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Full-Text Articles in Law

External Forces, Internal Dynamics: Foreign Legal Actors And Their Impact On Domestic Affairs (Book Review), Jayanth K. Krishnan, Vitor M. Dias, Martin Hevia Jan 2016

External Forces, Internal Dynamics: Foreign Legal Actors And Their Impact On Domestic Affairs (Book Review), Jayanth K. Krishnan, Vitor M. Dias, Martin Hevia

Articles by Maurer Faculty

This Review examines the influence of foreign legal actors on jurisdictions that are not their own. Rachel Stern, a scholar of China, reflects on this point in her groundbreaking book published in 2013. In her penultimate chapter, Stern discusses how such foreign legal actors wield influence in China because of their presence on the ground. Building off of Stern's research, this Review proceeds to ask whether foreign legal actors can influence a domestic environment when that environment prohibits them from permanently working there. The analysis below will suggest so, arguing that the forces of globalization can enable foreign legal …


Book Review. Locating U.S. Government Information Handbook, 3rd Ed. By E. Herman And T. Belniak, Jennifer Morgan Jan 2016

Book Review. Locating U.S. Government Information Handbook, 3rd Ed. By E. Herman And T. Belniak, Jennifer Morgan

Articles by Maurer Faculty

No abstract provided.


Booker's Ironies, Ryan W. Scott Jan 2016

Booker's Ironies, Ryan W. Scott

Articles by Maurer Faculty

No abstract provided.


An Innovative Matrix For Dispute Resolution: The Dubai World Tribunal And The Global Insolvency Crisis, Jayanth K. Krishnan, Harold Koster Jan 2016

An Innovative Matrix For Dispute Resolution: The Dubai World Tribunal And The Global Insolvency Crisis, Jayanth K. Krishnan, Harold Koster

Articles by Maurer Faculty

This study examines a legal experiment that occurred during the height of the global financial crisis. As markets from the United States to Europe to the Global South shook, one country – the United Arab Emirates – found itself on the brink of economic collapse. In particular, in 2009 the U.A.E’s Emirate of Dubai was contemplating defaulting on $60 billion of debt it had amassed. Recognizing that such a default would have cataclysmic reverberations across the globe, Dubai’s governmental leaders turned to a small group of foreign lawyers, judges, accountants, and business consultants for assistance. Working in a coordinated fashion, …


Creative Assessment: Connecting Legal Research Training And Instruction To Results (Review Of Aall Program), Kimberly Mattioli Oct 2015

Creative Assessment: Connecting Legal Research Training And Instruction To Results (Review Of Aall Program), Kimberly Mattioli

Articles by Maurer Faculty

As academic law librarians, we should all be concerned with identifying whether our students are meeting AALL’s Principles and Standards for Legal Research Competency. I was excited to attend this session on Creative Assessment so that I could learn new ways in which librarians can evaluate their students to see if they are adequately trained in these core competencies. The panelists were Pamela Rogers Melton, Associate Director for Administration at the University of South Carolina, Gail Partin, Interim Director at the Dickinson School of Law Library, and Barbara Gabor, Senior Research and Reference Specialist at WilmerHale.


Annual Report Of The Indiana University Maurer School Of Law Digital Repository, 2014/15, Richard Vaughan Sep 2015

Annual Report Of The Indiana University Maurer School Of Law Digital Repository, 2014/15, 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. Highlights include lists of the most downloaded documents and a complete statistical analysis of all uploads and downloads.


Advantages Of A Polycentric Approach To Climate Change Policy, Daniel H. Cole Jan 2015

Advantages Of A Polycentric Approach To Climate Change Policy, Daniel H. Cole

Articles by Maurer Faculty

Lack of progress in global climate negotiations has led scholars to reconsider polycentric approaches to climate policy. Several examples of subglobal mechanisms to reduce greenhouse-gas emissions have been touted, but it remains unclear why they might achieve better climate outcomes than global negotiations alone. Decades of work conducted by researchers associated with the Vincent and Elinor Ostrom Workshop in Political Theory and Policy Analysis at Indiana University have emphasized two chief advantages of polycentric approaches over monocentric ones: they provide more opportunities for experimentation and learning to improve policies over time, and they increase communications and interactions — formal and …


Review Of Covering The United States Supreme Court In The Digital Age, Susan David Demaine Jan 2015

Review Of Covering The United States Supreme Court In The Digital Age, Susan David Demaine

Articles by Maurer Faculty

No abstract provided.


