Faculty Books & Edited Works

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Trademark Law: An Open-Access Casebook

Barton C. Beebe

Trademark Law: An Open-Access Casebook (Version 10) covers all aspects of American federal trademark law, including the creation, maintenance, and enforcement of trademark rights. The casebook also addresses right of publicity protection, false advertising law, and international aspects of trademark protection. The casebook is made available here [i.e., Amazon] on an at-cost, royalty-free basis. Trademark Law: An Open-Access Casebook is a free, open-access textbook designed for a four-credit trademark course, which is what I teach at NYU School of Law. Model syllabi for four-credit and three-credit courses are available in the Faculty Resources section of this website. All faculty teaching trademark law are welcome to access the Faculty Resources, including the faculty discussion forum, by becoming a registered user of the site. To register, write me at barton.beebe@nyu.edu. The casebook is made available under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License. In slightly simpler terms, this means that you are free to copy, redistribute, and modify the casebook in part or whole in any format provided that (1) you do so only for non-commercial purposes, (2) you comply with the attribution principles of the license (credit the author, link to the license, and indicate if you’ve made any changes), and (3), in the case of modified versions of the casebook, you distribute any modifications under the same license. The casebook is updated each year in mid-July.
Trademark Law: An Open-Access Casebook

Barton C. Beebe

Trademark Law: An Open-Access Casebook (Version 10) covers all aspects of American federal trademark law, including the creation, maintenance, and enforcement of trademark rights. The casebook also addresses right of publicity protection, false advertising law, and international aspects of trademark protection. The casebook is made available here [i.e., Amazon] on an at-cost, royalty-free basis. Trademark Law: An Open-Access Casebook is a free, open-access textbook designed for a four-credit trademark course, which is what I teach at NYU School of Law. Model syllabi for four-credit and three-credit courses are available in the Faculty Resources section of this website. All faculty teaching trademark law are welcome to access the Faculty Resources, including the faculty discussion forum, by becoming a registered user of the site. To register, write me at barton.beebe@nyu.edu. The casebook is made available under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License. In slightly simpler terms, this means that you are free to copy, redistribute, and modify the casebook in part or whole in any format provided that (1) you do so only for non-commercial purposes, (2) you comply with the attribution principles of the license (credit the author, link to the license, and indicate if you’ve made any changes), and (3), in the case of modified versions of the casebook, you distribute any modifications under the same license. The casebook is updated each year in mid-July.
Modern Scientific Evidence: The Law and Science of Expert Testimony

David L. Faigman, Edward K. Cheng, Jennifer Mnookin, Erin E. Murphy, Joseph Sanders, and Christopher Slobogin

Modern Scientific Evidence: The Law and Science of Expert Testimony helps judges and lawyers assess the validity of an expert's scientific methodology, following the scientific evidence issues raised by the Daubert ruling. The text challenges the use of “generally accepted” scientific ideas when ruling on admissibility or managing expert witnesses in state and federal courts, and prepares trial attorneys to explain scientific concepts during admissibility arguments and confidently elicit or challenge expert testimony during trial. This post-Daubert guide discusses: fundamental legal and scientific principles, scientific research methods, statistical proof, multiple regression. It also examines specific topics, discussing current law and science in each.
Contracts: Cases and Materials

