Faculty Books & Edited Works

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Taiwan and International Human Rights: A Story of Transformation

Jerome A. Cohen, William P. Alford, and Chang-fa Lo

This book tells a story of Taiwan’s transformation from an authoritarian regime to a democratic system where human rights are protected as required by international human rights treaties. There were difficult times for human rights protection during the martial law era; however, there has also been remarkable transformation progress in human rights protection thereafter. The book reflects the transformation in Taiwan and elaborates whether or not it is facilitated or hampered by its Confucian tradition. There are a number of institutional arrangements, including the Constitutional Court, the Control Yuan, and the yet-to-be-created National Human Rights Commission, which could play or have already played certain key roles in human rights protections. Taiwan’s voluntarily acceptance of human rights treaties through its implementation legislation and through the Constitutional Court’s introduction of such treaties into its constitutional interpretation are also fully expounded in the book. Taiwan’s NGOs are very active and have played critical roles in enhancing human rights practices. In the areas of civil and political rights, difficult human rights issues concerning the death penalty remain unresolved. But regarding the rights and freedoms in the spheres of personal liberty, expression, privacy, and fair trial (including lay participation in criminal trials), there are in-depth discussions on the respective developments in Taiwan that readers will find interesting. In the areas of economic, social, and cultural rights, the focuses of the book are on the achievements as well as the problems in the realization of the rights to health, a clean environment, adequate housing, and food. The protections of vulnerable groups, including indigenous people, women, LGBT (lesbian, gay, bisexual, and transgender) individuals, the disabled, and foreigners in Taiwan, are also the areas where Taiwan has made recognizable achievements, but still encounters problems. The comprehensive coverage of this book should be able to give readers a well-rounded picture of Taiwan’s human rights performance. Readers will find appealing the story of the effort to achieve high standards of human rights protection in a jurisdiction barred from joining international human rights conventions. This book won the American Society of International Law 2021 Certificate of Merit in a Specialized Area of International Law.
Between Impunity and Imperialism: The Regulation of Transnational Bribery

Kevin E. Davis

When people pay bribes to foreign public officials, how should the law respond? This question has been debated ever since the enactment of the U.S. Foreign Corrupt Practices Act of 1977, and some of the key arguments can be traced back to Cicero in the last years of the Roman Republic and Edmund Burke in late eighteenth-century England. In recent years, the U.S. and other members of the OECD have joined forces to make anti-bribery law one of the most prominent sources of liability for firms and individuals who operate across borders. The modern regime is premised on the idea that transnational bribery is a serious problem which invariably merits a vigorous legal response. The shape of that response can be summed up in the phrase "every little bit helps," which in practice means that: prohibitions on bribery should capture a broad range of conduct; enforcement should target as broad a range of actors as possible; sanctions should be as stiff as possible; and as many agencies as possible should be involved in the enforcement process. An important challenge to the OECD paradigm, labelled here the "anti-imperialist critique," accepts that transnational bribery is a serious problem but questions the conventional responses. This book uses a series of high-profile cases to illustrate key elements of transnational bribery law in action, and analyzes the law through the lenses of both the OECD paradigm and the anti-imperialist critique. It ultimately defends a distinctively inclusive and experimentalist approach to transnational bribery law.
Contracts: Cases and Materials

E. Allan Farnsworth, Carol Sanger, Neil B. Cohen, Richard R. W. Brooks, and Larry T. Garvin

This classic casebook, now in its 10th Edition, offers first-year students a solid and inviting introduction to contract law, recognizing both the English and American common law traditions and bringing them into our age of statutes, most particularly the Uniform Commercial Code. Like earlier editions, the 10th Edition features carefully selected cases, well-tailored notes and problems, and authoritative textual discussions of major developments in current contract law. These include the meaning of assent and agreement (with particular focus on the online environment); attention to comparative and international approaches; and accessible discussion of theoretical underpinnings of contract doctrine, the importance of which remain a mainstay of this new edition. The casebook is ecumenical in its outlook, presenting a well-balanced approach that is usable by professors with a wide range of theoretical outlooks and pedagogical styles. Cases are situated within a variety of disciplines—history, economics, philosophy, and ethics—and present the law in a variety of typical settings—commercial, familial, employment, consumer, real estate and so on. The 10th Edition will feel familiar yet fresh to current users and both exciting and comfortable to newcomers. Among the 10th Edition’s updates and revisions: extensive treatment of COVID-19 and contract law, including such areas as formation, unjust enrichment, unconscionability, material adverse change clauses, conditions, specific performance, impracticability, frustration, risk apportionment, and third-party beneficiaries; updated and enhanced materials on electronic contracting; coverage of such recent developments as the 2022 amendments to the Uniform Commercial Code and the Restatement of Consumer Contracts; new cases and comments suitable for discussions of how such topics as race and class affect, and are affected by, contract law; added problems in the casebook and the teaching manual on applications of contract doctrine, in line with upcoming changes to the Multistate Bar Examination.
Private International Law: Contemporary Challenges and Continuing Relevance

