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  Privacy’s Blueprint: The Battle to Control the Design of New Technologies

  Woodrow Hartzog

  Every day, Internet users interact with technologies designed to undermine their privacy. Social media apps, surveillance technologies, and the Internet of Things are all built in ways that make it hard to guard personal information. And the law says this is okay because it is up to users to protect themselves—even when the odds are deliberately stacked against them.

  In Privacy’s Blueprint, Woodrow Hartzog pushes back against this state of affairs, arguing that the law should require software and hardware makers to respect privacy in the design of their products. Current legal doctrine treats technology as though it were value-neutral: only the user decides whether it functions for good or ill. But this is not so. As Hartzog explains, popular digital tools are designed to expose people and manipulate users into disclosing personal information.

  Against the often self-serving optimism of Silicon Valley and the inertia of tech evangelism, Hartzog contends that privacy gains will come from better rules for products, not users. The current model of regulating use fosters exploitation. Privacy’s Blueprint aims to correct this by developing the theoretical underpinnings of a new kind of privacy law responsive to the way people actually perceive and use digital technologies. The law can demand encryption. It can prohibit malicious interfaces that deceive users and leave them vulnerable. It can require safeguards against abuses of biometric surveillance. It can, in short, make the technology itself worthy of our trust.

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  The Law of American Health Care, 2nd ed.

  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.

  Key Features:

  • 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

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  International Arbitration in the United States

  Victoria Sahani

  About this book:

  International Arbitration in the United States is a comprehensive analysis of international arbitration law and practice in the United States (U.S.). Choosing an arbitration seat in the U.S. is a common choice among parties to international commercial agreements or treaties. However, the complexities of arbitrating in a federal system, and the continuing development of U.S. arbitration law and practice, can be daunting to even experienced arbitrators. This book, the first of its kind, provides parties opting for “private justice” with vital judicial reassurance on U.S. courts’ highly supportive posture in enforcing awards and its pronounced reluctance to intervene in the arbitral process.

  What’s in this book:

  With a nationwide treatment describing both the default forum under federal arbitration law and the array of options to which parties may agree in state courts under state international arbitration statutes, this book covers aspects of U.S. arbitration law and practice as the following:

  • institutions and institutional rules that practitioners typically use;
  • ethical considerations;
  • costs and fees;
  • provisional measures; and
  • confidentiality.

  There are also chapters on arbitration in specialized areas such as class actions, securities, construction, insurance, and intellectual property.

  How this will help you:

  As a topical reach that gives a wide perspective on the practice of international arbitration in the U.S., this book helps practitioners to conduct and navigate an international arbitration in the U.S. confidently. The in-depth discussion of law of international arbitration, including legal framework applicable in the U.S. in each stage of arbitration, from drafting of arbitration agreements to enforcement of arbitration awards, has not been attempted by any other publication. This book, thus, serves as an invaluable resource to both U.S. and non-U.S. lawyers for conducting arbitration on U.S.

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  The Case for an International Court of Civil Justice

  Maya Steinitz

  When multinational corporations cause mass harms to lives, livelihoods, and the environment in developing countries, it is nearly impossible for victims to find a court that can and will issue an enforceable judgment. In this work, Professor Maya Steinitz presents a detailed rationale for the creation of an International Court of Civil Justice (ICCJ) to hear such transnational mass tort cases. The world's legal systems were not designed to solve these kinds of complex transnational disputes, and the absence of mechanisms to ensure coordination means that victims try, but fail, to find justice in country after country, court after court. The Case for an International Court of Civil Justice explains how an ICCJ would provide victims with access to justice and corporate defendants with a non-corrupt forum and an end to the cost and uncertainty of unending litigation - more efficiently resolving the most complicated types of civil litigation.

  • Addresses a global audience of scholars, students, lawyers, and general educated readership
  • Readers will learn about the history of the problem and this possible solution through easy-to-understand stories set in India, Ecuador and Nigeria
  • Provides highly sophisticated legal analysis of global access to justice deficit in transnational mass tort cases as well as detailed, workable plans for the new international court

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  Research Handbook on Behavioral Law and Economics

  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.

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  Research Handbook on Representative Shareholder Litigation

  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.

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  The Rise of the Working-Class Shareholder: Labor’s Last Best Weapon

  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.

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  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.

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  Habermas and Law

  Hugh Baxter

  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.

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  Third-Party Funding in International Arbitration, Second Edition

  Lisa Bench Nieuwveld and Victoria Sahani

  About this book:

  Third-Party Funding in International Arbitration expertly reveals the nuances of third-party funding in international arbitration, examines the phenomenon in key jurisdictions, and provides a reliable resource for users and potential users who may wish to tap into and make use of this distinctive funding tool. Since the first edition of this invaluable book in 2012, third-party funding has become more mainstream in international arbitration practice. The second edition includes discussion of recent institutional developments as they relate to third-party funding, including the work of the ICCA-Queen Mary Task Force on third-party funding and how third-party funding is being incorporated into arbitral rules and investment treaties.

