Are you attending the 2023 AALL Annual Meeting & Conference in Boston this summer? Join us for a luncheon to reconnect and learn what is new with PLI, including enhancements and upgrades to PLI PLUS.
The luncheon will take place on Sunday, July 16 from 12:45 to 1:45 p.m.
Email us at libraryrelations@pli.edu to RSVP if you will attend, and we will include location details in your confirmation email.
Advertising and Commercial Speech: A First Amendment Guide offers a practical examination of how the U.S. Supreme Court’s commercial speech doctrine impacts advertising across nearly 50 industries and professions. The book explores legal standards for defamation, false commercial speech, and disparagement along with developments around advertising for alcohol, financial institutions, professional services, medication, real estate, tobacco, and more.
Among the many topics discussed in this new release are the following:
Compelled editorial transparency: New section 12:13 discusses laws passed in Florida and Texas targeting social media platforms’ efforts to combat user-generated disinformation posted on their websites.
On-site and off-site signs and billboards:Section 13:2.1[A][7] covers the Seventh Circuit’s ruling regarding whether to apply strict scrutiny or intermediate scrutiny to an ordinance limiting digital displays and off-premises signs.
Drugs & drug paraphernalia:Section 14:14 explores a case from the Washington Court of Appeals rejecting a challenge to the state’s advertising restrictions on marketing cannabis products.
Regulation of advertising content: Revisions to chapter 14 include:
The ruling of a Florida judge regarding whether part of the state’s Stop W.O.K.E. Act, which forbids companies from undertaking mandatory employee DEI training programs designed to limit or avoid discrimination practices, is unconstitutional (see section 14:16 on fair employment); and
The Eastern District of Arkansas’ final ruling in the Tofurky case involving marketing of plant-based foods (see section 14:20 on food).
Commercial Ground Leases is a definitive guide to drafting, negotiating, and finalizing equitable, error-free leasing documents that address the needs of both landlord and tenant. It features adaptable, time-saving agreement language and contains numerous appendices, including forms of letter of intent, leasehold mortgagee protection clauses, intercreditor agreements, fee and leasehold deed of trust provisions, estoppel certificate and guaranty, and a complete ground lease with many alternative clauses.
Highlights of the new release include:
Chapter 1: Updated discussion reviews ground lease terms and situations that necessitate their review (see section 1:4.2).
Chapter 3: Updated discussion closely examines inflation indexing as provided in Appendix X (see section 3:4.3).
Chapter 8: New discussion of Freddie Mac’s Multifamily Seller/Servicer Guide, specifically chapter 30, which sets requirements of ground lease mortgages (see section 8:14).
Chapter 16: Updated discussion of exceptions to nonrecourse liability (see section 16:6).
Appendix X: Chart 1 attempts to show how several elements of common indexing formulae would have fared over the fifty-year period from 1972 through 2021 using actual CPI data from the U.S. Bureau of Labor Statistics. Chart 2 uses the same historical CPI data, but starts the hypothetical lease term ten years later, in 1982.
We add content to PLI PLUS every month to ensure our subscribers have access to the most up-to-date and relevant secondary source legal documents. Renowned legal experts regularly update our acclaimed Treatises, Course Handbooks, Answer Books, Transcripts, and Forms to reflect recent changes and developments in the law.
Holtzschue on Real Estate Contracts and Closings is an invaluable resource for attorneys and general practitioners who handle real estate deals as well as an important reference for brokers, title insurers, and inspectors. It distills more than thirty years of transactional experience into one plain-English treatise that clearly explains governing law and customary industry practices. The book provides useful legal, technical, and strategic guidance and checklists for sellers’ and purchasers’ attorneys preparing them to execute dispute-free residential deals quickly and easily.
This new release offers the latest information crucial to your practice. Highlights include:
Chapter 2, Drafting and Negotiating the Contract: Discussions updated to include: the New York City Bar Association and the NYSBA Real Property Section’s contract for the sale of a cooperative apartment (see section 2:1.2[A]); and a new 114-page commercial contract of sale created by the American College of Real Estate Lawyers and published earlier this year (see section 2:1.2[C]). New and updated cases and other authority throughout the chapter, including in the following areas: findings on whether the statute of frauds is satisfied (see section 2:1.1); time of the essence (see section 2:2.9[A]); entitlement of brokers to commissions (see section 2:2.10[A]); and caveat emptor exceptions requiring disclosure (see section 2:2.11[A][2]).
This helpful resource provides on-point answers to all aspects of federal bail and detention law — especially those involving critical provisions of the Bail Reform Act of 1984. Through discussions told from grounded judicial perspectives, the book presents helpful practice pointers when confronting common Bail Reform Act problems. It also showcases an extensive series of forms, sample orders, and sample motions that defense counsel and assistant U.S. attorneys can reference.
Some of the recent developments reflected in this new edition include:
Weight of Evidence: Coverage of the United States v. Zhang case in which the Second Circuit ruled on whether the Bail Reform Act provides guidance on the relative weight the court should give the various section 3142(g) factors in deciding questions of release and detention (see Section 4:3).
