Faculty Books & Edited Works

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  Civil Procedure in a Nutshell

  Mary Kay Kane, Arthur R. Miller, and Adam N. Steinman

  Rules of civil procedure govern everything that happens outside of criminal proceedings. This Nutshell provides a road map to navigating civil procedure rules and helps build a foundation for understanding the overall picture. Topics discussed include: jurisdiction, venue, and other court-selection issues; pleading, discovery, summary judgment, and other pretrial matters; adjudication, judgments, and appeals; multi-party/multi-claim proceedings, including class actions and multidistrict litigation; plus standing, the Erie doctrine, arbitration, and other important procedural issues. The new edition covers all the subjects dealt with in today's civil procedure courses, whether four or five or six hours in length.

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  Cases on Reproductive Rights and Justice

  Melissa Murray and Kristin Luker

  The first casebook on the subject marks the contours of the field, including recent changes and developments, and provides a comprehensive understanding of the law and legal discourse relating to state regulation of sex, bodies, families, and reproduction. This compilation of rich historical and contemporary primary and secondary materials, accompanied by rigorous legal analysis, considers the economic, political, legal, and social factors that influence procreation and parenting. It is attentive to questions of race, ethnicity, socio-economic status, sexual orientation, and ability. Given that reproductive rights are implicated by different bodies of law, the casebook and teacher’s manual will serve as guides to help balance expertise in one particular area of the law and enable well-rounded engagement with various issues. The second edition has been updated to reflect changes in constitutional law and their implications for access to a range of reproductive technologies. Updated caselaw related to abortion rights and other changes in constitutional law: Dobbs v. Jackson Women’s Health Organization; NIFLA v. Becerra; June Medical Services v. Russo; Whole Woman’s Health v. Hellerstedt; Obergefell v. Hodges.

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  Routledge Handbook of Illiberalism

  András Sajó, Renáta Uitz, and Stephen Holmes

  The Routledge Handbook of IIliberalism is the first authoritative reference work dedicated to illiberalism as a complex social, political, cultural, legal, and mental phenomenon. Although illiberalism is most often discussed in political and constitutional terms, its study cannot be limited to such narrow frames. This Handbook comprises sixty individual chapters authored by an internationally recognized group of experts who present perspectives and viewpoints from a wide range of academic disciplines. Chapters are devoted to different facets of illiberalism, including the history of the idea and its competitors, its implications for the economy, society, government and the international order, and its contemporary iterations in representative countries and regions. The Routledge Handbook of IIliberalism will form an important component of any library's holding; it will be of benefit as an academic reference, as well as being an indispensable resource for practitioners, among them journalists, policy makers and analysts, who wish to gain an informed understanding of this complex phenomenon.

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  Bonfires of the American Dream in American Rhetoric, Literature and Film

  Daniel N. Shaviro

  How could American social solidarity have so collapsed that we cannot even cooperate in fighting a pandemic? One problem lies in how our values mutate and intersect in an era of runaway high-end inequality and evaporating upward mobility. Under such conditions, tensions rise between our egalitarian and democratic traditions on the one hand, and what we often call the “American Dream” of self-advancement and due reward on the other. In our current Second Gilded Age, as in the first one from the late nineteenth century, the results of economic competition appear to suggest, falsely, that some of us are “winners” who deserve everything they have, while others are contemptible “losers.” The rich ostensibly owe the poor nothing – not even compassion or respect, and certainly not material aid through government. In Bonfires of the American Dream, Daniel Shaviro develops these themes through close studies, in social context, of such classic novels and films as Atlas Shrugged, The Great Gatsby, It’s a Wonderful Life, and The Wolf of Wall Street. He thereby helps to provide a better understanding of what, apart from racism, has in recent years caused things to go so wrong culturally in America.

