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Guidelines For The President's Legal Advisors (Including "Principles To Guide The Office Of Legal Counsel "), Dawn E. Johnsen Oct 2006

Guidelines For The President's Legal Advisors (Including "Principles To Guide The Office Of Legal Counsel "), Dawn E. Johnsen

Indiana Law Journal

No abstract provided.


Foreword To: War, Terrorism And Torture: Limits On Presidential Power In The 21st Century Symposium, Dawn E. Johnsen Oct 2006

Foreword To: War, Terrorism And Torture: Limits On Presidential Power In The 21st Century Symposium, Dawn E. Johnsen

Indiana Law Journal

Symposium: War, Terrorism and Torture: Limits on Presidential Power in the 21st Century. Convened by the American Constitution Society for Law and Policy and the Indiana University School of Law- Bloomington, prominent legal scholars, human rights advocates and government lawyers gathered in Bloomington on October 7, 2005.


Can The President Be Torturer In Chief?., Harold Hongju Koh Oct 2006

Can The President Be Torturer In Chief?., Harold Hongju Koh

Indiana Law Journal

Symposium: War, Terrorism and Torture: Limits on Presidential Power in the 21st Century. Convened by the American Constitution Society for Law and Policy and the Indiana University School of Law- Bloomington, prominent legal scholars, human rights advocates and government lawyers gathered in Bloomington on October 7, 2005.


The Statutory Commander In Chief, Neil Kinkopf Oct 2006

The Statutory Commander In Chief, Neil Kinkopf

Indiana Law Journal

Symposium: War, Terrorism and Torture: Limits on Presidential Power in the 21st Century. Convened by the American Constitution Society for Law and Policy and the Indiana University School of Law- Bloomington, prominent legal scholars, human rights advocates and government lawyers gathered in Bloomington on October 7, 2005.


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 ...


Finding Effective Constraints On Executive Power: Interrogation, Detention, And Torture, Deborah N. Pearlstein Oct 2006

Finding Effective Constraints On Executive Power: Interrogation, Detention, And Torture, Deborah N. Pearlstein

Indiana Law Journal

Symposium: War, Terrorism and Torture: Limits on Presidential Power in the 21st Century. Convened by the American Constitution Society for Law and Policy and the Indiana University School of Law- Bloomington, prominent legal scholars, human rights advocates and government lawyers gathered in Bloomington on October 7, 2005.


Unitariness And Myopia: The Executive Branch, Legal Process, And Torture, Cornelia Pillard Oct 2006

Unitariness And Myopia: The Executive Branch, Legal Process, And Torture, Cornelia Pillard

Indiana Law Journal

Symposium: War, Terrorism and Torture: Limits on Presidential Power in the 21st Century. Convened by the American Constitution Society for Law and Policy and the Indiana University School of Law- Bloomington, prominent legal scholars, human rights advocates and government lawyers gathered in Bloomington on October 7, 2005.


The Executive And The Avoidance Canon, H. Jefferson Powell Oct 2006

The Executive And The Avoidance Canon, H. Jefferson Powell

Indiana Law Journal

Symposium: War, Terrorism and Torture: Limits on Presidential Power in the 21st Century. Convened by the American Constitution Society for Law and Policy and the Indiana University School of Law- Bloomington, prominent legal scholars, human rights advocates and government lawyers gathered in Bloomington on October 7, 2005.


Regulating The Commander In Chief: Some Theories, Saikrishna Prakash Oct 2006

Regulating The Commander In Chief: Some Theories, Saikrishna Prakash

Indiana Law Journal

Symposium: War, Terrorism and Torture: Limits on Presidential Power in the 21st Century. Convened by the American Constitution Society for Law and Policy and the Indiana University School of Law- Bloomington, prominent legal scholars, human rights advocates and government lawyers gathered in Bloomington on October 7, 2005.


Loaded Dice And Other Problems: A Further Reflection On The Statutory Commander In Chief, Christopher H. Schroeder Oct 2006

Loaded Dice And Other Problems: A Further Reflection On The Statutory Commander In Chief, Christopher H. Schroeder

Indiana Law Journal

Symposium: War, Terrorism and Torture: Limits on Presidential Power in the 21st Century. Convened by the American Constitution Society for Law and Policy and the Indiana University School of Law- Bloomington, prominent legal scholars, human rights advocates and government lawyers gathered in Bloomington on October 7, 2005.


