Faculty Books & Edited Works

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  Frederick Douglass: Critical Perspectives Past and Present

  Kwame Anthony Appiah and Henry Louis Gates Jr.

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  A Reader on Punishment

  R. A. Duff and David W. Garland

  Why we punish, who we punish and how we punish are central elements of any discussion of the role of law in modern society. In this impressive and timely collection, two leading experts on the theory of punishment have selected a range of articles which have made important and influential contributions to the ways in which punishment is understood in contemporary society. The collection is introduced by a lengthy and original discussion of the key concepts of punishment, and each article is prefaced by a short introduction setting out the issues to be discussed. Throughout the book the aim of the editors is to demonstrate how complex the concept of punishment is, and to illustrate how an understanding of punishment is vitally important for students of law and society.

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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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  Local Government Law: Cases and Materials

  Clayton P. Gillette

  The study of local government law has, in recent years, achieved new levels of analysis. The debates in the legal literature about liberalism and communitarianism, about the role of interest groups in the selection and passage of legislation, about the proper scope of the judiciary in allocating social resources all have implications for the issues of local competence and local autonomy that constitute the framework of local government law. At the same time, debates in the political forum about the role of local government in the federal firmament have become more important as federal funding has decreased, cities have struggled with fiscal distress, and states have imposed increased obligations on localities to address social issues ranging from environmental cleanup to the delivery of basic services. The materials in this book attempt to provide a means for studying these phenomena and for wrestling with both the theoretical and practical issues that local governments face today. My approach to these issues consists of an investigation of the basics of what it is that we expect of local governments, of why we would or would not favor local redress for a particular social problem. My concern, therefore, is with the question of when local bodies (cities, counties, special authorities, towns) rather than some other level of government, or the marketplace, should make decisions concerning the allocation of social resources. In short, these materials explain local government law through and exploration of institutional design. The issues that these materials address are familiar in the public law component of the law school curriculum. They involve the scope of governmental decisionmaking and the competence of the decisionmaker to render results consistent with an acceptable social objective, such as fairness or efficiency. Most public law courses, however, address these issues only at the federal level and ask whether a given decision should be made by the executive, the legislature, or the judiciary. A course in local government law adds to this matrix the issue of whether a particular decision should be made at the local, state, or federal level. Occasionally, these materials also invite the student to consider whether the good or service at issue should be provided by government at all. The materials begin from the assumption that the appropriate level of decisionmaking for any issue depends on three factors: (1) the extent to which the decision will have effects beyond the jurisdiction of the decisionmaker; (2) the possibility that decentralization will enhance or frustrate a decisionmaking procedure that is dominated by nonrepresentative interests, that is, the problem of collective action; and (3) the desirability of creating institutions for decisionmaking that promote political participation by those affected by the decision. Given the current state of local government scholarship, it is not appropriate to address these issues as purely legal matters. Instead, the law that emerges, and the student’s reaction to it, largely reflects learning from other disciplines, ranging from public finance to political philosophy. I have attempted to provide some basis for students to consider work from these other disciplines in order to encourage a more reflective critique of the legal doctrine and its consequences. A word about the cases is in order. Many of the doctrines of local government law lack the precision and definiteness that one would like. Concepts such as “debt,” “public purpose,” “local affairs,” and “uniform taxation” are not readily susceptible to definition. I have attempted to select cases that demonstrate the complexity inherent in these concepts and that give sufficient examples of when the particular court believes the standard at issue has or has not been satisfied. Unfortunately, cases that are successful for these purposes tend, for the same reason, to be lengthy. My apologies in advance to teachers and students. In addition, I have chosen to retain detailed discussions of the transactions that give rise to the underlying disputes in the hope that students will come to appreciate the intricate and varied contexts in which local governments interact with the state, with each other, and with their residents. Here, too, I fear, brevity must give way. I have also attempted (with notable exceptions) to select relatively recent cases from state courts in order to give students a sense of the currency of the problems presented. The cases also reveal my preference for explicating the law through the state courts rather than through federal court explanations of what localities ought to do. In large part, this choice reflects my preference not to turn the study of local government law into an examination of “constitutional law as applied to localities.” Hence, I have avoided cases that treat “first amendment law as applies to localities” or “takings law as applied to cities” in favor of cases that, at least implicitly, ask fundamental questions about the appropriate scope of municipal conduct. These materials have evolved over a period of years, and I have not faith that the evolutionary process has ended.

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  Corporate Income Taxation

  Douglas A. Kahn and Jeffrey S. Lehman

  Corporate tax laws have changed radically, most importantly due to the Tax Reform Act of 1986. This treatise is aimed at generalists who need a comprehensive overview of corporate tax doctrine and tax laws, specialists who need a way to synthesize the relevant authorities on a particular question, and students who want a discursive text to read along with their casebook. Discusses the crucial issues of corporate taxation. This book provides a comprehensive understanding of the field, enhance law student performance on exams, and also provides a useful guide for attorneys practicing in this area.

