Faculty Books & Edited Works

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  Product Liability Law

  Mark A. Geistfeld

  Product Liability Law, Second Edition, by prolific tort scholar Mark Geistfeld, represents the “next generation” of casebooks on products liability. Earlier texts focused on the relative merits of strict liability and negligence, embodied in the apparently competing liability frameworks of the consumer expectations test in the Restatement (Second) of Torts and the risk-utility test in the Restatement (Third) of Torts. The majority of courts, however, have incorporated the risk-utility test into the framework of consumer expectations. By providing balanced coverage of both consumer expectations and the risk-utility test, the casebook keeps pace with ongoing developments in the case law and moves beyond the battles that largely defined products liability in the twentieth century. In addition to teaching students how liability rules protect consumer expectations via comprehensive application of the risk-utility test, this innovative casebook underscores the importance of doctrinal history, the psychology of evaluating product risks, and the role of products liability in the modern regulatory state. Students will learn how courts have applied established doctrines to novel problems ranging from the relevance of scientific evidence in toxic-tort cases to the distribution of defective products on the Amazon online marketplace. To further illustrate this dynamic, the casebook has twenty-nine problems with associated analysis involving the liability issues likely to be raised by the emerging technology of autonomous vehicles. Finally, the casebook reinforces students’ knowledge of fundamental tort principles while developing specialized expertise and a deeper understanding of the torts process. New to the Second Edition: a dozen new main cases updating older case law, providing coverage of new issues not addressed in the First Edition, and/or improving upon the analysis provided by the associated case in the First Edition; retention of the majority of main cases from the first edition, with revisions to the ensuing notes incorporating relevant case law developments; a reorganized and updated chapter covering the controversy over the relative merits of the consumer expectations and risk-utility tests; comprehensive discussion of the tort version of the implied warranty—the genesis of the consumer expectations test—and its relation to product malfunctions and the risk-utility test; a new chapter addressing the existence of the tort duty and identifying the difference between patent dangers and patent defects; reorganization of the chapter on factual causation, emphasizing the continuity of evidentiary problems running across different types of cases, ranging from the heeding presumption in warning cases, to market-share liability, to proof of both general and specific causation in toxic-tort cases. Professors and students will benefit from: classroom-tested materials taught for over 20 years by an award-winning professor; interesting cases that illustrate both the traditional and contemporary character of products liability litigation; cases are followed by extensive notes; each chapter addressing doctrinal issues concludes with problems on autonomous vehicles. The full set of 29 problems provides students with the necessary background for understanding liability issues posed by this emerging technology. Each problem is followed by the author’s analysis of the associated issues, cross-referenced to the relevant casebook material.

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  Regulation of Lawyers: Problems of Law and Ethics