The War Powers Outside The Courts, William Michael Treanor Oct 2006

The War Powers Outside The Courts, William Michael Treanor

Indiana Law Journal

Symposium: War, Terrorism and Torture: Limits on Presidential Power in the 21st Century. Convened by the American Constitution Society for Law and Policy and the Indiana University School of Law- Bloomington, prominent legal scholars, human rights advocates and government lawyers gathered in Bloomington on October 7, 2005.


The National Security Agency's Domestic Spying Program: Framing The Debate (Including Relevant Documents), David Cole, Martin S. Lederman Oct 2006

The National Security Agency's Domestic Spying Program: Framing The Debate (Including Relevant Documents), David Cole, Martin S. Lederman

Indiana Law Journal

No abstract provided.


"The Pride Of Indiana": An Empirical Study Of The Law School Experience And Careers Of Indiana University School Of Law-Bloomington Alumni, Kenneth G. Dau-Schmidt, Jeffrey E. Stake, Kaushik Mukhopadhaya, Timothy Haley Oct 2006

"The Pride Of Indiana": An Empirical Study Of The Law School Experience And Careers Of Indiana University School Of Law-Bloomington Alumni, Kenneth G. Dau-Schmidt, Jeffrey E. Stake, Kaushik Mukhopadhaya, Timothy Haley

Indiana Law Journal

No abstract provided.


The Insanity Defense In The Twenty-First Century: How Recent United States Supreme Court Case Law Can Improve The System, Julie E. Grachek Oct 2006

The Insanity Defense In The Twenty-First Century: How Recent United States Supreme Court Case Law Can Improve The System, Julie E. Grachek

Indiana Law Journal

No abstract provided.


The Federal Courts Of Appeals, Unpublished Decisions, And The "No-Citation Rule", Dione Christopher Greene Oct 2006

The Federal Courts Of Appeals, Unpublished Decisions, And The "No-Citation Rule", Dione Christopher Greene

Indiana Law Journal

No abstract provided.


Reconsidering Reparations, Alfred L. Brophy Jul 2006

Reconsidering Reparations, Alfred L. Brophy

Indiana Law Journal

Eric Posner's and Adrian Vermeule's essay, Reparations for Slavery and Other Historic Injustices, seeks a framework for defining reparations and evaluating reparations claims. It explores a limited set of past reparations, as well as the connections between those asked to pay reparations and past wrongdoers, and the connections between those receiving reparations and those injured in the past. Posner and Vermeule use that framework to evaluate the morality of reparations and the legal problems that arise in implementing reparations proposals.

This Essay takes up the Posner-Vermeule analysis at several points. It challenges their limited definition of reparations and ...


Consumer Modification Of Copyrighted Works, Alan L. Durham Jul 2006

Consumer Modification Of Copyrighted Works, Alan L. Durham

Indiana Law Journal

No abstract provided.


A Technological Theory Of The Arms Race, Lee Kovarsky Jul 2006

A Technological Theory Of The Arms Race, Lee Kovarsky

Indiana Law Journal

Although the "technological arms race" has recently emerged as a vogue-ish piece of legal terminology, scholarship has quite conspicuously failed to explore the phenomenon systematically. What are "technological" arms races? Why do they happen? Does the recent spike in scholarly attention actually reflect their novelty? Are they always inefficient? How do they differ from military ones? What role can legal institutions play in slowing them down?

In this Article I seek to answer these questions. I argue that copyright enforcement and self-help represent substitutable tactics for regulating access to expressive assets, and that the efficacy of each tactic depends on ...


One More Time: Alimony, Intuition, And The Remarriage-Termination Rules, Judicial Termination Rules, Al Termination Rule, Cynthia Lee Starnes Jul 2006

One More Time: Alimony, Intuition, And The Remarriage-Termination Rules, Judicial Termination Rules, Al Termination Rule, Cynthia Lee Starnes

Indiana Law Journal

No abstract provided.


