
Faculty Books
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Property Law: Cases, Materials, and Questions (Third Edition)
Edward E. Chase Jr., Julie Patterson Forrester Rogers, and W. Keith Robinson
"The materials in this book are presented in a straightforward manner that is highly accessible to property law students. The new edition includes more textual material in the introductions to the cases, giving a preview to the material in each section. Also new are text boxes that provide emphasis to important concepts throughout the book. The text includes a large number of contemporary cases, although the classics have been retained. Finally, the questions following the cases provide a guide for instructors on teaching each case, while still allowing sophisticated discussions of doctrine and policy. The material included makes it suitable for property courses with as little as three semester hours or as many as six."
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Corporate Income Tax Accounting
Christopher H. Hanna, Paul H. Young, and Mark P. Thomas
"Accounting for income taxes has become a critically important issue for both financial accounting and income taxation purposes in recent years. However, there is nothing new about the need to account for income taxes for purposes of presenting, or to opine upon, the financial accounts of corporations or other business entities. The process of accounting for tax matters has been a traditional aspect of the responsibilities of finance and taxation officers of business entities, particularly publicly traded corporations, for many years.
The nature of the process has long been familiar. In essence, there are a number of parties in this process: (i) business entities, (ii) tax administrations, (iii) financial accounting standards organizations, (iv) auditors of the business entities, and (v) tax strategists seeking to achieve overall tax/finance results for business entities. Each party has its own interests.
The purpose of this text is to discuss and explain the pertinent elements of the intersection of financial accounting and taxation. The goal is to: (i) articulate the reality of financial accounting and tax compliance in light of the new landscape entities face on such matters today; and (ii) set out a means by which entities can structure their tax planning and financial reporting in a manner to efficiently meet all applicable requirements. Key differentiators in the text are liberal use of numerical examples, excerpts from companies’ financial statements, and opinions on murky issues due to the complex and dynamic interdependence of financial accounting and income tax principles." -
Power and Justice in Medieval England: The Law of Patronage and the Royal Courts
Joshua C. Tate
"How the medieval right to appoint a parson helped give birth to English common law
Appointing a parson to the local church following a vacancy—an “advowson”—was one of the most important rights in medieval England. The king, the monasteries, and local landowners all wanted to control advowsons because they meant political, social, and economic influence. The question of law turned on who had the superior legal claim to the vacancy—which was a type of property—at the time the position needed to be filled.
In tracing how these conflicts were resolved, Joshua C. Tate takes a sharply different view from that of historians who focus only on questions of land ownership, and he shows that the English needed new legal contours to address the questions of ownership and possession that arose from these disputes. Tate argues that the innovations made necessary by advowson law helped give birth to modern common law and common law courts." -
Tax Policy in a Nutshell (2d Edition)
Christopher H. Hanna
"Taxes impact every individual and business in the United States and around the world. Countries are constantly changing, modifying, and occasionally reforming their tax systems. Understanding tax policy and implementing changes in the tax law that are consistent with sound tax policy is critically important. This compact guide explains essential concepts in tax policy, including theories of taxation and their implementation, criteria in evaluating a tax system, tax bases, the Haig-Simons definition of income, Samuelson depreciation, the Cary Brown Theorem, capital gains and losses, tax expenditures, the distribution of the tax burden, and issues in corporate and international taxation. The book discusses the tax policy considerations of contemporary law, including the 2017 Tax Cuts and Jobs Act, the most comprehensive U.S. tax system reform in over thirty years."
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The Imagined Juror: How Hypothetical Juries Influence Federal Prosecutors
Anna Offit
"Examines the outsized influence of jurors on prosecutorial discretion
Thanks to television and popular media, the jury is deeply embedded in the American public’s imagination of the legal system. For the country’s federal prosecutors, however, jurors have become an increasingly rare sight. Today, in fact, less than 2% of their cases will proceed to an actual jury trial. And yet, when federal prosecutors describe their jobs and what the profession means to them, the jury is a central theme.
