Faculty Books & Edited Works

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Enterprise Organization: Cases, Statutes, and Analysis on Licensing, Employment, Agency, Partnerships, Associations, and Corporations

Alfred F. Conard, Robert L. Knauss, and Stanley Siegel

We have designed this coursebook for the purpose of introducing our students to the entire spectrum of private business organizations, with side glances at nonprofit organizations. We believe that the lawyers who graduate from our classes should be familiar not only with the corporate form of organization, which dominates big business, but also with the partnership form, in which many of them will participate personally, and with individual proprietorships, which far outnumber partnerships and corporations combined. This purpose has led us to look beyond the rules of law that are peculiar to the particular forms, to other rules that pervade the lives of enterprises. We have included an extensive exploration of agency in tort and contract, which is inescapably involved in nearly every contract between enterprises and the members of the public with whom they do business or to whom they cause harm. More briefly, we introduce the reader to the requirements of licensing and filing. We aspire not only to enlighten our readers about the rules of decision, but also to provoke serious explorations of the social and economic policies that are served, and sometimes disserved, by legal rules. Occasionally, we present different legal approaches that have been found compatible with prosperous economies in other industrialized societies. Like other instructors, we hope to stimulate our students to further inquiry by generous references to cases and analyses outside the central reading material, with laconic summaries of the points involved. We have found that these summaries are more enticing than unanswered questions followed by citations that give no indication of where the inquiry will lead. The materials of this book are drawn entirely from the companion volume on Enterprise Organization (third edition), and are offered in this form for those instructors who may wish to present a separate course on noncorporate organization or to use a separate text on corporation law. We have included in the coursebook for ready reference the texts of the Uniform Partnership Act and both the original and revised versions of the Uniform Limited Partnership Act. The present edition carries forward the approaches that have been welcomed by teachers in two preceding editions under this title, and three before them under the title of “Business Organization.” In areas where change has been notable, as for example in limited partnerships, we have substituted or added substantial quantities of new material. We hope the result will help future cohorts of lawyers to understand the legal structure of the organizations that conduct much of our economic life, and to promote not only the interests of their clients but also those of the nation.
Miller's Court

Arthur R. Miller

Arthur R. Miller, a familiar face in millions of households nationwide, has demonstrated his genius at bringing the law to life on ABC's Good Morning Americaand his highly rated television series, Miller's Court, which has been getting rave reviews. In this book, he deals with a variety of topics that hit us all close to home and illustrates how much the law affects our everyday lives. For instance, what rights do you have if you injure a burglar in your own home? Did you know that accepting employment implies an employment contract and that it gives both you and your employer very specific rights and responsibilities? How does the law deal with all that sports violence you see on television - and fan violence, too, for that matter? Who has the upper hand, landlords or tenants? Miller addresses the problems of civil disobedience, child custody, and the right of privacy as well as censorship, abortion, genetic engineering, pornography, medical malpractice, and the rights of teen-agers. Treating subjects like these, Arthur Miller unravels some of the seeming mysteries of our law and shows the rationale behind the law. By putting you in the middle of a stimulating lively discussion, as he does on his television show, he makes what might have seemed absurd or complex entirely comprehensible. Though there may be times when you'll need a lawyer, reading this book will give you a better understanding of your rights, the legal system, and how to protect yourself and your loved ones.
The Roots of American Bureaucracy, 1830-1900

William E. Nelson

William Nelson reinterprets nineteenth-century American history as a struggle between majority rule and minority rights. From this fresh point of view, he traces the roots of American bureaucracy. Nelson analyzes the majority–minority tension form the Jacksonian revolution of strong party rule and majoritarian decisionmaking through the abolitionist crisis, the Civil War, Reconstruction, and the rise of industrialism. He shows that ultimately political and legal pluralism emerged to protect minority and individual rights. The instrument of a professional bureaucracy with neutral political standards was fashioned. Personalities as seemingly disparate as Henry Adams, John W. Burgess, Charles W. Eliot, Christopher Columbus Langdell, and Theodore Roosevelt all contributed in an effort to stop the centralizing impact of democracy. Nelson’s new way of thinking about the period puts into different perspective the actions of the three branches of federal government, its courts and administrative agencies, and even the states. All shifted toward bureaucratic or neutral standards, reliance on experts, and professionalization. Legal thought changed from an instrumental to a formal reasoning style, civil service tamped down partisan politics, and in Congress, seniority and the committee system check democratic tendencies.
Sex, Drugs, Death and the Law: An Essay on Human Rights and Overcriminalization

David A.J. Richards

Among the most commonly argued legal questions are those involving "victimless" crimes—consensual adult sexual relations (including homosexuality and prostitution), the use of drugs, and the right to die. How can they be distinguished from proper crimes, and how can we, as citizens, judge the complex moral and legal issues that such questions entail? David Richards, a teacher of law in the areas of constitutional and criminal law, and a moral and legal philosopher concerned with the investigation of legal concepts, applies an interdisciplinary approach to the question of overcriminalization, he draws on legal and philosophical arguments and links the subject to history, psychology, social science, and literature. To demonstrate how gross and unjust overcriminalization has developed, Professor Richards explores basic assumptions that often underlie the common American sense of proper criminalization.
The Rejection of Consequentialism: A Philosophical Investigation of the Considerations Underlying Rival Moral Conceptions

