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Articles 511 - 540 of 3615
Full-Text Articles in Entire DC Network
Success, Dominance, And Interoperability, Alan Devlin, Michael Jacobs, Bruno Peixoto
Success, Dominance, And Interoperability, Alan Devlin, Michael Jacobs, Bruno Peixoto
Indiana Law Journal
In September 2007, the European Court of First Instance (CFI) ruled that Microsoft violated the European Union's competition law by failing to provide certain of its rivals with proprietary computer protocols that would have enabled them to make their products fully "interoperable" with Microsoft's dominant operating system. In the process, the court suggested that an owner of certain kinds of dominant intellectual property is obliged to share its property with rivals to the extent necessary to allow those rivals to compete "viably" with the dominant firm. Thus, in theory, should protocol sharing fail to achieve the requisite degree of "viability, …
Our Schizoid Approach To The United States Constitution: Competing Narratives Of Constitutional Dynamism And Stasis, Sanford Levinson
Our Schizoid Approach To The United States Constitution: Competing Narratives Of Constitutional Dynamism And Stasis, Sanford Levinson
Indiana Law Journal
Jerome Hall Lecture at the Indiana University Maurer School of Law - Bloomington on October 3, 2008
Recasting Carried Interest: An Examination Of Recent Tax Reform Proposals, Marguerite Racher Snyder
Recasting Carried Interest: An Examination Of Recent Tax Reform Proposals, Marguerite Racher Snyder
Indiana Law Journal
No abstract provided.
Effective And Constitutional: Goals For A Hurricane Response Plan In The Aftermath Of Hurricanes Katrina And Rita, Neal Mchenry
Effective And Constitutional: Goals For A Hurricane Response Plan In The Aftermath Of Hurricanes Katrina And Rita, Neal Mchenry
Indiana Law Journal
No abstract provided.
"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.
A Defense Of Embryonic Stem Cell Research, Gregory Dolin, M.D.
A Defense Of Embryonic Stem Cell Research, Gregory Dolin, M.D.
Indiana Law Journal
No abstract provided.
Poodles And Bulldogs: The United States, Britain, And The International Rule Of Law, Philippe Sands
Poodles And Bulldogs: The United States, Britain, And The International Rule Of Law, Philippe Sands
Indiana Law Journal
Addison C. Harris Lecture
Retribution's Role, John Bronsteen
Retribution's Role, John Bronsteen
Indiana Law Journal
Two main types of principle, retributive and consequentialist, have long been identified as the main approaches to justifying criminal punishment. Retributivists deem punishment justified by the wrongdoing of the offender, whereas utilitarians deem it justified by its good consequences such as deterring future crime. Over the past fifty years, each has spent decades as the dominant theory, and many hybrid theories have also been advanced. But few, if any, of the hybrid approaches have valued heavily both retributive and consequentialist considerations while locating the particular justificatory role each category plays. This Article points in that direction by reframing the central …
The Paradox Of Public Sector Labor Law, Martin H. Malin
The Paradox Of Public Sector Labor Law, Martin H. Malin
Indiana Law Journal
William R. Stewart Lecture
Toward A Coherent Test For Disparate Impact Discrimination, Jennifer L. Peresie
Toward A Coherent Test For Disparate Impact Discrimination, Jennifer L. Peresie
Indiana Law Journal
Statistics are generally plaintiffs' primary evidence in establishing a prima facie case of disparate impact discrimination. Thus, the use, or misuse, of statistics dictates case outcomes. Lacking a coherent test for disparate impact, courts choose between the two prevailing tests, statistical significance and the four-fifths rule, in deciding cases, and these tests frequently produce opposite results. Litigants thus face considerable uncertainty and the risk that a judge's preferred outcome will dictate which test is applied. This Article recognizes that the two tests perform complementary functions that both play a useful role in determining whether liability should be imposed. statistical significance …
Foreword: Freedom Of Expression: "Precious Right" In Europe, "Sacred Right" In The United States?, Elisabeth Zoller
Foreword: Freedom Of Expression: "Precious Right" In Europe, "Sacred Right" In The United States?, Elisabeth Zoller
Indiana Law Journal
Symposium: An Ocean Apart? Freedom of Expression in Europe and the United States. This Article was originally written in French and delivered as a conference paper at a symposium held by the Center for American Law of the University of Paris II (Panthèon-Assas) on January 18-19, 2008.
