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Full-Text Articles in Law
Second Chances In Criminal And Immigration Law, Ingrid V. Eagly
Second Chances In Criminal And Immigration Law, Ingrid V. Eagly
Indiana Law Journal
This Essay publishes the remarks given by Professor Ingrid Eagly at the 2022 Fuchs Lecture at Indiana University Maurer School of Law. The Fuchs Lecture was established in honor of Ralph Follen Fuchs in 2001. Professor Fuchs, who served on the Indiana University law faculty from 1946 until his retirement in 1970, was awarded the title of university professor in recognition of his scholarship, teaching, and public service. In her Fuchs lecture, Professor Eagly explores the growing bipartisan consensus behind “second chance” reforms in the state and federal criminal legal systems. These incremental reforms acknowledge racial bias, correct for past …
The Law And Politics Of Ransomware, Asaf Lubin
The Law And Politics Of Ransomware, Asaf Lubin
Articles by Maurer Faculty
What do Lady Gaga, the Royal Zoological Society of Scotland, the city of Valdez in Alaska, and the court system of the Brazilian state of Rio Grande do Sul all have in common? They have all been victims of ransomware attacks, which are growing both in number and severity. In 2016, hackers perpetrated roughly four thousand ransomware attacks a day worldwide, a figure which was already alarming. By 2020, however, ransomware attacks reached a staggering number, between 20,000 and 30,000 per day in the United States alone. That is a ransomware attack every eleven seconds, each of which cost victims …
The Pathological Whiteness Of Prosecution, India Thusi
The Pathological Whiteness Of Prosecution, India Thusi
Articles by Maurer Faculty
Criminal law scholarship suffers from a Whiteness problem. While scholars appear to be increasingly concerned with the racial disparities within the criminal legal system, the scholarship’s focus tends to be on the marginalized communities and the various discriminatory outcomes they experience as a result of the system. Scholars frequently mention racial bias in the criminal legal system and mass incarceration, the lexical descendent of overcriminalization. However, the scholarship often fails to consider the roles Whiteness and White supremacy play as the underlying logics and norms driving much of the bias in the system.
This Article examines the ways that Whiteness …
Authority And The Globalisation Of Inclusion And Exclusion: Author Meets Readers, Hand Lindahl, Christine Bell Prof, Friedrich Kratochwil, Hans-W. Micklitz, Carlos Thiebaut, Bert Van Roermund
Authority And The Globalisation Of Inclusion And Exclusion: Author Meets Readers, Hand Lindahl, Christine Bell Prof, Friedrich Kratochwil, Hans-W. Micklitz, Carlos Thiebaut, Bert Van Roermund
Indiana Journal of Global Legal Studies
Authority is written against the background of intense resistance to globalization processes by a range of political movements and grassroots organizations. These processes are complex and have a variety of dimensions. One of these is the emergence of global legal orders, which I define, in a rough and ready manner, as relatively autonomous legal orders that claim or aspire to claim global validity for themselves. They too-most obviously the World Trade Organization (WTO)-are the butt of resistance. Whatever its forms and aspirations, resistance to globalization is fueled by their peculiar dynamic. Indeed, emergent global legal orders spawn massive exclusion when …
First Amendment “Harms”, Stephanie H. Barclay
First Amendment “Harms”, Stephanie H. Barclay
Indiana Law Journal
What role should harm to third parties play in the government’s ability to protect religious rights? The intuitively appealing “harm” principle has animated new theories advanced by scholars who argue that religious exemptions are indefensible whenever they result in cognizable harm to third parties. This third-party harm theory is gaining traction in some circles, particularly in light of the Supreme Court’s pending cases in Little Sisters of the Poor and Fulton v. City of Philadelphia. While focusing on harm appears at first to provide an appealing, simple, and neutral principle for avoiding other difficult moral questions, the definition of harm …
The Movement Of U.S. Criminal And Administrative Law: Processes Of Transplanting And Translating, Toby S. Goldbach, Benjamin Brake, Peter Katzenstein
The Movement Of U.S. Criminal And Administrative Law: Processes Of Transplanting And Translating, Toby S. Goldbach, Benjamin Brake, Peter Katzenstein
Indiana Journal of Global Legal Studies
This article examines the transplanting and translating of law in the domains of criminal procedure and administrative law. The transnational movement of law is full of unexpected twists and turns that belie the notion of the United States as a legal behemoth. Furthermore, the movement of legal procedures which occurs both within and across countries with common and civil law legal traditions challenges preconceived notions of an orderly divide between legal families. While the spread of elements of the U.S. jury system and methods of plea bargaining reveals the powerful influence of U.S. legal ideas, the ways that these procedures …
Revenge On Utilitarianism: Renouncing A Comprehensive Economic Theory Of Crime And Punishment, William L. Barnes Jr.
