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Maurer School of Law: Indiana University

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Vol. 53, No. 13 (November 20, 2017) Nov 2017

Vol. 53, No. 13 (November 20, 2017)

Indiana Law Annotated

No abstract provided.


Dean's Desk: Past And Present, Women Play Key Roles At Iu Maurer, Austen L. Parrish Nov 2017

Dean's Desk: Past And Present, Women Play Key Roles At Iu Maurer, Austen L. Parrish

Austen Parrish (2014-)

Under first lady Laurie Burns McRobbie’s leadership, Indiana University founded Women’s Philanthropy as one way to celebrate alumnae leadership and to make the achievements of our most talented and trailblazing women graduates more visible. As the IU Maurer School of Law’s 175th year draws to a close, consistent with these larger University efforts, it’s an opportune time to celebrate some of the law school’s extraordinary women graduates. Their stories are powerful and inspiring, and I’m pleased to share just a few.


Background Note: Standard Essential Patents, Innovation And Competition: Challenges In India, Arpan Banerjee Nov 2017

Background Note: Standard Essential Patents, Innovation And Competition: Challenges In India, Arpan Banerjee

IP Theory

In September 2014, a few months after a landslide election victory, the Indian Prime Minister Narendra Modi announced the launch of “Make in India,” an ambitious program designed to turn India into a global manufacturing hub. One of the factors widely thought to be responsible for Modi’s victory was support from India’s “neo-middle class”—a young, newly- urbanized section of the electorate seeking employment and improved living standards but struggling amidst an economic downturn. In a speech inaugurating Make in India, Modi linked the program with the aspirations of this section of society. Modi stated the need to ...


Vol. 53, No. 12 (November 13, 2017) Nov 2017

Vol. 53, No. 12 (November 13, 2017)

Indiana Law Annotated

No abstract provided.


Vol. 53, No. 11 (November 6, 2017) Nov 2017

Vol. 53, No. 11 (November 6, 2017)

Indiana Law Annotated

No abstract provided.


Vol. 53, No. 10 (October 30, 2017) Oct 2017

Vol. 53, No. 10 (October 30, 2017)

Indiana Law Annotated

No abstract provided.


Vol. 53, No. 09 (October 23, 2017) Oct 2017

Vol. 53, No. 09 (October 23, 2017)

Indiana Law Annotated

No abstract provided.


Vol. 53, No. 08 (October 16, 2017) Oct 2017

Vol. 53, No. 08 (October 16, 2017)

Indiana Law Annotated

No abstract provided.


Vol. 53, No. 07 (October 2, 2017) Oct 2017

Vol. 53, No. 07 (October 2, 2017)

Indiana Law Annotated

No abstract provided.


Annual Report Of The Indiana Universiy Maurer School Of Law Digital Repository 2016/17, Richard Vaughan Oct 2017

Annual Report Of The Indiana Universiy Maurer School Of Law Digital Repository 2016/17, 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. Includes lists of the most downloaded documents and attached Excel spreadsheets of data.


New Dimensions In Economic Analysis Of Legal Issues: The Appropriate Regulatory Balance Of Antitrust Law In The Context Of The Technological Innovation, Jungmi Bang Oct 2017

New Dimensions In Economic Analysis Of Legal Issues: The Appropriate Regulatory Balance Of Antitrust Law In The Context Of The Technological Innovation, Jungmi Bang

Theses and Dissertations

The role of Empirical study in legal decision, even in the rule making, was increased by the economic development with the occurrence of economic realism. The incensement of economic implication of the law, without exception, impacted to the court’s ruling in the antitrust case and the antitrust law-making itself. Now it is one of the common way, court use concepts and theories developed by economists and weaves economic concepts into decisions to support their result.

The classical perspective of economic theories regarding antitrust law was start from early theorist Adam Smith in 1776, even it denied the economic implication ...


