Faculty Books & Edited Works

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Economics of Environmental Law

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

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

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

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

Richard A. Epstein

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

Richard A. Epstein

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

Franco Ferrari and Stefan Leible

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

Eleanor M. Fox and D. Daniel Sokol

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

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

The Tenth Edition of this popular casebook explores cutting edge issues and incorporates new Supreme Court cases that impact subject-matter jurisdiction (Grable), pleading (Twombly), joinder (Pimentel), and other important topics, and also explores the effect of recent federal statutes such as the Class Action Fairness Act. The casebook covers all of the major topics that a professor might wish to teach in a first-year course, and can easily be adapted for courses of one- or two-semesters, of different credit hours, and with varied practical or theoretical emphases.
The Will of the People: How Public Opinion Has Influenced the Supreme Court and Shaped the Meaning of the Constitution

Barry Friedman

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

Stephen Gillers

I imagine you’re pretty busy and that reading a preface is not at the top of your to-do list. But this one is different. It is written with you very much in mind. And it's short. So give me five minutes. I want to say four things right off. First, as may already be apparent, this casebook has a personality, a recognizable voice: namely, mine. IN that way, it may be unlike other casebooks. Its voice is conversational. And here and there, it take a position directly, not solely through the words and views of others. Second, this book contains many problems. Some are a paragraph long, others are a page or two. Many are based on real situations that I’ve heard or read about. Mostly, the problems are dense and messy, like life. They are not stick-figure problems. They are real-people problems. They arose yesterday or will arise tomorrow, in one form or another. Third, the book contains many short essays (i.e., notes). The legal ethics world is best learned not only as a set of abstract doctrines, but also through stories taken from many cases and elsewhere. Detail illuminates nuance and variation and thereby provides a context in which to text the doctrines. I further explain this approach in chapter 1. Fourth, this is your second most important law school class. Yeah, right, you think. It’s a bold statement, I know. Here’s why I think it’s true. Say you become an antitrust lawyer. Your criminal procedure class will fade into a remote corner of memory. Or if you become a criminal defense lawyer, you’re unlikely to need to know much antitrust. But whatever work you do as a lawyer, you will practice what you learn in this book and in the class that assigns it whenever you advise a client, argue in court, draft a document, write a brief, or negotiate with an opponent. So antitrust or criminal law or whatever may be your most important legal subject, depending on the direction of your professional life, but this subject is a close second. Here you learn the rules you must live by and the consequences if you don’t. Other courses teach lessons that directly bear on your clients’ legal problems. This course is for you. One exception: Knowledge of these rules enables you to protect your clients against misconduct of other lawyers—conduct that may violate conflict rules, for example, or rules against communicating with another lawyer’s clients. As you approach the starting line of your legal career, perhaps most important to you are rules that constrain your professional behavior. You will want to know—in such areas as competence, fees, marketing, confidentiality, conflicts of interest, negotiation, and the client-lawyer relationship—what may I do and how may I behave to be confident that my conduct will not land me before a disciplinary committee, create civil liability, invite court sanction, forfeit my fee, or damage my reputation? Even reading this question should alert you that the “ethics” in legal ethics is not merely about being amorally good person. It is about being a professionally safe lawyer. For the fact is that the law business is heavily regulated, and its regulations have grown more complex in recent decades. This has led to new terms—the law governing lawyers and the law of lawyering—lest anyone be fooled by the word “ethics” into believing that the subject is about how to be a good person. You make two errors at your peril. First, do not believe that the right way to act—towards clients, courts, adversaries, or colleagues—will be intuitively obvious. Sure, sometimes it will be. But no one needs to teach you not to lie or steal in professional life, and certainly not using hundreds of pages of text to do it. The rules here are often obscure; they may even be counterintuitive, and they can be subtle in application. Application in turn calls for judgment, and judgment is mostly learned through life experience. Indeed, much of what lawyers do for clients is make judgments—about where the law is headed, what a particular judge or court will do, how great may be the risk of a contemplated course of conduct. You develop that judgment across years of practice, but the process begins now. Second, you don’t want to make the mistake of assuming that your employer will provide all the protections you need against missteps. Good law offices do have systems to detect and avoid improper conduct and they have people to whom lawyers can turn for