The Jerome Hall Law Library attempts to obtain at least two copies of all books authored by the Maurer faculty, one for our general collection and one for the faculty writings collection in our Archives Room. Additionally we collect copies of books authored or edited by others, but containing chapters by Maurer faculty. This digital gallery is just a sample of some of the recent books produced by our faculty. If available, links to electronic versions of the book or chapter are included.
Arrangement is by publication year, then by the last name of the faculty member authoring the publication. Use the search box, in the upper left-hand corner, to find a specific author/title.
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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.
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Substitutes for Legal Tender: Lessons from History for the Regulation of Virtual Currencies
Sarah Jane Hughes and Stephen T. Middlebrook
Professor Hughes' contribution, chapter 2, is titled Substitutes for Legal Tender: Lessons from History for the Regulation of Virtual Currencies. It is co-authored by Stephen T. Middlebrook.
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IP and Antitrust: An Analysis of Antitrust Principles Applied to Intellectual Property Law, 3rd edition
Mark D. Janis, Herbert Hovenkamp, Mark A. Lemley, Christopher Leslie, and Michael A. Carrier
Maximize intellectual property rights and minimize antitrust risks with the Third Edition of IP and Antitrust: An Analysis of Antitrust Principles Applied to Intellectual Property Law. While intellectual property licensing agreements are generally pro-competitive, antitrust issues can arise. Licensing arrangements raise concerns under the antitrust laws if they are likely to adversely affect the prices, quantities, qualities or varieties of goods and services available. Therefore, companies MUST factor these antitrust considerations into the drafting and review of these licensing agreements.
The Third Edition of IP and Antitrust: An Analysis of Antitrust Principles Applied to Intellectual Property Law is reorganized and rewritten to address the following important topics:
- Exclusion payment settlements in the pharmaceutical industry
- Post-expiration royalties and payments
- Monopolization and Refusals to License
- Tying, Exclusive Dealing and Related Licensing Practices
- REMS, product hopping and manipulation of the regulatory process
- Package Licensing, Blanket Licenses and Block-Booking
- Anticompetitive Royalty Provisions
- Resale Price Maintenance
Confidently draft and review intellectual property licensing agreements with IP and Antitrust: An Analysis of Antitrust Principles Applied to Intellectual Property Law.
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Copyright Law, 10th edition
Craig Joyce, Tyler T. Ochoa, Marshall A. Leaffer, and Michael Carroll
The Tenth Edition of Copyright Law features three new principal cases: the U.S. Supreme Court decisions in Kirtsaeng v. John Wiley & Sons and Aereo, Inc. v. American Broadcasting Cos., and the Second Circuit’s decision in Authors Guild v. Google, Inc. (the “Google Books” case). It also features a reorganization of Chapter 2, bringing much of Feist Publications v. Rural Telephone Service Co. forward, rather than deferring the full opinion to the end of Chapter 3, as in previous editions. The authors have also revised and updated the Notes and Questions throughout, to reflect the past three years of copyright case law.
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L'épuisement international du droit d'auteur depuis l'arrêt Kirtsaeng v. John Wiley & Sons: vers un nouveau modèle économique d'édition aux États-Unis
Marshall A. Leaffer
Professor Leaffer's contribution is titled, "L'épuisement international du droit d'auteur depuis l'arrêt Kirtsaeng v. John Wiley & Sons: vers un nouveau modèle économique d'édition aux États-Unis."
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Understanding Corporate Taxation, 3rd edtion
Leandra Lederman and Michelle Kwon
Now in its third edition, this clearly written Understanding treatise is designed to supplement any corporate tax casebook, providing a step-by-step explanation of the fundamentals of corporate tax law. Understanding Corporate Taxation includes discussion of relevant cases, checklists, diagrams of transactions, and numerous examples.
A volume in the Understanding series
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Big Data, Consent, and the Future of Data Protection
Michael Mattioli and Fred H. Cate
In addition to co-editing the volume, Professor Mattioli co-authored the "Introduction," pp.xi-xxi, and the "Conclusions," pp.199-211.
Professor Cate authored the first chapter, "Big Data, Consent, and the Future of Data Protection," pp.3-19.
