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Articles 1 - 30 of 57
Full-Text Articles in Law
The Priest-Penitent Privilege: An Hibernocentric Essay In Postcolonial Jurisprudence, Walter J. Walsh
The Priest-Penitent Privilege: An Hibernocentric Essay In Postcolonial Jurisprudence, Walter J. Walsh
Indiana Law Journal
No abstract provided.
Reconsidering Severe Or Pervasive: Aligning The Standard In Sexual Harassment And Racial Harassment Causes Of Action, Heather L. Kleinschmidt
Reconsidering Severe Or Pervasive: Aligning The Standard In Sexual Harassment And Racial Harassment Causes Of Action, Heather L. Kleinschmidt
Indiana Law Journal
No abstract provided.
Forced To Punt: How The Bowl Championship Series And The Intercollegiate Arms Race Negatively Impact The Policy Objectives Of Title Lx, Kevin J. Rapp
Forced To Punt: How The Bowl Championship Series And The Intercollegiate Arms Race Negatively Impact The Policy Objectives Of Title Lx, Kevin J. Rapp
Indiana Law Journal
No abstract provided.
Federalism, The Commerce Clause, And The Constitutionality Of The Unborn Victims Of Violence Act Of 2004, Ryan R. Wilmering
Federalism, The Commerce Clause, And The Constitutionality Of The Unborn Victims Of Violence Act Of 2004, Ryan R. Wilmering
Indiana Law Journal
No abstract provided.
Stopping The "Savage Indian" Myth: Dealing With The Doctrine Of Laches In Lanham Act Claims Of Disparagement, Steven R. Latterell
Stopping The "Savage Indian" Myth: Dealing With The Doctrine Of Laches In Lanham Act Claims Of Disparagement, Steven R. Latterell
Indiana Law Journal
No abstract provided.
The Community Income Theory Of The Charitable Contributions Deduction, Johnny Rex Buckles
The Community Income Theory Of The Charitable Contributions Deduction, Johnny Rex Buckles
Indiana Law Journal
The charitable contributions deduction, a longstanding yet controversial feature of the Internal Revenue Code, has been justified under subsidy theories and tax-base theories. Focusing on the latter, this Article presents and explains a new tax-base theory in support of the charitable contributions deduction-the community income theory. This theory posits that some income, designated as "community income, " is properly excluded from the personal income tax base because it is more naturally attributed to the community than to the individual members of the community. Adopting the presumption that the community generally should be treated as a tax exempt entity, this Article …
The Kindynamic Theory Of Tort, Christopher P. Guzelian
The Kindynamic Theory Of Tort, Christopher P. Guzelian
Indiana Law Journal
Commentators complain of two major deficiencies in modern tort law: (1) that liability concepts such as "negligence" or "duty " are so vacuously defined as to permit inadvertent subjectivity and error to hinder proper case adjudication, and (2) that tort is too slow in recognizing newly discovered risks and properly compensating nascent classes of injury. We accordingly report on the Kindynamic Theory, an emerging philosophy that overcomes these twin deficiencies and sharpens understanding of poorly articulated tort intuitions
Kindynamics contends that causation is the cornerstone of tort, and that all risks are, at core, causal propositions. Contrary to its many …
When Mohammed Goes To The Mountain: The Evidentiary Value Of A View, Layne S. Keele
When Mohammed Goes To The Mountain: The Evidentiary Value Of A View, Layne S. Keele
Indiana Law Journal
No abstract provided.
Pleadings In The Age Of Settlement, Michael Moffitt
Pleadings In The Age Of Settlement, Michael Moffitt
Indiana Law Journal
No abstract provided.
In Search Of A Theory Of Public Memory: The State, The Individual, And Marcel Proust, Brian F. Havel
In Search Of A Theory Of Public Memory: The State, The Individual, And Marcel Proust, Brian F. Havel
Indiana Law Journal
This Article posits the existence and pervasiveness of an official public (or State) memory that is primarily constructed using public law devices and statements of official policy. While official public memory serves the purposes of social control and stability, it also seeks to mask contestation and is, accordingly, neither complete nor authentic. Using philosophical, scientific, and literary sources, this Article demonstrates how the affective (emotional) memory that is unique to individuals creates a permanent potential for contestation and authenticity and therefore sets a natural conceptual limit to the power of officially managed memory to contrive the past. To help establish …
Not "Voluntary" But Still Reasonable: A New Paradigm For Understanding The Consent Searches Doctrine, Ric Simmons
Not "Voluntary" But Still Reasonable: A New Paradigm For Understanding The Consent Searches Doctrine, Ric Simmons
Indiana Law Journal
No abstract provided.
Determining When Two Offenses Are The Same Under Indiana's Criminal Rule 4, Howard W. Anderson Iii
Determining When Two Offenses Are The Same Under Indiana's Criminal Rule 4, Howard W. Anderson Iii
Indiana Law Journal
No abstract provided.
Examining The Underlying Purposes Of Municipal And Statewide Smoking Bans, Mark J. Horvick
Examining The Underlying Purposes Of Municipal And Statewide Smoking Bans, Mark J. Horvick
Indiana Law Journal
No abstract provided.
The Midwifery Stalemate And Childbirth Choice: Recognizing Mothers-To-Be As The Best Late Pregnancy Decisionmakers, Amy F. Cohen
The Midwifery Stalemate And Childbirth Choice: Recognizing Mothers-To-Be As The Best Late Pregnancy Decisionmakers, Amy F. Cohen
Indiana Law Journal
No abstract provided.
