Faculty Books & Edited Works

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  Gigs: Jazz and the Cabaret Laws in New York City

  Paul G. Chevigny

  Gigs is the story of a cultural scandal in New York City that lasted for two generations. Paul Chevigny, a noted lawyer who represented musicians in the case documented in this book, examines the persistence of New York’s “cabaret” ordinances as a means of control and repression of popular entertainment.

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  Labor Relations Law in the Public Sector: Cases and Materials

  Harry T. Edwards, R. Theodore Clark Jr., and Charles B. Craver

  The aim of this revision is to bring Labor Relations Law in the Public Sector up-to-date as of approximately January 1, 1991. We have retained the basic organizations structure of the casebook, since this has proved to constitute a logical and practical arrangement of the material. We plan to continue our practice of publishing annual supplements, so that the book will be current at the beginning of each academic year. This casebook contains more material than would normally be covered in a two- or even three-hour course. We believe that each teacher should have the opportunity for personal selection. One may consider the initial development of the collective bargaining obligation to be of primary importance, while another may wish to concentrate upon the rights and duties which exist after a bargaining representative has been selected. Both should find ample material to satisfy their pedagogical objectives.

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  Revitalizing Antitrust in Its Second Century: Essays on Legal, Economic, and Political Policy

  Harry First, Eleanor M. Fox, and Robert Pitofsky

  America has entered its second century of antitrust law. The United States has come through the 1980s of laissez faire when antitrust had its lowest profile since the Hoover days, lawyers advised clients that anything goes, and theorists justified non-enforcement of the law by Chicago School economics--the claim that antitrust exists only to create efficiency and that business freedom creates efficiency. Meanwhile, the European Community has a developing body of antitrust law. It rejects the Chicago School as ignoring market realities, and it incorporates into its law values of opportunity, access, open markets and the right to be free from exploitation. The newly democratized European nations and Russia all have moved to market economies and adopted antitrust law in the image of the European Community, in spite of the carpet baggers trying to sell laissez faire. The Supreme Court of the United States has now reversed the swing of the U.S. antitrust pendulum, rejecting Chicago School theory in favor of market reality and accepting the fact that there is an antitrust right not to be coerced and abused by market power. What is the intellectual foundation of this new antitrust--this law that respects efficiency, progressiveness, access, and freedom from abuse of power, and which reflects the need of business firms to be active and agile players in a global marketplace? That foundation is contained in Revitalizing Antitrust in its Second Century. This is the only book that provides the underpinnings for the new antitrust. It is the only book that helps the scholar/lawyer/business advisor/student understand the direction of antitrust and how to predict the course of the law. Four of the authors in the book were cited by the Supreme Court in its June opinion; one was cited eleven times. Revitalizing Antitrust in its Second Century is an indispensable volume for lawyers, economists, business advisors, scholars and students of law, economics, business and political economy.

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  Regulation of Lawyers: Statutes and Standards 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 30 states have now adopted the Model Rules in some form, and there are significant variations among the states, especially with respect to such crucial matters as conflicts and confidentiality. We have quoted interesting selections from the states after each Rule. (We have paid special attention to New York, Illinois, Texas, and the District of Columbia, which adopted or made effective their own versions of the Model Rules 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 Considerations for Lawyers in Federal Government Service, 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 recently developed creeds of courtesy and professionalism, and some 1989 and 1990 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 to 1970. Taken together, these related materials should impress upon students that a state’s rules of professional conduct are but one of many sources that lawyers should consider when deciding what to do in any 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 field 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. 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.

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  Trial Manual for Defense Attorneys in Juvenile Court

