Faculty Books & Edited Works

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  Regulation of Lawyers: Statutes and Regulations

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

  Prior edition of Regulation of Lawyers: Statutes and Regulations.

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  Regulation of Lawyers: Statutes and Regulations

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

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

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  Principles of the Law: Aggregate Litigation

  Samuel Issacharoff, Robert H. Klonoff, Richard A. Nagareda, and Charles Silver

  Aggregate Litigation, including class actions, is a significant part of the American legal system. Important social values require aggregate litigation for their achievement. Some legitimate interests cannot be protected and certain wrongdoers cannot be deterred through individual lawsuits. Yet aggregate litigation challenges procedural norms that have evolved over many centuries of common law adjudication of disputes between two individuals. Half a dozen years ago, a small group of distinguished judges, academics, and lawyers, all experienced in class action litigation, happened to be present at an ALI meeting. After some discussion, they unanimously told me that the Institute could contribute significantly by promulgating Principles of the Law of Aggregate Litigation. They also told me that Professor Samuel Issacharoff of New York University was the best person in the country to lead the effort. I, no expert on this subject, accepted this advice, although I was worried that the project might engender unproductive dissonance between those who represent class action plaintiffs and those who speak for defendants. Now, with the project completed, I know that I received excellent advice. Sam Issacharoff accepted this challenge. He recruited three outstanding helpers, Dean Robert Klonoff and Professors Richard Nagareda and Charles Silver. First-class groups of Advisers and ALI members reviewed multiple drafts and provided helpful comments, as well as criticism that was almost always constructive. As we proudly publish this work, it is already clear that American courts are citing the recommended Principles and that law-reformers in Europe and Asia are finding the Principles useful as their countries consider procedural changes that would increase the use of collective lawsuits. This project has progressed more quickly than most of ALI's work, yet with no compromise of the Institute's traditional procedures for full debate and discussion. The efficiency of the work is largely the result of the intense commitment of the four Reporters. We are immensely grateful to them and to all who have advised them. We also thank LexisNexis Group for its generous financial support to this important project. . . . This has been a long and difficult undertaking for us. We came to this project familiar with the high-profile cases that dominate the field and with the academic debates that inform further analysis. Five years later, we conclude the project with a far greater appreciation for the difficulties of reconciling the demands of mass society with the rights and procedures generated by a long legal tradition in what were often far simpler times. . . . One of the difficulties in attempting to state the Principles of this area of law is the reality of the practice and the stakes in the underlying disputes. The bar is split between those on the plaintiff side and those on the defense side. The size of the cases and the difficulty of the law have created a relatively concentrated bar of extraordinarily skilled attorneys, a group of deeply involved judges, and some truly knowledgeable academics. From the beginning, the ALI sought to draw important representatives of all of these groups into this project as Advisers. Over the past five years, the participation and support of this group have been key to our being able even to get this project off the ground. In addition, we had the good fortune to benefit from the well-attended, well-informed, and lively meetings of the Members Consultative Group.

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  The Roman Foundations of the Law of Nations: Alberico Gentili and the Justice of Empire

  Benedict Kingsbury and Benjamin Straumann

  This book makes the under-explored argument that modern international law was built on the foundations of Roman law and Roman imperial practice. A pivotal figure in this enterprise was the Italian Protestant Alberico Gentili (1552–1608), the great Oxford Roman law scholar and advocate, whose books and legal opinions on law, war, empire, embassies, and maritime issues framed the emerging structure of inter-state relations in terms of legal rights and remedies drawn from Roman law, and built on Roman and scholastic theories of just war and imperial justice. The chapters examine the theory and practice of justice and law in Roman imperial wars and administration; Gentili's use of Roman materials; the influence on Gentili of Vitoria and Bodin and his impact on Grotius and Hobbes; and the ideas and influence of Gentili and other major thinkers from the 16th to the 18th centuries on issues, such as preventive self-defence, punishment, piracy, Europe's political and mercantile relations with the Ottoman Empire, commerce and trade, European and colonial wars and peace settlements, reason of state, justice, and the relations between natural law and observed practice in providing a normative and operational basis for international relations and what became international law. This book explores ways in which both the theory and the practice of international politics was framed in ways that built on these Roman private law and public law foundations, including concepts of rights. This history of ideas has continuing importance as European ideas of international law and empire have become global, partly accepted and partly contested elsewhere in the world.

