Faculty Books & Edited Works

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  Regulation of Lawyers: Statutes and Regulations

  Stephen Gillers and Roy D. Simon

  Prior edition of Regulation of Lawyers: Statutes and Regulations.

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  Federal Habeas Corpus Practice and Procedure

  Randy A. Hertz and James S. Liebman

  Our publication of a new edition of Federal Habeas Corpus Practice and Procedure, so soon after the third edition in 1998, reflects the rapidity with which habeas corpus law has been changing in recent years. The enactment of the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) added vast new complications to an already complex field of law, prompting disagreements among and within circuits as the lower federal courts struggled to interpret the statute’s ambiguous and often poorly drafted provisions. In the few years since the last edition, the Supreme Court has issued decisions resolving some of the most hotly disputed issues concerning AEDPA’s interpretation. These decisions, on the whole, provide further evidence of a trend that had begun to become apparent at the time of the last edition: that the Supreme Court is inclined to construe AEDPA narrowly so as to preserve what the Court recently called the “vital role” that “[t]he writ of habeas corpus plays … in protecting constitutional rights.” In 2000, for example, the Court rejected a restrictive interpretation—urged by the government and adopted by some of the circuits—of AEDPA’s rule governing federal court review of state court determinations of legal and mixed legal-factual questions; instead, the Court construed the provision in a manner that recognizes the continuing obligation of federal habeas courts to scrutinize state court rulings on federal constitutional claims independently. In three decisions in 2001, the Court reaffirmed the writ’s longstanding role in the immigration context, rejecting government arguments that AEDPA and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (HRIRA) should be construed as foreclosing habeas corpus review of orders of deportation and exclusion (not called orders of “removal”). Many of the lower federal courts have taken their cues from the Supreme Court’s decisions of recent years and have been construing and applying AEDPA in a manner that recognizes and contributes to the continuing robustness of the writ. It is now apparent, therefore, that AEDPA did not, as some commentators had predicted at the time of its enactment, sound the death knell for the writ of habeas corpus. What AEDPA unmistakably did, however, was to complicate and confuse the law of habeas corpus. One of the consequences of AEDPA’s enactment is that there are now three different sets of rules that may potentially govern in a federal postconviction proceeding. Which set applies depends upon one or more of four factors—the date on which a case was filed, the date on which other events in the case took place, whether or not the petitioner is under sentence of death and, if so, the quality of capital postconviction review procedures available in the State that sentenced the petitioner. As a result, this edition, like the last one, discusses numerous doctrinal variations that apply to some cases but not others. We do so by presenting an overview of AEDPA’s provisions in Chapter 3 (which includes, in §3.5b, an outline of the rules that apply to different types of cases) and then by delineating in each subsequent chapter the specific changes that AEDPA makes and the types of cases to which the changes apply. Notwithstanding the recent Supreme Court decisions, much of the law governing federal habeas corpus and section 2255 proceedings is still in flux. This edition canvasses the current state of the law and offers our thoughts about the most satisfactory way to resolve the interpretive controversies that remain. We caution our readers, however, to supplement our analyses and predictions with careful study of recent legal developments in the district and circuit courts as well as the Supreme Court, a significant number of which will assuredly occur after this edition’s publication. As in the past, we will use annual updates to help keep readers abreast of new developments and to elaborate upon—and, where appropriate, revise—the analyses we present in this edition.

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  The Law of Democracy: Legal Structure of the Political Process

  Samuel Issacharoff, Pamela S. Karlan, and Richard H. Pildes

  This book created the field of the law of democracy, offering a systematic account of the legal construction of American democracy. This edition is the most significant revision in a decade. With the addition of Nathaniel Persily, the book now turns to a changed legal environment following such blockbuster Supreme Court decisions as Citizens United and Shelby County. This edition streamlines the coverage of the Voting Rights Act, expands the scope of coverage of campaign finance and political corruption issues, and turns to the new dispute over voter access to the ballot. The basic structure of the book continues to follow the historical development of the individual right to vote; current struggles over gerrymandering; the relationship of the state to political parties; the constitutional and policy issues surrounding campaign-finance reform; and the tension between majority rule and fair representation of minorities in democratic bodies.

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  When Elections Go Bad: The Law of Democracy and the Presidential Election of 2000

  Samuel Issacharoff, Pamela S. Karlan, and Richard H. Pildes

  Using the presidential election of 2000 as a springboard for discussion, this treatise offers a comprehensive legal perspective on how disputed state and federal elections are resolved. Crucial judicial decisions and legal materials from this disputed election are examined against a broader historical, doctrinal, and analytical context.

