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Articles 1 - 30 of 178
Full-Text Articles in Law
Vol. 37, No. 13 (November 30, 2009)
Vol. 37, No. 12 (November 23, 2009)
Vol. 37, No. 11 (November 16, 2009)
Vol. 37, No. 10 (November 9, 2009)
Vol. 37, No. 09 (November 2, 2009)
Vol. 37, No. 08 (October 26, 2009)
Vol. 37, No. 07 (October 12, 2009)
Vol. 37, No. 06 (October 5, 2009)
The Dual Subsidy Theory Of Charitable Deductions, Ilan Benshalom
The Dual Subsidy Theory Of Charitable Deductions, Ilan Benshalom
Indiana Law Journal
Americans contribute billions of dollars to charities on an annual basis. Charitable contributions not only represent American generosity, they also represent a form of giving that provides donors with tax relief The current literature on charitable contributions suggests that this relief plays an important role not only in decentralizing the provision of public goods, but also in helping the nonprofit sector provide public goods more efficiently than government spending. Even if these claims were indisputable, they are insufficient to justify the current scheme's antidemocratic function. This Article argues that, at their core, tax-subsidized contributions are part of a nondemocratic mechanism …
"Knock And Talk" And The Fourth Amendment, Craig M. Bradley
"Knock And Talk" And The Fourth Amendment, Craig M. Bradley
Indiana Law Journal
No abstract provided.
Retribution's Role, John Bronsteen
Retribution's Role, John Bronsteen
Indiana Law Journal
Two main types of principle, retributive and consequentialist, have long been identified as the main approaches to justifying criminal punishment. Retributivists deem punishment justified by the wrongdoing of the offender, whereas utilitarians deem it justified by its good consequences such as deterring future crime. Over the past fifty years, each has spent decades as the dominant theory, and many hybrid theories have also been advanced. But few, if any, of the hybrid approaches have valued heavily both retributive and consequentialist considerations while locating the particular justificatory role each category plays. This Article points in that direction by reframing the central …
The Future Of Shareholder Democracy, Lisa M. Fairfax
The Future Of Shareholder Democracy, Lisa M. Fairfax
Indiana Law Journal
In 2007, the Securities and Exchange Commission (SEC) considered, and ultimately rejected, a rule that would have required corporations to include shareholder-nominated candidates on the ballot. This Article seeks to ascertain the impact of this rejection. On the one hand, the SEC's rejection appears to be a stunning blow to the shareholders' rights campaign. This is because many shareholders' rights advocates have long considered access to the corporate ballot as the "holy grail" of their campaign for increased shareholder power. Such advocates believe that access to the corporate ballot is critical to ensuring that shareholders can participate legitimately in the …
Effective And Constitutional: Goals For A Hurricane Response Plan In The Aftermath Of Hurricanes Katrina And Rita, Neal Mchenry
Effective And Constitutional: Goals For A Hurricane Response Plan In The Aftermath Of Hurricanes Katrina And Rita, Neal Mchenry
Indiana Law Journal
No abstract provided.
Recasting Carried Interest: An Examination Of Recent Tax Reform Proposals, Marguerite Racher Snyder
Recasting Carried Interest: An Examination Of Recent Tax Reform Proposals, Marguerite Racher Snyder
Indiana Law Journal
No abstract provided.
Success, Dominance, And Interoperability, Alan Devlin, Michael Jacobs, Bruno Peixoto
Success, Dominance, And Interoperability, Alan Devlin, Michael Jacobs, Bruno Peixoto
Indiana Law Journal
In September 2007, the European Court of First Instance (CFI) ruled that Microsoft violated the European Union's competition law by failing to provide certain of its rivals with proprietary computer protocols that would have enabled them to make their products fully "interoperable" with Microsoft's dominant operating system. In the process, the court suggested that an owner of certain kinds of dominant intellectual property is obliged to share its property with rivals to the extent necessary to allow those rivals to compete "viably" with the dominant firm. Thus, in theory, should protocol sharing fail to achieve the requisite degree of "viability, …
The Role Of Culture In The Creation Of Islamic Law, John Hursh
The Role Of Culture In The Creation Of Islamic Law, John Hursh
Indiana Law Journal
No abstract provided.
