Legal Biography Commons^™

Meet Our New Faculty: Yvette Butler, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

Associate Professor Yvette T. Butler joined the Indiana Law faculty this summer. She earned an undergraduate degree from the University of Minnesota, Morris, and her law degree from The George Washington University Law School.

Ochoa, Big Ten Law Deans Pledge Support For Diversity Ahead Of Scotus Affirmative Action Ruling, The Indiana Lawyer

Christiana Ochoa (7/22-10/22 Acting; 11/2022-)

s the U.S. Supreme Court prepares to hand down a decision that could fundamentally alter affirmative action, a group of law school deans — including Dean Christiana Ochoa of the Indiana University Maurer School of Law — has issued a statement affirming the deans’ commitment to diversity.

The group of 15 deans represent Big Ten law schools, including IU Maurer. In their statement — which IU Maurer posted to its official Facebook page — the deans say they are “joining together to affirm our commitment to advancing diversity, equity, and inclusion through legally permissible means, regardless of the outcome of …

Rusk Named An American Constitution Society Next Generation Leader, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

The American Constitution Society has selected nearly two-dozen young legal professionals—including a second-year Indiana University Maurer School of Law student—for its prestigious 2023 Next Generation Leaders Program. Laura J. Rusk, an Evansville, Ind. native, is one of 23 law students from across the country selected for their exceptional leadership in work with their respective ACS chapters. The program offers various opportunities that empower the students to further develop their leadership skills and make a long-lasting impact on their communities.

Justice Scalia's Fourth Amendment: Text, Context, Clarity, And Occasional Faint-Hearted Originalism, Timothy C. Macdonnell

Scholarly Articles

Since joining the United States Supreme Court in 1986, Justice Scalia has been a prominent voice on the Fourth Amendment, having written twenty majority opinions, twelve concurrences, and six dissents on the topic. Under his pen, the Court has altered its test for determining when the Fourth Amendment should apply; provided a vision to address technology's encroachment on privacy; and articulated the standard for determining whether government officials are entitled to qualified immunity in civil suits involving alleged Fourth Amendment violations. In most of Justice Scalia's opinions, he has championed an originalist/textualist theory of constitutional interpretation. Based on that theory, …

Alexander's Genius, Mitchell N. Berman

All Faculty Scholarship

No abstract provided.

Institutional Choice In An Economic Crisis, David A. Skeel Jr.

All Faculty Scholarship

Neil Komesar’s work has transformed our understanding of how institutional analysis should be done. There is one very surprising omission from the breathtaking range of Komesar’s oeuvre, however: he has never directly applied his framework to crises. My aim in this Article is to advance, at least in a small way, our understanding of institutional choice during and after an economic crisis. Part I very briefly revisits the recent crisis, emphasizing its institutional dimensions. Part II identifies three puzzles posed by a crisis for standard Komesarian analysis. Part III then shows how Eric Posner and Adrian Vermeule’s executive-centered theory partially …

Justice Kennedy's Sixth Amendment Pragmatism, Stephanos Bibas

All Faculty Scholarship

This essay, written as part of a symposium on the evolution of Justice Kennedy’s jurisprudence, surveys three areas of criminal procedure under the Sixth Amendment: sentence enhancements, the admissibility of hearsay, and the regulation of defense counsel’s responsibilities. In each area, Justice Kennedy has been a notable voice of pragmatism, focusing not on bygone analogies to the eighteenth century but on a hard-headed appreciation of the twenty-first. He has shown sensitivity to modern criminal practice, prevailing professional norms, and practical constraints, as befits a Justice who came to the bench with many years of private-practice experience. His touchstone is not …

Rehnquist's Missing Letter: A Former Law Clerk's 1955 Thoughts On Justice Jackson And Brown, John Q. Barrett, Brad Snyder

Faculty Publications

"I think that Plessy v. Ferguson was right and should be reaffirmed." That's what Supreme Court law clerk William H. Rehnquist wrote privately in December 1952 to his boss, Justice Robert H. Jackson. When the memorandum was made public in 1971 and Rehnquist's Supreme Court confirmation hung in the balance, he claimed that the memorandum reflected Jackson's views, not Rehnquist's. Rehnquist was confirmed, but his explanation triggered charges that he had lied and smeared the memory of one of the Court's most revered justices. This Essay analyzes a newly discovered document—a letter Rehnquist wrote to Justice Felix Frankfurter in 1955, …

Portrait Of A Judge: Judith S. Kaye, Dichotomies, And State Constitutional Law, Susan Herman

Faculty Scholarship

No abstract provided.

Procedure, Politics And Power: The Role Of Congress, Stephen B. Burbank

All Faculty Scholarship

No abstract provided.

The Constitutional Contributions Of John Dickinson, Robert G. Natelson

Faculty Law Review Articles

This article explores the contributions of John Dickinson to the Constitution and as a member of the Continental Congress. Part II provides a brief biography of John Dickinson through the ratification debates. Part II discusses Dickinson's political philosophy. Part IV examines Dickinson's philosophy in action at the Constitutional Convention.

Six Opinions By Mr. Justice Stevens: A New Methodology For Constitutional Cases?, Robert F. Nagel

Publications

No abstract provided.

Justice White And Judicial Review, Philip J. Weiser

Publications

No abstract provided.

The Remarkable Career Of Joe Grano, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.

John Quincy Adams Revisited, George Anastaplo

Faculty Publications & Other Works

No abstract provided.

Abraham Lincoln And The American Regime: Explorations, George Anastaplo

Faculty Publications & Other Works

No abstract provided.

State Of Ohio V. Richard D. Chilton And State Of Ohio V. John W. Terry: The Suppression Hearing And Trial Transcripts, John Q. Barrett

Faculty Publications

This appendix to Deciding the Stop and Frisk Cases: A Look Inside the Supreme Court’s Conference, 72 St. John’s L. Rev. 749 (1998), includes Biographical Information on the Participants in the Case; and transcripts of the complete pretrial and trial proceedings in the 1964 criminal prosecutions of Richard Chilton and John Terry, arranged by Prof. Barrett to create the organization reflected in the Table of Contents at the beginning of the appendix. Footnotes were added to provide citations and, in a few instances, to clarify the text. Bracketed material was added to correct obvious slips of the tongue or the …

Focus On Faculty, Richard D. Friedman

Other Publications

Professor Richard Friedman talks about his scholarship and work.

Faculty Highlights

Alfred Aman Jr. (1991-2002)

No abstract provided.

Writing Supreme Court Biography: A Single Lens View Of A Nine-Sided Image, Stephen Wermiel

Articles in Law Reviews & Other Academic Journals

No abstract provided.

James Wilson's "Assimilation Of The Common-Law Mind", Stephen A. Conrad

Articles by Maurer Faculty

No abstract provided.

On Complaining About The Burger Court, Robert F. Nagel

Publications

No abstract provided.

A Comment On The Burger Court And "Judicial Activism", Robert F. Nagel

Publications

No abstract provided.

In Memoriam: Eberhard Menzel, Jost Delbruck

Articles by Maurer Faculty

No abstract provided.