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Maurer School of Law: Indiana University

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Articles 391 - 420 of 874

Full-Text Articles in Courts

The Retributive Theory Of "Just Deserts" And Victim Participation In Plea Bargaining, David A. Starkweather Jul 1992

The Retributive Theory Of "Just Deserts" And Victim Participation In Plea Bargaining, David A. Starkweather

Indiana Law Journal

No abstract provided.

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Bankruptcy In The Seventh Circuit: 1991, Douglass Boshkoff Jan 1992

Bankruptcy In The Seventh Circuit: 1991, Douglass Boshkoff

Articles by Maurer Faculty

No abstract provided.

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Court Reform: A View From The Bottom, Julia C. Lamber, Mary Lee Luskin Jan 1992

Court Reform: A View From The Bottom, Julia C. Lamber, Mary Lee Luskin

Articles by Maurer Faculty

No abstract provided.

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Judge And Jury Roles In Equivalents Analysis: Commentary On Malta V. Schulmerich Carillons, Mark D. Janis Jan 1992

Judge And Jury Roles In Equivalents Analysis: Commentary On Malta V. Schulmerich Carillons, Mark D. Janis

Articles by Maurer Faculty

In Malta v. Schulmerich Carillons Inc. a divided panel of the Federal Circuit affirmed a JNOV granted on a jury verdict of infringement under the doctrine of equivalents. In so doing, the panel majority confirmed the applicability of guidelines from previous cases for determining the threshold level of evidence necessary to get the equivalents issue to the jury. This paper argues that despite powerful criticism from the dissent, the common sense guidelines articulated in theMalta majority opinion are not only necessary, but are appropriate. Indeed, the paper argues that the Malta guidelines are fundamental to the equivalents analysis, and …

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Starting From Scratch: Rethinking Federal Habeas Review Of Death Penalty Cases, Joseph L. Hoffmann Jan 1992

Starting From Scratch: Rethinking Federal Habeas Review Of Death Penalty Cases, Joseph L. Hoffmann

Articles by Maurer Faculty

No abstract provided.

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Thinking About Elephants: Admonitions, Empirical Research And Legal Policy, J. Alexander Tanford Jan 1992

Thinking About Elephants: Admonitions, Empirical Research And Legal Policy, J. Alexander Tanford

Articles by Maurer Faculty

No abstract provided.

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Kids Behind Bars: The Legality Of Incarcerating Juveniles In Adult Jails, Kristina H. Chung Oct 1991

Kids Behind Bars: The Legality Of Incarcerating Juveniles In Adult Jails, Kristina H. Chung

Indiana Law Journal

No abstract provided.

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The Heileman Power: Well-Honed Tool Or Blunt Instrument?, Thomas A. Tozer Oct 1991

The Heileman Power: Well-Honed Tool Or Blunt Instrument?, Thomas A. Tozer

Indiana Law Journal

No abstract provided.

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What's In A Name? The Constitutionality Of Multiple "Supreme" Courts, David E. Engdahl Apr 1991

What's In A Name? The Constitutionality Of Multiple "Supreme" Courts, David E. Engdahl

Indiana Law Journal

No abstract provided.

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Authoritarianism And The Rule Of Law, Lynne Henderson Apr 1991

Authoritarianism And The Rule Of Law, Lynne Henderson

Indiana Law Journal

No abstract provided.

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Selecting Impartial Juries: Must Ignorance Be A Virtue In Our Search For Justice -- Welcome And Statement Of The Issue, Fred H. Cate, Newton N. Minow Jan 1991

Selecting Impartial Juries: Must Ignorance Be A Virtue In Our Search For Justice -- Welcome And Statement Of The Issue, Fred H. Cate, Newton N. Minow

Articles by Maurer Faculty

No abstract provided.

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Eighteen Feet Of Clay: Thoughts On Phantom Rule 4(M), Gene R. Shreve Jan 1991

Eighteen Feet Of Clay: Thoughts On Phantom Rule 4(M), Gene R. Shreve

Indiana Law Journal

No abstract provided.

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City And Town Courts: Mapping Their Dimensions, Julia C. Lamber, Mary Lee Luskin Jan 1991

City And Town Courts: Mapping Their Dimensions, Julia C. Lamber, Mary Lee Luskin

Indiana Law Journal

No abstract provided.

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Religious Purpose, Inerrancy, And The Establishment Clause, Daniel O. Conkle Jan 1991

Religious Purpose, Inerrancy, And The Establishment Clause, Daniel O. Conkle

Indiana Law Journal

No abstract provided.

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Enforcing United Nations Decisions In Domestic Courts, Mary Ellen O'Connell Jan 1991

Enforcing United Nations Decisions In Domestic Courts, Mary Ellen O'Connell

Articles by Maurer Faculty

No abstract provided.

