Digital Commons Network^™

Vol. 63, No. 03 (September 6, 2022)

Indiana Law Annotated

No abstract provided.

The Saudi Judge's Discretion In Liquidated Damage Clauses: An Applied Analytical Study In Light Of Islamic Sharia Law, Salman Mufleh R. Al-Kahtani

Maurer Theses and Dissertations

This dissertation studies the treatment by Saudi judges under Islamic Sharia law of liquidated damages clauses in contracts, a critical part of modern commercial transactions.

After introducing the basic and secondary sources of Islamic law and discussing the current treatment of the liquidated damages clause by Saudi judges according to general Islamic rules and the four jurisprudence schools, this dissertation demonstrates that Saudi judges have broad discretion in applying jurisprudence rules, particularly Hanbali jurisprudence, the applicable jurisprudence in the Saudi courts.

Numerous interpretations of the same jurisprudential rule exist, resulting in multiple judicial rulings for the same jurisprudential rule. Among …

Vol. 63, No. 02 (August 29, 2022)

Indiana Law Annotated

No abstract provided.

Criminal Defamation And Freedom Of Speech In The Internet Age: A Study For Indonesian Democratic Values, Eka Nugraha Putra

Maurer Theses and Dissertations

For a country that has been declared a democratic nation since it gained independence, Indonesia still faces the real challenge of maintaining democratic values. Currently, Indonesian legal regulations do not provide a clear standard for when speech is protected and when it can be considered actionable defamation. The obscure scope of the law means that it can affect some kinds of speech, such as opinion or criticism, and render that speech punishable as a crime.

This study analyzes Indonesia’s criminal defamation laws by examining what is protected and unprotected speech. The study examines various laws, including Indonesian statutes and judicial …

Due Diligence In A Pandemic: State Accountability For Covid-19 Under International Law, Andrea Cocchini, Gonzalo Villalta Puig

Indiana Journal of Global Legal Studies

The coronavirus disease 2019 pandemic has tested the response capacity of the international community. This article analyses the due diligence principle and the various international legal instruments that restate it in an assessment of the possible actions that states could have taken to avoid or, at least, contain the initial outbreak of the pandemic.

Voting By Proxy-Meddling In Foreign Elections And Public International Law, Patrick C. R. Terry

Indiana Journal of Global Legal Studies

Following the alleged Russian meddling in the 2016 US presidential election, there has been noticeable interest in the lawfulness of foreign interference in another state's elections under public international law. The obvious lack of previous research on the issue is surprising, given that election meddling in other states has been a widespread practice since at least the end of World War II. Indeed, according to Dov Levin, between 1946 and 2000, the United States and the Soviet Union (and Russia) alone were responsible for 117 partisan "electoral interventions" in other states. What is more, meddling in foreign elections is effective. …

Russia's Utilization Of The Covid-19 Pandemic: Lockdowns, Re-Sovereignization, And Disengagement From The West, Alexandra Orlova

Indiana Journal of Global Legal Studies

This article discusses the challenges that the COVID-19 pandemic poses to the current concepts of globalization, universality of human rights, and the rules-based international order. This article discusses how Russia has used the COVID-19 pandemic to accelerate its move away from Western ideas and institutions so as to solidify the power of its executive branch. In particular, this article examines the Russian Constitutional Court in its dealings with both the 2020 Russian constitutional amendments and the government's lockdown measures. This article concludes that the Russian Constitutional Court which is supposed to serve as a key guarantor of fundamental rights of …

Mandela Washington Fellows To Visit Baier Hall On July 8, James Owsley Boyd

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

A group of 24 young leaders from 18 Sub-Saharan African countries is set to visit the Indiana University Maurer School of Law on July 8 as part of the Mandela Washington Fellowship for Young African Leaders.

Compelled Speech And Doctrinal Fluidity, David Han

Indiana Law Journal

Even within the messy and complicated confines of First Amendment jurisprudence, compelled speech doctrine stands out in its complexity and conceptual murkiness— a state of affairs that has only been exacerbated by the Supreme Court’s decisions in NIFLA v. Becerra and Janus v. American Federation of State, County, and Municipal Employees. This Essay observes that as the Court’s compelled speech jurisprudence has grown increasingly complex, it has also manifested a troubling degree of fluidity, where the doctrinal framework has grown so incoherent, imprecise, and unstable that it can be readily shaped by courts to plausibly justify a wide range of …

Summer 2022 Magazine

Ergo

No abstract provided.

The Pledge Of Allegiance And Compelled Speech Revisited: Requiring Parental Consent, Caroline Mala Corbin

Indiana Law Journal

Since the Supreme Court decided West Virginia State Board of Education v. Barnette in 1943, free speech law has been clear: public schools may not force students to recite the Pledge of Allegiance. Nevertheless, in two states—Texas and Florida— students may decline to participate only with parental permission. The Eleventh Circuit Court of Appeals upheld the law on the grounds that the parental requirement furthered parents’ substantive due process right to control the upbringing of their children.

