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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.
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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.
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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.
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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.
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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.
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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.
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Dispute Resolution: Beyond the Adversarial Model, Second Edition
Carrie Menkel-Meadow, Lela P. Love, Andrea K. 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.
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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.
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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.
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Consumer Bankruptcy
David Gray Carlson
Consumer Bankruptcy is a new 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. About the author: David Gray Carlson is Professor of Law at the Benjamin N. Cardozo School of Law. He is the author of a treatise on secured credit in bankruptcy and of over sixty law review articles on various aspects of bankruptcy and debtor-creditor law. Five of these articles concern the effect of the 2005 Bankruptcy Abuse Prevention and Consumer Protection Act, which revolutionized the law of consumer bankruptcies. He has taught a basic bankruptcy course for 25 years, before concluding that consumer bankruptcies had become such a sub-specialty that it is better taught in a course separate from the basic course. Besides teaching at Cardozo Law School, Carlson has taught at George Washington University Law School, University of Miami Law School, University of Michigan Law School and Washington & Lee School of Law.
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The Middle Voice: Mediating Conflict Successfully
Joseph B. Stulberg and Lela P. Love
Everyone mediates. The only question is: how well do we do it?
Whether you want to strengthen your skills as a professional mediator, or more successfully manage conflict in your workplace, classroom, family, community, service organization, or political group, this book will give you insight into conflict and tools to address it effectively.
The Middle Voice describes the crucial role that a mediator plays in dealing with disputes and the theory and strategy that guide successful performance. Richly illustrated with examples, it leads you stage by stage through the mediation process, outlining skills and knowledge necessary to execute each step. You will come away understanding what values govern mediation practice, how to begin a conversation between disputants, what to listen for, how to structure a constructive dialogue, ways to overcome impasse, and how to help disputing parties reach closure.
When done well, mediation develops understanding, energizes problem-solving, and helps people reach durable agreements. This straightforward, easy-to-understand book gives you the keys to success at helping others resolve their conflict.
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Tort Law : Responsibilities and Redress
John C.P. Goldberg, Anthony J. Sebok, and Benjamin C. Zipursky
This versatile casebook, written by authors who are at the forefront of torts scholarship, presents contemporary tort law in a clear and systematic framework. Now in its second edition, Tort Law: Responsibilities and Redress , has been refined based on classroom feedback to make it even more user-friendly and informative to students and professors alike. Among the distinctive characteristics of this unique casebook: Tort law is presented as a coherent whole. Students leave the course with a clear sense of what tort law is and what it does, and how it differs from other bodies of law, such as contracts or criminal law. Painstaking case selection ensures that students will be exposed to memorable opinions that effectively convey the substance of tort doctrine while also enabling the professor to explore from any given intellectual or political perspective underlying issues of policy, process, and theory. Current and classic cases expose students to a diverse array of case law, including decisions from jurisdictions around the country and from trial courts as well as state and federal appellate courts. Modular design of chapters permits the professor to proceed from any of several different starting points, including intentional torts, negligence, or a big-picture overview of the field. Ample explanatory text is provided, particularly in chapters that are likely to be covered early in the course. Additional materials three appendices and two "modules" are provided to permit professors who teach 5- or 6-hour courses to cover issues of history, policy, and theory. Substantial expository text offers unparalleled guidance in clarifying key torts concepts such as duty, breach, proximate cause, and intent. the Teacher's Manual sets the standard for giving professors everything they need to succeed in the classroom. the meticulous revision of this casebook includes: Revised Chapter 2, The Duty Element, makes the material more accessible to students and enables teachers to proceed more quickly through the duty component of negligence, should they wish to spend more time on other negligence topics or other torts. New cases are more straightforward and more modern than those they have replaced.. Revised Chapter 5, Proximate Cause and Palsgraf, presents with even greater clarity than the first edition, The topics within negligence law that are most prone to generate student confusion. Revised Chapter 9, Battery, Assault, and False Imprisonment, contains a new initial sequence of cases and notes carefully designed to support courses that begin with intentional torts. New website that includes "retired" cases from the First Edition, practice questions, and other materials of interest. Tort Law: Responsibilities and Redress, Second Edition, offers a contemporary approach to teaching torts without sacrificing attention To The conceptual underpinnings necessary to an in-depth understanding of tort law's operation in the modern legal system.
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The Four Lacanian Discourses, or, Turning Law Inside-Out
Jeanne L. Schroeder
This book proposes a taxonomy of jurisprudence and legal practice, based on the discourse theory of Jacques Lacan. In the anglophone academy, the positivist jurisprudence of H.L.A. Hart provides the most influential account of law. But just as positivism ignores the practice of law by lawyers, even within the academy, the majority of professors are also not pursuing Hart's positivist project. Rather, they are engaged in policy-oriented scholarship - that tries to explain law in terms of society's collective goals - or in doctrinal legal scholarship - that does not try to describe what law is, or to supply justifications for it - but which examines the 'internal' logic of law. Lacan's discourse theory has the power to differentiate the various roles of the practicing lawyer and the legal scholar. It is also able to explain the striking lack of communication between diverse schools of legal scholarship and between legal academia and the legal profession. Although extremely influential in Europe and South America, Lacanian theory remains largely unexplored (in the English-speaking world) outside of the field of comparative literature. In taking up the jurisprudential ramifications of Lacan's work, The Four Lacanian Discourses thus constitutes an original contribution to current theoretical and practical understandings of law.
