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Articles 1 - 5 of 5
Full-Text Articles in Jurisprudence
An Alternative Path To Rule Of Law? Thailand's Twenty-First Century Administrative Courts, Frank Munger
An Alternative Path To Rule Of Law? Thailand's Twenty-First Century Administrative Courts, Frank Munger
Indiana Journal of Global Legal Studies
This study examines why courts made sense to those who established them and how the courts' authority is being utilized. For relatively powerless and resource-poor litigants, barriers to litigation may be many, but when these barriers are overcome, administrative courts exercise extraordinary influence, even when they fail to render a decision fully vindicating a plaintiffs legal rights. Administrative courts serve multiple functions, not only by exercising power, in the famed words of Chief Justice Marshall, "to say what the law is," 13 but also by decentering the concentrated power of Thailand's insular and tradition bound ministries as well as its …
Standing For (And Up To) Separation Of Powers, Kent H. Barnett
Standing For (And Up To) Separation Of Powers, Kent H. Barnett
Indiana Law Journal
The U.S. Constitution requires federal agencies to comply with separation-of-powers (or structural) safeguards, such as by obtaining valid appointments, exercising certain limited powers, and being sufficiently subject to the President’s control. Who can best protect these safeguards? A growing number of scholars would allow only the political branches—Congress and the President—to defend them. These scholars would limit or end judicial review because private judicial challenges are aberrant to justiciability doctrine and lead courts to meddle in minor matters that rarely affect regulatory outcomes.
This Article defends the right of private parties to assert justiciable structural causes of action, arguing that …
Not (Necessarily) Narrower: Rethinking The Relative Scope Of Copyright Protection For Designs, Sarah Burstein
Not (Necessarily) Narrower: Rethinking The Relative Scope Of Copyright Protection For Designs, Sarah Burstein
IP Theory
No abstract provided.
Recalibrating Our Empirical Understanding Of Inequitable Conduct, Jason Rantanen
Recalibrating Our Empirical Understanding Of Inequitable Conduct, Jason Rantanen
IP Theory
No abstract provided.
As I Was Saying....A Selection Of Lectures And Informal Talks On Law And Universities And The Communities That Usually Tolerate And Sometimes Support Them, William Burnett Harvey
As I Was Saying....A Selection Of Lectures And Informal Talks On Law And Universities And The Communities That Usually Tolerate And Sometimes Support Them, William Burnett Harvey
Historic Documents
A 349 page collection of talks and recollections compiled by former Indiana University School of Law Dean, William Burnett Harvey. The collection is broken down into four parts: Reflections on the Rule of Law, The African Experience, Reflections on Education, Universities and Law, and Miscellaneous Musings.
Two appendixes are included. The first is a bibliography, and the second is two narrative accounts of Harvey's time in Ghana and his final years at Indiana University during the turbulent 1960s.