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.
Elinor Ostrom and the Bloomington School of Political Economy, Volume 1: Polycentricity in Public Administration and Political Science
Daniel H. Cole and Michael D. McGinnis
Elinor (Lin) Ostrom was awarded the 2009 Nobel Memorial Prize in Economic Sciences for her pathbreaking research on "economic governance, especially the commons"; but she also made important contributions to several other fields of political economy and public policy. The range of topics she covered and the multiple methods she used might convey the mistaken impression that her body of work is disjointed and incoherent.
This four-volume compendium of papers written by Lin, alone or with various coauthors (most notably including her husband and partner, Vincent), supplemented by others expanding on their work, brings together the common strands of research that serve to tie her impressive oeuvre together. That oeuvre, together with Vincent's own impressive body of work, has come to define a distinctive school of political-economic thought, the "Bloomington School."
Each of the four volumes is organized around a central theme of Lin's work. Volume 1 explores the roles played by the concept polycentricity in the disciplines of public administration, political science, and other forms of political economy. Polycentricity denotes a complex system of governance in which public authorities, citizens, and private organizations work together to establish and enforce the rules that guide their behavior. Itencapsulates an approach toward policy analysis that blurs standard disciplinary boundaries between the social sciences.
Throughout their long and remarkably productive careers, Elinor and Vincent Ostrom never tired of reminding us of the capacity of ordinary humans to transcend their own limitations by engaging with others in the myriad forms of collective action required to build and sustain a self-governing society. Their careers stand as exemplars of the proper relationship between rigorous scholarship and responsible citizenship.
Kenneth G. Dau-Schmidt
Enterprise law represents the entire range of private contracts and public regulations governing the relationship of different capital providers. Enterprise Law comparatively analyses the way these fundamental legal frameworks complement each other in the United States and Japan.
In this collection of essays edited by Professor Zenichi Shishido, a wide range of leading scholars examine the firm as an incentive mechanism and show how law the whole legal system affect the incentive bargain between the firm’s major players, positively with markets and social norms. They establish that enterprise law is not always effective in its attempt to affect the incentive bargain of the firm by itself, but instead works by interacting complementarily with markets and social norms.
Demonstrating the dynamic relationship between parts and the whole of enterprise law, this exceptional book will be of special interest to comparative law, and law and economics scholars and students.
Professor Dau-Schmidt's contribution, co-authored with B. C. Ellis, is titled "The Relative Bargaining Power of Employers and Unions in the Global Information Age: A Comparative Analysis of the United States and Japan."
Kenneth G. Dau-Schmidt, Martin H. Malin, Roberto L. Corrada, Christopher David Ruiz Cameron, and Catherine Laura Fisk
Labor Law in the Contemporary Workplace is organized around contemporary problems as a means of teaching the core principles of labor law. It prepares students for the practice of labor law in the contemporary workplace by introducing them to the principles of American labor law and many of the issues that labor law attorneys face. 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 relative importance in contemporary practice. The second edition takes account of changes in the law since the first edition was 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.
David P. Fidler
This Handbook brings together leading scholars and practitioners to examine the prolific body of international laws governing terrorism. It exhaustively covers the global response to terrorism in transnational criminal law, the international law on the use of force, international humanitarian law, international human rights law, the law of State responsibility, the United Nations Security Council, General Assembly, UN specialised bodies, and regional organisations. It also addresses special legal issues in dealing with terrorism such as gender, religion, victims of terrorism, weapons of mass destruction, and customary law.
Professor Fidler's contribution, chapter 7, is titled "Nuclear, Chemical and Biological Terrorism in International Law".
Sport and the Law: Historical and Cultural Intersections (edited by Samuel O. Regalado and Sarah K. Fields)
David P. Fidler
This new collection examines not only how athletes looked to the nation’s judicial system to solve conflicts but also how their cases trans¬formed the interpretation of laws. These essays examine a vast array of social and legal controversies including Heywood v. NBA (1971), which allowed any player to enter the draft; Flood v. Kuhn (1972), which considered baseball’s antitrust status; the Danny Gardella lower level 1948 case regarding free agency and baseball; Muhammad Ali’s celebrated stance against the U.S. draft; Renée Richards’s 1976 lawsuit against the U.S. Tennis Association and its due process ramifications; and human rights violations in international law with respect to the increased recruitment of underage Latin baseball players in the Caribbean region are a few examples of the vast array of stories included. Sport and the Law links these cases to other cases and topics, giving the reader the opportunity to see the threads weaving law and sport together in American society.
Professor Fidler's contribution (with Arturo Macano), chapter 9, is titled “‘Clean Up the Abuses’: Building a Rule-of-Law Culture for Major League Baseball’s Operations in Latin America.”
