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Indiana Law Journal

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Full-Text Articles in Law

Interfaith Marriage In Islam: An Examination Of The Legal Theory Behind The Traditional And Reformist Positions, Alex B. Leeman Apr 2009

Interfaith Marriage In Islam: An Examination Of The Legal Theory Behind The Traditional And Reformist Positions, Alex B. Leeman

Indiana Law Journal

No abstract provided.


Putting The Community Back In Community Benefit: Proposed State Tax Exemption Standard For Nonprofit Hospitals, Michele R. Goodman Apr 2009

Putting The Community Back In Community Benefit: Proposed State Tax Exemption Standard For Nonprofit Hospitals, Michele R. Goodman

Indiana Law Journal

No abstract provided.


Does The Constitutional Norm Of Separation Of Church And State Justify The Denial Of Tax Exemption To Churches That Engage In Partisan Political Speech, Johnny Rex Buckles Apr 2009

Does The Constitutional Norm Of Separation Of Church And State Justify The Denial Of Tax Exemption To Churches That Engage In Partisan Political Speech, Johnny Rex Buckles

Indiana Law Journal

No abstract provided.


The Central Intelligence Agency's "Family Jewels": Legal Then? Legal Now?, Daniel L. Pines Apr 2009

The Central Intelligence Agency's "Family Jewels": Legal Then? Legal Now?, Daniel L. Pines

Indiana Law Journal

Congress and the media recently have claimed that various activities of the Central Intelligence Agency (CIA)-from rendition operations, to the destruction of videotapes, to the maintenance of secret detention facilities overseas--are illegal. Critics levied similar charges against the CIA thirty-five years ago, with regard to activities contained in the "Family Jewels"--the 1973 compilation of the CIA's darkest secrets. The recent release of the Family Jewels provides the opportunity to try to put today's concerns in perspective. This Article evaluates the key activities conducted by the CIA as described in the Family Jewels-experimentation on unconsenting individuals, attempted targeted killings of foreign …


Rethinking Judicial Deference To Legislation Fact-Finding, Caitlin E. Borgmann Jan 2009

Rethinking Judicial Deference To Legislation Fact-Finding, Caitlin E. Borgmann

Indiana Law Journal

It is traditionally assumed that the role of ascertaining and evaluating the social facts underlying a statute belongs to the legislatures. The courts in turn are tasked with deciding the law and must defer to legislative fact-finding on relevant issues of social fact. This simplistic formula, however, does not accurately describe the courts' confused approach to legislative fact-finding. Although the courts often speak in terms of deference, they follow no consistent or predictable pattern in deciding whether to defer in a given case. Moreover, blanket judicial deference to legislative fact-finding would not be a wise general rule. Because social fact-finding …


The Failure Of Adversarial Process In The Administrative State, Bryan T. Camp Jan 2009

The Failure Of Adversarial Process In The Administrative State, Bryan T. Camp

Indiana Law Journal

No abstract provided.


No Boy Left Behind? Single-Sex Education And The Essentialist Myth Of Masculinity, David S. Cohen Jan 2009

No Boy Left Behind? Single-Sex Education And The Essentialist Myth Of Masculinity, David S. Cohen

Indiana Law Journal

No abstract provided.


Anti-Horse Slaughter Legislation: Bad For Horses, Bad For Society, Laura J. Durfee Jan 2009

Anti-Horse Slaughter Legislation: Bad For Horses, Bad For Society, Laura J. Durfee

Indiana Law Journal

No abstract provided.


Bottom-Up Or Top-Down? Removing The Privacy Law Obstacles To Healthcare Reform In The National Healthcare Crisis, John W. Hill, Arlen W. Langvardt, Jonathan E. Rinehart Jan 2009

Bottom-Up Or Top-Down? Removing The Privacy Law Obstacles To Healthcare Reform In The National Healthcare Crisis, John W. Hill, Arlen W. Langvardt, Jonathan E. Rinehart

Indiana Law Journal

Issues of healthcare availability and quality are among the most profound facing our nation. If a high-quality, accessible healthcare system of a truly national nature is to be devised, electronic connectivity—including increased use of electronic medical records and similar technological advances—must be a key feature. Yet such connectivity may give rise to patients’ concerns regarding the privacy of their medical information. Because such concerns demand respect, a challenge lies in balancing patients’ privacy interests against the important information-sharing interests underlying a national healthcare network. The Health Insurance Portability & Accountability Act (HIPPAA) is a key federal law that addresses many …


The Uses And Abuses Of Religion In Child Custody Cases: Parents Outside The Wall Of Separation, Joshua S. Press Jan 2009

The Uses And Abuses Of Religion In Child Custody Cases: Parents Outside The Wall Of Separation, Joshua S. Press

