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Full-Text Articles in Law

Transnational Class Actions In The Shadow Of Preclusion, Zachary D. Clopton Oct 2015

Transnational Class Actions In The Shadow Of Preclusion, Zachary D. Clopton

Indiana Law Journal

The American class action is a procedural tool that advances substantive law values such as deterrence, compensation, and fairness. Opt-out class actions in particular achieve these goals by aggregating claims not only of active participants but also passive plaintiffs. Full faith and credit then extends the preclusive effect of class judgments to other U.S. courts. But there is no international full faith and credit obligation, and many foreign courts will not treat U.S. class judgments as binding on passive plaintiffs. Therefore, some plaintiffs may be able to wait until the U.S. class action is resolved before either ...


Scrutinizing Federal Electoral Qualifications, Derek T. Muller Apr 2015

Scrutinizing Federal Electoral Qualifications, Derek T. Muller

Indiana Law Journal

Candidates for federal office must meet several constitutional qualifications. Sometimes, whether a candidate meets those qualifications is a matter of dispute. Courts and litigants often assume that a state has the power to include or exclude candidates from the ballot on the basis of the state’s own scrutiny of candidates’ qualifications. Courts and litigants also often assume that the matter is not left to the states but to Congress or another political actor. But those contradictory assumptions have never been examined, until now.

This Article compiles the mandates of the Constitution, the precedents of Congress, the practices of states ...


Beyond The Verdict: Why The Courts Must Protect Jurors From The Public Before, During, And After High-Profile Cases, Scott Ritter Apr 2014

Beyond The Verdict: Why The Courts Must Protect Jurors From The Public Before, During, And After High-Profile Cases, Scott Ritter

Indiana Law Journal

In a time when more and more criminal trials are saturated in news coverage, media outlets race to get as much information as possible to the public. That access to the criminal justice system is a right protected by the First Amendment. But where does the access stop? This Note explores those limits, and the intersection between the First and Fourth Amendments.


The Feasibility Of Litigation Markets, Jonathan T. Molot Jan 2014

The Feasibility Of Litigation Markets, Jonathan T. Molot

Indiana Law Journal

No abstract provided.


Civil Recourse Defended: A Reply To Posner, Calabresi, Rustard, Chamallas, And Robinette, John C. Goldberg, Benjamin Zipursky Apr 2013

Civil Recourse Defended: A Reply To Posner, Calabresi, Rustard, Chamallas, And Robinette, John C. Goldberg, Benjamin Zipursky

Indiana Law Journal

American Association of Law Schools Torts & Compensation Systems Panel


Procedural Fairness In Election Contests, Joshua A. Douglas Jan 2013

Procedural Fairness In Election Contests, Joshua A. Douglas

Indiana Law Journal

No abstract provided.


Delaware’S Balancing Act, John Armour, Bernard S. Black, Brian R. Cheffins Oct 2012

Delaware’S Balancing Act, John Armour, Bernard S. Black, Brian R. Cheffins

Indiana Law Journal

Delaware’s courts and well-developed case law are widely seen as integral elements of Delaware’s success in attracting incorporations. However, as we show using empirical evidence involving reported judicial decisions and filed cases concerning large mergers and acquisitions, leveraged buyouts, and options backdating, Delaware’s popularity as a venue for corporate litigation is under threat. Today, a majority of shareholder suits involving Delaware companies are being brought and decided elsewhere. We examine in this Article the implications of this “out-of-Delaware” trend, emphasizing a difficult balancing act that Delaware faces. If Delaware accommodates litigation too readily, companies, fearful of lawsuits ...


Using The Resource-Based Theory To Determine Covenant Not To Compete Legitimacy, Norman D. Bishara, David Orozco Professor Jul 2012

Using The Resource-Based Theory To Determine Covenant Not To Compete Legitimacy, Norman D. Bishara, David Orozco Professor

Indiana Law Journal

This Article addresses the legitimacy of competing interests involved in the enforcement of covenants not to compete (“noncompetes”). To date, the courts and legislatures have not relied on a principled theoretical framework to identify and assess the competing interests between firms and individuals in this setting. This Article fills the research void by providing a theoretical framework that identifies the legitimacy of these competing claims. The framework integrates managerial research involving the resource-based theory of the firm and the knowledge-based perspective of competitive advantage with the legal analysis and enforcement of noncompete terms. A descriptive framework of the parties’ competing ...


Police Efficiency And The Fourth Amendment, L. Song Richardson Jul 2012

Police Efficiency And The Fourth Amendment, L. Song Richardson

Indiana Law Journal

Much of our Fourth Amendment jurisprudence is premised upon a profound misunderstanding of the nature of suspicion. When determining whether law enforcement officers had the reasonable suspicion necessary to justify a “stop and frisk,” courts currently assume that, in any given case, the presence or absence of reasonable suspicion can objectively be determined simply by examining the factual circumstances that the officers confronted. This Article rejects that proposition. Powerful new research in the behavioral sciences indicates that implicit, nonconscious biases affect the perceptions and judgments that are integral to our understanding of core Fourth Amendment principles. Studies reveal, for example ...


