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Global Issues in Employee Benefits Law
Paul Secunda, Samuel Estreicher, and Rosalind J. Connor
This book focuses on developing issues in international, comparative, and transnational employee benefits law. It is divided into four areas that practitioners will need to become familiar with in order to thrive in our increasingly global economy and legal practice: sovereignty and jurisdictional issues involving the Employee Retirement Income Security Act (ERISA); public and private pension issues with emphasis on the trend toward privatization and defined contribution plans; public and private health care issues surrounding national health care systems and private health insurance schemes; and the intersection between employment discrimination laws throughout the world and global employee benefit law issues.
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Decoding the U.S. Corporate Tax
Daniel N. Shaviro
The corporate tax could soon be headed in new directions, Dan Shaviro writes in Decoding the U.S. Corporate Tax, wherein he assesses the threats to America's corporate tax code and challenges conventional wisdom on the best avenues for reform. Shaviro dissects the vagaries of the law, lays out the fundamental policy issues, and considers the road ahead. As rising globalization, capital mobility, financial innovation, and political polarization combine to destabilize tax policy and government revenue, Shaviro maps the path to fair, revenue-generating reform.
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Civil Procedure: Theory and Practice
Linda J. Silberman, Allan R. Stein, and Tobias Barrington Wolff
The Third Edition takes account of important changes to the Federal Rules of Civil Procedure and fully integrates recent case law. In December 2007, stylistic changes to the Federal Rules of Civil Procedure took effect. These changes altered the language and numbering of most of the Rules. All references to the Rules have been updated in this edition. This edition also integrates the Supreme Court’s 2007 decision in Bell Atlantic Corp. v. Twombly and related cases into our coverage of pleading, discovery, and adjudication in Chapter 5. Our summary judgment discussion now includes a discussion of Scott v. Harris, a provocative Supreme Court decision reversing a denial of summary judgment for defendants in a § 1983 action brought against police for the use of excessive force during a high-speed chase. The preclusion chapter gives a full treatment to Taylor v. Sturgell, the Courts’ recent restatement of the law of parties bound and advantaged by a judgment. The centerpiece of compulsory joinder is now Republic of the Phlippines v. Pimentel, which is also the first occasion on which the Court has spoken to the interpretation of the restyled rules. And, responding to feedback from our adopters, we have tightened several chapters and added further comparative and social science perspectives throughout.
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International Aspects of U.S. Income Taxation
John P. Steines Jr.
This book addresses international aspects of U.S. tax law—the rules that govern U.S. taxation of U.S. activity by foreign persons and foreign activity by U.S. persons. It is an outgrowth of materials I have prepared for various courses in international taxation offered in the LL.M. program in taxation at New York University School of Law over the last twenty years. Though primarily attended by LL.M. students from the United States and numerous foreign countries, J.D. students typically also enroll in the courses, and there is no reason why the book may not be used with either group of students. The book is informed not only by teaching experience, but also by my experience practicing international tax law. I have tried to cover not only what is academically interesting, but also what is practical and important to tax practitioners in the private and public sectors. International tax draws from many sources and is exceedingly difficult. The book is designed to capture within its covers all that a student needs (other than the Internal Revenue Code and Treasury Regulations) to gain a sophisticated understanding of the field. There are many fine primers and treatises on international tax, but the rules are so intricate that students, who rarely have time to read outside sources, learn best by focusing on the primary material. My observation is that it is desirable that students studying international tax have prior or contemporaneous academic or practical exposure to corporate tax and at least passing familiarity with partnership tax. Each section of the book begins with carefully selected reading assignments in the Code and Regulations, followed by introductory “Notes” and then primary and secondary materials (cases, rulings, studies, etc.). In order to illustrate the effect of treaties, the reading assignments