Faculty Books & Edited Works

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  Economics of Financial Law

  Geoffrey P. Miller

  Covering the most important areas of the subject, such as financial crises, the nature of the banking firm and issues in bank regulation, this research review surveys a comprehensive collection of the papers that have shaped the field of financial law. Professor Geoffrey Miller provides a thorough and authoritative examination of the material.

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  Economics of Securities Law

  Geoffrey P. Miller

  Bringing together the most important articles from leading authors in the field, Professor Geoffrey P. Miller’s new collection, Economics of Securities Law, is an essential resource for students, policy-makers, and those interested in the history and current status of the subject. The papers included represent fundamental contributions that shaped later thinking, illustrate approaches that have proven durably influential, or represent important challenges to conventional views. The collection also explores new approaches, such as behavioral economics, alongside “Chicago School” papers, comparative analyses, and influential works by people involved in the creation of laws governing modern securities markets.

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  The Common Law in Colonial America

  William E. Nelson

  In a projected four-volume series, The Common Law in Colonial America, William E. Nelson will show how the legal systems of Britain's thirteen North American colonies, which were initially established in response to divergent political, economic, and religious initiatives, slowly converged until it became possible by the 1770s to imagine that all thirteen participated in a common American legal order, which diverged in its details but differed far more substantially from English common law. Volume three, The Chesapeake and New England, 1660-1750, reveals how Virginia, which was founded to earn profit, and Massachusetts, which was founded for Puritan religious ends, had both adopted the common law by the mid-eighteenth century and begun to converge toward a common American legal model. The law in the other New England colonies, Nelson argues, although it was distinctive in some respects, gravitated toward the Massachusetts model, while Maryland's law gravitated toward that of Virginia. Professor Nelson: shows how the legal systems of Britain's thirteen North American colonies, which were initially established in response to divergent political, economic, and religious initiatives, slowly converged until it became possible by the 1770s to imagine that all thirteen participated in a common American legal order; reveals how Virginia and Massachusetts had both adopted the common law by the mid-eighteenth century and begun to converge toward a common American legal model; demonstrates that the law in the other New England colonies gravitated toward the Massachusetts model, while Maryland's law gravitated toward that of Virginia.

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  The End of Ownership: Personal Property in the Digital Economy

  Aaron Perzanowski and Jason M. Schultz

  An argument for retaining the notion of personal property in the products we “buy” in the digital marketplace. If you buy a book at the bookstore, you own it. You can take it home, scribble in the margins, put in on the shelf, lend it to a friend, sell it at a garage sale. But is the same thing true for the ebooks or other digital goods you buy? Retailers and copyright holders argue that you don't own those purchases, you merely license them. That means your ebook vendor can delete the book from your device without warning or explanation—as Amazon deleted Orwell's 1984 from the Kindles of surprised readers several years ago. These readers thought they owned their copies of 1984. Until, it turned out, they didn't. In The End of Ownership, Aaron Perzanowski and Jason Schultz explore how notions of ownership have shifted in the digital marketplace, and make an argument for the benefits of personal property. Of course, ebooks, cloud storage, streaming, and other digital goods offer users convenience and flexibility. But, Perzanowski and Schultz warn, consumers should be aware of the tradeoffs involving user constraints, permanence, and privacy. The rights of private property are clear, but few people manage to read their end user agreements. Perzanowski and Schultz argue that introducing aspects of private property and ownership into the digital marketplace would offer both legal and economic benefits. But, most important, it would affirm our sense of self-direction and autonomy. If we own our purchases, we are free to make whatever lawful use of them we please. Technology need not constrain our freedom; it can also empower us. The open access edition of this book was made possible by generous funding from Arcadia – a charitable fund of Lisbet Rausing and Peter Baldwin.

