• Home
  • Search
  • Browse Collections
  • My Account
  • About
  • DC Network Digital Commons Network™
Skip to main content
Gretchen NYU Law Library
  • Home
  • About
  • Faculty Profiles
  • My Account

Home > Faculty Scholarship > Faculty Books & Edited Works

Faculty Books & Edited Works

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

Follow

Switch View to Grid View Slideshow
 
  • EU Law: Texts, Cases, and Materials by Paul Craig and Gráinne de Búrca

    EU Law: Texts, Cases, and Materials

    Paul Craig and Gráinne de Búrca

    The definitive EU law textbook: the most authoritative coverage, including extracts from all key cases and materials, from a world-renowned author team.Respected as the definitive textbook on the subject, this is the stand-alone guide to EU law. The world-renowned authors offer the ideal balance of commentary, key cases, and materials to provide the most authoritative coverage and analysis.

  • EU Law: Texts, Cases, and Materials by Paul Craig and Gráinne de Búrca

    EU Law: Texts, Cases, and Materials

    Paul Craig and Gráinne de Búrca

    The definitive EU law textbook: the most authoritative coverage, including extracts from all key cases and materials, from a world-renowned author team. Respected as the definitive textbook on the subject, this is the stand-alone guide to EU law. The world-renowned authors offer the ideal balance of commentary, key cases, and materials to provide the most authoritative coverage and analysis. This UK version sections at the end of chapters covering how the principles apply or don't apply to the UK post-Brexit.

  • Electoral Reform in the United States: Proposals for Combating Polarization and Extremism by Larry Diamond, Edward B. Foley, and Richard H. Pildes

    Electoral Reform in the United States: Proposals for Combating Polarization and Extremism

    Larry Diamond, Edward B. Foley, and Richard H. Pildes

    In the midst of the political ugliness that has become part of our everyday reality, are there steps that can be taken to counter polarization and extremism—practical steps that are acceptable across the political spectrum? To answer that question, starting from the premise that the way our political processes are designed inevitably creates incentives for certain styles of politics and candidates, the Task Force on American Electoral Reform spent two years exploring alternative ideas for reforming key aspects of the US electoral process. The results of their work are presented in this essential book.

  • Federal Standards of Review by Harry T. Edwards and Anne Deng

    Federal Standards of Review

    Harry T. Edwards and Anne Deng

    This book is a post publication update of the Standards Governing Federal Court Review of District Court Decisions and Agency Actions.

  • Cases and Materials on Torts by Richard A. Epstein and Catherine M. Sharkey

    Cases and Materials on Torts

    Richard A. Epstein and Catherine M. Sharkey

    Concise yet comprehensive Cases and Materials on Torts gives 1Ls a solid foundation in the historical evolution of doctrine and social and economic theory to apply to contemporary issues facing courts. Cases and Materials on Torts preserves historical and conceptual continuity between the present and the past, while addressing the most significant contemporary controversy in fast-moving areas like public nuisance, global warming, products liability, and new litigation against internet providers. Towards our dual ends, the Thirteenth Edition retains the great older cases, both English and American, that have proved themselves time and again in the classroom, and which continue to exert great influence on the modern law. This book also provides a rich exploration of the dominant corrective justice and deterrence (or prevention of harm) approaches to tort law, as exemplified both in the retained and new cases and materials. New to the Thirteenth Edition: developments at the cutting edge of public nuisance law, including the opioids crisis, global warming, and the sale of guns; expanded consideration of the duties of online platforms, as illustrated by vicarious liability against Uber; products liability against Snapchat for defective algorithmic design and against Amazon for sale of defective goods; and novel claims of affirmative duties to rescue on Facebook and rideshare companies; developments in drug litigation, including duties to report adverse events to regulators post-approval and “innovator liability” on brand-name manufacturers for failure to warn by generic manufacturers; recent transformations in setting of compensatory damage awards, with the addition of draft materials of the Restatement (Third) of Torts: Remedies, including matters relating to race and gender; a more streamlined casebook appropriate for a comprehensive 1L Torts course. Professors and students will benefit from: clear organizational framework of the book; important historical lines of cases that help understand legal reasoning and the evolution of precedent; inclusion of key academic commentary and elaboration of central intellectual disputes over the nature and function of the tort law; extensive notes with topic headlines that elaborate basic concepts through relevant cases, both old and new, that help shape the most complex contemporary issues facing courts; great attention given to cutting edge tort developments.

