Faculty Books & Edited Works

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The World Bank Legal Review

Frank Fariello, Laurence Boisson de Chazournes, and Kevin E. Davis

The newly adopted post-2015 development agenda is centered on 17 sustainable development goals to be reached by 2030. This volume of The World Bank Legal Review looks at how law and justice systems can support the financing and implementation of these goals, not least by promoting the role of rule of law and economic and social rights. The contributors, including legal scholars, development practitioners, and financial experts, analyze the goals, explore ways in which they can be achieved, and examine ways that recent relevant law and justice programs have worked. A wide array of topics are covered, from the legal aspects of collecting and monitoring vital data, to improving legal identity programs, creating innovative health care regulation, promoting legal and judicial reform, providing private sector-financing of public-education projects, and the provision of global public goods. Additionally, a special section on Europe looks at financial crisis management, enforcement of court decisions, and the workings of the European Court of Justice. The opportunities and challenges of the 2030 agenda are many. This volume looks at both from multiple perspectives, demonstrating how sustainable development can go forward in a way in which everyone benefits.
Limits to Party Autonomy in International Commercial Arbitration

Franco Ferrari

Courts and commentators have often stated that in arbitration “party autonomy is everything.” In effect, where the adjudicative power does not rest on party autonomy, there is no arbitration. But the papers published in this book, which were presented at a conference hosted by NYU’s Center for Transnational Litigation, Arbitration and Commercial Law that took place in September 2015, show that while party autonomy may trigger everything, meaning the steps necessary for one to be able to speak of arbitration, it is not itself everything. Party autonomy is limited, as the papers published here clearly show. As soon as the arbitration proceedings are initiated, the parties lose at least part of their autonomy, and the issue arises of who really owns the arbitration proceedings. The further the arbitration proceeds, the more limits party autonomy encounters.
Antitrust in Emerging and Developing Countries: Featuring Africa, Brazil, China, India, Mexico . . .

Harry First, Eleanor M. Fox, Nicolas Charbit, and Elisa Ramundo

On October 23, 2015, Concurrences Journal in partnership with New York University School of Law presented for the second time the conference, “Antitrust in Emerging and Developing Countries.” Five panels of 24 prominent speakers representing 10 jurisdictions, two eminent keynote speakers and a closing conversation with an influential South African jurist explored the economic context and addressed the challenges and developments in competition law and policy in emerging and developing jurisdictions. Recognizing the coming of age of developing countries’ competition law systems, the panelists (academics, enforcers and practicing lawyers) engaged in passionate debates about what this means in law, policy, and on-the ground reality for business, consumers, and the world. The conference underscores the reality that, in this globalized business landscape, rms must have regard to the competition laws of emerging economies, including in particular China, India, Mexico, Brazil and South Africa, whether they are merging, collaborating with competitors, or designing distribution systems. Businesses are facing dedicated enforcers who are trying to make their markets work in the face of challenges posed by public and private power. The conference revealed that the challenges and therefore the responses are not always the same in the developed and developing world. In this book, 20 prominent authors offer 13 contributions that tackle some of the most stimulating topics debated during this one-day event: Susan Ning discusses the enforcement of the Chinese Anti-Monopoly Law against state administrative monopolies; Jonathan Orszag lays out principles to guide governments from developing countries when intervening in the market and in network industries; Kirti Gupta provides an overview of the Indian experience in dealing with issues relating to FRAND patents; Aditya Bhattacharjea and Fiyanshu Sindhwani analyze the antitrust cases concerning pharmaceuticals in India; Thomas K. Cheng discusses the history of the pharmaceutical industry in China and suggests there may be future antitrust issues that the Chinese authorities will have to address; Carlos Mena-Labarthe uses the Mexican experience in enforcing competition law in the pharmaceutical sector to provide guidance to developing countries on how to implement effective competition policy in that sector; George S. Cary, Elaine Ewing and Tara Tavernia relay the concerns of the business community by arguing that the global proliferation of merger control regimes is imposing substantial and often unnecessary costs on businesses; D.M. Davis provides an illuminating discussion of South Africa’s controversial public interest approach to merger review; Samir Gandhi lays out the history of merger control in India and interestingly suggests that it may be have been influenced by India’s industrial policy; J. Mark Gidley and Maxwell J. Hyman intriguingly use insights from institutional economics to argue that one of the indirect benefits from the proliferation of antitrust based on international best practices is the distillation of due process norms in the legal institutions of developing countries, which ultimately leads to a stronger economy; Francis Wang’ombe Kariuki and Simon Roberts discuss the historical growth of the Competition Authority of Kenya and how it has contributed to Kenya’s development goals; Mariana Tavares de Araujo analyzes how Brazil has incorporated international best practices to improve its competition law; and lastly, Timothy T. Hughes, Russell W. Damtoft and Randolph W. Tritell provide an historical overview of the US Federal Trade Commission’s technical assistance program and highlight how it has contributed to the economic development of developing countries. This volume guides readers through some of the most important and cutting-edge issues faced by developing countries in their application of antitrust. The editors would like to give their sincere thanks to the 20 authors for their hours of labor dedicated to this unique collection of articles.
Tort Law and Alternatives: Cases and Materials

