Recent Additions to the Jerome Hall Law Library: Current

Written by Maurer alumnus Khagesh Gautam (SJD 2021), and inspired by research in the Jerome Hall Law Library, "Cannabis Indica" is a meticulous exposition on the historical and legal status of the Cannabis plant within the territory of India. The narrative traces the journey that the plant has traversed in the statute books and policies starting from the 1600s till date. the book also examines the use of Cannabis in India and other jurisdictions from the social, cultural, spiritual, and medicinal & scientific perspectives. The book is addressed to lawyers, judges, policy-makers, and those interested in the subject.

The principle and practice of pro bono, or volunteer legal services for the poor and other marginalized groups, is an increasingly important feature of justice systems around the world. Pro bono initiatives now exist in more than eighty countries and the list keeps growing. Covering the spread of pro bono across five continents, this book provides a unique data set permitting the first-ever comparative analysis of pro bono's growing role in the access to justice movement. Included is the chapter “The Evolution of Pro Bono Legal Services in Nigeria," co-authored by Maurer professor Jayanth Krishnan and Kunle Ajagbe.

On 31st December 2020, the Brexit transition period ended and the new EU-UK partnership began. "Doing Business After Brexit" discusses the new EU-UK partnership, and the related agreements, looking at the effect these will have on businesses trading with the EU. The book then looks at each area pertinent to running a business and looks at the related advantages and disadvantages that arise from Brexit, e.g. the Brexit Trade and Cooperation Agreement, a new points-based immigration system, and customs and VAT rules on imports and exports.

"You are hereby commanded to be and appear before the Committee on Un-American Activities of the House of Representatives of the United States, or a duly appointed subcommittee thereof, on February 10 (Monday), 1958, at ten o'clock a.m. at City Council Chambers, City Hall, Gary, Indiana, then and there to testify touching matters of inquiry committed to said committee, and not to depart without leave of said committee." So began a decade of hardship for Ed and Jean Yellin and their three young children as the repressive weight of the U.S. government, caught up in the throes of McCarthyism, crashed down upon their careers, their daily household budget, and their relationships to colleagues, neighbors, and their country.

Web-based connections permeate our lives - and so do data breaches. Given that we must be online for basic communication, finance, healthcare, and more, it is remarkable how many problems there are with cybersecurity. Despite the passage of many data security laws, data breaches are increasing at a record pace. In "Breached!" Daniel Solove and Woodrow Hartzog, two of the world's leading experts on cybersecurity and privacy issues, argue that the law fails because, ironically, it focuses too much on the breach itself. This book sets out a holistic vision for data security law - one that holds all actors accountable, understands security broadly and in relationship to privacy, looks to prevention rather than reaction, and is designed with people in mind.

Law plays a key role in determining the level of entrepreneurial action in society. Legal rules seek to define property rights, facilitate private ordering, and impose liability for legal wrongs, thereby attempting to establish conditions under which individuals may act. These rules also channel the development of technology, regulate information flows, and determine parameters of competition. This volume assembles legal experts from diverse fields to examine the role of law in facilitating or impeding entrepreneurial action.

By prohibiting sex discrimination in federally funded education, the 1972 legislation popularly known as Title IX profoundly changed the lives of women and girls in the United States, accelerating a movement for equal education in classrooms, on sports fields, and in all of campus life. Filled with rich characters--from Bernice Resnick Sandler, an early organizer for the law, to her trans grandchild--the story of Title IX is a legislative and legal drama with conflicts over regulations and challenges to the law. It's also a human story about women denied opportunities, students struggling for an education free from sexual harassment, and activists defying sexist discrimination.

"Allow Me to Retort" is an easily digestible argument about what rights we have, what rights Republicans are trying to take away, and how to stop them. Mystal explains how to protect the rights of women and people of color instead of cowering to the absolutism of gun owners and bigots. He explains the legal way to stop everything from police brutality to political gerrymandering, just by changing a few judges and justices. He strips out all of the fancy jargon conservatives like to hide behind and lays bare the truth of their project to keep America forever tethered to its slaveholding past.

Environmental law expert, Maurer alumnus (JD 1964), and Bair Hall namesake, Lowell E. Baier reveals how over centuries the federal government slowly preempted the states' authority over managing their resident wildlife. In doing so, he educates elected officials, wildlife students, and environmentalists in the precedents that led to the current state of wildlife management, and how a constructive environment can be fostered at all levels of government to improve our nation's wildlife and biodiversity.

The COVID-19 pandemic served as a powerful wake-up call, highlighting our collective need for the effective development and equitable distribution of new vaccines. The current models of production and allocation of vaccines against emerging pathogens are largely at odds with public health needs. This book is the first to explore the entire arc of vaccine development and distribution, from the decisions about allocation of vaccine R&D money to allocation and administration of vaccines resulting from the R&D process. It explains key concepts and problems in vaccine regulation, intellectual property, technology transfer, and international relations, making complex material accessible to a non-specialist audience.

