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Happiness and the Law

John Bronsteen, Christopher Buccafusco, and Jonathan S. Masur

Happiness and the law. At first glance, these two concepts seem to have little to do with each other. To some, they may even seem diametrically opposed. Yet one of the things the law strives for is to improve people’s quality of life. To do this, it must first predict what will make people happy. Yet happiness research shows that, time and time again, people err in predicting what will make them happy, overestimating the import of money and mistaking the circumstances to which they can and cannot adapt.
Estates and Trusts : Cases and Materials

Stewart E. Sterk and Melanie B. Leslie

This casebook presents a functional approach to Trusts and Estates. In addition to a focus on recent cases, the book uses questions and problems to focus student attention on issues that face estate planners, litigators and policy makers. In each chapter, it integrates discussion of drafting and planning issues with its treatment of doctrine and policy. In addition, this casebook is accompanied by power point slides to use in explaining concepts for which diagrams are useful, such as intestate succession, the elective share, anti-lapse statutes, abatement and future interests.
Legal Emblems and the Art of Law : Obiter Depicta as the Vision of Governance

Peter Goodrich

The history of the legal emblem has not been written. A seemingly fortuitous invention of the humanist lawyer Andrea Alciato in 1531, the emblem book is an extraordinary pictorial turn in the early history of publishing and in the emergence of modern law. The preponderance of juridical and normative themes, of images of rule and infraction, of obedience and error in the emblem books is critical to their purpose and interest. It is no accident that the history of this highly successful scholarly genre is dominated in authorship and content by lawyers. This book is the history of the emblem tradition as a juridical genre, along with the concept of, and training in obiter depicta, in things seen along the way to judgment. It argues that these picture books of law depict norms and abuses in classically derived forms that become the visual standards of governance. Despite the plethora of vivid figures and virtual symbols that define and transmit law, contemporary lawyers are not trained in the critical apprehension of the visible. This book is the first to reconstruct the history of the emblem tradition so as to evidence the extent to which a gallery of images of law already exists and structures how the public realm is displayed, made present, and viewed.
Negotiation : Processes for Problem Solving

Carrie J. Menkel-Meadow, Andrea Kupfer Schneider, and Lela P. Love

A distinguished team of leaders in the field of dispute resolution offers a thorough treatment of negotiation skills, ethics, and problem-solving techniques. Comprehensive and current, Negotiation: Processes for Problem Solving covers the theory, skills, ethical issues, and legal and policy analyses relevant to all key areas of negotiation practice. Carefully selected cases are supported by key readings, from critical articles and empirical studies to statutes and regulations.
In Praise of Intransigence : the Perils of Flexibility

Richard H. Weisberg

Flexibility is usually seen as a virtue in today's world. Even the dictionary seems to dislike those who stick too hard to their own positions. The thesaurus links "intransigence" to a whole host of words signifying a distaste for loyalty to fixed positions: intractable, stubborn, Pharisaic, close-minded, and stiff-necked, to name a few. In this short and provocative book, constitutional law professor Richard H. Weisberg asks us to reexamine our collective cultural bias toward flexibility, open-mindedness, and compromise. He argues that flexibility has not fared well over the course of history. Indeed, emergencies both real and imagined have led people to betray their soundest traditions. Weisberg explores the rise of flexibility, which he traces not only to the Enlightenment but further back to early Christian reinterpretation of Jewish sacred texts. He illustrates his argument with historical examples from Vichy France and the occupation of the British Channel Islands during World War II as well as post-9/11 betrayals of sound American traditions against torture, eavesdropping, unlimited detention, and drone killings. Despite the damage wrought by Western society's incautious embrace of flexibility over the past two millennia, Weisberg does not make the case for unthinking rigidity. Rather, he argues that a willingness to embrace intransigence allows us to recognize that we have beliefs worth holding on to -- without compromise.
The Philosophical Quest: Of Philosophy, Ethics, Law and Halakhah

J. David Bleich

This volume includes discussions of the axiological principles of faith that define the essence of Judaism, analyses of particular principles such as the nature of the Deity, providence, prophecy and revelation. Other topics addressed are tikkun olam and Jewish responsibilities in a non-Jewish society and obligations derived from natural law or a moral conscience.
Consumer Bankruptcy

