Faculty Books & Edited Works

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Legislation and the Regulatory State

Samuel Estreicher and David L. Noll

Estreicher & Noll's Legislation and the Regulatory State provides an accessible, up-to-date introduction to the institutions and procedures of the modern regulatory state. Designed to emphasize regulatory policymaking and the practical aspects of administrative lawyering, the casebook explores Congress's reasons for regulating and the choices it makes when enacting legislation, the legislative process and tools of statutory interpretation, administrative agencies' position within the Constitution's system of separated powers, the Administrative Procedure Act, and judicial review of agency action. The third edition covers all major developments in administrative law and statutory interpretation since 2017. It includes the Supreme Court's decision in Bostock v. Clayton County, covers recent developments in appointments and removal jurisprudence, and explores changes in the law of congressional oversight and judicial review of administrative action during the Trump administration.
Handbook of Evidence in International Commercial Arbitration: Key Issues and Concepts

Franco Ferrari and Friedrich Jakob Rosenfeld

Handbook of Evidence in International Commercial Arbitration is a nonpareil compendium by a diverse group of distinguished arbitration practitioners and academics assessing how to collect, develop, and present evidence in arbitration proceedings, not only from a legal perspective but also from a cultural point of view. In arbitration, evidence provides the basis for almost every decision, be it procedural, jurisdictional, or substantive. However, users from different legal traditions may not be on the same page as to how an arbitral tribunal ought to proceed in this regard. What’s in this book: This book addresses the following key concepts and issues related to evidence in arbitration: the normative framework on evidence in arbitration proceedings; the burden and standard of proof; means of evidence, including documents, experts, and witnesses; questions of admissibility, including issues of privilege and confidentiality; the assessment of evidence and its probative value; and court assistance and sanctions. How this will help you: With its in-depth and systematic analysis of the key concepts of evidence, holistic discussion of the applicable normative framework, cross-cultural perspectives on the taking of evidence in arbitration, and reference to case law from major arbitration hubs, this book will prove to be a matchless and undisputed point of reference for academics and practitioners alike.
International Sales Law--CISG in a Nutshell

Franco Ferrari and Marco Torsello

Knowing about the United Nations Convention on Contracts for the International Sale of Goods (CISG) means to know about the law relating to international import/export contracts applicable to more than ¾ of world trade. This book provides a valuable guide to the understanding of both the fundamentals of that law and how it is interpreted in various countries, thus making it a helpful tool not only for students but also for practitioners. The 3rd Edition is updated throughout with many new decision citations, including decisions rendered in 2022. This Edition also gives proper account of the interaction between the CISG and other recently amended instruments such as the ICC Incoterms (2020) and the ICC force majeure and hardship model clauses (2020).
Civil Procedure: Cases and Materials

Jack H. Friedenthal, Arthur R. Miller, John E. Sexton, Helen Hershkoff, Adam H. Steinman, and Troy A. McKenzie

