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Maurer School of Law: Indiana University

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Administrative Investigations, Aram A. Gavoor, Steven A. Platt Apr 2022

Administrative Investigations, Aram A. Gavoor, Steven A. Platt

Indiana Law Journal

This Article establishes the subject of federal administrative investigations as a new area of study in administrative law. While the literature has addressed investigations by specific agencies and congressional investigations, there is no general account for the trans-substantive constitutional value of administrative investigations. This Article provides such an account by exploring the positive law, agency behaviors, and constraints pertaining to this unresearched field. It concludes with some urgency that the Administrative Procedure Act of 1946—the statute that stands as a bill of rights for the Administrative State—does not serve to regulate administrative investigations and that Article III courts have held …


Aggregate Stare Decisis, Kiel Brennan-Marquez Apr 2022

Aggregate Stare Decisis, Kiel Brennan-Marquez

Indiana Law Journal

The fate of stare decisis hangs in the wind. Different factions of the Supreme Court are now engaged in open debate—echoing decades of scholarship—about the doctrine’s role in our constitutional system. Broadly speaking, two camps have emerged. The first embraces the orthodox view that stare decisis should reflect “neutral principles” that run orthogonal to a case’s merits; otherwise, it will be incapable of keeping the law stable over time. The second argues that insulating stare decisis from the underlying merits has always been a conceptual mistake. Instead, the doctrine should focus more explicitly on the merits—by diagnosing the magnitude of …


The Exchange Of Recognition And Enforcement Of Foreign Judgments Between Saudi Arabia And The United States, Ibrahim Saleh Aloraini Apr 2022

The Exchange Of Recognition And Enforcement Of Foreign Judgments Between Saudi Arabia And The United States, Ibrahim Saleh Aloraini

Maurer Theses and Dissertations

Saudi Arabians and Americans face challenges when they seek to enforce judgments in each other’s country courts because of the absence of international conventions on recognition and enforcement of foreign country money judgments. The lack of such conventions impacts the aggrieved party interest for businesspeople and individuals from both countries, and no research has been found that discusses an agreement between the two counties on foreign judgments. Therefore, this dissertation focuses on the challenges parties face when they desire to enforce a judgment either in Saudi Arabia or the U.S. The study examines the laws that govern foreign country money …


Hidden In Plain Sight: The Dangers Of Environmental Protections Waivers, Olivia Stevens Apr 2022

Hidden In Plain Sight: The Dangers Of Environmental Protections Waivers, Olivia Stevens

Indiana Law Journal

When enacting both statutory and regulatory environmental protections, Congress and various agencies have recognized that emergency situations could arise that would require flexibility in the application and enforcement of those protections. Incorporating waivers into such protections provides that flexibility. However, the current state of waivers leaves them vulnerable to abuse. In this Note, I explore how a lack of procedural and substantive safeguards allows the inappropriate use of waivers to further administrative agendas in a way that poses serious risks to both environmental and human health. I then suggest remedial measures available to Congress that would strengthen environmental protections while …


Overview Of Bicameral Legislatures’ Potential Impact On The Executive Selection Process, Kyle Kopchak Mar 2022

Overview Of Bicameral Legislatures’ Potential Impact On The Executive Selection Process, Kyle Kopchak

Indiana Journal of Constitutional Design

Bicameral legislature is a common constitutional design model, with bicameral legislatures making up roughly 41 percent of all legislatures worldwide. As of April 2014, 79 bicameral and 113 unicameral systems were recorded in the database of the Inter-Parliamentary Union. In general, “bicameralism is more common in federal, large, and presidential states, while unicameralism is more common in unitary, small, parliamentary ones”. Bicameral systems operate two legislative chambers, both of which play a role in drafting and passing national legislation. However, each house often fulfills a unique role in the legislative process and is usually elected by different methods. Proponents of …


Vol. 62, No. 10 (March 28, 2022) Mar 2022

Vol. 62, No. 10 (March 28, 2022)

Indiana Law Annotated

No abstract provided.


Taxonomy Of Ministerial Appointment Processes, Michelle Johnston Mar 2022

Taxonomy Of Ministerial Appointment Processes, Michelle Johnston

Indiana Journal of Constitutional Design

In parliamentary governments, executive power rests in an executive body of ministers commonly referred to as “the cabinet” or “the government.” Cabinet ministers, including the prime minister, are tasked with researching, drafting, and proposing laws and policies to their legislative counterparts in parliament. Because cabinets are generally comprised at least partially of select members of parliament, parliamentary systems are characterized by the interactions and interdependence of the legislative and executive branches. Whereas presidential systems lean into separation of powers to restrict governmental power, parliamentary systems rely on integration of the branches to ensure that political powers remain in check. Executive …