Indiana Law Journal

Religious custody disputes such as those at the Fundamentalist Church of Jesus Christ of Latter-Day Saints compound in April, 2008 are very complex and are finding their way into courts with increasing regularity. This Essay argues that in responding to these religious custody disputes, courts should abstain from either analyzing a parent’s religious practices for their perceived “risks of harm” to the child, or from applying a flat rule to ensure that the custodial parent’s religious preferences take primacy. Instead, courts should employ the actual or substantial harm standard—which would only bar a parent from fully practicing her religion if …


The Unabomber Revisited: Reexamining The Use Of Mental Disorder Diagnoses As Evidence Of The Mental Condition Of Criminal Defendants, Adam K. Magid Jan 2009

The Unabomber Revisited: Reexamining The Use Of Mental Disorder Diagnoses As Evidence Of The Mental Condition Of Criminal Defendants, Adam K. Magid

Indiana Law Journal

This Article revisits a longstanding debate concerning the appropriateness of diagnostic evidence in criminal cases in which a defendant’s mental condition is at issue. As illustrated through a case study of Theodore Kaczynski, more widely known as the “Unabomber,” a diagnosis of paranoid schizophrenia poses a risk of confounding a judge or jury attempting to ascertain an accurate picture of the mental state of a criminal defendant, specifically by (i) suggesting symptoms not actually present, (ii) creating a distorted picture of symptoms that are present, and (iii) suggesting organic, determinative factors as the mechanism behind a defendant’s actions, even where …


Midwestern Juvenile Drug Courts: Analysis & Recommendations, Nicole A. Kozdron Jan 2009

Midwestern Juvenile Drug Courts: Analysis & Recommendations, Nicole A. Kozdron

Indiana Law Journal

No abstract provided.


What About The Children? A Call For Regulation Of Assisted Reproductive Technology, Cahterine A. Clements Jan 2009

What About The Children? A Call For Regulation Of Assisted Reproductive Technology, Cahterine A. Clements

Indiana Law Journal

No abstract provided.


The Myth Of Home Ownership And Why Home Ownership Is Not Always A Good Thing, A. Mechele Dickerson Jan 2009

The Myth Of Home Ownership And Why Home Ownership Is Not Always A Good Thing, A. Mechele Dickerson

Indiana Law Journal

Home ownership is viewed as key to achieving the "American Dream " and is now an essential element of the American cultural norm of what it means to be a success. The metastasizing mortgage crisis suggests, however, that our home ownership policies are out-dated, misguided, and largely ignore the actual market realities many potential homeowners now face. After briefly describing the current home ownership crisis, this Article argues that the United States should radically revise and restrict home ownership subsidies. Rather than encouraging universal home ownership, the Article argues that the government should replace existing home ownership subsidies with targeted …


Copytraps, Ned Snow Jan 2009

Copytraps, Ned Snow

Indiana Law Journal

Congress has unintentionally evoked copytraps, which exact thousands of dollars from the Internet user who innocently buys music without knowing that it infringes copyright. Copytraps arise when Web sites lure innocent users into downloading expression that seems legal but is actually infringing. Regardless of whether the Web site appears legitimate, whether a user's good-faith belief is reasonable, or whether the Web site owner is unaware that the material is infringing, users who download infringing material face strict liability punishment, and the penalties are severe. It is entrapment, with the spoils from the innocent going to large corporate copyright holders. The …


Scientific Avoidance: Toward More Principled Judicial Review Of Legislative Science, Emily H. Meazell Jan 2009

Scientific Avoidance: Toward More Principled Judicial Review Of Legislative Science, Emily H. Meazell

Indiana Law Journal

Courts increasingly confront legislative enactments made in light of scientific uncertainty. Even so, the degree of deference appropriate to this type of judicial review is a moving target, seemingly determined on an ad hoc, unprincipled basis. On one hand, the decision of how to legislate in light of scientific uncertainty is quintessentially one of policy, suggesting that the highest degree of deference is appropriate. But certain classes of cases, and certain types of scientific questions, seem singularly inappropriate for extreme judicial deference. While significant scholarly attention has focused on the comparative institutional competence of courts and legislatures with respect to …


Foreword: Latinos And The Law Symposium, Richard Delgado, Jean Stefancic Oct 2008

Foreword: Latinos And The Law Symposium, Richard Delgado, Jean Stefancic

Indiana Law Journal

Symposium: Latinos and Latinas at the Epicenter of Contemporary Legal Discourses. Indiana University School of Law-Bloomington, March 2007.


"Latinas/Os" And The Politics Of Knowledge Production: Latcrit Scholarship And Academic Activism As Social Justice Action, Margaret E. Montoya, Francisco Valdes Oct 2008

"Latinas/Os" And The Politics Of Knowledge Production: Latcrit Scholarship And Academic Activism As Social Justice Action, Margaret E. Montoya, Francisco Valdes

Indiana Law Journal

Symposium: Latinos and Latinas at the Epicenter of Contemporary Legal Discourses. Indiana University School of Law-Bloomington, March 2007.


The Inter-American System Of Human Rights: Challenges For The Future, Claudio Grossman Oct 2008

The Inter-American System Of Human Rights: Challenges For The Future, Claudio Grossman

Indiana Law Journal

Symposium: Latinos and Latinas at the Epicenter of Contemporary Legal Discourses. Indiana University School of Law-Bloomington, March 2007.


