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Full-Text Articles in Law
Marriage Equality And A Lawyer's Role In The Emergence Of "New" Rights, Daniel J. Canon
Marriage Equality And A Lawyer's Role In The Emergence Of "New" Rights, Daniel J. Canon
Indiana Journal of Law and Social Equality
The last few decades have seen a dramatic change in the way in which Americans view LGBT rights, and the right to same-sex marriage in particular. In 1972, the Supreme Court issued its first opinion on same-sex marriage. In sharp contrast with Obergefell v. Hodges, which established the constitutional right to marriage equality in 2015, the case of Baker v. Nelson held in one sentence that the idea that such a right might exist was not even worth discussing. What happened in the intervening forty years to change the outcome so profoundly? And how can attorneys seek to replicate …
Do Corporations Have Religious Beliefs?, Jason Iuliano
Do Corporations Have Religious Beliefs?, Jason Iuliano
Indiana Law Journal
Despite two hundred years of jurisprudence on the topic of corporate personhood, the Supreme Court has failed to endorse a philosophically defensible theory of the corporation. In this Article, I attempt to fill that void. Drawing upon the extensive philosophical literature on personhood and group agency, I argue that corporations qualify as persons in their own right. This leads me to answer the titular question with an emphatic yes. Contrary to how it first seems, that conclusion does not warrant granting expansive constitutional rights to corporations. It actually suggests the opposite. Using the Affordable Care Act’s contraception mandate as a …
Fundamental Rights, Private Law, And Societal Constitution: On The Logic Of The So-Called Horizontal Effect, Florian Roedl
Fundamental Rights, Private Law, And Societal Constitution: On The Logic Of The So-Called Horizontal Effect, Florian Roedl
Indiana Journal of Global Legal Studies
The paper raises the issue of a normative justification of the horizontal effect of fundamental rights in private law. Justification in this sense means that the reasons given are neither functional nor instrumental, but that the reasons are supposed to be subject to the intrinsic logic of private law. In traditional doctrine, the reason usually given to confer horizontal effect to fundamental rights is a deferral to the constitution: The constitutional text decides whether and how fundamental rights apply to private legal relationships. This answer implies that fundamental rights are either logically or normatively alien to private law, that they …
The False Promise Of The Converse-1983 Action, John F. Preis
The False Promise Of The Converse-1983 Action, John F. Preis
Indiana Law Journal
The federal government is out of control. At least that’s what many states will tell you. Not only is the federal government passing patently unconstitutional legislation, but its street-level officers are ignoring citizens’ constitutional rights. How can states stop this federal juggernaut? Many are advocating a “repeal amendment,” whereby two-thirds of the states could vote to repeal federal legislation. But the repeal amendment will only address unconstitutional legislation, not unconstitutional actions. States can’t repeal a stop-and-frisk that occurred last Thursday. States might, however, enact a so-called “converse-1983” action. The idea for converse-1983 laws has been around for some time but …
Equal Citizenship And The Individual Right To Vote, Jospeh Fishkin
Equal Citizenship And The Individual Right To Vote, Jospeh Fishkin
Indiana Law Journal
An emerging consensus among election law scholars urges courts to break out of “the stagnant discourse of individual rights and competing state interests” and instead adopt a jurisprudence of “structural” democratic values that sidelines individual rights. This structuralist approach won out in the great “rightsstructure” debate in election law, and came to dominate the field, during a period in which the main controversies—vote dilution, gerrymandering, ballot access, campaign finance—were all ones in which the structuralist move was illuminating. However, structuralism is now causing both scholars and courts to evaluate the new wave of vote denial controversies, over such issues as …
Civil Rights In International Law: Compliance With Aspects Of The "International Bill Of Rights", Beth Simmons
Civil Rights In International Law: Compliance With Aspects Of The "International Bill Of Rights", Beth Simmons
Indiana Journal of Global Legal Studies
International law has developed what many might consider a constitutional understanding of individual civil rights that individuals can claim vis-à-vis their own governments. This article discusses the development of aspects of international law relating to civil rights and argues that if this body of law is meaningful, we should see evidence of links between acceptance of international legal obligation and domestic practices. Recognizing that external forms of enforcement of civil rights is unlikely (because doing so is not generally in the interest of potential "enforcers"), I argue that international civil rights treaties will have their greatest effect where stakeholders-local citizens-have …
Exploring The Use Of The Word "Citizen" In Writings On The Fourth Amendment, M. Isabel Medina
Exploring The Use Of The Word "Citizen" In Writings On The Fourth Amendment, M. Isabel Medina
Indiana Law Journal
Symposium: Latinos and Latinas at the Epicenter of Contemporary Legal Discourses. Indiana University School of Law-Bloomington, March 2007.
The Right Of Prisoner Access: Does Bounds Have Bounds?, Josephine R. Potuto
The Right Of Prisoner Access: Does Bounds Have Bounds?, Josephine R. Potuto
Indiana Law Journal
No abstract provided.
Section 1983 And The "Background" Of Tort Liability, Sheldon H. Nahmod
Section 1983 And The "Background" Of Tort Liability, Sheldon H. Nahmod
Indiana Law Journal
No abstract provided.
Judicial Acquiescence In The Forfeiture Of Constitutional Rights Through Expansion Of The Conditioned Privilege Doctrine
Indiana Law Journal
No abstract provided.
Prohibition Of Lawful Assembly When Opposed By Threat Of Violence
Prohibition Of Lawful Assembly When Opposed By Threat Of Violence
Indiana Law Journal
Constitutional Law Note
Political Affiliation As Qualification For Office
Political Affiliation As Qualification For Office
Indiana Law Journal
Constitutional Law Note
Civil Servants And The Right To Engage In Political Activity
Civil Servants And The Right To Engage In Political Activity
Indiana Law Journal
Notes and Comments: Constitutional Law
The Privilege Of A Negro Citizen To Vote In A Primary
The Privilege Of A Negro Citizen To Vote In A Primary
Indiana Law Journal
Notes and Comments: Constitutional Law
Another Jehovah's Witness Case
Another Jehovah's Witness Case
Indiana Law Journal
Notes and Comments: Constitutional Law
Constitutional Law-Freedom Of Speech And Press-Municipal Ordinances Restricting Distribution Of Printed Matter
Indiana Law Journal
Recent Case Notes