Faculty Books & Edited Works

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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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Cases and Materials on Torts

Richard A. Epstein and Catherine M. Sharkey

This highly successful casebook integrates modern scholarship and historical background to provide students with a thorough understanding of tort law. Written by leading scholar Richard Epstein, Cases and Materials on Torts takes an explicitly economics-based point of view and examines the processes of legal methods and reasoning, and the impact of legal rules on social institutions. The Tenth Edition welcomes new co-author Catherine Sharkey, an expert on punitive damages and federal preemption of state tort law. Hypothetical problems have been added to assist students in their understanding of core issues. New developments, such as privacy and defamation in the Internet Age, and the relevance of race and gender in calculating damages, are given thorough coverage. Features: written by a leading scholar in the field; economics-based point of view makes a good foil for counterpoint and fuels class discussion; traditional approach integrates cases with modern scholarship on moral theory, law and economics, and salient policy questions; begins with Intentional Torts and other physical and mental harms, and progresses logically through to nonphysical interests; thoughtful presentation examines the processes of legal method, legal reasoning, and the impact of legal rules on social institutions; exposes students to different intellectual approaches that have been employed to interpret tort law over the years; historical background provides contextual framework of tort law and its development up to the present. Thoroughly updated, the revised Tenth Edition includes: new co-author, Catherine Sharkey, an expert on punitive damages and federal preemption of state tort law; empirical approach to many issues harmonizes the topics with cutting edge scholarship; hypothetical problems, inspired by the facts of actual cases, to help students develop a deeper understanding of the core issues; new issues are explored, such as privacy and defamation in the age of the Internet, and the relevance of race and gender to damages calculations.
Research Handbook on the Economics of Labor and Employment Law

Cynthia Estlund and Michael L. Wachter

This Research Handbook assembles the original work of leading legal and economic scholars, working in a variety of traditions and methodologies, on the economic analysis of labor and employment law. In addition to surveying the current state of the art on the economics of labor markets and employment relations, the volume’s 16 chapters assess aspects of traditional labor law and union organizing, the law governing the employment contract and termination of employment, employment discrimination and other employer mandates, restrictions on employee mobility, and the forum and remedies for labor and employment claims. Comprising a variety of approaches, the Research Handbook on the Economics of Labor and Employment Law will appeal to legal scholars in labor and employment law, industrial relations scholars and labor economists.
Cases and Materials on Employment Discrimination and Employment Law

Samuel Estreicher and Michael C. Harper

Tracking the field as it is practiced by employment lawyers on both the plaintiff and defense sides, this casebook provides a one-semester treatment of the full range of employment discrimination laws as well as the core subjects of an employment law offering. Coverage includes the following: laws designed to protect individuals from discriminatory employment decisions; the extent to which the law prevents employers from retaliating against employees for filing claims, reporting misdeeds or other activity that our society highly values or seeks to protect; the common law of the employment relationship; the enactment of wage-hour, pension and other "minimum terms" laws to establish regulatory floors for private negotiation of employment contracts; and the procedural design of regulatory systems, including in-depth consideration of class actions, preemption and arbitration issues. It has been updated with all recent leading cases, newly enacted statutes, including the ADAAA, and integration of recently completed and membership-approved chapters of the Restatement of Employment Law on employment contract, employment torts and employee duties. PowerPoint Slides are available to adopting professors.
Cases and Materials on Employment Discrimination Law

Samuel Estreicher and Michael C. Harper

This incisive casebook presents updated materials on employment discrimination law. The book provides a text for a comprehensive course on the substance and procedure of employment discrimination law, including in-depth analysis of models of proof under Title VII, and of the special problems presented by the regulation of sex, age, disability, and retaliatory discrimination. The book also highlights procedural systems under Title VII, the Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act (ADA), as well as issues of coordination between private arbitration and federal and state regulation. Particular attention is given to recent important decisions, such as Ricci and Wal-Mart and to recent statutes, particularly the ADA Amendments Act of 2008.
Contracts for the International Sale of Goods: Applicability and Applications of the 1980 United Nations Sales Convention

