Law Commons^™

Cso Boutique Helps Students Dress For Success, James Owsley Boyd

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

Rummaging through the racks, hanger after hanger offers style at a price you can’t beat—free. Here on the third floor of the Law School, the Faculty Conference Room has been transformed into a makeshift storefront. Dresses, suits, dress shirts, sweaters, and more hang from three racks of donated clothing. Each piece already has its own history, but thanks to the generosity of faculty, staff, alumni, and even friends, law students have the opportunity to create their own in donated designer threads.

The Career Services Office Boutique is an annual event that matches clothing some no longer need to students who …

Dean's Desk: Finding New Ways To Help Diminish Cybersecurity Threats, Christiana Ochoa

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

In an era when cyberattacks can paralyze hospitals, disrupt elections, and compromise the privacy of millions, the need for innovative cybersecurity and privacy protections has never been more urgent. But it is not just a question of new technologies; strong data protection depends as much on motivating people and organizations to use those technologies and make wise choices to diminish data risk.

The Indiana University Maurer School of Law has spent more than 30 years answering cybersecurity and privacy challenges with a distinctive, holistic approach: an interdisciplinary, human-centered legal education that equips students to lead at the intersection of technology, …

The Sexual Harassment Silo, Deborah Widiss

Articles by Maurer Faculty

The #MeToo movement exposed the pervasiveness of sexual harassment in employment and made clear that legal remedies were sorely lacking. Federal and state lawmakers responded by passing laws broadening access to court and enhancing remedies; requiring training, policies, and data collection; and modifying substantive harassment law, most commonly by rejecting the requirement that victims prove they were subject to “severe or pervasive” conduct. Although some of these reforms apply to harassment or discrimination on the basis of any protected trait, many create special rights for victims of sexual harassment. Collectively these laws establish what I term “the sexual harassment silo.” …

Vol. 68, No. 09 (March 10, 2025)

Indiana Law Annotated

No abstract provided.

Vol. 68, No. 08 (March 3, 2025)

Indiana Law Annotated

No abstract provided.

Vol. 68, No. 07 (February 24, 2025)

Indiana Law Annotated

No abstract provided.

Fariss, Peters, Singleton, And Strain To Be Inducted Into Academy Of Law Alumni Fellows, James Owsley Boyd

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

The Indiana University Maurer School of Law Academy of Law will welcome four new members into its Academy of Law Alumni Fellows this spring with the inductions of Linda Fariss, Agnes Peters, Earl Singleton, and James Strain.

Induction into the ALAF is the highest honor the Law School can bestow upon an alumnus. This year’s ceremony will take place April 11 in the Indiana Memorial Union in Bloomington.

“Linda, Agnes, Earl, and James have made extraordinary contributions to their local communities, the legal profession, and the Law School,” said Indiana Law Dean Christiana Ochoa. “Their stories are remarkable testaments to …

Vol. 68, No. 06 (February 17, 2025)

Indiana Law Annotated

No abstract provided.

Guggenheim, Macarthur Fellow To Address Class Of 2025, James Owsley Boyd

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

Reginald Dwayne Betts, an internationally recognized poet, legal scholar, educator, and prison reform advocate, will serve as the 2025 Commencement speaker for the graduating classes of the Indiana University Maurer School of Law.

The Law School will recognize its graduating students on Saturday, May 10, from 4 to 6 p.m. in the Indiana University Auditorium.

“Dwayne Betts has a remarkable story that resonates with audiences around the world,” said Dean Christiana Ochoa. “His journey from incarceration to inspiration is an example of how we can all make positive changes in our lives and make an impact on others. I’m grateful …

Vol. 68, No. 05 (February 10, 2025)

Indiana Law Annotated

No abstract provided.

Vol. 68, No. 04 (February 3, 2025)

Indiana Law Annotated

No abstract provided.

Mark Need Leading Iu Ventures Fellows Cohort, Including Two Maurer Students, James Owsley Boyd

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

An Indiana University Maurer School of Law faculty member will lead—and two of its students participate—in the fourth cohort of IU Ventures, the university’s early-stage venture and angel investment arm.

Mark Need, clinical professor and director of the Law School’s Elmore Entrepreneurship Law Clinic, will lead the 13-student cohort—the largest yet—which includes David Dillon, a second-year JD-MBA candidate, and 1L student Klaus Griesemer.

Vol. 68, No. 03 (January 27, 2025)

Indiana Law Annotated

No abstract provided.

