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U.S. v. Chestman, 947 F.2d 551 (2d Cir., 1991): Commentary
No full textCorporate law has traditionally assumed that men organize business, men profit from it, and men bring cases in front of male judges when disputes arise. It overlooks or forgets that women are dealmakers, shareholders, stakeholders, and businesspeople too. This lack of inclusivity in corporate law has profound effects on all of society, not only on women\u27s lives and livelihoods. This volume takes up the challenge to imagine how corporate law might look if we valued not only women and other marginalized groups, but also a feminist perspective emphasizing the importance of power dynamics, equity, community, and diversity in corporate law. Prominent lawyers and legal scholars rewrite foundational corporate law cases, and also provide accompanying commentary that situates each opinion in context, explains the feminist theories applied, and explores the impact the rewritten opinion might have had on the development of corporate law, business, and society. Retells corporate law from a feminist perspective Broadens the reach of feminist discourse to corporate law Urges executive leaders and businesspeople toward more equitable decision-making
Includes the chapter, U.S. v. Chestman, 947 F.2d 551 (2d Cir., 1991): Commentary by Maurer Professor Donna Nagy.https://www.repository.law.indiana.edu/facbooks/1311/thumbnail.jp
Indiana Trial Evidence Manual
No full textIndiana Trial Evidence Manual is an easy-to-use manual that assists you at any stage of civil or criminal trial research. It fully covers the Indiana Evidence Rules, as well as the latest cases and statutes. It has sample forms to aid the user to phrase objections properly, and support objections with easily-accessible case law and rules of evidence. This single volume contains everything that one might need at trial but is small enough to fit in a briefcase and concise enough that a trial lawyer can find relevant sections quickly.https://www.repository.law.indiana.edu/facbooks/1314/thumbnail.jp
Illusory Privacy
Get PDFFor decades, regulators, consumer advocates, and privacy theorists have grappled with one of privacy’s most important questions: how to protect private information that consumers unwittingly give away with the click of an “I accept” button. Reform efforts remain mired in a morass of text, focusing on the increasing volume and complexity of firms’ terms of service and privacy policies. This Article moves beyond such existing approaches. By analyzing terms of service and privacy policies from hundreds of top websites—which this Article calls “platform terms”—this Article demonstrates that the prevailing “notice and consent” paradigm of privacy regulation cannot provide meaningful protection.
This Article centers platforms’ unconstrained power as the flaw in notice-and-consent approaches. It makes three contributions to the contracts and privacy literatures. First, it explores the nuanced relationship between platform terms and contract law. Neither scholars nor courts agree on whether platform terms, and in particular privacy policies, constitute contracts. This Article shows that, in either case, both courts and regulators resort to contract reasoning to implement noticeand- consent approaches to privacy regulation. Second, it demonstrates that platforms enjoy complete authority over every aspect of their relationship with individuals. It explores the prevalence of unilateral modification provisions that obviate initial consent and remove any incentive for platforms to compete on terms. Platforms, software, and devices are also subject to unilateral change. Moreover, the trend toward industry consolidation likewise changes the party in possession of individuals’ data. This paradigm leaves consumers with things they did not bargain for, on terms they did not accept, in a relationship with a party they did not choose. Third, this Article contends that there can be no workable notice-and-consent approach to privacy protection. In light of the amorphous relationship between individual and platform, only direct regulation of platforms’ data collection, use, and transfer has the potential to protect individual privacy
Do Social Movements Spur Corporate Change? The Rise of “MeToo Termination Rights” in CEO Contracts
Get PDFDo social movements spur corporate change? This Article sheds new empirical and theoretical light on the issue through an original study of executive contracts before and after MeToo. The MeToo movement, beginning in late 2017, exposed a workplace culture seemingly permissive of high-level, sex-based misconduct. Companies typically responded slowly and imposed few consequences on perpetrators, often allowing them to depart with lucrative exit packages. Why did companies reward rather than penalize bad actors, and has the movement disrupted this culture of complicity?
The passage of time since the height of the movement allows us to investigate these issues empirically, using the lens of executive contracts. Economic theory posits that CEO employment agreements are not negotiated at arm’s length and contain terms that strongly favor the executive. We hypothesize that these dynamics—typically associated with outsized compensation packages—resulted in pro-executive termination provisions that left room for executives to engage in sexbased misconduct without fear of reprisal. We argue that the MeToo movement represented a major shock to these bargaining dynamics and predict that, in the face of new reputational and liability risks, corporate boards will seek to reserve greater power to terminate CEOs for sex-based misconduct in post-MeToo agreements.
We test—and substantiate—our hypotheses using a novel dataset of CEO employment agreements. We focus on changes to the contractual definition of a “forcause” termination. In the wake of MeToo, we find a significant and growing rise in the prevalence of what we call “MeToo termination rights”—definitions of cause that permit companies to terminate CEOs without severance pay in cases of harassment, discrimination, and violations of company policy. Such grounds for cause broadly capture most forms of sex-based misconduct.
This documented rise in “MeToo termination rights” holds important lessons for corporate governance, executive contracting, and gender equity. First, our results show that external shocks can disrupt traditional corporate bargaining dynamics, bringing contract terms more in line with changing expectations. Second, our results provide insight into contract design, suggesting possible tradeoffs that companies make in structuring these novel termination rights. Finally, our results can be understood as reflecting a realignment of the treatment of top-level executives with the treatment of ordinary workers, who have long been subject to capacious sexual harassment policies.
