Digital Repository @ Maurer Law

Follow

• 

  Administrative Law and Process, 4th Edition

  Alfred C. Aman, William Penniman, and Landyn Wm. Rookard

  Administrative law processes enhance participation, transparency, fairness, and access to information in administrative agencies and the government generally. The fourth edition of Administrative Law and Process highlights these issues in a timely manner through both classic and current cases. In Part I, how agencies exercise their powers is explored.

  In Part II, the structural and constitutional issues that flow from legislative, executive, and judicial oversight is explored. Key doctrines of administrative law are thoroughly addressed throughout this book, to which Part III adds a new dimension. It focuses directly on how lawyers actually practice administrative law through a series of drafting and strategic planning problems. The three parts of the book are closely interrelated giving professors the option of involving students in simulations that relate to the doctrines and issues they are studying.

• 

  The Law of Toxic Substances and Hazardous Wastes

  John S. Applegate, Jan G. Laitos, Mary Jane Angelo, and Jeffrey M. Gaba

  The Law of Toxic Substances and Hazardous Wastes is the definitive treatise on federal and state regulation of that special class of pollutants which are the most deadly. It is co-authored by four law professors holding four endowed professorships at four law schools, who have written extensively in this area. The treatise covers the entire range of topics involving legal institutions, statutes, and court cases addressing the growing problem of toxic substances and hazardous wastes. The book explores the question of how to measure and weigh and assess risk, especially in the face of uncertainty, and whether cost-benefit analysis should be used to decide upon an acceptable level of toxic and hazardous pollution. It provides an in-depth analysis of federal statutes designed to regulate toxic substances and insecticides/pesticides. And it considers the two primary hazardous waste prevention and removal statutes –RCRA and CERCLA. Apart from statutory and regulatory analysis, the treatise also includes a chapter on the specialized tort field of common law toxic torts. The treatise is an up-to-date comprehensive summary of the laws, court cases, and issues that arise when legal institutions seek to address the removal and regulation of chemicals and poisons that can do the most damage to humans and living organisms.

• 

  Pioneers of Environmental Law (edited by Jan G. Laitos and John Copeland Nagle)

  Daniel H. Cole

  This book is intended to introduce the reader to examples of some of the persons who helped to invent and develop the field of environmental law. Some of these pioneers are well known; some are more obscure, but still have played critical roles in field of environmental law. A “pioneer” is among the first to explore a new area. And a pioneer of environmental law may be one who (1) first recognized the importance of the natural environment, (2) helped to invent the relatively new doctrine of environmental law and then ensured that it would survive, or (3) once the new law was accepted, took new and creative approaches to established principles and applied these ideas to environmental law. The pioneers discussed in this book represent these three types, or classes, of pioneers—“True Pioneers,” “Creators and Saviors,” and “Innovators.”

  Professor Cole's contribution is Chapter 7: "Elinor Ostrom, Pioneer of the Commons (and Much More).

• 

  The Cambridge Handbook of U.S. Labor Law for the Twenty-First Century (edited by Richard Bales and Charlotte Garden)

  Kenneth G. Dau-Schmidt

  Over the last fifty years in the United States, unions have been in deep decline, while income and wealth inequality have grown. In this timely work, editors Richard Bales and Charlotte Garden - with a roster of thirty-five leading labor scholars - analyze these trends and show how they are linked. Designed to appeal to those being introduced to the field as well as experts seeking new insights, this book demonstrates how federal labor law is failing today's workers and disempowering unions; how union jobs pay better than nonunion jobs and help to increase the wages of even nonunion workers; and how, when union jobs vanish, the wage premium also vanishes. At the same time, the book offers a range of solutions, from the radical, such as a complete overhaul of federal labor law, to the incremental, including reforms that could be undertaken by federal agencies on their own.

  • Advances an ambitious agenda for labor law reform that will appeal to anyone concerned with the decline of American unions or the increase in income inequality
  • Approaches the challenges of labor law reform from many perspectives, and with an eye towards different policy levers, allowing the reader to judge which paths are most appropriate
  • Frames specific problems contributing to unions' declines and then proposes different types of reforms to address those problems

  Professor Dau Schmidt's contribution is titled, "The Problem of 'Misclassification' or How to Define who is an 'Employee' Under Protective Legislation in the Information Age."

• 

  Climate, Energy, Justice: The Policy Path to a Just Transition for an Energy-Hungry America, edited by the Center for Progressive Reform

  Robert L. Fischman

  Accomplishing the ambitious challenge of a clean energy transition that leaves no one behind requires insightful, creative, carefully crafted policies. In the pages that follow, CPR's co-authors offer recommendations addressing specific sectors critical to a clean transition, including electricity, transportation, and public lands, then go on to offer cross-cutting recommendations relevant throughout the federal government, addressing climate justice, governance mechanisms, and the relationships among federal agencies, the states, and the courts.

