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Articles 1 - 30 of 169
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Corporate Climate Litigation And Environmental Justice: How Green Amendments Can Be Used To Advance Accountability And Equity, Noah Hines
Indiana Journal of Law and Social Equality
The term “Green Amendment” was first coined by author Maya van Rossum in her 2017 book The Green Amendment: Securing Our Right to a Healthy Environment, in which she argues that modern environmental protection laws are fundamentally failing the most vulnerable people in society and proposes the creation of new constitutional rights as a solution. The provisions van Rossum argues ought to be added to state constitutions as “Green Amendments” are also sometimes called “Environmental Rights Amendments,” and generally enumerate the right of all citizens to a clean or healthy environment. Green Amendments currently exist in Pennsylvania, Montana, Illinois, Hawaii, …
Doe Not Worry: Expanding Protections For Unaccompanied Children, Heidi E. Davis
Doe Not Worry: Expanding Protections For Unaccompanied Children, Heidi E. Davis
Indiana Journal of Law and Social Equality
A recent Fourth Circuit decision created a circuit split regarding the standard applied to constitutional violations in secure holding facilities. The more “liberal” professional judgment standard—as promulgated by Youngberg v. Romeo and applied to unaccompanied immigrant minors in Doe 4 ex rel. Lopez—is necessary but insufficient for the protection of unaccompanied children. This Note first examines the origins of the professional judgment standard in the Youngberg case. Then, cases are surveyed showing that the Supreme Court has recognized children as a vulnerable population, and current regulations, legislation, and court opinions recognize the vulnerabilities of unaccompanied children. With these ideas in …
Coping With Coppa: Exploring Alternatives To The Children's Online Privacy Protection Act, Andrew Parra
Coping With Coppa: Exploring Alternatives To The Children's Online Privacy Protection Act, Andrew Parra
Indiana Journal of Law and Social Equality
The Children’s Online Privacy Protection Act of 1998 (COPPA) stands as one of the greatest protectors of children’s privacy for nearly twenty-five years. However, COPPA has struggled to keep pace with technological changes during this time, and the COVID-19 pandemic highlighted the shortcomings of COPPA regulations as children were forced to spend increased amounts of time in digital spaces. As the Federal Trade Commission (FTC) is set to make changes to COPPA, it is necessary to consider what changes would be most beneficial to protect children. This paper will explore the current regulatory framework, its strengths and weaknesses, and then …
Why Is There No Social Citizenship In Puerto Rico? The Demise Of Section 20, Haley Powell
Why Is There No Social Citizenship In Puerto Rico? The Demise Of Section 20, Haley Powell
Indiana Journal of Law and Social Equality
Part I will define T.H. Marshall’s theory of citizenship rights and explain how that framework pertains to the denial of social welfare rights in Puerto Rico’s constitution. It will also delineate the larger context of social welfare in the United States using the contract versus charity paradigm posited by two historians, New School Professor Nancy Fraser and New York University Professor Linda Gordon. Part II will explore the legislative history of the Puerto Rican Constitution at the Puerto Rican Constitutional Convention and the U.S. Congress debates following the convention. Part III will examine the ramifications of the removal of Section …
Fulfilling The Promise Of The Housing Choice Voucher Program: Blind Review As An Enforcement Method For Source-Of-Income Antidiscrimination Laws, Zachary Wakefield
Fulfilling The Promise Of The Housing Choice Voucher Program: Blind Review As An Enforcement Method For Source-Of-Income Antidiscrimination Laws, Zachary Wakefield
Indiana Journal of Law and Social Equality
The housing choice voucher program (HCV) is one that provides subsidies to very low-income individuals. These subsidies allow recipients of the vouchers to pay thirty percent of their income out of pocket towards their rent, with the difference being paid by the subsidy from the government directly to a landlord. Although the program itself is federal, it is administered by the states at the local level. As with most housing in the United States, the Fair Housing Act protects HCV recipients from discrimination based on “race, color, religion, sex, familial status, or national origin,” regardless of the state where the …