The Thirteenth Edition of this very popular casebook provides a framework for studying the essential and cutting-edge issues of civil procedure in an accessible but rigorous way. The authors of the prior editions, Jack H. Friedenthal, Arthur R. Miller, John E. Sexton, and Helen Hershkoff, welcome two new authors to their team, Adam N. Steinman and Troy A. McKenzie. The new edition reflects the uniqueness, talents, and special expertise of these new authors, who individually and together bring tremendous new experiences and backgrounds to an author-team already known for its excellence and distinction. Adam N. Steinman, the University Research Professor of Law at the University of Alabama School of Law, is an award-winning teacher and scholar whose work has been cited in hundreds of articles and dozens of judicial opinions. He is an author on the Wright & Miller Federal and Practice & Procedure treatise and an elected member of the American Law Institute. He is also the co-organizer of the Unavailability Workshop for Civil Procedure and the co-editor of the Law Professor Blogs Network’s Civil Procedure & Federal Courts Blog. Prior to joining the University of Alabama faculty, he was a Professor of Law at Seton Hall University and the University of Cincinnati. His practice experience includes both complex civil litigation and public-interest appellate work. Troy A. McKenzie, Professor of Law at New York University School of Law, is an award-winning teacher and scholar who has taken an active role in the procedural rulemaking process. He is a member of the Council of the American Law Institute and has been appointed to the Committee on Rules of Practice and Procedure of the Judicial Conference of the United States. At NYU, he co-directs the Center on Civil Justice and the Institute of Judicial Administration. Among his practice and public service experiences, he served for two years as Deputy Assistant Attorney General in the Office of Legal Counsel at the U.S. Department of Justice. The Thirteenth Edition, like the predecessor editions upon which it is based, is designed to reinforce doctrinal understanding, to foster case reading skills, to encourage critical thinking about the real-world context of procedural decisions, to motivate discussion about diversity, inclusion, and equity and the role of courts and civil procedure in promoting those values, and to help develop a sense of litigation strategy in a world that is at once local and global. The casebook covers all of the major topics that a professor might wish to teach in a first-year course, and can easily be adapted for courses of one or two semesters, of different credit hours, and with varied practical or theoretical emphases. A supplement includes all updated Federal Rules, federal statutes, and constitutional provisions pertinent to procedure, the pleadings in Twombly and Iqbal, a model case file, a litigation flow-chart, state materials, and other important teaching tools. The casebook can be used for in-class and remote instruction, and the authors have prepared an extensive Teacher’s Manual giving practical tips for simulated activities as well as discursive lectures.
Civil Procedure: Cases and Materials

Jack H. Friedenthal, Arthur R. Miller, John E. Sexton, Helen Hershkoff, Adam N. Steinman, and Troy A. McKenzie

This Compact Thirteenth Edition is designed to meet the needs of those teaching Civil Procedure courses shorter than the traditional assignment of three hours for each of two semesters. It responds to suggestions and requests that a book of this type be made available. The authors continue to believe that the larger Comprehensive Thirteenth Editions will prove advantageous for many teachers who have sorter courses of four or even three hours because it provides the maximum flexibility in terms of an individual classroom’s coverage, depth, sensibility, and emphasis. With that in mind, we have included material in the Compact Thirteenth Edition that expands the range of choices available to you. The Compact Thirteenth Edition offers an up-to-date and accessible approach to the study of Civil Procedure. Students tend to find Civil Procedure. Students tend to find Civil Procedure the most mysterious of their law school courses. Our goal is to present the material in a clear and simple environment, yet one that challenges and stimulates the student toward increasing critical understanding. This revised edition reflects up-to-date amendments to the Federal Rules of Civil Procedure, as well as the latest Supreme Court cases involving subject-matter jurisdiction, personal jurisdiction, and other topic pertinent to the first-year course. The edition addresses not simply doctrinal change, but also the still uncertain effects of new technology, globalism, and privatization on the system of civil justice. The edition also responds to the many helpful comments from judges, practitioners, colleagues, and students at the large number of schools in which earlier editions have been used. Our conversations confirm our own conclusion that the book is and will continue to be a highly successful teaching tool, and we have preserved in this volume the basic format of the prior edition. Along with traditional material, we include contemporary cases in which the facts are interesting, the conflicting policies seem to be in a state of equilibrium or context has extrinsic fascination, rather than materials that offer a tight monograph on various aspects of procedure. As has been the practice with all of the past editions, this Compact Thirteenth Edition offers substantial emphasis on the operation of the Federal Rules and draws comparisons with state and international practice. The materials in this volume refer to and are augmented by a Supplement, which contains not only the federal statutes and rules governing procedure, but also selected state provisions for comparison. A number of other materials, such as Advisory Committee notes, proposed rule alterations, and local court rules, also are included. The Supplement contains a litigation flow chart and an illustrative litigation problem, showing how a case develops in practice and samples of the documents that actually might have formed a portion of the record. These samples are not designed as models to be emulated. To the contrary, they often contain defects intended to encourage criticism from students in light of knowledge they have obtained from the cases and classroom discussion. The Supplement also includes complaints from two principal cases and one note case. The cases and excerpts from other materials have been edited carefully to shorten them and to clarify issues for discussion. With regard to footnotes, the same numbering appears in the casebook as appears in the original sources; our footnotes are indicated by letters. Our omissions are indicated with asterisks, and where there might be any ambiguity, we provide clarifying information in the footnote.
Civil Liability for Artificial Intelligence and Software

