Authors’ Circle: NYU Law faculty books of 2021

Stacked books

Human rights, the changing labor market, privacy, securities regulation, and Shakespeare are just a few examples of the wide-ranging topics that NYU Law faculty members addressed in books they recently authored or edited. 

One title had its origin in the Law School’s Derrick Bell Lecture series. Another is a collection of essays in honor of John Norton Pomeroy Professor of Law Philip Alston—the second book published this year in order to recognize the work of an NYU Law faculty member. (In October, Eleanor M. Fox: Antitrust Ambassador to the World was published in honor of Walter J. Derenberg Professor of Trade Regulation Eleanor Fox ’61.) And two of the casebooks below bypassed the traditional publishing industry and are available for download at no cost under a Creative Commons license; not surprisingly, they are authored by members of NYU Law’s intellectual property faculty.

A roundup of the books that full-time faculty members published in 2021 is below. Book descriptions are excerpted from publishers’ websites.

General and Academic Titles

Race, Rights, and Redemption book cover

Janet Dewart Bell and Vincent M. Southerland eds., Race, Rights, and Redemption: The Derrick Bell Lectures on the Law and Critical Race Theory (New Press)

“When Derrick Bell, one of the originators of critical race theory, turned sixty-five, his wife founded a lecture series with leading scholars, including critical race theorists, many of them Bell’s former students. [Collecting 25 years of these lectures], Race, Rights, and Redemption . . . gathers some of our country’s brightest progressive legal stars in a volume that illuminates facets of the law that have continued to perpetuate racial inequality and to confound our nation at the start of a new millennium.”

The Struggle for Human Rights: Essays in Honour of Philip Alston book cover

Nehal Bhuta, Florian Hoffmann, Sarah Knuckey, Frédéric Mégret and Margaret Satterthwaite eds., The Struggle for Human Rights: Essays in Honour of Philip Alston (Oxford University Press) 

The Struggle for Human Rights evaluates the themes of law, politics, and practice which together define international human rights practice and scholarship. Taking as its inspiration the 40-year career of international human rights advocate Philip Alston, this book of essays examines foundational debates central to the evolution of the human rights project. It critiques the reform of human rights institutions and reflects on the place of human rights practice in contemporary society. Bringing together leading scholars, practitioners, and critics of human rights from a variety of disciplines, [the book] addresses the most urgent questions posed within the field of human rights today—its practice and its theory.”

Reframing Human Rights in a Turbulent Era book cover

Gráinne de Búrca, Reframing Human Rights in a Turbulent Era (Oxford University Press) 

“In recent years, human rights have come under fire, with the rise of political illiberalism and the coming to power of populist authoritarian leaders in many parts of the world who contest and dismiss the idea of human rights. More surprisingly, scholars and public intellectuals, from both the progressive and the conservative side of the political spectrum, have also been deeply critical, dismissing human rights as flawed, inadequate, hegemonic, or overreaching. While acknowledging some of the shortcomings, this book presents an experimentalist account of international human rights law and practice and argues that the human rights movement remains a powerful and appealing one with widespread traction in many parts of the globe.” 

Strengthening Human Rights Protections in Geneva, Israel, the West Bank and Beyond book cover

Joseph E. David, Yaël Ronen, Yuval Shany and J.H.H. Weiler eds., Strengthening Human Rights Protections in Geneva, Israel, the West Bank and Beyond, (Cambridge University Press) 

“This collection of essays is written by some of the world's leading experts in international human rights law, and corresponds to the main junctures in the professional life of Professor David Kretzmer, a leading human right academic and practitioner. The different essays focus on contemporary human rights protection challenges.… Collectively, the essays offer a rich picture of the current potential shortcomings of international human rights law in addressing complex problems of law, politics and ethics.”

Automation Anxiety book cover

Cynthia Estlund, Automation Anxiety: Why and How to Save Work (Oxford University Press) 

“This book confronts the hotly-debated prospect of mounting job losses due to automation, and the widely-divergent hopes and fears that prospect evokes, and proposes a strategy for both mitigating the losses and spreading the gains from shrinking demand for human labor. We should set our collective sights, it argues, on ensuring access to adequate incomes, more free time, and decent remunerative work even in a future with less of it. Getting there will require not a single “magic bullet” solution like universal basic income or a federal job guarantee but a multi-pronged program centered on conserving, creating, and spreading work.”

Autonomous Versus Domestic Concepts Under the New York Convention

Franco Ferrari and Friedrich Rosenfeld eds., Autonomous Versus Domestic Concepts Under the New York Convention (Wolters Kluwer) 

“[This] is a unique book that examines the New York Convention intending to identify the boundaries between autonomous and domestic concepts. The 1958 New York Convention is universally acclaimed as one of the essential instruments of international commercial arbitration. Although the Convention ensures that contracting States cannot justify failure to comply with their treaty obligations by reference to domestic law, the courts of different contracting States apply the Convention differently.… A diverse group of distinguished scholars…have provided insightful contributions for this book which are sure to significantly add to arbitral practice and jurisprudence in the Convention’s more than 160 contracting States.”