advice. But the best systems and resources are still not perfect, and anyway, the professional responsibility of a lawyer cannot be delegated to a boss. Furthermore, you need to know enough about this material to be aware when you have a problem that requires you to seek advice. Another perspective from which to view the laws and rules that regulate lawyers considers their effect on civil society and the administration of justice. The obligations that lawyers impose on themselves through self-regulation or that are imposed on them by courts and legislatures, taken together, help define the nature and work of the entire profession and therefore the behavior of our legal institutions and the quality of our social justice. For example, a rule that allows lawyers to advertise will influence the conduct of individual members of the bar. But it can also affect consumer demand and (through greater competition) the size of legal fees. A rule that prohibits or requires a lawyer to reveal certain kinds of information about a client in order to protect others from harm will control that lawyer’s own behavior, but it may also affect which client populations use lawyers and what information clients are willing to give those lawyers. In short, many rules have social and political consequences (sometimes profound ones) beyond any single representation or practice. As you enter law practice, you may be more interested in such questions as “How do I behave?” and “How can I stay out of trouble?” than in asking, “What are the consequences to civil society and justice if one or another version of a particular rule is applied to America’s more than 800,000 practicing lawyers?” Still, the last question is important and, if not as immediate, will surely arise in the course of your professional life. Many readers of this book will someday be in positions that require them to address the broader question—as head of law offices, members of bar committees, legislators, government lawyers, and judges. Asking about the consequences to justice and civil society if a rule is resolved one way rather than another—asking which resolution is best—engenders different, sometimes vehement, responses from practicing lawyers and the public. Why is that? In part, it is because the answers depend on political and moral values more fundamental than the “ethics” that inform various codes. And, of course, the political and moral values of different people differ. In addressing these questions, we should also try to be honest about the interests we mean to protect. Those of society generally? Those of a particular client population? The legal profession’s? Our own? Law school and law practice, it is sometimes said, encourage more rather than less self-interest in answering the questions raised here. In transition as you are, your answers may vary from what they would have been before you entered law school, and they will likely be different still five years on. This is the eight edition of the book. I started on the first edition in 1982 shortly before the birth of the two amazing young women to whom all editions have been dedicated. Between editions, I spend an hour or two each weeks planning the next one. You get to thinking a lot about what a casebook is and can be when you live with one for so long. The book’s primary function is to provide information but that’s just the beginning. The minimum editorial task would allow me to pick good cases and other materials, edit them, order them logically, add interstitial notes and questions, and put the product between covers. Voila! A casebook. Of course, one must begin this way, but if nothing more were possible (even if not required), I wonder if I would have kept at it for so long. Luckily, more is possible while still serving the book’s objective—to teach the subject. For starters, we can strive for humor, variety, clarity, and engaging writing. The enterprise will not likely support the extended charm of a Hazlitt essay or the quirkiness of a Vonnegut novel—assuming I had the talent to achieve either (in which case I’d probably be in a different line of work)—bit a casebook is a book, after all, and it should have an authorial presence in so far as possible. That’s what makes the book min. The legal profession is a culture of storytellers and stories. Harrison Tweed (1885-1969), a president of the New York City Bar Association, once said: “I have a high opinion of lawyers. With all their faults, they stack up well against those in every other occupation or profession. They are better to work with or play with or fight with or drink with than most other varieties of mankind.” These words are inscribed on a wall at the Association’s headquarters. As a young lawyer, I thought Tweed was over the top, if not downright sanctimonious, in making so grandiose a claim. At the same time in my life, I was inclined to agree with the character in George Bernard Shaw’s play The Doctor’s Dilemma who said “all professions are conspiracies against the laity.” Amen! To some extent, I still find Tweed a bit excessive and Shaw apt, even if hyperbolic. But I now think Tweed had a point. The profession and its members are fascinating to study, and its stories are fascinating to hear. As with the study of any culture, understanding the bar requires density of information. We must know a thousand small things about life within the society of lawyers, not merely a dozen big things, if we are going to understand it truly. I invite your views on the book. What was dull? What worked well? How can the book be improved? Have you encountered a quote or story somewhere (true or fictitious) that you think nicely highlights an issue? This edition is indebted to past users who alerted me to interesting sources. Send e-mail to stephen.gillers@nyu.edu. All comments will be gratefully acknowledged.
Regulation of the Legal Profession: The Essentials

