Faculty Books & Edited Works

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  Law and Revolution: Past Experiences, Future Challenges

  Matej Accetto, Katja Škrubej, and Joseph H. H. Weiler

  The last one hundred years have seen a number of events that could be perceived as disruptive challenges to the normal operation of the legal order. Some have been disruptive innovations of technologies or business practices, others social changes or constitutional transformations, further buttressed by the impact of globalisation and interdependence affecting the development of international, transnational and global law. Coincidentally, this period of one hundred years has been bookended by two pandemics, themselves disruptive realities testing the resilience as well as the adaptability of the legal regimes. A hundred years ago, the founding dean of a newly established law faculty beginning its mission amid the ashes of the First World War and the disintegration of the only remaining European empire gave an opening lecture exploring the role of law and judges in the face of revolutionary societal changes. Drawing upon that important text, this edited volume explores similar challenges for law brought about by various disruptive realities. The collection looks at the past as well as the future. Following the text of the opening lecture by Pitamic, the contributions are grouped under five headings, dealing with the law and revolution in 1918, the challenges posed for law by the seemingly more gradual political or technological transformations, the effects of globalisation and the changing world, with the final contributions reassessing the law, its methodologies and traditional paradigms including, in the epilogue, the challenges posed for law the recent disruptive reality of the Covid-19 pandemic. The book will be of interest to academics, researchers and policy-makers working in the areas of legal history, jurisprudence, constitutional law, law and politics, and law and technology.

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  The Complexity of Human Rights: From Vernacularization to Quantification

  Philip G. Alston

  This book provides the first systematic assessment from a human rights law perspective of the landmark contributions of the renowned legal anthropologist, Sally Engle Merry. What impact does over-simplification have on human rights debates? The understandable tendency to present them as a single, universal, and immutable concept ignores their complexity and by extension only serves to weaken them. Merry and her colleagues transformed human rights thinking by highlighting the process of ‘vernacularization’, which sees rights discourse as being unavoidably dependent upon translation and interpretation. She also warned of the pitfalls of excessive reliance upon statistical and other indicators, through the process of quantification. Here the leading voices in the field assess the significance of these contributions.

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  Women's Property Rights Under CEDAW

  José E. Alvarez and Judith Bauder

  Women’s Property Rights Under CEDAW constitutes the first comprehensive synthesis of the CEDAW's property jurisprudence in English. The book effectively summarizes criticisms made of CEDAW and international human rights regimes, as well as responses to the criticisms. It assesses the challenges facing the CEDAW regime as well as its potential to advance transformational change. Women’s Property Rights Under CEDAW makes unique comparisons between CEDAW's equal rights to property and property rights protected under the international investment regime, the ICCPR, and the ICESCR. The gender gap with respect to wealth and property is a chasm. For over 40 years, the leading international treaty body on women's rights, the Committee on the Elimination of All Forms of Discrimination Against Women (the CEDAW Committee), has been generating jurisprudence interpreting CEDAW's obligations that states protect the equal rights of women in relationships; family rights, including inheritance; rights to land, adequate housing, financial credit, social benefits, intellectual property, and other economic rights dependent on equal access to justice. This book uses the CEDAW Committee's own texts: its General Recommendations, Views in response to communications, Concluding Observations in response to State reports, and Reports on Inquiries. The book finds that CEDAW's vision of what it means for women to have equal rights to property is dramatically different from what many scholars consider to be the leading source of "the international law of property," namely the case law generated on behalf of foreign investors' property under the international investment regime. CEDAW's vision is also more far-reaching and nuanced than the gender equality approaches followed by international financial institutions like the World Bank, whose gender equality rhetoric exceeds its actual on-the-ground development efforts. While CEDAW's property rights converge with those protected under other international human rights regimes, they remain unique in addressing the underlying patriarchal structures, stereotypes, and forms of intersectional discrimination that have undermined the fundamental rights of women and girls and led to their continued impoverishment all around the world. This book concludes that CEDAW's re-engendering of property--although a flawed and evolving work in progress--has the potential to be transformative for the half of the planet who is more likely to be treated as property than to have any.

