Professor of Law Emeritus
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 associate 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
Failures of American Lawmaking in Historical and Comparative Perspectives (Cambridge University Press 2018).
Failures of American Civil Justice in International Perspective (with Professor Gyooho Lee and Armin Weber) (Cambridge University Press, 2011; paperback 2013)
Educating Lawyers Now and Then: An Essay Comparing the 2007 and 1914 Carnegie Foundation Reports on Legal Education (2007).
Advertising Law in Europe and North America (Co-editor & author) (Kluwer: 2nd ed. 1999; 1st ed 1992).
Policy and Methods in German and American Antitrust Law: A Comparative Study (Prager: 1986).
Rechtspolitik und Methoden im deutschen und amerikanischen Kartellrecht (Munich: 1986) 193 pp. (German version of preceeding.)
Book Series Editor
Ius Gentium: Comparative Perspectives on Law and Justice (with M. Sellers) Springer Science + Business Media
Articles on Social Science Research Network
A Government of Laws not of Precedents 1776-1876: The Google Challenge to Common Law Myth, 4 Brit. J. Am. Legal Studies 137 (2015).
The Federal Rules at 75: dispute resolution, private enforcement or decisions according to law? 30 Georgia St . U.L. Rev. 983 (2014).
Building a Government of Laws: Adams and Jefferson 1776-1779, in Legal Doctrines of the Rule of Law and of the Legal State (Ius Gentium vol. 38, 2014).
Scalia & Garner’s Reading Law: A Civil Law for the Age of Statutes?, 6 J. Civil L. Studies 1 (2013).
Costs of No Codes, 31 Mississippi College Law Review 363 (2013).
United States Federalism: Harmony without Unity, in Federalism and Legal Unification (Ius Gentium vol. 28, 2013).
Thinking Like a Lawyer Abroad: Putting Justice into Legal Reasoning, 11 Washington U. Global Studies L. Rev. 55 (2012).
A Right to Legal Aid: The ABA Model Access Act in International Perspective, 13 Loyola J. Pub. Interest L. 61 (2011).
The American Rule: Assuring the Lion His Share, in Cost and Fee Allocation in Civil Procedure: A Comparative Study 287 (Ius Gentium vol. 11, 2011).
It's the Law – Applying the Law is 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. 32 (2008).
Some Realism about Legal Certainty in the Globalization of the Rule of Law. 31 Houston J. Int’l L 27 (2008).
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 Certainty and Legal Methods: A European Alternative to American Legal Indeterminacy?, 15 Tulane J. Int’l & Comp. L. 541 (2007).
Legal Indeterminacy Made in America: American Legal Methods and the Rule of Law, 41 Valparaiso U.L. Rev. 517 (2006).
The New Japanese Law Schools (with Keiichi Yamanaka), 13 Pacific Rim Law and Policy Journal 303 (2004).
Different Roads to the Rule of Law: Their Importance for Law Reform in Taiwan, Tunghai Univ. L. Rev. No. 19, 159 (December 2003).
Standard Terms Contracting in the Global Electronic Age: European Alternatives, 28 Yale J. Int’l L. 109 (2003).
American Law Schools as a Model for Japanese Legal Education?, 24 Kansai Univ. Rev. L. & Politics 37 (2003).
U.S. “methods awareness” for German Jurists, in Festschrift für Wolfgang Fikentscher 114 (Bernhard Großfeld et al., eds., 1998).
Why are U.S. Lawyers not Learning from Comparative Law? (with Ernst C. Stiefel), in The International Practice of Law 213 (Nedim Vogt et al. eds., 1997).
Civil Justice Reform in the United States: Opportunity for Learning from Civilized European Procedure Instead of Continued Isolation? (with Ernst C. Stiefel), 42 Am. J. Comp. L. 167 (1994).
1992: High Time for American Lawyers to Learn From Europe, or Roscoe Pound’s 1906 Address Revisited, 15 Fordham Int’l L.J. 1 (1991).
Constitutionalizing Forfeiture Law—The German Example, 27 Am. J. Comp. L. 635 (1979).
Bane of American Forfeiture Law—Banished at Last?, 62 Cornell L. Rev. 768 (1977).