Faculty Books & Edited Works

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  Edge of the Knife: Police Violence in the Americas

  Paul G. Chevigny

  In Edge of the Knife, noted authority Paul Chevigny draws on years of field research to investigate torture and the use of deadly force, in addition to less drastic forms of violence, in New York, Los Angeles, São Paolo, Buenos Aires, Mexico City, and Kingston. Chevigny, author of the classic Police Power, examines the sources of official violence and offers possibilities for controlling it. What emerges from his work is an image of police violence as a reflection of the larger order of a city, and a convincing argument for persistent government action against crime—including accountability for police violence.

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  EU Law: Text, Cases, and Materials

  Paul Craig and Gráinne de Búrca

  Prior edition of EU Law: Text, Cases, and Materials.

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  Cases and Materials on Torts

  Richard A. Epstein

  The renowned Richard A. Epstein continues to lead your students to a thorough understanding of the moral, economic, and historical underpinnings of tort law in this new, completely updated and streamlined edition of his very successful casebook CASES AND MATERIAL ON TORTS, Sixth Edition, features expanded coverage of toxic torts and joint and several liability revised coverage of product liability the addition of new principal cases, including Rinaldo v. McGovern, Knight v. Jewett, In re Amoco Cadiz, Pacific Mutual Life Insurance Co. v. Haslip, and White v. Samsung Electronics America Key organizational changes-including a chapter that combines joint, several, and vicarious liability, And The grouping of all the materials on intentional torts in Chapter One-enhance the book's teachability As in previous editions, Epstein makes the highly technical issues of modern tort law manageable. In addition to case materials, he incorporates selections from modern legal scholarship that comment on issues raised but not necessarily fully resolved by the cases. Numerous notes discuss ambiguities in the present law And The desirability of alternative legal rules. Your students will find this book-in its reorganized and revised form-particularly readable. Take a fresh look at CASES AND MATERIALS ON TORTS, Sixth Edition-and its excellent Teacher's Manual-for use in your next Torts course

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  Simple Rules for a Complex World

  Richard A. Epstein

  Too many laws, too many lawyers—that’s the necessary consequence of a complex society, or so conventional wisdom has it. Countless pundits insist that any call for legal simplification smacks of nostalgia, sentimentality, or naiveté. But the conventional view, the noted legal scholar Richard Epstein tells us, has it exactly backward. The richer texture of modern society allows for more individual freedom and choice. And it allows us to organize a comprehensive legal order capable of meeting the technological and social challenges of today on the basis of just six core principles. In this book, Epstein demonstrates how. The first four rules, which regulate human interactions in ordinary social life, concern the autonomy of the individual, property, contract, and tort. Taken together these rules establish and protect consistent entitlements over all resources, both human and natural. These rules are backstopped by two more rules that permit forced exchanges on payment of just compensation when private or public necessity so dictates. Epstein then uses these six building blocks to clarify many intractable problems in the modern legal landscape. His discussion of employment contracts explains the hidden virtues of contracts at will and exposes the crippling weaknesses of laws regarding collective bargaining, unjust dismissal, employer discrimination, and comparable worth. And his analysis shows how laws governing liability for products and professional services, corporate transactions, and environmental protection have generated unnecessary social strife and economic dislocation by violating these basic principles. Simple Rules for a Complex World offers a sophisticated agenda for comprehensive social reform that undoes much of the mischief of the modern regulatory state. At a time when most Americans have come to distrust and fear government at all levels, Epstein shows how a consistent application of economic and political theory allows us to steer a middle path between too much and too little.

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  The Sphere of Application of the Vienna Sales Convention

  Franco Ferrari

  As the UN Convention on Contracts For The International Sale of Goods (CISG) becomes the law governing contracts among major trading nations, The question of applicability is of vital importance. In this treatise, Professor Ferrari presents a concise explanation of the background and criteria For The rules dealing with the sphere of application of the Vienna Sales Convention. All scholars and practitioners involved in international contracts will appreciate the knowledge presented in this work.

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  Billing for Costs and Disbursements: What Law Firms Can Charge and Clients Can Expect

