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  ASEAN Law and Regional Integration: Governance and the Rule of Law in Southeast Asia's Single Market

  Diane Desierto

  Edited by Diane Desierto and David J. Cohen

  From the publisher's website: Since the passage of the ASEAN Charter in 2008, ASEAN has transformed itself from a loose economic cooperation, into a formal intergovernmental organization designed to create an “ASEAN Community” forged together in three pillar communities – the ASEAN Political-Security Community, ASEAN Economic Community, and ASEAN Socio-Cultural Community. Forty years of pre-Charter ASEAN practices, coupled with over ten years of post-Charter ASEAN practices thus far, has witnessed the conclusion of hundreds of legally binding regional treaties and similarly binding international instruments in all areas of economic, political-security, and socio-cultural concerns for Southeast Asia to achieve ASEAN’s rule of law-based development objective. Pre-Charter and post-Charter ASEAN Law is variably implemented under a hybrid governance system that depends heavily on ASEAN Member State national implementation alongside ASEAN’s evolving regional institutions. The result is not a model of deep integration as in the case of the European Union, but a particular paradigm of horizontal embeddedness of ASEAN Law – in all its norms and operational practices – contingent on the capacities and compliance of national government bureaucracies in Southeast Asia.

  This edited collection is a concise authoritative volume covering the practical, doctrinal, legal, and policy aspects of the new regime of ASEAN Law and its consequences for realizing rule of law-based development in Southeast Asia’s emerging single market and production base. Drawing together contributions from a range of key thinkers in the field, the editors present the legal and policy-making issues implicated in the practical implementation of Southeast Asia’s single market and its regime for the free movement of goods, services, foreign investment, and cross-border labor. The book also examines the nature of regional law-making under ASEAN before and after the commencement of regional integration in 2015, the nature of ASEAN’s economic regulators, as well as the evolving structure for enforcement and harmonization of “ASEAN Law” through the array of Southeast Asian national courts, arbitral tribunals, and incipient mechanisms for inter-State, intra-regional, and individual-State conflict management and dispute resolution.

  This book is highly relevant to students, scholars, and policy-makers with an interest in ASEAN Law and regional policy, and to Southeast Asian studies in general.

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  Accountability and Private-School Choice

  Nicole Stelle Garnett

  Table of Contents

  • Introduction
  • The Parental-Choice Landscape
  • Accountability and Parental Choice
  • Accountability in Current Choice Programs
  • The Challenges of Accountability in the Private-School-Choice Context
  • Optimal Accountability for Chosen Schools
  • Conclusion: Beyond Academic Accountability
  • Endnotes
  • About the Author

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  National Security Law and the Constitution, 2nd ed.

  Jimmy Gurule, Geoffrey S. Corn, Jeffrey D. Kahn, and Gary Corn

  National Security Law and the Constitution provides a comprehensive examination and analysis of the inherent tension between the Constitution and select national security policies, and it explores the multiple dimensions of that conflict. Specifically, the second comprehensively explores the constitutional foundation for the development of national security policy and the exercise of a wide array of national security powers. Each chapter focuses on critically important precedents, offering targeted questions following each case to assist students in identifying key concepts to draw from the primary sources. Offering students a comprehensive yet focused treatment of key national security law concepts, National Security Law and the Constitution is well suited for a course that is as much an advanced "as applied" constitutional law course as it is a national security law or international relations course.

  New to the second:

  • New author Gary Corn is the program director for the Tech, Law and Security Program at American University Washington College of Law, and most recently served as the Staff Judge Advocate to U.S. Cyber Command, the capstone to a distinguished career spanning over twenty-seven years as a military lawyer
  • Two new chapters: Chapter 1 (An Introduction to the "National Security" Constitution), and Chapter 17 (National Security in the Digital Age)

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  Taxation of Nonprofit Organizations, 5th ed.

