Digital Commons Network^™

Why Don't "Reasonable Women" Complain About Sexual Harassment?, L. Camille Hébert

Indiana Law Journal

No abstract provided.

Legislation And Legitimation: Congress And Insider Trading In The 1980s, Thomas W. Joo

Indiana Law Journal

Orthodox corporate law and economics holds that American corporate and securities regulation has evolved inexorably toward economic efficiency. That position is difficult to square with the fact that regulation is the product of government actors and institutions. Indeed, the rational behavior assumptions of law and economics suggest that those actors and institutions would tend to place their own self-interest ahead of economic efficiency. This Article provides anecdotal evidence of such self interest at work. Based on an analysis of legislative history-primarily congressional hearings-this Article argues that Congress had little interest in the economic policy effect of insider trading legislation in …

A Republic Of The Mind: Cognitive Biases, Fiscal Federalism, And Section 164 Of The Tax Code, Brian Galle

Indiana Law Journal

No abstract provided.

Medical Product Information Incentives And The Transparency Paradox, Daniel R. Cahoy

Indiana Law Journal

Recent allegations that essential safety and efficacy information is often suppressed by medical product manufacturers or poorly evaluated by regulators have led to calls for greater information transparency. The public is justifiably concerned that its ability to conduct an informed risk-benefit assessment of drugs and medical devices is compromised. Several changes have already been made to federal regulatory law and medical research policy to mandate greater disclosure and more changes are being considered. However, it is possible that these measures may backfire by enhancing significant tort-based economic disincentives for generating new information.I n other words, greater disclosure requirements could, paradoxically, …

Lies, Damned Lies, And Statistics? Structured Settlements, Factoring, And The Federal Government, Laura J. Koenig

Indiana Law Journal

No abstract provided.

Of Rules And Standards: Reconciling Statutory Limitations On "Arising Under" Jurisdiction, Richard D. Freer

Indiana Law Journal

No abstract provided.

Simon Says: Time For A New Approach To Choice-Of-Law Questions In Indiana, Eric J. Mckeown

Indiana Law Journal

No abstract provided.

Not Just "Every Man": Revisiting The Journalist's Privilege Against Compelled Disclosure Of Confidential Sources, Jaime M. Porter

Indiana Law Journal

No abstract provided.

Reconciling The Harvard And Chicago Schools: A New Antitrust Approach For The 21st Century, Thomas A. Piraino Jr.

Indiana Law Journal

No abstract provided.

Independent Adjudication, Political Process, And The State Of Labor-Management Relations: The Role Of The National Labor Relations Board, William B. Gould Iv

Indiana Law Journal

William R. Stewart Lecture given at Indiana University School of Law-Bloomington on October 31, 2006.

Halos, Billboards, And The Taxation Of Charitable Sponsorships, Ethan G. Stone

Indiana Law Journal

No abstract provided.

Constitutional Challenges To Indiana's Third-Party Custody Statutes, Kristen H. Fowler

Indiana Law Journal

No abstract provided.

Rethinking Criminal Corporate Liability, Andrew Weissmann, David Newman

Indiana Law Journal

Under current federal law, a corporation, no matter how large or small, is criminally liable if a member of the organization commits a crime within the scope of employment and at least in part with the intent to benefit the company. This Article challenges that doctrine and contends that where it seeks to charge a corporation criminally, the government should bear the burden of establishing as an additional criminal element that the corporation failed to have reasonable policies and procedures to prevent the employee 's conduct. Narrowing the scope of criminal corporate liability is supported by the reasoning of a …

On Virtual Worlds: Copyright And Contract Law At The Dawn Of The Virtual Age, Erez Reuveni

Indiana Law Journal

This Article argues that copyright law can and should apply to artistic and literary creations occurring entirely in virtual worlds. First, the Article introduces the concept of virtual worlds as places millions of people visit not only for entertainment but also for life and work. Second, the Article reviews the philosophical justifications for copyright, examines objections to applying copyright to virtual, rather than real, creative works, and concludes that neither precludes copyright for virtual creations. Third, the Article articulates how copyright law would function within virtual spaces and reviews copyrightable creations from the perspective of both game developers and players. …

The Impact Of Popular Culture On American Perceptions Of The Courts, David Ray Papke

Indiana Law Journal

Conference of Chief Justices and Conference of State Court Administrators Annual Meeting July 29-August 2, 2006 Indianapolis, Indiana.

The Bluebook At Eighteen: Reflecting And Ratifying Current Trends In Legal Scholarship, Christine Hurt

Indiana Law Journal

No abstract provided.

