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  Children in Armed Conflict, in Oxford Handbook of Children’s Rights Law (Jonathan Todres & Shani M. King eds., 2020)

  Mark A. Drumbl

  This chapter addresses a particularly vulnerable population of children, namely, children associated with armed forces or armed groups. These children are colloquially known as child soldiers. This chapter begins by surveying the prevalence of child soldiering globally. It then sets out the considerable amount of international law that addresses children in armed conflict, in particular, the law that allocates responsibility for child soldiering and the law that sets out the responsibility of child soldiers for their conduct. The chapter identifies significant gaps between the law and the securing of positive outcomes for former child soldiers, notably when it comes to post-conflict reintegration. The protective impulse that envisions militarized youth as faultless passive victims may not always reflect how youthful fighters see themselves nor necessarily support an emancipatory and empowering vision of how international law should promote the rights of children.

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  Profits v. Principles, in The Perilous Public Square: Structural Threats to Free Expression Today (David E. Pozen ed., 2020)

  Sarah C. Haan

  Americans of all political persuasions fear that “free speech” is under attack. This may seem strange at a time when legal protections for free expression remain strong and overt government censorship minimal. Yet a range of political, economic, social, and technological developments have raised profound challenges for how we manage speech. New threats to political discourse are mounting—from the rise of authoritarian populism and national security secrecy to the decline of print journalism and public trust in experts to the “fake news,” trolling, and increasingly subtle modes of surveillance made possible by digital technologies.

  The Perilous Public Square brings together leading thinkers to identify and investigate today’s multifaceted threats to free expression. They go beyond the campus and the courthouse to pinpoint key structural changes in the means of mass communication and forms of global capitalism

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  Digitized Election Administration: Perils and Promise, in America Votes! Challenges to Modern Election Law and Voting Rights (4th ed. 2020)

  Margaret Hu and Rebecca Green

  Watergate brought us the modern era of campaign finance regulation. Government by the consent of the governed has become government by the consent of the rich. After Citizens United, dark money has become the currency for political engagement. At the same time, the Supreme Court in Shelby County ushered in a return to limits on access to registration and voting. The Supreme Court also continues to struggle to define unconstitutional gerrymandering. America Votes! Fourth Edition confronts these issues.

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  Federal Income Taxation of Trusts and Estates: Cases, Problems, and Materials (4th ed. 2019)

  Mark L. Ascher and Robert T. Danforth

  Federal Income Taxation of Trusts and Estates: Cases, Problems, and Materials examines the income taxation of estates and trusts, estate and trust beneficiaries, and trust settlors; its emphasis is on the provisions of "Subchapter J"— the relevant portion of the Internal Revenue Code (sections 641 through 692)—and its first priority is to give readers an understanding of those provisions and how they work. The fourth edition brings the book completely up to date, and includes all relevant developments since the preparation of the third edition. In addition, there are numerous expansions of note materials to accommodate developments over the past ten years.

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  Women's Legal Rights, in Oxford Research Encyclopedia of African History (2019)

  Johanna E. Bond

  In the colonial and postcolonial period, African women have advocated for legal reforms that would improve the status of women across the continent. During the colonial period, European common and civil law systems greatly influenced African indigenous legal systems and further entrenched patriarchal aspects of the law. In the years since independence, women’s rights advocates have fought, with varying degrees of success, for women’s equality within the constitution, the family, the political arena, property rights, rights to inheritance, rights to be free from gender-based violence, rights to control their reproductive lives and health, rights to education, and many other aspects of life. Legal developments at the international, national, and local levels reflect the efforts of countless African women’s rights activists to improve the status of women within the region.

