Law Commons^™

Confused About Copyright?, Sara Anne Hook

Graduate Scholarship and Professional Work

No abstract provided.

Extending The Roberts Court’S Affirmation Of Individual Expressive Rights To The First Amendment Claim In Masterpiece Cakeshop, Nancy J. Whitmore

Scholarship and Professional Work - Communication

No abstract provided.

"Racial Exclusion And Death Penalty Juries: Can Death Penalty Juries Ever Be Representative?", Noelle Nasif, Shyam Sriram, Eric Smith

Scholarship and Professional Work - LAS

No abstract provided.

Pomegranate Juice Can Do That? Navigating The Jurisdictional Landscape Of Food Health Claim Regulation In A Post-Pom Wonderful World, Hilary G. Buttrick, Courtney Droms Hatch

Scholarship and Professional Work - Business

Thirty years ago, the most the consumer expected out of his or her morning glass of juice was a little extra vitamin C. By 2010, the consumer expected a lot more. POM Wonderful’s pomegranate juice, for instance, promised to improve cardiovascular health, treat erectile dysfunction, and combat prostate cancer.¹ Those claims made orange juice look a little pathetic. Of course, those wild promises also landed POM Wonderful in hot water with the Federal Trade Commission (“FTC”) for misleading the public with scientifically unsubstantiated health claims.²

Facing The Fear: A Free Market Approach For Economic Expression, Nancy J. Whitmore

Scholarship and Professional Work - Communication

Commentators differ on whether a diminished constitutional status for profit-driven speech is consistent with free speech theory. Most recently, the Supreme Court of the United States in Citizens United v. Federal Election Commission largely embraced an unfettered marketplace approach for political speech financed by corporate treasuries. Given the harm a free market approach is said to have produced in the economic realm, is this approach useful for structuring the constitutional protection economic expression receives? This article discusses the placement of economic expression within First Amendment theory and contends that restrictions on economic speech should be aimed at combating deceptive economic …

Affective Labor And Governmental Policy: George W. Bush's New Freedom Commission On Mental Health, Kristin A. Swenson

Scholarship and Professional Work - Communication

As affective labor is becoming more dominant in contemporary capitalism, the affect of the body politic is increasingly important. This article argues for a theory of the affective state apparatus to account for the state‟s role in governing the affect of the population. An analysis of George W. Bush‟s Achieving the Promise: Transforming Mental Health Care in America reveals that an affective state apparatus functions to capture, constitute, and circulate the affects of the population. This article contends that an affective state apparatus operates through the very intimacies of our bodies in order to produce ever more efficient and productive …

The Most Litigious People In The World, Jeff Rasley

Scholarship and Professional Work - LAS

Article for The Phi Beta Kappa Key Reporter about the contentious distribution of land in post-colonial Palau.

Three Stories And Their Morals, Robert B. Bennett

Scholarship and Professional Work - Business

Fundamentally, the common law tradition is a collection of stories. Stories also become the law professor's stock in trade. We tell students stories or have them read stories in the form of cases or hypothetical situations and help them discern the morals to the stories-i.e., what the stories mean in the context of business or in their business lives? In a sense, that is what the Socratic Method is all about: analyzing stories in the form of cases and discerning their greater meaning. In this paper I will relate three true stories within the context of just-in-time production management and …

Trade Usage And Disclaiming Consequential Damages: The Implications For Just-In-Time Purchasing, Robert B. Bennett

Scholarship and Professional Work - Business

This article reports on trade, business, and industries in Japan in 2009. The article discusses industrial changes and growth in Japan, noting aspects of manufacturing such as marketing, purchasing, accounting, and human resources management. The article also describes the production management technique Just-In-Time (JIT) which emphasizes demand, limited production runs, quick setup, quality control, and reduced inventory and waste. Information is also provided on supply contracts, damages, lawsuits, and appeals.

