Law Commons^™

Selling Art: An Empirical Assessment Of Advertising On Fertility Clinics' Websites, Jim Hawkins

Indiana Law Journal

Scholarship on assisted reproductive technologies (ART) has emphasized the commercial nature of the interaction between fertility patients and their physicians, but little attention has been paid to precisely how clinics persuade patients to choose their clinics over their competitors’. This Article offers evidence about how clinics sell ART based on clinics’ advertising on their websites. To assess clinics’ marketing efforts, I coded advertising information on 372 fertility clinics’ websites. The results from the study confirm some suspicions of prior ART scholarship while contradicting others. For instance, in line with scholars who are concerned that racial minorities face barriers to accessing …

Discrimination In Baby Making: The Unconstitutional Treatment Of Prospective Parents Through Surrogacy, Andrea B. Carroll

Indiana Law Journal

Roundtable on Regulating Assisted Reproductive Technology 2012

How Parents Are Made: A Response To Discrimination In Baby Making: The Unconstitutional Treatment Of Prospective Parents Through Surrogacy, Kimberly M. Mutcherson

Indiana Law Journal

Roundtable on Regulating Assisted Reproductive Technology 2012

"We The People," Constitutional Accountability, And Outsourcing Government, Kimberly N. Brown

Indiana Law Journal

The ubiquitous outsourcing of federal functions to private contractors, although benign in the main, raises the most fundamental of constitutional questions: What institutions and actors comprise the “federal government” itself? From Abu Ghraib to Blackwater, a string of scandals has heightened public awareness that highly sensitive federal powers and responsibilities are routinely entrusted to government contractors. At the same time, the American populace seems vaguely aware that, when it comes to ensuring accountability for errors and abuses of power, contractors occupy a special space. The fact is that myriad structural and procedural means for holding traditionally government actors accountable do …

Biometric Id Cybersurveillance, Margaret Hum

Indiana Law Journal

The implementation of a universal digitalized biometric ID system risks normalizing and integrating mass cybersurveillance into the daily lives of ordinary citizens. ID documents such as driver’s licenses in some states and all U.S. passports are now implanted with radio frequency identification (RFID) technology. In recent proposals, Congress has considered implementing a digitalized biometric identification card—such as a biometric-based, “high-tech” Social Security Card—which may eventually lead to the development of a universal multimodal biometric database (e.g., the collection of the digital photos, fingerprints, iris scans, and/or DNA of all citizens and noncitizens). Such “hightech” IDs, once merged with GPS-RFID tracking …

The Political Economy Of International Financial Regulation, Pierre-Hugues Verdier

Indiana Law Journal

No abstract provided.

Violent Sex: How Gender-Based Violence Is Structured In Haiti, Healthcare & Hiv/Aids, Chanelle Fox

Indiana Journal of Law and Social Equality

Healthcare is a basic right that must be protected. Although international policy and domestic law should be designed to protect human rights and equality, little attention has been given to the cumulative effect of the global healthcare system as evidenced in the domestic application of healthcare initiatives. This Note critically analyzes international treaties, domestic law, and HIV/AIDS-related initiatives in Haiti to evaluate the efficacy of the global healthcare system. It argues that this system is structurally violent against women, and that this violence is perpetuated through policy and law. Law, policy, and healthcare must better address systemic issues of gender-based …

Selling Art Or Selling Out?: A Response To Selling Art: An Empirical Assessment Of Advertising On Fertility Clinics' Websites, Jody L. Madeira

Indiana Law Journal

Roundtable on Regulating Assisted Reproductive Technology 2012

Hierarchies Of Discrimination In Baby Making: A Response To Professor Carroll, Radhika Rao

Indiana Law Journal

Roundtable on Regulating Assisted Reproductive Technology 2012

Mothering For Money: Regulating Commercial Intimacy, Surrogacy, Adoption,, Pamela Laufer-Ukeles

Indiana Law Journal

Roundtable on Regulating Assisted Reproductive Technology 2012

New Thinking On Commercial Surrogacy, Richard F. Storrow

Indiana Law Journal

Roundtable on Regulating Assisted Reproductive Technology 2012

Reproducing Hierarchy In Commercial Intimacy, Michele Goodwin

Indiana Law Journal

Roundtable on Regulating Assisted Reproductive Technology 2012

Shareholder Voting As Veto, Michael S. Kang

Indiana Law Journal

No abstract provided.

A New Approach To Digital Reader Privacy; State Regulations And Their Protection Of Digital Book Data, Andrew A. Proia

Indiana Law Journal

No abstract provided.

Disappearing Diversity? Fcc Deregulation And The Effect On Minority Station Ownership, Jason Allen

Indiana Journal of Law and Social Equality

Latinos, African Americans, Asian Americans, and Native Americans combine to constitute a full third of the American population, yet recent studies show these minority groups only represent 4.6% of the ownership of all television stations and 7.24% of the ownership of all radio stations. In a similar vein, women comprise approximately 51% of the country’s population; nevertheless, females own only around 6% of commercial television stations and commercial broadcast radio stations in the United States. These statistics have led many, from human rights watchdogs to media policymakers, to note with some dismay the modest efforts made by the FCC to …

Unfinished Equality: The Case Of Black Boys, Nancy Dowd

Indiana Journal of Law and Social Equality

Vulnerabilities and identities theories have an interdependent and symbiotic relationship that is critical to achieve social justice. Vulnerabilities analysis demands the state to explain and correct structural inequalities, while identities theories call for constructs and stereotypes to be confronted, challenged, and transformed in order to achieve justice and equality. An example of the value of both theoretical perspectives is in challenging, uncovering, and demanding action to end the subordination of black boys. Analyzing the situation of black boys, from birth to age eighteen, and the interaction they have with individuals, institutional structures, and culture leads to a conclusion that identity …

