W. Laurence Craig, William W. Park, and Jan Paulsson
Susan M. Akram and Deena Hurwitz
The New Goliaths: How Corporations Use Software to Dominate Industries, Kill Innovation, and Undermine Regulation
An approach to reinvigorating economic competition that doesn’t break up corporate giants, but compels them to share their technology, data, and knowledge
“Bessen is a master of unpacking the nuances of a complex array of interrelated trends to build a coherent story of how the promise of the democratized Internet ended up under the control of just a few. Read The New Goliaths to see how the forest came to have only room for a few tall trees with the rest of us in the undergrowth.”—Joshua Gans, coauthor of Prediction Machines: The Simple Economics of Artificial Intelligence
Historically, competition has powered progress under capitalism. Companies with productive new products rise to the top, but sooner or later, competitors come along with better innovations and disrupt the threat of monopoly. Dominant firms like Walmart, Amazon, and Google argue that this process of “creative destruction” prevents them from becoming too powerful or entrenched.
But the threat of competition has sharply decreased over the past twenty years, and today’s corporate giants have come to power by using proprietary information technologies to create a tilted playing field. This development has increased economic inequality and social division, slowed innovation, and allowed dominant firms to evade government regulation. In the face of increasing calls to break up the largest companies, James Bessen argues that a better way to restore competitive balance and dynamism is to encourage or compel these companies to share technology, data, and knowledge.
I. Glen Cohen, Timo Minssen, W. Nicholson Price II, Christopher Robertson, and Carmel Shachar
Regulators have been more permissive for medical devices compared to their drug and biologic counterparts. While innovative products can thereby reach consumers more quickly, this approach raises serious public health and safety concerns. Additionally, the nature of medical devices is rapidly changing, as software has become as important as hardware. Regulation must keep pace with the current developments and controversies of this technology. This volume provides a multidisciplinary evaluation of the ethical, legal, and regulatory concerns surrounding medical devices in the US and EU. For medical providers, policymakers, and other stakeholders, the book offers a framework for the opportunities and challenges on the horizon for medical device regulation. Readers will gain a nuanced overview of the latest developments in patient privacy and safety, innovation, and new regulatory laws. This book is also available as Open Access on Cambridge Core.
Brooke Coleman, Suzette Malveaux, Portia Pedro, and Elizabeth Porter
Shines a light on the ways in which civil procedure may privilege—or silence—voices in our justice system
In today’s increasingly hostile political and cultural climate, law schools throughout the country are urgently seeking effective tools to address embedded inequality in the United States legal system. A Guide to Civil Procedure aims to serve as one such tool by centering questions of systemic injustice in the teaching, learning, and practice of civil procedure.
Featuring an outstanding group of diverse scholars, the contributors illustrate how law school curriculums often ignore issues such as race, gender, disability, class, immigration status, and sexual orientation. Too often, students view the #MeToo movement, Black Lives Matter, immigration/citizenship controversy, or LGBTQ+ issues as mere footnotes to their legal education, often leading to the marginalization of many students and the production of graduates that do not view issues of systemic injustice as central to their profession.
A Guide to Civil Procedure reveals how procedure is, and always has been, a central pressure point in the struggle to eradicate structural inequality and oppression through the courts. This book will give students and scholars alike a more complex view of their roles as attorneys, sharpen their litigation skills, and provide a stronger sense of community and purpose in the law school classroom.
James E. Fleming
A strong and lively defense of substantive due process.
From reproductive rights to marriage for same-sex couples, many of our basic liberties owe their protection to landmark Supreme Court decisions that have hinged on the doctrine of substantive due process. This doctrine is controversial—a battleground for opposing views around the relationship between law and morality in circumstances of moral pluralism—and is deeply vulnerable today.
Against recurring charges that the practice of substantive due process is dangerously indeterminate and irredeemably undemocratic, Constructing Basic Liberties reveals the underlying coherence and structure of substantive due process and defends it as integral to our constitutional democracy. Reviewing the development of the doctrine over the last half-century, James E. Fleming rebuts popular arguments against substantive due process and shows that the Supreme Court has constructed basic liberties through common law constitutional interpretation: reasoning by analogy from one case to the next and making complex normative judgments about what basic liberties are significant for personal self-government.
Elaborating key distinctions and tools for interpretation, Fleming makes a powerful case that substantive due process is a worthy practice that is based on the best understanding of our constitutional commitments to protecting ordered liberty and securing the status and benefits of equal citizenship for all.
Michael C. Harper, Samuel Estreicher, and Zachary Fasman
Gary S. Lawson
This casebook emphasizes current doctrine and its historical evolution in exploring the four basic foundations of federal administrative law: separation of powers, statutorily and constitutionally required procedures for agency adjudication and rulemaking, scope of judicial review of agency action, and the availability and timing of judicial review. The book concentrates on federal rather than state administrative law, on the belief that an understanding of federal law can be translated into other settings if so desired. This edition of the book maintains the straightforward organization and don’t-hide-the-ball presentation that has characterized the book since its inception. The Ninth Edition contains four new principal cases and numerous new notes and note cases, including a new framework for the materials on separation of powers. The book prominently continues, from the prior edition, to expand materials on statutory interpretation to accommodate the increasing inclusion of Administrative Law in the first-year curriculum.
Peggy Maisel and Lesley Greenbaum
By re-writing US Supreme Court opinions that implicate critical dimensions of racial justice, Critical Race Judgments demonstrates that it's possible to be judge and a critical race theorist. Specific issues covered in these cases include the death penalty, employment, voting, policing, education, the environment, justice, housing, immigration, sexual orientation, segregation, and mass incarceration. While some rewritten cases – Plessy v. Ferguson (which constitutionalized Jim Crow) and Korematsu v. United States (which constitutionalized internment) – originally focused on race, many of the rewritten opinions – Lawrence v. Texas (which constitutionalized sodomy laws) and Roe v. Wade (which constitutionalized a woman's right to choose) – are used to incorporate racial justice principles in novel and important ways. This work is essential for everyone who needs to understand why critical race theory must be deployed in constitutional law to uphold and advance racial justice principles that are foundational to US democracy.
