Law Commons^™

Annual Report Of The Indiana Universiy Maurer School Of Law Digital Repository, 2017/18, Richard Vaughan

Digital Repository Annual Reports

A brief annual report documenting the use and growth of the Indiana University Maurer School of Law, Jerome Hall Law Library, Digital Repository. Includes lists of the most downloaded documents and attached Excel spreadsheets of data.

Masthead

Missouri Law Review

No abstract provided.

Faculty List

Missouri Law Review

No abstract provided.

Copyright

Missouri Law Review

No abstract provided.

A “Holding Company Exception” To Hertz?, Lauren Vincent

Missouri Law Review

After the Supreme Court of the United States announced in Hertz Corp. v. Friend that a corporation’s principal place of business is its “nerve center” – i.e., its “center of direction, control, and coordination” – the complexity associated with determining a corporation’s principal place of business seemed to be a thing of the past. Although the Hertz decision brought substantial clarity to the issue of corporate diversity jurisdiction, its one-size-fits-all test for determining principal place of business has proven less than straightforward when applied to modern corporate structures – notably, holding companies. This Note addresses one perplexing problem that Hertz’s …

Will Delaware Be Different? An Empirical Study Of Tc Heartland And The Shift To Defendant Choice Of Venue, Ofer Eldar, Neel U. Sukhatme

Cornell Law Review

Why do some venues evolve into litigation havens while others do not? Venues might compete for litigation for various reasons, like enhancing their judges’ prestige and increasing revenues for the local bar. This competition is framed by the party that chooses the venue. Whether plaintiffs or defendants primarily choose venue is crucial because, we argue, the two scenarios are not symmetrical.

The Supreme Court’s recent decision in TC Heartland LLC v. Kraft Foods LLC illustrates this dynamic. There, the Court effectively shifted venue choice in many patent infringement cases from plaintiffs to corporate defendants. We use TC Heartland to empirically …

You Are Not Cordially Invited: How Universities Maintain First Amendment Rights And Safety In The Midst Of Controversial On-Campus Speakers, Alyson R. Hamby

Cornell Law Review

Against a backdrop of national political turmoil, universities have experienced volatile reactions from their student bodies and outsiders in protest of the inflammatory speakers that schools host on their campuses. This Note discusses the tension between First Amendment protections and tort liability in the context of higher education. Specifically, it focuses on the interplay between controversial, on-campus speakers and the violent protests that arise in reaction to them. While examining this interaction, this Note emphasizes the legal duties of academic institutions in facilitating these on-campus speakers while also protecting their students’ constitutional rights and safety. In examining these conflicts, the …

Vol. 104, No. 1 Table Of Contents

Cornell Law Review

No abstract provided.

Making State Civil Procedure, Zachary D. Clopton

Cornell Law Review

State courts matter. Not only do state courts handle more than sixty times the number of civil cases as federal courts, but they also represent an important bulwark against the effects of federal procedural retrenchment. Yet state courts and state procedure are notably absent from the scholarly discourse.

In order to evaluate state procedure—and in order to understand the states’ relationship to federal procedural retrenchment— this Article presents the first comprehensive study of who makes state civil procedure. This project begins with a systematic review of the formal processes by which states make their rules of procedure. Many of the …

Wrongful Termi(Gay)Tion: A Comparative Analysis Of Employment Non-Discrimination Laws And The Lgbtq+ Workplace Protections In South Africa And The United States, Jared Ham

Cornell Law Review

Although the United States has made great strides toward equality for its LGBTQ+ citizens in recent years, South Africa has demonstrated far greater progress concerning equal protection and employment non-discrimination of its LGBTQ+ citizens. The South African Constitution, South African Constitutional Court cases, and laws passed by the South African Parliament all mandate that LGBTQ+ South Africans be treated equally to their heterosexual counterparts. Discrimination against LGBTQ+ South Africans is expressly forbidden— including in the employment context. The United States still lacks comprehensive federal employment non-discrimination laws or workplace protections for LGBTQ+ individuals. Extending Title VII—either via court decision or …

The Relationship Between Virginia School Divisions’ Anti-Bullying Policy Scores And The Percentage Of Student Offenses Of Bullying, Amber M. Zachry

Doctoral Dissertations and Projects

State laws and policies that adhere to U.S. Department of Education (USDOE)-recommended anti-bullying legislative components have been found to reduce rates of bullying in schools. No longer considered a normal or tolerated part of childhood and adolescence, state legislation and local policy regarding bullying have experienced substantial growth over the last decade. Consequently, state laws and local policies are currently a critical component in response to bullying behavior and yet, there is limited research that has investigated the relationship between anti-bullying policies and the prevalence of bullying. The purpose of this correlational study was to determine whether a relationship exists …

The Algorithm Game, Jane Bambauer, Tal Zarsky

Notre Dame Law Review

Most of the discourse on algorithmic decisionmaking, whether it comes in the form of praise or warning, assumes that algorithms apply to a static world. But automated decisionmaking is a dynamic process. Algorithms attempt to estimate some difficult-to-measure quality about a subject using proxies, and the subjects in turn change their behavior in order to game the system and get a better treatment for themselves (or, in some cases, to protest the system.) These behavioral changes can then prompt the algorithm to make corrections. The moves and countermoves create a dance that has great import to the fairness and efficiency …

