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Foreword, Mark D. Janis, Jennifer D. Oliva, Alivia D. Benedict

Indiana Law Journal

In this issue we are delighted to present papers from the symposium “Law and Technology at the Crossroads: A Centennial Summit,” held in Bloomington in November 2024. The symposium originated from the collaborative efforts of the Indiana University Maurer School of Law’s law and technology faculty and the Indiana Law Journal’s editorial board, notably 2023–2024 Editor-in-Chief John Vastag and 2024–2025 Executive Articles & Symposium Editor Paige Wynkoop. The Maurer School of Law’s Center for Intellectual Property Research provided funding, as did Indiana University through its Research Conference Grant Program. Indiana University’s Ostrom Workshop and the Luddy School of Informatics, Computing, …

Multiplicity As An Ai Governance Principle, Michal Shur-Ofry

Indiana Law Journal

As AI becomes increasingly embedded in our daily lives, this Article explores one of its critical, yet overlooked, societal implications: the propensity of large language models (LLMs) to generate mainstream, standardized content, potentially narrowing their users’ worldviews.

Taking a close look at the technological underpinnings of LLMs, the analysis suggests that—due to the combination of human judgments, training datasets, and inherent features of the underlying technological paradigm—LLMs’ outputs are likely to be geared toward the popular and to project to their users concentrated, mainstream worldviews, sidelining a broader spectrum of perspectives. This Article explores the asymmetrical power relations between LLMs …

Unpacking Open Source Bio, Jorge L. Contreras

Indiana Law Journal

For at least a quarter of a century, life science researchers around the world have undertaken initiatives loosely based on principles, goals, and institutional structures derived from the open source software (OSS) movement—approaches that I term “open source bio.” Yet open source bio lacks a clear definition and set of guiding principles. Given public calls for greater openness in life science research, it is useful to understand how open source bio projects have fared over the past quarter century: how they were structured, what they hoped to achieve, and, as social and policy experiments, whether or not they were successful. …

Discord And The Pentagon's Watchdog: Countering Extremism In The U.S. Military, Amy Gaudion

Indiana Law Journal

In his 2022 book, Ward Farnsworth crafts a metaphor from the lead-pipe theory for the fall of Rome to consider how rage and misinformation traveling through today’s technology-enabled pipes are poisoning our civic engagement and threatening our governmental structures: “We have built networks for the delivery of information––the internet, and especially social media. These networks too, are a marvel. But they also carry a kind of poison with them. The mind fed from those sources learns to subsist happily on quick reactions, easy certainties, one-liners, and rage.”1 This Article carries the metaphor into a new context and considers what should …

On Software Bugs And Legal Bugs: Product Liability In The Age Of Code, Asaf Lubin

Indiana Law Journal

Despite software’s ubiquity in modern life, its classification within product liability law remains unsettled. Is software a product, a service, a good, a component, a medium, a force, or something else altogether? Under the Restatement (Third) of Torts, a product is defined as a “tangible personal property distributed commercially for use or consumption.” But has this definition been embraced by states? And how has it been applied in the courts, since its adoption some twenty-six years ago?

Through a fifty-state survey and the canvassing of all relevant case law, this Essay reveals widespread doctrinal inconsistencies within the common law. Some …

Birthright Citizenship: Its History And Continued Relevance In Modern America, Shahin Mirzaei

Immigration Law Blog

In light of recent efforts by the Trump administration to challenge birthright citizenship, this article addresses the history of the principle of jus soli in the United States and the reasoning behind its incorporation in the U.S. Constitution. The article also explores existing debates surrounding this principle, including those stemming from historical distortions and misconceptions about U.S.-born children of noncitizen parents, and ultimately highlights the importance of its preservation.

2024 – 2025 Cal Poly Wind Power Ac-Dc Rectification Subsystem For Collegiate Wind Competition 2025, Ryan Rayos, Annabella Piercey, Alex Liu

Electrical Engineering

This project focuses on the design and development of a bidirectional AC-DC rectification subsystem for a wind energy conversion system (WECS), tailored for the 2025 Collegiate Wind Competition. The subsystem is defined by its core inputs and outputs where it receives AC power from the wind turbine generator and delivers stable DC power to auxiliary electronics and variable loads. Conversely, the system can also accept DC power, such as from wall power, and output AC power to drive the permanent magnet synchronous machine (PMSM) as a motor, overcoming cogging torque and initiating turbine blade rotation. This bidirectional functionality is enabled …

