The Association of American Law Schools maintains a list of scholarly books published by law school faculty on this page. To submit your book for consideration for this list, please submit the form below.
Faculty Books Published in 2023
Rebecca Bratspies (CUNY Law)
Naming Gotham: The Villains, Rogues, and Heroes Behind New York Place Names
History Press, January 2023
New York’s many roads, bridges, tunnels, neighborhoods and institutions bear the names of a diverse cast of characters. The Kosciuszko Bridge honors Tadeusz Kosciuszko, a Polish American Revolutionary War hero and fervent abolitionist. The Outerbridge Crossing, named after the Port Authority’s first chairman, Eugenius Outerbridge, is called a crossing because Outerbridge Bridge sounded absurd. Shirley Chisholm State Park celebrates the first Black woman elected to Congress, the larger-than-life Shirley Chisholm. Clifford Holland originally designed his tunnel under the Hudson River to accommodate horse carts. These place names embody the rich history of the city that never sleeps, yet few know their true stories. Author Rebecca Bratspies uncovers the vibrant personalities behind the names that have become New York’s urban shorthand for traffic jams, culture and recreation.
Samantha Barbas (University at Buffalo School of Law)
Actual Malice: Civil Rights and Freedom of the Press in New York Times v. Sullivan
University of California Press, February 2023
A deeply researched legal drama that documents this landmark First Amendment ruling—one that is more critical and controversial than ever. Actual Malice tells the full story of New York Times v. Sullivan, the dramatic case that grew out of segregationists’ attempts to quash reporting on the civil rights movement. In its landmark 1964 decision, the Supreme Court held that a public official must prove “actual malice” or reckless disregard of the truth to win a libel lawsuit, providing critical protections for free speech and freedom of the press. Drawing on previously unexplored sources, including the archives of the New York Times Company and civil rights leaders, Samantha Barbas tracks the saga behind one of the most important First Amendment rulings in history. She situates the case within the turbulent 1960s and the history of the press, alongside striking portraits of the lawyers, officials, judges, activists, editors, and journalists who brought and defended the case. As the Sullivan doctrine faces growing controversy, Actual Malice reminds us of the stakes of the case that shaped American reporting and public discourse as we know it.
Nita A. Farahany (Duke University School of Law)
The Battle for Your Brain Defending the Right to Think Freely in the Age of Neurotechnology
St. Martin’s Press, March 2023
A new dawn of brain tracking and hacking is coming. Will you be prepared for what comes next? Imagine a world where your brain can be interrogated to learn your political beliefs, your thoughts can be used as evidence of a crime, and your own feelings can be held against you. A world where people who suffer from epilepsy receive alerts moments before a seizure, and the average person can peer into their own mind to eliminate painful memories or cure addictions. Neuroscience has already made all of this possible today, and neurotechnology will soon become the “universal controller” for all of our interactions with technology. This can benefit humanity immensely, but without safeguards, it can seriously threaten our fundamental human rights to privacy, freedom of thought, and self-determination. From one of the world’s foremost experts on the ethics of neuroscience, The Battle for Your Brain offers a path forward to navigate the complex legal and ethical dilemmas that will fundamentally impact our freedom to understand, shape, and define ourselves.
Adam Benforado (Drexel University Thomas R. Kline School of Law)
A Minor Revolution: How Prioritizing Kids Benefits Us All
Crown, February 2023
At the dawn of the twentieth century, a bright new age for children appeared on the horizon, with progress on ending child labor, providing public education, combating indigence, promoting wellness, and creating a juvenile justice system. But a hundred years on, the promised light has not arrived. Today, more than eleven million American children live in poverty and more than four million lack health insurance. Each year, we prosecute thousands of kids as adults, while our schools crumble. We deny young people any political power, while we fail to act on the issues that matter most to them: racism, inequality, and climate change. Drawing on the latest research on the value of early intervention, investment, and empowerment, A Minor Revolution makes the urgent case for putting children first—in our budgets and policies, in how we develop products and enact laws, and in our families and communities. Childhood is the window of opportunity for all of us.
Leigh Goodmark (University of Maryland Francis King Carey School of Law)
Imperfect Victims: Criminalized Survivors and the Promise of Abolition Feminism
University of California Press, January 2023
Since the 1970s, anti-violence advocates have worked to make the legal system more responsive to gender-based violence. But greater state intervention in cases of intimate partner violence, rape, sexual assault, and trafficking has led to the arrest, prosecution, conviction, and incarceration of victims, particularly women of color and trans and gender-nonconforming people. Imperfect Victims argues that only dismantling the system will bring that punishment to an end.
Hon. Charles N. Brower (George Washington University Law School)
Judging Iran: A Memoir of The Hague, The White House, and Life on the Front Line of International Justice
Disruption Books, April 2023
From a divided Berlin to The Hague, the Reagan White House, the forests of Costa Rica, and more, Judge Charles N. Brower shares a personal history of a life spent at the forefront of international justice — and a case for the role of law in preserving global peace.
Judging Iran is a frank insider account of the highest echelons of international law. As an active judge to this day, Brower offers a nuanced history of modern arbitration between nations, from our earliest concept of international law to today’s efforts for justice. And, as a global citizen, he argues that the law is essential in our work for peace.
Pierre Schlag (University of Colorado Law School)
Twilight of the American State
University of Michigan Press, 2023
The sudden emergence of the Trump nation surprised nearly everyone, including journalists, pundits, political consultants, and academics. When Trump won in 2016, his ascendancy was widely viewed as a fluke. Yet time showed it was instead the rise of a movement—angry, militant, revanchist, and unabashedly authoritarian. How did this happen? Twilight of the American State offers a sweeping exploration of how law and legal institutions helped prepare the grounds for this rebellious movement. The controversial argument is that, viewed as a legal matter, the American state is not just a liberal democracy, as most Americans believe. Rather, the American state is composed of an uneasy and unstable combination of different versions of the state—liberal democratic, administered, neoliberal, and dissociative. Each of these versions arose through its own law and legal institutions. Each emerged at different times historically. Each was prompted by deficits in the prior versions. Each has survived displacement by succeeding versions. All remain active in the contemporary moment—creating the political-legal dysfunction America confronts today. Pierre Schlag maps out a big picture view of the tribulations of the American state. The book abjures conventional academic frameworks, sets aside prescriptions for quick fixes, dispenses with lamentations about polarization, and bypasses historical celebrations of the American Spirit.
