Faculty Books & Edited Works

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  Federal Habeas Corpus Practice and Procedure

  Randy A. Hertz and James S. Liebman

  An authoritative and practical 2-volume treatise with practical advice and expert analysis from practitioners and subject matter experts. Federal Habeas Corpus Practice and Procedure is a two-volume set consisting of practical advice and analysis of U.S. Supreme Court cases written by subject matter experts Randy Hertz and James S. Liebman. The newest edition includes comprehensive coverage of: the Antiterrorism and Effective Death Penalty Act (AEDPA); requirements states must satisfy to obtain AEDPA "opt-in" benefits; statutes of limitations; petition filing requirements; appointment of counsel; range and types of discovery; standards for obtaining federal evidentiary hearings; exhaustion of state remedies; procedural default; standards for applying AEDPA's section 2254(d)(1) and (d)(2); successive petitions; obtaining a certificate of appealability; federal prisoner practice under section 2255; types of claims that have led to the granting of the writ; Military Commissions Act of 2006; Adam Walsh Child Protection and Safety Act of 2006; USA Patriot Improvement and Reauthorization Act of 2005; and REAL ID Act of 2005. The treatise and the accompanying Supplement include extensive analysis of the latest habeas corpus case law as well as important statutory changes that directly affect you and your clients. Federal Habeas Corpus Practice and Procedure is the authoritative treatise that your clients need you to have and your practice absolutely demands. The Seventh Edition is presented in a new, 2-binder loose-leaf format. To improve ease of use, annual revisions and updates will be issued in the form of replacement loose-leaf pages rather than a separate cumulative supplement.

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  Fragile Democracies: Contested Power in the Era of Constitutional Courts

  Samuel Issacharoff

  Twenty-five years after the fall of the Berlin Wall, the democratic ascendency of the post-Soviet era is under severe challenge. While fragile democracies in Eastern Europe, Africa, and East Asia face renewed threats, the world has witnessed the failed democratic promises of the Arab Spring. What lessons can be drawn from these struggles? What conditions or institutions are needed to prevent the collapse of democracy? This book argues that the most significant antidote to authoritarianism is the presence of strong constitutional courts. Distinct in the third wave of democratization, these courts serve as a bulwark against vulnerability to external threats as well as internal consolidation of power. Particular attention is given to societies riven by deep divisions of race, religion, or national background, for which the courts have become pivotal actors in allowing democracy to take root.

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  Punish and Expel: Border Control, Nationalism, and the New Purpose of the Prison

  Emma Kaufman

  In 2006, after a scandal that gripped the country, the British government began to transform its prison system. Under pressure to find and expel foreigners, Her Majesty's Prison Service began concentrating non-citizens in prisons with 'embedded' border agents. Today, prison officers refer anyone suspected of being foreign to immigration authorities and prisoners facing deportation are detained in special prisons devoted to confining non-citizens. Those who cannot be deported linger, sometimes for years, indefinitely detained behind prison walls. The British approach to foreign nationals reflects a broader trend in punishment. Over the past decade, penal institutions across England, the United States, and Western Europe have become key sites for border control. Offering the first comprehensive account of the imprisonment of non-citizens in the United Kingdom, Punish and Expel: Border Control, Nationalism, and the New Purpose of the Prison draws on extensive empirical data, based on fieldwork in five men's prisons, to explore the relationship between punishment and citizenship. Using first-hand testimonies from hundreds of prisoners, prison officers, and high-level policy makers, it describes how prisons create a national identity and goes inside citizenship classes and 'all-foreign' prisons, documenting the treatment of non-citizens by other prisoners and staff. Passionately argued and meticulously researched, Punish and Expel links prisons to the history of British colonialism and the contemporary politics of race, whilst challenging the reader to rethink their approach to prisons, and to the people held inside them.

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  Europe's Justice Deficit?

