Books & Book Chapters by Maurer Faculty

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  "Erotic Services Provider Legal Education and Research Project v. Gascon: Judgment"

  India Thusi

  'Is it possible to be both a judge and a feminist?' Feminist Judgments: Rewritten Criminal Law Opinions answers that question in the affirmative by re-writing seminal opinions that implicate critical dimensions of criminal law jurisprudence, from the sexual assault law to provocation to cultural defences to the death penalty. Right now, one in three Americans has a criminal record, mass incarceration and over-criminalization are the norm, and our jails cycle through about ten million people each year. At the same time, sexual assaults are rarely prosecuted at all, domestic violence remains pervasive, and the distribution of punishment, and by extension justice, seems not only raced and classed, but also gendered. We have had #MeToo campaigns and #SayHerName campaigns, and yet not enough has changed. How might all of justice look different through a feminist lens. This book answers that question.

  • The only book to reimagine seminal U.S. criminal law opinions through a feminist lens
  • Introduces readers to the range of feminist approaches and includes cases involving the intersection of gender, race, class and nationality
  • Brings together prominent criminal law scholars, while also showcasing new voices on criminal law and gender

  Includes the chapter, "Erotic Services Provider Legal Education and Research Project v. Gascon: Judgment" by Maurer Professor I. India Thusi.

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  "Pregnancy and Work: 50 Years of Legal Theory, Litigation, and Legislation"

  Deborah Widiss

  Combining analyses of feminist legal theory, legal doctrine, and feminist social movements, The Oxford Handbook of Feminism and Law in the United States offers a comprehensive overview of U.S. legal feminism. Contributions by leading feminist thinkers trace the impacts of legal feminism on legal claims and defenses and demonstrate how feminism has altered and transformed understandings of basic legal concepts, from sexual harassment and gender equity in sports to new conceptions of consent and motherhood. Its chapters connect legal feminism to adjacent intellectual discourses, such as masculinities theory and queer theory, and scrutinize criticisms and backlash to feminism from all sides of the political spectrum. Its examination of the prominent brands of feminist legal theory shows the links and divergences among feminist scholars, highlighting the continued relevance of established theories (liberal, dominance, and relational feminism) and the increased importance of new intersectional, sex-positive, and postmodern approaches. Unique in its triple focus on theory, doctrine, and social movements, the Handbook recounts the history of activist struggles to pass the Equal Right Amendment, the Anti-Rape and Battered Movements of the 1970s, the contemporary movements for reproductive justice and against campus sexual assault, as well as the #MeToo movement. The emphasis on theory and feminist practice animates discussions of feminist legal pedagogy and feminist influences on judges and judicial decision making. Chapters on emerging areas of law ripe for feminist analysis explore foundational subjects such as contracts, tax, and tort law, and imagine feminist and social justice approaches to digital privacy and intellectual property law, environmental law, and immigration law. The Handbook provides a broad picture of the intellectual landscape and allows both new and established scholars to gain an in-depth understanding of the full range of feminist influence on U.S. law.

  Includes the chapter, "Pregnancy and Work: 50 Years of Legal Theory, Litigation, and Legislation" by Maurer Professor Deborah Widiss.

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  "Capturing Impact: Telling the Story of Your Scholarship Beyond the Citation Count"

  Ashley A. Ahlbrand

  Ashley Ahlbrand's contribution to this volume is "Capturing Impact: Telling the Story of Your Scholarship Beyond the Citation Count."

  When we conduct research, what is our end goal? Who is our audience? Since the mid-20th century, with the development, first, of journal citation indexes, then journal impact factors, then journal citation metrics for individuals, academia has seen increased pressure to publish and be cited in journals within one 's discipline. These citation metrics are used to compare schools and to evaluate scholars for promotion and tenure, for grant consideration, and for bestowing other awards and honors. Discipline-specific journal citations tend to be the easiest to measure, looking to a major scholarship database, such as Web of Science or HeinOnline. Yet as critics of these measures have shown, they are woefully incomplete. To set high stakes on such an inaccurate number and call it "scholarly impact" stands to devalue all the other forms that scholarship can take. This article seeks to address that misvaluation, first by surveying the history and reasoning behind these citation counts; then examining the varied forms and formats scholarship can take; and ending with a discussion of other measures, tools, and strategies for painting a more holistic picture of scholarly impact.