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  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,

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  Environmental Law and Policy

  Peter S. Menell and Richard B. Stewart

  The authors' focus on policy and theory, rather than the minutia of environmental law, gives students the analytical tools they need to examine any given law or statute. This comprehensive policy-oriented casebook covers all the essential topics you'll want to address in class. it begins with a theoretical overview, introducing key environmental problems. The second chapter presents different problem-solving approaches: economic analysis, cost-benefit analysis, And The pursuit of social goals other than efficient resource allocation. Other chapters address: The role of common law, The regulation of hazardous waste, The administrative law doctrines that govern environmental law, NEPA, natural resources, And The future of environmental law and policy. The authors' approach is analytical and balanced, offering the full range of theoretical perspectives that affect current and future laws and statutes: public policy analysis the integration of law, science, and policy the philosophical foundations of environmental law the political dimensions of environmental law and policy Professors Menell and Stewart also pay careful attention to pedagogy. Each chapter is divided into units that can be taught in one class session and includes lively problems to spark classroom discussion.

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  Americanization of the Common Law: The Impact of Legal Change on Massachusetts Society, 1760-1830

  William E. Nelson

  Americanization of the Common Law remains one of the standard works on the transformation of law in America from the late colonial period to the end of the early republic. In a straightforward manner, William E. Nelson analyzes the profound ideological movement that grew out of the American Revolution and caused substantial structural change in the legal and social order of Massachusetts and, by extension, in the nation at large. The Revolution, Nelson argues, transformed a hierarchical and communitarian legal and social order into an egalitarian and individualistic one. For this edition, Nelson has written a new preface in which he discusses the book's initial reception and the relevant historiographical issues that have arisen since it was first published in 1975.

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  Presiding Over a Divided World: Changing UN Roles, 1945-1993

  Adam Roberts and Benedict Kingsbury

  In the half century since its foundation in 1945, the United Nations has been a central institution in the conduct of international relations. Liberated from the particular constraints imposed by the Cold War, the UN has undertaken much more in the past few years than ever before. Yet the flush of post-Cold War enthusiasm only temporarily masked its underlying limitations. Several fundamental problems that are now resurfacing require attention, and the UN faces a number of critical decisions about its future role and direction. Key subjects of concern include its control and management of the use of force; its difficulties in coping with problems of deeply divided societies; conflicts between sovereignty and the enforcement of international standards; problems of representation on the Security Council; slow progress on South-North issues; and the question of possible revision of the Charter. These issues cannot be confronted effectively unless there is a core of common understanding of the nature of the UN and its place in international relations. Building such an understanding is particularly problematic because, throughout its history, the UN has been beset by conflicting and overly simple interpretations: * The UN is a talking-shop backed by a bloated bureaucracy that achieves little of value, wastes a great deal of money, is not answerable to a democratic electorate, and will always lack the significance of governments of sovereign states. * The UN is effective principally as a convenient instrument of avoidance, in which discussion is a cosmetic substitute for action and which states use to avoid blame for their own inaction. * The UN is a thinly disguise servant of the interests of the North in general and the United States in particular. This description applies to the operation of the Security Council and to such agencies as the International Monetary Fund (IMF) and the International Atomic Energy Agency (IAEA). * The UN represents a higher set of standards for the conduct of international relations transcending the narrow interests of states, and if allowed to function properly it offers the best hope of eliminating the scourge of war. * The UN is at last free of the paralysis imposed upon it by the Cold War and finally offers the prospect of realizing the original Charter vision, or even of moving beyond that vision to a new world system of peace and security, in which obstacles arising from state sovereignty are eventually overcome. This paper picks up elements of these reductionist interpretations but argues that policy must be based on a much more nuanced evaluation. It suggests that while the UN has achieved much, it has not, and very likely will not, overcome many of the problems that have in the past bedeviled efforts at collective security and global organization. The United Nations has played important roles that individual states or regional organizations could not themselves perform. It can be most effective if the design and management of the UN as an institution take adequate account of the heterogeneity of the international system, the perennial character of many of the problems with which it is confronted, and the realities and constraints of the international society within which it operates. The UN has only a limited capacity to challenge the wills of particular states: many of its instruments for doing so—including condemnations, sanctions, and war crimes tribunals—are problematic. It can only act effectively where its actions are broadly consistent with the policies of most member states centrally involved in any particular issue. In the confused circumstances of the post-Cold War era, the UN faces new opportunities but also new hazards. The East-West divide was only one of several fundamental divisions in international society. The removal of this constraint offers scope for more effective action, but not for the rapid realization of a utopian vision of international organization: overreaching will result in failure and the disappointment of inflated expectations.

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  The Rejection of Consequentialism: A Philosophical Investigation of the Considerations Underlying Rival Moral Conceptions

  Samuel Scheffler

  In contemporary philosophy, substantive moral theories are typically classified as either consequentialist or deontological. Standard consequentialist theories insist, roughly, that agents must always act so as to produce the best available outcomes overall. Standard deontological theories, by contrast, maintain that there are some circumstances where one is permitted but not required to produce the best overall results, and still other circumstances in which one is positively forbidden to do so. Classical utilitarianism is the most familiar consequentialist view, but it is widely regarded as an inadequate account of morality. Although Samuel Scheffler agrees with this assessment, he also believes that consequentialism seems initially plausible, and that there is a persistent air of paradox surrounding typical deontological views. In this book, therefore, he undertakes to reconsider the rejection of consequentialism. He argues that it is possible to provide a rationale for the view that agents need not always produce the best possible overall outcomes, and this motivates one departure from consequentialism; but he shows that it is surprisingly difficult to provide a satisfactory rationale for the view that there are times when agents must not produce the best possible overall outcomes. He goes on to argue for a hitherto neglected type of moral conception, according to which agents are always permitted, but not always required, to produce the best outcomes.