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  Europe: The New Legal Realism: Essays in Honour of Hjalte Rasmussen

  Henning Koch, Karsten Hagel-Sorensen, Ulrich Haltern, and Joseph H. H. Weiler

  Prof. Hjalte Rasmussen, who has been associated with the Center for European Constitutionalization since its establishment, has held the professorship in EU Law and International Law at the University of Copenhagen since 1993. His reputation, however, reaches far beyond the borders of Denmark. Indeed, he has achieved wide international recognition that transcends his national identity. Many of the positions he has held - including that of visiting professor at the College of Europe in Bruges and chairman of several EU studies associations—attest to his singular standing amongst the community of European legal scholars in Europe and throughout the world. It is fair to say that Hjalte Rasmussen has irreversibly changed the way we think about EU law. From the early 1980s, he explored a whole new universe of legal thought, leaving behind what Martin Shapiro famously described, almost 30 years ago, as “constitutional law without politics, the written constitution as a sacred text, the professional commentary as legal truth, the case law as the inevitable working out of the correct implications of the constitutional text, and the constitutional court as the disembodied voice of right reason and constitutional teleology.” (Southern California Law Review 53 [1979-80], 537, 538). His dissociation from this picture, above all, is Rasmussen's stupendous and lasting legacy. Rasmussen never stated his points uncritically or without creating controversy. He has always lived by George Bernard Shaw's dictum: “A man never tells you anything until you contradict him!” In December 2010, Hjalte Rasmussen will turn 70. His colleagues and friends will mark the occasion with this festschrift, which includes contributors from all over the world. The book is a tribute to Rasmussen's many years of academic achievements in developing the theory and practice of European integration, and it is written in just that spirit, celebrating a deeply courageous, independent, humorous, and humane scholar.

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  Economics of Ancient Law

  Geoffrey P. Miller

  For this wide-ranging collection, Professor Miller has drawn on the work of the best-known scholars in this field to explore the relationship between economics and law in ancient societies. Topics covered include: the methodology of ancient economic law; the genesis, structure and limitations on liability in ancient law; the law and economics of the family; the economic structure of land law in ancient times; the management of criminal behavior; the regulation of contracts and commercial transactions; economic markets and institutions of ancient times; bankruptcy and risk; and the economics of constitutional and administrative law in ancient legal systems.

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  Secular Philosophy and the Religious Temperament: Essays 2002-2008

  Thomas Nagel

  This volume collects recent essays and reviews by Thomas Nagel in three subject areas. The first section, including the title essay, is concerned with religious belief and some of the philosophical questions connected with it, such as the relation between religion and evolutionary theory, the question of why there is something rather than nothing, and the significance for human life of our place in the cosmos. It includes a defense of the relevance of religion to science education. The second section concerns the interpretation of liberal political theory, especially in an international context. A substantial essay argues that the principles of distributive justice that apply within individual nation-states do not apply to the world as a whole. The third section discusses the distinctive contributions of four philosophers to our understanding of what it is to be human--the form of human consciousness and the source of human values.

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  Fundamentalism in American Religion and Law: Obama's Challenge to Patriarchy's Threat to Democracy

  David A.J. Richards

  Why, from Reagan to George Bush, have fundamentalists in religion and in law (originalists) exercised such political power and influence in the United States? Why has the Republican Party forged an ideology of judicial appointments (originalism) hostile to abortion and gay rights? Why and how did Barack Obama distinguish himself among Democratic candidates not only by his opposition to the Iraq war but by his opposition to originalism? This book argues that fundamentalism in both religion and law threatens democratic values and draws its appeal from a patriarchal psychology still alive in our personal and political lives and at threat from the constitutional developments since the 1960s. The argument analyzes this psychology (based on traumatic loss in intimate life) and resistance to it (based on the love of equals). Obama's resistance to originalism arises from his developmental history as a democratic, as opposed to patriarchal, man who resists the patriarchal demands on men and women that originalism enforces - in particular, the patriarchal love laws that tell people who and how and how much they may love.