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  Comparative Law and Legal Education, in The Oxford Handbook of Comparative Law (Mathias Reimann & Reinhard Zimmermann eds., 2d ed. 2019)

  Nora V. Demleitner

  This fully revised and updated second edition of The Oxford Handbook of Comparative Law provides a wide-ranging and diverse critical survey of comparative law at the beginning of the twenty-first century. It summarizes and evaluates a discipline that is time-honored but not easily understood in all its dimensions. In the current era of globalization, this discipline is more relevant than ever, both on the academic and on the practical level. The Handbook is divided into three main sections. Section I surveys how comparative law has developed and where it stands today in various parts of the world. This includes not only traditional model jurisdictions, such as France, Germany, and the United States, but also other regions like Eastern Europe, East Asia, and Latin America. Section II then discusses the major approaches to comparative law - its methods, goals, and its relationship with other fields, such as legal history, economics, and linguistics. Finally, section III deals with the status of comparative studies in over a dozen subject matter areas, including the major categories of private, economic, public, and criminal law.

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  Histories of the Jewish ‘Collaborator’: Exile, Not Guilt, in The New Histories of International Criminal Law: Retrials (Immi Tallgren & Thomas Skouteris eds., 2019)

  Mark A. Drumbl

  The language of international criminal law has considerable traction in global politics, and much of its legitimacy is embedded in apparently 'axiomatic' historical truths. This innovative edited collection brings together some of the world's leading international lawyers with a very clear mandate in mind: to re-evaluate ('retry') the dominant historiographical tradition in the field of international criminal law. Carefully curated, and with contributions by leading scholars, The New Histories of International Criminal Law pursues three research objectives: to bring to the fore the structure and function of contemporary histories of international criminal law, to take issue with the consequences of these histories, and to call for their demystification. The essays discern several registers on which the received historiographical tradition must be retried: tropology; inclusions/exclusions; gender; race; representations of the victim and the perpetrator; history and memory; ideology and master narratives; international criminal law and hegemonic theories; and more. This book intervenes critically in the fields of international criminal law and international legal history by bringing in new voices and fresh approaches. Taken as a whole, it provides a rich account of the dilemmas, conundrums, and possibilities entailed in writing histories of international criminal law beyond, against, or in the shadow of the master narrative.

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  US Courts, Jurisdiction, and Mutual Trust: RJR Nabisco v. European Community, in Dealing with Terrorism: Empirical and Normative Challenges of Fighting the Islamic State (Marc Engelhart & Sunčana Roksandić Vidlička eds., 2019)

  Mark A. Drumbl

  In Dealing with Terrorism – Empirical and Normative Challenges for Fighting the Islamic State an international panel of experts analyses current trends and new developments in legal systems and in law enforcement in Europe as well as in the USA and the Middle East. Offering a succinct overview with special focus on criminal law, police law, and European and international law, the book provides unique insights into what dealing with terrorism means to European and non-European countries. It includes material from non-English-speaking countries that is seldom available to a broader academic community. Its comparative approach offers readers three levels of understanding: by country, in terms of the European Union, and the international community as a whole. The book is geared at specialists in national and international institutions, scholars, and students in the field but will also be of great interest to the wider legal community. Its profound insights and expert perspectives enhance the ongoing national and international debate on public security issues by striking a balance between freedom and security.

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  When Perpetrators Become Defendants, and then Convicts, in Routledge International Handbook on Perpetrator Studies (Susanne C. Knittel & Zachary J. Goldberg eds., 2019)

  Mark A. Drumbl

  The Routledge International Handbook of Perpetrator Studies traces the growth of an important interdisciplinary field, its foundations, key debates and core concerns, as well as highlighting current and emerging issues and approaches and pointing to new directions for enquiry. With a focus on the perpetrators of mass killings, political violence and genocide, the handbook is concerned with a range of issues relating to the figure of the perpetrator, from questions of definition, typology, and conceptual analysis, to the study of motivations and group dynamics to questions of guilt and responsibility, as well as representation and memory politics. Offering an overview of the field, its essential concepts and approaches, this foundational volume presents contemporary perspectives on longstanding debates and recent contributions to the field that significantly expand the theoretical, temporal, political, and geographical discussion of perpetrators and their representation through literature, film, and art. It points to emerging areas and future trends in the field, thus providing scholars with ideas or encouragement for future research activity. As such, It will appeal to scholars across a range of disciplines, including sociology, anthropology, criminology, philosophy, memory studies, psychology, political science, literary studies, film studies, law, cultural studies and visual art.

