New Books: July 2024

This book provides insight into the significance of the law of outer space in promoting order, cooperation, and peaceful activities in space. It emphasizes the advantages of having a legal framework in place to govern space exploration and utilization, rather than relying on power and force. 

The leading guide to clear writing--and clear thinking--in the legal profession for more than two decades, now newly updated.   Admirably clear, concise, down-to-earth, and powerful--all too often, legal writing embodies none of these qualities. Its reputation for obscurity and needless legalese is widespread. Since 2001, Bryan A. Garner's Legal Writing in Plain English has helped address this problem by providing lawyers, judges, paralegals, law students, and legal scholars with sound advice and practical tools for improving their written work. Now the leading guide to clear writing in the field, this indispensable volume encourages legal writers to challenge conventions and offers valuable insights into the writing process: how to organize ideas, create and refine prose, and improve editing skills. Accessible and witty, Legal Writing in Plain English draws on real-life writing samples that Garner has gathered through decades of teaching experience. Trenchant advice covers all types of legal materials, from analytical and persuasive writing to legal drafting, and the book's principles are reinforced by sets of basic, intermediate, and advanced exercises in each section. For this third edition, Garner has retained the structure of the previous versions, with updates and new material throughout. There are new sections on making your writing vivid and concrete and on using graphics to enhance your argument. The coverage and examples of key topics such as achieving parallelism, avoiding legalese, writing effective openers and summaries, and weaving quotations into your text have also been expanded. And the sample legal documents and exercises have been updated, while newly added checklists provide quick summaries of each section.   Altogether, this new edition will be the most useful yet for legal professionals and students seeking to improve their prose.  

In this thoroughly revised second edition, editors Bård A. Andreassen, Claire Methven O'Brien and Hans-Otto Sano continue to advance current discussions on human rights research methodology, bringing together an array of leading scholars to offer instruction and guidance on different approaches to the subject area. Research Methods in Human Rightsbridges the methodological deficit that is often compounded by the interdisciplinary nature of human rights research, providing an up-to-date assessment of the topic. New chapters include discussions of comparative human rights law, qualitative methods of data generation and analysis, methodological challenges facing human rights-based approaches, and the impact of new and emerging digital technologies. Crucially, the book effectively explores the complexities which arise when conducting human rights research at the crossroads of different academic disciplines, and puts forward an agenda for best practice. Offering a contemporary overview of this ever-evolving subject, this Research Handbook will be an excellent reference tool for academics, researchers and students in human rights, law and development, public international law and development studies. Given the recent prominence of human rights discourse at both national and international levels, this book will also be of great benefit to human rights practitioners and policy-makers.

This incisive Research Handbook provides valuable insights into the various methodological approaches to Private International Law (PIL) from regulatory and educational perspectives. It comprehensively unpacks central themes in the field including international jurisdiction, recognition and enforcement, and scrupulously analyses core debates whilst addressing legislative and policy issues. Featuring contributions from carefully selected eminent scholars, the Research Handbook is structured in three thematic sections. The first section explores the divide between public and private approaches to PIL regulation and research, covering human rights perspectives and key private initiatives in regulation. Moving on to address classical and modern research methodologies in PIL, the second section examines comparative law, empirical, economic and technical approaches and considers the influence of technology. The final section concludes with a discussion of crucial societal and educational aspects of PIL. Research Methods in Private International Lawwill prove an essential reference for academics, researchers, and students of law with a particular interest in PIL, human rights law and research methods in law. Its practical focus on methodology will also be of benefit to policymakers and legal practitioners in the PIL field.

