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Articles 1 - 13 of 13

Full-Text Articles in Constitutional Law

Just-Right Government: Interstate Compacts And Multistate Governance In An Era Of Political Polarization, Policy Paralysis, And Bad-Faith Partisanship, Jon Michaels, Emme M. Tyler Apr 2023

Just-Right Government: Interstate Compacts And Multistate Governance In An Era Of Political Polarization, Policy Paralysis, And Bad-Faith Partisanship, Jon Michaels, Emme M. Tyler

Indiana Law Journal

Those committed to addressing the political, economic, and moral crises of the day— voting rights, racial justice, reproductive autonomy, gaping inequality, LGBTQ rights, and public health and safety—don’t know where to turn. Federal legislative and regulatory pathways are choked off by senators quick to filibuster and by judges eager to strike down agency rules and orders. State pathways, in turn, are compromised by limited capacity, collective action problems, externalities, scant economies of scale, and—in many jurisdictions—a toxic political culture hostile to even the most anodyne government interventions. Recognizing the limited options available on a binary (that is, federal or state) …


A Newfound Power: How The Ohio Supreme Court Should Approach The Next Partisan Gerrymander, Bradley Davis Apr 2023

A Newfound Power: How The Ohio Supreme Court Should Approach The Next Partisan Gerrymander, Bradley Davis

Indiana Law Journal

Partisan gerrymandering is a practice as old as the nation itself and a problem both state and federal courts continue to struggle with. In 2015, the people of Ohio overwhelmingly voted to amend the state constitution to prevent overly partisan outcomes in state legislative redistricting. Following the 2021 redistricting cycle, the Ohio Supreme Court narrowly struck down several redistricting proposals in what devolved into a protracted fight with legislators and executive officials. This Note carefully lays out the development of redistricting jurisprudence, Ohio’s relevant constitutional provisions, and various state and federal judicial approaches to alleged gerrymanders. Using a combination of …


Situating Structural Challenges To Agency Authority Within The Framework Of The Finality Principle, Harold J. Krent Jan 2023

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

Indiana Law Journal

No abstract provided.


Aggregate Stare Decisis, Kiel Brennan-Marquez Apr 2022

Aggregate Stare Decisis, Kiel Brennan-Marquez

Indiana Law Journal

The fate of stare decisis hangs in the wind. Different factions of the Supreme Court are now engaged in open debate—echoing decades of scholarship—about the doctrine’s role in our constitutional system. Broadly speaking, two camps have emerged. The first embraces the orthodox view that stare decisis should reflect “neutral principles” that run orthogonal to a case’s merits; otherwise, it will be incapable of keeping the law stable over time. The second argues that insulating stare decisis from the underlying merits has always been a conceptual mistake. Instead, the doctrine should focus more explicitly on the merits—by diagnosing the magnitude of …


The "Lower" Federal Courts: Judging In A Time Of Trump, Nancy Gertner Jan 2018

The "Lower" Federal Courts: Judging In A Time Of Trump, Nancy Gertner

Indiana Law Journal

To be sure, I offer only preliminary thoughts in this Essay. The Trump presidency is young. There are multiple challenges to multiple executive decisions and orders in courts across the country. A full treatment would take the reader into the robust literature on judicial decision making about context and pragmatism, with historical comparisons to other epochs where the challenges were comparable, even to empirical analyses of judging at different periods of time. I start with judging in “ordinary” times, the period during which I served. I then describe the challenges of judging in a time of Trump, and I conclude …


Limiting The Federal Pardon Power, Kristen H. Fowler Oct 2008

Limiting The Federal Pardon Power, Kristen H. Fowler

Indiana Law Journal

No abstract provided.


The Burger Court, The Commerce Clause, And The Problem Of Differential Treatment, Earl M. Maltz Jan 1979

The Burger Court, The Commerce Clause, And The Problem Of Differential Treatment, Earl M. Maltz

Indiana Law Journal

No abstract provided.


Justice Story's Doctrine Of Judicial Supremacy And The Uncertain Search For A Neutral Principle In The Charles River Bridge Case, C. Lee Mangas Jan 1977

Justice Story's Doctrine Of Judicial Supremacy And The Uncertain Search For A Neutral Principle In The Charles River Bridge Case, C. Lee Mangas

Indiana Law Journal

No abstract provided.


Justice William 0. Douglas: The Constitution In A Free Society, William M. Beaney Oct 1975

Justice William 0. Douglas: The Constitution In A Free Society, William M. Beaney

Indiana Law Journal

No abstract provided.


Judicial Discretion And The Freedom Of Information Act: Disclosure Denied: Consumers Union V. Veterans Administration, Judith A. Mitnick Apr 1970

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

Indiana Law Journal

No abstract provided.


The Commerce Power: An Instrument Of Federalism, Albert S. Abel Jul 1950

The Commerce Power: An Instrument Of Federalism, Albert S. Abel

Indiana Law Journal

No abstract provided.


Constitutional Law Dec 1939

Constitutional Law

Indiana Law Journal

Recent Case Notes: Taxation of Judges' Salaries


Constitutional Law-Court Of Claims-Legislative Courts-Reducing Judge's Salary Feb 1934

Constitutional Law-Court Of Claims-Legislative Courts-Reducing Judge's Salary

Indiana Law Journal

No abstract provided.