Faculty Books & Edited Works

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Why Worry About Future Generations?

Samuel Scheffler

The things we do today may make life worse for future generations. But why should we care what happens to people who won't be born until after all of us are gone? Some philosophers have treated this as a question about our moral responsibilities, and have argued that we have duties of beneficence to promote the well-being of our descendants. Rather than focusing exclusively on issues of moral responsibility, Samuel Scheffler considers the broader question of why and how future generations matter to us. Although we lack a developed set of ideas about the value of human continuity, we are more invested in the fate of our descendants than we may realize. Implicit in our existing values and attachments are a variety of powerful reasons for wanting the chain of human generations to persist into the indefinite future under conditions conducive to human flourishing. This has implications for the way we think about problems like climate change. And it means that some of our strongest reasons for caring about the future of humanity depend not on our moral duty to promote the good but rather on our existing evaluative attachments and on our conservative disposition to preserve and sustain the things that we value. This form of conservatism supports rather than inhibits a concern for future generations, and it is an important component of the complex stance we take toward the temporal dimension of our lives.
Global Constitutionalism from European and East Asian Perspectives

Takao Suamai, Anne Peters, Dmitri Vanoverbeke, and Mattias Kumm

Global Constitutionalism argues that parts of international law can be understood as being grounded in the rule of law and human rights, and insists that international law can and should be interpreted and progressively developed in the direction of greater respect for and realization of those principles. Global Constitutionalism has been discussed primarily by European scholars. Yet without the engagement of scholars from other parts of the world, the universalist claims underlying Global Constitutionalism ring hollow. This is particularly true with regard to East Asia, where nearly half the world's population and a growing share of global economic and military capacities are located. Are East Asian perspectives on Global Constitutionalism similar to European perspectives? Against the background of current power shifts in international law, this book constitutes the first cross-cultural work on various facets of Global Constitutionalism and elaborates a more nuanced concept that fits our times.
Dangerous Leaders: How and Why Lawyers Must Be Taught to Lead

Anthony C. Thompson

Flint, Michigan's water crisis, the New Jersey "Bridgegate" scandal, Enron: all these incidents are examples of various forms of leadership failure. More specifically, each represents marked failures among leaders with legal training. When we look closer at one profession from which we often draw our political, business, and organizational leaders—the legal profession—we find a deep chasm between what law schools teach and what the world expects. Legal education ignores leadership, sending the next generation of legally-minded leaders into a dynamic world dangerously unprepared. Dangerous Leaders exposes the risks and results of leaving lawyers unprepared to lead. It provides law schools, law students, and the legal profession with the leadership tools and models to build a better foundation of leadership acumen. Anthony C. Thompson draws from his twenty years of experience in global executive education for Fortune 100 companies and his experience as a law professor to chart a path forward for better leadership instruction within the legal academy. Using vivid, real-life case studies, Thompson explores catastrophic political, business, and legal failures that have occurred precisely because of a lapse in leadership from those with legal training. He maintains that these practices are chronic leadership failures that could have been avoided. In examining these patterns of failures, it becomes apparent that legal education has fundamentally misread its task. Thompson proposes a fundamental rethinking of legal education, based upon intersectional leadership, to prepare lawyers to assume the types of roles that our increasingly fast-paced world requires. Intersectional leadership challenges lawyer leaders to see the world through a different lens and expects a form of inclusion and respect for other perspectives and experiences that will prove critical to maneuvering in a complex environment. Dangerous Leaders imparts invaluable tools and lessons to best equip current and future generations of legal leaders.
The Great Property Fallacy: Theory, Reality, and Growth in Developing Countries

Frank K. Upham

In this groundbreaking book, Frank K .Upham uses empirical analysis and economic theory to demonstrate how myths surrounding property law have blinded us to our own past and led us to demand that developing countries implement policies that are mistaken and impossible. Starting in the 16th century with the English enclosures and ending with the World Bank's recent attempt to reform Cambodian land law - while moving through 19th century America, postwar Japan, and contemporary China - Upham dismantles the virtually unchallenged assertion that growth cannot occur without stable legal property rights, and shows how rapid growth can come only through the destruction of pre-existing property structures and their replacement by more productive ones. He argues persuasively for the replacement of Western myths and theoretical simplifications with nuanced approaches to growth and development that are sensitive to complexity and difference and responsive to the political and social factors essential to successful broad-based development.
International Investment Law

