Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 30 of 660

Full-Text Articles in Law

A Clumsy Couple: The Problem Of Applying Model Rule 1.7 In Transactional Settings, Katelyn K. Leveque Jan 2021

A Clumsy Couple: The Problem Of Applying Model Rule 1.7 In Transactional Settings, Katelyn K. Leveque

Indiana Law Journal

The American Bar Association’s Model Rules of Professional Conduct (“Model Rules”) have long addressed conflicts of interest, with fluctuating degrees of stringency.1 For as long as the rules have been in place, legal scholars have grappled with how lawyers can work within the confines of the rules to serve their clients best, as well as how the rules might better align with what clients seek and expect from their legal representation. In their current form, the Model Rules address conflicts of interest in Rule 1.7. However, both this rule and the Model Rules more generally are not one size fits …


Fee-Shifting Statutes And Compensation For Risk, Maureen Carroll Oct 2020

Fee-Shifting Statutes And Compensation For Risk, Maureen Carroll

Indiana Law Journal

A law firm that enters into a contingency arrangement provides the client with more than just its attorneys’ labor. It also provides a form of financing, because the firm will be paid (if at all) only after the litigation ends; and insurance, because if the litigation results in a low recovery (or no recovery at all), the firm will absorb the direct and indirect costs of the litigation. Courts and markets routinely pay for these types of risk-bearing services through a range of mechanisms, including state feeshifting statutes, contingent percentage fees, common-fund awards, alternative fee arrangements, and third-party litigation funding. …


How To Fix Legal Scholarmush, Adam Kolber Oct 2020

How To Fix Legal Scholarmush, Adam Kolber

Indiana Law Journal

Legal scholars often fail to distinguish descriptive claims about what the law is from normative claims about what it ought to be. The distinction couldn’t be more important, yet scholars frequently mix it up, leading them to mistake legal authority for moral authority, treat current law as a justification for itself, and generally use rhetorical strategies more appropriate for legal practice than scholarship. As a result, scholars sometimes talk past each other, generating not scholarship but “scholarmush.”

In recent years, legal scholarship has been criticized as too theoretical. When it comes to normative scholarship, however, the criticism is off the …


Flipping The Script On Brady, Ion Meyn Jul 2020

Flipping The Script On Brady, Ion Meyn

Indiana Law Journal

Brady v. Maryland imposes a disclosure obligation on the prosecutor and, for this

reason, is understood to burden the prosecutor. This Article asks whether Brady also

benefits the prosecutor, and if so, how and to what extent does it accomplish this?

This Article first considers Brady’s structural impact—how the case influenced

broader dynamics of litigation. Before Brady, legislative reform transformed civil

and criminal litigation by providing pretrial information to civil defendants but not

to criminal defendants. Did this disparate treatment comport with due process?

Brady arguably answered this question by brokering a compromise: in exchange for

imposing minor obligations on …


Learning From Law Students: How Phds Might Seek Legal Remedy In The Face Of Widespread Unemployment, Emily Grothoff Jan 2018

Learning From Law Students: How Phds Might Seek Legal Remedy In The Face Of Widespread Unemployment, Emily Grothoff

Indiana Law Journal

This Note examines overproduction and underemployment problems facing the academic market and PhD graduates9 from a legal perspective. Part I will briefly review key legal takeaways from several distinctive cases that law school graduates brought against their almae matres regarding poor employability. Part II then describes the particularities of the “PhD problem” and how it compares and contrasts with the problem that J.D. holders recently faced. Finally, Part III will examine what legal remedies disenfranchised PhDs might pursue and whether such remedies could—and should—be sought in the courts.


Don't Let The Facts Get In The Way Of The Truth: Revisiting How Buckhannon And Alyeska Pipeline Messed Up The American Rule, Landyn Wm. Rookard Jul 2017

Don't Let The Facts Get In The Way Of The Truth: Revisiting How Buckhannon And Alyeska Pipeline Messed Up The American Rule, Landyn Wm. Rookard

Indiana Law Journal

No abstract provided.


