Books & Book Chapters by Maurer Faculty

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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."

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  Religion, Law, and the Constitution

  Daniel O. Conkle

  This creative and tightly reasoned book brings a measure of coherency to this controversial and seemingly chaotic field of law. It begins by recounting the history of American religious liberty, from its Lockean origins to the First Amendment to the present day. Drawing upon that history, it identifies a set of embedded and evolving constitutional values: religious voluntarism, respect for religious identity, religious equality, and freedom of religious speech, as well as broader structural values such as preserving tradition, protecting government from religion, and protecting religion from government. The book returns to these values time and again as it explores and evaluates the Supreme Court’s contemporary First Amendment doctrine under the Free Exercise and Establishment Clauses, as well as its protection of religious speech under the Free Speech Clause. A separate chapter discusses other important sources of religious freedom, including the Religious Freedom Restoration Act (RFRA) and the Religious Land Use and Institutionalized Persons Act (RLUIPA).
  
  The book provides comprehensive and up-to-date coverage of all of the major facets of the Supreme Court’s decisionmaking, including the Court’s general doctrinal tests as well as its rulings and reasoning in particular areas, for example, concerning prayer and religious instruction in the public schools, religious symbolism in other settings, legislative prayer, financial aid to religious schools and organizations, and claims for religious exemptions under RFRA and RLUIPA. It provides selective coverage of lower court decisions as well, for instance, under the land use provisions of RLUIPA. It also includes references to leading academic works. In its concluding chapter, the book highlights ongoing developments in the American religious landscape and explains how they might affect the future of religious liberty in the United States.
  
  Offering clear exposition combined with creative and sophisticated analysis, this book will be of value not only to students but also to scholars, lawyers, and judges.

  Earlier editions published as, Constitutional Law The Religion Clause in 2003 and 2009.

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  Legal Protection for the Individual Employee, 5th edition

  Kenneth G. Dau-Schmidt, Matt Finkin, and Robert Covington

  This book is intended for courses on the individual rights of workers in the employment relationship, independent of courses on the law governing collective bargaining or employment discrimination. It can be used for one three credit survey course on employment law, or for two related courses on employment law and employee benefits, each of two credits. The book covers the full range of employment law subjects from the nature of the employment relationship, the definition of "employee", pre-employment screening, individual employment contracts, the employment at-will doctrine, exceptions to the employment at–will doctrine, obligations of employees, monitoring and control of employees, the regulation of pay and hours of work (FLSA), state and federal regulation of workers compensation, unemployment compensation, the regulation of occupational safety and health (OSHA), state and federal regulation of unemployment compensation, and the regulation of employee benefits (ERISA).
  
  The book has been substantially updated from the last issue to facilitate teaching and to include such topics as: a separate chapter on the definition of "employee", the Genetic Information Non-discrimination Act (GINA), employee privacy issues in the new information technology, the new restatement of employment law, and the Affordable Care Act (ACA). Where appropriate, the book presents interdisciplinary discussions of employment law problems from historical, sociological and economic perspectives. Efforts were also made to include relevant empirical evidence on important employment law questions. A recurring theme in the book, especially in the introductory chapter and the chapters on individual employment contracts and privacy, is the historical tension in the United States between legal ideologies of “free labor,” i.e., of the law as supporting a notion of labor that is "free" to contract for any employer imposed restraints or of the law as supporting a notion of labor that is "free" even from some unreasonable employer demands, with an eye towards equality and fairness. Another recurring theme in the book is when and how is it desirable to intervene in the labor market to address market failures to promote greater income equality, workplace health and safety, unemployment insurance, healthcare insurance and retirement income security.

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  Reynolds Revisited

  Luis Fuentes-Rohwer

  Professor Fuentes-Rohwer's contribution, co-written with Guy-Uriel E. Charles, is titled "Reynolds Revisited."

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  Courting Peril: The Political Transformation of the American Judiciary

  Charles G. Geyh

  The rule of law paradigm has long operated on the premise that independent judges disregard extralegal influences and impartially uphold the law. A political transformation several generations in the making, however, has imperiled this premise. Social science learning, the lessons of which have been widely internalized by court critics and the general public, has shown that judicial decision-making is subject to ideological and other extralegal influences. In recent decades, challenges to the assumptions underlying the rule of law paradigm have proliferated across a growing array of venues, as critics agitate for greater political control of judges and courts. With the future of the rule of law paradigm in jeopardy, this book proposes a new way of looking at how the role of the American judiciary should be conceptualized and regulated. This new, "legal culture paradigm" defends the need for an independent judiciary that is acculturated to take law seriously but is subject to political and other extralegal influences. The book argues that these extralegal influences cannot be eliminated but can be managed, by balancing the needs for judicial independence and accountability across competing perspectives, to the end of enabling judges to follow the "law" (less rigidly conceived), respect established legal process, and administer justice.

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  The Market for Recent Law Graduates

  William D. Henderson

  Professor Henderson's contribution, chapter 12, is titled "The Market for Recent Law Graduates."

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  Comprehensive Criminal Procedure, 4th

  Joseph L. Hoffmann, Ronald Jay Allen, William J. Stutz, Debra A. Livingston, Andrew Leipold, and Tracey L. Meares

  Comprehensive Criminal Procedure is a casebook for all introductory courses in criminal procedure law (including both investigation and adjudication courses, as well as comprehensive and survey courses). The casebook focuses primarily on constitutional criminal procedure law, but also covers relevant statutes and court rules. The casebook is deliberately challenging—it is designed for teachers who want to explore deeply not only the contemporary state of the law, but also its historical and theoretical foundations. The casebook incorporates a particular emphasis on empirical knowledge about the real-world impacts of law-in-action; the significance of race and class; the close relationship between criminal procedure law and substantive criminal law; the cold reality that hard choices sometimes must be made in a world of limited criminal justice resources; and, finally, the recognition that criminal procedure law always should strive to achieve both fairness to the accused and justice for society as a whole.