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  Münchener Kommentar zum Handelsgesetzbuch

  Ulrich Brink, Dorothee Einsele, Jens Ekkenga, Franco Ferrari, Timo Fest, Lutz Haertlein, Franz Häuser, Carsten Herresthal, Dimitrios Linardatos, Sebastian Omlor, Abbas Samhat, Axel Schlieter, Bernd Singhof, and Kai Zahrte

  This first-class commentary on commercial law is a valuable aid in the daily struggle to find, draft and maintain the law. Volume 6 takes into account the complexity of banking contract law from the basics to the mutual interrelationships, including European and international references. The new edition of Volume 6 systematically presents the law of payment services in Sections 675c-676c of the German Civil Code, taking into account the information obligations regulated in the EGBGB and the General Terms and Conditions. This creates an overall overview that cannot be easily deduced from the detailed provisions themselves. The complex of topics of sustainable finance must be taken into account, among other things, in the area of ​​investment advice and in the section on securities transactions.

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  Securities Regulation: Cases and Analysis

  Stephen J. Choi and A. C. Pritchard

  This casebook offers a clear and concise introduction to securities regulation and securities markets, with a single-minded focus on disclosure and the economics of information. It is concise, easy to read, and student friendly. The casebook makes securities regulation easy to teach and understand. It focuses on the important principles students need to understand to be effective corporate lawyers. The chapters are organized around motivating hypotheticals that explore the various issues relating to each chapter’s topic. These hypotheticals make it easier for the students to follow the material. In addition, they are a useful teaching device allowing students to grapple with issues that they are likely to face as corporate lawyers. The supporting materials for the book also provide role-playing and prospectus-drafting exercises to involve students in learning tedious securities materials (e.g, prospectuses). The book avoids policy debates and instead focuses on understanding the rules as they are. It contains tables and charts to organize complicated material. This casebook focuses on overarching topics such as materiality and the definition of a security up front, before delving into the details of how the Securities Exchange Act of 1934 and the Securities Act of 1933 operate. The Sarbanes-Oxley, Dodd-Frank, and JOBS Acts, are all covered, with separate chapters devoted to enforcement and gatekeepers. The Sixth Edition has been updated throughout to include recent Supreme Court cases and important developments in the lower courts, as well as recent rulemaking initiatives by the SEC.

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  Cases and Materials on Torts

  Richard A. Epstein and Catherine M. Sharkey

  Concise yet comprehensive Cases and Materials on Torts gives 1Ls a solid foundation in the historical evolution of doctrine and social and economic theory to apply to contemporary issues facing courts. Cases and Materials on Torts preserves historical and conceptual continuity between the present and the past, while addressing the most significant contemporary controversy in fast-moving areas like public nuisance, global warming, products liability, and new litigation against internet providers. Towards our dual ends, the Thirteenth Edition retains the great older cases, both English and American, that have proved themselves time and again in the classroom, and which continue to exert great influence on the modern law. This book also provides a rich exploration of the dominant corrective justice and deterrence (or prevention of harm) approaches to tort law, as exemplified both in the retained and new cases and materials. New to the Thirteenth Edition: developments at the cutting edge of public nuisance law, including the opioids crisis, global warming, and the sale of guns; expanded consideration of the duties of online platforms, as illustrated by vicarious liability against Uber; products liability against Snapchat for defective algorithmic design and against Amazon for sale of defective goods; and novel claims of affirmative duties to rescue on Facebook and rideshare companies; developments in drug litigation, including duties to report adverse events to regulators post-approval and “innovator liability” on brand-name manufacturers for failure to warn by generic manufacturers; recent transformations in setting of compensatory damage awards, with the addition of draft materials of the Restatement (Third) of Torts: Remedies, including matters relating to race and gender; a more streamlined casebook appropriate for a comprehensive 1L Torts course. Professors and students will benefit from: clear organizational framework of the book; important historical lines of cases that help understand legal reasoning and the evolution of precedent; inclusion of key academic commentary and elaboration of central intellectual disputes over the nature and function of the tort law; extensive notes with topic headlines that elaborate basic concepts through relevant cases, both old and new, that help shape the most complex contemporary issues facing courts; great attention given to cutting edge tort developments.

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  Regulation of Lawyers: Problems of Law and Ethics

