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Regulation of Lawyers: Problems of Law and Ethics
Stephen Gillers
Reading a preface is not high on your to-do list. I get that. But this one is written with you in mind. And it’s short. So give me ten minutes. Three quick points: First, this is your second most important class. Yeah, right, you think. A bold statement. Here’s why I make it. Say you become an antitrust lawyer. Your criminal procedure class will fade in your memory. Or if you become a criminal defense lawyer, you won’t need to know much about copyright. But whatever work you do as a lawyer, you will practice what you learn in this book and the class that assigns it every day you go to work. Other courses teach lessons that bear on a client’s problems. This book is about your work as a lawyer. But not only. Knowledge of these rules enables you to protect your clients against misconduct by other lawyers. And representing lawyers and law firms in trouble (or needing advice to avoid trouble) is an established practice area that might appeal to you. Second, the book contains many problems. Some are one paragraph, others a page or more. Many are based on real events that I’ve heard or read about. Mostly, the problems are dense and messy, like life. They arose yesterday or will arise tomorrow. A problem may not have all the information required to answer it. You may have to identify what more you need to know. Third, this book has a personality, a voice: mine. In that way, it is unlike some other casebooks. Its voice is conversational. Sometimes, it takes a position. I invite you to disagree. As you approach the starting line of your legal career, most important are the rules that constrain your behavior. You will want to know—in such areas as competence, fees, advocacy, confidentiality, conflicts of interest, negotiation, and the client-lawyer relationship—what may or must you do or not do with confidence that your conduct will not lad you before a disciplinary committee, create civil liability, invite court sanction, forfeit your fee, or damage your reputation. “Ethics,” while a useful term, does not accurately describe all lessons learned here. The law business is heavily regulated. The regulations have grown more complex in recent years. This has led to new terms—the law governing lawyers and the law of lawyering—lest anyone be fooled by the word “ethics” into believing that the subject is simply about how to be a good person (although it’s about that, too). Avoid two errors. First, do not believe that the right way to act—toward clients, courts, adversaries, or colleagues—will be intuitively obvious. Sure, sometimes it will be. But no one needs to teach you not to lie or steal. The rules here may be obscure, some may be counterintuitive, and they can be subtle in application. Applications in turn calls for judgment, and judgment is mostly learned though experience. But it can begin now. Second, don’t assume your employer will provide all the protection you need. Most law offices do have systems to detect and avoid mistakes and people to whom lawyers can turn for advice. But the best systems and resources are still not perfect, and anyway, the professional responsibility of a lawyer cannot be delegated wholesale to others. Furthermore, you need to know enough to know when you need advice. A broader perspective from which to view the laws and rules that regulate lawyers looks at their effect on civil society and the administration of justice. These laws and rules help define the nature and work of the entire profession and therefore the behavior of our legal institutions and the quality of our social justice. For example, a rule that prohibits or requires a lawyer to reveal a client’s confidential information to protect others from harm will influence a lawyer’s own behavior, but it may also affect what clients are willing to tell their lawyers. As you enter law practice, you may be more interested in such questions as “How must I behave?” and “How can I stay out of trouble?” than in asking, “What are the consequences to civil society and justice if one or another version of a particular rule is applies to America’s 1.3 million license lawyers?” Still, the last question is important and, it not as immediate, may arise in the course of your professional life. You may someday be in positions to resolve the broader questions—as a member of a bar committee, a legislator, a government lawyer, or a judge. Asking about the consequences to justice and civil society if a rule is resolved one way rather than another—saying which resolution is best—engenders different answers among both lawyers and the public. Why is that? In part because the answers depend on political and moral values more fundamental than the “ethics” that inform various codes. And, of course, the political and moral values of different people differ. In addressing these questions, we should also try to be honest about the interests we mean to protect. Those of society generally? Those of a particular client population? The legal profession’s? Our own? Law school and law practice, it is sometimes said, encourage more rather than less self-interest. In transition as you are, your answers may vary from what they would have been before you entered law school, and they will likely be different five years on. You will enter a profession in greater transition than at any other time in U.S. history. Three interrelated forces are reshaping the U.S. law industry: technology, globalization, and competition from abroad and from new sources of legal advice. These forces are