Books & Book Chapters by Maurer Faculty

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  The Problem of Shared Irresponsibility in International Climate Law

  Daniel H. Cole

  Professor Cole's contribution, chapter 10, is titled "The Problem of Shared Irresponsibility in International Climate Law."

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  Using Digital Badges to Enhance Research Instruction in Academic Libraries

  Susan David deMaine

  Professor DeMaine's contribution is Chapter 5: "Using Digital Badges to Enhance Research Instruction in Academic Libraries."

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  Reducing Racial and Ethnic Disparities In Jails: Recommendations for Local Practice

  Jessica M. Eaglin and Danyelle Solomon

  People of color are overrepresented in our criminal justice system. One in three African American men born today will be incarcerated in his lifetime. In some cities, African Americans are ten times more likely to be arrested when stopped by police. With the national debate national focused on race, crime, and punishment, criminal justice experts are examining how to reduce racial disparities in our prisons and jails, which often serve as initial entry points for those who become entangled in the criminal justice system.

  This report, which relies on input from 25 criminal justice leaders, pinpoints the drivers of racial disparities in our jails lays out common sense reforms to reduce this disparity, including increasing public defense representation for misdemeanor offenses, encouraging prosecutors to prioritize serious and violent offenses, limiting the use of pretrial detention, and requiring training to reduce racial bias for all those involved in running our justice system.

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  Cyberspace and Human Rights

  David P. Fidler

  Professor Fidler's contribution, chapter 5, is titled "Cyberspace and Human Rights."

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  Snowden Reader

  David P. Fidler and Fred H. Cate

  Edited by Maurer Law Professor David P. Fidler, with a forward by Sumit Ganguly of the Indiana University Department of Political Science. Professor Fidler also wrote the chapter, "U.S. Foreign Policy and the Snowden Leaks."

  Professor Fred H. Cate, Maurer School of Law, authored the chapter titled "Edward Snowden and the NSA: Law Policy, and Politics."

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  Transnational Business Problems, 5th edition

  Detlev F. Vagts, Harold Koh, Willam S. Dodge, and Hannah L. Buxbaum

  The Fifth Edition of Transnational Business Problems combines the best aspects of a conceptual, systemic approach and a problems approach. It provides a sophisticated intellectual framework for understanding the most significant contractual and regulatory issues in international business. At fewer than 700 pages, this compact book is ideal for a one-semester course.

  - One volume. Transnational Business Problems presents the important practical and policy aspects of international transactions in one reasonably-sized volume.

  - Deals with Systemic Issues First. Transnational Business Problems considers systemic issues first. Five introductory chapters discuss the structure of the international system, the different players in international business―corporations, lawyers, international institutions―and issues that reach across all kinds of transactions such as dispute resolution and tax.

  - Problems Approach. The introductory chapters are followed by eight problems, each focused on a different kind of transaction: transnational sales, agency and distributorship agreements, licensing, foreign direct investment, mergers and acquisitions, joint ventures, development agreements, and international debt instruments. Each problem covers both contractual and regulatory issues. Nearly all begin with a sample contract.

  - Sophistication. The book uses primary source materials―draft contracts, statutes, regulations, treaties, cases, and arbitral awards―that allow students, with help from the text, to work through issues in a realistic way. It goes beyond the nuts and bolts of transactions to encourage consideration of broader policy issues: from the liability of corporations for human rights violations to restrictions on foreign investment; from the compulsory licensing of HIV drugs to the restructuring of sovereign debt.

  - Geographical Diversity. Transnational Business Problems reflects the geographical diversity of business today. The problems focus on China, the European Union, South America, Mexico, and the Middle East. Materials from other parts of the world are included in the introductory chapters.

  - Intellectual Heritage. Transnational Business Problems grows out of a rich intellectual heritage that began with Milton Katz and Kingman Brewster’s International Transactions and evolved into Henry Steiner and Detlev Vagts’s Transnational Legal Problems. This book views transnational business problems as a particular species of transnational legal problem that both generates and is influenced by transnational legal process.

