Faculty Books & Edited Works

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Africana: The Encyclopedia of the African and African American Experience

Kwame Anthony Appiah and Henry Louis Gates Jr.

Ninety years after W.E.B. Du Bois first articulated the need for “the equivalent of a black Encyclopedia Britannica,” Kwame Anthony Appiah and Henry Louis Gates Jr., realized his vision by publishing Africana: The Encyclopedia of the African and African American Experience in 1999. This new, greatly expanded edition of the original work broadens the foundation provided by Africana. Including more than one million new words, Africana has been completely updated and revised. New entries on African kingdoms have been added, bibliographies now accompany most articles, and the encyclopedia's coverage of the African diaspora in Latin America and the Caribbean has been expanded, transforming the set into the most authoritative research and scholarly reference set on the African experience ever created. More than 4,000 articles cover prominent individuals, events, trends, places, political movements, art forms, business and trade, religion, ethnic groups, organizations and countries on both sides of the Atlantic. African American history and culture in the present-day United States receive a strong emphasis, but African American history and culture throughout the rest of the Americas and their origins in African itself have an equally strong presence. The articles that make up Africana cover subjects ranging from affirmative action to zydeco and span over four million years from the earlies-known hominids, to Sean “Diddy” Combs. With entries ranging from the African ethnic groups to members of the Congressional Black Caucus, Africana, Second Edition, conveys the history and scope of cultural expression of people of African descent with unprecedented depth. New to this Edition: more than 1,000 new entries, others updated and revised; articles covering cities, regions, countries and living subjects are all fully updated; additional articles on the African Diaspora in Latin America; hundreds of photos, tables and maps that have been updated for the new edition.
Federal Tax Practice and Procedure: Cases, Materials, and Problems

Brookes D. Billman and Camilla E. Watson

The casebook covers the organization and structure of the IRS, the return examination process, assessments, collections, overpayments, penalties, civil litigation, and criminal prosecutions. It also contains an expansive chapter on the ethical issues of tax practice. While the book is intended for use in a general federal tax practice and procedure course, it also may be used for separate courses or seminars in tax ethics, civil tax procedure, tax litigation, and criminal tax practice and procedure.
Law, Culture, and Ritual: Disputing Systems in Cross-Cultural Context

Oscar G. Chase

Disputing systems are products of the societies in which they operate—they originate and mutate in response to disputes that are particular to specific social, cultural, and political contexts. Disputing procedures, therefore, are an important medium through which fundamental beliefs, values, and symbols of culture are communicated, preserved, and sometimes altered. In Law, Culture, and Ritual, Oscar G. Chase uses interdisciplinary scholarship to examine the cultural contexts of legal institutions, and presents several case studies to demonstrate that the processes used for resolving disputes have a cultural origin and impact. Ranging from the dispute resolution practices of the Azande, a technologically simple, small-scale African society, to the rise of discretionary authority in civil litigation in America, Chase challenges the claims of some scholars that official dispute systems are more reflective of the interests and preferences of elite professionals than of the cultures in which they are embedded.
Gigs: Jazz and the Cabaret Laws in New York City

Paul G. Chevigny

Gigs provides a fascinating account of a unique victory for musicians against repressive entertainment licensing laws. It provides a much-needed study of the social, political, cultural and legal conditions surrounding a change in law and public attitudes toward vernacular music in New York City. This second edition includes a new preface by Hamish Birchall and an introduction by the series editors, Guy Osborn and Steve Greenfield, as well as an afterword by the author, and it will be essential reading for all those interested in the history of social attitudes toward the popular arts and the use of constitutional litigation for social change.
Securities Regulation: Cases and Analysis

Stephen J. Choi and A. C. Pritchard

Securities Regulation: Cases and Analysis includes detailed coverage of the SEC's 2005 Public Offering Reforms and 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. Each chapter begins with a brief essay laying out the economics of the subject of the chapter. Securities markets are all about money, so an understanding of the economic incentives of the various actors is essential to an understanding of the effects of the regulatory regime.
EU Law and the Welfare State: In Search of Solidarity

