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
Leading authorities present the latest cutting edge research on state judicial elections. Starting with recent transformations in the electoral landscape, including those brought about by U.S. Supreme Court rulings, this volume provides penetrating analyses of partisan, nonpartisan, and retention elections to state supreme courts, intermediate appellate courts, and trial courts. Topics include citizen participation, electoral competition, fundraising and spending, judicial performance evaluations, reform efforts,attack campaigns, and other organized efforts to oust judges. This volume also evaluates the impact of judicial elections on numerous aspects of American politics, including citizens’ perceptions of judicial legitimacy, diversity on the bench, and the consequences of who wins on subsequent court decisions. Many of the chapters offer predictions about how judicial elections might look in the future. Overall, this collection provides a sharp evidence-based portrait of how modern judicial elections actually work in practice and their consequences for state judiciaries and the American people.
Professor Geyh's contribution, chapter 2, is titled "The Changing Legal Landscape of Judicial Elections." It is co-written with Katherine Thrapp.
Donald H. Gjerdingen
Most students view the Rule against Perpetuities as the most difficult rule in law school. Moreover, the Rule is still covered on MBE for Property and MEE for Wills and Trusts and yet few student-centered resources exist. The Little Book on Perpetuities fills this gap. An ideal subject for self-study, this guide covers all key parts of the Rule, including problems for self-testing. It presents the Rule in its historical context but in a fun, engaging, and accessible way that is simple and clear for students to use. It can be used for Property classes, as well as Wills & Trusts and can supplement a casebook or be used as a separate, self-continued unit. Coverage includes: the common-law Rule and all the famous classics traps; modern statutory reforms, including the new generations-based rule by the Restatement Third of Property; recent efforts by some states to abolish the Rule; and the history and policies of the Rule.
Joseph L. Hoffmann and William J. Stuntz
Defining Crimes, by the distinguished author team of William J. Stuntz (late of Harvard) and Joseph L. Hoffmann (Indiana), breaks from the tradition of Model Penal Code-centric casebooks and focuses instead on the rich intellectual and theoretical issues that arise from how crimes actually get defined and applied today by state and federal legislatures, trial and appellate courts, police, prosecutors, defense lawyers, and juries. The innovative approach of Defining Crimes enables the in-depth study of the problems and issues that affect the day-to-day contemporary practice of criminal law.
- New coverage of the controversial issue of police use of deadly force, which—together with the existing section on “stand your ground” laws—facilitates class discussion of the “Black Lives Matter” movement and the shootings of Trayvon Martin, Michael Brown, and Eric Garner, among others.
- New chapter on Gun Crimes, including the Supreme Court’s 2016 decision upholding the criminalization of gun ownership for those convicted of domestic violence crimes.
- Updated chapter on Federal Criminal Law, including the Court’s 2016 Elonis decision.
- Updated coverage of criminal cases involving the over-prescription of opoid painkillers and other kinds of prescription medications.
- Updated materials on Rape, incorporating coverage of “yes means yes” laws and policies.
- New and comprehensive student assessment questions, written by the casebook authors, that will be posted to the companion website.
Research Handbook on Intellectual Property and the Life Sciences (edited by Duncan Matthews and Herbert Zech)
Mark D. Janis
Intellectual property (IP) is a key component of the life sciences, one of the most dynamic and innovative fields of technology today. At the same time, the relationship between IP and the life sciences raises new public policy dilemmas. The Research Handbook on Intellectual Property and the Life Sciences comprises contributions by leading experts from academia and industry to provide in-depth analyses of key topics including pharmaceuticals, diagnostics and genes, plant innovations, stem cells, the role of competition law and access to medicines. The Research Handbook focuses on the relationship between IP and the life sciences in Europe and the United States, complemented by country-specific case studies on Australia, Brazil, China, India, Japan, Kenya, South Africa and Thailand to provide a truly international perspective.
Professor Janis' contribution, chapter 9, is titled, "Non-Obvious Plants."
Mark D. Janis
This text provides a comprehensive treatment of the law of trademark, unfair competition, false advertising, and the right of publicity.
The Indian Legal Profession in the Age of Globalization: The Rise of the Corporate Legal Sector and its Impact on Lawyers and Society (edited by David B. Wilkins, Vikramaditya S. Khanna, and David M. Trubek)
Jayanth K. Krishnan
This book provides the first comprehensive analysis of the impact of globalization on the Indian legal profession. Employing a range of original data from twenty empirical studies, the book details the emergence of a new corporate legal sector in India including large and sophisticated law firms and in-house legal departments, as well as legal process outsourcing companies. As the book's authors document, this new corporate legal sector is reshaping other parts of the Indian legal profession, including legal education, the development of pro bono and corporate social responsibility, the regulation of legal services, and gender, communal, and professional hierarchies with the bar. Taken as a whole, the book will be of interest to academics, lawyers, and policymakers interested in the critical role that a rapidly globalizing legal profession is playing in the legal, political, and economic development of important emerging economies like India, and how these countries are integrating into the institutions of global governance and the overall global market for legal services.
