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.
Alfred C. Aman and Carol J. Greenhouse
This casebook analyzes legal questions arising from the tensions between global capitalism and national sovereignty. Today, these tensions are manifest across all spheres of law — national and international, as well as new forms of private ordering. We focus on the areas of trade, the environment, labor, human rights, corporate social responsibility, and separation of powers, especially executive power.
The book will be useful to students, scholars, and practitioners. It provides reviews of debates currently shaping the field, as well as extensive notes and references. It is distinctive in that each chapter offers critical and activist perspectives as well as those of the relevant courts or other legal institutions, both to remind readers that law and markets are indelibly interconnected, and that the character of those interconnections is not a given. Further, this is an interdisciplinary account, putting legal analysis in dialogue especially with anthropological studies of law, among other literatures.
Transnational Law is arranged in three parts. Part I (“Governance through treaties and agreements”) considers situations in which states act as parties in treaties and multinational agreements on trade and the environment. Part II (“Governance through codes and contracts”) takes up outsourcing, privatization, and corporate social responsibility as situations in which corporate self-regulation confronts core governmental functions and human rights issues. Part III (“Governance through government”) considers the implications of transnational law for contemporary debates over separation of powers, culminating in a discussion of what we call the transnational executive.
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"
Fred H. Cate and James X. Dempsey
This book is the culmination of nearly six years of research initiated by Fred Cate and Jim Dempsey to examine national practices and laws regarding systematic government access to personal information held by private-sector companies. Leading an effort sponsored by The Privacy Projects, they commissioned a series of country reports, asking national experts to uncover what they could about government demands on telecommunications providers and other private-sector companies to disclose bulk information about their customers. Their initial research found disturbing indications of systematic access in countries around the world. These data collection programs, often undertaken in the name of national security, were cloaked in secrecy and largely immune from oversight, posing serious threats to personal privacy. After the Snowden leaks confirmed these initial findings, the project morphed into something more ambitious: an effort to explore what should be the rules for government access to private-sector data, and how companies should respond to government demands for access.
This book contains twelve updated country reports plus eleven analytic chapters that present descriptive and normative frameworks for assessing national surveillance laws, survey evolving international law and human rights principles applicable to government surveillance, and describe oversight mechanisms. It also explores the concept of accountability and the role of encryption in shaping the surveillance debate. Cate and Dempsey conclude by offering recommendations for both governments and industry.
The Oxford Handbook of Law, Regulation and Technology (edited by Roger Brownsword, Eloise Scotford, and Karen Yeung)
Kenneth G. Dau-Schmidt
The variety, pace, and power of technological innovations that have emerged in the 21st Century have been breathtaking. These technological developments, which include advances in networked information and communications, biotechnology, neurotechnology, nanotechnology, robotics, and environmental engineering technology, have raised a number of vital and complex questions. Although these technologies have the potential to generate positive transformation and help address 'grand societal challenges', the novelty associated with technological innovation has also been accompanied by anxieties about their risks and destabilizing effects. Is there a potential harm to human health or the environment? What are the ethical implications? Do this innovations erode of antagonize values such as human dignity, privacy, democracy, or other norms underpinning existing bodies of law and regulation? These technological developments have therefore spawned a nascent but growing body of 'law and technology' scholarship, broadly concerned with exploring the legal, social and ethical dimensions of technological innovation.
This handbook collates the many and varied strands of this scholarship, focusing broadly across a range of new and emerging technology and a vast array of social and policy sectors, through which leading scholars in the field interrogate the interfaces between law, emerging technology, and regulation. Structured in five parts, the handbook (I) establishes the collection of essays within existing scholarship concerned with law and technology as well as regulatory governance; (II) explores the relationship between technology development by focusing on core concepts and values which technological developments implicate; (III) studies the challenges for law in responding to the emergence of new technologies, examining how legal norms, doctrine and institutions have been shaped, challenged and destabilized by technology, and even how technologies have been shaped by legal regimes; (IV) provides a critical exploration of the implications of technological innovation, examining the ways in which technological innovation has generated challenges for regulators in the governance of technological development, and the implications of employing new technologies as an instrument of regulatory governance; (V) explores various interfaces between law, regulatory governance, and new technologies across a range of key social domains.
Professor Dau-Schmidt's contribution is Chapter 43: "Trade, Commerce, and Employment: the Evolution of the Form and Regulation of the Employment Relationship in Response to the New Information Technology."
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."
Mark D. Janis
This text provides a comprehensive treatment of the law of trademark, unfair competition, false advertising, and the right of publicity.