upsetting a lawyer regulatory system that has served the United States well for more than a century, a system based on geography. In that system, lawyers get licensed by a place and serve clients from an office in the same place. But technology has disturbed the utility of geography as the basis to regulate. The Internet does not recognize borders. Neither may a client’s problems. Technology and globalization have encouraged competition from lawyers outside the U.S. and the ability of non-law businesses here and abroad to offer legal services at lower cost. Chapter 12C and 14C address these trends. This is the eleventh edition of the book. I started on it in 1982 shortly before the birth of the first of two amazing daughters to whom all editions have been dedicated. I sent the manuscript to the publisher just after the birth of the second daughter in 1984. Since then, I spend a few hours weekly planning the next edition. The daughters are not out in the world, but the book never left home. You think a lot about what a casebook is and can be when you live with one so long. The book’s primary purpose is to provide information, but that’s just the beginning. The minimum editorial task would allow me to pick good cases and other materials, edit them, order them logically, add interstitial notes and questions, and put the product between covers. Voila! A casebook. Or course, one must begin this way, but if nothing more were possible (even if not required), I wonder if I would have kept at it so long. Luckily, more is possible while still serving the book’s goal—to teach the subject. For starters, we can strive for humor, variety, clarity, and good writing. The enterprise will not likely support the voice and incisiveness of an Orwell essay or the quirkiness of a Vonnegut novel—assuming counterfactually that I had the talent to achieve either (in which case I’d probably be in a different line of work)—but a casebook is a book, after all, and it should have an authorial presence in so far as possible. That’s what makes the book mine. And then there are the stories lawyers tell each other. The legal profession is a culture of storytellers and stories. Harrison Tweed (1885-1969), a president of the New York Bar Association, once said: “I have a high opinion of lawyers. With all their faults, they stack up well against those in every other occupation or profession. They are better to work with or play with or fight with or drink with than most other varieties of mankind.” These words are inscribed on a wall at the Association headquarters. As a young lawyer, I thought Tweed was overly effusive, if not downright sanctimonious. At that time, I was inclined to agree with the character in George Bernard Shaw’s play The Doctor’s Dilemma who said that “all professions are conspiracies against the laity.” To some extent, I still find Tweed excessive and Shaw’s character apt. But not I think Tweed had a point. The profession and its members are fascinating to study, and its stories are fascinating to hear. As with the study of any culture, understanding the bar requires density of information. We must know a thousand small details about the actual life within the society of lawyers, not merely a few doctrines and theories, if we are going to understand Lawyerland truly. I have tried to include come of those details here. I invite your views on the book. What was dull? What worked well? How can the book be improved? Have you encountered a quote or story somewhere (true or fictional) that you think nicely highlights an issue? This edition is indebted to past users who alerted me to interesting sources. Send email to stephen.gillers@nyu.edu. All comments will be gratefully acknowledged. Onto chapter 1.
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Regulation of Lawyers: Statutes and Regulations
Stephen Gillers, Roy D. Simon, and Andrew M. Perlman
Prior edition of Regulation of Lawyers: Statutes and Regulations (Concise ed).
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Regulation of Lawyers: Statutes and Regulations
Stephen Gillers, Roy D. Simon, and Andrew M. Perlman
Prior edition of Regulation of Lawyers: Statutes and Regulations.
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Darkness Now Visible: Patriarchy's Resurgence and Feminist Resistance
Carol Gilligan and David A.J. Richards
In the fall of 2016 those promoting patriarchal ideals saw their champion Donald Trump elected president of the United States and showed us how powerful patriarchy still is in American society and culture. Darkness Now Visible: Patriarchy's Resurgence and Feminist Resistance explains how patriarchy and its embrace of misogyny, racism, xenophobia, homophobia, and violence are starkly visible and must be recognized and resisted. Carol Gilligan and David A. J. Richards offer a bold and original thesis: that gender is the linchpin that holds in place the structures of unjust oppression through the codes of masculinity and femininity that subvert the capacity to resist injustice. Feminism is not an issue of women only, or a battle of women versus men - it is the key ethical movement of our age.
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Federal Income Taxation: Principles and Policies
Michael J. Graetz, Deborah H. Schenk, and Anne L. Alstott
This casebook on federal income taxation contains detailed text and explanatory materials. The eighth edition marks a major revision of the casebook to cover recent regulations, rulings, cases and other new developments, including the major changes made to the Internal Revenue Code by tax legislation in 2017.
