Books

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

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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.
Administrative Law: Cases and Materials, 6th ed.

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

Administrative Law integrates doctrinal analysis and procedural rules with substantive policy areas to encourage students to see the relevance of administrative law in policy and contemporary politics. Eminently readable introductions, transitional text, and Notes and Questions;coupled with the authors; engaging approach;have made this casebook a favorite with students and professors.

New co-author Jody Freeman ushers in the Sixth Edition with new materials on cooperative regulatory structures and alternative regulatory procedures. A host of updates include the separation of powers decision in Free Enterprise Fund; the global warming case, Massachusetts v. EPA ; updated coverage of the Chevron doctrine; and enhanced coverage of arbitrary, capricious review.

Features of a classic in its field:
An exciting revision with a highly regarded new co-author, the Sixth Edition brings:
Windows onto Jewish Legal Culture: Fourteen Exploratory Essays

Hanina Ben-Menahem, Arye Edrei, and Neil S. Hecht

This book opens windows onto various aspects of Jewish legal culture. Rather than taking a structural approach, and attempting to circumscribe and define ‘every’ element of Jewish law, Windows onto Jewish Legal Culture takes a dynamic and holistic approach, describing diverse manifestations of Jewish legal culture, and its general mind-set, without seeking to fit them into a single structure.

Jewish legal culture spans two millennia, and evolved in geographic centers that were often very distant from one another both geographically and socio-culturally. It encompasses the Talmud and talmudic literature, the law codes, the rulings of rabbinical courts, the responsa literature, decisions taken by communal leaders, study of the law in talmudic academies, the local study hall, and the home. But Jewish legal culture reaches well beyond legal and quasi-legal institutions; it addresses, and is reflected in, every aspect of daily life, from meals and attire to interpersonal and communal relations. Windows onto Jewish Legal Culture gives the reader a taste of the tremendous weight of Jewish legal culture within Jewish life.

Among the facets of Jewish legal culture explored are two of its most salient distinguishing features, namely, toleration and even encouragement of controversy, and a preference for formalistic formulations. These features are widely misunderstood, and Jewish legal culture is often parodied as hair-splitting argument for the sake of argument. In explaining the epistemic imperatives that motivate Jewish legal culture, however, this book paints a very different picture. Situational constraints and empirical considerations are shown to provide vital input into legal determinations at every level, and the legal process is revealed to be attentive to context and sensitive to cultural concerns.
Reproducing Race: an Ethnography of Pregnancy as a Site of Racialization

Khiara Bridges

Reproducing Race, an ethnography of pregnancy and birth at a large New York City public hospital, explores the role of race in the medical setting. Khiara M. Bridges investigates how race—commonly seen as biological in the medical world—is socially constructed among women dependent on the public healthcare system for prenatal care and childbirth. Bridges argues that race carries powerful material consequences for these women even when it is not explicitly named, showing how they are marginalized by the practices and assumptions of the clinic staff. Deftly weaving ethnographic evidence into broader discussions of Medicaid and racial disparities in infant and maternal mortality, Bridges shines new light on the politics of healthcare for the poor, demonstrating how the “medicalization” of social problems reproduces racial stereotypes and governs the bodies of poor women of color.
Restatement of the Law Third, Employment Law, Tentative Draft No. 4

Samuel Estreicher, Matthew T. Bodie, Michael C. Harper, and Stewart J. Schwab
2010-11 Supplement to Cases and Materials on Employment Discrimination and Employment Law, 3rd ed.

Samuel Estreicher and Michael C. Harper
2011 Supplement to Cases and Materials on Employment Discrimination and Employment Law

Samuel Estreicher and Michael C. Harper
Getting to the Rule of Law

James E. Fleming

The rule of law has been celebrated as “an unqualified human good," yet there is considerable disagreement about what the ideal of the rule of law requires. When people clamor for the preservation or extension of the rule of law, are they advocating a substantive conception of the rule of law respecting private property and promoting liberty, a formal conception emphasizing an “inner morality of law,” or a procedural conception stressing the right to be heard by an impartial tribunal and to make arguments about what the law is? When are exertions of executive power “outside the law” justified on the ground that they may be necessary to maintain or restore the conditions for the rule of law in emergency circumstances, such as defending against terrorist attacks?