Franco Ferrari and Diego P. Fernández Arroyo

Is Private International Law (PIL) still fit to serve its function in today’s global environment? In light of some calls for radical changes to its very foundations, this timely book investigates the ability of PIL to handle contemporary and international problems, and inspires genuine debate on the future of the field. Separated into nine parts, each containing two perspectives on a different issue or challenge, this unique book considers issues such as the certainty vs flexibility of laws, the notion of universal values, the scope of party autonomy, the emerging challenges of extraterritoriality and global governance issues in the context of PIL. Further topics include current developments in forum access, the recognition and enforcement of judgments, foreign law in domestic courts and PIL in international arbitration. This comprehensive work will be of great value to scholars and students working across all areas of PIL. It will also be an important touchstone for practitioners seeking to think creatively about their cases involving conflict of laws and PIL.
Conflict of Laws in International Commercial Arbitration

Franco Ferrari and Stefan Kröll

It is often asserted that conflict of laws rules are not as relevant in the context of international arbitration as they are in that of judicial proceedings. According to some commentators, it is, inter alia, to avoid the complicated conflict of laws methodology that parties opt for international arbitration, since they assume that arbitral tribunals do not apply conflict of laws rules. As recent case law from a number of jurisdictions shows, the assumptions behind these assertions is incorrect. This book addresses some of the most important conflicts of laws problems that may arise in connection with the various stages of arbitral proceedings.
Inherent Powers of Arbitrators

Franco Ferrari and Friedrich Rosenfeld

Arbitrators derive their powers from an agreement between contracting parties or the law of the place of arbitration. However, because even the most complete arbitration agreements, arbitration rules or laws cannot cover every situation an arbitrator may face in carrying out his or her duties, arbitrators increasingly have exercised powers not expressly conferred by these two sources. These powers are usually referred to as “implied” or “inherent.” The concept of such powers has allowed tribunals to arrive at unprecedented decisions on such matters as security for costs, disclosure of third-party funders, motions for reconsideration, even as there has been a contrary shift towards more elaborate rules of adjudication, more codes of conduct for decision-makers and a higher level of scrutiny of decisions. The tension between these tendencies illuminates the complexity of a question that extends to the heart of the arbitrator’s very ability to act and the fate of the arbitral award. Deepened by the commentary of Prof. Diego P. Fernandez Arroyo, Inherent Powers of Arbitrators offers multiple perspectives on this important debate and valuable insight into these diverging trends.
Making Markets Work for Africa: Markets, Development, and Competition Law in Sub-Saharan Africa