Faculty Books Published in 2022
Matthew D. Adler (Duke Law School), Ole F. Norheim
Prioritarianism in Practice
Cambridge University Press, April 2022
Prioritarianism is an ethical theory that gives extra weight to the well-being of the worse off. In contrast, dominant policy-evaluation methodologies, such as benefit-cost analysis, cost-effectiveness analysis, and utilitarianism, ignore or downplay issues of fair distribution. This book uses prioritarianism as a methodology to evaluate governmental policy across a variety of policy domains: taxation, health policy, risk regulation, education, climate policy, and the COVID-19 pandemic.
William Araiza (Brooklyn Law School)
Rebuilding Expertise: Creating Effective and Trustworthy Regulation in an Age of Doubt
New York University Press, June 2022
In Rebuilding Expertise, William D. Araiza investigates the sources of the plummet in public trust in the ability of the Federal government to do the right thing and explains how we might rebuild trust in our public institutions. The author examines the history of this deterioration of trust and reveals how politicians from Clinton to Trump have allowed that deterioration to continue, and, in some cases, actively encouraged it. Using an interdisciplinary approach, with insights from history, political science, law, and public administration, Araiza explores our current bureaucratic malaise and presents a roadmap to finding our way out of it, toward a regime marked by effective, expert regulation that remains democratically accountable and politically legitimate.
Michael S. Ariens (St. Mary’s University School of Law)
The Lawyer’s Conscience: A History of American Lawyer Ethics
Kansas Press, November 2022
American lawyers have defended the exercise of this power from the Revolution to the present by arguing their work is channeled by the profession’s standards of ethical behavior. Those standards demand that lawyers serve the public interest and the interests of their paying clients before themselves. The duties owed both to the public and to clients meant lawyers were in the marketplace selling their services, but not of the marketplace. This is the story of power and the limits of ethical constraints to ensure such power is properly wielded. The Lawyer’s Conscience is the first book examining the history of American lawyer ethics, ranging from the mid-eighteenth century to the “professionalism” crisis facing lawyers today.
Jack M. Balkin (Yale Law School)
What Roe v. Wade Should Have Said
The Nation’s Top Legal Experts Rewrite America’s Most Controversial Decision, Revised Edition Intellectual Property and the Brain
NYU Press, 2022
Originally published in 2005, What Roe v. Wade Should Have Said asked eleven distinguished constitutional scholars to rewrite the opinions in this landmark case in light of thirty years’ experience but making use only of sources available at the time of the original decision. Offering the best arguments for and against the constitutional right to abortion, the contributors have produced a series of powerful essays that get to the heart of this fascinating case. In addition, Jack Balkin gives a detailed historical introduction that chronicles the Roe litigation—and the constitutional and political clashes that followed it—and explains the Dobbs decision and its aftermath.
Mark Bartholomew (University at Buffalo School of Law)
Intellectual Property and the Brain
Cambridge Press, 2022
Although legal scholars have begun to explore the implications of neuroscientific research for criminal law, the field has yet to assess the potential of such research for intellectual property law – a legal regime governing over one-third of the US economy. Intellectual Property and the Brain addresses this gap by showing how tools meant to improve our understanding of human behavior inevitably shape the balance of power between artists and copyists, businesses and consumers. This first of its kind book demonstrates how neuroscience can improve our flawed approach to regulating creative conduct and commercial communications when applied with careful attention to the reasons that our system of intellectual property law exists. With a host of real-life examples of art, design, and advertising, the book charts a path forward for legal actors seeking reforms that will unlock artistic innovation, elevate economic productivity, and promote consumer welfare.
Mary Beth Beazley (University of Nevada, Las Vegas, Boyd School of Law) and Monte Smith (Ohio State University Moritz College of Law)
Briefs and Beyond: Persuasive Legal Writing
Aspen Publishing, February 2022
The book provides law professors options to supplement a persuasive writing course with complaints, demand letters, and other persuasive documents while not overwhelming their students. Professors and student will benefit from: a behavioral approach to legal writing; a focus on how documents look as well as what they say; sidebars that answer students’ common questions as they go along; effective formulas for legal writing that ease the writing process, and; many examples of both good and bad writing throughout that illustrate concepts covered in the text.
George A. Bermann (Columbia University School of Law), Jack J. Coe, Jr. (Pepperdine University School of Law), Christopher R. Drahozal (University of Kansas School of Law), Catherine A. Rogers (The Pennsylvania State University, Dickinson School of Law)
Restatement of the U.S. Law of International Commercial & Investor-State Arbitration
American Law Institute, 2022
This project restates the U.S. law of international commercial and investor-state arbitration and covers, among other topics, arbitration agreements; conduct of and the judicial role in international arbitral proceedings in the United States; awards; recourse from and enforcement of international arbitral awards rendered in the United States; the judicial role in international arbitral proceedings abroad; enforcement of international arbitral awards rendered abroad; the preclusive effect of international arbitral awards; and ICSID Convention arbitration.
David E. Bernstein (George Mason University Antonin Scalia Law School)
Classified: The Untold Story of Racial Classification in America
Bombardier Books, July 2022
Americans are understandably squeamish about official racial and ethnic classifications. Nevertheless, they are ubiquitous in American life. Applying for a job, mortgage, university admission, citizenship, government contracts, and much more involves checking a box stating whether one is Black, White, Asian, Hispanic, or Native American. While reviewing the surprising history of American racial classifications, Classified raises questions about the classifications’ coherence, logic, and fairness.
Barlow Burke (American University Washington College of Law)
Examples & Explanations for Real Estate Development
Aspen Publishing, 2022
A favorite classroom prep tool of successful students that is often recommended by professors, the Examples & Explanations (E&E) series provides an alternative perspective to help you understand your casebook and in-class lectures. Each E&E offers hypothetical questions complemented by detailed explanations that allow you to test your knowledge of the topics in your courses and compare your own analysis.
