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2000

Maurer School of Law: Indiana University

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Articles 31 - 60 of 63

Full-Text Articles in Law

Vol. 18, No. 03 (January 24, 2000) Jan 2000

Vol. 18, No. 03 (January 24, 2000)

Indiana Law Annotated

No abstract provided.


Vol. 18, No. 02 (January 18, 2000) Jan 2000

Vol. 18, No. 02 (January 18, 2000)

Indiana Law Annotated

No abstract provided.


Vol. 18, No. 01 (January 10, 2000) Jan 2000

Vol. 18, No. 01 (January 10, 2000)

Indiana Law Annotated

No abstract provided.


A Tribute To William Burnett Harvey, Harry Pratter, Douglass Boshkoff, Roger B. Dworkin, William D. Popkin, Julius G. Getman Jan 2000

A Tribute To William Burnett Harvey, Harry Pratter, Douglass Boshkoff, Roger B. Dworkin, William D. Popkin, Julius G. Getman

William Harvey (1966-1971)

The Board of Editors, in recognition of his lasting contributions as Dean of the Law School, hereby dedicates Volume 75 of the Indiana Law Journal to the memory of William Burnett Harvey


Hepburn's Dream: The History Of The Indiana Law Journal, Colleen Kristl Pauwels Jan 2000

Hepburn's Dream: The History Of The Indiana Law Journal, Colleen Kristl Pauwels

Charles Hepburn (1918-1925)

No abstract provided.


The Digital Millennium Copyright Act And Library Liability, Fred H. Cate Jan 2000

The Digital Millennium Copyright Act And Library Liability, Fred H. Cate

Articles by Maurer Faculty

No abstract provided.


Call And Response: The Particular And The General, John A. Scanlan Jan 2000

Call And Response: The Particular And The General, John A. Scanlan

Articles by Maurer Faculty

No abstract provided.


Labor Law And Industrial Peace: A Comparative Analysis Of The United States, The United Kingdom, Germany, And Japan Under The Bargaining Model, Kenneth G. Dau-Schmidt Jan 2000

Labor Law And Industrial Peace: A Comparative Analysis Of The United States, The United Kingdom, Germany, And Japan Under The Bargaining Model, Kenneth G. Dau-Schmidt

Articles by Maurer Faculty

In this Article, Professor Dau-Schmidt provides a comparative analysis of the labor laws of the United States, the United Kingdom, Germany, and Japan for the purposes of identifying which characteristics of a country's labor laws are likely to reduce strike incidence and intensity and promote industrial peace. To identify which characteristics of a country's law are likely to encourage industrial peace, Professor Dau-Schmidt presents game theory arguments based on his analysis of unions and collective bargaining. Dau-Schmidt then provides a simple empirical test as to the relative success of different countries' laws in advancing industrial peace by comparing ...


Personal Law And Human Rights In India And Israel, Jayanth K. Krishnan, Marc Galanter Jan 2000

Personal Law And Human Rights In India And Israel, Jayanth K. Krishnan, Marc Galanter

Articles by Maurer Faculty

No abstract provided.


Environmental Instrument Choice In A Second-Best World: A Comment On Professor Richards, Daniel H. Cole Jan 2000

Environmental Instrument Choice In A Second-Best World: A Comment On Professor Richards, Daniel H. Cole

Articles by Maurer Faculty

No abstract provided.


Using Cases As Case Studies For Teaching Administrative Law, John S. Applegate Jan 2000

Using Cases As Case Studies For Teaching Administrative Law, John S. Applegate

Articles by Maurer Faculty

No abstract provided.


Principles Of Internet Privacy, Fred H. Cate Jan 2000

Principles Of Internet Privacy, Fred H. Cate

Articles by Maurer Faculty

The definition of privacy developed by Brandeis and Warren and Prosser, and effectively codified by Alan Westin in 1967 - the claim of individuals, groups, or institutions to determine for themselves when, how, and to what extent information about them is communicated to others - worked well in a world in which most privacy concerns involved physical intrusions (usually by the government) or public disclosures (usually by the media), which, by their very nature, were comparatively rare and usually discovered.

