Faculty Books & Edited Works

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  Cambridge Compendium of International Commercial and Investment Arbitration

  Stefan Kröll, Andrea Bjorklund, and Franco Ferrari

  The Compendium, like an encyclopedia, contains entries for most of the foundational principles and concepts underlying arbitration. Each entry takes a holistic view of international arbitration, as they tackle core concepts from both a commercial and an investment arbitration perspective, focusing on the fundamental issues underlying the various topics rather than on the solutions adopted in any particular jurisdiction, thus making the Compendium a truly cross-border, transnational resource. This innovative approach will allow readers to identify the commonalities as well as the differences between commercial and investment arbitration, whether and where cross-fertilization has taken place and what consequences it can have. This approach allows the Compendium to be a tool in promoting the creation of a culture of international arbitration that considers commercial arbitration and investment arbitration as part of a whole but with certain distinct features particular to each.

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  Legislative Process

  Abner J. Mikva, Eric Lane, Michael J. Gerhardt, and Daniel J. Hemel

  This casebook provides a unique, in-depth examination⁠—and inside view⁠—of how Congress makes laws, organizes committees, undertakes oversight and investigations, makes rules for internal governance, organizes committees, and interacts with other federal branches and states. Legislative Process is the only casebook that provides in-depth coverage of the goals, structures, processes, powers, and rules of Congress and its committees and subcommittees. With its extraordinarily impressive authorship team consisting of Abner J. Mikva, Eric Lane, Michael Gerhardt, and Daniel Hemel (each of whom has had significant legislative experience), this important casebook serves as an insider's perspective on the legislative process. The book takes a practical and process-oriented approach. It provides historical context on the role and drafting and interpretation of statutes, and includes extensive use of primary materials, including bills and statutes, committee reports and debates, legislative rules, constitutional provisions and other legislative authorities, and judicial decisions. New to the Fifth Edition: up-to-date legislative and judicial developments regarding the Voting Rights Act of 1965, the Affordable Care Act, the budget process, and other landmark congressional statutes; in-depth analyses of the two impeachments of Donald Trump and Supreme Court confirmation proceedings over the last few decades; comprehensive analysis of the mechanisms, besides impeachment, for holding presidents accountable for their misconduct; consideration of various proposals for reforming the federal law-making process. Professors and students will benefit from: the detailed descriptions of the law-making process within Congress; comprehensive analysis of the relative scope of major congressional powers; inside accounts of legislative activities, including committee and subcommittee work; the use of the casebook as a handbook for anyone interested in knowing more, or working in, Congress or state legislatures. Teaching materials include: Congressional debates; reports of the Congressional Reserve Service; landmark Supreme Court decisions on legislative power and process.

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  Intellectual Property: Patents, Trademarks, and Copyright in a Nutshell

  Arthur R. Miller, Michael H. Davis, and Dana Neascu

  Authors emeritus professor Michael Davis and famed Harvard professor Arthur Miller provide authoritative coverage on the foundations of patents, trademarks, and copyright laws. Authoritative treatment of all relevant doctrines and the latest statutory and judicial changes, with up-to-date coverage provided by associate professor of legal research, Dana Neacşu. Text further addresses relevant torts, property, antitrust, regulatory, and federalism intersections with intellectual property law.

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  Love and Violence: Insights from Shakespeare on Ethics, Psychology, Theater and Law

