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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Evidence Law: A Student's Guide to the Law of Evidence as Applied in American Trials. 5th ed.
Aviva Orenstein, Roger C. Park, and Dale A. Nance
In clear and engaging prose that makes concepts accessible without oversimplification, this Treatise explains the Federal Rules, selected state variations, major cases, essential doctrines, and important underlying policies. Frequent practical examples drawn from courtroom practice introduce students to courtroom procedure, provide a context in which evidence problems arise, and acquaint them with the language of the courtroom. This volume can serve as background for beginning students and as a one-stop refresher for those taking advanced courses. Professors can assign various sections to track the syllabus or simply recommend this book as useful background reading.
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"Doorways of Discretion: Psychological Science and the Legal Construction and Erasure of Racism"
Victor D. Quintanilla
Shines a light on the ways in which civil procedure may privilege—or silence—voices in our justice system
In today’s increasingly hostile political and cultural climate, law schools throughout the country are urgently seeking effective tools to address embedded inequality in the United States legal system. A Guide to Civil Procedure aims to serve as one such tool by centering questions of systemic injustice in the teaching, learning, and practice of civil procedure.
Featuring an outstanding group of diverse scholars, the contributors illustrate how law school curriculums often ignore issues such as race, gender, disability, class, immigration status, and sexual orientation. Too often, students view the #MeToo movement, Black Lives Matter, immigration/citizenship controversy, or LGBTQ+ issues as mere footnotes to their legal education, often leading to the marginalization of many students and the production of graduates that do not view issues of systemic injustice as central to their profession.
A Guide to Civil Procedure reveals how procedure is, and always has been, a central pressure point in the struggle to eradicate structural inequality and oppression through the courts. This book will give students and scholars alike a more complex view of their roles as attorneys, sharpen their litigation skills, and provide a stronger sense of community and purpose in the law school classroom.
Includes the chapter "Doorways of Discretion: Psychological Science and the Legal Construction and Erasure of Racism" by Maurer Professor Victor D. Quintanilla.
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Race and Civil Procedure
Victor D. Quintanilla
Quintanilla's chapter discusses how race, racism, and structural inequalities are central to understanding the day-to-day operation of the Federal Rules of Civil Procedure (FRCP), and are yet obscured from most first-year Civil Procedure courses.
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Indiana Trial Evidence Manual
J. Alexander Tanford
Indiana Trial Evidence Manual is an easy-to-use manual that assists you at any stage of civil or criminal trial research. It fully covers the Indiana Evidence Rules, as well as the latest cases and statutes. It has sample forms to aid the user to phrase objections properly, and support objections with easily-accessible case law and rules of evidence. This single volume contains everything that one might need at trial but is small enough to fit in a briefcase and concise enough that a trial lawyer can find relevant sections quickly.
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The Pretrial Process. 3d.
J. Alexander Tanford and Layne S. Keele
Now updated to reflect the most recent amendments to the Federal Rules and developments in case law, The Pretrial Process addresses issues associated with basic civil litigation tasks such as drafting pleadings, interviewing and counseling clients, developing facts, preparing interrogatories, taking depositions, and filing motions. The Pretrial Process covers all stages of pretrial litigation comprehensively, pragmatically, and succinctly without being over-simplified.
This book is designed to be useful both to clinical students working on their first cases and to classroom students expecting an intellectually satisfying law school experience. The third edition also includes expanded discussions of virtual conferences, depositions, and hearings. Adopters will have access to a teacher's manual, simulation case files, and other teaching resources.
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Policing Bodies: Law, Sex Work, and Desire in Johannesburg
India Thusi
Sex work occupies a legally gray space in Johannesburg, South Africa, and police attitudes towards it are inconsistent and largely unregulated. As I. India Thusi argues in Policing Bodies, this results in both room for negotiation that can benefit sex workers and also extreme precarity in which the security police officers provide can be offered and taken away at a moment's notice. Sex work straddles the line between formal and informal. Attitudes about beauty and subjective value are manifest in formal tasks, including police activities, which are often conducted in a seemingly ad hoc manner. However, high-level organizational directives intended to regulate police obligations and duties toward sex workers also influence police action and tilt the exercise of discretion to the formal. In this liminal space, this book considers how sex work is policed and how it should be policed. Challenging discourses about sexuality and gender that inform its regulation, Thusi exposes the limitations of dominant feminist arguments regarding the legal treatment of sex work. This in-depth, historically informed ethnography illustrates the tension between enforcing a country's laws and protecting citizens' human rights.