  Lloyd Histoshi Mayer, James J. . Fishman, and Stephen Schwarz

  This casebook has been adapted from the authors' pioneering and widely used casebook, Nonprofit Organizations: Cases and Materials. Topics covered include organizational and operational requirements and limitations for tax-exempt status for charitable and mutual benefit organizations, private foundations, the unrelated business income tax, and the charitable contributions deduction. An introductory chapter provides valuable perspective and a concise overview of the nontax considerations affecting choice of legal form for a nonprofit organization. The fifth edition incorporates all important new legislative, judicial and administrative developments, including the impact of the COVID-19 pandemic on the nonprofit sector; recent legislation and final regulations on the new excise taxes on excessive executive compensation and large charitable endowments; the unrelated business tax “silo” rules; proposals for enhanced regulation of donor-advised funds; and the robust policy debate over income inequality, elite philanthropy, and the implications for reform of the charitable deduction. Perfect for instructors seeking more intensive tax-focused coverage, this spin-off edition has been carefully customized for use in 2 or 3-unit J.D. and LL.M courses on taxation of the nonprofit sector. Each chapter contains a rich but manageable mix of materials, including well-edited cases, major rulings, policy excerpts, lively notes and questions, skillfully designed problems that raise policy, technical and planning issues, and bibliographic references.

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  Nonprofit Organizations: Cases and Materials, 6th ed.

  Lloyd Histoshi Mayer, James J. Fishman, and Stephen Schwarz

  The sixth edition of this widely used casebook includes the usual rich mix of materials and is adaptable to a survey course, a policy-oriented seminar, or a more specialized J.D. or LL.M tax class. Every major topic is accompanied by a skillfully developed problem set and lively notes, questions, policy discussion, and bibliographic references. Highlights of the Sixth edition include:

  • Coverage of all important developments since the last edition, including the impact of the COVID-19 pandemic on the nonprofit sector; recent legislation and final regulations on the new excise taxes on excessive executive compensation and large charitable endowments, and the unrelated business tax “silo” rules; major antitrust litigation against the NCAA and related legislative proposals to expand the rights of college athletes; and state law developments.
  • Selective discussion of the American Law Institute’s forthcoming Restatement of the Law of Charitable Nonprofit Organizations.
  • Division of the chapter on charitable tax exemptions into two chapters, separately covering affirmative requirements for tax exemption (Chapter 5) and limitations on exemptions and procedural requirements (Chapter 6).
  • Updated author’s text addressing the robust policy debate over income inequality, “elite philanthropy,” and the implications for reform of the charitable deduction.
  • Surveys of proposed tax legislation, including enhanced regulation of donor-advised funds and private foundations.
  • Pruning of dated materials, more tightly edited cases and notes, and several new problems.

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  International Dispute Resolution, 3rd ed.

  Mary Ellen O'Connell, Anna Spain Bradley, and Amy J. Cohen

  Lawyers increasingly represent clients with global interests that require working across nations and cultures. They may engage in negotiating international contracts, participate in treaty negotiations, or act as mediators in international child custody disputes. It is most common to handle international matters that come before national courts. This fully revised third edition of International Dispute Resolution prepares law students to practice with confidence in handling international disputes. The book introduces students to the range of methods available in contemporary international practice. It is a comprehensive treatment of dispute resolution processes, including negotiation, mediation, inquiry, conciliation, arbitration, and adjudication. The third edition brings two new co-authors to the book. Anna Spain Bradley (UCLA) and Amy Cohen (New South Wales/The Ohio State) have joined Mary Ellen O'Connell (Notre Dame) in collecting cases and materials that offer theoretically-informed approaches to practical issues and invoke materials inclusive of diverse perspectives. New decisions from national courts and the International Court of Justice on international dispute resolution are included. New material on investor-state arbitration and arbitrator ethics are featured, as well as a new treaty on international mediation. The problems that accompany each method are also new. International Dispute Resolution remains the only comprehensive book on this vital and growing area of law practice. The law book market has many titles on arbitration and transnational litigation. This is the only casebook that introduces students to the full array of international dispute resolution methods. Knowledge of and expertise in these areas are an essential part of the modern lawyer's toolkit to prepare them for legal practice in today's world.

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  2021 Supplement to Civil Procedure: Rules, Statutes, and Recent Developments

  Jay Tidmarsh; Thomas D. Rowe, Jr.; and Suzanna Sherry

  The 2021 Statutory and Case Supplement brings the casebook up-to-date, noting new developments in a short introductory section. Because the supplement includes the Federal Rules of Civil Procedure and edited advisory committee notes, as well as the United States Constitution and relevant portions of the United States Code, the Federal Rules of Appellate Procedure, and the Rules of the Supreme Court of the United States, it can be used with any civil procedure casebook.

