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Fictional Pleas, Thea Johnson Jul 2019

Fictional Pleas, Thea Johnson

Indiana Law Journal

A fictional plea is one in which a defendant pleads guilty to a crime he has not committed, with the knowledge of the defense attorney, prosecutor, and judge. With fictional pleas, the plea of conviction is detached from the original factual allegations against the defendant. As criminal justice actors become increasingly troubled by the impact of collateral consequences on defendants, the fictional plea serves as an appealing response to this concern. It allows the parties to achieve parallel aims: the prosecutor holds the defendant accountable in the criminal system, while the defendant avoids devastating noncriminal consequences. In this context, the ...


Influencing Juries In Litigation "Hot Spots", Megan M. La Belle Jul 2019

Influencing Juries In Litigation "Hot Spots", Megan M. La Belle

Indiana Law Journal

This Article considers how corporations are using image advertising in litigation "hot spots" as a means of influencing litigation outcomes. It describes how Samsung and other companies advertised in the Eastern District of Texas--a patent litigation "hot spot"--to curry favor with the people who live there, including by sponsoring an ice rink located directly outside the courthouse. To be sure, image advertisements are constitutionally protected speech and might even warrant the highest level of protection under the First Amendment when they are not purely commercial in nature. Still, the Article argues, courts should be able to prohibit such advertisements ...


Reforming Institutions: The Judicial Function In Bankruptcy And Public Law Litigation, Kathleen G. Noonan, Jonathan C. Lipson, William Simon Apr 2019

Reforming Institutions: The Judicial Function In Bankruptcy And Public Law Litigation, Kathleen G. Noonan, Jonathan C. Lipson, William Simon

Indiana Law Journal

Public law litigation (PLL) is among the most important and controversial types of dispute that courts face. These civil class actions seek to reform public agencies such as police departments, prison systems, and child welfare agencies that have failed to meet basic statutory or constitutional obligations. They are controversial because critics assume that judicial intervention is categorically undemocratic or beyond judicial expertise.

This Article reveals flaws in these criticisms by comparing the judicial function in PLL to that in corporate bankruptcy, where the value and legitimacy of judicial intervention are better understood and more accepted. Our comparison shows that judicial ...


The Compliance Process, Veronica Root Jan 2019

The Compliance Process, Veronica Root

Indiana Law Journal

Even as regulators and prosecutors proclaim the importance of effective compliance programs, failures persist. Organizations fail to ensure that they and their agents comply with legal and regulatory requirements, industry practices, and their own internal policies and norms. From the companies that provide our news, to the financial institutions that serve as our bankers, to the corporations that make our cars, compliance programs fail to prevent misconduct each and every day. The causes of these compliance failures are multifaceted and include general enforcement deficiencies, difficulties associated with overseeing compliance programs within complex organizations, and failures to establish a culture of ...


Expert Prevalence, Persuasion And Price: What Trial Participants Really Think About Experts, Andrew W. Jurs Jan 2016

Expert Prevalence, Persuasion And Price: What Trial Participants Really Think About Experts, Andrew W. Jurs

Indiana Law Journal

By measuring how expert witnesses are actually used in court, this study offers important new data about what makes expert effective and suggests that some commonly held beliefs about experts are misguided. In doing so, the data establishes an important new baseline for measuring expert witnesses in court, updating and expanding on prior research in the field.


Transnational Class Actions In The Shadow Of Preclusion, Zachary D. Clopton Oct 2015

Transnational Class Actions In The Shadow Of Preclusion, Zachary D. Clopton

Indiana Law Journal

The American class action is a procedural tool that advances substantive law values such as deterrence, compensation, and fairness. Opt-out class actions in particular achieve these goals by aggregating claims not only of active participants but also passive plaintiffs. Full faith and credit then extends the preclusive effect of class judgments to other U.S. courts. But there is no international full faith and credit obligation, and many foreign courts will not treat U.S. class judgments as binding on passive plaintiffs. Therefore, some plaintiffs may be able to wait until the U.S. class action is resolved before either ...


Solving The Puzzle Of Transnational Class Actions, Kevin M. Clermont Jan 2015

Solving The Puzzle Of Transnational Class Actions, Kevin M. Clermont

Indiana Law Journal

How should a U.S. class action treat proposed foreign class members in a circumstance where any resulting judgment will likely not bind those absentees abroad? The Author responds to Zachary Clopton’s analysis of this puzzle, and introduces a counterproposal.