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  Struggling for Air: Power Plants and the "War on Coal"

  Richard L. Revesz

  Since the beginning of the Obama Administration, conservative politicians have railed against the President's "War on Coal." As evidence of this supposed siege, they point to a series of rules issued by the Environmental Protection Agency that aim to slash air pollution from the nation's power sector . Because coal produces far more pollution than any other major energy source, these rules are expected to further reduce its already shrinking share of the electricity market in favor of cleaner options like natural gas and solar power. But the EPA's policies are hardly the "unprecedented regulatory assault " that opponents make them out to be. Instead, they are merely the latest chapter in a multi-decade struggle to overcome a tragic flaw in our nation's most important environmental law. In 1970, Congress passed the Clean Air Act, which had the remarkably ambitious goal of eliminating essentially all air pollution that posed a threat to public health or welfare. But there was a problem: for some of the most common pollutants, Congress empowered the EPA to set emission limits only for newly constructed industrial facilities, most notably power plants. Existing plants, by contrast, would be largely exempt from direct federal regulation-a regulatory practice known as "grandfathering." What lawmakers didn't anticipate was that imposing costly requirements on new plants while giving existing ones a pass would simply encourage those old plants to stay in business much longer than originally planned. Since 1970, the core problems of U.S. environmental policy have flowed inexorably from the smokestacks of these coal-fired clunkers, which continue to pollute at far higher rates than their younger peers. In Struggling for Air, Richard L. Revesz and Jack Lienke chronicle the political compromises that gave rise to grandfathering, its deadly consequences, and the repeated attempts-by presidential administrations of both parties-to make things right.

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  The Indigo Book: A Manual of Legal Citation

  Christopher J. Sprigman

  Welcome to The Indigo Book—a free, Creative Commons-dedicated implementation of The Bluebook's Uniform System of Citation. The Indigo Book was compiled by a team of students at the New York University School of Law, working under the direction of Professor Christopher Jon Sprigman. The Indigo Book isn't the same as The Bluebook, but it does implement the same Uniform System of Citation that The Bluebook does. The scope of The Indigo Book's coverage is roughly equivalent to The Bluebook's “Bluepages”—that is, The Indigo Book covers legal citation for U.S. legal materials, as well as books, periodicals, and Internet and other electronic resources. In addition, The Indigo Book offers citation guidance that is deeper than The Bluebook's Bluepages—for example, The Indigo Book has citation guidance for bills, and for legislative history, that the Bluepages lack. For the materials that it covers, anyone using The Indigo Book will produce briefs, memoranda, law review articles, and other legal documents with citations that are compatible with the Uniform System of Citation. Note that The Indigo Book's scope does not extend to (now virtually unused) loose-leaf reporters, nor to foreign legal materials or the publications of international organizations like the United Nations. Most American lawyers cite these materials only rarely, and providing citation rules for the enormous number of international jurisdictions is part of what makes The Bluebook as unwieldy as it has become. The Indigo Book offers a couple of important advantages to users, compared with The Bluebook. Unlike The Bluebook, The Indigo Book is free. Free in two different ways that are equally important. First, The Indigo Book is given to you free of charge. Considering that the Uniform System of Citation has become a basic piece of infrastructure for the American system of justice, it is vital that pro se litigants, prisoners, and others seeking justice but who lack resources are given effective access to the system lawyers use to cite to the law. That interest in access and basic fairness is part of what motivated The Indigo Book's creation. Second, and perhaps even more importantly, The Indigo Book is free of the restrictions of copyright. You are free to copy and distribute this work, and—most importantly—to improve on it. This is important, because we want people with a stake in our legal citation system to help make that system simpler and better. To achieve these goals, we are releasing The Indigo Book under a Creative Commons “CCO” public domain dedication that allows you to use it, copy it, distribute it, and—we hope—improve it. So, what sorts of improvement do we hope for? This original edition of The Indigo Book is compatible with the current, 20th edition of The Bluebook. We will admit, however, that our decision to make The Indigo Book compatible with The Bluebook's Uniform System of Citation was mostly self-interested and strategic—we want people to adopt The Indigo Book, and the best way to achieve that goal, we reasoned, was to give people a citation guide that they could use to produce documents that look as if they used The Bluebook. We think this is the right path, at least initially, but please understand that our decision to make The Indigo Book Bluebook-compatible doesn't stop you from doing otherwise. There are ways to improve The Indigo Book that involve breaking free of The Bluebook. Indeed, in some ways the recent editions of The Bluebook have adopted an unhelpfully over-prescriptive approach to citation that has resulted in needless complexity. It wasn't always that way. Back in 1959, the 10th edition of The Bluebook declared that “[t]he primary purpose of a citation is to facilitate finding and identifying the authority cited. The rules set forth in this booklet should not be considered invariable. Whenever clarity will be served, the citation form should be altered without hesitation; whenever a citation would not amplify the identification of the authority referred to, no citation should be given.” That sounds right to us. Can we get back to a more sensible, flexible system of legal citation? The Indigo Book takes the first step by restating the Uniform System of Citation for U.S. legal materials, and for books, periodicals, and Internet and other electronic resources. The next step is up to you. Take The Indigo Book, use it, enjoy it, improve it—maybe you international lawyers out there will add coverage of foreign and international law? Then, consistent with the spirit of our project—give your improvements to the world.

