Recent Additions to the Jerome Hall Law Library: Current

Co-authored by Maurer Law Professor Ryan Scott, this fifth edition builds on the traditional model of the Federal Courts course but also emphasizes giving students the grounding they need to be effective litigators in both state and federal courts. The book provides a coherently organized and accessible approach to issues of federalism, separation of powers, and institutional competency, while also calling attention to the challenges (and opportunities) that the law of Federal Courts presents for lawyers in practice.

Written by Maurer’s own, Professor emeritus Dan Conkle, this tightly reasoned book brings a measure of coherency to this controversial, fast-moving, and seemingly chaotic field of law. It begins by recounting the history of American religious liberty, from its Lockean origins to the First Amendment to the present day. Now in its second edition, the book provides comprehensive coverage of all of the major facets of the Supreme Court’s decision-making, including important developments since the first edition was published. It provides selective coverage of lower court decisions as well, and it includes references to leading academic works. Offering clear exposition combined with sophisticated analysis, this book will be of value not only to students but also to scholars, lawyers, and judges.

The story behind the historic Mineral King Valley case, which reveals how the Sierra Club battled Disney's ski resort development and launched a new environmental era in America. Set against the backdrop of the environmental movement that swept the country in the late 1960s and early 1970s, “Dawn at Mineral King Valley” tells the surprising story of how the US Forest Service, the Disney company, and the Sierra Club each struggled to adapt to the new, rapidly changing political landscape of environmental consciousness in postwar America. An expert on environmental law and appellate advocacy, Daniel P. Selmi uses his authoritative narrative voice to recount the complete history of this revolutionary legal battle.

A work in progress, with individual articles publishing online in advance of print publication. The table of contents will continue to grow as additional articles pass through the review process and are added to the site. Includes the chapter "Pregnancy and Work: 50 Years of Legal Theory, Litigation, and Legislation," by Maurer Professor Deborah Widiss.

Leading in Law provides a comprehensive treatment of leadership education and development for law students. The book is designed for law schools and legal educators to prepare their students to exercise leadership in law firms and legal organizations, as well as other roles they will play in society. Leading in Law offers a research-based approach to developing skills at a behavioral, rather than conceptual, level. In the law school market, this is the only text on lawyer leadership that offers a systematic and practical approach to leadership development and provides a thorough consideration of the context and challenges associated with being a leader and providing leadership in law settings.

When first written into the Constitution, intellectual property aimed to facilitate "progress of science and the useful arts" by granting rights to authors and inventors. Today, when rapid technological evolution accompanies growing wealth inequality and political and social divisiveness, the constitutional goal of "progress" may pertain to more basic, human values, redirecting IP's emphasis to the commonweal instead of private interests. “Against Progress” considers contemporary debates about intellectual property law as concerning the relationship between the constitutional mandate of progress and fundamental values, such as equality, privacy, and distributive justice, that are increasingly challenged in today's internet age.

Despite the enormous growth in social media usage by businesses and influencers, very little has been written about the laws affecting their activities. In this new edition of the “Legal Guide to Social Media,” Houser explains the potential pitfalls and how to avoid them including what social media influencers could have done to protect themselves from the lawsuits resulting from the Fyre Festival debacle. Easy-to-understand, comprehensive, and up-to-date, the “Legal Guide to Social Media,” provides the latest information on case law and statutes. It covers everything from privacy laws to the legal considerations in setting up a page or website as well as new governmental regulations.

“Landmark Indian Law Cases” presents fifty-three groundbreaking decisions made by the United States Supreme Court in the area of federal Indian law. Since the last revision the Court has made new pronouncements on tribal hunting and fishing rights, Alaska Native sovereignty, and tribal sovereign immunity from suit and tribal court jurisdiction. These have helped define the powers of the more than 550 American Indian and Alaskan Native tribes that represent the third sovereignty in the United States (along with the federal government and the states) and provide a glimpse into future decisions of the Court.

Providing up-to-date discussions of both evolving and novel debates in human rights law and humanitarian law, this timely new edition of the Research Handbook on Human Rights and Humanitarian Law complements, rather than replaces, its predecessor with fresh perspectives from leading scholars on the controversial and crucial topics within these fields. Includes the chapter, “The Rights to Privacy and Data Protection Under International Humanitarian Law and Human Rights Law,” by Maurer Professor Asaf Lubin.

Fair adjudication of campus sexual assault is one of the most divisive issues facing the United States. Victims contend that schools aren't doing enough to protect them, and accused students complain that they are presumed guilty. "Sexual Assault on Campus: Defending Due Process" begins by critically assessing the extent of the problem, before explaining why the criminal justice system has been unable to respond adequately. The book discusses the Department of Education's attempts to force schools to take campus assault seriously and uses original data in assessing the fairness of adjudication in the wake of the 2011 'Dear Colleague Letter.'