  Stephen Gillers

  In this, the Thirteenth edition of Stephen Gillers’ book, Regulation of Lawyers: Problems of Law and Ethics, the author’s goal, as always, is to teach the law and rules governing lawyers and judges with engaging writing and a conversational voice. To that end, he sprinkles the text with literary and historical references, references to current events, amplifying asides (“by the way” stories), and humor. There are new cases, and some repeat cases have been further edited. New problems have been added, and some former problems have been revised to better crystalize their issues. As always, the problems aim for credibility through detail. In addition to the self-study questions and answers, most chapters now contain one or two short “Pop-up Questions” with answers a few pages later. The clarity of notes on secondary issues makes it possible to assign these with little need for class discussion, freeing time for the principal lessons. New to the Thirteenth Edition: New cases and materials on: the formation of the attorney-client relationship he elements of competency, including cultural competency; privilege and confidentiality and their exceptions; allocation of authority between lawyer and client; discipline for inflating bills; screening to prevent imputation of lateral lawyer conflicts; the interplay between Rules 1.7(a)(2) and 1.8(a); prosecutorial misconduct; a lawyer’s responsibility for real evidence, such as weapons; Rule 8.4(g); the Supreme Court’s decision in 303 Creative; client identity in the corporate context (U.S. v. Elizabeth Holmes); discipline for lying to the public (Rudolph Giuliani and Jenna Ellis); litigation funding; “Pop-up Questions” (and answers) in most chapters. Benefits for instructors and students: high-profile author—Professor Gillers is a highly visible and recognized national authority on professional responsibility; comprehensive coverage—includes the full range of professional responsibility issues; excellent case selection; manageable length; well-balanced mix of cases, secondary sources, and timely materials—often drawn from recent headlines, and which supports its comprehensive coverage of professional responsibility issues; realistic, helpful, and abundant problems—many based on actual events, and which facilitate class discussion and enable students to understand the rules and regulations that will govern their professional behavior; detailed and challenging notes—providing in-depth treatment of the issues; accessible and engaging style—characterized by variety, clarity, and humor; discussion beyond the rules and from different perspectives—to recognize that the law is not necessarily self-evident and covers many subtleties.

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  Estate and Gift Taxation

  Brant J. Hellwig and Robert T. Danforth

  Estate and Gift Taxation, now in its fourth edition, provides teaching materials for a course on the U.S. transfer tax system as it exists following enactment of the Tax Cuts and Jobs Act of 2017. In addition to incorporating pronounced changes to the prevailing levels of the unified credit over recent years, the fourth edition addresses the effect of pending legislative changes (such as the anti-clawback regulations under § 2010) resulting from the sunset of key provisions of the 2017 legislation scheduled to take effect in 2026. The fourth edition also includes coverage of recent regulatory and case law developments since publication of the third edition. The text opens with an overview of the federal transfer tax regime, one intended to introduce students to the basic structures of the estate tax, gift tax, and generation-skipping transfer (GST) tax. After this introduction, the text proceeds to examine the estate tax and gift tax bases primarily in a context-specific (e.g., life insurance, retained-interest transfers, marital transfers) manner, and the majority of the text is devoted to these topics. The text then transitions to a discussion of the GST tax base and allocation of the GST tax exemption, followed by a discussion of the special valuation rules under Chapter 14 (apart from § 2702, which is addressed earlier in the context of retained-interest transfers). The text closes with a chapter devoted to the application of the U.S. transfer tax regime in the international setting. The text differs considerably from the traditional casebook format. Critical passages of important cases or rulings generally are limited to excerpts in the overview, and edited opinions of seminal decisions appear on only a handful of occasions. Each chapter closes with a set of sophisticated, practice-oriented problems that require students to spot and resolve issues that would be encountered in an estate planning practice. The text is structured through 26 discrete chapters, and the chapter headings supply a reasonable course syllabus. While some of the longer or more complicated chapters may require two class sessions, most chapters are intended to be covered in a single class. Adopters of the text will have access to a Teacher's Manual that provides thorough answers to the practice-oriented problems included at the end of each chapter.

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  Understanding Estate and Gift Taxation

  Brant J. Hellwig and Robert T. Danforth

  Understanding Estate and Gift Taxation is designed primarily for use by law students taking a course on the United States transfer tax system, i.e., a course on the estate, gift, and generation-skipping transfer taxes. The book consists of 26 chapters, each addressing one of the basic topics typically covered in a course on the transfer tax system, including the computation of estate, gift, and generation-skipping transfer taxes; the gift tax annual exclusion; the estate and gift tax marital deductions; and the estate and gift tax implications of transfers with retained powers or interests. Because the Internal Revenue Code and Treasury Regulations are the primary source materials for the transfer tax system, the book includes numerous excerpts of those provisions. Each chapter also includes summaries of the leading cases and IRS rulings, plus examples of how this area of the law applies to common fact patterns. The new third edition is designed primarily for law students, but it is also intended to be useful to practitioners, including generalists who need a relatively brief summary of an estate and gift tax topic, beginning lawyers who intend to specialize in estate and gift taxation and estate planning, and experienced lawyers who wish to expand their practices into estate and gift taxation and estate planning. The book would also be useful to accountants who practice in these areas.

