Law Commons^™

Vol. 66, No. 13 (April 15, 2024)

Indiana Law Annotated

No abstract provided.

Vol. 66, No. 12 (April 8, 2024)

Indiana Law Annotated

No abstract provided.

Vol. 66, No. 11 (April 1, 2024)

Indiana Law Annotated

No abstract provided.

Dean's Desk: Shining A Light On The Accomplishments Of Iu Maurer's Faculty, Christiana Ochoa

Christiana Ochoa (7/22-10/22 Acting; 11/2022-)

As dean of the Indiana University Maurer School of Law, I have the privilege of seeing howour community makes a positive impact on local, state, national, and international affairsevery day.

Our students—deeply involved in their studies—still find time to donate thousands of hoursof pro bono service every single year. Our alumni, 12,000-plus strong, bring pride to ourschool and the legal profession every day. And our faculty, tasked with shaping the attorneysof tomorrow, devote extensive time inside and outside the classroom, ensuring our legacy ofproducing ethical, practice-ready lawyers by the time they graduate.

But our faculty do more than that. I …

Vol. 66, No. 10 (March 25, 2024)

Indiana Law Annotated

No abstract provided.

Vol. 66, No. 09 (March 18, 2024)

Indiana Law Annotated

No abstract provided.

Vol. 66, No. 08 (March 4, 2024)

Indiana Law Annotated

No abstract provided.

Vol. 66, No. 07 (February 26, 2024)

Indiana Law Annotated

No abstract provided.

Vol. 66, No. 06 (February 19, 2024)

Indiana Law Annotated

No abstract provided.

Maurer Blsa Earns Midwest Chapter Of The Year, James Owsley Boyd

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

The Black Law Students Association at the Indiana University Maurer School of Law has earned national recognition, taking home Medium Chapter of the Year honors at the 56th Midwest BLSA Regional Convention in early February.

The Midwest BLSA community includes dozens of chapters at law schools from Colorado to Ohio, including nearly all of the schools in the Big Ten conference.

“Our Black Law Students Association isn’t just one of the best in the Midwest, it’s one of the best in the country,” said Indiana Law Dean Christiana Ochoa. “Congratulations to Nashuba Hudson, the executive board, and all who have …

Vol. 66, No. 05 (February 12, 2024)

Indiana Law Annotated

No abstract provided.

Free Tax Assistance Available At The Maurer School Of Law Through March 26, James Owsley Boyd

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

Some Monroe County residents and Indiana University students can receive free assistance with their 2023 federal and state tax returns at the Maurer School of Law as part of the Volunteer Income Tax Assistance (VITA) program.

Vol. 66, No. 04 (February 5, 2024)

Indiana Law Annotated

No abstract provided.

Indiana Supreme Court Chief Justice Commends Work Of Iu Faculty During Annual State Of The Judiciary, James Owsley Boyd

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

No abstract provided.

Vol. 66, No. 03 (January 29, 2024)

Indiana Law Annotated

No abstract provided.

Vol. 66, No. 02 (January 22, 2024)

Indiana Law Annotated

No abstract provided.

Legal, Policy, And Environmental Scholars Discuss Global Food Systems At Indiana Law Symposium, James Owsley Boyd

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

The Indiana University Maurer School of Law and its Indiana Journal of Global Legal Studies are hosting scholars from around the country Friday and Saturday (Jan. 19-20) for an interdisciplinary discussion on one of the world’s most prevalent problems—food insecurity.

Data from the World Bank estimate more than 780 million people around the world suffered from chronic hunger in 2022. As climate change affects agricultural production and water accessibility, the problem could worsen in coming years.

“A Fragile Framework: How Global Food Systems Intersect with the International Legal Order, the Environment, and the World’s Populations” will bring together legal, policy, …

Vol. 66, No. 01 (January 15, 2024)

Indiana Law Annotated

No abstract provided.

