Faculty Books & Edited Works

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  The Values of Campaign Finance Reform

  Burt Neuborne

  Debate over “campaign finance reform” is complicated by a tendency to use this term as a metaphor for an array of underlying values. Without careful identification of these values, discussion of campaign finance reform risks drifting into a series of emotional exchanges among people who are really talking about different things. Moreover, since the values are occasionally in conflict, decisions about whether to seek to reform the campaign finance system, and what the reformed system should look like, require a careful catalogue of the values at stake, and a recognition that different versions of campaign reform advance, and retard, particular values. Finally, attention to underlying values is particularly important in the campaign finance area because of the all-too-human tendency to support or oppose campaign reform on the basis of its projected impact on next year’s election. Only careful attention to values can free us from approaching the area from the narrow prism of short-term political interest.

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  Foundations of Environmental Law and Policy

  Richard L. Revesz

  This volume in the Interdisciplinary Readers in Law Series brings together 40 readings from lawyers, economists, environmentalists, and legal scholars, to help introduce readers to the major theoretical approaches in the field of environmental law and policy. The selections have been extensively edited to facilitate accessibility, and each chapter has an introduction highlighting the most important contributions of the readings. The chapters end with an extensive set of notes and questions, designed both to provide a deeper understanding of the readings, as well as to introduce and critique a broader set of perspectives.

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  Law and the American Health Care System

  Rand E. Rosenblatt, Sylvia A. Law, and Sara Rosenbaum

  Law & the American Health Care System provides a sophisticated, teachable introduction to health care organization, financing, & quality in the U.S. today, focusing on the evolving legal framework in which health care is practiced & delivered. Its main strength is its consistent focus on the interaction of market forces, government health policy & legal developments, & its attention to conceptual frameworks for understanding. Initial chapters cover the major areas of contemporary health law: access to care; financing & organization of care; quality of care. Later chapters explore these areas in three particular contexts: long-term care; HIV; reproductive health services.

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  Do Deficit$ Matter?

  Daniel N. Shaviro

  Do deficits matter? Yes and no, says Daniel Shaviro in this political and economic study. Yes, because fiscal policy affects generational distribution, national saving, and the level of government spending. And no, because the deficit is an inaccurate measure with little economic content. This book provides an invaluable guide for anyone wanting to know exactly what is at stake for Americans in this ongoing debate.