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  Civil Procedure: Theory and Practice

  Linda J. Silberman, Allan R. Stein, Tobias Barrington Wolff, Tobias Barrington Wolff, and Aaron D. Simowitz

  Using the Socratic method, Civil Procedure: Theory and Practice helps students develop strategic, critical thinking, with introductory text, examples, and hypotheticals that equip them for the challenges of practice. Sophisticated yet straightforward, the text strikes an important balance, providing clear exposition while requiring work to achieve deeper insights. An opening chapter gives an overview of the entire process, using real pleadings and discovery materials in the landmark N.Y. Times v. Sullivan case. The innovative “Anatomy of a Litigation” case study chapter systematically leads students from pleadings to verdict, using leading cases to deepen the connection between the classroom and the courtroom. Civil Procedure: Theory and Practice covers the full range of topics, including in-depth treatment of personal and subject-matter jurisdiction, joinder, preclusion, and alternative dispute resolution. Accessible background material for each major case facilitates analysis, and extensive notes and questions frame deep, conceptual issues. With the Sixth Edition, we welcome Professor Aaron D. Simowitz of Willamette University College of Law as a co-author and full partner on the casebook. Professor Simowitz is a procedure scholar with particular expertise in personal jurisdiction and the enforcement of judgments in both domestic and transnational settings. Treatment of personal jurisdiction in Chapter 2 has been updated to reflect the Court’s decisions in Ford Motor Company v. Montana Eighth Judicial District Court and Bristol Myers Squibb v. Superior Court of California. Chapter 5 has been refined in modest ways to make it easier for teachers either to use or not use the case study materials contained therein. Chapters 7 offers a new section on defense preclusion shaped around the Supreme Court’s recent decision in Lucky Brand Dungarees v. Marcel Fashions. Chapter 8 expands its discussion of class action doctrine to include recent developments in the implied requirement of ascertainability under Federal Rule 23 and the statute of limitations tolling doctrine of American Pipe & Construction Co. v. Utah. Chapter 10 offers a revised and expanded treatment of the Court’s jurisprudence under the Federal Arbitration Act. Professors and students will benefit from: Socratic method encourages thought, with introductory text, examples, and hypotheticals; and provides students with a starting point to develop strategic and critical thinking skills; sophisticated yet straightforward, clear exposition—requiring work to achieve deeper insights; comprehensive coverage includes full range of Civil Procedure topics; opening overview of entire civil litigation process; traditional, comprehensive doctrinal coverage integrated with contextual, strategic lawyering perspectives; flexible organization—supports a 3-unit 1-semester class to a 5- or 6-unit class; can be taught over a semester or a year; clear overview of civil litigation process—illuminates connection between classroom and courtroom and helps frame deep, conceptual issues; straightforward overview of the litigation process; excellent case selection, including both bedrock and high-interest cases; carefully edited to provide students a range of analytical experiences and to serve as teaching tools; real pleadings and discovery materials introduce basic elements of civil litigation; innovative and fact-intensive “Anatomy of a Litigation” case study allows students to apply lessons learned; students systematically move through the process from pleadings to verdict; extensive notes and questions help facilitate analysis; in-depth treatment of personal and subject-matter jurisdiction, joinder, preclusion, and alternative dispute resolution.

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  Progressive Prosecution: Race and Reform in Criminal Justice

  Kim A. Taylor-Thompson and Anthony C. Thompson

  Provides compelling and manageable solutions for how to reform the criminal justice system from the inside out. A racial reckoning in the US criminal justice system was long overdue well before the highly publicized murders of George Floyd, Breonna Taylor, and many others in 2020. Progressive Prosecution argues that prosecutors, having helped build our failed system of mass incarceration, must now lead the charge to dismantle it. With contributions from practicing district attorneys as well as leading scholars in the fields of law and criminal justice, Taylor-Thompson and Thompson’s volume offers an unapologetically ambitious vision for reform. The contributors draw from empirical evidence and years of combined research experience to argue that change must happen at the local level, with prosecutors choosing to adopt race-conscious approaches. These prosecutors must do the hard work themselves, actively focusing on the ways that race misshapes perceptions of criminality, influences discretionary calls, affects how we select juries, and induces a reliance on punitive responses. Progressive Prosecution acts as both a call to action and a practical guide, instructing prosecutors on what they need to do to bring about lasting and meaningful change. Progressive Prosecution is an urgent work of scholarship, a must-read for anyone committed to racial equity and meaningful criminal justice reform.

