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.
Timothy W. Waters
The Milošević Trial - An Autopsy provides a cross-disciplinary examination of one of the most controversial war crimes trials of the modern era and its contested legacy for the growing fields of international criminal law and post-conflict justice.
The international trial of Slobodan Milošević, who presided over the violent collapse of Yugoslavia - was already among the longest war crimes trials when Milošević died in 2006. Yet precisely because it ended without judgment, its significance and legacy are specially contested. The contributors to this volume, including trial participants, area specialists, and international law scholars bring a variety of perspectives as they examine the meaning of the trial's termination and its implications for post-conflict justice. The book's approach is intensively cross-disciplinary, weighing the implications for law, politics, and society that modern war crimes trials create.
The time for such an examination is fitting, with the imminent closing of the Yugoslav war crimes tribunal and rising debates over its legacy, as well as the 20th anniversary of the outbreak of the Yugoslav conflict. The Milošević Trial - An Autopsy brings thought-provoking insights into the impact of war crimes trials on post-conflict justice.
This is the first cross-disciplinary examination of one of the longest, most controversial war crimes trials of the modern era and its contested legacy for the growing fields of international criminal law and post-conflict justice.
Three distinct types of author are brought together in this volume, addressing the interests of three distinct audiences: Actual trial participants, including members of the defense and prosecution; leading scholars of international criminal law; and area studies experts, the last including voices from the former Yugoslavia.
This volume incorporates law, political science, history and others perspectives, placing the trial and its impact in broader context relevant to thinkers and policymakers interested not only in the wars in Yugoslavia, but their practical lessons for other conflicts and other courts.
Susan H. Williams, Steve Sanders, and David C. Williams
In many countries, social differences, such as religion or race and ethnicity, threaten the stability of the social and legal order. This book addresses the role of constitutions and constitutionalism in dealing with the challenge of difference. The book brings together lawyers, political scientists, historians, religious studies scholars, and area studies experts to consider how constitutions address issues of difference across “Pan-Asia,” a wide swath of the world that runs from the Middle East, through Asia, and into Oceania. The book's multidisciplinary and comparative approach makes it unique. The book is organized into five sections, each devoted to constitutional approaches to a particular type of difference – religion, ethnicity/race, urban/rural divisions, language, and gender and sexual orientation – in two or more countries in Pan Asia. The introduction offers a framework for thinking comprehensively about the many ways constitutionalism interacts with difference.
Includes an interdisciplinary analysis of constitutions and difference from the perspectives of law, political science, history, area studies and religious studies.
Examines the issue of constitutions and difference across a wide swath of the world that includes all major religions, countless ethnic and linguistic groups, and a wide range of constitutional systems.
Focuses on constitutions as mechanisms for dealing with difference.
Professor Sanders contribution, co-authored with Sean Dickson, is titled "India, Nepal, and Pakistan: A Unique South Asian Constitutional Discourse on Sexual Orientation and Gender Identity."
Professor David C. Williams' contribution, chapter 5, is titled "Asymmetrical Federalism in Burma."
Despite increasing racial tolerance and national diversity, neighborhood segregation remains a very real problem in cities across America. Scholars, government officials, and the general public have long attempted to understand why segregation persists despite efforts to combat it, traditionally focusing on the issue of “white flight,” or the idea that white residents will move to other areas if their neighborhood becomes integrated. In Hate Thy Neighbor, Jeannine Bell expands upon these understandings by investigating a little-examined but surprisingly prevalent problem of “move-in violence:” the anti-integration violence directed by white residents at minorities who move into their neighborhoods. Apprehensive about their new neighbors and worried about declining property values, these residents resort to extra-legal violence and intimidation tactics, often using vandalism and verbal harassment to combat what they view as a violation of their territory.
Hate Thy Neighbor is the first work to seriously examine the role violence plays in maintaining housing segregation, illustrating how intimidation and fear are employed to force minorities back into separate neighborhoods and prevent meaningful integration. Drawing on evidence that includes in-depth interviews with ordinary citizens and analysis of Fair Housing Act cases, Bell provides a moving examination of how neighborhood racial violence is enabled today and how it harms not only the victims, but entire communities.
