Law Commons^™

Rethinking Juvenile Rehabilitation: Presumptive Waiver And Alternative Sentencing In Indiana, S. Reese Sobol Ii

Indiana Law Journal

Indiana’s juvenile justice system, like all systems of juvenile justice, is premised on rehabilitation. And while Indiana is far from an outdated, overly punitive system, there are several tangible opportunities for improvement. Indiana enacted an alternative sentencing scheme for juvenile offenders waived into adult court in 2013, but alternative sentencing has not been implemented in an effective manner yet. Furthermore, Indiana’s statutory system of waiver contains several aspects that are inconsistent with, or simply fail to account for, modern social science understandings.

This Comment seeks to expound upon relevant social science principles within the context of juvenile justice in order …

Indiana’S Texting-While-Driving Ban: Why Is It Not Working And How Could It Be Better?, Emma Gormley

Indiana Law Journal

This Note will identify and examine obstacles standing in the way of more effective enforcement of Indiana’s texting while driving ban and make recommendations on how to achieve greater success. Part I will take a closer look at what makes texting while driving so dangerous, situating it within the larger context of distracted driving. Part II will then focus on Indiana’s legislative response in particular, breaking down the texting-while-driving laws and discussing impediments to widespread and consistent enforcement. Part III explores alternative strategies for combating those impediments to enforcement, drawing from the approaches of other areas of law and extralegal …

I Did My Time: The Transformation Of Indiana’S Expungement Law, Joseph C. Dugan

Indiana Law Journal

This Note evaluates the transformation of Indiana’s expungement law. Part I addresses the socioeconomic impacts of a criminal record. Part II presents normative arguments both for and against expungement, concluding that the balance tips in favor of forgiveness. Parts III–IV discuss Indiana’s original expungement provisions, the 2013 statute, and the 2014 amendments. Part V explores the reaction to the new law. Finally, Part VI offers recommendations to improve the statute so that its second-chance promise is equitable, accessible, and robust.

Are Indiana’S Newly Expunged Convictions Still Available For Impeachment?, Graham Polando

Indiana Law Journal

During trial, a litigant can, of course, impeach a witness with certain criminal convictions. However, Indiana Evidence Rule 609(c), like its federal counterpart, prohibits parties from introducing such evidence when “the conviction has been the subject of a pardon, annulment, certificate of rehabilitation, or other equivalent procedure based on a finding that the person has been rehabilitated . . . .” Indiana, however, has no procedure for annulment or certificates of rehabilitation—and, until recently, had nothing resembling one.

To some fanfare, the General Assembly has recently enacted an expungement provision. As courts begin to grant these expungements, it is only …

Defining Fetal Life: An Establishment Clause Analysis Of Religiously Motivated Informed Consent Provisions, Justin R. Olson

Indiana Law Journal

No abstract provided.

Balancing The Scales: Reinstating Home Privacy Without Violence In Indiana, Tyler Anderson

Indiana Law Journal

No abstract provided.

“Oh, It Is You, Is It?”: Closing The Door On Reasonable Resistance To Unlawful Police Entry In Indiana, Jesse Drum

Indiana Law Journal

No abstract provided.

Section 1983 Wrongful Death And Survival Actions In The Seventh Circuit: An Indiana Litigant's Guide To Claims After Russ V. Watts, Michelle R. Gough

Indiana Law Journal

The availability of survival and wrongful death damages in 42 U.S.C. § 1983 cases is an area that involves both changing precedent and unaddressed issues within the Seventh Circuit. In both of the aforementioned types of claims, the cases will necessarily involve the tangled application of both state and federal law, and the Seventh Circuit and other federal courts of appeals have struggled to provide a clear, coherent approach to these issues. Indeed, there is strong disagreement among the circuits. Dean Steven H. Steinglass offered the most comprehensive discussion of the nature of both types of claims under § 1983 …

Heeding "The Best Of Prophets": Historical Perspective And Potential Reform Of Public Sector Collective Bargaining In Indiana, Todd C. Dvorak

Indiana Law Journal

No abstract provided.

