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 Archives 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.
Victor D. Quintanilla and Rachel Thelin
In 2017, the Indiana Coalition for Court Access entered into a partnership with Indiana University to conduct a statewide legal needs study. The IU Center for Law, Society & Culture and the IU Public Policy Institute submit this final report to the CCA. We designed this comprehensive study of legal needs to provide a relevant, reliable source of information with which the CCA, policymakers, and legal aid providers can make strategic decisions about where, when, and how to allocate resources for the effective, efficient delivery of civil legal services. We also designed this project to generate data and information that these organizations can use in their efforts to increase the visibility of legal aid, develop support for legal aid work, and encourage resource development.
Broadly, this civil legal needs study includes three goals: 1. Assessing the unmet legal needs of Indiana’s low-income population. 2. Examining the current system of legal aid delivery to determine underserved communities’ access to legal aid services. 3. Reviewing legal services programs to determine ways to improve resource allocation among and collaboration within Indiana’s system of civil legal aid. We designed this comprehensive study of legal needs to provide a relevant, reliable source of information with which the CCA, policymakers, and legal aid providers can make strategic decisions about where, when, and how to allocate resources for the effective, efficient delivery of civil legal services. We also designed this project to generate data and information that these organizations can use in their efforts to increase the visibility of legal aid, develop support for legal aid work, and encourage resource development.
Carwina Weng, Danielle R. Cover, Margaret Reuter, and Chris W. Roberts
This workbook enables faculty to design experiential courses for law students, using the process commonly known as backward design. The workbook walks the user step-by-step from goal to course outcomes to teaching activities, and it provides user-friendly worksheets to guide the design. The authors also provide the design maps for their own courses, with process notes, to illustrate the Experiential Learning Design process in action. The workbook helps faculty to situate their courses within a broader law school or experiential curriculum and to connect their courses as appropriate with their schools’ and the ABA’s JD program outcomes.
Whether your focus is social justice lawyering, skills, ethics, and/or substantive knowledge, this book will guide you in designing a course that turns your teaching goals into learning outcomes. This book provides a model for creating an effective, intentionally designed instructional path for your experiential learning course, including helping you to identify the intellectual home for your course, learning goals, final assessment, evaluation rubric, and learning outcomes. Learning Law through Experience and by Design covers the following topics in detail:
- Chapter 1: Your Experiential Course and the ABA Standards
- Chapter 2: Using the Experiential Learning Design Process
- Chapter 3: The Big Picture: What Is the Point of Your Course?
- Chapter 4: The Course Goal: What Do You Want Your Students to Learn?
- Chapter 5: The Final Assessment: How Do You Know That Your Students Learned? (Includes Appendix 5-A, Mapping Evidence of Student Mastery)
- Chapter 6: Rubrics: How Do You Gauge the Level of a Student’s Proficiency? (Includes Appendix 6-A, Facets of Understanding: Progressive Levels of Performance)
- Chapter 7: Course Outcomes and Learning Activities: What Will Happen in Your Classroom? (Includes Appendix 7-A, Samples of Experiential Learning Activities, and Appendix 7-B, Sample of Course Syllabus)
- Chapter 8: Course Exemplars
- Chapter 9: Worksheet Templates"
"I found the process extremely accessible and understandable. As I was reading, I couldn’t help but apply the components to my own courses. I found the tables with the example categories and measurable criteria throughout VERY helpful in making the process approachable. So often I find myself frustrated by the effort to choose appropriate language and your process cuts through that barrier by not only supplying a vocabulary but providing a theoretical foundation for different choices. At a broader level, I found the process steps and connections between them clear and understandable. I also appreciated the repeated reminders to revisit earlier decisions if a disconnect emerges as one works through the process. Finally, the examples provided from different courses, including the model completed worksheets, were helpful in concretizing the theoretical discussion. They made it easier to imagine how I might apply the process to my own course. And, a final final point, the writing was clear and a pleasure to read throughout."—Lisa V. Martin, Assistant Professor, University of South Carolina School of Law
Susan H. Williams
Professor Williams wrote Chapter 8, "Dialogic Democracy, Feminist Theory and Women’s Participation in Constitution-Making."
