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.

  Inspired by the dream of the late African American scholar W.E.B. Du Bois and assisted by an eminent advisory board, Harvard scholars Henry Louis Gates, Jr., and Kwame Anthony Appiah have created the first scholarly encyclopedia to take as its scope the entire history of Africa and the African Diaspora. Beautifully designed and richly illustrated with over a thousand images—maps, tables, charts, photographs, hundreds of them in full color—this single-volume reference includes more than three thousand articles and over two million words. The interplay between text and illustration conveys the richness and sweep of the African and African American experience as no other publication before it. Certain to prove invaluable to anyone interested in black history and the influence of African culture on the world today, Africana is a unique testament to the remarkable legacy of a great and varied people. With entries ranging from ”affirmative action” to ”zydeco,” from each of the most prominent ethnic groups in Africa to each member of the Congressional Black Caucus, Africana brings the entire black world into sharp focus. Every concise, informative article is referenced to others with the aim of guiding the reader through such wide-ranging topics as the history of slavery; the civil rights movement; African-American literature, music, and art; ancient African civilizations; and the black experience in countries such as France, India, and Russia. More than a book for library reference, Africana will give hours of reading pleasure through its longer, interpretive essays by such notable writers as Stanley Crouch, Gerald Early, Randall Kennedy, and Cornel West. These specially commissioned essays give the reader an engaging chronicle of the religion, arts, and cultural life of Africans and of black people in the Old World and the New.

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  Encarta Africana 2000

  Kwame Anthony Appiah and Henry Louis Gates Jr.

  An encyclopedia on the history, geography, and culture of Africans and people of African descent. Features over 3,600 articles enhanced by 200 side bars, over 2,900 media elements, audio clips, photos, illustrations, and videos. Include a timeline of African American music from the 1870's to present day, a media-rich chronology of the U.S. civil rights movement, the library of Black America (a collection of poem, narratives, and novels by African Americans that date from 1773 to 1918), and links to the World Wide Web.

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  Administrative Law and Regulatory Policy: Problems, Text, and Cases

  Stephen G. Breyer, Richard B. Stewart, Cass R. Sunstein, and Matthew L. Spitzer

  Help your students master the principles of administrative law in an era of change with this new edition of the renowned casebook ADMINISTRATIVE LAW AND REGULATORY POLICY: Problems, Text, and Cases, Fourth Edition. The book correlates issues of regulatory policy with doctrinal problems to explore the relationship between administrative government and democratic goals. Their extensively revised casebook now offers more explanatory materials, more concise text, many new cases, and reorganized material for greater accessibility. New co-authors Cas Sunstein and Matthew Spitzer join renowned administrative law authorities Stephen Breyer and Richard Stewart to offer a matchless view of administrative law, including: how agencies promote - political legitimacy how different understandings of democracy bear on evaluation of administrative government the multiple purposes of administrative agencies Emphasizing cutting-edge issues such as the regulation of risks to life and health and regulation of telecommunications, ADMINISTRATIVE LAW AND REGULATORY POLICY: Problems, Text, and Cases, Fourth Edition, covers new ground, including: the President's changing relationship To The administrative system recent and proposed congressional initiatives judicial developments in the nature of legal interpretation the role of the judiciary in protecting traditional and nontraditional rights against agency interference or from agency abdication the landmark Chevron decision, including issues of standing and evaluation 'frontiers' issues such as cost-benefit analysis, 'low cost' methods of achieving regulatory goals, and 'health-health' tradeoffs The accompanying Teacher's Manual contains answers to all the problems in the book. To fully explore the nature and social significance of administrative law, complete with historical elements, turn to Breyer, Stewart, Sunstein, and Spitzer's thoughtful and thorough Fourth Editions.

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  The Evolution of EU Law

  Paul Craig and Gráinne de Búrca

  The European Community has been in existence for forty years. This period has seen considerable change and development in both the institutional and the substantive law of the EC—and more recently the EU. This is the first work to stand back from the ever growing detail of Community law, and examine its jurisprudence from an evolutionary and interdisciplinary perspective. Every important area of institutional and substantive European law is covered—leading lawyers analyse the evolution of their area of expertise across time, bringing out the major thematic changes which have occurred. These changes are then viewed against the broader political and economic background of the Community as a whole. This book will give readers a clearer understanding of the overall legal picture in Europe, and allow them to gain a richer perspective on the interaction between law and the other forces which have shaped the Community and make it what it is today.