  Randy A. Hertz, Martin Guggenheim, and Anthony G. Amsterdam

  THE NATURE AND PURPOSE OF THE MANUAL This MANUAL is a how-to-do-it guidebook for handling juvenile court cases from beginning to end. It differs from most books about juvenile court, which typically begin with an examination of the history and philosophy of juvenile court and thereafter focus (exclusively or predominantly) upon the aspects of juvenile practice that differ from adult criminal procedure. The MANUAL pretermits any discussion of purely academic, historical, or philosophical matters and deals exclusively with the tasks, skills, rules of law, and issues of strategic judgment involved in representing clients in juvenile court. Rather than ignoring those aspects of juvenile proceedings that mirror adult criminal practice, the Manual examines them at every stage. The Manual covers all of the types of cases likely to be handled by a practitioner in juvenile court. Part I, consisting of Chapters 2-39, covers juvenile delinquency cases. Representation of Persons In Need of Supervision (PINS) (called, in some jurisdictions, Children in Need of Supervision (CHINS) or “incorrigibles”) is covered in Part II, which consists of Chapter 40. Part II assumes that the PINS practitioner will read the delinquency chapters, since delinquency practice is virtually identical to PINS practice; Chapter 40 simply explains the few respects in which PINS practice differs from delinquency practice. Child protective proceedings—actions against parents for abuse or neglect of their children and proceedings to terminate parental rights—are covered in Part III, Chapters 41-48. This Manual is, quite consciously, a manual for defense attorneys. The delinquency and PINS chapters are written for attorneys defending children who are the subject of a Petition in a delinquency or PINS proceeding. The chapters on the child protective system are written for attorneys defending parents who have been charged with abuse or neglect or who are the subject of proceedings to terminate parental rights. While the Manual contains some material that may also be useful to the other players in the system—judges, prosecutors, and attorneys representing children whose parents have been accused of abuse or neglect—it does not purport to describe or analyze subjects falling outside the purview of a defense attorney’s obligations to his or her client. THE STRUCTURE OF THE MANUAL The Manual’s treatments of delinquency cases (Chapters 2-39), PINS cases (Chapter 40), and child protection cases (Chapters 41-48), each proceed, more or less, according to the chronology of an individual case. Thus the chapters begin with the earlies stages at which defense counsel enters the case, then advance through the pretrial stages and trial, and conclude with disposition and post-dispositional remedies. The Manual is published in looseleaf form for three reasons: (a) to allow its users to replace pages with periodic updates; (b) to permit users to interfoliate their own notes on leading cases, rules of practice, and other matters of significance in their local jurisdictions; and (c) to make it possible for litigators to remove sections of the Manual to take to court, rather than lugging the entire Manual along. The goal of making this Manual easy to use during court hearings has also led to the authors’ abandonment of other conventions of manual-writing. The Manual deals with topics as they become relevant at each particular stage of a proceeding even when this format requires dispersing material with related subject matters among different chapters. For example, the topic of suppression of motions is covered in five different chapters: a section on drafting these motions is found in the chapter on motions that need to be filed shortly after Initial Hearing; later there comes a chapter on techniques for handling suppression hearings, and then three substantive chapters covering, respectively, motions to suppress tangible evidence, confessions, and identifications. The latter chapters summarize the voluminous federal and state law on their respective subjects and serve as a quick reference source that can be removed from the Manual and taken to court for use duging suppression hearings. Citation form in the Manual has also been adapted to the realities of trial practice. Thus, for example, a supra citation will only refer back to prior citations within the same subsection so that attorneys consulting a chapter in the midst of a trial or hearing will not need to waste time in searching for the full citation in prior sections. CAVEAT—THE UNIQUENESS OF CASES Although this Manual attempts to summarize the practices and procedures that should be followed in an ordinary juvenile court case, not case is “ordinary” in any but a highly artificial sense. Every delinquency, PINS, neglect, or abuse charge is intensely personal to the accused. Every accused is a complex and unique individual. Every prosecution of an accused is unique in facts and in law and makes unique demands on the defense attorney. Every defense attorney has his or her own style. There is no such thing as conducting a defense generally. What is right in one case is wrong in another. The most important attribute of the good defense lawyer is perceptive selectivity—the ability to determine the precise requirements of each case and to respond to them in a highly specific manner. No book can capture or instill that quality. All that is attempted here is a listing of available options for the lawyer, an identification of the major strategic considerations that may affect choice among the options, an introductory description of the prevailing legal principles and potential legal arguments, procedures, and practical techniques that counsel may encounter or may wish to employ, some warning about common problems, and some suggestions of ways to avoid them or to cope with them. Counsel will have to cull all of these things according to his or her own lights and the needs of his or her particular case in order to make the ultimate, lonely decision what to actually do. A SECOND CAVEAT—THE NEED FOR A PRO The goal of this Manual is to dispel somewhat the edge or uneasiness that the lawyer with little or no juvenile court experience naturally feels when s/he is retained or appointed in a delinquency, PINS, or child protective proceeding. Having even a very general notion of what is coming and what can be done about it rightly inspires some confidence, and confidence can be a very important dealing with the client. However, as in all matters of grave professional responsibility, the lawyer must be careful not to let confidence get out of hand. Juvenile court practice is a specialty, and there is a lot at stake. It remains vital for the lawyer with relatively little juvenile court experience to recognize when s/he is getting into waters deeper than s/he can swim. In matters of complexity or difficulty, counsel should consider the practicability of consulting (formally or informally and on a limited or extended basis), associating with, or withdrawing in favor of, a more experience juvenile court practitioner.

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  Equality and Partiality

  Thomas Nagel

  Derived from Thomas Nagel's Locke Lectures, Equality and Partiality proposes a nonutopian account of political legitimacy, based on the need to accommodate both personal and impersonal motives in any credible moral theory, and therefore in any political theory with a moral foundation. Within each individual, Nagel believes, there is a division between two standpoints, the personal and the impersonal. Without the impersonal standpoint, there would be no morality, only the clash, compromise, and occasional convergence of individual perspectives. It is because a human being does not occupy only his own point of view that each of us is susceptible to the claims of others through private and public morality. Political systems, to be legitimate, must achieve an integration of these two standpoints within the individual. These ideas are applied to specific problems such as social and economic inequality, toleration, international justice, and the public support of culture. Nagel points to the problem of balancing equality and partiality as the most important issue with which political theorists are now faced.

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  Econometric Models and Economic Forecasts

  Robert S. Pindyck and Daniel L. Rubinfeld

  First course in Econometrics in Economics Departments at better schools, also Economic/Business Forecasting. Statistics prerequisite but no calculus. Slightly higher level and more comprehensive than Gujarati (M-H, 1996) . P-R covers more time series and forecasting. P-R coverage is notch below Johnston-DiNardo (M-H, 97) and requires no matrix algebra. Includes data disk.