often include provisions of the U.S. Treasury Model Treaty and the treaty between the United States and the Netherlands, which are reproduced in the Appendix. Most sections conclude with a problem, which may be used as a vehicle for class lecture or discussion, designed to text understanding of the material in as practical a setting as brief hypothetical patterns permit. The Notes provide introductory explanation and probe policy and practical issues raised only peripherally or obscurely by the other assigned reading material. Though principally intended as a teaching resource, the book may also serve as a research and practice tool for practitioners. The Notes, which cite numerous cases, administrative materials, and law review articles, provide overview and analysis of most relevant practice areas and are an entry point to more detailed research. In that sense the Notes function as a concise analytical compendium, with more depth than a primer but not as exhaustive as a treatise. A table of contents follows immediately and a table of authorities and index are at the end of the book. The book, which is now in the fourth edition, reflects developments through July 1, 2009. Since the third edition, which was current thought August 1, 2007, there have been significant developments in several fields. Here are some of the highlights. On inbound matters, the United States entered into several new treaties with zero withholding on subsidiary-to-parent dividends (there are now twelve in all) and has begun the process on an individual treaty basis, consistent with OECD developments, of incorporating transfer pricing principles into attribution of profits to a permanent establishment. An important new protocol with Canada include a services permanent establishment, which is an emerging concept, and also a controversial and perhaps unintended provision on hybrid entities. Around the world, source countries are pressing to expand the scope of a permanent establishment, particularly in the area of services and activities of a subsidiary. Turning to transfer pricing, new cost sharing regulations were issued and advance pricing agreements continue to roll out. In the foreign tax credit area, there are new regulations on “foreign tax credit generator” transactions and several cases are pending in court, but proposed regulations on “technical taxpayer” issues arising in group consolidation regimes and reverse hybrid structures have not been finalized yet. For revenue reasons, Congress postponed the choice to adopt worldwide apportionment of interest expense to 2011. In subpart F, Section 954(c)(6)’s look-through rule will sunset at the end of 2009. New contract manufacturing regulations were issued but regulations implementing a previously announced new approach to substantial assistance in the foreign base company services area are still forthcoming. In cross-border mergers and acquisitions, proposed regulations at last (after twenty years) provide guidance under Section 367(a)(5) on outbound asset reorganizations, and updated temporary regulations shed light on inversion transactions. Various changes to regulations under Sections 956 and 367 combat attempts to use reorganizations as a means of achieving tax-free repatriations of cash. Proposed regulations taking a very different approach to branch currency transactions have not been finalized yet. The Obama administration included important changes to the international rules in its proposed 2010 budget, including deferral of deductions for expenses attributable to deferred income, consolidation of all foreign subsidiaries for purposes of calculating indirect foreign tax credits, prohibition of foreign tax credit separation techniques that are the subject of pending proposed regulations, elimination of disregarded entity status (under the check-the-box rules) for certain foreign companies beneath the first foreign tier, and inclusion of goodwill and workforce value within the definition of intangibles subject to transfer pricing constraints. The proposal was criticized by the business community as anti-competitive and by others as too piecemeal and also met with skepticism about the revenue estimates. At this moment, the near-term prospects for international tax reform in the United States are quite uncertain.
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Alabama Capital Defense Trial Manual
Bryan A. Stevenson
EJI’s Alabama Capital Defense Trial Manual (5th Ed.) is a 518-page, comprehensive review of criminal law, criminal procedure, and the trial process, with an emphasis on how to defend people facing the death penalty. The manual provides summaries of hundreds of relevant decisions from the U.S. Supreme Court and state and federal courts and provides guidance on best practices when representing a capital defendant. The Fifth Edition of EJI’s Alabama Capital Defense Trial Manual is available to capital defense attorneys for $35.