Margaret A. Burnham (Northeastern University School of Law)
By Hands Now Known: Jim Crow’s Legal Executioners
W.W. Norton & Company, 2022
This book challenges our understanding of the Jim Crow era by exploring the relationship between formal law and background legal norms in a series of harrowing cases from 1920 to 1960. From rendition, the legal process by which states make claims to other states for the return of their citizens, to battles over state and federal jurisdiction and the outsize role of local sheriffs in enforcing racial hierarchy, Burnham maps the criminal legal system in the mid-twentieth-century South, and traces the unremitting line from slavery to the legal structures of this period?and through to today.
Christopher M. Bruner (University of Georgia School of Law)
The Corporation as Technology: Re-Calibrating Corporate Governance for a Sustainable Future
Oxford University Press, April 2022
Examines dynamics of the corporate form and corporate law that incentivize harmful excesses, and presents an alternative vision to render corporate activities more sustainable. Offers a unique perspective by presenting corporations as a dynamic legal technology that policymakers can re-calibrate in response to changing landscapes. Explores how the corporate form can secure a more sustainable future through differing approaches to the structure and operations of the board, the allocation of governance powers among various stakeholders, and exposure to liability for corporate decision-making.
Dan Canon (University of Louisville, Louis D. Brandeis School of Law)
Pleading Out: How Plea Bargaining Creates a Permanent Criminal Class
Basic Books, March 2022
Most Americans believe that the jury trial is the backbone of our criminal justice system. But in fact, the vast majority of cases never make it to trial: almost all criminal convictions are the result of a plea bargain, a deal made entirely out of the public eye. The author argues that plea bargaining may swiftly dispose of cases, but it also fuels an unjust system. This practice produces a massive underclass of people who are restricted from voting, working, and otherwise participating in society. And while innocent people plead guilty to crimes they did not commit in exchange for lesser sentences, the truly guilty can get away with murder. The book looks at the ugly truth about what’s wrong with America’s criminal justice system today—and offers a prescription for meaningful change.
Bennett Capers (Fordham Law School), Devon W. Carbado (University of California, Los Angeles, School of Law), R. A. Lenhardt (Georgetown University Law Center), and Angela Onwuachi-Willig (Boston University School of Law)
Critical Race Judgments: Rewritten U.S. Court Opinions on Race and the Law
Cambridge University Press, April 2022
By re-writing US Supreme Court opinions that implicate critical dimensions of racial justice, Critical Race Judgments demonstrates that it’s possible to be judge and a critical race theorist. Specific issues covered in these cases include the death penalty, employment, voting, policing, education, the environment, justice, housing, immigration, sexual orientation, segregation, and mass incarceration.
Erwin Chemerinsky (University of California, Berkeley School of Law)
Worse Than Nothing: The Dangerous Fallacy of Originalism
Yale University Press, September 2022
Originalism, the view that the meaning of a constitutional provision is fixed when it is adopted, was once the fringe theory of a few extremely conservative legal scholars but is now a well-accepted mode of constitutional interpretation. Three of the Supreme Court’s nine justices explicitly embrace the originalist approach, as do increasing numbers of judges in the lower courts. The author gives a comprehensive analysis of the problems that make originalism unworkable as a method of constitutional interpretation. He argues that the framers themselves never intended constitutional interpretation to be inflexible and shows how it is often impossible to know what the “original intent” of any particular provision was. Though supporters tout it as a politically neutral and objective method, originalist interpretation tends to disappear when its results fail to conform to modern conservative ideology.
I. Glenn Cohen (Harvard Law School), Nita A. Farahany (Duke Law School), Henry T. Greely (Stanford Law School), and Carmel Shachar (Harvard Law)
Consumer Genetic Technologies: Ethical and Legal Considerations
Cambridge University Press, 2022
The rise of genetic testing is often promoted as the democratization of genetics by enabling individuals to gain insights into their unique makeup. At the same time, many have raised concerns that genetic testing and sequencing reveal intensely personal and private information. As these technologies become increasingly available as consumer products, the ethical, legal, and regulatory challenges presented by genomics are ever looming. Assembling multidisciplinary experts, this volume evaluates the different models used to deliver consumer genetics and considers key questions related to the topic.
V. Gerard Comizio (American University Washington College of Law)
Virtual Currency Law: The Emerging Legal and Regulatory Framework
Aspen Publishing, 2022
This book explores the emerging legal and regulatory framework governing virtual currency activities. Since the advent of the first virtual currency (Bitcoin) in 2008, a new global financial ecosystem has emerged, composed of an increasing number and variety of digital assets. In this context, the book explores how governments, regulators and legal experts are increasingly looking to existing securities, banking, commodities, money transmission, payment systems, commercial, anti-money laundering, fintech, cyber and data security, tax, Constitutional and international laws to address the unique, novel, and complex issues presented by virtual currency. The book also explores how the ubiquitous nature of virtual currency has led to it being viewed as the legal and regulatory equivalent of a wide range of traditional corporate and financial services products, services, activities, and investments.
Angela B. Cornell (Cornell Law School), Mark Barenberg (Columbia Law School)
The Cambridge Handbook of Labor and Democracy
Cambridge University Press, January 2022
In this timely handbook, scholars in law, political science, history, and sociology explore the role of organized labor and the working class in the historical construction of democracy. They analyze recent patterns of democratic erosion, examining its relationship to the political weakening of organized labor and, in several cases, the political alliances forged by workers in contexts of nationalist or populist political mobilization. The volume breaks new ground in providing cross-regional perspectives on labor and democracy in the United States, Europe, Latin America, Africa, and Asia.
Bridget J. Crawford (Elisabeth Haub School of Law at Pace University) and Emily Gold-Waldman (Elisabeth Haub School of Law at Pace University)
Menstruation Matters: Challenging the Law’s Silence On Periods
NYU Press, June 2022
The book explores the role of law in the movement to recognize the fundamental human right to address menstruation in a safe and affordable way, free of stigma, shame, or barriers to access. It asks what the law currently says about menstruation and provides a roadmap for legal reform that can move society closer to a world where no one is held back or disadvantaged by menstruation. The authors examine these issues in a wide range of contexts, from schools to workplaces to prisons to tax policies and more. Ultimately, they seek to transform both law and society so that menstruation is no longer an obstacle to full participation in all aspects of public and private life.
