Books & Book Chapters by Maurer Faculty

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  Being Your Own Boss: The Career Trajectories and Motivations of India's Newest Corporate Lawyers

  Jayanth K. Krishnan

  Professor Krishnan's contribution is chapter 6, titled: "Being Your Own Boss: The Career Trajectories and Motivations of India's Newest Corporate Lawyers." It is co-written with Patrick W. Thomas.

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  Taking Baby Steps: How Patients and Fertility Clinics Collaborate in Conception

  Jody L. Madeira

  In Taking Baby Steps, Jody Lyneé Madeira takes readers inside the infertility experience, from dealing with infertility-related emotions to forming treatment relationships with medical professionals and confronting difficult medical decisions. Based on hundreds of interviews, this book investigates how women, men, and medical professionals negotiate infertility’s rocky terrain to create life and build families—a journey across personal, medical, legal, and ethical minefields that can test mental and physical health, friendships and marriages, spirituality, and financial security.

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  Cancer: From a Kingdom to a Commons

  Michael Mattioli

  Professor Mattioli's contribution is chapter 7, "Cancer: From a Kingdom to a Commons."

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  Securities Litigation and Enforcement: Cases and Materials, 4th edition

  Donna M. Nagy, Richard Painter, and Margaret V. Sachs

  This casebook focuses on federal securities litigation and enforcement, an area of law that encompasses private litigation, Securities & Exchange Commission (SEC) enforcement, criminal enforcement by the Department of Justice (DOJ), and securities arbitration. The fourth edition incorporates developments since 2011. These include the Jumpstart Our Business Startups (JOBS) Act of 2012 as well as numerous major Supreme Court decisions that appear as principal cases – Salman v. United States; Omnicare, Inc. v. Laborers District Council Construction Industry Pension Fund; Halliburton Co. v. Erica P. John Fund, Inc. (Halliburton II); Chadbourne & Parke LLP v. Troice, and Amgen, Inc. v. Conn. Ret. Plans & Trust Funds.

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  Generating Conflict: Gold, Water, and Vulnerable Communities in the Colombian Highlands

  Christiana Ochoa

  Professor Ochoa's contribution is titled, "Generating Conflict: Gold, Water, and Vulnerable Communities in the Colombian Highlands."

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  Trial Objections Handbook

  Aviva Orenstein and Roger C. Park

  Trial Objections Handbook is the only resource you need to make or defend every possible evidentiary objection. You'll get clear explanations of all 109 objections commonly used in civil and criminal court, as well as each objection's basis in law. Your objections will be timely, effective, and unshakable, because Trial Objections Handbook covers how to:

  • Instantly recognize improper evidence and respond appropriately with a correctly phrased, well-researched objection
  • Reduce your opponent's opportunities to object by asking questions that will withstand any attack

  A quick-reference guide is included that provides a shorthand version of information from the main book for easy use in court.

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  Judgment: What Law Judges can Learn From Sports Officiating and Art Criticism

  William D. Popkin

  In Federalist No. 78, Alexander Hamilton tells us that judges have “merely” judgment but does not explain what judgment means. This book provides that explanation. It compares judgment across a range of activities—consumer choices, religion, sports officiating, art and food criticism, and law—with the goal of better understanding legal judgment. After exploring these various modes of comparison, the book concludes that law judging is fundamentally discretionary and uncertain. It then falls to the legal profession to explain to the public, without undermining respect for law, why this is so. In this way, not unlike our perception of the uncertainties that confront sports officials or that pervade scientific research, the public will come to appreciate the struggles that law judges encounter when making judgments.

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  Statutory Interpretation: A Pragmatic Approach

  William D. Popkin

  This coursebook emphasizes a particular perspective on statutory interpretation—pragmatic judging, which means that the judge is influenced by substantive background considerations. This perspective is also sensitive to the historical framework that shapes modern statutory interpretation, to the institutional setting in which interpretation occurs, and to the reality that statutes can be a source of law (even when there is no common law power). The book concludes with an exploration of the rules governing the lawmaking process, especially those found in state constitutions.

