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Full-Text Articles in Law

Digitizing The Indiana Code, Susan David Demaine, Benjamin J. Keele Oct 2019

Digitizing The Indiana Code, Susan David Demaine, Benjamin J. Keele

Articles by Maurer Faculty

The Ruth Lilly Law Library holds one of the most complete sets of the official Indiana Code in print, and we often receive research requests for sections of the historical Code from attorneys and other researchers. The print collection is far more complete than anything available online and is freely available for anyone to use, but this generally requires a trip to the library. Currently, there is no free online public access to the Indiana Code predating 2009, and paid access offers no codes between 1921 and 1990. We have set out to change this.


Keeping Up With New Legal Titles, Susan David Demaine, Susan Azyndar Oct 2019

Keeping Up With New Legal Titles, Susan David Demaine, Susan Azyndar

Articles by Maurer Faculty

No abstract provided.


Keeping Up With New Legal Titles, Susan David Demaine, Susan Azyndar Jul 2019

Keeping Up With New Legal Titles, Susan David Demaine, Susan Azyndar

Articles by Maurer Faculty

No abstract provided.


Keeping Up With New Legal Titles, Susan David Demaine, Susan Azyndar Apr 2019

Keeping Up With New Legal Titles, Susan David Demaine, Susan Azyndar

Articles by Maurer Faculty

No abstract provided.


Toward Restoring Rule-Of-Law Norms, Dawn E. Johnsen Jan 2019

Toward Restoring Rule-Of-Law Norms, Dawn E. Johnsen

Articles by Maurer Faculty

No abstract provided.


The Cultural Politics Of Dan Quayle And Mike Pence, Steve Sanders Jan 2019

The Cultural Politics Of Dan Quayle And Mike Pence, Steve Sanders

Articles by Maurer Faculty

This essay was part of an Indiana Law Review symposium on the five U.S. vice presidents who have hailed from Indiana.

The Gallup polling organization classifies Indiana as a “pink” state, rather than a “red” state, meaning it leans Republican but is not solidly in the GOP column. Yet, if an image of Indiana persists in many people’s minds as a bastion of social conservatism and tradition, that image likely has been shaped in part by the two most recent vice presidents the Hoosier state has sent to Washington: Dan Quayle and Mike Pence.

In selecting their running mates, major …


Foreign Nations, Constitutional Rights, And International Law, Austen L. Parrish Jan 2019

Foreign Nations, Constitutional Rights, And International Law, Austen L. Parrish

Articles by Maurer Faculty

No abstract provided.


Technologically Distorted Conceptions Of Punishment, Jessica M. Eaglin Jan 2019

Technologically Distorted Conceptions Of Punishment, Jessica M. Eaglin

Articles by Maurer Faculty

Much recent work in academic literature and policy discussions suggests that the proliferation of actuarial — meaning statistical — assessments of a defendant’s recidivism risk in state sentencing structures is problematic. Yet scholars and policymakers focus on changes in technology over time while ignoring the effects of these tools on society. This Article shifts the focus away from technology to society in order to reframe debates. It asserts that sentencing technologies subtly change key social concepts that shape punishment and society. These same conceptual transformations preserve problematic features of the sociohistorical phenomenon of mass incarceration. By connecting technological interventions and …


Stepping Up Access To The Indiana Code: Partnering For Increased Access And Preservation, Susan David Demaine, Benjamin J. Keele, Hannah Alcasid Jan 2019

Stepping Up Access To The Indiana Code: Partnering For Increased Access And Preservation, Susan David Demaine, Benjamin J. Keele, Hannah Alcasid

Articles by Maurer Faculty

No abstract provided.


Annual Report Of The Indiana Universiy Maurer School Of Law Digital Repository, 2017/18, Richard Vaughan Nov 2018

Annual Report Of The Indiana Universiy Maurer School Of Law Digital Repository, 2017/18, 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.


Book Review Of Finding Answers To Legal Questions, Second Edition, Susan David Demaine Oct 2018

Book Review Of Finding Answers To Legal Questions, Second Edition, Susan David Demaine

Articles by Maurer Faculty

No abstract provided.


Access To The Justices’ Papers: A Better Balance, Susan Demaine Apr 2018

Access To The Justices’ Papers: A Better Balance, Susan Demaine

Articles by Maurer Faculty

This article explores the history of Supreme Court Justices’ papers and their status as private property. It discusses questions of access, the public’s interest in understanding the Court and its decisions, and the effect of the Justices’ papers on scholarship and popular research. Several options for encouraging greater openness are proposed.