John S. Applegate, Jan G. Laitos, Jeffrey M. Gaba, and Noah M. Sachs
This casebook provides a thorough and current introduction to the content and concepts behind toxic substances and hazardous waste law, focusing on major statutes and including key scientific, policy, and economic context. Detailed consideration of the Federal Insecticide, Fungicide, and Rodenticide Act; the Toxic Substances Control Act (as recently amended); the Resource Conservation and Recovery Act; and Comprehensive Environmental Response, Compensation and Recovery Act is included. In addition, toxic torts and alternative approaches to toxics regulation are described and analyzed.
This casebook focuses on the unique environmental effects of, and the consequent problems of regulating, toxic substances and hazardous wastes. It is suitable for use both in first courses in environmental law (in law schools where the introductory course covers two semesters, for example) and in advanced courses in toxic torts, chemical and pesticides regulation, hazardous waste law and policy, or risk regulation. The casebook provides foundational material on risk assessment, cost-benefit analysis, and other regulatory tools. It then covers in detail the numerous judge-made, statutory, and administrative regimes that regulate the life cycle of toxic substances: production, use, discharge, disposal, environmental remediation, and compensation.
Throughout, the casebook emphasizes scientific, policy, scholarly, and topical materials, in addition to the traditional cases, statutes, and regulations. Problems in every chapter help to develop issues raised in the text.
African-American Perspectives on Common Struggles: Benefits for African Americans Comparing their Struggle with Dalit Liberation Efforts
Kevin D. Brown
Professor Brown's contribution to this volume is the chapter titled, "African-American Perspectives on Common Struggles: Benefits for African-Americans Comparing their Struggle with Dalit Liberation Efforts."
David Gamage and Michael A. Livingston
The new third edition of Taxation: Law, Planning, and Policy, Third-Edition, has been updated to reflect current law and has been condensed and streamlined to offer a smoother overall teaching experience. The new edition retains the book's focus on introducing students to tax planning dynamics as well as tax law and policy.
The book places a strong emphasis on planning and policy, not as an adjunct to the more common legal materials, but as part of an integrated pedagogic approach. Each case or group of cases is followed by three different sets of problems—Using the Sources, Law and Planning, and Politics and Policy—which are designed to develop the student's law, planning, and policy analysis skills on a systematic basis. Excerpts from leading law review articles are included in each chapter so that students can understand for themselves the basic issues in tax policy and legislation.
The book emphasizes current concerns in tax law and policy and issues and problems that are likely to confront the next generation of tax practitioners and policy-makers. Thus, substantial space is devoted to the new breed of tax shelters; the tax treatment of gay and unmarried couples; and the relationship of taxes to health, retirement, and environmental policy, without sacrificing the "classic" cases that are the backbone of any tax book.
A complete set of teaching materials—including lecture notes, slides, and other supplementary materials and handouts—are available in the teacher's manual.
Charles G. Geyh
Judicial Disqualification: An Analysis of Federal Law outlines the statutory framework of federal judicial disqualification law under statutes 28 U.S.C. §§ 455, 144, 47, and 2106. The monograph revises and expands on the previous editions, and analyzes the case law, with a focus both on substantive disqualification standards and procedural requirements.
Feisal Amin Istrabadi and Sumit Ganguly Professor
The Islamic State (best known in the West as ISIS or ISIL) has been active for less than a decade, but it has already been the subject of numerous histories and academic studies—all focus primarily on the past. The Future of ISIS is the first major study to look ahead: what are the prospects for the Islamic State in the near term, and what can the global community, including the United States, do to counter it?
Edited by two distinguished scholars at Indiana University, the book examines how ISIS will affect not only the Middle East but the global order. Specific chapters deal with such questions as whether and how ISIS benefitted from intelligence failures, and what can be done to correct any such failures; how to confront the alarmingly broad appeal of Islamic State ideology; the role of local and regional actors in confronting ISIS; and determining U.S. interests in preventing ISIS from gaining influence and controlling territory.
