Law Commons^™

Indiana Law Supporting Newly Established Indiana Innocence Project, James Owsley Boyd

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

Law students from the Indiana University Maurer School of Law will have the opportunity to help exonerate wrongfully convicted Hoosiers through the newly established Indiana Innocence Project, which officially launched Saturday (Aug. 17).

Established in association with the national Innocence Project—which has helped free more than 240 wrongfully convicted prisoners since 1992—the Indiana Innocence Project (INIP) has been made possible through the support of the Herbert Simon Family Foundation, along with the Law School and IU’s Department of Criminal Justice.

The Indiana Innocence Project will screen and investigate cases with meritorious innocence claims, secure DNA testing when biological evidence …

Interview Of Professor John Brittain, Donny R. Williams

University of the District of Columbia Law Review

No abstract provided.

University Of The District Of Columbia Law Review, University Of The District Of Columbia Law Review

University of the District of Columbia Law Review

No abstract provided.

Black Lives Still Matter: The Unconstitutionality Of The Reasonableness Standard In The Doctrine Of Qualified Immunity, Angela D. Minor, Esq.

University of the District of Columbia Law Review

No abstract provided.

Statehood: The Bridge To Transforming The District Of Columbia's Criminal Justice System, Shelley Broderick

University of the District of Columbia Law Review

No abstract provided.

...But Words Can Also Hurt You: How Hate Speech Contributed To Harmful Immigration Policy, Nicole Dillard, Esperanza Sanchez

University of the District of Columbia Law Review

No abstract provided.

Mental Health Response To 911 Calls: Defunding The Police, Now With All Of The Danger And None Of The Protection, Marcia M. Ziegler

University of the District of Columbia Law Review

No abstract provided.

Dobbs Was Wrong: The Liberty To Choose To Give Birth Should Be Federally Protected, Alysa J. Wiggins

University of the District of Columbia Law Review

No abstract provided.

How Should We Measure Effectiveness Of Medical-Legal Partnerships?, Prashasti Bhatnagar, Deborah F. Perry, Margaret E. Greer

HJA Scholarship

Medical-legal partnerships (MLPs) try to mitigate health inequity by uniting legal and health professionals to respond to legal determinants of patients’ health. While there is a long tradition of “patients-to-policy” work in MLPs, the current empirical evidence base has evaluated MLP effectiveness by assessing benefits to individual patients, clinicians, and hospital and legal systems. This article calls for future research to measure how community power, which includes shifting power to impacted communities to develop and lead equity-focused agendas, is built as both a process and an outcome of MLPs.

Is Grammar Religious Exercise? Addressing Transgender Students And The Limits Of The Complicity Doctrine, Saul R. Thorkelson

Cardozo Law Review

May teachers reject transgender students’ names and pronouns on religious grounds? Across the United States, many schools and universities have adopted policies calling on staff to use all students’ designated first names and gender-congruent pronouns. A number of conservative Christian teachers have claimed that they cannot address transgender students in this way without violating their religious beliefs. In several cases, after unsuccessful attempts by administrators to accommodate these objections, teachers who were subject to employment consequences have brought lawsuits alleging violation of their religious liberty and free speech rights.

This Note employs two recent cases to examine courts’ reasoning on …

Can Human Rights Be Reconciled With Citizenship: Reconsidering Marx's Zur Judenfrage Today, David Ingram

Philosophy: Faculty Publications and Other Works

This essay critically re-examines Marx’s youthful analysis of the separation of church and state and his complex views about the function of rights in the modern state. I argue that Marx’s condemnation of Christian nationalism and endorsement of citizenship for Jews is consistent with his view that the modern, secular state cannot emancipate itself entirely from religiosity, as evidenced by the continuing legacy of nationalism and cultural identity politics today. Although Marx correctly follows Hegel in identifying modernity with a structural differentiation between civil society and state, I argue that he misunderstands the nature of this separation and, along with …

Law School News: Mandell-Boisclair Justice Camp Prepares Young Scholars To Become Future Lawyers, Social Justice Advocates 7-26-2024, Jordan J. Phelan, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Changemakers: Juris Doctorate: Peter Sabian L'17: Practice With A Purpose 7-15-24, Jane Lee, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Dobbs And Sterilization Decision-Making: Understanding The Coercive Spillover Effects In Reproductive Choice, Thomas Williams

Scholarly Articles in Law Reviews & Journals

The Supreme Court majority in Dobbs v. Jackson Women’s Health Organization argued their decision would have limited impact beyond abortion rights. This Article examines how Dobbs and subsequent state abortion restrictions are likely to increase women’s reliance on permanent sterilization procedures, particularly among already marginalized populations. Drawing on emerging data and historical context, I argue that some post-Dobbs sterilizations should be understood as effectively coerced by state policies, implicating reproductive justice concerns and potentially undermining fundamental rights established in Skinner v. Oklahoma. Then, I demonstrate how interdisciplinary bioethics frameworks and methodologies can help courts better understand the full implications of …

Protecting Minority Representation In An Era Of Political Polarization And The Hollowing Out Of Voting Rights Protections, Henry L. Chambers Jr.

