Faculty Books & Edited Works

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Münchener Kommentar zum Handelsgesetzbuch: HGB, Band 5: Viertes Buch. Handelsgeschäfte

Barbara Grunewald, Christoph Benicke, Franco Ferrari, Franz Häuser, Ben Gerrit Köhler, Katja Langenbucher, Sabastian Martens, Felix Maultzsch, Antonia Sommerfeld, and Johannes Wertenbruch

Volume 5 comments on the most important provisions of commercial transactions and also includes a separate commentary on the UN Convention on Contracts for the International Sale of Goods. For the new edition of Volume 5: As always, national and international case law and current legislative developments were taken into account, such as the effects of the Act Regulating the Sale of Goods with Digital Elements and Other Aspects of the Purchase Contract of June 25, 2021, with the new definition of defects in Section 434 of the German Civil Code (BGB), for example, on the obligation to give notice of defects under Section 377 of the German Commercial Code (HGB). Section 365a on electronic transport insurance policies, inserted by the Act Implementing the Conversion Directive of February 22, 2023, is also being addressed for the first time.
Principles of the Law, Compliance and Enforcement for Organizations

Geoffrey P. Miller, Jennifer H. Arlen, James A. Fanto, and Claire A. Hill

This publication provides recommended standards and best practices for internal control within public and private entities—especially large, publicly traded corporations—and external control by regulators, prosecutors, and judges. These best practices combine legal and ethical standards, dealing with both externally imposed norms (such as laws and regulations) and internally imposed norms (such as corporate codes of ethics). The publication addresses not only how laws and regulations are enforced against organizations’ misconduct, but also how organizations can enforce the laws and regulations on themselves through a strong compliance program. Its recommendations provide useful guidance about how organizations should structure their internal-control functions and how regulators and prosecutors should respond to those internal-control activities. Directed also to the employees and agents of organizations, the publication sets out standards for conduct of employees and agents, as well as the considerations that enforcement officials and judges should consider when deciding on enforcement actions or penalties against employees or agents. The topics in this publication have emerged as fundamental components of internal controls in organizations, both in the United States and around the world. Chapters cover Governance; Compliance Risk Management; Compliance; and Criminal, Civil, and Administrative Enforcement Against Individuals and Companies for Organizational Misconduct.
Climate Change on Trial: Mobilizing Human Rights Litigation to Accelerate Climate Action

César Rodríguez-Garavito

Tells the twenty-year socio-legal story of human rights-based climate change (RCC) litigation. Based on an original database of the totality of RCC lawsuits around the world as well as interviews with leading actors and participant observation in the field, this Element explains the rise and global diffusion of RCC litigation as a form of climate governance. Combines insights from global governance, international law, climate policy, human rights, and legal mobilization theory in order to offer a sociolegal account of the actors, strategies, and norms that have emerged at the intersection of human rights and climate governance. By proposing a broad understanding of the impacts of legal mobilization that includes direct and indirect, material and symbolic effects, it documents the contributions and shortcomings of human rights litigation in addressing the climate emergency. This title is also available as open access on Cambridge Core.
El cambio climático en el banquillo: Cuando los derechos humanos y los tribunales se encuentran en la lucha contra la emergencia ambiental [Climate Change in the Sidelines: When Human Rights and the Courts Meet in the Fight Against the Environmental Emergency]