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  Niche Insurance Companies

  Richard B. Stewart, Richard S.L. Roddis, and Barbara D. Stewart

  This report is about niche companies in the personal property-casualty insurance market. The report introduces the niche idea and sets our case histories of several niche companies. Then the report draws conclusions about how and why such companies come into existence, about how they work and about how they affect the rest of the market. A niche insurance company is created to help people in the niche. Often it is a self-help effort by the people themselves. But this report focuses on the broader impact of such companies—on what they do to and for the market in general. For niche companies lead the whole market to evolve and to renew itself. They are agents of change. They do it by breaking through the uniformity and rigidity that usually prevail in insurance markets. Their breakthrough forces change upon the others. What prompts our analysis is a growing tendency of federal and state governments to address some current insurance issues by requiring uniformity that has, in the past, created the need for niche insurance companies. The Niche Solution to Market Neglect The forces of uniformity insurance have always been strong, for valid business and regulatory reasons. Those forces have also tended to make the insurance market rigid and resistant to change. It has often happened that the uniform and unchanging market left out some people who wanted in. They were not able to get insurance at all, or not on terms they considered fair. Sometimes those people devised a solution. If followed a recognizable, recurring pattern. Niche companies have appeared throughout the history of insurance in America. Among their customers were the members of auto clubs and farm bureaus, military officers, government employees, teachers, older people, wealthy people, non-drinkers and Japanese Americans. Their stories have a common thread. Niche companies were created when the established sellers of insurance would not or could not respond to the needs of a particular group of insurance buyers. Every niche company began as a practical solution to a real problem of customer neglect. Many were self-help efforts. While neglect got them started, two other qualities kept them going. The report calls those qualities identity and access. Identity was traceable to some characteristic the people in the niche had in common, often one that set them somewhat appear. The common characteristic made them recognizable as a distinct group. The characteristic was always something about them other than their need for insurance. It could be an occupation or a hobby or club membership or nationality or religion. Identity fostered loyalty between the niche company and its customers, loyalty running both ways. Loyalty on the part of the company meant sustained focus on the niche. Focus led to expertise in underwriting, marketing and loss control. Loyalty on the part of customers meant they stuck with the company. Such stability lowers costs. When working well, these qualities reinforced each other in a virtuous circle. A big item of expense and difficulty for any insurance company is distribution or access to the customer. Natural and easy access to niche members led to efficient distribution of insurance by the niche company. In the history of nearly every niche company, the founder was already connected with the neglected group. Doors were opened, and sometimes the group formally endorsed or sponsored the new insurance company. In one way or another, the close relationship between the company and its customers simplified distribution and lowered costs. The Niche Company as Agent of Change When market uniformity and rigidity leave an unmet need and a niche company fills it at a profit, sooner or later that fact becomes known. Other companies, including the established ones whose neglect of the niche created the market opening, then want the niche clientele and start competing for it. Insurance is a business with no meaningful patent, copyright or other special protection from competitive pursuit and emulation. Any innovation in the insurance marketplace can find the fruits of its creativity, effort and risk-taking appropriated by larger, better capitalized competitors. It may seem unfair, but in the real world of the insurance business, that is the way competition works. But sometimes the niche innovator develops cost and service advantages that are too great for established providers to match. The unmatched advantages protect the innovator’s niche position and give it a secure base from which to expand into the general market. At that point, the established companies find themselves on the defensive on their own turf. They have to improve their own operations just to hold onto the business they have. In that way, the niche company breaks through uniformity and market rigidity, and it does more than simply survive as an exception. It makes the whole market take notice and adapt. It is a catalyst for change. That is due to the niche company characteristic of efficient access to customers. Efficient access means lower costs of distribution and of overhead in general. Lower costs mean lower prices. Challenged by that kind of competition, the established companies have a choice: get their own costs down or lose business. Niche company formation is an essential step in the competitive process of creative destruction by which the insurance market evolves. Niche companies are not the only forces for change in insurance, but in the history of the personal lines of property-casualty insurance, they have been the most important one. Today, over half of personal lines is written by companies with niche origins. Public Policy and Niche Insurance Companies The uniformity and rigidity addressed by niche insurance companies grew out of practical business and regulatory concerns. For most of the history of the insurance business, uniformity and rigidity were based on agreements among competing insurance companies. The agreements covered premiums, policy forms, agent compensation and underwriting criteria. Their purpose was to prevent insolvency. Until the end of the Second World War, such agreements were lawful in insurance, and they covered nearly all of the market. Even after explicit agreements became illegal, many of the old practices and attitudes lingered, both in the business and in its regulation. Starting after the Second World War, the state regulators of insurance prodded by anti-trust minded federal officials, loosened their support for uniform pricing and underwriting in the cartel style. Price competition began to look like a good idea. With growing regulatory tolerance and even encouragement, more efficient sellers of personal insurance took over larger shares of the market. By the late 1960s and early 1970s, most state insurance commissioners and most of the industry had come to favor competition and the abolition of the kinds of rate regulation that restrained competition. It was a complete turnaround on the issue of competition versus uniformity for both the business and its regulators. With the emphasis on competition, companies sought out neglected market segments and other pockets of profit. Very few niche insurance companies came into being because the pre-conditions—chiefly neglect—did not exist. The swing from government support for uniformity to government support for competition was a momentous change for insurance regulation. It was a full swing of the pendulum between two competing basic principles of insurance—rating everybody the same and rating each risk according to its propensity to cause loss. It was also a full pendulum swing between two competing principles for government’s role with respect to any regulated business—prescribing how the business is to be run and encouraging the market to work it out. In both the general government-business dimension and in the specific regulation-insurance dimension, such swings in public policy cannot be expected to go on forever in one direction. None of the ideals involved is valid at all times and to the total exclusion of its opposite. The postwar movement toward competition in insurance indeed did not go on forever. It ended in the late 1970s, when people saw that competition did not solve all their problems with insurance rates—particularly the problems of regressiveness in auto liability insurance rates and of premium inflation generally. Since then, while industry sentiment has continued to favor competition, government attitudes have swung somewhat away from competition, at least enough to make the enforcement of uniformity of pricing and underwriting once more a possibility. Government-enforced uniformity is offered with increasing frequency today as a remedy for various insurance ills, be they company insolvencies or rising premium rates or the desire for subsidization of one market segment by another. The pendulum of public policy has not moves as far against competition as it might, but unmistakably it has moved.

