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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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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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Vacant and 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.
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/="/">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. -
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.
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2019 Supplement to Civil Procedure: Rules, Statutes, and Recent Developments, 4th ed.
Jay Tidmarsh, Suzanne Sherry, and Thomas D. Rowe Jr.
From the Publisher
The 2019 Statutory and Case Supplement brings the casebook up to date, noting new developments in a brief introductory section. Because the supplement also includes edited versions of the most important new cases, as well as the Federal Rules of Civil Procedure, the Constitution, and relevant statutes, it can be used with any civil procedure casebook.
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New Developments in Competition Law and Economics
Avishalom Tor and Klaus Mathis
Editors: Klaus Mathis & Avishalom Tor
From the Publisher
his book further develops both the traditional and the behavioural approach to competition law, and applies these approaches to a variety of timely issues. It discusses several fundamental questions regarding competition law and economics, and explores the applications of competition law and economics. In turn, the book analyses the interplay of intellectual property rights and patents in various aspects of competition law, and investigates the impacts that developments in information technology, such as big data analytics, have on competition law.
The book also discusses the impact of energy law reforms on energy markets from a competition law perspective. Competition law is a classic field of economic analysis. This is largely due to the fact that competition law uses terms such as market, price, and competition and must therefore rely on economic know-how and analyses. In the United States, economic analysis has greatly influenced not just the scholarship on antitrust law, but also judicial decisions and agency enforcement. Antitrust law and economics are based on the traditional paradigm of neoclassical economics, which relies on the assumption that the market players, i.e. consumers and producers, are rational. This approach to competition law was later received in Europe under the banner of a “more economic approach”.
For the past two decades, behavioural law and economics, which seeks to generate better insights into legal phenomena by providing more realistic psychological foundations for economic models, and to offer a multitude of applications in legislation and legal adjudication, has challenged the traditional economic approach to law in general and, more recently, to competition law specifically.
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The Attorney's Guide to the Seventh Circuit Court of Appeals, 6th ed.
Stephen E. Arthur and Kenneth F. Ripple
Co-editors: Honorable Kenneth F. Ripple and Laura A. Kaster
Summary of Contents:
- Organization of the Court
- Jurisdiction
- Expedited Appeals, Emergency Appeals, and Temporary Relief Pending Appeal
- Preparing and Filing the Appeal
- Record on Appeal
- Direct Criminal Appeals
- Habeas Corpus: Conflicts Between State and Federal Courts
- In Forma Pauperis Appeals; Appointed Counsel
- Judicial Review of Administrative Decisions
- Motion Practice
- Standards of Review
- The Brief
- Scheduling Oral Argument; Submission Without Oral Argument
- Presenting Oral Argument
- Proceedings After the Argument
- Damages, Double Costs, and Fees
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Cyberlaw: Problems of Policy and Jurisprudence in the Information Age. 5th ed.
Patricia L. Bellia, Paul Schiff Berman, Brett M. Frischmann, and David G. Post
From the Publisher
This law school casebook starts from the premise that cyberlaw is not simply a set of legal rules governing online interaction, but a lens through which to re-examine general problems of policy, jurisprudence, and culture. The book goes beyond simply plugging Internet-related cases into a series of doctrinal categories, instead emphasizing conceptual issues that extend across the spectrum of cyberspace legal dilemmas. While the book addresses all of the “traditional” subject matter areas of cyberlaw, it asks readers to consider both how traditional legal doctrines can be applied to cyberspace conduct, and how the special problems encountered in that application can teach us something about those traditional legal doctrines.
The fifth edition has been updated, shortened, and reconceptualized to make the book even more effective as a teaching tool and to illuminate new debates at the heart of this evolving field. The book groups the material into units addressing the who, how, and what of governance/regulation—fundamental questions that pertain to any legal system, in cyberspace or elsewhere. The fifth edition also includes updated treatment throughout, as well as a more stream-lined approach that should make an already effective casebook even more unified and teachable. -
International Survey of Family Law, 2018 ed.