Revenge On Utilitarianism: Renouncing A Comprehensive Economic Theory Of Crime And Punishment, William L. Barnes Jr.
Indiana Law Journal
No abstract provided.
The Meaning Of Deserved Punishment: An Essay On Choice, Character, And Responsibility, Samuel H. Pillsbury
The Meaning Of Deserved Punishment: An Essay On Choice, Character, And Responsibility, Samuel H. Pillsbury
Indiana Law Journal
No abstract provided.
Police Discretion: A Comparative Perspective, Gregory H. Williams
Police Discretion: A Comparative Perspective, Gregory H. Williams
Indiana Law Journal
No abstract provided.
The Limits Of The Criminal Sanction, By Herbert L. Packer, Roger B. Dworkin
The Limits Of The Criminal Sanction, By Herbert L. Packer, Roger B. Dworkin
Indiana Law Journal
No abstract provided.
Psychiatry And The Dilemmas Of Crime, By Seymour L. Halleck, Andrew S. Watson
Psychiatry And The Dilemmas Of Crime, By Seymour L. Halleck, Andrew S. Watson
Indiana Law Journal
No abstract provided.
Criminal Psychology, Edited By Richard W. Nice, Winfred Overholser
Criminal Psychology, Edited By Richard W. Nice, Winfred Overholser
Indiana Law Journal
No abstract provided.
The Use Of Criminal Law As A Standard Of Civil Responsibility In Indiana, Cleon H. Foust
The Use Of Criminal Law As A Standard Of Civil Responsibility In Indiana, Cleon H. Foust
Indiana Law Journal
No abstract provided.
Criminal Theory: An Appraisal Of Jerome Hall's Studies In Jurisprudence And Criminal Theory, Gerhard O.W. Mueller
Criminal Theory: An Appraisal Of Jerome Hall's Studies In Jurisprudence And Criminal Theory, Gerhard O.W. Mueller
Indiana Law Journal
No abstract provided.
Ignorance And Mistake In Criminal Law, Jerome Hall
Ignorance And Mistake In Criminal Law, Jerome Hall
Indiana Law Journal
No abstract provided.
Nonfeasance: A Threat To The Prosecutors' Discretion
Nonfeasance: A Threat To The Prosecutors' Discretion
Indiana Law Journal
No abstract provided.
Criminal Law: Statutory Regulation Of Alibi Defense Through Notice Requirements
Criminal Law: Statutory Regulation Of Alibi Defense Through Notice Requirements
Indiana Law Journal
No abstract provided.
Criminal Law And Procedure, Jerome Hall
The Problem Of Similar Offenses
Presence Of Accused During Rereading Of Instructions
Presence Of Accused During Rereading Of Instructions
Indiana Law Journal
Notes and Comments: Criminal Law
Criminal Law: Effect Of An Impossible Future Date In An Indictment
Criminal Law: Effect Of An Impossible Future Date In An Indictment
Indiana Law Journal
No abstract provided.
Criminal Law-Effect Of Breach Of Duty By Ministerial Officer-Sentences Of State And Federal Courts
Criminal Law-Effect Of Breach Of Duty By Ministerial Officer-Sentences Of State And Federal Courts
Indiana Law Journal
No abstract provided.
Criminal Law-Due Process--Privilege Against Self-Incrimination
Criminal Law-Due Process--Privilege Against Self-Incrimination
Indiana Law Journal
No abstract provided.
Criminal Law-Embezzlement-Intent To Defraud
Insanity As A Defense In Criminal Law, By Henry Weihofen, Lenn J. Oare
Insanity As A Defense In Criminal Law, By Henry Weihofen, Lenn J. Oare
Indiana Law Journal
No abstract provided.
Indiana Criminal And Penal Legislation Respecting Women (Concluded), Daniel James
Indiana Criminal And Penal Legislation Respecting Women (Concluded), Daniel James
Indiana Law Journal
No abstract provided.
Intoxicating Liquors-Constitutional Law-Criminal Law-Double Jeopardy
Intoxicating Liquors-Constitutional Law-Criminal Law-Double Jeopardy
Indiana Law Journal
No abstract provided.
Criminal Law-Conviction Of Lesser Crime Under Indictment For A Greater
Criminal Law-Conviction Of Lesser Crime Under Indictment For A Greater
Indiana Law Journal
No abstract provided.