By finally shedding light on this disturbing phenomenon, Hate Thy Neighbor not only enhances our understanding of how prevalent segregation and this type of hate-crime remain, but also offers insightful analysis of a complex mix of remedies that can work to address this difficult problem.
The New Black: What Has Changed and What Has Not with Race in America (edited by Kenneth W. Mack and Guy-Uriel Charles)
Jeannine Bell and Luis Fuentes-Rohwer
The election and reelection of Barack Obama ushered in a litany of controversial perspectives about the contemporary state of American race relations. In this incisive volume, some of the country’s most celebrated and original thinkers on race—historians, sociologists, writers, scholars, and cultural critics—reexamine the familiar framework of the civil rights movement with an eye to redirecting our understanding of the politics of race.
Through provocative and insightful essays, The New Black challenges contemporary images of black families, offers a contentious critique of the relevance of presidential politics, transforms ideas about real and perceived political power, defies commonly accepted notions of “blackness,” and generally attempts to sketch the new boundaries of debates over race in America.
Bringing a wealth of novel ideas and fresh perspectives to the public discourse, The New Black represents a major effort to address both persistent inequalities and the changing landscape of race in the new century.
Professor Bell's contribution is titled, "The Puzzles of Racial Extremism in a 'post-racial' World."
Professor Fuentes-Rohwer's contribution is titled, "The Racial Metamorphosis of Justice Kennedy and the Future of Civil Rights."
Color Matters: Skin Tone Bias and the Myth of a Postracial America (edited by Kimberly Jade Norwood)
Kevin D. Brown
In the United States, as in many parts of the world, people are discriminated against based on the color of their skin. This type of skin tone bias, or colorism, is both related to and distinct from discrimination on the basis of race, with which it is often conflated. Preferential treatment of lighter skin tones over darker occurs within racial and ethnic groups as well as between them. While America has made progress in issues of race over the past decades, discrimination on the basis of color continues to be a constant and often unremarked part of life.
In Color Matters, Kimberly Jade Norwood has collected the most up-to-date research on this insidious form of discrimination, including perspectives from the disciplines of history, law, sociology, and psychology. Anchored with historical chapters that show how the influence and legacy of slavery have shaped the treatment of skin color in American society, the contributors to this volume bring to light the ways in which colorism affects us all--influencing what we wear, who we see on television, and even which child we might pick to adopt. Sure to be an eye-opening collection for anyone curious about how race and color continue to affect society, Color Matters provides students of race in America with wide-ranging overview of a crucial topic
A volume in the New Directions in American History series
Professor Brown's contribution, chapter 3, is entitled "The Rise and Fall of the One-Drop Rule: How the Importance of Color Came to Eclipse Race."
Kevin D. Brown
This handbook illustrates how education scholars employ Critical Race Theory (CRT) as a framework to bring attention to issues of race and racism in education. It is the first authoritative reference work to provide a truly comprehensive description and analysis of the topic, from the defining conceptual principles of CRT in the Law that gave shape to its radical underpinnings to the political and social implications of the field today. It is divided into three sections, covering innovations in educational research, policy and practice in both schools and in higher education, and the increasing interdisciplinary nature of critical race research. With 28 newly commissioned pieces written by the most renowned scholars in the field, this handbook provides the definitive statement on the state of critical race theory in education and on its possibilities for the future.
Professor Brown's contribution, chapter 1, is titled "The History and Conceptual Elements of Critical Race Theory."
Fred H. Cate, Peter Cullen, and Viktor Mayer-Schonberger
This paper proposes revisions to the OECD Guidelines that include basic changes essential for the protection of individual privacy in the 21st century, while avoiding unnecessary restrictions on uses of personal information that are increasingly important.
Charles G. Geyh, James J. Alfini, Steven Lubert, and Jeffery M. Shaman
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 fifth 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.