Stephen Gillers

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

Stephen Gillers and Roy D. Simon

Prior edition of Regulation of Lawyers: Statutes and Regulations.
Regulation of Lawyers: Statutes and Regulations

Stephen Gillers and Roy D. Simon

Prior edition of Regulation of Lawyers: Statutes and Regulations (Concise ed).
Sales Law: Domestic and International

Clayton P. Gillette and Steven D. Walt

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

Carol Gilligan and David A.J. Richards

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

Ryan Goodman and Mindy Jane Roseman

The involvement of health professionals in human rights and humanitarian law violations has again become a live issue as a consequence of the U.S. prosecution of conflicts with al Qaeda, the Taliban, and Iraq. Health professionals—including MDs trained in psychiatry and PhDs trained in behavioral psychology—have reportedly advised and assisted in coercive interrogation. Health professionals have also been involved in forced feedings. Such practices would not be unique to the United States nor the most extreme forms of abuse in the world. The direct involvement of medical professionals in torture, covering up extrajudicial killings, and other extreme conduct is a phenomenon common to many societies and periods of national crisis. Indeed, the widespread and repeated nature of this problem has led to the development of important legal and ethical codes on the subject. Those codes, however, are notoriously insufficient in many cases. A reexamination of the international norms, as developed in human rights law, humanitarian law, and professional ethics can shed light on these issues. However, in addition to those instruments, the struggle to end such violations requires understanding human behavior and the role of formal and informal institutional pressures. In this volume, a wide range of prominent practitioners and scholars explore these issues. Their insights provide significant potential for reforming institutions to assist health professionals maintain their legal and ethical obligations in times of national crisis.
Federal Income Taxation: Principles and Policies

