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Indiana Journal of Law & Social Equality Volume 5, Issue 1

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Indiana Journal of Law & Social Equality Volume 5, Issue 1 Indiana Journal of Law and Social Equality Volume 5 Issue 1 Article 10 3-6-2017 Indiana Journal of Law & Social Equality Volume 5, Issue 1 Follow this and additional works at: https://www.repository.law.indiana.edu/ijlse Part of the Law Commons Publication Citation 5 Ind. J.L. & Soc. Equality 1–236 (2016–17). This Full Issue is brought to you for free and open access by the Law School Journals at Digital Repository @ Maurer Law. It has been accepted for inclusion in Indiana Journal of Law and Social Equality by an authorized editor of Digital Repository @ Maurer Law. For more information, please contact [email protected]. INDIANA JOURNAL OF LAW AND SOCIAL EQUALITY VOLUME 5 Copyright © 2017, The Trustees of Indiana University. Except as may be expressly provided elsewhere in this publication, permission is hereby granted to reproduce and distribute copies of individual works from this publication for nonprofit educational purposes, provided that copies are distributed at or below cost, and that the author, source, and copyright notice are included on each copy. This permission is in addition to rights of reproduction granted under Sections 107, 108, and other provisions of the U.S. Copyright Act. INDIANA JOURNAL OF LAW & SOCIAL EQUALITY Volume 5 2016–17 Editor-in-Chief MELISSA LOGAN Senior Managing Editor Senior Managing Editor WHITNEY LYNCH REBECCA SPANGLER Executive Editor Executive Articles Editor MARY MANCUSO JUSWIN MATHEW Executive Notes & Comments Editor PAIGE COOMER Business Editor Symposium Editor MADELEINE VALA FRANCESCA HOFFMANN Articles Editors ANASTASIIA ALLEN KESHAV JHA ELIZABETH HALET EVAN STAHR Managing Editors JAVIER BECERRA MUNAN CAO MIAO CHENG HAYLEY GIBSON STEPHANIE HALSTED COREY KADASH ADAM WOLFE MICHAEL YONTZ Notes & Comments Editors WILLIAM MOORE JUSTIN NALOS SARAH THOMPSON WENKAI TZENG Associate Editors HALEY EDMONDS JULIANNE FEALEY ALEXANDRIA FOSTER TRISTAN FRETWELL TREVOR GRESHAM LAURA HUGHES LAUREN JACOBSEN ASHLEY KIM ASH KULAK MATTHEW LAND MELISSA LATINI JENNA LAWSON BREEIA LITTLE MEGHAN MCCABE MOLLY MORGAN SAMUEL SEEDS WAYNE SEWARD ANASUYA SHEKHAR ALEXANDER THIBODEAU JAMES VANDEVENTER KELSEY WALSH MICHELE WILCOX-PETRITES STEPHANIE WONG Director of Online Content Editor Emeritus WENKAI TZENG SAMANTHA VON ENDE Journal Coordinator Faculty Advisor Technical Coordinator RITA EADS LUIS FUENTES-ROHWER RANDY SPARKS Indiana University Maurer School of Law – Bloomington INDIANA JOURNAL OF LAW & SOCIAL EQUALITY Volume 5, Issue 1 2016–17 TABLE OF CONTENTS Foreword Samantha von Ende…………………………………………………………………………………… i Inefficient Inequality Shi-Ling Hsu…………………………………………………………………………………………… 1 Campus Racial Unrest and the Diversity Bargain Steven W. Bender…………………………………………………………………………………..... 47 Gerrymandering Revisited—Searching for a Standard Theodore R. Boehm…………………………………………………………………………………… 59 Drawing the Line for Democratic Choice: How the Petition Clause Can Restore a Citizen’s Right to Participate in Commission-Driving Redistricting Mateo Forero..…………………………………………………………………………………………. 75 The Vote is Precious Melissa A. Logan, Note……………………………………………………………………………... 105 The Process of Power: A Process-Oriented Approach to Dissecting a Group’s Political Power Pat Andriola..………………………………………………………………………………………… 133 Organizing in the Shadows: Limits on Union Organization of Undocumented Day Laborers Paige Coomer, Note…………………………………………………………………………………. 145 From Suspended to Destitute: The Disproportionate Effect of Out-of-School Suspensions on Low-Income Families Francesca L. Hoffmann, Note.....…………………………………………………………………. 169 Fair Representation in Local Government Ruth Greenwood..…………………………………………………………………………………… 197 Copyright © 2017 by the Trustees of Indiana University FOREWORD Samantha von Ende* “In recognizing the humanity of our fellow beings, we pay ourselves the highest tribute.” - Justice Thurgood Marshall1 The Indiana Journal of Law and Social Equality started as an idea in the mind of young law students. Ideas can be quite powerful. The Journal has since grown into an interdisciplinary academic forum for scholars, practitioners, policy makers, and students with the goals of providing an outlet for scholarly discourse and contributing to society’s understanding of legal and policy issues concerning social equality. By drawing on leading scholars from a variety of disciplines and practice backgrounds, the Journal seeks to transform the lens through which issues of social equality and equity are viewed by identifying new issues and offering new theoretical and pedagogical approaches. It also seeks to serve as a model for social equality in its composition, functioning, and community engagement. The importance of taking an