-
The Cost of Rights: Why Liberty Depends on Taxes
Stephen Holmes and Cass R. Sunstein
All legally enforceable rights cost money. A practical, commonsense notion? Yes, but one ignored by almost everyone, from libertarian ideologues to Supreme Court justices to human rights advocates. The simple insight that rights are expensive reminds us that freedom is not violated by a government that taxes and spends, but requires it - and requires a citizenry vigilant about how money is allocated. Laying bare the folly of some of our most cherished myths about rights, this groundbreaking tract will permanently change the terms of our most critical and contentious political debates.
-
Civil Procedure
Arthur R. Miller and Jack H. Friedenthal
Comprehensive analysis of civil procedure, convenient for class or exam preparation. Provides clear and concise explanations of legal concepts and terms, along with exam hints, strategies, mnemonics, charts, tables, and study tips. Includes self-testing and diagnostic review questions, and Case Squibs, which are capsule summaries of significant cases identifying important facts, primary issues, and relevant law. Provides a Casebook Table, which keys to relevant pages of leading casebooks, and numerous essay and multiple choice questions with model answers and detailed explanations. The 10-5-2 Hour Study Guide offers study suggestions for the critical hours before an exam.
-
Free Speech and the Politics of Identity
David A.J. Richards
Free Speech and the Politics of Identity challenges the scholarly view as well as the dominant legal view outside the United States that the right of free speech may reasonably be traded off in pursuit of justice to stigmatized minorities. These views appeal to an alleged reasonable balancebetween two basic human rights: the right of free speech and the right against unjust discrimination. Compelling arguments of normative political theory and interpretative history show, however, that these rights are structurally linked: the abridgement of one compromises the other. To make thiscase, David Richards offers an original political theory of toleration and of structural injustice that addresses the nature and scope of the right of free speech and the right against unjust discrimination; its analytic focus is on the role played by members of subordinated groups in the protest ofthe terms of structural injustice (the politics of identity), advancing constitutional justice under law. While the argument is developed on the basis of American constitutional experience from the antebellum period forward, its normative force is brought to bear both in defending and criticizingsome aspects of American law and in challenging the continuing legitimacy of laws against group libel, obscenity, and blasphemy under national legal systems (including Germany, France, Britain, Canada, Israel, India, South Africa, and others), regional systems (the jurisprudence of the EuropeanCourt of Human Rights), and public international law. The book's innovative normative and interpretative methodology calls for a new departure in comparative public law, in which all states responsibly address their common problems not only of inadequate protection of free speech but correlativefailure to take seriously the continuing political power of such evils as anti-Semitism, racism, sexism, and homophobia
-
Identity and the Case for Gay Rights: Race, Gender, Religion as Analogies
David A.J. Richards
How should we chart a course toward legal recognition of gay rights as basic human rights? In this enlightening study, legal scholar David Richards explores the connections between gay rights and three successful civil rights movements—black civil rights, feminism, and religious toleration—to determine how these might serve as analogies for the gay rights movement. Richards argues that racial and gender struggles are informative but partial models. As in these movements, achieving gay rights requires eliminating unjust stereotypes and allowing one’s identity to develop free from intolerant views. Richards stresses, however, that gay identity is an ethical choice based on gender equality. Thus the right to religious freedom offers the most compelling analogy for a gay rights movement because gay identity should be protected legally as an ethical decision of conscience. A thoughtful and highly original voice in the struggle for gay rights, David Richards is the first to argue that discrimination is like religious intolerance-denial of full humanity to individuals because of their identity and moral commitments to gender equality.
