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.
The 4th International Symposium of the CDPC on "Constitutional Migration of Yesterday and Today" is part of its program of research on the values of public law.
In the interstate circulation of legal institutions or principles of freedom, some transfers succeed when others fail. In terms of success, the transfiguration of Germany in the 1930s into an exemplary state of law that today serves as a model for states emerging from dictatorships is a true miracle. In terms of failures, Russia's difficulties in becoming a liberal state, China's refusal to accept pluralism, Islam's resistance to insisting on the principle of separation between religion and the state bear witness to the complex issues that pose the phenomena of legal acculturation. To these questions, the comparative study of public rights must give answers.
Contributions gathered here that cover countries as diverse in ancient worlds as China, India, the Maghreb countries, Turkey or Russia, and in the new worlds, Latin America and South Africa, it appears that these answers cannot be univocal. It is necessary to mobilize several knowledges to succeed to make love freedom in societies more and more globalized.
Delivering Energy Law and Policy in the EU and the US: A Reader (edited by Raphael J. Heffron, Gavin F. M. Little)
Daniel H. Cole
A compendium of 120 chapters giving you new ideas for implementing energy law and policy.
- Analyses energy and environmental law and policy in terms of delivery
- Brings together interdisciplinary perspectives from international contributors on achieving policy aims in energy law and policy
- Sets out a new research agenda for a debate on policy delivery among academics, policy-makers and industry
From evaluating policy delivery on wind farms in Texas in the US, to developing nuclear power in the Middle East, this book presents fresh thinking on key concepts and ideas on energy law and policy delivery. Experts in energy from across the European Union and the United States contribute short chapters each on how best to achieve energy policy objectives. The contributors write from a range of perspectives, including the sciences, law, politics, economics and engineering.
Professor Cole's contribution to this collection is chapter 11, "A Brief History of United States Energy Policy."
Daniel H. Cole
Research Handbook on Emissions Trading examines the origins, implementation challenges and international dimensions of emissions trading. It pursues an interdisciplinary approach drawing on law, economics and at times, political science, to present relevant research strands regarding emissions trading. Intermixing theoretical insights with experiences from existing trading systems, this Handbook offers insights that can be applied around the world. It identifies key bodies of research for both upcoming and seasoned people in the field and highlights future research opportunities.
Professor Cole's contribution, chapter 2, is titled "Origins of Emissions Trading in Theory and Early Practice."
Daniel O. Conkle
This creative and tightly reasoned book brings a measure of coherency to this controversial 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. Drawing upon that history, it identifies a set of embedded and evolving constitutional values: religious voluntarism, respect for religious identity, religious equality, and freedom of religious speech, as well as broader structural values such as preserving tradition, protecting government from religion, and protecting religion from government. The book returns to these values time and again as it 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 (RFRA) and the Religious Land Use and Institutionalized Persons Act (RLUIPA).
The book provides comprehensive and up-to-date coverage of all of the major facets of the Supreme Court’s decisionmaking, including the Court’s general doctrinal tests as well as its rulings and reasoning in particular areas, for example, concerning prayer and religious instruction in the public schools, religious symbolism in other settings, legislative prayer, financial aid to religious schools and organizations, and claims for religious exemptions under RFRA and RLUIPA. It provides selective coverage of lower court decisions as well, for instance, under the land use provisions of RLUIPA. It also 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 creative and sophisticated analysis, this book will be of value not only to students but also to scholars, lawyers, and judges.
Earlier editions published as, Constitutional Law The Religion Clause in 2003 and 2009.
Kenneth G. Dau-Schmidt, Matt Finkin, and Robert Covington
This book is intended for courses on the individual rights of workers in the employment relationship, independent of courses on the law governing collective bargaining or employment discrimination. It can be used for one three credit survey course on employment law, or for two related courses on employment law and employee benefits, each of two credits. The book covers the full range of employment law subjects from the nature of the employment relationship, the definition of "employee", pre-employment screening, individual employment contracts, the employment at-will doctrine, exceptions to the employment at–will doctrine, obligations of employees, monitoring and control of employees, the regulation of pay and hours of work (FLSA), state and federal regulation of workers compensation, unemployment compensation, the regulation of occupational safety and health (OSHA), state and federal regulation of unemployment compensation, and the regulation of employee benefits (ERISA).
The book has been substantially updated from the last issue to facilitate teaching and to include such topics as: a separate chapter on the definition of "employee", the Genetic Information Non-discrimination Act (GINA), employee privacy issues in the new information technology, the new restatement of employment law, and the Affordable Care Act (ACA). Where appropriate, the book presents interdisciplinary discussions of employment law problems from historical, sociological and economic perspectives. Efforts were also made to include relevant empirical evidence on important employment law questions. A recurring theme in the book, especially in the introductory chapter and the chapters on individual employment contracts and privacy, is the historical tension in the United States between legal ideologies of “free labor,” i.e., of the law as supporting a notion of labor that is "free" to contract for any employer imposed restraints or of the law as supporting a notion of labor that is "free" even from some unreasonable employer demands, with an eye towards equality and fairness. Another recurring theme in the book is when and how is it desirable to intervene in the labor market to address market failures to promote greater income equality, workplace health and safety, unemployment insurance, healthcare insurance and retirement income security.