David Gray Carlson

The third edition of Consumer Bankruptcy is a case book designed for a two- or three-unit law school course focusing solely on the unique issues that arise under the United States Bankruptcy Code when an individual with primarily consumer debts files for bankruptcy. The book fully explores the complexities introduced in 2005 with the enactment of the Bankruptcy Abuse Prevention and Consumer Protection Act, legislation that clearly sets out consumer bankruptcies as a very technical sub-specialty in the field of bankruptcy. Covered in this book are the barriers to entry by a consumer into chapter 7 liquidation, issues relating to discharge of debt, chapter 13 plans and chapter 13 cases converted to chapter 7.
Mediation : Practice, Policy, and Ethics

Carrie Menkel-Meadow, Lela P. Love, and Andrea Kupfer Schneider

Mediation: Practice, Policy, and Ethics provides a comprehensive and current introduction to the world of mediation, including law and policy, case examples, and practice guidelines for mediators and attorney representatives. Leading scholars and award-winning teachers in the field present critiques of mediation as well as its promise and potential. Their practical, problem-solving approach includes both analytical and behavioral approaches in varying gender, race, and cultural contexts. The text can be used for lawyer-mediators, lawyer-representatives in mediation, and non-lawyer mediators. The Second Edition showcases recent case developments in mediation and adds selections from the latest law review and practical writings on new forms and applications of the processes. New material on cultural diversity also includes coverage of international and intercultural mediation.
The Middle Voice: Mediating Conflict Successfully, 2nd Edition

Joseph B. Stulberg and Lela P. Love

Everyone mediates. The only question is: how well? Whether you want to be a better professional mediator or, in your role as supervisor, co-worker, parent, organizational leader or community or political activist you want to more successfully manage conflict, this book is for you. It is written in a clear, engaging style. Through its diverse examples and focus on concrete problem-solving strategies and tactics, it is a relevant, effective guide for any citizen. With its important new chapter providing guidance on managing conflicts laced with diversity dynamics, The Middle Voice describes the role of a mediator and the skills and knowledge necessary to conduct a successful process. In a historical era of polarized tensions and escalating conflict, The Middle Voice is an essential read for gaining confidence in, and knowledge about, resolving conflicts constructively and fairly.
Contemporary Halakhic Problem Volume 6

J. David Bleich

The series of volumes bearing the title Contemporary Halakhic Problems presents an authoritative analysis of the application of Jewish law to the current social, political, technological and religious problems. The author is a foremost Talmudic scholar, halakhist and bioethicist of international renown.

In Volume VI, Rabbi Bleich discusses societal and communal issues including use of torture as a weapon against terrorism, sacrificing human lives for the protection of society, enforcement of hetter iska agreements in American courts, malpractice liability, contemporary medical questions, miniscule crustaceans in New York water, parasite infested fish, issues concerning kohanim, commercial exploitation of human remains and much, much more.

Each of these topics has been the subject of considerable discussion and debate within the Jewish community. The author employs his formidable Talmudic knowledge in culling the relevant material from the vast responsa literature and brings to bear keen analytical skills in demonstrating how these sources illuminate emerging issues. This work is an invaluable source book for all students of traditional Jewish law and practice.

This classic authoritative series is a universal bestseller among both scholars and laymen. A Jerusalem Post reviewer observed that it is scholarly, lucid and good-tempered...Direct, comprehensive, realistic...enjoy this treasury of halakhic knowledge.
Tort Law : Responsibilities and Redress

John C.P. Goldberg, Anthony J. Sebok, and Benjamin C. Zipursky

Tort Law: Responsibility and Redress is an accessible, sophisticated casebook that provides students with a comprehensive understanding of the historical and contemporary development of the law. Drawing upon classic and current case law, followed by illuminating notes, it clarifies key tort concepts such as duty, breach, proximate cause and intent in a way that students find clear and relevant. The Third Edition has been updated to expand treatment of the Third Torts Restatement and emerging case law pertaining to emotional distress, products liability, comparative tort law and the Alien Tort Statute.
Administrative Law and Regulatory Policy: Problems, Texts, and Cases, 7th Edition

Stephen G. Breyer, Richard B. Stewart, Cass R. Sunstein, Adrian Vermeule, and Michael E. Herz

