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Full-Text Articles in Law

The Vote Is Precious, Melissa A. Logan Nov 2016

The Vote Is Precious, Melissa A. Logan

Indiana Journal of Law and Social Equality

This Note traces the history of the voter suppression in the United States, connecting present-day efforts to restrict access to the polls to harmful practices of the past. After demonstrating that the United States has never truly fulfilled the promise of the Fifteenth Amendment—that no citizen shall be denied the right to vote based on race, color, or previous condition of servitude—I argue that the federal government must take steps to protect voters from racial discrimination. I propose that Congress can use the power bestowed to it under the Elections Clause to regulate the time, place, and manner of elections …


Drawing The Line For Democratic Choice: How The Petition Clause Can Restore A Citizen’S Right To Participate In Commission-Driven Redistricting, Mateo Forero Nov 2016

Drawing The Line For Democratic Choice: How The Petition Clause Can Restore A Citizen’S Right To Participate In Commission-Driven Redistricting, Mateo Forero

Indiana Journal of Law and Social Equality

In this Article, I argue that commission-driven redistricting (and the “apolitical” process enshrined therein) frustrates a citizen’s right to meaningfully participate in electoral design. This right is fundamental, and has long been safeguarded by the First Amendment’s assertion that “Congress shall make no law . . . abridging . . . the right of the people . . . to petition the Government for a redress of grievances.” Accordingly, I propose that courts use the Petition Clause as a constitutional remedy against rules that abridge substantive public input in commission-driven redistricting. To illustrate this claim, I analyze how one commonly …


Gerrymandering Revisited—Searching For A Standard, Theodore R. Boehm Nov 2016

Gerrymandering Revisited—Searching For A Standard, Theodore R. Boehm

Indiana Journal of Law and Social Equality

No abstract provided.


Inefficient Inequality, Shi-Ling Hsu Oct 2016

Inefficient Inequality, Shi-Ling Hsu

Indiana Journal of Law and Social Equality

For the past several decades, much American lawmaking has been animated by a concern for economic efficiency. At the same time, broad concerns over wealth and income inequality have roiled American politics, and still loom over lawmakers. It can be reasonably argued that a tension exists between efficiency and equality, but that argument has had too much purchase over the past few decades of lawmaking. What has been overlooked is that inequality itself can be allocatively inefficient when it gives rise to collectively inefficient behavior. Worse still, some lawmaking only masquerades as being efficiency-promoting; upon closer inspection, some of this …


Campus Racial Unrest And The Diversity Bargain, Steven W. Bender Oct 2016

Campus Racial Unrest And The Diversity Bargain, Steven W. Bender

Indiana Journal of Law and Social Equality

No abstract provided.


The Imposition Of Social Justice Morality In Legal Education, Julie D. Lawton Apr 2016

The Imposition Of Social Justice Morality In Legal Education, Julie D. Lawton

Indiana Journal of Law and Social Equality

No abstract provided.


When Poverty Is The Diagnosis: The Health Effects Of Living Without On The Individual, Emily A. Benfer, Amanda Walsh Apr 2016

When Poverty Is The Diagnosis: The Health Effects Of Living Without On The Individual, Emily A. Benfer, Amanda Walsh

Indiana Journal of Law and Social Equality

No abstract provided.


Civil Disobedience To Overcome Corruption: The Case Of Occupy Wall Street, M. Patrick Yingling Apr 2016

Civil Disobedience To Overcome Corruption: The Case Of Occupy Wall Street, M. Patrick Yingling

Indiana Journal of Law and Social Equality

No abstract provided.


Sequela: Casey, Gonzales, And State Legislatures' Unscrupulous Use Of Science In Crafting Legislation To Regulate Pregnant Women And Women's Access To Reproductive Health, Samantha Von Ende Apr 2016

Sequela: Casey, Gonzales, And State Legislatures' Unscrupulous Use Of Science In Crafting Legislation To Regulate Pregnant Women And Women's Access To Reproductive Health, Samantha Von Ende

Indiana Journal of Law and Social Equality

Sparked by the unprecedented number of reproductive healthcare restrictions proposed and enacted by state governments from 2010 to 2014, this Note seeks to document the troubling trend and varying manifestations of legislation premised on unsound scientific evidence and purportedly enacted to advance states' recognized interests in protecting women's health and potential life. Such legal restrictions take many forms and are divided into four categories for the purpose of this paper: (1) Targeted Regulation of Abortion Providers, or TRAP laws; (2) Fetal Protection Laws that criminalize the behavior of pregnant women; (3) Fetal Protection Laws that impose complete bans on abortion …


Wanted For Being A Pregnant Teen: A Draconian Approach To Reducing Teen Pregnancy And Prosecuting Statutory Rape, Haddy Rikabi Jan 2016

Wanted For Being A Pregnant Teen: A Draconian Approach To Reducing Teen Pregnancy And Prosecuting Statutory Rape, Haddy Rikabi

Indiana Journal of Law and Social Equality

No abstract provided.


Free Tilly?: Legal Personhood For Animals And The Intersectionality Of The Civil & Animal Rights Movements, Becky Boyle Jan 2016

Free Tilly?: Legal Personhood For Animals And The Intersectionality Of The Civil & Animal Rights Movements, Becky Boyle

Indiana Journal of Law and Social Equality

No abstract provided.


"Bring Your Own Device" Policies Also Bring Complications In Workplace Sexual Harassment Lawsuits, Morgan Davenport Jan 2016

"Bring Your Own Device" Policies Also Bring Complications In Workplace Sexual Harassment Lawsuits, Morgan Davenport

Indiana Journal of Law and Social Equality

No abstract provided.


Foreclosure Mediation As An Enforcement Mechanism, Stacey Tutt Jan 2016

Foreclosure Mediation As An Enforcement Mechanism, Stacey Tutt

Indiana Journal of Law and Social Equality

No abstract provided.


Syria - Another Drawback For R2p?: An Analysis Of R2p'S Failure To Change International Law On Humanitarian Intervention, Muditha Halliyade Dr. Jan 2016

Syria - Another Drawback For R2p?: An Analysis Of R2p'S Failure To Change International Law On Humanitarian Intervention, Muditha Halliyade Dr.

Indiana Journal of Law and Social Equality

No abstract provided.


The "Rabbi's Daughter" And The "Jewish Jane Addams": Jewish Women, Legal Aid, And The Fluidity Of Identity, 1890-1930, Felice Batlan Jan 2016

The "Rabbi's Daughter" And The "Jewish Jane Addams": Jewish Women, Legal Aid, And The Fluidity Of Identity, 1890-1930, Felice Batlan

Indiana Journal of Law and Social Equality

No abstract provided.


Exploring An Old Act For New Protections: How Title Ii Of The Ada Protects Pregnant Women Undergoing Methadone Treatment From State Agency Child Removal, Haley Johnston Jan 2016

Exploring An Old Act For New Protections: How Title Ii Of The Ada Protects Pregnant Women Undergoing Methadone Treatment From State Agency Child Removal, Haley Johnston

Indiana Journal of Law and Social Equality

No abstract provided.


The Confluence Of Gender And Poverty: The Shameful History Of The Trafficking Of Poor Persons For Sexual Exploitation, Jody Raphael Jan 2016

The Confluence Of Gender And Poverty: The Shameful History Of The Trafficking Of Poor Persons For Sexual Exploitation, Jody Raphael

Indiana Journal of Law and Social Equality

No abstract provided.