Faculty Books & Edited Works

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  Forum Shopping in the International Commercial Arbitration Context

  Franco Ferrari

  For many, "forum shopping" is a term with disparaging connotations, indicating something "evil." That is why various policies against forum shopping exist, both on a domestic and an international level. As for the reasons adduced in justification of this anti-forum shopping stance, they include the assertion that forum shopping goes against the principle of consistency of outcomes, that it overburdens certain courts and creates unnecessary expenses. May a litigant pursue the most favorable - rather than the simplest or closest - forum? To what extent is forum shopping relevant in the international commercial arbitration context? The contributions in this book, written by renowned authors, provide answers to these questions and more.

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  The Design of Competition Law Institutions: Global Norms, Local Choices

  Eleanor M. Fox and Michael J. Trebilcock

  Competition (or antitrust) law is national law. More than 120 jurisdictions have adopted their own competition law. Is there a need for convergence of the competition law systems of the world? Much effort has been devoted to nudging substantive law convergence in the absence of an international law of competition. But it is widely acknowledged that institutions play as great a role as substantive principles in the harmonious—or dissonant—application of the law. This book provides an in-depth study of the institutions of antitrust. It does so through a particular inquiry: Do the competition systems of the world embrace substantially the same process norms? Are global norms embedded in the institutional arrangements, however disparate? Delving deeply into their jurisdictions, the chapters illuminate the inner workings of the systems and expose the process norms embedded within. Case studies feature Australia/New Zealand, Canada, Chile, China, Japan, South Africa, the USA, and the European Union, as well as the four leading international institutions involved in competition: the World Trade Organization, the Organization for Economic Cooperation and Development, the United Nations Conference on Trade and Development, and the International Competition Network; and the introductory and synthesizing chapter draws also from the new institutional arrangements of Brazil and India. The book reveals that there are indeed common process norms across the very different systems; thus, this study is a counterpart to studies on convergence of substantive rules. The synthesizing chapter observes an emerging “sympathy of systems” in which global process norms, along with substantive norms, play a critical role.

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  Civil Procedure: Cases and Materials

  Jack H. Friedenthal, Arthur R. Miller, John E. Sexton, and Helen Hershkoff

  The Eleventh Edition of this popular casebook provides a framework for studying both the essential and the cutting-edge issues of civil procedure while incorporating problems that test doctrinal understanding, foster case reading skills, and encourage a sense of litigation strategy. New Supreme Court cases have been integrated that impact personal jurisdiction (McIntyre, Goodyear), subject-matter jurisdiction (Grable, Gunn), pleading (Twombly, Iqbal), joinder (Pimentel), class actions (Dukes), and other important topics, including statutory changes such as the Jurisdiction Clarification Act. The casebook covers all of the major topics that a professor might wish to teach in a first-year course, and can easily be adapted for courses of one- or two-semesters, of different credit hours, and with varied practical or theoretical emphases. A supplement includes all updated Federal Rules, the pleadings in Twombly and Iqbal, a model case file, state materials, and other important teaching tools.

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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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  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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  Socializing States: Promoting Human Rights Through International Law

  Ryan Goodman and Derek Jinks

  The role of international law in global politics is as poorly understood as it is important. But how can the international legal regime encourage states to respect human rights? Given that international law lacks a centralized enforcement mechanism, it is not obvious how this law matters at all, and how it might change the behavior or preferences of state actors. In Socializing States, Ryan Goodman and Derek Jinks contend that what is needed is a greater emphasis on the mechanisms of law's social influence--and the micro-processes that drive each mechanism. Such an emphasis would make clearer the micro-foundations of international law. This book argues for a greater specification and a more comprehensive inventory of how international law influences relevant actors to improve human rights conditions. Substantial empirical evidence suggests three conceptually distinct mechanisms whereby states and institutions might influence the behavior of other states: material inducement, persuasion, and what Goodman and Jinks call acculturation. The latter includes social and cognitive forces such as mimicry, status maximization, prestige, and identification. The book argues that (1) acculturation is a conceptually distinct, empirically documented social process through which state behavior is influenced; and (2) acculturation-based approaches might occasion a rethinking of fundamental regime design problems in human rights law. This exercise not only allows for reexamination of policy debates in human rights law; it also provides a conceptual framework for assessing the costs and benefits of various design principles. While acculturation is not necessarily the most important or most desirable approach to promoting human rights, a better understanding of all three mechanisms is a necessary first step in the development of an integrated theory of international law's influence. Socializing States provides the critical framework to improve our understanding of how norms operate in international society, and thereby improve the capacity of global and domestic institutions to build cultures of human rights.