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  Chinua Achebe: Critical Perspectives Past and Present

  Kwame Anthony Appiah and Henry Louis Gates Jr.

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  Civil Procedure: Cases and Materials

  John J. Cound, Jack H. Friedenthal, Arthur R. Miller, and John E. Sexton

  This Sixth Edition, which has been prepared by Jack H. Friedenthal, Arthur R. Miller, and John E. Sexton, had had the benefit of many comments of colleagues from the large number of schools in which the first five editions have been used. These responses have been gratifying in confirming our own conclusion that the book is a highly successful teaching tool, regardless of the precise form of the civil procedure course being taught or of the specific material covered in it. As a result, this Sixth Edition preserves the same basic format and much of the material found in the earlier editions. Why then is a new edition necessary? Certainly a revision cannot be justified simply to achieve relatively trivial improvements or merely to replace the original text with more recent matter of similar substantive content. The reason for this volume is that since publication of the Fifth Edition there have been important developments in several areas of procedure (for example, supplemental jurisdiction), which give rise to intellectually stimulating questions and policy considerations that require inclusion in a contemporary casebook. Thus, the illustrative cases presented in Chapter One have been revised, including the replacement of two cases. The chapter on jurisdiction has been reorganized into four separate chapters to improve the presentation of the material, and each of the new chapters has been reconceptualized and updated in light of recent Supreme Court decisions and other developments. The chapter on trials has been reorganized, reflecting the order of decisions that must be considered in pursuing civil litigation. The chapter on former adjudication has been substantially reworked, reflecting the preclusion issues posed by administrative and nonjudicial determinations. New sections, reflecting recent amendments to relevant statutes and to the Federal Rules of Civil Procedure, have been added to other chapters; and the chapter on alternative dispute resolution has been updated. In addition, discussion of the proposed amended Federal Rules dealing with Rule 11 and discovery has been included in the appropriate sections. Finally, introductory material, case notes, and citations to treatises, law review articles, and cases have been thoroughly revised and updated. We have looked for modern cases in which the facts are interesting, in which the conflicting policies seem to be in equipoise, or in which the context has extrinsic fascination, rather than for cases whose opinions offer tight little monographs on various aspects of procedure. After all, a student’s preparation and participation in class discussion frequently are in direct proportion to the extent to which the materials are interesting and involving. The notes and questions that follow nearly every principal case have been designed for the most part to encourage deeper analysis of the problems raised in the principal cases rather than to fill the student with additional detail. At the same time, we have tried to provide sufficient and selective references to secondary sources for the student who wishes to look further. We have not aimed at a “hard” book. Civil procedure is sufficiently mysterious to law students that its ability to challenge survives best when presented in a clear and simple environment. The danger is not of patronizing students, but of losing them. In the textual survey in Chapter One, in the long not on “the nature of the trial process” in Chapter Fourteen and the in briefer introductions to other sections of the book, we have tried to tell students where they are going, and through extensive cross-referencing and questions we have tried to force them to review where they have been. We have not concentrated on the law of any one jurisdiction, although there is substantial emphasis on the operation of the Federal Rules of Civil Procedure, which have served as a model and focal point for serious discussion and implementation of procedural reform in a large majority of the states. In general the book operates on a comparative basis, except in contexts in which this approach has more limited utility than an in-depth exploration of a single system. A careful attempt has been made to strike a balance between exploration of underlying philosophical problems and analysis of day-to-day matters that arise frequently in office practice or in the courts. Our theory is that a mixture of both is necessary to give students a comprehensive understanding of procedure. How else can they learn why, even today, after so many years of study, revision, and reform, major proposals for alteration of adjective law are still being made, and, undoubtedly, will continue to be made in the years to come? In addition, considerable use has been made of historical material, not only when it is directly relevant to today’s system, as in the study of the right to jury trial, but also in contexts in which it is necessary for a true grasp of the basic problems. Because courses in civil procedure vary greatly not only as to the hours allotted but also as to whether they are mandatory or optional and as to the year during which students are expected to take them, the materials in this edition are designed to provide maximum pedagogical flexibility. The cases and subjects covered have been selected primarily for a comprehensive, year-long course beginning in the first term of the law student’s first year; yet they may easily be divided into two or more quite different subjects to be given either as preliminary or advanced courses. The first chapter of this casebook sets forth a basic textual statement of a procedural system’s framework, without which an understanding of any particular part of the system is difficult, if not impossible. This initial discussion defines those procedural terms necessary for comprehending legal opinions, whether they be of a procedural or substantive character. This initial discussion defines those procedural terms necessary for comprehending legal opinions, whether they be of a procedural or substantive character. This we believe, is an important function of a course in procedure, especially when it forms part of the first year curriculum. The textual analysis, which can be assigned for study with little or no class discussion, is followed by a series of illustrative cases designed to raise the basic problems of a procedural system, to illustrate the interplay among its various aspects, and to highlight many of the points in the earlier text. An effort has been made to select cases that can be handled with relative dispatch so that the introduction does not become a de facto study of the entire course. In general, Chapter One is intended to let students form some idea as to the nature of the litigation “forest” before attempting to make them master of any of its “trees.” After the first chapter, the structure of the book proceeds in a chronological fashion. The authors believe that this is the most logical way to teach civil procedure because it permits students to see the evolution and maturation of the litigation process. Furthermore, by putting personal and subject-matter jurisdiction and the materials dealing with the history of civil procedure before such subjects as pleading, joinder, and discovery, first year students are given some “breathing time” in which to absorb enough substantive law from torts, contracts, and property courses to enable them to grasp the significance of such matters as “pleading a cause of action,” “contributory negligence,” and “joint and several interests.” Finally, the authors have concluded that despite its conceptual difficulty, personal jurisdiction is a much more teachable and exhilarating introduction to civil procedure than is pleading. The chapters on jurisdiction include an extensive treatment of the federal courts. An investigation of a single system in detail seems the best war to impress students with the significance attached by courts to the concept of jurisdiction over the subject matter. The length of this material is greater than is customary in a civil procedure book, but part of it may readily be treated at the end of the course or be eliminated. We believe that without a working knowledge of such concepts as diversity of citizenship and supplemental jurisdiction, the procedural ramifications of the Erie doctrine and such indisputably procedural problems as joinder cannot be properly understood. We have concluded that to omit a plenary section on common-law pleading, the forms of action, equity, and the nineteenth century reforms (as many procedure casebooks do) would only lead to the introduction of this material in driblets by lecture during the study of modern pleading and other subjects with no substantial saving in time and probably at a cost in comprehension. At the same time we have eschewed the temptation to overcompensate for the disappearance of courses in equity; we have not attempted to cover the substantive doctrines of that discipline in a historical note. Although we believe history is invaluable to the study of modern procedure, the modern pleading chapter has been planned as a choate whole, and does not require the coverage of the earlier background chapter. The materials in this volume refer to and are augmented by a Supplement, which contains not only the federal statutes and rules governing procedure, as is traditional, but also comparative state provisions. In some cases other materials, such as notes of Advisory Committees, also are included. Thus at a glance students are able to see the different solutions put forth for particular procedural problems and are induced to explore the reasons why one rule has not been universally acclaimed as “superior” and adopted by all jurisdictions. Use of the Supplement has the added advantage of permitting teachers and students to keep abreast of interesting alterations in the oftenchanging statutes and rules governing civil procedure, without constant revision of the casebook itself. All teachers of civil procedure are well aware of how difficult it is for students to grapple with problems in the abstract; for example in the field of pleading they may have only a vague notion of what a pleading looks like. The Supplement therefore also contains a litigation time-chart and an illustrative problem, showing how a case develop in practice and samples of the documents that might actually have formed a portion of the record. It is important to note that these samples are not designed as models to be emulated. To the contrary, they often contain defects intended to induce students to criticize them in light of knowledge they have obtained from the cases and classroom discussion. The cases and excerpts from other materials obviously have been extensively edited in order to shorten them and clarify issues for discussion. Except in a few situations, the materials from the Fifth Editions have not been significantly shortened in preparing the Sixth Edition. With regard to footnotes: the same numbering appears in the casebook as appears in the original sources; editor’s footnotes are indicated by letters.

