Books & Book Chapters by Maurer Faculty

Follow

• 

  Defining Crimes, 2nd edition

  Joseph L. Hoffmann and William J. Stuntz

  The distinguished author team of William J. Stuntz and Joseph L. Hoffmann has written an innovative new casebook that moves the study of criminal law out of the classic law and philosophy framework (“Why do we punish?”) and into the real world (“How is criminal law interpreted and applied in today’s criminal justice system?”). The entirely new perspective of Defining Crimes reflects the essential nature of the problems and issues that affect criminal cases every day.

  Look for these key features:
  • New introductory sections to explain the fundamentals of the criminal law that students need to know to understand many of the chapters and sub-chapters
  • New secondary materials to provide greater social, historical, and/or political context for many of the issues that are covered in the book
  • New coverage of several aspects of self-defense law, focusing especially on the recent Trayvon Martin case as well as the “castle” and “stand your ground” doctrines
  • Revised and expanded discussion of the Model Penal Code’s basic culpability framework
  • Expanded coverage of battered woman/spouse syndrome
  • Expanded and updated coverage of medical marijuana laws and state decriminalization of marijuana
  • Updated cases and notes throughout the book

• 

  Patenting Plants

  Mark D. Janis

  Professor Janis' contribution, chapter 9, is tilted "Patenting Plants."

• 

  Trademarks and Unfair Competition: Law and Policy, 4th edition

  Mark D. Janis and Graeme B. Dinwoodie

  The many strands of trademark and unfair competition doctrine are carefully organized into a coherent conceptual framework divided into three parts: foundation and purposes, creation, and scope & enforcement. The traditional case-and-note format is enhanced by summarizing problems that help students understand intricate key topics. Trademarks and Unfair Competition features many issues related to the Internet, such as cybersquatting, keyword advertising, domain name disputes, the relationship between trademarks and domain name, and the potential secondary liability of online auction websites such as eBay. International as well as domestic issues are thoroughly explored. Comprehensive coverage of trade dress protection is integrated with issues of word mark protection.

  The Fourth Edition presents the Second Circuit’s important decision in Louboutin v. YSL as well as important new appellate decisions on functionality, including the Federal Circuit’s Becton Dickinson opinion and the decision of the Seventh Circuit in Franco & Sons. Also new to this edition: the Fourth Circuit’s decision in Rosetta Stone on trademark liability for keyword advertising and the Eleventh Circuit’s University of Alabama opinion on First Amendment limitations on the scope of trademark rights. New cases explore trademark fair use, including the DELICIOUS shoes case and the Tabari case on nominative fair use in connection with domain names. New applications of the trademark dilution are covered along with new anti-cybersquatting provisions, and new cases on remedies are introduced in the revised Fourth Edition.

• 

  Intellectual Property Law of Plants

  Mark D. Janis, Herbert H. Jervis, and Richard C. Peet

  Plant intellectual property law is a complex proposition which stands apart from other intellectual property endeavours, and this book seeks to elucidate on the key issues involved. This work encompasses aspects of plant innovation and related law in the US and overseas providing a global perspective.
  
  Full treatment is given to the legal and technological framework; intellectual property regimes of importance in plant breeding; formal grants of rights under plant variety protection schemes; plant and utility patent regimes and trade mark regimes. Antitrust restrictions on intellectual property licensing and international regulations on plant genetic resources are also covered in detail. All this ensures this text guarantees a comprehensive collection of all useful materials.
  
  Written by an expert team of both academics and practitioners, this book is the first to provide unique practical analysis on the creation and implementation of specialised, plant-specific intellectual property regimes.

• 

  Maternal-Fetal Relationship: Legal and Regulatory Issues

  Dawn E. Johnsen

  Professor Johnsen contributed the entry "Maternal-Fetal Relationship: Legal and Regulatory Issues."

