Roger Fairfax, Bennett Capers, and Eric Miller
Everyone is talking about fintech, and they’re usually saying good things. Driverless Finance provides a balance to that conversation, exploring the threats that different fintech innovations pose for our financial system. With in-depth and accessible descriptions of new financial technologies and business models—ranging from distributed ledgers to machine learning, cryptoassets to robo-investing—this book helps readers to think more critically about fintech, and about how the law should respond to it.
This book highlights the increased speed, complexity, and coordination inherent in new fintech innovations, and illustrates how these features could come together in a massive financial system failure. It makes the case for a precautionary approach to regulating fintech, erring on the side of caution to avoid a financial crisis that could have irreversible and catastrophic effects for our society. Because neither longstanding regulatory approaches nor experimental new approaches like regulatory sandboxes were designed to address fintech's systemic risks, this book makes several bold new proposals for regulation designed to make fintech-inspired financial crises less likely. These proposals include new forms of disclosure and supervision, new forms of technological tools (known as suptech), and a new licensing regime for financial technologies. This book finishes by situating its discussion of fintech and financial stability in the context of important debates about innovation, expertise, cybersecurity, privacy, competition, and other pressing issues.
The Fourth Edition of Antitrust Law in Perspective has been thoroughly refreshed with new cases, new, revised, and updated Notes and Sidebars, some new Problems, and added content to help facilitate class discussion of the competition challenges of digital markets. New principal cases include NCAA v. Alston, Ohio v. American Express, Apple v. Pepper, and United States v. AT&T, all of which are accompanied by in-depth legal and economic analysis and thought-provoking queries to introduce students to the complex issues they pose. In addition, many new cases are cited and important recent commentary is noted. The authors have also streamlined and restructured some of the Notes and Sidebars, a unique feature of the book, to make them more accessible to students and easier for adopters to select the material they would like to assign and emphasize.
The Fourth Edition also includes a new feature, four “Policy Exchanges” on topics including whether antitrust should be part of the policy arsenal to challenge wealth inequality, error cost analysis, the continued vitality of the Philadelphia National Bank presumption for mergers, and the propriety of procompetitive presumptions associated with vertical restraints. These “point-counterpoint” readings supplement the cases and provide discrete opportunities to explore some of the most contentious issues facing antitrust policy today. The book also includes two new digital market-focused case studies to Chapters 1 and 5, respectively, to introduce basic concepts of collusion and exclusion and the increasingly important role of potential competition analysis.
The authors are acutely aware that the field of antitrust law may be at an inflection point. The body of law reflected in the book is largely the product of a generation of evolution that, until recently, seemed stable and well-accepted, but it may now be facing a crucial test. As always, the authors are committed to monitoring developments and supplementing the material in the book as needed to keep adopters and their students abreast of new cases and potential reforms.
V. Gerard Comizio
Virtual Currency Law: The Emerging Legal and Regulatory Framework by V. Gerard Comizio is one of the first casebooks to explore the emerging legal and regulatory framework governing virtual currency activities under a wide range of federal and state laws, including securities, banking, commodities, money transmission, payments systems, commercial, anti-money laundering, fintech, cyber and data security, tax, Constitutional and international laws.
Virtual Currency Law is one of the first books specifically suited for use in a law school course exploring 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.
N. Jeremi Duru and Timothy Davis
Understanding Sports Law provides a comprehensive overview of the legal issues and concepts that emerge from relationships existing within American sport. It captures the legal doctrine and rules arising from judicial decisions, state and federal legislation, and the private law created by associations and other sport entities. In doing so, Understanding Sports Law examines a vast array of different substantive areas of law as applied in the sports context. These include contracts, torts, intellectual property, antitrust, labor law and constitutional law.
While this treatise's primary focus is on articulating the current legal principles governing relationships in sport, it often discusses the historical evolution of such rules in order to contextualize and foster an understanding of today's controlling principles. It also guides the reader through legal and regulatory developments shaping the future of the sports industry, such as name, image, and likeness marketing opportunities for collegiate athletes and race and gender equity movements across the sports landscape.