  Stephen Gillers

  Imagine that you are going to spend substantial time in a distant island nation. You’re excited because you’ve heard a lot of good things about the place, but you’re also a little anxious. Much will resemble home, but many customs will be new. You don’t want to embarrass yourself or, worse, get kicked off the island. You buy a guidebook to tell you how to act in different business and social situations. What should you expect? This book is a guidebook of sorts. Its silent subtitle could be How to Perform in the Law. It tells you how to act in a new place—Lawyerland—a place where most readers of this books will spend decades of their working life. You need to know the customs or, more accurately, the rules in order to thrive. How to act. In The Performance of Self in Everyday Life, the sociologist Erving Goffman compared everyday face-to-face encounters with acting, to a series of performances. In chapter 7A, Robert Post draws on Goffman’s study of performance and acting to help understand the popular perception of American lawyers. “All the world’s a stage,” Jacques declared in As You Like It, anticipating Goffman by centuries. Law practice is also a stage, on which, updated Jacques, a lawyer in her lifetime will play many parts. Here are three things about this book and the class it serves. First, this is your second most important class. A bold statement, but true. Say you become an antitrust lawyer. The criminal procedure class you loved will face in your memory. Or if you become a criminal defense lawyer, you won’t need to know much about copyright. But whatever work you do as a lawyer, you will practice what you learn here every day you got to work. Other courses teach lessons that bear on a client’s problems. This book is about your work as a lawyer. You’re the client. Knowledge of these rules enables you to stay safe and to protect your clients from the misconduct of other lawyers. Also, representing lawyers and law firms in trouble (or needing advice to avoid trouble) is now an established practice area, one that might appeal to you. Second, the book contains many problems. Some are one paragraph, others a page or more. Many are based on or composites of real events that I’ve heard or read about. Many of the problems are dense and messy, like life. They arose yesterday or will tomorrow. A problem may not have all the information required to answer it. Just like practice. You may have to identify what more you need to know. Lawyers know that finding solutions to problems that arise in practice benefits from conversation. So, too, here. Listening to others in class and articulating your own tentative responses will produce a better result than thinking alone. Third, this book has a personality, a voice: mine. In that way, it is unlike some other casebooks. Its voice is conversational. Sometimes, it takes a position. I invite you to disagree. “I” appears with some frequency as the subject of a sentence. As you approach the starting line of your legal career, most important are the rules that constrain your behavior. You will want to know—in such areas as competence, fees, advocacy, confidentiality, conflicts of interest, negotiation, and the client-lawyer relationship—what you may or must do or not do, with confidence that your conduct will not land you before a disciplinary committee, create civil or criminal liability, invite court sanction, forfeit your fee, or damage your reputation. Ethics, a useful shorthand, does not accurately describe all lessons learned here. The law business is heavily regulated. The regulations are growing more complex. This has led to new terms—the law governing lawyers and the law of lawyering—lest anyone be fooled by the word “ethics” into believing that the subject is simply about how to be a good person and lawyer at the same time (although it’s about that, too). It sometimes seems that the public thinks both are not possible. Avoid two errors. Do not believe that the right way to act—toward clients, courts, adversaries, or colleagues—will be intuitively obvious. Sure, sometimes it will be. But no one needs to teach you not to lie or steal. The rules here may be obscure, some may be counterintuitive, and others are subtle in application. Application in turn calls for judgment, and judgment is mostly learned through experience. But it can start now. Do not assume your employer will provide all the protection you need. Most law offices do have systems to detect and avoid mistakes and people to whom lawyers can turn for advice. But the best systems and resources are still not perfect, and anyway, the professional responsibility of a lawyer cannot be delegated wholesale to others. Furthermore, you need to know when you need to seek advice or do research. A broader perspective from which to view the laws and rules that regulate lawyers looks at their effect on civil society and administration of justice. These laws and rules help define the nature and work of the entire profession and therefore the behavior of our legal institutions and the quality of our social justice. For example, a rule that prohibits, requires, or allows a lawyer to reveal a client’s confidential information to protect others from harm will guide a lawyer’s own behavior, but it can also affect what information clients are willing to share with their lawyers. Many rules reflect an effort to reconcile competing interests between clients and others. As you enter law practice, you are likely more interested in such questions as “How must I behave?” and “How can I stay out of trouble?” than in asking, “What are the consequences to civil society and justice if one or another version of a particular rule is applied to the 1.3 million American lawyers?” Still, the last question is important and, if not as immediate, may arise in the course of your professional life. You may someday be in a position to resolve the broader questions—as a member of a bar committee, a legislator, a government lawyer, or a judge. Asking about the consequences to justice and civil society if a rule is resolve one way rather than another—and saying which resolution is best—engenders different answers among both lawyers and the public. Why is that? In part, because the answers depend on political and moral values more fundamental than the “ethics” that informs various codes. And political and moral values of different people differ. In addressing the questions here, we must be honest about the interests we mean to protect. Those of society generally? Those of a particular client population? The legal profession’s? Your own? Law school and law practice, it is sometimes said, encourage more rather than less self-interest. In transition as you are, your answers may vary from what they would have been when you applied to law school, and they will likely be different five years after you graduate. You will enter a profession in greater transition than at any other time in American history. Three forces are reshaping the U.S. law industry: technology, globalization, and competition from new sources. As it happens, while I was writing this preface the Wall St. Journal ran an article entitled “Would You Trust a Lawyer Bot With Your Legal Needs?” by Asa Fitch (August 10, 2020.) And the Utah Supreme Court adopted reforms that allow nonlawyers to own law firms0, and idea that, until recently, would have been unthinkable. Lyle Moran, “Utah Embraces Nonlawyer Ownership of Law Firms as Part of Broad Reforms,” (ABA Journal August 14, 2020). Arizona did, too. See chapter 14B. Will artificial intelligence replace some lawyer tasks? Will it replace some lawyers? Will it reduce the cost of some legal services? Yes, yes, and yes. It has already happened. These three forces are upsetting a lawyer regulatory system that has served the United States well for more than a century, a system based on geography. In that system, lawyers get licensed by a place and serve clients from an office in that place. But technology has challenged the use of geography as the basis for regulation and licensure. The Internet does not recognize borders. Neither may a client’s problems. And algorithm does not need a law license. Technology and globalization have encouraged competition from lawyers outside the U.S. and the ability of non-law businesses to offer legal services at lower cost. Chapters 12C and 14B address these trends. This is the twelfth edition of the book. I started working on it in 1982 shortly before the birth of the first of two amazing daughters to whom all editions have been dedicated. I sent the manuscript to the publisher just after the birth of the second daughter in 1984. The daughters are now out in the world, but the book has never left home. You think a lot about what a casebook is and can be when you live with one so long. The book’s primary purpose is to provide information, but that’s just the beginning. The minimum editorial task would allow me to pick good cases and other materials, edit them, order them logically, add interstitial notes and questions, and put the product between the covers. Voila! A casebook. Or course, one must begin this way, but if nothing more were possible (even if not required), I wonder if I would have kept at it so long. Luckily, more is possible while still serving the book’s goal—to teach the subject. For starters, we can strive for humor, variety, clarity, and good writing. The enterprise will not likely support the wit and moral imagination of an Orwell essay or the originality of a Vonnegut novel—assuming counterfactually that I had the talent to write either (in which case I’d probably be in a different line of work)—but a casebook is a book, after all, and it should have an authorial presence in so far as possible. That’s what makes the book mine. And then there are the stories lawyers tell each other. The legal profession is a culture of storytellers and stories. Harrison Tweed (1885-1969), a president of the New York City Bar Association, once said, “I have a high opinion of lawyers. With all their faults, they stack up well against those in every other occupation or profession. They are better work with or play with or fight with or drink with than most other varieties of mankind.” These words are inscribed on a wall at the Association’s headquarters. As a young lawyer, I thought Tweed was overly effusive, even sanctimonious. At the time, I was inclined to agree with the character in George Bernard Shaw’s play The Doctor’s Dilemma who said that “all professions are conspiracies against the laity.” I still find Tweed a bit over the top and Shaw’s observation spot-on. But now I think that Tweed was onto something. The profession and its members are fascinating to study. Its stories are fascinating to hear. As with the study of any culture, understanding the bar requires density of information. We must know a thousand small details about the actual life within the society of lawyers, not merely a dew doctrines and theories, if we are going to understand Lawyerland truly. I have tried to include some of those details here. I have tried to include stories lawyers tell each other and stories about lawyers from the popular and legal press. I invite your view on the book. What was dull? What worked well? How can the book be improved? Have you encountered a quote or story somewhere (true or fictional) that you think nicely highlights an issue? This editions is indebted to past users who alerted me to interesting sources. All comments will be gratefully acknowledged.