  Dimitry Kochenov, Gráinne de Búrca, and Andrew Williams

  The gradual legal and political evolution of the European Union has not, thus far, been accompanied by the articulation or embrace of any substantive ideal of justice going beyond the founders' intent or the economic objectives of the market integration project. This absence arguably compromises the foundations of the EU legal and political system since the relationship between law and justice-a crucial question within any constitutional system-remains largely unaddressed. This edited volume brings together a number of concise contributions by leading academics and young scholars whose work addresses both legal and philosophical aspects of justice in the European context. The aim of the volume is to appraise the existence and nature of this deficit, its implications for Europe's future, and to begin a critical discussion about how it might be addressed. There have been many accounts of the EU as a story of constitutional evolution and a system of transnational governance, but few which pay sustained attention to the implications for justice. The EU today has moved beyond its initial and primary emphasis on the establishment of an Internal Market, as the growing importance of EU citizenship and social rights suggests. Yet, most legal analyses of the EU treaties and of EU case-law remain premised broadly on the assumption that EU law still largely serves the purpose of perfecting what is fundamentally a system of economic integration. The place to be occupied by the underlying substantive ideal of justice remains significantly underspecified or even vacant, creating a tension between the market-oriented foundation of the Union and the contemporary essence of its constitutional system. The relationship of law to justice is a core dimension of constitutional systems around the world, and the EU is arguably no different in this respect. The critical assessment of justice in the EU provided by the contributions to this book will help to create a fuller picture of the justice deficit in the EU, and at the same time open up an important new avenue of legal research of immediate importance.

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  The Quiet Power of Indicators: Measuring Governance, Corruption, and the Rule of Law

  Sally Engle Merry, Kevin E. Davis, and Benedict Kingsbury

  Using a power-knowledge framework, this volume critically investigates how major global indicators of legal governance are produced, disseminated and used, and to what effect. Original case studies include Freedom House's Freedom in the World indicator, the Global Reporting Initiative's structure for measuring and reporting on corporate social responsibility, the World Justice Project's measurement of the rule of law, the World Bank's Doing Business index, the World Bank-supported Worldwide Governance Indicators, the World Bank's Country Performance Institutional Assessment (CPIA), and the Transparency International Corruption (Perceptions) index. Also examined is the use of performance indicators by the European Union for accession countries and by the US Millennium Challenge Corporation in allocating US aid funds. Presents a coherent theoretical framework for indicators as a form of global governance. Examines both the global production and local implementation of indicators. Includes geographically diverse case studies of the impact of particular indicators.

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  Inside the Cell: The Dark Side of Forensic DNA

  Erin E. Murphy

  DNA typing -- the analysis of a biological sample for a person's genetic signature -- has led to the unprecedented exoneration of hundreds of wrongfully convicted people. And every day we hear stories about how police used DNA to capture a dangerous rapist or killer. Reading these accounts, it is hard not to think of DNA typing as an unmitigated good. Who can argue with a technology that helps catch bad guys and correct law enforcement mistakes? But there is a darker side to this story -- a version less likely to play out on dramatic television shows. In Inside the Cell, Erin Murphy shows how DNA typing can be subject to misuse, mistake, and error, and lead to a police state run amok. Murphy shows the perils of a society in which "stop-and-frisk" becomes "stop-and-spit," or in which police pose undercover to get a DNA sample from your discarded lunch. Already, police can collect DNA when making an arrest, sometimes before charging a person with a crime. The government is building a massive DNA database, stockpiling samples from as much as a third of the male population, and the laws regulating what they can and cannot do with them are weak. Murphy shows how this invites the riskiest kind of genetic surveillance imaginable. Just because DNA testing is good science does not mean that it is foolproof. Faulty forensic science is the number two factor leading to wrongful conviction, and yet we have done little to improve the use of science in criminal justice. Forensic labs are largely unregulated and lacking in meaningful oversight standards, as evidenced by the involvement of nearly every major forensic lab in a DNA-related scandal. We have invested hundreds of millions of dollars to collect DNA samples from convicted offenders. But we have spent far less to hire analysts to wade through huge backlogs, and virtually nothing to ensure that evidence will ever even collected from the crime scene. We are at a critical moment in time for forensic DNA testing programs. We may continue on the road we are on now, with our blind faith and limitless enthusiasm for handing over our genetic secrets to the police for them to use at their unfettered discretion. Or, as Murphy advises here, we can pause to take stock of our failures and our successes, appreciate what is truly at stake and what is truly to be gained, and change course toward a smarter DNA policy that is in everybody's interest.