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 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. Includes the chapter “Playing with Fire: Marketing Youth Toy and Working Firearms as Social Problem and Social Panacea” by Maurer Professor Jody Lyneé Madeira

This book addresses a palpable, yet widely neglected, tension in legal discourse. In our everyday legal practices - whether taking place in a courtroom, classroom, law firm, or elsewhere - we routinely and unproblematically talk of the activities of creating and applying the law. However, when legal scholars have analysed this distinction in their theories (rather than simply assuming it), many have undermined it, if not dismissed it as untenable. The book considers the relevance of distinguishing between law-creation and law-application and how this transcends the boundaries of jurisprudential enquiry. It argues that such a distinction is also a crucial component of political theory.

Diver combines insight from legal theory, philosophy of technology and programming practice to develop a new theoretical and practical approach to the design of legitimate software. The book critically engages with the rule(s) of code, arguing that, like laws, these should exhibit certain formal characteristics if they are to be acceptable in a democracy. The resulting digisprudential affordances translate ideas of legitimacy from legal philosophy into the world of code design, to be realised through the 'constitutional' role played by programming languages, integrated development environments (IDEs), and agile development practice. The text interweaves theory and practice throughout, including many insights into real-world technologies, as well as case studies on blockchain applications and the Internet of Things.

A critical analysis of the transformation of constitutionalism from an increasingly irrelevant theory of limited government into the most influential philosophy of governance in the world today. Constitutionalism is universally commended because it has never been precisely defined. Martin Loughlin argues that it is not some vague amalgam of liberal aspirations but a specific and deeply contentious governing philosophy. An Enlightenment idea that in the nineteenth century became America's unique contribution to the philosophy of government, constitutionalism was by the mid-twentieth century widely regarded as an anachronism.

More than three decades after New York City was riveted by the courtroom drama of Bernhard Goetz, a white man accused of shooting a group of Black men in the subway, author James Patterson (a.k.a. “the world’s best-selling author") has written a book about the lawyer who won an acquittal of Goetz's attempted murder charges with a self-defense strategy. "The Defense Lawyer” focuses on the trials of now-retired New York attorney Barry Slotnick, 82, whose clients also included accused mob member Vincent “Chin” Gigante, Melania Trump for her pre-nup, and Winnie the Pooh in a licensing dispute with the Walt Disney Company. Co-written with Benjamin Wallace.

The former attorney general provides a candid account of his historic tenures serving two vastly different presidents. Barr's first tenure as attorney general under President George H.W. Bush was the result of chance, while his second tenure under President Donald Trump a deliberate and difficult choice. Barr takes readers behind the scenes during seminal moments of the 1990s, from the LA riots to Pan Am 103 and Iran Contra. Thirty years later, Barr faced an unrelenting barrage of issues, such as Russiagate, the COVID outbreak, civil unrest, the impeachments, and the 2020 election fallout. “One Damn Thing After Another” is vivid, forthright, and essential not only to understanding the Bush and Trump legacies, but also how both men viewed power and justice at critical junctures of their presidencies.

"Reproduction and the Constitution in the United States" dissects the forces that shape US conflicts over birth control and abortion. In 1973, the United States Supreme Court issued a decision in Roe v. Wade, a landmark decision that quickly became the most widely recognized case in the country. Examining the roots of ongoing struggles over reproduction in the US, Mary Ziegler helps readers not only understand the importance of the Supreme Court's iconic decision in Roe but also places it in context. With an up-to-date Guide to Further Reading, Who's Who of crucial figures, and a Glossary of key terms, this book provides a crucial introduction to students of women's history, American history and legal history.

This book takes a new approach to post-socialist constitutional change in Europe and Eurasia. It views these constitutions as the products of the collapse of Europe's last empire, the Soviet Union. This book seeks to understand these constitutions as more than just post-authoritarian texts, but also as post-colonial ones. This post-colonial paradigm provides a new set of tools for understanding constitutional dynamics in key countries within the European Union as well as the former Soviet republics to the East. It helps explain democratic backsliding in Central Europe, authoritarian resilience in many of the former Soviet republics as well as ongoing struggles about national identity in places like Ukraine and Moldova.

This handbook illustrates how education scholars employ Critical Race Theory (CRT) as a framework to bring attention to issues of race and racism in education. It is the first authoritative reference work to provide a truly comprehensive description and analysis of the topic, from the defining conceptual principles of CRT in Law that gave shape to its radical underpinnings to the political and social implications of the field today. Sections cover innovations in educational research, policy and practice in both schools and in higher education, and the increasing interdisciplinary nature of critical race research. Included is Maurer Professor Kevin Brown’s chapter “The History and Conceptual Elements of Critical Race Theory,” co-authored with Darrell Jackson of the University of Wyoming College of Law.

Taking inspiration from Public Enemy's lead vocalist Chuck D - who once declared that 'rap is the CNN of young Black America' - this volume brings together leading legal commentators to make sense of some of the most pressing law and policy issues in the context of hip-hop and the ongoing struggle for Black equality. Written to 'say it plain', this collection will be valuable not only to students and scholars of law and African-American studies, but also to everyone who cares about creating a more just society. Includes Maurer Professor Kevin Brown’s “What Ice Cube’s "Endangered Species" Meant for Four Generations of Black Males,” co-authored with Robert Pervine.