The Eleventh Circuit decision is flawed both in its understanding of the First Amendment right to be free of compelled speech and the …

Compelled Speech And The Regulatory State, Alan K. Chen

Indiana Law Journal

Since the Supreme Court’s 1943 decision in West Virginia Board of Education v. Barnette, it has been axiomatic that the First Amendment prohibits the government not only from censoring speech, but also from compelling it. The central holding of Barnette itself is largely uncontroversial—it seems obvious that the First Amendment’s free speech clause means that no government may require people to espouse or reproduce an ideological statement against their will. But the Court has extended the compelled speech doctrine to stop the government from forcing people to make even truthful, factual statements. These claims have resulted in some of the …

Compelled Speech And Proportionality, Alexander Tsesis

Indiana Law Journal

This Article argues for a proportional First Amendment approach to compelled speech jurisprudence. It discusses the evolution of doctrine and how it led to recent opinions finding unconstitutional consumer protection, health disclosure, and collective bargaining statutes. In place of the currently formalistic approach, the Article argues for a transparent balancing of interests to avoid litigants’ opportunistic reliance on categorical First Amendment doctrines. Missing from the recent decisions that relied on the compelled speech doctrine is any systematic or contextual weighing of private and public concerns about disclosure regulations. The Roberts Court has been rather formalistic and categorical in its compelled …

Tort Law Implications Of Compelled Physician Speech, Nadia N. Sawicki

Indiana Law Journal

Abortion-specific informed consent laws in many states compel physicians to communicate state-mandated information that is arguably inaccurate, immaterial, and inconsistent with their professional obligations. These laws face ongoing First Amendment challenges as violations of the constitutional right against compelled speech. This Article argues that laws compelling physician speech also pose significant problems that should concern scholars of tort law.

State laws that impose tort liability on physicians who refuse to communicate a state-mandated message often do so by deviating from foundational principles of tort law. Not only do they change the substantive disclosure duties of physicians under informed consent law, …

Compelled Disclosure And The Workplace Rights It Enables, Catherine Fisk

Indiana Law Journal

Worker and consumer protection laws often rely on the regulated entity to notify workers or consumers of their legal rights because it is effective and efficient to provide information at the time and place where it is most likely to be useful. Until the Supreme Court ruled in NIFLA v. Becerra in 2018 that a California law regulating crisis pregnancy centers was an unconstitutional speaker-based, contentdiscriminatory regulation of speech, mandatory disclosure laws were constitutionally uncontroversial economic regulation. Yet, the day after striking down a disclosure law in NIFLA, the Court in Janus v. AFSCME Council 31 expanded the right of …

Platforms: The First Amendment Misfits, Jane R. Bambauer, James Rollins, Vincent Yesue

Indiana Law Journal

This Essay explains why previous First Amendment precedents that allowed government to require a private entity to host the speech of others have limited applicability to online platforms like Twitter and Facebook. Moreover, the backdrop of an open internet makes platforms sufficiently vulnerable to competition and responsive to “listener” preferences that the dominance of some firms like Facebook and Google is not really a chokepoint: aggressive changes to content curation will lead to user dissatisfaction and defection, whether those changes are made by the government or the companies themselves. As a result, there are no close analogies in First Amendment …

Nifla And The Construction Of Compelled Speech Doctrine, Robert Post

Indiana Law Journal

Virginia State Board of Education v. Barnette. There are good and convincing explanations for the Court’s decision in Barnette, but the Court’s recent expansion of the doctrine, culminating in National Institute of Family & Life Advocates (NIFLA) v. Becerra, holds that compelled speech is in most instances “content-based” regulation requiring heightened judicial scrutiny.

Using examples ranging from professional malpractice to compulsory tax returns, this Article argues that the doctrinal rule of NIFLA is demonstrably incorrect. It suggests that the doctrinal category of “compelled speech” may itself be confused insofar as it imagines that all legal obligations to communicate are equally …

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.

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.

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

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 Pathological Whiteness Of Prosecution, India Thusi

Articles by Maurer Faculty

Criminal law scholarship suffers from a Whiteness problem. While scholars appear to be increasingly concerned with the racial disparities within the criminal legal system, the scholarship’s focus tends to be on the marginalized communities and the various discriminatory outcomes they experience as a result of the system. Scholars frequently mention racial bias in the criminal legal system and mass incarceration, the lexical descendent of overcriminalization. However, the scholarship often fails to consider the roles Whiteness and White supremacy play as the underlying logics and norms driving much of the bias in the system.

This Article examines the ways that Whiteness …

Where Is The Author: The Copyright Protection For Ai-Generated Works, Chieh Huang

Maurer Theses and Dissertations

The two groups of the human-or-machine questions, whether AI-generated works are copyrightable and whether AI-generated works have human authors, are revisiting the current copyright law with the emergence of AI-generated works. These revisiting questions reveal that the current authorship requirement fails to provide a clear and operable standard on evaluating a human contributor’s intellectual labor for creative output. Such a defect of the current authorship requirement has to be fixed to respond to the technological change of artificial intelligence and the burgeoning prevalence of AI- or advanced computer program-generated works.

This dissertation’s main goal is to fix the flaw …

Conor Delehanty Is A Standup Guy, James Owsley Boyd

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

No abstract provided.

2022 Recognition Ceremony Program

Recognition Ceremony

No abstract provided.

Maurer Continues Streak Of Exceptional Faculty Hires, James Owsley Boyd

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

No abstract provided.

2022 Academy Of Law Alumni Fellows Induction Ceremony Program

Academy of Law Alumni Fellows

No abstract provided.

Dean Austen Parrish To Step Down From Maurer School Of Law, James Owsley Boyd

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

No abstract provided.

Examining Stock Trading Reforms For Congress Hearing Before The U.S. House Of Representatives Committee On House Administration, Donna M. Nagy

Public Testimony by Maurer Faculty

Professor Nagy testified (text attached, video below) in support of federal legislation that would prohibit members of Congress from owning the securities of individual publicly traded companies as well as certain other investments that would likely conflict with their official duties.

It was nearly 10 years ago to the day when President Barack Obama signed the Stop Trading on Congressional Knowledge (STOCK) Act, requiring enhanced financial disclosures and creating new securities transaction reporting rules for members of Congress, certain members of their family, and their staff. The Act also made absolutely clear that a member of Congress who trades securities …

Vol. 62, No. 11 (April 4, 2022)

Indiana Law Annotated

No abstract provided.