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  Torts

  Richard A. Epstein

  When you want to recommend a current and accessible introductory text to use alongside your torts casebook, you now have a new alternative. Richard Epstein, a recognized expert in the field, presents Introduction to Torts to provide an intelligent overview for the first-year law student. His balanced presentation of essential topics makes the book as approachable as it is up-to-date. No other ancillary book provides such a thorough and timely treatment. When you examine this powerful introductory tool, be sure to notice its: comprehensive coverage - Epstein addresses all the topics of the typical first-year Torts course, along with thought-provoking discussions of the underlying theory; clear, concise writing - open your examination copy to any page, read a sample passage, and you'll see Introduction to Torts is distinctly readable; quality of analysis - Epstein deals with controversial questions in a balanced and understandable style. Introduction to Torts fits with a wide variety of materials and will give students extra help, expecially in the most difficult aspects of the course. If you want your students to gain a solid command of the fundamental principles of modern Tort Law, recommend the most intellectually rich book with the most complete coverage - Richard Epstein's Introduction to Torts.

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  Sexual Harassment in the Workplace: Proceedings of New York University 51st Annual Conference on Labor

  Samuel Estreicher

  Sexual harassment is the fastest-growing category of employment litigation in the United States. At the root of recent class actions against several major corporations and the subject of three significant Supreme Court decisions during 1998, sexual harassment litigation is an area of legal practice where much remains unsettled and few claims can be confidently met with established defenses or remedies. Because of its potential for ad hoc outcomes that lead to ever-greater legal instability, the question of sexual harassment in the workplace requires sustained attention by policymakers in both business and government and by academics. It was in order to promote this crucial endeavor that New York University's Annual Conference on Labor for 1999 chose this issue as its theme. 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. This valuable symposium addresses such provocative questions as: To what extent can sexual harassment claims be meaningfully addressed by existing laws such as the National Labor Relations Act and state and federal anti-discrimination statutes? Are employer sexual harassment policy initiatives on a collision course with the First Amendment? What rights do accused employees have? When are employers liable for sexual harassment? Sexual Harassment in the Workplace also includes insightful discussions of the valuable role that social science methodologies and alternative dispute resolution techniques can play in fostering an environment where sexual harassment is better understood and effectively dealt with.

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  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 criminal justice 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.

