13203 research outputs found
Sort by
Access to the Justices’ Papers: A Better Balance
Get PDFThis article explores the history of Supreme Court Justices’ papers and their status as private property. It discusses questions of access, the public’s interest in understanding the Court and its decisions, and the effect of the Justices’ papers on scholarship and popular research. Several options for encouraging greater openness are proposed
Class of 2018, Indiana University Maurer School of Law
No full textNames of graduates are located below their individual photograph on the image.https://www.repository.law.indiana.edu/composite/1075/thumbnail.jp
Rewriting the FMLA: Introducing Intermittent Bonding Leave to Combat Gender Norms Facing Working Mothers
Get PDFState Imperiled Species Legislation
Get PDFState wildlife conservation programs are essential to accomplishing the national goal of extinction prevention. By virtue of their constitutional powers, their expertise, and their on-the-ground personnel, states could—in theory—accomplish far more than the federal agencies directly responsible for implementing the Endangered Species Act (ESA). States plausibly argue that they can catalyze collaborative conservation that brings together key stakeholders to improve conditions for imperiled species. Bills to revise the ESA seek to delegate greater authority to states. We evaluated states’ imperiled species legislation to determine their legal capacity to employ the key regulatory tools that prompt collaborative conservation. All but four states possess statutory programs to identify species on the brink of extinction. Most of them include both animals protected under the ESA and wildlife imperiled just within the boundaries of the state. Thirty-four states legislate imperiled plant protection programs. States generally fail to prohibit habitat impairment by private parties, lack permit programs to minimize incidental harms to species and spur habitat conservation, and do not restrict state agency actions that undermine species recovery. Compared to the key regulatory programs of the ESA that prompt stakeholders to collaborate on conservation, state laws—in general—reflect a more permissive attitude. Though state laws, in the aggregate, only weakly support cooperative federalism, some state legislative provisions are very strong. Illinois, Massachusetts, and Wisconsin even go beyond the ESA in their protective measures. Major funding increases to pay for conservation measures could overcome weak agency regulatory authority, but prospects for a spending spree are dim. Therefore, some state legislative reform will be necessary to implement stronger cooperative federalism under the ESA
Dean\u27s Desk: Graduating class of 2018 provides opportunity to reflect
Get PDFOn May 5, our faculty, staff, friends and family will gather in Indiana University’s beautiful auditorium to celebrate the IU Maurer School of Law Class of 2018. Presiding at our commencement ceremony is a privilege, and our graduates will go on to do great things. I look forward to having them return to the school to hear of their continued success.As we celebrate the achievements of this year’s graduating class and look forward to the future, we also look back and celebrate the many accomplishments of those graduates who came before them. We recognize alumni achievements informally all year long through social media and our alumni publications, and formally through two prestigious awards: the Academy of Law Alumni Fellows and the Distinguished Service Award
The Status of Authority in the Globalizing Economy: Beyond the Public/Private Distinction
Get PDFOver the past decades, the idea that national sovereignty and the authority of the state have been increasingly challenged or even substantially eroded has been a dominant one.\u27 Economic globalization advancing a neo-liberal dis-embedding of the economy is seen as the major reason for this erosion. Concerns have increased about the negative consequences for the social fabric of societies, deprived of the strong shock absorption capacity that the welfare states had established in the time of the embedded liberalism to use a term John Ruggie coined. 2 The concerns have also helped nationalistic movements to gain power in many high-income countries, not at least in the United States, calling for putting their economy first. Accordingly, a number of commentators have announced a return of the nation state.3 In this special issue, we will show that the retreat-of-the-state thesis as well as the return-of-the-state thesis share the same shortcomings. They conflate state and authority. As a consequence, both theses underestimate important transformations of authority that have taken place since the end of the short 20th century, to use Eric Hobsbawm\u27s periodization
The Judicialization of Private Transnational Power and Authority
Get PDFThis article examines the judicialization of private systems of governance that are transforming common sense understandings of who should govern states, societies, and political economies. The focus is on the private transnational institutions and processes in the global investment and financial regimes. These regimes contribute to the maintenance and expansion of capitalism by assisting in the management and mitigation of risk, but they also participate in the construction of the sorts of risks that require management and mitigation. In so doing, they are deeply involved in determining what requires governance, as well determining the appropriate mechanisms and manner of governance. They constitute a form of private transnational authority, performing governance functions usually attributed to states and to public authorities. In the areas of global investment and finance, private transnational experts craft the legal foundations that advance and secure the expansion of capitalism as the common sense of our time. These laws are characterized as a form of new constitutionalism, for they constitute both the material and ideological foundations for ordering societies and political economies under the discipline of an increasingly transnationalized market civilization. Transnational market civilization subordinates national political authorities to disciplines emanating from international investment, derivatives, and project financing agreements that function constitutionally to limit the policy and legislative autonomy of national governments, thus seriously impacting their sovereignty. However, while the areas examined reveal a complex and hybrid mix of public and private authorities that raise significant legitimacy concerns, the mix is not fixed, but is mutable and open in places to resistance and contestation, suggesting that the discipline of transnational capitalism is incomplete and might one day reflect better or good sense