  Stephen Gillers

  Lawyers sell time. Or they sell results. Or they sell the completion of a specified task. However they bill their clients, all lawyers sell their knowledge of and experience in the law. Looked at abstractly, what lawyers sell they carry with them in their minds, then translate into a product composed mostly of words, written or spoken. Lawyers, however, do not practice abstractly. Practicing law requires lawyers to have an office from which to practice; to use the services of an array of others, both inside and outside their law firms; and to employ a constellation of equipment that, while changing over the years, both costs money (to own or rent or operate) and saves money by making the lawyer more efficient. Lawyers who charge their clients for the work they do—lawyers who are, in short, in business—will also, quite appropriately, seek to recapture the cost of being in business in addition to payment of their fees for legal services rendered. Make no mistake about it. Undoubtedly, they may do so, without apology or embarrassment. In fact, law firms had better do so, or they might not be in business very long. But how? In the last decade, we have witnessed much professional discussion and debate about how, fairly, a lawyer may recover the costs attendant on practicing law and serving a client. Does it matter what benefit the money has bought? Does it matter what the client has been told? Does it matter which clients are being charged? Does it matter how much a client is charged? This essay proposes answers to these and related questions. Looking at bar ethics opinions and court cases, the essay discusses different expenses a law firm might have and how it might fairly and properly seek payment for them. While I use the words “fairly” and “properly” conjunctively, in fact I believe that, ordinarily, a policy that is fair will also be proper. By “fair,” I mean several things. First, the firm’s policy should be fair both substantively and procedurally. A policy is fair procedurally if the client has due notice of it. The notice that is due depends on the details of the policy. Second, the policy should be substantively fair between the firm and the firm’s clients. That is, it should reach a reasonable reconciliation of their respective interests in appropriate reimbursement. Third, a policy should be fair as among all the clients of a single firm. None, for example, should unwittingly contribute to a substantial expense imposed solely by the needs of another client. I begin with discussion of an ABA ethics opinion and three local ethics opinions. I then move to discussion of caselaw. Finally, I discuss my own conclusions based on these authorities and a further authority. Before turning to these sources, however, I offer a brief summary. As will be explained in the following pages, three simple rules can usually guide law firms as they set about composing a system for recapturing monies they expend in rendering legal services to clients. This is true whether the expense is for technology or personnel or both, whether it is for a service provided in-house, by an outside source, or through a combination of the two. First, if the firm means only to bill the client for the very charges made by an outside provider (the court reporter, the expert witness, the printer), it need only alert the client to expect such charges and their basis. Similarly, if the firm is going to bill the client only for the direct costs of services provided in-house, or for those direct costs plus a reasonable sum (which can be expressed as a multiplier) to reflect a share of directly associated overhead, it should alert the client to the identity of the service that will be billed this way, perhaps with the additional statement that the service will be billed based on the firm’s direct cost and a reasonable allocation of directly associated overhead. Specification of the amount, rate, or method of billing makes good business sense. Second, if the firm will impose a surcharge on statements from outside providers, it should tell the client that it plans to do so and, because it also makes good business sense and because the client will likely inquire in any event, the firm should say why it is doing so. The client should agree to the charge. Similarly, if the firm plans to charge more for in-house services than the direct costs of providing the services and a share of directly associated overhead, I believe the firm will ordinarily satisfy its obligation if it specifies the rate for the charge and the client agrees. For example: “Facsimile transmissions will be billed at Y cents per page.” Third, whatever the firm charges, the reasons and basis for its computation should be plausible, not surprising. The charges should make sense in the market. Stated another way: If the charges and their basis are not what you can expect a sympathetic but prudent client to appreciate after explanation, don’t do it. Billing judgment is required for disbursements and expenses no less than for fees.

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  Regulation of Lawyers: Problems of Law and Ethics

  Stephen Gillers

  This book is about the rest of your professional life. It’s about the rules you have to know and live by. It’s about what can happen if you forget. The lessons in this book and the course for which it is assigned are unlike the lessons of other law school courses. While those courses help you serve the legal needs of your eventual clients, this one’s for you. Unless you work in the areas of legal malpractice or lawyer discipline, you, not your clients, will be the prime beneficiary of the rules you learn here. These rules can be discussed from at least three perspectives. At the precipice of your career, perhaps most important are rules that constrain your daily professional behavior. In such areas as competence, fees, advertising and solicitation, confidentiality, conflicts of interest, negotiation, and the attorney-client relationship, what may you do, how may you behave, with confidence that your conduct will not land you before a disciplinary committee, lead to civil lawsuit, invite court sanction, or damage your reputation? Even to ask this question should be sufficient to forewarn you that the “ethics” in legal ethics is not merely about being a morally good person. It is also about being a professionally safe lawyer. The second perspective of the book is the relationship between the profession and society. The rules that lawyers impose on themselves and that are imposed on them, taken together, help define the nature and work of the entire profession and therefore the behavior of our legal institutions and the quality of our social justice. For example, a rule that allows lawyers to advertise will influence the conduct of individual members of the bar. But it may also affect whether, and how, large categories of people use lawyers and the size of legal fees. Similarly, a rule that prohibits or requires a lawyer to reveal certain kinds of information about a client will control the lawyer’s own behavior, but it may also affect which client populations use lawyers and what information clients are willing to tell lawyers. In short, nearly every rule, whatever its source, has social and political consequences beyond any single representation or practice, although there is often fierce disagreement over what these consequences will be and whether they should be avoided or encouraged. About to go off into law practice, you may be more interested in such questions as “How do I behave?” and “How can I stay out of trouble?” than in asking, “What are the consequences to society and justice if one or another version of a particular ethical rule is applied to America’s 800,000 lawyers?” Still, the last question is important and, if not as immediate, will surely arise in the course of your professional life. Both kinds of questions, but more so the second, engender different, and sometimes vehement, responses. Why? In part because to answer them we must call upon political and moral values more fundamental than the “ethics” that inform various codes. And of course, the political and moral values of different people may differ fundamentally. Furthermore, in addressing these questions, we probably make a threshold determination, conscious or not, of the interests we mean to protect. Those of society generally? The legal profession’s? The interests of lawyers in practices like the one we have or expect to have? Those of the particular client population we serve? Our firm’s? Our own? Law school and law practice, it is sometimes said, encourage more rather than less self-interestedness in addressing the questions raised her. In transition as you are, your answers to many of them will likely vary from what they would have been before you entered law school and will likely be still different five years after you graduate. At the outset I wrote that rules governing the practice of law can be discussed from three perspectives. I have so far listed two. The third is the effect of lawyers’ work on the people who do the work, that is, the effect of role on self. For example, a rule that requires silence though it means that another will suffer great injustice will take its toll on those who must obey it. As men and women, we consider it laudable to speak up to prevent injustice to others. As lawyers, we may be forbidden to do so. How can we reconcile these two positions, not intellectually or theoretically but personally, within ourselves? A similar point can be made about the rule that requires lawyers diligently to pursue the lawful goals of their clients, even if these goals (or the legal strategies used to achieve them) work unfairness and offend the lawyer’s values. Or consider the oft-cited schism between the qualities of personality that law office culture tend to reward and the ones encouraged in personal and family life. Do you have to learn behavior in order to survive in professional environments that will make you downright unpleasant in social and familial ones—unless you also learn how to “leave it at the office”? One thinks of the common retort of a lawyer’s lay relatives: “Oh, stop talking like a lawyer!” Many topics in this book lend themselves to discussion of the effect of role on self. I hope you are able to address this issue in class. Certainly it is worthy of self-reflection throughout your career, starting now.