Michael J. Graetz and Deborah H. Schenk

This whole book is but a draught—nay, but the draught of a draught. Oh, Time, Strength, Cash and Patience!—Herman Melville, Moby Dick, Ch.32. Even with more time, strength, cash, and patience, the Congress, the courts, and the Internal Revenue Service all collaborate to ensure that any book designed for teaching a basic course in Federal Income Taxation will never be more than a draft of a draft. Today, no area of law seems more susceptible to change than federal taxation. Consider the following: The Doe currently contains almost 2000 provisions affecting individuals and businesses. As of September 2008, the code numbered around 2500 pages, making it more than four times longer than War and Peace and considerably harder to parse. The regulations are over 10,000 pages long. During calendar year 2007, the Treasury and IRS published 67 Treasury Decisions (containing final and temporary regulations), 60 sets of proposed regulations, 72 Revenue Rulings, 72 Revenue Procedures, 101 Notices, 117 Announcements, 2 Actions on Decisions, and a partridge in a pear tree. For 2007 an individual filing the income tax Form 1040 could file a return with over 80 lines, with 10 additional schedules. The schedules refer you to 24 additional worksheets. The instructions to the Form 1040 filled 90 pages of rather small type. In addition to Form 1040, there are dozens of additional forms that can be used by individuals, ranging from commonly used forms (eg. Form 8283 for noncash charitable contributions) to the truly arcane (Form T for Forest Activities Schedule). Meanwhile, the courts have decided over 40,000 tax cases. In 2007 alone, over a thousand tax bills were introduced in the Congress. Most of them go nowhere, but since 2000, Congress has passed 15 major tax acts and dozens of pieces of legislation that amended the Internal Revenue Code in some way, not counting legislation affecting Social Security, railroad retirement, unemployment compensation, tariffs or customs duties, or the public debt limit. As of this writing, Congress has passed six tax acts in 2008, including two that hit the President’s desk as we were reading page proofs. These included the Economic Stimulus Act that responded to a weak economy with individual and business incentives, the elaborately named Heartland, Habitat, Harvest and Horticulture Act, which mainly provided tax relief for farmers, and the Heroes Earnings Assistance and Relief Act, which was military tax relief. Congress passed major legislations in 2001 and 2003 and many of the provisions are set to expire at the end of 2010. Since then some provisions of those acts have been modified or made permanent but most will sunset unless Congress acts. Obviously it is impossible—and we think unwise—for a course introducing the income tax to try to instruct students about each of these developments. This book is about the fundamental concepts and forces shaping the income tax, not current events. That is why this edition reflects a remarkable continuity with its ancestor editions, Griswold’s Cases on Federal Taxation. That book, initially published more than sixty-five years ago in 1940, was the first law school coursebook devoted exclusively to federal taxation. It appeared at a time when most of the operative statutory provisions were phrased in general terms and many of the basic concepts of federal taxation had not yet matured. Most law schools taught federal taxation only as part of a course that also covered state and local taxation. Nevertheless, this text retains the same overarching organization that Erwin Griswold first brought to the subject. The subsequent adoption of this structure by most income tax coursebooks is a great tribute to Griswold’s insights into how the subject of federal taxation should be taught. The mass of detail that has been added to the statute and the regulations and the burgeoning case law in the intervening six decades has required a substantial rethinking of the purposes of an introductory course in federal taxation and, hence, of this coursebook. For one thing, these details have become so voluminous and the changes so frequent that the student must necessarily strive to understand basic concepts rather than to memorize particular rules. The practice of tax law has become more specialized, and most law schools offer a number of advanced course in taxation. The student in an introductory course therefore must attain some familiarity not only with the statute, the regulations, and the cases but also with the trends in the tax law, the prospects for change, and the fundamental policy issues that inform such changes. Successful tax lawyering inevitably will involve responding to new and unforeseeable rules and therefore will demand a basic conceptual understanding of income tax principles and policies. Likewise, the nonspecialist needs to be introduced to these fundamental concepts of income taxation, if only to be able intelligently to recognize and monitor his or her clients’ tax problems. The composition of this book has also been influenced by the increasing use of the tax law as an instrument of social and economic policy. The income tax is not merely a revenue-raising device to finance the goods and services provided by the government. The decisions as to what to tax, and when, increasingly affect the directions, growth, and overall condition of our economy and the allocation and distribution of resources within our society. For these reasons, this volume devotes substantial attention to the general principles and policies of federal taxation. Thus, cases have been supplemented with excerpts from congressional reports, administrative pronouncements, and commentaries and analyses of tax issues. In addition, there are explanatory notes introducing fundamental concepts of tax law and shorter notes following the principal cases. This edition nevertheless continues to reflect the central pedagogical perspective developed in Erwin Griswold’s original volume, the preface of which stated: “Here is an opportunity, almost unique * * *, to study a complete and self-contained system. Here is an opportunity to come into contact with perhaps our most experienced administrative agency. Here is an opportunity to deal with a statute, not as some excrescence on the common law, but as the law, to trace its growth, to learn how it is given meaning and how that meaning changes. Here is an opportunity to deal with authoritative judicial decisions—or at least, and perhaps more important, to consider how far they are authoritative * * * Here as elsewhere it is understanding and knowledge of the process that is sought.” These opportunities are not less present in this volume than they were in its ancient predecessor. This edition retains the basic chapter organization of its predecessors. The first chapter contains the basic policy and procedural aspects of income taxation. This chapter includes a brief history of taxation in the United States, an introduction to income tax terminology, and a discussion of the roles of Congress, the executive, and the courts. Subsequent chapters explore the topics “What Is Income?,” “Deductions and Credits,” “Whose Income is It?,” “Capital Gains and Losses,” and “When is It Income?”. Of course, tax problems rarely can be placed into such discrete categories. Hence, there is some overlap of subjects within the chapters. Chapter 7 provides a brief description of the individual minimum tax. Chapter 8 contains an introduction to corporate tax shelters as well as materials on the ethical responsibilities of tax lawyers, thereby providing an appropriate context for their analysis and discussion. The Appendix contains tables of present values. As every teacher of taxation knows, it has become increasingly difficult to teach an introduction to federal taxation in a single semester, even in a 60-hour course. Compromises between breadth of coverage and treating at least some materials in depth are ever more necessary. Most instructors have learned to maintain limited expectations as to what can reasonably be accomplished in the first course and to assume that students with genuine interest in taxation will take additional courses in the subject. This volume continues the layered approach of the prior editions. By selecting from the materials available here, teachers can decide which aspects of income tax law and policy to emphasize and which to skim or even omit in an introductory course. This volume contains enough materials to teach not only a four-hour basic course in federal income taxation, but also an additional three-hour course designed to pursue certain issues in greater detail than is possible in the basic course. This means that the instructor must exercise considerable selectivity in teaching any single course form this book. For example, one of us tends to emphasize Chapters 2 and 3, the first two sections of Chapter 4, the first three sections of Chapter 5, and a brief selection from Chapter 6. Another professor, who taught these materials in a two-semester course, skipped certain aspects of Chapters 2 and 3 and used only the introductory sections of Chapters 4 and 5 in the basic course, with the balance of materials used in the second course. Instructors who wish to cover more ground might consider relying on students to read some of the more straightforward materials without classroom discussion. Designing courses inherently involves personal priorities and choices. The precise materials assigned will depend upon the teacher’s individual choices of where to delve deeply into substantive law and policy issues as well as how to trade off in-depth discussions and general coverage. We have attempted here to provide sufficiently comprehensive, interesting, and flexible materials to allow teachers to make a wide variety of successful selections. Federal income taxation is, of course, primarily a statutory course. In addition to this text, the student will need a current edition of the Internal Revenue Code and as well as certain sections of the Income Tax Regulations. A number of publishers now produce one volume editions of selected statutory and regulatory provisions that may be used along with this text.
Human Rights Advocacy Stories