A rallying cry for a more just approach to the law that bolsters social justice movements by throwing out originalism--the theory that judges should interpret the Constitution exactly as conservatives say the Founders meant it "The greatest trick conservatives ever pulled was convincing the world that originalism exists. This book is vital for understanding why the world sucks right now."--Elie Mystal, author of Allow Me to Retort There is no one true way to interpret the Constitution, but that's not what originalists want you to think. They'd rather we be held hostage to their "objective" theory that our rights and liberties are bound by history--an idea that was once confined to the fringes of academia. Americans saw just how subjective originalism can be when the Supreme Court cherry-picked the past to deny bodily autonomy to millions of Americans in Dobbs v. Jackson Women's Health. Though originalism is supposed to be a serious intellectual theory, a closer look reveals its many inherent faults, as it deliberately over-emphasizes a version of history that treats civil rights gains as categorically suspect. According to Madiba K. Dennie, it's time to let it go. Dennie discards originalism in favor of a new approach that serves everyone: inclusive constitutionalism. She disentangles the Constitution's ideals from originalist ideology and underscores the ambition of the Reconstruction Amendments, which were adopted in the wake of the Civil War and sought to build a democracy with equal membership for marginalized persons. The Originalism Trap argues that the law must serve to make that promise of democracy real. Seamlessly blending scholarship with sass and written for law people and laypeople alike, The Originalism Trap shows readers that the Constitution belongs to them and how, by understanding its possibilities, they can use it to fight for their rights. As courts--and the Constitution--increasingly become political battlegrounds, The Originalism Trap is a necessary guide to what's at stake and a vision for a more just future.

This timely book discusses the problem of State responsibility in connection with terrorist acts committed by non-State actors. It provides a detailed assessment of the consequences of wrongful acts of the State using contemporary examples such as the Bosnian Genocide, 9/11, and the 2016 and 2020 Nice attacks. State Responsibility and Terrorismunderlines the conceptual foundations of State responsibility before expertly examining the consequences for the commission of terrorist acts, complicity, and the failure to prevent and punish these crimes. Also, the book explores how conditions for the lawful use of force change according to State involvement, simultaneously dissecting the feasibility of complicity between States and non-State actors for terrorist conduct. Incorporating relevant contemporary case law and literature, examples include the 1979 Tehran Hostages case and the 2005 London bombings. In this framework, chapters discuss the Articles on State Responsibility for Internationally Wrongful Acts and assess the erga omnes character of the prohibition of terrorism in international law. Innovative and insightful, this book is a crucial resource for students and academics in public international law, as well as terrorism and security law. It is also beneficial to practitioners in international dispute settlement for reference to recent debates on international terrorism and State responsibility.

This fully revised and updated third edition provides a practical examination of legal and regulatory issues in FinTech, a sector whose rapid rise in recent years has produced opportunities for innovation but has also raised new challenges. Featuring insights from over 40 experts from 10 countries, this book analyses the statutory aspects of technology-enabled developments in banking and considers the impact these changes will have on the legal profession. Key Features: Three new chapters covering AI in the Financial Sector, Bank-Fintech Partnerships and Embedded Payments, and a Comparison of the Regulation of Cryptoasset Activities in Europe and the United States Examination of potential blockchain and artificial intelligence applications in the financial services industry Exploration of guidelines on data protection, payments, cybersecurity, central bank digital currencies, anti-money laundering, tokenisation and blockchain Analysis of the main regulatory and compliance issues surrounding FinTech developments, from patenting challenges to innovative solutions, including regulatory sandboxes Dissection of the EU's Regulation on Markets in Crypto-assets and DLT Pilot Regime, the US's Executive Order on Ensuring Responsible Development of Digital Assets, the UK's Financial Services and Markets Act Considering the benefits and risks of new types of financial technologies, this book will prove an invaluable guide for in-house and private lawyers interested in a comprehensive legal overview of the FinTech sector. It will also appeal to students and scholars of financial law, banking, and economics.

