Law Commons^™

Adrift In The Sea: The Impact Of The Business Supply Chain Transparency On Trafficking And Slavery Act Of 2015 On Forced Labor In The Thai Fishing Industry, Katharine Fischman

Indiana Journal of Global Legal Studies

Hundreds of thousands of men and boys are trafficked and enslaved on long-haul fishing boats in the waters off the coast of Thailand. These captives endure physical and mental abuse, inhumane working conditions, meager sustenance, and little sleep as they are forced to catch fish used in products such as cat food. This Note will focus on whether a proposed Act-the Business Supply Chain Transparency on Trafficking and Slavery Act of 2015 (BSCT)-would impact the issue of forced labor linked to the seafood industry in Thailand, and particularly the portion of the industry that supplies fish used in American brand …

Corporate Codes As Private Co-Regulatory Instruments In Corporate Governance And Responsibility And Their Enforcement, Jan Eijsbouts

Indiana Journal of Global Legal Studies

Corporate Social Responsibility (CSR) codes have gained a prominent role as tools in self-regulation for companies to establish their basic values, norms, and rules that condition the conduct of directors, managers, employees, and-increasingly-of suppliers. This development must be seen in the light of two important paradigmatic changes in the concepts both of CSR and corporate governance. The former is no longer purely voluntary and the latter has become inclusive of CSR, each with far-reaching consequences for the raison d'itre and the place and function of the codes in the smart regulatory mix governing corporations. While the codes were based originally …

Security Council Resolution 2178 (2014): An Ineffective Response To The Foreign Terrorist Fighter Phenomenon, Cory Kopitzke

Indiana Journal of Global Legal Studies

Thousands of foreign terrorist fighters poured into the Middle East from almost every country across the globe. Radicalized by professionally edited videos and propaganda disseminated through the Internet, people from all walks of life were captivated by the Islamic State's rhetoric, and nations were struggling to figure out how to stop them. One solution came in the form of a United Nations Security Council Resolution- Resolution 2178 (2014). This resolution is directed specifically at foreign terrorist fighters and calls upon all Member States to act with haste to address this new phenomenon. Critics were quick to call into question the …

A Treaty On Enforcing Human Rights Against Business: Closing The Loophole Or Getting Stuck In A Loop?, Pierre Theilbörger, Tobias Ackermann

Indiana Journal of Global Legal Studies

This Article takes a human rights law perspective on the issue of enforcing corporate social responsibility. While corporations receive a variety of rights under international law, they do not equally hold a corresponding set of duties. The Article assesses the merits and shortcomings of existing initiatives to bridge this gap, in particular the Special Representative to the Secretary-General's (legally nonbinding) Framework and Guiding Principles, as well as the most recent initiative at the United Nations Human Rights Council on developing a (legally binding) treaty on business and human rights. While emphasizing that existing legal frameworks-such as human rights law, international …

Fading Extraterritoriality And Isolationism? Developments In The United States, Austen L. Parrish

Indiana Journal of Global Legal Studies

Having the opportunity to deliver the twelfth Snyder Lecture is a privilege in part because of the distinguished scholars who have given the lecture in the past. It is also a privilege because of Earl Snyder himself. Earl was visionary in supporting these cross-Atlantic intellectual exchanges and ahead of his time in appreciating the value of studying transnationalism in its many forms. Today, in that tradition, my aim is to give you a sense of how the procedural rules of international civil litigation are developing and changing in the United States, and how those developments in turn affect more traditional …

Vol. 52, No. 05 (February 13, 2017)

Indiana Law Annotated

No abstract provided.

Vol. 52, No. 04 (February 6, 2017)

Indiana Law Annotated

No abstract provided.

From Suspended To Destitute: The Disproportionate Effect Of Out-Of-School Suspensions On Low-Income Families, Francesca Hoffmann

Indiana Journal of Law and Social Equality

No abstract provided.

Vol. 52, No. 03 (January 30, 2017)

Indiana Law Annotated

No abstract provided.

A Taxonomy Of Independent Electoral Reapportionment Systems, James Ruley

Indiana Journal of Constitutional Design

This paper addresses a means of checking legislative gerrymandering, which I have called the Independent Electoral Reapportionment Commission (IERC). Its purpose is to prevent self-interested politicians from drawing biased constituency lines. While scholars have researched gerrymandering, few scholars have researched commissions designed to limit such gerrymandering, and no comprehensive work details the global means of accomplishing this goal.

