Indiana University Bloomington

Indiana University Bloomington Maurer School of Law
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    Trailblazing in Utah: Managing the State\u27s Only Certified Majority Woman-Owned Law Firm

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    Heidi Goebel, JD 1997, founder and managing partner of Goebel Anderson PC, describes her path from Indianapolis to Salt Lake City, the importance of mentorship, and how she co-founded what is currently the only certified majority woman-owned and operated law firm in Utah.https://www.repository.law.indiana.edu/coldcall/1002/thumbnail.jp

    Detour Ahead: Fred Aman and Friends (DVD)

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    Recorded music performed by Fred Aman and Friends. Fred Aman, drums; Bill Sabol, piano; Rick Carter, bass. Disc 1: Commander Buckhorn In Walked Bud Detour Ahead Speak No Evil Park Avenue Petite Tones for Joan\u27s Bones Disc 2: Groove Yard I\u27ve Never Been in Love Before Re: Person I knew Stella by Starlight Song of Home I\u27ve Grown Accustomed to Your Facehttps://www.repository.law.indiana.edu/facbooks/1283/thumbnail.jp

    Vol. 61, No. 13 (November 22, 2021)

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    Modular Online Learning Design: A Flexible Approach for Diverse Learning Needs (Book Review)

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    2021/22 Indiana University Maurer School of Law Staff

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    Front Row: Lesley Davis, Marian Conaty, Sarah Snyder, Fatjona Hasani, Katie Beck, Anne McFadden, Amanda Homce, Casey Nemecek Second Row: Abby Koop, Jake Sewell, Cassie Fitzwater, Libby Steinbach, Chelsey Browning, Steve Withem, Garron Quimby, Kyle Impini, Randy Sparks Third Row: Janet Hein, Sarah Portwood, Bridget Dunklau, Ashland Zimmerman, Susan Yoon, Ginnie Phero, Rita Eads, Beth Plew Fourth Row: Kim Hughes, Lauren Violi, Rebecca Bertoloni Meli, Stephanie Coffey, Lisa Hosey, (Sandy Ault), Sarah Benson, Frank Burleigh, Phil Poff Fifth Row: Justin Zuschlag, Kate Caldwell, Laura Fonseca, Kendra Abercrombie, Paul Styles, Mary Edwards, Ken Turchi, Will Schaad, Greg Canadahttps://www.repository.law.indiana.edu/staff/1003/thumbnail.jp

    Goldilocks Deference

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    Over the years, courts reviewing rules and decisions of federal administrative agencies have given those agencies greater or narrower latitude in interpreting enabling legislation, ranging from the “hard look” doctrine to various levels of deference under case names such as Chevron, Auer, and Skidmore. This article examines a distinct type of judicial deference that might arise only in a special subset of cases where an agency is sued by two different interested parties arguing diametrically opposed positions. For example, the EPA may be sued on a major, substantive rule by the regulated industry arguing that the rule is too restrictive and by environmental groups arguing that it is too lax. In such cases, we hypothesize that reviewing courts might exercise “Goldilocks deference,” based on the assumption that if environmental groups and regulated industries are dissatisfied, then the agency\u27s rule must be just about right. Using an empirical dataset of 160 cases, we show that the EPA is more likely to prevail when it is sued by both sides, suggesting that the hypothesis of Goldilocks deference is at least plausible

    Twists & Swirls: Caregiving & Sexualization—Femininity Construct in Gendered Migration from Nigeria to Italy

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    With globalization, interconnectivity, and the possibilities of increased income through wage differentials comes the desirability to migrate for labour. Contrary to early migration theories, women are increasingly migrating for labour independent of male breadwinners. Therefore, temporary and permanent movements are globalizing, accelerating, diversifying and feminizing. The influence of gender on migration has become so convoluted that culturally and socially constructed roles of masculinity and femininity motivate and inspire migration trends among many women migrating from Nigeria to Italy, creating a sort of gendered social agency. This piece offers an analysis of how social contexts and gendered expectations shape the desires of many Nigerian females to migrate and remain in Italy for labour. This piece also examines the role and response of law and policy in gendering migration trends