This treatise can serve as a helpful companion to a casebook or as a stand-alone resource and will prove useful for law students, law professors, and practitioners alike.
Corporate Governance examines in an extraordinarily practical and accessible way the legal concerns of today’s shareholders, stakeholders, directors, officers, and their counsel, with a special emphasis on drafting documents and developing procedures to anticipate and prevent problems.
Designed for real-world application by students, practitioners, executives, investors, and activists, the text includes excerpts from only the most important judicial decisions. Extensive notes and analyses provide context from courts, commentators, institutional investors, proxy advisors, stock exchange requirements, and businesspeople. Dozens of examples “ripped from the headlines,” or taken from corporate documents, the “Great Books,” or pop culture illustrate and illuminate key principles. Appendices offer detailed information to establish, support, and advance the reader’s career in corporate governance practice.
This supplement brings the principal text current with recent developments in the law.
This comprehensive, multidisciplinary casebook analyzes all aspects of international environmental law and policy, including the major environmental treaty regimes, customary law principles and the development and evolution of soft law norms. It has been widely adopted in the field for over two decades. Written in a user-friendly fashion with problem exercises and a Teacher's Manual, it emphasizes the dynamic nature of the law-making process, including global environmental diplomacy and the critical role of non-state actors, including scientists, NGOs, and business. Getting to the heart of pressing environmental challenges, it explains not just the law but also the relevant politics, economics, and science.
This sixth edition of the book reflects major new developments such as the development of rules to implement the Paris Agreement, the evolution of the Montreal Protocol ozone treaty into an explicit climate treaty, the emergence of successful human-rights litigation to address climate change, the withdrawal of Japan from the Whaling Convention, the U.S.-Mexico-Canada Trade Agreement, and the increasing concern over plastic pollution, to name just a few.
As the Cold War began, America’s race for tech supremacy was taking off. Experts rushed to complete the top-secret computing research started during World War II, among them six gifted mathematicians: a patriotic Quaker, a Jewish bookworm, a Yugoslav genius, a native Gaelic speaker, a sophomore from the Bronx, and a farmer’s daughter from Missouri. Their mission? Programming the world’s first and only supercomputer—before any code or programming languages existed.
These pioneers triumphed against sexist attitudes and huge technical challenges to invent computer programming, yet their monumental contribution has never been recognised—until now. Over a decade, Kathy Kleiman met with four of the original six ENIAC Programmers and recorded their stories. Here, with a light touch and a serious mind, she exposes the deliberate erasure of their achievements and restores the women to their rightful place as revolutionaries, bringing to life their camaraderie, their determination, and their rapidly changing world.
As big tech struggles with gender inequality and momentum builds in restoring women to history, the time has come for this engrossing story to be uncovered and celebrated.
Angela J. Davis
From the Publisher: Basic Criminal Procedure is a clear and comprehensive outline of the most important principles and issues taught in the basic Criminal Procedure law school course. It covers the 4th, 5th, and 6th Amendments, including Exceptions to the Warrant requirement, Remedies for 4th Amendment violations, the Privilege Against Self-Incrimination, Limits on Identification Evidence and the Right to Counsel. Basic Criminal Procedure also provides sample examination questions and answers.
This supplement brings the principal text current with recent developments in the law.
ABOUT YOU ARE NOT AMERICAN
Citizenship is invaluable, yet our status as citizens is always at risk—even for those born on US soil.
Over the last two centuries, the US government has revoked citizenship to cast out its unwanted, suppress dissent, and deny civil rights to all considered “un-American”—whether due to their race, ethnicity, marriage partner, or beliefs. Drawing on the narratives of those who have struggled to be treated as full members of “We the People,” law professor Amanda Frost exposes a hidden history of discrimination and xenophobia that continues to this day.
