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Articles 1 - 30 of 135
Full-Text Articles in Law
Helping Students To Organize Their Thoughts About The Erie Doctrine, William Casto
Helping Students To Organize Their Thoughts About The Erie Doctrine, William Casto
Indiana Law Journal
This little Essay presents a framework for teaching the Erie Doctrine. It is not a grand analysis of the federal courts’ puzzle. It does not even offer a wondrously insightful vision of one of the puzzle’s colorful pieces. Rather, the purpose is quite modest. The essay simply aims to help students to organize their thoughts about whether a particular legal issue is governed by state or federal law. Given the Essay’s limited and wholly heuristic purpose, the usual endless parade of all possible cases and the careful rehearsal of exquisite and finely-tuned factors and considerations are eschewed.
Learning From Law Students: How Phds Might Seek Legal Remedy In The Face Of Widespread Unemployment, Emily Grothoff
Learning From Law Students: How Phds Might Seek Legal Remedy In The Face Of Widespread Unemployment, Emily Grothoff
Indiana Law Journal
This Note examines overproduction and underemployment problems facing the academic market and PhD graduates9 from a legal perspective. Part I will briefly review key legal takeaways from several distinctive cases that law school graduates brought against their almae matres regarding poor employability. Part II then describes the particularities of the “PhD problem” and how it compares and contrasts with the problem that J.D. holders recently faced. Finally, Part III will examine what legal remedies disenfranchised PhDs might pursue and whether such remedies could—and should—be sought in the courts.
International Law In National Schools, Ryan M. Scoville
International Law In National Schools, Ryan M. Scoville
Indiana Law Journal
Why is international law ineffective at times in achieving its aims, such as preventing human rights abuses, forestalling armed conflict, and ensuring global cooperation on matters ranging from the environment to nuclear proliferation? This Article offers original empirical research to suggest that an important and underappreciated part of the answer lies in legal education. Conducting a global survey on the study of international law at thousands of law schools in over 190 countries, the Article reveals significant cross-national disparities in the pervasiveness of international legal training, and draws on other research to highlight similar variations in instructional quality, topical emphases, …
Ranking Law Schools With Lsats, Employment Outcomes, And Law Review Citations, Alfred L. Brophy
Ranking Law Schools With Lsats, Employment Outcomes, And Law Review Citations, Alfred L. Brophy
Indiana Law Journal
This Article offers an alternative to the much-discussed U.S. News & World Report rankings. Where U.S. News rankings are affected by a wide variety of factors —some of which are criticized as irrelevant to what prospective students care about or should care about—this Article looks to three variables: the median LSAT score of entering students, which seeks to capture the quality of the student body; the percentage of the graduating students who are employed at nine months following graduation at full-time, permanent, JD-required jobs (a separate analysis excludes school-funded positions and solo practitioners from this variable); and the number of …
Harry Pratter’S Wisdom, Jonathan Pratter
Harry Pratter’S Wisdom, Jonathan Pratter
Indiana Law Journal
From 1950 to 1994 Harry Pratter taught law at Indiana University- Bloomington. One of his favorite sayings (he had many of these) was Maitland’s “[T]aught law is tough law,” a phrase that a forty-four year teaching career entitles you to utter with some frequency. In response to Sartre’s notorious challenge, “Do you have anything to say?” Pratter could certainly answer yes. He took Sartre literally. Pratter preferred to speak—that is to teach, and not to write. The source of Pratter’s strong preference for speech over writing must remain a mystery. The consequence is that a good deal of what he …
Admit That The Waters Around You Have Grown: Change And Legal Education, Mari J. Matsuda
Admit That The Waters Around You Have Grown: Change And Legal Education, Mari J. Matsuda
Indiana Law Journal
Presented as the Addison C. Harris Lecture at Indiana University Maurer School of Law, Bloomington, Indiana, September 25, 2013.
Enduring Hierarchies In American Legal Education, Olufunmilayo B. Arewa, Andrew P. Morriss, William D. Henderson
Enduring Hierarchies In American Legal Education, Olufunmilayo B. Arewa, Andrew P. Morriss, William D. Henderson
Indiana Law Journal
Although much attention has been paid to U.S. News & World Report’s rankings of U.S. law schools, the hierarchy it describes is a long-standing one rather than a recent innovation. In this Article, we show the presence of a consistent hierarchy of U.S. law schools from the 1930s to the present, provide a categorization of law schools for use in research on trends in legal education, and examine the impact of U.S. News’s introduction of a national, ordinal ranking on this established hierarchy. The Article examines the impact of such hierarchies for a range of decision making in law school …
Clark Kerr And Me: The Future Of The Public Law School, Rachel Morán
Clark Kerr And Me: The Future Of The Public Law School, Rachel Morán
Indiana Law Journal
Jerome Hall Lecture, delivered on March 21, 2012, Indiana University Maurer School of Law, Bloomington, Indiana
Redeeming A Lost Generation: "The Year Of Law School Litigation" And The Future Of The Law School Transparency Movement, Andrew S. Murphy
Redeeming A Lost Generation: "The Year Of Law School Litigation" And The Future Of The Law School Transparency Movement, Andrew S. Murphy
Indiana Law Journal
No abstract provided.