  • Cases and Materials on U.S. Antitrust in Global Context by Eleanor M. Fox, Daniel A. Crane, and Sean P. Sullivan

    Cases and Materials on U.S. Antitrust in Global Context

    Eleanor M. Fox, Daniel A. Crane, and Sean P. Sullivan

    This casebook is rich with political economy, economics, global perspectives, and analysis of contemporary antitrust problems in the United States and the world. Useful in a 3 or 4-credit course and as a desk book, the volume features contemporary debates about big data platforms and their antitrust accountability, algorithmic collusion, labor markets, and merger analysis in the wake of new merger guidelines. It excerpts the landmark U.S. antitrust cases, and highlights debates about the goals of antitrust, the effects of new technologies, and the phenomenon of converging and diverging jurisprudence in the competition law of different nations. It provides a clear presentation of the tools of analysis and the assumptions that may influence outcomes. The volume is unique in its probing questions that explore the line between hard competition and abuse of power.

  • Antitrust: Principles, Cases, and Materials by Daniel Francis and Christopher J. Sprigman

    Antitrust: Principles, Cases, and Materials

    Daniel Francis and Christopher J. Sprigman

    Antitrust: Principles, Cases, and Materials (2d Edition) is an openly-licensed antitrust law textbook, co-authored by Profs. Daniel Francis and Christopher Jon Sprigman (both teach at the New York University School of Law). The textbook is made available under a Creative Commons Attribution-NonCommercial-Share Alike 4.0 International License. Under the terms of this license, you are free to copy, modify, and redistribute the textbook in part or whole in any format provided that (1) you do so only for non-commercial purposes, and (2) you comply with the attribution principles of the license (credit the authors, link to the license, and, if you make modifications, share them under the same license terms).

  • 2024-2025 Civil Procedure Supplement for Use with All Pleading and Procedure Casebooks by Jack H. Friedenthal, Arthur R. Miller, John E. Sexton, Helen Hershkoff, Adam N. Steinman, and Troy A. McKenzie

    2024-2025 Civil Procedure Supplement for Use with All Pleading and Procedure Casebooks

    Jack H. Friedenthal, Arthur R. Miller, John E. Sexton, Helen Hershkoff, Adam N. Steinman, and Troy A. McKenzie

    This supplement is an up-to-date source for the Federal Rules of Civil Procedure and notes of advisory committees, plus other materials important for teaching Civil Procedure and advanced procedure courses, including selected provisions from the U.S. Constitution, U.S. Code and proposed legislation, state constitutions and state jurisdictional statutes, federal local rules (including local rules governing counsel’s use of Artificial Intelligence), sample judicial orders (including in class actions and MDL), and Rules of Appellate Procedure. It also contains edited versions of recent decisions of interest, including Mallory v. Norfolk Southern Railway Co. (the Supreme Court's 2023 decision on personal jurisdiction), Harrington v. Purdue Pharma (its 2024 decision on the use of bankruptcy proceedings to resolve mass tort liability), and SEC v. Jarkesy (its 2024 decision on the Seventh Amendment right to a jury trial). In addition, the supplement provides materials for experiential learning, including a Flow Chart of a Civil Action, an Illustrative Litigation Problem with Sample Documents, and the complaints in Twombly, Iqbal, and Erickson v. Pardus. It may be used with all pleading and procedure casebooks.

  • Copyright Law: Cases and Materials by Jeanne C. Fromer and Christopher J. Sprigman

    Copyright Law: Cases and Materials

    Jeanne C. Fromer and Christopher J. Sprigman

    Copyright Law: Cases and Materials is a free copyright law textbook, co-authored by Profs. Jeanne C. Fromer and Christopher Jon Sprigman (both teach at the New York University School of Law and serve as Co-Directors of the Engelberg Center on Innovation Law and Policy).