-
Italian American: The Racializing of an Ethnic Identity
David A.J. Richards
When southern Italians began emigrating to the U.S. in large numbers in the 1870s-part of the "new immigration" from southern and eastern rather than northern Europe-they were seen as racially inferior, what David A. J. Richards terms "nonvisibly" black. The first study of its kind, Italian American explores the acculturation process of Italian immigrants in terms of then-current patterns of European and American racism. Delving into the political and legal context of flawed liberal nationalism both in Italy (the Risorgimento) and the United States (Reconstruction Amendments), Richards examines why Italian Americans were so reluctant to influence depictions of themselves and their own collective identity. He argues that American racism could not have had the durability or political power it has had either in the popular understanding or in the corruption of constitutional ideals unless many new immigrants, themselves often regarded as racially inferior, had been drawn into accepting and supporting many of the terms of American racism. With its unprecedented focus on Italian American identity and an interdisciplinary approach to comparative culture and law, this timely study sheds important light on the history and contemporary importance of identity and multicultural politics in American political and constitutional debate.
-
The Regulation of International Trade
Michael J. Trebilcock and Robert L. Howse
The Regulation of International Trade 2nd Edition introduces the rules and institutions that govern international trade. The authors base their analysis on aspects of the subject from classic and contemporary literature on trade and political economy. This new edition has been fully updated to take account of the most recent developments in International Trade. New issues covered include: trade and competition trade and labour rights the Multilateral Agreement on Investment the Basic Telecoms and Financial Services WTO Agreements an analysis of the first three years of WTO dispute rulings, including those of Appelate Body. Drawing on the success of the earlier edition, this comprehensive and up to date text will be an invaluable guide to students of economics, law, politics and international relations.
-
Law and Disagreement
Jeremy Waldron
When people disagree about justice and about individual rights, how should political decisions be made among them? How should they decide about issues like tax policy, welfare provision, criminal procedure, discrimination law, hate speech, pornography, political dissent, and the limits of religious toleration? The most familiar answer is that these decisions should be made democratically, by majority voting among the people or their representatives. Often, however, this answer is qualified by adding providing that the majority decision does not violate individual rights. This book argues that the familiar answer is correct, but that the qualification about individual rights is incoherent. If rights are the very things we disagree about, then we are quarrelling precisely about what that qualification should amount to. At best, what it means is that disagreements about rights should be resolved by some other procedure, for example, by majority voting, not among the people or their representatives, but among judges in a court. This proposal although initially attractive seems much less agreeable when we consider that the judges too disagree about rights, and they disagree about them along exactly the same lines as the citizens. The book argues that a belief in rights is not the same as a commitment to a Bill of Rights. It shows the flaws and difficulties in many common defences of the democratic character of judicial review. And it argues for an alternative approach to the problem of disagreement: when disagreements about rights arise, the respectful way to resolve them is by decision-making among the right-holders on a basis that reflects an equal respect for them as the holders of views about rights. This respect for ordinary right-holders, it argues, has been sadly lacking in the theories of justice, rights, and constitutionalism put forward in recent years by philosophers such as John Rawls and Donald Dworkin. But the book is not only about judicial review. It looks at a theory of legislation, a theory which highlights the size, the scale and the diversity of modern legislative assemblies. The book presents legislation by a representative assembly as a form of law making which is especially apt for a society whose members disagree with one another about fundamental issues of principle, for it is a form of law making that does not attempt to conceal the fact that our decisions are made and claim their authority in the midst of, not in spite of, our political and moral disagreements.
-
The Dignity of Legislation: The 1996 Seeley Lectures
Jeremy Waldron
Jeremy Waldron here attempts to restore the good name of legislation in political theory. Focused in particular on the writings of Aristotle, Locke and Kant, this book recovers and highlights ways of thinking about legislation that present it as a dignified mode of governance and a respectable source of law. The focus is particularly on legislation by assemblies, large gatherings of representatives who air their disagreements in ferocious debate and make laws by deliberation and voting. Jeremy Waldron has published extensively in law, philosophy and political theory. Here he presents a unique study of the place of legislation in the canon of political thought - a study which emphasises the positive features of democracy and representative assemblies. The Dignity of Legislation is original in conception, trenchantly argued and very clearly presented, and will be of interest to a wide range of scholars and thinkers.
