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Unwarranted: Policing Without Permission
Barry Friedman
In June 2013, documents leaked by Edward Snowden sparked widespread debate about secret government surveillance of Americans. Just over a year later, the shooting of Michael Brown, a black teenager in Ferguson, Missouri, set off protests and triggered concern about militarization of law enforcement and discriminatory policing. In Unwarranted, Barry Friedman argues that these two seemingly disparate events are connected—and that the problem is not so much the policing agencies as it is the rest of us. We allow these agencies to operate in secret and to decide how to police us, rather than calling the shots ourselves. And the courts, which we depended upon to supervise policing, have let us down entirely. Unwarranted tells the stories of ordinary people whose lives were torn apart by policing—by the methods of cops on the beat and those of the FBI and NSA. Driven by technology, policing has changed dramatically. Once, cops sought out bad guys; today, increasingly militarized forces conduct wide surveillance of all of us. Friedman captures the eerie new environment in which CCTV, location tracking, and predictive policing have made suspects of us all, while proliferating SWAT teams and increased use of force have put everyone’s property and lives at risk. Policing falls particularly heavily on minority communities and the poor, but as Unwarranted makes clear, the effects of policing are much broader still. Policing is everyone’s problem. Police play an indispensable role in our society. But our failure to supervise them has left us all in peril. Unwarranted is a critical, timely intervention into debates about policing, a call to take responsibility for governing those who govern us.
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Governing Medical Knowledge Commons
Brett Frischmann, Michael Madison, and Katherine J. Strandburg
Governing Medical Knowledge Commons makes three claims: first, evidence matters to innovation policymaking; second, evidence shows that self-governing knowledge commons support effective innovation without prioritizing traditional intellectual property rights; and third, knowledge commons can succeed in the critical fields of medicine and health. The editors' knowledge commons framework adapts Elinor Ostrom's groundbreaking research on natural resource commons to the distinctive attributes of knowledge and information, providing a systematic means for accumulating evidence about how knowledge commons succeed. The editors' previous volume, Governing Knowledge Commons, demonstrated the framework's power through case studies in a diverse range of areas. Governing Medical Knowledge Commons provides fifteen new case studies of knowledge commons in which researchers, medical professionals, and patients generate, improve, and share innovations, offering readers a practical introduction to the knowledge commons framework and a synthesis of conclusions and lessons. The book is also available as Open Access.
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Regulation of Lawyers: Statutes and Regulations
Stephen Gillers, Roy D. Simon, Andrew M. Perlman, and Dana Remus
Prior edition of Regulation of Lawyers: Statutes and Regulations.
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Regulation of Lawyers: Statutes and Regulations
Stephen Gillers, Roy D. Simon, Andrew M. Perlman, and Dana Remus
Prior edition of Regulation of Lawyers: Statutes and Regulations (Concise ed).
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The Beginning of Politics: Power in the Biblical Book of Samuel
Moshe Halbertal and Stephen Holmes
The book of Samuel is universally acknowledged as one of the supreme achievements of biblical literature. Yet the book’s anonymous author was more than an inspired storyteller. The author was also an uncannily astute observer of political life and the moral compromises and contradictions that the struggle for power inevitably entails. The Beginning of Politics mines the story of Israel’s first two kings to unearth a natural history of power, providing a forceful new reading of what is arguably the first and greatest work of Western political thought. Through stories such as Saul’s madness, David’s murder of Uriah, the rape of Tamar, and the rebellion of Absalom, the author of Samuel deepens our understanding not only of the necessity of sovereign rule but also of its costs—to the people it is intended to protect and to those who wield it. Moshe Halbertal and Stephen Holmes show how these beautifully crafted narratives cut to the core of politics, offering a timely meditation on the dark side of sovereign power and the enduring dilemmas of statecraft.
