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Full-Text Articles in Law
Outcome Sensitivity And The Constitutional Law Of Criminal Procedure, Lee Kovarsky
Outcome Sensitivity And The Constitutional Law Of Criminal Procedure, Lee Kovarsky
Indiana Law Journal
Iconic criminal procedure doctrines that perform the same function go by different names. When constitutionally disfavored conduct taints a criminal proceeding, courts must determine how much the taint affected an outcome—and whether the damage requires judicial relief. These doctrinal constructs calibrate judicial responses to, among other things, deficient defense lawyering (prejudice), wrongful State suppression (materiality), unlawful policing (attenuation), and an assortment of trial-court mistakes (harmless error). I refer to these constructs, which tightly orbit the constitutional law of criminal procedure, as rules of “outcome sensitivity.” Formal differences in sensitivity rules remain enduring puzzles subject to only the most superficial inspection. …
The Post-Truth First Amendment, Sarah Haan
The Post-Truth First Amendment, Sarah Haan
Indiana Law Journal
Post-truthism is widely viewed as a political problem. This Article explores posttruthism as a constitutional law problem, and argues that, because post-truthism offers a normative framework for regulating information, we should take it seriously as a basis for law.
In its exploration of the influence of post-truth ideas on law, the Article focuses on the compelled speech doctrine. When the State mandates disclosure, it pits the interests of unwilling speakers against the interests of listeners. In the twenty-first century, speakers who are targeted by mandatory disclosure laws are often organizational actors with informational advantages, such as corporations. Listeners who stand …
The Recent Unpleasantness: Understanding The Cycles Of Constitutional Time, Jack M. Balkin
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. The actions …
The Global Person: Pig-Human Embryos, Personhood, And Precision Medicine, Yvonne Cripps
The Global Person: Pig-Human Embryos, Personhood, And Precision Medicine, Yvonne Cripps
Indiana Journal of Global Legal Studies
Chimeras, in the form of pig-human embryos engineered by CRISPR-Cas9 and other biotechnologies, have been created as potential sources of organs for transplantation. Against that background, and in an era of "precision medicine," this Article examines the concept of the global genetically modified person and asks whether humanness and personhood are being eroded, or finding new boundaries in intellectual property and constitutional law.
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 Constitutionality Of A National Wealth Tax, Dawn Johnsen, Walter Dellinger
The Constitutionality Of A National Wealth Tax, Dawn Johnsen, Walter Dellinger
Indiana Law Journal
The United States needs innovative approaches to help rebuild foundational, shared understandings of American democracy, the American Dream, and opportunity and fairness. Tax policy provides one central context in which collective judgments about fundamental values help form national identity. We believe that a national wealth tax (that is, a tax on individuals’ net worth) should be among the policy options under consideration to support vital infrastructure, social service, and other governmental functions. Although not a new concept, a wealth tax may be an idea whose time has come, as inequality soars toward record highs.
