Faculty Books & Edited Works

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  Fundamentals of Business Enterprise Taxation: Cases and Materials

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

  Offered as an alternative to the authors’ widely used separate texts on corporate and partnership tax, the Sixth Edition of this comprehensive casebook continues its tradition of providing an integrated approach to teaching the “fundamentals” of a highly complex subject with clear and engaging explanatory text, skillfully drafted problems, selective discussion of tax policy issues, and a rich mix of original source materials to accompany the Code and regulations. Important highlights of the Sixth Edition include: Coverage of all significant C corporation and partnership developments since the last edition, including the impact of the now permanent higher marginal individual tax rates and the 3.8% net investment income tax; new legislation blocking tax-free spin-offs of REITs; final regulations on § 336(e) elections, Type F reorganizations, noncompensatory options, and partnership allocations where interests change during the year; and new proposed regulations on § 355 corporate divisions, partnership liabilities, § 751(b) disproportionate distributions, and disguised payments for services as applied to investment management fee waivers and similar strategies to convert ordinary income to capital gain. Updated and reorganized discussion of the continuity of proprietary interest doctrine in tax-free reorganizations. Integrated materials related to compensating the service partner in a new and fully updated self-standing chapter. Shorter separate chapters on partnership allocations, allocation of partnership liabilities, income-shifting safeguards, partner-partnership property transactions, liquidating distributions, and partnership terminations and mergers. A new case (Canal Corporation v. Commissioner) illustrating a successful IRS attack on the debt-financed distribution gain deferral strategy. Updated discussion of business enterprise tax policy issues, including a new overview of issues affecting U.S. multinational corporations, the latest prospects and options for comprehensive tax reform, and the ongoing debate on taxing partnership “carried interests.” A completely updated chapter on S corporations, incorporating temporary Code provisions made permanent and final regulations on the basis of indebtedness of S corporations to their shareholders, and expanded coverage of employment tax issues affecting S corporation owners who are active in the business.

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  Fundamentals of Partnership Taxation: Cases and Materials

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

  The Tenth 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 mix of original source materials to accompany the Code and regulations. Important highlights of the Tenth Edition include: Coverage of all significant developments since the last edition, including the impact on choice of business entity of the now permanent higher marginal individual tax rates and the 3.8% tax on net investment income tax; final regulations on noncompensatory options and partnership allocations where interests change during the year; and new proposed regulations on partnership liabilities, § 751(b) disproportionate distributions, and disguised payments for services as applied to investment management fee waivers and similar strategies to convert ordinary income to capital gain. Reorganized and integrated materials related to compensating the service partner in a new and fully updated self-standing chapter. Shorter separate chapters on partnership allocations, allocation of partnership liabilities, income-shifting safeguards, partner-partnership property transactions, liquidating distributions, and partnership terminations and mergers. Updated discussion of tax policy issues affecting partnerships, including prospects and options for business tax reform and the continuing debate on taxing "carried interests." A new case (Canal Corporation v. Commissioner) illustrating a successful IRS attack on the debt-financed distribution gain deferral strategy. S corporation developments, including temporary Code provisions made permanent; final regulations on the basis of indebtedness of S corporations to their shareholders; and expanded coverage of employment tax issues affecting S corporation owners who are active in the business.

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  Recognition and Enforcement of Foreign Judgments

  Linda J. Silberman and Franco Ferrari

  This Research Collection offers a 24-article tour of the topics surrounding the recognition and enforcement of foreign judgments. Edited by two leading experts in the field, the collection explores different approaches to, and comparative perspectives of, judgment recognition and enforcement. Topics covered include the special issues of the revenue rule and the role of public law, the effects of fraud, the scope of preclusion, and the impact of class actions. The collection also looks to the future, considering possible solutions to harmonizing recognition and enforcement and assessing how the development of human rights may impact judgement recognition and enforcement. Prefaced by an original and informative introduction by the editors, this collection is an essential resource for those studying, researching or practicing in this area.

