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.
Aviva A. Orenstein
Acing Evidence offers a succinct, clear, and user-friendly review of federal evidence law. Providing many helpful examples and employing checklists at the end of every chapter, Acing Evidence presents an organized way to analyze evidence problems and spot hidden issues. This book is invaluable for reviewing evidence, preparing for the bar exam, and assessing evidence at trial. The second edition adds new examples, reflects rule changes, and expands the discussion of confrontation.
Aviva A. Orenstein
Confident at work but clueless at love, Claire is 40 and overweight—not a recipe she imagines can solve the romance gap. Dealing with her father’s death and an angry teen doesn’t make it easier. Finding no help from her ex, who is distracted by remarriage to a much younger woman, Claire copes by relying on a faithful circle of friends, a wicked sense of humor, and a new interest in fitness. When Claire meets Rob, a beguiling, slightly pudgy man at the gym, there is an instant connection. Just maybe she can haul the composure she finds at work into the gym with her. Or is it fat chance for that?
Jeffrey E. Stake
This interdisciplinary collection presents novel theories, includes provocative re-workings of longstanding arguments, and offers a healthy cross-pollination of ideas to the morality literature. Structures, functions, and content of morality are reconsidered as cultural, religious, and political components are added to the standard biological/environmental mix. Innovative concepts such as the Periodic Table of Ethics and evidence for morality in non-human species illuminate areas for further discussion and research. And some of the book’s contributors question premises we hold dear, such as morality as a product of reason, the existence of moral truths, and the motto “life is good.”
Highlights of the coverage:
- The tripartite theory of Machiavellian morality: judgment, influence, and conscience as distinct moral adaptations.
- Prosocial morality from a biological, cultural, and developmental perspective.
- The containment problem and the evolutionary debunking of morality.
- A comparative perspective on the evolution of moral behavior.
- A moral guide to depravity: religiously-motivated violence and sexual selection.
- Game theory and the strategic logic of moral intuitions.
The Evolution of Morality makes a stimulating supplementary text for advanced undergraduate and graduate courses in the evolutionary sciences, particularly in psychology, biology, anthropology, sociology, political science, religious studies, and philosophy
Professor Stake's contribution is titled, "Property Law Reflections of a Sense of Right and Wrong," pp. 277-287.
Learning from Practice: A Text for Experiential Legal Education, 3rd Edition (edited by Leah Wortham, Alexander Scherr, Nancy Maurer, Susan L. Brooks)
The third edition of Learning From Practice covers topics relevant to law students working in real practice settings, including externships, in-house clinics, and other experiential courses. Intended for use in course seminars and tutorials, each chapter helps students succeed in their work, reflect on their development, and plan for their lives as lawyers. The book starts with topics common to all real world experience: planning to meet goals, working under supervision, observing carefully, communicating effectively, understanding bias and cultural difference, and reflection. The book offers detailed coverage of ethical issues in experiential coursework including a new chapter on professionalism. A group of chapters address key lawyering abilities such as good judgment, client relationships, collaboration, writing for practice, and making presentations. This edition expands coverage of important practice areas including judicial, criminal justice, public interest, public service, and transactional practices. The closing chapters turn to the future and focus on developing professional identity, maintaining well-being, finding a job and career, and the future of the profession. Throughout, the book encourages students toward self-direction, reflection, dialogue and collaboration, critical assessment of law practice, and well-being and career satisfaction.
Professor Weng's contribution, co-authored with Margaret Reuter, is titled "Navigating Cultural Difference."
Public Law of Gender: From the Local to the Global (edited by Kim Rubenstein and Kaatharine G. Young)
Susan H. Williams
With the worldwide sweep of gender-neutral, gender-equal or gender-sensitive public laws in international treaties, national constitutions and statutes, it is timely to document the raft of legal reform and to critically analyse its effectiveness. In demarcating the academic study of the public law of gender, this book brings together leading lawyers, political scientists, historians and philosophers to examine law's structuring of politics, governing and gender in a new global frame. Of interest to constitutional and statutory designers, advocates, adjudicators and scholars, the contributions explore how concepts such as equality, accountability, representation, participation and rights, depend on, challenge or enlist gendered roles and/or categories. These enquiries suggest that the new public law of gender must confront the lapses in enforcement, sincerity and coverage that are common in both national and international law and governance, and critically and pluralistically recast the public/private distinction in family, community, religion, customary and market domains.
