Faculty Books & Edited Works

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Radical Deprivation on Trial: The Impact of Judicial Activism on Socioeconomic Rights in the Global South

César Rodríguez-Garavito and Diana Rodríguez-Franco

This book is an empirical study of contributions by courts in the Global South to comparative constitutionalism. It offers an analytical framework for understanding these constitutional innovations and illustrates them with a qualitative study of the most ambitious case in constitutional adjudication in Latin America over the last decade: the Colombian Constitutional Court's structural injunction affecting the rights of over five million internally displaced people and its implementation process. Although the ruling (known as T25) was handed down in 2004, its monitoring process continues. This book traces the case's evolution from its origin to its effects on policy, politics and public opinion. It also compares the implementation and effects of T25 with those of other rulings on the rights to health, food, housing, and prison overcrowding in Colombia, India and South Africa. The study's insights will be of interest to scholars of comparative constitutionalism in Latin America, Africa and Asia.
International Aspects of U.S. Income Taxation

John P. Steines Jr.

This book addresses international aspects of U.S. tax law—the rules that govern U.S. taxation of U.S. activity by foreign persons and foreign activity by U.S. persons. It is an outgrowth of materials I have prepared for various courses in international taxation offered in the LL.M. program in taxation at New York University School of Law over the last twenty-five years. Though primarily attended by LL.M. students from the United States and numerous foreign countries, J.D. students also enroll in the courses, and there is no reason why the book may not be used with either group of students. The book is informed not only by teaching experience, but also by my experience practicing international tax law. I have tried to cover not only what is academically interesting, but also what is practical and important to tax practitioners in the private and public sectors. International tax draws from many sources and is exceedingly difficult. The book is designed to capture all that a student needs (other than the Internal Revenue Code and Treasury Regulations) to gain a sophisticated understanding of the field. There are many fine primers and treatises on international tax, but the rules are so intricate that students, who rarely have time to read outside sources, learn best by focusing on the primary material. My observation is that it is desirable that students studying international tax have prior or contemporaneous academic or practical exposure to corporate tax and at least passing familiarity with partnership tax. Each section of the book begins with carefully selected reading assignments in the Code and Regulations, followed by introductory “Notes” and then primary and secondary materials (cases, rulings, legislative history, etc.). In order to illustrate the effect of treaties, the reading assignments often include provisions of the U.S. Treasury Model Treaty and the treaty between the United States and the Netherlands, which are reproduced in the Appendix. Most sections conclude with a problem, which may be used as a vehicle for class lecture or discussion, designed to text understanding of the material in as practical a setting as brief hypothetical patterns permit. The Notes provide introductory explanation and probe policy and practical issues raised only peripherally or obscurely by the other assigned reading material. Though principally intended as a teaching resource, the book may also serve as a research and practice tool for practitioners. The Notes, which cite numerous cases, administrative materials, and law review articles, provide overview and analysis of most relevant practice areas and are an entry point to more detailed research. In that sense the Notes function as a concise analytical compendium, with more depth than a primer but not as exhaustive as a treatise. A table of contents follows immediately and a table of authorities and index are at the end of Volume 2. The fourth edition was current through July 1, 2009. The fifth edition, which reflected developments through August 1, 2014, included only Volume 1. This sixth edition updates Volumes 1 and 2 through September 1, 2015. Here are some of the highlights since 2009. On inbound matters, the FATCA regime of requiring foreign financial institutions to register with the U.S. government or face a 30-percent withholding tax on U.S. source receipts has been implemented along with information exchange agreements with over 110 countries. The United States has continued to update treaties around the world (although Senator Paul continues to hold up ratification of several), and in 2015 Treasury proposed significant BEPS-inspired changes to the U.S. Model Treaty. Other important statutory and regulatory developments include repeal of the “80-20” rules (which had relaxed withholding tax on interest and dividends paid by U.S. corporations conducting primarily foreign business), a new source rule treating guarantee payments like interest, and controversial new rules subjecting dividend-equivalent swap payments to withholding tax. Elsewhere, source countries continue pressing to expand the scope of a permanent establishment, particularly in the area of services and activities of subsidiaries and commissioners. The foreign tax credit area has been especially active. The Supreme Court’s unanimous decision in PPL confirmed that creditability issues turn on substance, not form. And several anti-abuse measures were taken: Regulations clamping down on “foreign tax generator” transactions were finalized, and the government has so far had nearly unanimous success, on doctrinal grounds, in generator cases pre-dating the regulations. Congress enacted Sections 909 and 901(m) to combat foreign tax “splitters” and credits for taxes on income that permanently escapes U.S. taxation, and Treasury has pitched in with new “technical taxpayer” regulations. For revenue reasons, Congress once again postponed the choice to adopt worldwide apportionment of interest expense, this time to 2021. Turning to transfer pricing, expansive cost sharing regulations were finalized, but the government lost important cases in Veritas, Xilinx, and Alteras. And the OECD’s BEPS project, discussed below, threatens to make fundamental changes to transfer pricing around the world. Subpart F has been relatively quiet, although Treasure finally issued regulations addressing CFC loans to foreign partnerships; the active finance and look-through rules have been serially extended and the branch rules dealing with foreign base company sales income have been finalized. The PFIC area, too, has been inactive. Regulations under Sections 367 and 956 have been refined in the government’s ongoing effort to combat repatriation schemes (e.g., “Killer B” and “Deadly D” reorganizations). Regulations under Sections 367 and 7874 (and important Notices promising more) continue the government’s war against corporate expatriations (“inversions”), which seem to have slowed in the wake. The confluence of BEPS, inversions, and an enormous accumulation of unrepatriated cash and earnings in U.S. multinational companies’ foreign subsidiaries has inspired much talk of international tax reform, and for the first time in a long time, with the White House sharing at least a conditional willingness with the Republican-controlled Congress to reduce tax on U.S. companies’ foreign earnings, it appears to be more than just talk. There may actually be legislation in the not too distant future. Unquestionably, current fixation on international taxation owes much to the ubiquitous BEPS project, and not introduction of the subject of international taxation could be complete without mentioning BEPS.
The Luxury Economy and Intellectual Property: Critical Reflections