Anna Offit’s The Imagined Juror examines the counterintuitive importance of jurors in federal prosecutors’ work at a moment when jury trials are statistically in decline. Drawing on extensive field research among federal prosecutors, the book represents “the first ethnographic study of US attorneys,” according to legal scholar Annelise Riles. It describes a world of legal practice in which jurors are frequently summoned—as make-believe audiences for proposed arguments, hypothetical evaluators of evidence, and invented decision-makers who would work together to reach a verdict. Even the question of moving forward with a prosecution often hinges on how federal prosecutors assume a jury will react to elements of the case—an exercise where the perspectives of the public are imagined and incorporated into every stage of trial preparation.
Based on these findings, Offit argues that the decreasing number of jury trials at the federal level has not eliminated the influence of the jury but altered it. As imaginary figures, jurors continue to play an important and understudied role in shaping the work and professional identities of federal prosecutors. At the same time, imaginary jurors are not real jurors, and prosecutors at times caricature the public by leaning on stereotypes or preconceived and simplistic ideas about how laypeople think. Imagined jurors, it turns out, are a critical, if flawed, resource for introducing lay perspective into the legal process. As Offit shows, recentering laypeople and achieving the democratic promise of our legal system will require renewed commitment to the jury trial and juries that reflect the diversity of the American public." -
The Walled Garden: Law and Privacy in Modern Society
Lawrence M. Friedman and Joanna L. Grossman
Privacy, in human history, is a relatively recent concept. Nobody had much privacy in the Middle Ages. Even kings and queens lacked privacy: it was an age when crowds watched a queen give birth, and the king received visitors while on the chamber pot. Technology and concepts of privacy grew up together—as both friends and enemies. For example, the late 19th century invention of the candid camera made it possible, for the first time, to take someone’s picture without that person’s consent. This fact was in the background of the classic article by Warren and Brandeis that launched the right of privacy. Today, we have smart phones with cameras, selfies, the Internet, surveillance cameras, and tools that can look through walls, smell through walls, see through walls. Dangers to privacy have multiplied enormously, and we have only just begin figuring how to handle the change.
This book is timely as our basic understandings of privacy are challenged by modern technology, changing social mores, and evolving legal understandings that both reflect and reinforce underlying changes in society. It is likely to be of interest to graduate and undergraduate students, scholars, and potentially other professionals with an interest in law and social norms.
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Labor Relations Law: Cases and Materials (14th edition)
Charles Craver, Marion G. Crain, and Grant M. Hayden
This comprehensive casebook is designed for an intensive examination of the union-management relationship throughout its major phases. Largely tracking the organization of the National Labor Relations Act, it covers the right of employees to join together for organizational purposes, the regulation of the union-organizing process including the use of economic weapons, the development of bargaining relationships, the negotiation and enforcement of collective agreements, and, more briefly, the law governing internal union affairs. The text responds generously to the most significant current developments in the field, while simultaneously providing a set of materials that will be truly manageable in the usual three- or four-hour courses.
The fourteenth edition also includes over sixty new hypothetical problems designed to test students’ knowledge of existing doctrines and push them to explore issues that don’t appear to have ready answers. As with previous editions, the book will be supplemented with a comprehensive teacher’s manual and a biennial supplement to keep the book up-to-date.
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Labor Relations Law: Selected Federal Statutes and Sample Bargaining Agreement
Charles Craver, Marion G. Crain, and Grant M. Hayden
This text introduces students to all aspects of labor relations law. It explores statutory coverage, and the procedures involved in union organizing campaigns. It describes the actions employees can take to support organization efforts, and the actions employers can take to counteract such drives. It then covers the rights of employees and unions once bargaining representatives have been recognized.
What are the mandatory bargaining topics, and what concerted activities can employees use to support union bargaining efforts? It also covers concerted activities that are prohibited, such as secondary endeavors. Finally, it explains how disputes arising under existing bargaining agreements may be resolved—through negotiation and, if necessary, arbitration. It is both a highly practical and theoretical book that does a wonderful job of enabling teachers to introduce students to labor relations law.