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  Holding A Mirror up to Nature: Shame, Guilt, and Violence in Shakespeare

  James Gilligan and David A.J. Richards

  Shakespeare has been dubbed the greatest psychologist of all time. This book seeks to prove that statement by comparing the playwright's fictional characters with real-life examples of violent individuals, from criminals to political actors. For Gilligan and Richards, the propensity to kill others, even (or especially) when it results in the killer's own death, is the most serious threat to the continued survival of humanity. In this volume, the authors show how humiliated men, with their desire for retribution and revenge, apocryphal violence and political religions, justify and commit violence, and how love and restorative justice can prevent violence. Although our destructive power is far greater than anything that existed in his day, Shakespeare has much to teach us about the psychological and cultural roots of all violence. In this book the authors tell what Shakespeare shows, through the stories of his characters: what causes violence and what prevents it.

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  Litigating the Climate Emergency: How Human Rights, Courts, and Legal Mobilization Can Bolster Climate Action

  César Rodríguez-Garavito

  As the climate emergency intensifies, rights-based climate cases—litigation that is based on human rights law—are becoming an increasingly important tool for securing more ambitious climate action. This book is the first to offer a systematic analysis of the universe of these cases known as human rights and climate change (HRCC) cases. By combining theory, empirical documentation, and strategic debate among preeminent scholars and practitioners from around the world, the book captures the roots, legal innovations, empirical richness, impact, and challenges of this dynamic field of sociolegal practice. It looks specifically at the sociolegal origins and trajectory of HRCC cases, the legal innovations of this type of litigation, and the strategies and impacts of these cases. In doing so, this book equips litigators, researchers, practitioners, students, and concerned citizens with an understanding of an important method of holding governments and corporations accountable for climate harms. This book is also available as Open Access on Cambridge Core.

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  Governing Privacy in Knowledge Commons

  Madelyn Rose Sanfilippo, Brett M. Frischmann, and Katherine J. Strandburg

  Governing Privacy in Knowledge Commons explores how privacy impacts knowledge production, community formation, and collaborative governance in diverse contexts, ranging from academia and IoT, to social media and mental health. Using nine new case studies and a meta-analysis of previous knowledge commons literature, the book integrates the Governing Knowledge Commons framework with Helen Nissenbaum's Contextual Integrity framework. The multidisciplinary case studies show that personal information is often a key component of the resources created by knowledge commons. Moreover, even when it is not the focus of the commons, personal information governance may require community participation and boundaries. Taken together, the chapters illustrate the importance of exit and voice in constructing and sustaining knowledge commons through appropriate personal information flows. They also shed light on the shortcomings of current notice-and-consent style regulation of social media platforms. This title is also available as Open Access on Cambridge Core.

