Faculty Books & Edited Works

Printing is not supported at the primary Gallery Thumbnail page. Please first navigate to a specific Image before printing.

Switch View to Grid View Slideshow

The Case for Gay Rights: From Bowers to Lawrence and Beyond

David A.J. Richards

As Americans wrestle with red-versus-blue debates over traditional values, defense of marriage, and gay rights, reason often seems to take a back seat to emotion. In response, David Richards, a widely respected legal scholar and long-time champion of gay rights, reflects upon the constitutional and democratic principles—relating to privacy, intimate life, free speech, tolerance, and conscience-that underpin these often heated debates. The distillation of Richards’s thirty-year advocacy for the rights of gays and lesbians, his book provides a reflective treatise on basic human rights that touch all of our lives. Drawing upon his own experiences as a gay man, Richards interweaves personal observations with philosophical, political, judicial, and psychological insights to make a compelling case that gays should be entitled to the same rights and protections that every American enjoys. Indeed, the call for gay rights can trace its lineage back to the powerful protest movements of the 1960s and 1970s, which demanded racial and sexual equality and ultimately overthrew the bigoted status quo. Richards focuses particularly on two key Supreme Court cases: the 1986 decision in Bowers v. Hardwick upholding Georgia’s anti-sodomy laws and the 2003 decision in Lawrence v. Texas striking down Texas anti-sodomy laws and overturning Bowers. He shows how Bowers arose in a period of constitutional crisis over the right to privacy and examines the opinions in light of the Court’s division in Roe v. Wade. He then shows that Lawrence must be understood in the context of later cases, notably Casey and Romer, which required that Bowers be reconsidered and overruled. Along the way, he examines current debates over gays in the military and same-sex marriage, assesses the Massachusetts Supreme Court’s decision to permit gay marriage, and critiques the 1996 Defense of Marriage Act. Eloquent and impassioned, Richards’s work crystallizes the essence of the argument for a much more expansive and tolerant view of gay rights in America. It also offers a touching account of one gay man’s very personal struggle to find the voice he needed to speak truth to the powerful forces of discrimination.
Rethinking the Patriot Act: Keeping America Safe and Free

Stephen J. Schulhofer

The USA Patriot Act One is of the most controversial and possibly one of the most misunderstood laws Congress has ever enacted. For many Americans, it is synonymous with an egregious and unjustifiable suspension of the Bill of Rights. Others, troubled but more cautious, identify the Patriot Act with the grant of unprecedented powers that put civil liberties at some risk. Many who reject these concerns nonetheless accept their underlying assumption—that the Patriot Act does indeed give the federal government a package of powerful new search and surveillance tools. In Rethinking the Patriot Act, Stephen J. Schulhofer explains the act’s most important provisions and reviews the best information currently available to gauge their usefulness and their effects in practice. Contrary to conventional wisdom, Schulhofer argues that much of the Patriot Act was essential, and some of it, if not essential, was reasonably defensible. In fact, the act includes provisions—seldom noticed—that add new protections for certain civil liberties, extend new benefits to certain immigrant groups, and provide new remedies for violations of individual rights. Nonetheless, Schulhofer concludes, many of the act’s new powers are far too broad, and even where the case for broad powers is strong, they were typically conferred with little effort to assure transparency and accountability.
International Aspects of U.S. Income Taxation

John P. Steines Jr.

This book addresses the 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 primary material. Though primarily 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 numerous research topics. 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 second edition, reflects developments through August 1, 2005, including the American Jobs Creation Act of 2004. The Act repealed the Extraterritorial Income regime (“ETI”), prospectively (in 2007) reduced to two the number of separate foreign tax credit limitations, retroactively (to 2003) repealed the separate limitation for “10/50” companies, prospectively (in 2009) authorized worldwide allocation of interest expense, polices “inversion” transactions via imposition of new corporate-level tax, permits low-taxed dividends from foreign subsidiaries through the end of 2005 (and longer if, as some suspect, the sunset date is extended), relaxed taxation of international shipping operations, and made miscellaneous changes to subpart F and the inbound rules. Much of the revenue saved by repeal of the ETI (and more) was spent on a new deduction equal to a specified percentage of net income from domestic manufacturing. The percentage is three percent for 2005 and 2006, six percent for 2007 through 2009, and nine percent thereafter. When fully phased in, the deduction will translate into a rate reduction from 35 percent to just under 32 percent. Apart from the economic flaw (why single out domestic production for favorable treatment?), having to isolate net income from domestic manufacturing will subject purely domestic activity to the same genre of headaches that has long plagued international activity: the need to categorize activity and to delineate associated items of income and expense. It will be no surprise if a future Congress repeals the domestic manufacturing deduction and replaces it with a single rater structure for all types of activity.
The Regulation of International Trade

