-
Conscience and the Constitution: History, Theory, and Law of the Reconstruction Amendments
David A.J. Richards
At stage center of the American drama, maintains David A. J. Richards, is the attempt to understand the implications of the Reconstruction Amendments--Amendments Thirteen, Fourteen, and Fifteen to the United States Constitution. Richards evaluates previous efforts to interpret the amendments and then proposes his own view: together the amendments embodied a self-conscious rebirth of America's revolutionary, rights-based constitutionalism. Building on an approach to constitutional law developed in his Toleration and the Constitution and Foundations of American Constitutionalism, Richards links history, law, and political theory. In Conscience and the Constitution, this method leads from an analysis of the Reconstruction Amendments to a broad discussion of the American constitutional system as a whole. Richards's interpretation focuses on the abolitionists and their radical commitment to the "dissenting conscience." In his view, the Reconstruction Amendments expressed not only the constitutional arguments of a particular historical period but also a general political theory developed by the abolitionists, who restructured the American political community in terms of respect for universal human rights. He argues further that the amendments make a claim on our generation to keep faith with the vision of the "founders of 1865." In specific terms he points out what such allegiance would mean in the context of present-day constitutional issues.
-
United Nations, Divided World: The UN's Roles in International Relations
Adam Roberts and Benedict Kingsbury
This book, highly praised as an authoritative assessment of the United Nations and its place in international relations, brings together distinguished academics and senior UN officials in a clear and penetrating examination of how the UN has developed since 1945. It examines the UN's various roles in addressing long-standing and difficult problems in the relations of states in such fields as international security, human rights, international law, and economic development. This extensively revised, updated, and expanded edition takes into account a wide range of developments in a world which remains very much divided: the rapid expansion of UN peacekeeping and election-monitoring activities; the consequences of the collapse of communist rule in eastern Europe and the Soviet Union; the 1990-1 Gulf conflict and its aftermath; attempts at settlement of many regional conflicts; UN involvements in fractured societies, including Cambodia, Somalia, and former Yugoslavia; and the increased focus on the political and resource limits of the UN's capabilities. This edition also takes full account of new sources, writings, and debates. There are four completely new chapters, by Patricia Birnie (environmental protection), Sally Morphet (peacekeeping), Brian Urquhart (post-Cold War security), and Peter Wilenski (the UN's structure). An appendix contains the full text of Secretary-General Boutros-Ghali's important report, An Agenda for Peace, to which he has added an introduction for this book. United Nations, Divided World is also a key reference work. The appendices include a bibliography and the complete text of the UN Charter, with all amendments. They also include lists of member states and their assessed contributions, Secretaries-General, UN peacekeeping and observer forces, and judgments and opinions of the International Court of Justice.
-
Federalism in Taxation: The Case for Greater Uniformity
Daniel N. Shaviro
While the European Community is moving toward more uniform internal taxation, the United States in moving in the opposite direction. The relative prominence of state and local taxes is steadily increasing, together with the power of state and local governments to export tax burdens, impose high tax-planning and compliance costs on national businesses, and discriminate against interstate commerce. While arguing for greater national uniformity in taxation, the author recognizes that diversity in policy should reflect varying local preferences and preserve competition between state and local governments for businesses and residents. He believes that a proper balance between these ends and locational neutrality requires confining interstate tax competition largely to tax rates. The volume concludes with detailed suggestions for congressional action or, as an alternative, more stringent judicial review of state and local taxes that affect interstate commerce.
-
Passive Loss Rules
Daniel N. Shaviro
Prior edition of Tax Management Portfolio, Passive Loss Rules, No. 549-2d.
-
Liberal Rights: Collected Papers 1981-1991
Jeremy Waldron
This volume brings together a wide-ranging collection of the papers written by Jeremy Waldron, one of the most internationally highly-respected political theorists writing today. The main focus of the collection is on substantive issues in modern political philosophy. The first six chapters deal with freedom, toleration, and neutrality and argue for a robust conception of liberty. Waldron defends the idea that people have a right to act in ways others disapprove of, and that the state should be neutral vis-a-vis religious and ethical systems. The chapters that follow are concerned with socio-economic rights. Waldron argues that poverty and homelessness are not to be understood apart from the value of freedom. On the contrary our moral response to them should be based on the same values that underlie traditional liberal philosophy. The volume is a tribute to the resources and unity of the liberal political tradition.
