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Articles 1 - 30 of 67
Full-Text Articles in Law
The Oslo Accords: A Modern-Day Story Of Occupation Told Through Violations Of The Right To Freedom Of Privacy, Catherine Demetrovich
The Oslo Accords: A Modern-Day Story Of Occupation Told Through Violations Of The Right To Freedom Of Privacy, Catherine Demetrovich
Indiana Law Journal
The Israeli-Palestinian conflict began in the early 1900s when the disputed land, what is now the West Bank and the Gaza Strip, fell under British rule. After the Six- Day War in 1967, Israel took control of the West Bank, Golan Heights, and the Gaza Strip. Since then, tensions between Israel and Palestine have continued to grow. This Note explores a modern-day occupation question: Israel’s control over Palestine’s information and communication technology (ICT) sector. Along with privacy and human rights violations, Israel’s control is in direct violation of the Oslo Accords— guaranteeing Palestinians limited self-governance in Gaza and the West …
A Case For Reforming The Anti-Money Laundering Regulatory Regime: How Financial Institutions’ Criminal Reporting Duties Have Created An Unfunded Private Police Force, Christopher Wilkes
A Case For Reforming The Anti-Money Laundering Regulatory Regime: How Financial Institutions’ Criminal Reporting Duties Have Created An Unfunded Private Police Force, Christopher Wilkes
Indiana Law Journal
Part I of this Note provides background information outlining the relevant BSA/AML laws that establish financial institutions’ affirmative duties to report financial crimes. Part II analyzes the contours of other laws that create mandatory criminal reporting obligations, including their extent, their underlying justifications, and how stringently government agencies enforce them. Part III demonstrates how financial institutions’ reporting duties are uniquely stringent and punitive compared to those imposed elsewhere in the law, and it questions the justifications of this policy. Lastly, Part IV of this Note argues that the BSA/AML regulatory regime could be reformed to reduce the costs and duties …
Opioid Policing, Barbara Fedders
Opioid Policing, Barbara Fedders
Indiana Law Journal
This Article identifies and explores a new, local law enforcement approach to alleged drug offenders. Initially limited to a few police departments, but now expanding rapidly across the country, this innovation takes one of two primary forms. The first is a diversion program through which officers refer alleged offenders to community-based social services rather than initiate criminal proceedings. The second form offers legal amnesty as well as priority access to drug detoxification programs to users who voluntarily relinquish illicit drugs. Because the upsurge in addiction to —and death from—opioids has spurred this innovation, I refer to it as “opioid policing.” …
A Legal Fempire?: Women In Complex Civil Litigation, Brooke D. Coleman
A Legal Fempire?: Women In Complex Civil Litigation, Brooke D. Coleman
Indiana Law Journal
Justice Ruth Bader Ginsburg made headlines when she said that she would be satisfied with the number of women on the Supreme Court “when there are nine.” But why should that answer have been so remarkable? After all, there were nine men on the Court for nearly all of its history. Yet, Justice Ginsburg’s statement was met with amusement—or from some quarters—disdain. What answer would have been considered more appropriate coming from a groundbreaking feminist litigator? Would four have been an acceptable answer? Would five have been presumptuous? This episode reflects our cramped view of how much representation women can …
Self-Help, Reimagined, J. David Griener, Dalie Jimenez, Lois Lupica
Self-Help, Reimagined, J. David Griener, Dalie Jimenez, Lois Lupica
Indiana Law Journal
We will never have enough lawyers to serve the civil legal needs of all low- and moderate-income (LMI) individuals who must navigate civil legal problems. A significant part of the access-to-justice toolkit must include self-help materials. That much is not new; indeed, the legal aid community has been actively developing pro se guides and forms for decades. But the community has hamstrung its creations in two major ways: first, by focusing these materials almost exclusively on educating LMI individuals about formal law, and second, by considering the task complete once the materials have been made available to self-represented individuals. In …
Commonality And The Constitution: A Framework For Federal And State Court Class Actions, Joseph A. Seiner
Commonality And The Constitution: A Framework For Federal And State Court Class Actions, Joseph A. Seiner
Indiana Law Journal
In Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011), the Supreme Court concluded that the allegations of pay discrimination in a case brought by over one million female employees lacked sufficient commonality to warrant class certification under Federal Rule of Civil Procedure 23(a). Though the case was expressly decided under the Federal Rules, some well-known employer groups have begun to advance the argument that Wal-Mart was decided on constitutional grounds. These advocates maintain that the Supreme Court’s decision creates a commonality standard for all class-action plaintiffs—regardless of whether those litigants bring their claims in federal or state court. …
Can Judges Make Reliable Numeric Judgments? Distorted Damages And Skewed Sentences, Jeffrey J. Rachlinski, Andrew J. Wistrich, Chris Guthrie
Can Judges Make Reliable Numeric Judgments? Distorted Damages And Skewed Sentences, Jeffrey J. Rachlinski, Andrew J. Wistrich, Chris Guthrie
Indiana Law Journal
In a series of studies involving over six hundred trial judges in three countries, we demonstrate that trial judges’ civil damage awards and criminal sentences are subject to influences that make them erratic. We found that the presence of misleading numeric reference points (or “anchors”) affected judges’ decisions in a series of hypothetical cases. Specifically, judges imposed shorter sentences when assigning sentences in months rather than in years; awarded higher amounts of compensatory damages when informed of a cap on damage awards; imposed different sentences depending upon the sequence in which criminal cases were presented to them; and were influenced …
Duty To Defend And The Rule Of Law, Gregory F. Zoeller
Duty To Defend And The Rule Of Law, Gregory F. Zoeller
Indiana Law Journal
This Article challenges Eric Holder’s and William Pryor’s views and explains the proper role of a state attorney general when a party challenges a state statute. In short, an attorney general owes the state and its citizens, as sovereign, a duty to defend its statutes against constitutional attack except when controlling precedent so overwhelmingly shows that the statute is unconstitutional that no good-faith argument can be made in its defense. To exercise discretion more broadly, and selectively to pick and choose which statutes to defend, only erodes the rule of law. (introduction)
Solving The Puzzle Of Transnational Class Actions, Kevin M. Clermont
Solving The Puzzle Of Transnational Class Actions, Kevin M. Clermont
Indiana Law Journal
How should a U.S. class action treat proposed foreign class members in a circumstance where any resulting judgment will likely not bind those absentees abroad? The Author responds to Zachary Clopton’s analysis of this puzzle, and introduces a counterproposal.
Civil Recourse Defended: A Reply To Posner, Calabresi, Rustard, Chamallas, And Robinette, John C. Goldberg, Benjamin Zipursky
Civil Recourse Defended: A Reply To Posner, Calabresi, Rustard, Chamallas, And Robinette, John C. Goldberg, Benjamin Zipursky
Indiana Law Journal
American Association of Law Schools Torts & Compensation Systems Panel
Civil Recourse Theory's Reductionism, Guido Calabresi
Civil Recourse Theory's Reductionism, Guido Calabresi
Indiana Law Journal
American Association of Law Schools Torts & Compensation Systems Panel
Two Roads Diverge For Civil Recourse Theory, Christopher J. Robinette
Two Roads Diverge For Civil Recourse Theory, Christopher J. Robinette
Indiana Law Journal
American Association of Law Schools Torts & Compensation Systems Panel
Beneath The Surface Of Civil Recourse Theory, Martha Chamallas
Beneath The Surface Of Civil Recourse Theory, Martha Chamallas
Indiana Law Journal
American Association of Law Schools Torts & Compensation Systems Panel
The Costs Of Heightened Pleading, Alexander A. Reinert
The Costs Of Heightened Pleading, Alexander A. Reinert
Indiana Law Journal
In Conley v. Gibson, the Supreme Court announced its commitment to a liberal pleading regime in federal civil cases, and for decades thereafter was steadfast in resisting ad hoc heightened pleading rules adopted by lower courts. Thus, from 1957 until a few years ago, most litigants could count on surviving a motion to dismiss a complaint for failure to state a claim so long as their pleading provided some minimal notice to the defendant of the nature of their claim. Enter Ashcroft v. Iqbal and Bell Atlantic Corp. v. Twombly. Iqbal and Twombly, by many accounts, two-stepped the Court from …
Civil Judicial Subsidy, Brendan S. Maher
Presidential Leadership And Civil Rights Lawyering In The Era Before Brown, Lynda G. Dodd
Presidential Leadership And Civil Rights Lawyering In The Era Before Brown, Lynda G. Dodd
Indiana Law Journal
No abstract provided.
