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.
Charles G. Geyh
Judicial Disqualification: An Analysis of Federal Law outlines the statutory framework of federal judicial disqualification law under statutes 28 U.S.C. §§ 455, 144, 47, and 2106. The monograph revises and expands on the previous editions, and analyzes the case law, with a focus both on substantive disqualification standards and procedural requirements.
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
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.
- 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
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.
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.
10th International Conference on Cyber Conflict CyCon X: Maximising Effects, edited by T. Minárik, R. Jakschis, and L. Lindström
CyCon X is the tenth iteration of the annual International Conference on Cyber Conflict, organised by the NATO Cooperative Cyber Defence Centre of Excellence and taking place in Tallinn from 29 May to 1 June 2018. Over the years, CyCon has become a world-recognised conference addressing cyber conflict and security from the perspectives of technology, strategy, operations, law, and policy. We are always glad to see our friends in Tallinn again – a number of them have been involved with CyCon since its origins a decade ago – and we also welcome newcomers, who can discover the cyber debates and ‘white night’ walks in Tallinn’s Old Town. We are proud to offer them all the opportunity to meet and learn something new from each other. If CyCon has been able to contribute to interdisciplinary understanding of cyber conflict and security throughout the years, then it has achieved its main goal.
CyCon X’s core topic is ‘Maximising Effects’. Since the very beginning, cyberspace has provided unparalleled opportunities to achieve effects in new and novel ways. Today, cyberspace provides a technological platform and an environment for diverse actors, with both good and bad motivations, to influence everyone and everything. Maximising effects in the cyber realm is important for business, media, governments and military, and even private users. However, how will this be achieved and what will the consequences be? How will AI, machine learning and big data help to maximise effects in cyberspace? How will international law develop in light of the serious effects of state-sponsored operations that may or may not be hard to attribute? The effects generated through cyberspace, including new instabilities and vulnerabilities, will require new policies, legal frameworks and technological solutions to maximise security.
In response to the Call for Papers in June 2017, almost 200 abstracts were submitted in October. After a careful selection and peer review by the Academic Review Committee, this book contains 22 articles whose authors were invited to present at the conference.
Professor Lubkin's contribution is "Cyber Law and Espionage Law as Communicating Vessels," pp. 203-225.
Existing legal literature would have us assume that espionage operations and “below-the-threshold” cyber operations are doctrinally distinct. Whereas one is subject to the scant, amorphous, and under-developed legal framework of espionage law, the other is subject to an emerging, ever-evolving body of legal rules, known cumulatively as cyber law. This dichotomy, however, is erroneous and misleading. In practice, espionage and cyber law function as communicating vessels, and so are better conceived as two elements of a complex system, Information Warfare (IW). This paper therefore first draws attention to the similarities between the practices – the fact that the actors, technologies, and targets are interchangeable, as are the knee-jerk legal reactions of the international community. In light of the convergence between peacetime Low-Intensity Cyber Operations (LICOs) and peacetime Espionage Operations (EOs) the two should be subjected to a single regulatory framework, one which recognizes the role intelligence plays in our public world order and which adopts a contextual and consequential method of inquiry. The paper proceeds in the following order: Part 2 provides a descriptive account of the unique symbiotic relationship between espionage and cyber law, and further explains the reasons for this dynamic. Part 3 places the discussion surrounding this relationship within the broader discourse on IW, making the claim that the convergence between EOs and LICOs, as described in Part 2, could further be explained by an even larger convergence across all the various elements of the informational environment. Parts 2 and 3 then serve as the backdrop for Part 4, which details the attempt of the drafters of the Tallinn Dr. Asaf Lubin Post-Doctoral Cyber Research Fellow Fletcher School of Law and Diplomacy Tufts University Medford, MA, United States 2018 10th International Conference on Cyber Conflict CyCon X: Maximising Effects T. Minárik, R. Jakschis, L. Lindström (Eds.) 2018 © NATO CCD COE Publications, Tallinn Permission to make digital or hard copies of this publication for internal use within NATO and for personal or educational use when for non-profit or non-commercial purposes is granted providing that copies bear this notice and a full citation on the first page. Any other reproduction or transmission requires prior written permission by NATO CCD COE. 204 1. INTRODUCTION Here is a story in two parts. In Part I, the Defense Minister for the Republic of Scamdinavia is honey-trapped by an attractive showgirl. During the course of their secret affair, the showgirl introduces the Minister to a senior naval attaché from the Embassy of Cyberia. The Minister, who quickly befriends the attaché, invites the latter to visit his home. Upon arrival, the attaché creates a diversion and seizes the opportunity to enter the Minister’s private office, placing a pen-shaped recording device on his desk and photographing top-secret documents pertaining to the Department’s security contracts and research spending. As a result, a number of topsecret Department of Defense projects are jeopardized, and the Minister is forced to resign.1 The second part begins with a series of phishing emails, sent to a number of major corporations across Scamdinavia, by a private hacking group with support and direction from Cyberia’s central intelligence agency. The emails contain a trojan downloader. Within an eight-month period, roughly 50,000 computers are infected by the malicious code. Exploiting zero-day vulnerabilities in Microsoft XML Core Services, the malware begins modifying Windows registries, poisoning local DNS caches, disabling antivirus programs, and sequencing certain