Mark A. Geistfeld, Ernst Karner, Bernhard A. Koch, and Christiane Wendehorst

Initiated by the European Commission, the first study published in this volume analyses the largely unresolved question as to how damage caused by artificial intelligence (AI) systems is allocated by the rules of tortious liability currently in force in the Member States of the European Union and in the United States, to examine whether - and if so, to what extent - national tort law regimes differ in that respect, and to identify possible gaps in the protection of injured parties. The second study offers guiding principles for safety and liability with regard to software, testing how the existing acquis needs to be adjusted in order to adequately cope with the risks posed by software and AI. The annex contains the final report of the New Technologies Formation of the Expert Group on Liability and New Technologies, assessing the extent to which existing liability schemes are adapted to the emerging market realities following the development of new digital technologies. Analyses how damage caused by AI is allocated by the rules of tortious liability. Offers guiding principles for safety and liability concerning software. Assesses the extent to which liability schemes are adapted to emerging market realities.
Labor Law: Cases and Materials

Michael C. Harper, Samuel Estreicher, and Kati Griffith

The Ninth Edition of this widely used casebook maintains the problem-based emphasis of prior editions. Text is taken seriously but always in the full context of the attendant policy issues. The Trump Board’s decisions are addressed, alongside treatment of difficulties that will motivate change in the Biden years. The coverage of current issues complements the casebook’s comprehensive and nuanced treatment of all the important law on a topic that has become central to contemporary debates about income and wealth divisions in the society. This treatment spans from the protection of concerted employee activity to the organizing process to the bargaining and implementation of collective agreements. It covers other important topics including the preemption of state law and interaction with antitrust and immigration law. New to the Ninth Edition: coverage of the most salient and controversial issues posed by developments at the National Labor Relations Board over the past six years, including the independent contractor distinction, including the emerging “ABC” test, the joint employer debate, defining appropriate bargaining units, the effects on protected concerted activity of neutral employer personnel rules and the Supreme Court’s endorsement of class action waivers in arbitration, the regulation of bargaining during the term of collective agreements, board deferral to arbitration. As part of its contemporary focus, the Ninth Edition highlights past and current proposals to amend the National Labor Relations Act (NRLA), including those in the pending Protecting the Right to Organize Act (PRO Act). The new edition’s Statutory Supplement aids discussion by including the PRO Act as passed by the House of Representatives this year and again presents the NLRA with easy to view indications of its evolution, as well as the other major statutes and examples of innovative collective bargaining agreements. Professors and students will benefit from: a book that consistently poses problems for students and gets deeply into factual issues and important points of law; careful editing of cases that preserves the decisional antecedents for the court’s action is a hallmark of the book. Teaching materials Include: Statutory Supplement, with edited versions of innovative collective bargaining agreements.
Civil Procedure

Samuel Issacharoff

This book analyzes legal procedure as part of a complicated interaction between private ordering and public intervention. Modern society brings people together in a variety of settings and injects an active state presence into all manner of everyday activities. Inevitably there are disputes. Yet, these disputes settle all around us, based on social norms or simply an understanding of what is right and what is wrong; what is contestable and what is not. This private ordering of responsibility occurs against a backdrop, sometimes but certainly not always invoked, of what might occur were the matter to be taken to the more costly system of public dispute resolution. In this sense, disputants outside the legal system are said to be bargaining in the shadow of the law. For those who cannot privately order their disputes, there are two public interests. The first is to provide a public resolution such that future similarly situated disputants may be better able to anticipate what are the likely outcomes should they proceed to litigation. The second is to provide finality so that the disputants may get on with their affairs. The central thrust of this book is to examine the overall structure of public dispute resolution through six basic concepts: 1. rudimentary fairness and the trade off between equity and efficiency; 2. defining the parameters of a dispute in terms of the presentation of issues and the obtaining of information; 3. defining the scope of the dispute in terms of parties, particularly as the judicial system confronts increasingly complex litigation; 4. defining the power of the courts; 5. securing finality; and 6. the costs of procedure.
The Law of Democracy: Legal Structure of the Political Process

