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Articles 31 - 60 of 104
Full-Text Articles in Law
Vol. 44, No. 11 (April 1, 2013)
Invitation To Reception For Hannah Buxbaum
Invitation To Reception For Hannah Buxbaum
Hannah Buxbaum (2011-2013 Interim)
No abstract provided.
Vol. 44, No. 10 (March 25, 2013)
Vol. 44, No. 09 (March 18, 2013)
Vol. 44, No. 08 (March 4, 2013)
Vol. 44, No. 07 (February 25, 2013)
Vol. 44, No. 06 (February 18, 2013)
Vol. 44, No. 05 (February 11, 2013)
Vol. 44, No. 04 (February 4, 2013)
Greetings From Bloomington, Hannah Buxbaum
Greetings From Bloomington, Hannah Buxbaum
Hannah Buxbaum (2011-2013 Interim)
No abstract provided.
Vol. 44, No. 03 (January 28, 2013)
Vol. 44, No. 02 (January 22, 2013)
Vol. 44, No. 01 (January 14, 2013)
Portrait Of Hugh E. Willis (Photograph)
Portrait Of Hugh E. Willis (Photograph)
Hugh Willis (1942-1943 Acting)
Photograph of a painting of Hugh Willis that hangs in the Indiana University Law School (photographer, Chris Meyer).
Is The Ourlook For The Law Faculty Employment More Fickle Than Most Juries?, Lauren K. Robel, Andrew Hibel
Is The Ourlook For The Law Faculty Employment More Fickle Than Most Juries?, Lauren K. Robel, Andrew Hibel
Lauren Robel (2002 Acting; 2003-2011)
What does the future hold for law school faculty members? In this month's interview, we are fortunate to have the perspective of Lauren Kay Robel, a Val Nolan Professor of Law and Interim Provost and Executive Vice President at Indiana University Bloomington. Dean Robel discusses how the law professor market has changed and potential trends for the future. She also touches on topics such as the role of tenured legal professors, the increased need and importance of adjunct professors as well as female faculty moving into more leadership positions.
Gilbert Redux: The Interaction Of The Pregnancy Discrimination Act And The Amended Americans With Disabilities Act, Deborah Widiss
Gilbert Redux: The Interaction Of The Pregnancy Discrimination Act And The Amended Americans With Disabilities Act, Deborah Widiss
Articles by Maurer Faculty
Pregnancy — a health condition that only affects women — raises complicated questions regarding the interaction of employment policies addressing sex discrimination and those addressing disability. The Pregnancy Discrimination Act (PDA), enacted in 1978, mandates that employers “shall” treat pregnant employees “the same for all employment-related purposes” as other employees “similar in their ability or inability to work.” Despite the clarity of this language, some courts permit employers to treat pregnant employees less favorably than employees with other health conditions, so long as the employer does so pursuant to a “pregnancy-blind” policy such as accommodating only workplace injuries or disabilities …
Empirical Fallacies Of Evidence Law: A Critical Look At The Admission Of Prior Sex Crimes, Aviva A. Orenstein, Tamara Rice Lave
Empirical Fallacies Of Evidence Law: A Critical Look At The Admission Of Prior Sex Crimes, Aviva A. Orenstein, Tamara Rice Lave
Articles by Maurer Faculty
In a significant break with traditional evidence rules and policies, Federal Rules of Evidence 413-414 allow jurors to use the accused's prior sexual misconduct as evidence of character and propensity to commit the sex crime charged. As reflected in their legislative history, these propensity rules rest on the assumption that sexual predators represent a small number of highly deviant and recidivistic offenders. This view of who commits sex crimes justified the passage of the sex-crime propensity rules and continues to influence their continuing adoption among the states and the way courts assess such evidence under Rule 403. In depending on …
Book Review. Epstein, L., Et. Al., The Behavior Of Federal Judges: A Theoretical And Empirical Study Of Rational Choice, Ashley A. Ahlbrand
Book Review. Epstein, L., Et. Al., The Behavior Of Federal Judges: A Theoretical And Empirical Study Of Rational Choice, Ashley A. Ahlbrand
Articles by Maurer Faculty
No abstract provided.