  David A.J. Richards

  This book offers both a philosophical and psychological theory of an aspect of human love, first noted by Plato and used by Freud in developing psychoanalysis (transference love), namely, lovers as mirrors for one another, enabling them thus better to see and understand themselves and others. Shakespeare’s art makes the same appeal—theater as a communal mirror—expressing the artist holding a loving mirror for his culture at a point of transitional crisis between a shame and guilt culture. The book shows how Shakespeare’s plays offer better insights into the behavior of violent men than Freud’s, based on close empirical study of violent criminals; develops a theory of violence rooted in the moral emotions of shame and guilt; and a cultural psychology of the transition from shame to guilt cultures. The work argues that violence is, contra Freud, not an ineliminable instinct in the nature of things, requiring autocracy, but arises from patriarchally inflicted cultural injuries to the love of equals that undermine democracy, and that only a therapy based on love can address such injuries, replacing retributive with restorative justice, and populist fascist autocracy with constitutional democracy. Love, thus understood, underlies a range of disparate phenomena: the appeal of Shakespeare’s theater as a communal art; the role of love in psychoanalysis; in Augustine’s conception of love in religion (disfigured by his patriarchal assumptions); in Kant’s anti-utilitarian ethics of dignity; in a naturalistic ethics that roots ethics in facts of human psychology; the role of law in democratic cultures as a mirror and critique of such cultures; and the basis of an egalitarian theory of universal human rights (inspired by Kant and developed, more recently, by John Rawls). In all these domains, uncritically accepted forms of culture (the initiation of men and women into patriarchy) traumatize the love of equals, and thus disfigure and distort our personal and political lives.

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  Global Sustainable Cities: City Governments and Our Environmental Future

  Danielle Spiegel-Feld, Katrina M. Wyman, and John Coughlin

  Perspectives from worldwide experts on how major cities across the globe are responding to the major environmental threats of our time, including global climate change Over half of the world's population now lives in cities, and this share is expected to increase in the coming decades. With growing urbanization, cities and their residents face substantial environmental challenges such as higher temperatures, droughts, wildfires, and increased flooding. In response to these pressing challenges, some cities have begun to develop local environmental regulations that supplement national and environmental laws. In so doing, cities have stepped into a role that has been historically dominated by higher levels of government. Global Sustainable Cities takes stock of the policies that have been implemented by cities around the world in recent years in several key areas: water, air pollution, greenhouse gas emissions, and climate adaptation. It examines the advantages--and potential drawbacks—of allowing cities to assume a significant role in environmental regulation, given the legal and political constraints in which cities operate. The contributors present a series of case studies of the actions that seven leading cities—Abu Dhabi, Beijing, Berlin, Delhi, London, New York, and Shanghai--are taking to improve their environments and adapt to climate change. The first volume of its kind, Global Sustainable Cities is a critical comparative assessment of the actions that major cities in the global North and South are taking to advance sustainability.

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  Charting Limitations on Trademark Rights

  Haochen Sun and Barton C. Beebe

  Trademark scholarship has to date focused largely on the protection of trademark rights against consumer confusion and trademark dilution. Studies of limitations on trademark rights, meanwhile, have remained relatively peripheral, especially in jurisdictions outside of the United States. However, this treatment is incongruous with the importance of the limitations, such as descriptive and nominative uses, in promoting freedom of commerce, market competition, free speech, and cultural dynamics. Against this backdrop, Charting Limitations on Trademark Rights is the first comprehensive academic volume exploring limitations on trademark rights from both the theoretical and comparative perspectives. The volume presents new theoretical ideas justifying trademark rights limitations, re-examines their nature, delineates their scope, and offers comparative studies.

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  Thoughtfulness and the Rule of Law

  Jeremy Waldron

  An essential study of the rule of law by one of the world’s leading liberal political and legal philosophers. The meaning and value of the rule of law have been debated since antiquity. For many, the rule of law has become the essence of good government. But Jeremy Waldron takes a different view, arguing that it is but one star in a constellation of ideals that define our political morality, ranking alongside democracy, human rights, economic freedom, and social justice. This timely essay collection, from one of the most respected political philosophers of his generation, is a brief on behalf of thoughtfulness: the intervention of human intelligence in the application of law. Waldron defends thoughtfulness against the claim that it threatens to replace the rule of law with the arbitrary rule of people. To the contrary, he argues, the rule of law requires thoughtfulness: it is impossible to apply a standard such as “reasonableness” on the basis of rules alone, and common legal activities like arguing in court and reasoning from precedents are poorly served by algorithmic logics. This rich compilation also addresses the place of law in protecting human dignity, the relation between rule of law and legislation, and whether vagueness in the law is at odds with law’s role in guiding action. Thoughtfulness and the Rule of Law emphasizes the value of procedures rather than the substance or outcome of legal decisions. Challenging the view that predictability and clarity are cardinal virtues, Waldron shows that real-world controversies often are best approached using a relatively thin concept of the rule of law, together with the thoughtfulness that a legal system frames and enables.