Rubin V. Islamic Republic Of Iran, 1997-2015, Gabrielle Goodwin Jan 2015

Rubin V. Islamic Republic Of Iran, 1997-2015, Gabrielle Goodwin

Articles by Maurer Faculty

The case of Rubin v. Islamic Republic of Iran reads like a blockbuster movie with an all-star cast. A terrorist organization blows up a crowded shopping mall in Jerusalem, killing and injuring Americans in the process. Some of those severely injured sue the nation of Iran for their part in supporting Hamas, who carried out the bombing. Iran never makes a court appearance, so the plaintiffs win a default judgment for hundreds of millions of dollars. However, in trying to get some money out of Iran, the plaintiffs try to attach property in the United States, which may or may …


Hacking The Wealth Of Nations: Managing Markets Amid Malware, David P. Fidler Jan 2015

Hacking The Wealth Of Nations: Managing Markets Amid Malware, David P. Fidler

Articles by Maurer Faculty

No abstract provided.


Preventing Government Shutdowns: Designing Default Rules For Budgets, David Gamage, David Scott Louk Jan 2015

Preventing Government Shutdowns: Designing Default Rules For Budgets, David Gamage, David Scott Louk

Articles by Maurer Faculty

In nearly every area of law and governance, default policies exist when lawmakers cannot pass new legislation — typically, the status quo simply remains in effect. To its detriment, U.S. budget making at both the state and federal levels lacks effective defaults. If a new budget isn’t passed by year end, there is no budget, and the government shuts down. This lack of defaults, coupled with a dysfunctional era of budgetary politics, has led to a number of recent high-profile and costly state and federal government shutdowns at the state and federal levels.

To date, legal scholarship has failed to …


Improving Economic Sanctions In The States, Jessica M. Eaglin Jan 2015

Improving Economic Sanctions In The States, Jessica M. Eaglin

Articles by Maurer Faculty

No abstract provided.


Reducing Racial And Ethnic Disparities In Jails: Recommendations For Local Practice, Jessica M. Eaglin, Danyelle Solomon Jan 2015

Reducing Racial And Ethnic Disparities In Jails: Recommendations For Local Practice, Jessica M. Eaglin, Danyelle Solomon

Articles by Maurer Faculty

People of color are overrepresented in our criminal justice system. One in three African American men born today will be incarcerated in his lifetime. In some cities, African Americans are ten times more likely to be arrested when stopped by police. With the national debate national focused on race, crime, and punishment, criminal justice experts are examining how to reduce racial disparities in our prisons and jails, which often serve as initial entry points for those who become entangled in the criminal justice system.

This report, which relies on input from 25 criminal justice leaders, pinpoints the drivers of racial …


Indiana's Government Information Day Focuses On Change, Access & Continuity, Jennifer Morgan, Sally Holterhoff Jan 2015

Indiana's Government Information Day Focuses On Change, Access & Continuity, Jennifer Morgan, Sally Holterhoff

Articles by Maurer Faculty

No abstract provided.


The 2014 Leadership Academy: Six Months Out - How Are Participants Using What They Learned?, Susan David Demaine Nov 2014

The 2014 Leadership Academy: Six Months Out - How Are Participants Using What They Learned?, Susan David Demaine

Articles by Maurer Faculty

“If your actions inspire others to dream more, learn more, do more and become more, you are a leader.” – John Quincy Adams

These wise words were one of many lessons that the attendees of the 2014 AALL Leadership Academy took home with them following two full days of hands-on learning this past April. Now, a little more than six months later, Spectrum catches up with a few of the Academy attendees to find out how they are using what they learned and the ways that the Academy has affected their professional (and personal) lives.


