Judges Commons^™

Managing Judicial Discretion: Qualified Immunity And Rule 12(B)(6) Motions, Zachary R. Hart

Indiana Law Journal

Qualified immunity is a judicially created doctrine that shields government officials from personal liability for civil damages. Courts applying the doctrine, which is heavily dependent on the facts of the case, must determine whether the government officials’ conduct violated a clearly established statutory or constitutional right of which a reasonable person would have known. This inquiry is discretionary as judges must determine if the alleged violation was “clearly established,” a term that the Supreme Court has defined in conflicting ways. Moreover, when federal judges conduct the qualified immunity inquiry at the Rule 12(b)(6) motion to dismiss stage, their decision is …

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 Kavanaugh Court And The Schechter-To-Chevron Spectrum: How The New Supreme Court Will Make The Administrative State More Democratically Accountable, Justin Walker

Indiana Law Journal

In a typical year, Congress passes roughly 800 pages of law—that’s about a seveninch

stack of paper. But in the same year, federal administrative agencies promulgate

80,000 pages of regulations—which makes an eleven-foot paper pillar. This move

toward electorally unaccountable administrators deciding federal policy began in

1935, accelerated in the 1940s, and has peaked in the recent decades. Rather than

elected representatives, unelected bureaucrats increasingly make the vast majority

of the nation’s laws—a trend facilitated by the Supreme Court’s decisions in three

areas: delegation, deference, and independence.

This trend is about to be reversed. In the coming years, Congress will …

Sites Of Storytelling: Supreme Court Confirmation Hearings, Patrick Barry

Indiana Law Journal

Supreme Court confirmation hearings have an interesting biographical feature: before nominees even say a word, many words are said about them. This feature—which has been on prominent display in the confirmation hearings of Judge Brett Kavanaugh—is a product of how each senator on the confirmation committee is allowed to make an opening statement. Some of these statements are, as Robert Bork remembers from his own confirmation hearing, “lavish in their praise,” some are “lavish in their denunciations,” and some are “lavish in their equivocations.” The result is a disorienting kind of biography by committee, one which produces not one all-encompassing …

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

Indiana Law Journal

No abstract provided.

Rethinking Feminist Judging, Michael E. Solimine, Susan E. Wheatley

Indiana Law Journal

No abstract provided.

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

Indiana Law Journal

No abstract provided.

William 0. Douglas: An Appreciation, Abe Fortas

Indiana Law Journal

No abstract provided.

Mr. Justice Douglas, Robert A. Sprecher

Indiana Law Journal

No abstract provided.

Justice Sherman Minton And The Balance Of Liberty, David N. Atkinson

Indiana Law Journal

No abstract provided.

The Supreme Court On Trial, By Charles S. Hyneman, William M. Beaney

Indiana Law Journal

No abstract provided.

Mr. Justice Rutledge, Fred M. Vinson

Indiana Law Journal

No abstract provided.

The Appointment Of Mr. Justice Harlan, Ellwood W. Lewis

Indiana Law Journal

No abstract provided.

Samuel E. Perkins: A Judge In Politics, Hugh P. Husband Jr.

Indiana Law Journal

No abstract provided.

Mr. Justice Rutledge - The Man, Irving Brant

Indiana Law Journal

No abstract provided.

Rutledge And Civil Liberties, W. Howard Mann

Indiana Law Journal

No abstract provided.

Other Writings

Indiana Law Journal

Addresses and Other Writings, 1927-1949, by Wiley B. Rutledge.

Supreme Court Opinions

Indiana Law Journal

Opinions Delivered as Associate Justice of the Supreme Court of the United States, April, 1943 to July, 1949.

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

Indiana Law Journal

No abstract provided.

Mr. Justice Rutledge - Law Clerks' Reflections, Victor Brudney, Richard F. Wolfson

Indiana Law Journal

No abstract provided.

Teacher Of Men, W. Willard Wirtz

Indiana Law Journal

No abstract provided.

Mr. Justice Rutledge, Hugo L. Black

Indiana Law Journal

No abstract provided.

Mr. Justice Rutledge And Full Faith And Credit, Fowler Harper

Indiana Law Journal

No abstract provided.

On Understanding The Supreme Court, By Paul A. Freund, W. Howard Mann

Indiana Law Journal

No abstract provided.

Common Mistakes In Appellate Procedure, A. J. Stevenson

Indiana Law Journal

No abstract provided.

American Bar: What Judges Can Do

Indiana Law Journal

An editorial reprinted from the American Bar Association Journal, June, 1934, with the permission of the editor of that periodical.

Cardozo And The Supreme Court, Samuel Jackson

Indiana Law Journal

No abstract provided.

The Doctrine Of The Supremacy Of The Supreme Court, Hugh E. Willis

Indiana Law Journal

No abstract provided.

The Supreme Court, Maurice H. Merrill

Indiana Law Journal

No abstract provided.