Bobby Dexter (Chapman University Fowler School of Law)
Federal Income Taxation in Focus, Second Edition
Aspen Publishing, 2022
This book helps prepare students for both the rigors of sophisticated tax practice and the challenge of advanced study in federal tax law. The author employs careful organization, engaging visual enhancements, and student-friendly exposition to communicate both foundational concepts & rules and highly technical refinements.
William Fernholz (University of California, Berkeley, School of Law) and Jodi L. Collova (University of California, Berkeley, School of Law)
Fundamentals of U.S. Law
Aspen Publishing, January 2022
The book introduces LLM students to the common law method of case analysis through concentrated study of topics in Tort and Constitutional Law as well as the “how” of legal practice in the United States. Students learn how to read cases, synthesize rules from reasoning, apply those rules to novel situations, and predict how the law may develop.
Shawn E. Fields (Campbell University Norman Adrian Wiggins School of Law)
Neighborhood Watch: Policing White Spaces in America
Cambridge University Press, May 2022
Although racism has plagued the American justice system since the nation’s colonial beginnings, private White Americans are taking matters into their own hands. Neighborhood Watch examines the specific ways people police America’s color line to protect ‘White spaces.’
Joseph Fishkin (University of California, Los Angeles School of Law) William E. Forbath (University of Texas at Austin)
The Anti-Oligarchy Constitution
Harvard University Press, February 2022
Joseph Fishkin and William Forbath show in their retelling of constitutional history, a commitment to prevent oligarchy once stood at the center of a robust tradition in American political and constitutional thought. The authors demonstrate that reformers, legislators, and even judges working in this “democracy-of-opportunity” tradition understood that the Constitution imposes a duty on legislatures to thwart oligarchy and promote a broad distribution of wealth and political power. The authors places this argument in context with today’s new gilded age.
James E. Fleming (Boston University School of Law)
Constructing Basic Liberties: A Defense of Substantive Due Process
University of Chicago Press, August 2022
From reproductive rights to marriage for same-sex couples, many basic liberties owe their protection to landmark Supreme Court decisions that have hinged on the doctrine of substantive due process. This doctrine is controversial—a battleground for opposing views around the relationship between law and morality in circumstances of moral pluralism—and is deeply vulnerable today. The author rebuts popular arguments against substantive due process and shows that the Supreme Court has constructed basic liberties through common law constitutional interpretation: reasoning by analogy from one case to the next and making complex normative judgments about what basic liberties are significant for personal self-government.
Amy Gajda (Tulane Law School)
Seek and Hide: THE TANGLED HISTORY OF THE RIGHT TO PRIVACY
Viking Publishing, April 2022
Should everyone have privacy in their personal lives? Can privacy exist in a public place? Is there a right to be left alone even in the United States? You may be startled to realize that the original framers were sensitive to the importance of privacy interests relating to sexuality and intimate life, but mostly just for powerful and privileged (and usually white) men.The battle between an individual’s right to privacy and the public’s right to know has been fought for centuries. The founders demanded privacy for all the wrong press-quashing reasons. Supreme Court justice Louis Brandeis famously promoted First Amendment freedoms but argued strongly for privacy too; and presidents from Thomas Jefferson through Donald Trump confidently hid behind privacy despite intense public interest in their lives. Today privacy seems simultaneously under siege and surging. And that’s doubly dangerous, as legal expert Amy Gajda argues. Too little privacy leaves ordinary people vulnerable to those who deal in and publish soul-crushing secrets. Too much means the famous and infamous can cloak themselves in secrecy and dodge accountability. Seek and Hide carries us from the very start, when privacy concepts first entered American law and society, to now, when the law allows a Silicon Valley titan to destroy a media site like Gawker out of spite. Muckraker Upton Sinclair, like Nellie Bly before him, pushed the envelope of privacy and propriety and then became a privacy advocate when journalists used the same techniques against him. By the early 2000s we were on our way to today’s full-blown crisis in the digital age, worrying that smartphones, webcams, basement publishers, and the forever internet had erased the right to privacy completely.
Lewis A. Grossman (American University, Washington College of Law), Nathan Cortez (Southern Methodist University, Dedman School of Law), Erika Fisher Lietzan (University of Missouri), Patricia J. Zettler (The Ohio State University Moritz College of Law)
Food and Drug Law
West Academic, 2022
FDA regulation touches most products that fill the shelves of our supermarkets and drug stores and virtually every product prescribed or used by the medical profession. Few other agencies regulate products or activities that play so intimate a role in our daily lives. Food and Drug Law is the law governing the actions taken by FDA and its sister agencies to oversee the safety of this vast universe of products, to ensure that the labeling (and in some cases advertising) of products is accurate and reliable, and to shepherd safe and effective new medical products onto the market. The book contains not only the most important court cases in the field, but also materials that show how food and drug law is developed and enforced outside of court.
Christopher H. Hanna (Southern Methodist University, Dedman School of Law)
Hanna’s Tax Policy in a Nutshell, 2d
West Academic, 2022
This guide explains essential concepts in tax policy, including theories of taxation and their implementation, criteria in evaluating a tax system, tax bases, the Haig-Simons definition of income, Samuelson depreciation, the Cary Brown Theorem, capital gains and losses, tax expenditures, the distribution of the tax burden, and issues in corporate and international taxation. The book discusses the tax policy considerations of contemporary law, including the 2017 Tax Cuts and Jobs Act, the most comprehensive U.S. tax system reform in over thirty years.
Andrew Koppelman (Northwestern University Pritzker School Law)
Burning Down the House: How the Libertarian Philosophy Was Corrupted by Delusion and Greed
St. Martin’s, 2022
Modern libertarianism showed how capitalism could improve life for everyone. Yet today, it’s a toxic blend of anarchism, disdain for the weak, and rationalization for environmental catastrophe. Libertarians today accept new, radical arguments that justify dishonest business practices and Covid deniers who refuse to wear masks in the name of “freedom.”