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  Encarta Africana

  Henry Louis Gates Jr. and Kwame Anthony Appiah

  REDMOND, Wash., Jan. 8, 1999—Microsoft Corp. today launched Microsoft® Encarta® Africana, the much-anticipated comprehensive multimedia encyclopedia of Africans and people of African descent throughout the world. Encarta Africana is the culmination of a dream conceived in 1909 by W.E.B. Du Bois, the leading African-American intellectual of the 20th century, to produce the first encyclopedia of Africana. By compiling volumes of reference materials, audio and video footage, and stories passed on through generations, Microsoft, in collaboration with co-editors Dr. Henry Louis Gates Jr., chairman of Afro-American Studies at Harvard University, and Dr. Kwame Anthony Appiah, professor of Afro-American Studies and Philosophy at Harvard University, has today made Du Bois’ dream a reality. “For the first time, the story of the black world and its people will be told in a way never before possible—through images, video, music and text brought together in a unique experience,” Gates said. “Microsoft provided the technology needed to support and highlight this rich history – it was a perfect match.” “We’re breaking new ground in encyclopedia publishing with the Encarta Africana multimedia encyclopedia,” said Robbie Bach, vice president of the learning, entertainment and productivity division at Microsoft. “When Dr. Gates and Dr. Appiah approached us with the idea for Encarta Africana, we knew our technology was the ideal way to bring the experience of Africa’s history to life. Encarta Africana transports participants to another time and place and allows them to feel part of a dynamic, rich story. It’s an exciting addition to our award-winning Encarta reference product line.” In collaboration with Microsoft’s expert editorial and technical teams, Afropaedia LLC provided content for Encarta Africana, which catalogs the historical and cultural achievements of Africa and people of African descent throughout the world, including the United States, Europe, Latin America and the Caribbean, from 4 million B.C.E. (before the Common Era) to the present. Afropaedia is led by Dr. Gates and Dr. Appiah and includes scholars from Harvard University’s department of Afro-American Studies, the W.E.B. Du Bois Institute for Afro-American Research and the Committee on African Studies. A distinguished team of more than 30 advisory board members from universities worldwide, chaired by Wole Soyinka, 1986 recipient of the Nobel Prize in literature, also contributes to Afropaedia. The Microsoft Encarta team provided interactive technologies to incorporate the content, still images, video, audio and 360-degree views that make up Encarta Africana. This new encyclopedia delivers the same rich multimedia experience, superior technology and world-class content found in the line of Encarta CD-ROM reference titles. “From 1909 my father, W.E.B. Du Bois, dreamed of editing a comprehensive encyclopedia of Africa and the Black diaspora. He pursued this dream his entire life, culminating in the establishment of the Secretariat of the Encyclopedia Africana in Accra, Ghana, in 1961, an ongoing project that seeks to create an encyclopedia about Africa produced by Africans. Anthony Appiah and Henry Louis Gates Jr., inspired by my father’s original idea, have made a magnificent, state of the art contribution to African and African American Studies and Humanities with Encarta Africana. Dr. Du Bois would have been proud.” As Encarta Africana unfolds, the user is drawn into the content by singers performing the South African anthem and greeted by visuals including cultural artwork, historical maps and photos of famous black people. Users then move further into the multitude of historical content through the click of a mouse: Welcome. Users begin the journey through African history by clicking on the Welcome icon, which initiates an audio-video introduction of the product and its content by co-editors Gates and Appiah. Articles. More than 3,000 detailed articles cover a broad range of topics. Students of all ages can learn about the slave trade; sports heroes such as Muhammad Ali, Jesse Owens and Kareem Abdul-Jabbar; and the importance of Brazil in the African diaspora. Features. Users can access features such as Africana on Camera to explore African and African-American topics with personalities such as Maya Angelou and Quincy Jones and interact with From Africa to the Americas, one of the first multimedia presentations chronicling the number of slaves dispersed to the Americas during the transatlantic slave trade from 1519 to 1867. Users can participate in Virtual Tours, visiting interesting locations in the African diaspora ranging from Salvador da Bahia, Brazil, to the Harlem section of New York City. The section also includes an Interactive Africa Map and six videos showing Historic Sites in Africa. Time line. A detailed time line calls out important historical events from 4 million B.C.E. to the present and enables students of all ages to learn about subjects such as Lucy, the oldest and most complete skeleton of the earliest hominid species that lived between 3 million and 4 million years ago, found in Ethiopia. The time line also offers sections including Prehistory and Antiquity, Kingdoms of Africa, Exploring Africa and Exporting Africans, Abolition and Emancipation, Color Line and Colonialism, Civil Rights and Independence, and The Face of the Future. Research shows that students remember five times more information when it is presented in a multimedia context. Dovetailing with the increased focus on African-American studies and other multicultural disciplines in today’s classrooms, Encarta Africana gives students, educators and parents an unprecedented research tool through its comprehensive collection of information on black history. “Students learn more when they are stimulated by the captivating sights, sounds and words in multimedia software,” said Paulette Thompson, world history and French teacher, Garfield High School in Seattle. “Encarta Africana’s outstanding in-depth content and interactive multimedia features make learning about the important topic of black history exciting and fun. As educators search for reference materials that capture our rich cultural diversity, Encarta Africana will set the standard for families and schools.” Gates and Appiah have also developed more than 20 lesson plans to help teachers integrate Encarta Africana into their curricula. The lesson plans, which include titles such as A Great Leader and His Country—Understanding South Africa Through Nelson Mandela, and Myths and Realities—Truth and Distortion in News Coverage About Africa, can be found on the Encarta Schoolhouse Web site at http://www.encarta.MSN.com/schoolhouse/ , along with other lesson plans submitted by teachers around the world. Microsoft plans to donate 8,000 copies of Encarta Africana, a $560,000 retail value, to K-12 schools, the country’s historically black colleges and universities, and the Gates Library Foundation recipient public libraries throughout the southern United States. As part of the company’s commitment to providing outstanding software to schools, students and educators, Microsoft intends to donate 2,000 copies of Encarta Africana to urban schools through the Council of the Great City Schools, a coalition of 53 of the nation’s largest urban public school systems serving some 6.2 million students, and to the 104 historically black colleges and universities around the country. In addition, the Gates Library Foundation plans to donate 6,000 copies of Encarta Africana to public libraries that are part of its program.