José E. Alvarez

American Classics in International Law: International Investment Law, edited by Professor José E. Alvarez, contains a selection of the best scholarship on the subject produced by those with a connection to the United States. Since international investment law remains a subject that is not codified in a single multilateral treaty, the volume also contains selections of U.S. treaties that have influenced the over 3,400 international investment agreements (IIAs) now in existence. The collection offers a selection of significant addresses by prominent U.S. policy-makers along with a comprehensive introduction by the Editor that puts the various elements—the contributions made by U.S. academics, treaty-negotiators, and policy-makers—in a broader context.
The Impact of International Organizations on International Law

José E. Alvarez

The Impact of International Organizations on International Law addresses how international organizations, particularly those within the UN system, have changed the forms, contents, and effects of international law. Professor Jose Alvarez considers the impact on sovereigns and actions taken by the contemporary Security Council, the UN General Assembly, and UN Specialized Agencies such as the World Health Organization. He considers the diverse functions performed by adjudicators – from judges of the International Criminal Court to arbitrators within the international investment regime. This text raises fundamental questions concerning the future of international law given the challenges international organizations pose to legal positivism, to traditional conceptions of sovereignty, and to the rule of law itself.
Trial Manual 6 for the Defense of Criminal Cases

Anthony G. Amsterdam and Randy A. Hertz

The Trial Manual 6 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 practictioners who need ideas and information quickly in order to jump-start their work at any given stage.
As If: Idealization and Ideals

Kwame Anthony Appiah

Idealization is a central feature of human thought. We build ideal models in the sciences, our politics is guided by pictures of impossible utopias, and our thinking about the arts and moral life is guided by images of how things might have been. In all these cases we sometimes proceed with a representation of the world that we know is not true or aim at a world we accept we cannot realize. This is the world of the "as if," which the philosopher Hans Vaihinger delineated at the turn of the century, in ways he traced back to Kant. In this book, I aim to explore idealization in aesthetics, ethics, and metaphysics, as well as in the philosophy of mind, of language, of religion, and of the social and natural sciences. No one could be an expert on all of these things, but sometimes in philosophy it helps to stand back and take a broader view. On the way I hope to illuminate many issues, large and small, but there is one over-arching lesson: our best chance of understanding the world must be to have a plurality of ways of thinking about it. This book is about why we need a multitude of pictures of the world. It is a gentle jeremiad against theoretical monism.
Special Education Law and Practice: Cases and Materials

Deborah N. Archer and Richard D. Marsico

Special Education Law and Practice is an experientially-focused casebook that also serves as a reference for attorneys who practice special education law and anyone interested in learning about the special education process. The casebook covers substantive special education rights, racial disparities in special education, discipline, procedural protections, federal court litigation, remedies, and attorneys' fees. Each chapter begins with a problem, rich in facts and law, that places the student in the position of an attorney trying to resolve a problem for a client using that chapter's materials. Comprehensive notes expand the areas covered by featured cases.
Federal Income Taxation

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

Building on and adding to the strengths of its predecessors, the new 17th Edition of Federal Income Taxation continues the legacy of its original authors, Boris Bittker, Lawrence M. Stone and William A. Klein, in presenting complex material in an easy to understand way. With leading tax scholars Bankman, Shaviro, Stark and now Kleinbard at the helm of this widely popular book, the book continues to offer an accessible format, bridging the gap between theory and practice, and presenting a variety of perspectives: historical, economic, political, and international. New cases have been added, including more recent older cases (such as Cesarini v. United States), and new chapters have been included on Public and Private Sphere, Debt, Economic Substance, and Law and Poverty. Key Features: great pedigree and authorship; Original authors Boris Bittker and William A. Klein were eminent authorities (with beautiful writing styles). Bankman, Shaviro, Stark, and Kleinbard are among today’s leading tax scholars; the book has always offered the highest integration of economics and policy analysis; notes, problems, and graphs make challenging material accessible; even with all the new material, it is still one of the shortest books around – making it easy to teach from; terrific teacher’s manual with teaching notes on every case and concept; new chapters have been added on: public and Private Sphere to help clarify conceptual and administrative issues; debt, which included charts to help student navigate this tricky area; Law and Poverty which provides policy analysis and brief explanation of Earned Income Tax Credit.
Encyclopedia of Private International Law