Life In The Sweatbox, Pamela Foohey, Robert M. Lawless, Katherine Porter, Deborah Thorne

Notre Dame Law Review

The time before a person files bankruptcy is sometimes called the financial “sweatbox.” Using original data from the Consumer Bankruptcy Project, we find that people are living longer in the sweatbox before filing bankruptcy than they have in the past. We also describe the depletion of wealth and well-being that defines people’s time in the sweatbox. For those people who struggle for more than two years before filing bankruptcy—the “long strugglers”—their time in the sweatbox is particularly damaging. During their years in the sweatbox, long strugglers deal with persistent collection calls, go without healthcare, food, and utilities, lose homes and …

The Sharing Economy As An Equalizing Economy, John O. Mcginnis

Notre Dame Law Review

Economic equality is often said to be the key problem of our time. But information technology dematerializes the world in ways that are helpful to the ninety-nine percent, because information can be shared. This Article looks at how one fruit of the information revolution—the sharing economy—has important equalizing features on both its supply and demand sides. First, on the supply side, the intermediaries in the sharing economy, like Airbnb and Uber, allow owners of housing and cars to monetize their most important capital assets. The gig aspect of this economy creates spot markets in jobs that have flexible hours and …

Precedent In A Polarized Era, Zachary S. Price

Notre Dame Law Review

My Review begins below in Part I with a brief synopsis of Professor Kozel’s argument. Part II then discusses his theory’s particular value, and challenges, in our historical moment of acute polarization and political conflict over constitutional law. To make Part II’s claims more concrete, Part III then turns to Janus and Wayfair. It uses the two cases to illustrate pressures courts may face in the years ahead and assesses how well these decisions accord with Kozel’s theory. The Review ends with a conclusion reflecting more broadly on the importance of stare decisis and other institutional restraints in the current …

Inferentialism, Title Vii, And Legal Concepts, Lee Farnsworth

University of Chicago Law Review

We are all textualists now, or so it has been claimed. But textualism, the practice of interpreting statutes solely by reference to their words, is often associated with conservative judicial outcomes. This is especially true when a focus on statutory text is combined with the belief that the meanings of words are fixed. This combination creates a sort of textualist originalism, in which judges interpret statutes in accordance with what the words of a statute meant to the relevant linguistic community at the time of a statute’s enactment.

In reaction to this conservative interpretive method, rejecting textualism but keeping an …

Is Efficiency Biased?, Zachary Liscow

University of Chicago Law Review

Efficiency is a watchword in policy circles. If we choose policies that maximize people’s willingness to pay, we are told, we will grow the economic pie and thus benefit the rich and poor alike. Who would oppose efficiency when it is cast in this fashion?

However, there are actually two starkly different types of efficient policies: those that systematically distribute equally to the rich and the poor and those that systematically distribute more to the rich.

Our collective failure to grasp this distinction matters enormously for those with a wide range of political commitments. Many efficient policies distribute more to …

In Defense Of Territorial Jurisdiction, Cody J. Jacobs

University of Chicago Law Review

As the story is traditionally told, the minimum contacts test introduced in International Shoe v Washington freed personal jurisdiction from the dark age of territorialism and gave courts the flexibility to expand the scope of personal jurisdiction to keep pace with modern society. While scholars have critiqued the minimum contacts test on a number of grounds, the narrative that the Territorial Model was inherently problematic—and that Shoe was a step in the right direction— has gone largely unchallenged.

This Article challenges that narrative and argues for a return to the Territorial Model. While Shoe is traditionally cast as a step …

Murphy V. Ncaa: The Supreme Court's Latest Advance In Chemerinsky's "Federalism Revolution", Jonathan O. Ballard Jr.

Loyola of Los Angeles Law Review

No abstract provided.

Employing Older Prisoner Empirical Data To Test A Novel S 7 Charter Claim, Adelina Iftene

Articles, Book Chapters, & Popular Press

This article builds the case for expanding s 7 of the Charter of Canadian Rights and Freedoms to apply to prison regulations and decisions in the specific context of an aging prison population. As original empirical data shows, prisons are highly insensitive to age-related problems, and inappropriate or insufficient medical treatment receives official sanction from a wide range of correctional documents. The stark inadequacies of the current system endanger older prisoners’ security of the person, and sometimes their lives, in ways that violate their rights under s 7, since the deprivations they suffer result from legislative policies and state conduct …

Global Investment Rules As A Site For Moral Inquiry, Steven R. Ratner

Articles

The legal regime regulating cross-border investment gives key rights to foreign investors and places significant duties on states hosting that investment. It also raises distinctive moral questions due to its potential to constrain a state’s ability to manage its economy and protect its people. Yet international investment law remains virtually untouched as a subject of philosophical inquiry. The questions of international political morality surrounding investment rules can be mapped through the lens of two critiques of the law – that it systemically takes advantage of the global South and that it constrains the policy choices of states hosting investment. Each …

