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Articles 1 - 30 of 43
Full-Text Articles in 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, …
Respect My Authority: Analyzing Claims Of Diminished U.S. Supreme Court Influence Abroad, Aaron B. Aft
Respect My Authority: Analyzing Claims Of Diminished U.S. Supreme Court Influence Abroad, Aaron B. Aft
Indiana Journal of Global Legal Studies
This paper critiques the argument that the U.S. Supreme Court is losing influence among national and constitutional courts worldwide as a result of its nonparticipation in the emerging judicial globalization. It does so, inter alia, by reviewing two examples of how U.S. authority is cited abroad, and concludes that arguments of diminished influence appear overstated, and that changes in U.S. judicial influence are not likely due to attitudes toward citation of foreign law.
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 …
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.
"Be Careful What You Ask For": The 2000 Presidential Election, The U.S. Supreme Court, And The Law Of Criminal Procedure, Craig M. Bradley, Joseph L. Hoffmann
"Be Careful What You Ask For": The 2000 Presidential Election, The U.S. Supreme Court, And The Law Of Criminal Procedure, Craig M. Bradley, Joseph L. Hoffmann
Indiana Law Journal
No abstract provided.
Patent Law In The Age Of The Invisible Supreme Court, Mark D. Janis
Patent Law In The Age Of The Invisible Supreme Court, Mark D. Janis
Articles by Maurer Faculty
This article examines the permanence of the U.S. Supreme Court's retreat to the peripheries of patent law after the creation of the Federal Circuit, and explores the roles that the Supreme Court might imagine for itself in contemporary patent law. For discussion purposes, the article describes two hypothetical models for Supreme Court decisionmaking in patent cases: an aggressive interventionist model and an extreme non-interventionist model. After considering the shortcomings of both models, the article proposes an intermediate, managerial model. The managerial model rejects the proposition that the Court should intervene in patent cases to correct perceived substantive errors in Federal …
Cruelty And Original Intent: A Socratic Dialogue, Kent Greenfield
Cruelty And Original Intent: A Socratic Dialogue, Kent Greenfield
Indiana Law Journal
No abstract provided.
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.
Conspiracy, Literalism, And Ennui At The Supreme Court: An Examination Of Bankruptcy Cases Decided From 1990- To 1993, Bruce A. Markell
Conspiracy, Literalism, And Ennui At The Supreme Court: An Examination Of Bankruptcy Cases Decided From 1990- To 1993, Bruce A. Markell
Articles by Maurer Faculty
No abstract provided.
The Court's "Two Model" Approach To The Fourth Amendment: Carpe Diem!, Craig M. Bradley
The Court's "Two Model" Approach To The Fourth Amendment: Carpe Diem!, Craig M. Bradley
Articles by Maurer Faculty
No abstract provided.
Is Innocence Sufficient? An Essay On The U.S. Supreme Court's Continuing Problems With Federal Habeas Corpus And The Death Penalty, Joseph L. Hoffmann
Is Innocence Sufficient? An Essay On The U.S. Supreme Court's Continuing Problems With Federal Habeas Corpus And The Death Penalty, Joseph L. Hoffmann
Indiana Law Journal
No abstract provided.
Starting From Scratch: Rethinking Federal Habeas Review Of Death Penalty Cases, Joseph L. Hoffmann
Starting From Scratch: Rethinking Federal Habeas Review Of Death Penalty Cases, Joseph L. Hoffmann
Articles by Maurer Faculty
No abstract provided.
Forward: Paul Bator: Legislative And Administrative Courts Under Article Iii Symposium, Patrick L. Baude
Forward: Paul Bator: Legislative And Administrative Courts Under Article Iii Symposium, Patrick L. Baude
Indiana Law Journal
Symposium: Paul Bator: Legislative and Administrative Courts Under Article III
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.
Interest Analysis As Constitutional Law, Gene R. Shreve
Interest Analysis As Constitutional Law, Gene R. Shreve
Articles by Maurer Faculty
No abstract provided.
Recent Labor Law Decisions Of The Supreme Court, Terry A. Bethel
Recent Labor Law Decisions Of The Supreme Court, Terry A. Bethel
Articles by Maurer Faculty
This Article highlights the more notable labor and employment law decisions by the Supreme Court since the beginning of 1984.' Although the Court worked no major changes,2 it has been "tinkering and tailoring,"3 deferring to administrative interpretation or refining its own analysis from previous opinions. Even so, the Court has acted in important areas, and its decisions raise significant questions.
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.
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.
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.
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.
Original Jurisdiction Of National Supreme Courts, Wencelas J. Wagner
Original Jurisdiction Of National Supreme Courts, Wencelas J. Wagner
Articles by Maurer Faculty
No abstract provided.
In Memory Of Mr. Justice Wiley B. Rutledge, Ralph F. Fuchs
In Memory Of Mr. Justice Wiley B. Rutledge, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.
The United States Supreme Court: 1948-49, John P. Frank
The United States Supreme Court: 1948-49, John P. Frank
Articles by Maurer Faculty
No abstract provided.
Wiley B. Rutledge, 1894-1949, Ralph F. Fuchs
Wiley B. Rutledge, 1894-1949, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.
Justice Murphy: The Goals Attempted, John P. Frank
Justice Murphy: The Goals Attempted, John P. Frank
Articles by Maurer Faculty
No abstract provided.
The United States Supreme Court: 1947-48, John P. Frank
The United States Supreme Court: 1947-48, John P. Frank
Articles by Maurer Faculty
No abstract provided.
Book Review. The Roosevelt Court By C. H. Pritchett, John P. Frank
Book Review. The Roosevelt Court By C. H. Pritchett, John P. Frank
Articles by Maurer Faculty
No abstract provided.
Book Review. Lions Under The Throne By C. P. Curtis, Jr. And The Nine Young Men By W. Mccune, John P. Frank
Book Review. Lions Under The Throne By C. P. Curtis, Jr. And The Nine Young Men By W. Mccune, John P. Frank
Articles by Maurer Faculty
No abstract provided.
The United States Supreme Court: 1946-47, John P. Frank
The United States Supreme Court: 1946-47, John P. Frank
Articles by Maurer Faculty
No abstract provided.