Faculty Books & Edited Works

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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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Cases and Materials on Employment Discrimination and Employment Law

Samuel Estreicher and Michael C. Harper

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

Samuel Estreicher and Stewart J. Schwab

This collection of key readings introduces students of labour and employment law to the intellectual background and economic concepts that inform modern law. Among the topics discussed are public and private sector laws, unions, pensions, international comparisons with American employment law, and future models of labour and employment law. The readings are introduced by the two editors, both scholars in this field, and accompanied by notes and questions for the student. This collection of key readings introduces the reader to the intellectual background and economic concepts that inform modern law. The readings are introduced by the two editors, both scholars in this field, and accompanied by notes and questions for the student.
Did Microsoft Harm Consumers? Two Opposing Views

David S. Evans, Franklin M. Fisher, Daniel L. Rubinfeld, and Richard L. Schmalensee

United States v. Microsoft is arguably “the” antitrust case of the past decade. It will have important implications for how governments regulate information technologies and the coming Internet explosion. It will also have important consequences for how businesses behave in the marketplace and in the political arena. Because the Microsoft case has captured the attention of the public and the press, we thought that it would be useful to provide an informed assessment of the economic and policy issues underlying the case. Typically, the AEI- Brookings Joint Center commissions studies from academics who do not have a direct stake in the issue under study. In this volume we decided to take a different tack. We asked the leading economists on the government side of the case and the Microsoft side of the case to layout their views on the key issues and then to respond to the views presented by the opposing side. We did so because we felt that the leading economists would have access to information that outsiders might not easily obtain. We also felt that readers would then be in a good position to reach their own conclusions about the case. We hope that this volume will highlight the fundamental areas of agreement and disagreement on this case. We also hope that this volume will illuminate many of the complex issues involved in assessing the appropriate scope for antitrust intervention in information technology industries.
Outline of a Phenomenology of Right

Bryan-Paul Frost and Robert L. Howse

Alexandre Kojeve was one of the twentieth century's most important political philosophers, yet among American intellectuals he is known mostly by reputation. Kojeve's reading of Hegel influenced an entire generation of French intellectuals, including Raymond Aron, Georges Bataille, Jacques Lacan, and Eric Weil. His work also inspired Francis Fukuyama's famous thesis in The End of History and the Last Man. Published posthumously in 1981 and available for the first time in English, Outline of a Phenomenology of Right is Kojeve's most political work. This is Kojeve's only sustained discussion of such fundamental questions as justice, law, and the most satisfying form of government.
Criminology and Social Theory

David W. Garland and Richard Sparks

In this unique collection of essays, a diverse group of distinguished social theorists reflect upon the intellectual challenges and opportunities presented to criminology by recent transformations in the social and intellectual landscapes of contemporary societies. As each essay in its different way reveals, crime and punishment have ceased to be topics that can be contained within the bounds of any specialized discipline. Crime and punishment now play such integral roles in the politics of contemporary societies, are so densely entangled with our daily routines, so deeply lodged in our emotional lives, so vividly represented in our cultural imagination, that they easily escape any analytical box, however capacious, that criminology may develop for their containment.
Regulation of Lawyers: Statutes and Regulations

Stephen Gillers and Roy D. Simon

Prior edition of Regulation of Lawyers: Statutes and Regulations.
Protecting Human Rights in a Global Economy: Challenges for the World Trade Organization

Robert L. Howse and Makau Matua

Explores the relationship between trade law and human rights law and identifies areas of tension and possible reconciliation. Argues that trade and human rights regimes need not be in conflict so long as the trade regime is interpreted and applied in a manner consistent with the human rights obligations of states.
What Kind of Constitution for What Kind of Polity?: Responses to Joschka Fischer

