The role of cities in environmental regulation; Edmund Burke’s and James Madison’s views on violent revolution; and to what extent “thoughtfulness,” or human intelligence and reflection, should be factored into the rule of law—these are a few of the topics NYU Law faculty members tackled in books they published in the past year. They also authored casebooks on topics ranging from tax to copyright to environmental law.
John M. Desmarais Professor of Intellectual Property Law Barton Beebe published the 10th edition of his open-access (and free) Trademark Law casebook and coauthored a book on justifications for trademark limitations, differing from most scholarship, which has focused on trademark protection. Franco Ferrari, Clarence D. Ashley Professor of Law, continued his prolific production, including Portuguese, Spanish, and French editions of a work on international commercial arbitration. The Times Literary Supplement selected In a Human Voice, by University Professor Carol Gilligan, as one of its 2023 books of the year.
A roundup of the books that full-time faculty members published in 2023 is below. Book descriptions are excerpted from publishers’ websites.
General and Academic Titles
Franco Ferrari and Friedrich Rosenfeld eds., Deference in International Commercial Arbitration: The Shared System of Control in International Commercial Arbitration (Wolters Kluwer)
“[This book] is a trailblazing book wherein eminent arbitration practitioners and academics offer the first comprehensive and structured analysis of deference in international arbitration. In international arbitration, deference implies that one decision-maker does not make an autonomous assessment but limits its decision-making power out of respect for the decision or authority of another actor.… The book makes a significant contribution to tracing the boundaries of the multiple layers of control over arbitration proceedings.”
Franco Ferrari, Friedrich Rosenfeld, and Charles Kotuby Jr., Recognition and Enforcement of Foreign Arbitral Awards: A Concise Guide to the New York Convention’s Uniform Regime (Edward Elgar Publishing)
“This incisive book is an indispensable guide to the New York Convention’s uniform regime on recognition and enforcement of foreign arbitral awards. Framing the Convention as a uniform law instrument, the book analyses case law from major arbitration jurisdictions to explain its scope of application, the duty to recognize arbitral agreements and awards as well as their limitations, and the procedure and formal requirements for enforcing arbitral awards.”
Carol Gilligan, In a Human Voice (Polity)
“Carol Gilligan’s landmark book In a Different Voice—the “little book that started a revolution”—brought women’s voices to the fore in work on the self and moral development, enabling women to be heard in their own right, and with their own integrity, for the first time. Forty years later, Gilligan returns to the subject matter of her classic book, re-examining its central arguments and concerns from the vantage point of the present.”
Samuel Issacharoff, Democracy Unmoored: Populism and the Corruption Of Popular Sovereignty (Oxford University Press)
“The 2016 election of Donald Trump focused people’s minds on populism, and most of the attention paid to the subject since has been on the threat it poses to wealthy democracies. In Democracy Unmoored, Samuel Issacharoff takes a far wider-angle view of the phenomenon, covering countries from across the globe: Brazil, Poland, Argentina, Turkey, India, Hungary, Venezuela, and more.”
David A. J. Richards, Revolution and Constitutionalism in Britain and the U.S.: Burke, Madison and Their Contemporary Legacies (Routledge)
“David A. J. Richards offers an investigative comparison of two central figures in late eighteenth-century constitutionalism, Edmund Burke and James Madison, at a time when two great constitutional experiments were in play: the Constitution of the Glorious Revolution of 1688 and the US Constitution of 1787. Richards assesses how much, as liberal Lockean constitutionalists, Burke and Madison shared and yet differed regarding violent revolution, offering three pathbreaking and original contributions about Burke’s importance.”
David A. J. Richards, Love and Violence: Insights from Shakespeare on Ethics, Psychology, Theater and Law (Ethics Press)
“[This] book shows how Shakespeare’s plays offer better insights into the behavior of violent men than Freud’s [works], based on close empirical study of violent criminals; develops a theory of violence rooted in the moral emotions of shame and guilt; and [offers] a cultural psychology of the transition from shame to guilt cultures.”
Danielle Spiegel-Feld, Katrina Miriam Wyman, and John J. Coughlin eds., Global Sustainable Cities: City Governments and Our Environmental Future (New York University Press)
“[This book] takes stock of the policies that have been implemented by cities around the world in recent years in several key areas: water, air pollution, greenhouse gas emissions, and climate adaptation. It examines the advantages—and potential drawbacks—of allowing cities to assume a significant role in environmental regulation, given the legal and political constraints in which cities operate.”
