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Full-Text Articles in Jurisprudence

Eliminating Circuit-Split Disparities In Federal Sentencing Under The Post-Booker Guidelines, Elliot Edwards Apr 2017

Eliminating Circuit-Split Disparities In Federal Sentencing Under The Post-Booker Guidelines, Elliot Edwards

Indiana Law Journal

This Note will explore the rarely discussed consequences that result when courts of appeals freely interpret the Sentencing Guidelines. This Note will not address appellate review of sentences in general, nor will it discuss disparities caused by trial courts. Instead, the discussion below will address a very specific situation, namely when a court of appeals vacates a sentence because, in its estimation, the trial court misapplied the Guidelines. Part I will relate the history of the recent sentencing re-form movement in America, noting particularly which bodies have the authority to decide sentencing policy. Part II will then analyze the interpretive ...


Intangible Fish And The Gulf Of Understanding: Yates V. United States And The Court's Approach To Statutory Interpretation, John M. Garvin Jan 2017

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 ...


A Referee Without A Whistle: Magistrate Judges And Discovery Sanctions In The Seventh Circuit, Landyn Wm. Rookard Jan 2016

A Referee Without A Whistle: Magistrate Judges And Discovery Sanctions In The Seventh Circuit, Landyn Wm. Rookard

Indiana Law Journal

This Note ultimately argues that, if the Seventh Circuit is not willing to reverse its holdings in Alpern v. Lieb and Retired Chicago Police Ass'n v. City of Chicago in light of recent developments, Congress should again clarify its intent. In the face of the crushing "costs of discovery [that] threaten to exceed the amount at issue in all but the largest cases," it is the Seventh Circuit's responsibility to employ all just and legal devices to comply with Congress's mandate "to secure the just, speedy, and inexpensive determination of every action and proceeding."


The Judicial Reform In China: The Status Quo And Future Directions, Ji Weidong Jan 2013

The Judicial Reform In China: The Status Quo And Future Directions, Ji Weidong

Indiana Journal of Global Legal Studies

This article shows that Chinese adjudication is in a dilemma: on one hand, the judicial discretion is extensive; on the other hand, public opinion supervision is adopted to control the discretion. In fact, the public opinion and judicial discretion could co-exist and compliment one another. There is no objective and stable framework regulating both. There are attempts aiming to completely negate the judicial discretion, such as computer sentencing. A strange logic of judicial reform exists in China: either eliminating the judicial discretion through such mechanical methods as computer sentencing in the hope to guarantee judgment in conformity with the law ...


Judicial Independence: New Challenges In Established Nations, Martin Shapiro Jan 2013

Judicial Independence: New Challenges In Established Nations, Martin Shapiro

Indiana Journal of Global Legal Studies

Because courts are both conflict-resolving and lawmaking bodies, they should be both independent and accountable. This paradox of incidence and accountability cannot be resolved but only addressed by various and shifting pragmatic accommodations between independence and accountability. Prosecutors, trial courts, appeals courts, and constitutional courts are each subject to differing consideration in arriving at such accommodations.

Moreover, courts, as courts of law, are not independent but are agents of statutory and constitutional lawmakers. Excessive emphasis on judicial independence creates the danger that authoritarian regimes may achieve a cloak of legitimacy for their laws by having them enforced by independent judiciaries ...


Judicial Activism And Fourteenth Amendment Privacy Claims: The Allure Of Originalism And The Unappreciated Promise Of Constrained Nonoriginalism, Daniel O. Conkle Jan 2009

Judicial Activism And Fourteenth Amendment Privacy Claims: The Allure Of Originalism And The Unappreciated Promise Of Constrained Nonoriginalism, Daniel O. Conkle

Articles by Maurer Faculty

Among other meanings, "judicial activism" can be defined as judicial decisionmaking that frustrates majoritarian self-government and that is unconstrained by law. So understood, judicial activism is presumptively problematic, because it frustrates customary democratic and judicial norms.

In this essay, I address originalist and nonoriginalist responses to the presumptive problem of judicial activism in the context of Fourteenth Amendment privacy claims, including claims relating to abortion, sexual conduct, and same-sex marriage. I argue that originalism is an overrated solution, largely because current understandings of originalism, despite claims to the contrary, do not provide standards of decision that are sufficiently clear to ...


Building Support For Strong, Fair, And Impartial Courts, Michael A. Wolff Jan 2007

Building Support For Strong, Fair, And Impartial Courts, Michael A. Wolff

Indiana Law Journal

Conference of Chief Justices and Conference of State Court Administrators Annual Meeting July 29-August 2, 2006 Indianapolis, Indiana.


Judicial Intervention In A Twenty-First Century Republic: Shuffling Deck Chairs On The Titanic?, Kristofor J. Hammond Apr 1999

Judicial Intervention In A Twenty-First Century Republic: Shuffling Deck Chairs On The Titanic?, Kristofor J. Hammond

Indiana Law Journal

No abstract provided.


Authoritarianism And The Rule Of Law, Lynne Henderson Apr 1991

Authoritarianism And The Rule Of Law, Lynne Henderson

Indiana Law Journal

No abstract provided.


