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Maurer School of Law: Indiana University

2014

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Articles 91 - 120 of 218

Full-Text Articles in Law

2014 Academy Of Law Alumni Fellows Invitation Apr 2014

2014 Academy Of Law Alumni Fellows Invitation

Academy of Law Alumni Fellows

No abstract provided.


2014 Academy Of Law Alumni Fellows Dinner And Induction Ceremony Program Apr 2014

2014 Academy Of Law Alumni Fellows Dinner And Induction Ceremony Program

Academy of Law Alumni Fellows

No abstract provided.


Bernard Gavit (Photograph) Apr 2014

Bernard Gavit (Photograph)

Bernard Campbell Gavit (1933-1951)

Photograph of Bernard Gavit


Outstanding Friend - Austen L. Parrish Apr 2014

Outstanding Friend - Austen L. Parrish

Austen Parrish (2014-2022)

No abstract provided.


Vol. 46, No. 11 (April 7, 2014) Apr 2014

Vol. 46, No. 11 (April 7, 2014)

Indiana Law Annotated

No abstract provided.


Maurer Dean Honored, Awards At Founders Day, Jobs For Students With Disabilities, Kelley Rankings Climb, Mj Slaby Apr 2014

Maurer Dean Honored, Awards At Founders Day, Jobs For Students With Disabilities, Kelley Rankings Climb, Mj Slaby

Austen Parrish (2014-2022)

No abstract provided.


Location And Interval Before Lucrative Practice, Enoch G. Hogate Apr 2014

Location And Interval Before Lucrative Practice, Enoch G. Hogate

Enoch George Hogate (1906-1918; 1918-1924 Dean Emeritus)

No abstract provided.


Greetings From Bloomington, Austen L. Parrish Apr 2014

Greetings From Bloomington, Austen L. Parrish

Austen Parrish (2014-2022)

No abstract provided.


Spring 2014 Magazine Apr 2014

Spring 2014 Magazine

Ergo

No abstract provided.


Will There Be A Neurolaw Revolution?, Adam Kolber Apr 2014

Will There Be A Neurolaw Revolution?, Adam Kolber

Indiana Law Journal

The central debate in the field of neurolaw has focused on two claims. Joshua Greene and Jonathan Cohen argue that we do not have free will and that advances in neuroscience will eventually lead us to stop blaming people for their actions. Stephen Morse, by contrast, argues that we have free will and that the kind of advances Greene and Cohen envision will not and should not affect the law. I argue that neither side has persuasively made the case for or against a revolution in the way the law treats responsibility.

There will, however, be a neurolaw revolution of …


Presumed Incompetent Too: A Review Of The New Must-Have Manual For Women Of Color In The Academy, Montré D. Carodine Apr 2014

Presumed Incompetent Too: A Review Of The New Must-Have Manual For Women Of Color In The Academy, Montré D. Carodine

Indiana Journal of Law and Social Equality

No abstract provided.


Stories About Discrimination, Zachary A. Kramer Apr 2014

Stories About Discrimination, Zachary A. Kramer

Indiana Journal of Law and Social Equality

No abstract provided.


Individual Losses To Movement Victories: How Sex Became A Civil Liberty, Dara E. Purvis Apr 2014

Individual Losses To Movement Victories: How Sex Became A Civil Liberty, Dara E. Purvis

Indiana Journal of Law and Social Equality

No abstract provided.


Public Education In Neoliberalism’S Second Wave: A Review Of Alexander J. Mean’S Schooling In The Age Of Austerity: Urban Education And The Struggle For Democratic Life, Lajuana Davis Apr 2014

Public Education In Neoliberalism’S Second Wave: A Review Of Alexander J. Mean’S Schooling In The Age Of Austerity: Urban Education And The Struggle For Democratic Life, Lajuana Davis

Indiana Journal of Law and Social Equality

No abstract provided.


No Fleeting Phenomenon: The Rise Of Female-Centric Habilitation And The New Politics Of Imprisonment, Priya N. Purohit Apr 2014

No Fleeting Phenomenon: The Rise Of Female-Centric Habilitation And The New Politics Of Imprisonment, Priya N. Purohit

Indiana Journal of Law and Social Equality

No abstract provided.