E. Allan Farnsworth, Carol Sanger, Neil B. Cohen, Richard R. W. Brooks, and Larry T. Garvin

This classic casebook, now in its 10th Edition, offers first-year students a solid and inviting introduction to contract law, recognizing both the English and American common law traditions and bringing them into our age of statutes, most particularly the Uniform Commercial Code. Like earlier editions, the 10th Edition features carefully selected cases, well-tailored notes and problems, and authoritative textual discussions of major developments in current contract law. These include the meaning of assent and agreement (with particular focus on the online environment); attention to comparative and international approaches; and accessible discussion of theoretical underpinnings of contract doctrine, the importance of which remain a mainstay of this new edition. The casebook is ecumenical in its outlook, presenting a well-balanced approach that is usable by professors with a wide range of theoretical outlooks and pedagogical styles. Cases are situated within a variety of disciplines—history, economics, philosophy, and ethics—and present the law in a variety of typical settings—commercial, familial, employment, consumer, real estate and so on. The 10th Edition will feel familiar yet fresh to current users and both exciting and comfortable to newcomers. Among the 10th Edition’s updates and revisions: extensive treatment of COVID-19 and contract law, including such areas as formation, unjust enrichment, unconscionability, material adverse change clauses, conditions, specific performance, impracticability, frustration, risk apportionment, and third-party beneficiaries; updated and enhanced materials on electronic contracting; coverage of such recent developments as the 2022 amendments to the Uniform Commercial Code and the Restatement of Consumer Contracts: new cases and comments suitable for discussions of how such topics as race and class affect, and are affected by, contract law; added problems in the casebook on applications of contract doctrine, in line with upcoming changes to the Multistate Bar Examination.
Deference in International Commercial Arbitration: The Shared System of Control in International Commercial Arbitration

Franco Ferrari and Friedrich Rosenfeld

Deference in International Commercial Arbitration is a trailblazing book wherein eminent arbitration practitioners and academics offer the first comprehensive and structured analysis of deference in international arbitration. In international arbitration, deference implies that one decision-maker does not make an autonomous assessment but limits its decision-making power out of respect for the decision or authority of another actor. For example, a court exercising post-award review might refrain from reviewing a question of procedure de novo but instead defer to a prior determination made by the arbitral tribunal. What’s in this book: Drawing on abundant reference to case law from major arbitration hubs, the analysis is organized around the three relationships in which questions of deference arise: public-private relationships in which a State actor (e.g., a court) must decide whether it should pay deference to determinations made by a private actor (e.g., a tribunal or an arbitral institution); public-public relationships in which a State actor (e.g., a court at the place of recognition and enforcement) must decide whether it should pay deference to another State actor (e.g., a court at the seat); and private-private relationships in which a private actor (e.g., an arbitral tribunal) must decide whether it should pay deference to another private actor (e.g., another arbitral tribunal or an arbitral institution). How this will help you: The book makes a significant contribution to tracing the boundaries of the multiple layers of control over arbitration proceedings. It takes an enormous leap towards instituting the right counterbalance between the different layers of authority and thus meeting a pivotal challenge for the viability of arbitration as a form of dispute resolution.
Recognition and Enforcement of Foreign Arbitral Awards: A Concise Guide to the New York Convention's Uniform Regime

Franco Ferrari, Friedrich Rosenfeld, and Charles T. Kotuby Jr.

This incisive book is an indispensable guide to the New York Convention's uniform regime on recognition and enforcement of foreign arbitral awards. Framing the Convention as a uniform law instrument, the book analyses case law from major arbitration jurisdictions to explain its scope of application, the duty to recognize arbitral agreements and awards as well as their limitations, and the procedure and formal requirements for enforcing arbitral awards. Combining insight from arbitration practice with perspectives from private international law, the book underlines the importance of the Convention's foundation in a treaty of international law, arguing that this entails a requirement to interpret the key concepts it sets forth based on international law rules of interpretation. However, it also demonstrates where municipal laws are relevant and discusses the private international law principles through which these instances can be identified. Addressing one of the core treaties of international arbitration, this will be crucial reading for legal practitioners and judges working in the field. It will also prove valuable to scholars and students of commercial and private international law, particularly those focused on cross-border disputes and arbitration.
EU Competition Law: Cases, Texts and Context

Eleanor M. Fox and Damien Gerard

This innovative textbook, now in its second edition, presents EU competition law in political, economic and comparative context. It brings competition law to life from an EU and global perspective, with cross currents of trade and industrial policy and attention to the intervention of the state in the market. Quintessentially readable, the book deftly and concisely excerpts the key cases and embeds them in explanatory materials, including policy statements and regulations. It is entirely up to date and integrates, for example, new issues of power in the digital economy. Notes accompanying the cases raise hard questions and explain the fascinating issues underlying contemporary competition policy in the European Union and around the world. The book covers the full range of competition law and policy subjects, namely: the Treaties and the single market, cartels, other horizontal and vertical agreements, abuses of dominance, merger control, and state restraints including State aids. Among key features, the book: integrates law, economics and policies, providing a holistic sense of competition law and its place in the EU system; is unusually concise, given its coverage, while explaining the critical nuances of cases by means of notes and questions; provides a unique comparative perspective by including excerpts of landmark US antitrust cases and numerous other comparative references. This book is a perfect textbook for students of EU competition law and even competition law in general, given that most nations in the antitrust family of the world build their competition laws upon the EU model. It is useful for specialized seminars on European, US, and other nations’ and regions’ competition laws. It is also an excellent desk book and resource for academics, enforcers and practitioners in the field.
Antitrust: Principles, Cases, and Materials