Samuel Scheffler

According to an ancient if occasionally unfashionable view, the subject matter of moral philosophy is organized in the first instance around the question of how people ought to live their lives. That is certainly how I conceive of the subject, and as a consequence it has sometimes seemed to me that only a fool or a fanatic could seriously think himself ‘professionally’ competent to express and defend views in this area. Despite these scruples, which perhaps represent my better judgement, I am submitting the work that follows for the reader’s consideration. In mitigation, I can only say that if the subject matter of moral philosophy is vast and daunting, as it is, and if the complexity and power of the experiences that typically prompt moral reflection sometimes make the theorist’s abstractions seem hollow and glib, as they do, it is also true that the question which animates the subject as I conceive it is vivid and gripping and demands our attention, even if all too often we acknowledge the demand only by contriving to ignore it. This book grows out of a dissertation which I submitted for the Ph. D. at Princeton in 1977. But my interest in the topics it deals with is as longstanding as my interest in philosophy itself. The first philosophy course I took as an undergraduate at Harvard was a course on ethics taught by Roderick Firth. At the time, I found myself strongly drawn to the deontological views, though not the epistemological intuitionism, of W. D. Ross, and utilitarianism I found thoroughly abhorrent. Rejecting Ross’s own intuitionism, I began to worry about how a deontological view might be defended. My worries have only increased since that time, as the reader of this book will discover, and have led me in directions that have sometimes surprised and dismayed me. This book charts the current state of my thinking.
The International Dimensions of Human Rights

