On April 21, Governor Eric Holcomb signed into law an enactment of the General Assembly that Secretary of State Connie Lawson called “the most farreaching revision of Indiana business laws in more than two decades.” The new act consolidates in a single place in the Indiana Code and harmonizes certain administrative provisions and provisions governing transactions that had previously been contained in five different business entity statutes. Although the new law does not bring about much substantive change, it contains an unprecedented amount of procedural simplification.

The Federal Sentencing Guidelines were originally imposed by Congress in the Sentencing Reform Act of 1984 (SRA). This statute was an attempt to create a determinate sentencing system, which included large-scale elimination of parole and severe restriction of good time credit in order to create a system in which criminals would serve most or all of the time to which they were sentenced.

For nearly 100 years prior to the enactment of the SRA, the U.S. federal criminal system was an indeterminate sentencing system, under which “[s]tatutes specified the penalties for crimes but nearly always gave the sentencing judge wide discretion” in whether an individual should be incarcerated and for how long, and as to whether the use of parole was appropriate. 

by Robert A. Katz
Professor of Law (Faculty Profile)
Indiana University Robert H. McKinney School of Law
Lawrence W. Inlow Hall, Room 349
530 W. New York Street
Indianapolis, IN 46202-3225

[Editor’s Note: This article departs from the typical format and citation style of the Indiana Law Review Blog in the interest of providing commentary on the passage of Senate Bill 101, commonly referred to as the “Religious Freedom Restoration Act,” or RFRA. This article consists of abbreviated remarks presented by the author to the House Judiciary Committee of the Indiana General Assembly on March 16, 2015, 10 days before the bill was signed into law by Indiana Governor Mike Pence.]


Good day. My name is Robert Katz. I am a professor of law at Indiana University Robert H. McKinney School of Law where I teach First Amendment law and law and religion. My research focuses on the tension between religious freedom and anti-discrimination law. It is one of my most profound concerns as a citizen, a parent, and a member of the Jewish community.

The freedom of religion is one of our most fundamental rights as Americans. Yet, also precious to us as citizens are our civil rights and, most relevantly here, our right to be free from discrimination.

As I understand it, this bill has two main goals.