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  Law for Leviathan: Constitutional Law, International Law, and the State

  Daryl J. Levinson

  For the past several centuries of Anglo-American legal thought, law has been paradigmatically understood as the product of the state. It is the state, operating through the legal and political institutions of its government, that imposes law on the people who are its subjects. Over the same centuries, however, the development of international law and constitutional law has made the state itself subject to law. These systems of law for states necessarily work differently. For one thing, law for states must do without a super-state or government standing above the state, capable of creating and enforcing law. For another, the state is a unique kind of legal subject, calling for different behavioral models, moral standards, and regulatory techniques than those developed for ordinary people. It is precisely these differences that have long marked international law as a curious, and in many eyes dubious, form of law. Constitutional law, in contrast, has seldom been subject to the same doubts, or fully understood as different in kind from legal systems run by and through the state. As a result, constitutionalists have lagged their internationalist counterparts in coming to grips with the common project of making the state the subject rather than the source of law. By assimilating constitutional and international law as parallel projects of imposing law upon the state, and by highlighting the peculiarities of the state as a subject of law, this book aspires to close that gap, and to bring focus to Law for Leviathan as a distinctive legal form.

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  The Trump Indictments: The Historic Charging Documents with Commentary

  Melissa Murray and Andrew Weissman

  Collecting the four unprecedented indictments against Donald Trump, this essential volume features extensive commentary by NYU law professors and MSNBC contributors Melissa Murray and Andrew Weissmann. In the long span of American history, Donald Trump is the first former president to face criminal indictment. He is the subject of a series of explosive charges across four cases: the January 6 case brought by Special Counsel Jack Smith; the election interference case in Georgia; the classified documents case also brought by Special Counsel Jack Smith; and the “hush money” case in New York. The Trump Indictments includes: an introduction offering historical background and international comparisons for criminal charges against a former political leader; the four indictments with annotations throughout, including insider notes from an eminent scholar (Murray) and a former federal prosecutor (Weissmann); a cast of characters, from Trump and his alleged co-conspirators to notable Proud Boys and Oath Keepers who face prison sentences as a result of related January 6 cases; a timeline that brings together in one place the critical events that led to the four indictments. A necessary handbook for anyone following the trials in 2024, The Trump Indictments will endure as an indispensable record of a democracy at the crossroads.

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  Environmental Law and Policy

  Richard L. Revesz, Michael A. Livermore, Caroline Cecot, and Jayni Foley Hein

  This casebook emphasizes environmental policy, as well as the structure and details of the federal environmental statutes. It focuses students’ attention on how tradeoffs between environmental goals and social goals are resolved in different and difficult contexts. The book pays close attention to the political context in which regulation takes place, looking at the impact of the federal government, interest groups, and administrative agencies in the regulatory process. It examines current efforts to address climate change and regulate greenhouse gases through existing statutory frameworks. The casebook includes substantial introductions and extensive notes and questions to guide classroom discussion. The book has been updated to reflect new developments in the law of natural resource management, water pollution, and climate change.

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  Revolution and Constitutionalism in Britain and the U.S.: Burke and Madison and Their Contemporary Legacies

  David A.J. Richards

  In Revolution and Constitutionalism in Britain and the U.S.: Burke and Madison and Their Contemporary Legacies, David A. J. Richards offers an investigative comparison of two central figures in late eighteenth-century constitutionalism, Edmund Burke and James Madison, at a time when two great constitutional experiments were in play: the Constitution of the Glorious Revolution of 1688 and the U.S. Constitution of 1787. Richards assesses how much, as liberal Lockean constitutionalists, Burke and Madison shared and yet differed regarding violent revolution, offering three pathbreaking and original contributions about Burke’s importance. First, the book defends Burke as a central figure in the development and understanding of liberal constitutionalism; second, it explores the psychology that led to his liberal voice, including Burke’s own long-term loving relationship to another man; and third, it shows how Burke’s understanding of the political psychology of the violence of “political religions” is an enduring contribution to understanding fascist threats to political liberalism from the eighteenth-century onwards, including the contemporary constitutional crises in the U.S. and U.K. deriving from populist movements. Mixing thorough research with personal experiences, this book will be an invaluable resource to scholars of political science and theory, constitutional law, history, political psychology, and LGBTQ+ issues.