Free Taxpayer Assistance Offered At Maurer School Of Law Through March, James Owsley Boyd

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

Qualifying local taxpayers will have a helping hand navigating federal and state tax returns this spring, as the Volunteer Income Tax Assistance (VITA) program will once again offer services at the Indiana University Maurer School of Law.

Both U.S. and certain international taxpayers are eligible to utilize the services, which will run on Monday and Tuesdays from 6:30-9:30 p.m. beginning January 27 and running through March 25. Services will be available on a first-come, first-served basis in Room 121 on the first floor of the Law School (211 South Indiana Avenue).

VITA services will not be available the week of …

Vol. 68, No. 02 (January 20, 2025)

Indiana Law Annotated

No abstract provided.

Vol. 68, No. 01 (January 13, 2025)

Indiana Law Annotated

No abstract provided.

Streamlining Wildlife Regulation, Robert L. Fischman

Articles by Maurer Faculty

A recent burst of revisions in the bedrock regulations governing projects that may adversely affect wildlife represents a generational shift in policy. Streamlining federal decision -making drove much of this reform. Streamlining offers a path to address climate change without abandoning a longstanding commitment to wildlife conservation. The conservation community recognizes the need to build new infrastructure to reduce the rate of climate change through air emissions. The most urgent priority is decarbonizing the electrical ~rid through renewable energy generation and a better transmission network. Adaptation to the "new abnormal" of climate-driven environmental disruption demands federal approvals for a host …

Data Injustice In Global Justice, Asaf Lubin, Cherry Tang

Articles by Maurer Faculty

In May 2020, the United Nations Secretary-General unveiled a sweeping “Data Strategy for Action by Everyone, Everywhere,” seeking to unlock the UN’s “full data potential.” The International Criminal Court’s Office of the Prosecutor followed suit, declaring in 2023 its intent to acquire advanced cyber forensic tools so as to hold the “widest range of digital evidence globally.” Across international institutions, data-driven governance has become the norm, with humanitarian agencies and tribunals transforming into “data hubs and information clearinghouses.” This Article critiques the unfettered datafication of global justice by international courts and organizations. These entities have aggressively expanded their data-driven operations …

Climate Prosecution As Climate Regulation, Cindy J. Cho

Articles by Maurer Faculty

Last term, the Supreme Court weakened the federal government’s ability to regulate. Three new decisions—and one landmark case from the previous term—will affect everything from drug approvals to overtime pay to national security. One issue stands out as a political flashpoint that will prove particularly difficult to address via regulation in the wake of this term: climate change. Given the unlikelihood of congressional climate action any time soon, those concerned about the risks of a warming planet will no doubt be looking for alternatives to regulation. Private and state civil lawsuits against polluters reflect an important legal tradition that must …

Reconstituting Corporate Power & Accountability, Cindy J. Cho, Donald Braman, Theresa Gabaldon

Articles by Maurer Faculty

Modern society faces a growing crisis of corporate impunity. While corporations generate immense value, they increasingly inflict harm at scales that dwarf those of traditional street crime. Decades of deregulation, unchecked corporate lobbying, and a judiciary actively dismantling the administrative state have created a dangerous accountability vacuum. And just as federal oversight is collapsing, the Supreme Court's expanding preemption doctrine is handcuffing state regulators. This Article proposes a paradigm shift: the revitalization of state criminal authority, a power largely shielded from federal interference. Upon securing a conviction or deferred prosecution agreement, states should mandate that the offending corporation conduct all …

The Case For Contingent Regulatory Sunsets, Jeffrey D. Manns

Indiana Law Journal

Cost-benefit analysis is at the core of regulatory impact analysis for every proposed rule or regulation and is designed to be a structural constraint on the administrative state. The challenge is ex ante cost-benefit analysis necessarily rests on many assumptions, and much more information is available about a regulation’s impact after it has been implemented. But ex post cost-benefit analysis is ad hoc and infrequent in spite of efforts by numerous presidential administrations to promote regulatory lookbacks.

