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Articles 31 - 60 of 92
Full-Text Articles in Law
“Illegal” Migration Is Speech, Daniel I. Morales
“Illegal” Migration Is Speech, Daniel I. Morales
Indiana Law Journal
Noncitizens must comply with immigration laws just because citizens say so. The citizenry takes for granted its monopoly on immigration control, but the legitimacy of this arrangement has been called into question by cutting-edge political theorists. One prominent theorist argues, for example, that basic democratic principles require that noncitizens living outside the United States have a say in the formation of immigration law since they must obey it. This Article provides a legal response to these political theory developments, assimilating them, along with the facts on the ground, into an account of “illegal” migration as First Amendment speech.
If noncitizens’ …
Too Heavy A Burden: Testing Complicity-Based Claims Under The Religious Freedom Restoration Act, Kaleb Brooks
Too Heavy A Burden: Testing Complicity-Based Claims Under The Religious Freedom Restoration Act, Kaleb Brooks
Indiana Law Journal
This Note argues that courts ought to recognize, in the context of complicity-based claims under the Religious Freedom Restoration Act, a sound distinction between burdens on religious conduct, which enjoy protection, and burdens on mere religious sentiment. In light of the structure of complicity-based claims, such a distinction between conduct and sentiment is the only sound approach that respects the Act’s requirements. The Note reaches this conclusion through a survey of the various complicity-based challenges to the Health and Human Services contraceptive care mandate for religious non-profit employers under the federal Religious Freedom Restoration Act in the period between Burwell …
Silencing Grand Jury Witnesses, R. Michael Cassidy
Silencing Grand Jury Witnesses, R. Michael Cassidy
Indiana Law Journal
This Article addresses one crucial aspect of the ongoing debate about grand jury transparency. Assuming that well over half the states and the federal government continue to employ the grand jury to investigate felony offenses, and assuming that these proceedings continue to be shielded from public view, should witnesses themselves be allowed to discuss their testimony with the press or with each other? This larger question raises two narrow but very important subsidiary issues. First, does a prosecutor who conditions a written proffer or cooperation agreement with a grand jury witness on the witness’s promise not to inform other targets, …
The Social Value Of Academic Freedom Defended, J. Peter Byrne
The Social Value Of Academic Freedom Defended, J. Peter Byrne
Indiana Law Journal
In his recent book, Versions of Academic Freedom: From Professionalism to Revolution, Stanley Fish renewed his arguments for an “it’s just a job” account of academic freedom, begun in his 2008 book, Save the World on Your Own Time. He claims that academic freedom consists of nothing more than the conditions necessary to follow the established criteria for scholarship and teaching within each discipline. He complains chiefly against the invocation of academic freedom to protect or glorify political advocacy by academics. There is a lot in Fish’s account to admire and agree with. The appropriate sphere of academic freedom needs …
Academic Duty And Academic Freedom, Amy Gadja
Academic Duty And Academic Freedom, Amy Gadja
Indiana Law Journal
On December 31, 1915, the newly formed American Association of University Professors (AAUP) and its Committee on Academic Freedom and Academic Tenure accepted a set of guidelines designed to shape the organization and its work to protect academics against the termination power of their employer-universities. The “General Declaration of Principles,” drafted by approximately a dozen educators who were called from universities across the country, begins with a decided focus on the rights of individuals within the academy: “The term ‘academic freedom’ has traditionally had two applications,” the language reads at the start, “to the freedom of the teacher and to …
The Government’S Lies And The Constitution, Helen L. Norton
The Government’S Lies And The Constitution, Helen L. Norton
Indiana Law Journal
The government’s lies can be devastating. This is the case, for example, of its lies told to resist legal and political accountability for its misconduct; to inflict economic and reputational harm; or to enable the exercise of its powers to imprison, to deploy lethal force, and to commit precious national resources. On the other hand, the government’s lies can sometimes be helpful: consider lies told to thwart a military adversary or to identify wrongdoing through undercover police work. The substantial harms threatened by some government lies invite a search for ways to punish and prevent them. At the same time, …
Content-Based Copyright Denial, Ned Snow
Content-Based Copyright Denial, Ned Snow
Indiana Law Journal
No principle of First Amendment law is more firmly established than the principle that government may not restrict speech based on its content. It would seem to follow, then, that Congress may not withhold copyright protection for disfavored categories of content, such as violent video games or pornography. This Article argues otherwise. This Article is the first to recognize a distinction in the scope of coverage between the First Amendment and the Copyright Clause. It claims that speech protection from government censorship does not imply speech protection from private copying. Crucially, I argue that this distinction in the scope of …
Unlocked And Loaded: Government Censorship Of 3d-Printed Firearms And A Proposal For More Reasonable Regulation Of 3d-Printed Goods, Danton L. Bryans
Unlocked And Loaded: Government Censorship Of 3d-Printed Firearms And A Proposal For More Reasonable Regulation Of 3d-Printed Goods, Danton L. Bryans
Indiana Law Journal
This Comment analyzes the regulations in place on 3D-printed firearms and proposes a new standard for regulating 3D-printed goods. Part I provides a brief primer on 3D printing and 3D-printed firearms. Part II turns to the events surrounding Defense Distributed’s creation of the world’s first 3D-printed firearm and the subsequent government censorship of the corresponding CAD files. Part III discusses the regulations affecting 3D-printed firearms and why these regulations are ill-suited for CAD files and 3D-printed goods. Part IV analyzes the implications of treating CAD files and 3D-printed goods as equivalents of traditional goods. Finally, Part V offers a proposal …
The Rising None: Marsh, Galloway, And The End Of Legislative Prayer, Nicholas C. Roberts
The Rising None: Marsh, Galloway, And The End Of Legislative Prayer, Nicholas C. Roberts
Indiana Law Journal
No abstract provided.