Samuel Issacharoff, Pamela S. Karlan, Richard H. Pildes, Nathaniel Persily, and Franita Tolson

This book created the field of the law of democracy, offering a systematic account of the legal construction of American democracy. This edition represents a significant revision that reflects the embattled state of democracy in the U.S. and abroad. With the addition of Franita Tolson as well as Nathaniel Persily to the prior edition, the book now turns to a changed legal environment following the radical reconfiguration of the Voting Rights Act, the rise of social media and circumvention of the formal channels of campaign finance, and the increased fragmentation of political parties. Strikingly, in the current political environment the right to register and vote passes from being a largely historical inquiry to a source of front-burner legal challenge. This edition further streamlines the coverage of the Voting Rights Act, expands the scope of coverage of campaign finance and political corruption issues, and turns to the new dispute over voter access to the ballot. The section on election litigation and remedies has been expanded to address the expanded range of legal challenges to election results. For the first time, this book isolates the distinct problems of presidential elections, ranging from the conflict over federal and state law in Bush v. Gore, to the distinct challenges to the 2020 presidential elections, to the renewed focus on the Electoral Count Act. The basic structure of the book continues to follow the historical development of the individual right to vote; current struggles over gerrymandering; the relationship of the state to political parties; the constitutional and policy issues surrounding campaign-finance reform; and the tension between majority rule and fair representation of minorities in democratic bodies. The book now turns to a changed legal environment following the radical reconfiguration of the Voting Rights Act, the rise of social media and circumvention of the formal channels of campaign finance, and the increased fragmentation of political parties. This edition further streamlines the coverage of the Voting Rights Act, expands the scope of coverage of campaign finance and political corruption issues, and turns to the new dispute over voter access to the ballot. The section on election litigation and remedies has been expanded to address the expanded range of legal challenges to election results. For the first time, this book isolates the distinct problems of presidential elections, ranging from the conflict over federal and state law in Bush v. Gore, to the distinct challenges to the 2020 presidential elections, to the renewed focus on the Electoral Count Act.
Criminal Law and Its Processes: Cases and Materials

Sanford H. Kadish, Stephen J. Schulhofer, and Rachel E. Barkow

From a preeminent authorship team, Criminal Law and its Processes: Cases and Materials, Eleventh Edition, continues in the tradition of its best-selling predecessors by providing students not only with a cohesive policy framework through which they can understand and examine the use of criminal laws as a means for social control, but also analytic tools to understand and apply important criminal law doctrines. Criminal Law and its Processes: Cases and Materials focuses on having students develop a nuanced understanding of the underlying principles, rules, and policy rationales that inform all criminal laws. A cases-and-notes pedagogy along with scholarly excerpts, questions, and notes, provides students with a rich foundation for not only the academic examination of criminal laws but also the application of the law to real-world scenarios.
Civil Procedure in a Nutshell

Mary Kay Kane, Arthur R. Miller, and Adam N. Steinman

Rules of civil procedure govern everything that happens outside of criminal proceedings. This Nutshell provides a road map to navigating civil procedure rules and helps build a foundation for understanding the overall picture. Topics discussed include: jurisdiction, venue, and other court-selection issues; pleading, discovery, summary judgment, and other pretrial matters; adjudication, judgments, and appeals; multi-party/multi-claim proceedings, including class actions and multidistrict litigation; plus standing, the Erie doctrine, arbitration, and other important procedural issues. The new edition covers all the subjects dealt with in today's civil procedure courses, whether four or five or six hours in length.
Cases on Reproductive Rights and Justice