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  Equality and Tradition: Questions of Value in Moral and Political Theory

  Samuel Scheffler

  This collection of essays by noted philosopher Samuel Scheffler combines discussion of abstract questions in moral and political theory with attention to the normative dimension of current social and political controversies. In addition to chapters on more abstract issues such as the nature of human valuing, the role of partiality in ethics, and the significance of the distinction between doing and allowing, the volume also includes essays on immigration, terrorism, toleration, political equality, and the normative significance of tradition. Uniting the essays is a shared preoccupation with questions about human value and values. The volume opens with an essay that considers the general question of what it is to value something - as opposed, say, to wanting it, wanting to want it, or thinking that it is valuable. Other essays explore particular values, such as equality, whose meaning and content are contested. Still others consider the tensions that arise, both within and among individuals, in consequence of the diversity of human values. One of the overarching aims of the book is to illuminate the different ways in which liberal political theory attempts to resolve conflicts of both of these kinds.

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  Breaking the Logjam: Environmental Protection That Will Work

  David Schoenbrod, Richard B. Stewart, Katrina M. Wyman, and Deborah Paulus-Jagrič

  After several decades of significant but incomplete successes, environmental protection in the United States is stuck. Administrations under presidents of both parties have fallen well short of the goals of their environmental statutes. Schoenbrod, Stewart, and Wyman, distinguished scholars in the field of environmental law, identify the core problems with existing environmental statutes and programs and explain how Congress can fix them. Based on a project the authors led that incorporated the work of more than fifty leading environmental experts, this book is a call to action through public understanding based on a nonpartisan argument for smarter, more flexible regulatory programs to stimulate the economy and encourage green technology.

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  Torture, Terror, and Trade-Offs: Philosophy for the White House

  Jeremy Waldron

  Torture, Terror, and Trade-offs Jeremy Waldron has been a challenging and influential voice in the moral, political and legal debates surrounding the response to terrorism since 9/11. His contributions have spanned the major controversies of the War on Terror including the morality and legality of torture, whether security can be 'balanced' with liberty, and the relationship between public safety and individual rights. He has also tackled underlying questions essential to understanding the practical debates - including what terrorism is, and what a right to security would entail. This volume collects all Waldron's work on these issues, including six published essays and two previously unpublished essays. It also includes a new introduction in which Waldron presents an overview of his contribution, and looks at the problems currently facing the Obama administration and the UK Government in dealing with the legacy of the Bush White House. The volume will be essential reading for all those engaged with contemporary politics, security law, and the continuing struggle for an ethical response to terrorism.

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  Economics of Environmental Law

  Richard R. W. Brooks, Nathaniel O. Keohane, and Douglas A. Kysar

  The economic approach to environmental law and policy has become the dominant framework for analyzing pollution, resource management and many other environmental challenges throughout the world. This two-volume set presents essential articles from both the leading edge of methodological innovation in environmental law and economics and the bedrock of theory upon which all such innovations are built. The editors’ extensive introduction contextualizes the selected papers, highlighting the central theoretical and empirical challenges facing future advancement of this discipline. An impressive collection that is indispensable to policymakers, scholars and those with an interest in the developments in this ever-important field.

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  The Law of Banking and Financial Institutions