Confirm Myra Selby For The Seventh Circuit, Carl W. Tobias Jan 2017

Confirm Myra Selby For The Seventh Circuit, Carl W. Tobias

Indiana Law Journal

This Article canvasses Myra Selby’s dynamic professional record, the federal judicial selection process under President Obama, and the Seventh Circuit. It ascertains that Selby is an exceptionally competent, mainstream prospect and that the appellate court requires all of its members to deliver justice. However, Republican senators did not collaborate, particularly after they had captured a Senate majority—a circumstance that this presidential election year aggravates. The last section, therefore, proffers recommendations for Selby’s prompt Senate consideration and confirmation.


Ranking Law Schools With Lsats, Employment Outcomes, And Law Review Citations, Alfred L. Brophy Jan 2016

Ranking Law Schools With Lsats, Employment Outcomes, And Law Review Citations, Alfred L. Brophy

Indiana Law Journal

This Article offers an alternative to the much-discussed U.S. News & World Report rankings. Where U.S. News rankings are affected by a wide variety of factors —some of which are criticized as irrelevant to what prospective students care about or should care about—this Article looks to three variables: the median LSAT score of entering students, which seeks to capture the quality of the student body; the percentage of the graduating students who are employed at nine months following graduation at full-time, permanent, JD-required jobs (a separate analysis excludes school-funded positions and solo practitioners from this variable); and the number of …


A Behavioral Theory Of Legal Ethics, Andrew M. Perlman Oct 2015

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 …


Access To Legal Services In Rural Areas Of The Northern Rockies: A Recommendation For Town Legal Centers, Brian L. Lynch Oct 2015

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 …


Admit That The Waters Around You Have Grown: Change And Legal Education, Mari J. Matsuda Oct 2014

Admit That The Waters Around You Have Grown: Change And Legal Education, Mari J. Matsuda

Indiana Law Journal

Presented as the Addison C. Harris Lecture at Indiana University Maurer School of Law, Bloomington, Indiana, September 25, 2013.


Enduring Hierarchies In American Legal Education, Olufunmilayo B. Arewa, Andrew P. Morriss, William D. Henderson Jul 2014

Enduring Hierarchies In American Legal Education, Olufunmilayo B. Arewa, Andrew P. Morriss, William D. Henderson

Indiana Law Journal

Although much attention has been paid to U.S. News & World Report’s rankings of U.S. law schools, the hierarchy it describes is a long-standing one rather than a recent innovation. In this Article, we show the presence of a consistent hierarchy of U.S. law schools from the 1930s to the present, provide a categorization of law schools for use in research on trends in legal education, and examine the impact of U.S. News’s introduction of a national, ordinal ranking on this established hierarchy. The Article examines the impact of such hierarchies for a range of decision making in law school …


Religiously Devout Judges: A Decision-Making Framework For Judicial Disqualification, Michelle L. Jones Jul 2013

Religiously Devout Judges: A Decision-Making Framework For Judicial Disqualification, Michelle L. Jones

Indiana Law Journal

No abstract provided.


Freeriders And Diversity In The Legal Academy: A New Dirty Dozen List?, Ediberto Roman, Christopher B. Carbot Oct 2008

Freeriders And Diversity In The Legal Academy: A New Dirty Dozen List?, Ediberto Roman, Christopher B. Carbot

Indiana Law Journal

Symposium: Latinos and Latinas at the Epicenter of Contemporary Legal Discourses. Indiana University School of Law-Bloomington, March 2007.


The New Journal: A Supplement Not Undertaken Hitherto, Douglas A. Hass Jan 2008

The New Journal: A Supplement Not Undertaken Hitherto, Douglas A. Hass

Indiana Law Journal

No abstract provided.


A Look At Legal Education: The Globalization Of American Legal Education, James P. White Jan 2007

A Look At Legal Education: The Globalization Of American Legal Education, James P. White

Indiana Law Journal

Conference of Chief Justices and Conference of State Court Administrators Annual Meeting July 29-August 2, 2006 Indianapolis, Indiana.


"The Pride Of Indiana": An Empirical Study Of The Law School Experience And Careers Of Indiana University School Of Law-Bloomington Alumni, Kenneth G. Dau-Schmidt, Jeffrey E. Stake, Kaushik Mukhopadhaya, Timothy Haley Oct 2006

"The Pride Of Indiana": An Empirical Study Of The Law School Experience And Careers Of Indiana University School Of Law-Bloomington Alumni, Kenneth G. Dau-Schmidt, Jeffrey E. Stake, Kaushik Mukhopadhaya, Timothy Haley

Indiana Law Journal

No abstract provided.