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National Security Law and the Constitution (2d Edition)
Geoffrey S. Corn, Jimmy Gurule, Jeffrey D. Kahn, and Gary Corn
This casebook provides a comprehensive examination and analysis of the inherent tension between the Constitution and select national security policies, and explores the multiple dimensions of that conflict. Specifically, the Second Edition comprehensively explores the constitutional foundation for the development of national security policy and the exercise of a wide array of national security powers. Each chapter focuses on critically important precedents, offering targeted questions following each case to assist students in identifying key concepts to draw from the primary sources. Offering students a comprehensive yet focused treatment of key national security law concepts, National Security Law and the Constitution is well suited for a course that is as much an advanced “as applied” constitutional law course as it is a national security law or international relations course.
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Reconstructing the Corporation: From Shareholder Primacy to Shared Governance
Grant M. Hayden and Matthew T. Bodie
"Modern corporations contribute to a wide range of contemporary problems, including income inequality, global warming, and the influence of money in politics. Their relentless pursuit of profits, though, is the natural outcome of the doctrine of shareholder primacy. As the consensus around this doctrine crumbles, it has become increasingly clear that the prerogatives of corporate governance have been improperly limited to shareholders. It is time to examine shareholder primacy and its attendant governance features anew, and reorient the literature around the basic purpose of corporations. This book critically examines the current state of corporate governance law and provides decisive rebuttals to longstanding arguments for the exclusive shareholder franchise. Reconstructing the Corporation presents a new model of corporate governance - one that builds on the theory of the firm as well as a novel theory of democratic participation - to support the extension of the corporate franchise to employees."
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Rethinking Securities Law
Marc I. Steinberg
"The system of securities regulation that prevails today in the United States is one that has been formed through piecemeal federal legislation, Securities and Exchange Commission (SEC) invocation of its administrative authority, and self-regulatory episodic action. As a consequence, the presence of consistent and logical regulation all too often is lacking. In both transactional and litigation settings, with frequency, mandates apply that are erratic and antithetical to sound public policy. This book focuses on "rethinking" the securities laws, with particular emphasis on the Securities Act and Securities Exchange Act. In 1978, the American Law Institute (ALI) adopted the ALI Federal Securities Code. The Code has not been enacted by Congress and its prospects are dim. Since that time, no treatise, monograph, or other source comprehensively has focused on this meritorious subject. The objective of this book is to identify the deficiencies that exist under the current regimen, address their failings, provide recommendations for rectifying these deficiencies, and set forth a thorough analysis for remediation in order to prescribe a consistent and sound securities law framework. By undertaking this challenge, the book provides an original and valuable resource for effectuating necessary law reform that should prove beneficial to the integrity of the U.S. capital markets, effective and fair government and private enforcement, and the enhancement of investor protection."
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Securities Litigation Law, Policy, and Practice (2nd Edition)
Marc I. Steinberg, Wendy G. Couture, Michael J. Kaufman, and Daniel J. Morrissey
"Securities Litigation provides an analytical and practical framework addressing the key subjects in the field, complemented by problems and exercises to enhance students’ lawyering skills. U.S. Supreme Court and lower court cases that cover the key remedial provisions are highlighted, including Sections 11 and 12 of the Securities Act and Section 10(b) of the Securities Exchange Act, as well as alternative federal remedial statutes and secondary liability provisions. Integral to this discussion is a thorough treatment of class and derivative actions. Government enforcement is also analyzed, with particular focus on SEC and criminal enforcement.
In addition, state securities litigation is covered in depth, along with professional liability exposure. The new edition also adds coverage of cutting-edge issues, including the regulation of digital assets, new forms of market manipulation, the rise of state securities class actions, recent insider trading cases analyzing tipper-tippee liability, and unsettled questions about the fraud-on-the-market presumption of reliance."
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Business Enterprises—Legal Structures, Governance, and Policy: Cases, Materials, and Problems (4th Edition)
Douglas Branson, Joan MacLeod Heminway, Mark J. Loewenstein, Marc I. Steinberg, and Manning G. Warren III
Business Enterprises: Legal Structure, Governance and Policy, Cases, Materials, and Problems contains material sufficient to educate an emerging lawyer to function in general business law practice in a transactional or advocacy-oriented setting. It provides comprehensive coverage of state and federal law and policy governing the legal structures through which business is conducted in the United States, principally including unincorporated and incorporated business entities, and covers foundational issues relating to agency and entity formation, corporate finance, internal governance, and legal liability to third parties.
