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Four Indiana Law Graduates to be Inducted into the Academy of Law Alumni Fellows
Get PDFThe Indiana University Maurer School of Law will add four members to its prestigious Academy of Law Alumni Fellows this April. Terry Dworkin ’75, Fred Logan ’77, Holiday “Holly” McKiernan ’83, and Luis Felipe Sanchez ’76 will receive the highest honor the Law School can bestow on its alumni when they are inducted April 14 in a ceremony inside the Indiana Memorial Union.
“Terry, Holly, Fred, and Luis have all led remarkable careers and lives, and we’re honored to welcome them into the Academy of Law Alumni Fellows this spring,” said Indiana Law Dean Christiana Ochoa. “They have represented themselves, the Maurer School of Law, and the legal profession with distinction and honor in a variety of fields, and their induction into the ALAF is well deserved.
2023 Academy of Law Alumni Fellows Induction Ceremony Program
Get PDFThe Academy of Law Alumni Fellows was established in 1985 to recognize alumni whose careers are defined by exceptional personal achievement and dedication to the highest standards of the profession.
Academy Fellows are part of an elite group that includes US senators, federal judges, successful business leaders, and distinguished practitioners. A committee of anonymous alumni selects each year’s Fellows from among many deserving candidates. To be named an Academy of Law Alumni Fellow is to receive the very highest honor that the Maurer School of Law can bestow.
This year, we are honored to recognize four alumni whose remarkable contributions to the Law School and the profession will last for generations to come: Terry Morehead Dworkin, Fred J. Logan, Jr., Holiday Hart McKiernan, and Luis Felipe Sánchez
Standing in Reserve: A New Model for Hard Cases of Complicity
Get PDFThe “hard cases” for the law relating to accomplices deal with the definition of what counts as aiding and abetting a crime. A retailer might sell a murder weapon in the ordinary course of business, while an accomplice might do nothing because their help was simply not needed. How do we distinguish between these cases? The Capitol Riot is a striking example of this sort of hard case because there were so many people involved in so many different and ambiguous ways. Outside of the conceptually easy cases of someone caught on camera making off with property or attacking officers, who should be found guilty of what? A lack of a rubric for answering these questions makes collective crimes like the Capitol Riot especially challenging for the law.
Drawing on philosophy of action and game-theoretic reasoning, we develop a novel model of complicity built on the concept of standing in reserve and show how it helps to understand joint intention and responsibility in complex social situations, such as those where only a proper subset of participants may actively engage in the primary criminal act. This model of complicity is consistent with the fundamental normative commitments of criminal law, such as the central importance of mens rea and punishing only intentional actions. Standing in reserve thus offers a principled, coherent approach to identifying complicity in these hard cases.
Through a series of applications, we show how the standing in reserve model sheds light on the Capitol Riot as well as related controversies including guilt by association, terrorism, and felony murder
\u27I really love this law school\u27: Q&A with new IU Maurer dean Ochoa
Get PDFDisplayed throughout Christiana Ochoa’s office are sentimental photos and items she’s collected from across the globe, but the most eye-catching print is propped behind her desk.
The new Indiana University Maurer School of Law dean has a red, blue and beige poster prominently displayed in her headquarters, depicting a Latina woman with a Mona Lisa-esque smile and a rose in her hair with the words, “WE THE PEOPLE — DEFEND DIGNITY,” typed across the bottom.
“To me, it’s a great piece of art with a Latino woman who clearly is confident, and confident in her belief that we are a vital part of this country and that it is important to uphold the principles of democracy and the rule of law,” Ochoa said.
Last month, the law school announced Ochoa, 52, who has worked at IU Maurer for around two decades in various teaching, administrative and leadership roles, as the 17th dean in the law school’s history
Legal Aid, Skadden Fellowships, and PILF
No full textColleen Cotter is a 1990 graduate of the law school and has been the Executive Director of The Legal Aid Society of Cleveland since 2005. Colleen also serves on the Board of Directors of the Cleveland Metropolitan Bar Association and the Saint Luke’s Foundation. She is President of the United Way of Greater Cleveland Council of Agency Executives and has served in many other leadership positions.
Last year, she was named by Cleveland-Marshall Law School as one of its 2021 Hall of Fame honorees. She was named a 2017 Crain’s Woman of Note. She also received the 2017 Cleveland Bar Association’s President’s Award and the 2015 Crain’s In-House Counsel Award, non-profit category. Before joining Cleveland Legal Aid, Colleen worked for Indiana Legal Services, and also Pine Tree Legal Assistance in Maine, where she served as a Skadden Fellow. Indeed, Colleen was the first Skadden Fellow to come from the law school. Colleen also clerked for the Honorable Cornelia Kennedy of the U.S. Court of Appeals for the Sixth Circuit. During law school Colleen was on the Indiana Law Journal, she founded our chapter of PILF in 1988, was Order of the Coif, and graduated magna cum laude.
