Faculty Books & Edited Works

Printing is not supported at the primary Gallery Thumbnail page. Please first navigate to a specific Image before printing.

Switch View to Grid View Slideshow

Securities Regulation: Cases and Analysis

Stephen J. Choi and A. C. Pritchard

This casebook offers a clear and concise introduction to the economics and regulation of securities markets, with a single-minded focus on disclosure and the economics of disclosure. It is concise, easy to read, and student friendly. The chapters are organized around motivating hypotheticals which illustrate the various issues relating to each chapter's topic. These hypotheticals make it easier for the students to follow the material. In addition, they are a useful teaching device allowing students to grapple with issues that they are likely to face as corporate lawyers. The supporting materials for the book also provide role-playing and prospectus-drafting exercises to involve students in learning tedious securities materials (i.e., prospectuses). This casebook attempts to make securities regulation easy to teach and understand. It is shorter and more comprehensible than other casebooks. It is focused on the important principles students will need to understand to be effective corporate lawyers. The book avoids policy debates and instead focuses on understanding the rules as they are. It contains tables and charts to organize complicated material, along with a comprehensive set of PowerPoint slides for presenting the material. This casebook focuses on the Securities Exchange Act of 1934 first, then the 1933 Act. The Sarbanes-Oxley and Dodd Frank Acts are also covered. The Fourth Edition has been updated to reflect changes made by the Jumpstart Our Business Startups Act (JOBS Act), including public company status and private placements. The Fourth Edition also includes significant recent Rule 10b-5 cases, such as Halliburton II, and insider trading cases.
EU Law: Text, Cases, and Materials

Paul Craig and Gráinne de Búrca

Building on its unrivalled reputation as the definitive EU law textbook, this sixth edition continues to provide clear and insightful analysis of all aspects of European Union law. Drawing on their wealth of experience both teaching and writing in this area, Paul Craig and Gráinne de Búrca provide a comprehensive and enhanced account of their classic text. Working closely as an author team for over twenty years, they succeed in bringing together a unique mix of illuminating commentary and well-chosen extracts from a wide range of cases, legislation and academic articles. All chapters have been carefully structured and designed to enhance student learning at all levels, laying the foundations of the subject while building analysis of more complex areas and cutting edge debates. Each chapter opens with a concise overview of the 'central issues', providing valuable context, before drawing together key analysis in a comprehensive chapter conclusion to provide a clear yet complete picture of the subject. The book is accompanied by an Online Resource Centre which includes the following resources: an interactive map of the EU, providing key facts about each member state; an interactive timeline, tracing key dates in the development of the EU; author video discussing the importance of studying EU law; updates to the law post-publication.
Restatement of the Law, Employment Law: As Adopted and Promulgated by the American Law Institute at Washington D.C., May 21, 2014

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

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

Samuel Estreicher and David L. Noll

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

Franco Ferrari and Francesco Ragno

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

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

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

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

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

Stephen Gillers

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

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

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

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

Prior edition of Regulation of Lawyers: Statutes and Regulations.
Cases and Materials on European Union Law

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

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

Martin Guggenheim and Vivek S. Sankaran

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

Michael C. Harper, Samuel Estreicher, and Kati Griffith

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

Brant J. Hellwig and Robert T. Danforth

Understanding Estate and Gift Taxation is new to the LexisNexis Understanding Series. This book is designed primarily for use by law students taking a course on the United States transfer tax system, i.e., a course on the estate, gift, and generation-skipping transfer taxes. The book consists of 26 chapters, each addressing one of the basic topics typically covered in a course on the transfer tax system, for example, the computation of estate, gift, and generation-skipping transfer taxes; the gift tax annual exclusion; the estate and gift tax marital deductions; the estate and gift tax implications of transfers with retained powers or interests; etc. Because the Internal Revenue Code and Treasury Regulations are the primary source materials for the transfer tax system, the book includes numerous excerpts of those provisions. Each chapter also includes summaries of the leading cases and IRS rulings, plus examples of how this area of the law applies to common fact patterns. Understanding Estate and Gift Taxation is designed primarily for law students, but it is also intended to be useful to practitioners, including generalists who need a relatively brief summary of an estate and gift tax topic, beginning lawyers who intend to specialize in estate and gift taxation and estate planning, and experienced lawyers who wish to expand their practices into estate and gift taxation and estate planning. The book similarly would be useful to accountants who practice in these areas.
Federal Habeas Corpus Practice and Procedure

Randy A. Hertz and James S. Liebman

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

Samuel Issacharoff

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

Emma Kaufman

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

Dimitry Kochenov, Gráinne de Búrca, and Andrew Williams

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

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

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

Erin E. Murphy

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

Melissa Murray and Kristin Luker

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

Burt Neuborne

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

Richard L. Revesz

This casebook emphasizes environmental policy, as well as the structure and details of the federal environmental statutes. It focuses students' attention on how tradeoffs between environmental goals and social goals are resolved in different and difficult contexts. The book pays close attention to the political context in which regulation takes place, looking at the impact of federal government, interest groups, and administrative agencies in the regulatory process. It examines current efforts to address climate change and regulate greenhouse gases through existing statutory frameworks. The casebook includes substantial introductions and extensive notes and questions to guide classroom discussion. The book has been updated primarily to underscore the importance of the regulation of greenhouse gases under the Clean Air Act.
Why Love Leads to Justice: Love Across the Boundaries

David A.J. Richards

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

César Rodríguez-Garavito

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