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Articles 1141 - 1170 of 11951
Full-Text Articles in Law
Faculty Services Newsletter, Maggie Kiel-Morse
Faculty Services Newsletter, Maggie Kiel-Morse
Faculty Services Newsletter
No abstract provided.
Gender Disparities In Plea Bargaining, Carlos Berdejo
Gender Disparities In Plea Bargaining, Carlos Berdejo
Indiana Law Journal
Across wide-ranging contexts, academic literature and the popular press have identified pervasive gender disparities favoring men over women in society. One area in which gender disparities have conversely favored women is the criminal justice system. Most of the empirical research examining gender disparities in criminal case outcomes has focused on judges’ sentencing decisions. Few studies have assessed disparities in the steps leading up to a defendant’s conviction, where various actors make choices that constrain judges’ ultimate sentencing discretion. This Article addresses this gap by examining gender disparities in the plea-bargaining process. The results presented in this Article reveal significant gender …
Boilerplate Indignity, Erik Encarnacion
Boilerplate Indignity, Erik Encarnacion
Indiana Law Journal
Commentators have long tried to sound the alarm about boilerplate contracts, pointing out threats ranging from the loss of privacy rights to the erosion of public law and democratic self-governance. This Article argues that this list of concerns misses something important: that imposing certain boilerplate terms on individuals is incompatible with their dignity. After explaining and defending the conception of dignity presupposed here, this Article shows how boilerplate accountability waivers—like arbitration clauses—prevent people from accessing the distinctive dignity-vindicating role of courts and degrade their status as legal persons. And because governments may legitimately protect dignity interests, proposed reforms like the …
Bitcoin: Order Without Law In The Digital Age, John O. Mcginnis, Kyle Roche
Bitcoin: Order Without Law In The Digital Age, John O. Mcginnis, Kyle Roche
Indiana Law Journal
Modern law makes currency a creature of the state and ultimately the value of its currency depends on the public’s trust in that state. While some nations are more capable than others at instilling public trust in the stability of their monetary institutions, it is nonetheless impossible for any legal system to make the pre-commitments necessary to completely isolate the governance of its money supply from political pressure. This proposition is true not only today, where nearly all government institutions manage their money supply in the form of central banking, but also true of past private banking regimes circulating their …
The Federalism Challenges Of Protecting Medical Privacy In Workers' Compensation, Ani B. Satz
The Federalism Challenges Of Protecting Medical Privacy In Workers' Compensation, Ani B. Satz
Indiana Law Journal
Under current law, injured workers face a Hobson’s choice: They may file for workers’ compensation or maintain their medical privacy. The reason for this is that § 164.512(l) of the Health Insurance Portability and Accountability Act’s Privacy Rule (HPR) is widely misinterpreted by courts and legislatures as a wholesale waiver of privacy protections for injured workers. Section 164.512(l) excludes workers’ compensation from federal privacy protections that may frustrate the efficient administration of workers’ compensation claims. As the history and intent behind the HPR indicate, § 164.512(l) is premised on the assumption that states will protect workers’ privacy by creating and …
Internet (Re)Search By Judges, Jurors, And Lawyers, H. Albert Liou, Jasper L. Tran
Internet (Re)Search By Judges, Jurors, And Lawyers, H. Albert Liou, Jasper L. Tran
IP Theory
How can Internet research be used properly and reliably in law? This paper analyzes several key and very different issues affecting judges, jurors, and lawyers. With respect to judges, this paper discusses the rules of judicial conduct and how they guide the appropriate use of the Internet for research; the standards for judicial notice; and whether judges can consider a third category of non-adversarially presented, non-judicially noticed factual evidence. With respect to jurors, this paper discusses causes of and deterrents to jurors conducting Internet research during trials; and the recourse available to parties who are adversely impacted by such behavior. …
Keeping Up With New Legal Titles, Susan David Demaine, Susan Azyndar
Keeping Up With New Legal Titles, Susan David Demaine, Susan Azyndar
Articles by Maurer Faculty
No abstract provided.
Indiana University's Storied Past, Austen L. Parrish
Indiana University's Storied Past, Austen L. Parrish
Articles by Maurer Faculty
Indiana University celebrates its bicentennial this year, and the excitement is building on the Bloomington campus. Although the Maurer School of Law is a few years younger – we were founded in 1842 – we are joining the festivities with a yearlong list of events that honor our past and look toward the future. . .
Vol. 57, No. 06 (September 30, 2019)
Vol. 57, No. 05 (September 23, 2019)
Vol. 57, No. 04 (September 16, 2019)
Vol. 57, No. 03 (September 9, 2019)
Vol. 57, No. 02 (September 2, 2019)
Bounding Forward, Robert L. Fischman
Bounding Forward, Robert L. Fischman
Articles by Maurer Faculty
In the race to save the planet from climate change, resilience has been misconstrued as sustaining historic conditions. But some of them are undesirable and others no longer feasible. Adaptive governance can promote transformation to help communities frustrated with current conditions.
