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Articles 1 - 30 of 90
Full-Text Articles in Law
Policing The Wombs Of The World's Women: The Mexico City Policy, Samantha Lalisan
Policing The Wombs Of The World's Women: The Mexico City Policy, Samantha Lalisan
Indiana Law Journal
This Comment argues that the Policy should be repealed because it undermines
firmly held First Amendment values and would be considered unconstitutional if
applied to domestic nongovernmental organizations (DNGOs). It proceeds in four
parts. Part I describes the inception of the Policy and contextualizes it among other
antiabortion policies that resulted as a backlash to the U.S. Supreme Court’s
landmark decision in Roe v. Wade. Part II explains the Policy’s actual effect on
FNGOs, particularly focusing on organizations based in Nepal and Peru, and argues
that the Policy undermines democratic processes abroad and fails to achieve its stated
objective: reducing …
"You Have The Data"...The Writ Of Habeas Data And Other Data Protection Rights: Is The United States Falling Behind?, Sarah L. Lode
"You Have The Data"...The Writ Of Habeas Data And Other Data Protection Rights: Is The United States Falling Behind?, Sarah L. Lode
Indiana Law Journal
In Part I of this Note, I will discuss the writ of habeas data that has been developed primarily, but not exclusively, in Latin American countries. I will discuss the intricacies of the writ, how it evolved, and how it is applied today. Using Argentina as an example, I will discuss how the writ would be used by an Argentine citizen to protect her personal data. Part II summarizes the previously employed data protection scheme in the European Union, the Data Protection Directive (“the Directive”), and will also discuss the new EU data protection regulation, the General Data Protection Regulation …
One Person, One Vote: Gerrymandering And The Independent Commission, A Global Perspective, James Ruley
One Person, One Vote: Gerrymandering And The Independent Commission, A Global Perspective, James Ruley
Indiana Law Journal
In 1863, on the hallowed fields at Gettysburg, Abraham Lincoln encapsulated a core principle of democracy by describing our system as a “government of the people, by the people, [and] for the people.” This definition accurately depicts the ideal of democracy—that supreme power is vested in the citizenry, not in the government itself. Since the American model is based on representative democracy instead of direct democracy, extreme scrutiny must be placed upon the system of choosing representatives if government is to accurately represent the will of the people.
One of the greatest abuses of a citizen’s voting rights is gerrymandering. …
The Behavioral Economic Case For Paternalistic Workplace Retirement Plans, Paul M. Secunda
The Behavioral Economic Case For Paternalistic Workplace Retirement Plans, Paul M. Secunda
Indiana Law Journal
Dependence on 401(k) retirement accounts continues to cause a massive retirement crisis in the United States by leaving most workers unprepared for retirement. The voluntary, inaccessible, employer-centered, expensive, and consumer-driven natures of these plans have combined to make retirement a type of corporate-inspired elder abuse in America.
Behavioral economics considers the utility of permitting individual choice in decision-making settings. Many, however, have been misled to believe that greater choice is always better. Yet, according to one prominent commentator, this consumer-driven paradigm will lead to 48% of current workers between the ages of fifty and sixty-four being poor when they reach …
Free Exercise After The Arab Spring: Protecting Egypt’S Religious Minorities Under The Country’S New Constitution, James Michael Nossett
Free Exercise After The Arab Spring: Protecting Egypt’S Religious Minorities Under The Country’S New Constitution, James Michael Nossett
Indiana Law Journal
No abstract provided.
Unpopular Constitutionalism, Mila Versteeg
Unpopular Constitutionalism, Mila Versteeg
Indiana Law Journal
Constitutions are commonly thought to express nations’ highest values. They are often proclaimed in the name of “We the People” and are regarded—by scholars and the general public alike—as an expression of the people’s views and values. This Article shows empirically that this widely held image of constitutions does not correspond with the reality of constitution making around the world. The Article contrasts the constitutional-rights choices of ninety countries between 1981 and 2010 with data from nearly one-half million survey responses on cultural, religious, and social values conducted over the same period. It finds, surprisingly, that in this period, the …
Domestic Violence And State Intervention In The American West And Australia, 1860-1930, Carolyn B. Ramsey
Domestic Violence And State Intervention In The American West And Australia, 1860-1930, Carolyn B. Ramsey
Indiana Law Journal
This Article calls into question stereotypical assumptions about the presumed lack of state intervention in the family and the patriarchal violence of Anglo- American frontier societies in the late nineteenth and early twentieth centuries. By analyzing previously unexamined cases of domestic assault and homicide in the American West and Australia, Professor Ramsey reveals a sustained (but largely ineffectual) effort to civilize men by punishing violence against women. Husbands in both the American West and Australia were routinely arrested or summoned to court for beating their wives in the late 1800s and early 1900s. Judges, police officers, journalists, and others expressed …
When Is An Alternative Forum Available? Rethinking The Forum Non Conveniens Analysis, Joel H. Samuels
When Is An Alternative Forum Available? Rethinking The Forum Non Conveniens Analysis, Joel H. Samuels
Indiana Law Journal
No abstract provided.
Poodles And Bulldogs: The United States, Britain, And The International Rule Of Law, Philippe Sands
Poodles And Bulldogs: The United States, Britain, And The International Rule Of Law, Philippe Sands
Indiana Law Journal
Addison C. Harris Lecture
A Comparison Of The Freedom Of Speech Of Workers In French And American Law, Patrick Morvan
A Comparison Of The Freedom Of Speech Of Workers In French And American Law, Patrick Morvan
Indiana Law Journal
Symposium: An Ocean Apart? Freedom of Expression in Europe and the United States. This Article was originally written in French and delivered as a conference paper at a symposium held by the Center for American Law of the University of Paris II (Panthèon-Assas) on January 18-19, 2008.
