Faculty Books & Edited Works

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Research Handbook on Corporate Crime and Financial Misdealing

Jennifer H. Arlen

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

Laura E. Cunningham and Noël B. Cunningham

Prior edition of The Logic of the Transfer Taxes: A Guide to the Federal Taxation of Wealth Transfers.
Framing Intellectual Property Law in the 21st Century: Integrating Incentives, Trade, Development, Culture, and Human Rights

Rochelle C. Dreyfuss and Elizabeth Siew-Kuan Ng

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

Rochelle C. Dreyfuss and Justine Pila

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

Harry T. Edwards and Linda A. Elliott

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

Franco Ferrari and Giuditta Cordero-Moss

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

Franco Ferrari and Marco Torsello

Knowing about the United Nations Convention on Contracts for the International Sale of Goods (CISG) means to know about the law relating to international import/export contracts applicable to more than ¾ of world trade. This book provides a valuable guide to the understanding of both the fundamentals of that law and how it is interpreted in various countries, thus making it a helpful tool not only for students but also for practitioners.
Civil Procedure: Cases and Materials

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

This Compact Twelfth Edition is designed to meet the needs of those teaching Civil Procedure courses shorter than the traditional assignment of three hours for each of two semesters. It responds to suggestions and requests that a book of this type be made available. The authors continue to believe that the larger Twelfth Edition will prove advantageous for many teachers who have shorter courses of four or even three hours because it provide the maximum flexibility in terms of an individual classroom’s coverage, depth, sensibility, and emphasis. With that in mind, we have included material in the Compact Twelfth Edition that expands the range of choices available to you. The Compact Twelfth Edition offers an up-to-date and accessible approach to the study of Civil Procedure. Students tend to find Civil Procedure the most mysterious of their law school courses. Our goal is to present the material in a clear and simple environment, yet one that challenges and stimulates the student toward increasing critical understanding. This revised edition reflects up-to-date amendments to the Federal Rules of Civil Procedure, as well las the latest Supreme Court cases involving subject-matter jurisdiction, personal jurisdiction, and other topics pertinent to the first-year course. This edition addresses not simply doctrinal change, but also the still uncertain effects of new technology, globalism, and privatization on the system of civil justice. The edition also responds to the many helpful comments from judges, practitioners, colleagues, and students at the large number of schools in which earlier editions have been used. Our conversations confirm our own conclusion that the book is and will continue to be a highly successful teaching tool, and we have preserved in this compact edition the basic format of the prior edition. Along with traditional material, we include contemporary cases in which the facts are interesting, in which the conflicting policies seem to be in a state of equilibrium or in which the context has extrinsic fascination, rather than materials that offer a tight monograph on various aspects of procedure. As has been the practice with all of the past editions, this Compact Twelfth Edition offers substantial emphasis on the operation of the Federal Rules and draws comparisons with state and international practice. The materials in this volume refer to and are augmented by a Supplement, which contains not only the federal statutes and rules governing procedure, but also selected state provisions for comparison. A number of other materials, such as Advisory Committee notes, proposed rule alterations, and local court rules, are also included. The Supplement contains a litigation timechart and an illustrative litigation problem, showing how a case develops in practice and sample of the documents that actually might have formed a portion of the record. These sample are not designed as models to be emulated. To the contrary, they often contain defects intended to encourage students to criticize them in light of knowledge they have obtained from the cases and classroom discussion. The Supplement also include complaints from two principal cases and one note case. The cases and excerpts from other materials have been edited carefully in order to shorten them and clarify issues for discussion. With regard to footnotes, the same numbering appears in the casebook as appears in the original sources; our footnotes are indicated by letters. Our omissions are indicated with asterisks, and where there might be any ambiguity, we provide clarifying information in a footnote.
Civil Procedure: Cases and Materials