-
The United Nations and Human Rights: A Critical Appraisal
Philip G. Alston and Frédéric Mégret
Human rights is a principal field of international cooperation in the world of the 1990s, with the United Nations as the central focus of these efforts, with the major challenge for the 1990s being to provide effective procedures and mechanisms both for sustained monitoring and for rapid and constructive responses to violations. This work examines the functions, procedures, and performance of each of the major bodies of the United Nations which deal with human rights. They also look at the relationships among the various organs and the potential for major reforms and restructuring. The contributors have all been close and active participants in the United Nations and include Declan O'Donovan, Laura Reanda, Roberta Jacobson, Andrew Byrnes, and Virginia A. Leary.
-
Children, Rights, and the Law
Philip G. Alston, Stephen Parker, and John Seymour
In November 1989 the General Assembly of the United Nations adopted the Convention on the Rights of the Child, heralding the arrival of a new era in the development of children's rights. Using the Convention as a framework, this volume re-evaluates the advantages and disadvantages of approaching issues of children's welfare and well-being through the lens of a “rights” approach. The authors take a fresh look at these issues, with specific reference to an international treaty that is certain to be ratified by a very large number of countries in every region of the world and which will soon be legally binding in many states. The contributors are Tom Campbell, Onora O'Neill, Michael Freeman, Ngaire Naffine, Margaret Coady, Tony Coady, Sheila McLean, Frances Olsen, and John Eekelaar.
-
Municipal Debt Finance Law: Theory and Practice
Robert S. Amdursky and Clayton P. Gillette
Municipal Debt Finance Law: Theory and Practice provides an examination of the legal principles underlying the issuance of debt by states and their political subdivisions. The book provides in-depth analysis of the conditions that must be satisfied prior to issuance of debt; state constitutional restrictions on the issuance of debt, such as the public purpose requirement, The prohibition on lending of credit, and debt limitations; the rights of bondholders; and federal regulation of municipal securities.
-
In My Father's House: Africa in the Philosophy of Culture
Kwame Anthony Appiah
The beating of Rodney King and the resulting riots in South Central Los Angeles. The violent clash between Hasidim and African-Americans in Crown Heights. The boats of Haitian refugees being turned away from the Land of Opportunity. These are among the many racially-charged images that have burst across our television screens in the last year alone, images that show that for all our complacent beliefs in a melting-pot society, race is as much of a problem as ever in America. In this vastly important, widely-acclaimed volume, Kwame Anthony Appiah, a Ghanaian philosopher who now teaches at Harvard, explores, in his words, the possibilities and pitfalls of an African identity in the late twentieth century. In the process he sheds new light on what it means to be an African-American, on the many preconceptions that have muddled discussions of race, Africa, and Afrocentrism since the end of the nineteenth century, and, in the end, to move beyond the idea of race. In My Father's House is especially wide-ranging, covering everything from Pan Africanism, to the works of early African-American intellectuals such as Alexander Crummell and W.E.B. Du Bois, to the ways in which African identity influences African literature. In his discussion of the latter subject, Appiah demonstrates how attempts to construct a uniquely African literature have ignored not only the inescapable influences that centuries of contact with the West have imposed, but also the multicultural nature of Africa itself. Emphasizing this last point is Appiah's eloquent title essay which offers a fitting finale to the volume. In a moving first-person account of his father's death and funeral in Ghana, Appiah offers a brilliant metaphor for the tension between Africa's aspirations to modernity and its desire to draw on its ancient cultural roots. During the Los Angeles riots, Rodney King appeared on television to make his now famous plea: People, can we all get along? In this beautiful, elegantly written volume, Appiah steers us along a path toward answering a question of the utmost importance to us all.
