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  Getting By: Economic Rights and Legal Protections for People with Low Income

  Helen Hershkoff and Stephen Lofreddo

  Getting By offers an integrated, critical account of the federal laws and programs that most directly affect poor and low-income people in the United States-the unemployed, the underemployed, and the low-wage employed, whether working in or outside the home. The central aim is to provide a resource for individuals and groups trying to access benefits, secure rights and protections, and mobilize for economic justice. The topics covered include cash assistance, employment and labor rights, food assistance, health care, education, consumer and banking law, housing assistance, rights in public places, access to justice, and voting rights. This comprehensive volume is appropriate for law school and undergraduate courses, and is a vital resource for policy makers, journalists, and others interested in social welfare policy in the United States.

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  Megaregulation Contested: Global Economic Ordering after TPP

  Benedict Kingsbury, David M. Malone, Paul Mertenskötter, Richard B. Stewart, Thomas Streinz, and Atsushi Sunami

  The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) of 2018 is the most far-reaching “megaregional” economic agreement in force. Japan, the largest economy among the eleven signatory countries, played a leading role in bringing CPTPP into being and in the decision largely to preserve in its provisions the stamp of the original US involvement before the Trump-era reversal. The Trans-Pacific Partnership (TPP) is the first instance of “megaregulation”: a demanding combination of inter-state economic ordering and national regulatory governance on a highly ambitious substantive and transregional scale. Its text and ambition have influenced other negotiations ranging from the Japan–EU Economic Partnership Agreement (JEEPA) and the US–Mexico–Canada Agreement (USMCA) to the projected Pan-Asian Regional Comprehensive Economic Partnership (RCEP). This book provides an extensive analysis of TPP as a megaregulatory project for channeling and managing new pressures of globalization, and of core critical arguments made against economic megaregulation from standpoints of development, inequality, labor rights, environmental interests, corporate capture, and elite governance. Specialized chapters cover supply chains, digital economy, trade facilitation, intellectual property, currency levels, competition and state-owned enterprises, government procurement, investment, prescriptions for national regulation, and the TPP institutions. Country studies include detailed analyses of TPP-related politics and approaches in Japan, Mexico, Brazil, China, India, Indonesia, and Thailand. Contributors include leading practitioners and scholars in law, economics, and political science. At a time when the World Trade Organization (WTO) and other global-scale institutions are struggling with economic nationalism and geopolitics, and bilateral and regional agreements are pressed by public disagreement and incompatibility with digital and capital and value chain flows, the megaregional ambition of TPP is increasingly important as a precedent requiring the close scrutiny this book presents.

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  The Light That Failed: A Reckoning

  Ivan Krastev and Stephen Holmes

  A landmark book that completely transforms our understanding of the crisis of liberalism, from two pre-eminent intellectuals. Why did the West, after winning the Cold War, lose its political balance? In the early 1990s, hopes for the eastward spread of liberal democracy were high. And yet the transformation of Eastern European countries gave rise to a bitter repudiation of liberalism itself, not only in the East but also back in the heartland of the West. In this brilliant work of political psychology, Ivan Krastev and Stephen Holmes argue that the supposed end of history turned out to be only the beginning of an Age of Imitation. Reckoning with the history of the last thirty years, they show that the most powerful force behind the wave of populist xenophobia that began in Eastern Europe stems from resentment at the post-1989 imperative to become Westernized. Through this prism, the Trump revolution represents an ironic fulfillment of the promise that the nations exiting from communist rule would come to resemble the United States. In a strange twist, Trump has elevated Putin's Russia and Orbán's Hungary into models for the United States. Written by two pre-eminent intellectuals bridging the East/West divide, The Light that Failed is a landmark book that sheds light on the extraordinary history of our Age of Imitation.