A Tribute To Patrick Baude, Randall T. Shepard, Lauren K. Robel, Daniel O. Conkle, Laura J. Cooper, Roger B. Dworkin, Jeffrey E. Stake
A Tribute To Patrick Baude, Randall T. Shepard, Lauren K. Robel, Daniel O. Conkle, Laura J. Cooper, Roger B. Dworkin, Jeffrey E. Stake
Indiana Law Journal
The Board of Editors dedicates Volume 86 of the Indiana Law Journal to the memory of Patrick Baude, who taught at the School of Law from August 1968 until his death in January 2011, and who served for many years as the faculty advisor for the Indiana Law Journal. As evidenced below, Professor Baude’s influence spread far beyond the bounds of his classroom walls, and his presence in the Law School’s community will be sorely missed.
Frames Of Injustice: The Bias We Overlook, Adam Benforado
Frames Of Injustice: The Bias We Overlook, Adam Benforado
Indiana Law Journal
The Cultural Cognition Project (CCP) at Yale Law School and the Project on Law and Mind Sciences (PLMS) at Harvard Law School draw on similar research and share a similar goal of uncovering the dynamics that shape risk perceptions, policy beliefs, and attributions underlying our laws and legal theories. Nonetheless, the projects have failed to engage one another in a substantial way. This Article attempts to bridge that gap by demonstrating how the approach taken by PLMS scholars can crucially enrich CCP scholarship. As a demonstration, this Article engages the case of Scott v. Harris, 550 US. 372 (2007), the …
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 …
An Assessment Of Latcrit Theory Ten Years After, Keith Aoki, Kevin R. Johnson
An Assessment Of Latcrit Theory Ten Years After, Keith Aoki, Kevin R. Johnson
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
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.
Measuring Outcomes: Post-Graduation Measures Of Success In The U.S. News & World Report Law School Rankings, Andrew P. Morris, William D. Henderson
Measuring Outcomes: Post-Graduation Measures Of Success In The U.S. News & World Report Law School Rankings, Andrew P. Morris, William D. Henderson
Indiana Law Journal
The U.S. News & World Report annual rankings play a key role in ordering the market for legal education, and, by extension, the market for entry level lawyers. This Article explores the impact and evolution of placement and post-graduation data, which are important input variables that comprise twenty percent of the total rankings methodology. In general, we observe clear evidence that law schools are seeking to maximize each placement and post-graduation input variable. During the 1997 to, 2006 time period, law schools in all four tiers posted large average gains in employment rates upon graduation and nine months, which appear …
The New Journal: A Supplement Not Undertaken Hitherto, Douglas A. Hass
The New Journal: A Supplement Not Undertaken Hitherto, Douglas A. Hass
Indiana Law Journal
No abstract provided.
"The Pride Of Indiana": An Empirical Study Of The Law School Experience And Careers Of Indiana University School Of Law-Bloomington Alumni, Kenneth G. Dau-Schmidt, Jeffrey E. Stake, Kaushik Mukhopadhaya, Timothy Haley
"The Pride Of Indiana": An Empirical Study Of The Law School Experience And Careers Of Indiana University School Of Law-Bloomington Alumni, Kenneth G. Dau-Schmidt, Jeffrey E. Stake, Kaushik Mukhopadhaya, Timothy Haley
Indiana Law Journal
No abstract provided.
Dr. Jerome Hall-A North Star In My Life, Lowell E. Baier
Dr. Jerome Hall-A North Star In My Life, Lowell E. Baier
Indiana Law Journal
No abstract provided.
The Rat Race As An Information-Forcing Device, Scott Baker, Stephen J. Choi, Mitu Gulati
The Rat Race As An Information-Forcing Device, Scott Baker, Stephen J. Choi, Mitu Gulati
Indiana Law Journal
In many job settings, there will be some promotion criteria that are less amenable to measurement than others. Often, what is difficult to measure is more important. For example, possessing "good judgment" under pressure may be a better predictor of success as a law firm partner than the ability to bill a vast amount of hours. The first puzzle that this essay explores is why, in some promotion settings, organizations appear to focus on less important, but measurable, criteria such as hours billed The answer lies in the relationship between the objectively measurable criteria, on the one hand, and the …
How To Rank Law Schools, Brian Leiter
How To Rank Law Schools, Brian Leiter
Indiana Law Journal
Symposium: The Next Generation of Law School Rankings held April 15, 2005 at Indiana University School of Law-Bloomington.
Status Seeking And The Allure And Limits Of Law School Rankings, Michael E. Solimine
Status Seeking And The Allure And Limits Of Law School Rankings, Michael E. Solimine
Indiana Law Journal
Symposium: The Next Generation of Law School Rankings held April 15, 2005 at Indiana University School of Law-Bloomington.
Assessing The Ssrn-Based Law School Rankings, Theodore Eisenberg
Assessing The Ssrn-Based Law School Rankings, Theodore Eisenberg
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
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.
Harnessing The Positive Power Of Rankings: A Response To Posner And Sunstein, Russell Korobkin
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.
Of Rankings And Regulation: Are The U.S. News & World Report Rankings Really A Subversive Force In Legal Education?, Rachel F. Morán
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.
How The Blogs Saved Law School: Why A Diversity Of Voices Will Undermine The U.S. News & World Report Rankings, Sam Kamin
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
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 …
An Empirical Study Of Empirical Legal Scholarship: The Top Law Schools, Tracey E. George
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.
The Interplay Between Law School Rankings, Reputations, And Resource Allocation: Ways Rankings Mislead, Jeffrey Evans Stake
The Interplay Between Law School Rankings, Reputations, And Resource Allocation: Ways Rankings Mislead, Jeffrey Evans Stake
Indiana Law Journal
Symposium: The Next Generation of Law School Rankings held April 15, 2005 at Indiana University School of Law-Bloomington.
The Destruction Of The Holistic Approach To Admissions: The Pernicious Effects Of Ranking, Alex M. Johnson Jr.
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.