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.
The Cambridge Handbook of U.S. Labor Law for the Twenty-First Century (edited by Richard Bales and Charlotte Garden)
Kenneth G. Dau-Schmidt
Over the last fifty years in the United States, unions have been in deep decline, while income and wealth inequality have grown. In this timely work, editors Richard Bales and Charlotte Garden - with a roster of thirty-five leading labor scholars - analyze these trends and show how they are linked. Designed to appeal to those being introduced to the field as well as experts seeking new insights, this book demonstrates how federal labor law is failing today's workers and disempowering unions; how union jobs pay better than nonunion jobs and help to increase the wages of even nonunion workers; and how, when union jobs vanish, the wage premium also vanishes. At the same time, the book offers a range of solutions, from the radical, such as a complete overhaul of federal labor law, to the incremental, including reforms that could be undertaken by federal agencies on their own.
- Advances an ambitious agenda for labor law reform that will appeal to anyone concerned with the decline of American unions or the increase in income inequality
- Approaches the challenges of labor law reform from many perspectives, and with an eye towards different policy levers, allowing the reader to judge which paths are most appropriate
- Frames specific problems contributing to unions' declines and then proposes different types of reforms to address those problems
Professor Dau Schmidt's contribution is titled, "The Problem of 'Misclassification' or How to Define who is an 'Employee' Under Pertective Legislation in the Information Age."
Timothy W. Waters
A timely and provocative challenge to the foundations of our global order: why should national borders be unchangeable?
The inviolability of national borders is an unquestioned pillar of the post–World War II international order. Fixed borders are believed to encourage stability, promote pluralism, and discourage nationalism and intolerance. But do they? What if fixed borders create more problems than they solve, and what if permitting borders to change would create more stability and produce more just societies? Legal scholar Timothy Waters examines this possibility, showing how we arrived at a system of rigidly bordered states and how the real danger to peace is not the desire of people to form new states but the capacity of existing states to resist that desire, even with violence. He proposes a practical, democratically legitimate alternative: a right of secession. With crises ongoing in the United Kingdom, Spain, Ukraine, Iraq, Syria, Sudan, and many other regions, this reassessment of the foundations of our international order is more relevant than ever.
Private International Law Contemporary Challenges and Continuing Relevance (edited by Franco Ferrari and Diego P. Fernández Arroyo)
Hannah L. Buxbaum
Is Private International Law (PIL) still fit to serve its function in today’s global environment? In light of some calls for radical changes to its very foundations, this timely book investigates the ability of PIL to handle contemporary and international problems, and inspires genuine debate on the future of the field.
Separated into nine parts, each containing two perspectives on a different issue or challenge, this unique book considers issues such as the certainty vs flexibility of laws, the notion of universal values, the scope of party autonomy, the emerging challenges of extraterritoriality and global governance issues in the context of PIL. Further topics include current developments in forum access, the recognition and enforcement of judgments, foreign law in domestic courts and PIL in international arbitration.
This comprehensive work will be of great value to scholars and students working across all areas of PIL. It will also be an important touchstone for practitioners seeking to think creatively about their cases involving conflict of laws and PIL.
Professor Buxbaum contributed Chapter 9, "Extraterritoriality in the Public and Private Enforcement of U.S. Regulatory Law."
Daniel H. Cole, Blake Hudson, and Jonathan Rosenbloom
The "commons" has come to mean many things to many people, and the term is often used inconsistently. The study of the commons has expanded dramatically since Garrett Hardin’s The Tragedy of the Commons (1968) popularized the dilemma faced by users of common pool resources.
This comprehensive Handbook serves as a unique synthesis and resource for understanding how analytical frameworks developed within the literature assist in understanding the nature and management of commons resources. Such frameworks include those related to Institutional Analysis and Development, Social-Ecological Systems, and Polycentricity, among others. The book aggregates and analyses these frameworks to lay a foundation for exploring how they apply according to scholars across a wide range of disciplines. It includes an exploration of the unique problems arising in different disciplines of commons study, including natural resources (forests, oceans, water, energy, ecosystems, etc), economics, law, governance, the humanities, and intellectual property. It shows how the analytical frameworks discussed early in the book facilitate interdisciplinarity within commons scholarship. This interdisciplinary approach within the context of analytical frameworks helps facilitate a more complete understanding of the similarities and differences faced by commons resource users and managers, the usefulness of the commons lens as an analytical tool for studying resource management problems, and the best mechanisms by which to formulate policies aimed at addressing such problems.