  Professor Fischman's contributions to this colleciton include the sections, "Federal Public Lands Policy and the Climate Crisis" and "Proposed Policy: Sequential Mitigation and Net Conservation Benefit."

• 

  Intellectual Property Law and Human Rights, 4th edition, edited by Paul L. C. Torremans

  Marshall A. Leaffer

  Once regarded as a niche topic, the nexus of intellectual property and human rights now lies in the eye of the storm that is today's global economy. In this expanded new edition of the pre-eminent work in this crucial area of legal theory and practice - with nine completely new chapters - well-known authorities in both intellectual property law and human rights law present an in-depth analysis and discussion of essential and emerging issues in the convergence of intellectual property law and human rights law. The fourth edition is fully updated to address current matters as diverse as artificial intelligence, climate change, and biotechnological materials, all centred on the relations between intellectual property and freedom of expression and the fundamental right to privacy in an intellectual property environment.

  The contributors address such topics as the following and more:

  • the status of copyright as a fundamental right
  • fair use, transformative use, and the US First Amendment
  • intellectual property in the jurisprudence of the European Court of Human Rights
  • freedom to receive and impart information under the EU Charter of Fundamental Rights
  • how to mitigate the risks article 17 of Directive 2019/970 poses to freedom of expression
  • fair dealing defences
  • algorithmic copyright enforcement and free speech
  • developing a right to privacy for corporations
  • expanding the role of morality and public policy in European patent law
  • ethical and religious concerns over patenting biotechnological invention

  As human rights issues continue to arise in an intellectual property context, practitioners, academics, and policymakers in both fields will continue to recognize and use this well-established cornerstone work in the debate as a springboard to the future development of the ever more prominent interface of intellectual property and human rights.

  Professor Leaffer's contribution to this volume is titled, "Fair use, transformative use and the First Amendment."

• 

  Understanding Corporate Taxation, 4th edition

  Leandra Lederman

  This clearly written treatise is designed to make the complex subject of corporate taxation very accessible. It uses straightforward language, charts, checklists, diagrams, and numerous examples to aid readers’ understanding, and the fourth edition is fully updated for the 2017 tax changes and the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). Understanding Corporate Taxation also includes discussion of relevant cases. It is designed to supplement any corporate tax casebook or to be used on its own.

  The book starts with an introductory chapter that discusses the choice of business form; details the general principle that corporate profits are subject to double taxation (once at the corporate level and again at the shareholder level); introduces the Qualified Business Income deduction; and discusses the basics of anti-abuse rules, such as the step-transaction doctrine. Those anti-abuse rules are explored in more detail in a later chapter, as are proposals to partially or fully eliminate double taxation.

  The next several chapters are organized using a cradle-to-grave approach that traces the life cycle of a corporation, beginning with formation and capitalization and ending with liquidation of the corporation. Between those events, the book discusses operational issues, including the capital structure of a corporation, distributions of cash or property, stock redemptions, and stock dividends. After corporate liquidations, the book explores more advanced topics, such as taxable stock or asset acquisitions; non-taxable corporate reorganizations and divisions; the carryover of tax attributes (such as net operating losses) following certain non-recognition transactions; and the treatment of corporate tax shelters. In addition, a chapter addresses the taxation of S corporations, which generally provides a single-tax paradigm. That chapter also discusses the Qualified Business Income deduction in detail, including several examples.

• 

  Cyber War and Cyber Peace in the Middle East, edited by Michal Sexton and Eliza Campbell

  Asaf Lubin

  Cyber War & Cyber Peace in the Middle East is an anthology of essays examining flashpoints and developments in conflict in the cyber domain in the past 10 years. This book, following the broad scope of the Middle East Institute’s Cyber Program, examines not only traditionally defined cyber warfare, but also information operations, authoritarian control of cyberspace, and surveillance issues. In summation, this work seeks to chronicle the history of this new domain in the unique geopolitical setting of the Middle East, and to offer policy proposals that can make it a more peaceful and equitable space.

  With a foreword by top national security and cyber expert Richard A. Clarke, this is the first anthology of its kind to specifically detail cyber warfare in the Middle East. It gathers an array of technical practitioners, social science scholars, and legal experts to study the history and state of Middle East cyber conflict through multiple dimensions. It demystifies this novel domain of conflict in this historied and complex region.

  For readers seeking a bird’s eye overview of cyber warfare and information operations in the Middle East, these essays serve as a practical starting point. As the cyber domain develops and the academic study of the field matures, cross-sectional analysis of cyber conflict from legal, technical, and regional angles will become more critical. This book captures a snapshot of the region’s still-early cyber history, clarifies how it may develop in the near- to medium-term future, and offers an idea of how its greatest risks can be avoided.

  Professor Lubin's contribution to this volume is chapter 2: "Cyber Insurance as Cyber Diplomacy."

