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Policing The Wombs Of The World's Women: The Mexico City Policy, Samantha Lalisan Jul 2020

Policing The Wombs Of The World's Women: The Mexico City Policy, Samantha Lalisan

Indiana Law Journal

This Comment argues that the Policy should be repealed because it undermines

firmly held First Amendment values and would be considered unconstitutional if

applied to domestic nongovernmental organizations (DNGOs). It proceeds in four

parts. Part I describes the inception of the Policy and contextualizes it among other

antiabortion policies that resulted as a backlash to the U.S. Supreme Court’s

landmark decision in Roe v. Wade. Part II explains the Policy’s actual effect on

FNGOs, particularly focusing on organizations based in Nepal and Peru, and argues

that the Policy undermines democratic processes abroad and fails to achieve its ...


Constitutionally Unaccountable: Privatized Immigration Detention, Danielle C. Jefferis Jan 2020

Constitutionally Unaccountable: Privatized Immigration Detention, Danielle C. Jefferis

Indiana Law Journal

For-profit, civil immigration detention is one of this nation’s fastest growing industries. About two-thirds of the more than 50,000 people in the civil custody of federal immigration authorities find themselves at one point or another in a private, corporate-run prison that contracts with the federal government. Conditions of confinement in many of these facilities are dismal. Detainees have suffered from untreated medical conditions and endured months, in some cases years, of detention in environments that are unsafe and, at times, violent. Some have died. Yet, the spaces are largely unregulated. This Article exposes and examines the absence of ...


The Recent Unpleasantness: Understanding The Cycles Of Constitutional Time, Jack M. Balkin Jan 2019

The Recent Unpleasantness: Understanding The Cycles Of Constitutional Time, Jack M. Balkin

Indiana Law Journal

In this Article, I will talk about what I expect is going to happen in the next five to ten years. Unlike eclipses, however, one can’t be entirely sure of the future. Politics is not astronomy, and human affairs do not operate like clockwork. Moreover, we can’t assume that everything is already foreordained: that if people simply sit on their hands and do nothing, the cycles I describe in this lecture will take care of themselves. Quite the contrary. I am telling a story about what happens in the long run, but it is not a deterministic story ...


Constitutional Possibilities, Lawrence B. Solum Jan 2008

Constitutional Possibilities, Lawrence B. Solum

Indiana Law Journal

No abstract provided.


Lost Constitutional Moorings: Recovering The War Power, Louis Fisher Oct 2006

Lost Constitutional Moorings: Recovering The War Power, Louis Fisher

Indiana Law Journal

For the past half century, Presidents have claimed constitutional authority to take the country from a state of peace to a state of war against another nation. That was precisely the power that the Framers denied to the President and vested exclusively in Congress. That allocation of power was understood by all three branches until President Harry Truman went to war against North Korea in 1950. He never came to Congress for authority before he acted or at any time thereafter. Similar false claims of authority have been made by Presidents since that time. These constitutional violations have been assisted ...


Architexture, Akhil Reed Amar Oct 2002

Architexture, Akhil Reed Amar

Indiana Law Journal

Addison C. Harris Lecture, March 20, 2002


Ronald Dworkin's The Moral Reading Of The Constitution: A Critique, Raoul Berger Oct 1997

Ronald Dworkin's The Moral Reading Of The Constitution: A Critique, Raoul Berger

Indiana Law Journal

No abstract provided.


Jack Rakove's Rendition Of Original Meaning, Raoul Berger Jul 1997

Jack Rakove's Rendition Of Original Meaning, Raoul Berger

Indiana Law Journal

No abstract provided.


The Uniform Commercial Code Meets The Seventh Amendment: The Demise Of Jury Trials Under Article 5?, Margaret L. Moses Jul 1997

The Uniform Commercial Code Meets The Seventh Amendment: The Demise Of Jury Trials Under Article 5?, Margaret L. Moses

Indiana Law Journal

No abstract provided.


Civil Society And The American Foundings, Jack P. Greene Apr 1997

Civil Society And The American Foundings, Jack P. Greene

Indiana Law Journal

No abstract provided.


Constitutional Barriers To Smooth Sailing: 14 U.S.C. § 89(A) And The Fourth Amendment, Megan Jaye Kight Apr 1997

Constitutional Barriers To Smooth Sailing: 14 U.S.C. § 89(A) And The Fourth Amendment, Megan Jaye Kight

Indiana Law Journal

No abstract provided.


