Faculty Books & Edited Works

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  International Sales Law--CISG in a Nutshell

  Franco Ferrari and Marco Torsello

  Knowing about the United Nations Convention on Contracts for the International Sale of Goods (CISG) means to know about the law relating to international import/export contracts applicable to more than of world trade. This book provides a valuable guide to the understanding of both the fundamentals of that law and how it is interpreted in various countries, thus making it a helpful tool not only for students but also for practitioners.

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  Free Enterprise and Economic Organization: Antitrust

  John J. Flynn, Harry First, and Darren Bush

  This classic casebook provides students and novice antitrust teachers the tools to deal with modern antitrust law and policy, including basic economic terms and concepts. For the advanced scholar, the casebook draws upon a rich set of cases, guidelines, scholarly commentary, briefs, and newspaper articles to motivate discussion of how policy goals are implemented by judges, practicing lawyers, and government policy makers. The book commences with foundational material spanning across antitrust claims, then proceeds to detail modern and classic approaches primarily to Sections 1 and 2 of the Sherman Act and Section 7 of the Clayton Act. The casebook concludes with important immunities and defenses. The update streamlines much of the case discussion to focus more on modern approaches, and eliminates chapters that are typically only taught in an advanced antitrust course.

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  Governing Knowledge Commons

  Brett M. Frischmann, Michael J. Madison, and Katherine J. Strandburg

  Knowledge commons are the subject of enormous recent interest and enthusiasm with respect to policy making about innovation, creative production, and intellectual property. Taking that enthusiasm as its starting point, this book argues that policy making should be based on evidence and on deeper understanding of what makes commons institutions tick. Scholars of the natural environment have developed successful methods for studying commons arrangements systematically and in detail. The book borrows from them and proposes a framework for studying knowledge commons that is adapted to the unique attributes of knowledge and information. It describes the framework in detail and explains how to put it into practice, with contributed chapters that put the framework into context both with respect to commons research in general and with respect to innovation and information policy broadly. The book includes eleven detailed case studies that explore knowledge commons across a wide variety of scientific and cultural domains, including applications in contemporary medical research, astronomy, open source computer software, news reporting, development of military equipment, the origins of aircraft design, user entrepreneurship, and the emerging cultural phenomenon known as roller derby.

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  The Microsoft Antitrust Cases: Competition Policy for the Twenty-first Century

  Andrew I. Gavil and Harry First

  A comprehensive account of the decades-long, multiple antitrust actions against Microsoft and an assessment of the effectiveness of antitrust law in the digital age. For more than two decades, the U.S. Department of Justice, various states, the European Commission, and many private litigants pursued antitrust actions against the tech giant Microsoft. In investigating and prosecuting Microsoft, federal and state prosecutors were playing their traditional role of reining in a corporate power intent on eliminating competition. Seen from another perspective, however, the government's prosecution of Microsoft—in which it deployed the century-old Sherman Antitrust Act in the volatile and evolving global business environment of the digital era—was unprecedented. In this book, two experts on competition policy offer a comprehensive account of the multiple antitrust actions against Microsoft—from beginning to end—and an assessment of the effectiveness of antitrust law in the twenty-first century. Gavil and First describe in detail the cases that the Department of Justice and the states initiated in 1998, accusing Microsoft of obstructing browser competition and perpetuating its Windows monopoly. They cover the private litigation that followed, and the European Commission cases decided in 2004 and 2009. They also consider broader issues of competition policy in the age of globalization, addressing the adequacy of today's antitrust laws, their enforcement by multiple parties around the world, and the difficulty of obtaining effective remedies—all lessons learned from the Microsoft cases.

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  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).

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  Regulation of Lawyers: Statutes and Regulations

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

  Prior edition of Regulation of Lawyers: Statutes and Regulations.