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  Cases on Reproductive Rights and Justice

  Melissa Murray and Kristin Luker

  The first casebook on the subject marks the contours of the field and provides a comprehensive understanding of the law and legal discourse relating to state regulation of sex, bodies, families, and reproduction. This compilation of rich historical and contemporary primary and secondary materials, accompanied by rigorous legal analysis, considers the economic, political, legal, and social factors that influence procreation and parenting. It is attentive to questions of race, ethnicity, socio-economic status, sexual orientation, and ability. Given that reproductive rights are implicated by different bodies of law, the casebook and teacher's manual will serve as guides to help balance expertise in one particular area of the law and enable well-rounded engagement with various issues.

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  Madison's Music: On Reading the First Amendment

  Burt Neuborne

  One of the nation’s foremost civil liberties lawyers challenges our understanding of how our democracy works with a radical new reading of a founding document. What if most of what we think we know about the First Amendment is just wrong? For years, the Supreme Court has treated the First Amendment like a laundry list of isolated words, stopping every once in a while to pull a couple of words out of the full text and claiming to be able to use the artificially isolated words as an infallible guide to what the First Amendment really means. Burt Neuborne, who has been one of the nation’s foremost constitutional lawyers for the past fifty years, argues that the Supreme Court has gotten it all wrong. If, he argues, judges would only look at the First Amendment’s full text—all forty-five words—they would discover Madison’s music, a First Amendment that is democracy’s best friend. Neuborne, who was the national legal director of the ACLU during the Reagan presidency and has argued many cases before the Supreme Court, explains that the remarkably disciplined order and structure of the ideas in Madison’s forty-five-word First Amendment—beginning with freedom of conscience in the religion clauses; moving on to freedoms of speech, press, and assembly in that order; and ending with freedom to petition for redress of grievances—tells the story of democracy in action. Madison’s music, he argues, is the chronicle of a democratic idea conceived in the free conscience of a free citizen, articulated by a free speaker, disseminated widely by a free press, turned into a political movement by freely assembled people, and enacted into law through the petition clause. No other rights-bearing document, beginning with the Magna Carta in 1215, comes close to such a careful narrative of democracy in action. Neuborne argues that the Supreme Court’s misuse of what he calls “an imperial Free Speech Clause” to blot out Madison’s democratic music has led to an arbitrary First Amendment that turns democracy over to hugely wealthy individuals and corporations, encourages cynical officials to disenfranchise the weak, and allows politicians to manipulate the system to stay in power. Recovering the ability to hear Madison’s music, he argues, is the first step to reclaiming our democracy for everyone—not just the rich.

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  Environmental Law and Policy: Problems, Cases, and Readings

  Richard L. Revesz

  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 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 primarily to underscore the importance of the regulation of greenhouse gases under the Clean Air Act.

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  Why Love Leads to Justice: Love Across the Boundaries

  David A.J. Richards

  This book tells the stories of notable historical figures who, by resisting patriarchal laws condemning adultery, gay and lesbian sex, and sex across the boundaries of religion and race, brought about lasting social and political change. Constitutional scholar David A. J. Richards investigates the lives of leading transgressive artists, social critics, and activists including George Eliot, Benjamin Britten, Christopher Isherwood, Bayard Rustin, James Baldwin, Eleanor Roosevelt, and Margaret Mead. Richards shows how ethical empowerment, motivated by love, allowed these figures to resist the injustices of anti-Semitism, racism, sexism, and homophobia, leading to the constitutional condemnation of these political evils in the United States, Britain, and beyond. Love and law thus grow together, and this book shows how and why. Drawing from developmental psychology (including studies of trauma), political theory, the history of social movements, literature, biography, and law, this book will be a thought-provoking tool for anyone interested in civil rights.

