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A Newfound Power: How the Ohio Supreme Court Should Approach the Next Partisan Gerrymander
Get PDFPartisan gerrymandering is a practice as old as the nation itself and a problem both state and federal courts continue to struggle with. In 2015, the people of Ohio overwhelmingly voted to amend the state constitution to prevent overly partisan outcomes in state legislative redistricting. Following the 2021 redistricting cycle, the Ohio Supreme Court narrowly struck down several redistricting proposals in what devolved into a protracted fight with legislators and executive officials. This Note carefully lays out the development of redistricting jurisprudence, Ohio’s relevant constitutional provisions, and various state and federal judicial approaches to alleged gerrymanders. Using a combination of these judicial approaches, this Note makes two suggestions for how the Ohio Supreme Court can better adjudicate future partisan gerrymanders
Artificial Intelligence in Government: Risks and Challenges of Algorithmic Governance in the Administrative State
No full textThis article analyzes the legal implications of using artificial intelligence in government and how it is challenging the foundations of the administrative state. It begins by demonstrating that a new model of government is emerging, based on information and intelligence (i-Gov). To understand the nature and scope of this new i-Gov model, this article will explain what artificial intelligence really is and analyze the applications that are currently being carried out in the US and the EU. Next, it will review the regulatory framework that is emerging that regulates government use of artificial intelligence in both the US and the EU. Finally, the article concludes by identifying and analyzing the main legal and policy problems involved in the use of artificial intelligence in government. It challenges values, principles, and institutions of the traditional administrative state and also requires us to think of new frameworks for constitutional and administrative law to guarantee citizens’ rights and public interest
Indiana Law Faculty Member’s Book Honored with IPPY, Other Awards
Get PDFNearly a year to the day since it was published, a book from incoming Indiana University Maurer School of Law faculty member has earned an Independent Publisher Book Award (“IPPY.”)
Professor Valena Beety’s Manifesting Justice: Wrongly Convicted Women Reclaim Their Rights won the Gold Medal in Women’s Issues. Since 1997, the Independent Publisher Book Awards have been recognizing the best independently published books each year.
Released on May 30, 2022, Beety’s book has already won two other prestigious awards—the Montaigne Medal and the Sarton Nonfiction Award—this spring.
“Professor Beety is a tremendous teacher and scholar, and we’re proud to see her important work recognized with a number of awards this spring,” said Indiana Law Dean Christiana Ochoa
The Afterlife of Confederate Monuments
Get PDFAs communities increasingly remove Confederate monuments from public spaces, they must decide what to do with these troubled statues. Given the recent wave of monument removal, we consider how property law and other restrictions impact community decisions on the disposition of monuments removed from public spaces on two levels—by location and future owner. In considering the fate of removed monuments, we profile potential destinations including museums, battlefields, cemeteries, and even storage. Alongside these examples, we discuss how laws constrain (or fail to constrain) the options for new owners and the restrictions on where monuments can be relocated. Even where laws do not constrain their removal choices, communities may choose to relinquish ownership to a Confederate heritage organization (or to another governmental entity) to speed removal. While transferring ownership is initially appealing, surrendering ownership may not be the best long-term decision for a community. Communities can lose control over the display of transferred statues, which fails to address the root of the problem. Where possible, communities should retain ownership (and therefore control) of removed statues or consider how other property law tools, such as transfer agreements, can impose discipline on the new owners. Making considered decisions on both the future display and owner is critical to the overall removal movement and to ensure that the legacy of these troubled statutes is properly addressed
Period Poverty and Life Strains: Efforts Made to Erase Stigma and to Expand Access to Menstrual Hygiene Products
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Fair Warnings from OFAC’s Settlements with Cryptocurrency Service Providers: Compliance Should Include Lifetime-of-the-Relationship, In-Process Geolocational Checks
Get PDFIn 2022, the Office of Foreign Assets Control (OFAC) announced numerous settlements with cryptocurrency exchanges. These settlements serve as “fair warnings” to all cryptocurrency service providers who are “U.S. persons” or who offer services to U.S. persons. The term “U.S. persons” is defined in 31 C.F.R. §560.314 as “any United States citizen, permanent resident alien, entity organized under the laws of the United States or any jurisdiction within the United States (including foreign branches), or any person in the United States.”
This article focuses on these “fair warnings” as they have accumulated from prior settlements and from OFAC’s published guidance on compliance requirements that have been public for some time.
This article uses two late 2022 OFAC settlement announcements—with West-Coast-based Bittrex, Inc. and Payward, Inc. d/b/a Kraken—to make clear that OFAC was adhering to a previously announced requirement on providers of financial services. Specifically, OFAC requires more than verification of identity at onboarding and periodic checking of customers against OFAC’s Specially Designated Nationals (SDN) list. Additionally, providers should employ lifetime-of-the-transaction and in-process geolocation checking in their interdiction screening. Geolocation screening in lifetime-of-the-relationship and in-process transactions raised the stakes for providers to block or reject transactions that would violate the sanctions regimes OFAC enforces.
The last part of this article walks through other fair warnings provided by settlements agreed to since March 2015 or other public guidance. Before discussing the two late 2022 settlements or the fair warnings, it may help to have the foundation of the March 2015 settlement OFAC made with PayPal, Inc
Neurorights and New Charts of Digital Rights: A Dialogue Beyond the Limits of the Law
No full textIn this article, the authors address some of the most pressing issues that stem from the relationship between the technological advancements of the twenty-first century and legal regulation. The development of neurotechnology and artificial intelligence (AI), while offering considerable opportunities for the betterment of social life, also poses unprecedented risks. These challenges manifest in a wide variety of topics. Areas such as human rights treaties, antitrust law, property law, and labor law are affected by these developments. The risks associated with the unregulated use of neurotechnology and AI do not cease at the sectorial stage. Some of the values upon which current democratic systems and governance models are built could be equally threatened. In anticipation of the harming potential of unmitigated technological advances, some governments and international institutions have enacted legal provisions to regulate the current digital landscape. These normative instruments, including the Chilean Constitutional Amendment and European Charts of Digital Rights, are also analyzed in the following pages. The purpose of this article is not purely descriptive, but rather to spark a debate among legal scholars and experts in their respective fields. The approach followed here, dialogical in its nature, may provide a model for further collaboration. It is the authors’ understanding that the regulation of neurotechnology and AI requires an interdisciplinary approach that is transnational in its scope