Jürgen Basedow, Giesela Rühl, Franco Ferrari, and Pedro de Miguel Asensio

The Encyclopedia of Private International Law quite simply represents the definitive reference work in the field. Bringing together 195 authors from 57 countries the Encyclopedia sheds light on the current state of Private International Law around the globe, providing unique insights into the discipline and how it is affected by globalization and increased regional integration. The role and character of Private International Law has changed tremendously over the past decades. With the steady increase of global and regional inter-connectedness the practical significance of the discipline has grown. And so has the number of legislative activities on the national, international and, most importantly, the European level. The Encyclopedia is a rich and varied resource in four volumes. The first two volumes provide comprehensive coverage of topical aspects of Private International Law in the form of 247 alphabetically arranged entries. The third volume provides insightful detail on the national Private International Law regimes of 80 different countries. The fourth volume presents invaluable, and often unique, English language translations of the national codifications and provisions of Private International Law in those countries. Key Features: 247 substantive entries; 80 national reports; entries organized alphabetically for ease of navigation; fully cross-referenced; entries written by the world’s foremost scholars of Private International Law; national codifications in English collected together into a single volume for quick reference; world class editor team.
Trademark Law: An Open-Source Casebook

Barton C. Beebe

Prior edition of Trademark Law: An Open-Access Casebook - 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.
Administrative Law and Regulatory Policy: Problems, Text, and Cases

Stephen G. Breyer, Richard B. Stewart, Cass R. Sunstein, Adrian Vermeule, and Michael E. Herz

An outstanding author team examines administrative procedure and policy in light of substantive policy issues, such as public health and safety, environmental protections, and the regulation of the economy. Questions, notes, and problems support fruitful analysis of Supreme Court decisions, administrative acts, and matters of contemporary debate. Features: revised materials on presidential appointment and removal; e-rulemaking, the Obama Administration’s transparency and openness initiatives, and new technologies; material on the Information Quality Act, midnight regulations, and guidance documents; a new section on global administrative law; significant new Supreme Court decisions; streamlined Notes and Questions.
The Law of Financial Institutions

Richard Scott Carnell, Jonathan R. Macey, and Geoffrey P. Miller

The Law of Financial Institutions, Sixth Edition provides the foundation for a successful course on the law of traditional commercial banks. The book's clear writing, careful editing, concise explanations, and provocative questions make a difficult field of law lively and interesting.
Civil Litigation in Comparative Context

Oscar G. Chase and Helen Hershkoff

This book is designed to introduce the varieties of litigation systems in use in different modern states. It opens with a treatment of the principal differences among the major civil litigation systems. Subsequent chapters cover the organization of courts and the legal profession, the role of the attorney and the judge, the processes of learning and proving facts, short cuts to judgment and provisional remedies, the appellate process, enforcement of judgments, and the prospects for convergence and harmonization. The book can be used as (i) an adjunct to an introductory civil procedure course; (ii) the text for an upper-class seminar in comparative procedure; and (iii) as a supplement to the existing general comparative law casebooks. The author team on the second edition includes scholars and practitioners from Germany, England, Italy, Japan, and the United States.
Civil Litigation in Comparative Context

Oscar G. Chase, Helen Hershkoff, Linda J. Silberman, John Sorabji, Rolf Stürner, Yasuhei Taniguchi, and Vincenzo Varano

This book is designed to introduce the varieties of litigation systems in use in different modern states. It opens with a treatment of the principal differences among the major civil litigation systems. Subsequent chapters cover the organization of courts and the legal profession, the role of the attorney and the judge, the processes of learning and proving facts, short cuts to judgment and provisional remedies, the appellate process, enforcement of judgments, and the prospects for convergence and harmonization. The book can be used as (i) an adjunct to an introductory civil procedure course; (ii) the text for an upper-class seminar in comparative procedure; and (iii) as a supplement to the existing general comparative law casebooks. The author team on the second edition includes scholars and practitioners from Germany, England, Italy, Japan, and the United States.
The Logic of Subchapter K: A Conceptual Guide to the Taxation of Partnerships

Laura E. Cunningham and Noël B. Cunningham

This course book is designed to guide students through the conceptual framework of subchapter K. The material avoids neither the hard questions nor the conceptual difficulties, leaving students with a firm understanding of partnership taxation. Each chapter begins with a basic explanation of the relevant provisions and the roles that they play in the overall structure of subchapter K. It includes an increasingly detailed discussion of the specific rules, including multiple illustrative examples. Each chapter builds on the earlier chapters, leading the student through subchapter K. It is appropriate for J.D. or graduate-level law school courses on partnership taxation.
A New Deal for China's Workers?

