

American Health Lawyers Association. Health Law Practice Guide, 2nd ed. Eagan, Minn. : Thomson/West, 2008- [KF3821 .H435 2nd] [Available electronically via Westlaw Next to UNC Law Students and Faculty]

A multi-volume treatise, this practice guide is fairly comprehensive in its coverage. Major topic areas include: operational issues for health care facilities, patient care delivery issues, payment issues, transactions, and legal concerns in specific health care delivery settings. It also includes an extensive discussion of recent healthcare reform legislation.

Perlin, Michael L. Mental Disability Law : Civil and Criminal. 2nd ed. Charlottesville, VA : LEXIS Law Pub, 1998- [KF480 .P478 1998] [Available electronically via Lexis Advance to UNC Law Students and Faculty]

This comprehensive work covers the entire body of law which governs the mentally disabled, from civil commitment to mental disability at trial. Both state and federal law is considered, as well as historical materials.

Foley, Lardner, Weissburg & Aronson. Health Care Law Sourcebook. Matthew Bender and Company, 2013- [Available electronically via Lexis Advance to UNC Law Students and Faculty]

This book brings together federal laws and regulations related to health care. Topics covered include: Medicare and Medicaid reimbursement, patient confidentiality and non-discrimination, approval of drugs and procedures, antitrust and trade regulation, environmental protection, employment law issues, and other health care laws.

Immigration Law

Kurzban, Ira J. Kurzban's immigration law sourcebook : a comprehensive outline and reference tool. 13th ed. Washington, D.C. : American Immigration Lawyers Association, 2012. [KF4819.3 .K87 2012]

Kurzban’s sourcebook contains quick synopses of the many sources of immigration law. It includes subject index, table of cases, and tables of authorities to assist attorneys in finding answers to complex immigration law questions.

McWhirter, Robert James. The criminal lawyer's guide to immigration law : questions and answers. 2nd ed. Chicago, Ill. : Criminal Justice Section, American Bar Association, 2006. [KF4819 .M39 2006].

As the title indicates, this work is aimed at attorneys practicing criminal law who may be encountering immigration questions in their work. Sections include aliens and criminal convictions, immigration crimes, reentry after deportation and illegal entry, and alien witnesses and defendants.

Gordon, Charles et al. Immigration Law and Procedure. New York, NY : M. Bender, 1993- [KF4819 .G67 Desk ed.] [Available electronically via Lexis Advance to UNC Law Students and Faculty]

Immigration Law and Procedure is an authoritative treatise on all aspects of immigration law. The authors combine extensive primary law with detailed analysis on many topics of immigration, including the processes of immigration, deportation, nationality, and citizenship.

Steel, Richard D. Steel on Immigration Law. St. Paul, Minn.: Thomson/West, 2011-[Available electronically via Westlaw Next to UNC Law Students and Faculty]

This treatise covers a number of immigration law topics, providing detailed analysis of procedure as well as law. Some of the topics include the structure of immigration law, immigrating for particular reasons, admission and exclusion procedures, and criminal and civil penalties for immigration law violations.

Gallagher, Anna Marie. Immigration Law Service 2d. St. Paul, Minn. : Thomson/West, 2004- [KF4815 .I47 2nd][Available electronically via Westlaw Next to UNC Law Students and Faculty]

This practice-oriented, multi-volume text is designed to be a comprehensive guide for immigration law and practice. It contains explanation and analysis as well as strategic advice for dealing with particular immigration law issues and extensive primary law sections.

Ignatius, Sarah B. & Stickney, Elisabeth S. Immigration Law and the Family. Eagan,Minn.: West, 2011- [KF4819 .I36][Available electronically via Westlaw Next to UNC Law Students and Faculty]

This treatise focuses on immigration law as it impacts families in particular. Topics discussed include: the preference system, obtaining permanent residence through family relationships, immigration based on marriage, documenting and filing the visa petition, adoption and orphan cases, and derivative beneficiaries and special cases.