Governing Medical Knowledge Commons (edited by Katherine J. Strandburg, Betty M. Frischmann, and Michael J. Madison)
Governing Medical Knowledge Commons makes three claims: first, evidence matters to innovation policymaking; second, evidence shows that self-governing knowledge commons support effective innovation without prioritizing traditional intellectual property rights; and third, knowledge commons can succeed in the critical fields of medicine and health. The editors' knowledge commons framework adapts Elinor Ostrom's groundbreaking research on natural resource commons to the distinctive attributes of knowledge and information, providing a systematic means for accumulating evidence about how knowledge commons succeed. The editors' previous volume, Governing Knowledge Commons, demonstrated the framework's power through case studies in a diverse range of areas. Governing Medical Knowledge Commons provides fifteen new case studies of knowledge commons in which researchers, medical professionals, and patients generate, improve, and share innovations, offering readers a practical introduction to the knowledge commons framework and a synthesis of conclusions and lessons.
Professor Mattioli's contribution is chapter 7, "Cancer: From a Kingdom to a Commons."
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.
Ryan W. Scott, Arthur D. Hellman, David R. Stras, and F. Andrew Hessick
This fourth edition, like its predecessors, builds on the traditional model of the Federal Courts course but also emphasizes giving students the grounding they need to be effective litigators. The book provides a coherently organized and accessible approach to issues of federalism, separation of powers, and institutional competency, and it includes all the classic Federal Courts cases. Carefully designed problems require students to apply statutory and doctrinal materials to particular situations that a client may face. Streamlining of some topics and selective cuts have substantially reduced the size of the new edition
Regional Autonomy, Cultural Diversity and Differentiated Territorial Government: The Case of Tibet - Chinese and Comparative Perspectives (edited by Roberto Toniatti and Jens Woelk)
David C. Williams
Regional Autonomy, Cultural Diversity and Differentiated Territorial Government assesses the current state of the international theory and practice of autonomy in order to pursue the possibility of regional self-government in Tibet. Initiated by a workshop and roundtable with political representatives from different autonomous regions, including His Holiness the 14th Dalai Lama, this book brings together a group of distinguished international scholars to offer a much-needed enquiry into solutions to the Tibetan quest for ‘genuine’ autonomy. Examining the Chinese framework of regional self-government, along with key international cases of autonomy in Europe, North America and Asia, the contributors to this volume offer a comprehensive context for the consideration of both Tibetan demands and Chinese worries. Their insights will be invaluable to academics, practitioners, diplomats, civil servants, government representatives, international organisations and NGOs interested in the theory and practice of autonomy, as well as those concerned with the future of Tibet.
Professor Williams' contribution to this volume is chapter 11, "Sometimes Guns Are the Answer: The Path to Autonomy in Tibet, Burma, and South Sudan."
Susan H. Williams
The idea that constitutions are gendered is not new, but its recognition is the product of a revolution in thinking that began in the last decades of the twentieth century. As a field, it is attracting scholarly attention and influencing practice around the world. This timely handbook features contributions from leading pioneers and younger scholars, applying a gendered lens to constitution-making and design, constitutional practice and citizenship, and constitutional challenges to gender equality rights and values.
Offering a cutting-edge perspective on the constitutional text and record of multiple jurisdictions, from long-established to newly emerging democracies, Constitutions and Gender portrays a profound shift in our understanding of what constitutions stand for and what they do. Its central insight is that democratic constitutions must serve the needs and aspirations of all the people, and constitutional legitimacy requires opportunities for participation in both the fashioning and functioning of a country’s constitution.
This challenging assessment is of relevance to scholars and practitioners of law and politics, and gender and feminism, as well as practitioners and advisors involved in constitution-making.
Professor Williams' contribution is chapter 15, "Religion, Custom, and Legal Pluralism."
Delivering Energy Law and Policy in the EU and the US: A Reader (edited by Raphael J. Heffron, Gavin F. M. Little)
Daniel H. Cole
A compendium of 120 chapters giving you new ideas for implementing energy law and policy.
- Analyses energy and environmental law and policy in terms of delivery
- Brings together interdisciplinary perspectives from international contributors on achieving policy aims in energy law and policy
- Sets out a new research agenda for a debate on policy delivery among academics, policy-makers and industry
From evaluating policy delivery on wind farms in Texas in the US, to developing nuclear power in the Middle East, this book presents fresh thinking on key concepts and ideas on energy law and policy delivery. Experts in energy from across the European Union and the United States contribute short chapters each on how best to achieve energy policy objectives. The contributors write from a range of perspectives, including the sciences, law, politics, economics and engineering.
Professor Cole's contribution to this collection is chapter 11, "A Brief History of United States Energy Policy."
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."