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Articles 1 - 30 of 48
Full-Text Articles in Law
An Assessment Of Latcrit Theory Ten Years After, Keith Aoki, Kevin R. Johnson
An Assessment Of Latcrit Theory Ten Years After, Keith Aoki, Kevin R. Johnson
Indiana Law Journal
Symposium: Latinos and Latinas at the Epicenter of Contemporary Legal Discourses. Indiana University School of Law-Bloomington, March 2007.
The Inter-American System Of Human Rights: Challenges For The Future, Claudio Grossman
The Inter-American System Of Human Rights: Challenges For The Future, Claudio Grossman
Indiana Law Journal
Symposium: Latinos and Latinas at the Epicenter of Contemporary Legal Discourses. Indiana University School of Law-Bloomington, March 2007.
The "Trial Of The Century" That Never Was: Staff Sgt. Macario Garcia, The Congressional Medal Of Honor, And The Oasis Cafè, Michael A. Olivas
The "Trial Of The Century" That Never Was: Staff Sgt. Macario Garcia, The Congressional Medal Of Honor, And The Oasis Cafè, Michael A. Olivas
Indiana Law Journal
Symposium: Latinos and Latinas at the Epicenter of Contemporary Legal Discourses. Indiana University School of Law-Bloomington, March 2007.
Freeriders And Diversity In The Legal Academy: A New Dirty Dozen List?, Ediberto Roman, Christopher B. Carbot
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 Gender Bend: Culture, Sex, And Sexuality- A Latcritical Human Rights Map Of Latina/O Border Crossings, Berta Esperanza Hernandez-Truyol
The Gender Bend: Culture, Sex, And Sexuality- A Latcritical Human Rights Map Of Latina/O Border Crossings, Berta Esperanza Hernandez-Truyol
Indiana Law Journal
Symposium: Latinos and Latinas at the Epicenter of Contemporary Legal Discourses. Indiana University School of Law-Bloomington, March 2007.
Privatizing Labor Law: Neutrality/Card Check Agreements And The Role Of The Arbitrator, Laura J. Cooper
Privatizing Labor Law: Neutrality/Card Check Agreements And The Role Of The Arbitrator, Laura J. Cooper
Indiana Law Journal
William R. Stewart Lecture given at Indiana University School of Law-Bloomington on November 13, 2007.
Balco, The Steroids Scandal, And What The Already Fragile Secrecy Of Federal Grand Juries Means To The Debate Over A Potential Federal Media Shield Law, Peter Meyer
Indiana Law Journal
No abstract provided.
Limiting The Federal Pardon Power, Kristen H. Fowler
Limiting The Federal Pardon Power, Kristen H. Fowler
Indiana Law Journal
No abstract provided.
Finding The "Income" In "Income Tax": A Look At Murphy V. Lr.S. And An Attempt To Pick Up Pieces Of Glenshaw Glass, Matthew J. O'Connor
Finding The "Income" In "Income Tax": A Look At Murphy V. Lr.S. And An Attempt To Pick Up Pieces Of Glenshaw Glass, Matthew J. O'Connor
Indiana Law Journal
No abstract provided.
Foreword: Latinos And The Law Symposium, Richard Delgado, Jean Stefancic
Foreword: Latinos And The Law Symposium, Richard Delgado, Jean Stefancic
Indiana Law Journal
Symposium: Latinos and Latinas at the Epicenter of Contemporary Legal Discourses. Indiana University School of Law-Bloomington, March 2007.
"Go After The Women": Mothers Against Illegal Aliens' Campaign Against Mexican Immigrant Women And Their Children, Mary Romero
"Go After The Women": Mothers Against Illegal Aliens' Campaign Against Mexican Immigrant Women And Their Children, Mary Romero
Indiana Law Journal
Symposium: Latinos and Latinas at the Epicenter of Contemporary Legal Discourses. Indiana University School of Law-Bloomington, March 2007.
Exploring The Use Of The Word "Citizen" In Writings On The Fourth Amendment, M. Isabel Medina
Exploring The Use Of The Word "Citizen" In Writings On The Fourth Amendment, M. Isabel Medina
Indiana Law Journal
Symposium: Latinos and Latinas at the Epicenter of Contemporary Legal Discourses. Indiana University School of Law-Bloomington, March 2007.
