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.
Leandra Lederman and Stephen W. Mazza
This casebook teaches the mechanics of tax procedure, while stimulating students to think about the broader issues that underlie its structural framework. Tax Controversies: Practice and Procedure begins with an overview of civil tax procedure and an in-depth discussion of the federal tax gap and the many approaches to closing it. Several of the next chapters focus on stages in the chronology of a typical tax controversy, from examination through eventual litigation. Two chapters focus on tax research and representing tax clients, and another chapter addresses ethics issues in tax cases. An underlying theme—the extent to which the current procedural rules encourage or discourage voluntary compliance with the federal tax system—runs throughout the book.
• Suitable for J.D. or LL.M. students, or for use in a tax clinic.
• Each casebook chapter includes theory questions and a set of fact-based problems to encourage strategic thinking. Several chapters include optional drafting problems.
• Teacher’s Manual provides detailed answers to the problem sets, suggests approaches to the material, and highlights topics more suitable for an advanced course.
• This edition is thoroughly updated to reflect developments in the law since the previous edition.
• Separate Documents Volume, Tax Controversies: Statutes, Regulations, and Other Materials, is also available.
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.
Donald H. Gjerdingen
Most students view the Rule against Perpetuities as the most difficult rule in law school. Moreover, the Rule is still covered on MBE for Property and MEE for Wills and Trusts and yet few student-centered resources exist. The Little Book on Perpetuities fills this gap. An ideal subject for self-study, this guide covers all key parts of the Rule, including problems for self-testing. It presents the Rule in its historical context but in a fun, engaging, and accessible way that is simple and clear for students to use. It can be used for Property classes, as well as Wills & Trusts and can supplement a casebook or be used as a separate, self-continued unit. Coverage includes: the common-law Rule and all the famous classics traps; modern statutory reforms, including the new generations-based rule by the Restatement Third of Property; recent efforts by some states to abolish the Rule; and the history and policies of the Rule.
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.
Jody L. Madeira
In Taking Baby Steps, Jody Lyneé Madeira takes readers inside the infertility experience, from dealing with infertility-related emotions to forming treatment relationships with medical professionals and confronting difficult medical decisions. Based on hundreds of interviews, this book investigates how women, men, and medical professionals negotiate infertility’s rocky terrain to create life and build families—a journey across personal, medical, legal, and ethical minefields that can test mental and physical health, friendships and marriages, spirituality, and financial security.
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.
William D. Popkin
This coursebook emphasizes a particular perspective on statutory interpretation—pragmatic judging, which means that the judge is influenced by substantive background considerations. This perspective is also sensitive to the historical framework that shapes modern statutory interpretation, to the institutional setting in which interpretation occurs, and to the reality that statutes can be a source of law (even when there is no common law power). The book concludes with an exploration of the rules governing the lawmaking process, especially those found in state constitutions.
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