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  Indiana Legal Research

  Ashley A. Ahlbrand and Michelle M. Trumbo

  Navigating and interpreting the many sources of state law when trying to research a legal question can be confusing and overwhelming, but it doesn't have to be. This book provides simple and straightforward descriptions of the various sources of law and strategies for planning and executing your research. Focusing on the laws and legal materials of Indiana, with brief comparisons to federal law, this book will be an asset to law students, attorneys, and the general public.

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  "Foreseeability, Causation, and Guilt"

  Nicholas Almendares

  Professor Almendares' contribution to this volume is chapter 10 "Foreseeability, Causation, and Guilt"

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  The History and Conceptual Elements of Critical Race Theory

  Kevin D. Brown and Darrell D. Jackson

  This handbook illustrates how education scholars employ Critical Race Theory (CRT) as a framework to bring attention to issues of race and racism in education. It is the first authoritative reference work to provide a truly comprehensive description and analysis of the topic, from the defining conceptual principles of CRT in Law that gave shape to its radical underpinnings to the political and social implications of the field today. It is divided into six sections, covering innovations in educational research, policy and practice in both schools and in higher education, and the increasing interdisciplinary nature of critical race research. New chapters broaden the scope of theoretical lenses to include LatCrit, AsianCrit and Critical Race Feminism, as well as coverage of Discrit Studies, Research Methods, and other recent updates to the field. This handbook remains the definitive statement on the state of critical race theory in education and on its possibilities for the future.

  Includes the chapter, co-authored by Maurer Professor Kevin Brown and Darrell D. Jackson, "The History and Conceptual Elements of Critical Race Theory" by Maurer Professor Kevin Brown.

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  What Ice Cube’s Song “Endangered Species” Meant for Four Generations of Black Males

  Kevin D. Brown and Robert Pervine

  Taking inspiration from Public Enemy's lead vocalist Chuck D - who once declared that 'rap is the CNN of young Black America' - this volume brings together leading legal commentators to make sense of some of the most pressing law and policy issues in the context of hip-hop music and the ongoing struggle for Black equality. Written to 'say it plain', this collection will be valuable not only to students and scholars of law, African-American studies, and hip-hop, but also to everyone who cares about creating a more just society.

  Includes Maurer Professor Kevin Brown’s chapter, “What Ice Cube’s "Endangered Species" Meant for Four Generations of Black Males,” co-authored with Robert Pervine.

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  Religion, Law, and the Constitution, 2d

  Daniel O. Conkle

  This tightly reasoned book brings a measure of coherency to this controversial, fast-moving, and seemingly chaotic field of law. It begins by recounting the history of American religious liberty, from its Lockean origins to the First Amendment to the present day. The book goes on to identify a set of embedded and evolving constitutional values, values reflecting both individual rights and broader structural concerns. Drawing upon these values as explanatory tools, the book explores and evaluates the Supreme Court’s contemporary First Amendment doctrine under the Free Exercise and Establishment Clauses, as well as its protection of religious speech under the Free Speech Clause. A separate chapter discusses other important sources of religious freedom, including the Religious Freedom Restoration Act and the Religious Land Use and Institutionalized Persons Act.
  
  Now in its second edition, the book provides comprehensive coverage of all of the major facets of the Supreme Court’s decision-making, including important developments since the first edition was published. It provides selective coverage of lower court decisions as well, and it includes references to leading academic works. In its concluding chapter, the book highlights ongoing developments in the American religious landscape and explains how they might affect the future of religious liberty in the United States.
  
  Offering clear exposition combined with sophisticated analysis, this book will be of value not only to students but also to scholars, lawyers, and judges.

  A volume in the Concepts and Insights series. Predecessors of the book were published in 2003 and 2009 as Constitutional Law: The Religion Clauses.