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  When Elections Go Bad: The Law of Democracy and the Presidential Election of 2000

  Samuel Issacharoff, Pamela S. Karlan, and Richard H. Pildes

  When Elections Go Bad: The Law of Democracy and the Presidential Election of 2000 contains four chapters. Chapters 1 and 3 explore the substantive boundary line between the kinds of interests in the election processes that the law treats as implicating federal constitutional (and statutory) issues, versus the kinds of interests the law treats as implicating only state interests. Given that every dispute over matter of voting could be considered a dispute over "voting rights," when does the pre-Bush v. Gore law treat a voting issue, in either state or federal elections, as rising to a level that implicates federal interests. Chapter 2 addresses the complex interplay between federal and state courts in resolving voting-rights claims. Chapter 4 explores the range of remedial possibilities courts have accepted in various contexts: ordering new elections; enjoining upcoming elections; statistical adjustments to vote totals - including the wonderfully named case of In Re the Purported Election of Bill Durkin; permanently enjoining a particular election practice - centered on a federal court case finding that punch-card balloting systems violate Sec. 2 of the Voting Rights Act; individual damages remedies; and criminal prosecutions. The materials narrate the legal events in Florida and include the two United States Supreme Court decisions in Bush v. Gore, the central Florida Supreme Court and lower court decisions, and the Eleventh Circuit litigation.

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  Criminal Law and Its Processes: Cases and Materials

