Books & Book Chapters by Maurer Faculty

Follow

• 

  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.

• 

  Understanding Civil Procedure, The California Edition

  Charles G. Geyh, Gene R. Shreve, Walter W. Heiser, and Peter Raven Hansen

  The California edition expands the latest edition of the well-established treatise Understanding Civil Procedure to explore California's unique approach. Each chapter begins with the federal doctrine, followed by a section on how California approaches the topic. The book is primarily intended as a reference for law school civil procedure students in California. However, its treatment of recent developments may make it useful to some practitioners as well.

  The treatise is premised on the assumption that the key to understanding the principles of civil procedure is to know why: why the principles were created and why they are invoked. The treatise is written to answer these questions as it lays out the basic principles of civil procedure. It also reflects the authors' belief that students of civil procedure can understand and appreciate complex principles when they are clearly presented; teaching civil procedure does not require dumbing it down. Although they discuss important civil procedure cases in the text, thus supporting the most widely used civil procedure casebooks using these same cases, they also provide useful references to secondary sources and illustrative cases for the reader who wants to explore further.

• 

  Understanding Civil Procedure, 5th ed.

  Charles G. Geyh, Gene R. Shreve, and Peter Raven-Hansen

  This well-established treatise is premised on the assumption that the key to understanding the principles of civil procedure is to know why: why the principles were created and why they are invoked. The treatise is written to answer these questions as it lays out the basic principles of civil procedure. It also reflects the authors' belief that students of civil procedure can understand and appreciate complex principles when they are clearly presented; teaching civil procedure does not require dumbing it down.

  The authors use the Federal Rules of Civil Procedure as a model, but they also refer to different state rules and doctrines where appropriate in order to present a representative cross-section of state models. Although they discuss important civil procedure cases in the text, thus supporting the most widely used civil procedure casebooks using these same cases, they also provide useful references to secondary sources and illustrative cases for the reader who wants to explore further.

  Part of the LexisNexis Understanding Series.

• 

  Trademark and Unfair Competition in a Nutshell

  Mark D. Janis

  This text provides a comprehensive treatment of trademark, unfair competition, and related areas, with international and Internet issues integrated throughout.

• 

  Exceptional or Not? An Examination of India's Special Courts in the National Security Context

  Jayanth K. Krishnan

  Professor Krishnan's contribution, co-written with Viplav Sharma, is titled "Exceptional or Not? An Examination of India's Special Courts in the National Security Context."

• 

  Quasi-Patents and Semi-Patens in Biobanking

  Michael Mattioli

  Professor Mattioli's contribution, co-written with Gideon Parchomovsky, is titled "Quasi-Patents and Semi-Patens in Biobanking."

• 

  From Seligman to Shoup: The Early Columbia School of Taxation and Development

  Ajay K. Mehrotra

  Professor Mehrotra's contribution, chapter 2, is entitled, "From Seligman to Shoup: The Early Columbia School of Taxation and Development."

• 

  Making the Modern American Fiscal State: Law, Politics, and the Rise of Progressive Taxation, 1877-1929

  Ajay K. Mehrotra

  At the turn of the twentieth century, the US system of public finance underwent a dramatic transformation. The late nineteenth-century regime of indirect, hidden, partisan, and regressive taxes was eclipsed in the early twentieth century by a direct, transparent, professionally administered, and progressive tax system. In Making the American Fiscal State, Ajay K. Mehrotra uncovers the contested roots and paradoxical consequences of this fundamental shift in American tax law and policy. He argues that the move toward a regime of direct and graduated taxation marked the emergence of a new fiscal polity - a new form of statecraft that was guided not simply by the functional need for greater revenue but by broader social concerns about economic justice, civic identity, bureaucratic capacity, and public power. Between the end of Reconstruction and the onset of the Great Depression, the intellectual, legal, and administrative foundations of the modern fiscal state first took shape. This book explains how and why this new fiscal polity came to be.

  First comprehensive history of the fundamental transformation in American public finance that has given us our current US tax system.

  Explores national, state and local efforts at fundamental tax reform at the turn of the twentieth century.

  Uses tax law and policy as a vehicle to understand the historical significance of the Gilded Age and Progressive Era.

• 

  Advancing Technology & Aging Democracy

  Joseph A. Tomain

  Professor Tomain's contribution is titled, "Advancing Technology & Aging Democracy."

• 

  Skills & Values: Administrative Law

  Alfred C. Aman

  Skills & Values: Administrative Law allows students to experience the connection among theory, doctrine, and practice in administrative law. The exercises provide an opportunity for studying concepts from the perspective of a practicing attorney who must not only know the law, but also employ lawyering skills and values - such as legal strategy, factual development, advocacy, counseling, drafting, problem solving, and ethical principles - in zealously representing a client.

  Each chapter in Skills & Values: Administrative Law addresses a specific topic covered in most administrative law school courses. The chapters begin with an introduction to help bridge the gap between the actual practice of law and the doctrine and theory studied in class. Students will then have the opportunity to engage in active, "hands-on" learning by working through a stand-alone exercise that simulates a real-life legal dilemma. The exercises are as authentic as possible, incorporating materials such as legal pleadings, motions, correspondence, judicial opinions, statutes, discovery materials, and deposition excerpts. The self-assessment tool included at the end of each chapter suggests ways that a practicing attorney might have approached each exercise. It is not meant to provide "the answer," but to identify issues and strategies students should have considered in order to effectively represent a client.