Given the urgency of the topic, The Future of ISIS is of interest to policymakers, analysts, and students of international affairs and public policy.
Mark D. Janis
Professor Janis' contribution, Chapter 10, is titled: "US Design Patent Law: A Historical Look at the Design Patent/Copyright Interface." It is co-authored by Jason J. Du Mont
Mark D. Janis and Graeme B. Dinwoodie
The many strands of trademark and unfair competition doctrine are organized into a coherent conceptual framework consisting of a brief examination of foundational concepts, followed by thorough treatments of the law on (1) the creation of trademark rights; and (2) the scope & enforcement of trademark rights and some related causes of action. The traditional case-and-note format is enhanced by problems that help students understand intricate key topics. Trademarks and Unfair Competition features many issues related to online commerce, such as cybersquatting, keyword advertising, the relationship between trademarks and domain names, 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.
New to the 5th Edition:
- the Tam and Brunetti decisions striking down the scandalousness and disparagement bars to registration
- extensive coverage of recent case developments on expressive uses of marks in political and artistic contexts
- the Belmora decision on well-known marks and developments on extraterritorial application of the Lanham Act.
- coherent conceptual framework clearly delineating creation of rights and enforcement of rights issues
- traditional case-and-note format, enhanced by problems
- thorough coverage of trademark issues arising in online commerce
- integrated coverage of international and domestic doctrine
- thorough treatment of trade dress protection, integrated with issues of word mark protection
Maggie Kiel-Morse, Amy Brchfield, Brian Cassidy, Lauren Collins, Beth Farrell, Laura Ray, and Lisa Smilnak
This bibliography is a revised and updated version of the 1986 publication, STATE DOCUMENTS BIBLIOGRAPHY: OHIO, compiled by Christine Alice Corcos. As with the earlier publication, this bibliography was prepared for the American Association of Law Libraries' Government Document Special Interest Section series, State Bibliographies. The series is published in partnership with William S. Hein & Co., and is available both in print and electronically.
The purpose of this bibliography is to provide a starting place for Ohio legal research. The bibliography covers Ohio primary law sources: the Constitution, legislative, executive and judicial branch materials, and local government law. A selection of Ohio's many practice treatises, form books, journals, and other analytical materials are covered in the section on secondary sources. Law libraries and archives are listed in the final section.
Free online access to the materials in this bibliography is noted where such access is available and official or accurate. Additionally, Westlaw, Lexis, Bloomberg Law and other database access is noted where applicable. Print materials are listed throughout the bibliography.
Jayanth K. Krishnan
Can Western-based, English-speaking, common law commercial courts operate successfully in an environment that are not their own—such as in the Middle East? This question is not a simple thought experiment but rather the reality that has occurred since the mid-2000s in the Emirate of Dubai. This monograph recounts the history of how the ‘Dubai International Financial Centre Courts’ emerged. Drawing on extensive interviews with key stakeholders involved in the process, along with rich original documents as well as all of the Courts’ judgments, this narrative offers important lessons for those seeking to understand more fully the complex interplay of how law, legal institutions and legal and political actors operate in today’s globalised world.
Leandra Lederman and Stephen W. Mazza
This casebook teaches the mechanics of tax procedure, while stimulating students to think about the broader issues that underlie its structural framework. Tax Controversies: Practice and Procedure begins with an overview of civil tax procedure and an in-depth discussion of the federal tax gap and the many approaches to closing it. Several of the next chapters focus on stages in the chronology of a typical tax controversy, from examination through eventual litigation. Two chapters focus on tax research and representing tax clients, and another chapter addresses ethics issues in tax cases. An underlying theme—the extent to which the current procedural rules encourage or discourage voluntary compliance with the federal tax system—runs throughout the book.
• Suitable for J.D. or LL.M. students, or for use in a tax clinic.
• Each casebook chapter includes theory questions and a set of fact-based problems to encourage strategic thinking. Several chapters include optional drafting problems.
