The faculty of the Indiana University Maurer School of Law has a long history of scholarship. 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 Rare Book 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.
Hannah L. Buxbaum
This two volume collection brings together leading English language journal articles in the area of private international law. It focuses on a range of procedural issues that have particular salience for international litigation including the location of proceedings and discovery, class actions and the aggregation of claims, and the professional responsibility challenges for lawyers practicing in multiple jurisdictions. The articles are accompanied by an original introduction, which provides valuable context and insight for the issues addressed. This comprehensive new title is an essential tool for universities, academic institution libraries and international law scholars.
Professor Buxbaum's contribution is her 2004 article, originally published in the Willamette Journal of International Law and Dispute Resolution, titled "Forum Selection in International Contract Litigation: The Role of Judicial Discretion"
Charles G. Geyh
Leading authorities present the latest cutting edge research on state judicial elections. Starting with recent transformations in the electoral landscape, including those brought about by U.S. Supreme Court rulings, this volume provides penetrating analyses of partisan, nonpartisan, and retention elections to state supreme courts, intermediate appellate courts, and trial courts. Topics include citizen participation, electoral competition, fundraising and spending, judicial performance evaluations, reform efforts,attack campaigns, and other organized efforts to oust judges. This volume also evaluates the impact of judicial elections on numerous aspects of American politics, including citizens’ perceptions of judicial legitimacy, diversity on the bench, and the consequences of who wins on subsequent court decisions. Many of the chapters offer predictions about how judicial elections might look in the future. Overall, this collection provides a sharp evidence-based portrait of how modern judicial elections actually work in practice and their consequences for state judiciaries and the American people.
Professor Geyh's contribution, chapter 2, is titled "The Changing Legal Landscape of Judicial Elections." It is co-written with Katherine Thrapp.
Joseph L. Hoffmann and William J. Stuntz
Defining Crimes, by the distinguished author team of William J. Stuntz (late of Harvard) and Joseph L. Hoffmann (Indiana), 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 coverage of the controversial issue of police use of deadly force, which—together with the existing section on “stand your ground” laws—facilitates class discussion of the “Black Lives Matter” movement and the shootings of Trayvon Martin, Michael Brown, and Eric Garner, among others.
- New chapter on Gun Crimes, including the Supreme Court’s 2016 decision upholding the criminalization of gun ownership for those convicted of domestic violence crimes.
- Updated chapter on Federal Criminal Law, including the Court’s 2016 Elonis decision.
- Updated coverage of criminal cases involving the over-prescription of opoid painkillers and other kinds of prescription medications.
- Updated materials on Rape, incorporating coverage of “yes means yes” laws and policies.
- New and comprehensive student assessment questions, written by the casebook authors, that will be posted to the companion website.
Research Handbook on Intellectual Property and the Life Sciences (edited by Duncan Matthews and Herbert Zech)
Mark D. Janis
Intellectual property (IP) is a key component of the life sciences, one of the most dynamic and innovative fields of technology today. At the same time, the relationship between IP and the life sciences raises new public policy dilemmas. The Research Handbook on Intellectual Property and the Life Sciences comprises contributions by leading experts from academia and industry to provide in-depth analyses of key topics including pharmaceuticals, diagnostics and genes, plant innovations, stem cells, the role of competition law and access to medicines. The Research Handbook focuses on the relationship between IP and the life sciences in Europe and the United States, complemented by country-specific case studies on Australia, Brazil, China, India, Japan, Kenya, South Africa and Thailand to provide a truly international perspective.
Professor Janis' contribution, chapter 9, is titled, "Non-Obvious Plants."
Donna M. Nagy, Richard Painter, and Margaret V. Sachs
This casebook focuses on federal securities litigation and enforcement, an area of law that encompasses private litigation, Securities & Exchange Commission (SEC) enforcement, criminal enforcement by the Department of Justice (DOJ), and securities arbitration. The fourth edition incorporates developments since 2011. These include the Jumpstart Our Business Startups (JOBS) Act of 2012 as well as numerous major Supreme Court decisions that appear as principal cases – Salman v. United States; Omnicare, Inc. v. Laborers District Council Construction Industry Pension Fund; Halliburton Co. v. Erica P. John Fund, Inc. (Halliburton II); Chadbourne & Parke LLP v. Troice, and Amgen, Inc. v. Conn. Ret. Plans & Trust Funds.