Cynthia Estlund

China’s labor landscape is changing, and it is transforming the global economy in ways that we cannot afford to ignore. Once-silent workers have found their voice, organizing momentous protests, such as the 2010 Honda strikes, and demanding a better deal. China’s leaders have responded not only with repression but with reforms. Are China’s workers on the verge of a breakthrough in industrial relations and labor law reminiscent of the American New Deal? In A New Deal for China’s Workers? Cynthia Estlund views this changing landscape through the comparative lens of America’s twentieth-century experience with industrial unrest. China’s leaders hope to replicate the widely shared prosperity, political legitimacy, and stability that flowed from America’s New Deal, but they are irrevocably opposed to the independent trade unions and mass mobilization that were central to bringing it about. Estlund argues that the specter of an independent labor movement, seen as an existential threat to China’s one-party regime, is both driving and constraining every facet of its response to restless workers. China’s leaders draw on an increasingly sophisticated toolkit in their effort to contain worker activism. The result is a surprising mix of repression and concession, confrontation and cooptation, flaws and functionality, rigidity and pragmatism. If China’s laborers achieve a New Deal, it will be a New Deal with Chinese characteristics, very unlike what workers in the West achieved in the last century. Estlund’s sharp observations and crisp comparative analysis make China’s labor unrest and reform legible to Western readers.
Legislation and the Regulatory State

Samuel Estreicher and David L. Noll

Estreicher & Noll's Legislation and the Regulatory State provides an accessible, up-to-date introduction to the institutions and procedures of the modern regulatory state. Designed to emphasize regulatory policy and the practical aspects of administrative lawyering, the casebook explores Congress's reasons for regulating and the choices it makes when enacting legislation, the legislative process and tools of statutory interpretation, administrative agencies' position within the Constitution's system of separated powers, the Administrative Procedure Act, and judicial review of agency action. Revised and streamlined throughout, the second edition covers recent developments including: the controversy over the Obama administration's immigration initiatives and other cases from the Supreme Court's October Term 2016, the Trump administration's early executive actions, and proposals to curb agencies' authority pending in the 115th Congress. The second edition also includes expanded materials on the theory of federal regulation, informal agency adjudication, notice-and-comment rulemaking, and Article III limits on judicial review of agency action.
Forged Through Fire: War, Peace, and the Democratic Bargain

John A. Ferejohn and Frances McCall Rosenbluth

Peace, many would agree, is a goal that democratic nations should strive to achieve. But is democracy, in fact, dependent on war to survive? Having spent their celebrated careers exploring this provocative question, John Ferejohn and Frances McCall Rosenbluth trace the surprising ways in which governments have mobilized armies since antiquity, discovering that our modern form of democracy not only evolved in a brutally competitive environment but also quickly disintegrated when the powerful elite no longer needed their citizenry to defend against existential threats. Bringing to vivid life the major battles that shaped our current political landscape, the authors begin with the fierce warrior states of Athens and the Roman Republic. While these experiments in “mixed government” would serve as a basis for the bargain between politics and protection at the heart of modern democracy, Ferejohn and Rosenbluth brilliantly chronicle the generations of bloodshed that it would take for the world’s dominant states to hand over power to the people. In fact, for over a thousand years, even as medieval empires gave way to feudal Europe, the king still ruled. Not even the advancements of gunpowder—which decisively tipped the balance away from the cavalry-dominated militaries and in favor of mass armies—could threaten the reign of monarchs and “landed elites” of yore. The incredibly wealthy, however, were not well equipped to handle the massive labor classes produced by industrialization. As we learn, the Napoleonic Wars stoked genuine, bottom-up nationalism and pulled splintered societies back together as “commoners” stepped up to fight for their freedom. Soon after, Hitler and Stalin perfectly illustrated the military limitations of dictatorships, a style of governance that might be effective for mobilizing an army but not for winning a world war. This was a lesson quickly heeded by the American military, who would begin to reinforce their ranks with minorities in exchange for greater civil liberties at home. Like Francis Fukuyama and Jared Diamond’s most acclaimed works, Forged Through Fire concludes in the modern world, where the “tug of war” between the powerful and the powerless continues to play out in profound ways. Indeed, in the covert battlefields of today, drones have begun to erode the need for manpower, giving politicians even less incentive than before to listen to the demands of their constituency. With American democracy’s flanks now exposed, this urgent examination explores the conditions under which war has promoted one of the most cherished human inventions: a government of the people, by the people, for the people. The result promises to become one of the most important history books to emerge in our time.
The Impact of EU Law on International Commercial Arbitration