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

The Twelfth Edition offers an up-to-date and accessible approach to the study of Civil Procedure. Students tend to find Civil Procedure the most mysterious of their law school courses. Our goal in this edition is to present the material in a clear and engaging manner that also is challenging and rigorous. Because courses in Civil Procedure vary greatly as to the hours allotted, the extent to which they are mandatory or optional, and the law school year or years when students are expected to enroll in them, we have designed this edition for maximum flexibility in terms of an individual classroom’s coverage, depth, sensibility, and emphasis. The revised edition reflects up-to-date amendments to the Federal Rules of Civil Procedure and covers important new Supreme Court cases on personal jurisdiction, federal jurisdiction, and other topics relevant to the first-year course. The edition addresses not simply doctrinal change, but also the still uncertain effects of new technology, globalism, and privatization on the system of civil justice. The edition also responds to the many helpful comments from judges, practitioners, colleagues, and students at the large number of schools in which earlier editions have been used. Our conversations confirm our own conclusion that the book is and continues to be a highly successful teaching tool, and we have preserved the basic format and much of the material from the Eleventh Edition. In our view, many older cases continue to serve as excellent teaching vehicles because of their length, focus, or open-ended nature. Where we have deleted earlier material, our preference has been to substitute contemporary cases in which the facts are interesting, in which the conflicting policies seem to be in a state of equilibrium, or in which the context has extrinsic fascination, rather than materials that offer a tight monograph various aspects of procedure. In additions, we have streamlined and synthesized some earlier notes and cases to make room for cutting-edge issues and to allow the students to self-assess and to engage in strategic thinking. The Twelfth Edition, like its predecessors, places substantial emphasis on the operation of the Federal Rules of Civil Procedure, but also includes state and foreign examples to enable a comparative approach. The materials in this volume refer to and are augmented by a Supplement, which contains not only the federal statutes and rules governing procedure, but also selected state provisions for comparison. A number of other materials, such as Advisory Committee notes, proposed rule alterations, and local court rules, also are included. The Supplement contains a litigation timechart and an illustrative litigation problem, showing how a case develops in practice and samples of the documents that actually might have formed a portion of the record. These samples are not designed as models to be emulated. To the contrary, they often contain defects intended to encourage students to criticize them in light of knowledge they have obtained from the cases and classroom discussion. The Supplement also includes complaints from two principal cases and one note case. The cases and excerpts from other materials have been edited carefully in order to shorten them and clarify issues for discussion. With regard to footnotes, the same numbering appears in the casebook as appears in the original sources; our footnotes are indicated by letters. Our omissions are indicated with asterisks, and where there might be any ambiguity, we provide clarifying information in a footnote.
Punishment and Welfare: A History of Penal Strategies