A Fresh Perspective On The Continuing Problem Of Housing Segregation And Move-In Violence: A Review Of Hate Thy Neighbor By Jeannine Bell, Julie Spain Apr 2014

A Fresh Perspective On The Continuing Problem Of Housing Segregation And Move-In Violence: A Review Of Hate Thy Neighbor By Jeannine Bell, Julie Spain

Indiana Journal of Law and Social Equality

No abstract provided.


Backlash And Marriage Equality, Arthur S. Leonard Apr 2014

Backlash And Marriage Equality, Arthur S. Leonard

Indiana Journal of Law and Social Equality

No abstract provided.


The Immigrant "Other": Racialized Identity And The Devaluation Of Immigrant Family Relations, Anita Maddali Apr 2014

The Immigrant "Other": Racialized Identity And The Devaluation Of Immigrant Family Relations, Anita Maddali

Indiana Law Journal

This Article explores how current terminations of undocumented immigrants’ parental rights are reminiscent of historical practices that removed early immigrant and Native American children from their parents in an attempt to cultivate an Anglo-American national identity. Today, children are separated from their families when courts terminate the rights of parents who have been, or who face, deportation. Often, biases toward undocumented parents affect determinations concerning parental fitness in a manner that, while different, reaps the same results as the removal of children from their families over a century ago. This Article examines cases in which courts terminated the parental rights …


Reviving Implied Confidentiality, Woodrow Hartzog Apr 2014

Reviving Implied Confidentiality, Woodrow Hartzog

Indiana Law Journal

The law of online relationships has a significant flaw—it regularly fails to account for the possibility of an implied confidence. The established doctrine of implied confidentiality is, without explanation, almost entirely absent from online jurisprudence in environments where it has traditionally been applied offline, such as with sensitive data sets and intimate social interactions.

Courts’ abandonment of implied confidentiality in online environments should have been foreseen. The concept has not been developed enough to be consistently applied in environments such as the Internet that lack obvious physical or contextual cues of confidence. This absence is significant because implied confidentiality could …


A Comparative Study Of Gmo Labeling And Liability Systems In The Us, Eu, And South Korea: The Circumstances And A Future Potential For Harmonization, Moonsook Park Apr 2014

A Comparative Study Of Gmo Labeling And Liability Systems In The Us, Eu, And South Korea: The Circumstances And A Future Potential For Harmonization, Moonsook Park

Maurer Theses and Dissertations

With the remarkable development of GMOs, GMO trade has also increased. The different attitudes on GMOs among the countries all over the world, specifically the US, EU, and South Korea, have the potential to create international trade conflicts. In order to mediate the conflicts, reasonable labeling and liability systems need to be established to prevent potential GMO risks. The Biosafety Protocol regarding the transboundary movement of GMOs exists to resolve such tensions, but it fails to sufficiently solve the problems and provide clear regulations concerning GMO labeling and liability systems.

A successful GMO labeling and liability system should emphasize the …


Doctoring Discrimination In The Same-Sex Marriage Debates, Elizabeth Sepper Apr 2014

Doctoring Discrimination In The Same-Sex Marriage Debates, Elizabeth Sepper

Indiana Law Journal

As the legalization of same-sex marriage spreads across the states, some religious believers refuse to serve same-sex married couples. In the academy, a group of law and religion scholars frames these refusals as “conscientious objection” to the act of marriage. They propose “marriage conscience protection” that would allow public employees and private individuals or businesses to refuse to “facilitate” same-sex marriages. They rely on the theoretical premise that commercial actors’ objections to marriage are equivalent to doctors’ objections to controversial medical procedures. They model their proposal on medical conscience legislation, which allows doctors to refuse to perform abortions. Such legislation, …


Beyond The Verdict: Why The Courts Must Protect Jurors From The Public Before, During, And After High-Profile Cases, Scott Ritter Apr 2014

Beyond The Verdict: Why The Courts Must Protect Jurors From The Public Before, During, And After High-Profile Cases, Scott Ritter

Indiana Law Journal

In a time when more and more criminal trials are saturated in news coverage, media outlets race to get as much information as possible to the public. That access to the criminal justice system is a right protected by the First Amendment. But where does the access stop? This Note explores those limits, and the intersection between the First and Fourth Amendments.


