Faculty Books & Edited Works

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  The Unification of International Commercial Law

  Franco Ferrari

  Since the standardization of multinational trade law increases legal certainty and thus promotes international trade, the simplification of the regulations that regulate cross-border issues is becoming increasingly important. This applies to sales law and factoring law or transport law as well as to procedural law and arbitration. As part of the Tilburg readings, the topic of standardization was addressed from both an academic perspective and a practical legal perspective. The authors examine the levels at which standardization can be carried out (regional, European or global), the means in question (agreements or model laws) and the possible methods (unification of substantive law or the further development of international private and procedural law). In addition to the twelve lectures at the conference, the volume also contains a draft for supranational civil procedure rules.

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  Regulation of Lawyers: Problems of Law and Ethics

  Stephen Gillers

  Stephen Gillers' popular casebook offers excellent coverage of the full range of professional responsibility issues, illustrated and documented with new and provocative materials, often drawn from recent headlines. REGULATION OF LAWYERS mixes well-edited cases with realistic problems and original source material to help students understand the rules and regulations that will constrain their professional behavior. The casebook is divided into five parts on: Client-Lawyer Relationship Conflicts of Interest Special Lawyer Roles Avoiding and Redressing Professional Failure First Amendment Rights of Lawyers Gillers examines a wide range of situations, including: the duty to inform and advise the autonomy of clients the rights of clients with diminished capacity bias in the selection or assignment of counsel lawyers' moral accountability for their choice of clients prosecutorial misconduct Students will confront real-life controversies, such as: The White House Counsel's notes of conversations with Hillary Clinton, subpoenaed by Kenneth Starr advertising on the internet Cravath's representation of Credit Suisse in connection with allegations against the bank by families of Holocaust victims Judge Posner's 'law and economics' analysis of bar admission rules This scrupulous revision also features new or enhanced material on: the Restatement of Law Governing Lawyers client identity issues fees court-imposed sanctions use of experts in malpractice actions sexual relations with clients REGULATION OF LAWERS is part of a thorough teaching package that includes a revised Teacher's Manual, featuring six complete case histories, and a new Statutory Supplement.

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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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  The Law of Democracy: Legal Structure of the Political Process

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

  The Law of Democracy offers a systematic exploration of the legal construction of American democracy. The book brings together a cluster of issues in law regulating the design of democratic institutions, & the book employs a variety of methods - historical, comparative, theoretical, doctrinal - to explore foundational questions in the theory & practice of democracy. Covered issues include the historical development of the individual right to vote; current struggles over racial gerrymandering; the relationship of the state to political parties; the constitutional & policy issues surrounding campaign-finance reform; & the tension between majority rule & fair representation of minorities in democratic bodies.

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  Federal Habeas Corpus Practice and Procedure

  James S. Liebman and Randy A. Hertz

  This work takes the reader step-by-step through the legal, policy, strategic, tactical and ethical concerns encountered in postconviction litigation. Some of it's features include: circuit-by-circuit analysis of every habeas corpus doctrine and practice, lists of issues to raise and sources of claims to investigate, appendices of statutes, rules and forms, and many others.

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  Bloody Constraint: War and Chivalry in Shakespeare

