Faculty Books & Edited Works

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  The Law of Financial Institutions

  Richard Scott Carnell, Jonathan R. Macey, and Geoffrey P. Miller

  The Law of Financial Institutions, Sixth Edition provides the foundation for a successful course on the law of traditional commercial banks. The book's clear writing, careful editing, concise explanations, and provocative questions make a difficult field of law lively and interesting.

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  Civil Litigation in Comparative Context

  Oscar G. Chase and Helen Hershkoff

  This book is designed to introduce the varieties of litigation systems in use in different modern states. It opens with a treatment of the principal differences among the major civil litigation systems. Subsequent chapters cover the organization of courts and the legal profession, the role of the attorney and the judge, the processes of learning and proving facts, short cuts to judgment and provisional remedies, the appellate process, enforcement of judgments, and the prospects for convergence and harmonization. The book can be used as (i) an adjunct to an introductory civil procedure course; (ii) the text for an upper-class seminar in comparative procedure; and (iii) as a supplement to the existing general comparative law casebooks. The author team on the second edition includes scholars and practitioners from Germany, England, Italy, Japan, and the United States.

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  Civil Litigation in Comparative Context

  Oscar G. Chase, Helen Hershkoff, Linda J. Silberman, John Sorabji, Rolf Stürner, Yasuhei Taniguchi, and Vincenzo Varano

  This book is designed to introduce the varieties of litigation systems in use in different modern states. It opens with a treatment of the principal differences among the major civil litigation systems. Subsequent chapters cover the organization of courts and the legal profession, the role of the attorney and the judge, the processes of learning and proving facts, short cuts to judgment and provisional remedies, the appellate process, enforcement of judgments, and the prospects for convergence and harmonization. The book can be used as (i) an adjunct to an introductory civil procedure course; (ii) the text for an upper-class seminar in comparative procedure; and (iii) as a supplement to the existing general comparative law casebooks. The author team on the second edition includes scholars and practitioners from Germany, England, Italy, Japan, and the United States.

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

  Laura E. Cunningham and Noël B. Cunningham

  This course book is designed to guide students through the conceptual framework of subchapter K. The material avoids neither the hard questions nor the conceptual difficulties, leaving students with a firm understanding of partnership taxation. Each chapter begins with a basic explanation of the relevant provisions and the roles that they play in the overall structure of subchapter K. It includes an increasingly detailed discussion of the specific rules, including multiple illustrative examples. Each chapter builds on the earlier chapters, leading the student through subchapter K. It is appropriate for J.D. or graduate-level law school courses on partnership taxation.

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  A New Deal for China's Workers?

  Cynthia Estlund

  China’s labor landscape is changing, and it is transforming the global economy in ways that we cannot afford to ignore. Once-silent workers have found their voice, organizing momentous protests, such as the 2010 Honda strikes, and demanding a better deal. China’s leaders have responded not only with repression but with reforms. Are China’s workers on the verge of a breakthrough in industrial relations and labor law reminiscent of the American New Deal? In A New Deal for China’s Workers? Cynthia Estlund views this changing landscape through the comparative lens of America’s twentieth-century experience with industrial unrest. China’s leaders hope to replicate the widely shared prosperity, political legitimacy, and stability that flowed from America’s New Deal, but they are irrevocably opposed to the independent trade unions and mass mobilization that were central to bringing it about. Estlund argues that the specter of an independent labor movement, seen as an existential threat to China’s one-party regime, is both driving and constraining every facet of its response to restless workers. China’s leaders draw on an increasingly sophisticated toolkit in their effort to contain worker activism. The result is a surprising mix of repression and concession, confrontation and cooptation, flaws and functionality, rigidity and pragmatism. If China’s laborers achieve a New Deal, it will be a New Deal with Chinese characteristics, very unlike what workers in the West achieved in the last century. Estlund’s sharp observations and crisp comparative analysis make China’s labor unrest and reform legible to Western readers.

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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 policy 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. Revised and streamlined throughout, the second edition covers recent developments including: the controversy over the Obama administration's immigration initiatives and other cases from the Supreme Court's October Term 2016, the Trump administration's early executive actions, and proposals to curb agencies' authority pending in the 115th Congress. The second edition also includes expanded materials on the theory of federal regulation, informal agency adjudication, notice-and-comment rulemaking, and Article III limits on judicial review of agency action.

