Law Commons^™

2014 Year In Review: 2 Law Schools Welcome New Deans While A Third Experiences Abrupt Departure

Austen Parrish (2014-2022)

No abstract provided.

Historical Sketch Of The Indiana University, David Demaree Banta

David Banta (1889-1896)

Historical sketch of Indiana University from its founding until 1889. It is unknown when this piece was written or if it was published.

Reconstructing The Taiwanese Rule On Pure Economic Loss: Establishing A General Standard For Recovery For Pure Economic Loss In Unintentional Torts, Wen-Hsuan Yang

Maurer Theses and Dissertations

An important issue in Taiwan today is whether pure economic loss can be recovered as a right under the former part of first paragraph of Article 184 in Civil Code of Taiwan, thereby making it recoverable in unintentional torts. Contrary to most scholars in Taiwan, this Thesis argues that 1) pure economic loss should be a recognizable harm under the former part of first paragraph of Article 184; and 2) economic loss should be considered on a category-by-category basis, rather than the traditional all-or-none basis presently used in Taiwan.

Traditionally, two arguments are made against recovery for pure economic loss …

A Comparative Analysis Of Shareholder Derivative Litigations In Taiwan: Rethinking Of Law, Implementation, And Suggestion, Ting-Hsien Cheng

Maurer Theses and Dissertations

Since the 1990s, Taiwan’s capital market has been tarnished by several corporate scandals, many involving managerial embezzlements and false/misleading financial reports. One of the main reasons why these scandals frequently occurred is the lack of an effective system of checks-and-balances or good corporate governance mechanisms within Taiwan’s companies. To deal with this deficiency for corporate governance, there have been many discussions in Taiwan’s academia of corporate laws about how to reform the provisions of Taiwan Company Act, especially for a better internal monitoring mechanism.

In fact, in last two decades, Taiwan has taken a series of legal reforms as an …

December 2014 Magazine

Ergo

No abstract provided.

Vol. 47, No. 13 (December 1, 2014)

Indiana Law Annotated

No abstract provided.

Making Law School A Place For People Who Know What They Want To Do

Austen Parrish (2014-2022)

No abstract provided.

Vol. 47, No. 12 (November 24, 2014)

Indiana Law Annotated

No abstract provided.

Vol. 47, No. 11 (November 17, 2014)

Indiana Law Annotated

No abstract provided.

Vol. 47, No. 10 (November 10, 2014)

Indiana Law Annotated

No abstract provided.

Dean's Desk: Partnerships Prep Students For Indiana Legal Careers, Austen L. Parrish

Austen Parrish (2014-2022)

As one of the top public law schools in the nation, we attract students from all over the United States – and the world – who understand the advantages of an IU education. As the state’s flagship law school, however, we also have an enduring commitment to educating Indiana’s best and brightest and encouraging them to stay in the state and contribute to its growth. Taken together, these three programs will go a long way toward advancing a strong commitment that goes back to our founding in 1842 as one of the oldest law schools in the nation and the …

Vol. 47, No. 09 (November 3, 2014)

Indiana Law Annotated

No abstract provided.

Establishing A Suitable Lay Participation System For The Taiwanese Criminal Justice System, Yi-Lin Lou

Maurer Theses and Dissertations

This research focuses on a recent judicial reform measure proposed by the Taiwanese Judicial Yuan in 2011. The measure’s objective was to improve the criminal justice system via the implementation of a so-called “lay observer system.” The dissertation begins with an analysis regarding whether the Taiwanese criminal justice system needs to reform, and it considers whether the introduction of the proposed lay observer system would be a reasonable means of achieving the Judicial Yuan’s goals and meeting its expectations, which include rebuilding the Taiwanese society’s trust in the professional judges’ credibility and the court’s fairness. The second part of this …

Conceptualizing Copyright Enforcement And Management In The Digital Age Through Two Models: The Right-Holder-Centric Model And Cooperative Model, Yang Sun

Maurer Theses and Dissertations

This dissertation focuses on the issues of copyright enforcement and management. Especially, the research looks into how the digital technology reshapes the general perceptions and landscape of the copyright system in terms of online enforcement and management. Stepping into the digital age, the interaction between copyright holders and other parties, including online users and the ISPs, establishes two coexisting models—the right-holder-centric model and the cooperative model. Therefore, the dissertation analyzes which model is more appropriate and efficient with respect to online copyright enforcement and management.

As a matter of fact, the coexistences of two models provides copyright holders and other …

Planning For Adaptation To Climate Change: Lessons From The Us National Wildlife Refuge System, Robert L. Fischman, Vicky J. Meretsky, Alexei Babko, Michael Kennedy, Lei Liu, Michelle Robinson

Articles by Maurer Faculty

US national wildlife refuges have recent, detailed management plans illustrating the state of planning for climate-change adaptation in protected areas. Discussion of and prescriptions for addressing climate change increased in refuge plans between 2005 and 2010 but decreased in 2011. The plans respond to some climate-change impacts on biodiversity and call for monitoring but with little clarity regarding how to act on monitoring results and scant attention to future changes in phenology and community composition. The threats posed by sea-level rise generated the best-developed plan prescriptions. Examples of excellent prescriptions provide models for future planning. Some decision-support tools, such as …

The 2014 Leadership Academy: Six Months Out - How Are Participants Using What They Learned?, Susan David Demaine

Articles by Maurer Faculty

“If your actions inspire others to dream more, learn more, do more and become more, you are a leader.” – John Quincy Adams

These wise words were one of many lessons that the attendees of the 2014 AALL Leadership Academy took home with them following two full days of hands-on learning this past April. Now, a little more than six months later, Spectrum catches up with a few of the Academy attendees to find out how they are using what they learned and the ways that the Academy has affected their professional (and personal) lives.