Being Reasonable Under The Fair Housing Amendments Act: Allowing Changes In Rent-Admission Policies To Accommodate The Disabled Renter's Economic Status, Abram B. Gregory
Being Reasonable Under The Fair Housing Amendments Act: Allowing Changes In Rent-Admission Policies To Accommodate The Disabled Renter's Economic Status, Abram B. Gregory
Indiana Law Journal
No abstract provided.
The Invisible Pillar Of Gideon, Adam M. Gershowitz
The Invisible Pillar Of Gideon, Adam M. Gershowitz
Indiana Law Journal
In 1996, the State of South Carolina charged Larry McVay with common-law robbery. McVay, who was employed part-time and took home less than $160 per week after taxes, claimed that after paying his basic living expenses he had no money left with which to hire an attorney. A South Carolina court disagreed and denied McVay's requestfor appointed counsel. ' Seven years later, Scott Peterson was arrested for the murder of his wife and unborn child in California. Although Peterson owned a home, drove an expensive SUV, and was carrying $10,000 in cash when he was captured, he claimed to be …
In Defense Of Maroni: Why Parents Should Be Allowed To Proceed Pro Se In Idea Cases, M. Brendhan Flynn
In Defense Of Maroni: Why Parents Should Be Allowed To Proceed Pro Se In Idea Cases, M. Brendhan Flynn
Indiana Law Journal
No abstract provided.
Lucky: The Sequel, Martha Chamallas
Law And The Emotions: The Problems Of Affective Forecasting, Jeremy A. Blumenthal
Law And The Emotions: The Problems Of Affective Forecasting, Jeremy A. Blumenthal
Indiana Law Journal
Legal scholarship on "behavioralism" and the implications of cognitive biases for the law is flourishing. In parallel with the rise of such commentary, legal scholars have begun to discuss the role of the emotions in legal discourse. This discussion often addresses the "appropriateness" of various emotions for the substantive law, or attempts to model the place of the emotions in the law. Implicit in some of these theories, however, and explicit in others, is the assumption that emotions are "predictable," "manageable, "and (for some commentators) under conscious control. This assumption is belied by psychological research on affective forecasting that demonstrates …
Contesting Gender In Popular Culture And Family Law: Middlesex And Other Transgender Tales, Susan Frelich Appleton
Contesting Gender In Popular Culture And Family Law: Middlesex And Other Transgender Tales, Susan Frelich Appleton
Indiana Law Journal
No abstract provided.
Contract Theory In Nineteenth-Century Indiana Courts: An Argument For Non-Bargain Based Promissory Liability, Paul Dubbeling
Contract Theory In Nineteenth-Century Indiana Courts: An Argument For Non-Bargain Based Promissory Liability, Paul Dubbeling
Indiana Law Journal
No abstract provided.
The Price We Are Willing To Pay For Punitive Justice In The Juvenile Detention System: Mentally Ill Delinquents And Their Disproportionate Share Of The Burden, Jessica Ann Garascia
The Price We Are Willing To Pay For Punitive Justice In The Juvenile Detention System: Mentally Ill Delinquents And Their Disproportionate Share Of The Burden, Jessica Ann Garascia
Indiana Law Journal
No abstract provided.
Empowering Subprime Borrowers: Mandatory Unsecured Credit Payoffs As Finance Charges, Steven R. Sharpe
Empowering Subprime Borrowers: Mandatory Unsecured Credit Payoffs As Finance Charges, Steven R. Sharpe
Indiana Law Journal
No abstract provided.
Reconsidering The Nondelegation Doctrine: Universal Service, The Power To Tax, And The Ratification Doctrine, Ronald J. Krotoszynski Jr.
Reconsidering The Nondelegation Doctrine: Universal Service, The Power To Tax, And The Ratification Doctrine, Ronald J. Krotoszynski Jr.
Indiana Law Journal
No abstract provided.
Treaties As Laws: A Defense Of The Last-In-Time Rule For Treaties And Federal Statutes, Julian G. Ku
Treaties As Laws: A Defense Of The Last-In-Time Rule For Treaties And Federal Statutes, Julian G. Ku
Indiana Law Journal
For nearly 150 years, courts have applied the "last-in-time" rule to resolve conflicts between treaties and federal statutes by giving effect to whichever was enacted later in time. Despite its acceptance by the courts, this rule has received unanimous criticism in the legal academy. In this article, I present the first comprehensive defense of the last-in-time rule on textual, structural, historical, and functional grounds. I argue that the last-in-time rule should be applied because the text of the Constitution grants treaties the status of enacted domestic law. As such, treaties are subject to the principle of statutory construction, leges posteriors …
Tort Liability After The Dust Settles: An Economic Analysis Of The Airline Defendants' Duty To Ground Victims In The September 11 Litigation, David Y. Stevens
Tort Liability After The Dust Settles: An Economic Analysis Of The Airline Defendants' Duty To Ground Victims In The September 11 Litigation, David Y. Stevens
Indiana Law Journal
No abstract provided.
The Process Of The Governor's Council, Michael J. Sullivan
The Process Of The Governor's Council, Michael J. Sullivan
Indiana Law Journal
Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.
Open Discussion: Capital Crime
Open Discussion: Capital Crime
Indiana Law Journal
Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.
The Psychology Of Capital Punishment, Shelia M. Murphy
The Psychology Of Capital Punishment, Shelia M. Murphy
Indiana Law Journal
Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.
Open Discussion: Role Of Scientific Evidence
Open Discussion: Role Of Scientific Evidence
Indiana Law Journal
Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.