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  American Health Law

  George J. Annas, Sylvia A. Law, Rand E. Rosenblatt, and Kenneth R. Wing

  The study of health law presents a unique opportunity to apply law and legal analysis to an industry that dramatically affects all our lives, is undergoing tremendous change, and is filled with challenges that the thoughtful application of law can help us to meet constructively. Few fields of applied law match the richness of health law. Changes in medicine directly affect not just what humans can do, but how we think about what it means to be human; issues of social justice and resource allocation arise more starkly and more compellingly in the health care context than in any other; and health law introduces us to the problems confronted by another major profession, medicine. As the title of this book asserts, uniquely American values are reflected and challenged in our health care system. Human anatomy and physiology are the same worldwide, but the organization and delivery of health care reflect individual cultures. Americans, for example, are probably more health conscious than any other culture. It is thus both ironic and disturbing that, with the exception of South Africa, we remain the only industrialized country that does not have a system of national health insurance. Cost is often given as the rationale for this inhumane policy. Nevertheless, we are already inefficiently spending more than 12 percent of our gross national product on health care and seem unable to control even government expenditures on medical care. We pride ourselves on having the “best” medical care in the world, but its quality varies greatly, and even where it is recognized as first rate, measure of quality are problematic. America is the home of other paradoxes as well. For example, although human rights are a focal point of our Constitution and legal tradition, it is often extremely difficult for individual patients to exercise such basic rights as refusing treatment in the modern American hospital. As the 1990s open, there seems little doubt that this decade will witness major changes in our health care system. A 1989 national opinion poll, for example, found that 89 percent of Americans thought that the health care system needed “fundamental change.” We possess what has been accurately described as the most expensive, least well-liked, least equitable, and perhaps least efficient system of health care delivery in the world. Of course, because of continuing and dynamic change, any book on health law quickly faces at least partial obsolescence. But such change also presents unique study opportunities. Health care provides a real-world laboratory to examine how several bodies of law shape and are shaped by the organization of medical care in the United States. Bodies of doctrinal law explored in this text include: tort standards of duty and medical malpractice, traditional insurance law as well as more contemporary insurance measures to control costs and assure access, labor law, constitutional principles, FDA law, state licensing programs for people and institutions, antitrust, as well as state and federal programs for financing medical care and education. In addition to exploring the often critical issues of doctrinal detail, the book addresses the interplay between courts, legislatures, administrative agencies, lawyers representing the wide range of interests, and more general cultural forces such as technology, ideology, and social movements. This book highlights social justice and social choice in health care delivery. It provides a conceptual framework for understand the processes by which the law allocates choice to professional prerogative, free market transactions, state or federal regulatory mechanisms, courts, or others. Identifying patterns of social choice and concepts of social justice does not provide easy answers or formulas, but rather illuminates the questions that help us understand contending and often controversial concepts and social forces. New medical technologies present new legal challenges so intrinsically fascinating that they appear on the front pages of newspapers and magazines. Thus there is little trouble capturing the attention of even harassed second-year law students or hardened third-year law students. Relationships between lawyers and physicians have become increasingly adversarial, and increased knowledge of the health care field may help restore more reasonable and socially beneficial interaction. Moreover, the advice lawyers give their clients in the health care field often has a direct impact on matters of health, birth, life, and death. Professional responsibility has and immediacy in this field that is lacking in many others. Full treatment of all of these issues in one book is, of course, impossible. This book introduces all of these issues and provide the student with a framework for analyzing them, with problems to focus discussion, and references for further study. This text is designed to be used in an introductory law school course, which could be followed by specialized courses in medical malpractice law, bioethics, law and health care economics, and so forth. It draws from a wide variety of materials, not just appellate decisions, and seeks to acquaint the student with the facts of health care delivery before confronting the legal problems that dominate the field. As will be seen, although they can be separately described and discussed, issues of cost, quality, access, and human rights cannot be compartmentalized in the real world. All of them must be understood to deal adequately with any of them. The text is divided into an introduction (which outlines how our current health care system was developed) and ten chapters. Chapter 1 deals with access to care both because this is a central social justice issue and because it is perhaps the most “accessible” subject for law students. Chapters 2 and 3 detail health care financing, perhaps the most difficult material in the text, but essential for anyone who seeks to understand our changing health care system. Chapter 4 introduces what has become the central issue in health care delivery: the development and use of new medical technology. It can be followed by Chapter 5, which focuses on defining and enforcing standards of quality care, or by Chapter 9, a case study of the most expensive and seductive medical technology: organ transplantation. Chapter 6 deals with the rights of patients, and 7 with the legal issues involving health care personnel. Chapter 10, the case study on reproductive health, can be left to the end or can follow either of these two chapters. Finally, Chapter 8 presents various economic approaches to deal with the issues of cost, quality, and access and explores application of antitrust law to health care. Although we all worked on the entire book, George Annas had primary responsibility for Chapters 4, 6, and 9; Sylvia Law for Chapters 1, 7, 8, and 10; Rand Rosenblatt for Chapter 5 and Section H (value conflicts) of the Introductions; and Kenneth Wing for the Introductions (Sections A-G) and Chapters 2 and 3. We expect that after taking a course in health law, many students will agree with us that health law is perhaps the most intrinsically fascinating area of law. But even if students who take this course never advise a health care client, they will be hospitalized an average of seven times during their lives, will have almost yearly persona visits to physicians and clinics, and, as consumers and voters, will confront the problem we all share as a society: securing and financing adequate care of acceptable quality for all Americans.

