Books

Printing is not supported at the primary Gallery Thumbnail page. Please first navigate to a specific Image before printing.

Switch View to Grid View Slideshow

An Empire of Laws: Legal Pluralism in British Colonial Policy

Christian R. Burset

From the publisher:

A compelling reexamination of how Britain used law to shape its empire

For many years, Britain tried to impose its own laws on the people it conquered, and English common law usually followed the Union Jack. But the common law became less common after Britain emerged from the Seven Years’ War (1754–63) as the world’s most powerful empire. At that point, imperial policymakers adopted a strategy of legal pluralism: some colonies remained under English law, while others, including parts of India and former French territories in North America, retained much of their previous legal regimes.

As legal historian Christian R. Burset argues, determining how much English law a colony received depended on what kind of colony Britain wanted to create. Policymakers thought English law could turn any territory into an anglicized, commercial colony; legal pluralism, in contrast, would ensure a colony’s economic and political subordination. Britain’s turn to legal pluralism thus reflected the victory of a new vision of empire—authoritarian, extractive, and tolerant—over more assimilationist and egalitarian alternatives. Among other implications, this helps explain American colonists’ reverence for the common law: it expressed and preserved their equal status in the empire. This book, the first empire-wide overview of law as an instrument of policy in the eighteenth-century British Empire, offers an imaginative rethinking of the relationship between tolerance and empire.

Series: Yale Law Library Series in Legal History and Reference
Unlocking the Potential of Private-School Choice: Avoiding and Overcoming Obstacles to Successful Implementation

Nicole Stelle Garnett

The parental-choice movement has secured a number of important victories in recent years. There are now 65 private-school-choice programs in the U.S., serving approximately 700,000 students, including new universal education savings account programs in Arizona, Arkansas, Iowa, Utah, and West Virginia. Despite this progress, however, existing private-school-choice programs have, in some ways, fallen short of their transformational potential. The number of students served remains stagnant and below capacity in many states, faith-based (and especially Catholic) schools continue to close despite new eligibility for public funds, most funds are used to fill seats in existing schools and rather than driving the creation of new schools, and test-score improvements have been underwhelming.

In order to realize all the benefits of parental-choice programs, advocates, policymakers, and participating schools have to pay more attention to implementation challenges, both when designing parental-choice policies and after new programs are enacted. This report discusses both categories of implementation challenges. The first category—challenges that result from policy design—includes features of many programs that make them difficult to implement, such as limits on the tax benefits available in scholarship tax-credit programs, low scholarship amounts, and eligibility restrictions. The second category—challenges that occur after programs are enacted—result from advocates’ and participating schools’ failure to take steps that would increase the likelihood of programmatic success, such as prioritizing academic improvement among program participants, better informing parents about the choices available to them, and encouraging the development of more and better schools and school networks.
Real Estate Transactions: Problems, Cases, and Materials, 6th ed.

James J. Kelly Jr., Robin Paul Malloy, James Charles Smith, and Andrea J. Boyak

A concise text that provides students with the tools necessary to understand real estate transactions in a real-world market setting. Featuring cases and materials that reveal ethical and professional responsibility issues that allow students to see professional ethics in a real-world context. This integrated approach to explaining market and ethical constraints on transactional real estate lawyers includes clear and concise explanations on each topic.
Summary of Contents

Contents
Preface
Acknowledgments

1. Market Context for Real Estate Transactions
2. Real Estate Brokers
3. Preparing to Contract
4. Executory Contracts
5. Condition of the Property
6. Closing the Contract
7. Contract Remedies
8. Allocating Title Risk
9. Land Descriptions
10. Public Records
11. Title Products
12. Improving the Efficiency of the Title System
13. Housing Products
14. Possession and Use of Mortgaged Property
15. Residential Mortgage Products
16. Mortgage Obligations
17. Foreclosure
18. Mortgage Substitutes
19. Junior Mortgages
20. Basic Commercial Real Estate

