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Oxford Handbook of Law, Regulation, and Technology

O. Carter Snead and Stephanie Maloney

Book Chapter

O. Carter Snead & Stephanie A. Maloney, Technology and the American Constitution in Oxford Handbook of Law, Regulation, and Technology 296 (Eloise Scotford, Karen Yeung & Roger Brownsend eds., 2017)

This chapter examines how the structural provisions of the American Constitution and the federalist system of government they create uniquely shape the landscape of regulation for technology in the United States. The chapter’s inquiry focuses on the biomedical technologies associated with assisted reproduction and embryo research. These areas present vexing normative questions about the introduction and deployment of these technologies, showing the mechanisms, dynamics, virtues, and limits of the federalist system of government for the regulation of technology. In particular, the differing jurisdictional scope of federal and state regulation results in overlap and interplay between the two regulatory systems. The consequence of this dynamic is often a wide divergence in judgments about law and public policy. The chapter’s review of the constitutionally fragmented regime currently regulating different biotechnologies questions whether such a decentralized approach is well suited to technologies that involve essential moral and ethical judgments about the human person.
2017 Supplement to Civil Procedure: Rules, Statutes, and Recent Developments. 4th ed.

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

The 2017 Statutory and Case Supplement brings the casebook up-to-date, noting new developments in a short 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.
Accounting for Lawyers, Concise 5th ed.

Matthew J. Barrett and David R. Herwitz

The concise version of the most widely adopted text in the field continues to respond to a demand for a briefer, less detailed casebook that introduces novices to how accounting issues frequently arise in the practice of law. Designed specifically for one- and two-credit hour courses for law students with no accounting background, the text of the Concise fifth edition is more than forty percent shorter than the fifth edition, so students will find this text less expensive and easier to master. The Concise fifth edition offers a broad overview of the field, which its earliest predecessor, the first casebook on accounting law for students, pioneered almost 70 years ago.
The Law of Electronic Surveillance

Patricia L. Bellia, James G. Carr, and Evan A. Creutz

The Law of Electronic Surveillance provides objective analysis of issues related to the government's gathering of evidence through electronic devices. Providing more than 2,500 case citations, it covers major developments and important cases. Key topics include:
- Challenging court-ordered wiretaps
- Electronic search warrants
- Foreign intelligence surveillance
- Suppression of evidence obtained
- Voice exemplars and other identification evidence
- Electronic surveillance of a defendant's attorney
- Legal uses that may be made of evidence obtained from electronic surveillance
- Confronting and challenging electronic surveillance
- Executing an electronic search
- Criminal penalties and civil remedies for illegal electronic surveillance
- Electronic surveillance types and legal developments prior to 1968
- Title III
The Constitution of the United States, 3d ed.

Samuel L. Bray, Michael S. Paulsen, Steven G. Calabresi, Michael W. McConnell, and William Baude

This casebook emphasizes the text, structure, and history of the Constitution. It uses "great cases" for learning the major issues in constitutional law, and it gives less attention to small ripples of contemporary doctrine. It emphasizes the task of interpretation, including many examples of the interpretation of the Constitution by the political branches. And it includes features of our constitutional history that are neglected in many casebooks, such as slavery, the amendment process, and the early history of the freedom of speech. The third edition has many refinements. It also has more coverage of executive discretion, the taxing and spending powers, the Necessary and Proper Clause, incorporation, and the drafting of the Fourteenth Amendment. It is now suitable not only for a survey course, but also for a course focused on federalism, on the First Amendment, or on the Fourteenth Amendment.
Italian Constitutional Justice in Global Context

Paolo G. Carozza, Vittoria Barsotti, Marta Cartabia, and Andrea Simoncini

Italian Constitutional Justice in Global Context is the first book ever published in English to provide an international examination of the Italian Constitutional Court (ItCC), offering a comprehensive analysis of its principal lines of jurisprudence, historical origins, organization, procedures, and its current engagement with transnational European law. The ItCC represents one of the strongest and most successful examples of constitutional judicial review, and is distinctive in its structure, institutional dimensions, and well-developed jurisprudence. Moreover, the ItCC has developed a distinctive voice among global constitutional actors in its adjudication of a broad range of topics from fundamental rights and liberties to the allocations of governmental power and regionalism. Nevertheless, in global constitutional dialog, the voice of the ItCC has been almost entirely absent due to a relative lack of both English translations of its decisions and of focused scholarly commentary in English.