  What’s in this book:

  Focusing on Australia, the United Kingdom, the United States, Germany, the Netherlands, Canada, and South Africa, the authors analyze and assess the legal regime based upon legislation, judicial opinions, ethics opinions, and practitioner anecdotes describing the state of third-party funding in each jurisdiction. In addition to updating summaries of the law of the various jurisdictions, the second edition includes a new chapter addressing third-party funding in investor-state arbitration. Among the issues raised and examined are the following:

  • payment of adverse costs;
  • “Before-the-Event” and “After-the-Event” insurance;
  • attorney financing: pro bono representation, contingency representation, conditional fee arrangements;
  • loans;
  • ethical doctrines affecting the third-party funding industry;
  • possible future bundling, securitization, and trading of legal claims;
  • the risk that the funder may put its own interests ahead of the client’s interests; and
  • whether the existence of a funding agreement must or should be disclosed to the decision maker.

  This updated book is well written and covers an interesting, topical, and previously unexplored aspect of international arbitration, and it concludes with observations regarding third-party funding in international investment arbitration and predictions regarding the future of the third-party funding industry worldwide.

  How this will help you:

  This book ensures appropriate legal knowledge of worldwide jurisdictions’ treatment of third-party funders and proceeds confidently through the maze of unresolved ethical considerations that arise when third-party funding is involved. Ably providing a thorough understanding of what third-party funding entails and what legal parameters exist, this book will be of compelling interest to parties aiming to take advantage of the high values, speed, reduced evidentiary costs, industry expertise, and high award enforceability characteristic of the third-party funding arrangements available in international arbitration.

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  Social Enterprise: Law Trust, Public Benefit and Capital Markets

  Dana Brakman Reiser and Steven Dean

  Social enterprises represent a new kind of venture, dedicated to pursuing profits for owners and benefits for society. Social Enterprise Law provides tools that will allow them to raise the capital they need to flourish.
  
  Social Enterprise Law weaves innovation in contract and corporate governance into powerful protections against insiders sacrificing goals such as environmental sustainability in the pursuit of short-term profits. Creating a stable balance between financial returns and public benefits will allow social entrepreneurs to team up with impact investors that share their vision of a double bottom line. Brakman Reiser and Dean show how novel legal technologies can allow social enterprises to access capital markets, including unconventional sources such as crowdfunding. With its straightforward insights into complex areas of the law, the book shows how a social mission can even be shielded from the turbulence of an acquisition or bankruptcy. It also shows why, as the metrics available to measure the impact of social missions on individuals and communities become more sophisticated, such legal innovations will continue to become more robust.
  
  By providing a comprehensive survey of the U.S. laws and a bold vision for how legal institutions across the globe could be reformed, this book offers new insights and approaches to help social enterprises raise the capital they need to flourish. It offers a rich guide for students, entrepreneurs, investors, and practitioners.

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  The Poverty of Privacy Rights

  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.

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  Federal Taxation of Corporations and Corporate Transactions

  Steven Dean and Bradley Borden

  Federal Taxation of Corporations and Corporate Transactions by Bradley Borden and Steven Dean provides a comprehensive examination of tax principles with a unique practice-oriented approach to help students become practice ready with skills that they have developed in a setting that reflects practice in the real world.

  The casebook introduces students not only to transactional tax practice and the federal tax penalty regime, but also to the rules of professional ethics and the specific rules that govern professionals who practice tax law. It features an array of Deal Downloads that breathe life into complex material, presenting high profile transactions involving Amazon, Apple, Ford and others.

  This first edition will have a separately sold Client File supplement, which provides memoranda that require students to analyze the Deal Download transactions and to employ them as precedents to structure acquisitions, investments, and distributions for a hypothetical client.

  Key Features:

  • Client files that are designed to help students learn the law in a practice-like setting.
  • Extensive commentary about tax principles and cites to statutes, cases, regulations, and rulings that the students must study to fully learn the material.
  • Chapter 9, where students will learn about the transaction that heralded the return of Steve Jobs to Apple in the 1990s and paved the way for the company’s subsequent dominant run.
  • An examination of issues posed by classic cases, by focusing on the language of the underlying deal documents, and by learning how to solve clients’ problems before they are set in stone.
  • A teachers’ manual that will guide professors through the Client File problems and the materials students will use to provide answers to their hypothetical client.