Karel Vasak and Philip G. Alston

“Human rights are neither a new morality nor a lay religion and are much more than a language common to all mankind. They are requirements which the investigator must study and integrate into his knowledge, using the rules and methods of science, whether this is philosophy, the humanities of the natural sciences, sociology or law, history or geography. In a word, the task is gradually to build up or promote a genuine scientific formulation of human rights.” This work is a treatise intended to be of use in the teaching of human rights; it has been produced with this purpose in mind. Since the Second World War, there has been a prodigious development of ideas, expressions, behavior patterns, rules and institutions, the novelty of which lies not so much in its nature as in the scal on which it has occurred. This has resulted in what may truly be termed a “human rights phenomenon”. True, this phenomenon has not arisen ex nihilo; it has derived from a past which is common to all mankind in that human rights have benefited from every major trend of thought. It is not our intention to demonstrate this again because Unesco, ever mindful to “give credit where credit is due” by tracing back to their origins the ideas which inspire and guide us, has already done so. In 1965, at the memorable Oxford Round Table, the philosophy and content of the Universal Declaration of Human Rights were examined in the context of the various religious traditions, ideologies, cultures and dominant values of various types of society. Then, the admirable work, Birthright of Man, although modestly described as a “selection of texts’, in fact provided a dazzling display of those fraternal bonds which cannot but unite all those who together constitute the human race. To make a summary here of these two fundamental publications would be to mutilate them, but they must be constantly referred to, it the inspiration and the very substance of this treatise are to be understood. While the “human rights phenomenon” derives from the past, it is also tied in with the present, a present in the process of continual change. In the face of this contemporary phenomenon there is but one valid approach: that awareness from which the human rights phenomenon springs must, if it is not to lapse into a sterile romanticism of fall prey to an exclusive ideology, thereby giving rise to an irreversible wave of violence, be sustained by objective and impartial work. In other words, the specific manifestation of human rights in the latter half of the 20th century makes it mandatory that these rights be regarded as “subjects of scientific investigation” constituting a particular field of study, in order that respect for human rights be based upon scientific data rather than dictated by the express requirements of a dogma. It is for this reason that the contemporary phenomenon of human rights demands that a genuine science of human rights be developed, the objectivity and rigour of which will vouch for the independence of human rights from any particular school of thought or any particular interpretation of reality. Any science in the process of formation must start off by defining its subject and working out its method. This was one of the goals of the Nice Colloquium, organized on 5 and 6 March 1971, at the request of Unesco, by the International Institute of Human Rights, on the theme: “The Methodology and Teaching of the Science of Human Rights”. At the colloquium René Cassin, the principal drafter of the Universal Declaration of Human Rights, gave a deductive definition. Conducted with the help of a computer which was fed with more than 50,000 terms relating to “human rights,” this study has enable me, by using those terms which were most frequently employed, to define the science of human rights as follows: “The science of human rights concerns the individual person living within a state who, being accused of an offense or being the victim of a situation of war, benefits from the protection of the aw, due to either the intercession of the national judge or that of international organizations (such as the organs of the European Convention on Human Rights), and whose rights, particularly the right to equality, are harmonized with the requirements of public order.” One cannot fail to be struck by the fact that in this second definition, which is more descriptive than teleological, it is the law, synonymous with freedom, which occupies the central place among the means of protecting human rights, and that it is equality which, among human rights, is given the leading place. It is obvious, as suggested by the two definitions, that in the study of human rights all the human disciplines interconnect and enrich each other to form, with human rights, the equivalent of philosophy in the Middle Ages, the science of sciences. Even though some will balk at this “domination” of human rights over the other sciences, we shall certainly be quite prepared to draw the conclusion that there is a need for an interdisciplinary study of human rights. Indeed, this is the only method which will make it possible to grasp the wealth and variety of human rights as well as their relative and global character. This treatise is, however, primarily a legal treatise, intended first and foremost to be of use in the teaching of human rights in Faculties of Law and in Faculties of Political and Social Sciences. This juristic approach is not without risks insofar as, in sociology, it will not provide any clear evidence of the fact that human rights constitute one element among others of the structures of society, and that, consequently, violations of human rights may be total and not particularized, being the result of certain inherently unjust and inhumane social structures. This danger of the study of human rights being thereby deprived of some of its value is undeniable. However, this can be surmounted b increasing the number of interdisciplinary research undertakings in the field of human rights; Unesco will aid in this task in coming years, as is stressed in its Medium-Term Plan. The truth of the matter is that this first treatise on human rights is primarily a legal treatise for practical reasons and because there is a need for such a work in education. The language in which human rights are formulated is primarily the language of law; it consequently falls to the jurist to be the first to gather together the various scattered elements in this field and to provide a survey of them. Thus, it was the Law Faculties throughout the world who were the first to open the door to the scientific study of human rights. Today their teachers and students demand teaching materials which will enable them to go beyond general notions now taught everywhere in courses on constitutional law or in those relating to the public international law. It is primarily for them that this treatise is intended. This “Unesco Treatise on Human Rights” is a collective work. Having had the honour of overseeing its preparation, I have taken care not to modify its collective character, and each author has been allowed complete freedom to guarantee the independent nature of the treatise. No leading idea governs this treatise, save that it should be of use in the teaching of human rights; it expresses no particular ideology, even though it tends perhaps to reflect all ideologies, owing to the choice of its authors. Of course, this diversity is not without drawbacks. For example, after reading this treatise, the reader will not know if the right to self-determination is a genuine human right, if it is a necessary, but not sufficient, condition for human rights, or if it is a so-called constitutional principle of human rights. All these theses are formulated, explicitly or implicitly, in this work. In the final analysis, the diversity of views presented constitutes an invitation to the reader to exercise his own right as a human being to choose freely one or the other of these theses or to propose his own. The divergence may be even more fundamental. Thus, some of the authors of the treatise support the thesis of absolution sovereignty of the State and consequently, the absolute bearing of Article 2, paragraph 7, of the United Nations Charter, being of the opinion that human rights are solely a matter of domestic jurisdiction and that the international “protection” of human rights is in actual fact merely a particular form of co-operation between the sovereign States. Other authors of the treatise are far from subscribing to this thesis. While not questioning the notion of sovereignty, they emphasize its limits and relative character and, most of all, they stress its subordination to international law, of which human rights form a part, particularly since human rights have been enshrined in several provisions in the United Nations Charter. In point of fact, the opinions differ only in regard to the extent to which sovereignty is, if not limited, at least determined in respect of its exercise, by the development of international law and, primarily, by international human rights law, the existence of which, in my opinion at least, is now difficult to deny. Other examples of similarly conflicting views, and consequently of the same freedom of critical opinion, can be found in the pages of the treatise. Is this a defect? I don’t think so, being of the opinion that all the theses deserve to be known provided, however, that they are set forth in a spirit of tolerance and of respect for others, as this treatise seeks to do. If, however, the treatise contains anything that gives offence, it does so unintentionally and, above all, unwittingly.
Development and the Rule of Law: Prevention versus Cure as a Human Rights Strategy

Philip G. Alston

Until very recently the pursuit of human rights objectives has been undertaken in relative isolation from the massive efforts which have been devoted to the elusive quest for development. The loss has been twofold. On the one hand human rights initiatives have foundered because they have sought to treat the symptoms of repression without paying adequate regard to the deeper structural problems which gave rise to the symptoms in the first place. In many instances these problems are rooted in underdevelopment or maldevelopment. On the other hand development programmes have made only very limited headway, due in large part to their overriding preoccupation with growth in macro-economic terms and their consequent neglect of the human factor. Even today the vast majority of economists and development planners look upon human rights issues as extraneous and largely irrelevant matters, the consideration of which can only hinder efficiency and provoke political controversy. Since 1977, United Nations human rights organs have been engaged in a major effort to relate their specific concerns to a range of broader structural issues and to bring human rights endeavours closer to the mainstream of international social and economic concerns. Over the same period the International Commission of Jurists, in cooperation with other bodies, has organized a series of regional or sub-regional seminars around the broad theme of human rights and development. Seminars have been held in Dar-es-Salaam (1976), Barbados (1977), Dakar (1978), and Bogota (1979), and others are planned. The present paper is designed to provide an overview of some of the main development issues with which the international human rights community has been attempting to grapple in recent years. While the treatment provided is by no means comprehensive, an effort has been made to describe as well as provide an objective assessment of pro- gress to date in this field.
Medicine and Moral Philosophy