Tamara Rice Lave (University of Miami School of Law)
Sexual Assault on Campus: Defending Due Process
Cambridge University Press, June 2022
Fair adjudication of campus sexual assault is one of the most divisive issues facing the United States. Victims contend that schools aren’t doing enough to protect them, and accused students complain that they are presumed guilty. Sexual Assault on Campus: Defending Due Process begins by critically assessing the extent of the problem, before explaining why the criminal justice system has been unable to respond adequately. The book discusses the Department of Education’s attempts to force schools to take campus assault seriously and uses original data in assessing the fairness of adjudication in the wake of the 2011 ‘Dear Colleague Letter.’ It also includes excerpts from interviews with complainants, accused students, and administrators, which offer readers a first-hand account of these proceedings. Finally, the book provides a critical, in-depth look at the Title IX regulations put in place by the Trump Administration, with detailed recommendations for how they can be improved.
Pierre Legrand (Northwestern University Pritzker School of Law)
Negative Comparative Law: A Strong Programme for Weak Thought
Cambridge University Press, June 2022
Written under the sign of Beckett, this book addresses comparative law’s commitment to the deterritorialization of the legal and its attendant claim for the normative relevance of foreign law locally in the fabrication of statutory determinations, judicial opinions, or academic reflections. Wanting to withstand the law’s persistent tendency towards nationalist retrenchment and counter comparative law’s institutional marginalization, the fifteen essays at hand impart radical and discerning intellectual equipment in order to foster the valorization of the legally foreign and the comparative motion. In particular, the critique informing this manifesto examines pre-eminent topics like culture and difference, understanding and translatability, objectivity and truth, invention and tracing. Harnessing insights from a range of disciplinary discourses, this book contends that comparatists must boldly desist from their field’s dominant epistemology and embrace a practice much better attuned to the study of foreignness.
J. Rich Leonard (Campbell University Norman Adrian Wiggins School of Law)
From Welcome to Windhoek: A Judge’s Journey
Lawyers Mutual Consulting & Services LLC, July 2022
The book details the story of how a boy from rural Welcome, North Carolina grew up to become an innovative judge, global citizen, and go-to guy for court-building in emerging African nations. Along the way, he organizes the first-ever judicial conference in Tanzania, jogs with children in Lusaka, dances with a python, and has adventures ranging from the harrowing to the hilarious. In the end, he discovers the distance between Welcome and Windhoek is not as great as he imagined, and that both places now occupy adjoining spaces in his heart.
Laurie L. Levenson (Loyola Law School, Los Angeles)
Evidence Law: Policy, Practice, and Problems, First Edition
Aspen Publishing
Aspen Publishing, September 2022
This book provides a suitable foundation for most students to learn and apply, both in litigation and transactional practices, federal and state evidence laws. This is a masterful, comprehensive, and stimulating teaching tool, with its unique approach of (1) providing the rule; (2) explaining the basis for the rule; (3) demonstrating how it is to be applied; (4) discussing any complications in its application; and (5) providing short, where appropriate, carefully edited cases, regarding the rule. Cases in the book serve to affirm the rule, not provide subtle or exceptional applications of it.
Sarah Lora (Lewis & Clark Law School), Robert G. Nassau, Sam Rock
Tax Issues for Immigrants
ABA Tax Section, 2022
The book introduces the reader to the basics of taxation for immigrants, their spouses, and their dependents, plus immigration law as it intersects with tax law. With the increasingly complex obligations of immigrant taxpayers, especially after the PATH Act and the TCJA, Tax Issues for Immigrants seeks to provide assistance to practitioners guiding clients through the intersection of immigration law and tax law. An expansion of a chapter in Effectively Representing Your Client Before the IRS, the book introduces different types of immigrant statuses and how the tax code treats them, and examines how the tax code treats resident and nonresident taxpayers and taxpayers with spouses and/or dependents in foreign countries. The book also looks at how the tax code treats taxpayers, spouses, and dependents with ITIN numbers, including their eligibility for dependent exemptions, head of household filing status, and credits. It provides general information about the immigration consequences for filing or non-filing of returns, as well as nonpayment of taxes, and it discusses taxpayer language access rights when communicating with the IRS.
Gerard N. Magliocca (Indiana University Robert H. McKinney School of Law)
Washington’s Heir: The Life of Justice Bushrod Washington
Oxford University Press, 2022
In Washington’s Heir, Gerard N. Magliocca provides the first published biography of Bushrod Washington, one of the least studied Founding Fathers. Born in 1762, Justice Washington fought in the Revolutionary War, served in Virginia’s ratifying convention for the Constitution, and was Chief Justice John Marshall’s partner in establishing the authority of the Supreme Court. An in-depth look at Justice Washington’s story that gives insight into his personal thoughts through his own secret journal, Washington’s Heir sheds new light not only on George Washington, John Marshall, and the Constitution, but also on America’s ongoing struggle to become a more perfect union.
Chibli Mallat (University of Utah S.J. Quinney College of Law)
The Normalization of Saudi Law
Oxford University Press, 2022
Saudi Arabia has never commanded more attention and yet it remains one of the world’s least understood countries. The book dives into the heart of Saudi society, politics, and business by exploring the workings of its courts. Legal practitioners and scholars will find a comprehensive analysis of the law’s operation in the kingdom. The practitioner will access full thematic coverage of all important fields: judicial organization, contracts and torts, crime, family, property, administration, commerce, companies, banking, insolvency, the stock market, the constitution, succession, and human rights, with major statutes and a large number of court decisions.
John Travis Marshall (Georgia State University College of Law) Ryan Rowberry (Georgia State University College of Law) Susan Kuo (University of South Carolina School of Law)
The Cambridge Handbook of Disaster Law and Policy
Cambridge University Press, October 2022
This century’s major disasters from Hurricane Katrina and the Fukushima nuclear meltdown to devastating Nepalese earthquakes and the recent crippling volcanic eruptions and tsunamis in Tonga have repeatedly taught that government institutions are ill-prepared for major disaster events, leaving the most vulnerable among us unprotected. These tragedies represent just the beginning of a new era of disaster – an era of floods, heatwaves, droughts, and pandemics fueled by climate change. Laws and government institutions have struggled to adapt to the scope of the challenge; old models of risk no longer apply. This Handbook provides timely guidance, taking stock of the field of disaster law and policy as it has developed since Hurricane Katrina. Experts from a wide range of academic and practical backgrounds address the root causes of disaster vulnerability and offer solutions to build more resilient communities to ensure that no one is left behind.
