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Articles 1 - 30 of 203
Full-Text Articles in Entire DC Network
Vol. 51, No. 14 (November 28, 2016)
Vol. 51, No. 13 (November 21, 2016)
Rethinking Article 422: A Retrospective On Ecuador's 2008 Constitutional Isds Recalibration, Alexander B. Avtgis
Rethinking Article 422: A Retrospective On Ecuador's 2008 Constitutional Isds Recalibration, Alexander B. Avtgis
Indiana Journal of Constitutional Design
Is Ecuador’s adoption of Article 422 in the 2008 Constitution properly viewed as a “re-statification”1 of Investor State Dispute Settlement (ISDS)? And, since its implementation, has the constitutional article been effective in institutionally insulating Ecuador from the jurisdictional reach of international ISDS? This paper answers both questions in the negative—but qualifies such an outlook by balancing the drawbacks of Article 422 against its successes. Article 422’s provisions, strident in its attempt to create an alternative development vision, did not achieve all that the Constitution’s drafters had hoped. Nevertheless, in its limited effect of detaching Ecuador from certain ISDS fora, it …
Dean's Desk: A Troubling Focus By The Aba On The Bar Exam, Austen Parrish
Dean's Desk: A Troubling Focus By The Aba On The Bar Exam, Austen Parrish
Austen Parrish (2014-2022)
No abstract provided.
Vol. 51, No. 12 (November 14, 2016)
The Vote Is Precious, Melissa A. Logan
The Vote Is Precious, Melissa A. Logan
Indiana Journal of Law and Social Equality
This Note traces the history of the voter suppression in the United States, connecting present-day efforts to restrict access to the polls to harmful practices of the past. After demonstrating that the United States has never truly fulfilled the promise of the Fifteenth Amendment—that no citizen shall be denied the right to vote based on race, color, or previous condition of servitude—I argue that the federal government must take steps to protect voters from racial discrimination. I propose that Congress can use the power bestowed to it under the Elections Clause to regulate the time, place, and manner of elections …
Vol. 51, No. 11 (November 7, 2016)
Drawing The Line For Democratic Choice: How The Petition Clause Can Restore A Citizen’S Right To Participate In Commission-Driven Redistricting, Mateo Forero
Indiana Journal of Law and Social Equality
In this Article, I argue that commission-driven redistricting (and the “apolitical” process enshrined therein) frustrates a citizen’s right to meaningfully participate in electoral design. This right is fundamental, and has long been safeguarded by the First Amendment’s assertion that “Congress shall make no law . . . abridging . . . the right of the people . . . to petition the Government for a redress of grievances.” Accordingly, I propose that courts use the Petition Clause as a constitutional remedy against rules that abridge substantive public input in commission-driven redistricting. To illustrate this claim, I analyze how one commonly …
The Politics Of Electoral Systems In The Former Yugoslav Republic Of Macedonia, Dardan Berisha
The Politics Of Electoral Systems In The Former Yugoslav Republic Of Macedonia, Dardan Berisha
Indiana Journal of Constitutional Design
The Former Yugoslav Republic of Macedonia (“FYROM”) experienced four major changes to its electoral system in the eight parliamentary elections held between 1990 and 2014. The Macedonian 1990 and 1994 parliamentary elections were held under a majority system, in which 120 members of the Parliament were elected from 120 constituencies, one member per constituency. A mixed-majority/proportional representation (“PR”) system was adopted for the 1998 elections, in which eighty-five seats were elected under the majority system from the constituencies, and thirty-five seats were elected proportionally from a nation-wide electoral district. Yet another system was adopted for the 2002 elections, in which …
Gerrymandering Revisited—Searching For A Standard, Theodore R. Boehm
Gerrymandering Revisited—Searching For A Standard, Theodore R. Boehm
Indiana Journal of Law and Social Equality
No abstract provided.
Evaluating The Legal Issues Of Internet Service Providers In China -- A Comparative Copyright Analysis Of Chinese Isps, The U.S. Isps, And Japanese Isps, Yifan Huang
Maurer Theses and Dissertations
This thesis is motivated by a legal challenge in the area of Chinese copyright protection: Baidu, which was considered a disaster by the copyright owners in China. To solve this legal challenge, the Chinese could learn from the legal experience of Japan and the U.S. regarding this issue.