Gráinne de Búrca

This collection of essays addresses a topical subject of current importance, namely the impact of the EU on national welfare state systems. The volume aims to question the perception that matters of social welfare remain for Member States of the EU to decide, and that the EU's influence in this field is minor or incidental. The various essays trace the different ways in which the EU is having an impact on the laws and practices of the Member States in the area of welfare, looking at issues of social citizenship and the influence of the Charter of Fundamental Rights, as well as at the impact of EU economic freedoms - competition law and free movement law in particular - on both “services of general economic interest” and on national health-care systems. The significance of the so-called Open Method of Coordination in developing a new compromise on “social Europe” is discussed, as well as the tensions between market liberalization and social protection in the specific context of this transnational political system are examined. While the various authors clearly have different views on the likelihood of a robust form of European social solidarity developing, the book as a whole suggests the emergence of a distinctive, although partial and fragmented, European Union welfare dimension.
Social Rights in Europe

Gráinne de Búrca and Bruno de Witte

The book is concerned with the legal framework for protecting and promoting social rights in Europe. Its chapters examine procedural and substantive aspects of the Council of Europe's European Social Charter and the European Union's Charter of Fundamental Rights, as well as the EU's so-called “acquis” in the area of social rights. They look at a range of issues, including the strengths and weaknesses of the two systems in terms of promoting and protecting social rights by examining the legal and political enforcement mechanisms as well as at some of the important substantive rights contained within each.
Law and Globalization from Below: Towards a Cosmopolitan Legality

Bonaventura de Sousa Santos and César Rodríguez-Garavito

This book is an unprecedented attempt to analyze the role of the law in the global movement for social justice. Case studies in the book are written by leading scholars from both the global South and the global North, and combine empirical research on the ground with innovative sociolegal theory to shed new light on a wide array of topics. Among the issues examined are the role of law and politics in the World Social Forum; the struggle of the anti-sweatshop movement for the protection of international labour rights; and the challenge to neoliberal globalization and liberal human rights raised by grassroots movements in India and indigenous peoples around the world. These and other cases, the editors argue, signal the emergence of a subaltern cosmopolitan law and politics that calls for new social and legal theories capable of capturing the potential and tensions of counter-hegemonic globalization.
Land Use Controls: Cases and Materials

Robert C. Ellickson and Vicki L. Been

Give your students a casebook as dynamic as the subject of land use by adopting this thoroughly revised edition of a former best seller. LAND USE CONTROLS: Cases and Materials, Third Edition, illuminates the legal regulation of the land development process with a skillful blend of social scientific analysis and historical materials. Both students and instructors will appreciate the casebook's strengths: distinguished authorship. Robert C. Ellickson is a Professor of Law at Yale and author of several books and many law review articles dealing with land development and property; Vicki L. Been, is a highly respected scholar and authority on environmental justice whose thinking on land use has been published in prestigious law reviews and casebooks LAND USE CONTROLS is known and respected as a leading casebook, now completely updated for this latest edition an interdisciplinary approach that weaves historical, social, and economic perspectives throughout the work concise but comprehensive treatment of the legal issues that arise in both private and public regulation of land development, including environmental justice, building codes and subdivision regulations, and the federal role in urban development a thematic framework that reveals the connections among the multiple discrete topics under land law, with attention to the factual and political context of the cases and the aftermath of decisions helpful learning aids -- original introductory text, cases, notes, excerpts from law review articles, and visual aids such as maps, charts, and graphs . This revision covers all the most recent and important developments and features: Kelo and other U.S. Supreme Court decisions through June 2005 thoroughly updated notes, with recent cases, law review literature, and empirical studies recent land use controversies, such as the "Walmart Wars". If you want a teachable casebook with the latest information and a traditional notes-and-cases approach, be sure to consider LAND USE CONTROLS: Cases and Materials, Third Edition . This scrupulously revised edition helps you teach a course that is both challenging and interesting to students.
Free Markets Under Siege: Cartels, Politics and Social Welfare

Richard A. Epstein

Drawing on his extensive knowledge of history, law, and economics, Richard Epstein examines how best to regulate the interface between market choice and government intervention--and find a middle way between socialism and libertarianism. He argues the merits of competition over protectionism and reveals the negative results that ensue when political forces displace economic competition with subsidies and barriers to entry. In the process, he provides an illuminating analysis of some of the ways that special interest groups, with the help of sympathetic politicians, have been able to manipulate free markets in their favor.
Quo Vadis CISG?: Celebrating the 25th Anniversary of the United Nations Convention on Contracts for the International Sale of Goods