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  Civil Procedure: Theory and Practice

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

  The Fifth Edition introduces Daimler AG v. Bauman, the Supreme Court’s paradigm-shifting decision on general jurisdiction, and Chapter 2 is substantially revised and reorganized to accommodate the impact of Daimler, which is now the principal case in the general jurisdiction section. The notes that follow highlight and explore some of the important questions in the aftermath of that decision. Chapter 3 has been trimmed to some extent and some details of the diversity jurisdiction are now explained in text rather than through principal cases. Throughout both chapters, we build on the robust treatment of doctrine and theory that has always been the book’s organizing principle. Chapter 5 introduces a new principal case for Rule 11, Christian v. Mattel, Inc., which offers a more recent and factually rich dispute for examination of that provision. The Fifth Edition also include substantial updates to class action doctrine in Chapter 8, foregrounding Wal-Mart Stores v. Dukes and exploring developments in the standards for class certification in the aftermath of that major ruling while restructuring and streamlining the chapter to make room for the new materials. Chapter 10 presents AT&T Mobility v. Concepcion as a principal case and explores recent developments in the Court’s interpretation of the Federal Arbitration Act including a substantial treatment of American Express v. Italian Colors. And the Fifth Edition continues to provide an up-to-date comparative and international perspective in discrete, concise sections that adopters can assign or not as befits their approach to the course.

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  One Another's Equals: The Basis of Human Equality

  Jeremy Waldron

  An enduring theme of Western philosophy is that we are all one another's equals. Yet the principle of basic equality is woefully under-explored in modern moral and political philosophy. In a major new work, Jeremy Waldron attempts to remedy that shortfall with a subtle and multifaceted account of the basis for the West's commitment to human equality. What does it mean to say we are all one another's equals? Is this supposed to distinguish humans from other animals? What is human equality based on? Is it a religious idea, or a matter of human rights? Is there some essential feature that all human beings have in common? Waldron argues that there is no single characteristic that serves as the basis of equality. He says the case for moral equality rests on four capacities that all humans have the potential to possess in some degree: reason, autonomy, moral agency, and ability to love. But how should we regard the differences that people display on these various dimensions? And what are we to say about those who suffer from profound disability--people whose claim to humanity seems to outstrip any particular capacities they have along these lines? Waldron, who has worked on the nature of equality for many years, confronts these questions and others fully and unflinchingly. Based on the Gifford Lectures he delivered at the University of Edinburgh in 2015, One Another's Equals takes Waldron's thinking further and deeper than ever before.

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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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  Trademarks, Unfair Competition, and Business Torts

  Barton C. Beebe, Thomas F. Cotter, Mark A. Lemley, Peter S. Menell, and Robert P. Merges

  Incorporating seminal and cutting-edge cases and materials, this stellar author team delivers broad coverage of trademarks, unfair competition, and business torts that includes detailed attention to the role of technology, along with practice problems that encourage students to think like practitioners. Ideal for courses on Trademark Law, Unfair Competition, or Business Torts, this casebook features: a broad examination of current trademark and unfair competition law; outstanding coverage of false advertising law; extensive treatment of the “hot news” doctrine (misappropriation), including the most recent cases; a thoughtful survey of business torts, including cases that address tortious interference, trade libel, and related torts such as RICO; dynamic pedagogy that spans cutting-edge cases and materials, notes, questions, and hands-on practice problems.

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  Cases and Materials on Torts

  Richard A. Epstein and Catherine M. Sharkey

  This top tier casebook integrates modern scholarship with historical background to provide a sense of the development of tort law. The thoughtful presentation engages students by examining different intellectual approaches used to interpret law. The 11th edition of Cases and Materials on Torts carries many successful features from earlier editions, including extensive historical materials on the evolution of tort law, an expanded treatment of public nuisance law, recent developments in products liability law, expansion of the materials on various types of injuries in damage cases, and heavier emphasis on web-based communications under the law of defamation and privacy. Key Features: updated two-color design; new Restatement boxes that highlight the law for easy reference; condensation of basic material, including a combination of the insurance contract and no fault insurance issues into a single chapter; Introduction of new visual materials in each chapter, including pictures charts, cartoons, and biographical sketches of key figures in tort law, as an assist to the case and other materials.