Melissa Murray and Kristin Luker

The first casebook on the subject marks the contours of the field, including recent changes and developments, and provides a comprehensive understanding of the law and legal discourse relating to state regulation of sex, bodies, families, and reproduction. This compilation of rich historical and contemporary primary and secondary materials, accompanied by rigorous legal analysis, considers the economic, political, legal, and social factors that influence procreation and parenting. It is attentive to questions of race, ethnicity, socio-economic status, sexual orientation, and ability. Given that reproductive rights are implicated by different bodies of law, the casebook and teacher’s manual will serve as guides to help balance expertise in one particular area of the law and enable well-rounded engagement with various issues. The second edition has been updated to reflect changes in constitutional law and their implications for access to a range of reproductive technologies. Updated caselaw related to abortion rights and other changes in constitutional law: Dobbs v. Jackson Women’s Health Organization; NIFLA v. Becerra; June Medical Services v. Russo; Whole Woman’s Health v. Hellerstedt; Obergefell v. Hodges.
Routledge Handbook of Illiberalism

András Sajó, Renáta Uitz, and Stephen Holmes

The Routledge Handbook of IIliberalism is the first authoritative reference work dedicated to illiberalism as a complex social, political, cultural, legal, and mental phenomenon. Although illiberalism is most often discussed in political and constitutional terms, its study cannot be limited to such narrow frames. This Handbook comprises sixty individual chapters authored by an internationally recognized group of experts who present perspectives and viewpoints from a wide range of academic disciplines. Chapters are devoted to different facets of illiberalism, including the history of the idea and its competitors, its implications for the economy, society, government and the international order, and its contemporary iterations in representative countries and regions. The Routledge Handbook of IIliberalism will form an important component of any library's holding; it will be of benefit as an academic reference, as well as being an indispensable resource for practitioners, among them journalists, policy makers and analysts, who wish to gain an informed understanding of this complex phenomenon.
Bonfires of the American Dream in American Rhetoric, Literature and Film

Daniel N. Shaviro

How could American social solidarity have so collapsed that we cannot even cooperate in fighting a pandemic? One problem lies in how our values mutate and intersect in an era of runaway high-end inequality and evaporating upward mobility. Under such conditions, tensions rise between our egalitarian and democratic traditions on the one hand, and what we often call the “American Dream” of self-advancement and due reward on the other. In our current Second Gilded Age, as in the first one from the late nineteenth century, the results of economic competition appear to suggest, falsely, that some of us are “winners” who deserve everything they have, while others are contemptible “losers.” The rich ostensibly owe the poor nothing – not even compassion or respect, and certainly not material aid through government. In Bonfires of the American Dream, Daniel Shaviro develops these themes through close studies, in social context, of such classic novels and films as Atlas Shrugged, The Great Gatsby, It’s a Wonderful Life, and The Wolf of Wall Street. He thereby helps to provide a better understanding of what, apart from racism, has in recent years caused things to go so wrong culturally in America.
Civil Procedure: Theory and Practice

Linda J. Silberman, Allan R. Stein, Tobias Barrington Wolff, Tobias Barrington Wolff, and Aaron D. Simowitz