Table of Cases
Index
Accounting for Lawyers, Concise 6th edition

Matthew J. Barrett and David R. Herwitz

Now in its sixth edition, the concise version of this widely adopted text responds to the demand for a concise, efficient casebook that introduces novices to financial statements and how accounting issues frequently arise in the practice of law, both in transactional work and litigation. Designed specifically for one- and two-credit hour courses for law students with no accounting background, the text of the Concise Sixth Edition is about forty percent shorter than the Sixth Edition, so students will find this text less expansive and easier to master. The first section of each chapter, entitled "Importance to Lawyers," explains how the topics discussed in that chapter affect lawyers and their clients. The text empowers students:
- To work backwards through the bookkeeping process and, when necessary, to trace an amount that appears on the financial statements through the accounting records to the ledgers, journals, and supporting documentation;
- To negotiate agreements or other legal documents containing accounting terminology or concepts;
- To recognize “red flags” that suggest financial difficulties--or even financial fraud; and
- To understand--and, when necessary, defend against--the opportunities to obtain accounting-related information about an underlying lawsuit and then to use that information during litigation.
Like its predecessor, the Concise Sixth Edition uses a “learn by doing” approach, including:
- Illustrative financial statements from Starbucks Corporation
- Multiple problems using the financial statements from Amazon.com, Inc., Alphabet Inc., and United Parcel Service, Inc.
Religion and the American Constitutional Experiment, 5th edition

Richard W. Garnett, John Witte, and Joel A. Nichols

This accessible and authoritative introduction tells the American story of religious liberty from its colonial beginnings to the latest Supreme Court cases. The authors analyze closely the formation of the First Amendment religion clauses and describe the unique and enduring principles of the American experiment in religious freedom—liberty of conscience, free exercise of religion, religious equality, religious pluralism, separation of church and state, and no establishment of religion. Successive chapters map all of the 240+ Supreme Court cases on religious freedom—covering the free exercise of religion; the roles of government and religion in education; the place of religion in public life; and the interaction of religious organizations and the state. The concluding reflections argue that protecting religious freedom is critical for democratic order and constitutional rule of law, even if it needs judicious balancing with other fundamental rights and state interests. Clear, comprehensive, multidisciplinary, and balanced, this classic volume is an ideal classroom text. This new 5th edition addresses fully the new hot-button issues and cases on religious freedom versus sexual liberty; religious worship in the time of COVID; freedom of conscience and exemption claims; state aid to religion; religious monuments and ceremonies in public life; and the rights and limits of religious groups.
International Law and the Use of Force, 3rd edition

Mary Ellen O'Connell

This casebook on international law and the use of force brings together cases and materials on the regulation of resort to armed force and the conduct of armed conflict. It covers such pressing global issues as the Russia-Ukraine conflict, maritime disputes in the South China Sea, and civilian protection in warfare. The new edition adds important new reports by United Nations Special Rapporteurs, the Council of Europe, and the International Committee of the Red Cross. It also includes new cases from the European Court of Human Rights and other courts and tribunals. The final chapter on weapons has been revised to expand coverage of new developments.
Legal Research Simulations

Warren Rees

When beginning a legal career, conducting legal research can seem like an insurmountable task. This book attempts to make the task manageable by first looking at background information about each of the major types of legal authority that must searched. With this information, it then examines various options for searching each one based upon the pre-existing knowledge held by the researcher. The various tools available for searching are described, including the strengths and limitations of each and the steps necessary to overcome those limitations. The text also discusses the relationship between the various sources in the hierarchy of legal authority. This information is critical while searching for relevant materials and in understanding the law once relevant materials are located. Given the nature of the tools available for legal research today, many references to the Westlaw and Lexis legal databases are included; while not necessary, access to one or both will be beneficial in understanding everything discussed in the book. Many illustrations of real-life research are included throughout. Following discussion of each major topic is a summary of the major points and an assignment designed to give the researcher experience using the tools and following the steps described in the text. A total of ten assignments, including one review assignment mid-way through the text, are included. Also included is a guide to citing various primary and secondary sources according to the rules contained in the latest version of The Bluebook: A Uniform System of Citation. References to specific rules are shown with examples of cites to all the major resources. Access to either the printed or online version of The Bluebook, while not necessary, is helpful. The book finishes with practical tips about overcoming common mistakes made when conducting legal research that will improve the researcher’s efficiency.
Law and Economics of the Coronavirus Crisis

Avishalom Tor and Klaus Mathis

Editors

The coronavirus pandemic struck unexpectedly, posing unprecedented challenges around the world. At the same time, this crisis also offers a unique opportunity for reflection, research, and insight regarding this and similar global and domestic crises. There is much to be learned from analysing the effects of the crisis. It provides a chance for a fresh scholarly examination of important aspects of legal regulation, policymaking, and more. This volume pursues these questions from a broad range of Law and Economics perspectives and is divided into two parts. The first part examines the immediate impact of and responses to the coronavirus crisis, while the second explores the future possibilities that scholarly analysis of this crisis can offer.