Citizens Disunited: Mccutcheon V. Federal Election Commission, Adam Lamparello
Citizens Disunited: Mccutcheon V. Federal Election Commission, Adam Lamparello
Indiana Law Journal
The wealthy are democracy’s darlings, the middle class are its stepchildren, and the poor are its orphans. Corporate giants line the pockets of senatorial candidates—and purchase influence—while average citizens walk into a polling station and cast a largely symbolic vote. Stated simply, money creates a soft inequality by dominating the political process. Like the “soft bigotry of low expectations,”69 the soft inequality embedded in our political system has created a liberty gap between the prosperous and the poor. McCutcheon was an opportunity to bridge this gap. Instead, the Court enshrined the status quo by holding that Congress could only regulate …
The Limits Of Child Pornography, Carissa Byrne Hessick
The Limits Of Child Pornography, Carissa Byrne Hessick
Indiana Law Journal
Although the First Amendment ordinarily protects the creation, distribution, and possession of visual images, the Supreme Court has declared that those protections do not apply to child pornography. But the Court has failed to clearly define child pornography as a category of speech. Providing a precise definition of the child pornography exception to the First Amendment has become increasingly important because recent years have seen a dramatic increase in the penalties associated with the creation, distribution, and possession of child pornography.
This Article proposes a clear definition of the child pornography exception. It argues that an image ought to fall …
Removing Disfavored Faces From Facebook: The Freedom Of Speech Implications Of Banning Sex Offenders From Social Media, John Hitz
Indiana Law Journal
This Note scrutinizes the constitutionality of statutes that ban sex offenders who are no longer under any form of probation, parole, or supervised release from using social media. This Note argues that the incarnations of three of the social media ban statutes that have been examined by the federal judiciary were properly found unconstitutional because they violate the free speech rights of the sex offenders that they ban from social media. This Note goes on to argue that states can secure the interests they were seeking to protect in adopting these statutes through other means.
ng what groups of individuals …
Religiously Devout Judges: A Decision-Making Framework For Judicial Disqualification, Michelle L. Jones
Religiously Devout Judges: A Decision-Making Framework For Judicial Disqualification, Michelle L. Jones
Indiana Law Journal
No abstract provided.
The Sins Of Hosanna-Tabor, Leslie Griffin
The Sins Of Hosanna-Tabor, Leslie Griffin
Indiana Law Journal
The Supreme Court has lost sight of individual religious freedom. In Hosanna-Tabor Evangelical Lutheran Church & School v. EEOC, the Court for the first time recognized the ministerial exception, a court-created doctrine that holds that the First Amendment requires the dismissal of many employment discrimination cases against religious employers. The Court ruled unanimously that Cheryl Perich, an elementary school teacher who was fired after she tried to return to school from disability leave, could not pursue an antidiscrimination lawsuit against her employer.
This Article criticizes Hosanna-Tabor as a profound misinterpretation of the First Amendment. The Court mistakenly protected religious institutions’ …
Police Efficiency And The Fourth Amendment, L. Song Richardson
Police Efficiency And The Fourth Amendment, L. Song Richardson
Indiana Law Journal
Much of our Fourth Amendment jurisprudence is premised upon a profound misunderstanding of the nature of suspicion. When determining whether law enforcement officers had the reasonable suspicion necessary to justify a “stop and frisk,” courts currently assume that, in any given case, the presence or absence of reasonable suspicion can objectively be determined simply by examining the factual circumstances that the officers confronted. This Article rejects that proposition. Powerful new research in the behavioral sciences indicates that implicit, nonconscious biases affect the perceptions and judgments that are integral to our understanding of core Fourth Amendment principles. Studies reveal, for example, …
Renewing The Chase: The First Amendment, Campaign Advertisements, And The Goal Of An Informed Citizenry, John Stewart Fleming
Renewing The Chase: The First Amendment, Campaign Advertisements, And The Goal Of An Informed Citizenry, John Stewart Fleming
Indiana Law Journal
No abstract provided.