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  Bargaining with the State

  Richard A. Epstein

  Bargaining with the State examines the threats to liberty that arise through the power of government selectively to distribute benefits and favors to its citizens. For Richard Epstein, the preservation of individual liberty against government contractual power advances not only the short-term interest of the individual citizen but also the long-term overall social welfare.

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  Civil Procedure

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

  This second edition of our Hornbook follows the same basic format and approach as the first. The primary revisions have been to update the volume in light of several very important legislative and judicial developments that have occurred since it was published in 1985. As was true then, our objective in this text has been to identify and discuss the significant aspects of civil procedure, both state and federal. We have not been deterred from exploring important questions merely because not all systems answer them alike. We also have tried to capture the complicated interrelationship between state and federal judicial systems in a coherent and systematic manner. Our approach is linear in time, beginning with the initial assertion of jurisdiction and challenged to it, progressing through framing the matters to be litigated, the parties, and trial preparation, and continuing on to judgments—their binding effect, their enforcement, and their review on appeal. The final Chapter is somewhat different in that it is not in chronological sequence. One of the fundamental challenges of our time is how the judicial system can cope with the increasing burden of complex, multiparty litigation that threatens to swamp our current procedural machinery, which really was devised for simpler disputes. That problem pervades from the beginning to the end of lawsuits. Thus, we have elected to gather all features of it in a single Chapter rather than distribute it throughout the text, which would create a risk of losing sight of it entirely, or, at the least, diminish its importance. In trying to attain the goal we describe, we have written a book far more comprehensive than any Civil Procedure course possible could be. But our purpose is broader than the mere creation of yet another student study aid. Students, as well as lawyers and even judges, often are called upon to learn about topics not covered in any law school course. Accordingly, we addressed ourselves to Civil Procedure in the broad sense, embracing topics and issues whether they typically are covered in law school or not, and whether federal or state in origin. We also have been attentive to history and have tried to articulate the policies that have governed procedural practices and have led to their modification over time. Certainly we do not claim that we have identified every procedural question that has or might arise. Nor have we provided answers to each of them. But we have tried to identify the important issue and to give readers sufficient information to allow them to understand what is at stake and why. So we think of our book as a beginning. Readers who wish to go further are provided with references to another more detailed source in which further inquiry can be pursued. Of the many instances of this throughout this volume, we call special mention to the numerous references to West Publishing Company’s multi-volume treatise, Federal Practice and Procedure. That work has been written by Charles A. Wright in collaboration with two of the authors of this book, Arthur R. Miller and Mary Kay Kane, and Edward H. Cooper, Kenneth W. Graham, Michael H. Graham, and Victor Gold.