Reclaiming Our Essential Freedom To Determine Who May Be Admitted To Study Law, Jeffrey E. Stake
Reclaiming Our Essential Freedom To Determine Who May Be Admitted To Study Law, Jeffrey E. Stake
Articles by Maurer Faculty
No abstract provided.
Pringle: Legal Reasoning, Text, Purpose And Teleology, Paul Craig
Pringle: Legal Reasoning, Text, Purpose And Teleology, Paul Craig
Articles by Maurer Faculty
The CJEU's judgment in Pringle saved the European Stability Mechanism from invalidity. The result was unsurprising, given that the contrary conclusion would have precipitated further crisis in the financial markets. The judgment is nonetheless highly interesting and not merely for those concerned with this aspect of EU law. This is because it contains much that is of more general relevance for the very nature of legal reasoning, and the blend of text, purpose and teleology that informs legal discourse. This article addresses two of the central claims made in the case.
The first was that the ESM was in reality …
Eu Accession To The Echr: Competence, Procedure And Substance, Paul Craig
Eu Accession To The Echr: Competence, Procedure And Substance, Paul Craig
Articles by Maurer Faculty
The issues raised by EU Accession to the ECHR have already generated a valuable and growing literature. This article seeks to contribute to this literature. The discussion begins with an overview of the European Union’s competence to accede to the European Convention on Human Rights, and the process by which the Accession Agreement was negotiated. The focus then shifts to analysis of whether the EU needs its own Charter of Rights in addition to membership of the ECHR.
This is followed by examination of a range of procedural issues raised by EU accession to the ECHR. This includes the choices …
Who's Eating Law Firms' Lunch? The Legal Service Providers, Law Schools And New Grads At The Table, William D. Henderson, Rachel M. Zahorsky
Who's Eating Law Firms' Lunch? The Legal Service Providers, Law Schools And New Grads At The Table, William D. Henderson, Rachel M. Zahorsky
Articles by Maurer Faculty
No abstract provided.
Face-To-Data -- Another Developing Privacy Threat?, Fred H. Cate, Christopher Kuner, Christopher Millard, Dan Jerker B. Svantesson
Face-To-Data -- Another Developing Privacy Threat?, Fred H. Cate, Christopher Kuner, Christopher Millard, Dan Jerker B. Svantesson
Articles by Maurer Faculty
No abstract provided.
The Trouble With Tax Increase Limitations, David Gamage, Darien Shanske
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 …
Review, Risk, Legality And Damages, Paul Craig
Review, Risk, Legality And Damages, Paul Craig
Articles by Maurer Faculty
No abstract provided.
Book Review. Tax And Spend: The Welfare State, Tax Politics, And The Limits Of American Liberalism By Molly C. Michelmore, Ajay K. Mehrotra
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.
Nato, Cyber Defense, And International Law, David P. Fidler, Richard Pregent, Alex Vandurme
Nato, Cyber Defense, And International Law, David P. Fidler, Richard Pregent, Alex Vandurme
Articles by Maurer Faculty
Cybersecurity threats pose challenges to individuals, corporations, states, and intergovernmental organizations. The emergence of these threats also presents international cooperation on security with difficult tasks. This essay analyzes how cybersecurity threats affect the North Atlantic Treaty Organization (NATO), which is arguably the most important collective defense alliance in the world.1 NATO has responded to the cyber threat in policy and operational terms (Part I), but approaches and shifts in cybersecurity policies create problems for NATO— problems that NATO principles, practices, and politics exacerbate in ways that will force NATO to address cyber threats more aggressively than it has done so …
Bankrupting The Faith, Pamela Foohey
Bankrupting The Faith, Pamela Foohey
Articles by Maurer Faculty
This Article presents the results of a comprehensive empirical study of religious organizations that filed bankruptcy under Chapter 11 from the beginning of 2006 to the end of 2011. It examines the institutions’ characteristics, reasons for filing, and case outcomes to investigate whether Chapter 11 is an effective solution to their financial problems. In investigating the religious organizations’ cases, the Article also assesses the role of bankruptcy courts in adjudicating Chapter 11 cases and places the cases within theories about the larger purposes of Chapter 11.
The study finds that the vast majority of debtors are small organizations that operate …