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Jody Madeira Elected to American Law Institute
Get PDFIndiana University Maurer School of Law Professor Jody Madeira has been elected to the American Law Institute (ALI), the nation’s leading independent organization producing scholarly work to clarify, modernize, and otherwise improve the law
Big Data, Big Gap: Working Towards a HIPAA Framework that Covers Big Data
Get PDFOne lasting impact of the Health Insurance Portability and Accountability Act (HIPAA) is the privacy protections it provides for our sensitive health information. In the era of Big Data, however, much of our health information exists outside the traditional doctor-patient dynamic. From wearable technology, to mobile applications, to social media and internet browsing, Big Data organizations collect swaths of data that shed light on sensitive health information. Big Data organizations largely fall outside of HIPAA’s current framework because of the stringent requirements for when the HIPAA protections apply, namely that the data must be held by a covered entity, and it must originate from a select few sources. Thus, the very same sensitive health information is covered by HIPAA when a physician obtains the information while outside of HIPAA’s purview when it is in the hands of Big Data organizations. Without HIPAA’s protections, Big Data organizations are free to exploit their consumers’ sensitive information without their consent and often without their knowledge.
This Note first explores the current HIPAA framework with a goal of identifying the gaps that allow Big Data to fall outside of its reach. This Note identifies two primary requirements that allow Big Data organizations to escape the privacy regulations but could, if amended, force these organizations possessing sensitive health information into compliance with HIPAA. Finally, this Note proposes an amended HIPAA framework to cover Big Data by borrowing solutions employed by the European Union and the state of Texas.
Bostock and Contact Theory: How Will a Single U.S. Supreme Court Decision Reduce Prejudice Against LGBTQ People?
Get PDFIn 1954, Gordon Allport, one of the nation’s leading social psychologists, laid out a hypothesis explaining how prejudice could be reduced by intergroup contact. Decades later, his hypothesis became a theory with thousands of research hours behind it. Under contact theory, one of the factors that facilitates a reduction in prejudice between two groups is support of authorities or law. This Comment focuses on Bostock v. Clayton County, a recent Supreme Court decision holding that Title VII prohibits discrimination based on sexual orientation. Allport suggested that antidiscrimination laws help to “lead and guide the folkways,” and this Comment explores how Bostock could do just that in the context of prejudice. Bostock will allow for more contact with LGBTQ people and, by sending a message that discrimination is not condoned, Bostock can eventually change how society views LGBTQ people. Under contact theory, Bostock’s antidiscrimination protections will establish antiprejudicial societal norms and, as a result, religious groups that show animosity toward nontraditional couples may eventually begin to accept them
“The Virus of Liberty”: John Perry Barlow, Internet Law, and Grateful Dead Studies
Get PDFIn 2019, the Duke Law and Technology Review published a special issue titled, The Past and Future of the Internet: A Symposium for John Perry Barlow. This essay examines the legal scholarship in the Barlow symposium and frames it in the interdisciplinary terms of Grateful Dead studies. Part I focuses on the two Barlow essays that formed the basis of the symposium. Part II connects issues raised by the Barlow symposium to Grateful Dead studies. The essay concludes that Barlow\u27s legacy should inspire others to engage both the cultural and political paths with “groundless hope,” because protecting the “inexplicable pleasures of information itself” from enclosure by private and public actors requires collective action
New Dean of Maurer signifies continued growth to IU community
Get PDFChristiana Ochoa was recently announced as the Dean of the Maurer School of Law. She is the first Latina dean of the law school. This announcement was celebrated by the Latinx student and staff community here at IU, as they expressed their support for her and look forward to the culture she’ll facilitate at the law school.
Ochoa pointed to the law school’s legacy being important and central to academic discussions and legal evolution as reason for her excitement to take this position. With its activities in providing top-notch advice to the bench and the bar, the law school occupies a prestigious place over which Ochoa presides.
“It is a huge honor,” Ochoa said. “I am very excited about this job, including the recognition that it is a huge responsibility not just to the school, but to our students and to the larger Latinx community out there who have been incredibly supportive and forthcoming with congratulations and enthusiasm.
Class of 2022, Indiana University Maurer School of Law
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Understanding the Nansen Passport: A System of Manipulation
Get PDFThe aftermath of World War I, the war to end all wars, left the world with as many new problems as it did resolutions. State powers tested and expanded the boundaries and interpretations of international law; in the end, there were the triumphant Allied Powers, the heavily wounded Central Powers, and millions of displaced individuals left adrift in the wake. Never before had the international community attempted to address the issue of refugees, and the product of the postwar efforts did not provide a complete solution. This paper will analyze the international community\u27s] response to the massive refugee crisis and ultimately demonstrate that the Nansen passport system alone was insufficient to fully address the problem.
Part I will explore the development of the Nansen passport system. Beginning with a brief overview of the existence or lack-of a formally regulated migratory process prior to the war, the paper will discuss the development of the Nansen passport system in the muddled mess of the postwar period. This will be followed by a description of the strengths and weaknesses of the Nansen passport system.
Part II will address a spectrum of factors that states considered when applying the passport system in response to the international refugee crisis. On one end of the spectrum exists the quantitative measures of simple numbers and hard politics. At the other end lies more qualitative factors like ethno-religious identity, whose defining feature is the lack of political definition. Because nothing is as simple as black and white, each extreme will be followed by an illustration of the murky middle—where qualitative factors interact with the quantitative. To illustrate this spectrum, the analysis will cover Russian political dissidents, the Christian Armenian population, and the Eastern European Jews.
Part III offers a brief glimpse beyond the spectrum of factors discussed above and instead looks to the response of nongovernmental organizations (NGOs). By doing so, the case examples will illustrate the limitations of the Nansen passport system\u27s design.
Part IV concludes, finding that the Nansen passport system was more prominently used as a tool for self-interested political maneuverings rather than humanitarian concern. Despite this characterization, the passport system was able to highlight the relevance of nonstate actors such as NGOs