The Supreme Court’s rejection of Black citizenship in Dred Scott was among the first and most notorious examples of citizenship stripping, but the phenomenon did not end there. Women who married noncitizens, persecuted racial groups, labor leaders, and political activists were all denied their citizenship, and sometimes deported, by a government that wanted to redefine the meaning of “American.” Today, US citizens living near the southern border are regularly denied passports, thousands are detained and deported by mistake, and the Trump administration is investigating the citizenship of 700,000 naturalized citizens. Even elected leaders such as Barack Obama and Kamala Harris are not immune from false claims that they are not citizens eligible to hold office.
You Are Not American grapples with what it means to be American and the issues surrounding membership, identity, belonging, and exclusion that still occupy and divide the nation in the twenty-first century.
From the Publisher:
A comprehensive history of the concept of freedom of therapeutic choice in the United States that presents a compelling look at how persistent but evolving notions of a right to therapeutic choice have affected American policy and law from the Revolution through the Trump Era.
Throughout American history, lawmakers have limited the range of treatments available to patients, often with the backing of the medical establishment. The country's history is also, however, brimming with social movements that have condemned such restrictions as violations of fundamental American liberties. This fierce conflict is one of the defining features of the social history of medicine in the United States.
In Choose Your Medicine, Lewis A. Grossman presents a compelling look at how persistent but evolving notions of a right to therapeutic choice have affected American health policy, law, and regulation from the Revolution through the Trump Era. Grossman grounds his analysis in historical examples ranging from unschooled supporters of botanical medicine in the early nineteenth century to sophisticated cancer patient advocacy groups in the twenty-first. He vividly describes how activists and lawyers have resisted a wide variety of legal constraints on therapeutic choice, including medical licensing statutes, FDA limitations on unapproved drugs and alternative remedies, abortion restrictions, and prohibitions against medical marijuana and physician-assisted suicide. Grossman also considers the relationship between these campaigns for desired treatments and widespread opposition to state-compelled health measures such as vaccines and face masks.
From the streets of San Francisco to the US Supreme Court, Choose Your Medicine examines an underexplored theme of American history, politics, and law that is more relevant today than ever.
Heather Hughes, G. Eric Brunstad Jr., and James J. White
This book covers comprehensively both the basics of secured transactions under UCC Article Nine and some of the most complex modern transactions such as “repos” and “securitizations.” To offset the complexities of the subject matter, this text is extremely user-friendly. Every chapter has ample introductory material to help the student get oriented. This manageably sized book is organized by transaction (e.g., loans on equipment, on inventory, etc.), rather than by code section (e.g., attachment, perfection, etc.), so that students can see how various transactions develop, rather than learning about sections of the code out of context. A course on Article Nine offers the opportunity for the student to acquire an extensive and vitally important commercial law vocabulary, and this book maximizes that opportunity. In addition to extensively revising all of the former chapters, this edition includes new materials on practice skills, on international secured transactions, and on emerging technologies. It includes a revised and re-situated chapter on the history of secured transactions, followed by a revised, cutting-edge concluding chapter on the theory of Article Nine. The book tracks modern curricular trends, including increased interest in courses on (i) legislation and more detailed consideration of methods of statutory interpretation, and (ii) practice skills such as reviewing contracts and preparing closing opinion letters. Finally, the new edition concisely presents blockchain technology and how it implicates secured transactions and UCC Article Nine.
Cynthia E. Jones
The January 2021 Capitol Hill riots, the summer 2020 Black Lives Matter protests, the killings of George Floyd and Breonna Taylor, the wave of state and local reforms to policing powers, and increasingly pervasive use of technology in criminal investigations are the contemporary national issues that are captured in the Sixth Edition of Constitutional Criminal Procedure.
The Sixth Edition offers maximum pedagogical freedom to craft an exciting course using seminal U.S. Supreme Court cases, sample court documents, illuminating graphics, and problem-solving opportunities throughout a text that maintains its relevance and user-friendly structure for new and old adopters alike. It excerpts cutting-edge law review articles, emergent social science research, and interdisciplinary essays, as well as infusing insights from respected legal experts and other significant 21st century voices.