In Getting to the Rule of Law a group of contributors from a variety of disciplines address many of the theoretical legal, political, and moral issues raised by such questions and examine practical applications “on the ground” in the United States and around the world. This timely, interdisciplinary volume examines the ideal of the rule of law, questions when, if ever, executive power “outside the law” is justified to maintain or restore the rule of law, and explores the prospects for and perils of building the rule of law after military interventions.
Investment Management Regulation, 4th ed.

Tamar Frankel

Investment companies have become an important part of the financial system. This case book is designed to familiarize students with the special laws governing investment companies: their creation, structure, corporate governance, operations (including the distribution of shares and the management of the portfolios), dissolution and, time permitting, taxation. In particular, the case book focuses on the Investment Company Act of 1940 and on the practice in this area before the Securities and Exchange Commission.
Labor Law: Cases, Materials, and Problems, 7th ed.

Michael C. Harper and Samuel Estreicher

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

Features:
- A comprehensive and thoughtful view of the field of labor law, including issues of reform, economic and labor theory, and the respective roles of the NLRB, arbitrators, and federal and state courts
- A highly respected author team, experienced in scholarship, practice, and teaching
- A special emphasis on accessibility, manifested in clear, streamlined case editing; lucid explanatory texts; and clear and pointed narratives, notes, and questions throughout
- Complete, effective pedagogy, including introductory texts, excerpted NLRB and court decisions, Notes & Questions, and references to and excerpts from pertinent articles and books
- A problem at the end of each chapter provides instructors with material to test student understanding, accompanied by a problems guide for professors containing suggested approaches to dealing with these problems.
- Powerpoint slides for each chapter designed for classroom use.
New to the Seventh Edition:

Includes the most significant developments since the publication of the 5th edition, including the following
- An up-to-date rendering of new developments, including consideration of labor reform legislation and reform initiatives by the NLRB.
- Note material comparing the National Labor Relations Act to the Railway Labor Act and public sector labor laws.
- Note materials on international labor rights and offering comparisons to the labor relations systems of selected developed countries.
Vulnerable Populations and Transformative Law Teaching: A Critical Reader

Angela Onwuachi-Willig

The essays included in this volume began as presentations at the March 19-20, 2010 ''Vulnerable Populations and Economic Realities'' teaching conference organized and hosted by Golden Gate University School of Law and co-sponsored by the Society of American Law Teachers (SALT). That conference, generously funded by a grant from The Elfenworks Foundation, brought together law faculty, practitioners, and students to reexamine how issues of race, gender, sexual identity, nationality, disability, and generally outsider status are linked to poverty. Contributors have transformed their presentations into essays, offering a variety of roadmaps for incorporating these issues into the law school curriculum, both inside the classroom as well as in clinical and externship settings, study abroad, and social activism. These essays provide glimpses into ''teaching moments,'' both intentional and organic, to help trigger opportunities for students and faculty to question their own perceptions and experiences about who creates and interprets law, and who has access to power and the force of law. This book expands the parameters of law teaching so that this next generation of attorneys will be dedicated to their roles as public citizens, broadening the availability of justice. Contributors include: John Payton; Richard Delgado; Steven W. Bender; Sarah Valentine; Deborah Post and Deborah Zalesne; Gilbert Paul Carrasco; Michael L. Perlin and Deborah Dorfman; Robin R. Runge; Cynthia D. Bond; Florence Roisman Wagman; Doug Simpson; Anne Marie Harkins and Robin Clark; Douglas Colbert; Raquel Aldana and Leticia Saucedo, Marci Seville; Deirdre Bowen, Daniel Bonilla Maldonado, Kathleen Neal Cleaver, Colin Crawford, and James Forman, Jr.; Susan Rutberg; Mary B. Culbert and Sara Campos; MaryBeth Musumeci, Elizabeth Weeks Leonard, and Brutrinia D. Arellano; Libby Adler; and Paulette J. Williams. The editorial board includes Raquel Aldana, Steven Bender, Olympia Duhart, Michele Benedetto Neitz, Angela Onwuachi-Willig, Hari Osofsky, and Hazel Weiser.
Cases and Materials on Federal Courts, 2nd ed.

