Martha M. Ertman and Joan C. Williams
What is the price of a limb? A child? Ethnicity? Love? In a world that is often ruled by buyers and sellers, those things that are often considered priceless become objects to be marketed and from which to earn a profit. Ranging from black market babies to exploitative sex trade operations to the marketing of race and culture, Rethinking Commodification presents an interdisciplinary collection of writings, including legal theory, case law, and original essays to reexamine the traditional legal question: ̶To commodify or not to commodify?”
In this pathbreaking course reader, Martha M. Ertman and Joan C. Williams present the legal cases and theories that laid the groundwork for traditional critiques of commodification, which tend to view the process as dehumanizing because it reduces all human interactions to economic transactions. This “canonical” section is followed by a selection of original essays that present alternative views of commodification based on the concept that commodification can have diverse meanings in a variety of social contexts. When viewed in this way, the commodification debate moves beyond whether or not commodification is good or bad, and is assessed instead on the quality of the social relationships and wider context that is involved in the transaction. Rethinking Commodification contains an excellent array of contemporary issues, including intellectual property, reparations for slavery, organ transplants, and sex work; and an equally stellar array of contributors, including Richard Posner, Margaret Jane Radin, Regina Austin, and many others.
William L. Reynolds and William M. Richman
This work examines all the aspects of the Full Faith and Credit Clause and its importance in the development of United States law. It begins with the birth of the clause and the history underlying its adoption. This includes discussions held at the Constitutional Convention and the early judicial interpretations of the clause. The book looks separately at the individual components that embody the clause--those that deal with records, public acts, and judicial proceedings. The book also zeroes in on the relationship between the clause and the issues of family law. It covers marriage, divorce, support, and child custody, all issues that have demanded serious attention in recent years.
Christopher Schroeder and Rena I. Steinzor
Over the last quarter century, much of the focus of federal regulatory policy in the areas of health, safety, and the environment has been gradually redirected away from protecting Americans against various harms and toward protecting corporate interests from the plain meaning of protective statutes. This book delivers precisely what its title promises, a re-imagining of federal policy in these areas, with particular focus on the regulatory process. It identifies the failings of the current approach to regulation and proposes innovative, straightforward, and practical solutions for the 21st Century. The book is a collaboration among the Member Scholars of the Center for Progressive Regulation.
David S. Bogen
The privileges and immunities clauses in the U.S. Constitution forbids one state from discriminating against citizens of another state with respect to privileges and immunities that state affords its own citizens. Of course, the history, interpretation, and rulings on Article IV and the Fourteenth Amendment are much more nuanced and controversial. Bogen details the origins and development of the concept of privileges and immunities, and provides an in-depth analysis of the symbiotic relationship between Article IV and the Fourteenth Amendment, detailing the current understanding of the clauses as reflected in the decisions of the Supreme Court. The author concludes by arguing that the tension between the Framers' intent to protect fundamental human rights and the Court's current confused and inappropriate use of rights language may be resolved by applying customary international human rights to the states. An extensive bibliographic essay and a table of cases are provided to guide further reading on the topic.
Donald E. Lively, William D. Araiza, Phoebe A. Haddon, John Knechtle, and Dorothy E. Roberts
Paula A. Monopoli
New Hampshire judge and probate attorney John Fairbanks, a court-appointed executor and trustee, stole thousands of dollars from the estates of his trusting elderly clients. Successful Virginia lawyer David Murray misappropriated nearly four million dollars from estates entrusted to him in one of the largest financial swindles by a lawyer in U.S. history. Enterprising attorney James Gunderson drafted wills and living trusts for many residents of Leisure World in Orange County, California, who named him the sole trustee and major beneficiary.
These are just some of the cases examined by Paula A. Monopoli to illustrate the unsettling prevalence of fraud and abuse inherent in American probate law. Probate courts are intended to provide a vehicle for the orderly disposition of property after death, to balance the interests of creditors, the government, and heirs, and to protect the rights of the elderly and others with special needs. In this insightful work, Monopoli shows how an array of flaws in the system allows corrupt and unethical lawyers to take advantage of the nation's most vulnerable citizens. She delves into such subjects as the history and purpose of probate, procedural complexities, lack of regulatory oversight, inadequate judicial resources, and the growth of non-probate alternatives, concluding with a blueprint for reform that emphasizes deterrence, detection, and compensation for the victims.
