Books & Book Chapters by Maurer Faculty

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  The Problem of 'Misclassification' or How to Define who is an 'Employee' Under Protective Legislation in the Information Age

  Kenneth G. Dau-Schmidt

  Professor Dau Schmidt's contribution is titled, "The Problem of 'Misclassification' or How to Define who is an 'Employee' Under Protective Legislation in the Information Age."

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  Federal Public Lands Policy and the Climate Crisis and Proposed Policy: Sequential Mitigation and Net Conservation Benefit

  Robert L. Fischman

  Professor Fischman's contributions to this colleciton include the sections, "Federal Public Lands Policy and the Climate Crisis" and "Proposed Policy: Sequential Mitigation and Net Conservation Benefit."

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  Judicial Conduct and Ethics, 6th edition

  Charles G. Geyh, James J. Alfini, and James J. Sample

  Judges are expected not simply to decide the law but to exemplify it. In the face of increasing public scrutiny and a welter of new decisions, even the best-intentioned judges can find themselves at a loss. Here is the authoritative, practical guidance you need to ensure judicial activities are irreproachable.
  
  Now in its sixth edition, Judicial Conduct and Ethics has established its reputation as the nation's most definitive guide to the conduct of federal, state, and local judges. The new edition, which keeps pace with recent developments in this fast-evolving field, builds on this tradition.
  
  Setting the stage with an illuminating discussion of the use of power, Judicial Conduct and Ethics addresses the complete spectrum of judicial conduct, including uses and abuses of judicial power, judicial demeanor, disqualification, ex parte communications, case management, financial activities and disclosure, civic and charitable activities, personal conduct, political activities, civil and criminal liability, methods of discipline and removal, and disability and retirement. The book analyzes conduct that will subject judges to discipline under applicable codes of judicial conduct, and offers insights and advice on best practices.
  
  Some of the substantial new material added to this edition include a new section on international judicial ethics and an updated appendix that enables readers to search the work with reference to rules from the 2007 ABA Model Code of Judicial Conduct. Areas that have been substantially revised or expanded include:
  
  • The Appearance of Impropriety
  • Disqualification
  • Regulation of Political Activities in Judicial Elections in light of the U. S. Supreme Court’s decision in Florida Bar v. Williams-Yulee
  • Personal Conduct and Social Media

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  Books That Matter: The Federalist Papers (DVD and Guidebook)

  Joseph L. Hoffmann

  Despite their lack of official or legal status, it would be difficult to overstate the influence of The Federalist Papers. These 85 brilliant essays have served as the single most important guide to the interpretation and application of the United States Constitution for more than 230 years. Authored by Alexander Hamilton, James Madison, and John Jay, The Federalist Papers offer a detailed blueprint for building a successful democratic republic, investigating such topics as:

  • The danger that factions posed in a representative democracy;
  • The balance of power between the federal government and the states (“dual sovereignty”);
  • The way a bicameral legislature would prevent the rise of tyranny; and
  • The roles of the president and the federal judiciary.

  Over the past two centuries, the American government has seen its share of trials and tribulations, and the 21st century has ushered in a host of new crises, from the growing surveillance state to the political polarization exacerbated by social media. Will the American system of government survive the next crisis? Are we still governed by the same system the Framers of the Constitution envisioned? What do they have to tell us about good governance today—or our political future?

  Delve into these questions and more with Books That Matter: The Federalist Papers. Taught by acclaimed professor and legal scholar Joseph L. Hoffmann of the Indiana University Maurer School of Law, these 12 thought-provoking lectures take you back to the hot summer weather of Philadelphia in 1787, when the delegates from the states gathered to revise the Articles of Confederation.

  What emerged from the proceedings was an entirely new Constitution representing an entirely new system of government unlike anything the world had ever seen. As you will learn, the Framers were rightly concerned about whether the 13 largely autonomous states would accept a strong, centralized federal government, and whether such a system could include safeguards to protect against the tyranny they’d just fought a war to overcome.

  To answer these concerns, the authors laid out a bold vision for the new nation, drafting what became essentially the Bible of American government—perhaps America’s most significant contribution to the way that human beings choose to organize their lives, and their societies, in order to fulfill their hopes and pursue their dreams together. Books That Matter: The Federalist Papers surveys this magisterial body of work and takes you inside the strengths—and potential weaknesses—of the American government as it was envisioned in its earliest days.

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  Comprehensive Criminal Procedure, 5ed.

  Joseph L. Hoffmann, Ronald J. Allen, Debra A. Livingston, Andrew D. Leipold, and Tracey L. Meares

  Comprehensive Criminal Procedure, Fifth Edition is perfect 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.

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  Fair use, transformative use and the First Amendment

  Marshall A. Leaffer

  Professor Leaffer's contribution to this volume is titled, "Fair use, transformative use and the First Amendment."

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  Understanding Corporate Taxation, 4th edition

  Leandra Lederman

  This clearly written treatise is designed to make the complex subject of corporate taxation very accessible. It uses straightforward language, charts, checklists, diagrams, and numerous examples to aid readers’ understanding, and the fourth edition is fully updated for the 2017 tax changes and the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). Understanding Corporate Taxation also includes discussion of relevant cases. It is designed to supplement any corporate tax casebook or to be used on its own.

  The book starts with an introductory chapter that discusses the choice of business form; details the general principle that corporate profits are subject to double taxation (once at the corporate level and again at the shareholder level); introduces the Qualified Business Income deduction; and discusses the basics of anti-abuse rules, such as the step-transaction doctrine. Those anti-abuse rules are explored in more detail in a later chapter, as are proposals to partially or fully eliminate double taxation.

  The next several chapters are organized using a cradle-to-grave approach that traces the life cycle of a corporation, beginning with formation and capitalization and ending with liquidation of the corporation. Between those events, the book discusses operational issues, including the capital structure of a corporation, distributions of cash or property, stock redemptions, and stock dividends. After corporate liquidations, the book explores more advanced topics, such as taxable stock or asset acquisitions; non-taxable corporate reorganizations and divisions; the carryover of tax attributes (such as net operating losses) following certain non-recognition transactions; and the treatment of corporate tax shelters. In addition, a chapter addresses the taxation of S corporations, which generally provides a single-tax paradigm. That chapter also discusses the Qualified Business Income deduction in detail, including several examples.

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  Cyber Insurance as Cyber Diplomacy

  Asaf Lubin

  Professor Lubin's contribution to this volume is chapter 2: "Cyber Insurance as Cyber Diplomacy."

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  "Embryo Donation" and "Counselling Prior to Medically Assisted Reproduction"

  Jody L. Madeira

  Professor Madeira's contribution to this volume is chapter 53 "Embryo Donation" and chapter 67 "Counselling Prior to Medically Assisted Reproduction"

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  Balancing AI Bias

  Michael Mattioli

  Professor Mattioli's contribution to this work is chapter 4: "Balancing AI Bias."

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  "Misleading Silence as the Basis for Insider Trading Liability Under the US Federal Securities Laws"

  Donna M. Nagy

  Professor Nagy's contribution to this volume is chapter 15 "Misleading Silence as the Basis for Insider Trading Liability Under the US Federal Securities Laws"

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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.