Law Commons^™

Rehabilitating Charge Bargaining, Nancy Combs

Indiana Law Journal

Nobody likes plea bargaining. Scholars worldwide have excoriated the practice, calling it coercive and unjust, among other pejorative adjectives. Despite its unpopularity, plea bargaining constitutes a central component of the American criminal justice system, and the United States has exported the practice to a host of countries worldwide. Indeed, plea bargaining has even appeared at international criminal tribunals, created to prosecute genocide and crimes against humanity—the gravest crimes known to humankind. Although all forms of plea bargaining are unpopular, commentators reserve their harshest criticism for charge bargaining because charge bargaining is said to distort the factual basis of the defendant’s …

No Teacher Left Behind: Reforming The Educators Expense Deduction, Mary Morris

Indiana Law Journal

American educators are notoriously overworked and underpaid. With high performance demands and near-stagnant pay, teachers tend to burn out quickly, which in turn negatively affects the quality of education that their students receive. This effect is most evident in Title I schools, public schools with low funding allocation and high concentrations of low-income students.

One of the benefits that teachers do receive is the Educators Expense Deduction, a federal income tax deduction permitting teachers to write off up to $250 of unreimbursed supplies purchased for the classroom. This deduction was codified in 2002 and has not been amended since, in …

What's The Harm? Federalism, The Separation Of Powers, And Standing In Data Breach Litigation, Grayson Wells

Indiana Law Journal

This Comment will argue that the Supreme Court should analyze standing in data breach litigation under a standard that is deferential to state statutory and common law. Specifically, federal standing analysis should look to state law when determining whether an injury is concrete such that the injury-in-fact requirement is met. Some argue that allowing more data breach cases to proceed to the merits could lead to an explosion of successful litigation and settlements, burdening the federal courts and causing economic losses for the breached businesses. These concerns may be valid. But if state law provides a remedy to the harm …

Public Policy And The Insurability Of Cyber Risk, Asaf Lubin

Articles by Maurer Faculty

In June 2017, the food and beverage conglomerate Mondelez International became a victim of the NotPetya ransomware attack. Around 1,700 of its servers and 24,000 of the company’s laptops were suddenly and permanently unusable. Commercial supply and distribution disruptions, theft of credentials from many users, and unfulfilled customer orders soon followed, leading to losses that totaled more than $100 million. Unfortunately, Zurich, which had sold the company a property insurance policy that included a variety of coverages, informed Mondelez in 2018 that cyber coverage would be denied under the policy based on the “war exclusion clause.” This case, now pending, …

Vol. 60, No. 13 (March 29, 2021)

Indiana Law Annotated

No abstract provided.

Vol. 60, No. 12 (March 22, 2021)

Indiana Law Annotated

No abstract provided.

Vol. 60, No. 11 (March 15, 2021)

Indiana Law Annotated

No abstract provided.

Vol. 60, No. 10 (March 8, 2021)

Indiana Law Annotated

No abstract provided.

March 2021 Newsletter

Ergo

No abstract provided.

Vol. 60, No. 09 (March 1, 2021)

Indiana Law Annotated

No abstract provided.

The Future Of Female Inventors In The United States: A Comparative Analysis To The Republic Of Korea, Payton Hoff

IP Theory

No abstract provided.

Vol. 60, No. 08 (February 22, 2021)

Indiana Law Annotated

No abstract provided.

Goldilocks Deference, Daniel H. Cole, Elizabeth Baldwin, Katie Meehan

Articles by Maurer Faculty

Over the years, courts reviewing rules and decisions of federal administrative agencies have given those agencies greater or narrower latitude in interpreting enabling legislation, ranging from the “hard look” doctrine to various levels of deference under case names such as Chevron, Auer, and Skidmore. This article examines a distinct type of judicial deference that might arise only in a special subset of cases where an agency is sued by two different interested parties arguing diametrically opposed positions. For example, the EPA may be sued on a major, substantive rule by the regulated industry arguing that the rule …

Vol. 60, No. 07 (February 15, 2021)

Indiana Law Annotated

No abstract provided.

Vol. 60, No. 06 (February 8, 2021)

Indiana Law Annotated

No abstract provided.

Is New York’S Mark-To-Market Act Unconstitutionally Retroactive?, Reuven S. Avi-Yonah, David Gamage, Kirk J. Stark, Darien Shanske

Articles by Maurer Faculty

It is well known in tax literature that rudimentary tax planning strategies enable wealthy individuals to avoid state and federal income tax on much of their true economic income. Indeed, the existing income tax has been described as being effectively optional for those who derive their income chiefly from the ownership of assets rather than the provision of services. The reason is — except for a few relatively narrowly tailored deemed-realization rules — both state and federal income taxes rely on the realization principle. Under realization accounting, taxpayers generally do not owe tax on economic gains until they sell their …

The Impact Of Corporate Governance On The Continuity Of Family Businesses In Saudi Arabia, Saad Abdulmohsin Alrowaished

Maurer Theses and Dissertations

In small villages, in cities booming with commerce, in remote fishing communities, and massive marketplaces, in tropical destinations, and in corners of the globe few have ever visited, one is always able to find family businesses. From small wares being sold to neighbors, to huge corporations with billions in assets, families hold and always have held a segment of the global market that cannot be ignored. While family businesses have existed throughout history, legal advice and governance specifically geared toward them, which holds the success of the family business at the center of the laws, has never been a focus …

February 2021 Newsletter

Ergo

No abstract provided.

Volume 1 (February 2021)

Graduate Legal Studies and International Programs Newsletter

A newsletter produced jointly by the Indiana University Maurer School of Law Office of Graduate Legal Studies and Office of International Programs.

Vol. 60, No. 05 (February 1, 2021)

Indiana Law Annotated

No abstract provided.

Understanding & Tracking Presidential Transitions, Ashley A. Ahlbrand

Articles by Maurer Faculty

No abstract provided.

What Is Shared In The Sharing Economy? Ethics And Externalities In Public-Private Partnerships, Nicholas Browning

Indiana Journal of Law and Social Equality

No abstract provided.

Honesty Is The Best Policy: Addressing Implicit Bias In The Judiciary, Catie Wheatley

Indiana Journal of Law and Social Equality

No abstract provided.

Federal Rule Of Evidence 609: An Evidentiary Catch-22 For Minority Defendants, Willow Thomas

Indiana Journal of Law and Social Equality

No abstract provided.

Failure To Contribute: An Estimate Of The Consequences Of Non- And Underpayment Of Self-Employment Taxes By Independent Contractors And On-Demand Workers On Social Security, Caroline Bruckner, Thomas L. Hungerford

Indiana Journal of Law and Social Equality

No abstract provided.

Sherman’S Wrath: Sports Data’S Impending Collision With Antitrust Law, Jonathan A. Sussler

Indiana Journal of Law and Social Equality

No abstract provided.

Sharing Data In The Sharing Economy: Policy Recommendations For Local Governments, Beatriz Botero Arcila

Indiana Journal of Law and Social Equality

No abstract provided.

Vol. 60, No. 04 (January 25, 2021)

Indiana Law Annotated

No abstract provided.

Vol. 60, No. 03 (January 18, 2021)

Indiana Law Annotated

No abstract provided.

Vol. 60, No. 02 (January 11, 2021)

Indiana Law Annotated

No abstract provided.