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  Law and Society in Latin America: A New Map

  César Rodríguez-Garavito

  Over the past two decades, legal thought and practice in Latin America have changed dramatically: new constitutions or constitutional reforms have consolidated democratic rule, fundamental innovations have been introduced in state institutions, social movements have turned to law to advance their causes, and processes of globalization have had profound effects on legal norms and practices. Law and Society in Latin America: A New Map offers the first systematic assessment by leading Latin American socio-legal scholars of the momentous transformations in the region. Through an interdisciplinary and comparative lens, contributors analyze the central advances and dilemmas of contemporary Latin American law. Among them are pioneering jurisprudence and legal mobilization for the fulfillment of socioeconomic rights in a highly unequal region, the rise of multicultural constitutionalism and legal struggles around identity politics, the globalization of legal education and practice, tensions between developmental policies and environmental justice, and the emergence of a regional human rights system. These and other processes have not only radically altered the institutional landscape of the region, but also produced academic and practical innovations that are of global interest and defy conventional accounts of Latin American law inherited from law-and-development studies. Painting a portrait of the new Latin American legal thought for an international audience, Law and Society in Latin America: A New Map will be of particular interest to students of comparative law, legal mobilization, and Latin American politics.

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  Radical Deprivation on Trial: The Impact of Judicial Activism on Socioeconomic Rights in the Global South

  César Rodríguez-Garavito and Diana Rodríguez-Franco

  This book is an empirical study of contributions by courts in the Global South to comparative constitutionalism. It offers an analytical framework for understanding these constitutional innovations and illustrates them with a qualitative study of the most ambitious case in constitutional adjudication in Latin America over the last decade: the Colombian Constitutional Court's structural injunction affecting the rights of over five million internally displaced people and its implementation process. Although the ruling (known as T25) was handed down in 2004, its monitoring process continues. This book traces the case's evolution from its origin to its effects on policy, politics and public opinion. It also compares the implementation and effects of T25 with those of other rulings on the rights to health, food, housing, and prison overcrowding in Colombia, India and South Africa. The study's insights will be of interest to scholars of comparative constitutionalism in Latin America, Africa and Asia.

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  International Aspects of U.S. Income Taxation

  John P. Steines Jr.

