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The Living Constitution: Why the Supreme Court Must Part Ways with Exclusionary Eminent Domain
Get PDFThe Fifth Amendment’s “public use” requirement for takings is no longer a requirement at all. Instead, the meaning of “public use” has been expanded far beyond its original intent and public understanding. The broadening of the “public use” requirement reached its breaking point in Kelo. Since Kelo, state legislatures have responded by restricting eminent domain use to remove “blighted” areas. In effect, contemporary eminent domain reduces the availability of affordable housing, which has exacerbated the affordable housing crisis. This Note explores a constitutionally permissible re-working of the eminent domain doctrine to encourage the provision of affordable housing. Interpreting the “public use” requirement through a living constitutional framework justifies heightened judicial review for blight removal takings and simultaneously justifies takings for the provision of affordable housing. With the post-Kelo legislative backlash shifting the doctrine into an exclusionary practice, an adjustment must be made to combat the affordable housing crisis. As this Note suggests, a reinterpretation of the “public use” requirement and accompanying doctrinal shift in the use of eminent domain is not only constitutional but better aligned with current public opinion and values
La fin du droit national a l\u27interruption volontaire de grossesse aux Etats-Unis: Quels enseignements pour l\u27Etude comparative des droits?
Get PDFFailure to Function: A Potential New Shield Against Trademark Infringement?
Get PDFThe United States Patent and Trademark Office (“USPTO”) has recently been characterized as having a “penchant” for refusing trademark registrations on the grounds of failure to function. This trend has come with commentary, both praising the doctrine’s ability to efficiently supplement the distinctiveness analysis by assessing use and criticizing the inconsistent application of the doctrine. The sources of this academic commentary, from Alexandra J. Roberts and Lucas D. Cuatrecasas, serve as the heads of two camps regarding the failure to function doctrine. The first encourages an increased application of the doctrine as a combined distinctiveness and use analysis. The second encourages the application of the doctrine separately from distinctiveness.
This article serves two purposes: (1) to explore how alleged trademark infringers may use and interpret the existing failure to function doctrine to defend themselves and (2) to propose a framework for the failure to function doctrine that both makes sense of existing guidance and seeks to further a policy objective. Part I provides a brief overview of the statutory basis of the failure to function doctrine. Part II explores the merits and shortcomings of the current failure to function doctrine. Part III examines how a defendant may raise the existing failure to function doctrine to ultimately argue no trademark infringement. Part III expands on how three existing doctrines can be used to argue that a mark fails to function. Part IV proposes a middle ground between the Roberts and Cuatrecasas camps in which the failure to function doctrine, as currently defined by the USPTO, can be applied to trademark litigation. This middle ground takes a hybrid empirical-normative approach that considers policy in light of existing USPTO guidance and caselaw
Big data and the future of belligerency: applying the rights to privacy and data protection to wartime artificial intelligence
No full textThe Research Handbook on Warfare and Artificial Intelligence provides a multi-disciplinary exploration of the urgent issues emerging from the increasing use of AI-supported technologies in military operations. Bringing together scholarship from leading experts in the fields of technology and security from across the globe, it sheds light on the wide spectrum of existing and prospective cases of AI in armed conflict.Providing critical perspectives on the future of AI and warfare, this Research Handbook advances important debates surrounding technology and its strategic and humanitarian implications. Contributing authors discuss topics including machine learning algorithms in decisions on the use of force, the definition and feasibility of ‘meaningful human control’, issues pertaining to data protection and privacy, and states’ positive obligations when deploying such systems. Ultimately, the book provides critical insights into one of the most contentious debates of our time and poses vital questions for the future of armed conflict.Tackling practical issues in a detailed and engaging manner, this Research Handbook is an indispensable resource for students and scholars of international law, political science, technology and security studies. Its examination of crucial legal, ethical and political issues pertaining to the topic will also make it an invaluable read for policymakers and researchers at NGOs and think tanks.