  Theodor Meron

  War is a major theme in Shakespeare's plays. Aside from its dramatic appeal, it provided him with a context in which his characters, steeped in the ideals of chivalry, could discuss such concepts as honor, courage, patriotism, and justice. Well aware of the decline of chivalry in his own era, Shakespeare gave his characters lines calling for civilized behavior, mercy, humanitarian principles, and moral responsibility. In this remarkable new book, eminent legal scholar Theodor Meron looks at contemporary international humanitarian law and rules for the conduct of war through the lens of Shakespeare's plays and discerns chivalry's influence there. The book comes as a response to the question of whether the world has lost anything by having a system of law based on the Hague and Geneva conventions. Meron contends that, despite the foolishness and vanity of its most extreme manifestations, chivalry served as a customary law that restrained and humanized the conflicts of the generally chaotic and brutal Middle Ages. It had the advantage of resting on the sense that rules arise naturally out of societies, their armed forces, and their rulers on the basis of experience. Against a background of Medieval and Renaissance sources as well as Shakespeare's historical and dramatic settings, Meron considers the ways in which law, morality, conscience, and state necessity are deployed in Shakespeare's plays to promote a society in which soldiers behave humanely and leaders are held to high standards of civilized behavior. Thus he illustrates the literary genealogy of such modern international humanitarian concerns as the treatment of prisoners and of noncombatants and accountability for war crimes, showing that the chivalric legacy has not been lost entirely. Fresh and insightful, Bloody Constraint will interest scholars of international law, lovers of Shakespeare, and anyone interested in the history of war.

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  War Crimes Law Comes of Age: Essays

  Theodor Meron

  In this edited collection, Theodor Meron, the world's most important author on issues of international humanitarian law, brings together a fascinating collection of his essays on war crimes and related areas. Together with a new concluding chapter, this book will be welcomed by all scholars in the field as a useful and significant contribution to our understanding of international humanitarian law.

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  Civil Procedure

  Arthur R. Miller and Jack H. Friedenthal

  Prior edition of Civil Procedure.

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  Econometric Models and Economic Forecasts

  Robert S. Pindyck and Daniel L. Rubinfeld

  This text aims to help students understand the art of model building, what type of model to build, building the appropriate model, testing it statistically and applying the model to practical problems in forecasting and analysis. Although statistics is a prerequisite to use the text effectively, calculus is not required. This edition includes new material on descriptive statistics, a new chapter on non-linear and maximum likelihood estimation with a section on ARCH and GARCH models and a new test for heterosedasticity and use of panel data

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  Microeconomics

  Robert S. Pindyck and Daniel L. Rubinfeld

  Provides a treatment of microeconomic theory with a minimal level of mathematics and features examples of business applications to provide students with a presentation of theory at work in real companies, industry and government. This edition includes information on antitrust laws and bundling.

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  Women, Gays and the Constitution: The Grounds for Feminism and Gay Rights in Culture and Law

  David A.J. Richards

  In this remarkable study, David A. J. Richards combines an interpretive history of culture and law, political philosophy, and constitutional analysis to explain the background, development, and growing impact of two of the most important and challenging human rights movements of our time, feminism and gay rights. Richards argues that both movements are extensions of rights-based dissent, rooted in antebellum abolitionist feminism that condemned both American racism and sexism. He sees the progressive role of such radical dissent as an emancipated moral voice in the American constitutional tradition. He examines the role of dissident African Americans, Jews, women, and homosexuals in forging alternative visions of rights-based democracy. He also draws special attention to Walt Whitman’s visionary poetry, showing how it made space for the silenced and subjugated voices of homosexuals in public and private culture. According to Richards, contemporary feminism rediscovers and elaborates this earlier tradition. And, similarly, the movement for gay rights builds upon an interpretation of abolitionist feminism developed by Whitman in his defense, both in poetry and prose, of love between men. Richards explores Whitman’s impact on pro-gay advocates, including John Addington Symonds, Havelock Ellis, Edward Carpenter, Oscar Wilde, and André Gide. He also discusses other diverse writers and reformers such as Margaret Sanger, Franz Boas, Elizabeth Stanton, W. E. B. DuBois, and Adrienne Rich. Richards addresses current controversies such as the exclusion of homosexuals from the military and from the right to marriage and concludes with a powerful defense of the struggle for such constitutional rights in terms of the principles of rights-based feminism.

