Books

Books written, edited, and contributed to by Boston University School of Law faculty members.

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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.
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.
Restatement of the Law Third, Employment Law

Samuel Estreicher, Matthew T. Bodie, Michael C. Harper, and Stewart J. Schwab
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.
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.
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
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
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.
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.
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.
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.
The Law Student's Quick Guide to Legal Citation, 3rd Edition

Stephen M. Donweber

A guide to basic legal citation for new law students and anyone else interested.
Federalism and Subsidiarity: NOMOS LV

James E. Fleming and Jacob T. Levy

In Federalism and Subsidiarity, a distinguished interdisciplinary group of scholars in political science, law, and philosophy address the application and interaction of the concept of federalism within law and government. What are the best justifications for and conceptions of federalism? What are the most useful criteria for deciding what powers should be allocated to national governments and what powers reserved to state or provincial governments? What are the implications of the principle of subsidiarity for such questions? What should be the constitutional standing of cities in federations? Do we need to “remap” federalism to reckon with the emergence of translocal and transnational organizations with porous boundaries that are not reflected in traditional jurisdictional conceptions? Examining these questions and more, this latest installation in the NOMOS series sheds new light on the allocation of power within federations.
Restatement of the Law, Employment Law (Proposed Final Draft)

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

The result of nearly a decade of work by eminent scholars, judges, and practicing lawyers, this new volume clarifies employment law today.

This publication provides concise and clear rules and analysis on issues specific to the employment relationship, including contracts, termination, compensation, benefits, tort liability, wrongful discharge in violation of public policy, defamation, wrongful interference, misrepresentation, autonomy, privacy, employee obligations, restrictive covenants, and remedies.
Public Health Law, 2nd ed.

Wendy K. Mariner and George J. Annas

The second edition of Public Health Law offers an up-to-date compendium of cases, materials and notes illustrating the field's expanded scope and importance today. All-new materials include:

Theories of risk perception
Federal regulation of public health
Chronic disease prevention
Global health programs
Chapters 1 and 2 survey the public health field and ways to identify health and safety risks. Chapters 3 and 4 examine relevant constitutional issues. The remaining chapters focus on specific health risks and can be taught as problem-based case studies to allow students to evaluate different solutions, as in the real world.
AHLA Health Law Curriculum Manual

Kevin Outterson

Despite being a significant segment of the economy, the discipline of health law is relatively new. This is particularly evident in many law schools where health law is still not represented by a full-time faculty member. Some of these schools either do not teach any courses in the area or rely primarily on adjuncts. For those unfamiliar with the discipline, it can be difficult to understand its content and breadth, which becomes a particular challenge to faculties that want to hire a health law professor for the first time, or for academic deans attempting to identify appropriately qualified adjuncts. Meanwhile, employers seeking to hire health lawyers face difficulties in finding candidates with the practical skills and experience required to fulfill their health law needs. These challenges are made all the more difficult by the frequent and expansive changes in the laws that govern the area and a struggling economy that has resulted in less employers willing to hire and train attorneys new to the bar.

Given the increased importance of health law to the country, and with an understanding that health law is one of the few areas of the legal economy that continues to grow, the American Health Lawyers Association (AHLA) has collaborated with several health law academics and practicing attorneys to create a resource that will support law schools in their health law curricular development. The goal of the collaboration is to aid schools in producing students substantively ready to practice health law upon graduation and support their efforts to integrate skills development into their curricula. In addition, for those schools interested in beginning or expanding their health law programs, we hope the collaboration will aid in identifying qualified full-time and adjunct health law professors.

This resource first discusses health law curricula from both the academic and employer perspectives. It then provides health law curricula guidance that was developed on the basis of these perspectives and addresses best practices for health law clinics and externships. It also addresses potential state-specific issues and options for law schools to form an alliance with AHLA, along with a state survey that reveals which states may have formally defined the “practice of health law” or which ones certify health law as a specialty. The appendices provide problem sets and a teacher’s manual that can be used in health law courses to develop practical skills; general statistics about law schools that offer health law courses, and states that require pro bono services in order for an attorney to maintain her license. Ultimately, we hope this resource represents the beginning of a long-term collaboration that will foster greater development of, and continuous improvement in, health law curricula.
Managerial Economics, 8th ed.

