Law Commons^™

Abortion And The “Woman Question”: Forty Years Of Debate, Reva B. Siegel

Indiana Law Journal

This paper was presented as the Addison C. Harris Lecture at the Indiana University Maurer School of Law, Bloomington, Indiana, September 27, 2012.

From Disability To Usability In Online Instruction, Susan David Demaine

Articles by Maurer Faculty

This article is a primer on the work needed to ensure accessibility in online instruction. It discusses different disabilities, reviews relevant laws and standards, and explores the relationship between accessibility and the principles of universal design. The article introduces a number of best practices for creating accessibility in online instruction.

Learning From Conservation Planning For The U.S. National Wildlife Refuges, Robert L. Fischman, Vicky J. Meretsky

Articles by Maurer Faculty

The U.S. National Wildlife Refuge System has nearly completed its first round of unit-level, comprehensive conservation plans (CCPs) and will soon begin required revisions. Laws and policies governing refuge planning emphasize ecological integrity, landscape-scale conservation, and adaptive management. We evaluated 185 CCPs completed during 2005–2011, which cover 324 of 555 national wildlife refuges. We reviewed CCP prescriptions addressing 5 common conservation issues (habitat and game, nongame, imperiled, and invasive species) and 3 specialized topics (landscape-scale conservation, climate change, and environmental quality). Common conservation issues received prescriptions in >90% of CCPs. Specialized topics received more variable treatment. Prescriptions for aquatic connectivity, …

Vol. 47, No. 05 (September 29, 2014)

Indiana Law Annotated

No abstract provided.

Vol. 47, No. 04 (September 22, 2014)

Indiana Law Annotated

No abstract provided.

Vol. 47, No. 03 (September 15, 2014)

Indiana Law Annotated

No abstract provided.

Vol. 47, No. 02 (September 8, 2014)

Indiana Law Annotated

No abstract provided.

Vol. 47, No. 01 (September 2, 2014)

Indiana Law Annotated

No abstract provided.

Learning From Lin: Lessons And Cautions From The Natural Commons For The Knowledge Commons, Daniel H. Cole

Articles by Maurer Faculty

No abstract provided.

Bernard Campbell Gavit (Photograph)

Bernard Campbell Gavit (1933-1951)

Photograph of Bernard Gavit at his desk, pipe in hand.

2013.FAC.110b

The Role Government Should Play In The American Recovery And Reinvestment Act 2009, Jungmi Bang

Maurer Theses and Dissertations

The purpose of this research is to determine the most effective way to administer an economic stimulation act and what role the government should play. More specifically, the paper will discuss administrative problems and limitations, such as the government’s possible disengagement from the real market stake holders’ assessment in the ARRA and will provide possible solutions to eliminate or minimize those defects. Ultimately, the research seeks to satisfy the real market stake holders’ expectation by analyzing the pros and cons of the ARRA, and by comparing Korea’s administrative approach to adopting an economic stimulation plan in the real market with …

Iu Maurer School Of Law Creates Scholarship, Mentoring Programs With 4 Colleges, Mj Slaby

Austen Parrish (2014-2022)

No abstract provided.

Iu Maurer Dean Builds Relationships Beyond The Law School, Mary Odendahl

Austen Parrish (2014-2022)

No abstract provided.

New Dean's Full Agenda Leaves No Time For Decorating, Marilyn Odendahl

Austen Parrish (2014-2022)

No abstract provided.

The Visible Effects Of An Invisible Constitution: The Contested State Of Transdniestria's Search For Recognition Through International Negotiations, Nadejda Mazur

Maurer Theses and Dissertations

Most scholars agree that modern states share several defining characteristics: a population, territory, government, and the capacity to enter into international relations. More recently, this list has expanded to include the criteria of democracy, the rule of law, and the protection of human rights. These traditional and contemporary criteria for statehood are likewise essential for settling the status of de facto states, entities that seek international recognition yet are rebuffed by the world community.

By examining the criteria for international recognition from the perspective of constitutional law, this dissertation reveals the existing but overlooked relationship between the recognition process and …

Bottom-Up Workplace Law Enforcement, Charlotte S. Alexander, Arthi Prasad

Indiana Law Journal

This Article presents an original analysis of newly available data from a landmark survey of 4387 low-wage, front-line workers in the three largest U.S. cities. We analyze data on worker claims, retaliation, and legal knowledge to investigate what we call “bottom-up” workplace law enforcement, or the reliance of many labor and employment statutes on workers themselves to enforce their rights. We conclude that bottom-up workplace law enforcement may fail to protect the workers who are most vulnerable to workplace rights violations, as they often lack the legal knowledge and incentives to complain that are prerequisites for enforcement activity.