Thomas Nagel, Marshall Cohen, and Thomas Scanlon

Responding to the increased public interest in the moral aspects of medical practice, this collection of essays focuses on questions of justice and injustice in the delivery and distribution of medical care and on problems concerning the rights of patients in their relationship to doctors, medical institutions, and government.
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.
Essays on China's Legal Tradition

Jerome A. Cohen, R. Randle Edwards, and Fu-mei Chang Chen

In this volume of essays a group of scholars from Europe, Japan, the Republic of China, and the United States examines China’s legal tradition to determine its importance for the study of both pre-modern China and of contemporary affairs.
Civil Procedure: Cases and Materials

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

Prior edition of Civil Procedure: Cases and Materials.
Higher Education and the Unholy Crusade Against Governmental Regulation

Harry T. Edwards

Issues pertaining to increasing government regulation of higher education, monetary and nonmonetary costs of such regulation, and court cases and legislation that illustrate the academic autonomy versus governmental interference conflict are considered in this book by a circuit judge. It is suggested that although colleges and universities have been involved in governmental regulations and court suits in the 1970s, they have fared well, especially when their dependence on governmental agencies for funding is considered. It is claimed that the criticism that the implementation of federal regulations is draining schools of too much money has not been substantiated. However, no one is sure how much federal regulation costs. It is suggested that as a critical element in society, education cannot expect to continue to be left completely autonomous, particularly since educational institutions have contributed to social injustices. One approach to determine the impact of governmental regulations is to study court opinions that have faced the conflict between the government's desire to implement public policies and the academicians' desire to remain autonomous from governmental interference. Significant legal developments in the following areas of special concern to educators are reviewed: employment discrimination, procedural due process for faculty, financial exigency as a ground for dismissal, procedural due process for students, Title IX, and the Rehabilitation Act of 1973. It is concluded that these developments demonstrate that the doctrine of academic abstention has remained substantially intact. It is predicted that in the next decade the disruptive effects of external regulations will likely decrease. Views expressed by the Sloan Commission on Government and Higher Education are considered. A bibliography is appended.
An Introduction to the American Legal System: A Supplement to Higher Education and the Law

Harry T. Edwards and Virginia Davis Nordin

As a supplement to the basic text, "Higher Education and the Law," this book briefly describes the American legal system for scholars, students, and administrators in the field of higher education who have had little or no legal training. The following topics are addressed: The United States Courts, the process of judicial review, reading and understanding judicial opinions, state court systems, legislative and statutory sources of law, and administrative rules and regulations as sources of law. A chart of the organization of the U.S. courts is included. The following forms of congressional action are covered: the bill, the joint resolution, the concurrent resolution, and the simple resolution. Rules of procedure in the U.S. Senate and House of Representatives, presidential action, and the following steps in the enactment of a valid law are described: publication, "slip law," statutes at large, and the United States Code. The text of the United States Constitution and a bibliography are appended.
Modern Products Liability Law

Richard A. Epstein

The law of products liability has been central to the movement for consumers' rights ever since the Progressive Era early in this century. But, over the past ten years, the importance of this law has increased dramatically. Many more products liability suits are being brought. Settlements are larger and more frequent. Many more lawyers, even entire firms, are specializing in this increasingly lucrative field. And liablilty insurance rates for manufacturers have skyrocketed. This book is the first comprehensive, informed study of a rapidly evolving - and hotly controversial - area of civil law. Richard Epstein begins with the historical background to products liability law. After tracing its nineteenth- and early twentieth-century antecedents, he examines key provisions of the Restatment (Second) of Torts, as well as such precedent-setting court cases as Escola v. Coca-Cola Bottling Company and Greenman v. Yuba Power Company. He then turns to a close analysis of the modern law - the theories behind it, the defenses available under it, the thorny questions of procedure and proof on which it finally rests. Such basic issues as the matter of design defects and the duty to warn are analyzed, as is the controversial question of punitive damages. Each of the major rules that currently govern products liablity suits is examined in terms of its intrinsic fairness and its probable incentive effect. Epstein finds much to fault in the received wisdom about modern products liability law. He maintains that today's often confused laws result in great administrative costs and uncertainty on the part of consumers, manufacturers, and legal specialists. He stresses the central distinction - often disregarded by today's overprotective courts - between products that conform to general consumer expectations and products that contain hidden defects of which the consumer is wholly unaware. Any lawyer, judge, researcher, or business person involved in the issue of products liability will find this book an incomparable fund of information and insights.
The Rights of Parents: The Basic ACLU Guide to the Rights of Parents