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  Environmental Protection: What Everyone Needs to Know

  Pamela Hill

  Although climate change and pollution make near-daily appearances in the news, humans have not always recognized that the environment needs to be protected. Only after the publication of Rachel Carson's Silent Spring in 1962 did environmental protection became a political and social priority.
  
  In Environmental Protection: What Everyone Needs to Know®, environmental lawyer Pamela Hill offers clear, engaging answers to some of the most pressing questions facing us today. She discusses the science behind current environmental issues, defining key terms such as ecosystems, pollutants, and endocrine disruptors. Hill explains why our environment needs protection, using examples from history and current events, from the Irish potato famine to the BP oil spill in the Gulf of Mexico and the drinking water crisis in Flint, Michigan. She also assesses the effectiveness of landmark laws and treaties, including the Clean Air Act, the Endangered Species Act, and the Kyoto Protocol.
  
  To what extent is it acceptable to rank human interests over ecological interests? And is it fair to ask developing countries to reduce emissions, even though they bear little responsibility for our current environmental problems? Hill identifies the greatest environmental threats we are facing today and suggests what we need to do as citizens, businesspeople, and lawmakers to protect the environment for each other and for future generations.

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  Evidence of the Law: Proving Legal Claims

  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.

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  “A Great Power of Attorney”: Understanding the Fiduciary Constitution

  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.

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  Federal Courts: The Current Questions

  Larry Yackle

  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.

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  Emanuel Crunchtime for Administrative Law, 4th ed.

  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.

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  Emanuel Law Outlines for Administrative Law, 4th 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 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.

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  Texts and Contexts in Legal History: Essays in Honor of Charles Donahue

  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.

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  Cases and Materials on Discovery Practice in the Federal Courts, 3rd Edition

  Stephen M. Donweber

  This new edition of Cases and Materials on Discovery Practice in the Federal Courts contains detailed analysis of the 2015 amendments to the Federal Rules of Civil Procedure as they pertain to discovery. This edition also includes a sampling of the latest cases on proportionality, discovery of social media information, discovery from mobile devices, and the preservation of ESI and the imposition of sanctions under new Rule 37(e). *** Discovery is the voluntary exchange of information between the parties during the course of litigation. It is commonly accepted now, but it is not an ancient practice by any means. Rather, it is only since 1938, with the adoption of the Federal Rules of Civil Procedure, that there has been liberal discovery in the federal courts. Prior to that time, discovery in the federal courts was severely limited, and, even as the federal rules were being drafted in the mid-1930s, many members of the bench and bar very much wanted to keep it that way. They feared (perhaps rightly) that any liberalization of discovery would result in the proliferation of the much dreaded "fishing expedition," where a party was permitted to poke around willy-nilly in the opposing party's files. Indeed, the "fishing expedition" bugaboo had haunted the profession for generations, effectively preventing any loosening of the restrictions on discovery. The problem, however, for the anti-"fishing expedition" crowd at least, was that the structure of the new rules almost mandated liberal discovery. It was a major goal of the rules' drafters to shift the pleadings phase of the litigation away from the establishment of facts and the narrowing of issues (as had been the purposes of the pleadings at common law) toward the simple provision of "notice" of the parties' claims and defenses. This shift had profound ramifications. As the new rules restricted the pleadings to the narrow role of providing notice, there arose the need for another mechanism to facilitate factual development and narrowing of issues. The mechanism the drafters chose was liberal discovery, and it was to be controlled by Rules 26-37.

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  Federal Civil Practice, 2016 Edition

  Stephen M. Donweber

  Knowledge of the Federal Rules of Civil Procedure is essential for any federal litigator. Federal Civil Practice takes a step-by-step approach to federal practice, discussing the intricacies of federal civil procedure and providing key insights on applicable rules. Understanding the timeline of a case in this manner is vital for all litigators. Indeed, the only way to be proactive, rather than simply reactive, in litigating a case is to know what is going to happen in the next stage, and in the next stage after that, and so on. When you know what's going to happen next, you can plan your strategy and tactics more effectively. Planning how to litigate a case is just as important as actually litigating it. Federal Civil Practice goes beyond simple explanations of the Federal Rules of Civil Procedure and helps you plan your litigation strategy and tactics.

  Even before a complaint is filed, the Federal Rules play a significant role in litigation. Federal Civil Practice helps you understand the "Preliminary Considerations' you should think about prior to filing, such as conducting an investigation pursuant to Rule 11, choosing a forum, and conducting legal research. Federal Civil Practice also discusses "Key Details" which are seemingly small, but nevertheless important, as well as pre-trial conferences, discovery practice, and summary judgment. Federal Civil Practice will benefit new and seasoned attorneys alike.