Screening Out Innovation: The Merits Of Meritless Litigation, Alexander A. Reinert

Indiana Law Journal

Courts and legislatures often conflate meritless and frivolous cases when balancing the desire to keep courthouse doors open to novel or unlikely claims against the concern that entertaining ultimately unsuccessful litigation will prove too costly for courts and defendants. Recently, significant procedural and substantive barriers to civil litigation have been informed by judicial and legislative assumptions about the costs of entertaining meritless and frivolous litigation. The prevailing wisdom is that eliminating meritless and frivolous claims as early in a case’s trajectory as possible will focus scarce resources on the truly meritorious cases, thereby ensuring that available remedies are properly distributed …

Unpopular Constitutionalism, Mila Versteeg

Indiana Law Journal

Constitutions are commonly thought to express nations’ highest values. They are often proclaimed in the name of “We the People” and are regarded—by scholars and the general public alike—as an expression of the people’s views and values. This Article shows empirically that this widely held image of constitutions does not correspond with the reality of constitution making around the world. The Article contrasts the constitutional-rights choices of ninety countries between 1981 and 2010 with data from nearly one-half million survey responses on cultural, religious, and social values conducted over the same period. It finds, surprisingly, that in this period, the …

Cultural Cognition Of Patents, Lisa Larrimore Ouellette

IP Theory

Simply making empirical progress is not always enough to influence policy, as demonstrated by the polarized public discourse over issues ranging from climate change to gun control. The current discourse over patents appears to have a similar pathology, in which cultural values — such as respect for strong property rights or concern about limiting access to knowledge — shape priors and affect the weight given to new information, such that advocates and policymakers on both sides of the patent wars often fail to acknowledge the ambiguity of existing evidence. This Essay suggests that the “cultural cognition” framework might help scholars …

Emerging Patterns Of Global Constitutionalization: Toward A Conceptual Framework, Karolina Milewicz

Indiana Journal of Global Legal Studies

Global constitutionalization is a recent phenomenon that is decisively changing the character of the international order. This argument was put forward recently by scholars of international law and has gained significance in the institutional school of thought. However, the notion of "global constitutionalization" is often used imprecisely and has so far been largely neglected in the field of international relations. It still lacks a consistent and operational definition, which would enable political scientists and international relations scholars to conduct empirical research. This article explores a preliminary framework for the concept of global constitutionalization.

Global Constitutionalism – Process and Substance, Symposium. …

Epistemologies Of The South And Human Rights: Santos And The Quest For Global And Cognitive Justice, Jose-Manuel Barreto

Indiana Journal of Global Legal Studies

This article offers an introduction to Boaventura de Sousa Santos's general philosophical orientation, explores the concepts of "abyssal thinking" and "epistemologies of the South," and draws consequences for the theory of human rights, taking into consideration the idea of rewriting the history of rights in the context of colonialism and Santos's proposal of a post-abyssal conception of rights and intercultural dialogue. This piece ends with some considerations on the cultural and political conditions for advancing a new understanding of human rights.

Making The Client's Peace: "Privatizing" Peace? Global Law Firms Offering Pro Bono Services In Post-Conflict Settings, Cindy Daase

Indiana Journal of Global Legal Studies

Lawyers of global law firms have begun to take on complex pro bono representations for clients in peace and constitution-building settings. These lawyers, who often cooperate across different offices of a global law firm, are not acting based on an external mandate but pursuant to an attorney-client relationship. The client is the source of authority and the owner of the process; yet, global law firms that serve pro bono clients are also a form of profit-making transnational corporation. In their day-today business they represent the interests of paying clients. This article will discuss whether and how such constellations can lead …

Regulating Water And War In Iraq: A Dangerous Dark Side Of New Governance, Tracey Leigh Dowdeswell, Patricia Hania

Indiana Journal of Global Legal Studies

In the legal scholarship, the 'new governance' mode of governance advances an administrative arrangement where decision-making is shared amongst a range of actors, both public and private. The flexible, responsive, and collaborative governance orientation is intended to counter the ill effects of a coercive, top-down, state-centric, command-and-control approach to governance. Critics contend the new governance framework can displace the interests of local communities, disempower individuals, and dislodge basic human rights. The U.S. military has adopted such an adaptive approach in its own governance structure, which in this article is referred to as: the new governance "mentality." This mentality of governance …

Class Actions, Conflict And The Global Economy, Hannah L. Buxbaum

Indiana Journal of Global Legal Studies

This essay is a lightly edited and footnoted version of a lecture delivered in April 2011 (video below) to inaugurate the John E. Schiller Chair in Legal Ethics at the Indiana University Maurer School of Law. It was previously published in FESTSCHRIPT FOR ROLF STCTRNER ZUM 70. GEBURTSTAG 1443 (Bruns et al. eds., Mohr Siebeck 2013).