If Ethanol Is The Answer, What Is The Question, Peter Z. Grossman

Scholarship and Professional Work - Business

Since 2005, in the face of rising oil and gasoline prices, many Americans have looked to plant-based fuels, particularly ethanol, as the "answer" to our energy dilemmas. Section III examines the issues connected specifically to ethanol, how market forces as well as government subsidies have worked to make corn-based ethanol economically viable at times, why that viability has been lost in recent months even with subsidies, and further, why ethanol from corn on the scale the legislation demands is impractical. Clearly it would be technically possible to produce the mandated 15 billion gallons of ethanol, and distilling capacity will nearly …

The Evolution Of Special Education, Kelli J. Esteves, Shaila Rao

Scholarship and Professional Work – Education

The events that have driven the gradual and progressive evolution of special education serve as a backdrop to understanding the foundation of the field and its ever-changing nature. Knowledge of this history is critical if we intend to make further progress.

First Amendment Showdown: Intellectual Diversity Mandates And The Academic Marketplace, Nancy Whitmore

Scholarship and Professional Work - Communication

Once described as a quintessential marketplace of ideas by the Supreme Court of the United States, the academic marketplace has been criticized recently for institutionalizing a left-leaning ideology within its curriculum and academic discourse. As a result, national activists and organizations have been calling on state legislatures and university administrators to adopt policies and report on steps taken to encourage intellectual diversity and protect political and cultural minorities from faculty bias and academic retribution in the classroom and other university settings. But who would win a constitutional showdown between the academy and those seeking to infuse academic discourse with alternative …

Legal History Meets The Honors Program, Robert B. Bennett

Scholarship and Professional Work - Business

In this article, the author discusses the "Law and Culture" course that he developed to teach in the Butler University Honors Program. The course looks at some landmark periods or events in legal history and explores how those events were the product of their culture, and how they affected their culture. Among the events or periods that the author has looked at in iterations of this course were the survival instinct on display in "Regina v. Dudley and Stephens," the Nuremberg trials, the Scopes Monkey Trial, the modern American litigation explosion, and the events surrounding the U.S. Supreme Court decision …

Vicarious Liability And The Private University Student Press, Nancy Whitmore

Scholarship and Professional Work - Communication

Once described as a quintessential marketplace of ideas by the Supreme Court of the United States, the academic marketplace has been criticized recently for institutionalizing a left-leaning ideology within its curriculum and academic discourse. As a result, national activists and organizations have been calling on state legislatures and university administrators to adopt policies and report on steps taken to encourage intellectual diversity and protect political and cultural minorities from faculty bias and academic retribution in the classroom and other university settings. But who would win a constitutional showdown between the academy and those seeking to infuse academic discourse with alternative …

Federal Justice And Moral Reform In The United States District Court In Indiana, 1816-1869, George W. Geib, Donald B. Kite

Scholarship and Professional Work - LAS

In November 1840, William Martin, an Indiana mail stage driver found himself standing in United States District Court, convicted of stealing a letter containing bank notes from the mail.^1 District Judge Jesse Lynch Holman reviewed the evidence that convinced the jury, and then lectured the defendant upon his future prospects:

The prospect before you is truly dark and dreary; yet there is a distant ray of hope that may enlighten your path You may do much by a patient submission to the law—by a reformation of life and an upright line of conduct ... to some extent, to regain a …

American Law Of Real Estate, J. David Reitzel, Robert B. Bennett, Michael J. Garrison

Scholarship and Professional Work - Business

American Law of Real Estate presents real estate law as a national body of law covering community property states as well as common law martial property rights. This book is ideal for those seeking a real estate license as well as for property managers, investors, developers, homeowners, and apartment dwellersuto anyone seeking to own or use land

The Revolution You Won’T See On Tv, Jeff Rasley

Scholarship and Professional Work - LAS

Article for Newsweek about the author’s experiences in mediation and jury trials as a civil litigator.

