Oxford Introductions to U.S. Law – serie

The Oxford Introductions to U.S. Law: Property provides both a bird's eye overview of property law and an introduction to how property law affects larger concerns with individual autonomy, personhood, and economic organization. Written by two authorities on property law, this book gives students of property a coherent account of how property law works, with an emphasis on describing the central issues and policy debates. It is designed for law students who want a short and theoretically integrated treatment of the subject, as well as for lawyers who are interested in the conceptual foundations of the law of property.

Many controversies in American criminal law reflect the tension between older and newer conceptions of the purposes of punishment. The English common law of crimes was centrally concerned with suppressing vengeance and asserting royal authority. Thus it enforced a royal peace by conditioning punishment on unauthorized force and harm to particular victims. The development of American criminal law has been the story of the emergence of this utilitarianism of criminal offending as the imposition of risk or the violation of consent, combined with culpability. This conception is reflected in the Model Penal Code and many state codes. Yet understanding contemporary criminal law requires that we also remember the model of offending as trespass against sovereignty out of which it emerged. In The Oxford Introductions to U.S. Law: Criminal Law, Guyora Binder reviews the development of American criminal law and explains its key concepts and persistent controversies in light of its history. These key concepts include retribution and prevention as purposes of punishment; the requirements of a criminal act and a culpable mental state; criteria of causal responsibility; modes of violating consent; doctrines of attribution of liability for incomplete offenses, including attempt, conspiracy and complicity; and defenses of justification and excuse.

In The Oxford Introductions to U.S. Law: Intellectual Property, prominent intellectual property scholar Daniel Hunter provides a precise, engaging overview and careful analysis of current laws of intellectual property and their history. Hunter first focuses on the central areas of intellectual property law, including copyright, patent, trademark, and trade secrets. He then moves beyond the basics, exploring the politics, economics, psychology and rhetoric of possession and control that influence and interact with this area of law. Hunter explains how intellectual property has contributed greatly to the innovations that we, as a society, need in our modern lives. He also describes ways in which the expansion of intellectual property can reduce innovation by stopping others from implementing great ideas or producing new work. Hunter helps readers think about modern intellectual property in a way that allows them to see how innovation and progress are linked to intellectual property law, and how small changes in the laws have had significant consequences for our society. Ultimately, Hunter helps readers form their own views about the various areas within the arena of intellectual property.

The Oxford Introductions to U.S. Law: Constitutional Law presents an accessible introduction to the enduring topics of American constitutional law, including judicial review, methods of interpretation, federalism, separation of powers, equal protection, and individual liberties. One of the most important functions performed by the American Constitution and the more than two centuries' worth of cases interpreting it is the allocation of decision-making. Professor Dorf and Professor Morrison frame many of these constitutional debates with this question of authority. When should courts rule that the Constitution takes some issue outside of the domain of ordinary politics? Should courts referee disputes between the branches of the federal government? Should they referee disputes between the states and the national government? Using what standards? This introduction to American constitutional law critically examines the work of the Supreme Court of the United States, which has resolved thousands of constitutional controversies based on the shortest national constitution on the planet. The authors also look beyond the Supreme Court, exploring the arguments for and against judicial review and various versions of popular constitutionalism.

Torts--personal injury law--is a fundamental yet controversial part of our legal system. The Oxford Introductions to U.S. Law: Torts provides a clear and comprehensive account of what tort law is, how it works, what it stands to accomplish, and why it is now much-disputed. Goldberg and Zipursky--two of the world's most prominent tort scholars--carefully analyze leading judicial decisions and prominent tort-related legislation, and place each event into its proper context. Topics covered include products liability, negligence, medical malpractice, intentional torts, defamation and privacy torts, punitive damages, and tort reform.

In The Oxford Introductions to U.S. Law: Income Tax Law, Edward McCaffery presents an accessible introduction to the major topics in the field of federal income taxation, such as income, deductions, and recognition of gains and losses. After discussing central rules and doctrines individually, Edward McCaffery offers a very sophisticated yet clear explanation of the interplay among them, carefully describing how they work together to carry out the policy goals of the U.S. tax system.Professor McCaffery describes, for example, how the current income tax in the United States has increasingly become a wage tax that favors those with capital rather than those whose money comes from labor. In explaining the consequences of tax policy on individuals, he also considers important possible alternatives for income taxation in the U.S. The Oxford Introductions to U.S. Law: Income Tax Law sets forth the 'who,' 'what,' 'when,' and 'why' of income tax law and describes the essential concepts of the field in a clear and concise manner that helps students and non-experts increase their understanding of the policies behind modern tax law and the ways in which these policies affect different types of individuals.

Written by the leading expert in the field, The Oxford Introductions to U.S. Law: Contracts provides students with ready access to the basic doctrines of contract law, the story behind their evolution, and the rationales for their continued existence. An engaging book that allows students to grasp the "big picture" of contract law, it is organized around the principle that lies at the heart of contracts: consent. Beginning with the premise of "consent," the book provides a cohesive framework in which to understand the various aspects of contract law.