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Indiana Law Journal

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Full-Text Articles in Jurisprudence

Ordinary Causation: A Study In Experimental Statutory Interpretation, James Macleod Jul 2019

Ordinary Causation: A Study In Experimental Statutory Interpretation, James Macleod

Indiana Law Journal

In a series of recent split decisions interpreting criminal and tort-like legislation, the Supreme Court has purported to give statutory causation requirements their ordinary, plain meaning. Armed with dictionaries, examples from everyday speech, and commonsense intuitions, the Court’s majority has explained that statutory phrases like “because of” and “results from” entail but-for causation as a matter of ordinary usage. There’s just one problem: The Court’s majority (and the many state and federal courts following its lead) is wrong on the facts—specifically, the facts about how people ordinarily interpret, understand, and use causal language.

This Article considers ...


Implicit Racial Bias And Students' Fourth Amendment Rights, Jason P. Nance Jan 2019

Implicit Racial Bias And Students' Fourth Amendment Rights, Jason P. Nance

Indiana Law Journal

Tragic acts of school violence such as what occurred in Columbine, Newtown, and, more recently, in Parkland and Santa Fe, provoke intense feelings of anger, fear, sadness, and helplessness. Understandably, in response to these incidents (and for other reasons), many schools have intensified the manner in which they monitor and control students. Some schools rely on combinations of security measures such as metal detectors; surveillance cameras; drug-sniffing dogs; locked and monitored gates; random searches of students’ belongings, lockers, and persons; and law enforcement officers. Not only is there little empirical evidence that these measures actually make schools safer, but overreliance ...


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 ...


Does Rigorously Enforcing Arbitration Agreements Promote “Autonomy”?, Hiro N. Aragaki Jul 2016

Does Rigorously Enforcing Arbitration Agreements Promote “Autonomy”?, Hiro N. Aragaki

Indiana Law Journal

In recent years, the U.S. Supreme Court has helped transform arbitration law into a radical private-ordering regime in which freedom of contract has come to eclipse public regulation. Arbitration jurisprudence justifies this transformation in part on a profound and longstanding commitment to the ideal of individual autonomy, understood as the freedom—lacking in litigation—to select a disputing process best suited to one’s needs.

In this Article, I question the cogency of this justification. I argue, first, that autonomy has had different and sometimes conflicting meanings even within arbitration jurisprudence. Second, depending on the meaning one ascribes to ...


Standing For (And Up To) Separation Of Powers, Kent H. Barnett Apr 2016

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 ...


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."


Do Corporations Have Religious Beliefs?, Jason Iuliano Jan 2015

Do Corporations Have Religious Beliefs?, Jason Iuliano

Indiana Law Journal

Despite two hundred years of jurisprudence on the topic of corporate personhood, the Supreme Court has failed to endorse a philosophically defensible theory of the corporation. In this Article, I attempt to fill that void. Drawing upon the extensive philosophical literature on personhood and group agency, I argue that corporations qualify as persons in their own right. This leads me to answer the titular question with an emphatic yes. Contrary to how it first seems, that conclusion does not warrant granting expansive constitutional rights to corporations. It actually suggests the opposite. Using the Affordable Care Act’s contraception mandate as ...


Why Twombly Is Good Law (But Poorly Drafted) And Iqbal Will Be Overturned, Luke Meier Apr 2012

Why Twombly Is Good Law (But Poorly Drafted) And Iqbal Will Be Overturned, Luke Meier

Indiana Law Journal

The conventional wisdom with regard to the Supreme Court’s decisions in Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal is that these two cases work together to usher in a new era of pleading. This reading of the cases, however, is wrong. In reality, Twombly was a valid application of the uncontroversial principle that a complaint must describe the real-world events on which the suit is based with some degree of factual specificity. The Iqbal opinion, unfortunately, mangled this concept by applying it to a complaint that described the real-world events on which the suit was based with ...


Law & Politics: The Case Against Judicial Review Of Direct Democracy, Corey A. Johanningmeier Oct 2007

Law & Politics: The Case Against Judicial Review Of Direct Democracy, Corey A. Johanningmeier

Indiana Law Journal

This Note argues against strong judicial review of direct democracy. Judicial review has been the dominant answer in legal scholarship for the perceived danger of majoritarian tyranny in any democratic system. But Progressive movements throughout American history, as well as a growing number of respected law professors, have questioned the assumption that courts or even legislatures are better protectors of discrete and insular minorities than the rights-respecting populace. Although the vast majority of legal scholarship still displays a crippling cynicism about popular competence, this view cannot continue to block progressives from participating in initiative campaigns. Exclusive resort to elitist procedural ...


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.


Misplaced Angst: Another Look At Consent-Search Jurisprudence, Daniel R. Williams Jan 2007

Misplaced Angst: Another Look At Consent-Search Jurisprudence, Daniel R. Williams

Indiana Law Journal

No abstract provided.


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.


Truth?, Bruce A. Markell Oct 1997

Truth?, Bruce A. Markell

Indiana Law Journal

No abstract provided.


The American Judicial Review Quagmire: A Canadian Proposal, Caroline S. Earle Oct 1993

The American Judicial Review Quagmire: A Canadian Proposal, Caroline S. Earle

Indiana Law Journal

No abstract provided.


The Material Basis Of Jurisprudence, Richard A. Posner Jan 1993

The Material Basis Of Jurisprudence, Richard A. Posner

Indiana Law Journal

No abstract provided.


On First Considering Whether Law Binds, Rex J. Zedalis Jan 1993

On First Considering Whether Law Binds, Rex J. Zedalis

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 Concept Of Offensiveness In Establishment And Free Exercise Jurisprudence, William P. Marshall Apr 1991

The Concept Of Offensiveness In Establishment And Free Exercise Jurisprudence, William P. Marshall

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.


Sources Of Judicial Distrust Of Social Science Evidence: A Comparison Of Social Science And Jurisprudence, Constance R. Lindman Jul 1989

Sources Of Judicial Distrust Of Social Science Evidence: A Comparison Of Social Science And Jurisprudence, Constance R. Lindman

Indiana Law Journal

No abstract provided.


The Ninth Amendment's Role In The Evolution Of Fundamental Rights Jurisprudence, Geoffrey G. Slaughter Jan 1988

The Ninth Amendment's Role In The Evolution Of Fundamental Rights Jurisprudence, Geoffrey G. Slaughter

Indiana Law Journal

No abstract provided.


A Response To D.A.J. Richards' Defense Of Freewheeling Constitutional Adjudication, Raoul Berger Jul 1984

A Response To D.A.J. Richards' Defense Of Freewheeling Constitutional Adjudication, Raoul Berger

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.


Reflections On Stare Decisis, James Hardisty Oct 1979

Reflections On Stare Decisis, James Hardisty

Indiana Law Journal

No abstract provided.


Professor Dworkin's Views On Legal Positivism, Genaro R. Carrio Jan 1979

Professor Dworkin's Views On Legal Positivism, Genaro R. Carrio

Indiana Law Journal

This article was delivered on March 15 & 16, 1979, at the Indiana University School of Law, Bloomington, as a part of the Addison C. Harris lecture series.


Hardin And Medvid: A Change In Indiana's Entrapment Law, Michael Hyatte Apr 1978

Hardin And Medvid: A Change In Indiana's Entrapment Law, Michael Hyatte

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.