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  Progressive Prosecution: Race and Reform in Criminal Justice

  Anthony C. Thompson and Kim A. Taylor-Thomspon

  Provides compelling and manageable solutions for how to reform the criminal justice system from the inside out. A racial reckoning in the US criminal justice system was long overdue well before the highly publicized murders of George Floyd, Breonna Taylor, and many others in 2020. Progressive Prosecution argues that prosecutors, having helped build our failed system of mass incarceration, must now lead the charge to dismantle it. With contributions from practicing district attorneys as well as leading scholars in the fields of law and criminal justice, Taylor-Thompson and Thompson’s volume offers an unapologetically ambitious vision for reform. The contributors draw from empirical evidence and years of combined research experience to argue that change must happen at the local level, with prosecutors choosing to adopt race-conscious approaches. These prosecutors must do the hard work themselves, actively focusing on the ways that race misshapes perceptions of criminality, influences discretionary calls, affects how we select juries, and induces a reliance on punitive responses. Progressive Prosecution acts as both a call to action and a practical guide, instructing prosecutors on what they need to do to bring about lasting and meaningful change. Progressive Prosecution is an urgent work of scholarship, a must-read for anyone committed to racial equity and meaningful criminal justice reform.

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  Federal Tax Practice and Procedure: Cases, Materials, and Problems

  Camilla E. Watson, Brookes D. Billman, and Jennifer L. Chapman

  This casebook provides a comprehensive examination of federal tax practice and procedure, and as a teaching tool, allows flexible design for JD and LLM courses and seminars on federal tax practice and procedure, tax litigation, criminal tax practice and procedure, and tax ethics. This new edition incorporates important recent legislative, judicial, and regulatory developments affecting federal tax practice and procedure.

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  Antitrust Analysis: Problems, Text, and Cases

  Phillip Areeda, Louis Kaplow, Aaron Edlin, and C. Scott Hemphill

  Distinguished authorship characterizes Antitrust Analysis: Problems, Text, and Cases, first written by Phil Areeda, the leading antitrust commentator of the 20th century. The text continues to be revised by three of the leading lawyer economists of the early 21st century. This traditional casebook is also known for its pedagogy (cases, explanatory text, and problems) and insightful text that conveys essential background information along with necessary economic principles. Recognizing that the most important development in antitrust doctrine over the past fifty years is the increasingly central role of economic analysis, the authors take great care to convey economic learning to students in plain language with a minimum of technical apparatus, resulting in a powerful volume adopted by experienced instructors and first-time teachers alike. Helpful appendices include Selected Statutes, such as the Sherman Act, the Clayton Act, and the Federal Trade Commission Act. New to the Eighth Edition: the addition of C. Scott Hemphill as a co-author, adding to the already distinguished author team. Since the last edition, antitrust enforcers and courts have struggled to grapple with the rising importance of platforms in our increasingly digital economy. The new edition gives extensive attention to these developments, including: the Supreme Court’s decision in Ohio v. American Express; major enforcement actions against Apple, Facebook, and Google; new Vertical Merger Guidelines. Completely rewritten and streamlined introductory material in Chapter 1. Professors and student will benefit from: Distinguished authorship: Original author Areeda was the leading antitrust commentator of the 20th century; Kaplow, Edlin, and Hemphill are leading lawyer-economists of the early 21st century. Pedagogy: Traditional casebook with cases, explanatory text, and problems. Insightful textual explanations convey essential background information and necessary economic principles. Adopted by experienced instructors and first-time teachers alike. Appendix includes selected statutes and the Sherman Act, the Clayton Act, and the Federal Trade Commission Act. Teaching materials Include: Teacher’s Manual.

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  Trademark Law: An Open-Source Casebook

  Barton C. Beebe

  Prior edition of Trademark Law: An Open-Access Casebook - covers all aspects of American federal trademark law, including the creation, maintenance, and enforcement of trademark rights. The casebook also addresses right of publicity protection, false advertising law, and international aspects of trademark protection.