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  Wright and Miller's Federal Practice and Procedure

  Charles A. Wright, Arthur R. Miller, and Edward H. Cooper

  Comprehensive and authoritative coverage of all aspects of federal civil, criminal and appellate procedure, including rules of civil, criminal, and appellate procedure, rules of evidence, the federal judicial system, jurisdiction of all federal courts, venue, removal of cases, res judicata, relation of state and federal courts, multidistrict litigation, and more. Provides extensive analysis of each rule as interpreted and applied by the federal courts and affected by related statutes and rules. Includes official forms adopted with the rules. Contains numerous tables and couples key words, ideas, and legal concepts to index and cited decisions, statutes, and other relevant materials.

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  Say the Right Thing: How to Talk About Identity, Diversity, and Justice

  Kenji Yoshino and David Glasgow

  In the current period of social and political unrest, conversations about identity are becoming more frequent and more difficult. On subjects like critical race theory, gender equity in the workplace, and LGBTQ-inclusive classrooms, many of us are understandably fearful of saying the wrong thing. That fear can sometimes prevent us from speaking up at all, depriving people from marginalized groups of support and stalling progress toward a more just and inclusive society. Kenji Yoshino and David Glasgow, founders of the Meltzer Center for Diversity, Inclusion, and Belonging at NYU School of Law, are here to show potential allies that these conversations don't have to be so overwhelming. Through stories drawn from contexts as varied as social media posts, dinner party conversations, and workplace disputes, they offer seven user-friendly principles that teach skills such as how to avoid common conversational pitfalls, engage in respectful disagreement, offer authentic apologies, and better support people in our lives who experience bias. Research-backed, accessible, and uplifting, Say the Right Thing charts a pathway out of cancel culture toward more meaningful and empathetic dialogue on issues of identity. It also gives us the practical tools to do good in our spheres of influence. Whether managing diverse teams at work, navigating issues of inclusion at college, or challenging biased comments at a family barbecue, Yoshino and Glasgow help us move from unconsciously hurting people to consciously helping them.

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  Local Government Law: Cases and Materials

  Lynn A. Baker, Clayton P. Gillette, and David Schleicher

  This casebook explores the unique roles that local governments play in the federal system and in providing local public goods. After considering the distinct characteristics of local governments, the book explores three relationships involving local governments: the relationship between the locality and the state (home rule and pre-emption), the relationship between the locality and its residents (service provision, revenue raising, economic development, local redistribution, the structure of local governments), and the relationship between the locality and neighboring localities (interlocal cooperation, interlocal conflict, and regional burden sharing). This edition includes new sections on public employee pensions, the “new preemption,” and the influence of the COVID-19 pandemic and working from home on location decisions and local administrative law. It also includes increased discussion of the local implications of racial injustice and economic inequality, as well as additional coverage of zoning and qualified immunity.

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  Trademark Law: An Open-Source Casebook

  Barton C. Beebe

  Prior edition of Trademark Law: An Open-Access Casebook - covers all aspects of American federal trademark law, including the creation, maintenance, and enforcement of trademark rights. The casebook also addresses right of publicity protection, false advertising law, and international aspects of trademark protection.

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  Administrative Law and Regulatory Policy: Problems, Text, and Cases

  Stephen G. Breyer, Richard B. Stewart, Cass R. Sunstein, Adrian Vermeule, and Michael E. Herz