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The Law of Employee Data: Privacy, Property, Governance
Get PDFThe availability of data related to the employment relationship has ballooned into an unruly mass of performance metrics, personal characteristics, biometric recordings, and creative output. The law governing this collection of information has been awkwardly split between privacy regulations and intellectual property rights, with employees generally losing on both ends. This Article rejects a binary approach that either carves out private spaces ineffectually or renders data into isolated pieces of ownership. Instead, the law should implement a hybrid system that provides workers with continuing input and control without blocking efforts at joint production. In addition, employers should have fiduciary responsibilities in managing employee data, and workers should have collective governance rights over the data’s collection and use
Movement Lawyers: The Tension Between Solidarity and Independence
Get PDFSeeking to engage with scholars and activists who call for lawyer solidarity with social movements, this Essay considers professional ethics constraints on what a lawyer can justifiably do on behalf of clients in the name of solidarity with a movement. I consider whether the concept of solidarity, especially solidarity in the face of legal repression, justifies a movement lawyer in using tactics that would otherwise be grounds for legal prosecution, professional discipline, or moral condemnation. Drawing on the long history of legal repression of progressive activism, including repression of progressive lawyers, this Essay proposes a way to think about lawyers aligning themselves with client activism while acknowledging the attraction to the notion that the lawyer’s role as counselor or adviser does not permit lawyer involvement in conduct that is immoral, unfair, or of doubtful legality. I test my argument about when lawyers may assist clients in conduct at the bounds of legality by considering bar discipline of lawyers involved with former President Trump’s litigation seeking to invalidate the results of the 2020 election with the January 6 rally preceding the assault on the Capitol building. I then return to the challenges facing lawyers working with Left social movements today
Overview of Bicameral Legislatures’ Potential Impact on the Executive Selection Process
Get PDFBicameral legislature is a common constitutional design model, with bicameral legislatures making up roughly 41 percent of all legislatures worldwide. As of April 2014, 79 bicameral and 113 unicameral systems were recorded in the database of the Inter-Parliamentary Union. In general, “bicameralism is more common in federal, large, and presidential states, while unicameralism is more common in unitary, small, parliamentary ones”. Bicameral systems operate two legislative chambers, both of which play a role in drafting and passing national legislation. However, each house often fulfills a unique role in the legislative process and is usually elected by different methods. Proponents of bicameral legislatures argue that a second chamber aids the separation of power by avoiding the risk of abuse that can occur by concentrating power in a single body while simultaneously enhancing democracy by drawing on a broader and more diversified base.
Most bicameral legislatures are created to operate outside of the executive branch as a function of the separation of power, but some have influence over selecting a state’s executives. This paper will evaluate several bicameral legislatures to determine how the upper chamber and lower chamber can contribute to choosing a nation’s executive. Very few countries operate systems that allow both chambers significant influence in selecting a nation’s executive, and currently, there is no country that solely allows its upper chamber to select an executive. Moreover, most systems of government limit their upper chamber’s ability to select their nation’s head of government. Ideally, by incorporating the upper chamber into the executive appointment process, a nation could benefit from the increased representation and experience of an upper chamber’s legislators.
Moreover, as scholars such as Juan Linz point out, politically, ethnically, or religiously divided societies that operate winner-take-all executive selection processes often leave vulnerable minority groups mostly unrepresented in the executive branch. While parliamentary elections can create multi-party coalition governments, parliamentary elections are just as likely to result in one dominant party winning an absolute majority, which remains problematic for minority groups within the country. By allowing each chamber to appoint an executive, the effects of the winner-take-all executive election may be mitigated by providing minority groups additional opportunities to win executive representation and ultimately forcing cooperation between opposing political parties in power.
This paper will first briefly examine bicameral chambers and address the benefits of allowing an upper chamber to select an executive. Next, it will highlight several countries that allow the upper house input in selecting executives to demonstrate how these upper chambers contribute to that process. I organized each of my sample countries into five categories; 1) The U.S. Contingent Election Model; 2) the German model; 3) the National-Regional model; 4) the Federal Chambers Model; 5) and the Swiss Bicameral Model. Finally, the paper will conclude by discussing several benefits of allowing upper chambers to participate in the executive selection process while simultaneously addressing the structural challenges that may limit their beneficial impact on the selection process