-
Cases and Materials on European Community Law
George A. Bermann, Roger J. Goebel, William J. Davey, and Eleanor M. Fox
A study of European Community law, always of interest since its creation, has taken on special importance in recent years. As the Community achieves its goal of an internal market and debates the ratification of the Maastricht Treaty, which would add new dimensions to its programs and policies, American lawyers and law students naturally seek to learn more about the Community. This casebook is intended to provide a basic understanding of the Community, its structure, goals, fields of action, achievements and aspirations, as well as to lay a foundation for further research, analysis and legal writing. There are many valid reasons to study Community law. We present here three of the most important ones. The most pragmatic reason is that the Community has become the largest trading partner of the US, constitutes the largest single market in the world, and represents a major site of investment for US firms. US lawyers, both international house counsel and outside counsel, can no longer afford to possess only a limited knowledge of Community structure, law-making processes, and substantive law. Community competition and trade law have long been staples of international practice. Today, the European Community’s harmonization of health, safety and technical standards, banking, securities and company law, environmental and consumer protection measures, and action in the fields of agricultural and social policy represent matters of practical concern to US lawyers. The Community’s efforts to move towards an economic and monetary union are also of great importance to the international business and legal world. Second, Community law is a rewarding field for comparative law study. This has long been true in competition and trade law, where academics and practitioners have found provocative points of comparison and contrast. Today a rich source of comparative study is to be found in the Community programs for harmonization of laws. In some fields, as in competition, environmental and securities law, the Community has been significantly influenced by US models, but still strikes certain different notes. In other fields, such as banking, company law, consumer protections and social policy, the Community has taken quite a different path from that of US law. The divergences between US and Community law should provoke thoughtful reflection on the context and underlying values of each system. Third, Community law provides a laboratory for study of law formation: the development of an entire legal system in modern times. The study includes the Community’s constitutional framework, its institutions, substantive legislation and judicial law, and the constant interplay of policy and politics in an evolving federal system, one comprised of nations having many commonalities but also divergent legal systems, demographics and interests. The casebook reward the student who has come to the course for any or all of these reasons. The book covers virtually all major fields of Community law. (We regret that space considerations prevented inclusion of certain important topics, such as public procurement, transport and the Convention on Jurisdiction and Judgments.) The notes and questions have been crafted to facilitate reflection on how and why the Community institutions, and especially the Court, have reached their conclusions. The text and notes make numerous comparisons with US law. The authors hope that the reader will achieve not only a good comprehension of Community law but also a critical one. The casebook is intended for use in US law schools, but it may also be suitable for faculties in Europe and elsewhere. Our casebook follows traditional US teaching methods which give central attention to primary materials such as legislation and court judgments, inviting students to examine these materials critically through focused questions. Accordingly, Court of Justice judgments and Community legislation are subjected to the same kind of analytic review as US laws and Supreme Court opinions would be in a standard constitutional law casebook. We hope that European professors and students will find that the process of analytic examination of judgments and legislation through questions will assist in a more reflective comprehension of Community rules and judicial doctrines. The authors also wish to make a comment on the casebook treatment of the Maastricht Treaty of European Union (TEU). We have carefully integrated the modifications produced by the TEU into the relevant textual coverage in order to facilitate an appraisal of the Community in its proposed new form. We have, of course, identified the TEU modifications as conditional upon the Maastricht Treaty’s ratification. As of the present date, both the pace and the ultimate outcome of the ratifications process are somewhat in doubt. It is certainly possible that the Maastricht Treaty will be supplemented by additional protocols or interpretive declarations in order to facilitate its ratifications. Many observers believe that the ratifications process has demonstrated a failure of the Member States’ leaders to convey to their citizens the reasons for the proposed Maastricht provisions, and a failure to allay fears of excessive centralization and bureaucratization in the Community. The Documents Supplement, which accompanies the casebook, contains the EEC Treaty, the Single European Act, and the Maastricht Treaty. Because they constitute the foundation of the Community legal system, they should be read in tandem with the casebook. Editors’ notes in the Documents Supplement try to make the interplay between these texts as clear as possible. The Documents Supplement also contains a large sample of important secondary legislation, excerpted lightly and with care. Students will profit from working with these complex legislative texts. The accessibility of these important Community documents should also be helpful in research. Finally, some comments on class treatment of the text. The casebook’s comprehensive coverage provides instructors with a variety of options to satisfy different course objectives. For a basic survey course (two or three credits), we recommend that most of Parts I and II be covered, because they are critical to a fundamental understanding of the Community. Obviously, parts of chapters or entire chapters can be omitted, especially in a two-credit course. We also recommend that a basic survey include Chapter 18 on competition policy, Chapter 26 on external relations and at least one chapter from Part V, such as environmental protections and consumer rights or equal rights for women. There should be sufficient time in a basic survey course to permit coverage of further chapters in either competition policy or trade policy, but not both, because the textual treatment of each topic is lengthy and complex. It is possible to teach a variety of advanced courses making use of parts of the casebook. For example, a course could concentrate entirely on Community competition and trade law, Parts III and IV. In the alternative, one could construct a comparative competition law or trade law course, using the relevant part of the casebook together with materials on US or other nations’ antitrust or trade law. And advanced course might also center on the Community’s integrated internal market, including the chapters on harmonization of laws, services, establishment and capital from Part II and the social policy, environmental and consumer rights, and monetary union chapters from Part V. Finally, a course in comparative federalism might take selected portions of the casebook and add US, Canadian, German, Swiss or other materials. We hope that the casebook will prove easy to use and highly instructive, and that it will stimulate further scholarship centered on this rich field of study, the European Community.