In the second half of 2020 and continuing into 2021, protests against racial injustice spread across the United States after the death of George Floyd while in the custody of Minneapolis Police Department officers. Members of the press covered these demonstrations, documenting what transpired and conveying the important messages involved. In so doing, the news media held law enforcement accountable through critical reporting on the actions of the police, with police officers responding in part by intimidating journalists in the field using force and arrest--this in the name of keeping the peace and protecting the public from further harm.   What transpired during this troubled time cast a bright light on the contemporary relationship between the press and police in the United States. The relationship between these two fundamental institutions is, however, a long and complicated one, dating back to colonial British North America. In the mid-19th century, (1830s-1850s) both the press and the police began to take their modern forms, and since then have continued to develop, routinely interacting with each other as journalists and police officers often found themselves responding to the same crimes and events. At times, members of both institutions managed to co-exist or even cooperate and made efforts to help one another, while at other times they butted heads to the point of conflict, the professional boundaries between journalists and police officers seemingly blurred.   As both the press and the police have fallen under deep scrutiny in more modern times, the present moment marks what is, perhaps, an opportune time to focus on the political, economic, social, and technological problems they face. In "Pressing the Police and Policing the Press," Scott Memmel offers the first book-length study of the history and legal landscape of the press-police relationship. Each chapter focuses on interactions between the press and the police during a particular era, introducing relevant societal context and how both institutions evolved and responded to that context. Memmel concludes his study with recommendations on how, going forward, the press and the police might work together to tackle some of the similar issues they face and better serve the public.  

This concise text frames legal writing as a process built around a set of predictable, principle-driven decision points. It empowers students to navigate those decision points with confidence because, rather than treating memos, briefs, and letters as skillsets unto themselves, it teaches a consistent process applicable to all documents students are likely to face throughout their careers.Centering both traditional and critical approaches, as well as intercultural communication skills, the book helps students learn the fundamentals of deductive reasoning and CREAC, while also introducing analytical and rhetorical tools for when existing laws or conventions are likely to produce injustice.Three foundational chapters describe step-by-step processes for conducting legal analysis, legal writing, and legal citation, respectively. The remaining chapters equip students to practice applying the fundamental processes to common settings such as predictive writing for law-trained audiences (memos, letters, and emails); oral presentations; advisory writing for lay clients; and persuasive writing to opposing parties and decision makers. Finally, the Appendix provides robustly annotated examples including a legal memorandum, an executive summary email, a letter to a lay client, and a trial court brief.Designed primarily for 1Ls, this text may be useful as well for upper-level students whose 1L instruction employed a document-specific text rather than a process-oriented one. It synthesizes legal writing fundamentals into an adaptable, process-oriented, practice-ready framework replicable across document types.For further context on the book's main purposes and themes, please watch this author interview.

The UN human rights treaty bodies are still in need of reform, since past initiatives were not as successful as hoped. Therefore, to secure the effective dischargement of their various mandates, particularly under the reporting procedure, the Committees need to be reformers on their own. Nils-Hendrik Grohmann delineates the Committees' powers from both a practical and theoretical perspective and demonstrates how far their legal mandates can reach. Effectiveness-orientated interpretation of procedural provisions that already endow the Committees with certain powers, allows for the extension of mandates. Thereby, the Committees can introduce new powers without State consent. In doing so, they are well-advised to approach the reporting procedure holistically, to develop coherent procedural approaches and to take into consideration the considerable overlap in terms of substantive provisions under the nine UN human rights treaties. Another key factor for reform is cooperation itself among the Committees, which increased in recent years through the Meeting of Chairpersons.

Preston Shipp imagined life as a prosecutor would be scripted like his heroes on TV, fighting the good fight as a good guy putting the bad guys in jail where they belonged. But a different storyline awaited him. When a twist of fate revealed to him how he enabled an unjust sentence for a 16-year-old, Preston discovered that in the justice according to Jesus, adversaries can become allies. In this book, Shipp shares his evolution from prosecutor to advocate. Through his unflinchingly candid narrative, Shipp inspires hope and underscores the transformative power of empathy and redemption - and issues a call to reform America's juvenile justice system.