Charles G. Geyh and Gene R. Shreve
This well-established treatise is premised on the assumption that the key to understanding the principles of civil procedure is to know why: why the principles were created and why they are invoked. The treatise is written to answer these questions as it lays out the basic principles of civil procedure. It also reflects the authors' belief that students of civil procedure can understand and appreciate complex principles when they are clearly presented; teaching civil procedure does not require dumbing it down.
The authors use the Federal Rules of Civil Procedure as a model, but they also refer to different state rules and doctrines where appropriate in order to present a representative cross-section of state models. Although they discuss important civil procedure cases in the text, thus supporting the most widely used civil procedure casebooks using these same cases, they also provide useful references to secondary sources and illustrative cases for the reader who wants to explore further.
Part of the LexisNexis Understanding Series.
Charles G. Geyh, Gene R. Shreve, Walter W. Heiser, and Peter Raven Hansen
The California edition expands the latest edition of the well-established treatise Understanding Civil Procedure to explore California's unique approach. Each chapter begins with the federal doctrine, followed by a section on how California approaches the topic. The book is primarily intended as a reference for law school civil procedure students in California. However, its treatment of recent developments may make it useful to some practitioners as well.
The treatise is premised on the assumption that the key to understanding the principles of civil procedure is to know why: why the principles were created and why they are invoked. The treatise is written to answer these questions as it lays out the basic principles of civil procedure. It also reflects the authors' belief that students of civil procedure can understand and appreciate complex principles when they are clearly presented; teaching civil procedure does not require dumbing it down. Although they discuss important civil procedure cases in the text, thus supporting the most widely used civil procedure casebooks using these same cases, they also provide useful references to secondary sources and illustrative cases for the reader who wants to explore further.
Mark D. Janis
This text provides a comprehensive treatment of trademark, unfair competition, and related areas, with international and Internet issues integrated throughout.
Guantánamo and Beyond : Exceptional Courts and Military Commissions in Comparative Perspective (edited by Fionnuala Ní Aoláin and Oren Gross)
Jayanth K. Krishnan
The Military Commissions scheme established by President George W. Bush in November 2001 has garnered considerable national and international controversy. In parallel with the detention facilities at Guantánamo Bay, Cuba, the creation of military courts has focused significant global attention on the use of such courts as a mechanism to process and try persons suspected of committing terrorist acts or offenses during armed conflict. This book brings together the viewpoints of leading scholars and policy makers on the topic of exceptional courts and military commissions with a series of unique contributions setting out the current “state of the field.” The book assesses the relationship between such courts and other intersecting and overlapping legal arenas including constitutional law, international law, international human rights law, and international humanitarian law. By examining the comparative patterns, similarities, and disjunctions arising from the use of such courts, this book also analyzes the political and legal challenges that the creation and operation of exceptional courts produces both within democratic states and for the international community.
- Addresses a highly topical and politically controversial issue.
- Has a strong representation of authors from multiple countries and legal systems.
- Has a valuable contribution to make to policy debates in democratic states concerned with managing terrorism challenges.
Professor Krishnan's contribution, co-written with Viplav Sharma, is titled "Exceptional or Not? An Examination of India's Special Courts in the National Security Context."
Comparative Issues in the Governance of Research Biobanks: Property, Privacy, Intellectual Property, and the Role of Technology (edited by Giovanni Pascuzzi, Umberto Izzo, and Matteo Macilotti)
In the last few years, the boom in biobanking has prompted a lively debate on a host of interrelated legal issues, such as the Gordian knot of the ownership of biological materials, as well as privacy concerns. The latter are due to the difficulty of accepting that biological samples must be completely anonymous without making it practically impossible to exploit their information potential. The issues also include the delicate role and the changing content of the donor’s “informed consent” as the main legal tool that may serve to link the privacy and property interests of donors with the research interests and the set of principles that should be at the core of the biobanking practice. Lastly, the IP issues and the patentability of biological samples as well as the protection of databases storing genetic information obtained from the samples are covered. Collecting eighteen essays written by eminent scholars from Italy, the US, the UK and Canada, this book provides new solutions to these problems. From a comparative viewpoint, it explores the extent to which digital technology may assist in tackling the numerous regulatory issues raised by the practice of biobanking for research purposes. These issues may be considered and analyzed under the traditional paradigms of Property, Privacy, Informed Consent and Intellectual Property.