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Civil Procedure
Samuel Issacharoff
This book analyzes legal procedure as part of a complicated interaction between private ordering and public intervention. Modern society brings people together in a variety of settings and injects an active state presence into all manner of everyday activities. Inevitably there are disputes. Yet, these disputes settle all around us, based on social norms or simply an understanding of what is right and what is wrong; what is contestable and what is not. This private ordering of responsibility occurs against a backdrop, sometimes but certainly not always invoked, of what might occur were the matter to be taken to the more costly system of public dispute resolution. In this sense, disputants outside the legal system are said to be bargaining in the shadow of the law. For those who cannot privately order their disputes, there are two public interests. The first is to provide a public resolution such that future similarly situated disputants may be better able to anticipate what are the likely outcomes should they proceed to litigation. The second is to provide finality so that the disputants may get on with their affairs. The central thrust of this book is to examine the overall structure of public dispute resolution through six basic concepts: 1. rudimentary fairness and the trade off between equity and efficiency; 2. defining the parameters of a dispute in terms of the presentation of issues and the obtaining of information; 3. defining the scope of the dispute in terms of parties, particularly as the judicial system confronts increasingly complex litigation; 4. defining the power of the courts; 5. securing finality; and 6. the costs of procedure.
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Criminal Law and Its Processes: Cases and Materials
Sanford H. Kadish, Stephen J. Schulhofer, and Rachel E. Barkow
From a preeminent authorship team, Criminal Law and its Processes: Cases and Materials, Tenth Edition, continues in the tradition of its best-selling predecessors by providing students not only with a cohesive policy framework through which they can understand and examine the use of criminal laws as a means for social control but also analytic tools to understand and apply important criminal law doctrines. Instead of presenting the elements of various crimes in a disjointed fashion, Criminal Law and its Processes: Cases and Materials focuses on having students develop a nuanced understanding of the underlying principles, rules, and policy rationales that inform all criminal laws. A cases-and-notes pedagogy along with scholarly excerpts, questions, and notes, provides students with a rich foundation for not only the academic examination of criminal laws but also the application of the law to real-world scenarios.
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The Anatomy of Corporate Law: A Comparative and Functional Approach
Reinier Kraakman, John Armour, Paul Davies, Luca Enriques, Henry Hansmann, Gerard Hertig, Klaus Hopt, Hideki Kanda, Mariana Pargendler, Wolf-Georg Ringe, and Edward B. Rock
This book provides a theoretical framework for the understanding of corporate (or company) law from both a functional and a comparative perspective and illustrates how corporate laws in core jurisdictions (namely, Brazil, the U.S., the UK, France, Germany, Italy, and Japan) conform to that framework. Corporations in all jurisdictions share the same key legal attributes: namely, legal personality, limited liability, delegated management, transferable shares, and investor ownership. Businesses using the corporate form give rise to three basic types of agency problems, namely those between: (1) managers and shareholders as a class; (2) controlling shareholders and minority shareholders; and (3) shareholders as a class and other corporate constituencies, such as corporate creditors and employees. After identifying the common set of legal strategies used to address these agency problems and discussing their interaction with enforcement institutions, the book illustrates how a number of core jurisdictions around the world deploy such strategies. In so doing, it highlights the many commonalities across jurisdictions and reflects on the reasons why they differ on specific issues. The analysis covers the basic governance structure of the corporation, including the powers of the board of directors and the shareholder meeting, both when management and when a dominant shareholder is in control. It then analyses the role of corporate law in shaping labor relationships, the protection of external stakeholders, the relationships with creditors, related-party transactions, fundamental corporate actions such as mergers and charter amendments, takeovers, and the regulation of capital markets.
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Social Rights Judgements and the Politics of Compliance: Making It Stick
Malcolm Langford, César Rodríguez-Garavito, and Julieta Rossi
The past few decades have witnessed an explosion of judgments on social rights around the world. However, we know little about whether these rulings have been implemented. Social Rights Judgments and the Politics of Compliance is the first book to engage in a comparative study of compliance of social rights judgments as well as their broader effects. Covering fourteen different domestic and international jurisdictions, and drawing on multiple disciplines, it finds significant variance in outcomes and reveals both spectacular successes and failures in making social rights a reality on the ground. This variance is strikingly similar to that found in previous studies on civil rights, and the key explanatory factors lie in the political calculus of defendants and the remedial framework. The book also discusses which strategies have enhanced implementation, and focuses on judicial reflexivity, alliance building and social mobilisation.