The Seduction Of Journalism In Atlanta: William Randolph Hearst And The Atlanta Georgian, Andrew J. Bramlett

The Kennesaw Journal of Undergraduate Research

The Atlanta Georgian was founded in 1906, quickly becoming a rival of the already established Atlanta Constitution and Atlanta Journal. Its founding editor, John Temple Graves, was a devoted believer of the New South Movement and a prominent ally of newspaper mogul William Randolph Hearst. In 1912, Hearst purchased the Georgian, expanding his influence into the South. The Georgian was a small piece of his grander plan to become President of the United States, and he quickly turned it into Atlanta’s most discussed newspaper. However, since the first edition of the Georgian was published in 1906, Hearst’s presence …

Solving Global Problems Requires Global Cohesion, Harvey Whitehouse, John, Lord Alderdice, Carlos Alvarado Quesada, Peter Gluckman, Hakima El Haité, Lukas Reinhardt

New England Journal of Public Policy

A growing body of evidence from evolutionary anthropology and social psychology suggests that group cohesion can be scaled up beyond the level of nations and even regional blocs and transnational religions to encompass humanity at large. This article brings together insights from globally renowned political leaders, activists, and academics by arguing that this scaling up is not only possible but necessary to address the most pressing collective action problems facing our planet today. Drawing on evidence from experiments, longitudinal studies, and multi-country surveys, along with extensive practical experience—from serving as a head of state to playing leading roles in climate …

Employment And Insurance Law—Pro-Life Tail Coverage: Why Arkansas’ Private Paid Family Leave Insurance Fails To Deliver, Annesly Young Pruitt

University of Arkansas at Little Rock Law Review

No abstract provided.

All-American Crime: Reflections On Welcome The Wretched By César Cuauhtémoc García Hernández, Kit Johnson

University of Arkansas at Little Rock Law Review

In his 2024 book, Welcome the Wretched, Professor César Cuauhtémoc García Hernández questions why it is that non-citizens who have committed crimes are slated for removal from this country. After all, he notes, “Migrants don’t bring crime here. It’s already here. It always has been and always will be.”

We may not readily admit it, but crime in the United States is truly All-American. Section I of this Essay tries to shed light on the widespread nature of criminality in the United States by recounting my own crimes and those of family and friends, with the goal of pushing the …

Inadequate Pay: Gutting Teacher’S Compensation In The Learns Act, Tye G. Boudra-Bland

University of Arkansas at Little Rock Law Review

No abstract provided.

Criminalization Of Immigration Through State Enforcement: Lessons From Texas’S Latest Efforts To Criminalize Immigration Through Senate Bill 4, A. Regenold Bright

University of Arkansas at Little Rock Law Review

No abstract provided.

Immigration Interference: How Immigration Law Creates A Shadow Criminal Legal System, Matthew Vogel

University of Arkansas at Little Rock Law Review

No abstract provided.

The Wretched All Around, César Cuauhtémoc García Hernández

University of Arkansas at Little Rock Law Review

No abstract provided.

Criminal Procedure—Judicial Abuse Of Discretion And The Need For Legislative Intervention, Jeanette Morris

University of Arkansas at Little Rock Law Review

No abstract provided.

Barnette’S Robert H. Jackson: The Constitution Protects Individual Conscience When The Cost To Society Is Not Too High, John Q. Barrett

Missouri Law Review

This essay, part of a symposium on Linda McClain’s and James Fleming’s book “WHAT SHALL BE ORTHODOX” IN POLARIZED TIMES, is about Justice Robert H. Jackson’s opinion for the Supreme Court in West Virginia State Board of Education v. Barnette. Justice Jackson explained in Barnette how the U.S. Constitution protects schoolchildren conscientious objectors from being compelled by government to salute and to pledge allegiance to the U.S. flag. But Barnette was not, as the Supreme Court recently seems to read it, an absolutist decision constitutionalizing individual conscience claims to be exempt from societal, general, significant interests in compelling speech. Barnette …

Between The Sword And A Hard Place: Systemic Solutions To The Shortcomings Of The Missouri Public Defender System, Andrew A. Bohon

Missouri Law Review

“Striving to better, oft we mar what’s well.” The attempt to solve a problem can sometimes topple a functional system entirely. The striving to improve a thing can frustrate its purpose. Limping along under the guise of functionality, however, many sociopolitical processes hinder our progress. Something works, so we cling to it in fear of making it worse. The idea has been aphorized that perfect is the enemy of good. Although a quaint and conservative philosophy, there is a countertheory: “Good is the enemy of great.”