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  Regulation of Lawyers: Problems of Law and Ethics

  Stephen Gillers and Roy D. Simon Jr.

  Prior edition of Regulation of Lawyers: Problems of Law and Ethics.

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  Federal Income Taxation: Principles and Policies

  Michael J. Graetz and Deborah H. Schenk

  This whole book is but a draught—nay, but the draught of a draught. Oh, Time, Strength, Cash and Patience!—Herman Melville, Moby Dick, Ch.32. Even with more time, strength, cash, and patience, the Congress, the courts, and the Internal Revenue Service all collaborate to ensure that any book designed for teaching a basic course in Federal Income Taxation will never be more than a draft of a draft. Today, no area of law seems more susceptible to change than federal taxation. In the decade since the publication of the first edition of this text, Congress has enacted five major pieces of tax legislation, including the Tax Reform Act of 1986 and major tax revisions as part of deficit reduction legislation in 1990 and 1993. Each of these three Acts contained more pages of statutory amendment than the 1954 codification. Meanwhile, the courts have decided tens of thousands of tax cases, and the IRS has processed billions of income tax returns. And hardly a day passes without a new proposal for replacing the income tax wither with some form of consumption tax or a broader-based, flatter-rate income tax. Perhaps even more astonishing than the scope and rapidity of changes in the law, however, is the remarkable continuity of this edition with its ancestor edition, Griswold’s Cases on Federal Taxation. That book, initially published in 1940, was the first law school coursebook devoted exclusively to federal taxation. It appeared at a time when most of the operative statutory provisions were phrased in general terms and many of the basic concepts of federal taxation had not yet matured. Most law schools taught federal taxation only as part of a course that also covered state and local taxation. Nevertheless, this text retains the same overarching organization that Erwin Griswold first brought to the subject. The subsequent adoption of this structure by most income tax coursebooks is a great tribute to Griswold’s insights into how the subject of federal taxation should be taught. However, the mass of detail that has been added to the statute and the regulations and the burgeoning case law in the intervening 55 years has required a substantial rethinking of the purposes of an introductory course in federal taxation and, hence, of this coursebook. For one thing, these details have become so voluminous and the changes so frequent that the student must necessarily strive to understand basic concepts rather than to memorize particular rules. The practice of tax law has become more specialized, and most law schools offer a number of advanced course in taxation. The student in an introductory course therefore must attain some familiarity not only with the statute, the regulations, and the cases but also with the trends in the tax law, the prospects for change, and the fundamental policy issues that inform such changes. Successful tax lawyering inevitably will involve responding to new and unforeseeable rules and therefore will demand a basic conceptual understanding of income tax principles and policies. Likewise, the nonspecialist needs to be introduced to these fundamental concepts of income taxation, if only to be able intelligently to recognize and monitor his or her clients’ tax problems. The composition of this book has also been influenced by the increasing use of the tax law as an instrument of social and economic policy. The income tax is not merely a revenue-raising device to finance the goods and services provided by the government. The decisions as to what to tax, and when, increasingly affect the directions, growth, and overall condition of our economy and the allocation and distribution of resources within our society. For these reasons, this volume devotes substantial attention to the general principles and policies of federal taxation. Thus, cases have been supplemented with excerpts from congressional reports, administrative pronouncements, and commentaries and analyses of tax issues. In addition, there are explanatory notes introducing fundamental concepts of tax law and shorter notes following the principal cases. This edition nevertheless continues to reflect the central pedagogical perspective developed in Erwin Griswold’s original volume, the preface of which stated: “Here is an opportunity, almost unique * * *, to study a complete and self-contained system. Here is an opportunity to come into contact with perhaps our most experienced administrative agency. Here is an opportunity to deal with a statute, not as some excrescence on the common law, but as the law, to trace its growth, to learn how it is given meaning and how that meaning changes. Here is an opportunity to deal with authoritative judicial decisions—or at least, and perhaps more important, to consider how far they are authoritative * * * Here as elsewhere it is understanding and knowledge of the process that is sought.” These opportunities are no less present in this volume than they were in its predecessor some 55 years ago. This edition retains the basic chapter organization of its predecessors. The first chapter contains the basic policy and procedural aspects of income taxation. This chapter includes a brief history of taxation in the United States, an introduction to income tax terminology, and a discussion of the roles of Congress, the executive, and the courts. Subsequent chapters explore the topics “What Is Income?,” “Deductions and Credits,” “Whose Income is It?,” “Capital Gains and Losses,” and “When is It Income?”. Of course, tax problems rarely can be placed into such discrete categories. Hence, there is some overlap of subjects within the chapters. Chapter 7 provides a brief description of the individual minimum tax. Chapter 8 contains an introduction to corporate tax shelters as well as materials on the ethical responsibilities of tax lawyers, thereby providing an appropriate context for their analysis and discussion. The Appendix contains tables of present values. As every teacher of taxation knows, it has become increasingly difficult to teach an introduction to federal taxation in a single semester, even in a 60-hour course. Compromises between breadth of coverage and treating at least some materials in depth are ever more necessary. Most instructors have learned to maintain limited expectations as to what can reasonably be accomplished in the first course and to assume that students with genuine interest in taxation will take additional courses in the subject. This volume continues the layered approach of the prior editions. By selecting from the materials available here, teachers can decide which aspects of income tax law and policy to emphasize and which to skim or even omit in an introductory course. This volume contains enough materials to teach not only a 4-semester hour basic course in federal income taxation, but also an additional 3-hour course designed to pursue certain issues in greater detail than is possible in the basic course. This means that the instructor must exercise considerable selectivity in teaching any single course form this book. For example, the instructor might wish to emphasize Chapters 2 and 3, the first two sections of Chapter 4, the first three sections of Chapter 5, and a brief selection from Chapter 6. Another professor, who taught these materials in a two-semester course, skipped certain aspects of Chapters 2 and 3 and used only the introductory sections of Chapters 4 and 5 in the basic course, with the balance of materials used in the second course. Instructors who wish to cover more ground might consider relying on students to read some of the more straightforward materials without classroom discussion. Designing courses inherently involves personal priorities and choices. The precise materials assigned will depend upon the teacher’s individual choices of where to delve deeply into substantive law and policy issues as well as how to trade off in-depth discussions and general coverage. We have attempted here to provide sufficiently comprehensive, interesting, and flexible materials to allow teachers to make a wide variety of successful selections. Federal income taxation is, of course, primarily a statutory course. In addition to this text, the student will need a current edition of the Internal Revenue Code and as well as certain sections of the Income Tax Regulations. A number of publishers now produce one volume editions of selected statutory and regulatory provisions that may be used along with this text.