William Samuelson and Stephen G. Marks

Samuelson and Marks' Managerial Economics, 8th Edition provides a detailed introduction to managerial economics for undergraduates, MBAs, and executives. This text illustrates the central decision problems managers face and provide the economic analysis they need to guide these decisions.
The Eureka Myth: Creators, Innovators, and Everyday Intellectual Property

Jessica Silbey

Are innovation and creativity helped or hindered by our intellectual property laws? In the two hundred plus years since the Constitution enshrined protections for those who create and innovate, we're still debating the merits of IP laws and whether or not they actually work as intended. Artists, scientists, businesses, and the lawyers who serve them, as well as the Americans who benefit from their creations all still wonder: what facilitates innovation and creativity in our digital age? And what role, if any, do our intellectual property laws play in the growth of innovation and creativity in the United States?

Incentivizing the "progress of science and the useful arts" has been the goal of intellectual property law since our constitutional beginnings. The Eureka Myth cuts through the current debates and goes straight to the source: the artists and innovators themselves. Silbey makes sense of the intersections between intellectual property law and creative and innovative activity by centering on the stories told by artists, scientists, their employers, lawyers and managers, describing how and why they create and innovate and whether or how IP law plays a role in their activities. Their employers, business partners, managers, and lawyers also describe their role in facilitating the creative and innovative work. Silbey's connections and distinctions made between the stories and statutes serve to inform present and future innovative and creative communities.

Breaking new ground in its examination of the U.S. economy and cultural identity, The Eureka Myth draws out new and surprising conclusions about the sometimes misinterpreted relationships between creativity and intellectual property protections. - Publisher's website
America's Forgotten Constitutions: Defiant Visions of Power and Community

Robert L. Tsai

The U.S. Constitution opens by proclaiming the sovereignty of all citizens: “We the People.” Robert Tsai’s gripping history of alternative constitutions invites readers into the circle of those who have rejected this ringing assertion—the defiant groups that refused to accept the Constitution’s definition of who “the people” are and how their authority should be exercised.

America’s Forgotten Constitutions is the story of America as told by dissenters: squatters, Native Americans, abolitionists, socialists, internationalists, and racial nationalists. Beginning in the nineteenth century, Tsai chronicles eight episodes in which discontented citizens took the extraordinary step of drafting a new constitution. He examines the alternative Americas envisioned by John Brown (who dreamed of a republic purged of slavery), Robert Barnwell Rhett (the Confederate “father of secession”), and Etienne Cabet (a French socialist who founded a utopian society in Illinois). Other dreamers include the University of Chicago academics who created a world constitution for the nuclear age; the Republic of New Afrika, which demanded a separate country carved from the Deep South; and the contemporary Aryan movement, which plans to liberate America from multiculturalism and feminism.

Countering those who treat constitutional law as a single tradition, Tsai argues that the ratification of the Constitution did not quell debate but kindled further conflicts over basic questions of power and community. He explains how the tradition mutated over time, inspiring generations and disrupting the best-laid plans for simplicity and order. Idealists on both the left and right will benefit from reading these cautionary tales.
Risk Governance of Offshore Oil and Gas Operations

Michael S. Baram, Ortwin Renn, and Preben Hempel Lindøe

This book evaluates and compares risk regulation and safety management for offshore oil and gas operations in the United States, United Kingdom, Norway, and Australia. It provides an interdisciplinary approach with legal, technological, and sociological perspectives on their efforts to assess and prevent major accidents and improve safety performance offshore. Presented in three parts, the volume begins with a review of the technical, legal, behavioral, and sociological factors involved in designing, implementing, and enforcing a regulatory regime for industrial safety. It then evaluates the four regulatory regimes that encompass the cultural, legal, and other contextual factors that influence their design and implementation, along with their reliance on industrial expertise and standards and the use of performance indicators. The final section presents an assessment of the resilience of the Norwegian regime and its capacity to keep pace with new technologies and emerging risks, respond to near miss incidents, encourage safety culture, incorporate vested rights of labor, and perform inspection and self-audit functions. This book is highly relevant for those in government, business, academia, and elsewhere in civil society who are involved in offshore safety issues, including regulatory authorities and industrial safety professionals.
The Law Student's Quick Guide to Legal Citation, 2nd Edition

Boston University School of Law Legal Information Librarians and Stephen M. Donweber

A short guide to basic legal citation designed for new law students.
Restatement of the Law Third, Employment Law, Tentative Draft No. 6

Samuel Estreicher, Matthew T. Bodie, Michael C. Harper, and Stewart J. Schwab
Ordered Liberty: Rights, Responsibilities, and Virtues

James E. Fleming and Linda C. McClain

Many have argued in recent years that the U.S. constitutional system exalts individual rights over responsibilities, virtues, and the common good. Answering the charges against liberal theories of rights, James Fleming and Linda McClain develop and defend a civic liberalism that takes responsibilities and virtues—as well as rights—seriously. They provide an account of ordered liberty that protects basic liberties stringently, but not absolutely, and permits government to encourage responsibility and inculcate civic virtues without sacrificing personal autonomy to collective determination.