Screening Out Innovation: The Merits Of Meritless Litigation, Alexander A. Reinert Jul 2014

Screening Out Innovation: The Merits Of Meritless Litigation, Alexander A. Reinert

Indiana Law Journal

Courts and legislatures often conflate meritless and frivolous cases when balancing the desire to keep courthouse doors open to novel or unlikely claims against the concern that entertaining ultimately unsuccessful litigation will prove too costly for courts and defendants. Recently, significant procedural and substantive barriers to civil litigation have been informed by judicial and legislative assumptions about the costs of entertaining meritless and frivolous litigation. The prevailing wisdom is that eliminating meritless and frivolous claims as early in a case’s trajectory as possible will focus scarce resources on the truly meritorious cases, thereby ensuring that available remedies are properly ...


Beyond The Verdict: Why The Courts Must Protect Jurors From The Public Before, During, And After High-Profile Cases, Scott Ritter Apr 2014

Beyond The Verdict: Why The Courts Must Protect Jurors From The Public Before, During, And After High-Profile Cases, Scott Ritter

Indiana Law Journal

In a time when more and more criminal trials are saturated in news coverage, media outlets race to get as much information as possible to the public. That access to the criminal justice system is a right protected by the First Amendment. But where does the access stop? This Note explores those limits, and the intersection between the First and Fourth Amendments.


The Feasibility Of Litigation Markets, Jonathan T. Molot Jan 2014

The Feasibility Of Litigation Markets, Jonathan T. Molot

Indiana Law Journal

No abstract provided.


Seeing Is Believing: The Anti-Inference Bias, Eyal Zamir Prof., Ilana Ritov, Doron Teichman Jan 2014

Seeing Is Believing: The Anti-Inference Bias, Eyal Zamir Prof., Ilana Ritov, Doron Teichman

Indiana Law Journal

A large body of studies suggests that people are reluctant to impose liability on the basis of circumstantial evidence alone, even when this evidence is more reliable than direct evidence. Current explanations for this pattern of behavior focus on factors such as the tendency of fact finders to assign low subjective probabilities to circumstantial evidence, the statistical nature of such evidence, and the fact that direct evidence can rule out with greater ease any competing factual theory regarding liability. This Article describes a set of four new experiments demonstrating that even when these factors are controlled for, the disinclination to ...


Redeeming A Lost Generation: "The Year Of Law School Litigation" And The Future Of The Law School Transparency Movement, Andrew S. Murphy Apr 2013

Redeeming A Lost Generation: "The Year Of Law School Litigation" And The Future Of The Law School Transparency Movement, Andrew S. Murphy

Indiana Law Journal

No abstract provided.


Section 1983 Wrongful Death And Survival Actions In The Seventh Circuit: An Indiana Litigant's Guide To Claims After Russ V. Watts, Michelle R. Gough Jan 2011

Section 1983 Wrongful Death And Survival Actions In The Seventh Circuit: An Indiana Litigant's Guide To Claims After Russ V. Watts, Michelle R. Gough

Indiana Law Journal

The availability of survival and wrongful death damages in 42 U.S.C. § 1983 cases is an area that involves both changing precedent and unaddressed issues within the Seventh Circuit. In both of the aforementioned types of claims, the cases will necessarily involve the tangled application of both state and federal law, and the Seventh Circuit and other federal courts of appeals have struggled to provide a clear, coherent approach to these issues. Indeed, there is strong disagreement among the circuits. Dean Steven H. Steinglass offered the most comprehensive discussion of the nature of both types of claims under § 1983 ...


Rethinking Criminal Corporate Liability, Andrew Weissmann, David Newman Apr 2007

Rethinking Criminal Corporate Liability, Andrew Weissmann, David Newman

Indiana Law Journal

Under current federal law, a corporation, no matter how large or small, is criminally liable if a member of the organization commits a crime within the scope of employment and at least in part with the intent to benefit the company. This Article challenges that doctrine and contends that where it seeks to charge a corporation criminally, the government should bear the burden of establishing as an additional criminal element that the corporation failed to have reasonable policies and procedures to prevent the employee 's conduct. Narrowing the scope of criminal corporate liability is supported by the reasoning of a ...


Pleadings In The Age Of Settlement, Michael Moffitt Jul 2005

Pleadings In The Age Of Settlement, Michael Moffitt

Indiana Law Journal

No abstract provided.


"Whoever Fights Monsters Should See To It That In The Process He Does Not Become A Monster": The Necessity Of Maintaining And Narrowing The Welcomeness Requirement In Sexual Harassment Suits, Leigh A. Salmon Jul 2002

"Whoever Fights Monsters Should See To It That In The Process He Does Not Become A Monster": The Necessity Of Maintaining And Narrowing The Welcomeness Requirement In Sexual Harassment Suits, Leigh A. Salmon

Indiana Law Journal

No abstract provided.