  Sanford H. Kadish and Stephen J. Schulhofer

  We have tried in this edition to freshen the material while at the same time maintaining close continuity with it. Thus we have left unaltered the basic organization, tone, and perspective of the book. We have replaced relatively few of the major cases, only doing so to improve teachability or to introduce new developments. Most of the changes have been in the reorganization of some chapters and in the Notes and Problems, where we try to present the most interesting ideas in the non-case literature, as well as new issues of importance. Why substantive criminal law? We conceive of a criminal law course as serving the ends of both general legal education and training in the criminal law in particular. There are, as we see it, three chief ways the course can contribute to the general legal education of the law student. One way is to provide a vehicle for the close reading of statutory texts—primarily the Model Penal Code, but also state statutory formulations—to help balance the emphasis on case law in the first-year curriculum. The second way is to introduce the student to the operation of a system of rules and principles designed to apportion blame and responsibility in accordance with our moral norms, subject to the practical restraints of a functioning system. While the criminal law is the primary institution serving this function, fault and wrongdoing each play a role in determining liability throughout the law. Hence some understanding of the analytical elements in assessing blame for a person’s conduct or for the conduct of another, and of the concepts of excuse and justification, is an important element in a lawyer’s legal education. The third way the criminal law course serves the purpose of general legal education is by enlarging insight into the potentialities and limitations of the law as an instrument of social control. We have in mind the hard problems encountered in using the law for this purpose: the difficulty of giving legal form to the compromises made necessary when goals conflict; the creation of institutional arrangements—judicial and administrative—appropriate to the goals sought; the limitations—moral and practical—on the use of the law as a means of social control; the relation of legal controls to other social processes. The substantive criminal law provides an unusually suitable introduction to these pervasive problems of the law. The ends criminal law serves involve social and human values of the highest order. It means, entailing the imposition of brute force on the lives of individuals, are potentially the most destructive and abusive to be found within the legal system. The issues it raises and the setting in which it raises them are compelling and vivid. Its institutions are acutely controversial and often controverted. And one of its underlying themes is the momentous issue of the reconciliation of authority and the individual. As Professor Herbert Wechsler has written: “Whatever views one holds about the penal law, no one will question it importance in society. This is the law on which men place their ultimate reliance for protection against all the deepest injuries that human conduct can inflict on individuals and institutions. By the same token, penal law governs the strongest force that we permit official agencies to bring to bear on individuals. Its promise as an instruments of safety is matched only by its power to destroy. If penal law is weak or ineffective, basic human interests are in jeopardy. If it is harsh or arbitrary in its impact, it works a gross injustice on those caught within its toils. The law that carries such responsibilities should surely be as rational and just as law can be. Nowhere in the entire legal field is more at stake for the community or for the individual.” What of the course’s narrower purpose of training students in the criminal law in particular? Here there are two main pedagogic objectives. One is to furnish a solid foundation for those who will, in greater of lesser degree, participate directly in the processes of the criminal law. This foundation does not require mastery of the full range of technical skills and information held by the practicing criminal lawyer, judge or administrator, but rather the development of confidence in handling principles and rules—judge-made or statutory—through knowledge about the larger implications of doctrines and institutions of the criminal law. The second purpose is to create in law school graduates who will have little occasion to practice criminal law and understanding of the problems of the criminal law. As influential members of their communities—and more directly as judges, legislators, or teachers—lawyers versed in the principles of criminal law can bring an informed intelligence to the challenge of solving some of the most vexing problems of our times. Revisions for the seventh edition. In the procedural sections (Chapter 1), we have streamlined the materials but have retained those fundamentals of criminal trial procedure that we consider essential for understanding the issues in substantive criminal law (rules of evidence, burden of proof, presumptions, and the role of the jury). These topics can now be covered in several classes. We believe that a brief but intensive treatment of this material at the outset of the course adds immeasurably to the student’s appreciation of the concrete setting in which substantive law issues arise and the practical considerations that so often influence those debates. We have retained in Chapter 1 a substantial but more tightly edited sections dealing with the ethical responsibilities of the criminal defense attorney. The themes of this section are central to the study and practice of law, and we believe that students can profit from exposure to these themes early and often in their legal education. The growing complexity and importance of sentencing procedure and sentencing guidelines pose a dilemma for an introductory criminal law course. The subject is too important to be ignored but too complex to be covered comprehensively. We have sought to strike an appropriate balance by providing in Chapter 2 both a textual summary of current sentencing procedures and a principal case that can serve as a focal point for discussion in class. Though brief and tightly edited, the material is sufficient to illustrate for students the mechanics of how guidelines work, as well as the tough jurisprudential issues underlying them. In the substantive sections we have updated the cases, added Notes and Problems dealing with issues of current concern, and done some reorganization of the material. For example, we have tried in the provocation section and the mental disorder chapter to tighten (as well as lighten) the presentation of material and in the rape chapter to cover some of the expanding issues, as well as to permit sustained attention to statutory drafting and interpretation. Among the new principal cases are City of Chicago v. Morales (vagueness and new strategies of policing); Commonwealth v. Fischer (mistake of fact in rape); State v. Guthrie (premeditation); People v. Kevorkian (assisted suicide and causation); Public Committee Against Torture v. State of Israel (necessity defense); and Washington v. Glucksberg (euthanasia). As in previous editions, the substantive materials continue to focus on imparting an understanding of what is often called the “general part” of the criminal law—that is, those basic principles and doctrines that come into play across the range of specific offenses (for example, actus reus, mens rea, and the various justifications and excuses). We believe that mastery of the detailed elements of many particular crimes is not an appropriate goal for a basic criminal law course. Nevertheless, we have found that understanding of the basic principles is enhanced by testing their applications and interactions in the context of particular offenses. Accordingly, we examine in detail three offense categories: rape (Chapter 4), homicide (Chapter 5), and theft (Chapter 9). The chapter on rape provides an opportunity to focus on the definitional elements of a major crime in a context that has become the focus of acuter controversy because of changing perceptions and changing social values. The theme of the homicide chapter is the task of legislative grading of punishment in a particularly challenging area. The theft chapter explores the significance of history and the continued impact of old doctrinal categories on the resolution of thoroughly modern difficulties in defining the boundaries of the criminal law. Use of the materials in diverse teaching formats. Over the years, law schools have experimented with a variety of formats for the basic criminal law course. Although the year-long five- or six-hour course remains common, some schools offer criminal law as a four- or even three-hour course, and some schedule the course in the first or second semester or even in the second or third years. Under these circumstances, a short book designed to be taught straight through, without adjustments or deletions, is bound to prove unsatisfactory for many users. In preparing the seventh edition, we have sought to edit the materials tightly enough to avoid significant surplusage for the average course, but we have not attempted to preempt all possible judgments about inclusion and exclusion. Rather, we thought it essential to allow for teachers to select topics that accord with their own interests and with the curricular arrangements at their own schools. Thus, we have aspired to create a flexible teaching tool, one that reflects the rich diversity of the subject. For the five- or six-hour, year-long course, the book can be taught straight through, perhaps with some minor deletions. For a four-hour course, and especially in the case of a three-hour course, substantial omissions will be necessary. The Teachers Manual presents detailed suggestions for sequencing and class-by-class assignments.

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  Corporate Income Taxation

  Douglas A. Kahn and Jeffrey S. Lehman

  Corporate tax laws have changed radically, most importantly due to the Tax Reform Act of 1986. This treatise is aimed at generalists who need a comprehensive overview of corporate tax doctrine and tax laws, specialists who need a way to synthesize the relevant authorities on a particular question, and students who want a discursive text to read along with their casebook. Discusses the crucial issues of corporate taxation. This book provides a comprehensive understanding of the field, enhance law student performance on exams, and also provides a useful guide for attorneys practicing in this area.

