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  The Master’s Tools Will Not Dismantle the Master’s House: Hip Hop, Young M.A., and Gender Norms, in Fight the Power: Law and Policy through Hip-Hop Songs (Gregory Parks & Frank Rudy Cooper eds., 2022)

  Catherine E. Smith and Zoe Smith-Holladay

  Zoe Smith-Holladay and Catherine Smith consider Young M.A.’s 2018 song, “Pettywap,” and her general gender-bending image in order to evaluate rapid social change on gender and sex orientation in light of continuing misogyny. As a self-identified, same-gender-loving Black female hip-hopper, Young M.A. offers authentic, playful, rhythmic taunts often combined with a sexually charged energy and boastful lyrics. The United States Supreme Court recently decided a trio of cases that hinge on employers’ arguments that they are justified in firing LGBT people for their failure to meet an employer’s gender expectations. As such, will analyze how one of hip-hop music’s most intriguing and up-and-coming artists pushes – and reinforces – pervasive cultural gender and sexual stereotypes, and, how courts respond to our rapidly changing gender norms.

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  Global Intersectionality and Contemporary Human Rights (2021)

  Johanna Bond

  Global Intersectionality and Contemporary Human Rights argues for an expansive definition of human rights, one that encompasses the harm caused by multiple, intersecting forms of subordination. Intersectionality theory posits that aspects of identity, such as race and gender, are mutually constitutive and intersect to create unique experiences of discrimination and subordination. Perpetrators of sexual violence in armed conflict, of example, often target women based on both gender and ethnicity. Human rights remedies that fail to capture the intersectional nature of human rights violations do not offer comprehensive redress to victims.

  This title explores the influence of intersectionality theory on human rights in the modern era and traces the evolution of intersectionality as a theoretical framework in the United States and around the world. It draws upon feminist theory and human rights jurisprudence to argue that scholars and activists have under-utilized intersectionality theory in the global discourse of human rights. As the central intergovernmental organization charged with the protection of human rights, the United Nations has been slow to embrace the insights gained from intersectionality theory. This work argues that the United Nations and other human rights organizations must more actively embrace intersectionality as an analytical framework in order to fully address the complexity of human rights violations around the world.

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  Intersectionality, Women’s Rights in Africa, and the Maputo Protocol, in Patriarchy and Gender in Africa (Veronica Fynn Bruey ed., 2021)

  Johanna E. Bond

  This timely and expansive multidisciplinary and transdisciplinary collection dissects precolonial, colonial, and post-independence issues of male dominance, power, and control over the female body in the legal, socio-cultural, and political contexts in Africa. Contributors focus on the historical, theoretical, and empirical narratives of intersecting perspectives of gender and patriarchy in at least ten countries across the major sub-regions of the African continent. In these well-researched chapters, authors provide a deeper understanding of patriarchy and gender inequality in identifying misogyny, resisting male supremacy, reforming discriminatory laws, embracing human-centered public policies, expanding academic scholarship on the continent, and more.

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  Companies Are People Too (2021)

  Carliss Chatman

  Companies are People Too is a children's book that addresses the fundamental notion of personhood and how it enables companies to do business in the world just like human beings. It gives some everyday examples of what personhood allows a business to do—like having employees, signing contracts, and suing or being sued.

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  Prosecutors and Sentencing, in The Oxford Handbook of Prosecutors and Prosecution (Ronald F. Wright et al. eds., 2021)

  Nora V. Demleitner

  This Handbook connects the dots among existing theoretical and empirical research related to prosecutors. Major sections of the volume cover (1) prosecutor performance during distinct phases of a criminal case, (2) the features of the prosecutor's environment, both inside the office and external to the office, that influence the choices of individual prosecutors and office leaders, and (3) prosecutorial strategies and priorities when dealing with specialized types of crimes, victims, and defendants. Taken together, the chapters in this volume identify the founding texts, discuss leading theoretical and methodological approaches, explain the scope of unresolved issues, and preview where this field is headed. The volume provides a bottom-up view of an important new scholarly field.