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Climate Finance: Regulatory and Funding Strategies for Climate Change and Global Development
Richard B. Stewart, Benedict Kingsbury, and Bryce Rudyk
Preventing risks of severe damage from climate change not only requires deep cuts in developed country greenhouse gas emissions, but enormous amounts of public and private investment to limit emissions while promoting green growth in developing countries. While attention has focused on emissions limitations commitments and architectures, the crucial issue of what must be done to mobilize and govern the necessary financial resources has received too little consideration. In Climate Finance, a leading group of policy experts and scholars shows how effective mitigation of climate change will depend on a complex mix of public funds, private investment through carbon markets, and structured incentives that leave room for developing country innovations. This requires sophisticated national and global regulation of cap-and-trade and offset markets, forest and energy policy, international development funding, international trade law, and coordinated tax policy. Thirty-six targeted policy essays present a succinct overview of the emerging field of climate finance, defining the issues, setting the stakes, and making new and comprehensive proposals for financial, regulatory, and governance mechanisms that will enrich political and policy debate for many years to come. The complex challenges of climate finance will continue to demand fresh insights and creative approaches. The ideas in this volume mark out starting points for essential institutional and policy innovations.
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Human Rights, Intervention and the Use of Force
Philip G. Alston and Euan MacDonald
The imperatives of sovereignty, human rights and national security very often pull in different directions, yet the relations between these three different notions are considerably more subtle than those of simple opposition. Rather, their interaction may at times be contradictory, at others tense, and at others even complementary. This collection presents an analysis of the irreducible dilemmas posed by the foundational challenges of sovereignty, human rights and security, not merely in terms of the formal doctrine of their disciplines, but also of the manner in which they can be configured in order to achieve persuasive legitimacy as to both methods and results. The chapters in this volume represent an attempt to face up to these dilemmas in all of their complexity, and to suggest ways in which they can be confronted productively both in the abstract and in the concrete circumstances of particular cases.
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Experiments in Ethics
Kwame Anthony Appiah
In the past few decades, scientists of human nature--including experimental and cognitive psychologists, neuroscientists, evolutionary theorists, and behavioral economists--have explored the way we arrive at moral judgments. They have called into question commonplaces about character and offered troubling explanations for various moral intuitions. Research like this may help explain what, in fact, we do and feel. But can it tell us what we ought to do or feel? In Experiments in Ethics, the philosopher Kwame Anthony Appiah explores how the new empirical moral psychology relates to the age-old project of philosophical ethics. Some moral theorists hold that the realm of morality must be autonomous of the sciences; others maintain that science undermines the authority of moral reasons. Appiah elaborates a vision of naturalism that resists both temptations. He traces an intellectual genealogy of the burgeoning discipline of experimental philosophy, provides a balanced, lucid account of the work being done in this controversial and increasingly influential field, and offers a fresh way of thinking about ethics in the classical tradition. Appiah urges that the relation between empirical research and morality, now so often antagonistic, should be seen in terms of dialogue, not contest. And he shows how experimental philosophy, far from being something new, is actually as old as philosophy itself. Beyond illuminating debates about the connection between psychology and ethics, intuition and theory, his book helps us to rethink the very nature of the philosophical enterprise.
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The Politics of Culture, the Politics of Identity
Kwame Anthony Appiah
Eva Holtby Lecture on Contemporary Culture
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Bu Me Bε: The Proverbs of the Akan
Peggy Appiah, Kwame Anthony Appiah, and Ivor Agyeman-Duah
Bu Me Be: Proverbs of the Akans is the most extensive bi-lingual Twi Proverbs Dictionary published since JG Christaller’s A Collection of 3600 Twi Proverbs (1879). Kwame Anthony Appiah’s Introduction demonstrates how these proverbs can be interpreted within the tested and contested theories of meaning and literary production to show how they compare with philosophical musings from ancient Greece to England. To understand these proverbs, one needs to understand the culture from which they come. The matrilineal culture traces the familial lineage from the mother’s side hence the Akan saying that; ‘a child may resemble the father, but he has a family’ – the family being a reference to one’s mother and others within the mother’s bloodline. The bi-lingual arrangement makes this dictionary unique and user-friendly to non-Akan speakers. A specialist African language text that will be of interest to academics and students on African history and language courses. An informed collection of over 7000 proverbs published over a century after Christaller’s book of 3600 proverbs was first published. Appiah’s Introduction contextualises the nuanced meaning of the proverbs to reveal the wit and wisdom of the Akan language and how it compares with other world languages.