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  Human Rights Law

  Philip G. Alston

  This Major Reference series brings together a wide range of key international articles in law and legal theory. Many of these essays are not readily accessible, and their presentation in these volumes will provide a vital new resource for both research and teaching. Each volume is edited by leading international authorities who explain the significance and context of articles in an informative and complete introduction.

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  The Dictionary of Global Culture

  Kwame Anthony Appiah, Henry Louis Gates Jr., and Michael Colin Vazquez

  As the world’s axes of population, power, and commerce shift from North to South and from West to East, the old Eurocentric model of culture is giving way to a new global paradigm. This dictionary, which has been compiled by two of our most esteemed scholars, is the first work of its kind to devote equal emphasis to the cultural contributions of the non-Western world alongside those of Europe and North America. Prepared by regional experts from five continents (including both scholars from other cultures and Western scholars of other cultures), the book’s more than 1,200 entries include: Chinua Achebe, Aeschylus, Bo Diddley, Denis Diderot, Martha Graham, The Great Leap Forward, Igbo, Inanna, Jainism, Henry James, John Milton, Yukio Mishima, Ramayana, Raphael, François Toussaint L’Ouverture, Trail of Tears, Zionism, Zydeco. Vast in scope and lucidly written, The Dictionary of Global Culture is an indispensable reference for students, businesspeople, or anyone seeking a foothold in the civilization of the next millennium.

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  Color Conscious: The Political Morality of Race

  Kwame Anthony Appiah and Amy Gutmann

  In America today, the problem of achieving racial justice--whether through "color-blind" policies or through affirmative action--provokes more noisy name-calling than fruitful deliberation. In Color Conscious, K. Anthony Appiah and Amy Gutmann, two eminent moral and political philosophers, seek to clear the ground for a discussion of the place of race in politics and in our moral lives. Provocative and insightful, their essays tackle different aspects of the question of racial justice; together they provide a compelling response to our nation's most vexing problem. Appiah begins by establishing the problematic nature of the idea of race. He draws on the scholarly consensus that "race" has no legitimate biological basis, exploring the history of its invention as a social category and showing how the concept has been used to explain differences among groups of people by mistakenly attributing various "essences" to them. Appiah argues that, while people of color may still need to gather together, in the face of racism, under the banner of race, they need also to balance carefully the calls of race against the many other dimensions of individual identity; and he suggests, finally, what this might mean for our political life. Gutmann examines alternative political responses to racial injustice. She argues that American politics cannot be fair to all citizens by being color blind because American society is not color blind. Fairness, not color blindness, is a fundamental principle of justice. Whether policies should be color-conscious, class conscious, or both in particular situations, depends on an open-minded assessment of their fairness. Exploring timely issues of university admissions, corporate hiring, and political representation, Gutmann develops a moral perspective that supports a commitment to constitutional democracy. Appiah and Gutmann write candidly and carefully, presenting many-faceted interpretations of a host of controversial issues. Rather than supplying simple answers to complex questions, they offer to citizens of every color principled starting points for the ongoing national discussions about race.

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  Swiss Company Law: Translation of the Official Text of the Portions of the Swiss Civil Code and Code of Obligations Relating to Companies and Other Business Associations

  Bruno Becchio, Urs Weninger, Alfred S. Farha, and Stanley Siegel

  This second edition follows the success of its predecessor, which was well received and respected by practitioners, academics and business people of Swiss and non-Swiss origin. It covers the changes in the company law provisions of the Swiss Code of Obligations originally adopted in 1881. The authors have reviewed and updated the entire book, including the relevant general provisions of the civil code and incorporating the 1985 revisions to the law regarding Stiftungen (foundations). A departure from the first edition is the overall emphasis on American (U.S.) legal terminology, although in a few instances reference to English (U.K.) parlance is maintained for comparative purposes. The revision of the Aktienrecht (Share Law), which represents the portions of the Code relating to the most common Swiss corporate organizational form, the Aktiengesellschaft (commonly abbreviated as AG or SA), became effective in 1992. It is primarily this event that prompted the revision of this book. The relevant sections of the Code (Arts. 620 to 763) have been fully re-translated, incorporating the revisions, together with selected relevant new provisions from other related laws. The revised translation of the statutory provisions is accompanied by an in-depth translation addressing current issues, including, besides the substance of the revision of the code, comparative aspects of both the laws of the European Union and the United States, including accounting rules. Also revised are the charts and tables, including the `synoptic tables' which have proved to be of particular value to practitioners.

