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Articles 1 - 30 of 248
Full-Text Articles in Law
The Social Value Of Academic Freedom Defended, J. Peter Byrne
The Social Value Of Academic Freedom Defended, J. Peter Byrne
Indiana Law Journal
In his recent book, Versions of Academic Freedom: From Professionalism to Revolution, Stanley Fish renewed his arguments for an “it’s just a job” account of academic freedom, begun in his 2008 book, Save the World on Your Own Time. He claims that academic freedom consists of nothing more than the conditions necessary to follow the established criteria for scholarship and teaching within each discipline. He complains chiefly against the invocation of academic freedom to protect or glorify political advocacy by academics. There is a lot in Fish’s account to admire and agree with. The appropriate sphere of academic freedom needs …
Academic Duty And Academic Freedom, Amy Gadja
Academic Duty And Academic Freedom, Amy Gadja
Indiana Law Journal
On December 31, 1915, the newly formed American Association of University Professors (AAUP) and its Committee on Academic Freedom and Academic Tenure accepted a set of guidelines designed to shape the organization and its work to protect academics against the termination power of their employer-universities. The “General Declaration of Principles,” drafted by approximately a dozen educators who were called from universities across the country, begins with a decided focus on the rights of individuals within the academy: “The term ‘academic freedom’ has traditionally had two applications,” the language reads at the start, “to the freedom of the teacher and to …
The Regrettable Underenforcement Of Incompetence As Cause To Dismiss Tenured Faculty, David M. Rabban
The Regrettable Underenforcement Of Incompetence As Cause To Dismiss Tenured Faculty, David M. Rabban
Indiana Law Journal
Universities are extremely reluctant to dismiss tenured professors for incompetence. This reluctance compromises the convincing and broadly accepted justification for the protection of academic freedom through tenure set forth in the 1915 Declaration of Principles of the American Association of University Professors (AAUP). After asserting that society benefits from the academic freedom of professors to express their professional views without fear of dismissal, the 1915 Declaration maintained that the grant of permanent tenure following a probationary period of employment protects academic freedom. Yet the 1915 Declaration also stressed that academic freedom does not extend to expression that fails to meet …
Filling The D.C. Circuit Vacancies, Carl W. Tobias
Filling The D.C. Circuit Vacancies, Carl W. Tobias
Indiana Law Journal
Partisanship undermines judicial nominations to the U.S. Court of Appeals for the District of Columbia Circuit. With three of eleven judgeships vacant during Barack Obama’s first term, he was the only President in a half century not to appoint a jurist to the nation’s second-most important court. Confirming accomplished nominees, thus, became imperative for the circuit’s prompt, economical, and fair case disposition. In 2013, Obama submitted excellent candidates. Patricia Millett had argued thirty-two Supreme Court appeals; Cornelia Pillard successfully litigated numerous path-breaking matters; and Robert Wilkins had served on the D.C. District bench for three years. The purportedly shrinking tribunal …
The Government’S Lies And The Constitution, Helen L. Norton
The Government’S Lies And The Constitution, Helen L. Norton
Indiana Law Journal
The government’s lies can be devastating. This is the case, for example, of its lies told to resist legal and political accountability for its misconduct; to inflict economic and reputational harm; or to enable the exercise of its powers to imprison, to deploy lethal force, and to commit precious national resources. On the other hand, the government’s lies can sometimes be helpful: consider lies told to thwart a military adversary or to identify wrongdoing through undercover police work. The substantial harms threatened by some government lies invite a search for ways to punish and prevent them. At the same time, …
Incentivizing The Protection Of Personally Identifying Consumer Data After The Home Depot Breach, Ryan F. Manion
Incentivizing The Protection Of Personally Identifying Consumer Data After The Home Depot Breach, Ryan F. Manion
Indiana Law Journal
The breach of payment card systems at the Home Depot in 2014 resulted in the theft of a wealth of information. This Note will examine the facts and legal consequences of the Home Depot breach under three separate frameworks. First, this Note will examine the Home Depot’s responsibilities arising under existing data breach notification statutes. Second, this Note examines the Home Depot’s potential liability if the recent bill introduced by Senator Leahy of Vermont proposing a federal data breach notification framework becomes law; ultimately, however, this Note finds that state notification statutes fail to adequately protect consumers, and Senator Leahy’s …