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

  The Fourth Edition of The Law of Banking and Financial Institutions brings exciting renovations to a classic casebook. Comprehensive updating is just the beginning. The authors have expanded the old structure to include more coverage of non-bank financial institutions, such as insurance companies and mutual funds. Other topics have been reorganized to reflect modern trends. Visual aids--virtual windows, for visual learners--have been added to clarify concepts and reinforce text. And finally, engaging problem exercises have been added to create a more dynamic learning environment. Tried-and-true features of The Law of Banking and Financial Institutions: clear, concise explanations that simplify and clarify a complex field of law; lively and interesting note material and provocative discussion questions; careful selection and judicious editing of cases; fun problem sets, at graduating levels of difficulty, that reinforce concepts and give students practice applying law to specific facts; critical analysis of the unifying features of each topic from an economic perspective. Featured in the Fourth Edition: coverage of non-bank financial institutions, such as insurance companies and mutual funds; expanded and updated treatment of bank/nonblank combinations under the Gramm-Leach-Bliley Act; unified organization of financial institutions, rather than focusing on depository institutions separately; generous use of tables to clarify concepts and promote understanding. If you haven't seen the Fourth Edition, you haven't seen The Law of Banking and Financial Institutions. Come; take a look at the expanded coverage, updated organization, problem sets, examples, and visual aids that constitute an important renovation of this classic edifice.

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  Economics of Constitutional Law

  Richard A. Epstein

  In this thought-provoking collection, Professor Epstein brings together the leading articles which explore the economic approach to the two major issues of constitutionalism. The first volume deals with structural protections that are afforded by the separation of powers, the use of checks and balances, and the institutions of federalism. The second volume deals with the protection of individual rights in connection with property, speech, religion, due process and equality. Both volumes focus on the extent to which assumptions about self-interest and human nature influence the choice of social institutions. They offer extensive comparisons between the classical liberal and social democratic views of constitutional law. Professor Epstein’s lengthy and careful introduction seeks to weave together the diverse approaches to constitutional law exhibited in these volumes.

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  The Case Against the Employee Free Choice Act

  Richard A. Epstein

  Viewed as one of the most controversial pieces of labor legislation in the last 60 years, the Employee Free Choice Act has “some of the worst possible consequences for the workplace—and through it for the overall economy,” says Hoover fellow Richard A. Epstein. This legislation was first introduced in 2007 and reintroduced in 2009. The opposition to its card-check provisions has led the Democrats to pull back on those controversial provisions and to press forward with its compulsory arbitration provision. But as Epstein now says, “These short term changes in tactics do nothing to conceal the long-term risk that the card-check legislation will be reintroduced at some later time.” Epstein, in his book The Case against the Employee Free Choice Act (Hoover Press, 2009), examines all the critical proposals contained in the original version of EFCA and explains why they constitute a large step backward in labor relations that will work to the systematic detriment of employees, employers, and the public at large. “The brevity of the statute conceals many serious difficulties about its integration with existing labor laws, even as it gives evidence to the massive shift of power from private ordering to state control,” said Epstein. The source of the controversy lies in three major objectives of the champions of labor reform: an increase in the penalties for unfair labor practices (ULPs) by employers during union organization campaigns; the use of a card-check system to authorize a union for a particular bargaining unit; a system of mandatory interest arbitration that allows a panel of federal arbitrators to set the terms of a first two-year contract in a 130-day time frame. At the option of a union, a card-check system could, in effect, bypass the protections of the secret ballot by allowing a card check to certify a union. The union would thereafter deny any employer or employee the option to refuse to deal on the terms demanded by the union, which could leave bankruptcy as the only defense against improvident state arbitration decrees. Epstein, the James Parker Hall Distinguished Service Professor of Law at the University of Chicago, is the Peter and Kirstin Bedford Senior Fellow at the Hoover Institution. He is also a visiting professor at NYU Law School. He has written extensively on constitutional law, law and economics, and labor law.

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  Rome I Regulation: The Law Applicable to Contractual Obligations in Europe