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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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  Local Government Law: Cases and Materials

  Clayton P. Gillette and Lynn A. Baker

  For a lively examination of the structure and role of local government, you can rely on Local Government Law: Cases and Materials, Second Edition. The casebook balances theory with topical coverage to show students the true meaning of community and the many legal consequences of a community's relationship with the state, its residents, and neighboring locales. Instructors will find: balance of theory, cases, and problems; public choice analysis; insightful case notes; practice problems that give students the opportunity to apply what they are learning. Noteworthy features of the Second Edition include: the addition of co-author Lynn A. Baker, a leading scholar in local government law; cases on privatization of urban services; materials on communitarian approaches to local government law; more emphasis on the federal role in determining which goods and services the local government will provide; expanded discussion of federal mandates.

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  Sales Law: Domestic and International

  Clayton P. Gillette and Steven D. Walt

  Sales Law: Domestic & International describes & analyzes the law of sales under Article 2 of the Uniform Commercial Code as well as sales under the United Nations Convention on Contracts for the International Sale of Goods. Rather than restating self-explanatory provisions or cases applying them, its treatment is analytic. Students are given a framework that they can use to assess important aspects of the subject & apply to provisions not discussed explicitly.

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  The Cost of Rights: Why Liberty Depends on Taxes

  Stephen Holmes and Cass R. Sunstein

  All legally enforceable rights cost money. A practical, commonsense notion? Yes, but one ignored by almost everyone, from libertarian ideologues to Supreme Court justices to human rights advocates. The simple insight that rights are expensive reminds us that freedom is not violated by a government that taxes and spends, but requires it - and requires a citizenry vigilant about how money is allocated. Laying bare the folly of some of our most cherished myths about rights, this groundbreaking tract will permanently change the terms of our most critical and contentious political debates.

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  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.

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  Free Speech and the Politics of Identity

  David A.J. Richards

  Free Speech and the Politics of Identity challenges the scholarly view as well as the dominant legal view outside the United States that the right of free speech may reasonably be traded off in pursuit of justice to stigmatized minorities. These views appeal to an alleged reasonable balancebetween two basic human rights: the right of free speech and the right against unjust discrimination. Compelling arguments of normative political theory and interpretative history show, however, that these rights are structurally linked: the abridgement of one compromises the other. To make thiscase, David Richards offers an original political theory of toleration and of structural injustice that addresses the nature and scope of the right of free speech and the right against unjust discrimination; its analytic focus is on the role played by members of subordinated groups in the protest ofthe terms of structural injustice (the politics of identity), advancing constitutional justice under law. While the argument is developed on the basis of American constitutional experience from the antebellum period forward, its normative force is brought to bear both in defending and criticizingsome aspects of American law and in challenging the continuing legitimacy of laws against group libel, obscenity, and blasphemy under national legal systems (including Germany, France, Britain, Canada, Israel, India, South Africa, and others), regional systems (the jurisprudence of the EuropeanCourt of Human Rights), and public international law. The book's innovative normative and interpretative methodology calls for a new departure in comparative public law, in which all states responsibly address their common problems not only of inadequate protection of free speech but correlativefailure to take seriously the continuing political power of such evils as anti-Semitism, racism, sexism, and homophobia

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  Identity and the Case for Gay Rights: Race, Gender, Religion as Analogies

  David A.J. Richards

  How should we chart a course toward legal recognition of gay rights as basic human rights? In this enlightening study, legal scholar David Richards explores the connections between gay rights and three successful civil rights movements—black civil rights, feminism, and religious toleration—to determine how these might serve as analogies for the gay rights movement. Richards argues that racial and gender struggles are informative but partial models. As in these movements, achieving gay rights requires eliminating unjust stereotypes and allowing one’s identity to develop free from intolerant views. Richards stresses, however, that gay identity is an ethical choice based on gender equality. Thus the right to religious freedom offers the most compelling analogy for a gay rights movement because gay identity should be protected legally as an ethical decision of conscience. A thoughtful and highly original voice in the struggle for gay rights, David Richards is the first to argue that discrimination is like religious intolerance-denial of full humanity to individuals because of their identity and moral commitments to gender equality.