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  Passions and Constraint: On the Theory of Liberal Democracy

  Stephen Holmes

  In this collection of essays on the core values of liberalism, Stephen Holmes—noted for his scathing reviews of books by liberalism’s opponents—challenges commonly held assumptions about liberal theory. By placing it into its original historical context, Passions and Constraints presents an interconnected argument meant to fundamentally change the way we conceive of liberalism. According to Holmes, three elements of classical liberal theory are commonly used to attack contemporary liberalism as antagonistic to genuine democracy and the welfare state: constitutional constraints on majority rule, the identification of individual freedom with an absence of government involvement, and a strong emphasis on the principle of self-interest. Through insightful essays on Hobbes’s analysis of the English Civil War in Behemoth, Bodin’s writings on the benefits of limited government, and Mill’s views on science and politics, Holmes shows that these basic principles provide, to the contrary, a necessary foundation for the development of democratic, regulatory, and redistributionist politics in the modern era. Holmes argues that the aspirations of liberal democracy—including individual liberty, the equal dignity of citizens, and a tolerance for diversity—are best understood in relation to two central themes of classical liberal theory: the psychological motivations of individuals and the necessary constraint on individual passions provided by institutions. Paradoxically, Holmes argues that such institutional restraints serve to enable, rather than limit, effective democracy. In explorations of subjects ranging from self-interest to majoritarianism to “gag rules,” Holmes shows that limited government can be more powerful than unlimited government—indeed, that liberalism is one of the most effective philosophies of state building ever contrived. By restricting the arbitrary powers of government officials, Holmes states, a liberal constitution can increase the state’s capacity to focus on specific problems and mobilize collective resources for common purposes. Passions and Constraint is an assessment of what that tradition has meant and what it can mean today.