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The Law of Governance, Risk Management, and Compliance
Geoffrey P. Miller
The second edition of The Law of Governance, Risk Management, and Compliance follows the first edition, as the first casebook focused on the law of governance, risk management, and compliance. Author Geoffrey P. Miller, a highly respected professor of corporate and financial law, brings real world experience to the book as a member of the board of directors and audit and risk committees of a significant banking institution. The book addresses issues of fundamental importance for any regulated organization (the $13 billion settlement between JPMorgan Chase and its regulators is only one of many examples). This book can be a cornerstone for courses on compliance, corporate governance, or on the role of attorneys in managing risk in organizational clients.
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Legitimacy Issues of the European Union in the Face of Crisis: Dimitris Tsatsos in memoriam
Lina Papadopoulou, Ingolf Pernice, and Joseph H. H. Weiler
Given the crises shattering the European Union since several years, from the financial crisis up to the refugee crisis and the vote on Brexit, Euro-scepticism and rejection are growing; a pending crisis of legitimacy compels us to analyse not only causes but also the potentials of enhancing legitimacy. This volume originates from contributions and discussions of two conferences held by the European Constitutional Law Network (ECLN). It reaches from foundational questions of democracy theory, an analysis of the causes of the crises and of the role of the judiciary in coping with the crisis, the protection of fundamental rights of the Union citizens and their better inclusion and participation through digitization, up to concrete reform proposals. A dialogical epilogue of Joseph Weiler with some of the authors strives to stimulate further discussion and reflection, as needed in the coming years if the EU is to overcome the crises and develop further as a democratic Union of citizens. With contributions by Giacinto della Cananea, Tom Eijsbouts, Federico Fabbrini, George Gerapetritis, Anna-Maria Konsta, George Karavokyris, Mattias Kumm, Jean-Victor Louis, Miguel Poiares Maduro, Antonis Manitakis, Ana Maria Guerra Martins, Lina Papadopoulou, Ingolf Pernice, Joseph H. H. Weiler and Jiri Zemánek.
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Business and Human Rights: Beyond the End of the Beginning
César Rodríguez-Garavito
The regulation of business in the global economy poses one of the main challenges for governance, as illustrated by the dynamic scholarly and policy debates about the UN Guiding Principles on Business and Human Rights and a possible international treaty on the matter. This book takes on the conceptual and legal underpinnings of global governance approaches to business and human rights, with an emphasis on the Guiding Principles (GPs) and attention to the current treaty process. Analyses of the GPs have tended to focus on their static dimension, such as the standards they include, rather than on their capacity to change, to push the development of new norms, and practices that might go beyond the initial content of the GPs and improve corporate compliance with human rights. This book engages both the static and dynamic dimensions of the GPs, and considers the issue through the eyes of scholars and practitioners from different parts of the world.
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Surveillance, Privacy and Transatlantic Relations
Stephen J. Schulhofer, David D. Cole, and Federico Fabbrini
Recent revelations, by Edward Snowden and others, of the vast network of government spying enabled by modern technology have raised major concerns both in the European Union and the United States on how to protect privacy in the face of increasing governmental surveillance. This book brings together some of the leading experts in the fields of constitutional law, criminal law and human rights from the US and the EU to examine the protection of privacy in the digital era, as well as the challenges that counter-terrorism cooperation between governments pose to human rights. It examines the state of privacy protections on both sides of the Atlantic, the best mechanisms for preserving privacy, and whether the EU and the US should develop joint transnational mechanisms to protect privacy on a reciprocal basis. As technology enables governments to know more and more about their citizens, and about the citizens of other nations, this volume offers critical perspectives on how best to respond to one of the most challenging developments of the twenty-first century.