-
Administrative Law and Regulatory Policy: Problems, Text, and Cases
Stephen G. Breyer and Richard B. Stewart
In this Third Edition, we have revised the Casebook to take account of new cases, changing doctrine, and new problems facing those who administer the federal government. We call attention her to three major ways in which we have changed the materials. First, we have changed, and deepened, the discussion of classical administrative law in light of new cases that affect preexisting doctrine. A host of recent Supreme Court cases, discussing “separation of powers” doctrine (and underscoring the importance of Crowell v. Benson) has led us, for example, to rework and to emphasize our “separation of powers” materials in Chapter Two. Similarly, we have expanded our discussion of “review of law” in Chapter Four to encompass the current debate about the significance of the Chevron doctrine—just what it means and the extent to which it changes prior law. We have added throughout Supreme Court cases that summarize existing law (particularly in the “due process” area), that may foreshadow change, and that provoke thought and discussion. Second, we have modified and enhanced our discussion of substantive health and safety regulation, such as the problem of regulating risk. We have also asked how the Executive Branch can coordinate and control its many agencies when they engage in regulation of this sort, and we point to its efforts to do so through the Office of Management and Budget. Third, we have changed the organization of our discussion of rulemaking and adjudication. We have placed the materials related to this subject in an expanded Chapter Six—which beings with the constitutional distinction between rulemaking and adjudication, then discusses the relevant statutes and case law, and ends with a discussion of the Constitution’s “due process” requirements. We have reorganized in order to achieve additional clarity of presentation. For example, we believe that current “informal rulemaking” law can best be understood by considering in order (a) the limitation of formal rulemaking stemming from Florida East Coast, (b) the subsequent “formalization” of informal rulemaking, (c) the current “disenchantment” with time consuming procedure, and (d) the search for “exceptions.” Our primary objective in revising this chapter, as in making numerous other organizational changes, is clear, coherent presentation of the subject matter for teaching purposes. Our general aim in this edition, of course, remains the same as in our two previous editions. We wish the student to understand Administrative Law, classically conceived as involving questions of procedure and of relations among the courts and other branches of government. We believe, however, that such an understanding is possible only if the student also understands the relation between such questions and substantive regulation. Thus, we continue to use substantive regulatory examples to enrich a basically procedural course. These examples have proved useful in the course that we teach, and we hope they will work for others as well.
-
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.”
-
Forbidden Grounds: The Case Against Employment Discrimination Laws
Richard A. Epstein
This timely and controversial book presents powerful theoretical and empirical arguments for the repeal of the anti-discrimination laws within the workplace. Richard Epstein demonstrates that these laws set one group against another, impose limits on freedom of choice, unleash bureaucratic excesses, mandate inefficient employment practices, and cause far more invidious discrimination than they prevent. Epstein urges a return to the now-rejected common law principles of individual autonomy that permit all persons to improve their position through trade, contract, and bargain, free of government constraint.
