Faculty Books & Edited Works

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The Logic of Subchapter K: A Conceptual Guide to the Taxation of Partnerships

Laura E. Cunningham and Noël B. Cunningham

This product is designed to guide students through the conceptual framework of subchapter K. The material avoids neither the hard questions nor the conceptual difficulties, leaving students with a firm understanding of partnership taxation. Each chapter begins with a basic explanation of the relevant provisions and the roles that they play in the overall structure of subchapter K. It includes an increasingly detailed discussion of the specific rules, including multiple illustrative examples. Each chapter builds on the earlier chapters, leading the student through subchapter K. It is appropriate for J.D. or graduate-level law school courses on partnership taxation.
Enacting Pleasure: Artists and Scholars Respond to Carol Gilligan's New Map of Love

Peggy C. Davis and Lizzy Cooper Davis

In her book In a Different Voice (1982), psychologist Carol Gilligan proffered the controversial idea that a psychology of male development could not suffice as a psychology of all human development, both male and female. Since the publication of that revolutionary book, and her later work The Birth of Pleasure (2002), which argued that the pleasure of love is a common human denominator often repressed in a hierarchical culture, Gilligan has been recognized by some scholars as a pioneer of feminist thought and vilified by others as an essentialist and a proponent of gender difference. In Enacting Pleasure, a distinguished group of artists and scholars explores the personal and political implications of Gilligan’s account of pleasure and the human psyche. The contributors to this volume come to Gilligan’s work with a wide-range of perspectives—from those who view her ideas as Eurocentric, heterocentric, Freudian or anti-Freudian to others who see it among the most advanced theories in neuroscience and human biology as well as a blueprint for progressive politics. As a whole, this diverse collection stands as a meditation on the role that love plays in psychology, art and politics.
The Law and Theory of Trade Secrecy: A Handbook of Contemporary Research

Rochelle C. Dreyfuss and Katherine J. Strandburg

This timely Handbook marks a major shift in innovation studies, moving the focus of attention from the standard intellectual property regimes of copyright, patent, and trademark, to an exploration of trade secrecy and the laws governing know-how, tacit knowledge, and confidential relationships. The editors introduce the long tradition of trade secrecy protection and its emerging importance as a focus of scholarly inquiry. The book then presents theoretical, doctrinal, and comparative considerations of the foundations of trade secrecy, before moving on to study the impact of trade secrecy regimes on innovation and on other social values. Coverage includes topics such as sharing norms, expressive interests, culture, politics, competition, health, and the environment. This important Handbook offers the first modern exploration of trade secrecy law and will strongly appeal to intellectual property academics, and to students and lawyers practicing in the intellectual property area. Professors in competition law, constitutional law, and environmental law will also find much to interest them in this book, as will innovation theorists.
Design for Liberty: Private Property, Public Administration, and the Rule of Law

Richard A. Epstein

Following a vast expansion in the twentieth century, government is beginning to creak at the joints under its enormous weight. The signs are clear: a bloated civil service, low approval ratings for Congress and the President, increasing federal-state conflict, rampant distrust of politicians and government officials, record state deficits, and major unrest among public employees. In this compact, clearly written book, the noted legal scholar Richard Epstein advocates a much smaller federal government, arguing that our over-regulated state allows too much discretion on the part of regulators, which results in arbitrary, unfair decisions, rent-seeking, and other abuses. Epstein bases his classical liberalism on the twin pillars of the rule of law and of private contracts and property rights—an overarching structure that allows private property to keep its form regardless of changes in population, tastes, technology, and wealth. This structure also makes possible a restrained public administration to implement limited objectives. Government continues to play a key role as night-watchman, but with the added flexibility in revenues and expenditures to attend to national defense and infrastructure formation. Although no legal system can eliminate the need for discretion in the management of both private and public affairs, predictable laws can cabin the zone of discretion and permit arbitrary decisions to be challenged. Joining a set of strong property rights with sound but limited public administration could strengthen the rule of law, with its virtues of neutrality, generality, clarity, consistency, and forward-lookingness, and reverse the contempt and cynicism that have overcome us.
Why Progressive Institutions Are Unsustainable

