Books & Book Chapters by Maurer Faculty

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  Law and the Protection of Democracy: Essays in Honor of Alfred C. Aman Jr.

  Yvonne Cripps, Landyn Wm. Rookard, Carol J. Greenhouse, Lauren K. Robel, Elisabeth Zoller, Aviva Orenstein, Jayanth K. Krishnan, Christiana Ochoa, David F. Hamilton, Lloyd Green, Susan Williams, Tzu-Yi Lin, Daniel Cole, Nathan D. Alder, and Arantxa Recarte

  Highly topical collection of innovative essays on the protection of democracy by eminent contributors from the judiciary, the practicing legal profession, the academy, and the realm of journalism.
  
  
  With international safeguards for democracy showing signs of fragility as they come under various forms of attack, the vitality of the legal imagination will be essential to the future of the democratic rule of law. This collection of essays undertakes an innovative and timely assessment of the legal system's capacity for self-renewal. In its focus on law as a creative project in the service of democracy, the volume honors Alfred C. Aman Jr., a distinguished law professor, administrator, jazz musician, and scholar. Aman's extensive body of work includes farsighted, and ultimately optimistic, writings drawing attention to the potential of law reform as a means of addressing democracy deficits in the United States.
  
  This book provides a timely, even urgent, analysis of current challenges to democracy, tackling questions of Constitutional interpretation, separation of Church and State, press freedom, personhood, admissibility of evidence, environmental protection, and legal education, among other issues. Beyond current problems, authors consider resources for renewal in unexpected places, for example, looking to mentorship in legal education as support for democratic imagination and to processes of interpretation, improvisation, and generative dissonance as exemplified in music in ways that are relevant to law. The essays relate to the United States and other jurisdictions that, like the US, have fought hard for their freedoms and democracy through law.

  Volume edited by and includes chapter, "Protecting'persons' in a technological era" by Maurer Professor Yvonne Cripps

  Includes chapter, "Executive orders, credible commitments, and US climate policy" by Maurer Professor Daniel Cole

  Includes chapter, "Harmonizing international migration and legal education" by Maurer Professor Jayanth Krishnan

  Includes chapter, "In the groove: the Indiana Journal of Global Legal Studies" by Maurer Law School Dean Christiana Ochoa and former student Arantxa Recarte

  Includes chapter, "Supporting the presumption of innocence and addressing systemic racism: reforming the law of evidence to prohibit impeaching criminal defendants with their prior crimes" by Maurer Professor Aviva Orenstein

  Includes chapter, "Polyphony and dissonance: state courts, individual liberty, and reproductive rights" by Maurer Professor Emerita Lauren Robel

  Includes chapter, "Gender equality and the music of constitutional design" by Maurer Professor Susan Williams

  Includes chapter, "Laïcité : a jarring sound in global constitutionalism?" by Maurer visiting Professor Élisabeth Zoller

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  "Criminalizing Sexual Identities: Queer, Female, and Wrongfully Convicted"

  Valena Beety

  This book examines the representation and misrepresentation of queer people in true crime, addressing their status as both victims and perpetrators in actual crime, as well as how the media portrays them.

  The chapters apply an intersectional perspective in examining criminal cases involving LGBTQ people, as well as the true crime media content surrounding the cases. The book illuminates how sexual orientation, gender, race, and other social locations impact the treatment of queer people in the criminal legal system and the mass media. Each chapter describes one or more high-profile criminal cases involving queer people (e.g., the murders of Brandon Teena and Kitty Genovese; serial killer Aileen Wuornos; the Pulse nightclub mass shooting). The authors examine how the cases are portrayed in the media via news, films, podcasts, documentaries, books, social media, and more. Each chapter discusses not only what is visible or emphasized by the media but also what is invisible in the accounting or societal focus surrounding the case. Lesser-known (but similar) cases are used in the book to call attention to how race, gender, sexuality, sexual orientation, social class, and/or other features influence the dominant narrative surrounding these cases. Each chapter addresses "teachable moments" from each case and its coverage, leaving readers with several considerations to take with them into the future.

  The book also provides media resources and supplemental materials so that curious readers, including scholars, students, content creators, and advocates, can examine the cases and media content further. The book will appeal to scholars and students of criminology, psychology, sociology, law, media studies, sexuality studies, and cultural studies, and people with an interest in true crime.

  Includes the chapter "Criminalizing Sexual Identities: Queer, Female, and Wrongfully Convicted" by Maurer Professor Valena Beety.

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  "Non-Compete Covenants"

  Kenneth G. Dau-Schmidt and Jozie M. Barton

  At the core of all societies and economies are human beings deploying their energies and talents in productive activities - that is, at work. The law governing human productive activity is a large part of what determines outcomes in terms of social justice, material wellbeing, and the sustainability of both. It is hardly surprising, therefore, that work is heavily regulated.
  