Daniel Medwed (Northeastern University School of Law)
Barred: Why the Innocent Can’t Get Out of Prison
Basic Books/Hachette Book Group, 2022
Thousands of innocent people are behind bars in the United States. But proving their innocence and winning their release is nearly impossible. In the book, the author argues that our justice system’s stringent procedural rules are largely to blame for the ongoing punishment of the innocent. Those rules guarantee criminal defendants just one opportunity to appeal their convictions directly to a higher court. Afterward, the wrongfully convicted can pursue only a few narrow remedies. Even when there is strong evidence of a miscarriage of justice, rigid guidelines, bias, and deference toward lower courts all too often prevent exoneration. Offering clear explanations of legal procedures alongside heart-wrenching stories of their devastating impact, the book exposes how the system is stacked against the innocent and makes a powerful call for change.
Carrie Menkel-Meadow (University of California, Irvine School of Law)
A Very Short Introduction to Negotiation
Oxford University Press, 2022
Negotiation is essential for peace and international relations, but also for economically efficient trades and bargains in business, and for problem solving skills in workplaces, families, and interpersonal interactions. This book provides a comprehensive and accessible review of both conceptual and behavioral approaches to the human process of negotiation. The author draws on research in constituent fields of human psychology, diplomacy, law, business, anthropology, game theory, decision making, international relations, sociology, public policy, and economics, suggesting models for creative problem solving to often intractable problems.
Michael Meltsner (Northeastern University School of Law)
Mosaic: Who Paid For The Bullet?
Quid Pro Books, 2022
The book brings to life the compelling story of the 60s murder of a charismatic woman doctor who courted danger trying to dismantle a racially segregated healthcare system in a large southern city.
Nancy Moore (Boston University School of Law)
Professional Responsibility for Business Lawyers
Aspen Publishing, January 2022
This new casebook covers the fundamental components of a traditional Professional Responsibility course with a focus on how these issues arise in a transactional business law practice. It is designed for use in either a two- or three-credit basic course in Professional Responsibility course or an advanced course or seminar specifically on PR in business and transactional law. The traditional pedagogical approach uses a mixture of narrative and descriptive content, edited cases and ethics opinions, discussion questions, and problems.
Lumen N. Mulligan (University of Kansas School of Law), Steven S. Gensler (University of Oklahoma College of Law)
Federal Rules of Civil Procedure, Rules and Commentary, 2022 ed.
Thomson Reuters, 2022
This is the premier practice-oriented guide to using the Federal Rules of Civil Procedure, written by two leading experts including a former member of the Civil Rules Advisory Committee. The authors explain in detail what each rule covers, how it works, how it has been interpreted by courts, and how it is used in practice. This title is updated annually with new rule amendments, the latest caselaw, and emerging trends and issues integrated directly into the analysis. Special emphasis and expanded coverage is given to the topics that matter the most in practice, including pleading and amendments, motions to dismiss, discovery, and summary judgment.
Lumen N. Mulligan (University of Kansas School of Law), Chelsi Hayden (Nebraska College of Law)
Lawyer’s Guide to Kansas Evidence, 5th (Vol. 3, Kansas Law and Practice)
Thomson Reuters, 2022
Lawyer’s Guide to Kansas Evidence covers the Kansas Rules of Evidence, plus objections and evidentiary foundations. It compares the Kansas and Federal Rules of Evidence in a user-friendly format, so readers can confidently follow the correct procedure in making and meeting trial objections. The text emphasizes the burden of proof required in the introduction of evidence and includes techniques for: Making a proffer, introducing physical and demonstrative evidence, and examining witnesses.
Raymond C. O’Brien (The Catholic University of America Columbus School of Law)
Fundamentals of Elder Law (2d ed.)
Foundation Press, 2022
This casebook continues to provide the fundamentals for a lively, contemporary course in elder law. It emphasizes illustrative factual cases and statutes, and is supported by materials from elder law practitioners and statistical data. It is distinctive in its emphasis upon state and federal court decisions, not simply a recitation of statutory provisions. This edition continues the discussion on ageism, the pandemic of elder abuse in all its forms, and discrimination in housing and employment.
Anna Offit (Southern Methodist University)
The Imagined Juror: How Hypothetical Juries Influence Federal Prosecutors
NYU Press, 2022
Thanks to television and popular media, the jury is deeply embedded in the American public’s imagination of the legal system. For the country’s federal prosecutors, however, jurors have become an increasingly rare sight. This book examines the counterintuitive importance of jurors in federal prosecutors’ work at a moment when jury trials are statistically in decline.
Ángel R. Oquendo (University of Connecticut School of Law)
Through Thin and Thick
Cambridge University Press, June 2022
The book launches with examples, concrete cases, or political confrontations to explain how to conceive the safeguards at stake. For instance, free speech demands permitting seemingly offensive expression plus promoting a diverse and open public debate. The work scrutinizes specific guaranties, such as those pertaining to asylum, citizenship, abortion, due process, self-determination, or the environment. It presents them as engendering problems peculiar to them. Next, the discussion dissects how precepts, like human rights and democracy, may contingently clash despite their overall commensurability. Finally, it underscores the interconnection of negative, substantive, and national entitlements with their positive, procedural, and international counterparts.
Alan R. Palmiter (Wake Forest University School of Law)
Sustainable Corporations
Aspen Publishing, September 2022
The book offers synthesized readings from law, management, philosophy, psychology, sociology, even biology – written by academics, journalists, business people, poets, bloggers, scientists, even religious leaders. The book focuses on the elusive “sustainable corporation” and is designed for an upper-level course sequenced after the basic corporations course.
James Park (University of California, Los Angeles School of Law)
The Valuation Treadmill: How Securities Fraud Threatens the Integrity of Public Companies
Cambridge University Press, 2022
Public companies now face constant pressure to meet investor expectations. A company must continually deliver strong short-term performance every quarter to maintain its stock price. This valuation treadmill creates incentives for corporations to deceive investors. Published more than twenty years after the passage of Sarbanes-Oxley, which requires all public companies to invest in measures to ensure the accuracy of their disclosures, The Valuation Treadmill shows how securities fraud became a major regulatory concern.