    Tangibility as Technology

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    Property law has traditionally relied on tangible boundaries to delineate legal thinghood and to inform the bounds of in rem rights and duties. Unfortunately, property doctrines have fossilized around tangibility, causing fragmentation in the legal treatment of digital assets. In the United States, for example, cryptocurrencies and non-fungible tokens (NFTs) may simultaneously be classified as commodities, securities, currencies, assets, or not property at all, depending on the jurisdiction, domain, or specific asset in question. This fragmented system of overlapping legal treatments increases the information cost of using digital assets, decreases efficiency, and ultimately hinders future innovation. In this Article, I propose a unified and tech-neutral approach to legal thinghood, providing a theoretically coherent and robust way to increase property law’s resilience in adapting to future technologies. Specifically, I deconstruct the conceptual purpose of tangibility in traditional doctrines of legal thinghood, uncovering its role as a technology (i.e., a tool) in property law to delineate rights. From this insight, I derive a coherent doctrinal test for distinguishing between digital assets that fulfill all conceptual requisites to be legal things and assets that do not. By doing so, I conclude that the traditional ontological categories of property law, such as choses in possession, are sufficiently robust to incorporate new and evolving digital assets. This tech-neutral approach paves the way toward an elegant and efficient legal treatment of digital assets and digital resource management in the twenty-first century

    Privacy vs. Transparency: Handling Protected Materials in Agency Rulemaking

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    Agencies conducting informal rulemaking proceedings increasingly confront conflicting duties with respect to protected materials included in information submitted in public rulemaking dockets. They must reconcile the broad commitment to openness and transparency reflected in federal law with the duty to protect confidential business information (CBI) and personally identifiable information (PII) against improper disclosure. This Article presents an analysis of how agencies can best balance these often countervailing considerations. Part I explores the statutory duties to disclose and withhold information submitted in public rulemaking dockets placed on agencies. It also examines judicial decisions and other legal interpretations regarding the proper way to tradeoff these opposing concerns. Part II explores current agency practices with respect to protected materials, based on both a survey of notices of proposed rulemaking (NPRMs), system of records notices (SORNs), and other notices issued by agencies along with interviews, a roundtable with agency officials, and a confidential survey sent to selected federal agencies. Part III recommends possible changes to agency practices and procedures

    A Pioneer of the Law & Society Movement: One Eyewitness’s Reflections

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    There is arguably no more seminal a figure in the field of law and society than Professor Marc Galanter. That a Special Issue featuring dedications to several leading academic lights would be hosted by the University of Chicago Law Review is especially significant in terms of Marc’s inclusion because Chicago is where Marc came of age as a student. Professor Richard Abel, some years back, chronicled Marc’s educational journey in Hyde Park. As Abel tells it—and as Marc has told me over the years—after finishing his B.A. and while continuing to work on his master’s degree from Chicago, Marc enrolled at the University of Pennsylvania for law school in 1953. Yet after a frustrating first year at Penn, because of what he saw as the narrow confines of legal education, Marc returned to Chicago—his intellectual oasis. There, he finished his M.A. and began at the law school as a second-year transfer student, and he ultimately earned his J.D. in 1956. This Essay will offer my perspective on the influence that Marc has had on different areas of the law, as well as on me. In what some of my friends in India might refer to as “destinical,” forty years after Marc contemplated leaving legal education and the law altogether, he encountered a terribly naïve student who was experiencing similar sentiments after his 1L year. In 1994, after completing two semesters at Ohio State, I felt lost. I knew that I had a keen interest in how law intersected with politics, particularly within the country from where my parents immigrated— India. I also knew that I might one day want to write and teach in the areas of law and social science. But beyond these generalities, I was not sure about much else

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