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Indiana Law Journal

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Davey's Deviant Discretion: An Incorporated Establishment Clause Should Require The State To Maintain Funding Neutrality, Nina S. Schultz Apr 2006

Davey's Deviant Discretion: An Incorporated Establishment Clause Should Require The State To Maintain Funding Neutrality, Nina S. Schultz

Indiana Law Journal

No abstract provided.


Secured Creditors Holding Lien Creditors Hostage: Have A Little Faith In Revised Article 9, Timothy G. Hayes Apr 2006

Secured Creditors Holding Lien Creditors Hostage: Have A Little Faith In Revised Article 9, Timothy G. Hayes

Indiana Law Journal

No abstract provided.


Dead Poets And Academic Progenitors: The Next Generation Of Law School Rankings (Symposium Introduction), Paul L. Caron, Rafael Gely Jan 2006

Dead Poets And Academic Progenitors: The Next Generation Of Law School Rankings (Symposium Introduction), Paul L. Caron, Rafael Gely

Indiana Law Journal

Symposium: The Next Generation of Law School Rankings held April 15, 2005 at Indiana University School of Law-Bloomington.


Harnessing The Positive Power Of Rankings: A Response To Posner And Sunstein, Russell Korobkin Jan 2006

Harnessing The Positive Power Of Rankings: A Response To Posner And Sunstein, Russell Korobkin

Indiana Law Journal

Symposium: The Next Generation of Law School Rankings held April 15, 2005 at Indiana University School of Law-Bloomington.


Scholarly Profit Margins: Reflections On The Web, Lawrence A. Cunningham Jan 2006

Scholarly Profit Margins: Reflections On The Web, Lawrence A. Cunningham

Indiana Law Journal

Symposium: The Next Generation of Law School Rankings held April 15, 2005 at Indiana University School of Law-Bloomington.


Of Rankings And Regulation: Are The U.S. News & World Report Rankings Really A Subversive Force In Legal Education?, Rachel F. Morán Jan 2006

Of Rankings And Regulation: Are The U.S. News & World Report Rankings Really A Subversive Force In Legal Education?, Rachel F. Morán

Indiana Law Journal

Symposium: The Next Generation of Law School Rankings held April 15, 2005 at Indiana University School of Law-Bloomington.


All Mixed Up: Bridgeport Music V. Dimension Films And De Minimis Digital Sampling, Jennifer R. R. Mueller Jan 2006

All Mixed Up: Bridgeport Music V. Dimension Films And De Minimis Digital Sampling, Jennifer R. R. Mueller

Indiana Law Journal

No abstract provided.


Introduction: The Hundred-Year Run Of Roscoe Pound, Randall T. Shepard Jan 2006

Introduction: The Hundred-Year Run Of Roscoe Pound, Randall T. Shepard

Indiana Law Journal

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


Law School Rankings, Richard A. Posner Jan 2006

Law School Rankings, Richard A. Posner

Indiana Law Journal

Rank ordering is a crude but economical method of conveying information that assists "consumers" (such as prospective law students) to make choices; hence the popularity of the law school rankings by U.S. News & World Report ("U.S. News'). However, U.S. News's rankings are vitiated by the arbitrary weights attached to the different factors on which the rankings are based. This paper explores a variety of alternatives, beginning with the mean LSAT score of the student body, and emphasizes that the design of a ranking system is relevant to the interest of the people whom the rankings are intended to guide. …


An Empirical Study Of Empirical Legal Scholarship: The Top Law Schools, Tracey E. George Jan 2006

An Empirical Study Of Empirical Legal Scholarship: The Top Law Schools, Tracey E. George

Indiana Law Journal

Symposium: The Next Generation of Law School Rankings held April 15, 2005 at Indiana University School of Law-Bloomington.


Ranking Law Schools: Using Ssrn To Measure Scholarly Performance, Bernard S. Black, Paul L. Caron Jan 2006

Ranking Law Schools: Using Ssrn To Measure Scholarly Performance, Bernard S. Black, Paul L. Caron

Indiana Law Journal

There are several methods for ranking the scholarly performance of law faculties, including reputation surveys (U.S. News, Leiter); publication counts (Lindgren and Seltzer, Leiter); and citation counts (Eisenberg and Wells, Leiter). Each offers a useful but partial picture offaculty performance. We explore here whether the new "beta" SSRN-based measures (number of downloads and number ofposted papers) can offer a different, also useful, albeit also partial, picture. Our modest claim is that SSRNbased measures can address some of the deficiencies in these other measures and thus play a valuable role in the rankings tapestry. For example, SSRN offers real-time data covering …


Assessing What Matters In Law School: The Law School Survey Of Student Engagement, Patrick T. O'Day, George D. Kuh Jan 2006

Assessing What Matters In Law School: The Law School Survey Of Student Engagement, Patrick T. O'Day, George D. Kuh

Indiana Law Journal

Symposium: The Next Generation of Law School Rankings held April 15, 2005 at Indiana University School of Law-Bloomington.


Segmented Rankings For Segmented Markets, Rafael Gely Jan 2006

Segmented Rankings For Segmented Markets, Rafael Gely

Indiana Law Journal

Symposium: The Next Generation of Law School Rankings held April 15, 2005 at Indiana University School of Law-Bloomington.


