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Judicial Uses of Images: Vision in Decision

Peter Goodrich

A judge springs out of his car on the way to court in downtown Chicago and takes photographs of an inflatable rat. A while later he inserts these photographs into a decision involving another insufflated rodent used in a union protest. The increasing use of images in case law and precedent in the common law world provides a novel visual atlas of how lawyers see. Using a corpus of many images drawn from decisions in different common law jurisdictions across the globe, Judicial Uses of Images catalogues, analyzes, and reviews the normative significance and affective force of this new medium of legal expression and judgement. The remediation of law is critically dissected in the terms of the emergent optical criteria and protocols of retinal justice.
Creating the Musée d'Orsay: The Politics of Culture in France, 25th Anniversary Edition

Andrea Kupfer Schneider

The Gare d'Orsay train station, designed by French architect Victor Laloux, opened in Paris in 1900 to much fanfare. In fact, it was so beautiful that the French painter Edouard Détaille felt it would be more appropriate as a museum. Eighty-six years later, after a complex and controversial decision-making process, the French government finally transformed the station into the Musée d'Orsay, now one of the most dramatic and popular museums in Paris. Professor Andrea Kupfer Schneider uses her expertise in decision-making analysis and negotiation to present the fascinating history of the creation of the Musée d'Orsay and the battles among the prominent politicians, curators, and historians over the architecture, collections, and concept of the museum. First published in the United States of America by The Pennsylvania State University 1998. 25th Anniversary edition published by Meadows Communications 2022.
Administrative Law and Regulatory Policy: Problems, Text, and Cases, 9th Edition

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

The ninth edition of this classic casebook Administrative Law and Regulatory Policy: Problems, Text, and Cases is streamlined and updated while retaining the previous editions’ rigor, comprehensiveness, and contextual approach.

Outstanding authorship, rich and varied materials, and comprehensive coverage remain the hallmarks of the ninth edition of the acclaimed Administrative Law and Regulatory Policy: Problems, Text, and Cases. Administrative procedure is examined in the context of substantive policy debates regarding regulation in a wide range of areas. Extensive notes, questions, and problems support thoughtful reading and analysis. The presentation acknowledges complexity and contradictions in the material while still providing explanations and guideposts along the way. Problems interspersed throughout provide an opportunity to explore the doctrine in more depth and test one’s understanding of it.
Comparative Constitutionalism: Cases and Materials, 4th Edition

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

This law school casebook examines how the vast increase in international movements of people, capital, goods, ideas and information affects 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 fourth edition contains two new chapters addressing respectively illiberal and populist constitutionalism and developing national and transnational constitutional treatments of climate change. In addition, this edition newly covers transgender equality rights, recent constitutional treatments of secession movements, and use of emergency powers to confront the Covid-19 pandemic.
A Pluralist Theory of Constitutional Justice

Michel Rosenfeld

In recent years, liberal constitutionalism has come under sharp attack. Globalization has caused huge disparities in wealth, identity-based alienation triggered by mass migration, and accompanying erosions of democracy. Liberal populists have also adapted the framework of liberal institutionalism, masking their aim to subvert its core values. These developments bring the links between justice and the constitution to the fore, particularly concerning distributive justice in its three dimensions of redistribution, recognition, and representation.

A Pluralist Theory of Constitutional Justice provides a systematic account of the central role of distributive justice in the normative legitimation of liberal constitutions. The requirements of distributive justice are highly contested, and constitutions are susceptible to influencing those they govern. By drawing on Rawls' insight that distributive justice calls for "constitutional essentials", Rosenfeld advances the thesis that liberal constitutions must incorporate certain "justice essentials".

This book is divided into three sections. Part one examines the current legal, economic, political and ideological developments that pose challenges to the normative viability of liberal constitutionalism. Part two offers a rereading of philosophical and jurisprudential literature that sheds crucial light on the relationship between constitution and justice. Finally, part three makes a case for using a thoroughly pluralistic approach in the quest for a constitution's justice essentials.
The Logic of the Transfer Taxes: A Guide to the Federal Taxation of Wealth Transfers, 2nd Edition

Laura E. Cunningham and Noel B. Cunningham

The Logic of the Transfer Taxes: A Guide to the Federal Taxation of Wealth Transfers offers a broad survey of the federal transfer tax system. It thoroughly covers all of the fundamental rules of the gift, estate and generation skipping transfer taxes and provides numerous illustrative examples. It also offers a glimpse of some popular tax planning techniques, including FLPs, GRATS and IDGT’S, and the Special Valuation Rules of Chapter 14. It is appropriate for use as a coursebook for a two or three credit JD or LLM course, or as a reference for newcomers to the area. The Second Edition incorporates changes to the law made by the Tax Cuts and Jobs Act of 2017.
Tort Law: Responsibilities and Redress, 5th Edition

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

Tort Law: Responsibilities and Redress presents tort law as a complex but coherent subject. The authors have arranged the materials to be both highly sophisticated and extremely user friendly. This book has been adopted at schools across the country and always receives high praise from faculty and students for its relevant, contemporary cases, extensive and informative notes, and its 500+ page, cradle-to-grave Teacher’s Manual. The Fifth Edition of Tort Law: Responsibilities and Redress has been updated to reflect the very latest developments in tort law, including discussions of new developments in civil rights law (pertaining especially to excessive force claims against police), as well as public nuisance, toxic torts, and new draft provisions of the Third Restatement of Torts: Intentional Torts to Persons. The book also contains “Check Your Understanding,” “Big Think,” and “Did You Know?” text boxes designed to enable students to engage in self-assessment, along with a user-friendly page layout. A comprehensive set of high-quality PowerPoint slides covering all principal cases is also available to adopters.
Trusts and Estates, 4th Edition