Franco Ferrari

For many years, it seemed almost a truism to state that EU law and the law of international arbitration were two very distinct areas of law that did not intersect. Most believed each area pursued its own course without impacting on the other. However, a series of matters on which the international arbitral regime and the European Union part ways and, indeed, enter into serious conflict have emerged. The papers in The Impact of EU Law, which were initially presented at a conference hosted by NYU’s Center for Transnational Litigation, Arbitration and Commercial Law, show that these areas of law are becoming ever more interconnected and that the impact of EU law on the law of international arbitration can be felt over the course of all stages of an international arbitration, from the pre-award stage to the post-award stage--an influence further exacerbated by the dilemma of arbitral tribunals and national courts when facing conflicting mandates from the law of international arbitration and the law of the European Union. Furthermore, and the contributions in this volume make this abundantly clear, EU law has not only impacted international arbitrations seated in EU Member States, but has also influenced arbitrations seated around the world, a fact that makes The Impact of EU Law required reading for practitioners, arbitrators and all other stakeholders in the arbitration process.
International Sales Law

Franco Ferrari and Clayton P. Gillette

This authoritative collection presents carefully selected scholarly articles that describe and examine the principles of international sales law, as set forth in the United Nations Convention on Contracts for the International Sale of Goods (CISG). These seminal pieces reflect various viewpoints of authors from different countries and legal systems, and offer a range of distinct methodological approaches to legal analysis. Together with an original introduction by the editors, these volumes provide the reader with both an international and an interdisciplinary perspective on the CISG and its application.
Competition Policy for the New Era: Insights from the BRICS Countries

Eleanor M. Fox, Tembinkosi Bonakele, and Liberty Mncube

This book presents a new stage in the contributions of the BRICS countries (Brazil, Russia, India, China, and South Africa) to the development of Competition Law and policy. These countries have significant influence in their respective regions and in the world. The changing global environment means greater political and economic role for the BRICS and other emerging countries. BRICS countries are expected to contribute nearly half of all global gross domestic product growth by 2020. For more than a century, the path of Competition Law has been defined by the developed and industrialized countries of the world. Much later, developing countries and emerging economies came on the scene. They experience many of the old competition problems, but they also experience new problems, and experience even the old problems differently. Where are the fora to talk about Competition Law and policy fit for developing and emerging economies? The contributors in this book are well-known academic and practising economists and lawyers from both developed and developing countries. The chapters begin with a brief introduction of the topic, followed by a critical discussion and a conclusion. Accordingly, each chapter is organized around a central argument made by its author(s) in relation to the issue or case study discussed. These arguments are thoughtful, precise, and very different from each another. Each chapter is written to be a valuable freestanding contribution to our collective wisdom. The set of case studies as a whole helps to build a collection of different perspectives on competition policy.
Global Issues in Antitrust and Competition Law

Eleanor M. Fox and Daniel A. Crane

This up-to-date second edition spans the globe, presenting examples of competition law and analysis from six continents, nationally, regionally and internationally. The book covers competition law and analysis from six continents, presenting materials in a manner that the student (or scholar or practitioner) can understand the roots of the law as well as the roots of divergences among jurisdictions. It covers developed and developing countries, private firm and state restraints, and domestic and global restraints. For cross-border restraints, it covers issues of extraterritoriality, efforts at cooperation and convergence, and theories of global governance. The book covers all of the substantive categories: cartels, other competitor agreements, mergers, vertical agreements, and mergers; and new economy, high tech, and intellectual property issues. Jurisdictions featured include the European Union, China, and South Africa.
EU Competition Law: Cases, Texts and Context

Eleanor M. Fox and Damien Gerard

This clear and concise textbook presents EU competition law in political, economic and comparative context. It combines excerpts from key EU rulings with discussions of enforcement policy issues and comparisons with US antitrust cases. Untangling the complex set of factors driving individual outcomes, it is the perfect companion for any student or practitioner in the field. Successive chapters explore the tools used by competition authorities in Europe: to punish cartels that fix prices or divide markets; assess cooperative agreements between rival firms and supplier–customer relationships; to establish a dominant position and find abuses; and review the competitive effects of mergers and acquisitions. The book also explains how authorities determine when business restraints infringe on the principles governing the EU internal market, and when Member States contravene the rules protecting the European competition system including by means of subsidies known as State aids. More than a reference tool, this innovative book provides a rounded account of the various dimensions of EU competition law, of its place at the heart of the EU market integration project and of its relevance for the enforcement of antitrust principles worldwide. Key Features: provides a clear, concise and up-to-date presentation of the law; includes important excerpts from all seminal competition decisions and judgements of the European Commission and the EU Courts; explains the critical nuances of cases by means of contextual notes and questions; integrates law, economics and other policies, providing a holistic sense of competition law and its place in the European system; compares EU competition law with US antitrust law, analysing the root of their differences and enabling the reader to derive comparative insights; supports general and advanced EU and international competition law courses.