  • Regulation of Lawyers: Problems of Law and Ethics by Stephen Gillers

    Regulation of Lawyers: Problems of Law and Ethics

    Stephen Gillers

    In this, the Thirteenth edition of Stephen Gillers’ book, Regulation of Lawyers: Problems of Law and Ethics, the author’s goal, as always, is to teach the law and rules governing lawyers and judges with engaging writing and a conversational voice. To that end, he sprinkles the text with literary and historical references, references to current events, amplifying asides (“by the way” stories), and humor. There are new cases, and some repeat cases have been further edited. New problems have been added, and some former problems have been revised to better crystalize their issues. As always, the problems aim for credibility through detail. In addition to the self-study questions and answers, most chapters now contain one or two short “Pop-up Questions” with answers a few pages later. The clarity of notes on secondary issues makes it possible to assign these with little need for class discussion, freeing time for the principal lessons. New to the Thirteenth Edition: New cases and materials on: the formation of the attorney-client relationship he elements of competency, including cultural competency; privilege and confidentiality and their exceptions; allocation of authority between lawyer and client; discipline for inflating bills; screening to prevent imputation of lateral lawyer conflicts; the interplay between Rules 1.7(a)(2) and 1.8(a); prosecutorial misconduct; a lawyer’s responsibility for real evidence, such as weapons; Rule 8.4(g); the Supreme Court’s decision in 303 Creative; client identity in the corporate context (U.S. v. Elizabeth Holmes); discipline for lying to the public (Rudolph Giuliani and Jenna Ellis); litigation funding; “Pop-up Questions” (and answers) in most chapters. Benefits for instructors and students: high-profile author—Professor Gillers is a highly visible and recognized national authority on professional responsibility; comprehensive coverage—includes the full range of professional responsibility issues; excellent case selection; manageable length; well-balanced mix of cases, secondary sources, and timely materials—often drawn from recent headlines, and which supports its comprehensive coverage of professional responsibility issues; realistic, helpful, and abundant problems—many based on actual events, and which facilitate class discussion and enable students to understand the rules and regulations that will govern their professional behavior; detailed and challenging notes—providing in-depth treatment of the issues; accessible and engaging style—characterized by variety, clarity, and humor; discussion beyond the rules and from different perspectives—to recognize that the law is not necessarily self-evident and covers many subtleties.

  • Stay Ahead of the Pack: Your Comprehensive Guide to the Upper Level Curriculum by Robert Glicksman, David Gray, Andrew Lund, Eric Miller, Gregg Polsky, and W. Bradley Wendel

    Stay Ahead of the Pack: Your Comprehensive Guide to the Upper Level Curriculum

    Robert Glicksman, David Gray, Andrew Lund, Eric Miller, Gregg Polsky, and W. Bradley Wendel

    Built on the very successful model of Get a Running Start: Your Comprehensive Guide to the First Year Curriculum, this book offers a global overview of the core upper-level bar courses in a single volume. In accessible, short lessons, Stay Ahead of the Pack covers all the major concepts taught in each of the courses most commonly taken by second- and third-year law students: administrative law, business associations, criminal procedure, evidence, personal income tax, and professional responsibility. Each of the chapters is written by a specialist in the field who is a decorated teacher with years of experience in the classroom. In this volume, they have distilled that experience and expertise to produce the tool they wish they had when they were in law school: a clear, concise introduction to all the upper-level bar courses that form the core of the second- and third-year curriculum. Get a Running Start has proved to be a valuable tool for first-year law students, heralded as a “must read” that “covers everything,” “should be required reading for every incoming law student,” and is “of great help when reviewing and studying for exams.” Stay Ahead of the Pack provides the same competitive advantage for second- and third-year law students. By reading through the chapter for a course, students will get a complete overview early in the semester. As the semester goes forward, students can accelerate their learning and comprehension by reviewing individual lessons when preparing for class. As the semester comes to a close, the lessons in this book provide a framework for outlining and exam preparation. And after graduation, the materials in this book will be valuable for aspiring new lawyers as they study for the bar exam. Outside the classroom, Stay Ahead of the Pack offers a stimulating introduction to fundamental legal concepts that will engage citizens who want to know more about the law as a central feature of public life and legal issues commonly featured in the news and policy debates. Among the many features readers will find useful are: Up-to-date content. -An introductory chapter offering advice on how to structure a successful class preparation and study process. -Short lessons that provide readers with an introduction to the major concepts for a day or week of law school classes in 10-15 minutes. -Complete course coverage that will allow readers to get a global overview of a core curriculum bar course in the span of an afternoon. -Frequent use of examples and hypotheticals to illustrate major points in an accessible way. -Short “Takeaway” summaries at the end of each lesson that highlight the main points and provide a quick reference or refresher.