When first written into the Constitution, intellectual property aimed to facilitate "progress of science and the useful arts" by granting rights to authors and inventors. Today, when rapid technological evolution accompanies growing wealth inequality and political and social divisiveness, the constitutional goal of "progress" may pertain to more basic, human values, redirecting IP's emphasis to the commonweal instead of private interests. Against Progress considers contemporary debates about intellectual property law as concerning the relationship between the constitutional mandate of progress and fundamental values, such as equality, privacy, and distributive justice, that are increasingly challenged in today's internet age. Following a legal analysis of various intellectual property court cases, Jessica Silbey examines the experiences of everyday creators and innovators navigating ownership, sharing, and sustainability within the internet eco-system and current IP laws. Crucially, the book encourages refiguring the substance of "progress" and the function of intellectual property in terms that demonstrate the urgency of art and science to social justice today.
The Journey to Separate but Equal: Madame DeCuir's Quest for Racial Justice in the Reconstruction Era
Jack M. Beermann
In The Journey to Separate but Equal: Madame Decuir’s Quest for Racial Justice in the Reconstruction Era, Jack Beermann tells the story of how, in Hall v. Decuir, the post–Civil War US Supreme Court took its first step toward perpetuating the subjugation of the non-White population of the United States by actively preventing a Southern state from prohibiting segregation on a riverboat in the coasting trade on the Mississippi River. The Journey to Separate but Equal offers the first complete exploration of Hall v. Decuir, with an in-depth look at the case’s record; the lives of the parties, lawyers, and judges; and the case’s social context in 1870s Louisiana. The book centers around the remarkable story of Madame Josephine Decuir and the lawsuit she pursued because she had been illegally barred from the cabin reserved for White women on the Governor Allen riverboat.
The drama of Madame Decuir’s fight against segregation’s denial of her dignity as a human and particularly as a woman enriches our understanding of the Reconstruction era, especially in Louisiana, including political and legal changes that occurred during that time and the plight of people of color who were freed from slavery but denied their dignity and rights as American citizens. Hall v. Decuir spanned the pivotal period of 1872–1878, during which White segregationist Democrats “redeemed” the South from Republican control. The Supreme Court’s ruling in Hall overturned the application of an 1869 Louisiana statute prohibiting racial segregation in Madame Decuirs case because of the status of the Mississippi River as a mode of interstate commerce. The decision represents a crucial precedent that established the legal groundwork for the entrenchment of Jim Crow in the law of the United States, leading directly to the Courts adoption of separate but equal in Plessy v. Ferguson.
Michael C. Harper, Samuel Estreicher, and Kati Griffith
The Ninth Edition of this widely used casebook maintains the problem-based emphasis of prior editions. Text is taken seriously but always in the full context of the attendant policy issues. The Trump Board’s decisions are addressed, alongside treatment of difficulties that will motivate change in the Biden years.
The coverage of current issues complements the casebook’s comprehensive and nuanced treatment of all the important law on a topic that has become central to contemporary debates about income and wealth divisions in the society. This treatment spans from the protection of concerted employee activity to the organizing process to the bargaining and implementation of collective agreements. It covers other important topics including the preemption of state law and interaction with antitrust and immigration law.
New to the Ninth Edition:
- Coverage of the most salient and controversial issues posed by developments at the National Labor Relations Board over the past six years, including:
- The independent contractor distinction, including the emerging “ABC” test
- The joint employer debate
- Defining appropriate bargaining units
- The effects on protected concerted activity of neutral employer personnel rules and the Supreme Court’s endorsement of class action waivers in arbitration
- The regulation of bargaining during the term of collective agreements
- Board deferral to arbitration
- As part of its contemporary focus, the Ninth Edition highlights past and current proposals to amend the National Labor Relations Act (NRLA), including those in the pending Protecting the Right to Organize Act (PRO Act)
- The new edition’s Statutory Supplement aids discussion by including the PRO Act as passed by the House of Representatives this year and again presents the NLRA with easy to view indications of its evolution, as well as the other major statutes and examples of innovative collective bargaining agreements.
Professors and students will benefit from:
- A book that consistently poses problems for students and gets deeply into factual issues and important points of law.
- Careful editing of cases that preserves the decisional antecedents for the court’s action is a hallmark of the book.
Teaching materials Include:
- Statutory Supplement, with edited versions of innovative collective bargaining agreements.
- Coverage of the most salient and controversial issues posed by developments at the National Labor Relations Board over the past six years, including:
Michael C. Harper, Samuel Estreicher, and Kati Griffith
Ideal for use with the authors’ own casebook, Labor Law: Cases and Materials, or any other coursebook for the Labor Law course, this supplement offers a full complement of up-to-date source material, forms, and examples of current collective bargaining agreements.
Features of this supplement include:
- The full text of the National Labor Relations Act, Labor Management Relations Act, Labor-Management Reporting and Disclosure Act, Railway Labor Act, and Norris-LaGuardia Act
- Selected provisions from other statutes such as the Sherman Act, Clayton Act, Federal Arbitration Act, and U.S. Bankruptcy Code
- Selected forms of the National Labor Relations Board and National Mediation Board
- Selected text from the National Agreement Between General Electric and IUE-CWA (2011-2015)
- Selected text from the Collective Bargaining Agreement Between Hotel Association of New York City, Inc. and New York Hotel and Motel Trades Council, AFL-CIO (2012- 2019)
- The full text of the proposed Protecting the Right to Organize Act of 2021
New to the 2021 Edition:
- The full text of the Collective Bargaining Agreement Between Hotel Association of New York City, Inc. and New York Hotel and Motel Trades Council, AFL-CIO (2012- 2019)
- The full text of the proposed Protecting the Right to Organize Act of 2019
Sean J. Kealy
American Legislative Practice examines how legislatures develop and enact statutes through a blend of theory and practical considerations. The author spent several years as a legal counsel and legislative drafter with the Massachusetts Legislature and for the past 15 years has directed the Legislative Policy & Drafting Clinic at Boston University School of Law. Each chapter covers a different aspect of legislative activity: the structure of the legislature, ethical issues, policy development and the legislative process, constitutional issues, legislative drafting, lobbying and advocacy, statutory interpretation by agencies and courts, and legislative oversight.