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  Cases and Materials on Employment Law, the Field as Practiced, 5th ed.

  Samuel Estreicher, Michael C. Harper, and Elizabeth Tippett

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

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  Gay Rights and the Constitution

  James E. Fleming, Linda C. McClain, Stephen Macedo, and Sotirios A. Barber

  Considerably shorter than other casebooks, this accessible and engaging title focuses on the controversies over constitutional interpretation leading up to the United States Supreme Court's holdings in Lawrence v. Texas (2003) and Obergefell v. Hodges (2015): namely, that the Constitution's commitments to liberty and equal protection encompass rights of same-sex intimacy and marriage. It also takes up emerging conflicts between protection of constitutional rights for gay men and lesbians, on the one hand, and First Amendment claims of freedom of association and religious liberty by persons who oppose protection of such rights, on the other. This book will be suitable as either the basic text of a one-semester course or as a supplementary text for courses in civil liberties.
  
  With five original scholarly essays written by esteemed constitutional scholars, this book looks beyond judicial doctrine and asks whether the current constitutional status of gay rights is consistent with principles that trace back to the American Founding and the Civil War Amendments and that continue to animate American politics.

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  The Regulation of Money Managers: Mutual Funds and Advisors, 3rd ed.

  Tamar Frankel and Arthur B. Laby

  Widely regarded as the most comprehensive and penetrating analysis of the regulation surrounding investment advisers and companies, The Regulation of Money Managers, Third Edition provides unsurpassed guidance for legal counsel in the field.

  Newly revised in a four-volume looseleaf format, The Regulation of Money Managers, Third Edition keeps you up-to-date with all significant new and proposed SEC rules, no-action letters, and interpretive releases, as well as important cases and relevant regulation from other agencies. The Third Edition adds three new chapters on compliance, exchange-traded funds, and the extraterritorial regulation of investment advisers and investment companies.

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  Cases and Materials on Employment Discrimination and Employment Law: The Field as Practiced, 5th ed.

  Michael C. Harper, Samuel Estreicher, and Elizabeth Tippett

  Coauthored by two reporters from the recently released Restatement on Employment Law and Professor Tippett from the University of Oregon, 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 a new chapter on discrimination against sexual minorities. 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 and employee benefits, as well as chapters on wage and hour law 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.
  
  Interspersed throughout are excerpts from the Restatement of Employment Law and “Practitioner Perspectives,” in which leading practitioners describe their day-to-day work and area of specialization. Cases are accompanied by notes that test a student’s basic understanding of the material (labeled “Test Your Understanding of the Material”), as well as informative notes providing context.

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  Cases and Materials on Employment Discrimination: The Field as Practiced, 5th ed.

  Michael C. Harper, Samuel Estreicher, and Elizabeth Tippett

  Coauthored by two reporters from the recently released Restatement on Employment Law and Professor Tippett from the University of Oregon, this casebook provides rigorous coverage of all major areas of employment discrimination law. It includes chapters examining disparate treatment and disparate impact under Title VII and the ADEA. The casebook covers sex discrimination in depth, and includes a new chapter on discrimination against sexual minorities. A separate chapter is devoted to the ADA and the duty of reasonable accommodation. The casebook also examines religious discrimination, affirmative action, and retaliation for the assertion of statutory rights.
  
  Interspersed throughout are excerpts from the Restatement of Employment Law and “Practitioner Perspectives,” in which leading practitioners describe their day-to-day work and area of specialization. Cases are accompanied by notes that test a student’s basic understanding of the material (labeled “Test Your Understanding of the Material”), as well as informative notes providing context.

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  The Law of American Health Care

  Nicole Huberfeld, Elizabeth Weeks Leonard, and Kevin Outterson

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  Tort Law: A Modern Perspective

  Keith N. Hylton

  Tort Law: A Modern Perspective is an advanced yet accessible introduction to tort law for lawyers, law students, and others. Reflecting the way tort law is taught today, it explains the cases and legal doctrines commonly found in casebooks using modern ideas about public policy, economics, and philosophy. With an emphasis on policy rationales, Tort Law encourages readers to think critically about the justifications for legal doctrines. Although the topic of torts is specific, the conceptual approach should pay dividends to those who are interested broadly in regulatory policy and the role of law. Incorporating three decades of advancements in tort scholarship, Tort Law is the textbook for modern torts classrooms.