-
The Constitution of Europe: "Do the New Clothes Have an Emperor?" and Other Essays on European Integration
Joseph H. H. Weiler
Joseph Weiler presents essays written over the last ten years on issues related to European constitutional law. In a series of highly accessible discussions concerning the legal framework of the European Communities and the European Union, Professor Weiler describes the gradual strengthening of transnational European institutions at the expense of national legislators. Although individuals as legal consumers have been empowered by Community law, he writes, this has been at the expense of their rights as citizens. The Constitution of Europe thus provides from a legal perspective a balanced and uniquely authoritative critique of the attractions and demerits of the goal of European integration.
-
Bank Mergers & Acquisitions
Yakov Amihud and Geoffrey P. Miller
As the financial services industry becomes increasingly international, the more narrowly defined and historically protected national financial markets become less significant. Consequently, financial institutions must achieve a critical size in order to compete. Bank Mergers & Acquisitions analyses the major issues associated with the large wave of bank mergers and acquisitions in the 1990's. While the effects of these changes have been most pronounced in the commercial banking industry, they also have a profound impact on other financial institutions: insurance firms, investment banks, and institutional investors. Bank Mergers & Acquisitions is divided into three major sections: A general and theoretical background to the topic of bank mergers and acquisitions; the effect of bank mergers on efficiency and shareholders' wealth; and regulatory and legal issues associated with mergers of financial institutions. It brings together contributions from leading scholars and high-level practitioners in economics, finance and law.
-
EU Law: Text, Cases, and Materials
Paul Craig and Gráinne de Búrca
In the period since the publication of the first edition of this work there have been many important developments in EC and EU law. The intervening years have seen the Intergovernmental Conference leading to the revision now encapsulated in the Amsterdam Treaty. There has also been muchimportant Community legislation. The European Court of Justice has produced a number of seminal judgments in areas as diverse as state liability in damages, indirect effect, equality and standing to challenge the legality of Community action.The second edition of this leading text has been fully revised to take account of these developments, as well as including some of the innovative secondary literature which has been written since the publication of the first edition. It preserves the same structure which made the first edition sosuccessful, and includes a new chapter on capital and EMU, ensuring that students of EU law have comprehensive and up to date text and materials for their study of this fast moving area of law.
-
Cases and Materials on Civil Procedure
David Crump, William V. Dorsaneo III, Oscar G. Chase, and Rex R. Perschbacher
Organization and Methodology. This book is mostly traditional in approach. It is organized along the lines of the events in a lawsuit, beginning with service of process and establishment of the court’s jurisdiction, and proceeding through post-trial motions and appeals. For the most part, it uses the traditional case method. Law professors will recognize most of the “old favorite” cases, including venerable decisions such as Pennoyer v. Neff, modern classics such as Burger King Corp. v. Rudzewicz, and many others in between. One of the purposes of this Edition is to update such matters as supplemental jurisdiction, personal jurisdiction, diversity, removal, venue, disclosure, class actions and other issues, which have changed significantly in recent years. In some instances, the changes have required reorganization, to make the material clear and accessible. Special Feature. However, there is more to the book than traditional organization and approach. The following is a description of some of the special features that we have included. An Introduction to the Practice of Civil Litigation through Actual Litigation Documents. In addition to traditional case materials, the book include documents from actual litigation. Complaints and answers, motions, briefs, orders, and in the discovery chapter, a short deposition, are all excerpted for the student to see and study. We also have a set of self-initiated disclosures adapted from a real case. In some instances, a series of related papers tells the story of the underlying litigation. For example, Chapter 2 ends with an appendix containing all of the major papers in a typical forum contest. Likewise, Chapter 9 contains the documents presented by both sides in a typical summary judgement proceeding. (We also think students will be fascinated with Chapter 10, which contains excerpts from the jury selection, court’s charge, and final arguments in Pennzoil Co. v. Texaco Inc.