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Articles 31 - 60 of 206
Full-Text Articles in Law
Civil Judicial Subsidy, Brendan S. Maher
Keep Off The Grass!: An Alternative Approach To The Gun Control Debate, Lance Lindeen
Keep Off The Grass!: An Alternative Approach To The Gun Control Debate, Lance Lindeen
Indiana Law Journal
No abstract provided.
Brilliant Disguise: An Empirical Analysis Of A Social Experiment Banning Affirmative Action, Deirdre M. Bowen
Brilliant Disguise: An Empirical Analysis Of A Social Experiment Banning Affirmative Action, Deirdre M. Bowen
Indiana Law Journal
No abstract provided.
Entitled To Be Heard: Improving Evidence-Based Policy Making Through Audience And Public Reason, Will Rhee
Entitled To Be Heard: Improving Evidence-Based Policy Making Through Audience And Public Reason, Will Rhee
Indiana Law Journal
No abstract provided.
Frames Of Injustice: The Bias We Overlook, Adam Benforado
Frames Of Injustice: The Bias We Overlook, Adam Benforado
Indiana Law Journal
The Cultural Cognition Project (CCP) at Yale Law School and the Project on Law and Mind Sciences (PLMS) at Harvard Law School draw on similar research and share a similar goal of uncovering the dynamics that shape risk perceptions, policy beliefs, and attributions underlying our laws and legal theories. Nonetheless, the projects have failed to engage one another in a substantial way. This Article attempts to bridge that gap by demonstrating how the approach taken by PLMS scholars can crucially enrich CCP scholarship. As a demonstration, this Article engages the case of Scott v. Harris, 550 US. 372 (2007), the …
Presidential Leadership And Civil Rights Lawyering In The Era Before Brown, Lynda G. Dodd
Presidential Leadership And Civil Rights Lawyering In The Era Before Brown, Lynda G. Dodd
Indiana Law Journal
No abstract provided.
Unfettered Discretion: Criminal Orders Of Protection And Their Impact On Parent Defendants, David Michael Jaros
Unfettered Discretion: Criminal Orders Of Protection And Their Impact On Parent Defendants, David Michael Jaros
Indiana Law Journal
The last two decades have witnessed an astonishing increase in the use of the criminal justice system to police neglectful parents. Recasting traditional allegations of neglect as criminal charges of endangering the welfare of a child, prosecutors and the police have involved criminal courts in the regulation of aspects of the parent-child relationship that were once the sole province of family courts. This Article explores the legal implications of vesting judges in these cases with the unfettered discretion to issue protective orders that criminalize contact between a parent and her child.I argue that procedures for issuing protective orders that were …
Perspective And Point Of View On Affirmative Action, Kevin D. Brown
Perspective And Point Of View On Affirmative Action, Kevin D. Brown
Indiana Law Journal
No abstract provided.
"Why Rebottle The Genie?": Capitalizing On Closure In Death Penalty Proceedings, Jody L. Madeira
"Why Rebottle The Genie?": Capitalizing On Closure In Death Penalty Proceedings, Jody L. Madeira
Indiana Law Journal
Closure, though a term with great rhetorical force in the capital punishment context, has to date evaded systematic analysis, instead becoming embroiled in ideological controversy. For victims who have rubbed the rights lamp for years, inclusion in capital proceedings and accompanying closure opportunities are perceived as a force with the potential to grant wishes of peace and finality. Scholars, however, argue for rebottling the closure genie lest closure itself prove false or its pursuit violate a defendant's constitutional rights. In order to effectively appraise the relationship of closure to criminal jurisprudence, however, and thus to decide whether and to what …
Vol. 39, No. 05 (September 27, 2010)
Vol. 39, No. 04 (September 20, 2010)
Vol. 39, No. 03 (September 13, 2010)
Vol. 39, No. 02 (September 6, 2010)
September/October 2010 Newsletter
Vol. 39, No. 01 (August 30, 2010)
Introduction: Transatlantic Perspectives On Law, Security And Power: A German/American Dialogue On Nato’S 60th Anniversary
Indiana Journal of Global Legal Studies
Transatlantic Perspectives on Law, Security and Power: A German/American Dialogue on NATO’s 60th Anniversary, Symposium.
Nato At Sixty: American Between Law And War, Mary Ellen O'Connell
Nato At Sixty: American Between Law And War, Mary Ellen O'Connell
Indiana Journal of Global Legal Studies
NATO was founded to counter the Soviet Union and the Warsaw Treaty Organization. Both have been gone for over twenty years. So why is NATO still here? Part of the explanation may lie in Americans' strong belief in the efficacy of military force. NATO remains associated in Americans' minds with the greatest time of U.S. military power. Yet, the United States also has a strong commitment to the rule of law. The country appears overdue for a return to this other commitment. We should not be surprised to soon see the United States promoting international law again-and that could mean …
Germany's Basic Law And The Use Of Force, Russell A. Miller
Germany's Basic Law And The Use Of Force, Russell A. Miller
Indiana Journal of Global Legal Studies
The German Basic Law's Regime for the use of force is evidence of and an explanation for the deep difference between Germany and the United States on security matters. It also might say something more grand about the power of law to constrain force.
Transatlantic Perspectives on Law, Security and Power: A German/American Dialogue on NATO’s 60th Anniversary, Symposium.
Trading Debts Across Borders: A European Solution (Snyder Lecture), Richard Fentiman
Trading Debts Across Borders: A European Solution (Snyder Lecture), Richard Fentiman
Indiana Journal of Global Legal Studies
On April 7, 2009, Richard Fentiman delivered the tenth annual Snyder Lecture at the Indiana University Maurer School of Law.