Marc A. Franklin, Robert L. Rabin, Michael D. Green, and Mark A. Geistfeld

We continue our practice of sifting through new developments and cases and incorporating them into this new edition. Tort law remains a dynamic area, and we enjoy the challenge of addressing emerging issues and incorporating them into the structure of this text. As in the past, we have added substantial new material, sometimes because it reflects recent developments, but in other instances because we think that the new material offers a better pedagogical approach to understanding the current state of tort law and alternative system. In a number of respects, our revisions reflect the feedback we have received from the many users who have reached out to us. We are grateful to those who have communicated these helpful suggestions to us and welcome future comments. We have added new principal cases, dozens of recent cases and other materials to the notes, while at the same time endeavoring to keep the number of notes manageable. Long-time users will notice that we have condensed and, in some cases, eliminated notes that appeared in the Ninth Edition. Organizationally, we have divided the causation materials into separate chapters on factual causation and proximate cause (scope of liability). We have also reorganized the previous chapter on trespass and nuisance, so that nuisance (private and public) is a stand-alone chapter, and trespass to land and property appears in the chapter on intentional harm. These are some of the highlights of the changes in the new edition. At the same time, we have attempted to integrate these new developments with the landmark cases and doctrinal principles that give torts its distinctive character. We look forward to continue hearing from users with suggestions about how we can best meet their pedagogical goals and needs in the future.
Open Book: The Inside Track to Law School Success

Barry Friedman and John C.P. Goldberg

Open Book: The Inside Track to Law School Success, 2E is a book that every JD and LLM law student needs to read, either before classes start or as they get going in their 1L year. Now in an expanded second edition, the book explains in a clear and easygoing, conversational manner what law professors expect from their students both in classes and exams. The authors, award-winning teachers with a wealth of classroom experience, give students an inside look at law school by explaining how, despite appearances to the contrary, classes connect to exams and exams connect to the practice of law. Open Book introduces them to the basic structure of our legal system and to the distinctive features of legal reasoning. To prepare students for exams, the book explains in clear and careful detail what exams are designed to test. It then devotes a single, clearly written chapter to each step of the process of answering exams. It also contains a wealth of material, both in the book and digitally, on preparing for exams. Finally, and perhaps most importantly, Open Book comes with a free suite of 18 actual law school exams in Civil Procedure, Constitutional Law, Contracts, Criminal Law, Property and Torts, written and administered by law professors. These exams include not only questions, but: (1) annotations from the professors explaining what they were looking for; (2) model answers written by the professors themselves; and (3) actual student answers, with professor comments that explain why certain answers were stronger of weaker. As Open Book explains, there is no better way to prepare for exams than by practicing, and these unique materials will enable students to get the most out of their pre-exam practice.
The Welfare State: A Very Short Introduction

David W. Garland

The programs that make up the welfare state vary from nation to nation and from time to time, and the balance between markets and government, and free enterprise and social protection, is perennially in question. In contemporary political debate the welfare state seems mostly to be viewed as a problem rather than a solution, and welfare programs appear constantly on the defensive. The Welfare State: A Very Short Introduction describes the modern welfare state, explaining its historical and contemporary significance and arguing that far from being “a failure” or “a problem,” welfare states are an essential element of contemporary capitalism, and a vital concomitant of democratic government.
The Welfare State: A Very Short Introduction

David W. Garland

Welfare states vary across nations and change over time. And the balance between markets and government; free enterprise and social protection is perennially in question. But all developed societies have welfare states of one kind or another - they are a fundamental dimension of modern government. And even after decades of free-market criticism and reform, their core institutions have proven resilient and popular. This Very Short Introduction describes the modern welfare state, explaining its historical and contemporary significance and arguing that far from being 'a failure' or 'a problem', welfare states are an essential element of contemporary capitalism, and a vital concomitant of democratic government. In this accessible and entertaining account, David Garland cuts through the fog of misunderstandings to explain in clear and simple terms, what welfare states are, how they work, and why they matter.
Regulation of Lawyers: Statutes and Regulations