Can We Talk?: Removing Counterproductive Ethical Restraints Upon Ex Parte Communication Between Attorneys And Adverse Expert Witnesses, Stephen D. Easton Jul 2001

Can We Talk?: Removing Counterproductive Ethical Restraints Upon Ex Parte Communication Between Attorneys And Adverse Expert Witnesses, Stephen D. Easton

Indiana Law Journal

No abstract provided.


Weiland V. Telectronics Pacing Systems, Inc.: Illinois Reexamines Medical Device Preemption, Adrian S. Allen Apr 2001

Weiland V. Telectronics Pacing Systems, Inc.: Illinois Reexamines Medical Device Preemption, Adrian S. Allen

Indiana Law Journal

No abstract provided.


The Implications Of Kumho Tire: Applying Daubert Analysis To Warning-Label Testimony In Products Liability Cases, Sara K. Ledford Apr 2001

The Implications Of Kumho Tire: Applying Daubert Analysis To Warning-Label Testimony In Products Liability Cases, Sara K. Ledford

Indiana Law Journal

No abstract provided.


"The Mis-Characterization Of The Negro": A Race Critique Of The Prior Conviction Impeachment Rule, Montrè D. Carodine Apr 2000

"The Mis-Characterization Of The Negro": A Race Critique Of The Prior Conviction Impeachment Rule, Montrè D. Carodine

Indiana Law Journal

The election of Barack Obama as the nation's first Black President was a watershed moment with respect to race relations in the United States. Obama's election removed what to many seemed a nearly insurmountable racial barrier. Yet as he transitions into his historic role and his family becomes the first Black occupants of the White House, scores of Blacks are housed in jails and prisons across the country. The mass incarceration of Blacks, among other serious issues, demonstrates that race still matters in the United States. As then-presidential candidate Obama acknowledged in the speech that many viewed to ...


Cigarette Law, Daniel Givelber Jul 1998

Cigarette Law, Daniel Givelber

Indiana Law Journal

No abstract provided.


How U.S. Procedure Skews Tort Law Incentives, Jonathan T. Molot Jan 1997

How U.S. Procedure Skews Tort Law Incentives, Jonathan T. Molot

Indiana Law Journal

No abstract provided.


Warning! The Manufacturer Of This Product May Have Engaged In Cover-Ups, Lies, And Concealment: Making The Case For Limitless Punitive Awards In Product Liability Lawsuits, Cynthia R. Mabry Jan 1997

Warning! The Manufacturer Of This Product May Have Engaged In Cover-Ups, Lies, And Concealment: Making The Case For Limitless Punitive Awards In Product Liability Lawsuits, Cynthia R. Mabry

Indiana Law Journal

No abstract provided.


Symmetries Of Access In Civil Rights Litigation: Politics, Pragmatism And Will, Gene R. Shreve Jan 1990

Symmetries Of Access In Civil Rights Litigation: Politics, Pragmatism And Will, Gene R. Shreve

Indiana Law Journal

No abstract provided.


Blind Man's Bluff: An Analysis Of The Discovery Of Expert Witnesses Under Federal Rule Of Civil Procedure 26(B)(4) And A Proposed Amendment, Mathew R. Wildermuth Oct 1989

Blind Man's Bluff: An Analysis Of The Discovery Of Expert Witnesses Under Federal Rule Of Civil Procedure 26(B)(4) And A Proposed Amendment, Mathew R. Wildermuth

Indiana Law Journal

No abstract provided.


The Standard Of Admissibility Of A Physician's Expert Testimony In A Chiropractor Malpractice Action, Susan M. Hobson Jul 1989

The Standard Of Admissibility Of A Physician's Expert Testimony In A Chiropractor Malpractice Action, Susan M. Hobson

Indiana Law Journal

No abstract provided.


Constitutional Defenses Against Punitive Damages: Down But Not Out, Nicholas K. Kile Jan 1989

Constitutional Defenses Against Punitive Damages: Down But Not Out, Nicholas K. Kile

Indiana Law Journal

No abstract provided.


Medical Surveillance Damages: A Solution To The Inadequate Compensation Of Toxic Tort Victims, Alan T. Slagel Oct 1988

Medical Surveillance Damages: A Solution To The Inadequate Compensation Of Toxic Tort Victims, Alan T. Slagel

Indiana Law Journal

No abstract provided.


Studying Civil Litigation Through The Class Action, Bryant G. Garth Jul 1987

Studying Civil Litigation Through The Class Action, Bryant G. Garth

Indiana Law Journal

No abstract provided.


Class Actions And Duplicative Litigation, Edward F. Sherman Jul 1987

Class Actions And Duplicative Litigation, Edward F. Sherman

Indiana Law Journal

No abstract provided.