Haochen Sun, Barton C. Beebe, and Madhavi Sunder

Intellectual property law plays a pivotal role in ensuring that luxury goods companies can recoup their investments in the creation and dissemination of their copyrighted works, trademarked logos, and patented designs. In 2011, global sales for luxury goods reached about $250 billion, and consumers in East and Southeast Asia accounted for more than 50 percent of that figure. The rapid expansion of the market has prompted some retailers to wield intellectual property against the influx of imitators and counterfeiters. The Luxury Economy and Intellectual Property comprehensively explores the rise of the luxury goods economy and the growing role of intellectual property in creating, sustaining, and regulating this economy. Leading scholars across various disciplines critically consider the industry, its foundational intellectual property laws, and the public interest and social concerns arising from the intersection of economics and law. Topics covered include defining the concept of luxury, the social life of luxury goods, concerns about distributive justice in a world flooded by luxury goods and knockoffs, the globalization of luxury goods, and the economic, social, and political ramifications of the meteoric rise of the Asian luxury goods market.
Ethical Problems in Federal Tax Practice

Bernard Wolfman, Deborah H. Schenk, and Diane Ring

Ethical Problems in Federal Tax Practice provides clear explanations of the relevant rules and regulations that apply to tax lawyers and organizes the materials by the various functions a lawyer serves: litigator, advisor and counselor. This is the only casebook currently available for law courses on professional responsibility in tax practice. Look for these key features in the new edition: new chapter on international tax practice; effect of technology innovations, e.g., email and social media, on ethical tax practice, including issues such as ethical advertising and solicitation, outsourcing and fee sharing; changes to Circular 230, the document governing practice before the IRS.
Wright and Miller's Federal Practice and Procedure

Charles A. Wright, Arthur R. Miller, and Helen Hershkoff

Comprehensive and authoritative coverage of all aspects of federal civil, criminal and appellate procedure, including rules of civil, criminal, and appellate procedure, rules of evidence, the federal judicial system, jurisdiction of all federal courts, venue, removal of cases, res judicata, relation of state and federal courts, multidistrict litigation, and more. Provides extensive analysis of each rule as interpreted and applied by the federal courts and affected by related statutes and rules. Includes official forms adopted with the rules. Contains numerous tables and couples key words, ideas, and legal concepts to index and cited decisions, statutes, and other relevant materials.
Speak Now: Marriage Equality on Trial, The Story of Hollingsworth v. Perry