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  Banking Law and Regulation

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

  With its refined, updated Third Edition, Banking Law and Regulation again takes its place as the most effective foundation text available on the law surrounding traditional commercial banks and other depository institutions. the new edition builds on the comprehensive yet concise approach on which instructors have come to depend. As before, The Third Edition: explains the nature, content, and scope of the rules that regulate banking in ways that make the material meaningful and relevant to students encompasses the history, regulation, regulatory powers, and globalization of financial institutions examines the role of the bank in modern society including explorations of policy implications makes enlightening connections between traditional commercial banks and other depository institutions employs an effective cases-and-notes pedagogy that blends clear introductions to legal concepts with a mixture of rhetorical and problem-like questions begins with a strong introductory history and overview of banking, nontraditional depository institutions, and banking regulation, giving students a solid foundation on which to build their understanding provides regular updates through an annual Statutory Supplement addressing recent developments and new cases In the New Edition - a wide variety of changes, improvements, and updates, including: a new co-author, Richard Scott Carnell, who draws on his expertise in both legal practice and teaching revised chapters on Securities Powers of Banking Institutions and International Banking, that cover these crucial topics more accessibly an expanded index for quicker access to specific coverage the latest cases and changes in the law, especially the Gramm-Leach-Biley Act of 1999 updated coverage of antitrust and other important legislative developments

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  Civil Procedure

  Arthur R. Miller and Jack H. Friedenthal

  Prior edition of Civil Procedure.

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  The Legalist Reformation: Law, Politics, and Ideology in New York, 1920-1980

  William E. Nelson

  Based on a detailed examination of New York case law, this pathbreaking book shows how law, politics, and ideology in the state changed in tandem between 1920 and 1980. Early twentieth-century New York was the scene of intense struggle between white, Anglo-Saxon, Protestant upper and middle classes located primarily in the upstate region and the impoverished, mainly Jewish and Roman Catholic, immigrant underclass centered in New York City. Beginning in the 1920s, however, judges such as Benjamin N. Cardozo, Henry J. Friendly, Learned Hand, and Harlan Fiske Stone used law to facilitate the entry of the underclass into the economic and social mainstream and to promote tolerance among all New Yorkers. Ultimately, says William Nelson, a new legal ideology was created. By the late 1930s, New Yorkers had begun to reconceptualize social conflict not along class lines but in terms of the power of majorities and the rights of minorities. In the process, they constructed a new approach to law and politics. Though doctrinal change began to slow by the 1960s, the main ambitions of the legalist reformation--liberty, equality, human dignity, and entrepreneurial opportunity—remain the aspirations of nearly all Americans, and of much of the rest of the world, today.

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  The Federal Vision: Legitimacy and Levels of Governance in the United States and the European Union

  Kalypso Nicolaïdis and Robert L. Howse

  This book is about the complex and changing relationship between levels of governance in the US and the European Union. On the basis of a transatlantic dialogue between scholars concerned about modes of governance on both sides, it is a collective attempt at analysing the ramifications of the legitimacy crisis in these multi‐layered democracies, and possible remedies to this. Starting from a focus on the current policy debates over ‘devolution’ and ‘subsidiarity’, the book engages the reader into the broader tension of comparative federalism. Its authors believe that in spite of the fundamental differences between them, both the EU and the USA are in the process of re‐defining a federal vision for the twenty‐first century. The book is a contribution to the study of federalism and European integration, and seeks to bridge the divide between the two. It also bridges the traditional divide between technical, legal or regulatory discussions of federal governance and philosophical debates over questions of belonging and multiple identities. It is a multi‐disciplinary project, bringing together historians, political scientists and theorists, legal scholars, sociologists and political economists (more than 20 authors are involved), and includes both innovative analysis and prescriptions on how to reshape the federal contract in the USA and the EU. Included are introductions to the history of federalism in the USA and the EU, the current debates over devolution and subsidiarity, the legal framework of federalism and theories of regulatory federalism, as well as innovative approaches to the application of network analysis, principal‐agent models, institutionalist analysis, and political theories of citizenship to the federal context. The introduction and conclusion by the editors draws out cross‐cutting themes and lessons from the thinking together of the EU and USA experiences, and suggest how a ‘federal vision’ could be freed from the hierarchical paradigm of the ‘federal state’ and articulated around concepts of mutual tolerance and empowerment. The seventeen chapters are arranged in five sections: I. Articulating the Federal Vision (two chapters)—views of federalism in its USA and EU versions; II. Levels of Governance in the USA and the European Union: Facts and Diagnosis (four chapters)—an overview of the history and current state of federalism in the USA and EU; III. Legal and Regulatory Instruments of Federal Governance (three chapters); IV. Federalism, Legitimacy, and Governance: Models for Understanding (four chapters); V. Federalism, Legitimacy, and Identity (four chapters)—a discussion of the deeper roots of legitimacy in federal systems; there is also an appendix, which discusses the basic principles for the allocation of competence in the USA and EU.