  • Completely up to date with developments in modern tort law
  • Introduces students to analytical tools such as cost-benefit analysis, basic game theory, and present value calculations
  • Develops critical thinking skills through nuanced discussion of policy rationales

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  Federal Administrative Law, 7th 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 in order to provide the fundamental knowledge and concepts necessary to understand the subject, on the belief that an understanding of federal law can be translated into other settings. The book also maintains the straightforward organization and don’t-hide-the-ball presentation that has characterized the book since its inception. The Seventh Edition contains five new principal cases, eight major new note cases, ten shorter new note cases, and updated treatments of all major topics. It also includes a revised Chapter I that includes an extended treatment of statutory interpretation to accommodate the increasing inclusion of Administrative Law in the first-year curriculum.

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  Blinding as a Solution to Bias: Strengthening Biomedical Science, Forensic Science, and Law

  Christopher Robertson and Aaron S. Kesselheim

  What information should jurors have during court proceedings to render a just decision? Should politicians know who is donating money to their campaigns? Will scientists draw biased conclusions about drug efficacy when they know more about the patient or study population? The potential for bias in decision-making by physicians, lawyers, politicians, and scientists has been recognized for hundreds of years and drawn attention from media and scholars seeking to understand the role that conflicts of interests and other psychological processes play. However, commonly proposed solutions to biased decision-making, such as transparency (disclosing conflicts) or exclusion (avoiding conflicts) do not directly solve the underlying problem of bias and may have unintended consequences. Robertson and Kesselheim bring together a renowned group of interdisciplinary scholars to consider another way to reduce the risk of biased decision-making: blinding. What are the advantages and limitations of blinding? How can we quantify the biases in unblinded research? Can we develop new ways to blind decision-makers? What are the ethical problems with withholding information from decision-makers in the course of blinding? How can blinding be adapted to legal and scientific procedures and in institutions not previously open to this approach? Fundamentally, these sorts of questions—about who needs to know what—open new doors of inquiry for the design of scientific research studies, regulatory institutions, and courts. The volume surveys the theory, practice, and future of blinding, drawing upon leading authors with a diverse range of methodologies and areas of expertise, including forensic sciences, medicine, law, philosophy, economics, psychology, sociology, and statistics.

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  Foreign Affairs Federalism: The Myth of National Exclusivity

  Robert D. Sloane and Michael J. Glennon

  Challenging the myth that the federal government exercises exclusive control over U.S. foreign-policymaking, Michael J. Glennon and Robert D. Sloane propose that we recognize the prominent role that states and cities now play in that realm. Foreign Affairs Federalism provides the first comprehensive study of the constitutional law and practice of federalism in the conduct of U.S. foreign relations. It could hardly be timelier. States and cities recently have limited greenhouse gas emissions, declared nuclear free zones and sanctuaries for undocumented immigrants, established thousands of sister-city relationships, set up informal diplomatic offices abroad, and sanctioned oppressive foreign governments. Exploring the implications of these and other initiatives, this book argues that the national interest cannot be advanced internationally by Washington alone. Glennon and Sloane examine in detail the considerable foreign affairs powers retained by the states under the Constitution and question the need for Congress or the president to step in to provide "one voice" in foreign affairs. They present concrete, realistic ways that the courts can update antiquated federalism precepts and untangle interwoven strands of international law, federal law, and state law. The result is a lucid, incisive, and up-to-date analysis of the rules that empower-and limit-states and cities abroad.

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  Bankruptcy and Corporate Reorganization, Legal and Financial Materials, 4th ed.

  Frederick Tung and Mark J. Roe

  This casebook for a basic bankruptcy course takes a deal-oriented finance approach to bankruptcy, with a focus on business bankruptcy. The student will not only learn the major elements of bankruptcy and corporate reorganization in chapter 11 of the Bankruptcy Code, but also the major facets of bankruptcy that influence financing transactions. The hidden message behind these materials is how to understand complex financial deal-making and how to integrate finance with law, in the context of bankruptcy.

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  When God is Not Green: A World-wide Journey to Places Where Religious Practice and Environmentalism Collide

  Jay D. Wexler

  In this lively, round-the-world trip, law professor and humorist Jay Wexler explores the intersection of religion and the environment.
  
  Did you know that

  • In Hong Kong and Singapore, Taoists burn paper money to appease “hungry ghosts,” filling the air with smoke and dangerous toxins?
  • In Mumbai, Hindus carry twenty-foot-tall plaster of Paris idols of the elephant god Ganesh into the sea and leave them on the ocean floor to symbolize the impermanence of life, further polluting the scarce water resources of western India?
  • In Taiwan, Buddhists practicing “mercy release” capture millions of small animals and release them into inappropriate habitats, killing many of the animals and destroying ecosystems?
  • In Central America, palm frond sales to US customers for Palm Sunday celebrations have helped decimate the rain forests of Guatemala and southern Mexico?
  • In New York, Miami, and other large US cities, Santeria followers sprinkle mercury in their apartments to fend off witches, poisoning those homes for years to come?
  • In Israel, on Lag B’omer, a holiday commemorating a famous rabbi, Jews make so many bonfires that the smoke can be seen from space, and trips to the emergency room for asthma and other pulmonary conditions spike?