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  Consumer Law and Economics

  Avishalom Tor and Klaus Mathis

  Editors: Klaus Mathis & Avishalom Tor

  From the Publisher

  This edited volume covers the challenges currently faced by consumer law in Europe and the United States, ranging from fundamental theoretical questions, such as what goals consumer law should pursue, to practical questions raised by disclosure requirements, the General Data Protection Regulation and technology advancements. With governments around the world enacting powerful new regulations concerning consumers, consumer law has become an important topic in the economic analysis of law. Intended to protect consumers, these regulations typically seek to do so by giving them tools to make better decisions, or by limiting the consequences of their bad decisions. Legal scholars are divided, however, regarding the efficacy and effects of these regulations; some call for certain policies to be abolished, while others support a regulatory expansion.

  Nudges are increasingly popular, in large part due to the typically low costs required to implement them. Yet most often the main cost of nudging is due not to their implementation, but rather to the opportunity costs of its successful change of the behavior of its targets. Accounting for these target opportunity costs is essential for the appropriate assessment of the welfare effect of nudges. Nonetheless, the extant literature on behavioral policies largely ignores these costs or underestimates their magnitude and, consequently, overestimate the net benefits of nudges. At times, nudges remain the most attractive policy alternative even after their opportunity costs are accounted for. On other occasions, however, traditional instruments or a no-intervention approach turn out to make more efficient policy alternatives.

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  Law and Economics of Regulation

  Avishalom Tor and Klaus Mathis

  Editors: Klaus Mathis & Avishalom Tor

  From the Publisher

  This book explores current issues regarding the regulation of various economic sectors, theoretically and empirically, discussing both neoclassical and behavioural economics approaches to regulation. Regulation has become one of the main determinants of modern economies, and virtually every sector is subject to general laws and regulations as well as specific rules and standards. A traditional argument to justify regulatory interventions is the promotion of public interests. Fixing markets that lack competition, balancing information asymmetries, internalising externalities, mitigating systemic risks, and protecting consumers from irrational behaviour are frequently invoked to complement the invisible hand of the market with the visible hand of the state. However, regulations can lead to unintended consequences, and serve the interests of powerful private interest groups rather than the public interest and social welfare. In addition, new insights from behavioural economics question the traditional regulatory approaches, most prominently in attitudes towards consumers. Furthermore, digitalisation and technological innovation in general present new challenges in terms of both the type of regulation and the regulatory process. Part I of this book discusses various theoretical approaches to the economic analysis of regulations, while Part II looks at specific applications of the law and economics of regulation.

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  Ames, Chafee, and Re on Remedies: Cases and Materials, 3rd ed.

  Samuel L. Bray

  This casebook explores the law of remedies, and several features distinguish it from other leading casebooks. This book treats equity as a vital part of modern law, and its coverage of restitution is extensive and clearly organized. The book also employs the pedagogically useful technique of illustrating many remedial principles in both a tort context and a contract context. In this edition, there is a more systematic presentation of equity, and there are new chapters on accounting for profits, constructive trust, equitable compensation, statutory damages, and declaratory judgments. The book is named for three of the previous editors: James Barr Ames, Zechariah Chafee, Jr., and Edward D. Re.

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  The Practice of Human Development and Dignity

  Paolo G. Carozza and Clemens Sedmak

  Co-Editor

  Although deeply contested in many ways, the concept of human dignity has emerged as a key idea in fields such as bioethics and human rights. It has been largely absent, however, from literature on development studies. The essays contained in The Practice of Human Development and Dignity fill this gap by showing the implications of human dignity for international development theory, policy, and practice. Pushing against ideas of development that privilege the efficiency of systems that accelerate economic growth at the expense of human persons and their agency, the essays in this volume show how development work that lacks sensitivity to human dignity is blind. Instead, genuine development must advance human flourishing and not merely promote economic betterment. At the same time, the essays in this book also demonstrate that human dignity must be assessed in the context of real human experiences and practices. This volume therefore considers the meaning of human dignity inductively in light of development practice, rather than simply providing a theory or philosophy of human dignity in the abstract. It asks not only “what is dignity” but also “how can dignity be done?”