Professor Williams' contribution to this volume is chapter 4, "Customary Law, Constitutional Law and Women's Equality."
Race and Real Estate brings together new work by architects, sociologists, legal scholars, and literary critics that qualifies and complicates traditional narratives of race, property, and citizenship in the United States. Rather than simply rehearsing the standard account of how blacks were historically excluded from homeownership, the authors of these essays explore how the raced history of property affects understandings of home and citizenship. While the narrative of race and real estate in America has usually been relayed in terms of institutional subjugation, dispossession, and forced segregation, the essays collected in this volume acknowledge the validity of these histories while presenting new perspectives on this story.
Professor Bell's contribution, chapter 3, is titled "Hating the Neighbors: Minority Housing Integration and Racialized Boundaries."
Daniel H. Cole
This is the second book in the series Shared Responsibility in International Law, which examines the problem of distribution of responsibilities among multiple states and other actors. In its work on the responsibility of states and international organisations, the International Law Commission recognised that attribution of acts to one actor does not exclude possible attribution of the same act to another state or organisation. However, it provided limited guidance for the often complex question of how responsibility is to be distributed among wrongdoing actors. This study fills that gap by shedding light on principles of distribution from extra-legal perspectives. Drawing on disciplines such as political theory, moral philosophy, and economics, this volume enquires into the bases and justifications for apportionment of responsibilities that can support a critique of current international law, offers insight into the justification of alternative interpretations, and provides inspiration for reform and further development of international law.
Examines the conceptual and theoretical underpinnings of how responsibility is distributed among wrongdoing actors.
Explains normative choices that inevitably underlie particular legal decisions on distribution from extra-legal perspectives.
Brings together multiple perspectives from different disciplines and makes comparisons between multiple options for distributing responsibility under international law.
Professor Cole's contribution, chapter 10, is titled "The Problem of Shared Irresponsibility in International Climate Law."
Enhancing Teaching and Learning in the 21st-Century Academic Library: Successful Innovations That Make a Difference, edited by Bradford Lee Eden
Susan David deMaine
Libraries of all types have undergone significant developments in the last few decades. The rate of change in the academic library, a presence for decades now, has been increasing in the first decade of this century. It is no exaggeration to claim that it is undergoing a top to bottom redefinition.
In this second volume of the series, Creating the 21st-Century Academic Library, we explore the initiatives in student learning and training that are underway in our academic libraries. The 13 chapters range from librarians redesigning the space in the library in order to assume control of the campus bookstore to implementing a MOOC where the problems of providing material to potentially thousands of students taking an online course must somehow overcome copyright restrictions. A chapter describes how the iPad has become the chosen delivery mechanism for a rich array of resources that finally begin to reflect the educational potential of the digital world. Another chapter tells how a collaboration creates an audio archive to enrich the experiences of patrons and raise the visibility of the special collections unit on campus. Gamification plays a role in two chapters and active learning is featured in another that employs the technologies of interactive whiteboards, clickers, and wireless slates.
These approaches, employing new technologies and terminology, signal that we have begun a new era in the definition and design of the academic library. We can’t expect the redefined academic library to assume its final shape any time soon, if ever, but the transformation is well underway.
Ms. DeMaine's contribution is Chapter 5: "Using Digital Badges to Enhance Research Instruction in Academic Libraries."
Jessica M. Eaglin and Danyelle Solomon
People of color are overrepresented in our criminal justice system. One in three African American men born today will be incarcerated in his lifetime. In some cities, African Americans are ten times more likely to be arrested when stopped by police. With the national debate national focused on race, crime, and punishment, criminal justice experts are examining how to reduce racial disparities in our prisons and jails, which often serve as initial entry points for those who become entangled in the criminal justice system.
This report, which relies on input from 25 criminal justice leaders, pinpoints the drivers of racial disparities in our jails lays out common sense reforms to reduce this disparity, including increasing public defense representation for misdemeanor offenses, encouraging prosecutors to prioritize serious and violent offenses, limiting the use of pretrial detention, and requiring training to reduce racial bias for all those involved in running our justice system.
David P. Fidler
This timely Research Handbook contains an analysis by leading scholars and practitioners of various legal questions concerning cyberspace and cyber activities. Comprehensive and thorough, it succeeds in mapping out the range of international rules that apply to cyberspace and to specific cyber activities, assesses their regulatory efficacy and offers insightful suggestions, where necessary, for revised standards.