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  Trial Manual 8 for the Defense of Criminal Cases

  Anthony G. Amsterdam and Randy A. Hertz

  The Trial Manual 8 for the Defense of Criminal Cases is a guidebook for criminal defense lawyers at the trial level. It covers the information a defense attorney has to know, and the strategic factors s/he should consider, at each of the stages of the criminal trial process. It is organized for easy access by practitioners who need ideas and information quickly in order to jump-start their work at any given stage. The allocation of material among the four volumes of the book is intended to facilitate defense attorneys’ use of the book: Volume One (Chapters 1-16) provides an overview of criminal procedure and then focuses on the issues a defense attorney is likely to confront, and the steps s/he will need to take, at the early stages of a criminal case, including: the first steps to be taken to locate, contact and protect a client who has been arrested or summoned or who fears s/he is wanted for arrest; arguing for bail or other forms of pretrial release; conducting the initial client interview; developing a theory of the case; dealing with police and prosecutors; planning and overseeing the defense investigation; conducting the preliminary hearing; grand jury practice; handing arraignments; and plea bargaining. This volume also addresses the additional considerations that may arise when representing a client who is mentally ill or intellectually disabled. Volume Two (Chapters 17-27) begins with a checklist of matters for counsel to consider between arraignment and trial, and then focuses extensively on pretrial motions practice. In addition to discussing strategic and practical aspects of drafting motions and handling motions hearings and non-evidentiary motions arguments, this volume covers the substantive law and procedural aspects of each of the types of motions that defense attorneys commonly litigate in criminal cases: motions for discovery (along with a discussion of all other aspects of the discovery process); motions to dismiss the charging paper; motions for diversion or for transfer to juvenile court; motions for a change of venue or for disqualification of the judge; motions for severance or for consolidation of counts or defendants; and motions to suppress tangible evidence, to suppress statements of the defendant, and to suppress identification testimony. These chapters provide detailed information about federal constitutional doctrines and a large number of state constitutional rulings that confer heightened protections. Volume Three (Chapters 28-40) starts with the immediate run-up to trial: issues relating to the timing of pretrial and trial proceedings; interlocutory review of pretrial rulings; and the concrete steps that counsel will need to take to prepare for trial, including working with expert witnesses where appropriate. It then begins the book’s coverage of the trial stage, discussing the decision to elect or waive jury trial; jury selection procedures and challenges before and at trial; general characteristics of trials; opening statements; evidentiary issues and objections; techniques and tactics for handling prosecution and defense witnesses; and trial motions. Issues, procedures, and strategies unique to bench trials are discussed in tandem with the parallel aspects of jury-trial practice. Volume Four (Chapters 41-49) concludes the coverage of the trial by discussing the renewed motion for acquittal; closing arguments; requests for jury instructions; objections to the court’s instructions; and jury deliberations. This volume then discusses posttrial motions and sentencing and concludes with a short summary of appellate and postconviction procedures and a précis of the first steps to be taken in connection with them. The structure and presentation of material are designed to facilitate the conversion of text into defense motions and other types of briefing. Three of the documents in the text are available for direct downloading from the ALI website: section 2.5’s flow-chart of procedures in summary, misdemeanor, and felony cases; section 4.5’s questionnaire for obtaining information pertinent to bail from the client; and section 6.15’s checklist for interviewing the client. The bail questionnaire and the interview list are in Word format that can be edited and thus customized to an individual user’s practice and/or turned into a form for use in taking notes in real time during client interviews. The downloadable versions of these documents are available at www.ali.org/trial-manual. The conventions the book uses for gender pronouns are designed to be fully inclusive. As societal conventions for gender pronouns change, the book’s terminology is updated. ABOUT THE AUTHORS: Anthony G. Amsterdam is a University Professor and Professor of Law Emeritus at the N.Y.U. School of Law. He previously taught at the University of Pennsylvania and at Stanford. Throughout and following his fifty years of law teaching (which were preceded by a stint as an Assistant United States Attorney in the District of Columbia), he has engaged in extensive pro bono litigation in criminal, civil-rights, and civil-liberties cases. He has also served as counsel, as a consultant, or as a member of the board of directors or advisors for numerous public-defender and civil-rights organizations. Randy Hertz is the vice dean of N.Y.U. School of Law. He has been at the law school since 1985, and regularly teaches the Juvenile Defender Clinic, 1L Criminal Law, Criminal Procedure, and a simulation course titled Criminal Litigation. Before joining the N.Y.U. faculty, he worked at the Public Defender Service for the District of Columbia, in the juvenile, criminal, appellate and special litigation divisions.