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Fundamentals of Business Enterprise Taxation: Cases and Materials
Stephen Schwarz, Daniel J. Lathrope, and Brant J. Hellwig
Offered as an alternative to the authors’ widely used separate texts on corporate and partnership tax, the Sixth Edition of this comprehensive casebook continues its tradition of providing an integrated approach to teaching the “fundamentals” of a highly complex subject with clear and engaging explanatory text, skillfully drafted problems, selective discussion of tax policy issues, and a rich mix of original source materials to accompany the Code and regulations. Important highlights of the Sixth Edition include: Coverage of all significant C corporation and partnership developments since the last edition, including the impact of the now permanent higher marginal individual tax rates and the 3.8% net investment income tax; new legislation blocking tax-free spin-offs of REITs; final regulations on § 336(e) elections, Type F reorganizations, noncompensatory options, and partnership allocations where interests change during the year; and new proposed regulations on § 355 corporate divisions, partnership liabilities, § 751(b) disproportionate distributions, and disguised payments for services as applied to investment management fee waivers and similar strategies to convert ordinary income to capital gain. Updated and reorganized discussion of the continuity of proprietary interest doctrine in tax-free reorganizations. Integrated materials related to compensating the service partner in a new and fully updated self-standing chapter. Shorter separate chapters on partnership allocations, allocation of partnership liabilities, income-shifting safeguards, partner-partnership property transactions, liquidating distributions, and partnership terminations and mergers. A new case (Canal Corporation v. Commissioner) illustrating a successful IRS attack on the debt-financed distribution gain deferral strategy. Updated discussion of business enterprise tax policy issues, including a new overview of issues affecting U.S. multinational corporations, the latest prospects and options for comprehensive tax reform, and the ongoing debate on taxing partnership “carried interests.” A completely updated chapter on S corporations, incorporating temporary Code provisions made permanent and final regulations on the basis of indebtedness of S corporations to their shareholders, and expanded coverage of employment tax issues affecting S corporation owners who are active in the business.
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Fundamentals of Partnership Taxation: Cases and Materials
Stephen Schwarz, Daniel J. Lathrope, and Brant J. Hellwig
The Tenth Edition of this widely used casebook continues its long tradition of teaching the "fundamentals" of a highly complex subject with clear and engaging explanatory text, skillfully drafted problems, and a rich mix of original source materials to accompany the Code and regulations. Important highlights of the Tenth Edition include: Coverage of all significant developments since the last edition, including the impact on choice of business entity of the now permanent higher marginal individual tax rates and the 3.8% tax on net investment income tax; final regulations on noncompensatory options and partnership allocations where interests change during the year; and new proposed regulations on partnership liabilities, § 751(b) disproportionate distributions, and disguised payments for services as applied to investment management fee waivers and similar strategies to convert ordinary income to capital gain. Reorganized and integrated materials related to compensating the service partner in a new and fully updated self-standing chapter. Shorter separate chapters on partnership allocations, allocation of partnership liabilities, income-shifting safeguards, partner-partnership property transactions, liquidating distributions, and partnership terminations and mergers. Updated discussion of tax policy issues affecting partnerships, including prospects and options for business tax reform and the continuing debate on taxing "carried interests." A new case (Canal Corporation v. Commissioner) illustrating a successful IRS attack on the debt-financed distribution gain deferral strategy. S corporation developments, including temporary Code provisions made permanent; final regulations on the basis of indebtedness of S corporations to their shareholders; and expanded coverage of employment tax issues affecting S corporation owners who are active in the business.
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Recognition and Enforcement of Foreign Judgments
Linda J. Silberman and Franco Ferrari
This Research Collection offers a 24-article tour of the topics surrounding the recognition and enforcement of foreign judgments. Edited by two leading experts in the field, the collection explores different approaches to, and comparative perspectives of, judgment recognition and enforcement. Topics covered include the special issues of the revenue rule and the role of public law, the effects of fraud, the scope of preclusion, and the impact of class actions. The collection also looks to the future, considering possible solutions to harmonizing recognition and enforcement and assessing how the development of human rights may impact judgement recognition and enforcement. Prefaced by an original and informative introduction by the editors, this collection is an essential resource for those studying, researching or practicing in this area.