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  Race, Rights, And Redemption: The Derrick Bell Lectures on the Law and Critical Race Theory

  Janet Dewart Bell and Vincent M. Southerland

  Reprint Citation: Race, Rights, and Redemption: The Derrick Bell Lectures on the Law and Critical Race Theory (Janet Dewart Bell & Vincent M. Southerland eds., New Press 2021). When Derrick Bell, one of the originators of critical race theory, turned sixty-five, his wife founded a lecture series with leading scholars, including critical race theorists, many of them Bell’s former students. Now these lectures, given over the course of twenty-five years, are collected for the first time in a volume Library Journal calls “potent” and Kirkus Reviews, in a starred review, says “powerfully acknowledge[s] the persistence of structural racism.” “To what extent does equal protection protect?” asks Ian Haney López in a penetrating analysis of the gaps that remain in our civil rights legal codes. Sherrilyn Ifill, president and director-counsel of the NAACP Legal Defense Fund, describes the hypersegregation of our cities and the limits of the law’s ability to change deep-seated attitudes about race. Patricia J. Williams explores the legacy of slavery in the law’s current constructions of sanity. Anita Allen discusses competing privacy and accountability interests in the lives of African American celebrities. Chuck Lawrence interrogates the judicial backlash against affirmative action. And Michelle Alexander describes what caused her to break ranks with the civil rights community and take up the cause of those our legal system has labeled unworthy. Race, Rights, and Redemption (which was originally published in hardcover under the title Carving Out a Humanity) gathers some of our country’s brightest progressive legal stars in a volume that illuminates facets of the law that have continued to perpetuate racial inequality and to confound our nation at the start of a new millennium.

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  The Struggle for Human Rights: Essays in Honour of Philip Alston

  Nehal Bhuta, Florian Hoffmann, Sarah Knuckey, Frédéric Mégret, and Margaret L. Satterthwaite

  Bringing together leading scholars, practitioners, and critics of human rights from a variety of disciplines, this book of essays takes as its inspiration and provocation, the forty-year career of Professor Philip Alston as an international human rights advocate, scholar, teacher, and influential participant in the making of the contemporary human rights system. Alston has recently contended that the challenges facing human rights today require us to “urgently rethink many of [our] assumptions, re-evaluate [our] strategies, and broaden [our] outreach, while not giving up on the basic principles”. The essays in this volume all engage with this challenge, following the long arc of Alston’s career as a prism to evaluate and critically reflect upon some of the themes that have come to define international human rights practice and scholarship in the past decades. The collection examines foundational debates at the heart of the evolution of the human rights project, contemporary efforts to shape and renew the human rights agenda, and critique and reform of human rights institutions; and reflects on the place of human rights practice in contemporary struggles. The book’s multifaceted and eclectic approach to human rights—its practice and its theory—addresses some of the most urgent questions posed to human rights today.

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  The Law of Financial Institutions

  Richard Scott Carnell, Jonathan R. Macey, Geoffrey P. Miller, and Peter Conti-Brown

  The Law of Financial Institutions provides the foundation for a successful course on the law of traditional commercial banks. The book’s clear writing, careful editing, timely content, and concise explanations to provocative questions make a difficult field of law lively and interesting. New to the Seventh Edition: unified analysis of different types of financial institution under a common framework, using simple mock balance sheets as a way of vividly illustrating the similarities and differences and bringing out the features that lend stability or instability to the financial system; a new chapter dealing with the important topic of financial technology; extensive treatment of liquidity regulation, one of the most fundamental strategies for ensuring bank safety and soundness; a clear and coherent discussion of capital regulation and provides up-to-date explanations and simple examples of the complex issues surrounding capital adequacy applicable to banks today; a clear, coherent, and interesting account of the essential nature of the banking firm as a financial intermediary that acts as a payment service provider; text that addresses issues of compliance and risk management that have become central to the management of banking institutions in the years since the financial crisis. Professors and student will benefit from: important new contributions from Professor Peter Conti-Brown, a nationally renowned expert in banking policy and history; completely revised and updated to reflect important regulatory initiatives and trends; answers to all problem sets available to adopting professors; focuses on topics from economic, political, and doctrinal point of view; interesting and provocative questions with explanations; extensive use of nontraditional materials and professor-written discussions and explanations; excellent organization and careful editing.