Eleanor M. Fox and Mor Bakhoum

This book focuses on market law and policy in sub-Saharan Africa, showing how markets can be harnessed by poorer and developing economies to help make the markets work for them: to help them integrate into the world economy and provide a better standard of living for their people while preserving their values of inclusive development. It explores uses of power both by dominant firms, often multinationals, and incumbent governments and cronies, to ring-fence their market positions and deprive rivals - often the indigenous people - from fair access to markets and highlights how competition authorities are pushing back and winning fair access, lowering prices of goods and services especially for the poorer population. The book also examines the next level up - regionalism - and provides the facts that show how regionalism has so far failed to meet its promise of freeing markets from cross-border restraints by large firms that operate across national borders. On the more technical side, the book takes a deep look at the competition policies of sets of nations in sub-Saharan Africa - West, South-eastern, and South. It examines the performance of the competition authorities of particular nations, including how they handle cartels, monopolies and mergers; their standards of illegality, and their methodologies for incorporating public interest values into their analyses. Observing the good works by a number of the national competition authorities, the book is optimistic about the role of the national competition authorities in protecting the people from abuses of economic power, and, perhaps in the future, the role of regional authorities and less formal networks in promoting an African voice in defence of competition. Making Markets Work for Africa describes markets, market power, and the law that controls market power in countries in sub-Saharan Africa, and how that power can be controlled, in clear language and compelling narrative that combines law, economics, and social and political policy; gives clarity to a complicated subject by presenting the facts, the legal concepts, and the economic and socio-political concepts; integrates subject areas usually dealt with separately, including antitrust (competition law), market policy in general, trade and investment, relevance of poverty and inequality; and presents a clear layout with maps, charts and graphs.
Regulation of Lawyers: Statutes and Regulations

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

Statutory supplement for the rules regulating the behavior of lawyers and judges.
Regulation of Lawyers: Statutes and Regulations

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

Statutory supplement for the rules regulating the behavior of lawyers and judges. Concise edition.
Estate and Gift Taxation

Brant J. Hellwig and Robert T. Danforth

Estate and Gift Taxation, now in its third edition, provides teaching materials for a course on the U.S. transfer tax system as it exists following enactment of the Tax Cuts and Jobs Act of 2017. The text opens with an overview of the federal transfer tax regime, one intended to introduce students to the basic structures of the estate tax, gift tax, and generation-skipping transfer (GST) tax. After this introduction, the text proceeds to examine the estate tax and gift tax bases primarily in a context-specific (e.g., life insurance, retained-interest transfers, marital transfers) manner, and the majority of the text is devoted to these topics. The text then transitions to a discussion of the GST tax base and allocation of the GST tax exemption, followed by a discussion of the special valuation rules under Chapter 14 (apart from § 2702, which is addressed earlier in the context of retained-interest transfers). The text closes with a chapter devoted to the application of the U.S. transfer tax regime in the international setting. The text differs considerably from the traditional casebook format. Critical passages of important cases or rulings generally are limited to excerpts in the overview, and edited opinions of seminal decisions appear on only a handful of occasions. Each chapter closes with a set of sophisticated, practice-oriented problems that require students to spot and resolve issues that would be encountered in an estate planning practice. The text is structured through 26 discrete chapters, and the chapter headings supply a reasonable course syllabus. While some of the longer or more complicated chapters may require two class sessions, most chapters are intended to be covered in a single class. In addition to incorporating the most recent legislative developments, the third edition discusses the major cases and rulings that have been decided since publication of the second edition.
Understanding Estate and Gift Taxation

Brant J. Hellwig and Robert T. Danforth

Understanding Estate and Gift Taxation is designed primarily for use by law students taking a course on the United States transfer tax system, i.e., a course on the estate, gift, and generation-skipping transfer taxes. The book consists of 26 chapters, each addressing one of the basic topics typically covered in a course on the transfer tax system, including the computation of estate, gift, and generation-skipping transfer taxes; the gift tax annual exclusion; the estate and gift tax marital deductions; and the estate and gift tax implications of transfers with retained powers or interests. Because the Internal Revenue Code and Treasury Regulations are the primary source materials for the transfer tax system, the book includes numerous excerpts of those provisions. Each chapter also includes summaries of the leading cases and IRS rulings, plus examples of how this area of the law applies to common fact patterns. Understanding Estate and Gift Taxation is designed primarily for law students, but it is also intended to be useful to practitioners, including generalists who need a relatively brief summary of an estate and gift tax topic, beginning lawyers who intend to specialize in estate and gift taxation and estate planning, and experienced lawyers who wish to expand their practices into estate and gift taxation and estate planning. The book similarly would be useful to accountants who practice in these areas.
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.
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.
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.
The Light That Failed: A Reckoning

Iwan Krastew 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 there but also back in the heartland of the West. In this brilliant work of political history, Ivan Krastev and Stephen Holmes argue that the supposed end of Communism turned out to be only the beginning of the age of the autocrat. 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 Orba´n’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 the fall of the Western ideal.
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.
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.
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.
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.
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.
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.
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.”
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.
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.”
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.