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Series

Maurer School of Law: Indiana University

2012

Discipline
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Publication

Articles 31 - 60 of 106

Full-Text Articles in Law

April 2012 Newsletter Apr 2012

April 2012 Newsletter

Ergo

No abstract provided.


Spring 2012 Magazine Apr 2012

Spring 2012 Magazine

Ergo

No abstract provided.


Vol. 42, No. 10 (March 26, 2012) Mar 2012

Vol. 42, No. 10 (March 26, 2012)

Indiana Law Annotated

No abstract provided.


Vol. 42, No. 09 (March 19, 2012) Mar 2012

Vol. 42, No. 09 (March 19, 2012)

Indiana Law Annotated

No abstract provided.


Vol. 42, No. 08 (March 5, 2012) Mar 2012

Vol. 42, No. 08 (March 5, 2012)

Indiana Law Annotated

No abstract provided.


Vol. 42, No. 07 (February 27, 2012) Feb 2012

Vol. 42, No. 07 (February 27, 2012)

Indiana Law Annotated

No abstract provided.


Vol. 42, No. 06 (February 20, 2012) Feb 2012

Vol. 42, No. 06 (February 20, 2012)

Indiana Law Annotated

No abstract provided.


Vol. 42, No. 05 (February 13, 2012) Feb 2012

Vol. 42, No. 05 (February 13, 2012)

Indiana Law Annotated

No abstract provided.


The Need To Give Workers Protection From Forced Political Contributions To Corporations, Kenneth G. Dau-Schmidt Feb 2012

The Need To Give Workers Protection From Forced Political Contributions To Corporations, Kenneth G. Dau-Schmidt

Public Testimony by Maurer Faculty

No abstract provided.


Vol. 42, No. 04 (February 6, 2012) Feb 2012

Vol. 42, No. 04 (February 6, 2012)

Indiana Law Annotated

No abstract provided.


Robel Settles Into Interim Provostship, Kristen Clark Feb 2012

Robel Settles Into Interim Provostship, Kristen Clark

Lauren Robel (2002 Acting; 2003-2011)

No abstract provided.


February 2012 Newsletter Feb 2012

February 2012 Newsletter

Ergo

No abstract provided.


Greetings From Bloomington, Hannah Buxbaum Feb 2012

Greetings From Bloomington, Hannah Buxbaum

Hannah Buxbaum (2011-2013 Interim)

No abstract provided.


Vol. 42, No. 03 (January 30, 2012) Jan 2012

Vol. 42, No. 03 (January 30, 2012)

Indiana Law Annotated

No abstract provided.


Vol. 42, No. 02 (January 23, 2012) Jan 2012

Vol. 42, No. 02 (January 23, 2012)

Indiana Law Annotated

No abstract provided.


Vol. 42, No. 01 (January 17, 2012) Jan 2012

Vol. 42, No. 01 (January 17, 2012)

Indiana Law Annotated

No abstract provided.


Greetings From The Office Of The Dean, Hannah L. Buxbaum Jan 2012

Greetings From The Office Of The Dean, Hannah L. Buxbaum

Hannah Buxbaum (2011-2013 Interim)

No abstract provided.


Winter 2012 Magazine Jan 2012

Winter 2012 Magazine

Ergo

No abstract provided.


Issues Facing Academic Law Libraries - New Challenges, New Opportunities, Linda K. Fariss Jan 2012

Issues Facing Academic Law Libraries - New Challenges, New Opportunities, Linda K. Fariss

Articles by Maurer Faculty

Law libraries are facing new challenges, including evolving methods of legal research, and space and budget constraints. This article explores those challenges, and looks at the opportunities that accompany changes.


Undermining Congressional Overrides: The Hydra Problem In Statutory Interpretation, Deborah Widiss Jan 2012

Undermining Congressional Overrides: The Hydra Problem In Statutory Interpretation, Deborah Widiss

Articles by Maurer Faculty

Statutory overrides — that is, amendments to supersede a judicial interpretation of a statute — are the primary mechanism by which Congress signals disagreement with court interpretations; they are essential to protect the separation of powers and the promise of legislative supremacy. But in Gross v. FBL Financial Services, the Supreme Court held that Congress’s override of a judicial interpretation of Title VII did not control the interpretation of identical language in the Age Discrimination in Employment Act, and further that Congress’s “neglecting” to amend the ADEA when it amended Title VII was a clear signal that Congress intended the …


Law, Politics, And Cost-Benefit Analysis, Daniel H. Cole Jan 2012

Law, Politics, And Cost-Benefit Analysis, Daniel H. Cole

Articles by Maurer Faculty

This Article explores the significant role cost–benefit analysis (CBA) plays in facilitating or impeding legislative and regulatory policy decisions. The Article centers around three case studies of CBAs the EPA prepared under three different presidents: (1) Clinton Administration changes to Clean Air Act air quality standards for ozone and particulate matter; (2) President Obama’s recent decision to suspend the EPA’s reconsideration of the Bush Administration’s air quality standard for ozone; and (3) the George W. Bush Administration’s “Clear Skies” legislative initiative. The first two case studies demonstrate, between them, how well-constructed CBAs can facilitate social-welfare-enhancing and impede welfare-reducing rules, even …


Friends, Gangbangers, Custody Disputants, Lend Me Your Passwords, Aviva Orenstein Jan 2012