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  Federal Income Taxation: Principles and Policies

  Michael J. Graetz and Deborah H. Schenk

  This whole book is but a draught—nay, but the draught of a draught. Oh, Time, Strength, Cash and Patience!—Herman Melville, Moby Dick, Ch.32. March 1, 2013, the day this edition of the coursebook went to the printers marked the 100th anniversary of the effective date of the U.S. income tax. The first income tax act was signed by President Wilson on October 3, 1913, as part of the Underwood-Simmons Tariff Act, and was made retroactive. Congress has enacted tax legislation every year since then—sometimes one act and sometimes dozens of pieces of legislation in a single year. The Congress, the courts, and the Internal Revenue Service all collaborate to ensure that any book designed for teaching a basic course in Federal Income Taxation will never be more than a draft of a draft. Today, no area of law seems more susceptible to change than federal taxation. Consider the following: The first income tax act was fifteen pages and contained only a few provisions. “The Code” came into existence in 1939 when Congress codified previous acts. The Code currently contains more than 1800 provisions affecting individuals and businesses. As of March 2013, the Code numbered around 5240 pages, making it more than four times longer than War and Peace and considerably harder to parse. The regulations are over 15,000 pages long. During calendar year 2012, the Treasury and IRS published 43 Treasury Decisions (containing final and temporary regulations), 43 sets of proposed regulations, 33 Revenue Rulings, 49 Revenue Procedures, 78 Notices, 49 Announcements, over 2700 Private Letter Rulings and Technical Advice Memoranda, 3 Actions on Decisions, and a partridge in a pear tree. The first income tax form was released in 1914 and it was three pages with a single page of instructions. For 2012 an individual filing the income tax Form 1040 could file a return with 77 lines, with 12 additional schedules. The schedules refer you to 31 additional worksheets. The instructions to the Form 1040 filled 108 pages of rather small type. In addition to Form 1040, there are many additional forms that can be used by individuals, ranging from commonly used forms (e.g. Form 8283 for noncash charitable contributions) to the truly arcane (Form T for Forest Activities Schedule) and another 214 pages of instructions. Meanwhile, the courts have decided over 40,000 tax cases. In 2012 alone, several hundred tax bills were introduced in Congress. Most of them go nowhere, but since 2000, Congress has passed more than 25 major tax acts and dozens of pieces of legislation that amended the Internal Revenue Code in some way, not counting legislation affecting Social Security, railroad retirement, unemployment compensation, tariffs and customs duties, or the public debt limit. Since the last edition of this casebook was published, there have been significant changes to the Code. In response to the financial crisis in 2008, Congress enacted the Economic Stimulus Act, the Emergency Stabilization Act, and the American Recovery and Reinvestment Tax Act. Throughout 2012, the Internal Revenue Service promulgated a stream of guidance pursuant to the Patient Protections and Affordable Care Act (often known as Obamacare). With the Supreme Court’s decision to uphold the law and the re-election of President Obama, the new taxes associated with this legislation began to take effect in 2013. In the early hours of January 1, 2013, Congress reached an agreement to avoid the so-called “fiscal cliff” when a failure to act would have sharply increased taxes because of the sunsetting of tax cuts that Congress adopted in the previous decade. As this book went to press, Congress continued to debate additional tax measures as well as the possibility of tax reform. Obviously it is impossible—and we think unwise—for a course introducing the income tax to try to instruct students about each of these developments. This book is about the fundamental concepts and forces shaping the income tax, not current events. That is why this edition reflects a remarkable continuity with its ancestor edition, Griswold’s Cases on Federal Taxation. That book, initially published more than sixty-five years ago in 1940, was the first law school coursebook devoted exclusively to federal taxation. It appeared at a time when most of the operative statutory provisions were phrase in general terms and many of the basic concepts of federal taxation had not yet matured. Most law schools taught federal taxation only as part of a course that also covered state and local taxation. Nevertheless, this text retains the same overarching organization that Erwin Griswold first brought to the subject. The subsequent adoption of this structure by most income tax coursebooks is a great tribute to Griswold’s insights into how the subject of federal taxation should be taught. The mass of detail that has been added to the statute and the regulations and the burgeoning case law in the intervening seven decades has required a substantial rethinking of the purposes of an introductory course in federal taxation and, hence, of this coursebook. For one thing, these details have become so voluminous and the changes so frequent that the student must necessarily strive to understand the basic concepts rather than to memorize particular rules. The practice of tax law has become more specialized, and most law schools offer a number of advanced courses in taxation. The student in an introductory course therefore must attain some familiarity not only with the statute, the regulations, and the cases but also