Christian Joerges, Yves Mény, and Joseph H. H. Weiler

Does Europe need a Constitution? Does it already have one, albeit one which does not generate the type of legitimacy that good European governance would require? What are the failures of the European construct that we have to address? How could the necessary changes be brought about? Such questions nurture endless discussions among lawyers and political scientists all over Europe and beyond. To its surprise, this learned community hears about a talk given on 12 May 2000 at the Humboldt University in Berlin by Joschka Fischer. “Allow me . . . to cast aside for the duration of this speech the mantle of German Foreign Minister. . . . Although I know it is not really possible to do so,” Herr Fischer explained. Whether possible or not, one huge virtue was on display: that this was not a speech with electoral returns or the prospects of pre-election pep-talks in mind—a truly bright and a refreshing breath of fresh air in today’s politics. His talk became immediately accessible in three languages not only through the website of the Walter Hallstein Institute at the Humboldt University but also as a “Grundsatzrede” on the website of the German Bundestag. A wide degree of public attention was hoped for and was, in fact, received. The German Foreign Minister had initiated an intensive public debate. The responses in Europe were heard primarily in the various political arenas of the Union’s Member States and were often enough articulated by citizen Fischer’s high ranking colleagues. Public attention was not restricted to the political system and organised public opinion. Only rarely do politicians free themselves in public from the constraints of their roles of being either the specialist managing necessities or the generalist delivering uncontroversial messages. Our initiative was born out of academic curiosity for a tertium. We witnessed the emergence of a European-wide discussion on problems and prospects of the European polity inspired by an unconventional type of political act and wondered whether we could mirror this event: how does the academic world address the issues raised in the political system and what, indeed, do academics have to say when they themselves leave their own circles to raise their voices as citizens? Such an initiative can neither be representative or original in any way nor can it articulate some form of communis opinio—academics, appropriately, are good at unveiling ever more problems but not, perhaps, at coming up with common answers. What we sought to bring about was a multi-disciplinary, multi-national, pluralist response which would document common concerns and the existence of a European public sphere—at least in the social sub-system we inhabit. With our initiative, we step outside the ordinary confines of the academic world in much the same way as Joschka Fischer operates outside the conventional borders of the political system. This is neither to suggest that both worlds could merge nor to establish a hierarchy among them. However, it nonetheless remains our ambition to enrich the public debate. How might one read this collection of essays? We did not try to assign specific tasks to the individual contributors. Each and every one of them represents specific research priorities, long-term orientations and normative preferences. Their interdisciplinary and multi-national composition ensured a range of responses which, in some, would, to some degree, be complementary, in others controversial, but never ever simply redundant. We also did not bother too much with editing style: on the websites where these contributions were made accessible, the voices one could read were authentic, having met only with the lightest of touches from the editor’s pen. In these printed versions, the English of non-native writers has been edited, albeit not with the ambition of camouflaging the origin of texts. Hence, it would be futile to try to organise their collective contents in line with some all-encompassing system. It may, however, be useful to sketch out briefly just three main common themes of this collective exercise. Such guidance may help readers to identify the contributions which are closest to their particular interest. They should, however, also be prepared to discover many more interesting comments which are not included in the following sketch. “Less than a Federation. More than a Regime”: this famous characterisation of the European project has proved to be of long term validity. But this success stems from its very indeterminacy. When proclaiming “a very simple answer” to the queries posed by this formula, namely “the transition from a union of states to full parlamentarisation as a European Federation,” Joschka Fischer rejects what has so far been a very successful compromise formula. Charles Leben, the contitutionalist, cannot imagine what a “federation” which is not a state, or, as Giuliano Amato puts it, not a Bundesrepublik, would look like, even though the European citizen, Leben, would apparently very much like to see it come into being; Klaus von Beyme, the political scientist, recalls the Lebenslüge of Germany’s federalism and Helen Wallace confirms this—not only does the term “federation” irritate many Britons, as Joschka Fischer knows so well, “his focus on the finalité of the European Union also baffles” most of them. Tanja Börzel and Thomas Risse have delivered a systematic treatment of the issue which juxtaposes the conventional legal reconstruction of the EU (with which they find Fischer still identifying himself) with the multi-level governance models circulating in the world of the political sciences: tertium datur! Reservations about the “federation” vision are particularly marked in the contributions by Iulia Motoc and Jan Zielonka. Both are afraid of the implications of such a move for the “standing” of putative new members; the loss of their newly gained autonomy. The present institutional system cannot work with so many new member, Joschka Fischer argues. Deepening, however, will provoke the mistrust of the new Member States, von Beyme warns. And Jan Zielonka adds that enlargement is simply incompatible with Joschka Fischer’s finalité: to insist on the “adoption of an 80,000 pages long acquis communautaire” cannot be the “Königsweg” into a democratic future. The threat of a core Europe may, indeed, strengthen new alliances with British opponents of further integrationist moves. It is illuminating to observe that all the contributions are fighting with an apparent dilemma: the adherence to a formal structure which will be accompanied by the emergence of new non-formalised hierarchies on the one hand, and institutional changes which should focus on the efficacy of decision-making procedures in the future on the other. The quest is for a tertium, i.e., an institutional reform within which the economic and social discrepancies could be addressed and the acceptance of the Union by all its new and old citizens be ensured. How, then, does one get there? The title Johan Olsen has chosen for his contribution refers to the institutional framework outlined in Fischer’s talk: “a constitutional treaty centred around basic human and civil rights; shared sovereignty and a clear definition of competences between European and nation-state levels of governance; a division of powers among the European institutions, including full parliamentarisation and a European Parliament with two chambers, a European Government and, possibly, a directly elected president” entrusted with broad administrative powers. It its not just the individual elements of this building which meet with reservations, but the very idea of prescribing the ends of the integration process. All disciplines, including even the law, have come to understand integration more as a Hayekian discovery procedure than a pre-thought-out blueprint, and constitutionalisation more as a process than as an interpretative exercise. Constitutionalism beyond the state has become a theme even within nation-states with a strong “Staats-tradition”. All this implies a search for legitimate governance structures which cannot simply be copies of the model of the democratic nation-state. Joschka Fischer, the citizen, may be less surprised than Joschka Fischer, the Foreign Minister, by the observation that so many among the contributors seem to be more radical than he is in their readiness to rethink Europe’s institutional future. There is a lot more to be found in the contributions—and, indeed, in Joschka Fischer’s speech. This speech was politically successful in that it moved so many otherwise silent minds in the European public. Its was also successful in strengthening the sensitivity of the academic world to a series of issues which deserve to be explored and debated further—in both worlds.
Federal Income Taxation