Constitutional Challenges To Indiana's Third-Party Custody Statutes, Kristen H. Fowler

Indiana Law Journal

No abstract provided.

Simon Says: Time For A New Approach To Choice-Of-Law Questions In Indiana, Eric J. Mckeown

Indiana Law Journal

No abstract provided.

Hubbard V. Greeson: Indiana's Misapplication Of The Tort Sections Of The Restatement (Second) Of Conflict Of Laws, David A. Moore

Indiana Law Journal

No abstract provided.

A Right Without A Potent Remedy: Indiana's Bad Faith Insurance Doctrine Leaves Injured Third Parties Without Full Redress, Gregory A. Bullman

Indiana Law Journal

No abstract provided.

Indiana Choice-Of-Law Doctrine After Gollnick V. Gollnick, Peter T. Snow

Indiana Law Journal

No abstract provided.

Protecting Our Mentally Ill: A Critique Of The Role Of Indiana State Courts In Protecting Involuntarily Committed Mental Patients' Right To Refuse Medication, Michael Leonard Goff Jr.

Indiana Law Journal

No abstract provided.

Response To Gillian Lester And Stewart J. Schwab: An Indiana Perspective, William R. Groth

Indiana Law Journal

Symposium: New Rules for a New Game: Regulating Employment Relationships in the 21st Century, held at the Indiana University School of Law-Bloomington.

Students' Rights In Indiana: Wrongful Distribution Of Student Records And Potential Remedies, Sandra L. Macklin

Indiana Law Journal

No abstract provided.

Revisiting Indiana's Rule Of Evidence 404(B) And The Lannan Decision In Light Of Federal Rules Of Evidence 413-415, Ellen H. Meilaender

Indiana Law Journal

No abstract provided.

Taxation-Constitutionality Of Indiana Gross Income Tax Act

Indiana Law Journal

No abstract provided.

Collaborative Pedagogic Efforts On Behalf Of Children In Custody Disputes, Glenn Stone

Indiana Law Journal

Symposium: Law and the New American Family Held at Indiana University School of Law Apr. 4, 1997

Clinical Education And The "Best Interest" Representation Of Children In Custody Disputes: Challenges And Opportunities In Lawyering And Pedagogy, Francis Gall Hill

Indiana Law Journal

Symposium: Law and the New American Family Held at Indiana University Law School - Bloomington Apr. 4, 1997

Lawyers As Nonlawyers In Child-Custody And Visitation Cases: Questions From The "Legal Ethics" Perspective, Bruce A. Green

Indiana Law Journal

Symposium: Law and the New American Family Held at Indiana University School of Law Apr. 4, 1997

Voices Lost And Found: Training Ethical Lawyers For Children, William A. Kell

Indiana Law Journal

Symposium: Law and the New American Family Held at Indiana University School of Law Apr. 4, 1997

Civil Liberty And The Civil War: The Indianapolis Treason Trials, William Rehnquist

Indiana Law Journal

No abstract provided.

Not In My Backyard: A Critique Of Current Indiana Law On Land Use Moratoria, Thaddeus R. Ailes

Indiana Law Journal

No abstract provided.

Brother, Can You Spare A Dime: Tax Increment Financing In Indiana, Catherine Michael

Indiana Law Journal

No abstract provided.

Constitutional Analysis Of Indiana's Controlled Substance Excise Tax, F. Anthony Paganelli

Indiana Law Journal

No abstract provided.

The Indiana Environmental Policy Act: Casting A New Role For A Forgotten Statute, Jeffrey L. Carmichael

Indiana Law Journal

No abstract provided.

The Indiana Supreme Court's Emerging Free Speech Doctrine, Daniel O. Conkle

Indiana Law Journal

Free Speech and the Indiana Constitution: First Thoughts on Price v. State

Has The Indiana Constitution Found It's Epic?, Patrick Baude

Indiana Law Journal

Free Speech and the Indiana Constitution: First Thoughts on Price v. State