Enforcing Interstate Compacts In Federal Systems, Michael Osborn Mar 2022

Enforcing Interstate Compacts In Federal Systems, Michael Osborn

Indiana Journal of Constitutional Design

The central goal of a federal system is for local government units to retain degrees of independence, specifically over matters of importance to that local unit. A logical corollary to that independence is the ability for local units to negotiate and contract with other local units on matters of importance. Therefore, it is not surprising that almost every federal system allows, either implicitly or explicitly, member states to form binding compacts with other states, the union government, or municipalities.1 Some federal democracies even allow member states to compact with foreign governments. Furthermore, almost every federal constitution includes a provision outlining …


Vol. 62, No. 08 (March 7, 2022) Mar 2022

Vol. 62, No. 08 (March 7, 2022)

Indiana Law Annotated

No abstract provided.


Vol. 62, No. 07 (February 28, 2022) Feb 2022

Vol. 62, No. 07 (February 28, 2022)

Indiana Law Annotated

No abstract provided.


Maurer School Of Law To Host Court Of Appeals Argument, James Owsley Boyd Feb 2022

Maurer School Of Law To Host Court Of Appeals Argument, James Owsley Boyd

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

No abstract provided.


Law School To Induct Five Into Academy Of Law Alumni Fellows, James Owsley Boyd Feb 2022

Law School To Induct Five Into Academy Of Law Alumni Fellows, James Owsley Boyd

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

No abstract provided.


Vol. 62, No. 06 (February 21, 2022) Feb 2022

Vol. 62, No. 06 (February 21, 2022)

Indiana Law Annotated

No abstract provided.


Civil Society And Regional Human Rights Development In Asia: Lessons From The Asian Human Rights Court Simulation, Mark L. Shope, Wen-Chen Chang Feb 2022

Civil Society And Regional Human Rights Development In Asia: Lessons From The Asian Human Rights Court Simulation, Mark L. Shope, Wen-Chen Chang

Indiana Journal of Global Legal Studies

In 2019, the historic first hearing of the Asian Human Rights Court Simulation (AHRCS and its "Court') took place in Taipei, Taiwan. The Court heard the case of Chiou Ho-shun v. ROC (Taiwan). The judges of the AHRCS consisted of experts in international human rights law; and observers from the media, scholars, government officials, and national and international human rights defenders were in attendance. Along with the hearings, the event included workshops on international human rights topics and a civil society dialogue. This article discusses issues surrounding the development, ecosystem, and future of the Court. The article first discusses the …


Access To Medicine In Developing Countries: Elevating State Obligations Over Corporate Profit, Hakeem O. Yusuf, Kamil Omoteso Feb 2022

Access To Medicine In Developing Countries: Elevating State Obligations Over Corporate Profit, Hakeem O. Yusuf, Kamil Omoteso

Indiana Journal of Global Legal Studies

This paper investigates the divergence between the objectives of the state in ensuring citizens' right to health and the profit-maximization objective of pharmaceutical corporations in relation to, access to, and supply of medicine. This divergence is pertinent given both the rising cost of medicines and unmet needs, particularly in developing countries. This paper analyses the correlation between pharmaceutical corporations' profit drive and the state's welfare obligation. There is a need to bridge the gap between business and human rights, which can be achieved by combining the concepts of "business ethical responsibility" and corporations' contributions to "common good" with the jurisprudence …


State Leadership Vs. Lawyers' Entrepreneurship: The Globalization Trajectories Of Chinese Legal Professionals Under The Belt & Road Initiative, Jing Li Feb 2022

State Leadership Vs. Lawyers' Entrepreneurship: The Globalization Trajectories Of Chinese Legal Professionals Under The Belt & Road Initiative, Jing Li

Indiana Journal of Global Legal Studies

Based on the analysis of the online profiles of 205 BRI Talent Bank lawyers as accredited by China's national bar association, this article generates important empirical knowledge about the approaches and processes that a nation-state may use in directing the internationalization of legal professionals. In addition to designing the general roadmap and offering broad incentives, the state has demonstrated a much more handson approach. By collecting the so-called "state-adjacent" lawyers and commissioning them to take some concrete first steps stipulated in the roadmap, the Chinese state effectively envisions them as role models for other lawyers to follow to ensure that …


European Cross-Sectoral Collective Bargaining As Post Crisis Policy, Pascal Mcdougall Feb 2022

European Cross-Sectoral Collective Bargaining As Post Crisis Policy, Pascal Mcdougall

Indiana Journal of Global Legal Studies

This article proposes a policy project, centered around coordinated collective bargaining at the European Union level, to redistribute income towards low-wage workers in post-crisis Europe. It suggests we allow labor unions in sectors employing low-wage workers to present common wage demands across sectors and EU Member States. It shows that this would make union wage increases less harmful to workers and consumers than under uncoordinated sectoral bargaining, while coming more directly at the expense of managers and investors. The article then describes existing EU legal institutions that although they do not quite amount to the policy proposed here constitute useful …