Michael J. Trebilcock and Robert L. Howse

The Regulation of International Trade is the definitive text tracing the origins and development of the world's system of trade and tariffs. Drawing on a widevariety of classic and contemporary sources, the authors provide a critical analysis of the institutions and agreements that have shaped international trade rules, including the World Trade Organization, the North American Free Trade Agreement and the commercial aspects of the European Union. Basic principles such as Most Favored Nation and National Treatment are contextualized, and special sections cover trade areas such as agriculture, services and the growing debate over trade-related intellectual property rights. The environment, labor rights and migration are also examined in light of the growing debate over globalization and groundbreaking international treaties such as the Kyoto Agreement. Drawing on previous highly praised editions but including up-to-date material on the Doha trade round and the growing body of WTO dispute resolution case law, this comprehensive text is an invaluable guide to students of economics, law, politics and international relations.
The Secrecy Problem in Terrorism Trials

Serrin Turner and Stephen J. Schulhofer

In addition to written sources, this Report draws from over twenty detailed interviews with a range of individuals possessing extensive first-hand experience in terrorism investigations and prosecutions. Those interviewed include lead prosecutors and defense counsel involved in the four most significant terrorism cases of the 1990s: the 1993 World Trade Center bombing trial; the trial of Sheikh Omar Abdel Rahman and others for the so-called “Day of Terror” plot, involving a failed scheme to blow up various New York City landmarks on a single day; the trial of Ramzi Yousef for the “Bojinka” plot, a failed Al Qaida plan to blow up a dozen airliners crossing the Pacific over a twenty-four-hour period; and the trial of four Al Qaida members for the 1998 bombings of the U.S. embassies in Kenya and Tanzania. Current and former officials from the Department of Justice, Federal Bureau of Investigation, and Central Intelligence Agency were also consulted. Some of the individuals interviewed did not wish to be quoted by name; they are cited but not identified individually in the text and endnotes.
Local Government Law: Cases and Materials

Lynn A. Baker and Clayton P. Gillette

This law school casebook approaches its subject from a public law perspective. The key question is whether the executive, the legislature, or the judiciary should make a given decision, or perhaps whether the good or service at issue should be provided by government at all. In order to explore this question, the authors go beyond case law to integrate learning from other disciplines, ranging from public finance to political philosophy.
Intellectual Property: Trademark, Copyright, and Patent Law: Cases and Materials

Rochelle C. Dreyfuss and Roberta Rosenthal Kwall

This casebook applies the principles of intellectual property protection to fact patterns arising in a variety of industries, including music, art, computers, biotechnology, and industrial design. The text takes a comparative approach to intellectual property that emphasizes the commonalities and differences in the theories underlying the regimes of trademark, copyright, and patent law. State law is integrated into the discussion, comparing laws and raising issues of pre-emption as they naturally occur in cases. A comprehensive teacher's manual provides answers to the problems, discusses each case in detail, and includes background materials, hypotheticals, and suggested readings.
Cases and Materials on Torts

Richard A. Epstein

If you are not already planning to use the new edition of Richard A. Epstein's casebook in your next torts course, stop and reconsider before you submit your adoption decision. Generations of law students have found the path to understanding with the help of this illuminating casebook. Cases and Materials on Torts effectively integrates modern scholarship with historical background to provide a solid introduction to basic torts: Author Richard A. Epstein is well known and highly regarded for his scholarship. The book takes a traditional approach To The subject, integrating cases with modern scholarship on moral theory, law and economics, and salient policy questions. An extremely thoughtful presentation examines the processes of legal method, legal reasoning, And The impact of legal rules on social institutions as it exposes students To The various intellectual approaches that have been taken to interpreting torts. The presentation of historical background. recognized as among the finest treatments in the field. grounds students in the development of tort law from the formative cases To The present day. The detailed Teacher's Manual offers teaching tips proven successful through years of use. the Eighth Edition incorporates several changes: New Material on statutory developments, such as Sept. 11 Victim Compensation Fund and asbestos compensation (pending passage). Coverage of the cybertrespass debate and spam, including Hamidi v. Intel. Updates on punitive damages, including the Supreme Court's State Farm case. New cases on guns as a public nuisance and statutory responses (pending passage). Updated and reorganized coverage of defamation and products liability. With exceptional clarity and quality, this highly successful casebook puts torts in context for your students.
Competition Laws in Conflict: Antitrust Jurisdiction in the Global Economy

