Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (8)
- Courts (6)
- Judges (4)
- Legal Education (2)
- Communications Law (1)
-
- Comparative and Foreign Law (1)
- Criminal Law (1)
- Criminal Procedure (1)
- Environmental Health and Protection (1)
- Environmental Law (1)
- Environmental Sciences (1)
- Immigration Law (1)
- Law and Gender (1)
- Law and Politics (1)
- Legal Biography (1)
- Legal Profession (1)
- Legislation (1)
- Natural Resources Law (1)
- Natural Resources and Conservation (1)
- Physical Sciences and Mathematics (1)
- Supreme Court of the United States (1)
- Taxation-Federal (1)
- Publication Year
Articles 1 - 15 of 15
Full-Text Articles in Law
Maurer Environmental Law Expert Is Lead Author On Science Insights Policy Forum Article, James Owsley Boyd
Maurer Environmental Law Expert Is Lead Author On Science Insights Policy Forum Article, James Owsley Boyd
Keep Up With the Latest News from the Law School (blog)
The Indiana University Maurer and McKinney Schools of Law jointly will convene leading scholars and practitioners to discuss the implications of the 2023 United States Supreme Court case of Sackett v. EPA. The event, “Sackett v. EPA: What the Supreme Court’s Decision Means for Regulation and Wetlands Conservation,” will take place November 10 in the Wynne Courtroom and Steve Tuchman and Reed Bobrick Atrium at IU McKinney in Indianapolis.
The Immigrant Struggle For Effective Counsel: An Empirical Assessment, Jayanth K. Krishnan
The Immigrant Struggle For Effective Counsel: An Empirical Assessment, Jayanth K. Krishnan
Articles by Maurer Faculty
Recently, in Department of Homeland Security v. Thuraissigiam, the Supreme Court upheld 8 U.S.C. § 1252(e)(2), a statutory provision placing restrictions on certain noncitizens from seeking habeas review in the federal judiciary. The Court focused on the Constitution’s Suspension Clause, but it also discussed the Due Process Clause, declaring that there was no violation there either.
One question which flows from this decision is whether the federal courts will soon be precluded from hearing other types of claims brought by noncitizens. Consider ineffective assistance of counsel petitions, which in the immigration law context are rooted in the Due Process Clause. …
Judicial Activism And The Interpretation Of The Voting Rights Act, Luis Fuentes-Rohwer
Judicial Activism And The Interpretation Of The Voting Rights Act, Luis Fuentes-Rohwer
Articles by Maurer Faculty
From the moment the U.S. Supreme Court first confronted the difficult constitutional questions at the heart of the Voting Rights Act, its posture has been one of deference. This posture has continued to this day. In contrast, the Court has interpreted the language of the Act dynamically, often in total disregard to the text of the law or the intent of Congress. But as this Article explains, the Roberts Court appears poised to unsettle this longstanding narrative. The Act is in serious constitutional danger. One way to explain this move on the part of the Court is by invoking the …
Navigating The New Politics Of Judicial Appointments, Ryan W. Scott, David R. Stras
Navigating The New Politics Of Judicial Appointments, Ryan W. Scott, David R. Stras
Articles by Maurer Faculty
This Review Essay explores the new politics of judicial appointments by addressing the important question whether Senate-specific reforms to the judicial appointments process are likely to succeed. In his recent book, The Next Justice, Chris Eisgruber proposes a two-part plan to repair the Supreme Court appointments process. Like many other scholars that have written in the area, Eisgruber's reforms focus primarily on the Senate. First, he proposes that the Senate get smart by asking penetrating questions about the judicial philosophy of Supreme Court nominees in an effort to ensure that the future Justices are moderates, rather than extremists. Second, he …
Storm In A Teacup: The U.S. Supreme Court’S Use Of Foreign Law, Austen L. Parrish
Storm In A Teacup: The U.S. Supreme Court’S Use Of Foreign Law, Austen L. Parrish
Articles by Maurer Faculty
In this Article, Professor Parrish explores the legitimacy of the U.S. Supreme Court's use of foreign law in constitutional adjudication. In recent years, the U.S. Supreme Court has used foreign law as persuasive authority in a number of highly contentious cases. The backlash has been spirited, with calls for foreign law to be categorically barred from constitutional adjudication, and even for Justices to be impeached if they cite to foreign sources. Last year, the condemnation of comparative constitutionalism reached a high note, as a barrage of scholarship decried the practice as illegitimate and a threat to our national sovereignty. The …
An Empirical Analysis Of Life Tenure: A Response To Professors Calabresi And Lindgren, Ryan W. Scott, David R. Stras
An Empirical Analysis Of Life Tenure: A Response To Professors Calabresi And Lindgren, Ryan W. Scott, David R. Stras
Articles by Maurer Faculty
Opposition to life tenure has been steadily mounting in the legal academy and Professors Steve Calabresi and Jim Lindgren are among those leading the charge. Crucial to their argument that life tenure is fundamentally flawed is an empirical claim that the increases in average tenure among Supreme Court Justices are both dramatic and unprecedented.