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Carbon Capture and Storage: Emerging Legal and Regulatory Issues
Ian Havercroft, Richard Macrory, and Richard B. Stewart
Carbon Capture and Storage (CCS) is increasingly viewed as one of the most significant ways of dealing with greenhouse gas emissions. Critical to realising its potential will be the design of effective legal regimes at national and international level that can handle the challenges raised but without stifling a new technology of potential great public benefit. These include: long-term liability for storage; regulation of transport; the treatment of stored carbon under emissions trading regimes; issues of property ownership; and, increasingly, the sensitivities of handling the public engagement and perception. Following its publication in 2011, Carbon Capture and Storage quickly became required reading for all those interested in, or engaged by, the need to implement regulatory approaches to CCS. The intervening years have seen significant developments globally. Earlier legislative models are now in force, providing important lessons for future legal design. Despite these developments, the growth of the technology has been slower in some jurisdictions than others. This timely new edition will update and critically assess these updates and provide context for the development of CCS in 2018 and beyond.
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The Legitimacy of International Trade Courts and Tribunals
Robert L. Howse, Hélène Ruiz-Fabri, Geir Ulfstein, and Michelle Q. Zhang
The recent rise of international trade courts and tribunals deserves systemic study and in-depth analysis. This volume gathers contributions from experts specialised in different regional adjudicators of trade disputes and scrutinises their operations in the light of the often-debated legitimacy issues. It not only looks into prominent adjudicators that have played a significant role for global and regional integration; it also encloses the newly established and/or less-known judicial actors. Critical topics covered range from procedures and legal techniques during the adjudication process to the pre- and post-adjudication matters in relation to forum selection and decision implementation. The volume features cross-cutting interdisciplinary discussions among academics and practitioners, lawyers, philosophers and political scientists. In addition to fulfilling the research vacuum, it aims to address the challenges and opportunities faced in international trade adjudication.
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A Perilous Path: Talking Race, Inequality, and the Law
Sherrilyn Ifill, Loretta Lynch, Bryan A. Stevenson, and Anthony C. Thomspon
This blisteringly candid discussion of the American racial dilemma in the age of Black Lives Matter brings together the head of the NAACP Legal Defense Fund, the former attorney general of the United States, a bestselling author and death penalty lawyer, and a star professor for an honest conversation the country desperately needs to hear. Drawing on their collective decades of work on civil rights issues as well as personal histories of rising from poverty and oppression, these titans of the legal profession discuss the importance of working for justice in an unjust time. Covering topics as varied as “the commonality of pain,” “when ‘public’ became a dirty word,” and the concept of an “equality dividend” that is due to people of color for helping America brand itself internationally as a country of diversity and acceptance, Sherrilyn Ifill, Loretta Lynch, Bryan Stevenson, and Anthony C. Thompson engage in a deeply thought-provoking discussion on the law’s role in both creating and solving our most pressing racial quandaries. A Perilous Path will speak loudly and clearly to everyone concerned about America’s perpetual fault line.
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Intellectual Property: Patents, Trademarks, and Copyright in a Nutshell
Arthur R. Miller and Michael H. Davis
Authors Michael Davis and famed Harvard professor Arthur Miller provide authoritative coverage on the foundations of patents, trademarks, and copyright laws. Authoritative treatment of all relevant doctrines and the latest statutory and judicial changes. Text further addresses relevant torts, property, antitrust, regulatory, and federalism intersections with intellectual property law.
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Marbury v. Madison: The Origins and Legacy of Judicial Review
William E. Nelson
On the surface, the case itself seems a minor one at best. William Marbury, a last-minute judicial appointee of outgoing Federalist president John Adams, demanded redress from the Supreme Court when his commission was not delivered. But Chief Justice John Marshall could clearly see the danger his demand posed for a weak court filled with Federalist judges. Wary of the Court’s standing with the new Republican administration of Thomas Jefferson, Marshall hit upon a solution that was both principled and pragmatic. He determined that while Marbury was justified in his suit, the law on which his claim was based was in conflict with the Constitution. It was the first time that the Court struck down an act of Congress as unconstitutional, thus establishing the doctrine of judicial review that designates the Court as chief interpreter of the Constitution. Nelson relates the story behind Marbury and explains why it is a foundational case for understanding the Supreme Court. He reveals how Marshall deftly avoided a dangerous political confrontation between the executive and judicial branches by upholding the rule of law. Nelson also shows how Marshall managed to shore up the Court’s prestige and power rather than have it serve partisan political agendas. Nelson expands upon his original historical analysis by providing a more complete and nuanced account of eighteenth-century constitutionalism and the early development of judicial review. The new material includes chapters on nullification of legislation in local courts, James Otis’s articulation of the doctrine of judicial review in the Writs of Assistance Case, the use of this doctrine in response to the Stamp Act and Townshend Act, and the expansion of judicial review in the State Cases. This revised and expanded edition provides a fuller picture of colonial America and a richer understanding of Marshall’s foundational decision.