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Experimental Law and Economics
Jennifer H. Arlen and Eric L. Talley
During the last two decades researchers in the field of experimental law and economics have made significant contributions to our knowledge of human behaviour and its interaction with legal and regulatory environments. This collection of previously published papers examines the use of laboratory experiments to test and develop these theories about how people behave, including their responses to legal rules. An important resource for judges, policymakers and scholars alike, the articles presented are drawn from diverse disciplines such as economics, law and psychology. The editors’ comprehensive introduction provides expert analysis and insightful discussion of new directions in the field. Also included is an extended bibliography of additional articles to further aid readers’ study.
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Institutional Foundations of Public Finance: Economic and Legal Perspectives
Alan Auerbach and Daniel N. Shaviro
Institutional Foundations of Public Finance integrates economic and legal perspectives on taxation and fiscal policy, offering a provocative assessment of the most important issues in public finance today. Part I, an in-depth look at the tax reform debate, examines the differences between an income and a consumption tax and poses significant questions about the systematic transition from one to the other, as well as about its implementation. Part II takes a focused look at a broad range of fiscal topics, including fiscal federalism, corporate finance, and fiscal language. As a whole, the volume reflects a keen interest in analyzing real-world problems, including fiscal regimes and institutions, that have major policy implications.
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Patriarchal Religion, Sexuality, and Gender: A Critique of New Natural Law
Nicholas Bamforth and David A.J. Richards
Legal theorists are familiar with John Finnis's book Natural Law and Natural Rights, but usually overlook his interventions in US constitutional debates and his membership of a group of conservative Catholic thinkers, the 'new natural lawyers', led by theologian Germain Grisez. In fact, Finnis has repeatedly advocated conservative positions concerning lesbian and gay rights, contraception and abortion, and his substantive moral theory (as he himself acknowledges) derives from Grisez. Bamforth and Richards provide a detailed explanation of the work of the new natural lawyers within and outside the Catholic Church - the first truly comprehensive explanation available to legal theorists - and criticize Grisez's and Finnis's arguments concerning sexuality and gender. New natural law is, they argue, a theology rather than a secular theory, and one which is unappealing in a modern constitutional democracy. This book will be of interest to legal and political theorists, ethicists, theologians and scholars of religious history.
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The New Latin American Left: Utopia Reborn
Patrick S. Barrett, Daniel Chavez, and César Rodríguez-Garavito
In the last few years, there has been a resurgence of social movements and left parties in Latin America with a strength and power unparalleled in the recent history of the region. Left and left-of-centre political forces with different historical trajectories and ideological nuances have achieved first municipal power and later national office in several Latin American countries. At the same time, social movements—from indigenous and peasant movements in Bolivia, Ecuador and Mexico to the piquetero movement in Argentina—have become central forces in the political life of those countries, to the point of decisively shaping the profile and rhythm of change of local and national governments. The most recent and visible example of the advance of the left is the election of Fernando Lugo as President of Paraguay, a country with a very long tradition of rule by the right and ultra-right. The victory by the Catholic Bishop and leader of the Alianza Patriótica para el Cambio (APC, Patriotic Alliance for Change) put an end to 61 years of authoritarian and corrupt administration by the Colorado Party (PC), the same party that had sustained the brutal dictatorship of Alfredo Stroessner. In statements recorded in the Spanish newspaper El País, Lugo declared that the electoral results of 20 April 2008 amounted to “a victory for the new Latin American left” and that his government would be based on a “preferential option for the poor”. This resurgence has taken social and political analysts by surprise, and their work is thus yet to take systematic account of them. As for the few analyses that do exist—thoroughly reviewed in Chapter I—two gaps are discernible. One is a lack of comparative or regional perspective. The other is the lack of an overview of the left that includes parties, governments and social movements, and the relationships between these three types of political actors, as work to date has tended to concentrate only on either partisan politics or on grassroots moblisation. This book is a product of the realisation that there is a gap to bridge between recent political trends and actual research-based knowledge about