This book describes the "Italian Style" in global constitutional adjudication, and aims to elevate Italian constitutional jurisprudence to an active participant role in global constitutional discourse. The authors have carefully structured the work to allow the ItCC's own voice to emerge. It presents broad syntheses of major areas of the Court's case law, provides excerpts from notable decisions in a narrative and analytical context, addresses the tension between the ItCC and the Court of Cassation, and positions the development, character, and importance of the ItCC's jurisprudence in the larger arc of global judicial dialog.
American Conservatism

Richard W. Garnett

Book Chapter

Richard W. Garnett, The Worms and the Octopus: Religious Freedom, Pluralism, and Conservatism, in American Conservatism (Sanford V. Levinson et al. eds., 2016)

A formidable challenge for an academic lawyer hoping to productively engage and intelligently assess “American Conservative Thought and Politics” is answering the question, “what, exactly, are we talking about?” The question is difficult, the subject is elusive. “American conservatism” has always been protean, liquid, and variegated – more a loosely connected or casually congregating group of conservatisms than a cohesive and coherent worldview or program. There has always been a variety of conservatives and conservatisms – a great many shifting combinations of nationalism and localism, piety and rationalism, energetic entrepreneurism and romanticization of the rural, skepticism and crusading idealism, elitism and populism – in American culture, politics, and law.

That said, no one would doubt the impeccably conservative bona fides of grumbling about the French Revolution and about 1789, “the birth year of modern life.” What Russell Kirk called “[c]onscious conservatism, in the modern sense” first arrived on the scene with Burke’s Reflections on the Revolution in France, and at least its Anglo-American varieties have long been pervasively shaped by his reaction. As John Courtney Murray put it, Burke’s targets included those “French enthusiasts” who tolerated “no autonomous social forms intermediate between the individual and the state” and who aimed to “destroy[]…all self-governing intermediate social forms with particular ends.” I suggest, then, that to be “conservative” is at least and among other things to join Burke in rejecting Rousseau’s assertions that “a democratic society should be one in which absolutely nothing stands between man and the state” and that non-state authorities and associations should be proscribed. In other words, to be “conservative” is to take up the cause of Hobbes’s “worms in the entrails” and to resist the reach of Kuyper’s “octopus.” At or near the heart of anything called “conservatism” should be an appreciation and respect for the place and role of non-state authorities in promoting both the common good and the flourishing of persons and a commitment to religious freedom for individuals and institutions alike, secured in part through constitutional limits on the powers of political authorities. Accordingly, one appropriate way for an academic lawyer to engage “American Conservative Thought and Politics” is to investigate and discuss the extent to which these apparently necessary features or elements of conservatism are present in American public law. Pluralism and religion, in other words, are topics that should provide extensive access to this volume’s subject.
National Security Law and the Constitution

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

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.
- The text offers students a comprehensive yet focused treatment of key national security law concepts.
- 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.
- The chapters also use text boxes to illustrate key principles with historical events, and to highlight important issues, rules, and principles closely related to the primary sources.
- Text is divided into five parts: The Constitutional Framework, War Powers and Military Force, Crime and National Security, Information and National Security, and Other National Security Responses
Peace Through Law: Reflections on Pacem in Terris from Philosophy, Law, Theology, and Political Science

Mary Ellen O'Connell and Samuel T. Tessema

In 1963, Pope John XXIII's renowned peace encyclical Pacem in Terris offered a practical vision beyond the accepted international policies of his time: normative ideas for reforming the UN aimed at a peaceful conflict resolution in a time of globalization. It calls for renewed commitment to the United Nations and international law. Pope John XXIII explained the role of public authorities within nation states in keeping the peace and working together for the common good. He saw the need for similar authority for the international community. Fifty years later, the authors critically debate the ideas for 'global political authority' and global law from their respective perspectives: theology, philosophy, international law, economics, and political science.
Civil Procedure. 4th ed.