with the trends in the tax law, the prospects for change, and the fundamental policy issues that inform such changes. Successful tax layering inevitably will involve responding to new and unforeseeable rules and therefore will demand a basic conceptual understanding of income tax principles and policies. Likewise, the nonspecialist needs to be introduced to these fundamental concepts of income taxation, if only to be able intelligently to recognize and monitor his or her clients’ tax problems. The composition of this book has also been influenced by the increasing use of the tax law as an instrument of social and economic policy. The income tax is not merely a revenue-raising device to finance the goods and services provided by the government. The decisions as to what to tax, and when, increasingly affect the directions, growth, and overall conditions of our economy and the allocation and distribution of resources within our society. For these reasons, this volume devotes substantial attention to the general principles and policies of federal taxation. Thus, cases have been supplemented with excerpts from congressional reports, administrative pronouncements, and commentaries and analyses of tax issues. In addition, there are explanatory notes instructing fundamental concepts of tax law and shorter notes following the principal cases. This edition nevertheless continues to reflect the central pedagogical perspective developed in Erwin Griswold’s original volume, the preface of which stated: “Here is an opportunity, almost unique * * *, to study a complete and self-contained system. Here is an opportunity to come into contact with perhaps our most experienced administrative agency. Here is an opportunity to deal with a statute, not as some excrescence on the common law, but as the law, to trace its growth, to lean how it is given meaning and how that meaning changes. Here is an opportunity to deal with authoritative judicial decisions—or at least, and perhaps more important, to consider how far they are authoritative * * * Here as elsewhere it is understanding and knowledge of the process that is sought.” These opportunities are no less present in this volume than they were in its ancient predecessor. This edition retains the basic chapter organization of its predecessors. The first chapter contains the basic policy and procedural aspects of income taxation. This chapter includes a brief history of taxation in the United States, an introduction to income tax terminology, and a discussion of the roles of Congress, the executive, and the courts. Subsequent chapters explore the topics “What Is Income?,” “Deductions and Credits,” Whose Income Is It?,” “Capital Gains and Losses,” and “When Is It Income?”. Of course, tax problems rarely can be placed into such discrete categories. Hence, there is some overlap of subjects within the chapters. Chapter 7 provides a brief description of the individual minimum tax. Chapter 8 contains and introduction to corporate tax shelters as well as materials on the ethical responsibilities of tax lawyers, thereby providing an appropriate context for their analysis and discussion. The Appendix contains tables of present values. As every teacher of taxation knows, it has become increasingly difficult to teach an introduction to federal taxation in a single semester, even in a 60-hour course. Compromises between breadth of coverage and treating at least some materials in depth are ever more necessary. Most instructors have learned to maintain limited expectations as to what can reasonably be accomplished in the first course and to assume that students with a genuine interest in taxation will take additional courses in the subject. This volume continues the layered approach of the prior editions. By selecting from the materials available here, teachers can decide which aspects of income tax law and policy to emphasize and which to skim or even omit in an introductory course. This volume contains enough material to teach not only a four-hour basic course in federal income taxation, but also an additional three-hour course designed to pursue certain issues in greater detail than is possible in the basic course. This means that the instructor must exercise considerable selectivity in teaching any single course from this book. For example, one of us tends to emphasize Chapters 2 and 3, the first two sections of Chapter 4, the first three sections of Chapter 5, and a brief selection from Chapter 6. Another professor, who taught these materials in a two-semester course, skipped certain aspects of Chapters 2 and 3 and used only the introductory sections of Chapters 4 and 5 in the basic course, with the balance of materials used in the second course. Instructors who wish to cover more ground might consider relying on students to read some of the more straightforward materials without classroom discussion. Designing courses inherently involves personal priorities and choice. The precise materials assigned will depend upon the teacher’s individual choices of where to delve deeply into substantive law and policy issues as well as how to trade off in-depth discussions and general coverage. We have attempted here to provide sufficiently comprehensive, interesting, and flexible material to allow teachers to make a wide variety of successful selections. Federal income taxation is, of course, primarily a statutory course. In addition to this text, the student will need a current edition of the Internal Revenue Code and as well as certain section of the Income Tax Regulations. A number of publishers now produce one volume editions of selected statutory and regulatory provisions that may be used along with this text.