Fragomen, Austin T. Immigration Fundamentals: A Guide to Law and Practice. New York : Practicing Law Institute, 1996- [KF4819.3.F2 4th] [Available electronically via Bloomberg Law to UNC Law Students and Faculty]

This practice-oriented text is designed as a concise guide to legal issues in immigration for students and faculty, but may also be useful for attorneys looking for guidance on rules and procedures of immigration cases.

American Immigration Lawyers Association. Immigration and Nationality Law Handbook. Washington, DC : American Immigration Lawyers Association, 2004/2005 [KF4819 .A2 A415]

Written for attorneys, this handbook covers many of the topics faced by immigration attorneys. It contains articles with practical advice and analysis on topics such as asylum, citizenship & naturalization, consular processing and many others.

Insurance

Keeton, Robert E. Insurance law : a guide to fundamental principles, legal doctrines, and commercial practices. Student ed. St. Paul, Minn. : West Pub. Co., 1988. [KF1164 .K376 1988] (Reserve Room)

This student-centered treatise explains the fundamental principles and doctrines of insurance law. Several chapters delve into particular applications of those principles in order to fully explain them. It spans a wide range of topics, from conceptualization of insurance and marketing to risk, claims and disputes.

Plitt, Steven. Couch on insurance. 3rd ed. Deerfield, IL : Clark Boardman Callaghan, 1995- [KF1159.5 .C62 3rd] [Full text also available online to the UNC-Chapel Hill Law School with password]

A preeminent treatise, Couch on Insurance comprehensively covers issues relating to insurance law with analysis and citation to relevant primary law.

Snyder, James E. Snyder North Carolina automobile insurance law. 3rd ed. Suwanee, GA : Harrison Co., 1999- [KFN7591.A4 S69 1999] [Full text also available online to the UNC-Chapel Hill Law School with password]

This narrow NC treatise covers topics such as insurance contracts, liability coverage, medical payments coverage, uninsured motorist coverage, and insurance premiums. It also contains form complaints and release agreements, among others, as well as a standard automobile policy sample.

New Appleman on Insurance Law Library Edition. New Providence, NJ: LexisNexis, 2009- [ KF1164 .A76 2009 ] [ Available electronically via Lexis Advance to UNC Law students and faculty ]

Gradually replacing the older Holmes’ Appleman on Insurance 2d, this work continues the trend of bringing together complex and varied areas that make up “insurance law.” The multi-volume treatise contains introductory volumes for background, and substantive volumes covering different types of insurance and regulation of insurance.

Best, Franklin L. Life and Health Insurance Law. St. Paul, Minn. : Thomson/West, 2009- [Available electronically via Westlaw Next to UNC Law Students and Faculty]

This quick reference treatise is designed for attorneys’ use, and covers all aspects of life & health insurance matters through analysis of state and federal laws, regulations and court opinions. It details issues and obligations of parties that emerge throughout the cycle of insurance coverage—from application and enrollment through maintaining coverage and claims administration—and applies law and principles to common and unusual fact patterns.

Stempel, Jeffrey W. Stempel on Insurance Contracts, Third Edition. New York, NY : Aspen Publishers, 2006- [KF1164 .S74 2006]

Designed to be used by attorneys for both policyholders and insurance companies, this treatise covers topics from the basic concepts of insurance to complex issues relevant today. It is a practice-oriented treatise which discusses coverage, specific types of policies, employment, defective construction, computer and cyber losses, litigation and many other areas.

International Law

Christol, Carl Q. International Law and US Foreign Policy. Lanham, MD : University Press of America, 2007. [KF4581 .C57 2007]

This book contains chapters on a variety of foreign policy issues, including terrorism, international criminal tribunals, climate change, arms control, immigration, The Middle East, and oil policy among others.

Aust, Anthony, Modern Treaty Law and Practice. Cambridge; New York : Cambridge University Press, 2007. [KZ1301 .A93 2007]

This work is written for both attorneys and students looking for help in understanding the treaty-making process, the use of memorandums of understanding in litigation, and the effect of hostilities on treaties among other topics.