Daniel Francis and Christopher J. Sprigman

Antitrust: Principles, Cases, and Materials is a free antitrust law textbook designed for a three-credit or four-credit antitrust course (we teach the four-credit course at NYU School of Law). Model syllabi for four-credit and three-credit courses are available in the Faculty Area section of this website. All faculty teaching antitrust law are welcome to access the Faculty Resources, including the faculty discussion forum, by becoming a registered user of the site. To register, write us at daniel.francis@law.nyu.edu or christopher.sprigman@nyu.edu. The textbook is made available under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License. Under the terms of this license, you are free to copy and redistribute the textbook in part or whole in any format provided that (1) you do so only for non-commercial purposes, (2) you comply with the attribution principles of the license (credit the authors, and link to the license), and (3) if you make changes to the materials, you share those changes with the public on the same terms with which they have been shared with you.
Copyright Law: Cases and Materials (v5.0)

Jeanne C. Fromer and Christopher J. Sprigman

Copyright Law: Cases and Materials is a free copyright law textbook designed for a four-credit copyright course, which is what we teach at NYU School of Law. Model syllabi for four-credit and three-credit courses are available in the Faculty Resources section of this website. All faculty teaching copyright law are welcome to access the Faculty Resources, including the faculty discussion forum, by becoming a registered user of the site. To register, write us at jeanne.fromer@nyu.edu or christopher.sprigman@nyu.edu. The textbook is made available under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License. Under the terms of this license, you are free to copy and redistribute the textbook in part or whole in any format provided that (1) you do so only for non-commercial purposes, and (2) you comply with the attribution principles of the license (credit the authors, and link to the license). Note please that this license does not permit you to make modifications to the textbook or to create derivative works. That said, there are a wide variety of derivatives that we would gladly permit. If you want to make modifications to the textbook, please contact us.
Democracy Unmoored: Populism and the Corruption of Popular Sovereignty

Samuel Issacharoff

A powerful new account of how populist movements are sabotaging political institutions from within and undermining democracies across the globe. The 2016 election of Donald Trump focused people's minds on populism, and most of the attention paid to the subject since has been on the threat it poses to wealthy democracies. In Democracy Unmoored, Samuel Issacharoff takes a far wider-angle view of the phenomenon, covering countries from across the globe: Brazil, Poland, Argentina, Turkey, India, Hungary, Venezuela, and more. Just as importantly, he focuses on populism's attack on the institutions of governance. Democracy requires two critical features: first, a commitment to repeat play such that political actors understand that what goes around comes around; and, second, institutional constraints so that the majority can prevail, albeit not by too much. Democracies must avoid the doomsday scenario in which the contending parties see the next election as the final choice between salvation and perdition. Issacharoff shows how populist governance undermines each of these two critical underpinnings of stable democracy, first by compressing the time horizon to the immediate, and second by eroding institutional constraints on strongman rule. At the same time, Issacharoff highlights the fact that ascendent populists were pushing in an open door as they found democracies in states of disrepair in the post-2008 world. Electorates around the world had come to see institutional democratic party systems as cabals of elites working against "the people," which anti-institutionalist populists took advantage of in country after country. Global in coverage and featuring a powerful explanation of the true threat populism represents to democracy, this book will be essential reading for anyone who cares about the survival of democratic institutions.
Cambridge Compendium of International Commercial and Investment Arbitration