This book analyses recent developments concerning the application of the international legal doctrines of recognition and self-determination in relation to the Western Sahara Question. It investigates the emergent shift in favour of Morocco's sovereignty claim to Western Sahara as apparent from the positions adopted by an increasing number of third States in the United Nations and the recent spate of third States establishing consulates in Western Sahara, with Morocco's encouragement. It reflects on what the functioning of the doctrines of recognition and self-determination in this situation reveals about contemporary international law in practice more generally. The work will be of interest to scholars, researchers, and postgraduate students as well as practitioners of public international law who have a particular interest in decolonisation, self-determination disputes, and/or conflicts about natural resource entitlements. It will also appeal to readers with an interest in the work of International Organisations, including the United Nations, the European Union, and the African Union, and to specialists in international relations and regional politics.

Explores the historical development and severe ramifications of America's strict abortion regulations. Nearly one in four women in the United States undergoes an abortion during their life. In Regulating Abortion, Deborah R. McFarlane and Wendy L. Hansen uncover the history of the complex web of regulations surrounding abortion in the United States and shed light on the stark reality of this heavily regulated and politically divisive health care service. McFarlane and Hansen delve into the historical development of abortion regulations since Roe v. Wade. They explore the underlying reasons for the extensive regulation of what they assert is a routine and safe medical procedure. The authors examine the multitude of factors that influence state-level abortion policies, including party affiliation, religion, the representation of women in legislatures, and political contributions. By demonstrating how these factors shape the landscape of abortion regulation across different states, they reveal the varying methods and justifications used to either restrict or protect abortion access, with a particular focus on the disproportionate impacts on women of color. The recent landmark US Supreme Court decision in Dobbs v. Jackson Women's Health Organization overturned long-standing precedents. McFarlane and Hansen provide timely insights into the implications of this ruling and how it further amplifies the disparities among states in regulating abortion. An essential resource for understanding the influences driving this divide, Regulating Abortion offers a comprehensive analysis of US abortion policy contextualized by relevant Supreme Court decisions and a comparative exploration of abortion regulation in Western Europe.

In the United States and elsewhere, the questions of who should serve as a judge and how these judges should be chosen are increasingly contested. In Litigating Judicial Selection, Herbert Kritzer examines these questions with a comprehensive analysis of judicial-selection litigation over time and place. With a data set of over 2,000 cases from around the world, Kritzer offers new insight into the judicial selection by way of in-depth statistical analysis and an extensive narrative description of several important case studies. This book should be read by anyone seeking insight into the way judges are selected in the twenty-first century.

This book uses environmental disputes as a focus to develop a novel comparative analysis of the functions of international adjudication. Paine focuses on three challenges confronting international tribunals: managing change in applicable legal norms or relevant facts, determining the appropriate standard and method of review when scrutinising State conduct for compliance with international obligations, and contributing to wider processes of dispute settlement. The book compares how tribunals manage these challenges across four key sites of international adjudication: adjudication in the World Trade Organization and under the United Nations Convention on the Law of the Sea, International Court of Justice litigation, and investment treaty arbitration. It shows that while international tribunals perform several key functions in the contemporary international legal order, they are subject to significant constraints. Paine makes a genuine addition to literature on the role of international adjudication in international law which will benefit academics, practitioners, and policymakers.

Public Interest Considerations in US Merger Control: An Assessment of National Security and Sectoral Regulators offers a detailed study of the enforcement goals and regulatory framework of merger control assessment in the US. Assessment approaches vary considerably across sectors and Kokkoris explores the different approaches adopted by a range of US regulatory authorities, including the Committee on Foreign Investment in the United States, the Federal Communications Commission, the Department of Transportation, and the Board of Governors of the Federal Reserve System. Kokkoris argues that US merger assessments can be convoluted as transactions can be assessed under a public interest test by one sectoral authority and under a competition test by the Federal Trade Commission or the Department of Justice. These overlapping approaches can lead to contradictory outcomes, resulting in ineffective competitive dynamics in the sectoral market. The book focuses on the composition, legislation, and the relevant public interest considerations of each regulatory authority and presents seminal cases that illustrate the different enforcement approaches as well as the possible discrepancies between competition law-based assessments and national security or public interest-based assessments. Distilling all these considerations, Public Interest Considerations in Merger Control suggests that the application of the varying shades of the public interest standard can result in a complex and inefficient merger review process and recommends new ways to address these inefficiencies.