Constitution Drafting After The Arab Spring: A Comparative Overview, Francesco Biagi Feb 2022

Constitution Drafting After The Arab Spring: A Comparative Overview, Francesco Biagi

Indiana Journal of Global Legal Studies

Scholars have written extensively on the content of post-Arab Spring constitutions, highlighting these constitutions' strengths and weaknesses. Less attention has been devoted to the processes that led to the adoption of these new documents. By providing a comprehensive comparative analysis of these constitution-drafting processes, this Article aims at contributing to filling this gap in the literature. Special focus is placed on the constitution-making processes followed in Morocco (constitution of 2011), Syria (constitution of 2012), Tunisia (constitution of 2014), and Egypt (constitutions of 2012 and 2014 the latter being amended in 2019), as well as on the constitutional reform processes that …


The Ends And The Means: Indigenous Sovereignty, Climate-Related Legal Actions, And Frameworks Of Justice, Connor Marcum Feb 2022

The Ends And The Means: Indigenous Sovereignty, Climate-Related Legal Actions, And Frameworks Of Justice, Connor Marcum

Indiana Journal of Global Legal Studies

Philosophy professor Timothy Morton uses climate change as his foremost example of what he calls a hyperobject: an object that occupies both more physical space and more time than humans can usefully comprehend. For example, one can understand local meteorological occurrences in isolation without necessarily understanding that a given storm was more severe than it should have been because an overall increase in global temperatures makes for a more aggressive, active hydrological cycle. Environmental organizations focused on raising awareness understand this. Public campaigns to wed the nebulous idea of climate change to specific, concrete images are incredibly memorable: think of …


Ending Demand For Modern-Day Slavery: An Analysis Of Human Trafficking In The Global Marketplace, Rachel Leach Feb 2022

Ending Demand For Modern-Day Slavery: An Analysis Of Human Trafficking In The Global Marketplace, Rachel Leach

Indiana Journal of Global Legal Studies

The purpose of this paper is to inform readers of the prevalence of and increasing demand for human trafficking, both domestically and globally, and to propose necessary next steps governments must take in order to end the demand for such human exploitation. This paper will closely analyze the issue of trafficking humans for sex and labor within the Western Hemisphere and throughout Asia by using the United States and China as primary case studies. These case studies analyze the specific actions or inactions taken by the United States and Chinese governments to combat modern day slavery, as well as the …


Vol. 62, No. 05 (February 14, 2022) Feb 2022

Vol. 62, No. 05 (February 14, 2022)

Indiana Law Annotated

No abstract provided.


Last In Line: Vaccine Scarcity And The Americans With Disabilities Act, Jessica Gunder Feb 2022

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

Indiana Journal of Law and Social Equality

No abstract provided.


Revealing Violence: Assessing The Effects Of Viral Images On State Punitive Aesthetics, Justin Hyland Feb 2022

Revealing Violence: Assessing The Effects Of Viral Images On State Punitive Aesthetics, Justin Hyland

Indiana Journal of Law and Social Equality

No abstract provided.


Milliken’S Legacy In The ‘Elearning Era’—Redefining Remedies To Address Amplified Academic Achievement Gaps In America’S K-12 Public Schools, Rebecca R. Rosenthal Feb 2022

Milliken’S Legacy In The ‘Elearning Era’—Redefining Remedies To Address Amplified Academic Achievement Gaps In America’S K-12 Public Schools, Rebecca R. Rosenthal

Indiana Journal of Law and Social Equality

No abstract provided.


Robocourt: How Artificial Intelligence Can Help Pro Se Litigants And Create A “Fairer” Judiciary, Justin Snyder Feb 2022

Robocourt: How Artificial Intelligence Can Help Pro Se Litigants And Create A “Fairer” Judiciary, Justin Snyder

Indiana Journal of Law and Social Equality

No abstract provided.


The Warren Court And Living Constitutionalism, Alex Tobin Feb 2022

The Warren Court And Living Constitutionalism, Alex Tobin

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 Feb 2022

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.


Hoosier Public Health: Reinvigorating Indiana Lead Law Using A Lens For Health Equity, Cassidy Segura Clouse Feb 2022

Hoosier Public Health: Reinvigorating Indiana Lead Law Using A Lens For Health Equity, Cassidy Segura Clouse

Indiana Journal of Law and Social Equality

No abstract provided.


Lubin Earns Prestigious Baxter Prize, James Owsley Boyd Jan 2022

Lubin Earns Prestigious Baxter Prize, James Owsley Boyd

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

No abstract provided.


Vol. 62, No. 03 (January 31, 2022) Jan 2022

Vol. 62, No. 03 (January 31, 2022)

Indiana Law Annotated

No abstract provided.