The Rhetorical Constitution Of "Civil Society" At The Founding: One Lawyer's Anxious Vision, Stephen A. Conrad Apr 1997

The Rhetorical Constitution Of "Civil Society" At The Founding: One Lawyer's Anxious Vision, Stephen A. Conrad

Indiana Law Journal

Symposium: Law and Civil Society


The Draw And Drawbacks Of Religious Enclaves In A Constitutional Democracy: Hasidic Public Schools In Kiryas Joel, Judith Lynn Failer Apr 1997

The Draw And Drawbacks Of Religious Enclaves In A Constitutional Democracy: Hasidic Public Schools In Kiryas Joel, Judith Lynn Failer

Indiana Law Journal

Symposium: Law and Civil Society


The Title Ix Tug-Of-War And Intercollegiate Athletics In The 1990'S: Nonrevenue Men's Teams Join Women Athletes In The Scramble For Survival, Susan M. Shook Jul 1996

The Title Ix Tug-Of-War And Intercollegiate Athletics In The 1990'S: Nonrevenue Men's Teams Join Women Athletes In The Scramble For Survival, Susan M. Shook

Indiana Law Journal

No abstract provided.


Religious Visitation Constraints On The Noncustodial Parent: The Need For National Application Of A Uniform Compelling Interest Test, Kevin S. Smith Jul 1996

Religious Visitation Constraints On The Noncustodial Parent: The Need For National Application Of A Uniform Compelling Interest Test, Kevin S. Smith

Indiana Law Journal

No abstract provided.


Choice Of Law And The Forgiving Constitution, Gene R. Shreve Apr 1996

Choice Of Law And The Forgiving Constitution, Gene R. Shreve

Indiana Law Journal

No abstract provided.


Measured Constitutional Steps, Lisa A. Kloppenberg Apr 1996

Measured Constitutional Steps, Lisa A. Kloppenberg

Indiana Law Journal

No abstract provided.


A Theory Of Compulsory Process Clause Discovery Rights, Jean Montoya Jul 1995

A Theory Of Compulsory Process Clause Discovery Rights, Jean Montoya

Indiana Law Journal

No abstract provided.


Is Moral Relativism A Constitutional Command?, Steven G. Gey Apr 1995

Is Moral Relativism A Constitutional Command?, Steven G. Gey

Indiana Law Journal

No abstract provided.


In Search Of The Post-Positivist Jury, Mark Cammack Apr 1995

In Search Of The Post-Positivist Jury, Mark Cammack

Indiana Law Journal

No abstract provided.


The Constitution And The Subgroup Question, Martha Minow Jan 1995

The Constitution And The Subgroup Question, Martha Minow

Indiana Law Journal

Presented on Nov. 18, 1994, Indiana University School of Law-Bloomington as the 1994 Harris Lecture.


Ninth Life: An Interpretive Theory Of The Ninth Amendment, Chase J. Sanders Jul 1994

Ninth Life: An Interpretive Theory Of The Ninth Amendment, Chase J. Sanders

Indiana Law Journal

No abstract provided.


The Advocacy Of "Constitutional" Conduct, Marshall C. Derks Oct 1993

The Advocacy Of "Constitutional" Conduct, Marshall C. Derks

Indiana Law Journal

No abstract provided.


Revisiting Roe V. Wade: Substance And Process In The Abortion Debate, Margaret G. Farrell Apr 1993

Revisiting Roe V. Wade: Substance And Process In The Abortion Debate, Margaret G. Farrell

Indiana Law Journal

No abstract provided.


The Role Of Religious Values In Judicial Decision Making, Scott C. Idleman Apr 1993

The Role Of Religious Values In Judicial Decision Making, Scott C. Idleman

Indiana Law Journal

No abstract provided.


The Political Process As Final Solution, Charles M. Freeland Apr 1993

The Political Process As Final Solution, Charles M. Freeland

Indiana Law Journal

No abstract provided.


Fencing Out Politically Unpopular Groups From The Normal Political Processes: The Equal Protection Concerns Of Colorado Amendment Two, Craig Cassin Burke Jan 1993

Fencing Out Politically Unpopular Groups From The Normal Political Processes: The Equal Protection Concerns Of Colorado Amendment Two, Craig Cassin Burke

Indiana Law Journal

No abstract provided.


Neutral Principles And The Right To Neutral Access To The Courts, Jeffrey R. Pankratz Oct 1992

Neutral Principles And The Right To Neutral Access To The Courts, Jeffrey R. Pankratz

Indiana Law Journal

No abstract provided.


The Dormant Commerce Clause After Garcia: An Application To The Interstate Commerce Of Sanitary Landfill Space, James Hinshaw Jan 1992

The Dormant Commerce Clause After Garcia: An Application To The Interstate Commerce Of Sanitary Landfill Space, James Hinshaw

Indiana Law Journal

No abstract provided.


A Matter Of "Governing' Importance": Providing Business Defamation And Product Disparagement Defendants Full First Amendment Protection, Lisa Magee Arent Jan 1992

A Matter Of "Governing' Importance": Providing Business Defamation And Product Disparagement Defendants Full First Amendment Protection, Lisa Magee Arent

Indiana Law Journal

No abstract provided.