ERISA, the detailed and technical amalgam of labor law, trust law, and tax law, directly governs trillions of dollars spent on retirement savings, health care, and other important benefits for more than 100 million Americans. Despite playing this central role in the US economy and social insurance systems, the complexities of ERISA are often understood by only a few specialists. ERISA Principles elucidates employee benefit law from a policy perspective, concisely explaining how common themes apply across a wide range of benefit plans and factual contexts. The book's non-technical language and cross-cutting conceptual organization reveal latent similarities and rationalize differences between the regulatory treatment of apparently disparate programs, including traditional pensions, 401(k), and health care plans. Important legal developments - whether statutory, judicial, or administrative - are framed and analyzed in an accessible, principles-centric manner, explaining how ERISA functions as a coherent whole.

The last five years have demonstrated that sticking with the status quo is not an option; instead, as the experiences of many libraries have shown, those that experiment are better positioned to adapt to rapidly changing environments and evolving user needs and behaviors. This guide shows how to draw from new approaches and technologies to harness experimentation as a tool for testing ideas and responding to change. It borrows ideas and inspiration from the startup sector to teach you how to take a human-centered and design thinking-based perspective on problem solving. Inside this book, you will discover why experimentation is possible on any budget and can be undertaken by anyone at an organization; ways to foster a culture of experimentation, which recognizes the importance of incorporating curiosity into work and daily life; the distinctive characteristics of technology companies and startups that make them experimentative, and what libraries can learn from these sectors' techniques; dozens of examples of experimentation from academic, public, and school libraries as well as non-library governmental settings; the basics of design thinking, which plays a leading role in brainstorming; guidance on employing IDEEA (Ideate, Design, Experiment, Engage, Assess) as a five-part process for trying out ideas by formulating prototypes; how to engage users in testing to identify the pros and cons of a prototype; and a concrete roadmap for bringing the culture and method of experimenting to your library, from understanding how to embrace failures in order to learn from them to acquiring the skills necessary to experiment, creating teams that thrive with experimentation, and communicating successfully around experiments.

Rot and Revival is one of the first scholarly works to comprehensively theorize and document how politics make American constitutional law and how the courts affect the path of partisan politics. Rejecting the idea that the Constitution's significance and interpretation can be divorced from contemporary political realities, Anthony Michael Kreis explains how American constitutional law reflects the ideological commitments of dominant political coalitions, the consequences of major public policy choices, and the influences of intervening social movements. Drawing on rich historical research and political science methodologies, Kreis convincingly demonstrates that the courts have never been--and cannot be--institutions lying outside the currents of national politics.

The Concise Edition is a streamlined version for a 4-unit course. Concision is achieved in three ways. As in earlier versions of the concise edition, coverage of some basic materials is shortened by eliminating note materials and cases and a few principal cases. Some materials are reduced to notes that cover the basics. Examples in the materials on remedies include the requirement of certainty for lost profits as consequential damages, damages for emotional distress, and restitution in favor of the plaintiff in default. Some materials are eliminated entirely. These include the materials on the non-enforceability of donative promises, past consideration, third party beneficiaries, and assignment. As with the basic edition, the concise edition retains rich, full-bodied versions of the principal cases, a functionalist approach to the problems of contract law, and analytical notes on such issues as the differences between classical contract law and modern contract law. The new edition includes new materials on interpretation, unilateral mistake, race in contract law, and consumer form contracts.