David W. Garland

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

Stephen Gillers

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

Stephen Gillers

Reading a preface is not high on your to-do list. I get that. But this one is written with you in mind. And it’s short. So give me ten minutes. Three quick points: First, this is your second most important class. Yeah, right, you think. A bold statement. Here’s why I make it. Say you become an antitrust lawyer. Your criminal procedure class will fade in your memory. Or if you become a criminal defense lawyer, you won’t need to know much about copyright. But whatever work you do as a lawyer, you will practice what you learn in this book and the class that assigns it every day you go to work. Other courses teach lessons that bear on a client’s problems. This book is about your work as a lawyer. But not only. Knowledge of these rules enables you to protect your clients against misconduct by other lawyers. And representing lawyers and law firms in trouble (or needing advice to avoid trouble) is an established practice area that might appeal to you. Second, the book contains many problems. Some are one paragraph, others a page or more. Many are based on real events that I’ve heard or read about. Mostly, the problems are dense and messy, like life. They arose yesterday or will arise tomorrow. A problem may not have all the information required to answer it. You may have to identify what more you need to know. Third, this book has a personality, a voice: mine. In that way, it is unlike some other casebooks. Its voice is conversational. Sometimes, it takes a position. I invite you to disagree. As you approach the starting line of your legal career, most important are the rules that constrain your behavior. You will want to know—in such areas as competence, fees, advocacy, confidentiality, conflicts of interest, negotiation, and the client-lawyer relationship—what may or must you do or not do with confidence that your conduct will not lad you before a disciplinary committee, create civil liability, invite court sanction, forfeit your fee, or damage your reputation. “Ethics,” while a useful term, does not accurately describe all lessons learned here. The law business is heavily regulated. The regulations have grown more complex in recent years. This has led to new terms—the law governing lawyers and the law of lawyering—lest anyone be fooled by the word “ethics” into believing that the subject is simply about how to be a good person (although it’s about that, too). Avoid two errors. First, do not believe that the right way to act—toward clients, courts, adversaries, or colleagues—will be intuitively obvious. Sure, sometimes it will be. But no one needs to teach you not to lie or steal. The rules here may be obscure, some may be counterintuitive, and they can be subtle in application. Applications in turn calls for judgment, and judgment is mostly learned though experience. But it can begin now. Second, don’t assume your employer will provide all the protection you need. Most law offices do have systems to detect and avoid mistakes and people to whom lawyers can turn for advice. But the best systems and resources are still not perfect, and anyway, the professional responsibility of a lawyer cannot be delegated wholesale to others. Furthermore, you need to know enough to know when you need advice. A broader perspective from which to view the laws and rules that regulate lawyers looks at their effect on civil society and the administration of justice. These laws and rules help define the nature and work of the entire profession and therefore the behavior of our legal institutions and the quality of our social justice. For example, a rule that prohibits or requires a lawyer to reveal a client’s confidential information to protect others from harm will influence a lawyer’s own behavior, but it may also affect what clients are willing to tell their lawyers. As you enter law practice, you may be more interested in such questions as “How must I behave?” and “How can I stay out of trouble?” than in asking, “What are the consequences to civil society and justice if one or another version of a particular rule is applies to America’s 1.3 million license lawyers?” Still, the last question is important and, it not as immediate, may arise in the course of your professional life. You may someday be in positions to resolve the broader questions—as a member of a bar committee, a legislator, a government lawyer, or a judge. Asking about the consequences to justice and civil society if a rule is resolved one way rather than another—saying which resolution is best—engenders different answers among both lawyers and the public. Why is that? In part because the answers depend on political and moral values more fundamental than the “ethics” that inform various codes. And, of course, the political and moral values of different people differ. In addressing these questions, we should also try to be honest about the interests we mean to protect. Those of society generally? Those of a particular client population? The legal profession’s? Our own? Law school and law practice, it is sometimes said, encourage more rather than less self-interest. In transition as you are, your answers may vary from what they would have been before you entered law school, and they will likely be different five years on. You will enter a profession in greater transition than at any other time in U.S. history. Three interrelated forces are reshaping the U.S. law industry: technology, globalization, and competition from abroad and from new sources of legal advice. These forces are upsetting a lawyer regulatory system that has served the United States well for more than a century, a system based on geography. In that system, lawyers get licensed by a place and serve clients from an office in the same place. But technology has disturbed the utility of geography as the basis to regulate. The Internet does not recognize borders. Neither may a client’s problems. Technology and globalization have encouraged competition from lawyers outside the U.S. and the ability of non-law businesses here and abroad to offer legal services at lower cost. Chapter 12C and 14C address these trends. This is the eleventh edition of the book. I started on it in 1982 shortly before the birth of the first of two amazing daughters to whom all editions have been dedicated. I sent the manuscript to the publisher just after the birth of the second daughter in 1984. Since then, I spend a few hours weekly planning the next edition. The daughters are not out in the world, but the book never left home. You think a lot about what a casebook is and can be when you live with one so long. The book’s primary purpose is to provide information, but that’s just the beginning. The minimum editorial task would allow me to pick good cases and other materials, edit them, order them logically, add interstitial notes and questions, and put the product between covers. Voila! A casebook. Or course, one must begin this way, but if nothing more were possible (even if not required), I wonder if I would have kept at it so long. Luckily, more is possible while still serving the book’s goal—to teach the subject. For starters, we can strive for humor, variety, clarity, and good writing. The enterprise will not likely support the voice and incisiveness of an Orwell essay or the quirkiness of a Vonnegut novel—assuming counterfactually that I had the talent to achieve either (in which case I’d probably be in a different line of work)—but a casebook is a book, after all, and it should have an authorial presence in so far as possible. That’s what makes the book mine. And then there are the stories lawyers tell each other. The legal profession is a culture of storytellers and stories. Harrison Tweed (1885-1969), a president of the New York Bar Association, once said: “I have a high opinion of lawyers. With all their faults, they stack up well against those in every other occupation or profession. They are better to work with or play with or fight with or drink with than most other varieties of mankind.” These words are inscribed on a wall at the Association headquarters. As a young lawyer, I thought Tweed was overly effusive, if not downright sanctimonious. At that time, I was inclined to agree with the character in George Bernard Shaw’s play The Doctor’s Dilemma who said that “all professions are conspiracies against the laity.” To some extent, I still find Tweed excessive and Shaw’s character apt. But not I think Tweed had a point. The profession and its members are fascinating to study, and its stories are fascinating to hear. As with the study of any culture, understanding the bar requires density of information. We must know a thousand small details about the actual life within the society of lawyers, not merely a few doctrines and theories, if we are going to understand Lawyerland truly. I have tried to include come of those details here. I invite your views on the book. What was dull? What worked well? How can the book be improved? Have you encountered a quote or story somewhere (true or fictional) that you think nicely highlights an issue? This edition is indebted to past users who alerted me to interesting sources. Send email to stephen.gillers@nyu.edu. All comments will be gratefully acknowledged. Onto chapter 1.
Regulation of Lawyers: Statutes and Regulations