As to the immediate impact and responses, questions of compliance with regulations and safety measures, nudging and decision-making with regard to the coronavirus crisis are examined from the perspective of behavioural economics. In addition, the short- and long-term effects of various emergency policy responses on contract law are studied. Current issues and challenges like the regulation of internet platforms, excessive pricing, the right to adequate food, risk and loss allocation, as well as remote learning and examinations, which have been impacted, brought about, complicated or aggravated by the coronavirus crisis, are analysed in depth. Lastly, future possibilities in the areas of data access rights, economic instability and the balance between political-economic interests and social interests, patenting, food labels and open data are illustrated.
Accounting for Lawyers, 6th edition

Matthew J. Barrett and David R. Herwitz

This sixth edition of the most widely adopted text in the field continues to introduce law students with no accounting background to financial statements and the ways that accounting concepts and issues arise in transactional work and litigation. Designed for either two- or three-hour courses, this text uses a “learn by doing” approach, including:
- Illustrative financial statements from Starbucks Corporation; and
- Multiple problems using the financial statements from Amazon.com, Inc., Google Inc., and United Parcel Service, Inc.
The first section of each chapter, entitled "Importance to Lawyers," explains how the topics discussed in that chapter affect the practice of law. The text empowers students:
- To work backwards through the bookkeeping process and, when necessary, to trace an amount that appears on the financial statements through the accounting records to the ledgers, journals, and supporting documentation;
- To negotiate agreements or other legal documents containing accounting terminology or concepts;
- To recognize “red flags” that suggest financial difficulties--or even financial fraud; and
- To understand--and, when necessary, defend against--the opportunities to obtain accounting-related information about an underlying lawsuit and then to use that information during litigation.
The sixth edition incorporates numerous developments since the fifth edition, most significantly discussions about the new generally accepted accounting principles governing revenue recognition, lease accounting, and credit losses. Often collectively referred to as "new GAAP," these rules mark the most significant changes to financial accounting in at least a generation. The sixth edition also identifies and discusses various financial accounting issues that lawyers should keep in mind during the pandemic and its aftermath.
The 1662 Book of Common Prayer

Samuel Bray

The Book of Common Prayer (1662) is one of the most beloved liturgical texts in the Christian church, and remains a definitive expression of Anglican identity today. It is still widely used around the world, in public worship and private devotion, and is revered for both its linguistic and theological virtues. But the classic text of the 1662 prayer book presents several difficulties for contemporary users, especially those outside the Church of England. The 1662 Book of Common Prayer: International Edition gently updates the text for contemporary use. State prayers of England have been replaced with prayers that can be used regardless of nation or polity. Obscure words and phrases have been modestly revised―but always with a view towards preserving the prayer book's own cadence. Finally, a selection of treasured prayers from later Anglican tradition has been appended. The 1662 prayer book remains a vital resource today, both in the Anglican Communion and for Christians everywhere. Here it is presented for continued use for today's Christians throughout the world.
The Constitution of the United States, 4th edition

Samuel Bray, Michael Stokes Paulsen, 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 fourth edition has many refinements. It also has new cases on (among other topics) the non-delegation doctrine, legislative investigations, presidential removal, compelled speech, and the free exercise of religion, and new old cases on Article III and on the commerce power. There are also new executive and legislative materials on various topics, including impeachment and the drafting of the Bill of Rights.
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.
National Security Law and the Constitution, 2nd edition

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 Edition 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 Edition:
- 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)
Taxation of Nonprofit Organizations, 5th edition

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.
Nonprofit Organizations: Cases and Materials, 6th edition

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.
International Dispute Resolution, 3rd edition

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.
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.
Consumer Law and Economics

Avishalom Tor and Klaus Mathias

Co-editors.

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.
Law and Economics of Regulation

Avishalom Tor and Klaus Mathis

Editors: Avishalom Tor and Klaus Mathis

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

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.
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
Handbook of Research on School Choice

Nicole Stelle Garnett and John Schoenig

Book Chapter

Nicole Stelle Garnett, The Law of Parental Choice in Handbook of Research on School Choice 46 (Mark Berends, Ann Primus, & Matthew G. Springer, eds., 2020)

Updated to reflect the latest developments and increasing scope of school-based options, the second edition of the Handbook of Research on School Choice makes readily available the most rigorous and policy-relevant research on K–12 school choice.

This comprehensive research handbook begins with scholarly overviews that explore historical, political, economic, legal, methodological, and international perspectives on school choice. In the following sections, experts examine the research and current state of common forms of school choice: charter schools, school vouchers, and magnet schools. The concluding section brings together perspectives on other key topics such as accountability, tax credit scholarships, parent decision-making, and marginalized students.

With empirical perspectives on all aspects of this evolving sphere of education, this is a critical resource for researchers, faculty, and students interested in education policy, the politics of education, and educational leadership.
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.
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.
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.