After years of disclosure of forensic frauds, discrediting of previous forensic techniques, and exonerations of innocents incarcerated for crimes they did not commit, in 2009, at the behest of Congress, the National Academies of Science published a thoughtful, but devastating critique of the practice of forensic science in the criminal courts of the United States.More
During recent decades, the teaching and discussion of Evidence law have come to focus almost entirely on the topics covered by the Federal Rules of Evidence and their state equivalents. Just as the Federal Rules of Civil Procedure caused teachers and scholars to focus on what they cover, the Federal Rules of Evidence have come to define our understanding of what Evidence law is about.More
Any new practice involving communication can pose a challenge to established free speech law. A few such practices are of exceptional value in promoting a clearer understanding of free speech law and, crucially, of the increasingly important deficiencies of even our best free speech theories. The practice of projecting light messages onto targeted property is just such a practice.More
Students seek to bust the curve in law school. The law faculty’s job is to ensure that in doing so, students will be well positioned for success in life and the profession. In a constantly changing economy and society, the faculty does its job by keeping ahead of the curve itself.
The written submissions from Upward! combine to relate a story of law school curricular, student body, and course design that responds to the changing needs and realities of the profession and student demand.
Earlier this year, a trial court in Indiana ordered IBM to post a $25 million appeal bond staying execution of a $78 million judgment. The litigation arose from IBM’s breach of a contract requiring it to automate much of Indiana’s welfare services. The amounts of both the judgment and appeal bond are perhaps extraordinary. Still, the IBM case highlights lessons for attorneys requesting stays in more commonplace civil cases.
This Article begins by explaining why a party would need to request an appeal bond and the requirements for doing so. It then addresses how courts determine the amount to fix for such a bond. It concludes by offering some practical considerations for both defendants (judgment-debtors) and plaintiffs (judgment-creditors).More
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.More
False Facts and Holy War: How the Supreme Court’s Establishment Clause Cases Fuel Religious Conflict
Like the Muses, the Justices of the Supreme Court are nine in number. Like the Muses, the justices can tell false things as well as true ones. In the messy area of government-religious speech, the Supreme Court’s opinions sometimes contain facts that seem plausible but are false.More
Is an Uber driver an employee of Uber? Most scholarship about the so-called on-demand or gig economy has focused on whether individuals providing services via platforms, such as Uber, Lyft, Task Rabbit, and Instacart, are employees under current law or should be protected to the same degree as employees are protected under current law.More
Although cryptocurrencies such as Bitcoin are often likened to the Old Wild West, that does not mean there are not any laws governing them. While many issues surrounding the decade-old digital asset remain unclear or unregulated, there are some practices that can get the average retail investor in trouble. For example, federal policies adopted in 2017 impact taxes on cryptocurrency and participation in initial coin offerings. More regulations are likely — and that could be a good or bad thing, depending on whom you ask. This plain-language primer provides an overview of the most common legal issues that investors need to be aware of and what the future may hold.More
The Indiana Law Review is pleased to announce that the following students have been selected as Note Candidates for Volume 52. We look forward to their contributions to legal scholarship over the coming school year. Congratulations! Eddie Abel Max Adams Marina Allen Claire Bailey Coryn Blacketer Kole Brinegar Raelynn Chastain Sloan Crawford Aleks Djuricic Gina […]More