When Is An Alternative Forum Available? Rethinking The Forum Non Conveniens Analysis, Joel H. Samuels
When Is An Alternative Forum Available? Rethinking The Forum Non Conveniens Analysis, Joel H. Samuels
Indiana Law Journal
No abstract provided.
Rehnquist's Vietnam: Constitutional Separatism And The Stealth Advance Of Martial Law, Diane H. Mazur
Rehnquist's Vietnam: Constitutional Separatism And The Stealth Advance Of Martial Law, Diane H. Mazur
Indiana Law Journal
No abstract provided.
Choice, Dependence, And The Reinvigoration Of The Traditional Family, Kathyn Abrams
Choice, Dependence, And The Reinvigoration Of The Traditional Family, Kathyn Abrams
Indiana Law Journal
Symposium: Law and the New American Family Held at Indiana University Law School Apr. 4, 2011
Toward Contractual Choice In Marriage, J. Mark Ramseyer
Toward Contractual Choice In Marriage, J. Mark Ramseyer
Indiana Law Journal
Symposium: Law and the New American Family Held at Indiana University Law School - Bloomington Apr. 4, 1997
Opportunities For And Limitations Of Private Ordering In Family Law (Symposium Roundtable), Jeffrey E. Stake, Michael Grossberg, Martha Fineman, Akhil Reed Amar, Regina Austin, Thomas S. Ulen
Opportunities For And Limitations Of Private Ordering In Family Law (Symposium Roundtable), Jeffrey E. Stake, Michael Grossberg, Martha Fineman, Akhil Reed Amar, Regina Austin, Thomas S. Ulen
Indiana Law Journal
Symposium: Law and the New American Family Held at Indiana University School of Law - Bloomington Apr. 4, 1997
The New Marriage Contract And The Limits Of Private Ordering, Gregory S. Alexander
The New Marriage Contract And The Limits Of Private Ordering, Gregory S. Alexander
Indiana Law Journal
Symposium: Law and the New American Family Held at Indiana University School of Law - Bloomington Apr. 4, 1997
Joint Custody: Bonding And Monitoring Theories, Margaret F. Brinig, F. H. Buckley
Joint Custody: Bonding And Monitoring Theories, Margaret F. Brinig, F. H. Buckley
Indiana Law Journal
Symposium: Law and the New American Family Held at Indiana University School of Law - Bloomington Apr. 4, 1997
Joint Custody And Strategic Behavior, Saul Levmore
Joint Custody And Strategic Behavior, Saul Levmore
Indiana Law Journal
Symposium: Law and the New American Family Held at Indiana University School of Law - Bloomington Apr. 4, 1997
Bonding After Divorce: Comments On Joint Custody: Bonding And Monitoring Theories, Ann Laquer Estin
Bonding After Divorce: Comments On Joint Custody: Bonding And Monitoring Theories, Ann Laquer Estin
Indiana Law Journal
Symposium: Law and the New American Family Held at Indiana University School of Law - Bloomington Apr. 4, 1997
Lifting The Veil Of Ignorance: Personalizing The Marriage Contract, Eric Rasmusen, Jeffrey E. Stake
Lifting The Veil Of Ignorance: Personalizing The Marriage Contract, Eric Rasmusen, Jeffrey E. Stake
Indiana Law Journal
Symposium: Law and the New American Family Held at Indiana University School of Law - Bloomington Apr. 4, 1997
A Feminist Reassessment Of Civil Society, Susan H. Williams
A Feminist Reassessment Of Civil Society, Susan H. Williams
Indiana Law Journal
Symposium: Law and Civil Society
An Essay On The Vicissitudes Of Civil Society With Special Reference To Scotland In The Eighteenth Century, Marvin B. Becker
An Essay On The Vicissitudes Of Civil Society With Special Reference To Scotland In The Eighteenth Century, Marvin B. Becker
Indiana Law Journal
Symposium: Law and Civil Society
Redefining Women's Agency: A Response To Professor Williams, Kathryn Abrams
Redefining Women's Agency: A Response To Professor Williams, Kathryn Abrams
Indiana Law Journal
Symposium: Law and Civil Society
Civil Society, Metaphysics, And Tolerance, David C. Williams
Civil Society, Metaphysics, And Tolerance, David C. Williams
Indiana Law Journal
Symposium: Law and Civil Society