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  The Indigo Book: A Manual of Legal Citation

  Christopher J. Sprigman and Jennifer Romig

  Welcome to The Indigo Book 2.0—a free, Creative Commons-dedicated implementation of the uniform system of citation commonly used in United States legal documents. The Indigo Book (2d ed. 2021) isn’t the same as The Bluebook: A Uniform System of Citation (21st ed. 2020), but it does implement the same system of citation that The Bluebook does. The scope of The Indigo Book’s coverage is roughly equivalent to The Bluebook’s “Bluepages”—that is, The Indigo Book covers legal citation for U.S. legal materials, as well as books, periodicals, and Internet and other electronic resources. For the materials that it covers, anyone using The Indigo Book will produce briefs, memoranda, law review articles, and other legal documents with citations that are compatible with the Uniform System of Citation. Although law students, scholars, and legal professionals sometimes talk about legal citation as if it is truly uniform, the fact is that legal citation has never actually been a uniform national system. Accordingly, The Indigo Book also provides insight into some of the discretionary preferences and jurisdiction specific variations found in legal citation throughout the United States.

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  Research Handbook on Corporate Bankruptcy Law

  Barry E. Adler

  In this Research Handbook, today's leading experts on the law and economics of corporate bankruptcy address fundamental issues such as the efficiency of bankruptcy, the role and treatment of creditors - particularly secured creditors - in the bankruptcy process, the allocation of going-concern surplus among claimants, the desirability of liquidation in the absence of such surplus, the role of contract in bankruptcy resolution, the role of derivatives in the bankruptcy process, the costs of the bankruptcy system, and the special case of financial institutions, among other topics. Chapters trace the historical path of both law and policy analysis, with a focus on how the bankruptcy process serves underlying policy objectives. Proposals to reform corporate bankruptcy are presented. Research Handbook on Corporate Bankruptcy Law includes policy analysis by both lawyers and economists and is thus an invaluable resource to law scholars and students interested in the economic analysis of corporate bankruptcy law, as well as to economics and business scholars and students studying the law of corporate bankruptcy. These pages will prove equally valuable to lawmakers and judges who are interested in policy analysis of corporate bankruptcy. Contributors include: K. Ayotte, D.G. Baird, A.J. Casey, T.H. Jackson, M.B. Jacoby, E.J. Janger, S.J. Lubben, E.R. Morrison, J.A.E. Pottow, R.K. Rasmussen, M.J. Roe, A. Schwartz, M. Simkovic, D. Skeel, R. Squire, G. Triantis, M.J. White, T.J. Zywicki.

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  Baird & Jackson's Bankruptcy: Cases, Problems, and Materials

  Barry E. Adler, Anthony J. Casey, and Edward R. Morrison

  This edition retains the structure of the casebook's earlier editions, but expands its focus to capture the ways that current bankruptcy practice has been reshaped by lawyers and judges. The book reflects a continued commitment to the casebook's original account of bankruptcy law's logic and limits for individual debtors under Chapters 7 and 13 and for corporate debtors under Chapter 11. The updated material takes the book beyond this fundamental approach and adds a focus on modern practice, including new sections that address reorganization plan negotiation, gifting, structured dismissals, and third-party releases, among other important developments. In these ways, the new edition looks backwards and forwards simultaneously toward a more complete understanding of the subject.

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  Alston and Heyns on Unlawful Killings: A Compendium of the Jurisprudence of the United Nations Special Rapporteurs on Extrajudicial, Summary or Arbitrary Executions from 2004-2016