César Rodríguez-Garavito

Cuando los primeros casos climáticos llegaron a los tribunales y pusieron el foco en la responsabilidad de los gobiernos y las empresas de combustibles fósiles en el calentamiento global, los abogados a cargo de las demandas contactaron a las organizaciones de derechos humanos, y lo que encontraron fue una mezcla de desinterés, incredulidad e indiferencia. El campo de los derechos humanos parecía creer que la emergencia ambiental era asunto exclusivo de científicos y ecologistas, algo ajeno a su esfera de acción y a su repertorio de herramientas y tácticas. Pero este divorcio empezó a revertirse en los últimos veinte años, a tal punto que hoy los litigios climáticos sustentados en derechos humanos salieron de los márgenes para ocupar el centro de la escena. Este libro reconstruye la historia de esa confluencia virtuosa que todavía tiene mucho de experimental. A partir de una base de datos propia que recopila la totalidad de los casos de este tipo en el mundo, César Rodríguez Garavito narra con maestría la trayectoria, las innovaciones y los efectos de este campo de activismo y litigio. El análisis recoge la experiencia directa del autor y entrevistas en profundidad con activistas, expertos en medios de comunicación, líderes de ONG, militantes juveniles e indígenas. Con un ojo en el panorama global y otro en la riqueza de cada proceso jurídico, Rodríguez Garavito analiza tanto el potencial como las deficiencias de los conceptos y estrategias de derechos humanos para hacer frente a los retos existenciales del Antropoceno, desde el cambio climático hasta la pérdida de biodiversidad y la contaminación tóxica. Consciente de que el derecho cambia lentamente mientras el calentamiento global avanza a pasos acelerados, este libro está lejos de contentarse con lo logrado hasta ahora. Por eso, apuesta a un análisis sistemático y generoso en ideas para renovar los recursos jurídicos que permitan hacer frente a un desafío de escala planetaria. [When the first climate cases reached the courts and focused on the responsibility of governments and fossil fuel companies for global warming, the lawyers in charge of the lawsuits contacted human rights organizations, and what they encountered was a mixture of disinterest, disbelief, and indifference. The human rights field seemed to believe that the environmental emergency was the exclusive concern of scientists and environmentalists, something alien to their sphere of action and repertoire of tools and tactics. But this divorce began to reverse in the last twenty years, to the point that today climate litigation based on human rights has emerged from the margins to occupy center stage. This book reconstructs the history of this virtuous confluence, which still has much of an experimental quality. Using his own database that compiles all the cases of this type worldwide, César Rodríguez Garavito masterfully narrates the trajectory, innovations, and effects of this field of activism and litigation. The analysis draws on the author's direct experience and in-depth interviews with activists, media experts, NGO leaders, youth activists, and Indigenous people. With one eye on the global landscape and the other on the richness of each legal process, Rodríguez Garavito analyzes both the potential and shortcomings of human rights concepts and strategies for addressing the existential challenges of the Anthropocene, from climate change to biodiversity loss and toxic pollution. Aware that the law is changing slowly while global warming is advancing at an accelerated pace, this book is far from content with what has been achieved so far. Therefore, it offers a systematic and generous analysis of ideas for renewing legal resources that allow us to address a challenge of global scale.]
One Life to Lead: The Mysteries of Time and the Goods of Attachment

Samuel Scheffler

It is a truism that each of us has one life to lead--yet we rarely ask what it means to lead a life. The answer may seem obvious, but leading one's life is actually a complex, multifaceted undertaking, which requires us to negotiate deeply puzzling aspects of our experience and overcome profound challenges to our sense of ourselves and our place in the world. In One Life to Lead, Samuel Scheffler develops an "attachment-sensitive" conception of what it means to lead a recognizably human life. In so doing, he reveals hidden complexities that are latent in our understanding of ourselves and our lives. One Life to Lead focuses special attention on two interrelated dimensions of our experience: the temporal and the interpersonal. Many of the puzzles and challenges we must negotiate in leading our lives concern the passage of time, which comprehensively shapes and frequently unsettles our emotions, our attitudes, and our understanding of ourselves. Other questions concern our determination to form and sustain valuable personal and social attachments, even though doing so requires us to share authority with others and renders us vulnerable to grief, loss, and pain. Scheffler's investigations of our temporal and interpersonal experience remind us that our lives unfold at a particular point in time and in a particular set of social circumstances. Although our capacity to view our lives in broader perspective is extremely important, we can neither eliminate nor undo our social and temporal specificity--but nor should we want to. We lead our lives, and can hope to lead good lives, not by systematically transcending ourselves or our attachments, as some traditions and thinkers urge, but by engaging with the world as we find it in our contingent historical circumstances. One Life to Lead is an original and rigorous work of philosophy that offers profound insights into some of the most fundamental questions of human life.
Now Is Now, and Then Is Then: A Memoir