Least Restrictive Possible Conditions: An update on a case arising from the January 6, 2021, invasion of the Capitol about whether the D.C. Circuit Court upheld or reversed the district court’s denial of the defendant’s request to travel abroad for three weeks for an educational opportunity (see Section 5:3).
Conditions in Every Bond: New discussion of a Third Circuit ruling regarding whether the “no crimes while on bond” condition prohibits the possession or use of marijuana in a state where marijuana is legal and in a situation in which the defendant has a “medical marijuana” authorization from a physician for its use (see Section 5:4).
Detention or Release Pending Competency Examination: New information about a Ninth Circuit case which considered whether a lack of an available bed at an appropriate facility relieves the Attorney General of the duty to attempt to rehabilitate the defendant within a brief period (see Section 14:10).
“Amusing” is perhaps not the first word to come to mind when describing the content you find in a legal research database. But every once in a while, you’ll come across a chapter on PLI PLUS that causes pure delight. In honor of the theme of this year’s National Library Week — “There’s More to the Story” — we’ve scoured our database to present a handful of fun, offbeat, zany, or just plain fascinating tidbits from the depths of PLI PLUS.
Anyone who practices intellectual property law surely has heard of the monkey selfie and the infamous whiskey-branded dog chew toy. Equally endearing (and hilarious) are the descriptions of feline exercise in this chapter from 2020’s Patent Fundamentals Bootcamp course handbook:
Snippet: This method recites method of inducing aerobic exercise in an unrestrained cat; and directing an intense coherent beam of laser light … in a vicinity of the cat. Redirecting the light to induce the cat to chase it. We are not inducing humans to chase the spot from the laser pointer.
For a dose of celebrity drama, check out this chapter from the 2016 course handbook Fundamentals of Taking and Defending Depositions, which features a transcript from a deposition in which Lady Gaga testifies against her ex-best friend/former assistant:
Snippet: Because she slept in Egyptian cotton sheets every night, in five-star hotels, on private planes, eating caviar, partying with Terry Richardson all night, wearing my clothes, asking YSL to send her free shoes without my permission, using my YSL discount without my permission.
In this lively transcript from last year’s Advertising Law Institute, you’ll find a hysterical sequel to a classic children’s book, in which the main character is all grown up and a lawyer:
Snippet: In high school and in college, he thought he was a real bad dude. And he started smoking and maybe hanging around with a rough crowd. But I have good news for you. He turned things around, and he eventually went to law school.
The artist Banksy makes an appearance alongside a succinct history of graffiti and a fascinating discussion of Street Art and the law in this chapter from the popular PLI treatise Art Law: The Guide for Collectors, Investors, Dealers & Artists (Fifth Edition):
Snippet: Although, from the 1960s on, a number of these artists of the street sought to initiate political change and enhance community awareness of particular issues through their art, the public largely viewed the early graffiti artists as vandals and few supported their work.
The treatise Trial Evidence Brought to Life: Illustrations from Famous Trials, Film and Fiction is chock full of pop culture. We’re particularly fond of the chapter that recalls Marissa Tomei’s superb performance as an expert witness in the 1992 film My Cousin Vinny:
Snippet: Well, my father was a mechanic, his father was a mechanic, my mother’s father was a mechanic, my three brothers are mechanics, four uncles on my father’s side are mechanics.
Finally, as members of the law librarian community, this chapter from 1997’s Managing the Law Library course handbook is especially dear to our hearts. Some might call it outdated, but we see it as an amusing reminder of how far our profession has come in the last several decades. It also illustrates how librarians are always looking ahead — because there’s more to the story!
Sack on Defamation—widely cited by U.S. courts including the U.S. Supreme Court, academics, and attorneys—offers strategic guidance for both plaintiffs’ and defense attorneys and fully covers the basic elements of a defamation claim. The treatise pinpoints how to identify practical legal issues such as when “truth” is not a defense, insults and name-calling that cross the line into defamation, how “public disclosure of private facts” becomes actionable, why statements of “opinion” are not protected, and when defamatory communications are privileged. It also integrates coverage of Internet and social media issues.
Highlights of the new release include developments covering the following topics:
Statements held to be nonactionable: Discussion of a Delaware case in which the court considered the issue of whether a letter to an employer calling an employee’s outside actions “racist” is constitutionally protected (see section 4:3.5).
Standard of conduct: public plaintiffs: The list of “vortex” public figures has been expanded (see section 5:3.5).
Standard of conduct: private plaintiffs: Coverage of a case about whether the 2020 amendments to New York’s anti-SLAPP statute are retroactive (see section 6:4).
Absolute privilege and government agencies: Summary of an unusual case from Oregon concerning false statements entered into a patient’s medical record by physicians who worked for a public corporation health system (see section 8:2.4[A]).
Invited defamation: Spotlights a case from the Second Circuit in which former U.S. Senate candidate and Alabama Supreme Court Justice Roy Moore accused comedian Sacha Baron Cohen of defamation for falsely portraying Moore as a pedophile in a mock interview for Cohen’s television program (see section 8:2.8).
We add content to PLI PLUS every month to ensure our subscribers have access to the most up-to-date and relevant secondary source legal documents. Renowned legal experts regularly update our acclaimed Treatises, Course Handbooks, Answer Books, Transcripts, and Forms to reflect recent changes and developments in the law.