This book is different in a few important ways. First, unlike other law school legislation textbooks, American Legislative Practice does not focus on how judges view and interpret statutes. Rather, the book treats the legislative process as the center of our nation’s political and legal discourse. Readers are actively encouraged to put themselves in the place of legislators and their staff to better understand the process and the difficulties in creating legislation. Second, this book does not exclusively focus on Congress, but also uses materials from various state legislatures. Third, American Legislative Practice employs several original case studies, simulations and exercises to help put legislative decisions in context and spark class discussion.
American Legislative Practice could be used in either a traditional theory-based legislation class or in a policy-related practicum or clinic. It could also be either the primary text or a supplement for a political science course focused on Congress or the legislative process.
Jack M. Beermann
The most trusted name in law school outlines, Emanuel Law Outlines support your class preparation, provide reference for your outline creation, and supply a comprehensive breakdown of topic matter for your entire study process. Created by Steven Emanuel, these course outlines have been relied on by generations of law students. Each title includes both capsule and detailed versions of the critical issues and key topics you must know to master the course. Also included are exam questions with model answers, an alpha-list of cases, and a cross reference table of cases for all of the leading casebooks. Emanuel Law Outline Features: #1 outline choice among law students Comprehensive review of all major topics Capsule summary of all topics Cross-reference table of cases Time-saving format Great for exam prep.
Steven G. Calabresi and Gary S. Lawson
The U.S. Constitution: Creation, Reconstruction, the Progressives, and the Modern Era (1st ed. 2020), is the most complete, historically grounded, and originalist and textualist casebook account of the original Constitution, Reconstruction Amendments, and modern constitutional developments. The book contains unique background on the drafting and ratification of the Constitution that puts all subsequent doctrinal developments into context. It follows the text of the Constitution, starting with the Preamble and ending with the Twenty-Seventh Amendment, containing material on literally every clause in between – which, astonishingly, is done by no other casebook. It provides the historical evolution of important areas of doctrine without sacrificing coverage of modern law. And, given the Supreme Court’s recent and likely continuing turn towards originalism, the book contains extensive treatment of original meaning by two of the academy’s leading originalist theorists, while also providing ample material on the many other modalities of interpretation that drive constitutional doctrine. Furthermore, this casebook delves deeply into the separation of powers, federalism, and Reconstruction, with an historical and theoretical focus that no other book can match.
The casebook is co-written by two former Scalia clerks, Steven Gow Calabresi and Gary Lawson. Both authors are highly accomplished scholars who have published numerous university press books, law review articles and casebooks. They know how a casebook differs from a university press book or a law review article, and this makes their casebook very user-friendly. This new edition also takes account of the two newest appointees to the Supreme Court, Justices Gorsuch and Kavanaugh, and is thus up to date on Supreme Court case law as it stood when the Supreme Court adjourned in the summer of 2019.
Ronald A. Cass, Colin S. Diver, Jack M. Beermann, and Jody Freeman
Administrative Law: Cases and Materials is the product of a longstanding collaboration by a distinguished group of authors, each with extensive experience in the teaching, scholarship, and practice of administrative law. The Eighth Edition preserves the book’s distinctive features of functional organization and extensive use of case studies, with no sacrifice in doctrinal comprehensiveness or currency. By organizing over half of the book under the generic administrative functions of policymaking, adjudication, enforcement, and licensing, the book illuminates the common features of diverse administrative practices and the interconnection of otherwise disparate doctrines. Scattered throughout the book, case studies present leading judicial decisions in their political, legal, institutional, and technical context, thereby providing the reader with a much fuller sense of the reality of administrative practice and the important policy implications of seemingly technical legal doctrines. At the same time, the Eighth Edition fully captures the headline-grabbing nature of federal administrative practice in today’s politically divided world.
David B. Lyons
The Color Line provides a concise history of the role of race and ethnicity in the US, from the early colonial period to the present, to reveal the public policies and private actions that have enabled racial subordination and the actors who have fought against it.
Focusing on Native Americans, African Americans, Asian Americans, and Latino Americans, it explores how racial subordination developed in the region, how it has been resisted and opposed, and how it has been sustained through independence, the abolition of slavery, the civil rights movement, and subsequent reforms. The text also considers the position of European immigrants to the US, interrogates relevant moral issues, and identifies persistent problems of public policy, arguing that all four centuries of racial subordination are relevant to understanding contemporary America and some of its most urgent issues.
This book will be of interest to students and scholars of American history, the history of race and ethnicity, and other related courses in the humanities and social sciences.
Linda C. McClain
Charges, denials, and countercharges of bigotry are increasingly frequent in the United States. Bigotry is a fraught and contested term, evident from the rejoinder that calling out bigotry is political correctness. That is so even though renouncing—and denouncing—bigotry seems to be a shared political value with a long history. Identifying, responding to, and preventing bigotry have engaged the efforts of many people. People disagree, however, over who is a bigot and what makes a belief, attitude, or action bigoted. This book argues that bigotry has both a backward- and forward-looking dimension. We learn bigotry’s meaning by looking to the past, but bigotry also has an important forward-looking dimension. Past examples of bigotry on which there is consensus become the basis for prospective judgments about analogous forms of bigotry. The rhetoric of bigotry—how people use such words as “bigot,” “bigoted,” and “bigotry”—poses puzzles that urgently demand attention. Those include whether bigotry concerns the motivation for or the content of a belief or action; whether reasonableness is a defense to charges of bigotry; whether the bigot is a distinct type, or whether we are all a bit bigoted; and whether “bigotry” is the term society gives to beliefs that now are beyond the pale. This book addresses those puzzles by examining prior controversies over interfaith and interracial marriage and the recent controversy over same-sex marriage, as well as controversies over landmark civil rights law and more recent conflicts between religious liberty and state anti-discrimination laws protecting LGBTQ persons.