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  The Evolution of EU Law

  Paul Craig and Gráinne de Búrca

  This last decade has been particularly turbulent for the EU. Beset by crises—the financial crisis, the rule of law crisis, the migration crisis, Brexit, and the pandemic—European Law has had to adapt and change in a way not previously seen. First published in 1999, the goal then was to reflect on the important developments that had been made since the creation of the EEC. That goal has not changed. From EU Administrative Law through to the Regulation of Network Industries, each chapter in this seminal work assess the legal and political forces that have shaped the evolution of EU law. With new chapters covering the Rule of Law, Judicial Reform, Brexit, Constitutional and Legal Theory, Refugee and Asylum law, and Data Governance, this third edition of The Evolution of EU Law is a must read for any student or academic of EU law. New to this Edition: includes brand new chapters examining the effect of Brexit, the Rule of Law crisis, the migration and the pandemic on EU law; thoroughly revised throughout by key legal specialists in EU law, to ensure the new edition is up-to-date.

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  The Logic of the Transfer Taxes: A Guide to the Federal Taxation of Wealth Transfers

  Laura E. Cunningham and Noël B. Cunningham

  The Logic of the Transfer Taxes: A Guide to the Federal Taxation of Wealth Transfers offers a broad survey of the federal transfer tax system. It thoroughly covers all of the fundamental rules of the gift, estate and generation skipping transfer taxes and provides numerous illustrative examples. It also offers a glimpse of some popular tax planning techniques, including FLPs, GRATS and IDGT’S, and the Special Valuation Rules of Chapter 14. It is appropriate for use as a coursebook for a two or three credit JD or LLM course, or as a reference for newcomers to the area. The Second Edition incorporates changes to the law made by the Tax Cuts and Jobs Act of 2017.

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  Strengthening Human Rights Protections in Geneva, Israel, the West Bank and Beyond

  Joseph E. David, Yaël Ronen, Yuval Shany, and Joseph H. H. Weiler

  This collection of essays is written by some of the world's leading experts in international human rights law, and corresponds to the main junctures in the professional life of Professor David Kretzmer, a leading human right academic and practitioner. The different essays focus on contemporary human rights protection challenges. They address conceptual problems such as differences between limits and restrictions, and application of human rights standards to businesses and international organisations; legal doctrinal responses to changing realities in the field of surveillance and identity politics; the weakness of monitoring institutions engaged in standard setting; and the practical difficulties in applying international human rights law to the Israeli-Palestinian conflict in a manner sensitive to gender dimensions and the particular political dynamics of the situation. Collectively, the essays offer a rich picture of the current potential shortcomings of international human rights law in addressing complex problems of law, politics and ethics.

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  Reframing Human Rights in a Turbulent Era

  Gráinne de Búrca

  In recent years, human rights have come under fire, with the rise of political illiberalism and the coming to power of populist authoritarian leaders in many parts of the world who contest and dismiss the idea of human rights. More surprisingly, scholars and public intellectuals, from both the progressive and the conservative side of the political spectrum, have also been deeply critical, dismissing human rights as flawed, inadequate, hegemonic, or overreaching. While acknowledging some of the shortcomings, this book presents an experimentalist account of international human rights law and practice and argues that the human rights movement remains a powerful and appealing one with widespread traction in many parts of the globe. Using three case studies to illuminate the importance and vibrancy of the movement around the world, the book argues that its potency and legitimacy rest on three main pillars: First, it is based on a deeply-rooted and widely appealing moral discourse that integrates the three universal values of human dignity, human welfare, and human freedom. Second, these values and their elaboration in international legal instruments have gained widespread - even if thin - agreement among states worldwide. Third, human rights law and practice is highly dynamic, with human rights being activated, shaped, and given meaning and impact through the on-going mobilization of affected individuals and groups, and through their iterative engagement with multiple domestic and international institutions and processes. The book offers an account of how the human rights movement has helped to promote human rights and positive social change, and argues that the challenges of the current era provide good reasons to reform, innovate, and strengthen that movement, rather than to abandon it or to herald its demise.