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  Trial Manual for Defense Attorneys in Juvenile Delinquency Cases

  Randy A. Hertz, Martin Guggenheim, and Anthony G. Amsterdam

  Focuses exclusively on juvenile delinquency cases. It updates all of the previous material, covering all relevant case law since 2008 while revising and supplementing the practice pointers to address new developments in the field. This manual is structured to provide guidance to juvenile defenders as they progress through a delinquency case from start to finish. It focuses on each stage of the case in order, starting with the arrest of a client who is currently at the police station and culminating in appeal and post-dispositional proceedings. At each stage, it identifies the options available to defense counsel, warns of potential pitfalls, and offers advice for avoiding or coping with challenges that may arise in the course of the case. In addition, this book offers tips and techniques for pretrial practice, trial work, plea negotiations, and dispositional advocacy in both those States that have exclusively bench in juvenile court and those States that permit juveniles to elect a jury trial. It provides practical advice for interacting with clients, the client's parent(s) or guardian(s), prosecutors, judges, probation officers, and - for those States that use jury trials in juvenile cases - the jurors. Finally, Trial Manual for Defense Attorneys in Juvenile Delinquency Cases provides extensive coverage of the many ways in which the customary practices of criminal defenders should be adjusted to take into consideration the age of a juvenile client and the special aspects of juvenile court practice. It utilizes the latest social science data on the developmental maturity of young people to analyze winning strategies at the pretrial, trial, and dispositional stages of a case, and also to consider the ethical responsibilities of a lawyer for a juvenile client.

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  The Globalization of Cost-Benefit Analysis in Environmental Policy

  Michael A. Livermore and Richard L. Revesz

  In recent years, economic development has brought a host of benefits to people around the globe: freedom from crushing poverty; educational and employment opportunity; and access to consumer goods once largely restricted to a handful of the most advanced economies. But development has downsides as well. The pollution and exploitation of natural resources that accompany industrialization are a harsh reminder that development also brings public health and ecological threats. Climate change is just one of many pressing issues that must be faced as economic growth spreads both prosperity and environmental risk. Balancing human demands for economic development and a clean environment has become an ever more pressing concern in every corner of the modern world. Formal cost-benefit analysis of environmental policy is typically associated with the United States, and to a lesser extent Europe, but there is a growing global movement to spread the practice. This edited volume examines how cost-benefit analysis can help developing and emerging countries confront the next generation of environmental and public health challenges. Case studies by practitioners working at the cutting edge of cost-benefit analysis in the Americas, Africa, Middle East, and Asia are accompanied by chapters from world-leading experts that examine conceptual and institutional issues. As cost-benefit analysis goes global, this book helps light the path toward productive use of this powerful tool.