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  The UN Convention on Contracts for the International Sale of Goods: Practice and Theory

  Clayton P. Gillette and Steven D. Walt

  This significant one-volume treatise explains and comments on the United Nations Convention on Contracts for the International Sale of Goods (CISG), the major international treaty regulating the sale of goods among businesses located in different nations. The treatise contains both a detailed analysis and description of the CISG's provisions and the growing case law in both the United States and internationally. It also compares and contrasts the CISG and the Uniform Commercial Code's treatment of important issues relevant to the sale of goods contracts and discusses the existing commentary and other literature on the CISG. The volume will be of assistance to commercial litigators and transactional counsel, as well as to teachers and students of international commercial law. Topics covered include the history and scope of the CISG, contract formation rules, implied terms, buyer and seller obligations, standards of breach, risk of loss, treatment of standard terms, exemption from performance and remedies. Features: • Contracts • UCC Article 2 • Commercial Law • International Law • International Trade • Foreign Law & Legal Sources, Sales • Sale of Goods • ICC • INCOTERMS • Cross-Border Sales • Cross-Border Trade • Uniform Commercial Code Article 2 • UNIDROIT • UNCITRAL • Civil Code The eBook version of this title features links to Lexis Advance for further legal research options.

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  Maimonides: Life and Thought

  Moshe Halbertal and Joel Linsider

  Maimonides was the greatest Jewish philosopher and legal scholar of the medieval period, a towering figure who has had a profound and lasting influence on Jewish law, philosophy, and religious consciousness. This book provides a comprehensive and accessible introduction to his life and work, revealing how his philosophical sensibility and outlook informed his interpretation of Jewish tradition. Moshe Halbertal vividly describes Maimonides’s childhood in Muslim Spain, his family’s flight to North Africa to escape persecution, and their eventual resettling in Egypt. He draws on Maimonides’s letters and the testimonies of his contemporaries, both Muslims and Jews, to offer new insights into his personality and the circumstances that shaped his thinking. Halbertal then turns to Maimonides’s legal and philosophical work, analyzing his three great books—Commentary on the Mishnah, the Mishneh Torah, and the Guide of the Perplexed. He discusses Maimonides’s battle against all attempts to personify God, his conviction that God’s presence in the world is mediated through the natural order rather than through miracles, and his locating of philosophy and science at the summit of the religious life of Torah. Halbertal examines Maimonides’s philosophical positions on fundamental questions such as the nature and limits of religious language, creation and nature, prophecy, providence, the problem of evil, and the meaning of the commandments. A stunning achievement, Maimonides offers an unparalleled look at the life and thought of this important Jewish philosopher, scholar, and theologian.

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  Leo Strauss: Man of Peace

  Robert L. Howse

  Leo Strauss is known to many people as a thinker of the right, who inspired hawkish views on national security and perhaps even advocated war without limits. Moving beyond gossip and innuendo about Strauss's followers and the Bush administration, this book provides the first comprehensive analysis of Strauss's writings on political violence, considering also what he taught in the classroom on this subject. In stark contrast to popular perception, Strauss emerges as a man of peace, favorably disposed to international law and skeptical of imperialism – a critic of radical ideologies (right and left) who warns of the dangers to free thought and civil society when philosophers and intellectuals ally themselves with movements that advocate violence. Robert Howse provides new readings of Strauss's confrontation with fascist/Nazi jurist Carl Schmitt, his debate with Alexandre Kojève about philosophy and tyranny, and his works on Machiavelli and Thucydides and examines Strauss's lectures on Kant's Perpetual Peace and Grotius's Rights of War and Peace. First book on Leo Strauss to extensively consider his lectures and seminars in addition to his published works. The only non-polemical book-length treatment of Strauss's controversial statements about war, imperialism, justice and power in international relations, taking a point of view that is neither Straussian nor anti-Straussian. Explains the complexity of Strauss's ideas through a unique interpretation of his own intellectual and spiritual journey, beginning from the awkward position of an intellectually conservative Jew in the Weimar Republic.

