Books & Book Chapters by Maurer Faculty

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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.

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  "U.S. v. Chestman, 947 F.2d 551 (2d Cir., 1991): Commentary"

  Donna M. Nagy

  Corporate law has traditionally assumed that men organize business, men profit from it, and men bring cases in front of male judges when disputes arise. It overlooks or forgets that women are dealmakers, shareholders, stakeholders, and businesspeople too. This lack of inclusivity in corporate law has profound effects on all of society, not only on women's lives and livelihoods. This volume takes up the challenge to imagine how corporate law might look if we valued not only women and other marginalized groups, but also a feminist perspective emphasizing the importance of power dynamics, equity, community, and diversity in corporate law. Prominent lawyers and legal scholars rewrite foundational corporate law cases, and also provide accompanying commentary that situates each opinion in context, explains the feminist theories applied, and explores the impact the rewritten opinion might have had on the development of corporate law, business, and society.

  • Retells corporate law from a feminist perspective
  • Broadens the reach of feminist discourse to corporate law
  • Urges executive leaders and businesspeople toward more equitable decision-making

  Includes the chapter, "U.S. v. Chestman, 947 F.2d 551 (2d Cir., 1991): Commentary" by Maurer Professor Donna Nagy.

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  "Insider Trading Law in the United States and Australia: Fiduciary Breaches, Market Abuses, and the Harshness of Penalties"

  Donna M. Nagy and Juliette Overland

  The topic of investor protection has occupied investors, businesses, regulators, academics, and courts since the 1930s. The topic exploded in importance after the 2008 financial crisis and the Bernard Madoff Ponzi scheme of the same year. Investor protection scholarship now seeks to respond to developments such as the institutionalization of the markets, the democratization of finance, and the enhanced role of market professionals and other gatekeepers. Additionally, although the philosophy of full disclosure remains the guiding principle behind the securities laws, recent research has questioned the merits of a disclosure-based regime. In light of these trends, regulators try to strike the right balance between imposing a strict investor protection regime, on the one hand, and giving businesses the freedom to innovate new projects, market new services, and reduce costs, on the other. The Cambridge Handbook of Investor Protection brings together leading scholars to inform this debate and fill a gap left by these developments.

  • Offers perspectives from 21 leading scholars of securities and financial services law
  • Addresses both theoretical and practical issues in investor protection regulation
  • Brings readers up to date with debates over investor protection and market regulation over the past several decades

  Includes the chapter, "Insider Trading Law in the United States and Australia: Fiduciary Breaches, Market Abuses, and the Harshness of Penalties" by Maurer Professor Donna M. Nagy and Juliette Overland.

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  Evidence Law: A Student's Guide to the Law of Evidence as Applied in American Trials. 5th ed.

  Aviva Orenstein, Roger C. Park, and Dale A. Nance

  In clear and engaging prose that makes concepts accessible without oversimplification, this Treatise explains the Federal Rules, selected state variations, major cases, essential doctrines, and important underlying policies. Frequent practical examples drawn from courtroom practice introduce students to courtroom procedure, provide a context in which evidence problems arise, and acquaint them with the language of the courtroom. This volume can serve as background for beginning students and as a one-stop refresher for those taking advanced courses. Professors can assign various sections to track the syllabus or simply recommend this book as useful background reading.

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  "Doorways of Discretion: Psychological Science and the Legal Construction and Erasure of Racism"

  Victor D. Quintanilla

  Shines a light on the ways in which civil procedure may privilege—or silence—voices in our justice system

  In today’s increasingly hostile political and cultural climate, law schools throughout the country are urgently seeking effective tools to address embedded inequality in the United States legal system. A Guide to Civil Procedure aims to serve as one such tool by centering questions of systemic injustice in the teaching, learning, and practice of civil procedure.

  Featuring an outstanding group of diverse scholars, the contributors illustrate how law school curriculums often ignore issues such as race, gender, disability, class, immigration status, and sexual orientation. Too often, students view the #MeToo movement, Black Lives Matter, immigration/citizenship controversy, or LGBTQ+ issues as mere footnotes to their legal education, often leading to the marginalization of many students and the production of graduates that do not view issues of systemic injustice as central to their profession.

  A Guide to Civil Procedure reveals how procedure is, and always has been, a central pressure point in the struggle to eradicate structural inequality and oppression through the courts. This book will give students and scholars alike a more complex view of their roles as attorneys, sharpen their litigation skills, and provide a stronger sense of community and purpose in the law school classroom.

  Includes the chapter "Doorways of Discretion: Psychological Science and the Legal Construction and Erasure of Racism" by Maurer Professor Victor D. Quintanilla.

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  Race and Civil Procedure

  Victor D. Quintanilla

  Quintanilla's chapter discusses how race, racism, and structural inequalities are central to understanding the day-to-day operation of the Federal Rules of Civil Procedure (FRCP), and are yet obscured from most first-year Civil Procedure courses.