Larry Yackle, Michael L. Wells, William P. Marshall, and Gene R. Nichol
Governing Risk in GM Agriculture

Michael S. Baram and Mathilde Bourrier

This book addresses the issues and methods involved in governing risks posed by genetically modified (GM) agriculture. It examines the evolution of policies intended to ensure the safety of GM crops and food products in the United States and Europe and the regulatory approaches and other social controls employed to protect human health, the environment, conventional farming and foods, and the interests and rights of consumers. Discussion encompasses the cultural, political, and economic forces that shape the design and application of the methods of risk governance, as well as other contextual features such as the influence of multinational companies seeking acceptance of their GM ventures. This discussion also examines the influence of the dynamic public discourse fostered by progressive concepts of risk governance and the approaches taken to meet its demands for transparency, public participation, and appropriate consideration of public perceptions and values despite conflicting views of experts.
- Explores the contrasting approaches taken by the US and the European Union to govern the risks of GM agriculture and foods
- Illuminates the evolution of US and European regulatory programs governing GM agriculture and foods
- Addresses the influence of public discourse on the design and implementation of public policies and regulations
Emanuel Crunchtime for Administrative Law, 3rd ed.

Jack M. Beermann
Emanuel Law Outlines for Administrative Law, 3rd ed.

Jack M. Beermann
Inside Administrative Law: What Matters and Why

Jack M. Beermann

A concise and student-friendly study aid, Inside Administrative Law: What Matters and Why offers a big-picture view of Administrative Law that looks at how all of the essential elements fit together as part of a coherent framework of theory and practice. A rich pedagogy features Sidebars and Frequently Asked Questions, among other teaching devices that guide comprehension and reinforce learning.
Copyright in a Global Information Economy, 3rd ed.

Julie E. Cohen, Maureen A. O'Rourke, Lydia Pallas Loren, and Ruth L. Okediji
Restatement of the Law Third, Employment Law, Tentative Draft No. 3

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

Tamar Frankel
- Provides analysis of critical issues in entrustment, which allows readers to more easily understand the topics being discussed
- Describes the legal duties of people such as brokers, money managers, corporate directors and officers and trustees, who perform a service which require entrustment of property
- Explains concepts helpful to lawyers and policy makers designing future fiduciary laws
Principles of the Law of Software Contracts

Robert A. Hillman, Maureen A. O'Rourke, and American Law Institute

Software, a necessary component of the information age, is owned and transferred differently from tangible goods. Thus, traditional state contract law—including common law (as embodied in the Restatement of Contracts) and legislation (largely informed by the longstanding Uniform Commercial Code)—is not always appropriate to govern transactions in software. This product of the American Law Institute is the culmination of a five-year project to create the analytical tools to guide transactions and to help lawyers, judges, and legislators meet the challenges of an industry that is an increasingly important share of our economy.
Antitrust Law and Economics

Keith N. Hylton
Managerial Economics, 6th ed.

William Samuelson and Stephen G. Marks
Looking to the Future: Essays on International Law in Honor of W. Michael Reisman

Robert D. Sloane, Mahnoush H. Arsanjani, Jacob Cogan, and Siegfried Wiessner

Throughout his career, Michael Reisman emphasized law’s function in shaping the future. In this wide-ranging collection of essays, major thinkers in the international legal field address the goals of the twenty-first century and how international law can address the needs of the world community.The result is a volume of outstanding scholarship that will appeal to all those – lawyers, political scientists, and educated laymen— interested in international law, legal theory, human rights, international investment law and commercial arbitration, boundary issues, law of the sea, and law of armed conflict.
Federal Courts: Habeas Corpus, 2nd ed.

Larry Yackle
Restatement of the Law Third, Employment Law, Tentative Draft No. 2

Samuel Estreicher, Matthew T. Bodie, Michael C. Harper, Andrew P. Morriss, and Stewart J. Schwab
Trust and Honesty in the Real World: A Teaching Course in Law, Business, and Public Policy, 2nd ed.

