Books & Book Chapters by Maurer Faculty

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  Judicial Disqualification: An Analysis of Federal Law, Third Edition

  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.

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  The Future of ISIS: Regional and International Implications

  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.

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  US Design Patent Law: A Historical Look at the Design Patent/Copyright Interface

  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

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  Trademarks and Unfair Competition: Law and Policy, 5th edition

  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.

  Key Features:

  • 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

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  State Documents Bibliography: Ohio

  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.

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  The Story of the Dubai International Financial Centre Courts: A Retrospective

  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.

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  Tax Controversies: Practice and Procedure, 4th

  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.

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  Cyber Law and Espionage Law as Communicating Vessels

  Asaf Lubin

  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

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  Politics, Power Dynamics, and the Limits of Existing Self-Regulation and Oversight in ICC Preliminary Examinations

  Asaf Lubin

  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

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  Congressional Officials and the Fiduciary Duty of Loyalty : Lessons from Corporate Law

  Donna M. Nagy

  Professor Nagy's contribution is "Congressional Officials and the Fiduciary Duty of Loyalty : Lessons from Corporate Law."

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  Evidence Law: A Student's Guide to the Law of Evidence as Applied in American Trials, 4ed.

  Aviva Orenstein, Roger C. Park, Dale A. Nance, Steven H. Goldberg, and David P. Leonard

  In clear and engaging prose that makes concepts accessible without oversimplification, this Treatise explains the Federal Rules, selected state variations, major cases, essential doctrines, and important underlying policies. Frequent practical examples drawn from courtroom practice introduce students to courtroom procedure, provide a context in which evidence problems arise, and acquaint them with the language of the courtroom. This volume can serve as background for beginning students and as a one-stop refresher for those taking advanced courses. Professors can assign various sections to track the syllabus or simply recommend this book as useful background reading.

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  Understanding Civil Procedure, 6th edition

  Gene R. Shreve, Peter Raven-Hansen, and Charles G. Geyh

  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. Finally, they also treat thoroughly the most recent developments in personal jurisdiction and electronic discovery, with special attention to the latest rule changes affecting such discovery.

  The resulting treatise is sophisticated, clear, and current, equally accessible and useful to students and practitioners.

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  Legal Ethics, Professional Responsibility, and the Legal Profession

  Gregory C. Sisk, Susan Saab Fortney, Charles G. Geyh, Neil W. Hamilton, William D. Henderson, Vincent R. Johnson, Stephen L. Pepper, and Melissa H. Weresh

  As the legal profession undergoes structural changes, longstanding principles of ethics still govern the day-to-day lives of practicing lawyers. This new Hornbook on professional responsibility provides both a snapshot of ongoing systemic changes and a thorough examination of the fundamentals of lawyer and judicial ethics. As a multi-dimensional work by scholarly experts in several fields, the Hornbook (1) begins with the changing environment in which legal services are provided in the modern economy; (2) continues with a theoretical grounding of legal ethics in moral philosophy; (3) offers empirical evidence and discussion about professional formation and moral development; (4) provides a comprehensive analysis of the law of lawyer ethics; (5) includes a rich discussion of the modern law of legal malpractice, and (6) concludes with exploration of the rules of judicial ethics.

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  Ad Hoc Tribunals: Image, Origins, Pathways, Legacies

  Timothy W. Waters

  Professor Waters' contribution to this volume is chapter 10 "The Ad Hoc Tribunals: Image, Origins, Pathways, Legacies"

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  Addressing the Workplace Effects of Intimate Partner Violence

  Deborah A. Widiss

  Professor Widiss' contribution is titled, "Addressing the Workplace Effects of Intimate Partner Violence."

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  Penser le droit a partir de l'individu: Mélanges en l'honneur d'Élisabeth Zoller

  Elisabeth Zoller

  On the occasion of the retirement of Elisabeth Zoller, tribute must be paid to her talent. Author of remarkable books and articles, she has notably taught international law and comparative constitutional law in the law faculties of Nantes, Angers, Strasbourg, Paris 2 and the United States (Universities of Cornell, Rutgers, Tulane and Indiana-Bloomington).
  
  She also acted as counsel and advocate for the United States Federal Government before the International Court of Justice (notably in the 1971 Interpretation and Application of the 1971 Montreal Convention Case arising from the Lockerbie Air Incident).
  
  From Public International Law (Good Faith in Public International Law, Law of Foreign Relations) to US Law (From Nixon to Clinton, Transatlantic Legal Issues, Great Judgments of the United States Supreme Court, US Law, History presidential government in the United States to name a few), not to mention her textbook on Constitutional Law and that of Introduction to Public Law, her books are unavoidable and have marked generations of students and teacher-researchers .
  
  Whether in her books or numerous articles and chronic, institutional creations(The American Law Center has become the Center of Comparative Public Law at Paris II University - Panthéon-Assas), comparative analysis has never left Elisabeth Zoller, who studies other systems first and foremost to get to know her better.
  
  As has been the case since the teaching of public international law (more exactly, from its course in The Hague in 2002 on the "international aspects of constitutional law"), a very particular problem at a time when The focus was on the state: the right must be thought from the individual. Her colleagues, doctoral students, French and foreign friends offer her this book to show her admiration, respect, gratitude and affection.