  This book addresses international aspects of U.S. tax law—the rules that govern U.S. taxation of U.S. activity by foreign persons and foreign activity by U.S. persons. It is an outgrowth of materials I have prepared for various courses in international taxation offered in the LL.M. program in taxation at New York University School of Law over the last twenty-five years. Though primarily attended by LL.M. students from the United States and numerous foreign countries, J.D. students also enroll in the courses, and there is no reason why the book may not be used with either group of students. The book is informed not only by teaching experience, but also by my experience practicing international tax law. I have tried to cover not only what is academically interesting, but also what is practical and important to tax practitioners in the private and public sectors. International tax draws from many sources and is exceedingly difficult. The book is designed to capture all that a student needs (other than the Internal Revenue Code and Treasury Regulations) to gain a sophisticated understanding of the field. There are many fine primers and treatises on international tax, but the rules are so intricate that students, who rarely have time to read outside sources, learn best by focusing on the primary material. My observation is that it is desirable that students studying international tax have prior or contemporaneous academic or practical exposure to corporate tax and at least passing familiarity with partnership tax. Each section of the book begins with carefully selected reading assignments in the Code and Regulations, followed by introductory “Notes” and then primary and secondary materials (cases, rulings, legislative history, etc.). In order to illustrate the effect of treaties, the reading assignments often include provisions of the U.S. Treasury Model Treaty and the treaty between the United States and the Netherlands, which are reproduced in the Appendix. Most sections conclude with a problem, which may be used as a vehicle for class lecture or discussion, designed to text understanding of the material in as practical a setting as brief hypothetical patterns permit. The Notes provide introductory explanation and probe policy and practical issues raised only peripherally or obscurely by the other assigned reading material. Though principally intended as a teaching resource, the book may also serve as a research and practice tool for practitioners. The Notes, which cite numerous cases, administrative materials, and law review articles, provide overview and analysis of most relevant practice areas and are an entry point to more detailed research. In that sense the Notes function as a concise analytical compendium, with more depth than a primer but not as exhaustive as a treatise. A table of contents follows immediately and a table of authorities and index are at the end of Volume 2. The fourth edition was current through July 1, 2009. The fifth edition, which reflected developments through August 1, 2014, included only Volume 1. This sixth edition updates Volumes 1 and 2 through September 1, 2015. Here are some of the highlights since 2009. On inbound matters, the FATCA regime of requiring foreign financial institutions to register with the U.S. government or face a 30-percent withholding tax on U.S. source receipts has been implemented along with information exchange agreements with over 110 countries. The United States has continued to update treaties around the world (although Senator Paul continues to hold up ratification of several), and in 2015 Treasury proposed significant BEPS-inspired changes to the U.S. Model Treaty. Other important statutory and regulatory developments include repeal of the “80-20” rules (which had relaxed withholding tax on interest and dividends paid by U.S. corporations conducting primarily foreign business), a new source rule treating guarantee payments like interest, and controversial new rules subjecting dividend-equivalent swap payments to withholding tax. Elsewhere, source countries continue pressing to expand the scope of a permanent establishment, particularly in the area of services and activities of subsidiaries and commissioners. The foreign tax credit area has been especially active. The Supreme Court’s unanimous decision in PPL confirmed that creditability issues turn on substance, not form. And several anti-abuse measures were taken: Regulations clamping down on “foreign tax generator” transactions were finalized, and the government has so far had nearly unanimous success, on doctrinal grounds, in generator cases pre-dating the regulations. Congress enacted Sections 909 and 901(m) to combat foreign tax “splitters” and credits for taxes on income that permanently escapes U.S. taxation, and Treasury has pitched in with new “technical taxpayer” regulations. For revenue reasons, Congress once again postponed the choice to adopt worldwide apportionment of interest expense, this time to 2021. Turning to transfer pricing, expansive cost sharing regulations were finalized, but the government lost important cases in Veritas, Xilinx, and Alteras. And the OECD’s BEPS project, discussed below, threatens to make fundamental changes to transfer pricing around the world. Subpart F has been relatively quiet, although Treasure finally issued regulations addressing CFC loans to foreign partnerships; the active finance and look-through rules have been serially extended and the branch rules dealing with foreign base company sales income have been finalized. The PFIC area, too, has been inactive. Regulations under Sections 367 and 956 have been refined in the government’s ongoing effort to combat repatriation schemes (e.g., “Killer B” and “Deadly D” reorganizations). Regulations under Sections 367 and 7874 (and important Notices promising more) continue the government’s war against corporate expatriations (“inversions”), which seem to have slowed in the wake. The confluence of BEPS, inversions, and an enormous accumulation of unrepatriated cash and earnings in U.S. multinational companies’ foreign subsidiaries has inspired much talk of international tax reform, and for the first time in a long time, with the White House sharing at least a conditional willingness with the Republican-controlled Congress to reduce tax on U.S. companies’ foreign earnings, it appears to be more than just talk. There may actually be legislation in the not too distant future. Unquestionably, current fixation on international taxation owes much to the ubiquitous BEPS project, and not introduction of the subject of international taxation could be complete without mentioning BEPS.

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  The Luxury Economy and Intellectual Property: Critical Reflections

  Haochen Sun, Barton C. Beebe, and Madhavi Sunder

  Intellectual property law plays a pivotal role in ensuring that luxury goods companies can recoup their investments in the creation and dissemination of their copyrighted works, trademarked logos, and patented designs. In 2011, global sales for luxury goods reached about $250 billion, and consumers in East and Southeast Asia accounted for more than 50 percent of that figure. The rapid expansion of the market has prompted some retailers to wield intellectual property against the influx of imitators and counterfeiters. The Luxury Economy and Intellectual Property comprehensively explores the rise of the luxury goods economy and the growing role of intellectual property in creating, sustaining, and regulating this economy. Leading scholars across various disciplines critically consider the industry, its foundational intellectual property laws, and the public interest and social concerns arising from the intersection of economics and law. Topics covered include defining the concept of luxury, the social life of luxury goods, concerns about distributive justice in a world flooded by luxury goods and knockoffs, the globalization of luxury goods, and the economic, social, and political ramifications of the meteoric rise of the Asian luxury goods market.

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  Ethical Problems in Federal Tax Practice

  Bernard Wolfman, Deborah H. Schenk, and Diane Ring

  Ethical Problems in Federal Tax Practice provides clear explanations of the relevant rules and regulations that apply to tax lawyers and organizes the materials by the various functions a lawyer serves: litigator, advisor and counselor. This is the only casebook currently available for law courses on professional responsibility in tax practice. Look for these key features in the new edition: new chapter on international tax practice; effect of technology innovations, e.g., email and social media, on ethical tax practice, including issues such as ethical advertising and solicitation, outsourcing and fee sharing; changes to Circular 230, the document governing practice before the IRS.

