Law Commons^™

Vol. 63, No. 09 (October 24, 2022)

Indiana Law Annotated

No abstract provided.

Mmu: 10/24/22–10/30/22, Student Bar Association

Monday Morning Update

This Week @ NDLS

Mass Times

Commons Daily Menu

General Announcements

1L of the Week: Rania Khamees

2Ls Taking Ls: Jackie Muallem

Ask a 3L: Jensen Rehn!

LLM Feature: Faisal Yamil Meneses

Jackie's Corner

The Reintroduction Of The Consumer Bankruptcy Reform Act: Throwing Debtors A Lifeline, Zoe Zingale

Cardozo Journal of Equal Rights and Social Justice Blog

In an ideal world, the United States consumer bankruptcy system provides a “fresh start” to individuals who find themselves in financial distress for reasons beyond their control while also stimulating the economy by allowing debtors the ability to engage in transactions. In reality, however, overly complex laws and procedures in the Bankruptcy Code prevent this system from functioning at its full potential. Moreover, current procedural complications too often lead to significant racially disparate outcomes that disadvantage people of color.

This post was originally published on the Cardozo Journal of Equal Rights and Social Justice website on October 24, 2022. The …

Concerns Re: Rikers Island And The Increase In Inmate Deaths, Emma Guggenheimer

Cardozo Journal of Equal Rights and Social Justice Blog

In recent years, New York City’s jail system has been in a state of constant crisis due to overcrowding, violence, and consistent sick outs from correction officers. When Mayor Eric Adams took office in January 2022, Department of Corrections commissioner Louis Molina said he was “unequivocally committed to transparency and restoring public trust in the agency.” The agency has been plagued by corruption and sixteen detainee deaths in 2021. As of September 27, 2022, sixteen people have died after being held in Riker’s Island, even as officials have rushed to implement reforms to stave off a looming June 2022 threat …

New York Times, Law Of War, And Congressional Overreach In U.S. Military Operations, Brian L. Cox

Cornell Law Faculty Working Papers

Recent high-profile reporting by the New York Times and other media organizations involving U.S. military combat operations has elevated public awareness related to Department of Defense targeting and accountability practices. While scandal generated by media coverage forms the basis for demands for reform of DoD practice from civil society groups and select members of Congress, the narratives developed in the investigative reporting have thus far not been exposed to comprehensive scrutiny. This article conducts a critical analysis of recent New York Times reporting involving U.S. military combat operations to assess the legitimacy of the narratives developed therein. After considering various …

Border Orientation In A Globalizing World, Beth A. Simmons, Michael R. Kenwick

All Faculty Scholarship

Border politics are a salient component of high international politics. States are increasingly building infrastructure to ‘secure’ their borders. We introduce the concept of border orientation to describe the extent to which the State is committed to the spatial display of capacities to control the terms of penetration of its national borders. Border orientation provides a lens through which to analyze resistance to globalization, growing populism, and the consequences of intensified border politics. We measure border orientation using novel, geo-spatial data on the built environment along the world’s borders and theorize that real and perceived pressures of globalization have resulted …

Does An Initial Public Offering (Ipo) Issuer's Securities And Exchange Commission Registration Fee Calculation Method Predict Pricing Revisions And Ipo Underpricing?, Patrick Corrigan

Journal Articles

This paper proposes a new proxy for the ex ante expectations of issuers and their underwriters about the direction of pricing revisions during the roadshows of an initial public offering (IPO): the way issuers elect to calculate the registration fees owed to the Securities and Exchange Commission. Consistent with fee-minimizing decision-making, I find that the choice of fee calculation method is associated with pricing revisions and IPO underpricing. This relationship suggests that issuers or their advisors may not incorporate economically significant private valuation information into the initial pricing range estimate and initial public offering price. The results provide empirical support …

Reconciling Copyright "Restoration" For Pre-1972 Foreign Sound Recordings With The Classics Protection And Access Act, Tyler T. Ochoa

Faculty Publications

When Congress first added sound recordings to the Copyright Act, it acted prospectively only: sound recordings fixed on or after February 15, 1972, received federal statutory copyright protection, while sound recordings fixed before February 15, 1972, were left to the vagaries of state law. This historic inequity was corrected in 2018 with enactment of the Classics Protection and Access Act (CPA), which provides sui generis protection to pre-1972 sound recordings that is similar, but not identical, to federal copyright protection. But there is a subset of pre-1972 sound recordings that already had federal copyright protection before the CPA was enacted: …

Advocates’ Perspectives On The Canadian Prison Mother Child Program, Martha Paynter, Clare Heggie, Ruth Martin-Misener, Adelina Iftene, Gail Tomblin Murphy

Articles, Book Chapters, & Popular Press

Over twenty years ago, Correctional Services Canada launched the Mother Child Program (MCP) to mitigate harms of separating incarcerated mothers from their babies. It has never been subjected to internal evaluation or independent study. The aim of the qualitative study was to explore the experiences of advocates employed by Elizabeth Fry Societies (EFS), community organizations dedicated to the support of incarcerated women, with respect to supporting people who were pregnant or had young children while federally incarcerated and did or did not participate in the MCP.