Decades before the overturning of Roe v. Wade, pregnant people faced arrest and prosecution for supposed crimes against the fertilized eggs, embryos, and fetuses they gestated. The Pregnancy Police investigates the legal arguments undergirding these prosecutions and sheds much-needed light on the networks of health-care providers, social workers, and legal personnel participating in this ongoing surveillance and punishment of pregnant people. Drawing on detailed analyses of legislation, statements from prosecutors and law enforcement, and records from over a thousand arrest cases, Grace E. Howard traces the long history of state attempts to regulate and control people who have the capacity for pregnancy--from the early twentieth century's white supremacist eugenics to the end of Roe and the ever-increasing criminalization of abortion across the United States.   

For more than fifty years, scholars have documented and critiqued the marginalizing effects of the Socratic teaching techniques that dominate law school classrooms. In spite of this, law school budgets, staffing models, and course requirements still center Socratic classrooms as the curricular core of legal education. In this clear-eyed book, law professor Jamie R. Abrams catalogs both the harms of the Socratic method and the deteriorating well-being of modern law students and lawyers, concluding that there is nothing to lose and so much to gain by reimagining Socratic teaching. Recognizing that these traditional classrooms are still necessary sites to fortify and catalyze other innovations and values in legal education, Inclusive Socratic Teaching provides concrete tips and strategies to dismantle the autocratic power and inequality that so often characterize these classrooms. A galvanizing call to action, this hands-on guide equips educators and administrators with an inclusive teaching model that reframes the Socratic classroom around teaching techniques that are student centered, skills centered, client centered, and community centered.

A highly original account of the role that fear plays in key First Amendment cases ruled on by the Roberts Supreme Court In Fear and the First Amendment, Kevin A. Johnson and Craig R. Smith offer a deeply considered examination of the ways fear figures in First Amendment questions ruled on by the contemporary Supreme Court. Bringing together literature on theories of fear in rhetorical and philosophical traditions, Johnson and Smith focus on the rulings from the Roberts Court, which form a pivotal era of dramatic precedents. Each chapter in this book analyzes one or more First Amendment cases and a variety of related fears--whether evidentiary or not--that pertain to a given case. These cases include Morse v. Frederick, which takes up the competing fears of school administrators' loss of authority and students' loss of free speech rights. The authors touch on corporate funding of elections in Citizens United v. Federal Elections Commission, from the fear of corporate influence on electoral politics to corporate fears of alienating their consumers by backing political candidates. They explore religious freedom and fears of homosexuality in Christian Legal Society v. Martinez. Similarly, in Snyder v. Phelps, the authors delve further into fears of God, death, emotional distress, failing as a parent, and losing one's reputation. Next, they investigate parents' anxieties about violence in video games in Brown v. Entertainment Merchants Association. Finally, Johnson and Smith examine the role of fear in indecent, obscene, and graphic communication in three cases: FCC v. Fox Television Stations, Ashcroft v. American Civil Liberties Union, and United States v. Stevens. Together these cases reveal fear to be an endemic factor in the rhetoric of First Amendment cases. This fascinating and original work will appeal to current legal practitioners and students of law, rhetoric, philosophy, and the First Amendment.  

New book purchase includes complimentary digital access to the eBook.This best-selling supplement contains UCC Articles 1 and 2, together with excerpts from Articles 3 and 9; extensive portions of the Restatement (Second) of Contracts; the Uniform Electronic Transactions Act, E-SIGN; the ALI's Principles of Software Contracts; the CISG and UNIDROIT: other statutes, directives, and administrative regulations, including the Magnuson-Moss Warranty Act, selected FTC Regulations, and excerpts from the Bankruptcy Code, the Uniform Consumer Credit Code, Regulation Z; the United Kingdom Consumer Rights Statute, and numerous American Institute of Architects sample form contracts. Each major document is introduced by a short annotation that explains the origins of the document, its central purpose, and the scope of its application. This supplement is suitable for use with all contracts casebooks.

