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  International Chamber of Commerce Arbitration, 4th ed.

  W. Laurence Craig, William W. Park, and Jan Paulsson

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  For-Profit Philanthropy: Elite Power and the Threat of Limited Liability Companies, Donor-Advised Funds, and Strategic Corporate Giving

  Dana Brakman Reiser and Steven Dean

  This book exposes a migration of business practices, players, and norms into philanthropy that strains the regulatory regime sustaining public trust in elite generosity through accountability and transparency and proposes legal reforms and private solutions to restore it.
  
  Practices, players, and norms native to the business sector have migrated into philanthropy, shattering longstanding barriers between commerce and charity. Philanthropies organized as limited liability companies, donor-advised funds sponsored by investment company giants, and strategic corporate philanthropy programs aligning charitable giving by multinationals with their business objectives paint a startling new picture of elite giving.
  
  In For-Profit Philanthropy, Dana Brakman Reiser and Steven A. Dean reveal that philanthropy law has long operated as strategic compromise, binding ordinary Americans and elites together in a common purpose. At its center stands the private foundation. The authors show how the foundation neatly combines donor autonomy with a regulatory framework to elevate the public's voice. This framework compels foundations to spend a small but meaningful portion of the assets their elite donors have pledged to the public each year. Prophylactic restrictions separate foundations from their funders' business and political interests. And foundations must disclose more about the sources and uses of their assets than any other business or charity. The philanthropic innovations increasingly espoused by America's most privileged individuals and powerful companies prioritize donor autonomy and privacy, casting aside the foundation and the tools it provides elites to demonstrate their good faith. By threatening to displace impactful charity with hollow virtue signaling, these actions also jeopardize the public's faith in the generosity of those at the top.
  
  Private ordering, targeted regulation, or a new strategic bargain could strike a modern balance, preserving the benefits of the compromise between the modest and the mighty. For-Profit Philanthropy offers a detailed roadmap to show how it can be accomplished.

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  Rules and Laws for Civil Actions 2023

  Stella Burch Elias, Derek T. Muller, Jason Rantanen, Caroline Sheerin, and Maya Steinitz

  Rules and Laws for Civil Actions is an open-access resource for law students containing the U.S. Constitution, Federal Rules of Civil Procedure, Federal Rules of Evidence, Federal Rules of Appellate Procedure, and selected federal and state statutes. The book was created by a team of faculty members at the University of Iowa College of Law to supplement the study of Civil Procedure, Evidence, Constitutional Law, and other law school courses. In addition to containing the official text, each legal source found in Rules and Laws for Civil Actions is accompanied by an introductory section written by an Iowa Law professor explaining its significance and background. Students are able to access the online and digital versions of the resource free of charge. Additional digital copies in a variety of formats are available for at https://pressbooks.uiowa.edu/civil-procedure-rules/.
  
  Note that this digital file matches with the pagination of the hardcover edition of Rules and Laws for Civil Actions. The pagination of the hardcover and paperback editions is different due to differences in formatting.

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  The Making of Modern Property: Reinventing Roman Law in Nineteenth Century Europe and its Periphery

  Anna di Robilant

  In this original intellectual history, Anna di Robilant traces the history of one of the most influential legal, political, and intellectual projects of modernity: the appropriation of Roman property law by liberal nineteenth-century jurists to fit the purposes of modern Europe. Drawing from a wealth of primary sources, many of which have never been translated into English, di Robilant outlines how a broad network of European jurists reinvented the classical Roman concept of property to support the process of modernisation. By placing this intellectual project within its historical context, she shows how changing class relations, economic policies and developing ideologies converged to produce the basis of modern property law. Bringing these developments to the twentieth century, this book demonstrates how this largely fabricated version of Roman property law shaped and continues to shape debates concerning economic growth, sustainability, and democratic participation.