Richard A. Epstein

The painful performance of the American economy in the past decade is not a function of bad luck. It is the product of flawed institutional design. Right now we are reaping the harvest of efforts to reinvigorate the progressive programs of the New Deal that stress high progressive taxes, large transfer payments, strong labor laws, and major barriers to free trade. This combination of public finance and market regulation has proved a potent force for disaster. High marginal tax rates expose the political system to strong factional strife that stifles initiative, adds uncertainty and reduces overall revenues. To these multiple ailments, Epstein argues that the best recipe is a return to the flat tax of the classical liberal tradition. The government has committed itself to substituting state mandates for voluntary arrangements in labor and real estate markets, disabling both by retarding job formation and roiling real estate markets. To these multiple ailments, Epstein argues that the best recipe is a reinvigoration of free markets that do not upset voluntary arrangements on the supposed grounds that they are unfair, one-sided or exploitive. Just change these two levers, and we can find an effective classical liberal antidote to excesses of the modern progressive age.
Conflict of Laws in International Arbitration

Franco Ferrari and Stefan Kröll

Irrespective of the increasing harmonization of law at the transnational level, every arbitration raises a number of conflict of laws problems relating to procedural questions as well as to issues concerning the merits of the case. Unlike a state court judge, the arbitrator has no “lex fori” in the proper sense providing the relevant conflict rules to determine the applicable law. This raises the question of what conflict of laws rules to apply and, consequently, of the extent of the freedom the arbitrator enjoys in dealing with this and related issues. The best example of the importance of conflict of laws questions in arbitration is the Vivendi-Elektrim saga where the outcome of the various proceedings depended on the question of characterization. This very beneficial book is dealing with: the arbitration agreement, the jurisdiction of the arbitral tribunal, the law applicable to the merits and the arbitration procedure.
Economic Development: The Critical Role of Competition Law and Policy

Eleanor M. Fox and Abel M. Mateus

Competition law and policy is a topical and relevant field of research which has been analysed from both global and national perspectives. This authoritative research review is the first of its kind to bring together seminal works from leading scholars in economic development and in competition law. It encompasses the most up-to-date and rigorous methodologies of empirical and technical analysis, with a specific focus on the problem of developing countries. This research review discusses the theoretical and political foundations of competition policies versus industrial policies and the raging debate between market-based versus interventionist industrialization policies as well as including the most relevant literature on competition law and enforcement in developing countries, including a cross section and case study perspective.
Open Book: Succeeding on Exams from the First Day of Law School

Barry Friedman and John C.P. Goldberg

Wolters Kluwer Law and Business is known for its essential guides for law school success. Now Open Book : Succeeding on Exams from the First Day of Law School offers today's law students more than simple exam preparation. The authors, both award-winning teachers with a wealth of classroom experience, reveal what professors really look for in exam answers. By linking exam-taking to the actual practice of law, they explain what it means to 'think like a lawyer' in an exam setting, and how to get the most out of classes. Open Book also showcases a distinctive central pedagogy, 'the pinball method of exam-taking,' and provides detailed examples and a wealth of concrete exam-taking techniques. Initial reviewers--including professors teaching core 1L classes, writing instructors and law school administrators--have been unanimous and enthusiastic in their praise. Numerous student reviewers have likewise remarked that it changed their study habits and their entire outlook on law school. With straightforward prose, memorable, and often humorous illustrations, and a unique insider's perspective, Open Book : Succeeding on Exams from the First Day of Law School opens a clear path to law school success
America's Death Penalty: Between Past and Present

David W. Garland, Michael Meranze, and Randall McGowen

Over the past three decades, the United States has embraced the death penalty with tenacious enthusiasm. While most of those countries whose legal systems and cultures are normally compared to the United States have abolished capital punishment, the United States continues to employ this ultimate tool of punishment. The death penalty has achieved an unparalleled prominence in our public life and left an indelible imprint on our politics and culture. It has also provoked intense scholarly debate, much of it devoted to explaining the roots of American exceptionalism. America’s Death Penalty takes a different approach to the issue by examining the historical and theoretical assumptions that have underpinned the discussion of capital punishment in the United States today. At various times the death penalty has been portrayed as an anachronism, an inheritance, or an innovation, with little reflection on the consequences that flow from the choice of words. This volume represents an effort to restore the sense of capital punishment as a question caught up in history. Edited by leading scholars of crime and justice, these original essays pursue different strategies for unsettling the usual terms of the debate. In particular, the authors use comparative and historical investigations of both Europe and America in order to cast fresh light on familiar questions about the meaning of capital punishment. This volume is essential reading for understanding the death penalty in America.
Principles of Products Liability

Mark A. Geistfeld

The varied doctrines, disputes, competing conceptions of liability and responsibility, and leading cases in this area are all discussed in this book. Unlike other books in this subject area, this title fully develops the underlying concepts and then repeatedly shows how the important doctrines can be understood in terms of a few basic principles. The book also provides insights into the processes of the common law, while locating products liability within tort law more generally. The book will be of interest both for the specialized study of products liability and the more general study of tort law.
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).
Local Redistribution and Local Democracy: Interest Groups and the Courts