Richard A. Epstein and Michael S. Greve

The growth and integration of national and global markets should make the world more competitive and antitrust policy less important. Instead, globalization has produced a veritable antitrust proliferation. When corporate transactions routinely cross borders, anticompetitive practices in one jurisdiction invariably affect producers and consumers in another. A system in which each affected jurisdiction gets to apply its own competition rules to those transactions poses a danger of grave political conflicts and, moreover, intolerable costs for producers, who must comply with the often conflicting demands of multiple jurisdictions. Moreover, states have powerful incentives to permit domestic industries to exploit outsiders, or even to facilitate such practices. High-profile antitrust conflicts, from the prosecution of Microsoft in state, national, and international forums to the transatlantic disagreement over the European Union’s merger policy, illustrate the difficulties. Possible solutions to these problems range from improved intergovernmental cooperation, to direct policy harmonization, to a new regime of “structured competition” in antitrust policy modeled on U.S. corporation law. In Competition Laws in Conflict, leading experts explore these and other routes to a new and better institutional design for global antitrust in the national and international contexts. While the authors all start from the premise that legal rules–substantive and procedural–should seek to maximize aggregate social welfare, many of them disagree on the suitable jurisdictional arrangements. On the domestic front, most authors opt for a sharper distinction between national and local responsibilities. At the international level, the authors’ preferences range from a thoroughgoing harmonization of antitrust law to an antidiscrimination regime under WTO auspices to a defense of the existing, near-anarchic regime. The editors’ introduction provides a theoretical framework for the basic jurisdictional problems in antitrust law. Their conclusion reviews the contributions in light of that framework and provides policy recommendations.
Cases and Materials on Employment Discrimination and Employment Law

Samuel Estreicher and Michael C. Harper

This law school casebook presents updated materials on employment discrimination law. The book provides a text for a comprehensive course on substantive and procedural law, including in depth analysis of models of proof under Title VII, as well as of the special problems presented by the regulation of sex, age, disability, and retaliatory discrimination. The book also highlights procedural systems under Title VII, the Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act (ADA), as well as issues of coordination between private arbitration and federal and state regulation.
Cases and Materials on Employment Law

Samuel Estreicher and Michael C. Harper

While growing out of our larger text on Employment Discrimination and Employment Law, this book is intended for use in a stand-alone, three-hour course in Employment Law. We cover the ranges of questions that a practitioner in employment law is likely to need to master in order competently to represent clients. This text addresses the threshold inquiry whether the relationship at issue is an employment relationship; the American rule on employment-at-will and its growing contract and tort exceptions; actions claiming retaliation under federal and state laws, and related claims for violation of public policy; privacy contentions in the workplace; minimum wage and overtime violations; employee benefits claims; post-employment restraints; and an integrated presentation of procedural systems and their coordination. In short, everything the employer lawyer should know, other than employment discrimination law and labor law, is treated in this book, and in a manner that develops the interrelationship of doctrines across bodies of law, and emphasizes issue of practical as well as theoretical import. The notes and questions that follow the principal readings are designed to expose the student to the emerging cutting-edge issues in the particular area. The note material is intended primarily as a teaching tool rather than as a vehicle for expressing our particular viewpoints. In this text, as in the first edition, we have not tried to reach complete consensus concerning the wording and the balance of each of our notes. Although each author offered close and extensive editing of all chapters, each chapter in this book was the primary responsibility of only one of the authors, and that author had the final authority to determine its contents.
Alternative Dispute Resolution in the Employment Arena

