Faculty Books & Edited Works

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  Patriarchal Religion, Sexuality, and Gender: A Critique of New Natural Law

  Nicholas Bamforth and David A.J. Richards

  Legal theorists are familiar with John Finnis's book Natural Law and Natural Rights, but usually overlook his interventions in US constitutional debates and his membership of a group of conservative Catholic thinkers, the 'new natural lawyers', led by theologian Germain Grisez. In fact, Finnis has repeatedly advocated conservative positions concerning lesbian and gay rights, contraception and abortion, and his substantive moral theory (as he himself acknowledges) derives from Grisez. Bamforth and Richards provide a detailed explanation of the work of the new natural lawyers within and outside the Catholic Church - the first truly comprehensive explanation available to legal theorists - and criticize Grisez's and Finnis's arguments concerning sexuality and gender. New natural law is, they argue, a theology rather than a secular theory, and one which is unappealing in a modern constitutional democracy. This book will be of interest to legal and political theorists, ethicists, theologians and scholars of religious history.

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  The New Latin American Left: Utopia Reborn

  Patrick S. Barrett, Daniel Chavez, and César Rodríguez-Garavito

  In the last few years, there has been a resurgence of social movements and left parties in Latin America with a strength and power unparalleled in the recent history of the region. Left and left-of-centre political forces with different historical trajectories and ideological nuances have achieved first municipal power and later national office in several Latin American countries. At the same time, social movements—from indigenous and peasant movements in Bolivia, Ecuador and Mexico to the piquetero movement in Argentina—have become central forces in the political life of those countries, to the point of decisively shaping the profile and rhythm of change of local and national governments. The most recent and visible example of the advance of the left is the election of Fernando Lugo as President of Paraguay, a country with a very long tradition of rule by the right and ultra-right. The victory by the Catholic Bishop and leader of the Alianza Patriótica para el Cambio (APC, Patriotic Alliance for Change) put an end to 61 years of authoritarian and corrupt administration by the Colorado Party (PC), the same party that had sustained the brutal dictatorship of Alfredo Stroessner. In statements recorded in the Spanish newspaper El País, Lugo declared that the electoral results of 20 April 2008 amounted to “a victory for the new Latin American left” and that his government would be based on a “preferential option for the poor”. This resurgence has taken social and political analysts by surprise, and their work is thus yet to take systematic account of them. As for the few analyses that do exist—thoroughly reviewed in Chapter I—two gaps are discernible. One is a lack of comparative or regional perspective. The other is the lack of an overview of the left that includes parties, governments and social movements, and the relationships between these three types of political actors, as work to date has tended to concentrate only on either partisan politics or on grassroots moblisation. This book is a product of the realisation that there is a gap to bridge between recent political trends and actual research-based knowledge about them. In an effort to provide such a bridge, we organised a three-year study on the emergence and consolidation of a new Latin American left. Due to the breadth and the explicitly comparative character of the project, we invited a group of Latin American political and social analysts with outstanding academic track records to examine the past, present and future of the left in their countries of origin. On the basis of a common research agenda and the collective discussion of drafts, authors analysed parties, governments and social movements in ten countries: Argentina, Bolivia, Brazil, Colombia, Ecuador, El Salvador, Mexico, Nicaragua, Uruguay and Venezuela. Seven case studies were finally included in this volume, with those on Ecuador, El Salvador and Nicaragua being excluded for strictly editorial reasons. The country studies are complemented by an introductory text and two essays taking a broader look at the new left in Latin America. The original studies were presented at an international conference on The New Latin American Left: Origins and Future Trajectory, held in Madison on 29 April 29 to 2 May 2004 and jointly organised by the A.E. Havens Center for the Study of Social Structure and Social Change at the University of Wisconsin-Madison and the Amsterdam-based Transnational Institute (TNI). The conference offered an unprecedented space for constructive, critical dialogue involving both activists and analysts, authors of the case studies as well as political and social leaders of the left in ten countries. The participation of social and political leaders enriched not only the quality and depth of debate at the meeting, but also the subsequent exchanges around the case studies resulting in this book. . . . A first version of this book was published in Spanish in April 2005: La Nueva Izquierda en América Latina: Sus Orígenes y Trayectoria Futura (Bogota: Grupo Editorial Norma). Given the rapid succession of developments in Latin America since the previous edition’s publication—in which history appears to be advancing at a much more accelerated pace than in other regions in the world—all the texts of the original version were revised and updated by the authors through May 2007 (with some subsequent corrections).