  Contents:

  Introduction: The Romanist-bourgeois property culture: dominium, the social function and resources

  1. What Roman antiquity had to offer: a scientific method and a vast inventory of property concepts

  2. The foundations of Romanist-bourgeois property: Robert Joseph Pothier and the transition from medieval 'divided dominium' to modern absolute dominium

  3. Crafting Romanist-bourgeois property: Roman antiquity, political reaction, a rising bourgeoisie and scientism

  4. Reform, not revolution: modernizing property in Germany

  5. The tensions of absolute property

  6. Roman dominium in the republics of Latin America: property, nationhood, race and economic development

  7. The social critics: the critique of absolute dominium and the retrieval of the Roman social doctrines

  Conclusions

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  Weed Rules: Toward a Just, Joyous, and Sensible Marijuana Policy in a Post-Legalization Nation

  Jay D. Wexler

  With full legalization seeming inevitable, it's time to shift the conversation—from whether recreational cannabis should be legalized to how.
  
  Weed Rules argues that it's time for states to abandon their "grudging tolerance" approach to legal weed and to embrace "careful exuberance." In this thorough and witty book, law professor Jay Wexler invites policy makers to responsibly embrace the enormous benefits of cannabis, including the joy and euphoria it brings to those who use it.
  
  The "grudging tolerance" approach has led to restrictions that are too strict in some cases—limiting how and where cannabis can be used, cultivated, marketed, and sold—and far too loose in others, allowing employers and police to discriminate against users. This book shows how focusing on joy and community can lead us to an equitable marijuana policy in which minority communities, most harmed by the war on drugs, play a leading role in the industry. Centering pleasure and fun as legitimate policy goals, Weed Rules puts forth specific policies to advocate for a more just, sensible, and joyous post-legalization society.

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  Teaching Human Rights: Practice and Theory

  Susan M. Akram and Deena Hurwitz

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  The New Goliaths: How Corporations Use Software to Dominate Industries, Kill Innovation, and Undermine Regulation

  James Bessen

  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.

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  The Future of Medical Device Regulation: Innovation and Protection

  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.

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  A Guide to Civil Procedure: Integrating Critical Legal Perspectives

  Brooke Coleman, Suzette Malveaux, Portia Pedro, Elizabeth Porter, and Jasmine Gonzales Rose

  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.

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  Breaking Ranks: How the Rankings Industry Rules Higher Education and What to Do about It

  Colin S. Diver

  Some colleges will do anything to improve their national ranking. That can be bad for their students—and for higher education.
  
  Since U.S. News & World Report first published a college ranking in 1983, the rankings industry has become a self-appointed judge, declaring winners and losers among America's colleges and universities. In this revealing account, Colin Diver shows how popular rankings have induced college applicants to focus solely on pedigree and prestige, while tempting educators to sacrifice academic integrity for short-term competitive advantage. By forcing colleges into standardized "best-college" hierarchies, he argues, rankings have threatened the institutional diversity, intellectual rigor, and social mobility that is the genius of American higher education.

  As a former university administrator who refused to play the game, Diver leads his readers on an engaging journey through the mysteries of college rankings, admissions, financial aid, spending policies, and academic practices. He explains how most dominant college rankings perpetuate views of higher education as a purely consumer good susceptible to unidimensional measures of brand value and prestige. Many rankings, he asserts, also undermine the moral authority of higher education by encouraging various forms of distorted behavior, misrepresentation, and outright cheating by ranked institutions. The recent Varsity Blues admissions scandal, for example, happened in part because affluent parents wanted to get their children into elite schools by any means necessary.

  Explaining what is most useful and important in evaluating colleges, Diver offers both college applicants and educators a guide to pursuing their highest academic goals, freed from the siren song of the "best-college" illusion. Ultimately, he reveals how to break ranks with a rankings industry that misleads its consumers, undermines academic values, and perpetuates social inequality.

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  Constructing Basic Liberties: A Defense of Substantive Due Process

  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.

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  Cases and Materials on Employment Discrimination and Employment Law, the Field as Practiced, 6th ed.