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  Italian American: The Racializing of an Ethnic Identity

  David A.J. Richards

  When southern Italians began emigrating to the U.S. in large numbers in the 1870s-part of the "new immigration" from southern and eastern rather than northern Europe-they were seen as racially inferior, what David A. J. Richards terms "nonvisibly" black. The first study of its kind, Italian American explores the acculturation process of Italian immigrants in terms of then-current patterns of European and American racism. Delving into the political and legal context of flawed liberal nationalism both in Italy (the Risorgimento) and the United States (Reconstruction Amendments), Richards examines why Italian Americans were so reluctant to influence depictions of themselves and their own collective identity. He argues that American racism could not have had the durability or political power it has had either in the popular understanding or in the corruption of constitutional ideals unless many new immigrants, themselves often regarded as racially inferior, had been drawn into accepting and supporting many of the terms of American racism. With its unprecedented focus on Italian American identity and an interdisciplinary approach to comparative culture and law, this timely study sheds important light on the history and contemporary importance of identity and multicultural politics in American political and constitutional debate.

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  The Regulation of International Trade

  Michael J. Trebilcock and Robert L. Howse

  The Regulation of International Trade 2nd Edition introduces the rules and institutions that govern international trade. The authors base their analysis on aspects of the subject from classic and contemporary literature on trade and political economy. This new edition has been fully updated to take account of the most recent developments in International Trade. New issues covered include: trade and competition trade and labour rights the Multilateral Agreement on Investment the Basic Telecoms and Financial Services WTO Agreements an analysis of the first three years of WTO dispute rulings, including those of Appelate Body. Drawing on the success of the earlier edition, this comprehensive and up to date text will be an invaluable guide to students of economics, law, politics and international relations.

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  Law and Disagreement

  Jeremy Waldron

  When people disagree about justice and about individual rights, how should political decisions be made among them? How should they decide about issues like tax policy, welfare provision, criminal procedure, discrimination law, hate speech, pornography, political dissent, and the limits of religious toleration? The most familiar answer is that these decisions should be made democratically, by majority voting among the people or their representatives. Often, however, this answer is qualified by adding providing that the majority decision does not violate individual rights. This book argues that the familiar answer is correct, but that the qualification about individual rights is incoherent. If rights are the very things we disagree about, then we are quarrelling precisely about what that qualification should amount to. At best, what it means is that disagreements about rights should be resolved by some other procedure, for example, by majority voting, not among the people or their representatives, but among judges in a court. This proposal although initially attractive seems much less agreeable when we consider that the judges too disagree about rights, and they disagree about them along exactly the same lines as the citizens. The book argues that a belief in rights is not the same as a commitment to a Bill of Rights. It shows the flaws and difficulties in many common defences of the democratic character of judicial review. And it argues for an alternative approach to the problem of disagreement: when disagreements about rights arise, the respectful way to resolve them is by decision-making among the right-holders on a basis that reflects an equal respect for them as the holders of views about rights. This respect for ordinary right-holders, it argues, has been sadly lacking in the theories of justice, rights, and constitutionalism put forward in recent years by philosophers such as John Rawls and Donald Dworkin. But the book is not only about judicial review. It looks at a theory of legislation, a theory which highlights the size, the scale and the diversity of modern legislative assemblies. The book presents legislation by a representative assembly as a form of law making which is especially apt for a society whose members disagree with one another about fundamental issues of principle, for it is a form of law making that does not attempt to conceal the fact that our decisions are made and claim their authority in the midst of, not in spite of, our political and moral disagreements.

