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Articles 1 - 16 of 16
Full-Text Articles in Law
Cyber Trespass And Property Concepts, Adam Macleod
Contract Law’S Transferability Bias, Paul Macmahon
Contract Law’S Transferability Bias, Paul Macmahon
Indiana Law Journal
When A makes a contract with B, it comes as no surprise that she is liable to B. If B can transfer her contractual rights to C, A is now liable to C. Parties in A’s position often have strong reasons to avoid being liable to suit by C. Contract law, however, seems determined to minimize and override these concerns. Under current doctrine on the assignment of contractual rights—the focus of this Article—the law often imposes its own preference for transferability on the parties. The law generally assumes that contractual rights are assignable, construes exceptions to that general rule narrowly, …
Money That Costs Too Much: Regulating Financial Incentives, Kristen Underhill
Money That Costs Too Much: Regulating Financial Incentives, Kristen Underhill
Indiana Law Journal
Money may not corrupt. But should we worry if it corrodes? Legal scholars in a range of fields have expressed concern about “motivational crowding-out,” a process by which offering financial rewards for good behavior may undermine laudable social motivations, like professionalism or civic duty. Disquiet about the motivational impacts of incentives has now extended to health law, employment law, tax, torts, contracts, criminal law, property, and beyond. In some cases, the fear of crowding-out has inspired concrete opposition to innovative policies that marshal incentives to change individual behavior. But to date, our fears about crowding-out have been unfocused and amorphous; …
Drone Invasion: Unmanned Aerial Vehicles And The Right To Privacy, Rebecca L. Scharf
Drone Invasion: Unmanned Aerial Vehicles And The Right To Privacy, Rebecca L. Scharf
Indiana Law Journal
Since the birth of the concept of a legally recognized right to privacy in Samuel D. Warren and Louis D. Brandeis’ influential 1890 law review article, “The Right to Privacy,” common law—with the aid of influential scholars—has massaged the concept of privacy torts into actionable claims. But now, one of the most innovative technological advancements in recent years, the unmanned aerial vehicle, or drone, has created difficult challenges for plaintiffs and courts navigating common law privacy tort claims.
This Article explores the challenges of prosecution of the specific privacy tort of intrusion upon seclusion involving nongovernmental use of drone technology. …
Original Acquisition Of Property: From Conquest & Possession To Democracy & Equal Opportunity, Joseph William Singer
Original Acquisition Of Property: From Conquest & Possession To Democracy & Equal Opportunity, Joseph William Singer
Indiana Law Journal
2010 Harris Lecture, delivered April 5, 2010, Indiana University, Maurer School of Law, Bloomington, Indiana
"On The Chastity Of Women All Property In The World Depends" : Injury From Sexual Slander In The Nineteenth Century, Lisa R. Pruitt
"On The Chastity Of Women All Property In The World Depends" : Injury From Sexual Slander In The Nineteenth Century, Lisa R. Pruitt
Indiana Law Journal
In this Article, Professor Pruitt discusses conceptions of the injury associated with defamation law, focusing in particular on sexual slander cases that were brought in the early nineteenth century, before statements that impugned a woman's chastity were deemed slander per se. During this time, women had to prove so-called "special damages" in order to state a cause of action. Courts showed some flexibility in what they recognized as constituting "special damages," even stretching to recognize pecuniary harm in damaged personal relationships. Nevertheless, courts refused to recognize injuries stemming from and related to emotional distress injuries, and they were often skeptical …
Reconciling Human Rights And Sovereignty: A Framework For Global Property Law, Christopher Saporita
Reconciling Human Rights And Sovereignty: A Framework For Global Property Law, Christopher Saporita
Indiana Journal of Global Legal Studies
No abstract provided.
Church Property Disputes In The Age Of "Common-Core Protestantism": A Legislative Facts Rationale For Neutral Principles Of Law, Roger Wm. Bennett
Church Property Disputes In The Age Of "Common-Core Protestantism": A Legislative Facts Rationale For Neutral Principles Of Law, Roger Wm. Bennett
Indiana Law Journal
No abstract provided.
Property, Wealth, Land: Allocation, Planning And Development, By Myres Smith Mcdougal And David Haber, Leon H. Wallace
Property, Wealth, Land: Allocation, Planning And Development, By Myres Smith Mcdougal And David Haber, Leon H. Wallace
Indiana Law Journal
No abstract provided.
Indiana Law And Legislation 1940-1945: Preface
Indiana Law And Legislation 1940-1945: Preface
Indiana Law Journal
No abstract provided.
Interests Conveyed By Tax Sale Deed
Delivery Of Deed After Death Of Co-Grantor
Delivery Of Deed After Death Of Co-Grantor
Indiana Law Journal
Notes and Comments: Property
Conflict Of Criminal Laws, By Edward S. Stimson, James J. Robinson
Conflict Of Criminal Laws, By Edward S. Stimson, James J. Robinson
Indiana Law Journal
No abstract provided.
Blackmail-Nature Of The Rights In A Dead Body
Blackmail-Nature Of The Rights In A Dead Body
Indiana Law Journal
No abstract provided.
Administrative Powers Over Persons And Property, By Ernst Freund, Oliver P. Field
Administrative Powers Over Persons And Property, By Ernst Freund, Oliver P. Field
Indiana Law Journal
No abstract provided.