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

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

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

Prior edition of Regulation of Lawyers: Statutes and Regulations.
Advanced Introduction to International Sales Law

Clayton P. Gillette

Providing a concise overview of the basic doctrines underlying the UN Convention on Contracts for the International Sale of Goods (CISG), Clayton Gillette explores their ambiguities and thus considers the extent to which uniform international commercial law is possible, as well as appraising the extent to which the doctrines in the UN Convention reflect those that commercial parties would prefer. With its compelling combination of doctrine and theory, this book makes an ideal companion for students and legal scholars alike. Key features include: concise and compact overview of the CISG; includes contemporary developments; provides a theoretical basis for evaluating international sales law; considers perspectives of economic analysis of law.
Sales Law: Domestic and International

Clayton P. Gillette and Steven D. Walt

Authoritative coverage describes and analyzes the law of sales under Article 2 of the Uniform Commercial Code, as well as under the United Nations Convention on Contracts for the International Sale of Goods. Text provides the framework for sales and governing law, contract formation, implied terms, formal requirements, performance, and risk of loss. Also covers remedies, the rights to goods, and documentary sales.
The UN Convention on Contracts for the International Sale of Goods: Theory and Practice

Clayton P. Gillette and Steven D. Walt

Updated and expanded for the second edition, this volume provides attorneys, academics and students with a detailed yet accessible overview of the United Nations Convention on Contracts for the International Sale of Goods (CISG). Adopted by more than eighty nations and governing a significant portion of international sales, the CISG regulates contract formation, performance, risk of loss, conformity to contractual requirements and remedies for breach. This volume explains the CISG doctrines and their ambiguities, and appraises the extent to which the doctrines reduce transaction costs for commercial actors. Its topic-based approach will be ideal for those pursuing academic analysis or subject-specific research.
Global Intelligence Oversight: Governing Security in the Twenty-First Century

Zachary K. Goldman and Samuel J. Rascoff

In a world that is increasingly unstable, intelligence services like the American CIA and the United Kingdom's MI6 exist to deliver security. Whether the challenge involves terrorism, cyber-security, or the renewed specter of great power conflict, intelligence agencies mitigate threats and provide decisional advantage to national leaders. But empowered intelligence services require adequate supervision and oversight, which must be about more than the narrow (if still precarious) task of ensuring the legality of covert operations and surveillance activities. Global Intelligence Oversight is a comparative investigation of how democratic countries can govern their intelligence services so that they are effective, but operate within frameworks that are acceptable to their people in an interconnected world. The book demonstrates how the institutions that oversee intelligence agencies participate in the protection of national security while safeguarding civil liberties, balancing among competing national interests, and building public trust in inherently secret activities. It does so by analyzing the role of courts and independent oversight bodies as they operate in countries with robust constitutional frameworks and powerful intelligence services. The book also illuminates a new transnational oversight dynamic that is shaping and constraining security services in new ways. It describes how global technology companies and litigation in transnational forums constitute a new form of oversight whose contours are still undefined. As rapid changes in technology bring the world closer together, these forces will complement their more traditional counterparts in ensuring that intelligence activities remain effective, legitimate, and sustainable. Global Intelligence Oversight Identifies new dynamics shaping the oversight of intelligence agencies; describes the main elements of the intelligence oversight system in select Western Democracies; offers new ways to think about both the purposes of oversight and the institutions involved in it; provides detailed analyses of key oversight institutions, especially the courts; focuses on the strengths and weaknesses of various institutions involved in the oversight of intelligence agencies.
The Law of Democracy: Legal Structure of the Political Process

Samuel Issacharoff, Pamela S. Karlan, Richard H. Pildes, and Nathaniel Persily

This book created the field of the law of democracy, offering a systematic account of the legal construction of American democracy. This edition is the most significant revision in a decade. With the addition of Nathaniel Persily, the book now turns to a changed legal environment following such blockbuster Supreme Court decisions as Citizens United and Shelby County. This edition streamlines the coverage of the Voting Rights Act, expands the scope of coverage of campaign finance and political corruption issues, and turns to the new dispute over voter access to the ballot. The basic structure of the book continues to follow the historical development of the individual right to vote; current struggles over gerrymandering; the relationship of the state to political parties; the constitutional and policy issues surrounding campaign-finance reform; and the tension between majority rule and fair representation of minorities in democratic bodies.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.