This collection contains books authored by Cardozo Law faculty, showcasing contributions to legal scholarship across a wide range of subjects.
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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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Dispute Resolution: Beyond the Adversarial Model
Carrie Menkel-Meadow, Lela P. Love, Andrea K. Schneider, and Jean R. Sternlight
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The Triumph of Venus : the Erotics of the Market
Jeanne L. Schroeder
The theory of law and economics that dominates American jurisprudence today views the market as rational and individuals as driven by the desire to increase their wealth. It is a view riddled with misconceptions, as Jeanne Lorraine Schroeder demonstrates in this challenging work, which looks at contemporary debates in legal theory through the lens of psychoanalysis and continental philosophy. Through metaphors drawn from classical mythology and interpreted via Lacanian psychoanalysis and Hegelian philosophy, Schroeder exposes the hidden and repressed erotics of the market. Her work shows how the predominant economic analysis of markets and the standard romantic critique of markets are in fact mirror images, reflecting the misconception that reason and passion are inalterably opposed.
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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 commercial relationships and the development of human rights. It contains examples from countries in all continents, examining the assumptions, choices, trade-offs and values that have formed the foundations of individual legal systems. Examples also illustrate how other constitutional democracies address similar problems, and illuminate different theories of constitutionalism as they have evolved in many types of legal systems. The work also seeks to help students comprehend the nature and problems of regional and international institutions and adjudicatory bodies.
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Judaism and Healing: Halakhic Perspectives
J. David Bleich
Judaism and Healing is a concise, incisive, but nontechnical study of major issues in medical bioethics. Rabbi Bleich examines each topic from the perspective of Jewish tradition. Truth-telling, professional secrecy, population policy, abortion, sex-change surgery, test tube babies, animal experimentation, euthanasia, autopsy, and sex preselection are among the more than thirty topics discussed as a guide to understanding the teachings of normative Judaism. This new and expanded edition adds chapters on AIDS, surrogate motherhood, pregnancy reduction, cloning, and palliation of pain. Rabbi Bleich presents in a clear and lucid manner principles and concerns which enter into the formulation of a Jewish response to each of these issues. Judaism and Healing is a treasure-trover of information with regard to the concerns of both bioethics and Jewish law.
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Administrative Law and Regulatory Policy : Problems, Text, and Cases
Stephen G. Breyer, Richard B. Stewart, Cass R. Sunstein, Adrian Vermeule, and Michael E. Herz
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Actual Innocence : When Justice Goes Wrong and How to Make it Right
Jim Dwyer, Peter Neufeld, and Barry Scheck
Extraordinarily powerful stories of ordinary people locked up for crimes they did not commit, and how they were freed against great odds.
A nightmare from a thousand B-movies: a horrible crime is committed in your neighborhood, and the police knock at your door. A witness swears you are the perpetrator; you have no alibi, and no one believes your protestations of innocence. You're convicted, sentenced to hard time in maximum security, or even death row, where you await the executioner's needle.
Tragically, this is no movie script but reality for hundreds of American citizens. Our criminal justice system is broken, and people from all walks of life have been destroyed by its failures. But science and a group of incredibly dedicated crusaders are working to repair the damage.
In the last ten years, DNA testing has uncovered stone-cold proof that sixty-five completely innocent people have been sent to prison and death row. But even in cases where there is physical evidence, the criminal justice system frees prisoners only after a torturous legal process. Incredibly, according to many trial judges, "actual innocence" is not grounds for release from prison.
At the Innocence Project, Barry Scheck and Peter Neufeld have helped to free thirty-seven wrongly convicted people, and have taken up the cause of hundreds more. Pulitzer Prize-winning columnist Jim Dwyer has been covering innocence cases for a decade. In Actual Innocence, Scheck, Neufeld, and Dwyer relate the harrowing stories of ten innocent men--convicted by sloppy police work, corrupt prosecutors, jailhouse snitches, mistaken eyewitnesses, and other all-too-common flaws of the trial system--and tell of the heroic efforts to free them.
Intense, startling, and utterly compelling, Actual Innocence is a passionate and fascinating journey through the looking glass of the American criminal justice system.