October 2017 Newsletter Oct 2017

October 2017 Newsletter

Ergo

No abstract provided.


Vol. 53, No. 06 (September 25, 2017) Sep 2017

Vol. 53, No. 06 (September 25, 2017)

Indiana Law Annotated

No abstract provided.


Vol. 53, No. 05 (September 18, 2017) Sep 2017

Vol. 53, No. 05 (September 18, 2017)

Indiana Law Annotated

No abstract provided.


Vol. 53, No. 04 (September 11, 2017) Sep 2017

Vol. 53, No. 04 (September 11, 2017)

Indiana Law Annotated

No abstract provided.


Vol. 53, No. 03 (September 4, 2017) Sep 2017

Vol. 53, No. 03 (September 4, 2017)

Indiana Law Annotated

No abstract provided.


September 2017 Newsletter Sep 2017

September 2017 Newsletter

Ergo

No abstract provided.


Vol. 53, No. 02 (August 28, 2017) Aug 2017

Vol. 53, No. 02 (August 28, 2017)

Indiana Law Annotated

No abstract provided.


Vol. 53, No. 01 (August 21, 2017) Aug 2017

Vol. 53, No. 01 (August 21, 2017)

Indiana Law Annotated

No abstract provided.


August 2017 Newsletter Aug 2017

August 2017 Newsletter

Ergo

No abstract provided.


Do Unions Promote Rights For People With Disabilities?, Lilach Lurie Jul 2017

Do Unions Promote Rights For People With Disabilities?, Lilach Lurie

Indiana Journal of Law and Social Equality

Scholars and international organizations emphasize the role of unions in promoting disability rights. Nonetheless, previous studies showed that unions may underrepresent people with disabilities. The current research aims to contribute to this debate through an empirical examination of collective agreements in Israel. The research shows that although collective agreements in Israel promote disability insurance and job security for people with disabilities, they do not promote accommodations or employability security for workers with disabilities. Moreover, the research shows that coordination between unions and disability organizations is essential to promote the rights of workers with disabilities. Lastly, the research emphasizes the importance ...


Criminalizing Pregnancy, Cortney Lollar Jul 2017

Criminalizing Pregnancy, Cortney Lollar

Indiana Law Journal

The state of Tennessee arrested a woman two days after she gave birth and charged her with assault of her newborn child based on her use of narcotics during her preg-nancy. Tennessee’s 2014 assault statute was the first to explicitly criminalize the use of drugs by a pregnant woman. But this law, along with others like it being considered by legislatures across the country, is only the most recent manifestation of a long history of using criminal law to punish poor mothers and mothers of color for their behavior while pregnant. The purported motivation for such laws is the ...


Beyond "Best Practices": Employment-Discrimination Law In The Neoliberal Era, Deborah Dinner Jul 2017

Beyond "Best Practices": Employment-Discrimination Law In The Neoliberal Era, Deborah Dinner

Indiana Law Journal

Why does U.S. legal culture tolerate unprecedented economic inequality even as it valorizes social equality along identity lines? This Article takes a significant step toward answering this question by examining the relationship between U.S. employment-discrimination law and neoliberalism. It shows that the rise of anti-discrimination ideals in the late twentieth century was intertwined with the de-regulation of labor and with cutbacks in the welfare state. The Article argues that even “best practices” to prevent employment discrimination are insufficient to realize a labor market responsive to the needs of low-income workers for adequate wages, safe work conditions, and work ...


Self-Help, Reimagined, J. David Griener, Dalie Jimenez, Lois Lupica Jul 2017

Self-Help, Reimagined, J. David Griener, Dalie Jimenez, Lois Lupica

Indiana Law Journal

We will never have enough lawyers to serve the civil legal needs of all low- and moderate-income (LMI) individuals who must navigate civil legal problems. A significant part of the access-to-justice toolkit must include self-help materials. That much is not new; indeed, the legal aid community has been actively developing pro se guides and forms for decades. But the community has hamstrung its creations in two major ways: first, by focusing these materials almost exclusively on educating LMI individuals about formal law, and second, by considering the task complete once the materials have been made available to self-represented individuals. In ...