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  The Governance and Regulation of International Finance

  Geoffrey P. Miller, Fabrizio Cafaggi, Tiago Andreotti, Maciej Borowicz, Agnieszka Janczuk, Eugenia Macchiavello, and Paolo Saguato

  This thought-provoking book adds a new perspective to the analysis of how regulation should respond to the global financial crisis of 2008 - 2009. It focuses on the 'private' as opposed to 'public' aspect of regulation, and highlights the works of the public - private dialectic in regulation and enforcement. The expert authors examine what is perhaps the single most important sector in which public and private regulation and enforcement intersect: the arena of banking and global finance. The detailed analysis of these particular areas of finance thus provides a means for investigating aspects of the important topic of private regulation and enforcement in financial markets. A number of pertinent questions are addressed, including: How does private regulation and enforcement enhance or detract from the legitimacy of the process by which these market segments are managed and controlled? How does private regulation and enforcement manifest independence of action and judgment, as compared with public regulation? How does private regulation and enforcement measure up along dimensions of quality, relative to public regulation? and, finally, What forms of accountability characterize private as opposed to public regulation and enforcement?Illustrating the works of the public - private dialectic in regulation and enforcement, this challenging book will prove a fascinating read for academics, scholars and practitioners with an interest in regulation and governance issues, and in financial and banking law.

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  The Health Care Case: The Supreme Court's Decision and Its Implications

  Nathaniel Persily, Gillian E. Metzger, and Trevor W. Morrison

  The Supreme Court's decision in the Health Care Case, NFIB v. Sebelius, gripped the nation's attention during the spring of 2012. No one could have predicted the strange coalition of justices and arguments that would eventually lead the Court to uphold the Affordable Care Act's principal provisions. The constitutional case against the ACA was originally written off as frivolous, but after oral argument at the Court, many predicted that the unthinkable had now become likely. When the Supreme Court delivered its complicated and fractured decision, it offered new interpretations to four different clauses in the Constitution. This volume gathers together reactions to the decision from an ideologically diverse selection of the nation's leading scholars of constitutional, administrative, and health law. They offer novel insights into the meaning of the health care decision for President Obama, the Roberts Court, and the debate over constitutional interpretation. Features well-respected and ideologically diverse authors, some of whom participated in ACA litigation. Among the first scholarly books to address the healthcare decision, perhaps the most significant decision of the Roberts Court to date, with major implications for constitutional law, the Roberts Court itself, and healthcare.

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  Microeconomics

  Robert S. Pindyck and Daniel L. Rubinfeld

  The contents of this text book cover markets and prices; producers, consumers and competitive markets; market structure and competitive strategy; and information, market failure and the role of government.

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  Resisting Injustice and the Feminist Ethics of Care in the Age of Obama: “Suddenly, . . . All the Truth Was Coming Out”

  David A.J. Richards

  David A. J. Richards's Resisting Injustice and The Feminist Ethics of Care in The Age of Obama: "Suddenly,...All The Truth Was Coming Out" builds on his and Carol Gilligan's The Deepening Darkness to examine the roots of the resistance movements of the 1960s, the political psychology behind contemporary conservatism, and President Obama's present-day appeal as well as the reasons for the reactionary politics against him. Richards begins by laying out the basics of the ethics of care and proposing an alternative basis for ethics: relationality, which is based in convergent findings in infant research, neuroscience, and evolutionary psychology. He critically analyzes patriarchal politics and states that they are rooted in a reactionary psychology that attacks human relationality and ethics. From there, the book examines the 1960s resistance movements and argues that they were fundamentally oriented around challenging patriarchy. Richards asserts that the reactionary politics in America from the 1960s to the present are in service of an American patriarchy threatened by the resistance movements ranging from the 1960s civil rights movements to the present gay rights movement. Reactionary politics intend to marginalize and even reverse the ethical achievements accomplished by resistance movements--creating, in effect, a system of patriarchy hiding in democracy. Richards consequently argues that Obama's appeal is connected to his challenge to this system of patriarchy and will examine both Obama's appeal and the reactions against him in light of the 2012 presidential election. This book positions recent American political development in a broad analysis of the role of patriarchy in human oppression throughout history, and argues that a feminist-based ethics of care is necessary to form a more humane and inclusive democratic politics.

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  The Rise of Gay Rights and the Fall of the British Empire: Liberal Resistance and the Bloomsbury Group

  David A.J. Richards

  This book argues that there is an important connection between ethical resistance to British imperialism and the ethical discovery of gay rights. It examines the roots of liberal resistance in Britain and resistance to patriarchy in the USA, showing the importance of fighting the demands of patriarchal manhood and womanhood to countering imperialism. Advocates of feminism and gay rights are key because they resist the gender binary's role in rationalizing sexism and homophobia. The connection between the rise of gay rights and the fall of empire illuminates questions of the meaning of democracy and universal human rights as shared human values that have appeared since World War II. The book casts doubt on the thesis that arguments for gay rights must be extrinsic to democracy and reflect Western values. To the contrary, gay rights arise from within liberal democracy, and its critics polemically use such opposition to cover and rationalize their own failures of democracy.