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  Unwanted Sex: The Culture of Intimidation and the Failure of Law

  Stephen J. Schulhofer

  Despite three decades of intense scrutiny and repeated attempts at ambitious reform, our laws against rape and sexual harassment still fail to protect women from sexual overreaching and abuse. What went wrong? In this original, provocative, and enlightening work, Stephen Schulhofer, a distinguished scholar in criminal law, shows the need to refocus our laws against rape and to create a new system of legal safeguards against interference with sexual autonomy. Our laws provide comprehensive protection for property rights, labor, and other important interests, but sexual autonomy—the right to choose freely whether and when to be sexually intimate with another person—is devalued and ignored. With vivid examples, including stranger assaults, date rapes, and sexual encounters between job supervisors and subordinates, teachers and students, doctors and patients, lawyers and clients, Schulhofer shows that recent reforms of rape and sexual harassment law are overrated and inadequate. From the excessive degree of force necessary for an aggressive action to be defined as rape, to the gray areas in which coercion and exploitation can be used to elicit a false but legally valid “consent,” Schulhofer offers a clear analysis of the limits of current standards. His proposals for a radically different approach hold the promise of genuine respect and effective protection for the sexual autonomy of both women and men. It is an ambitious yet sensible vision, committed to allowing willing partners to seek consensual relationships, while fully protecting each person’s right to refuse sexual encounters that are not genuinely desired.

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  Civil Procedure: Cases and Materials