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Pragmatism Without Politics -- A Half Measure Of Authority For Jurisdictional Common Law, Gene R. Shreve Jan 1991

Pragmatism Without Politics -- A Half Measure Of Authority For Jurisdictional Common Law, Gene R. Shreve

Articles by Maurer Faculty

No abstract provided.

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Law Reform By Courts, Legislatures, And Commissions Following Empirical Research On Jury Instructions, J. Alexander Tanford Jan 1991

Law Reform By Courts, Legislatures, And Commissions Following Empirical Research On Jury Instructions, J. Alexander Tanford

Articles by Maurer Faculty

Empirical research demonstrates that jurors have difficulty understanding and following traditional instructions about the law. The social science literature recommends several procedural reforms, including giving important instructions at the start of the trial and providing jurors with written instructions. This article examines changes in the law following the publication of this social science research, comparing courts, legislatures and rule-making commissions. Analysis reveals that although all three institutions are dominated by lawyers, they have acted differently. Commissions have made substantial changes in the law consistent with the recommendations of social scientists, legislatures have made few changes, and courts have changed case …

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The Politics Of Crisis In The Federal Courts, Lauren K. Robel Jan 1991

The Politics Of Crisis In The Federal Courts, Lauren K. Robel

Articles by Maurer Faculty

No abstract provided.

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Bankruptcy In The Seventh Circuit: 1989-1990, Douglass Boshkoff Jan 1991

Bankruptcy In The Seventh Circuit: 1989-1990, Douglass Boshkoff

Articles by Maurer Faculty

No abstract provided.

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Recent Supreme Court Employment Law Decisions, 1990-91, Terry A. Bethel Jan 1991

Recent Supreme Court Employment Law Decisions, 1990-91, Terry A. Bethel

Articles by Maurer Faculty

No abstract provided.

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Who Is An Impartial Juror In An Age Of Mass Media?, Fred H. Cate, Newton N. Minow Jan 1991

Who Is An Impartial Juror In An Age Of Mass Media?, Fred H. Cate, Newton N. Minow

Articles by Maurer Faculty

No abstract provided.

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The Solicitor General And The Evolution Of Activism, James L. Cooper Jul 1990

The Solicitor General And The Evolution Of Activism, James L. Cooper

Indiana Law Journal

No abstract provided.

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Resolving Retroactivity After: Teague V. Lane, Ellen E. Boshkoff Jul 1990

Resolving Retroactivity After: Teague V. Lane, Ellen E. Boshkoff

Indiana Law Journal

No abstract provided.

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Substantive Due Process Analysis And The Lockean Liberal Tradition: Rethinking The Modern Privacy Cases, Jeffrey S. Koehlinger Jul 1990

Substantive Due Process Analysis And The Lockean Liberal Tradition: Rethinking The Modern Privacy Cases, Jeffrey S. Koehlinger

Indiana Law Journal

No abstract provided.

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Forward: Paul Bator: Legislative And Administrative Courts Under Article Iii Symposium, Patrick L. Baude Apr 1990

Forward: Paul Bator: Legislative And Administrative Courts Under Article Iii Symposium, Patrick L. Baude

Indiana Law Journal

Symposium: Paul Bator: Legislative and Administrative Courts Under Article III

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The Constitution As Architecture: Legislative And Administrative Courts Under Article Iii, Paul M. Bator Apr 1990

The Constitution As Architecture: Legislative And Administrative Courts Under Article Iii, Paul M. Bator

Indiana Law Journal

Symposium: Paul Bator: Legislative and Administrative Courts Under Article III

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The Constitution As Architecture: A Charette, Larry Kramer Apr 1990

The Constitution As Architecture: A Charette, Larry Kramer

Indiana Law Journal

Symposium: Paul Bator: Legislative and Administrative Courts Under Article III

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In Lieu Of Preclusion: Reconciling Administrative Decisionmaking And Federal Civil Rights Claims, Marjorie A. Silver Apr 1990

In Lieu Of Preclusion: Reconciling Administrative Decisionmaking And Federal Civil Rights Claims, Marjorie A. Silver

Indiana Law Journal

No abstract provided.

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"Success" And The Judicial Power, Frank H. Easterbrook Apr 1990

"Success" And The Judicial Power, Frank H. Easterbrook

Indiana Law Journal

Symposium: Paul Bator: Legislative and Administrative Courts Under Article III

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The Doctrine Of In Loco Parentis, Tort Liability And The Student-College Relationship, Theodore C. Stamatakos Apr 1990

The Doctrine Of In Loco Parentis, Tort Liability And The Student-College Relationship, Theodore C. Stamatakos

Indiana Law Journal

No abstract provided.

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