The Limits Of A Scientific Jurisprudence: The Supreme Court And Psychology, J. Alexander Tanford Jan 1990

The Limits Of A Scientific Jurisprudence: The Supreme Court And Psychology, J. Alexander Tanford

Indiana Law Journal

No abstract provided.


Pushing Aside The General Rule In Order To Raise New Issues On Appeal, Rhett R. Dennerline Oct 1989

Pushing Aside The General Rule In Order To Raise New Issues On Appeal, Rhett R. Dennerline

Indiana Law Journal

No abstract provided.


The Meaning Of Judicial Self-Restraint, Richard A. Posner Jan 1983

The Meaning Of Judicial Self-Restraint, Richard A. Posner

Indiana Law Journal

No abstract provided.


Punitive Damages And Double Jeopardy: A Critical Perspective Of The Taber Rule, Doyal E. Mclemore Jr. Oct 1980

Punitive Damages And Double Jeopardy: A Critical Perspective Of The Taber Rule, Doyal E. Mclemore Jr.

Indiana Law Journal

No abstract provided.


Questioning Intervention Of Right -- Toward A New Methodology Of Decisionmaking, Gene R. Shreve Jan 1980

Questioning Intervention Of Right -- Toward A New Methodology Of Decisionmaking, Gene R. Shreve

Articles by Maurer Faculty

No abstract provided.


Assumption Of Risk In A Comparative Negligence System-- Doctrinal, Practical, And Policy Issues, Daniel O. Conkle Jan 1978

Assumption Of Risk In A Comparative Negligence System-- Doctrinal, Practical, And Policy Issues, Daniel O. Conkle

Articles by Maurer Faculty

The adoption of a new principle of law invariably impinges upon related legal concepts, raising issue that were not considered when the law was changed. The adoption of comparative negligence, a drastic departure from the long-held principle of contributory negligence, has forced courts to consider how the related concept of assumption of risk is affected by the change. Because there are different types of assumption of risk, and various doctrinal, practical, and policy issues, a proper determination of the role for assumption of risk in a comparative negligence system depends upon a thorough examination of many relevant considerations. Unfortunately, two ...


Federal District Court Consolidation Orders And The Final Judgment Rule Oct 1962

Federal District Court Consolidation Orders And The Final Judgment Rule

Indiana Law Journal

No abstract provided.


In Quest Of Freedom: American Political Thought And Practice, By Alpheus T. Mason And Richard H. Leach; The Supreme Court In A Free Society, By Alpheus T. Mason And William M. Beaney, Charles S. Hyneman Jul 1960

In Quest Of Freedom: American Political Thought And Practice, By Alpheus T. Mason And Richard H. Leach; The Supreme Court In A Free Society, By Alpheus T. Mason And William M. Beaney, Charles S. Hyneman

Indiana Law Journal

No abstract provided.


Appellate Review By Extraordinary Writ In Indiana Apr 1958

Appellate Review By Extraordinary Writ In Indiana

Indiana Law Journal

No abstract provided.


Court Organization And Procedures To Meet The Needs Of Modern Society, David W. Peck Jan 1958

Court Organization And Procedures To Meet The Needs Of Modern Society, David W. Peck

Indiana Law Journal

Addison C. Harris Lecture Series


The Availability Of Written Instructions To The Jury In Indiana Oct 1957

The Availability Of Written Instructions To The Jury In Indiana

Indiana Law Journal

No abstract provided.


Courts On Trial: Myth And Reality In American Justice, By Jerome Frank, Fred Rodell Oct 1949

Courts On Trial: Myth And Reality In American Justice, By Jerome Frank, Fred Rodell

Indiana Law Journal

No abstract provided.


Nuisance Or Negligence: A Study In The Tyranny Of Labels Apr 1949

Nuisance Or Negligence: A Study In The Tyranny Of Labels

Indiana Law Journal

No abstract provided.


The Balance Sheet Of Law And Religion, Frank E. Horack Jr. Jan 1946

The Balance Sheet Of Law And Religion, Frank E. Horack Jr.

Articles by Maurer Faculty

No abstract provided.


The Theory Of The Case, Bernard C. Gavit Apr 1934

The Theory Of The Case, Bernard C. Gavit

Indiana Law Journal

No abstract provided.


Progress Of The Law In The U. S. Supreme Court, 1930-31, By Gregory Hankin And Charlotte A. Hankin, Hugh E. Willis Feb 1932

Progress Of The Law In The U. S. Supreme Court, 1930-31, By Gregory Hankin And Charlotte A. Hankin, Hugh E. Willis

Indiana Law Journal

No abstract provided.


Foreign Judgments-Defense Of Fraud Jun 1931

Foreign Judgments-Defense Of Fraud

Indiana Law Journal

No abstract provided.


Pleading-Appeal And Error-Theory Of The Case Mar 1931

Pleading-Appeal And Error-Theory Of The Case

Indiana Law Journal

No abstract provided.


Coram Nobis Et Coram Vobis, W. W. Thornton Jun 1930

Coram Nobis Et Coram Vobis, W. W. Thornton

Indiana Law Journal

No abstract provided.