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  Regulating Labour in the Wake of Globalisation: New Challenges, New Institutions

  Brian Bercusson and Cynthia Estlund

  In recent decades, the prevailing response to the problem of unacceptable labour market outcomes in both Europe and North America - national regulation of labour standards and labour relations, coupled with collective bargaining - has come under increasing pressure from the economic and technological forces associated with globalisation. As those forces have shifted power away from national governments and labour unions and toward capital, the appropriate institutional locus of labour regulation has become hotly contested. There have been efforts to move the locus of regulation downward to smaller units of governance, including firms themselves, upward to larger units such as regional federations and international organizations, and outward to non-governmental organizations and civil society. In this volume, labour relations scholars from North America and Europe examine the efficacy of these emerging forms of labour regulation, their democratic legitimacy, the goals and values underlying them, and the appropriate direction of reform.

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  Securities Regulation: Cases and Analysis

  Stephen J. Choi and A. C. Pritchard

  This casebook seeks to make both securities markets and securities regulation accessible and manageable, helping students to master the basic principles and structure of securities regulation and enabling them to begin their careers as corporate lawyers with confidence.

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  Securities Regulation: The Essentials

  Stephen J. Choi and A. C. Pritchard

  Securities Regulation: The Essentials is part of Aspen’s new Essentials Series, which takes a “forest rather than the trees” approach to teaching. This concise paperback concentrates on the fundamentals of Securities Regulation and uses a relaxed, personal style to explain them. Suitable for use with any casebook, this text will help students recognize and understand common themes and will precipitate understanding of the topics under discussion. Written by Stephen J. Choi and A.C. Pritchard, two well-regarded young securities regulation scholars in the country today, this outstanding resource: begins with an introduction to the role of information in the decision making processes of investors, then takes up various topics in securities regulation using the framework developed in the first part of the text; examines the underlying business problems facing issuers and investors in securities regulation; takes a problem-and-solution approach that allows the professor to ask whether the solution currently provided by the law is the best solution and what alternatives should be considered. Students will find the nuts-and-bolts approach of Securities Regulation: The Essentials reassuring and illuminating. Require or recommend this straightforward text for use alongside your casebook and watch student comprehension soar.

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  EU Law: Text, Cases, and Materials

  Paul Craig and Gráinne de Búrca

  Written by two prominent experts in the field, the fourth edition of the market-leading EU Law: Text, Cases and Materials offers the reader an authoritative and comprehensive guide to the main fields of EU Law, both institutional and substantive. Through the distinctive mix of 50% text and50% cases and materials, the fully revised and updated fourth edition addresses the significant recent developments in EU legislation, including four new chapters on topics of central importance.The new enlarged format includes a two-colour text design which easily distinguishes between author commentary and cases and materials.Craig and de Burca's EU Law: Text, Cases and Materials is the bestselling EU Law textbook - recommended by many institutions as a core text for LLB courses and trusted by thousands of students to provide an authoritative commentary on EU Law.

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  Learning the Logic of Subchapter K: Problems and Assignments for a Course in the Taxation of Partnerships

  Laura E. Cunningham and Noël B. Cunningham

  This product provides a complete set of partnership taxation problems for use in the classroom. Each problem contains assignments related to the text as well as the Code and regulations, and suggested additional reading.