More On The Varying Meanings Of “Congress” And “Legislature”, Michael Herz

Faculty Online Publications

In a recent Election Law Blog post regarding the Independent State Legislature doctrine, Rick Pildes observes that the term “Congress” in the U.S. Constitution sometimes means Congress acting alone and sometimes means Congress acting through legislation. Given that, it makes perfect sense that the term “legislature” can also sometimes mean the one and sometimes the other. I agree. This post just expands the intratextual analysis.

Case Files From The Late Hon. Michael S. Kanne Donated To The Jerome Hall Law Library, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

The case files of the late Judge Michael S. Kanne have been donated to the Indiana University Maurer School of Law’s Jerome Hall Law Library.

Kanne, a 1968 graduate of the Law School, served on the U.S. Court of Appeals for the Seventh Circuit from 1987 up until his death in June 2022. Prior to his elevation to the Seventh Circuit, Judge Kanne served on the bench of the U.S. District Court of the Northern District of Indiana.

Judge Kanne’s files span the entirety of his service on the Seventh Circuit, and contain papers regarding opinions, concurrences, and dissents …

Social Justice & Equity In Higher Education: Disrupting Performative Equitable Practices, Roger Cleveland

Justice Festival at Morehead State University

A PowerPoint presentation, titled "Social Justice & Equity in Higher Education: Disrupting Performative Equitable Practices," given by Roger Cleveland at the Justice Festival held on the campus of Morehead State University on October 19, 2022.

Reproductive Rights After Dobbs, Bernadette Barton

Justice Festival at Morehead State University

A PowerPoint presentation, titled "Reproductive Rights after Dobbs," given by Bernadette Barton at the Justice Festival held on the campus of Morehead State University on October 19, 2022.

Issues Of Justice And Equity In Special Education: Labels, Language, And Problems With The Medical Model Of Disability, Casey Cosgriff, Suzannah Chapman

Justice Festival at Morehead State University

A PowerPoint presentation, titled "Issues of Justice and Equity in Special Education: Labels, Language, and Problems with the Medical Model of Disability," given by Casey Cosgriff and Suzannah Chapman at the Justice Festival held on the campus of Morehead State University on October 19, 2022.

2022 Justice Festival Program: Breakout Sessions, Caudill College Of Arts, Humanities, And Social Sciences

Justice Festival at Morehead State University

2022 Justice Festival Program: Breakout Sessions Program.

The 'Merge' Did Not Fix Ethereum, Hilary J. Allen

Popular Media

The Ethereum blockchain that facilitates much of the crypto world last month finally accomplished the long-promised and oft-delayed “Merge”, a technical switch in the way it works.

A Little Immigration History: "It's Deja Vu All Over Again", David Grise

Justice Festival at Morehead State University

A PowerPoint presentation, titled "A Little Immigration History: It's Deja Vu All Over Again," given by David Grise at the Justice Festival held on the campus of Morehead State University on October 19, 2022.

Cultural Competence In Mental Health Care, Lynn Geurin, Taunya Carpenter, Megan Cox

Justice Festival at Morehead State University

A PowerPoint presentation, titled "Cultural Competence in Mental Health Care," given by Lynn Geurin, Taunya Carpenter, and Megan Cox at the Justice Festival held on the campus of Morehead State University on October 19, 2022.

Integrating Doctrine And Diversity Speaker Series: Integrating Content On American Indian Law And Indigenous Identities, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Antitrust As An Instrument Of Democracy, Daniel A. Crane

Duke Law Journal Online

No abstract provided.