Evolution Of The Racial Identity Of Children Of Loving: Has Our Thinking About Race And Racial Issues Become Obsolete?, Kevin D. Brown Jan 2018

Evolution Of The Racial Identity Of Children Of Loving: Has Our Thinking About Race And Racial Issues Become Obsolete?, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.


Legal Activism In The Face Of Political Challenges: The Nigerian Case, Jayanth K. Krishnan, Kunle Ajagbe Jan 2018

Legal Activism In The Face Of Political Challenges: The Nigerian Case, Jayanth K. Krishnan, Kunle Ajagbe

Articles by Maurer Faculty

Countries that move from authoritarianism to democracy often see increased rights-based, social justice lawyering after the transition. Given the new freedoms and opportunities present, this outcome is hardly surprising. However, relying on a literature and theoretical frame developed over the past two decades, this study argues that, in fact, such lawyering can have its historical roots in the legal activism that occurred during previous authoritarian periods. Consider Africa’s most populous country – Nigeria. Since gaining independence in 1960, Nigeria has witnessed, in total, nearly 30 years of military dictatorship. In 1999, the country adopted a democratic system of government, which …


Access To Print, Access To Justice, Kimberly Mattioli Jan 2018

Access To Print, Access To Justice, Kimberly Mattioli

Articles by Maurer Faculty

This article examines the relationship between self-represented litigants and digital literacy and how this particularly vulnerable patron group stands to be harmed by the elimination of print materials from public law libraries. An examination of the literature and a survey help to shed light on this growing problem.


The Eu, Democracy And Institutional Structure: Past, Present And Future, Paul Craig Jan 2018

The Eu, Democracy And Institutional Structure: Past, Present And Future, Paul Craig

Articles by Maurer Faculty

No abstract provided.


Reaching And Teaching Millennials: Designing The Future Of Student Services, Kimberly Mattioli, Brian Detweiler, Mike Martinez Jr. Jan 2018

Reaching And Teaching Millennials: Designing The Future Of Student Services, Kimberly Mattioli, Brian Detweiler, Mike Martinez Jr.

Articles by Maurer Faculty

Today’s students have come to expect library services that are quite different from their predecessors and law librarians must evolve to meet their needs. As law libraries in the United States face the realities of declining enrolment and decreasing budgets, it is imperative that we find new and creative ways to build positive relationships with our students while also preparing them for the realities of practicing law in an environment driven by rapid technological change. Three law librarians from the United States, Brian Detweiler, Kimberly Mattioli, and Mike Martinez, Jr., discuss their successes and failures in reaching out to their …


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.


Linda Fariss Retirement Celebration, Indiana University Maurer School Of Law Jan 2017

Linda Fariss Retirement Celebration, Indiana University Maurer School Of Law

Maurer Law Events

After 40 years of service, Linda Fariss retires as Director of the Jerome Hall Law Library. This celebration took place on January 27th, 2017. Remarks were made by Dean Austen Parrish, Acting Director Keith Buckley, Professors Don Gjerdingen and Kevin Brown, as well as George P Smith II, '64. Linda's official faculty portrait was revealed as well


Laws, Norms, And The Institutional Analysis And Development Framework, Daniel H. Cole Jan 2017

Laws, Norms, And The Institutional Analysis And Development Framework, Daniel H. Cole

Articles by Maurer Faculty

Elinor Ostrom’s Institutional Analysis and Development (IAD) framework has been described as ‘one of the most developed and sophisticated attempts to use institutional and stakeholder assessment in order to link theory and practice, analysis and policy’. But not all elements in the framework are sufficiently well developed. This paper focuses on one such element: the ‘rules-in-use’ (a.k.a. ‘rules’ or ‘working rules’). Specifically, it begins a long-overdue conversation about relations between formal legal rules and ‘working rules’ by offering a tentative and very simple typology of relations. Type 1: Some formal legal rules equal or approximate the working rules; Type 2: …


Constructing Recidivism Risk, Jessica M. Eaglin Jan 2017

Constructing Recidivism Risk, Jessica M. Eaglin

Articles by Maurer Faculty

Courts increasingly use actuarial meaning statistically derived information about a defendant's likelihood of engaging in criminal behavior in the future at sentencing. This Article examines how developers construct the tools that predict recidivism risk. It exposes the numerous choices that developers make during tool construction with serious consequences to sentencing law and policy. These design decisions require normative judgments concerning accuracy, equality, and the purpose of punishment. Whether and how to address these concerns reflects societal values about the administration of criminal justice more broadly. Currently, developers make these choices in the absence of law, even as they face distinct …


The Impact Of Emerging Information Technologies On The Employment Relationship: New Gigs For Labor And Employment Law, Kenneth G. Dau-Schmidt Jan 2017