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  Labor Law

  Samuel Estreicher and Matthew T. Bodie

  Appreciating the challenges the system faces in an era of declining unionization rates in private firms and rising competitive forces in labor markets, this one-volume, concise treatise gives students an appreciation of the analytical structure of the law that governs how employees can form workplace organizations and bargain over the terms and conditions of employment. New forms of labor organizing, such as the corporate campaign, card check/neutrality agreements, and worker centers are highlighted. The book is designed to complement leading labor law case books, including discussion of principal decisions featured in those texts, as well as providing both a policy and practical context for what remains a dynamic area of law and social justice

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  Cases and Materials on Employment Discrimination and Employment Law: The Field as Practiced

  Samuel Estreicher, Michael C. Harper, and Elizabeth C. Tippett

  This text is the fifth edition of a work that grew out of our initial text, Cases and Materials on the Law Governing the Employment Relationship. We are also publishing this year a new edition of our shorter texts on employment discrimination law, and employment law respectively. The book captures the breadth of expertise demanded of practitioners in our field. While employment lawyers can and do specialize, a working knowledge of the field is as critical for defense lawyers counseling an employer as it is for plaintiff’s lawyers evaluating a case. An employer inquiring about an employee discipline issue may implicate discrimination and retaliation-related liability. A plaintiff complaining about discriminatory treatment may have a weak Title VII claim but an excellent wage and hour claim. Students exposed to the breadth of the field are best positioned to issue spot from a complex fact pattern, and educate their future clients about available options. The book also provides considerable flexibility for instructors planning to sample from many different topics, emphasize topics reflecting their area of specialty, or focus on issues most heavily litigated in their jurisdiction. The book also supports intensive courses and courses that extend across multiple semesters. The teaching website accompanying the firth edition offers several options for tailoring the course to suit your needs. The notes and questions that follow the principal reading are organized into two categories: “Test Your Understanding of the Material” and “Related Issues.” The former encourage students to gain a basic understanding of the material on their own, liberating instructors to spend more class time on rule applications and advanced topics. The “Related Issues” notes explain important points of law not covered in the principle cases and explore policy questions and debates. The note material is intended primarily as a teaching tool rather than as a vehicle for expressing our particular viewpoints. In this text, as well as in earlier editions, we have not tried to reach complete consensus concerning the wording and the balance of each of our notes. We also hope to entice students to join this exciting area of practice through the “Practitioner Perspectives” interspersed through the book. Each one provides a glimpse into the day-to-day practice of leading practitioners in our field, and their area of sub-specialization.

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  Cases and Materials on Employment Law: The Field as Practiced

  Samuel Estreicher, Michael C. Harper, and Elizabeth C. Tippett

  Coauthored by two reporters from the recently released Restatement on Employment Law and Professor Tippett from the University of Oregon, this casebook covers topics of critical interest to future practitioners. It introduces the concept of employment-at-will, and contractual and tort-based exceptions. It provides an overview of employment discrimination law. This casebook also includes a major chapter on wage and hour law, as well as chapters on workplace injuries and employee benefits. A chapter on privacy reflects recent legislative initiatives at the state level and an analysis of electronic intrusions by the employer. Interspersed throughout are excerpts from the Restatement of Employment Law and “Practitioner Perspectives,” in which leading practitioners describe their day-to-day work and area of specialization. Cases are accompanied by notes that test a student’s basic understanding of the material (labeled “Test Your Understanding of the Material”), as well as informative notes providing context.

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  Beyond Elite Law: Access to Civil Justice in America

  Samuel Estreicher and Joy Radice

  Are Americans making under $50,000 a year compelled to navigate the legal system on their own, or do they simply give up because they cannot afford lawyers? We know anecdotally that Americans of median or lower income generally do without legal representation or resort to a sector of the legal profession that - because of the sheer volume of claims, inadequate training, and other causes - provides deficient representation and advice. This book poses the question: can we - at the current level of resources, both public and private - better address the legal needs of all Americans? Leading judges, researchers, and activists discuss the role of technology, pro bono services, bar association resources, affordable solo and small firm fees, public service internships, and law student and nonlawyer representation. Offers a systematic analysis of the lack of legal representation for middle- and low-income Americans. The literature review provides essential context for students, researchers, and practitioners. Describes current reforms and outlines a realistic agenda for access to justice challenges.