• 

  Intellectual Property Law and the Fourth Industrial Revolution, edited by Christopher Heath, Anselm Kamperman Sanders and Anke Moerland

  Michael Mattioli

  The convergence of various fields of technology is changing the fabric of society. Big data and data mining, Internet of Things, artificial intelligence and blockchains are already affecting business models and leading to a social and economic transformations that have been dubbed by the fourth industrial revolution. Focusing on the framework of intellectual property rights, the contributions to this book analyse how the technical background of this massive transformation affects intellectual property law and policy and how intellectual property is likely to change in order to serve the society.

  Well-known authorities in intellectual property law offer in-depth chapters on the roles in this revolution of such concepts and actualities as the following:

  • power and role of data as the raw material of the revolution;
  • artificial inventors and creators;
  • trade marks in the dimension of avatars and fictional game characters;
  • concept of inventive step change where the person skilled in the art is virtual;
  • data rights versus intellectual property rights;
  • transparency in the context of big data;
  • interrelations of data, technology transfer and antitrust;
  • self-executable and 'smart' contracts;
  • redefining the balance among exclusive rights, development, technology transfer and contracts; and
  • proprietary information versus the public domain.

  The chapters also provide complete analyses of how big data changes decision-making processes, how sustainable development requires redefinition, how technology transfer is re-emerging as technology diffusion and how the role of contracts and blockchain as instruments of monitoring and enforcement are being defined.

  Offering the first in-depth legal commentary and analysis of this highly topical issue, the book approaches the fourth industrial revolution from the perspectives of technical background, society and law. Its authoritative analysis of how the data-driven economy influences innovation and technology transfer is without peer. It will be welcomed by practicing lawyers in intellectual property rights and competition law, as well as by academics, think tanks and policymakers.

  Professor Mattioli's contribution to this work is chapter 4: "Balancing AI Bias."

• 

  Trusts and Estates

  Jeffrey E. Stake

  Stake’s Trusts and Estates casebook is designed as a teaching tool for a basic course in trusts and estates. This casebook is less willing than some to assume that the goal of following the decedent's intent overrides other societal concerns. The book focuses on key cases and UPC provisions, with many fewer note cases than appear in standard casebooks, rather than providing hornbook-like coverage of the subject. The hope is that this narrower focus will make it easier for to students to understand what to study and perhaps make the book more readable than some casebooks. The casebook includes material from the 2019 amendments to the Uniform Probate Code. Stake's book can be easily covered in a 3-hour course, or can be supplemented with local law for a 4-hour course.

  The casebook includes a variety of policy questions for class discussion, from questions about the justice and efficiency of various UPC provisions to questions about the roles of courts and legislatures in making policy choices.

• 

  Boxing Pandora Rethinking Borders, States, and Secession in a Democratic World

  Timothy W. Waters

  A timely and provocative challenge to the foundations of our global order: why should national borders be unchangeable?
  
  The inviolability of national borders is an unquestioned pillar of the post–World War II international order. Fixed borders are believed to encourage stability, promote pluralism, and discourage nationalism and intolerance. But do they? What if fixed borders create more problems than they solve, and what if permitting borders to change would create more stability and produce more just societies? Legal scholar Timothy Waters examines this possibility, showing how we arrived at a system of rigidly bordered states and how the real danger to peace is not the desire of people to form new states but the capacity of existing states to resist that desire, even with violence. He proposes a practical, democratically legitimate alternative: a right of secession. With crises ongoing in the United Kingdom, Spain, Ukraine, Iraq, Syria, Sudan, and many other regions, this reassessment of the foundations of our international order is more relevant than ever.

• 

  Feminist Judgments Rewritten Employment Discrimination Opinions (edited by Ann C. McGinley and Nicole Buonocore Porter)

  Deborah A. Widiss

  How would feminist perspectives and analytical methods change the interpretation of employment discrimination law? Would the conscious use of feminist perspectives make a difference? This volume shows the difference feminist analysis can make to the interpretation of employment discrimination statutes. This book brings together a group of scholars and lawyers to rewrite fifteen employment discrimination decisions in which a feminist analysis would have changed the outcome or the courts' reasoning. It demonstrates that use of feminist perspectives and methodologies, if adopted by the courts, would have made a significant difference in employment discrimination law, leading to a fairer and more egalitarian workplace, and a more prosperous society.