The Impact Of Emerging Information Technologies On The Employment Relationship: New Gigs For Labor And Employment Law, Kenneth G. Dau-Schmidt

Articles by Maurer Faculty

The technology of production has always shaped the employment relationship and the issues that are important in labor and employment law. Since at least the late 1970s the American economy has adopted information technology that promises to change the employment relationship in ways at least as profound as those wrought by the other revolutions in general production technology, such as the adoption of steam power, electricity, or methods of mass production. The global network of programmable machines of the information age allows us to communicate and process much more information, much more quickly than ever previously imagined. This increased informational …


Predictive Analytics' Punishment Mismatch, Jessica M. Eaglin Jan 2017

Predictive Analytics' Punishment Mismatch, Jessica M. Eaglin

Articles by Maurer Faculty

No abstract provided.


President Trump, Trade Policy, And American Grand Strategy: From Common Advantage To Collective Carnage, David P. Fidler Jan 2017

President Trump, Trade Policy, And American Grand Strategy: From Common Advantage To Collective Carnage, David P. Fidler

Articles by Maurer Faculty

As a candidate for president of the United States, Donald J. Trump promised to abandon longstanding U.S. approaches to trade and pursue strategies anchored in protectionism and nationalism. This article examines President Trump’s trade policy ideas and proposals and highlights the extent to which he intends to disrupt traditions of U.S. policymaking on trade. The article also analyzes whether domestic and international politics might shift the Trump administration away from a radical approach back towards trade policies that approximate how the United States has managed trade for decades. If such a shift does not occur, the Trump administration’s trade policy …


Annual Report Of The Indiana University Maurer School Of Law Digital Repository, 2015/16, Richard Vaughan Oct 2016

Annual Report Of The Indiana University Maurer School Of Law Digital Repository, 2015/16, 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.


Access To Justice?: A Study Of Access Restrictions On The Papers Of U.S. Supreme Court Justices, Susan David Demaine, Benjamin J. Keele Jul 2016

Access To Justice?: A Study Of Access Restrictions On The Papers Of U.S. Supreme Court Justices, Susan David Demaine, Benjamin J. Keele

Articles by Maurer Faculty

For scholars of law, history, and government—and the American public—the papers of all Supreme Court Justices are of vital importance. They contribute to biographies, histories, and legal critiques. Our understanding of the Court and its decisions is enriched by access to the thinking of the justices. In turn, this knowledge informs our views on our laws and social order and helps shape the future of our legal, political, and even moral culture. Despite the importance of these papers, many justices who have donated their papers in the past 75 years or so have placed restrictions on access to the collection. …


The Distractions Of Technology, Kimberly Mattioli Mar 2016

The Distractions Of Technology, Kimberly Mattioli

Articles by Maurer Faculty

Since the moment I became a librarian, I have had a problem with technology. It’s not that I can’t keep up with the developments or that I can’t figure out ways to incorporate technology into my work. My problem is much simpler in a way—I find technology too distracting. With my desktop, my phone, and my iPad sitting in my office, how could I not be drawn to the glowing screens and the limitless websites before me? The Internet is never-ending, and so too, it seems, is my ability to be distracted by it. With a little dedication, however, I …


External Forces, Internal Dynamics: Foreign Legal Actors And Their Impact On Domestic Affairs (Book Review), Jayanth K. Krishnan, Vitor M. Dias, Martin Hevia Jan 2016

External Forces, Internal Dynamics: Foreign Legal Actors And Their Impact On Domestic Affairs (Book Review), Jayanth K. Krishnan, Vitor M. Dias, Martin Hevia

Articles by Maurer Faculty

This Review examines the influence of foreign legal actors on jurisdictions that are not their own. Rachel Stern, a scholar of China, reflects on this point in her groundbreaking book published in 2013. In her penultimate chapter, Stern discusses how such foreign legal actors wield influence in China because of their presence on the ground. Building off of Stern's research, this Review proceeds to ask whether foreign legal actors can influence a domestic environment when that environment prohibits them from permanently working there. The analysis below will suggest so, arguing that the forces of globalization can enable foreign legal …


Booker's Ironies, Ryan W. Scott Jan 2016

Booker's Ironies, Ryan W. Scott

Articles by Maurer Faculty

No abstract provided.


Book Review. Locating U.S. Government Information Handbook, 3rd Ed. By E. Herman And T. Belniak, Jennifer Morgan Jan 2016

Book Review. Locating U.S. Government Information Handbook, 3rd Ed. By E. Herman And T. Belniak, Jennifer Morgan

Articles by Maurer Faculty

No abstract provided.