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  Research Handbook on Child Soldiers (Mark A. Drumbl & Jastine C. Barrett eds., 2019)

  Mark A. Drumbl and Jastine C. Barrett

  Child soldiers remain poorly understood and inadequately protected, despite significant media attention and many policy initiatives. This Research Handbook aims to redress this troubling gap. It offers a reflective, fresh and nuanced review of the complex issue of child soldiering. The Handbook brings together scholars from six continents, diverse experiences, and a broad range of disciplines. Along the way, it unpacks the life-cycle of youth and militarization: from recruitment to demobilization to return to civilian life. The overarching aim of the Handbook is to render the invisible visible – the contributions map the unmapped and chart new directions. Challenging prevailing assumptions and conceptions, the Research Handbook on Child Soldiers focuses on adversity but also capacity: emphasizing the resilience, humanity, and potentiality of children affected (rather than ‘afflicted’) by armed conflict.

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  Article 38: The Rights of Children in Armed Conflict, in The UN Convention on the Rights of the Child: A Commentary (John Tobin ed., 2019)

  Mark A. Drumbl and John Tobin

  The United Nations Convention on the Rights of the Child is the most extensive and widely ratified international human rights treaty. This Commentary offers a comprehensive analysis of each of the substantive provisions in the Convention and its Optional Protocols on Children and Armed Conflict and the Sale of Children, Child Prostitution and Pornography. It offers a detailed insight into the drafting history of these instruments, the scope and nature of the rights accorded to children and the obligations imposed on states to secure the implementation of these rights. In doing so, it draws on the work of the Committee on the Rights of the Child, international, regional and domestic courts, academic and interdisciplinary scholarly analyses. It is of relevance to anyone working on matters affecting children including government officials, policy makers, judicial officers, lawyers, educators, social workers, health professionals, academics, aid and humanitarian workers, and members of civil society.

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  The Optional Protocol on Children and Armed Conflict, in The UN Convention on the Rights of the Child: A Commentary (John Tobin ed., 2019)

  Mark A. Drumbl and John Tobin

  The United Nations Convention on the Rights of the Child is the most extensive and widely ratified international human rights treaty. This Commentary offers a comprehensive analysis of each of the substantive provisions in the Convention and its Optional Protocols on Children and Armed Conflict and the Sale of Children, Child Prostitution and Pornography. It offers a detailed insight into the drafting history of these instruments, the scope and nature of the rights accorded to children and the obligations imposed on states to secure the implementation of these rights. In doing so, it draws on the work of the Committee on the Rights of the Child, international, regional and domestic courts, academic and interdisciplinary scholarly analyses. It is of relevance to anyone working on matters affecting children including government officials, policy makers, judicial officers, lawyers, educators, social workers, health professionals, academics, aid and humanitarian workers, and members of civil society.

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  Tax Credits for the Working Poor: A Call for Reform (2019)

  Michelle Lyon Drumbl

  The United States introduced the earned income tax credit (EITC) in 1975, where it remains the most significant earnings-based refundable credit in the Internal Revenue Code. While the United States was the first country to use its domestic revenue system to deliver and administer social welfare benefits to lower-income individuals or families, a number of other countries, including New Zealand and Canada, have experimented with or incorporated similar credits into their tax systems. In this work, Michelle Lyon Drumbl, drawing on her extensive advocacy experience representing low-income taxpayers in EITC audits, analyzes the effectiveness of the EITC in the United States and offers suggestions for how it can be improved. This timely book should be read by anyone interested in how the EITC can be reimagined to better serve the working poor and, more generally, whether the tax system can promote social justice.