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  Civil Litigation in New York

  Oscar G. Chase and Robert A. Barker

  The wide acceptance of the second edition has been a source of satisfaction to each of us. We are pleased to have played a role in introducing many law students to the intricacies of civil litigation rules in New York State. We continue to believe that New York’s litigation system is worthy of careful study, even by students who have already completed a basic civil procedure course. They will find much in this volume that goes beyond the basic principles to which the first-year course has exposed them, as well as an introduction to the many points at which New York departs from the Federal Rules of Civil Procedure. A third edition is necessary because of the many changes in practice that have occurred during the six years that have passed since the completion of the second edition. We have done our utmost to insure a reliable incorporation of them into the current volume. We invite all users of this volume—students as well as professors—to alert us to any errors or suggestions for improvement. . . . Civil litigation in New York is complex and demanding. It calls on such advocacy skills as oral argument, brief writing and cross-examination, but even more does it demand familiarity with the “law” of litigation. The purpose of this book is to help you learn that law in the context in which an advocate must apply it. We hope that you will not only become familiar with the rules of New York practice but that you will develop a sense of how they can be creatively applied. To that end we have included in each chapter litigation problems which are designed to help you put the law into a practical perspective. The problems are based on realistic situations (sometimes on actual cases) and therefore raise the sorts of difficult issues which can arise in the course of any action. Usually, you will find that we have presented the problem prior to the material which bears on it. This will hopefully make the material less abstract and more involving. Many of the problems do not have a single answer which is correct in an absolute sense. As with most legal issues there are various possible solutions, each with its own supporting arguments. Please approach them in that spirit. In keeping with its purposes, the book is organized roughly along the path litigation normally takes, starting with the rules governing the choice of forum. Since there is no route which all lawsuits must follow, and since there are some rules of litigation (e.g., those governing motion practice) which are relevant to several stages of a lawsuit, you should not take the linear organization we have adopted as exemplifying all lawsuits or as an approach you would always follow in practice. Use it, rather, to gain and keep a general sense of litigation as a process with a beginning, middle and clearly defined goal. The variety of paths litigation can take brings us to another point about the study of it. The flexibility of modern civil procedure, including that of New York, allows and therefore requires the lawyer to make frequent tactical choices. Should one make a particular motion? Obtain a provisional remedy? Seek discovery? If so, what kind? How should the pleading be drafted? It is our view that an effective advocate knows what the ethical choices are in every situation and dose his or her best to pick the alternative which will maximize the client’s chances of success. Thus, as you read the cases and problems which follow, we urge you to think about and evaluate the choices that the litigants made. The management of litigation system in pursuit of success is not the only challenge to the student or attorney. Equally fulfilling, if not more so, is participation in the ongoing effort to reform and improve the system. This book goes to press during a period of widespread criticism of civil litigation as a method of resolve disputes. How the system can and should be changed in response to its critics is therefore a particularly timely issue now; there is no doubt that the search for improvement will continue during the professional lifetime of today’s student. Thus, these materials frequently encourage you to step back from the process and ask “How can we make this better?”

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  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.

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  Intellectual Property: Trademark, Copyright, and Patent Law: Cases and Materials

  Rochelle C. Dreyfuss and Roberta Rosenthal Kwall

  This casebook applies the principles of intellectual property protection to fact patterns arising in a variety of industries, including music, art, computers, biotechnology, and industrial design. The text takes a comparative approach to intellectual property that emphasizes the commonalities and differences in the theories underlying the regimes of trademark, copyright, and patent law. State law is integrated into the discussion, comparing laws and raising issues of pre-emption as they naturally occur in cases. A comprehensive teacher's manual provides answers to the problems, discusses each case in detail, and includes background materials, hypotheticals, and suggested readings.