• 

  Legitimacy of Courts and the Dilemma of their Proliferation: the Significance of Judicial Power in India

  Jayanth K. Krishnan

  Professor Krishnan's contribution, chapter 7, is titled "Legitimacy of Courts and the Dilemma of their Proliferation: the Significance of Judicial Power in India."

• 

  Clear and Ever-Present Dangers? Redefining ‘Closure’ in a Post 9–11 World

  Jody L. Madeira

  Professor Madeira's contribution, chapter 5, is titled "Clear and Ever-Present Dangers? Redefining ‘Closure’ in a Post 9–11 World."

• 

  The Visibly Offensive Offender: A Semiotic Phenomenology of an Execution

  Jody L. Madeira

  Professor Madeira's contribution, chapter 38, is titled "The Visibly Offensive Offender: A Semiotic Phenomenology of an Execution."

• 

  The Milošević Trial: An Autopsy

  Timothy W. Waters

  The Milošević Trial - An Autopsy provides a cross-disciplinary examination of one of the most controversial war crimes trials of the modern era and its contested legacy for the growing fields of international criminal law and post-conflict justice.
  
  The international trial of Slobodan Milošević, who presided over the violent collapse of Yugoslavia - was already among the longest war crimes trials when Milošević died in 2006. Yet precisely because it ended without judgment, its significance and legacy are specially contested. The contributors to this volume, including trial participants, area specialists, and international law scholars bring a variety of perspectives as they examine the meaning of the trial's termination and its implications for post-conflict justice. The book's approach is intensively cross-disciplinary, weighing the implications for law, politics, and society that modern war crimes trials create.
  
  The time for such an examination is fitting, with the imminent closing of the Yugoslav war crimes tribunal and rising debates over its legacy, as well as the 20th anniversary of the outbreak of the Yugoslav conflict. The Milošević Trial - An Autopsy brings thought-provoking insights into the impact of war crimes trials on post-conflict justice.

  This is the first cross-disciplinary examination of one of the longest, most controversial war crimes trials of the modern era and its contested legacy for the growing fields of international criminal law and post-conflict justice.

  Three distinct types of author are brought together in this volume, addressing the interests of three distinct audiences: Actual trial participants, including members of the defense and prosecution; leading scholars of international criminal law; and area studies experts, the last including voices from the former Yugoslavia.

  This volume incorporates law, political science, history and others perspectives, placing the trial and its impact in broader context relevant to thinkers and policymakers interested not only in the wars in Yugoslavia, but their practical lessons for other conflicts and other courts.

• 

  Social Difference and Constitutionalism in Pan-Asia

  Susan H. Williams, Steve Sanders, and David C. Williams

  In many countries, social differences, such as religion or race and ethnicity, threaten the stability of the social and legal order. This book addresses the role of constitutions and constitutionalism in dealing with the challenge of difference. The book brings together lawyers, political scientists, historians, religious studies scholars, and area studies experts to consider how constitutions address issues of difference across “Pan-Asia,” a wide swath of the world that runs from the Middle East, through Asia, and into Oceania. The book's multidisciplinary and comparative approach makes it unique. The book is organized into five sections, each devoted to constitutional approaches to a particular type of difference – religion, ethnicity/race, urban/rural divisions, language, and gender and sexual orientation – in two or more countries in Pan Asia. The introduction offers a framework for thinking comprehensively about the many ways constitutionalism interacts with difference.

  Includes an interdisciplinary analysis of constitutions and difference from the perspectives of law, political science, history, area studies and religious studies.

  Examines the issue of constitutions and difference across a wide swath of the world that includes all major religions, countless ethnic and linguistic groups, and a wide range of constitutional systems.

  Focuses on constitutions as mechanisms for dealing with difference.

  Maurer Professor Steve Sanders co-authored (with Sean Dickson) the chapter titled "India, Nepal, and Pakistan: A Unique South Asian Constitutional Discourse on Sexual Orientation and Gender Identity," while Maurer Professor David C. Williams contributed "Asymmetrical Federalism in Burma."

