Law Commons^™

The Global Reporting Initiative, Transnational Corporate Accountability, And Global Regulatory Counter-Currents., Cynthia A. Williams

Articles by Maurer Faculty

In this essay, the Author provides an overview in Part I of some initiatives to require or encourage companies to produce specific ESG data, authored both by governments and by private standard-setters. In Part II, one disclosure initiative in particular will be discussed as an example of a transnational legal order (TLO), as defined by Professors Shaffer and Halliday,13 and that is the Global Reporting Initiative, which has become the benchmark corporate social disclosure framework. Part III identifies a number of significant questions about our knowledge of the real power of information strategies to change corporate behavior, as the GRI …

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 …

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 …

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

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 …

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 …

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, …

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 …

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 …

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 …

December 2015

Headnotes

No abstract provided.

December 2015 Newsletter

Ergo

No abstract provided.

Vol. 49, No. 13 (November 23, 2015)

Indiana Law Annotated

No abstract provided.

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)

Indiana Law Annotated

No abstract provided.

Vol. 49, No. 11 (November 9, 2015)

Indiana Law Annotated

No abstract provided.

Vol. 49, No. 10 (November 2, 2015)

Indiana Law Annotated

No abstract provided.

November 2015

Headnotes

No abstract provided.

Vol. 49, No. 09 (October 26, 2015)

Indiana Law Annotated

No abstract provided.

Vol. 49, No. 08 (October 19, 2015)

Indiana Law Annotated

No abstract provided.

2015 Distinguished Service Award Program

Distinguished Service Awards

No abstract provided.

Vol. 49, No. 07 (October 12, 2015)

Indiana Law Annotated

No abstract provided.

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

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 …

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 …

October 2015

Headnotes

No abstract provided.

Creative Assessment: Connecting Legal Research Training And Instruction To Results (Review Of Aall Program), Kimberly Mattioli

Articles by Maurer Faculty

As academic law librarians, we should all be concerned with identifying whether our students are meeting AALL’s Principles and Standards for Legal Research Competency. I was excited to attend this session on Creative Assessment so that I could learn new ways in which librarians can evaluate their students to see if they are adequately trained in these core competencies. The panelists were Pamela Rogers Melton, Associate Director for Administration at the University of South Carolina, Gail Partin, Interim Director at the Dickinson School of Law Library, and Barbara Gabor, Senior Research and Reference Specialist at WilmerHale.

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 …

Access To Legal Services In Rural Areas Of The Northern Rockies: A Recommendation For Town Legal Centers, Brian L. Lynch

Indiana Law Journal

There are two distinct but related issues that affect legal representation in rural areas of the United States: the problem of attracting and keeping private attorneys,1 and the problem of satisfying the immense need for pro bono representation for low-income residents. Although these issues are interrelated—attracting attorneys to rural areas can help satisfy the need for pro bono representation—each state is handling the problems in distinctive ways.

In Part I, this Note will demonstrate why the Northern Rockies—which consists of the states of Idaho, Montana, and Wyoming—is a distinctive region with enough similarities between states that a single proposal to …

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 …