Faculty Books Published in 2021 & 2020

Relying on nearly fifty years of parole hearing transcripts, as well as interviews and archival materials, readers are invited into the opaque world of the California parole process—a realm of almost unfettered administrative discretion, prison programming inadequacies, high-pitched emotions, and political pressures.

Why does a country with religious liberty enmeshed in its legal and social structures produce such overt prejudice and discrimination against Muslims? Sahar Aziz’s groundbreaking book demonstrates how race and religion intersect to create what she calls the Racial Muslim.

Climate change will force us to rethink the way we generate and distribute energy and regulate the system. But how much are we willing to change the system? This unique moment in history provides an unprecedented opening for a deeper transformation of the energy system, and thus, an opportunity to transform society.

The nation’s past holds vital clues for understanding where we are now and where we are headed. This book explains how America’s constitutional system changes through the interplay among three cycles: the rise and fall of dominant political parties, the waxing and waning of political polarization, and alternating episodes of constitutional decay and constitutional renewal.

Jack Balkin and an all-star cast of legal scholars, sitting as a hypothetical Supreme Court, rewrite the famous 2015 opinion in Obergefell v. Hodges, which guaranteed same-sex couples the right to marry.

Progressives who opposed the Trump administration’s policies found themselves repeatedly relying on constitutional principles grounded in federalism, separation of powers, and free speech to resist the federal government. Using dozens of examples from the ways in which Trump abused presidential powers, this book explains how the three sets of principles can help mitigate the harms that autocratic leaders in the Trump mold can inflict on both democratic institutions and vulnerable minorities.

Less than 10 percent of India’s lawyers are female, but women in the most prestigious firms are significantly represented both at entry and partnership. Elite workspaces are notorious for being unfriendly to new actors, so what allows for aberration in certain workspaces?

A long-overdue biography of the legendary civil liberties lawyer—a vital and contrary figure who both defended Ulysses and fawned over J. Edgar Hoover.

This book provides the theoretical frameworks, legal cases, and policy background necessary for analyzing a broad range of gender issues in the law.

This casebook covers the law of “closely held” businesses—those with few owners. Such businesses face special problems when compared, for example, to large, publicly held corporations.

Ultimately, entire companies could be run by non-human agents. This study argues that this is not as scary as it might sound at first. Legal theorist and noted software developer Shawn Bayern argues that autonomous or zero-person organizations offer an opportunity for useful new types of interactions between software and the law.

Demystifying academic legal writing by providing concrete advice on topic selection, research strategies, and analytical frameworks.

The First Amendment to the US Constitution protects free speech, freedom of the press, freedom of association and assembly, and the right to petition the government. Why did the Framers protect these particular rights? What role were these rights intended to play in our democracy? And what force do they retain in today’s world?

Traces the roots of the impeachment process from medieval England through its adoption in the Constitution and within the American experience.

Through moments during which social movements have embraced advances in communications technologies, Brescia illuminates the complicated, dangerous, innovative, and exciting relationship between these technologies, social movements, and social change.

When crisis hits—whether that be extrajudicial detention, unprompted deportation, pandemics, or natural disasters—lawyers are increasingly among the first responders, equipped with the knowledge necessary to navigate the regulations of this ever more complex world.

Recognized as the foremost authority on evidence law today, McCormick on Evidence offers comprehensive and authoritative analysis of the rules and theory of evidence with a pragmatic approach.

Comprehensive guide on tax risk management on fifty of the foremost economists and accountants.

This book addresses traditional analytical issues—such as jurisdiction, proof of foreign law, anti-suit injunctions, sovereign immunity, trans-border evidence gathering, drafting and enforcing arbitral contracts, and enforcing court judgments and arbitral awards—while always keeping focus on the practical aspects that attend the international representation of clients.

This book is designed for use in courses in law schools and university departments of philosophy. It can serve as a text for basic and advanced courses and seminars.

Captures the reality of the barriers people face in accessing essential medical care due to the politicization of abortion

This comprehensive casebook is designed for an intensive examination of the union-management relationship throughout its major phases.

This book raises questions about childhood trauma, religion, race, the purpose of punishment, and a criminal justice system that requires harmless old men to die in prison.

A former Deputy Chief in the United States Department of Justice Civil Rights Division, Professor Daniels analyzes how the continuous assault on voting rights has led to a cycle of voter disenfranchisement and suppression to erode American democracy.

This important Research Handbook explores the nexus between human rights, poverty and inequality as a critical lens for understanding and addressing key challenges of the coming decades, including the objectives set out in the Sustainable Development Goals.

Passing down nearly a million decisions each year, more judges handle disability cases for the Social Security Administration than federal civil and criminal cases combined. This book challenges the contemporary policies for determining disability benefits and work assessment.

Moving from the first years of the Cold War to Korea, Vietnam, and more recent “forever” wars in Iraq and Afghanistan, Young reveals the ways in which war became ever-present, yet more covert and abstract, particularly as aerial bombings and faceless drone strikes have attained greater strategic value.