them. In an effort to provide such a bridge, we organised a three-year study on the emergence and consolidation of a new Latin American left. Due to the breadth and the explicitly comparative character of the project, we invited a group of Latin American political and social analysts with outstanding academic track records to examine the past, present and future of the left in their countries of origin. On the basis of a common research agenda and the collective discussion of drafts, authors analysed parties, governments and social movements in ten countries: Argentina, Bolivia, Brazil, Colombia, Ecuador, El Salvador, Mexico, Nicaragua, Uruguay and Venezuela. Seven case studies were finally included in this volume, with those on Ecuador, El Salvador and Nicaragua being excluded for strictly editorial reasons. The country studies are complemented by an introductory text and two essays taking a broader look at the new left in Latin America. The original studies were presented at an international conference on The New Latin American Left: Origins and Future Trajectory, held in Madison on 29 April 29 to 2 May 2004 and jointly organised by the A.E. Havens Center for the Study of Social Structure and Social Change at the University of Wisconsin-Madison and the Amsterdam-based Transnational Institute (TNI). The conference offered an unprecedented space for constructive, critical dialogue involving both activists and analysts, authors of the case studies as well as political and social leaders of the left in ten countries. The participation of social and political leaders enriched not only the quality and depth of debate at the meeting, but also the subsequent exchanges around the case studies resulting in this book. . . . A first version of this book was published in Spanish in April 2005: La Nueva Izquierda en América Latina: Sus Orígenes y Trayectoria Futura (Bogota: Grupo Editorial Norma). Given the rapid succession of developments in Latin America since the previous edition’s publication—in which history appears to be advancing at a much more accelerated pace than in other regions in the world—all the texts of the original version were revised and updated by the authors through May 2007 (with some subsequent corrections).
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Regulating Labour in the Wake of Globalisation: New Challenges, New Institutions
Brian Bercusson and Cynthia Estlund
In recent decades, the prevailing response to the problem of unacceptable labour market outcomes in both Europe and North America - national regulation of labour standards and labour relations, coupled with collective bargaining - has come under increasing pressure from the economic and technological forces associated with globalisation. As those forces have shifted power away from national governments and labour unions and toward capital, the appropriate institutional locus of labour regulation has become hotly contested. There have been efforts to move the locus of regulation downward to smaller units of governance, including firms themselves, upward to larger units such as regional federations and international organizations, and outward to non-governmental organizations and civil society. In this volume, labour relations scholars from North America and Europe examine the efficacy of these emerging forms of labour regulation, their democratic legitimacy, the goals and values underlying them, and the appropriate direction of reform.
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Securities Regulation: Cases and Analysis
Stephen J. Choi and A. C. Pritchard
This casebook seeks to make both securities markets and securities regulation accessible and manageable, helping students to master the basic principles and structure of securities regulation and enabling them to begin their careers as corporate lawyers with confidence.
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Securities Regulation: The Essentials
Stephen J. Choi and A. C. Pritchard
Securities Regulation: The Essentials is part of Aspen’s new Essentials Series, which takes a “forest rather than the trees” approach to teaching. This concise paperback concentrates on the fundamentals of Securities Regulation and uses a relaxed, personal style to explain them. Suitable for use with any casebook, this text will help students recognize and understand common themes and will precipitate understanding of the topics under discussion. Written by Stephen J. Choi and A.C. Pritchard, two well-regarded young securities regulation scholars in the country today, this outstanding resource: begins with an introduction to the role of information in the decision making processes of investors, then takes up various topics in securities regulation using the framework developed in the first part of the text; examines the underlying business problems facing issuers and investors in securities regulation; takes a problem-and-solution approach that allows the professor to ask whether the solution currently provided by the law is the best solution and what alternatives should be considered. Students will find the nuts-and-bolts approach of Securities Regulation: The Essentials reassuring and illuminating. Require or recommend this straightforward text for use alongside your casebook and watch student comprehension soar.