Using the Socratic method, Civil Procedure: Theory and Practice helps students develop strategic, critical thinking, with introductory text, examples, and hypotheticals that equip them for the challenges of practice. Sophisticated yet straightforward, the text strikes an important balance, providing clear exposition while requiring work to achieve deeper insights. An opening chapter gives an overview of the entire process, using real pleadings and discovery materials in the landmark N.Y. Times v. Sullivan case. The innovative “Anatomy of a Litigation” case study chapter systematically leads students from pleadings to verdict, using leading cases to deepen the connection between the classroom and the courtroom. Civil Procedure: Theory and Practice covers the full range of topics, including in-depth treatment of personal and subject-matter jurisdiction, joinder, preclusion, and alternative dispute resolution. Accessible background material for each major case facilitates analysis, and extensive notes and questions frame deep, conceptual issues. With the Sixth Edition, we welcome Professor Aaron D. Simowitz of Willamette University College of Law as a co-author and full partner on the casebook. Professor Simowitz is a procedure scholar with particular expertise in personal jurisdiction and the enforcement of judgments in both domestic and transnational settings. Treatment of personal jurisdiction in Chapter 2 has been updated to reflect the Court’s decisions in Ford Motor Company v. Montana Eighth Judicial District Court and Bristol Myers Squibb v. Superior Court of California. Chapter 5 has been refined in modest ways to make it easier for teachers either to use or not use the case study materials contained therein. Chapters 7 offers a new section on defense preclusion shaped around the Supreme Court’s recent decision in Lucky Brand Dungarees v. Marcel Fashions. Chapter 8 expands its discussion of class action doctrine to include recent developments in the implied requirement of ascertainability under Federal Rule 23 and the statute of limitations tolling doctrine of American Pipe & Construction Co. v. Utah. Chapter 10 offers a revised and expanded treatment of the Court’s jurisprudence under the Federal Arbitration Act. Professors and students will benefit from: Socratic method encourages thought, with introductory text, examples, and hypotheticals; and provides students with a starting point to develop strategic and critical thinking skills; sophisticated yet straightforward, clear exposition—requiring work to achieve deeper insights; comprehensive coverage includes full range of Civil Procedure topics; opening overview of entire civil litigation process; traditional, comprehensive doctrinal coverage integrated with contextual, strategic lawyering perspectives; flexible organization—supports a 3-unit 1-semester class to a 5- or 6-unit class; can be taught over a semester or a year; clear overview of civil litigation process—illuminates connection between classroom and courtroom and helps frame deep, conceptual issues; straightforward overview of the litigation process; excellent case selection, including both bedrock and high-interest cases; carefully edited to provide students a range of analytical experiences and to serve as teaching tools; real pleadings and discovery materials introduce basic elements of civil litigation; innovative and fact-intensive “Anatomy of a Litigation” case study allows students to apply lessons learned; students systematically move through the process from pleadings to verdict; extensive notes and questions help facilitate analysis; in-depth treatment of personal and subject-matter jurisdiction, joinder, preclusion, and alternative dispute resolution.
Progressive Prosecution: Race and Reform in Criminal Justice

Kim A. Taylor-Thompson and Anthony C. Thompson

Provides compelling and manageable solutions for how to reform the criminal justice system from the inside out. A racial reckoning in the US criminal justice system was long overdue well before the highly publicized murders of George Floyd, Breonna Taylor, and many others in 2020. Progressive Prosecution argues that prosecutors, having helped build our failed system of mass incarceration, must now lead the charge to dismantle it. With contributions from practicing district attorneys as well as leading scholars in the fields of law and criminal justice, Taylor-Thompson and Thompson’s volume offers an unapologetically ambitious vision for reform. The contributors draw from empirical evidence and years of combined research experience to argue that change must happen at the local level, with prosecutors choosing to adopt race-conscious approaches. These prosecutors must do the hard work themselves, actively focusing on the ways that race misshapes perceptions of criminality, influences discretionary calls, affects how we select juries, and induces a reliance on punitive responses. Progressive Prosecution acts as both a call to action and a practical guide, instructing prosecutors on what they need to do to bring about lasting and meaningful change. Progressive Prosecution is an urgent work of scholarship, a must-read for anyone committed to racial equity and meaningful criminal justice reform.
Progressive Prosecution: Race and Reform in Criminal Justice

