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  Securities Litigation and Enforcement in a Nutshell

  Donna M. Nagy, Gerald J. Russello, and Margaret V. Sachs

  The 2nd edition of the Securities Litigation and Enforcement Nutshell focuses on an area of law that burgeoned nearly two decades ago after the accounting and corporate governance scandals at Enron, WorldCom, and other large publicly traded companies. It is an area of law that has only continued to expand with the 2008 financial crisis and subsequent legislation, including the Dodd-Frank Act of 2010 and the JOBS Act of 2012, and with several recent rulings by the U.S. Supreme Court. 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.

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  Trial Objections Handbook (2020 Edition)

  Aviva Orenstein and Roger C. Park

  Trial Objections Handbook is the only resource you need to make or defend every possible evidentiary objection. You'll get clear explanations of all 109 objections commonly used in civil and criminal court, as well as each objection's basis in law. Your objections will be timely, effective, and unshakable, because Trial Objections Handbook covers how to:

  • Instantly recognize improper evidence and respond appropriately with a correctly phrased, well-researched objection
  • Reduce your opponent's opportunities to object by asking questions that will withstand any attack

  A quick-reference guide is included that provides a shorthand version of information from the main book for easy use in court.

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  "Adjudicatory Jurisdiction and Public International Law" and "Reasonableness as a Limitation on the Extraterritorial Application of U.S. Law"

  Austen L. Parrish and Hannah L. Buxbaum

  Professor Parrish wrote chapter 13, "Adjudicatory Jurisdiction and Public International Law," while Professor Buxbaum wrote chapter 12, "Reasonableness as a Limitation on the Extraterritorial Application of U.S. Law" with Ralf Michaels.

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  Trusts and Estates

  Jeffrey E. Stake

  Stake’s Trusts and Estates casebook is designed as a teaching tool for a basic course in trusts and estates. This casebook is less willing than some to assume that the goal of following the decedent's intent overrides other societal concerns. The book focuses on key cases and UPC provisions, with many fewer note cases than appear in standard casebooks, rather than providing hornbook-like coverage of the subject. The hope is that this narrower focus will make it easier for to students to understand what to study and perhaps make the book more readable than some casebooks. The casebook includes material from the 2019 amendments to the Uniform Probate Code. Stake's book can be easily covered in a 3-hour course, or can be supplemented with local law for a 4-hour course.

  The casebook includes a variety of policy questions for class discussion, from questions about the justice and efficiency of various UPC provisions to questions about the roles of courts and legislatures in making policy choices.

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  Beyond Policing

  India Thusi

  We all deserve to live in communities where we feel safe

  And true community safety means feeling safe from violence by the state, which includes the police. Social inequity has systematically and institutionally permeated our country since its founding, becoming more visible at various times in our history. We are now living in one of those moments of tremendous clarity, and it calls on us to look deeply at the efficacy of the reforms and narratives which preceded it . The deadly consequences of political decisions that create health disparities are now a wound that cannot be unseen as the COVID-19 pandemic disproportionately ravages Black, Brown, and Indigenous communities. At the same moment, Americans of all back-grounds are bearing witness to the pervasive nature of racism in this country as we watch a seemingly endless stream of viral videos of police officers and white supremacist vigilantes murdering Black people.

  This storm of violence, awareness, and anger about racial injustice has energized a new social justice movement to address police violence. Protesters around the world have taken to the streets chanting “Defund the Police” and “Black Lives Matter” to eradicate the ongoing threat of police violence. In light of the growing acknowledgment that policing has been an institution that compromises the safety of marginalized communities, the political will to re-imagine the very essence of community safety is growing.

  Society must move beyond police and punishment when thinking about community safety, so that we can enjoy solutions and interventions that promote dignity, humanity, anti-racism, and freedom from fear.

  Beyond Policing reveals that calls to enact moderate policing reforms are not backed up by a track record of success. Instead, the analysis shows why calls to defund the police open doors to new solutions, which show promise and move beyond the police and punishment . It is intended as a tool for advocates and policymakers to talk about the importance of defunding the police and investing in communities. Beyond Policing includes:

  • 13 city analysis of police departments that have adopted moderate reforms to improve policing but have nevertheless continued to engage in police violence. Our analysis provides support for the #DefundthePolice movement’s acknowledgment that it is past time to look beyond the old reforms and old ways of communicating about police reform.
  • A detailed look at numerous community groups and programs that enhance community safety without relying on police involvement. These programs adopt restorative justice, community empowerment, peer mediation, and economic support to address and prevent harm. They provide concrete solutions that address the question, “If not police, then what?”
  • Tips for talking about #DefundthePolice, including guidance for supporting a narrative that recognizes that the demand is realistic and needed in this moment.