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  Early Roadway Construction and Establishing the Norm of Just Compensation for Takings, in Property Rights in Contemporary Governance (Staci M. Zavattaro et al. eds., 2019)

  Jill M. Fraley

  Property is a concept that is seemingly simple to understand yet continually evolving in the face of cultural change and technological advance. Property Rights in Contemporary Governance examines the many meanings of property, how they have changed over time, and the roles they play in policy, society, and law. With its deeply interdisciplinary approach, the book offers perspectives from economics, environmental studies, history, law, philosophy, public administration, and public policy. The contributors discuss such topics as the origin of the corporation, the role of the takings law, the development of legal protections for financial instruments in nineteenth-century France, the impact of climate change, the shifts in philosophical conceptions of property required by advances in intellectual property rights, and the influence of new technologies, including drones. This is a comprehensive and thoughtful exploration of how our diverse understandings of property impact real-world governing strategies.

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  Estate and Gift Taxation (3d ed. 2019)

  Brant J. Hellwig and Robert T. Danforth

  Estate and Gift Taxation, now in its third edition, provides teaching materials for a course on the U.S. transfer tax system as it exists following enactment of the Tax Cuts and Jobs Act of 2017.

  The text opens with an overview of the federal transfer tax regime, one intended to introduce students to the basic structures of the estate tax, gift tax, and generation-skipping transfer (GST) tax. After this introduction, the text proceeds to examine the estate tax and gift tax bases primarily in a context-specific (e.g., life insurance, retained-interest transfers, marital transfers) manner, and the majority of the text is devoted to these topics. The text then transitions to a discussion of the GST tax base and allocation of the GST tax exemption, followed by a discussion of the special valuation rules under Chapter 14 (apart from § 2702, which is addressed earlier in the context of retained-interest transfers). The text closes with a chapter devoted to the application of the U.S. transfer tax regime in the international setting.

  The text differs considerably from the traditional casebook format. Critical passages of important cases or rulings generally are limited to excerpts in the overview, and edited opinions of seminal decisions appear on only a handful of occasions. Each chapter closes with a set of sophisticated, practice-oriented problems that require students to spot and resolve issues that would be encountered in an estate planning practice.

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  Understanding Estate and Gift Taxation (2d ed. 2019)

  Brant J. Hellwig and Robert T. Danforth

  Understanding Estate and Gift Taxation is designed primarily for use by law students taking a course on the United States transfer tax system, i.e., a course on the estate, gift, and generation-skipping transfer taxes. The book consists of 26 chapters, each addressing one of the basic topics typically covered in a course on the transfer tax system, including the computation of estate, gift, and generation-skipping transfer taxes; the gift tax annual exclusion; the estate and gift tax marital deductions; and the estate and gift tax implications of transfers with retained powers or interests. Because the Internal Revenue Code and Treasury Regulations are the primary source materials for the transfer tax system, the book includes numerous excerpts of those provisions. Each chapter also includes summaries of the leading cases and IRS rulings, plus examples of how this area of the law applies to common fact patterns.

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  Managerial Duties in Social Enterprise: The Public Benefit Corporation, in The Cambridge Handbook of Social Enterprise Law (Benjamin Means & Joseph W. Yockey eds., 2019)

  Lyman P.Q. Johnson

  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-profit organizations, 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. In this comprehensive volume, Benjamin Means and Joseph W. Yockey bring together leading legal scholars and practitioners to offer an authoritative guide to social enterprise law and policy. The Cambridge Handbook of Social Enterprise Law 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.

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  Brāhmaṇa as Commentary, in Self, Sacrifice, and Cosmos: Vedic Thought, Ritual and Philosophy: Essays in Honor of Professor Ganesh Umakant Thite’s Contribution to Vedic Studies (Lauren M. Bausch ed., 2019)

  Timothy Lubin

  The eleven articles in this volume mark a significant advance in Vedic studies. Contributions range widely across critical topics in early, middle, and late Vedic texts and their commentaries, as well as classical themes in contemporary Sanskrit literature. Essays elucidate the explanations and arguments found in Brahmana texts, the historical and ecological development of Vedic ritual, concepts and underlying messages in Vedic texts, anachronisms in commentarial exegesis, and literary devices in narrative. From a variety of philological, philosophical, ritual, gender, and literary approaches, these articles shed new light on our understanding of these seminal texts of Indian religion and philosophy.