Anthony C. Thompson and Kim A. Taylor-Thomspon

Provides compelling and manageable solutions for how to reform the criminal justice system from the inside out. A racial reckoning in the US criminal justice system was long overdue well before the highly publicized murders of George Floyd, Breonna Taylor, and many others in 2020. Progressive Prosecution argues that prosecutors, having helped build our failed system of mass incarceration, must now lead the charge to dismantle it. With contributions from practicing district attorneys as well as leading scholars in the fields of law and criminal justice, Taylor-Thompson and Thompson’s volume offers an unapologetically ambitious vision for reform. The contributors draw from empirical evidence and years of combined research experience to argue that change must happen at the local level, with prosecutors choosing to adopt race-conscious approaches. These prosecutors must do the hard work themselves, actively focusing on the ways that race misshapes perceptions of criminality, influences discretionary calls, affects how we select juries, and induces a reliance on punitive responses. Progressive Prosecution acts as both a call to action and a practical guide, instructing prosecutors on what they need to do to bring about lasting and meaningful change. Progressive Prosecution is an urgent work of scholarship, a must-read for anyone committed to racial equity and meaningful criminal justice reform.
Federal Tax Practice and Procedure: Cases, Materials, and Problems

Camilla E. Watson, Brookes D. Billman, and Jennifer L. Chapman

This casebook provides a comprehensive examination of federal tax practice and procedure, and as a teaching tool, allows flexible design for JD and LLM courses and seminars on federal tax practice and procedure, tax litigation, criminal tax practice and procedure, and tax ethics. This new edition incorporates important recent legislative, judicial, and regulatory developments affecting federal tax practice and procedure.
Antitrust Analysis: Problems, Text, and Cases

Phillip Areeda, Louis Kaplow, Aaron Edlin, and C. Scott Hemphill

Distinguished authorship characterizes Antitrust Analysis: Problems, Text, and Cases, first written by Phil Areeda, the leading antitrust commentator of the 20th century. The text continues to be revised by three of the leading lawyer economists of the early 21st century. This traditional casebook is also known for its pedagogy (cases, explanatory text, and problems) and insightful text that conveys essential background information along with necessary economic principles. Recognizing that the most important development in antitrust doctrine over the past fifty years is the increasingly central role of economic analysis, the authors take great care to convey economic learning to students in plain language with a minimum of technical apparatus, resulting in a powerful volume adopted by experienced instructors and first-time teachers alike. Helpful appendices include Selected Statutes, such as the Sherman Act, the Clayton Act, and the Federal Trade Commission Act. New to the Eighth Edition: the addition of C. Scott Hemphill as a co-author, adding to the already distinguished author team. Since the last edition, antitrust enforcers and courts have struggled to grapple with the rising importance of platforms in our increasingly digital economy. The new edition gives extensive attention to these developments, including: the Supreme Court’s decision in Ohio v. American Express; major enforcement actions against Apple, Facebook, and Google; new Vertical Merger Guidelines. Completely rewritten and streamlined introductory material in Chapter 1. Professors and student will benefit from: Distinguished authorship: Original author Areeda was the leading antitrust commentator of the 20th century; Kaplow, Edlin, and Hemphill are leading lawyer-economists of the early 21st century. Pedagogy: Traditional casebook with cases, explanatory text, and problems. Insightful textual explanations convey essential background information and necessary economic principles. Adopted by experienced instructors and first-time teachers alike. Appendix includes selected statutes and the Sherman Act, the Clayton Act, and the Federal Trade Commission Act. Teaching materials Include: Teacher’s Manual.
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.
Race, Rights, And Redemption: The Derrick Bell Lectures on the Law and Critical Race Theory

Janet Dewart Bell and Vincent M. Southerland

Reprint Citation: Race, Rights, and Redemption: The Derrick Bell Lectures on the Law and Critical Race Theory (Janet Dewart Bell & Vincent M. Southerland eds., New Press 2021). When Derrick Bell, one of the originators of critical race theory, turned sixty-five, his wife founded a lecture series with leading scholars, including 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 a volume 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. Race, Rights, and Redemption (which was originally published in hardcover under the title 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.
The Struggle for Human Rights: Essays in Honour of Philip Alston

Nehal Bhuta, Florian Hoffmann, Sarah Knuckey, Frédéric Mégret, and Margaret L. Satterthwaite