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  The World Bank Legal Review

  Frank Fariello, Laurence Boisson de Chazournes, and Kevin E. Davis

  The newly adopted post-2015 development agenda is centered on 17 sustainable development goals to be reached by 2030. This volume of The World Bank Legal Review looks at how law and justice systems can support the financing and implementation of these goals, not least by promoting the role of rule of law and economic and social rights. The contributors, including legal scholars, development practitioners, and financial experts, analyze the goals, explore ways in which they can be achieved, and examine ways that recent relevant law and justice programs have worked. A wide array of topics are covered, from the legal aspects of collecting and monitoring vital data, to improving legal identity programs, creating innovative health care regulation, promoting legal and judicial reform, providing private sector-financing of public-education projects, and the provision of global public goods. Additionally, a special section on Europe looks at financial crisis management, enforcement of court decisions, and the workings of the European Court of Justice. The opportunities and challenges of the 2030 agenda are many. This volume looks at both from multiple perspectives, demonstrating how sustainable development can go forward in a way in which everyone benefits.

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  Limits to Party Autonomy in International Commercial Arbitration

  Franco Ferrari

  Courts and commentators have often stated that in arbitration “party autonomy is everything.” In effect, where the adjudicative power does not rest on party autonomy, there is no arbitration. But the papers published in this book, which were presented at a conference hosted by NYU’s Center for Transnational Litigation, Arbitration and Commercial Law that took place in September 2015, show that while party autonomy may trigger everything, meaning the steps necessary for one to be able to speak of arbitration, it is not itself everything. Party autonomy is limited, as the papers published here clearly show. As soon as the arbitration proceedings are initiated, the parties lose at least part of their autonomy, and the issue arises of who really owns the arbitration proceedings. The further the arbitration proceeds, the more limits party autonomy encounters.

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  Antitrust in Emerging and Developing Countries: Featuring Africa, Brazil, China, India, Mexico . . .

  Harry First, Eleanor M. Fox, Nicolas Charbit, and Elisa Ramundo

  On October 23, 2015, Concurrences Journal in partnership with New York University School of Law presented for the second time the conference, “Antitrust in Emerging and Developing Countries.” Five panels of 24 prominent speakers representing 10 jurisdictions, two eminent keynote speakers and a closing conversation with an influential South African jurist explored the economic context and addressed the challenges and developments in competition law and policy in emerging and developing jurisdictions. Recognizing the coming of age of developing countries’ competition law systems, the panelists (academics, enforcers and practicing lawyers) engaged in passionate debates about what this means in law, policy, and on-the ground reality for business, consumers, and the world. The conference underscores the reality that, in this globalized business landscape, rms must have regard to the competition laws of emerging economies, including in particular China, India, Mexico, Brazil and South Africa, whether they are merging, collaborating with competitors, or designing distribution systems. Businesses are facing dedicated enforcers who are trying to make their markets work in the face of challenges posed by public and private power. The conference revealed that the challenges and therefore the responses are not always the same in the developed and developing world. In this book, 20 prominent authors offer 13 contributions that tackle some of the most stimulating topics debated during this one-day event: Susan Ning discusses the enforcement of the Chinese Anti-Monopoly Law against state administrative monopolies; Jonathan Orszag lays out principles to guide governments from developing countries when intervening in the market and in network industries; Kirti Gupta provides an overview of the Indian experience in dealing with issues relating to FRAND patents; Aditya Bhattacharjea and Fiyanshu Sindhwani analyze the antitrust cases concerning pharmaceuticals in India; Thomas K. Cheng discusses the history of the pharmaceutical industry in China and suggests there may be future antitrust issues that the Chinese authorities will have to address; Carlos Mena-Labarthe uses the Mexican experience in enforcing competition law in the pharmaceutical sector to provide guidance to developing countries on how to implement effective competition policy in that sector; George S. Cary, Elaine Ewing and Tara Tavernia relay the concerns of the business community by arguing that the global proliferation of merger control regimes is imposing substantial and often unnecessary costs on businesses; D.M. Davis provides an illuminating discussion of South Africa’s controversial public interest approach to merger review; Samir Gandhi lays out the history of merger control in India and interestingly suggests that it may be have been influenced by India’s industrial policy; J. Mark Gidley and Maxwell J. Hyman intriguingly use insights from institutional economics to argue that one of the indirect benefits from the proliferation of antitrust based on international best practices is the distillation of due process norms in the legal institutions of developing countries, which ultimately leads to a stronger economy; Francis Wang’ombe Kariuki and Simon Roberts discuss the historical growth of the Competition Authority of Kenya and how it has contributed to Kenya’s development goals; Mariana Tavares de Araujo analyzes how Brazil has incorporated international best practices to improve its competition law; and lastly, Timothy T. Hughes, Russell W. Damtoft and Randolph W. Tritell provide an historical overview of the US Federal Trade Commission’s technical assistance program and highlight how it has contributed to the economic development of developing countries. This volume guides readers through some of the most important and cutting-edge issues faced by developing countries in their application of antitrust. The editors would like to give their sincere thanks to the 20 authors for their hours of labor dedicated to this unique collection of articles.

