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Marriage Equality and a Lawyer\u27s Role in the Emergence of New Rights
Get PDFThe last few decades have seen a dramatic change in the way in which Americans view LGBT rights, and the right to same-sex marriage in particular. In 1972, the Supreme Court issued its first opinion on same-sex marriage. In sharp contrast with Obergefell v. Hodges, which established the constitutional right to marriage equality in 2015, the case of Baker v. Nelson held in one sentence that the idea that such a right might exist was not even worth discussing. What happened in the intervening forty years to change the outcome so profoundly? And how can attorneys seek to replicate that success in developing other, hitherto-unrecognized rights for their clients?
This Article posits a practical, conceptual model by which a lawyer may develop “new” institutionally recognized rights on behalf of a client, using Obergefell as a roadmap. Most advocacy by lawyers in traditional law firm settings remains one-dimensional, focusing solely on jurisprudential progress and outcomes rather than wholistic, multidisciplinary advocacy. But the development of rights seldom happens solely as a consequence of changes in judicial philosophy. As such, this Article first discusses rights as occurring in three stages and then suggests a framework of five “movers” that a lawyer may deliberately employ to move rights through those stages, both in and out of the courtroom, using the lessons learned from Obergefell
Assessment of Federal Rule of Evidence 609 and the Necessity of a Deeper Collaboration with the Social Sciences for Racial Equality
Get PDFThe Cultural Politics of Dan Quayle and Mike Pence
Get PDFThis essay was part of an Indiana Law Review symposium on the five U.S. vice presidents who have hailed from Indiana. The Gallup polling organization classifies Indiana as a “pink” state, rather than a “red” state, meaning it leans Republican but is not solidly in the GOP column. Yet, if an image of Indiana persists in many people’s minds as a bastion of social conservatism and tradition, that image likely has been shaped in part by the two most recent vice presidents the Hoosier state has sent to Washington: Dan Quayle and Mike Pence. In selecting their running mates, major party presidential candidates typically look for someone with strengths or experience that the person at the top of the ticket lacks. Both Quayle and Pence were chosen, to a large degree, because they were seen as effective and important ambassadors to social and religious conservatives — a group that was not the natural constituency of their senior running mates, George H.W. Bush and Donald Trump, respectively. Barring some event that elevates Pence to the presidency, this is how both Quayle and Pence are likely to be remembered by history: As great favorites, even paragons, of the religious right, and as loyal political subalterns whose job was to carry the torch for “family values,” opposition to abortion and LGBT rights, and a greater role for religion in American public life
The Effectiveness and Application of the EU Principle of Consistent Interpretation in Hungarian Courts
Get PDFThis study of how the Hungarian courts have applied the principle of consistent interpretation demonstrates the striking degree to which this statutory interpretation method has been derived from EU law and embedded in the national courts\u27 practice. Originating in the jurisprudence of the EU Court of Justice and based on the principle of sincere cooperation set out in Article 4(3) EU Treaty, the principle of consistent interpretation consists of a duty incumbent on all public authorities, including national courts, to interpret national law in conformity with EU law. Consistent interpretation plays an important role in enabling individuals to secure rights derived from EU law before a national court. In Hungary, the principle has been invoked in administrative cases (in regulatory law) that are rather difficult to follow (such as taxation [VAT], gambling and betting, regulated industries, and competition). Recently since 2016, this method of statutory interpretation has been invoked in the researching asylum and the related administrative cases delivered under the new Hungarian laws
Influencing Juries in Litigation Hot Spots
Get PDFThis Article considers how corporations are using image advertising in litigation hot spots as a means of influencing litigation outcomes. It describes how Samsung and other companies advertised in the Eastern District of Texas--a patent litigation hot spot --to curry favor with the people who live there, including by sponsoring an ice rink located directly outside the courthouse. To be sure, image advertisements are constitutionally protected speech and might even warrant the highest level of protection under the First Amendment when they are not purely commercial in nature. Still, the Article argues, courts should be able to prohibit such advertisements altogether, or at the very least limit their impact through voir dire and discovery, because they threaten the right to an impartial jury guaranteed by the Seventh Amendment
Gatekeepers Are Vital Participants in Anti-Money-Laundering Laws and Enforcement Regimes as Permission-less Blockchain-Based Transactions Pose Challenges to Current Means to Follow the Money
Get PDFTwo phenomena dominate reports about blockchain-based transactions—that they will disrupt and displace legacy banking, securities, and trade intermediaries, and that they present new or greater opportunities for hiding proceeds of crimes or corruption. This essay does not deal with the former topic. Rather, the organizers of the symposium at George Mason University’s Antonin Scalia School of Law asks me to consider the latter question. It proved to be a tough assignment.
This essay looks at the separate questions of (1) the degree to which permission-less blockchain transactions will disrupt current anti-money laundering (AML) regimes and enforcement efforts, and (2) what efforts governments that have agreed to pursue goals of deterrence and detection of money laundering may need to initiate as blockchain-based transactions become more common
Reds Among the Cream and Crimson
Get PDFWhat happened when three IU law professors were accused of harboring Communist sympathies in 1946.