  • Estate and Gift Taxation by Brant J. Hellwig and Robert T. Danforth

    Estate and Gift Taxation

    Brant J. Hellwig and Robert T. Danforth

    Estate and Gift Taxation, now in its fourth edition, provides teaching materials for a course on the U.S. transfer tax system as it exists following enactment of the Tax Cuts and Jobs Act of 2017. In addition to incorporating pronounced changes to the prevailing levels of the unified credit over recent years, the fourth edition addresses the effect of pending legislative changes (such as the anti-clawback regulations under § 2010) resulting from the sunset of key provisions of the 2017 legislation scheduled to take effect in 2026. The fourth edition also includes coverage of recent regulatory and case law developments since publication of the third edition. The text opens with an overview of the federal transfer tax regime, one intended to introduce students to the basic structures of the estate tax, gift tax, and generation-skipping transfer (GST) tax. After this introduction, the text proceeds to examine the estate tax and gift tax bases primarily in a context-specific (e.g., life insurance, retained-interest transfers, marital transfers) manner, and the majority of the text is devoted to these topics. The text then transitions to a discussion of the GST tax base and allocation of the GST tax exemption, followed by a discussion of the special valuation rules under Chapter 14 (apart from § 2702, which is addressed earlier in the context of retained-interest transfers). The text closes with a chapter devoted to the application of the U.S. transfer tax regime in the international setting. The text differs considerably from the traditional casebook format. Critical passages of important cases or rulings generally are limited to excerpts in the overview, and edited opinions of seminal decisions appear on only a handful of occasions. Each chapter closes with a set of sophisticated, practice-oriented problems that require students to spot and resolve issues that would be encountered in an estate planning practice. The text is structured through 26 discrete chapters, and the chapter headings supply a reasonable course syllabus. While some of the longer or more complicated chapters may require two class sessions, most chapters are intended to be covered in a single class. Adopters of the text will have access to a Teacher's Manual that provides thorough answers to the practice-oriented problems included at the end of each chapter.

  • Understanding Estate and Gift Taxation by Brant J. Hellwig and Robert T. Danforth

    Understanding Estate and Gift Taxation

    Brant J. Hellwig and Robert T. Danforth

    Understanding Estate and Gift Taxation is designed primarily for use by law students taking a course on the United States transfer tax system, i.e., a course on the estate, gift, and generation-skipping transfer taxes. The book consists of 26 chapters, each addressing one of the basic topics typically covered in a course on the transfer tax system, including the computation of estate, gift, and generation-skipping transfer taxes; the gift tax annual exclusion; the estate and gift tax marital deductions; and the estate and gift tax implications of transfers with retained powers or interests. Because the Internal Revenue Code and Treasury Regulations are the primary source materials for the transfer tax system, the book includes numerous excerpts of those provisions. Each chapter also includes summaries of the leading cases and IRS rulings, plus examples of how this area of the law applies to common fact patterns. The new third edition is designed primarily for law students, but it is also intended to be useful to practitioners, including generalists who need a relatively brief summary of an estate and gift tax topic, beginning lawyers who intend to specialize in estate and gift taxation and estate planning, and experienced lawyers who wish to expand their practices into estate and gift taxation and estate planning. The book would also be useful to accountants who practice in these areas.

  • Münchener Kommentar zum Handelsgesetzbuch Band 6: Bankvertragsrecht Recht des Zahlungsverkehrs, Kapitalmarkt- und Wertpapiergeschäft, Ottawa Übereinkommen über Internationales Factoring by Carsten Herresthal, Ulrich Brink, Dorothee Einsele, Jens Ekkenga, Franco Ferrari, Timo Fest, Lutz Haertlein, Franz Hauser, Dimitrios Linardatos, Sebastian Omlor, Abbas Samhat, Axel Schlieter, Bernd Singhof, and Kai Zahrte

    Münchener Kommentar zum Handelsgesetzbuch Band 6: Bankvertragsrecht Recht des Zahlungsverkehrs, Kapitalmarkt- und Wertpapiergeschäft, Ottawa Übereinkommen über Internationales Factoring

    Carsten Herresthal, Ulrich Brink, Dorothee Einsele, Jens Ekkenga, Franco Ferrari, Timo Fest, Lutz Haertlein, Franz Hauser, Dimitrios Linardatos, Sebastian Omlor, Abbas Samhat, Axel Schlieter, Bernd Singhof, and Kai Zahrte

    Comments on the most important regulations of commercial transactions and also includes a separate commentary on the UN Convention on Contracts for the International Sale of Goods.