Pharmaceutical Federalism, Patricia J. Zettler Jul 2017

Pharmaceutical Federalism, Patricia J. Zettler

Indiana Law Journal

There is growing interest in states regulating pharmaceuticals in ways that challenge the U.S. Food and Drug Administration’s (FDA) federal oversight. For example, in 2013, Maine enacted a law to permit the importation of unapproved drugs, reflecting concerns that federal requirements are too restrictive, while in 2014 Massachusetts banned an FDA-approved painkiller, reflecting concerns that federal requirements are too lax. This Article provides an account of this recent state interest in regulating drugs and considers its consequences. It argues that these state regulatory efforts, and the nascent litigation about them, demonstrate that the preemptive reach of the FDA ...


Measuring The Creative Plea Bargin, Thea Johnson Jul 2017

Measuring The Creative Plea Bargin, Thea Johnson

Indiana Law Journal

A great deal of criminal law scholarship and practice turns on whether a defendant gets a good deal through plea bargaining. But what is a good deal? And how do defense attorneys secure such deals? Much scholarship measures plea bargains by one metric: how many years the defendant receives at sentencing. In the era of collateral consequences, however, this is no longer an adequate metric as it misses a world of bargaining that happens outside of the sentence. Through empirical re-search, this Article examines the measure of a good plea and the work that goes into negotiating such a plea ...


Dissenting From History: The False Narratives Of The Obergefell Dissents, Christopher R. Leslie Jul 2017

Dissenting From History: The False Narratives Of The Obergefell Dissents, Christopher R. Leslie

Indiana Law Journal

According to a quote attributed to numerous philosophers and political leaders, “History is written by victors.”1 In the legal battle over same-sex marriage, those opposed to marriage equality have attempted to disprove this age-old adage. In response to the majority opinion in Obergefell v. Hodges—which held that state laws banning same-sex marriage violate the Fourteenth Amendment—each of the four dissenting Justices issued his own dissenting opinion. Every one of these dissents misrepresented the circumstances and precedent leading up to the Obergefell decision. Collectively, the Obergefell dissenters have valiantly tried to rewrite America’s legal, constitutional, and social ...


National Protection Of Student-Athlete Mental Health: The Case For Federal Regulation Over The National Collegiate Athletic Association, Jayce Born Jul 2017

National Protection Of Student-Athlete Mental Health: The Case For Federal Regulation Over The National Collegiate Athletic Association, Jayce Born

Indiana Law Journal

No abstract provided.


Transformative Events In The Lgbtq Rights Movement, Ellen A. Andersen Jul 2017

Transformative Events In The Lgbtq Rights Movement, Ellen A. Andersen

Indiana Journal of Law and Social Equality

Obergefell v. Hodges, the 2015 Supreme Court case holding that same-sex couples had a constitutional right to marry under the Due Process Clause of the Fourteenth Amendment, was widely hailed in the media as a turning point for the LGBTQ rights movement. In this article, I contemplate the meaning of turning points. Social movement scholars have shown that specific events can, on rare occasion, alter the subsequent trajectory of a social movement. Such events have been termed ‘transformative events.’ I ask whether judicial decisions have the capacity to be transformative events and, if so, under what circumstances. I begin by ...


“Toiling In The Danger And In The Morals Of Despair”: Risk, Security, Danger, The Constitution, And The Clinician’S Dilemma, Michael L. Perlin, Alison Julia Lynch Jul 2017

“Toiling In The Danger And In The Morals Of Despair”: Risk, Security, Danger, The Constitution, And The Clinician’S Dilemma, Michael L. Perlin, Alison Julia Lynch

Indiana Journal of Law and Social Equality

No abstract provided.