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Taxing the Church: Religion, Exemptions, Entanglement, and the Constitution
Edward A. Zelinsky
This book explores the taxation and exemption of churches and other religious institutions, both empirically and normatively. This exploration reveals that churches and other religious institutions are treated diversely by the federal and state tax systems. Sectarian institutions pay more tax than many believe. In important respects, the states differ among themselves in their respective approaches to the taxation of sectarian entities. Either taxing or exempting churches and other sectarian entities entangles church and state. The taxes to which churches are more frequently subject - federal Social Security and Medicare taxes, sales taxes, real estate conveyance taxes - fall on the less entangling end of the spectrum. The taxes from which religious institutions are exempt - general income taxes, value-based property taxes, unemployment taxes - are typically taxes with the greatest potential for church-state enforcement entanglement. It is unpersuasive to reflexively denounce the tax exemption of religious actors and institutions as a subsidy. Tax exemption can implement the secular, non-subsidizing goal of minimizing church-state enforcement entanglement and thus be regarded as part of a normative tax base.
Taxing the church or exempting the church involves often difficult trade-offs among competing and legitimate values. On balance, our federal system of decentralized legislation reasonably make these legal and tax policy trade-offs, though there is room for improvement in particular settings such as the protection of internal church communications and the expansion of the churches' sales tax liabilities.
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Comparative Constitutionalism : Cases and Materials
Norman Dorsen, Michel Rosenfeld, András Sajó, Susanne Baer, and Susanna Mancini
This comparative constitutional law casebook offers a comprehensive and paradigmatic approach to the subject: it examines how the vast increase in international movements of people, capital, goods, ideas, and information affect politics in and beyond nation-states and how this influx affects the rule of law, separation of powers, and fundamental rights. Indeed, this casebook stands apart as it represents an international collaboration of legal scholars and allows for diversity of perspectives. Utilizing case excerpts from at least 40 countries across every continent, students will examine the assumptions, choices and trade-offs, strategies, and effects from decisions by constitutional courts and human rights tribunals throughout various legal systems and political contexts. Moreover, this book examines the different theories of constitutionalism and analyzes how constitutional democracies address similar issues in different institutional settings. This third edition includes new material that speaks to current issues of pressing importance: citizenship, transnational constitutionalism, authoritarian and illiberal constitutions, collective rights and minorities, Internet censorship, religion in the public space, mass surveillance, and targeted killings. Both teachers and students will appreciate the complete coverage of complex topics within a manageable size and format.
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Tort Law : Responsibilities and Redress
John C.P. Goldberg, Anthony J. Sebok, and Benjamin C. Zipursky
The Fourth Edition of Tort Law: Responsibilities and Redress has been updated to reflect the very latest developments in tort law, including discussions of the draft provisions of the Third Restatement of Torts concerning intentional torts. The book also contains new “Check Your Understanding,” “Big Thing” and “Did You Know?” text boxes along with a new user-friendly page layout. A set of PowerPoint slides on core cases and topics has been added to provide additional support to instructors.
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Fashion Law: Cases and Materials
Guillermo C. Jimenez and Barbara Kolsun
This casebook is the first to cover the new and rapidly growing field of Fashion Law. The fashion industry (a $1 trillion-plus global sector) is twice as large as all entertainment sectors added together and generates a high volume of unique and complex legal issues. First among these are intellectual property issues, which are examined and analyzed here in depth. Fashion licensing, anti-counterfeiting, international trade and business operations are also covered.
Authors Guillermo C. Jimenez (Fashion Institute of Technology, NYU Stern School of Business) and Barbara Kolsun (General Counsel— Stuart Weitzman, Cardozo Law School, NYU Law School) were founding pioneers of fashion law, creating the world's first committee on Fashion Law in 2005 and authoring the first American legal handbook on the topic in 2010.
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Trusts and Estates
Melanie B. Leslie and Stewart E. Sterk
The Third 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 and the Uniform Trust Code. 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.
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The Age of Deference: The Supreme Court, National Security, and the Constitutional Order
David Rudenstine
In October 1948-one year after the creation of the U.S. Air Force as a separate military branch-a B-29 Superfortress crashed on a test run, killing the plane's crew. The plane was constructed with poor materials, and the families of the dead sued the U.S. government for damages. In the case, the government claimed that releasing information relating to the crash would reveal important state secrets, and refused to hand over the requested documents. Judges at both the U.S. District Court level and Circuit level rejected the government's argument and ruled in favor of the families. However, in 1953, the Supreme Court reversed the lower courts' decisions and ruled that in the realm of national security, the executive branch had a right to withhold information from the public. Judicial deference to the executive on national security matters has increased ever since the issuance of that landmark decision. Today, the government's ability to invoke state secrets privileges goes unquestioned by a largely supine judicial branch.
David Rudenstine's The Age of Deference traces the Court's role in the rise of judicial deference to executive power since the end of World War II. He shows how in case after case, going back to the Truman and Eisenhower presidencies, the Court has ceded authority in national security matters to the executive branch. Since 9/11, the executive faces even less oversight. According to Rudenstine, this has had a negative impact both on individual rights and on our ability to check executive authority when necessary. Judges are mindful of the limits of their competence in national security matters; this, combined with their insulation from political accountability, has caused them in matters as important as the nation's security to defer to the executive. Judges are also afraid of being responsible for a decision that puts the nation at risk and the consequences for the judiciary in the wake of such a decision. Nonetheless, The Age of Deference argues that as important as these considerations are in shaping a judicial disposition, the Supreme Court has leaned too far, too often, and for too long in the direction of abdication. There is a broad spectrum separating judicial abdication, at one end, from judicial usurpation, at the other, and The Age of Deference argues that the rule of law compels the court to re-define its perspective and the legal doctrines central to the Age.
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Land Use Regulation, 2nd Edition
Stewart E. Sterk, Eduardo M. Peñalver, and Sara C. Bronin
This casebook offers a concise, user-friendly presentation of land use law which incorporates a focus on critical thinking and practice throughout. 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. New materials in the second edition ensure that students will become familiar with the latest trends in land use law.
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Jewish Law and Contemporary Issues
J. David Bleich and Arthur J. Jacobson
Organized as a series of authoritative discussions, this book presents the application of Jewish law - or Halakhah - to contemporary social and political issues. Beginning with the principle of divine revelation, it describes the contents and canons of interpretation of Jewish law. Though divinely received, the law must still be interpreted and "completed" by human minds, often leading to the conundrum of divergent but equally authentic interpretations. Examining topics from divorce to war and from rabbinic confidentiality to cloning, this book carefully delineates the issues presented in each case, showing the various positions taken by rabbinic scholars, clarifying areas of divergence, and analyzing reasons for disagreement. Written by widely-recognized scholars of both Jewish and secular law, this book will be an invaluable source for all who seek authoritative guidance in understanding traditional Jewish law and practice.
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J. David Bleich : Where Halakhah and Philosophy Meet
J. David Bleich, Hava Tirosh-Samuelson, and Aaron W. Hughes
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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.
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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.
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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.
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Negotiation: Processes for Problem Solving, Second Edition
Carrie J. Menkel-Meadow, Andrea K. 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.
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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.
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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.
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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.
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Mediation: Practice, Policy, and Ethics, Second Edition
Carrie Menkel-Meadow, Lela P. Love, and Andrea K. 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.
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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.
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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.
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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.
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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.
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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.
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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.
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