Kenji Yoshino

Tells the story of a watershed trial that unfolded over twelve tense days in California in 2010. A trial that legalized same-sex marriage in our most populous state. A trial that interrogated the nature of marriage, the political status of gays and lesbians, the ideal circumstances for raising children, and the ability of direct democracy to protect fundamental rights. A trial that stands as the most potent argument for marriage equality this nation has ever seen. In telling the story of Hollingsworth v. Perry, the groundbreaking federal lawsuit against Proposition 8, Kenji Yoshino has also written a paean to the vanishing civil trial--an oasis of rationality in what is often a decidedly uncivil debate.
Lines of Descent: W. E. B. Du Bois and the Emergence of Identity

Kwame Anthony Appiah

W. E. B. Du Bois never felt so at home as when he was a student at the University of Berlin. But Du Bois was also American to his core, scarred but not crippled by the racial humiliations of his homeland. In Lines of Descent, Kwame Anthony Appiah traces the twin lineages of Du Bois' American experience and German apprenticeship, showing how they shaped the great African-American scholar's ideas of race and social identity. At Harvard, Du Bois studied with such luminaries as William James and George Santayana, scholars whose contributions were largely intellectual. But arriving in Berlin in 1892, Du Bois came under the tutelage of academics who were also public men. The economist Adolf Wagner had been an advisor to Otto von Bismarck. Heinrich von Treitschke, the historian, served in the Reichstag, and the economist Gustav von Schmoller was a member of the Prussian state council. These scholars united the rigorous study of history with political activism and represented a model of real-world engagement that would strongly influence Du Bois in the years to come. With its romantic notions of human brotherhood and self-realization, German culture held a potent allure for Du Bois. Germany, he said, was the first place white people had treated him as an equal. But the prevalence of anti-Semitism allowed Du Bois no illusions that the Kaiserreich was free of racism. His challenge, says Appiah, was to take the best of German intellectual life without its parochialism--to steal the fire without getting burned.
Trademark Law: An Open-Source Casebook

Barton C. Beebe

Prior edition of Trademark Law: An Open-Access Casebook - covers all aspects of American federal trademark law, including the creation, maintenance, and enforcement of trademark rights. The casebook also addresses right of publicity protection, false advertising law, and international aspects of trademark protection.
Trademark Law: An Open-Source Casebook

Barton C. Beebe

Prior edition of Trademark Law: An Open-Access Casebook - covers all aspects of American federal trademark law, including the creation, maintenance, and enforcement of trademark rights. The casebook also addresses right of publicity protection, false advertising law, and international aspects of trademark protection.
Critical Legal Perspectives on Global Governance: Liber Amicorum David M. Trubek

Gráinne de Búrca, Claire Kilpatrick, and Joanne Scott

This book of essays, written in honour of Professor David Trubek, explores many of the themes which he has himself written about, most notably the emergence of a global critical discourse on law and its application to global governance. As law becomes ever more implicated in global governance and as processes related to and driven by globalisation transform legal systems at all levels, it is important that critical traditions in law adapt to the changing legal order and problématique. The book brings together critical scholars from the EU, and North and South America to explore the forms of law that are emerging in the global governance context, the processes and legal roles that have developed, and the critical discourses that have been formed. By looking at critical appraisals of law at the global, regional and national level, the links among them, and the normative implications of critical discourses, the book aims to show the complexity of law in today's world and demonstrate the value of critical legal thought for our understanding of issues of contemporary governance and regulation. Scholars from many countries contribute critical studies of global and regional institutions, explore the governance of labour and development policy in depth, and discuss the changing role of lawyers in global regulatory space.
Intellectual Property at the Edge: The Contested Contours of IP

Rochelle C. Dreyfuss and Jane C. Ginsburg

Intellectual Property at the Edge addresses both newly formed intellectual property rights and those which have lurked on the fringes, unadmitted to the established IP canon. It provides a basis for studying and discussing the history of these emerging rights as well as their relationship to new technological opportunities and to the changing importance of innovation and creative production in the global economy. In addition to addressing the scope of new rights, it also focuses on new limitations to patent, copyright and trademark rights that spring from similar changes. All of these developments are examined comparatively: for each new development, scholars in two jurisdictions analyse the evolving legal norm. In several instances, the first of the paired authors writes from the perspective of the legal system in which the doctrine emerged, and the second addresses its reception in her jurisdiction.
Balancing Wealth and Health: The Battle over Intellectual Property and Access to Medicines in Latin America