Bradley, Curtis A. International Law in the US Legal System. New York : Oxford University Press, 2013. [KF 4581 .B73 2013]

This book examines international law as it impacts the US legal system, covering both settled principles and areas of controversy. Treaties, decisions and orders of international institutions, customary international law, and jus cogens norms are all considered.

Crawford, James. Brownlie’s Principles of Public International Law. Oxford : Oxford University Press, 2012. [KZ3225 .B76 A37 2012]

A classic treatise in International Law, this work covers topics such as personality and recognition, territorial sovereignty, the law of the sea, state jurisdiction, nationality, the protection of individuals and groups, and disputes among other topics.

Internet & Information Law

Nimmer, Raymond. Information law. Boston, Mass. : Warren, Gorham & Lamont, 1996. [KF2979 .N45] [Full text also available online to UNC-Chapel Hill Law School with password]

This treatise analyzes laws affecting information, including intellectual property, copyright, Federal Communications Commission, First amendment, privacy and data protection law among others.

Stuckey, Kent D. Internet and online law. New York : Law Journal Seminars-Press, 1996- [KF390.5.C6 S78] [Available electronically via Lexis Advance to UNC Law Students and Faculty]

Internet and Online law analyzes the law of contracts, business issues, defamation and factual misstatements, obscenity or indecency, intellectual property, and jurisdiction and litigation issues as they pertain to interactions, actions, and transactions on the internet.

Delta, George B. Law of the Internet. 3rd ed. Frederick, MD : Aspen Law & Business, 2009. [KF390.5.C6 D45] [Full text also available online to UNC-Chapel Hill Law School with password]

The Law of the Internet discusses traditional law in the context of its application to and interpretation in light of the internet. Topics discussed include jurisdiction, antitrust, intellectual property, privacy, contracts, business and tax among others.

Nimmer, Raymond T. Law of Computer Technology : Rights, Licenses, Liabilities, 4th ed. St. Paul, Minn. : West, 2009- [KF390.5.C6 N56 4th] [Available electronically via Westlaw Next to UNC Law Students and Faculty]

In discussing legal issues incidental to computer technology, this treatise focuses on intellectual property issues, transactional issues, and other issues such as torts, privacy, and computer crime.

Winn, Jane. The Law of Electronic Commerce. Gaithersburg, MD : Aspen Publishers, 2001- [KF1357.5 .W753 4th]

This work focuses on the impact of new technologies on commerce. It examines security, traditional contract principles as they apply to e-commerce, electronic records in litigation, and liability issues.

Blakeley, Craig & Matsuura, Jeffrey. Global Information Technology Law. [Available electronically via Westlaw Next to UNC Law Students and Faculty]

This treatise gives an overview of foreign and international law related to information (e.g. telecommunications, internet, computers, and research and technology). The text includes laws from selected countries and regions in Asia, Africa, Europe, the Middle East, Latin American and the Caribbean, Eurasia, as well as international organizations. Coverage is limited to a narrow list of countries.

Jury Instructions

Pattern Jury instructions lay out the elements of crimes and burdens of proof in simple, straightforward model language, and can therefore be an invaluable resource for preparing complaints, defenses, and courtroom arguments. The following sources contain sample jury instructions for specific jurisdictions, and for specific types of cases (as indicated by their titles)

North Carolina pattern jury instructions for criminal cases . Raleigh, NC: North Carolina Conference of Superior Court Judges, Committee on Pattern Jury Instructions, 1973- [KFN7942.6 .A6 N67] (Reserve Room)

North Carolina pattern jury instructions for motor vehicle negligence . Raleigh, NC: North Carolina Conference of Superior Court Judges, 1973- [KFN7983 .A65 N671] (Reserve Room)

North Carolina pattern jury instructions for civil cases . Raleigh, NC: North Carolina Conference of Superior Court Judges, Committee on Pattern Jury Instructions, 1975- [KFN7942 .A65 N681] (Reserve Room)

Sand, Leonard B. Modern Federal Jury Instructions. New York, N.Y. : M. Bender, 1984- [KF9682 .M64]

This resource contains jury instructions for both criminal and civil federal cases.