David P. Fidler
International human rights law offers an overarching international legal framework to help determine the legality of the use of any weapon, as well as its lawful supply. It governs acts of States and non-State actors alike. In doing so, human rights law embraces international humanitarian law regulation of the use of weapons in armed conflict and disarmament law, as well as international criminal justice standards. In situations of law enforcement (such as counterpiracy, prisons, ordinary policing, riot control, and many peace operations), human rights law is the primary legal frame of reference above domestic criminal law. This important and timely book draws on all aspects of international weapons law and proposes a new view on international law governing weapons. Also included is a specific discussion on armed drones and cyberattacks, two highly topical issues in international law and international relations.
Professor Fidler's contribution, chapter 10, is titled "Cyberattacks and International Human Rights Law."
Robert L. Fischman, George Cameron Coggins, Charles Wilkinson, and John Leshy
This casebook is the authoritative introduction to public land and resources law. Case studies, case notes, and examples illustrate legal points with special attention to historical and social context. Thought-provoking questions facilitate classroom discussion. This new edition is completely updated, including thorough revisions of all chapters, considerable streamlining, and many new principal cases. It includes a new chapter on energy resources, which covers fossil fuel leasing as well as renewable sources of power. The new edition increases emphasis on climate change, marine conservation, hydraulic fracturing, solar and wind energy, and other topics of contemporary interest.
A Companion to Reconstruction Presidents presents a series of original essays that explore a variety of important issues, themes, and debates associated with the presidencies of Andrew Johnson, Ulysses S. Grant, and Rutherford B. Hayes.Represents the first comprehensive look at the presidencies of Johnson, Grant, and Hayes in one volume
- Features contributions from top historians and presidential scholars
- Approaches the study of these presidents from a historiographical perspective
- Key topics include each president’s political career; foreign policy; domestic policy; military history; and social context of their terms in office
A volume in the Blackwell Companions to American History series.
Professor Fuentes-Rohwer's contribution is titled, "The Impeachment of Andrew Johnson."
Joseph L. Hoffmann and William J. Stuntz
The distinguished author team of William J. Stuntz and Joseph L. Hoffmann has written an innovative new casebook that moves the study of criminal law out of the classic law and philosophy framework (“Why do we punish?”) and into the real world (“How is criminal law interpreted and applied in today’s criminal justice system?”). The entirely new perspective of Defining Crimes reflects the essential nature of the problems and issues that affect criminal cases every day.
Look for these key features:
• New introductory sections to explain the fundamentals of the criminal law that students need to know to understand many of the chapters and sub-chapters
• New secondary materials to provide greater social, historical, and/or political context for many of the issues that are covered in the book
• New coverage of several aspects of self-defense law, focusing especially on the recent Trayvon Martin case as well as the “castle” and “stand your ground” doctrines
• Revised and expanded discussion of the Model Penal Code’s basic culpability framework
• Expanded coverage of battered woman/spouse syndrome
• Expanded and updated coverage of medical marijuana laws and state decriminalization of marijuana
• Updated cases and notes throughout the book
Mark D. Janis
This book addresses critical and timely questions in patent law from a truly global perspective, with contributions from leading patent law scholars from various countries. Offering fresh insights and new approaches to evaluating key institutional, economic, doctrinal, and practical issues, these chapters reflect critical analyses and review of developments in national patent laws, and of efforts to reform the global patent system and reconfigure geopolitical interests in ongoing multilateral, trilateral, and bilateral initiatives. The book explores patent law issues through the lens of economic development theory, innovation, international relations, theoretical foundations for the patent system in the global context, and more. It reflects and critiques a wide range of perspectives, comments on the associated implications for global patent regulation, and discusses controversial subject matter such as biotechnology, emerging economies, TRIPS compliance, access to medicines, and the possible value of competition law in policing patents on public goods, among others.
Professor Janis' contribution, chapter 9, is tilted "Patenting Plants."
Mark D. Janis and Graeme B. Dinwoodie
The many strands of trademark and unfair competition doctrine are carefully organized into a coherent conceptual framework divided into three parts: foundation and purposes, creation, and scope & enforcement. The traditional case-and-note format is enhanced by summarizing problems that help students understand intricate key topics. Trademarks and Unfair Competition features many issues related to the Internet, such as cybersquatting, keyword advertising, domain name disputes, the relationship between trademarks and domain name, and the potential secondary liability of online auction websites such as eBay. International as well as domestic issues are thoroughly explored. Comprehensive coverage of trade dress protection is integrated with issues of word mark protection.
The Fourth Edition presents the Second Circuit’s important decision in Louboutin v. YSL as well as important new appellate decisions on functionality, including the Federal Circuit’s Becton Dickinson opinion and the decision of the Seventh Circuit in Franco & Sons. Also new to this edition: the Fourth Circuit’s decision in Rosetta Stone on trademark liability for keyword advertising and the Eleventh Circuit’s University of Alabama opinion on First Amendment limitations on the scope of trademark rights. New cases explore trademark fair use, including the DELICIOUS shoes case and the Tabari case on nominative fair use in connection with domain names. New applications of the trademark dilution are covered along with new anti-cybersquatting provisions, and new cases on remedies are introduced in the revised Fourth Edition.