  Law professor and humorist Jay Wexler travels the globe in order to understand the complexity of these problems and learn how society can best address them. He feasts on whale blubber in northern Alaska, bumps along in the back of a battered jeep in Guatemala, clambers down the crowded beaches of Mumbai, and learns how to pluck a dead eagle in Colorado, all to answer the question “Can religious practice and environmental protection coexist?”

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  Contemporary Family Law, 4th ed.

  Douglas E. Abrams, Naomi R. Cahn, Catherine J. Ross, David D. Meyer, and Linda C. McClain

  In the fourth edition, all 17 chapters are fully updated to reflect the latest family law developments. Developments based on Obergefell v. Hodges are treated fully throughout the new edition.
  
  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. The book emphasizes that contemporary families take a variety of forms, including marital and nonmarital relationships, and that constitutional considerations play an increasingly important role in family law. The fourth 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. The book introduces the myriad issues central to family law practice and to a lawyer’s ethical and professional responsibilities. New cases have been substituted where appropriate, and the notes following each lead case, statute or article have been thoroughly updated. In addition, new Problems expand the number of opportunities for actively engaging students.
  
  Contemporary Family Law highlights the issues of professional and ethical responsibility that arise in family law, not only by using Problems that invite students to engage in role playing, but also by devoting separate chapters to legal ethics, alternative dispute resolution, and private ordering. While providing a grounding in the historical and contemporary regulation of marriage, the book also devotes chapters to nonmarital couples and to establishing parenthood. The book also emphasizes concrete aspects of legal practice and professional responsibility by, for example, including material at the end of the first chapter on shifting paradigms within family law practice and the roles of family lawyers, by addressing jurisdictional issues in one integrated chapter, and by presenting problems for discussion in each chapter that enable students to apply doctrine in real-life settings that lawyers face.
  
  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.
  
  New and expanded material in the fourth edition includes full treatment of Obergefell v. Hodges (2015), the Supreme Court’s ruling on the fundamental right of same-sex couples to marry and to have every state recognize their marriage, and its ramifications throughout family law. This edition has added a separate chapter on nonmarital couples, including a section on domestic partnerships, civil unions, and other legal statuses in the wake of Obergefell; extensive coverage of debt and family finances, reflecting the current economic climate, as well as new material on how taxes affect families; substantially updated discussion of the impact of gender in child custody decisions and the current legal status of shared parenting; an expanded Section on the Hague Convention; detailed discussion of new and emerging reproductive technologies; and major revisions to the chapter on child support (including recent data on the central role of child support in low-income families). The chapter on private ordering integrates the new Uniform Premarital and Marital Agreements Act.

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  Closing Protection Gaps: Handbook on Protection of Palestinian Refugees in States Signatories to the 1951 Convention

  Susan M. Akram

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  Out of Place, Out of Time: Refugees, Rights and the (Re)Making of Palestine/Israel

  Susan M. Akram and Terry Rempel

  Forced displacement is one of the primary and most visible consequences of the conflict over Palestine/Israel. In this much needed book, Susan M Akram and Terry Rempel examine the role of law and politics in the creation and resolution of one of the largest and most protracted refugee situations in the world today.
  
  The authors review the historical and political background to Palestinian displacement, the situation of refugees in exile and efforts to resolve the issue over more than six decades. Drawing on years of research and advocacy, they examine the legal framework and related state practice governing solutions for refugees worldwide. They also consider the collective and individual rights involved in the Palestinian case and options for solutions from the perspective of global precedent and comprehensive plans of action implemented in comparative mass refugee flows.

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  Administrative Law: Cases and Materials, 7th ed.

  Jack M. Beermann, Colin S. Diver, Ronald A. Cass, and Jody Freeman

  This outstanding author team presents administrative law as a vital force in policymaking, law enactment, and politics.

  Look for these key features of the new edition:

  • Addition of important new cases on recess appointments, Chevron Step Two, “Seminole Rock” deference, occupational licensing, and FOIA Exemption 2
  • Substantial enrichment of materials on formal adjudication under the APA
  • Splitting of the policymaking chapter into two chapters (choice of policymaking instruments and rulemaking) for greater clarity and teaching flexibility
  • Updating and streamlining of the materials on licensing
  • Presentation of important classic and secondary cases in squib format
  • Substantial streamlining, condensing, and reorganizing of background notes

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  Learning by Doing: The Real Connection between Innovation, Wages, and Wealth

  James Bessen

  An important study of the relationship between technology, skills, and economic inequality that answers some of the most pressing economic questions of our time
  
  Today’s great paradox is that we feel the impact of technology everywhere—in our cars, our phones, the supermarket, the doctor’s office—but not in our paychecks. In the past, technological advancements dramatically increased wages, but for three decades now, the median wage has remained stagnant. Machines have taken over much of the work of humans, destroying old jobs while increasing profits for business owners. The threat of ever-widening economic inequality looms, but in Learning by Doing, James Bessen argues that increased inequality is not inevitable.
  