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EU Law: Text, Cases, and Materials
Paul Craig and Gráinne de Búrca
Written by two prominent experts in the field, the fourth edition of the market-leading EU Law: Text, Cases and Materials offers the reader an authoritative and comprehensive guide to the main fields of EU Law, both institutional and substantive. Through the distinctive mix of 50% text and50% cases and materials, the fully revised and updated fourth edition addresses the significant recent developments in EU legislation, including four new chapters on topics of central importance.The new enlarged format includes a two-colour text design which easily distinguishes between author commentary and cases and materials.Craig and de Burca's EU Law: Text, Cases and Materials is the bestselling EU Law textbook - recommended by many institutions as a core text for LLB courses and trusted by thousands of students to provide an authoritative commentary on EU Law.
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Learning the Logic of Subchapter K: Problems and Assignments for a Course in the Taxation of Partnerships
Laura E. Cunningham and Noël B. Cunningham
This product provides a complete set of partnership taxation problems for use in the classroom. Each problem contains assignments related to the text as well as the Code and regulations, and suggested additional reading.
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A History of the Hays Program, 1958-2008
Norman Dorsen, Sylvia A. Law, Helen Hershkoff, Gabrielle Prisco, and Kathryn Sabbeth
This history is a tribute to the extraordinary work conducted over the last half century by the 272 law students who have been Fellows in the Arthur Garfield Hays Civil liberties Program at New York University School of Law, including its subsidiary, in the late 1960s, the project on social Welfare Law. This book consists of the Program’s founding documents and annual reports for each of its 50 years, starting with 19858-1959. The history also include a short biographical statement on Arthur Garfield Hays, an Overview to provide a general history of the Hays Program, and a Note on Methodology. With the encouragement of my colleagues, Sylvia Law and Helen Hershkoff, I began working on this history two years ago. I have known all but one of the 272 Hays Fellows, and I have worked with most of them. They are an outstanding group of men and women who are devoted to the public interest as any body of people I have known in the civil liberties movement or elsewhere. The Program has of course changed over the years because of the personalities of the Fellows, that nature of their assignments, and the addition of new Directors. In addition, there are trends in civil liberties that bring different issues to the forefront as society evolves, although I always keep in mind Roger Baldwin’s frequent warning that “no civil liberties victory ever stays won.” In addition, each Hays Fellow brings a different perspective to the Program, and each year there is a different chemistry within the group. It was through the Hays Program that I began my work with the ACLU and other organizations. Whatever I have done through these institutions, my devotion to the Hays Program is as strong as ever, and I count myself fortunate that I have had the opportunity to serve as a Director of the Program for almost half a century. There are some important features of the Hays Program that merit special mention. One is that the faculty Directors have done all the administrative work and supervision of Fellows without an executive director or other staff, except for a series of talented secretaries/assistants. Thus, close personal bonds were created between Norman (from 1961), Sylvia (from 1977), and Helen (from 2000) with each of the Hays Fellows. This has deepened the experience for all of us, on the professional and personal level. Another reason for the close relationships that have developed has been the small number of Fellows. There were as many as five Fellows in only two of the first twelve years of the Program, and never more than five. Since then the number has fluctuated between four and seven. Every Fellow gets to know the other Fellows in his or her years and the Directors very well. A side effect of this cap on the number of Fellows is that we regretfully must reject many applicants of the highest quality and civil liberties commitments. The situation became more complicated in the late 1970s, when the Hays Fellows began to do most of their work with public interest lawyers at their offices. The new arrangement provided the Fellows with much valuable insight gleaned from those who were working so to speak on the front lines, rather than directly with Norman, or later, Norman and Sylvia. In order to maintain strong personal relationships among Fellows and Directors, the Program made several moves. We instituted frequent seminars for which Fellows rotate in preparing a report on their current work for discussion by the group. We also invite a former Fellow to meet with current Fellows each semester to discuss their year as a Fellow and their subsequent careers, whether in public interest firms, government service, teaching or the private practice of law with its attendant opportunities for pro bono contributions. And we have brought the Fellows more centrally into the process of selecting new Fellows. We want to salute the early work by the Program’s first Directors, Professor Donald Wollett (1958-1959) and Professor Paul Oberst (1959-1960), and the more recent contribution of Professor Michael Wishnie, who served as a Director from 2002 to 2006, and who is now a professor at Yale Law School.