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  Taking the Mystery Out of Examinations—The Audit Process, in Effectively Representing Your Client Before the IRS (8th ed. 2021)

  Michelle Lyon Drumbl and Tom Greenaway

  Published by the American Bar Association Tax Section and now in its 8th Edition, Effectively Representing Your Client Before the IRS is a comprehensive collection of everything a tax professional should know when dealing with the IRS. Written by some of the most experienced tax controversy lawyers in the United States, this two-volume reference provides an in-depth discussion of the law and is replete with realistic examples and hundreds of practice tips to aid tax practitioners during all stages of representation before the IRS in controversy matters, including exam, appeals, Tax Court, refund actions, and collection matters. The companion website contains select audio and video recordings, gleaned from past ABA Tax Section meetings and webinars, and is supplemented with meeting materials relevant to practice.

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  Runaway Technology: Can Law Keep Up? (2021)

  Joshua A.T. Fairfield

  In an era of corporate surveillance, artificial intelligence, deep fakes, genetic modification, automation, and more, law often seems to take a back seat to rampant technological change. To listen to Silicon Valley barons, there's nothing any of us can do about it. In this riveting work, Joshua A. T. Fairfield calls their bluff. He provides a fresh look at law, at what it actually is, how it works, and how we can create the kind of laws that help humans thrive in the face of technological change. He shows that law can keep up with technology because law is a kind of technology - a social technology built by humans out of cooperative fictions like firms, nations, and money. However, to secure the benefits of changing technology for all of us, we need a new kind of law, one that reflects our evolving understanding of how humans use language to cooperate.

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  Commentary on Pierson v. Post, in Feminist Judgments: Rewritten Opinions in Property (Eloisa C. Rodriguez-Dod & Elena Maria Marty-Nelson eds., 2021)

  Jill M. Fraley

  How could feminist perspectives and methods change the shape of property law? This volume assembles a group of diverse scholars to explore this question by presenting fundamental property law cases rewritten from a feminist perspective. The cases cover a broad range of property law topics, from landlord-tenant rights and obligations, patents, and zoning to publicity rights, land titles, concurrent ownership, and takings. These rewritten opinions and their accompanying commentaries demonstrate how incorporating feminist theories and methods could have made property law more just and equitable for women and marginalized groups. The book also shows how property law is not neutral but is shaped by the society that produces it and the judges who apply it.

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  Property: Hypotheticals, Self-Assessment Rubrics, and Tools for Success (2021)

  Jill M. Fraley

  An innovative exam preparation tool, Property: Hypotheticals, Self-Assessment Rubrics, and Tools for Success addresses crucial problems students face as they approach exams. Exam-style hypotheticals are hard to find and never have detailed grading rubrics that will produce accurate scoring and actionable feedback. This book is equally helpful as a supplement to the basic property law course, a coursebook for academic success, or a practice book for the bar.

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  The Corporation’s Political Purpose, in Research Handbook on Corporate Purpose and Personhood (Elizabeth Pollman & Robert Thompson eds., 2021)

  Sarah C. Haan

  Featuring contributions from leading scholars, the Research Handbook invites readers to reconsider corporate purpose and personhood by offering a perceptive route to better understand changes that are already apparent in the modern corporation across the world. It provides examples of how a 21st century lens for viewing corporate purpose and personhood will leave us with a different picture and a new understanding of these topics, as well as future directions in corporate social responsibility. Chapters offer analysis of a wide range of topics related to corporate purpose and personhood, including shareholder primacy, stakeholder governance, corporate social responsibility and benefit corporations.

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  The Three Fiduciaries of Delaware Corporate Law—and Eisenberg's Error, in Fiduciary Obligations in Business (Arthur B. Laby & Jacob Hale Russell eds., 2021)

  Lyman Johnson

  This chapter argues that corporate law is unique in a way that is not widely recognized, and is not unique in the way it is widely thought to be.

  First, unlike other fields of law where fiduciary obligations play a key role, in corporate law, not one, not two, but three distinct actors owe fiduciary duties—executive officers, directors, and controlling shareholders. The beneficiaries of those actors' duties, the reasons for imposing duties, and the scope and demands of fiduciary duties differ for the three actors. Thus, there is not a singular duty of care and loyalty in Delaware corporate law, but multiple variations of those duties owed by multiple actors. Delaware has a law of fiduciaries, not a fiduciary law.