Religion And Education: Whither The Establishment Clause?, Martha Mccarthy
Religion And Education: Whither The Establishment Clause?, Martha Mccarthy
Indiana Law Journal
Symposium: Religious Liberty at the Dawn of a New Millennium held at Indiana University School of Law-Bloomington on April 9, 1999.
The Normalized Free Exercise Clause: Three Abnormalities, Fredrick Mark Gedicks
The Normalized Free Exercise Clause: Three Abnormalities, Fredrick Mark Gedicks
Indiana Law Journal
Symposium: Religious Liberty at the Dawn of a New Millennium held at Indiana University School of Law-Bloomington on April 9, 1999.
Religion/Religions In The United States: Changing Perspectives And Prospects, Stephen J. Stein
Religion/Religions In The United States: Changing Perspectives And Prospects, Stephen J. Stein
Indiana Law Journal
Symposium: Religious Liberty at the Dawn of a New Millennium held at Indiana University School of Law-Bloomington on April 9, 1999.
What Is The Matter With Equality?: An Assessment Of The Equal Treatment Of Religion And Nonreligion In First Amendment Jurisprudence, William P. Marshall
What Is The Matter With Equality?: An Assessment Of The Equal Treatment Of Religion And Nonreligion In First Amendment Jurisprudence, William P. Marshall
Indiana Law Journal
Symposium: Religious Liberty at the Dawn of a New Millennium held at Indiana University School of Law-Bloomington on April 9, 1999.
The Path Of American Religious Liberty: From The Original Theology To Formal Neutrality And An Uncertain Future, Daniel O. Conkle
The Path Of American Religious Liberty: From The Original Theology To Formal Neutrality And An Uncertain Future, Daniel O. Conkle
Indiana Law Journal
Symposium: Religious Liberty at the Dawn of a New Millennium held at Indiana University School of Law-Bloomington on April 9, 1999.
Blooming Confusion: Madison's Mixed Legacy, Steven D. Smith
Blooming Confusion: Madison's Mixed Legacy, Steven D. Smith
Indiana Law Journal
Symposium: Religious Liberty at the Dawn of a New Millennium held at Indiana University School of Law-Bloomington on April 9, 1999.
Freedom Of Religion In The United States: Fin De Siècle Sketches, Michael J. Perry
Freedom Of Religion In The United States: Fin De Siècle Sketches, Michael J. Perry
Indiana Law Journal
Symposium: Religious Liberty at the Dawn of a New Millennium held at Indiana University School of Law-Bloomington on April 9, 1999.
Rethinking The Clear And Present Danger Test, David R. Dow, R. Scott Shieldes
Rethinking The Clear And Present Danger Test, David R. Dow, R. Scott Shieldes
Indiana Law Journal
No abstract provided.
A Constitutional Right Of Access To Pretrial Documents: A Missed Opportunity In Reporters Committee For Freedom Of The Press, Daniel J. Kopp
A Constitutional Right Of Access To Pretrial Documents: A Missed Opportunity In Reporters Committee For Freedom Of The Press, Daniel J. Kopp
Indiana Law Journal
No abstract provided.
Celebrities And The First Amendment: Broader Protection Against The Unauthorized Publication Of Photographs, D. Scott Gurney
Celebrities And The First Amendment: Broader Protection Against The Unauthorized Publication Of Photographs, D. Scott Gurney
Indiana Law Journal
No abstract provided.
A Moment Of Silence: A Permissible Accommodation Protecting The Capacity To Form Religious Belief, Andrew Woodbridge Hall
A Moment Of Silence: A Permissible Accommodation Protecting The Capacity To Form Religious Belief, Andrew Woodbridge Hall
Indiana Law Journal
No abstract provided.
Connick V. Myers: New Restrictions On The Free Speech Rights Of Government Employees, Peter C. Mccabe Iii
Connick V. Myers: New Restrictions On The Free Speech Rights Of Government Employees, Peter C. Mccabe Iii
Indiana Law Journal
No abstract provided.
Library Book Selection And The Public Schools: The Quest For The Archimedean Point, Mark G. Yudof
Library Book Selection And The Public Schools: The Quest For The Archimedean Point, Mark G. Yudof
Indiana Law Journal
No abstract provided.
Products Liability And The First Amendment: The Liability Of Publishers For Failure To Warn, Lisa A. Powell
Products Liability And The First Amendment: The Liability Of Publishers For Failure To Warn, Lisa A. Powell
Indiana Law Journal
No abstract provided.