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Indiana Law Journal

2007

Articles 1 - 30 of 48

Full-Text Articles in Law

Comments On Child Abuse Litigation In A "Testimonial" World: The Intersection Of Competency, Hearsay, And Confrontation, Myrna S. Raeder Oct 2007

Comments On Child Abuse Litigation In A "Testimonial" World: The Intersection Of Competency, Hearsay, And Confrontation, Myrna S. Raeder

Indiana Law Journal

The papers in this symposium were originally prepared for the Section on Evidence of the 2007 Annual Meeting of the Association of American Law Schools.


Testing The Testimonial Concept And Exceptions To Confrontation: "A Little Child Shall Lead Them", Robert P. Mosteller Oct 2007

Testing The Testimonial Concept And Exceptions To Confrontation: "A Little Child Shall Lead Them", Robert P. Mosteller

Indiana Law Journal

The papers in this symposium were originally prepared for the Section on Evidence of the 2007 Annual Meeting of the Association of American Law Schools.


Toward A History Of Children As Witnesses, David S. Tanenhaus, William Bush Oct 2007

Toward A History Of Children As Witnesses, David S. Tanenhaus, William Bush

Indiana Law Journal

The papers in this symposium were originally prepared for the Section on Evidence of the 2007 Annual Meeting of the Association of American Law Schools.


Crafting Military Commissions Post-Hamdan: The Military Commissions Act Of 2006, Douglas A. Hass Oct 2007

Crafting Military Commissions Post-Hamdan: The Military Commissions Act Of 2006, Douglas A. Hass

Indiana Law Journal

In June 2006, the Supreme Court invalidated President Bush's military commission rules in Hamdan v. Rumsfeld. The Court held that the military commissions fell outside of the military court system established by Congress, and ruled the commissions unconstitutional as applied to both citizens and non-citizens. Congress responded with the Military Commissions Act of 2006 ("the Act"), new legislation to establish military commissions. The Act fails to balance properly the Court's fairness requirements with the extraordinary demands placed on the laws of war by terrorism.

This Note summarizes whether terrorist attacks implicate the laws of war, what protections are due parties …


The Alien Tort Claims Act In 2007: Resolving The Delicate Balance Between Judicial And Legislative Authority, Hannah R. Bornstein Oct 2007

The Alien Tort Claims Act In 2007: Resolving The Delicate Balance Between Judicial And Legislative Authority, Hannah R. Bornstein

Indiana Law Journal

No abstract provided.


Children As Witnesses: A Symposium On Child Competence And The Accused's Right To Confront Child Witnesses, Aviva A. Orenstein Oct 2007

Children As Witnesses: A Symposium On Child Competence And The Accused's Right To Confront Child Witnesses, Aviva A. Orenstein

Indiana Law Journal

The papers in this symposium were originally prepared for the Section on Evidence of the 2007 Annual Meeting of the Association of American Law Schools.


The International Enclosure Movement, Peter K. Yu Oct 2007

The International Enclosure Movement, Peter K. Yu

Indiana Law Journal

No abstract provided.


Kids Say The Darndest Things: The Prosecutorial Use Of Hearsay Statements By Children, Tom Lininger Oct 2007

Kids Say The Darndest Things: The Prosecutorial Use Of Hearsay Statements By Children, Tom Lininger

Indiana Law Journal

The papers in this symposium were originally prepared for the Section on Evidence of the 2007 Annual Meeting of the Association of American Law Schools.


The History Of Children's Hearsay: From Old Bailey To Post-Davis, Thomas D. Lyon, Raymond Lamagna Oct 2007

The History Of Children's Hearsay: From Old Bailey To Post-Davis, Thomas D. Lyon, Raymond Lamagna

Indiana Law Journal

The papers in this symposium were originally prepared for the Section on Evidence of the 2007 Annual Meeting of the Association of American Law Schools.