Freedom Of Expression In The Federal Republic Of Germany, Oliver Jouanjan
Freedom Of Expression In The Federal Republic Of Germany, Oliver Jouanjan
Indiana Law Journal
Symposium: An Ocean Apart? Freedom of Expression in Europe and the United States. This Article was originally written in French and delivered as a conference paper at a symposium held by the Center for American Law of the University of Paris II (Panthèon-Assas) on January 18-19, 2008.
Free Speech And National Security, Geoffrey R. Stone
Free Speech And National Security, Geoffrey R. Stone
Indiana Law Journal
Symposium: An Ocean Apart? Freedom of Expression in Europe and the United States. This Article was originally written in French and delivered as a conference paper at a symposium held by the Center for American Law of the University of Paris II (Panthèon-Assas) on January 18-19, 2008.
The European Court Of Human Rights And The Freedom Of Expression, Jean-François Flauss
The European Court Of Human Rights And The Freedom Of Expression, Jean-François Flauss
Indiana Law Journal
Symposium: An Ocean Apart? Freedom of Expression in Europe and the United States. This Article was originally written in French and delivered as a conference paper at a symposium held by the Center for American Law of the University of Paris II (Panthèon-Assas) on January 18-19, 2008.
Freedom Of Expression In The United Kingdom Under The Human Rights Act 1998, Eric Barendt
Freedom Of Expression In The United Kingdom Under The Human Rights Act 1998, Eric Barendt
Indiana Law Journal
Symposium: An Ocean Apart? Freedom of Expression in Europe and the United States. This Article was originally written in French and delivered as a conference paper at a symposium held by the Center for American Law of the University of Paris II (Panthèon-Assas) on January 18-19, 2008.
The United States Supreme Court And The Freedom Of Expression, Elisabeth Zoller
The United States Supreme Court And The Freedom Of Expression, Elisabeth Zoller
Indiana Law Journal
Symposium: An Ocean Apart? Freedom of Expression in Europe and the United States. This Article was originally written in French and delivered as a conference paper at a symposium held by the Center for American Law of the University of Paris II (Panthèon-Assas) on January 18-19, 2008.
The Categorical Approach To Protecting Speech In American Constitutional Law, Daniel A. Farber
The Categorical Approach To Protecting Speech In American Constitutional Law, Daniel A. Farber
Indiana Law Journal
Symposium: An Ocean Apart? Freedom of Expression in Europe and the United States. This Article was originally written in French and delivered as a conference paper at a symposium held by the Center for American Law of the University of Paris II (Panthèon-Assas) on January 18-19, 2008.
Restraining The Heartless: Racist Speech And Minority Rights, Jeannine Bell
Restraining The Heartless: Racist Speech And Minority Rights, Jeannine Bell
Indiana Law Journal
Symposium: An Ocean Apart? Freedom of Expression in Europe and the United States. This Article was originally written in French and delivered as a conference paper at a symposium held by the Center for American Law of the University of Paris II (Panthèon-Assas) on January 18-19, 2008.
The First Amendment And Commercial Speech, C. Edwin Baker
The First Amendment And Commercial Speech, C. Edwin Baker
Indiana Law Journal
Symposium: An Ocean Apart? Freedom of Expression in Europe and the United States. This Article was originally written in French and delivered as a conference paper at a symposium held by the Center for American Law of the University of Paris II (Panthèon-Assas) on January 18-19, 2008.
Feminist Theory And Freedom Of Speech, Free Speech Theory, Susan H. Williams
Feminist Theory And Freedom Of Speech, Free Speech Theory, Susan H. Williams
Indiana Law Journal
Symposium: An Ocean Apart? Freedom of Expression in Europe and the United States. This Article was originally written in French and delivered as a conference paper at a symposium held by the Center for American Law of the University of Paris II (Panthèon-Assas) on January 18-19, 2008.
A Comparison Of The Freedom Of Speech Of Workers In French And American Law, Patrick Morvan
A Comparison Of The Freedom Of Speech Of Workers In French And American Law, Patrick Morvan
Indiana Law Journal
Symposium: An Ocean Apart? Freedom of Expression in Europe and the United States. This Article was originally written in French and delivered as a conference paper at a symposium held by the Center for American Law of the University of Paris II (Panthèon-Assas) on January 18-19, 2008.