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  Federal Courts: Cases and Materials on Judicial Federalism and the Lawyering Process, 4th edition

  Ryan W. Scott, Arthur D. Hellman, David R. Stras, and F. Andrew Hessick

  This fourth edition, like its predecessors, builds on the traditional model of the Federal Courts course but also emphasizes giving students the grounding they need to be effective litigators. The book provides a coherently organized and accessible approach to issues of federalism, separation of powers, and institutional competency, and it includes all the classic Federal Courts cases. Carefully designed problems require students to apply statutory and doctrinal materials to particular situations that a client may face. Streamlining of some topics and selective cuts have substantially reduced the size of the new edition

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  Human Rights in State Courts

  India Thusi and Robert L. Carter

  Human rights are among society’s most powerful ideals. The notion that all people have rights, simply by virtue of their humanity, has sparked new nations, inspired countless freedom movements, and transformed the relationship between people and their governments in places big and small around the globe. The founders of our country declared that we are all created equal and endowed with certain inalienable rights, and that opinions of other nations are entitled to “decent respect.” In the aftermath of the Holocaust and World War II, the United States helped craft the Universal Declaration of Human Rights (UDHR) and the modern international human rights system. Throughout our history, the concept of human rights has been central to our nation’s struggles to achieve equality and justice for all.

  Now, more than ever, domestic protection of human rights norms will be crucial as the social justice community braces itself for uncertainty following threats to widely accepted human rights norms. Courts continue to be a venue for human rights advocacy and to secure and protect fundamental rights, equal justice, and human dignity. State courts are of particular importance because they often consider economic, social, and cultural rights, and in interpreting state law they have the independence to recognize a broader range of rights than federal courts. In addition, state courts may be called on to interpret and apply international treaties, including human rights treaties.

  Recognizing this important aspect of the implementation of human rights law in the United States, this report updates our 2014 report, which details the ways in which state courts have considered and interpreted human rights. This report is intended for public interest lawyers, state court litigators, and judges, and also for state and municipal policymakers interested in integrating compliance with international human rights law into their domestic policies.

  Litigants have continued to make arguments based on international human rights in state courts since the last version of this report was published in 2014. As we noted in the 2014 report, many of these arguments have been cursorily dismissed, with a few courts and individual judges staking out their opposition to the application of international human rights law. However, some state courts have considered and affirmatively used international human rights law as persuasive authority for the interpretation of state constitutions, statutes, and common law. Further, individual judges regularly draw on human rights norms in concurring or dissenting opinions. This updated publication is a supplement to the 2014 report and focuses on cases that have been decided since that report was decided.

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  A Second Panglong Agreement: Burmese Federalism for the Twenty-first Century

  David C. Williams

  Professor Williams' contribution, chapter 3, is titled "A Second Panglong Agreement: Burmese Federalism for the Twenty-first Century."

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  Sometimes Guns Are the Answer: The Path to Autonomy in Tibet, Burma, and South Sudan

  David C. Williams

  Professor Williams' contribution to this volume is chapter 11, "Sometimes Guns Are the Answer: The Path to Autonomy in Tibet, Burma, and South Sudan."

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  Religion, Custom, and Legal Pluralism

  Susan H. Williams

  Professor Williams' contribution is chapter 15, "Religion, Custom, and Legal Pluralism."

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  Migrations constitutionnelles d'hier et d'aujourd'hui (edited by Elisabeth Zoller)

  Elisabeth Zoller

  The 4th International Symposium of the CDPC on "Constitutional Migration of Yesterday and Today" is part of its program of research on the values of public law.

  In the interstate circulation of legal institutions or principles of freedom, some transfers succeed when others fail. In terms of success, the transfiguration of Germany in the 1930s into an exemplary state of law that today serves as a model for states emerging from dictatorships is a true miracle. In terms of failures, Russia's difficulties in becoming a liberal state, China's refusal to accept pluralism, Islam's resistance to insisting on the principle of separation between religion and the state bear witness to the complex issues that pose the phenomena of legal acculturation. To these questions, the comparative study of public rights must give answers.

  Contributions gathered here that cover countries as diverse in ancient worlds as China, India, the Maghreb countries, Turkey or Russia, and in the new worlds, Latin America and South Africa, it appears that these answers cannot be univocal. It is necessary to mobilize several knowledges to succeed to make love freedom in societies more and more globalized.

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  A Brief History of United States Energy Policy

  Daniel H. Cole

  Professor Cole's contribution to this collection is chapter 11, "A Brief History of United States Energy Policy."

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  Origins of Emissions Trading in Theory and Early Practice

  Daniel H. Cole

  Professor Cole's contribution, chapter 2, is titled "Origins of Emissions Trading in Theory and Early Practice."