The battle over same-sex marriage is one of many current controversies the authors use to defend their understanding of the relationship among rights, responsibilities, and virtues. Against accusations that same-sex marriage severs the rights of marriage from responsible sexuality, procreation, and parenthood, they argue that same-sex couples seek the same rights, responsibilities, and goods of civil marriage that opposite-sex couples pursue. Securing their right to marry respects individual autonomy while also promoting moral goods and virtues. Other issues to which they apply their idea of civic liberalism include reproductive freedom, the proper roles and regulation of civil society and the family, the education of children, and clashes between First Amendment freedoms (of association and religion) and antidiscrimination law. Articulating common ground between liberalism and its critics, Fleming and McClain develop an account of responsibilities and virtues that appreciates the value of diversity in our morally pluralistic constitutional democracy.
American Constitutional Interpretation, 5th ed.

James E. Fleming, Walter F. Murphy, Sotirios A. Barber, and Stephen Macedo
Laws of Creation: Property Rights in the World of Ideas

Keith N. Hylton and Ronald A. Cass

While innovative ideas and creative works increasingly drive economic success, the historic approach to encouraging innovation and creativity by granting property rights has come under attack by a growing number of legal theorists and technologists. In Laws of Creation, Ronald Cass and Keith Hylton take on these critics with a vigorous defense of intellectual property law. The authors look closely at the IP doctrines that have been developed over many years in patent, copyright, trademark, and trade secret law. In each area, legislatures and courts have weighed the benefits that come from preserving incentives to innovate against the costs of granting innovators a degree of control over specific markets. Over time, the authors show, a set of rules has emerged that supports wealth-creating innovation while generally avoiding overly expansive, growth-retarding licensing regimes.

These rules are now under pressure from detractors who claim that changing technology undermines the case for intellectual property rights. But Cass and Hylton explain how technological advances only strengthen that case. In their view, the easier it becomes to copy innovations, the harder to detect copies and to stop copying, the greater the disincentive to invest time and money in inventions and creative works. The authors argue convincingly that intellectual property laws help create a society that is wealthier and inspires more innovation than those of alternative legal systems. Ignoring the social value of intellectual property rights and making what others create and nurture “free” would be a costly mistake indeed.
African Parliamentary Knowledge Network Legislative Handbook: Using Evidence to Design and Assess Legislation

Sean J. Kealy

The African Parliamentary Knowledge Network’s mission is to increase the capacity and effectiveness of Parliaments by improving the skills of the parliamentarians and their staff. The APKN provides both a platform for sharing information between legislative bodies and by developing tools aimed at improving the quality of legislation. A significant accomplishment of the APKN to date has been the creation of the Drafting Guidelines, which offer instruction on the technical aspects of legislative drafting. To complement the Guidelines, this handbook is meant to offer instruction and advice on designing and assessing legislation through the use of an evidence-based methodology. The Handbook has been supported by the Africa i-Parliament Action Plan, a project funded by United Nations Department of Economic and Social Affairs.
The Origins of the Necessary and Proper Clause

Gary S. Lawson, Geoffrey P. Miller, Robert G. Natelson, and Guy I. Seidman

The Necessary and Proper Clause is one of the most important parts of the US Constitution. Today this short thirty-nine-word paragraph is cited as the legal foundation for much of the modern federal government. Through three independent lines of research, the authors trace the lineage of the Necessary and Proper Clause to the everyday law of the Founding Era - the same law that American founders such as Madison, Hamilton, and Washington applied in their daily lives. Origins of the Necessary and Proper Clause are found in law-governing agencies, public administration, and corporations. Moreover, all of those areas were undergirded by common principles of fiduciary responsibility - reflecting the Founders' view that a public office is truly a public trust. This explains the choice of language in the clause and provides clues about its meaning. This book thus serves as a reference source for scholars seeking to understand the intellectual foundations of one of the Constitution's most important clauses.
- This is the only book devoted to the intellectual origins of the Necessary and Proper Clause
- The book combines three independent lines of research that all intersect at key points
- Explores the origins of the Necessary and Proper Clause by looking to legal doctrines often ignored by constitutional scholars: agency law, administrative law, and corporate law
Confronting Injustice: Moral History and Political Theory