Margaret Brinig
Margaret Brinig, editor 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. Chapters are prepared by an international team of selected experts in the field, usually covering 20 or more jurisdictions in each edition.
The 2018 edition addresses highly topical matters ranging from assisted reproductive technology and sterilisation to end-of-life issues and estate settlement. The authors explore legislative changes, common law developments and challenges of integrating customary law or multiple religious legal systems into pluralistic societies. It brings together established and highly regarded academics and judges, as well as emerging scholars.
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The Palgrave Handbook of Criminal and Terrorism Financing Law
Jimmy Gurule and Sabina Danek
Jimmy Gurulé, Clive Walker, & Colin King authored chapter 1 Criminal and Terroriwm Financing Law: An Introduction, beginning on page 3.
Jimmy Gurulé & Sabina Danek authored chapter 41 The Failure to Prosecute ISIS’s Foreign Financiers Under the Material Support Statute beginning on page 995.
The Palgrave Handbook of Criminal and Terrorism Financing Law focuses on how criminal and terrorist assets pose significant and unrelenting threats to the integrity, security, and stability of contemporary societies. In response to the funds generated by or for organised crime and transnational terrorism, strategies have been elaborated at national, regional, and international levels for laws, organisations and procedures, and economic systems. Reflecting on these strands, this handbook brings together leading experts from different jurisdictions across Europe, America, Asia, and Africa and from different disciplines, including law, criminology, political science, international studies, and business. The authors examine the institutional and legal responses, set within the context of both policy and practice, with a view to critiquing these actions on the grounds of effective delivery and compliance with legality and rights. In addition, the book draws upon the experiences of the many senior practitioners and policy-makers who participated in the research project which was funded by a major Arts and Humanities Research Council grant. This comprehensive collection is a must-read for academics and practitioners alike with an interest in money laundering, terrorism financing, security, and international relations.
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What Justices Want: Goals and Personality on the U.S. Supreme Court
Matthew E.K. Hall
The most sophisticated theories of judicial behavior depict judges as rational actors who strategically pursue multiple goals when making decisions. However, these accounts tend to disregard the possibility that judges have heterogeneous goal preferences - that is, that different judges want different things. Integrating insights from personality psychology and economics, this book proposes a new theory of judicial behavior in which judges strategically pursue multiple goals, but their personality traits determine the relative importance of those goals. This theory is tested by analyzing the behavior of justices who served on the US Supreme Court between 1946 and 2015. Using recent advances in text-based personality measurement, Hall evaluates the influence of the 'big five' personality traits on the justices' behavior during each stage of the Court's decision-making process. What Justices Want shows that personality traits directly affect the justices' choices and moderate the influence of goal-related situational factors on justices' behavior.
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Drafting Organizational Documents
James J. Kelly Jr.
Drafting Organizational Documents teaches clinical law students the indispensable skill of legal drafting by introducing them to the nonprofit and for-profit corporate documents they are most likely to create before graduating. Also appropriate for simulation and other skills courses, this book takes students through the process of identifying key issues, formulating provision options and crafting legal language. With chapters on the foundational documents for nonprofit corporation, limited liability companies, Delaware corporations and benefit corporations, this book enables students to draft documents from scratch in order to critically analyze and adapt forms.
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American Constitutional Law: Governmental Powers and Democracy
Donald P. Kommers, John Finn, Gary Jacobsohn, George Thomas, and Justin Buckley Dyer
American Constitutional Law, Volume 1: Government Powers and Democracy is a unique casebook that encourages citizens and students of the Constitution to think critically about the fundamental principles and policies of the American constitutional order. In addition to its distinguished authorship, the book has two prominent features that set it apart from other books in the field: an emphasis on the social, political, and moral theory that provides meaning to constitutional law and interpretation, and a comparative perspective that situates the American experience within a world context that serves as in invaluable prism through which to illuminate the special features of our own constitutional order. While the focus of the book is entirely on American constitutional law, the book asks students to consider what, if anything, is unique in American constitutional life and what we share with other constitutional democracies. Each chapter is preceded by an introductory essay that highlights these major themes and also situates the cases in their proper historical and political contexts. This new edition offers updated and expanded treatment of a number of important and timely topics that have been addressed by the Supreme Court in recent years.