  Through a unique multidisciplinary dialogue, The Practice of Human Development and Dignity offers a dialectical and systematic examination of human dignity that moves beyond the current impasse in thinking about the theory and practice of human dignity. It will appeal to scholars in the social sciences, philosophy, and legal and development theory, and also to those who work in development around the globe.

  Contributors: Paolo G. Carozza, Clemens Sedmak, Séverine Deneulin, Simona Beretta, Dominic Burbidge, Matt Bloom, Deirdre Guthrie, Robert A. Dowd, Bruce Wydick, Travis J. Lybbert, Paul Perrin, Martin Schlag, Luigino Bruni, Lorenza Violini, Giada Ragone, Steve Reifenberg, Elizabeth Hlabse, Catherine E. Bolten, Ilaria Schnyder von Wartensee, Tania Groppi, Maria Sophia Aguirre, and Martha Cruz-Zuniga

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  Christianity and the Criminal Law

  Richard W. Garnett

  Book Chapter

  Richard W. Garnett, Attempts, Complicity, Virtue & the Limits of Law, in Christianity and the Criminal Law (Mark Hill QC, Norman Doe, RH Helmholz, John Witte, Jr, eds., 2020).

  This collection, by leading legal scholars, judges and practitioners, together with theologians and church historians, presents historical, theological, philosophical and legal perspectives on Christianity and criminal law.

  Following a Preface by Lord Judge, formerly Lord Chief Justice of England and Wales, and an introductory chapter, the book is divided into four thematic sections. Part I addresses the historical contributions of Christianity to criminal law drawing on biblical sources, early church fathers and canonists, as far as the Enlightenment. Part II, titled Christianity and the principles of criminal law, compares crime and sin, examines concepts of mens rea and intention, and considers the virtue of due process within criminal justice. Part III looks at Christianity and criminal offences, considering their Christian origins and continuing relevance for several basic crimes that every legal system prohibits. Finally, in Part IV, the authors consider Christianity and the enforcement of criminal law, looking at defenses, punishment and forgiveness.

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  Fiduciaries and Trust

  Paul B. Miller and Matthew Harding

  Book Chapter

  Paul B. Miller, Political (Dis)Trust and Fiduciary Government, in Fiduciaries and Trust 223 (Paul B. Miller & Matthew Harding eds., 2020)

  This book explores the interactions of fiduciary law and trust, drawing on insights into personal and political trust from various disciplines. It explores the full scope of extension claimed for the fiduciary principle, from its heartland in private law, to its frontiers in public law and government more broadly.

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  What It Means to Be Human

  O. Carter Snead

  A leading expert on public bioethics advocates for a new conception of human identity in American law and policy.
  
  The natural limits of the human body make us vulnerable and therefore dependent, throughout our lives, on others. Yet American law and policy disregard these stubborn facts, with statutes and judicial decisions that presume people to be autonomous, defined by their capacity to choose. As legal scholar O. Carter Snead points out, this individualistic ideology captures important truths about human freedom, but it also means that we have no obligations to each other unless we actively, voluntarily embrace them. Under such circumstances, the neediest must rely on charitable care. When it is not forthcoming, law and policy cannot adequately respond.
  
  What It Means to Be Human makes the case for a new paradigm, one that better represents the gifts and challenges of being human. Inspired by the insights of Alasdair MacIntyre and Charles Taylor, Snead proposes a vision of human identity and flourishing that supports those who are profoundly vulnerable and dependent―children, the disabled, and the elderly. To show how such a vision would affect law and policy, he addresses three complex issues in bioethics: abortion, assisted reproductive technology, and end-of-life decisions. Avoiding typical dichotomies of conservative-versus-liberal and secular-versus-religious, Snead recasts debates over these issues and situates them within his framework of embodiment and dependence. He concludes that, if the law is built on premises that reflect the fully lived reality of life, it will provide support for the vulnerable, including the unborn, mothers, families, and those nearing the end of their lives. In this way, he argues, policy can ensure that people have the care they need in order to thrive.
  
  In this provocative and consequential book, Snead rethinks how the law represents human experiences so that it might govern more wisely, justly, and humanely.