  Second, this chapter challenges the supposed standard of conduct-standard of review divergence first hailed in 1993 by Professor Melvin Eisenberg as unique to corporate law. The construct was descriptively inaccurate as a matter of corporate law doctrine when Professor Eisenberg first wrote, it has been little used by the Supreme Court since then—only one Supreme Court decision since 1993 uses both "standard of conduct" and "standard of review" in the same opinion—and the standards often converge rather than diverge. Where divergence does exist—infrequently—it is doubtful that unenforced standards of conduct can properly be considered to be "law" or that such divergence serves any useful purpose.

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  Gilbert Law Summaries: Criminal Procedure (20th ed. 2021)

  Paul Marcus and Melanie D. Wilson

  A criminal procedure outline that highlights all of the key criminal procedure decisions from the U.S. Supreme Court in an easy-to-read and easy-to-understand format that includes check lists, visual aids, and practice exam questions (and answers) ― both essay and short answer.

  Topics covered include: Fourth Amendment search and seizure ― including arrests and other detentions; the exclusionary rule; confessions ― including the rules established by Miranda v. Arizona and the Fifth Amendment privilege against compelled self-incrimination; and a discussion of trial rights ― such as the right to a speedy trial, the right to trial by jury, and the right to counsel. The outline also discusses bail, the government’s “Brady” obligations to disclose exculpatory evidence, the burden of proof, guilty pleas, sentencing, the death penalty, ex post facto issues, appellate rights, habeas corpus, prisoners’ rights, double jeopardy, and juvenile offenders.

  The outline is an effective supplement to all criminal procedure textbooks, and standing alone provides a sound overview of all major constitutional criminal procedure issues.

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  Of Courtiers and Princes: Stories of Lower Court Clerks and Their Judges (Todd C. Peppers ed., 2021)

  Todd C. Peppers

  Drawing on contributions from former law clerks and judicial scholars—including an essay by Ruth Bader Ginsburg—the book provides an inside look at the professional and personal bonds that form between lower court judges and their clerks. While the individual essays often focus on a single judge and his or her corps of law clerks, including their selection process, contributions, and even influence, the book as a whole provides a macro-level view of the law clerk’s role in the rapidly changing world of lower federal and state courts, thereby offering an unusual yet crucial perspective on the inner workings of our judicial system.

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  The Role of Women Entrepreneurs in Rebuilding a Nation: The Rwandan Model, in Music, Business and Peacebuilding (Constance Cook Glen & Timothy L. Fort eds., 2021)

  Abbey R. Stemler and Karen E. Woody

  Business schools are placing more emphasis on the role of business in society. Top business school accreditors are shifting to mandating that schools teach their students about the social impact of business, including AACSB standards to require the incorporation of business impact on society into all elements of accredited institutions. Researchers are also increasingly focused on issues related to sustainability, but in particular to business and peace as a field.

  A strong strain of scholarship argues that ethics is nurtured by emotions and through aesthetic quests for moral excellence. The arts (and music as shown specifically in this book) can be a resource to nudge positive emotions in the direction toward ethical behavior and, logically, then toward peace. Business provides a model for positive interactions that not only foster long-term successful business but also incrementally influences society. This book provides an opportunity for integration and recognition of how music (and other art forms) can further encourage business toward the direction of peace while business provides a platform for the dissemination and modeling of the positive capabilities of music toward the aims of peace in the world today.

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  Fifty States, but No Room for the Stateless, in Atlas of the Stateless: Facts and Figures about Exclusion and Displacement (Ulrike Lauerhass et al. eds, 2020)

  David C. Baluarte

  “Give me your tired, your poor / Your huddled masses yearning to breathe free...” says a plaque on the Statue of Liberty in New York. Since its founding, the United States has welcomed immigrants and has granted them citizenship. Their children born on American soil automatically become US nationals. The current US administration is trying to overturn this proud tradition.

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  Children in Armed Conflict, in The 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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  Foreword, in From the Texas Cotton Fields to the United States Tax Court: The Life Journey of Juan F. Vasquez (Mary Theresa Vasquez & Anthony Head, 2020)

  Brant J. Hellwig

  The story of the life of the first Hispanic American appointed to serve as a judge on the United States Tax Court. An educational and inspirational story of a professional career, the book is accessible to lawyers and laypersons of all ages.