Vol. 47, No. 08 (October 27, 2014)

Indiana Law Annotated

No abstract provided.

2014 Distinguished Service Award Ceremony Program

Distinguished Service Awards

No abstract provided.

Vol. 47, No. 07 (October 20, 2014)

Indiana Law Annotated

No abstract provided.

Vol. 47, No. 06 (October 13, 2014)

Indiana Law Annotated

No abstract provided.

Enhancing The Effectiveness Of The Public Procurement System Of Iraq Through Reforming The Bid Protest Processes, Ali Ahmed Rahman

Maurer Theses and Dissertations

This dissertation addresses the legal framework of the bid protest system in Iraq, which is designed to check illegalities and irregularities in awarding public contracts by contracting agencies. Several regional and international agreements emphasize the significance of bid protest processes for member states. However, the mere existence of bid protest forums is not sufficient to ensure their effectiveness. The vast majority of developing countries have bid protest mechanisms, but this does not mean that they are functioning as necessary. This work begins by assessing the theoretical controversies surrounding the issue of what works best, more discretion or more oversight, in …

Retroactivity At The Federal Circuit, David L. Schwartz

Indiana Law Journal

A substantial subset of patent opinions from the Federal Circuit Court of Appeals functions in a wholly different manner from ordinary judicial opinions: they have strong retroactive effects with weak prospective effects. All Federal Circuit opinions have strong retroactive effects because issued patents and pending applications rarely can be modified. The Federal Circuit decisions apply in full to these patents and applications, even though they were prepared without the benefit of the rulings. In contrast, many of these opinions have almost no prospective effects. Patent law provides tremendous linguistic flexibility to patent drafters, which can be used to avoid the …

Charitable Giving And Utilitarianism: Problems And Priorities, Miranda Perry Fleischer

Indiana Law Journal

Charitable giving is redistributive at heart. It is thus surprising that scholarship on the charitable tax subsidies focuses on the efficient and pluralistic production of public goods while largely ignoring distributive justice concerns. Existing scholarship and current law leave crucial questions unanswered: How should we prioritize among charities? Should subsidized groups be required to help the poor? Are criticisms that charities do too little to help the poor valid? This Article is part of a series that examines how each common theory of distributive justice would answer these questions.

More specifically, this Article explores utilitarianism and the charitable tax subsidies …

Our Non-Originalist Right To Bear Arms, Robert Leider

Indiana Law Journal

District of Columbia v. Heller was a landmark, if controversial, opinion. Discussion has centered on the merits of its self-described originalist approach. Supporters praise its efforts to return to a more originalist and textualist approach to constitutional questions, whereas critics challenge the accuracy of Heller’s historical claims and criticize its departure from precedent.

This Article challenges much of the conventional wisdom about Heller, its use of originalism, and its relationship to nineteenth- and twentieth-century case law. This Article argues that, despite much of its rhetoric, Heller actually exemplified popular constitutionalism—not originalism—in the way it approached the most important practical question …

October 2014 Newsletter

Ergo

No abstract provided.

The Medical Device Excise Tax: An Unfair Burden, Elizabeth M. Bolka

Indiana Law Journal

No abstract provided.

Free Exercise After The Arab Spring: Protecting Egypt’S Religious Minorities Under The Country’S New Constitution, James Michael Nossett

Indiana Law Journal

No abstract provided.

Admit That The Waters Around You Have Grown: Change And Legal Education, Mari J. Matsuda

Indiana Law Journal

Presented as the Addison C. Harris Lecture at Indiana University Maurer School of Law, Bloomington, Indiana, September 25, 2013.

The Unconvincing Case Against Private Prisons, Malcolm M. Feeley

Indiana Law Journal

In 2009, the Israeli High Court of Justice held that private prisons are unconstitutional. This was more than a domestic constitutional issue. The court anchored its decision in a carefully reasoned opinion arguing that the state has a monopoly on the administration of punishment, and thus private prisons violate basic principles of modern democratic governance. This position was immediately elaborated upon by a number of leading legal philosophers, and the expanded argument has reverberated among legal philosophers, global constitutionalists, and public officials around the world. Private prisons are a global phenomenon, and this argument now stands as the definitive principled …

The Limits Of Child Pornography, Carissa Byrne Hessick

Indiana Law Journal

Although the First Amendment ordinarily protects the creation, distribution, and possession of visual images, the Supreme Court has declared that those protections do not apply to child pornography. But the Court has failed to clearly define child pornography as a category of speech. Providing a precise definition of the child pornography exception to the First Amendment has become increasingly important because recent years have seen a dramatic increase in the penalties associated with the creation, distribution, and possession of child pornography.

This Article proposes a clear definition of the child pornography exception. It argues that an image ought to fall …