Henderson Named One Of The Most Influential People In Legal Education, James Owsley Boyd

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

Indiana University Maurer School of Law Professor Bill Henderson has once again been recognized as one of the most influential people in legal education, but he’s not the only one with ties to the Law School on this year’s list.

The National Jurist ranked Henderson #18 on its list. Kellye Testy, a 1991 alumna of the Law School and president and CEO of the Law School Admission Council, is ranked second.

Maurer School Of Law Names New Assistant Dean For Diversity, Equity, And Inclusion, James Owsley Boyd

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

Dr. Gabriel Escobedo has been appointed the Law School’s inaugural assistant dean for diversity, equity, and inclusion.

Escobedo has strong ties to Indiana University, earning his Ph.D. in Anthropology of Performing Arts and Latinx Culture from the university in 2023. He was an assistant instructor in IU’s Department of Anthropology from 2013-15.

“Gabriel will be a strong leader for our DEI efforts, and we’re excited to welcome him and his family back to Bloomington,” Maurer School of Law Dean Christiana Ochoa said. “His experience and success working collaboratively with a wide range of stakeholders at Michigan Technological University stood out …

Corporate Climate Litigation And Environmental Justice: How Green Amendments Can Be Used To Advance Accountability And Equity, Noah Hines

Indiana Journal of Law and Social Equality

The term “Green Amendment” was first coined by author Maya van Rossum in her 2017 book The Green Amendment: Securing Our Right to a Healthy Environment, in which she argues that modern environmental protection laws are fundamentally failing the most vulnerable people in society and proposes the creation of new constitutional rights as a solution. The provisions van Rossum argues ought to be added to state constitutions as “Green Amendments” are also sometimes called “Environmental Rights Amendments,” and generally enumerate the right of all citizens to a clean or healthy environment. Green Amendments currently exist in Pennsylvania, Montana, Illinois, Hawaii, …

Abortion And Affirmative Action: The Fragility Of Supreme Court Political Decision-Making, William E. Nelson

Indiana Journal of Law and Social Equality

This Article shows, on the basis of new evidence, that the canonical case of Marbury v. Madison has been grossly misinterpreted and that as a result of the misinterpretation we cannot understand what is wrong with contemporary cases such as Dobbs v. Jackson Women’s Health Organization and Students for Fair Admissions, Inc. v. President and Fellows of Harvard College.

The Article will proceed as follows. Because Marbury cannot be properly understood without understanding the eighteenth-century background against which it was decided, Part I will examine legal practices in colonial and post-Revolutionary America, focusing on cases in which judicial review emerged …

Doe Not Worry: Expanding Protections For Unaccompanied Children, Heidi E. Davis

Indiana Journal of Law and Social Equality

A recent Fourth Circuit decision created a circuit split regarding the standard applied to constitutional violations in secure holding facilities. The more “liberal” professional judgment standard—as promulgated by Youngberg v. Romeo and applied to unaccompanied immigrant minors in Doe 4 ex rel. Lopez—is necessary but insufficient for the protection of unaccompanied children. This Note first examines the origins of the professional judgment standard in the Youngberg case. Then, cases are surveyed showing that the Supreme Court has recognized children as a vulnerable population, and current regulations, legislation, and court opinions recognize the vulnerabilities of unaccompanied children. With these ideas in …

The Living Constitution: Why The Supreme Court Must Part Ways With Exclusionary Eminent Domain, Aaron Mackay

Indiana Law Journal

The Fifth Amendment’s “public use” requirement for takings is no longer a requirement at all. Instead, the meaning of “public use” has been expanded far beyond its original intent and public understanding. The broadening of the “public use” requirement reached its breaking point in Kelo. Since Kelo, state legislatures have responded by restricting eminent domain use to remove “blighted” areas. In effect, contemporary eminent domain reduces the availability of affordable housing, which has exacerbated the affordable housing crisis. This Note explores a constitutionally permissible re-working of the eminent domain doctrine to encourage the provision of affordable housing. Interpreting the “public …

The Trade Origins Of Privacy Law, Anupam Chander

Indiana Law Journal

The desire for trade propelled the growth of data privacy law across the world. Countries with strong privacy laws sought to ensure that their citizens’ privacy would not be compromised when their data traveled to other countries. Even before this vaunted Brussels Effect pushed privacy law across the world through the enticement of trade with the European Union, Brussels had to erect privacy law within the Union itself. And as the Union itself expanded, privacy law was a critical condition for accession.