Franco Ferrari

There is no better occasion than the 25th anniversary of the United Nation Convention on Contracts for the International Sale of Goods (CISG) to examine whether, and if so, to what extent that Convention has reached its goal of unifying the law of international sale of goods. By giving an account of how that Convention had been applied in the various countries, the papers published in this book allow the reader to assess the degree of uniformity reached and, ultimately, determine how successful that Convention really is. Published in co-operation with Bruylant (Belgium) and FEC (France).
Civil Procedure

Jack H. Friedenthal, Mary Kay Kane, and Arthur R. Miller

Gain insight into the laws governing all of the major steps in the civil litigation process, starting with investigation and ending with post-appeal collateral attacks. This text covers the major themes underlying the governing legal standards and those basic issues that the case law and literature suggest to be the most pressing. References to federal practice and procedure are provided with a discussion on the burden of complex, multi-party litigation on the judicial system.
Civil Procedure: Cases and Materials

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

Updated to include a contemporary perspective, this popular classic casebook covers important developments in several areas of civil procedure and incorporates student and professor comments on previous editions. While it retains a focus on procedural evolution, the new ninth edition also discusses cutting-edge issues, such as transnational litigation and technology's effect on jurisdictional doctrine. To make way for new material, this edition abbreviates a few older cases and commentaries and streamlines some notes.
Regulation of Lawyers: Problems of Law and Ethics