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Family Law in a Changing America
Douglas NeJaime, Richard Banks, Joanna L. Grossman, and Suzanne Kim
"Family Law in a Changing America is a new casebook that highlights law and family patterns as they are now, not as they were decades ago. By focusing on key changes in family life, the casebook attends to rising equality and inequality within and among families. The law, formally at least, accords more equality and autonomy than ever before, having repudiated hierarchies based on race, gender, and sexuality. Yet, as our society has grown more economically unequal, so too have family patterns diverged—with marriage and marital child-rearing becoming a mark of privilege. A number of developments—mass incarceration, the privatization of care, and reproductive technologies—have also contributed to disparities based on race, class, and gender. The casebook reflects the law’s continuing emphasis on marriage, but also treats nonmarital families as central. Rather than privilege the marital heterosexual family, the casebook organizes the presentation of the law around 1) adult relationships and 2) parent-child relationships."
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Gender Law & Policy (3rd Edition)
Katharine T. Bartlett, Deborah L. Rhode, Joanna L. Grossman, and Deborah L. Brake
"Gender Law and Policy provides the theoretical frameworks, legal cases, and policy background necessary for analyzing a broad range of gender issues in the law. It is an ideal text for undergraduate courses in Women’s Studies, Political Science, and other fields focusing on gender law and policy, including Women and the Law and Gender Law and Policy. This text features lucid introductions in each chapter that illuminate the issues significant to each topic, alternative theoretical perspectives that facilitate open-minded problem solving, and incisive commentary by leading scholars and policymakers. Timely coverage of foundational and cutting-edge issues includes constitutional law, employment law, Title IX and education (including sports), family law, sexual harassment, sexual violence, pornography, prostitution, global trafficking, LGBT issues, and women’s sexual and reproductive health."
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Inside Counsel: Practices, Strategies, and Insights (2nd Edition)
Marc I. Steinberg and Stephen B. Yeager
"Inside Counsel – Practices, Strategies, and Insights, 2d by Marc I. Steinberg and Stephen B. Yeager – the first book of its kind – provides a wide-ranging account of in-house law practice. The book serves as a valuable resource for many audiences – law students, in-house counsel, those who are contemplating going in-house, and even outside lawyers. Relying on their collective decades of practical and academic experience, the authors offer key insights into such important topics as successful strategies that in-house counsel can implement, interfacing with “internal clients,” working with outside counsel, the focus on “preventative” law, the skill sets that are valued by corporate counsel, and the steps that an outside lawyer or recent graduate can take to obtain an in-house position.
"The Second Edition adds timely commentary and insights on the multifaceted issues facing inside counsel as well as the inclusion of key case law developments, including insider trading enforcement proceedings against inside counsel. Subjects focusing on in-house counsel's role in the enterprise, interfacing with the many constituents within the company, the benefits and disadvantages of serving as in-house counsel as compared to outside counsel, and the criteria that makes an outside law firm attractive to in-house counsel are updated and explored. The Second Edition is a valuable resource for law students, in-house counsel, and attorneys practicing in law firms."
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Lawyering and Ethics for the Business Attorney (5th Edition)
Marc I. Steinberg
Legal counsel for both privately and publicly-held enterprises are at the forefront of law compliance and adherence to ethical norms. With the continual presence of government as well as private litigation against business enterprises and their attorneys, preventative lawyering consistent with ethical standards remains a key objective that should be prioritized in the law school curriculum. This coursebook, consisting of twelve separate scenarios, uses the problem method in combination with case law and subject matter analysis to make a meaningful contribution to the law school curriculum. Scenarios include dilemmas focusing on client identification, attorneys’ conflicts of interest, counseling the small business enterprise, client fraud, the business attorney as litigator, the attorney litigation privilege, and the role of inside counsel. Approximately 300 pages, the text comfortably serves as the main text for the specialized corporate “lawyering” course as well as a focused practical resource for the business associations and professional responsibility courses. The author, one of this country’s most prolific scholars, also has extensive practical experience, including being retained as an expert witness in several high-profile cases, including Enron, the national prescription opioid litigation, Mark Cuban, and Martha Stewart.