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Civil Procedure: Theory and Practice
Linda J. Silberman, Allan R. Stein, and Tobias Barrington Wolff
The Fifth Edition introduces Daimler AG v. Bauman, the Supreme Court’s paradigm-shifting decision on general jurisdiction, and Chapter 2 is substantially revised and reorganized to accommodate the impact of Daimler, which is now the principal case in the general jurisdiction section. The notes that follow highlight and explore some of the important questions in the aftermath of that decision. Chapter 3 has been trimmed to some extent and some details of the diversity jurisdiction are now explained in text rather than through principal cases. Throughout both chapters, we build on the robust treatment of doctrine and theory that has always been the book’s organizing principle. Chapter 5 introduces a new principal case for Rule 11, Christian v. Mattel, Inc., which offers a more recent and factually rich dispute for examination of that provision. The Fifth Edition also include substantial updates to class action doctrine in Chapter 8, foregrounding Wal-Mart Stores v. Dukes and exploring developments in the standards for class certification in the aftermath of that major ruling while restructuring and streamlining the chapter to make room for the new materials. Chapter 10 presents AT&T Mobility v. Concepcion as a principal case and explores recent developments in the Court’s interpretation of the Federal Arbitration Act including a substantial treatment of American Express v. Italian Colors. And the Fifth Edition continues to provide an up-to-date comparative and international perspective in discrete, concise sections that adopters can assign or not as befits their approach to the course.
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One Another's Equals: The Basis of Human Equality
Jeremy Waldron
An enduring theme of Western philosophy is that we are all one another's equals. Yet the principle of basic equality is woefully under-explored in modern moral and political philosophy. In a major new work, Jeremy Waldron attempts to remedy that shortfall with a subtle and multifaceted account of the basis for the West's commitment to human equality. What does it mean to say we are all one another's equals? Is this supposed to distinguish humans from other animals? What is human equality based on? Is it a religious idea, or a matter of human rights? Is there some essential feature that all human beings have in common? Waldron argues that there is no single characteristic that serves as the basis of equality. He says the case for moral equality rests on four capacities that all humans have the potential to possess in some degree: reason, autonomy, moral agency, and ability to love. But how should we regard the differences that people display on these various dimensions? And what are we to say about those who suffer from profound disability--people whose claim to humanity seems to outstrip any particular capacities they have along these lines? Waldron, who has worked on the nature of equality for many years, confronts these questions and others fully and unflinchingly. Based on the Gifford Lectures he delivered at the University of Edinburgh in 2015, One Another's Equals takes Waldron's thinking further and deeper than ever before.
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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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Trademarks, Unfair Competition, and Business Torts
Barton C. Beebe, Thomas F. Cotter, Mark A. Lemley, Peter S. Menell, and Robert P. Merges
Incorporating seminal and cutting-edge cases and materials, this stellar author team delivers broad coverage of trademarks, unfair competition, and business torts that includes detailed attention to the role of technology, along with practice problems that encourage students to think like practitioners. Ideal for courses on Trademark Law, Unfair Competition, or Business Torts, this casebook features: a broad examination of current trademark and unfair competition law; outstanding coverage of false advertising law; extensive treatment of the “hot news” doctrine (misappropriation), including the most recent cases; a thoughtful survey of business torts, including cases that address tortious interference, trade libel, and related torts such as RICO; dynamic pedagogy that spans cutting-edge cases and materials, notes, questions, and hands-on practice problems.
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Cases and Materials on Torts
Richard A. Epstein and Catherine M. Sharkey
This top tier casebook integrates modern scholarship with historical background to provide a sense of the development of tort law. The thoughtful presentation engages students by examining different intellectual approaches used to interpret law. The 11th edition of Cases and Materials on Torts carries many successful features from earlier editions, including extensive historical materials on the evolution of tort law, an expanded treatment of public nuisance law, recent developments in products liability law, expansion of the materials on various types of injuries in damage cases, and heavier emphasis on web-based communications under the law of defamation and privacy. Key Features: updated two-color design; new Restatement boxes that highlight the law for easy reference; condensation of basic material, including a combination of the insurance contract and no fault insurance issues into a single chapter; Introduction of new visual materials in each chapter, including pictures charts, cartoons, and biographical sketches of key figures in tort law, as an assist to the case and other materials.