Clayton P. Gillette

The traditional theory of urban finance argues against local redistribution of wealth on the assumption that such action is likely to chase away the relatively wealthy, leaving only the impoverished behind. Nevertheless, Clayton P. Gillette observes, local governments engage in substantial redistribution, both to the wealthy and to the poor. In this thoughtful book, Gillette examines whether recent campaigns to enact "living wage" ordinances and other local redistributive programs represent gaps in the traditional theory or political opportunism. He then investigates the role of the courts in distinguishing between these explanations. The author argues that courts have greater capacity to review local programs than is typically assumed. He concludes that when a single interest group dominates the political process, judicial intervention to determine a program's legal validity may be appropriate. But if the political contest involves competing groups, courts should defer to local political judgments.
Human Rights, State Compliance, and Social Change: Assessing National Human Rights Institutions

Ryan Goodman and Thomas Pegram

National Human Rights Institutions (NHRIs) – human rights commissions and ombudsmen – have gained recognition as a possible missing link in the transmission and implementation of international human rights norms at the domestic level. They are also increasingly accepted as important participants in global and regional forums where international norms are produced. By collecting innovative work from experts spanning international law, political science, sociology and human rights practice, this book critically examines the significance of this relatively new class of organizations. It focuses, in particular, on the prospects of these institutions to effectuate state compliance and social change. Consideration is given to the role of NHRIs in delegitimizing – though sometimes legitimizing – governments' poor human rights records and in mobilizing – though sometimes demobilizing – civil society actors. The volume underscores the broader implications of such cross-cutting research for scholarship and practice in the fields of human rights and global affairs in general.
Labor Law: Cases, Materials, and Problems

Michael C. Harper and Samuel Estreicher

A rigorous, analytical, modern, and practical approach to the issues and challenges of labor law and labor policy. Features: a comprehensive and thoughtful view of the field of labor law, including issues of reform, economic and labor theory, and the respective roles of the NLRB, arbitrators, and federal and state courts; a highly respected author team, experienced in scholarship, practice, and teaching; a special emphasis on accessibility, manifested in clear, streamlined case editing, lucid explanatory texts, and clear and pointed narratives, notes, and questions throughout; complete, effective pedagogy, including introductory texts, excerpted NLRB and court decisions, Notes & Questions, and references to and excerpts from pertinent articles and books; a problem at the end of each chapter provides instructors with material to test student understanding, accompanied by a problems guide for professors containing suggested approaches to dealing with these problems. Powerpoint slides for each chapter designed for classroom use. New to the Seventh Edition: Includes the most significant developments since the publication of the 5th edition, including the following - an up-to-date rendering of new developments, including consideration of labor reform legislation and reform initiatives by the NLRB; note material comparing the National Labor Relations Act to the Railway Labor Act and public sector labor laws; Note materials on international labor rights and offering comparisons to the labor relations systems of selected developed countries.
Carbon Capture and Storage: Emerging Legal and Regulatory Issues

Ian Havercroft, Richard Macrory, and Richard B. Stewart

Carbon Capture and Storage is increasingly viewed as one of the most significant ways of dealing with green house gas emissions. Critical to realising its potential will be the design of effective legal regimes at national and international level that can handle effectively the challenges raised but without stifling a new technology of potential great public benefit. These include long-term liability for storage, regulation of transport, the treatment of stored carbon under emissions trading regimes, issues of property ownership, and increasingly the sensitivities of handling the public engagement and perception. With the first demonstration plants on the horizon, the last few years have already seen some remarkable legal developments, particularly in Australia, the European Union, and the United States. This important book brings together some of the world’s leading practitioners and scholars working in the field to provide a critical assessment of progress to date. Chapters cover developments in international law, as well as the European Union, North America, and Australia, with perspectives from China and India. Finance and questions of public perception and participation receive particular attention. Throughout the study, authors consider significant trends, critically evaluate progress to date, and identify key legal gaps and obstacles that still need to be addressed. Carbon Capture and Storage will be essential reading for lawyers, policy-makers, and decision-makers in industry involved in climate change policy and law.
Federal Habeas Corpus Practice and Procedure

Randy A. Hertz and James S. Liebman

Prior edition of Federal Habeas Corpus Practice and Procedure.
The Wars of the Romans: A Critical Edition and Translation of De armis Romanis