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

This 750-page civil procedure casebook is structured so that it can be taught quickly but at a high level. The tightly-edited cases capture students’ interest while teaching the material well. Notes are short but intellectually challenging. The book has enough materials to cover topics basically or in depth. The casebook introduces students to the themes running through civil procedure: efficiency and fairness, advantages and disadvantages of the adversarial system, real-life litigation strategies, and issues of federalism and separation of powers. The 4th edition has been updated to include not only the most recent Supreme Court cases, but new cases from the lower federal courts. The 2015 and 2016 cases fully account for the important 2015 amendments to the Federal Rules of Civil Procedure. The teacher's manual suggests strategies for teaching the materials and different approaches for credit allocations and teacher preferences.
2016 Supplement: Civil Procedure, 4th, Rules, Statutes, and Recent Developments

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

The 2016 Statutory and Case Supplement brings the casebook up-to-date, noting new developments in a short 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.
Nudging - Possibilities, Limitations and Applications in European Law and Economics

Avishalom Tor and Klaus Mathis

Editors: Klaus Mathis & Avishalom Tor

From the Publisher

This anthology provides an in-depth analysis and discusses the issues surrounding nudging and its use in legislation, regulation, and policy making more generally. The 17 essays in this anthology provide startling insights into the multifaceted debate surrounding the use of nudges in European Law and Economics.

Nudging is a tool aimed at altering people’s behaviour in a predictable way without forbidding any option or significantly changing economic incentives. It can be used to help people make better decisions to influence human behaviour without forcing them because they can opt out. Its use has sparked lively debates in academia as well as in the public sphere. This book explores who decides which behaviour is desired. It looks at whether or not the state has sufficient information for debiasing, and if there are clear-cut boundaries between paternalism, manipulation and indoctrination. The first part of this anthology discusses the foundations of nudging theory and the problems associated, as well as outlining possible solutions to the problems raised. The second part is devoted to the wide scope of applications of nudges from contract law, tax law and health claim regulations, among others.

This volume is a result of the flourishing annual Law and Economics Conference held at the law faculty of the University of Lucerne. The conferences have been instrumental in establishing a strong and ever-growing Law and Economics movement in Europe, providing unique insights in the challenges faced by Law and Economics when applied in European legal traditions.
Accounting for Lawyers, 5th ed.

Matthew J. Barrett and David R. Herwitz

This fifth edition of the most widely adopted text in the field demonstrates to novices how accounting issues interrelate with the legal profession. In an effort to make accounting as understandable as possible, this book uses a "learn by doing" approach, including: Illustrative financial statements from Starbucks Corporation Multiple problems using the financial statements from Amazon.com, Inc., Google Inc., and United Parcel Service, Inc. Designed for the law student with no accounting background, the fifth edition can also enable students with previous accounting experience to appreciate better how accounting concepts and financial statements affect legal issues. The first section of each chapter, entitled "Importance to Lawyers," explains how the topics discussed in that chapter affect the practice of law.
Comparative Legal Traditions in a Nutshell, 4th ed.

Paolo G. Carozza, Mary Ann Glendon, and Colin B. Picker

From the Publisher

This nutshell offers a general introduction to comparative law that includes both an overview of the methods of comparative law as well as of the two most widespread legal traditions in the world: civil (or Romano-Germanic) law and common law. For both legal traditions, this expert discussion covers their history; legal structures, including constitutional systems, courts, and judicial review; the roles of central legal actors, including lawyers, judges, and scholars; an overview of civil and criminal procedure; the principal sources of law and divisions of substantive law; and the judicial process. Throughout, the discussion also includes references to the place and the importance of supranational law and institutions and their impact on the civil law and common law traditions in Europe.
International Labour Law

Barbara Fick

The role of the ILO in the international labour law regime -- Substantive content of the core labour rights -- Enforcement mechanisms outside the ILO -- Reflections on core labour rights and the future of international labour law.
Supreme Court Labor Cases 2014–15 Term

