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The Oslo Accords: A Modern-Day Story of Occupation Told Through Violations of the Right to Freedom of Privacy
Get PDFThe Israeli-Palestinian conflict began in the early 1900s when the disputed land, what is now the West Bank and the Gaza Strip, fell under British rule. After the Six- Day War in 1967, Israel took control of the West Bank, Golan Heights, and the Gaza Strip. Since then, tensions between Israel and Palestine have continued to grow. This Note explores a modern-day occupation question: Israel’s control over Palestine’s information and communication technology (ICT) sector. Along with privacy and human rights violations, Israel’s control is in direct violation of the Oslo Accords— guaranteeing Palestinians limited self-governance in Gaza and the West Bank. Since the current legislative structure and international efforts do not provide adequate support, this Note suggests several recommendations to promote Palestine’s ICT sector: clarified legislation, support from international actors, increased social media presence, and steps to take at the local level
Pipeline programs at IU Maurer School of Law
Get PDFIn this guest column, Indiana Lawyer invited us to discuss some of the initiatives occurring at the Indiana University Maurer School of Law that help recruit talented and diverse students. Terrance Stroud, ‘03, a dedicated alumnus who has played a key role in helping establish several diversity pipeline programs for the law school, joins me in this column
The Leader of the Free World as the Leader of Mass Detention: Responsive, Short-Term Policies to Ameliorate the Intersecting Crises of COVID-19 and Mass Detention Within the United States
Get PDFThe Brcko Arbitration: A Blueprint for Ending Current and Future Ethnic Territorial Conflicts
Get PDFWithin the fields of conflict resolution, political science, and history, I am researching the effectiveness of mediating an end to current and future ethnic, territorial conflicts through international law specifically an international arbitration process. I am using the Brcko Arbitration, completed as part of the Dayton Peace Accords, as a case study of the effectiveness of international arbitration in peace building. After three years of war in Bosnia and Herzegovina from 1992-1995, Brcko was a multiethnic and multireligious city and was a cultural dividing line between the two ethnically autonomous regions of Bosnia and Herzegovina. Its options were to join either the Federation of Bosnia and Herzegovina, which had a primarily Bosnian-Muslim and Croatian- Catholic population, or the Republika Srpska, the Christian Orthodox Serbian area of Bosnia and Herzegovina. This paper will analyze the international arbitral process at Brcko and evaluate the three main factors that make this arbitration worthy of continued use in ongoing and future ethnic, territorial conflicts globally
The Saudi Judge\u27s Discretion in Liquidated Damage Clauses: An Applied Analytical Study in Light of Islamic Sharia Law
Get PDFThis dissertation studies the treatment by Saudi judges under Islamic Sharia law of liquidated damages clauses in contracts, a critical part of modern commercial transactions.
After introducing the basic and secondary sources of Islamic law and discussing the current treatment of the liquidated damages clause by Saudi judges according to general Islamic rules and the four jurisprudence schools, this dissertation demonstrates that Saudi judges have broad discretion in applying jurisprudence rules, particularly Hanbali jurisprudence, the applicable jurisprudence in the Saudi courts.
Numerous interpretations of the same jurisprudential rule exist, resulting in multiple judicial rulings for the same jurisprudential rule. Among factors affecting the judicial rulings are the impact of the judge’s cultural and social background, the judge’s tendency not to rule on moral compensation, and his strictness in scrutinizing and recognizing the evidence of damages when ruling on compensation in general and in cases of the liquidated damages clause in particular, and the scarcity of ruling compensation for future damages along with the role that the Saudi judge plays in selecting applicable legal rules.
This dissertation presents a survey and field study of Saudi judges’ positions on the liquidated damages clause and contains it in contracts. The survey indicates that the Saudi judge has broad discretion when considering the liquidated damages clause. There are differences among the judges with regard to the liquidated damages clause depending on the type of contract included in it. The Saudi judge applies the theoretical aspects of legal texts and jurisprudence rules to the facts and practical issues related to the liquidated damages clause influenced by fatwa.
In response, this dissertation considers several possible solutions. These include codifying jurisprudence provisions; notating judicial rulings; and requiring Saudi judges to apply them, particularly in cases of the liquidated damages clause; issuing judicial journals and notations to increase transparency; and documenting contracts that include the liquidated damages clause to make them binding without the need for a court ruling.