David B. Lyons
- A bold new account of morality in American history and law
- Written by a leading expert in the field
- Challenges social injustices from the nation's beginnings to the present day
- Illuminates the importance of moral judgment to political and legal theory
Becoming a Bilingual Family: Help Your Kids Learn Spanish (and Learn Spanish Yourself in the Process)

Stephen G. Marks and Jeffrey Marks

Unique among language study aids, this book gives English-speaking parents the tools to create a bilingual home and help their kids learn Spanish in their earliest years, when children are most receptive to learning languages.
According to Our Hearts: Rhinelander v. Rhinelander and the Law of the Multiracial Family

Angela Onwuachi-Willig

This landmark book looks at what it means to be a multiracial couple in the United States today. According to Our Hearts begins with a look back at a 1925 case in which a two-month marriage ends with a man suing his wife for misrepresentation of her race, and shows how our society has yet to come to terms with interracial marriage. Angela Onwuachi-Willig examines the issue by drawing from a variety of sources, including her own experiences. She argues that housing law, family law, and employment law fail, in important ways, to protect multiracial couples. In a society in which marriage is used to give, withhold, and take away status—in the workplace and elsewhere—she says interracial couples are at a disadvantage, which is only exacerbated by current law.
Third-Party Funding in International Arbitration

Lisa Bench Nieuwveld and Victoria Sahani

This welcome book, expertly revealing the nuances of third-party funding in international arbitration, examines the phenomenon in key jurisdictions around the world and provides a reliable resource for users and potential users that may wish to tap into and make use of this distinctive funding tool.

The authors analyze and assess the legal regime in a variety of countries based upon legislation, judicial opinions, ethics opinions, and practitioner anecdotes describing the state of third-party funding in that jurisdiction. They describe how courts and legislative bodies around the world have thus far handled the major ethical issues and concerns that affect the practice of third-party funding. Among the issues raised and examined are the following: ;
- payment of adverse costs;
- "before-the-event" (BTE) and "after-the-event" (ATE) insurance;
- attorney financing, including contingency representation and conditional fee arrangements;
- loans;
- ethical doctrines influential to the continued existence and viability of the third-party funding industry;
- possible waivers of the attorney work-product doctrine or attorney-client privilege;
- potential encouragement of non-meritorious claims;
- possible future bundling, securitization, and trading of legal claims;
- 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.
The book concludes with observations regarding third-party funding in international investment arbitration and predictions regarding the future of the third-party funding industry worldwide.

Focusing on the key jurisdictions that have well-developed third-party funding markets--Australia, Germany, the United Kingdom, the United States, the Netherlands, Canada, and South Africa--and regional overviews for Europe, Asia, the Middle East, Africa, and Latin America, this book ably creates a reference source for parties aiming to take advantage of the high values, speed, reduced evidentiary costs, outcome predictability, industry expertise, and high award enforceability characteristic of the third-party funding arrangements available in international arbitration.
The Law Student's Quick Guide to Legal Citation

Boston University School of Law Legal Information Librarians and Stephen M. Donweber

A short explanation of common legal citation formats by the Boston University School of Law Legal Information Librarians
Cases and Materials on Discovery Practice in the Federal Courts, 1st Edition

Stephen M. Donweber
Restatement of the Law Third, Employment Law, Tentative Draft No. 5

Samuel Estreicher, Matthew T. Bodie, Michael C. Harper, and Stewart J. Schwab
Cases and Materials on Employment Discrimination Law, 4th ed.