Barbara Fick

This is section 6 from a symposium called "Recent Developments in Employment Law" hosted by the Indiana Continuing Legal Education Forum, December 10, 2015.
National Security Law and the Constitution

Jimmy Gurule, Geoffrey Corn, Eric Jensen, and Peter Marguiles

This unique new concise treatise provides a highly accessible but also comprehensive and timely supplement for students studying National Security Law. Written by a team of experts in the field, this treatise serves as a useful supplement for the substantively rich but often overwhelming National Security Law texts currently on the market.
National Security Law: Principles and Policy

Jimmy Gurule, Geoffrey Corn, Eric Jensen, and Peter Margulies

Comprehensive and accessible, NATIONAL SECURITY LAW is a guide to the legal foundations that support key national security powers: diplomatic, intelligence, military, economic, and criminal. The authors provide essential sources of national security law, including constitutional text, judicial opinions, statutes,, and policies. Suitable as either a supplement or a stand-alone text, it illustrates national security law principles through discussion of war powers, followed by treatments of topical issues.
The International Legal System: Cases and Materials, 7th ed

Mary Ellen O'Connell, Richard F. Scott, Naomi Roht-Arriaza, and Daniel D. Bradlow

The world of international law continues to grow and change at an accelerated pace. The International Legal System, 7th edition captures the critical developments for law students as they prepare for the global legal marketplace.

Important additions include expanded treatment of international environmental law in a new chapter; updates on international legal theory; expanded coverage of cyber law; new cases on jurisdiction ranging from the International Court of Justice’s Jurisdictional Immunity of the State to the U.S. Supreme Court’s Kiobel v. Shell; the latest results of international trade talks, and new cases at the intersection of armed conflict and human rights.

Professor Daniel Bradlow has joined the book following his tenure with the South African Reserve Bank. He and his co-authors are uniquely equipped to carry forward the book’s enduring strength: Investigating the inter-linkages of international, national, and regional law.
The Law of Electronic Surveillance: August 2014 Volumes 1 & 2

Patricia L. Bellia and James G. Carr
On Solidarity in International Law

Paolo G. Carozza and Luigi Crema

The scope of this reflection is on the actual and possible function of the concept of solidarity in international law. The discussion has both a descriptive aim, to examine the place of solidarity within international law today, and a normative aim that looks at the desirable evolution of this concept. Although increasingly invoked in the international sphere generally, the concept of solidarity has an uncertain status in international law. Despite having a longer history especially in Christian thought and certain earlier juridical and political antecedents (some quite contradictory to its use today), its advent in international law is relatively new. Solidarity today could be understood in the abstract as a basic observable condition of the international environment, as a principle of international law, as a (human) right, or as a fundamental moral value. Seen from within the practical experience of international law today, it is best understood as a relatively weak legal principle, which rarely if ever outweighs the international legal system’s continuing foundation in the principles of sovereignty and state consent. Solidarity does, however, have stronger underpinnings as a moral value. The place of solidarity in Catholic social teaching deepens our understanding of the possible significance of subsidiarity in the international legal system. In Catholic thought, subsidiarity is both a virtue and a moral principle that calls all men and women to commit themselves “to the good of all and of each individual.” It is closely related to charity and fraternity, and finds its fullest expression in gratuitousness, or freedom. This in turn leads to a need to reconcile solidarity with the freedom of states in the international sphere, including through the mediating principle of subsidiarity.
Comparative Legal Traditions: Text, Materials and Cases on Western Law, 4th ed.

Paolo G. Carozza, Mary Ann Glendon, and Colin B. Picker

From the Publisher

This new edition includes some significant revisions since the last edition was published in 2007. In addition to updating the materials to take into account developments in the law in the examined jurisdictions, the new edition also places discussion of the relevant regional law, for the most part European Union and Council of Europe law, within the examinations of the specific legal systems themselves (more accurately reflecting the realities of operating within those systems). In addition, there are updates and addition to the in-depth chapters focusing on discrete comparative problems and exercises.
Supreme Court Cases 2013–14 Term

Barbara Fick

This is section 6 from a symposium called "Recent Developments in Employment Law" hosted by the Indiana Continuing Legal Education Forum, December 16, 2014.
Lost Classroom, Lost Community: Catholic Schools' Importance in Urban America

Nicole Stelle Garnett and Margaret F. Brinig

In the past two decades in the United States, more than 1,600 Catholic elementary and secondary schools have closed, and more than 4,500 charter schools—public schools that are often privately operated and freed from certain regulations—have opened, many in urban areas. With a particular emphasis on Catholic school closures, Lost Classroom, Lost Community examines the implications of these dramatic shifts in the urban educational landscape.