Legal Pathways to Deep Decarbonization in the United States, edited by Michael B. Gerrard and John C. Dernbach
Robert L. Fischman
Legal Pathways to Deep Decarbonization in the United States provides a “legal playbook” for deep decarbonization in the United States, identifying well over 1,000 legal options for enabling the United States to address one of the greatest problems facing this country and the rest of humanity.
The book is based on two reports by the Deep Decarbonization Pathways Project (DDPP) that explain technical and policy pathways for reducing U.S. greenhouse gas emissions by at least 80% from 1990 levels by 2050. This 80 x 50 target and similarly aggressive carbon abatement goals are often referred to as deep decarbonization, distinguished because it requires systemic changes to the energy economy.
Legal Pathways explains the DDPP reports and then addresses in detail 35 different topics in as many chapters. These 35 chapters cover energy efficiency, conservation, and fuel switching; electricity decarbonization; fuel decarbonization; carbon capture and negative emissions; non-carbon dioxide climate pollutants; and a variety of cross-cutting issues. The legal options involve federal, state, and local law, as well as private governance. Authors were asked to include all options, even if they do not now seem politically realistic or likely, giving Legal Pathways not just immediate value, but also value over time.
While both the scale and complexity of deep decarbonization are enormous, this book has a simple message: deep decarbonization is achievable in the United States using laws that exist or could be enacted. These legal tools can be used with significant economic, social, environmental, and national security benefits.
Professor Fischman's contribution is Chapter 31, Forestry, co-authored with Federico Cheever and Robert B. McKinstry, Jr.
Charles G. Geyh
An elected judiciary is virtually unique to the American experience and creates a paradox in a representative democracy. Elected judges take an oath to uphold the law impartially, which calls upon them to swear off the influence of the very constituencies they must cultivate in order to attain and retain judicial office. This paradox has given rise to perennially shrill and unproductive binary arguments over the merits and demerits of elected and appointed judiciaries, which this project seeks to transcend and reimagine. In Who Is to Judge?, judicial politics expert Charles Gardner Geyh exposes and explains the overstatements of both sides in the judicial selection debate. When those exaggerations are understood as such, it becomes possible to search for common ground and its limits. Ultimately, this search leads Geyh to conclude that, while appointive systems are a preferable default, no one system of selection is best for all jurisdictions at all times.
- Engages the popular debate on judge selection but argues that both sides are wrong, in pursuit of a moderated position between the poles
- Brings history, political science, psychological science, and law to bear in an interdisciplinary analysis of the issues
- Presents these ideas in a smart yet informal writing style that will be accessible for students and general readers
Cloud 3.0: Drafting and Negotiating Cloud Computing Agreements, edited by Lisa R. Lifshitz and John A. Rothchild
Sarah Jane Hughes
Who needs a book on contracting with cloud computing vendors? Aren’t all cloud contracts basically commoditized, comprised of “boilerplate” language? And surely no vendor would agree to make any changes to its standard form cloud agreements? If you or your clients are considering moving to the cloud, this guide will provide you with practical guidance and best practices to help you understand, evaluate, negotiate, and draft cloud computing agreements.
The one-sided, standard boilerplate agreements for cloud computing are slowly evolving to meet regulatory and legal environments, and not all cloud agreements are created equal or adequately meet customers’ increasingly demanding legal and regulatory requirements. Cloud 3.0: Drafting and Negotiating Effective Cloud Computing Agreements provides practical guidance and best practices to help you understand cloud agreements.
While it is accessible to non-experts, even seasoned technology law veterans will benefit from the authoritative guidance of the authors, who are experts in their fields. The book provides a valuable roadmap to drafting and negotiating effective cloud computing agreements, taking into account the technological, business, and legal considerations of an organization’s use of cloud computing technologies.