—the case that produced the largest jury verdict in history.) We believe that these “real world” materials will help the student to understand the theory of civil procedure better, as well as providing insights into what litigators do. Problems, Including “Chapter Summary Problems.” Most of the chapters contain problems. For the most part, the problems in the first four chapters are simple. In this difficult course, it sometimes happens that a complex problem is not as helpful to the real goal of student understanding as a simpler one that clearly illustrates the application of the principles the student has learned. In later chapters, some of the problems are more difficult. In addition, the Second Edition contains “Chapter Summary Problems” for most chapters. These more comprehensive problems call for composite knowledge of the difficult parts of each chapter, requiring the student to “put the chapter together” and to apply what she has learned. These Chapter Summary Problems are placed early in the chapter, encouraging the student to think about the issues beforehand; but they can be answered only after the student has confronted the materials in the chapter. Thus the Second Edition allows the professor the flexibility to use a true “problem approach”—or, if she desires, she may simply omit one or all of these Chapter Summary Problems and employ traditional methods. “Improving the Systems”: Introducing Theoretical Issues at the Cutting Edge of the Law, Including Alternate Dispute Resolution. We would not be content, however, with introducing the student to current practice. A good lawyer needs to be able to grow with the law. In fact, he or she needs to think ahead of the current state of the law. Therefore, we have included sections in most chapters entitled “Improving the System.” We think these sections will help the student to think critically about current practice. And there is a benefit in looking at proposed improvement as a group. Our experience indicates that this method encourages deeper thought about the purposes of the Rules of Civil Procedure. Furthermore, the last chapter contains thorough coverage of alternate dispute resolution (“ADR”) methods (mediation, settlement, arbitration, conciliation, etc.) that have become prevalent recently. A “User Friendly” Book. Above all, we have tried to produce a book that makes the fundamental easy for the student to grasp. Although Civil Procedure may be the most difficult course in the first-year curriculum (we have no illusions of making it truly simple), we have done our best to make our book “user friendly.”
-
Principles for a Free Society: Reconciling Individual Liberty with the Common Good
Richard A. Epstein
As government budgets come under political fire and free-market ideals spread, the legal and social principles of libertarian thought continue to grow in popularity and relevance. It is particularly timely, then, that Richard Epstein, one of our country’s most distinguished legal scholars, here sets out an authoritative set of principles that explains both the uses and the limits of government power. Blending his deep knowledge of classical political theory and legal history with modern economic thought, he considers a wealth of timely topics: the use of norms and customs in setting legal rules; the appropriate spheres for both private and common property for such diverse resources as water and telecommunications; the dark side of altruism in driving collective behavior; and the relative merits of public and private assistance to the poor. Drawing on the work of multiple disciplines, Principles for a Free Society offers a thoroughly realized blueprint to guide us through political conflict in the troubled times ahead.
-
Employee Representation in the Emerging Workplace : Alternatives/Supplements to Collective Bargaining
Samuel Estreicher
Proceedings of New York University 50th Annual Conference on Labor: Private-sector unionization has been in a period of dramatic decline. While much scholarship has sought to explain this development and has called for stronger legal protection of union organizing efforts, the viability of alternative or supplementary forms of employee representation has received comparatively little attention. The potential for such alternatives and the appropriate role of public policy in this arena served as the theme for the 50th anniversary of New York University's Annual Conference on Labor. This long-standing conference brings together government officials; representatives of companies, labor unions, and employees; lawyers; and human resources specialists. In this vital forum, participants discuss important themes in U.S. labor law affecting the American workplace and share new ideas and perspectives for improving the practice. This latest installment includes conference papers and commentary as well as additional essays by professors at esteemed institutions in three different countries (Israel, Canada, and the United States). It addresses such provocative questions as: What do workers want in the way of workplace representation? What role has individualism played in the decline of unions in private companies? Do labor laws unnecessarily restrict the potential growth of employee ownership?