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  The Law of Governance, Risk Management, and Compliance

  Geoffrey P. Miller

  The first casebook on the law of governance, risk management, and compliance. Author Geoffrey P. Miller, a highly respected professor of corporate and financial law, also 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. Features: addresses issues of enormous and growing importance that are not covered by other law school casebooks; presents numerous cutting edge issues in a rapidly growing body of law and practice; covers a subject matter that is a major employment opportunity for law school graduates; professors who adopt this book participate in a new and burgeoning field of academic study and legal practice; covers general issues as well as specific fields of compliance and risk management; includes two sets of case studies--one on cases where compliance programs broke down (e.g., Enron, WorldComm, and JP Global), and one on cases where risk management broke down (e.g., UBS and the financial crisis, and JPMorgan Chase and the London whale); features fewer cases and a higher ratio of author-written text and materials drawn from regulatory publications than in typical law school casebooks; authored by a professor who is also an independent director of a financial institution.

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  What Makes Law: An Introduction to the Philosophy of Law

  Liam B. Murphy

  This book offers an advanced introduction to central questions in legal philosophy. What factors determine the content of the law in force? What makes a normative system a legal system? How does law beyond the state differ from domestic law? What kind of moral force does law have? These are all questions about the nature of law. The most important existing views are introduced, but the aim is not to survey the existing literature. Rather, this book introduces the subject by stepping back from the fray to sketch the big picture, to show just what is at stake in these old debates. Legal philosophy has become somewhat arid and inward looking. In part this is because the disagreement between the main camps on the important questions is apparently intractable. The main aim of the book is to suggest both a diagnosis and a proper practical response to this situation of intractable disagreement about questions that do matter.

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  Fixing U.S. International Taxation

  Daniel N. Shaviro

  International tax rules, which determine how countries tax cross-border investment, are increasingly important with the rise of globalization, but the modern U.S. rules, even more than those in most other countries, are widely recognized as dysfunctional. The existing debate over how to reform the U.S. tax rules is stuck in a sterile dialectic, in which ostensibly the only permissible choices are worldwide or residence-based taxation of U.S. companies with the allowance of foreign tax credits, versus outright exemption of the companies' foreign source income. In Fixing U.S. International Taxation, Daniel N. Shaviro explains why neither of these solutions addresses the fundamental problem at hand, and he proposes a new reformulation of the existing framework from first principles. He shows that existing international tax policy frameworks are misguided insofar as they treat "double taxation" and "double non-taxation" as the key issues, conflate the distinct questions of what tax rate to impose on foreign source income and how to treat foreign taxes, and use simplistic single-bullet global welfare norms in lieu of a comprehensive analysis. Drawing on tools that are familiar from public economics and trade policy, but that have been under-utilized in the international tax realm, Shaviro offers a better analysis that not only reshapes our understanding of the underlying issues, but might point the way to substantially improving the prevailing rules, both in the U.S. and around the world.

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  International Aspects of U.S. Income Taxation

  John P. Steines Jr.

  Prior edition of International Aspects of U.S. Income Taxation

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  Just Mercy: A Story of Justice and Redemption

  Bryan A. Stevenson

  From one of the most brilliant and influential lawyers of our time comes an unforgettable true story about the redeeming potential of mercy. Bryan Stevenson was a gifted young attorney when he founded the Equal Justice Initiative, a legal practice dedicated to defending the poor, the wrongly condemned, and those trapped in the furthest reaches of our criminal justice system. One of his first cases was that of Walter McMillian, a young man sentenced to die for a notorious murder he didn't commit. The case drew Stevenson into a tangle of conspiracy, political machination, and legal brinksmanship - and transformed his understanding of mercy and justice forever.

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  International Human Rights: Successor to International Human Rights in Context: Law, Politics and Morals: Text and Materials

  Philip G. Alston and Ryan Goodman

  The definitive work in the field, International Human Rights provides a comprehensive analysis of this wide and diverse subject area. Written by world-renowned scholars Philip Alston and Ryan Goodman, this book is the successor to the widely acclaimed International Human Rights in Context. Alston and Goodman have chosen a wide selection of materials from primary and secondary sources--legislation, case law, and academic writings--in order to demonstrate and illuminate key themes. They carefully guide students through each extract with thoughtful and lucid commentary. Questions are posed throughout the book in order to encourage deeper reflection and critical enquiry. A Companion Website features additional resources, including the first three chapters of the book, available for download.