  • Law for Leviathan: Constitutional Law, International Law, and the State by Daryl J. Levinson

    Law for Leviathan: Constitutional Law, International Law, and the State

    Daryl J. Levinson

    For the past several centuries of Anglo-American legal thought, law has been paradigmatically understood as the product of the state. It is the state, operating through the legal and political institutions of its government, that imposes law on the people who are its subjects. Over the same centuries, however, the development of international law and constitutional law has made the state itself subject to law. These systems of law for states necessarily work differently. For one thing, law for states must do without a super-state or government standing above the state, capable of creating and enforcing law. For another, the state is a unique kind of legal subject, calling for different behavioral models, moral standards, and regulatory techniques than those developed for ordinary people. It is precisely these differences that have long marked international law as a curious, and in many eyes dubious, form of law. Constitutional law, in contrast, has seldom been subject to the same doubts, or fully understood as different in kind from legal systems run by and through the state. As a result, constitutionalists have lagged their internationalist counterparts in coming to grips with the common project of making the state the subject rather than the source of law. By assimilating constitutional and international law as parallel projects of imposing law upon the state, and by highlighting the peculiarities of the state as a subject of law, this book aspires to close that gap, and to bring focus to Law for Leviathan as a distinctive legal form.

  • Class Action and New Forms of Aggregate Litigation in the United States (Bocconi Conference Reports May 10, 2024) by Arthur R. Miller and Helen Hershkoff

    Class Action and New Forms of Aggregate Litigation in the United States (Bocconi Conference Reports May 10, 2024)

    Arthur R. Miller and Helen Hershkoff

    The Bocconi University’s Department of Legal Studies is proud to launch its Legal Studies Series with this debut volume, bringing together Arthur R. Miller and Helen Hershkoff, two esteemed U.S. professors of civil procedure with Bocconi professors Marta Cartabia and Cesare Cavallini for a public discussion of class actions and other new and emergent forms of aggregate litigation. Bocconi Rector Francesco Billari presided and emphasized the significance of the class action to the core mission of the Department of Legal Studies, namely, protection and expansion of justice. The far-ranging remarks focused on the origin and development of the class action, its utility in challenging racial and gendered inequalities, as well as market defects, and the potential—and limits—of aggregate litigation to resolve some of the most critical issues of our times, touching on technological change, environmental degradation, economic inequality, and democratic decline. Readers will find this volume to be not only informative, but also inspiring in its passion for justice.

  • Litigating Equality by Cheryl Milne and Sophia Moreau

    Litigating Equality

    Cheryl Milne and Sophia Moreau

    Litigating Equality is a valuable resource for legal practitioners and scholars interested in current issues relating to equality rights litigation in Canada. A follow-up to a previous volume, Public Interest Litigation in Canada, this book builds on its themes and takes a deeper dive into equality rights advocacy. Over the past decade, a number of decisions of the Supreme Court of Canada have revised the way that section 15 of the Canadian Charter of Rights and Freedoms is applied to legislation and government action, leaving the jurisprudence shifting and uncertain. Litigating Equality delves into many of the resulting difficulties and offers strategies for litigators as well as carving out issues for future academic research. Contributors include leading scholars of equality and members of prominent advocacy groups for equality rights in Canada whose litigation efforts have helped to shape the concepts of substantive equality and discrimination.

  • The Trump Indictments: The Historic Charging Documents with Commentary by Melissa Murray and Andrew Weissmann

    The Trump Indictments: The Historic Charging Documents with Commentary

    Melissa Murray and Andrew Weissmann

    Collecting the four unprecedented indictments against Donald Trump, this essential volume features extensive commentary by NYU law professors and MSNBC contributors Melissa Murray and Andrew Weissmann. In the long span of American history, Donald Trump is the first former president to face criminal indictment. He is the subject of a series of explosive charges across four cases: the January 6 case brought by Special Counsel Jack Smith; the election interference case in Georgia; the classified documents case also brought by Special Counsel Jack Smith; and the “hush money” case in New York. The Trump Indictments includes: an introduction offering historical background and international comparisons for criminal charges against a former political leader; the four indictments with annotations throughout, including insider notes from an eminent scholar (Murray) and a former federal prosecutor (Weissmann); a cast of characters, from Trump and his alleged co-conspirators to notable Proud Boys and Oath Keepers who face prison sentences as a result of related January 6 cases; a timeline that brings together in one place the critical events that led to the four indictments. A necessary handbook for anyone following the trials in 2024, The Trump Indictments will endure as an indispensable record of a democracy at the crossroads.