  Philip G. Alston, Christof Heyns, Sarah Knuckey, and Thomas Probert

  This Compendium is being published almost forty years after the United Nations first appointed a Special Rapporteur for dealing with what might, in common parlance, be called unlawful killings. In its current formulation the official mandate, dating from a 1982 resolution of the UN Commission on Human Rights, covers extrajudicial, summary or arbitrary executions, and in the early years of the mandate’s existence a lot of effort went into defining the various terms. Even today, the range of practices falling within the scope of the overall mandate as well as the applicable normative frameworks continue to be debated. But over the past four decades a great deal of attention has been given, at both the domestic and international levels, to developing a comprehensive, coherent, and compelling jurisprudence around unlawful killings in general. As a result, endeavours to characterise killings in terms of any of the three different categories have become much less important than the overall interpretative practice that has evolved as a result of the interplay between the Special Rapporteurs, governments, courts, other human rights bodies, civil society and other actors on violations of the right to life. Between 2004 and 2016 the two of us, in our roles as successive holders of the mandate of UN Special Rapporteur on extrajudicial, summary or arbitrary executions, placed a particular emphasis on developing an understanding of the normative aspects of the mandate. During the twelve years of our successive mandates, emphasis was placed on developing the jurisprudential analysis through the reports on country visits and in the communications letters sent to governments alleging violations, in addition to the thematic reports. For a range of reasons, this was a period in which an array of relatively novel issues were tackled and careful attention needed to be paid to providing in-depth legal analysis to support the views expressed. Our predecessors – Special Rapporteurs Amos Wako (1982-1992), Bacre Waly Ndiaye (1992-1998), and Asma Jahangir (1998-2004) – were deeply involved in winning acceptance for the mandate’s procedures and in establishing the place of the mandate within the overall UN human rights system. Their important contributions to reporting on current developments and to setting out and developing the international law set the foundations for the mandate, and are reflected in the extensive citations to their work in this Compendium. This Compendium brings together, in an accessible and systematic format, the main results of our efforts to develop the part of international human rights law that seeks to regulate the ways in which lethal and potentially lethal force may be used, the positive obligations on governments to respect, protect, and fulfil the right to life, and to spell out the obligations of governments and other actors when killings of any sort occur. In the course of our mandates, we worked closely with a range of colleagues and advisers, both from the UN Office of the High Commissioner for Human Rights and from our respective institutional bases at the Center for Human Rights and Global Justice at New York University School of Law and the Centre for Human Rights at the University of Pretoria. We are particularly indebted to Sarah Knuckey, now the Lieff Cabraser Clinical Professor of Law at Columbia Law School, and Thomas Probert, now Head of Research for the Freedom from Violence project at the Centre for Human Rights, both of whom were especially instrumental in much of the work that we undertook during this period and in bringing this book together. In addition, Philip Alston would like to acknowledge the exceptional contribution made to the work of the mandate by William Abresch and Hina Shamsi, and the important research by others including Jason Morgan-Foster and Jonathan Horowitz. Christof Heyns would like to recognise the sterling work done by his research assistants including Gus Waschefort, Romi Brammer, Tess Borden, and Thompson Chengeta. He is indebted to the expertise shared on a constant basis by colleague Stuart Maslen. Both would like to express gratitude for the first-class support provided to their mandates by the various staff members at the Office of the High Commissioner for Human Rights, including Cecile Aptel, Orest Nowosad, Ulrich Garms, Eric Mongelard, Neal Gilmore, Lydie Ventre, Ugo Cedrangolo, Brenda Vukovic, Irina Tabirta, Alice Viviane Mauske, and Vanessa Asensio Perez, among others.

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  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.

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  Carving Out a Humanity: Race, Rights, And Redemption

  Janet Dewart Bell and Vincent M. Southerland

  Leading law professors weigh in on key issues in race and the law—collected in honor of one of the originators of critical race theory, Derrick Bell When Derrick Bell, one of the originators of critical race theory, turned sixty-five, his wife set up a lecture series of the leading critical race theorists, many of them Bell’s former students. Now, these lectures, given over the course of twenty-five years, are collected for the first time in Carving Out a Humanity, a volume that Library Journal calls “potent” and Kirkus Reviews, in a starred review, says “powerfully acknowledge[s] the persistence of structural racism.” “To what extent does equal protection protect?” asks Ian Haney López in a penetrating analysis of the gaps that remain in our civil rights legal codes. Sherrilyn Ifill, president and director-counsel of the NAACP Legal Defense Fund, describes the hypersegregation of our cities and the limits of the law’s ability to change deep-seated attitudes about race. Patricia J. Williams explores the legacy of slavery in the law’s current constructions of sanity. Anita Allen discusses competing privacy and accountability interests in the lives of African American celebrities. Chuck Lawrence interrogates the judicial backlash against affirmative action. And Michelle Alexander describes what caused her to break ranks with the civil rights community and take up the cause of those our legal system has labeled unworthy. Carving Out a Humanity gathers some of our country’s brightest progressive legal stars in a volume that illuminates facets of the law that have continued to perpetuate racial inequality and to confound our nation at the start of a new millennium. According to Library Journal, “Scholars and lay readers alike will be enlightened and spurred to thought and discussion.” Contributors: Charles Ogletree Charles Lawrence Patricia J. Williams Richard Delgado Lani Guinier Anita Allen Mari Matsuda Cheryl L. Harris Kendall Thomas Derrick Bell John Calmore Robert A. Williams Paul Butler Emma Coleman Jordan Devon W. Carbado Ian Haney Lopez Annette Gordon-Reed William Carter Jr. Stephen Bright Sherrilyn Ifill Michelle Alexander Theodore M. Shaw Angela Onwuachi-Willig Kenneth W. Mack

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  Civil Litigation in New York

  Oscar G. Chase and Robert A. Barker

  This widely used coursebook introduces law students to the intricacies of civil litigation in New York and presents issues in the order in which they arise in a judicial action. The seventh edition includes the most recent legislative changes and litigation problems that reflect new developments.

