Faculty Books & Edited Works

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Fixing U.S. International Taxation

Daniel N. Shaviro

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

John P. Steines Jr.

Prior edition of International Aspects of U.S. Income Taxation
Just Mercy: A Story of Justice and Redemption

Bryan A. Stevenson

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

Philip G. Alston and Ryan Goodman

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

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

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

Jennifer H. Arlen

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

R. B. Berstein and Daniel J. Hulsebosch

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

Richard R. W. Brooks and Carol M. Rose

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

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

Prior edition ofThe Law of Financial Institutions.
Civil Litigation in New York

Oscar G. Chase and Robert A. Barker

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

Jerome A. Cohen and Margaret K. Lewis

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

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

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

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

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

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

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

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

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

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

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