In this article, the authors respond to Calabresi and Lindgren by showing that their hypothesis of dramatic and unprecedented growth in average tenure has two fundamental flaws. First, it suffers from a period-selection problem. Rendering the data using longer or shorter periods blunts or eliminates the …
The Federal Income Tax Consequences Of The Bobble Supreme Phenomenon, Leandra Lederman
The Federal Income Tax Consequences Of The Bobble Supreme Phenomenon, Leandra Lederman
Articles by Maurer Faculty
Since 2003, the Green Bag Journal has been commissioning and distributing limited edition bobblehead likenesses of the Justices of the United States Supreme Court. Demand for the bobble Supremes has not been limited to existing recipients, and bobble longing has inspired purchases and even poetry. Given the importance of the bobble Supreme phenomenon to the national economy, the time has come for guidance on the tax consequences of their receipt, ownership, and transfer. Fortunately, draft proposed regulations on the federal income tax treatment of bobble Supremes recently surfaced. Although the regulations have not and never will be officially sanctioned (and, …
Book Review. American Constitutionalism: From Theory To Politics, Daniel O. Conkle
Book Review. American Constitutionalism: From Theory To Politics, Daniel O. Conkle
Articles by Maurer Faculty
No abstract provided.
A Law Antecedent And Paramount, Fred H. Cate
A Law Antecedent And Paramount, Fred H. Cate
Articles by Maurer Faculty
No abstract provided.
Habeas After The Revolution, Joseph L. Hoffmann, William J. Stuntz
Habeas After The Revolution, Joseph L. Hoffmann, William J. Stuntz
Articles by Maurer Faculty
No abstract provided.
Will Roe V. Wade Survive The Rehnquist Court?, Dawn E. Johnsen, Marcy Wilder
Will Roe V. Wade Survive The Rehnquist Court?, Dawn E. Johnsen, Marcy Wilder
Articles by Maurer Faculty
No abstract provided.
Beyond Carolene Products, Bruce A. Ackerman
Beyond Carolene Products, Bruce A. Ackerman
Addison Harris Lecture
No abstract provided.
Supreme Court Pays Tribute To Sherman Minton
Supreme Court Pays Tribute To Sherman Minton
Leon Wallace (1951-1952 Acting; 1952-1966)
No abstract provided.
Book Review. Essays In Constitutional Law (Robert G. Mccloskey, Ed.), W. Howard Mann
Book Review. Essays In Constitutional Law (Robert G. Mccloskey, Ed.), W. Howard Mann
Articles by Maurer Faculty
No abstract provided.
The Part Of The United States Constitution Made By The Supreme Court, Hugh Evander Willis
The Part Of The United States Constitution Made By The Supreme Court, Hugh Evander Willis
Articles by Maurer Faculty
No abstract provided.