Holding a Mirror up to Nature: Shame, Guilt, and Violence in Shakespeare book cover

James Gilligan and David A.J. Richards, Holding a Mirror up to Nature: Shame, Guilt, and Violence in Shakespeare (Cambridge University Press)

“Shakespeare has been dubbed the greatest psychologist of all time. This book seeks to prove that statement by comparing the playwright's fictional characters with real-life examples of violent individuals, from criminals to political actors. For Gilligan and Richards, the propensity to kill others, even (or especially) when it results in the killer's own death, is the most serious threat to the continued survival of humanity.… In this book the authors tell what Shakespeare shows, through the stories of his characters: what causes violence and what prevents it.”

Governing Privacy in Knowledge Commons book cover

Madelyn Rose Sanfilippo, Brett M. Frischmann and Katherine J. Strandburg eds., Governing Privacy in Knowledge Commons, (Cambridge University Press)

“[This book] explores how privacy impacts knowledge production, community formation, and collaborative governance in diverse contexts, ranging from academia and IoT [the Internet of Things], to social media and mental health. Using nine new case studies and a meta-analysis of previous knowledge commons literature, the book integrates the Governing Knowledge Commons framework with Helen Nissenbaum's Contextual Integrity framework. The multidisciplinary case studies show that personal information is often a key component of the resources created by knowledge commons. Moreover, even when it is not the focus of the commons, personal information governance may require community participation and boundaries.”

Casebooks, Textbooks, Supplements, and Reference Works

Phillip Areeda, Louis Kaplow, Aaron Edlin, and C. Scott Hemphill, Antitrust Analysis: Problems, Text, and Cases (Wolters Kluwer 8th ed.)  

Lynn A. Baker, Clayton P. Gillette, and David Schleicher, Local Government Law, Cases and Materials (Foundation Press 6th ed.)

Barton Beebe, Trademark Law: An Open-Source Casebook (Version 8) 

Richard Scott Carnell, Jonathan R. Macey, Geoffrey P. Miller, and Peter Conti-Brown, The Law of Financial Institutions (Wolters Kluwer 7th ed.) 

Stephen J. Choi and A.C. Pritchard, Securities Regulation: Statutory Supplement (Foundation Press)

Paul Craig and Gráinne de Búrca eds., The Evolution of EU Law (Oxford University Press 3d ed.)

Laura E. Cunningham and Nöel B. Cunningham, The Logic of the Transfer Taxes: A Guide to the Federal Taxation of Wealth Transfers (West Academic Publishing 2d ed.)

Robert C. Ellickson, Vicki Been, Roderick M. Hills, Jr., and Christopher Serkin, Land Use Controls: Cases and Materials (Wolters Kluwer 5th ed.)

Samuel Estreicher, The Law of Employment (Foundation Press 2d ed.) 

E. Allan Farnsworth, Carol Sanger, Neil B. Cohen, Richard R.W. Brooks, and Larry T. Garvin, Selections for Contracts (Foundation Press) 

Franco Ferrari, Forum Shopping Despite Unification of Law (Brill/Nijoff) (Vol. 413 of Collected Courses of the Hague Academy of International Law/Recueil des Cours)

Franco Ferrari and Friedrich Rosenfeld, International Commercial Arbitration: A Comparative Introduction (John Fellas consultant ed., Edward Elgar Publishing)

Marc A. Franklin, Robert L. Rabin, Michael D. Green, Mark A. Geistfeld, and Nora Freeman Engstrom, Tort Law and Alternatives: Cases and Materials (Foundation Press 11th ed.)

Jack H. Friedenthal, Mary Kay Kane, Arthur R. Miller, and Adam N. Steinman, Civil Procedure (West Academic Publishing 6th ed.) 

Jack H. Friedenthal, Arthur R. Miller, John E. Sexton, Helen Hershkoff, Adam N. Steinmen, and Troy A. McKenzie, 2021-2022 Civil Procedure Supplement for Use with All Pleading and Procedure Casebooks (West Academic Publishing) 

Jeanne C. Fromer and Christopher Jon Sprigman, Copyright Law: Cases and Materials (version 3.0) 

Mark Geistfeld, Product Liability Law (Wolters Kluwer 2d ed.)

Michael C. Harper, Samuel Estreicher, and Kati Griffith, Labor Law: Cases and Materials (Wolters Kluwer 9th ed.)

Michael C. Harper, Samuel Estreicher, and Kati Griffith, Labor Law: Selected Statutes, Forms, and Agreements (Wolters Kluwer)

András Sajó, Renáta Uitz, and Stephen Holmes eds., Routledge Handbook of Illiberalism (Routledge) 

Posted December 7, 2021