Benedict Kingsbury and Benjamin Straumann

Was the Roman Empire just? Did Rome acquire her territories through just wars, and did Rome's rule exert a civilizing effect, ultimately beneficial for its subjects? Or was Roman imperialism a massive injustice - the bellicose conquest and absorption of countless peoples and large swaths of territory under false pretences, driven by greed and a lust for domination and glory? In The Wars of the Romans (1599), the important Italian jurist and Regius Professor of Civil Law at Oxford University Alberico Gentili (1552-1608) argues both sides of the debate. In the first book he lays out the case against the justice of the Roman Empire, and in the second book the case for. Gentili's polemic and highly engaging work helped pioneer the use of Roman law and just war theory in what became a leading international law approach to the enduring questions of the justice of empire. Writing in the wake of the first wave of European colonial expansion in the Americas, and relying on models of the controversy about Roman imperialism from Cicero to Lactantius and Augustine, Gentili developed the arguments which were to become pivotal in normative debates concerning imperialism. In this work Gentili, a consummate Roman law scholar, frames the moral and practical issues in a combination of Roman legal terminology and the language of natural law, a combination which was to prove highly influential in the literature from Grotius onward on natural law, the law of nations and. what eventually became international law.
The Making of International Criminal Justice: A View from the Bench: Selected Speeches

Theodor Meron

There has been a quiet revolution over the course of the past quarter century in the prosecution of individuals for war crimes before international courts. Until recently, and with a few notable exceptions in the wake of World War II, violations of the laws of war and international humanitarian law were addressed primarily as claims between states. However, this approach has changed radically in just the last twenty years, as the international community has increasingly accepted the idea of individual criminal responsibility for violations of international humanitarian law. The International Criminal Tribunals for the former Yugoslavia and Rwanda have played a key role in this transformation and, as the trailblazers for a growing number of new international or hybrid criminal courts, in establishing the field of international criminal justice and encouraging the national prosecution of war crimes. Understanding the Tribunals' origins, their ground-breaking jurisprudence, and how they have addressed critical legal and practical challenges is essential to understanding both the revolution that has occurred over the past twenty years and how international criminal law will change and grow in the years ahead. As a leading scholar on humanitarian law, past President of the International Criminal Tribunal for the former Yugoslavia, and Appeals Judge for both the Yugoslavia and Rwanda Tribunals, Theodor Meron has observed and influenced the development of international criminal law as it has evolved from a mostly academic exercise to a cornerstone of the new international legal order. In this collection of speeches delivered during his first decade on the bench, the book offers an insightful overview of the foundations of international criminal law as well as an unique, insider's perspective on the challenges faced by international criminal tribunals, the creation of a corpus of substantive and procedural law regarding everything from sentencing and self-representation to the law of genocide and the protection of prisoners of war, the contributions of other international courts, and the responsibilities of international jurists.
The Ways of a King: Legal and Political Ideas in the Bible

Geoffrey P. Miller

Geoffrey P. Miller argues that the narratives from Genesis to Second Kings present a sophisticated argument for political obligation and for limited monarchy as the best form of government. The Hebrew Bible, in this sense, can be considered as one of the earliest political philosopies of the western world.The Garden of Eden story identifies revelation, consent, utopia, natural law, ownership, power, patriarchy, and justice as bases for political obligation. The stories of life after the expulsion from Eden argue that government and law are essential for a decent life. The Genesis narratives recognize patriarchal authority but also identifies limits based on kinship, higher authority and power. The book of Exodus introduces the topic of political authority, arguing that nationhood strictly dominates over other forms of political organization. The Sinai narratives explore two important sources of authority: revelation and consent of the governed. The book of Joshua presents a theory of sovereignty conceived of as the exclusive and absolute control over territory. The book of Judges examines two types of national government: military rule and confederacy. It argues that military rule is inappropriate for peacetime conditions and that the confederate form is not strong enough to deliver the benefits of nationhood. The books of Samuel and Kings consider theocracy and monarchy. The bible endorses monarchy as the best available form of government provided that the king is constrained by appropriate checks and balances. Contrary to the view of some scholars, no text from Genesis to Second Kings disapproves of monarchy as a form of government. Biographische Informationen Geoffrey P. Miller, J.D. is Stuyvesant Comfort Professor of Law at the New York University Law School.
Trust, Risk, and Moral Hazard in Financial Markets