Katharina Pistor (Columbia Law School), Dana Neacsu (Duquesne Kline Law School), Radu Rizoiu (Facultatea de Drept a Universitatea București)
Codul capitalului : cum dreptul creează bogăție și inegalitate (Romanian translation of The Code of Capital: How the Law Creates Wealth and Inequality)
Editura Hamangiu, 2022
Codul Capitalului este o carte (aparent neortodoxa) care examineaza modul in care activele precum pamantul, datoria privata, organizatiile de afaceri sau know-how-ul sunt transformate in capital prin intermediul legislatiei si al unor instrumente juridice simple si arhicunoscute (dreptul de proprietate, fiducia, dreptul contractelor, dreptul corporatist sau dreptul insolventei).
(via Google Translate) The Capital Code is an (apparently unorthodox) book that examines how assets such as land, private debt, business organizations or know-how are transformed into capital through legislation and some simple and well-known legal instruments (property rights, trust, contract law, corporate law or insolvency law).
Cedric Merilin Powell (University of Louisville Brandeis School of Law)
Post-Racial Constitutionalism and the Roberts Court: Rhetorical Neutrality and the Perpetuation of Inequality
Cambridge University Press, 2022
Post-Racial Constitutionalism and the Roberts Court: rhetorical neutrality and the perpetuation of inequality analyses how the Roberts Court plays an essential role in advancing neutrality— “the way to stop discrimination on the basis of race is to stop discriminating on the basis on race”—to promote post-racialism. No use of race, even if it is in the promotion of eradicating inequality, is appropriate because we have a fair and neutral process that is legitimate. The Court has created a democratic myth of societal progress by promoting post-racialism: race and racism is never acknowledged, so the Court consistently reaches conclusions that erase the fundamental rights of historically oppressed groups. In comprehensive detail, the book discusses Rhetorical Neutrality, how the Court expresses itself through the language of neutrality.
H. Jefferson Powell (Duke Law School)
The Practice of American Constitutional Law
Cambridge University Press, 2022
The book demonstrates that there is a longstanding, shared practice of constructing and evaluating constitutional law claims that transcends current political disagreements. The author describes how lawyers and judges identify constitutional problems by using a specifiable method of inquiry that enables them to agree on what the questions are, and thus what any plausible answer must address, even when disagreement over the most persuasive answers remains. Rather than being simply politics by other means, constitutional law is the successful practice of giving substance to the Constitution as supreme law.
Jedediah Purdy (Duke Law School)
Two Cheers for Politics: Why Democracy is Flawed, Frightening—and Our Best Hope
Basic Books, 2022
Americans across the political spectrum agree that our democracy is in crisis. We view our political opponents with disdain, if not terror, and an increasing number of us are willing to consider authoritarian alternatives. The author argues that this heated political culture is a symptom not of too much democracy but too little. Today, the decisions that most affect our lives and our communities are often made outside the political realm entirely, as market ideology, constitutional law, and cultural norms effectively remove broad swaths of collective life from the table of collective decision. The result is a weakened and ineffective political system and an increasingly unequal and polarized society. If we wish to renew that society, we’ll need to claw back the ground that we’ve ceded to anti-politics and entrust one another with the power to shape our common life.
Sarah E. Redfield (University of New Hampshire Law), Bernice B. Donald
Extending Justice: Strategies to Increase Inclusion and Reduce Bias
Carolina Academic Press, 2022
Extending Justice: Strategies to Increase Inclusion and Reduce Bias offers expert perspective and actionable tools for interrupting bias. The first book in this series, Enhancing Justice: Reducing Bias, was written to increase awareness of implicit bias and serve as a benchbook for judges. This book goes the next step to be useful to a wider audience with virtually every chapter offering thoughtful context and practical strategies for interrupting unintentional bias. Edited by two proven leaders in the field, with twenty-six chapters written by fifty diverse authors, the voices here combine to provide wide-ranging and user-friendly science and tools.
John Henry Schlegel (University at Buffalo School of Law)
While Waiting for Rain: Community Economy and Law in a Time of Change
University of Michigan Press, 2022
While Waiting for Rain: Community Economy and Law in a Time of Change covers a wide range of law and economy topics, reviewing the nation’s economic history and looking at Buffalo as an example of how a city devastated by the loss of its manufacturing base might find a brighter future.
Tania Shah (Western State College of Law), Melissa Hale, (Loyola University Chicago School of Law), and Antonia Miceli (Saint Louis University)
The Ultimate Guide to the UBE Redesigned
Aspen Publishing, February 2022
Addressing the relative newness of the UBE, The book provides a detailed approach to the exam, utilizes real students’ past bar exam answers (including real bar exam scores), and includes commentary from expert contributors for added insight and perspective on how students can improve their own exam writing scores.
Seana Shiffrin (UCLA Law)
Democratic Law
Oxford University Press, 2022
In this book, based on her 2017 Berkeley Tanner Lectures, Seana Valentine Shiffrin offers an original, deontological account of democracy, law, and their interrelation. Her central thesis is that democracy and democratic law have intrinsically valuable, interconnected communicative functions. Democracy and democratic law together allow us to fulfill our fundamental duties to convey to each another messages of equal respect by fashioning the sorts of public joint commitments to act that a sincere message of equal respect requires. Law and democracy are essential to each other: the aspirations of democracy cannot be realized except through a legal system, and, conversely, law can fulfill its primary function only in a democratic context.
Marc I. Steinberg (Southern Methodist University, Dedman School of Law)
Securities Regulation (8th ed.)
Carolina Academic Press, 2022
This textbook provides a comprehensive and student-friendly source for students to grasp and learn this challenging subject matter. Nearly all of the key areas of securities regulation are covered, including definition of security, exemptions from registration, the Securities Act registration framework, resales of securities, due diligence in the securities offering context, Securities Act liability under Section 11, Section 12, and control person provision, Exchange Act Section lO(b) anti-fraud liability in private litigation, other remedial provisions that are employed in private litigation, secondary liability such as aiding and abetting, control person, and respondeat superior liability, insider trader, broker-dealer law, mergers and acquisitions, SEC enforcement, and attorney ethical obligations in the securities law setting.