Mark Fagan and Tamar Frankel

A case study companion to Trust and honesty, America's business culture at a crossroad by Tamar Frankel
Law and the Financial System: Securitization and Asset Backed Securities: Law, Process, Case Studies and Simulations

Tamar Frankel and Mark Fagan

Law and the Financial System: Securitization and Asset Backed Securities provides students and practitioners with a comprehensive source of materials and references for understanding the process and issues that surround the conversion of illiquid financial assets into tradable securities. The book begins with an overview of the financial system and the place of securitization in the system. The book focuses on the process and law of securitization and is derived largely from Tamar Frankel's treaties, Securitization (2nd ed. 2005). The book concludes with a global view of securitization and an assessment of the impact and future of securitizing financial assets. The legal text is enhanced with case studies and simulation exercises that bring context and practical application to the subject. Study questions covering law, business and public policy provide students with an opportunity to discuss and debate areas where answers are complex and often indeterminate. Simulation exercises enable students to test their own ideas with their peers using real world examples. The book can be used as a stand alone course on securitization or as a supplementary text for courses on financial regulation. Practitioners will find the book a useful desk reference.
Principles of the Law of Software Contracts, Proposed Final Draft

Robert A. Hillman, Maureen A. O'Rourke, and American Law Institute
Federal Administrative Law, 5th ed.

Gary S. Lawson
Gender Equality: Dimensions of Women's Equal Citizenship

Linda C. McClain and Joanna L. Grossman

Citizenship is the common language for expressing aspirations to democratic and egalitarian ideals of inclusion, participation, and civic membership. However, there continues to be a significant gap between formal commitments to gender equality and equal citizenship – in the laws and constitutions of many countries, as well as in international human rights documents – and the reality of women’s lives. This volume presents a collection of original works that examine this persisting inequality through the lens of citizenship. Distinguished scholars in law, political science, and women’s studies investigate the many dimensions of women’s equal citizenship, including constitutional citizenship, democratic citizenship, social citizenship, sexual and reproductive citizenship, and global citizenship. Gender Equality takes stock of the progress toward – and remaining impediments to – securing equal citizenship for women, develops strategies for pursuing that goal, and identifies new questions that will shape further inquiries.
Circuit Conflicts in Antitrust Litigation

Elizabeth McCuskey

This practical guide surveys current conflicts among the Circuit Courts of Appeal in antitrust litigation. It brings together in one place an accurate and comprehensive discussion of the Circuit conflicts. Some conflicts are procedural, some evidentiary, and others concern substantive law. This time-saving book provides practitioners with a quick, reliable means of identifying conflicts that may impact their cases.
Patent Failure: How Judges, Bureaucrats, and Lawyers Put Innovators at Risk

Michael J. Meurer and James Bessen

In recent years, business leaders, policymakers, and inventors have complained to the media and to Congress that today’s patent system stifles innovation instead of fostering it. But like the infamous patent on the peanut butter and jelly sandwich, much of the cited evidence about the patent system is pure anecdote — making realistic policy formation difficult. Is the patent system fundamentally broken, or can it be fixed with a few modest reforms? Moving beyond rhetoric, Patent Failure provides the first authoritative and comprehensive look at the economic performance of patents in forty years. James Bessen and Michael Meurer ask whether patents work well as property rights, and, if not, what institutional and legal reforms are necessary to make the patent system more effective.

Patent Failure presents a wide range of empirical evidence from history, law, and economics. The book’s findings are stark and conclusive. While patents do provide incentives to invest in research, development, and commercialization, for most businesses today, patents fail to provide predictable property rights. Instead, they produce costly disputes and excessive litigation that outweigh positive incentives. Only in some sectors, such as the pharmaceutical industry, do patents act as advertised, with their benefits outweighing the related costs.

By showing how the patent system has fallen short in providing predictable legal boundaries, Patent Failure serves as a call for change in institutions and laws. There are no simple solutions, but Bessen and Meurer’s reform proposals need to be heard. The health and competitiveness of the nation’s economy depend on it.
Family Law: The Essentials

Katharine B. Silbaugh and Katharine K. Baker
Holy Hullabaloos: A Road Trip to the Battlegrounds of the Church/State Wars

Jay D. Wexler

Prayer in schools? Animal sacrifices in public? Ten Commandments on the courthouse lawn? Jay Wexler has seen it all . . . After ten years spent riddling over the intricacies of church/state law from the ivory tower, law professor Jay Wexler decided it was high time to hit the road to learn what really happened in some of the most controversial Supreme Court cases involving this hot-button issue. In Holy Hullabaloos, he takes us along for the ride, crossing the country to meet the people and visit the places responsible for landmark decisions in recent judicial history, from a high school football field where fans once recited prayers before kickoff to a Santeria church notorious for animal sacrifice, from a publicly funded Muslim school to a creationist museum. Wexler’s no-holds-barred approach to investigating famous church/state brouhahas is as funny as it is informative.
Federal Courts, 3rd ed.