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  Forged Through Fire: War, Peace, and the Democratic Bargain

  John A. Ferejohn and Frances McCall Rosenbluth

  Peace, many would agree, is a goal that democratic nations should strive to achieve. But is democracy, in fact, dependent on war to survive? Having spent their celebrated careers exploring this provocative question, John Ferejohn and Frances McCall Rosenbluth trace the surprising ways in which governments have mobilized armies since antiquity, discovering that our modern form of democracy not only evolved in a brutally competitive environment but also quickly disintegrated when the powerful elite no longer needed their citizenry to defend against existential threats. Bringing to vivid life the major battles that shaped our current political landscape, the authors begin with the fierce warrior states of Athens and the Roman Republic. While these experiments in “mixed government” would serve as a basis for the bargain between politics and protection at the heart of modern democracy, Ferejohn and Rosenbluth brilliantly chronicle the generations of bloodshed that it would take for the world’s dominant states to hand over power to the people. In fact, for over a thousand years, even as medieval empires gave way to feudal Europe, the king still ruled. Not even the advancements of gunpowder—which decisively tipped the balance away from the cavalry-dominated militaries and in favor of mass armies—could threaten the reign of monarchs and “landed elites” of yore. The incredibly wealthy, however, were not well equipped to handle the massive labor classes produced by industrialization. As we learn, the Napoleonic Wars stoked genuine, bottom-up nationalism and pulled splintered societies back together as “commoners” stepped up to fight for their freedom. Soon after, Hitler and Stalin perfectly illustrated the military limitations of dictatorships, a style of governance that might be effective for mobilizing an army but not for winning a world war. This was a lesson quickly heeded by the American military, who would begin to reinforce their ranks with minorities in exchange for greater civil liberties at home. Like Francis Fukuyama and Jared Diamond’s most acclaimed works, Forged Through Fire concludes in the modern world, where the “tug of war” between the powerful and the powerless continues to play out in profound ways. Indeed, in the covert battlefields of today, drones have begun to erode the need for manpower, giving politicians even less incentive than before to listen to the demands of their constituency. With American democracy’s flanks now exposed, this urgent examination explores the conditions under which war has promoted one of the most cherished human inventions: a government of the people, by the people, for the people. The result promises to become one of the most important history books to emerge in our time.

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  The Impact of EU Law on International Commercial Arbitration

  Franco Ferrari

  For many years, it seemed almost a truism to state that EU law and the law of international arbitration were two very distinct areas of law that did not intersect. Most believed each area pursued its own course without impacting on the other. However, a series of matters on which the international arbitral regime and the European Union part ways and, indeed, enter into serious conflict have emerged. The papers in The Impact of EU Law, which were initially presented at a conference hosted by NYU’s Center for Transnational Litigation, Arbitration and Commercial Law, show that these areas of law are becoming ever more interconnected and that the impact of EU law on the law of international arbitration can be felt over the course of all stages of an international arbitration, from the pre-award stage to the post-award stage--an influence further exacerbated by the dilemma of arbitral tribunals and national courts when facing conflicting mandates from the law of international arbitration and the law of the European Union. Furthermore, and the contributions in this volume make this abundantly clear, EU law has not only impacted international arbitrations seated in EU Member States, but has also influenced arbitrations seated around the world, a fact that makes The Impact of EU Law required reading for practitioners, arbitrators and all other stakeholders in the arbitration process.

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  International Sales Law

  Franco Ferrari and Clayton P. Gillette

  This authoritative collection presents carefully selected scholarly articles that describe and examine the principles of international sales law, as set forth in the United Nations Convention on Contracts for the International Sale of Goods (CISG). These seminal pieces reflect various viewpoints of authors from different countries and legal systems, and offer a range of distinct methodological approaches to legal analysis. Together with an original introduction by the editors, these volumes provide the reader with both an international and an interdisciplinary perspective on the CISG and its application.