The Civil Rights Litigation Clearinghouse: Origins And Goals, Margo Schlanger

Articles

The Civil Rights Litigation Clearinghouse (http://clearinghouse.net) solves a significant information deficit related to civil rights litigation by posting information about thousands of ongoing and closed large-scale civil rights cases. Documents are OCR’d and searchable; cases are searchable by metadata tags as well as full-text searching. Each case has a litigation summary by a law student. We live in a civil rights era—a time when people are using the courts, among other strategies, to fight for civil rights. The Clearinghouse posts the records of those fights, the stories of civil rights cases—across topics, across regions, across organizations—and makes them searchable, usable, …

Religion, Discrimination, And Government Funding: Enforcing Civil Rights Law After Masterpiece Cakeshop And Trinity Lutheran, Public Rights/Private Conscience Project

Center for Gender & Sexuality Law

A memorandum published by the Law, Rights, and Religion Project at Columbia Law School (formerly the Public Rights/Private Conscience Project) that clarifies the responsibility of state and local human rights agencies and commissions to robustly enforce civil rights laws — particularly in the context of government-funded social services — in the wake of the Supreme Court’s decisions in Masterpiece Cakeshop v. Colorado Civil Rights Commission and Trinity Lutheran Church of Columbia, Inc. v. Comer

Professor Katherine Franke Files Amicus Briefs On Religious Liberty Claims Raised In Federal Prosecutions Of Activists In Arizona Who Left Water And Food In Desert For Migrants, Elizabeth Boylan

Center for Gender & Sexuality Law

On November 13, 2018, Katherine Franke, Sulzbacher Professor of Law, Gender and Sexuality Studies at Columbia University, submitted amicus briefs on behalf of seven scholars of religious liberty law in two cases in which the federal government is prosecuting members of the Tucson-based group No More Deaths/No Más Muertes.

Are Rights A Reality? Evaluating Federal Civil Rights Enforcement, International Association Of Official Human Rights Agencies (Iaohra), Human Rights Institute

Human Rights Institute

This comment draws upon prior submissions to UN human rights experts, and past resources and scholarship, as well as independent research conducted by the Columbia Law School Human Rights Institute, in partnership with state and local actors, including a 2018 survey of IAOHRA member agencies.

Updates To The Uncitral Legislative Guide On Privately Financed Infrastructure Projects, Brooke Guven, Motoko Aizawa

Columbia Center on Sustainable Investment Staff Publications

CCSI, jointly with The Observatory for Sustainable Infrastructure, submitted comments to the UNCITRAL Secretariat regarding updates to the UNCITRAL Legislative Guide on Privately Financed Infrastructure Projects. CCSI’s comments focused on the need for an updated guide, which will now refer to Public Private Partnerships, to holistically and systematically incorporate considerations of: (1) sustainable development and the SDGs, (2) rebalancing of the public versus private nature of PPPs, (3) transparency, participation, accountability, and remedy, (4) empirical evidence-based assessments of contexts in which PPPs may be desirable, (5) objectives of investment and PPPs, (6) human rights, (7) labor, (8) climate change, …

A Sign To Many No More: Supreme Court Of Missouri Casts Away Church’S Sign Variance, Matthew Neuman

Missouri Law Review

Depending on the context in which they are encountered, the consequences of land use zoning may be viewed either as a saving grace – preserving or prospectively safeguarding the locality to similar compatible uses – or as an obstacle to overcome – hindering the development potential or use of a piece of land. Although the level of concern may vary based upon the zoning district, homeowners in residential neighborhoods have a right to be particularly sensitive to adjacent land use. Part II of this Note explores the facts of Antioch Community Church v. Board of Zoning Adjustment of City of …

Trade And Development In An Era Of Multipolarity And Reterritorialization, Chantal Thomas

Cornell Law Faculty Publications

This essay will consider two phenomena emergent within international trade law and policy: multipolarity (the emergence of new global powers alongside existing hegemons) and reterritorialization (the rise, sometimes in quite virulent form, of economic nationalism as a basis for asserting State controls over, and barriers to, cross-border trade). These new dynamics present serious challenges and dangers. This essay will consider whether they might also create opportunities for reshaping the international economic order to be more supportive of the longstanding concerns of developing States. In doing so, the essay will elucidate key aspects of both the global political economy and the …

Table Of Contents

Missouri Law Review

No abstract provided.

Symposium: Truth, Trust And The First Amendment In The Digital Age: Foreword: Whither The Fourth Estate?, Lyrissa Lidsky

Missouri Law Review

As a professor of Media Law, I have devoted my career over the past quarter of a century to the idea that the press plays a special role in our democracy. That role is largely encapsulated by the concept of the press as Fourth Estate – an unofficial branch of government in our scheme of separation of powers that checks the power of the three official branches. In our constitutional scheme, the press is the watchdog that informs us what the legislative, executive, and judicial branches of government are up to and continually replenishes the stock of news – real …