Haochen Sun and Barton Beebe eds., Charting Limitations on Trademark Rights (Oxford University Press)
“Trademark scholarship has to date focused largely on the protection of trademark rights…. [This book] is the first comprehensive academic volume exploring limitations on trademark rights from both the theoretical and comparative perspectives. The volume presents new theoretical ideas justifying trademark rights limitations, re-examines their nature, delineates their scope, and offers comparative studies.”
Jeremy Waldron, Thoughtfulness and the Rule of Law (Harvard University Press)
“This timely essay collection, from one of the most respected political philosophers of his generation, is a brief on behalf of thoughtfulness: the intervention of human intelligence in the application of law. Waldron defends thoughtfulness against the claim that it threatens to replace the rule of law with the arbitrary rule of people.… [Waldron] emphasizes the value of procedures rather than the substance or outcome of legal decisions…[and] shows that real-world controversies often are best approached using a relatively thin concept of the rule of law, together with the thoughtfulness that a legal system frames and enables.”
Kenji Yoshino and David Glasgow, Say the Right Thing: How to Talk About Identity, Diversity and Justice (Atria Books)
“In the current period of social and political unrest, conversations about identity are becoming more frequent and more difficult.… [The authors,] founders of the Meltzer Center for Diversity, Inclusion, and Belonging at NYU School of Law, are here to show potential allies that these conversations don’t have to be so overwhelming. Through stories drawn from contexts as varied as social media posts, dinner party conversations, and workplace disputes, they offer seven user-friendly principles that teach skills such as how to avoid common conversational pitfalls, engage in respectful disagreement, offer authentic apologies, and better support people in our lives who experience bias.”
Foreign Language Titles
Franco Ferrari, Friedrich Rosenfeld, John Fellas, and Rafael Alves, Arbitragem Comercial Internacional - Uma Introdução Comparada (Quartier Latin)
Franco Ferrari, Friedrich Rosenfeld, John Fellas, and Rafael Alves, Arbitraje Comercial Internacional (Marcial Pons)
Franco Ferrari, Friedrich Rosenfeld, and Caroline Kleiner, Arbitrage commercial international: Une approche comparative (Editions A. Pedone)
Casebooks, Textbooks, Supplements, Study Aids, and Reference Works
Anthony G. Amsterdam and Randy Hertz, Trial Manual 8 for the Defense of Criminal Cases (American Law Institute)
Joseph Bankman, Daniel N. Shaviro, Kirk J. Stark, and Erin Adele Scharff, Federal Income Taxation (Aspen Publishing 19th ed.)
Barton Beebe, Trademark Law: An Open-Access Casebook (Version 10)
Stephen J. Choi and A.C. Pritchard, Securities Regulation: Statutory Supplement (West Academic Publishing)
E. Allan Farnsworth, Carol Sanger, Neil B. Cohen, Richard R.W. Brooks, and Larry T. Garvin, Contracts: Cases and Materials (West Academic Publishing 10th ed.)
E. Allan Farnsworth, Carol Sanger, Neil B. Cohen, Richard R.W. Brooks, and Larry T. Garvin, Selections for Contracts (West Academic Publishing)
Eleanor Fox and Damien Gerard, EU Competition Law (Edward Elgar Publishing 2d ed.)
Daniel Francis and Christopher Jon Sprigman, Antitrust: Principles, Cases, and Materials (American Bar Association)
Jack H. Friedenthal, Arthur R. Miller, John E. Sexton, Helen Hershkoff, Adam N. Steinmen, and Troy A. Mckenzie, 2023-2024 Civil Procedure Supplement for Use With All Pleading and Procedure Casebooks (West Academic Publishing)
Jeanne C. Fromer and Christopher Jon Sprigman, Copyright Law: Cases and Materials (Version 5.0)
Brant J. Hellwig and Robert T. Danforth, Estate and Gift Taxation (Carolina Academic Press 4th ed.)
Stefan Kroll, Andrea K. Bjorklund, and Franco Ferrari eds, Cambridge Compendium of International Commercial and Investment Arbitration (Cambridge University Press)
Arthur R. Miller, Michael H. Davis, and Dana Neacsu, Intellectual Property, Patents, Trademarks, and Copyright in a Nutshell (West Academic Publishing 7th ed.)
Richard Revesz, Michael A. Livermore, Caroline Cecot, and Jayni Foley Hein, Environmental Law and Policy (West Academic Publishing 5th ed.)
Charles A. Wright, Arthur R. Miller, and Edward H. Cooper, Federal Practice and Procedure: Jurisdiction and Related Matters, Volume 14B (Thompson Reuters 5th ed.)
Posted December 18, 2023