Martin Guggenheim and Alan Sussman

We live in a society in which the family is one of the last bastions of private and personal judgment. THE RIGHTS OF PARENTS is a clear, concise guide that cuts through the myths and legalese of family law and offers straightforward advice concerning the legal status of parents. Here is where you stand with: Landlords—Can you be denied housing because of your children? School Boards—Can your child be disciplined without your permission? Medical Treatment—Who has control over your child’s health? The Law—When can parental rights be terminated? Ex-Spouses—What are your rights? What are theirs? What is “child-snatching”? Employers—Can you be denied a job because you have pre-school-age children? Government Agencies—How much power do they really have? In-Laws—When can they help? When can they hinder? One of a series of authoritative handbooks, THE RIGHTS OF PARENTS will help you to protect one of the most precious rights of all: the right to bear and raise children.
Marx, Justice, and History

Thomas Nagel, Marshall Cohen, and Thomas Scanlon

The political and ideological turmoil of the late 1960’s stimulated among Anglo-American philosophers a new interest in applying moral philosophy to the problems of contemporary society, and a search for critical perspectives on Marx and Marxist thought. These essays, originally published in Philosophy & Public Affairs, contribute to both these areas in the form of new Marxist scholarship and in illuminating the way in which Marxist criticism and social theory bear on contemporary analytic moral philosophy and current moral problems.
Weinstein, Korn, & Miller CPLR Manual

Jack B. Weinstein, Harold L. Korn, and Arthur R. Miller

Covering the major subjects of New York civil procedure under the Civil Practice Law and Rules of New York, this 2-volume set is topically organized to be a valuable, quick reference guide that provides complete, succinct coverage. The Weinstein, Korn and Miller CPLR Manual serves as a time-saving complement to the Weinstein, Korn and Miller treatise, New York Civil Practice: CPLR, through cross-referencing to more detailed analysis, and is revised and updated with the most recent legal developments by General Editor David L. Ferstendig.
Administrative Law and Regulatory Policy

Stephen G. Breyer and Richard B. Stewart

The tradition course on Administrative Law primarily concerns the delegation of power to administrative agencies, the procedures that the law requires them to follow, the legal requirements for obtaining judicial review of agency decisions, and the standards applied during that review. Critics of this course persistently and increasingly raise two important objections: First, isn’t such a course too abstract? Too remote from the substantive essence of agency decisionmaking? Aren’t efforts to generalize across decisions arising out of many different agencies and substantive fields misleading? Don’t those decisions often reflect no more than court efforts to deal with distasteful agency action on a case-by-case basis, perhaps masked by appeals to procedural principle? In a word, is it possible to understand these court decisions without understanding the substantive work of the agency? Second, doesn’t concentration upon appellate court decisions mislead the student about what agencies do? The impact of judicial decisions upon agency work may often be slight; and court review may constitute only a small part of the work of lawyers who practice before the agency. Should future lawyers not be given a broader understanding of the many other factors that affect the impact that agency action has upon the world? This casebook represents an effort to preserve the essential virtues of the traditional course while adapting it to meet these objections. The materials are organized along traditional procedural lines, as updated to reflect the vast change that has overtaken this body of law in recent years. At the same time the book uses notes and problems systematically to survey regulation, as broadly conceived to deal not only with prices and entry, but also with health, safety, and the environment. It shows the interaction between substance and procedure; and (particularly in Chapter 8) it describes some of the bureaucratic and political factors at work. Thus, this casebook might be used in two different ways. The teacher who wishes to emphasize the “administrative process” rather than “administrative procedure” might use this book to do so. It will introduce the future practitioner to the substance of much regulation, its interplay with procedural rules, the agency seen as a bureaucratic institution, and the basic steps for obtaining court review. The teacher of the traditional course might teach that course from this book as well, using the substantive notes and comments as supplementary aids. We recommend that those emphasizing regulatory aspects of the book in their courses refer to the Teachers Manual, which is based on our teaching notes. The book’s cases, questions and problems are deliberately organized to elicit in class discussion the points and issues that the Manual contains. The book provides sufficient material for a four-hour course. Those wishing to teach a three-hour course are advised to forgo selected substantive areas of regulation (such as utility rate regulation; food and drug regulation; FTC regulation of false advertising) or procedural topics (such as application of due process; privacy jurisdiction; Freedom of information Act) or a combination thereof.
Emerson, Haber, and Dorsen's Political and Civil Rights in the United States