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  "Should Supreme Court Justices Fear Access to Their Papers? An Empirical Study of the Use of Three Archival Collections"

  Susan deMaine and Benjamin J. Keele

  Susan deMaine's contribution to this volume is "Should Supreme Court Justices Fear Access to Their Papers? An Empirical Study of the Use of Three Archival Collections." Co-authored by Benjamin J. Keele.

  US. Supreme Court justices typically donate their working papers to archives upon their retirement, often with lengthy embargoes. 1 Researchers have debated whether the justices should be required to retain and disclose their papers as government · records, but there has been little study of how the papers are used in scholarly and journalistic discussions of the Court.· This empirical study examines how the papers of Justices William Brennan, Thurgood Marshall, and Harry Blackmun are used via citations in books and academic law journal articles. We find that most citations to the papers support discussions of the justices' views on the law along with deliberations and negotiations when deciding cases, precisely the kinds of uses that show the value of transparency. To address constitutional objections to mandated disclosures, we propose an incentive grant program that benefits the archives receiving justices' collections. This program would encourage justices to donate their papers with relatively short embargoes, ideally fifteen years after retirement from the Court.

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  Coggins & Wilkinson's Federal Public Land and Resources Law

  Robert L. Fischman, John d. Leshy, and Sarah A. Krakoff

  This casebook is the authoritative introduction to public land and resources law. The eighth edition is completely updated, including thorough revisions of all chapters, considerable streamlining, and many new principal cases. The new edition increases emphasis on climate change, renewable energy, social justice (especially as it relates to Native Americans), Alaskan public lands, and other topics of contemporary interest. Professor Fischman’s website https://land.law.indiana.edu/ uses the casebook outline to post new developments and supplemental materials. Readers will find there a rich assortment of supplemental materials such as maps and links to administrative records that can serve as research guides for students preparing papers.

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  "509 U.S. 630 Supreme Court of the United States Ruth O. SHAW, et al., Appellants v. Janet RENO, Attorney General, et al."

  Luis Fuentes-Rohwer and Guy-Uriel E. Charles

  Professor Fuentes-Rohwer's contribution to this volume is chapter 9 "509 U.S. 630 Supreme Court of the United States Ruth O. SHAW, et al., Appellants v. Janet RENO, Attorney General, et al." co-authored by Guy-Uriel Charles.

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  Trademarks and Unfair Competition: Law and Policy, 6th

  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 and 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.

  New to the 6th Edition:

  • Incorporates prominent new decisions, including the Booking.com case on genericness and the Brunetti case on vulgar marks
  • Introduces useful new cases illustrating fundamental principles, such as the METCHUP case
  • Deepens coverage of trade dress (including the POCKY functionality opinion)
  • Probes new developments in online marketing
  • Refines treatment of defenses, including the Rogers rule on expressive use and nominative fair use
  • Summarizes the Trademark Modernization Act of 2020

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  "Exploring Citation Count Methods of Measuring Faculty Scholarly Impact"

  Margaret Kiel-Morse

  Margaret Kiel-Morse's contribution to this volume is "Exploring Citation Count Methods of Measuring Faculty Scholarly Impact."

  After US News & World Report's announcement in 2019 that they will provide a separate ranking of law schools based on faculty scholarly impact, scrutinizing the various methods of assessing scholarly impact has been a hot topic. The various methods include reputation surveys, citation counts, and publication counts. This paper focuses on citation counts. Several methods of conducting citation counts have been circulated since the 1990s, notably Brian Leiter 's studies using Westlaw 's Law Reviews and Journals database; the Leiter study updates conducted by Gregory Sisk, et al., in 2012, 2015, and 2018; Heald and Sichelman 's look at HeinOnline and SSRN in Ranking the Academic Impact of 100 American Law Schools; and Ruhl, Vandenbergh, and Dunaway's 2019 study using Web of Science in Total Scholarly Impact: Law Professor Citations in Non-Law Journals for interdisciplinary scholarly impact. Following the Ruhl study, faculty at Indiana University Maurer School of Law, with its strong record of interdisciplinary scholarship, were curious to learn Maurer 's overall scholarly impact. I reviewed existing studies of law faculty scholarly impact and then conducted a study of the interdisciplinary work of the Maurer Law faculty by duplicating the Ruhl citation count method of examining law faculty publications in non-law journals. The results illustrated that Maurer faculty are making a significant scholarly impact in interdisciplinary publications and that a true overall scholarly impact score for a law school's faculty must include some measure of interdisciplinary work This article reviews a sample of the literature on measuring scholarly impact, describes the citation count method and related issues explored at Maurer, and discusses the benefits and limitations of including interdisciplinary scholarship in evaluating law faculty scholarly impact.