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  Avenging Angel

  Kwame Anthony Appiah

  David, Viscount Glen Tannock, handsome scion of a noble Scottish family, was a brilliant and charming undergraduate, 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, an Honorary Fellow of David's college and a prominent QC with a reputation as a sleuth, seriously doubts the accepted verdict. With the indulgent permission of the local CID, Scott digs deep into the University's clannish community. As a member of the ancient and exclusive Cambridge society known as 'The Apostles' (whose past members include Bertrand Russell, Lytton Strachey, Kim Philby, and Anthony Blunt), David had been summoned by the intellectual glitterati of Cambridge - the jeunesse doréeof the fashionable colleges and a coterie of dons. And because he, too, is an Apostle, Sir Patrick can call this secret network to his aid. When a leading scientist, working fast-acting poisons, is also found dead in his laboratory, Scott knows there's a killer at large and that he has a truly Apostolic puzzle to solve. And by the end he can't trust even his brother Apostles. A midnight tryst closely observed; a suspicious £250 cheque; 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. With his first novel, Anthony Appiah has produced a marvelously urbane, elegantly written and sophisticated story of intrigue and murder in the groves of academe.

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  Early African-American Classics

  Kwame Anthony Appiah

  This essential one-volume collection brings together some of the most influential and significant works by African-American writers of the nineteenth and twentieth centuries. Included herein are such classics as Frederick Douglass’s Narrative of the Life of Frederick Douglass, An American Slave (1845) and excerpts from W.E.B. DuBois’s The Souls of Black Folk (1903), Harriet A. Jacobs’s Incidents in the Life of a Slave Girl: Written by Herself (1861), Booker T. Washington’s Up from Slavery (1901), and James Weldon Johnson’s The Autobiography of an Ex-Coloured Man (1912). Whether read as records of African-American history, autobiography, or literature, these invaluable texts stand as timeless monuments to the courage, intellect, and dignity of those for whom writing itself was an act of rebellion—and whose voices and experiences would have otherwise been silenced forever. Edited and with an introduction by Anthony Appiah, who explains the distinctive American literary and cultural context of the time, this edition of Early African-American Classics remains the standard by which all similar collections will inevitably be compared.

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  Hugo Grotius and International Relations

  Hedley Bull, Benedict Kingsbury, and Adam Roberts

  Hugo Grotius (1583-1645), “the miracle of Holland,” was famous as a child prodigy, theologian, historian, Dutch political figure, escaped political prisoner, and finally as Sweden's Ambassador to France. Addressing his contribution to international relations, this book critically reappraises Grotius' thought, comparing it to his predecessors and examining it in the context of the wars and controversies of his time. The collection illuminates enduring problems of international relations: the nature of international society and its institutions, the equality of states, restraints in war, collective security, military intervention, the rights of the individuals, and the law of the sea.

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  Civil Litigation in New York

  Oscar G. Chase and Robert A. Barker

  Our aim in preparing this book has been to give the student the materials necessary to achieve a sophisticated understanding of litigation in the New York court system, emphasizing practice in the Supreme Court. The second edition of Civil Litigation in New York retains the transactional approach used in the first. The organization of the chapters follows, to the extent feasible the usual development of an action as experienced by counsel. While this approach give the student a way of fitting each piece into a cognizable whole, it should not suggest invariability. In our own teaching we ask our students to confront the choices available to the parties at each stage and to analyze the reasons for choosing one path over another. We have again intersperse litigation problems throughout the book designed to encourage the student to read the surrounding material carefully. Often discussion of a problem will highlight ambiguity in doctrine which purports to be straightforward. Evaluation of competing approaches should call for reference to underlying policy and value assumptions. The student (and teacher) will then be encouraged to think about the values that a procedural system can and should serve. Reflecting the many legal developments in the past six years, as well as our own ambition to improve the book, the second edition include much new material. The chapter on personal jurisdiction has been particularly affected by the close attention the Supreme Court of the United States has paid to the area. We found that these cases worked best when folded into the subdivisions of personal jurisdiction doctrine, rather than as a separate treatment of constitutional issues. We have broadened the scope of the book as well, most notably by the addition of new chapters on appeals and enforcement of judgments. As with the preparation of any casebook, we faced many difficult decisions of inclusion and exclusion. We hope we have struck the right balance between preservation and dynamism.

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  Investment Law and Practice in Vietnam: A Specially Commissioned Report

  Jerome A. Cohen, Văn Tai Tạ, and Ngọc Bích Nguyên

  This specially commissioned report provides extensive commentary on the new investment legislation and provides reliable translations of the most relevant documents. Areas covered include: forms of investment, labour taxation, the financial environment and dispute resolution.

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  Cases and Materials on Torts