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  Alice Walker: Critical Perspectives Past and Present

  Henry Louis Gates Jr. and Kwame Anthony Appiah

  Alice Walker has been honored with most of the major literary awards—including the Pulitzer Prize and the National Book Award for The Color Purple—clearly establishing her among the giants of American literature. She has achieved critical and commercial success not only through her five published novels, but for her short stories, poetry, essays, and other writings, and for a top-grossing feature film based on her first best-selling novel. She is among the few contemporary American literary figures who are studied in colleges and universities, and she has become a household name. Renowned scholars of African-American literature Henry Louis Gates, Jr., and K.A. Appiah have brought together reviews “drawn from newspapers and popular magazines to show Walker's accomplishments in the eyes of her literary contemporaries,” writes Gates, along with a “range of scholarly response.” A self-described womanist, Alice Walker has a following not only among women of color, to whom much of her work is addressed, but among women and men of all ethnicities in the academic and lay communities as well. This unique and revealing collection includes the points of view of writers such as Greil Marcus, author of Lipstick Traces; New York Times book critic Mel Watkins; Barbara Christian, author of Black Feminist Criticism; bell hooks, author of Black Looks; and others who represent the many and varied people who are influenced and affected by her work. In "To Try Men's Souls" Robert Coles writes, “Alice Walker is a fighter as well as a meditative poet and lyrical novelist. She has taken part in the struggles her people have waged, and also knows the struggles they must yet face in this greatest of the world's democracies. Mary Helen Washington, editor of Black-eyed Susans and Memory of Kin, expresses her belief that “the true empathy Alice Walker has for the oppressed woman comes through in all her writings—stories, essays, poems, novels.” Though Walker is described as a “lavishly gifted writer,” she is also subjected to respectful criticism. Alice Hall Petry, author of Understanding Anne Tyler, says, “As a short story writer, Alice Walker seems to alternate between presenting editorials as fiction, experimenting with the short story as a recognized literary form, and rather self-consciously writing ‘conventional’ short stories. At best the results are mixed.” The essays, reviews, a chronology, and two interviews with Alice Walker (in which she discusses her “craft”) help Alice Walker: Critical Perspectives Past and Present reveal the many dimensions of this fascinating writer and offer a unique way of appreciating and celebrating her work and the profound impact it has on her and on her students, peers, and readers around the world.

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  Gloria Naylor: Critical Perspectives Past and Present

  Henry Louis Gates Jr. and Kwame Anthony Appiah

  Gloria Naylor's first published book of fiction won her the American Book Award. The Women of Brewster Place was a dramatic launch for a successful literary career that is still on the ascendant. Like Alice Walker, Naylor has earned a reputation associated with both critical and commercial success; she is respected in academic circles and acknowledged in the world of popular culture. Both have had a best-selling novel translated into successful movies. Both are recognized as well for speaking out for the rights of women and on other social issues. Gloria Naylor: Critical Perspectives Past and Present documents the contributions of her work to the African-American and American literary traditions. Henry Louis Gates, Jr., and K.A. Appiah collected reviews that, Gates says, “attest to Naylor's important, if sometimes controversial, place in the expanding canon of American letters.” Culled from newspapers and magazines, reviews from writers such as Donna Rifkind have identified her as having a “commanding fictional voice” that “at its best, it's the kind of voice that moves you along as if you were dreaming. But it runs the risk, at its worst, of overpowering the voices of her own carefully imagined characters.” Naylor's work impresses scholars in part because she herself is one. Her novels are ambitious creations often inspired by her appreciation of literary masters such as Shakespeare, Dante, Morrison. Linden Hills, for example, is an adaptation of Dante's Inferno, while Mama Day wears the impression of Shakespeare's The Tempest and Toni Morrison's Song of Solomon. Gates and Appiah make the point, though, that Naylor is her own person. In one of the essays chosen for this volume Peter Erickson writes, “Naylor's work provides a valuable test case for how we are going to formulate a multicultural approach to literary studies. Naylor's interest in Shakespeare neither translates into kinship nor supports a mode of continuity; the main note is rather one of conflict and difference ... Shakespeare does not assimilate Naylor; Naylor assimilates Shakespeare.” This unique and revealing collection includes the wisdom and insight of other important figures in contemporary literature as well as a chronology of Naylor's life and career. There are novelists Rita Mae Brown, Bharati Mukherjee, and Sherley Ann Williams, as well as Barbara Christian, author of Black Feminist Literary Criticism. These informed perspectives offer academics and lay readers alike insight into Naylor the artist and Naylor the woman.

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  Langston Hughes: Critical Perspectives Past and Present

  Henry Louis Gates Jr. and Kwame Anthony Appiah

  With a career that spanned the Harlem Renaissance of the twenties and Black Arts movement of the sixties, Langston Hughes was the most prolific Black poet of his era. Between 1926, when he published his pioneering The Weary Blues, to 1967, the year of his death, when he published The Panther and the Lash, Hughes would write sixteen books of poems, two novels, seven collections of short stories, two autobiographies, five works of nonfiction, and nine children's books he would edit nine anthologies of poetry, folklore, short fiction, and humor. He also translated Jaques Roumain, Nicolás Guillén, Gabriela Mistral, Federico Garcia Lorca, and write at least thirty plays. It is not surprising that Hughes was known, variously, as “Shakespeare in Harlem” and as the “poet laureate of the American Negro.”