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  Competition Policy for the New Era: Insights from the BRICS Countries

  Eleanor M. Fox, Tembinkosi Bonakele, and Liberty Mncube

  This book presents a new stage in the contributions of the BRICS countries (Brazil, Russia, India, China, and South Africa) to the development of Competition Law and policy. These countries have significant influence in their respective regions and in the world. The changing global environment means greater political and economic role for the BRICS and other emerging countries. BRICS countries are expected to contribute nearly half of all global gross domestic product growth by 2020. For more than a century, the path of Competition Law has been defined by the developed and industrialized countries of the world. Much later, developing countries and emerging economies came on the scene. They experience many of the old competition problems, but they also experience new problems, and experience even the old problems differently. Where are the fora to talk about Competition Law and policy fit for developing and emerging economies? The contributors in this book are well-known academic and practising economists and lawyers from both developed and developing countries. The chapters begin with a brief introduction of the topic, followed by a critical discussion and a conclusion. Accordingly, each chapter is organized around a central argument made by its author(s) in relation to the issue or case study discussed. These arguments are thoughtful, precise, and very different from each another. Each chapter is written to be a valuable freestanding contribution to our collective wisdom. The set of case studies as a whole helps to build a collection of different perspectives on competition policy.

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  Global Issues in Antitrust and Competition Law

  Eleanor M. Fox and Daniel A. Crane

  This up-to-date second edition spans the globe, presenting examples of competition law and analysis from six continents, nationally, regionally and internationally. The book covers competition law and analysis from six continents, presenting materials in a manner that the student (or scholar or practitioner) can understand the roots of the law as well as the roots of divergences among jurisdictions. It covers developed and developing countries, private firm and state restraints, and domestic and global restraints. For cross-border restraints, it covers issues of extraterritoriality, efforts at cooperation and convergence, and theories of global governance. The book covers all of the substantive categories: cartels, other competitor agreements, mergers, vertical agreements, and mergers; and new economy, high tech, and intellectual property issues. Jurisdictions featured include the European Union, China, and South Africa.

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  EU Competition Law: Cases, Texts and Context

  Eleanor M. Fox and Damien Gerard

  This clear and concise textbook presents EU competition law in political, economic and comparative context. It combines excerpts from key EU rulings with discussions of enforcement policy issues and comparisons with US antitrust cases. Untangling the complex set of factors driving individual outcomes, it is the perfect companion for any student or practitioner in the field. Successive chapters explore the tools used by competition authorities in Europe: to punish cartels that fix prices or divide markets; assess cooperative agreements between rival firms and supplier–customer relationships; to establish a dominant position and find abuses; and review the competitive effects of mergers and acquisitions. The book also explains how authorities determine when business restraints infringe on the principles governing the EU internal market, and when Member States contravene the rules protecting the European competition system including by means of subsidies known as State aids. More than a reference tool, this innovative book provides a rounded account of the various dimensions of EU competition law, of its place at the heart of the EU market integration project and of its relevance for the enforcement of antitrust principles worldwide. Key Features: provides a clear, concise and up-to-date presentation of the law; includes important excerpts from all seminal competition decisions and judgements of the European Commission and the EU Courts; explains the critical nuances of cases by means of contextual notes and questions; integrates law, economics and other policies, providing a holistic sense of competition law and its place in the European system; compares EU competition law with US antitrust law, analysing the root of their differences and enabling the reader to derive comparative insights; supports general and advanced EU and international competition law courses.

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  Unwarranted: Policing Without Permission

  Barry Friedman

  In June 2013, documents leaked by Edward Snowden sparked widespread debate about secret government surveillance of Americans. Just over a year later, the shooting of Michael Brown, a black teenager in Ferguson, Missouri, set off protests and triggered concern about militarization of law enforcement and discriminatory policing. In Unwarranted, Barry Friedman argues that these two seemingly disparate events are connected—and that the problem is not so much the policing agencies as it is the rest of us. We allow these agencies to operate in secret and to decide how to police us, rather than calling the shots ourselves. And the courts, which we depended upon to supervise policing, have let us down entirely. Unwarranted tells the stories of ordinary people whose lives were torn apart by policing—by the methods of cops on the beat and those of the FBI and NSA. Driven by technology, policing has changed dramatically. Once, cops sought out bad guys; today, increasingly militarized forces conduct wide surveillance of all of us. Friedman captures the eerie new environment in which CCTV, location tracking, and predictive policing have made suspects of us all, while proliferating SWAT teams and increased use of force have put everyone’s property and lives at risk. Policing falls particularly heavily on minority communities and the poor, but as Unwarranted makes clear, the effects of policing are much broader still. Policing is everyone’s problem. Police play an indispensable role in our society. But our failure to supervise them has left us all in peril. Unwarranted is a critical, timely intervention into debates about policing, a call to take responsibility for governing those who govern us.

