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Full-Text Articles in Law

December 2020 Magazine Dec 2020

December 2020 Magazine

Ergo

No abstract provided.


Aman Reflects On "Page-Turning" Opportunities Throughout His Indiana Law Tenure, Kenneth L. Turchi, Alfred Aman Dec 2020

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) Nov 2020

Vol. 59, No. 12 (November 9, 2020)

Indiana Law Annotated

No abstract provided.


Vol. 59, No. 11 (November 2, 2020) Nov 2020

Vol. 59, No. 11 (November 2, 2020)

Indiana Law Annotated

No abstract provided.


November 2020 Newletter Nov 2020

November 2020 Newletter

Ergo

No abstract provided.


Vol. 59, No. 10 (October 26, 2020) Oct 2020

Vol. 59, No. 10 (October 26, 2020)

Indiana Law Annotated

No abstract provided.


Vol. 59, No. 09 (October 19, 2020) Oct 2020

Vol. 59, No. 09 (October 19, 2020)

Indiana Law Annotated

No abstract provided.


Vol. 59, No. 08 (October 12, 2020) Oct 2020

Vol. 59, No. 08 (October 12, 2020)

Indiana Law Annotated

No abstract provided.


Vol. 59, No. 07 (October 5, 2020) Oct 2020

Vol. 59, No. 07 (October 5, 2020)

Indiana Law Annotated

No abstract provided.


Bicentennial Alumni Research Project, Indiana University Maurer School Of Law Oct 2020

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 Oct 2020

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 Oct 2020

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) Sep 2020

Vol. 59, No. 06 (September 28, 2020)

Indiana Law Annotated

No abstract provided.


Vol. 59, No. 05 (September 21, 2020) Sep 2020

Vol. 59, No. 05 (September 21, 2020)

Indiana Law Annotated

No abstract provided.


Vol. 59, No. 04 (September 14, 2020) Sep 2020

Vol. 59, No. 04 (September 14, 2020)

Indiana Law Annotated

No abstract provided.


Vol. 59, No. 03 (September 7, 2020) Sep 2020

Vol. 59, No. 03 (September 7, 2020)

Indiana Law Annotated

No abstract provided.


September 2020 Newsletter Sep 2020

September 2020 Newsletter

Ergo

No abstract provided.


Vol. 59, No. 02 (August 31, 2020) Aug 2020

Vol. 59, No. 02 (August 31, 2020)

Indiana Law Annotated

No abstract provided.


Vol. 59, No. 01 (August 24, 2020) Aug 2020

Vol. 59, No. 01 (August 24, 2020)

Indiana Law Annotated

No abstract provided.


August 2020 Newsletter Aug 2020

August 2020 Newsletter

Ergo

No abstract provided.


Flipping The Script On Brady, Ion Meyn Jul 2020

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 …


June 2020 Newsletter Jun 2020

June 2020 Newsletter

Ergo

No abstract provided.


June 2020 Magazine Jun 2020

June 2020 Magazine

Ergo

No abstract provided.


2020 Recognition Ceremony Program May 2020

2020 Recognition Ceremony Program

Recognition Ceremony

No abstract provided.


Dean's Desk: Amid Covid-19 Shutdown, Iu Maurer Displays Resilience, Austen L. Parrish Apr 2020

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) Apr 2020

Vol. 58, No. 14 (April 20, 2020)

Indiana Law Annotated

No abstract provided.


Vol. 58, No. 13 (April 13, 2020) Apr 2020

Vol. 58, No. 13 (April 13, 2020)

Indiana Law Annotated

No abstract provided.


Vol. 58, No. 12 (April 6, 2020) Apr 2020

Vol. 58, No. 12 (April 6, 2020)

Indiana Law Annotated

No abstract provided.


April 2020 Newsletter Apr 2020

April 2020 Newsletter

Ergo

No abstract provided.


Dean's Perspective: The Bar Exam: It's Time For Indiana To Adopt A Uniform Bar Exam, Austen L. Parrish Apr 2020

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 …