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  Competition Policy and the Transformation of Central Europe

  John Fingleton, Eleanor M. Fox, Damien Neven, and Paul Seabright

  This book examines the implementation of competition policy during the 1990s in Hungary, Poland and the Czech and Slovak Republics. It looks at the economic predicament of countries in transition, considering how far this has required the state actively to regulate the competitive process. It considers the extent to which initial economic and political conditions have constrained the involvement of the state in such activity. It then analyses the statutes of the countries and the structure of the institutions established to implement competition policy. A comprehensive discussion of the case law and the experience of policy in practice is used to suggest lessons for the task of competition policy, both in these countries and in others undergoing the transitions from central planning. This book will be valuable not just for those interested in competition policy, but for all students of the political economy of transition.

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  Regulation of Lawyers: Statutes and Regulations

  Stephen Gillers and Roy D. Simon Jr.

  Prior edition of Regulation of Lawyers: Statutes and Regulations.

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  Payment Systems and Credit Instruments

  Clayton P. Gillette, Alan Schwartz, and Robert E. Scott

  Gillette, Schwartz and Scott's casebook provides detailed information on payment systems and credit instruments. The casebook provides the tools for fast, easy, on-point research. Part of the University Casebook Series®, it includes selected cases designed to illustrate the development of a body of law on a particular subject. Text and explanatory materials designed for law study accompany the cases.

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  The Rights of Families: The Authoritative ACLU Guide to the Rights of Family Members Today

  Martin Guggenheim

  In this new ACLU handbook, the authors use a simple question-and-answer format to clearly and concisely explain the legal rights of members of today's rapidly changing families. Family law over the last quarter of a century has undergone a revolution. Stepparents, adoptive parents, foster parents, single parents, grandparents, and gay parents have come forward to challenge the traditional definition of a family based on blood ties alone. Once taboo, divorce has shed its social stigma, leading to new laws regarding the division of property and alimony among divorced people. And increased national attention has been focused on abuse and neglect of children in their homes. This book is designed to help readers understand where the law now stands. Part 1 looks at the human and financial consequences of a married couple's divorce or the separation of unmarried partners, describing the law in such areas as child custody, visitation, child support, property division, and alimony. Part 2 looks at the law that applies when the state intervenes either temporarily or permanently to protect children from harm by their parents. Part 3 looks at how families are formed, especially families that differ from the traditional nuclear family: adoptive, gay and lesbian, and single-parent families as well as families headed by a grandparent. Few areas of law have changed more rapidly than family law. This is the best guide available for up-to-date information and advice.

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  Labor Law: Cases, Materials, and Problems

  Michael C. Harper and Samuel Estreicher

  New authors Michael Harper and Samuel Estreicher tackle the tough questions central to a modern course in Labor Law in this extensive revision of Bernard Meltzer and Stanley Henderson's long respected casebook- LABOR LAW: Cases, Materials, and Problems. Retaining a rigorous analytical focus on the arguments lawyers make before the NLRB, In courts, and in Congress, The Fourth Edition will challenge your students with questions such as Why have unions in private firms declined from 35 percent of American workers in the 1950s to less than 12 percent today? New features include: pervasive integration of law and policy greater emphasis on issues of labor law reform new chapters on labor economics and labor theory new narratives, notes, and questions throughout a better balance between regulatory and deregulatory, and labor, management, and individual worker perspectives to help your students better Understand The material, The new co-authors pay particual attention To The accessibility of this new edition through: streamlined editing of cases enhanced textual explanations of economics and comparative law materials captions for all note material explanations of note cases frequent references to theoretical and empirical debates in the academic literature carefull treatment of the evolution of labor law doctrine.

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  International Human Rights in Context: Law, Politics, Morals: Text and Materials

  Henry J. Steiner and Philip G. Alston

  International Human Rights in Context presents diverse materials consisting of extensive authors' text an dquestions; sharply edited primary materials ranging from intergovernmental or NGO reports to treaties, resolutions and decisions; and excerpts from secondary readings in law and legal theory, as well as other pertinent fields such as international relations, moral and political theory, and anthropology. The book introduces students to those organizing concepts and topics of public international law that are vital to understanding human rights issues. It stresses throughout the relationships among human rights norms, processes and institutions, as well as relationships between international and internal orders. The topics include civil and political rights, economic and social rights, intergovernmental and non-governmental institutions, universal and regional regimes, human rights and foreign policy, democratization, women's rights, self determination and autonomy regimes, individual criminal responsibility, and development. The book's broad themes include universalism and cultural relativism, rights or duties as organizing conceptions, the relevance of the private-public distinction, and transformed conceptions of statehood and sovereignty.

