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Ochoa, Big Ten Law Deans Pledge Support For Diversity Ahead Of Scotus Affirmative Action Ruling, The Indiana Lawyer

Christiana Ochoa (7/22-10/22 Acting; 11/2022-)

s the U.S. Supreme Court prepares to hand down a decision that could fundamentally alter affirmative action, a group of law school deans — including Dean Christiana Ochoa of the Indiana University Maurer School of Law — has issued a statement affirming the deans’ commitment to diversity.

The group of 15 deans represent Big Ten law schools, including IU Maurer. In their statement — which IU Maurer posted to its official Facebook page — the deans say they are “joining together to affirm our commitment to advancing diversity, equity, and inclusion through legally permissible means, regardless of the outcome of …

Animus And Its Alternatives: Constitutional Principle And Judicial Prudence, Daniel O. Conkle

Articles by Maurer Faculty

In a series of cases addressing sexual orientation and other issues, the Supreme Court has ruled that animus-based lawmaking is constitutionally impermissible. The Court treats animus as an independent and sufficient basis for invalidation. Moreover, it appears to regard animus as a doctrine of first resort, to be utilized even when an alternative constitutional rationale, such as declaring a challenged classification suspect or quasi-suspect, would readily justify the same result. Responding especially to Professor William D. Araiza’s elaboration and defense of the Court’s animus doctrine, I agree that this doctrine is sound, indeed compelling, as a matter of constitutional principle. …

Religious Arguments, Religious Purposes, And The Gay And Lesbian Rights Cases, Steve Sanders

Articles by Maurer Faculty

No abstract provided.

Post-Racialism And The End Of Strict Scrutiny, David Schraub

Indiana Law Journal

In recent years, a growing social consensus has emerged around the aspiration of a “post-racial” America: one where race is no longer a fault line for social strife or, perhaps, a morally significant trait whatsoever. This ambition, however, lies in tension with the most basic constitutional principle governing our treatment of race in the public sphere: that of “strict scrutiny.” Post-racialism seeks to diminish the salience of race to near negligibility. The strict scrutiny of racial classifications, by contrast, significantly enhances the salience of race by treating it differently from virtually every other personal attribute or characteristic—including hair or eye …

Pavan V. Smith: Equality For Gays And Lesbians In Being Married, Not Just Getting Married, Steve Sanders

Articles by Maurer Faculty

No abstract provided.

Race, Restructurings, And Equal Protection Doctrine Through The Lens Of Schuette V. Bamn, Steve Sanders

Articles by Maurer Faculty

No abstract provided.

Autism Charter Schools: Legally Vulnerable Or Viable?, Janet R. Decker, Keshia Seitz, Bruce Kulwicki

Indiana Journal of Law and Social Equality

Perhaps due to the dramatic increase in children diagnosed with autism, a new type of charter school has emerged that is designed to specifically serve students with autism. If these autism charter schools illegally segregate students with autism from typically developing peers, they are vulnerable to legal challenges. In this Article, we identified many constitutional and statutory violations that could exist at autism charter schools; however, our review of the litigation found that autism charter schools have not been challenged for these legal violations. Instead, we found only one charter school case alleging segregation based on ability level and eight …

Equal Access And The Right To Marry, Deborah Widiss, Nelson Tebbe

Articles by Maurer Faculty

How should courts think about the right to marry? This is a question of principle, of course, but it has also become a matter of litigation strategy for advocates challenging different-sex marriage requirements across the country. We contend that courts and commentators have largely overlooked the strongest argument in support of a constitutional right to marry. In our view, the right to marry is best conceptualized as a matter of equal access to government support and recognition and the doctrinal vehicle that most closely matches the structure of the right can be found in the fundamental interest branch of equal …

Baker's Promise, Equal Protection, And The Modern Redistricting Revolution: A Plea For Rationality, Luis Fuentes-Rohwer

Articles by Maurer Faculty

The conventional wisdom contends that Baker v. Carr did not set down a standard for lower courts to follow. This Article responds to this position. It reaches three conclusions. First, it argues the implicit promise of Baker v. Carr pointed toward a loose, flexible rationality standard for deciding redistricting controversies. Under this approach, states were given much room to enact redistricting plans in accordance to their states' particular needs. Second, the lower courts applied precisely this standard in litigation in the wake of Baker, and did so quite capably. This conclusion responds to those who exhort the imposition of a …

Re-Viewing History: The Use Of The Past As Negative Precedent In United States V. Virginia, Deborah A. Widiss

Articles by Maurer Faculty

No abstract provided.

The Creation Of Fetal Rights: Conflicts With Women's Constitutional Rights To Liberty, Privacy, And Equal Protection, Dawn E. Johnsen

Articles by Maurer Faculty

No abstract provided.

Comparative Negligence Versus The Constitutional Guarantee Of Equal Protection: A Hypothetical Judicial Decision, Daniel O. Conkle, Claude R. Sowle

Articles by Maurer Faculty

No abstract provided.

The Contingent Compensation Of Expert Witnesses In Civil Litigation, Reed E. Shaper

Indiana Law Journal

No abstract provided.

The Impact Of Geduldig V. Aiello On The Eeoc Guidelines On Sex Discrimination, Rhoda Bunnell

Indiana Law Journal

No abstract provided.

De Facto School Segregation And The "State Action" Requirement: A Suggested New Approach, Dennis Powers

Indiana Law Journal

No abstract provided.

Legal Dimensions Of Women's Liberation: An Overview, Robert A. Sedler

Indiana Law Journal

No abstract provided.

Wellsand V. Valparaiso Community School Corporation: Equal Protection For The Married Football Player, Randolph L. Seger

Indiana Law Journal

No abstract provided.

Mr. Justice Brennan And The Condition Of Unconstitutional Conditions, Robert M. O'Neil

Articles by Maurer Faculty

No abstract provided.

Special Service Districts In A City-County Consolidation: Conflict Between Metropolitan Reform And "One Man-One Vote" In Indianapolis-Marion County, Michael J. Huston

Indiana Law Journal

Recent Developments in Indiana Law

Durational Residency Requirements In State Elections: Blumstein V. Ellington, James R. Fisher

Indiana Law Journal

No abstract provided.

The Blaine Amendment And The Bill Of Rights, Alfred W. Meyer

Articles by Maurer Faculty

No abstract provided.

Peremptory Challenging Of Negro Veniremen As Discrimination Against Negro Criminal Defendant

Indiana Law Journal

Recent Cases: Juries