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  Reproductive Rights and Justice Stories

  Melissa Murray, Katherine Shaw, and Reva B. Siegel

  This book tells the movement and litigation stories behind important reproductive rights and justice cases. The twelve chapters span topics including contraception, abortion, pregnancy, and assisted reproductive technologies, telling the stories of these cases using a wide-lens perspective that illuminates the complex ways law is debated and forged—in social movements, in representative government, and in courts. Some of the chapters shed new light on cases that are very much part of the constitutional law canon—Griswold v. Connecticut, Roe v. Wade, Planned Parenthood v. Casey, Nevada Department of Human Resources v. Hibbs. Others introduce the reader to new cases from state and lower federal courts that illuminate paths not taken in the law. Reading the cases together highlights the lived horizon in which individuals have encountered and struggled with questions of reproductive rights and justice at different eras in our nation’s history—and so reveals the many faces of law and legal change. The volume is being published at a critical and perhaps pivotal moment for this area of law. The changing composition of the Supreme Court, increased executive and legislative action, and shifting political interests have all pushed issues of reproductive rights and justice to the forefront of contemporary discourse. The volume is suited to a wide range of law school courses, including constitutional law, family law, employment law, and reproductive rights and justice; it could also be assigned in undergraduate or graduate courses on history, gender studies, and reproductive rights and justice.

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  E Pluribus Unum: How the Common Law Helped Unify and Liberate Colonial America, 1607-1776

  William E. Nelson

  The colonies that comprised pre-revolutionary America had thirteen legal systems and governments. Given their diversity, how did they evolve into a single nation? In E Pluribus Unum, the eminent legal historian William E. Nelson explains how this diverse array of legal orders gradually converged over time, laying the groundwork for the founding of the United States. From their inception, the colonies exercised a range of approaches to the law. For instance, while New England based its legal system around the word of God, Maryland followed the common law tradition, and New York adhered to Dutch law. Over time, though, the British crown standardized legal procedure in an effort to more uniformly and efficiently exert control over the Empire. But, while the common law emerged as the dominant system across the colonies, its effects were far from what English rulers had envisioned. E Pluribus Unum highlights the political context in which the common law developed and how it influenced the United States Constitution. In practice, the triumph of the common law over competing approaches gave lawyers more authority than governing officials. By the end of the eighteenth century, many colonial legal professionals began to espouse constitutional ideology that would mature into the doctrine of judicial review. In turn, laypeople came to accept constitutional doctrine by the time of independence in 1776. Ultimately, Nelson shows that the colonies' gradual embrace of the common law was instrumental to the establishment of the United States. Not simply a masterful legal history of colonial America, Nelson's magnum opus fundamentally reshapes our understanding of the sources of both the American Revolution and the Founding. E Pluribus Unum: abbreviates William E. Nelson's four-volume series on law in colonial America into a single visionary volume, providing a unified political history of the colonies; draws on extensive research of colonial American court records between the dates of the earliest settlements and 1776; argues that lawyers and their clients' diverse economic interests spurred the development of the American legal system up to and including the Revolution.

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  When at Times the Mob Is Swayed: A Citizen's Guide to Defending Our Republic

  Burt Neuborne

  From a leading constitutional lawyer who has sued every president since LBJ, a masterful explication of the true “pillars of our democracy”. “A republic, if you can keep it.” —Benjamin Franklin On November 9, 2016—and again on January 6, 2021—many Americans feared that our democracy was on the verge of collapse. But is it? In an erudite and brilliant evaluation of the current state of our government, noted constitutional scholar Burt Neuborne administers a stress test to democracy and concludes that our unprecedented sets of constitutional protections, all endorsed by both major parties, stand between us and an authoritarian federal regime: namely the division of powers between the three branches, the rights reserved to the states, and the Bill of Rights. Neuborne parses the genius of our constitutional system and the ways its built-in resilience will ultimately survive current attempts to dismantle it. While many important issue areas—women’s right to choose, LGBTQ rights, separation of church and state—risk erosion, Neuborne argues that the Constitution’s inherent defense mechanisms can buy us time. But only an active citizenry will enable us to defend our cherished rights and protections, fulfilling Ben Franklin’s charge to keep our republic.

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  Environmental Law and Policy

  Richard L. Revesz, Michael A. Livermore, Caroline Cecot, and Jayni Foley Hein

  This casebook emphasizes environmental policy, as well as the structure and details of the federal environmental statutes. It focuses students’ attention on how tradeoffs between environmental goals and social goals are resolved in different and difficult contexts. The book pays close attention to the political context in which regulation takes place, looking at the impact of the federal government, interest groups, and administrative agencies in the regulatory process. It examines current efforts to address climate change and regulate greenhouse gases through existing statutory frameworks. The casebook includes substantial introductions and extensive notes and questions to guide classroom discussion. The book has been updated to reflect new developments in the law of natural resource management, water pollution, and climate change.