Jessica Silbey and Michael Asimow
This book is the reader for a course with the general theme of “Law and Popular Culture” or “Law and Film.” It is about the interface between two these two enormously important subjects. It is suitable for undergraduate and graduate classes or seminars in American studies, criminal justice, political science, film studies, or many other academic programs, as well as in law schools. The course can be taught by anyone interested in law as well as film and television and requires no specialized academic training. This is the third edition of the book which has a new co-author (Jessica M. Silbey) as well as a new publisher (Vandeplas). There is an extensive teacher’s manual to assist instructors.
The book provides material on popular culture that may be unfamiliar to most law students, as well as material on law that may be unfamiliar to non-law students. The course is popular wherever it’s offered; students are fluent in the language of popular culture and participate enthusiastically in discussions about law as it appears in film and TV.
The book brings to life such law-related subjects as the adversary system, bad lawyers, juries, life of lawyers, and legal education as well as specific legal subjects such as the criminal and civil justice systems, family law, and the death penalty—each of them covered by separate chapters and illustrated by particular films or TV shows. It also discusses culture-related subjects such as film-making technique, censorship, and the economics of film production.
Douglas E. Abrams, Naomi R. Cahn, Catherine J. Ross, and Linda C. McClain
This popular family law casebook engages students with the significant changes to the American family and the corresponding evolution of family law doctrine and policy. In the fifth edition, all 17 chapters are fully updated to reflect the latest family law developments, including ones that have occurred since Obergefell v. Hodges (2015).
The book emphasizes that contemporary families take a variety of forms, including marital and nonmarital adult relationships, and that constitutional considerations play an increasingly important role in family law. The fifth edition preserves and builds on the approach of the earlier editions: presenting core substantive family law doctrine while also exploring ongoing and emerging policy debates and discussing the importance of cross-disciplinary collaborations with experts in fields such as psychology and accounting. A limited number of new cases replace older ones in most chapters, and the introductions to and notes and questions following each lead case, statute, or article have been thoroughly updated. In addition, problems for discussion in each chapter—including new and updated problems for this edition—enable students to apply doctrine in real-life settings that lawyers face.
Contemporary Family Law also introduces the myriad issues central to family law practice and to a lawyer’s ethical and professional responsibilities. The book includes material on shifting paradigms in family law practice and the roles of family lawyers, and devotes separate chapters to professional ethics, alternative dispute resolution, and private ordering. The book addresses jurisdictional issues in one integrated chapter.
In addition to providing a grounding in the historical and contemporary regulation of marriage, the book includes material throughout on the legal treatment of nonmarital couples and their children. The book also explores the diverse pathways to legal parentage and their impact on parent-child and co-parent relationships. Moreover, because child custody arrangements lead to some of the most acrimonious family disputes, this casebook devotes two chapters to custody: the first treats the initial custody decision, and the second explores continuing litigation concerning visitation, custody, and key childrearing decisions after the initial disposition, including disputes involving third parties such as cohabitants and grandparents. Both custody chapters include disputes involving nonmarital children.
The fifth edition includes new and expanded material throughout, such as:
- Issues arising after Obergefell v. Hodges (2015), the Supreme Court’s decision on the fundamental right of same-sex couples to marry and to have every state recognize their marriage, and the decision’s ramifications throughout family law, including rules for entering marriage, parentage, domestic partnerships, civil unions, and other legal statuses.
- Changes in marriage regulation, including state bigamy and legal challenges to them and “child marriage," including legislative efforts to raise the minimum age of marriage, with examples of new legislation.
- Developments involving nonmarital couples, including Blumenthal v. Brewer’s affirmation of Illinois’s policy against allowing economic remedies for nonmarital couples.
- Changes in parentage law, including surrogacy legislation, the latest revision of the Uniform Parentage Act (2017), and the new Uniform Nonparent Custody and Visitation Act adopted in 2018.
- Extensive coverage of debt and family finances, new material drawn from numerous studies on the current economic climate (replacing the excerpt from Elizabeth Warren on bankruptcy), as well as new material on how the 2017 changes to federal tax law affect families;
- Discussion of Whole Woman’s Health v. Hellerstedt (S. Ct. 2016) and later developments in the courts and in state legislatures regulating access to abortion;
- New lead cases on moral fitness in custody adjudication and domestic violence in custody decisions with substantially revised notes;
- a new lead case on relocation by a custodial parent—here a male nurse—reflecting changes in the law in many jurisdictions; expanded notes on parental decisions involving transgender youth; and a new discussion of disputes over “custody” of animal companions, commonly known as pets.
- A full chapter containing updated materials about domestic violence and its harmful effects on marital and nonmarital households, and about intrafamily tort actions and family-related tort actions brought against family members by third persons.
- A full chapter on adoption, including the latest trends and practices in transracial adoption, international adoption by American parents, and adoption by same-sex couples.
- A fully updated chapter on the child support obligations of marital and non-marital parents.
Stephen M. Donweber
The book presents a general introduction to the study of law in the United States. The idea here is to provide—in casebook form—an introduction to American law and legal English for (1) international law students, both those who wish at some point to study or practice in the United States and those who wish to remain in their home countries; (2) English-speaking undergraduate students interested in studying the law and/or going to law school; and (3) anyone else interested in understanding and studying basic concepts in law.