Franco Ferrari

Contracts for the International Sale of Goods provides an examination of the United Nations Convention on Contracts for the International Sale of Goods (CISG). Extensively referenced, this volume focuses on three fundamental issues, which, due to added attention from courts and arbitral tribunals, are considered “typical” of CISG related disputes. These include the exact determination of the CISG’s sphere of application; issues relating to the non-conformity of delivered goods; and the determination of the rate of interest on sums in arrears. This analysis will also help readers understand the broader context in which these issues are embedded, and ultimately illustrates how the CISG is interpreted and applied in different jurisdictions.
Cases and Materials on U.S. Antitrust in Global Context

Eleanor M. Fox

Larry Sullivan and I wrote the first edition of this casebook in the late 1980s. It was published in 1989. The year 1980 had marked a turning point in U.S. antitrust law. The heritage of the 1960s with its mission for equal opportunity was still very much with us, and Lewis D. Brandeis’ notion of a clearer path for “the little man” as well as William O. Douglas’ notion of autonomy and freedom through diversity still infused American antitrust. But these notions were quickly being overtaken. Globalization was shrinking the world; lower trade barriers meant fierce competition from abroad and new opportunities beyond borders. Efficiency became the mantra. The new paradigm for U.S. antitrust was consumer welfare—focusing on how business could gain market power and harm consumers. The new paradigm rationalized U.S. antitrust law and tended to ensure that antitrust law would help and not hurt efficiency—of firms and markets. Thus it was in the context of change that we wrote the first volume. We included much of the history and evolution of the antitrust law along with the most current cases so that the students could not only grasp the currents of the political economy but predict the direction of the law. When it came time for the second edition Larry Sullivan was already nearing the last years of his life and we were fortunate to be able to collaborate with Rudolf Peritz, who added much to the book. The second edition was published in 2004. The antitrust law was still evolving from the path of pluralism and distrust of bigness to the path of efficiency and trust in the market. Up to the last month of preparing our manuscript for the second edition, there had been only a few new Supreme Court antitrust decisions and these often favored the plaintiff; for example, Aspen Skiing, a unanimous judgment for the complainant against an exclusionary refusal to cooperate in issuing a multi-mountain ticket to all of the Aspen slopes, and Eastman Kodak, declining to uphold the district court’s grant of summary judgment for Kodak against independent servicers of Kodak equipment who had been cut off from Kodak-brand repair parts. The Kodak case, however, was decided 5-4, and the dissent by Justice Scalia was the handwriting on the wall of the approaching millennium. Just days before the printing of the second edition, the Supreme Court decided its head-turning Trinko case; and our publisher allowed us to include it—in an appendix. What else occurred in this more-than-decade between the first and second editions? In the same year as publications of our first edition, the Berlin wall fell. Most of the world became democratized. Scores of nations that had distrusted markets began to nurture markets, more or less; and almost all of these nations adopted competition (antitrust) laws. By the time of the second edition, antitrust was well on its way to becoming internationalized. Larry Sullivan passed away on October 7, 2007. His mark is deeply impressed on this book, on antitrust law in general (his treatise has been cited by the Supreme Court and other federal courts hundreds of times), and, more importantly, on the many of us who loved him and appreciated his humanism, his intellect, his Irish reconteurism, and simply his qualities as a human being. I dedicate this volume to him. Meanwhile, in the eight years since the publication of the second edition, the Supreme Court decided 11 antitrust cases, 10 in favor of the defendant, overruling precedents and resetting the perspectival compass. All of them followed the footprint of Trinko. On the world front, antitrust law has become significantly internationalized. The United States has lost some of the sheen of hegemony. U.S. antitrust and European Union competition law remain the models for the world, with EU outpacing the U.S. Scores of developing countries are injecting their needs into their competition laws, including distributional concerns and other public interests. The huge, rapidly emerging developing economies of China, India and Brazil may in some ways be setting a pace of their own. On the new economy/technology front, the world continues its pace of rapid change. Apple has sold its twenty-fifth billion iPad. Google makes 34,000 searched per second. Microsoft, the “monopolist” of the last two decades, is seeking to enlist the antitrust authorities in the U.S. and the EU to stop Google from allegedly manipulating the market in web search and expanding its power into adjacent market that might be pathways to control the future of information and communication technologies in the world. It is in this context that I write this third edition. How have I changed the book? I have reduced, but retained, historical coverage. All chapters are modernized; they include all of the latest Supreme Court cases and many instructive lower court cases. I have added a number of problems including an inspired one created by the International Competition Network—a virtual organization of the competition authorities of the world. I have retained, although reduced, excerpts from all of the old flagship cases including Alcoa and Standard Oil, and mined the philosophic premises of the Justices, highlighting the threads that have woven their way into the modern Court opinions. I have incorporated many non-U.S. references, showing contrasts and convergences and helping explain not only what U.S. antitrust law is but what it might be and what some of the rest of the world thinks it should be. I have incorporated contemporary economic thinking in an accessible and non-technical way, retaining the perspective that antitrust is law heavily influenced by generalized principles of economics, and not the other way around. My goal has been, and Larry’s was, to educate the student in the fullness of American antitrust; to show its place in domestic policy and in the world; to train the student in the analytics of contemporary antitrust law and practice, and to prepare the student to think about antitrust in the larger context, however that context might change.
Competition Policy and Regional Integration in Developing Countries