William D. Popkin
In Federalist No. 78, Alexander Hamilton tells us that judges have “merely” judgment but does not explain what judgment means. This book provides that explanation. It compares judgment across a range of activities—consumer choices, religion, sports officiating, art and food criticism, and law—with the goal of better understanding legal judgment. After exploring these various modes of comparison, the book concludes that law judging is fundamentally discretionary and uncertain. It then falls to the legal profession to explain to the public, without undermining respect for law, why this is so. In this way, not unlike our perception of the uncertainties that confront sports officials or that pervade scientific research, the public will come to appreciate the struggles that law judges encounter when making judgments.
Daniel H. Cole
Research Handbook on Emissions Trading examines the origins, implementation challenges and international dimensions of emissions trading. It pursues an interdisciplinary approach drawing on law, economics and at times, political science, to present relevant research strands regarding emissions trading. Intermixing theoretical insights with experiences from existing trading systems, this Handbook offers insights that can be applied around the world. It identifies key bodies of research for both upcoming and seasoned people in the field and highlights future research opportunities.
Professor Cole's contribution, chapter 2, is titled "Origins of Emissions Trading in Theory and Early Practice."
Daniel O. Conkle
This creative and tightly reasoned book brings a measure of coherency to this controversial 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. Drawing upon that history, it identifies a set of embedded and evolving constitutional values: religious voluntarism, respect for religious identity, religious equality, and freedom of religious speech, as well as broader structural values such as preserving tradition, protecting government from religion, and protecting religion from government. The book returns to these values time and again as it explores and evaluates the Supreme Court’s contemporary First Amendment doctrine under the Free Exercise and Establishment Clauses, as well as its protection of religious speech under the Free Speech Clause. A separate chapter discusses other important sources of religious freedom, including the Religious Freedom Restoration Act (RFRA) and the Religious Land Use and Institutionalized Persons Act (RLUIPA).
The book provides comprehensive and up-to-date coverage of all of the major facets of the Supreme Court’s decisionmaking, including the Court’s general doctrinal tests as well as its rulings and reasoning in particular areas, for example, concerning prayer and religious instruction in the public schools, religious symbolism in other settings, legislative prayer, financial aid to religious schools and organizations, and claims for religious exemptions under RFRA and RLUIPA. It provides selective coverage of lower court decisions as well, for instance, under the land use provisions of RLUIPA. It also includes references to leading academic works. In its concluding chapter, the book highlights ongoing developments in the American religious landscape and explains how they might affect the future of religious liberty in the United States.
Offering clear exposition combined with creative and sophisticated analysis, this book will be of value not only to students but also to scholars, lawyers, and judges.
Earlier editions published as, Constitutional Law The Religion Clause in 2003 and 2009.
Kenneth G. Dau-Schmidt, Matt Finkin, and Robert Covington
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 to facilitate teaching and to include such topics as: a separate chapter on the definition of "employee", the Genetic Information Non-discrimination Act (GINA), employee privacy issues in the new information technology, the new restatement of employment law, and the Affordable Care Act (ACA). Where appropriate, the book presents interdisciplinary discussions of employment law problems from historical, sociological and economic perspectives. Efforts were also made to include relevant empirical evidence on important employment law questions. 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 and retirement income security.
One of the most dynamic fields in the legal academy now has its own Stories book. This title offers a rich and detailed account of the most significant cases in election law, including the landmark decisions of Reynolds v. Sims, Bush v. Gore, Citizens United v. Federal Election Commission, and Shelby County v. Holder. The book relies on a unique encapsulated approach to storytelling, as each of its authors surveys an important doctrinal area in the field through the telling of his or her story. The volume’s thirteen cases concern the right to vote, redistricting and gerrymandering, campaign finance, and election administration. The book is suited for courses in the law of democracy at both the graduate and undergraduate levels.
Professor Fuentes-Rohwer's contribution, co-written with Guy-Uriel E. Charles, is titled "Reynolds Revisited."
Charles G. Geyh
The rule of law paradigm has long operated on the premise that independent judges disregard extralegal influences and impartially uphold the law. A political transformation several generations in the making, however, has imperiled this premise. Social science learning, the lessons of which have been widely internalized by court critics and the general public, has shown that judicial decision-making is subject to ideological and other extralegal influences. In recent decades, challenges to the assumptions underlying the rule of law paradigm have proliferated across a growing array of venues, as critics agitate for greater political control of judges and courts. With the future of the rule of law paradigm in jeopardy, this book proposes a new way of looking at how the role of the American judiciary should be conceptualized and regulated. This new, "legal culture paradigm" defends the need for an independent judiciary that is acculturated to take law seriously but is subject to political and other extralegal influences. The book argues that these extralegal influences cannot be eliminated but can be managed, by balancing the needs for judicial independence and accountability across competing perspectives, to the end of enabling judges to follow the "law" (less rigidly conceived), respect established legal process, and administer justice.