A bold call to reclaim an American tradition that argues the Constitution imposes a duty on government to fight oligarchy and ensure broadly shared wealth. Oligarchy is a threat to the American republic. When too much economic and political power is concentrated in too few hands, we risk losing the "republican form of government" the Constitution requires. Today, courts enforce the Constitution as if it had almost nothing to say about this threat. But as Joseph Fishkin and William Forbath show in this revolutionary retelling of constitutional history, a commitment to prevent oligarchy once stood at the center of a robust tradition in American political and constitutional thought.

This book looks at how the language of the law has changed over time, and how this has empowered judges. In particular it looks at how this has empowered judges to rule against governments. By machine reading 60,556,672 words of legislation, and analyzing 7,469 country years, this book uncovers changing patterns in the language of laws. In addition to this wide angle, a tight focus on five countries -- Canada, France, Germany, the UK and the US -- reveals the effects of changing legal language on policy power for judges. With this new perspective and new data, the book explains how and why judges have become more actively involved in public policy disputes on such sensitive topics as abortion, human rights and terrorism.

This book charts the path to revitalization for trade unions in Australia, the USA, the UK, and Italy. It examines the examples of innovation and digital campaigning that are enabling unions to build new forms of worker power - and overcome decades of declining membership wrought by neoliberalism, globalization, and hostility from employers and the state. The study evaluates the responses of unions in each country to falling membership levels since the 1980s. It considers the US 'organizing model' and its adoption in Australia and the UK, comparing this with the strategies of Italian unions which have been more deliberately focused on precarious and migrant workers.

Provides up-to-date, annotated bibliographies of the basic legal practice tools for each of the fifty states and the District of Columbia in a single, easily accessible source. Each bibliography is current within a few months of its publication and includes cases, statutes, administrative materials, law-related periodicals, encyclopedias, and treatises. Both print and electronic resources are listed. Essential for anyone conducting state law research. Includes a chapter on Indiana Materials co-authored by the Jerome Hall Law Library’s Susan DeMaine, John Moreland, and IU graduate Emma Kearney.

"Law School Exams: A Guide to Better Grades” is the complete handbook for students seeking to improve their performance in law school. This book offers a concise and practical strategy that can be applied to almost any law school exam, regardless of topic or level. Alex Schimel is a Lecturer-in-Law at the University of Miami and a leading expert on law school academic success. The new edition offers unique insights by reducing the exam format to a series of repeatable steps. It also teaches students how to prepare for exams, instead of preparing for class, with proven time-management and outlining techniques.

In “The Wounded Attorney,” Young and Packman provide keen insight and commentary into how psychological disorders manifest in attorneys. Attorneys experience an alarming rate of mental health challenges yet mental health and substance abuse issues often go unnoticed by colleagues and are unacknowledged by attorneys themselves. As both attorneys and psychologists, the uniquely qualified Young and Packman explore how mental health issues appear in the legal profession. The authors urge for an overhaul of the current framework of attorney discipline and construct a compelling argument for a therapeutic approach that destigmatizes mental health issues.

This is the first scholarly study of the history of the right to bear and carry arms outside of the home, a right held dear by Americans before, during, and after the Founding period; it rebuts attempts by anti-gun advocates to rewrite history and "cancel" the Founding generation's lived experiences bearing firearms. Halbrook's scholarly work is an exhaustive historical treatment of the fundamental, individual right to carry firearms outside of the home. He traces this right from its origins in England through American colonial times, the American Revolution, the Constitution's ratification debates, and then through the antebellum and post-bellum periods, including the history surrounding the enactment of the Fourteenth Amendment to the U.S. Constitution.

By re-writing US Supreme Court opinions that implicate critical dimensions of racial justice, “Critical Race Judgments” demonstrates that it's possible to be judge and a critical race theorist. Features Maurer Professor Luis Fuentes-Rohwer’s "509 U.S. 630 Supreme Court of the United States Ruth O. SHAW, et al., Appellants v. Janet RENO, Attorney General, et al." co-authored by Guy-Uriel Charles. This work is essential for everyone who needs to understand why critical race theory must be deployed in constitutional law to uphold and advance racial justice principles that are foundational to US democracy.

The Credentialed Court” examines the exceptional and varied lives of past greats from John Marshall to Thurgood Marshall and asks how many, if any, of these giants would be nominated today. The book argues against our current bookish and narrow version of meritocracy. Healthier societies offer multiple different routes to success and onto bodies like our Supreme Court. The book combines two massive empirical studies of every Justice's background from John Jay to Amy Coney Barrett with short, readable bios of past greats to demonstrate that today's Justices arrive on the Court with much narrower experiences than they once did.

