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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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.
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Legal Protection for the Individual Employee, 6th ed.
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.
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Accessibility
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.
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Indiana Practice Materials: A Selective Annotated Bibliography
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.
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Debt's Emotional Encumbrances
Pamela Foohey
Professor Foohey's contribution to this volume is chapter 14 "Debt's Emotional Encumbrances"
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a short & happy guide to The Rule: The Little Book on Perpetuities, 2d.
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.
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Defining Crimes, 4th editon
Joseph L. Hoffmann and William J. Stuntz
Defining Crimes, by the distinguished author team of Joseph L. Hoffmann (Indiana) and William J. Stuntz (late of Harvard), breaks from the tradition of Model Penal Code-centric casebooks and focuses instead on the rich intellectual and theoretical issues that arise from how crimes actually get defined and applied today by state and federal legislatures, trial and appellate courts, police, prosecutors, defense lawyers, and juries. The innovative approach of Defining Crimes enables the in-depth study of the problems and issues that affect the day-to-day contemporary practice of criminal law.
New to the 4th edition:
- Three online chapters: Gun Crimes (formerly Chapter 8), Hate Crimes, and Crimmigration
- New section about the crime of receiving stolen property in Chapter 5 (Property Crimes)
- Principal case—U.S. v. Alvarez—about conspiracy in Chapter 7 (Inchoate Crimes and Accomplice Liability)
- New section about consent in Chapter 10 (Defenses), discussing the consent defense to crimes other than rape and sexual assault
- Notes discussing several prominent recent cases, including those involving Tamir Rice (2014), Brock Turner (2015), Amber Guyger (2018), Michael Drejka (2018), Michelle Carter (Mass. S.Ct. 2019), and George Floyd (2020)Extended excerpt from Kahler v. Kansas in Chapter 10 (Defenses), in which the Supreme Court upheld Kansas’s limited version of the insanity defense against a due process challenge, and notes about the Court’s recent decisions in Rehaif v. United States and Kelly v. United States
- Notes discussing recent constitutional challenges to the use of criminal law against persons experiencing homelessness.
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Payment Issues for Directors and the Lawyers Advising Them
Sarah Jane Hughes
Professor Hughes' contribution to this volume is chapter 15 "Payment Issues for Directors and the Lawyers Advising Them"
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Examining Functionality
Mark D. Janis
Professor Janis' contribution to this volume is chapter 30 "Examining Functionality"
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Trademark and Unfair Competition in a nutshell, 3rd ed.
Mark D. Janis
This text provides a comprehensive treatment of the law of trademark, unfair competition, false advertising, and the right of publicity.
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Research Handbook on Trademark Law Reform
Mark D. Janis and Graeme B. Dinwoodie
This follow-up to Graeme B. Dinwoodie and Mark D. Janis’s successful book Trademark Law and Theory examines reform of trademark law from a number of perspectives and across many jurisdictions. In so doing, it analyses the most important current and future issues in the field, both providing normative frameworks for the development of trademark law and concrete proposals for reform.
This Research Handbook is organized into three thematic parts discussing different areas of reform: the trademark registration process; subject matter boundaries and trademark protectability; and trademark scope and enforcement. Leading trademark law scholars from across the globe investigate important topics such as intermediary liability, trademark protection for product design, conceptions of the hypothetical “average consumer”, and trademark depletion and congestion.
Scholars and students of intellectual property law will find the provocative and insightful thinking in this Research Handbook stimulating and valuable. The practical suggestions for future reform will also be of interest to trademark lawyers, policymakers, brand managers and other marketing professionals.
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Trends in Functionality Jurisprudence: U.S. and E.U. Design Law
Mark D. Janis and Jason J. Du Mont
Professor Janis' contribution to this volume is chapter 2 "Trends in Functionality Jurisprudence: U.S. and E.U. Design Law," co-authored by Du Mont.
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Firearm Legislation and Advocacy
Jody L. Madeira
Professor Madeira's contribution to this volume is chapter 13 "Firearm Legislation and Advocacy"
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Playing with Fire: Marketing Youth Toy and Working Firearms as Social Problem and Social Panacea
Jody L. Madeira
This book offers rich critical perspectives on the marketing of a variety of toys, brands, and product categories. Topics include marketing undertaken by specific children's toy brands such as American Girl, Barbie, Disney, GoldieBlox, Fisher-Price, and LEGO, and marketing trends characterizing broader toy categories such as on-trend grotesque toys; toy firearms; minimalist toys; toyetics; toys meant to offer diverse representation; STEM toys; and unboxing videos. Toy marketing warrants a sustained scholarly critique because of toys' cultural significance and their roles in children's lives, as well as the industry's economic importance. Discourses surrounding toys—including who certain toys are meant for and what various toys and brands can signify about their owners' identities—have implications for our understandings of adults' expectations of children and of broader societal norms into which children are being socialized.
Includes the chapter, "Playing with Fire: Marketing Youth Toy and Working Firearms as Social Problem and Social Panacea" by Maurer Professor Jody Madeira.