"Latinas/Os" And The Politics Of Knowledge Production: Latcrit Scholarship And Academic Activism As Social Justice Action, Margaret E. Montoya, Francisco Valdes
"Latinas/Os" And The Politics Of Knowledge Production: Latcrit Scholarship And Academic Activism As Social Justice Action, Margaret E. Montoya, Francisco Valdes
Indiana Law Journal
Symposium: Latinos and Latinas at the Epicenter of Contemporary Legal Discourses. Indiana University School of Law-Bloomington, March 2007.
Against Individualized Consideration, Cristina M. Rodriguez
Against Individualized Consideration, Cristina M. Rodriguez
Indiana Law Journal
Symposium: Latinos and Latinas at the Epicenter of Contemporary Legal Discourses. Indiana University School of Law-Bloomington, March 2007.
Only Skin Deep?: The Cost Of Partisan Politics On Minority Diversity Of The Federal Bench, Sylvia R. Lazos Vargas
Only Skin Deep?: The Cost Of Partisan Politics On Minority Diversity Of The Federal Bench, Sylvia R. Lazos Vargas
Indiana Law Journal
Symposium: Latinos and Latinas at the Epicenter of Contemporary Legal Discourses. Indiana University School of Law-Bloomington, March 2007.
Straight From The Mouth Of The Volcano: The Lowdown On Law, Language, And Latin@S, Ȧngel R. Oquendo
Straight From The Mouth Of The Volcano: The Lowdown On Law, Language, And Latin@S, Ȧngel R. Oquendo
Indiana Law Journal
Symposium: Latinos and Latinas at the Epicenter of Contemporary Legal Discourses. Indiana University School of Law-Bloomington, March 2007.
Entering The Fog: On The Borderlines Of Mental Capacity, Jonathan Herring
Entering The Fog: On The Borderlines Of Mental Capacity, Jonathan Herring
Indiana Law Journal
George P. Smith II Lecture at Indiana University School of Law-Bloomington on September 12, 2007.
The Land That Democratic Theory Forgot, Luis Fuentes-Rohwer
The Land That Democratic Theory Forgot, Luis Fuentes-Rohwer
Indiana Law Journal
The island of Puerto Rico is officially designated as an unincorporated United States territory. Acquired by the United States in the aftermath of the Spanish- American war, the status of the island offers innumerable lessons and puzzles for students of the law of democracy and constitutional law. Begin with the fact that citizens ofPuerto Rico-U.S. citizens at birth-cannot vote in federal elections but are subject to the plenary powers of Congress. How do we justify this condition under American constitutional values and basic tenets of democratic theory? Looking to the moment of acquisition, how may we reconcile the acquisition of …
Research With Decisionally Incapacitated Human Subjects: An Argument For A Systemic Approach To Risk-Benefit Assessment, Carl H. Coleman
Research With Decisionally Incapacitated Human Subjects: An Argument For A Systemic Approach To Risk-Benefit Assessment, Carl H. Coleman
Indiana Law Journal
The amount of medical research with persons who lack decision-making capacity is rapidly increasing, but in most states it takes place without clear legal authority. In addition to creating significant liability risks for researchers and persons who provide consent on behalf of incapacitated subjects, the lack of explicit legal standards means that few, if any, safeguards exist to protect incapacitated persons' rights and welfare. Previous efforts to close the gap between clinical reality and legal requirements have failed in part because they have not provided a coherent or persuasive ethical justification for permitting this research. This Article seeks to fill …
Crime, Legitimacy, And Testilying, I. Bennett Capers
Crime, Legitimacy, And Testilying, I. Bennett Capers
Indiana Law Journal
No abstract provided.
The Style Of A Skeptic: The Opinions Of Chief Justice Roberts, Laura Krugman Ray
The Style Of A Skeptic: The Opinions Of Chief Justice Roberts, Laura Krugman Ray
Indiana Law Journal
No abstract provided.
Re-Evaluating Declaratory Judgment Jurisdiction In Intellectual Property Disputes, Lorelei Ritchie De Larena
Re-Evaluating Declaratory Judgment Jurisdiction In Intellectual Property Disputes, Lorelei Ritchie De Larena
Indiana Law Journal
The Declaratory Judgment Act of 1934 was quickly tagged by the US. Supreme Court as a simple procedural measure. That said, the addition of the declaratory judgment option has dramatically increased the rights of would-be defendants. This is of special interest in patent law, where without the ability to initiate legal action, an alleged infringer would typically have no recourse but to either drop a lucrative business and lose a massive investment, or to languish in legal limbo while potentially accruing liability for treble damages. The option of a mirror-image lawsuit removes the patentee's ability to decide unilaterally when, where-and, …
Maintaining Government Accountability: Calls For A "Public Use" Beyond Eminent Domain, Gregory S. Knapp
Maintaining Government Accountability: Calls For A "Public Use" Beyond Eminent Domain, Gregory S. Knapp
Indiana Law Journal
No abstract provided.