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  Municipal Debt Finance Law: Theory and Practice

  Robert S. Amdursky, Clayton P. Gillette, and G. Allen Bass

  Municipal Debt Finance Law: Theory and Practice, Second Edition describes the law related to municipal debt finance and indicates the requirements that municipalities and states must satisfy in order to issue debt, the limitations on the amounts and kinds of debt that municipalities and states can issue, the rights of the creditors of municipalities and states, and the role of federal securities laws in regulating the issuance of debt by municipalities and states. Municipal Debt Finance Law: Theory and Practice, Second Edition provides an examination of the legal principles underlying the issuance of debt by states and their political subdivisions. The book provides in-depth analysis of the conditions that must be satisfied prior to issuance of debt; state constitutional restrictions on the issuance of debt, such as the public purpose requirement, the prohibition on lending of credit, and debt limitations; the rights of bondholders; and federal regulation of municipal securities. The world of municipal finance has undergone major transformations in the law regarding the conditions under which states and localities can issue debt, the form of transactions, and the regulation of bonds evidencing those debts. In addition, the fiscal environment surrounding states and their political subdivisions has been dramatically altered by the financial crisis of 2008. Terms that were unknown twenty years ago have become commonplace. More importantly, terms that were known but rarely uttered, such as “municipal bankruptcy,” have now become part of everyday conversation. Municipal Debt Finance Law: Theory and Practice, Second Edition examines all of these issues including a new chapter on municipal bankruptcy. It emphasizes the basic principles and themes that dominate municipal finance. The new edition also covers key issues like the proper scope of liability for disclosure and the applicability of federal securities laws to municipal bonds. Note: Online subscriptions are for three-month periods.

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  Research Handbook on the Economics of Torts

  Jennifer H. Arlen

  This pioneering Handbook contains specially-commissioned chapters on tort law from leading experts in the field. This volume evaluates issues of vital importance to those seeking to understand and reform the tort law and the litigation process, taking a multi-disciplinary approach, including theoretical economic analysis, empirical analysis, socio-economic analysis, and behavioral analysis. Topics discussed include products liability, medical malpractice, causation, proximate cause, joint and several liability, class actions, mass torts, vicarious liability, settlement, damage rules, juries, tort reform, and potential alternatives to the tort system. Scholars, students, legal practitioners, regulators, and judges with an interest in tort law, litigation, damages, and reform will find this seminal Handbook an invaluable addition to their libraries. Focusing on issues of vital importance to those seeking to understand and reform the tort system, this volume takes a multi-disciplinary approach, including theoretical economic analysis, empirical analysis, socio-economic analysis, and behavioral analysis of liability rules and the litigation process. Topics discussed include products liability, medical malpractice, causation, proximate cause, joint and several liability, class actions, mass torts, vicarious liability, settlement, damage rules, juries, tort reform, and potential alternatives to the tort system. Scholars, students, law practitioners, regulators, judges and economists with an interest in tort law, litigation, damages, and reform will find this seminal Handbook an invaluable addition to their libraries.

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  Making Legal History: Essays in Honor of William E. Nelson

  R. B. Berstein and Daniel J. Hulsebosch

  One of the academy’s leading legal historians, William E. Nelson is the Edward Weinfeld Professor of Law at New York University School of Law. For more than four decades, Nelson has produced some of the most original and creative work on American constitutional and legal history. His prize-winning books have blazed new trails for historians with their substantive arguments and the scope and depth of Nelson’s exploration of primary sources. Nelson was the first legal scholar to use early American county court records as sources of legal and social history, and his work (on legal history in England, colonial America, and New York) has been a model for generations of legal historians. This book collects ten essays exemplifying and explaining the process of identifying and interpreting archival sources—the foundation of an array of methods of writing American legal history. The essays presented here span the full range of American history from the colonial era to the 1980s.Each historian has either identified a body of sources not previously explored or devised a new method of interrogating sources already known. The result is a kaleidoscopic examination of the historian’s task and of the research methods and interpretative strategies that characterize the rich, complex field of American constitutional and legal history.