Originally published in the publication 200 The Bicentennial Magazine, Volume 2, Issue 1, January 2019.https://www.repository.law.indiana.edu/histdocs/1017/thumbnail.jp
Learning Law through Experience and by Design
No full textThis workbook enables faculty to design experiential courses for law students, using the process commonly known as backward design. The workbook walks the user step-by-step from goal to course outcomes to teaching activities, and it provides user-friendly worksheets to guide the design. The authors also provide the design maps for their own courses, with process notes, to illustrate the Experiential Learning Design process in action. The workbook helps faculty to situate their courses within a broader law school or experiential curriculum and to connect their courses as appropriate with their schools’ and the ABA’s JD program outcomes.
Whether your focus is social justice lawyering, skills, ethics, and/or substantive knowledge, this book will guide you in designing a course that turns your teaching goals into learning outcomes. This book provides a model for creating an effective, intentionally designed instructional path for your experiential learning course, including helping you to identify the intellectual home for your course, learning goals, final assessment, evaluation rubric, and learning outcomes. Learning Law through Experience and by Design covers the following topics in detail: Chapter 1: Your Experiential Course and the ABA Standards Chapter 2: Using the Experiential Learning Design Process Chapter 3: The Big Picture: What Is the Point of Your Course? Chapter 4: The Course Goal: What Do You Want Your Students to Learn? Chapter 5: The Final Assessment: How Do You Know That Your Students Learned? (Includes Appendix 5-A, Mapping Evidence of Student Mastery) Chapter 6: Rubrics: How Do You Gauge the Level of a Student’s Proficiency? (Includes Appendix 6-A, Facets of Understanding: Progressive Levels of Performance) Chapter 7: Course Outcomes and Learning Activities: What Will Happen in Your Classroom? (Includes Appendix 7-A, Samples of Experiential Learning Activities, and Appendix 7-B, Sample of Course Syllabus) Chapter 8: Course Exemplars Chapter 9: Worksheet Templates
I found the process extremely accessible and understandable. As I was reading, I couldn’t help but apply the components to my own courses. I found the tables with the example categories and measurable criteria throughout VERY helpful in making the process approachable. So often I find myself frustrated by the effort to choose appropriate language and your process cuts through that barrier by not only supplying a vocabulary but providing a theoretical foundation for different choices. At a broader level, I found the process steps and connections between them clear and understandable. I also appreciated the repeated reminders to revisit earlier decisions if a disconnect emerges as one works through the process. Finally, the examples provided from different courses, including the model completed worksheets, were helpful in concretizing the theoretical discussion. They made it easier to imagine how I might apply the process to my own course. And, a final final point, the writing was clear and a pleasure to read throughout. —Lisa V. Martin, Assistant Professor, University of South Carolina School of Lawhttps://www.repository.law.indiana.edu/facbooks/1211/thumbnail.jp
Public Regulation and Private Enforcement in a Global Economy: Strategies for Managing Conflict
No full textThe Academy is a prestigious international institution for the study and teaching of public and private international law and related subjects. The work of the Hague Academy receives the support and recognition of the UN. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law.All courses at the Academy are, in principle, published in the language in which they were delivered in the Collected Courses of The Hague Academy of International Law .
This volume includes the chapter, Public Regulation and Private Enforcement in a Global Economy: Strategies for Managing Conflict by Maurer Professor Hannah L. Buxbaum.
The global regulatory environment has become increasingly dense. It features multiple forms of regulation, including multilateral treaties, administrative rulemaking, self-regulation, and private enforcement in domestic courts. Regulatory institutions operate on national, regional, and international scales—and in an increasing range of substantive fields. Unsurprisingly, this environment engenders frequent conflict among regulatory regimes. These conflicts involve more than just collisions of substantive legal norms. They also involve concerns about the “who” and “how” of regulation. The entity seeking to enforce a particular norm might be a public agency or a private litigant; a particular proceeding might unfold within an international treaty framework or outside it. Such factors affect the degree of resulting conflict quite significantly. Understanding that conflict, and assessing the efficacy of the tools used to resolve it, therefore requires an analysis that accounts for those factors.The objective of these lectures is to develop a framework for examining conflicts in cross-border economic regulation, and to use it in assessing various regulatory mechanisms. The analysis employs a trans-substantive approach, providing examples from diverse areas including competition regulation, securities regulation, and data privacy. However, instead of organizing the discussion by subject matter, it classifies different categories of conflict—substantive, procedural, and political—and examines each in turn. This approach permits a nuanced analysis of cross-border regulation as it is practiced by different institutions. In particular, it uncovers the layering of different forms of conflict that makes particular modes of regulation especially problematic.The analysis draws most heavily on the experience in the United States, which permits a special focus on one specific question of regulatory design: the role of private enforcement in transnational regulation. Historically, the United States has been an outlier in its reliance on private civil litigation as a regulatory instrument. Today, though, many other legal systems are engaged in procedural reform intended to support more robust private enforcement. That development has the potential to increase significantly the resources devoted to economic regulation. However, it also risks exacerbating conflict in cross-border cases. Accordingly, one goal of the following analysis is to use the analytical framework developed here to consider possibilities for integrating private enforcement most effectively into the transnational regulatory environment.https://www.repository.law.indiana.edu/facbooks/1323/thumbnail.jp