Stephen Gillers

The ideas in this book and the course for which it is assigned will govern all of your professional life. Here you will learn the rules you have to live by and the consequences if you ignore them. Other courses teach lessons that bear on your clients’ problems more directly. This course is for you. Unless you work in the areas of legal malpractice, lawyer discipline, or the like, you and not your clients will be the immediate beneficiary of what you learn here. Your clients will be indirect beneficiaries. But there’s one exception. Knowledge of lawyer regulations permits you to know if another lawyer is acting in a way that violates your client’s rights—for example, rights under conflict rules or rules against communicating with another lawyer’s clients. The subject of this course can be discussed from three perspectives. T the precipice of your career, perhaps most important are rules that constrain your professional behavior. In such areas as competence, fees, marketing, confidentiality, conflicts of interest, negotiation, and the client-lawyer relationship, what may you do and how may you behave—with confidence that your conduct will not land you before a disciplinary committee, lead to a civil lawsuit, invite court sanction, forfeit your fee, or damage your reputation? Even to ask this question should be sufficient to forewarn you that the “ethics” in legal ethics is not merely about being amorally good person. It is also about being a professionally safe lawyer. For the fact is that the law business is heavily regulated, like banking, securities, and pharmaceuticals. The regulations are becoming increasingly complex. They have already led to creation of a new phrase—the law governing lawyers—lest anyone is fooled by the word “ethics” into believing that the subject is mostly about how to be liked or respected. You make two mistakes at your peril. First, do not believe that the right way to act—toward 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 in 800 pages. The rules here are often not self-evident; they may even be counterintuitive and can be exquisitely subtle in their application. Second, do not assume that the law office that hires you will provide all the protections you need against missteps. Good law offices do have systems to detect and avoid improper conduct. But they are not perfect, and, anyway, the duty to act properly is generally not delegable. The individual responsibility of each lawyer cannot be entrusted to a boss. In the end, you’re on your own. The second perspective from which to view the law governing lawyers is the relationship between the profession and society. The rules that lawyers impose on themselves through self-regulation or that are imposed on them by courts and legislatures, taken together, help defined 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 also affects the size of legal fees and whether or how large categories of people use lawyers. Similarly, 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 them. In short, nearly every rule, whatever its source, as social and political consequences beyond any single representation or practice, although there is often fierce disagreement over what these consequences will be and whether they should be avoided or encouraged. 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 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. Both kinds of questions, but more so the second, engender different, and sometimes vehement, responses from practicing lawyers. Why? In part, because to answer them we must call upon political and moral values more fundamental than the “ethics” that inform various codes. And, of course, the political and moral values of different people may differ fundamentally. In addressing these questions, we should also try to be honest about the interests we mean to protect. Those of society generally? The legal profession’s? The interests of lawyers in practices like the one we have or expect to have? Those of the particular client population we serve? Our firm’s? Our own? Law school and law practice, it is sometimes said, encourage more rather than less self-interestedness in answering the questions raised here. In transition as you are, your answers to many of them will likely vary from what they would have been before you entered law school and will likely be still different five years after you graduate. I wrote that rules governing the practice of law can be discussed from three perspectives. I have so far listed two. The third is the effect of lawyers’ work on the people who do the work, that is, the effect of role on self. For example, a rule that requires silence though it means that another will suffer injustice will take its toll on those who must obey it. As man and women, we consider it laudable to speak up to prevent injustice to others. As lawyers, we may be forbidden to do so. How can we reconcile these two positions, not intellectually or theoretically but personally, within ourselves? A similar point can be made about the rule that requires lawyers diligently to pursue the lawful goals of their clients even if these goals (or legal strategies used to achieve them) offend the lawyer’s values. Or consider the oft-cited schism between the qualities of personality that law office culture tends to reward and the ones encouraged in personal and family life. Do you have to learn behavior in order to survive in professional environments that will make you unpleasant in social and familial ones—unless you also learn how to “leave it at the office”? Once thinks of the common retort of a lawyer’s lay relatives: “Oh, stop talking like a lawyer!” Many topics in this book lend themselves to discussion of the effect of role on self (an issue which I hope you are able to address in class) but certainly they are worthy of self-reflection throughout your career, starting now. This is the seventh edition of this book. I started work on the first edition in 1982. Between editions I spend an hour or two each week planning for 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 some 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 doubt that I would have continued at it this 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 of 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—but a casebook is a book, after all, and should have, well, personality, and authorial presence in so far as possible. So you may find the tone or voice in my contributions to this volume (and even some of the editorial selections) different from what you’re accustomed to encountering in the genre. That’s what makes the book mine. The legal profession is a culture of storytellers and stories. Harrison Tweed, a president of the Association of the Bar of the City of New York, 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 in fact inscribed on a wall at the Association’s headquarters. As a young lawyer, I thought Mr. Tweed was a little over the top, if not downright sanctimonious, in making so grandiose a claim. At that 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.” To some extent, I still find Tweed a bit excessive, though not quite as passionately as when I was starting out, and Shaw apt, even if hyperbolic. And yet Tweed has a point. The profession and its members are fascinating to study and its stories are fascinating to hear. Like any culture, understanding it requires density of information. We must know a thousand small things about life within the society of lawyers, not merely two or three big things, if we are going to understand it truly. While this book is not a sociological study of lawyers or of legal institutions, I have tried to incorporate current events in the materials and to offer you note cases—little stories, really—exemplifying multiple variations on particular themes. I believe that these will make the culture of law practice more real for you and thereby better help you understand the rules that define it. Finally, I invite your views on the book. What was dull? What worked well? How can the book be improved? Have you encountered a story somewhere (true or fiction) that you think nicely highlights an issue? You can reach me in several ways. By snail mail at NYU School of Law, New York, NY 10012. By fax at (212) 995-4658. Send e-mail to stephen.gillers@nyu.edu. All comments will be acknowledged.
Regulation of Lawyers: Statutes and Regulations