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  Microeconomics

  Robert S. Pindyck and Daniel L. Rubinfeld

  This well-received book is a market leader in the field of Microeconomics, and demonstrates how microeconomics can be used as a tool for both managerial and public-policy decision making. Clear writing style and graphs compliment the integrated use of current, real world industry examples throughout the book. It emphasizes relevance and application to cover modern topics, such as, Game Theory and economics of information, and examples, such as, United States v. Microsoft, pricing cellular phone service, and Internet auctions. Coverage of other up-to-date issues includes supply and demand, cost, consumer behavior, individual and market demand, market failure, and the role of government. For individuals with an interest in economics, microeconomic theory, and price theory.

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  Boundaries and Allegiances: Problems of Justice and Responsibility in Liberal Thought

  Samuel Scheffler

  This exceptional work--a collection of eleven essays by one of the most fascinating moral philosophers currently writing--explores a perspective that is at once sympathetic towards and critical of liberal political philosophy. The essays address the capacity of liberal thought, and of the moral traditions on which it draws, to accommodate a variety of challenges posed by the changing circumstances of the modern world. They also consider how, in an era of rapid globalization, when our lives are structured by social arrangements and institutions of ever-increasing size, complexity, and scope, we can best conceive of the responsibilities of individual agents and the normative significance of our diverse commitments and allegiances. Linked by common themes, the volume examines the responsibilities we have in virtue of belonging to a community, the compatibility of such obligations with equality, the demands of distributive justice in general, and liberalism's relationship to liberty, community, and equality.

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  The Hague Convention on Jurisdiction and Judgments: Records of the Conference Held at New York University School of Law on the Proposed Convention

  Linda J. Silberman and Andreas F. Lowenfeld

  Prof. Andreas F. Lowenfeld's Conference on the Hague Convention brought together, as presenters and participants, some of today's most knowledgeable theorists and practitioners on international jurisdictional issues, including professors at top U.S. law schools, international jurists, and members of various countries' delegations to the Commission for the Proposed Hague Convention on Jurisdiction and Judgments. Proceedings of the Conference on the Hague Convention showcase the lively and informative exchanges between presenters and participants, and also includes full copies of papers presented at the conference. The papers contain important and up-to-date research and analysis by luminaries such as Professor Arthur T. von Mehren, Story Professor of Law Emeritus at Harvard Law School, who is not only a member of the United States Delegation, but who is widely credited for being the driving force behind the project for a global convention on Jurisdiction and the Recognition of Judgments. Papers and commentary from other members of the Special Commission, including Peter Nygh, Professor of Law, University of South Wales, Australia, Peter Trooboff, a member of the law firm of Covington & Burling, in Washington, D.C., and Allan Philip, a member of the law firm of Philip & Partners, Copenhagen, Denmark, Trevor C. Hartley, Professor of Law at the London School of Economics, Jeffrey Kovar, Assistant Legal Advisor for Private International Law at the United States Department of State, and T. Bradbrooke Smith, Chairman of the Special Commission, help to make this publication the most informative collection on international jurisdictional developments. The participation by dozens of top law professors, including Penn's Stephen B. Burbank, Boston University's William W. Park, N.Y.U's Burt Neuborne, Cornell's Kevin M. Clermont, Duke's Thomas D. Rowe, Kansas' Robert C. Casad, Columbia's George Bermann and Hans Smit, Athens University's Konstantinos Kerameus, University of Paris's Pierre Mayer, and practitioners such as Baker & McKenzie's Lawrence Newman, author of The Practice of International Litigation and Lawrence Collins, Q.C. of Herbert Smith, London, author of Dicey and Morris on Conflict of Laws, enhance this publication. The conference brought together scholars, lawyers, and officials from some twenty countries from every continent to debate what seems to be the hottest topic in private international law.

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  Civil Procedure: Theory and Practice