Norman Dorsen, Paul Bender, Burt Neuborne, and Sylvia A. Law

This is the fourth edition of legal and other materials that are designed to be a comprehensive source book for lawyers facing civil liberties or civil rights issues in their practice and a teaching text for students who are taking courses and seminars in the subject or doing research in it. The book traces its lineage to mimeographed teaching materials prepared at the Yale Law School by Professors Thomas Emerson and David Haber during the late 1940s and to a first edition they published in 1952. A second edition appeared in 1958 and a third, which Professor Norman Dorsen co-authored, in 1967. Feeling that three generations of a book were enough for them, Professors Emerson and Haber (the latter now at Rutgers Law School at Newark) have handed over the responsibility for producing the fourth edition to us. In accepting the responsibility we salute the able and dedicated work of our predecessors. Since the third edition appeared, the scope and volume of cases and secondary material in the field of political and civil rights have increased enormously. A major concession this has drawn from us is the decision to prepare the two volumes of the book consecutively rather than simultaneously, as in earlier editions. Volume I of the fourth edition was published in 1976. It deals with freedom of expression, and other individual rights such as academic freedom, privacy, travel and religious freedom. It also contains a chapter on the rights of groups with diminished constitutional protection (prisoners, mental patients, military personnel) and extensive materials on the constitutional litigating process. As with the third edition, biennial supplements are prepared to each volume which can be obtained from the publisher or at law school bookstores. The extensive recent developments have also led to a substantial reworking of Volume II. The volume now falls into two main parts—the first dealing with constitutional equal protection theory, the second with equality questions under specific statutes and in particular subject matter areas. The larges addition to the fourth edition of Volume II is contained in Chapters XVIII through XXIII. These chapters, which are all entirely new, contain a systematic exploration of the broad constitutional principles relating to governmental discrimination that have grown up under the Equal Protection Clause of the Fourteenth Amendment and the Due Process Clause of the Fifth Amendment. Chapter XVIII treats the early and largely unsatisfactory development of equal protection principles during the nineteenth century—from the Slaughter House Cases to Plessy v. Ferguson (holding racial segregation constitutional) and Gulf Railway v. Ellis (the first case to hold economic legislation unconstitutional under the rationality branch of equal protection). Chapter XIX, XX, and XXI treat in detail the three main substantive branches of modern equal protection jurisprudence—suspect classifications, fundamental rights and equal protection rationality. Chapter XIX (suspect classifications) is organized to give separate treatment to the problems raised by facial classifications along “suspect” lines, on the one hand (Section A), and the problems raised by nonfacial inequalities, de facto discriminations and questions of discriminatory purpose, on the other (Section B). Separate subsections treat the well-developed law relating to racial classifications; the question of what other classifications should be accorded suspect status; the constitutionality of affirmative action classifications used to redress past or present discrimination against minorities; the standards for proving discriminatory purpose in both legislative and administrative settings; the constitutional status of nonpurposeful discriminations; and the special problem of de facto impacts on the poor. Chapter XX (fundamental rights) first deals with classifications that unequally prohibit or penalize the exercise of express or implied constitutional rights (Section A) and then with the issues of the extent to which classifications affecting other assertedly fundamental—but nonconstitutional—rights should receive similar treatment (Section B). Chapter XXI (rationality) contains a relatively brief treatment of the rise and fall of equal protection rationality during the first part of this century (Sections A and B). This chapter places its primary emphasis, however, on an examination of the re-emergence of significant rationality scrutiny during the late 1960s and early 1970s (Section C). In an attempt to aid in drawing principles from these recent rationality cases, they are organized according to the character of the inequality involved, separate subsections being devoted to assertedly irrational inequalities in classifications relating to economic and labor relations; in classifications relating to incarcerations for crime; in classifications relating to constitutional rights; and to “partially” suspect classifications, such as those along lines of gender and illegitimacy. A final subsection treats the curious doctrine of conclusive or irrebuttable presumptions. Filling out the coverage of constitutional equal protection principles are chapters treating the state action doctrine (Chapter XXII) and the principles governing congressional power to enforce the constitutional guarantees of equal rights (Chapter XXIII). The latter chapter provides a bridge to the statutory material that occupies a large part of the remainder of the volume. With regard to legislative protections of equal rights and equality principles in specific subject matter areas, there are new chapters dealing with Sections 1981 and 1982 of 42 U.S.C., the companion provisions of reconstruction legislation recently given new and expanded life in relation to private discriminations (Chapter XXIV), with Title VI of the 1964 Civil Rights Act, prohibiting discrimination in federally funded programs (Chapter XXVI), with discrimination in municipal services (Chapter XXXI), and with discrimination in family law (Chapter XXXIII). And there are new sections within each of the other chapters of this volume, several of which—education, employment and housing—involve comprehensive treatment of the subject matter. As in the third edition, two different versions of the book are being published—a lawyer’s edition and a law school edition. The latter omits chapters and parts of chapters that are of importance to practicing lawyers but which seem to us less likely to relate to course or seminar material. We have also tried to make the index and the table of contents as complete as possible, and to employ cross-references generously throughout the text. Many footnotes attached to cases and other reprinted materials have been omitted without indication. Footnotes added by the editors are designated by letters rather than numbers. The book include all relevant Supreme Court opinions through the end of the 1977-1978 term. We have also attempted to include lower court cases, legislative developments, and secondary material that was published prior to about May 1, 1978. The references in these volumes are extensive, but the burgeoning materials have nevertheless required some selectivity. Many of the bibliographical references in the lawyer’s edition are omitted from the law school edition. While this is a joint enterprise that has benefited from much discussion among us on all aspects of the book, primary responsibility for chapters was allotted as follows: Dorsen—Chapters XXVIII, XXIX, and XXX; Bender—Chapters XVIII through XXIV and XXVI; Neuborne—Chapters XXV, XXXI, XXXII, and XXXVI; Law—Chapters XXXIII, XXXIV, and XXXV.
Emerson, Haber, and Dorsen's Political and Civil Rights in the United States