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  Land Use Controls: Cases and Materials

  Robert C. Ellickson, Vicki L. Been, Roderick M. Hills, and Christopher Serkin

  Land Use Controls: Cases and Materials emphasizes an interdisciplinary approach that weaves historical, social, and economic causes and effects of legal doctrine. The casebook also brings out the functional relationships between formally unrelated routes of law—statutes, ordinances, constitutional doctrines, and common law—by focusing on their practical deployment, developers, neighbors, planners, politicians, and their empirical effects on outcomes like neighborhood quality, housing supply, racial segregation, and tax burdens. A thematic framework illuminates the connections among multiple topics under land law and gives attention to the factual and political context of the cases and aftermath of decisions. Dynamic pedagogy features original introductory text, cases, notes, excerpts from law review articles, and visual aids (maps, charts, graphs) throughout. New to the Fifth Edition: a focus on affordability and the new conflicts over urban zoning; a fully updated treatment of local administrative law; recent constitutional rulings, including up-to-date Supreme Court decisions on exactions and regulatory takings; thoroughly updated notes, with recent cases, law review literature, and empirical studies. Professors and students will benefit from: distinguished authorship by respected scholars and professors with a range of expertise; an interdisciplinary approach combining historical, social, political, and economic perspectives and offering dynamic opportunities for analysis along with broad legal coverage; concise but comprehensive treatment of the legal issues in private and public regulation of land development, including environmental justice, building codes and subdivision regulations, and the federal role in urban development; a thematic framework illuminating connections among multiple discrete topics under land law and the factual and political context of cases and aftermath of decisions; excellent coverage and dynamic pedagogy.

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  Automation Anxiety: Why and How to Save Work

  Cynthia Estlund

  This book confronts the hotly debated prospect of mounting job losses from automation, and the divergent hopes and fears that prospect evokes, and proposes a strategy for mitigating the losses and spreading the gains from shrinking demand for human labor. Leading economists have concluded that automation is already exacerbating inequality by destroying more decent middle-skill jobs than it is creating. As ongoing innovations in artificial intelligence, machine learning, and robotics continue to chip away at the comparative advantages of human labor in a range of work tasks, those innovations are likely to yield growing job losses in the foreseeable future—or likely enough that we should reckon with this prospect. The book argues that we should set our collective sights on ensuring broad access to adequate incomes, more free time, and decent remunerative work even in a world with less of it. That will require not a single “magic bullet” solution like universal basic income or a federal job guarantee, but rather a multifaceted strategy centered on conserving, creating, and spreading work. The book elaborates that strategy in the US context, but much of it is broadly relevant to other advanced economies. And while the proposed strategy is designed to address a foreseeable future of job scarcity, it will also help to rebalance lives already plagued by either too much work or not enough and to counter both economic inequality and racial stratification. The proposed strategy makes sense here and now, and especially as we face up to a future of less work.

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  The Law of Employment

  Samuel Estreicher

  This textbook is a one-volume treatment of the basic analytical structure and legal policy issues informing U.S. employment law. The full range of the subject matter is examined with chapters on defining who are employees (as opposed to independent contractors); employment contracts; employment torts; workplace privacy; post-termination restraints and workplace intellectual property issues; employee benefits; wage-hour laws; occupational safety; workers’ compensation; and unemployment compensation. Introductory chapters are also included on the economic analysis of employment regulation, employment discrimination, union organization, and collective bargaining laws. The book is designed as a complement for all leading casebooks on employment law, in that it approaches the issues in a comprehensive manner that will enable the student to understand how these laws interact in particular cases. Unlike other employment law treatises, this book moves well beyond the descriptive to empower the student in tackling difficult analytical and policy issues in the field.

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  Forum Shopping Despite Unification of Law

  Franco Ferrari

  According to some commentators, forum shopping is an “evil” that must be eradicated. It has been suggested that the unification of substantive law through international conventions constitutes one way to achieve this outcome. This book shows that the drafting of uniform substantive law convention cannot prevent forum shopping. The reasons are classified into two main categories: convention-extrinsic and convention-intrinsic reasons. The former category comprises those reasons upon which uniform substantive law conventions do not have an impact at all. These reasons range from the costs of access to justice to the bias of potential adjudicators to the enforceability of judgments. The convention-intrinsic reasons, on the other hand, are reasons that relate to the nature and design of uniform substantive law conventions, and include their limited substantive and international spheres of application as well as their limited scope of application, the need to provide for reservations, etc. This book also focuses on another reason why forum shopping cannot be overcome: the impossibility of ensuring uniform applications and interpretations of the various uniform substantive law conventions.