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The Common Law in Colonial America
William E. Nelson
The eminent legal historian William E. Nelson's magisterial four-volume The Common Law in Colonial America traces how the many legal orders of Britain's thirteen North American colonies gradually evolved into one American system. Initially established on divergent political, economic, and religious grounds, the various colonial systems slowly converged until it became possible by the 1770s to imagine that all thirteen participated in a common American legal order, which diverged in its details but differed far more substantially from English common law. This fourth and final volume begins where volume three ended. It focuses on the laws of the thirteen colonies in the mid-eighteenth century and on constitutional events leading up to the American Revolution. Nelson first examines procedural and substantive law and looks at important shifts in the law to show how the mid-eighteenth- century colonial legal system in large part functioned effectively in the interests both of Great Britain and of its thirteen colonies. Nelson then turns to constitutional events leading to the Revolution. Here he shows how lawyers deployed ideological arguments not for their own sake, but in order to protect colonial institutional structures and the socio-economic interests of their clients. As lawyers deployed the arguments, they developed them into a constitutional theory that gave primacy to common-law constitutional rights and local self-government. In the process, the lawyers became leaders of the revolutionary movement and a dominant political force in the new United States. Professor Nelson: engages prior scholarship, notably that of Bernard Bailyn and John Phillip Reid, which argued that ideas and constitutional values were the principal causal factors leading to the American Revolution; argues that legal ideas and arguments typically were brought to the fore in the interests, often the economic interests, of clients; points back to older scholarship that emphasized the importance of economic interests in bringing about the Revolution.
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Microeconomics
Robert S. Pindyck and Daniel L. Rubinfeld
Microeconomics exposes students to topics that play a central role in microeconomics. From game theory and competitive strategy, to the roles of uncertainty and information, and the analysis of pricing by firms with market power, the text helps students understand what’s going on in the world of business. It also shows students how microeconomics can be used as a practical tool for decision-making and for designing and understanding public policy. The 9th Edition further illustrates microeconomics’ relevance and usefulness with new coverage and examples, and an improved exposition that is clear and accessible as well as lively and engaging. With Microeconomics, readers will be able to fully appreciate how a modern economy functions.
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Why Worry About Future Generations?
Samuel Scheffler
The things we do today may make life worse for future generations. But why should we care what happens to people who won't be born until after all of us are gone? Some philosophers have treated this as a question about our moral responsibilities, and have argued that we have duties of beneficence to promote the well-being of our descendants. Rather than focusing exclusively on issues of moral responsibility, Samuel Scheffler considers the broader question of why and how future generations matter to us. Although we lack a developed set of ideas about the value of human continuity, we are more invested in the fate of our descendants than we may realize. Implicit in our existing values and attachments are a variety of powerful reasons for wanting the chain of human generations to persist into the indefinite future under conditions conducive to human flourishing. This has implications for the way we think about problems like climate change. And it means that some of our strongest reasons for caring about the future of humanity depend not on our moral duty to promote the good but rather on our existing evaluative attachments and on our conservative disposition to preserve and sustain the things that we value. This form of conservatism supports rather than inhibits a concern for future generations, and it is an important component of the complex stance we take toward the temporal dimension of our lives.
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Global Constitutionalism from European and East Asian Perspectives
Takao Suamai, Anne Peters, Dmitri Vanoverbeke, and Mattias Kumm
Global Constitutionalism argues that parts of international law can be understood as being grounded in the rule of law and human rights, and insists that international law can and should be interpreted and progressively developed in the direction of greater respect for and realization of those principles. Global Constitutionalism has been discussed primarily by European scholars. Yet without the engagement of scholars from other parts of the world, the universalist claims underlying Global Constitutionalism ring hollow. This is particularly true with regard to East Asia, where nearly half the world's population and a growing share of global economic and military capacities are located. Are East Asian perspectives on Global Constitutionalism similar to European perspectives? Against the background of current power shifts in international law, this book constitutes the first cross-cultural work on various facets of Global Constitutionalism and elaborates a more nuanced concept that fits our times.