This informative account casts new light on the intricacies and failures of a legal process that affects millions of Americans every year.
Daniel Q. Posin and Donald B. Tobin
Includes analysis of cases and concepts of the leading casebooks, explanations with amplified diagrams and flow charts, and extensive treatment of the time value of money issues. Explores exotic Wall Street techniques employed to avoid capital gains. In clear language, this book explains equity swaps, shorting against the box, swap funds, and DECS. Presents, among other high-profile situations, a case study of how former Treasury Secretary William Simon and his partners made $700 million in profits on the sale of the Avis car rental agency less than two years after they bought it and paid no taxes.
William L. Reynolds
Explores the process by which American judges decide cases and analyzes questions involving common-law adjudication and statutory interpretation. Additional subjects are touched upon, such as constitutional decision making and problems concerning the trial of issues.
Harry Shulman, Fleming James, Oscar S. Gray, and Donald G. Gifford
The opinions included in this law school casebook are designed for teaching case analysis and the social and economics consequences of legal decisions. Enough of the majority, and often the dissent opinion is presented to illustrate how the case fits with precedents and allows students to evaluate the arguments on either side of the case. It emphasizes accidents and the role of fault in society's management of their costs, and the historical basis for modern torts doctrines. It details intentional torts and a wide range of other non-accident wrongs.
David H. Vernon, Louise Weinberg, William L. Reynolds, and William M. Richman
Conflicts courses have become increasingly important to preparation for a sophisticated practice of law, whether in counseling or litigation. Because modern Conflicts law is undergoing significant and complex changes in many states, the authors include new discussions of emerging areas, notably international aspects of conflicts of laws and Internet jurisdiction. Further reflecting the fact that the Second Restatement has become the dominant choice-of-law methodology in over half the states, this new edition contains an extensively revised and supplemented treatment of those provisions.
Peter G. Danchin and Elizabeth A. Cole
The ousting of the communist regimes has not guaranteed the protection of human rights. The historical reality is that discrimination against minority religious and ethnic groups is often part of a broader monolithic nationalism. As official atheism is replaced by varying models of church-state arrangements, how much will the rule of law prevail against resurgent nationalism and intolerance toward minorities? These nineteen essays consider this question. The authors represent eleven countries (four essays discuss Western Europe ) and include theologians, political and social scientists, legal scholars, and human rights professionals. Whether considering Bulgaria's policy toward Muslims or Christian-Jewish dialogue in Poland, these provocative essays shed new light on human rights in a globalizing world.
Leigh S. Goodmark
Mark A. Graber and Michael Perhac
Marbury versus Madison combines documents and analytical essays timed for the bicentennial year (2003) of one of the most important Supreme Court cases. This timely collection will explain:
- the constitutional, political, philosophical background to judicial review
- the historical record leading to this landmark case
- the impact of the decision since 1803
- its impact on the world stage, especially for new and emerging democratic nations.
Also includes a listing of all the Supreme Court cases citing Marbury an an annotated Marbury v. Madison.
William M. Richman and William L. Reynolds
This Understanding treatise provides authoritative and comprehensive explanations of major theories and leading cases covered in Conflict of Laws courses. A family law chapter includes substantial new material on federal legislative responses to the serious problem of child support enforcement. Understanding Conflict of Laws also includes a new section on cyberspace jurisdiction.
Wolfgang Schluchter and Peter E. Quint
C. Christopher Brown
The Civil War diary of Capt. Charles Roush provides valuable insight into the life of a Union soldier who marched in 1861 and 1862 through the rolling hills of Maryland and Virginia, ending at the battle of South Mountain, where Roush was injured, just a couple of days prior to Antietam.
His diary relates the dreariness of war. Disease was arguably a far more potent adversary than the Southern troops. Winter brought bad weather, much sickness, as well as McCellan’s infamous forced “promenade” through northern Virginia.
In May 1862, after returning from a long march, Roush encountered two special visitors to his camp: the President and Secretary of War. Lincoln also appeared at Roush’s station a second time. Nevertheless, Roush quickly lost his interest for war. His diary relates that he was “opposed to a political abolition war.” His diary contained constant references to his poor health.