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  Saving the Neighborhood: Racially Restrictive Covenants, Law, and Social Norms

  Richard R. W. Brooks and Carol M. Rose

  Saving the Neighborhood tells the charged, still controversial story of the rise and fall of racially restrictive covenants in America, and offers rare insight into the ways legal and social norms reinforce one another, acting with pernicious efficacy to codify and perpetuate intolerance. The early 1900s saw an unprecedented migration of African Americans leaving the rural South in search of better work and equal citizenship. In reaction, many white communities instituted property agreements—covenants—designed to limit ownership and residency according to race. Restrictive covenants quickly became a powerful legal guarantor of segregation, their authority facing serious challenge only in 1948, when the Supreme Court declared them legally unenforceable in Shelley v. Kraemer. Although the ruling was a shock to courts that had upheld covenants for decades, it failed to end their influence. In this incisive study, Richard Brooks and Carol Rose unpack why. At root, covenants were social signals. Their greatest use lay in reassuring the white residents that they shared the same goal, while sending a warning to would-be minority entrants: keep out. The authors uncover how loosely knit urban and suburban communities, fearing ethnic mixing or even “tipping,” were fair game to a new class of entrepreneurs who catered to their fears while exacerbating the message encoded in covenants: that black residents threatened white property values. Legal racial covenants expressed and bestowed an aura of legitimacy upon the wish of many white neighborhoods to exclude minorities. Sadly for American race relations, their legacy still lingers.

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  The Law of Financial Institutions

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

  Prior edition ofThe Law of Financial Institutions.

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  Civil Litigation in New York

  Oscar G. Chase and Robert A. Barker

  We are very pleased to present the sixth edition of Civil Litigation in New York. We are gratified by the warm reception the casebook has received from students and professors throughout New York and beyond since its first publication almost 30 years ago. Our goal continues to be the provision of a book that is readable, as reasonably thorough as space permits, and as thought-provoking as the many interesting issues raised by modern litigation allow. The sixth edition of Civil Litigation in New York retains the transactional approach used in the first five. The organization of the chapters follows, to the extent feasible, the usual development of an action as experienced by counsel. While this approach gives the student a way of fitting each piece into a cognizable whole, it should not suggest invariability. In our own teaching we ask our students to confront the choices available to the parties at each stage and to analyze the reasons for choosing one path over another. We have again interspersed litigation problems throughout the book designed to encourage the students to read the surrounding material carefully. Often, discussion of a problem will highlight ambiguity in doctrine which purports to be straightforward. Evaluation of competing approaches should call for reference to underlying policy and value assumptions. The student (and teacher) will then be encouraged to think about the values that a procedural system can and should serve. Reflecting the many legal developments in the past six years, as well as our own ambition to improve the book, the new edition include much new material. The chapter on personal jurisdiction has been particularly affected by the close attention the Supreme Court of the United States has recently paid to the area. We found that these cases worked best when folded into the subdivisions of personal jurisdiction doctrine, rather than as a separate treatment of constitutional issues. As with the preparation of any casebook, we faced many difficult decisions of inclusion and exclusion. We hope we have struck the right balance between preservation and dynamism. You will find that important new cases have been added and statutory changes noted, but we have avoided change for change’s sake and have thus retained the cases that make up the “canon” of our subject. . . . Civil litigation in New York is complex and demanding. It calls on such advocacy skills as oral argument, brief writing and cross-examination, but even more does it demand familiarity with the “law” of litigation. The purpose of this book is to help you learn that law in the context in which an advocate must apply it. We hope that you will not only become familiar with the rules of New York practice but that you will develop a sense of how they can be creatively applied. To that end we have included in each chapter litigation problems which are designed to help you put the law into a practical perspective. The problems are based on realistic situations (sometimes on actual cases) and therefore raise the sorts of difficult issues which can arise in the course of any action. Usually, you will find that we have presented the problem prior to the material which bears on it. This will hopefully make the material less abstract and more involving. Many of the problems do not have a single answer which is correct in an absolute sense. As with most legal issues there are various possible solutions, each with its own supporting arguments. Please approach them in that spirit. In keeping with its purposes, the book is organized roughly along the path litigation normally takes, starting with the rules governing the choice of forum. Since there is no route which all lawsuits must follow, and since there are some rules of litigation (e.g., those governing motion practice) which are relevant to several stages of a lawsuit, you should not take the linear organization we have adopted as exemplifying all lawsuits or as an approach you would always follow in practice. Use it, rather, to gain and keep a general sense of litigation as a process with a beginning, middle and clearly defined goal. The variety of paths litigation can take brings us to another point about the study of it. The flexibility of modern civil procedure, including that of New York, allows and therefore requires the lawyer to make frequent tactical choices. Should one make a particular motion? Obtain a provisional remedy? Seek discovery? If so, what kind? How should the pleading be drafted? It is our view that an effective advocate knows what the ethical choices are in every situation and dose his or her best to pick the alternative which will maximize the client’s chances of success. Thus, as you read the cases and problems which follow, we urge you to think about and evaluate the choices that the litigants made.