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A Commentary to Hegel's Science of Logic
David Gray Carlson
Hegel is regarded as the pinnacle of German idealism and his work has undergone an enormous revival since 1975. In this book, David Gray Carlson presents a systematic interpretation of Hegel's 'The Science of Logic', a work largely overlooked, through a system of accessible diagrams, identifying and explicating each of Hegel's logical derivations.
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Estates and Trusts: Cases and Materials
Joel C. Dobris, Stewart E. Sterk, and Melanie B. Leslie
A functional approach to wills and to trusts, Estates and Trusts provides comprehensive treatment of the subject of estates and trusts. The Third Edition of the casebook provides increased focus on cutting edge issues including asset protection trusts, dynasty trusts, and tortious interference with inheritance. The new edition simplifies treatment of estate tax issues, and includes discussion of the estates of various celebrities including Anna Nicole Smith (complete with photograph), James Brown, Doris Duke, and Andy Warhol in order to bring complex legal issues to life.
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The Origins of the Ownership Society: How the Defined Contribution Paradigm Changed America
Edward A. Zelinsky
As Baby Boomers plan for their retirements, finance their children's educations, and provide for their families' medical expenses, they confront a fundamental reality: America today is a defined contribution society. We save for retirement, health care and educational savings through IRAs, 401(k) accounts, 529 programs, FSAs, HRAs, HSAs and other individual accounts which did not exist a generation ago. In its own way, the emergence of these accounts has been a revolution which has, step-by-step, without fanfare, cumulatively transformed tax and social policy in fundamental ways. The Origins of the Ownership Society describes the defined contribution revolution, its causes, and implications. For lawyers, the book provides useful insights into the network of individual accounts which are now central features of the U.S. income tax for retirement, medical, and health savings. For those concerned about public policy, the book provides useful guidance regarding our options in providing for the retirement of the mass numbers of Baby Boomers, and in preparing young Americans for the medical costs of their older years. The defined contribution format will, for good or for ill, be the framework governing the Baby Boomers' choices. For everyone else, including the Baby Boomers themselves, the book explains where we are, how and why we got there, and what our options are for the future.
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Bioethical Dilemmas: A Jewish Perspective Volume 2
J. David Bleich
The awesome medical breakthroughs today raise perplexing ethical questions for the Torah world. Written for the scholar and general reader alike, this second volume in a series contains a treasure trove of information, such as cloning, stem cell research, hazardous medical procedures, controversy concerning circumcision, and more.
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The Logic of Subchapter K : a Conceptual Guide to the Taxation of Partnerships
Laura E. Cunningham and Noël B. Cunningham
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The Laws of Love : a Brief Historical and Practical Manual
Peter Goodrich
You are at a dinner with someone attractive. She suddenly kisses you. Or he leans unexpectedly across the table and caresses your thigh. Whatever. You know the kind of encounter and the range of possible responses. Consider the kiss. What does it mean, and where does it lead? Does kissing necessarily imply more, and if so how much? These and similar questions of amorous ethics and erotic disquisition are the central to our everyday intimate public lives and they are the lost object of the law of love, the lex amatoria collated and presented here.
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Administrative Law and Regulatory Policy: Problems Text, and Cases, 6th Edition
Michael Herz, Stephen G. Breyer, Richard B. Stewart, Cass R. Sunstein, and Adrian Vermeule
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Trusts and Estates
Melanie B. Leslie and Stewart E. Sterk
This new Concepts and Insights title 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. 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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Negotiation : Processes for Problem Solving
Carrie J. Menkel-Meadow, Andrea K. Schneider, and Lela P. Love
This comprehensive new negotiation book allows instructors teaching separate courses, short electives, linked ADR surveys, and CLE training courses or clinics to experience the distinctive approach of the celebrated author team of Menkel-Meadow, Schneider, and Love. Building on the material in their 2005 ADR survey casebook, NEGOTIATION: Processes for Problem Solving enlarges and enriches the topic coverage.
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Mediation : Practice, Policy, and Ethics
Carrie Menkel-Meadow, Lela P. Love, and Andrea K. Schneider
The book takes a distinctive new approach to the skills, processes, and applications of mediation: - comprehensive, current coverage of the world of mediation includes law and policy, case examples, practice guidelines for both mediators and attorney representatives in mediation, an exploration of mediation in the transactional and international arenas, and an examination of ethical guidelines and dilemmas - the authors present critiques of mediation, as well as its promise and potential - the distinguished author team, all leaders in dispute resolution, are recognized for their scholarship, teaching, practice, policy making, and standards drafting - practical problem-solving approach includes both analytical and behavioral approaches in varying gender, race, and cultural contexts - carefully selected cases are supported by key readings in various formats -- from critical articles and empirical studies to statutes and regulations To streamline preparation for class, an extensive Teacher's Manual contains: - suggested syllabi - teaching notes and discussion pointers - additional problems and role plays - lists of supplemental materials, such as videos and transcripts - examination and paper suggestions for each chapter.
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Contemporary Halakhic Problem Volume 5
J. David Bleich
The newest in a much-lauded series by a world-renowned authority on Jewish law and contemporary life, this volume includes sections on such issues as rabbinic confidentiality, the use of surveillance systems, fax and telephone machines on Shabbos, observance of mitzvos in polar regions, and much more. The author, a distinguished scholar, outlines the issues, brings the opinions of various halachic decisors, and explains the basis of disagreements between them. A must for anyone interested in Jewish law.
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