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Securities Regulation: Liabilities and Remedies
Marc I. Steinberg
Securities Regulation: Liabilities and Remedies provides you with the guidance you need to protect your clients' confidential information while facing disclosure and liability concerns under the securities laws. This comprehensive volume helps you deal successfully with such matters as: disclosure of self-dealing; protecting confidential information; insider trading; “soft information”; bad financial news; merger negotiations; a company's duty to update information; public and private offerings; the “fraud on the market” theory of reliance; shareholder remedies, including derivative suits; secondary liability; SEC enforcement; RICO; tender offer developments in the legislatures and the courts; going-private transactions; and more.
Throughout the book, you'll find analysis of the latest SEC regulations and releases, court decisions and federal and state legislation, including the Private Securities Litigation Reform Act and the Sarbanes-Oxley Act.
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Criminal Procedures: The Police: Cases, Statutes, and Executive Materials (6th Edition)
Marc L. Miller, Ronald F. Wright, Jenia I. Turner, and Kay L. Levine
Criminal Procedures: The Police: Cases, Statutes, and Executive Materials, Sixth Edition, is a comprehensive treatment of criminal procedure that depicts the enormous variety within criminal justice systems by examining the procedures and policies of both federal and state systems and looking at sources of law and doctrine from multiple institutions. This “real-world” text offers students and instructors a deliberate focus on the realities of the high-volume circumstances that surround criminal procedure. An updated selection of cases and statutes as well as expanded coverage of important areas ensures the currency and timeliness of the Sixth Edition of this highly regarded casebook.
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Securities & Exchange Commission v. Mark Cuban: Deep Dive Series
Marc I. Steinberg
This experiential book focuses on the Securities and Exchange Commission's (SEC) enforcement action charging Mr. Mark Cuban with illegal insider trading. Mr. Cuban is a well-respected entrepreneur, businessman, and investor whose ownership interests include the National Basketball Association's (NBA) Dallas Mavericks. Mr. Cuban also is one of the principal investors on the reality television program Shark Tank. His net worth is valued in the billions of dollars. The author (Marc I. Steinberg) was retained as an expert witness in this case on Mr. Cuban's behalf. Professor Steinberg therefore had the opportunity to experience this litigation from the playing field rather than as a spectator. These insights enhance the book's substance and vitality. In captivating fashion, the book presents key documents, testimony, and insights from the start of the SEC's investigation of Mr. Cuban's trading of Mamma.com stock through the end of the trial, which ended with the jury exonerating him. This five-year saga came at a high cost to the government and Mr. Cuban. In his successful defense, Mr. Cuban reportedly spent $12 million in legal fees in defeating the government's charge that he was a fraudster. For the SEC, after years of vigorous pursuit with less than a formidable case, it incurred a significant defeat. In the end, when Mr. Cuban emerged victorious and the government packed its bags, questions were raised as to strategic decisions made, the high costs of defending one's good name, the limits of government prosecutorial discretion, and the breadth of our insider trading laws. This book focuses on this intriguing litigation, drawing the reader's attention as the story unfolds.
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The Law of Armed Conflict: An Operational Approach (2d Edition)
Geoffrey S. Corn, Victor Hansen, Richard Jackson, Chris Jenks, Eric Talbot Jensen, and James A. Schoettler
The Law of Armed Conflict: An Operational Approach covers all aspects of the law of armed conflict and explains the important difference between law and policy in regulation of military operations. Each author is a retired U.S. Army officer (more than 140 years of collective military operational experience) and a leading scholar in the field of international law and conflict regulation. To accomplish the authors’ objective, the book uses an operational scenario to provide the context necessary to develop a genuine understanding of the law.
