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The Bursting Of The Pedigree Bubble, William D. Henderson

Articles by Maurer Faculty

No abstract provided.

Liberalization And The Development Of Legal Education Policy In East Africa: A Case Study Of Uganda, Pamela Tibihikirra-Kalyegira

Maurer Theses and Dissertations

This dissertation analyzes the liberalization of legal education and training in East Africa. It explores avenues for developing a legal education policy that addresses various problems with regard to the quality of law graduates and of legal services in the market place currently available given the large number of law graduates entering the professional field each year.

The legal systems in Kenya, Tanzania and Uganda to a large extent follow the Common Law theories and practices of English Law. The three countries also share a history in the establishment of law schools and they face similar problems and challenges with …

From Grimm To Glory: Simulated Oral Argument As A Component Of Legal Education's Signature Pedagogy, Lisa T. Mcelroy

Indiana Law Journal

The past two years have been a period of landmark transformation in legal education. With the issuance of the Carnegie and Best Practices for Legal Education Reports, law schools and law professors have revisited the essential process of analyzing and transforming legal pedagogy. This widespread reexamination of the law school curriculum has yielded two important changes in legal education; first, law schools-including those in the top tier-have begun radically to amend their curricular goals and structures; and, second, legal scholars have begun to turn their attention to the theory and implementation of better legal education. As Carnegie and Best Practices …

Spring 2009

Alumni News

No abstract provided.

Vol. 7, No. 02 (March/April 2009)

Indiana Law Update

No abstract provided.

Vol. 36, No. 03 (February 2, 2009)

Indiana Law Annotated

No abstract provided.

Vol. 36, No. 02 (January 26, 2009)

Indiana Law Annotated

No abstract provided.

Vol. 36, No. 01 (January 20, 2009)

Indiana Law Annotated

No abstract provided.

Vol. 7, No. 01 (January/February 2009)

Indiana Law Update

No abstract provided.

2008/09, Indiana University Maurer School Of Law

Dean's Reports

Table of Contents:

p. 2 A message from the dean

p. 4 Development office helping alumni reconnect

p. 6 Stewarts introduce law students to a world of art

p. 8 Successful alumnus takes alternative career path

p. 10 Honor roll of donors

p. 24 Lilly Endowment gift brings five exceptional scholars to Indiana Law

p. 38 Kimberling: This is the time to start giving

p. 42 Six inducted into Academy of Law Alumni Fellows

p. 44 Distinguished Service Award winners take many paths to fulfilling service

p. 47 Class notes

p. 63 Law School honors Professor John Scanlan

"Old And Making Hay:" The Results Of The Pro Bono Institute Firm Survey On The Viability Of A "Second Acts" Program To Transition Attorneys To Retirement Through Pro Bono Work, Kenneth Glenn Dau-Schmidt, Esther Lardent, Reena Glazer, Kellen Ressmeyer

Articles by Maurer Faculty

In his 1998 Fairchild Lecture, Professor Marc Galanter proposed the idea that senior attorneys should be encouraged to undertake "a second 'public service' career" as a way of transitioning to retirement. The logic for encouraging such "Second Acts" in lawyers' careers is compelling. As Professor Galanter has demonstrated, in the coming years, there will be record numbers of attorneys navigating the transition to retirement as the "Baby Boomers" reach their golden years. This substantial body of highly skilled lawyers could have a significant impact on fulfilling unmet needs for legal representation. If even 5% of the practicing attorneys over sixty-five …

Between Diffusion And Distinctiveness In Globalization: U.S. Law Firms Go Glocal, Carole Silver, Nicole De Bruin Phelan, Mikaela Rabinowitz

Articles by Maurer Faculty

There is widespread agreement that law firms have embraced globalization, but what this means and why it matters are subjects still cloaked with uncertainty. Do law firms follow the models and processes of globalization characteristic of other businesses? Or are law firms forced to take a different approach because of the nature of law and its basis in a particular national system? In this article, we consider these questions as they apply to U.S. law firms, and offer a new lens to interpret the role of globalization in the activities of law firms and their lawyers. We use data relating …

Indiana's Latest Study Of The Legal Needs Of The Poor, Amy Applegate, Monica A. Fennell

Articles by Maurer Faculty

No abstract provided.

Transnational Legal Practice 2008, Carole Silver, Laurel S. Terry, Ellyn S. Rosen, Carol A. Needham, Jennifer Haworth Mccandless, Robert Lutz, Peter D. Ehrenhaft

Articles by Maurer Faculty

This article reviews developments in transnational legal practice during 2006 and 2007, including international developments, U.S. developments and regional developments in Australia and Europe. The primary focus of the international developments section is the WTO's General Agreement on Trade in Services (GATS). This article discusses GATS Track 1 Activities related to legal services, including the Legal Services Collective Requests and issues related to GATS Track 2 and the potential development of GATS disciplines. This section also surveys GATS-related initiatives of the American Bar Association and the International Bar Association and U.S. implementation of foreign lawyer multi-jurisdictional practice rules. In other …

Protecting Private Property With Constitutional Judicial Review: A Social Welfare Approach, Daniel H. Cole, Peter Z. Grossman

Articles by Maurer Faculty

This article uses a social welfare approach to determine if and when the institution of constitutional judicial review of property regulation and expropriation is efficient. A model is proposed in which property rights protection is a component of social costs. Constitutional judicial review is assumed to either add to or subtract on net from those costs, affecting social welfare generally. It will be shown that under realistic conditions, reflected in real instances, that constitutional judicial review might not enhance economic efficiency or overall social welfare. We show that the efficiency of constitutional judicial review is likely to vary within the …

The "Trial Of The Century" That Never Was: Staff Sgt. Macario Garcia, The Congressional Medal Of Honor, And The Oasis Cafè, Michael A. Olivas

Indiana Law Journal

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

Freeriders And Diversity In The Legal Academy: A New Dirty Dozen List?, Ediberto Roman, Christopher B. Carbot

Indiana Law Journal

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

Vol. 6, No. 03 (July/August 2008)

Indiana Law Update

No abstract provided.