  • Uses feminist theories and an intersectional approach to rewrite important cases in employment discrimination law, examining not only sex and gender but also race and religion
  • Employs commentaries before each rewritten case that explain how the rewritten cases differ from the original and how the rewritten case would have changed the law
  • Examines stereotypes, masculinities theory, and the role of implicit bias in discrimination

  Professor Widiss' contribution is the Judgment text of Chapter 3, Pregnancy Discrimination: Young v. United Parcel Services, Inc., 135 S.Ct. 1338 (2015)

• 

  Private International Law Contemporary Challenges and Continuing Relevance (edited by Franco Ferrari and Diego P. Fernández Arroyo)

  Hannah L. Buxbaum

  Is Private International Law (PIL) still fit to serve its function in today’s global environment? In light of some calls for radical changes to its very foundations, this timely book investigates the ability of PIL to handle contemporary and international problems, and inspires genuine debate on the future of the field.
  
  Separated into nine parts, each containing two perspectives on a different issue or challenge, this unique book considers issues such as the certainty vs flexibility of laws, the notion of universal values, the scope of party autonomy, the emerging challenges of extraterritoriality and global governance issues in the context of PIL. Further topics include current developments in forum access, the recognition and enforcement of judgments, foreign law in domestic courts and PIL in international arbitration.
  
  This comprehensive work will be of great value to scholars and students working across all areas of PIL. It will also be an important touchstone for practitioners seeking to think creatively about their cases involving conflict of laws and PIL.

  Professor Buxbaum contributed Chapter 9, "Extraterritoriality in the Public and Private Enforcement of U.S. Regulatory Law."

• 

  Routledge Handbook of the Study of the Commons

  Daniel H. Cole, Blake Hudson, and Jonathan Rosenbloom

  The "commons" has come to mean many things to many people, and the term is often used inconsistently. The study of the commons has expanded dramatically since Garrett Hardin’s The Tragedy of the Commons (1968) popularized the dilemma faced by users of common pool resources.

  This comprehensive Handbook serves as a unique synthesis and resource for understanding how analytical frameworks developed within the literature assist in understanding the nature and management of commons resources. Such frameworks include those related to Institutional Analysis and Development, Social-Ecological Systems, and Polycentricity, among others. The book aggregates and analyses these frameworks to lay a foundation for exploring how they apply according to scholars across a wide range of disciplines. It includes an exploration of the unique problems arising in different disciplines of commons study, including natural resources (forests, oceans, water, energy, ecosystems, etc), economics, law, governance, the humanities, and intellectual property. It shows how the analytical frameworks discussed early in the book facilitate interdisciplinarity within commons scholarship. This interdisciplinary approach within the context of analytical frameworks helps facilitate a more complete understanding of the similarities and differences faced by commons resource users and managers, the usefulness of the commons lens as an analytical tool for studying resource management problems, and the best mechanisms by which to formulate policies aimed at addressing such problems.

• 

  Labor Law in the Contemporary Workplace, 3rd Edition

  Kenneth G. Dau-Schmidt, Martin H. Malin, Roberto L. Corrada, Christopher David Ruiz Cameron, and Catherine Laura Fisk

  Labor Law in the Contemporary Workplace prepares students for the practice of labor law by introducing them to the principles of American labor law and many of the issues that labor attorneys face. The book is organized around contemporary problems as a means of teaching the core principles of labor law. Although the primary focus of the book is the National Labor Relations Act, considerable attention is given to the Railway Labor Act and public-sector labor laws because of their growing importance in contemporary practice. The third edition takes account of changes in the law since the first edition and second editions were published and in particular new interpretations of the National Labor Relations Act by the National Labor Relations Board and recent state restrictions on public sector collective bargaining.

• 

  Legal Pathways to Deep Decarbonization in the United States, edited by Michael B. Gerrard and John C. Dernbach

  Robert L. Fischman

  Legal Pathways to Deep Decarbonization in the United States provides a “legal playbook” for deep decarbonization in the United States, identifying well over 1,000 legal options for enabling the United States to address one of the greatest problems facing this country and the rest of humanity.

  The book is based on two reports by the Deep Decarbonization Pathways Project (DDPP) that explain technical and policy pathways for reducing U.S. greenhouse gas emissions by at least 80% from 1990 levels by 2050. This 80 x 50 target and similarly aggressive carbon abatement goals are often referred to as deep decarbonization, distinguished because it requires systemic changes to the energy economy.

  Legal Pathways explains the DDPP reports and then addresses in detail 35 different topics in as many chapters. These 35 chapters cover energy efficiency, conservation, and fuel switching; electricity decarbonization; fuel decarbonization; carbon capture and negative emissions; non-carbon dioxide climate pollutants; and a variety of cross-cutting issues. The legal options involve federal, state, and local law, as well as private governance. Authors were asked to include all options, even if they do not now seem politically realistic or likely, giving Legal Pathways not just immediate value, but also value over time.

  While both the scale and complexity of deep decarbonization are enormous, this book has a simple message: deep decarbonization is achievable in the United States using laws that exist or could be enacted. These legal tools can be used with significant economic, social, environmental, and national security benefits.

  Professor Fischman's contribution is Chapter 31, Forestry, co-authored with Federico Cheever and Robert B. McKinstry, Jr.