Norman Dorsen, Paul Bender, Burt Neuborne, and Sylvia A. Law

This is the fourth edition of legal and other materials that are designed to be a comprehensive source book for lawyers facing civil liberties or civil rights issues in their practice and a teaching text for students who are taking courses and seminars in the subject or doing research in it. The book traces its lineage to mimeographed teaching materials prepared at the Yale Law School by Professors Thomas Emerson and David Haber during the late 1940s and to a first edition they published in 1952. A second edition appeared in 1958 and a third, which Professor Norman Dorsen co-authored, in 1967. Feeling that three generations of a book were enough for them, Professors Emerson and Haber (the latter now at Rutgers Law School at Newark) have handed over the responsibility for producing the fourth edition to us. In accepting the responsibility we salute the able and dedicated work of our predecessors. Since the third edition appeared, the scope and volume of cases and secondary material in the field of political and civil rights have increased enormously. A major concession this has drawn from us is the decision to prepare the two volumes of the book consecutively rather than simultaneously, as in earlier editions. Volume I of the fourth edition was published in 1976. It deals with freedom of expression, and other individual rights such as academic freedom, privacy, travel and religious freedom. It also contains a chapter on the rights of groups with diminished constitutional protection (prisoners, mental patients, military personnel) and extensive materials on the constitutional litigating process. As with the third edition, biennial supplements are prepared to each volume which can be obtained from the publisher or at law school bookstores. The extensive recent developments have also led to a substantial reworking of Volume II. The volume now falls into two main parts—the first dealing with constitutional equal protection theory, the second with equality questions under specific statutes and in particular subject matter areas. The larges addition to the fourth edition of Volume II is contained in Chapters XVIII through XXIII. These chapters, which are all entirely new, contain a systematic exploration of the broad constitutional principles relating to governmental discrimination that have grown up under the Equal Protection Clause of the Fourteenth Amendment and the Due Process Clause of the Fifth Amendment. Chapter XVIII treats the early and largely unsatisfactory development of equal protection principles during the nineteenth century—from the Slaughter House Cases to Plessy v. Ferguson (holding racial segregation constitutional) and Gulf Railway v. Ellis (the first case to hold economic legislation unconstitutional under the rationality branch of equal protection). Chapter XIX, XX, and XXI treat in detail the three main substantive branches of modern equal protection jurisprudence—suspect classifications, fundamental rights and equal protection rationality. Chapter XIX (suspect classifications) is organized to give separate treatment to the problems raised by facial classifications along “suspect” lines, on the one hand (Section A), and the problems raised by nonfacial inequalities, de facto discriminations and questions of discriminatory purpose, on the other (Section B). Separate subsections treat the well-developed law relating to racial classifications; the question of what other classifications should be accorded suspect status; the constitutionality of affirmative action classifications used to redress past or present discrimination against minorities; the standards for proving discriminatory purpose in both legislative and administrative settings; the constitutional status of nonpurposeful discriminations; and the special problem of de facto impacts on the poor. Chapter XX (fundamental rights) first deals with classifications that unequally prohibit or penalize the exercise of express or implied constitutional rights (Section A) and then with the issues of the extent to which classifications affecting other assertedly fundamental—but nonconstitutional—rights should receive similar treatment (Section B). Chapter XXI (rationality) contains a relatively brief treatment of the rise and fall of equal protection rationality during the first part of this century (Sections A and B). This chapter places its primary emphasis, however, on an examination of the re-emergence of significant rationality scrutiny during the late 1960s and early 1970s (Section C). In an attempt to aid in drawing principles from these recent rationality cases, they are organized according to the character of the inequality involved, separate subsections being devoted to assertedly irrational inequalities in classifications relating to economic and labor relations; in classifications relating to incarcerations for crime; in classifications relating to constitutional rights; and to “partially” suspect classifications, such as those along lines of gender and illegitimacy. A final subsection treats the curious doctrine of conclusive or irrebuttable presumptions. Filling out the coverage of constitutional equal protection principles are chapters treating the state action doctrine (Chapter XXII) and the principles governing congressional power to enforce the constitutional guarantees of equal rights (Chapter XXIII). The latter chapter provides a bridge to the statutory material that occupies a large part of the remainder of the volume. With regard to legislative protections of equal rights and equality principles in specific subject matter areas, there are new chapters dealing with Sections 1981 and 1982 of 42 U.S.C., the companion provisions of reconstruction legislation recently given new and expanded life in relation to private discriminations (Chapter XXIV), with Title VI of the 1964 Civil Rights Act, prohibiting discrimination in federally funded programs (Chapter XXVI), with discrimination in municipal services (Chapter XXXI), and with discrimination in family law (Chapter XXXIII). And there are new sections within each of the other chapters of this volume, several of which—education, employment and housing—involve comprehensive treatment of the subject matter. As in the third edition, two different versions of the book are being published—a lawyer’s edition and a law school edition. The latter omits chapters and parts of chapters that are of importance to practicing lawyers but which seem to us less likely to relate to course or seminar material. We have also tried to make the index and the table of contents as complete as possible, and to employ cross-references generously throughout the text. Many footnotes attached to cases and other reprinted materials have been omitted without indication. Footnotes added by the editors are designated by letters rather than numbers. The book include all relevant Supreme Court opinions through the end of the 1977-1978 term. We have also attempted to include lower court cases, legislative developments, and secondary material that was published prior to about May 1, 1978. The references in these volumes are extensive, but the burgeoning materials have nevertheless required some selectivity. Many of the bibliographical references in the lawyer’s edition are omitted from the law school edition. While this is a joint enterprise that has benefited from much discussion among us on all aspects of the book, primary responsibility for chapters was allotted as follows: Dorsen—Chapters XXVIII, XXIX, and XXX; Bender—Chapters XVIII through XXIV and XXVI; Neuborne—Chapters XXV, XXXI, XXXII, and XXXVI; Law—Chapters XXXIII, XXXIV, and XXXV.
Labor Relations Law in the Public Sector: Cases and Materials