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  Challenge to China: How Taiwan Abolished Its Version of “Re-Education Through Labor”

  Jerome A. Cohen and Margaret K. Lewis

  Challenge to China: How Taiwan Abolished Its Version of Re-Education Through Labor draws attention to an underappreciated aspect of legal reforms in Taiwan, and asks how Taiwan’s experience might be relevant to its giant neighbor across the Taiwan Strait. This timely book by Jerome A. Cohen, whose groundbreaking work in the 1960s laid a foundation for the expanding field of Chinese law, and Margaret K. Lewis, professor at Seton Hall University School of Law and an expert on Taiwanese and Chinese law, will be valuable to lawyers, judges, and criminal justice professionals, as well as to anyone interested in the development of criminal justice systems. The Chinese leadership has for years claimed that it would soon abolish the infamous labor camps for its police-dominated system of “re-education through labor” (RETL) and stated in late 2013 that it would finally take steps to do so. Until the country’s new leadership finally eliminates RETL and other forms of police-dominated detention, however, unfettered police power is still a reality in Mainland China. Taiwan, however, abolished its own similar system of labor camps for liumang — very loosely translated as “hooligans” — in 2009, standing as a challenge to Mainland China to outlaw, at last, its analogous system. Taiwan’s success in curbing arbitrary police power challenges its neighbor across the strait to follow through on years of false starts on reining in the most egregious exercises of unfettered police power. For source material, the book looks to Taiwan’s conventional laws, rules, and regulations; judicial decisions and other government publications; scholarly writings; newspaper and magazine articles; the authors’ conversations with judges, prosecutors, lawyers, police, and scholars; and visits to government agencies, police stations, and even the institutions for punishing liumang. The book’s crisp, clear presentation makes it accessible to the general reader as well as to China specialists.

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  Federal Standards of Review: Review of District Court Decisions and Agency Actions