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Securities Litigation and Enforcement in a Nutshell
Donna M. Nagy, Margaret V. Sachs, and Gerald J. Russello
The new Securities Litigation and Enforcement Nutshell focuses on an area of law that burgeoned more than a decade ago after the accounting and corporate governance scandals at Enron, WorldCom, and other large companies and then continued to expand with the 2008 financial crisis and subsequent legislation, including the Dodd-Frank Act of 2010 and the JOBS Act of 2012. The Nutshell examines private, SEC, and criminal enforcement of the federal securities laws, with an emphasis on the elements that establish securities fraud, and the doctrinal and practical issues that typically emerge in prosecuting or defending such claims. Because it focuses exclusively on securities litigation and enforcement, this Nutshell fills a gap in currently available materials and will be an essential resource not only for law students but also for attorneys (particularly those in large national law firms).
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Acing Evidence: Checklist Approach to Solving Evidence Problems
Aviva A. Orenstein
Acing Evidence offers a succinct, clear, and user-friendly review of federal evidence law. Providing many helpful examples and employing checklists at the end of every chapter, Acing Evidence presents an organized way to analyze evidence problems and spot hidden issues. This book is invaluable for reviewing evidence, preparing for the bar exam, and assessing evidence at trial. The second edition adds new examples, reflects rule changes, and expands the discussion of confrontation.
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Fat Chance
Aviva A. Orenstein
Confident at work but clueless at love, Claire is 40 and overweight—not a recipe she imagines can solve the romance gap. Dealing with her father’s death and an angry teen doesn’t make it easier. Finding no help from her ex, who is distracted by remarriage to a much younger woman, Claire copes by relying on a faithful circle of friends, a wicked sense of humor, and a new interest in fitness. When Claire meets Rob, a beguiling, slightly pudgy man at the gym, there is an instant connection. Just maybe she can haul the composure she finds at work into the gym with her. Or is it fat chance for that?
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Property Law Reflections of a Sense of Right and Wrong
Jeffrey E. Stake
Professor Stake's contribution is titled, "Property Law Reflections of a Sense of Right and Wrong," pp. 277-287.
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Transforming the System
India Thusi and Robert L. Carter
Our criminal justice system must keep all communities safe, foster prevention and rehabilitation, and ensure fair and equal justice. But in too many places, and in too many ways, our system is falling short of that mandate and with devastating consequences. The United States is saddled with an outdated, unfair, and bloated criminal justice system that drains resources and disrupts communities.
The U.S. prison population has swelled to unprecedented levels and unequal, unjustified treatment based on race and ethnicity is well documented. People of color, particularly Native American, African American, and Latino people, have felt the impact of discrimination within the criminal justice system. As of 2012, there were 2.2 million people incarcerated in the United States, costing our nation $80 billion—funds that could go to worthier options, such as education and community enrichment. In addition, many immigrants experience mandatory detention, racial profiling, and due process violations because of laws and policies that violate their human rights—and the principles of equal justice, fair treatment, and proportionality under our criminal justice system.
The good news is that we as a nation are at a unique moment in which there is strong public, bipartisan support for criminal justice reform, positive policy developments in many parts of the country, and mass action and social movements for change, including the Movement for Black Lives and Black Lives Matter. More is needed, however, to move from positive trends to transformative, lasting change. There is a lack of positive solutions and alternatives in public discourse, and inadequate coordination among pro-reform advocates and commentators. Several interviewees for The Opportunity Agenda’s Criminal Justice Report, including leading criminal justice and civil rights activists, scholars, and government officials, noted that they often work in silos on their discrete issues with limited collaboration among sectors. They identified a need for a more coordinated and sophisticated effort that would consolidate the gains that have been made and support sustained reform efforts going forward. This is doubly true at the intersection of criminal justice and immigration. While grassroots movements are increasingly working across these sectors, the issues are often disconnected in public discourse.
To address these deficits, this document identifies and explains pragmatic policy solutions for comprehensive criminal justice6 reform, consolidating recommendations on a cross-section of issues, and is a tool for communicating about these solutions. It highlights practical solutions that are effective, fair, and efficient. The issues are examined in an inclusive and intersectional manner, considering the unique ways that race, gender, gender identity, sexual expression, and health status affect criminal justice administration. Nonetheless, this is a living document that will be updated periodically as good ideas continue to be developed by criminal justice practitioners, advocates, and scholars. The solutions are intended, in part, to aid the promotion of criminal justice reforms and should be used in tandem with our communications tools to advance a shared narrative about transforming the criminal justice system.
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Navigating Cultural Difference
Carwina Weng
Professor Weng's contribution, co-authored with Margaret Reuter, is titled "Navigating Cultural Difference."
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Customary Law, Constitutional Law and Women's Equality
Susan H. Williams
Professor Williams' contribution to this volume is chapter 4, "Customary Law, Constitutional Law and Women's Equality."