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Full-Text Articles in Law

Executive Branch Fact Deference As A Separation Of Powers Principle, Emily A. Kile Oct 2017

Executive Branch Fact Deference As A Separation Of Powers Principle, Emily A. Kile

Indiana Law Journal

This Note concludes that, although Zivotofsky I provides a basis for judicial review of the legality of the Obama Administration’s “hostilities” determination (and, by extension, other questions of statutory interpretation related to foreign affairs), that review could be blunted by judicial deference to the executive branch’s factual determinations relevant to whether the Libyan airstrikes constituted “hostilities” within the War Powers Resolution. By addressing the political question doctrine’s history and the response to Zivotofsky I, this Note will explore whether the political question doctrine—particularly in cases of statutory interpretation—has lost some of its force as a justiciability doctrine. This Note will …


Intangible Fish And The Gulf Of Understanding: Yates V. United States And The Court's Approach To Statutory Interpretation, John M. Garvin Jan 2017

Intangible Fish And The Gulf Of Understanding: Yates V. United States And The Court's Approach To Statutory Interpretation, John M. Garvin

Indiana Law Journal

Is a fish a tangible object? The answer in most cases is obviously “yes.” But in Yates v. United States, the Supreme Court held that fish are outside the meaning of the phrase “tangible object” as it is used in the Sarbanes–Oxley Act of 2002. This Note argues that the Yates decision provides a lens with which to examine the Court’s contemporary methods of statutory interpretation. In adopting the textualist vocabulary most famously associated with the late Justice Scalia, the Justices have committed to speaking the same language. Still, fundamental differences between the Justices remain. These differences expose the …


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.


Statutory Interpretation And Mr. Justice Rutledge, Nathaniel L. Nathanson Jul 2000

Statutory Interpretation And Mr. Justice Rutledge, Nathaniel L. Nathanson

Indiana Law Journal

No abstract provided.


What Is Law? A Search For Legal Meaning And Good Judging Under A Textualist Lens, Roger Colinvaux Oct 1997

What Is Law? A Search For Legal Meaning And Good Judging Under A Textualist Lens, Roger Colinvaux

Indiana Law Journal

No abstract provided.


Law-Making Responsibility And Statutory Interpretation, William D. Popkin Jul 1993

Law-Making Responsibility And Statutory Interpretation, William D. Popkin

Indiana Law Journal

No abstract provided.


Symmetries Of Access In Civil Rights Litigation: Politics, Pragmatism And Will, Gene R. Shreve Jan 1990

Symmetries Of Access In Civil Rights Litigation: Politics, Pragmatism And Will, Gene R. Shreve

Indiana Law Journal

No abstract provided.


Justice Rehnquist, Statutory Interpretation, The Policies Of Clear Statement, And Federal Jurisdiction, William V. Luneburg Jan 1983

Justice Rehnquist, Statutory Interpretation, The Policies Of Clear Statement, And Federal Jurisdiction, William V. Luneburg

Indiana Law Journal

No abstract provided.


Statutory Interpretation: A Peek Into The Mind And Will Of A Legislature, Reed Dickerson Jan 1975

Statutory Interpretation: A Peek Into The Mind And Will Of A Legislature, Reed Dickerson

Indiana Law Journal

No abstract provided.


The Essential Focus Of Statutory Interpretation, Joseph P. Witherspoon Jul 1961

The Essential Focus Of Statutory Interpretation, Joseph P. Witherspoon

Indiana Law Journal

Symposium on Judicial Lawmaking in Relation to Statutes, presented at the Association of American Law Schools' Round Table on Legislation, Philadelphia, December, 1960.


Void For Vagueness: An Escape From Statutory Interpretation Apr 1948

Void For Vagueness: An Escape From Statutory Interpretation

Indiana Law Journal

Constitutional Law Note


Construction Of Written Instruments (Part 2), Richard R. Powell Apr 1939

Construction Of Written Instruments (Part 2), Richard R. Powell

Indiana Law Journal

No abstract provided.