The Legal Advocate

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Category Archives: Book Reports

Nita City Housing Authority v. Johnson

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20130307102612204Nita City Housing Authority v. Johnson, Second Edition is now available. Written by Mark Caldwell, NITA’s Director of Resources for Public Programs, this case file examines, among other issues, an important question: when is graffiti considered gang activity, and when is it considered art?

Nita City Housing Authority v. Johnson is a wrongful eviction case, filed in response to Ladonna Johnson’s refusal to follow eviction instructions. Nita City Housing has evicted Ladonna, her two grandchildren, and her great-grandchild from their apartment at the public housing complex Nita Gardens.  Nita City Housing Authority claims that Ms. Johnson’s grandson, Elroy, is involved with a local gang and is putting the other complex residents at risk by hanging out with gang members on the property and writing graffiti in the neighborhood. Elroy insists he is not involved with gangs and that he only tags as an art form.

Ms. Johnson is disputing the eviction notice, and believes that it is being served in response to her recent protests. She had formed a Tenant Action Committee and staged public protests in and around the complex when the building management refused to install a complex-wide fire sprinkler system. Ms. Johnson contends her rights to peaceful protest were challenged, and she is being evicted because of the protests.

Nita City Housing Authority v. Johnson is a modern and relevant case file that considers issues taking place throughout major cities. Graffiti is becoming increasingly recognized as a valid art form, not solely a gang-related activity, and charges involving graffiti will have to start accounting for this shift in perspective. The case file also examines classic issues around eviction rights and rights to peaceful protest. Students, practitioners, and professors will find this case file engaging and challenging.

The case file includes a CD with full-color exhibit slides as well as a sample PowerPoint presentation of the exhibits.

ISBN: 9781601562142 ∙ Pages: 114 ∙ Retail Price: $35.00

Order Now at lexisnexis.com.

ADR Series: Arbitration Advocacy, 2nd Edition

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Arbitration Advocacy 2nd Ed

If you are looking for one book to guide you through the arbitration process, look  no further than the NITA classic Arbitration Advocacy, 2nd Edition.

Authors John W. Cooley and Steven Lubet have combined their experiences in the courtroom and classroom to bring you a detailed and in-depth guide to arbitration and Alternative Dispute Resolution. This comprehensive text is designed to help readers understand and master arbitration and ADR from beginning to end. Arbitration Advocacy has been written for ADR practitioners, ADR neutrals and arbitrators, CLE organizations and participants, and teachers and students.

The book takes readers through the entire arbitration process, with chapters on general description of ADR and arbitration, pre-arbitration considerations, advocacy during arbitration hearings, and effective advocacy in cyberarbitration. Chapter 5 includes adapted sections of the NITA bestseller Modern Trial Advocacy, which discuss trial advocacy principles that pertain to arbitration hearings.

In-text charts supplement the material as the reader works through the book, helping to break down the content. The 200+ page appendix includes:

  • Checklists that detail key elements of chapters 2-6
  • American Arbitration Advocacy rules
  • Uniform and Federal Arbitration Acts
  • JAMS Rules and Procedures
  • Selected ABA Rules of Professional Conduct
  • and much more!

 

To order your copy of Arbitration Advocacy, go to lexisnexis.com. You can review more of NITA’s ADR books here.

ADR Series: Mediator’s Handbook, 2nd Edition

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As part of our ADR series, this month’s book report will highlight a textbook that supports and educates legal professionals involved with Alternative Dispute Resolution. The Mediator’s Handbook is a NITA favorite, and a book that covers all aspects of mediation and ADR.

This book is broken down into stages, to better separate and explain the mediation process. The stages include the Initiation and Preparation Stages, the Introduction Stage, the Problem Statement Stage, the Problem Clarification Stage, the Generation and Evaluation of Alternatives Stage, and the Agreement Stage. These stages are prefaced and summarized with introductory and conclusive chapters as well. The Mediator’s Handbook also includes lengthy and convenient Appendices, which provide the reader with helpful checklists, guidelines, examples, and models of mediation-related processes.

The Mediator’s Handbook discusses the basics of mediation; communication skills; pre-conference, conference, and post-conference duties; and hybrid and non-mediation processes. Author John W. Cooley has used his years of experience as a government and private practice mediator to create a book that relates to legal professionals of all capacities, including:

  • Mediators and lawyers who are involved with litigation and non-litigation disputes
  • Organizers and participants of Continuing Legal Education programs
  • Teachers and students of law courses on mediation, mediation advocacy, or ADR, and
  • Advocates who represent clients in mediation.

 

To order your copy of The Mediator’s Handbook, 2nd Edition, go to lexisnexis.com. You can review more of NITA’s mediation and ADR books here.

Dixon v Providential Life Case File FBA0719 - Cover

Then and Now: Dixon v. Providential Life Insurance Co.

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Dixon v. Providential Life Insurance Co. is one of NITA’s oldest case files. The original publication was written by James H. Seckinger and published in 1977,  and was included in a compilation book titled Cases in Trial Advocacy 1977-1978. The case examined the death of Judge John Dixon, whose wife found him with a gunshot wound to the head. She sued Providential Life Insurance Co. for failure to pay on his life insurance policy. Providential claimed that the death was not proven to be accidental, and instead claimed that Judge Dixon’s death was a suicide.

 

Today, Dixon v. Providential Life Insurance Co. looks just a little bit different than it did 35 years ago. Last updated in 2000, the case file has been adapted by NITA authors Edward R. Stein and Frank D. Rothschild, but has retained Seckinger’s original case summary. Dixon v. Providential Life Insurance Co. is now sold as its own case file, and as a Technology Case File includes an interactive DVD. It is one of NITA’s best-selling case files and is used in classrooms, programs, and trainings worldwide.

 

Books and case files must constantly be updated to retain relevancy and accuracy, and that is evident in this case file. While the summary has remained the same, facts and figures must be adjusted over time. For example, the original life insurance policy was for $50,000–in the 2000 edition, the claim is over a policy worth $250,000.

Learn more and purchase the newest edition here!

Modern Trial Advocacy: eBook

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NITA has been working tirelessly to build our library of eBooks  and we are pleased to announce that Modern Trial Advocacy is now available for download onto your Kindle. This NITA bestseller is a comprehensive trial advocacy guide, used by law schools throughout the country since it was first published in 1993. Modern Trial Advocacy covers the entire litigation process, with chapters on trial tools, direct examination, cross-examination, expert testimony, objections, opening and closing statements, and more. Law school students and legal professionals alike will benefit from the book’s theory-driven approach as well as the expanded discussions introduced in this fourth edition.

Author Steven Lubet has published more than fifteen books and hundreds of articles relating to trial advocacy and law, including topics such as litigation, legal history, international criminal law, dispute resolution and legal education. Lubet is the Edna B. and Ednyfed H. Williams Memorial Professor of Law at Northwestern University, where he directs the Bartlit Center on Trial Strategy.

To order Modern Trial Advocacy for Kindle,  click here. To view other NITA publications available in eBook format, click here.

NITA’s team of practicing lawyers, professors and judges from around the nation dedicates its efforts to the training and development of skilled and ethical legal advocates to improve the adversarial justice system. NITA's Goal is to:
  • Promote justice through effective and ethical advocacy.
  • Train and mentor lawyers to be competent and ethical advocates in pursuit of justice.
  • Develop and teach trial advocacy skills to support and promote the effective and fair administration of justice.
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