-
Regulation of Lawyers: Problems of Law and Ethics
Stephen Gillers
Titles like “Professional Responsibility” and “Legal Ethics” do not fully describe the subject matter of this book. It is a book about the legal profession and about the practice of law. The book includes laws governing the practice of law, rules contained in ethical codes, court rules, and constitutions and, to a lesser extent, behavior that springs from custom and experience. These laws, ethical rules, and customs can be discussed from three perspectives. Perhaps most immediate for those about to enter on a legal career are the rules that constrain working lawyers. 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 or in a civil lawsuit and, sometimes more important, will not damage your reputation among your peers? The second perspective of the book is the relationship between the profession and society. The rules lawyers impose on themselves or that are imposed on them, taken together, define the nature and operation of the entire profession, and therefore, to an extent, the behavior of our legal institutions and the quality of our social justice. For example, a rule that allows lawyers to advertise certain kinds of information 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 the client will control the lawyer’s individual conduct, but it may also affect which client populations use lawyers and how. In short, nearly every rule, whatever its source, has social and political consequences beyond any single representation, although there is often disagreement both 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 more than 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, political and moral values of different people differ substantially, sometimes diametrically. Furthermore, in addressing these questions, we are likely to make a threshold determination, conscious or not, of the extent to which we want the answers to further our self-interest. However we couch our responses, in truth whose best interests do 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 kinds of questions that will be raised here. In transition as you are, your answers to many of the questions raised in this book will likely vary from what they would have been before you entered law school and may change again when you become a practicing lawyer. At the outset I wrote that rules governing the practice of law can be discussed from three perspectives, and 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 injustice may cause great discomfort to 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. Can we reconcile these two positions, not intellectually or theoretically but personally, within ourselves? A similar point can be made with regard to the rule that requires lawyers zealously to pursue the lawful goals of their clients, even if those goals (or the legal strategies to achieve them) offend the lawyer’s values. Conflict between work life and private life also arises in another way. It concerns not the particular deeds that a lawyer may be called on to perform for a client and that he or she might find morally repugnant if performed outside the professional role, but the way that professional service (and the culture of law practice) affect other aspects of a lawyer’s life. Most obvious is the clash between job and family. For example, does the profession allow people to reach its higher rungs and also be conscientious and responsible parents? A second issue is the possible discrepancy between the qualities of personality that law office culture tends to reward and the ones encouraged elsewhere. Do you have to learn behavior to survive in professional environments that will make you downright unpleasant in social and familial ones—unless you also learn to “leave it at the office”? (One thinks of the common criticism from a lawyer’s lay relatives: “Oh, stop talking like a lawyer!”) When the first edition of this book appeared seven years ago, little had been written about these conflicts. Now there is much more, though not perhaps as much as appears about Rule 10b-5, Rule 11, or the rule against hearsay. But they are important matters, and we shall speak of them again.
-
Regulation of Lawyers: Statutes and Regulations with Recent Supreme Court Decisions
Stephen Gillers and Roy D. Simon Jr.
The purpose of this book is to make law school courses in professional responsibility more interesting. To accomplish this purpose, we have made this statutory supplement different from other available supplements for professional responsibility courses. This preface explains what makes our book different. The ABA Model Rules of Professional Conduct Many jurisdictions have now adopted the ABA Model Rules of Professional Conduct in some form, and most law schools make the Model Rules an important component of their professional responsibility courses. We have therefore concentrated on adding depth and perspective to the Model Rules. We have given them depth by providing internal cross-references, legislative histories, and interesting state variations after each Rule. We have put the Rules in perspective by citing or describing related authorities after each Rule. A quick glance at virtually any Model Rule will show how the features discussed below will enhance your understanding of the Model Rules. Cross-References in the Rules: After each Model Rule, we have quoted every cross-reference to that Rule appearing elsewhere within the text or comments to the Model Rules. These cross-references illustrate each Rule’s implications throughout the Rules as a whole. Legislative History: The Model Rules have a rich legislative history. Drafts were circulated to the bar in 1980, 1981, and 1982. Where these drafts differ significantly from a Rule as finally adopted, we have included them in a Legislative History section after each Rule. This legislative history will help students to understand the choices that the ABA made in adopting the Rules. State Variations: More than 35 jurisdictions have now adopted the Model Rules (or significant provisions from them) in some form, but there are notable variations among the jurisdictions, especially with respect to such crucial matters as conflicts and confidentiality. We have quoted interesting selections from various jurisdictions following each Rule. We have paid special attention to nine Rules jurisdictions and also to New York, which amended its version of the Code of Professional Responsibility in 1990, and to California, which has a unique set of rules and statutes. These state variations graphically illustrate the disagreements over how lawyers should conduct themselves and will provoke heated class discussions