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La liberté d’expression aux États-Unis et en France
Elisabeth Zoller
A chapter from the Ministry's report, RÉPUBLIQUE ÉCOLE LAÏCITÉ
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Les grands juges de la Cour suprême des États-Unis
Elisabeth Zoller
No judicial institution plays a role in the life of a people comparable to that of the Supreme Court in the United States. Already in 1835, Tocqueville pointed out: “In the hands of the seven federal judges rest unceasingly the peace, the prosperity, the very existence of the Union”. History has confirmed his analyzes many times. In the 21st century , its power is still just as great, but, with the deepening of democracy, the Court struggles to be recognized as fully legitimate, even in the United States.
In 2021, President Joe Biden appointed a commission of about 50 members to consider ways to make it more responsive to the hopes of the sovereign people. Their analyzes not yet known to date will be added to those of the many reports already published by the Congress on the subject. The United States never ceases to question the extraordinary influence that the Court exercises over American society. Who would have originally thought that the institution would acquire such power?
Certainly not those who had designed it because, originally, the Court had only limited powers. The federal judicial power at the top of which it was placed was considered indispensable only because the Union had to have its own judicial power, not being able to be judged by that of its members and because it was intended to govern only "a small number and defined" matters.
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Introduction au droit public (3rd edition)
Elisabeth Zoller, Gilles J. Guglielmi, Aurelie Duffy-Meunier, and Idris Fassassi
Public law can be defined as the law of public affairs (res publica) according to a method that is both historical and comparative: historical because history is an obligatory point of passage for any effort to theorize legal questions; Comparative because in the globalized world that is ours, and at a time when the French Republic is resolutely committed to the construction of Europe, it is no longer possible to train jurists who have no other benchmarks and other horizons than those of their national legal systems.
The book traces the successive ages of public law: first, the monarchical age that goes from the Renaissance to the American and French revolutions of the late eighteenth century and which sees the birth of the founding concepts of public law; secondly, the republican age in which there is no longer a sovereign, but free and equal men in law to whom it is now up to define and manage public affairs together, and therefore to organize power in modern society.
For each period and in each major legal system (codified rights and common law rights), the birth and evolution of the great fundamental notions of public law are studied: sovereignty, the State, the law, the separation of powers, the protection of individual rights against power, the great conceptions of the general interest, and administrative justice.
Text of book in French.
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Working with Non-law School Patrons
Ashley A. Ahlbrand
Ashley Ahlbrand's contribution to the open access textbook, Introduction to Law Librarianship, is chapter 17, "Working with Non-law School Patrons."
Working in an academic law library, the primary patrons are the law school’s faculty and students. However, these may not be the exclusive patronage of the law library. Particularly in the case of a public law school library, the law librarian is likely to serve patrons outside of the law school as well. These patrons come from a diversity of backgrounds, with a range of legal research needs. Working with non-law school patrons can present a number of challenges but also many opportunities for the law library. This chapter will discuss these challenges, offer possible solutions, and highlight unique opportunities when working with non-law school patrons.
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Detour Ahead: Fred Aman and Friends (DVD)
Alfred C. Aman, Bill Sabol, and Rick Carter
Recorded music performed by Fred Aman and Friends.
Fred Aman, drums; Bill Sabol, piano; Rick Carter, bass.