Stephen Gillers and Roy D. Simon

Prior edition of Regulation of Lawyers: Statutes and Regulations.
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: In the period from the enactment of the Tax Reform Act of 1986 until the end of the 2004, Congress enacted well over 100 different laws amending the Internal Revenue Code, not counting the legislation affecting Social Security, railroad retirement, unemployment compensation, tariffs of customs duties, or the public debt limit. The Code currently contains over 1900 provisions affecting individuals and businesses. As of May 2005, 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 2004, the Treasury and IRS published 52 Treasury Decisions (containing final and temporary regulations), 60 sets of proposed regulations, 113 Revenue Rulings, 73 Revenue Procedures, 84 Notices, 103 Announcements, over 2,400 Private Letter Rulings and Technical Advice Memoranda, 6 Actions on Decisions, and a partridge in a pear tree. For 2004 an individual fling the income tax Form 1040 could file a return with 79 lines, with 9 additional schedules. The schedules refer you to 24 additional worksheets. The instructions to the Form 1040 filled 128 pages of rather small type. In addition to Form 1040, there are 22 additional forms that can be used by individuals. Meanwhile, the courts have decided over 35,000 tax cases. In 2004 alone, over a thousand tax bills were introduced in the Congress. Most of them go nowhere, but Congress passed 11 tax bills in 2004, ranging from the Arrow Components Act of 2004, which contained only one section, to the massive American Jobs Creation Act of 2004, which had hundreds of provisions amending the Code. And hardly a day passes without a new proposal for replacing the income tax either with some form of consumption tax or a broader-based, flatter-rate income tax. 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 edition, 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.
What's Wrong with Children's Rights

Martin Guggenheim

Children's rights: the phrase has been a legal battle cry for twenty-five years. But as this provocative book by a nationally renowned expert on children's legal standing argues, it is neither possible nor desirable to isolate children from the interests of their parents, or those of society as a whole. From foster care to adoption to visitation rights and beyond, Martin Guggenheim offers a trenchant analysis of the most significant debates in the children's rights movement, particularly those that treat children's interests as antagonistic to those of their parents. Guggenheim argues that children's rights can serve as a screen for the interests of adults, who may have more to gain than the children for whom they claim to speak. More important, this book suggests that children's interests are not the only ones or the primary ones to which adults should attend, and that a best interests of the child standard often fails as a meaningful test for determining how best to decide disputes about children.
Federal Habeas Corpus Practice and Procedure

Randy A. Hertz and James S. Liebman

In 1996, Congress substantially reshaped federal habeas corpus law and procedure by enacting the Antiterrorism and Effective Death Penalty Act (AEDPA). The legislation affected numerous aspects of the federal habeas corpus process, changing standards and procedures that had long been in effect. Since 1996, the Supreme Court and the lower federal courts have grappled with numerous difficult questions in interpreting AEDPA’s language and determining how best to implement the legislation’s general rules in a wide variety of factual contexts, many of which were not anticipated by AEDPA’s drafters and do not fit comfortably within AEDPA’s rules. Finally, as of now, a decade later, the bulk of the largest and most vexing questions have been resolved, leaving only a few issues that still require resolution by the Supreme Court. This edition of the book accordingly is able to present a more complete picture of AEDPA’s standards and implications than was possible in prior editions. Chapter 3 presents an overview of AEDPA’s provisions (and, in 3.5b, an outline of the rules that apply to different types of cases) and subsequent chapters delineate the specific changes that AEDPA made and the types of cases to which the changes apply. Yet, even as this book is going off to press in October 2005, the Senate and the House of Representatives are considering new bills that could radically change federal habeas corpus law and ignite an even larger and more troubling set of interpretational and constitutional difficulties and implementation problems. Not surprisingly, therefore, the bills have prompted opposition not only from advocates on behalf of the imprisoned but also from federal and state court judges and state attorneys general who seek to stave off the kinds of procedural uncertainties and delays that Congress produced with its enactment of AEDPA in 1996 and from which the federal and state courts are only now beginning to recover. This then is a paradoxical moment for federal habeas corpus procedure: The federal habeas corpus process has finally attained a degree of stability that has been absent since Congress’ enactment of AEDPA; and yet the process stands on the precipice of a new period of chaos. Because there is no way to predict at this point whether any of the pending bills or some variant will be enacted, or even whether or how soon Congress will reach a judgment about the proposals, we have decided to go forward with this new edition in the hope of providing our readers with our best understanding of the law as it currently exits. In the event that any new legislation is adopted, we will respond promptly by issuing a supplement to describe the new statutes and how they interact with preexisting law and procedure.
Constituting Empire: New York and the Transformation of Constitutionalism in the Atlantic World, 1664-1830