Daniel N. Shaviro

“Who am I really? And what should I name my pet iguana?” Few people – and certainly not Daniel Shaviro when he was young - can answer such questions very well. But, as Shaviro shows in this lively, witty, and candid memoir – composed entirely of short vignettes drawn from the first 29 years of his life – he never let any of this stop him from stumbling blindly but high-spiritedly forward.
Algorithmic Harm: Protecting People in the Age of Artificial Intelligence

Cass R. Sunstein and Oren Bar-Gill

Will algorithms help people or hurt them? What about artificial intelligence in general? If consumers know what they need to know, and do not suffer from behavioral biases, algorithms and AI are likely to be helpful. Consumers will be more likely to get what they want and need. But if consumers lack information, algorithms in particular will be able to get them to make harmful or foolish choices. And if consumers suffer from behavioral biases, such as unrealistic optimism or a focus on the short term, algorithms will be able to produce serious harms. These points suggest a strong need for regulatory responses designed to protect consumers against what is here and what is likely to get worse. And the same points apply in the context of investors, workers, and participants in politics.
Fashion and Intellectual Property

David Tan, Jeanne C. Fromer, and Dev Gangjee

Fashion is a multi-billion-dollar global business, which is not surprising because of our basic need to wear clothes and shoes. The fashion system thrives on ephemerality, novelty, seduction and hedonism. There are countless books on intellectual property law, numerous books on fashion theory, and a few books on fashion law, but hardly any on fashion and intellectual property. This book assembles a constellation of some of the best-known intellectual property scholars around the world to present their analysis of how different aspects of intellectual property laws interact with and regulate the fashion industry. It presents a meticulously curated collection of how intellectual property laws interact with contemporary fashion and culture studies in protecting fashion creations that range from clothing and footwear to textiles. It covers key features of intellectual property rights regimes in the United States, United Kingdom, Europe, Australia, and Asia that include copyright, trademarks, patents and geographical indications. This title is also available as open access on Cambridge Core.
L'Europa è ancora cristiana? Saggio esplorativo su Cristianesimo, laicità e identità europea [Is Europe Still Christian? An Exploratory Essay on Christianity, Secularism, and European Identity]

Joseph H. H. Weiler

Non è difficile comprendere che cosa significa "Europa cristiana", poiché i temi cristiani si trovano nell'architettura, nella pittura, nella musica, nella letteratura e nella cultura politica e sociale di tutta l'Europa. E allora perché, sin dalla sua fondazione, l'Unione Europea ha spesso preferito ignorare i legami con l'identità cristiana, richiamandosi solo alla tradizione di laicità dello Stato proveniente dalla Rivoluzione francese? Se lo chiede in questo saggio il giurista e docente Joseph Weiler, mostrando i rischi e le criticità legate alla scelta di eliminare il Cristianesimo dalla storia moderna europea. "L'Europa è ancora cristiana?" costituisce una testimonianza profonda per tutti coloro, credenti e non, che si sentono europei, con un saggio che esplora la rilevanza del magistero cristiano rispetto a questioni cruciali per il dibattito sull'integrazione europea. In questa nuova edizione il testo viene qui riproposto in versione aggiornata dopo oltre vent'anni dalla sua prima pubblicazione, in un momento in cui il dibattito su che cosa debba essere l'Europa unita dal punto di vista culturale e storico è più che mai attuale. Prefazione di Marta Cartabia. [It's not difficult to understand what "Christian Europe" means, given that Christian themes are found in architecture, painting, music, literature, and the political and social culture of Europe as a whole. So why, since its founding, has the European Union often preferred to ignore its ties to Christian identity, referring only to the tradition of state secularism stemming from the French Revolution? Jurist and professor Joseph Weiler asks this question in this essay, highlighting the risks and critical issues inherent in eliminating Christianity from modern European history. "Is Europe Still Christian?" is a profound testimony for all those, believers and non-believers alike, who identify as Europeans, with an essay that explores the relevance of Christian teaching to crucial issues in the debate on European integration. This new edition presents the text in an updated version, more than twenty years after its first publication, at a time when the debate over what a united Europe should be, culturally and historically, is more relevant than ever. With a preface by Marta Cartabia.]
¿Una Europa todavía cristiana?: Y otros ensayos sobre Estado e Iglesia