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  Catholic Social Teaching: A Volume of Scholarly Essays

  Gerard V. Bradley

  Gerard V. Bradley and E. Christian Brugger eds.Catholic social teaching (CST) refers to the corpus of authoritative ecclesiastical teaching, usually in the form of papal encyclicals, on social matters, beginning with Pope Leo XIII's Rerum Novarum (1891) and running through Pope Francis. CST is not a social science and its texts are not pragmatic primers for social activists. It is a normative exercise of Church teaching, a kind of comprehensive applied - although far from systematic - social moral theology. This volume is a scholarly engagement with this 130-year-old documentary tradition. Its twenty-three essays aim to provide a constructive, historically sophisticated, critical exegesis of all the major (and some of the minor) documents of CST. The volume's appeal is not limited to Catholics, or even just to those who embrace, or who are seriously interested in, Christianity. Its appeal is to any scholar interested in the history or content of modern CST.

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  Unquiet Americans: U.S. Catholics, Moral Truth, and the Preservation of Civil Liberties

  Gerard V. Bradley

  Before the Second Vatican Council, America’s Catholics operated largely as a coherent voting bloc, usually in connection with the Democratic Party. Their episcopal leaders generally spoke for Catholics in political matters; at least, where America’s bishops asserted themselves in public affairs there was little audible dissent from the faithful.

  More than occasionally, the immigrant Church’s eagerness to demonstrate its patriotic bona fides furthered its tendency to speak with one voice about national matters, and in line with the broader societal consensus. And, notwithstanding the considerable conflict which Catholics encountered, and generated, in American political life, there was before the Council broad agreement in American culture about the centrality of Biblical morality to the success of Americans’ experiment with republican government.

  In other words: before the Council, American Catholics’ relationship to the political common good was mediated, somewhat uncritical, and insulated from conflict (both within and without the Church) over such fundamental matters as protection of innocent life, marriage and family life, and (to a lesser extent) religious liberty.

  This has all changed since the mid-1960s. For the first time in the Church’s pilgrimage on these shores, controversial questions about the basic moral requirements of the political common good are front and center for America’s Catholics. These questions require Catholics to confront matters which heretofore they either took for granted, read off from the background culture, or which they left to the bishops to handle. But the Council Fathers rightly recognized that Jesus calls upon a formed and informed laity to act as leaven in the public realm, to bring Gospel values to the temporal sphere. In this book of essays touching upon Catholic social doctrine, the truth about human equality and political liberty, and religious faith as it bears upon public life and the public engagement of lay Catholics, Gerard Bradley supplies indispensable aid to those seeking to answer Jesus’ call.

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  International Survey of Family Law, 2019 ed.

  Margaret Brinig

  Margaret Brinig, editor The International Society of Family Law is an independent, international, and non-political scholarly association dedicated to the study, research and discussion of family law and related disciplines. The Society’s membership currently includes professors, lecturers, scholars, teachers, and researchers from more than 50 different countries, offering a unique opportunity for networking within a truly international family law community.

  The International Survey of Family Law is the annual review of the International Society of Family Law. It brings together reliable and clearly structured insights into the latest and most notable developments in family law from all around the globe.

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  The Oxford Handbook of Fiduciary Law

  Evan J. Criddle, Paul B. Miller, and Robert H. Sitkoff

  Book Chapters by Notre Dame Law School Faculty

  Paul B. Miller et al., Introduction, in The Oxford Handbook of Fiduciary Law xviii (Evan J. Criddle, Paul B. Miller & Robert H. Sitkoff eds., 2019).

  Daniel B. Kelly, Fiduciary Principles in Fact-Based Fiduciary Relationships, in The Oxford Handbook of Fiduciary Law 2 (Evan J. Criddle, Paul B. Miller & Robert H. Sitkoff eds., 2019).

  Julian Velasco, Fiduciary Principles in Corporate Law, in The Oxford Handbook of Fiduciary Law 61 (Evan J. Criddle, Paul B. Miller & Robert H. Sitkoff eds., 2019).

  Lloyd Hitoshi Mayer, Fiduciary Principles in Charities and Other Nonprofits, in The Oxford Handbook of Fiduciary Law 102 (Evan J. Criddle, Paul B. Miller & Robert H. Sitkoff eds., 2019).

  Paul B. Miller, The Identification of Fiduciary Relationships, in The Oxford Handbook of Fiduciary Law 366 (Evan J. Criddle, Paul B. Miller & Robert H. Sitkoff eds., 2019).