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  Political Political Theory: Essays on Institutions

  Jeremy Waldron

  Political institutions are or ought to be the main subject of political theory. The essays in this collection are works of political theory devoted specifically to the institutions and institutional principles of modern democracy. They illustrate the author's contention in the opening chapter that the theory of politics needs to reorient itself so that it is not just the study of social justice. Institutions need to be taken seriously, by normative political theorists as much as by empirical political scientists. The collection includes studies of constitutionalism, the separation of powers, bicameralism, loyal opposition, representation, legislative due process, democratic accountability, and judicial review. It also includes critical essays on the political philosophies of Hannah Arendt and Isaiah Berlin.

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  The Transformation of Human Rights Fact-Finding

  Philip G. Alston and Sarah Knuckey

  Fact-finding is at the heart of human rights advocacy, and is often at the center of international disputes about alleged government abuses. Recently, there has been a huge increase in the number and variety of fact-finding mechanisms established, including by governments, intergovernmental bodies, nongovernmental organizations, and private actors. Human rights fact-finding is often controversial. In addition to objections lodged by some of the governments concerned, more objective observers have offered increasingly in-depth critiques of the composition, methodologies, interpretive techniques, and rigor of some of the investigations. Yet very little comparative or critical research has been undertaken in response, and human rights fact-finding remains strikingly under-examined and under-theorized. This book eschews the narrow focus of much of the older writing on this issue, adopting instead an interdisciplinary approach that combines perspectives from many fields, including international law, political science, forensics, informatics, and critical theory. The chapters combine discussion of methodology, institutional arrangements, theory, and case studies, and adopt critical approaches that challenge the received wisdom in the field. This book attests to the fact that human rights fact-finding practice and scholarship are currently in a period of significant transformation on numerous fronts. A rich scholarship is emerging, and practitioners are pushing forward a broader range of investigative techniques.

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  A Decent Respect: Honour in the Life of People and of Nations

  Kwame Anthony Appiah

  Professor K. Anthony Appiah is Professor of Philosophy and Law at New York University and Honorary Fellow of Clare College, Cambridge. Formerly, he was the Laurance S. Rockefeller University Professor of Philosophy and the University Center for Human Values Emeritus at Princeton University. His work has spans numerous fields, including the philosophy of mind and language, ethics, political philosophy and African and African-American Studies. Among his many publications are The Honour Code, In My Father’s House: Africa in the Philosophy of Culture; Color Conscious: The Political Morality of Race (with Amy Gutmann); The Ethics of Identity: Cosmopolitanism: Ethics in a World of Strangers; and Experiments in Ethics. In his two public lectures entitled “How Do I Save My Honour?” and “A Decent Respect to the Opinion of Mankind”, Professor Appiah considers what philosophy has to say about civic honor and shame, and whether and how, if so, do they matter in the life of nations. He charts the role that the two concepts play in shaping the moral behavior of individuals and of nations, and how they might be applied to achieve what he calls ‘the actualization of moral judgments,’ in essence, motivating people and nations to do what they ought to do. In his first lecture, Professor Appiah explores the role of honour in the civic life of democracies. In the second, he explores the role of honour in the global ethical discourse across nations. In the seminar, “Does National Education Have a Role to Play in Hong Kong?”, he discusses the role of civic education from the perspective of practical philosophy with a panel of distinguished persons. In it, he argues that civic participation constitutes a significant part of a democratic society and that moral education is essential in shaping the common life of the citizenry. He proposes that the possession of values is a process of acquisitions of knowledge and an accumulation of experiences, and that all of these must be built step-by-step. He concluded that this is the reason why moral education of children is significant and that it is via the acquisition of knowledge that a child can form a rational view and make reasonable choices.