  The ninth edition of this classic casebook Administrative Law and Regulatory Policy: Problems, Text, and Cases is streamlined and updated while retaining the previous editions’ rigor, comprehensiveness, and contextual approach. Outstanding authorship, rich and varied materials, and comprehensive coverage remain the hallmarks of the ninth edition of the acclaimed Administrative Law and Regulatory Policy: Problems, Text, and Cases. Administrative procedure is examined in the context of substantive policy debates regarding regulation in a wide range of areas. Extensive notes, questions, and problems support thoughtful reading and analysis. The presentation acknowledges complexity and contradictions in the material while still providing explanations and guideposts along the way. Problems interspersed throughout provide an opportunity to explore the doctrine in more depth and test one’s understanding of it. New to the Ninth Edition: a thorough updating of cases, notes, and questions; a more streamlined and user-friendly presentation. Despite significant additions, the 9th edition is shorter than the 8th; inclusion of important recent judicial decisions, including Gundy v. United States, 139 S. Ct. 2116 (2019) (nondelegation), Lucia v. SEC, 138 S. Ct. 2044 (2018) (officers of the U.S.), Seila Law LLC v. CFPB, 140 S. Ct. 2183 (2020) (president’s removal authority), Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, 138 S. Ct. 1365 (2018) (agency adjudication), Kisor v. Wilkie, 139 S. Ct. 2400 (2019) (deference to an agency’s interpretation of its own regulation), DHS v. Regents of the University of California, 140 S. Ct. 1891 (2020) (DACA rescission), Department of Commerce v. State of New York, 139 S. Ct. 2551 (2019) (pretextual justifications and arbitrary and capricious review), Little Sisters of the Poor v. Pennsylvania, 140 S. Ct. 2367 (2020) (interim final rulemaking). Professors and students will benefit from: thorough coverage of the processes of agency rulemaking and adjudication; illuminating discussion of doctrines that may be on the cusp of major change, including Chevron deference, Auer deference, and the nondelegation doctrine; attention to the underlying justifications for, and possible criticisms of, the regulatory initiatives that are the subject of the cases studied; Extensive notes and questions that both explain and challenge. A completely new website provides: additional materials for possible assignment (including an introductory case study and materials on enforcement); illustrative agency documents (rulemaking preambles, an administrative complaint, FOIA requests and denials, etc.); extensive links to material on the web, including on agency websites, that provide examples of or help students situate the topics in the casebook; photographs of people, places, and things that are the subject of the cases in the book; updates on new decisions, statutes, and regulatory initiatives. Teaching materials include: comprehensive Teacher’s Manual that describes and discusses the cases, elaborates on the note material, and provides answers to most of the direct questions asked in the book (at least those that are in fact answerable); annual summer supplement; sample syllabi; professors-only section of the website.

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  Legal Mobilization for Human Rights

  Gráinne de Búrca

  The traditionally top-down focus in human rights scholarship on laws, institutions, and courts has begun to turn towards a bottom-up focus on activists, advocacy groups, affected communities, and social movements. The essays collected in Legal Mobilization for Human Rights examine a range of issues including which groups claim rights, what they are mobilizing to protect, the goals they pursue, the forums they use, the obstacles they encounter, and the extent of their success or failure. Case studies reveal key themes such as: the importance of human rights to marginalized communities; how political and societal authoritarianism shapes opportunities for effective mobilization; the importance of the choice of forum for instigating change; the role intermediary actors such as NGOs play in innovating strategies to address challenges; the possibilities for subaltern mobilization to reshape human rights law; and the importance of supporting genuinely community-led legal mobilization.

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  Cases and Materials on Employment Discrimination and Employment Law: The Field as Practiced

  Samuel Estreicher, Michael C. Harper, and Zachary D. Fasman

  This casebook provides considerable flexibility for an instructor teaching employment discrimination law, employment law, or a combination of both topics. It includes an in-depth treatment of Title VII, the ADA, and the ADEA, as well as chapters on sexual orientation and gender identity discrimination, affirmative action and retaliation. It introduces the concept of employment-at-will, and contractual and tort-based exceptions. This casebook also provides an overview of laws relating to workplace injuries, as well as chapters on wage and hour law, compensation discrimination, and employee classification or misclassification. It also includes a chapter on employee duties to the employer. A chapter on privacy reflects recent legislative initiatives at the state level, and an analysis of electronic intrusions by the employer. Professors Estreicher and Harper both served as Reporters for the Restatement on Employment Law and Zachary D. Fasman adds 50 years of practical experience in major law firms. Cases are accompanied by explanatory notes and questions for further discussion. The Teacher's Manual contains case briefs and answers to notes; and a separate Statutory Supplement provides primary source material for use with this book.