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Dangerous Leaders: How and Why Lawyers Must Be Taught to Lead
Anthony C. Thompson
Flint, Michigan's water crisis, the New Jersey "Bridgegate" scandal, Enron: all these incidents are examples of various forms of leadership failure. More specifically, each represents marked failures among leaders with legal training. When we look closer at one profession from which we often draw our political, business, and organizational leaders—the legal profession—we find a deep chasm between what law schools teach and what the world expects. Legal education ignores leadership, sending the next generation of legally-minded leaders into a dynamic world dangerously unprepared. Dangerous Leaders exposes the risks and results of leaving lawyers unprepared to lead. It provides law schools, law students, and the legal profession with the leadership tools and models to build a better foundation of leadership acumen. Anthony C. Thompson draws from his twenty years of experience in global executive education for Fortune 100 companies and his experience as a law professor to chart a path forward for better leadership instruction within the legal academy. Using vivid, real-life case studies, Thompson explores catastrophic political, business, and legal failures that have occurred precisely because of a lapse in leadership from those with legal training. He maintains that these practices are chronic leadership failures that could have been avoided. In examining these patterns of failures, it becomes apparent that legal education has fundamentally misread its task. Thompson proposes a fundamental rethinking of legal education, based upon intersectional leadership, to prepare lawyers to assume the types of roles that our increasingly fast-paced world requires. Intersectional leadership challenges lawyer leaders to see the world through a different lens and expects a form of inclusion and respect for other perspectives and experiences that will prove critical to maneuvering in a complex environment. Dangerous Leaders imparts invaluable tools and lessons to best equip current and future generations of legal leaders.
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The Great Property Fallacy: Theory, Reality, and Growth in Developing Countries
Frank K. Upham
In this groundbreaking book, Frank K .Upham uses empirical analysis and economic theory to demonstrate how myths surrounding property law have blinded us to our own past and led us to demand that developing countries implement policies that are mistaken and impossible. Starting in the 16th century with the English enclosures and ending with the World Bank's recent attempt to reform Cambodian land law - while moving through 19th century America, postwar Japan, and contemporary China - Upham dismantles the virtually unchallenged assertion that growth cannot occur without stable legal property rights, and shows how rapid growth can come only through the destruction of pre-existing property structures and their replacement by more productive ones. He argues persuasively for the replacement of Western myths and theoretical simplifications with nuanced approaches to growth and development that are sensitive to complexity and difference and responsive to the political and social factors essential to successful broad-based development.
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International Investment Law
José E. Alvarez
American Classics in International Law: International Investment Law, edited by Professor José E. Alvarez, contains a selection of the best scholarship on the subject produced by those with a connection to the United States. Since international investment law remains a subject that is not codified in a single multilateral treaty, the volume also contains selections of U.S. treaties that have influenced the over 3,400 international investment agreements (IIAs) now in existence. The collection offers a selection of significant addresses by prominent U.S. policy-makers along with a comprehensive introduction by the Editor that puts the various elements—the contributions made by U.S. academics, treaty-negotiators, and policy-makers—in a broader context.
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The Impact of International Organizations on International Law
José E. Alvarez
The Impact of International Organizations on International Law addresses how international organizations, particularly those within the UN system, have changed the forms, contents, and effects of international law. Professor Jose Alvarez considers the impact on sovereigns and actions taken by the contemporary Security Council, the UN General Assembly, and UN Specialized Agencies such as the World Health Organization. He considers the diverse functions performed by adjudicators – from judges of the International Criminal Court to arbitrators within the international investment regime. This text raises fundamental questions concerning the future of international law given the challenges international organizations pose to legal positivism, to traditional conceptions of sovereignty, and to the rule of law itself.
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Trial Manual 6 for the Defense of Criminal Cases
Anthony G. Amsterdam and Randy A. Hertz
The Trial Manual 6 for the Defense of Criminal Cases is a guidebook for criminal defense lawyers at the trial level. It covers the information a defense attorney has to know, and the strategic factors s/he should consider, at each of the stages of the criminal trial process. It is organized for easy access by practictioners who need ideas and information quickly in order to jump-start their work at any given stage.