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The Cambridge Handbook of Social Enterprise Law
Lloyd Histoshi Mayer
Book Chapters
Lloyd Hitoshi Mayer, Creating a Tax Space for Social Enterprise, in The Cambridge Handbook of Social Enterprise Law 157 (Benjamin Means & Joseph W. Yockey eds., 2018)
While still relatively few in number compared to traditional nonprofit and for-profit organizations, the rise of social enterprises represents a possible disruption of not only existing models of doing business but also areas of law that in many respects have seen little fundamental change for decades. One such area is domestic tax law, where social enterprises currently find themselves subject to the rules of for-profit activities and entities. Here, both scholars and policymakers are beginning to ask whether it is either necessary or desirable to modify existing tax provisions to better accommodate social enterprise: that is, whether to create a distinct tax space for social enterprise.
/="/"> This chapter considers some of the initial answers to this question and places them within a larger, tax theory framework in order to advance consideration of this emerging issue.Paul B. Miller & Andrew S. Gold, Fiduciary Duties in Social Enterprise, in The Cambridge Handbook of Social Enterprise Law 321 (Benjamin Means & Joseph W. Yockey eds., 2018).
This chapter examines theoretical and practical issues relating to fiduciary administration in social enterprise. It argues that social enterprise often calls for fiduciary administration on a hybrid model, combining elements of service-type administration and governance-type administration. Like standard service-type situations, social enterprise calls for administration in the interests of a defined constituency (ordinarily, shareholders). However, hybridity is introduced through the commitment to general public-oriented purposes that distinguish social enterprise from conventional business organizations. We will show that, contrary to common opinion, the fiduciary hybridity found in social enterprise is neither unique nor unworkable. We will briefly discuss other examples of hybrid fiduciary relationships and institutions, and we will explain the value of hybridity and how problems attributed to it are, or may be, resolved.
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Fiduciary Government
Paul B. Miller
Book Chapters
Paul B. Miller et al., Introduction - Fiduciary Government: Provenance, Promise, and Pitfalls, in Fiduciary Government 1 (Evan J. Criddle, Evan Fox-Decent, Andrew S. Gold, Sung Kim, & Paul B. Miller eds., 2018)
Paul B. Miller, Fiduciary Representation, in Fiduciary Government 21 (Evan J. Criddle, Evan Fox-Decent, Andrew S. Gold, Sung, Kim, & Paul B. Miller eds, 2018)
The idea that the state is a fiduciary to its citizens has a long pedigree - ultimately reaching back to the ancient Greeks, and including Hobbes and Locke among its proponents. Public fiduciary theory is now experiencing a resurgence, with applications that range from international law, to insider trading by members of Congress, to election law and gerrymandering. This book is the first of its kind: a collection of chapters by leading writers on public fiduciary subject areas. The authors develop new accounts of how fiduciary principles apply to representation; to officials and judges; to problems of legitimacy and political obligation; to positive rights; to the state itself; and to the history of ideas. The resulting volume should be of great interest to political theorists and public law scholars, to private fiduciary law scholars, and to students seeking an introduction to this new and increasingly relevant area of study.
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2018 Supplement to Civil Procedure: Rules, Statutes, and Recent Developments, 4th ed.
Jay Tidmarsh, Suzanne Sherry, and Thomas D. Rowe Jr.
From the Publisher
The 2018 Statutory and Case Supplement brings the casebook up to date, noting new developments in a brief introductory section. Because the supplement also includes edited versions of the most important new cases, as well as the Federal Rules of Civil Procedure, the Constitution, and relevant statutes, it can be used with any civil procedure casebook.