  John J. Cound, Jack H. Friedenthal, Arthur R. Miller, and John E. Sexton

  This Seventh Edition, which has been prepared by Jack H. Friedenthal, Arthur R. Miller, and John E. Sexton, has had the benefit of many comments of colleagues from the large number of schools in which the first six editions have been used. These responses have been gratifying in confirming our own conclusion that the book is a highly successful teaching tool, regardless of the precise form of the civil procedure course being taught or of the specific material covered in it. As a result, this Seventh Edition preserves he same basic format and much of the material found in the earlier editions. Why then is a new edition necessary? Certainly a revision cannot be justified simply to achieve relatively trivial improvements or merely to replace the original text with more recent matter of similar substantive content. The reason for this volume is that since publication of the Sixth Edition there have been important developments in several areas of procedure, which give rise to intellectually stimulating questions and policy considerations that require inclusion in a contemporary casebook. Thus, the chapter on class actions has been substantially reworked to address mass tort litigation as an emerging trend in the law. The chapters on notice and personal jurisdiction have been revised to reflect significant changes in the Federal Rules of Civil Procedure, Rule 4 in particular. The chapter on supplemental jurisdiction has been revised to address the impact of amendments to 28 U.S.C. § 1367. The chapter on pretrial devices for obtaining information has been reworked, reflecting changes in the discovery process and the new provisions for mandatory disclosure. New sections, reflecting recent amendments to relevant statutes and to the Federal Rules, have been added to other chapters. Finally, introductory material, case notes, and citations to treatises, law review articles, and cases have been thoroughly revised and updated. We have looked for modern cases in which the facts are interesting, in which the conflicting policies seem to be in equipoise, or in which the context has extrinsic fascination, rather than for cases whose opinions offer tight little monographs on various aspects of procedure. After all, a student’s preparation and participation in class discussion frequently are in direct proportion to the extent to which the materials are interesting and involving. The notes and questions that follow nearly every principal case have been designed for the most part to encourage deeper analysis of the problems raised in the principal cases rather than to fill the student with additional detail. At the same time, we have tried to provide sufficient and selective references to secondary sources for the student who wishes to look further. We have not aimed at a “hard” book. Civil procedure is sufficiently mysterious to law student that its ability to challenge survives best when presented in a clear and simple environment. The danger is not of patronizing students, but of losing them. In the textual survey in Chapter One, in the long note on “the nature of the trial process” in Chapter Fourteen and in briefer introductions to other sections of the book, we have tried to tell students where they are going, and through extensive cross-referencing and questions we have tried to force them to review where they have been. We have not concentrated on the law of any one jurisdiction, although there is substantial emphasis on the operation of the Federal Rules of Civil Procedure, which have served as a model and focal point for serious discussion and implementation of procedural reform in a large majority of the states. In general the book operates on a comparative basis, except in contexts in which this approach has more limited utility than an in-depth exploration of a single system. A careful attempt has been made to strike a balance between exploration of underlying philosophical problems and analysis of day-to-day matters that arise frequently in office practice or in the courts. Our theory is that a mixture of both is necessary to give students a comprehensive understanding of procedure. How else can they learn why, even today, after so many y ears of study, revision, and reform, major proposals for alterations of the adjective law are still being made, and, undoubtedly, will continue to be made in the years to come? In addition, considerable use has been made of historical material, not only when it is directly relevant to today’s system, as in the study of the right to jury trial, but also in contexts in which it is necessary for a true grasp of the basic problems. Because courses in civil procedure vary greatly not only as to the hours allotted but also as to whether they are mandatory or optional and as to the year during which students are expected to take them, the materials in this edition are designed to provide maximum pedagogical flexibility. The cases and subjects covered have been selected primarily for a comprehensive, year-long course beginning in the first term of the law student’s first year; yet they may easily be divided into two or more quite different subjects to be given either as preliminary or advanced courses. The first chapter of this casebook sets forth a basic, textual statement of a procedural system’s framework, without which an understanding of any particular part of the system is difficult, if not impossible. This initial discussion defines those procedural terms necessary for comprehending legal opinions, whether they be of a procedural or substantive character. This, we believe, is an important function of a course in procedure, especially when it forms part of the first year curriculum. The textual analysis, which can be assigned for study with little or no class discussion, is followed by a series of illustrative cases designed to raise the basic problems of a procedural system, to illustrate the interplay among its various aspects, and to highlight many of the pints in the earlier text. An effort has been made to select cases that can be handles with relative dispatch so that the introduction does not become a de facto study of the entire course. In general, Chapter One is intended to let students form some idea as to the nature of the litigation “forest” before attempting to make them master any of its “trees.” After the first chapter, the structure of the book proceeds in a chronological fashion. The authors believe that this is the most logical way to teach civil procedure because it permits students to see the evolution and maturation of the litigation process. Furthermore, by putting personal and subject-matter jurisdiction and the materials dealing with the history of civil procedure before such subjects as pleading, joinder, and discovery, first year students are given some “breathing time” in which to absorb enough substantive law from torts, contracts, and property courses to enable them to grasp the significance of such matters as “pleading a cause of action,” “contributory negligence,” and “joint and several interests.” Finally, the authors have concluded that despite its conceptual difficulty, personal jurisdiction is a much more teachable and exhilarating introduction to civil procedure than is pleading. The chapters on jurisdiction include an extensive treatment of the federal courts. An investigation of a single system in detail seems the best way to impress students with the significance attached by courts to the concept of jurisdiction over the subject matter. The length of this material is greater than is customary in a civil procedure book, but part of it may readily be treated at the end of the course or be eliminated. We believe that without a working knowledge of such concepts as diversity of citizenship and supplemental jurisdiction, the procedural ramifications of the Erie doctrine and such indisputably procedural problems as joinder cannot be properly understood. We have concluded that to omit a plenary section on common-law pleading, the forms of action, equity, and the nineteenth century reforms (as many procedure casebooks do) would only lead to the introduction of this material in driblets by lecture during the study of modern pleading and other subjects with not substantial saving in time and probably at a cost in comprehension. At the same time we have eschewed the temptation to overcompensate for the disappearance of courses in equity; we have not attempted to cover the substantive doctrines of that discipline in a historical note. Although we believe history is invaluable to the study of modern procedure, the modern pleading chapter has been planned as a choate whole, and does not require the coverage of the earlier background chapter. The materials in this volume refer to and are augmented by a Supplement, which contains not only the federal statutes and rules governing procedure, as is traditional, but also comparative state provisions. In some cases other materials, such as notes of Advisory Committees, also are included. Thus at a glance students are able to see the different solutions put forth for particular procedural problems and are induced to explore reasons why one rule has not been universally acclaimed as “superior” and adopted by all jurisdictions. Use of the Supplement has the added advantage of permitting teachers and students to keep abreast of interesting alterations in the oftenchanging statutes and rules governing civil procedure, without constant revision of the casebook itself. All teachers of civil procedure are well aware of how difficult it is for student to grapple with problems in the abstract; for example in the field of pleading they may have only a vague notion of what a pleading looks like. The Supplement therefore also contains a litigation timechart and an illustrative problem, showing how a case develops in practice and samples of the documents that might actually have formed a portion of the record. It is important to note that these samples are not designed as models to be emulated. To the contrary, they often contain defects intended to induce students to criticize them in light of knowledge they have obtained from the cases and classroom discussion. The cases and excerpts from other materials obviously have been extensively edited in order to shorten them and clarify issues for discussion. Except in a few situations, the materials from the Sixth Edition have not been significantly shortened in preparing the Seventh Edition. With regard to footnotes: the same numbering appears in the casebook as appears in the original sources; editor’s footnotes are indicated by letters.