From Disability To Usability In Online Instruction, Susan David Demaine Oct 2014

From Disability To Usability In Online Instruction, Susan David Demaine

Articles by Maurer Faculty

This article is a primer on the work needed to ensure accessibility in online instruction. It discusses different disabilities, reviews relevant laws and standards, and explores the relationship between accessibility and the principles of universal design. The article introduces a number of best practices for creating accessibility in online instruction.


Learning From Lin: Lessons And Cautions From The Natural Commons For The Knowledge Commons, Daniel H. Cole Sep 2014

Learning From Lin: Lessons And Cautions From The Natural Commons For The Knowledge Commons, Daniel H. Cole

Articles by Maurer Faculty

No abstract provided.


Book Review. Somin, Ilya, Democracy And Political Ignorance: Why Smaller Government Is Smarter, Steve Sanders Jul 2014

Book Review. Somin, Ilya, Democracy And Political Ignorance: Why Smaller Government Is Smarter, Steve Sanders

Articles by Maurer Faculty

No abstract provided.


Learning Leadership, Susan David Demaine Apr 2014

Learning Leadership, Susan David Demaine

Articles by Maurer Faculty

It is hard to talk about leadership without sounding clichéd, but it truly was “a dark and stormy night” that began my recent tr ip to the American Association of Law Libraries’ 2014 Leadership Academy. Fortunately, although the rainy drive to Chicago seemed an ill omen, the Leadership Academy turned out to be engaging, instructive, and replete with networking opportunities.


Book Review. Deficits, Debt, And The New Politics Of Tax Policy By Dennis S. Ippolito, Ajay K. Mehrotra Jan 2014

Book Review. Deficits, Debt, And The New Politics Of Tax Policy By Dennis S. Ippolito, Ajay K. Mehrotra

Articles by Maurer Faculty

No abstract provided.


Grappling At The Grassroots: Access To Justice In India's Lower Tier, Jayanth K. Krishnan, Shirish N. Kavadi, Azima Girach, Dhanaji Khupkar, Kilindi Kokal, Satyajeet Mazumdar, Nupar, Gayatri Panday, Aatreyee Sen, Aqseer Sodhi, Bharati Takale Shukla Jan 2014

Grappling At The Grassroots: Access To Justice In India's Lower Tier, Jayanth K. Krishnan, Shirish N. Kavadi, Azima Girach, Dhanaji Khupkar, Kilindi Kokal, Satyajeet Mazumdar, Nupar, Gayatri Panday, Aatreyee Sen, Aqseer Sodhi, Bharati Takale Shukla

Articles by Maurer Faculty

From 2010 to 2012, a team of academic and civil society researchers conducted extensive ethnographies of litigants, judges, lawyers, and courtroom personnel within multiple districts in three states: Maharashtra, Gujarat, and Himachal Pradesh. This Article provides an in-depth account of the everyday struggles these actors face in the pursuit of their respective objectives. The findings illustrate a complex matrix of variables-including infrastructure, staffing, judicial training and legal awareness, costs and continuances, gender and caste discrimination, power imbalances, intimidation and corruption, miscellaneous delays, and challenges with specialized forums-impact access to justice in the lower tier. The results of this study offer …


Not Just For Scouting Anymore: Digital Badges For Legal Research Skills, Alcasid Hannah, Susan David Demaine, Catherine A. Lemmer, Benjamin J. Keele Jan 2014

Not Just For Scouting Anymore: Digital Badges For Legal Research Skills, Alcasid Hannah, Susan David Demaine, Catherine A. Lemmer, Benjamin J. Keele

Articles by Maurer Faculty

No abstract provided.


Alumni Services: Strategies For Keeping The Law Library's Doors Open After Graduation, Michelle M. Trumbo Jan 2014

Alumni Services: Strategies For Keeping The Law Library's Doors Open After Graduation, Michelle M. Trumbo

Articles by Maurer Faculty

No abstract provided.