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  Richard Wright: Critical Perspectives Past and Present

  Henry Louis Gates Jr. and Kwame Anthony Appiah

  Since the 1940s, when Richard Wright published his best-selling Native Son, he has been one of the most widely read writers of his time and after. Many of Wright's stories were accounts of racially motivated violence that shocked the public at the time of publication and forced his readers to be aware of the horrors of racism in America. Henry Louis Gates, Jr., and K.A. Appiah, editors of Richard Wright: Critical Perspectives Past and Present, selected reviews of Wright's work by his contemporaries and colleagues, such as Zora Neale Hurston, Ralph Ellison, and Alain Locke—figures who now stand on their own in literary history. The editors join these reviews with essays by present-day scholars such as Houston Baker, Jr., author of Working of the Spirit and The Journey Back; Claudia Tate, author of Black Women Writers at Work; and Herbert Leibowitz, author of Fabricating Lives. This collection looks not only at Wright's seminal works of fiction, but at his nonfiction and autobiographical writings as well. Black Boy, published in 1945, is the first volume of Wright's autobiography and is “if not Wright's biggest book, it is perhaps his best, and surely his best written,” according to Dan McCall of American Poetry Review. The second volume, American Hunger, he said, “deserved high marks for the quality of its prose, but lacks the brutal intensity of the Southern context to give that writing its coherence and sustained power ... American Hunger extends Black Boy without enlarging it.” Students and fans of Wright cannot fully appreciate him as a writer or a man without acknowledging his political as well as literary life. Wright was a part of the communist movement and an expatriate. Claudia Tate wrote in the College Language Association journal that “when The Outsider appeared in 1953, even many of Wright's most supportive critics were disappointed by what they perceived to be the intrusion of his politics on his art. They contended that the novel was a literary contrivance based on foreign philosophy and left-wing political theory.” Wright made direct connections between his political work and his artistic work. “Through a Marxist conception of reality and society the maximum degree of freedom in thought and feeling can be gained for the Negro writer,” he said. Marxism, though, was no panacea for Wright; controversy followed him in that arena as well as every other he entered—from Mississippi to Europe and Africa. Wright drew on and opened himself up to many experiences at home and abroad as a writer and a man. From the publication of "Superstition" in Abbott's Monthly Magazine in 1931 until his death in 1960 and after, when both Eight Men and American Hunger were published, his accomplishments transcended the national and racial boundaries that were the grist for his creative mill. The enduring popularity of Richard Wright among lay readers and the academic community alike insures that Richard Wright: Critical Perspectives Past and Present is an important addition to the body of American literary criticism and the newly launched Amistad Literary Series, which is devoted to literary criticism and fiction by and about African-American writers.

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  Toni Morrison: Critical Perspectives Past and Present

  Henry Louis Gates Jr. and Kwame Anthony Appiah

  Toni Morrison has been described by the New York Times as “the closest thing the country has to a national writer.” Her third novel, Song of Solomon, earned her the National Book Critics Circle and the American Academy and Institute of Arts and Letters awards, and was the first novel written by an African-American writer to be selected for the Book-of-the-Month club since Richard Wright's Native Son. With six published novels, two anthologies, a volume of literary criticism, plays, and other published works behind her, she is one of the most celebrated American writers of her time. Henry Louis Gates, Jr., writes in the preface of Toni Morrison: Critical Perspectives Past and Present, coedited with K.A. Appiah, that “Morrison's greatest capacities as a writer are her ability to create a densely lyrical narrative texture that is instantly recognizable as her own, and to make of the particularity of the African-American ‘experience’ the basis for a representation of humanity tout court.” These critical perspectives are reviews from the popular press, essays—by such noted scholars and authors as Houston A. Baker, Jr., author of Workings of the Spirits, and Roberta Rubenstein, author of Boundaries of the Self—and interviews with Morrison that present her own perspective. This unique and revealing collection, which also includes a chronology of her life and career, offers insight and information useful to academic and lay readers alike. The critical essays explain how Morrison's work is influenced by writers such as Gabriel Garcia Marquez, William Faulkner, and James Baldwin; by Biblical scripture; and by Black music and speech rituals. They examine why Morrison's writing is “at once difficult and popular,” says Gates. When Sara Blackburn reviewed Morrison's first novel, The Bluest Eye, for the New York Times, she wrote that the novelist “reaped the benefits of a growing middle-class women's movement that was just beginning to acknowledge the reality of its black and poor sisters. As a result, her novel probably attracted more attention than it otherwise might have in the publishing industry and reviewers.” The factors of her success are debatable, but most agree that her place in the pantheon of the world's greatest literary figures is guaranteed.

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  Zora Neale Hurston: Critical Perspectives Past and Present

  Henry Louis Gates Jr. and Kwame Anthony Appiah

  Of the various signs that the study of literature in America has been transformed, none is more salient than is the resurrection and canonization of Zora Neale Hurston. Twenty years ago, Hurston's work was largely out-of-print, her literary legacy alive only to a tiny, devoted band of readers who were often forced to photocopy her works if they were to be taught ... Today her works are central to the canon of African-American, American, and Women's literatures ... The author of four novels, Jonah's Gourd Vine (1934), Their Eyes Were Watching God (1937),Moses, Man of the Mountain (1939), and Seraph on the Suwanee (1948) two books of folklore -- Mules and Men (1935) and Tell My Horse (1938) an autobiography, Dust Tracks On a Road (1942) and over 50 short stories, essays, and plays, Hurston was one of the most widely acclaimed Black authors for the two decades between 1925 and 1945.