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

Prior edition of Regulation of Lawyers: Statutes and Regulations.
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).
Darkness Now Visible: Patriarchy's Resurgence and Feminist Resistance

Carol Gilligan and David A.J. Richards

In the fall of 2016 those promoting patriarchal ideals saw their champion Donald Trump elected president of the United States and showed us how powerful patriarchy still is in American society and culture. Darkness Now Visible: Patriarchy's Resurgence and Feminist Resistance explains how patriarchy and its embrace of misogyny, racism, xenophobia, homophobia, and violence are starkly visible and must be recognized and resisted. Carol Gilligan and David A. J. Richards offer a bold and original thesis: that gender is the linchpin that holds in place the structures of unjust oppression through the codes of masculinity and femininity that subvert the capacity to resist injustice. Feminism is not an issue of women only, or a battle of women versus men - it is the key ethical movement of our age.
Federal Income Taxation: Principles and Policies

Michael J. Graetz, Deborah H. Schenk, and Anne L. Alstott

This casebook on federal income taxation contains detailed text and explanatory materials. The eighth edition marks a major revision of the casebook to cover recent regulations, rulings, cases and other new developments, including the major changes made to the Internal Revenue Code by tax legislation in 2017.
Carbon Capture and Storage: Emerging Legal and Regulatory Issues

Ian Havercroft, Richard Macrory, and Richard B. Stewart

Carbon Capture and Storage (CCS) is increasingly viewed as one of the most significant ways of dealing with greenhouse gas emissions. Critical to realising its potential will be the design of effective legal regimes at national and international level that can handle the challenges raised but without stifling a new technology of potential great public benefit. These include: long-term liability for storage; regulation of transport; the treatment of stored carbon under emissions trading regimes; issues of property ownership; and, increasingly, the sensitivities of handling the public engagement and perception. Following its publication in 2011, Carbon Capture and Storage quickly became required reading for all those interested in, or engaged by, the need to implement regulatory approaches to CCS. The intervening years have seen significant developments globally. Earlier legislative models are now in force, providing important lessons for future legal design. Despite these developments, the growth of the technology has been slower in some jurisdictions than others. This timely new edition will update and critically assess these updates and provide context for the development of CCS in 2018 and beyond.
The Legitimacy of International Trade Courts and Tribunals

Robert L. Howse, Hélène Ruiz-Fabri, Geir Ulfstein, and Michelle Q. Zhang

The recent rise of international trade courts and tribunals deserves systemic study and in-depth analysis. This volume gathers contributions from experts specialised in different regional adjudicators of trade disputes and scrutinises their operations in the light of the often-debated legitimacy issues. It not only looks into prominent adjudicators that have played a significant role for global and regional integration; it also encloses the newly established and/or less-known judicial actors. Critical topics covered range from procedures and legal techniques during the adjudication process to the pre- and post-adjudication matters in relation to forum selection and decision implementation. The volume features cross-cutting interdisciplinary discussions among academics and practitioners, lawyers, philosophers and political scientists. In addition to fulfilling the research vacuum, it aims to address the challenges and opportunities faced in international trade adjudication.
A Perilous Path: Talking Race, Inequality, and the Law

Sherrilyn Ifill, Loretta Lynch, Bryan A. Stevenson, and Anthony C. Thomspon

This blisteringly candid discussion of the American racial dilemma in the age of Black Lives Matter brings together the head of the NAACP Legal Defense Fund, the former attorney general of the United States, a bestselling author and death penalty lawyer, and a star professor for an honest conversation the country desperately needs to hear. Drawing on their collective decades of work on civil rights issues as well as personal histories of rising from poverty and oppression, these titans of the legal profession discuss the importance of working for justice in an unjust time. Covering topics as varied as “the commonality of pain,” “when ‘public’ became a dirty word,” and the concept of an “equality dividend” that is due to people of color for helping America brand itself internationally as a country of diversity and acceptance, Sherrilyn Ifill, Loretta Lynch, Bryan Stevenson, and Anthony C. Thompson engage in a deeply thought-provoking discussion on the law’s role in both creating and solving our most pressing racial quandaries. A Perilous Path will speak loudly and clearly to everyone concerned about America’s perpetual fault line.
Intellectual Property: Patents, Trademarks, and Copyright in a Nutshell