I propose institutionalizing “contingent regulatory sunsets” to ensure that rules and regulations have the positive impact in practice that administrative agencies intended. I …

Genetic Privacy, Ifeoma Ajunwa, Forrest Briscoe

Indiana Law Journal

The last decade has brought many technological advances to genetic testing. Increasingly, genetic testing, which was previously reserved for clinical or medical settings, has made its way to other spaces. Most significantly, we are now seeing the re-introduction of genetic testing to the workplace. Although the Genetic Information Nondiscrimination Act (GINA), which became law in 2009, would seemingly prohibit genetic testing in the workplace, genetic testing, as part of workplace wellness programs, is lawful under the aegis of the Affordable Care Act (ACA). This poses a threat to genetic privacy in the workplace. While some, like the actor Angelina Jolie, …

Cultural Cognition And The Thoughtful Judge, Jack Whiteley

Indiana Law Journal

That judges follow what the law is, and not what they wish it was, is a requirement of the rule of law. At the same time, scholars, lawyers, and judges often say that judges’ values influence their decisions. Connecting these two ideas has generated a conversation about the relationship between law, ideology, and politics.

Recently, part of this conversation has focused on a theory called cultural cognition. The theory offers an account of how people’s values shape how they interpret things without their noticing. People whose values tend toward hierarchy sometimes perceive facts differently than people whose values tend toward …

Public-Private Partnerships After Murthy V. Missouri, Danielle Keats Citron, Jeff Stautberg

Indiana Law Journal

This Essay considers the future of public-private collaboration in the wake of the Murthy v. Missouri litigation, which cast doubt on the constitutionality of information sharing between federal agencies and social media companies. The litigation has been a good and a bad teacher. On one hand, the lower court decisions made legible the risks to free expression, accountability, transparency, and intimate privacy posed by government-industry collaborations. On the other hand, the litigation chilled information sharing between federal agencies, state election officials, and social media companies at the moment that such collaboration could and should help protect against foreign malign influence …

Common Law Executive Privilege(S), Jonathan Shaub

Indiana Law Journal

There are few Supreme Court cases that enjoy as much widespread support as the unanimous decision in United States v. Nixon. The recent pitched battles between Congress and the executive branch have made apparent the vast disagreement between the two branches over access to information. But that disagreement does not extend to Nixon, the unquestioned jurisprudential foundation for the doctrine of executive privilege. Closer inspection shows, however, that this foundation is not a stable one, but one constructed from unnecessary, ill-considered dicta.

As this Article demonstrates, Nixon conflated the constitutional question about one branch’s power vis-à-vis another branch with an …

The Uptake Puzzle In Expungement Of Criminal Records, Jessica Steinberg, Elenore Wade

Indiana Law Journal

Expungement has an uptake problem. A recent explosion of state-level rights allows people with felony convictions to expunge their criminal record, but only one to six percent of eligible people avail themselves of the remedy. Expungement is a powerful policy tool that promotes social and economic reintegration. It also serves a dignitary purpose, allowing people with criminal records to unshackle themselves from past mistakes. One might assume people would rush to court to clear their records. That the opposite is occurring—and new laws are idling on the books—suggests that rights-creation in this space has not been efficacious. This demands a …

The Anti-Discriminatory Right To Travel, Noah Smith-Drelich

Indiana Law Journal

Travel rights and travel restrictions shape nearly every part of society, moderating where and how we go about our daily lives. Yet a central aspect of travel has gone largely unnoticed in the legal literature. Oppressive governments have routinely restricted free movement as a principal means of effectuating discrimination. And travel rights, as a result, have always had a strong anti-discriminatory valence. From the Magna Carta to Blackstone’s Commentaries to the Constitution itself, rights to travel have consistently emerged from struggles against discrimination.

This Article makes several independent but related contributions. First, the Constitution’s protections of travel have a strong …

From 1957 To 2023: How The Supreme Court Prevented Little Rock Schools From Achieving The Ideal Of Desegregation, Nyssa Kruse

Indiana Journal of Law and Social Equality

No abstract provided.

“Change Is Inevitable”: How The First Amendment Safety-Valve Theory Can Expand Protections For Student Expression, Leslie Klein, Jonathan Peters

Indiana Journal of Law and Social Equality

This article challenges the traditional notion that the regulation and protection of student expression in public schools should be based primarily or exclusively on the marketplace theory, which often reinforces the status quo. The safety valve theory is more appropriate and should be applied, especially in the current political and social climate, to inspire an expansion of student speech and press rights that would support expressive activities seeking to change the public discourse around important issues. Students who can speak freely will be more willing to accept decisions that go against them, and a school environment in which passionate or …

From Downes To Dobbs: Why Stare Decisis Should Not Stop The Court From Overturning The Territorial Incorporation Doctrine, Gino Piccinini

Indiana Journal of Law and Social Equality

No abstract provided.