Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 5 of 5
Full-Text Articles in Law
Rethinking Hiv-Exposure Crimes, Margo Kaplan
Rethinking Hiv-Exposure Crimes, Margo Kaplan
Indiana Law Journal
This Article challenges the current legislative and scholarly approaches to HIV-exposure crimes and proposes an alternative framework to address their flaws. Twenty-four states criminalize consensual sexual activities of people with HIV. Current statutes and the scholarship that supports them focus on HIV-positive status, sexual activity, and knowledge of HIV-positive status as proxies for risk, mental state, and consent to risk. As a result, they are dramatically over- and underinclusive and stigmatize individuals living with HIV. Criminalization should be limited to circumstances in which a defendant exposed her partner to a substantial degree of unassumed risk and did so with a …
Delaware’S Balancing Act, John Armour, Bernard S. Black, Brian R. Cheffins
Delaware’S Balancing Act, John Armour, Bernard S. Black, Brian R. Cheffins
Indiana Law Journal
Delaware’s courts and well-developed case law are widely seen as integral elements of Delaware’s success in attracting incorporations. However, as we show using empirical evidence involving reported judicial decisions and filed cases concerning large mergers and acquisitions, leveraged buyouts, and options backdating, Delaware’s popularity as a venue for corporate litigation is under threat. Today, a majority of shareholder suits involving Delaware companies are being brought and decided elsewhere. We examine in this Article the implications of this “out-of-Delaware” trend, emphasizing a difficult balancing act that Delaware faces. If Delaware accommodates litigation too readily, companies, fearful of lawsuits, may incorporate elsewhere. …
Using The Resource-Based Theory To Determine Covenant Not To Compete Legitimacy, Norman D. Bishara, David Orozco Professor
Using The Resource-Based Theory To Determine Covenant Not To Compete Legitimacy, Norman D. Bishara, David Orozco Professor
Indiana Law Journal
This Article addresses the legitimacy of competing interests involved in the enforcement of covenants not to compete (“noncompetes”). To date, the courts and legislatures have not relied on a principled theoretical framework to identify and assess the competing interests between firms and individuals in this setting. This Article fills the research void by providing a theoretical framework that identifies the legitimacy of these competing claims. The framework integrates managerial research involving the resource-based theory of the firm and the knowledge-based perspective of competitive advantage with the legal analysis and enforcement of noncompete terms. A descriptive framework of the parties’ competing …
Renewing The Chase: The First Amendment, Campaign Advertisements, And The Goal Of An Informed Citizenry, John Stewart Fleming
Renewing The Chase: The First Amendment, Campaign Advertisements, And The Goal Of An Informed Citizenry, John Stewart Fleming
Indiana Law Journal
No abstract provided.
The Arbitration Fairness Act: It Need Not And Should Not Be An All Or Nothing Proposition, Martin H. Malin
The Arbitration Fairness Act: It Need Not And Should Not Be An All Or Nothing Proposition, Martin H. Malin
Indiana Law Journal
Labor and Employment Law Under the Obama Administration: A Time for Hope and Change? Symposium held November 12-13, 2010, Indiana University Maurer School of Law, Bloomington, Indiana.