Deena R. Hurwitz and Margaret L. Satterthwaite

This book tells the story of 15 human rights cases from around the world, including cases adjudicated by a court or commission as well as controversies decided outside the courthouse. The cases illustrate key themes, including the development of human rights norms and the work of human rights organizations; the function of individual and collective identities in human rights struggles; the role of international criminal norms in protecting human rights; globalization, foreign policy, and the economy; and human rights in a world at war. The text illustrates the dynamic interaction between advocacy and legal doctrine.
Civil Procedure

Samuel Issacharoff

This book will analyze 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 will be to examine the overall structure of public dispute resolution through six basic concepts: rudimentary fairness and the trade off between equity and efficiency; defining the parameters of a dispute in terms of the presentation of issues and the obtaining of information; defining the scope of the dispute in terms of parties, particularly as the judicial system confronts increasingly complex litigation; defining the power of the courts; securing finality; and the costs of procedure.
Corporate Income Taxation

Douglas A. Kahn, Jeffrey H. Kahn, Terrence G. Perris, and Jeffrey S. Lehman

This book is a useful companion to law students taking a course in this area. It can also serve as a course book that will provide an introduction to the subject as a prelude to applying the principles to a set of problems. This complex topic has been made comprehensible to readers who are not yet conversant with the area and is a valuable supplement to a casebook or set of problems. The book discusses the crucial issues of corporate taxation and provides numerous examples illustrating how the various provisions operate.
Federal Income Taxation