  Richard A. Epstein

  The fifth edition of this casebook appears 6 years after the fourth edition and some 31 years after the publication of the original Gregory and Kalven casebook. That period of over three decades has been marked by both continuity and change in the law. Five, perhaps even three years ago, these changes tended to be largely in one direction. With the exception of the law of defamation and privacy, tort lability had been expanding on all fronts. Today, however, the picture is far more clouded. In the traditional areas of physical injuries tort liability appears to have reached its high water mark, and in some jurisdictions—surely California and perhaps New York—the tides seem to be receding. Ironically, at the same time the law of defamation seems to have expanded, if not doctrinally, then surely in the frequency and intensity of suits. In the midst of these ebbs and flows in tort lability, certain questions have remained with us in more or less the same form in which they were faced by the earliest of common-law lawyers. The tension between the principles of negligence and strict lability in stranger cases surely falls into this class. The debates framed in the nineteenth-century cases have largely dictated the subsequent analysis. Yet in other areas we have witnessed major transformations both in the types of cases brought to litigate and in the choice of legal theories used to decide them. In 1959 the paradigm tort action was still the automobile collision. Torts against institutional defendants—products liability and medical malpractice cases most readily leap to mind—were, when viewed with the benefit of hindsight, still in their infancy, while mass torts and toxic torts (the two often go together) still lay in the future. The emergence of new types of litigation has taken its toll on traditional tort theory. The question of “proximate cause”—could this remote consequence be properly attributed to the wrongful conduct of the defendant?—was the dominant issue of causation in 1959 and the major source of contention among academic writers. That is no longer true today. Increasingly, modern tort litigation concentrates on the difficult questions of evidence and statistics necessary to establish the factual connection between, say, the defendant’s drug or waste discharge and the medical injuries of the plaintiff. These shifts in emphasis are duly take into account in this edition. Notwithstanding the enormous substantive changes, the education aims of this casebook are much the same as those of the previous four editions. The primary goal remains one of giving to the student an accurate sense of the current legal position in this, one of the most active and important branches of the law. But this casebook would fail in its essential mission unless it accomplished two other tasks. First, it should provide the student with an opportunity to examine the processes of legal method and legal reasoning. Second, it should give the student some sense of the different systematic and intellectual approaches that have been taken to the law of torts over the years. The importance of method cannot be underestimated in legal education. A casebook—certainly this casebook—is not a reference book, much less a treatise. The standard legal curriculum, of necessity, touches on only a tiny fraction of the huge and every-growing body of substantive rules, and even many of those will change with time. The education of the lawyer of the future therefore rests on an ability to deal with a mass of legal materials, to identify the underlying assumptions, to determine possible implications for analogous cases, and, above all, to deal with the persistent uncertainty, ambiguity, and at time downright confusion in the law. To help with these tasks it is essential to deal with the development of a legal principle over time, through a line of cases that illustrates its application and tests its limits. To that end this casebook contains many cases from the nineteenth century and before, even some that have long ceased to represent current law. Likewise, in order to capture the nature of legal debate, in many principal cases I have reprinted not only the opinion of the court but those of concurring or dissenting judges. With Fletcher v. Rylands, at page 85, infra, for example, five separate opinions from three different courts are reproduced, because each adds something to the total picture. A sound legal education requires more than attention to analytical skills. The law of torts in particular is one of the richest bodies of law, and it has been examined and explored from historical and philosophical perspectives not only by the common-law judges, but also by generations of academic writers. It is essential for all students to gain some sense of the diverse possible approaches to tort law, lest the constant probings of the Socratic method lead to an unhappy intellectual nihilism. The materials selected are designed, wherever possible, to allow torts to be confronted not only as a collection of discrete rules but also as a systematic intellectual discipline. There is in the tort law today fundamental disagreement about the proper orientation toward its subject matter and about the proper choice of its key substantive rule. Speaking first to the question of general orientation, it is possible to identify three major positions. The traditional view—largely unchallenged until recent years—was to look at the law of torts as a study in corrective justice, as an effort to develop a coherent set of principles to decide whether this plaintiff was entitled to compensation from this defendant as a matter of fairness between the parties. Issues of public policy and social control were of course not absent, but they did not dominate judicial or academic attitude toward either particular cases or general theory. Today the traditional approach is under attack from two flanks. On the one hand there is renewed insistence, which today is often expressly articulated in the cases, that the compensation of injured parties is in itself a valid end of the tort law and that the doctrines of tort law that frustrate that objective must be hedged about with limitations or totally eliminated unless strong justification is given for their retention. The older presumption that the plaintiff had to show “good cause” t hold a defendant liable—roughly speaking—has yielded in some quarters to a new presumption that requires the defendant to show why, with harm and causal connection established, liability should nonetheless not follow. That shift in presumptions, if accepted, has two major implications. First, the class of “inevitable accidents” that tended to fall outside the trot law under the older view is more likely to be brought within it under the new. The defendant charged with tort liability, it is said, can shift the loss to society at or by spreading the risk by way of liability insurance. Second, defenses based on plaintiff’s conduct—notable contributory negligence and assumption of risk—will receive a narrower interpretation and may serve not to bar but only to reduce the level of the plaintiff’s recovery. The second critique of the traditional approach comes from a different quarter, that of economic theory. Looking first at the tort law as a system of social control, advocates of the economic approach have generally argued that the proper function of the tort law is to lay down workable liability rules to create incentive for both individuals and firms to minimize (the sum of) the costs of accidents and the costs of their prevention. In this view of the subject, the compensation of individual parties is not an end in itself, but only a means to enlist private parties to help police, by private action, the harmful activities of others. The economic approach tends to downplay the importance of corrective justice in the individual case and compensation for individual victims of accidents, treating the first as largely incomprehensible and the second as better achieved through voluntary insurance arrangements. Until very recently its importance was largely academic, but today its influence is increasing in the decided cases. The diversity of opinions on the proper approach to the tort law carries over to disputes about the proper substantive basis of tortious liability. From the earliest times until today courts have entertained three main theories—each subject to many variants—for recovery in tort. There is, first, recovery for harms intentionally inflicted by defendant on plaintiff. Second, there is recovery for harms negligently—through the want of reasonable or ordinary care—inflicted on the plaintiff. Last, there is recovery under a theory of strict liability, this is, for harms inflicted on the plaintiff by a defendant who acts without negligence and without any intention to harm.

