14 15 yale law report summer 2013 books in print Here’s just a sampling of the many other books recently Jack Fuller, Editor written or edited by our alumni, faculty, staff, and students. Restoring Justice: The Speeches of We welcome your submissions. Attorney General Edward H. Levi Please contact us: [email protected]. University of Chicago Press, 2013 Fuller ’73 has selected speeches by Levi ’38 jsd that set out the Jonathan R. Macey ’82, attorney general’s view of the Logan Beirne considerable challenges he Sam Harris Professor of Corporate Law, Corporate Finance, and Securities Law Blood of Tyrants: faced: restoring public confi- The Death of Corporate Reputation: George Washington & the Forging dence through discussion and How Integrity Has Been Destroyed on Wall Street of the Presidency Anupam Chander acts of justice, combating the Financial Times Press, 2013 Encounter Books, 2013 The Electronic Silk Road: corrosive skepticism of the How the Web Binds the World Together For more than a century, companies credit rating agencies and law firms, among other Wall Delving into the forgot- time, and ensuring that the executive branch in Commerce would behave judicially. Also included are seeking access to the U.S. markets made huge investments Street mainstays, continue to thrive despite reputations for ten—and often lurid—facts of the revolutionary war, Yale University Press, 2013 addresses and Congressional testimonies that in their reputations. In order to cultivate and maintain rep- incompetence or shady dealings or simply for putting their Beirne ’11 focuses on George speak to issues that were hotly debated at the utations as faithful brokers and intermediaries they treated own interests ahead of their customers. This book explains Chander ’92 provides a washington as he shaped time, including electronic surveillance, execu- customers well— sometimes enduring losses in the process this unfortunate phenomenon and suggests what the discussion of the law that the very meaning of the tive privilege, separation of powers, antitrust when necessary to do right by their customers. Today, the future holds for Wall Street after the crisis.” relates to global Internet United States Constitution enforcement, and the guidelines governing reputations of many of the major players on Wall Street are commerce. Addressing in the heat of battle. up-to-the-minute exam- the FBI—many of which remain relevant in shambles. Customers appear to have become one-off Beirne uses previously ples, such as Google’s today. “counter-parties” to whom no duties are owed and no loy- unexplored documents such as General struggles with China, the alty is required. Even regulators are viewed as captured and washington’s letters debating torture, Pirate Bay’s skirmishes ineffective in protecting investors. an eyewitness account of the military with hollywood, and the In his new book, The Death of Corporate Reputation: How tribunal that executed a British prisoner, outsourcing of services to W. Michael Reisman Integrity Has Been Destroyed on Wall Street, Yale Law School Founders’ letters warning against govern- India, the author analyzes the difficulties The Quest for World Order Professor Jonathan Macey ’82 explains the demise of reputa- ment debt, and communications pointing of regulating Internet trade. Chander then and Human Dignity tion in capital markets and corporate finance. Why, Macey to a power struggle between washington lays out a framework for future policies, in the Twenty-first Century asks, have so many firms lost interest in reputational capital? and the Continental Congress. showing how countries can dismantle Martinus Nijhoff, 2013 The change from the old reputational model to the new barriers while still protecting consumer INternatIONAL law’S archipelago is laissez-faire one, Macey argues, is largely the result of three Robert H. Bork interests. Saving Justice composed of legal “islands,” which are factors: (1) the growth of reliance on regulation rather than Encounter Books, 2013 highly organized, and “offshore” zones Susan P. Crawford reputation as the primary mechanism for protecting cus- manifesting a much lower degree of From the ousting of Vice Captive Audience: tomers; (2) the increasing complexity of regulation, which legal organization. each requires a dif- President Spiro Agnew, The Telecom Industry and Monopoly made technical expertise rather than reputation the pri- ferent mode of decisionmaking, each to the discharge of the Power in the New Gilded Age mary criterion on which customers choose who to do busi- further complicated by the stress of radi- watergate special prosecu- Yale University Press, 2012 ness with in today’s markets; and (3) the rise of the “cult of cal change. this book is concerned, first, tor, an