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  Tort Law and Alternatives: Cases and Materials

  Marc A. Franklin, Robert L. Rabin, Michael D. Green, and Mark A. Geistfeld

  We continue our practice of sifting through new developments and cases and incorporating them into this new edition. Tort law remains a dynamic area, and we enjoy the challenge of addressing emerging issues and incorporating them into the structure of this text. As in the past, we have added substantial new material, sometimes because it reflects recent developments, but in other instances because we think that the new material offers a better pedagogical approach to understanding the current state of tort law and alternative system. In a number of respects, our revisions reflect the feedback we have received from the many users who have reached out to us. We are grateful to those who have communicated these helpful suggestions to us and welcome future comments. We have added new principal cases, dozens of recent cases and other materials to the notes, while at the same time endeavoring to keep the number of notes manageable. Long-time users will notice that we have condensed and, in some cases, eliminated notes that appeared in the Ninth Edition. Organizationally, we have divided the causation materials into separate chapters on factual causation and proximate cause (scope of liability). We have also reorganized the previous chapter on trespass and nuisance, so that nuisance (private and public) is a stand-alone chapter, and trespass to land and property appears in the chapter on intentional harm. These are some of the highlights of the changes in the new edition. At the same time, we have attempted to integrate these new developments with the landmark cases and doctrinal principles that give torts its distinctive character. We look forward to continue hearing from users with suggestions about how we can best meet their pedagogical goals and needs in the future.

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  Open Book: The Inside Track to Law School Success

  Barry Friedman and John C.P. Goldberg

  Open Book: The Inside Track to Law School Success, 2E is a book that every JD and LLM law student needs to read, either before classes start or as they get going in their 1L year. Now in an expanded second edition, the book explains in a clear and easygoing, conversational manner what law professors expect from their students both in classes and exams. The authors, award-winning teachers with a wealth of classroom experience, give students an inside look at law school by explaining how, despite appearances to the contrary, classes connect to exams and exams connect to the practice of law. Open Book introduces them to the basic structure of our legal system and to the distinctive features of legal reasoning. To prepare students for exams, the book explains in clear and careful detail what exams are designed to test. It then devotes a single, clearly written chapter to each step of the process of answering exams. It also contains a wealth of material, both in the book and digitally, on preparing for exams. Finally, and perhaps most importantly, Open Book comes with a free suite of 18 actual law school exams in Civil Procedure, Constitutional Law, Contracts, Criminal Law, Property and Torts, written and administered by law professors. These exams include not only questions, but: (1) annotations from the professors explaining what they were looking for; (2) model answers written by the professors themselves; and (3) actual student answers, with professor comments that explain why certain answers were stronger of weaker. As Open Book explains, there is no better way to prepare for exams than by practicing, and these unique materials will enable students to get the most out of their pre-exam practice.

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  The Welfare State: A Very Short Introduction

  David W. Garland

  Welfare states vary across nations and change over time. And the balance between markets and government; free enterprise and social protection is perennially in question. But all developed societies have welfare states of one kind or another - they are a fundamental dimension of modern government. And even after decades of free-market criticism and reform, their core institutions have proven resilient and popular. This Very Short Introduction describes the modern welfare state, explaining its historical and contemporary significance and arguing that far from being 'a failure' or 'a problem', welfare states are an essential element of contemporary capitalism, and a vital concomitant of democratic government. In this accessible and entertaining account, David Garland cuts through the fog of misunderstandings to explain in clear and simple terms, what welfare states are, how they work, and why they matter.

