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School of Law

James Maxeiner


Associate Professor of LawFaculty
Associate Director, Center for International and Comparative Law

jmaxeiner@ubalt.edu
410.837.4628
John and Frances Angelos Law Center, Room 528

Administrative Assistant: Deborah Pinkham
410.837.4634
John and Frances Angelos Law Center, Room 518

Education

Dr. jur., Ludwig Maximilians Universität, Munich
LL.M., Georgetown University Law Center
J.D., Cornell Law School
B.A., Carleton College

Curriculum Vitae

Areas of Expertise

Comparative Law
Contracts
German Civil Procedure
International Business Transactions
International Civil Procedure
International Sales Law

Maxeiner is the co-director of the Center for International and Comparative Law. He is experienced in both academics and practice both in American and in German law. He began professional practice in the Honors Program of the Antitrust Division of the U.S. Department Justice, and was then honored as Humboldt Fellow at the Max Planck Institute in Munich, where he did a doctorate in comparative antitrust law. Returning to practice, he was senior litigation associate at two international law firms in Manhattan, most recently at Kaye Scholer, working principally in intellectual property litigation. Later, as vice president and associate general counsel of Dun & Bradstreet, Inc.. the world's leading business information provider, he represented the company in government affairs, including in international privacy law, database protection and revision of the Uniform Commercial Code. Maxeiner joined the faculty in 2004. He has visited at other law schools, including Rutgers, The Catholic University of America, the University of Missouri-Kansas City, and Stetson. He is a member of the American Law Institute.

Selected Publications

Books and Book Chapters

Building a Government of Laws: Adams and Jefferson 1776-1779, in Legal Doctrines of the Rule of Law and of the Legal State (James Silkenat, et al., eds., 38 Ius Gentium: Comparative Perspectives on Law and Justice 267 ( 2014)).

The Cost of No Codes, in The Scope and Structure of Civil Codes (Julio Caesar Rivera, ed., 32 Ius Gentium: Comparative Perspectives on Law and Justice 409 (2014)).

United States Federalism: Harmony without Unity, in Federalism and Legal Unification: A Comparative Empirical Investigation of Twenty Systems (Daniel Halberstam, and Mathias Reimann,eds., 28 Ius Gentium: Comparative Perspectives on Law and Justice 491 (2013)).

Failures of American Lawmaking in International Perspective (in preparation).

Failures of American Civil Justice in International Perspective (with Professor Gyooho Lee of Seoul and Judge Armin Weber of Munich), Cambridge University Press, 2011

Educating Lawyers Now and Then: An Essay Comparing the 2007 and 1914 Carnegie Foundation Reports on Legal Education and a Reprint of the 1914 Report The Common Law and the Case Method in American University Law Schools by Josef Redlich (Vandeplas Publishing 2007). Partly available at SSRN.

Advertising Law in Europe and North America, 2nd ed. (with Peter Schotthöfer) (Kluwer 1999)

Policy and Methods in German and American Antitrust Law: A Comparative Study (Praeger 1986)

Rechtspolitik Und Methoden Im Deutschen Und Amerikanischen Kartellrecht (Munich: 1986) 193 pp. (German version of 4 and my doctoral dissertation.)

Book Series Editor

Ius Gentium: Comparative Perspectives on Law and Justice (with M. Sellers) Springer Science + Business Media

Articles and Essays

The Federal Rules at 75: dispute resolution, private enforcement or decisions according to law ? 30 Ga. St. U. L. Rev. (forthcoming 2014).

Op-Ed., The fixable flaws of America's civil justice system: Legal system fails plaintiffs seeking less than $100,000, Balt. Sun, June 24, 2013.

Op-Ed., The Bavarian case for registering guns, Balt. Sun, Apr. 28, 2013.

Thinking Like a Lawyer Abroad: Putting Justice into Legal Reasoning, forthcoming in Washington U. Global Studies L. Rev

A Right to Legal Aid: The ABA Model Access Act in International Perspective, forthcoming in Loyola U. New Orleans J. Pub. Interest L

The American 'Rule': Assuring the Lion His Share, in Cost and Fee Allocation in Civil Procedure: A Comparative Study (Springer 2011)

It's the Law! The Missing Measure of Civil Law/Common Law Convergence, 49 Sup. Ct. L. Rev. 471 (2010)

Pleading and Access to Civil Procedure: Historical and Comparative Reflections on Iqbal, a Day in Court and a Decision According to Law, 114 Penn State L. Rev. 1257 (2010)

Imagining Judges that Apply Law: How They Might Do It, 114 Penn State L. Rev.469 (2009)

Learning from Others: Sustaining the Internationalization and Globalization of U.S. Law School Curriculums, 32 Fordham J. Int'l L. 501 (2008)

Some Realism About Legal Certainty in the Globalization of the Rule of Law, 31 Houston J. Int'l L. 101 (2008)

Guiding Litigation: Applying Law to Facts in Germany, forthcoming in Papers of Common Good Forum The Boundaries of Litigation, Brookings Institution, Washington DC April 15, 2008. Also available at SSRN.

Legal Certainty and Legal Methods: A European Alternative to American Legal Indeterminacy?, 15 Tulane J. Int'l & Comp. L. 541-607 (2007) Partly available at SSRN.

Educating Lawyers Now and Then: Two Carnegie Critiques of the Common Law and the Case Method, 35 Int'l J. Legal Info. 1 (2007)

Legal Indeterminacy Made in America: American Legal Methods and the Rule of Law, 41 Valparaiso U.L. Rev. 517-589 (2006)

Legal Indeterminacy Made in America: American Legal Methods and the Rule of Law, 41 Valparaiso U.L. Rev. 517-589 (2006)

Standard Terms Contracting in the Global Electronic Age: European Alternatives, 28 Yale J. Int'l L. 109 (2003)

Legal Indeterminacy Made in America: American Legal Methods and the Rule of Law, 41 Valparaiso U.L. Rev. 517-589 (2006)

The New Japanese Law Schools (with Keiichi Yamanaka), 13 Pacific Rim L. & Policy J. 303 (2004) Available at SSRN.

Standard Terms Contracting in the Global Electronic Age: European Alternatives, 28 Yale J. Int'l L. 109 (2003)

Different Roads to the Rule of Law: Their Importance for Law Reform in Taiwan (in English and in Chinese), Tunghai Univ. L. Rev. No. 19, 159 (December 2003)

Articles on Social Science Research Network