  Franco Ferrari and Stefan Leible

  Since it is believed that the proper functioning of the internal market creates a need, in order to improve the predictability of the outcome of litigation, certainty as to the law applicable and the free movement of judgments, for the conflict-of-laws rules in the Member States to designate the same national law irrespective of the country of the court in which an action is brought, it cannot surprise that efforts have been made to draft uniform European conflict-of-laws rules in the area of contract law as well. In this book various authors examine in detail the result to which these efforts have led, namely the Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I). This volume comprises the papers which were presented at the Verona conference in March 2009. It was the third in a series of conferences. It all started in June 2003 at the University of Jena with a conference concerning the “Green Paper on the conversion of the Rome Convention of 1980 on the law applicable to contractual obligations into a Community instrument and its modernisation” (Stefan Leible [ed.], Das Grünbuch zum Internationalen Privatrecht. Beiträge zur Fortentwicklung des Europäischen Kollisionsrechts der vertraglichen Schuldverhältnisse, 2004). Shortly after the publication of the Commissions “Proposal for a regulation of the European Parliament and the Council on the law applicable to contractual obligations (Rome I)” a second conference was held in September 2006 at the University of Bayreuth (Franco Ferrari/Stefan Leible, Ein neues Internationales Privatrecht für Europa – Der Vorschlag für eine Rom I-Verordnung, 2007). May also this volume contribute to what has been an exciting discussion in the past and what will continue to be so for years to come.

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  Competition Law and Policy in Latin America

  Eleanor M. Fox and D. Daniel Sokol

  This book offers an unparalleled analysis of the emerging law and economics of competition policy in Latin America. Nearly all Latin American countries now have competition laws and agencies to enforce them. Yet, these laws and agencies are relatively young. The relative youth of Latin American competition agencies and the institutional and political environment in which they operate limit the ability of agencies to effectively address anti-competitive conduct. Competition policy is a tool to overcome anti-market traditions in Latin America. Effective competition policy is critical to assisting in the growth of Latin American economies, their global competitiveness, and improving the welfare of domestic consumers. This book provides new region specific insights on how to better achieve these aims. This authoritative volume will be of particular interest to competition agencies, academics in law, economics and Latin American Studies, practitioners around the world in the areas of antitrust and competition policy, policymakers, and journalists.

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  Civil Procedure: Cases and Materials

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

  The Tenth Edition of this popular casebook explores cutting edge issues and incorporates new Supreme Court cases that impact subject-matter jurisdiction (Grable), pleading (Twombly), joinder (Pimentel), and other important topics, and also explores the effect of recent federal statutes such as the Class Action Fairness 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.

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  The Will of the People: How Public Opinion Has Influenced the Supreme Court and Shaped the Meaning of the Constitution

  Barry Friedman

  In recent years, the justices of the Supreme Court have ruled definitively on such issues as abortion, school prayer, and military tribunals in the war on terror. They decided one of American history's most contested presidential elections. Yet for all their power, the justices never face election, and hold their offices for life. This combination of influence and apparent unaccountability has led many to complain that there is something illegitimate—even undemocratic—about judicial authority. In The Will of the People, Barry Friedman challenges that claim by showing that the Court has always been subject to a higher power: the American public. Judicial positions have been abolished, the justices' jurisdiction has been stripped, the Court has been packed, and unpopular decisions have been defied. For at least the past sixty years, the justices have made sure that their decisions do not stray too far from public opinion. Friedman's pathbreaking account of the relationship between popular opinion and the Supreme Court—from the Declaration of Independence to the end of the Rehnquist Court in 2005—details how the American people came to accept their most controversial institution and, in so doing, shaped the meaning of the Constitution.

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  Regulation of Lawyers: Problems of Law and Ethics