Our aim in this Essay is …
Trump As Constitutional Failure, Jamal Greene
Trump As Constitutional Failure, Jamal Greene
Indiana Law Journal
As Part I explains, the American constitutional system assumes a certain sort of democratic culture. That assumption is encapsulated in Chief Justice John Marshall’s dictum, in M’Culloch v. Maryland, that the Constitution is “intended to endure for ages to come, and, consequently, to be adapted to the various crises of human affairs.” The U.S. Constitution indeed lacks “the prolixity of a legal code,” but subsequent history confirms that its relative sparseness is not, as Marshall maintained, because it is “a constitution we are expounding.” The U.S. Constitution is among the world’s least prolix and most difficult to amend. These attributes …
Is The Full Faith And Credit Clause Still "Irrelevant" To Same-Sex Marriage?: Toward A Reconsideration Of The Conventional Wisdom, Steve Sanders
Is The Full Faith And Credit Clause Still "Irrelevant" To Same-Sex Marriage?: Toward A Reconsideration Of The Conventional Wisdom, Steve Sanders
Indiana Law Journal
Essays on the Implications of Windsor and Perry
Evolving Values, Animus, And Same-Sex Marriage, Daniel O. Conkle
Evolving Values, Animus, And Same-Sex Marriage, Daniel O. Conkle
Indiana Law Journal
In this Essay, I contend that a Fourteenth Amendment right to same-sex marriage will emerge, and properly so, when the Supreme Court determines that justice so requires and when, in the words of Professor Alexander Bickel, the Court’s recognition of this right will “in a rather immediate foreseeable future . . . gain general assent.” I suggest that we are fast approaching that juncture, and I go on to analyze three possible justifications for such a ruling: first, substantive due process; second, heightened scrutiny equal protection; and third, rational basis equal protection coupled with a finding of illicit “animus.” I …
Our Schizoid Approach To The United States Constitution: Competing Narratives Of Constitutional Dynamism And Stasis, Sanford Levinson
Our Schizoid Approach To The United States Constitution: Competing Narratives Of Constitutional Dynamism And Stasis, Sanford Levinson
Indiana Law Journal
Jerome Hall Lecture at the Indiana University Maurer School of Law - Bloomington on October 3, 2008
Globalization And The United States Constitution: How Much Can It Accommodate, James M. Boyers
Globalization And The United States Constitution: How Much Can It Accommodate, James M. Boyers
Indiana Journal of Global Legal Studies
No abstract provided.
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.
Vagaries And Varieties In Constitutional Interpretation, By Thomas Reed Powell, Albert S. Abel
Vagaries And Varieties In Constitutional Interpretation, By Thomas Reed Powell, Albert S. Abel
Indiana Law Journal
No abstract provided.
Cases And Materials On Constitutional Law, By John P. Fran, Thomas Reed Powell
Cases And Materials On Constitutional Law, By John P. Fran, Thomas Reed Powell
Indiana Law Journal
No abstract provided.
The Constitution And Socio-Economic Change, By Henry Rottschaefer, Ben W. Palmer
The Constitution And Socio-Economic Change, By Henry Rottschaefer, Ben W. Palmer
Indiana Law Journal
No abstract provided.
Application Of The Self-Incrimination Clause To The Compulsory Production Of Books And Papers Required To Be Kept By Statute
Indiana Law Journal
Constitutional Law Note
Canon Of Restrictive Interpretation Repudiated
Canon Of Restrictive Interpretation Repudiated
Indiana Law Journal
Recent Cases: Constitutional Law
Suppression Of Coerced Confessions
Suppression Of Coerced Confessions
Indiana Law Journal
Notes and Comments: Constitutional Law
Civil Servants And The Right To Engage In Political Activity
Civil Servants And The Right To Engage In Political Activity
Indiana Law Journal
Notes and Comments: Constitutional Law
Indiana Gross Income Tax And The Commerce Clause
Indiana Gross Income Tax And The Commerce Clause
Indiana Law Journal
Notes and Comments: Constitutional Law
Right To Counsel In Criminal Law
Right To Counsel In Criminal Law
Indiana Law Journal
Notes and Comments: Constitutional Law
Legislative Abolition Of Remedies
Legislative Abolition Of Remedies
Indiana Law Journal
Notes and Comments: Constitutional Law
State Regulation And Enclaved Federal Territory
State Regulation And Enclaved Federal Territory
Indiana Law Journal
Notes and Comments: Constitutional Law
The Original Package Doctrine
Indiana Law Journal
Notes and Comments: Constitutional Law
Insurance Declared Interstate Commerce
Insurance Declared Interstate Commerce
Indiana Law Journal
Notes and Comments: Constitutional Law
The Privilege Of A Negro Citizen To Vote In A Primary
The Privilege Of A Negro Citizen To Vote In A Primary
Indiana Law Journal
Notes and Comments: Constitutional Law
Military Trial Of Saboteurs
Indiana Law Journal
Notes and Comments: Constitutional Law
Agriculture As Interstate Commerce
Agriculture As Interstate Commerce
Indiana Law Journal
Notes and Comments: Constitutional Law