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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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. -
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.
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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.