  • The 'Insolvent Polluter Still Pays' Principle? by Netherlands Association for Comparative and International Insolvency Law (NVRII) / Netherlands Association for Comparative and International Insolvency Law (NACIIL), Jonathan Schytzer, Michael Ohlrogge, Aart Jonkers, Rolef de Weijs, Marc Noldus, and Daniella Strik

    The 'Insolvent Polluter Still Pays' Principle?

    Netherlands Association for Comparative and International Insolvency Law (NVRII) / Netherlands Association for Comparative and International Insolvency Law (NACIIL), Jonathan Schytzer, Michael Ohlrogge, Aart Jonkers, Rolef de Weijs, Marc Noldus, and Daniella Strik

    Understanding Environmental Claims in Dutch Insolvency Law How to deal with environmental claims in insolvency? Although the question as to the ranking of environmental claims has been one of the more controversial issues in Dutch insolvency law in recent years, there are many other and perhaps bigger questions: Could something like successor liability under Dutch law apply to environmental claims in case of pre-packs? Does it matter whether a claim is based on private law or public Law? Is it possible for companies to obtain discharge regarding environmental liabilities if they go through a restructuring proceeding? Environmental Liabilities in Restructuring Procedures Dutch restructuring law has been inspired by the US Chapter 11 (and the UK Scheme of Arrangement). US (case) law is moving away from allowing discharge under Chapter 11 of environmental liabilities. How can one balance the interests of the creditors with those of the environment, or is the environment just another creditor? These questions and a variety of answers are explored from a US, European, Swedish and Dutch perspective, highlighting various solutions and inspiring to move forward in this new field.

  • Cohen's Handbook of Federal Indian Law by Nell Jessup Newton, Kevin K. Washburn, Gregory Ablavsky, Bethany R. Berger, Maggie Blackhawk, Seth Davis, Dylan Hedden-Nicely, Monte Mills, Ezra Rosser, Joseph William Singer, and Michalyn Steele

    Cohen's Handbook of Federal Indian Law

    Nell Jessup Newton, Kevin K. Washburn, Gregory Ablavsky, Bethany R. Berger, Maggie Blackhawk, Seth Davis, Dylan Hedden-Nicely, Monte Mills, Ezra Rosser, Joseph William Singer, and Michalyn Steele

    Cohen's Handbook of Federal Indian Law is an encyclopedic treatise written by experts in the field, and provides general overviews to relevant information as well as in-depth study of specific areas within this complex area of federal law. This is an updated and revised edition of what has been referred to as the bible of federal Indian law. This publication focuses on the relationship between tribes, the states and the federal government within the context of civil and criminal jurisdiction, as well as areas of resource management and government structure.

  • Environmental Law and Policy by Richard L. Revesz, Michael A. Livermore, Caroline Cecot, and Jayni Foley Hein

    Environmental Law and Policy

    Richard L. Revesz, Michael A. Livermore, Caroline Cecot, and Jayni Foley Hein

    This casebook emphasizes environmental policy, as well as the structure and details of the federal environmental statutes. It focuses students’ attention on how tradeoffs between environmental goals and social goals are resolved in different and difficult contexts. The book pays close attention to the political context in which regulation takes place, looking at the impact of the federal government, interest groups, and administrative agencies in the regulatory process. It examines current efforts to address climate change and regulate greenhouse gases through existing statutory frameworks. The casebook includes substantial introductions and extensive notes and questions to guide classroom discussion. The book has been updated to reflect new developments in the law of natural resource management, water pollution, and climate change.

  • Revolution and Constitutionalism in Britain and the U.S.: Burke and Madison and Their Contemporary Legacies by David A.J. Richards

    Revolution and Constitutionalism in Britain and the U.S.: Burke and Madison and Their Contemporary Legacies

    David A.J. Richards

    In Revolution and Constitutionalism in Britain and the U.S.: Burke and Madison and Their Contemporary Legacies, David A. J. Richards offers an investigative comparison of two central figures in late eighteenth-century constitutionalism, Edmund Burke and James Madison, at a time when two great constitutional experiments were in play: the Constitution of the Glorious Revolution of 1688 and the U.S. Constitution of 1787. Richards assesses how much, as liberal Lockean constitutionalists, Burke and Madison shared and yet differed regarding violent revolution, offering three pathbreaking and original contributions about Burke’s importance. First, the book defends Burke as a central figure in the development and understanding of liberal constitutionalism; second, it explores the psychology that led to his liberal voice, including Burke’s own long-term loving relationship to another man; and third, it shows how Burke’s understanding of the political psychology of the violence of “political religions” is an enduring contribution to understanding fascist threats to political liberalism from the eighteenth-century onwards, including the contemporary constitutional crises in the U.S. and U.K. deriving from populist movements. Mixing thorough research with personal experiences, this book will be an invaluable resource to scholars of political science and theory, constitutional law, history, political psychology, and LGBTQ+ issues.