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Labor Law
Samuel Estreicher and Matthew T. Bodie
Appreciating the challenges the system faces in an era of declining unionization rates in private firms and rising competitive forces in labor markets, this one-volume, concise treatise gives students an appreciation of the analytical structure of the law that governs how employees can form workplace organizations and bargain over the terms and conditions of employment. New forms of labor organizing, such as the corporate campaign, card check/neutrality agreements, and worker centers are highlighted. The book is designed to complement leading labor law case books, including discussion of principal decisions featured in those texts, as well as providing both a policy and practical context for what remains a dynamic area of law and social justice
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Cases and Materials on Employment Discrimination and Employment Law: The Field as Practiced
Samuel Estreicher, Michael C. Harper, and Elizabeth C. Tippett
This text is the fifth edition of a work that grew out of our initial text, Cases and Materials on the Law Governing the Employment Relationship. We are also publishing this year a new edition of our shorter texts on employment discrimination law, and employment law respectively. The book captures the breadth of expertise demanded of practitioners in our field. While employment lawyers can and do specialize, a working knowledge of the field is as critical for defense lawyers counseling an employer as it is for plaintiff’s lawyers evaluating a case. An employer inquiring about an employee discipline issue may implicate discrimination and retaliation-related liability. A plaintiff complaining about discriminatory treatment may have a weak Title VII claim but an excellent wage and hour claim. Students exposed to the breadth of the field are best positioned to issue spot from a complex fact pattern, and educate their future clients about available options. The book also provides considerable flexibility for instructors planning to sample from many different topics, emphasize topics reflecting their area of specialty, or focus on issues most heavily litigated in their jurisdiction. The book also supports intensive courses and courses that extend across multiple semesters. The teaching website accompanying the firth edition offers several options for tailoring the course to suit your needs. The notes and questions that follow the principal reading are organized into two categories: “Test Your Understanding of the Material” and “Related Issues.” The former encourage students to gain a basic understanding of the material on their own, liberating instructors to spend more class time on rule applications and advanced topics. The “Related Issues” notes explain important points of law not covered in the principle cases and explore policy questions and debates. The note material is intended primarily as a teaching tool rather than as a vehicle for expressing our particular viewpoints. In this text, as well as in earlier editions, we have not tried to reach complete consensus concerning the wording and the balance of each of our notes. We also hope to entice students to join this exciting area of practice through the “Practitioner Perspectives” interspersed through the book. Each one provides a glimpse into the day-to-day practice of leading practitioners in our field, and their area of sub-specialization.
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Cases and Materials on Employment Law: The Field as Practiced
Samuel Estreicher, Michael C. Harper, and Elizabeth C. Tippett
Coauthored by two reporters from the recently released Restatement on Employment Law and Professor Tippett from the University of Oregon, this casebook covers topics of critical interest to future practitioners. It introduces the concept of employment-at-will, and contractual and tort-based exceptions. It provides an overview of employment discrimination law. This casebook also includes a major chapter on wage and hour law, as well as chapters on workplace injuries and employee benefits. A chapter on privacy reflects recent legislative initiatives at the state level and an analysis of electronic intrusions by the employer. Interspersed throughout are excerpts from the Restatement of Employment Law and “Practitioner Perspectives,” in which leading practitioners describe their day-to-day work and area of specialization. Cases are accompanied by notes that test a student’s basic understanding of the material (labeled “Test Your Understanding of the Material”), as well as informative notes providing context.
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Beyond Elite Law: Access to Civil Justice in America
Samuel Estreicher and Joy Radice
Are Americans making under $50,000 a year compelled to navigate the legal system on their own, or do they simply give up because they cannot afford lawyers? We know anecdotally that Americans of median or lower income generally do without legal representation or resort to a sector of the legal profession that - because of the sheer volume of claims, inadequate training, and other causes - provides deficient representation and advice. This book poses the question: can we - at the current level of resources, both public and private - better address the legal needs of all Americans? Leading judges, researchers, and activists discuss the role of technology, pro bono services, bar association resources, affordable solo and small firm fees, public service internships, and law student and nonlawyer representation. Offers a systematic analysis of the lack of legal representation for middle- and low-income Americans. The literature review provides essential context for students, researchers, and practitioners. Describes current reforms and outlines a realistic agenda for access to justice challenges.
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