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Articles 1 - 12 of 12
Full-Text Articles in Law
University Ip: The University As Coordinator Of The Team Production Process, Samuel Estreicher, Kristina A. Yost
University Ip: The University As Coordinator Of The Team Production Process, Samuel Estreicher, Kristina A. Yost
Indiana Law Journal
This Article focuses on intellectual property (IP) issues in the university setting. Often, universities require faculty who have been hired in whole or in part to invent to assign inventions created within the scope of their employment to the university. In addition, the most effective way to secure compliance with the Bayh-Dole Act, which deals with ownership of inventions involving federally funded research, is for the university to take title to such inventions. Failure to specify who has title can result in title passing to the government. Once the university asserts ownership, it then decides whether to process a patent …
Silencing Grand Jury Witnesses, R. Michael Cassidy
Silencing Grand Jury Witnesses, R. Michael Cassidy
Indiana Law Journal
This Article addresses one crucial aspect of the ongoing debate about grand jury transparency. Assuming that well over half the states and the federal government continue to employ the grand jury to investigate felony offenses, and assuming that these proceedings continue to be shielded from public view, should witnesses themselves be allowed to discuss their testimony with the press or with each other? This larger question raises two narrow but very important subsidiary issues. First, does a prosecutor who conditions a written proffer or cooperation agreement with a grand jury witness on the witness’s promise not to inform other targets, …
In The Breach: Citizenship And Its Approximations, Susan C.B. Coutin
In The Breach: Citizenship And Its Approximations, Susan C.B. Coutin
Indiana Journal of Global Legal Studies
To analyze the forms of membership that are created in the gap between formal citizenship and social belonging, this paper takes up three examples of citizenship in the breach: (1) the 1980-1992 Salvadoran civil war, in which human rights abuses perpetrated in El Salvador effectively constituted Salvadoran migrants as stateless persons, though technically they held Salvadoran citizenship; (2) informal U.S. membership claims put forward by longtime U.S. residents who were deported to El Salvador; and (3) the legal or documentary problems that emerge when legal permanent residents, some of whom immigrated to the United States from El Salvador during the …
"Don't Ask, Don't Tell," The Supreme Court, And Lawrence The "Laggard", Audrey K. Hagedorn
"Don't Ask, Don't Tell," The Supreme Court, And Lawrence The "Laggard", Audrey K. Hagedorn
Indiana Law Journal
No abstract provided.
Disposable Workers: Applying A Human Rights Framework To Analyze Duties Owed To Seriously Injured Or Ill Migrants, Lori A. Nessel
Disposable Workers: Applying A Human Rights Framework To Analyze Duties Owed To Seriously Injured Or Ill Migrants, Lori A. Nessel
Indiana Journal of Global Legal Studies
The practice of medical repatriation, or the extrajudicial deportation of seriously ill immigrants directly by hospitals, was largely unknown and under-theorized until recently. In the past few years, a number of scholars have focused on the legal and ethical issues raised by this practice. However, medical repatriation has most often been analyzed in isolation as an example of an anomalous unlawful or unethical action undertaken by hospitals, rather than as a predictable, if horrifying, extension of a legal regime that treats migrant labor as disposable. In contrast, this Article contextualizes the private deportation of migrant workers by hospitals within broader …
Citizenship And Marriage In A Globalizing World: Multicultural Families And Monocultural Nationality Laws In Korea And Japan, Erin Aeran Chung, Daisy Kim
Citizenship And Marriage In A Globalizing World: Multicultural Families And Monocultural Nationality Laws In Korea And Japan, Erin Aeran Chung, Daisy Kim
Indiana Journal of Global Legal Studies
This Article analyzes how individual and local attempts to address low fertility rates in Korea and Japan have prompted unprecedented reforms in monocultural nationality laws. Korea and Japan confront rapidly declining working-age population projections; yet, they have prohibited the immigration of unskilled workers, until recently in Korea's case, on the claim that their admission would threaten social cohesion. Over the past two decades, both countries have made only incremental reforms to their immigration policies that fall short of alleviating labor shortages and the fiscal burdens of maintaining a large elderly population. Instead, prompted by the growth of so-called multicultural families …
Transnational Adoption And European Immigration Politics: Producing The National Body In Sweden, Barbara Yngvesson
Transnational Adoption And European Immigration Politics: Producing The National Body In Sweden, Barbara Yngvesson
Indiana Journal of Global Legal Studies
This article explores the role of transnational adoption in the production of a multicultural but Swedish national body during the second half of the twentieth and the first decade of the twenty-first century, when Sweden became a multiethnic, multicultural, and racially divided country. I examine the development of international adoption policies in the 1970s, 1980s, and 1990s, emphasizing the erasure of the child's connection to a preadoptive past, even as the child's cultural difference was celebrated in adopting nations. In Sweden, which in the late 1970s and early 1980s had the world's highest adoption ratio (number of transnational adoptions per …
Adjudicating The Intersection Of Marital Immigration, Domestic Violence, And Spousal Murder: China-Taiwan Marriages And Competing Legal Domains, Sara L. Friedman
Adjudicating The Intersection Of Marital Immigration, Domestic Violence, And Spousal Murder: China-Taiwan Marriages And Competing Legal Domains, Sara L. Friedman
Indiana Journal of Global Legal Studies
Cross-border marriages and other forms of family reunification dominate officially recognized migratory flows around the world today, and they offer the most widely recognized path to naturalized citizenship in destination countries. At the same time, however, transnational marriages may also rest on shaky foundations precisely because immigrant spouses depend on their citizen partner for legal status. When marriages fail due to domestic violence, they expose the incompatibility of different legal domains organized around domestic violence prevention and immigration regulation. This Article examines the legal conflicts that emerged in response to a recent case in Taiwan involving an immigrant wife from …
"Knock And Talk" And The Fourth Amendment, Craig M. Bradley
"Knock And Talk" And The Fourth Amendment, Craig M. Bradley
Indiana Law Journal
No abstract provided.
International Commerce And Undocumented Workers: Using Trade To Secure Labor Rights, Laura Jakubowski
International Commerce And Undocumented Workers: Using Trade To Secure Labor Rights, Laura Jakubowski
Indiana Journal of Global Legal Studies
This article explores the rights of illegal immigrants and undocumented workers throughout the world. International treaties have attempted to deal with the rights of undocumented workers, but few countries have been willing to sign on to the treaties. This article argues that undocumented workers should have more expansive rights, and that international trade agreements and institutions should be used where human rights and domestic solutions have failed to guarantee the rights of the most vulnerable workers.
Bioethics And Law: Between Values And Rules, Cinzia Piciocchi
Bioethics And Law: Between Values And Rules, Cinzia Piciocchi
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.
Some New Ideas About Law, Zechariah Chafee Jr.
Some New Ideas About Law, Zechariah Chafee Jr.
Indiana Law Journal
Address by Zechariah Chafee, Jr., Professor of Law at Harvard Law School, delivered before the Indiana State Bar Association at Lake Wawasee, Indiana, July 10, 1936.