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  Information and Democratic Processes

  John A. Ferejohn and James H. Kuklinski

  The golden democratic tradition of an informed and involved electorate freely and rationally choosing its public officials seems to be at odds with American political reality. Thus the questions: On what basis do people vote and form opinions? How does the lack of information at the individual level affect system performance? In this collection twenty-six distinguished political scientists discuss, debate, and define the relationship between information and the democracy it supposedly serves. The contributors address both the empirical and normative aspects of governing in the United States, employing psychological, sociological, and economic perspectives.

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  Business Crime: Cases and Materials

  Harry First

  This casebook provides detailed information on business crime. The casebook provides the tools for fast, easy, on-point research. Part of the University Casebook Series®, it includes selected cases designed to illustrate the development of a body of law on a particular subject. Text and explanatory materials designed for law study accompany the cases.

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  Punishment and Modern Society: A Study in Social Theory

  David W. Garland

  In this path-breaking book, David Garland argues that punishment is a complex social institution that affects both social relations and cultural meanings. Drawing on theorists from Durkheim to Foucault, he insightfully critiques the entire spectrum of social thought concerning punishment, and reworks it into a new interpretive synthesis.

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  Justice, Guilt and Forgiveness in the Penal System

  David W. Garland and Terence Morris

  These four papers explore the principals and assumptions on which British corrections policies rest and ways in which Christian theology might help formulate or even transform the moral framework in which correctional institutions currently operate. The topics were developed by a committee formed in 1988 who determined that the themes of justice, guilt, forgiveness, and vocation were central to the consideration of the relationship between Christian theology and practical issues in criminal justice. It noted that corrections policies easily express condemnation of offenders and enforce their exclusion from society, but focus little time or money on the processes of reconciling or resettling offenders and the basic Christian value of forgiveness. In addition, corrections personnel have difficulty maintaining a sense of vocation in view of the practical difficulties involved in working with offenders.

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  Intellectual Property: Patents, Trademarks, and Copyright in a Nutshell

  Arthur R. Miller and Michael H. Davis

  It has been said, with respect to tort law that anyone can recognize a punch in the nose. Unlike a punch in the nose, "Patents and copyrights approach, nearer than any other class of cases belonging to forensic discussion to what may be called the metaphysics of the law, where the distinctions are, or at least may be, very subtle and refined, and, sometimes, almost evanescent." This text, by famed Harvard professor Arthur Miller, includes patents, trademarks, and copyrights. Further, it addresses torts and property; antitrust and government regulation; concepts of federalism and state and federal conflicts. The text provides the scope and highlights you need to excel in understanding this field. This will enable you to answer exam questions more quickly and accurately, and enhance your skills as an attorney.

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  Elements of Civil Procedure: Cases and Materials

  Maurice Rosenberg, Hans Smit, and Rochelle C. Dreyfuss

  The aim of this Fifth Edition is to prepare students for civil dispute resolution in the 21st century. It combines new materials with well-tested approaches. These approaches include the objective of helping students to focus their critical powers on evaluating both the theoretical premises and the actual operations of modern rules of civil procedure. This edition adds recent Supreme Court decisions in such areas as jurisdiction, re judicata, joinder, and federalism. It also examines recent changes and proposed changes to the Federal Rules of Civil Procedure and the important developments in regard to summary judgment and Rule 11 practice. The earlier editions’ accent on judicial management and alternative dispute resolution processes is strengthened. To deal with the increasing number of complex cases involving widely dispersed injuries, we have expanded the treatment of the Agent Orange litigation, providing a setting in which to examine the special challenges to the courts and society posed by disasters that produce mass tort cases. This edition continues to view procedure from a number of basic vantage points: The historical perspective finds expression, not only in essays on the writ system and the evolution of today’s procedural law, but also in contemporary cases that demonstrate the significance of history for modern problems. Among these are the right to trial by jury and the availability of noncompensatory remedies for newly created rights. These developments make clear to the student that civil procedure is a dynamic pursuit, changing in response to evolving societal needs. The functional perspective is brought to bear in the consideration of such terms as “cause of action,” “substance,” and “procedure.” The search for the meaning of these terms carries Holmes’ famous message that procedural concepts are not crystals of invariant content: as to every one, purpose informs meaning. The value perspective is implicit in much of the material. Civil Procedure should not be understood as an esoteric collection of mechanical commands. Rather, values that animate other public debates are often at issue here. The responsibility of the community to its poorest members is discussed in the chapter on access to courts and lawyers; the needs of modern business rub against those of the individual in such areas as jurisdiction and joinder; privacy interests are at stake throughout the discovery and trial process; and issues relating to class actions pit efficiency objectives against demands for individualized justice. Of course, values that are special to procedure are also stressed; for instance, rules protecting the social interest in repose and the integrity of the adversarial process. The empirical perspective surfaces in several contexts, such as the judges’ appraisal of the strengths, weaknesses and desirability of the civil jury, the impact of the pretrial conference, and the efficacy of pretrial discovery. The empirical studies in the book underscore the point that rules of procedure are designed to serve practical ends. We are concerned to explore whether the rule works in practice, not merely in theory. Finally, the systemic perspective is conveyed by materials that impart the idea that the courts are but one part of a dispute resolution system and that other means exist to resolve legal controversies. As mediation, arbitration, and newer mechanisms such as mini-trials, rent-a-judge schemes, and summary jury trials are explored, students are encouraged to consider how to make the “forum fit the fuss,” and to weigh the extent to which the public’s interest in the judicial process is served or disserved by procedural devices tailored more closely to the needs of individual litigants. Procedure shapes the students’ conception of the legal profession, their roles as counselors, their duties to the court, and their positions as citizens with specialized understanding of the problems and limitations of the judiciary. Naturally, we consider it the most exciting course in the first year curriculum.