  Linda J. Silberman and Allan R. Stein

  The first-year course in civil procedure presents a great challenge for both teacher and student. Unlike most of the first-year courses—contracts, torts, and criminal law—with which students have some familiarity, students approach civil procedure with little context. Concepts of jurisdiction and summary judgment seem completely foreign to many students. In addition, civil procedure is the classic “seamless web”; in order to understand any piece, you must understand the whole. Thus, it is imperative for the teacher to find a way to give students a feel for the interrelationship of various pieces of a litigation as each individual unit is examined. The teacher must also battle potential misconceptions about a course in “procedure.” Students often think that procedure is just about learning a series of mechanical rules against which the important policy disputes of substantive law are played out. Students are surprised to discover that procedure issues also turn on deep and interesting conceptual questions and that arguments about procedure are often the critical turning point in the outcome of litigation. Procedure is, in fact, one of the best vehicles for developing the full range of reasoning skills and perspectives critical to the discipline of law. In certain areas, such as personal jurisdictions and the Erie doctrine, the development of the case law is a paradigmatic exercise in legal process. Students in the course are also introduced to a broad range of legal sources. Aside from reading cases, students grapple with rules, statutes, and constitutional provisions, and must master the interpretive techniques unique to each. Consideration of lawyering strategy is a constant undercurrent. Understanding why the parties have sued in a particular court or framed the complaint in a particular way requires a thorough integration of theory and practice, doctrine and policy. We appreciate the enormous challenge of putting together a book that can meet all of these objectives. We have produced a book with significant links to the rich tradition of casebooks that precede it, but with a modern pedagogy and distinctive focus. In particular, we have tried to provide a direct and clear treatment of fundamental principles. For each topic, we provide introductory material that the students and teacher can use as a starting point, and from there we explore more difficult issues through the cases and questions. We rarely ask a question without providing at least the beginning of an answer. Cases are carefully framed to give students a sense of where each case fits in and why it has been assigned. We make explicit the relationship of a principal case to the other cases that precede and follow it. That straightforward approach facilitates our exploration of more advanced issues than are covered in other books. See, for example, our extensive coverage of preclusion, both domestic and interjurisdictional. We want students to get a sense of the depth and complexity of procedural issues. To that end, we use extensive notes to develop the relevant concepts, with reference to important scholarship and related case law. We begin in Chapter 1 with an overview of the entire litigation process. This approach enables the student at the outset to see how various pieces of the puzzle fit together and to gain an introduction to relevant terms and concepts. Not only do we provide a detailed summary of the stages of litigation, but we also take the reader through an actual case, illustrated with actual court documents. The case resulted in the landmark Supreme Court ruling on libel, New York Times v. Sullivan. It is, we think, a particularly engaging and self-explanatory introductions to how procedure works on the ground. We also provide an exercise in “Reading a Civil Procedure Case,” in which we make explicit many of the traditionally unstated assumptions about why and how we read judicial decision. From there we move in the first several chapters to the important federalism doctrines that form the core of most procedure courses: personal jurisdiction, subject matter jurisdiction, and the Erie doctrine. These beginning chapters not only serve as an important illustration of case law methodology but also allow us to emphasize the strategic choices that lawyers face every day in a federal system. That perspective is also characteristic of the later chapters on preclusion, remedies, and class actions. We consistently address the question of why the law matters to the parties and their lawyers. In addition, we pursue broader questions of policy and expose the students to contrasting state practices and international perspectives, as well. Perhaps the most innovative chapter of the book is the one on pleading, discovery, and adjudication, in which an actual case forms the centerpiece of the chapter. Each of us having taught different procedure courses for several decades, we are familiar with the attempts of many teachers to supplement the casebook with simulations and litigation documents. Our approach integrates these materials into the structure of the chapter. We have combined all of the elements of an adjudication into a single chapter and use a single product lability case as a teaching tool throughout. We provide a succinct but comprehensive presentation of the law and explore how those legal concepts apply to the case at hand. Students have the opportunity to see the actual court documents while they attempt to apply the rules and doctrine. They gain a good sense of how the legal concepts work, and they develop the critical skills of fact management and strategic judgment. This book lends itself to a variety of course hours and approaches. We have used the material in a 4-credit, one-semester course, as well as a 6-credit, two-semester course. While we believe that the order of chapters as presented is logical, we have successfully used different sequences as well. Each chapter is relatively free-standing.

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  The Vote: Bush, Gore, and the Supreme Court

  Cass R. Sunstein and Richard A. Epstein

  Though George W. Bush took office in January, the nation is still recovering from the prolonged and complex process by which he was elected. The Florida electoral controversy and the subsequent decisions by both the Florida courts and the U.S. Supreme Court left citizens and scholars alike divided over the role of the judiciary in the electoral arena. Now, after a few months of reflection, leading constitutional scholars Cass R. Sunstein, Richard A. Epstein, Pamela S. Karlan, Richard A. Posner, and John Yoo, among others—weigh in on the Supreme Court’s actions, which remain sensible, legally legitimate, and pragmatically defensible to some and an egregious abuse of power to others. Representing the full spectrum of views and arguments, The Vote offers the most timely and considered guide to the ultimate consequences and significance of the Supreme Court’s decision. The contributors to this volume were highly visible in the national media while the controversy raged, and here they present fully fleshed-out arguments for the positions they promoted on the airwaves. Readers will find in The Vote equally impassioned defenses for and indictments of the Court’s actions, and they will come to understand the practical and theoretical implications of the Court’s ruling in the realms of both law and politics. No doubt a spate of books will appear on the 2000 presidential election, but none will claim as distinguished a roster of contributors better qualified to place these recent events in their appropriate historical, legal, and political contexts. Leading constitutional scholars render their verdicts on the 2000 presidential election controversy.