A Defense Of Embryonic Stem Cell Research, Gregory Dolin, M.D.
A Defense Of Embryonic Stem Cell Research, Gregory Dolin, M.D.
Indiana Law Journal
No abstract provided.
The Decisions Of The Corporate Special Litigation Committees: An Empirical Investigation, Minor Myers
The Decisions Of The Corporate Special Litigation Committees: An Empirical Investigation, Minor Myers
Indiana Law Journal
Using an original data set gathered from filings with the U.S. Securities and Exchange Commission, this Article tests the prevailing view in corporate law that special litigation committees invariably decide to dismiss shareholder derivative litigation. It demonstrates that (1) special litigation committees decide to pursue or settle claims much more frequently than heretofore recognized; (2) special litigation committees do not otherwise let defendants off the hook when pursuing or settling claims, in view of the financial recovery to the company in either scenario; (3) most shareholder claims subject to the authority of special litigation committees end up settled, not dismissed,- …
Our Schizoid Approach To The United States Constitution: Competing Narratives Of Constitutional Dynamism And Stasis, Sanford Levinson
Our Schizoid Approach To The United States Constitution: Competing Narratives Of Constitutional Dynamism And Stasis, Sanford Levinson
Indiana Law Journal
Jerome Hall Lecture at the Indiana University Maurer School of Law - Bloomington on October 3, 2008
The Paradox Of Public Sector Labor Law, Martin H. Malin
The Paradox Of Public Sector Labor Law, Martin H. Malin
Indiana Law Journal
William R. Stewart Lecture
Poodles And Bulldogs: The United States, Britain, And The International Rule Of Law, Philippe Sands
Poodles And Bulldogs: The United States, Britain, And The International Rule Of Law, Philippe Sands
Indiana Law Journal
Addison C. Harris Lecture
Law School Officially 'Maurer', Peter Stevenson
Law School Officially 'Maurer', Peter Stevenson
Lauren Robel (2002 Acting; 2003-2011)
No abstract provided.
Vol. 37, No. 05 (September 28, 2009)
Vol. 37, No. 04 (September 21, 2009)
Vol. 37, No. 03 (September 14, 2009)
Vol. 37, No. 02 (September 7, 2009)
Vol. 37, No. 01 (August 31, 2009)
Policing In Schools: Developing A Governance Document For School Resource Officers In K-12 Schools, India Geronimo Thusi, Catherine Y. Kim
Policing In Schools: Developing A Governance Document For School Resource Officers In K-12 Schools, India Geronimo Thusi, Catherine Y. Kim
Books & Book Chapters by Maurer Faculty
This White Paper argues that a formal governance document is necessary to ensure that law enforcement, school officials, and the communities they serve have a shared understanding of the goals of the SRO program, and that these officers receive the necessary support and training prior to their deployment.6 Absent specific guidelines, SROs may not have a clear understanding of their role within the larger educational context or the rights and needs of the children they are intended to serve; they may inadvertently, and indeed counterproductively, create an adversarial environment that pushes students, particularly at-risk students, out of school rather than …
The Merits Of Global Constitutionalism, Anne Peters
The Merits Of Global Constitutionalism, Anne Peters
Indiana Journal of Global Legal Studies
Global constitutionalism is an agenda that identifies and advocates for the application of constitutionalist principles in the international legal sphere. Global constitutionalization is the gradual emergence of constitutionalist features in international law. Critics of global constitutionalism doubt the empirical reality of constitutionalization, call into question the analytic value of constitutionalism as an academic approach, and fear that the discourse is normatively dangerous because it is anti-pluralist, artificially creates a false legitimacy, and promises an unrealistic end of politics. This article addresses these objections. I argue that global constitutionalization is likely to compensate for globalization induced constitutionalist deficits on the national …
Introduction: Global Constitutionalism From An Interdisciplinary Perspective, Anne Peters, Klaus Armingeon
Introduction: Global Constitutionalism From An Interdisciplinary Perspective, Anne Peters, Klaus Armingeon
Indiana Journal of Global Legal Studies
Global Constitutionalism – Process and Substance, Symposium. Kandersteg, Switzerland, January 17-20, 2008