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  Federal Income Taxation

  Joseph Bankman, Daniel N. Shaviro, Kirk J. Stark, Edward D. Kleinbard, and Erin Adele Scharff

  The 19th Edition of Federal Income Taxation (authored by Joe Bankman, Dan Shaviro, Kirk Stark, and Erin Scharff) is the updated 2023 version of the classic casebook for law school classes in federal income taxation originally authored by Boris Bittker of Yale Law School. ntegrating theory and policy in an accessible format, the sterling author team of Federal Income Taxation imbues its subject with historical, economic, policy, and international perspectives. Problems integrated throughout the text bridge the gap between theory and practice. Each edition of this renowned text builds on and adds to the strengths of its predecessors. New to the 19th Edition: updated to reflect recent legislative and regulatory developments in the tax field; new materials relating to race and the federal income tax; new discussion and reorganization of materials on Earned Income Tax Credit and Child Tax Credit, integrating with material on tax progressivity; new materials included, including recent Private Letter Ruling, on medical expenses deduction for costs relating to IVF procedures, gestational surrogacy; inclusion of classic Supreme Court case, Squire v. Capoeman (1956), relating to taxation of income of Native American taxpayers derived from activities on tribal land. Professors and students will benefit from: notes, problems, and graphs make challenging material accessible; the highest integration of economics and policy analysis; a terrific teacher's manual with teaching notes on every case and concept; great pedigree and authorship: Original authors Boris Bittker and William A. Klein were eminent authorities (with beautiful writing styles). Bankman, Shaviro, Stark, and Scharff are among today's leading tax scholars; even with all the new material, it is still one of the shortest books around making it easy to teach from. Teaching materials include: extensive and detailed Teacher's Manual with teaching notes on every case and concept.

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  Trademark Law: An Open-Access Casebook

  Barton C. Beebe

  Trademark Law: An Open-Access Casebook (Version 10) covers all aspects of American federal trademark law, including the creation, maintenance, and enforcement of trademark rights. The casebook also addresses right of publicity protection, false advertising law, and international aspects of trademark protection. The casebook is made available here [i.e., Amazon] on an at-cost, royalty-free basis. Trademark Law: An Open-Access Casebook is a free, open-access textbook designed for a four-credit trademark course, which is what I teach at NYU School of Law. Model syllabi for four-credit and three-credit courses are available in the Faculty Resources section of this website. All faculty teaching trademark law are welcome to access the Faculty Resources, including the faculty discussion forum, by becoming a registered user of the site. To register, write me at barton.beebe@nyu.edu. The casebook is made available under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License. In slightly simpler terms, this means that you are free to copy, redistribute, and modify the casebook in part or whole in any format provided that (1) you do so only for non-commercial purposes, (2) you comply with the attribution principles of the license (credit the author, link to the license, and indicate if you’ve made any changes), and (3), in the case of modified versions of the casebook, you distribute any modifications under the same license. The casebook is updated each year in mid-July.

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  Trademark Law: An Open-Access Casebook

  Barton C. Beebe

  Trademark Law: An Open-Access Casebook (Version 10) covers all aspects of American federal trademark law, including the creation, maintenance, and enforcement of trademark rights. The casebook also addresses right of publicity protection, false advertising law, and international aspects of trademark protection. The casebook is made available here [i.e., Amazon] on an at-cost, royalty-free basis. Trademark Law: An Open-Access Casebook is a free, open-access textbook designed for a four-credit trademark course, which is what I teach at NYU School of Law. Model syllabi for four-credit and three-credit courses are available in the Faculty Resources section of this website. All faculty teaching trademark law are welcome to access the Faculty Resources, including the faculty discussion forum, by becoming a registered user of the site. To register, write me at barton.beebe@nyu.edu. The casebook is made available under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License. In slightly simpler terms, this means that you are free to copy, redistribute, and modify the casebook in part or whole in any format provided that (1) you do so only for non-commercial purposes, (2) you comply with the attribution principles of the license (credit the author, link to the license, and indicate if you’ve made any changes), and (3), in the case of modified versions of the casebook, you distribute any modifications under the same license. The casebook is updated each year in mid-July.

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  Modern Scientific Evidence: The Law and Science of Expert Testimony

  David L. Faigman, Edward K. Cheng, Jennifer Mnookin, Erin E. Murphy, Joseph Sanders, and Christopher Slobogin

  Modern Scientific Evidence: The Law and Science of Expert Testimony helps judges and lawyers assess the validity of an expert's scientific methodology, following the scientific evidence issues raised by the Daubert ruling. The text challenges the use of “generally accepted” scientific ideas when ruling on admissibility or managing expert witnesses in state and federal courts, and prepares trial attorneys to explain scientific concepts during admissibility arguments and confidently elicit or challenge expert testimony during trial. This post-Daubert guide discusses: fundamental legal and scientific principles, scientific research methods, statistical proof, multiple regression. It also examines specific topics, discussing current law and science in each.