Don't Mess With Texans' Rights: Protecting Transgender Youth From The Paternalistic Policies Of State Executives, Mary Franklin
Don't Mess With Texans' Rights: Protecting Transgender Youth From The Paternalistic Policies Of State Executives, Mary Franklin
Indiana Journal of Law and Social Equality
Texas Attorney General Ken Paxton issued an opinion in 2022 detailing how gender-affirming care for transgender minors constituted child abuse under the Texas Family Code. As a result of this opinion, multiple families of trans teens engaging in various forms of gender-affirming care were investigated by the Texas Department of Family and Protective Services. This Article applies the constitutional standards imposed by the equal protection clause, substantive due process, and parental authority to Paxton’s recommendation, using both the U.S. and Texas Constitutions. Ultimately, this Article concludes that Paxton’s opinion fails to meet these constitutional standards and recommends action from the …
Abortion And Affirmative Action: The Fragility Of Supreme Court Political Decision-Making, William E. Nelson
Abortion And Affirmative Action: The Fragility Of Supreme Court Political Decision-Making, William E. Nelson
Indiana Journal of Law and Social Equality
This Article shows, on the basis of new evidence, that the canonical case of Marbury v. Madison has been grossly misinterpreted and that as a result of the misinterpretation we cannot understand what is wrong with contemporary cases such as Dobbs v. Jackson Women’s Health Organization and Students for Fair Admissions, Inc. v. President and Fellows of Harvard College.
The Article will proceed as follows. Because Marbury cannot be properly understood without understanding the eighteenth-century background against which it was decided, Part I will examine legal practices in colonial and post-Revolutionary America, focusing on cases in which judicial review emerged …
Cut The Baby Talk: Negotiating Pregnancy Clauses In Women's Athletic Contracts, Courtney Luis
Cut The Baby Talk: Negotiating Pregnancy Clauses In Women's Athletic Contracts, Courtney Luis
Indiana Journal of Law and Social Equality
Many athletic departments, organizations, teams, and leagues have regulations that address the event of pregnancy in their athletes. As interest and participation in women’s sports continues to grow, along with the number and profitability of female athletes, pregnancy clauses are becoming increasingly common in athletic contracts for women.
Pregnancy clauses are an often overlooked section of athletic contracts and sports deals but can have far-reaching consequences for female athletes. Many athletic departments and organizations have attempted to create standardized regulations on how to deal with female athletes who become pregnant; however, these attempts are usually confusing, unclear, and regularly fail …
Countering Jihadi Cool And The Case Of Raza V. City Of New York, Caroline Joan S. Picart
Countering Jihadi Cool And The Case Of Raza V. City Of New York, Caroline Joan S. Picart
Indiana Journal of Law and Social Equality
This Article begins with an explanation of the rhetoric, aesthetics, and culture of jihadi cool/chic, which is a crucial factor in the formation of self-radicalizing individuals. It then analyzes the jurisprudence, and legal and cultural ramifications of Raza v. City of New York, in which the New York Police Department had initiated an intense covert surveillance operation that focused on Muslims in New York and beyond without probable cause. This led to a lawsuit that claimed that the New York Police Department’s Muslim Surveillance Program violated the Fourteenth Amendment’s Equal Protection Clause, the First Amendment’s Free Exercise and Establishment Clauses, …
Banned Books & Banned Identities: Maintaining Secularism And The Ability To Read In Public Education For The Well-Being Of America's Youth, Megan M. Tylenda
Banned Books & Banned Identities: Maintaining Secularism And The Ability To Read In Public Education For The Well-Being Of America's Youth, Megan M. Tylenda
Indiana Journal of Law and Social Equality