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  Legal Issues Presented by a Pilot International Greenhouse Gas Trading System: (Among Countries with Binding Emissions Targets under the FCCC)

  Richard B. Stewart, Jonathan B. Wiener, and Philippe Sands

  This report examines the legal issues arising from the possibility of establishing a pilot international trading system for greenhouse gas (GHG) emissions among a number of States. States have expressed interest in the possibility of establishing such a system for a variety of reasons. Initial experience with emissions trading systems indicates that such systems can be highly effective in meeting environmental targets at much lower cost than traditional types of regulation provided, as with any system of regulation, that monitoring and enforcement are adequate. Emissions trading systems can also increase transparency because they give sources, sequestration projects and governments a strong incentive to use publicly understandable, standardized methodologies for monitoring and reporting. Furthermore, emissions trading systems provide incentives for the transfer of technology and financial and other resources to projects, sectors and locations which offer the opportunity to reduce net GHG at lowest cost, and for the development of new technologies that reduce net GHG emissions. We recognize, however, that trading systems of the type described in this report would be innovative in international agreements and present novel institutional and administrative issues. The pilot trading system discussed in this report would include trading of energy sector CO₂ emissions, and might also include emissions of HCFCs, HFCs, PFCs and SF₆, all of which are relatively easy to monitor and verify. It would be desirable to include forest-sector CO₂ emissions and sinks, fossil-fuel methane (CH₄) and the tropospheric ozone precursor NOₓ, provided that appropriate assurances of monitory and verification were obtained. Eventually, as monitoring methods improve, the system could be extended to include other GHG emissions, expressed in CO₂ equivalents. The pilot trading system could be designed for an initial 15-20 year period. The report addresses a pilot system among a Group of States which are Members of an international agreement (Agreement). As a pilot programme, the trading system might begin with a relatively small but diverse group of States. Starting with a relatively small number of participants during the negotiation and early implementation of the Agreement will facilitate a successful learning process. Such a system might take one of the two basic forms. Under an Allowance Trading System, the Agreement would establish an overall group net emissions cap, and allocation of net emissions allowances among the Members, and institutional arrangements for trading allowances, monitoring net emissions and imposing sanctions for non-compliance. Under an Emissions Budget System, Members would commit themselves to limiting cumulative emissions during each of several successive multi-year budget periods. A Member’s reductions of emissions below the amount budgeted for a given budget period would generate savings that could be reserved for future use or traded. By way of introduction, it is important to stress two fundamental working assumptions underlying the report. The first assumption is that any international system for trading emissions between two or more States and their sub-national entities would be governed by international law, rather than by the national laws of any particular State. It is most unlikely that a State could accept that its rights or obligations under such arrangements could be governed by the national laws of another State. The second assumption is that any pilot international trading system would be established in accordance with and in the context of the 1992 United Nations Framework Convention on Climate Change (FCCC). The idea that separate arrangements might be adopted may theoretically exist, but Parties to the FCCC are not likely to establish an independent and potentially competing system that would risk undermining the FCCC. Building on these two assumptions, one way of initiating a pilot emissions trading system might be for those FCCC Parties which have committed themselves to quantitative GHG emissions limitations and are interested in participating in such a system to conclude an international Agreement on the system’s structure and operation, in accordance with and in the context of the FCCC. In any event, such an Agreement could not, of course, affect existing obligations under the FCCC. The ‘learning by doing’ experience under a pilot trading system might provide the basis for enlarging the system through the participation of additional Members, as discussed below, and eventual participation of most or all Parties to the FCCC. The precise path by which such a pilot international trading system might evolve into a more permanent and comprehensive system is a matter beyond the scope of this report. It is also possible that certain industries might agree to an industry-wide emissions limitation and trading system independent of, or linked to, the Group trading system analysed in this report. This report discusses the principal legal, institutional, and organizational issues presented and options available for implementing a pilot international GHG trading system. It does not seek to reach firm conclusions as to how to proceed, a matter lying beyond the scope of this report. The remainder of this report is organized as follows Part II outlines the basic element of possible pilot trading systems and the organizational structure needed to establish and support them. Part III explains how the trading systems discussed in this report differ from existing approaches to joint implementation (JI) and activities implemented jointly (AIJ). Part IV analyzes in greater detail a number of key design, organizations, and legal issues that must be resolved in order to implement the trading systems successfully.