  Stephen Gillers

  I imagine you’re pretty busy and that reading a preface is not at the top of your to-do list. But this one is different. It is written with you very much in mind. And it's short. So give me five minutes. I want to say four things right off. First, as may already be apparent, this casebook has a personality, a recognizable voice: namely, mine. IN that way, it may be unlike other casebooks. Its voice is conversational. And here and there, it take a position directly, not solely through the words and views of others. Second, this book contains many problems. Some are a paragraph long, others are a page or two. Many are based on real situations that I’ve heard or read about. Mostly, the problems are dense and messy, like life. They are not stick-figure problems. They are real-people problems. They arose yesterday or will arise tomorrow, in one form or another. Third, the book contains many short essays (i.e., notes). The legal ethics world is best learned not only as a set of abstract doctrines, but also through stories taken from many cases and elsewhere. Detail illuminates nuance and variation and thereby provides a context in which to text the doctrines. I further explain this approach in chapter 1. Fourth, this is your second most important law school class. Yeah, right, you think. It’s a bold statement, I know. Here’s why I think it’s true. Say you become an antitrust lawyer. Your criminal procedure class will fade into a remote corner of memory. Or if you become a criminal defense lawyer, you’re unlikely to need to know much antitrust. But whatever work you do as a lawyer, you will practice what you learn in this book and in the class that assigns it whenever you advise a client, argue in court, draft a document, write a brief, or negotiate with an opponent. So antitrust or criminal law or whatever may be your most important legal subject, depending on the direction of your professional life, but this subject is a close second. Here you learn the rules you must live by and the consequences if you don’t. Other courses teach lessons that directly bear on your clients’ legal problems. This course is for you. One exception: Knowledge of these rules enables you to protect your clients against misconduct of other lawyers—conduct that may violate conflict rules, for example, or rules against communicating with another lawyer’s clients. As you approach the starting line of your legal career, perhaps most important to you are rules that constrain your professional 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 I do and how may I behave to be confident that my conduct will not land me before a disciplinary committee, create civil liability, invite court sanction, forfeit my fee, or damage my reputation? Even reading this question should alert you that the “ethics” in legal ethics is not merely about being amorally good person. It is about being a professionally safe lawyer. For the fact is that the law business is heavily regulated, and its 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 about how to be a good person. You make two errors at your peril. First, do not believe that the right way to act—towards 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 in professional life, and certainly not using hundreds of pages of text to do it. The rules here are often 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 life experience. Indeed, much of what lawyers do for clients is make judgments—about where the law is headed, what a particular judge or court will do, how great may be the risk of a contemplated course of conduct. You develop that judgment across years of practice, but the process begins now. Second, you don’t want to make the mistake of assuming that your employer will provide all the protections you need against missteps. Good law offices do have systems to detect and avoid improper conduct and they have people to whom lawyers can turn for advice. But the best systems and resources are still not perfect, and anyway, the professional responsibility of a lawyer cannot be delegated to a boss. Furthermore, you need to know enough about this material to be aware when you have a problem that requires you to seek advice. Another perspective from which to view the laws and rules that regulate lawyers considers their effect on civil society and the administration of justice. The obligations that lawyers impose on themselves through self-regulation or that are imposed on them by courts and legislatures, taken together, 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 allows lawyers to advertise will influence the conduct of individual members of the bar. But it can also affect consumer demand and (through greater competition) the size of legal fees. A rule that prohibits or requires a lawyer to reveal certain kinds of information about a client in order to protect others from harm will control that lawyer’s own behavior, but it may also affect which client populations use lawyers and what information clients are willing to give those lawyers. 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, “What are the consequences to civil society and justice if one or another version of a particular rule is applied to America’s more than 800,000 practicing lawyers?” Still, the last question is important and, if not as immediate, will surely arise in the course of your professional life. Many readers of this book will someday be in positions that require them to address the broader question—as head of law offices, members of bar committees, legislators, government lawyers, and judges. 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, of course, the political and moral values of different people differ. In addressing these questions, we should also try to be honest about the interests we mean to protect. Those of society generally? Those of a particular client population? The legal profession’s? Our own? Law school and law practice, it is sometimes said, encourage more rather than less self-interest in answering the questions raised here. In transition as you are, your answers may vary from what they would have been before you entered law school, and they will likely be different still five years on. This is the eight edition of the book. I started on the first edition in 1982 shortly before the birth of the two amazing young women to whom all editions have been dedicated. Between editions, I spend an hour or two each weeks planning the next one. You get to thinking a lot about what a casebook is and can be when you live with one for 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 this way, but if nothing more were possible (even if not required), I wonder if I would have kept at it for 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 engaging writing. The enterprise will not likely support the extended charm of a Hazlitt essay or the quirkiness of a Vonnegut novel—assuming I had the talent to achieve either (in which case I’d probably be in a different line of work)—bit a casebook is a book, after all, and it should have an authorial presence in so far as possible. That’s what makes the book min. 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 over the top, if not downright sanctimonious, in making so grandiose a claim. At the same time in my life, I was inclined to agree with the character in George Bernard Shaw’s play The Doctor’s Dilemma who said “all professions are conspiracies against the laity.” Amen! To some extent, I still find Tweed a bit excessive and Shaw apt, even if hyperbolic. But I now 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 things about life within the society of lawyers, not merely a dozen big things, if we are going to understand it truly. I invite your views on the book. What was dull? What worked well? How can the book be improved? Have you encountered a quote or story somewhere (true or fictitious) 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.