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  Regulation of Lawyers: Statutes and Regulations

  Stephen Gillers and Roy D. Simon Jr.

  This book contains rules regulating the behavior of lawyers and judges. These rules come from many sources: statutes, administrative regulations, rules of evidence and procedure, and, most prominently, ethical codes. These rules continue to grow and change. The 1993 edition of the book has hundreds of changes, some of them substantial, from the 1992 edition. The most important ethical codes for lawyers are those promulgated by the American Bar Association, The ABA’s first effort at codifying ethical rules was the adoption of the Canons of Professional Ethics in 1908. These (as amended) remained in effect—though with diminishing influence—for 62 years. Effective in 1970, the ABA replaced the Canons with the Model Code of Professional Responsibility. Within a few years, every state had adopted the new Code in some form. States varied somewhat in their adoptions, changing a word here or a sentence there, but most of the variations were modest. The only variation that was truly different appeared in California, which rejected or substantially revised many of the Model Code’s Disciplinary Rules and deleted all of the Ethical Considerations. In 1977, the President of the American Bar Association appointed a new commission to prepare a new set of rules. That commission soon became known as the Kutak Commission, after Robert J. Kutak, an energetic and visionary lawyer from Omaha, Nebraska, who chaired the commission until his death in early 1983. After much debate and several drafts, the ABA House of Delegates approved the Model Rules of Professional Conduct on August 2, 1983. It is often instructive to compare the Model Rules as adopted with parallel provisions in the Kutak Commission’s drafts. Many of these parallel provisions are contained in the Legislative History sections following each Model Rule. It is also often instructive to compare the Model Rules as adopted with state variations governing the same conduct. The states have been giving careful attention to the Model Rules. As of fall 1992, more than 35 states and the District of Columbia have adopted all or significant portions of the Model Rules. Several states, including New York, Oregon, Vermont, and Massachusetts, have rejected the Model Rules. New York, however, has amended its Code to include provisions of the Model Rules. California also has chosen not to adopt the Rules, but has amended its Rules of Professional Conduct to incorporate Model Rules provisions. This book contains both the amended California Rules and the amended New York Code of Professional Responsibility. It also contains important statutory material from both California and New York and the New York court rules for sanctioning lawyers. Many states that have adopted the Model Rules have deviated from its “model” text in significant ways. Sometimes a state will opt for language derived from a draft of the Model Rules. Sometimes a state will choose to retain language contained in the Model Code of Professional Responsibility. Some jurisdictions, like Virginia, have adopted some provisions of the Model Rules but have retained the Code’s format. We have identified interesting state variations on particular Model Rules in a section called “Selected State Variations” following each Model Rule. While we have presented variations from dozens of American jurisdictions, we have concentrated on these: Arizona, District of Columbia, Florida, Georgia, Illinois, Michigan, Missouri, New Jersey, North Carolina, Pennsylvania, Texas, and Virginia. Several areas in which we see significant variation among jurisdictions or between drafts of the Model Rules and the final document include conflicts of interest (Rules 1.7, 1.8, 1.9, 1.10, and 1.11); fairness to opposing parties and counsel (Rule 3.4); relationships between lawyers and nonlawyers (Rule 5.4); and pro bono service (Rule 6.1). Two dominant concerns underlie the provisions containing these variations. The first concern is the proper scope of the lawyer’s loyalty to current and former clients, including the scope of the lawyer’s duty to protect client confidences. Competing demands on this loyalty come from the justice system, third person, other clients, and the lawyer’s personal or financial interests. The second concern is competition, from within and from outside the profession, in marketing and profiting from legal services. One question is whether nonlawyers. One question is whether nonlawyers should be permitted to invest in or share profits from organizations that sell legal services for a profit. This question brings up competition between lawyers and persons outside the legal profession. Another question is what limits should be placed on the ways in which lawyers compete with other lawyers. This question addresses issues of lawyer advertising and solicitation. Recently, a tangential issue has emerged: Should lawyers be permitted to own “ancillary” non-law businesses (such as title insurance companies, investment advisors, and real estate developers) that serve both clients and non-clients? By a slim vote, the ABA said “no” when it adopted Rule 5.7 in 1991. But only a year later, again by a slim margin, the ABA reversed course and said “yes,” repealing Rule 5.7. The areas we have identified are, we believe, those where controversy was most prominent and variation among jurisdictions most frequent and pronounced. But other provisions of the Model Rules were also seriously debated and are also the subject of variation among the states. As we show in the Legislative History sections for each Model Rule, the Kutak Commission’s early drafts usually differed markedly from the Rules as finally adopted. And as we show in the Selected State Variations sections for each Model Rule, the states have often adopted divergent provisions. The legislative history and the selected state variations for each Rule, together with our extensive California and New York materials, should thus dispel any misconception that the ABA Model Rules are “the rules.” The Model Rules are influential, but they continue to generate considerable disagreement. To make it easier to roam within the Model Rules, each Rule is followed by a list of cross-references identifying every other Rule or Comment that mentions the annotated Rule. These cross-references should help readers appreciate each Rule’s implications throughout the Rules as a whole. The Model Rules are only one source of authority and guidance within the legal profession. As our Related Materials show, lawyers may be subject to many obligations and restrictions beyond those imposed by the Model Rules. In addition, the Model Rules give little or no guidance in many areas of practice. We have therefore included other sources of authority such as federal statutes and regulations, rules of evidence and procedure, the tentative Restatement of Law Governing Lawyers (still in progress), and recently emerging creeds of courtesy and professionalism. We have also reprinted all or significant parts of several specialized codes, such as the ABA Standards for Criminal Justice, the ABA Standards of Practice for Lawyer Mediators in Family Disputes, the Bounds of Advocacy of the American Academy of Matrimonial Lawyers (whose Reporter was Professor Robert Aronson of the University of Washington Law School), the Code of Conduct for Lawyers in the European Community, a statement of good practices for law professors from the Association of American Law Schools, the Ethical Standards of Professional Conduct of the Society of Professionals in Dispute Resolution, and the Federal Bar Association’s Model Rules of Professional Conduct for Lawyers. Finally, judges are subject to special regulations beyond those that govern practicing lawyers. Some of these are in statutory law, such as §455 of title 28 of the United States Code. Others are in codes of judicial ethics. The most prominent ethics code is the ABA’s Code of Judicial Conduct, first promulgated in 1972 and adopted by 47 states and the District of Columbia. In 1990 the ABA revised the Code of Judicial Conduct. Although the revised document has not yet seen significant adoption, we reprint it rather than its predecessor, because it addresses issues the earlier Code ignored. Part III of the Report of the ABA Standing Committee recommending the new Code highlights principal changes from the predecessor. We reprint this part of the Report so readers can readily identify the significant revisions. In sum, this book presents a wide range of statutes, rules, regulations, and model codes that govern lawyers and judges. We have aimed to make these materials accessible and understandable, and to give readers an appreciation for the rich and variegated landscape of the regulations of lawyers.