Law & Politics: The Case Against Judicial Review Of Direct Democracy, Corey A. Johanningmeier Oct 2007

Law & Politics: The Case Against Judicial Review Of Direct Democracy, Corey A. Johanningmeier

Indiana Law Journal

This Note argues against strong judicial review of direct democracy. Judicial review has been the dominant answer in legal scholarship for the perceived danger of majoritarian tyranny in any democratic system. But Progressive movements throughout American history, as well as a growing number of respected law professors, have questioned the assumption that courts or even legislatures are better protectors of discrete and insular minorities than the rights-respecting populace. Although the vast majority of legal scholarship still displays a crippling cynicism about popular competence, this view cannot continue to block progressives from participating in initiative campaigns. Exclusive resort to elitist procedural …


Legislation And Legitimation: Congress And Insider Trading In The 1980s, Thomas W. Joo Jul 2007

Legislation And Legitimation: Congress And Insider Trading In The 1980s, Thomas W. Joo

Indiana Law Journal

Orthodox corporate law and economics holds that American corporate and securities regulation has evolved inexorably toward economic efficiency. That position is difficult to square with the fact that regulation is the product of government actors and institutions. Indeed, the rational behavior assumptions of law and economics suggest that those actors and institutions would tend to place their own self-interest ahead of economic efficiency. This Article provides anecdotal evidence of such self interest at work. Based on an analysis of legislative history-primarily congressional hearings-this Article argues that Congress had little interest in the economic policy effect of insider trading legislation in …


Medical Product Information Incentives And The Transparency Paradox, Daniel R. Cahoy Jul 2007

Medical Product Information Incentives And The Transparency Paradox, Daniel R. Cahoy

Indiana Law Journal

Recent allegations that essential safety and efficacy information is often suppressed by medical product manufacturers or poorly evaluated by regulators have led to calls for greater information transparency. The public is justifiably concerned that its ability to conduct an informed risk-benefit assessment of drugs and medical devices is compromised. Several changes have already been made to federal regulatory law and medical research policy to mandate greater disclosure and more changes are being considered. However, it is possible that these measures may backfire by enhancing significant tort-based economic disincentives for generating new information.I n other words, greater disclosure requirements could, paradoxically, …


Why Don't "Reasonable Women" Complain About Sexual Harassment?, L. Camille Hébert Jul 2007

Why Don't "Reasonable Women" Complain About Sexual Harassment?, L. Camille Hébert

Indiana Law Journal

No abstract provided.


Lies, Damned Lies, And Statistics? Structured Settlements, Factoring, And The Federal Government, Laura J. Koenig Jul 2007

Lies, Damned Lies, And Statistics? Structured Settlements, Factoring, And The Federal Government, Laura J. Koenig

Indiana Law Journal

No abstract provided.


A Republic Of The Mind: Cognitive Biases, Fiscal Federalism, And Section 164 Of The Tax Code, Brian Galle Jul 2007

A Republic Of The Mind: Cognitive Biases, Fiscal Federalism, And Section 164 Of The Tax Code, Brian Galle

Indiana Law Journal

No abstract provided.


When Plaintiffs Are Premium Planners For Their Injuries: A Fresh Look At The Fireman's Rule, Robert H. Heidt Jul 2007

When Plaintiffs Are Premium Planners For Their Injuries: A Fresh Look At The Fireman's Rule, Robert H. Heidt

Indiana Law Journal

No abstract provided.


Halos, Billboards, And The Taxation Of Charitable Sponsorships, Ethan G. Stone Apr 2007

Halos, Billboards, And The Taxation Of Charitable Sponsorships, Ethan G. Stone

Indiana Law Journal

No abstract provided.


Reconciling The Harvard And Chicago Schools: A New Antitrust Approach For The 21st Century, Thomas A. Piraino Jr. Apr 2007

Reconciling The Harvard And Chicago Schools: A New Antitrust Approach For The 21st Century, Thomas A. Piraino Jr.

Indiana Law Journal

No abstract provided.


Memorial To William R. Stewart, William B. Gould Iv Apr 2007

Memorial To William R. Stewart, William B. Gould Iv

Indiana Law Journal

This Memorial is based on remarks delivered at Arlington National Cemetery, February 27, 2004.