  - Fully Updated. The Fifth Edition of Transnational Business Problems is fully updated to account for developments through the start of 2014. Every year between editions the authors provide an update in memo form that teachers can distribute as a supplement to their classes.

  - Useful Teacher’s Manual. Transnational Business Problems has a complete teacher’s manual that provides suggestions on how to approach the material and answers to all of the questions posed in the text. The manual also contains sample syllabi.

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  Administrative Law and Process, 3rd edition

  Alfred C. Aman

  As with the previous editions, this is a comprehensive administrative law casebook. It has been updated with the latest cases pertaining to the core areas of administrative law that are likely to be taught in various courses today, including:

  1. Due Process (Chapter 2) and Judicial Review (Chapter 8), especially recent developments involving Chevron v. NRDC, its application to tax rulings (Mayo Foundation); agency interpretations of their own regulations (Auer deference); agency interpretations of their own procedural obligations (Dominion Energy); agency interpretations of the extent of their own jurisdictional powers (City of Arlington); and the stare decisis effects of previous agency and judicial interpretations (Brand X and its progeny).

  2. Executive Power (Chapter 7), including the various appointment issues at stake in the Free Enterprise case, the constitutionality of double removal for cause provisions, the limits of the unitary executive theory; the use of executive czars and the impact of OMB and OIRA reviews on substance and procedure.

  3. The intersection of international issues and administrative law, including the delegation of federal power to international bodies (Chapter 6) and the application of new rules involving climate change issues (Chapter 5) in an arguably retroactive manner.

  4. Outsourcing, privatization of prisons, welfare administration and the delegation of public power to private entities (Chapter 6).

  5. Recent Supreme Court ruling involving Exemption 2 to the FOIA (Chapter 10).

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  Administrative Law, 3rd edition

  Alfred C. Aman and William T. Mayton

  This treatise sets forth a comprehensive analysis of administrative law in the United States. Administrative law continues to evolve in interesting ways in all of its various dimensions. The authors address the new developments in the law of standing, congressional attempts to make agencies more accountable, and the continuing evolution of Chevron deference, among other issues. The fundamental purposes of this book are to assess and explain fundamental doctrines of administrative law, placing some of the most important aspects of those doctrines in a historical context, and setting forth the current state of the law. The book is intended to serve practitioners, scholars and students of administrative law.

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  Because of Our Success: The Changing Racial and Ethnic Ancestry of Blacks on Affirmative Action

  Kevin D. Brown

  When selective colleges, universities, and graduate programs instituted affirmative action policies in the 1960s, 99.4 percent of Americans were either black or white. Not only were interracial marriages between blacks and whites illegal in over twenty states, but very few blacks were involved in interracial sexual relationships. A person’s race was determined by the application of the one-drop rule. Thus, mixed-race blacks were not allowed to self-identify their race. Rather, they were socially ascribed as black and, therefore, the concept of Black Multiracials did not exist. Also, less than one percent of blacks were foreign-born.

  As a result, one of the core assumptions upon which affirmative action was based was that the predominant ancestries of the beneficiaries would be children of two American-born black parents (“Ascendant Blacks”). However, Black Multiracials and foreign-born blacks and their children (“Black Immigrants”) now constitute a growing majority of the black students at many selective higher education programs. Further, the percentages of Black Multiracials and Black Immigrants among those blacks approaching college age are rapidly increasing. Thus, in an ironic twist of fate, America is ethnically cleansing from the campuses of its selective higher education institutions Ascendant Blacks. Not only were they the primary group that affirmative action policies were intended to benefit, but their ascendency out of slavery and segregation made possible the increases in mixed-race sexual relationships, Black Multiracials, foreign-born blacks, and Black Immigrants. This book discusses this ethnic cleansing of Ascendant Blacks and its implications for American society, and suggests possible ways to address the problem.

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  Learning from Lin: Lessons and Cautions from the Natural Commons for the Knowledge Commons

  Daniel H. Cole

  Professor Cole's contribution, chapter 2, is titled "Learning from Lin: Lessons and Cautions from the Natural Commons for the Knowledge Commons."