Vol. 6, No. 02 (May/June 2008)

Indiana Law Update

No abstract provided.

Spring 2008

Alumni News

No abstract provided.

Legal Education In North Carolina: A Report For Potential Students, Lawmakers, And The Public, William D. Henderson, Andrew P. Morriss

Articles by Maurer Faculty

No abstract provided.

Vol. 34, No. 01 (January 14, 2008)

Indiana Law Annotated

No abstract provided.

The Elastic Tournament: The Second Transformation Of The Big Law Firm, William D. Henderson, Marc Galanter

Articles by Maurer Faculty

In 1991, Galanter and Palay published 'Tournament of Lawyers: The Transformation of the Big Law Firm', which documented the regular and relentless growth of large U.S. law firms. The book advanced several structural and historical factors to explain these patterns, centering on the adoption of the promotion-to-partnership tournament. Systemic changes in the marketplace for corporate legal services in the intervening years suggest the need for an updated account of the modern large law firm. Using 'Tournament of Lawyers' as a starting point, we propose to fill this void in the literature. Marching through a wide array of empirical evidence covering …

The Wto And Domestic Political Disquiet: Has Legalization Of The Global Trade Regime Gone Too Far?, James R. Cohee

Indiana Journal of Global Legal Studies

The recent "legalization" of the global trade regime (the WTO) has inspired enormous amounts of research and literature. Fewer commentators, however, have examined WTO legalization from the perspective of domestic interest groups. I add to this growing subfield of literature by arguing that the WTO has not exceeded its boundary for domestic political acceptance, nor will it likely do so in the near future. In one respect-" judicial activism"-legalization does, however, present a threat to domestic political support. Still, drawing from historical lessons, I argue that the WTO as an institution will face irrelevance only if both protectionists and multilateralists …

Assessing Laws And Legal Authorities For Public Health Emergency Legal Preparedness, David Fidler, Brian Kamoie, Robert M. Pestronk, Peter Baldridge, Leah Devlin, George A. Mensah, Michael Doney

Articles by Maurer Faculty

No abstract provided.

Domestic Violence And The Workplace: The Explosion Of State Legislation And The Need For A Comprehensive Strategy, Deborah A. Widiss

Articles by Maurer Faculty

In recent years, domestic violence legislation has migrated out of its traditional locus in family law and criminal law to include a rapidly growing body of employment law. The new laws respond to a relatively simple problem: Economic security is one of the most important factors in whether a victim of domestic violence will be able to separate from an abusive partner, but domestic violence often interferes with victims' ability to maintain jobs, thus causing job loss that further traps victims in abusive relationships. By providing supports to victims and empowering employers to take direct legal action against perpetrators of …

Transnational Legal Practice 2006-07, Carole Silver, Laurel S. Terry, Ellyn S. Rosen, Carol A. Needham, Robert Lutz, Peter D. Ehrenhaft

Articles by Maurer Faculty

This article reviews developments in transnational legal practice during 2006 and 2007, including international developments, U.S. developments and regional developments in Australia and Europe. The primary focus of the international developments section is the WTO's General Agreement on Trade in Services (GATS). This article discusses GATS Track 1 Activities related to legal services, including the Legal Services Collective Requests and issues related to GATS Track 2 and the potential development of GATS disciplines. This section also surveys GATS-related initiatives of the American Bar Association and the International Bar Association and U.S. implementation of foreign lawyer multi-jurisdictional practice rules. In other …

Globalization And The Business Of Law: Lessons For Legal Education, Carole Silver, David Van Zandt, Nicole De Bruin Phelan

Articles by Maurer Faculty

Whether working for global or local organizations, lawyers today are increasingly faced with the prospect of working with colleagues and competitors who are diverse in terms of nationality, education and training, and with clients whose problems may be as locally-focused as a Chicago zoning matter or as distant as the acquisition of one non-U.S. company by another. The global forces shaping business and the practice of law are felt in legal education, too, and U.S. law schools occupy a leading role in educating domestic and non-U.S. students for practice in the transnational marketplace. In spite of this, however, the core …

Working Class Judges, William D. Henderson, Christopher J. Zorn, Jason J. Czarnezki

Articles by Maurer Faculty

In recent years, a steady chorus of dignitaries has decried the low pay of federal judges and suggested that the federal judiciary is on the brink of losing its best and its brightest. The persistent nature of these claims should give us pause. Scott Baker's recent study empirically evaluates these claims by examining the relationship between judicial salaries and the work habits and voting patterns of federal appellate judges. If large pay disparities are indeed eroding the quality of the federal bench, Baker theorizes this likely results in more ideological voting, fewer dissents, longer delays in issuing opinions, and a …

Vol. 5, No. 04 (July/August 2007)

Indiana Law Update

No abstract provided.