Avoiding Absurdity, Glen Staszewski Jul 2006

Avoiding Absurdity, Glen Staszewski

Indiana Law Journal

American courts have always interpreted statutes contrary to their plain meaning to avoid absurd results. John Manning, a prominent new textualist scholar, has recently challenged the legitimacy of the "absurdity doctrine" on the grounds that it cannot be justified by legislative intent or squared with principles of constitutional law. His critique relies, however, upon deeply contested economic theories of the legislative process and constitutional structure that view lawmaking as a market in which self-interested participants compete for resources.

This Article provides a comprehensive theoretical defense of the absurdity doctrine that relies instead upon significant aspects of civic republican theory, as ...


Juvenile Competency Statutes: A Model For State Legislation, Kellie M. Johnson Jul 2006

Juvenile Competency Statutes: A Model For State Legislation, Kellie M. Johnson

Indiana Law Journal

No abstract provided.


Let History Be Our Guide: Using Historical Analogies To Analyze State Response To A Post-Granholm Era, Matthew B. Mills Jul 2006

Let History Be Our Guide: Using Historical Analogies To Analyze State Response To A Post-Granholm Era, Matthew B. Mills

Indiana Law Journal

No abstract provided.


Protecting Race-Exclusive Scholarships From Extinction With An Alternative Compelling State Interest, Andrija Samardzich Jul 2006

Protecting Race-Exclusive Scholarships From Extinction With An Alternative Compelling State Interest, Andrija Samardzich

Indiana Law Journal

No abstract provided.


Dr. Jerome Hall-A North Star In My Life, Lowell E. Baier Apr 2006

Dr. Jerome Hall-A North Star In My Life, Lowell E. Baier

Indiana Law Journal

No abstract provided.


The Blaming Function Of Entity Criminal Liability, Samuel W. Buell Apr 2006

The Blaming Function Of Entity Criminal Liability, Samuel W. Buell

Indiana Law Journal

Application of the doctrine of entity criminal liability, which had only a thin tortlike rationale at inception, now sometimes instantiates a social practice of blaming institutions. Examining that social practice can ameliorate persistent controversy over entity liability's place in the criminal law. An organization's role in its agent's bad act is often evaluated with a moral slant characteristic of judgments of criminality and with inquiry into whether the institution qua institution contributed to the agent's wrong. Legal process, by lending clarity and authority, enhances the communicative impact, in the form of reputational effects, of blaming an ...


Debunking The Basis Myth Under The Income Tax, Joseph M. Dodge, Jay A. Soled Apr 2006

Debunking The Basis Myth Under The Income Tax, Joseph M. Dodge, Jay A. Soled

Indiana Law Journal

Tax basis is one of the most important, yet least studied, aspects of the income tax. This analysis calls attention to its importance and argues that taxpayers have the motivation, opportunity, and means to inflate the tax basis they have in their assets and, in some cases, to avoid the reporting of gains. We discuss the likely causes of these phenomena, estimate the probable revenue loss, and propose appropriate reforms.


Toward A Unified Test Of Personal Jurisdiction In An Era Of Widely Diffused Wrongs: The Relevance Of Purpose And Effects, C. Douglas Floyd, Shima Baradaran-Robison Apr 2006

Toward A Unified Test Of Personal Jurisdiction In An Era Of Widely Diffused Wrongs: The Relevance Of Purpose And Effects, C. Douglas Floyd, Shima Baradaran-Robison

Indiana Law Journal

No abstract provided.


Conceptualizing Violence Against Pregnant Women, Deborah Tuerkheimer Apr 2006

Conceptualizing Violence Against Pregnant Women, Deborah Tuerkheimer

Indiana Law Journal

No abstract provided.


Exotic Pets Invade United States Ecosystems: Legislative Failure And A Proposed Solution, Robert Brown Apr 2006

Exotic Pets Invade United States Ecosystems: Legislative Failure And A Proposed Solution, Robert Brown

Indiana Law Journal

No abstract provided.


Secured Creditors Holding Lien Creditors Hostage: Have A Little Faith In Revised Article 9, Timothy G. Hayes Apr 2006

Secured Creditors Holding Lien Creditors Hostage: Have A Little Faith In Revised Article 9, Timothy G. Hayes

Indiana Law Journal

No abstract provided.