Daniel J. Hulsebosch

According to the traditional understanding of American constitutional law, the Revolution produced a new conception of the constitution as a set of restrictions on the power of the state rather than a mere description of governmental roles. Daniel J. Hulsebosch complicates this viewpoint by arguing that American ideas of constitutions were based on British ones and that, in New York, those ideas evolved over the long eighteenth century as New York moved from the periphery of the British Atlantic empire to the center of a new continental empire. Hulsebosch explains how colonists and administrators reconfigured British legal sources to suit their needs in an expanding empire. In this story, familiar characters such as Alexander Hamilton and James Kent appear in a new light as among the nation's most important framers, and forgotten loyalists such as Superintendent of Indian Affairs Sir William Johnson and lawyer William Smith Jr. are rightly returned to places of prominence. In his paradigm-shifting analysis, Hulsebosch captures the essential paradox at the heart of American constitutional history: the Revolution, which brought political independence and substituted the people for the British crown as the source of legitimate authority, also led to the establishment of a newly powerful constitution and a new postcolonial genre of constitutional law that would have been the envy of the British imperial agents who had struggled to govern the colonies before the Revolution.
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 every day 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: 1)rudimentary fairness and the trade off between equity and efficiency; 2)defining the parameters of a dispute in terms of the presentation of issues and the obtaining of information; 3)defining the scope of the dispute in terms of parties, particularly as the judicial system confronts increasingly complex litigation; 4) defining the power of the courts; 5) securing finality; and 6) the costs of procedure.
Recognition and Enforcement of Foreign Judgments: Analysis and Proposed Federal Statute: Proposed Final Draft (April 11, 2005)

Andreas F. Lowenfeld and Linda J. Silberman

Reporters Andreas Lowenfeld and Linda Silberman have worked for six years on proposed federal legislation concerning enforcement of foreign judgments. In the United States, the subject has largely been treated as a matter of state law, notwithstanding its substantial significance for relationships with other countries. The ALI initially asked Professors Lowenfeld and Silberman to draft implementing legislation for what was then expected to be an agreement, drafted under the auspices of the Hague Conference on Private International Law, for an international convention on Jurisdictions and Judgments. The State Department encouraged the ALI to undertake this work. When progress slowed at The Hague, the Reporters and most of their Advisers decided that the United States would benefit from a federal statute whether or not there was a convention to implement and that the ALI should draft and recommend such a statute. Some Advisers and some Institute members have disagreed with that view, believing that state jurisprudence on the subject, guided by the Uniform Act recommended by the National Conference of Commissioners on Uniform State Laws and enacted in about 30 states, has been satisfactory. However, substantial majorities of the Advisers, the ALI Council, and our interested members have continued to support the effort to recommend a federal statute. We expect to conclude work on this subject this year under the project’s new and more accurate title: Recognition and Enforcement of Foreign Judgments: Analysis and Proposed Federal Statute. The analysis is expressed in a comprehensive review of the law, largely contained in commentary and Reporters’ Notes. The proposed statute is in the tradition of ALI statutory work on tax law, on securities law, and most recently on the Federal Judicial Code. Our goal in this project is to clarify the law and to foster consideration of federal legislation to achieve national treatment of foreign judgments and the uniformity, in both federal and state courts, that should attend such treatment. Federal legislation would be an appropriate exercise of Congressional authority and, to the extent the Supreme Court continues to treat recognition and enforcement of foreign judgments as matters governed by state law, would be necessary to transform an important question, with growing international implications, from one of state law to one of national law. The constitutional basis for the legislation is set out in the Introduction to this draft. The most controversial issue in this effort has been whether to require reciprocity from countries whose judgments come before an American court for enforcement. The Reporters have done imaginative and sophisticated work to draft and explain the reciprocity requirement included in the present draft. The membership of the ALI was and probably still is divided on whether the statute should contain such a requirement, but a vote at last year’s Annual Meeting favored reciprocity. We believe that this project will have influence whether or not the recommended statute is enacted. That was true of the Institute’s Federal Securities Code and of a number of our federal income tax projects. It was also true of the ALI’s important Study of the Division of Jurisdiction Between State and Federal Courts, published in 1969. When we recommended Federal Judicial Code amendments in 2004, we said of that earlier work: “[T]he 1969 Study . . . exerted [an] enormous influence . . ., but . . . [the] Congress [was never] persuaded to adopt its recommendations on a wholesale basis.” Federal Judicial Code Revision Project, Introductory Statement at 1. We hope that at an appropriate time, the recommended federal statute will achieve Congressional approval. But whether or not it does, we think that our work will help the legal community understand these challenging issues and that it will influence the future development of the law of judgments in the international arena. The Reporters, leading scholars of both Civil Procedure and international law, have made major contribution to the Institute and legal scholarship. We thank them, the distinguished group of Advisers who assisted the Reporters, and the many ALI members who have participated in our lively discussions of this subject.
Civil Procedure