Joshua C. Tate (Southern Methodist University, Dedman School of Law)
Power and Justice in Medieval England: the Law of Patronage and the Royal Courts
Yale University Press, 2022
Appointing a parson to the local church following a vacancy was one of the most important rights in medieval England. The question of law turned at the time the position needed to be filled. This book shows that the English needed new legal contours to address the questions of ownership and possession that arose from these disputes.
Gabriel H. Teninbaum (Suffolk University Law School)
Productizing Legal Work
Aspen Publishing, 2022
For millions of Americans, creating an estate plan no longer involves a high-priced attorney. Instead, they can log into LegalZoom and get the job done for a fraction of the cost. The same goes for filing a tax return: no need for a CPA, TurboTax can do it for you! At the heart of these tools (productized services) is a technique for converting work that has traditionally been done by a professional for a limited number of clients to work that can be shared, licensed or sold to a much wider audience (usually through the use of online or specialized software technologies). People create productized services in order to help more people and create new revenue streams. Consumers, in turn, get access to valuable services at lower cost. While creating productized services was once challenging and expensive, a new generation of facilitating tools enable any enterprising person – including law students and lawyers – to productize services with greater ease than ever before. This book unpacks the concept and impact of productizing services and provides a step-by-step introduction to the process of productizing legal work.
Leo R. Tsao (Harvard Law School), Daniel S. Kahn (Harvard Law School) and Eugene Soltes
Corporate Criminal Investigations and Prosecutions
Aspen Publishing, September 2022
Over the past two decades, corporate criminal liability has developed into one of the fastest-growing and most dynamic areas of legal practice. The growth of corporate criminal enforcement has correlated with a broad shift in how the government investigates and resolves corporate criminal violations. As a result of these developments, the practice of investigating, prosecuting, and resolving corporate criminal cases has many significant differences from other areas of criminal or civil law. In this book, the authors open a window into all aspects of corporate criminal investigations and prosecutions.
John Witte, Jr. (Emory University School of Law), Joel A. Nichols, (University of St. Thomas School of Law), and Richard W. Garnett (Notre Dame Law School)
Religion and the American Constitutional Experiment
Oxford University Press, 2022
This accessible and authoritative introduction tells the American story of religious liberty from its colonial beginnings to the latest Supreme Court cases. The authors analyze closely the formation of the First Amendment religion clauses and describe the unique and enduring principles of the American experiment in religious freedom – liberty of conscience, free exercise of religion, religious equality, religious pluralism, separation of church and state, and no establishment of religion.
Joan W. Howarth (University of Nevada, Las Vegas Law and Michigan State University Law)
Shaping the Bar: The Future of Attorney Licensing
Stanford University Press, December 2022
In Shaping the Bar, Joan Howarth describes how the twin gatekeepers of the legal profession—law schools and licensers—are failing the public. Attorney licensing should be laser-focused on readiness to practice law with the minimum competence of a new attorney. According to Howarth, requirements today are both too difficult and too easy. Amid the crisis in unmet legal services, record numbers of law school graduates—disproportionately people of color—are failing bar exams that are not meaningful tests of competence to practice. At the same time, after seven years of higher education, hundreds of thousands of dollars of law school debt, two months of cramming legal rules, and success on a bar exam, a candidate can be licensed to practice law without ever having been in a law office or even seen a lawyer with a client.
Lawrence A. Zelenak (Duke Law School) and Ajay K. Mehrotra (Northwestern Pritzker School of Law)
A Half-Century with the Internal Revenue Code: The Memoirs of Stanley S. Surrey
Carolina Academic Press, 2022
Stanley S. Surrey was the most prominent mid-twentieth-century American tax law academic, and the federal government official with the greatest influence on tax policy over that same period (aside from politicians). His professional life with the federal tax system spanned half a century, ending only with his death at the age of 73 in 1984. This edited volume includes an comprehensive introductory essay on Surrey’s professional life and his contributions to tax policy, as well as extensive annotations providing important background on the people and events Surrey discusses in the memoirs.
Corey Rayburn Yung (University of Kansas School of Law), Sarah Deer (University of Kansas School of Law), Bennett Capers (Fordham University School of Law)
Feminist Judgments: Rewritten Criminal Law Opinions
Cambridge University Press, December 2022
The authors explore the question: ‘Is it possible to be both a judge and a feminist?’ by re-writing seminal opinions that implicate critical dimensions of criminal law jurisprudence, from the sexual assault law to provocation to cultural defenses to the death penalty. We have had #MeToo campaigns and #SayHerName campaigns, and yet not enough has changed. The book looks at how all justice might look different through a feminist lens.
Alex Zhang (Duke Law School) and Katherine Siler (Stanford Law School)
Global Animal Law Research: Strategies and Resources
Carolina Academic Press, 2022
Across the globe, legal protection of animal rights continues to be a significant issue, and the level of protection varies dramatically among countries. Yet, no treatise has compiled resources and strategies on how to research these critical topics at both a domestic and international level. The purpose of this book is to fill the gap. Featuring 12 research experts specializing in U.S., foreign, international, and comparative law research, the book collects expert perspectives, knowledge, and experiences researching various animal rights and welfare topics.
Taisu Zhang (Yale Law School)
The Ideological Foundations of Qing Taxation: Belief Systems, Politics, and Institutions
Cambridge University Press, February 2023
How states develop the capacity to tax is a question of fundamental importance to political science, legal theory, economics, sociology, and history. Increasingly, scholars believe that China’s relative economic decline in the 18th and 19th centuries was related to its weak fiscal institutions and limited revenue. This book argues that this fiscal weakness was fundamentally ideological in nature. Belief systems created through a confluence of traditional political ethics and the trauma of dynastic change imposed unusually deep and powerful constraints on fiscal policymaking and institutions throughout the final 250 years of China’s imperial history. Through the Qing example, this book combs through several interaction dynamics between state institutions and ideologies. The latter shapes the former, but the former can also significantly reinforce the political durability of the latter. In addition to its historical analysis of ideological politics, this book makes a major contribution to the longstanding debate on Sino-European divergence.