Law Commons^™

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, …

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 …

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 …

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 …

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 …

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 …

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 …

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.

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

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

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

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

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

Indiana Journal of Law and Social Equality

No abstract provided.

Accommodating Disabilities In The Post-Covid-19 Workplace, Barbara Hoffman

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

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

Indiana Journal of Law and Social Equality

No abstract provided.

Foreword: 2022 Law Vs. Antisemitism Symposium, Diane Kemker

Indiana Journal of Law and Social Equality

No abstract provided.

Asian American Allyship, Victor C. Romero

Indiana Journal of Law and Social Equality

No abstract provided.

Anti-Semitism And The Overlooked Benefits Of Allowing “Hate Speech”, Michael Conklin

Indiana Journal of Law and Social Equality

No abstract provided.

The Antitrust Alternative: Promoting Public Health Through Competition, Michael Cederblom

Indiana Journal of Law and Social Equality

No abstract provided.

Implicating Implicit Bias In The Judiciary: Using Contextual Analyses To Bring About Meaningful Systemic Reform, Stephen Morris

Indiana Journal of Law and Social Equality

No abstract provided.

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

Indiana Journal of Law and Social Equality

No abstract provided.

Inconsistencies In Bail Determinations: An Analysis Of Judicial Decision- Making, Kacey Henning

Indiana Journal of Law and Social Equality

No abstract provided.

Post-Aedpa Compromise: Increased Habeas Corpus Relief For Capital Cases And Tighter Restrictions For Noncapital Cases, Nicholas Beekhuizen

Indiana Journal of Law and Social Equality

No abstract provided.

A Heritage Of Bias: From Naturalization And Immigration Laws In The Late 19th To Early 20th Centuries To Contemporary Bias Against Muslims And Latines, William D. Popkin

Indiana Journal of Law and Social Equality

No abstract provided.

The Warren Court And Living Constitutionalism, Alex Tobin

Indiana Journal of Law and Social Equality

No abstract provided.

Last In Line: Vaccine Scarcity And The Americans With Disabilities Act, Jessica Gunder

Indiana Journal of Law and Social Equality

No abstract provided.

The Abortion Paradox: How States Fail To Reconcile Their Parens Patriae Duty To Protect Minors With The Lack Of Sexual Assault And Incest Exceptions In Stringent Abortion Regulations, Adina Abrahami

Indiana Journal of Law and Social Equality

No abstract provided.