Books & Book Chapters by Maurer Faculty

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  Institutional and Technological Constraints on Environmental Instrument Choice: A Case Study of the U.S. Clean Air Act

  Daniel H. Cole

  Professor Cole's contribution, chapter 10, is titled "Institutional and Technological Constraints on Environmental Instrument Choice: A Case Study of the U.S. Clean Air Act."

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  Expression et Symbolisme Religieux dans la Tradition Constitutionelle Americaine: Neutralite de l'Etat, Mais Pas Indifference

  Daniel O. Conkle and Elisabeth Zoller

  Professor Conkle's contribution is titled, "Expression et Symbolisme Religieux dans la Tradition Constitutionelle Americaine: Neutralite de l'Etat, Mais Pas Indifference".

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  "'Minimal' Standards for Patent-Related Antitrust Law under TRIPS"

  Mark D. Janis

  Distinguished economists, political scientists, and legal experts discuss the implications of the increasingly globalized protection of intellectual property rights for the ability of countries to provide their citizens with such important public goods as basic research, education, public health, and environmental protection. Such items increasingly depend on the exercise of private rights over technical inputs and information goods, which could usher in a brave new world of accelerating technological innovation. However, higher and more harmonized levels of international intellectual property rights could also throw up high roadblocks in the path of follow-on innovation, competition and the attainment of social objectives. It is at best unclear who represents the public interest in negotiating forums dominated by powerful knowledge cartels. This is the first book to assess the public processes and inputs that an emerging transnational system of innovation will need to promote technical progress, economic growth and welfare for all participants.

  Includes the chapter, "'Minimal' Standards for Patent-Related Antitrust Law under TRIPS" by Maurer Professor Mark Janis.

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  Transgressive Cause Lawyering in the Developing World: The Case of India

  Jayanth K. Krishnan

  Professor Krishma's contribution, chapter 11, is titled "Transgressive Cause Lawyering in the Developing World: The Case of India."

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  The Story of the Corporate Reorganization Provisions: From 'Purely Paper' to Corporate Welfare

  Ajay K. Mehrotra

  Professor Mehrotra's contribution, chapter 2, is titled "The Story of the Corporate Reorganization Provisions: From 'Purely Paper' to Corporate Welfare."

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  Designing Federalism in Burma

  David C. Williams and Lian H. Sakhong

  This volume is designed to serve as a concise introduction to certain constitutional ideas that may be relevant to Burma. It contains three documents: one essay by Lian Sakhong, and two lectures that I delivered to the SCSC, over several days in November 2003 and August 2004. All three contain common themes. First, sometimes ideas can show us a way through problems that we had thought were impenetrable. Second, Burma’s problems have grown in part from some misunderstandings of certain ideas. In particular, many in Burma have imagined that governance can really occur only at the center: people look to the central government for ideas, initiative, direction, guidance, money, and even permission. They have feared that decentralization (when people look to state and local governments or even just to themselves as citizens) will lead to the breakdown of the social order. In fact, we know that the opposite is generally true: when the center tries to rule without the support and participation of the people, then the people invariably become angry and restless. Even democratic governments–perhaps especially democratic governments–need the people to be actively involved in their own governance, and the only feasible way for most people to govern themselves is at the local level. When the central government seeks to suppress local government, the people may rise up in arms, but when the central government seeks to support local government, the people may feel gratitude and devotion to the union. In other words, democracy and federalism are not in tension. In fact, it is hard to have democracy without also having some kind of federalism. Every well-functioning democratic government tries to empower the people, on a local basis, to take a hand in building their own future.

  - David Williams, from the Forward

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  The Democracy Deficit Taming Globalization Through Law Reform

  Alfred C. Aman

  Economic globalization has had a chilling effect on democracy since markets now do some of the work that governments used to do through the political process. More than two decades of deregulation have made a healthy economy appear to depend on unrestrained markets. But appearances are misleading—globalization is also a legal and political process. The future of democracy in the twenty-first century depends on the ability of citizens to reclaim a voice in taming globalization through domestic politics and law reform.

