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.
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.
A chapter from the Ministry's report, RÉPUBLIQUE ÉCOLE LAÏCITÉ
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.
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.
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.
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.
- Commander Buckhorn
- In Walked Bud
- Detour Ahead
- Speak No Evil
- Park Avenue Petite
- Tones for Joan's Bones
- 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
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.
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.
Professor Bell's contribution is Chapter 2, in volume 85 of this irregular series, pp. 29-48.
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.
Professor Buxbaum's contribution to this volume is chapter 14 "Transnational Antitrust Law"
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.
Kenneth G. Dau-Schmidt, Matt Finkin, Ruben J. Garcia, and Jason R. Bent
This book is intended for courses on the individual rights of workers in the employment relationship, independent of courses on the law governing collective bargaining or employment discrimination. It can be used for one three credit survey course on employment law, or for two related courses on employment law and employee benefits, each of two credits. The book covers the full range of employment law subjects from the nature of the employment relationship, the definition of "employee", pre-employment screening, individual employment contracts, the employment at-will doctrine, exceptions to the employment at–will doctrine, obligations of employees, monitoring and control of employees, the regulation of pay and hours of work (FLSA), state and federal regulation of workers compensation, unemployment compensation, the regulation of occupational safety and health (OSHA), state and federal regulation of unemployment compensation, and the regulation of employee benefits (ERISA).
The book has been substantially updated from the last issue. The first four chapters have been substantially rewritten to simplify the introductory discussion of the nature of the employment relationship and the recent changes that have occurred due to the adoption of new information technology and globalization. The book has also been updated to include more detailed discussions of the impact of the Affordable Care Act (ACA) and the legislative responses to the Covid-19 pandemic. Where appropriate, the book presents interdisciplinary discussions of employment law problems from historical, economic and industrial relations perspectives. All of these interdisciplinary discussions have been updated to reflect the most recent academic work. Efforts were also made to include relevant empirical evidence on the common practices of employers and important employment law questions. All of these empirical references have been updated to reflect the most recent available data. A recurring theme in the book, especially in the introductory chapter and the chapters on individual employment contracts and privacy, is the historical tension in the United States between legal ideologies of “free labor,” i.e., of the law as supporting a notion of labor that is "free" to contract for any employer imposed restraints or of the law as supporting a notion of labor that is "free" even from some unreasonable employer demands, with an eye towards equality and fairness. Another recurring theme in the book is when and how is it desirable to intervene in the labor market to address market failures to promote greater income equality, workplace health and safety, unemployment insurance, healthcare insurance, retirement income security and respect for human dignity.
Susan David deMaine
Susan deMaine's contribution to the open access textbook, Introduction to Law Librarianship, is chapter 3, "Accessibility."
Abstract: Equitable access, which includes access for people with disabilities, is included in the first principle of the ethical codes of both the American Association of Law Libraries and the American Library Association. Accessibility in law libraries that are open to the public is an especially keen concern because it implicates access to justice and government information, both of which are key to a successful democracy. This chapter will introduce concepts that help us think productively about accessibility and explore accessibility issues in both physical and digital spaces, considering a few issues unique to law libraries.
Susan deMaine, John Moreland, and Emma Kearney
State Practice Materials: Annotated Bibliographies is intended to provide legal information professionals and legal practitioners timely and relevant state-specific information about the legal sources available to conduct effective legal research in any given state.
DeMaine, Moreland, and Kearney co-authored the chapter on Indiana materials.
Professor Foohey's contribution to this volume is chapter 14 "Debt's Emotional Encumbrances"
Donald H. Gjerdingen
Most students view the Rule against Perpetuities as the most difficult rule in law school. Moreover, the Rule is still covered on MBE for Property and MEE for Wills and Trusts and yet few student-centered resources exist. The Little Book on Perpetuities fills this gap. An ideal subject for self-study, this guide covers all key parts of the Rule, including problems for self-testing. It presents the Rule in its historical context but in a fun, engaging, and accessible way that is simple and clear for students to use. It can be used for Property classes, as well as Wills & Trusts and can supplement a casebook or be used as a separate, self-continued unit. Coverage includes: the common-law Rule and all the famous classics traps; modern statutory reforms, including the new generations-based rule by the Restatement Third of Property; recent efforts by some states to abolish the Rule; and the history and policies of the Rule.