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Maurer School of Law: Indiana University

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Full-Text Articles in Law

Commencement Calls For Review Of Annual Milestones, Austen L. Parrish May 2019

Commencement Calls For Review Of Annual Milestones, Austen L. Parrish

Austen Parrish (2014-)

This weekend is a time of celebration in Bloomington, as we welcome friends and family of the Class of 2019 for our annual commencement ceremony. It’s an important milestone in our students’ lives. Commencement is also a time for looking back. The past year saw several significant milestones for the IU Maurer School of Law. I’d like to touch on just a few of them in this month’s column.


May 2019 Newsletter May 2019

May 2019 Newsletter

Ergo

No abstract provided.


Vol. 56, No. 13 (April 15, 2019) Apr 2019

Vol. 56, No. 13 (April 15, 2019)

Indiana Law Annotated

No abstract provided.


2019 Academy Of Law Alumni Fellows Dinner And Induction Ceremony Program Apr 2019

2019 Academy Of Law Alumni Fellows Dinner And Induction Ceremony Program

Academy of Law Alumni Fellows

No abstract provided.


Vol. 56, No. 12 (April 8, 2019) Apr 2019

Vol. 56, No. 12 (April 8, 2019)

Indiana Law Annotated

No abstract provided.


April 2019 Newsletter Apr 2019

April 2019 Newsletter

Ergo

No abstract provided.


Vol. 56, No. 11 (April 1, 2019) Apr 2019

Vol. 56, No. 11 (April 1, 2019)

Indiana Law Annotated

No abstract provided.


Vol. 56, No. 10 (March 25, 2019) Mar 2019

Vol. 56, No. 10 (March 25, 2019)

Indiana Law Annotated

No abstract provided.


Vol. 56, No. 09 (March 18, 2019) Mar 2019

Vol. 56, No. 09 (March 18, 2019)

Indiana Law Annotated

No abstract provided.


Vol. 56, No. 08 (March 4, 2019) Mar 2019

Vol. 56, No. 08 (March 4, 2019)

Indiana Law Annotated

No abstract provided.


March 2019 Newsletter Mar 2019

March 2019 Newsletter

Ergo

No abstract provided.


Vol. 56, No. 07 (February 25, 2019) Feb 2019

Vol. 56, No. 07 (February 25, 2019)

Indiana Law Annotated

No abstract provided.


Vol. 56, No. 06 (February 18, 2019) Feb 2019

Vol. 56, No. 06 (February 18, 2019)

Indiana Law Annotated

No abstract provided.


Vol. 56, No. 05 (February 11, 2019) Feb 2019

Vol. 56, No. 05 (February 11, 2019)

Indiana Law Annotated

No abstract provided.


Vol. 56, No. 04 (February 4, 2019) Feb 2019

Vol. 56, No. 04 (February 4, 2019)

Indiana Law Annotated

No abstract provided.


February 2019 Newsletter Feb 2019

February 2019 Newsletter

Ergo

No abstract provided.


Vol. 56, No. 03 (January 28, 2019) Jan 2019

Vol. 56, No. 03 (January 28, 2019)

Indiana Law Annotated

No abstract provided.


Vol. 56, No. 02 (January 21, 2019) Jan 2019

Vol. 56, No. 02 (January 21, 2019)

Indiana Law Annotated

No abstract provided.


Vol. 56, No. 01 (January 14, 2019) Jan 2019

Vol. 56, No. 01 (January 14, 2019)

Indiana Law Annotated

No abstract provided.


The Provost's Path: How More Than 200 Scholars Reached The Top Academic Job On Campus, And Where They Went Next, Audrey Williams June Jan 2019

The Provost's Path: How More Than 200 Scholars Reached The Top Academic Job On Campus, And Where They Went Next, Audrey Williams June

Lauren Robel (2002 Acting; 2003-2011)

For professors who have risen through the ranks of academic administration, serving as provost lets them broaden their reach. Provosts set an institution’s academic vision, supervise deans, oversee accreditation, create strategic plans, and manage budgets, among other things. It’s also a job with cachet on campus. The provost, second in command, is widely recognized as having a job that is a steppingstone to other high-profile positions, particularly a college presidency.

In more ways than one, the provost’s role is a pivotal one, and even more so at the sprawling academic enterprises that are the nation’s top ...


Introducing The Global Data Privacy Prize, Fred H. Cate, Christopher Kuner, Orla Lynskey, Christopher Millard, Nora Ni Loideain, Dan Jerker B. Svantesson Jan 2019

Introducing The Global Data Privacy Prize, Fred H. Cate, Christopher Kuner, Orla Lynskey, Christopher Millard, Nora Ni Loideain, Dan Jerker B. Svantesson

Articles by Maurer Faculty

No abstract provided.


If The Legislature Had Been Serious About Data Privacy..., Fred H. Cate, Christopher Kuner, Orla Lynskey, Christopher Millard, Nora Ni Loideain, Dan Jerker B. Svantesson Jan 2019

If The Legislature Had Been Serious About Data Privacy..., Fred H. Cate, Christopher Kuner, Orla Lynskey, Christopher Millard, Nora Ni Loideain, Dan Jerker B. Svantesson

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.