  Michael C. Harper, Samuel Estreicher, and Zachary Fasman

  This casebook provides considerable flexibility for an instructor teaching employment discrimination law, employment law, or a combination of both topics. It includes an in-depth treatment of Title VII, the ADA, and the ADEA, as well as chapters on sexual orientation and gender identity discrimination, affirmative action and retaliation. It introduces the concept of employment-at-will, and contractual and tort-based exceptions. This casebook also provides an overview of laws relating to workplace injuries, as well as chapters on wage and hour law, compensation discrimination, and employee classification or misclassification. It also includes a chapter on employee duties to the employer. A chapter on privacy reflects recent legislative initiatives at the state level, and an analysis of electronic intrusions by the employer. Professors Estreicher and Harper both served as Reporters for the Restatement on Employment Law and Zachary D. Fasman adds 50 years of practical experience in major law firms.
  
  Cases are accompanied by explanatory notes and questions for further discussion. A separate Statutory Supplement provides primary source material for use with this book.

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  Breached!: Why Data Security Law Fails and How to Improve It

  Woodrow Hartzog and Daniel Solove

  Digital connections permeate our lives—and so do data breaches. Given that we must be online for basic communication, finance, healthcare, and more, it is remarkable how difficult it is to secure our personal information. Despite the passage of many data security laws, data breaches are increasing at a record pace. In their book, BREACHED! WHY DATA SECURITY LAW FAILS AND HOW TO IMPROVE IT (Oxford University Press 2022), Professors Daniel Solove and Woodrow Hartzog argue that the law fails because, ironically, it focuses too much on the breach itself.
  
  Drawing insights from many fascinating stories about data breaches, Solove and Hartzog show how major breaches could have been prevented or mitigated through better rules and often inexpensive, non-cumbersome means. They also reveal why the current law is counterproductive. It pummels organizations that have suffered a breach but doesn’t recognize how others contribute to the breach. These outside actors include software companies that create vulnerable software, device companies that make insecure devices, government policymakers who write regulations that increase security risks, organizations that train people to engage in risky behaviors, and more.
  
  Although humans are the weakest link for data security, the law remains oblivious to the fact that policies and technologies are often designed with a poor understanding of human behavior. BREACHED! sets forth a holistic vision for data security law—one that holds all actors accountable, understands security broadly and in relationship to privacy, looks to prevention and mitigation rather than reaction, and is designed with people in mind. The book closes with a roadmap for how we can reboot law and policy surrounding data security.
  
  
  

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  Corporations in 100 Pages (3rd. Ed.)

  Scott Hirst, Holger Spamann, and Gabriel Rauterberg

  This book is a primer on corporate law for law students and anyone else desiring a first course in corporate law. The book provides a self-contained, accessible presentation of the field’s essentials: what corporations are, how they are governed, their interactions with their investors and other stakeholders, major transactions (M&A), and parallels with alternative entities including partnerships; optional background chapters cover the investor eco-system, corporate governance, and corporate finance. The book’s exposition of doctrine and policy is nuanced and sophisticated yet short and simple enough for a quick read.

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  The Only Woman in the Room: Golda Meir and Her Path to Power

  Pnina Lahav

  In this authoritative and empathetic biography, Pnina Lahav reexamines the life of Golda Meir (1898–1978) through a feminist lens, focusing on her recurring role as a woman standing alone among men. The Only Woman in the Room is the first book to contend with Meir’s full identity as a woman, Jew, Zionist leader, and one of the founders of Israel, providing a richer portrait of her persona and legacy.
  
  Meir, Lahav shows, deftly deflected misogyny as she traveled the path to becoming Israel’s fourth, and only female, prime minister, from 1969 to 1974. Lahav revisits the youthful encounters that forged Meir’s passion for socialist Zionism and reassesses her decision to separate from her husband and leave her children in the care of others. Enduring humiliation and derision from her colleagues, Meir nevertheless led in establishing Israel as a welfare state where social security, workers’ rights, and maternity leave became law. Lahav looks at the challenges that beset Meir’s premiership, particularly the disastrous Yom Kippur War, which led to her resignation and withdrawal from politics, as well as Meir’s bitter duel with feminist and civil rights leader Shulamit Aloni, Meir’s complex relationship with the Israeli and American feminist movements, and the politics that led her to distance herself from feminism altogether.
  