More than just educational institutions, Catholic schools promote the development of social capital—the social networks and mutual trust that form the foundation of safe and cohesive communities. Drawing on data from the Project on Human Development in Chicago Neighborhoods and crime reports collected at the police beat or census tract level in Chicago, Philadelphia, and Los Angeles, Margaret F. Brinig and Nicole Stelle Garnett demonstrate that the loss of Catholic schools triggers disorder, crime, and an overall decline in community cohesiveness, and suggest that new charter schools fail to fill the gaps left behind.

This book shows that the closing of Catholic schools harms the very communities they were created to bring together and serve, and it will have vital implications for both education and policing policy debates.
Contraception & Persecution

Charles E. Rice and Steve Mosher

“Contraceptive sex,” wrote social science researcher Mary Eberstadt in 2012, “is the fundamental social fact of our time.” In this important and pointed book, Charles E. Rice, of the Notre Dame Law School, makes the novel claim that the acceptance of contraception is a prelude to persecution. He makes the striking point that contraception is not essentially about sex. It is a First Commandment issue: Who is God? It was at the Anglican Lambeth Conference of 1930 when for the first time a Christian denomination said that contraception could ever be a moral choice. The advent of the Pill in the 1960s made the practice of contraception practically universal. This involved a massive displacement of the Divine Law as a normative measure of conduct, not only on sex but across the board. Nature abhors a vacuum. The State moved in to occupy the place formerly held by God as the ultimate moral Lawgiver. The State put itself on a collision course with religious groups and especially with the Catholic Church, which continues to insist on that traditional teacher. A case in point is the Obama Regime’s Health Care Mandate, coercing employees to provide, contrary to conscience, abortifacients and contraceptives to their employees. The first chapter describes that Mandate, which the Catholic bishops have vowed not to obey. Rice goes on to show that the duty to disobey an unjust law that would compel you to violate the Divine Law does not confer a general right to pick and choose what laws you will obey. The third chapter describes the “main event,” which is the bout to determine whether the United States will conform its law and culture to the homosexual (LGBTQ) lifestyle in all its respects. “The main event is well underway and LGBTQ is well ahead on points.” Professor Rice follows with a clear analysis of the 2013 Supreme Court decision on same-sex marriage. Part II presents some “underlying causes” of the accelerating persecution of the Catholic Church. The four chapter headings in this part outline the picture: The Dictatorship of Relativism; Conscience Redefined; The Constitution: Moral Neutrality; and The Constitution: Still Taken Seriously? The answer to the last question, as you might expect, is: No. Part III, the controversial heart of the book, presents contraception as “an unacknowledged cause” of persecution. The first chapter argues that contraception is not just a “Catholic issue.” The next chapter describes the “consequences” of contraception and the treatment of women as objects. The third chapter spells out in detail the reality that contraception is a First Commandment issue and that its displacement of God as the ultimate moral authority opened the door for the State to assume that role, bringing on a persecution of the Church. The last chapter, “A Teaching Untaught,” details the admitted failure of the American Catholic bishops to teach Pope Paul VI’s 1968 encyclical, Humanae Vitae. But Rice offers hope that the bishops are now getting their act together Part IV offers as a “response” to the persecution of the Church three remedies: Speak the Truth with clarity and charity; Trust God; and, most important, Pray. As the last sentence in the book puts it: “John Paul II wrote in a letter to U.S. bishops in 1993: ‘America needs much prayer – lest it lose its soul.’” This readable and provocative book is abundantly documented with a detailed index of names and subjects.