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  Neglected Stories: The Constitution and Family Values

  Peggy C. Davis

  In a powerful challenge to the belief that the Constitution has nothing to do with the individual freedoms that comprise family rights, Peggy Cooper Davis argues here that the constitutional amendments after the Civil War reflect a profound appreciation of the political, social, and personal worth of family autonomy. She draws upon what she calls the "motivating stories" of the Fourteenth Amendment to show that the Reconstruction legislators who sponsored it understood family rights as aspects of liberty that were fundamental to the proper definition of freedom and citizenship. This new understanding of family rights developed as men and women - black and white, Southerners and Northerners - came to appreciate the enormity of slavery's denial, even destruction, of family life. Davis also explores the "doctrinal stories" the Supreme Court has told to justify or strike down restrictions on liberty with respect to work, marriage, procreation, parenting, and sexuality and family planning - and the stories of the litigants who wanted to live, work, marry, love, and parent as they chose. These "neglected stories" are woven together in a strong new constitutional argument that gives us at long last a framework in which we can have sensible social and political debate about just what we mean when we say "family values."

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  Mortal Peril: Our Inalienable Rights to Health Care?

  Richard A. Epstein

  In this seminal work, distinguished legal scholar Richard Epstein daringly refutes the assumption that health care is a “right” that should be available to all Americans. Such thinking, he argues, has fundamentally distorted our national debate on health care by focusing the controversy on the unrealistic goal of government-provided universal access, instead of what can be reasonably provided to the largest number of people given the nation’s limited resources.With bracing clarity, Epstein examines the entire range of health-care issues, from euthanasia and organ donation to the contentious questions surrounding access. Basing his argument in our common law traditions that limit the collective responsibility for an individual’s welfare, he provides a political/economic analysis which suggests that unregulated provision of health care will, in the long run, guarantee greater access to quality medical care for more people. Any system, too, must be weighed on principles of market efficiency. But such analysis, in his view, must take into account a society-wide as well as an individual perspective. On this basis, for example, he concludes that older citizens are currently getting too much care at the expense of younger Americans.The author’s authoritative analysis leads to strong conclusions. HMOs and managed care, he argues, are the best way we know to distribute health care, despite some damage to the quality of the physician-patient relationship and the risk of inadequate care. In a similar vein, he maintains that voluntary private markets in human organs would be much more effective in making organs available for transplant operations than the current system of state control. In examining these complex issues, Epstein returns again and again to one simple theme: by what right does the state prevent individuals from doing what they want with their own bodies, their own lives, and their own fortunes?Like all of Richard Epstein’s works, Mortal Peril is sure to create controversy. It will be essential reading as health-care reform once again moves to the center of American political debate.