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  The President and Immigration Law

  Adam B. Cox and Cristina M. Rodríguez

  This book challenges the myth that Congress—not the President—controls immigration law, dictating who may come to the United States, and who may stay, in a detailed and comprehensive legislative code. Drawing on a wide range of sources—rich historical materials, unique data on immigration enforcement, and insider accounts of the nation’s massive immigration bureaucracy—it reveals how the President has become our immigration policymaker-in-chief over the course of two centuries. From founding-era debates over the Alien and Sedition Acts, to Jimmy Carter’s intervention during the Mariel boatlift from Cuba, to the last two administrations’ reactions to Central American asylum seekers at the southern border, presidential crisis management has played an important role in this story. Far more foundational, however, has been the ordinary executive obligation to enforce the law. Over time, the power born of that duty has become the central vehicle for making immigration policy in the United States. In grappling with the implications of this power, the book also provides a blueprint for reform, one that accepts rather than laments the role the President plays in shaping the national community, while outlining strategies to curb the abuse of law enforcement authority in immigration and beyond.

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  EU Law: Text, Cases, and Materials

  Paul Craig and Gráinne de Búrca

  Building on its unrivalled reputation as the definitive EU law textbook, this seventh edition continues to provide clear and insightful analysis of all aspects of European Union law. Drawing on their wealth of experience, Paul Craig and Gráinne de Búrca succeed in bringing together a unique mix of illuminating commentary and well-chosen extracts from a wide range of cases, legislation and academic publications. Chapters have been carefully structured and designed to enhance student learning at all levels, laying the foundations of the subject while building analysis of more complex areas and cutting-edge debates. The seventh edition has been comprehensively updated to reflect the extensive legal developments that have taken place since publication of the sixth edition, and a new chapter on current challenges facing the EU (including Brexit and the rule of law crisis) has been added

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  The Logic of Subchapter K: A Conceptual Guide to the Taxation of Partnerships

  Laura E. Cunningham and Noël B. Cunningham

  The Logic of Subchapter K was originally intended for use as a text for a law school course in Partnership Taxation. Together with the accompanying problem set and teachers manual, it guides students through the conceptual framework of subchapter K, while thoroughly covering the many difficult technical matters in the statutes and regulations, with the goal of giving students a firm understanding of this most difficult subject. Each chapter begins with a basic explanation of the relevant provisions and the roles that they play in the overall structure of subchapter K. It includes an increasingly detailed discussion of the specific rules, including multiple illustrative examples. Each chapter builds on the earlier chapters, leading the student through subchapter K. The authors have successfully used the text and problems for both JD and LLM courses at NYU School of Law, Yale Law School, Cardozo School of Law, and Hastings College of the Law. Since the publication of the first edition of the book in 1996, it has also been used widely in business and accounting courses outside of the law school setting. It is also on the shelf of many practitioners. This 6th Edition addresses multiple changes made by the Tax Cuts and Jobs Act of 2017, including Section 199A qualified business deduction, the expensing of assets under Section 168(k), partnership terminations under Section 708, and an assortment of regulatory changes made in the three years since publication of the 5th Edition.

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  No Justice in the Shadows: How America Criminalizes Immigrants

  Alina Das

  This provocative account of our immigration system’s long, racist history reveals how it has become the brutal machine that upends the lives of millions of immigrants today. Each year in the United States, hundreds of thousands of people are arrested, imprisoned, and deported, trapped in what leading immigrant rights activist and lawyer Alina Das calls the “deportation machine.” The bulk of the arrests target people who have a criminal record — so-called “criminal aliens” — the majority of whose offenses are immigration-, drug-, or traffic-related. These individuals are uprooted and banished from their homes, their families, and their communities. Through the stories of those caught in the system, Das traces the ugly history of immigration policy to explain how the U.S. constructed the idea of the “criminal alien,” effectively dividing immigrants into the categories “good” and “bad,” “deserving” and “undeserving.” As Das argues, we need to confront the cruelty of the machine so that we can build an inclusive immigration policy premised on human dignity and break the cycle once and for all.

