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Sticks, Stones, And So-Called Judges: Why The Era Of Trump Necessitates Revisiting Presidential Influence On The Courts, Quinn W. Crowley

Indiana Law Journal

This Note will be primarily divided into three main sections. Part I of this Note will begin by discussing the importance of judicial independence in modern society and the role of elected officials in shaping the public perception of the courts. Additionally, as problems of judicial legitimacy are age-old and date back to America’s founding, Part I will include a brief discussion of an early clash between President Thomas Jefferson and the courts.

Parts II and III of this Note will seek to place President Trump’s conduct towards the judicial branch within the proper historical context. Part II examines the …

Congressional Standing To Sue: The Role Of Courts And Congress In U.S. Constitutional Democracy, Vicki C. Jackson

Indiana Law Journal

In recent years, legislatures and their members have increasingly asserted standing to sue other branches of government, in controversies involving state legislators or legislatures as party litigants and in controversies involving members of or parts of the U.S. Congress. These cases present challenging questions for the federal Article III courts, whose jurisdiction has been interpreted to be bounded by “justiciability” doctrines, including that the party invoking federal court jurisdiction must have standing to do so. This Essay will focus on congressional standing, discussing case law involving claims by state legislatures or legislators to the extent they are relevant.1 It will …

Substitute And Complement Theories Of Judicial Review, David E. Landau

Indiana Law Journal

Constitutional theory has hypothesized two distinct and contradictory ways in which judicial review may interact with external political and social support. One line of scholarship has argued that judicial review and external support are substitutes. Thus, “political safeguard” theorists of American federalism and the separation of powers argue that these constitutional values are enforced through the political branches, making judicial review unnecessary. However, a separate line of work, mostly composed of social scientists examining rights issues, argues that the relationship between courts and outside support is complementary—judges are unlikely to succeed in their projects unless they have sufficient assistance from …

Scientific Avoidance: Toward More Principled Judicial Review Of Legislative Science, Emily H. Meazell

Indiana Law Journal

Courts increasingly confront legislative enactments made in light of scientific uncertainty. Even so, the degree of deference appropriate to this type of judicial review is a moving target, seemingly determined on an ad hoc, unprincipled basis. On one hand, the decision of how to legislate in light of scientific uncertainty is quintessentially one of policy, suggesting that the highest degree of deference is appropriate. But certain classes of cases, and certain types of scientific questions, seem singularly inappropriate for extreme judicial deference. While significant scholarly attention has focused on the comparative institutional competence of courts and legislatures with respect to …

Law & Politics: The Case Against Judicial Review Of Direct Democracy, Corey A. Johanningmeier

Indiana Law Journal

This Note argues against strong judicial review of direct democracy. Judicial review has been the dominant answer in legal scholarship for the perceived danger of majoritarian tyranny in any democratic system. But Progressive movements throughout American history, as well as a growing number of respected law professors, have questioned the assumption that courts or even legislatures are better protectors of discrete and insular minorities than the rights-respecting populace. Although the vast majority of legal scholarship still displays a crippling cynicism about popular competence, this view cannot continue to block progressives from participating in initiative campaigns. Exclusive resort to elitist procedural …

Constitutionalism, Democracy And Foreign Affairs, Louis Henkin

Indiana Law Journal

No abstract provided.

The Constitution As Architecture: A Charette, Larry Kramer

Indiana Law Journal

Symposium: Paul Bator: Legislative and Administrative Courts Under Article III

An Appropriate Economic Model Of Judicial Review Of Suburban Growth Control, Neal A. Roberts

Indiana Law Journal

No abstract provided.

The Impact Of The Courts On Public Administration, David L. Bazelon

Indiana Law Journal

Colloquium: The Federal Judiciary: Essays from the Bench

Prerequisites To Judicial Review Of Administrative Agency Action, Ralph F. Fuchs

Indiana Law Journal

No abstract provided.

Parades And Protest Demonstrations: Punctual Judicial Review Of Prior Restraints On First Amendment Liberties, Valerie Tarzian

Indiana Law Journal

No abstract provided.

Veterans' Benefits, Judicial Review, And The Constitutional Problems Of Positive Government, Frederick Davis

Indiana Law Journal

No abstract provided.

Judicial Review Of Administrative Agency Actions In Indiana

Indiana Law Journal

No abstract provided.

Habeas Corpus And Judicial Review Of Draft Classifications

Indiana Law Journal

No abstract provided.

Judicial Review Of Removals Of Municipal Policemen And Firemen In Indiana

Indiana Law Journal

No abstract provided.

Judicial Review Of Public Assistance Determinations, Hubert H. Margolies

Indiana Law Journal

No abstract provided.

Reviewing Judicial Review, Clarence E. Manion

Indiana Law Journal

Address of Clarence E. Manion, Professor of Law at Notre Dame University School of Law, delivered at the mid-winter meeting of the Indiana State Bar Association January 16, 1937.

A Survey Of The Proposals To Limit Or Deny The Power Of Judicial Review By The Supreme Court Of The Untied States (Part 2), Maurice Culp

Indiana Law Journal

No abstract provided.

A Survey Of The Proposals To Limit Or Deny The Power Of Judicial Review By The Supreme Court Of The United States, Maurice S. Culp

Indiana Law Journal

No abstract provided.