William A. Klein, Joseph Bankman, Daniel N. Shaviro, and Kirk J. Stark

Integrating theory and policy throughout, this smart yet approachable casebook is distinguished, in part by a tradition of outstanding authorship, begun with original author Boris Bittker of Yale and continuing through fifteen successive editions. Generations of instructors and students have praised Federal Income Taxation for the features that make it extraordinary: - problems interspersed among notes and questions - a unique introduction that provides historical background and economic analysis where appropriate - integrated coverage of theory and policy smart and engaging text - an excellent Teacher's Manual The extensively revised Fifteenth edition features: - co-author Kirk Stark brings new energy and fresh perspective to a classic - new comparative focus inset boxes highlighting other countries approaches to fundamental tax policy design issues - new materials on opinion practice and confidence levels for giving professional tax advice designed to teach students how to express varying levels of legal uncertainty - expanded discussion of constructive sales under section 1259, including text of legislative history to illustrate unresolved legal issues - expanded coverage of taxing low-income households, including new materials on the earned income tax credit, the country's largest income transfer program expanded discussion of state and local taxes to gives students a basic overview of the U.S. system of subnational taxation - expanded discussion of state and local taxes to gives students a basic overview of the U.S. system of subnational taxation - updated materials on income-splitting including Chief Counsel's ruling on the application of Poe v. Seaborn to same-sex couples - new case, Womack v. Commissioner, concerning the tax treatment of a taxpayer's sale of the right to receive lottery payments - new commentary on the D.C. Circuit's controversial opinions in Murphy v. United States A classic casebook long trusted and admired by generations of law school students and professors welcomes new co-author Kirk J. Stark, whose contribution will reflect the most current scholarship and pedagogy in the field today
The Anatomy of Corporate Law: A Comparative and Functional Approach

Reinier Kraakman, John Armour, Paul Davies, Luca Enriques, Henry Hansmann, Gerard Hertig, Klaus Hopt, Hideki Kanda, and Edward B. Rock

This is the long-awaited second edition of this highly regarded comparative overview of corporate law. This edition has been comprehensively updated to reflect profound changes in corporate law. It now includes additional chapters which examine the highly topical issues of enforcement in corporate law, and explore the continued convergence of corporate law across jurisdictions.The authors start from the premise that corporate (or company) law across jurisdictions addresses the same three basic agency problems: (1) the opportunism of managers vis-à-vis shareholders; (2) the opportunism of controlling shareholders vis-à-vis minority shareholders; and (3) the opportunism of shareholders as a class vis-à-vis other corporate constituencies, such as corporate creditors and employees. Every jurisdiction must address these problems in a variety of contexts, framed by the corporation's internal dynamics and its interactions with the product, labor, capital, and takeover markets. The authors' central claim, however, is that corporate (or company) forms are fundamentally similar and that, to a surprising degree, jurisdictions pick from among the same handful of legal strategies to address the three basic agency issues. This book explains in detail how (and why) the principal European jurisdictions, Japan, and the United States sometimes select identical legal strategies to address a given corporate law problem, and sometimes make divergent choices. After an introductory discussion of agency issues and legal strategies, the book addresses the basic governance structure of the corporation, including the powers of the board of directors and the shareholders meeting. It proceeds to creditor protection measures, related-party transactions, and fundamental corporate actions such as mergers and charter amendments. Finally, it concludes with an examination of friendly acquisitions, hostile takeovers, and the regulation of the capital markets.
Foundations of Tort Law