Rethinking Criminal Corporate Liability, Andrew Weissmann, David Newman Apr 2007

Rethinking Criminal Corporate Liability, Andrew Weissmann, David Newman

Indiana Law Journal

Under current federal law, a corporation, no matter how large or small, is criminally liable if a member of the organization commits a crime within the scope of employment and at least in part with the intent to benefit the company. This Article challenges that doctrine and contends that where it seeks to charge a corporation criminally, the government should bear the burden of establishing as an additional criminal element that the corporation failed to have reasonable policies and procedures to prevent the employee 's conduct. Narrowing the scope of criminal corporate liability is supported by the reasoning of a …


Constitutional Challenges To Indiana's Third-Party Custody Statutes, Kristen H. Fowler Apr 2007

Constitutional Challenges To Indiana's Third-Party Custody Statutes, Kristen H. Fowler

Indiana Law Journal

No abstract provided.


Not Just "Every Man": Revisiting The Journalist's Privilege Against Compelled Disclosure Of Confidential Sources, Jaime M. Porter Apr 2007

Not Just "Every Man": Revisiting The Journalist's Privilege Against Compelled Disclosure Of Confidential Sources, Jaime M. Porter

Indiana Law Journal

No abstract provided.


Simon Says: Time For A New Approach To Choice-Of-Law Questions In Indiana, Eric J. Mckeown Apr 2007

Simon Says: Time For A New Approach To Choice-Of-Law Questions In Indiana, Eric J. Mckeown

Indiana Law Journal

No abstract provided.


On Virtual Worlds: Copyright And Contract Law At The Dawn Of The Virtual Age, Erez Reuveni Apr 2007

On Virtual Worlds: Copyright And Contract Law At The Dawn Of The Virtual Age, Erez Reuveni

Indiana Law Journal

This Article argues that copyright law can and should apply to artistic and literary creations occurring entirely in virtual worlds. First, the Article introduces the concept of virtual worlds as places millions of people visit not only for entertainment but also for life and work. Second, the Article reviews the philosophical justifications for copyright, examines objections to applying copyright to virtual, rather than real, creative works, and concludes that neither precludes copyright for virtual creations. Third, the Article articulates how copyright law would function within virtual spaces and reviews copyrightable creations from the perspective of both game developers and players. …


Of Rules And Standards: Reconciling Statutory Limitations On "Arising Under" Jurisdiction, Richard D. Freer Apr 2007

Of Rules And Standards: Reconciling Statutory Limitations On "Arising Under" Jurisdiction, Richard D. Freer

Indiana Law Journal

No abstract provided.


Introduction To The Stewart Lecture Series, Lauren K. Robel Apr 2007

Introduction To The Stewart Lecture Series, Lauren K. Robel

Indiana Law Journal

William R. Stewart Lecture given at Indiana University School of Law-Bloomington on October 31, 2006.


Independent Adjudication, Political Process, And The State Of Labor-Management Relations: The Role Of The National Labor Relations Board, William B. Gould Iv Apr 2007

Independent Adjudication, Political Process, And The State Of Labor-Management Relations: The Role Of The National Labor Relations Board, William B. Gould Iv

Indiana Law Journal

William R. Stewart Lecture given at Indiana University School of Law-Bloomington on October 31, 2006.


The Bluebook At Eighteen: Reflecting And Ratifying Current Trends In Legal Scholarship, Christine Hurt Jan 2007

The Bluebook At Eighteen: Reflecting And Ratifying Current Trends In Legal Scholarship, Christine Hurt

Indiana Law Journal

No abstract provided.


The Impact Of Popular Culture On American Perceptions Of The Courts, David Ray Papke Jan 2007

The Impact Of Popular Culture On American Perceptions Of The Courts, David Ray Papke

Indiana Law Journal

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


Building Support For Strong, Fair, And Impartial Courts, Michael A. Wolff Jan 2007

Building Support For Strong, Fair, And Impartial Courts, Michael A. Wolff

Indiana Law Journal

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