Friends, Gangbangers, Custody Disputants, Lend Me Your Passwords, Aviva Orenstein

Articles by Maurer Faculty

Whenever parties seek to introduce out-of-court statements, evidentiary issues of hearsay and authentication will arise. As methods of communication expand, the Rules of Evidence must necessarily keep pace. The rules remain essentially the same, but their application vary with new modes of communication. Evidence law has been very adaptable in some ways, and notoriously conservative, even stodgy, in others. Although statements on Facebook and other social media raise some interesting questions concerning the hearsay rule and its exceptions, there has been little concern about applying the hearsay doctrine to such forms of communication. By contrast, such new media have triggered …


La Mutation Des Sources Du Droit Constitutionnel, Elisabeth Zoller Jan 2012

La Mutation Des Sources Du Droit Constitutionnel, Elisabeth Zoller

Articles by Maurer Faculty

No abstract provided.


Evading Legislative Jurisdiction, Austen L. Parrish Jan 2012

Evading Legislative Jurisdiction, Austen L. Parrish

Articles by Maurer Faculty

In the last few years, and mostly unnoticed, courts have adopted a radically different approach to issues of legislative jurisdiction. Instead of grappling with the difficult question of whether Congress intended a law to reach beyond U.S. borders, courts have side-stepped it entirely. Courts have done so by redefining the definition of extraterritoriality. Significant and contentious decisions in the Ninth and D.C. Circuits paved the way by holding that not all regulation of overseas foreign conduct is extraterritorial. And then suddenly, last term, the U.S. Supreme Court breathed life into the practice. In its landmark Morrison v. National Australia Bank …


Book Review. Pollack, S. D., War, Revenue, And State Building: Financing The Development Of The American State, Ajay K. Mehrotra Jan 2012

Book Review. Pollack, S. D., War, Revenue, And State Building: Financing The Development Of The American State, Ajay K. Mehrotra

Articles by Maurer Faculty

No abstract provided.


The Obama Administration’S Decision To Defend Constitutional Equality Rather Than The Defense Of Marriage Act, Dawn E. Johnsen Jan 2012

The Obama Administration’S Decision To Defend Constitutional Equality Rather Than The Defense Of Marriage Act, Dawn E. Johnsen

Articles by Maurer Faculty

When President Barack Obama announced his view that the Defense of Marriage Act1 (DOMA) violated the Fifth Amendment’s guarantee of equal protection,2 he joined a storied line of Presidents who have acted upon their own constitutional determinations in the absence of, and on rare occasion contrary to, those of the U.S. Supreme Court. How best to proceed in the face of a federal statute the President considers unconstitutional can involve complex judgments, as was true of the difficult decision to enforce but not defend DOMA. Ordinarily the Department of Justice should adhere to its tradition of defending statutes against constitutional …


Do Vcs Use Inside Rounds To Dilute Founders? Some Evidence From Silicon Valley, Brian Broughman, Jesse Fried Jan 2012

Do Vcs Use Inside Rounds To Dilute Founders? Some Evidence From Silicon Valley, Brian Broughman, Jesse Fried

Articles by Maurer Faculty

In the bank-borrower setting, a firm's existing lender may exploit its positional advantage to extract rents from the firm in subsequent financings. Analogously, a startup's existing venture capital investors (VCs) may dilute the founder through a follow-on financing from these same VCs (an “inside” round) at an artificially low valuation. Using a hand-collected dataset of Silicon Valley startup firms, we find little evidence that VCs use inside rounds to dilute founders. Instead, our findings suggest that inside rounds are generally used as “backstop financing” for startups that cannot attract new money, and these rounds are conducted at relatively high valuations …


Degree Pedigree: Assessing The Effect Of Degree-Granting Institutions’ Ranks On Prospective Employment At Academic Law Libraries, Ashley A. Ahlbrand, Michael Johnson Jan 2012

Degree Pedigree: Assessing The Effect Of Degree-Granting Institutions’ Ranks On Prospective Employment At Academic Law Libraries, Ashley A. Ahlbrand, Michael Johnson

Articles by Maurer Faculty

In the academic law library hiring process, candidates are assessed based on a variety of factors. The study conducted here focuses on education—specifically the institutional rank of degree-granting law and library science institutions—to explore how the rank of one’s graduate education might influence hiring decisions at academic law libraries.


Book Review. Legal Education In Asia: Globalization, Change And Contexts, Carole Silver Jan 2012

Book Review. Legal Education In Asia: Globalization, Change And Contexts, Carole Silver

Articles by Maurer Faculty

No abstract provided.


Reconfiguring Sex, Gender, And The Law Of Marriage, Deborah Widiss Jan 2012

Reconfiguring Sex, Gender, And The Law Of Marriage, Deborah Widiss

Articles by Maurer Faculty

This article brings together legal, historical, and social science research to analyze how couples allocate income-producing and domestic responsibilities. It develops a framework—what I call the marriage equation—that shows how sex-based classifications, (non-sex-specific) substantive marriage law, and gender norms interrelate to shape these choices. Constitutional decisions in the 1970s ended legal distinctions between the duties of husbands and wives but left largely in place both gender norms and substantive rights within marriage, tax, and benefits law that encourage specialization into breadwinning and caregiving roles. By permitting disaggregation of the marriage equation, the new reality of same-sex marriage can serve as …