Cloud 3.0 provides practical information and approaches that will help you create useful cloud computing agreements that meet your clients’ business and legal requirements, including:
- how to evaluate vendors and recognize agreements that heavily favor the vendor
- detailed analysis of service levels in cloud agreements, enabling you to negotiate for guarantees that will serve your clients’ needs
- warranties, indemnities, and limitations of liability in cloud contracts
- best practices for cloud privacy and maintaining security
- practical tips for effective cloud negotiations to better arm you to create “win-win” cloud agreements
- alternative dispute resolution, litigation strategies, and bankruptcy considered in the context of cloud agreements
- mitigating risk through cyberliability insurance
- negotiating the exit from a cloud contract and ensuring successful transition, whether to another provider or an in-house solution
Professor Hughes' contribution is Chapter 14, "Above, Beyond, and Around the ABA’s 2012 Model Rules of Professional Conduct: Growing On- and Off-shore and Low-tech Challenges for U.S. Lawyers and Law Firms Using Cloud Computing."
Marshall A. Leaffer
The seventh edition of Understanding Copyright is a major revision of this classic student treatise. In addition to including the latest case law developments, this edition incorporates the Music Modernization Act of 2018. The seventh edition covers all aspects of the MMA, a dazzling legislative overhaul of the musical copyright, which, among its other provisions, creates a new blanket license for digital deliveries and provides protection to pre-1972 sound recordings.
Research Handbook on the Economics of Intellectual Property Law, v.2: Analytical Methods (edited by Peter Seth Mennell)
Both law and economics and intellectual property law have expanded dramatically in tandem over recent decades. This field-defining two-volume Handbook, featuring the leading legal, empirical, and law and economics scholars studying intellectual property rights, provides wide-ranging and in-depth analysis both of the economic theory underpinning intellectual property law, and the use of analytical methods to study it.
Volume 2 explores analytical methods used to study intellectual property law. The chapters survey data sources, the use of patent citation data, patent valuation, empirical studies of intellectual property modalities (patent, copyright, trademark, and trade secrets) and institutions, the impacts of technological change on technology and content industries, the use of experimental methods, economic history research, political economy, and knowledge commons research.
Victor D. Quintanilla and Rachel Thelin
In 2017, the Indiana Coalition for Court Access entered into a partnership with Indiana University to conduct a statewide legal needs study. The IU Center for Law, Society & Culture and the IU Public Policy Institute submit this final report to the CCA. We designed this comprehensive study of legal needs to provide a relevant, reliable source of information with which the CCA, policymakers, and legal aid providers can make strategic decisions about where, when, and how to allocate resources for the effective, efficient delivery of civil legal services. We also designed this project to generate data and information that these organizations can use in their efforts to increase the visibility of legal aid, develop support for legal aid work, and encourage resource development.
Broadly, this civil legal needs study includes three goals: 1. Assessing the unmet legal needs of Indiana’s low-income population. 2. Examining the current system of legal aid delivery to determine underserved communities’ access to legal aid services. 3. Reviewing legal services programs to determine ways to improve resource allocation among and collaboration within Indiana’s system of civil legal aid. We designed this comprehensive study of legal needs to provide a relevant, reliable source of information with which the CCA, policymakers, and legal aid providers can make strategic decisions about where, when, and how to allocate resources for the effective, efficient delivery of civil legal services. We also designed this project to generate data and information that these organizations can use in their efforts to increase the visibility of legal aid, develop support for legal aid work, and encourage resource development.
Carwina Weng, Danielle R. Cover, Margaret Reuter, and Chris W. Roberts
This workbook enables faculty to design experiential courses for law students, using the process commonly known as backward design. The workbook walks the user step-by-step from goal to course outcomes to teaching activities, and it provides user-friendly worksheets to guide the design. The authors also provide the design maps for their own courses, with process notes, to illustrate the Experiential Learning Design process in action. The workbook helps faculty to situate their courses within a broader law school or experiential curriculum and to connect their courses as appropriate with their schools’ and the ABA’s JD program outcomes.