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  "The Evolution of Pro Bono Legal Services in Nigeria"

  Jayanth K. Krishnan and Kunle Ajagbe

  Professor Krishnan's contribution to this volume is chapter 14 "The Evolution of Pro Bono Legal Services in Nigeria," co-authored by Kunle Ajagbe.

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  The Right to Privacy and Data Protection in Times of Armed Conflict

  Asaf Lubin and Russell Buchan

  Contemporary warfare yields a profound impact on the rights to privacy and data protection. Technological advances in the fields of electronic surveillance, predictive algorithms, big data analytics, user-generated evidence, artificial intelligence, cloud storage, facial recognition, and cryptography are redefining the scope, nature, and contours of military operations. Yet, international humanitarian law offers very few, if any, lex specialis rules for the lawful processing, analysis, dissemination, and retention of personal information. This edited anthology offers a pioneering account of the current and potential future application of digital rights in armed conflict.

  In Part I Mary Ellen O’Connell, Tal Mimran and Yuval Shany, Laurie Blank and Eric Talbot Jensen, Jacqueline Van De Velde, Omar Yousef Shehabi and Emily Crawford explore how various IHL regimes, ranging from the rules regarding the protection of property to these regulating the treatment of POWs, protect the rights to digital privacy and data protection.

  Part II, which contains contributions by Leah West, Eliza Watt and Tara Davenport, and concentrates on the extent to which specific technological tools and solutions, such as facial recognition, drone surveillance and underwater cables.

  Part III of this collection examines the obligations of militaries and humanitarian organizations when it comes to the protection of digital rights. Tim Cochrane focuses on military data subject access rights, Deborah Housen-Couriel explores data protection in multinational military operations, and Asaf Lubin expounds the role of ICRC as a data controller in the context of humanitarian action.

  In Part IV Kristina Hellwig, Yaël Ronen and Amir Cahane focus on digital rights in the post bellum phase. This part takes a closer look at the role of the right to privacy in the investigation and prosecution of international crimes, the ‘right to be forgotten’ in cases concerning information about international crimes and the protection of the digital identities of individuals caught up in humanitarian disasters.

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  "Risk Mitigation Strategies for Physicians"

  Jody L. Madeira and Jerry A. Lindheim

  This well-illustrated, user-friendly text offers a succinct overview of complex surgical sparing management of reproductive pelvic disorders, designed for the reproductive endocrinology and infertility specialist and general gynecologist. World-renowned experts in these areas have contributed detailed chapters that will bolster the surgical knowledge of challenging clinical reproductive infertility scenarios requiring laparoscopic and hysteroscopic skills to enhance fertility outcomes. Providing an understanding of when minimally invasive reproductive surgery is indicated, this book presents clinical pearls to help manage specific pathologies and strategies for managing and minimizing the risks of complications in operative laparoscopy and hysteroscopy. It does so by reviewing pelvic and retroperitoneal anatomy and how it applies to myomectomy, extensive endometriosis, ovarian-tubal surgery, septum, C/S scar isthmocele, Mullerian uterine and vaginal anomalies, and managing complications including bladder and bowel injury. Additionally, selected chapters include accompanying video segments for real-world demonstration of techniques. Reproductive endocrine infertility specialists, as well as clinicians of obstetrics and gynecology interested in reproductive endocrinology and infertility, will find Reproductive Surgery a valuable and focused resource. Includes the chapter, "Risk Mitigation Strategies for Physicians" by Maurer Professor Jody Madeira and Jerry Lindheim.