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  Contracts: Cases and Materials

  E. Allan Farnsworth, Carol Sanger, Neil B. Cohen, Richard R. W. Brooks, and Larry T. Garvin

  This classic casebook, now in its 10th Edition, offers first-year students a solid and inviting introduction to contract law, recognizing both the English and American common law traditions and bringing them into our age of statutes, most particularly the Uniform Commercial Code. Like earlier editions, the 10th Edition features carefully selected cases, well-tailored notes and problems, and authoritative textual discussions of major developments in current contract law. These include the meaning of assent and agreement (with particular focus on the online environment); attention to comparative and international approaches; and accessible discussion of theoretical underpinnings of contract doctrine, the importance of which remain a mainstay of this new edition. The casebook is ecumenical in its outlook, presenting a well-balanced approach that is usable by professors with a wide range of theoretical outlooks and pedagogical styles. Cases are situated within a variety of disciplines—history, economics, philosophy, and ethics—and present the law in a variety of typical settings—commercial, familial, employment, consumer, real estate and so on. The 10th Edition will feel familiar yet fresh to current users and both exciting and comfortable to newcomers. Among the 10th Edition’s updates and revisions: extensive treatment of COVID-19 and contract law, including such areas as formation, unjust enrichment, unconscionability, material adverse change clauses, conditions, specific performance, impracticability, frustration, risk apportionment, and third-party beneficiaries; updated and enhanced materials on electronic contracting; coverage of such recent developments as the 2022 amendments to the Uniform Commercial Code and the Restatement of Consumer Contracts: new cases and comments suitable for discussions of how such topics as race and class affect, and are affected by, contract law; added problems in the casebook on applications of contract doctrine, in line with upcoming changes to the Multistate Bar Examination.

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  Deference in International Commercial Arbitration: The Shared System of Control in International Commercial Arbitration

  Franco Ferrari and Friedrich Rosenfeld

  Deference in International Commercial Arbitration is a trailblazing book wherein eminent arbitration practitioners and academics offer the first comprehensive and structured analysis of deference in international arbitration. In international arbitration, deference implies that one decision-maker does not make an autonomous assessment but limits its decision-making power out of respect for the decision or authority of another actor. For example, a court exercising post-award review might refrain from reviewing a question of procedure de novo but instead defer to a prior determination made by the arbitral tribunal. What’s in this book: Drawing on abundant reference to case law from major arbitration hubs, the analysis is organized around the three relationships in which questions of deference arise: public-private relationships in which a State actor (e.g., a court) must decide whether it should pay deference to determinations made by a private actor (e.g., a tribunal or an arbitral institution); public-public relationships in which a State actor (e.g., a court at the place of recognition and enforcement) must decide whether it should pay deference to another State actor (e.g., a court at the seat); and private-private relationships in which a private actor (e.g., an arbitral tribunal) must decide whether it should pay deference to another private actor (e.g., another arbitral tribunal or an arbitral institution). How this will help you: The book makes a significant contribution to tracing the boundaries of the multiple layers of control over arbitration proceedings. It takes an enormous leap towards instituting the right counterbalance between the different layers of authority and thus meeting a pivotal challenge for the viability of arbitration as a form of dispute resolution.

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  Recognition and Enforcement of Foreign Arbitral Awards: A Concise Guide to the New York Convention's Uniform Regime

  Franco Ferrari, Friedrich Rosenfeld, and Charles T. Kotuby Jr.

  This incisive book is an indispensable guide to the New York Convention's uniform regime on recognition and enforcement of foreign arbitral awards. Framing the Convention as a uniform law instrument, the book analyses case law from major arbitration jurisdictions to explain its scope of application, the duty to recognize arbitral agreements and awards as well as their limitations, and the procedure and formal requirements for enforcing arbitral awards. Combining insight from arbitration practice with perspectives from private international law, the book underlines the importance of the Convention's foundation in a treaty of international law, arguing that this entails a requirement to interpret the key concepts it sets forth based on international law rules of interpretation. However, it also demonstrates where municipal laws are relevant and discusses the private international law principles through which these instances can be identified. Addressing one of the core treaties of international arbitration, this will be crucial reading for legal practitioners and judges working in the field. It will also prove valuable to scholars and students of commercial and private international law, particularly those focused on cross-border disputes and arbitration.