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  Proceedings of New York University 49th Annual Conference on Labor

  Samuel Estreicher

  This volume contains papers presented at the 49th Annual Conference on Labor held at New York University. 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 developments in U.S. labor law and human resources affecting the American workplace and share new ideas and perspectives for improving the practice. The chapters in this volume cover both recent developments and the very current issues likely to play a part in future developments. Topics discussed include e-mail policies, pre-dispute arbitration agreements, affirmative action after Adarand, and anti-workplace romance policies. The list of contributors comprises professors as well as attorneys for the Department of Justice, private firms, and corporations. The papers contained in the Proceedings will assist and appeal to all concerned with contemporary labor law issues in general and in particular with how the United States is considering these issues.

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  The New Federalism: Can the States Be Trusted?

  John A. Ferejohn and Barry R. Weingast

  The New Federalism investigates whether returning a variety of regulatory and police powers back to the states will yield better government. It poses the provocative question, Can the states be trusted? and emerges with a qualified yes. This book should be an invaluable resource to federal and state policymakers alike. In recent years, the growth of the federal government and its failure to resolve many major problems have ignited a serious new debate. Some scholars and policymakers suggest that reinvigorating American federalism—returning a variety of regulatory and police powers back to the states—may better solve many of these problems. Others claim that it will gut policies or cripple national regulation. This book confronts these issues as it investigates the central question of the new American federalism: Will it yield better government, in doing so it poses the provocative question, Can the states be trusted? Proponents of greater federalism argue that it creates competition and fosters the “laboratory of the states.” Opponents claim that decentralizing power to the states will lead to a “race to the bottom.” The contributors to the volume examine the current state of knowledge and evidence about both sides of the argument and offer: a historical and constitutional perspective that raises important questions for the contemporary debate; the main lessons of modern economics applicable to the new federalism; evidence on interstate competition in three important policy domains: welfare, the environment, and corporate law; an outline of the relative merits of a statutory versus a constitutional basis for the new federalism. The authors The New Federalism: Can the State be Trusted? conclude that the answer is a qualified yes. The studies in this volume find little evidence for a race to the bottom in three major policy domains. This book should be an invaluable resource to federal and state policymakers alike.

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  Looking at Law School: A Student Guide from the Society of American Law Teachers

  Stephen Gillers

  The indispensable guide for anyone considering law school—now brought completely up-to-date. Since its original publication, Looking at Law School has come to be recognized as essential reading for anyone contemplating becoming a lawyer. Now revised throughout and with new chapters on “Law and Economics” and “The Classroom Climate,” this acclaimed book gives prospective students an advance look at the process of legal education—the stresses and strains of attending law school as well as the courses that are taught. Shedding light on a truly broad range of subjects, eminent professors from leading institutions explain what law schools expect from students and what students can expect from law schools and a legal career. Divided into four main sections—deciding to go to law school, the law school experience, the first year of law school, and special courses and course selection—this essential guide features in-depth discussion on such topics as: applying and gaining admission to law school; financing a legal education; the situation of women and minority students; the content of courses in the crucial first year; innovative teaching programs; the secrets of style in legal writing; issues of legal ethics and philosophy; and much more on every aspect of legal training and practice.

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  Regulation of Lawyers: Statutes and Regulations

  Stephen Gillers and Roy D. Simon Jr.

  Prior edition of Regulation of Lawyers: Statutes and Regulations.

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  People of the Book: Canon, Meaning and Authority