  Samuel L. Bray, Fiduciary Remedies, in The Oxford Handbook of Fiduciary Law 449 (Evan J. Criddle, Paul B. Miller & Robert H. Sitkoff eds., 2019).

  Paul B. Miller, New Frontiers in Private Fiduciary Law, in The Oxford Handbook of Fiduciary Law 891 (Evan J. Criddle, Paul B. Miller & Robert H. Sitkoff eds., 2019).

  The Oxford Handbook of Fiduciary Law provides a comprehensive overview of critical topics in fiduciary law and theory through chapters authored by leading scholars. Chapters in the Handbook explore the defining features of fiduciary relationships, clarify the distinctive fiduciary duties that arise in these relationships, and identify the remedies available for breach of fiduciary duties. The volume lays the groundwork for future research on fiduciary law and theory by highlighting cross-cutting themes, identifying persistent theoretical and practical challenges, and exploring how the field could be enriched through empirical analysis and interdisciplinary insights from economics, philosophy, and psychology.

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  Constitutions in Times of Financial Crisis

  Barry Cushman

  Book Chapter

  Barry Cushman, The Place of Economic Crisis in American Constitutional Law: The Great Depression as a Case Study, in Constitutions in Times of Financial Crisis 95 ( Tom Ginsburg, Mark D. Rosen, Georg Vanberg, eds. 2019).

  The American constitutional law of political economy underwent significant transformations in the years between the Wall Street Crash of 1929 and the Allied victory in World War II. Both state and federal power to regulate economic activity were enhanced substantially. The reasons for these developments have been explored at length in a voluminous literature. This chapter considers the role that conditions of economic crisis might have played in cases involving judicial review of economic regulation.

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  The Foreclosure Echo: How the Hardest Hit Have Been Left Out of the Economic Recovery

  Judith Fox and Linda E. Fisher

  The Foreclosure Echo tells the story of the ordinary people whose quest for the American dream was crushed in the foreclosure crisis when they were threatened with losing their homes. The authors, Linda E. Fisher and Judith Fox - each with decades of experience defending low-to-moderate-income people from foreclosure and predatory lending practices - have employed a range of legal, economic, and social-science research to document these stories, showing not only how people experienced the crisis, but also how lenders and public institutions failed to protect them. The book also describes the ongoing effects of the crisis - including vacant land and abandoned buildings - and how these conditions have exacerbated the economic plight of millions of people who lost their homes and have increased inequality across the country. This book should be read by anyone who wants to understand the fallout of the last financial crisis and learn what we can do now to avoid another one.

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  Religious Freedom and the Law: Emerging Contexts for Freedom for and Freedom From Religion

  Richard W. Garnett

  Book Chapter

  Richard W. Garnett, Freedom 'for' Religion: (Yet) Another View of the Cathedral, in Religious Freedom and the Law: Emerging Contexts for Freedom for and Freedom From Religion 15 (Brett G. Scharffs, Asher Maoz, & Ashley Isaacson Woolley eds., 2019)

  This volume presents a timely analysis of some of the current controversies relating to freedom for religion and freedom from religion that have dominated headlines worldwide. The collection trains the lens closely on select issues and contexts to provide detailed snapshots of the ways in which freedom for and from religion are conceptualized, protected, neglected, and negotiated in diverse situations and locations. A broad range of issues including migration, education, the public space, prisons and healthcare are discussed drawing examples from Europe, the US, Asia, Africa and South America. Including contributions from leading experts in the field, the book will be essential reading for researchers and policy-makers interested in Law and Religion.

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  Routledge Handbook of the Study of the Commons

  Bruce R. Huber

  Book Chapter

  Bruce Huber, The U.S. Public Lands as Commons, in Routledge Handbook of the Study of the Commons 135 (Blake Hudson, Jonathan Rosenbloom & Dan Cole eds., 2019)

  This comprehensive Handbook serves as a unique synthesis and resource for understanding how analytical frameworks developed within the literature assist in understanding the nature and management of commons resources. Such frameworks include those related to Institutional Analysis and Development, Social-Ecological Systems, and Polycentricity, among others. The book aggregates and analyses these frameworks to lay a foundation for exploring how they apply according to scholars across a wide range of disciplines. It includes an exploration of the unique problems arising in different disciplines of commons study, including natural resources (forests, oceans, water, energy, ecosystems, etc), economics, law, governance, the humanities, and intellectual property. It shows how the analytical frameworks discussed early in the book facilitate interdisciplinarity within commons scholarship. This interdisciplinary approach within the context of analytical frameworks helps facilitate a more complete understanding of the similarities and differences faced by commons resource users and managers, the usefulness of the commons lens as an analytical tool for studying resource management problems, and the best mechanisms by which to formulate policies aimed at addressing such problems.