- Examines how the impact of globalization on the legal profession is mediated by local forces and structures
- Provides an empirically grounded analysis of the impact of globalization on the legal profession in a major emerging market
- Appeals to readers interested in how change occurs in the legal profession and legal system of a large diverse democracy
Professor Krishnan's contribution is chapter 6, titled: "Being Your Own Boss: The Career Trajectories and Motivations of India's Newest Corporate Lawyers." It is co-written with Patrick W. Thomas.
Jody L. Madeira
In Taking Baby Steps, Jody Lyneé Madeira takes readers inside the infertility experience, from dealing with infertility-related emotions to forming treatment relationships with medical professionals and confronting difficult medical decisions. Based on hundreds of interviews, this book investigates how women, men, and medical professionals negotiate infertility’s rocky terrain to create life and build families—a journey across personal, medical, legal, and ethical minefields that can test mental and physical health, friendships and marriages, spirituality, and financial security.
Governing Medical Knowledge Commons (edited by Katherine J. Strandburg, Betty M. Frischmann, and Michael J. Madison)
Governing Medical Knowledge Commons makes three claims: first, evidence matters to innovation policymaking; second, evidence shows that self-governing knowledge commons support effective innovation without prioritizing traditional intellectual property rights; and third, knowledge commons can succeed in the critical fields of medicine and health. The editors' knowledge commons framework adapts Elinor Ostrom's groundbreaking research on natural resource commons to the distinctive attributes of knowledge and information, providing a systematic means for accumulating evidence about how knowledge commons succeed. The editors' previous volume, Governing Knowledge Commons, demonstrated the framework's power through case studies in a diverse range of areas. Governing Medical Knowledge Commons provides fifteen new case studies of knowledge commons in which researchers, medical professionals, and patients generate, improve, and share innovations, offering readers a practical introduction to the knowledge commons framework and a synthesis of conclusions and lessons.
Professor Mattioli's contribution is chapter 7, "Cancer: From a Kingdom to a Commons." (see file above)
Donna M. Nagy, Richard Painter, and Margaret V. Sachs
This casebook focuses on federal securities litigation and enforcement, an area of law that encompasses private litigation, Securities & Exchange Commission (SEC) enforcement, criminal enforcement by the Department of Justice (DOJ), and securities arbitration. The fourth edition incorporates developments since 2011. These include the Jumpstart Our Business Startups (JOBS) Act of 2012 as well as numerous major Supreme Court decisions that appear as principal cases – Salman v. United States; Omnicare, Inc. v. Laborers District Council Construction Industry Pension Fund; Halliburton Co. v. Erica P. John Fund, Inc. (Halliburton II); Chadbourne & Parke LLP v. Troice, and Amgen, Inc. v. Conn. Ret. Plans & Trust Funds.
Natural Resources and Sustainable Development: International Economic Law Perspectives (edited by C. Tan and J. Faundez)
Examining the law, regulation and governance of natural resources, this timely work addresses the conflicts and contradictions arising at the intersection between international economic law, sustainable development and other areas of international law, most notably human rights law and environmental law. Bringing together a collection of legal and policy expertise from a range of academic and practitioner perspectives, this book will appeal to scholars of law, political science, international relations, political economy and development studies.
The centrality of natural resources to global economic growth has placed the debate over their ownership and control at the forefront of legal, territorial and political disputes. Combining both legal and policy expertise with academic and practitioner perspectives this book considers the dimensions of natural resource governance at a time when disputes over their use grow more acute.
Focusing on the law, regulation and governance of natural resources, this timely work examines in detail the conflicts and contradictions arising at the intersection between international economic law, sustainable development and other areas of international law, most notably human rights law and environmental law. Exploring the views of different stakeholder groups in the natural resources sectors, key chapters consider whether their differing interests and concerns are adequately addressed under national and international law.
This book will appeal to scholars of law, political science and development studies. It will also benefit policy practitioners and advocacy specialists in development NGOs, research institutes and international organisations.
Professor Ochoa's contribution is titled, "Generating Conflict: Gold, Water, and Vulnerable Communities in the Colombian Highlands."