Protesting, Cash Bail, And (Un)Equal Protection: Using Empirical Data To Prove Equal Protection Violations, Alireza Nourani-Dargiri

Denver Law Review

Despite considerable data demonstrating disparate government treatment of racially minoritized groups, recent race-based equal protection cases have met only measured success because courts often find statistical evidence of racial bias to be too attenuated. Without an explicitly racist statement, policy, or law made by government officials, many courts will not intervene in systems that have long, consistent histories of racially discriminatory impacts. But this contradicts the purpose of the Equal Protection Clause: to prevent people of color—particularly Black people—from being discriminated against and kept in a functional caste system. Courts and scholars have consistently identified this purpose, and throughout equal …

Islands Of Inequality: The Fourteenth Amendment's Reach After Vaello Madero, Sigrid Vendrell-Polanco

Denver Law Review

The Supreme Court’s 2022 decision in United States v. Vaello Madero has reignited discussions about the application of the Fourteenth Amendment’s Equal Protection Clause to residents of U.S. territories. This Article examines how the ruling, which upheld the exclusion of Puerto Rico residents from the Supplemental Security Income (SSI) program, reflects and reshapes the constitutional relationship between the federal government and territorial inhabitants. Although the Court said it was not “irrational” for Congress to exclude Puerto Rico (applying only “rational basis” review), that very ruling underscored a longstanding tension: U.S. citizens in the territories do not receive the same constitutional …

Abuse Of Power In The Workplace: The New Gender Discrimination Claims, June Carbone, Nancy Levit, Naomi Cahn

University of the Pacific Law Review

No abstract provided.

Leadership And Antiracism In Legal Education, Danielle M. Conway

University of the Pacific Law Review

No abstract provided.

Centennial Talk: From Morality To #Metoo: Constructions Of Unlawful Sex In America, Aya Gruber

University of the Pacific Law Review

No abstract provided.

Introduction: Forever Criminalized?: How Collateral Consequences Advance Disparities In Criminal Justice, Jenny Roberts

Hofstra Law Review

No abstract provided.

A Tale Of Two Cities: Collateral Consequences Of Misdemeanor Non-Convictions, Elizabeth Nevins-Saunders

Hofstra Law Review

No abstract provided.

Putting A Band-Aid On A Bullet Hole: The Deaf Individual's Subdued Constitutional Right Against Self-Incrimination, Alexandra Kotowski

Hofstra Law Review

No abstract provided.

Table Of Contents

Washington Law Review

No abstract provided.

A Right To Repress: Ipec V Inslee And The Parental Right To Determine The Gender Of A Child, August Brown

Washington Law Review

Do parents have a constitutional right to determine their child’s gender? No court has held that they do, but that assumption was the basis of a challenge brought in August 2023 to Senate Bill 5599 (ESSB 5599)—an amendment to the Washington State Family Reconciliation Act, which protects runaway youth seeking gender-affirming treatment and reproductive health care services from immediate parental notification. Plaintiffs International Partners for Ethical Care (IPEC) and others challenged the bill before the U.S. District Court for the Western District of Washington. Their claims turn on parental rights, as well as several associated federal and state constitutional claims. …

Unlocking Platform Data For Research, Niva Elkin-Koren, Maayan Perel, Ohad Somech

Indiana Law Journal

Digital platforms, which control unique access points to the rich data stored on their servers, have become a “living lab” of real-time information. Scientists and researchers increasingly use platform data for various purposes, such as training machine learning (ML) systems and Natural Language Processing (NLP) models, and for studying diverse fields such as medicine, humanities, and social sciences, including the influence of digital platforms on society. However, researchers increasingly encounter significant barriers when attempting to access platform data. Although platforms typically lack proprietary rights over the data itself, they exert strong control over its use by imposing digital locks and …

Moving Slow And Fixing Things, Scott Shackelford, Janine Hiller, Christos Makridis, Iain Nash, Kathryn Kisska-Schulze, Hannibal Travis

Indiana Law Journal

Silicon Valley, and the U.S. tech sector more broadly, have changed the world in part by embracing a “move fast and break things” mentality popularized by Mark Zuckerberg. While it is true that the tech sector has attempted to break with such a reactive and flippant response to security concerns, including at Microsoft itself through its Security Development Lifecycle, cyberattacks continue at an alarming rate. As a result, there are growing calls from regulators around the world to change the risk equation. An example is the 2023 U.S. National Cybersecurity Strategy, which argues that “[w]e must hold the stewards of …