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  The Late Appearance of the Gṛhastha in the Vedic Domestic Ritual Codes as a Married Religious Professional, in Gṛhastha: The Householder in Ancient Indian Religious Culture (Patrick Olivelle ed., 2019)

  Timothy Lubin

  This volume problematizes the figure of the householder within ancient Indian culture and religion. It shows that the term gṛhastha is a neologism and is understandable only in its opposition to the ascetic who goes away from home (pravrajita). Through a thorough and comprehensive analysis of a wide range of inscriptions and texts, ranging from the Vedas, Dharmasastras, Epics, and belle lettres to Buddhist and Jain texts and texts on governance and erotics, this volume analyses the meanings, functions, and roles of the householder from the earliest times unti about the fifth century CE. The central finding of these studies is that the householder bearing the name gṛhastha is not simply a married man with a family but someone dedicated to the same or similar goals as an ascetic while remaining at home and performing the economic and ritual duties incumbent on him. The gṛhastha is thus not a generic householder, for whom there are many other Sanskrit terms, but a religiously charged concept that is intended as a full-fledged and even superior alternative to the concept of a religious renouncer.

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  Fundamentals of Partnership Taxation: Cases and Materials (11th ed. 2019)

  Stephen Schwarz, Daniel J. Lathorpe, and Brant J. Hellwig

  The Eleventh Edition of this widely used casebook continues its long tradition of teaching the “fundamentals” of a highly complex subject with clear and engaging explanatory text, skillfully drafted problems, and a rich and well edited mix of original source materials to accompany the Code and regulations. This extensive revision discusses all significant developments since the last edition, including relevant provisions of the 2017 tax legislation known as the Tax Cuts and Jobs Act. Highlights of new material covered in the Eleventh Edition are:

  • The deduction under § 199A for 20% of qualified business income from a pass-through entity. The discussion incorporates the final regulations, and includes a new problem set.
  • The impact on choice of entity of the 21% corporate income tax rate, lower individual income tax rates, the 20% deduction for qualified business income, and other tax and business planning considerations.
  • The three-year long-term holding period required by § 1061 for capital gains allocable to service partners with carried interests.
  • Final, temporary and proposed regulations on partnership liabilities and the special treatment of bottom dollar payment obligations.
  • New limitations in § 461(l) on excess business losses.
  • Technical changes to Subchapter K, including the expanded definition of “substantial built-in loss” under § 743(b) and repeal of the technical termination rule in § 708.
  • S corporation developments, including the requirement to pay reasonable compensation to shareholder-employees for purposes of the § 199A qualified business income deduction.

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  Empirical Studies Relating to Patents - Presumption of Validity, in Research Handbook on the Economics of Intellectual Property Law - Vol. II: Analytical Methods (Peter Menell et al. eds., 2019)

  Christopher B. Seaman

  Both law and economics and intellectual property law have expanded dramatically in tandem over recent decades. This field-defining two-volume Handbook, featuring the leading legal, empirical, and law and economics scholars studying intellectual property rights, provides wide-ranging and in-depth analysis both of the economic theory underpinning intellectual property law, and the use of analytical methods to study it.