  Workers can benefit by acquiring the knowledge and skills necessary to implement rapidly evolving technologies; unfortunately, this can take years, even decades. Technical knowledge is mostly unstandardized and difficult to acquire, learned through job experience rather than in the classroom. As Bessen explains, the right policies are necessary to provide strong incentives for learning on the job. Politically influential interests have moved policy in the wrong direction recently. Based on economic history as well as analysis of today’s labor markets, his book shows a way to restore broadly shared prosperity.

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  Cases and Materials on Discovery Practice in the Federal Courts, 2nd Edition

  Stephen M. Donweber

  This is a casebook on discovery practice in the federal courts. It is designed for classroom use in law school. The book begins with the History of Discovery, followed by an Introduction to the Federal Rules Regarding Discovery, the Scope of Discovery, Methods of Discovery, Electronic Discovery, and Discovery Abuse and Sanctions. Because the book is designed for use in the classroom, I rely heavily on cases, other primary authority, advisory committee notes, brief excerpts from secondary sources, and the rules themselves. Each case or other authority is preceded by a note where I try to guide the reader with back-ground or questions that I hope highlight the most important aspects of the reading. The book also contains in-depth discussion of the 2015 amendments to the discovery rules.

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  Federal Civil Practice

  Stephen M. Donweber

  Knowledge of the Federal Rules of Civil Procedure is essential for any federal litigator. Federal Civil Practice takes a step-by-step approach to federal practice, discussing the intricacies of federal civil procedure and providing key insights on applicable rules. Understanding the timeline of a case in this manner is vital for all litigators. Indeed, the only way to be proactive, rather than simply reactive, in litigating a case is to know what is going to happen in the next stage, and in the next stage after that, and so on. When you know what's going to happen next, you can plan your strategy and tactics more effectively. Planning how to litigate a case is just as important as actually litigating it. Federal Civil Practice goes beyond simple explanations of the Federal Rules of Civil Procedure and helps you plan your litigation strategy and tactics.

  Even before a complaint is filed, the Federal Rules play a significant role in litigation. Federal Civil Practice helps you understand the "Preliminary Considerations" you should think about prior to filing, such as conducting an investigation pursuant to Rule 11, choosing a forum, and conducting legal research. Federal Civil Practice also discusses "Key Details" which are seemingly small, but nevertheless important, as well as pre-trial conferences, discovery practice, and summary judgment. Federal Civil Practice will benefit new and seasoned attorneys alike.

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  Restatement of the Law Third, Employment Law

  Samuel Estreicher, Matthew T. Bodie, Michael C. Harper, and Stewart J. Schwab

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  Fidelity to Our Imperfect Constitution: For Moral Readings and Against Originalisms

  James E. Fleming

  In recent years, some have asked "Are we all originalists now?" and many have assumed that originalists have a monopoly on concern for fidelity in constitutional interpretation. In Fidelity to Our Imperfect Constitution, James Fleming rejects originalisms-whether old or new, concrete or abstract, living or dead. Instead, he defends what Ronald Dworkin called a "moral reading" of the United States Constitution, or a "philosophic approach" to constitutional interpretation. He refers to conceptions of the Constitution as embodying abstract moral and political principles-not codifying concrete historical rules or practices-and of interpretation of those principles as requiring normative judgments about how they are best understood-not merely historical research to discover relatively specific original meanings. Through examining the spectacular concessions that originalists have made to their critics, he shows the extent to which even they acknowledge the need to make normative judgments in constitutional interpretation. Fleming argues that fidelity in interpreting the Constitution as written requires a moral reading or philosophic approach. Fidelity commits us to honoring our aspirational principles, not following the relatively specific original meanings (or original expected applications) of the founders. Originalists would enshrine an imperfect Constitution that does not deserve our fidelity. Only a moral reading or philosophic approach, which aspires to interpret our imperfect Constitution so as to make it the best it can be, gives us hope of interpreting it in a manner that may deserve our fidelity.

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  Investment Management Regulation, 5th ed.

  Tamar Frankel and Kenneth E. Burdon

  Investment companies and investment advisory services have become a significant part of the financial system. They host and manage most of the retirement assets in this country and have spread their services abroad as well. This case book is designed to prepare students to practice in this area, including sensitizing students to the possible changes in money management and the legal adjustments to these changes.