The Obama Administration's Civil Rights Record: The Difference An Administration Makes, Michael L. Selmi

Indiana Journal of Law and Social Equality

This Article reviews the Obama administration’s civil rights record during its first administration, with a particular focus on the Civil Rights Division of the Department of Justice and the Equal Employment Opportunity Commission (EEOC). The review finds that although the Obama administration has generally been supportive of progressive causes, particularly in the Supreme Court and among issues relating to homosexuals, its enforcement activities have generally been quite limited. On a quantitative basis, the Obama administration’s civil rights enforcement typically falls at the same level or below that of the prior Bush administration, and with a few exceptions (mortgage discrimination and …

Discrimination Inward And Upward: Lessons On Law And Social Inequality From The Troubling Case Of Women Coaches, Deborah L. Brake

Indiana Journal of Law and Social Equality

In the Title IX success story, women’s opportunities in coaching jobs have not kept pace with the striking gains made by female athletes. Women’s share of jobs coaching female athletes has declined substantially in the years since the law was enacted, moving from more than 90% to below 43% today. As a case study, the situation of women coaches contains important lessons about the ability of discrimination law to promote social equality. This Article highlights one feature of bias against women coaches—gender bias by female athletes—as a counter-paradigm that presents a challenge to the dominant frame of discrimination law.

The …

Obama's Immigration Reform: The Triumph Of Executive Action, John D. Skrentny, Jane Lilly López

Indiana Journal of Law and Social Equality

During the 2008 election, President Barack Obama promised Latino voters that, if elected, he would deliver comprehensive immigration reform including a legalization plan for many if not all of the millions of undocumented immigrants in the United States. However, this reform would require an act of Congress, and Obama failed to deliver during his first term. Yet Obama won an even larger share of the Latino vote in 2012 than he had in 2008. How was this possible? We argue that the Obama administration maintained and expanded its support from Latino voters by exploiting legal possibilities for executive action through …

Pauli Murray And The Twentieth-Century Quest For Legal And Social Equality, Serena Mayeri

Indiana Journal of Law and Social Equality

No abstract provided.

Changing The Narrative Of Neonaticide, Julie Spain

Indiana Journal of Law and Social Equality

No abstract provided.

Why It Is They And Not We Who Sit On The Woolsack—A Motion To Dismiss In Eeoc V. United Parcel Service In The Northern District Of Illinois, John C. Hendrickson

Indiana Journal of Law and Social Equality

No abstract provided.

Still Standing In The Schoolhouse Door: Deconstructing Brown's Bias And Reconstructing Its Remedy, Bryan K. Fair

Indiana Journal of Law and Social Equality

No abstract provided.

Reintegrating Detroit: Using Affirmative Action To Remedy The Discriminatory Effect Of Eminent Domain Takings For Economic Development, Sarah Domin

Indiana Journal of Law and Social Equality

This Note discusses eminent domain in blighted areas of Detroit, Michigan, where economic downturn combined with a shrinking population has led to large-scale demolitions in parts of the city. The central argument of this Note is that government takings for the purposes of economic development and blight eradication that fall heavily on minority populations should be allowed for their economic benefit so long as they are carefully tailored to improve racial diversity in the outcome. In spite of their disproportionate impact on poor, less-educated, and minority homeowners, takings for blight eradication should not be restricted in cities like Detroit, where …

California’S Conversion: A Ban On Minor Conversion Therapy And The Effect On Other States, Julie Laemmle

Indiana Journal of Law and Social Equality

No abstract provided.

The Origins Of American Design Patent Protection, Jason John Du Mont, Mark D. Janis

Indiana Law Journal

Many firms invest heavily in the way their products look, and they rely on a handful of intellectual property regimes to stop rivals from producing look-alikes. Two of these regimes—copyright and trademark—have been closely scrutinized in intellectual property scholarship. A third, the design patent, remains little understood except among specialists. In particular, there has been virtually no analysis of the design patent system’s core assumption: that the rules governing patents for inventions should be incorporated en masse for designs.

One reason why the design patent system has remained largely unexplored in the literature is that scholars have never explained how …

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’ …

Editor's Note, Alfred C. Aman, Kellie F. Rockel

Indiana Journal of Global Legal Studies

No abstract provided.

Expanding Constitutionalism, Gunther Teubner, Anna Beckers

Indiana Journal of Global Legal Studies

Transnational Societal Constitutionalism Symposium, Collegio Carlo Alberto, Turin Italy, May 17-19, 2012

Jurisgenerative Constitutionalism: Procedural Principles For Managing Global Legal Pluralism, Paul Schiff Berman

Indiana Journal of Global Legal Studies

Global Legal Pluralism recognizes the inevitability (and sometimes even the desirability) of multiple legal and quasi-legal systems purporting to regulate the same act or actor. However, the resulting pluralism-just as inevitably-creates conflicts among norms that are potentially intractable. Thus, legal systems must address how best to respond to the realities of pluralism. This inquiry has constitutional dimensions because it goes to the constitutive character of communities and their relationships with other communities, be they international, transnational, national, subnational, or epistemic.

One response to pluralism is jurispathic: "kill off" all competing laws by declaring that one set of norms-and only one-shall …