Law Commons^™

The Institute For The Future Of Law Practice: A New Narrative For Legal Education And The Legal Profession, William D. Henderson

Articles by Maurer Faculty

"The mission of IFLP is to produce more legal professionals who have strong legal knowledge plus foundational training in allied disciplines — in other words, “T-shaped” legal professionals."

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You look down at your smartphone and see that you just got a text from a close family relative. They are asking to schedule a phone call.

The next line reads, “I’m thinking about going to law school.”

Well, if you read PD Quarterly, you’re likely a logical person to seek out for advice. You’ve got some time to think about it. What are you going to say?

Whatever your counsel, …

Legal Principles And Seminal Legal Cases In Oocyte Donation, Jody L. Madeira, Susan L. Crockin

Articles by Maurer Faculty

Oocyte donation has played an increasingly important role in assisted reproductive technologies since the early 1980s. Over the past 30 years, unique legal standards have evolved to address issues in the oocyte donation procedure itself as well as the disputes over issues, such as parentage, that inevitably arise with new technologies, particularly for individuals seeking to build nontraditional families. This essay will explore oocyte donation's legal aspects as well as seminal law concerning the procedure, including statutory law (uniform and model provisions and enacted state laws) and selected judicial opinions concerning surrogacy and parentage, testing of oocyte donors, mix-ups of …

Reflections On The Future Of Global Legal Studies, Mark Fathi Massoud

Indiana Journal of Global Legal Studies

This Article proposes a set of theoretical ideas and practical innovations for the future of global legal studies in the three areas that make up the academic profession: research, teaching, and service. The future directions of global legal studies will involve building intellectual bridges that connect law with global politics, society, history, religion, and human behavior. Constructing these bridges preserves global legal studies as both an interdisciplinary enterprise and a movement for justice. This twin commitment to rigorous inquiry and social justice involves sustaining a welcoming community for graduate students and early career scholars, and prioritizing the experiences of those …

Do Unions Promote Rights For People With Disabilities?, Lilach Lurie

Indiana Journal of Law and Social Equality

Scholars and international organizations emphasize the role of unions in promoting disability rights. Nonetheless, previous studies showed that unions may underrepresent people with disabilities. The current research aims to contribute to this debate through an empirical examination of collective agreements in Israel. The research shows that although collective agreements in Israel promote disability insurance and job security for people with disabilities, they do not promote accommodations or employability security for workers with disabilities. Moreover, the research shows that coordination between unions and disability organizations is essential to promote the rights of workers with disabilities. Lastly, the research emphasizes the importance …

Why The 1960 Lunch Counter Sit-Ins Worked: A Case Study Of Law And Social Movement Mobilization, Christopher W. Schmidt

Indiana Journal of Law and Social Equality

No abstract provided.

Inefficient Inequality, Shi-Ling Hsu

Indiana Journal of Law and Social Equality

For the past several decades, much American lawmaking has been animated by a concern for economic efficiency. At the same time, broad concerns over wealth and income inequality have roiled American politics, and still loom over lawmakers. It can be reasonably argued that a tension exists between efficiency and equality, but that argument has had too much purchase over the past few decades of lawmaking. What has been overlooked is that inequality itself can be allocatively inefficient when it gives rise to collectively inefficient behavior. Worse still, some lawmaking only masquerades as being efficiency-promoting; upon closer inspection, some of this …

Judging Adaptive Management Practices Of U.S. Agencies, Robert L. Fischman, J. B. Ruhl

Articles by Maurer Faculty

All U.S. federal agencies administering environmental laws purport to practice adaptive management (AM), but little is known about how they actually implement this conservation tool. A gap between the theory and practice of AM is revealed in judicial decisions reviewing agency adaptive management plans. We analyzed all U.S. federal court opinions published through 1 January 2015 to identify the agency AM practices courts found most deficient. The shortcomings included lack of clear objectives and processes, monitoring thresholds, and defined actions triggered by thresholds. This trio of agency shortcuts around critical, iterative steps characterizes what we call AM-lite. Passive AM differs …

Syria - Another Drawback For R2p?: An Analysis Of R2p'S Failure To Change International Law On Humanitarian Intervention, Muditha Halliyade Dr.

Indiana Journal of Law and Social Equality

No abstract provided.

Autism Charter Schools: Legally Vulnerable Or Viable?, Janet R. Decker, Keshia Seitz, Bruce Kulwicki

Indiana Journal of Law and Social Equality

Perhaps due to the dramatic increase in children diagnosed with autism, a new type of charter school has emerged that is designed to specifically serve students with autism. If these autism charter schools illegally segregate students with autism from typically developing peers, they are vulnerable to legal challenges. In this Article, we identified many constitutional and statutory violations that could exist at autism charter schools; however, our review of the litigation found that autism charter schools have not been challenged for these legal violations. Instead, we found only one charter school case alleging segregation based on ability level and eight …

Newman, J., Dissenting: Another Vision Of The Federal Circuit, Blake R. Hartz

IP Theory

No abstract provided.

