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Full-Text Articles in Law

Vol. 64, No. 09 (March 20, 2023) Mar 2023

Vol. 64, No. 09 (March 20, 2023)

Indiana Law Annotated

No abstract provided.


Vol. 64, No. 09 Addition (March 20, 2023) Mar 2023

Vol. 64, No. 09 Addition (March 20, 2023)

Indiana Law Annotated

No abstract provided.


Dean's Desk: Recognizing Iu Maurer Alumnae Who Have Made A Difference, Christiana Ochoa Mar 2023

Dean's Desk: Recognizing Iu Maurer Alumnae Who Have Made A Difference, Christiana Ochoa

Christiana Ochoa (7/22-10/22 Acting; 11/2022-)

A couple weeks ago, I had the opportunity to welcome future law students as part of our annual Admitted Student Day. From their seats in the Kathleen and Ann DeLaney Moot Court Room, they look to the front of the room where they see the portraits of four trailblazing alumnae who have made indelible marks on the judiciary. Juanita Kidd Stout ’48, Sue Shields ’61, Linda Chezem ’71 and Loretta Rush ’83 all face out into the sea of newly admitted students who one day hope to forge paths of their own.As we celebrate Women’s History Month, I wanted to …


Vol. 64, No. 08 (March 6, 2023) Mar 2023

Vol. 64, No. 08 (March 6, 2023)

Indiana Law Annotated

No abstract provided.


John Osborn's Enduring Words On Law & Learning, Walter Effross Mar 2023

John Osborn's Enduring Words On Law & Learning, Walter Effross

Popular Media

When I started my first year at Harvard Law School, 17 years after Osborn did, I wasn’t looking for enlightenment. But I expected to be — and was — intimidated by Socratic taskmasters who, like the movie version of Osborn’s Professor Kingsfield (a role for which John Houseman won an Academy Award and a Golden Globe Award in 1973), were ready with “always another question, another question to follow your answer.”


Law Library Blog (March 2023): Legal Beagle's Blog Archive, Roger Williams University School Of Law Mar 2023

Law Library Blog (March 2023): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


Citation, Slavery, And The Law As Choice: Thoughts On Bluebook Rule 10.7.1(D), David J.S. Ziff Mar 2023

Citation, Slavery, And The Law As Choice: Thoughts On Bluebook Rule 10.7.1(D), David J.S. Ziff

Articles

Today, more than 150 years after the end of the Civil War, lawyers and judges continue to rely on antebellum decisions that tacitly or expressly approve of slavery. This reliance often occurs without any acknowledgement of the precedent’s immoral and legally dubious provenance. Modern use of these so-called “slave cases” was the subject of Professor Justin Simard’s 2020 article, Citing Slavery. In response to Professor Simard’s article, the latest edition of The Bluebook includes Rule 10.7.1(d), which requires authors to indicate parenthetically when a decision involves an enslaved person as a party or the property at issue. Unfortunately, Rule 10.7.1(d) …


Unbelievable: How Narrative Can Help Vulnerable Narrators Overcome Perceived Unreliability In The Legal System, Cathren Page Mar 2023

Unbelievable: How Narrative Can Help Vulnerable Narrators Overcome Perceived Unreliability In The Legal System, Cathren Page

Articles

This article examines how advocates can champion vulnerable narrators’ truths. First, advocates must prime the audience by educating the audience about the ways the vulnerability manifests; this process helps to allay credibility questions. Second, advocates must reframe seemingly untrustworthy behavior by showing how the behavior is consistent with someone in the vulnerable narrator’s situation. Third, advocates must create what fiction writers call verisimilitude—a sense of reality—by including concrete details that logically fit together in the legal narrative. Finally, advocates must label the tactics commonly used to discredit vulnerable narrators so that the audience can see those tactics for what they …


Law School News: A Voice For Justice 3-1-2023, Janine L. Weisman, Roger Williams University School O Law Mar 2023

Law School News: A Voice For Justice 3-1-2023, Janine L. Weisman, Roger Williams University School O Law

Life of the Law School (1993- )

No abstract provided.


