Law Commons^™

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 …

Situating Structural Challenges To Agency Authority Within The Framework Of The Finality Principle, Harold J. Krent

Indiana Law Journal

No abstract provided.

Claim-Suppressing Arbitration: The New Rules, David S. Schwartz

Indiana Law Journal

Binding, pre-dispute arbitration imposed on the weaker party in an adhesion contract—so-called “mandatory arbitration”—should be recognized for what it truly is: claim-suppressing arbitration. Arguments that such arbitration processes promote access to dispute resolution have been refuted and should not continue to be made without credible empirical support. Drafters of such arbitration clauses are motivated to reduce their liability exposure and, in particular, to eliminate class claims against themselves. Furthermore, claim-suppressing arbitration violates two fundamental principles of due process: it allows one party to the dispute to make the disputing rules; and it gives the adjudicative role to a decision maker …

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.

Congruence And Proportionality For Congressional Enforcement Powers: Cosmetic Change Or Velvet Revolution?, Elisabeth Zoller

Indiana Law Journal

Symposium: Congressional Power in the Shadow of the Rehnquist Court: Strategies for the Future held at Indiana University Law School, February 1-2, 2002.

Constricting Remedies: The Rehnquist Judiciary, Congress, And Federal Power, Judith Resnik

Indiana Law Journal

Symposium: Congressional Power in the Shadow of the Rehnquist Court: Strategies for the Future held at Indiana University Law School, February 1-2, 2002.

Electing The Supreme Court, Barry Friedman, Anna Harvey

Indiana Law Journal

Symposium: Congressional Power in the Shadow of the Rehnquist Court: Strategies for the Future held at Indiana University Law School, February 1-2, 2002.

Revisiting Roe V. Wade: Substance And Process In The Abortion Debate, Margaret G. Farrell

Indiana Law Journal

No abstract provided.

What's In A Name? The Constitutionality Of Multiple "Supreme" Courts, David E. Engdahl

Indiana Law Journal

No abstract provided.

Protecting The Parties' Bargain After Misco: Court Review Of Labor Arbitration Awards, Douglas E. Ray

Indiana Law Journal

No abstract provided.

American Liberals And Judicial Activism: Alexander Bickel's Appeal From The New To The Old, Maurice J. Holland

Indiana Law Journal

No abstract provided.

Security Council Resolutions In United States Courts, Janis P. Bianchi

Indiana Law Journal

No abstract provided.

Legal Inadequacies And Doctrinal Restraints In Controlling The Military, Edward F. Sherman

Indiana Law Journal

SYMPOSIUM:

The Military After Vietnam: The Search for Legal Controls

"Time Of War" And The War Powers Resolution, Terry Moorehead Dworkin

Indiana Law Journal

No abstract provided.

Sierra Club V. Morton: Standing Trees In A Thicket Of Justiciability, Patrick L. Baude

Indiana Law Journal

No abstract provided.

Non-Reviewability Of Emergency Suspension Powers Under The Federal Insecticide, Fungicide And Rodenticide Act: Nor-Am Agricultural Products, Inc. V. Hardin, Howard B. Sandler

Indiana Law Journal

No abstract provided.

Judicial Discretion And The Freedom Of Information Act: Disclosure Denied: Consumers Union V. Veterans Administration, Judith A. Mitnick

Indiana Law Journal

No abstract provided.

District Court Review Of Nlrb Representation Proceedings, Stephen B. Goldberg

Indiana Law Journal

No abstract provided.

Adjusting The Adjustment Board: Jurisdictional And Judicial Review Amendments To Section 3 Of The Railway Labor Act

Indiana Law Journal

No abstract provided.

Reviewing Administrative Adjudications: The Controversy Re- Examined

Indiana Law Journal

No abstract provided.

Judicial Control Of Administrative Agencies In Indiana: Ii, Ralph F. Fuchs

Indiana Law Journal

No abstract provided.

Judicial Review Of Public Assistance Determinations, Hubert H. Margolies

Indiana Law Journal

No abstract provided.