Washington and Lee Law Review

The United States Supreme Court has hollowed out various voting rights protections, leaving all voters—minority and nonminority—less protected in a politically polarized America. Surprisingly, the Court has continued to protect representation for minority race voters who live in racially polarized areas. However, minority race voters risk losing that protection, typically provided through majority-minority districts authorized under the Voting Rights Act, if they build cross-racial coalitions with their neighbors. Under the Court’s interpretation of the VRA, cross-racial voting coalitions may be less protected than local majorities comprised of a single race of voters. The loss of such protection could leave their …

Do Public Accommodations Laws Compel “What Shall Be Orthodox”?: The Role Of Barnette In 303 Creative Llc V. Eleni, Linda C. Mcclain

Faculty Scholarship

This article addresses the U.S. Supreme Court's embrace, in 303 Creative LLC v. Elenis, of a First Amendment objection to state public accommodations laws that the Court avoided in Masterpiece Cakeshop v. Colorado Civil Rights Commission: such laws compel governmental orthodoxy. These objections invoke West Virginia Board of Education v. Barnette 's celebrated language: "If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion or other matters of opinion or force citizens to confess by word or act their faith …

Understanding 303 Creative Llc In A Polycentric Constitutional World, Meg Penrose

Faculty Scholarship

The evolution of rights following Obergefell is not over. Creative 303 LLC marked a new phase in the ongoing legal challenges over the rights and ceremonies attending same-sex marriage. This Essay addresses the anticipated limits of 303 Creative LLC.

The Essay proceeds in three parts. First, how does 303 Creative LLC impact government employees? What rights, if any, should government employees be able to raise in light of 303 Creative LLC? Second, what does 303 Creative LLC mean for private marketplace vendors engaging in expressive commerce? Vendors, particularly wedding vendors, often create unique items for weddings. Will the law focus …

Pelindungan Data Pribadi Pada Layanan Pendanaan Berbasis Teknologi Informasi Pasca Undang-Undang Nomor 27 Tahun 2022 Dan Undang-Undang Nomor 4 Tahun 2023, Gita Theresa, Henny Marlyna

Jurnal Hukum & Pembangunan

Abstract

Information Technology-Based Crowdfunding Services (LPBBTI) continue to encounter challenges related to legal protections, such as breaches of privacy and the misuse of personal data belonging to consumers and the public. This paper analyzes the implementation of personal data protection through LPBBTI operational compliance, the drafting of privacy policies and LPBBTI agreements, as well as the role of authorities in overseeing LPBBTI operators in implementing personal data protection following the enactment of Law No. 27 of 2022 (UU PDP) and Law No. 4 of 2023 (UU P2SK). This study aims to provide information and input on the implementation of consumer …

The Role Of The International Society In Implementing Principle Of Rohingya Crisisthe Responsibility To Protect – With Special Reference To Myanmar –, Hiba Mdawar

Al Jinan الجنان

Regarding the importance of the human rights and the need to ensure a worldwide respect and fulfilment, the international community has always attempted to find adequate measures to guarantee this protection as part of the United Nations’ member States commitment to the UN Charter. The international community has developed a new mechanism to hopefully replace the principle of intervention, that is the “Responsibility to Protect”. This new mechanism is still yet under controversies and doubts, but nevertheless it is a tool to put an end to human rights violations namely when it comes to the right of life. To ignore …

Jammed Locker: How The Eleventh Circuit's Decision In Adams V. School Board Of St. Johns County May Jam Up Transgender Students’ Rights, Erin Wilson

Villanova Law Review (1956 - )

No abstract provided.

Annual Rev. Dr. Martin Luther King, Jr. Celebration Lecture 1-26-24, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

American Evangelicalism And The Status Of Women: Biblical Interpretation, Politicization, And A Future For Secularism, Ivy Macneil Blackwood

University Honors Theses

American evangelicalism has positioned itself as a dominant force in social policy since the 1970s and has continued to grow over time. During Carter's presidency, the Religious Right, a neoconservative political identity of fundamentalist beliefs, emerged with the intention to homogenize American culture by infusing literal interpretations of biblical Scripture with American exceptionalism. With the help of charismatic leaders like Billy Graham, the political manifestations of American evangelicalism's fundamentalist beliefs have been solidified through conservative legislation and Christian demographic dominance in Congress and the Supreme Court. Women have been particularly burdened by evangelical institutionalization, as access to socioeconomic and political …