Joseph H. H. Weiler

Europa sigue mirándose en el espejo sin reconocer su propio rostro. En ¿Una Europa todavía cristiana? reunimos el influyente ensayo Una Europa cristiana junto con nuevas reflexiones de J.H.H. Weiler sobre la relación entre Iglesia y Estado en el contexto europeo actual. Traducido a múltiples idiomas, Una Europa cristiana fue una obra clave en el debate suscitado por la propuesta de una Constitución Europea, y su relevancia no ha hecho sino aumentar con el paso del tiempo. En este nuevo libro, Weiler, profesor en NYU y Harvard y galardonado con el Premio Ratzinger en 2022, profundiza en cuestiones como la pretendida neutralidad de la laicidad, el papel del cristianismo en la identidad europea y las consecuencias de su desconocimiento. Weiler va más allá de la simplista idea de una Europa «cristofóbica», su análisis es fino e inquietante: ya no se trata tanto de un rechazo consciente a la fe, de una indiferencia nacida de la ignorancia, sino de olvido. Para muchos europeos, la Iglesia ya no es más que un decorado para bodas elegantes, y la religión, una pieza de museo. Pero, ¿qué implica esta amnesia para el futuro de Europa? ¿Una Europa todavía cristiana? invita al lector a replantearse el significado de la tradición cristiana en la configuración del presente y el futuro de Europa.
El Tribunal de Justicia UE sobre el pañuelo islámico en el lugar de trabajo

Joseph H. H. Weiler and Pedro Cruz Villalón

Joseph H. Weiler & Pedro Cruz Villalón, El Tribunal de Justicia UE sobre el pañuelo islámico en el lugar de trabajo [EU Court of Justice on the Islamic Headscarf in the Workplace] (Fundación Coloquio Jurídico Europeo 2024) (Spain)
Local Greens: Cities and Twenty-First Century Environmental Problems

Katrina M. Wyman and Danielle Spiegel-Feld

As the federal government failed to take ambitious action to limit climate change in the early 21st century, many cities in the US pledged to step into the void. Networks of city governments and philanthropists offered support and cities invested their own resources in sustainability offices. However, cities made limited progress in reducing their greenhouse gas emissions in the first two decades of this century. Local Greens provides a clear-eyed analysis of the potential for big city governments to address society's most pressing environmental problems in the near term. Through original case studies of New York's environmental policy efforts in the early 21st century, the book examines the promise and perils of turning to cities to tackle climate change. Drawing on an analysis of cities' strengths and weaknesses, the book outlines a high-level agenda for urban environmental policy for a sustainable future.
Law and Revolution: Past Experiences, Future Challenges

