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Respeaking The Bill Of Rights: A New Doctrine Of Incorporation, Kurt Lash
Respeaking The Bill Of Rights: A New Doctrine Of Incorporation, Kurt Lash
Indiana Law Journal
The incorporation of the Bill of Rights against the states by way of the Fourteenth Amendment raises a host of textual, historical, and doctrinal difficulties. This is true even if (especially if) we accept the Fourteenth Amendment as having made the original Bill of Rights binding against the states. Does this mean we have two Bills of Rights, one applicable against the federal government with a “1791” meaning and a second applicable against the state governments with an “1868” meaning? Do 1791 understandings carry forward into the 1868 amendment? Or do 1868 understandings of the Bill of Rights carry backward …
Reciprocal Immunity, Colin Miller
Reciprocal Immunity, Colin Miller
Indiana Law Journal
This essay advances a reciprocal rights theory. It argues that the Constitution precludes statutes and rules from providing nonreciprocal benefits to the State when the lack of reciprocity interferes with the defendant’s ability to secure a fair trial, unless reciprocity would implicate a significant state interest. Therefore, unless a significant State interest is involved, a grant of immunity to a prosecution witness should trigger reciprocal immunity to a directly contradictory defense witness.
State Sales & Use Tax On Internet Transactions, Sandi Owen
State Sales & Use Tax On Internet Transactions, Sandi Owen
Federal Communications Law Journal
The explosive growth of electronic commerce raises serious questions about the viability of the current state sales and use tax system. Sales via the Internet and other electronic means are changing both the form and substance of consumer transactions, and such sales often do not satisfy the traditional nexus requirement for state taxation because on-line vendors frequently lack physical presence in the purchaser’s home state. The inability to collect taxes on this growing segment of the retail sales market will impair states’ efforts to raise revenues and cause economically similar transactions to be treated differently. Consequently, Congress must act pursuant …
Constitutional Defenses Against Punitive Damages: Down But Not Out, Nicholas K. Kile
Constitutional Defenses Against Punitive Damages: Down But Not Out, Nicholas K. Kile
Indiana Law Journal
No abstract provided.
Of History And Due Process, Edward P. Steegmann
Of History And Due Process, Edward P. Steegmann
Indiana Law Journal
No abstract provided.
The Second Death Of Substantive Due Process, Daniel O. Conkle
The Second Death Of Substantive Due Process, Daniel O. Conkle
Indiana Law Journal
No abstract provided.
Aspects Of A Constitutional Right To A Habitable Environment: Towards An Environmental Due Process, Ronald E. Klipsch
Aspects Of A Constitutional Right To A Habitable Environment: Towards An Environmental Due Process, Ronald E. Klipsch
Indiana Law Journal
No abstract provided.
Right To Jury Trial: Indiana's Misapplication Of Due Process Standards In Delinquency Hearings, Robert Gullick
Right To Jury Trial: Indiana's Misapplication Of Due Process Standards In Delinquency Hearings, Robert Gullick
Indiana Law Journal
No abstract provided.
The Constitutional Limits Of Discovery
The Development Of Constitutional Guarantees Of Liberty, By Roscoe Pound, Howard Jay Graham
The Development Of Constitutional Guarantees Of Liberty, By Roscoe Pound, Howard Jay Graham
Indiana Law Journal
No abstract provided.
Potentialities Of Equal Protection As An Implement Of Judicial Review
Potentialities Of Equal Protection As An Implement Of Judicial Review
Indiana Law Journal
No abstract provided.
Denial Of Due Process By Use Of Coerced Confessions
Denial Of Due Process By Use Of Coerced Confessions
Indiana Law Journal
Recent Cases: Constitutional Law
Constitutional Law--Due Process-The Known Use Of Perjured Testimony By The Prosecution Not An Orderly Course Of Procedure
Indiana Law Journal
No abstract provided.
Constitutional Law -Administrative Duties Of The Judiciary- Due Process
Constitutional Law -Administrative Duties Of The Judiciary- Due Process
Indiana Law Journal
No abstract provided.