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  The Law

  Jeremy Waldron

  First published in 1990. The Law brings issues of legal theory to life by relating them to real problems in British politics. Questions about human rights, the rule of law, the unwritten constitution, the role of judges, law and politics, and civil disobedience are often discussed as purely abstract issues. Jeremy Waldon, however, considers them in the context of incidents such as the GLC's `Fare's Fair' case, the choice of Prime Minister, interrogation techniques in Northern Ireland, and the 1984-85 Miners' Strike. He shows that the role of law is not a dry conceptual study, but instead raises issues that lie at the very heart of British politics, and maintains that many political controversies in turn cannot be understood without looking at the issues of legal philosophy at stake. This lively text is intended for students of politics as well as law, but it will also interest anyone who is concerned about the rule of law in Britain. In particular, it asks the crucial question, 'How can the people of Britain reclaim the law as their own?' The rule of law should not be regarded simply as an obligation that people have to live with; it is also a responsibility that the government owes to the people to formulate legislation and to operate a legal system that is worthy of our respect.

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  Necessary Questions: An Introduction to Philosophy

  Kwame Anthony Appiah

  This book offers an accessible introduction to the whole field of philosophy. It takes the key areas of the subject — Mind, Knowledge, Language and Logic, Science, Morality, Politics, and Law — and traces the root concepts of each. outlining the advantages and disadvantages of the various positions that can be taken up. The historical dimension is briefly explored. with the work of the great philosophers of the past explained and put into meaningful' context. There are special biographical profiles of Plato, Aquinas, Descartes, Hobbes, Kant, Frege, and Popper in the chapters where their crucial contributions are analyzed. This is not, however, an historical survey of philosophy; what Anthony Appiah does is to give the reader a clear and comprehensive guide to some of the momentous questions that concern thinking people in a literate culture today, and to the terms in which philosophers address those questions. The book introduces the work of a number of today's challenging philosophers. and gives a flavor of the controversies surrounding the recent vigorous developments in philosophical debate. There is a helpful annotated bibliography and an extensive glossary of philosophical terms to ensure that even if this is your first book on the subject, it will not be your last.

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  New York Practice Guide: Negligence

  Oscar G. Chase and Henry G. Miller

  Overview This work is designed to provide a blueprint for the litigation of a personal injury or property damage case in the New York courts. The term “Negligence” in the title is used in a broad generic sense; where applicable, breach of warranty and strict liability theories of recovery are also treated. The organization of the work is fairly straightforward. Unit One relates to the law or negligence. Unit Two covers civil practice and procedure in the negligence case, tracking the litigation process from the attorney’s initial contact through the post-trial period. Unit Three presents an in-depth treatment of the six major areas of litigation: Premises Liability, Products Liability, Automobile Negligence, Government Liability, Medical Malpractice, Construction Accidents. Each of the chapters is divided into a number of discrete parts. These include: Legal Background, Checklists, Timetables, Practice Guide, Forms and Research Guide. Thus, in each area there is analytical treatise coverage of statutory provisions and caselaw, practical guidance as to what to do and how to do it, a host of forms, checklists and handy timetables, and a research guide, extensively listing relevant primary and secondary source materials. The object of all of this is to provide the attorney with everything that would normally be needed in the course of prosecuting or defending a negligence action, as well as easy access to additional materials for further research. A deliberate effort has been made to serve the needs of those representing both plaintiffs and defendants, and to provide information and materials of value to the seasoned veteran as well as the novice. Practice Overview Before one can be a great sculptor of wooden furniture, one must be a good carpenter. Before the chair is made beautiful, it must first be made sturdy. So it is with lawsuits. Before we dream of making great arguments, we should first master the details of our craft. Papers must be filed on time. Pleadings must be prepared properly. Notice of proceedings must be given to the Court and our adversary as required. This is true for all lawyers and it is true for those who litigate negligence cases in New York. Mr. Disorganized is a good cross-examiner. He enjoys a fine reputation at the Bar. His office is, however, in chaos. Files cannot be found. Statutes of limitations are routinely missed. Motions to dismiss pour like Niagara into his office. Genius is no excuse for disorganization. All the genius in the world cannot revive a case which has been finally dismissed because of inattention. Great advocacy will not rescue the lawyer who has sued the wrong defendant. There is an antidote to disorganization. It is: attention to details. It derives from dedicated concern. It stems from a strong commitment to maintain a disciplined office where all papers are served promptly and orderliness is the rule of the day. The secret of a well run office is the diary. Each attorney should have his or her individual diary, putting down all the dates when something is due. The office, in addition, should have centralized diaries, which serve as a double check for special items, for example, the dates when depositions are scheduled to be held. In addition to the attorney’s diary, each attorney’s secretary should maintain a diary. With this system of checks and balances, an orderly office begins to evolve. There is probably no such thing as the totally perfect office. However, by dedication to orderliness, we can reduce to a minimum those disasters which might otherwise occur even in the offices of lawyers of the highest standards. A “bad” office is revealed by its files. When papers are chaotically strewn about unattached and loose it is the telltale mark of a sloppy mind. The file reflects the character of the attorney. Neatness is a virtue. It may not make one Cicero to have a neat file. However, while few can be Cicero all can be attentive to details. Each file must reflect the respect that the attorney has for that client. A sloppy file is nothing more than indifference to the well being of the client’s cause. Careful, concerned lawyers strive to make every file a model of neatness. In addition to orderliness and neatness, we of course, would be lost without knowing the rules of our trade. We must know where papers are to be filed; how to put a case on the calendar; the essential ingredients required in each document; the rules of civil procedure. In short, we must be good carpenters. Toward this end, it behooves every negligence lawyer in the State of New York, particularly those plaintiff’s lawyers charged with the bringing of the case, to study the legal materials in this text, prepared by Professor Oscar Chase and others. For those who already know the basic rules of law, the review will serve as a refresher. For those whose knowledge is incomplete, the review will serve as a necessary introduction to the knowledge which is absolutely essential for the negligence practitioner. It will be my role to add practical suggestions. These are considerations born of experience. My hope is that this book will serve as a helpful reference for all in New York who practice in the field of negligence. Needless to say no one can presume to lay down a definitive rule to be followed in every situation. Ultimately, judgment msust come into play. However, by careful adherence to the rules of law, mistakes can be minimized. By reference to our practice commentary, you will at least be able to share experience with one who has grappled for many years with the common problems of negligence practice.