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  Local Government Law: Cases and Materials

  Lynn A. Baker, Clayton P. Gillette, and David Schleicher

  This edition substantially expands the topics covered in the book and the discussion of theoretical tools that can be used to understand local government law. The basic approach remains the same. We focus on the unique role that local governments play in the federal system, and the distinctive characteristics of local governments that distinguish them from other levels of government. But we have added discussions of changes in local land use and zoning law and the effects of these laws on the local, regional, and national economies. There is also a new section discussing local fiscal distress and bankruptcy following the wave of municipal fiscal crises over the past few years. And we added a section on the separation of powers inside local governments, including materials on local administrative law, the poser of local executives, and reforms of local legislatures. We continue to ask some of the same theoretical and normative questions. How should our local “communities” be defined in practice, and who should decide? What is and should be the relationship that states and localities have with their citizens, other states and localities, and the federal government? Which level of government (if any) should provide a particular good or service, or regulate activity in a particular area? How should the goods and services provided by states and localities be paid for, and who should decide? As always, we have included discussions of the tools of democratic theory, microeconomic analysis, and public choice to help students develop answers to these questions. But we have also added new materials on agglomeration economics, or why people cluster in cities, and discussions of how changes in the form of and reasons for agglomeration can and should influence local government law. Further, we have expanded the discussion of public choice to include substantial materials on how the form and structure of local elections and local partisan (and non-partisan) politics can help explain the behavior of local governments.

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  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.

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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 the economics and regulation of securities markets, with a single-minded focus on disclosure and the economics of disclosure. It is concise, easy to read, and student friendly. The chapters are organized around motivating hypotheticals which illustrate 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 (i.e., prospectuses). This casebook attempts to make securities regulation easy to teach and understand. It is shorter and more comprehensible than other casebooks. It is focused on the important principles students will need to understand to be effective corporate lawyers. The book avoids policy debates and instead focuses on understanding the rules as they are. It contains tables and charts to organize complicated material, along with a comprehensive set of PowerPoint slides for presenting the material. This casebook focuses on the Securities Exchange Act of 1934 first, then the 1933 Act. The Sarbanes-Oxley and Dodd Frank Acts are also covered. The Fourth Edition has been updated to reflect changes made by the Jumpstart Our Business Startups Act (JOBS Act), including public company status and private placements. The Fourth Edition also includes significant recent Rule 10b-5 cases, such as Halliburton II, and insider trading cases.

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  EU Law: Text, Cases, and Materials

  Paul Craig and Gráinne de Búrca

  Building on its unrivalled reputation as the definitive EU law textbook, this sixth edition continues to provide clear and insightful analysis of all aspects of European Union law. Drawing on their wealth of experience both teaching and writing in this area, Paul Craig and Gráinne de Búrca provide a comprehensive and enhanced account of their classic text. Working closely as an author team for over twenty years, they succeed in bringing together a unique mix of illuminating commentary and well-chosen extracts from a wide range of cases, legislation and academic articles. All chapters have been carefully structured and designed to enhance student learning at all levels, laying the foundations of the subject while building analysis of more complex areas and cutting edge debates. Each chapter opens with a concise overview of the 'central issues', providing valuable context, before drawing together key analysis in a comprehensive chapter conclusion to provide a clear yet complete picture of the subject. The book is accompanied by an Online Resource Centre which includes the following resources: an interactive map of the EU, providing key facts about each member state; an interactive timeline, tracing key dates in the development of the EU; author video discussing the importance of studying EU law; updates to the law post-publication.