Arthur R. Miller and Michael H. Davis

Authors Michael Davis and famed Harvard professor Arthur Miller provide authoritative coverage on the foundations of patents, trademarks, and copyright laws. Authoritative treatment of all relevant doctrines and the latest statutory and judicial changes. Text further addresses relevant torts, property, antitrust, regulatory, and federalism intersections with intellectual property law.
Marbury v. Madison: The Origins and Legacy of Judicial Review

William E. Nelson

On the surface, the case itself seems a minor one at best. William Marbury, a last-minute judicial appointee of outgoing Federalist president John Adams, demanded redress from the Supreme Court when his commission was not delivered. But Chief Justice John Marshall could clearly see the danger his demand posed for a weak court filled with Federalist judges. Wary of the Court’s standing with the new Republican administration of Thomas Jefferson, Marshall hit upon a solution that was both principled and pragmatic. He determined that while Marbury was justified in his suit, the law on which his claim was based was in conflict with the Constitution. It was the first time that the Court struck down an act of Congress as unconstitutional, thus establishing the doctrine of judicial review that designates the Court as chief interpreter of the Constitution. Nelson relates the story behind Marbury and explains why it is a foundational case for understanding the Supreme Court. He reveals how Marshall deftly avoided a dangerous political confrontation between the executive and judicial branches by upholding the rule of law. Nelson also shows how Marshall managed to shore up the Court’s prestige and power rather than have it serve partisan political agendas. Nelson expands upon his original historical analysis by providing a more complete and nuanced account of eighteenth-century constitutionalism and the early development of judicial review. The new material includes chapters on nullification of legislation in local courts, James Otis’s articulation of the doctrine of judicial review in the Writs of Assistance Case, the use of this doctrine in response to the Stamp Act and Townshend Act, and the expansion of judicial review in the State Cases. This revised and expanded edition provides a fuller picture of colonial America and a richer understanding of Marshall’s foundational decision.
The Common Law in Colonial America

William E. Nelson

The eminent legal historian William E. Nelson's magisterial four-volume The Common Law in Colonial America traces how the many legal orders of Britain's thirteen North American colonies gradually evolved into one American system. Initially established on divergent political, economic, and religious grounds, the various colonial systems slowly converged until it became possible by the 1770s to imagine that all thirteen participated in a common American legal order, which diverged in its details but differed far more substantially from English common law. This fourth and final volume begins where volume three ended. It focuses on the laws of the thirteen colonies in the mid-eighteenth century and on constitutional events leading up to the American Revolution. Nelson first examines procedural and substantive law and looks at important shifts in the law to show how the mid-eighteenth- century colonial legal system in large part functioned effectively in the interests both of Great Britain and of its thirteen colonies. Nelson then turns to constitutional events leading to the Revolution. Here he shows how lawyers deployed ideological arguments not for their own sake, but in order to protect colonial institutional structures and the socio-economic interests of their clients. As lawyers deployed the arguments, they developed them into a constitutional theory that gave primacy to common-law constitutional rights and local self-government. In the process, the lawyers became leaders of the revolutionary movement and a dominant political force in the new United States. Professor Nelson: engages prior scholarship, notably that of Bernard Bailyn and John Phillip Reid, which argued that ideas and constitutional values were the principal causal factors leading to the American Revolution; argues that legal ideas and arguments typically were brought to the fore in the interests, often the economic interests, of clients; points back to older scholarship that emphasized the importance of economic interests in bringing about the Revolution.
Microeconomics

Robert S. Pindyck and Daniel L. Rubinfeld

Microeconomics exposes students to topics that play a central role in microeconomics. From game theory and competitive strategy, to the roles of uncertainty and information, and the analysis of pricing by firms with market power, the text helps students understand what’s going on in the world of business. It also shows students how microeconomics can be used as a practical tool for decision-making and for designing and understanding public policy. The 9th Edition further illustrates microeconomics’ relevance and usefulness with new coverage and examples, and an improved exposition that is clear and accessible as well as lively and engaging. With Microeconomics, readers will be able to fully appreciate how a modern economy functions.
Microeconomics

Robert S. Pindyck and Daniel L. Rubinfeld

Microeconomics exposes students to topics that play a central role in microeconomics. From game theory and competitive strategy, to the roles of uncertainty and information, and the analysis of pricing by firms with market power, the text helps students understand what’s going on in the world of business. It also shows students how microeconomics can be used as a practical tool for decision-making and for designing and understanding public policy. The 9th Edition further illustrates microeconomics’ relevance and usefulness with new coverage and examples, and an improved exposition that is clear and accessible as well as lively and engaging. With Microeconomics, readers will be able to fully appreciate how a modern economy functions.