Digital Commons Network^™

Vol. 29, No. 12 (November 21, 2005)

Indiana Law Annotated

No abstract provided.

Vol. 29, No. 07 (October 10, 2005)

Indiana Law Annotated

No abstract provided.

Vol. 3, No. 09 (October/November 2005)

Indiana Law Update

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

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

Indiana Law Journal

No abstract provided.

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

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 …

Vol. 29, No. 04 (September 19, 2005)

Indiana Law Annotated

No abstract provided.

Vol. 29, No. 03 (September 12, 2005)

Indiana Law Annotated

No abstract provided.

Vol. 29, No. 02 (September 5, 2005)

Indiana Law Annotated

No abstract provided.

Information Security Breaches And The Threat To Consumers, Fred H. Cate

Articles by Maurer Faculty

No abstract provided.

Vol. 29, No. 01 (August 29, 2005)

Indiana Law Annotated

No abstract provided.

Vol. 3, No. 07 (August 2005)

Indiana Law Update

No abstract provided.

Legal Restrictions On Transborder Data Flows To Prevent Government Access To Personal Data: Lessons From British Columbia, Fred H. Cate

Articles by Maurer Faculty

No abstract provided.

Back To Government?: The Pluralistic Deficit In The Decisionmaking Process And Before The Courts, Fulvio Cortese, Marco Dani, Francesco Palermo

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.

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.

The Concept Of Statutory Law In Eu Perspective, Francesico Bilancia

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.

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.

Administrative Procedure And Democracy: The Italian Experience, Fabrizio Fracchia

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.

Functional Participation In Eu Delegation Regulation: Lessons From The United States And The Eu's "Constitutional Moment:, Stijn Smismans

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.

Access To U.S. Federal Courts As A Forum For Human Rights Disputes: Pluralism And The Alien Tort Claims Act, Christiana Ochoa

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.

Vol. 3, No. 06 (July 2005)

Indiana Law Update

No abstract provided.

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

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 …

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.

Digital Crossroads, Kathleen Wallman

Federal Communications Law Journal

Book Review: Digital Crossroads: American Telecommunications Policy in the Internet Age, Jonathan E. Nuechterlein & Philip J. Weiser, Cambridge, Mass., MIT Press, 2005, 670 pages.

A review of Digital Crossroads: American Telecommunications Policy in the Internet Age, by Jonathan E. Nuechterlein and Philip J. Weiser, MIT Press, 2005. Most practitioners of communications law are familiar with the necessity of teaching themselves enough economics, engineering, and politics to practice competently and comfortably in an area that is inherently interdisciplinary. Likewise, many professors who teach telecommunications from a variety of disciplinary perspectives are familiar with the frustration of locating a text that …

New Objectives For Cfius: Foreign Ownership, Critical Infrastructure, And Communications Interception, James A. Lewis

Federal Communications Law Journal

Global economic integration creates new risks for national security. Foreign ownership of telecommunications service providers is an area of expanding concern. Foreign ownership could multiply opportunities for espionage by increasing foreign entities' access to U.S. communications and networks as well as increasing the complexity of defenders' tasks. Foreign ownership could make law enforcement communications interception more difficult. Foreign ownership could also increase the ability of a potential opponent to disrupt critical infrastructure and the services the foreign-controlled entities provide. These concerns create interest in improving existing processes for managing the risks associated with foreign ownership--such responsibility principally lies with the …

State Regulatory Approaches To Voip: Policy, Implementation, And Outcome, Robert Cannon

Federal Communications Law Journal

This Article explores the many perspectives on Voice over Internet Protocol ("VoIP"). The notion of the Article is not to resolve the definitive approach to VolP. Rather, this Article suggests that the process of the approach has itself become muddled. Individuals quibble, contrasting the superiority of one perspective over another, negating the reason why they were looking in the first place. This Article is the second part of a project to survey and analyze state VoIP policy. The first part of the project surveyed state VolP regulatory activity. This part seeks to place that precedent in a centrifuge, segregating out …

Vol. 3, No. 04 (May 2005)

Indiana Law Update

No abstract provided.

Vol. 28, No. 13 (April 11, 2005)

Indiana Law Annotated

No abstract provided.