Looking to dive into the law this summer? With help from the Rutgers Law Library, we are sharing the books and book chapters published or updated this academic year by our world-class faculty of passionate teachers and scholars. The range of books includes everything from dialogues on global justice to a fictional story of friendship and betrayal during World War II—perfect for any level of summer reading!
The Interplay Between Competition Law and Intellectual Property: An International Perspective
Edited by Gabriella Muscolo and Marina Tavassi with chapter by Michael Carrier
Although competition law and intellectual property are often interwoven, there has been little guidance on how they work together in practice until this book. As the intersection between the two fields continues to grow worldwide, both in case law and in regulation, the book’s focus on sectors such as pharmaceuticals, IT, telecoms, energy and agriculture in eleven of the world’s most active jurisdictions provides a much-needed in-depth understanding of how this interplay reveals itself among the different legal systems. The "U.S. Intellectual Property and Competition Law" chapter is by Professor Michael Carrier.
Healthcare Antitrust, Settlements, and the Federal Trade Commission
Edited by James Langenfeld and Edwin Galeano with chapter by Michael Carrier and Steven D. Shadowen
Brand-name pharmaceutical companies have engaged in a variety of business conduct that has increased price. One of these activities involves “product hopping,” or brand switches from one version of a drug to another. In this chapter, they offer a framework that courts and government enforcers can employ to analyze product hopping. The "Solving the Product-Hopping Conundrum through Safe Harbors and a No-Economic Sense Harm Test" is by Professor Carrier.
Conversations on Justice from National, International, and Global Perspectives: Dialogues with Leading Thinkers
Edited by Jean-Marc Coicaud and Lynette E. Sieger
The question of what constitutes norms for global justice is of considerable concern for all those interested in world peace and cooperation. In order to define these global norms, Jean-Marc Coicaud, while working at the United Nations University, initiated a project centered around conversations with leading theorists and policy practitioners in global affairs. Made up of a compilation of dialogues between world-class authors and activists, this volume's unique format makes it highly accessible and even fun to read. The insights and observations of these leading intellectuals and scholars provide a rich contribution to theories on how global justice might become a reality.
The Cambridge Handbook of Social Enterprise Law
Edited by Benjamin Means and Joseph W. Yockey with chapter by Sarah Dadush
Growing numbers of employees, consumers, and investors want companies to be truly good; these stakeholders will accept lower economic returns in order to support companies that prioritize sustainability, fair wages, and fair trade. Unlike charities or non-profits, such companies or social enterprises are not only permitted but also expected to produce an economic return for investors. Yet, unlike traditional business ventures, social enterprises have no obligation to maximize profits, even on a long-term basis. This book takes stock of the field and charts a course for its future development. It should be read by entrepreneurs, investors, practitioners, academics, students and anyone else interested in how companies are evolving to address new demands for capitalism with a conscience. The "A New Blueprint for Regulating Social Enterprises" chapter is by Professor Sarah Dadush.
Research Handbook on Law and Religion
Edited by Rex Ahdar with chapter by Perry Dane
Offering an interdisciplinary, international and philosophical perspective, this comprehensive volume explores both perennial and recent legal issues that concern the modern state and its interaction with religious communities and individuals. Longstanding issues of religious liberty are explored such as the right of conscientious objection, religious confession privilege and the wearing of religious apparel. The contested meanings of the secular state and religious neutrality are revisited from different perspectives and the reality of the international human rights protections for religious freedom are analyzed. The "Establishment and Encounter" chapter is by Professor Perry Dane.
Law 101: Everything You Need to Know About American Law, Fifth Edition
By Jay M. Feinman
Since the publication of the fourth edition, there have been many important developments on the legal front. The Supreme Court has issued important decisions on presidential powers, freedom of religion, and personal liberty. Police shootings and the rise of Black Lives Matter has impacted the court system too. The rise of arbitration at the expense of jury trials has affected the rights of consumers, and internet law remains in a state of constant change. This fully updated fifth edition of Law 101 accounts for all these developments and more, as Professor Jay Feinman once again provides a clear introduction to American law. Perfect for students contemplating law school, journalists covering legislature, or even casual fans of "court-television" shows, Law 101 is a clear and accessible introduction to the American legal system.
The Dream Revisited: Contemporary Debates About Housing, Segregation, and Opportunity
Edited by Ingrid Gould Ellen and Justin Peter Steil with chapter by Rachel Godsil
A half-century after the Fair Housing Act, despite ongoing transformations of the geography of privilege and poverty, residential segregation by race and income continues to shape urban and suburban neighborhoods in the United States. The Dream Revisited brings together a range of expert viewpoints on the causes and consequences of the nation’s separate and unequal living patterns. The book features timely analyses of issues such as school integration, mixed-income housing, and responses to gentrification from a diversity of viewpoints. A probing examination of a deeply rooted problem, The Dream Revisited offers pressing insights into the changing face of urban inequality. The "Transforming Gentrification into Integration" chapter is by Professor Rachel Godsil.