Geoffrey P. Miller

This book identifies structural features of financial markets that make them vulnerable to the sorts of instability that generated the crisis of 2008-2009. The author explains why trust is an essential feature of these markets, and investigates both why trust works so well to sustain markets in normal times and why it breaks down so quickly in times of crisis. Trust in human societies is protected by three institutions: culture, law, and self-help. While culture and law are important in financial markets, they do not reliably protect trust when the financial instruments in question are very short term in nature (such as bank deposits). Here, the parties must protect themselves by self-help—a reliable protection in ordinary times and a very unreliable one in times of crisis. The author then explores other central features of financial markets, including concepts of moral hazard—the fact that government insurance and bailouts may enhance the risk that financial institutions will take unwarranted risks—and also intellectual hazard—the tendency of complex organizations to make erroneous judgments about risk. The author provides an insightful analysis of the causes of the recent crisis and of the future prospects of the world’s financial system in light of the reforms that countries around the world have undertaken in an attempt to ensure that an event of this type does not happen again.
Fuel Cycle to Nowhere: U.S. Law and Policy on Nuclear Waste

Richard B. Stewart and Jane Bloom Stewart

For twenty-five years, the Yucca Mountain repository in Nevada was designated as the sole destination for disposal of the nation's accumulated stockpiles of highly radioactive nuclear power and weapons wastes. Now the Obama administration has abandoned Yucca, and Congress must pass new laws to solve the resulting disposal crisis. Even as the federal government seeks to expand nuclear power, local communities and states are demanding a credible program for disposal of the wastes that we already have. The Blue Ribbon Commission on America's Nuclear Future, appointed by the Obama administration to develop a plan, is currently conducting hearings. The first comprehensive history and overview of U.S. nuclear waste law and regulation, Fuel Cycle to Nowhere traces sixty years of nuclear weapons programs, the growth of nuclear power, and their waste legacies, the rise of environmentalism, and the responses of federal agencies. Richard and Jane Stewart expertly analyze the changing policies for storing low-level waste, transuranic waste, spent nuclear fuel, and high-level waste and for regulating their transport by rail and by truck. They also chronicle "a tale of two repositories"--one, the Waste Isolation Pilot Plant in New Mexico, known as WIPP, the world's only operating deep geologic nuclear waste disposal facility, which emerged from a contentious but ultimately successful struggle between federal and state interests; the other, Yucca Mountain, mandated top down by Congress and a failure. Fuel Cycle to Nowhere provides the critical information and analysis on the waste disposal issues and solutions that the commission, Congress, the administration, journalists, policymakers, and the public so urgently need. This book is a project of the Consortium for Risk Evaluation with Stakeholder Participation (CRESP), a Vanderbilt University-led, multi-university consortium supported as a cooperative agreement by the U.S. Department of Energy, Office of Environmental This book is a project of the Consortium for Risk Evaluation with Stakeholder Participation (CRESP), a Vanderbilt University-led, multi-university consortium supported as a cooperative agreement by the U.S. Department of Energy, Office of Environmental Management to support safe, effective, publicly credible, risk informed management of existing and future nuclear waste from government and civilian sources through independent strategic analysis, review, applied research and education.
International Law

Joseph H. H. Weiler and Alan T. Nissel

This Critical Concepts series (a Routledge Major Work) is an anthology of influential works on international law. The collection covers the principal facets of both classical and contemporary international law. In making their selection, J.H.H. Weiler and Alan T. Nissel consulted with a wide range of experts and chose those pieces that in their view both shaped the field and have illuminated its contours. These articles have, or are expected to have, considerable “staying power.” By juxtaposing classical with more contemporary articles, this anthology illustrates the motion of international law—the evolution of doctrine, practice and historiography of the field. The series begins with a consideration of the fundamental systemic (Volume I) and conceptual (Volumes II and III) features of International Law. It then maps out substantive aspects (Volumes IV and V). The collection concludes (Volume VI) with what the authors call “multi-inter-disciplinary” approaches to the field.
A Thousand Times More Fair: What Shakespeare's Plays Teach Us About Justice

Kenji Yoshino

In A Thousand Times More Fair, Kenji Yoshino, celebrated law professor and author of the acclaimed memoir Covering, offers a fresh reading of a dozen seminal Shakespeare plays to show how they provide parable of justice relevant to our lives today. Yoshino examines how models of judging presented in Measure for Measure resurfaced during the confirmation hearings for Justice Sonia Sotomayor; how the obsession with the "white handkerchief" in Othello was replicated in the "black glove" of the O.J. Simpson trial; how the vigilantism created by the weak state in Titus Andronicus has unfolded again in the war on terror in the years since the 9/11 attacks; and much more. A provocative and insightful book, A Thousand Times More Fair reveals Shakespeare's canon to be an ideal starting point to explore the nature of a just society - and our own.
Lawyering

Anthony G. Amsterdam, Peggy C. Davis, and Aderson Bellegarde François

Written for the use of students in the Lawyering Program at New York University School of Law.