From Grimm To Glory: Simulated Oral Argument As A Component Of Legal Education's Signature Pedagogy, Lisa T. Mcelroy
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 …
Say "I Do": The Judicial Duty To Heighten Constitutional Scrutiny Of Immigration Policies Affecting Same-Sex Binational Couples, Cori K. Garland
Say "I Do": The Judicial Duty To Heighten Constitutional Scrutiny Of Immigration Policies Affecting Same-Sex Binational Couples, Cori K. Garland
Indiana Law Journal
No abstract provided.
The Lost Meaning Of The Jury Trial Right, Laura I. Appleman
The Lost Meaning Of The Jury Trial Right, Laura I. Appleman
Indiana Law Journal
No abstract provided.
Revisiting Prosecutorial Disclosure, Alafair S. Burke
Revisiting Prosecutorial Disclosure, Alafair S. Burke
Indiana Law Journal
After the exoneration of more than 200 people based on post-conviction DNA evidence, a growing movement against wrongful convictions has called increased attention to the prosecutorial suppression of material exculpatory evidence. Commentators frequently study prosecutorial failures to disclose as a form of intentional misconduct, coloring both the description of the problem and the recommended solutions. This Article, in contrast, explores how even ethical prosecutors might fail to disclose exculpatory evidence because off laws in the Brady doctrine itself-specifically, the Court's limitation of the doctrine to "material" exculpatory evidence. The materiality standard amplifies cognitive biases that distort even an ethical prosecutor's …
Interfaith Marriage In Islam: An Examination Of The Legal Theory Behind The Traditional And Reformist Positions, Alex B. Leeman
Interfaith Marriage In Islam: An Examination Of The Legal Theory Behind The Traditional And Reformist Positions, Alex B. Leeman
Indiana Law Journal
No abstract provided.
Putting The Community Back In Community Benefit: Proposed State Tax Exemption Standard For Nonprofit Hospitals, Michele R. Goodman
Putting The Community Back In Community Benefit: Proposed State Tax Exemption Standard For Nonprofit Hospitals, Michele R. Goodman
Indiana Law Journal
No abstract provided.
Does The Constitutional Norm Of Separation Of Church And State Justify The Denial Of Tax Exemption To Churches That Engage In Partisan Political Speech, Johnny Rex Buckles
Does The Constitutional Norm Of Separation Of Church And State Justify The Denial Of Tax Exemption To Churches That Engage In Partisan Political Speech, Johnny Rex Buckles
Indiana Law Journal
No abstract provided.
The Central Intelligence Agency's "Family Jewels": Legal Then? Legal Now?, Daniel L. Pines
The Central Intelligence Agency's "Family Jewels": Legal Then? Legal Now?, Daniel L. Pines
Indiana Law Journal
Congress and the media recently have claimed that various activities of the Central Intelligence Agency (CIA)-from rendition operations, to the destruction of videotapes, to the maintenance of secret detention facilities overseas--are illegal. Critics levied similar charges against the CIA thirty-five years ago, with regard to activities contained in the "Family Jewels"--the 1973 compilation of the CIA's darkest secrets. The recent release of the Family Jewels provides the opportunity to try to put today's concerns in perspective. This Article evaluates the key activities conducted by the CIA as described in the Family Jewels-experimentation on unconsenting individuals, attempted targeted killings of foreign …
Rethinking Judicial Deference To Legislation Fact-Finding, Caitlin E. Borgmann
Rethinking Judicial Deference To Legislation Fact-Finding, Caitlin E. Borgmann
Indiana Law Journal
It is traditionally assumed that the role of ascertaining and evaluating the social facts underlying a statute belongs to the legislatures. The courts in turn are tasked with deciding the law and must defer to legislative fact-finding on relevant issues of social fact. This simplistic formula, however, does not accurately describe the courts' confused approach to legislative fact-finding. Although the courts often speak in terms of deference, they follow no consistent or predictable pattern in deciding whether to defer in a given case. Moreover, blanket judicial deference to legislative fact-finding would not be a wise general rule. Because social fact-finding …