  Harry T. Edwards, Linda A. Elliott, and Marin K. Levy

  Decisions of the U.S. courts of appeals invariably are shaped by the applicable standards of review. Most people, if asked what judges do, would say they apply the law to the facts. But there is an important step in between. Appellate courts have to decide what the standard of review is, and that standard more often than not determines the outcome of an appeal. This title masterfully explains the standards controlling appellate review of district court decisions and agency actions. Leading practitioners have described the text as "a superb treatment, clear and comprehensive," of a crucial aspect of every appellate case, which "makes accessible even the most complex doctrines of review." Standards of review are critically important in determining the parameters of appellate review and must be given serious attention by anyone who practices in the federal system. This publication examines the key statues and rules defining federal appellate review of district court decision, including 28 U.S.C. § 2111 and the relevant rules of civil and criminal procedure and evidence. It also focuses on the seminal Supreme Court decisions interpreting and applying the relevant statues, rules and standards, while providing an overview of the directions that various circuits have gone on issues not yet definitively resolved by the Supreme Court. Appellate scrutiny of district court decisions varies greatly depending upon whether the de novo, clearly erroneous, abuse of discretion, or plain error standard of review controls. Likewise, the scrutiny with which administrative agency actions are examined depends upon whether the appellate court is constrained by the arbitrary and capricious, substantial evidence, or Chevron Step Two standards of review or engages in de novo review under Chevron Step One. This book gives definition to these various standards. Part One covers appellate court review of district court decisions and Part Two addresses appellate review of administrative agency actions. This publication will well position practitioners to undertake the critical lawyering task of determining precisely how individual challenges to district court decisions or agency actions will be reviewed in any specific circuit.

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  Land Use Controls: Cases and Materials

  Robert C. Ellickson, Vicki L. Been, Roderick M. Hills, and Christopher Serkin

  Distinguished authorship characterizes Land Use Controls: Cases and Materials. Robert Ellickson is Professor of Law at Yale and author of several books and many law review articles dealing with land development and property. Vicki Been is Professor of Law at NYU and a highly respected scholar and authority on the takings clause, impact fees, and environmental justice. Their interdisciplinary approach weaves historical, social, and economic perspectives through broad legal coverage. Concise but comprehensive treatment of the legal issues in the private and public regulation of land development includes advanced topics such as environmental justice, building codes and subdivision regulations, and the federal role in urban development. A thematic framework illuminates the connections among multiple topics under land law and gives attention to the factual and political context of the cases and aftermath of decisions. Dynamic pedagogy features original introductory text, cases, note, excerpts from law review articles, and visual aids (maps, charts, graphs) throughout. Joining the team for the Fourth Edition are Roderick M. Hills (New York University) and Christopher Serkin (Vanderbilt), whose publications have appeared in many leading law reviews, including the Columbia Law Review and the Harvard Law Review. The Fourth Edition introduces new material on sustainable development as well as a new focus on the mechanics of modern zoning regulations. Post-Kelo eminent domain reform efforts are discussed, and there are expanded comparisons with foreign law. Recent constitutional rulings are covered, including treatments of judicial takings and the Dormant Commerce Clause. Notes are thoroughly updated with recent cases, law review literature, and empirical studies. Thoroughly updated, the revised Fourth Edition presents: two new co-authors - Roderick M. Hill, Professor of Law at New York University School of Law and author of numerous law review articles, focusing on local government law and issues of federalism; Christopher Serkin, Professor of Law at Vanderbilt Law School and author of numerous law review articles, focusing on local governmentsand#44; eminent domain, andthe takings clause -; new material on sustainable development; new focus on the mechanics of modern zoning regulations; Post-Kelo eminent domain reform efforts; expanded comparisons with foreign law; updated notes, with recent cases, law review literature, and empirical studies.

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  Contracts: Cases and Materials

  E. Allan Farnsworth, Carol Sanger, Neil B. Cohen, Richard R. W. Brooks, and Larry T. Garvin

  This casebook traces the development of contract law in the English and American common law traditions. Like earlier editions, the 8th edition features authoritative introductions to major topics, carefully selected cases, and well-tailored notes and problems. The casebook is ecumenical in its outlook, presenting a well-balanced approach to the study of contract law without ever losing sight of the importance of doctrine in all its detail. Cases are situated within a variety of disciplines - history, economics, philosophy, and ethics--and present the law in a variety of settings - commercial, familial, employment, and sports and entertainment. The 8th edition will feel familiar yet fresh to current users and both exciting and comfortable to newcomers to contracts or to this casebook.