Tragically, this is no movie script but reality for hundreds of American citizens. Our criminal justice system is broken, and people from all walks of life have been destroyed by its failures. But science and a group of incredibly dedicated lawyers are working to repair the damage.
In the last decade of this century, DNA testing has uncovered stone-cold proof that fifty-five completely innocent people were sent to prison and death row. At the Innocence Project, Barry Scheck and Peter Neufeld have managed to free forty-three wrongly convicted people and have taken up the cause of two hundred more. Pulitzer Prize winning columnist Jim Dwyer covered this courthouse revolution from its very first days. In Actual Innocence, Scheck, Neufeld, and Dwyer relate the harrowing stories of ten of these individuals--convicted by sloppy police work, corrupt prosecutors, jailhouse snitches, mistaken witnesses, inept lawyers, and other all-too-common flaws in the trial system--and tell of the heroic efforts to free them.
Intense, harrowing, and compelling, Actual Innocence is a passionate argument for sanity in our courtrooms and a fascinating journey through the looking glass of the American criminal justice system. -
The Logic of Subchapter K : a Conceptual Guide to the Taxation of Partnerships
Laura E. Cunningham and Noël B. Cunningham
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. 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's seamless web. For J.D. or graduate-level law school courses on partnership taxation.
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Actual Innocence : Five Days to Execution and Other Dispatches from the Wrongly Convicted
Jim Dwyer, Peter Neufeld, and Barry Scheck
Extraordinarily powerful stories of ordinary people locked up for crimes they did not commit, and how they were freed against great odds. A nightmare from a thousand B-movies: a horrible crime is committed in your neighborhood, and the police knock at your door. A witness swears you are the perpetrator; you have no alibi, and no one believes your protestations of innocence. You're convicted, sentenced to hard time in maximum security, or even death row, where you await the executioner's needle. Tragically, this is no movie script but reality for hundreds of American citizens. Our criminal justice system is broken, and people from all walks of life have been destroyed by its failures. But science and a group of incredibly dedicated crusaders are working to repair the damage. In the last ten years, DNA testing has uncovered stone-cold proof that sixty-five completely innocent people have been sent to prison and death row. But even in cases where there is physical evidence, the criminal justice system frees prisoners only after a torturous legal process. Incredibly, according to many trial judges, "actual innocence" is not grounds for release from prison. At the Innocence Project, Barry Scheck and Peter Neufeld have helped to free thirty-seven wrongly convicted people, and have taken up the cause of hundreds more. Pulitzer Prize-winning columnist Jim Dwyer has been covering innocence cases for a decade. In Actual Innocence, Scheck, Neufeld, and Dwyer relate the harrowing stories of ten innocent men--convicted by sloppy police work, corrupt prosecutors, jailhouse snitches, mistaken eyewitnesses, and other all-too-common flaws of the trial system--and tell of the heroic efforts to free them. Intense, startling, and utterly compelling, Actual Innocence is a passionate and fascinating journey through the looking glass of the American criminal justice system.
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Gilmore and Carlson on Secured Lending : Claims in Bankruptcy
Grant Gilmore and David Gray Carlson
Enormous revolutions have occurred in commercial law since the publication of the landmark GILMORE ON SECURITY INTERESTS IN PERSONAL PROPERTY. In this new edition, The author analyzes the law of secured credit under federal bankruptcy law. He presents an exhaustive and authoritative analysis of secured claims in bankruptcy since even secured creditors cannot rely passively on their relatively privileged status but must avoid potential pitfalls to recovery and actively pursue all available assets of the debtor. Virtually all of the material is new to this revision since secured creditors were largely immune from bankruptcy administration prior to 1978. Secured interests are now enforced in bankruptcy proceedings far more than anywhere else. Moreover, bankruptcy law does not adhere to a distinction between real and personal property. In Part I the authors cover the avoidance powers of a bankruptcy trustee against security interests otherwise good under state law. Among the topics covered are voidable preferences, commingled bank accounts, lapsed perfection, and exempt property. Part II begins the discussion of the administrative treatment of a secured claim once it is established as valid in bankruptcy. Topics included are liquidation and reorganization, reinstatement and cure, special status of airplanes, redemption and affirmation, automatic stay, proofs of claim, adequate protection and cash collateral. Part III concludes with analysis of after-acquired property and proceeds, proceeds and voidable preferences, power of sale, surcharge, post petition secured credit, 'double elevens,' classification veto, equity cushions, post petition interest rates, and fees, costs, and charges. Gilmore and Carlson on Secured Lending: Claims in Bankruptcy will enable practitioners to serve the interests of their creditor clients more effectively by recovering the maximum amount possible from any bankruptcy proceeding.