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  Boys' Secrets and Men's Loves: A Memoir

  David A.J. Richards

  Boys' Secrets and Men's Loves is the memoir of a law professor who has written over twenty books on the basic rights of American constitutionalism. He has been a prominent advocate of gay rights and feminism, which joins men and women in resistance. A gay man born into an Italian American family in New Jersey, he relates in this book his own experience on how the initiation of boys into patriarchy inflicts trauma, leading them to mindlessly accept patriarchal codes of masculinity, and how (through art, philosophy, and experience--including mutual love) he and others (straight and gay men) come to join women in resisting patriarchy through the discovery of how deeply it harms men as well as women.

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  Fundamentals of Partnership Taxation: Cases and Materials

  Stephen Schwarz, Daniel J. Lathrope, and Brant J. Hellwig

  The Eleventh Edition of this widely used casebook continues its long tradition of teaching the “fundamentals” of a highly complex subject with clear and engaging explanatory text, skillfully drafted problems, and a rich and well edited mix of original source materials to accompany the Code and regulations. This extensive revision discusses all significant developments since the last edition, including relevant provisions of the 2017 tax legislation known as the Tax Cuts and Jobs Act. Highlights of new material covered in the Eleventh Edition are: The deduction under § 199A for 20% of qualified business income from a pass-through entity. The discussion incorporates the final regulations, and includes a new problem set. The impact on choice of entity of the 21% corporate income tax rate, lower individual income tax rates, the 20% deduction for qualified business income, and other tax and business planning considerations. The three-year long-term holding period required by § 1061 for capital gains allocable to service partners with carried interests. Final, temporary and proposed regulations on partnership liabilities and the special treatment of bottom dollar payment obligations. New limitations in § 461(l) on excess business losses. Technical changes to Subchapter K, including the expanded definition of “substantial built-in loss” under § 743(b) and repeal of the technical termination rule in § 708. S corporation developments, including the requirement to pay reasonable compensation to shareholder-employees for purposes of the § 199A qualified business income deduction.

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  Standing for Reason: The University in a Dogmatic Age

  John E. Sexton

  A powerful case for the importance of universities as an antidote to the “secular dogmatism” that increasingly infects political discourse. John Sexton argues that over six decades, a “secular dogmatism,” impenetrable by dialogue or reason, has come to dominate political discourse in America. Political positions, elevated to the status of doctrinal truths, now simply are “revealed.” Our leaders and our citizens suffer from an allergy to nuance and complexity, and the enterprise of thought is in danger. Sexton sees our universities, the engines of knowledge and stewards of thought, as the antidote, and he describes the policies university leaders must embrace if their institutions are to serve this role. Acknowledging the reality of our increasingly interconnected world—and drawing on his experience as president of New York University when it opened campuses in Abu Dhabi and Shanghai—Sexton advocates for “global network universities” as a core aspect of a new educational landscape and as the crucial foundation-blocks of an interlocking world characterized by “secular ecumenism.”

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  Raising the Bar: Diversifying Big Law

  Anthony C. Thompson

  A first-of-its-kind book of honest reflections, straight talk, and essential advice about life at big law firms for people of color. “Know where you take yourself and then act like you belong.” —Theresa Cropper, chief diversity officer, Perkins Coie. What do young people of color aspiring to careers in the law need to know about life at big law firms? What do law schools need to do to prepare them? What do the firms themselves need to do to attract, retain, and promote them? In Raising the Bar, four partners of color from leading law firms engage in a no-holds-barred conversation about what it takes to make it in big law using their own journeys to the top to discuss how law firms can do a better job of attracting and holding on to a more diverse set of young attorneys. They also offer advice to the attorneys themselves on how to succeed in a culture that has long excluded them, including finding mentors among those who don’t look like you, building a portable toolkit of skills, establishing key connections outside the firm, and staying “true to you,” even as young associates of color navigate the foreign terrain of insular firm culture. The book also includes a section of concrete advice from diversity coordinators at several top law firms.