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

This book presents a detailed study of the interface between regional integration and competition policies of selected regional trade agreements (RTAs), and the potential of regional competition laws to help developing countries achieve their development goals. The book provides insights on the regional integration experiences in developing countries, their potential for development and the role of competition law and policy in the process. Moreover, the book emphasizes the development dimension both of regional competition policies and of competition law. Although it holds many promises for developing countries, some challenges must be overcome for the process of creating a regional market and applying a competition law, to be successful. This timely book delivers concrete proposals that will help to unleash the potential of regional integration and regional competition policies, and help developing countries fully enjoy the benefits deriving from a regional market. Bringing together analysis from well-known scholars in the developed world with practical insight from scholars in countries hoping to exploit the potential of competition law, this book will appeal to academics working in the field of competition law, practitioners, policy makers and officials from developing countries, as well as those in development organisations such as UNCTAD.
Products Liability Law

Mark A. Geistfeld

Mark Geistfeld, the author of the leading textbook on products liability, an important text on tort law and dozens of scholarly articles, has class-tested the material in Products Liability Law for more than five years at NYU. He has made the study of products liability an advanced torts class that cements knowledge of fundamental tort principles while developing both specialized expertise and a deeper understanding of the torts process. Illuminating textual discussion follows a wide range of riveting cases. Unlike many casebooks that simply pose the question, Products Liability Law provides the analyses needed to address each challenging problem. Unifying the two competing conceptions of products liability, students become familiar with both approaches and develop a balanced perspective. Features: stellar authorship; leading textbook on products liability; important tort law textbook; dozens of scholarly articles; classroom-tested for five years; makes the study of products liability an advanced torts class; cements knowledge of fundamental tort principles; develops both specialized expertise and a deeper understanding of the torts process; wide range of interesting cases followed by extended textual discussion; provides analysis needed to address challenging questions, missing from most casebooks; unifies the two competing conceptions of products liability.
Regulation of Lawyers: Problems of Law and Ethics