Foreword, Steve Sanders
Foreword, Steve Sanders
Indiana Law Journal
One hundred years ago this year, a group of prominent American professors came together to form the American Association of University Professors (AAUP). As a crucial part of this endeavor, they drafted a manifesto on academic freedom and tenure that set forth what must have been viewed, at the time, as revolutionary propositions about the role of the scholar vis-à-vis the university and the role of the scholar and the university together vis-à-vis the larger society
General Report Of The Committee On Academic Freedom And Academic Tenure
General Report Of The Committee On Academic Freedom And Academic Tenure
Indiana Law Journal
The safeguarding of a proper measure of academic freedom in American universities requires both a clear understanding of the principles which bear upon the matter, and the adoption by the universities of such arrangements and regulations as may effectually prevent any infringement of that freedom and deprive of plausibility all charges of such infringement. This report is therefore divided into two parts, the first constituting a general declaration of principles relating to academic freedom, the second presenting a group of practical proposals, the adoption of which is deemed necessary in order to place the rules and procedure of the American …
No Ordinary Fish Tale: Working Toward A Transnational Solution To The Cod Crisis In The Gulf Of Maine, Michael Ruderman
No Ordinary Fish Tale: Working Toward A Transnational Solution To The Cod Crisis In The Gulf Of Maine, Michael Ruderman
Indiana Law Journal
In response to a National Oceanic and Atmospheric Administration (NOAA) survey that showed “record-low levels of abundance” of groundfish in the Gulf of Maine (“Gulf”), local fisherman Brian Pearce asserted: “It concerns [me] that what [NOAA is] saying and what we [the local fishermen] are seeing is such a contrast . . . . Who sees more fish in the ocean than the fishermen?” Despite Mr. Pearce’s skepticism, the state of the cod fishery in the Gulf of Maine—home to “critical” and “legendary" fishing grounds in Canadian and American territories—is, in fact, dire. According to the NOAA survey, conducted in …
Vol. 49, No. 13 (November 23, 2015)
Dean's Desk: New Wintersession Offers Learning, Networking Opportunities, Austen L. Parrish
Dean's Desk: New Wintersession Offers Learning, Networking Opportunities, Austen L. Parrish
Austen Parrish (2014-2022)
No abstract provided.
Vol. 49, No. 12 (November 16, 2015)
Vol. 49, No. 11 (November 9, 2015)
Vol. 49, No. 10 (November 2, 2015)
Vol. 49, No. 09 (October 26, 2015)
Vol. 49, No. 08 (October 19, 2015)
2015 Distinguished Service Award Program
2015 Distinguished Service Award Program
Distinguished Service Awards
No abstract provided.
Vol. 49, No. 07 (October 12, 2015)
Domestic Violence In Saudi Arabia, Sahar Alhabdan
Domestic Violence In Saudi Arabia, Sahar Alhabdan
Maurer Theses and Dissertations
Family violence is a serious issue that affects women in Saudi Arabia. In response to cultural acceptance of violence between spouses in Saudi Arabia, the government issued its first law criminalizing domestic violence in 2013. The Protection from Abuse Act was proposed to improve protection for women and to punish the abusers, but several articles in the Act may reduce its effectiveness. Issuing laws prohibiting domestic violence cannot by itself protect women. Women should be protected under family law by preserving their rights to marry, divorce, obtain custody of children, and receive alimony. This dissertation will study the issue of …
Mandatory Process, Matthew J.B. Lawrence
Mandatory Process, Matthew J.B. Lawrence
Indiana Law Journal
This Article suggests that people tend to undervalue their procedural rights—their proverbial “day in court”—until they are actually involved in a dispute. The Article argues that the inherent, outcome-independent value of participating in a dispute resolution process comes largely from its power to soothe a person’s grievance— their perception of unfairness and accompanying negative emotional reaction—win or lose. But a tendency to assume unchanging emotional states, known in behavioral economics as projection bias, can prevent people from anticipating that they might become aggrieved and from appreciating the grievance-soothing power of process. When this happens, people will waive their procedural rights …
A Behavioral Theory Of Legal Ethics, Andrew M. Perlman
A Behavioral Theory Of Legal Ethics, Andrew M. Perlman