Contributors examine the application of fundamental international law principles to cyberspace such as the principle of sovereignty, jurisdiction, state responsibility, individual criminal responsibility, human rights and intellectual property rights. They explore the application of international rules to cyber terrorism, cyber espionage, cyber crime, cyber attacks and to cyber war. They deal with the meaning of cyber operations, the ethics of cyber operations as well as with cyber deterrence. Finally, they comment on the cyber security policies of international and regional institutions such as those of the United Nations, the European Union, NATO and of Asian-Pacific institutions.
This Research Handbook will benefit scholars in the fields of international law, international relations, public and private law. Researchers will find the suggested future research avenues in this field invaluable whilst policy-makers and practitioners will gain fresh insights into topical issues concerning the regulation of cyberspace and of cyber activities.
Professor Fidler's contribution, chapter 5, is titled "Cyberspace and Human Rights."
David P. Fidler and Fred H. Cate
When Edward Snowden began leaking NSA documents in June 2013, his actions sparked impassioned debates about electronic surveillance, national security, and privacy in the digital age. The Snowden Reader looks at Snowden’s disclosures and their aftermath. Critical analyses by experts discuss the historical, political, legal, and ethical issues raised by the disclosures. Over forty key documents related to the case are included, with introductory notes explaining their significance: documents leaked by Snowden; responses from the NSA, the Obama administration, and Congress; statements by foreign leaders, their governments, and international organizations; judicial rulings; findings of review committees; and Snowden’s own statements. This book provides a valuable introduction and overview for anyone who wants to go beyond the headlines to understand this historic episode.
Edited by Maurer Law Professor David P. Fidler, with a forward by Sumit Ganguly of the Indiana University Department of Political Science. Professor Fidler also wrote the chapter, "U.S. Foreign Policy and the Snowden Leaks.
Professor Fred H. Cate, Maurer School of Law, authored the chapter titled "Edward Snowden and the NSA: Law Policy, and Politics."
Detlev F. Vagts, Harold Koh, Willam S. Dodge, and Hannah L. Buxbaum
The Fifth Edition of Transnational Business Problems combines the best aspects of a conceptual, systemic approach and a problems approach. It provides a sophisticated intellectual framework for understanding the most significant contractual and regulatory issues in international business. At fewer than 700 pages, this compact book is ideal for a one-semester course.
- One volume. Transnational Business Problems presents the important practical and policy aspects of international transactions in one reasonably-sized volume.
- Deals with Systemic Issues First. Transnational Business Problems considers systemic issues first. Five introductory chapters discuss the structure of the international system, the different players in international business―corporations, lawyers, international institutions―and issues that reach across all kinds of transactions such as dispute resolution and tax.
- Problems Approach. The introductory chapters are followed by eight problems, each focused on a different kind of transaction: transnational sales, agency and distributorship agreements, licensing, foreign direct investment, mergers and acquisitions, joint ventures, development agreements, and international debt instruments. Each problem covers both contractual and regulatory issues. Nearly all begin with a sample contract.
- Sophistication. The book uses primary source materials―draft contracts, statutes, regulations, treaties, cases, and arbitral awards―that allow students, with help from the text, to work through issues in a realistic way. It goes beyond the nuts and bolts of transactions to encourage consideration of broader policy issues: from the liability of corporations for human rights violations to restrictions on foreign investment; from the compulsory licensing of HIV drugs to the restructuring of sovereign debt.
- Geographical Diversity. Transnational Business Problems reflects the geographical diversity of business today. The problems focus on China, the European Union, South America, Mexico, and the Middle East. Materials from other parts of the world are included in the introductory chapters.
- Intellectual Heritage. Transnational Business Problems grows out of a rich intellectual heritage that began with Milton Katz and Kingman Brewster’s International Transactions and evolved into Henry Steiner and Detlev Vagts’s Transnational Legal Problems. This book views transnational business problems as a particular species of transnational legal problem that both generates and is influenced by transnational legal process.
- Fully Updated. The Fifth Edition of Transnational Business Problems is fully updated to account for developments through the start of 2014. Every year between editions the authors provide an update in memo form that teachers can distribute as a supplement to their classes.
- Useful Teacher’s Manual. Transnational Business Problems has a complete teacher’s manual that provides suggestions on how to approach the material and answers to all of the questions posed in the text. The manual also contains sample syllabi.