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  The Dignity of Legislation: The 1996 Seeley Lectures

  Jeremy Waldron

  Jeremy Waldron here attempts to restore the good name of legislation in political theory. Focused in particular on the writings of Aristotle, Locke and Kant, this book recovers and highlights ways of thinking about legislation that present it as a dignified mode of governance and a respectable source of law. The focus is particularly on legislation by assemblies, large gatherings of representatives who air their disagreements in ferocious debate and make laws by deliberation and voting. Jeremy Waldron has published extensively in law, philosophy and political theory. Here he presents a unique study of the place of legislation in the canon of political thought - a study which emphasises the positive features of democracy and representative assemblies. The Dignity of Legislation is original in conception, trenchantly argued and very clearly presented, and will be of interest to a wide range of scholars and thinkers.

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  The Constitution of Europe: "Do the New Clothes Have an Emperor?" and Other Essays on European Integration

  Joseph H. H. Weiler

  Joseph Weiler presents essays written over the last ten years on issues related to European constitutional law. In a series of highly accessible discussions concerning the legal framework of the European Communities and the European Union, Professor Weiler describes the gradual strengthening of transnational European institutions at the expense of national legislators. Although individuals as legal consumers have been empowered by Community law, he writes, this has been at the expense of their rights as citizens. The Constitution of Europe thus provides from a legal perspective a balanced and uniquely authoritative critique of the attractions and demerits of the goal of European integration.

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  Bank Mergers & Acquisitions

  Yakov Amihud and Geoffrey P. Miller

  As the financial services industry becomes increasingly international, the more narrowly defined and historically protected national financial markets become less significant. Consequently, financial institutions must achieve a critical size in order to compete. Bank Mergers & Acquisitions analyses the major issues associated with the large wave of bank mergers and acquisitions in the 1990's. While the effects of these changes have been most pronounced in the commercial banking industry, they also have a profound impact on other financial institutions: insurance firms, investment banks, and institutional investors. Bank Mergers & Acquisitions is divided into three major sections: A general and theoretical background to the topic of bank mergers and acquisitions; the effect of bank mergers on efficiency and shareholders' wealth; and regulatory and legal issues associated with mergers of financial institutions. It brings together contributions from leading scholars and high-level practitioners in economics, finance and law.

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  EU Law: Text, Cases, and Materials

  Paul Craig and Gráinne de Búrca

  In the period since the publication of the first edition of this work there have been many important developments in EC and EU law. The intervening years have seen the Intergovernmental Conference leading to the revision now encapsulated in the Amsterdam Treaty. There has also been muchimportant Community legislation. The European Court of Justice has produced a number of seminal judgments in areas as diverse as state liability in damages, indirect effect, equality and standing to challenge the legality of Community action.The second edition of this leading text has been fully revised to take account of these developments, as well as including some of the innovative secondary literature which has been written since the publication of the first edition. It preserves the same structure which made the first edition sosuccessful, and includes a new chapter on capital and EMU, ensuring that students of EU law have comprehensive and up to date text and materials for their study of this fast moving area of law.

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  Cases and Materials on Civil Procedure