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  A History of the Hays Program, 1958-2008

  Norman Dorsen, Sylvia A. Law, Helen Hershkoff, Gabrielle Prisco, and Kathryn Sabbeth

  This history is a tribute to the extraordinary work conducted over the last half century by the 272 law students who have been Fellows in the Arthur Garfield Hays Civil liberties Program at New York University School of Law, including its subsidiary, in the late 1960s, the project on social Welfare Law. This book consists of the Program’s founding documents and annual reports for each of its 50 years, starting with 19858-1959. The history also include a short biographical statement on Arthur Garfield Hays, an Overview to provide a general history of the Hays Program, and a Note on Methodology. With the encouragement of my colleagues, Sylvia Law and Helen Hershkoff, I began working on this history two years ago. I have known all but one of the 272 Hays Fellows, and I have worked with most of them. They are an outstanding group of men and women who are devoted to the public interest as any body of people I have known in the civil liberties movement or elsewhere. The Program has of course changed over the years because of the personalities of the Fellows, that nature of their assignments, and the addition of new Directors. In addition, there are trends in civil liberties that bring different issues to the forefront as society evolves, although I always keep in mind Roger Baldwin’s frequent warning that “no civil liberties victory ever stays won.” In addition, each Hays Fellow brings a different perspective to the Program, and each year there is a different chemistry within the group. It was through the Hays Program that I began my work with the ACLU and other organizations. Whatever I have done through these institutions, my devotion to the Hays Program is as strong as ever, and I count myself fortunate that I have had the opportunity to serve as a Director of the Program for almost half a century. There are some important features of the Hays Program that merit special mention. One is that the faculty Directors have done all the administrative work and supervision of Fellows without an executive director or other staff, except for a series of talented secretaries/assistants. Thus, close personal bonds were created between Norman (from 1961), Sylvia (from 1977), and Helen (from 2000) with each of the Hays Fellows. This has deepened the experience for all of us, on the professional and personal level. Another reason for the close relationships that have developed has been the small number of Fellows. There were as many as five Fellows in only two of the first twelve years of the Program, and never more than five. Since then the number has fluctuated between four and seven. Every Fellow gets to know the other Fellows in his or her years and the Directors very well. A side effect of this cap on the number of Fellows is that we regretfully must reject many applicants of the highest quality and civil liberties commitments. The situation became more complicated in the late 1970s, when the Hays Fellows began to do most of their work with public interest lawyers at their offices. The new arrangement provided the Fellows with much valuable insight gleaned from those who were working so to speak on the front lines, rather than directly with Norman, or later, Norman and Sylvia. In order to maintain strong personal relationships among Fellows and Directors, the Program made several moves. We instituted frequent seminars for which Fellows rotate in preparing a report on their current work for discussion by the group. We also invite a former Fellow to meet with current Fellows each semester to discuss their year as a Fellow and their subsequent careers, whether in public interest firms, government service, teaching or the private practice of law with its attendant opportunities for pro bono contributions. And we have brought the Fellows more centrally into the process of selecting new Fellows. We want to salute the early work by the Program’s first Directors, Professor Donald Wollett (1958-1959) and Professor Paul Oberst (1959-1960), and the more recent contribution of Professor Michael Wishnie, who served as a Director from 2002 to 2006, and who is now a professor at Yale Law School.

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  Intellectual Property: Principles Governing Jurisdiction, Choice of Law, and Judgments in Transnational Disputes: As Adopted and Promulgated by the American Law Institute at San Francisco, California, May 14, 2007

  Rochelle C. Dreyfuss, Jane C. Ginsburg, and François Dessemontet

  This work provides best practices for resolving transnational intellectual property disputes. These principles adapt traditional legal concepts to the world of the Internet and foster coordination among jurisdictions. The work covers personal and subject matter jurisdiction, title and transfer rights, and recognition and enforcement of foreign judgments.

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  Cases and Materials on Torts