Books containing LGBTQ+ themes and characters are being removed from public school libraries at a rapid rate across the United States. While a book challenge has made it to the Supreme Court once before, the resulting singular plurality opinion left courts without a clear test to apply, ultimately leaving students’ First Amendment rights in the air. Additionally, the increasingly relaxed view of courts towards religious influence in public schools indicates that if a modern case were to reach the Supreme Court, religious challenges may be accepted, which would leave LGBTQ+ students who seek to see themselves represented in literature without …
Tolled Education: An Economic Markets And Goods Analysis Of Inefficiencies In American Public Education, Ethan Dilks
Tolled Education: An Economic Markets And Goods Analysis Of Inefficiencies In American Public Education, Ethan Dilks
Indiana Journal of Law and Social Equality
The goal of this Comment is to evaluate the failures of the current system of education within the United States via policy and economic market and goods analysis lenses; in doing so, it will establish that public education in the United States is a toll good, and the only way to properly fix the inefficiencies that result is to reduce excludability and convert the education into a public good. First, Part I will overview how we got here by describing relevant laws and history, the current state of federal case law, and the dire situation for many students throughout the …
Qualified Immunity And The Unintentional, Or Intentional, Chill On Free Speech, Madison Heiney
Qualified Immunity And The Unintentional, Or Intentional, Chill On Free Speech, Madison Heiney
Indiana Journal of Law and Social Equality
No abstract provided.
The Irrationality Of Child Support Enforcement In The United States: Harming Children And Punishing The Poor, Hannah Pitcher
The Irrationality Of Child Support Enforcement In The United States: Harming Children And Punishing The Poor, Hannah Pitcher
Indiana Journal of Law and Social Equality
No abstract provided.
Serving Only To Oppress: An Intersectional And Critical Race Analysis Of Constitutional Originalism Inflicting Harm, Ethan Dawson
Serving Only To Oppress: An Intersectional And Critical Race Analysis Of Constitutional Originalism Inflicting Harm, Ethan Dawson
Indiana Journal of Law and Social Equality
“[T]imes can blind us to certain truths and later generations can see that laws once thought necessary and proper in fact serve only to oppress.” - Justice Anthony Kennedy, Lawrence v. Texas (2003)
This Note will first focus on a historical analysis of originalist constitutional interpretation, drawing attention to initial disparities in the Constitution incompatible with our current social context. It will discuss modern originalism as a method of perpetuating systemic shortcomings, drawing specific attention to originalist interpretation as a method of oppression against white women and people of color, specifically Black women. In analyzing the harm originalism does to …
Incombustible Ideas: Evaluating The Impact Of Federal Court Opinions Regarding Book Banning In Public-School Libraries, Noah T. Holloway
Incombustible Ideas: Evaluating The Impact Of Federal Court Opinions Regarding Book Banning In Public-School Libraries, Noah T. Holloway
Indiana Journal of Law and Social Equality
No abstract provided.
Syringe Service Programs In Indiana: Moving Past The “Moral” Concerns Of Harm Reduction Towards Effective Legislation, Steven Nisi
Syringe Service Programs In Indiana: Moving Past The “Moral” Concerns Of Harm Reduction Towards Effective Legislation, Steven Nisi
Indiana Journal of Law and Social Equality
No abstract provided.
Why Judges Should Use 18 U.S.C. § 3553 To Assess Prison Sentences Qualitatively In The Context Of Collateral Relief, Luke Doughty
Why Judges Should Use 18 U.S.C. § 3553 To Assess Prison Sentences Qualitatively In The Context Of Collateral Relief, Luke Doughty
Indiana Journal of Law and Social Equality
No abstract provided.
An Old Illness: How The United States Uses Racist And Xenophobic Ideas About Disease To Exclude Haitian Migrants During The Covid-19 Pandemic, Emily Mcconnville
An Old Illness: How The United States Uses Racist And Xenophobic Ideas About Disease To Exclude Haitian Migrants During The Covid-19 Pandemic, Emily Mcconnville
Indiana Journal of Law and Social Equality
No abstract provided.