State-Sanctioned Slavery: The Political Economy Of Prison Labor, Avneet Sidhu

University Honors Theses

This thesis explores the interconnected relationship between the political institution of government and economic development with a particular focus on the United States Constitution’s role in explicitly legalizing coerced carceral labor and the direct impact this has on various economic aspects. The Thirteenth Amendment of the Constitution has long been hailed as a guiding light of freedom and justice, and yet, still to this day, it contains a paradoxical loophole that explicitly permits involuntary servitude as punishment for crime. This exemption has long been exploited in order to perpetuate a system of state-sanctioned slavery, in which incarcerated laborers are exploited …

Losing My Religion: How Ministerial Exception Expansion May Negatively Impact Interpretation Of C.R.O.W.N. Act Laws, Ashley Corbin Rice

Cleveland State Law Review

Across the country, black students are policed in schools for their natural hair and protective hairstyles. As a result of this, students who do not conform to their school’s grooming policy or dress code may suffer stiff consequences including being suspended or expelled. The most notable federal piece of legislation in response to this issue was introduced in December 2019. The CROWN Act prohibits race-based hair discrimination on the federal level. The bill passed the House but the Senate blocked it in December 2021.

Despite this recent development, states and municipalities are enacting the CROWN Act across the country. Over …

Disparately Disabled: Advocating For All Federal Courts Of Appeals To Make Disparate Impact Claims Cognizable Under Federal Disability Rights Law, Dustine Bowker

Washington Law Review

People with disabilities have the same rights and deserve to enjoy the same privileges as everyone else. However, people with disabilities face societal inequities that hinder their full participation in society. As a result of persistent advocacy and civil protest, federal laws have been enacted to prohibit discrimination based on a person’s disability. Yet, policies that discriminate against people with disabilities have continued. One cause of this troubling situation is that federal circuit courts still disagree on whether federal disability rights laws, including Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA), allow plaintiffs …

Radical Visions For The Law Of Peace: How W.E.B. Du Bois And The Black Antiwar Movement Reimagined Civil Rights And The Laws Of War And Peace, Andrew J. Lanham

Washington Law Review

This Article reconstructs the history of Black antiwar activism in the twentieth-century United States and argues that Black antiwar activists played a significant but largely forgotten role in the development of both modern civil rights law and the international law of war and peace. The Article focuses on the career of W.E.B. Du Bois, tracing how he built coalitions between civil rights and antiwar organizations to pursue a series of shared legal campaigns. Du Bois’s antiwar work was also representative of a larger tradition, and his career illuminates how a range of Black activists and civil rights lawyers like Pauli …

D-Hacking, Emily Black, Talia B. Gillis, Zara Hall

Faculty Scholarship

Recent regulatory efforts, including Executive Order 14110 and the AI Bill of Rights, have focused on mitigating discrimination in AI systems through novel and traditional application of anti-discrimination laws. While these initiatives rightly emphasize fairness testing and mitigation, we argue that they pay insufficient attention to robust bias measurement and mitigation — and that without doing so, the frameworks cannot effectively achieve the goal of reducing discrimination in deployed AI models. This oversight is particularly concerning given the instability and brittleness of current algorithmic bias mitigation and fairness optimization methods, as highlighted by growing evidence in the algorithmic fairness literature. …

Critical Race Theory Bans And The Changing Canon: Cultural Appropriation In Narrative, Susan Ayres

Faculty Scholarship

Thirty-five states have enacted critical race theory bans at the level of elementary and secondary public education, and seven states have extended these to the university level. One way to resist these attempts to repress a healthy democracy by whitewashing history is through a pedagogy of antiracism, including literary works. The question of what that would look like involves questions of cultural appropriation, which occurs when one takes from another culture, such as a writer creating a narrative about a character outside of the writer’s cultural identity. This Article considers the story of Ota Benga, brought from the Congo to …

Justice Is Not A Game: The Devastating Racial Inequity Of Washington’S Three Strikes Law, Civil Rights Clinic At Seattle University School Of Law, Fred T. Korematsu Center For Law And Equality, Melissa Lee, Jessica Levin

Fred T. Korematsu Center for Law and Equality

Justice Is Not a Game: The Devastating Racial Inequity of Washington’s Three Strikes Law

Bound To Misfortune: Protecting Juvenile Abortion Through The Right To Travel, John H.C. Hughes

Cardozo Law Review

On July 1, 2022, the Indianapolis Star reported that a ten-year-old Ohio girl, who had been raped and was six weeks pregnant, had sought an abortion in Indiana. Abortion had been outlawed in Ohio mere hours after the Supreme Court overturned Roe v. Wade, but it remained legal ˙in neighboring Indiana. The Ohio girl was able to cross the state border, get the abortion, and—presumably—return home safely. But if lawmakers like those in Missouri, South Carolina, Texas, and a handful of other states have their way, pregnant© children in abortion-restrictive states will be unable to avail themselves of neighboring …