Stefan Kröll, Andrea Bjorklund, and Franco Ferrari

The Compendium, like an encyclopedia, contains entries for most of the foundational principles and concepts underlying arbitration. Each entry takes a holistic view of international arbitration, as they tackle core concepts from both a commercial and an investment arbitration perspective, focusing on the fundamental issues underlying the various topics rather than on the solutions adopted in any particular jurisdiction, thus making the Compendium a truly cross-border, transnational resource. This innovative approach will allow readers to identify the commonalities as well as the differences between commercial and investment arbitration, whether and where cross-fertilization has taken place and what consequences it can have. This approach allows the Compendium to be a tool in promoting the creation of a culture of international arbitration that considers commercial arbitration and investment arbitration as part of a whole but with certain distinct features particular to each.
Legislative Process

Abner J. Mikva, Eric Lane, Michael J. Gerhardt, and Daniel J. Hemel

This casebook provides a unique, in-depth examination⁠—and inside view⁠—of how Congress makes laws, organizes committees, undertakes oversight and investigations, makes rules for internal governance, organizes committees, and interacts with other federal branches and states. Legislative Process is the only casebook that provides in-depth coverage of the goals, structures, processes, powers, and rules of Congress and its committees and subcommittees. With its extraordinarily impressive authorship team consisting of Abner J. Mikva, Eric Lane, Michael Gerhardt, and Daniel Hemel (each of whom has had significant legislative experience), this important casebook serves as an insider's perspective on the legislative process. The book takes a practical and process-oriented approach. It provides historical context on the role and drafting and interpretation of statutes, and includes extensive use of primary materials, including bills and statutes, committee reports and debates, legislative rules, constitutional provisions and other legislative authorities, and judicial decisions. New to the Fifth Edition: up-to-date legislative and judicial developments regarding the Voting Rights Act of 1965, the Affordable Care Act, the budget process, and other landmark congressional statutes; in-depth analyses of the two impeachments of Donald Trump and Supreme Court confirmation proceedings over the last few decades; comprehensive analysis of the mechanisms, besides impeachment, for holding presidents accountable for their misconduct; consideration of various proposals for reforming the federal law-making process. Professors and students will benefit from: the detailed descriptions of the law-making process within Congress; comprehensive analysis of the relative scope of major congressional powers; inside accounts of legislative activities, including committee and subcommittee work; the use of the casebook as a handbook for anyone interested in knowing more, or working in, Congress or state legislatures. Teaching materials include: Congressional debates; reports of the Congressional Reserve Service; landmark Supreme Court decisions on legislative power and process.
Intellectual Property: Patents, Trademarks, and Copyright in a Nutshell

Arthur R. Miller, Michael H. Davis, and Dana Neascu

Authors emeritus professor Michael Davis and famed Harvard professor Arthur Miller provide authoritative coverage on the foundations of patents, trademarks, and copyright laws. Authoritative treatment of all relevant doctrines and the latest statutory and judicial changes, with up-to-date coverage provided by associate professor of legal research, Dana Neacşu. Text further addresses relevant torts, property, antitrust, regulatory, and federalism intersections with intellectual property law.
Love and Violence: Insights from Shakespeare on Ethics, Psychology, Theater and Law

David A.J. Richards

This book offers both a philosophical and psychological theory of an aspect of human love, first noted by Plato and used by Freud in developing psychoanalysis (transference love), namely, lovers as mirrors for one another, enabling them thus better to see and understand themselves and others. Shakespeare’s art makes the same appeal—theater as a communal mirror—expressing the artist holding a loving mirror for his culture at a point of transitional crisis between a shame and guilt culture. The book shows how Shakespeare’s plays offer better insights into the behavior of violent men than Freud’s, based on close empirical study of violent criminals; develops a theory of violence rooted in the moral emotions of shame and guilt; and a cultural psychology of the transition from shame to guilt cultures. The work argues that violence is, contra Freud, not an ineliminable instinct in the nature of things, requiring autocracy, but arises from patriarchally inflicted cultural injuries to the love of equals that undermine democracy, and that only a therapy based on love can address such injuries, replacing retributive with restorative justice, and populist fascist autocracy with constitutional democracy. Love, thus understood, underlies a range of disparate phenomena: the appeal of Shakespeare’s theater as a communal art; the role of love in psychoanalysis; in Augustine’s conception of love in religion (disfigured by his patriarchal assumptions); in Kant’s anti-utilitarian ethics of dignity; in a naturalistic ethics that roots ethics in facts of human psychology; the role of law in democratic cultures as a mirror and critique of such cultures; and the basis of an egalitarian theory of universal human rights (inspired by Kant and developed, more recently, by John Rawls). In all these domains, uncritically accepted forms of culture (the initiation of men and women into patriarchy) traumatize the love of equals, and thus disfigure and distort our personal and political lives.
Global Sustainable Cities: City Governments and Our Environmental Future