Legal Research

Baer, Miriam J. Legal Research in North Carolina. James C. Ray, editor. Durham, N.C. : Carolina Academic Press, 2006. [KFN7475 .B34 2006]

A practical guide to legal research in North Carolina, this book contains straightforward guidance to researching case law, legal digests, legislative history and other types of research, state and Federal.

Childs, Scott and Sexton, Nick. North Carolina legal research guide. Buffalo, N.Y. : William S. Hein & Co., Inc., 2009. [KFN7475 .K37 2009]

This guide includes extensive lists of secondary resources as well as guides to the primary sources of law in North Carolina.

Sloan, Amy E. Basic Legal Research : tools and strategies. 4th ed. New York, NY: Aspen Publishers, 2009. [KF240 .S66 2009] (Reserve Room)

This work covers strategies for conducting legal research such as generating search terms, using secondary sources, and special topics in electronic research. It also covers research in particular types of law, such as case law, legislative history, and administrative law.

Kunz, Christina L. Process of Legal Research, 7th ed. New York, NY : Aspen Publishers, 2008. [KF240 .P76 2008]

This work focuses on legal research processes, with an emphasis on problem solving and decision making. It uses a continuous example for illustration throughout, and integrates coverage of electronic materials.

Hazelton, Penny. Specialized Legal Research. New York, NY : Aspen Law & Business, 2001- [KF240 .S642] (Reference Desk)

This work is designed as a guide for specialized types of research, including securities regulation, federal income tax, admiralty and maritime law, banking law, patent and trademark law, customs law and others. It contains a compilation of primary and secondary sources for each topic as well as research examples and notes.

Barkan, Steven M., Mersky, Roy M., & Dunn, Donald J. Fundamentals of Legal Research. New York, NY : Foundation Press, 2009. [KF240 .J32 2009]

This classic textbook on legal research covers all aspects of the topic, including a chapter on legal writing and various chapters on specialized legal research topics such as legislative history, administrative law, and electronic sources.

Olson, Kent. Principles of Legal Research. St. Paul, MN : West, 2009. [KF240 .O57 2009]

This work provides concise coverage of research methods and resources, both state and federal. It includes discussion of research strategy as well as sample research problems.

Property/Real Property

Bevans, Neal, R. North Carolina real estate law. 2nd ed. Durham, N.C. : Carolina Academic Press, 2009. [KFN7512 .B48 2009]

Designed as a textbook, this work covers major issues of real estate law with a special focus on the laws of North Carolina.

Webster, James A. Webster's real estate law in North Carolina: possessory estates and present interests in real property. 6th ed. New Providence, N.J. : LexisNexis, 2011. 2 vols. [KFN7512 .W42 2011] (Reserve Room)

This resource contains an analytical overview of the Nature and Classification of Property, Estates and Interests in Real Property, Models of Acquisition and Transfer of Title or Interests in Real Property, Examinations of Titles to Real Property in North Carolina, and Uniform Acts and Related Legislation.

Powell, Richard. Powell on Real Property. New York, NY : LEXIS Pub., 1949- [KF570 .P57 Rev.] [Available electronically via Lexis Nexis to UNC Law Students and Faculty]

The primary emphasis of this treatise is on land law, in particular state laws, with some federal decisions included where relevant. Although coverage is focused on the most recent forty years or so of law, historical background is given for a more thorough understanding.

Palomar, Joyce. Patton and Palomar on Land Titles. Eagan, Minn. : West Group, 2002- [KF670 .P37 2002] [Available electronically via Westlaw Next to UNC Law Students and Faculty]

This treatise discusses national and state-specific rules regarding land titles, including emerging issues such as impacts of electronic conveyancing and recording, environmental issues, and civil and criminal forfeiture.

