Books by Indiana University Maurer School of Law Faculty Members | Faculty Scholarship

Books by Maurer Faculty

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.

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The Regulation of Toxic Substances and Hazardous Wastes, 3d edition

John S. Applegate, Jan G. Laitos, Jeffrey M. Gaba, and Noah M. Sachs

This casebook provides a thorough and current introduction to the content and concepts behind toxic substances and hazardous waste law, focusing on major statutes and including key scientific, policy, and economic context. Detailed consideration of the Federal Insecticide, Fungicide, and Rodenticide Act; the Toxic Substances Control Act (as recently amended); the Resource Conservation and Recovery Act; and Comprehensive Environmental Response, Compensation and Recovery Act is included. In addition, toxic torts and alternative approaches to toxics regulation are described and analyzed.

This casebook focuses on the unique environmental effects of, and the consequent problems of regulating, toxic substances and hazardous wastes. It is suitable for use both in first courses in environmental law (in law schools where the introductory course covers two semesters, for example) and in advanced courses in toxic torts, chemical and pesticides regulation, hazardous waste law and policy, or risk regulation. The casebook provides foundational material on risk assessment, cost-benefit analysis, and other regulatory tools. It then covers in detail the numerous judge-made, statutory, and administrative regimes that regulate the life cycle of toxic substances: production, use, discharge, disposal, environmental remediation, and compensation.

Throughout, the casebook emphasizes scientific, policy, scholarly, and topical materials, in addition to the traditional cases, statutes, and regulations. Problems in every chapter help to develop issues raised in the text.
The Future of ISIS: Regional and International Implications

Feisal Amin Istrabadi and Sumit Ganguly Professor

The Islamic State (best known in the West as ISIS or ISIL) has been active for less than a decade, but it has already been the subject of numerous histories and academic studies—all focus primarily on the past. The Future of ISIS is the first major study to look ahead: what are the prospects for the Islamic State in the near term, and what can the global community, including the United States, do to counter it?

Edited by two distinguished scholars at Indiana University, the book examines how ISIS will affect not only the Middle East but the global order. Specific chapters deal with such questions as whether and how ISIS benefitted from intelligence failures, and what can be done to correct any such failures; how to confront the alarmingly broad appeal of Islamic State ideology; the role of local and regional actors in confronting ISIS; and determining U.S. interests in preventing ISIS from gaining influence and controlling territory.

Given the urgency of the topic, The Future of ISIS is of interest to policymakers, analysts, and students of international affairs and public policy.
Copyright/Design Interface: Past, Present and Future (edited by Estelle Derclaye)

Mark D. Janis

Protecting designs is complex and diverse; it involves deciding whether to protect them by design law, copyright law, or by both laws. A single protection may be under- or overprotective but two or more can be overprotective if there are no rules regulating the overlap. Legal systems in Europe and abroad have struggled to find the most adequate solution to this problem. This book traces the history of the design/copyright interface of fifteen countries, selected for their diversity in the way they dealt with the interface. It examines how these countries have coped with the problems engendered by the interface, the rules they applied to it over time and the reasons for legislative changes. This analysis reveals the most appropriate rules to regulate the interface at EU and global level and will appeal to academics, practising lawyers, judges, students and policymakers all over the world.
- Reviews the history and evolution of different rules of copyright/design interface in fifteen countries, providing complete information on a country's law over time
- Examines the current law of copyright/design interface, assisting readers in developing imaginative solutions for the future
- Explores problems faced with past and current laws and seeks to find the most appropriate rules that can be used to regulate the interface at the EU and global level
- The analysis of design application and registration statistics can be used to draw further conclusions and develop new solutions
Professor Janis' contribution, Chapter 10, is titled: "US Design Patent Law: A Historical Look at the Design Patent/Copyright Interface." It is co-authored by Jason J. Du Mont
The Story of the Dubai International Financial Centre Courts: A Retrospective