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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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  Advanced Introduction to International Sales Law

  Clayton P. Gillette

  Providing a concise overview of the basic doctrines underlying the UN Convention on Contracts for the International Sale of Goods (CISG), Clayton Gillette explores their ambiguities and thus considers the extent to which uniform international commercial law is possible, as well as appraising the extent to which the doctrines in the UN Convention reflect those that commercial parties would prefer. With its compelling combination of doctrine and theory, this book makes an ideal companion for students and legal scholars alike. Key features include: concise and compact overview of the CISG; includes contemporary developments; provides a theoretical basis for evaluating international sales law; considers perspectives of economic analysis of law.

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  Sales Law: Domestic and International

  Clayton P. Gillette and Steven D. Walt

  Authoritative coverage describes and analyzes the law of sales under Article 2 of the Uniform Commercial Code, as well as under the United Nations Convention on Contracts for the International Sale of Goods. Text provides the framework for sales and governing law, contract formation, implied terms, formal requirements, performance, and risk of loss. Also covers remedies, the rights to goods, and documentary sales.

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  The UN Convention on Contracts for the International Sale of Goods: Theory and Practice

  Clayton P. Gillette and Steven D. Walt

  Updated and expanded for the second edition, this volume provides attorneys, academics and students with a detailed yet accessible overview of the United Nations Convention on Contracts for the International Sale of Goods (CISG). Adopted by more than eighty nations and governing a significant portion of international sales, the CISG regulates contract formation, performance, risk of loss, conformity to contractual requirements and remedies for breach. This volume explains the CISG doctrines and their ambiguities, and appraises the extent to which the doctrines reduce transaction costs for commercial actors. Its topic-based approach will be ideal for those pursuing academic analysis or subject-specific research.

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  Global Intelligence Oversight: Governing Security in the Twenty-First Century

  Zachary K. Goldman and Samuel J. Rascoff

  In a world that is increasingly unstable, intelligence services like the American CIA and the United Kingdom's MI6 exist to deliver security. Whether the challenge involves terrorism, cyber-security, or the renewed specter of great power conflict, intelligence agencies mitigate threats and provide decisional advantage to national leaders. But empowered intelligence services require adequate supervision and oversight, which must be about more than the narrow (if still precarious) task of ensuring the legality of covert operations and surveillance activities. Global Intelligence Oversight is a comparative investigation of how democratic countries can govern their intelligence services so that they are effective, but operate within frameworks that are acceptable to their people in an interconnected world. The book demonstrates how the institutions that oversee intelligence agencies participate in the protection of national security while safeguarding civil liberties, balancing among competing national interests, and building public trust in inherently secret activities. It does so by analyzing the role of courts and independent oversight bodies as they operate in countries with robust constitutional frameworks and powerful intelligence services. The book also illuminates a new transnational oversight dynamic that is shaping and constraining security services in new ways. It describes how global technology companies and litigation in transnational forums constitute a new form of oversight whose contours are still undefined. As rapid changes in technology bring the world closer together, these forces will complement their more traditional counterparts in ensuring that intelligence activities remain effective, legitimate, and sustainable. Global Intelligence Oversight Identifies new dynamics shaping the oversight of intelligence agencies; describes the main elements of the intelligence oversight system in select Western Democracies; offers new ways to think about both the purposes of oversight and the institutions involved in it; provides detailed analyses of key oversight institutions, especially the courts; focuses on the strengths and weaknesses of various institutions involved in the oversight of intelligence agencies.

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  The Law of Democracy: Legal Structure of the Political Process

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

  This book created the field of the law of democracy, offering a systematic account of the legal construction of American democracy. This edition is the most significant revision in a decade. With the addition of Nathaniel Persily, the book now turns to a changed legal environment following such blockbuster Supreme Court decisions as Citizens United and Shelby County. This edition streamlines the coverage of the Voting Rights Act, expands the scope of coverage of campaign finance and political corruption issues, and turns to the new dispute over voter access to the ballot. The basic structure of the book continues to follow the historical development of the individual right to vote; current struggles over gerrymandering; the relationship of the state to political parties; the constitutional and policy issues surrounding campaign-finance reform; and the tension between majority rule and fair representation of minorities in democratic bodies.