Roscoe Pound Round-Table Discussion, Judith Resnik, Leroy Rountree Hassell Sr., Margaret H. Marshall, Clifford W. Taylor, Lucy A. Dalglish, Luke Bierman, Mark S. Curriden

Indiana Law Journal

Conference of Chief Justices and Conference of State Court Administrators Annual Meeting July 29-August 2, 2006 Indianapolis, Indiana.

The State Of The Onion: Peeling Back The Layers Of America's Ambivalence Toward Judicial Independence, Charles G. Geyh

Indiana Law Journal

Conference of Chief Justices and Conference of State Court Administrators Annual Meeting July 29-August 2, 2006 Indianapolis, Indiana.

From Kiev To Columbus: A Perspective On Judicial Independence, Thomas J. Moyer

Indiana Law Journal

Conference of Chief Justices and Conference of State Court Administrators Annual Meeting July 29-August 2, 2006 Indianapolis, Indiana.

Building Support For Strong, Fair, And Impartial Courts, Michael A. Wolff

Indiana Law Journal

Conference of Chief Justices and Conference of State Court Administrators Annual Meeting July 29-August 2, 2006 Indianapolis, Indiana.

Judges' Pay: A Chasm Far Worse Than Realized, And Worsening, Roy A. Schotland

Indiana Law Journal

Conference of Chief Justices and Conference of State Court Administrators Annual Meeting July 29-August 2, 2006 Indianapolis, Indiana.

Compulsory Whiteness: Towards A Middle Eastern Legal Scholarship, John Tehranian

Indiana Law Journal

No abstract provided.

Delaware Strikes Back: Newcastle Partners And The Fight For State Corporate Autonomy, Michael W. Ott

Indiana Law Journal

No abstract provided.

Misplaced Angst: Another Look At Consent-Search Jurisprudence, Daniel R. Williams

Indiana Law Journal

No abstract provided.

Legislative Findings, Congressional Powers, And The Future Of The Voting Rights Act, Luis Fuentes-Rohwer

Indiana Law Journal

In enacting the Voting Rights Act of 1965, Congress sought to overcome decades of outright refusal to enforce the Fifteenth Amendment. The statute was considered "harsh " and "punitive" by critics, and the Supreme Court partially agreed, calling the legislation "stringent, " inventive, " and "uncommon. " Yet the Court ultimately sided with the national ruling coalition as represented by the administration and overwhelming congressional majorities. This Article examines the early internal debates over the constitutionality of the Act and concludes that the question of legislative findings played a key role. In particular, internal notes and memoranda from the Katzenbach …

Popular Dissatisfaction With The Administration Of Justice: A Retrospective (And A Look Ahead), Barry Friedman

Indiana Law Journal

Conference of Chief Justices and Conference of State Court Administrators Annual Meeting July 29-August 2, 2006 Indianapolis, Indiana.

Governing By Network: The Answer To Pound's Unanticipated Dissatisfaction, Stephen Goldsmith

Indiana Law Journal

Conference of Chief Justices and Conference of State Court Administrators Annual Meeting July 29-August 2, 2006 Indianapolis, Indiana.

Popular Dissatisfaction With Judicial Restraint-Do Americans Really Want An Independent Judiciary?, Michael S. Greco

Indiana Law Journal

Conference of Chief Justices and Conference of State Court Administrators Annual Meeting July 29-August 2, 2006 Indianapolis, Indiana.

A Look At Legal Education: The Globalization Of American Legal Education, James P. White

Indiana Law Journal

Conference of Chief Justices and Conference of State Court Administrators Annual Meeting July 29-August 2, 2006 Indianapolis, Indiana.

"Administration Of Justice Is Archaic"-The Rise Of Modern Court Administration: Assessing Roscoe Pound's Court Administration Prescriptions, Sue K. Dosal, Mary C. Mcqueen, Russell R. Wheeler

Indiana Law Journal

Note. This is a heavily edited and partially reorganized version of the CC/COSCA panel on "The Rise of Modem Court Administration. " In it, Sue Dosal and Mary McQueen assess three changes advocated by Pound in respect to the organization of courts, based on their experiences as state court administrators in Minnesota and Washington, and their familiarity with court administration in other states. Russell Wheeler introduced the session, posed the questions, and was primarily responsible for editing, annotating, and partially reorganizing the panel transcript, which Dosal and McQueen edited as well.

Conference of Chief Justices and Conference of State Court …