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  Governing Medical Knowledge Commons

  Brett Frischmann, Michael Madison, and Katherine J. Strandburg

  Governing Medical Knowledge Commons makes three claims: first, evidence matters to innovation policymaking; second, evidence shows that self-governing knowledge commons support effective innovation without prioritizing traditional intellectual property rights; and third, knowledge commons can succeed in the critical fields of medicine and health. The editors' knowledge commons framework adapts Elinor Ostrom's groundbreaking research on natural resource commons to the distinctive attributes of knowledge and information, providing a systematic means for accumulating evidence about how knowledge commons succeed. The editors' previous volume, Governing Knowledge Commons, demonstrated the framework's power through case studies in a diverse range of areas. Governing Medical Knowledge Commons provides fifteen new case studies of knowledge commons in which researchers, medical professionals, and patients generate, improve, and share innovations, offering readers a practical introduction to the knowledge commons framework and a synthesis of conclusions and lessons. The book is also available as Open Access.

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  Regulation of Lawyers: Statutes and Regulations

  Stephen Gillers, Roy D. Simon, Andrew M. Perlman, and Dana Remus

  Prior edition of Regulation of Lawyers: Statutes and Regulations.

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  Regulation of Lawyers: Statutes and Regulations

  Stephen Gillers, Roy D. Simon, Andrew M. Perlman, and Dana Remus

  Prior edition of Regulation of Lawyers: Statutes and Regulations (Concise ed).

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  The Beginning of Politics: Power in the Biblical Book of Samuel

  Moshe Halbertal and Stephen Holmes

  The book of Samuel is universally acknowledged as one of the supreme achievements of biblical literature. Yet the book’s anonymous author was more than an inspired storyteller. The author was also an uncannily astute observer of political life and the moral compromises and contradictions that the struggle for power inevitably entails. The Beginning of Politics mines the story of Israel’s first two kings to unearth a natural history of power, providing a forceful new reading of what is arguably the first and greatest work of Western political thought. Through stories such as Saul’s madness, David’s murder of Uriah, the rape of Tamar, and the rebellion of Absalom, the author of Samuel deepens our understanding not only of the necessity of sovereign rule but also of its costs—to the people it is intended to protect and to those who wield it. Moshe Halbertal and Stephen Holmes show how these beautifully crafted narratives cut to the core of politics, offering a timely meditation on the dark side of sovereign power and the enduring dilemmas of statecraft.

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  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.

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  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, Tenth 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. Instead of presenting the elements of various crimes in a disjointed fashion, 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.

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  The Anatomy of Corporate Law: A Comparative and Functional Approach

  Reinier Kraakman, John Armour, Paul Davies, Luca Enriques, Henry Hansmann, Gerard Hertig, Klaus Hopt, Hideki Kanda, Mariana Pargendler, Wolf-Georg Ringe, and Edward B. Rock

  This book provides a theoretical framework for the understanding of corporate (or company) law from both a functional and a comparative perspective and illustrates how corporate laws in core jurisdictions (namely, Brazil, the U.S., the UK, France, Germany, Italy, and Japan) conform to that framework. Corporations in all jurisdictions share the same key legal attributes: namely, legal personality, limited liability, delegated management, transferable shares, and investor ownership. Businesses using the corporate form give rise to three basic types of agency problems, namely those between: (1) managers and shareholders as a class; (2) controlling shareholders and minority shareholders; and (3) shareholders as a class and other corporate constituencies, such as corporate creditors and employees. After identifying the common set of legal strategies used to address these agency problems and discussing their interaction with enforcement institutions, the book illustrates how a number of core jurisdictions around the world deploy such strategies. In so doing, it highlights the many commonalities across jurisdictions and reflects on the reasons why they differ on specific issues. The analysis covers the basic governance structure of the corporation, including the powers of the board of directors and the shareholder meeting, both when management and when a dominant shareholder is in control. It then analyses the role of corporate law in shaping labor relationships, the protection of external stakeholders, the relationships with creditors, related-party transactions, fundamental corporate actions such as mergers and charter amendments, takeovers, and the regulation of capital markets.