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  Cases and Materials on Employment Law: The Field as Practiced

  Samuel Estreicher, Michael C. Harper, and Zachary D. Fasman

  NYU’s Samuel Estreicher, Boston University’s Michael Harper, and distinguished practitioner and NYU and Michigan Law adjunct professor Zachary Fasman have produced a new edition of this employment law casebook. The book incorporates the work of the Restatement of Employment, for which Estreicher and Harper were reporters. The authors’ focus is the field as practiced, aiming at both theoretical insight and practical approaches to advising clients on cutting-edge issues. Extensive notes and questions introduce new legislative and judicial development throughout. Administrative developments, such as those involving the FLSA and the definition of regulated employment relationships, are also covered. A revised chapter on workplace injuries features the Supreme Court ruling refusing to stay injunctions against the OSHA temporary emergency rule on mandatory COVID-19 testing.

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  Legislation and the Regulatory State

  Samuel Estreicher and David L. Noll

  Estreicher & Noll's Legislation and the Regulatory State provides an accessible, up-to-date introduction to the institutions and procedures of the modern regulatory state. Designed to emphasize regulatory policymaking and the practical aspects of administrative lawyering, the casebook explores Congress's reasons for regulating and the choices it makes when enacting legislation, the legislative process and tools of statutory interpretation, administrative agencies' position within the Constitution's system of separated powers, the Administrative Procedure Act, and judicial review of agency action. The third edition covers all major developments in administrative law and statutory interpretation since 2017. It includes the Supreme Court's decision in Bostock v. Clayton County, covers recent developments in appointments and removal jurisprudence, and explores changes in the law of congressional oversight and judicial review of administrative action during the Trump administration.

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  Handbook of Evidence in International Commercial Arbitration: Key Issues and Concepts

  Franco Ferrari and Friedrich Jakob Rosenfeld

  Handbook of Evidence in International Commercial Arbitration is a nonpareil compendium by a diverse group of distinguished arbitration practitioners and academics assessing how to collect, develop, and present evidence in arbitration proceedings, not only from a legal perspective but also from a cultural point of view. In arbitration, evidence provides the basis for almost every decision, be it procedural, jurisdictional, or substantive. However, users from different legal traditions may not be on the same page as to how an arbitral tribunal ought to proceed in this regard. What’s in this book: This book addresses the following key concepts and issues related to evidence in arbitration: the normative framework on evidence in arbitration proceedings; the burden and standard of proof; means of evidence, including documents, experts, and witnesses; questions of admissibility, including issues of privilege and confidentiality; the assessment of evidence and its probative value; and court assistance and sanctions. How this will help you: With its in-depth and systematic analysis of the key concepts of evidence, holistic discussion of the applicable normative framework, cross-cultural perspectives on the taking of evidence in arbitration, and reference to case law from major arbitration hubs, this book will prove to be a matchless and undisputed point of reference for academics and practitioners alike.

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  International Sales Law--CISG in a Nutshell

  Franco Ferrari and Marco Torsello

  Knowing about the United Nations Convention on Contracts for the International Sale of Goods (CISG) means to know about the law relating to international import/export contracts applicable to more than ¾ of world trade. This book provides a valuable guide to the understanding of both the fundamentals of that law and how it is interpreted in various countries, thus making it a helpful tool not only for students but also for practitioners. The 3rd Edition is updated throughout with many new decision citations, including decisions rendered in 2022. This Edition also gives proper account of the interaction between the CISG and other recently amended instruments such as the ICC Incoterms (2020) and the ICC force majeure and hardship model clauses (2020).

