{"title":"Sovereign Immunity in Indiana: A Proposal to Protect Whistleblowers Against the State Through Legislative Action","authors":"D. Warner","doi":"10.18060/26850","DOIUrl":"https://doi.org/10.18060/26850","url":null,"abstract":"","PeriodicalId":81517,"journal":{"name":"Indiana law review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44914992","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Religious Liberty, Racial Justice, and Discriminatory Impact: Why the Equal Protection Clause Should be Applied at Least as Strictly as the Free Exercise Clause","authors":"René Reyes","doi":"10.18060/26846","DOIUrl":"https://doi.org/10.18060/26846","url":null,"abstract":"This Article offers a critical comparative analysis of the Supreme Court’s jurisprudence under the Free Exercise Clause and the Equal Protection Clause. In a number of recent cases, the Court has shown increasing solicitude for the rights of religious objectors and has upheld claims for exemptions from various laws—even in the absence of an intent by the government to discriminate against religion. This stands in stark contrast to the Court’s approach in cases involving claims of racial discrimination. Despite the harsh light that the COVID-19 pandemic, the Black Lives Matter movement, and other events have cast on the systemic inequalities that persist throughout American society, the Court has remained staunchly unmoved by the law’s disparate impacts on BIPOC communities and has insisted that claimants prove a discriminatory purpose in order to prevail. As a result, religious groups have greater rights to engage in some forms of discrimination than racialized minorities do to combat the effects of discrimination. This doctrinal dichotomy is untenable. As a matter of constitutional history, text, and structure, racial equality is an equal if not dominant value relative to religious liberty. Any move to strengthen the Free Exercise Clause by recognizing disparate impact liability for religious objectors must therefore be accompanied by a corresponding move to recognize such liability for BIPOC individuals under the Equal Protection Clause.","PeriodicalId":81517,"journal":{"name":"Indiana law review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49507887","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"On the Death of Diversity Jurisdiction: An Empirical Study Establishing That Diversity Jurisdiction Is No Longer Justified","authors":"S. Devito","doi":"10.18060/26845","DOIUrl":"https://doi.org/10.18060/26845","url":null,"abstract":"American federal diversity jurisdiction was created in response to the concern that out-of-state litigants would suffer bias in state court due to their out-of-state status (“geographic bias”). As attested in the record from the state ratification conventions, in the legislative history of diversity jurisdiction, and in seventeen U.S. Supreme Court opinions (the most recent in 2021), the creation of an impartial tribunal to mitigate geographic bias was and is the central rationale for federal diversity jurisdiction. Even though geographic bias is the rationale for diversity jurisdiction, no (prior) empirical studies have established whether geographic bias remains a problem in the American civil justice system. This Article provides the results of an empirical study of objective data, representing over one million cases across thirty years, demonstrating that geographic bias is no longer an issue in the civil justice system. Given that this result eliminates the very reason for the existence of federal diversity jurisdiction, the outcome provides a strong basis for Congressto either modify or abolish diversity jurisdiction.","PeriodicalId":81517,"journal":{"name":"Indiana law review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43673637","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"A Case for the Extension of the De Facto Officer Doctrine","authors":"Sloan Schafer","doi":"10.18060/26849","DOIUrl":"https://doi.org/10.18060/26849","url":null,"abstract":"","PeriodicalId":81517,"journal":{"name":"Indiana law review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44555429","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Race Is On: Should Indiana Join the Legislative Race as States, Congress. and the NCAA Compete to Pass Name, Image, and Likeness Laws?","authors":"R. Denton","doi":"10.18060/26848","DOIUrl":"https://doi.org/10.18060/26848","url":null,"abstract":"","PeriodicalId":81517,"journal":{"name":"Indiana law review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46660251","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Technology and Process: How Changing Rules and Technology Will Impact the Legal Profession, the Justice of Due Process Protections, and How We Judge Competence","authors":"Cale J. Bradford, Michael Brian Coppinger, Jr.","doi":"10.18060/26844","DOIUrl":"https://doi.org/10.18060/26844","url":null,"abstract":"","PeriodicalId":81517,"journal":{"name":"Indiana law review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43686156","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Fundamental Law, Fundamental Rights, and Constitutional Time","authors":"Dave McNamee","doi":"10.18060/26847","DOIUrl":"https://doi.org/10.18060/26847","url":null,"abstract":"This Article lays the groundwork for a novel theory giving citizens pride of place in constitutional interpretation—as voters and jurors, deliberators and disobedients, and more. My account adopts different answers to two basic questions that divide it from other prevailing theories: first, that citizens, rather than judges, shoulder primary responsibility for interpreting principles of fundamental law; and second, that fidelity to their Constitution requires, above all, keeping faith with their fellow citizens across constitutional time. This approach conceives of the Citizens’ Constitution as an enduring social contract. In setting the stage for this account, I advance several related claims that carry independent weight as theoretical contributions. First, the Citizens’ Constitution as Fundamental Law is a distinct and vitally important domain of constitutional principles, which are accessible and justifiable to citizens’ common reason, and which ground their pervasive disagreements. Second, propositions of fundamental law can be understood in another register—as propositions about constitutional time, relating the constitutional present to its past and future. Third, these propositions about constitutional time are moral arguments of a certain kind: arguments about constitutional justice, about what we share as citizens andparticipants in an enduring enterprise and what makes the Constitution worthy of our allegiance. Finally, together these claims point the way to a recognitional account of fundamental rights that deepens their connection to constitutional justice, even as it generates a measure of commonality across pitched value disagreements.","PeriodicalId":81517,"journal":{"name":"Indiana law review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43791130","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Indiana's Probable-Impact Test for Reversible Error","authors":"Edward W. Najam, Jr., Jonathan B. Warner","doi":"10.18060/26416","DOIUrl":"https://doi.org/10.18060/26416","url":null,"abstract":"This Article addresses the operation and effect of the reversible-error doctrine under the Indiana Rules of Appellate Procedure when applied to the review of non-constitutional trial court errors. In particular, this Article reviews the history of Indiana’s standards for reversible error under the Indiana Rules of Appellate Procedure and demonstrates that the Indiana Supreme Court adopted the probable-impact test to enable the court on appeal to assess whether it can say with confidence that the error more likely than not affected the outcome of the trial court proceeding. Specifically, this Article reviews the history leading up to the adoption of Indiana Appellate Rule 66(A), the text of that Rule, how the Indiana Supreme Court applied the probable-impact test in the seven yearsfollowing the court’s adoption of the Rule, and how later opinions from the court have clarified the probable-impact test. However, some variance in the application of the probable-impact test has both persisted and re-emerged, and this Article identifies those deviations in the case law. This Article then concludes with advice for practitioners to tailor their arguments around the probable-impact test.","PeriodicalId":81517,"journal":{"name":"Indiana law review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47710741","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Redefining Justice for Emerging Adults: Emerging Adult Courts Promise a Cost-Effective Means to Rehabilitate Offenders Who Commit Crimes Prior to Their 25th Birthdays","authors":"Leanna Weissmann","doi":"10.18060/26417","DOIUrl":"https://doi.org/10.18060/26417","url":null,"abstract":"","PeriodicalId":81517,"journal":{"name":"Indiana law review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46830754","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"One Strike and You Are Out: Why Indiana Should Enact Legislation to Prevent the Rehiring of Sexual Abusers in Government Positions","authors":"J. Shaulis","doi":"10.18060/26435","DOIUrl":"https://doi.org/10.18060/26435","url":null,"abstract":"","PeriodicalId":81517,"journal":{"name":"Indiana law review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41613415","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}