Based on Operation Iraqi Freedom, the 2003 U.S. and Coalition attack on Iraq, the scenario links all chapters together, and places students in the role of military and civilian legal advisors responsible for providing commanders and other operational decision-makers with legally-based opinions to support their missions. The text focuses primarily on the U.S. interpretation of this area of law, but also includes discussion of important areas of legal divergence between U.S. and major Coalition partners, as well as the perspectives drawn from the academic and non-governmental humanitarian communities, in order to expose students to the challenges these divergences can create for decision-makers and their legal advisors. -
The Oxford Handbook of Criminal Process
Darryl K. Brown, Jenia I. Turner, and Bettina Weisser
The Oxford Handbook of Criminal Process surveys the topics and issues in the field of criminal process, including the laws, institutions, and practices of the criminal justice administration. The process begins with arrests or with crime investigation such as searches for evidence. It continues through trial or some alternative form of adjudication such as plea bargaining that may lead to conviction and punishment, and it includes post-conviction events such as appeals and various procedures for addressing miscarriages of justice. Across more than 40 chapters, this Handbook provides a descriptive overview of the subject sufficient to serve as a durable reference source, and more importantly to offer contemporary critical or analytical perspectives on those subjects by leading scholars in the field. Topics covered include history, procedure, investigation, prosecution, evidence, adjudication, and appeal.
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The Princeton Fugitive Slave: The Trials of James Collins Johnson
Lolita Buckner Inniss
"James Collins Johnson made his name by escaping slavery in Maryland and fleeing to Princeton, New Jersey, where he built a life in a bustling community of African Americans working at what is now Princeton University. After only four years, he was recognized by a student from Maryland, arrested, and subjected to a trial for extradition under the 1793 Fugitive Slave Act. On the eve of his rendition, after attempts to free Johnson by force had failed, a local aristocratic white woman purchased Johnson’s freedom, allowing him to avoid re-enslavement. The Princeton Fugitive Slave reconstructs James Collins Johnson’s life, from birth and enslaved life in Maryland to his daring escape, sensational trial for re-enslavement, and last-minute change of fortune, and through to the end of his life in Princeton, where he remained a figure of local fascination.
Stories of Johnson’s life in Princeton often describe him as a contented, jovial soul, beloved on campus and memorialized on his gravestone as “The Students Friend.” But these familiar accounts come from student writings and sentimental recollections in alumni reports—stories from elite, predominantly white, often southern sources whose relationships with Johnson were hopelessly distorted by differences in race and social standing. In interrogating these stories against archival records, newspaper accounts, courtroom narratives, photographs, and family histories, author Lolita Buckner Inniss builds a picture of Johnson on his own terms, piecing together the sparse evidence and disaggregating him from the other black vendors with whom he was sometimes confused.
By telling Johnson’s story and examining the relationship between antebellum Princeton’s black residents and the economic engine that supported their community, the book questions the distinction between employment and servitude that shrinks and threatens to disappear when an individual’s freedom is circumscribed by immobility, lack of opportunity, and contingency on local interpretations of a hotly contested body of law."
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Attorney Liability After Sarbanes-Oxley
Marc I. Steinberg
Attorney Liability After Sarbanes-Oxley is a much-needed reference for in-house and outside counsel seeking to provide effective representation without violating legal or ethical obligations. What should an attorney do when fraud is afoot? When should an attorney stop representing a corporate client—and what are the rules regarding a “noisy withdrawal”?
This important book explains the perils for lawyers in the wake of the Sarbanes-Oxley Act of 2002 and provides expert advice on the steps that can be taken to minimize them. Coverage includes: practical measures to prevent liability; “up-the-ladder” reporting; client identification; primary and secondary liability; conflicts of interest; and whistleblower complaints.
It also provides guidance on in-house counsel's role within the boardroom, when to write letters to clients and memos to the file, and other steps that can avert disaster. For lawyers committed to working vigorously for a client while avoiding potential liability, Attorney Liability After Sarbanes-Oxley is an essential addition to your library.
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Tax Policy in a Nutshell
Christopher H. Hanna
Taxes impact every individual and business in the United States and around the world. Countries are constantly changing, modifying, and occasionally reforming their tax systems. Understanding tax policy and implementing changes in the tax law that are consistent with sound tax policy is critically important. This compact guide explains essential concepts in tax policy, including theories of taxation and their implementation, criteria in evaluating a tax system, tax bases, the Haig-Simons definition of income, Samuelson depreciation, the Cary Brown Theorem, capital gains and losses, tax expenditures, the distribution of the tax burden, and issues in corporate and international taxation. The book discusses the tax policy considerations of the current state of the law, including the 2017 Tax Cuts and Jobs Act, the most comprehensive U.S. tax system reform in over thirty years.