• 

  Hate Thy Neighbor: Move-In Violence and the Persistence of Racial Segregation in American Housing

  Jeannine Bell

  Despite increasing racial tolerance and national diversity, neighborhood segregation remains a very real problem in cities across America. Scholars, government officials, and the general public have long attempted to understand why segregation persists despite efforts to combat it, traditionally focusing on the issue of “white flight,” or the idea that white residents will move to other areas if their neighborhood becomes integrated. In Hate Thy Neighbor, Jeannine Bell expands upon these understandings by investigating a little-examined but surprisingly prevalent problem of “move-in violence:” the anti-integration violence directed by white residents at minorities who move into their neighborhoods. Apprehensive about their new neighbors and worried about declining property values, these residents resort to extra-legal violence and intimidation tactics, often using vandalism and verbal harassment to combat what they view as a violation of their territory.

  Hate Thy Neighbor is the first work to seriously examine the role violence plays in maintaining housing segregation, illustrating how intimidation and fear are employed to force minorities back into separate neighborhoods and prevent meaningful integration. Drawing on evidence that includes in-depth interviews with ordinary citizens and analysis of Fair Housing Act cases, Bell provides a moving examination of how neighborhood racial violence is enabled today and how it harms not only the victims, but entire communities.

  By finally shedding light on this disturbing phenomenon, Hate Thy Neighbor not only enhances our understanding of how prevalent segregation and this type of hate-crime remain, but also offers insightful analysis of a complex mix of remedies that can work to address this difficult problem.

• 

  "The Puzzles of Racial Extremism in a 'post-racial' World" and "The Racial Metamorphosis of Justice Kennedy and the Future of Civil Rights"

  Jeannine Bell and Luis Fuentes-Rohwer

  Professor Bell's contribution is titled, "The Puzzles of Racial Extremism in a 'post-racial' World."

  Professor Fuentes-Rohwer's contribution is titled, "The Racial Metamorphosis of Justice Kennedy and the Future of Civil Rights."

• 

  The History and Conceptual Elements of Critical Race Theory

  Kevin D. Brown

  Professor Brown's contribution, chapter 1, is titled "The History and Conceptual Elements of Critical Race Theory."

• 

  The Rise and Fall of the One-Drop Rule: How the Importance of Color Came to Eclipse Race

  Kevin D. Brown

  Professor Brown's contribution, chapter 3, is entitled "The Rise and Fall of the One-Drop Rule: How the Importance of Color Came to Eclipse Race."

• 

  Data Protection Principles for the 21st Century

  Fred H. Cate, Peter Cullen, and Viktor Mayer-Schonberger

  This paper proposes revisions to the OECD Guidelines that include basic changes essential for the protection of individual privacy in the 21st century, while avoiding unnecessary restrictions on uses of personal information that are increasingly important.

• 

  Judicial Conduct and Ethics, 5th edition

  Charles G. Geyh, James J. Alfini, Steven Lubert, and Jeffery M. Shaman

  Judges are expected not simply to decide the law but to exemplify it. In the face of increasing public scrutiny and a welter of new decisions, even the best-intentioned judges can find themselves at a loss. Here is the authoritative, practical guidance you need to ensure judicial activities are irreproachable.

  Now in its fifth edition, Judicial Conduct and Ethics has established its reputation as the nation's most definitive guide to the conduct of federal, state, and local judges. The new edition, which keeps pace with recent developments in this fast-evolving field, builds on this tradition.

  Setting the stage with an illuminating discussion of the use of power, Judicial Conduct and Ethics addresses the complete spectrum of judicial conduct, including uses and abuses of judicial power, judicial demeanor, disqualification, ex parte communications, case management, financial activities and disclosure, civic and charitable activities, personal conduct, political activities, civil and criminal liability, methods of discipline and removal, and disability and retirement. The book analyzes conduct that will subject judges to discipline under applicable codes of judicial conduct, and offers insights and advice on best practices.