But that definition's exclusive focus on individual control has grown incomplete in a world in which most privacy concerns involve data ...


Unfinished Business On The Taxpayer Rights Agenda: Achieving Fairness In Transferee Liability Cases, Steve R. Johnson Jan 2000

Unfinished Business On The Taxpayer Rights Agenda: Achieving Fairness In Transferee Liability Cases, Steve R. Johnson

Articles by Maurer Faculty

No abstract provided.


Protecting A Space For Creativity: The Role Of A Law School Dean In A Research University, Alfred C. Aman Jan 2000

Protecting A Space For Creativity: The Role Of A Law School Dean In A Research University, Alfred C. Aman

Articles by Maurer Faculty

No abstract provided.


Every Conflicts Decision Is A Promise Broken, Gene R. Shreve Jan 2000

Every Conflicts Decision Is A Promise Broken, Gene R. Shreve

Articles by Maurer Faculty

No abstract provided.


American-Arab -- Getting The Balance Wrong -- Again!, John A. Scanlan Jan 2000

American-Arab -- Getting The Balance Wrong -- Again!, John A. Scanlan

Articles by Maurer Faculty

No abstract provided.


Presidential Non-Enforcement Of Constitutionally Objectionable Statutes, Dawn E. Johnsen Jan 2000

Presidential Non-Enforcement Of Constitutionally Objectionable Statutes, Dawn E. Johnsen

Articles by Maurer Faculty

This article, published in Law & Contemporary Problems, was presented at a Duke Law School conference, The Constitution Under Clinton: A Critical Assessment. It examines a recurring, unsettled issue of executive power: how the President best fulfills his constitutional responsibilities when confronted with the enforcement of a statute that he believes is unconstitutional. What should the President do if he believes enforcing a statutory provision would violate the Constitution? Should, for example, a President comply with a congressional command that he believes would violate the constitutional rights of individuals or compromise presidential power? The article examines the two prevailing approaches taken ...


Indeterminate Claims: New Challenges To Self-Determination Doctrine In Yugoslavia, Timothy W. Waters Jan 2000

Indeterminate Claims: New Challenges To Self-Determination Doctrine In Yugoslavia, Timothy W. Waters

Articles by Maurer Faculty

Serbia has two autonomous provinces, with nearly identical constitutional and political claims: heavily Albanian Kosovo and ethnically diverse but Serb-majority Vojvodina. One is headed towards some form of internationally recognized independence; the other almost certainly is not, even though calls for its autonomy have been mounting. What makes the difference?

This article examines what the reasons for these different outcomes show about the changing content of self-determination in an environment of persistent ethnic claims. The defining characteristic of self-determination today is its indeterminacy, which allows policymakers to pursue a broader range of policies than was possible in the era of ...


Substance And Procedure In Capital Cases: Why Federal Habeas Courts Should Review The Merits Of Every Death Sentence, Joseph L. Hoffmann Jan 2000

Substance And Procedure In Capital Cases: Why Federal Habeas Courts Should Review The Merits Of Every Death Sentence, Joseph L. Hoffmann

Articles by Maurer Faculty

No abstract provided.


Reconciling The Juridical Links Doctrine With The Federal Rules Of Civil Procedure And Article Iii, William D. Henderson Jan 2000

Reconciling The Juridical Links Doctrine With The Federal Rules Of Civil Procedure And Article Iii, William D. Henderson

Articles by Maurer Faculty

Over the past three decades, the juridical link and concerted action exceptions have evolved from dicta in the Ninth Circuit's decision in La Mar to an amorphous and undertheorized body of case law that has dangerously merged procedural and jurisdictional issues. Drawing on the principles of class action jurisprudence set forth by the Supreme Court in Amchem and Ortiz, lower courts should consider the issues of class certification and Rule 20(a) joinder before turning to the issue of standing under Article III. Under this approach, courts would not be able to reconcile much of the juridical links case ...