Samuel Estreicher and David Sherwyn

On the strength of the landmark 1991Gilmer decision of the U.S. Supreme Court—which set a precedent precluding employees from litigation against their employers if they had signed a pre-dispute mandatory arbitration agreement—many U.S. companies have developed mandatory alternative dispute resolution (ADR) policies for employees. However, the issue is far from settled. A major segment of the U.S. labor and employment law community, including the powerful Equal Employment Opportunity Commission (EEOC) and numerous high-profile academics, contend that such agreements are unenforceable, and indeed should be unenforceable as a matter of policy. This controversy was the theme of New York University’s 53rd Annual Conference on Labor. 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 American 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 valuable symposium addresses such provocative questions as the following: What is corporate America doing with respect to ADR? How have in-house ADR programs fared? Is ADR an economically efficient method to resolve disputes? Do due process protocols affect outcomes? Is post-dispute voluntary arbitration a viable alternative to pre-dispute mandatory arbitration? Are Gilmer agreements possible in the union setting? How does arbitration address class actions and injunctions? Is mediation the better form of ADR? In addition to addressing the technical legal questions, this volume, which reprints the proceedings of the 53rd Annual Conference on Labor, features empirical work that provides data to answer many of the questions that form the basis of many of the policy arguments. This wide-ranging yet incisive survey of expert opinion and analysis in the field will be of great value to all professionals involved in the law and policy attendant on labor and employment in the United States.
The Draft UNCITRAL Digest and Beyond: Cases, Analysis and Unresolved Issues in the U.N. Sales Convention: Papers of the Pittsburgh Conference Organized by the Center of International Legal Education (CILE)

Franco Ferrari, Harry Flechtner, and Ronald A. Brand

The Draft UNCITRAL Digest and Beyond is one of the most useful single volumes available on the CISG. It includes the full text of the draft UNCITRAL Digest which catalogues the cases and arbitral awards to date that have interpreted and applied the CISG on an article by article basis. The Digest and Beyond includes also commentary by eminent CISG scholars that addresses issues not yet considered in the cases. With more than 1000 decisions applying the CISG in courts and arbitral tribunals around the world, the UNCITRAL Secretariat charged five CISG experts from a variety of regions with the task of creating a digest of CISG case law. The Digest and Beyond includes the draft UNCITRAL Digest, even before it is released officially by UNCITRAL. It also goes where the authors of the Digest were not allowed to go, given the narrow mandate within which the drafters were asked to work. Its chapters build upon the work of the UNCITRAL Digest. The Digest describes the reasoning and results of existing CISG cases; in The Digest and Beyond, the Digest authors analyze those cases, and discuss issues that have not yet arisen in the case law. Thus, in many ways, The Digest and Beyond provides scholarship that can direct future cases in areas that have not yet been considered by courts and arbitrators as well as in areas in which contradictory court decisions exist.
Cases and Materials on U.S. Antitrust in Global Context

Eleanor M. Fox, Lawrence A. Sullivan, and Rudolph J.R. Peritz

Much has changed in the last decade, raising the profile of antitrust. We would highlight four key developments. First, the pace of globalization has quickened, making many more markets global. Second, Internet and telecommunications technologies have exponentially increased the speed of communication across the globe, creating new opportunities both for competition and its restraint. Third, antitrust law itself has “gone global,” with approximately 100 countries adopting and maintaining antitrust laws. Fourth, Chicago school economics, which dominated much of the 1980s U.S. antitrust, has been tempered by “post-Chicago” economics, which relaxes many of the faith-in-markets assumptions of the Chicago school and gives greater credence to market realities. We have revised the casebook with these changes very much in mind. We states in the preface to the first edition: “In this book of history, economics, politics, and law, we have steered and eclectic course.” In this editions, we have retained the mix of history, economics, politics, and law. To this, we have added some geo-politics, we have given the book a comparative and international dimension, and we have posed frequent queries meant to focus attention on global or at least cross-border welfare and to trigger your thoughts about the relationship between national sovereignty and the economic welfare of the citizen of the world. Antitrust was one of the first interdisciplinary law school subjects, integrating law, economics and political science. The interdisciplinary pulls of antitrust are even more compelling in the globalized world. The antitrust student and the antitrust lawyer are no mere technician—although they must be that, too. They easily become internationalists.
Regulation of Lawyers: Statutes and Regulations

Stephen Gillers and Roy D. Simon

Prior edition of Regulation of Lawyers: Statutes and Regulations.
The Anatomy of Corporate Law: A Comparative and Functional Approach

