Jurisprudence Commons^™

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 …

Sticks, Stones, And So-Called Judges: Why The Era Of Trump Necessitates Revisiting Presidential Influence On The Courts, Quinn W. Crowley

Indiana Law Journal

This Note will be primarily divided into three main sections. Part I of this Note will begin by discussing the importance of judicial independence in modern society and the role of elected officials in shaping the public perception of the courts. Additionally, as problems of judicial legitimacy are age-old and date back to America’s founding, Part I will include a brief discussion of an early clash between President Thomas Jefferson and the courts.

Parts II and III of this Note will seek to place President Trump’s conduct towards the judicial branch within the proper historical context. Part II examines the …

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

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 the …

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."

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

Indiana Law Journal

No abstract provided.

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

Indiana Law Journal

No abstract provided.

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

Indiana Law Journal

No abstract provided.

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

Indiana Law Journal

No abstract provided.

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

Indiana Law Journal

No abstract provided.

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

Indiana Law Journal

Addison C. Harris Lecture Series

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

Indiana Law Journal

No abstract provided.

Nuisance Or Negligence: A Study In The Tyranny Of Labels

Indiana Law Journal

No abstract provided.

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

Indiana Law Journal

No abstract provided.

Foreign Judgments-Defense Of Fraud

Indiana Law Journal

No abstract provided.

Pleading-Appeal And Error-Theory Of The Case

Indiana Law Journal

No abstract provided.

Coram Nobis Et Coram Vobis, W. W. Thornton

Indiana Law Journal

No abstract provided.