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Polish Road Toward An Illiberal State: Methods And Resistance, Adam Bodnar
Polish Road Toward An Illiberal State: Methods And Resistance, Adam Bodnar
Indiana Law Journal
Since 2015, Poland has experienced a backsliding in democratic and rule of law standards. The ruling party, “Law and Justice,” has adopted a series of legislative changes affecting the independence of courts and checks and balances mechanisms. Some reforms were copied from Hungary, which, as the first Member State of the European Union, started the way toward illiberal democracy in contemporary Europe. Despite pressure from international organizations, the process of changes in Poland did not stop. However, it is important to look at methods implemented to dismantling democracy, as they can be used in other countries. This paper also analyzes …
What's The Harm? Federalism, The Separation Of Powers, And Standing In Data Breach Litigation, Grayson Wells
What's The Harm? Federalism, The Separation Of Powers, And Standing In Data Breach Litigation, Grayson Wells
Indiana Law Journal
This Comment will argue that the Supreme Court should analyze standing in data breach litigation under a standard that is deferential to state statutory and common law. Specifically, federal standing analysis should look to state law when determining whether an injury is concrete such that the injury-in-fact requirement is met. Some argue that allowing more data breach cases to proceed to the merits could lead to an explosion of successful litigation and settlements, burdening the federal courts and causing economic losses for the breached businesses. These concerns may be valid. But if state law provides a remedy to the harm …