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Complex Litigation and Its Alternatives
Jay Tidmarsh and Roger H. Trangsrud
This text is a comprehensive treatise examining the challenges presented by complex litigation. Subjects covered include devices for aggregating large numbers of claims (including extended discussions of multidistrict litigation and class actions), techniques to narrow issues and efficiently gather evidence during pretrial, methods to conduct trials in mass disputes, and ways to provide remedies for widespread harm. Although the focus is on litigation, the book also explores the increasing use of alternative methods to resolve mass disputes. The book is theoretically sophisticated enough for use in academic research or legal practice, but written in a manner to be accessible to students. The book is designed to be compatible with all existing casebooks on complex litigation, but it can also serve as a stand-alone text for the classroom. Occasional problems and questions guide student understanding
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Research Handbook on Fiduciary Law
Julian Velasco and Paul B. Miller
Book Chapters
Julian Velasco, Delimiting Fiduciary Status, in Research Handbook on Fiduciary Law 76 (D. Gordon Smith & Andrew Gold eds., 2018).
Paul B. Miller, Dimensions of Fiduciary Loyalty, in Research Handbook on Fiduciary Law 180 (D. Gordon Smith & Andrew Gold eds., 2018).
A familiar problem to scholars of fiduciary law is that of definition. Fiduciary law has been called “messy,” “elusive,” and “unusually vexing.” In part, this is because fiduciary law principles appear in many areas of law, but are applied differently in each. This has made the development of a unified theory difficult. Some scholars have doubted whether it is even possible; others have insisted that it is not possible. Nevertheless, scholars continue to try to bring order to the perceived chaos. My goal in this short paper will be to sketch out the contours of a reasonably coherent theory that covers enough phenomena to have a plausible claim to descriptive accuracy while also providing objective criteria for the exclusion of marginal cases. While a simple definition would be nice, some complexity may be necessary in order to achieve this goal.
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Federalism, 2d ed.
Anthony J. Bellia
This exciting book by Anthony J. Bellia is a unique collection of legal and scholarly materials intended for use in a range of courses, including Constitutional Law, Federalism, Federalism History, Federalism Theory, and Comparative Federalism. The first book of its kind, Federalism spans traditional subject areas, which allows a deeper and richer treatment of the subject.
Features:
- Considers federalism questions across subject areas
- Transcends lines drawn by courses such as Constitutional Law, Federal Courts, and Civil Procedure
- Enables fuller and richer treatment of the subject of federalism
- Includes primary historical and theoretical sources relating to legal development and enduring questions
- Increases understanding of constitutional doctrine and fosters interdisciplinary learning
- Presents foundational materials useful for a range of courses on federalism
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The Law of Nations and the United States Constitution
Anthony J. Bellia and Bradford R. Clark
The Law of Nations and the United States Constitution offers a new lens through which anyone interested in constitutional governance in the United States should analyze the role and status of customary international law in U.S. courts. The book explains that the law of nations has not interacted with the Constitution in any single overarching way. Rather, the Constitution was designed to interact in distinct ways with each of the three traditional branches of the law of nations that existed when it was adopted--namely, the law merchant, the law of state-state relations, and the law maritime. By disaggregating how different parts of the Constitution interacted with different kinds of international law, the book provides an account of historical understandings and judicial precedent that will help judges and scholars more readily identify and resolve the constitutional questions presented by judicial use of customary international law today. Part I describes the three traditional branches of the law of nations and examines their relationship with the Constitution. Part II describes the emergence of modern customary international law in the twentieth century, considers how it differs from the traditional branches of the law of nations, and explains why its role or status in U.S. courts requires an independent, context-specific analysis of its interaction with the Constitution. Part III assesses how both modern and traditional customary international law should be understood to interact with the Constitution today.