Melanie B. Leslie and Stewart E. Sterk

The Fourth 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.
Land Use Regulation, 3rd 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 third edition ensure that students will become familiar with the latest trends in land use law.
Dispute Resolution: Beyond the Adversarial Model, 3rd Edition

Carrie Menkel-Meadow, Michael Moffitt, Lela P. Love, and Andrea K. Schneider

Dispute Resolution: Beyond the Adversarial Model, Third Edition provides a comprehensive look at the current state of ADR. For each area of Negotiation, Mediation, Arbitration, and Hybrid processes, the text incorporates four key aspects: the theoretical framework defining the process; the skills needed to practice it; the ethical issues implicated in its use and how to counsel users of such processes; and legal and policy analyses, with questions and problems within the text.
The Middle Voice: Mediating Conflict Successfully, 3rd Edition

Joseph B. Stulberg and Lela P. Love

Events that divide communities lace our history. Mediators wonder whether they might positively assist community leaders in dealing with these challenges. In the third edition of The Middle Voice, Stulberg and Love systematically identify how a mediator constructively helps local stakeholders strengthen their resiliency to successfully address such matters.

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 for constructive engagement in conflicts that polarize communities, 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.
The Logic of the Transfer Taxes: A Guide to the Federal Taxation of Wealth Transfers, 1st Edition

Laura E. Cunningham and Noel B. Cunningham

The Logic of the Transfer Taxes: A Guide to the Federal Taxation of Wealth Transfers offers a broad survey of the federal transfer tax system. It thoroughly covers all of the fundamental rules of the gift, estate and generation skipping transfer taxes and provides numerous illustrative examples. It also offers a glimpse of some popular tax planning techniques, including FLPs, GRATS and IDGT’S, and the Special Valuation Rules of Chapter 14. It is appropriate for use as a coursebook for a two or three credit JD or LLM course, or as a reference for newcomers to the area.
Blockchain and the Law: The Rule of Code

Aaron Wright and Primavera De Filippi

Since Bitcoin appeared in 2009, the digital currency has been hailed as an Internet marvel and decried as the preferred transaction vehicle for all manner of criminals. It has left nearly everyone without a computer science degree confused: Just how do you “mine” money from ones and zeros?

The answer lies in a technology called blockchain, which can be used for much more than Bitcoin. A general-purpose tool for creating secure, decentralized, peer-to-peer applications, blockchain technology has been compared to the Internet itself in both form and impact. Some have said this tool may change society as we know it. Blockchains are being used to create autonomous computer programs known as “smart contracts,” to expedite payments, to create financial instruments, to organize the exchange of data and information, and to facilitate interactions between humans and machines. The technology could affect governance itself, by supporting new organizational structures that promote more democratic and participatory decision making.

Primavera De Filippi and Aaron Wright acknowledge this potential and urge the law to catch up. That is because disintermediation—a blockchain’s greatest asset—subverts critical regulation. By cutting out middlemen, such as large online operators and multinational corporations, blockchains run the risk of undermining the capacity of governmental authorities to supervise activities in banking, commerce, law, and other vital areas. De Filippi and Wright welcome the new possibilities inherent in blockchains. But as Blockchain and the Law makes clear, the technology cannot be harnessed productively without new rules and new approaches to legal thinking.
Contemporary Halakhic Problem Volume 7

J. David Bleich

Here in volume 7, Rabbi Bleich writes on a diverse set of fascinating topics such as the kashrus of stem-cell burgers, using cameras to certify milk as cholov Yisroel or to deal with yichud, medical and cosmetic tattooing, vaccinations and much more.
Administrative Law and Regulatory Policy: Problems, Text, and Cases, 8th Edition

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

Administrative Law and Regulatory Policy: Problems, Text, and Cases provides a solid foundation to help students master the principles of Administrative Law in an era of change. This renowned casebook retains the strengths that have made it so popular through previous editions: impeccable authorship logical organization that reflects the major components of administrative procedure and reveals the interaction between doctrine and procedure as well as bureaucratic and political factors at work plentiful notes and problems that reinforce the cases and aid in surveying administrative regulation exceptionally insightful historical material on the rise of regulation And The role of the New Deal in changing American government full coverage of the economic aspects of regulatory control, including cost-benefit analysis detailed treatment of the goals and performance of the regulatory state, including regulatory aspirations, successes, and failures, To give students a deep and rich understanding of the subject new information on the regulation of telecommunications detailed new material on important developments regarding the separation of powers, energy policy And The environment, and administrative law issues raised by potential conflicts new case study section on the joint U.S. Supreme Court/D.C. Circuit decision on the nondelegation doctrine in the context of the Clean Air Act unique discussion of the use of cost-benefit analysis in the Bush and Clinton administrations, not covered by any other casebook, And The legal challenges likely to arise in the next decade additional cases (Brown & Williamson, American Trucking) and new developments regarding the Chevron doctrine, The FDA's effort to regulate tobacco, The status of interpretive rules, And The power of the EPA more background information on cases for a fuller exploration of the issues.
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.
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.
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.
Démocraties Sous Stress : les Défis du Terrorisme Global

Antoine Garapon and Michel Rosenfeld
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.
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.
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.
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.
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.
J. David Bleich : Where Halakhah and Philosophy Meet

J. David Bleich, Hava Tirosh-Samuelson, and Aaron W. Hughes