Samuel Estreicher and Michael C. Harper

This incisive casebook presents updated materials on employment discrimination law. The book provides a text for a comprehensive course on the substance and procedure of employment discrimination law, including in-depth analysis of models of proof under Title VII, and of the special problems presented by the regulation of sex, age, disability, and retaliatory discrimination. The book also highlights procedural systems under Title VII, the Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act (ADA), as well as issues of coordination between private arbitration and federal and state regulation. Particular attention is given to recent important decisions, such as Ricci and Wal-Mart and to recent statutes, particularly the ADA Amendments Act of 2008.
Passions and Emotions: NOMOS LIII

James E. Fleming

Throughout the history of moral, political, and legal philosophy, many have portrayed passions and emotions as being opposed to reason and good judgment. At the same time, others have defended passions and emotions as tempering reason and enriching judgment, and there is mounting empirical evidence linking emotions to moral judgment. In Passions and Emotions, a group of prominent scholars in philosophy, political science, and law explore three clusters of issues: “Passion & Impartiality: Passions & Emotions in Moral Judgment”; “Passion & Motivation: Passions & Emotions in Democratic Politics”; and “Passion & Dispassion: Passions & Emotions in Legal Interpretation.” This timely, interdisciplinary volume examines many of the theoretical and practical legal, political, and moral issues raised by such questions.
Evolution and Morality: NOMOS LII

James E. Fleming and Sanford V. Levinson

Can theories of evolution explain the development of our capacity for moral judgment and the content of morality itself? If bad behavior punished by the criminal law is attributable to physical causes, rather than being intentional or voluntary as traditionally assumed, what are the implications for rethinking the criminal justice system? Is evolutionary theory and “nature talk,” at least as practiced to date, inherently conservative and resistant to progressive and feminist proposals for social changes to counter subordination and secure equality? In Evolution and Morality, a group of contributors from philosophy, law, political science, history, and genetics address many of the philosophical, legal, and political issues raised by such questions. This insightful interdisciplinary volume examines the possibilities of a naturalistic ethics, the implications of behavioral morality for reform of the criminal law, the prospects for a biopolitical science, and the relationship between nature, culture, and social engineering.
The Ponzi Scheme Puzzle: A History and Analysis of Con Artists and Victims

Tamar Frankel

Charles Ponzi perpetrated his infamous scheme almost a hundred years ago. But his method of using new investments to pay existing investors and finance a highflying lifestyle is alive and well: just as much money is lost in the United States today from Ponzi schemes as from shoplifting. Somehow, con artists are able to dazzle wealthy, educated individuals and sophisticated institutions and convince them to hand over huge sums of money. How?

In The Ponzi Scheme Puzzle, renowned legal scholar Tamar Frankel explores these con artists' fascinating power of persuasion and deception, uncovering the subtle signals that mimic truth and honesty. After years of close study of hundreds of cases, Frankel explains the striking patterns that emerge and the common characteristics of the con artists and their victims. She offers clear yet comprehensive descriptions of the various designs of Ponzi schemers' attractive offers and flags the ways in which they mask their deception through specialized methods of advertising and selling. She then constructs lucid profiles of the con artists and their victims, exposing the core nature of the people at the heart of the schemes and showing how over time the lines between predator and prey are blurred. There are indeed many lessons to learn from these stories, and Frankel brings them to light through the insightful results of her research. She shows how peoples' attitudes are ambivalent and uncertain toward con artists, perhaps because their behavior is so seemingly honest, because they act like the social leaders with whom they are likely to mingle, or perhaps because their actions are thought to shake up a complacent society. Frankel concludes by offering a surprising solution on how to prevent charming, dangerous con artists from perpetuating the enduring, disastrous legacy of Charles Ponzi.
Cases and Materials on Employment Discrimination and Employment Law, 4th ed.

Michael C. Harper and Samuel Estreicher
Research Handbook on the Economics of Criminal Law

Keith N. Hylton and Alon Harel

Jeremy Bentham and Gary Becker established the tradition of analyzing criminal law in utilitarian and economic terms. This seminal book continues that tradition with specially commissioned, original papers that span the philosophical foundations of the use of economics in criminal law, both traditional economic perspectives and behavioral and experimental approaches to the discipline.

The contributors examine and evaluate the optimal design of criminal law norms as well as the ideal structure of law enforcement institutions. They delineate what wrongs ought to be criminalized, identify the boundaries between criminal law and tort, and determine the optimal size of sanctions given the differential vulnerability of victims. They also analyze the special considerations that apply to the regulation of corporate crime, the effects of technology on crime, and the effects of the distribution of wealth on sentencing.