  Exploring the tensions between Meir’s personal and political identities, The Only Woman in the Room provides a groundbreaking new account of Meir’s life while also illuminating the difficulties all women face as they try to ascend in male-dominated fields.

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  Federal Administrative Law, 9th ed.

  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.

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  Professional Responsibility for Business Lawyers

  Nancy J. Moore

  Professional Responsibility casebook with a focus on business and transactional lawyers.

  Authored by Nancy Moore, a highly visible and respected scholar and teacher in Professional Responsibility, this new casebook covers the fundamental components of a traditional Professional Responsibility course with a focus on how these issues arise in a transactional business law practice. It is designed for use in either a two- or three-credit basic course in Professional Responsibility course or an advanced course or seminar specifically on PR in business and transactional law. The traditional pedagogical approach uses a mixture of narrative and descriptive content, edited cases and ethics opinions, discussion questions, and problems.

  Professors and students will benefit from:

  • A basic introduction to professional responsibility, with a focus on business and transactional lawyers
  • Thorough explanations of rules and concepts
  • Cases carefully edited to clarify the court’s discussion of ethical issues relevant to the chapter topics
  • Textual material provides a foundational understanding of the fundamental topics, allowing the instructor to focus on more difficult material during class time
  • Notes and questions highlight important aspects of each case and prepare students for class discussion
  • Review problems at the end of each chapter – provide a brief overview of material already covered and help students prepare for the exam
  • Appropriate not only for future transactional lawyers, but also for future litigators
  • The instructor can choose to place or more or less emphasis on the transactional components of the casebook

  Teaching materials include:

  • Teacher’s Manual
  • PowerPoint slides (available from the author upon request)

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  Critical Race Judgments: Rewritten U.S. Court Opinions on Race and Law

  Angela Onwuachi-Willig and Jonathan Feingold

  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.

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  Against Progress: Intellectual Property and Fundamental Values in the Internet Age

  Jessica Silbey

  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.

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  Massachusetts Health and Hospital Law Manual: Third Edition

  Lawrence Vernaglia

  Taking an interdisciplinary, industry-based approach, MCLE's Massachusetts Health and Hospital Law Manual presents the many business and legal issues facing health care providers, payors, and other participants in the health care industry, along with the regulators overseeing them. This comprehensive manual focuses on health care delivery in its legal, business, regulatory, advocacy and personal aspects. Practice pointers and hypotheticals provide concrete guidance as you navigate the federalization, consolidation, bureaucratization, and increasing regulation of this dynamic area of practice.

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  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.

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  Race, Rights, and Redemption: The Derrick Bell Lectures on the Law and Critical Race Theory

  Jasmine Gonzales Rose and Angela Onwuachi-Willig

  Leading legal lights weigh in on key issues of race and the law—collected in honor of one of the originators of critical race theory

  “Penetrating essays on race and social stratification within policing and the law, in honor of pioneering scholar Derrick Bell.”
  —Kirkus Reviews (starred review)

  When Derrick Bell, one of the originators of critical race theory, turned sixty-five, his wife founded a lecture series with leading scholars, including critical race theorists, many of them Bell’s former students. Now these lectures, given over the course of twenty-five years, are collected for the first time in a volume Library Journal calls “potent” and Kirkus Reviews, in a starred review, says “powerfully acknowledge[s] the persistence of structural racism.”

  “To what extent does equal protection protect?” asks Ian Haney López in a penetrating analysis of the gaps that remain in our civil rights legal codes. Sherrilyn Ifill, president and director-counsel of the NAACP Legal Defense Fund, describes the hypersegregation of our cities and the limits of the law’s ability to change deep-seated attitudes about race. Patricia J. Williams explores the legacy of slavery in the law’s current constructions of sanity. Anita Allen discusses competing privacy and accountability interests in the lives of African American celebrities. Chuck Lawrence interrogates the judicial backlash against affirmative action. And Michelle Alexander describes what caused her to break ranks with the civil rights community and take up the cause of those our legal system has labeled unworthy.