Guidelines For The President's Legal Advisors (Including "Principles To Guide The Office Of Legal Counsel "), Dawn E. Johnsen Oct 2006

Guidelines For The President's Legal Advisors (Including "Principles To Guide The Office Of Legal Counsel "), Dawn E. Johnsen

Indiana Law Journal

No abstract provided.


Actions Founded On Statutory Liability: Adopting A Limitations Period For Attorneys' Fees Actions Brought Under The Individuals With Disabilities Education Act, Darren A. Craig Apr 2004

Actions Founded On Statutory Liability: Adopting A Limitations Period For Attorneys' Fees Actions Brought Under The Individuals With Disabilities Education Act, Darren A. Craig

Indiana Law Journal

No abstract provided.


Government Officials As Attorneys And Clients: Why Privilege The Privileged?, Melanie B. Leslie Jul 2002

Government Officials As Attorneys And Clients: Why Privilege The Privileged?, Melanie B. Leslie

Indiana Law Journal

No abstract provided.


List Of Members Of Association Aug 2001

List Of Members Of Association

Indiana Law Journal

No abstract provided.


A Cause Worth Quitting For? The Conflict Between Professional Ethics And Individual Rights In Discriminatory Treatment Of Corporate Counsel, Rachel S. Arnow Richman Jul 2000

A Cause Worth Quitting For? The Conflict Between Professional Ethics And Individual Rights In Discriminatory Treatment Of Corporate Counsel, Rachel S. Arnow Richman

Indiana Law Journal

No abstract provided.


Tentative Program For Mid-Winter Meeting Of Indiana State Bar Association At Claypool Hotel, Indianapolis, On Friday, January 19th 10:00 O'Clock A.M. Jan 2000

Tentative Program For Mid-Winter Meeting Of Indiana State Bar Association At Claypool Hotel, Indianapolis, On Friday, January 19th 10:00 O'Clock A.M.

Indiana Law Journal

No abstract provided.


News Of Bench And Bar Jan 2000

News Of Bench And Bar

Indiana Law Journal

No abstract provided.


Lawyers And Their Discontents: Findings From A Survey Of The Chicago Bar, John P. Heinz, Kathleen E. Hull, Ava A. Harter Jul 1999

Lawyers And Their Discontents: Findings From A Survey Of The Chicago Bar, John P. Heinz, Kathleen E. Hull, Ava A. Harter

Indiana Law Journal

No abstract provided.


Inspiring Global Professionalism: Challenges And Opportunities For American Lawyers In China, Cynthia Losure Baraban Oct 1998

Inspiring Global Professionalism: Challenges And Opportunities For American Lawyers In China, Cynthia Losure Baraban

Indiana Law Journal

No abstract provided.


Professional Responsibility And Organization Of The Family Business: The Lawyer As Intermediary, Alysa Christmas Rollock Apr 1998

Professional Responsibility And Organization Of The Family Business: The Lawyer As Intermediary, Alysa Christmas Rollock

Indiana Law Journal

Symposium: Law and the New American Family Held at Indiana University School of Law - Bloomington Apr. 4, 1997


One Lawyer For The Family: A Response To Alysa Rollock, Patrick L. Baude Apr 1998

One Lawyer For The Family: A Response To Alysa Rollock, Patrick L. Baude

Indiana Law Journal

Symposium: Law and the New American Family Held at Indiana University School of Law - Bloomington Apr. 4, 1997


Clinical Education And The "Best Interest" Representation Of Children In Custody Disputes: Challenges And Opportunities In Lawyering And Pedagogy, Francis Gall Hill Apr 1998

Clinical Education And The "Best Interest" Representation Of Children In Custody Disputes: Challenges And Opportunities In Lawyering And Pedagogy, Francis Gall Hill

Indiana Law Journal

Symposium: Law and the New American Family Held at Indiana University Law School - Bloomington Apr. 4, 1997


Voices Lost And Found: Training Ethical Lawyers For Children, William A. Kell Apr 1998

Voices Lost And Found: Training Ethical Lawyers For Children, William A. Kell

Indiana Law Journal

Symposium: Law and the New American Family Held at Indiana University School of Law Apr. 4, 1997