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  Boxing Pandora Rethinking Borders, States, and Secession in a Democratic World

  Timothy W. Waters

  A timely and provocative challenge to the foundations of our global order: why should national borders be unchangeable?
  
  The inviolability of national borders is an unquestioned pillar of the post–World War II international order. Fixed borders are believed to encourage stability, promote pluralism, and discourage nationalism and intolerance. But do they? What if fixed borders create more problems than they solve, and what if permitting borders to change would create more stability and produce more just societies? Legal scholar Timothy Waters examines this possibility, showing how we arrived at a system of rigidly bordered states and how the real danger to peace is not the desire of people to form new states but the capacity of existing states to resist that desire, even with violence. He proposes a practical, democratically legitimate alternative: a right of secession. With crises ongoing in the United Kingdom, Spain, Ukraine, Iraq, Syria, Sudan, and many other regions, this reassessment of the foundations of our international order is more relevant than ever.

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  Pregnancy Discrimination: Young v. United Parcel Services, Inc., 135 S.Ct. 1338 (2015)

  Deborah A. Widiss

  Professor Widiss' contribution is the Judgment text of Chapter 3, Pregnancy Discrimination: Young v. United Parcel Services, Inc., 135 S.Ct. 1338 (2015).

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  Constitutional Reform and Women's Political Participation: Electoral Gender Quotas in Post-Arab Spring Egypt, Tunisia, and Jordan

  Susan H. Williams

  Professor Williams's contribution to this volume is "Constitutional Reform and Women's Political Particiaption: Electoral Gender Quotas in Post-Arab Spring Egypt, Tunisia, and Jordan."

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  Trustees and Officers of Indiana University, v.3: 1982-2018

  Keith Buckley; Derek F. DiMatteo; Linda K. Fariss; Kelly Kish; and Colleen K, Pauwels

  The third volume in an ongoing collection of biographies of trustees and officers of Indiana University. This volume covers the years 1982 to 2018. Two earlier volumes covered 1820-1950 and 1950-1982.

  In addition to the editing by Buckley and Fariss, the volume includes profiles written by Jerome Hall Law Library librarians Cindy Dabney (Abby Rae Stemler, William H. Strong, Eric A. Todd), Michael Maben (Thomas R. Haley, Rose E. Gallaher III, Casey B. Cox), and Richard Vaughan (Emerson Kampen, Milton J. Finebert).

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  "Public Regulation and Private Enforcement in a Global Economy: Strategies for Managing Conflict"

  Hannah Buxbaum

  The Academy is a prestigious international institution for the study and teaching of public and private international law and related subjects. The work of the Hague Academy receives the support and recognition of the UN. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law.
  All courses at the Academy are, in principle, published in the language in which they were delivered in the Collected Courses of The Hague Academy of International Law .

  This volume includes the chapter, "Public Regulation and Private Enforcement in a Global Economy: Strategies for Managing Conflict" by Maurer Professor Hannah L. Buxbaum.

  The global regulatory environment has become increasingly dense. It features multiple forms of regulation, including multilateral treaties, administrative rulemaking, self-regulation, and private enforcement in domestic courts. Regulatory institutions operate on national, regional, and international scales—and in an increasing range of substantive fields. Unsurprisingly, this environment engenders frequent conflict among regulatory regimes. These conflicts involve more than just collisions of substantive legal norms. They also involve concerns about the “who” and “how” of regulation. The entity seeking to enforce a particular norm might be a public agency or a private litigant; a particular proceeding might unfold within an international treaty framework or outside it. Such factors affect the degree of resulting conflict quite significantly. Understanding that conflict, and assessing the efficacy of the tools used to resolve it, therefore requires an analysis that accounts for those factors.
  
  The objective of these lectures is to develop a framework for examining conflicts in cross-border economic regulation, and to use it in assessing various regulatory mechanisms. The analysis employs a trans-substantive approach, providing examples from diverse areas including competition regulation, securities regulation, and data privacy. However, instead of organizing the discussion by subject matter, it classifies different categories of conflict—substantive, procedural, and political—and examines each in turn. This approach permits a nuanced analysis of cross-border regulation as it is practiced by different institutions. In particular, it uncovers the layering of different forms of conflict that makes particular modes of regulation especially problematic.
  
  The analysis draws most heavily on the experience in the United States, which permits a special focus on one specific question of regulatory design: the role of private enforcement in transnational regulation. Historically, the United States has been an outlier in its reliance on private civil litigation as a regulatory instrument. Today, though, many other legal systems are engaged in procedural reform intended to support more robust private enforcement. That development has the potential to increase significantly the resources devoted to economic regulation. However, it also risks exacerbating conflict in cross-border cases. Accordingly, one goal of the following analysis is to use the analytical framework developed here to consider possibilities for integrating private enforcement most effectively into the transnational regulatory environment.