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  Boundaries of Investment Arbitration: The Use of Trade and European Human Rights Law in Investor-State Disputes

  José E. Alvarez

  The Boundaries of Investment Arbitration analyses references to European human rights and WTO law in investor-state rulings, advances reasons for these resorts to “non-investment” law, and puts these “boundary crossings” in broader context. It enumerates the legal gateways for these “public law” references and considers what engagement with human rights and trade law tells us about the motivations of investor-state arbitrators, scholars, and civil society. Exploring when and how arbitrators or litigants reach into other international law regimes to interpret the content of international investment law says a great deal about what that law is—and is not. Investment law practitioners are likely to find the author’s enumeration of the many ISDS rulings that refer to trade or European human rights law (which are summarized in tables that identify the issues on which these references are considered relevant) useful in the course of litigation. Those concerned with contemporary debates over the future of the investment regime will be equally interested in whether such boundary crossings make international investment law more or less “fair,” “consistent,” or “legitimate.”

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  The Lies That Bind: Rethinking Identity, Creed, Country, Color, Class, Culture

  Kwame Anthony Appiah

  Who do you think you are? That's a question bound up in another: What do you think you are? Gender. Religion. Race. Nationality. Class. Culture. Such affiliations give contours to our sense of self, and shape our polarized world. Yet the collective identities they spawn are riddled with contradictions, and cratered with falsehoods. Kwame Anthony Appiah's The Lies That Bind is an incandescent exploration of the nature and history of the identities that define us. It challenges our assumptions about how identities work. We all know there are conflicts between identities, but Appiah shows how identities are created by conflict. Religion, he demonstrates, gains power because it isn't primarily about belief. Our everyday notions of race are the detritus of discarded nineteenth-century science. Our cherished concept of the sovereign nation--of self-rule--is incoherent and unstable. Class systems can become entrenched by efforts to reform them. Even the very idea of Western culture is a shimmering mirage. From Anton Wilhelm Amo, the eighteenth-century African child who miraculously became an eminent European philosopher before retiring back to Africa, to Italo Svevo, the literary marvel who changed citizenship without leaving home, to Appiah's own father, Joseph, an anticolonial firebrand who was ready to give his life for a nation that did not yet exist, Appiah interweaves keen-edged argument with vibrant narratives to expose the myths behind our collective identities. These 'mistaken identities,' Appiah explains, can fuel some of our worst atrocities--from chattel slavery to genocide. And yet, he argues that social identities aren't something we can simply do away with. They can usher in moral progress and bring significance to our lives by connecting the small scale of our daily existence with larger movements, causes, and concerns. Elaborating a bold and clarifying new theory of identity, The Lies That Bind is a ringing philosophical statement for the anxious, conflict-ridden twenty-first century. This book will transform the way we think about who--and what--'we' are.

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  Research Handbook on Corporate Crime and Financial Misdealing

  Jennifer H. Arlen

  This highly topical Research Handbook examines how to deter corporate misconduct through public enforcement and private interventions. Contributors present theoretical and empirical analyses of individual and organizational liability for corporate misconduct, securities, fraud and corruption. Other chapters evaluate private interventions, such as whistleblowing and compliance. Chapters cover individual and organizational liability evaluate issues such as individual liability for corporate crime, deferred and non-prosecution agreements, supervisory liability, the cost to organizations of reputational damage from corporate settlements, corporate and individual liability for securities fraud, the SEC’s revolving door, multi-jurisdictional enforcement of anti-corruption laws, the scope of the Foreign Corrupt Practices Act, and countries’ efforts to deter corruption by state actors. Chapters on private interventions examine optimal compliance, behavioral compliance, the role of the General Counsel, internal investigations, and whistleblowing. This Research Handbook also highlights promising avenues for future research. The Research Handbook on Corporate Crime and Financial Misdealing is designed to provide a broad introduction to the literature in each area covered, as well as in-depth original analysis on important issues of concern to legal researchers, policy-makers, and practitioners.

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  Trademark Law: An Open-Source Casebook

  Barton C. Beebe

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

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  The Logic of the Transfer Taxes: A Guide to the Federal Taxation of Wealth Transfers

  Laura E. Cunningham and Noël B. Cunningham

  Prior edition of The Logic of the Transfer Taxes: A Guide to the Federal Taxation of Wealth Transfers.

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  Framing Intellectual Property Law in the 21st Century: Integrating Incentives, Trade, Development, Culture, and Human Rights

  Rochelle C. Dreyfuss and Elizabeth Siew-Kuan Ng

  As knowledge production has become a more salient part of the economy, intellectual property laws have expanded. From a backwater of specialists in patent, copyright, and trademark law, intellectual property has become linked to trade through successive international agreements, and appreciated as key to both economic and cultural development. Furthermore, law has begun to engage the interest of economists, political theorists, and human rights advocates. However, because each discipline sees intellectual property in its own way, legal scholarship and practice have diverged, and the debate over intellectual property law has become fragmented. This book is aimed at bringing this diverse scholarship and practice together. It examines intellectual property through successive lenses (incentive theory, trade, development, culture, and human rights) and ends with a discussion of whether and how these fragmented views can be reconciled and integrated.