One of the most dynamic fields in the legal academy now has its own Stories book. This title offers a rich and detailed account of the most significant cases in election law, including the landmark decisions of Reynolds v. Sims, Bush v. Gore, Citizens United v. Federal Election Commission, and Shelby County v. Holder. The book relies on a unique encapsulated approach to storytelling, as each of its authors surveys an important doctrinal area in the field through the telling of his or her story. The volume’s thirteen cases concern the right to vote, redistricting and gerrymandering, campaign finance, and election administration. The book is suited for courses in the law of democracy at both the graduate and undergraduate levels.
Professor Fuentes-Rohwer's contribution, co-written with Guy-Uriel E. Charles, is titled "Reynolds Revisited."
Charles G. Geyh
The rule of law paradigm has long operated on the premise that independent judges disregard extralegal influences and impartially uphold the law. A political transformation several generations in the making, however, has imperiled this premise. Social science learning, the lessons of which have been widely internalized by court critics and the general public, has shown that judicial decision-making is subject to ideological and other extralegal influences. In recent decades, challenges to the assumptions underlying the rule of law paradigm have proliferated across a growing array of venues, as critics agitate for greater political control of judges and courts. With the future of the rule of law paradigm in jeopardy, this book proposes a new way of looking at how the role of the American judiciary should be conceptualized and regulated. This new, "legal culture paradigm" defends the need for an independent judiciary that is acculturated to take law seriously but is subject to political and other extralegal influences. The book argues that these extralegal influences cannot be eliminated but can be managed, by balancing the needs for judicial independence and accountability across competing perspectives, to the end of enabling judges to follow the "law" (less rigidly conceived), respect established legal process, and administer justice.
William D. Henderson
Are Americans making under $50,000 a year compelled to navigate the legal system on their own, or do they simply give up because they cannot afford lawyers? We know anecdotally that Americans of median or lower income generally do without legal representation or resort to a sector of the legal profession that - because of the sheer volume of claims, inadequate training, and other causes - provides deficient representation and advice. This book poses the question: can we - at the current level of resources, both public and private - better address the legal needs of all Americans? Leading judges, researchers, and activists discuss the role of technology, pro bono services, bar association resources, affordable solo and small firm fees, public service internships, and law student and nonlawyer representation.
- Offers a systematic analysis of the lack of legal representation for middle- and low-income Americans
- Literature review provides essential context for students, researchers, and practitioners
- Describes current reforms and outlines a realistic agenda for access to justice challenges
Professor Henderson's contribution, chapter 12, is titled "The Market for Recent Law Graduates."
Joseph L. Hoffmann, Ronald Jay Allen, William J. Stutz, Debra A. Livingston, Andrew Leipold, and Tracey L. Meares
Comprehensive Criminal Procedure is a casebook for all introductory courses in criminal procedure law (including both investigation and adjudication courses, as well as comprehensive and survey courses). The casebook focuses primarily on constitutional criminal procedure law, but also covers relevant statutes and court rules. The casebook is deliberately challenging—it is designed for teachers who want to explore deeply not only the contemporary state of the law, but also its historical and theoretical foundations. The casebook incorporates a particular emphasis on empirical knowledge about the real-world impacts of law-in-action; the significance of race and class; the close relationship between criminal procedure law and substantive criminal law; the cold reality that hard choices sometimes must be made in a world of limited criminal justice resources; and, finally, the recognition that criminal procedure law always should strive to achieve both fairness to the accused and justice for society as a whole.
Sarah Jane Hughes and Stephen T. Middlebrook
The steady growth of internet commerce over the past twenty years has given rise to a host of new legal issues in a broad range of fields. This authoritative Research Handbook comprises chapters by leading scholars which will provide a solid foundation for newcomers to the subject and also offer exciting new insights that will further the understanding of e-commerce experts. Key topics covered include: contracting, payments, intellectual property, extraterritorial enforcement, alternative dispute resolution, social media, consumer protection, network neutrality, online gambling, domain name governance, and privacy.
Professor Hughes' contribution, chapter 2, is titled Substitutes for Legal Tender: Lessons from History for the Regulation of Virtual Currencies. It is co-authored by Stephen T. Middlebrook.