  Race, Rights, and Redemption (which was originally published in hardcover under the title Carving Out a Humanity) gathers some of our country’s brightest progressive legal stars in a volume that illuminates facets of the law that have continued to perpetuate racial inequality and to confound our nation at the start of a new millennium.

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  Labor Law: Cases and Materials, 9th ed.

  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.

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  Labor Law: Selected Statutes, Forms, and Agreements, 2021

  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

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  American Legislative Practice

  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.

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  Corporations in 100 Pages (2nd Edition)

  Holger Spamann, Scott Hirst, and Gabriel Rauterberg

  This book is a primer on corporate law for law students and anyone else interested in the foundations of corporate law. The book provides a self-contained, accessible presentation of the field’s essentials: what corporations are, how they are governed, their interactions with their investors and other stakeholders, major transactions (M&A), and parallels with alternative entities including partnerships. Optional background chapters cover the investor ecosystem, contemporary corporate governance, and corporate finance. The book’s exposition of doctrine and policy is nuanced and sophisticated yet short and simple enough for a quick read.

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  Clinical Research Compliance Manual: An Administrative Guide, Fourth Edition

  Lawrence Vernaglia, Monica R. Chmielewski, and Kyle Y. Faget

  Clinical Research Compliance Manual: An Administrative Guide, Fourth Edition

  For anyone receiving or applying for clinical research funding, Clinical Research Compliance Manual: An Administrative Guide covers today's most crucial topics, including:

  • Human subject protections
  • Institutional Review Board regulations and requirements
  • Conflicts of interest
  • Scientific misconduct
  • Reimbursement issues
  • And much more!

  Clinical Research Compliance Manual helps you establish best practices and carry out all administrative tasks in a compliant manner while keeping you completely up-to-date on the most recent developments:

  • Covers the major clinical research issues - with chapters written by experts in the field
  • Provides legal explanations of the major regulatory issues in an easy-to-understand format
  • Includes summaries of federal regulatory agencies, analysis of major cases, flowcharts, checklists, and footnotes to compliance program development, auditing and monitoring

  Clinical Research Compliance Manual has been updated to include:

  • Discussion on the revised Common Rule
  • Analysis of enforcement of the May 25, 2018 GDPR
  • New information on HHS’s updated informed consent in human subject research regulations commonly referred to as the “2018 Rules”
  • Updated sections on NIH Supported Clinical Research, including a discussion of recent changes made to the Bayh-Dole Act of 1980
  • Revised sections on the categorization of medical devices as it pertains to reimbursement

  And much more!

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  Emanuel Law Outlines for Administrative Law, 5th ed.

  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.

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  Inside Administrative Law: What Matters and Why, Second Edition

  Jack M. Beermann

  Inside Administrative Law: What Matters and Why is a comprehensive, in-depth yet clear and readable study of Administrative Law, designed to help motivated students succeed in Administrative Law courses and all courses touching on the regulatory state and separation of powers. Written by a distinguished teacher with more than thirty years of experience teaching Administrative Law in law schools in the United States and abroad, it is written and designed with law students’ needs in mind. Inside Administrative Law is the perfect supplement to any casebook, with extensive coverage of separation of powers, availability and standards of judicial review, constitutional due process, adjudicatory and rulemaking procedures, freedom of information and alternatives to traditional judicial review including private remedies for regulatory violations. Inside Administrative Law is user-friendly for law students and practitioners who need a concise reference on Administrative Law concepts.