  David Crump, William V. Dorsaneo III, Oscar G. Chase, and Rex R. Perschbacher

  Organization and Methodology. This book is mostly traditional in approach. It is organized along the lines of the events in a lawsuit, beginning with service of process and establishment of the court’s jurisdiction, and proceeding through post-trial motions and appeals. For the most part, it uses the traditional case method. Law professors will recognize most of the “old favorite” cases, including venerable decisions such as Pennoyer v. Neff, modern classics such as Burger King Corp. v. Rudzewicz, and many others in between. One of the purposes of this Edition is to update such matters as supplemental jurisdiction, personal jurisdiction, diversity, removal, venue, disclosure, class actions and other issues, which have changed significantly in recent years. In some instances, the changes have required reorganization, to make the material clear and accessible. Special Feature. However, there is more to the book than traditional organization and approach. The following is a description of some of the special features that we have included. An Introduction to the Practice of Civil Litigation through Actual Litigation Documents. In addition to traditional case materials, the book include documents from actual litigation. Complaints and answers, motions, briefs, orders, and in the discovery chapter, a short deposition, are all excerpted for the student to see and study. We also have a set of self-initiated disclosures adapted from a real case. In some instances, a series of related papers tells the story of the underlying litigation. For example, Chapter 2 ends with an appendix containing all of the major papers in a typical forum contest. Likewise, Chapter 9 contains the documents presented by both sides in a typical summary judgement proceeding. (We also think students will be fascinated with Chapter 10, which contains excerpts from the jury selection, court’s charge, and final arguments in Pennzoil Co. v. Texaco Inc.—the case that produced the largest jury verdict in history.) We believe that these “real world” materials will help the student to understand the theory of civil procedure better, as well as providing insights into what litigators do. Problems, Including “Chapter Summary Problems.” Most of the chapters contain problems. For the most part, the problems in the first four chapters are simple. In this difficult course, it sometimes happens that a complex problem is not as helpful to the real goal of student understanding as a simpler one that clearly illustrates the application of the principles the student has learned. In later chapters, some of the problems are more difficult. In addition, the Second Edition contains “Chapter Summary Problems” for most chapters. These more comprehensive problems call for composite knowledge of the difficult parts of each chapter, requiring the student to “put the chapter together” and to apply what she has learned. These Chapter Summary Problems are placed early in the chapter, encouraging the student to think about the issues beforehand; but they can be answered only after the student has confronted the materials in the chapter. Thus the Second Edition allows the professor the flexibility to use a true “problem approach”—or, if she desires, she may simply omit one or all of these Chapter Summary Problems and employ traditional methods. “Improving the Systems”: Introducing Theoretical Issues at the Cutting Edge of the Law, Including Alternate Dispute Resolution. We would not be content, however, with introducing the student to current practice. A good lawyer needs to be able to grow with the law. In fact, he or she needs to think ahead of the current state of the law. Therefore, we have included sections in most chapters entitled “Improving the System.” We think these sections will help the student to think critically about current practice. And there is a benefit in looking at proposed improvement as a group. Our experience indicates that this method encourages deeper thought about the purposes of the Rules of Civil Procedure. Furthermore, the last chapter contains thorough coverage of alternate dispute resolution (“ADR”) methods (mediation, settlement, arbitration, conciliation, etc.) that have become prevalent recently. A “User Friendly” Book. Above all, we have tried to produce a book that makes the fundamental easy for the student to grasp. Although Civil Procedure may be the most difficult course in the first-year curriculum (we have no illusions of making it truly simple), we have done our best to make our book “user friendly.”

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  Principles for a Free Society: Reconciling Individual Liberty with the Common Good

  Richard A. Epstein

  As government budgets come under political fire and free-market ideals spread, the legal and social principles of libertarian thought continue to grow in popularity and relevance. It is particularly timely, then, that Richard Epstein, one of our country’s most distinguished legal scholars, here sets out an authoritative set of principles that explains both the uses and the limits of government power. Blending his deep knowledge of classical political theory and legal history with modern economic thought, he considers a wealth of timely topics: the use of norms and customs in setting legal rules; the appropriate spheres for both private and common property for such diverse resources as water and telecommunications; the dark side of altruism in driving collective behavior; and the relative merits of public and private assistance to the poor. Drawing on the work of multiple disciplines, Principles for a Free Society offers a thoroughly realized blueprint to guide us through political conflict in the troubled times ahead.

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  Employee Representation in the Emerging Workplace : Alternatives/Supplements to Collective Bargaining

  Samuel Estreicher

  Proceedings of New York University 50th Annual Conference on Labor: Private-sector unionization has been in a period of dramatic decline. While much scholarship has sought to explain this development and has called for stronger legal protection of union organizing efforts, the viability of alternative or supplementary forms of employee representation has received comparatively little attention. The potential for such alternatives and the appropriate role of public policy in this arena served as the theme for the 50th anniversary of New York University's Annual Conference on Labor. This long-standing conference brings together government officials; representatives of companies, labor unions, and employees; lawyers; and human resources specialists. In this vital forum, participants discuss important themes in U.S. labor law affecting the American workplace and share new ideas and perspectives for improving the practice. This latest installment includes conference papers and commentary as well as additional essays by professors at esteemed institutions in three different countries (Israel, Canada, and the United States). It addresses such provocative questions as: What do workers want in the way of workplace representation? What role has individualism played in the decline of unions in private companies? Do labor laws unnecessarily restrict the potential growth of employee ownership?