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  Restatement of the Law, Employment Law: As Adopted and Promulgated by the American Law Institute at Washington D.C., May 21, 2014

  Samuel Estreicher, Matthew T. Bodie, Michael C. Harper, and Stewart J. Schwab

  It is always exciting and somewhat unsettling to witness the emergence of a new field. Traditional legal doctrines that had long guided particular transactions begin to be discarded. Are these rules just evolving or is a new field emerging? It is often hard to tell. Employment Law, of course, has been recognized as a separate field for quite a long time now, but it reaches its maturity with the publication of this Restatement. In March 2000, when Professor Samuel Estreicher of new York University wrote his initial proposal for a Restatement of Employment Law, he noted that the treatment of employment issues in other Restatements, including Agency, Torts, Contracts, and Unfair Competition, was no longer adequate, principally as a result of the decline of private-sector collective bargaining, the growing body of exceptions to at-will employments, the changing nature of the employment relationship, and the more sustained focus on employee privacy rights and post-employment restraints. These topics have become even more salient since then. Now, there is an authoritative document to provide much-needed guidance to practitioners and the courts. Of course, it takes a village to produce a Restatement. The ALI is enormously grateful to a very large number of individuals who made the success of this project possible. Our most heartfelt gratitude goes to Chief Reporter Estreicher, who directed this project with enormous dedication, encyclopedic knowledge, great savvy, and a real commitment to getting things rights. The Reporters Matthew Bodie of Saint Louis University, Michael Harper of Boston University, and Stewart Schwab of Cornell University performed yeoman service, taking the lead on particular Chapters and contributing great energy and expertise. As is the ALI’s norm, we had vigorous debates over many years in the Council and at Annual Meetings. The final product is far stronger because of the close reading and reflection of thousands of participants throughout a decade. And, as Reporters graciously not in their Preface, even after its final approval, this Restatement continued to benefit from the careful editing of a number of particularly devoted Council members and of the ALI’s terrific editorial staff. It is fitting that the final approval of this Restatement took place at the 2014 Annual Meeting, when my predecessor, Professor Lance Liebman, completed an enormously successful 15-year tenure as ALI Director. Employment Law is one of Professor Liebman’s academic fields, and he took great interest and great pride in this project. This Restatement is another very well-deserved feather in his cap.

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  Legislation and the Regulatory State

  Samuel Estreicher and David L. Noll

  Legislation and the Regulatory State is unique in several respects. It is perhaps the only "LegReg" offering explicitly designed to build fluency in the concepts and vocabulary of the federal regulatory state. To do so, the volume explains the workings of key federal statutes―the Securities and Exchange Acts, Federal Trade Commission Act, Fair Labor Standards Act, and 1964 Civil Rights Act, among others―in simple, easy-to-understand terms that highlight Congress's regulatory goals as well as the choices lawmakers make when regulating at the federal level. The book thus serves as a bridge to upper-level administrative law and adjectival courses, in addition to introducing the constitutional aspects of the regulatory state, statutory interpretation, and agency action. The most distinctive feature, however, is what one distinguished early reviewer terms its "laser-focus" on law. As scholars, professors are deeply interested in topics such as interpretive theory, cost-benefit analysis, and the institutional structure of the federal bureaucracy. Nonetheless, Legislation and the Regulatory State proceeds from the premise that institutional arrangements and judicial decisions rarely adopt academic theories in toto, but instead reflect "a formula upon which opposing social and political forces have come to rest," as the Court said in Vermont Yankee. The volume therefore emphasizes law in action. It uses statues and doctrine as a springboard for discussion of broader theoretical issues, rather than vice versa.

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  Cross-Border Litigation in Europe: The Brussels I Recast Regulation as a Panacea?

  Franco Ferrari and Francesco Ragno

  The Brussels I Regime, as set forth in the EC Regulation No 44/2001 (the “Brussels I Regulation”), which goes back to the Brussels Convention, is widely considered to be the foundation stone of a “European Law of Procedure” and to have enhanced cross-border litigation in Europe through an efficient system of judicial cooperation based on comprehensive jurisdiction rules, coordination of parallel proceeding, and circulation of judgments. In spite of its overall success, the system has been viewed as in need of modernization and has recently undergone a revision process, which led to the adoption of the EU Regulation No 1215/2012 (the “Brussels I Recast Regulation”), which became applicable on 10 January 2015. In this book, various authors examine in detail the most important changes introduced by this instrument, focus on issues still open and address the problems arising out of the coexistence of the new Regulation with other instruments in force in Europe. Not unlike the previous book on the Brussels I Recast Proposal published in this series, this volume aims at contributing to what has been an exciting discussion in the past and is likely to be so for years to come. Papers included in this volume were originally presented at an international conference held at Verona University School of Law, with the cooperation of the Center for Transnational Litigation, Arbitration and Commercial Law of the New York University, in November 2014. This event is one of a series of conferences held at Verona University School of Law over the years, the first one dating back to 1996. Even though these conferences dealt with the most disparate topics, ranging from International Sales Law to Private International Law and International Commercial Arbitration, they all have one thing in common: the expertise of the speakers and their willingness to leave the beaten path.