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  Wright and Miller's Federal Practice and Procedure

  Charles A. Wright, Arthur R. Miller, and Helen Hershkoff

  Comprehensive and authoritative coverage of all aspects of federal civil, criminal and appellate procedure, including rules of civil, criminal, and appellate procedure, rules of evidence, the federal judicial system, jurisdiction of all federal courts, venue, removal of cases, res judicata, relation of state and federal courts, multidistrict litigation, and more. Provides extensive analysis of each rule as interpreted and applied by the federal courts and affected by related statutes and rules. Includes official forms adopted with the rules. Contains numerous tables and couples key words, ideas, and legal concepts to index and cited decisions, statutes, and other relevant materials.

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  Speak Now: Marriage Equality on Trial, The Story of Hollingsworth v. Perry

  Kenji Yoshino

  Tells the story of a watershed trial that unfolded over twelve tense days in California in 2010. A trial that legalized same-sex marriage in our most populous state. A trial that interrogated the nature of marriage, the political status of gays and lesbians, the ideal circumstances for raising children, and the ability of direct democracy to protect fundamental rights. A trial that stands as the most potent argument for marriage equality this nation has ever seen. In telling the story of Hollingsworth v. Perry, the groundbreaking federal lawsuit against Proposition 8, Kenji Yoshino has also written a paean to the vanishing civil trial--an oasis of rationality in what is often a decidedly uncivil debate.

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  Lines of Descent: W. E. B. Du Bois and the Emergence of Identity

  Kwame Anthony Appiah

  W. E. B. Du Bois never felt so at home as when he was a student at the University of Berlin. But Du Bois was also American to his core, scarred but not crippled by the racial humiliations of his homeland. In Lines of Descent, Kwame Anthony Appiah traces the twin lineages of Du Bois' American experience and German apprenticeship, showing how they shaped the great African-American scholar's ideas of race and social identity. At Harvard, Du Bois studied with such luminaries as William James and George Santayana, scholars whose contributions were largely intellectual. But arriving in Berlin in 1892, Du Bois came under the tutelage of academics who were also public men. The economist Adolf Wagner had been an advisor to Otto von Bismarck. Heinrich von Treitschke, the historian, served in the Reichstag, and the economist Gustav von Schmoller was a member of the Prussian state council. These scholars united the rigorous study of history with political activism and represented a model of real-world engagement that would strongly influence Du Bois in the years to come. With its romantic notions of human brotherhood and self-realization, German culture held a potent allure for Du Bois. Germany, he said, was the first place white people had treated him as an equal. But the prevalence of anti-Semitism allowed Du Bois no illusions that the Kaiserreich was free of racism. His challenge, says Appiah, was to take the best of German intellectual life without its parochialism--to steal the fire without getting burned.

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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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  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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  Critical Legal Perspectives on Global Governance: Liber Amicorum David M. Trubek

  Gráinne de Búrca, Claire Kilpatrick, and Joanne Scott

  This book of essays, written in honour of Professor David Trubek, explores many of the themes which he has himself written about, most notably the emergence of a global critical discourse on law and its application to global governance. As law becomes ever more implicated in global governance and as processes related to and driven by globalisation transform legal systems at all levels, it is important that critical traditions in law adapt to the changing legal order and problématique. The book brings together critical scholars from the EU, and North and South America to explore the forms of law that are emerging in the global governance context, the processes and legal roles that have developed, and the critical discourses that have been formed. By looking at critical appraisals of law at the global, regional and national level, the links among them, and the normative implications of critical discourses, the book aims to show the complexity of law in today's world and demonstrate the value of critical legal thought for our understanding of issues of contemporary governance and regulation. Scholars from many countries contribute critical studies of global and regional institutions, explore the governance of labour and development policy in depth, and discuss the changing role of lawyers in global regulatory space.