Vol. 57, No. 01 (August 26, 2019)
Enforcement Mechanisms For International Standards Of Judicial Independence: The Role Of Government And Private Actors, Rachel Stopchinski
Enforcement Mechanisms For International Standards Of Judicial Independence: The Role Of Government And Private Actors, Rachel Stopchinski
Indiana Journal of Global Legal Studies
In 2017, the prevailing political party in Poland, Law and Justice (Prawo i Sprawiedliwos6), proposed a series of radical legislative changes designed to strip the Polish judiciary of its independence. Though the European Union (EU) has extensively investigated this egregious attack on the rule of law, no concrete steps have been taken to impose sanctums on, or otherwise discipline, the Polish government for defying EU ideals. Despite the fundamental importance of judicial independence in maintaining the rule of law, there are presently no widely adopted international standards of judicial independence. Therefore, no guidelines are promulgated for governments to follow, and …
Developing A Legal Framework Governing Public University Endowments In Saudi Arabia: Lessons From The American Experience With Umifa And Upmifa, Rayan Jamal Alkhalawi
Developing A Legal Framework Governing Public University Endowments In Saudi Arabia: Lessons From The American Experience With Umifa And Upmifa, Rayan Jamal Alkhalawi
Maurer Theses and Dissertations
Saudi universities have recently started building and growing their endowments. Despite the increasing interest in university endowments, there is currently no specific legal framework that governs the area of university endowments in Saudi Arabia. The lack of a specific legal framework obstructs the advancement of university endowments. Therefore, this dissertation delineates the development and characteristics of the prevailing legal framework governing university endowments in the United States. The dissertation focuses on the development of the Uniform Management of Institutional Fund Act and the Uniform Prudent Management of Institutional Fund Act. The dissertation also uses in depth interviews with professional working …
Understanding The Politics Of Resentment: Of The Principles, Institutions, Counter-Strategies, Normative Change, And The Habits Of Heart, Tomasz Tadeusz Koncewicz
Understanding The Politics Of Resentment: Of The Principles, Institutions, Counter-Strategies, Normative Change, And The Habits Of Heart, Tomasz Tadeusz Koncewicz
Indiana Journal of Global Legal Studies
The paper asks, when is a constitutional design of any (domestic, international, supranational) polity in error? On the most general level, such a critical juncture occurs when a polity's founding document (treaty, convention, constitution) protects against dangers that no longer exist or does not protect against the dangers that were not contemplated by the founders. Constitutions not only rule but should also protect against deconstitution. When analyzed together, the cases of Hungary, Poland, South America, and more recently, the United States, suggest a worrying new pattern of the erosion of constitutional democracies. One may even speak of a recipe for …
A Georgist Perspective Of Petroleum Taxation, Joseph Leeson
A Georgist Perspective Of Petroleum Taxation, Joseph Leeson
Indiana Journal of Global Legal Studies
Over a century ago, the town of Arden, Delaware, was founded on a unique single-tax-community system that radically altered the popular concept of land ownership. This system was premised on concepts developed by a man few know today but who was a major figure in economics during the 1800s, Henry George. George's public finance theory has been described as having received "intermittent attention over the years, with many eminent names in economics making at least a passing comment, but it has seen comparably little action in the policy debate arena and has been largely ignored by the modern era of …
Defining Critical Infrastructure For A Global Application, Colleen M. Newbill
Defining Critical Infrastructure For A Global Application, Colleen M. Newbill
Indiana Journal of Global Legal Studies
A Google search for the phrase "critical infrastructure" turns up 189 million results in little more than a half second: ''global critical infrastructure" has 151 million results; and "definition of critical infrastructure" yields 71.5 million results. The list of what industries and sectors fall under the critical infrastructure designation expands as time progresses and technology develops. As the threat of cyberattacks increases and this frontier of terrorism continues to emerge, attacks on critical infrastructure are high on the list of concerns and the need for protective measures imperative. The focus on protecting critical infrastructure does not stop at the borders …
Editor's Note, John Mcmackin
Editor's Note, John Mcmackin
Indiana Journal of Global Legal Studies
As another year draws to a close, and another publishing cycle reaches completion, it is incumbent upon those of us here at the journal to recognize and thank several people.