There is a distinction between a sports lawyer and all other types of practitioners. It requires a deep understanding of the nuances that largely affect athletes, their representatives, and companies providing products and services in the space. It also necessitates an acknowledgment of and ability to effectively communicate and craft relationships with power brokers who may provide financial services, accounting, managerial services, or the like in the specific space. "How to Play the Game," by Miami-based attorney and sports agent Darren Heitner, is the go-to source for anyone interested in getting into the field of sports law.

In “Twenty-two Cents an Hour,” Doug Crandell uncovers the harsh reality of people with disabilities in the United States who are forced to work in unethical conditions for subminimum wages with little or no opportunity to advocate for themselves, while wealthy CEOs grow even wealthier as a direct result. As recently as 2016, the United States Congress enacted bipartisan legislation which continued to allow workers with disabilities to legally be paid far lower than the federal minimum wage. Crandell challenges readers to reexamine how we treat some of our most vulnerable fellow citizens, while forcing them to face the reality of exploitation, and builds the framework needed for reform.

The third edition of this classic book, written by longtime Maurer Visiting Professor of Law Elizabeth Zoller, traces the successive ages of public law: first, the monarchical age that goes from the Renaissance to the American and French revolutions, 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.

Maurer Professor of Sociology and Law, Ethan Michelson's analysis of almost 150,000 divorce trials reveals routine and egregious violations of China's own laws upholding the freedom of divorce, gender equality, and the protection of women's physical security. Using 'big data' computational techniques to scrutinize cases covering 2009-2016 from all 252 basic-level courts in two Chinese provinces, Michelson reveals that women have borne the brunt of a dramatic intensification since the mid-2000s of a decades-long practice of denying divorce requests. This book is a must-read for anyone interested in Chinese courts, judicial decision-making, family law, gender violence, and the limits and possibilities of the globalization of law.

Survivors of conversion practices - interventions meant to stop gender transition - have likened the process to torture. Florence Ashley rethinks and pushes forward the banning of these practices by surveying these bans in different jurisdictions, and addressing key issues around their legal regulation. Ashley also investigates the advantages and disadvantages of legislative approaches to regulating conversion therapies, and provides guidance for how prohibitions can be improved. Finally, Ashley offers a carefully annotated model law that provides detailed guidance for legislatures and policymakers. Most importantly, this book centres the experiences of trans people themselves in its analysis and recommendations.

Liberal concepts of democracy envision courts as key institutions for the promotion and protection of democratic regimes. Yet social science scholarship suggests that courts are fundamentally constrained in ways that undermine their ability to do so. Recognizing these constraints, this book argues that courts can influence regime instability by affecting inter-elite conflict. They do so in three ways: by helping leaders credibly reveal their rationales for policy choices that may appear to violate legal rules; by encouraging leaders to less frequently make decisions that raise concerns about rule violations; and by encouraging the opposition to accept potential rule violations. This book evaluates the implications of this argument using a century of global data tracking judicial politics and democratic survival.

This guide has become a best-selling classic for law students and attorneys interested in starting an international legal practice - as a private practitioner, as in-house counsel, in the public sector, or working at an NGO. This fifth edition presents a broad lineup of diverse contributors, who share their experiences of how they transitioned into international legal practice. Fifteen authors detail their goals, their paths, and how their professional lives have evolved.

In “The Administrative State Before the Supreme Court: Perspectives on the Nondelegation Doctrine,” leading scholars consider a revival of the Constitution's nondelegation doctrine-the separation-of-powers principle that bars Congress from transferring its legislative powers to the administrative agencies. Although the nondelegation doctrine has lain dormant since 1935, some Supreme Court justices have recently called for its return. As the Supreme Court takes up the doctrine in current cases, this volume makes a timely contribution to our understanding of the separation of powers and the Constitution.

Although racism has plagued the American justice system since the nation's colonial beginnings, private White Americans are taking matters into their own hands. From racist 911 calls and hoaxes to grassroots voter suppression and vigilante 'self-defense,' concerted efforts are made every day by private citizens to exclude Black Americans from schools, neighborhoods, and positions of power. "Neighborhood Watch" examines the specific ways people police America's color line to protect 'White spaces.'

Why do we protect free speech? What values does it serve? How has the Supreme Court interpreted the First Amendment? What has the Court gotten right and wrong? Why are current debates over free expression often so divisive? How can we do better? In this succinct but comprehensive and scholarly book, authors Len Niehoff and Thomas Sullivan tackle these pressing questions. "Free Speech: From Core Values to Current Debates" traces the development and evolution of the free speech doctrine in the Supreme Court and explores how the Court - with varying levels of success - has applied that doctrinal framework to "hard cases" and current controversies, such as those involving hate speech, speech on the internet, speech on campus, and campaign finance regulation.