Faculty Books & Edited Works

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Other Minds: Critical Essays, 1969-1994

Thomas Nagel

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

Robert S. Pindyck and Daniel L. Rubinfeld

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

Richard L. Revesz and Richard B. Stewart

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

Daniel N. Shaviro

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

Richard B. Stewart

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

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

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

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

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

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

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

Michael J. Trebilcock and Robert L. Howse

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

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

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

Philip G. Alston

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

Philip G. Alston

The debate on the need for a Bill of Rights is one of the most important in contemporary Australia. While the subject is still controversial it appears clear that there has recently been a growing acceptance that such a development is necessary to protect certain fundamental human rights—rights which are either inadequately protected by existing constitutional or legislative provisions, or the protection of which is subject to considerable uncertainty. This collection of articles represents a timely and important contribution to t a debate which must continue—and ultimately produce results. It is beyond question that our current legal system is seriously inadequate in protecting many of the rights of the most vulnerable and disadvantaged groups in our community.
Nobody Likes Letitia

Kwame Anthony Appiah

A second murder mystery for eminent barrister and amateur sleuth, Sir Patrick Scott, first encountered in Avenging Angel.
Ann Petry: Critical Perspectives Past and Present

Kwame Anthony Appiah and Henry Louis Gates Jr.
Frederick Douglass: Critical Perspectives Past and Present

Kwame Anthony Appiah and Henry Louis Gates Jr.
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.
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.
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.
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.
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,
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.
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.
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.
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.
Chinua Achebe: Critical Perspectives Past and Present

Kwame Anthony Appiah and Henry Louis Gates Jr.