The New Nil Market May Decrease Overseas Professional Basketball Recruitment Of United States Talent, Diego Colonna

Cardozo International & Comparative Law Review Blog

At only nineteen years old, Cade Cunningham earned a $10.05 million salary to join the Detroit Pistons as the first overall pick in the 2021 National Baseball Association (the “NBA”) Draft. The remaining top ten picks also earned multi-million-dollar salaries at similarly young ages. With the potential to make millions in their early twenties, it is no wonder why thousands of high school-aged basketball players dream of playing in the NBA one day. In addition to the fierce competition and limited opportunities, there is one major hurdle that young players need to overcome to realize this dream: the NBA’s “one-and-done” …

Democracy Harms And The First Amendment, Deborah Pearlstein

Faculty Articles

The First Amendment tolerates—has long tolerated—the regulation of certain kinds of false speech. Indeed, regulable lies are not limited to traditionally less-protected categories of speech like defamation and commercial deception. They include an array of other established speech regulations, administered by government institutions every day, from criminal laws barring perjury and other lies to government officials, to disciplinary measures by elected bodies sanctioning members for false or otherwise objectionable speech. Yet while it is easy to identify the kinds of lies that existing doctrinal categories make regulable for the personal, physical, or reputational harms they inflict on individuals¸ it has …

2022 Nebraska Ballot Issues, J. David Aiken

Cornhusker Economics

Three issues will be on the 2022 statewide ballot, one proposed by the Nebraska Unicameral and two added to the ballot by initiative petition. The three issues are: 1) public payments to expand commercial airline service; 2) requiring photo IDs for voting; and 3) increasing the Nebraska minimum wage from $9/hour to $15/hour.

Wise Practices: Indigenous-Settler Relations In Laurentian Great Lakes Fishery Governance And Water Protection, Kate J. Mussett, Susan Bell Chiblow, Deborah Mcgregor, Rod Whitlow, Ryan Lauzon, Kaitlin Almack, Nicholas Boucher, Alexander T. Duncan, Andrea J. Reid

Articles & Book Chapters

Ongoing tensions between Indigenous and non-Indigenous communities working in support of the protection and management of fish and water in North America have necessitated a shift from current structures towards relationships built upon and driven by respect, relevance, reciprocity, and responsibility. Similarly, the cumulative and evolving effects of climate change, industrialization, resource extraction, and displacement of Indigenous Peoples from their traditional and contemporary lands and waters requires purposeful application of decolonizing methods in aquatic systems management and protection, which in turn aids in the re-establishment of agency to Indigenous Peoples. This article endeavors to outline critical differences in ‘best …

Vol. 63, No. 08 (October 17, 2022)

Indiana Law Annotated

No abstract provided.

Inflation Reduction Act’S Reception By Global Trading Partners, Sophia Hilsman

Cardozo International & Comparative Law Review Blog

The Biden Administration touted the Inflation Reduction Act (the “IRA”), signed on August 16, 2022, as “the most aggressive action on tackling the climate crisis in American history.” The world desperately needs climate action. The seven warmest years recorded on Earth were 2015 to 2021. In 2021, global fossil fuel carbon dioxide emissions “returned to the pre-pandemic levels of 2019.”

This post was originally published on the Cardozo International & Comparative Law Review on October 15, 2022. The original post can be accessed via the Archived Link button above.

The Law Of Friends, Ezra Rosser

Articles in Law Reviews & Other Academic Journals

A serious law professor would not write an article about the TV show Friends, but having just written a book and an article, I’m on a “break.” Besides, I’m not that serious a law professor. And Friends is as good a topic as any. For those of us of a certain age—too young to have watched M.A.S.H. when it came out and old enough to remember watching broadcast TV and not just through a streaming service on a device—Friends was and is a big deal. It both captured a particular moment in history and helped make that moment.

Looking back …

Brief Of Amici Curiae Jewish Coalition For Religious Liberty, Islam & Religious Freedom Action Team Of The Religious Freedom Institute, And Notre Dame Law School Religious Liberty Clinic In Support Of Petitioners, John A. Meiser, Nicole Stelle Garnett

Court Briefs

No. 22-238
Charter Day School, Inc. v. Bonnie Peltier

On Petition for a Writ of Certiorari to the United States Court of Appeals for the Fourth Circuit

From the Summary of Argument

The Fourth Circuit’s gross misapplication of state-action doctrine contradicts decades of precedent and expands the doctrine beyond its breaking point. If not corrected, that analysis would also endanger many vital public services provided by religious charitable groups and undermine this Court’s recent free-exercise cases in the process.

Ochoa Selected As New Dean Of Iu Maurer, First Person Of Color To Lead Law School, Jordan Morey

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

The next dean of the Indiana University Maurer School of Law will come from in house.

IU Maurer announced longtime faculty member Christiana Ochoa as the 17th dean in the law school’s history on Thursday.

Ochoa, who has served as interim dean since July, will move into the full-time deanship at the Bloomington school effective Nov. 1. She is the first person of color and the second woman to be named dean in IU Maurer’s history.

Additionally, according to IU Maurer, Ochoa is the eighth Latina ever to serve as the dean of a U.S. law school.

Law School News: Rewards Of The Road Less Traveled 10-13-2022, Michelle Choate

Life of the Law School (1993- )

No abstract provided.