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  The Dubious Morality of Modern Administrative Law

  Richard A. Epstein

  Modern administrative law has been the subject of intense and protracted intellectual debate, from legal theorists to such high-profile judicial confirmations as those conducted for Supreme Court justices Neil Gorsuch and Brett Kavanaugh. On one side, defenders of limited government argue that the growth of the administrative state threatens traditional ideas of private property, freedom of contract, and limited government. On the other, modern progressives champion a large administrative state that delegates to key agencies in the executive branch, rather than to Congress, broad discretion to implement major social and institutional reforms. In this book, Richard A. Epstein, one of America’s most prominent legal scholars, provides a withering critique of how theadministrative state has gone astray since the New Deal. First examining how federal administrative powers worked well in an earlier age of limited government, dealing with such issues as land grants, patents, tariffs and government employment contracts, Epstein then explains how modern broad mandates for delegated authority are inconsistent with the rule of law and lead to systematic abuse in a wide range of subject matter areas: environmental law; labor law; food and drug law; communications laws, securities law and more. He offers detailed critiques of major administrative laws that are now under reconsideration in the Supreme Court and provides recommendations as to how the Supreme Court can roll back the administrative state in a coherent way.

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  Cases and Materials on Torts

  Richard A. Epstein and Catherine M. Sharkey

  Cases and Materials on Torts preserves historical and conceptual continuity between the present and the past, while addressing the most significant contemporary controversies in such fast-moving areas like public nuisance, global warming, and product liability, with new litigation against internet providers. Toward these dual ends, Richard A. Epstein and Catherine M. Sharkey have retained in the Twelfth Edition the great older cases, both English and American, that have proved themselves time and again in the classroom, and which continue to exert great influence on the modern law. Our book also provides a rich exploration of the dominant corrective justice and law-and-economics approaches to tort law, as exemplified both in the retained and new cases and materials. New to the Twelfth Edition: extensive new treatment of public nuisance cases to address the profound expansion of the once-sleepy area of public nuisance law into the realms of the opioid crisis, toxic torts, and global warming; major reconsideration of who counts as a seller in the chain of distribution for goods sold online with product liability updates for various forms of e-commerce, such as Amazon’s liability for defective products sold on its site; updates to incorporate two major new Torts Restatements on Intentional Harms and Liability InsuranceThe Reforms of the Michigan No-Fault Legislation; enhanced treatment of privacy in the era of “Big Data” to address trend of large data collectors like Facebook and Google to determine what is reasonable online, incorporating major privacy legislation such as California’s Consumer Privacy Act and the European GDPR (General Data Protection Regulation); expansion of materials that address race and gender disparities in the setting of damages awards; and, in the realm of punitive damages innovative remedies directing some portion of the award to public interest groups. Professors and students will benefit from: clear organizational framework of the book; important lines of cases that help understand legal reasoning and the evolution of precedent; inclusion of key academic commentary and elaboration of central intellectual disputes over the nature and function of the tort law; ability to pick and choose modules of interest – such as defamation, privacy, and economic harms—which are of increasing importance in real world of tort litigation; extensive notes with topic headlines that elaborate basic concepts and extend into the most complex contemporary issues facing courts; great attention given to cutting edge tort developments.

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  Labor Law

  Samuel Estreicher and Matthew T. Bodie

  This one-volume, concise treatise on labor law explains the analytical structure that governs how employees form workplace organizations and bargain over the terms and conditions of employment. It covers new forms of labor organizing, such as the corporate campaign, card check/neutrality agreements, and worker centers. It is designed to complement leading labor law casebooks with analysis of the principal decisions, context, and social justice policy. It reflects decisional and other developments through August 2019.

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  Due Process as a Limit to Discretion in International Commercial Arbitration

  Franco Ferrari, Friedrich Jakob Rosenfeld, and Dietmar Czernich

  The absence of a coherent body of case law on due process has increasingly motivated recalcitrant parties to use due process as a strategic tool, thereby putting at risk the prospect of obtaining an enforceable award in expeditious proceedings. Countering this inherent danger, here for the first time is a comprehensive study on due process as a limit to arbitral discretion, showing how due process applies in practice in key jurisdictions around the world. Based on country reports prepared by leading arbitration practitioners and academics, the book explores how courts in major arbitration jurisdictions apply due process guarantees when performing their post-award review. The contributors, driven by an interest in exploring the interplay between due process and efficiency, focus on those due process guarantees that set limits to arbitral discretion. Matters covered include the following: the right to be heard and how it may be affected by submission deadlines, evidentiary offers by the opposing party, and directions to the parties as to which aspects require further pleading; the right to be treated equally and its interplay with the duty to give each party full opportunity to present its case and to comment on submissions and evidence filed by the other party; the duty to effect proper notice, including delivery and language issues; the independence and impartiality of arbitrators with a focus on when an arbitrator’s conduct can become the basis for a successful challenge; and courts’ standards of deference when examining issues arising at the post-award stage. An introductory general report thoroughly analyses the normative basis of due process and its interplay with party autonomy, as well as applicable standards of review and commonalities among manifestations of due process across jurisdictions. A signal contribution to the debate regarding the so-called due process paranoia affecting arbitral tribunals—a topic relevant in every single arbitration proceeding – this book provides practical guidelines on how to maintain the balance between due process and efficiency and how to apply due process and counteract its misuse in arbitration proceedings. It will be welcomed by counsel, arbitrators, and judges from all countries, as well as by academics and researchers concerned with international commercial arbitration.