Fair’S Fair: How Public Benefit Considerations In The Fair Use Doctrine Can Patch Bias In Artificial Intelligence Systems, Patrick K. Lin
Fair’S Fair: How Public Benefit Considerations In The Fair Use Doctrine Can Patch Bias In Artificial Intelligence Systems, Patrick K. Lin
Indiana Journal of Law and Social Equality
The impact of artificial intelligence (AI) expands relentlessly despite well documented examples of bias in AI systems, from facial recognition failing to differentiate between darker-skinned faces to hiring tools discriminating against female candidates. These biases can be introduced to AI systems in a variety of ways; however, a major source of bias is found in training datasets, the collection of images, text, audio, or information used to build and train AI systems. This Article first grapples with the pressure copyright law exerts on AI developers and researchers to use biased training data to build algorithms, focusing on the potential risk …
Foreword: 2022 Law Vs. Antisemitism Symposium, Diane Kemker
Foreword: 2022 Law Vs. Antisemitism Symposium, Diane Kemker
Indiana Journal of Law and Social Equality
No abstract provided.
The Antitrust Alternative: Promoting Public Health Through Competition, Michael Cederblom
The Antitrust Alternative: Promoting Public Health Through Competition, Michael Cederblom
Indiana Journal of Law and Social Equality
No abstract provided.
Period Poverty And Life Strains: Efforts Made To Erase Stigma And To Expand Access To Menstrual Hygiene Products, Jennifer L. Brinkley, Nicole Niebuhr
Period Poverty And Life Strains: Efforts Made To Erase Stigma And To Expand Access To Menstrual Hygiene Products, Jennifer L. Brinkley, Nicole Niebuhr
Indiana Journal of Law and Social Equality
No abstract provided.
Accommodating Disabilities In The Post-Covid-19 Workplace, Barbara Hoffman
Accommodating Disabilities In The Post-Covid-19 Workplace, Barbara Hoffman
Indiana Journal of Law and Social Equality
No abstract provided.
What Is An English Jew?: The Legal Construction Of Jewish Identity Under The Uk Equality Act Of 2010, Lesley Klaff
What Is An English Jew?: The Legal Construction Of Jewish Identity Under The Uk Equality Act Of 2010, Lesley Klaff
Indiana Journal of Law and Social Equality
No abstract provided.
Asian American Allyship, Victor C. Romero
Asian American Allyship, Victor C. Romero
Indiana Journal of Law and Social Equality
No abstract provided.
To Be Blunt: Weed Appreciate You Not Flying With Marijuana, But Current Conflicting Cannabis Law Leaves Things Hazy, Emily O'Brien
To Be Blunt: Weed Appreciate You Not Flying With Marijuana, But Current Conflicting Cannabis Law Leaves Things Hazy, Emily O'Brien
Indiana Journal of Law and Social Equality
No abstract provided.
Anti-Semitism And The Overlooked Benefits Of Allowing “Hate Speech”, Michael Conklin
Anti-Semitism And The Overlooked Benefits Of Allowing “Hate Speech”, Michael Conklin
Indiana Journal of Law and Social Equality
No abstract provided.
Neither Here Nor There: Nonbinary, Law, Student, Celia Meredith
Neither Here Nor There: Nonbinary, Law, Student, Celia Meredith
Indiana Journal of Law and Social Equality
No abstract provided.
Economic Impact Payments: How The Cares Act Failed To Care For America’S Homeless Population, Megan Cicotte
Economic Impact Payments: How The Cares Act Failed To Care For America’S Homeless Population, Megan Cicotte
Indiana Journal of Law and Social Equality
No abstract provided.
Inconsistencies In Bail Determinations: An Analysis Of Judicial Decision- Making, Kacey Henning
Inconsistencies In Bail Determinations: An Analysis Of Judicial Decision- Making, Kacey Henning
Indiana Journal of Law and Social Equality
No abstract provided.