  New to the Second Edition:

  • Edited for improved readability throughout with the needs of Administrative Law students in mind
  • Discussion of all major new Supreme Court decisions on Administrative Law, including cases involving the Affordable Care Act, exceptions to the Freedom of Information Act, the appointment and removal of agency officials including Administrative Law Judges, doctrines governing judicial deference to agency decisions, and the procedural requirements for agency rulemaking
  • Updated and expanded coverage of separation of powers, especially focusing on the President’s appointment and removal powers and the legality of Executive Orders and similar unilateral presidential actions
  • Expanded coverage of the reviewability of agency action, including focus on the availability of judicial review of the revocation of the Deferred Action immigration programs
  • Updated and expanded coverage of standing to seek judicial review
  • Expanded coverage of the Chevron doctrine and its "major questions" exception
  • Discussion of Department of Commerce v. New York, a 2019 Supreme Court decision in which the Court rejected the Secretary of Commerce’s decision to add a citizenship question to the 2020 census as based on pretextual reasons
  • Discussion of the controversy over nationwide injunctions
  • Updated coverage of the use of cost-benefit analysis in agency decision-making
  • Additional material on formal adjudicatory hearings and their statutory requirements
  • Updated coverage of federal preemption of state law

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  The U.S. Constitution: Creation, Reconstructions, the Progressives, and the Modern Era

  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.

• 

  Administrative Law: Cases and Materials, 8th ed.

  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.

• 

  The Color Line: A Short Introduction

  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.

• 

  Who's the Bigot?: Learning from Conflicts over Marriage and Civil Rights Law

  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.

• 

  Law and Popular Culture: A Course Book (3rd edition)

  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.

• 

  Corporations in 100 Pages

  Holger Spamann, Scott Hirst, and Gabriel Rauterberg

  This book is a primer on corporate law for law students and anyone else interested in the foundations of corporate law. The book provides a self-contained, accessible presentation of the field’s essentials: what corporations are, how they are governed, their interactions with their investors and other stakeholders, major transactions (M&A), and parallels with alternative entities including partnerships. Optional background chapters cover the investor ecosystem, contemporary corporate governance, and corporate finance. The book’s exposition of doctrine and policy is nuanced and sophisticated yet short and simple enough for a quick read.

• 

  Contemporary Family Law, 5th ed.

  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.

• 

  Copyright in a Global Information Economy, Fifth Edition

  Julie E. Cohen, Lydia Pallas Loren, Ruth L. Okediji, and Maureen O'Rourke

  Copyright in a Global Information Economy, Fifth Edition provides both comprehensive topic coverage and integrated treatment of doctrinal, theoretical, international, and policy questions. It seamlessly facilitates a variety of teaching styles and preferences ranging from the more theoretical to the more practice-oriented. Each section includes practice exercises that enable students to apply what they have learned and to practice skills relating to advocacy, drafting, and client counseling.

  New to the Fifth Edition:

  • Updated and streamlined introductory materials on copyright’s context and justifications
  • Revised coverage of doctrines relating to authorship and copying in fact to emphasize problems that arise in organizational settings
  • Coverage of the Music Modernization Act of 2018 and its implications for the specialized system of music copyright rules
  • New case law on the extent of online service providers’ duty to maintain and implement procedures for terminating accounts of repeat infringers
  • Coverage of the European Union’s Digital Single Market directive and its implications for online service provider obligations to copyright holders
  • Revised coverage of materials relating to termination of transfers to reflect current controversies

• 

  Cases and Materials for an Introduction to American Law

  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.

• 

  Living in Different Cultures

  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.

• 

  Federal Administrative Law, 8th ed.

  Gary S. Lawson

• 

  Deference: The Legal Concept and the Legal Practice

  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.

• 

  Public Health Law, 3rd ed.

  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.

• 

  American Constitutional Interpretation, 6th ed.

  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.

• 

  Exposed: Why Our Health Insurance is Incomplete and What Can Be Done About it

  Christopher Robertson

  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.

• 

  Trial Films on Trial

  Jessica Silbey

  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.

• 

  Practical Equality: Forging Justice in a Divided Nation

  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.

• 

  Sports and the Law, 6th ed.

  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.

• 

  Institutional Self-Regulation (Compliance)

  Tamar Frankel

  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.