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  Gender, National Security and Counter-Terrorism: Human Rights Perspectives

  Margaret L. Satterthwaite and Jayne C. Huckerby

  In the name of fighting terrorism, countries have been invaded; wars have been waged; people have been detained, rendered and tortured; and campaigns for “hearts and minds” have been unleashed. Human rights analyses of the counter-terrorism measures implemented in the aftermath of 11 September 2001 have assumed that men suffer the most--both numerically and in terms of the nature of rights violations endured. This assumption has obscured the ways that women, men, and sexual minorities experience counter-terrorism. By integrating gender into a human rights analysis of counter-terrorism--and human rights into a gendered analysis of counter-terrorism--this volume aims to reverse this trend. Through this variegated human rights lens, the authors in this volume identify the spectrum and nature of rights violations arising in the context of gendered counter-terrorism and national security practices. Introduced with a foreword by Martin Scheinin, former UN Special Rapporteur on Human Rights and Counter-Terrorism, the volume examines a wide range of gendered impacts of counter-terrorism measures that have not been theorized in the leading texts on terrorism, counter-terrorism, national security, and human rights. Gender, National Security and Counter-Terrorism will be of particular interest to scholars and students in the disciplines of Law, Security Studies and Gender Studies.

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  Death and the Afterlife

  Samuel Scheffler, Harry Frankfurt, Seana Shiffrin, Susan Wolf, and Niko Kolodny

  Suppose you knew that, though you yourself would live your life to its natural end, the earth and all its inhabitants would be destroyed thirty days after your death. To what extent would you remain committed to your current projects and plans? Would scientists still search for a cure for cancer? Would couples still want children? In Death and the Afterlife, philosopher Samuel Scheffler poses this thought experiment in order to show that the continued life of the human race after our deaths--the "afterlife" of the title--matters to us to an astonishing and previously neglected degree. Indeed, Scheffler shows that, in certain important respects, the future existence of people who are as yet unborn matters more to us than our own continued existence and the continued existence of those we love. Without the expectation that humanity has a future, many of the things that now matter to us would cease to do so. By contrast, the prospect of our own deaths does little to undermine our confidence in the value of our activities. Despite the terror we may feel when contemplating our deaths, the prospect of humanity's imminent extinction would pose a far greater threat to our ability to lead lives of wholehearted engagement. Scheffler further demonstrates that, although we are not unreasonable to fear death, personal immortality, like the imminent extinction of humanity, would also undermine our confidence in the values we hold dear. His arresting conclusion is that, in order for us to lead value-laden lives, what is necessary is that we ourselves should die and that others should live. Death and the Afterlife concludes with commentary by four distinguished philosophers--Harry Frankfurt, Niko Kolodny, Seana Shiffrin, and Susan Wolf--who discuss Scheffler's ideas with insight and imagination. Scheffler adds a final reply.

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  Baseball as a Road to God: Seeing Beyond the Game

  John E. Sexton, Thomas Oliphant, and Peter J. Schwartz

  For more than a decade, New York University president John Sexton has used baseball to illustrate the elements of spiritual life in a wildly popular course at NYU. Using great works of baseball literature as well as the actual game's fantastic moments, its legendary characters, and its routine rituals - from the long-sought triumph of the 1955 Brooklyn Dodgers to the heroic achievements of players like the saintly Christy Mathewson and the sinful Ty Cobb to the loving intimacy of a game of catch between a father and son - Sexton teaches that through the game we can touch the spiritual dimensions of life. Baseball as a Road to God is about the elements of our lives that lie beyond what can be captured in words alone - ineffable truths that we know by experience rather than by logic or analysis. Applying the inquiry usually reserved for the study of religion to the secular activity of baseball, Sexton reveals a surprising amount of common ground between the game and what we all recognize as religion: sacred places and times, faith and doubt, blessings and curses, and more.