Thus, the purpose of this paper is not to normatively prescribe the best practices for composing and empowering an IERC, but rather to descriptively show how different countries conduct this process. While Part II makes some determinations about which commissions may conceptually …

Linda Fariss Retirement Celebration, Indiana University Maurer School Of Law

Maurer Law Events

After 40 years of service, Linda Fariss retires as Director of the Jerome Hall Law Library. This celebration took place on January 27th, 2017. Remarks were made by Dean Austen Parrish, Acting Director Keith Buckley, Professors Don Gjerdingen and Kevin Brown, as well as George P Smith II, '64. Linda's official faculty portrait was revealed as well

Organizing In The Shadows: Limits On Union Organization Of Undocumented Day Laborers, Paige Coomer

Indiana Journal of Law and Social Equality

This Note illustrates how the current US labor scheme acts as an impediment to union organization of undocumented day laborers. While the market for these contingent workers grows, so too does the need for worker protection from abuses. However, unions face legal and structural barriers that prevent them from effectively organizing day laborers. Ultimately, these legal and structural barriers show that the US labor scheme as a whole is incapable of effectively responding to the needs of day laborers, and by extension, to the needs of a globalized, migrant workforce. My Note argues that by failing to adapt to changes …

Vol. 52, No. 02 (January 23, 2017)

Indiana Law Annotated

No abstract provided.

V.1 No.3

Conservation Law Center Newsletter

No abstract provided.

The Process Of Power: A Process-Oriented Approach To Dissecting A Group’S Political Power, Pat Andriola

Indiana Journal of Law and Social Equality

Minority groups receiving protection under the Fourteenth Amendment must typically show that they have little "political power," the idea being that the judiciary ought not step in on their behalf if there are legislative outlets available to them. But how should a court determine whether a group is politically powerful (or powerless)? This article argues that the typical indicia of political power relied on by the courts are unwisely based on political outputs, or what minority groups strive for (such as laws in their favor), rather than political inputs, or the things that determine whether groups can get political outputs …

Vol. 52, No. 01 (January 16, 2017)

Indiana Law Annotated

No abstract provided.

V.1 No.2

Conservation Law Center Newsletter

No abstract provided.

Realizing An Opportunity: Limiting The Power Of The Executive In The Iraqi Constitution, Cory Kopitzke

Indiana Journal of Constitutional Design

In the summer of 2015, Iraqi citizens took to the streets in protest. After going without essential services, such as electricity, in the sweltering heat and after enduring corruption that undermined Iraqi forces battling the Islamic State, these citizens called for meaningful changes in the management of the Iraqi government and for the fulfillment of “democratic aspirations” enshrined in the Iraqi Constitution. In response to these protests, Iraqi Prime Minister, Haider al-Abadi, proposed sweeping reform measures to combat the decisive divides in the current administration. These reforms called for drastic change—including the elimination of the vice-president and deputy prime minister …

The Impact Of Emerging Information Technologies On The Employment Relationship: New Gigs For Labor And Employment Law, Kenneth G. Dau-Schmidt

Articles by Maurer Faculty

The technology of production has always shaped the employment relationship and the issues that are important in labor and employment law. Since at least the late 1970s the American economy has adopted information technology that promises to change the employment relationship in ways at least as profound as those wrought by the other revolutions in general production technology, such as the adoption of steam power, electricity, or methods of mass production. The global network of programmable machines of the information age allows us to communicate and process much more information, much more quickly than ever previously imagined. This increased informational …

The Gdpr As A Chance To Break Down Borders, Fred H. Cate, Christopher Kuner, Dan Jerker B. Svantesson, Orla Lynskey, Nora Ni Loideain

Articles by Maurer Faculty

No abstract provided.

Inform And Consent: More Than Just "Sign Here", Jody L. Madeira, Kathryn Coyne, Ami S. Jaeger Md, J. Preston Parry Md, Steven R. Lindheim Md

Articles by Maurer Faculty

No abstract provided.

Ceo Side Payments In Mergers And Acquisitions, Brian J. Broughman

Articles by Maurer Faculty

In addition to golden parachutes, CEOs often negotiate for personal side-payments in connection with the sale of their firm. Side-payments differ from golden parachutes in that they are negotiated ex post in connection with a specific acquisition proposal, whereas golden parachutes are part of the executive’s employment agreement negotiated when she is hired. While side-payments may benefit shareholders by countering managerial resistance to an efficient sale, they can also be used to redistribute merger proceeds to management. The current article highlights an overlooked distinction between pre-merger golden parachutes and merger side-payments. Similar to a legislative rider attached to a popular …

Consumer Credit In America: Past, Present, And Future, Pamela Foohey, Jim Hawkins, Creola Johnson, Nathalie Martin

Articles by Maurer Faculty

In September 2016, in conjunction with Law & Contemporary Problems at Duke University School of Law, we organized a symposium on Consumer Credit in America. We sought to assess the state of consumer credit in America — to review and examine its recent history, to consider arguments for and against regulation, and to discuss the potential for future innovation. This is the introduction to the volume of articles coming out of that symposium.