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  Is NAFTA Constitutional?

  Bruce Ackerman and David Golove

  By a vote of 61 to 38, the Senate joined the House in declaring that “Congress approves…the North American Free Trade Agreement.” The vote was virtually unnoticed, since the real battle over NAFTA was in the House. But there is a puzzle here. The President, the Framers assure us, “shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur.” Whatever happened to the Treaty Clause? Bruce Ackerman and David Golove tell the story of the Treaty Clause’s being displaced in the twentieth century by a modern procedure in which the House of Representatives joins the Senate in the process of consideration, but simple majorities in both Houses suffice to commit the nation. This is called the Congressional–Executive Agreement, and is a response to a sea change in public opinion during and after World War II. This agreement substituted for a failed constitutional amendment that would have required all treaties to be approved by majorities in both Houses rather than by two-thirds of the Senate. The modern Congressional–Executive Agreement was self-consciously developed in order to make formal constitutional amendment unnecessary. So, is NAFTA constitutional?

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  Yugoslavia, the Former and Future: Reflections by Scholars from the Region

  Payam Akhavan and Robert L. Howse

  This book contains a unique collection of essays written by scholars from the former Yugoslavia, exploring the events that led to the devastating disintegration of their homeland. The scholars, who are from the different ethnic groups now in conflict, provide insightful, multicultural perspectives on the crisis. The essays lead readers to reconsider the assumptions behind the predominant western views of the post-cold war order and the place of ethnic conflict and ethnic nationalism in that order. Most of the authors point to the causes of the federal breakup and the war that are specific to the social, political, and economic situation of Yugoslavia as it evolved since Tito. The existence of these causes, largely ignored in western analysis of the crisis, questions the view that conflicting or overlapping claims of different ethnic groups must result in nationalism and national conflict. The variety of viewpoints—by scholars from Bosnia-Herzegovina, Croatia, Serbia, and Slovenia—provides a much-needed dialogue about the combination of forces, events, and personalities that led to the crisis and offers the opportunity to look ahead to a brighter future for the region. This book is essential reading for everyone who wants a better understanding of what caused the breakup of Yugoslavia, as well as the more general problems of nationalism and post-cold war international struggles. The contributors are Vojin Dimitrijevic, University of Belgrade; Dusan Janjic, University of Belgrade; Dusan Necak, University of Ljubljana; Albina Necak Luk, University of Ljubljana; Zoran Pajic, University of Sarajevo; Zarko Puhovski, University of Zagreb; Milorad Pupovac, University of Zagreb; and Dragomir Vojnic, University of Zagreb. Payam Akhavan is a legal adviser at the International Criminal Tribunal for the Former Yugoslavia in the Hague and was formerly a human rights investigator with the United Nations in the former Yugoslavia. Robert Howse, assist.

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  Treaty-Making and Australia: Globalisation versus Sovereignty?

  Philip G. Alston and Madelaine Chiam

  This book deals with issues such as: the nature and consequences of the globalisation process the resulting threat to Australia's sovereignty the impact of treaty-making on industry, the environment and the respect for human rights the role of Parliament and the States in the process and the response of other countries to these challenges.