Matej Accetto, Katja Škrubej, and Joseph H. H. Weiler

The last one hundred years have seen a number of events that could be perceived as disruptive challenges to the normal operation of the legal order. Some have been disruptive innovations of technologies or business practices, others social changes or constitutional transformations, further buttressed by the impact of globalisation and interdependence affecting the development of international, transnational and global law. Coincidentally, this period of one hundred years has been bookended by two pandemics, themselves disruptive realities testing the resilience as well as the adaptability of the legal regimes. A hundred years ago, the founding dean of a newly established law faculty beginning its mission amid the ashes of the First World War and the disintegration of the only remaining European empire gave an opening lecture exploring the role of law and judges in the face of revolutionary societal changes. Drawing upon that important text, this edited volume explores similar challenges for law brought about by various disruptive realities. The collection looks at the past as well as the future. Following the text of the opening lecture by Pitamic, the contributions are grouped under five headings, dealing with the law and revolution in 1918, the challenges posed for law by the seemingly more gradual political or technological transformations, the effects of globalisation and the changing world, with the final contributions reassessing the law, its methodologies and traditional paradigms including, in the epilogue, the challenges posed for law the recent disruptive reality of the Covid-19 pandemic. The book will be of interest to academics, researchers and policy-makers working in the areas of legal history, jurisprudence, constitutional law, law and politics, and law and technology.
Baird and Jackson's Bankruptcy: Cases, Problems, and Materials

Barry E. Adler, Anthony J. Casey, and Edward R. Morrison

Like the prior edition, this edition retains the casebook's historical attention to the logic and limits of personal and business bankruptcy yet expands the book’s focus to capture the ways that current bankruptcy practice has been fashioned by lawyers and judges. This edition contains a new unit on this summer’s Supreme Court decision in Purdue Pharma, which reshapes the law of third-party releases. Other updates to the book include the addition of the novel LTL Management and National Rifle Association opinions on good-faith filing. Also added is a discussion of the Supreme Court’s opinion in Fulton on the turnover of property as well as discussions of the appellate decisions Weinstein Company on executory contracts, Generation Resources on fraudulent conveyances, and Nuverra on equitable mootness. The new edition of the book will be available for adoption this coming spring semester, while fall adopters of the current edition will be provided with early access to the new Purdue Pharma material as well as edited versions of the LTL and NRA opinions; adopters will be invited to share this advance copy with their students.
International Human Rights: Text and Materials

Philip G. Alston

This book examines the world of contemporary human rights, including legal norms, political contexts and moral ideals. It acknowledges the regime’s strengths and weaknesses, and focuses on today’s principal challenges. These include the struggles against resurgent racism and anti-gender ideology, the implications of new technologies for fact-finding and many other parts of the regime, the continuing marginality of economic, social and cultural rights, radical inequality, climate change, and the evermore central role of the private sector. The boundaries of the subject have steadily expanded as the post-World War II regime has become an indelible part of the legal, political and moral landscape. Given the breadth and complexity of the regime, the book takes an interdisciplinary and critical approach.
The Complexity of Human Rights: From Vernacularization to Quantification

Philip G. Alston

This book provides the first systematic assessment from a human rights law perspective of the landmark contributions of the renowned legal anthropologist, Sally Engle Merry. What impact does over-simplification have on human rights debates? The understandable tendency to present them as a single, universal, and immutable concept ignores their complexity and by extension only serves to weaken them. Merry and her colleagues transformed human rights thinking by highlighting the process of ‘vernacularization’, which sees rights discourse as being unavoidably dependent upon translation and interpretation. She also warned of the pitfalls of excessive reliance upon statistical and other indicators, through the process of quantification. Here the leading voices in the field assess the significance of these contributions.
Women's Property Rights Under CEDAW