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  EU Competition Law: Cases, Texts and Context

  Eleanor M. Fox and Damien Gerard

  This innovative textbook, now in its second edition, presents EU competition law in political, economic and comparative context. It brings competition law to life from an EU and global perspective, with cross currents of trade and industrial policy and attention to the intervention of the state in the market. Quintessentially readable, the book deftly and concisely excerpts the key cases and embeds them in explanatory materials, including policy statements and regulations. It is entirely up to date and integrates, for example, new issues of power in the digital economy. Notes accompanying the cases raise hard questions and explain the fascinating issues underlying contemporary competition policy in the European Union and around the world. The book covers the full range of competition law and policy subjects, namely: the Treaties and the single market, cartels, other horizontal and vertical agreements, abuses of dominance, merger control, and state restraints including State aids. Among key features, the book: integrates law, economics and policies, providing a holistic sense of competition law and its place in the EU system; is unusually concise, given its coverage, while explaining the critical nuances of cases by means of notes and questions; provides a unique comparative perspective by including excerpts of landmark US antitrust cases and numerous other comparative references. This book is a perfect textbook for students of EU competition law and even competition law in general, given that most nations in the antitrust family of the world build their competition laws upon the EU model. It is useful for specialized seminars on European, US, and other nations’ and regions’ competition laws. It is also an excellent desk book and resource for academics, enforcers and practitioners in the field.

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  Antitrust: Principles, Cases, and Materials

  Daniel Francis and Christopher J. Sprigman

  Antitrust: Principles, Cases, and Materials is a free antitrust law textbook designed for a three-credit or four-credit antitrust course (we teach the four-credit course at NYU School of Law). Model syllabi for four-credit and three-credit courses are available in the Faculty Area section of this website. All faculty teaching antitrust law are welcome to access the Faculty Resources, including the faculty discussion forum, by becoming a registered user of the site. To register, write us at daniel.francis@law.nyu.edu or christopher.sprigman@nyu.edu. The textbook is made available under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License. Under the terms of this license, you are free to copy and redistribute the textbook in part or whole in any format provided that (1) you do so only for non-commercial purposes, (2) you comply with the attribution principles of the license (credit the authors, and link to the license), and (3) if you make changes to the materials, you share those changes with the public on the same terms with which they have been shared with you.

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  Copyright Law: Cases and Materials (v5.0)

  Jeanne C. Fromer and Christopher J. Sprigman

  Copyright Law: Cases and Materials is a free copyright law textbook designed for a four-credit copyright course, which is what we teach at NYU School of Law. Model syllabi for four-credit and three-credit courses are available in the Faculty Resources section of this website. All faculty teaching copyright law are welcome to access the Faculty Resources, including the faculty discussion forum, by becoming a registered user of the site. To register, write us at jeanne.fromer@nyu.edu or christopher.sprigman@nyu.edu. The textbook is made available under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License. Under the terms of this license, you are free to copy and redistribute the textbook in part or whole in any format provided that (1) you do so only for non-commercial purposes, and (2) you comply with the attribution principles of the license (credit the authors, and link to the license). Note please that this license does not permit you to make modifications to the textbook or to create derivative works. That said, there are a wide variety of derivatives that we would gladly permit. If you want to make modifications to the textbook, please contact us.

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  Democracy Unmoored: Populism and the Corruption of Popular Sovereignty

  Samuel Issacharoff

  A powerful new account of how populist movements are sabotaging political institutions from within and undermining democracies across the globe. The 2016 election of Donald Trump focused people's minds on populism, and most of the attention paid to the subject since has been on the threat it poses to wealthy democracies. In Democracy Unmoored, Samuel Issacharoff takes a far wider-angle view of the phenomenon, covering countries from across the globe: Brazil, Poland, Argentina, Turkey, India, Hungary, Venezuela, and more. Just as importantly, he focuses on populism's attack on the institutions of governance. Democracy requires two critical features: first, a commitment to repeat play such that political actors understand that what goes around comes around; and, second, institutional constraints so that the majority can prevail, albeit not by too much. Democracies must avoid the doomsday scenario in which the contending parties see the next election as the final choice between salvation and perdition. Issacharoff shows how populist governance undermines each of these two critical underpinnings of stable democracy, first by compressing the time horizon to the immediate, and second by eroding institutional constraints on strongman rule. At the same time, Issacharoff highlights the fact that ascendent populists were pushing in an open door as they found democracies in states of disrepair in the post-2008 world. Electorates around the world had come to see institutional democratic party systems as cabals of elites working against "the people," which anti-institutionalist populists took advantage of in country after country. Global in coverage and featuring a powerful explanation of the true threat populism represents to democracy, this book will be essential reading for anyone who cares about the survival of democratic institutions.