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The Future of Roe and the Gender Pay Gap: An Empirical Assessment
Get PDFIn Dobbs v. Jackson Women’s Health Organization, the Supreme Court upheld a Mississippi law that prohibits nearly all abortions after the fifteenth week of pregnancy and overruled the holding in Roe v. Wade. Among the many arguments raised in Dobbs in an attempt to overturn Roe, the State of Mississippi argued that due to “the march of progress” in women’s role in society, abortion rights are no longer necessary for women to participate equally in economic life. It has also been argued that there is no empirical support to the relationship between abortion rights and women’s economic success in society. This Article will empirically examine both of these arguments, and it provides compelling evidence to reject each of them. To do so, we adopt a novel methodology that utilizes the enforcement of Targeted Regulation of Abortion Providers (TRAP) laws as proxies for abortion restrictions. We study the effects of over forty years of legislation on the participation of American women in the labor market. Our findings suggest that the introduction of TRAP laws has widened the gender pay gap between women of childbearing age and the rest of the population. Our analysis offers two potential explanations regarding the mechanisms based on which TRAP laws widen this gap: they push women out of the labor force and into choosing lower-paying jobs. Ultimately, these findings foreshadow the future landscape of gender inequality in the United States in the post-Roe era
In the Best Interests of Whom?: An Analysis of Judicial Bias in Custody Disputes Involving Transgender Children
Get PDFAnti-transgender discrimination and bias loom large in many areas of our society, but perhaps one of the most concerning settings is within the four walls of a courtroom. Evidence suggests that judicial decision making in custody determinations involving transgender children are influenced by anti-transgender bias. In this Note, I examine the current best practice for treating transgender children, the affirmative model, and explore the legal landscape of custody cases involving parents who disagree on how to treat their transgender child. I then suggest a model of comprehensive judicial education reform to help eliminate antitransgender bias from family courts in the United States
Indiana Trial Evidence Manual (2023 Edition)
No full textIndiana Trial Evidence Manual is an easy-to-use manual that assists you at any stage of civil or criminal trial research. It fully covers the Indiana Evidence Rules, as well as the latest cases and statutes. It has sample forms to aid the user to phrase objections properly, and support objections with easily-accessible case law and rules of evidence. This single volume contains everything that one might need at trial but is small enough to fit in a briefcase and concise enough that a trial lawyer can find relevant sections quickly.https://www.repository.law.indiana.edu/facbooks/1336/thumbnail.jp
Center for Constitutional Democracy welcomes two new board members
Get PDFBeginning on July 1, the Center for Constitutional Democracy will be welcoming two new members to its Advisory Board: former Indiana Attorney General Greg Zoeller ’82 and former CCD Senior Managing Affiliate Brady Harman ’15
Judicial Ethics and Identity
Get PDFThis Article seeks to untangle a cluster of controversies and conundrums at the epicenter of the judiciary’s role in American government, where a judge’s identity as a person and role as a judge intersect. Part I synthesizes the traditional ethics schema, which proceeds from the premise that good judges decide cases on the basis of facts and law, unsullied by the extralegal influences of identity that make judges who they are as human beings. Part II discusses the empirical evidence, and the extent to which identity influences judicial decision- making in ways that contradict tenets of the traditional schema. Part III summa-rizes the state of judicial politics, wherein judges are called to task for depart-ing from the traditional script and accepting the empirical evidence, which creates a three-way collision between the traditional model, the empirical evi-dence, and political reality. Finally, Part IV develops a framework for evaluat-ing the relationship between judicial ethics and identity through which codes of judicial conduct can be deployed to mediate the perpetual and constructive ten-sion between the salutary, tolerable, and unacceptable influences of identity on judicial conduct. Relying on a roadway metaphor, I argue that judicial ethics, properly understood, averts collisions between the traditional model, the empirical evidence, and political reality, by replacing an unrestricted intersection with a cloverleaf that channels the proper and improper influences of identity. Armed with this new framework, the Article illustrates the framework’s application with reference to recent controversies, to the end of showing how it helps to resolve easy problems, elucidate hard ones, and isolate unavoidable pressure points that remain
On Warrants & Waiting: Electronic Warrants & The Fourth Amendment