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  International Commercial Arbitration: A Comparative Introduction

  Franco Ferrari, Friedrich Rosenfeld, and John Fellas

  This indispensable book offers a concise comparative introduction to international commercial arbitration (ICA). With reference to recent case law from leading jurisdictions and up-to-date rules revisions, International Commercial Arbitration offers a thorough overview of the issues raised in arbitration, from the time of drafting of the arbitration clause to the rendering of the arbitral award and the post-award stage.

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  Autonomous Versus Domestic Concepts under the New York Convention (2021)

  Franco Ferrari and Friedrich Jakob Rosenfeld

  The 1958 New York Convention is universally acclaimed as one of the most important instruments on international commercial arbitration. Although the Convention ensures that contracting States cannot justify failure to comply with their treaty obligations by reference to domestic law, the courts of different contracting States apply the Convention differently. This diverging case law arises from uncertainty as to whether certain concepts employed in the Convention must be construed autonomously or in light of domestic law. This incomparable analysis of the New York Convention as an instrument of uniform law presents insightful contributions by some of the world’s most distinguished academics and practitioners in the field of arbitration and is sure to significantly contribute to arbitral practice and jurisprudence in the Convention’s more than 160 contracting States. With extensive reference to case law from major arbitration hubs, the contributors examine the Convention with the aim of identifying the boundaries between autonomous and domestic concepts. Key elements covered include the following: the role of private international law under the Convention; notions of arbitrability and arbitral award; procedures for the enforcement of awards; nullity, invalidity, and conflict of laws under Articles II(3) and V(1)(a); the incapacity defence under Article V(1)(a); deviations from procedure; autonomous boundaries as to what falls under the issue of scope; and public policy under the Convention. The first and only resource of its kind, this book provides an invaluable clarification of the extent to which the Convention leaves room for the application of domestic law and, if so, how to determine which particular domestic law may be applicable. It will be welcomed by counsel, judges, arbitrators, and academics throughout the States that have signed the New York Convention.

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  Tort Law and Alternatives: Cases and Materials

  Marc A. Franklin, Robert L. Rabin, Michael D. Green, Mark A. Geistfeld, and Nora Freeman Engstrom

  This widely-adopted casebook covers all major aspects of tort law with expertly edited cases and original text. The principal focus of this book is the law of negligence, strict liability, and no-fault legislation as alternative approaches to compensating the victims of accidental harm and creating optimal incentives for safety. The chapter on intentional torts has been restructured to facilitate its use to start off the course for those instructors desiring to do so. The book also includes comprehensive chapters on products liability, damages and insurance, defamation, privacy, economic torts, and a revamped and updated chapter on alternatives to tort law, including the “tort reforms” of the past half century. Notes and questions following principal cases are designed to supplement students’ knowledge about the subject matter of the case and related areas as well as to encourage them to think critically about judicial opinions and tort policy. This Eleventh Edition reflects evolving developments in recent case law and legislative activity, as well as materials and commentary ranging from continuing tort issues arising from the Internet to important civil justice issues of the day. The Teacher’s Manual for the Eleventh Edition contains additional hypotheticals for use in class. We will provide adopters with PowerPoint slides that can be used in the classroom, keyed to specific coverage areas in the text. We will also make available short answer and multiple-choice quiz questions that instructors can use for weekly quizzes to enable student to reinforce what they learn in class.

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  Civil Procedure

  Jack H. Friedenthal, Mary Kay Kane, Arthur R. Miller, and Adam N. Steinman

  Gain insight into the laws governing all of the major steps in the civil litigation process, starting with jurisdiction, venue, and ascertaining the governing law, and moving through pleading, joinder, discovery, pretrial management and adjudication, trials, appeals, and the effect and enforcement of judgments. Class actions and other forms of complex, multiparty litigation, as well as Alternative Dispute Resolution (ADR), are also covered. This text addresses the major themes underlying the various rules and procedures, and it has continuing utility as a desk book in legal practice and as an entrée into deeper research.