  Richard A. Epstein

  Well-known Torts expert Richard A. Epstein skillfully and effectively integrates modern scholarship and historical background in this highly successful casebook. Cases and Materials on Torts, now in its Ninth Edition, Is an excellent introduction To The first-year Torts course that has been classroom-tested – and proven – by generations of law students. Characteristics that have helped to make Cases and Materials on Torts a leader in the field include: Outstanding authorship : Richard A. Epstein is a well-known and highly respected expert in the field, and his presentation of the material with a definite economics-based point of view engages students and fuels class discussion Traditional approach : Cases are integrated with modern scholarship on moral theory, law and economics, and salient policy questions Thoughtful presentation : Professor Epstein examines the processes of legal method, legal reasoning, And The impact of legal rules on social institutions and exposes students to different intellectual approaches that have been employed to interpret tort law over the years Historical background : Discussion of the historical backdrop provides students with an accurate sense of Tort Law and its development up To The present comprehensive Teacher’s Manual : Professor Epstein shares proven teaching tips Continuing the past tradition of this widely used casebook, The Ninth Edition has been updated with: updated coverage of the growth in the doctrines of federal preemption into Tort Law, including whether compliance with a federal regulation blocks a state tort action coverage of the role of cyberspace in tort law, especially on the property torts, such as conversion New cases and updated notes throughout Well written and insightful, this venerable casebook provides a firm introduction to torts for first-year students, giving them a sense of the historical underpinnings of tort law as well as exposure to different intellectual approaches to interpreting it. An author website to support classroom instruction using this title is available at http://www.aspenlawschool.com/epstein9

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  Supreme Neglect: How To Revive Constitutional Protection for Private Property

  Richard A. Epstein

  As far back as the Magna Carta in 1215, the right of private property was seen as a bulwark of the individual against the arbitrary power of the state. Indeed, common-law tradition holds that "property is the guardian of every other right." And yet, for most of the last seventy years, property rights had few staunch supporters in America. This latest addition to Oxford's Inalienable Rights series provides a succinct, pointed look at property rights in America--how they came to be, how they have evolved, and why they should once again be a mainstay of the law. Richard A. Epstein, the nation's preeminent authority on the subject, examines all aspects of private property--from real estate to air rights to intellectual property. He takes the reader from the strongly protective property rights advocated by the framers of the Constitution through to the weak property rights supported by Progressive and liberal politicians of the twentieth century and finally to our own time, which has seen a renewed appreciation of property rights in the aftermath of the Supreme Court's landmark Kelo v. New London decision in 2005. The author's own powerful defense of property rights threads through the narrative. Using both political theory and economic analysis, Epstein argues that above all that private property is a sound social institution, and not just an excuse for selfishness and greed. Only a system of private property lets people form and raise families, organize religious and other charitable organizations, and earn a living through honest labor. Supreme Neglect offers a compact, incisive look at this hotly contested constitutional right, championing property rights as an essential social institution.

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  Global Issues in Employment Law

  Samuel Estreicher and Miriam A. Cherry

  This book is designed to facilitate the introduction of international, transnational, and comparative law issues into an employment law course. The chapters can be used in any combination and in any order. The book can be assigned or recommended as optional reading to supplement a domestic employment law course.

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  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 plaintiff and defense side, this book enables a one-semester treatment of the full range of employment discrimination laws as well as the core subjects of an employment law offering. It provides complete analysis of laws designed to protect individuals from employment decisions that affect them unfairly because of their race, color, sex, age, disability or other protected characteristic . Also considers 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. Treats the common law of the employment relationship. Considers also the enactment of wage-hour, pension and other minimum terms laws to establish regulatory floors for private negotiation of employment contracts. Takes up the procedural design of regulatory systems for employment relationships and questions of coordination of multiple systems, including in-depth consideration of class actions, collateral estoppel and arbitration issues.

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  Cases and Materials on Employment Law

  Samuel Estreicher and Michael C. Harper

  While growing out of our larger text on Employment Discrimination and Employment Law, this book is intended for use in a stand-alone, three-hour course in Employment Law. We cover the ranges of questions that a practitioner in employment law is likely to need to master in order competently to represent clients. This text addresses the threshold inquiry whether the relationship at issue is an employment relationship; the American rule on employment-at-will and its growing contract and tort exceptions; actions claiming retaliation under federal and state laws, and related claims for violation of public policy; privacy contentions in the workplace; minimum wage and overtime violations; employee benefits claims; post-employment restraints; and an integrated presentation of procedural systems and their coordination. In short, everything the employer lawyer should know, other than employment discrimination law and labor law, is treated in this book, and in a manner that develops the interrelationship of doctrines across bodies of law, and emphasizes issue of practical as well as theoretical import. The notes and questions that follow the principal readings are designed to expose the student to the emerging cutting-edge issues in the particular area. The note material is intended primarily as a teaching tool rather than as a vehicle for expressing our particular viewpoints. In this text, as in the first edition, we have not tried to reach complete consensus concerning the wording and the balance of each of our notes. Although each author offered close and extensive editing of all chapters, each chapter in this book was the primary responsibility of only one of the authors, and that author had the final authority to determine its contents.