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  Civil Procedure: Cases and Materials

  Jack H. Friedenthal, Arthur R. Miller, John E. Sexton, Helen Hershkoff, Adam H. Steinman, and Troy A. McKenzie

  The Thirteenth Edition of this very popular casebook provides a framework for studying the essential and cutting-edge issues of civil procedure in an accessible but rigorous way. The authors of the prior editions, Jack H. Friedenthal, Arthur R. Miller, John E. Sexton, and Helen Hershkoff, welcome two new authors to their team, Adam N. Steinman and Troy A. McKenzie. The new edition reflects the uniqueness, talents, and special expertise of these new authors, who individually and together bring tremendous new experiences and backgrounds to an author-team already known for its excellence and distinction. Adam N. Steinman, the University Research Professor of Law at the University of Alabama School of Law, is an award-winning teacher and scholar whose work has been cited in hundreds of articles and dozens of judicial opinions. He is an author on the Wright & Miller Federal and Practice & Procedure treatise and an elected member of the American Law Institute. He is also the co-organizer of the Unavailability Workshop for Civil Procedure and the co-editor of the Law Professor Blogs Network’s Civil Procedure & Federal Courts Blog. Prior to joining the University of Alabama faculty, he was a Professor of Law at Seton Hall University and the University of Cincinnati. His practice experience includes both complex civil litigation and public-interest appellate work. Troy A. McKenzie, Professor of Law at New York University School of Law, is an award-winning teacher and scholar who has taken an active role in the procedural rulemaking process. He is a member of the Council of the American Law Institute and has been appointed to the Committee on Rules of Practice and Procedure of the Judicial Conference of the United States. At NYU, he co-directs the Center on Civil Justice and the Institute of Judicial Administration. Among his practice and public service experiences, he served for two years as Deputy Assistant Attorney General in the Office of Legal Counsel at the U.S. Department of Justice. The Thirteenth Edition, like the predecessor editions upon which it is based, is designed to reinforce doctrinal understanding, to foster case reading skills, to encourage critical thinking about the real-world context of procedural decisions, to motivate discussion about diversity, inclusion, and equity and the role of courts and civil procedure in promoting those values, and to help develop a sense of litigation strategy in a world that is at once local and global. The casebook covers all of the major topics that a professor might wish to teach in a first-year course, and can easily be adapted for courses of one or two semesters, of different credit hours, and with varied practical or theoretical emphases. A supplement includes all updated Federal Rules, federal statutes, and constitutional provisions pertinent to procedure, the pleadings in Twombly and Iqbal, a model case file, a litigation flow-chart, state materials, and other important teaching tools. The casebook can be used for in-class and remote instruction, and the authors have prepared an extensive Teacher’s Manual giving practical tips for simulated activities as well as discursive lectures.

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  Civil Procedure: Cases and Materials

  Jack H. Friedenthal, Arthur R. Miller, John E. Sexton, Helen Hershkoff, Adam N. Steinman, and Troy A. McKenzie

  This Compact Thirteenth Edition is designed to meet the needs of those teaching Civil Procedure courses shorter than the traditional assignment of three hours for each of two semesters. It responds to suggestions and requests that a book of this type be made available. The authors continue to believe that the larger Comprehensive Thirteenth Editions will prove advantageous for many teachers who have sorter courses of four or even three hours because it provides the maximum flexibility in terms of an individual classroom’s coverage, depth, sensibility, and emphasis. With that in mind, we have included material in the Compact Thirteenth Edition that expands the range of choices available to you. The Compact Thirteenth Edition offers an up-to-date and accessible approach to the study of Civil Procedure. Students tend to find Civil Procedure. Students tend to find Civil Procedure the most mysterious of their law school courses. Our goal is to present the material in a clear and simple environment, yet one that challenges and stimulates the student toward increasing critical understanding. This revised edition reflects up-to-date amendments to the Federal Rules of Civil Procedure, as well as the latest Supreme Court cases involving subject-matter jurisdiction, personal jurisdiction, and other topic pertinent to the first-year course. The edition addresses not simply doctrinal change, but also the still uncertain effects of new technology, globalism, and privatization on the system of civil justice. The edition also responds to the many helpful comments from judges, practitioners, colleagues, and students at the large number of schools in which earlier editions have been used. Our conversations confirm our own conclusion that the book is and will continue to be a highly successful teaching tool, and we have preserved in this volume the basic format of the prior edition. Along with traditional material, we include contemporary cases in which the facts are interesting, the conflicting policies seem to be in a state of equilibrium or context has extrinsic fascination, rather than materials that offer a tight monograph on various aspects of procedure. As has been the practice with all of the past editions, this Compact Thirteenth Edition offers substantial emphasis on the operation of the Federal Rules and draws comparisons with state and international practice. The materials in this volume refer to and are augmented by a Supplement, which contains not only the federal statutes and rules governing procedure, but also selected state provisions for comparison. A number of other materials, such as Advisory Committee notes, proposed rule alterations, and local court rules, also are included. The Supplement contains a litigation flow chart and an illustrative litigation problem, showing how a case develops in practice and samples of the documents that actually might have formed a portion of the record. These samples are not designed as models to be emulated. To the contrary, they often contain defects intended to encourage criticism from students in light of knowledge they have obtained from the cases and classroom discussion. The Supplement also includes complaints from two principal cases and one note case. The cases and excerpts from other materials have been edited carefully to shorten them and to clarify issues for discussion. With regard to footnotes, the same numbering appears in the casebook as appears in the original sources; our footnotes are indicated by letters. Our omissions are indicated with asterisks, and where there might be any ambiguity, we provide clarifying information in the footnote.