Friedman, Milton R. Friedman on Leases, 5th ed. New York, NY : Practising Law Institute, 2004- [KF590 .F7 5th] [Available electronically via Westlaw Next to UNC Law Students and Faculty]

This comprehensive treatise on leases provides analysis and discussion of the history and nature of a lease, the parties, the premises, the term of possession, rent, assignment, subletting, mortgaging, percentage leases, damage and destruction of leased property, repairs, landlord compliance, default, termination, bankruptcy, security, fixtures, uses, and many other topics.

Friedman, Milton R. Friedman on Contracts and Conveyances of Real Property, 7th ed. New York City : Practising Law Institute, 2005- [KF670 .F7 7th] [Available electronically via Westlaw Next to UNC Law Students and Faculty]

This three volume work discusses the process of selling and conveying real property, from standard clauses in the contract of sale and mortgage issues to deeds and examination of title, to the closing process.

Thomas, David A. Thompson on Real Property. New Providence, NJ : LexisNexis, 2011- [KF570 .T56 2011] [Available electronically via Lexis Nexis to UNC Law Students and Faculty]

A comprehensive treatise on real property law, topics covered by this resource include: adverse possession, agricultural and farm law, constitutional impacts, construction, conveyancing procedures, landlord-tenant, inns and innkeepers, international real property issues, petroleum, property in space, public/private nuisances, weather control and waste.

Professional Responsibility/Legal Ethics

Rotunda, Ronald D. Legal ethics : the lawyer's deskbook on professional responsibility. St Paul, MN : West Group, 2000- [KF306 .L44] [Full text also available online to UNC-Chapel Hill Law School with password]

This work provides analysis and commentary on the ABA Model Rules of Professional Conduct. It also includes citation to relevant case law and the Restatement of the Law 3d - The Law Governing Lawyers.

Annotated model rules of professional conduct . Bennett, Ellen J. et al., editors. 7th ed. Chicago, Ill. : Center for Professional Responsibility, American Bar Association, 2011. [KF305 .A2 2011].

This work contains analysis and commentary regarding the Model Rules on which many state rules of professional conduct are based.

Wolfram, Charles W. Modern Legal Ethics. St. Paul, Minn. : West Pub. Co., 1986. [KF306 .W59 1986] (Reserve Room)

Covering traditional and modern topics in legal ethics, this source discusses the lawyer client relationship, the role of lawyers, the delivery of legal services, and the judiciary among other areas.

Mallen, Ronald E. Legal Malpractice. Eagan, Minn. : Thomson West, 2005- [KF313 .M29] [Available electronically via Westlaw Next to UNC Law Students and Faculty]

This work takes the time to analyze malpractice, offering discussion of prevention and insurance issues.

Torts

Dobbs, Dan B. The law of torts. St. Paul, Minn. : West Group, 2011. [KF1250 .D62 2011] (Reserve Room) [Available electronically via Westlaw Next to UNC Law Students and Faculty]

Dobbs’ Law of Torts is a comprehensive discussion of legal principles and rules of tort law. The treatise is divided into seven broad sections: introduction of tort law, intentional physical interference with person and property, negligent physical interference with person or property, immunities and special duties, innocent interference (strict liability), personal injury cases, and dignitary/economic torts.

Daye, Charles E. and Mark W. Morris. North Carolina law of torts. 2nd ed. New Providence, N.J. : LexisNexis, 2012. [KFN7595 .D39 2012] (Reserve Room) [Full text also available online to UNC-Chapel Hill Law School with password]

Focused on tort law in North Carolina, this treatise is divided into four rough parts: intentional torts and defenses, negligence and defenses, strict liability and defenses, and other torts overlapping these categories.

Logan, David A. North Carolina Torts. Durham, N.C. : Carolina Academic Press, 2004. [KFN7595 .L64 2004] (Reserve Room)

This work covers the law of torts in North Carolina with particular focus on personal injury, damage to reputation, property, and business interests. It discusses not only North Carolina case and statutory law, it pulls from other jurisdictions and secondary sources to fully discuss future trends.