Le Cyberspace, C'Est Moi?: Authoritarian Leaders, The Internet, And International Politics, David P. Fidler Jan 2014

Le Cyberspace, C'Est Moi?: Authoritarian Leaders, The Internet, And International Politics, David P. Fidler

Articles by Maurer Faculty

No abstract provided.


The Indiana University Maurer School Of Law Digital Repository: A Snapshot Of The First Two Years (2011/12 & 2012/13), Richard Vaughan Dec 2013

The Indiana University Maurer School Of Law Digital Repository: A Snapshot Of The First Two Years (2011/12 & 2012/13), Richard Vaughan

Digital Repository Annual Reports

A snapshot of the first two years of the Indiana University Maurer School of Law Library Digital Repository. Highlights include lists of the most downloaded documents and a complete statistical analysis of all uploads and downloads. To be published on an annual basis in the future.


The Trouble With Tax Increase Limitations, David Gamage, Darien Shanske Jan 2013

The Trouble With Tax Increase Limitations, David Gamage, Darien Shanske

Articles by Maurer Faculty

In this symposium essay, we explore the theoretical implications of one particular type of fiscal limitation on state legislatures — namely, special Tax Increase Limitation rules (TILs). We argue that there is no meaningful content to the term “tax increase” as used in TILs. This incoherence allows legislative majorities who wish to do so to circumvent TILs. This fact about TILs, among others, explains the observed inefficacy of TILs in shrinking the size of state governments.

Furthermore, TILs are not just harmless political theater. When combined with other common features of state fiscal constitutions, particularly Balanced Budget Requirements (BBRs), they …


Book Review. Tax And Spend: The Welfare State, Tax Politics, And The Limits Of American Liberalism By Molly C. Michelmore, Ajay K. Mehrotra Jan 2013

Book Review. Tax And Spend: The Welfare State, Tax Politics, And The Limits Of American Liberalism By Molly C. Michelmore, Ajay K. Mehrotra

Articles by Maurer Faculty

No abstract provided.


Interdisciplinary Psychology And Law Training In Family And Child Mediation: An Empirical Study Of The Effects On Law Student Mediators, Amy Applegate, Amy Holtzworth-Munroe, Brittany N. Rudd, Ann Freeman, Brian D'Onofrio Jan 2013

Interdisciplinary Psychology And Law Training In Family And Child Mediation: An Empirical Study Of The Effects On Law Student Mediators, Amy Applegate, Amy Holtzworth-Munroe, Brittany N. Rudd, Ann Freeman, Brian D'Onofrio

Articles by Maurer Faculty

There is growing interest in interdisciplinary training programs for law students. The goal of these programs is to prepare law students for the real world interdisciplinary settings they will face in their careers. However, there exists little research to provide evidence of the utility of such training. This study examined the effectiveness of an interdisciplinary psychology and law training program on law students using a multi-method approach (i.e., knowledge tests and focus group discussion). Findings suggest that interdisciplinary training of law students increased law students’ knowledge of law and psychology, was enjoyed by law students, and had a beneficial impact …


Neorehabilitation And Indiana's Sentencing Reform Dilemma, Jessica M. Eaglin Jan 2013

Neorehabilitation And Indiana's Sentencing Reform Dilemma, Jessica M. Eaglin

Articles by Maurer Faculty

No abstract provided.


Against Neorehabilitation, Jessica M. Eaglin Jan 2013

Against Neorehabilitation, Jessica M. Eaglin

Articles by Maurer Faculty

In the face of severe budget constraints, bipartisan calls for reform, dropping crime rates, and judicial intervention, states are seriously considering and implementing criminal justice reform to manage prison populations for the first time in three decades. Scholars agree that states need a guiding theory to transform emergency and short-term reforms into a long-term shift in policy and practice away from mass incarceration. Numerous scholars advocate for a return to an improved theory of rehabilitation to guide the states in implementing such reform. This return-through neorehabilitation, or the rehabilitation of rehabilitation-centers on the use of evidence-based programming and predictive tools …