Danielle Spiegel-Feld, Katrina M. Wyman, and John Coughlin

Perspectives from worldwide experts on how major cities across the globe are responding to the major environmental threats of our time, including global climate change Over half of the world's population now lives in cities, and this share is expected to increase in the coming decades. With growing urbanization, cities and their residents face substantial environmental challenges such as higher temperatures, droughts, wildfires, and increased flooding. In response to these pressing challenges, some cities have begun to develop local environmental regulations that supplement national and environmental laws. In so doing, cities have stepped into a role that has been historically dominated by higher levels of government. Global Sustainable Cities takes stock of the policies that have been implemented by cities around the world in recent years in several key areas: water, air pollution, greenhouse gas emissions, and climate adaptation. It examines the advantages--and potential drawbacks—of allowing cities to assume a significant role in environmental regulation, given the legal and political constraints in which cities operate. The contributors present a series of case studies of the actions that seven leading cities—Abu Dhabi, Beijing, Berlin, Delhi, London, New York, and Shanghai--are taking to improve their environments and adapt to climate change. The first volume of its kind, Global Sustainable Cities is a critical comparative assessment of the actions that major cities in the global North and South are taking to advance sustainability.
Charting Limitations on Trademark Rights

Haochen Sun and Barton C. Beebe

Trademark scholarship has to date focused largely on the protection of trademark rights against consumer confusion and trademark dilution. Studies of limitations on trademark rights, meanwhile, have remained relatively peripheral, especially in jurisdictions outside of the United States. However, this treatment is incongruous with the importance of the limitations, such as descriptive and nominative uses, in promoting freedom of commerce, market competition, free speech, and cultural dynamics. Against this backdrop, Charting Limitations on Trademark Rights is the first comprehensive academic volume exploring limitations on trademark rights from both the theoretical and comparative perspectives. The volume presents new theoretical ideas justifying trademark rights limitations, re-examines their nature, delineates their scope, and offers comparative studies.
Thoughtfulness and the Rule of Law

Jeremy Waldron

An essential study of the rule of law by one of the world’s leading liberal political and legal philosophers. The meaning and value of the rule of law have been debated since antiquity. For many, the rule of law has become the essence of good government. But Jeremy Waldron takes a different view, arguing that it is but one star in a constellation of ideals that define our political morality, ranking alongside democracy, human rights, economic freedom, and social justice. This timely essay collection, from one of the most respected political philosophers of his generation, is a brief on behalf of thoughtfulness: the intervention of human intelligence in the application of law. Waldron defends thoughtfulness against the claim that it threatens to replace the rule of law with the arbitrary rule of people. To the contrary, he argues, the rule of law requires thoughtfulness: it is impossible to apply a standard such as “reasonableness” on the basis of rules alone, and common legal activities like arguing in court and reasoning from precedents are poorly served by algorithmic logics. This rich compilation also addresses the place of law in protecting human dignity, the relation between rule of law and legislation, and whether vagueness in the law is at odds with law’s role in guiding action. Thoughtfulness and the Rule of Law emphasizes the value of procedures rather than the substance or outcome of legal decisions. Challenging the view that predictability and clarity are cardinal virtues, Waldron shows that real-world controversies often are best approached using a relatively thin concept of the rule of law, together with the thoughtfulness that a legal system frames and enables.
Wright and Miller's Federal Practice and Procedure

Charles A. Wright, Arthur R. Miller, and Edward H. Cooper

Comprehensive and authoritative coverage of all aspects of federal civil, criminal and appellate procedure, including rules of civil, criminal, and appellate procedure, rules of evidence, the federal judicial system, jurisdiction of all federal courts, venue, removal of cases, res judicata, relation of state and federal courts, multidistrict litigation, and more. Provides extensive analysis of each rule as interpreted and applied by the federal courts and affected by related statutes and rules. Includes official forms adopted with the rules. Contains numerous tables and couples key words, ideas, and legal concepts to index and cited decisions, statutes, and other relevant materials.
Say the Right Thing: How to Talk About Identity, Diversity, and Justice