Harper, Fowler V. Fleming James, Jr., and Oscar S. Gray. Harper, James and Gray on torts. New York, NY : Aspen Publishers, 2006. [KF1250 .H37 2006]

A multi-volume treatise, this work offers analysis of tort law which have changed in recent history, including prenatal injury liability, privacy torts, and comparative negligence among others.

Morris, Daniel A. Federal Tort Claims. [Available electronically via Westlaw Next to UNC Law Students and Faculty]

Federal Tort Claims covers the law of tort actions against the United States. Chapters on jurisdiction, applicable law, damages, costs and fees, and judicial procedures, among others, deal with procedural matters. Chapters on specific types of claims—e.g. medical malpractice, property damage, and motor vehicle claims—delve into the details of certain claims.

Trusts & Estates

Page, William Herbert, Page on the law of wills : including probate, will contests, evidence, taxation, conflicts, estate planning, forms, and statutes relating to wills. 4th ed. Rev. treatise by William J. Bowe and Douglas Parker. Cincinnati : W.H. Anderson Co. 1960- [KF755 .P33 1960]. [Full text also available online to UNC-Chapel Hill Law School with password]

This comprehensive treatise covers topics such as the history of wills, elements of wills, capacity, what can be disposed of in a will, probate, construction, tax and debts, and others. Federal and state law is examined.

McGovern, William M. Wills, trusts, and estates: including taxation and future interests. 4th ed. St. Paul, MN : West, 2010. [KF755 .M34 2010] (Reserve Room)

Wills, Trusts, and Estates emphasizes the Uniform Probate Code and Uniform Trust Code in its analysis of many topics within this body of law. It examines the law in historical context, and also notes ongoing trends and changes in the law.

Holding, Graham D. and Reid, Christy Eve. BB&T estate planning forms manual. 2006 rev. Raleigh, NC. : BB&T Corporation, 2006. [KFN7540 .H64 2006] (Reserve Room).

This North Carolina estate planning manual contains primarily forms with sample language and brief introductions for context. There are multiple versions for many of the types of will forms included. Types of forms include those for simple wills, for pour-over wills, and for various trusts among others.

McLaughlin, James B. Wiggins wills and administration of estates in North Carolina. 4th ed. Eagan, Minn. : Thomson West, 2005. [KFN7544 .W54 2005]. (Reserve Room) [Full text also available online to UNC-Chapel Hill Law School with password]

This volume, which focuses on North Carolina estates, discusses the history of the law as well as the present administration of estates. Wiggins Wills analyzes current implications of federal, state, and local taxes on wills, as well as legislative changes and trends. Topics covered include: holographic and nuncupative wills; capacity; fraud and mistake; execution, attestation and revocation of wills; and probate, among others.

Manning, Jerome A. Manning on Estate Planning. New York City : Practising Law Institute, 2004- [KF749 .M36 6th] [Available electronically via Westlaw Next to UNC Law Students and Faculty]

Manning on Estate Planning is a practical guide to planning wills and estates, with chapters on getting started, making gifts, generation skipping, life insurance, retirement benefits, business interest, choosing executors and trustees, and other topics of interest. It covers both state and federal law, as well as citing to useful secondary material.

Price, John R. Price on Contemporary Estate Planning. Chicago, IL : CCH, 2006- [KF750 .P75]

This single-volume estate planning resource contains practical tips for practice as well as analysis of major issues in estate planning.

Scott, Austin W. et al., Scott and Ascher on Trusts, 5th ed. New York : Aspen Publishers, 2006. [KF730 .S3 2006]

Scott and Ascher on Trusts is a multi-volume, comprehensive treatise on the law of trusts. It contains practical advice on creating, administrating, and terminating all kinds of trusts as well as analysis of underlying principles.

Last updated by JVR: 7/11/2014



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