Arthur R. Miller and Jack H. Friedenthal

Comprehensive analysis of civil procedure, convenient for class or exam preparation. Provides clear and concise explanations of legal concepts and terms, along with exam hints, strategies, mnemonics, charts, tables, and study tips. Includes self-testing and diagnostic review questions, and Case Squibs, which are capsule summaries of significant cases identifying important facts, primary issues, and relevant law. Provides a Casebook Table, which keys to relevant pages of leading casebooks, and numerous essay and multiple choice questions with model answers and detailed explanations. The 10-5-2 Hour Study Guide offers study suggestions for the critical hours before an exam
Cross-Border Human Resources, Labor and Employment Issues

Andrew P. Morriss and Samuel Estreicher

As the world's economies grow ever more interdependent, national regulation of labor markets become more and more problematic. Globalization fundamentally alters how labor markets respond to regulatory regimes. Differences in national political solutions of balancing the market's demand for a company's efficiency and productivity and employees' and unions' demands for state interventions become harder to maintain in an environment where employers can shift work among jurisdictions through cross-border movements of workers, trade agreements, and global human resources management. This important theme was the focus of New York University's 54th Annual Conference on Labor and Employment Law. This long-standing, influential conference is the premier forum for bringing together legal practitioners, academics and researchers, government officials, representatives of companies and labor unions, and human resources specialists to explore solutions to problems in the workplace. The Conference has recently been brought under the umbrella of the Center for Labor and Employment Law at the New York University School of Law, chaired by Professor Samuel Estreicher. This highly significant book reprints the papers presented at the 54th Conference, with several additional papers. In its pages more than 40 noted labor and employment experts from a diverse range of countries and disciplines offer penetrating analyses of developments and trends in such areas as the following: regulation of immigrant labor; legal issues facing undocumented workers; labor markets in border regions; guest worker programs; extraterritorial applications of U.S. law; employee rights under EU law; the role of antidiscrimination law; harmonizing alternative dispute resolution processes worldwide; termination policies; data ownership; linguistic diversity; international labor standards and institutions transnational cooperation among labor unions. In addition to addressing the various technical legal questions, this volume features empirical work that provides valuable data with which to support or formulate policy arguments. A wide-ranging yet incisive survey of expert opinion and analysis in the field, it will be of great usefulness to all professionals involved in labor and employment law and policy in the multinational arena.
Microeconomics

Robert S. Pindyck and Daniel L. Rubinfeld

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. 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.
Disarming Manhood: Roots of Ethical Resistance

David A.J. Richards

Masculine codes of honor and dominance often are expressed in acts of violence, including war and terrorism. In Disarming Manhood: Roots of Ethical Resistance, David A. J. Richards examines the lives of five famous men—great leaders and crusaders—who actively resisted violence and presented more humane alternatives to further their causes. Richards argues that William Lloyd Garrison, Leo Tolstoy, Mohandas Gandhi, Winston Churchill, and Martin Luther King Jr. shared a psychology whose nonviolent roots were deeply influenced by a loving, maternalistic ethos. Drawing upon psychology, history, political theory, and literature, Richards traces a connection between these leaders and the maternal figures who profoundly shaped their responses to conflict, often on the basis of an original interpretation of the teachings of Jesus of Nazareth. The voice of nonviolent masculinity has empowered ethical transformations, including civil disobedience in South Africa, India, and the United States. Disarming Manhood demonstrates that as Garrison, Tolstoy, Gandhi, Churchill, and King carried out their various missions, they were galvanized by teachings whose ethical foundations rejected unjust violence. Accessibly written and free of jargon, Disarming Manhood will interest a wide audience as it furthers the understanding of human nature itself and contributes to the fields of developmental psychology and feminist scholarship.