interdisciplinary approach to issues of social equality is grounded in the understanding that identities and experiences are situated within socially constructed systems and organized around characteristics such as race, gender, class, sexuality, ability, and others. These identity systems interact, mutually shape, and reinforce each other. Consequently, they cannot be studied in isolation. Although our journal is still in its early adolescence, it has continued to flourish this year under the leadership of Editor-in-Chief Melissa Logan and with tremendous institutional support provided by the law school administration, and, principally, our new and former faculty advisors, Professors Luis Fuentes-Rohwer and Deborah Widiss. We owe a significant debt of gratitude to each. Starting an academic publication is never an easy feat, but it may be easier than sustaining it through its initial years. Doing so involves a continuous process of adaptation, collaboration, and cooperation, and a great deal of patience, forethought, and judgment. Undertaking such an endeavor takes a significant investment of time and emotional resources—but it proves worthwhile. How we spend our days, of course, as Annie Dillard reflected, is how we spend our lives. How better to do so then, than in the dedicated pursuit and promotion of elaborate * Indiana University Maurer School of Law, J.D./Ph.D. (expected 2020). I extend my deepest thanks to the three most recent Editors-in-Chief of the Indiana Journal of Law and Social Equality--Alyson Schwartz (Volume III), Nick Parker (Volume IV), and Melissa Logan (Volume V)--for their friendship, professionalism, and dedication to this Journal. I am indebted both to Katie Cullum and to Richard von Ende, without whose editing and support this piece would not have been produced. This Foreword is adapted from remarks given on April 7, 2016 at IJLSE’s Spring 2016 Symposium, Toward Justice: Turning Points in Social Movements Past and Future. All opinions and errors are my own. 1 Furman v. Georgia, 408 U.S. 238, 371 (1972) (Marshall, J., concurring). ii Indiana Journal of Law and Social Equality [5:1 and honest inquiry? How better than by building an institution steadfastly committed to the uniquely human pursuits of greater knowledge and greater justice? This work cannot be accomplished in any given year, nor by any particular board of editors, but rather is by its nature an unending and evolving process. That’s fine. Land Institute Founder Wes Jackson once pointed out, “if your life’s work can be accomplished in your lifetime, you’re not thinking big enough.”2 So, working as a member of this journal has been meaningful, but it has also been fun. When confronted with a problem that our bylaws do not address, we often joke that we should resort to journal common law tradition, and try to ring up former EIC, Alyson Schwartz. It is incredible she still takes our calls. We joke that we should add comments to bylaw revisions, from the “advisory committee for the 2016 amendments.” So, yes, we flip through the bluebook a lot. But we make the best time of it. Levity aside, though, academic publications are incredibly important. And this journal’s existence is important for three specific reasons. First, it provides space for meaningful, supported, and dynamic discourse. Second, it does the critical work of informing the public and generating an educated citizenry, an attribute of society that Thomas Jefferson emphasized as the cornerstone of our democracy. Third, the space for discourse provides an opportunity to offer solutions to injustice, and, more fundamentally, to identify and frame those issues. John Dewey put it best when he simply stated, “A problem well put is half solved.”3 Law is a remarkable human construction, but is by necessity inherently conservative, reflective of social evolution but never itself revolutionary. It entrenches values and processes in order to ensure stability and the mechanisms for self-government. Existing understandings of these entrenched values can be characteristically difficult to change. Progress can be slow, engagement low, and distrust high. It can become all too easy to succumb to the frustration, to throw our hands up at the absurdity and network of obstacles and decide: not me, not today. But if not us, who? And if not now, when?4 We are at once fortunate and burdened to live in such interesting times of upheaval and social transformation. We live in an age of unprecedented development and access to information, but our lives, perspectives, and work remain as divided as ever. We construct echo chambers in technological and social spaces and yell past each other from value sets that are incomprehensible to those on the receiving end of our often-legitimate rants and pleadings. Overspecialization, institutionalized oppression, and emerging illiberal tendencies
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