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Full-Text Articles in Law
Executive Branch Fact Deference As A Separation Of Powers Principle, Emily A. Kile
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
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
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
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
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
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
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
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
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
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
Void For Vagueness: An Escape From Statutory Interpretation
Indiana Law Journal
Constitutional Law Note
Construction Of Written Instruments (Part 2), Richard R. Powell
Construction Of Written Instruments (Part 2), Richard R. Powell
Indiana Law Journal
No abstract provided.