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  Elinor Ostrom and the Bloomington School of Political Economy, Volumes 1 through 4

  Daniel H. Cole and Michael D. McGinnis

  Elinor (Lin) Ostrom was awarded the 2009 Nobel Memorial Prize in Economic Sciences for her pathbreaking research on "economic governance, especially the commons"; but she also made important contributions to several other fields of political economy and public policy. The range of topics she covered and the multiple methods she used might convey the mistaken impression that her body of work is disjointed and incoherent.

  This four-volume compendium of papers written by Lin, alone or with various coauthors (most notably including her husband and partner, Vincent), supplemented by others expanding on their work, brings together the common strands of research that serve to tie her impressive oeuvre together. That oeuvre, together with Vincent's own impressive body of work, has come to define a distinctive school of political-economic thought, the "Bloomington School."

  Each of the four volumes is organized around a central theme of Lin's work. Volume 1 explores the roles played by the concept polycentricity in the disciplines of public administration, political science, and other forms of political economy. Polycentricity denotes a complex system of governance in which public authorities, citizens, and private organizations work together to establish and enforce the rules that guide their behavior. It encapsulates an approach toward policy analysis that blurs standard disciplinary boundaries between the social sciences.

  Throughout their long and remarkably productive careers, Elinor and Vincent Ostrom never tired of reminding us of the capacity of ordinary humans to transcend their own limitations by engaging with others in the myriad forms of collective action required to build and sustain a self-governing society. Their careers stand as exemplars of the proper relationship between rigorous scholarship and responsible citizenship.

  In addition to being one of the coeditors of the four volume set Professor Cole is the coauthor of chapter 5 "The Variety of Property Systems and Rights in Natural Resources" in volume 2 along with Elinor Ostrom, author of chapter 5 "Advantages of a Polycentric Approach to Climate Change Policy" in volume 4, author of chapter 8 "Learning from Lin: Lessons and Cautions from the Natural Commons for the Knowledge Commons" in volume 4, and coauthor of chapter 12 "Digging Deeper into Hardin's Pasture: The Complex Institutional Structure of 'The Tragedy of the Commons'" in volume 4 along with Graham Epstein and Michael D. McGinnis.

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  The Relative Bargaining Power of Employers and Unions in the Global Information Age: A Comparative Analysis of the United States and Japan

  Kenneth G. Dau-Schmidt

  Professor Dau-Schmidt's contribution, co-authored with B. C. Ellis, is titled "The Relative Bargaining Power of Employers and Unions in the Global Information Age: A Comparative Analysis of the United States and Japan."

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  Labor Law in the Contemporary Workplace, 2nd edition

  Kenneth G. Dau-Schmidt, Martin H. Malin, Roberto L. Corrada, Christopher David Ruiz Cameron, and Catherine Laura Fisk

  Labor Law in the Contemporary Workplace is organized around contemporary problems as a means of teaching the core principles of labor law. It prepares students for the practice of labor law in the contemporary workplace by introducing them to the principles of American labor law and many of the issues that labor law attorneys face. Although the primary focus of the book is the National Labor Relations Act, considerable attention is given to the Railway Labor Act and public-sector labor laws because of their growing relative importance in contemporary practice. The second edition takes account of changes in the law since the first edition was published and in particular new interpretations of the National Labor Relations Act by the National Labor Relations Board and recent state restrictions on public sector collective bargaining.

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  "Clean Up the Abuses": Building a Rule-of-Law Culture for Major League Baseball’s Operations in Latin America

  David P. Fidler

  Professor Fidler's contribution (with Arturo Macano), chapter 9, is titled “‘Clean Up the Abuses’: Building a Rule-of-Law Culture for Major League Baseball’s Operations in Latin America.”

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  Cyberattacks and International Human Rights Law

  David P. Fidler

  Professor Fidler's contribution, chapter 10, is titled "Cyberattacks and International Human Rights Law."

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  Nuclear, Chemical and Biological Terrorism in International Law

  David P. Fidler

  Professor Fidler's contribution, chapter 7, is titled "Nuclear, Chemical and Biological Terrorism in International Law".