An international collection of analysis of the law and science pertaining to reproduction, child maltreatment, parentage, and child advocacy laws among several other issues.

From day one, the Affordable Care Act was challenged in court, making it to the Supreme Court four separate times. It transformed the way a three-trillion-dollar sector of the economy behaved and brought insurance to millions of people.

This essential two-volume collection comprehensively examines the theories behind competition, the issues surrounding the abuse of dominance or monopolization and the vertical restraints of trade, as well as cartels, non-cartels and mergers along with an insight into practice and procedures.

Abraham Lincoln led the nation into a bloody civil war to uphold the system of government established by the US Constitution—a system he regarded as the “last best hope of mankind.” But how did Lincoln understand the Constitution?

Grounded in extensive interdisciplinary, historical, and doctrinal analysis, Fisher and Shapiro show why understanding both the capacity and authority of expert public administration is crucial to ensure the legitimacy and accountability of the administrative state.

A guidebook for professors to teach their students how to become critical thinkers.

Drawing upon the experience of faculty from across the country, Integrating Doctrine and Diversity is a collection of essays with practical advice, written by faculty for faculty, on specific ways to integrate diversity, equity and inclusion into the law school curriculum.

Exposing the dangerously imperfect forensic evidence that we rely on for criminal convictions.

Introduction and explanation of cryptocurrency, how it functions, is used, and regulated.

An in-depth examination of the last decade, how reproductive health and rights have become vulnerable to legislative attacks and thus criminalized.

A comprehensive and practical guide to the Illinois Rules of Evidence and related issues, providing clear explanations of the settled law and expert advice on more complicated evidentiary problems.

An eminent constitutional scholar reveals how our approach to rights is dividing America, and shows how we can build a better system of justice.

Tells the story of how enslaved and freed Blacks used the law to claim their freedom and citizenship in three different slave societies, to demonstrate how the law, not bondage, established what blackness means.

This book documents the failure of the state to combat sexual and domestic violence through law and punishment. Zero-tolerance anti-violence law and policy tend to make women less safe and more fragile.

Summarizes and analyzes how the American war on terror influenced civil liberties, human rights and the rule of law in the U.S.

This broad, systematic account of Nahmanides’s thought explores his conception of halakhah and his approach to the central concerns of medieval Jewish thought, including notions of God, history, revelation, and the reasons for the commandments.

Explores the complex array of federal, state, and local legal rules that govern police encounters with the public.

Examines laws that allows partners in relationships to deceive and cause harm without facing legal consequences.

Summarizes four factors that are fueling the widespread distrust of the accuracy and fairness of American elections.

This book critically examines the current state of corporate governance law and provides decisive rebuttals to longstanding arguments for the exclusive shareholder franchise.

A hidden set of rules governs who owns what–explaining everything from whether you can recline your airplane seat to why HBO lets you borrow a password illegally–and in this lively and entertaining guide, two acclaimed law professors reveal how things become “mine.”

A provocative and timely exploration of how plea bargaining prevents true criminal justice reform and how we can fix it.

The first wave of trailblazing female law professors and the stage they set for American democracy. Foreword by Ruth Bader Ginsburg

How did Chicago, a city known for commerce, come to have such a splendid public waterfront—its most treasured asset? A story of social, political, and legal conflict in which private and public rights have clashed repeatedly over time.

Tells the story of the nine women who were formally considered and passed over for a seat on the Supreme Court bench.

This book contends that the crises of well-being, distress, and dysfunction currently afflicting the legal profession, other professions, and our politics can best be addressed by encouraging people to pursue a flourishing life of meaning and purpose focused on achieving common goods in communities of excellence and virtue.

Should religious people who conscientiously object to facilitating same-sex weddings, and who therefore decline to provide cakes, photography, or other services, be exempted from antidiscrimination laws? This issue has taken on an importance far beyond the tiny number who have made such claims.

A guide for anyone who wants to understand the role of treason law in our constitutional democracy, grounded in over two decades of research.

By focusing on five important and representative agencies (the EPA, NLRB, SSA, IRS, and FCC), the book addresses two key problems for teaching and learning administrative law: (1) students’ lack of familiarity with agencies and what they do; and (2) the difficulty of understanding new and different agencies and their organic statutes for each new administrative law case.

Identifying, responding to, and preventing bigotry have engaged the efforts of many people. People disagree, however, over who is a bigot and what makes a belief, attitude, or action bigoted. This book argues that bigotry has both a backward- and forward-looking dimension.

The Sixth Edition retains the existing structure and interactive features, but now includes multiple-choice questions at the end of each chapter, with explanations for each alternative.

A detailed argument of how our government has interfered in the direction of America’s media landscape that traces major transformations in media since the printing press and charts a path for reform.

Xavier Cortada portrays ten significant decisions by the Supreme Court of the United States that originated from people, places, and events in Florida.

Exploring the significant role of former suffragists in the constitutional development of the Nineteenth Amendment — the woman suffrage amendment ratified in 1920.