Charting A New Path Toward Gender Equality In India: From Religious Personal Laws To A Uniform Civil Code, Shalina A. Chibber
Charting A New Path Toward Gender Equality In India: From Religious Personal Laws To A Uniform Civil Code, Shalina A. Chibber
Indiana Law Journal
Symposium: Missing Information: The Scientific Data Gap in Conservation and Chemical Regulation, held on March 24, 2006 at Indiana University School of Law- Bloomington.
Inspiring Global Professionalism: Challenges And Opportunities For American Lawyers In China, Cynthia Losure Baraban
Inspiring Global Professionalism: Challenges And Opportunities For American Lawyers In China, Cynthia Losure Baraban
Indiana Law Journal
No abstract provided.
The Illusory Promise: Freedom Of The Press In Hong Kong, China, Frances S. Foster
The Illusory Promise: Freedom Of The Press In Hong Kong, China, Frances S. Foster
Indiana Law Journal
No abstract provided.
An Essay On The Vicissitudes Of Civil Society With Special Reference To Scotland In The Eighteenth Century, Marvin B. Becker
An Essay On The Vicissitudes Of Civil Society With Special Reference To Scotland In The Eighteenth Century, Marvin B. Becker
Indiana Law Journal
Symposium: Law and Civil Society
Civil Society, Metaphysics, And Tolerance, David C. Williams
Civil Society, Metaphysics, And Tolerance, David C. Williams
Indiana Law Journal
Symposium: Law and Civil Society
A Response To Marvin Becker, "An Essay On The Vicissitudes Of Civil Society With Special Reference To Scotland In The Eighteenth Century", Michael Grossberg
A Response To Marvin Becker, "An Essay On The Vicissitudes Of Civil Society With Special Reference To Scotland In The Eighteenth Century", Michael Grossberg
Indiana Law Journal
Symposium: Law and Civil Society
Individualism As Principle: Its Emergence, Institutionalization, And Contradictions, Political Philosophy, Adam B. Seligman
Individualism As Principle: Its Emergence, Institutionalization, And Contradictions, Political Philosophy, Adam B. Seligman
Indiana Law Journal
Symposium: Law and Civil Society
Justice Dando And The "Conservative" Argument For Abolition, Joseph L. Hoffmann
Justice Dando And The "Conservative" Argument For Abolition, Joseph L. Hoffmann
Indiana Law Journal
No abstract provided.
Paternalism Versus Pugnacity: The Right To Counsel In Japan And The United States, David A. Suess
Paternalism Versus Pugnacity: The Right To Counsel In Japan And The United States, David A. Suess
Indiana Law Journal
No abstract provided.
Toward The Abolition Of The Death Penalty, Shigemitsu Dando
Toward The Abolition Of The Death Penalty, Shigemitsu Dando
Indiana Law Journal
This Article was delivered by Justice Dando as the Jerome Hall Lecture at Indiana University School of Law-Bloomington on April 14, 1996.
The American Judicial Review Quagmire: A Canadian Proposal, Caroline S. Earle
The American Judicial Review Quagmire: A Canadian Proposal, Caroline S. Earle
Indiana Law Journal
No abstract provided.
An Audience For The Amish: A Communication Based Approach To The Development Of Law, Maryann Schlegel Ruegger
An Audience For The Amish: A Communication Based Approach To The Development Of Law, Maryann Schlegel Ruegger
Indiana Law Journal
No abstract provided.
Megalaw In The U.K.: Professionalism Or Corporatism? A Preliminary Report, John Flood
Megalaw In The U.K.: Professionalism Or Corporatism? A Preliminary Report, John Flood
Indiana Law Journal
The Growth of Large Law Firms and Its Effect on the Legal Profession and Legal Education, Symposium
Questioning Litigation's Role-Courts And Class Actions In Canada, W. A. Bogart
Questioning Litigation's Role-Courts And Class Actions In Canada, W. A. Bogart
Indiana Law Journal
No abstract provided.
A History Of Injunctions In England Before 1700, David W. Raack
A History Of Injunctions In England Before 1700, David W. Raack
Indiana Law Journal
No abstract provided.
Postwar French Foreign Claims Practice: Adjudication By National Commissions-An Introductory Note, Burns H. Weston
Postwar French Foreign Claims Practice: Adjudication By National Commissions-An Introductory Note, Burns H. Weston
Indiana Law Journal
Symposium on International Procedures to Protect Private Rights
Should Judges Be Politicians?: The English Experience, Gareth Jones
Should Judges Be Politicians?: The English Experience, Gareth Jones
Indiana Law Journal
Addison C. Harris Memorial Lecture presented April 9-10, 1981, at Indiana University School of Law, Bloomington.
The West German Model Of Codetermination Under Section 8(A) (2) Of The Nlra, Erik B. Wulff
The West German Model Of Codetermination Under Section 8(A) (2) Of The Nlra, Erik B. Wulff
Indiana Law Journal
No abstract provided.
Popular Participation In The Administration Of Justice In The Soviet Union: Comrades' Courts And The Brezhnev Regime, Gordon Smith
Popular Participation In The Administration Of Justice In The Soviet Union: Comrades' Courts And The Brezhnev Regime, Gordon Smith
Indiana Law Journal
No abstract provided.
African Penal Systems, By Alan Milner, Henry J. Richardson Iii
African Penal Systems, By Alan Milner, Henry J. Richardson Iii
Indiana Law Journal
No abstract provided.