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  The Future of UN Human Rights Treaty Monitoring

  Philip G. Alston and James Crawford

  Every state in the world has undertaken human rights obligations on the basis of United Nations treaties. Today's challenge is to enhance the effectiveness of procedures and institutions established to promote the accountability of governments. This volume contains detailed analyses of the strengths and weaknesses of the system, written by leading participants in the work of the treaty bodies. Their recommendations provide a blueprint for far-reaching reform of a system of major importance for the future of international efforts to protect human rights.

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  Minding the Law

  Anthony G. Amsterdam and Jerome Bruner

  In this remarkable collaboration, one of the nation's leading civil rights lawyers joins forces with one of the world's foremost cultural psychologists to put American constitutional law into an American cultural context. By close readings of key Supreme Court opinions, they show how storytelling tactics and deeply rooted mythic structures shape the Court's decisions about race, family law, and the death penalty. Minding the Law explores crucial psychological processes involved in the work of lawyers and judges: deciding whether particular cases fit within a legal rule (“categorizing”), telling stories to justify one's claims or undercut those of an adversary ("narrative"), and tailoring one's language to be persuasive without appearing partisan (“rhetorics”). Because these processes are not unique to the law, courts' decisions cannot rest solely upon legal logic but must also depend vitally upon the underlying culture's storehouse of familiar tales of heroes and villains. But a culture's stock of stories is not changeless. Amsterdam and Bruner argue that culture itself is a dialectic constantly in progress, a conflict between the established canon and newly imagined "possible worlds." They illustrate the swings of this dialectic by a masterly analysis of the Supreme Court's race-discrimination decisions during the past century. A passionate plea for heightened consciousness about the way law is practiced and made, Minding the Law will be welcomed by a new generation concerned with renewing law's commitment to a humane justice.

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  Cases, Problems, and Materials on Bankruptcy

  Douglas G. Baird, Thomas H. Jackson, and Barry E. Adler

  The new edition of Cases, Problems & Materials on Bankruptcy retains the sophistication of the original Baird & Jackson casebook & has been refashioned so that it is easier to teach. Foundation Press is proud to welcome this casebook into its line of Bankruptcy titles. Part One Debt I. The Role of Debt II. Debt Collection Part Two Elements of Bankruptcy III. A Road Map to Bankruptcy Law IV. Eligibility for Bankruptcy V. Claims Against the Estate VI. Assets of the Estate VII. Strong Arm Powers VIII. Avoiding the Opt-Out Problem: Prebankruptcy Transfers IX. Avoiding the Opt-Out Problem: The Automatic Stay X. Managing the Estate XI. Concluding the Case: Payout Part Three The Individual's Fresh Start XII. Limitation of Creditors Reach XIII. Adjustment of an Individual's Debts Part Four Business Reorganization XIV. The Absolute Priority Rule XV. Effect of Confirmation XVI. Beyond Simple Corporate Reorganization Part One of the book reviews the basic principles of the debtor-creditor relationship. Part Two surveys the elements of bankruptcy common to every case. Part Three addresses questions that apply specifically to an individual debtor's fresh start. Part Four addresses questions that apply specifically to a business debtor's reorganization. Each chapter introduces an essay on how the topic of the chapter fits into an overarching bankruptcy framework. Then there appear, in unfailing order, cases, notes, & problems. Each subchapter is integrated to work as a unit suitable for a single class. A detailed teacher's manual answers all the problems & underscores the rationale behind the cases & materials. The materials are designed so the instructor can use a traditional case method or the problem method, or a combination.

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  The Logic of Subchapter K: A Conceptual Guide to the Taxation of Partnerships

  Laura E. Cunningham and Noël B. Cunningham

  This course book is designed to guide students through the conceptual framework of subchapter K. The material avoids neither the hard questions nor the conceptual difficulties, leaving students with a firm understanding of partnership taxation. Each chapter begins with a basic explanation of the relevant provisions and the roles that they play in the overall structure of subchapter K. It includes an increasingly detailed discussion of the specific rules, including multiple illustrative examples. Each chapter builds on the earlier chapters, leading the student through subchapter K. It is appropriate for J.D. or graduate-level law school courses on partnership taxation.

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  Constitutional Change in the EU: From Uniformity to Flexibility?