event known as the personality” on Wall Street, which has led to a secular Crawford ’89 explores with understanding and assessing the Saturday Night Massacre, demise in the relevance of companies’ reputations and the why Americans are aggregate performance of the world con- this posthumously pub- concomitant rise of individual rainmakers’ reputation as now paying much more stitutive process, in present and projected lished autobiography the basis for premium pricing of financial services. “The SEC, certain banks but getting much less constructs; second, with providing the offers a firsthand, insider when it comes to high- intellectual tools that can enable those Macey demonstrates how and why poorly considered reg- account of the whirlwind and investment banks, credit speed Internet access. involved in making decisions to be more ulation has undermined traditional trust mechanisms of events that engulfed the administra- rating agencies and law Using the 2011 merger effective, whether they are operating in throughout financial institutions, accounting and law tion during the last half of 1973 and the between Comcast and islands or offshore; and, third, with inquir- firms, credit rating agencies, and stock exchanges, and he first few months of 1974.(See page 34 for firms, among other Wall Street NBC Universal as a lens, ing into ways the international legal offers a path back to corporate trust and integrity. a tribute to Robert Bork.) mainstays, continue to thrive she examines how we system might be improved. Reisman ’64 “For years I have discussed the economic theory of repu- have created the biggest monopoly since llm, ’65 jsd identifies the individual as tation in my classes. It finally dawned on me that the tradi- despite reputations for the breakup of Standard oil a century ago. the ultimate actor in international law tional economic theory, which posits that financial firms incompetence or shady dealings or simply for This book explores how telecommunica- and explores the dilemmas of meaningful and regulators must have strong reputations for integrity tions monopolies have affected the daily individual commitment to a world order in order to survive, has lost its explanatory power,” Professor putting their own interests ahead of their lives of consumers and also America’s of human dignity amid interlocking com- Macey said. “The SEC, certain banks and investment banks, customers.” global economic standing. munities and overlapping loyalties. 16 17 yale law report summer 2013 Jill R. Hodges, Anne Marie Kimball, Saru Jayaraman Timothy D. Lytton Richard L. Revesz and and Leigh Turner, Editors Behind the Kitchen Door Kosher: Private Regulation Michael A. Livermore, Editors Risks and Challenges in Cornell University Press, 2013 in the Age of Industrial Food The Globalization of Cost-Benefit Medical Tourism Harvard University Press, 2013 Analysis in Environmental Policy how do restaurant Praeger, 2012 Oxford University Press, 2013 workers live on some Generating more than A multidisciplinary, international of the lowest wages in $12 billion in annual In a book that includes team (including hodges ’78 msl) America? And how do sales, kosher food is both theoretical and examines the growing global poor working condi- big business. It’s also Gerard M. Magliocca practical discussion, phenomenon of cross-border tions—discriminatory an unheralded story American Founding Son: revesz ’83 and Livermore travel for procedures ranging labor practices, exploi- of successful private- John Bingham and the Invention of examine how cost- from tummy tucks to heart sur- tation, and unsanitary sector regulation in an the Fourteenth Amendment benefit analysis can help gery—and the challenges that kitchens—affect the era of growing concern NYU Press, 2013 developing and emerging meals that arrive at our over the government’s arise when health care becomes John Bingham was the countries confront the restaurant tables? Jayaraman ’00, who ability to ensure food a global commodity in a largely architect of the rebirth of next generation of envi- launched the national restaurant workers’ safety. Lytton ’91 uncovers how inde- unregulated market. Topics explored the United States following ronmental and public- organization restaurant opportunities pendent certification agencies rescued include the paucity of legal remedies avail- the Civil war. Drawing on his health challenges. This book examines the Centers United, sets out to answer these American kosher supervision from fraud Noah Messing able when procedures go awry; potential personal letters and speeches, growing reach of cost-benefit analysis; questions by following the lives of restau- and corruption and turned it into a model The Art of Advocacy: consequences when patients cross borders