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  The Economic Characteristics of Developing Jurisdictions: Their Implications for Competition Law

  Eleanor M. Fox, Michal S. Gal, Mor Bakhoum, Josef Drexl, and David J. Gerber

  There is ongoing debate as to what competition law and policy is most suitable for developing jurisdictions. This book argues that the unique characteristics of developing jurisdictions matter when crafting and enforcing competition law and these should be placed at the heart of analysis when considering which competition laws are judicious. Through examining different factors that influence the adoption and implementation of competition laws in developing countries, this book illustrates the goals of such laws, the content of the legal rules, and the necessary institutional, political, ideological and legal conditions that must complement such rules. The book integrates development economics with competition law to provide an alternative vision of competition law, concluding that ‘one competition law and policy size’ does not fit “all socio-economic contexts”.

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  Civil Procedure

  Jack H. Friedenthal, Mary Kay Kane, and Arthur R. Miller

  Gain insight into the laws governing all of the major steps in the civil litigation process, starting with investigation and ending with post-appeal collateral attacks. This text covers the major themes underlying the governing legal standards and those basic issues that the case law and literature suggest to be the most pressing. References to federal practice and procedure are provided with a discussion on the burden of complex, multi-party litigation on the judicial system.

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  Regulation of Lawyers: Problems of Law and Ethics