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

This volume is a concise analytical overview of the field of corporate Law. 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—although not always the same strategy—to address the three basic agency issues. This volume 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 examines friendly acquisitions, hostile takeovers, and the regulation of issuers traded on capital markets. This volume should be of great interest to scholars and students of corporate and comparative law and to persons interested in business, finance, and economics who wish to deepen their understanding of corporate law.
International Law in the Age of Human Rights: General Course on Public International Law

Theodor Meron

In his course, Theodor Meron, President of the International Tribunal for the Former Yugoslavia, sets out to study the influence of human rights on general international law. Although human rights are central to this course, this is not a course about human rights, but rather about the reforming effect that human rights have on other fields of public international law. By examining most of the general areas of public international law, the author attempts to demonstrate that the influence of human rights is not restricted to one single sector of international law, but that its influence has spread to many other parts, in varying degrees. The humanization of public international law under the impact of human rights has shifted its focus from being State-centred to individual-centred. The author proceeds to study the impact of human rights on public international law in seven chapters. He successively focuses on the humanization of the law of war, the criminalization of violations of international humanitarian law, the law of treaties, the humanization of state responsibility, subjects of international law, sources of international law, and international institutions.
In Pursuit of Right and Justice: Edward Weinfeld as Lawyer and Judge

William E. Nelson

In Pursuit of Right and Justice chronicles the life of the United States District Court's Judge Edward Weinfeld, from his humble Lower East Side origins to his distinction as one of the nation's most respected federal judges. Judge Edward Weinfeld's personal growth and socio-economic mobility provides an excellent illustration of how Catholics and Jews descended from turn-of-the-century immigrants were assimilated into the mainstream of New York and American life during the course of the twentieth century. Weinfeld left a rich collection of personal papers that William E. Nelson examines, which depict the compromises and sacrifices Weinfeld had to make to attain professional advancement. Weinfeld's jurisprudence remained closely tied to his own personal values and to the historical contexts in which cases came to his court. Nelson aptly describes how Weinfeld strove to avoid making new law. He tried to make decisions on preexisting rules or bedrock legal principles; he achieved just results by searching for and finding facts that called those rules into play. Weinfeld's vision of justice was simultaneously a liberal one that enabled him to develop law that reflected societal change, and an apolitical one that did not rest on contested policy judgments.
Tragic Manhood and Democracy: Verdi's Voice and the Powers of Musical Art

David A.J. Richards

What is tragedy? This work argues that it is, at once, art and science - an absorbing art and precisely observed empirical inquiry into human psychology, whose subject matter is the dilemma of manhood under democracy. The author expands discussion of the idea of the tragic to include music drama in general and the operas of Verdi in particular, and explores the indispensable contribution of tragedy to an understanding of personal and political psychology through discussion of: the political theory of structural injustice resting on the suppression of voice (underlying evils like racism, sexism, and homophobia); a developmental psychology of gender (drawing on the work of Carol Gilligan [the Harvard Project on Women's Psychology, Boy's Development and the Culture of Manhood]); and an interpretation of tragic art (including the expressive role of music in it). Exploration of the tragic impact of patriarchy on democratic voice is at the heart of the power and appeal of Verdi's innovations in musical voice. At its core is a complex psychic geography of patriarchal practices imposed on personal and political relationships (parents to children, siblings to one another, and adult men and women). Such practices - fundamental to the family, politics, and religion - enforce demands by forms of physical and psychological violence directed by men and women at anyone who deviates from its demands. Verdi's tragic musical drama speaks of an emotional loss that literally cannot under patriarchy be spoken, namely, what the author calls the tragedy of patriarchy - a divided psychology that lives in the tension between patriarchal practices and democratic principles, and between the psychological demands of patriarchy and democratic manhood.
Corporate Tax Shelters in a Global Economy: Why They Are a Problem and What We Can Do About It

Daniel N. Shaviro

Tax reform proposals often include alterations to the corporate tax code. There are two main motivations for this. First, consumption-based taxes require extensive revisions to existing law, such as replacing depreciation rules with expensing provisions. Second, the complexity of our existing tax code encourages aggressive tax management or ?evasion? activities and reform proposals often seek to make the code simpler and more transparent. Tax reform proposals generated by economists often assume that the legal aspects will miraculously work themselves out'that the reform, if enacted, will work exactly as planned. But can any tax system eliminate costly evasion activity? "In Corporate Tax Shelters in a Global Economy," Daniel N. Shaviro explores the causes and costs of tax avoidance and provides a useful guide to the key conceptual issues that must be addressed in order to design a truly effective tax reform
Who Should Pay for Medicare?