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  Civil Liability for Artificial Intelligence and Software

  Mark A. Geistfeld, Ernst Karner, Bernhard A. Koch, and Christiane Wendehorst

  Initiated by the European Commission, the first study published in this volume analyses the largely unresolved question as to how damage caused by artificial intelligence (AI) systems is allocated by the rules of tortious liability currently in force in the Member States of the European Union and in the United States, to examine whether - and if so, to what extent - national tort law regimes differ in that respect, and to identify possible gaps in the protection of injured parties. The second study offers guiding principles for safety and liability with regard to software, testing how the existing acquis needs to be adjusted in order to adequately cope with the risks posed by software and AI. The annex contains the final report of the New Technologies Formation of the Expert Group on Liability and New Technologies, assessing the extent to which existing liability schemes are adapted to the emerging market realities following the development of new digital technologies. Analyses how damage caused by AI is allocated by the rules of tortious liability. Offers guiding principles for safety and liability concerning software. Assesses the extent to which liability schemes are adapted to emerging market realities.

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  Labor Law: Cases and Materials

  Michael C. Harper, Samuel Estreicher, and Kati Griffith

  The Ninth Edition of this widely used casebook maintains the problem-based emphasis of prior editions. Text is taken seriously but always in the full context of the attendant policy issues. The Trump Board’s decisions are addressed, alongside treatment of difficulties that will motivate change in the Biden years. The coverage of current issues complements the casebook’s comprehensive and nuanced treatment of all the important law on a topic that has become central to contemporary debates about income and wealth divisions in the society. This treatment spans from the protection of concerted employee activity to the organizing process to the bargaining and implementation of collective agreements. It covers other important topics including the preemption of state law and interaction with antitrust and immigration law. New to the Ninth Edition: coverage of the most salient and controversial issues posed by developments at the National Labor Relations Board over the past six years, including the independent contractor distinction, including the emerging “ABC” test, the joint employer debate, defining appropriate bargaining units, the effects on protected concerted activity of neutral employer personnel rules and the Supreme Court’s endorsement of class action waivers in arbitration, the regulation of bargaining during the term of collective agreements, board deferral to arbitration. As part of its contemporary focus, the Ninth Edition highlights past and current proposals to amend the National Labor Relations Act (NRLA), including those in the pending Protecting the Right to Organize Act (PRO Act). The new edition’s Statutory Supplement aids discussion by including the PRO Act as passed by the House of Representatives this year and again presents the NLRA with easy to view indications of its evolution, as well as the other major statutes and examples of innovative collective bargaining agreements. Professors and students will benefit from: a book that consistently poses problems for students and gets deeply into factual issues and important points of law; careful editing of cases that preserves the decisional antecedents for the court’s action is a hallmark of the book. Teaching materials Include: Statutory Supplement, with edited versions of innovative collective bargaining agreements.