  Stephen Gillers

  Reading a preface is not high on your to-do list. I get it. But this one is written with you in mind. And it’s short. So give me five minutes. Maybe ten. Three quick points. First, this casebook has a personality, a voice: mine. In that way, it is unlike some other casebooks. Its voice is conversational. And here and there, it takes a position directly, not only though the views of others. Second, the book contains many problems. Some are one paragraph, others a page or more. Many are based on real dilemmas I’ve heard or read about. Mostly, the problems are dense and messy, like life. They arose yesterday or will arise tomorrow. A problem may not have all the information required to answer it. You may have to identify what more you need to know. Third, this is your second most important class. Yeah, right, you think. It’s a bold statement, and here’s why I make it. Say you become an antitrust lawyer. Your criminal procedure class will fade into a remote corner of memory. Or if you become a criminal defense lawyer, you won’t need to know much about copyright. But whatever work you do as a lawyer, you will practice what you learn in this book and the class that assigns it every day you go to work. Other courses teach lessons that bear on a client’s legal problems. This course is about you, with two exceptions: Knowledge of these rules enables you to protect your clients against misconduct of other lawyers. And representing law firms in trouble (or needing advice to avoid trouble) is a growing practice area that might appeal to you. As you approach the starting line of your legal career, most important are the rules that constrain your behavior. You will want to know—in such areas as competence, fees, advocacy, confidentiality, conflicts of interest, negotiation, and the client-lawyer relationship—what may of must you do or not do with confidence that your conduct will not land you before a disciplinary committee, create civil liability, invite court sanction, forfeit your fee, or damage your reputation. “Ethics,” while a useful term, does not accurately encompass all the lessons learned here. The law business is heavily regulated, and the regulations have grown more complex in recent decades. This has led to new terms—the law governing lawyers and the law of lawyering—lest anyone be fooled by the word “ethics” into believing that the subject is simply about how to be a good person (although there’s some of that too). Avoid two errors. First, do not believe that the right way to act—toward clients, courts, adversaries, or colleagues—will be intuitively obvious. Sure, sometimes it will be. But not one needs to reach you not to lie or steal, and certainly not with hundreds of pages of text. The rules here may be obscure, some may be counterintuitive, and they can be subtle in application. Application in turn calls for judgment, and judgment is mostly learned through experience. Indeed, much of what lawyers do for clients is make judgments—about where the law is and is likely to go, what a particular judge or court will do in a pending litigation, and the risks of a contemplated strategy or decision. You develop that judgment across years of practice but it begins now. Second, don’t assume your employer will provide all the protection you need. Many law offices do have systems to detect and avoid mistakes and they have people to whom lawyers can turn for advice. But the best systems and resources are still not perfect, and anyway, the professional responsibility of a lawyer cannot be delegated wholesale to others. Furthermore, you need to know enough about the subject to be aware when you have a problem that requires advice. But it’s not only about you and your clients. A broader perspective from which to view the laws and rules that regulate lawyers looks at their effect on civil society and the administration of justice. These laws and rules help define the nature and work of the entire profession and therefore the behavior of our legal institutions and the quality of our social justice. For example, a rule that prohibits or requires a lawyer to reveal a client’s confidential information to protect others from harm will influence a lawyer’s own behavior, but it may also affect what clients are willing to reveal. As you enter practice, you may be more interested in such questions as “How do I behave?” and “How can I stay out of trouble?” than in asking the broader question, “what are the consequences to civil society and justice if one or another version of a particular rule is applied to America’s one million licensed lawyers?” Still, the last question is important and, if not as immediate, may arise in the course of your professional life. You may someday be in positions to resolve the broader questions—as a member of a bar association committee, a legislator, a government lawyer, or a judge. Asking about the consequences to justice and civil society if a rule is resolve one way rather than another—saying which resolution is best—engenders different answers among lawyers and also the public. Why is that? In part because the answers depend on political and moral values more fundamental than the “ethics” that inform various codes. And, of course, the political and moral values of different people differ. In addressing these questions we should also try to be honest about the interests we mean to protect. Those of society generally? Those of a particular client population? The legal profession’s? Our own? Law school and law practice, it is sometimes said, encourage more rather than less self-interest in answering the questions raised here. In transition as you are, your answers may vary from what they would have been before you entered law school, and they will likely be different five years on. Lawyers admitted to practice in the second decade of the 21st century will enter a profession in greater transition than was so at any other time in U.S. history. Three interrelated forces are reshaping the U.S. law industry: technology, globalization, and competition from abroad and from new sources of legal advice. These forces are upsetting a lawyer regulatory system that has served the United States well for more than a century, a system based on geography. In that system, lawyers get licensed by a place and serve clients from an office in the same place. But technology has disturbed the utility of geography as the basis to regulate. The Internet does not recognize borders. Neither may a client’s problems. Technology and globalization have encouraged competition from lawyer outside the U.S. and the ability of non-law businesses here and abroad to offer legal services at a lower cost. This is the tenth edition of the book. I started on the first edition in 1982 shortly after the birth of the first of two amazing daughters to whom all editions have been dedicated. I sent the manuscript to the publisher just after the birth of the second daughter in 1984. Since then, I spend a few hours weekly planning the next edition. The daughters are now out in the world, but the book never left home. You think a lot about what a casebook is and can be when you live with one so long. The book’s primary purpose is to provide information, but that’s just the beginning. The minimum editorial task would allow me to pick good cases and other materials, edit them, order them logically, add interstitial notes and questions, and put the product between covers. Voila! A casebook. Of course, one must being this way, but if nothing more were possible (even if not required), I wonders if I wouldn’t have kept at it so long. Luckily, more is possible while still serving the book’s goal—to teach the subject. For starters, we can strive for humor, variety, clarity, and good writing. The enterprise will not likely support the charm of a Hazlitt essay or the quirkiness of a Vonnegut novel—assuming counterfactually that I had the talent to achieve either (in which case I’d probably be in a different line of work)—but a casebook is a book, after all, and it should have an authorial presence in so far as possible. That’s what makes the book mine. And then there are the stories lawyers tell each other. The legal profession is a culture of storytellers and stories, Harrison Tweed (1885-1969), a president of the New York City Bar Association, once said: “I have a high opinion of lawyers. With all their faults, they stack up well against those in every other occupation or profession. Hey are better to work with or play with or fight with or drink with than most other varieties of mankind.” These word are inscribed on a wall at the Association’s headquarters. As a young lawyer, I thought Tweed was overly effusive, if not downright sanctimonious. At that time, I was inclined to agree with the character in George Bernard Shaw’s play The Doctor’s Dilemma who said that “all profession are conspiracies against the laity.” To some extent, I still find Tweed excessive and Shaw’s character apt. even if hyperbolic. But now I think Tweed had a point. The profession and its members are fascinating to study, and its stories are fascinating to hear. As with the study of any culture, understanding the bar requires density of information. We must know a thousand small details about the actual life within the society of lawyers, not merely a few doctrines and theories, if we are going to understand Lawyerland truly. I have tried to include some of those details here. I invite your views on the book. What was dull? What worked well? How can the book be improved? Have you encountered a quote or story somewhere (true or fictional) that you think nicely highlights an issue? This edition is indebted to past users who alerted me to interesting sources. Send e-mail to stephen.gillers@nyu.edu. All comments will be gratefully acknowledged. My ten minutes are up. Onto Chapter 1.