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  Civil Procedure: Theory and Practice

  Linda J. Silberman, Allan R. Stein, and Tobias Barrington Wolff

  Because of the two recent Supreme Court decisions, Goodyear Dunlop Tires Operations, S.A. v. Brown and J. McIntyre Machinery, Ltd. v. Nicastro, Chapter 2 has been restructured. After a basic introduction to the concepts of general and specific jurisdictions, the chapter takes up the Supreme Court’s specific jurisdiction cases chronologically, culminating with McIntyre. We then move to general jurisdiction, discussing Perkins and Helicopteros in note material and use Goodyear as the principal case. We also review changes made in the 2011 Federal Jurisdiction and Venue Clarification Act. This edition integrates the Supreme Court’s decisions in Shady Grove Orthopedic Assocs. v. Allstate Ins. Co., a major ruling of the Rules Enabling Act; Ashcroft v. Iqbal, the latest installment in the Court’s most recent major statement on the requirements of Rule 23 for the certification of class actions. It also restructures and expands the discussion of arbitration in the chapter on ADR to account for major developments in the area of class-wide arbitration. And, responding to feedback from our adopters, we have tightened several chapters and added further social science perspectives throughout.

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  The Regulation of International Trade

  Michael Trebilcock, Robert L. Howse, and Antonia Eliason

  Drawing on a wide variety of classic and contemporary sources, respected authors Trebilcock, Howse and Eliason here provide a critical analysis of the institutions and agreements that have shaped international trade rules. In light of the growing debate over globalization, they include special sections with examinations of topics such as: agriculture; services and Trade-Related Intellectual Property Rights; labour rights; the environment; migration; competition. Drawing on previous highly praised editions, this comprehensive text is an invaluable guide to students of economics, law, politics and international relations. Now fully updated, this fourth edition includes full coverage of new developments including the Doha trade round, the proliferation of Preferential Trade Agreements, the debate on trade, climate change and green energy, the response of the trading system to the 2007--10 financial and economic crisis, the controversy over trade and exchange rate manipulation, and the growing body of WTO dispute resolution case law.

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  Federal Income Taxation

  Joseph Bankman, Daniel N. Shaviro, and Kirk J. Stark

  Integrating theory and policy in an accessible, yet challenging approach, Federal Income Taxation features a tradition of distinguished authorship, reaching back to the original author Boris Bittker, eminent tax scholar from Yale Law. William A. Klein, who retires as of this edition, has a long-established reputation across academia, business and the federal government, and Bankman, Shaviro and Stark represent the best-known of younger tax scholars. A unique introduction lends insight to both the historical background and economic analysis of federal taxation for individuals. Problems interspersed between Notes and Questions help students comprehend the complexity of the material. The Sixteenth Edition expands the highly successful international perspective, comparing tax rules in a variety of countries. A revised discussion of progressivity against the background of current tax rate debates is completely up-to-date. An important new discussion of Mayo Foundation for Medical Education and Research v. United States considers the degree of judicial deference to Treasury regulations, and new material introduces recent codification of the economic substance doctrine. Hallmark features of Federal Income Taxation: problems interspersed between Notes and Questions; esteemed authorship - original author Boris Bittker, eminent tax scholar; William A. Klein (retires as of this edition), distinguished reputation in taxation; Bankman, Shaviro and Stark, among the best-known younger tax scholars - unique introduction with insightful historical background and economic analysis; theory and policy integrated throughout; accessible, yet challenging. Thoroughly updated, the revised Sixteenth Edition presents:xpansion of successful international comparisons to tax rules in other countries; revised and updated discussion of progressivity against the background of current tax rate debates; new discussion of Mayo Foundation for Medical Education and Research v. United States, concerning the degree of judicial deference to Treasury regulations; new material on recent codification of the economic substance doctrine.

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  Securities Regulation: Cases and Analysis

  Stephen J. Choi and A. C. Pritchard

  This casebook offers a clear and concise introduction to the economics of securities markets, which drive regulation of securities, and has 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. These hypotheticals make it easier for the students to follow the material, and are a very useful teaching device. This casebook attempts to make securities regulation easy to teach and understand. It provides role-playing and prospectus-drafting exercises to involve students in learning tedious securities materials (i.e., prospectuses). It contains tables and charts to organize complicated material. The book teaches the rules within the framework of the economics of disclosure. Each chapter starts with a motivating hypothetical to illustrate the various issues. 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 focuses on the Securities Exchange Act of 1934 first, then the 1933 Act.