The Oxford Handbook of Lying
Edited by Jorg Meibauer with chapter by Stuart Green
We are confronted daily with cases of lying, deception, and 'fake news', making it imperative to understand how lying works, how it can be defined, and whether it can be detected. This volume is the first to offer a comprehensive and up-to-date exploration of these and other issues from the combined perspectives of linguistics, philosophy, and psychology, with chapters contributed by leading international experts in the field. This is an essential reference for students and researchers in a range of fields who are looking to deepen their understanding of all aspects of lying and deception, and will contribute to establishing the vibrant new field of interdisciplinary lying research. The chapter "Lying and the Law" is by Professor Stuart Green.
Ethical Problems in the Practice of Law: Model Rules, State Variations, and Practice Questions, 2019 and 2020 Edition
By Lisa G. Lerman, Philip G. Schrag, and Anjum Gupta
An indispensable tool for students taking courses in professional responsibility, this book contains only the essential resources: the ABA Model Rules of Professional Conduct and the official comments; a selection of the most distinctive state variations; and 116 practice questions, in the format used in the Multistate Professional Responsibility Examination (MPRE), together with answers and detailed analyses.
Global Securities Litigation and Enforcement
Edited by Pierre-Henri Conac and Martin Gelter with chapter by Yulia Guseva
Global Securities Litigation and Enforcement provides a clear and exhaustive description of the national regime for the enforcement of securities legislation in cases of misrepresentation on financial markets. It covers 29 jurisdictions worldwide, some of them are important although their law is not well known. The book also provides a comprehensive contribution debate on whether public or private enforcement is preferable in terms of the development of securities markets. It will appeal to those interested in the legal origins theory and in comparative securities law and shows that the classification of jurisdictions within legal families does not explain the differences in legal regimes. While U.S. securities law often serves as a model for international convergence, some of its elements, such as securities class actions, have not been adopted worldwide. The chapter "Russian Capital Markets and Shareholder Litigation: Quo Vadis?" is by Professor Yulia Guseva.
The Lost Girls of Paris
By Pam Jenoff
From the author of the runaway bestseller The Orphan’s Tale comes a remarkable story of friendship and courage centered around three women and a ring of female secret agents during World War II. Vividly rendered and inspired by true events, Pam Jenoff shines a light on the incredible heroics of the brave women of the war and weaves a mesmerizing tale of courage, sisterhood and the great strength of women to survive in the hardest of circumstances.
LGBTQ Divorce and Relationship Dissolution: Psychological and Legal Perspectives and Implications for Practice
Edited by Abbie E. Goldberg and Adam P. Romero with chapter by Suzanne Kim
The first edited book to tackle this topic in an informed, comprehensive, and interdisciplinary matter, this volume gathers and expands current knowledge on topics such as LGBTQ people's relationship and dissolution patterns; the divorce and child custody rules and processes that now apply to many LGBTQ families; and the surrounding political and cultural environment in the United States. It also addresses practical issues such as mediation with same-sex couples who are separating or divorcing, financial planning, and family therapy for sexual minority parents and their children in the context of divorce/dissolution. It will be an invaluable resource for academics, practitioners, policymakers, and LGBTQ people as well as of interest to students in psychology, counseling, law, and LGBTQ and gender studies. The chapter "The Role of Gender and Gender Dynamics in Same-Sex Divorce and Dissolution" is by Professor Suzanne Kim.
The Oxford Handbook of Fiduciary Law
Edited by Evan J. Criddle, Paul B. Miller, and Robert H. Sitkoff with chapter by Arthur Laby
The Oxford Handbook of Fiduciary Law provides a comprehensive overview of critical topics in fiduciary law and theory through chapters authored by leading scholars. The Handbook opens with surveys of the many fields of law in which fiduciary duties arise, including agency law, trust law, corporate law, pension law, bankruptcy law, family law, employment law, legal representation, health care, and international law. Drawing on these surveys, the Handbook offers a synthetic analysis of fiduciary law's key concepts and principles. Unparalleled in its breadth and depth of coverage, it represents an invaluable resource for practitioners, policymakers, scholars, and students in this essential field of law. The chapter "Fiduciary Principles in Investment Advice" is by Professor Arthur Laby.
Research Handbook on the Regulation of Mutual Funds
Edited by William A. Birdthistle and John Morley with chapter by Arthur Laby
The growth of mutual funds has been a truly global phenomenon and deserves a broad international analysis. Local political economies and legal regimes have created different regulatory preferences for the oversight of these funds, and academics, public officials, and legal practitioners wishing to understand the global investing environment need an appreciation for these international differences. This Handbook addresses these and several other issues concerning mutual funds. The contributors provide a current legal analysis of funds from a variety of perspectives and using an array of methodologies that consider the large fundamental questions governing the role and regulation of investments funds as well identity and behavior of investors and issues surrounding less orthodox funds, such as money market funds, ETFs, and private funds. The chapter "The Fiduciary Structure of Investment Management Regulation" is by Professor Laby.