Learning Leadership, Susan David Demaine Apr 2014

Learning Leadership, Susan David Demaine

Articles by Maurer Faculty

It is hard to talk about leadership without sounding clichéd, but it truly was “a dark and stormy night” that began my recent tr ip to the American Association of Law Libraries’ 2014 Leadership Academy. Fortunately, although the rainy drive to Chicago seemed an ill omen, the Leadership Academy turned out to be engaging, instructive, and replete with networking opportunities.


Magnifying Deterrence By Prosecuting Professionals, Scott Schumacher Apr 2014

Magnifying Deterrence By Prosecuting Professionals, Scott Schumacher

Indiana Law Journal

This Article examines the recent series of criminal prosecutions against tax professionals and offshore bankers. These criminal cases, brought against the largest Swiss bank (UBS), the oldest Swiss bank (Wegelin), one of the largest accounting firms in the world (KPMG), as well as numerous lawyers and accountants, represent a dramatic shift for the U.S. Department of Justice. After decades of tolerating abusive tax shelters and tax haven banks, the government changed its policy. However, rather than indicting the individuals and corporations who invested in tax shelters or hid money in offshore accounts, the Justice Department indicted the lawyers, accountants, and …


Should Chevron Have Two Steps?, Richard M. Re Apr 2014

Should Chevron Have Two Steps?, Richard M. Re

Indiana Law Journal

Prominent judges and scholars have criticized the familiar Chevron deference scheme on the ground that its two steps are redundant. But each step of traditional two-step Chevron actually does unique interpretive work. In short, step one asks whether agency interpretations are mandatory, whereas step two asks whether they are reasonable. Other judges and scholars defend two-step Chevron on the ground that the second step should be equated with arbitrary-and-capricious review. But that approach makes Chevron partially redundant with the Administrative Procedure Act and compresses the distinct mandatoriness and reasonableness questions into an artificially singular first step. This Article identifies a …


Managing Systemic Risk In Legal Systems, J. B. Ruhl Apr 2014

Managing Systemic Risk In Legal Systems, J. B. Ruhl

Indiana Law Journal

The American legal system has proven remarkably robust even in the face of vast and often tumultuous political, social, economic, and technological change. Yet our system of law is not unlike other complex social, biological, and physical systems in exhibiting local fragility in the midst of its global robustness. Understanding how this “robust yet fragile” (RYF) dilemma operates in legal systems is important to the extent law is expected to assist in managing systemic risk—the risk of large local or even system-wide failures—in other social systems. Indeed, legal system failures have been blamed as partly responsible for disasters such as …


A Survey Of State Fetal Homicide Laws And Their Potential Applicability To Pregnant Women Who Harm Their Own Fetuses, Andrew S. Murphy Apr 2014

A Survey Of State Fetal Homicide Laws And Their Potential Applicability To Pregnant Women Who Harm Their Own Fetuses, Andrew S. Murphy

Indiana Law Journal

A discussion of the recent case in which a pregnant Indiana woman named Bei Bei Shuai was prosecuted for fetal homicide following a failed suicide attempt and later miscarriage. The Comment uses this case as a comparison point for different cases and statutes in all fifty states and suggests possible principles for a more unified doctrine and approach.


A Family Tradition: Giving Meaning To Family Unity And Decreasing Illegal Immigration Through Anthropology, Micah Bennett Apr 2014

A Family Tradition: Giving Meaning To Family Unity And Decreasing Illegal Immigration Through Anthropology, Micah Bennett

Indiana Law Journal

My Note explores the family-preference provisions of the Immigration and Nationality Act and argues that they are far too limited, especially in light of the “family unity” policy that underscores the law. Using Mexico as a model, the Note relies on the discipline of anthropology to explain that family inherently drives immigration, and it refers to an allegory from a Mexican immigrant to demonstrate how the INA is ineffective. It then argues that immigration law could learn from anthropology—both its scholarship and its disciplinary ideals—to craft a more effective and better informed immigration law, which would further the family unity …


Vol. 46, No. 10 (March 31, 2014) Mar 2014

Vol. 46, No. 10 (March 31, 2014)

Indiana Law Annotated

No abstract provided.


Law School Rankings Rumble, Marilyn Odendahl Mar 2014

Law School Rankings Rumble, Marilyn Odendahl

Austen Parrish (2014-2022)

No abstract provided.