Professor Mattioli's contribution, co-written with Gideon Parchomovsky, is titled "Quasi-Patents and Semi-Patens in Biobanking."
Making the Modern American Fiscal State: Law, Politics, and the Rise of Progressive Taxation, 1877-1929
Ajay K. Mehrotra
At the turn of the twentieth century, the US system of public finance underwent a dramatic transformation. The late nineteenth-century regime of indirect, hidden, partisan, and regressive taxes was eclipsed in the early twentieth century by a direct, transparent, professionally administered, and progressive tax system. In Making the American Fiscal State, Ajay K. Mehrotra uncovers the contested roots and paradoxical consequences of this fundamental shift in American tax law and policy. He argues that the move toward a regime of direct and graduated taxation marked the emergence of a new fiscal polity - a new form of statecraft that was guided not simply by the functional need for greater revenue but by broader social concerns about economic justice, civic identity, bureaucratic capacity, and public power. Between the end of Reconstruction and the onset of the Great Depression, the intellectual, legal, and administrative foundations of the modern fiscal state first took shape. This book explains how and why this new fiscal polity came to be.
First comprehensive history of the fundamental transformation in American public finance that has given us our current US tax system.
Explores national, state and local efforts at fundamental tax reform at the turn of the twentieth century.
Uses tax law and policy as a vehicle to understand the historical significance of the Gilded Age and Progressive Era.
The Political Economy of Transnational Tax Reform: The Shoup Mission to Japan in Historical Context (edited by W. Elliot Brownlee)
Ajay K. Mehrotra
This volume of essays explores the history of the U.S. tax mission to Japan during the occupation following World War II. Under General MacArthur, economist Carl S. Shoup led the mission with the charge of framing a tax system for Japan designed to strengthen democracy and accelerate economic recovery. The volume examines the sources, conduct, and effects of the mission and situates the mission within the history of international financial and fiscal reform. The book begins by establishing the context of progressive social investigations of taxation, including Shoup's earlier tax missions to France and Cuba. It then goes on to explore the Japanese background to the Shoup mission and the process by which American and Japanese tax experts shaped their recommendations. The book then assesses and explains the mission's accomplishments in the context of the political economies of the United States and Japan. It concludes by analyzing the global implications of the mission, which became iconic among international tax reformers.
Professor Mehrotra's contribution, chapter 2, is entitled, "From Seligman to Shoup: The Early Columbia School of Taxation and Development."
Free Speech in an Internet Era: Papers from the Free Speech Discussion Forum (edited by Clive P. Walker, Russell L. Weaver)
Joseph A. Tomain
The Internet has impacted on the media in many crucial ways. Practices and laws have evolved, and the Internet has even exerted an existential influence over the format and viability of contemporary media outlets. In order to explore this important and on-going interaction, the Fifth Free Speech Discussion Forum assembled in London in 2012, involving a combination of leading scholars and practicing lawyers from North America and Europe. The papers in this collection therefore reflect a rich range of jurisdictions and experiences, with comparative approaches strongly to the fore. Some chapters deal directly with issues around the battles for survival of the established print and broadcast media in an Internet age. The Internet is also having profound effects on the delivery of mass free speech by forcing us to reconsider new approaches to legal designs and practices, especially within the jurisprudence of privacy, defamation, obscenity, and counter-terrorism. At the same time, the Internet must be equally acknowledged as offering considerable advantages for the production and publication of free speech by opening sources of information and channels of communication. Those who ignore the Internet's transformative capacity in the development of media law invite the fate of early redundancy or easy evasion. Thus, the chapters in this book offer original and authoritative insights into core debates around the interactions between the Internet, media, and law.
Professor Tomain's contribution is titled, "Advancing Technology & Aging Democracy."