-
The Unification of International Commercial Law
Franco Ferrari
Since the standardization of multinational trade law increases legal certainty and thus promotes international trade, the simplification of the regulations that regulate cross-border issues is becoming increasingly important. This applies to sales law and factoring law or transport law as well as to procedural law and arbitration. As part of the Tilburg readings, the topic of standardization was addressed from both an academic perspective and a practical legal perspective. The authors examine the levels at which standardization can be carried out (regional, European or global), the means in question (agreements or model laws) and the possible methods (unification of substantive law or the further development of international private and procedural law). In addition to the twelve lectures at the conference, the volume also contains a draft for supranational civil procedure rules.
-
Regulation of Lawyers: Problems of Law and Ethics
Stephen Gillers
Stephen Gillers' popular casebook offers excellent coverage of the full range of professional responsibility issues, illustrated and documented with new and provocative materials, often drawn from recent headlines. REGULATION OF LAWYERS mixes well-edited cases with realistic problems and original source material to help students understand the rules and regulations that will constrain their professional behavior. The casebook is divided into five parts on: Client-Lawyer Relationship Conflicts of Interest Special Lawyer Roles Avoiding and Redressing Professional Failure First Amendment Rights of Lawyers Gillers examines a wide range of situations, including: the duty to inform and advise the autonomy of clients the rights of clients with diminished capacity bias in the selection or assignment of counsel lawyers' moral accountability for their choice of clients prosecutorial misconduct Students will confront real-life controversies, such as: The White House Counsel's notes of conversations with Hillary Clinton, subpoenaed by Kenneth Starr advertising on the internet Cravath's representation of Credit Suisse in connection with allegations against the bank by families of Holocaust victims Judge Posner's 'law and economics' analysis of bar admission rules This scrupulous revision also features new or enhanced material on: the Restatement of Law Governing Lawyers client identity issues fees court-imposed sanctions use of experts in malpractice actions sexual relations with clients REGULATION OF LAWERS is part of a thorough teaching package that includes a revised Teacher's Manual, featuring six complete case histories, and a new Statutory Supplement.
-
Regulation of Lawyers: Statutes and Regulations
Stephen Gillers and Roy D. Simon
Prior edition of Regulation of Lawyers: Statutes and Regulations.
-
The Law of Democracy: Legal Structure of the Political Process
Samuel Issacharoff, Pamela S. Karlan, and Richard H. Pildes
The Law of Democracy offers a systematic exploration of the legal construction of American democracy. The book brings together a cluster of issues in law regulating the design of democratic institutions, & the book employs a variety of methods - historical, comparative, theoretical, doctrinal - to explore foundational questions in the theory & practice of democracy. Covered issues include the historical development of the individual right to vote; current struggles over racial gerrymandering; the relationship of the state to political parties; the constitutional & policy issues surrounding campaign-finance reform; & the tension between majority rule & fair representation of minorities in democratic bodies.
-
Federal Habeas Corpus Practice and Procedure
James S. Liebman and Randy A. Hertz
This work takes the reader step-by-step through the legal, policy, strategic, tactical and ethical concerns encountered in postconviction litigation. Some of it's features include: circuit-by-circuit analysis of every habeas corpus doctrine and practice, lists of issues to raise and sources of claims to investigate, appendices of statutes, rules and forms, and many others.