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  The Oxford Handbook of Intellectual Property Law

  Rochelle C. Dreyfuss and Justine Pila

  This Handbook examines intellectual property (IP) law at a particular point in time. It takes a theoretical approach to IP, viewing IP rights though a variety of lenses; for example, IP as a public interest mechanism, the impact of the Internet on IP, and how IP relates to human rights, climate change, and public health. It considers issues of IP licensing and cross-border IP enforcement, remedies for the infringement of IP rights, the interplay between user innovation and patent doctrine, how IP limits competition law, and the possibility of privately ordering the use of IP. Some chapters discuss the emergence and development of IP regimes in different jurisdictions and regions throughout the world, including South America, Western Europe, United States, the Middle East, and Africa. The book also explores patent law, copyright, trademarks and geographical indications, design rights, rights in data and information, and overlaps among these rights.

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  Federal Standards of Review: Review of District Court Decisions and Agency Actions

  Harry T. Edwards and Linda A. Elliott

  Federal Standards of Review: Review of District Court Decisions and Agency Actions explains the standards controlling appellate review of district court decisions and agency actions, as well as the key statutes and rules governing appellate practice. A useful resource for any attorney practicing in the federal system, this title also: describes the doctrinal frameworks informing the various standards of review; treats separately review of district court decisions and agency actions, highlighting the fundamental differences in their decision making; analyzes standards under the Administrative Procedure Act; discusses the deference due an agency's construction of its authorizing statute pursuant to Chevron and its progeny; focuses on the seminal Supreme Court decisions interpreting and applying the relevant statues, rules, and standards; provides an overview of directions taken by various circuits on issues not yet resolved by the Supreme Court. The coverage, organization, and formatting of the third edition largely follow the design of its predecessor. However, the substantive materials have been significantly overhauled. The third edition includes a wealth of new and reorganized information, including: extensive revisions to the sections covering subject matter jurisdiction and standing; revised sections on harmless error and abuse of discretion; a new introduction to the chapters on judicial review of agency action and important revisions to those chapters; amplification of the caselaw covering judicial deference to agency interpretations of their own regulations; a new chapter on the law governing the deference owed agency actions under the Supreme Court's seminal Chevron decision, including a discussion of the so-called “major questions” doctrine.

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  Iura Novit Curia in International Arbitration

  Franco Ferrari and Giuditta Cordero-Moss

  Iura Novit Curia in International Arbitration addresses a question that has attracted the attention of both scholars and practitioners for some time, namely that of whether arbitral tribunals may develop their own legal reasoning independently of the agreement and pleadings of the parties, something that may be looked upon as an oxymoron, given that arbitration itself is considered to be nothing but the result of manifestations of party autonomy – at least according to mainstream understanding of arbitration. The national reports included in this book, all drafted by distinguished academics and practitioners, are based on a questionnaire that can be found following this collection. These reports represent 15 major jurisdictions: Argentina, Austria, Brazil, Canada, Denmark, England, France, Germany, Hong Kong, Russia, Singapore, Spain, Sweden, Switzerland, and the USA. The book also includes a general report, as well as a chapter by Friedrich Rosenfeld assessing how the principle iura novit curia is dealt with in international law. Iura Novit Curia in International Arbitration is required reading for all parties involved in the international arbitration process.

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  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.

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  Civil Procedure: Cases and Materials