Outstanding authorship, rich materials, and systematic coverage are the hallmarks of Administrative Law and Regulatory Policy, now in its seventh edition. Administrative procedure is examined in light of substantive policy debates in areas such as health, safety, environmental protection, and economic regulation. Questions, notes, and problems support thoughtful reading and analysis of Supreme Court decisions, agency actions, and matters of contemporary debate. A careful and rigorous revision, the Seventh Edition updates content throughout, gives consistent attention to detail, and tightens the presentation. Combining attention to the most recent developments in the field with the rigor and breadth that have always characterized this classic book, the Seventh Edition offers a thorough and timely overview of administrative law.
Consumer Bankruptcy

David Gray Carlson

The second edition of Consumer Bankruptcy is a case book designed for a two- or three-unit law school course focusing solely on the unique issues that arise under the United States Bankruptcy Code when an individual with primarily consumer debts files for bankruptcy. The book fully explores the complexities introduced in 2005 with the enactment of the Bankruptcy Abuse Prevention and Consumer Protection Act, legislation that clearly sets out consumer bankruptcies as a very technical sub-specialty in the field of bankruptcy. Covered in this book are the barriers to entry by a consumer into chapter 7 liquidation, issues relating to discharge of debt, chapter 13 plans and chapter 13 cases converted to chapter 7.
The Logic of Subchapter K :A Conceptual Guide to the Taxation of Partnerships

Laura E. Cunningham and Noël B. Cunningham

This product is designed to guide students through the conceptual framework of subchapter K. The material avoids neither the hard questions nor the conceptual difficulties, leaving students with a firm understanding of partnership taxation. Each chapter begins with a basic explanation of the relevant provisions and the roles that they play in the overall structure of subchapter K. It includes an increasingly detailed discussion of the specific rules, including multiple illustrative examples. Each chapter builds on the earlier chapters, leading the student through subchapter K. It is appropriate for J.D. or graduate-level law school courses on partnership taxation.
Trusts and Estates

Melanie B. Leslie and Stewart E. Sterk

The Second Edition of Concepts and Insights on Trusts and Estates makes complex doctrinal rules easier to understand by exploring the history and rationale behind those rules. The analysis is thorough, and focuses both on common law doctrines and statutory reforms with an emphasis on the Uniform Probate Code (including the 2008 amendments). Each substantive chapter closes with a set of exam-like problems designed to test understanding of the material included in the chapter. The authors also include thorough solutions to each of these problems. This is the only book in the field that combines thorough doctrinal analysis with more than 60 review problems, each with complete solutions.
Dispute Resolution: Beyond the Adversarial Model, 2nd Edition

Carrie Menkel-Meadow, Lela P. Love, Andrea Kupfer Schneider, and Jean R. Sternlight

Dispute Resolution: Beyond the Adversarial Model, Second Edition, takes a comprehensive look at the current state of Dispute Resolution by incorporating key aspects of the negotiation, mediation, arbitration, and hybrid processes: the theoretical frameworks that define the processes, the skills needed to practice them, the ethical issues implicated in their uses, and the legal and policy analyses surrounding each process.
Law, Justice, Democracy, and the Clash of Cultures : a Pluralist Account

Michel Rosenfeld

The Cold War ideological battle with universal aspirations has given way to a clash of cultures as the world concurrently moves toward globalization of economies and communications and balkanization through a clash of ethnic and cultural identities. Traditional liberal theory has confronted daunting challenges in coping with these changes and with recent developments such as the spread of postmodern thought, religious fundamentalism, and global terrorism. This book argues that a political and legal philosophy based on pluralism is best suited to confront the problems of the twenty-first century. Pointing out that monist theories such as liberalism have become inadequate and that relativism is dangerous, the book makes the case for pluralism from the standpoint of both theory and its applications. The book engages with thinkers, such as Spinoza, Kant, Hegel, Rawls, Berlin, Dworkin, Habermas, and Derrida, and with several subjects that are at the center of current controversies, including equality, group rights, tolerance, secularism confronting religious revival, and political rights in the face of terrorism.
Estates and Trusts : Cases and Materials