But this coupling of privacy and trade leaves a puzzle: how did the U.S. avoid a comprehensive privacy …

Don't Mess With Texans' Rights: Protecting Transgender Youth From The Paternalistic Policies Of State Executives, Mary Franklin

Indiana Journal of Law and Social Equality

Texas Attorney General Ken Paxton issued an opinion in 2022 detailing how gender-affirming care for transgender minors constituted child abuse under the Texas Family Code. As a result of this opinion, multiple families of trans teens engaging in various forms of gender-affirming care were investigated by the Texas Department of Family and Protective Services. This Article applies the constitutional standards imposed by the equal protection clause, substantive due process, and parental authority to Paxton’s recommendation, using both the U.S. and Texas Constitutions. Ultimately, this Article concludes that Paxton’s opinion fails to meet these constitutional standards and recommends action from the …

Banned Books & Banned Identities: Maintaining Secularism And The Ability To Read In Public Education For The Well-Being Of America's Youth, Megan M. Tylenda

Indiana Journal of Law and Social Equality

Books containing LGBTQ+ themes and characters are being removed from public school libraries at a rapid rate across the United States. While a book challenge has made it to the Supreme Court once before, the resulting singular plurality opinion left courts without a clear test to apply, ultimately leaving students’ First Amendment rights in the air. Additionally, the increasingly relaxed view of courts towards religious influence in public schools indicates that if a modern case were to reach the Supreme Court, religious challenges may be accepted, which would leave LGBTQ+ students who seek to see themselves represented in literature without …

Interlocal Power Roulette, Daniel B. Rosenbaum

Indiana Law Journal

Local governments inhabit a crowded ecosystem. Cities, counties, and school districts—and many more—share overlapping territorial jurisdictions. Overlapping jurisdiction goes hand-in-hand with redundant local power, defined as a scenario where multiple governments hold independent authority to take the exact same action in the exact same territorial space. In Maine, for example, state law empowers three local bodies to operate the same sewer infrastructure. In Detroit, two separate entities are equally tasked with managing the city’s streetlights. And in communities across the country, local governments are broadly authorized to own the same parcels of public land, including in Oakland, California, where public …

Patent Term Tailoring, Sarah Rajec

Indiana Law Journal

Patent rights are designed to encourage innovation with both the promise of a patent and with its expiration. Currently, patent term lasts from issuance until twenty years from the application date, with minor exceptions. The patent term is limited so that rewards for past invention do not overly hinder future progress. Although the goal is laudable, a uniform patent term is a blunt instrument to achieve such a nuanced balance. Historically, the patent system was not averse to tailoring terms through, for example, individually granted extensions to undercompensated inventors or term curtailment when a foreign patent holder failed to “work” …

Defining Religion And Accommodating Religious Exercise, Justin Collings, Anna Bryner

Indiana Law Journal

It is a volatile time in the jurisprudence of the First Amendment’s Religion Clauses. In recent terms, the U.S. Supreme Court has revisited many key Church-State and free exercise questions, and the Justices seem poised to revisit several more. Each of these fundamental questions presupposes an antecedent question: what, for constitutional purposes, is religion itself? The Court has never answered this question consistently or systematically. But, at least in the case of constitutionally mandated religious exemptions, a clear pattern emerges over time: the broader the Court’s definition of religion, the weaker its regime of religious exemptions. The reverse has also …