In Access to Courts for Asylum Seekers and Refugees, Emma Dunlop focuses on the scope and content of article 16 of the 1951 Refugee Convention. Under this article, States are obligated to provide asylum seekers and refugees with access to courts. This obligation entails a requirement to ensure 'effective' access, which may call for accommodations to be made to address individual vulnerabilities -where, for example, a person does not speak the language of the court or lacks easy access to a lawyer. It also guarantees additional rights to those who have attained 'habitual residence' in the host country.Access to courts is a critical gateway right, the denial of which can prevent a person from defending other rights under domestic law. Yet, until now, article 16 has not received extensive scrutiny.In the first dedicated monograph on article 16 of the 1951 Convention, Dunlop positions the article within the broader context of international human rights law, customary international law, and general principles of law, presenting a comprehensive account of asylum seekers' and refugees' right of access to courts. Taking an evolutionary approach to treaty interpretation, the book interrogates the scope and content of the article, evaluating the extent of its obligations. Despite developments in international human rights law since the article's adoption, Access to Courts for Asylum Seekers and Refugees argues that it remains a relevant and robust source of protection. Offering rigorous and reasoned analysis of this critical provision, Dunlop advances a principled approach to interpreting article 16.

Named one of the Best Summer Books in Economics by the Financial Times A groundbreaking look at the hidden role of bankruptcy in perpetuating inequality in America, from an expert in the field "Unjust Debts throws open the doors and windows to the bankruptcy system so readers can see for themselves how this law works and doesn't work for the real people it so profoundly affects." --Beth Macy, New York Times bestselling author of Dopesick and Raising Lazarus Bankruptcy is the busiest federal court in America. In theory, bankruptcy in America exists to cancel or restructure debts for people and companies that have way too many--a safety valve designed to provide a mechanism for restarting lives and businesses when things go wrong financially. In this brilliant and paradigm-shifting book, legal scholar Melissa B. Jacoby shows how bankruptcy has also become an escape hatch for powerful individuals, corporations, and governments, contributing in unseen and poorly understood ways to race, gender, and class inequality in America. When cities go bankrupt, for example, police unions enjoy added leverage while police brutality victims are denied a seat at the negotiating table; the system is more forgiving of civil rights abuses than of the parking tickets disproportionately distributed in African American neighborhoods. Across a broad range of crucial issues, Unjust Debts reveals the hidden mechanisms by which bankruptcy impacts everything from sexual harassment to health care, police violence to employment discrimination, and the opioid crisis to gun violence. In the tradition of Matthew Desmond's groundbreaking Evicted, Unjust Debts is a riveting and original work of accessible scholarship with huge implications for ordinary people and will set the terms of debate for this vital subject.

This classic casebook, now in its 10th Edition, offers first-year students a solid and inviting introduction to contract law, recognizing both the English and American common law traditions and bringing them into our age of statutes, most particularly the Uniform Commercial Code. Like earlier editions, the 10th Edition features carefully selected cases, well-tailored notes and problems, and authoritative textual discussions of major developments in current contract law. These include the meaning of assent and agreement (with particular focus on the online environment); attention to comparative and international approaches; and accessible discussion of theoretical underpinnings of contract doctrine, the importance of which remain a mainstay of this new edition. The casebook is ecumenical in its outlook, presenting a well-balanced approach that is usable by professors with a wide range of theoretical outlooks and pedagogical styles. Cases are situated within a variety of disciplines--history, economics, philosophy, and ethics--and present the law in a variety of typical settings--commercial, familial, employment, consumer, real estate and so on. The 10th Edition will feel familiar yet fresh to current users and both exciting and comfortable to newcomers.Among the 10th Edition's updates and revisions: Extensive treatment of COVID-19 and contract law, including such areas as formation, unjust enrichment, unconscionability, material adverse change clauses, conditions, specific performance, impracticability, frustration, risk apportionment, and third-party beneficiaries Updated and enhanced materials on electronic contracting Coverage of such recent developments as the 2022 amendments to the Uniform Commercial Code and the Restatement of Consumer Contracts New cases and comments suitable for discussions of how such topics as race and class affect, and are affected by, contract law Added problems in the casebook on applications of contract doctrine, in line with upcoming changes to the Multistate Bar Examination