Straight From The Mouth Of The Volcano: The Lowdown On Law, Language, And Latin@S, Ȧngel R. Oquendo

Indiana Law Journal

Symposium: Latinos and Latinas at the Epicenter of Contemporary Legal Discourses. Indiana University School of Law-Bloomington, March 2007.

Commodification And Contract Formation: Placing The Consideration Doctrine On Stronger Foundations, David Gamage, Allon Kedem

Articles by Maurer Faculty

Under the traditional consideration doctrine, a promise is only legally enforceable if it is made in exchange for something of value. This doctrine lies at the heart of contract law, yet it lacks a sound theoretical justification a fact that has confounded generations of scholars and created a mess of case law.

This article argues that the failure of traditional justifications for the doctrine comes from two mistaken assumptions. First, previous scholars have assumed that anyone can back a promise with nominal consideration if they wish to do so. We show how social norms against commodification limit the availability of …

Comment: Autonomy And The Public-Private Distinction In Bioethics And Law, Susan H. Williams

Indiana Journal of Global Legal Studies

Back to Government?: The Pluralistic Deficit in the Decisionmaking Processes and Before the Courts, Symposium. University of Trento, Italy, June 11-12, 2004.

When Memory Speaks: Remembrance And Revenge In Unforgivent, Austin Sarat

Indiana Law Journal

Symposium on "Law, Morality, and Popular Culture in the Public Sphere" at the Indiana University School of Law-Bloomington, April 6, 2001.

Introduction To Law, Morality, And Popular Culture In The Public Sphere Symposium, Lauren K. Robel

Indiana Law Journal

Symposium on "Law, Morality, and Popular Culture in the Public Sphere" at the Indiana University School of Law-Bloomington, April 6, 2001.

Law Meets Food: Breakfast At Hilary's, Fedwa Malti-Douglas

Indiana Law Journal

Symposium on "Law, Morality, and Popular Culture in the Public Sphere" at the Indiana University School of Law-Bloomington, April 6, 2001.

Creativity And The Law, Alfred C. Aman Jr.

Alfred Aman Jr. (1991-2002)

No abstract provided.

Electronic Communications And The Law: Help Or Hindrance To Telecommuting?, Jennifer C. Dombrow

Federal Communications Law Journal

During 1997, an estimated 11.1 million workers preformed some portion of their work by telecommuting. This number is expected to grow as employers continue to discover the benefits that can result from instituting a telecommuting policy. This growth may be hindered, however, by controversy concerning employee privacy rights. Although the use of electronic communications in the workplace is common, the laws addressing employee privacy rights and employer monitoring rights concerning these communications are ambiguous. New legislation is necessary to specifically define the respective rights of employers and employees. Without this new legislation, the benefits of electronic communications in the workplace, …

What Is Law? A Search For Legal Meaning And Good Judging Under A Textualist Lens, Roger Colinvaux

Indiana Law Journal

No abstract provided.

Celebrating Our Past, Celebrating Our Future, Alfred C. Aman Jr.

Alfred Aman Jr. (1991-2002)

No abstract provided.

Law, Lawyers, And Legal Practice In Silicon Valley: A Preliminary Report, Lawrence M. Friedman, Robert W. Gordon, Sophie Pirie, Edwin Whatley

Indiana Law Journal

The Growth of Large Law Firms and Its Effect on the Legal Profession and Legal Education, Symposium

Law, Morality And The Judge: Robert M. Cover's Justice Accused, Raymond L. Faust

IUSTITIA

The intellectual world of the nineteenth century judge was one in which the two main concerns relevant to our topic here were what the judge's role ought to be in the evolution of law in a democratic society, and whether a recognition and application of 'natural law' was ever appropriate to a legal system. Professor Cover reviews exhaustively the eighteenth and nineteenth century sources from which American judges drew their ideas on these subjects, and studies practically all of the antebellum slavery litigation to discover how judges actually applied these doctrines in the context of slavery cases. What he comes …

Obscenity, The Law And Religion, Thomas A. Long

IUSTITIA

The long history of the relation between Western religion and secular law is both interesting and complex.' In what follows I shall discuss one current social issue which is illustrative of this relation,namely, the relatively recent legal-moral controversy over obscenity.

Law And Today's Crisis-Situations, Thomas E. Davitt

Indiana Law Journal

No abstract provided.

Liberalism Within The Law: The Continuing Contribution Of Ralph Follen Fuchs, Maurice H. Merrill

Indiana Law Journal

No abstract provided.

The Morality Of Law, By Lon L. Fuller, Edwin W. Tucker

Indiana Law Journal

No abstract provided.

Society And The Law, By F. James Davis, Henry H. Foster, Jr., C. Ray Jeffery, And E. Eugene Davis, Sanford N. Katz

Indiana Law Journal

No abstract provided.

The Regenerative Process In Law, Leon Green

Indiana Law Journal

Addison C. Harris Lecture Series

The Moral Decision: Right And Wrong In The Light Of American Law, By Edmond Cahn, W. Friedmann

Indiana Law Journal

No abstract provided.

Police And Law In A Democratic Society, Jerome Hall

Indiana Law Journal

This paper consists of three public lectures delivered at the University of Chicago Law School on July 15, 22, and 23, 1952, as part of a conference on Police and Racial Tensions.