Kenji Yoshino and David Glasgow

In the current period of social and political unrest, conversations about identity are becoming more frequent and more difficult. On subjects like critical race theory, gender equity in the workplace, and LGBTQ-inclusive classrooms, many of us are understandably fearful of saying the wrong thing. That fear can sometimes prevent us from speaking up at all, depriving people from marginalized groups of support and stalling progress toward a more just and inclusive society. Kenji Yoshino and David Glasgow, founders of the Meltzer Center for Diversity, Inclusion, and Belonging at NYU School of Law, are here to show potential allies that these conversations don't have to be so overwhelming. Through stories drawn from contexts as varied as social media posts, dinner party conversations, and workplace disputes, they offer seven user-friendly principles that teach skills such as how to avoid common conversational pitfalls, engage in respectful disagreement, offer authentic apologies, and better support people in our lives who experience bias. Research-backed, accessible, and uplifting, Say the Right Thing charts a pathway out of cancel culture toward more meaningful and empathetic dialogue on issues of identity. It also gives us the practical tools to do good in our spheres of influence. Whether managing diverse teams at work, navigating issues of inclusion at college, or challenging biased comments at a family barbecue, Yoshino and Glasgow help us move from unconsciously hurting people to consciously helping them.
Local Government Law: Cases and Materials

Lynn A. Baker, Clayton P. Gillette, and David Schleicher

This casebook explores the unique roles that local governments play in the federal system and in providing local public goods. After considering the distinct characteristics of local governments, the book explores three relationships involving local governments: the relationship between the locality and the state (home rule and pre-emption), the relationship between the locality and its residents (service provision, revenue raising, economic development, local redistribution, the structure of local governments), and the relationship between the locality and neighboring localities (interlocal cooperation, interlocal conflict, and regional burden sharing). This edition includes new sections on public employee pensions, the “new preemption,” and the influence of the COVID-19 pandemic and working from home on location decisions and local administrative law. It also includes increased discussion of the local implications of racial injustice and economic inequality, as well as additional coverage of zoning and qualified immunity.
Trademark Law: An Open-Source Casebook

Barton C. Beebe

Prior edition of Trademark Law: An Open-Access Casebook - covers all aspects of American federal trademark law, including the creation, maintenance, and enforcement of trademark rights. The casebook also addresses right of publicity protection, false advertising law, and international aspects of trademark protection.
Administrative Law and Regulatory Policy: Problems, Text, and Cases

Stephen G. Breyer, Richard B. Stewart, Cass R. Sunstein, Adrian Vermeule, and Michael E. Herz