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As If: Idealization and Ideals
Kwame Anthony Appiah
Idealization is a central feature of human thought. We build ideal models in the sciences, our politics is guided by pictures of impossible utopias, and our thinking about the arts and moral life is guided by images of how things might have been. In all these cases we sometimes proceed with a representation of the world that we know is not true or aim at a world we accept we cannot realize. This is the world of the "as if," which the philosopher Hans Vaihinger delineated at the turn of the century, in ways he traced back to Kant. In this book, I aim to explore idealization in aesthetics, ethics, and metaphysics, as well as in the philosophy of mind, of language, of religion, and of the social and natural sciences. No one could be an expert on all of these things, but sometimes in philosophy it helps to stand back and take a broader view. On the way I hope to illuminate many issues, large and small, but there is one over-arching lesson: our best chance of understanding the world must be to have a plurality of ways of thinking about it. This book is about why we need a multitude of pictures of the world. It is a gentle jeremiad against theoretical monism.
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Special Education Law and Practice: Cases and Materials
Deborah N. Archer and Richard D. Marsico
Special Education Law and Practice is an experientially-focused casebook that also serves as a reference for attorneys who practice special education law and anyone interested in learning about the special education process. The casebook covers substantive special education rights, racial disparities in special education, discipline, procedural protections, federal court litigation, remedies, and attorneys' fees. Each chapter begins with a problem, rich in facts and law, that places the student in the position of an attorney trying to resolve a problem for a client using that chapter's materials. Comprehensive notes expand the areas covered by featured cases.
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Federal Income Taxation
Joseph Bankman, Daniel N. Shaviro, Kirk J. Stark, and Edward D. Kleinbard
Building on and adding to the strengths of its predecessors, the new 17th Edition of Federal Income Taxation continues the legacy of its original authors, Boris Bittker, Lawrence M. Stone and William A. Klein, in presenting complex material in an easy to understand way. With leading tax scholars Bankman, Shaviro, Stark and now Kleinbard at the helm of this widely popular book, the book continues to offer an accessible format, bridging the gap between theory and practice, and presenting a variety of perspectives: historical, economic, political, and international. New cases have been added, including more recent older cases (such as Cesarini v. United States), and new chapters have been included on Public and Private Sphere, Debt, Economic Substance, and Law and Poverty. Key Features: great pedigree and authorship; Original authors Boris Bittker and William A. Klein were eminent authorities (with beautiful writing styles). Bankman, Shaviro, Stark, and Kleinbard are among today’s leading tax scholars; the book has always offered the highest integration of economics and policy analysis; notes, problems, and graphs make challenging material accessible; even with all the new material, it is still one of the shortest books around – making it easy to teach from; terrific teacher’s manual with teaching notes on every case and concept; new chapters have been added on: public and Private Sphere to help clarify conceptual and administrative issues; debt, which included charts to help student navigate this tricky area; Law and Poverty which provides policy analysis and brief explanation of Earned Income Tax Credit.
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Encyclopedia of Private International Law
Jürgen Basedow, Giesela Rühl, Franco Ferrari, and Pedro de Miguel Asensio
The Encyclopedia of Private International Law quite simply represents the definitive reference work in the field. Bringing together 195 authors from 57 countries the Encyclopedia sheds light on the current state of Private International Law around the globe, providing unique insights into the discipline and how it is affected by globalization and increased regional integration. The role and character of Private International Law has changed tremendously over the past decades. With the steady increase of global and regional inter-connectedness the practical significance of the discipline has grown. And so has the number of legislative activities on the national, international and, most importantly, the European level. The Encyclopedia is a rich and varied resource in four volumes. The first two volumes provide comprehensive coverage of topical aspects of Private International Law in the form of 247 alphabetically arranged entries. The third volume provides insightful detail on the national Private International Law regimes of 80 different countries. The fourth volume presents invaluable, and often unique, English language translations of the national codifications and provisions of Private International Law in those countries. Key Features: 247 substantive entries; 80 national reports; entries organized alphabetically for ease of navigation; fully cross-referenced; entries written by the world’s foremost scholars of Private International Law; national codifications in English collected together into a single volume for quick reference; world class editor team.
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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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Administrative Law and Regulatory Policy: Problems, Text, and Cases
Stephen G. Breyer, Richard B. Stewart, Cass R. Sunstein, Adrian Vermeule, and Michael E. Herz
An outstanding author team examines administrative procedure and policy in light of substantive policy issues, such as public health and safety, environmental protections, and the regulation of the economy. Questions, notes, and problems support fruitful analysis of Supreme Court decisions, administrative acts, and matters of contemporary debate. Features: revised materials on presidential appointment and removal; e-rulemaking, the Obama Administration’s transparency and openness initiatives, and new technologies; material on the Information Quality Act, midnight regulations, and guidance documents; a new section on global administrative law; significant new Supreme Court decisions; streamlined Notes and Questions.
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