The Meaning Of Property Rights: Law Versus Economics? , Daniel H. Cole, Peter Z. Grossman

Scholarship and Professional Work - Business

Property rights are fundamentals to economic analysis. There is, however, no consensus in the economic literature about what property rights are. Economists define them variously and inconsistently, sometimes in ways that deviate from the conventional understandings of legal scholars and judges. This article explores ways in which definitions of property rights in the economic literature diverge from conventional legal understandings, and how those divergences can create interdisciplinary confusion and bias economic analyses. Indeed, some economists' idiosyncratic definitions of property rights, if used to guide policy, could lead to suboptimal economic outcomes.

Seeing Is Believing; Or Is It? An Emperical Study Of Computer Simulations As Evidence., Robert B. Bennett, Jordan H. Leibman, Richard Fetter

Scholarship and Professional Work - Business

Relying on the old adage, "seeing is believing," we conclude that the jury may give undue weight to an animated reconstruction of the accident .... It would be an inordinately difficult task for the plaintiff to counter, by cross-examination or otherwise, the impression that a computerized depiction of the accident is necessarily more accurate than an oral description of how the accident occurred. Because the expert's conclusion would be graphically depicted in a moving and animated form, the viewing of the computer simulation might more readily lead the jury to accept the data and premises underlying the defendant's expert's opinion... …

The Federal Trademark Dilution Act Of 1995: Potent Weapon Or Uphill Battle?, Erin J. Roth, Robert B. Bennett

Scholarship and Professional Work - Business

Following a brief discussion of the history of trademark infringement law, the events leading to the FTDA, and an overview of the FTDA, this paper discusses the major causes of the FTDA's ineffectiveness. We will then review the application of the act, discuss its implications on the future of trademark ownership in business, and suggest improvements to the legal application of the act.

The Effect Of Lifting The Blindfold From Civil Juries Charged With Apportioning Damages In Modified Comparative Fault Cases: An Empirical Study Of The Alternatives, Jordan H. Leibman, Robert B. Bennett, Richard Fetter

Scholarship and Professional Work - Business

Focuses on a study on the effect of lifting the blindfold from civil juries charged with apportioning damages in modified comparative fault cases. Historical background on comparative fault in the United States; Origin of blindfolding; Comparison of blindfold modified comparative fault verdicts with sunshine verdicts; Conclusions.

Using A Jury Simulation As A Classroom Exercise, Robert B. Bennett, Jordan H. Leibman, Richard Fetter

Scholarship and Professional Work - Business

The authors' empirical research project considers the effects of differences in actual legal rules on jury decisions and, concurrently, gives business students the opportunity to participate in a realistic jury experience. The project uses actual trial evidence to produce a videotaped simulated trial presentation thereby insuring that the testimony, legal arguments, jury instructions and facts are realistic. To date, approximately 2,000 business students have participated in the simulation, under the supervision of 13 different Academy members at 11 different universities. This article describes the project and its curricular benefits within the context of an introductory course in law.

The Empirical Legal Research Initiative: An Interim Report To The Academy, Robert B. Bennett, Jordan H. Leibman, Richard Fetter

Scholarship and Professional Work - Business

The authors gratefully acknowledge the financial support of the Holcomb Research Institute and the College of Business at Butler University, the Summer Grant Program of the School of Business at Indiana University, the Faculty Development Grant Program of Indiana University Purdue University at Indianapolis and the Academy of Legal Studies in Business.

Writing To Learn Business Law, Robert B. Bennett, William K. Templeton

Scholarship and Professional Work - Business

Robert Bennett and William Templeton's contribution to Journal of Legal Studies Education, vol. 13, 2.

The Influence Of The Paramount Decision On Network Television In America, Gary Edgerton, Cathy Pratt

Scholarship and Professional Work - Communication

At the 1972 National Association of Broadcasters Convention in Chicago, the assembled gathering was surprised to receive a mailed greeting from their sometimes adversary, President Richard Nixon, which claimed, "In no other country does the broadcaster have more freedom than in the United States, and I emphasize that my Administration is dedicated to preserving that heritage." Four days later, however, the Justice Department filed against NBC, CBS, ABC, and Viacom International, then a CBS subsidiary in the business of syndicating television programming, an antitrust suit which alleged that the networks were guilty of various trade-restraining and monopolistic activities under Sections …