William D. Popkin
In Federalist No. 78, Alexander Hamilton tells us that judges have “merely” judgment but does not explain what judgment means. This book provides that explanation. It compares judgment across a range of activities—consumer choices, religion, sports officiating, art and food criticism, and law—with the goal of better understanding legal judgment. After exploring these various modes of comparison, the book concludes that law judging is fundamentally discretionary and uncertain. It then falls to the legal profession to explain to the public, without undermining respect for law, why this is so. In this way, not unlike our perception of the uncertainties that confront sports officials or that pervade scientific research, the public will come to appreciate the struggles that law judges encounter when making judgments.
William D. Popkin
This coursebook emphasizes a particular perspective on statutory interpretation—pragmatic judging, which means that the judge is influenced by substantive background considerations. This perspective is also sensitive to the historical framework that shapes modern statutory interpretation, to the institutional setting in which interpretation occurs, and to the reality that statutes can be a source of law (even when there is no common law power). The book concludes with an exploration of the rules governing the lawmaking process, especially those found in state constitutions.
Ryan W. Scott, Arthur D. Hellman, David R. Stras, and F. Andrew Hessick
This fourth edition, like its predecessors, builds on the traditional model of the Federal Courts course but also emphasizes giving students the grounding they need to be effective litigators. The book provides a coherently organized and accessible approach to issues of federalism, separation of powers, and institutional competency, and it includes all the classic Federal Courts cases. Carefully designed problems require students to apply statutory and doctrinal materials to particular situations that a client may face. Streamlining of some topics and selective cuts have substantially reduced the size of the new edition
David C. Williams
Myanmar's Constitution of 2008 was the 'road map' for the reform process that began in 2011. Despite extensive criticism of this Constitution for its emphasis on the role of the military, much progress has been made towards constitutional government and law reform. With the election of the opposition NLD to government in the general election of November 2015 and the presidential electoral college election of March 2016,now is the time to consider the Constitution, and prospects and needs for constitutional change as Myanmar moves towards democracy and the rule of law.
Much has been made of the Constitution's rigidity, which is seen as an obstacle to reform and inconsistent with embracing the rule of law, human rights and multi-party democracy, especially with a rapidly transforming state and society. Nonetheless, the Constitution is also seen as having potential to be a very positive force for reform.
Many issues arise now for constitutionalism and constitutional change: presidency; federalism and territorial governance; the status of minorities and freedom of religion; civil liberties in what is described as a 'discipline-flourishing democracy'; the courts, justice and the rule of law; the electoral system; and many more. This book is an attempt to gauge the extent and potential for the entrenchment of constitutionalism in Myanmar in a rapidly changing environment.
Professor Williams' contribution, chapter 3, is titled "A Second Panglong Agreement: Burmese Federalism for the Twenty-first Century."
Regional Autonomy, Cultural Diversity and Differentiated Territorial Government: The Case of Tibet - Chinese and Comparative Perspectives (edited by Roberto Toniatti and Jens Woelk)
David C. Williams
Regional Autonomy, Cultural Diversity and Differentiated Territorial Government assesses the current state of the international theory and practice of autonomy in order to pursue the possibility of regional self-government in Tibet. Initiated by a workshop and roundtable with political representatives from different autonomous regions, including His Holiness the 14th Dalai Lama, this book brings together a group of distinguished international scholars to offer a much-needed enquiry into solutions to the Tibetan quest for ‘genuine’ autonomy. Examining the Chinese framework of regional self-government, along with key international cases of autonomy in Europe, North America and Asia, the contributors to this volume offer a comprehensive context for the consideration of both Tibetan demands and Chinese worries. Their insights will be invaluable to academics, practitioners, diplomats, civil servants, government representatives, international organisations and NGOs interested in the theory and practice of autonomy, as well as those concerned with the future of Tibet.
Professor Williams' contribution to this volume is chapter 11, "Sometimes Guns Are the Answer: The Path to Autonomy in Tibet, Burma, and South Sudan."
Susan H. Williams
The idea that constitutions are gendered is not new, but its recognition is the product of a revolution in thinking that began in the last decades of the twentieth century. As a field, it is attracting scholarly attention and influencing practice around the world. This timely handbook features contributions from leading pioneers and younger scholars, applying a gendered lens to constitution-making and design, constitutional practice and citizenship, and constitutional challenges to gender equality rights and values.
Offering a cutting-edge perspective on the constitutional text and record of multiple jurisdictions, from long-established to newly emerging democracies, Constitutions and Gender portrays a profound shift in our understanding of what constitutions stand for and what they do. Its central insight is that democratic constitutions must serve the needs and aspirations of all the people, and constitutional legitimacy requires opportunities for participation in both the fashioning and functioning of a country’s constitution.
This challenging assessment is of relevance to scholars and practitioners of law and politics, and gender and feminism, as well as practitioners and advisors involved in constitution-making.
Professor Williams' contribution is chapter 15, "Religion, Custom, and Legal Pluralism."