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  Criminal Law and Its Processes: Cases and Materials

  Sanford H. Kadish and Stephen J. Schulhofer

  We have tried in this edition to freshen the material in the previous edition while at the same time maintain close continuity with it. Thus we have left unaltered the basic organization, tone, and perspective of the book. We have replaced relatively few of the major cases, only doing so to improve teachability or to introduce new developments. Most of the changes have been in the notes and problems, in which we try to present the most interesting ideas in the non-case literature, in the presentation of new topics, and in the organization of some of the chapters. Why substantive criminal law? We conceive of a criminal law course as serving the ends of both general legal education and training in the criminal law in particular. There are, as we see it, three chief ways the course can contribute to the general legal education of the law student. One way is to provide a vehicle for the close reading of statutory texts—primarily the Model Penal Code, but also state statutory formulations—to help balance the emphasis on case law in the first-year curriculum. The second way is to introduce the student to the operation of a system of rules and principles designed to apportion blame and responsibility in accordance with our moral norms. While the criminal law is the primary institutions serving this function, fault and wrongdoing play a role in determining liability throughout the law. Hence some understanding of the analytical elements in assessing blame for a person’s conduct or for the conduct of another, and of the concepts of excuse and justification, is an important element in a lawyer’s legal education. The other way the criminal law course serves the purpose of general legal education is by enlarging insight into the potentialities and limitations of the law as an instrument of social control. We have in mind the hard problems encountered in using the law for this purpose: the difficulty of giving legal form to the compromises made necessary when goals conflict; the creation of institutional arrangements—judicial and administrative—appropriate to the goals sought; the limitations—moral and practical—on the use of the law as a means of social control; the relation of legal controls to other social processes. The substantive criminal law is an unusually suitable introduction to these pervasive problems of the law. The ends criminal law serves involve social and human values of the highest order. It means, entailing the imposition of brute force on the lives of individuals, are potentially the most destructive and abusive to be found within the legal system. The issues it raises and the setting in which it raises them are compelling and vivid. Its institutions are acutely controversial and often controverted. And one of its underlying themes is the momentous issue of the reconciliation of authority and the individual. As Professor Herbert Wechsler has written: “Whatever views one holds about the penal law, no one will question it importance in society. This is the law on which men place their ultimate reliance for protection against all the deepest injuries that human conduct can inflict on individuals and institutions. By the same token, penal law governs the strongest force that we permit official agencies to bring to bear on individuals. Its promise as an instruments of safety is matched only by its power to destroy. If penal law is weak or ineffective, basic human interests are in jeopardy. If it is harsh or arbitrary in its impact, it works a gross injustice on those caught within its toils. The law that carries such responsibilities should surely be as rational and just as law can be. Nowhere in the entire legal field is more at stake for the community or for the individual.” What of the course’s narrower purpose of training students in the criminal law in particular? Here there are two main pedagogic objectives. One is to furnish a solid foundation for those who will, in greater of lesser degree, participate directly in the processes of the criminal law. This foundation does not require mastery of the full range of technical skills and information held by the practicing criminal lawyer, judge or administrator, but rather the development of confidence in handling principles and rules—judge-made or statutory—through knowledge about the larger implications of doctrines and institutions of the criminal law. The second purpose is to create in law school graduates who will have little occasion to practice criminal law and understanding of the problems of the criminal law. As influential members of their communities—and more directly as judges, legislators, or teachers—lawyers versed in the principles of criminal law can bring an informed intelligence to the challenge of solving some of the most vexing problems of our times. Revisions for the six edition. In the procedural sections (Chapter 1), we have streamlined the materials but have retained those fundamentals of criminal trial procedure that we consider essential for understanding the issues in substantive criminal law (rules of evidence, burden of proof, presumptions, and the role of the jury). These topics can now be covered in several classes. We believe that a brief but intensive treatment of this material at the outset of the course adds immeasurably to the student’s appreciation of the concrete setting in which substantive law issues arise and the practical considerations that so often influence those debates. We have retained in Chapter 1 a substantial but more tightly edited sections dealing with the ethical responsibilities of the criminal defense attorney. The themes of this section are central to the study and practice of law, and we believe that students can profit from exposure to these themes early and often in their legal education. The growing complexity and importance of sentencing procedure and sentencing guidelines pose a dilemma for an introductory criminal law course. The subject is too important to be ignored but too complex to be covered comprehensively. We have sought to strike an appropriate balance by providing in Chapter 2 both a textual summary of current sentencing procedures and a principal case (United States v. Johnson) that can serve as a focal point for discussion in class. Though brief and tightly edited, the material is sufficient to illustrate for students the mechanics of how guidelines work, as well as the tough jurisprudential issues underlying them. In the substantive sections we have updated the cases, added Notes and Problems dealing with issues of current concern, and modestly reorganized several sections (most notably, those on conspiracy, complicity, causation, and insanity) to permit a more succinct treatment. Among the new principal cases are Staples v. United States (the latest mens rea decision of the Supreme