The War Powers Outside The Courts, William Michael Treanor Oct 2006

The War Powers Outside The Courts, William Michael Treanor

Indiana Law Journal

Symposium: War, Terrorism and Torture: Limits on Presidential Power in the 21st Century. Convened by the American Constitution Society for Law and Policy and the Indiana University School of Law- Bloomington, prominent legal scholars, human rights advocates and government lawyers gathered in Bloomington on October 7, 2005.


The Invisible Pillar Of Gideon, Adam M. Gershowitz Jul 2005

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 ...


Contract Theory In Nineteenth-Century Indiana Courts: An Argument For Non-Bargain Based Promissory Liability, Paul Dubbeling Apr 2005

Contract Theory In Nineteenth-Century Indiana Courts: An Argument For Non-Bargain Based Promissory Liability, Paul Dubbeling

Indiana Law Journal

No abstract provided.


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 Apr 2005

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.


Slow And Steady Does Not Always Win The Race: The Nuremberg Files Web Site And What It Should Teach Us About Incitement And The Internet, Nadine E. Mcspadden Apr 2001

Slow And Steady Does Not Always Win The Race: The Nuremberg Files Web Site And What It Should Teach Us About Incitement And The Internet, Nadine E. Mcspadden

Indiana Law Journal

No abstract provided.


Professional Athletes-Held To A Higher Standard And Above The Law: A Comment On High-Profile Criminal Defendants And The Need For States To Establish High-Profile Courts, Laurie Nicole Robinson Oct 1998

Professional Athletes-Held To A Higher Standard And Above The Law: A Comment On High-Profile Criminal Defendants And The Need For States To Establish High-Profile Courts, Laurie Nicole Robinson

Indiana Law Journal

No abstract provided.


Forward: Paul Bator: Legislative And Administrative Courts Under Article Iii Symposium, Patrick L. Baude Apr 1990

Forward: Paul Bator: Legislative And Administrative Courts Under Article Iii Symposium, Patrick L. Baude

Indiana Law Journal

Symposium: Paul Bator: Legislative and Administrative Courts Under Article III


Questioning Litigation's Role-Courts And Class Actions In Canada, W. A. Bogart Jul 1987

Questioning Litigation's Role-Courts And Class Actions In Canada, W. A. Bogart

Indiana Law Journal

No abstract provided.


Civil Rights, The Constitution And The Courts, By Archibald Cox, Mark Dewolfe Howe, And J.R. Wiggins, Winton D. Woods Jul 1968

Civil Rights, The Constitution And The Courts, By Archibald Cox, Mark Dewolfe Howe, And J.R. Wiggins, Winton D. Woods

Indiana Law Journal

No abstract provided.


Diminishing Applicability Of The Antitrust Laws In Regulated Industry: Congress, The Courts And The Agencies Jan 1953

Diminishing Applicability Of The Antitrust Laws In Regulated Industry: Congress, The Courts And The Agencies

Indiana Law Journal

No abstract provided.


Retroactive Effect Of Judicial Decisions Oct 1948

Retroactive Effect Of Judicial Decisions

Indiana Law Journal

Recent Cases: Courts


Coram Nobis, Prohibition, And Appeal Jul 1945

Coram Nobis, Prohibition, And Appeal

Indiana Law Journal

Notes and Comments: Courts


The Jurisdiction Of Courts (Part 3), Bernard C. Gavit Aug 1936

The Jurisdiction Of Courts (Part 3), Bernard C. Gavit

Indiana Law Journal

No abstract provided.


The Jurisdiction Of Courts (Part 2), Bernard C. Gavit Jun 1936

The Jurisdiction Of Courts (Part 2), Bernard C. Gavit

Indiana Law Journal

No abstract provided.


Congress And The Courts, Silas H. Strawn Jun 1936

Congress And The Courts, Silas H. Strawn

Indiana Law Journal

No abstract provided.


The Jurisdiction Of Courts (Part 1), Bernard C. Gavit Apr 1936

The Jurisdiction Of Courts (Part 1), Bernard C. Gavit

Indiana Law Journal

No abstract provided.


Courts-Number Of Jurors Required Jan 1935

Courts-Number Of Jurors Required

Indiana Law Journal

No abstract provided.


Courts-Appellate Jurisdiction Of Circuit Courts Of Appeals-Final Decree Or Judgment Feb 1931

Courts-Appellate Jurisdiction Of Circuit Courts Of Appeals-Final Decree Or Judgment

Indiana Law Journal

No abstract provided.


Courts-Extra Territorial Importance Of Officers-Revenue Laws Jun 1930

Courts-Extra Territorial Importance Of Officers-Revenue Laws

Indiana Law Journal

No abstract provided.


Are Justice Of The Peace Courts Impartial Tribunals?, Hugh Evander Willis May 1928

Are Justice Of The Peace Courts Impartial Tribunals?, Hugh Evander Willis

Indiana Law Journal

No abstract provided.


The Constitution And The Courts, Conrad Wolf Jun 1927

The Constitution And The Courts, Conrad Wolf

Indiana Law Journal

No abstract provided.