Recent Developments In Stem Cell Research: Social, Ethical, And Legal Issues For The Future (George P. Smith Ii Lecture), Loane Skene
Indiana Journal of Global Legal Studies
On February 12, 2009, Professor Skene delivered the George P. Smith II Lecture at the Indiana University Maurer School of Law.
The Plea Jury, Laura I. Appleman
The Plea Jury, Laura I. Appleman
Indiana Law Journal
This Article argues that it is time to reform the much-criticized plea-bargaining process by restoring the Sixth Amendment jury trial right back to criminal adjudication. My proposal would incorporate the local community into the guilty-plea procedure through the use of a plea jury, thus solving a multitude of problems within the criminal justice system. In a plea jury, a lay panel of citizens would listen to the defendant's allocution and determine the acceptability of the plea and sentence, reinvigorating the community's right to determine punishment for offenders. My goal is to return the Sixth Amendment community-jury right to its proper …
When Is An Alternative Forum Available? Rethinking The Forum Non Conveniens Analysis, Joel H. Samuels
When Is An Alternative Forum Available? Rethinking The Forum Non Conveniens Analysis, Joel H. Samuels
Indiana Law Journal
No abstract provided.
Patent Challenges And Royalty Inflation, Michael Risch
Patent Challenges And Royalty Inflation, Michael Risch
Indiana Law Journal
No abstract provided.
Who's Responsible For This? The Globalization Of Healthcare In Developing Countries, Joshua P. Reading
Who's Responsible For This? The Globalization Of Healthcare In Developing Countries, Joshua P. Reading
Indiana Journal of Global Legal Studies
One aspect of globalization in the developed world is the privatization of services once provided by government. This trend is also arising in developing countries, albeit for different reasons, and an area where this privatization is occurring is healthcare. Despite this privatization, the standard of healthcare in many developing countries is unacceptably low. This Note provides an analysis of this phenomenon in one country-Pakistan, a developing country that has increasingly come to rely on private providers, nongovernmental organizations, and international relief groups for the provision of healthcare-in order to draw conclusions that can be applied elsewhere. While this privatization does …
It's A Pirate's Life For Some: The Development Of An Illegal Industry In Response To An Unjust Global Power Dynamic, Elliot A. Anderson
It's A Pirate's Life For Some: The Development Of An Illegal Industry In Response To An Unjust Global Power Dynamic, Elliot A. Anderson
Indiana Journal of Global Legal Studies
This Note discusses the domestic and international economic effects of the recent surge of piracy off the coast of Somalia, and uses Somali piracy as a method of exploring conflicting ideological conditions that arise from globalization. In exploring the underlying motivations for this trend, it identifies a dichotomy between primary needs satisfaction within underdeveloped nations and the satisfaction of secondary interests in developed nations, and explains how globalization may be exacerbating the turn toward piracy. This Note first discusses the recent rise in piracy and then explores how the contemporary history of Somalia has engendered the upsurge. Next, it considers …
Two Birds, One Stone: Achieving Corporate Social Responsibility Through The Shareholder-Primacy Norm, Marshall M. Magaro
Two Birds, One Stone: Achieving Corporate Social Responsibility Through The Shareholder-Primacy Norm, Marshall M. Magaro
Indiana Law Journal
No abstract provided.
Women's Employment Rights In China: Creating Harmony For Women In The Workplace, Jamie Burnett
Women's Employment Rights In China: Creating Harmony For Women In The Workplace, Jamie Burnett
Indiana Journal of Global Legal Studies
This Note explores the global problem of gender-based labor inequality as exemplified in China. China's historic and cultural framework, the efforts the Chinese government has made to coordinate with the global community on women's rights initiatives, and recent legislation passed at both national and local levels in China provide an interesting case study for countries facing gender inequality in the workplace. The items of legislation, though sometimes drafted using international treaties as a framework, contain unique provisions that provide protections for Chinese women that are not seen elsewhere in the world. Additionally, the Chinese government's current political goal of achieving …
Seeking Civilian Control: Rule Of Law, Democracy, And Civil-Military Relations In Zimbabwe, Jeremiah I. Williamson
Seeking Civilian Control: Rule Of Law, Democracy, And Civil-Military Relations In Zimbabwe, Jeremiah I. Williamson
Indiana Journal of Global Legal Studies
Rule of law and democratic reform projects often concern lofty questions of constitutional law. But in many countries desperate for reform, deeply entrenched social and political problems present preconditions to any discussion of constitutional reforms aimed at democracy and the rule of law. Zimbabwe is one such nation, which like many others faces the problem of military intervention into domestic politics. This Note examines structural and historical aspects of Zimbabwe's military problem and utilizes the theory of objective civilian control to demonstrate the plausibility of meaningful reforms. In so doing, this Note provides a demonstrative model for reforming civilmilitary relations …
The Need For A Global Amateurism Standard: International Student Issues And Controversies, Erin Abbey-Pinegar
The Need For A Global Amateurism Standard: International Student Issues And Controversies, Erin Abbey-Pinegar
Indiana Journal of Global Legal Studies
Due to the immense pressure to recruit highly talented prospects and an overwhelming desire to have winning college athletics programs, the recruitment of international prospective student-athletes at NCAA Division I institutions has drastically increased in recent years. NCAA rules founded on localized amateurism ideals are now being applied on a global scale, in countries where there is no similar concept of amateur athletes. This Note argues that the current NCAA amateurism rules inadequately address the potential amateur issues related to prospective student-athletes from various countries. Examples and evidence of the difficulties of apply localized amateur rules to international recruits are …
A Review Of Making People Illegal: What Globalization Means For Migration And Law, By Catherine Dauvergne, Andy Williams
A Review Of Making People Illegal: What Globalization Means For Migration And Law, By Catherine Dauvergne, Andy Williams
Indiana Journal of Global Legal Studies
No abstract provided.