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The False Promise Of The Converse-1983 Action, John F. Preis Oct 2012

The False Promise Of The Converse-1983 Action, John F. Preis

Indiana Law Journal

The federal government is out of control. At least that’s what many states will tell you. Not only is the federal government passing patently unconstitutional legislation, but its street-level officers are ignoring citizens’ constitutional rights. How can states stop this federal juggernaut? Many are advocating a “repeal amendment,” whereby two-thirds of the states could vote to repeal federal legislation. But the repeal amendment will only address unconstitutional legislation, not unconstitutional actions. States can’t repeal a stop-and-frisk that occurred last Thursday. States might, however, enact a so-called “converse-1983” action. The idea for converse-1983 laws has been around for some time but …


Crossroads And Signposts: The Ada Amendments Act Of 2008, Jeannette Cox Jan 2010

Crossroads And Signposts: The Ada Amendments Act Of 2008, Jeannette Cox

Indiana Law Journal

Although the apparent purpose of the 2008 amendments to the Americans with Disabilities Act (ADA) is solely to broaden the ADA 's protected class, the manner in which the amendments achieve this purpose erodes the statute's explicit textual support for understanding persons with disabilities as a politically subordinated minority. The amendments also strengthen the statutory link between the biological severity of a person's disability and that person's right to sue for ADA accommodations. Accordingly, for some courts, the amendments will reinforce the perception that the ADA differs from traditional civil rights law.

Federal courts' understanding of the ADA 's relationship …


Congruence And Proportionality For Congressional Enforcement Powers: Cosmetic Change Or Velvet Revolution?, Elisabeth Zoller Jan 2003

Congruence And Proportionality For Congressional Enforcement Powers: Cosmetic Change Or Velvet Revolution?, Elisabeth Zoller

Indiana Law Journal

Symposium: Congressional Power in the Shadow of the Rehnquist Court: Strategies for the Future held at Indiana University Law School, February 1-2, 2002.


Civil Liberty And The Civil War: The Indianapolis Treason Trials, William Rehnquist Oct 1997

Civil Liberty And The Civil War: The Indianapolis Treason Trials, William Rehnquist

Indiana Law Journal

No abstract provided.


In Lieu Of Preclusion: Reconciling Administrative Decisionmaking And Federal Civil Rights Claims, Marjorie A. Silver Apr 1990

In Lieu Of Preclusion: Reconciling Administrative Decisionmaking And Federal Civil Rights Claims, Marjorie A. Silver

Indiana Law Journal

No abstract provided.


Basis Of Liability In A Section 1983 Suit: When Is The State-Of-Mind Analysis Relevant?, William A. Lockhart Apr 1982

Basis Of Liability In A Section 1983 Suit: When Is The State-Of-Mind Analysis Relevant?, William A. Lockhart

Indiana Law Journal

NOTE: A printing error labeled this issue Spring 1982, it should have been labeled Summer 1982


Civil Liberties: Desegregation, Prisoners' Rights And Employment Discrimination In The Seventh Circuit, Patrick Baude, Julia C. Lamber Jan 1979

Civil Liberties: Desegregation, Prisoners' Rights And Employment Discrimination In The Seventh Circuit, Patrick Baude, Julia C. Lamber

Articles by Maurer Faculty

No abstract provided.


Clarence Brown V. General Service Administration, Edward F. Sherman Jan 1975

Clarence Brown V. General Service Administration, Edward F. Sherman

Articles by Maurer Faculty

No abstract provided.


Mr. Justice Rutledge, Fred M. Vinson Jul 1960

Mr. Justice Rutledge, Fred M. Vinson

Indiana Law Journal

No abstract provided.


Rutledge And Civil Liberties, W. Howard Mann Jul 1950

Rutledge And Civil Liberties, W. Howard Mann

Indiana Law Journal

No abstract provided.