Jayanth K. Krishnan

Can Western-based, English-speaking, common law commercial courts operate successfully in an environment that are not their own—such as in the Middle East? This question is not a simple thought experiment but rather the reality that has occurred since the mid-2000s in the Emirate of Dubai. This monograph recounts the history of how the ‘Dubai International Financial Centre Courts’ emerged. Drawing on extensive interviews with key stakeholders involved in the process, along with rich original documents as well as all of the Courts’ judgments, this narrative offers important lessons for those seeking to understand more fully the complex interplay of how law, legal institutions and legal and political actors operate in today’s globalised world.
Tax Controversies: Practice and Procedure, 4th

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.
Understanding Civil Procedure, 6th edition

Gene R. Shreve, Peter Raven-Hansen, and Charles G. Geyh

This well-established treatise is premised on the assumption that the key to understanding the principles of civil procedure is to know why: why the principles were created and why they are invoked. The treatise is written to answer these questions as it lays out the basic principles of civil procedure. It also reflects the authors' belief that students of civil procedure can understand and appreciate complex principles when they are clearly presented; teaching civil procedure does not require dumbing it down.

The authors use the Federal Rules of Civil Procedure as a model, but they also refer to different state rules and doctrines where appropriate in order to present a representative cross-section of state models. Although they discuss important civil procedure cases in the text, thus supporting the most widely used civil procedure casebooks using these same cases, they also provide useful references to secondary sources and illustrative cases for the reader who wants to explore further. Finally, they also treat thoroughly the most recent developments in personal jurisdiction and electronic discovery, with special attention to the latest rule changes affecting such discovery.

The resulting treatise is sophisticated, clear, and current, equally accessible and useful to students and practitioners.
Legal Ethics, Professional Responsibility, and the Legal Profession

Gregory C. Sisk, Susan Saab Fortney, Charles G. Geyh, Neil W. Hamilton, William D. Henderson, Vincent R. Johnson, Stephen L. Pepper, and Melissa H. Weresh

As the legal profession undergoes structural changes, longstanding principles of ethics still govern the day-to-day lives of practicing lawyers. This new Hornbook on professional responsibility provides both a snapshot of ongoing systemic changes and a thorough examination of the fundamentals of lawyer and judicial ethics. As a multi-dimensional work by scholarly experts in several fields, the Hornbook (1) begins with the changing environment in which legal services are provided in the modern economy; (2) continues with a theoretical grounding of legal ethics in moral philosophy; (3) offers empirical evidence and discussion about professional formation and moral development; (4) provides a comprehensive analysis of the law of lawyer ethics; (5) includes a rich discussion of the modern law of legal malpractice, and (6) concludes with exploration of the rules of judicial ethics.
Violence and Abuse in and Around Organisations (edited by Ronald J. Burke and Cary L. Cooper)

Deborah A. Widiss

This international collection examines violence and abuse in and around organisations. The collection documents the causes, specifically from the perspective of human relations and of the workplace conditions. It also highlights the specific risks associated with high-risk professions or working environments. The first section considers types of violence and abuse, their relative frequencies, potential individual and workplace antecedents, costs to individuals, family’s organisations and societies, the fact both are increasing in frequency with new types (e.g., terrorism) appearing, and why addressing these has become increasingly important for individuals and organisations. The second section considers violence in interpersonal relationships such as bullying, incivility, bias and harassment, and toxic leadership. The third section examines unsafe workplaces, accidents, injuries, and deaths. The fourth section considers exploitive work conditions and arrangements such as precarious employment, the exploitation of immigrants, and human slavery. The final section offers suggestions on ways to address violence and abuse in and around organisations. These include aggression preventative supervisor behaviours in health care, suicide prevention in the workplace, dealing with disgruntled employees and former employees, and workplace interventions that address stress reduction more broadly.

Professor Widiss' contribution is titled, "Addressing the Workplace Effects of Intimate Partner Violence."
Transnational Law: Cases and Problems in an Interconnected World

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.
Procedure and Private International Law (edited by Wendy Collins Purdue)

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"
Bulk Collection: Systematic Government Access to Private-Sector Data

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."
Judicial Elections in the 21st Century (edited by Chris W. Bonneau and Melinda Gann Hall)

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.
A Short & Happy Guide to the Rule: The Little Book on Perpetuities

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.
Defining Crimes, 3rd edition

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 Features:
- 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."