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  Enhanced Damages, Litigation Cost Recovery, and Interest, in Patent Remedies and Complex Products: Toward a Global Consensus (Brad Biddle et al. eds., 2019)

  Christopher B. Seaman, Colleen V. Chien, Jorge L. Contreras, Thomas F. Cotter, Brian J. Love, and Norman Siebrasse

  Through a collaboration among twenty legal scholars from eleven countries in North America, Europe and Asia, Patent Remedies and Complex Products presents an international consensus on the use of patent remedies for complex products such as smartphones, computer networks and the Internet of Things. It covers the application of both monetary remedies like reasonable royalties, lost profits, and enhanced damages, as well as injunctive relief. Readers will also learn about the effect of competition laws and agreements to license standards-essential patents on terms that are 'fair, reasonable and non-discriminatory' (FRAND) on patent remedies. Where national values and policy make consensus difficult, contributors discuss the nature and direction of further research required to resolve disagreements.

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  Lost Profits and Disgorgement, in Patent Remedies and Complex Products: Toward a Global Consensus (Brad Biddle et al. eds., 2019)

  Christopher B. Seaman, Thomas F. Cotter, Brian J. Love, Norman Siebrasse, and Suzuki Masabumi

  Through a collaboration among twenty legal scholars from eleven countries in North America, Europe and Asia, Patent Remedies and Complex Products presents an international consensus on the use of patent remedies for complex products such as smartphones, computer networks and the Internet of Things. It covers the application of both monetary remedies like reasonable royalties, lost profits, and enhanced damages, as well as injunctive relief. Readers will also learn about the effect of competition laws and agreements to license standards-essential patents on terms that are 'fair, reasonable and non-discriminatory' (FRAND) on patent remedies. Where national values and policy make consensus difficult, contributors discuss the nature and direction of further research required to resolve disagreements.

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  The Challenges of Parity: Increasing Women’s Participation in Informal Justice Systems within Sub-Saharan Africa, in Gender Parity and Mulitcultural Feminism: Towards a New Synthesis (Ruth Rubio Marin & Will Kymlicka eds., 2018)

  Johanna E. Bond

  Around the world, we see a 'participatory turn' in the pursuit of gender equality, exemplified by the adoption of gender quotas in national legislatures to promote women's role as decision-makers. We also see a 'pluralism turn', with increasing legal recognition given to the customary law or religious law of minority groups and indigenous peoples. To date, the former trend has primarily benefitted majority women, and the latter has primarily benefitted minority men. Neither has effectively ensured the participation of minority women. In response, multicultural feminists have proposed institutional innovations to strengthen the voice of minority women, both at the state level and in decisions about the interpretation and evolution of cultural and religious practices. This volume explores the connection between gender parity and multicultural feminism, both at the level of theory and in practice. The authors explore a range of cases from Europe, Latin America, the Middle East, and Africa, in relation to state law, customary law, religious law, and indigenous law. While many obstacles remain, and many women continue to suffer from the paradox of multicultural vulnerability, these innovations in theory and practice offer new prospects for reconciling gender equality and pluralism.

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  Collateral Sanction and American Exceptionalism: A Comparative Perspective, in American Exceptionalism in Crime and Punishment (Kevin R. Reitz ed., 2018)

  Nora V. Demleitner

  Across the U.S., there was an explosion of severity in nearly every form of governmental response to crime from the 1970s through the 2000s. This book examines the typically ignored forms punishment in America beyond incarceration and capital punishment to include probation and parole supervision rates-and revocation rates, an ever-growing list of economic penalties imposed on offenders, and a web of collateral consequences of conviction unimaginable just decades ago. Across these domains, American punitiveness exceeds that in other developed democracies-where measurable, by factors of five-to-ten. In some respects, such as rates of incarceration and (perhaps) correctional supervision, the U.S. is the world "leader." Looking to Europe and other English-speaking countries, the book's contributors shed new light on America's outlier status, and examine its causes. One causal theory examined in detail is that the U.S. has been exceptional not just in penal severity since the 1970s, but also in its high rates of high rates of homicide and other serious violent crimes. With leading researchers from many fields and national perspectives, American Exceptionalism in Crime and Punishment shows that the largest problems of crime and justice cannot be brought into focus from the vantage point of any one jurisdiction. Looking cross-nationally, the book addresses what it would take for America to rejoin the mainstream of the Western world in its uses of criminal penalties.