about the best way of treating particular issues. Related Materials: Law school courses in professional responsibility typically focus on the ABA Model Rules of Professional Conduct. Students therefore may not realize that there are also many other sources of guidance for lawyers. These other sources of guidance include statutes, cases, regulations, court rules, rules of evidence and procedure, and specialized or alternative codes of ethics. The Related Materials sections following each Model Rule call attention to many of these other sources. We have also reprinted many of them elsewhere in our book, including the ABA Standards for Criminal Justice, attorney-client privilege materials, a Code of Professional Responsibility for Matrimonial Lawyers, Standards of Practice for Lawyer Mediators in Family Disputes, ethical standards for neutrals in dispute resolution, a Code of Ethics for Arbitrators in Commercial Disputes, sanctions from the Federal Rules of Civil and Appellate Procedure, several creeds of courtesy and professionalism, and some 1989, 1990, and 1991 Supreme Court cases. In addition, our Related Materials sections quote many provisions from the American Lawyer’s Code of Conduct, which contains interesting alternative ideas, and from the old ABA Canons of Professional Ethics, which governed American lawyers from 1908 until 1970. Taken together, these related materials should impress upon students that ta state’s rules of professional conduct are but one of many sources that scholars and lawyers should research when deciding what is or should be required in a given situation. To put all of these materials in context, we have written brief introductions to each chapter of the book. We have also written an introductory essay giving an overview of the entire filed of regulation of lawyers, with special emphasis on the ABA Model Rules and Model Code, including their legislative history and the patterns in state variations. New York and California Materials In California, substantially revise Rules of Professional Conduct took effect on May 27, 1989. After each ABA Model Rule, our State Variations sections cite the comparable sections of the California rules of Professional Conduct and the California Business and Professions Code. Conversely, for each sections of the California Rules of Professional Conduct, we have cited comparable or related provisions in the ABA Model Rules, the California and Business Professions Code, and the old California Rules (which were in effect from 1975 until May 27, 1989). In New York, a substantially revised Code took effect on September 1, 1990. Our State Variations sections indicate whether New York’s new Code provisions differ in any significant way from the ABA Model Code of Professional Responsibility. Wherever New York’s comparable Code provision differs from the ABA Model Code, we have reprinted the New York provision in our New York materials. Some Changes in the 1992 Edition This edition of the book contains many changes that will make it more useful. Among them are: Expanded comparative coverage by highlighting significant differences in ethics rules in nine jurisdictions in addition to the comprehensive treatment of rules in California and New York. New ABA Rule 5.7, amended Rule 8.3(c), can excepts from corresponding Committee Reports. The Model Rules of Professional Conduct for Federal Lawyers, adopted by the Federal Bar Association in 1990 to replace the Federal Ethical Considerations. Significant provisions appear under Related Materials to the Model Rules. The 1990 and 1991 changes in Chapters 4, 5, and 8 of the ABA Standards for Criminal Justice. Provisions from drafts of the ALI’s Restatement of the Law Governing Lawyers, contained in the Related Materials sections under the Model Rules. The Restatement’s attorney-client privilege rules appear at pages 536-541. Proposed amendments to the California Rules of Professional Conduct. Of particular interest is a proposed new rule on sexual relations between lawyers and clients that would be the first of its kind in the nations. The ABA Canons of Professional Ethics, which are found in the Related Materials. A new table cross-references them to the Model Rules. Our Theme throughout the volume, our theme is simple: The ABA Model Rules are an important voice in the legal profession—but they are only one voice. The drafts, the state variations, and other sources show that there are other ways of addressing issues. Moreover, sometimes the Model Rules resolve only a few of the questions in the areas they cover, leaving many other questions wholly unaddressed. The job of the legal profession is to debate and determine the best possible standards for each facet of legal practice. By setting forth a wide variety of materials, and making them accessible through cross-references, we hope to help move the profession toward that goal.
-
Idolatry
Moshe Halbertal, Avishai Margalit, and Naomi Goldblum
“You shall have no other gods besides Me.” This injunction, handed down through Moses three thousand years ago, marks one of the most decisive shifts in Western culture: away from polytheism toward monotheism. Despite the momentous implications of such a turn, the role of idolatry in giving it direction and impetus is little understood. This book examines the meaning and nature of idolatry—and, in doing so, reveals much about the monotheistic tradition that defines itself against this sin. The authors consider Christianity and Islam, but focus primarily on Judaism. They explore competing claims about the concept of idolatry that emerges in the Hebrew Bible as a “whoring after false gods.” Does such a description, grounded in an analogy of sexual relations, presuppose the actual existence of other gods with whom someone might sin? Or are false gods the product of “men’s hands,” simply a matter of misguided belief? The authors show how this debate, over idolatry as practice or error, has taken shape and has in turn shaped the course of Western thought—from the differentiation between Jewish and Christian conceptions of God to the distinctions between true and false belief that inform the tradition of religious enlightenment. Ranging with authority from the Talmud to Maimonides, from Marx to Nietzsche and on to G. E. Moore, this brilliant account of a subject central to our culture also has much to say about metaphor, myth, and the application of philosophical analysis to religious concepts and sensibilities. Its insights into pluralism and intolerance, into the logic and illogic of the arguments religions aim at each other, make Idolatry especially timely and valuable in these days of dark and implacable religious difference.