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  Global Issues in Employment Discrimination Law

  Samuel Estreicher and Brian Landsberg

  This casebook emphasizes primary materials (statutes, European Union directives, regulations, guidelines, and cases) that have been edited to facilitate classroom discussion. Accessible to both professors and law students, the primary material is enhanced by brief notes and questions. The book can be assigned or recommended as optional reading to supplement a domestic-only employment discrimination law course, or serve as the basis of a stand-alone seminar, to advance the students' understanding of their own system and the kinds of issues they will face in an era of globalization.

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  Employment Law

  Samuel Estreicher and Gillian Lester

  This textbook is a one-volume treatment of the basic analytical structure and legal policy issues informing U.S. employment law. The full range of the subject matter is examined with chapters on defining employees (as opposed to independent contractors), employment contracts, employment torts, workplace privacy, post-termination restraints and workplace intellectual property issues, employee benefits, wage-hour laws, occupational safety, workers' compensation, and unemployment compensation.

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  Contracts: Cases and Materials

  E. Allan Farnsworth, William F. Young, Carol Sanger, Neil B. Cohen, and Richard R. W. Brooks

  The course in Contracts serves at least two purposes. It is a law school’s first course in commercial law, and so provides the foundation for advanced offerings in the area, and ultimately for professional practice. It has also a more ambitious function, for teachers have long believed—rightly, we think—that contract law is exceptionally well suited to the development of a “legal mind”: respect for sources, skepticism of loose generalizations, and disciplined creativity in the use of legal materials. Judicial opinions are the major component of this casebook and are intended as the primary vehicle for instruction. But they are not the only vehicle. The book also features relevant statutes (notably parts of the Uniform Commercial Code), and formulations of the common law expressed in the Restatement of Contracts. To facilitate understanding, we have provided commentaries at various points, especially at the outset of a chapter or section. A number of principal cases are preceded by “Introductions” that provide settings for the cases in history, in law, in commerce, and the like. At appropriate points the book include perspective on some major categories of transactions, such as family agreements, real-estate transactions, and sales of good. Some topics are presented largely in text, especially those dominated by legislation or by commercial practice. Through notes and problems, students are provided with texts of their understanding, opportunities for reflection, connections among principles and cases, and sometimes with sidelights. Students are asked repeatedly how litigation might have been prevented by skillful counseling or drafting. The book contains an array of questions about competing policies, and of opinions about them. These, we believe, are essential to an understanding of the law of contracts, as of other bodies of law. We have sought to avoid pressing on readers our individual conceptions of broad social policy.

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  Civil Procedure

  Jack H. Friedenthal and Arthur R. Miller

  This book provides a comprehensive analysis of civil procedure, convenient for class or exam preparation. It provides clear and concise explanations of legal concepts and terms, along with exam hints, strategies, mnemonics, charts, tables, and study tips. It includes self-testing and diagnostic review questions and case squibs, which are capsule summaries of significant cases identifying important facts, primary issues, and relevant law. It also provides a casebook table, which keys to relevant pages of leading casebooks, and numerous essay and multiple-choice questions with model answers and detailed explanations. A study guide offers suggestions for the critical hours before an exam.