The Sixth Edition also presents an exciting new co-author collaboration between former federal prosecutor, Professor Lenese C. Herbert of Howard University School of Law, and Professor Cynthia E. Jones of the American University Washington College of Law, who worked as a trial attorney at the Public Defender Service for the District of Columbia and later became the agency director. Both experienced law professors, Professors Herbert and Jones have made effective use of their “across-the-aisle” collaboration in the Sixth Edition of Constitutional Criminal Procedure.
In A Nation Within, Ezra Rosser explores the connection between land-use patterns and development in the Navajo Nation. Roughly the size of Ireland or West Virginia, the Navajo reservation has seen successive waves of natural resource-based development over the last century: grazing and over-grazing, oil and gas, uranium, and coal; yet Navajos continue to suffer from high levels of unemployment and poverty. Rosser shows the connection between the exploitation of these resources and the growth of the tribal government before turning to contemporary land use and development challenges. He argues that, in addition to the political challenges associated with any significant change, external pressures and internal corruption have made it difficult for the tribe to implement land reforms that could help provide space for economic development that would benefit the Navajo Nation and Navajo tribal members.
In all but the rarest circumstances, the world's deadly conflicts are ended not through outright victory, but through a series of negotiations. Not all of these negotiations, however, yield a durable peace. To successfully mitigate conflict drivers, the parties in conflict must address a number of puzzles, such as whether and how to share and/or re-establish a state's monopoly of force, reallocate the ownership and management of natural resources, modify the state structure, or provide for a path toward external self-determination. Successfully resolving these puzzles requires the parties to navigate a number of conundrums and make choices and design mechanisms that are appropriate to the particular context of the conflict, and which are most likely to lead to a durable peace. Lawyering Peace aims to help future negotiators build better and more durable peace agreements through a rigorous examination of how other parties have resolved these puzzles and associated conundrums.
Barlow Burke, Ann M. Burkhart, and Thomas P. Gallanis
Now in its fifth edition, the strength of Fundamentals of Property Law has always been its comprehensiveness in both a traditional and innovative sense. The use of statutes makes it possible to focus some classes on statutory analysis. Shorter judicial opinions make it possible to lay out fundamental rules in one opinion and show their application in another. With these objectives in mind, the authors have followed four guidelines in preparing the casebook:
(1) Case selection has emphasized rules that are widely accepted in practice. Included are opinions that adopt a minority view only when they also state the majority position clearly, so that students will not be misled about the current state of the law.
(2) Shorter cases have been preferred over longer ones, and short expositions of the rules have been preferred over treatise-like opinions. Students should also become familiar with the treatises and law review literature on the subjects raised in the cases as casebooks are a necessary, but not sufficient, guide to the law.
(3) Many of the cases and notes that follow them deal with questions of statutory interpretation. The law of real property is less affected by statutory change than many areas of the first year curriculum, but learning to understand the role statutes play in our legal system is of vital importance for all students of the law.
(4) The nature of the law of property is illuminated by many disciplines. The authors emphasize no particular discipline in selecting cases, writing notes, or defining problems; much of the material in the casebook lends itself to a broad approach to the law.
Michael W. Carroll
The eleventh edition of Copyright Law includes significant updates reflecting recent legislation, new judicial precedents, and updates to Copyright Office rules. Major changes include revision of the useful articles section in the wake of Star Athletica, revisions of the sections on music to reflect the Music Modernization Act, and updates throughout the book to reflect significant federal appellate decisions. Some illustrations have been updated or supplemented to reflect these changes in the law.