Reconceiving Argument Schemes As Descriptive And Practically Normative, Brian N. Larson, David Seth Morrison Mar 2023

Reconceiving Argument Schemes As Descriptive And Practically Normative, Brian N. Larson, David Seth Morrison

Faculty Scholarship

We propose a revised definition of “argument scheme” that focuses on describing argumentative performances and normative assessments that occur within an argumentative context, the social context in which the scheme arises. Our premise-and-conclusion structure identifies the typical instantiation of an argument in the argumentative context, and our critical framework describes a set of normative assessments available to participants in the context, what we call practically normative assessments. We distinguish this practical normativity from the rationally or universally normative assessment that might be imposed from outside the argumentative context. Thus, the practical norms represented in an argument scheme may still be …


Centering Students’ Rhetorical Knowledge: The Community Of Inquiry As Formative Assessment, Brian N. Larson Mar 2023

Centering Students’ Rhetorical Knowledge: The Community Of Inquiry As Formative Assessment, Brian N. Larson

Faculty Scholarship

This essay describes an approach to peer review and classroom workshopping intended to develop a community of inquiry in the first-year law school classroom, center students’ own rhetorical knowledge, and establish the authority of students—especially minoritized students—as rhetorical agents. The technique described in this essay works from the presumption that each student who comes to law school comes with rich rhetorical experience. In other words, they have extensive experience constructing discourse suited to certain audiences and certain contexts. They use a variety of tools to construct such discourse, including linguistic registers (or styles) and rhetorical genres (such as the academic …


Vol. 64, No. 07 (February 27, 2023) Feb 2023

Vol. 64, No. 07 (February 27, 2023)

Indiana Law Annotated

No abstract provided.


Vol. 64, No. 06 (February 20, 2023) Feb 2023

Vol. 64, No. 06 (February 20, 2023)

Indiana Law Annotated

No abstract provided.


Michael Uslan To Address The Class Of 2023, James Owsley Boyd Feb 2023

Michael Uslan To Address The Class Of 2023, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

Film producer, teacher, and writer Michael Uslan ’76 will serve as the Indiana University Maurer School of Law’s graduation speaker this May, the school announced today (Feb. 16). Holder of three degrees from Indiana University, Uslan is credited with helping to make the Batman franchise one of the most successful film projects of all time. He has served as executive producer on each one of the films, ranging from 1989’s Batman to the conclusion of Christopher Nolan’s trilogy. He served as executive producer on the award-winning Joker in 2019 and his latest project, Joker: Folie à Deux, is currently in …


Law School News: Rwu Law Names Judge Brian Stern As Chair Of Board Of Directors, Jill Rodrigues Feb 2023

Law School News: Rwu Law Names Judge Brian Stern As Chair Of Board Of Directors, Jill Rodrigues

Life of the Law School (1993- )

No abstract provided.


Vol. 64, No. 05 (February 13, 2023) Feb 2023

Vol. 64, No. 05 (February 13, 2023)

Indiana Law Annotated

No abstract provided.


2023 Champions For Justice 1-27-2023, Roger Williams University School Of Law Feb 2023

2023 Champions For Justice 1-27-2023, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


Four Indiana Law Graduates To Be Inducted Into The Academy Of Law Alumni Fellows, James Owsley Boyd Feb 2023

Four Indiana Law Graduates To Be Inducted Into The Academy Of Law Alumni Fellows, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

The Indiana University Maurer School of Law will add four members to its prestigious Academy of Law Alumni Fellows this April. Terry Dworkin ’75, Fred Logan ’77, Holiday “Holly” McKiernan ’83, and Luis Felipe Sanchez ’76 will receive the highest honor the Law School can bestow on its alumni when they are inducted April 14 in a ceremony inside the Indiana Memorial Union.

“Terry, Holly, Fred, and Luis have all led remarkable careers and lives, and we’re honored to welcome them into the Academy of Law Alumni Fellows this spring,” said Indiana Law Dean Christiana Ochoa. “They have represented …


Vol. 64, No. 04 (February 6, 2023) Feb 2023

Vol. 64, No. 04 (February 6, 2023)

Indiana Law Annotated

No abstract provided.


February 2023 Newsletter Feb 2023

February 2023 Newsletter

Ergo

No abstract provided.