Making The Machine Work: Technocratic Engineering Of Rights For Domestic Workers At The International Labour Organization, Leila Kawar

Indiana Journal of Global Legal Studies

In September 2013, the International Labour Organization (ILO) Convention concerning decent work for domestic workers entered into force, thereby bringing domestic workers into the mainstream of labor law. This article explores how the interests of the ILO's constituents were shaken up and reconfigured to build support for new labor protections amidst the shifting global context of deregulation. I argue that technocratic devices-charts, questionnaires, and paragraph formatting-wielded by ILO insiders contributed to this development by creating epistemic space for this new category of employees to be recognized and for consensus to be secured on appropriate labor standards for this group. I …

The Corporation, New Governance, And The Power Of The Publicization Narrative, Fenner Stewart

Indiana Journal of Global Legal Studies

The Corporation, New Governance, and the Power of the Publicization Narrative" takes a critical look at the idea of publicization and how it plays out within new governance. Publicization is a vague, but powerful, notion that the delegation of public power to for-profit agents-what John Braithwaite calls the 'privatization of the public" - will lead to such agents exercising this power as idealized public servants-what Braithwaite calls the "publicization of the private." This article argues that publicization of the private is a dangerous metaphor, which offers a romanticized picture of functionally efficient, decentered actors acting with the integrity of public …

The Politics Of Law And The Laws Of Politics: The Political Paradoxes Of Transnational Constitutionalism, Pablo Holmes

Indiana Journal of Global Legal Studies

This essay addresses the ongoing debate on transnational constitutionalism and the theoretical assumptions related to the possibilities of internal politicization of transnational governance. After reconstructing the debate on the transnationalization of law and the emergence of fragmented forms of transnational governance, I engage with the description of emerging forms of constitutional law within the fragmented legal regimes of global governance. After doing that, I explore the assumption exposed by some legal scholars, which insists on the possibility of an internal politicization of legal discourse as a way to challenge the so-called "rule of experts" in transnational law. Drawing on the …

Changing Tides: Tax Haven Reform And The Changing Views Of Transnational Capital Flow Regulation And The Role Of States In A Globalized World, Jeffrey Kraft

Indiana Journal of Global Legal Studies

The transnational free flow of capital represents one of the core factors driving the globalization of the world since the beginning of the Bretton-Woods era. Under the "traditional" Neoliberal theory of globalization, this free flow of capital remains sacrosanct, an unstoppable force with which state actors cannot and should not interfere. However, the recent financial crisis has caused some to question this absolute faith in the benefits of unregulated transnational capital flows and to assert that the state still has a role to play in influencing the creation of international norms on capital. Tax haven regulation represents one area that …

Removing Disfavored Faces From Facebook: The Freedom Of Speech Implications Of Banning Sex Offenders From Social Media, John Hitz

Indiana Law Journal

This Note scrutinizes the constitutionality of statutes that ban sex offenders who are no longer under any form of probation, parole, or supervised release from using social media. This Note argues that the incarnations of three of the social media ban statutes that have been examined by the federal judiciary were properly found unconstitutional because they violate the free speech rights of the sex offenders that they ban from social media. This Note goes on to argue that states can secure the interests they were seeking to protect in adopting these statutes through other means.

ng what groups of individuals …

A Trail To Modernity: Observations On The New Developments Of China's Evidence Legislation Movement In A Global Context, Jia Li, Zhuhao Wang

Indiana Journal of Global Legal Studies

China, like most other civil law countries, does not have a discrete evidence code. Rather, Chinese evidence rules are currently scattered among various procedural codes. Since the beginning of the twenty-first century, Chinese scholars and practitioners have advocated for specialized evidence legislation. As part of this movement, China issued numerous judicial interpretations of evidence law, amendments to existing procedural law, and experimental drafts of evidence statutes. For example, new amendments to the Civil Procedure Law and to the Criminal Procedure Law became effective on January 1, 2013. More recently, the Supreme People's Court led the efforts to create two experimental …