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  Social Rights Judgements and the Politics of Compliance: Making It Stick

  Malcolm Langford, César Rodríguez-Garavito, and Julieta Rossi

  The past few decades have witnessed an explosion of judgments on social rights around the world. However, we know little about whether these rulings have been implemented. Social Rights Judgments and the Politics of Compliance is the first book to engage in a comparative study of compliance of social rights judgments as well as their broader effects. Covering fourteen different domestic and international jurisdictions, and drawing on multiple disciplines, it finds significant variance in outcomes and reveals both spectacular successes and failures in making social rights a reality on the ground. This variance is strikingly similar to that found in previous studies on civil rights, and the key explanatory factors lie in the political calculus of defendants and the remedial framework. The book also discusses which strategies have enhanced implementation, and focuses on judicial reflexivity, alliance building and social mobilisation.

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  The Law of Governance, Risk Management, and Compliance

  Geoffrey P. Miller

  The second edition of The Law of Governance, Risk Management, and Compliance follows the first edition, as the first casebook focused on the law of governance, risk management, and compliance. Author Geoffrey P. Miller, a highly respected professor of corporate and financial law, brings real world experience to the book as a member of the board of directors and audit and risk committees of a significant banking institution. The book addresses issues of fundamental importance for any regulated organization (the $13 billion settlement between JPMorgan Chase and its regulators is only one of many examples). This book can be a cornerstone for courses on compliance, corporate governance, or on the role of attorneys in managing risk in organizational clients.

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  Legitimacy Issues of the European Union in the Face of Crisis: Dimitris Tsatsos in memoriam

  Lina Papadopoulou, Ingolf Pernice, and Joseph H. H. Weiler

  Given the crises shattering the European Union since several years, from the financial crisis up to the refugee crisis and the vote on Brexit, Euro-scepticism and rejection are growing; a pending crisis of legitimacy compels us to analyse not only causes but also the potentials of enhancing legitimacy. This volume originates from contributions and discussions of two conferences held by the European Constitutional Law Network (ECLN). It reaches from foundational questions of democracy theory, an analysis of the causes of the crises and of the role of the judiciary in coping with the crisis, the protection of fundamental rights of the Union citizens and their better inclusion and participation through digitization, up to concrete reform proposals. A dialogical epilogue of Joseph Weiler with some of the authors strives to stimulate further discussion and reflection, as needed in the coming years if the EU is to overcome the crises and develop further as a democratic Union of citizens. With contributions by Giacinto della Cananea, Tom Eijsbouts, Federico Fabbrini, George Gerapetritis, Anna-Maria Konsta, George Karavokyris, Mattias Kumm, Jean-Victor Louis, Miguel Poiares Maduro, Antonis Manitakis, Ana Maria Guerra Martins, Lina Papadopoulou, Ingolf Pernice, Joseph H. H. Weiler and Jiri Zemánek.

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  Business and Human Rights: Beyond the End of the Beginning

  César Rodríguez-Garavito

  The regulation of business in the global economy poses one of the main challenges for governance, as illustrated by the dynamic scholarly and policy debates about the UN Guiding Principles on Business and Human Rights and a possible international treaty on the matter. This book takes on the conceptual and legal underpinnings of global governance approaches to business and human rights, with an emphasis on the Guiding Principles (GPs) and attention to the current treaty process. Analyses of the GPs have tended to focus on their static dimension, such as the standards they include, rather than on their capacity to change, to push the development of new norms, and practices that might go beyond the initial content of the GPs and improve corporate compliance with human rights. This book engages both the static and dynamic dimensions of the GPs, and considers the issue through the eyes of scholars and practitioners from different parts of the world.

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  Surveillance, Privacy and Transatlantic Relations

  Stephen J. Schulhofer, David D. Cole, and Federico Fabbrini

  Recent revelations, by Edward Snowden and others, of the vast network of government spying enabled by modern technology have raised major concerns both in the European Union and the United States on how to protect privacy in the face of increasing governmental surveillance. This book brings together some of the leading experts in the fields of constitutional law, criminal law and human rights from the US and the EU to examine the protection of privacy in the digital era, as well as the challenges that counter-terrorism cooperation between governments pose to human rights. It examines the state of privacy protections on both sides of the Atlantic, the best mechanisms for preserving privacy, and whether the EU and the US should develop joint transnational mechanisms to protect privacy on a reciprocal basis. As technology enables governments to know more and more about their citizens, and about the citizens of other nations, this volume offers critical perspectives on how best to respond to one of the most challenging developments of the twenty-first century.