William A. Klein, Joseph Bankman, and Daniel N. Shaviro

Students and instructors nationwide will soon recognize that FEDERAL INCOME TAXATION, Twelfth Edition, Is the most accessible edition to date! Every single element of this longstanding leading text - from content selection to sequence to organization - has been enhanced for greater effectiveness and easier understanding. The strengths that have earned the casebook enduring popularity continue to serve as the backbone of the book such as: Problems that are interspersed between notes and questions. A perfectly balanced presentation that heightens accessibility while it remains challenging. the current authors, who are among the most noted scholars of their generation, continue to uphold and extend the tradition of excellence established by original author Boris Bittker. A unique introduction that provides insightful historical background and some economic analysis. Integrated theory and policy when appropriate. an extensive Teacher's Manual, long regarded as one of the best in any substantive area, supports the text and gives practical suggestions rooted in years of classroom experience. Some of the many exciting changes made For The Twelfth Edition include: new co-author Daniel Shaviro shares his expertise in tax law and policy new and additional problems, In response to user feedback new introductory text supplies additional explanations updated text on the 1997 Tax Act substantially trimmed notes concentrating on the essentials a new discussion of 'flat tax' and expanded section on tax compliance materials on Drescher that now stand alone and can be used when professors prefer a rewritten section on original issue discount, now clearer and easier to follow an impressive author web site, www.law.nvu.edu/bankmanj/ cases which have been exhaustively reviewed include preserved teaching cases considered to be the best, and less distinguished cases either cut, reduced, or summarized If you select a casebook on the basis of quality, currency, and accessibility, you're sure to choose FEDERAL INCOME TAXATION, Twelfth Edition, For your next course.
The Implications of the European Convention on Human Rights for the Development of Public International Law

Theodor Meron

Although it is still too early to reach definitive conclusions about the impact of the European Convention on Human Rights on general international law, it is already clear that it has had a significant impact not only on other regional and universal human rights systems, but also on such diverse areas as the principles of state responsibility, the interpretation of treaties, and environmental protection. An area where such an influence has, at least so far, been limited to human rights systems and where it has not extended to general international law is that of reservations to treaties. This report was specially prepared by Professor Theodor Meron, Charles L. Denison Professor of Law at New York University Law School and an Associate Member of the Institute of International Law, and was discussed at the 19th meeting of the Ad Hoc Committee of Legal Advisers on Public International Law (CAHDI) of the Council of Europe, held in Berlin from 13-14 March 2000. With its publication, the CAHDI wishes to contribute in a practical manner to the celebration of the fiftieth anniversary of the European Convention on Human Rights (1950-2000).
Intellectual Property: Patents, Trademarks, and Copyright in a Nutshell

Arthur R. Miller and Michael H. Davis

It has been said, with respect to tort law that anyone can recognize a punch in the nose. Unlike a punch in the nose, "Patents and copyrights approach, nearer than any other class of cases belonging to forensic discussion to what may be called the metaphysics of the law, where the distinctions are, or at least may be, very subtle and refined, and, sometimes, almost evanescent." This text, by famed Harvard professor Arthur Miller, includes patents, trademarks, and copyrights. Further, it addresses torts and property; antitrust and government regulation; concepts of federalism and state and federal conflicts. The text provides the scope and highlights you need to excel in understanding this field. This will enable you to answer exam questions more quickly and accurately, and enhance your skills as an attorney.