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Full-Text Articles in Law

The Social Value Of Academic Freedom Defended, J. Peter Byrne Dec 2015

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 Dec 2015

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 Dec 2015

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 Oct 2015

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 Apr 2015

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 …


Citizens Disunited: Mccutcheon V. Federal Election Commission, Adam Lamparello Jan 2015

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 Rising None: Marsh, Galloway, And The End Of Legislative Prayer, Nicholas C. Roberts Jan 2015

The Rising None: Marsh, Galloway, And The End Of Legislative Prayer, Nicholas C. Roberts

Indiana Law Journal

No abstract provided.