Rochelle C. Dreyfuss and César Rodríguez-Garavito

This book focuses on the debates concerning aspects of intellectual property law that bear on access to medicines in a set of developing countries. Specifically, the chapters look at measures that regulate the acquisition, recognition, and use of patent rights on pharmaceuticals and trade secrets in data concerning them, along with the conditions under which these rights expire so as to permit the production of cheaper generic drugs. In addition, the book includes commentary from scholars in human rights, international institutions, and transnational activism. The case studies presented from eleven Latin American countries have many commonalities in terms of economics, legal systems, and political histories, and yet they differ in the balance each has struck between proprietary interests and access concerns. The book documents this cross-country variation in legal norms and practice, identifies the factors that have led to differences in result, and theorizes as to how differentials among these countries occur and why they endure within a common transnational regulatory regime. The work concludes by putting the results of the investigations into a global administrative law frame and offers suggestions on institutional mechanisms for considering the trade-offs between health and wealth.
The United States Tax Court: An Historical Analysis

Harold Dubroff and Brant J. Hellwig

The United States Tax Court-An Historical Analysis (Second Edition) is a 13-part scholarly work which provides insight into the forces which created and shaped the United States Tax Court, its procedures, and its jurisdiction through the present day. This comprehensive work is packaged with two paperback volumes. Parts I through IV of the book detail the history of the United States Tax Court, beginning with the creation of the Board of Tax Appeals through the 1969 congressional chartering of the United States Tax Court as a court of record established under article I of the United States Constitution. Part V discusses the judicial consideration of the United States Tax Court's constitutional status that culminated in the United States Supreme Court's 1991 decision in Freytag v. Commissioner. Part VI addresses foundational aspects of the United States Tax Court's jurisdiction, such as its deficiency and refund jurisdiction. Part VII examines a number of recent innovations in the United States Tax Court's jurisdiction that are intended to improve the efficiency of tax litigation. Part VIII explores the jurisdiction of the United States Tax Court to review the administration of certain specified taxpayer rights. Parts IX through XI discuss pretrial matters, trial procedure, and post-trial considerations, respectively. Part XII discusses the position of the Special Trial Judge. Part XIII addresses the various means by which the United States Tax Court provides institutional support to self-represented taxpayers.
The Classical Liberal Constitution: The Uncertain Quest for Limited Government

Richard A. Epstein

American liberals and conservatives alike take for granted a progressive view of the Constitution that took root in the early twentieth century. Richard A. Epstein laments this complacency which, he believes, explains America’s current economic malaise and political gridlock. Steering clear of well-worn debates between defenders of originalism and proponents of a living Constitution, Epstein employs close textual reading, historical analysis, and political and economic theory to urge a return to the classical liberal theory of governance that animated the framers’ original text, and to the limited government this theory supports. Grounded in the thought of Locke, Hume, Madison, and other Enlightenment figures, the classical liberal tradition emphasized federalism, restricted government, separation of powers, property rights, and economic liberties. The most serious challenge to this tradition, Epstein contends, has come from New Deal progressives and their intellectual defenders. Unlike Thomas Paine, who saw government as a necessary evil at best, the progressives embraced government as a force for administering social good. The Supreme Court has unwisely ratified the progressive program by sustaining an ever-lengthening list of legislative programs at odds with the classical liberal Constitution. Epstein’s carefully considered analysis addresses both halves of the constitutional enterprise: its structural safeguards against excessive government power and its protection of individual rights. He illuminates contemporary disputes ranging from presidential prerogatives to health care legislation, while reexamining such enduring topics as the institution of judicial review, the federal government’s role in regulating economic activity, freedom of speech and religion, and equal protection.
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.
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.
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.
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.
Regulation of Lawyers: Statutes and Regulations

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

Prior edition of Regulation of Lawyers: Statutes and Regulations.
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).
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.
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.
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.
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.
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.