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  Civil Procedure: Cases and Materials

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

  The revised ninth edition of this popular casebook fully reflects the restyled Federal Rules of Civil Procedure and covers important new Supreme Court cases on pleading, federal jurisdiction, summary judgment, and due process. The revised edition integrates and does not simply add recent decisions, including Bell Atlantic, Flowers, and Grable. The cases are carefully edited and followed by notes and questions. This revised edition also treats the latest electronic discovery amendments and addresses significant developments in class-action practice. As has been the practice with all of the past editions, the casebook offers a substantial emphasis on the operation of the Federal Rules of Civil Procedure, but also draws comparisons with state and international practice. Because courses in civil procedure vary greatly as to the hours allotted, we have designed and revised this casebook for maximum flexibility in terms of an individual classroom's coverage, depth, sensibility, and emphasis. The casebook is accompanied by an up-to-date Supplement that includes not only the federal statutes and rules governing procedure, but also comparative state provisions. A number of other materials, such as Advisory Committee notes, proposed rule alternatives, and local court rules, also are included. The Supplement contains, as well, a litigation time chart and an illustrative problem, showing how a case develops in practice and samples of the documents that actually might have formed a portion of the record

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  Tort Law: The Essentials

  Mark A. Geistfeld

  Tort Law: The Essentials is part of Aspen’s new Essentials Series, which takes a “forest rather than the trees” approach by first exposing students to the subject as a whole before delving deeply into individual legal rules. This insightful paperback concentrates on the fundamentals and uses an informal, personal style to explain the essential concepts and doctrines of tort law. Suitable for use with any casebook, this resource will help students recognize and understand how common themes enhance their ability to comprehend doctrinal issues. Written by Mark Geistfeld, a nationally known and respected authority in torts and products liability, this exceptional text: explains the historical development of tort law, showing students how the law has evolved and why it has become so politicized; develops the important concepts, giving students the analytical tools they need to grasp the fundamental aspects of tort law; presents the essential doctrines, including intentional torts, negligence, strict liability, and damages in a clear, to-the-point manner that eliminates the need for students to seek out the black-letter rules from commercial outlines. No matter which casebook you use in your classroom, you will find Tort Law: The Essentials to be an excellent choice for your students. Once you examine a copy of this outstanding paperback, you will not hesitate to require or recommend it.

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  Regulation of Lawyers: Statutes and Regulations

  Stephen Gillers and Roy D. Simon

  No matter which casebook you use for your professional responsibility course, this highly-regarded supplement is the ideal source for the latest rules regulating the behavior of lawyers and judges. To ensure timely coverage of the most up-to-the-minute developments, be sure to add Regulation of Lawyers: Statutes and Standards, 2008 Edition to your teaching tools. This 2008 Edition offers: Completely up-to-date ABA Model Rules; Federal statutes and regulations; California, New York, and District of Columbia materials; Restatement of the Law Governing Lawyers.

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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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  Trial Manual for Defense Attorneys in Juvenile Court

  Randy A. Hertz, Martin Guggenheim, and Anthony G. Amsterdam

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  An Optimistic Heart: What Great Universities Can Give Their Students...and the World

  Jeffrey S. Lehman

  Jeffrey Sean Lehman used his voice as Cornell University's eleventh president to stimulate reflection on deeply important issues. Whether speaking to students and parents, to his faculty colleagues, or to alumni, he asked his listeners to join him in a shared exploration of questions without clear answers. This volume presents some of President Lehman's most thought-provoking speeches in a three-part collection. The first set of speeches addresses students, either as they begin college or as they graduate. Drawing on resources as varied as The Big Lebowski, Sophocles, John Keats, Kurt Vonnegut, and "The Simpsons," Lehman guides his listeners to engage with one another and with the moral dilemmas of modern life. The second set of speeches concerns Cornell itself. Lehman calls upon his listeners to engage in the project of renewing their "revolutionary and beloved" university. He builds on their response to that call to formulate an agenda through which Cornell might most effectively deploy its distinctive intellectual resources. The third set of speeches addresses Cornell's response to several difficult challenges confronting humanity in the twenty-first century. The subjects are daunting: integration, globalization, life in the age of the genome, wisdom in the age of digital information, and sustainability in the age of development. In each case, however, one encounters Lehman's characteristic humor, his optimism, and his enduring faith in the power of humanism and science working together. In a concluding chapter, President Lehman reflects on the speeches in this volume -- what worked and what didn't -- and on the more general question of how to prepare a speech that holds an audience's attention as it explores a complex subject.

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  Fighting for the City: A History of the New York City Corporation Counsel

  William E. Nelson