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  Civil Procedure: Cases and Materials

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

  This Fifth Edition, which has been prepared by Jack H. Friedenthal, Arthur R. Miller, and John E. Sexton, has had the benefit of many comments of colleagues from the large number of schools in which the first four 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 Fifth 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 the publications of the Fourth Edition there have been important developments in several areas of procedure (for example, jurisdiction over persons and property), which give rise to intellectually stimulating questions and policy considerations that require inclusion in a contemporary casebook. Thus, the chapter on jurisdiction has been reconceptualized and updated in light of the recent Supreme Court decisions and other developments. The chapter on summary judgment has been substantially reworked and expanded; the chapter on res judicata and collateral estoppel has been reworked completely; and new sections, reflecting the recent amendments to relevant statutes and to the Federal Rules of Civil Procedure, have been added to other chapters. 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 note on “the nature of the trial process” in Chapter Eleven and in the 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 had 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 understating 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 course 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 tem 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 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 fact study of the entire course. In general, Chapter One is intended to let students from 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 chapter on jurisdiction includes and extensive treatment of the federal courts. An investigation of a single system in detail seems the best way to impress students with the significance attached by courts to the concept of jurisdiction over the subject matter. The length of this materials 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 ancillary 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 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 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. Our practice has been to revise and reissue the Supplement every two years, adding recent significant cases, thereby achieving considerable flexibility at a minimal cost to students. 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 develops 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 Fourth Edition have not been significantly shortened in preparing the Fifth Edition. With regard to footnotes: the same numbering appears in the casebook as appears in the original sources; editors’ footnotes are indicated by letters.

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  Cases and Materials on Antitrust

  Eleanor M. Fox and Lawrence A. Sullivan

  Antitrust law once reflected broad, value-based policy, informed by the enacting Congresses’ distrust of bigness and power and their concern for economic opportunity on the merits. But in the mid to late 1970s, the Supreme Court put a cap on the growing body of antitrust constraints, and in the early 1980s, a new Administration turned the old antitrust on its head. In 1981 the Justice Department, taking a leaf from Chicago School economics, proclaimed that the sole role for antitrust is to stop inefficient transactions; and it asserted that few transactions are inefficient because the market is a robust check on inefficient behavior. Government enforcement since 1981 has focused almost entirely on blatant cartelization. As this book goes to press, minimal antitrust is still the rule of thumb amid speculation about what changes further time may bring. There are compelling reasons to study antitrust. First, antitrust is a unique blend of intellectual theory, social policy, political economy, microeconomics and law. Thus, to study antitrust is to engage in a interdisciplinary enterprise that informs the study of law, legal institutions, and social policy. Second, the study of antitrust prepares the student for the practice of antitrust law, which is a field of great intellectual and practical interest and excitement; it may involve one in government service, counselling, practice before an administrative agency, analytical discussions and negotiations with the Justice Department, and federal court litigation. Moreover, the practice of antitrust law provides the constant challenge of learning facts about the functioning of whole industries. Third, as we approach the centennial of the Sherman Antitrust Law, antitrust is at a cusp where different social forces meet; future developments will be interesting to observe, and perhaps even to shape. In this book of history, economics, politics, and law, we have steered an eclectic course. Our goal is to provide the student with sufficient background to understand the intellectual history, the evolution, and the state of the law of antitrust; to excite the student to question the path the law has taken and to consider the paths it might take. We also hope to give the student a simple introduction to economic thinking and to illuminate the process of choosing the assumptions that shape economic analysis, so that the emerging antitrust lawyer or scholar can ask the right questions and, as well, appreciate the policy choices that underlie competing styles of antitrust economics.