At one point, he noted, “he had no provisions for 3 days.” In September Roush suffered the injury that ended his Civil War career. A musket ball struck him in the foot. Unbeknownst to Roush, the injury spared him from the rigors of the bloody battle of Antietam.
Edward A. Tomlinson
A significant improvement over the Code it replaced (Volume 1 in the Series), this new Code provides a coherent structure and a high degree of internal consistency.
Michael P. Van Alstine and Siegfried H. Elsing
Peter N. Swisher, Anthony Miller, and Jana B. Singer
The Second edition of Family Law addresses contemporary family law issues and analyzes the public and private dichotomy in contemporary family law relationships.
Michael J. Glennon, Donald E. Lively, Phoebe A. Haddon, Dorothy E. Roberts, and Russell L. Weaver
Robert V. Percival and Dorothy C. Alevizatos
Law and the Environment: A Multi-disciplinary Reader brings together for the first time some of the most important original work on environmental policy by scientists, ecologists, philosophers, historians, economists, and legal scholars. Each of the book's four parts provides a different focus on the nature and scope of environmental problems and attempts to use public policy to address these concerns. Part I examines how ecology, economics, and ethics analyze environmental problems and why they support collective action to respond to them. Part II examines the history and present state of environmental law, from early attempts to engage the government to the current debate over the effectiveness of environmental policy. Part III explores the process by which environmental law gets translated into regulatory policy. Part IV considers the future of environmental law at a time when international environmental concerns have become a major force in global diplomacy and international trade agreements. In drawing together a wide variety of perspectives on these issues, Robert V. Percival and Dorothy C. Alevizatos offer a comprehensive examination of how society has responded to the difficult challenges posed by environmental problems. The selections provide a rich introduction to the complexities of environmental policy disputes.
Peter E. Quint
In the mid-summer of 1989 the German Democratic Republic-- known as the GDR or East Germany--was an autocratic state led by an entrenched Communist Party. A loyal member of the Warsaw Pact, it was a counterpart of the Federal Republic of Germany (West Germany), which it confronted with a mixture of hostility and grudging accommodation across the divide created by the Cold War. Over the following year and a half, dramatic changes occurred in the political system of East Germany and culminated in the GDR's "accession" to the Federal Republic itself. Yet the end of Germany's division evoked its own new and very bitter constitutional problems. The Imperfect Union discusses these issues and shows that they are at the core of a great event of political, economic, and social history.
Part I analyzes the constitutional history of eastern Germany from 1945 through the constitutional changes of 1989-1990 and beyond to the constitutions of the re-created east German states. Part II analyzes the Unification Treaty and the numerous problems arising from it: the fate of expropriated property on unification; the unification of the disparate eastern and western abortion regimes; the transformation of East German institutions, such as the civil service, the universities, and the judiciary; prosecution of former GDR leaders and officials; the "rehabilitation" and compensation of GDR victims; and the issues raised by the fateful legacy of the files of the East German secret police. Part III examines the external aspects of unification.
Maxwell L. Stearns
Mark A. Graber
Mark Graber looks at the history of abortion law in action to argue that the only defensible, constitutional approach to the issue is to afford all women equal choice--abortion should remain legal or bans should be strictly enforced. Steering away from metaphysical critiques of privacy, Graber compares the philosophical, constitutional, and democratic merits of the two systems of abortion regulation witnessed in the twentieth century: pre-Roe v. Wade statutory prohibitions on abortion and Roe's ban on significant state interference with the market for safe abortion services. He demonstrates that before Roe, pro-life measures were selectively and erratically administered, thereby subverting our constitutional commitment to equal justice. Claiming that these measures would be similarly administered if reinstated, the author seeks to increase support for keeping abortion legal, even among those who have reservations about its morality.
Abortion should remain legal, Graber argues, because statutory bans on abortion have a history of being enforced in ways that intentionally discriminate against poor persons and persons of color. In the years before Roe, the same law enforcement officials who routinely ignored and sometimes assisted those physicians seeking to terminate pregnancies for their private patients too often prevented competent abortionists from offering the same services to the general public. This double standard violated the fundamental human and constitutional right of equal justice under law, a right that remains a major concern of the equal protection clause of the Fourteenth Amendment.