Finally, the dissertation propose recommendations that, if endorsed by the Kingdom’s judicial authorities, will help limit the judge’s discretionary authority and facilitate judgment in estimating the liquidated damages clause as agreed upon by the contracting parties. These include codifying the provisions of Islamic jurisprudence in the form of sequenced, arranged legal articles and provisions related to contracts and the conditions they contain, including the liquidated damages clause. The importance of establishing judicial principles or a legislative code becomes apparent in terms of the main mechanism for how a judge exercises his discretion when dealing with a vague legal text or rule that requires interpretation or contradicts another rule or principle. It is important to emphasize parties’ responsibilities to state the functionality of the liquidated damages clause in the contract, to continue the notation of judicial rulings and publishing, and expand notarized contracts that include the liquidated damages clause as an executive document to limit the discretionary authority of judges when considering what the parties have agreed upon
Elmore Entrepreneurship Law Clinic Connects to IU Ventures, Strengthens Reach in Venture Capital
Get PDFThe Indiana University Maurer School of Law’s Elmore Entrepreneurship Law Clinic has strengthened its connection with a university affiliate designed to help students, faculty, staff, and alumni advance startups and new companies.
Professor Mark E. Need, director of the Elmore Entrepreneurship Law Clinic, has been appointed a Venture Legal Analyst-in-Residence with IU Ventures. Through the Executive in Residence Program, which IU Ventures launched last year, experts in a variety of startup areas help accelerate the development of new ventures by sharing insights and real-world experience with the founders and leaders of companies in the IU Ventures portfolio. They also work directly with IU Ventures staff in evaluating new investment opportunities
Using the Internal Revenue Code to Limit Coaching Salaries: A Proposal to Bring Amateurism Back into College Football
Get PDFSince formal collegiate athletic competitions began in 1852, they have gained popularity and become a mainstay in American culture. This rise in popularity coupled with increased media coverage allowed college athletics, and particularly college football, to grow into a successful business that generates billions of dollars in revenue each year. Colleges and institutions earn this athletic revenue as tax-free income due to their tax-exempt status under the Internal Revenue Code § 501(c)(3) tax-exemption statute. The basic policy underlying this statute is as follows: colleges and universities provide an important benefit to the public by providing education, and in exchange for that provided benefit, the IRS does not tax educationally related income. Currently, income generated by college athletics is educationally related and thus is earned under the tax-exempt status of the university.
Because of the NCAA’s current amateurism requirement, colleges cannot use any of that revenue to pay student-athletes, and instead, most of the income generated by college athletics is paid to college coaches or invested in athletic facilities. This has created an “arms race” in which schools compete for athletic talent by hiring the best coaches and building the nicest athletic facilities. This “arms race” has caused coaching salaries to rise exponentially. The salaries coaches currently make are out of line with salaries paid to any other academic personnel employed by a university. This Note argues that this disparity should be regulated by the Internal Revenue Code. Congress should pass a new section of the Code that requires universities and colleges to limit head coaching salaries to an amount more in line with the salary amounts paid to other, similar university personnel if those schools want to retain their tax-exempt status
RoboCourt: How Artificial Intelligence Can Help Pro Se Litigants and Create a “Fairer” Judiciary
Get PDFGirls, Assaulted
Get PDFGirls who are incarcerated share a common trait: They have often experienced multiple forms of sexual assault, at the hands of those close to them and at the hands of the state. The #MeToo movement has exposed how powerful people and institutions have facilitated pervasive sexual violence. However, there has been little attention paid to the ways that incarceration perpetuates sexual exploitation. This Article focuses on incarcerated girls and argues that the state routinely sexually assaults girls by mandating invasive, nonconsensual searches. Unwanted touching and display of private parts are common features of life before and after incarceration—from the sexual abuse many incarcerated girls experienced at home to the nonconsensual touching of their bodies they all experience when they enter detention facilities. Mandating invasive searches is a particularly gendered form of traumatization that is especially troubling given Black and Indigenous girls’ disproportionate representation in juvenile detention facilities. So, like their ancestors, their bodies have become sites for conquest, dominion, and discipline. This Article examines the severity and normality of state violence and provides a constitutional basis for eliminating blanket and routine searches by arguing that these invasive searches violate the Fourth Amendment, Thirteenth Amendment, and Eighth Amendment rights of incarcerated girls. Despite a purported concern for these girls’ rehabilitation, incarcerated girls must endure humiliating searches that require that they expose their bodies to the parental state. The routine touching that marks the everyday lives of incarcerated girls illustrates the ordinariness of the violence of incarceration in the United States