Tamar Frankel and Ann Taylor Schwing
Why do we need to focus on cultures today? Not many years ago we lived within our communities and rarely traveled, even within our country. We knew our neighbors and their children. Most of us ate similar foods, spoke the same language, laughed at the same jokes, and found some behaviors offensive. Even though the immigrants to this country acted differently, they did not travel much, just as the American born did not travel much abroad. Today’s world is different. We travel more frequently, both within our country and abroad. We watch and read about different other nations. In school, and at work, we meet people who come from different countries, who have different manners, different sense of humor, and different sensitivities. In sum, we are exposed to different cultures. How do we bridge the cultural gaps? Argue and explain to convince? Make fun of the others’ position? Threaten? Or identify with the other party: Would I like to be treated in this or that way? Or find a compromise when the issue is not worth it and fight when it is? Is my purpose to win or to find a solution with which all parties can live? Living in Different Cultures is a memoir-like collection of keen observations of global culture. Vignettes by the Israeli-born distinguished legal scholar, now 93, guide those from different cultures on how to respect each other and live in harmony.
Gary S. Lawson
Gary S. Lawson and Guy I. Seidman
Deference is perhaps the most important concept and practice in law. It lies at the core of every system of precedent, appellate review, federalism, and separation of powers, all of which center on how one actor should deal with previous decisions. Oddly enough, deference is also one of the most underanalyzed and undertheorized legal concepts and practices, perhaps because its applications are so varied. This book’s goal is to provide a definition of and vocabulary for deference that can be used to describe, explain, and/or criticize deference in all of its manifestations in the law, including some manifestations that are not always identified by legal actors as instances of deference, such as practices of precedent in which institutional actors consider their own prior decisions. This book undertakes a descriptive and conceptual, not normative or critical, analysis of deference. It leaves to others the question whether deference, in any particular context, is “legitimate” or “bad,” and it does not seek to prescribe whether and how any legal system should apply deference in any specific circumstance or to critique any particular deference doctrines. Rather, it hopes to bring the very concept of deference to the forefront of legal discussion; to identify, catalogue, and analyze at least the chief among its many legal applications; to set forth the many and varied rationales that can be and have been offered in support of (some species of) deference in different legal contexts; and thereby to provide a vocabulary and conceptual framework that can be employed in future projects, whether those projects are descriptive or prescriptive. While this book draws its material almost entirely from American law and practice, we hope in future work, perhaps with the help of other scholars, to expand the study to include the law and practice in other countries and particularly in non-common-law legal systems.
The Partisan Republic: Democracy, Exclusion, and the Fall of the Founders' Constitution, 1780s-1830s
Gerald F. Leonard and Saul Cornell
The Partisan Republic is the first book to unite a top down and bottom up account of constitutional change in the Founding era. The book focuses on the decline of the Founding generation's elitist vision of the Constitution and the rise of a more 'democratic' vision premised on the exclusion of women and non-whites. It incorporates recent scholarship on topics ranging from judicial review to popular constitutionalism to place judicial initiatives like Marbury vs Madison in a broader, socio-legal context. The book recognizes the role of constitutional outsiders as agents in shaping the law, making figures such as the Whiskey Rebels, Judith Sargent Murray, and James Forten part of a cast of characters that has traditionally been limited to white, male elites such as James Madison, Alexander Hamilton, and John Marshall. Finally, it shows how the 'democratic' political party came to supplant the Supreme Court as the nation's pre-eminent constitutional institution.
Wendy K. Mariner, George J. Annas, Nicole Huberfeld, and Michael Ulrich
This new edition offers a fresh take on the rapidly evolving field of public health law. Grounding students in foundational thematic concepts—what counts as a public health issue, choosing among multiple legal options, the changing scope and limits of government power, and ensuring justice and fairness—it examines major shifts in constitutional doctrine including federalism, speech, religion, reproductive rights, and privacy, as well as human rights at the global level. Cases and materials critically examine how these concepts apply to contemporary and future issues, including substance use, firearms, health insurance, food supply, big data, surveillance, epidemics, and disaster preparedness. This provides a useful framework for analyzing competing interests among governments, private entities, individuals, and human rights in multiple contexts and as the law changes.
The new edition is designed not only for those interested in public health law, but also for students in many other areas of law and public policy, including law students and graduate students in public health, public policy, and medicine.
Walter F. Murphy, James E. Fleming, Sotirios A. Barber, and Stephen Macedo
This text uses original essays, cases, and materials to study the very enterprise by which a constitution is interpreted and a constitutional government created. It explores the American polity as both a constitutional and democratic entity. This volume is organized around a set of basic interrogatives: What is the constitution that is to be interpreted? Who are its authoritative interpreters? How should they go about their interpretive tasks? The new edition has been updated to include important new cases decided through June 2018, including Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission and National Institute of Family and Life Advocates v. Becerra. To maintain brevity, the authors have removed a number of cases from the casebook and placed them on the accompanying website.
A sharp exposé of the roots of the cost-exposure consensus in American health care that shows how the next wave of reform can secure real access and efficiency.
The toxic battle over how to reshape American health care has overshadowed the underlying bipartisan agreement that health insurance coverage should be incomplete. Both Democrats and Republicans expect patients to bear a substantial portion of health care costs through deductibles, copayments, and coinsurance. In theory this strategy empowers patients to make cost–benefit tradeoffs, encourages thrift and efficiency in a system rife with waste, and defends against the moral hazard that can arise from insurance. But in fact, as Christopher T. Robertson reveals, this cost-exposure consensus keeps people from valuable care, causes widespread anxiety, and drives many patients and their families into bankruptcy and foreclosure.