"Go After The Women": Mothers Against Illegal Aliens' Campaign Against Mexican Immigrant Women And Their Children, Mary Romero Oct 2008

"Go After The Women": Mothers Against Illegal Aliens' Campaign Against Mexican Immigrant Women And Their Children, Mary Romero

Indiana Law Journal

Symposium: Latinos and Latinas at the Epicenter of Contemporary Legal Discourses. Indiana University School of Law-Bloomington, March 2007.


The "Trial Of The Century" That Never Was: Staff Sgt. Macario Garcia, The Congressional Medal Of Honor, And The Oasis Cafè, Michael A. Olivas Oct 2008

The "Trial Of The Century" That Never Was: Staff Sgt. Macario Garcia, The Congressional Medal Of Honor, And The Oasis Cafè, Michael A. Olivas

Indiana Law Journal

Symposium: Latinos and Latinas at the Epicenter of Contemporary Legal Discourses. Indiana University School of Law-Bloomington, March 2007.


The Gender Bend: Culture, Sex, And Sexuality- A Latcritical Human Rights Map Of Latina/O Border Crossings, Berta Esperanza Hernandez-Truyol Oct 2008

The Gender Bend: Culture, Sex, And Sexuality- A Latcritical Human Rights Map Of Latina/O Border Crossings, Berta Esperanza Hernandez-Truyol

Indiana Law Journal

Symposium: Latinos and Latinas at the Epicenter of Contemporary Legal Discourses. Indiana University School of Law-Bloomington, March 2007.


Privatizing Labor Law: Neutrality/Card Check Agreements And The Role Of The Arbitrator, Laura J. Cooper Oct 2008

Privatizing Labor Law: Neutrality/Card Check Agreements And The Role Of The Arbitrator, Laura J. Cooper

Indiana Law Journal

William R. Stewart Lecture given at Indiana University School of Law-Bloomington on November 13, 2007.


An Assessment Of Latcrit Theory Ten Years After, Keith Aoki, Kevin R. Johnson Oct 2008

An Assessment Of Latcrit Theory Ten Years After, Keith Aoki, Kevin R. Johnson

Indiana Law Journal

Symposium: Latinos and Latinas at the Epicenter of Contemporary Legal Discourses. Indiana University School of Law-Bloomington, March 2007.


Freeriders And Diversity In The Legal Academy: A New Dirty Dozen List?, Ediberto Roman, Christopher B. Carbot Oct 2008

Freeriders And Diversity In The Legal Academy: A New Dirty Dozen List?, Ediberto Roman, Christopher B. Carbot

Indiana Law Journal

Symposium: Latinos and Latinas at the Epicenter of Contemporary Legal Discourses. Indiana University School of Law-Bloomington, March 2007.


Only Skin Deep?: The Cost Of Partisan Politics On Minority Diversity Of The Federal Bench, Sylvia R. Lazos Vargas Oct 2008

Only Skin Deep?: The Cost Of Partisan Politics On Minority Diversity Of The Federal Bench, Sylvia R. Lazos Vargas

Indiana Law Journal

Symposium: Latinos and Latinas at the Epicenter of Contemporary Legal Discourses. Indiana University School of Law-Bloomington, March 2007.


Straight From The Mouth Of The Volcano: The Lowdown On Law, Language, And Latin@S, Ȧngel R. Oquendo Oct 2008

Straight From The Mouth Of The Volcano: The Lowdown On Law, Language, And Latin@S, Ȧngel R. Oquendo

Indiana Law Journal

Symposium: Latinos and Latinas at the Epicenter of Contemporary Legal Discourses. Indiana University School of Law-Bloomington, March 2007.


The Land That Democratic Theory Forgot, Luis Fuentes-Rohwer Oct 2008

The Land That Democratic Theory Forgot, Luis Fuentes-Rohwer

Indiana Law Journal

The island of Puerto Rico is officially designated as an unincorporated United States territory. Acquired by the United States in the aftermath of the Spanish- American war, the status of the island offers innumerable lessons and puzzles for students of the law of democracy and constitutional law. Begin with the fact that citizens ofPuerto Rico-U.S. citizens at birth-cannot vote in federal elections but are subject to the plenary powers of Congress. How do we justify this condition under American constitutional values and basic tenets of democratic theory? Looking to the moment of acquisition, how may we reconcile the acquisition of …


Against Individualized Consideration, Cristina M. Rodriguez Oct 2008

Against Individualized Consideration, Cristina M. Rodriguez

Indiana Law Journal

Symposium: Latinos and Latinas at the Epicenter of Contemporary Legal Discourses. Indiana University School of Law-Bloomington, March 2007.


Limiting The Federal Pardon Power, Kristen H. Fowler Oct 2008

Limiting The Federal Pardon Power, Kristen H. Fowler

Indiana Law Journal

No abstract provided.