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  Extraterritoriality in the Public and Private Enforcement of U.S. Regulatory Law

  Hannah L. Buxbaum

  Professor Buxbaum contributed Chapter 9, "Extraterritoriality in the Public and Private Enforcement of U.S. Regulatory Law."

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  Routledge Handbook of the Study of the Commons

  Daniel H. Cole, Blake Hudson, and Jonathan Rosenbloom

  The "commons" has come to mean many things to many people, and the term is often used inconsistently. The study of the commons has expanded dramatically since Garrett Hardin’s The Tragedy of the Commons (1968) popularized the dilemma faced by users of common pool resources.

  This comprehensive Handbook serves as a unique synthesis and resource for understanding how analytical frameworks developed within the literature assist in understanding the nature and management of commons resources. Such frameworks include those related to Institutional Analysis and Development, Social-Ecological Systems, and Polycentricity, among others. The book aggregates and analyses these frameworks to lay a foundation for exploring how they apply according to scholars across a wide range of disciplines. It includes an exploration of the unique problems arising in different disciplines of commons study, including natural resources (forests, oceans, water, energy, ecosystems, etc), economics, law, governance, the humanities, and intellectual property. It shows how the analytical frameworks discussed early in the book facilitate interdisciplinarity within commons scholarship. This interdisciplinary approach within the context of analytical frameworks helps facilitate a more complete understanding of the similarities and differences faced by commons resource users and managers, the usefulness of the commons lens as an analytical tool for studying resource management problems, and the best mechanisms by which to formulate policies aimed at addressing such problems.

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  Labor Law in the Contemporary Workplace, 3rd Edition

  Kenneth G. Dau-Schmidt, Martin H. Malin, Roberto L. Corrada, Christopher David Ruiz Cameron, and Catherine Laura Fisk

  Labor Law in the Contemporary Workplace prepares students for the practice of labor law by introducing them to the principles of American labor law and many of the issues that labor attorneys face. The book is organized around contemporary problems as a means of teaching the core principles of labor law. Although the primary focus of the book is the National Labor Relations Act, considerable attention is given to the Railway Labor Act and public-sector labor laws because of their growing importance in contemporary practice. The third edition takes account of changes in the law since the first edition and second editions were published and in particular new interpretations of the National Labor Relations Act by the National Labor Relations Board and recent state restrictions on public sector collective bargaining.

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  Indiana University Maurer School of Law: the first 175 years

  Linda K. Fariss, Keith Buckley, and Lauren K. Robel

  Throughout its 175-year history, the Indiana University Maurer School of Law has grown, diversified, and flourished to become of a nationally recognized law school. With strong and dedicated leadership, the school has emerged into the 21st century stronger than ever and has partnerships among with leading institutions in the world, and an alumni base that spans the globe. Preparing student for the practice of law, promoting the best interests of society, and taking a leadership role in providing solutions to the most pressing problems of society, are among the many achievements of the school and its faculty. Filled with historical photographs and engaging sidebars, this book tells the story of the individuals who built, sustained, and strengthened the Indiana University Maurer School of Law.

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  Forestry

  Robert L. Fischman

  Professor Fischman's contribution is Chapter 31, Forestry, co-authored with Federico Cheever and Robert B. McKinstry, Jr.

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  Who is to Judge?: Charles Gardner Geyh

  Charles G. Geyh

  An elected judiciary is virtually unique to the American experience and creates a paradox in a representative democracy. Elected judges take an oath to uphold the law impartially, which calls upon them to swear off the influence of the very constituencies they must cultivate in order to attain and retain judicial office. This paradox has given rise to perennially shrill and unproductive binary arguments over the merits and demerits of elected and appointed judiciaries, which this project seeks to transcend and reimagine. In Who Is to Judge?, judicial politics expert Charles Gardner Geyh exposes and explains the overstatements of both sides in the judicial selection debate. When those exaggerations are understood as such, it becomes possible to search for common ground and its limits. Ultimately, this search leads Geyh to conclude that, while appointive systems are a preferable default, no one system of selection is best for all jurisdictions at all times.

  • Engages the popular debate on judge selection but argues that both sides are wrong, in pursuit of a moderated position between the poles
  • Brings history, political science, psychological science, and law to bear in an interdisciplinary analysis of the issues
  • Presents these ideas in a smart yet informal writing style that will be accessible for students and general readers