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Cases and Materials on Civil Procedure
A. Leo Levin, Philip Shuchman, and Charles M. Yablon
This casebook covers major aspects of civil procedure. The author makes extensive use of empirical materials to illustrate the impact of procedural rules on actual cases. It is a broadly focused look at civil procedure including both state and federal practice.
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Bioethical Dilemmas: A Jewish Perspective Volume 1
J. David Bleich
A collection of less technical lectures and papers presented by halackic scholar and ethicist Bleich to a wide range of audiences over the past few decades. From a Jewish perspective, they engage such issues as assisted procreation, surrogate motherhood, pregnancy reduction, sperm banking, disclosure of information, care of the terminally ill, AIDS, HIV screening, and conjoined twins.
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Ritchie, Alford & Effland's Estates and Trusts : Cases and Materials
Joel C. Dobris and Stewart E. Sterk
Ritchie, Alford, and Effland's Estates and Trusts provides comprehensive treatment of the subject of estates and trusts. It includes sections on life insurance, Medicaid trusts, planning for incapacity, and estate planning for gay and lesbian testators. As a teaching tool, the book adapts to three- or four-credit courses.
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Just Interpretations : Law Between Ethics and Politics
Michel Rosenfeld
In pluralistic societies that lack common ethical, social, and political values, legal interpretation is constantly under siege. Just interpretations—that is, interpretations that reflect a shared vision of justice—may become just interpretations in the sense of mere interpretations, rooted in the orientations and interests of different groups. Confronting this crisis in legal interpretation, Just Interpretations offers a critical appraisal of the principal theoretical trends in contemporary American and European jurisprudence and proposes an alternative approach.
Michel Rosenfeld's critique focuses on neoformalism, pragmatism, discourse theory, and legal autopoiesis, and includes discussions of such authors as Habermas, Rorty, Posner, Luhmann, Dworkin, Fish, and Weinrib. To overcome the drawbacks of these theories, Rosenfeld elaborates a theory of "comprehensive pluralism," based on a substantive vision of pluralism. This approach, building on the insights of deconstruction, turns the fact of pluralism into a guiding normative imperative.
Just Interpretations will attract the attention of constitutional scholars, political scientists, and critical theorists, and will also address an interdisciplinary audience interested in texts, interpretations, and postmodern concerns with justice. -
The Vestal and the Fasces : Hegel, Lacan, Property, and the Feminine
Jeanne L. Schroeder
In this feminist exploration of the erotics of the marketplace, Hegel's notion of property and Lacan's idea of the phallus serve parallel functions in creating the subjectivity necessary for self-actualization. Subjectivity requires intersubjective relationships mediated through a regime of possessing, enjoying, and exchanging an object of desire. For Hegel, this regime is property; for Lacan, it is sexuality, symbolized by the Phallus, which we conflate with the male organ and the female body. Property law, in Jeanne Schroeder's account, is implicitly figured by similar anatomical metaphors for that which men wish to possess and that which women try to be and enjoy. This is reflected in imagery taken from ancient Rome—the axe and bundle of sticks known as the Fasces, and the virgin priestess called the Vestal. Schroeder traces the persistence of phallic metaphors in modern jurisprudence. Rejecting the dominant schools of legal feminism, she reconceptualizes property—the legal relationship as well as its not necessarily material object—as a necessary moment in the human struggle for love and recognition. The Feminine, for Schroeder, is the radical negativity at the heart of both Lacan's split subject and Hegel's concept of freedom. Feminine emancipation and private property are, therefore, equally necessary conditions for the actualization of the free individual and the just society. Feminist scholars, social theorists, political scientists, philosophers, and lawyers will find in Schroeder's analysis scintillating new perspectives on property theory and the feminine within the market and the law.
