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Class of 2019, Indiana University Maurer School of Law Graduate Legal Studies
No full textNames of graduates are located below their individual photograph on the image.https://www.repository.law.indiana.edu/composite/1080/thumbnail.jp
A New Deal for Debtors: Providing Procedural Justice in Consumer Bankruptcy
Get PDFAcross the criminal and civil justice systems, research regarding procedural justice — feeling that one has a voice, is respected, and is before a neutral and even-handed adjudicator — shows that people’s positive perceptions of legal processes are fundamental to the legal system’s effectiveness and to the rule of law. About a million people file bankruptcy every year, making the consumer bankruptcy system the part of the federal court system with which people most often come into contact. Given the importance of bankruptcy to American families and the credit economy, there should exist a rich literature theorizing and investigating how people’s perceptions of consumer bankruptcy’s procedures advance the system’s goals. Instead, bankruptcy’s procedures have received strikingly little scholarly attention. This Article begins to fill this significant gap by combining procedural justice and related research with what is known about the people who file bankruptcy to craft a theory of consumer bankruptcy’s procedural deficiencies. If consumer bankruptcy is procedurally bankrupt, as this Article posits, then the “fresh start” delivered to struggling households is not nearly as fresh as presumed, which will hamper people’s return to their communities and to the credit economy. As such, the Article proposes two sets of changes to the consumer bankruptcy process — one modest and one more drastic. Both of these new deals for debtors promise to enhance people’s perceptions of bankruptcy’s procedural justice and thereby the legitimacy of the system
Understanding Copyright Law, 7th ed.
No full textThe seventh edition of Understanding Copyright is a major revision of this classic student treatise. In addition to including the latest case law developments, this edition incorporates the Music Modernization Act of 2018. The seventh edition covers all aspects of the MMA, a dazzling legislative overhaul of the musical copyright, which, among its other provisions, creates a new blanket license for digital deliveries and provides protection to pre-1972 sound recordings.https://www.repository.law.indiana.edu/facbooks/1212/thumbnail.jp
Public Regulation and Private Enforcement in a Global Economy: Strategies for Managing Conflict
Get PDFStates Should Conform to GILTI, Part 3: Elevator Pitch and Q & A
Get PDFThis essay argues that the states should conform to the post-2017 federal tax law\u27s provision for Global Intangible Low-Taxed Income (or “GILTI”). This essay is directed at state legislators and their staffs and presents the argument as succinctly as possible. Our argument can be summarized in three sentences. First, states should conform to GILTI because there is significant evidence that profit shifting is substantially eroding their corporate tax bases. Second, GILTI is a tool for identifying shifted profits. Third, there are many legally and analytically sound ways to apportion GILTI income to a state. We also - briefly - counter the standard objections to state conformity with GILTI
Court Personnel Attitudes Towards Medication-assisted Treatment: A Statewide Survey
Get PDFBackground: Despite its efficacy, medication-assisted treatment (MAT) is rarely available in the criminal justice system in the United States, including in problem-solving courts or diversionary settings. Previous studies have demonstrated criminal justice administrators\u27 hostility towards MAT, especially in prisons and jails. Yet, few studies have examined attitudes among court personnel or compared beliefs among different types of personnel. Also, few studies have explored the relationship between MAT education/training and attitudes. Finally, few studies have directly compared attitudes towards methadone, oral buprenorphine, and extended-release naltrexone in the criminal justice system.
Methods: We modified a survey by Matusow et al. (2013) to explore justice professionals\u27 MAT attitudes, including associations with demographic variables, court role, and previous MAT education/training. After piloting the survey, we distributed it to a convenience sample of justice professionals registered for an educational summit held in Indiana in 2018. Data was analyzed using descriptive and inferential statistical methods.
Results: 231 Indiana court employees who had registered for a state MAT educational summit completed the survey prior to the summit, including judges, probation officers, law enforcement personnel, attorneys, probation officers, program directors, counselors, and case managers. Overall, participants had significantly more positive attitudes towards extended-release naltrexone than towards other medications (p value
Conclusion: As expected, court employees\u27 attitudes significantly differ by medication, with average attitudes towards agonist medications being more negative than attitudes towards extended-release naltrexone. Despite a larger evidence base for the efficacy of methadone and oral buprenorphine, justice personnel may have more positive attitudes towards extended-release naltrexone due to targeted marketing by the pharmaceutical manufacturer, fears about diversion or misuse of agonist medications, and historic criminal justice hostility towards agonist medications. Importantly, previous education/training regarding MAT is associated with more positive attitudes, suggesting that more awareness-raising or capacity building educational interventions are needed, especially for prosecutors and law enforcement personnel
The Interplay between Extraterritoriality, Sovereignty, and the Foundations of International Law
No full textDean Parrish\u27s contribution to this collection is chapter 10, titled The Interplay between Extraterritoriality, Sovereignty, and the Foundations of International Law.https://www.repository.law.indiana.edu/facbooks/1238/thumbnail.jp