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  Forum Shopping and International Commercial Law

  Franco Ferrari and Aaron D. Simowitz

  Commentators and courts disagree on such fundamental issues as the definition of forum shopping and whether it is an ‘unsung virtue’ or an untrammelled vice. Disagreements persist on how to deal with “virtuous” forum shopping or how best to proscribe “evil” forum shopping, if such a distinction can at all be made. The articles reprinted in this three-volume collection illuminate, explore and contest these questions. Volume I analyses the definitions and purposes of forum shopping, the right and duty to practise it and how it relates to private international law. Volume II focuses on the link between forum shopping and uniform substantive law as well as discussing jurisdictional issues and arbitration. Volume III investigates defamation, intellectual property and competition law, as well as examining insolvency proceedings along with treaty shopping. Together with an introduction by the editors, this collection provides a comprehensive overview of the topic and will prove useful to academics, students and practitioners alike.

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  Cases and Materials on U.S. Antitrust in Global Context

  Eleanor M. Fox and Daniel A. Crane

  The Fox/Crane casebook is rich with political economy, economics, global perspective, and in general the analytics of solving contemporary antitrust problems in the United States and the world. Useful in a 3 or 4-credit course and as a desk book, the volume features the contemporary debates about big data platforms and their antitrust accountability, all of the landmark U.S. antitrust cases, the debate about goals, the effects of new technologies, and references to converging and diverging European, South African and other jurisprudence. It provides a clear presentation of the tools for analysis, examining assumptions that may influence outcomes. The work is unique in its probing questions that explore the line between hard competition and abuse of power, and its problem sets for analysis and debate.

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  Judicial Decision-Making: A Coursebook

  Barry Friedman, Margaret H. Lemos, Andrew D. Martin, Tom S. Clark, Allison Orr Larsen, and Anna Harvey

  This book is the only comprehensive treatment of judicial decision-making that combines social science with a sophisticated understanding of law and legal institutions. It is designed for everyone from undergraduates to law students and graduate students. Topics include whether the identity of the judge matters in deciding a case, how different types of lawyers and litigants shape the work of judges, how judges follow or defy the decisions of higher courts, how judges bargain with one another on multi-member courts, how judges get and keep their jobs, and how the judicial branch interacts with the other branches of government and the general public. The book explains how these individual and institutional features affect who wins and loses cases, and how the law itself is changed. It is built around well-known and accessible disputes such as gay marriage, women’s rights, Obamacare, and the death penalty; and it offers students a new way to think about familiar legal issues and demonstrates how legal and social-science perspectives can produce a better understanding of courts and judges.

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  Principles of Products Liability

  Mark A. Geistfeld

  A state-of-the-art study of products liability, showing how ancient laws have evolved into liability rules capable of solving the safety questions raised by new or emerging technologies, ranging from autonomous vehicles to the Amazon online marketplace. The rule of strict products liability from the last century has been transformed into a more comprehensive liability regime—“strict products liability 2.0”—that incorporates the risk-utility test into the consumer-expectations framework of strict products liability. Across the important issues, this form of liability sharpens the inquiry about what’s at stake, supplying strong rationales for a host of otherwise contentious doctrines—from federal preemption to the relevance of scientific evidence in toxic-tort cases. The analysis throughout relies on extended discussion of the black-letter rules and associated controversies in the case law, providing a solid foundation for understanding this vitally important area of the law.

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  The Birth of Doubt: Confronting Uncertainty in Early Rabbinic Literature

  Moshe Halbertal and Elli Fisher

  A systematic attempt to understand the rabbinic world through its approach to confronting uncertainty In the history of halakhah, the treatment of uncertainty became one of the most complex fields of intense study. In his latest book, Moshe Halbertal focuses on examining the point of origin of the study of uncertainty in early rabbinic literature, including the Mishnah, Tosefta, and halakhic midrashim. Halbertal explores instructions concerning how to behave in situations of uncertainty ranging from matters of ritual purity, to lineage and marriage, to monetary law, and to the laws of forbidden foods. This examination of the rules of uncertainty introduced in early rabbinic literature reveals that these rules were not aimed at avoiding but rather at dwelling in the midst of uncertainty, thus rejecting the sectarian isolationism that sought to minimize a community's experience of and friction with uncertainty. Features: A thorough investigation of the principles concerning how to behave in cases of uncertainty An examination of two distinct modes for coping with uncertainty.