N. Jeremi Duru
In Sports Law: Governance and Regulation, Third Edition four of the nation’s leading sports law scholars have merged their expertise to produce this problem-based sports law and governance text for undergraduate and graduate students. Drawing on the work they have done in developing the field’s leading sports law casebook for law students, they present this text in the traditional law school case method style, but with an eye toward accessibility for non-law students. Whether students are interested in careers in professional or amateur sports law, this text will equip them with the foundational knowledge necessary to identify legal issues, minimize risk, and become a generation of problem solvers within the sports industry. Contracts, torts, agency, labor and employment, racial and gender equity, antitrust, and intellectual property law are all addressed, as are health and safety issues and high school, college, and international/Olympic/regulatory concerns. Moreover, the text explores the sports industry with an appreciation of its dynamism, examining topics from cutting edge issues in athlete representation to the uncertain future of big-time intercollegiate athletics. Sports Law: Governance and Regulation, Third Edition is a must for undergraduate and graduate students interested in the sports industry.
“Dear Law Student: Here’s the truth. You belong here.”
Law professor Andrew Ferguson and former student Jonathan Yusef Newton open with this statement of reassurance in The Law of Law School. As all former law students and current lawyers can attest, law school is disorienting, overwhelming, and difficult. Unlike other educational institutions, law school is not set up simply to teach a subject. Instead, the first year of law school is set up to teach a skill set and way of thinking, which you then apply to do the work of lawyering. What most first-year students don’t realize is that law school has a code, an unwritten rulebook of decisions and traditions that must be understood in order to succeed.
The Law of Law School endeavors to distill this common wisdom into one hundred easily digestible rules. From self-care tips such as “Remove the Drama,” to studying tricks like “Prepare for Class like an Appellate Argument,” topics on exams, classroom expectations, outlining, case briefing, professors, and mental health are all broken down into the rules that form the hidden law of law school. If you don’t have a network of lawyers in your family and are unsure of what to expect, Ferguson and Newton offer a forthright guide to navigating the expectations, challenges, and secrets to first-year success. Jonathan Newton was himself such a non-traditional student and now shares his story as a pathway to a meaningful and positive law school experience. This book is perfect for the soon-to-be law school student or the current 1L and speaks to the growing number of first-generation law students in America.
Andrew Ferguson, David Kaye, and David Bernstein
This volume provides in depth coverage of the topics that lawyers and judges must know when dealing with expert testimony about medicine, engineering, psychology, economics, and forensic science, among other areas. It covers the topics common to all such testimony and focuses on scientific and statistical evidence, providing sophisticated and up-to-date explanations and analyses of:
- The principles and policies underlying all the approaches to admitting scientific evidence, from the traditional relevance standard to the most restrictive interpretations of the Supreme Court's watershed opinion in Daubert v. Merrell Dow Pharmaceuticals.
- An in-depth look at the continuing importance and practical operation of the Frye standard.
- Qualifications for expert witnesses.
Cynthia Jones, Peter J. Henning, Ellen S. Podogor, Karen McDonald Henning, and Sanjay K. Chhablani
Mastering Criminal Procedure, Volume 1: The Investigative Stage provides a concise treatment of the relevant federal constitutional doctrines that guide and constrain interactions between the police and individuals in the investigation of criminal conduct. The book provides an overview of the criminal process and the constitutional sources of the criminal procedure rules, including different approaches to constitutional interpretation. The third edition of Volume One focuses on the Fourth, Fifth, and Sixth Amendments as they relate to the warrant requirement for searches, exceptions that allow warrantless searches, the seizure of evidence and individuals, and the interrogation of suspects.
Discusses the standards developed by the courts, together with pertinent statutes and leading case law for every jurisdiction. Examines the law's historical development and the current law. Also addresses the departures from previous law and practice. Analyzes habeas corpus themes, patterns, and directions for current and future litigation. This guide provides the actual language of the court with complete citations to aid in further research.
- Provides historical perspective
- Includes actual language of the court
- Ready reference to habeas corpus law
- Tailor arguments using extensive citations
- Addresses filing deadlines, certificates of appealability, successive petitions, and standards of review
- Learn how the law is currently applied