The ninth edition of this classic casebook Administrative Law and Regulatory Policy: Problems, Text, and Cases is streamlined and updated while retaining the previous editions’ rigor, comprehensiveness, and contextual approach. Outstanding authorship, rich and varied materials, and comprehensive coverage remain the hallmarks of the ninth edition of the acclaimed Administrative Law and Regulatory Policy: Problems, Text, and Cases. Administrative procedure is examined in the context of substantive policy debates regarding regulation in a wide range of areas. Extensive notes, questions, and problems support thoughtful reading and analysis. The presentation acknowledges complexity and contradictions in the material while still providing explanations and guideposts along the way. Problems interspersed throughout provide an opportunity to explore the doctrine in more depth and test one’s understanding of it. New to the Ninth Edition: a thorough updating of cases, notes, and questions; a more streamlined and user-friendly presentation. Despite significant additions, the 9th edition is shorter than the 8th; inclusion of important recent judicial decisions, including Gundy v. United States, 139 S. Ct. 2116 (2019) (nondelegation), Lucia v. SEC, 138 S. Ct. 2044 (2018) (officers of the U.S.), Seila Law LLC v. CFPB, 140 S. Ct. 2183 (2020) (president’s removal authority), Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, 138 S. Ct. 1365 (2018) (agency adjudication), Kisor v. Wilkie, 139 S. Ct. 2400 (2019) (deference to an agency’s interpretation of its own regulation), DHS v. Regents of the University of California, 140 S. Ct. 1891 (2020) (DACA rescission), Department of Commerce v. State of New York, 139 S. Ct. 2551 (2019) (pretextual justifications and arbitrary and capricious review), Little Sisters of the Poor v. Pennsylvania, 140 S. Ct. 2367 (2020) (interim final rulemaking). Professors and students will benefit from: thorough coverage of the processes of agency rulemaking and adjudication; illuminating discussion of doctrines that may be on the cusp of major change, including Chevron deference, Auer deference, and the nondelegation doctrine; attention to the underlying justifications for, and possible criticisms of, the regulatory initiatives that are the subject of the cases studied; Extensive notes and questions that both explain and challenge. A completely new website provides: additional materials for possible assignment (including an introductory case study and materials on enforcement); illustrative agency documents (rulemaking preambles, an administrative complaint, FOIA requests and denials, etc.); extensive links to material on the web, including on agency websites, that provide examples of or help students situate the topics in the casebook; photographs of people, places, and things that are the subject of the cases in the book; updates on new decisions, statutes, and regulatory initiatives. Teaching materials include: comprehensive Teacher’s Manual that describes and discusses the cases, elaborates on the note material, and provides answers to most of the direct questions asked in the book (at least those that are in fact answerable); annual summer supplement; sample syllabi; professors-only section of the website.
Legal Mobilization for Human Rights

Gráinne de Búrca

The traditionally top-down focus in human rights scholarship on laws, institutions, and courts has begun to turn towards a bottom-up focus on activists, advocacy groups, affected communities, and social movements. The essays collected in Legal Mobilization for Human Rights examine a range of issues including which groups claim rights, what they are mobilizing to protect, the goals they pursue, the forums they use, the obstacles they encounter, and the extent of their success or failure. Case studies reveal key themes such as: the importance of human rights to marginalized communities; how political and societal authoritarianism shapes opportunities for effective mobilization; the importance of the choice of forum for instigating change; the role intermediary actors such as NGOs play in innovating strategies to address challenges; the possibilities for subaltern mobilization to reshape human rights law; and the importance of supporting genuinely community-led legal mobilization.
Cases and Materials on Employment Discrimination and Employment Law: The Field as Practiced

Samuel Estreicher, Michael C. Harper, and Zachary D. Fasman

This casebook provides considerable flexibility for an instructor teaching employment discrimination law, employment law, or a combination of both topics. It includes an in-depth treatment of Title VII, the ADA, and the ADEA, as well as chapters on sexual orientation and gender identity discrimination, affirmative action and retaliation. It introduces the concept of employment-at-will, and contractual and tort-based exceptions. This casebook also provides an overview of laws relating to workplace injuries, as well as chapters on wage and hour law, compensation discrimination, and employee classification or misclassification. It also includes a chapter on employee duties to the employer. A chapter on privacy reflects recent legislative initiatives at the state level, and an analysis of electronic intrusions by the employer. Professors Estreicher and Harper both served as Reporters for the Restatement on Employment Law and Zachary D. Fasman adds 50 years of practical experience in major law firms. Cases are accompanied by explanatory notes and questions for further discussion. The Teacher's Manual contains case briefs and answers to notes; and a separate Statutory Supplement provides primary source material for use with this book.
Cases and Materials on Employment Law: The Field as Practiced

Samuel Estreicher, Michael C. Harper, and Zachary D. Fasman

NYU’s Samuel Estreicher, Boston University’s Michael Harper, and distinguished practitioner and NYU and Michigan Law adjunct professor Zachary Fasman have produced a new edition of this employment law casebook. The book incorporates the work of the Restatement of Employment, for which Estreicher and Harper were reporters. The authors’ focus is the field as practiced, aiming at both theoretical insight and practical approaches to advising clients on cutting-edge issues. Extensive notes and questions introduce new legislative and judicial development throughout. Administrative developments, such as those involving the FLSA and the definition of regulated employment relationships, are also covered. A revised chapter on workplace injuries features the Supreme Court ruling refusing to stay injunctions against the OSHA temporary emergency rule on mandatory COVID-19 testing.