This essential Handbook provides students and scholars of criminal law and law and economics the opportunity to explore the diversity of contemporary approaches to the economics of crime. Criminologists, sociologists and policymakers will also find it a valuable addition to their collections.
Federal Administrative Law, 6th 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 Sixth Edition contains seven new principal cases, thirteen new note cases, and updated treatments of all major topics.
The Supreme Court and the Fourth Amendment's Exclusionary Rule

Tracey Maclin

The application of the Fourth Amendment's Exclusionary Rule has divided the Justices of the Supreme Court for nearly a century. As the legal remedy for when police violate the Fourth Amendment rights of a person and discover criminal evidence through illegal search and seizure, it is the most frequently litigated constitutional issue in United States courts. Tracey Maclin's The Supreme Court and the Fourth Amendment's Exclusionary Rule traces the rise and fall of the exclusionary rule using insight and behind-the-scenes access into the Court's thinking.

Based on original archival research into the private papers of retired Justices, Professor Maclin's analysis clarifies the motivations and thoughts that explain the Court's exclusionary rule jurisprudence. He includes a comprehensive scholarly and objective discussion of the reasoning behind the Court decisions, and demonstrates that like other constitutional doctrines, the exclusionary rule is a political mechanism that expands and contracts as the times and Justices change. Ultimately, this book will help readers understand how constitutional law is constructed by judges with diverse political perspectives.
Managerial Economics, 7th ed.

Stephen G. Marks and William Samuelson

The 7th Edition of Managerial Economics continues to provide real-world examples and necessary decision-making skills for making thoughtful and advantageous managerial decisions. Samuelson & Marks build on their strong behavioral coverage to better target this current and "hot topic" in business.This new edition includes general updates and revisions throughout including updated sections on behavioral economics, game theory, and price theory, and new problems for every chapter. The authors improve on existing content and integrate more of this content throughout. The biggest section is on the interface between public and private. The text integrates theory with extensive real-world applications throughout which makes it more accessible. The presentations begin simply and are progressively applied to more and more challenging applications.
Arbitration of International Business Disputes: Studies in Law and Practice, 2nd ed.

William W. Park

Arbitration of International Business Disputes 2nd edition is a fully revised and updated anthology of essays by Rusty Park, a leading scholar in international arbitration and a sought-after arbitrator for both commercial and investment treaty cases. This collection focuses on controversial questions in arbitration of trade, financial, and investment disputes.

The essays address some of the most interesting topics in cross-border business dispute resolution, many of which have endured over several decades and remain subject to radically different views. Examples include the proper role of judicial review, the allocation of jurisdictional tasks, evolution of arbitration's statutory and treaty framework, free trade and bilateral investment agreements, and the balance between fixed rules and arbitral discretion.

The book is structured around three themes: arbitration's legal framework; the conduct of arbitral proceedings; and a comparison of arbitration in specific fields such as finance, intellectual property, and taxation. In each of these areas, analysis includes the tensions between fairness and efficiency, and the accurate application of substantive law as well as the implications of mandatory procedural norms.

Augmented by more than a dozen new contributions and a revised introduction, this 2nd edition retains all of its earlier practical and scholarly relevance, and includes a Foreword by V. V. (Johnny) Veeder QC.
Law and Justice on the Small Screen

Jessica Silbey

'Law and Justice on the Small Screen' is a wide-ranging collection of essays about law in and on television. In light of the book's innovative taxonomy of the field and its international reach, it will make a novel contribution to the scholarly literature about law and popular culture. Television shows from France, Canada, the United Kingdom, Germany, Spain and the United States are discussed. The essays are organised into three sections: (1) methodological questions regarding the analysis of law and popular culture on television; (2) a focus on genre studies within television programming (including a subsection on reality television), and (3) content analysis of individual television shows with attention to big-picture jurisprudential questions of law's efficacy and the promise of justice. The book's content is organised to make it appropriate for undergraduate and graduate classes in the following areas: media studies, law and culture, socio-legal studies, comparative law, jurisprudence, the law of lawyering, alternative dispute resolution and criminal law. Individual chapters have been contributed by, among others: Taunya Banks, Paul Bergman, Lief Carter, Christine Corcos, Rebecca Johnson, Stefan Machura, Nancy Marder, Michael McCann, Kimberlianne Podlas and Susan Ross, with an Introduction by Peter Robson and Jessica Silbey.
Adventures of Ed Tuttle, Associate Justice, and Other Stories