Disc 1:
- Commander Buckhorn
- In Walked Bud
- Detour Ahead
- Speak No Evil
- Park Avenue Petite
- Tones for Joan's Bones
Disc 2:
- Groove Yard
- I've Never Been in Love Before
- Re: Person I knew
- Stella by Starlight
- Song of Home
- I've Grown Accustomed to Your Face
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Challenges and Opportunities for Engaging Unmarried Parents in Court-Ordered, Online Parenting Programs
Amy Applegate, Claire Tomlinson, Brittany Rudd, and Amy Holtzworth-Munroe
Professor Applegate's contribution to this volume is chapter 7 "Challenges and Opportunities for Engaging Unmarried Parents in Court-ordered, Online Parenting Programs," co-authored by Tomlinson, Rudd, and Holtzworth-Munroe.
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Fifty Years at the US Environmental Protection Agency: Progress, Retrenchment, and Opportunities
A. James Barnes, John D. Graham, and David M. Konisky
In conjunction with the 50th anniversary of the creation of the Environmental Protection Agency, this book brings together leading scholars and EPA veterans to provide a comprehensive assessment of the agency’s key decisions and actions in the various areas of its responsibility. Themes across all chapters include the role of rulemaking, negotiation/compromise, partisan polarization, judicial impacts, relations with the White House and Congress, public opinion, interest group pressures, environmental enforcement, environmental justice, risk assessment, and interagency conflict. As no other book on the market currently discusses EPA with this focus or scope, the authors have set out to provide a comprehensive analysis of the agency’s rich 50-year history for academics, students, professional, and the environmental community.
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Lack of Punishment Doesn't Fit the Crime: America's Tepid Response to Bias-Motivated Crime
Jeannine Bell
Professor Bell's contribution is Chapter 2, in volume 85 of this irregular series, pp. 29-48.
VOLUME ABSTRACT:
Austin Sarat (ed.) Studies in Law, Politics, and Society (Bingley, UK: Emerald Publishing, 2021). Volume 85.
Built on contributions from an interdisciplinary and expert collection of scholars, topics covered in this volume include the patterns of death penalty bill introductions across all active death penalty states in the USA from 1999 to 2018 (the so-called 'era of abolition'); the myriad factors contributing to America's limited police and persecutorial response to bias-motivated hate crimes; the complex ways in which the Batman and Joker graphic novels legitimize and challenge the countersubversive politics of American law and order through their portrayal of vigilante justice; the role of social media companies in the regulation of online hate speech; and a socio-legal analysis of gender-based victimization, misogyny and the 'hate crime paradigm' in England and Wales. Through its valuable contribution to our understanding of the nexus between hatred and the law, this volume is essential reading for legal scholars worldwide.
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Transnational Antitrust Law
Hannah Buxbaum
Professor Buxbaum's contribution to this volume is chapter 14 "Transnational Antitrust Law"
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Equality, Animus, and Expressive and Religious Freedom Under the American Constitution: Masterpiece Cakeshop and Beyond
Daniel O. Conkle
Professor Conkle's contribution to this volume, pre-print attached, is the chapter "Equality, Animus, and Expressive and Religious Freedom Under the American Constitution: Masterpiece Cakeshop and Beyond."
CHAPTER ABSTRACT: Does the First Amendment protect religious wedding vendors from anti-discrimination laws that require them to provide goods or services for same-sex weddings? The fundamental question is whether equality or religious freedom should prevail in this setting, but the complexities of American free speech and free exercise law—exacerbated by the Supreme Court’s decision in Masterpiece Cakeshop—have obscured the debate with dubious distinctions and highly contentious rationales and arguments. In this Essay, I present and defend three proposals for resolving the wedding vendor controversy and for clarifying and enhancing the law of religious freedom. First, the Supreme Court should reject the wedding vendors’ compelled speech argument even on the assumption that the vendors’ conduct is expressive. Second, the Court should repudiate the restrictive free exercise doctrine of Employment Division v. Smith, which has not settled the law but which instead has been undetermined by ill-defined exceptions and by congressional and state law developments. And third, applying its earlier, pre-Smith interpretation of the Free Exercise Clause, the Court should find strict scrutiny satisfied and therefore should reject the vendors’ free exercise claims. My second and third proposals, taken together, would permit the wedding vendor controversy to be framed and resolved transparently, as the conflict of competing values that it is: equality on the one hand, religious freedom on the other.