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Full-Text Articles in Law

Constitutionally Unaccountable: Privatized Immigration Detention, Danielle C. Jefferis Jan 2020

Constitutionally Unaccountable: Privatized Immigration Detention, Danielle C. Jefferis

Indiana Law Journal

For-profit, civil immigration detention is one of this nation’s fastest growing industries. About two-thirds of the more than 50,000 people in the civil custody of federal immigration authorities find themselves at one point or another in a private, corporate-run prison that contracts with the federal government. Conditions of confinement in many of these facilities are dismal. Detainees have suffered from untreated medical conditions and endured months, in some cases years, of detention in environments that are unsafe and, at times, violent. Some have died. Yet, the spaces are largely unregulated. This Article exposes and examines the absence of a constitutional …


Increasing Transparency In The Us Tax Court, Leandra Lederman Jan 2018

Increasing Transparency In The Us Tax Court, Leandra Lederman

Articles by Maurer Faculty

Transparency is a widely accepted judicial norm because it increases accountability. Access to U.S. Tax Court documents has long differed from access to the documents of other courts. For example, the Tax Court does not participate in PACER (Public Access to Court Electronic Records). This essay discusses some of the ways in which access to Tax Court documents has been restricted; areas in which the Tax Court has increased transparency over the years; upcoming changes; and where increased transparency is still needed, such as with respect to case statistics.


When The Bough Breaks: The U.S. Tax Court's Branch Difficulties, Leandra Lederman Jan 2015

When The Bough Breaks: The U.S. Tax Court's Branch Difficulties, Leandra Lederman

Articles by Maurer Faculty

This essay highlights the confusion over which of the three branches of government (if any) is home to the U.S. Tax Court, which hears over 95% of litigated federal tax cases. This uncertainty recently resulted in a separation of powers challenge to the Tax Court. There is a pressing need for the Tax Court’s status to be resolved, to decrease its insularity and increase transparency and accountability.


"We The People," Constitutional Accountability, And Outsourcing Government, Kimberly N. Brown Oct 2013

"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 …


A Framework For Understanding Accountability Of International Ngos And Global Good Governance, Michael Szporluk Jan 2009

A Framework For Understanding Accountability Of International Ngos And Global Good Governance, Michael Szporluk

Indiana Journal of Global Legal Studies

International non-governmental organizations (INGOs) promote good governance through global advocacy and through relief and development work. This article focuses on the latter role. While there are legitimate criticisms of INGOs' lack of accountability, this article argues that a review of the different stakeholders in the relief and development sector and their relationships with one another reveals valuable information about what accountability means and to whom stakeholders should be accountable. The article posits that INGOs should be accountable, above all, to the communities where they are implementing projects. Finally, the article points to many efforts being undertaken by INGOs to improve …


Tax Appeal: A Proposal To Make The United States Tax Court More Judicial, Leandra Lederman Jan 2008

Tax Appeal: A Proposal To Make The United States Tax Court More Judicial, Leandra Lederman

Articles by Maurer Faculty

Accountability is a critically important protection for any justice system; its absence provides an opportunity for shortcuts that may undermine procedural fairness or even change case outcomes. Yet, the United States Tax Court, which is an Article I court, is not subject to Administrative Office of U.S. Courts or the U.S. Judicial Conference - institutions that serve and oversee the federal judiciary. In addition, because the Tax Court is not an administrative agency, it is not covered by the Administrative Procedure Act or the Freedom of Information Act. The principal source of oversight of Tax Court actions is appellate review. …


The Accountability Of Government Networks, Anne-Marie Slaughter Apr 2001

The Accountability Of Government Networks, Anne-Marie Slaughter

Indiana Journal of Global Legal Studies

No abstract provided.


Introduction: Globalization, Accountability, And The Future Of Administrative Law Symposium, Alfred C. Aman Apr 2001

Introduction: Globalization, Accountability, And The Future Of Administrative Law Symposium, Alfred C. Aman

Indiana Journal of Global Legal Studies

No abstract provided.