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Articles 1 - 30 of 47
Full-Text Articles in Law
Aman Reflects On "Page-Turning" Opportunities Throughout His Indiana Law Tenure, Kenneth L. Turchi, Alfred Aman
Aman Reflects On "Page-Turning" Opportunities Throughout His Indiana Law Tenure, Kenneth L. Turchi, Alfred Aman
Alfred Aman Jr. (1991-2002)
After nearly 50 years of practicing, teaching, and administration, Alfred C. (Fred) Aman, Jr., took emeritus status at the end of the 2019–2020 academic year. Earlier this fall, he visited with ergo editor Ken Turchi to reflect on his distinguished career.
Vol. 59, No. 12 (November 9, 2020)
Vol. 59, No. 11 (November 2, 2020)
Vol. 59, No. 10 (October 26, 2020)
Vol. 59, No. 09 (October 19, 2020)
Vol. 59, No. 08 (October 12, 2020)
Vol. 59, No. 07 (October 5, 2020)
Bicentennial Alumni Research Project, Indiana University Maurer School Of Law
Bicentennial Alumni Research Project, Indiana University Maurer School Of Law
Historic Documents
In summer 2020, eighteen incoming law students (0Ls) were chosen as IU Maurer School of Law Bicentennial Research Scholars to work with Dean Austen Parrish and Libby Steinbach (Executive Assistant in the Dean's Office) over a two-month period in June and July 2020. The scholars were asked to interview a range of alumni who volunteered to be interviewed and who have played an important role in the life of law school. Scholars were tasked with writing an alumni profile for each alumnus interviewed. This report is the result of those efforts and a compilation of the alumni profiles.
How To Fix Legal Scholarmush, Adam Kolber
How To Fix Legal Scholarmush, Adam Kolber
Indiana Law Journal
Legal scholars often fail to distinguish descriptive claims about what the law is from normative claims about what it ought to be. The distinction couldn’t be more important, yet scholars frequently mix it up, leading them to mistake legal authority for moral authority, treat current law as a justification for itself, and generally use rhetorical strategies more appropriate for legal practice than scholarship. As a result, scholars sometimes talk past each other, generating not scholarship but “scholarmush.”
In recent years, legal scholarship has been criticized as too theoretical. When it comes to normative scholarship, however, the criticism is off the …
Fee-Shifting Statutes And Compensation For Risk, Maureen Carroll
Fee-Shifting Statutes And Compensation For Risk, Maureen Carroll
Indiana Law Journal
A law firm that enters into a contingency arrangement provides the client with more than just its attorneys’ labor. It also provides a form of financing, because the firm will be paid (if at all) only after the litigation ends; and insurance, because if the litigation results in a low recovery (or no recovery at all), the firm will absorb the direct and indirect costs of the litigation. Courts and markets routinely pay for these types of risk-bearing services through a range of mechanisms, including state feeshifting statutes, contingent percentage fees, common-fund awards, alternative fee arrangements, and third-party litigation funding. …
Vol. 59, No. 06 (September 28, 2020)
Vol. 59, No. 05 (September 21, 2020)
Vol. 59, No. 04 (September 14, 2020)
Vol. 59, No. 03 (September 7, 2020)
Vol. 59, No. 02 (August 31, 2020)
Vol. 59, No. 01 (August 24, 2020)
Flipping The Script On Brady, Ion Meyn
Flipping The Script On Brady, Ion Meyn
Indiana Law Journal
Brady v. Maryland imposes a disclosure obligation on the prosecutor and, for this
reason, is understood to burden the prosecutor. This Article asks whether Brady also
benefits the prosecutor, and if so, how and to what extent does it accomplish this?
This Article first considers Brady’s structural impact—how the case influenced
broader dynamics of litigation. Before Brady, legislative reform transformed civil
and criminal litigation by providing pretrial information to civil defendants but not
to criminal defendants. Did this disparate treatment comport with due process?
Brady arguably answered this question by brokering a compromise: in exchange for
imposing minor obligations on …
2020 Recognition Ceremony Program
Dean's Desk: Amid Covid-19 Shutdown, Iu Maurer Displays Resilience, Austen L. Parrish
Dean's Desk: Amid Covid-19 Shutdown, Iu Maurer Displays Resilience, Austen L. Parrish
Austen Parrish (2014-2022)
The spring semester is coming to a close in Bloomington, but in ways none of us expected. The COVID-19 pandemic required us to shift to teaching remotely in a matter of days, and all on-campus events — including commencement — have been canceled or postponed. Fortunately, when classes resumed remotely March 30, our students, faculty and staff more than rose to the occasion and pulled together, and the transition has been smoother than expected.
Our community’s resilience and positive attitude through the pandemic have led me to reflect more broadly on the wonderful support — financial and otherwise — we …
Vol. 58, No. 14 (April 20, 2020)
Vol. 58, No. 13 (April 13, 2020)
Vol. 58, No. 12 (April 6, 2020)
Dean's Perspective: The Bar Exam: It's Time For Indiana To Adopt A Uniform Bar Exam, Austen L. Parrish
Dean's Perspective: The Bar Exam: It's Time For Indiana To Adopt A Uniform Bar Exam, Austen L. Parrish
Articles by Maurer Faculty
For most of us, the Bar Exam conjures up memories of grueling prep courses, intensive studying, and a couple of long days of exhaustive tests. In a way, the exam is the final rite of passage from law student to law practitioner. The exam is intended to test minimal professional competency, evaluating an applicant's legal reasoning and ability to apply general legal principles to various fact patterns.
Recently, bar exams throughout the United States have come under scrutiny. Nationwide pass rates have declined significantly. The same has been true for Indiana. Even though pass rates for first-time takers at the …