Bringing together leading scholars, practitioners, and critics of human rights from a variety of disciplines, this book of essays takes as its inspiration and provocation, the forty-year career of Professor Philip Alston as an international human rights advocate, scholar, teacher, and influential participant in the making of the contemporary human rights system. Alston has recently contended that the challenges facing human rights today require us to “urgently rethink many of [our] assumptions, re-evaluate [our] strategies, and broaden [our] outreach, while not giving up on the basic principles”. The essays in this volume all engage with this challenge, following the long arc of Alston’s career as a prism to evaluate and critically reflect upon some of the themes that have come to define international human rights practice and scholarship in the past decades. The collection examines foundational debates at the heart of the evolution of the human rights project, contemporary efforts to shape and renew the human rights agenda, and critique and reform of human rights institutions; and reflects on the place of human rights practice in contemporary struggles. The book’s multifaceted and eclectic approach to human rights—its practice and its theory—addresses some of the most urgent questions posed to human rights today.
The Law of Financial Institutions

Richard Scott Carnell, Jonathan R. Macey, Geoffrey P. Miller, and Peter Conti-Brown

The Law of Financial Institutions provides the foundation for a successful course on the law of traditional commercial banks. The book’s clear writing, careful editing, timely content, and concise explanations to provocative questions make a difficult field of law lively and interesting. New to the Seventh Edition: unified analysis of different types of financial institution under a common framework, using simple mock balance sheets as a way of vividly illustrating the similarities and differences and bringing out the features that lend stability or instability to the financial system; a new chapter dealing with the important topic of financial technology; extensive treatment of liquidity regulation, one of the most fundamental strategies for ensuring bank safety and soundness; a clear and coherent discussion of capital regulation and provides up-to-date explanations and simple examples of the complex issues surrounding capital adequacy applicable to banks today; a clear, coherent, and interesting account of the essential nature of the banking firm as a financial intermediary that acts as a payment service provider; text that addresses issues of compliance and risk management that have become central to the management of banking institutions in the years since the financial crisis. Professors and student will benefit from: important new contributions from Professor Peter Conti-Brown, a nationally renowned expert in banking policy and history; completely revised and updated to reflect important regulatory initiatives and trends; answers to all problem sets available to adopting professors; focuses on topics from economic, political, and doctrinal point of view; interesting and provocative questions with explanations; extensive use of nontraditional materials and professor-written discussions and explanations; excellent organization and careful editing.
The Evolution of EU Law

Paul Craig and Gráinne de Búrca

This last decade has been particularly turbulent for the EU. Beset by crises—the financial crisis, the rule of law crisis, the migration crisis, Brexit, and the pandemic—European Law has had to adapt and change in a way not previously seen. First published in 1999, the goal then was to reflect on the important developments that had been made since the creation of the EEC. That goal has not changed. From EU Administrative Law through to the Regulation of Network Industries, each chapter in this seminal work assess the legal and political forces that have shaped the evolution of EU law. With new chapters covering the Rule of Law, Judicial Reform, Brexit, Constitutional and Legal Theory, Refugee and Asylum law, and Data Governance, this third edition of The Evolution of EU Law is a must read for any student or academic of EU law. New to this Edition: includes brand new chapters examining the effect of Brexit, the Rule of Law crisis, the migration and the pandemic on EU law; thoroughly revised throughout by key legal specialists in EU law, to ensure the new edition is up-to-date.
The Logic of the Transfer Taxes: A Guide to the Federal Taxation of Wealth Transfers

Laura E. Cunningham and Noël B. Cunningham

The Logic of the Transfer Taxes: A Guide to the Federal Taxation of Wealth Transfers offers a broad survey of the federal transfer tax system. It thoroughly covers all of the fundamental rules of the gift, estate and generation skipping transfer taxes and provides numerous illustrative examples. It also offers a glimpse of some popular tax planning techniques, including FLPs, GRATS and IDGT’S, and the Special Valuation Rules of Chapter 14. It is appropriate for use as a coursebook for a two or three credit JD or LLM course, or as a reference for newcomers to the area. The Second Edition incorporates changes to the law made by the Tax Cuts and Jobs Act of 2017.