Stephen Gillers

You’re busy. I know. Reading a preface in not high on your to-do list. But this one is written with you in mind. And short. So give me five minutes. Maybe ten. Four quick points: First, this casebook has a personality, a voice: mine. In that way, it may be unlike other casebooks. Its voice is conversational. And here and there, it takes a position directly, not only through the views of other or with rhetorical questions. Second, this book contains many problems. Some are one paragraph, others a page or more. Many are based on real dilemmas I’ve heard or read about. Mostly, the problems are dense and messy, like life. They arose yesterday or will arise tomorrow, in one form or another. Third, the books contains many short essays (a/k/a, notes). The legal ethics world (indeed, Lawyerland generally) must be mapped through stories along with doctrines. Detail offers nuance and variation and a context within which to test doctrine. Fourth, this is your second most important class. Yeah, right, you think. It’s a bold statement, and here’s why I make it. Say you become an antitrust lawyer. Your criminal procedure class will fade into a remote corner of your memory. Or if you become a criminal defense lawyer, you won’t need to know much copyright. But whatever work you do as a lawyer, you will practice what you learn in this book and the class that assigns it every day of your professional life. Other courses teach lessons that bear on a client’s legal problems. This course is about you and your work. There are two exceptions: Knowledge of these rules enables you to protect clients against misconduct of other lawyers. And representing law firms in trouble (or needing advice to avoid trouble) is a growing practice area. As you approach the starting line of your legal career, most important are the rules that constrain your behavior. You will want to know—in such areas as competence, fees, marketing, confidentiality, conflicts of interest, negotiation, and the client-lawyer relationship—what may or must you do or not do with confidence that your conduct will not land you before a disciplinary committee, create civil liability, invite court sanction, forfeit your fee, or damage your reputation. “Ethics,” while a useful tem, does not accurately describe these lessons. The law business is heavily regulated, and the regulations have grown more complex in recent decades. This has led to new terms—the law governing lawyers and the law of lawyering—lest anyone be fooled by the word “ethics” into believing that the subject is simply about how to be a good person (although there’s some of that too). Avoid two errors. First, do not believe that the right way to act—toward clients, courts, adversaries, or colleagues—will be intuitively obvious. Sure, sometimes it will be. But no one needs to teach you not to lie or steal, and certainly not with hundreds of pages of text. The rules here may be obscure; they may even be counterintuitive, and they can be subtle in application. Application in turn calls for judgment, and judgment is mostly learned through experience. Indeed, much of what lawyers do for clients is make judgments—about where the law is and is likely to go, what a particular judge or court will do in a pending litigation, and the risks of a contemplated strategy or decision. You develop that judgment across years of practice, but it begins now. Second, you don’t want to make the mistake of assuming that your employer will provide all the protection you need. Many law offices do have systems to detect and avoid mistakes and they have people to whom lawyers can turn for advice. But the best systems and resources are still not perfect, and anyway, the professional responsibility of a lawyer cannot be handed to others. Furthermore, you need to know enough about the subject to be aware when you have a problem that requires advice. A broader perspective from which to view the laws and rules that regulate lawyers looks at their effect on civil society and the administration of justice. These rules and laws help define the nature and work of the entire profession and therefore the behavior of our legal institutions and the quality of our social justice. For example, a rule that restricts ow lawyers may advertise will influence the conduct of individual lawyers. But it will also affect public awareness of legal rights and lead to price competition. A rule that prohibits or requires a lawyer to reveal a client’s confidential information to protect others from harm will influence a lawyer’s own behavior, but it may also affect what clients are willing to reveal. In short, many rules have social and political consequences (sometimes profound ones) beyond any single representation or practice. As you enter law practice, you may be more interested in such questions as “How do I behave?” and “How can I stay out of trouble?” than in asking the broader question, “What are the consequences to civil society and justice if one or another version of a particular rule is applied to America’s one million licensed lawyers? Still, the last questions is important and, if not as immediate, will surely arise in the course of your professional life. You may someday be in positions to resolve the broader questions—as manager of a law office, member of a