Legal education has created silos where certain professors teach “skills” courses and others teach “doctrine.”  This book challenges that division by building on learning theories that establish students cannot truly learn doctrine without explicit instruction in skills.

A comprehensive history of the DREAM Act and Deferred Action for Childhood Arrivals over the last two decades.

This book argues that insufficient recognition of new families is a legal problem that needs fixing in light of recent evolutions in family patterns and normative conceptions of ‘family’.

In virtually every walk of life, robotic systems can make labor more valuable, not less. Frank Pasquale tells the story of nurses, teachers, designers, and others who partner with technologists, rather than meekly serving as data sources for their computerized replacements.

A comprehensive study of the constitutional jurisprudence of Justice Antonin Scalia, this book examines whether Scalia’s judgments were consistent with his professed jurisprudential theories, and presents historical and theoretical analysis of originalist jurisprudence, revealing its inadequacies and manipulability.

This casebook focuses on the constitutional and statutory doctrines necessary to litigate 4th, 8th, and 14th Amendment claims, 1st Amendment religion claims that arise in prison, and the 11th Amendment defense.

Newly updated to reflect how the landscape has changed, this casebook is focused on the development of antitrust law through Supreme Court cases using a problem-based approach.

A collection of reflections on the female migrant experience from women of different backgrounds and perspectives.

Building on feminist principles, Ross demonstrates why the Supreme Court got it wrong when it allowed police to stop, search, and sometimes strip-search people and call it consent.

This succinct introduction to key topics of law specific to sports compares approaches to sports law across the globe, with particular focus on the United States, Europe, and common law jurisdictions. Contrasting the profit-maximizing approach of North American leagues with the global integrated approach of professional sports governed by national and international governing boards, the book offers a novel model for the latter.

In this book, Ezra Rosser explores the connection between land-use patterns and development in the Navajo Nation. Roughly the size of Ireland or West Virginia, the Navajo reservation has seen successive waves of natural resource-based development over the last century.

This book brings the psychology of decision making together with the law to explore ways to improve patient safety and reduce iatrogenic injury, when neither the healthcare industry itself nor the legal system has made a substantial dent in the problem.

Legal doctrine—the creation of doctrinal concepts, arguments, and legal regimes built on the foundation of written law—is the currency of contemporary law.

This book documents the history of the legal and political struggle to end the U.S. government’s practice of jailing children and families for months, or even years, until overburdened immigration courts could rule on their claims for asylum.

Explores the emerging issues of virtual work and looks at how employers have turned to technology during the pandemic.

Summarizes the complex, intersecting legal, medical and scientific issues surrounding the HV epidemic, including the latest developments and new case laws pertaining to HIV.

Limited legal protections for privacy leave minority communities vulnerable to concrete injuries and violence when their information is exposed.

This book uses dozens of vivid examples to show how society overprescribed competition as a solution and when unbridled rivalry hurts consumers, kills entrepreneurship, and increases economic inequality.

A richly researched history that reconstructs the stories of wives who fled their husbands between the mid-seventeenth and early nineteenth centuries, comparing their plight with that of other runaway dependents.

A review of the decisions of all American appellate courts in the last twenty years and discusses those that add something new to the development or understanding of conflicts law, particularly choice of law.

This book explores the ways in which various Western countries have addressed conflicts of laws arising from injuries to rights of personality—such as defamation or invasion of privacy—but also advances new, practical ideas about how these conflicts should be resolved.

This book discusses every aspect of assessment from the broad topics of creating a culture of assessment and the institutional assessment process to the more specific topics of assessing student learning at the course and program levels and assessing teaching effectiveness.

Examining why we are primed to disbelieve allegations of sexual abuse—and how we can transform a culture and a legal system structured to dismiss accusers

Social, moral, and yes, political ideas have always played into Supreme Court justices’ impressions of how they think a case should be decided. This book traces the ways constitutional thought has evolved, from the liberalism of the New Deal and the Great Society to the Reagan conservatism that has been dominant since the 1980s.

A reassessment of the current international order in which the author proposes the right of people to form new states in the interest of maintaining peace.

This thoroughly updated Fourth Edition, largely by a new co-author, discusses arbitration law and practice clearly and reliably, with engaging context ranging from partisan political battles to a Justin Bieber tweet.

This book focuses on language, the workplace, the implications of comparing racism and sexism, race-based housing privilege, the dream of diversity and the cycle of exclusion, the rule of law and invisible systems of privilege, and the power of law to transform society.

This book is designed to facilitate the introduction of international, transnational, and comparative law issues into a first year civil procedure course. The book is very accessible for first year law students (and their professors).

This casebook for a first-year criminal law course at American law schools covers statutory interpretation, actus reus, mens rea, attempt, conspiracy, homicide, rape, and general affirmative defenses.

This textbook covers the criminalization of sexual deviance, rape, sexual assault, obscenity, nonconsensual pornography, child molestation, incest, child pornography, sex trafficking, sex work, prostitution, sex offender registration, sex offender residency restrictions, and sex offender civil commitment.