Featured New Books

December 2018

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Research Handbook on Representative Shareholder Litigation

Edited by Professor David Webber

Written by leading scholars and judges, the Research Handbook on Representative Shareholder Litigation is a modern-day survey of the state of this essential field. The book is an important and timely contribution by leading corporate law scholars, judges, and practitioners, seeking to better understand and explain the proliferation of shareholder litigation across the globe. It provides a cross-jurisdictional survey of litigation and empirical evidence on the recent evolution of these lawsuits, including in-depth analyses of several key forms of shareholder litigation.

Its chapters cover securities class actions, merger litigation, derivative suits, and appraisal litigation, as well as other forms of shareholder litigation. Through in-depth analysis of these different forms of litigation, the book explores the agency costs inherent in representative litigation, the challenges of multijurisdictional litigation and disclosure-only settlements, and the rise of institutional investors. It also surveys how related issues are addressed across the globe, with a special focus on parallel forms of litigation in the United States, Canada, the United Kingdom, the European Union, Israel and China.

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The EU Design Approach: A Global Appraisal

Book chapter by Professor Stacey Dogan – “Greeted with a shrug: the impact of the Community Design System on United States law

EU legislation for the protection of designs has been described as a ‘third way’in contrast to traditional concepts of design protection. This book provides a thorough appraisal of the EU’s unique Design Approach; assessing its formation, development and impact over the past decade.The EU Design Approach explores the rationale behind the creation of the Approach; including contributions from two leading EU scholars who were involved in its conception. The contributing authors provide an assessment of the impact that the Design Approach has had on present EU laws, national law systems and adjacent areas of law including copyright and competition law. Chapters also explore more problematic issues associated with the Approach such as: the role of design law in the wider EU framework for the protection of product shapes, and the balancing of interests between rights holders and users. Overall, this book demonstrates that the Design Approach has been largely successful in its aims despite there being some on-going points of contention.

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American Dialogue: The Founders and Us

The award-winning author of Founding Brothers and The Quartet now gives us a deeply insightful examination of the relevance of the views of George Washington, Thomas Jefferson, James Madison, and John Adams to some of the most divisive issues in America today.

The story of history is a ceaseless conversation between past and present, and in American DialogueJoseph J. Ellis focuses the conversation on the often-asked question “What would the Founding Fathers think?” He examines four of our most seminal historical figures through the prism of particular topics, using the perspective of the present to shed light on their views and, in turn, to make clear how their now centuries-old ideas illuminate the disturbing impasse of today’s political conflicts. He discusses Jefferson and the issue of racism, Adams and the specter of economic inequality, Washington and American imperialism, Madison and the doctrine of original intent. Through these juxtapositions–and in his hallmark dramatic and compelling narrative voice–Ellis illuminates the obstacles and pitfalls paralyzing contemporary discussions of these fundamentally important issues.

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Free Speech on Campus

Can free speech coexist with an inclusive campus environment?

Hardly a week goes by without another controversy over free speech on college campuses. On one side, there are increased demands to censor hateful, disrespectful, and bullying expression and to ensure an inclusive and nondiscriminatory learning environment. On the other side are traditional free speech advocates who charge that recent demands for censorship coddle students and threaten free inquiry. In this clear and carefully reasoned book, a university chancellor and a law school dean—both constitutional scholars who teach a course in free speech to undergraduates—argue that campuses must provide supportive learning environments for an increasingly diverse student body but can never restrict the expression of ideas. This book provides the background necessary to understanding the importance of free speech on campus and offers clear prescriptions for what colleges can and can’t do when dealing with free speech controversies.

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For Equals Only: Race, Equality, and the Equal Protection Clause

This book philosophically explores how changing conceptions of race and equality have affected Supreme Court interpretations of the Equal Protection Clause of the 14th Amendment to the U.S. Constitution over the years. In the years since the 14th Amendment was ratified in 1868, in its decisions interpreting the Equal Protection Clause, the Supreme Court has switched from using a sociocultural concept of race to using a biological concept of race, and during the same time period has switched from using a social to a legal concept of equality. One result of these trends is the recent emergence of something called ‘reverse discrimination.’ Another result is that the Equal Protection Clause no longer specially protects racialized persons from racial discrimination, as it was originally intended to do. Using the tools of legal hermeneutics, critical philosophy of race, and critical race theory, key cases of racial discrimination in equal protection law are examined through a historical lens. The Supreme Court’s switch, over the years, from interpreting the Equal Protection Clause as specially protecting racialized persons from continued racial discrimination after the end of the institution of chattel slavery, to interpreting the Clause as protecting everyone from racial discrimination, is tracked alongside changing conceptions of race and equality. As the concept of race became biological, the concept of equality became legal, and the result was the elimination of remedying the negative effects of chattel slavery on the equality status of racialized persons from the Supreme Court’s list of priorities.

 

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The Logics of Gender Justice: State Action on Women’s Rights Around the World

When and why do governments promote women’s rights? Through comparative analysis of state action in seventy countries from 1975 to 2005, this book shows how different women’s rights issues involve different histories, trigger different conflicts, and activate different sets of protagonists. Change on violence against women and workplace equality involves a logic of status politics: feminist movements leverage international norms to contest women’s subordination. Family law, abortion, and contraception, which challenge the historical claim of religious groups to regulate kinship and reproduction, conform to a logic of doctrinal politics, which turns on relations between religious groups and the state. Publicly-paid parental leave and child care follow a logic of class politics, in which the strength of Left parties and overall economic conditions are more salient. The book reveals the multiple and complex pathways to gender justice, illuminating the opportunities and obstacles to social change for policymakers, advocates, and others seeking to advance women’s rights.