bar committee, legislator, government lawyer, or judge. Asking about the consequences to justice and civil society if a rule is resolved one way rather than another—asking which resolution is best—engenders different, sometimes vehement, responses from practicing lawyers and the public. Why is that? In part, it is because the answers depend on political and moral values more fundamental than the “ethics” that inform various codes. And, f course, the political and moral values of different people differ. In addressing these questions, we should also try to be honest about the interests we mean to protect. Those of society generally? Those of a particular client population? The legal profession’s? Our own? Law school and law practice, it is sometimes said, encourage more rather than less self-interest in answering the questions raised here. In transition as you are, our answers may vary from what they would have been before you entered law school, and they will likely be different five years on. If you are using this book in a law school class, you are likely in Generation Y, whose members came of age after 2010. I believe you will enter a profession in greater transition than any of your predecessors in U.S. history. Three interrelated forces are buffeting the law industry: technology, globalization, and competition both from abroad and from new sources of legal advice. These forces are upsetting a lawyer regulatory system that served the United States will for a century, a system based on geography. Traditionally and still lawyers are licensed by a place and had their clients and office in the same place. But technology and globalization have facilitated the efforts of others to make money in the law industry and the ability of businesses here and abroad to profit from U.S. law work by doing work once done by U.S. lawyers at much lower cost. It is still too soon to know how the changes will play out, so there is not much we can say about them in this edition. But they are acknowledged in Chapters 12B and 14B and you must be aware of them as you plan for the future. This is the ninth edition of the book. I started on the first edition in 1982 shortly before the birth of the first of the two amazing daughters to whom all editions have been dedicated. I delivered the manuscript to the publisher a day after the birth of the second daughter in 1984. Since then, I spend an hour or two each week planning the next edition. The daughters are now out in the world but the book still resides at home. You think a lot about what a casebook is and can be when you live with one so long. The book’s primary function is to provide information, but that’s just the beginning. The minimum editorial task would allow me to pick good cases and other materials, edit them, order them logically, add interstitial notes and questions, and put the product between covers. Voila! A casebook. Of course, one must begin in this way, but if nothing more were possible (even if not required), I wonder if I would have kept at it so long. Luckily, more is possible while still serving the book’s objective—to teach the subject. For starters, we can strive for humor, variety, clarity and good writing. The enterprise will not likely support eh extended charm of a Hazlitt essay or the quirkiness of a Vonnegut novel—assuming counterfactually that I had the talent to achieve either (in which case I’d probably be in a different line of work)—but a casebook is a book, after all, and it should have an authorial presence in so far as possible. That’s what makes the books mine. The legal profession is a culture of storytellers and stories. Harrison Tweed (1885-1969), a president of the New York City Bar Association, once said: “I have a high opinion of lawyers. With all their faults, they stack up well against those in every other occupation or profession. They are better to work with or play with or fight with or drink with than most other varieties of mankind.” These words are inscribed on a wall at the Association’s headquarters. As a young lawyer, I thought Tweed was overly effusive, f not downright sanctimonious. At that time, I was inclined to agree with the character in George Bernard Shaw’s play The Doctor’s Dilemma who said that “all professions are conspiracies against the laity.” To some extent, I still find Tweed excessive and Shaw’s character apt, even if hyperbolic. But now I think Tweed had a point. The profession and its members are fascinating to study, and its stories are fascinating to hear. As with the study of any culture, understanding the bar requires density of information. We must know a thousand small details about the actual life within the society of lawyers, not merely a few doctrines and theories, if we are going to understand Lawyerland truly. I have tried to include some of those details here. I invite your views on the book. What was dull? What worked well? How can the book be improved? Have you encountered a quote or story somewhere (tru or finctional) that you think nicely highlights an issue? This edition is indebted to past users who alerted me to interesting sources. Send e-mail to stephen.gillers@nyu.edu. All comments will be gratefully acknowledged. Okay. My ten minutes are up. Onto Chapter 1.
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).