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Articles 1 - 12 of 12
Full-Text Articles in Law
The Living Constitution: Why The Supreme Court Must Part Ways With Exclusionary Eminent Domain, Aaron Mackay
The Living Constitution: Why The Supreme Court Must Part Ways With Exclusionary Eminent Domain, Aaron Mackay
Indiana Law Journal
The Fifth Amendment’s “public use” requirement for takings is no longer a requirement at all. Instead, the meaning of “public use” has been expanded far beyond its original intent and public understanding. The broadening of the “public use” requirement reached its breaking point in Kelo. Since Kelo, state legislatures have responded by restricting eminent domain use to remove “blighted” areas. In effect, contemporary eminent domain reduces the availability of affordable housing, which has exacerbated the affordable housing crisis. This Note explores a constitutionally permissible re-working of the eminent domain doctrine to encourage the provision of affordable housing. Interpreting the “public …
Devotion ̶T̶O̶ And The Rule Of Law: Acknowledging The Role Of Religious Values In Judicial Decision-Making, Priya Purohit
Devotion ̶T̶O̶ And The Rule Of Law: Acknowledging The Role Of Religious Values In Judicial Decision-Making, Priya Purohit
Indiana Law Journal
This Comment advocates for the acknowledgment of religious values in judicial decision-making in three parts. Part I explores the role of religion in American politics, and more specifically, the role of religion in federal judicial confirmation hearings and state-level judicial elections. Membership to an institutionalized religion often performs an essential gatekeeping function when it comes to assessing the background or personal values of a candidate for political or judicial office. The initially positive role of religion in judicial selection processes suggests that the practice of refusing to acknowledge the role that religion likely already plays in judicial decision-making is wholly …
Reciprocal Immunity, Colin Miller
Reciprocal Immunity, Colin Miller
Indiana Law Journal
This essay advances a reciprocal rights theory. It argues that the Constitution precludes statutes and rules from providing nonreciprocal benefits to the State when the lack of reciprocity interferes with the defendant’s ability to secure a fair trial, unless reciprocity would implicate a significant state interest. Therefore, unless a significant State interest is involved, a grant of immunity to a prosecution witness should trigger reciprocal immunity to a directly contradictory defense witness.
Taking The Oceanfront Lot, Josh Eagle
Taking The Oceanfront Lot, Josh Eagle
Indiana Law Journal
Oceanfront landowners and states share a property boundary that runs between the wet and dry parts of the shore. This legal coastline is different from an ordinary land boundary. First, on sandy beaches, the line is constantly in flux, and it cannot be marked except momentarily. Without the help of a surveyor and a court, neither the landowner nor a citizen walking down the beach has the ability to know exactly where the line lies. This uncertainty means that, as a practical matter, ownership of some part of the beach is effectively shared. Second, the common law establishes that the …
Modern Confession Law After Duckworth V. Eagan: What's The Use Of Explaining?, Julia C. Weissman
Modern Confession Law After Duckworth V. Eagan: What's The Use Of Explaining?, Julia C. Weissman
Indiana Law Journal
No abstract provided.
Jurisdictional Limitations On Intangible Property In Eminent Domain: Focus On The Indianapolis Colts, Ellen Z. Mufson
Jurisdictional Limitations On Intangible Property In Eminent Domain: Focus On The Indianapolis Colts, Ellen Z. Mufson
Indiana Law Journal
No abstract provided.
The Right To Counsel In Prosecutorial Interrogations, Daniel E. Serban
The Right To Counsel In Prosecutorial Interrogations, Daniel E. Serban
Indiana Law Journal
NOTE: A printing error labeled this issue Spring 1982, it should have been labeled Summer 1982
The Constitutional Protection Of Private Papers: The Role Of A Hierarchical Fourth Amendment, James A. Mckenna
The Constitutional Protection Of Private Papers: The Role Of A Hierarchical Fourth Amendment, James A. Mckenna
Indiana Law Journal
No abstract provided.
Potentiality Of Incarceration: A Proposed Standard For The Applicability Of Miranda To Nonfelony Offenses, Mark J. Roberts
Potentiality Of Incarceration: A Proposed Standard For The Applicability Of Miranda To Nonfelony Offenses, Mark J. Roberts
Indiana Law Journal
No abstract provided.
The Algiers Motel Incident, By John Hersey, F. Thomas Schornhorst, Joseph Schraibman
The Algiers Motel Incident, By John Hersey, F. Thomas Schornhorst, Joseph Schraibman
Indiana Law Journal
No abstract provided.
Right To Counsel In Criminal Tax Investigations, Norvie L. Lay
Right To Counsel In Criminal Tax Investigations, Norvie L. Lay
Indiana Law Journal
No abstract provided.
Application Of The Self-Incrimination Clause To The Compulsory Production Of Books And Papers Required To Be Kept By Statute
Indiana Law Journal
Constitutional Law Note