Larry Yackle

This third edition of Federal Courts is addressed to law students, judges and magistrates, law clerks, and attorneys who need a single-volume reference book close at hand. It provides both a primer on the power and functions of the Judicial Branch of the Federal Government and an explication of developments through 2008. Recent Supreme Court decisions have required pervasive changes from the second edition in 2003. The third edition covers critical decisions on jurisdiction in federal-question cases, standing, sovereign immunity, and habeas corpus. It also treats recent statutes, especially the Antiterrorism and Effective Death Penalty Act, the Detainee Treatment Act, and the Military Commissions Act, together with the Court’s enormously important decisions on judicial power to entertain petitions from detainees at Guantanamo Bay and elsewhere.

Like previous editions, the third edition offers a streamlined exposition of complex material in straightforward, accessible prose. Readers who need an introduction to basics will find it in this text; readers who need deeper analysis will find it in the exhaustive footnotes.
Cases and Materials on Employment Discrimination and Employment Law

Samuel Estreicher and Michael C. Harper
Cases and Materials on Employment Discrimination Law, 3rd ed.

Samuel Estreicher and Michael C. Harper

This law school casebook presents updated materials on employment discrimination law. The book provides a text for a comprehensive course on substantive and procedural law, including in depth analysis of models of proof under Title VII, as well as 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.
Cases and Materials on Employment Law, 3rd ed.

Samuel Estreicher and Michael C. Harper
Restatement of the Law Third, Employment Law, Tentative Draft No. 1

Samuel Estreicher, Michael C. Harper, and Stewart J. Schwab
Fiduciary Law: Analysis, Definitions, Relationships, Duties, Remedies Over History and Culture

Tamar Frankel
Principles of the Law of Software Contracts, Tentative Draft No.1

Robert A. Hillman, Maureen A. O'Rourke, and American Law Institute
Law and Ethics in Rationing Access to Care in a High-Cost Global Economy

Wendy K. Mariner and Paula Lobato de Faria
American Constitutional Interpretation, 4th ed.

Walter F. Murphy, James E. Fleming, Sotirios A. Barber, and Stephen Macedo
Eloquence and Reason: Creating a First Amendment Culture

Robert L. Tsai

This provocative book presents a theory of the First Amendment’s development. During the twentieth century, Americans gained trust in its commitments, turned the First Amendment into an instrument for social progress, and exercised their rhetorical freedom to create a common language of rights.

Robert L. Tsai explains that the guarantees of the First Amendment have become part of a governing culture and nationwide priority. Examining the rhetorical tactics of activists, presidents, and lawyers, he illustrates how committed citizens seek to promote or destabilize a convergence in constitutional ideas. Eloquence and Reason reveals the social and institutional processes through which foundational ideas are generated and defends a cultural role for the courts.
Digital Consumption Tax (D-CT)

Richard Thompson Ainsworth and Hiroki Akioka

Modern technology is dramatically changing the way consumption taxes are collected, but it is also changing the way policymakers assess the operation and impact of these taxes. Whether the design is a standard credit-invoice value added tax (VAT) of European design, or a retail sales tax (RST) of American design, or the credit subtraction VAT without invoices type of consumption tax (CT) of Japanese design, technology is having a profound impact. This book begins and ends with a tax reform. It starts with a proposal to the President's (George W. Bush's) Advisory Panel on Federal Tax Reform, and ends with a proposal for the consideration of Prime Minister Junichiro Koizumi's Tax Commission. Neither tax reform commission appears at the moment to be considering technological solutions, although both are critically interested in consumption taxes. In the U.S. case both of the identified structural barriers to a federal level VAT (federal-state coordination and regressivity) can be answered technologically. In the Japanese case a wholesale transformation of the CT is under consideration; one that would move the Japanese CT to an invoice system with multiple rates and a standard rate of 10 percent or higher. The structural departure that this proposal makes from the traditional Japanese CT need not be taken if technological solutions are applied, although the double digit rate increase seems to be a given for revenue reasons.

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