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  Another Death in Venice

  Kwame Anthony Appiah

  The eminent barrister and amateur sleuth Sir Patrick Scott and his novelist wife Virginia return by the Orient Express to the scene of their honeymoon, Venice, the most visited city in the world. Their host is an old Etonian Italian American, Bernadetto di Montebello, whose family palazzo on the Grand Canal is the fashionable venue for the cultural and social élite of the ancient city. Effortless hospitality, delicious meals and carousing of such sophistication as only the very rich achieve - these delights are rudely curtailed when and Australian the Scotts have just met on the Orient Express is found floating in a canal. And the death soon overshadows the dinner parties at the home of Peggy Aschenheim, New York heiress and art-collector, and the quaffing of champagne at the fabulous Hotel Danieli, where Peggy tries to persuade Philip Bouncer, a Texan worth about half a billion dollars, to donate his art collection to the Metropolitan Museum in her native city. The Scotts are joined by a Chilean painter, whom Peggy has collected along with his work, and the dowager Lady Hawksworth, a famous beauty, whose husband has left an even larger fortune than Philip Bouncers'; and they come across a full complement of Venetians, from the magistrate investigating the murder - the charming and cosmopolitan Signor Montenari - to some of the seedier characters hanging about in the Piazza San Marco. The theft of legal papers from Sir Patrick's bedroom at the palazzo and the sudden fatal collapse of Philip Bouncer pitch Sir Patrick into his habitual role of 'professional amateur' private eye and into a final dramatic confronation with a line-up of sinister but distinguished suspects. Anthony Appiah, the author of two previous Sir Patrick Scott investigations, matches his Venetian scene with the elegance of his subtle storytelling in this exceptional novel of murder and retribution among the international haut monde.

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  Identities

  Kwame Anthony Appiah and Henry Louis Gates Jr.

  The study of identity crosses all disciplinary borders to address such issues as the multiple interactions of race, class, and gender in feminist, lesbian, and gay studies, postcolonialism and globalization, and the interrelation of nationalism and ethnicity in ethnic and area studies. Identities will help disrupt the cliché-ridden discourse of identity by exploring the formation of identities and problem of subjectivity. Leading scholars in literary criticism, anthropology, sociology, and philosophy explore such topics as “Gypsies” in the Western imagination, the mobilization of the West in Chinese television, the lesbian identity and the woman’s gaze in fashion photography, and the regulation of black women’s bodies in early 20th-century urban areas. This collection of twenty articles brings together the special issue of Critical Inquiry entitled “Identities” (Summer 1992), two other previously published essays, and five previously published critical responses and rejoinders, all of which is interrogated in two new essays by Michael Gorra and Judith Butler. Contributors include Elizabeth Abel, Kwame Anthony Appiah, Akeel Bilgrami, Daniel Boyarin, Jonathan Boyarin, Judith Butler, Hazel V. Carby, Xiaomei Chen, Diana Fuss, Henry Louis Gates, Jr., Avery Gordon, Michael Gorra, Cheryl Herr, Saree S. Makdisi, Walter Benn Michaels, Christopher Newfield, Gananath Obeyesekere, Molly Anne Rothenberg, Gayatri Chakravorty Spivak, Sara Suleri, Katie Trumpener, and Joseph Valente.

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  Indigenous Peoples of Asia

  R. H. Barnes, Andrew Gray, and Benedict Kingsbury

  The core of this collection is formed by papers first given in the Colloquium on Indigenous Peoples of Asia at St. Anthony’s College, Oxford, on 25 November 1989, and in the Asian Studies Centre Seminar on Indigenous Peoples of Asia held at St. Anthony’s College in Hilary Term, 1990. Authors were invited to extensively revise and update their papers, while other articles were commissioned. There followed the long process of editing and conferring with authors. In the best of circumstances it would be impossible to put together a completely representative book about the indigenous peoples of Asia given the uncertainties about who is or is not an indigenous person. In some cases we have regrettably been unable to identify anyone willing or able to contribute for a given region. In others, promised chapters never materialized. For this reason we have been unable to include planned chapters on Thailand and on the Nagas of the India-Burma border. We have been sensitive to the problem of appearing to speak for, that is to say, in place of, indigenous peoples. Although we have not completely overcome this problem, we never had any such intention, and this book is less guilty of doing so than it would have been had we not made an effort to avoid this pitfall. Some chapters give extensive attention to the statements made by indigenous persons and movements. One example of such a statement by the Alliance of Taiwanese Aborigines, I Chiang, Lava Kau, is reproduced as chapter 18. As the authors in this volume are of diverse backgrounds and hold differing views, the book has not main editorial line. It also makes no claim to providing definitive statement about a movement that, by virtue of being relatively new, has much of its history ahead of it. The present situation is very fluid, and it can be anticipated that the future will harbor many surprises.