José E. Alvarez and Judith Bauder

Women’s Property Rights Under CEDAW constitutes the first comprehensive synthesis of the CEDAW's property jurisprudence in English. The book effectively summarizes criticisms made of CEDAW and international human rights regimes, as well as responses to the criticisms. It assesses the challenges facing the CEDAW regime as well as its potential to advance transformational change. Women’s Property Rights Under CEDAW makes unique comparisons between CEDAW's equal rights to property and property rights protected under the international investment regime, the ICCPR, and the ICESCR. The gender gap with respect to wealth and property is a chasm. For over 40 years, the leading international treaty body on women's rights, the Committee on the Elimination of All Forms of Discrimination Against Women (the CEDAW Committee), has been generating jurisprudence interpreting CEDAW's obligations that states protect the equal rights of women in relationships; family rights, including inheritance; rights to land, adequate housing, financial credit, social benefits, intellectual property, and other economic rights dependent on equal access to justice. This book uses the CEDAW Committee's own texts: its General Recommendations, Views in response to communications, Concluding Observations in response to State reports, and Reports on Inquiries. The book finds that CEDAW's vision of what it means for women to have equal rights to property is dramatically different from what many scholars consider to be the leading source of "the international law of property," namely the case law generated on behalf of foreign investors' property under the international investment regime. CEDAW's vision is also more far-reaching and nuanced than the gender equality approaches followed by international financial institutions like the World Bank, whose gender equality rhetoric exceeds its actual on-the-ground development efforts. While CEDAW's property rights converge with those protected under other international human rights regimes, they remain unique in addressing the underlying patriarchal structures, stereotypes, and forms of intersectional discrimination that have undermined the fundamental rights of women and girls and led to their continued impoverishment all around the world. This book concludes that CEDAW's re-engendering of property--although a flawed and evolving work in progress--has the potential to be transformative for the half of the planet who is more likely to be treated as property than to have any.
Trial Manual 9 for the Defense of Criminal Cases

Anthony G. Amsterdam and Randy A. Hertz

The Trial Manual 9 for the Defense of Criminal Cases is a guidebook for criminal defense lawyers at the trial level. It covers the information a defense attorney has to know, and the strategic factors s/he should consider, at each of the stages of the criminal trial process. It is organized for easy access by practitioners who need ideas and information quickly in order to jump-start their work at any given stage.
Restatement of the Law, Consumer Contracts

Oren Bar-Gill, Omri Ben-Shahar, and Florencia Marotta-Wurgler

This Restatement clarifies how the classic principles of contract law in the Restatement of the Law Second, Contracts, have been applied by courts adjudicating consumer-contract disputes. Consumer contracts have presented a challenge for the law of contracts because the asymmetries in the parties’ information, sophistication, and incentives, coupled with the practice of standard-form contracting, create a risk of abuse by businesses, as it is neither rational nor feasible for most consumers to familiarize themselves with the terms of a given contract. This Restatement restates the various techniques that courts have developed to police for abuse while still endorsing and enforcing standard-form contracts. The principles of fairness and anti-deception that guide regulatory consumer-protection law, to the extent they are consistent with the common law of contracts and the UCC, are also captured by the Restatement.
The Unraveling: Reflections on Politics Without Ethics and Democracy in Crisis

Bob Bauer

Part memoir, part rumination on the declining moral compass of the American political class, The Unraveling is the first book to place restoring political ethics at the center of the renewal of American democracy. Politics is a brutal game, but Bauer asks where does the line fall between the “hardball” of politics and attacks on the very foundation of democracy? Looking back on 46 years in the political arena, Bauer tries to better grasp what has gone wrong and to understand what shaped his own decisions and actions. He offers anecdotes, perspectives, and insights that are vitally relevant in our world today, including efforts in 2020 (and 2024) to defend our democratic system of elections from attack and distrust, and the struggles with social media, such as Meta, to combat disinformation in a post-truth politics. He writes about the various personal experiences along the way—the highs, the lows, and the absurd. Bauer presents a smart and serious look at our political culture and the role that he has played in shaping it. The Unraveling will be essential reading for anyone interested in American politics of the last 50 years--and the next.
Trademark Law: An Open-Access Casebook

Barton C. Beebe

Trademark Law: An Open-Access Casebook (Version 11) (2024) 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. The casebook is made available here on an at-cost, royalty-free basis.
Münchener Kommentar zum Handelsgesetzbuch