Marshalling a decade of research, Exposed offers an alternative framework that takes us back to the core purpose of insurance: pooling resources to provide individuals access to care that would otherwise be unaffordable. Robertson shows how the cost-exposure consensus has changed the meaning and experience of health care and exchanged one form of moral hazard for another. He also provides avenues of reform. If cost exposure remains a primary strategy, physicians, hospitals, and other providers must be held legally responsible for communicating those costs to patients, and insurance companies should scale cost exposure to individuals’ ability to pay.
New and more promising models are on the horizon, if only we would let go our misguided embrace of incomplete insurance.
A collection of wide-ranging critical essays that examine how the judicial system is represented on screen
Historically, the emergence of the trial film genre coincided with the development of motion pictures. In fact, one of the very first feature-length films, Falsely Accused!, released in 1908, was a courtroom drama. Since then, this niche genre has produced such critically acclaimed films as Twelve Angry Men, To Kill a Mockingbird, and Anatomy of a Murder. The popularity and success of these films can be attributed to the fundamental similarities of filmic narratives and trial proceedings. Both seek to construct a “reality” through storytelling and representation and in so doing persuade the audience or jury to believe what they see.
Trial Films on Trial: Law, Justice, and Popular Culture is the first book to focus exclusively on the special significance of trial films for both film and legal studies. The contributors to this volume offer a contemporary approach to the trial film genre. Despite the fact that the medium of film is one of the most pervasive means by which many citizens receive come to know the justice system, these trial films are rarely analyzed and critiqued. The chapters cover a variety of topics, such as how and why film audiences adopt the role of the jury, the narrative and visual conventions employed by directors, and the ways mid-to-late-twentieth-century trial films offered insights into the events of that period.
Robert L. Tsai
Robert L. Tsai offers a stirring account of how legal ideas that aren’t necessarily about equality have often been used to overcome resistance to justice and remain vital today. From the oppression of emancipated slaves after the Civil War, to the internment of Japanese Americans during World War II, to President Trump’s ban on Muslim travelers, Tsai applies lessons from past struggles to pressing contemporary issues.
Paul C. Weiler, Gary R. Roberts, Roger I. Adams, Michael C. Harper, Jodi S. Balsam, and William W. Berry III
The sixth edition of this leading casebook explores legal issues in both professional and amateur sports, organized to provide instructors with flexibility to cover selected doctrinal areas or industry sectors. Extended treatment is given to the key subjects of labor, antitrust, intellectual property, and the law of private associations. The casebook also covers the unique office of the league commissioner and its special concerns with the “best interests of sports”; the contract, antitrust, and labor law dimensions of the player-labor market; the role of the player agent in a unionized industry; the economic and legal implications of agreements among league owners and responses to rival leagues; the system of college athletics as governed by the NCAA and subject to Title IX; and the operation of international Olympic sports. Key features include:
- Recent landmark Supreme Court decisions affecting the entire sports industry, including legalizing sports gambling (Murphy v. NCAA) and affirming trademark free speech (Matal v. Tam)
- Updated materials on sports league commissioner disciplinary authority and judicial review of sports league arbitration awards
- Updated materials on the business of sports, with exercises on the business dynamics of sports labor markets and on league decision-making about commercial practices
- Reorganized chapter on agent representation of the athlete, with new coverage of foundational principles of agency law
- Key decisions affecting college athletics, involving antitrust challenges to amateurism (In re NCAA Athletic Grant-in-Aid Cap Antitrust Litigation and Deppe v. NCAA) and penalties for rules infractions (UNC Public Infractions Decision)
- Expanded materials on the function, regulatory apparatus, and activities of the NCAA
- Reorganized chapter on international and Olympic sports, covering recent cases involving doping and hyperandrogenism
- Expanded materials on athlete health and safety, including claims related to concussions and prescription drug abuse.
Our Non-Christian Nation: How Wiccans, Satanists, Atheists, and Other Non-Christians are Demanding Their Rightful Place in American Public Life
Jay D. Wexler
Less and less Christian demographically, America is now home to an ever-larger number of people who say they identify with no religion at all. These non-Christians have increasingly been demanding their full participation in public life, bringing their arguments all the way to the Supreme Court. The law is on their side, but that doesn't mean that their attempts are not met with suspicion or outright hostility. In Our Non-Christian Nation, Jay Wexler travels the country to engage the non-Christians who have called on us to maintain our ideals of inclusivity and diversity. With his characteristic sympathy and humor, he introduces us to the Summum and their Seven Aphorisms, a Wiccan priestess who would deck her City Hall with a pagan holiday wreath, and other determined champions of free religious expression. As Wexler reminds us, anyone who cares about pluralism, equality, and fairness should support a public square filled with a variety of religious and nonreligious voices. The stakes are nothing short of long-term social peace.
The duty of financial institutions to self-regulate their compliance with the law was triggered by relatively recent developments. Financial institutions (banks, mutual funds, securities exchanges and advisers) have grown larger and were operating internationally. Government and outside regulators could not effectively supervise and prevent institutional violations. The failures and violations of such institutions were costly to the country, to their employees and to their investors. The failures prompted legislators and regulators to require these institutions to self-regulate and self-police to prevent violation of the law.
The Law of Institutional Self-Regulation (Compliance) is addressed to law students and practitioners. It aims at understanding and managing a system of self-regulation by financial institutions by a dual system of both law and culture. To be sure, the law requires institutions to self-regulate. But rules of law are not enough. In fact, the main mechanism for self-regulation is institutional culture. Like law, culture is a system of rules and their enforcement. Unlike the law, culture rules are established and enforced by institutions, internally. Thus, both law and culture aim at ensuring institutional compliance with the law.
Even though most of the materials and cases in this book involve financial institutions, a similar design of self-regulation applies to any institution. Students and practitioners should be sensitive to signs that maylead to institutional violations of the law. They should note the signs of tendencies that may lead to violations of the law and focus on measures that are likely to prevent such violations.