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  Intellectual Property at the Edge: The Contested Contours of IP

  Rochelle C. Dreyfuss and Jane C. Ginsburg

  Intellectual Property at the Edge addresses both newly formed intellectual property rights and those which have lurked on the fringes, unadmitted to the established IP canon. It provides a basis for studying and discussing the history of these emerging rights as well as their relationship to new technological opportunities and to the changing importance of innovation and creative production in the global economy. In addition to addressing the scope of new rights, it also focuses on new limitations to patent, copyright and trademark rights that spring from similar changes. All of these developments are examined comparatively: for each new development, scholars in two jurisdictions analyse the evolving legal norm. In several instances, the first of the paired authors writes from the perspective of the legal system in which the doctrine emerged, and the second addresses its reception in her jurisdiction.

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  Balancing Wealth and Health: The Battle over Intellectual Property and Access to Medicines in Latin America

  Rochelle C. Dreyfuss and César Rodríguez-Garavito

  This book focuses on the debates concerning aspects of intellectual property law that bear on access to medicines in a set of developing countries. Specifically, the chapters look at measures that regulate the acquisition, recognition, and use of patent rights on pharmaceuticals and trade secrets in data concerning them, along with the conditions under which these rights expire so as to permit the production of cheaper generic drugs. In addition, the book includes commentary from scholars in human rights, international institutions, and transnational activism. The case studies presented from eleven Latin American countries have many commonalities in terms of economics, legal systems, and political histories, and yet they differ in the balance each has struck between proprietary interests and access concerns. The book documents this cross-country variation in legal norms and practice, identifies the factors that have led to differences in result, and theorizes as to how differentials among these countries occur and why they endure within a common transnational regulatory regime. The work concludes by putting the results of the investigations into a global administrative law frame and offers suggestions on institutional mechanisms for considering the trade-offs between health and wealth.

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  The United States Tax Court: An Historical Analysis

  Harold Dubroff and Brant J. Hellwig

  The United States Tax Court-An Historical Analysis (Second Edition) is a 13-part scholarly work which provides insight into the forces which created and shaped the United States Tax Court, its procedures, and its jurisdiction through the present day. This comprehensive work is packaged with two paperback volumes. Parts I through IV of the book detail the history of the United States Tax Court, beginning with the creation of the Board of Tax Appeals through the 1969 congressional chartering of the United States Tax Court as a court of record established under article I of the United States Constitution. Part V discusses the judicial consideration of the United States Tax Court's constitutional status that culminated in the United States Supreme Court's 1991 decision in Freytag v. Commissioner. Part VI addresses foundational aspects of the United States Tax Court's jurisdiction, such as its deficiency and refund jurisdiction. Part VII examines a number of recent innovations in the United States Tax Court's jurisdiction that are intended to improve the efficiency of tax litigation. Part VIII explores the jurisdiction of the United States Tax Court to review the administration of certain specified taxpayer rights. Parts IX through XI discuss pretrial matters, trial procedure, and post-trial considerations, respectively. Part XII discusses the position of the Special Trial Judge. Part XIII addresses the various means by which the United States Tax Court provides institutional support to self-represented taxpayers.

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  The Classical Liberal Constitution: The Uncertain Quest for Limited Government

  Richard A. Epstein

  American liberals and conservatives alike take for granted a progressive view of the Constitution that took root in the early twentieth century. Richard A. Epstein laments this complacency which, he believes, explains America’s current economic malaise and political gridlock. Steering clear of well-worn debates between defenders of originalism and proponents of a living Constitution, Epstein employs close textual reading, historical analysis, and political and economic theory to urge a return to the classical liberal theory of governance that animated the framers’ original text, and to the limited government this theory supports. Grounded in the thought of Locke, Hume, Madison, and other Enlightenment figures, the classical liberal tradition emphasized federalism, restricted government, separation of powers, property rights, and economic liberties. The most serious challenge to this tradition, Epstein contends, has come from New Deal progressives and their intellectual defenders. Unlike Thomas Paine, who saw government as a necessary evil at best, the progressives embraced government as a force for administering social good. The Supreme Court has unwisely ratified the progressive program by sustaining an ever-lengthening list of legislative programs at odds with the classical liberal Constitution. Epstein’s carefully considered analysis addresses both halves of the constitutional enterprise: its structural safeguards against excessive government power and its protection of individual rights. He illuminates contemporary disputes ranging from presidential prerogatives to health care legislation, while reexamining such enduring topics as the institution of judicial review, the federal government’s role in regulating economic activity, freedom of speech and religion, and equal protection.