Law Commons^™

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

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

Indiana Law Journal

No abstract provided.

Forced To Punt: How The Bowl Championship Series And The Intercollegiate Arms Race Negatively Impact The Policy Objectives Of Title Lx, Kevin J. Rapp

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

Indiana Law Journal

No abstract provided.

Stopping The "Savage Indian" Myth: Dealing With The Doctrine Of Laches In Lanham Act Claims Of Disparagement, Steven R. Latterell

Indiana Law Journal

No abstract provided.

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 Kindynamic Theory Of Tort, Christopher P. Guzelian

Indiana Law Journal

Commentators complain of two major deficiencies in modern tort law: (1) that liability concepts such as "negligence" or "duty " are so vacuously defined as to permit inadvertent subjectivity and error to hinder proper case adjudication, and (2) that tort is too slow in recognizing newly discovered risks and properly compensating nascent classes of injury. We accordingly report on the Kindynamic Theory, an emerging philosophy that overcomes these twin deficiencies and sharpens understanding of poorly articulated tort intuitions

Kindynamics contends that causation is the cornerstone of tort, and that all risks are, at core, causal propositions. Contrary to its many …

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

Indiana Law Journal

No abstract provided.

Fighting Terrorism, Lee Hamilton

Indiana Journal of Global Legal Studies

Speech Given at the Annual Banquet of the Indiana Journal of Global Legal Studies, April 7, 2005, in Bloomington, Indiana

Back To Government?: The Pluralistic Deficit In The Decisionmaking Process And Before The Courts, Fulvio Cortese, Marco Dani, Francesco Palermo

Indiana Journal of Global Legal Studies

Back to Government?: The Pluralistic Deficit in the Decisionmaking Processes and Before the Courts, Symposium. University of Trento, Italy, June 11-12, 2004.

Bioethics And Law: Between Values And Rules, Cinzia Piciocchi

Indiana Journal of Global Legal Studies

Back to Government?: The Pluralistic Deficit in the Decisionmaking Processes and Before the Courts, Symposium. University of Trento, Italy, June 11-12, 2004.

The Concept Of Statutory Law In Eu Perspective, Francesico Bilancia

Indiana Journal of Global Legal Studies

Back to Government?: The Pluralistic Deficit in the Decisionmaking Processes and Before the Courts, Symposium. University of Trento, Italy, June 11-12, 2004.

Comment: Autonomy And The Public-Private Distinction In Bioethics And Law, Susan H. Williams

Indiana Journal of Global Legal Studies

Back to Government?: The Pluralistic Deficit in the Decisionmaking Processes and Before the Courts, Symposium. University of Trento, Italy, June 11-12, 2004.

Administrative Procedure And Democracy: The Italian Experience, Fabrizio Fracchia

Indiana Journal of Global Legal Studies

Back to Government?: The Pluralistic Deficit in the Decisionmaking Processes and Before the Courts, Symposium. University of Trento, Italy, June 11-12, 2004.

Good Administration And Administrative Procedures, Juli Ponce

Indiana Journal of Global Legal Studies

Back to Government?: The Pluralistic Deficit in the Decisionmaking Processes and Before the Courts, Symposium. University of Trento, Italy, June 11-12, 2004.

Back To Government? Reregulating British Railways, Peter Leyland

Indiana Journal of Global Legal Studies

Back to Government?: The Pluralistic Deficit in the Decisionmaking Processes and Before the Courts, Symposium. University of Trento, Italy, June 11-12, 2004.

Functional Participation In Eu Delegation Regulation: Lessons From The United States And The Eu's "Constitutional Moment:, Stijn Smismans

Indiana Journal of Global Legal Studies

Back to Government?: The Pluralistic Deficit in the Decisionmaking Processes and Before the Courts, Symposium. University of Trento, Italy, June 11-12, 2004.

Access To U.S. Federal Courts As A Forum For Human Rights Disputes: Pluralism And The Alien Tort Claims Act, Christiana Ochoa

Indiana Journal of Global Legal Studies

Back to Government?: The Pluralistic Deficit in the Decisionmaking Processes and Before the Courts, Symposium. University of Trento, Italy, June 11-12, 2004.

Taking Legal Pluralism Seriously: The Alien Tort Claims Act And The Role Of International Law Before U.S. Federal Courts, Luisa Antoniolli

Indiana Journal of Global Legal Studies

Back to Government?: The Pluralistic Deficit in the Decisionmaking Processes and Before the Courts, Symposium. University of Trento, Italy, June 11-12, 2004.

Pluralistic Deficit And Direct Claims To European Constitutional Courts, Serena Baldin

Indiana Journal of Global Legal Studies

Back to Government?: The Pluralistic Deficit in the Decisionmaking Processes and Before the Courts, Symposium. University of Trento, Italy, June 11-12, 2004.

The Functional Representation Of The Individual's Interests Before The Ec Courts: The Evolution Of The Remedies System And The Pluralistic Deficit In The Ec, Luigi Mmalferrari

Indiana Journal of Global Legal Studies

Back to Government?: The Pluralistic Deficit in the Decisionmaking Processes and Before the Courts, Symposium. University of Trento, Italy, June 11-12, 2004.

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

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 …

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

Indiana Law Journal

No abstract provided.

"The Regulatory Grass In Greener": A Comparative Analysis Of The Alien Tort Claims Act And The European Union's Green Paper On Corporate Social Responsibility, Joshua M. Chanin

Indiana Journal of Global Legal Studies

No abstract provided.

Reframing The Issue: Aids As A Global Workforce Crisis And The Emerging Role Of Multinational Corporations, Elizabeth M. Chitty

Indiana Journal of Global Legal Studies

No abstract provided.

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

Indiana Law Journal

No abstract provided.

Examining The Underlying Purposes Of Municipal And Statewide Smoking Bans, Mark J. Horvick

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

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

Indiana Law Journal

No abstract provided.