  Gráinne de Búrca and Joanne Scott

  This collection of essays addresses the changing constitutional framework of the EU and some of the changing patterns of governance within this complex polity. It examines the apparent and gradual shift in the paradigm of European governance from one emphasising uniformity and harmonisation to one which embraces flexibility and differentiation. The chapters range from broad, theoretical reflections on the constitutional implications of flexibility for the European polity, to focused case studies which examine various forms of 'variable geometry' existing in specific policy areas. Some of the contributions challenge the extent to which there has actually been any significant change of paradigm, and others explore the many different meanings and instances of flexibility which have emerged. Overall, the collection brings into focus both the problems and the potential ways forward for Europe which these constitutional developments suggest.

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  Land Use Controls: Cases and Materials

  Robert C. Ellickson and Vicki L. Been

  This book explores the practical problems facing attorneys on both sides of development debates. It highlights the facts underlying typical controversies; examines the way these facts are used by lawyers; gives consideration to the different rights a developer has as a plaintiff against a government.

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  Cases and Materials on Torts

  Richard A. Epstein

  This casebook best integrates modern scholarship and historical background with Richard Epstein's CASES AND MATERIALS ON TORTS. Scrupulously revised and updated, this notable casebook continues to provide an exceptionally strong exploration of tort law in this streamlined Seventh Edition. When you examine the book, you'll discover the exceptional quality and clarity longtime users expect from Epstein: an engaging presentation and provocative viewpoint that fuel class discussion. a traditional approach that begins with intentional torts and integrates cases with modern scholarship on moral theory, law and economics, and salient policy questions. an outstanding case selection that blends the classic And The current to best illuminate doctrine. a thoughtful examination that considers the processes of legal method, legal reasoning, And The impact of legal rules on social institutions. a historical background that traces the development of tort law To The present day and exposes students to different intellectual approaches employed to interpret tort law. Changes to CASES AND MATERIALS ON TORTS for this edition include: new cases that demonstrate specific points of law chapters on Products Liability and Defamation revised for increased accessibility new coverage of Scientific Proof in tort law a reorganized chapter on Joint and Several Liability that responds to user feedback.

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  Liberty, Property and the Law: A Collection of Essays

  Richard A. Epstein

  Where a well-run society should rest on the continuum between public and private control has been the most contentious and thorny issue of legal and social theory throughout the generations. This series sets out to provide answers to this ongoing dispute contained in the five volumes of material assembled. The collection draws from many disciplines, including economics, law, philosophy and political science. Yet they are all directed to a topic that is worthy of examination from multiple perspectives: Liberty, Property and the Law. The materials in this collection are drawn from many disciplines, including economics, law, philosophy and political science. Yet they are all directed to a topic that is worthy of examination from multiple perspectives: Liberty, Property and the Law. Stated in this general form, this topic is as broad as law itself. Lawyers must have recourse to the grand principles of economic and social thought, but tempered with an awareness of how the novel circumstances of an individual case can call into question some of the elements of the grandest of theories. . . . the emphasis is as much on the points that separate different forms of property as it is on the conceptual theme that links all forms of property rights together. The relationship of liberty and property to the law surfaces whenever and wherever people interact with each other under the command and control of the sovereign. Those who hold sovereign power may choose to protect liberty and property or to undermine it. But the regrettably high frequency of political abuse throughout the world does not justify the exercise of arbitrary legal power; nor does it limit human aspirations for a sound legal and social order to block political excesses. . . . Volume II . . . concerns the extent to which the state should enforce or override private contracts made by individuals to dispose of their labor or capital. These issues did not disappear by the onset of the twentieth century, where Volume II picks up. Generally speaking, however, the tools of analysis shifted as the advances in economic theory helped to flesh out the justifications offered for individual liberty and private property on the one hand, and their social control on the other. Although the nature of the discourse changed to some degree, the division of opinion on the proper role of liberty and property remained as sharply contested as it was in earlier times.

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  Global Competition and the American Employment Landscape: As We Enter the 21st Century

  Samuel Estreicher

  The global advance of the market economy exposes the American workforce to ever-greater competition from foreign product and labor markets. As a consequence, employers and employees in all forms of enterprise find themselves building new and complex relationships in order to maintain mutually acceptable levels of compensation, security, and trust. In order to describe the contours of current global realities in labor and employment, to discern salient trends, and to formulate alternatives for dealing with the most pressing implications for the American workforce, New York University's Annual Conference on Labor for 1999 focused on the subject of global competition. This important book presents the papers presented at the 52nd Conference, with several additional papers. In its pages nearly fifty noted American labor and employment experts offer penetrating analyses of developments and trends in such areas as the following: job security; contingent work arrangements; the growth of the service sector; the decline of labor unions; employee contractual rights; the effect of foreign labor and employment law on the US workforce; statutory minimum term and “just cause” worker protection laws; employee ownership; the growing importance of intellectual property rights in employment relationships; employment dispute resolution; and international labor standards.