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  The Anatomy of Antiliberalism

  Stephen Holmes

  Liberal: spoken in a certain tone, heard more and more often lately, it summons up permissiveness, materialism, rootlessness, skepticism, relativism run rampant. How has liberalism, the grand democratic ideal, come to be a dirty word? This book shows us what antiliberalism means in the modern world—where it comes from, whom it serves, and why it speaks with such a forceful, if ever-changing, voice. In the past, in a battle pitting one offspring of eighteenth-century rationalism against another, Marxism has been liberalism’s best known and most vociferous opponent. But with the fall of Communism, the voices of ethnic particularism, communitarianism, and religious fundamentalism—a tradition Stephen Holmes traces to Joseph de Maistre—have become louder in rejection of the Enlightenment, failing to distinguish between the descendants of Karl Marx and Adam Smith. Holmes uses the tools of the political theorist and the intellectual historian to expose the philosophical underpinnings of antiliberalism in its nonmarxist guise. Examining the works of some of liberalism’s severest critics—including Maistre, Carl Schmitt, Leo Strauss, and Alasdair MacIntyre—Holmes provides, in effect, a reader’s guide to antiliberal culture, in all its colorful and often seductive, however nefarious, variety. As much a mindset as a theory, as much a sensibility as an argument, antiliberalism appears here in its diverse efforts to pit “spiritual truths” and “communal bonds” against a perceived cultural decay and moral disintegration. This corrosion of the social fabric—rather than the separation of powers, competitive elections, a free press, religious tolerance, public budgets, and judicial controls on the police—is what the antiliberal forces see as the core of liberal politics. Against this picture, Holmes outlines the classical liberal arguments most often misrepresented by the enemies of liberalism and most essential to the future of democracy. Constructive as well as critical, this book helps us see what liberalism is and must be, and why it must and always will engender deep misgivings along with passionate commitment.

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  United States Economic Measures against Cuba: Proceedings in the United Nations and International Law Issues

  Michael Krinsky and David Golove

  The materials collected here represent the first systematic attempt to offer interested readers a balanced and scholarly account of the use of economic sanctions against Cuba; their evolution, their scope, and their problematic character under international law. In highlighting the pertinent issues of international law, making available inaccessible documentary materials, and providing interpretive and explanatory editorial guidance, this volume makes a significant contribution to a critical understanding of official U.S. policy toward Cuba, especially as assessed from the perspective of international law.

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  Costly Policies: State Regulation and Antitrust Exemption in Insurance Markets

  Jonathan R. Macey and Geoffrey P. Miller

  Examines the business of insurance which is exempt by law from federal antitrust regulation in the USA. This volume looks at the general pattern of regulatory federalism for the insurance industry, and considers the application of the law outside the antitrust area.

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  Henry's Wars and Shakespeare's Laws: Perspectives on the Law of War in the Later Middle Ages

  Theodor Meron

  Shakespeare's Henry V has traditionally been acclaimed for its impressive depiction of the psychological and political impact of warfare, and it remains one of the most widely-discussed plays in the canon. In this highly original, scholarly, and thought-provoking study Professor Meron uses rare medieval ordinances and other medieval and Renaissance historical and legal sources to provide challenging new contexts for Shakespeare's famous play. The result is a gripping account of how Henry V and other 'Histories' dramatically articulated complex medieval and Renaissance attitudes to warfare and the conduct of nations and individuals in time of war. The author uses the play and the campaign itself as a frame for the examination of the medieval laws of war, and examines stability and change in attitudes towards the laws of war.