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Articles 1 - 30 of 55
Full-Text Articles in Law
Unitariness And Myopia: The Executive Branch, Legal Process, And Torture, Cornelia Pillard
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 Insanity Defense In The Twenty-First Century: How Recent United States Supreme Court Case Law Can Improve The System, Julie E. Grachek
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.
Guidelines For The President's Legal Advisors (Including "Principles To Guide The Office Of Legal Counsel "), Dawn E. Johnsen
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.
Regulating The Commander In Chief: Some Theories, Saikrishna Prakash
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.
The National Security Agency's Domestic Spying Program: Framing The Debate (Including Relevant Documents), David Cole, Martin S. Lederman
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
"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.
Foreword To: War, Terrorism And Torture: Limits On Presidential Power In The 21st Century Symposium, Dawn E. Johnsen
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.
The Executive And The Avoidance Canon, H. Jefferson Powell
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.
Loaded Dice And Other Problems: A Further Reflection On The Statutory Commander In Chief, Christopher H. Schroeder
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
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.
Can The President Be Torturer In Chief?., Harold Hongju Koh
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
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
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
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.
The Federal Courts Of Appeals, Unpublished Decisions, And The "No-Citation Rule", Dione Christopher Greene
The Federal Courts Of Appeals, Unpublished Decisions, And The "No-Citation Rule", Dione Christopher Greene
Indiana Law Journal
No abstract provided.
A Technological Theory Of The Arms Race, Lee Kovarsky
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 …
Reconsidering Reparations, Alfred L. Brophy
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 their limited …
Juvenile Competency Statutes: A Model For State Legislation, Kellie M. Johnson
Juvenile Competency Statutes: A Model For State Legislation, Kellie M. Johnson
Indiana Law Journal
No abstract provided.
Consumer Modification Of Copyrighted Works, Alan L. Durham
Consumer Modification Of Copyrighted Works, Alan L. Durham
Indiana Law Journal
No abstract provided.
Protecting Race-Exclusive Scholarships From Extinction With An Alternative Compelling State Interest, Andrija Samardzich
Protecting Race-Exclusive Scholarships From Extinction With An Alternative Compelling State Interest, Andrija Samardzich
Indiana Law Journal
No abstract provided.
Avoiding Absurdity, Glen Staszewski
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 …
Let History Be Our Guide: Using Historical Analogies To Analyze State Response To A Post-Granholm Era, Matthew B. Mills
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.
One More Time: Alimony, Intuition, And The Remarriage-Termination Rules, Judicial Termination Rules, Al Termination Rule, Cynthia Lee Starnes
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.
Exotic Pets Invade United States Ecosystems: Legislative Failure And A Proposed Solution, Robert Brown
Exotic Pets Invade United States Ecosystems: Legislative Failure And A Proposed Solution, Robert Brown
Indiana Law Journal
No abstract provided.
Debunking The Basis Myth Under The Income Tax, Joseph M. Dodge, Jay A. Soled
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.
Conceptualizing Violence Against Pregnant Women, Deborah Tuerkheimer
Conceptualizing Violence Against Pregnant Women, Deborah Tuerkheimer
Indiana Law Journal
No abstract provided.
Davey's Deviant Discretion: An Incorporated Establishment Clause Should Require The State To Maintain Funding Neutrality, Nina S. Schultz
Davey's Deviant Discretion: An Incorporated Establishment Clause Should Require The State To Maintain Funding Neutrality, Nina S. Schultz
Indiana Law Journal
No abstract provided.
The Blaming Function Of Entity Criminal Liability, Samuel W. Buell
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 institution for a wrong. …
Dr. Jerome Hall-A North Star In My Life, Lowell E. Baier
Dr. Jerome Hall-A North Star In My Life, Lowell E. Baier
Indiana Law Journal
No abstract provided.
Secured Creditors Holding Lien Creditors Hostage: Have A Little Faith In Revised Article 9, Timothy G. Hayes
Secured Creditors Holding Lien Creditors Hostage: Have A Little Faith In Revised Article 9, Timothy G. Hayes
Indiana Law Journal
No abstract provided.