  Moshe Halbertal

  People of the Book offers an introduction to Jewish hermeneutics, and conveys the importance of the tradition to both general and academic readers. While Scripture is at the centre of many religions, among them Islam and Christianity, this book inquires into the function, development, and implications of the centrality of text upon the Jewish community, and by extension on the larger question of canonization and the text-centered community. It is a commonplace to note how the landless and scattered Jewish communities have, from the time of the destruction of the Temple in Jerusalem in 70 AD until the founding of modern Israel in 1948, cleaved to the text and derived their identity from it. But the story is far more complex. The shift from the Bible to the Torah, from biblical religion to rabbinic Judaism mediated by the Sages, and the sealing of the canon together with its continuing interpretive work demanded from the community, amount to what could be called an unparalleled obsession with textuality. Halbertal gives us insights into the history of this obsession, in his narrative.;The book offers an introduction to Jewish hermeneutics, and aims to convey the importance of the tradition to a wide audience of both academic and general readers. Halbertal provides a panoramic survey of Jewish attitudes toward Scripture, organized around problems of normative and formative authority, with an emphasis on the changing status and functions of Mishnah, Talmud, and Kabbalah. Weaving complex issues of interpretation into his own plot, he animates ancient texts by assigning them roles in his own narrative.

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  The Rights of the Poor: The Authoritative ACLU Guide to Poor People's Rights

  Helen Hershkoff and Stephen Lofreddo

  Using a simple question-and-answer format, Helen Hershkoff and Stephen Loffredo provide a comprehensive and up-to-date account of the rights of the poor. They examine federal and state programs providing income support and medical services as well as federal programs providing food assistance and federally subsidized housing programs. They also discuss access to justice, rights in public places, and voting rights. Hershkoff and Loffredo point out that given the present conservative political climate, it is now more important than ever for poor people to know their rights under law. To that end, they explain how poor people can use the law to obtain services necessary for basic living: income support, food assistance, health care, housing, and education. The eligibility requirements for all programs for the poor are complex and changeable. The Welfare Reform Act of August 1996 further complicates the rules and makes this ACLU guide even more essential. Written for poor people and their advocates, as well as for anyone interested in the current status of the "War on Poverty," this book also describes how poor people can use the law to participate more fully in political and community life.

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  Banking Law and Regulation

  Jonathan R. Macey and Geoffrey P. Miller

  In this second edition, Macey and Miller integrate the many recent developments in the field while they tackle the fundamental question of the role of the bank in a modern industrial society. They encourage students to explore the nature, content, and scope of the rules regulating the banking industry in light of economic and social purposes. For this edition, each chapter was revised to incorporate: changes to interstate banking (Riegle-Neal Interstate Banking and Branching Efficiency Act of 1994) Kaye, Scholer freeze order the BCCI scandal community reinvestment issues swaps and other financial derivative instruments. The chapter on capital regulation has also been greatly expanded. A comprehensive introduction that details: the history of the American banking industry nature of the banking firm basic rationale for banking regulation central structure of banking regulation and alternatives from other countries. From this foundation, The authors progress to more specific topics: bank holding companies in geographic limitations securities powers of banking institutions n examination and enforcement n bank failure n international banking For a fresh new look at the enduring issues of banking as the industry experiences significant change, turn to Banking Law and Regulation, Second Edition

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  Civil Procedure

  Arthur R. Miller and Jack H. Friedenthal

  Prior edition of Civil Procedure.

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  Civil Procedure

  Arthur R. Miller and Jack H. Friedenthal

  Prior edition of Civil Procedure.

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  The Last Word

  Thomas Nagel

  If there is such a thing as reason, it has to be universal. Reason must reflect objective principles whose validity is independent of our point of view—principles that anyone with enough intelligence ought to be able to recognize as correct. But this generality of reason is what relativists and subjectivists deny in ever-increasing numbers. And such subjectivism is not just an inconsequential intellectual flourish or badge of theoretical chic. It is exploited to deflect argument and to belittle the pretensions of the arguments of others. The continuing spread of this relativistic way of thinking threatens to make public discourse increasingly difficult and to exacerbate the deep divisions of our society. In The Last Word, Thomas Nagel, one of the most influential philosophers writing in English, presents a sustained defense of reason against the attacks of subjectivism, delivering systematic rebuttals of relativistic claims with respect to language, logic, science, and ethics. He shows that the last word in disputes about the objective validity of any form of thought must lie in some unqualified thoughts about how things are—thoughts that we cannot regard from outside as mere psychological dispositions.