  Jack H. Friedenthal, Arthur R. Miller, John E. Sexton, and Helen Hershkoff

  The Twelfth Edition offers an up-to-date and accessible approach to the study of Civil Procedure. Students tend to find Civil Procedure the most mysterious of their law school courses. Our goal in this edition is to present the material in a clear and engaging manner that also is challenging and rigorous. Because courses in Civil Procedure vary greatly as to the hours allotted, the extent to which they are mandatory or optional, and the law school year or years when students are expected to enroll in them, we have designed this edition for maximum flexibility in terms of an individual classroom’s coverage, depth, sensibility, and emphasis. The revised edition reflects up-to-date amendments to the Federal Rules of Civil Procedure and covers important new Supreme Court cases on personal jurisdiction, federal jurisdiction, and other topics relevant 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 continues to be a highly successful teaching tool, and we have preserved the basic format and much of the material from the Eleventh Edition. In our view, many older cases continue to serve as excellent teaching vehicles because of their length, focus, or open-ended nature. Where we have deleted earlier material, our preference has been to substitute contemporary cases in which the facts are interesting, in which the conflicting policies seem to be in a state of equilibrium, or in which the context has extrinsic fascination, rather than materials that offer a tight monograph various aspects of procedure. In additions, we have streamlined and synthesized some earlier notes and cases to make room for cutting-edge issues and to allow the students to self-assess and to engage in strategic thinking. The Twelfth Edition, like its predecessors, places substantial emphasis on the operation of the Federal Rules of Civil Procedure, but also includes state and foreign examples to enable a comparative approach. 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 timechart 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 students to criticize them 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 in order to shorten them and 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 a footnote.

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  Civil Procedure: Cases and Materials

  Jack H. Friedenthal, Arthur R. Miller, John E. Sexton, and Helen Hershkoff

  This Compact Twelfth 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 Twelfth Edition will prove advantageous for many teachers who have shorter courses of four or even three hours because it provide 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 Twelfth Edition that expands the range of choices available to you. The Compact Twelfth Edition offers an up-to-date and accessible approach to the study of 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 las the latest Supreme Court cases involving subject-matter jurisdiction, personal jurisdiction, and other topics pertinent to the first-year course. This 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 compact edition the basic format of the prior edition. Along with traditional material, we include contemporary cases in which the facts are interesting, in which the conflicting policies seem to be in a state of equilibrium or in which the 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 Twelfth 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, are also included. The Supplement contains a litigation timechart and an illustrative litigation problem, showing how a case develops in practice and sample of the documents that actually might have formed a portion of the record. These sample are not designed as models to be emulated. To the contrary, they often contain defects intended to encourage students to criticize them in light of knowledge they have obtained from the cases and classroom discussion. The Supplement also include complaints from two principal cases and one note case. The cases and excerpts from other materials have been edited carefully in order to shorten them and 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 a footnote.

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  Punishment and Welfare: A History of Penal Strategies

  David W. Garland

  First published in 1985, this classic of law and society scholarship continues to shape the research agenda of today’s sociology of punishment. It is now republished with a new Preface by the author. Punishment and Welfare explores the relation of punishment to politics, the historical formation and development of criminology, and the way in which penal reform grew out of the complex set of political projects that founded the modern welfare state. Its analyses powerfully illuminate many of the central problems of contemporary penal and welfare policy, showing how these problems grew out of political struggles and theoretical debates that occurred in the first years of the 20th century. In conducting this investigation, David Garland developed a method of research which combines detailed historical and textual analysis with a broader sociological vision, thereby synthesizing two forms of analysis that are more often developed in isolation. The resulting genealogy will interest everyone who works in this field.

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  Journalism Under Fire: Protecting the Future of Investigative Reporting

  Stephen Gillers

  A healthy democracy requires vigorous, uncompromising investigative journalism. But today the free press faces a daunting set of challenges: in the face of harsh criticism from powerful politicians and the threat of lawsuits from wealthy individuals, media institutions are confronted by an uncertain financial future and stymied by a judicial philosophy that takes a narrow view of the protections that the Constitution affords reporters. In Journalism Under Fire, Stephen Gillers proposes a bold set of legal and policy changes that can overcome these obstacles to protect and support the work of journalists. Gillers argues that law and public policy must strengthen the freedom of the press, including protection for news gathering and confidential sources. He analyzes the First Amendment’s Press Clause, drawing on older Supreme Court cases and recent dissenting opinions to argue for greater press freedom than the Supreme Court is today willing to recognize. Beyond the First Amendment, Journalism Under Fire advocates policies that facilitate and support the free press as a public good. Gillers proposes legislation to create a publicly funded National Endowment for Investigative Reporting, modeled on the national endowments for the arts and for the humanities; improvements to the Freedom of Information Act; and a national anti-SLAPP law, a statute to protect media organizations from frivolous lawsuits, to help journalists and the press defend themselves in court. Gillers weaves together questions of journalistic practice, law, and policy into a program that can ensure a future for investigative reporting and its role in our democracy.