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Baseball Meets the Law: A Chronology of Decisions, Statutes and Other Legal Events
Edmund P. Edmonds and Frank G. Houdek
Baseball and law have intersected since the primordial days. In 1791, a Pittsfield, Massachusetts, ordinance prohibited ball playing near the town's meeting house. Ball games on Sundays were barred by a Pennsylvania statute in 1794.
In 2015, a federal court held that baseball's exemption from antitrust laws applied to franchise relocations. Another court overturned the conviction of Barry Bonds for obstruction of justice. A third denied a request by rooftop entrepreneurs to enjoin the construction of a massive video screen at Wrigley Field.
This exhaustive chronology traces the effects the law has had on the national pastime, both pro and con, on and off the field, from the use of copyright to protect not only equipment but also "Take Me Out to the Ball Game" to frequent litigation between players and owners over contracts and the reserve clause. The stories of lawyers like Kenesaw Mountain Landis and Branch Rickey are entertainingly instructive.
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National Security Law and the Constitution
Jimmy Gurule, Geoffrey S. Corn, and Jeffrey Kahn
This new casebook provides a comprehensive examination and analysis of the inherent tension between the Constitution and select national security policies, and explores the multiple dimensions of that conflict. Specifically, this first edition explores key points where constitutional law directs or restricts the development of national security policy, its implementation, and oversight. 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 course, as well as for use in advanced international relations and national security policy courses.
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Environmental Law and Economics
Bruce R. Huber and Klaus Mathis
Bruce R. Huber also wrote the chapter, Temporal Spillovers, in Environmental Law and Economics 43 (Klaus Mathis and Bruce R. Huber eds., 2017).
This anthology discusses important issues surrounding environmental law and economics and provides an in-depth analysis of its use in legislation, regulation and legal adjudication from a neoclassical and behavioural law and economics perspective.
Environmental issues raise a vast range of legal questions: to what extent is it justifiable to rely on markets and continued technological innovation, especially as it relates to present exploitation of scarce resources? Or is it necessary for the state to intervene? Regulatory instruments are available to create and maintain a more sustainable society: command and control regulations, restraints, Pigovian taxes, emission certificates, nudging policies, etc. If regulation in a certain legal field is necessary, which policies and methods will most effectively spur sustainable consumption and production in order to protect the environment while mitigating any potential negative impact on economic development? Since the related problems are often caused by scarcity of resources, economic analysis of law can offer remarkable insights for their resolution.
Part I underlines the foundations of environmental law and economics. Part II analyses the effectiveness of economic instruments and regulations in environmental law. Part III is dedicated to the problems of climate change. Finally, Part IV focuses on tort and criminal law. The twenty-one chapters in this volume deliver insights into the multifaceted debate surrounding the use of economic instruments in environmental regulation in Europe.
The chapter written by Prof Huber, Temporal Spillovers, discusses the fact that for decades, the discipline of law and economics in the U.S. has offered a broader perspective to the analysis of legislation and jurisdiction compared to the European countries. While this is due to [a] number of reasons, this article emphasizes the importance of the different legal cultures, offering analyses of the British, French, German, and European legal framework. Although these differences seem to be rooted in structural differences and thus may persist for some time, there are areas of overlapping interests and similar approaches of applying methods of law and economics. The article focuses on these tendencies and offers a deeper analysis in the area of environmental protection
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Settled Versus Right: A Theory of Precedent
Randy J. Kozel
In this timely book, Randy J. Kozel develops a theory of precedent designed to enhance the stability and impersonality of constitutional law. Kozel contends that the prevailing approach to precedent in American law is undermined by principled disagreements among judges over the proper means and ends of constitutional interpretation. The structure and composition of the doctrine all but guarantee that conclusions about the durability of precedent will track individual views about whether decisions are right or wrong, and whether mistakes are harmful or benign. This is a serious challenge, but it also reveals a path toward maintaining legal continuity even as judges come and go. Kozel's account of precedent should be read by anyone interested in the nature of the judicial role and the trajectory of constitutional law.
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