Stewart E. Sterk, Melanie B. Leslie, and Joel C. Dobris

This casebook presents a functional approach to Trusts and Estates. In addition to a focus on recent cases, the book uses questions and problems to focus student attention on issues that face estate planners, litigators and policy makers. In each chapter, it integrates discussion of drafting and planning issues with its treatment of doctrine and policy.In addition, this casebook is accompanied by power point slides to use in explaining concepts for which diagrams are useful, such as intestate succession, the elective share, anti-lapse statutes, abatement and future interests. The unusually helpful teacher’s manual includes not only case summaries and detailed legal analysis, but detailed lesson plans and discussion questions for those new to law teaching.
Land Use Regulation

Stewart E. Sterk and Eduardo M. Peñalver

This casebook offers a concise, user-friendly presentation of land use law. Written with an eye toward simulating the sorts of land-use issues that students will face as lawyers working for developers, planners or environmental advocates, it incorporates a focus on practice throughout. In addition, the casebook devotes an entire chapter to complex and realistic scenarios that provide students an opportunity to bring to bear what they have learned throughout the semester to solve challenging legal and strategic problems.
Bi-Netivot Ha-Halakhah Volume 4

J. David Bleich
The Law of Debtors and Creditors

David Gray Carlson

The Law of Debtors and Creditors is a new case book for a three-unit law school course focusing on the basic principles of American debtor-creditor law. The book focuses on the law of execution on money judgments, using New York law as a paradigm. It also thoroughly covers fraudulent conveyance law, as it exists under state law and under bankruptcy in general. The book also explores the basic principles of chapter 7 liquidation, as well as a thorough review of the avoidance powers granted to a bankruptcy trustee under the Bankruptcy Code.
Comparative Constitutionalism : Cases and Materials

Norman Dorsen, Michel Rosenfeld, András Sajó, and Susanne Baer

This law school casebook examines how the vast increase in international movements of people, capital, goods, ideas and information affect politics in and beyond nation-states, the rule of law and separation of powers, and fundamental rights. It contains case excerpts from at least 40 countries in all continents, examining the assumptions, choices and trade-offs, strategies and effects of decisions from constitutional courts and human rights tribunals in different legal systems and political contexts. It discusses different theories of constitutionalism and how constitutional democracies address similar issues, in different institutional settings. The second edition newly covers the controversy concerning citations to foreign authorities in U.S. Supreme Court decisions, as well as cases arising out of the war on terrorism, including torture. In particular, there is new material on dignity, gay marriage, data protection, pornography, religious diversity, and developments in social welfare.
Elements of Law

Eva H. Hanks, Michael E. Herz, and Steven S. Nemerson

This casebook is ideal for any introduction to law or legal method course. It is designed to develop analytic, interpretive, and advocacy skills that will be helpful to students across the range of substantive courses, while also encouraging students to think critically about the judicial process and the role of judges in a democracy. The second edition of Elements of Law significantly reworks and updates the first edition, which was published in 1994, while preserving the essential features and many of the principal cases from that edition. This new edition is more compact than its predecessor because the lengthy materials on jurisprudence have been eliminated. Thus, half of the book is devoted to the common law and half to statutory interpretation.
The Identity of the Constitutional Subject : Selfhood, Citizenship, Culture, and Community

Michel Rosenfeld

The last fifty years has seen a worldwide trend toward constitutional democracy. But can constitutionalism become truly global?

Relying on historical examples of successfully implanted constitutional regimes, ranging from the older experiences in the United States and France to the relatively recent ones in Germany, Spain and South Africa, Michel Rosenfeld sheds light on the range of conditions necessary for the emergence, continuity and adaptability of a viable constitutional identity - citizenship, nationalism, multiculturalism, and human rights being important elements.

The Identity of the Constitutional Subject is the first systematic analysis of the concept, drawing on philosophy, psychoanalysis, political theory and law from a comparative perspective to explore the relationship between the ideal of constitutionalism and the need to construct a common constitutional identity that is distinct from national, cultural, ethnic or religious identity.

The Identity of the Constitutional Subject will be of interest to students and scholars in law, legal and political philosophy, political science, multicultural studies, international relations and US politics.
Bircas Hachammah : Blessing of the Sun-Renewal of Creation

J. David Bleich

Every twenty-eight years, for a few hours on a Wednesday morning in April, throngs of Jews fill streets, sidewalks, rooftops and parks for the most infrequent ritual in Judaism the Blessing of the Sun. The ancient rite marks the return of the sun to the exact place it occupied on the fourth day of Creation on the same day and at the same hour that the sun began to shine in the primordial heavens.