Whether your focus is social justice lawyering, skills, ethics, and/or substantive knowledge, this book will guide you in designing a course that turns your teaching goals into learning outcomes. This book provides a model for creating an effective, intentionally designed instructional path for your experiential learning course, including helping you to identify the intellectual home for your course, learning goals, final assessment, evaluation rubric, and learning outcomes. Learning Law through Experience and by Design covers the following topics in detail:
- Chapter 1: Your Experiential Course and the ABA Standards
- Chapter 2: Using the Experiential Learning Design Process
- Chapter 3: The Big Picture: What Is the Point of Your Course?
- Chapter 4: The Course Goal: What Do You Want Your Students to Learn?
- Chapter 5: The Final Assessment: How Do You Know That Your Students Learned? (Includes Appendix 5-A, Mapping Evidence of Student Mastery)
- Chapter 6: Rubrics: How Do You Gauge the Level of a Student’s Proficiency? (Includes Appendix 6-A, Facets of Understanding: Progressive Levels of Performance)
- Chapter 7: Course Outcomes and Learning Activities: What Will Happen in Your Classroom? (Includes Appendix 7-A, Samples of Experiential Learning Activities, and Appendix 7-B, Sample of Course Syllabus)
- Chapter 8: Course Exemplars
- Chapter 9: Worksheet Templates"
"I found the process extremely accessible and understandable. As I was reading, I couldn’t help but apply the components to my own courses. I found the tables with the example categories and measurable criteria throughout VERY helpful in making the process approachable. So often I find myself frustrated by the effort to choose appropriate language and your process cuts through that barrier by not only supplying a vocabulary but providing a theoretical foundation for different choices. At a broader level, I found the process steps and connections between them clear and understandable. I also appreciated the repeated reminders to revisit earlier decisions if a disconnect emerges as one works through the process. Finally, the examples provided from different courses, including the model completed worksheets, were helpful in concretizing the theoretical discussion. They made it easier to imagine how I might apply the process to my own course. And, a final final point, the writing was clear and a pleasure to read throughout."—Lisa V. Martin, Assistant Professor, University of South Carolina School of Law
Women as Constitution-Makers: Case Studies from the New Democratic Era, edited by Ruth Rubio-Marín and Helen Irving
Susan H. Williams
That a constitution should express the will of 'the people' is a long-standing principle, but the identity of 'the people' has historically been narrow. Women, in particular, were not included. A shift, however, has recently occurred. Women's participation in constitution-making is now recognised as a democratic right. Women's demands to have their voices heard in both the processes of constitution-making and the text of their country's constitution, are gaining recognition. Campaigning for inclusion in their country's constitution-making, women have adopted innovative strategies to express their constitutional aspirations. This collection offers, for the first time, comprehensive case studies of women's campaigns for constitutional equality in nine different countries that have undergone constitutional transformations in the 'participatory era'. Against a richly-contextualised historical and political background, each charts the actions and strategies of women participants, both formal and informal, and records their successes, failures and continuing hopes for constitutional equality.
Professor Williams wrote Chapter 8, "Dialogic Democracy, Feminist Theory and Women’s Participation in Constitution-Making."
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.
David Gamage and Michael A. Livingston
The new third edition of Taxation: Law, Planning, and Policy, Third-Edition, has been updated to reflect current law and has been condensed and streamlined to offer a smoother overall teaching experience. The new edition retains the book's focus on introducing students to tax planning dynamics as well as tax law and policy.
The book places a strong emphasis on planning and policy, not as an adjunct to the more common legal materials, but as part of an integrated pedagogic approach. Each case or group of cases is followed by three different sets of problems—Using the Sources, Law and Planning, and Politics and Policy—which are designed to develop the student's law, planning, and policy analysis skills on a systematic basis. Excerpts from leading law review articles are included in each chapter so that students can understand for themselves the basic issues in tax policy and legislation.
The book emphasizes current concerns in tax law and policy and issues and problems that are likely to confront the next generation of tax practitioners and policy-makers. Thus, substantial space is devoted to the new breed of tax shelters; the tax treatment of gay and unmarried couples; and the relationship of taxes to health, retirement, and environmental policy, without sacrificing the "classic" cases that are the backbone of any tax book.
A complete set of teaching materials—including lecture notes, slides, and other supplementary materials and handouts—are available in the teacher's manual.
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.
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