This book notes the differences between the Law Officers and Compliance Officers, the evolving recognition of compliance as a profession, and the rise of compliance officers’ independence. The book offers principles, approaches, and techniques, aimed at detecting and preventing institutions’ legal violations such as, monitoring and investigations, employees' self-examination and rewarding employees for ensuring and supporting compliance with the law. To be sure, each institution, has its “parents,” history, business, powers and weaknesses, aspirations and competitors. This is why institutional self-regulation cannot be uniform and its culture must be adjusted to the law in its own special way—to reach the same application of the law to all.
Nicole Huberfeld, Elizabeth Weeks Leonard, and Kevin Outterson
he Law of American Health Care is the casebook for the new generation of health lawyers. It is a student-friendly casebook emphasizing lightly, carefully edited primary source excerpts, plain-language expository text, as well as focused questions for comprehension and problems for application of the concepts taught. The book engages topics in depth so students emerge with an understanding of the most important features of American health care law and hands-on experience working through cutting edge issues.
- Focused on the needs of students who want to practice health care law in a post-ACA world.
- First health care law casebook to consider federal law as the baseline (as opposed to state law or common law).
- Intro chapter provides a set of organizing principles, illustrated with in-depth case studies, which are revisited and woven throughout the remaining chapters.
- “Pop-up” text boxes throughout with notes that highlight key lessons, or help to explain or enhance the material.
- Directed Questions and hypothetical Problems are provided as well as Capstone Problems at the end of each chapter.
- Approximately 800 pages, which is significantly more manageable than competitors.
- Focused directly on topics regularly encountered in the day-to-day practice of health law
Joshua Teitelbaum and Kathryn Zeiler
The field of behavioral economics has contributed greatly to our understanding of human decision making by refining neoclassical assumptions and developing models that account for psychological, cognitive, and emotional forces. The field’s insights have important implications for law. This Research Handbook offers a variety of perspectives from renowned experts on a wide-ranging set of topics including punishment, finance, tort law, happiness, and the application of experimental literatures to law. It also includes analyses of conceptual foundations, cautions, limitations and proposals for ways forward.
The leading scholars of law, economics, and psychology featured in this Research Handbook use their insights to synthesize and contribute to the extant research at the intersection of behavioral economics and key areas of law, and to demonstrate methods for effective original research. With synthetic literature reviews and original research, conceptual overviews and critical perspectives, as well as topic-specific chapters, it provides a strong overview of this burgeoning field.
Law and economics scholars, behavioral law scholars, and behavioral economists and psychologists dealing with law, judgement and decision-making will appreciate this Research Handbook’s dedication to applicable research, and judges, lawmakers, policy advocates and regulators will note its important practical implications for law and public policy.
David H. Webber
Written by leading scholars and judges, the Research Handbook on Representative Shareholder Litigation is a modern-day survey of the state of this essential field. The book is an important and timely contribution by leading corporate law scholars, judges, and practitioners, seeking to better understand and explain the proliferation of shareholder litigation across the globe. It provides a cross-jurisdictional survey of litigation and empirical evidence on the recent evolution of these lawsuits, including in-depth analyses of several key forms of shareholder litigation.
Its chapters cover securities class actions, merger litigation, derivative suits, and appraisal litigation, as well as other forms of shareholder litigation. Through in-depth analysis of these different forms of litigation, the book explores the agency costs inherent in representative litigation, the challenges of multijurisdictional litigation and disclosure-only settlements, and the rise of institutional investors. It also surveys how related issues are addressed across the globe, with a special focus on parallel forms of litigation in the United States, Canada, the United Kingdom, the European Union, Israel and China.
This Research Handbook will be an invaluable resource on this important topic for scholars of corporate law, practitioners, judges, and legislators.
David H. Webber
When Steven Burd, CEO of the supermarket chain Safeway, cut wages and benefits, starting a five-month strike by 59,000 unionized workers, he was confident he would win. But where traditional labor action failed, a novel approach was more successful. With the aid of the California Public Employees’ Retirement System, a $300 billion pension fund, workers led a shareholder revolt that unseated three of Burd’s boardroom allies.
In The Rise of the Working-Class Shareholder: Labor’s Last Best Weapon, David Webber uses cases such as Safeway’s to shine a light on labor’s most potent remaining weapon: its multitrillion-dollar pension funds. Outmaneuvered at the bargaining table and under constant assault in Washington, state houses, and the courts, worker organizations are beginning to exercise muscle through markets. Shareholder activism has been used to divest from anti-labor companies, gun makers, and tobacco; diversify corporate boards; support Occupy Wall Street; force global warming onto the corporate agenda; create jobs; and challenge outlandish CEO pay. Webber argues that workers have found in labor’s capital a potent strategy against their exploiters. He explains the tactic’s surmountable difficulties even as he cautions that corporate interests are already working to deny labor’s access to this powerful and underused tool.
The Rise of the Working-Class Shareholder is a rare good-news story for American workers, an opportunity hiding in plain sight. Combining legal rigor with inspiring narratives of labor victory, Webber shows how workers can wield their own capital to reclaim their strength.
Sources of Compiled Legislative Histories: A Bibliography of Government Documents, Periodical Articles, and Books, 1st Congress-114th Congress, 4th ed.
Ronald E. Wheeler and Jenna Fegreus
This new 4th edition is updated with nearly 1,200 new laws and 1,800 new bibliographic entries and includes two types of compiled legislative histories. The first part of this book includes works issued by commercial sources and legislative histories by topic. The second part, the main portion of this work, includes works compiled for major laws. The third and final part contains an Author-Title Index (to Part I) and a Public Law Index (to Part II). Beginning with the 113th Congress, this new edition also includes a summary of each source at the conclusion of every entry to provide further insight into sources and the ways in which they may be useful for further research.