Jay D. Wexler

A zoo with only black and white animals. A camp where children are forced to gather clams or face a trip to the “hot box.” A Supreme Court Justice’s confirmation hearing presided over by the 1977 Kansas City Royals. The Adventures of Ed Tuttle, Associate Justice, and Other Stories transports the reader to these hilarious places and beyond. This is a world, according to Dan Kennedy, host of The Moth Storytelling Podcast, “where corporate cafeteria lunch servers blurt out Kierkegaard quotes to soften the hard luck of a low supply of the ‘lunch beans’ that two raging alcoholic white collar workers crave daily; a world where an HMO in-network dentist hovers over patients and instead of asking about their flossing habits or aches, asks what it is that they like best about him; a world where television sitcoms are set on death row. That’s nothing—that’s the tip of the iceberg.” These stories, illustrations, and other errata are as funny as they are strange, as wonderful as they are wacky.
The Odd Clauses: Understanding the Constitution Through Ten of its Most Curious Provisions

Jay D. Wexler

For a variety of reasons, many of the Constitution’s more obscure passages never make it to any court and therefore never make headlines or even law school classrooms, which teach from judicial decisions. In this captivating and witty book, Jay Wexler draws on his extensive professional and educational backgrounds in constitutional law to demonstrate how these “odd clauses” have incredible relevance to our lives, our government’s structure, and the integrity of our democracy.
State Documents Bibliography: Georgia

Ronald E. Wheeler and Nancy P. Johnson

This second edition (2012) of the Georgia State Documents Bibliography updates the 1991 edition by Rebecca Simmons Stillwagon. The strength of this bibliography is the extensive coverage of the historical documents. The documents included in this bibliography begin in the 1730s, with the charter from the English Crown. There is extensive coverage of the constitutions and codes throughout the years. The current edition emphasizes new publications, along with free and subscription based electronic resources.

For more in-depth and comprehensive coverage of current Georgia legal materials, please see the book, Georgia Legal Research by Nancy P. Johnson, Elizabeth G. Adelman, and Nancy J. Adams (Durham, NC: Carolina Academic Press, 2007). For a bibliography of Georgia practice materials, see Nancy P. Johnson and Ronald E. Wheeler, "Georgia Practice Materials: A Selective Annotated Bibliography," a chapter in State Practice Materials: Annotated Bibliographies (Frank G. Houdek, ed., Buffalo, N.Y.: William S. Hein, 2010). This 2012 edition includes all sources in the 1991 edition, therefore, researchers need to check the current 2012 edition only.
International Law and the Israeli-Palestinian Conflict: a Rights-Based Approach to Middle East Peace

Susan M. Akram, Michael Dumper, Michael Lynk, and Iain Scobbie

The Israeli-Palestinian conflict has long been intertwined with, and has had a profound influence on, the principles of modern international law. Placing a rights-based approach to the Israeli-Palestinian conflict at the centre of discussions over its peaceful resolution, this book provides detailed consideration of international law and its application to political issues.

Through the lens of international law and justice, the book debunks the myth that law is not useful to its resolution, illustrating through both theory and practice how international law points the way to a just and durable solution to the conflict in the Middle East. Contributions from leading scholars in their respective fields give an in-depth analysis of key issues that have been marginalized in most mainstream discussions of the Israeli-Palestinian conflict:
- Palestinian refugees
- Jerusalem
- security
- legal and political frameworks
- the future of Palestine.
Written in a style highly accessible to the non-specialist, this book is an important addition to the existing literature on the subject. The findings of this book will not only be of interest to students and scholars of Middle Eastern politics, International Law, International Relations and conflict resolution, but will be an invaluable resource for human rights researchers, NGO employees, and embassy personnel, policy staffers and negotiators.
Habermas: The Discourse Theory of Law and Democracy

Hugh Baxter

Though many legal theorists are familiar with Jürgen Habermas's work addressing core legal concerns, they are not necessarily familiar with his earlier writings in philosophy and social theory. Because Habermas's later work on law invokes, without significant explanation, the whole battery of concepts developed in earlier phases of his career, even otherwise sympathetically inclined legal theorists face significant obstacles in evaluating his insights.

A similar difficulty faces those outside the legal academy who are familiar with Habermas's earlier work. While they readily comprehend Habermas's basic social-theoretical concepts, without special legal training they have difficulty reliably assessing his recent engagement with contemporary legal thought. This new work bridges the gap between legal experts and those without special legal training, critically assessing the attempt of an unquestionably preeminent philosopher and social theorist to engage the world of law.

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