William D. Henderson
Are Americans making under $50,000 a year compelled to navigate the legal system on their own, or do they simply give up because they cannot afford lawyers? We know anecdotally that Americans of median or lower income generally do without legal representation or resort to a sector of the legal profession that - because of the sheer volume of claims, inadequate training, and other causes - provides deficient representation and advice. This book poses the question: can we - at the current level of resources, both public and private - better address the legal needs of all Americans? Leading judges, researchers, and activists discuss the role of technology, pro bono services, bar association resources, affordable solo and small firm fees, public service internships, and law student and nonlawyer representation.
- Offers a systematic analysis of the lack of legal representation for middle- and low-income Americans
- Literature review provides essential context for students, researchers, and practitioners
- Describes current reforms and outlines a realistic agenda for access to justice challenges
Professor Henderson's contribution, chapter 12, is titled "The Market for Recent Law Graduates."
Sarah Jane Hughes and Stephen T. Middlebrook
The steady growth of internet commerce over the past twenty years has given rise to a host of new legal issues in a broad range of fields. This authoritative Research Handbook comprises chapters by leading scholars which will provide a solid foundation for newcomers to the subject and also offer exciting new insights that will further the understanding of e-commerce experts. Key topics covered include: contracting, payments, intellectual property, extraterritorial enforcement, alternative dispute resolution, social media, consumer protection, network neutrality, online gambling, domain name governance, and privacy.
Professor Hughes' contribution, chapter 2, is titled Substitutes for Legal Tender: Lessons from History for the Regulation of Virtual Currencies. It is co-authored by Stephen T. Middlebrook.
IP and Antitrust: An Analysis of Antitrust Principles Applied to Intellectual Property Law, 3rd edition
Mark D. Janis, Herbert Hovenkamp, Mark A. Lemley, Christopher Leslie, and Michael A. Carrier
Maximize intellectual property rights and minimize antitrust risks with the Third Edition of IP and Antitrust: An Analysis of Antitrust Principles Applied to Intellectual Property Law. While intellectual property licensing agreements are generally pro-competitive, antitrust issues can arise. Licensing arrangements raise concerns under the antitrust laws if they are likely to adversely affect the prices, quantities, qualities or varieties of goods and services available. Therefore, companies MUST factor these antitrust considerations into the drafting and review of these licensing agreements.
The Third Edition of IP and Antitrust: An Analysis of Antitrust Principles Applied to Intellectual Property Law is reorganized and rewritten to address the following important topics:
- Exclusion payment settlements in the pharmaceutical industry
- Post-expiration royalties and payments
- Monopolization and Refusals to License
- Tying, Exclusive Dealing and Related Licensing Practices
- REMS, product hopping and manipulation of the regulatory process
- Package Licensing, Blanket Licenses and Block-Booking
- Anticompetitive Royalty Provisions
- Resale Price Maintenance
Confidently draft and review intellectual property licensing agreements with IP and Antitrust: An Analysis of Antitrust Principles Applied to Intellectual Property Law.
Leandra Lederman and Michelle Kwon
Now in its third edition, this clearly written Understanding treatise is designed to supplement any corporate tax casebook, providing a step-by-step explanation of the fundamentals of corporate tax law. Understanding Corporate Taxation includes discussion of relevant cases, checklists, diagrams of transactions, and numerous examples.
A volume in the Understanding series
Michael Mattioli and Fred H. Cate
Big data is ubiquitous but heterogeneous. Big data can be used to tally clicks and traffic on web pages, find patterns in stock trades, track consumer preferences, identify linguistic correlations in large corpuses of texts. This book examines big data not as an undifferentiated whole but contextually, investigating the varied challenges posed by big data for health, science, law, commerce, and politics. Taken together, the chapters reveal a complex set of problems, practices, and policies.
The advent of big data methodologies has challenged the theory-driven approach to scientific knowledge in favor of a data-driven one. Social media platforms and self-tracking tools change the way we see ourselves and others. The collection of data by corporations and government threatens privacy while promoting transparency. Meanwhile, politicians, policy makers, and ethicists are ill-prepared to deal with big data’s ramifications. The contributors look at big data’s effect on individuals as it exerts social control through monitoring, mining, and manipulation; big data and society, examining both its empowering and its constraining effects; big data and science, considering issues of data governance, provenance, reuse, and trust; and big data and organizations, discussing data responsibility, “data harm,” and decision making.
In addition to co-editing the volume, Professor Mattioli co-authored the "Introduction," pp.xi-xxi, and the "Conclusions," pp.199-211.
Professor Cate authored the first chapter, "Big Data, Consent, and the Future of Data Protection," pp.3-19.