Rethinking International Insolvency: The Neglected Role Of Choice-Of-Law Rules And Theory, Hannah L. Buxbaum Jan 2000

Rethinking International Insolvency: The Neglected Role Of Choice-Of-Law Rules And Theory, Hannah L. Buxbaum

Articles by Maurer Faculty

Solutions to the problem of international bankruptcy are generally framed as either universalist (arguing that international bankruptcies should be administered in a single forum) or territorialist (arguing in favor of multiple local bankruptcies). This article seeks to expand this debate by using traditional conflicts theory to examine the problem of cross-border bankruptcy. It analyzes the current regime under which cross-border bankruptcies are administered in U.S. courts, concluding that this regime operates as a multilateralist (jurisdiction-selecting) regime. Concluding that multilateralism is an appropriate method for resolving choice-of-law issues in international insolvency, the article analyzes some possible refinements to the current ...


Globalization And The U.S. Market In Legal Services: Shifting Identities, Carole Silver Jan 2000

Globalization And The U.S. Market In Legal Services: Shifting Identities, Carole Silver

Articles by Maurer Faculty

The article examines the international activities of various segments of the U.S. legal profession and analyzes the impact of these activities on the domestic market in legal services. It takes an empirical approach to the question of how international activities have shaped the profession by chronicling the foreign office activity of more than 70 of the largest U.S. firms. The data presented facilitates new insight into the ways in which U.S. lawyers participate in the international market in legal services. The article reveals that internationalization has resulted in the homogenization of the largest U.S. firms, as ...


On Courts Herding Cats: Contending With The "Written Description" Requirement (And Other Unruly Patent Disclosure Doctrines), Mark D. Janis Jan 2000

On Courts Herding Cats: Contending With The "Written Description" Requirement (And Other Unruly Patent Disclosure Doctrines), Mark D. Janis

Articles by Maurer Faculty

No abstract provided.


Inter Partes Patent Reexamination, Mark D. Janis Jan 2000

Inter Partes Patent Reexamination, Mark D. Janis

Articles by Maurer Faculty

No abstract provided.


The Importance Of Being Comparative: M. Dale Palmer Professorship Inaugural Lecture, Daniel H. Cole Jan 2000

The Importance Of Being Comparative: M. Dale Palmer Professorship Inaugural Lecture, Daniel H. Cole

Articles by Maurer Faculty

No abstract provided.


Now V. Scheidler, Round Two, Craig M. Bradley Jan 2000

Now V. Scheidler, Round Two, Craig M. Bradley

Articles by Maurer Faculty

No abstract provided.


A Kinder, Gentler System Or Capitulations? International Law, Structural Adjustment Policies, And The Standard Of Liberal, Globalized Civilization, David P. Fidler Jan 2000

A Kinder, Gentler System Or Capitulations? International Law, Structural Adjustment Policies, And The Standard Of Liberal, Globalized Civilization, David P. Fidler

Articles by Maurer Faculty

No abstract provided.


Negligent Retention And Arbitration: The Effect Of A Developing Tort On Traditional Labor Law, Terry A. Bethel Jan 2000

Negligent Retention And Arbitration: The Effect Of A Developing Tort On Traditional Labor Law, Terry A. Bethel

Articles by Maurer Faculty

No abstract provided.


Book Review. The Death Penalty: Abolition In Europe, Ralph F. Gaebler Jan 2000

Book Review. The Death Penalty: Abolition In Europe, Ralph F. Gaebler

Articles by Maurer Faculty

No abstract provided.


Equal Protection Challenges To The Use Of Racial Classifications To Promote Integrated Public Elementary And Secondary Student Enrollments, Kevin D. Brown Jan 2000

Equal Protection Challenges To The Use Of Racial Classifications To Promote Integrated Public Elementary And Secondary Student Enrollments, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.