  "The book's topic could not be more important: how do we adapt contemporary democratic governance- and contemporary administrative law- to the challenge of a globalizing world?"—Kal Raustiala, UCLA School of Law

  Can citizens govern globalization? Aman argues that they can, and that domestic law has a crucial role to play in this process. He proposes to redefine the legal distinction between public and private to correspond to the realities of the new role of the private sector in delivering public services, and thereby to bring crucial sectors of globalization back within the scope of democratic reform.

  Basing his argument on the history of the policies that led to globalization, and the current policies that sustain it, Aman advocates specific reforms meant to increase private citizens' influence on globalization. He looks at particular problem areas usually thought to be domestic in nature, such as privatization, prisons, prescription drugs, and the minimum wage, as well as constitutional structural issues such as federalism and separation of powers.

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  The Police and Policing

  Jeannine Bell

  Professor Bell's contribution, chapter 8, is titled "The Police and Policing."

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  Law--Biological Conservation

  Robert L. Fischman

  Professor Fischman's contribution is titled "Law--Biological Conservation."

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  Speed as a Variable on the LSAT and Law School Exams

  William D. Henderson

  This study examines the hypothesis that test-taking speed is a variable that affects performance on both the Law School Admission Test (LSAT) and actual law school exams.

  LSAC Research Report Series, 03-03, February 2004

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  Crossing that Yellow Line: Obtaining Access to Police Departments

  Jeannine Bell

  Professor Bell's contribution is titled "Crossing that Yellow Line: Obtaining Access to Police Departments".

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  The End of a Natural Monopoly: Deregulation and Competition in the electric Power Industry

  Daniel H. Cole and Peter Z. Grossman

  This book addresses the fundamental issues underlying the debate over electric power regulation and deregulation. After decades of the presumption that the electric power industry was a natural monopoly, recent times have seen a trend of deregulation followed by panicked re-regulation. This important book critically analyses this controversial area from a legal and economic perspective.

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  Lok Adalats and Legal Rights in Modern India

  Jayanth K. Krishnan

  Professor Krishnan's contribution, chapter 3, is titled "Lok Adalats and Legal Rights in Modern India."

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  Policing Hatred: Law Enforcement, Civil Rights, and Hate Crime

  Jeannine Bell

  Policing Hatred explores the intersection of race and law enforcement in the controversial area of hate crime. The nation’s attention has recently been focused on high-profile hate crimes such as the dragging death of James Byrd and the torture-murder of Matthew Shepard. This book calls attention to the thousands of other individuals who each year are attacked because of their race, religion, or sexual orientation. The study of hate crimes challenges common assumptions regarding perpetrators and victims: most of the accused tend to be white, while most of their victims are not.

  Policing Hatred is an in-depth ethnographic study of how hate crime law works in practice, from the perspective of those enforcing it. It examines the ways in which the police handle bias crimes, and the social impact of those efforts. Bell exposes the power that law enforcement personnel have to influence the social environment by showing how they determine whether an incident will be charged as a bias crime.

  Drawing on her unprecedented access to a police hate crime unit, Bell’s work brings to life the stories of female, Black, Latino, and Asian American detectives, in addition to those of their white male counterparts. Policing Hatred also explores the impact of victim’s identity on each officers handling of bias crimes and addresses how the police treat defendants’ First Amendment rights. Bell’s vivid evidence from the field argues persuasively for the need to have the police diligently address even low-level offenses, such as vandalism, given their devastating cumulative effects on society.

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  Do African-American Males Need Race and Gender Segregated Education?: An Educator's Perspective and a Legal Perspective

  Kevin D. Brown

  Professor Brown's contribution, chapter 9, is titled "Do African-American Males Need Race and Gender Segregated Education?: An Educator's Perspective and a Legal Perspective".

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  Pollution and Property: Comparing Ownership Institutions for Environmental Protection

  Daniel H. Cole

  All solutions to environmental problems depend on the imposition of private, common, or public-property rights in natural resources. Who should own the resources: private individuals, private groups of "stakeholders", or the entire society (the public)? Contrary to much of the literature in this field, this book argues that no single property regime works best in all circumstances. Environmental protection requires the use of multiple property regimes--including admixtures of private, common, and public-property systems.

  • First book to systematically compare the utility and limitations of a variety of property regimes for environmental protection
  • Focuses on the institutional and technological factors that constrain both environmental protection and the imposition of property rights
  • Provides a basis for understanding why societies rely on multiple property regimes for environmental protection