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

This casebook contains more material than would normally be covered in a two or even three hour course. The authors believe that each teacher should have the opportunity for personal selection.
Higher Education and the Law

Harry T. Edwards and Virginia Davis Nordin

The proliferation of laws, regulations, and judicial opinions affecting higher education and the nature of the impact of these laws on the academic community are examined. Designed for use by both students and practitioners, the book employs the "case method" design based on the belief that law cases furnish the best sources for study and review of legal developments. Part One, "The College or University As a Legal Entity," discusses the college or university as a legal entity, legal attributes of private universities, the constitutionally autonomous university, and public universities without constitutional status. Part Two, "Faculty Rights," examines academic freedom and related substantive constitutional rights, faculty tenure, and unionization and collective bargaining. Part Three, "Student Rights," examines substantive constitutional rights of students, procedural due process, the contract theory, the student as consumer, and miscellaneous issues concerning student rights. The final section, "Federal Regulation of Higher Education," includes the impact of federal regulation, equal educational opportunities, Title ix of the Education Amendments of 1972, equal job opportunities under the law, affirmative action, age discrimination, Equal Pay Act, the Rehabilitation Act, family rights, student loans, copyright law, and miscellaneous federal regulations. A preface, summary table of contents, reference materials, and table of cases are provided. Supplements to the book will be published on an annual basis updating material appearing in this volume.
Sum and Substance of Civil Procedure

Jack H. Friedenthal and Arthur R. Miller

Prior edition of Sum and Substance of Civil Procedure.
The Rights of Lawyers and Clients

Stephen Gillers

Where can you turn for legal help besides a lawyer? When a lawyer is disciplined, what are his legal rights? What recourse does a lawyer have when he has failed a state bar exam? How can a client get different lawyers to bid for his case and get the lowest fee, best advice available? What are the grounds for a malpractice suit against a lawyer? At the foundation of American’s legal system is the attorney-client relationship, a complex interweaving of three separate sets of rights: the attorney’s, the client’s, and the joint set of rights governing their legal inter-actions. In the last quarter century, the nature of the way lawyers and clients approach one another has been radically altered. No longer does a client need a lawyer for many legal services, and in some states a client can now choose a lawyer in an open market of advertising and bidding. And today, in the post-Watergate legal community, lawyers must be aware that they too are subject to the law—malpractice, disbarment, and criminal prosecution—and must carefully weigh their actions and their client’s against not only the letter of the law but ethical principles. In this comprehensive handbook, Mr. Gillers, himself an attorney, details the rights of lawyers from law school of the courtroom, of clients from their search for legal assistance to payment of fees, and with the most important recent court rulings as a guide, untangles the maze of our legal rights—which insure all of the other rights of our lives. One of a series of ACLU Handbooks dealing with rights of people
Mortal Questions

Thomas Nagel

Thomas Nagel's Mortal Questions explores some fundamental issues concerning the meaning, nature and value of human life. Questions about our attitudes to death, sexual behaviour, social inequality, war and political power are shown to lead to more obviously philosophical problems about personal identity, consciousness, freedom and value. This original and illuminating book aims at a form of understanding that is both theoretical and personal in its lively engagement with what are literally issues of life and death.