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  Regulation of the Legal Profession: The Essentials

  Stephen Gillers

  Regulation of the Legal Profession: The Essentials illuminates key concepts with Stephen Gillers’ characteristic expertise and clarity. It features: an informal writing style that is engaging and concise; illuminating discussion of the central themes and overarching framework of professional responsibility; a logical and modular organization that may be referenced or taught in any order; cross-referencing that connects related themes and concepts, contributing to a cohesive overview of legal ethics. The word essentials is in the title of this book. It fairly describes the content. This is not a treatise, not a heavily footnoted law review article, not a law professor’s extended excursion into the intellectual or historical explanations for the subject. The book is a reflective introduction to the major and minor rules and themes in the law and ethics governing the behavior of American lawyers. As its guide, it uses the American Bar Association Model Rules (where ethics rules are the subject) and cases from various jurisdictions. Material on the legal liability of lawyers relies on case law. The endeavor required selections, and selection always requires judgment. What to include. What to omit. I have tried to balance the interest in coverage and depth against the goal of avoiding excessive detail. Each of the chapters discusses a discrete area of legal ethics. More or less. Choosing the focus of each of the chapters itself required judgment. I don’t expect that most readers will likely read the book from beginning to end, though some will. More likely, readers will look at one chapter or another as their own interest directs them at the time. For that reason, I have cross-referenced chapters. Subtitles to each chapter identify the chapter’s main themes. There is minor duplication across chapters when a subject could properly be raised in more than one place footnoting is light but sufficient, I hope, to enable a reader who wants to pursue a question to being further research. I have tried to make the book conversational, personal, and accessible. Much legal writing is just the opposite, reasonably so, perhaps, given the differences in purpose or audience. This assignment, however, offered a chance for a casual and distinct voice—even the first-person singular when useful—and I have taken advantage of the opportunity. Readers are invited (indeed urged) to drop me a note if there are issues not addressed, in their view. Should the book go into a second edition, all suggestions will receive serious consideration.

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  Regulation of Lawyers: Statutes and Regulations

  Stephen Gillers and Roy D. Simon

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

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  Regulation of Lawyers: Statutes and Regulations

  Stephen Gillers and Roy D. Simon

  Prior edition of Regulation of Lawyers: Statutes and Regulations.

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  Sales Law: Domestic and International

  Clayton P. Gillette and Steven D. Walt

  Authoritative coverage describes and analyzes the law of sales under Article 2 of the Uniform Commercial Code, as well as under the United Nations Convention on Contracts for the International Sale of Goods. Text provides the framework for sales and governing law, contract formation, implied terms, formal requirements, performance, and risk of loss. Also covers remedies, the rights to goods, and documentary sales.

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  The Deepening Darkness: Patriarchy, Resistance, and Democracy's Future

  Carol Gilligan and David A.J. Richards

  Why is America again unjustly at war? Why is its politics distorted by wedge issues like abortion and gay marriage? Why is anti-Semitism still so powerfully resurgent? Such contradictions within democracies arise from a patriarchal psychology still alive in our personal and political lives in tension with the equal voice that is the basis of democracy. This book joins a psychological approach with a political-theoretical one that traces both this psychology (based on loss in intimate life) and resistance to it (based on the love of equals) to the Roman Republic and Empire and to three Latin masterpieces: Virgil's Aeneid, Apuleius's The Golden Ass, and Augustine's Confessions. In addition, this book explains many other aspects of our present situation including why movements of ethical resistance are often accompanied by a freeing of sexuality and why we are witnessing an aggressive fundamentalism at home and abroad.