Saul Levmore and Catherine M. Sharkey

This updated edition is a valuable resource for torts professors teaching at all levels of instruction. It provides an enhanced theoretical and empirical foundation for a diverse selection of fundamental torts topics typically taught at the introductory level, such as the Hand formula, duty to rescue, market-share liability, and vicarious liability, while, at the same time, providing an in-depth exploration of cutting edge issues suitable for an advanced course or seminar, such as medical malpractice, products liability, federal preemption of state tort law, and punitive damages. Each chapter includes an introductory overview of a topic in tort law, followed by abridged readings, and then provocative notes and questions. The intent is to give the instructor interesting material with which to work, and to equip the student with foundational tools useful for the critical reading of cases and articles. The Foundations of Law Series offers a collection of comprehensive readings that provide an interdisciplinary perspective on a substantive legal field. Edited by scholars who have made important contributions, the readings are designed to provide an accessible introduction to the leading scholarship in a field. Accompanying notes and questions permit students to engage fully in the literature on their own, as well as to aid their understanding of material covered in classes.
A Brief Inquiry into the Meaning of Sin and Faith: With “On My Religion”

Thomas Nagel

John Rawls never published anything about his own religious beliefs, but after his death two texts were discovered which shed extraordinary light on the subject. A Brief Inquiry into the Meaning of Sin and Faith is Rawls’s undergraduate senior thesis, submitted in December 1942, just before he entered the army. At that time Rawls was deeply religious; the thesis is a significant work of theological ethics, of interest both in itself and because of its relation to his mature writings. “On My Religion,” a short statement drafted in 1997, describes the history of his religious beliefs and attitudes toward religion, including his abandonment of orthodoxy during World War II. The present volume includes these two texts, together with an Introduction by Joshua Cohen and Thomas Nagel, which discusses their relation to Rawls’s published work, and an essay by Robert Merrihew Adams, which places the thesis in its theological context. The texts display the profound engagement with religion that forms the background of Rawls’s later views on the importance of separating religion and politics. Moreover, the moral and social convictions that the thesis expresses in religious form are related in illuminating ways to the central ideas of Rawls’s later writings. His notions of sin, faith, and community are simultaneously moral and theological, and prefigure the moral outlook found in Theory of Justice.
Microeconomics

Robert S. Pindyck and Daniel L. Rubinfeld

KEY BENEFIT: This book is well known for its coverage of modern topics (Game theory, Economics of Information, and Behavioral Economics), clarity of its writing style and graphs, and integrated use of real world examples. KEY TOPICS: The emphasis on relevance and application to both managerial and public-policy decision-making are focused goals of the book. This emphasis is accomplished by including MANY extended examples that cover such topics as the analysis of demand, cost, and market efficiency; the design of pricing strategies; investment and production decisions; and public policy analysis. Economists and strategists looking to stay current with economic information.
The Sodomy Cases: Bowers v. Hardwick and Lawrence v. Texas

David A.J. Richards

The Supreme Court's decision in Bowers v. Hardwick (1986) stemmed from a 1982 gay-sex arrest in an Atlanta home under a Georgia law that criminalized sodomy - a case not originally prosecuted, but then pursued in court to challenge the statute's constitutionality. Lawrence v. Texas (2003) followed a similar arrest in 1998 in Houston, where Texas law also criminalized sodomy - but only when practiced by members of the same sex." "David Richards views these cases as the nadir and apogee of the gay community's efforts to fight discrimination through the courts. In Bowers, the Supreme Court ruled that there was no constitutional protection for sodomy and that states could outlaw those practices. But in Lawrence, the Court overturned the Texas law - and the Bowers decision as well - because it denied due process protection to consenting adults whose sexual practices were conducted in private. Justice Kennedy's majority opinion reaffirmed a constitutionally protected right to privacy that prevented the government from regulating intimate behavior." "Tracing the Court's deliberations, Richards shows how Lawrence unambiguously establishes that the right to a private life is an innately human right and that our constitutional right to privacy rests on the moral bedrock of equal protection. He shifts from the law to literature, and from the Courts to the wider culture, to offer an analysis of the relevant arguments, going beneath their surface to link them to the emotional and moral foundations of the controversies raging around these decisions." "Both of these cases show a Supreme Court ready to take seriously the idea that homosexuals have human rights - and that these rights are the basis of judicially enforceable constitutional rights. In describing these challenges to public prejudice, Richards's book offers students and general readers new insight into the practice and theory of constitutional law.