Court), Harmelin v. Michigan (on cruel and unusual punishment), Commonwealth v. Berkowitz and In re M.T.S. (two significant recent rape cases), Cheek v. United States (the latest venture of the Supreme Court into the mistake of law issue), and State v. Korell (legal insanity). The major new topics introduced in the new edition include blackmail, suicide and euthanasia (the Cruzan case and the recent Michigan case involving Dr. Kevorkian), and the nature of prison punishment in America. As in previous editions, the substantive materials continue to focus on imparting an understanding of what is often called the “general part” of the criminal law—that is, those basic principles and doctrines that come into play across the range of specific offenses (for example, actus reus, mens rea, and the various justifications and excuses). We believe that mastery of the detailed elements of many particular crimes is not an appropriate goal for a basic criminal law course. Nevertheless, we have found that understanding of the basic principles is enhanced by testing their applications and interactions in the context of particular offenses. Accordingly, we examine in detail three offense categories: rape (Chapter 4), homicide (Chapter 5), and theft (Chapter 9). The chapter on rape provides an opportunity to focus on the definitional elements of a major crime in a context that has become the focus of acuter controversy because of changing perceptions and changing social values. The theme of the homicide chapter is the task of legislative grading of punishment in a particularly challenging area. The theft chapter explores the significance of history and the continued impact of old doctrinal categories on the resolution of thoroughly modern difficulties in defining the boundaries of the criminal law. Use of the materials in diverse teaching formats. Over the past decade, law schools have experimented with a variety of formats for the basic criminal law course. Although the year-long five- or six-hour course remains common, some schools offer criminal law as a four- or even three-hour course, and some schedule the course in the first or second semester or even in the second or third years. Under these circumstances, a short book designed to be taught straight through, without adjustments or deletions, is bound to prove unsatisfactory for many users. In preparing the sixth edition we have sought to edit the materials tightly enough to avoid significant surplusage for the average course, but we have not attempted to preempt all possible judgments about inclusion and exclusion. Rather, we thought it essential to preserve some freedom for teachers to select topics that accord with their own interests and with the curricular arrangements at their own schools. Thus, we have aspired to create a flexible teaching tool, one that reflects the rich diversity of the subject. For the five- or six-hour, year-long course, the book can be taught straight through, perhaps with some minor deletions. For a four-hour course, and especially in the case of a three-hour course, substantial omissions will be necessary. Many teachers will have their own preferences, of course. We present here our own thoughts, based on our experience in structuring the material for use in shorter courses, both in the first semester and in the second and third years. Chapter 1 (How Guilt is Established). Part A of this chapter (The structure of the Criminal Justice System) consists of textual material that lends itself either to class discussion or to reading outside of class. In a shorter course it should be assigned as background reading, and the first class can begin with a discussion of the material in Part B (The Process of Proof). In schools that require a criminal procedure course before the study of criminal law, Part B of Chapter 1 can be largely omitted. It may be appropriate, however, to take up Section B3 (Proof Beyond a Reasonable Doubt). For students taking criminal law in the first semester of their first year, Part B of chapter 1 provides basic grounding in process. The teacher who is unable to cover the entire Part can consider assigning Section B1 (overview), and Section B2 (evidence) and B3 (assigning the burden-of-proof materials but omitting the material on presumptions). We believe that this material, which can be covered in roughly two or three classes, provides a solid foundation for the subsequent study of substantive law. Teachers who skip Section B5 (role of counsel) at the beginning of the course may wish to return to it later. This material raises provocative issues of pervasive importance for the study and practice of law; its themes can provide an appropriate and effective concluding topic for the course. Chapter 2 (The Justification of Punishment) is basic to the substantive part of the course. Part A (What Is Punishment?) provides descriptive material, both legal and sociological, that afford a sense of the character of imprisonment and other punitive sanctions as they work in actual practice in contemporary American society. Whether simply assigned as background reading or used to stimulate class discussion, this material can help make vivid and concreate the pains of “punishment” and can thus help to give some immediacy to the otherwise abstract jurisprudential debates about when punishment is justified. Part B (Why Punish?) presents material that many teachers will wish to discuss directly and in depth in class. Others have found it preferable, either because of time pressure or pedagogical taste, to deal with the purposes of punishment in the context of particular substantive subjects, such as mens rea, actus reus, causation, attempt, justification, or excuse. Part C (What to Punish?) raises basic problems that can be examined usefully either at this point or toward the end of the course. Chapters 3 (Elements of Just Punishment), 5 (Homicide), 6 (Harm), 7 (Group Criminality), and 8 (Justification and Excuse) will constitute the core of the typical substantive criminal law course, and, generally, teachers will want to cover them in depth. Chapter 4 (Rape) is important in its own right and as a complement to the materials in mens rea. Part D of the chapter on rape (Problems of Proof) can be used to pursue in more detail the themes studied in Chapter 1, or it can be used to introduce those themes when the time does not permit full consideration of Chapter 1. Chapter 9 (Theft) pursues the general themes of the course in the context of a specific crime heavily influenced by historical tradition and by the common law method. In the typical three-hour course, either this chapter or a substantial segment of other material (such as conspiracy) often has to be omitted. In a four-hour course, a detailed treatment of this chapter affords an occasion to explore the problems of defining actus reus and mens rea and determing the appropriate reach of criminalization in a setting of continuing practical importance.