Mark D. Janis, Herbert H. Jervis, and Richard C. Peet
Plant intellectual property law is a complex proposition which stands apart from other intellectual property endeavours, and this book seeks to elucidate on the key issues involved. This work encompasses aspects of plant innovation and related law in the US and overseas providing a global perspective.
Full treatment is given to the legal and technological framework; intellectual property regimes of importance in plant breeding; formal grants of rights under plant variety protection schemes; plant and utility patent regimes and trade mark regimes. Antitrust restrictions on intellectual property licensing and international regulations on plant genetic resources are also covered in detail. All this ensures this text guarantees a comprehensive collection of all useful materials.
Written by an expert team of both academics and practitioners, this book is the first to provide unique practical analysis on the creation and implementation of specialised, plant-specific intellectual property regimes.
Dawn E. Johnsen
With its initial publication in 1978, Bioethics became the first reference to focus solely on a then-burgeoning field, in effect helping to define the discipline. The first and second editions won the Dartmouth Medal and Honorable Mention, respectively, and the set remains the standard reference on bioethics for teachers, students, and those in related fields of health care, philosophy, environmentalism, law, and religious studies. The fourth edition offers hundreds of revisions or addenda to entries from previous editions as well as over 100 new or rewritten entries on topics such as key cases in bioethics, the human biome, genetically modified foods, emergency preparedness and response, social justice, sustainability, chemical warfare and torture, among many others. Revised articles will explain the events as well as legislation changes of the past decade. The work is also being expanded to include views of nations and cultures other than the United States on such issues as abortion, medical triage, social responsibility, access to health care, stem cell research, etc.
Previous editions published under the title, Encyclopedia of Bioethics.
Professor Johnsen contributed the entry "Maternal-Fetal Relationship: Legal and Regulatory Issues."
Jayanth K. Krishnan
The rise of Asia in global political and economic developments has been facilitated in part by a profound transformation of Asian courts. This book provides the most up-to-date and comprehensive analysis of these courts, explaining how their structures differ from courts in the West and how they have been shaped by the current challenges facing Asia. Contributors from across the continent analyze fourteen selected Asian jurisdictions representing varying degrees of development: Japan, Korea, Taiwan, India, Indonesia, Mongolia, the Philippines, Hong Kong, Singapore, Bangladesh, Malaysia, Thailand, China and Vietnam. Setting the courts of each region in the context of their country's economic, political, and social dynamics, this book shows how and why Asian courts have undergone such profound transformations in recent years and predicts the future trajectories of tradition, transition and globalization to suggest the challenges and developments that lie ahead.
- The first book in English to provide a comprehensive overview of Asian courts in the context of current global and regional developments.
- Reveals the impact of democratic transitions, economic development, and judicialization upon the changing functions of Asian courts.
- Analyzes the roles of Asian courts in judicial systems, covering topics including dispute resolution, judicial appointments, and judicial independence.
Professor Krishnan's contribution, chapter 7, is titled "Legitimacy of Courts and the Dilemma of their Proliferation: the Significance of Judicial Power in India."
Jody L. Madeira
As most jurisdictions move away from the death penalty, some remain strongly committed to it, while others hold on to it but use it sparingly. This volume seeks to understand why, by examining the death penalty’s relationship to state governance in the past and present. It also examines how international, transnational and national forces intersect in order to understand the possibilities of future death penalty abolition.
The chapters cover the USA - the only western democracy that still uses the death penalty - and Asia - the site of some 90 per cent of all executions. Also included are discussions of the death penalty in Islam and its practice in selected Muslim majority countries. There is also a comparative chapter departing from the response to the mass killings in Norway in 2011. Leading experts in law, criminology and human rights combine theory and empirical research to further our understanding of the relationships between ways of governance, the role of leadership and the death penalty practices.
This book questions whether the death penalty in and of itself is a hazard to a sustainable development of criminal justice. It is an invaluable resource for all those researching and campaigning for the global abolition of capital punishment.
Professor Madeira's contribution, chapter 5, is titled "Clear and Ever-Present Dangers? Redefining ‘Closure’ in a Post 9–11 World."
Jody L. Madeira
The proposed volumes are aimed at a multidisciplinary audience and seek to fill the gap between law, semiotics and visuality providing a comprehensive theoretical and analytical overview of legal visual semiotics. They seek to promote an interdisciplinary debate from law, semiotics and visuality bringing together the cumulative research traditions of these related areas as a prelude to identifying fertile avenues for research going forward.
Professor Madeira's contribution, chapter 38, is titled "The Visibly Offensive Offender: A Semiotic Phenomenology of an Execution."