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Intellectual Property: Principles Governing Jurisdiction, Choice of Law, and Judgments in Transnational Disputes: As Adopted and Promulgated by the American Law Institute at San Francisco, California, May 14, 2007
Rochelle C. Dreyfuss, Jane C. Ginsburg, and François Dessemontet
This work provides best practices for resolving transnational intellectual property disputes. These principles adapt traditional legal concepts to the world of the Internet and foster coordination among jurisdictions. The work covers personal and subject matter jurisdiction, title and transfer rights, and recognition and enforcement of foreign judgments.
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Cases and Materials on Torts
Richard A. Epstein
Well-known Torts expert Richard A. Epstein skillfully and effectively integrates modern scholarship and historical background in this highly successful casebook. Cases and Materials on Torts, now in its Ninth Edition, Is an excellent introduction To The first-year Torts course that has been classroom-tested – and proven – by generations of law students. Characteristics that have helped to make Cases and Materials on Torts a leader in the field include: Outstanding authorship : Richard A. Epstein is a well-known and highly respected expert in the field, and his presentation of the material with a definite economics-based point of view engages students and fuels class discussion Traditional approach : Cases are integrated with modern scholarship on moral theory, law and economics, and salient policy questions Thoughtful presentation : Professor Epstein examines the processes of legal method, legal reasoning, And The impact of legal rules on social institutions and exposes students to different intellectual approaches that have been employed to interpret tort law over the years Historical background : Discussion of the historical backdrop provides students with an accurate sense of Tort Law and its development up To The present comprehensive Teacher’s Manual : Professor Epstein shares proven teaching tips Continuing the past tradition of this widely used casebook, The Ninth Edition has been updated with: updated coverage of the growth in the doctrines of federal preemption into Tort Law, including whether compliance with a federal regulation blocks a state tort action coverage of the role of cyberspace in tort law, especially on the property torts, such as conversion New cases and updated notes throughout Well written and insightful, this venerable casebook provides a firm introduction to torts for first-year students, giving them a sense of the historical underpinnings of tort law as well as exposure to different intellectual approaches to interpreting it. An author website to support classroom instruction using this title is available at http://www.aspenlawschool.com/epstein9
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Supreme Neglect: How To Revive Constitutional Protection for Private Property
Richard A. Epstein
As far back as the Magna Carta in 1215, the right of private property was seen as a bulwark of the individual against the arbitrary power of the state. Indeed, common-law tradition holds that "property is the guardian of every other right." And yet, for most of the last seventy years, property rights had few staunch supporters in America. This latest addition to Oxford's Inalienable Rights series provides a succinct, pointed look at property rights in America--how they came to be, how they have evolved, and why they should once again be a mainstay of the law. Richard A. Epstein, the nation's preeminent authority on the subject, examines all aspects of private property--from real estate to air rights to intellectual property. He takes the reader from the strongly protective property rights advocated by the framers of the Constitution through to the weak property rights supported by Progressive and liberal politicians of the twentieth century and finally to our own time, which has seen a renewed appreciation of property rights in the aftermath of the Supreme Court's landmark Kelo v. New London decision in 2005. The author's own powerful defense of property rights threads through the narrative. Using both political theory and economic analysis, Epstein argues that above all that private property is a sound social institution, and not just an excuse for selfishness and greed. Only a system of private property lets people form and raise families, organize religious and other charitable organizations, and earn a living through honest labor. Supreme Neglect offers a compact, incisive look at this hotly contested constitutional right, championing property rights as an essential social institution.
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