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  Other Minds: Critical Essays, 1969-1994

  Thomas Nagel

  Over the past twenty-five years, Thomas Nagel has played a major role in the philosophico-biological debate on subjectivity and consciousness. This extensive collection of published essays and reviews offers Nagel's opinionated views on the philosophy of mind, epistemology, and political philosophy, as well as on fellow philosophers like Freud, Wittgenstein, Rawls, Dennet, Chomsky, Searle, Nozick, Dworkin, and MacIntyre.

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  Microeconomics

  Robert S. Pindyck and Daniel L. Rubinfeld

  Written by two of the most distinguished authors in the field, the third edition of this popular and highly acclaimed book continues to present microeconomic theory in an accessible manner. Conveying the very latest developments in the field through lucid exposition and always with a minimum of mathematics, this book is now full-color and has numerous graphs and illustrations to make it clear, current, and engaging. KEY TOPICS: Featuring examples of business and pubic policy applications in each chapter, it demonstrates theory at work in real companies, industry, and government. Contains coverage of new topics that have come to have a central role in microeconomics in recent years such as: game theory, competitive strategy, roles of uncertainty, information, and analysis of pricing by firms with market power. New material has been added including Hicksian substitution effects and an analysis of recycling. Offers thorough coverage of core microeconomic theory without excessive technical jargon, derivations or mathematical detail.

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  Analyzing Superfund: Economics, Science, and Law

  Richard L. Revesz and Richard B. Stewart

  Analyzing Superfund: Economics, Science, and Law probes key issues involved in the Superfund reauthorization debate and analyzes the future of this controversial environmental liability and remediation program. Revesz and Stewart bring together important theoretical and empirical work from the research community on four issues central to the evaluation of Superfund: cleanup standards, the liability regime, transaction costs, and natural resource damages. Superfund has been roundly criticized in many different quarters, making clear the need for dispassionate study of the law and its myriad ramifications. Issues addressed in this book will endure long after legislative action is completed. An important contribution to debate over Superfund and American environmental policy. Contributors: Maureen L. Cropper, Lloyd S. Dixon, John D. Graham, Shreekant Gupta, James T. Hamilton, Lewis A. Kornhauser, Katherine N. Probst, Richard L. Revesz, March Sadowitz, Richard B. Stewart, George L. Van Houtven, W. Kip Viscusi, Katherine D. Walker.

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  Passive Loss Rules

  Daniel N. Shaviro

  Prior edition of Tax Management Portfolio, Passive Loss Rules, No. 549-2d.

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  Markets Versus Environment?

  Richard B. Stewart

  Ever since the beginning of the contemporary environmental movement 30 years ago, market competition has been attacked as an engine of environmental destruction. Notwithstanding the spectacular environmental as well as economic failures of centrally planned economies, the OECD nations with market-based economies have adopted a far reaching system of central planning -command and control regulation - in order to provide a clean and healthy environment. The dysfunctions and limitations of this central planning system are increasingly apparent. This essay argues for far greater use of market-based incentives to more effectively protect the environment while also promoting economic goals and democratic accountability. The relation between markets and environmental protection assumes a more complex character in the case of trade among states. In this context, there have been growing demands for adoption of uniform regulatory standards to govern economic activity throughout the common market. Uniform standards have been widely adopted in the United States and the European Union. The demand for uniform standards is now being debated in the context of international trade. Uniformity is assertedly necessary in order to protect the environment from the side-effects of competition in the extended market, and to protect the market itself from the side-effects of different regulatory standards in different states. This essay argues that uniformity of environmental regulation throughout a common market is neither necessary nor desirable. While approximation of environmental measures may be desirable in some instances, differences are often appropriate, on both environmental and economic grounds. There is also wide opportunity for use of market-based incentives for environmental protection in the multistate context. Such incentives can go far towards reconciling environmental and economic goals while accommodating diversity and flexibility. The lock-step strategy of ever-widening command regulation must re-examined, and greater use made of alternatives better suited to the needs of the earth in an era of accelerating economic integration and political pluralism.

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  Natural Resource Damages: A Legal, Economic, and Policy Analysis

  Richard B. Stewart, John Daniel Ballbach, Paul D. Boehm, James L. Connaughton, Peter A. Diamond, Paul B. Galvani, Jerry A. Hausman, Paul J. O'Donnell, Carl V. Phillips, Jay B. Smith, Simon A. Steel, Roscoe Trimmier Jr., and Richard J. Zeckhauser

  This book provides an overview of this important and rapidly growing field of environmental liability. It explains the law of NRDs [natural resource damages] and the risks of liability that it creates for businesses. It also discusses some of the practical problems encountered in dealing with NRD liability. The authors identify serious flaws in the existing system and suggest alternative approaches that would protect natural resources without producing enormous truncation costs and exposing U.S. business to uncertain and excessive environmental liabilities found nowhere else in the world.

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  Natural Resource Damages: A Legal, Economic, and Policy Analysis

  Richard B. Stewart, Roger Clegg, and Barbara J. Goldsmith

  This book provides an overview of this important and rapidly growing field of environmental liability. It explains the law of NRDs [natural resource damages] and the risks of liability that it creates for businesses. It also discusses some of the practical problems encountered in dealing with NRD liability. The authors identify serious flaws in the existing system and suggest alternative approaches that would protect natural resources without producing enormous transaction costs and exposing U.S. business to uncertain and excessive environmental liabilities found nowhere else in the world.

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  The Elsinore Appeal: People vs. Hamlet

  The Association of the Bar of the City of New York, Kevin Thomas Duffy, Marvin E. Frankel, Stephen Gillers, Norman L. Greene, Daniel J. Kornstein, and Jeanne A. Roberts

  The night of 11 October 1994, before a packed house of law and literature buffs, the Association of the Bar of the City of New York retried the late prince of Denmark before a three-judge appellate panel. The case was an attempt to overturn Hamlet's original conviction for no fewer than six homicides (those of Claudius, Polonius, Laertes, Rosenkrantz, Guildenstern, and Ophelia) following his recovery from the poisoned sword wound received in his duel with Laertes. Already having served four hundred years of a life sentence, the melancholy Dane was ultimately acquitted of some of his charges - but not until the American justice system had battled wits with Shakespeare in a hilarious yet illuminating examination of one of literature's most beloved and perplexing characters. The Elsinore Appeal: People v. Hamlet contains all transcripts and briefs relating to the hearing, as well as the most incriminating document in the case: the complete text of Shakespeare's play.