The traditional ISP legal system provides a passive-reactive approach to the secondary copyright liability of ISPs. However, the Baidu issue in China indicates that a passive-reactive ISP model is not able to prevent copyright infringement. Recent cases in China and the U.S. reflect a new trend that the judicial branch adopts an …
The Lawyers' War: Counterterrorism From Bush To Obama To Trump, Dawn E. Johnsen
The Lawyers' War: Counterterrorism From Bush To Obama To Trump, Dawn E. Johnsen
Articles by Maurer Faculty
No abstract provided.
Vol. 51, No. 10 (October 31, 2016)
Inefficient Inequality, Shi-Ling Hsu
Inefficient Inequality, Shi-Ling Hsu
Indiana Journal of Law and Social Equality
For the past several decades, much American lawmaking has been animated by a concern for economic efficiency. At the same time, broad concerns over wealth and income inequality have roiled American politics, and still loom over lawmakers. It can be reasonably argued that a tension exists between efficiency and equality, but that argument has had too much purchase over the past few decades of lawmaking. What has been overlooked is that inequality itself can be allocatively inefficient when it gives rise to collectively inefficient behavior. Worse still, some lawmaking only masquerades as being efficiency-promoting; upon closer inspection, some of this …
Campus Racial Unrest And The Diversity Bargain, Steven W. Bender
Campus Racial Unrest And The Diversity Bargain, Steven W. Bender
Indiana Journal of Law and Social Equality
No abstract provided.
Vol. 51, No. 09 (October 24, 2016)
Vol. 51, No. 08 (October 17, 2016)
Vol. 51, No. 07 (October 3, 2016)
Annual Report Of The Indiana University Maurer School Of Law Digital Repository, 2015/16, Richard Vaughan
Annual Report Of The Indiana University Maurer School Of Law Digital Repository, 2015/16, Richard Vaughan
Digital Repository Annual Reports
A brief annual report documenting the use and growth of the Indiana University Maurer School of Law, Jerome Hall Law Library, Digital Repository. Includes lists of the most downloaded documents and attached Excel spreadsheets of data.
A Comparative Law Perspective On Intermediaries' Direct Liability In Cloud Computing Context -- A Proposal For China, Shi Xu
Maurer Theses and Dissertations
This dissertation is motivated by two questions: How does the emergence of cloud-computing technology impact major countries’ copyright law regarding the issue of intermediaries’ direct liability? What should Chinese legislature body learn from those countries regarding this issue? Answering the first question lays a foundation for answering the second question.
Usually, a cloud-computing intermediary’s specific activity may possess risk of violating a copyright holder’s right of reproduction, right of communication to the public and right of distribution. Comparatively, that intermediary can raise defenses under the exhaustion doctrine and the fair use doctrine. Analysis on these two topics consists of two …
2016 Distinguished Service Award Program
2016 Distinguished Service Award Program
Distinguished Service Awards
No abstract provided.
Vol. 51, No. 06 (September 26, 2016)
Vol. 51, No. 05 (September 19, 2016)
Vol. 51, No. 04 (September 12, 2016)
Vol. 51, No. 03 (September 5, 2016)
Espionage As A Sovereign Right Under International Law And Its Limits, Asaf Lubin
Espionage As A Sovereign Right Under International Law And Its Limits, Asaf Lubin
Articles by Maurer Faculty
The literature surrounding the international legality of peacetime espionage has so far centered around one single question: whether there exist within treaty or customary international law prohibitive rules against the collection of foreign intelligence in times of peace. Lacking such rules, argue the permissivists, espionage functions within a lotus vacuum, one in which States may spy on each other and on each other's nationals with no restrictions, justifying their behavior through the argumentum ad hominem of "tu quoque." . . .
The Fate Of Armed Resistance Groups After Peace, David C. Williams
The Fate Of Armed Resistance Groups After Peace, David C. Williams
Indiana Journal of Constitutional Design
No abstract provided.