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  Indiana Trial Evidence Manual

  J. Alexander Tanford

  Indiana Trial Evidence Manual is an easy-to-use manual that assists you at any stage of civil or criminal trial research. It fully covers the Indiana Evidence Rules, as well as the latest cases and statutes. It has sample forms to aid the user to phrase objections properly, and support objections with easily-accessible case law and rules of evidence. This single volume contains everything that one might need at trial but is small enough to fit in a briefcase and concise enough that a trial lawyer can find relevant sections quickly.

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  The Pretrial Process. 3d.

  J. Alexander Tanford and Layne S. Keele

  Now updated to reflect the most recent amendments to the Federal Rules and developments in case law, The Pretrial Process addresses issues associated with basic civil litigation tasks such as drafting pleadings, interviewing and counseling clients, developing facts, preparing interrogatories, taking depositions, and filing motions. The Pretrial Process covers all stages of pretrial litigation comprehensively, pragmatically, and succinctly without being over-simplified.

  This book is designed to be useful both to clinical students working on their first cases and to classroom students expecting an intellectually satisfying law school experience. The third edition also includes expanded discussions of virtual conferences, depositions, and hearings. Adopters will have access to a teacher's manual, simulation case files, and other teaching resources.

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  Policing Bodies: Law, Sex Work, and Desire in Johannesburg

  India Thusi

  Sex work occupies a legally gray space in Johannesburg, South Africa, and police attitudes towards it are inconsistent and largely unregulated. As I. India Thusi argues in Policing Bodies, this results in both room for negotiation that can benefit sex workers and also extreme precarity in which the security police officers provide can be offered and taken away at a moment's notice. Sex work straddles the line between formal and informal. Attitudes about beauty and subjective value are manifest in formal tasks, including police activities, which are often conducted in a seemingly ad hoc manner. However, high-level organizational directives intended to regulate police obligations and duties toward sex workers also influence police action and tilt the exercise of discretion to the formal. In this liminal space, this book considers how sex work is policed and how it should be policed. Challenging discourses about sexuality and gender that inform its regulation, Thusi exposes the limitations of dominant feminist arguments regarding the legal treatment of sex work. This in-depth, historically informed ethnography illustrates the tension between enforcing a country's laws and protecting citizens' human rights.

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  La liberté d’expression aux États-Unis et en France

  Elisabeth Zoller

  A chapter from the Ministry's report, RÉPUBLIQUE ÉCOLE LAÏCITÉ

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  Les grands juges de la Cour suprême des États-Unis

  Elisabeth Zoller

  No judicial institution plays a role in the life of a people comparable to that of the Supreme Court in the United States. Already in 1835, Tocqueville pointed out: “In the hands of the seven federal judges rest unceasingly the peace, the prosperity, the very existence of the Union”. History has confirmed his analyzes many times. In the 21st century , its power is still just as great, but, with the deepening of democracy, the Court struggles to be recognized as fully legitimate, even in the United States.

  In 2021, President Joe Biden appointed a commission of about 50 members to consider ways to make it more responsive to the hopes of the sovereign people. Their analyzes not yet known to date will be added to those of the many reports already published by the Congress on the subject. The United States never ceases to question the extraordinary influence that the Court exercises over American society. Who would have originally thought that the institution would acquire such power?

  Certainly not those who had designed it because, originally, the Court had only limited powers. The federal judicial power at the top of which it was placed was considered indispensable only because the Union had to have its own judicial power, not being able to be judged by that of its members and because it was intended to govern only "a small number and defined" matters.

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  Introduction au droit public (3rd edition)

  Elisabeth Zoller, Gilles J. Guglielmi, Aurelie Duffy-Meunier, and Idris Fassassi

  Public law can be defined as the law of public affairs (res publica) according to a method that is both historical and comparative: historical because history is an obligatory point of passage for any effort to theorize legal questions; Comparative because in the globalized world that is ours, and at a time when the French Republic is resolutely committed to the construction of Europe, it is no longer possible to train jurists who have no other benchmarks and other horizons than those of their national legal systems.

  The book traces the successive ages of public law: first, the monarchical age that goes from the Renaissance to the American and French revolutions of the late eighteenth century and which sees the birth of the founding concepts of public law; secondly, the republican age in which there is no longer a sovereign, but free and equal men in law to whom it is now up to define and manage public affairs together, and therefore to organize power in modern society.

  For each period and in each major legal system (codified rights and common law rights), the birth and evolution of the great fundamental notions of public law are studied: sovereignty, the State, the law, the separation of powers, the protection of individual rights against power, the great conceptions of the general interest, and administrative justice.

  Text of book in French.

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  Working with Non-law School Patrons

  Ashley A. Ahlbrand

  Ashley Ahlbrand's contribution to the open access textbook, Introduction to Law Librarianship, is chapter 17, "Working with Non-law School Patrons."

  Working in an academic law library, the primary patrons are the law school’s faculty and students. However, these may not be the exclusive patronage of the law library. Particularly in the case of a public law school library, the law librarian is likely to serve patrons outside of the law school as well. These patrons come from a diversity of backgrounds, with a range of legal research needs. Working with non-law school patrons can present a number of challenges but also many opportunities for the law library. This chapter will discuss these challenges, offer possible solutions, and highlight unique opportunities when working with non-law school patrons.