Daniel N. Shaviro

Good news first? The good news is that Americans today are living longer, in part because of continual advances in healthcare. But the bad news is that with our aging population larger than ever before, nothing is being done to ensure that we can continue to afford the increasing costs of care. How Medicare—with the Bush administration’s reforms and a slumping economy—will meet the needs of its recipients without adequate financing is among the most pressing issues facing this country today. Daniel N. Shaviro sees the future of our national healthcare system as hinging on the issue of funding. The author of books on the economic issues surrounding Social Security and budget deficits, Shaviro is a skilled guide for anyone seeking to understand the financial aspects of government programs. Who Should Pay for Medicare? offers an accessible overview of how Medicare operates as a fiscal system. Discussions of Medicare reform often focus on the expansion of program treatment choices but not on the question of who should pay for Medicare’s services. Shaviro’s book addresses this critical issue, examining the underanalyzed dynamics of the significant funding gap facing Medicare. He gives a balanced, nonpartisan evaluation of various reform alternatives—considering everything from the creation of new benefits in this fiscal crunch to tax cuts to the demographic pressures we face and the issues this will raise when future generations have to pay for the care of today’s seniors. Who Should Pay for Medicare? speaks to seniors who feel entitled to expanded coverage, younger people who wonder what to expect from the government when they retire, and Washington policy makers who need an indispensable guidebook to Medicare’s future.
International Aspects of U.S. Income Taxation

John P. Steines Jr.

Prior edition of International Aspects of U.S. Income Taxation.
Reason and Value: Themes from the Moral Philosophy of Joseph Raz

R. Jay Wallace, Philip Pettit, Samuel Scheffler, and Michael Smith

Reason and Value collects fifteen brand-new papers by leading contemporary philosophers on themes from the moral philosophy of Joseph Raz. The subtlety and power of Raz's reflections on ethical topics - including especially his explorations of the connections between practical reason and the theory of value—make his writings a fertile source for anyone working in this area. The volume honours Raz's accomplishments in the area of ethical theorizing, and will contribute to an enhanced appreciation of the significance of his work for the subject. Brand-new essays by an unbeatable line-up of contemporary moral philosophers; fresh perspectives on the work of a hugely influential writer; celebrates the extent and depth of Raz's contribution in this field.
Ripensare i diritti umani nel XXI secolo

Philip G. Alston and Antonio Cassese

[Translation from Italian] Does it still make sense to talk about the International Community? What challenges lie ahead for our governments in defending human rights? The so-called "era of globalization" has called into question the international perspective on human rights, while also exposing the inadequacy of traditional institutions at the national and supranational levels. Alston and Cassese, experts in international law, rigorously explore one of the most problematic aspects of the contemporary era: the drastic reduction in the sphere of state power and the resulting rise of powerful non-state actors—multinational corporations and financial institutions—still unconstrained by the norms of humanitarian law.
Thinking It Through: An Introduction to Contemporary Philosophy

Kwame Anthony Appiah

Thinking it Through is a thorough, vividly written introduction to contemporary philosophy and some of the most crucial questions of human existence, including the nature of mind and knowledge, the status of moral claims, the existence of God, the role of science, and the mysteries of language. Noted philosopher Kwame Anthony Appiah shows us what it means to "do" philosophy in our time and why it should matter to anyone who wishes to live a more thoughtful life. Opposing the common misconceptions that being a philosopher means espousing a set of philosophical beliefs--or being a follower of a particular thinker--Appiah argues that "the result of philosophical exploration is not the end of inquiry in a settled opinion, but a mind resting more comfortably among many possibilities, or else the reframing of the question, and a new inquiry." Ideal for introductory philosophy courses, Thinking It Through is organized around eight central topics--mind, knowledge, language, science, morality, politics, law, and metaphysics. It traces how philosophers in the past have considered each subject (how Hobbes, Wittgenstein, and Frege, for example, approached the problem of language) and then explores some of the major questions that still engage philosophers today. More importantly, Appiah not only explains what philosophers have thought but how they think, giving students examples that they can use in their own attempts to navigate the complex issues confronting any reflective person in the twenty-first century. Filled with concrete examples of how philosophers work, Thinking it Through guides students through the process of philosophical reflection and enlarges their understanding of the central questions of human life.