Books & Book Chapters by Maurer Faculty

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  Constitutional Law: The Religion Clauses, 2nd edition

  Daniel O. Conkle

  This book provides an analytical framework for understanding and evaluating the Supreme Court’s decisions under the Religion Clauses. It contends that the Religion Clauses reflect a variety of embedded and evolving constitutional values, and it suggests how those values, alone and in combination, can help explain the complex body of judicial decisions in this area. In the course of its discussion, the text highlights all of the major facets of contemporary doctrine under both the Free Exercise and the Establishment Clauses.

  Part of the Turning Point series.

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  "James Wilson" and "Arthur A. Ballantine"

  Stephen A. Conrad and Ajay K. Mehrotra

  Professor Conrad's contribution is a profile of James Wilson, pp. 594-595.

  Professor Mehrotra's contribution is a profile of Arthur A. Ballantine pp.27-28.

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  Labor and Employment Law and Economics (edited by Kenneth G. Dau-Schmidt, Seth D. Harris and Orly Lobel)

  Kenneth G. Dau-Schmidt, Seth D. Harris, and Orly Lobel

  The economic analysis of labor and employment law is a bold effort to apply economic theory to explain important empirical facts about the regulation of the employment relationship and to provide positive predictions and normative analyses that are useful to policy-makers. This book draws together 24 chapters, by leading scholars in the field, summarizing the important theoretical and empirical work that has been done to date on a wide spectrum of labor and employment law topics including: regulating employment contracts, unions, collective bargaining, minimum wages, health insurance, executive pay, workers’ compensation, unemployment, occupational health and safety, discrimination, needs of families, training and slave labor, to name but a few.

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  House v. Bell and the Death of Innocence

  Joseph L. Hoffmann

  Professor Hoffman's contribution, chapter 12, is titled "House v. Bell and the Death of Innocence".

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  Department of Justice: Restoring Integrity and the Rule of Law

  Dawn E. Johnsen

  Professor Johnsen's contribution is titled "Department of Justice: Restoring Integrity and the Rule of Law."

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  The Story of Hamdan v. Rumsfeld: Trying Enemy Combatants by Military Commission

  Dawn E. Johnsen

  Professor Johnsen's contribution is titled "The Story of Hamdan v. Rumsfeld: Trying Enemy Combatants by Military Commission."

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  It's Not Just Teaching

  Leandra Lederman

  Professor Lederman's contribution is titled "It's Not Just Teaching."

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  Tax Controversies: Practice and Procedure, 3rd edition

  Leandra Lederman and Stephen W. Mazza

  This casebook teaches the mechanics of tax procedure, while stimulating students to think about the broader issues that underlie its structural framework. This edition of Tax Controversies: Practice and Procedure begins with an overview of civil tax procedure and an in-depth discussion of the federal tax gap and the many approaches to closing it. Several of the next chapters focus on stages in the chronology of a typical tax controversy, from examination through eventual litigation. In addition, two chapters focus on tax research and representing tax clients and a new chapter addresses ethics issues in tax cases. An underlying theme - the extent to which the current procedural rules encourage or discourage voluntary compliance with the federal tax system - runs throughout the book.

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  The Thunder of History: The Origins and Development of the New Fiscal Sociology

  Isaac William Martin, Ajay K. Mehrotra, and Monica Prasad

  In addition to co-editing this publication, Professor Mehrotra, co-wrote the first chapter, "The Thunder of History: The Origins and Development of the New Fiscal Sociology."

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  Presuming Guilt or Protecting Victims?: Analyzing the Special Treatment of Those Accused of Rape

  Aviva A. Orenstein

  Professor Orenstein's contribution, chapter 15, is titled "Presuming Guilt or Protecting Victims?: Analyzing the Special Treatment of Those Accused of Rape."

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  Just (and Efficient?) Compensation for Governmental Expropriations

  Jeffrey E. Stake

  Professor Stake's contribution is titled "Just (and Efficient?) Compensation for Governmental Expropriations."

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  Upper West Side Story: The Symphony Space, Inc. v. Pergola Properties, Inc. 669 NE.799 (1996)

  Jeffrey E. Stake

  Professor Stake's contribution is titled "Upper West Side Story: The Symphony Space, Inc. v. Pergola Properties, Inc. 669 NE.799 (1996)."

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  Policing in Schools: Developing a Governance Document for School Resource Officers in K-12 Schools

  India Geronimo Thusi and Catherine Y. Kim

  This White Paper argues that a formal governance document is necessary to ensure that law enforcement, school officials, and the communities they serve have a shared understanding of the goals of the SRO program, and that these officers receive the necessary support and training prior to their deployment.6 Absent specific guidelines, SROs may not have a clear understanding of their role within the larger educational context or the rights and needs of the children they are intended to serve; they may inadvertently, and indeed counterproductively, create an adversarial environment that pushes students, particularly at-risk students, out of school rather than engaging them in a positive educational environment. The reputation of law enforcement agencies, the climate of the schools, and, most important, the educational achievement and rights of public school students, suffer as a result. This White Paper identifies specific areas of concern to be addressed in a governance document for SRO programs. In the case of districts that contract with local police departments, these provisions should be set forth in a Memorandum of Understanding; in the case of districts that employ their own police force, they should be set forth in another appropriate format. In either case, the governance document should include language that:

  • Distinguishes between disciplinary misconduct to be handled by school officials and criminal offenses to be handled by law enforcement;
  • Respects the rights of children in school;
  • Ensures transparency and accountability;
  • Defines the role of SROs within the context of the educational mission of schools;
  • Provides minimum training requirements; and
  • Promotes non-punitive approaches to student behavior.

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  Constituting Equality Gender Equlity and Comparative Constitutonal Law

  Susan H. Williams and Christiana Ochoa

  Constituting Equality addresses the question, how would you write a constitution if you really cared about gender equality? The book takes a design-oriented approach to the broad range of issues that arise in constitutional drafting concerning gender equality. Each section of the book examines a particular set of constitutional issues or doctrines across a range of different countries to explore what works, where, and why. Topics include: governmental structure (particularly electoral gender quotas); rights provisions; constitutional recognition of cultural or religious practices that discriminate against women; domestic incorporation of international law; and the role of women in the process of constitution making. Interdisciplinary in orientation and global in scope, the book provides a menu for constitutional designers and others interested in how the fundamental legal order might more effectively promote gender equality.

  • Design-oriented - addressed to the question of how to draft or revise a constitution to promote gender equality • Interdisciplinary - includes chapters by political scientists and public activists as well as law professors • Global - includes contributors from every continent except Antarctica

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  Globalization from the Ground Up: A Domestic Perspective

  Alfred C. Aman

  Professor Aman's contribution, chapter 1 of volume 2, is titled "Globalization from the Ground Up: A Domestic Perspective."

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  Politics, Policy and Outsourcing in the United States: The Role of Administrative Law

  Alfred C. Aman

  Professor Aman's contribution is titled "Politics, Policy and Outsourcing in the United States: The Role of Administrative Law."