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Dangerous Leaders: How and Why Lawyers Must Be Taught to Lead

Flint, Michigan’s water crisis, the New Jersey “Bridgegate” scandal, Enron: all these incidents are examples of various forms of leadership failure. More specifically, each represents marked failures among leaders with legal training. When we look closer at one profession from which we often draw our political, business, and organizational leaders―the legal profession―we find a deep chasm between what law schools teach and what the world expects. Legal education ignores leadership, sending the next generation of legally-minded leaders into a dynamic world dangerously unprepared.

Dangerous Leaders exposes the risks and results of leaving lawyers unprepared to lead. It provides law schools, law students, and the legal profession with the leadership tools and models to build a better foundation of leadership acumen. Anthony C. Thompson draws from his twenty years of experience in global executive education for Fortune 100 companies and his experience as a law professor to chart a path forward for better leadership instruction within the legal academy. Using vivid, real-life case studies, Thompson explores catastrophic political, business, and legal failures that have occurred precisely because of a lapse in leadership from those with legal training. He maintains that these practices are chronic leadership failures that could have been avoided. In examining these patterns of failures, it becomes apparent that legal education has fundamentally misread its task.

Thompson proposes a fundamental rethinking of legal education, based upon intersectional leadership, to prepare lawyers to assume the types of roles that our increasingly fast-paced world requires. Intersectional leadership challenges lawyer leaders to see the world through a different lens and expects a form of inclusion and respect for other perspectives and experiences that will prove critical to maneuvering in a complex environment. Dangerous Leaders imparts invaluable tools and lessons to best equip current and future generations of legal leaders.

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Gerrymandering: A Guide to Congressional Redistricting, Dark Money, and the U.S. Supreme Court

In the spring of 2018 the U.S. Supreme Court will render a decision in the Wisconsin gerrymandering case that could have a revolutionary impact on American politics and how legislative representation is chosen. Gerrymandering! A Guide to Congressional Redistricting, Dark Money and the Supreme Court is a unique explanation to understand and act on the Court’s decision, whatever it may be. After describing the importance of legislative representation, the book describes the anatomy of a redistricting n Pennsylvania. That is followed by a review of legislative redistricting in American history and the Supreme Court’s role throughout. The book relates what has happened to the efforts to bring changes to redistricting through the legislatures, including the unseen but omnipresent use of dark money to oppose reforms. The penultimate chapter analyzes the Wisconsin case now pending in the Supreme Court and concludes that anyone relying on the Court’s decision is relying on a firm maybe. Following the text is a Citizen’s Toolbox with which readers throughout the country can evaluate the redistricting situation in their states. The Toolbox is replete with useful information gerrymandering. There are numerous books that tell how bad gerrymandering is, but my book is different, much different. Unlike the others, this book analyzes gerrymandering as developed through the force of history, the hardball politics of state legislatures and scantily disclosed campaign expenditures to maintain it, and the daunting legal challenge for those who want the Supreme Court to adopt a new national standard for determining when gerrymandering is unconstitutional as a violation of the Equal Protection Clause of the 14th Amendment. The daunting challenges is to show the Court that a mathematical formula, such as the efficiency gap formula, is a valid method to measure violations of the 14th amendment’s guarantee that every citizen be given equal protection of the law.

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Pierson v. Post, The Hunt for the Fox: Law and Professionalization in American Legal Culture

The 1805 New York foxhunting case Pierson v. Post has long been used in American property law classrooms to introduce law students to the concept of first possession by asking how one establishes possession of a wild animal. In this book, Professor Angela Fernandez retells the history of the famous fox case, from its origins as a squabble between two wealthy young men on the South Fork of Long Island through its appeal to the New York Supreme Court and entry into legal treatises, law school casebooks, and law journal articles, where it still occupies a central place. Professor Fernandez argues that the dissent is best understood as an example of legal solemn foolery. Yet it has been treated by legal professionals, the lawyers of its day, and subsequent legal academics in such a serious way, demonstrating how the solemn and the silly can occupy two sides of the same coin in American legal history.

 

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Bourbon Justice: How Whiskey Law Shaped America

Bourbon whiskey has made a surprising contribution to American legal history. Tracking the history of bourbon and bourbon law illuminates the development of the United States as a nation, from conquering the wild frontier to rugged individualism to fostering the entrepreneurial spirit to solidifying itself as a nation of laws. Bourbon is responsible for the growth and maturation of many substantive areas of the law, such as trademark, breach of contract, fraud, governmental regulation and taxation, and consumer protection. In Bourbon Justice Brian Haara delves into the legal history behind one of America’s most treasured spirits to uncover a past fraught with lawsuits whose outcome, surprisingly perhaps, helped define a nation.

Approaching the history of bourbon from a legal standpoint, Haara tells the history of America through the development of commercial laws that guided our nation from an often reckless laissez-faire mentality, through the growing pains of industrialization, and past the overcorrection of Prohibition. More than just true bourbon history, this is part of the American story.

Texts from book descriptions. Copyright reserved by publishers.