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Trump, The Court, And Constitutional Law, Erwin Chemerinsky
Trump, The Court, And Constitutional Law, Erwin Chemerinsky
Indiana Law Journal
In this Essay, I want to offer initial thoughts on what the Trump presidency is likely to mean for constitutional law. First, I want to focus on the lost opportunity: what might have happened had Hillary Clinton replaced Scalia and filled other vacancies on the Court. Second, I want to focus on the reality of what we are likely to see as a result of Neil Gorsuch replacing Antonin Scalia and of other possible vacancies being filled by President Trump. Finally, I want to discuss how progressives should react to this and to the foreseeable future of constitutional law. These, …
The Supreme Court And Information Privacy, Fred H. Cate, Beth E. Cate
The Supreme Court And Information Privacy, Fred H. Cate, Beth E. Cate
Articles by Maurer Faculty
Advances in technology—including the growing use of cloud computing by individuals, agencies, and organizations to conduct operations and store and process records—are enabling the systematic collection and use of personal data by state and federal governments for a variety of purposes.
These purposes range from battling crime and terrorism to assessing public policy initiatives and enforcing regulatory regimes. To aid these efforts, governments are promoting mandatory retention and reporting of data by online service providers and the expansion of laws that facilitate wiretaps to greater portions of the web.
The legal framework for protecting individual privacy within this growing world …
Book Review. The Supreme Court And Religion In American Life, Daniel O. Conkle
Book Review. The Supreme Court And Religion In American Life, Daniel O. Conkle
Articles by Maurer Faculty
No abstract provided.
Of Platonic Guardians, Trust, And Equality: A Comment On Hasen's Minimalist Approach To The Law Of Elections, Luis Fuentes-Rohwer
Of Platonic Guardians, Trust, And Equality: A Comment On Hasen's Minimalist Approach To The Law Of Elections, Luis Fuentes-Rohwer
Articles by Maurer Faculty
No abstract provided.
An Essay On The Spirit Of Liberty In The Fog Of War, Patrick L. Baude
An Essay On The Spirit Of Liberty In The Fog Of War, Patrick L. Baude
Articles by Maurer Faculty
This article previews the Supreme Court's decision in the Guantánamo prisoners' cases, arguing they should be dismissed for failure of jurisdiction. The worst possible outcome for civil liberties in wartime would be a decision to adjudicate the rights of the prisoners under an anemic view of individual rights and judicial jurisdiction. It is evident that the Court will not apply a robust conception of due process to these cases, in light of the inevitable pressures of national security in wartime. But faint-hearted judicial review, the likely result, will foster the political illusion that business as normal for our constitutional system …
Book Review. The Supreme Court And Constitutional Theory: 1953-1993, Donald H. Gjerdingen
Book Review. The Supreme Court And Constitutional Theory: 1953-1993, Donald H. Gjerdingen
Articles by Maurer Faculty
No abstract provided.
Dancing In The Dark: The Eighth Circuit's Interpretation Of The Establishment Clause In Clayton By Clayton V. Place, Jeffrey A. Leon
Dancing In The Dark: The Eighth Circuit's Interpretation Of The Establishment Clause In Clayton By Clayton V. Place, Jeffrey A. Leon
Indiana Law Journal
No abstract provided.
Book Review. Behind Bakke: Affirmative Action And The Supreme Court By Bernard Schwartz, Daniel O. Conkle
Book Review. Behind Bakke: Affirmative Action And The Supreme Court By Bernard Schwartz, Daniel O. Conkle
Articles by Maurer Faculty
No abstract provided.
Observations On The Supreme Court's Recent Affirmative Action Cases, Julia C. Lamber
Observations On The Supreme Court's Recent Affirmative Action Cases, Julia C. Lamber
Indiana Law Journal
No abstract provided.
Interest Analysis As Constitutional Law, Gene R. Shreve
Interest Analysis As Constitutional Law, Gene R. Shreve
Articles by Maurer Faculty
No abstract provided.
The Uncertainty Principle In The Supreme Court, Craig M. Bradley
The Uncertainty Principle In The Supreme Court, Craig M. Bradley
Articles by Maurer Faculty
No abstract provided.
Two Models Of The Fourth Amendment, Craig M. Bradley
Two Models Of The Fourth Amendment, Craig M. Bradley
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.
The Emerging Constitutional Principle Of Sexual Equality, Julius G. Getman
The Emerging Constitutional Principle Of Sexual Equality, Julius G. Getman
Articles by Maurer Faculty
No abstract provided.
The United States Supreme Court: A Creative Check Of Institutional Misdirection?, Fletcher N. Baldwin
The United States Supreme Court: A Creative Check Of Institutional Misdirection?, Fletcher N. Baldwin
Indiana Law Journal
In the Comment which follows Professor Baldwin presents a brief for an extremely creative Supreme Court. In contrast to those who suggest limiting the function of the Court, either by subject matter or by judicial restraint, the author would have it protect the compact upon which the community is based, by taking an active role to insure that the compensation implied in the compact flows in fact not only to the community but to the individual.
Book Review. A Declaration Of Legal Faith By Wiley Rutledge, Fowler V. Harper
Book Review. A Declaration Of Legal Faith By Wiley Rutledge, Fowler V. Harper
Articles by Maurer Faculty
No abstract provided.
Growth In The Constitution And Constitutional Law Since The Decision Of The Case Of West Coast Hotel Vs. Parrish, Hugh Evander Willis
Growth In The Constitution And Constitutional Law Since The Decision Of The Case Of West Coast Hotel Vs. Parrish, Hugh Evander Willis
Articles by Maurer Faculty
No abstract provided.
Tendencies In American Constitutional Law, Hugh Evander Willis
Tendencies In American Constitutional Law, Hugh Evander Willis
Articles by Maurer Faculty
No abstract provided.
The Part Of The United States Constitution Made By The Supreme Court, Hugh Evander Willis
The Part Of The United States Constitution Made By The Supreme Court, Hugh Evander Willis
Articles by Maurer Faculty
No abstract provided.
Book Review. Brant, I., Storm Over The Constitution, Ralph F. Fuchs
Book Review. Brant, I., Storm Over The Constitution, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.
Some Conflicting Decisions Of The United States Supreme Court, Hugh Evander Willis
Some Conflicting Decisions Of The United States Supreme Court, Hugh Evander Willis
Articles by Maurer Faculty
No abstract provided.