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  Civil Procedure

  Samuel Issacharoff

  This book analyzes legal procedure as part of a complicated interaction between private ordering and public intervention. Modern society brings people together in a variety of settings and injects an active state presence into all manner of everyday activities. Inevitably there are disputes. Yet, these disputes settle all around us, based on social norms or simply an understanding of what is right and what is wrong; what is contestable and what is not. This private ordering of responsibility occurs against a backdrop, sometimes but certainly not always invoked, of what might occur were the matter to be taken to the more costly system of public dispute resolution. In this sense, disputants outside the legal system are said to be bargaining in the shadow of the law. For those who cannot privately order their disputes, there are two public interests. The first is to provide a public resolution such that future similarly situated disputants may be better able to anticipate what are the likely outcomes should they proceed to litigation. The second is to provide finality so that the disputants may get on with their affairs. The central thrust of this book is to examine the overall structure of public dispute resolution through six basic concepts: 1. rudimentary fairness and the trade off between equity and efficiency; 2. defining the parameters of a dispute in terms of the presentation of issues and the obtaining of information; 3. defining the scope of the dispute in terms of parties, particularly as the judicial system confronts increasingly complex litigation; 4. defining the power of the courts; 5. securing finality; and 6. the costs of procedure.

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  The Law of Democracy: Legal Structure of the Political Process

  Samuel Issacharoff, Pamela S. Karlan, Richard H. Pildes, Nathaniel Persily, and Franita Tolson

  This book created the field of the law of democracy, offering a systematic account of the legal construction of American democracy. This edition represents a significant revision that reflects the embattled state of democracy in the U.S. and abroad. With the addition of Franita Tolson as well as Nathaniel Persily to the prior edition, the book now turns to a changed legal environment following the radical reconfiguration of the Voting Rights Act, the rise of social media and circumvention of the formal channels of campaign finance, and the increased fragmentation of political parties. Strikingly, in the current political environment the right to register and vote passes from being a largely historical inquiry to a source of front-burner legal challenge. This edition further streamlines the coverage of the Voting Rights Act, expands the scope of coverage of campaign finance and political corruption issues, and turns to the new dispute over voter access to the ballot. The section on election litigation and remedies has been expanded to address the expanded range of legal challenges to election results. For the first time, this book isolates the distinct problems of presidential elections, ranging from the conflict over federal and state law in Bush v. Gore, to the distinct challenges to the 2020 presidential elections, to the renewed focus on the Electoral Count Act. The basic structure of the book continues to follow the historical development of the individual right to vote; current struggles over gerrymandering; the relationship of the state to political parties; the constitutional and policy issues surrounding campaign-finance reform; and the tension between majority rule and fair representation of minorities in democratic bodies. The book now turns to a changed legal environment following the radical reconfiguration of the Voting Rights Act, the rise of social media and circumvention of the formal channels of campaign finance, and the increased fragmentation of political parties. This edition further streamlines the coverage of the Voting Rights Act, expands the scope of coverage of campaign finance and political corruption issues, and turns to the new dispute over voter access to the ballot. The section on election litigation and remedies has been expanded to address the expanded range of legal challenges to election results. For the first time, this book isolates the distinct problems of presidential elections, ranging from the conflict over federal and state law in Bush v. Gore, to the distinct challenges to the 2020 presidential elections, to the renewed focus on the Electoral Count Act.

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  Criminal Law and Its Processes: Cases and Materials

  Sanford H. Kadish, Stephen J. Schulhofer, and Rachel E. Barkow

  From a preeminent authorship team, Criminal Law and its Processes: Cases and Materials, Eleventh Edition, continues in the tradition of its best-selling predecessors by providing students not only with a cohesive policy framework through which they can understand and examine the use of criminal laws as a means for social control, but also analytic tools to understand and apply important criminal law doctrines. Criminal Law and its Processes: Cases and Materials focuses on having students develop a nuanced understanding of the underlying principles, rules, and policy rationales that inform all criminal laws. A cases-and-notes pedagogy along with scholarly excerpts, questions, and notes, provides students with a rich foundation for not only the academic examination of criminal laws but also the application of the law to real-world scenarios.