The Limits Of Offshoring-Why The United States Should Keep Enforcement Of Human Rights Standards "In-House", John Mckenzie
The Limits Of Offshoring-Why The United States Should Keep Enforcement Of Human Rights Standards "In-House", John Mckenzie
Indiana Law Journal
No abstract provided.
Mergers, Taxes, And Historical Materialism, Ajay K. Mehrotra
Mergers, Taxes, And Historical Materialism, Ajay K. Mehrotra
Indiana Law Journal
In the last few years, corporate mergers and acquisitions witnessed explosive growth. Although more recent market conditions have halted the latest merger movement, scholars and commentators have used the earlier rise in merger activity to reevaluate the preferential tax treatment granted to those mergers and acquisitions that fall under the U.S. tax law's definition of a corporate "reorganization. " Under the current Internal Revenue Code, neither shareholders nor corporations recognize gain or loss on the exchange of stock or securities in transactions that qualify as a "corporate reorganization." The significance of this tax rule raises a central question: why does …
Insuring Corporate Crime, Miriam Hechler Baer
Insuring Corporate Crime, Miriam Hechler Baer
Indiana Law Journal
Corporate criminal liability has become an important and much-talked about topic. This Article argues that entity-based liability-particularly the manner in which it is currently applied by the federal government---creates social costs in excess of its benefits. To help companies better deter employee crime, the Article suggests the abolition of entity-wide criminal liability, and in its place, the adoption of an insurance system, whereby carriers would examine corporate compliance programs, estimate the risk that a corporation's employees would commit crimes, and then charge companies for insuring those risks. The insurance would cover civil penalties associated with the entity's employee-related criminal conduct. …
Measuring Outcomes: Post-Graduation Measures Of Success In The U.S. News & World Report Law School Rankings, Andrew P. Morris, William D. Henderson
Measuring Outcomes: Post-Graduation Measures Of Success In The U.S. News & World Report Law School Rankings, Andrew P. Morris, William D. Henderson
Indiana Law Journal
The U.S. News & World Report annual rankings play a key role in ordering the market for legal education, and, by extension, the market for entry level lawyers. This Article explores the impact and evolution of placement and post-graduation data, which are important input variables that comprise twenty percent of the total rankings methodology. In general, we observe clear evidence that law schools are seeking to maximize each placement and post-graduation input variable. During the 1997 to, 2006 time period, law schools in all four tiers posted large average gains in employment rates upon graduation and nine months, which appear …
Forward, John S. Applegate, Robert L. Fischman
Forward, John S. Applegate, Robert L. Fischman
Indiana Law Journal
Scientific information has become a centralr ationalef or environmental regulation, and scientific uncertainty is viewed as a major obstacle in developing, justifying, and enforcing environmental laws and policies. In the context of environmental regulation, scientific information may be analyzed as subject to both supply and demand. A regulatory system that supplies more scientific information than it demands can operate effectively to impose protective regulation. By contrast, a system that demands more information than it supplies will face a "data gap "and will fail to accomplish its protective goals. The data gap can be addressed by applying regulatory techniques that increase …
Data Gaps In Natural Resource Management: Sniffing For Leaks Along The Information Pipeline, Holly Doremus
Data Gaps In Natural Resource Management: Sniffing For Leaks Along The Information Pipeline, Holly Doremus
Indiana Law Journal
Despite wide recognition that natural resource management decisions are heavily dependent on the supply of scientific information, little attention has been paid to the processes by which that information is supplied. This paper lays out the key steps of the information supply pipeline, which include exploration, extraction, refining, blending, distribution, and consumption. Leaks in the pipeline can occur at any of these steps, interrupting the supply of information to decision makers. Because information supply is contextual and complex, no universal fix can address all information shortfalls. Nonetheless, several general recommendations emerge. First, decision makers must recognize the limits of scientific …
Information Generation And Use Under Proposition 65: Model Provisions For Other Postmarket Laws?, Carl Cranor
Information Generation And Use Under Proposition 65: Model Provisions For Other Postmarket Laws?, Carl Cranor
Indiana Law Journal
Symposium: Missing Information: The Scientific Data Gap in Conservation and Chemical Regulation, held on March 24, 2006 at Indiana University School of Law- Bloomington.