-
The International Politics of the Environment, Actors, Interests, and Institutions
Andrew Hurrell and Benedict Kingsbury
The most pressing environmental issues, such as global warming, ozone depletion, water and air pollution, deforestation, and the loss of biodiversity generate enormous tasks for science, technology, and economic and social organization. But the seriousness and global scale of these problems also pose new challenges for international relations and demand new forms of co-operation between states. Is such co-operation possible? How can states negotiate workable international environmental agreements and implement them effectively? This book brings together leading specialists to assess the strengths, limitations, and potential of the international political system for global environmental management. Overview chapters examine the processes of international environmental negotiation, law-making, and regime formation, and explore the difficulties of implementation and enforcement. Experts close to particular institutions consider the environmental and developmental roles of the United Nations, the World Bank, and the European Community. Other chapters explore the conflicts of interest between states, especially between North and South, the increasingly central role of NGOs, and the problems of economic analysis and decision-making in the face of uncertainty, with particular reference to global climate change. Case studies of Brazil, Japan, and the United States explore critical factors influencing international environmental policy. This collection provides an authoritative and timely analysis of the political, economic, and moral issues at stake in international environmental co-operation.
-
Banking Law and Regulation
Jonathan R. Macey and Geoffrey P. Miller
This is a book about banking law and regulation. By “banking law” we mean not only the law applicable to traditional commercial banks, but also the pattern of regulation governing other depository institutions (institutions that accept checking account deposits from customers) such as savings and loans, savings banks, and credit unions. Reference will also occasionally be made to other types of financial institutions such as securities firms, pension funds, and life insurance companies, which are increasingly offering “bank-like” services. Accordingly, the scope of the book is broader than traditional commercial banks. At the same time, we do not treat all legal issues affecting the business of depository institutions. Banks and thrifts confront many thorny questions in the handling of negotiable instruments such as checks. We leave the legal rules applicable to negotiable instruments to course on the Uniform Commercial Code. Banks also face a variety of legal problems in making and collecting on loans; for the most part these problems are also outside the scope of this book, although we do treat the burgeoning question of lender liability in Chapter 3. Finally, banks like other firms, must comply with all sorts of federal and state regulations applicable to businesses generally, such as rules regulating securities issuance, prohibiting discrimination in employment, governing relationships with unions, and much more. These topics are treated in the relevant substantive law courses such as securities regulation, employment discrimination, and labor law. This book is structured as follows. Chapter 1 provided and introduction and overview, including a discussion of banking history, which in our opinion is essential to an understanding of the current structure of banking regulation. Chapters 2 and 3 consider the regulations governing entry into the business of banking and regulator limitations on the business operations of banking institution. Chapter 4 expands the coverage to consider the regulation of bank holding companies and their coverage to consider the regulation of bank holdings companies and their affiliates. Chapter 5 treats geographic restrictions on bank expansion. Chapter 6 discusses the securities powers of banks, one of the most controversial contemporary issues in bank regulation. Chapter 7 examines regulatory enforcement powers, and Chapter 8 looks at bank failure. Finally, Chapter 9 addresses the topic of international banking and the ever-increasing “globalization” of financial institutions law. Accompanying this book is a statutory supplement. Because banking law is so heavily statutory in focus, frequent reference to the governing legislation is essential. Although the casebook quotes key language from the most important statues, a full understanding of banking law requires close reading of all the relevant statutes. Accordingly, we encourage students to study the statutory language carefully as well.
-
Microeconomics
Robert S. Pindyck and Daniel L. Rubinfeld
This book is well known for its coverage of modern topics (Game theory, Economics of Information, and Behavioral Economics), clarity of its writing style and graphs, and integrated use of real world examples. The emphasis on relevance and application to both managerial and public-policy decision-making are focused goals of the book. This emphasis is accomplished by including MANY extended examples that cover such topics as the analysis of demand, cost, and market efficiency; the design of pricing strategies; investment and production decisions; and public policy analysis. Economists and strategists looking to stay current with economic information.