• Teacher’s Manual provides detailed answers to the problem sets, suggests approaches to the material, and highlights topics more suitable for an advanced course.
• This edition is thoroughly updated to reflect developments in the law since the previous edition.
• Separate Documents Volume, Tax Controversies: Statutes, Regulations, and Other Materials, is also available.
Professor Lubin's contribution is "Cyber Law and Espionage Law as Communicating Vessels," pp. 203-225.
Existing legal literature would have us assume that espionage operations and “below-the-threshold” cyber operations are doctrinally distinct. Whereas one is subject to the scant, amorphous, and under-developed legal framework of espionage law, the other is subject to an emerging, ever-evolving body of legal rules, known cumulatively as cyber law. This dichotomy, however, is erroneous and misleading. In practice, espionage and cyber law function as communicating vessels, and so are better conceived as two elements of a complex system, Information Warfare (IW). This paper therefore first draws attention to the similarities between the practices – the fact that the actors, technologies, and targets are interchangeable, as are the knee-jerk legal reactions of the international community. In light of the convergence between peacetime Low-Intensity Cyber Operations (LICOs) and peacetime Espionage Operations (EOs) the two should be subjected to a single regulatory framework, one which recognizes the role intelligence plays in our public world order and which adopts a contextual and consequential method of inquiry. The paper proceeds in the following order: Part 2 provides a descriptive account of the unique symbiotic relationship between espionage and cyber law, and further explains the reasons for this dynamic. Part 3 places the discussion surrounding this relationship within the broader discourse on IW, making the claim that the convergence between EOs and LICOs, as described in Part 2, could further be explained by an even larger convergence across all the various elements of the informational environment. Parts 2 and 3 then serve as the backdrop for Part 4, which details the attempt of the drafters of the Tallinn Manual 2.0 to compartmentalize espionage law and cyber law, and the deficits of their approach. The paper concludes by proposing an alternative holistic understanding of espionage law, grounded in general principles of law, which is more practically transferable to the cyber realm
Politics, Power Dynamics, and the Limits of Existing Self-Regulation and Oversight in ICC Preliminary Examinations
Professor Lubin's contribution to volume 2 is titled, "Politics, Power Dynamics, and the Limits of Existing Self-Regulation and Oversight in ICC Preliminary Examinations," pp. 77-150.
Should the normative framework that governs the International Criminal Court’s (‘ICC’) oversight concerning preliminary examinations undergo a reform? The following chapter answers this question in the affirmative, making the claim that both self-regulation by the Office of the Prosecutor (‘OTP’) and quality control by the Pre-Trial Chamber (‘PTC’) currently suffer from significant deficiencies, thus failing to reach the optimum point on the scale between absolute prosecutorial discretion and absolute control. The chapter demonstrates some of these inadequacies using the example of the preliminary examination concerning the situation in Palestine. The chapter first maps out the legal structures and mechanisms that regulate the preliminary examination stage. The chapter then explores a number of key areas in which the OTP has considerable independence, and concerning which sufficient quality control is critical to ensuring the legitimacy of the preliminary examination process, and of the Court itself. This review includes an analysis of the Court’s potential for politicization, the problems faced by the OTP when attempting to articulate generalized prioritization policies and exit strategies, the regulation of evidentiary standards at the preliminary examination stage, and the role of transparency in the preliminary examination process. The chapter concludes with four suggestions for potential reform of the existing control mechanisms over prosecutorial discretion in preliminary examinations: (1) re-phasing of the preliminary examination phase and the introduction of a Ganttbased review process and a sliding scale of transparency requirements; (2) redefinition of the relationship between the OTP and PTC at the preliminary examination stage; (3) redrafting the existing OTP policy papers on Preliminary Examinations and Interests of Justice, as well as adopting a new policy paper on Evidence, Evidentiary Standards, and Source Analysis; and (4) introducing a ‘Committee of Prosecutors’ as a new external control mechanism
Donna M. Nagy
Professor Nagy's contribution is "Congressional Officials and the Fiduciary Duty of Loyalty : Lessons from Corporate Law."