Open Access. Powered by Scholars. Published by Universities.®

Constitutional Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 21 of 21

Full-Text Articles in Constitutional Law

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.


The Resilient Foundation Of Democracy: The Legal Deconstruction Of The Washington Posts's Condemnation Of Edward Snowden, Hanna Kim Apr 2018

The Resilient Foundation Of Democracy: The Legal Deconstruction Of The Washington Posts's Condemnation Of Edward Snowden, Hanna Kim

Indiana Law Journal

On September 17, 2016, The Washington Post (“the Post”) made history by being the first paper to ever call for the criminal prosecution of its own source —Edward Snowden. Yet, two years prior to this editorial, the Post accepted the 2014 Pulitzer Prize in Public Service for its “revelation of widespread secret surveillance by the National Security Agency”—an honor which would not have been bestowed had Snowden not leaked the documents through this news outlet. The other three major media outlets that received and published Snowden’s documents and findings—The Guardian, The New York Times, and The Intercept—all have taken the …


The Framers' Intent: John Adams, His Era, And The Fourth Amendment, Thomas K. Clancy Jul 2011

The Framers' Intent: John Adams, His Era, And The Fourth Amendment, Thomas K. Clancy

Indiana Law Journal

No abstract provided.


First Amendment Investigations And The Inescapable Pragmatism Of The Common Law Of Free Speech, Lawrence Rosenthal Jan 2011

First Amendment Investigations And The Inescapable Pragmatism Of The Common Law Of Free Speech, Lawrence Rosenthal

Indiana Law Journal

No abstract provided.


Signing Unconstitutional Laws, William Baude Jan 2011

Signing Unconstitutional Laws, William Baude

Indiana Law Journal

It has become fairly common for Presidents to sign laws that they think are unconstitutional, at least in part. Some scholars argue that this is unconstitutional. Others defend it, but on pragmatic grounds, as if one cannot afford to be a constitutional formalist in today’s government.

Both sides are wrong. In a wide range of cases, there is nothing wrong with signing unconstitutional laws. Indeed, it is required. Yet the President must exercise this power responsibly. He must have other constitutional duties that justify signing the remainder of the bill into law, and he must be prepared to use his …


Regulating Student Speech: Suppression Versus Punishment, Emily Gold Waldman Jul 2010

Regulating Student Speech: Suppression Versus Punishment, Emily Gold Waldman

Indiana Law Journal

No abstract provided.


Free Speech And National Security, Geoffrey R. Stone Jul 2009

Free Speech And National Security, Geoffrey R. Stone

Indiana Law Journal

Symposium: An Ocean Apart? Freedom of Expression in Europe and the United States. This Article was originally written in French and delivered as a conference paper at a symposium held by the Center for American Law of the University of Paris II (Panthèon-Assas) on January 18-19, 2008.


Exploring The Use Of The Word "Citizen" In Writings On The Fourth Amendment, M. Isabel Medina Oct 2008

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.


Constitutional Possibilities, Lawrence B. Solum Jan 2008

Constitutional Possibilities, Lawrence B. Solum

Indiana Law Journal

No abstract provided.


The War Powers Outside The Courts, William Michael Treanor Oct 2006

The War Powers Outside The Courts, William Michael Treanor

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.


Structuring Sentencing: Apprendi, The Offense Of Conviction, And The Limited Role Of Constitutional Law, Benjamin J. Priester Oct 2004

Structuring Sentencing: Apprendi, The Offense Of Conviction, And The Limited Role Of Constitutional Law, Benjamin J. Priester

Indiana Law Journal

No abstract provided.


The Right Of The People To Keep And Bear Arms Shall Not Be Litigated Away: Constitutional Implications Of Municipal Lawsuits Against The Gun Industry, William L. Mccoskey Oct 2002

The Right Of The People To Keep And Bear Arms Shall Not Be Litigated Away: Constitutional Implications Of Municipal Lawsuits Against The Gun Industry, William L. Mccoskey

Indiana Law Journal

No abstract provided.


Architexture, Akhil Reed Amar Oct 2002

Architexture, Akhil Reed Amar

Indiana Law Journal

Addison C. Harris Lecture, March 20, 2002


Globalization In Search Of Justification: Toward A Theory Of Comparative Constitutional Interpretation, Sujit Choudhry Jul 1999

Globalization In Search Of Justification: Toward A Theory Of Comparative Constitutional Interpretation, Sujit Choudhry

Indiana Law Journal

No abstract provided.


The Draw And Drawbacks Of Religious Enclaves In A Constitutional Democracy: Hasidic Public Schools In Kiryas Joel, Judith Lynn Failer Apr 1997

The Draw And Drawbacks Of Religious Enclaves In A Constitutional Democracy: Hasidic Public Schools In Kiryas Joel, Judith Lynn Failer

Indiana Law Journal

Symposium: Law and Civil Society


Choice Of Law And The Forgiving Constitution, Gene R. Shreve Apr 1996

Choice Of Law And The Forgiving Constitution, Gene R. Shreve

Indiana Law Journal

No abstract provided.


Measured Constitutional Steps, Lisa A. Kloppenberg Apr 1996

Measured Constitutional Steps, Lisa A. Kloppenberg

Indiana Law Journal

No abstract provided.


Constitutional Analysis Of Indiana's Controlled Substance Excise Tax, F. Anthony Paganelli Oct 1995

Constitutional Analysis Of Indiana's Controlled Substance Excise Tax, F. Anthony Paganelli

Indiana Law Journal

No abstract provided.


Is Moral Relativism A Constitutional Command?, Steven G. Gey Apr 1995

Is Moral Relativism A Constitutional Command?, Steven G. Gey

Indiana Law Journal

No abstract provided.


Ninth Life: An Interpretive Theory Of The Ninth Amendment, Chase J. Sanders Jul 1994

Ninth Life: An Interpretive Theory Of The Ninth Amendment, Chase J. Sanders

Indiana Law Journal

No abstract provided.


Constitutional Law-Double Jeopardy-Identity Of Offenses Feb 1935

Constitutional Law-Double Jeopardy-Identity Of Offenses

Indiana Law Journal

No abstract provided.