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The Living Constitution: Why The Supreme Court Must Part Ways With Exclusionary Eminent Domain, Aaron Mackay
The Living Constitution: Why The Supreme Court Must Part Ways With Exclusionary Eminent Domain, Aaron Mackay
Indiana Law Journal
The Fifth Amendment’s “public use” requirement for takings is no longer a requirement at all. Instead, the meaning of “public use” has been expanded far beyond its original intent and public understanding. The broadening of the “public use” requirement reached its breaking point in Kelo. Since Kelo, state legislatures have responded by restricting eminent domain use to remove “blighted” areas. In effect, contemporary eminent domain reduces the availability of affordable housing, which has exacerbated the affordable housing crisis. This Note explores a constitutionally permissible re-working of the eminent domain doctrine to encourage the provision of affordable housing. Interpreting the “public …
Situating Structural Challenges To Agency Authority Within The Framework Of The Finality Principle, Harold J. Krent
Situating Structural Challenges To Agency Authority Within The Framework Of The Finality Principle, Harold J. Krent
Indiana Law Journal
No abstract provided.
Judicial Activism And The Interpretation Of The Voting Rights Act, Luis Fuentes-Rohwer
Judicial Activism And The Interpretation Of The Voting Rights Act, Luis Fuentes-Rohwer
Articles by Maurer Faculty
From the moment the U.S. Supreme Court first confronted the difficult constitutional questions at the heart of the Voting Rights Act, its posture has been one of deference. This posture has continued to this day. In contrast, the Court has interpreted the language of the Act dynamically, often in total disregard to the text of the law or the intent of Congress. But as this Article explains, the Roberts Court appears poised to unsettle this longstanding narrative. The Act is in serious constitutional danger. One way to explain this move on the part of the Court is by invoking the …
Looking For A Few Good Philosopher Kings: Political Gerrymandering As A Question Of Institutional Competence, Luis Fuentes-Rohwer
Looking For A Few Good Philosopher Kings: Political Gerrymandering As A Question Of Institutional Competence, Luis Fuentes-Rohwer
Articles by Maurer Faculty
The redistricting season is about to begin in full swing, and with it will come renewed calls for the federal courts, and particularly the U. S. Supreme Court, to aggressively review the work of the political branches. This is an intriguing puzzle. Since the early 1960’s, the federal courts have regulated questions of politics aggressively. They have done this even in the face of difficult questions of political representation. The courts have taken sides, to be sure, but these can only be described as acts of volition and will, not constitutional law. The leading case is Reynolds v. Sims. This …
The Future Of Section 2 Of The Voting Rights Act In The Hands Of A Conservative Court, Luis Fuentes-Rohwer
The Future Of Section 2 Of The Voting Rights Act In The Hands Of A Conservative Court, Luis Fuentes-Rohwer
Articles by Maurer Faculty
This Essay argues that the future of the majority-minority district is in peril, as a conservative majority on the Court stands poised to strike down section 2 of the Voting Rights Act. When the Court takes up the constitutionality of Section 2, binding precedent will play a secondary role at best. Instead, the Justices’ policy goals and ideological preferences - namely, their personal disdain for the use of race in public life - will guide the Court’s conclusion. In this vein, Justice Kennedy holds the fate of the Act in his hands. To be clear, this Essay is not trying …
Understanding The Paradoxical Case Of The Voting Rights Act, Luis Fuentes-Rohwer
Understanding The Paradoxical Case Of The Voting Rights Act, Luis Fuentes-Rohwer
Articles by Maurer Faculty
This is an article about the Voting Rights Act of 1965 and its curious handling by the U.S. Supreme Court. When the Court examines the constitutionality of the Act, for example, it blindly defers to the work of Congress, unwilling to subject the statute to any meaningful scrutiny. In contrast, this posture of deference for questions of constitutional law differs greatly from the Court’s posture when interpreting the language of the statute. This is an area where the Court defers to no one, even when the text of the statute or the clear intent of Congress demands a different outcome. …
Loaded Dice And Other Problems: A Further Reflection On The Statutory Commander In Chief, Christopher H. Schroeder
Loaded Dice And Other Problems: A Further Reflection On The Statutory Commander In Chief, Christopher H. Schroeder
Indiana Law Journal
Symposium: War, Terrorism and Torture: Limits on Presidential Power in the 21st Century. Convened by the American Constitution Society for Law and Policy and the Indiana University School of Law- Bloomington, prominent legal scholars, human rights advocates and government lawyers gathered in Bloomington on October 7, 2005.
The Political Origins Of The New Constitutionalism, Ran Hirschl
The Political Origins Of The New Constitutionalism, Ran Hirschl
Indiana Journal of Global Legal Studies
Globalization, Courts, and Judicial Power Symposium
Book Review. American Constitutionalism: From Theory To Politics, Daniel O. Conkle
Book Review. American Constitutionalism: From Theory To Politics, Daniel O. Conkle
Articles by Maurer Faculty
No abstract provided.
Revisiting Roe V. Wade: Substance And Process In The Abortion Debate, Margaret G. Farrell
Revisiting Roe V. Wade: Substance And Process In The Abortion Debate, Margaret G. Farrell
Indiana Law Journal
No abstract provided.
What's In A Name? The Constitutionality Of Multiple "Supreme" Courts, David E. Engdahl
What's In A Name? The Constitutionality Of Multiple "Supreme" Courts, David E. Engdahl
Indiana Law Journal
No abstract provided.
Toward A General Theory Of The Establishment Clause, Daniel O. Conkle
Toward A General Theory Of The Establishment Clause, Daniel O. Conkle
Articles by Maurer Faculty
No abstract provided.
The Legitimacy Of Judicial Review In Individual Rights Cases: Michael Perry's Constitutional Theory And Beyond, Daniel O. Conkle
The Legitimacy Of Judicial Review In Individual Rights Cases: Michael Perry's Constitutional Theory And Beyond, Daniel O. Conkle
Articles by Maurer Faculty
No abstract provided.
Nonoriginalist Constitutional Rights And The Problem Of Judicial Finality, Daniel O. Conkle
Nonoriginalist Constitutional Rights And The Problem Of Judicial Finality, Daniel O. Conkle
Articles by Maurer Faculty
No abstract provided.
Judicial Discretion And The Freedom Of Information Act: Disclosure Denied: Consumers Union V. Veterans Administration, Judith A. Mitnick
Judicial Discretion And The Freedom Of Information Act: Disclosure Denied: Consumers Union V. Veterans Administration, Judith A. Mitnick
Indiana Law Journal
No abstract provided.
The Original And Exclusive Jurisdiction Of The United States Supreme Court, Wencelas J. Wagner
The Original And Exclusive Jurisdiction Of The United States Supreme Court, Wencelas J. Wagner
Articles by Maurer Faculty
No abstract provided.
Constitutional Implications Of The Opp Cotton Mills Case With Respect To Procedure And Judicial Review In Administrative Rule-Making, Ralph F. Fuchs
Constitutional Implications Of The Opp Cotton Mills Case With Respect To Procedure And Judicial Review In Administrative Rule-Making, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.