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Articles 1 - 30 of 201
Full-Text Articles in Entire DC Network
Vol. 29, No. 15 (December 12, 2005)
Vol. 29, No. 14 (December 5, 2005)
Vol. 4, No. 01 (December 2005)
Vol. 29, No. 13 (November 28, 2005)
Vol. 29, No. 12 (November 21, 2005)
Vol. 29, No. 11 (November 14, 2005)
Vol. 29, No. 10 (November 7, 2005)
Vol. 29, No. 09 (October 31, 2005)
Vol. 29, No. 08 (October 24, 2005)
Vol. 29, No. 07 (October 10, 2005)
Vol. 29, No. 06 (October 3, 2005)
Vol. 3, No. 09 (October/November 2005)
Federalism, The Commerce Clause, And The Constitutionality Of The Unborn Victims Of Violence Act Of 2004, Ryan R. Wilmering
Federalism, The Commerce Clause, And The Constitutionality Of The Unborn Victims Of Violence Act Of 2004, Ryan R. Wilmering
Indiana Law Journal
No abstract provided.
The Community Income Theory Of The Charitable Contributions Deduction, Johnny Rex Buckles
The Community Income Theory Of The Charitable Contributions Deduction, Johnny Rex Buckles
Indiana Law Journal
The charitable contributions deduction, a longstanding yet controversial feature of the Internal Revenue Code, has been justified under subsidy theories and tax-base theories. Focusing on the latter, this Article presents and explains a new tax-base theory in support of the charitable contributions deduction-the community income theory. This theory posits that some income, designated as "community income, " is properly excluded from the personal income tax base because it is more naturally attributed to the community than to the individual members of the community. Adopting the presumption that the community generally should be treated as a tax exempt entity, this Article …
The Kindynamic Theory Of Tort, Christopher P. Guzelian
The Kindynamic Theory Of Tort, Christopher P. Guzelian
Indiana Law Journal
Commentators complain of two major deficiencies in modern tort law: (1) that liability concepts such as "negligence" or "duty " are so vacuously defined as to permit inadvertent subjectivity and error to hinder proper case adjudication, and (2) that tort is too slow in recognizing newly discovered risks and properly compensating nascent classes of injury. We accordingly report on the Kindynamic Theory, an emerging philosophy that overcomes these twin deficiencies and sharpens understanding of poorly articulated tort intuitions
Kindynamics contends that causation is the cornerstone of tort, and that all risks are, at core, causal propositions. Contrary to its many …
The Priest-Penitent Privilege: An Hibernocentric Essay In Postcolonial Jurisprudence, Walter J. Walsh
The Priest-Penitent Privilege: An Hibernocentric Essay In Postcolonial Jurisprudence, Walter J. Walsh
Indiana Law Journal
No abstract provided.
When Mohammed Goes To The Mountain: The Evidentiary Value Of A View, Layne S. Keele
When Mohammed Goes To The Mountain: The Evidentiary Value Of A View, Layne S. Keele
Indiana Law Journal
No abstract provided.
Reconsidering Severe Or Pervasive: Aligning The Standard In Sexual Harassment And Racial Harassment Causes Of Action, Heather L. Kleinschmidt
Reconsidering Severe Or Pervasive: Aligning The Standard In Sexual Harassment And Racial Harassment Causes Of Action, Heather L. Kleinschmidt
Indiana Law Journal
No abstract provided.
Stopping The "Savage Indian" Myth: Dealing With The Doctrine Of Laches In Lanham Act Claims Of Disparagement, Steven R. Latterell
Stopping The "Savage Indian" Myth: Dealing With The Doctrine Of Laches In Lanham Act Claims Of Disparagement, Steven R. Latterell
Indiana Law Journal
No abstract provided.
Forced To Punt: How The Bowl Championship Series And The Intercollegiate Arms Race Negatively Impact The Policy Objectives Of Title Lx, Kevin J. Rapp
Forced To Punt: How The Bowl Championship Series And The Intercollegiate Arms Race Negatively Impact The Policy Objectives Of Title Lx, Kevin J. Rapp
Indiana Law Journal
No abstract provided.
Vol. 29, No. 05 (September 26, 2005)
Vol. 29, No. 04 (September 19, 2005)
Vol. 29, No. 03 (September 12, 2005)
Vol. 29, No. 02 (September 5, 2005)
Vol. 3, No. 08 (September 2005)
Information Security Breaches And The Threat To Consumers, Fred H. Cate
Information Security Breaches And The Threat To Consumers, Fred H. Cate
Articles by Maurer Faculty
No abstract provided.
Vol. 29, No. 01 (August 29, 2005)
Legal Restrictions On Transborder Data Flows To Prevent Government Access To Personal Data: Lessons From British Columbia, Fred H. Cate
Legal Restrictions On Transborder Data Flows To Prevent Government Access To Personal Data: Lessons From British Columbia, Fred H. Cate
Articles by Maurer Faculty
No abstract provided.