information harvesting and hard disk wiping processes. As a result of the attack, a number of financial institutions in Scamdinavia are unable to provide services and take weeks to fully restore functionality, causing significant economic losses. To make matters worse, the 1 This hypothetical is loosely based on one of the biggest spy scandals and political controversies of the Cold War era, the 1961 Profumo Affair. At the centre of the public blunder stood John Profumo, then Secretary of State for War, who was discovered to have had a sexual affair with model and showgirl Christine Keeler. Keeler was also romantically involved with Evgenii Ivanov, a senior naval attaché at the Soviet Embassy and an officer of the Soviets’ Main Intelligence Directorate. At Keeler’s invitation, Profumo and Ivanov met and soon became friends. Relying on his intimate access to Profumo’s home and office, Ivanov was able to photograph highly classified documents pertaining to allied contingency plans for the Cold War defense of Berlin, as well top-secret specifications of US spy planes and nuclear weapons. Secretary Profumo initially denied the allegations of impropriety raised against him, but he eventually was forced to resign from his post, a fact that played a role in hastening the end of Harold Macmillan’s term as Prime Minister. For further reading see JONATHAN HASLAM, NEAR AND DISTANT NEIGHBORS: A NEW HISTORY OF SOVIET INTELLIGENCE, 207-209 (2015); Leon Watson, I Did Betray My Country: Fifty Years After Profumo’s Resignation, Christine Keeler Confesses She Passed Secrets to Russians, DAILY MAIL (9 June 2013), available at http://goo.gl/kPyXQT. Manual 2.0 to compartmentalize espionage law and cyber law, and the deficits of their approach. The paper concludes by proposing an alternative holistic understanding of espionage law, grounded in general principles of law, which is more practically transferable to the cyber realm.
Volume 2 contains 18 chapters in three of the five parts of the two volumes: Part 3, “The Normative Framework of Preliminary Examinations”; Part 4, “Transparency, Co-operation and Participation in Preliminary Examination”; and Part 5, “Thematicity in Preliminary Examination”. The two volumes make up one coherent whole and have been bifurcated for convenience given the high overall number of pages.
Professor Lubin's contribution to volume 2 is titled, "Politics, Power Dynamics, and the Limits of Existing Self-Regulation and Oversight in ICC Preliminary Examinations," pp. 77-150.
Should the normative framework that governs the International Criminal Court’s (‘ICC’) oversight concerning preliminary examinations undergo a reform? The following chapter answers this question in the affirmative, making the claim that both self-regulation by the Office of the Prosecutor (‘OTP’) and quality control by the Pre-Trial Chamber (‘PTC’) currently suffer from significant deficiencies, thus failing to reach the optimum point on the scale between absolute prosecutorial discretion and absolute control. The chapter demonstrates some of these inadequacies using the example of the preliminary examination concerning the situation in Palestine. The chapter first maps out the legal structures and mechanisms that regulate the preliminary examination stage. The chapter then explores a number of key areas in which the OTP has considerable independence, and concerning which sufficient quality control is critical to ensuring the legitimacy of the preliminary examination process, and of the Court itself. This review includes an analysis of the Court’s potential for politicization, the problems faced by the OTP when attempting to articulate generalized prioritization policies and exit strategies, the regulation of evidentiary standards at the preliminary examination stage, and the role of transparency in the preliminary examination process. The chapter concludes with four suggestions for potential reform of the existing control mechanisms over prosecutorial discretion in preliminary examinations: (1) re-phasing of the preliminary examination phase and the introduction of a Ganttbased review process and a sliding scale of transparency requirements; (2) redefinition of the relationship between the OTP and PTC at the preliminary examination stage; (3) redrafting the existing OTP policy papers on Preliminary Examinations and Interests of Justice, as well as adopting a new policy paper on Evidence, Evidentiary Standards, and Source Analysis; and (4) introducing a ‘Committee of Prosecutors’ as a new external control mechanism
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.
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.
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."
On the occasion of the retirement of Elisabeth Zoller, tribute must be paid to her talent. Author of remarkable books and articles, she has notably taught international law and comparative constitutional law in the law faculties of Nantes, Angers, Strasbourg, Paris 2 and the United States (Universities of Cornell, Rutgers, Tulane and Indiana-Bloomington).
She also acted as counsel and advocate for the United States Federal Government before the International Court of Justice (notably in the 1971 Interpretation and Application of the 1971 Montreal Convention Case arising from the Lockerbie Air Incident).
From Public International Law (Good Faith in Public International Law, Law of Foreign Relations) to US Law (From Nixon to Clinton, Transatlantic Legal Issues, Great Judgments of the United States Supreme Court, US Law, History presidential government in the United States to name a few), not to mention her textbook on Constitutional Law and that of Introduction to Public Law, her books are unavoidable and have marked generations of students and teacher-researchers .
Whether in her books or numerous articles and chronic, institutional creations(The American Law Center has become the Center of Comparative Public Law at Paris II University - Panthéon-Assas), comparative analysis has never left Elisabeth Zoller, who studies other systems first and foremost to get to know her better.
As has been the case since the teaching of public international law (more exactly, from its course in The Hague in 2002 on the "international aspects of constitutional law"), a very particular problem at a time when The focus was on the state: the right must be thought from the individual. Her colleagues, doctoral students, French and foreign friends offer her this book to show her admiration, respect, gratitude and affection.
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.
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"
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."