  • More Than Human Rights: An Ecology of Law, Thought and Narrative for Earthly Flourishing by César Rodríguez-Garavito

    More Than Human Rights: An Ecology of Law, Thought and Narrative for Earthly Flourishing

    César Rodríguez-Garavito

    This book includes contributions from leading lawyers, scientists, philosophers, and writers from around the world who participated in the inaugural gathering of the More-Than-Human Rights (MOTH) project. The volume discusses the philosophical, legal, and scientific foundations of the MOTH framework as well as its implications for ideas and practices in fields such as law, human rights, ecology, politics, and storytelling. Building on the invitation of Indigenous knowledge and ecological sciences to expand our sensorial and moral horizon and see ourselves again as part of Earth’s web of life, the provocation of this book is to locate rights in the more-than-human world. Among the questions guiding the book are: What theoretical and legal approaches can solidify the foundations of the rights of nature? How do findings from the natural sciences, Indigenous knowledge, and other fields shed new light on the idea of the rights of nature? What types of nonhuman entities should be protected? What types of rights should they be recognized as holding? What are the lessons from existing legislation, constitutional provisions, and lawsuits that embrace this notion? More broadly, how can we conceive of “human rights without human supremacism”?

  • Trial Manual 8 for the Defense of Criminal Cases by Anthony G. Amsterdam and Randy A. Hertz

    Trial Manual 8 for the Defense of Criminal Cases

    Anthony G. Amsterdam and Randy A. Hertz

    The Trial Manual 8 for the Defense of Criminal Cases is a guidebook for criminal defense lawyers at the trial level. It covers the information a defense attorney has to know, and the strategic factors s/he should consider, at each of the stages of the criminal trial process. It is organized for easy access by practitioners who need ideas and information quickly in order to jump-start their work at any given stage. The allocation of material among the four volumes of the book is intended to facilitate defense attorneys’ use of the book: Volume One (Chapters 1-16) provides an overview of criminal procedure and then focuses on the issues a defense attorney is likely to confront, and the steps s/he will need to take, at the early stages of a criminal case, including: the first steps to be taken to locate, contact and protect a client who has been arrested or summoned or who fears s/he is wanted for arrest; arguing for bail or other forms of pretrial release; conducting the initial client interview; developing a theory of the case; dealing with police and prosecutors; planning and overseeing the defense investigation; conducting the preliminary hearing; grand jury practice; handing arraignments; and plea bargaining. This volume also addresses the additional considerations that may arise when representing a client who is mentally ill or intellectually disabled. Volume Two (Chapters 17-27) begins with a checklist of matters for counsel to consider between arraignment and trial, and then focuses extensively on pretrial motions practice. In addition to discussing strategic and practical aspects of drafting motions and handling motions hearings and non-evidentiary motions arguments, this volume covers the substantive law and procedural aspects of each of the types of motions that defense attorneys commonly litigate in criminal cases: motions for discovery (along with a discussion of all other aspects of the discovery process); motions to dismiss the charging paper; motions for diversion or for transfer to juvenile court; motions for a change of venue or for disqualification of the judge; motions for severance or for consolidation of counts or defendants; and motions to suppress tangible evidence, to suppress statements of the defendant, and to suppress identification testimony. These chapters provide detailed information about federal constitutional doctrines and a large number of state constitutional rulings that confer heightened protections. Volume Three (Chapters 28-40) starts with the immediate run-up to trial: issues relating to the timing of pretrial and trial proceedings; interlocutory review of pretrial rulings; and the concrete steps that counsel will need to take to prepare for trial, including working with expert witnesses where appropriate. It then begins the book’s coverage of the trial stage, discussing the decision to elect or waive jury trial; jury selection procedures and challenges before and at trial; general characteristics of trials; opening statements; evidentiary issues and objections; techniques and tactics for handling prosecution and defense witnesses; and trial motions. Issues, procedures, and strategies unique to bench trials are discussed in tandem with the parallel aspects of jury-trial practice. Volume Four (Chapters 41-49) concludes the coverage of the trial by discussing the renewed motion for acquittal; closing arguments; requests for jury instructions; objections to the court’s instructions; and jury deliberations. This volume then discusses posttrial motions and sentencing and concludes with a short summary of appellate and postconviction procedures and a précis of the first steps to be taken in connection with them. The structure and presentation of material are designed to facilitate the conversion of text into defense motions and other types of briefing. Three of the documents in the text are available for direct downloading from the ALI website: section 2.5’s flow-chart of procedures in summary, misdemeanor, and felony cases; section 4.5’s questionnaire for obtaining information pertinent to bail from the client; and section 6.15’s checklist for interviewing the client. The bail questionnaire and the interview list are in Word format that can be edited and thus customized to an individual user’s practice and/or turned into a form for use in taking notes in real time during client interviews. The downloadable versions of these documents are available at www.ali.org/trial-manual. The conventions the book uses for gender pronouns are designed to be fully inclusive. As societal conventions for gender pronouns change, the book’s terminology is updated. ABOUT THE AUTHORS: Anthony G. Amsterdam is a University Professor and Professor of Law Emeritus at the N.Y.U. School of Law. He previously taught at the University of Pennsylvania and at Stanford. Throughout and following his fifty years of law teaching (which were preceded by a stint as an Assistant United States Attorney in the District of Columbia), he has engaged in extensive pro bono litigation in criminal, civil-rights, and civil-liberties cases. He has also served as counsel, as a consultant, or as a member of the board of directors or advisors for numerous public-defender and civil-rights organizations. Randy Hertz is the vice dean of N.Y.U. School of Law. He has been at the law school since 1985, and regularly teaches the Juvenile Defender Clinic, 1L Criminal Law, Criminal Procedure, and a simulation course titled Criminal Litigation. Before joining the N.Y.U. faculty, he worked at the Public Defender Service for the District of Columbia, in the juvenile, criminal, appellate and special litigation divisions.

