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  Routledge Handbook of the Study of the Commons

  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.

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  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.

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  Who is to Judge?: Charles Gardner Geyh

  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

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  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."

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  Indiana Civil Legal Needs Study and Legal Aid System Scan

  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.

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  Learning Law through Experience and by Design

  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

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  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."

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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.

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  Taxation: Law, Planning, and Policy 3rd edition

  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.

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  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.

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  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

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  Trademarks and Unfair Competition: Law and Policy, 5th edition

  Mark D. Janis and Graeme B. Dinwoodie

  The many strands of trademark and unfair competition doctrine are organized into a coherent conceptual framework consisting of a brief examination of foundational concepts, followed by thorough treatments of the law on (1) the creation of trademark rights; and (2) the scope & enforcement of trademark rights and some related causes of action. The traditional case-and-note format is enhanced by problems that help students understand intricate key topics. Trademarks and Unfair Competition features many issues related to online commerce, such as cybersquatting, keyword advertising, the relationship between trademarks and domain names, and the potential secondary liability of online auction websites such as eBay. International as well as domestic issues are thoroughly explored. Comprehensive coverage of trade dress protection is integrated with issues of word mark protection.

  New to the 5th Edition:

  • the Tam and Brunetti decisions striking down the scandalousness and disparagement bars to registration
  • extensive coverage of recent case developments on expressive uses of marks in political and artistic contexts
  • the Belmora decision on well-known marks and developments on extraterritorial application of the Lanham Act.

  Key Features:

  • coherent conceptual framework clearly delineating creation of rights and enforcement of rights issues
  • traditional case-and-note format, enhanced by problems
  • thorough coverage of trademark issues arising in online commerce
  • integrated coverage of international and domestic doctrine
  • thorough treatment of trade dress protection, integrated with issues of word mark protection

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  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.

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  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.

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  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.

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  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.