Habermas and Law makes accessible the most important essays in English that deal with the application to law of the work of major philosophers for whom law was not a main concern. It encompasses not only what these philosophers had to say about law but also brings together essays which consider those aspects of the work of major philosophers which bear on our interpretation and assessment of current law and legal theory. The essays are based on scholarly study of particular philosophers and deal with both the nature and role of law and the application of philosophy to specific areas of law.
Khiara M. Bridges
The Poverty of Privacy Rights makes a simple, controversial argument: Poor mothers in America have been deprived of the right to privacy. The U.S. Constitution is supposed to bestow rights equally. Yet the poor are subject to invasions of privacy that can be perceived as gross demonstrations of governmental power without limits. Courts have routinely upheld the constitutionality of privacy invasions on the poor, and legal scholars typically understand marginalized populations to have "weak versions" of the privacy rights everyone else enjoys. Khiara M. Bridges investigates poor mothers' experiences with the state―both when they receive public assistance and when they do not. Presenting a holistic view of just how the state intervenes in all facets of poor mothers' privacy, Bridges shows how the Constitution has not been interpreted to bestow these women with family, informational, and reproductive privacy rights. Bridges seeks to turn popular thinking on its head: Poor mothers' lack of privacy is not a function of their reliance on government assistance―rather it is a function of their not bearing any privacy rights in the first place. Until we disrupt the cultural narratives that equate poverty with immorality, poor mothers will continue to be denied this right.
Gary S. Lawson
How does one prove the law? If your neighbor breaks your window, the law regulates how you can show your claim to be true or false; but how do you prove that in breaking your window your neighbor has broken the law? American jurisprudence devotes an elaborate body of doctrine—and an equally elaborate body of accompanying scholarly commentary—to worrying about how to prove facts. It establishes rules for the admissibility of evidence, creates varying standards of proof, and assigns burdens of proof that determine who wins or loses when the facts are unclear. But the law is shockingly inexplicit when addressing these issues with respect to the proof of legal claims. Indeed, the entire language of evidentiary proof, so sophisticated when it comes to questions of fact, is largely absent from the American legal system with respect to questions of law.
As Gary Lawson shows, legal claims are inherently objects of proof, and whether or not the law acknowledges the point openly, proof of legal claims is just a special case of the more general norms governing proof of any claim. As a result, similar principles of evidentiary admissibility, standards of proof, and burdens of proof operate, and must operate, in the background of claims about the law. This book brings these evidentiary principles for proving law out of the shadows so that they can be analyzed, clarified, and discussed. Viewing legal problems through this lens of proof illuminates debates about everything from constitutional interpretation to the role of stipulations in litigation. Rather than prescribe resolutions to any of those debates, Evidence of the Law instead provides a set of tools that can be used to make those debates more fruitful, whatever one’s substantive views may be. As lawyers, judges, and legal subjects confront uncertainty about what the law is, they can, should, and must, Lawson argues, be guided by the same kinds of abstract considerations, structures, and doctrines long used to make determinations about questions of fact.
Gary S. Lawson and Guy I. Seidman
What kind of document is the United States Constitution and how does that characterization affect its meaning? Those questions are seemingly foundational for the entire enterprise of constitutional theory, but they are strangely under-examined. Legal scholars Gary Lawson and Guy Seidman propose that the Constitution, for purposes of interpretation, is a kind of fiduciary, or agency, instrument. The founding generation often spoke of the Constitution as a fiduciary document—or as a “great power of attorney,” in the words of founding-era legal giant James Iredell. Viewed against the background of fiduciary legal and political theory, which would have been familiar to the founding generation from both its education and its experience, the Constitution is best read as granting limited powers to the national government, as an agent, to manage some portion of the affairs of “We the People” and its “posterity.” What follows from this particular conception of the Constitution—and is of greater importance—is the question of whether, and how much and in what ways, the discretion of governmental agents in exercising those constitutionally granted powers is also limited by background norms of fiduciary obligation. Those norms, the authors remind us, include duties of loyalty, care, impartiality, and personal exercise. In the context of the Constitution, this has implications for everything from non-delegation to equal protection to so-called substantive due process, as well as for the scope of any implied powers claimed by the national government.
In mapping out what these imperatives might mean—such as limited discretionary power, limited implied powers, a need to engage in fair dealing with all parties, and an obligation to serve at all times the interests of the Constitutions beneficiaries—Lawson and Seidman offer a clearer picture of the original design for a limited government.
This book identifies and explores the major problems now under discussion in law school courses typically denominated “Federal Courts” or “Federal Jurisdiction.” It anticipates the questions that law faculty are likely to raise in class and gives students a head start in building satisfying responses. This book also functions as an update of Professor Yackle’s previous book, entitled Federal Courts.
Jack M. Beermann
Emanuel CrunchTime provides a comprehensive topic breakdown and critical information review all in one tool. The application flow charts can be used all semester long, but the capsule summaries are ideal for exam preparation. Each title offers capsule summaries of major points of law and critical issues, exam tips for identifying common traps and pitfalls, multiple choice-questions with answers, short-answer practice questions with answers, and essay questions with model answers.
Jack M. Beermann
The most trusted name in law school outlines, Emanuel® Law Outlines support your class preparation, provide reference for your outline creation, and supply a comprehensive breakdown of topic matter for your entire study process. Created by Steve Emanuel while a law student at Harvard, these course outlines have been carefully revised and updated by Steve for over 30 years and have been relied on by generations of law students. Each book includes both capsule and detailed outline-format explanations and discussions of the critical issues, key topics, and cases you must know to master the course. Also included are exam questions with model answers, an alphabetical list of cases, and a table correlating the Emanuel®Law Outline to the leading casebooks.
Anna di Robilant, John Witte Jr., and Sara McDougall
Renowned legal historian, Charles Donahue, serves as the inspiration for this volume of essays covering a range of topics of interest to legal historians, legal scholars, and others. Inspired by Donahue's insights into the value of understanding both text and context, this volume brings together 26 contributions from leading historians in Europe and North America.