Indiana Law Journal
Behavioral insights have informed many areas of law, including the field of professional responsibility. Those insights, however, have had only a modest effect on the foundational theories of legal ethics, even though those theories are, at their core, prescriptions about human behavior. The reality is that lawyers’ conduct cannot be understood, theorized about, or used to produce the best possible regulations without an appreciation for the limits on human rationality and objectivity. A behavioral theory of legal ethics offers a way to incorporate those realties into the foundational debates on a lawyer’s professional role so that scholars can produce more …
Method Of Attack: A Supplemental Model For Hate Crime Analysis, Angela D. Moore
Method Of Attack: A Supplemental Model For Hate Crime Analysis, Angela D. Moore
Indiana Law Journal
On October 28, 2009, the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act (HCPA) was signed into law by President Barack Obama. Two years later, between September and November of 2011, members of a Bergholz, Ohio, Amish community allegedly carried out five attacks in which they forcibly restrained, and cut the hair and beards of, members of other Amish communities. In September of 2012, a jury rendered a verdict in United States v. Mullet and found sixteen members of the Bergholz community—including Samuel Mullet, bishop of the community—guilty of HCPA violations. These were the first convictions for religion-based …
Transnational Class Actions In The Shadow Of Preclusion, Zachary D. Clopton
Transnational Class Actions In The Shadow Of Preclusion, Zachary D. Clopton
Indiana Law Journal
The American class action is a procedural tool that advances substantive law values such as deterrence, compensation, and fairness. Opt-out class actions in particular achieve these goals by aggregating claims not only of active participants but also passive plaintiffs. Full faith and credit then extends the preclusive effect of class judgments to other U.S. courts. But there is no international full faith and credit obligation, and many foreign courts will not treat U.S. class judgments as binding on passive plaintiffs. Therefore, some plaintiffs may be able to wait until the U.S. class action is resolved before either joining the U.S. …
Content-Based Copyright Denial, Ned Snow
Content-Based Copyright Denial, Ned Snow
Indiana Law Journal
No principle of First Amendment law is more firmly established than the principle that government may not restrict speech based on its content. It would seem to follow, then, that Congress may not withhold copyright protection for disfavored categories of content, such as violent video games or pornography. This Article argues otherwise. This Article is the first to recognize a distinction in the scope of coverage between the First Amendment and the Copyright Clause. It claims that speech protection from government censorship does not imply speech protection from private copying. Crucially, I argue that this distinction in the scope of …
Zoning As Taxidermy: Neighborhood Conservation Districts And The Regulation Of Aesthetics, Anika S. Lemar
Zoning As Taxidermy: Neighborhood Conservation Districts And The Regulation Of Aesthetics, Anika S. Lemar
Indiana Law Journal
Over the last thirty years, municipalities across the country have embraced neighborhood conservation districts, regulations that impose design standards at the neighborhood level. Despite their adoption in thirty-five states, in municipalities from Boise to Cambridge, neighborhood conservation districts have evaded critical analysis by legal scholars. By regulating features such as architectural style, roof angle, and maximum eave overhang, conservation districts purport to protect “neighborhood character” or “cultural stability.” Implicit in these regulations is the unsupported assumption that the essential feature of a neighborhood’s character is its architectural design at a single point in time. The unfortunate result is zoning as …
Erie And Preemption: Killing One Bird With Two Stones, Jeffrey Rensberger
Erie And Preemption: Killing One Bird With Two Stones, Jeffrey Rensberger
Indiana Law Journal
The Supreme Court has developed a standard account of the Erie doctrine. The Court has directed different analyses of Erie cases depending upon whether the federal law in question is in the form of a federal rule (or statute) or is instead a judge-made law. But the cases applying the doctrine are difficult to explain using the standard account. Although the Court and commentators have noted that Erie is a type of preemption, they provide little, if any, rigorous analysis of Erie in light of preemption doctrines. This Article attempts to fill that void, offering an extended analysis of Erie …