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  The World Bank Law Review

  Hassane Cissé, Daniel D. Bradlow, and Benedict Kingsbury

  This books focuses on the legal challenges and opportunities for International Financial Institutions in the post-crisis world. It includes contributions from academics, practitioners and Bank staff. The contributions cover a broad array of issues, included governance reform and constitutional framework of IFIs, privileges and immunities, responsibility of international organizations, issues related to fragile and conflict-affected states, climate finance, and the recent financial crisis. The book is organized in three main areas, namely (i) Law of International Organizations: Issues Confronting IFIs; (ii) Legal Obligations and Institutions of Developing Countries: Rethinking Approaches of IFIs; and (iii) International Finance and the Challenges of Regulatory Governance.

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  Governance by Indicators: Global Power through Quantification and Rankings

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

  The use of indicators as a technique of global governance is increasing rapidly. Major examples include the World Bank's Doing Business Indicators, the World Bank's Good Governance and Rule of Law indicators, the Millennium Development Goals, and the indicators produced by Transparency International. Human rights indicators are being developed in the UN and regional and advocacy organizations. The burgeoning production and use of indicators has not, however, been accompanied by systematic comparative study of, or reflection on, the implications, possibilities, and pitfalls of this practice. This book furthers the study of these issues by examining the production and history of indicators, as well as relationships between the producers, users, subjects, and audiences of indicators. It also explores the creation, use, and effects of indicators as forms of knowledge and as mechanisms of making and implementing decisions in global governance. Using insights from case studies, empirical work, and theoretical approaches from several disciplines, the book identifies legal, policy, and normative implications of the production and use of indicators as a tool of global governance.

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  The Worlds of European Constitutionalism

  Gráinne de Búrca and Joseph H. H. Weiler

  The idea of the EU as a constitutional order has recently taken on renewed life, as the Court of Justice declared the primacy of EU law not just over national constitutions but also over the international legal order, including the UN Charter. This book explores the nature and character of EU legal and political authority, and the complex analytical and normative questions which the notion of European constitutionalism raises, both in the EU's internal and its external relations. The book culminates in an interactive epilogue in which the authors' arguments are questioned and challenged by the editor, providing a unique and stimulating approach to the subject. By bringing together leading constitutional theorists of the European Union, this book offers a sharp, challenging and engaging discussion for students and researchers alike. Contains sophisticated analysis of the authority and character of the EU's legal and political order, addressing topical debates of current salience. Includes a novel “dialogic epilogue” in which one of the editors engages all of the contributors in a critical conversation about the key ideas in their chapter. Brings together some of the leading constitutional theorists of the European Union in one collection of five in-depth chapters.

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  A Neofederalist Vision of TRIPS: The Resilience of the International Intellectual Property Regime

  Graeme Dinwoodie and Rochelle C. Dreyfuss

  This book examines the TRIPS Agreement: its interpretation, its impact on the creative environment, and its effect on national and international lawmaking. It propounds a vision of TRIPS as creating a neofederalist regime, one that will ensure the resilience of the international intellectual property system in time of rapid change. In this vision, WTO members retain considerable flexibility to tailor intellectual property law to their national priorities and to experiment with changes necessary to meet new technological and social challenges, but agree to operate within an international framework. This framework, while less powerful than the central administration of a federal government, comprises a series of substantive and procedural commitments that promote the coordination of both the present intellectual property system as well as future international intellectual property lawmaking. Part I demonstrates the centrality of national autonomy throughout the history of international negotiations over intellectual property. Part II analyzes the decisions of the WTO in intellectual property cases, and finds them lacking in many respects. Looking to the future, Part III develops a framework for integrating the increasingly fragmented international system and proposes the recognition of an international intellectual property acquis, a set of longstanding principles that have informed, and should continue to inform intellectual property lawmaking. The acquis would include both express and latent components of the international regime, put access-regarding guarantees such as user rights on a par with proprietary interests and enshrine the fundamental importance of national autonomy in the international system.