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  Problem Properties: A Guide to Legal Strategies and Remedies

  James J. Kelly Jr.

  Book Chapter

  James J. Kelly Jr., Controlling, Acquiring, and Disposing of Vacant Properties, in Problem Properties: A Guide to Legal Strategies and Remedies 199 (Alan Mallach, Jessica Bacher, & Meg Byerly Williams, eds., 2019).

  No survey of urban neighborhood vacant property solutions can be complete without consideration of the approaches that involve wresting control of derelict properties away from their delinquent owners. Some of these methods can abate nuisances and return properties to productive use without permanently displacing the owners, but, frequently, no long-term resolution can be reached without the local government taking ownership and transferring title to persons ready, willing, and able to rehabilitate the property. Part II of this chapter will examine the structural and legal challenges that municipalities with many vacant properties face in disposing of vacant houses and lots that they have acquired from their delinquent former owners. It will show how land banking reforms have mitigated the problems presented by conventional approaches to the sale of publicly owned real property. Part I of the chapter will look at the various ways municipalities first take control of vacant properties that cannot be remedied through traditional code enforcement means. It begins with an overview of three situations where seizing control is the only effective way of abating the nuisance and reclaiming the property.
  
  Three types of vacant property situations present such intractable resistance to conventional code enforcement responses as to require more aggressive action by local authorities. First, some vacant properties could be rehabbed and returned to productive use but for the fact that their owners are unwilling and/or unable to execute the needed repairs. Second, some vacant properties are so burdened by competing ownership claims, mortgages, and/or other liens as to make further secured investment in them impossible. Third, many vacant houses are located in communities where the prices for habitable houses are not sufficiently high to justify the investment of capital needed to restore the derelict ones. In situations of the first type, in particular, short-term interventions focused on completion of essential repairs would, at first glance, appear to be sufficient. But, as the various solutions are explored, the need to transfer title to the property to a new owner will become more apparent. This chapter will focus on the legal mechanics of, and limits on, the various processes by which local authorities can gain control over nuisance vacant properties.

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  The Art of Law in the International Community

  Mary Ellen O'Connell

  International law evolved to end and prevent armed conflict as much as for any other reason. Yet, the law against war appears weaker today than ever in its long history, evidenced by raging armed conflicts in which people are killed, injured, and forcibly displaced. The environment is devastated, and the planet impoverished. These consequences can be traced to the dominant ideology of realism. In 1946, Hersch Lauterpacht challenged that ideology by contrasting it with the idea of international law, composed of natural law, positive law, and process theory. The Art of Law in the International Community revives his vision, rebuilding the understanding of why international law binds, what its norms require, and how courts are the ideal substitutes for war. The secret to the renewal of international law lies in revitalizing the moral foundation of natural law through drawing on aesthetic philosophy and the arts.

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  Self-Defence Against Non-State Actors

  Mary Ellen O'Connell, Christian J. Tams, and Dire Tladi

  In this book, self-defence against non-state actors is examined by three scholars whose geographical, professional, theoretical, and methodological backgrounds and outlooks differ greatly. Their trialogue is framed by an introduction and a conclusion by the series editors. The novel scholarly format accommodates the pluralism and value changes of the current era, a shifting world order and the rise in nationalism and populism. It brings to light the cultural, professional and political pluralism which characterises international legal scholarship and exploits this pluralism as a heuristic device. This multiperspectivism exposes how political factors and intellectual styles influence the scholarly approaches and legal answers and the trialogical structure encourages its participants to decentre their perspectives. By explicitly focussing on the authors' divergence and disagreement, a richer understanding of self-defence against non-state actors is achieved, and the legal challenges and possible ways ahead identified.