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Jurisprudence Commons

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Articles 1 - 4 of 4

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 a novel approach to …


Sticks, Stones, And So-Called Judges: Why The Era Of Trump Necessitates Revisiting Presidential Influence On The Courts, Quinn W. Crowley Jan 2019

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 …


Judgment-Action Upon-Application Of Statute Of Limitations May 1930

Judgment-Action Upon-Application Of Statute Of Limitations

Indiana Law Journal

No abstract provided.


The Lien Of Federal Judgments And Decrees, Charles P. Wattles Feb 1929

The Lien Of Federal Judgments And Decrees, Charles P. Wattles

Indiana Law Journal

Editor's note:-In view of the probability of the present General Assembly's remedying the situation discussed in this article, the author felt that the time for publishing it had passed. The editor believes that the article, with its complete presentation of the history of the Federal statutes dealing with Federal liens, and its clarifying discussion of the decisions of the Federal courts pertinent thereto, will be of great value to the profession, as an aid in interpreting and applying whatever statute the General Assembly may enact, as well as a source of light on present property interests as affected by past …