Aba Rpte Conservation Easement Task Force Report: Recommendations Regarding Conservation Easements And Federal Tax Law, W. William Weeks Jan 2019

Aba Rpte Conservation Easement Task Force Report: Recommendations Regarding Conservation Easements And Federal Tax Law, W. William Weeks

Articles by Maurer Faculty

Authors' Synopsis: In October 2015, the American Bar Association's Real Property, Trust and Estate Law (RPTE) section convened a Conservation Easement Task Force. The objective of the Task Force was to provide recommendations regarding federal tax law as it relates to conservation easements. This Report is the culmination of the Task Force's work. Part I of the Report is an Executive Summary of the Task Force's recommendations. Part II provides the background necessary to understand the Task Force's recommendations. Part III briefly sets forth the Task Force's comments on the Tax Cuts and Jobs Act ...


Personal Jurisdiction: The Transnational Difference, Austen L. Parrish Jan 2019

Personal Jurisdiction: The Transnational Difference, Austen L. Parrish

Articles by Maurer Faculty

This Article engages with some of the key debates that have emerged among international Iaw and civil procedure scholars by examining the flurry of recent transnational cases that have become a common feature on the U.S. Supreme Court's docket. It makes three principal contributions. First, it explains how the recent decisions involving persona jurisdiction should be understood within, and partly limited to, their international contexts. Disputes in involving non-resident foreign defendants raise different considerations than those involving defendants in the United States, and this Article canvasses those differences. If a concern previously was that courts gave too short ...


Engineered Credit Default Swaps: Innovative Or Manipulative?, Gina-Gail S. Fletcher Jan 2019

Engineered Credit Default Swaps: Innovative Or Manipulative?, Gina-Gail S. Fletcher

Articles by Maurer Faculty

Credit default swaps (“CDS”) are, once again, making waves. Maligned for their role in the 2008 financial crisis and condemned by the Vatican, investors are once more utilizing CDS to achieve results of questionable market benefit. A CDS is a financial contract that allows investors to “bet” on whether a borrower will default on its loan. However, rather than waiting to see how their bets pan out, some CDS investors are collaborating with financially distressed borrowers to guarantee the profitability of their CDS positions—“engineering” the CDS’ outcome. Under the CDS contract, these collaborations are not prohibited, yet they have ...


On Yang's Proposed Federal Tax On Subnational Tax Incentives, David Gamage, Darien Shanske Jan 2019

On Yang's Proposed Federal Tax On Subnational Tax Incentives, David Gamage, Darien Shanske

Articles by Maurer Faculty

This essay analyzes presidential candidate Andrew Yang’s proposal to tax subnational tax incentives for companies at a rate of 100 percent.


States Should Conform To Gilti, Part 3: Elevator Pitch And Q & A, David Gamage, Darien Shanske Jan 2019

States Should Conform To Gilti, Part 3: Elevator Pitch And Q & A, David Gamage, Darien Shanske

Articles by Maurer Faculty

This essay argues that the states should conform to the post-2017 federal tax law's provision for Global Intangible Low-Taxed Income (or “GILTI”). This essay is directed at state legislators and their staffs and presents the argument as succinctly as possible.

Our argument can be summarized in three sentences. First, states should conform to GILTI because there is significant evidence that profit shifting is substantially eroding their corporate tax bases. Second, GILTI is a tool for identifying shifted profits. Third, there are many legally and analytically sound ways to apportion GILTI income to a state.

We also - briefly - counter the ...


Animus And Its Alternatives: Constitutional Principle And Judicial Prudence, Daniel O. Conkle Jan 2019

Animus And Its Alternatives: Constitutional Principle And Judicial Prudence, Daniel O. Conkle

Articles by Maurer Faculty

In a series of cases addressing sexual orientation and other issues, the Supreme Court has ruled that animus-based lawmaking is constitutionally impermissible. The Court treats animus as an independent and sufficient basis for invalidation. Moreover, it appears to regard animus as a doctrine of first resort, to be utilized even when an alternative constitutional rationale, such as declaring a challenged classification suspect or quasi-suspect, would readily justify the same result. Responding especially to Professor William D. Araiza’s elaboration and defense of the Court’s animus doctrine, I agree that this doctrine is sound, indeed compelling, as a matter of ...


Dignity And Social Meaning: Obergefell, Windsor, And Lawrence As Constitutional Dialogue, Steve Sanders Jan 2019

Dignity And Social Meaning: Obergefell, Windsor, And Lawrence As Constitutional Dialogue, Steve Sanders

Articles by Maurer Faculty

The U.S. Supreme Court’s three most important gay and lesbian rights decisions—Obergefell v. Hodges, United States v. Windsor, and Lawrence v. Texas—are united by the principle that gays and lesbians are entitled to dignity. Beyond their tangible consequences, the common constitutional evil of state bans on same-sex marriage, the federal Defense of Marriage Act, and sodomy laws was that they imposed dignitary harm. This Article explores how the gay and lesbian dignity cases exemplify the process by which constitutional law emerges from a social and cultural dialogue in which the Supreme Court actively participates. In doing ...