How The Xechem Decision May Insulate State Universities From Correction Of Inventorship Suits, Stacey Drews Jan 2006

How The Xechem Decision May Insulate State Universities From Correction Of Inventorship Suits, Stacey Drews

Indiana Law Journal

No abstract provided.


The Destruction Of The Holistic Approach To Admissions: The Pernicious Effects Of Ranking, Alex M. Johnson Jr. Jan 2006

The Destruction Of The Holistic Approach To Admissions: The Pernicious Effects Of Ranking, Alex M. Johnson Jr.

Indiana Law Journal

Symposium: The Next Generation of Law School Rankings held April 15, 2005 at Indiana University School of Law-Bloomington.


The Community Income Theory Of The Charitable Contributions Deduction, Johnny Rex Buckles Oct 2005

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 Priest-Penitent Privilege: An Hibernocentric Essay In Postcolonial Jurisprudence, Walter J. Walsh Oct 2005

The Priest-Penitent Privilege: An Hibernocentric Essay In Postcolonial Jurisprudence, Walter J. Walsh

Indiana Law Journal

No abstract provided.


When Mohammed Goes To The Mountain: The Evidentiary Value Of A View, Layne S. Keele Oct 2005

When Mohammed Goes To The Mountain: The Evidentiary Value Of A View, Layne S. Keele

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 Oct 2005

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.


Reconsidering Severe Or Pervasive: Aligning The Standard In Sexual Harassment And Racial Harassment Causes Of Action, Heather L. Kleinschmidt Oct 2005

Reconsidering Severe Or Pervasive: Aligning The Standard In Sexual Harassment And Racial Harassment Causes Of Action, Heather L. Kleinschmidt

Indiana Law Journal

No abstract provided.


The Invisible Pillar Of Gideon, Adam M. Gershowitz Jul 2005

The Invisible Pillar Of Gideon, Adam M. Gershowitz

Indiana Law Journal

In 1996, the State of South Carolina charged Larry McVay with common-law robbery. McVay, who was employed part-time and took home less than $160 per week after taxes, claimed that after paying his basic living expenses he had no money left with which to hire an attorney. A South Carolina court disagreed and denied McVay's requestfor appointed counsel. ' Seven years later, Scott Peterson was arrested for the murder of his wife and unborn child in California. Although Peterson owned a home, drove an expensive SUV, and was carrying $10,000 in cash when he was captured, he claimed to be …


Not "Voluntary" But Still Reasonable: A New Paradigm For Understanding The Consent Searches Doctrine, Ric Simmons Jul 2005

Not "Voluntary" But Still Reasonable: A New Paradigm For Understanding The Consent Searches Doctrine, Ric Simmons

Indiana Law Journal

No abstract provided.


The Midwifery Stalemate And Childbirth Choice: Recognizing Mothers-To-Be As The Best Late Pregnancy Decisionmakers, Amy F. Cohen Jul 2005

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.


Pleadings In The Age Of Settlement, Michael Moffitt Jul 2005

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 Jul 2005

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 …


In Defense Of Maroni: Why Parents Should Be Allowed To Proceed Pro Se In Idea Cases, M. Brendhan Flynn Jul 2005

In Defense Of Maroni: Why Parents Should Be Allowed To Proceed Pro Se In Idea Cases, M. Brendhan Flynn

Indiana Law Journal

No abstract provided.


Determining When Two Offenses Are The Same Under Indiana's Criminal Rule 4, Howard W. Anderson Iii Jul 2005

Determining When Two Offenses Are The Same Under Indiana's Criminal Rule 4, Howard W. Anderson Iii

Indiana Law Journal

No abstract provided.


Being Reasonable Under The Fair Housing Amendments Act: Allowing Changes In Rent-Admission Policies To Accommodate The Disabled Renter's Economic Status, Abram B. Gregory Jul 2005

Being Reasonable Under The Fair Housing Amendments Act: Allowing Changes In Rent-Admission Policies To Accommodate The Disabled Renter's Economic Status, Abram B. Gregory

Indiana Law Journal

No abstract provided.


Law And The Emotions: The Problems Of Affective Forecasting, Jeremy A. Blumenthal Apr 2005

Law And The Emotions: The Problems Of Affective Forecasting, Jeremy A. Blumenthal

Indiana Law Journal

Legal scholarship on "behavioralism" and the implications of cognitive biases for the law is flourishing. In parallel with the rise of such commentary, legal scholars have begun to discuss the role of the emotions in legal discourse. This discussion often addresses the "appropriateness" of various emotions for the substantive law, or attempts to model the place of the emotions in the law. Implicit in some of these theories, however, and explicit in others, is the assumption that emotions are "predictable," "manageable, "and (for some commentators) under conscious control. This assumption is belied by psychological research on affective forecasting that demonstrates …


The Price We Are Willing To Pay For Punitive Justice In The Juvenile Detention System: Mentally Ill Delinquents And Their Disproportionate Share Of The Burden, Jessica Ann Garascia Apr 2005

The Price We Are Willing To Pay For Punitive Justice In The Juvenile Detention System: Mentally Ill Delinquents And Their Disproportionate Share Of The Burden, Jessica Ann Garascia

Indiana Law Journal

No abstract provided.