This book is a collection of edited cases, original text, questions, and problems designed for use in a law school level course on agency, partnerships, and limited liability entities. A key feature of this casebook is the extensive coverage of limited liability entities, especially unincorporated limited liability companies (LLCs). The author includes cases on such LLC topics as formation, interpretation of the operating agreement, piercing the LLC "veil," fiduciary obligation, expulsion of an LLC member, and dissolution. Also included is a section on the question of whether membership interests in LLCs and limited partnerships are a security. This edition has been meticulously updated with important new cases and rules. In addition, the chapter on partnerships has been substantially reorganized for improved flow. The materials on dissociation and dissolution were divided into two new sections, one of which deals with dissolution under the UPA (1914) and the other one of which deals with dissociation and dissolution under the UPA (1997).

The Sixth Edition of Energy, Economics and the Environment focuses on the unifying characteristics of energy law, while also emphasizing its connections to environmental and economic issues affecting energy industries. The casebook covers the full range of energy resources, as well as an in-depth examination of issues related to electric power.Like previous editions, this casebook is intended to be used in an Energy Law survey course, but the materials in the book are rich enough that they can also be adapted to a course or seminar covering renewable energy, oil & gas, electricity regulation, or advanced topics in environmental law. Previous editions of the casebook have been used in law school classrooms for more than two decades. The new edition of the casebook provides a pedagogical window that can readily be adapted to a variety of courses and teaching styles as issues in energy continue to change. Materials in the casebook include extended problems, case studies, and other practice-oriented materials to allow students to learn important concepts in a practical context.We emphasize four recurring and cross-cutting themes throughout the casebook: (1) public versus private ownership of energy resources; (2) monopoly vs. competition; (3) externalities and risk concepts; and (4) public governance, including federalism issues. These four themes have defined energy law since the early twentieth century--and they are at play in every energy resource arena today.

The Ninth Edition of this pathbreaking casebook continues its tradition of comprehensive coverage, with problems and exercises that allow students to hone skills as counselors, litigators, and policy advisors. These virtues have become especially important in light of the many changes to immigration and citizenship law since the Eighth Edition went to press in mid-2016. This new edition opens with a reworked foundational chapter that guides students through the casebook in two key dimensions: a basic framework for constitutional immigration law, and an overview of the core administrative law principles that recently have risen to prominence in the making of immigration and citizenship law. This Ninth Edition has thoroughly updated coverage of admissions categories, unauthorized migrants, admission procedures, detention, citizenship, removability, refugees and asylum, federal enforcement, and state and local measures. The treatment of every topic is streamlined, making for a slimmer volume. In each chapter, the Ninth Edition emphasizes both core and cutting-edge issues, while optimizing teachability for a wide variety of course settings.

This supplement contains the major statutes, Restatements, and other domestic and international materials affecting contract law. It includes the Restatement (Second) of Contracts and Uniform Commercial Code Articles 1 and 2 (including the important 2022 amendments to those Articles); excerpts from the Restatements of Restitution, Employment Law, and Suretyship and Guaranty; the Uniform Electronic Transactions Act; the Electronic Signatures in Global and National Commerce Act; the United Nations Convention on Contracts for the International Sale of Goods; the UNIDROIT Principles of International Commercial Contracts; and the actual contracts in several leading cases. New materials, in addition to the 2022 amendments to the Uniform Commercial Code, include excerpts from the final text of the ALI-ELI Principles for a Data Economy and Tentative Draft No. 2 of the Restatement of Consumer Contracts.

This casebook focuses on the large issues of doctrine, theory, and policy that disability rights law raises in employment, government services, public accommodations, health care, housing, and education. This book focuses less on identifying "the rules" of disability rights law and more on exploring the big questions through longer excerpts from a smaller number of cases. It includes textual notes examining key theoretical and policy questions. New edition includes updated discussion of the ADAAA and deinstitutionalization litigation, expanded treatment of disability rights in education, and extensive discussion of the disability rights implications of COVID-19 throughout, among other topics.