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  Regulation of Lawyers: Statutes and Regulations

  Stephen Gillers, Roy D. Simon, Andrew M. Perlman, and John Steele

  Prior edition of Regulation of Lawyers: Statutes and Regulations (Concise ed).

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  Regulation of Lawyers: Statutes and Regulations

  Stephen Gillers, Roy D. Simon, Andrew M. Perlman, and John Steele

  Prior edition of Regulation of Lawyers: Statutes and Regulations.

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  Cases and Materials on European Union Law

  Roger J. Goebel, Eleanor M. Fox, George A. Bermann, Jeffrey Atik, Frank Emmert, and Damien Gerard

  This classic casebook presents the governance and judicial structure of the European Union, together with its major substantive law fields of concern to students and practitioners, all as updated by the 2009 Treaty of Lisbon. Part I presents the history, institutional structure, principal Court constitutional doctrines, and its basic legal system. Teachers may choose among the other five parts to tailor their courses to their interests. Part II presents leading Court precedents and legislation intended to achieve the common market, later renamed the internal market. Part III comprehensively covers EU competition law and policy, of great concern to practitioners. The European Union's external relations and trade policy is the subject of Part IV, while Part V presents the impact of free movement of capital and EU banking regulation, and the Monetary Union. Finally, Part VI presents several key policy areas--the harmonization of employment law, anti-discrimination rules, environmental protection, and civil and commercial litigation rules.

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  Representing Parents in Child Welfare Cases: Advice and Guidance for Family Defenders

  Martin Guggenheim and Vivek S. Sankaran

  Representing Parents in Child Welfare Cases is a guide for attorneys representing parents accused of parental unfitness due to abuse or neglect. Competent legal representation is often the sole support a parent has when working with the child welfare system. This book provides practical tips for attorneys at each stage of the process. Leading experts provide insights into every step of the legal process, from the initial interview with the parent(s), through court hearings, to issues attendant to the Child Abuse and Neglect Registry System. Parents and attorneys must be prepared to navigate the obstacles created by the emotional nature of this work. Representing parents can be a lonely job, and natural biases against an accused parent can create additional obstacles from judicial officers, opposing counsel, social workers and service providers who are typically charged with assisting the reunification process. On the other side, competent legal representation often is the sole consistent support a parent has when he or she is pulled the child welfare system. This book offers practical, hands-on tips for attorneys at each stage of the process.

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  Labor Law: Cases, Materials, and Problems

  Michael C. Harper, Samuel Estreicher, and Kati Griffith

  A rigorous, analytical, modern, and practical approach to the issues and challenges of labor law and labor policy. Key Features of the New Edition: includes the most significant developments since the publication of the previous edition; an up-to-date rendering of new developments, including a new chapters on immigration and labor law and cross-border labor law; inclusion of recent decisions of the Obama Board and discussion of unresolved questions, such as the scope of joint employment and status of worker centers.

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  Understanding Estate and Gift Taxation

  Brant J. Hellwig and Robert T. Danforth

  Understanding Estate and Gift Taxation is new to the LexisNexis Understanding Series. This book 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, for example, the computation of estate, gift, and generation-skipping transfer taxes; the gift tax annual exclusion; the estate and gift tax marital deductions; the estate and gift tax implications of transfers with retained powers or interests; etc. 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. Understanding Estate and Gift Taxation 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 similarly would be useful to accountants who practice in these areas.