Alfred C. Aman
As with the previous editions, this is a comprehensive administrative law casebook. It has been updated with the latest cases pertaining to the core areas of administrative law that are likely to be taught in various courses today, including:
1. Due Process (Chapter 2) and Judicial Review (Chapter 8), especially recent developments involving Chevron v. NRDC, its application to tax rulings (Mayo Foundation); agency interpretations of their own regulations (Auer deference); agency interpretations of their own procedural obligations (Dominion Energy); agency interpretations of the extent of their own jurisdictional powers (City of Arlington); and the stare decisis effects of previous agency and judicial interpretations (Brand X and its progeny).
2. Executive Power (Chapter 7), including the various appointment issues at stake in the Free Enterprise case, the constitutionality of double removal for cause provisions, the limits of the unitary executive theory; the use of executive czars and the impact of OMB and OIRA reviews on substance and procedure.
3. The intersection of international issues and administrative law, including the delegation of federal power to international bodies (Chapter 6) and the application of new rules involving climate change issues (Chapter 5) in an arguably retroactive manner.
4. Outsourcing, privatization of prisons, welfare administration and the delegation of public power to private entities (Chapter 6).
5. Recent Supreme Court ruling involving Exemption 2 to the FOIA (Chapter 10).
Alfred C. Aman and William T. Mayton
This treatise sets forth a comprehensive analysis of administrative law in the United States. Administrative law continues to evolve in interesting ways in all of its various dimensions. The authors address the new developments in the law of standing, congressional attempts to make agencies more accountable, and the continuing evolution of Chevron deference, among other issues. The fundamental purposes of this book are to assess and explain fundamental doctrines of administrative law, placing some of the most important aspects of those doctrines in a historical context, and setting forth the current state of the law. The book is intended to serve practitioners, scholars and students of administrative law.
Kevin D. Brown
When selective colleges, universities, and graduate programs instituted affirmative action policies in the 1960s, 99.4 percent of Americans were either black or white. Not only were interracial marriages between blacks and whites illegal in over twenty states, but very few blacks were involved in interracial sexual relationships. A person’s race was determined by the application of the one-drop rule. Thus, mixed-race blacks were not allowed to self-identify their race. Rather, they were socially ascribed as black and, therefore, the concept of Black Multiracials did not exist. Also, less than one percent of blacks were foreign-born.
As a result, one of the core assumptions upon which affirmative action was based was that the predominant ancestries of the beneficiaries would be children of two American-born black parents (“Ascendant Blacks”). However, Black Multiracials and foreign-born blacks and their children (“Black Immigrants”) now constitute a growing majority of the black students at many selective higher education programs. Further, the percentages of Black Multiracials and Black Immigrants among those blacks approaching college age are rapidly increasing. Thus, in an ironic twist of fate, America is ethnically cleansing from the campuses of its selective higher education institutions Ascendant Blacks. Not only were they the primary group that affirmative action policies were intended to benefit, but their ascendency out of slavery and segregation made possible the increases in mixed-race sexual relationships, Black Multiracials, foreign-born blacks, and Black Immigrants. This book discusses this ethnic cleansing of Ascendant Blacks and its implications for American society, and suggests possible ways to address the problem.
Governing Knowledge Commons (edited by Brett M. Frischmann, Michael J. Madison, and Katherine J. Strandburg)
Daniel H. Cole
Knowledge commons describes the institutionalized community governance of the sharing and, in some cases, creation, of information, science, knowledge, data, and other types of intellectual and cultural resources. It is the subject of enormous recent interest and enthusiasm with respect to policymaking about innovation, creative production, and intellectual property. Taking that enthusiasm as its starting point, Governing Knowledge Commons argues that policymaking should be based on evidence and a deeper understanding of what makes commons institutions work. It offers a systematic way to study knowledge commons, borrowing and building on Elinor Ostrom's Nobel Prize-winning research on natural resource commons. It proposes a framework for studying knowledge commons that is adapted to the unique attributes of knowledge and information, describing the framework in detail and explaining how to put it into context both with respect to commons research and with respect to innovation and information policy. Eleven detailed case studies apply and discuss the framework exploring knowledge commons across a wide variety of scientific and cultural domains.
Professor Cole's contribution, chapter 2, is titled "Learning from Lin: Lessons and Cautions from the Natural Commons for the Knowledge Commons."