-
Human Morality
Samuel Scheffler
Some people believe that the demands of morality coincide with the requirements of an enlightened self-interest. Others believe that morality is diametrically opposed to considerations of self-interest. This book argues that there is another position, intermediate between these extremes, which makes better sense of the totality of our moral thought and practice. Scheffler elaborates this position via an examination of morality's content, scope, authority, and deliberative role. Although conflicts between morality and self-interest do arise, according to this position, nevertheless morality is fundamentally a reasonable and humane phenomenon. Moreover, the psychological bases of effective moral motivation have sources deep within the self, and morally motivated individuals try to shape their own interests so as to avoid conflict with morality. Since human practices and institutions help to determine the prevalence of these motives, and since in this and other ways they influence the degree to which conflicts between morality and self-interest actually occur, the extent of such conflict is not fixed or immutable, and is in part a social and political issue.
-
The Bill of Rights in the Modern State
Geoffrey R. Stone, Richard A. Epstein, and Cass R. Sunstein
Although the Bill of Rights has existed for two hundred years, the last half century has seen dramatic changes in its meaning and scope. The essays collected in this volume represent the full range of views and interpretations of what these first ten amendments to the U. S. Constitution mean today as guarantors of individual rights. The contributors to this volume are among the most prominent constitutional scholars in the country. Most of the essays are grouped in pairs, each of which offers conflicting positions on current constitutional controversies, including property rights, freedom of religion, freedom of speech, levels of generality in constitutional interpretation, and unenumerated rights. The contributors are: Bruce Ackerman, Mary E. Becker, Ronald Dworkin, Frank H. Easterbrook, Richard A. Epstein, Charles Fried, Mary Ann Glendon, Philip B. Kurland, Frank J. Michaelman, Michael W. McConnell, Richard A. Posner, Kathleen M. Sullivan, John Paul Stevens, David A. Strauss, and Cass R. Sunstein.
-
The UN Children's Convention and Australia
Philip G. Alston and Glen Brennan
The theme running through all of the papers is that while ratification of the Convention is one thing; its implementation is quite another. In other words, while formal acceptance of the obligations contained in the Convention is a relatively straightforward process, the transformation of its many provisions into Australian law, policy and practice is infinitely more complex and demanding. The papers in this volume seek to identify and explore some of the key issues which arise In that regard. In addition, because of the value of comparing Australian approaches to those of some of our peers in the community of nations, international perspectives from Canada, New Zealand, the United Kingdom, and the United States are also included.
-
Avenging Angel
Kwame Anthony Appiah
A fifty-year-old secret leads to murder among the members of an elite Cambridge University society. David Viscount Glen Tannock, handsome scion of a noble Scottish family, was a brilliant and charming student, adored by his friends, admired by his acquaintances. His apparent suicide looks, therefore, like a tragic and inexplicable conclusion to a very promising life. But his cousin, Sir Patrick Scott, a prominent barrister with a reputation as a sleuth, seriously doubts the accepted verdict. With the indulgence of the local constable, Scott digs deep into the University's clannish community. As a member of the ancient and exclusive Cambridge society known as "The Apostles," David had been surrounded by the brightest minds that Cambridge had to offer, a veritable intelligentsia of the ancient college. And because he, too, was an Apostle in his university days, Sir Patrick can call upon this secret network to help in his investigation. When a brilliant scientist, working with fast-acting poisons, is also found dead in his laboratory, Scott knows there's a killer on the loose and that he has a truly Apostolic puzzle to solve. But even his fellow Apostles can't be trusted. A midnight tryst closely observed; a suspicious check for a large amount of money; a poisoned pipe; a Russian connection; a significant lie from the dead youth's tutor; a succession of threatening notes in Latin - all contribute to fears of a murderous plot to wipe out "The Apostles" one by one. Anthony Appiah has produced a marvelously urbane, elegantly written mystery in the best English tradition. Anthony Appiah is a graduate of Cambridge University . He is currently a professor at Duke University in Durham, North Carolina. Avenging Angel is his first novel.
-
Whose New World Order: What Role for the United Nations?
Mara R. Bustelo and Philip G. Alston
Collection of 13 essays by Australian politicians, diplomats and public servants on the future of the United Nations in the wake of the Gulf War and the end of the Cold War. Topics covered include the lessons to be learnt from the conflict, structural change to the United Nations and the role of the UN in international law, economic and social issues, human rights and dispute settlement. Contributors include Senator Gareth Evans, Connie Peck, John Braithwaite and retired UN political adviser Sir Brian Urquhart.
Printing is not supported at the primary Gallery Thumbnail page. Please first navigate to a specific Image before printing.