In Search Of Balance: A Critical Review Of Private Placement Regulations Of The United States And South Korea, Daeil Kim

Maurer Theses and Dissertations

Two main objectives of the securities offering regulation are to protect investors from frauds and to facilitate capital formation. Balancing these two objectives is a difficult task particularly for the private placement regulation. The primary focus of this study is to assess whether the current private placement regulations of the United States and South Korea are properly balancing these two objectives.

First, this study broadly reviews securities offering regulations and the historical developments of the private placement regulations of the United States and South Korea, and compares the current regulations of both countries. For the U.S. private placement regulation, this …

A Comparative Study Of Trade Dress In The U.S. And South Korea: Rethinking On The Laws And Precedents In The Apple V. Samsung, Sukchan Sim

Maurer Theses and Dissertations

Trade dress originally included the packaging or dressing of products, however in this time it has been extended to put together the impression of design of products. Product configuration, the design and shape of the product itself, may also be considered a form of trade dress. The Lanham Act protects trade dress if it serves the same source-identifying function as a trademark. In U.S., trade dress was developed continuously for a long time and some significant case suggested guidelines reflecting the modern industry. In Wal-Mart Stores, Inc. v Samara Brothers, Inc., or TrafFix Devices, Inc. v. Marketing Displays, Inc., …

Too Heavy A Burden: Testing Complicity-Based Claims Under The Religious Freedom Restoration Act, Kaleb Brooks

Indiana Law Journal

This Note argues that courts ought to recognize, in the context of complicity-based claims under the Religious Freedom Restoration Act, a sound distinction between burdens on religious conduct, which enjoy protection, and burdens on mere religious sentiment. In light of the structure of complicity-based claims, such a distinction between conduct and sentiment is the only sound approach that respects the Act’s requirements. The Note reaches this conclusion through a survey of the various complicity-based challenges to the Health and Human Services contraceptive care mandate for religious non-profit employers under the federal Religious Freedom Restoration Act in the period between Burwell …

January 2017 Newsletter

Ergo

No abstract provided.

Corrupt Practices In Saudi Arabia: An Analysis Of The Legal Provisions And The Influence Of Social Factors, Abdulmajeed Alshalan

Maurer Theses and Dissertations

In 2015, the National Anti-Corruption Commission (Nazaha) conducted a survey to assess corruption in Saudi Arabia. From this survey, two main findings deserve to be highlighted. First, the survey reveals that the practice of wasta was the most prevalent corrupt practice in Saudi society, constituting about 62 percent of such practices. This finding shows that it is essential to examine such a practice not only as a legal issue, but also as a social issue. Accordingly, the first part of this dissertation is devoted to providing a legal and social analysis of the practice of wasta. Another …

An Empirical Study Of China's Change-Of-Venue System In Anti-Corruption Litigation: Implications For Anti-Corruption Reform, Jinting Deng

Maurer Theses and Dissertations

Presenting the first empirical study of the change-of-venue (COV) system in Chinese corruption cases, this dissertation assesses the role of the COV system in China’s anti-corruption campaign. Although COV is routinely triggered in Chinese corruption cases, COV remains understudied and poorly understood. Scholars, judges, and practitioners expected that the COV system would increase sentences by removing defendants from the jurisdictions of local judges where they would benefit from bias and cronyism. However, this dissertation’s empirical findings – from an analysis of over 800 corruption cases in Beijing – indicate that, after accounting for other variables, sentences for corruption did not …

A Legal Analysis On Enterprises Overseas Fundraising -- A Comparison Between The U.S. Market And The Taiwanese Market, Ke Ho

Maurer Theses and Dissertations

Since the 1990’s, Taiwan’s government has made efforts to upgrade economic development by attraction more foreign enterprises to enter the domestic capital market. However, in the early 2000s, statistics indicated that the number of such new enterprise listings in Taiwan actually decreased. Some believe a very important factor in the decrease to the number of new listings in Taiwan is the current regulatory framework’s lack of flexibility. It is assumed that the regulatory intensity for foreign enterprises is very high. In order to review this intensity on the foreign issuer, this dissertation presents research on the law regulating a foreign …