2023 Racial Justice Challenge: Housing Law, Roger Williams University School Of Law Feb 2023

2023 Racial Justice Challenge: Housing Law, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


Vol. 64, No. 03 (January 30, 2023) Jan 2023

Vol. 64, No. 03 (January 30, 2023)

Indiana Law Annotated

No abstract provided.


Vol. 64, No. 02 (January 23, 2023) Jan 2023

Vol. 64, No. 02 (January 23, 2023)

Indiana Law Annotated

No abstract provided.


Law School News: Roger Williams University School Of Law Withdraws From Us News Rankings 1-17-2023, Roger Williams University School Of Law Jan 2023

Law School News: Roger Williams University School Of Law Withdraws From Us News Rankings 1-17-2023, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Vol. 64, No. 01 (January 16, 2023) Jan 2023

Vol. 64, No. 01 (January 16, 2023)

Indiana Law Annotated

No abstract provided.


101 Lawyers: Attorney Appearances In Twitter V. Musk, Andrew K. Jennings Jan 2023

101 Lawyers: Attorney Appearances In Twitter V. Musk, Andrew K. Jennings

Faculty Articles

In summer 2022, Twitter sued Elon Musk, the world’s richest person, in Delaware’s Court of Chancery over his refusal to close his agreed-to $44 billion acquisition of the social-media company. Twitter v. Musk had the makings of corporate law’s trial of the century. Leading law firms represented Twitter, Musk, and third parties in a dispute with enormous financial, social, and political implications. In the lead up to trial, however, Musk relented and closed the deal. The corporate trial of the century was a bust, over almost as soon as it began.

But in the meantime, in Twitter’s eighty-six days …


Place-Based Versus Practice-Based Norms For American Lawyers: "It's The End Of The World As We Know It (And I Feel Fine)", James E. Moliterno Jan 2023

Place-Based Versus Practice-Based Norms For American Lawyers: "It's The End Of The World As We Know It (And I Feel Fine)", James E. Moliterno

Scholarly Articles

This Article acknowledges the growing trend toward practice-based lawyer norms, points out how it allows interaction between the existing place-based norms and the new practice-based norms, and compares this movement with the existing regulatory conditions outside the US. If there is movement from the world as we know it (place-based norms) to a world as it may come to be (practice-based norms), is the change tragic, inevitable, risky, in line with the rest of the global legal profession, or all of the above and more? Specifically, how would such an evolution affect the core duty of lawyer-client confidentiality?


Supreme Court Interruptions And Interventions: The Changing Role Of The Chief Justice, Tonja Jacobi, Matthew Sag Jan 2023

Supreme Court Interruptions And Interventions: The Changing Role Of The Chief Justice, Tonja Jacobi, Matthew Sag

Faculty Articles

Interruptions at Supreme Court oral argument have received much attention in recent years, particularly the disproportionate number of interruptions directed at the female Justices. The Supreme Court changed the structure of oral argument to try to address this problem. This Article assesses whether the frequency and gender disparity of interruptions of Justices improved in recent years, and whether the structural change in argument helped. It shows that interruptions decreased during the pandemic but then resurged to near-record highs, as has the gender disparity in Justice-to-Justice interruptions. However, although the rate of advocate interruptions of Justices also remains historically high, for …


Leveraging Professional Identity Formation In The Doctrinal Law School Class, Louis D. Bilionis Jan 2023

Leveraging Professional Identity Formation In The Doctrinal Law School Class, Louis D. Bilionis

Faculty Articles and Other Publications

American law schools are paying increased attention to the professional identity formation of their students. The trend should grow now that the American Bar Association’s Section of Legal Education and Admissions to the Bar has revised its accreditation standards to prescribe that “a law school shall provide substantial opportunities to students for … (3) the development of a professional identity.”

As law school faculty and staff proceed, professors who teach traditional doctrinal classes may doubt they can do much if anything differently in their courses to support professional identity formation. Questions about course coverage and their own competency to focus …


Changemakers: The Long Road To The Law : Kiron Ireland, Michelle Choate Jan 2023

Changemakers: The Long Road To The Law : Kiron Ireland, Michelle Choate

Life of the Law School (1993- )

No abstract provided.