  • Federal Income Taxation by Joseph Bankman, Daniel N. Shaviro, Kirk J. Stark, Edward D. Kleinbard, and Erin Adele Scharff

    Federal Income Taxation

    Joseph Bankman, Daniel N. Shaviro, Kirk J. Stark, Edward D. Kleinbard, and Erin Adele Scharff

    The 19th Edition of Federal Income Taxation (authored by Joe Bankman, Dan Shaviro, Kirk Stark, and Erin Scharff) is the updated 2023 version of the classic casebook for law school classes in federal income taxation originally authored by Boris Bittker of Yale Law School. ntegrating theory and policy in an accessible format, the sterling author team of Federal Income Taxation imbues its subject with historical, economic, policy, and international perspectives. Problems integrated throughout the text bridge the gap between theory and practice. Each edition of this renowned text builds on and adds to the strengths of its predecessors. New to the 19th Edition: updated to reflect recent legislative and regulatory developments in the tax field; new materials relating to race and the federal income tax; new discussion and reorganization of materials on Earned Income Tax Credit and Child Tax Credit, integrating with material on tax progressivity; new materials included, including recent Private Letter Ruling, on medical expenses deduction for costs relating to IVF procedures, gestational surrogacy; inclusion of classic Supreme Court case, Squire v. Capoeman (1956), relating to taxation of income of Native American taxpayers derived from activities on tribal land. Professors and students will benefit from: notes, problems, and graphs make challenging material accessible; the highest integration of economics and policy analysis; a terrific teacher's manual with teaching notes on every case and concept; great pedigree and authorship: Original authors Boris Bittker and William A. Klein were eminent authorities (with beautiful writing styles). Bankman, Shaviro, Stark, and Scharff are among today's leading tax scholars; even with all the new material, it is still one of the shortest books around making it easy to teach from. Teaching materials include: extensive and detailed Teacher's Manual with teaching notes on every case and concept.

 

Page 3 of 43

  • 1
  • 2
  • 3
  • 4
  • 5
  • 6
  • 7
 
 

Search

Advanced Search

  • Notify me via email or RSS

Browse

  • Collections
  • Authors
  • Author FAQ

NYU Law

  • NYU Law Library
  • NYU Law
  • Faculty Profiles
  • Contact Us
New York University
 
Elsevier - Digital Commons

Home | About | My Account | Accessibility Statement

Privacy Copyright