Research Handbook on Fiduciary Law
Edited by D. Gordon Smith and Andrew S. Gold with chapter by Arthur Laby
The Research Handbook on Fiduciary Law offers specially commissioned chapters written by leading scholars and covers a wide range of important topics in fiduciary law. Topical contributions discuss various fiduciary relationships, the duty of loyalty and other fiduciary obligations; fiduciary remedies; the role of equity, the role of trust, international and comparative perspectives, and public fiduciary law. This Research Handbook will be of interest to readers concerned with both theory and practice, as it incorporates significant new insights and developments in the field. The chapter "Competing Accounts of the Fiduciary Relationship" is by Professor Laby.
Democracy by the People: Reforming Campaign Finance in America
Edited by Eugene D. Mazo and Timothy K. Kuhner
Thanks to a series of recent U.S. Supreme Court decisions, corporations can now spend unlimited sums to influence elections, Super PACs and dark money groups are flourishing, and wealthy individuals and special interests increasingly dominate American politics. Despite the overwhelming support of Americans to fix this broken system, serious efforts at reform have languished. Campaign finance is a highly intricate and complex area of the law, and the current system favors the incumbent politicians who oversee it. This illuminating book takes these hard realities as a starting point and offers realistic solutions to reform campaign finance. With contributions from more than a dozen leading scholars of election law, it should be read by anyone interested in reclaiming the promise of American democracy.
Your Client’s Story: Persuasive Legal Writing, Second Edition
By Ruth Anne Robbins, Ken Chestek, and Steve Johansen
Unlike most document-centric first-year legal writing texts, Your Client’s Story: Persuasive Legal Writing centers on the client, with a focus on ways to persuade the reader to grant the relief each client seeks. Organized to reflect the process, the text begins with meeting the client, moves to investigating the facts, and then provides guidance on analyzing and choosing the appropriate persuasive strategy. The material is rooted in concepts of brain science and cognitive psychology—and in an easy-to-read, conversational style shows how classical rhetoric and modern persuasion theory provide the foundation for memorable legal writing. By focusing on the process of persuasion, the book creates strong connections between the first year objectives and the upper-level skills and clinic courses. Editable versions of the sample briefs appear in the appendices so that professors can tailor to individual needs.
Civil Procedure: Theory and Practice, Fifth Edition
By Linda J. Silberman, Allan R. Stein, and Tobias Barrington Wolff
Using the Socratic method, Civil Procedure: Theory and Practice helps students develop strategic, critical thinking with introductory text, examples, and hypotheticals that equip them for the challenges of practice. Sophisticated, yet straightforward, the text strikes an important balance by providing clear exposition while requiring work to achieve deeper insights. The book covers the full range of topics, including in-depth treatment of personal and subject-matter jurisdiction, joinder, preclusion, and alternative dispute resolution. Accessible background material for each major case facilitates analysis, and extensive notes and questions frame deep, conceptual issues. The text keys in on leading and high-interest cases, edited for best effect. Its flexible organization supports myriad approaches to the 1L Procedure class, from a three-unit one-semester class to a five- or six-unit class taught over either a semester or a year.
The Mechanics of Claims and Permissible Killing in War
By Alec Walen
In The Mechanics of Claims and Permissible Killing in War, Walen develops an alternative account of rights according to which rights forfeiture has a much smaller role to play. It plays a smaller role because rights themselves are more contextually contingent. They systematically reflect the different kinds of claims people can make on an agent. For example, those who threaten to cause harm without a right to do so have weaker claims not to be killed than innocent bystanders or those who have a right to threaten to cause harm. By framing rights as the output of a balance of competing claims, and by laying out a detailed account of how to balance competing claims, Walen provides a more coherent account of when killing in war is permissible.
Wills, Trusts, and Estates – The Essentials
By Reid Kress Weisbord, David Horton, and Stephen K. Urice
Wills, Trusts, and Estates: The Essentials provides a unique platform for teaching Trusts and Estates as an accessible, engaging area of the law. As its title implies, Essentials covers only the core legal doctrines and does so in a concise, straightforward format that focuses on practical application rather than theory. The organizational structure of each chapter facilitates student learning by providing: (1) a clear explanation of the doctrine in plain English, (2) an excerpt of relevant statutory authority where applicable, (3) an illustration of the doctrine through a carefully-selected judicial opinion, and (4) an application of the doctrine in a problem set. Each judicial opinion is followed by a series of questions, as well as narrative answers to each question. The problem sets, which are heavily emphasized, simulate the practice of law in a realistic T&E setting.
Legal Research and Law Library Management, Second Edition, Revised
By Julius J. Marke, Richard Sloane, Linda M. Ryan, and Caroline Young
This revised edition of Legal Research and Law Library Management retains the best elements of the previous edition while covering the latest in law library management, including: collection development; controlling the cost of obtaining and maintaining legal information; strategic planning; retaining a law library consultant; online legal research; the changing role of academic law reviews in legal scholarship; and copyright law and “fair use” of research materials.