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Upskirting, Bitcoin, And Crime, Oh My: Judicial Resistance To Applying Old Laws To New Crimes – What Is A Legislature To Do?, Michael Whiteman

Indiana Law Journal

As technology continues to advance at a break-neck speed, legislatures often find themselves scrambling to write laws to keep up with these advances. Prosecutors are frequently faced with the prospect of charging a defendant with a crime based on an existing law that does not quite fit the circumstances of the defendant’s actions. Judges, cognizant of the fact that legislatures, and not the judiciary, have the primary responsibility for creating crimes, have pushed back. Judges routinely refuse to convict a defendant if the statute does not fairly criminalize the defendant’s actions. To determine if a defendant’s actions fit within a …

Money That Costs Too Much: Regulating Financial Incentives, Kristen Underhill

Indiana Law Journal

Money may not corrupt. But should we worry if it corrodes? Legal scholars in a range of fields have expressed concern about “motivational crowding-out,” a process by which offering financial rewards for good behavior may undermine laudable social motivations, like professionalism or civic duty. Disquiet about the motivational impacts of incentives has now extended to health law, employment law, tax, torts, contracts, criminal law, property, and beyond. In some cases, the fear of crowding-out has inspired concrete opposition to innovative policies that marshal incentives to change individual behavior. But to date, our fears about crowding-out have been unfocused and amorphous; …

I Did My Time: The Transformation Of Indiana’S Expungement Law, Joseph C. Dugan

Indiana Law Journal

This Note evaluates the transformation of Indiana’s expungement law. Part I addresses the socioeconomic impacts of a criminal record. Part II presents normative arguments both for and against expungement, concluding that the balance tips in favor of forgiveness. Parts III–IV discuss Indiana’s original expungement provisions, the 2013 statute, and the 2014 amendments. Part V explores the reaction to the new law. Finally, Part VI offers recommendations to improve the statute so that its second-chance promise is equitable, accessible, and robust.

Domestic Violence, Gun Possession, And The Importance Of Context, Wesley M. Oliver

Indiana Law Journal

Context is everything.

A federal law prohibits those convicted of committing an act of domestic violence from possessing weapons. 1 This term, the U.S. Supreme Court decided that this statute would apply even to those convicted of crimes that did not necessarily involve violent acts.2 This conclusion strains the ordinary meaning of language, but is quite consistent with a long tradition in criminal cases that favors a pro-government interpretation of a statute when the public welfare is at stake. And domestic violence, Justice Sotomayor stressed in her opinion, has reached epidemic levels, prompting Congress to get guns out of the …

Bullycide In American Schools: Forging A Comprehensive Legislative Solution, Jason A. Wallace

Indiana Law Journal

No abstract provided.

Crossroads And Signposts: The Ada Amendments Act Of 2008, Jeannette Cox

Indiana Law Journal

Although the apparent purpose of the 2008 amendments to the Americans with Disabilities Act (ADA) is solely to broaden the ADA 's protected class, the manner in which the amendments achieve this purpose erodes the statute's explicit textual support for understanding persons with disabilities as a politically subordinated minority. The amendments also strengthen the statutory link between the biological severity of a person's disability and that person's right to sue for ADA accommodations. Accordingly, for some courts, the amendments will reinforce the perception that the ADA differs from traditional civil rights law.

Federal courts' understanding of the ADA 's relationship …

Juvenile Competency Statutes: A Model For State Legislation, Kellie M. Johnson

Indiana Law Journal

No abstract provided.

Making The Case For Megan's Law: A Study In Legislative Rhetoric, Daniel M. Filler

Indiana Law Journal

No abstract provided.

The Racial Hoax As Crime: The Law As Affirmation, Katheryn K. Russell

Indiana Law Journal

No abstract provided.

Indiana's Guilty But Mentally Ill Statute: Blueprint To Beguile The Jury, Scott A. Kinsey

Indiana Law Journal

No abstract provided.

A Judicial Response To The New Juvenile Code, J. Brandon Griffis

Indiana Law Journal

The National Debate and State Level Response: The New Indiana Juvenile Code, Symposium

This Code Is Rated "R" - Second-Class Citizenship Under Indiana's New Juvenile Code, J. Richard Keifer

Indiana Law Journal

The National Debate and State Level Response: The New Indiana Juvenile Code, Symposium

The National Debate And State Level Response: The New Indiana Juvenile Code (Symposium Introduction), Dan Hopson

Indiana Law Journal

The National Debate and State Level Response: The New Indiana Juvenile Code, Symposium

Jurisdiction Over Misbehaving Children And Their Parents Under The New Indiana Juvenile Law, Lee E. Teitelbaum

Indiana Law Journal

The National Debate and State Level Response: The New Indiana Juvenile Code, Symposium

At Long Last Credibility: The Role Of The Attorney For The State Under Indiana's New Juvenile Code, David W. Bahlmann, Stephen J. Johnson

Indiana Law Journal

The National Debate and State Level Response: The New Indiana Juvenile Code, Symposium

Declaratory Judgments: Federal Anticipatory Relief From State Criminal Statutes After Steffel V. Thompson, Christopher A. Bloom

Indiana Law Journal

No abstract provided.

Constitutional Aspects Of State Extradition Legislation

Indiana Law Journal

No abstract provided.

Constitutionality Of Criminal Statutes Containing No Requirement Of Mens Rea

Indiana Law Journal

Criminal Law Note