We conclude that the rise in “MeToo termination rights” offers evidence of increased corporate control of CEO behavior and greater institutional accountability for sex-based misconduct. We are therefore cautiously optimistic about the long-term effects of MeToo and the ability of powerful social movements to inspire change within private institutions
The History and Conceptual Elements of Critical Race Theory
No full textThis handbook illustrates how education scholars employ Critical Race Theory (CRT) as a framework to bring attention to issues of race and racism in education. It is the first authoritative reference work to provide a truly comprehensive description and analysis of the topic, from the defining conceptual principles of CRT in Law that gave shape to its radical underpinnings to the political and social implications of the field today. It is divided into six sections, covering innovations in educational research, policy and practice in both schools and in higher education, and the increasing interdisciplinary nature of critical race research. New chapters broaden the scope of theoretical lenses to include LatCrit, AsianCrit and Critical Race Feminism, as well as coverage of Discrit Studies, Research Methods, and other recent updates to the field. This handbook remains the definitive statement on the state of critical race theory in education and on its possibilities for the future.
Includes the chapter, co-authored by Maurer Professor Kevin Brown and Darrell D. Jackson, The History and Conceptual Elements of Critical Race Theory by Maurer Professor Kevin Brown.https://www.repository.law.indiana.edu/facbooks/1298/thumbnail.jp
Overstepping: U.S. Immigration Judges and the Power to Develop the Record
Get PDFIn 1952, Congress established a new federal position to be filled by “special inquiry officers” charged with overseeing deportation cases. These immigration judges—as they eventually came to be called—were assigned to work within the executive branch, namely, the Department of Justice, and they were to be answerable ultimately to a political appointee, the attorney general. Importantly, they received specific statutory authority allowing them to “develop the record” during an immigration case. This power enabled immigration judges to assemble evidence and call, “interrogate, examine, and cross‑examine . . . any witnesses.”
Given that many immigrants who appear in immigration court do so pro se, it is certainly understandable why Congress believed arming the judge with this power would be beneficial. After all, in the absence of counsel, who else might safeguard these immigrants’ interests? Moreover, the federal courts have uniformly found this statute to be legally valid and normatively valuable as well.
But assume that the immigrant has a lawyer. Should the immigration judge still be able to develop the record in the same way? On this question, the federal courts have not reached a consensus. This Article argues that the answer should be no and proposes an approach to address this situation—one that allows the lawyer and immigrant-client to opt out of having the immigration judge intervene. The analytical model offered here is especially necessary at this moment because, given the intense political pressure on immigration judges, they frequently overstep and encroach upon the lawyer-client relationship, often adversely affecting the immigrant’s legal representation
Indiana Law Fertility Expert a Resource on Fraud Legislation
Get PDFA piece of new, bipartisan legislation that would make knowingly misrepresenting the nature or source of DNA used in assisted reproductive procedures or other fertility treatments a federal crime has a tie to the Maurer School of Law.
Jody Madeira, a nationally recognized expert on fertility fraud, bioethics, and law and medicine, worked with victims of fertility fraud as they sought ways to develop legislation making the act a crime
Indiana Legal Research
No full textNavigating and interpreting the many sources of state law when trying to research a legal question can be confusing and overwhelming, but it doesn\u27t have to be. This book provides simple and straightforward descriptions of the various sources of law and strategies for planning and executing your research. Focusing on the laws and legal materials of Indiana, with brief comparisons to federal law, this book will be an asset to law students, attorneys, and the general public.https://www.repository.law.indiana.edu/facbooks/1306/thumbnail.jp
Christiana Ochoa
No full textChristiana Ochoa became the seventeenth Dean of the Maurer School of Law on November 1, 2022. She is the school’s first-ever Latine dean and one of just eight Latine women ever to serve as the dean of a U.S. law school.
Unknown photographer, unknown datehttps://www.repository.law.indiana.edu/deanportraits/1030/thumbnail.jp
Risk Mitigation Strategies for Physicians
No full textThis well-illustrated, user-friendly text offers a succinct overview of complex surgical sparing management of reproductive pelvic disorders, designed for the reproductive endocrinology and infertility specialist and general gynecologist. World-renowned experts in these areas have contributed detailed chapters that will bolster the surgical knowledge of challenging clinical reproductive infertility scenarios requiring laparoscopic and hysteroscopic skills to enhance fertility outcomes. Providing an understanding of when minimally invasive reproductive surgery is indicated, this book presents clinical pearls to help manage specific pathologies and strategies for managing and minimizing the risks of complications in operative laparoscopy and hysteroscopy. It does so by reviewing pelvic and retroperitoneal anatomy and how it applies to myomectomy, extensive endometriosis, ovarian-tubal surgery, septum, C/S scar isthmocele, Mullerian uterine and vaginal anomalies, and managing complications including bladder and bowel injury. Additionally, selected chapters include accompanying video segments for real-world demonstration of techniques. Reproductive endocrine infertility specialists, as well as clinicians of obstetrics and gynecology interested in reproductive endocrinology and infertility, will find Reproductive Surgery a valuable and focused resource. Includes the chapter, Risk Mitigation Strategies for Physicians by Maurer Professor Jody Madeira and Jerry Lindheim.https://www.repository.law.indiana.edu/facbooks/1309/thumbnail.jp