Get PDFPolice use of electronic warrant (“e-warrant”) technology has increased significantly in recent years. E-warrant technology allows law enforcement to submit, and magistrate judges to review and approve, warrant applications on computers, smartphones, and tablets, often without any direct communication. Police officers report that they favor e-warrants over their traditional, paper counterparts because they save officers a significant amount of time in applying for warrants by eliminating the need to appear in-person before a magistrate. Legal scholars have almost uniformly praised e-warrant technology as well, arguing that use of these systems will increase the number of warrants issued throughout the United States and decrease police reliance on warrant exceptions, a seemingly ideal outcome given the strong constitutional preference for warrants. However, nearly all of this favorable commentary is premised on the assumptions that (1) convenience is a worthy goal of the criminal justice system, and (2) more warrants necessarily mean better police work and greater fidelity to the Fourth Amendment, assumptions that quickly wither under careful scrutiny. Indeed, research shows that the inconvenience of the traditional warrant system incentivizes careful police work and disincentivizes the submission of constitutionally dubious warrant applications. Ewarrants, however, by prioritizing convenience, upend this system and increase the likelihood that police will submit deficient warrant applications and that magistrates will not carefully review them. Worse, the Fourth Amendment jurisprudence that has arisen around warrants over the last fifty years makes it extremely unlikely that, once issued, these hastily issued e-warrants will be deemed invalid or any resulting evidence suppressed. In short, e-warrants amplify all of the existing problems with the warrant system and exacerbate the imbalance of power between police and citizens. Jurisdictions should sharply curtail police use of e-warrant technology by imposing new restrictions on how and when e-warrant systems can be used, and by creating real-time conversation and transparency requirements in situations in which e-warrants are deemed preferable over their traditional counterparts
Power and Pay Secrecy
Get PDFThe legal momentum toward pay transparency is widespread and fast-moving. Since 2010, over a dozen states have passed laws prohibiting employers from telling workers they may not talk about wages. Proponents see these and related transparency laws as crucial steps to combat sex- and race-based pay discrimination in the workplace. But do state anti-secrecy laws actually reduce pay secrecy in the first place? That basic question remains largely unexplored. This Article fills the gap through a unique national survey that includes information about pay discussion rules and a range of other relevant employer and employee characteristics across the fifty states.
We find that just under half of all workers in states that have prohibited pay secrecy rules still confront one at work. Surprisingly, this is only slightly less than the fraction of workers who are subject to pay secrecy rules in states without a law against them. Moreover, employers seem to react to state laws not by removing the expectation that workers should remain silent but by making their pay secrecy rules more informal—though no less illegal. Our analyses also show that state variations in the types and severities of employer penalties for violating the law have little overall impact on the prevalence or formality of pay secrecy rules, with the notable exception of California and its especially comprehensive remedies. But even in California, four in ten workers remain subject to an illegal pay secrecy policy.
Though employment law enforcement is notoriously poor, pay secrecy rules seem uniquely durable—and state pay secrecy bans uniquely futile. In considering why, we document the old and new arguments used to understand secrecy’s persistence. But even in combination these factors are not adequately explanatory. We contend instead that the dominant driver is employer power, in two forms. The first, coercive power, is widely documented and understood. The second, known as legitimating power, is not. We find strong evidence for this latter form and suggest it is the key to explaining the pervasiveness of illegal pay secrecy rules. The insight helps critique the newest efforts to legislate transparency, like mandated pay ranges in job postings. Most importantly, a legitimate power lens clarifies the best paths toward nationwide pay transparency in the future
Michael Uslan to Address the Class of 2023
Get PDFFilm producer, teacher, and writer Michael Uslan ’76 will serve as the Indiana University Maurer School of Law’s graduation speaker this May, the school announced today (Feb. 16). Holder of three degrees from Indiana University, Uslan is credited with helping to make the Batman franchise one of the most successful film projects of all time. He has served as executive producer on each one of the films, ranging from 1989’s Batman to the conclusion of Christopher Nolan’s trilogy. He served as executive producer on the award-winning Joker in 2019 and his latest project, Joker: Folie à Deux, is currently in production with Joaquin Phoenix and Lady Gaga
A Landmark Environmental Law Looks Ahead
Get PDFIn late December 1973, the United States enacted what some would come to call “the pitbull of environmental laws.” In the 50 years since, the formidable regulatory teeth of the Endangered Species Act (ESA) have been credited with considerable successes, obliging agencies to draw upon the best available science to protect species and habitats. Yet human pressures continue to push the planet toward extinctions on a massive scale. With that prospect looming, and with scientific understanding ever changing, Science invited experts to discuss how the ESA has evolved and what its future might hold