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  The Regulation of International Trade

  Michael J. Trebilcock and Robert L. Howse

  The conclusion of the GATT Uruguay Round negotiations, as well as the emergence of regional trading arrangements and blocs, has underlined the significance of international trade regulation in global politics and economics. As new trade issues emerge and we look into the future of the world trading system, it is important that we understand its basic workings. The Regulation of International Trade introduces the rules and institutions that govern international trade. The authors examine the theory and functioning of international legal regimes, including those of the GATT/WTO (World Trade Organization), the Canada-US FTA and NAFTA, as well as some aspects of the European Union. Attention is also given to the rise of protectionism through the use of internal trade remedy law, including a detailed comparative analysis of the application of trade remedies to dumping and subsidies in Canada, the USA and the European Union. Settlement of disputes in international trade is given detailed treatment, as well. The book contains individual chapters on trade in agricultural products, trade and development and international labour mobility. In addition, it contains detailed discussion of the 'new era' trade issues, such as trade and investment, intellectual property rights, and trade and environment. The book fully reflects the results of the Uruguay Round of trade negotiations. Throughout the insights of classic and contemporary economics and poltical economy are related to current issues facing the world trading system. As a comprehensive text The Regulation of International Trade will be a valuable guide to students of economics, law, and international relations.

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  Ethical Problems in Federal Tax Practice

  Bernard Wolfman, James P. Holden, and Deborah H. Schenk

  The “old authors,” Bernard Wolfman and James Holden, believe that the most important innovation that this edition offers is the work of Deborah Schenk, who has joined with them as a co-author and has pulled the laboring oar. Ten years have elapsed since publication of the second edition. A good deal has happened since then. In 1985 only a few states had accepted the ABA’s Model Rules of Professional Conduct as the basis (with or without modification) for regulating lawyer conduct within their borders. Today, 40 states have done so. In 1985 tax shelters were at the peak of their heyday, and tax lawyers sometimes played an unseemly and inappropriate role in their creation and marketing. The ABA and the Treasury Department were giving a considerable amount of thought and time to the problem. Just after the second edition of this book was published, the ABA issued Formal Opinion 85-352, which went beyond Formal Opinion 346 issued in 1982, and modified the standard for taking a position on a return that Formal Opinion 314 had established in 1965. The Treasury Department followed the ABA, modifying Circular 230 to adopt the standard set forth in Opinion 85-352. This edition covers those developments and the problems for the profession that have unfolded in their wake. Although the basic structured of this edition follows the two earlier editions, much of the material is new, and within chapters there has been considerable reorganization. The book analyzes the statutory changes that Congress has enacted with respect to both return preparers and taxpayers. Materials on malpractice liability have been expanded, since the prevalence of malpractice actions against tax practitioners has increased. Throughout the book we have maintained the underlying theme of role differentiation that brings to the fore the somewhat differing standards that govern the tax lawyer as advocate from those that govern the tax lawyer as adviser. We encourage you—professors and students alike—to read the prefaces to the earlier editions. Along with this preface, the predecessors will give you the authors’ conceptions and, basically, what they have and have not done and why. Knowing what the authors were up to should facilitate both teaching and learning.

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  The Best Interests of the Child: Reconciling Culture and Human Rights

  Philip G. Alston

  The 1989 United Nations Convention on the Rights of the Child is the world's most widely ratified international human rights treaty. It thus provides an ideal context in which to examine the relationship between different cultural values and the international community's oft-stated aspiration to achieve universal human rights standards. This volume focuses upon a widely accepted family law principle according to which “the best interests of the child” shall be “a primary consideration...in all actions concerning children.” Through a combination of broad theoretical analyses and country-specific case studies the distinguished contributors demonstrate that cultural values are inevitably a major factor in the interpretation and application of many human rights norms. This work will be of great interest to scholars and students of international law and human rights, especially the rights of children.

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  Towards an Australian Bill of Rights

  Philip G. Alston

  The debate on the need for a Bill of Rights is one of the most important in contemporary Australia. While the subject is still controversial it appears clear that there has recently been a growing acceptance that such a development is necessary to protect certain fundamental human rights—rights which are either inadequately protected by existing constitutional or legislative provisions, or the protection of which is subject to considerable uncertainty. This collection of articles represents a timely and important contribution to t a debate which must continue—and ultimately produce results. It is beyond question that our current legal system is seriously inadequate in protecting many of the rights of the most vulnerable and disadvantaged groups in our community.

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  Nobody Likes Letitia

  Kwame Anthony Appiah

  A second murder mystery for eminent barrister and amateur sleuth, Sir Patrick Scott, first encountered in Avenging Angel.

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  Ann Petry: Critical Perspectives Past and Present

  Kwame Anthony Appiah and Henry Louis Gates Jr.