IP and Antitrust: An Analysis of Antitrust Principles Applied to Intellectual Property Law, 3rd edition
Mark D. Janis, Herbert Hovenkamp, Mark A. Lemley, Christopher Leslie, and Michael A. Carrier
Maximize intellectual property rights and minimize antitrust risks with the Third Edition of IP and Antitrust: An Analysis of Antitrust Principles Applied to Intellectual Property Law. While intellectual property licensing agreements are generally pro-competitive, antitrust issues can arise. Licensing arrangements raise concerns under the antitrust laws if they are likely to adversely affect the prices, quantities, qualities or varieties of goods and services available. Therefore, companies MUST factor these antitrust considerations into the drafting and review of these licensing agreements.
The Third Edition of IP and Antitrust: An Analysis of Antitrust Principles Applied to Intellectual Property Law is reorganized and rewritten to address the following important topics:
- Exclusion payment settlements in the pharmaceutical industry
- Post-expiration royalties and payments
- Monopolization and Refusals to License
- Tying, Exclusive Dealing and Related Licensing Practices
- REMS, product hopping and manipulation of the regulatory process
- Package Licensing, Blanket Licenses and Block-Booking
- Anticompetitive Royalty Provisions
- Resale Price Maintenance
Confidently draft and review intellectual property licensing agreements with IP and Antitrust: An Analysis of Antitrust Principles Applied to Intellectual Property Law.
Craig Joyce, Tyler T. Ochoa, Marshall A. Leaffer, and Michael Carroll
The Tenth Edition of Copyright Law features three new principal cases: the U.S. Supreme Court decisions in Kirtsaeng v. John Wiley & Sons and Aereo, Inc. v. American Broadcasting Cos., and the Second Circuit’s decision in Authors Guild v. Google, Inc. (the “Google Books” case). It also features a reorganization of Chapter 2, bringing much of Feist Publications v. Rural Telephone Service Co. forward, rather than deferring the full opinion to the end of Chapter 3, as in previous editions. The authors have also revised and updated the Notes and Questions throughout, to reflect the past three years of copyright case law.
Le droit et l'édition:regards français et étrangers sur les mutations engagées (edited by Sébastien Evrard and Jean-Luc Piotraut
Marshall A. Leaffer
The present work examines the relationship between publishing and law through French and foreign views on the changes undertaken. Specialists consider both the question of the law of publishing and the more specific issue of law publishing, which has taken a new turn with the digitization of writings. These issues are questioned through a multidisciplinary prism, interesting at the same time private law, the public right, the history of the law, the European law, the comparative law and the economy.
Professor Leaffer's contribution is titled, "L'épuisement international du droit d'auteur depuis l'arrêt Kirtsaeng v. John Wiley & Sons: vers un nouveau modèle économique d'édition aux États-Unis."
Leandra Lederman and Michelle Kwon
Now in its third edition, this clearly written Understanding treatise is designed to supplement any corporate tax casebook, providing a step-by-step explanation of the fundamentals of corporate tax law. Understanding Corporate Taxation includes discussion of relevant cases, checklists, diagrams of transactions, and numerous examples.
A volume in the Understanding series
Michael Mattioli and Fred H. Cate
Big data is ubiquitous but heterogeneous. Big data can be used to tally clicks and traffic on web pages, find patterns in stock trades, track consumer preferences, identify linguistic correlations in large corpuses of texts. This book examines big data not as an undifferentiated whole but contextually, investigating the varied challenges posed by big data for health, science, law, commerce, and politics. Taken together, the chapters reveal a complex set of problems, practices, and policies.
The advent of big data methodologies has challenged the theory-driven approach to scientific knowledge in favor of a data-driven one. Social media platforms and self-tracking tools change the way we see ourselves and others. The collection of data by corporations and government threatens privacy while promoting transparency. Meanwhile, politicians, policy makers, and ethicists are ill-prepared to deal with big data’s ramifications. The contributors look at big data’s effect on individuals as it exerts social control through monitoring, mining, and manipulation; big data and society, examining both its empowering and its constraining effects; big data and science, considering issues of data governance, provenance, reuse, and trust; and big data and organizations, discussing data responsibility, “data harm,” and decision making.
In addition to co-editing the volume, Professor Mattioli co-authored the "Introduction," pp.xi-xxi, and the "Conclusions," pp.199-211.
Professor Cate authored the first chapter, "Big Data, Consent, and the Future of Data Protection," pp.3-19.
Donna M. Nagy, Margaret V. Sachs, and Gerald J. Russello
The new Securities Litigation and Enforcement Nutshell focuses on an area of law that burgeoned more than a decade ago after the accounting and corporate governance scandals at Enron, WorldCom, and other large companies and then continued to expand with the 2008 financial crisis and subsequent legislation, including the Dodd-Frank Act of 2010 and the JOBS Act of 2012. The Nutshell examines private, SEC, and criminal enforcement of the federal securities laws, with an emphasis on the elements that establish securities fraud, and the doctrinal and practical issues that typically emerge in prosecuting or defending such claims. Because it focuses exclusively on securities litigation and enforcement, this Nutshell fills a gap in currently available materials and will be an essential resource not only for law students but also for attorneys (particularly those in large national law firms).