  This Handbook examines the 'law of work', a term that includes legislation setting employment standards, collective labour law, workplace discrimination law, the law regulating the contract of employment, and international labour law. It covers the regulation of relations between employer and employee, as well as labour unions, but also discussions on the contested boundaries and efforts to expand the scope of some laws regulating work beyond the traditional boundaries.
  
  Written by a team of experts in the field of labour law, the Handbook offers a comprehensive review and analysis, both theoretical and critical. It includes 60 chapters, divided into four parts. Part A establishes the fundamentals, including the historical development of the law of work, why it is needed, the conceptual building blocks, and the unsettled boundaries. Part B considers the core concerns of the law of work, including the contract of employment doctrines, main protections in employment legislation, the regulation of collective relations, discrimination, and human rights. Part C looks at the international and transnational dimension of the law of work. The final Part examines overarching themes, including discussion of recent developments such as gig work, online work, artificial intelligence at work, sustainable development, amongst others.

  Includes the chapter, "Non-Compete Covenants" by Maurer Professor Kenneth Dau-Schmidt and Jozie M. Barton.

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  "Using Practice-Based Regulations to Promote Collaborative Recovery of Threatened Species"

  Robert L. Fischman

  The Endangered Species Act of 1973 (ESA) is one of the most cherished and reviled laws ever passed. It mandates protection and preservation of all the nation’s species and biodiversity, whatever the cost. It has been a lightning rod for controversy and conflicts between industry/business and environmentalists.

  In this volume, leading Endangered Species Act experts interpret and propose legislative and administrative changes to prepare the ESA for future challenges. They explore regulations on avoiding harm to and producing benefits for species, cooperation between state and federal agencies, scientific analyses, and the necessary politics to enact their ideas.

  This is a call to action to chart an enlightened future for the Endangered Species Act that embraces the nation’s moral commitment of 50 years ago to address species extinction constructively, mindful of biodiversity, and as a fixture among the nation’s values and needs. The interconnected web of life includes all living species that depend on each other for survival, us among them. The stakes—our very future—are too high to ignore.

  Includes the chapter, "Using Practice-Based Regulations to Promote Collaborative Recovery of Threatened Species" by Maurer Professor Robert Fischman.

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  "Big data and the future of belligerency: applying the rights to privacy and data protection to wartime artificial intelligence"

  Asaf Lubin

  The Research Handbook on Warfare and Artificial Intelligence provides a multi-disciplinary exploration of the urgent issues emerging from the increasing use of AI-supported technologies in military operations. Bringing together scholarship from leading experts in the fields of technology and security from across the globe, it sheds light on the wide spectrum of existing and prospective cases of AI in armed conflict.
  
  Providing critical perspectives on the future of AI and warfare, this Research Handbook advances important debates surrounding technology and its strategic and humanitarian implications. Contributing authors discuss topics including machine learning algorithms in decisions on the use of force, the definition and feasibility of ‘meaningful human control’, issues pertaining to data protection and privacy, and states’ positive obligations when deploying such systems. Ultimately, the book provides critical insights into one of the most contentious debates of our time and poses vital questions for the future of armed conflict.
  
  Tackling practical issues in a detailed and engaging manner, this Research Handbook is an indispensable resource for students and scholars of international law, political science, technology and security studies. Its examination of crucial legal, ethical and political issues pertaining to the topic will also make it an invaluable read for policymakers and researchers at NGOs and think tanks.

  Includes the chapter, "Big data and the future of belligerency: applying the rights to privacy and data protection to wartime artificial intelligence" by Maurer Professor Asaf Lubin.

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  "The Duty of Constant Care and Data Protection in War"

  Asaf Lubin

  This book provides a pathbreaking attempt both to define the important legal questions related to the growing use of “big data” in extraterritorial military operations, and to begin to provide some answers. Big data, meaning the troves of data generated by new information technologies and the advanced analytics used to process that data, is radically reshaping the modern battlefield. Like many new military technologies and capabilities, the myriad uses of big data present broad questions about how to translate existing rules and principles embedded in multiple bodies of law to these new contexts, both within armed conflict, as part of adversarial activities below the armed conflict threshold, and in a range of related operations that increasingly use, deploy, and target such data. These questions extend beyond the role of big data within weapons systems and other military capabilities to questions about the nature of civilian harm, scope of individual rights, atrocity investigation, and humanitarian relief.
  
  The chapters in this book comprise the first initiative to grapple with a wide swath of these questions including whether, and how, jus ad bellum, international humanitarian law, international human rights law, and international criminal law might apply to operations involving big data. At the same time, because big data is so transformative, the uses of such data provoke deeper questions about the law itself, exposing gaps and interpretive ambiguities in existing legal frameworks that generate critiques of those frameworks as inadequate. Accordingly, while big data holds enormous promise, it also has the potential to disrupt modern warfare and the rule of law itself. This book confronts these issues directly, offers a range of approaches, and suggests an initial roadmap for scholars and practitioners alike.