Includes the chapter, Big data and the future of belligerency: applying the rights to privacy and data protection to wartime artificial intelligence by Maurer Professor Asaf Lubin.https://www.repository.law.indiana.edu/facbooks/1340/thumbnail.jp
Defining Religion and Accommodating Religious Exercise
Get PDFIt is a volatile time in the jurisprudence of the First Amendment’s Religion Clauses. In recent terms, the U.S. Supreme Court has revisited many key Church-State and free exercise questions, and the Justices seem poised to revisit several more. Each of these fundamental questions presupposes an antecedent question: what, for constitutional purposes, is religion itself? The Court has never answered this question consistently or systematically. But, at least in the case of constitutionally mandated religious exemptions, a clear pattern emerges over time: the broader the Court’s definition of religion, the weaker its regime of religious exemptions. The reverse has also been true: when the Court has moved toward more robust accommodations, it has simultaneously narrowed its definition of religion. This Article traces this pattern across time in the United States, as well as in several foreign jurisdictions. The upshot is that, over time and across jurisdictions, the antecedent question of religion’s definition is inescapably linked to the substantive strength of protections for religious exercise. In a time of rapid doctrinal flux, courts and commentators alike should attend more consciously to this strong link
Maurer BLSA earns Midwest Chapter of the Year
Get PDFThe Black Law Students Association at the Indiana University Maurer School of Law has earned national recognition, taking home Medium Chapter of the Year honors at the 56th Midwest BLSA Regional Convention in early February.
The Midwest BLSA community includes dozens of chapters at law schools from Colorado to Ohio, including nearly all of the schools in the Big Ten conference.
“Our Black Law Students Association isn’t just one of the best in the Midwest, it’s one of the best in the country,” said Indiana Law Dean Christiana Ochoa. “Congratulations to Nashuba Hudson, the executive board, and all who have helped make this chapter such a strong organization.
Non-Compete Covenants
No full textAt the core of all societies and economies are human beings deploying their energies and talents in productive activities - that is, at work. The law governing human productive activity is a large part of what determines outcomes in terms of social justice, material wellbeing, and the sustainability of both. It is hardly surprising, therefore, that work is heavily regulated.This Handbook examines the \u27law of work\u27, a term that includes legislation setting employment standards, collective labour law, workplace discrimination law, the law regulating the contract of employment, and international labour law. It covers the regulation of relations between employer and employee, as well as labour unions, but also discussions on the contested boundaries and efforts to expand the scope of some laws regulating work beyond the traditional boundaries.Written by a team of experts in the field of labour law, the Handbook offers a comprehensive review and analysis, both theoretical and critical. It includes 60 chapters, divided into four parts. Part A establishes the fundamentals, including the historical development of the law of work, why it is needed, the conceptual building blocks, and the unsettled boundaries. Part B considers the core concerns of the law of work, including the contract of employment doctrines, main protections in employment legislation, the regulation of collective relations, discrimination, and human rights. Part C looks at the international and transnational dimension of the law of work. The final Part examines overarching themes, including discussion of recent developments such as gig work, online work, artificial intelligence at work, sustainable development, amongst others.
Includes the chapter, Non-Compete Covenants by Maurer Professor Kenneth Dau-Schmidt and Jozie M. Barton.https://www.repository.law.indiana.edu/facbooks/1341/thumbnail.jp
Silencing the Sex Worker
Get PDFThis Article argues that sex workers are silenced when they attempt to contribute to lawmaking processes. As a result, they are unable to contribute their knowledge in a meaningful way. The consequence is that laws reflect only one perspective of life in the sex trades: the prostitution abolitionist position that all sex work is inherently a form of violence against women. Without the ability to help shape this narrative, sex workers will continue to be silenced by the allegation that they are a danger to the feminist movement, courts will make harmful rulings, and legislatures will continue to enact laws that put sex workers in danger.
This Article makes several contributions. Firstly, it contributes to feminist philosophical literature by coining the Cycle of Epistemic Oppression as a tool to excavate silencing within the law. It then examines how this cycle operates in the context of sex work policy making. Finally, this examination demonstrates the wide applicability of the Cycle of Epistemic Oppression to diverse areas of law