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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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  Criminal Procedure (9th ed. 2020)

  Paul Marcus and Melanie D. Wilson

  With the ninth edition of Criminal Procedure, Marcus and Wilson have produced a highly effective classroom teaching tool. The casebook covers all of the foundational constitutional criminal procedure cases, as well as the most recent decisions from the United States Supreme Court on the subject. In addition, it includes a number of forms, examples, problems, and questions to help students fully appreciate key principles. Although it addresses more, the book focuses on the Fourth Amendment search and seizure provision, the Fifth Amendment protections against unlawful confessions, and the Sixth Amendment right to counsel. The materials effectively cover recent Supreme Court cases analyzing searches of smart phones, searches by canine officers, and issues of "standing" that determines who may effectively complain when police violate the Constitution.

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  Compliance as an Exchange of Legitimacy for Influence, in The Oxford Handbook of Global Legal Pluralism (Paul Schiff Berman ed., 2020)

  Kishanthi Parella

  This chapter explains that business actors comply with legally nonbinding institutions because of an exchange between legitimacy and influence. Specifically, the information effects produced by both binding and nonbinding institutions can cause reputational damage to a company. To regain its legitimacy, that company associates itself with a more reputable organization than itself, regaining legitimacy through that association. However, that association often comes at a price. In exchange for conferring legitimacy, the external organization will promote its own institutions for the company’s adoption. Companies therefore adopt these institutions in order to credibly signal the quality of their association with the external organization and maximize legitimacy gains. This analysis is applicable to the wide array of nonbinding guidelines, declarations, codes of conduct, principles, and other international institutions that increasingly govern the global conduct of corporations and other business nonstate actors.

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  Corruption, Ethics and Integrity in Public Administration in Ukraine, in Handbook on Corruption, Ethics and Integrity in Public Administration (Adam Graycar ed., 2020)

  Thomas H. Speedy Rice, Alora Jiang, and Artem Shaipov

  This timely Handbook unpacks the underlying common factors that give rise to corrupting environments. Investigating opportunities to deliver ethical public policy, it explores global trends in public administration and its vulnerability to corruption today, as well as proposing strategies for building integrity and diminishing corruption in public sectors around the globe.

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  Fundamentals of Business Enterprise Taxation: Cases and Materials (7th ed. 2020)

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

  Offered as an alternative to the authors’ widely used separate texts on corporate and partnership tax, the Seventh Edition of this comprehensive casebook continues its tradition of providing an integrated approach to teaching the “fundamentals” of a highly complex subject with clear and engaging explanatory text, skillfully drafted problems, selective discussion of tax policy issues, and a rich mix of original source materials to accompany the Code and regulations. This extensive revision discusses all major developments since the last edition, emphasizing significant provisions of the 2017 tax legislation known as the Tax Cuts and Jobs Act. Highlights of new material covered in the Seventh 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 new problems.
  • The impact on choice of entity of the 21% corporate income tax rate, lower individual rates, the 20% deduction for qualified business income, and other tax and business planning considerations.
  • The new three-year long-term holding period required for capital gains allocable to service partners with carried interests in certain investment partnerships.
  • A revised discussion of corporate capital structure to reflect the changed stakes resulting from the reduction of the corporate income tax rate and the new § 163(j) limitation on the deduction of business interest.
  • New limitations on the deduction of excess business losses.
  • Other technical changes to Subchapters K and C and regulatory developments affecting partnership liabilities and corporate divisions.
  • 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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  Concurring Opinion, in What Obergefell v. Hodges Should Have Said: The Nation's Top Legal Experts Rewrite America's Same-Sex Marriage Decision (Jack Balkin ed., 2020)

  Catherine E. Smith

  Jack Balkin and an all-star cast of legal scholars, sitting as a hypothetical Supreme Court, rewrite the famous 2015 opinion in Obergefell v. Hodges, which guaranteed same-sex couples the right to marry. In eleven incisive opinions, the authors offer the best constitutional arguments for and against the right to same-sex marriage, and debate what Obergefell should mean for the future. In addition to serving as Chief Justice of this imaginary court, Balkin provides a critical introduction to the case. He recounts the story of the gay rights litigation that led to Obergefell, and he explains how courts respond to political mobilizations for new rights claims. The social movement for gay rights and marriage equality is a powerful example of how—through legal imagination and political struggle—arguments once dismissed as “off-the-wall” can later become established in American constitutional law.

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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.