  Includes the chapter, "The Duty of Constant Care and Data Protection in War" by Maurer Professor Asaf Lubin.

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  Indiana Trial Evidence Manual, 2024 Edition

  J. Alexander Tanford

  Indiana Trial Evidence Manual is an easy-to-use manual that assists you at any stage of civil or criminal trial research. It fully covers the Indiana Evidence Rules, as well as the latest cases and statutes. It has sample forms to aid the user to phrase objections properly, and support objections with easily-accessible case law and rules of evidence. This single volume contains everything that one might need at trial but is small enough to fit in a briefcase and concise enough that a trial lawyer can find relevant sections quickly.

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  Administrative Law, 4th

  Alfred C. Aman Jr., Landyn Wm. Rookard, and William T. Mayton

  This treatise provides a comprehensively updated analysis of administrative law in the United States, placing special emphasis on topics undergoing significant evolution or transformation in the Supreme Court and federal courts of appeals. These include, for example, the latest developments in Congress's authority to delegate legislative authority to agencies, deference to agency legal interpretations, the so-called "major questions doctrine," modern due process issues, and the presidential appointments power. The fundamental purposes of this book are to assess and explain the current state of the core doctrines of administrative law, place the most important aspects of those doctrines in a historical context, and identify important trends that can help readers understand how the doctrines may continue to evolve. The book is intended to serve practitioners, scholars, and students of administrative law.

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  "Chemicals as Regulatory Targets"

  John S. Applegate

  This incisive volume of the Elgar Encyclopedia of Environmental Law offers a broad analysis of the foundations, main concepts, and substantive and procedural requirements of selected chemical law regimes as they pertain to the environment. Featuring contributions from more than 40 expert scholars and practitioners in the field, the volume focuses on chemical regulatory systems from representative jurisdictions, including the EU and the US, to provide a coherent overview of this expansive and often fragmented area of law.
  
  Divided into five thematic parts, the volume first examines the fundamental concepts of chemical law, addressing topics including risk assessment, nomenclature, environmental justice and animal testing. Entries then discuss types of chemicals and exposures, regulation of chemicals in products and manufacturing, and waste and contamination, as well as covering liability rules as they apply to chemicals.
  
  This volume will be an essential resource for scholars and students looking for a clear understanding of chemicals regulation and governance from environmental and public health perspectives at both national and international levels. Its insights into policy developments and liability issues will also be of interest to policymakers and practitioners.

  Includes the chapter, "Chemicals as Regulatory Targets: by Maurer Professor John S. Applegate.

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  "The Challenge of Judicial Independence"

  Charles G. Geyh

  The U.S. Constitution was written more than 230 years ago for a new country on the periphery of the world. Two centuries later, it governs the most powerful nation on earth, and its meaning is constantly debated.

  The U.S. Constitution in Five Minutes presents fifty-nine essays on subjects central to the meaning and application of the U.S. Constitution. Written by scholars, these essays cover origins; institutions, processes, and structural features; civil rights and liberties; and modes of interpretation and address common questions and misunderstandings about the Constitution, such as: • Can the president start a war? • Does the Constitution protect hate speech? • Does the Second Amendment give everyone the right to have a gun? • Does the Constitution protect noncitizens? • How can we tell what the Constitution means? Intended for anyone who wants a deeper understanding of the underlying principles of the U.S. political system, the book will also be a valuable supplement to political science courses. As with all the “Five Minutes” books, the essays are written in lively and accessible prose and are brief enough to be read in five minutes.

  Includes the chapter, "The Challenge of Judicial Independence" by Maurer Professor Charles G. Geyh.

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  "Interfaces in Plant Intellectual Property" Second edition

  Mark D. Janis

  While intellectual property rights are mostly studied in isolation, in practice the legal categories created to protect these rights provide only partial legal coverage of the broader context in which such rights are created, used, and enforced. Consequently, often multiple IP rights overlap with respect to the same underlying subject matter.
  
  This book enables readers to consider how these overlapping rights work together, facilitating a deeper understanding of how and when they may be encountered in practice. Each chapter addresses a discrete pair of IP rights and uses a hypothetical scenario to analyse particular conceptual and practical issues, giving practitioners a comprehensive understanding of the overlap.
  
  While the focus of these IP rights is on UK, US and European law, the book also contains comparison tables of overlapping IP rights in other countries around the world. These tables complement the chapters, offering a detailed overview as to how these overlaps apply in different legal jurisdictions, as well as how they differ.

  Includes the chapter, "Interfaces in Plant Intellectual Property" by Maurer Professor Mark D. Janis.