The Idea Of Property: A Comparative Review Of Recent Empirical Research Methods, Paul T. Babie, Peter D. Burdon Mr, Francesca Da Rimini, Cherie M. Metcalf Prof., Geir Stenseth
The Idea Of Property: A Comparative Review Of Recent Empirical Research Methods, Paul T. Babie, Peter D. Burdon Mr, Francesca Da Rimini, Cherie M. Metcalf Prof., Geir Stenseth
Indiana Journal of Global Legal Studies
While theory offers important insights into property's normative content, it sometimes fails to tell us about what people understand property to mean and how they interact with those things said to be owned by them. This has significant implications for some of the challenges facing humanity, including climate change, unequal distributions of wealth and resources, biodiversity loss, and innovation. In response, a growing body of literature is emerging that looks at property through a different lens; rather than theorizing property in an abstract way or attempting to craft a normative account of and justification for the institution, this new scholarship …
The U.N. Committee Of 24'S Dogmatic Philosophy Of Recognition: Toward A Sui Generis Approach To Decolonization, Hakeem O. Yusuf, Tanzil Chowdhury
The U.N. Committee Of 24'S Dogmatic Philosophy Of Recognition: Toward A Sui Generis Approach To Decolonization, Hakeem O. Yusuf, Tanzil Chowdhury
Indiana Journal of Global Legal Studies
The time is ripe for the U.N. Special Committee on Decolonization (the Committee of 24) to accept sui generis categories that enable it to achieve its aim of finishing the job of decolonization. This would mean a departure from the Committee of 24's rigid adherence to the three forms of decolonization currently recognized: independence, integration, and free association. This article adopts Gilles Deleuze's critiques of the "dogmatic philosophy of recognition" and how they can be overcome through his articulation of "the Encounter" to analyse the philosophical basis of the Committee of 24's inability to recognize sui generis forms of decolonization. …
The Effectiveness And Application Of The Eu Principle Of Consistent Interpretation In Hungarian Courts, Fabio Ratto Trabucco
The Effectiveness And Application Of The Eu Principle Of Consistent Interpretation In Hungarian Courts, Fabio Ratto Trabucco
Indiana Journal of Global Legal Studies
This study of how the Hungarian courts have applied the principle of consistent interpretation demonstrates the striking degree to which this statutory interpretation method has been derived from EU law and embedded in the national courts' practice. Originating in the jurisprudence of the EU Court of Justice and based on the principle of sincere cooperation set out in Article 4(3) EU Treaty, the principle of consistent interpretation consists of a duty incumbent on all public authorities, including national courts, to interpret national law in conformity with EU law. Consistent interpretation plays an important role in enabling individuals to secure rights …
"Believe Me," We Do Not Have A Foreign Emoluments Clause Violation, Scotty N. Teal
"Believe Me," We Do Not Have A Foreign Emoluments Clause Violation, Scotty N. Teal
Indiana Journal of Global Legal Studies
President Trump was sued in New York District Court for allegedly violating the Foreign Emoluments Clause. In its brief, the Citizens for Responsibility and Ethics in Washington (CREW) alleged that the president's international businesses and real estate holdings positioned him to receive money from foreign governments. These business interests, or entanglements, could "sway" or create an opportunity for negative foreign influence in violation of the Emoluments Clause. CREW states that these "entanglements between American officials and foreign powers could pose a creeping, insidious threat to the Republic." CREW argued that President Trump violated the Emoluments Clause because the clause "cover[s] …
From Justice To Injustice: Lowering The Threshold Of European Consensus In Oliari And Others Versus Italy, Nazim Ziyadov
From Justice To Injustice: Lowering The Threshold Of European Consensus In Oliari And Others Versus Italy, Nazim Ziyadov
Indiana Journal of Global Legal Studies
Oliari and Others v. Italy, decided by the European Court of Human Rights (ECHR) in 2015, changed its case law. The ECHR changed its position stated in Schalk and Kopf v. Austria (2010) when evaluating an alleged violation of Article 8 of the European Convention on Human Rights. It concluded that Italy has a positive obligation under the convention to guarantee alternative legal recognition for same-sex couples. The same conclusion was not reached in Schalk. In Oliari and Others, the ECHR heavily relied on the European consensus doctrine and eventually deepened formalization of two different institutions (marriage and civil unions). …
The Sea Of The Universe: How Maritime Law's Limitation On Liability Gets It Right, And Why Space Law Should Follow By Example, Rachel Rogers
The Sea Of The Universe: How Maritime Law's Limitation On Liability Gets It Right, And Why Space Law Should Follow By Example, Rachel Rogers
Indiana Journal of Global Legal Studies
"Space law," much like outer space itself, still remains largely unnavigated in some aspects. "Space law" is a term loosely used to dictate the body of law that refers to the international rules and regulations surrounding exploration and behavior while in outer space; while it quite uniformly covers questions of general damage control, international relations, and resource exploration, some areas of this body of law remain ambiguous and only partially implemented across the globe. One of these broad areas is the role of tort law in outer space-liability stemming from spacecraft collision and the resulting damage that occurs between the …
A Corporate Duty To Rescue: Biopharmaceutical Companies And Access To Medications, Rebecca E. Wolitz
A Corporate Duty To Rescue: Biopharmaceutical Companies And Access To Medications, Rebecca E. Wolitz
Indiana Law Journal
Controversies regarding the pricing of biopharmaceutical products are pervasive. Patients must choose between treatment and rent, prescriptions go unfilled, and health systems are forced to restrict access to life-saving medications— all because of cost. Though there is often consensus that these issues are problematic, there is disagreement as to what are appropriate solutions and who has responsibility to bring about those solutions. Most efforts to address biopharmaceutical pricing concerns focus on governmental regulation. This Article has a different focus. It provides a legal and normative analysis of a form of corporate self-regulation that could help address access and pricing concerns—a …