Ulrich Brink, Dorothee Einsele, Jens Ekkenga, Franco Ferrari, Timo Fest, Lutz Haertlein, Franz Häuser, Carsten Herresthal, Dimitrios Linardatos, Sebastian Omlor, Abbas Samhat, Axel Schlieter, Bernd Singhof, and Kai Zahrte

This first-class commentary on commercial law is a valuable aid in the daily struggle to find, draft and maintain the law. Volume 6 takes into account the complexity of banking contract law from the basics to the mutual interrelationships, including European and international references. The new edition of Volume 6 systematically presents the law of payment services in Sections 675c-676c of the German Civil Code, taking into account the information obligations regulated in the EGBGB and the General Terms and Conditions. This creates an overall overview that cannot be easily deduced from the detailed provisions themselves. The complex of topics of sustainable finance must be taken into account, among other things, in the area of investment advice and in the section on securities transactions.
Securities Regulation: Cases and Analysis

Stephen J. Choi and A. C. Pritchard

This casebook offers a clear and concise introduction to securities regulation and securities markets, with a single-minded focus on disclosure and the economics of information. It is concise, easy to read, and student friendly. The casebook makes securities regulation easy to teach and understand. It focuses on the important principles students need to understand to be effective corporate lawyers. The chapters are organized around motivating hypotheticals that explore the various issues relating to each chapter’s topic. These hypotheticals make it easier for the students to follow the material. In addition, they are a useful teaching device allowing students to grapple with issues that they are likely to face as corporate lawyers. The supporting materials for the book also provide role-playing and prospectus-drafting exercises to involve students in learning tedious securities materials (e.g, prospectuses). The book avoids policy debates and instead focuses on understanding the rules as they are. It contains tables and charts to organize complicated material. This casebook focuses on overarching topics such as materiality and the definition of a security up front, before delving into the details of how the Securities Exchange Act of 1934 and the Securities Act of 1933 operate. The Sarbanes-Oxley, Dodd-Frank, and JOBS Acts, are all covered, with separate chapters devoted to enforcement and gatekeepers. The Sixth Edition has been updated throughout to include recent Supreme Court cases and important developments in the lower courts, as well as recent rulemaking initiatives by the SEC.
Securities Regulation: Statutory Supplement

Stephen J. Choi and A. C. Pritchard

This statutory supplement includes the most widely-referenced statutory sections, rules, and forms, including the Securities Act of 1933 and the Securities Exchange Act of 1934. The 2024 edition adds a number of significant new regulations, including the new rule relating to cybersecurity disclosures.
Global Canons in an Age of Contestation: Debating Foundational Texts of Constitutional Democracy and Human Rights

Sujit Choudhry, Michaela Hailbronner, and Mattias Kumm

Comparative constitutionalism emerged in its current form against the backdrop of the fall of the Berlin Wall and the end of the Cold War. As that backdrop recedes into the past, it is being replaced by a more multi-polar and confusing world, and the current state of the discipline of comparative constitutionalism reflects this fragmentation and uncertainty. There is much to like about this state of affairs. It has opened up space for new, more varied, and increasingly critical voices seeking to improve the project of democratic constitutionalism. But it also raises questions: What of the past, if anything, is worth preserving? Which more recent parts should be defining of the field? In this context, this book asks which are—or should be—the canonical texts of comparative constitutionalism. The theoretical scope of the contributions is broad and ambitious, selecting primary material from beyond the existing textbooks to engage the concept of a canon. This framework provides significant insights about inclusion and exclusion, and proposes candidates for canonical and anti-canonical materials. The result is a wide-ranging discussion, among many voices, of how particular judgments and other primary texts have shaped or should shape our understanding of central elements of democratic constitutionalism from a comparative law perspective. This book offers not a prescription of one universal understanding, but a platform for a broader conversation about the field and the future of constitutional democracy.