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  "The Prohibition on Extraterritorial Enforcement Jurisdiction in the Datasphere"

  Asaf Lubin

  By engaging with ongoing discussions surrounding the scope of cross-border regulation, this expansive Research Handbook provides the reader with key insights into the concept of extraterritoriality. It offers an incisive overview and analysis of one of the most critical components of global governance.
  
  Authored by central voices in the global extraterritoriality debate, the Research Handbook on Extraterritoriality in International Law offers legal, interdisciplinary, and regional perspectives on this evolving field. It covers a variety of issues, such as the economics of extraterritorial crime, judicial extraterritoriality, and extraterritorial human rights obligations.
  
  This comprehensive Research Handbook will be a valuable research resource for scholars and students of international law and politics, as well as international and domestically oriented legal practitioners who seek to grasp the difficult legal questions surrounding extraterritoriality.

  Includes the chapter, "The Prohibition on Extraterritorial Enforcement Jurisdiction in the Datasphere" by Maurer Professor Asaf Lubin.

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  Securities Litigation, Enforcement, and Compliance: Cases and Materials (Fifth Edition)

  Donna M. Nagy, Lisa M. Fairfax, and Veronica Root Martinez

  The Fifth Edition continues the casebook’s traditional focus on Exchange Act Section 10(b)/Rule 10b-5 securities fraud litigation initiated by private plaintiffs, SEC enforcement officials, and DOJ criminal prosecutors, and it incorporates important developments since 2017 including the U.S. Supreme Court’s decisions in Lorenzo v. SEC (primary liability for securities fraud); Goldman Sachs Group Inc. v. Arkansas Teacher Retirement System (fraud-on-the market and class certification); and Liu v. SEC (court-ordered disgorgement as an equitable remedy in SEC enforcement actions). But in view of the recent emergence of securities compliance as its own distinct and important area of study, the casebook has also expanded its focus to encompass the prevention, detection, investigation, and remediation stages of compliance in the securities industry, with topics including the role of gatekeepers, monetary awards and statutory protections for whistleblowing, corporate internal investigations, deferred prosecution agreements, and requirements under the Foreign Corrupt Practices Act and federal anti-money laundering statutes.

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  "Digital Inequalities and Access to Justice: Dialing into Zoom Court Unrepresented"

  Victor D. Quintanilla, Kurt Hugenberg, Margaret Hagan, Amy Gonzales, Ryan Hutchings, and Nedim Yel

  New digital technologies, from AI-fired 'legal tech' tools to virtual proceedings, are transforming the legal system. But much of the debate surrounding legal tech has zoomed out to a nebulous future of 'robo-judges' and 'robo-lawyers.' This volume is an antidote. Zeroing in on the near- to medium-term, it provides a concrete, empirically minded synthesis of the impact of new digital technologies on litigation and access to justice. How far and fast can legal tech advance given regulatory, organizational, and technological constraints? How will new technologies affect lawyers and litigants, and how should procedural rules adapt? How can technology expand – or curtail – access to justice? And how must judicial administration change to promote healthy technological development and open courthouse doors for all? By engaging these essential questions, this volume helps to map the opportunities and the perils of a rapidly digitizing legal system – and provides grounded advice for a sensible path forward. This book is available as Open Access on Cambridge Core.

  Includes the chapter "Digital Inequalities and Access to Justice: Dialing into Zoom Court Unrepresented" by Maurer Professor Victor D. Quintanilla with Kurt Hugenberg, Margaret Hagan, Amy Gonzales, Ryan Hutchings, and Nedim Yel.

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  Trusts and Estates (2nd Edition)

  Jeffrey E. Stake

  Stake’s Trusts and Estates casebook is designed as a teaching tool for a basic course in trusts and estates. This casebook is less willing than some to assume that the goal of following the decedent's intent overrides other societal concerns. The book focuses on key cases and UPC provisions, with many fewer note cases than appear in standard casebooks, rather than providing hornbook-like coverage of the subject. The hope is that this narrower focus will make it easier for to students to understand what to study and perhaps make the book more readable than some casebooks. Stake's book can be easily covered in a 3-hour course, or can be supplemented with local law for a 4-hour course. The casebook includes a variety of policy questions for class discussion, from questions about the justice and efficiency of various UPC provisions to questions about the roles of courts and legislatures in making policy choices.

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  Indiana Trial Evidence Manual (2023 Edition)

  J. Alexander Tanford

  Indiana Trial Evidence Manual is an easy-to-use manual that assists you at any stage of civil or criminal trial research. It fully covers the Indiana Evidence Rules, as well as the latest cases and statutes. It has sample forms to aid the user to phrase objections properly, and support objections with easily-accessible case law and rules of evidence. This single volume contains everything that one might need at trial but is small enough to fit in a briefcase and concise enough that a trial lawyer can find relevant sections quickly.