-
Bloody Constraint: War and Chivalry in Shakespeare
Theodor Meron
War is a major theme in Shakespeare's plays. Aside from its dramatic appeal, it provided him with a context in which his characters, steeped in the ideals of chivalry, could discuss such concepts as honor, courage, patriotism, and justice. Well aware of the decline of chivalry in his own era, Shakespeare gave his characters lines calling for civilized behavior, mercy, humanitarian principles, and moral responsibility. In this remarkable new book, eminent legal scholar Theodor Meron looks at contemporary international humanitarian law and rules for the conduct of war through the lens of Shakespeare's plays and discerns chivalry's influence there. The book comes as a response to the question of whether the world has lost anything by having a system of law based on the Hague and Geneva conventions. Meron contends that, despite the foolishness and vanity of its most extreme manifestations, chivalry served as a customary law that restrained and humanized the conflicts of the generally chaotic and brutal Middle Ages. It had the advantage of resting on the sense that rules arise naturally out of societies, their armed forces, and their rulers on the basis of experience. Against a background of Medieval and Renaissance sources as well as Shakespeare's historical and dramatic settings, Meron considers the ways in which law, morality, conscience, and state necessity are deployed in Shakespeare's plays to promote a society in which soldiers behave humanely and leaders are held to high standards of civilized behavior. Thus he illustrates the literary genealogy of such modern international humanitarian concerns as the treatment of prisoners and of noncombatants and accountability for war crimes, showing that the chivalric legacy has not been lost entirely. Fresh and insightful, Bloody Constraint will interest scholars of international law, lovers of Shakespeare, and anyone interested in the history of war.
-
War Crimes Law Comes of Age: Essays
Theodor Meron
In this edited collection, Theodor Meron, the world's most important author on issues of international humanitarian law, brings together a fascinating collection of his essays on war crimes and related areas. Together with a new concluding chapter, this book will be welcomed by all scholars in the field as a useful and significant contribution to our understanding of international humanitarian law.
-
Econometric Models and Economic Forecasts
Robert S. Pindyck and Daniel L. Rubinfeld
This text aims to help students understand the art of model building, what type of model to build, building the appropriate model, testing it statistically and applying the model to practical problems in forecasting and analysis. Although statistics is a prerequisite to use the text effectively, calculus is not required. This edition includes new material on descriptive statistics, a new chapter on non-linear and maximum likelihood estimation with a section on ARCH and GARCH models and a new test for heterosedasticity and use of panel data
-
Microeconomics
Robert S. Pindyck and Daniel L. Rubinfeld
Provides a treatment of microeconomic theory with a minimal level of mathematics and features examples of business applications to provide students with a presentation of theory at work in real companies, industry and government. This edition includes information on antitrust laws and bundling.
-
Women, Gays and the Constitution: The Grounds for Feminism and Gay Rights in Culture and Law
David A.J. Richards
In this remarkable study, David A. J. Richards combines an interpretive history of culture and law, political philosophy, and constitutional analysis to explain the background, development, and growing impact of two of the most important and challenging human rights movements of our time, feminism and gay rights. Richards argues that both movements are extensions of rights-based dissent, rooted in antebellum abolitionist feminism that condemned both American racism and sexism. He sees the progressive role of such radical dissent as an emancipated moral voice in the American constitutional tradition. He examines the role of dissident African Americans, Jews, women, and homosexuals in forging alternative visions of rights-based democracy. He also draws special attention to Walt Whitman’s visionary poetry, showing how it made space for the silenced and subjugated voices of homosexuals in public and private culture. According to Richards, contemporary feminism rediscovers and elaborates this earlier tradition. And, similarly, the movement for gay rights builds upon an interpretation of abolitionist feminism developed by Whitman in his defense, both in poetry and prose, of love between men. Richards explores Whitman’s impact on pro-gay advocates, including John Addington Symonds, Havelock Ellis, Edward Carpenter, Oscar Wilde, and André Gide. He also discusses other diverse writers and reformers such as Margaret Sanger, Franz Boas, Elizabeth Stanton, W. E. B. DuBois, and Adrienne Rich. Richards addresses current controversies such as the exclusion of homosexuals from the military and from the right to marriage and concludes with a powerful defense of the struggle for such constitutional rights in terms of the principles of rights-based feminism.
Printing is not supported at the primary Gallery Thumbnail page. Please first navigate to a specific Image before printing.