  This book deals with the laws governing investment companies: their creation, structure, corporate governance, operations (including the distribution of shares and the management of the portfolios) and dissolution. In particular, this case book focuses on new structures that have evolved in this area, such as ETFs and money market funds.

  The purpose of this book is to prepare students, and lawyers who are not familiar with the subject area, to provide effective advice. In addition, it focuses on practicing in this area before the Securities and Exchange Commission.

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  Labor Law: Cases, Materials, and Problems, 8th ed.

  Michael C. Harper, Samuel Estreicher, and Kati Griffith

  A rigorous, analytical, modern, and practical approach to the issues and challenges of labor law and labor policy.

  Key Features of the New Edition

  • Includes the most significant developments since the publication of the previous edition.
  • An up-to-date rendering of new developments, including a new chapters on immigration and labor law and cross-border labor law
  • Inclusion of recent decisions of the Obama Board and discussion of unresolved questions, such as the scope of joint employment and status of worker centers

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  Copyright in a Global Information Economy, 4th ed.

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

  Copyright in a Global Information Economy explores the full range of copyright law and its relationship to technological innovations and globalization. Written with precision and clarity, this ambitious yet manageable casebook elucidates the fundamental disputes of copyright law with incisive and balanced perspective. The book features comprehensive coverage of domestic and international copyright law, a balanced treatment of controversial issues, as well as a wide selection of concisely edited cases, engaging and practical examples and discussions, and photographs that facilitate and stimulate discussion of cases.

  Key Features of the New Edition

  • Reorganization of materials on the copyright owner s exclusive rights
  • New section on copyright due diligence, licensing, and litigation
  • Updated, streamlined notes and questions
  • Practice exercises designed to engage students from a variety of perspectives including advocacy, client counseling, and legislative Drafting

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  International Commercial Arbitration: Cases, Materials and Notes on the Resolution of International Business Disputes, 2nd ed.

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

  International Commercial Arbitration tracks every phase of the international commercial arbitral process, including designing arbitration agreements, jurisdictional issues, policies with respect to arbitrability, choosing arbitrators, arbitral proceedings, professional ethics of arbitrators and counsel, conflicts of interest, control mechanisms, and enforcement of awards.

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  Tuttle in the Balance: A Novel

  Jay D. Wexler

  Like many men his age, Ed Tuttle is having a mid-life crisis. He is bored with his job, uncertain about his faith, and unable to find love in the wake of divorce. Unlike most other men his age, however, Ed Tuttle is a justice on the United States Supreme Court.
  
  As the swing vote in one of the most contentious terms in recent memory, Justice Tuttle holds the future of the nation in his hands, a tall order for someone who can barely make it through a weekend without making a monumental life mistake.
  
  In this hilarious and poignant debut novel, Jay Wexler—law professor, humor writer, and former law clerk to Justice Ruth Bader Ginsburg—reminds us that power is wielded by real, often emotionally fragile people and that nobody, regardless of how successful, powerful, rich, intelligent, lucky, or influential they may be, is immune from the feelings of restlessness, doubt, and anxiety that are inherent in living in the modern world.

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  Still Waiting for Tomorrow: The Law and Politics of Unresolved Refugee Crises

  Susan M. Akram and Tom Syring

  This book focuses on the common features of protracted refugee situations. It is a critical examination of the reasons underlying the extended nature of those crises, as well as potential solutions to them.
  
  The book addresses war and armed conflict, environmental change and natural disasters, statelessness and protection gaps, among other elements, as common origins of refugee crises. It analyzes the root causes of some of the longest-standing unresolved refugee situations in the world today (including, but not limited to, the cases of Palestinians, Sahrawis, and Tibetans), addressing the particular political and legal tensions undermining solutions to them.
  
  The book comprises contributions from some of the leading scholars and practitioners in the field of international refugee, human rights and humanitarian law, and international relations.

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  Making Tax Law

  Daniel M. Berman and Victoria J. Haneman

  This book explores the process of making U.S. tax law and examines the ways in which considerations of tax policy, tax politics, and tax administration intersect and contribute to the development of law through the legislative process, the promulgation of regulations and other administrative guidance, and the negotiation and ratification of tax treaties. The book provides detailed information regarding the legislative process that has not been published in other resources. This insider’s look into the workings of the government is derived from Berman’s twenty-five-year career as a Washington, D.C. tax attorney. The book uses tax legislation as a substantive backdrop for considering the legislative process and is suited for use in J.D.- or LL.M.-level courses such as Making Tax Law, Legislation, or Federal Regulatory and Legislative Practice Seminar.