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. Co-written by Maurer’s own Aviva Orenstein, this volume can serve as background for beginning students and as a one-stop refresher for those taking advanced courses.

The toll on our mental health is an accepted characteristic of law school life coupled with a sense of pride in the belief that law school must be an overwhelming ordeal to prepare us adequately for the legal profession. But it does not have to be this way. Happiness is not an elusive dream of a distant future depending on the sacrifices we make today. We are endowed with the ability to be happy right here and now, and for that, we depend on nothing and no one.This book serves as an anchor for law students and lawyers. It dismantles specific thought patterns that education fosters so that we can find happiness in and beyond the law, not tomorrow, but today.

As a social process that places great stock in its stability and predictability, law does not deal easily or well with change. In a modern world that is in a constant and rapid state of flux, law is being placed under considerable stress in its efforts to fulfil its task as a primary regulator of social and economic behavior. This challenge is particularly acute in the realm of technology and its profound ramifications for social and economic behavior. The innovative Techno-Age not only offers fresh ways of handling old problems, but also throws up entirely new problems; traditional ways of thinking about and responding to these old and new problems and their optimal resolution are no longer as tenable as many once thought. One such example is the burgeoning world of cryptocurrencies.

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. 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 Maurer's own Professor Joe Hoffmann, 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.

This book investigates the extent to which various scholarly labels are appropriate for the work of Oliver Wendell Holmes, Jr. Each of the eight chapters investigates one label, analyzes the secondary texts that support the use of the term to characterize Holmes's philosophy, and takes a stand on whether or not the category is appropriate for Holmes by assessing his judicial and nonjudicial publications, including his books, articles, and posthumously published correspondences. The thrust of the collection as a whole, nevertheless, bends toward the stance that Holmes is a pragmatist in his jurisprudence, ethics, and politics.

The Bill of Rights and Civil War Amendments created a triangular power struggle among state, nation and individual. Using chronological court cases, this book examines how the Supreme Court became arbiter among the three claimants to power, sometimes backtracking and sometimes taking a bold leap forward. Focusing on Justice Rehnquist's lengthy term on the Supreme Court, Seitz examines the growth and emphasis of individual sovereignty throughout the 20th century. Highlighting some of the dispositional problems with Rehnquist decisions, the book uses the sustainable case law standard instead of applauding either conservative or liberal point of view which provides new vantage points on topics like equal protection of women, due process in several arenas, contracts, free speech, sex, and guns.

Maurer Professor of Law Charlie Geyh, 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 edition, and analyzes the case law, with a focus both on substantive disqualification standards and procedural requirements. An electronic version of this title is available in the Maurer Digital Repository, see https://iucat.iu.edu/catalog/18569579

The Pretrial Process addresses issues associated with basic civil litigation tasks such as drafting pleadings, interviewing/counseling clients, developing facts, preparing interrogatories, taking depositions, and filing motions. Co-authored by Maurer Professor Emeritus Alex Tanford, this book covers all stages of pretrial litigation comprehensively, pragmatically, and succinctly without being over-simplified. This book will be useful both to clinical students working on their first cases and to classroom students expecting an intellectually satisfying law school experience.

Through comparing plea bargaining court decisions with the actual ways in which guilty pleas come about, this book illustrates not just the dishonesty of the judicial approach to issues arising from plea bargaining, but also the damage that such dishonesty causes. Grossman discusses other important aspects of plea bargaining such as types of guilty pleas, the impact of systemic racism in plea bargaining and the applicability of contract law principles to plea agreements. The negotiation of a disposition in a criminal case is a human process. This book examines the law of plea bargaining without ever losing sight of this critical perspective. It offers suggestions for how prosecutors, defense attorneys, judges and the criminal justice system itself can make the plea bargaining system fairer and more transparent.

Talking International Law challenges the realist assumption that legal argumentation is largely inconsequential. Addressing a gap in scholarship within international law and international relations theory, this book provides a comprehensive analysis of why it occurs, how, where, and to what effect by exploring the phenomenon in a range of issue areas, from security and human rights, to the environment, trade, and intellectual property. Diplomats and other governmental actors are the principal participants in international legal discourse, but intergovernmental officials, non-governmental organizations, academics, corporations, and even non-state armed groups also engage in "law talk."

With over 40 million people still enslaved around the world, this book takes a closer look at the role of culture in society and how certain practices, beliefs or behaviors may be fueling human trafficking beyond what the law can curtail. The study reveals cultural elements that conflict with existing anti-human trafficking laws across three case studies (United States, India and Costa Rica). There is no simple answer or a single solution to stop or significantly reduce the crime, but a pragmatic, multi-disciplinary, and human rights approach to the problem may bring to light that, efforts to curtail human trafficking will be in vain if we rely on law alone.