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Articles 1 - 24 of 24
Full-Text Articles in Legal History
Protections Against Tyranny: How Article V Should Guide Constitutional Interpretation, Mary Strong
Protections Against Tyranny: How Article V Should Guide Constitutional Interpretation, Mary Strong
Indiana Law Journal
This Note seeks to explain what Article V means for the methods of constitutional change outside of the traditional Article V amendment process. Specifically, I argue that Article V was meant to limit the federal government from usurping power without first attaining the consent of the people. Because the Supreme Court is part of the federal government and is often considered a counter-majoritarian institution, the Court cannot extend the powers of the federal government through constitutional interpretation beyond the bounds allowed in the Constitution. Therefore, the only means to change the power structure of the federal government (the balance of …
Reevaluating Politicized Identity & Notions Of An American Political Community In The Legal & Political Process, Marvin L. Astrada Jd, Phd
Reevaluating Politicized Identity & Notions Of An American Political Community In The Legal & Political Process, Marvin L. Astrada Jd, Phd
Indiana Journal of Law and Social Equality
No abstract provided.
The Recent Unpleasantness: Understanding The Cycles Of Constitutional Time, Jack M. Balkin
The Recent Unpleasantness: Understanding The Cycles Of Constitutional Time, Jack M. Balkin
Indiana Law Journal
In this Article, I will talk about what I expect is going to happen in the next five to ten years. Unlike eclipses, however, one can’t be entirely sure of the future. Politics is not astronomy, and human affairs do not operate like clockwork. Moreover, we can’t assume that everything is already foreordained: that if people simply sit on their hands and do nothing, the cycles I describe in this lecture will take care of themselves. Quite the contrary. I am telling a story about what happens in the long run, but it is not a deterministic story. The actions …
Legislative Committee Systems: A Design Perspective, Chase Stoddard
Legislative Committee Systems: A Design Perspective, Chase Stoddard
Indiana Journal of Constitutional Design
Committees are the defining characteristic of the modern legislature. While the centrality and study of party politics goes back further than committee politics, the focus on committee systems emerged over the course of the twentieth century, and legislatures could not function as we understand them without this mechanism. The United States Congressional committee system is the most studied system, yet virtually every country utilizes a committee system of some sort within its legislature. Despite their ubiquity in and centrality to the operations of legislatures, committees remain insufficiently studied, especially outside of the United States. The existing body of work tends …
Martin, Ghana, And Global Legal Studies, H. Timothy Lovelace Jr.
Martin, Ghana, And Global Legal Studies, H. Timothy Lovelace Jr.
Indiana Journal of Global Legal Studies
This brief essay uses global legal studies to reconsider Dr. Martin Luther King, Jr.'s activism after Gayle v. Browder. During this undertheorized portion of King's career, the civil rights leader traveled the world and gained a greater appreciation for comparative legal and political analysis. This essay explores King's first trip abroad and demonstrates how King's close study of Kwame Nkrumah's approaches to law reform helped to lay the foundation for watershed moments in King's own life. In To Redeem the Soul of America: The Southern Christian Leadership Conference and Martin Luther King, Jr., renowned civil rights scholar and author, Adam …
The Resilient Foundation Of Democracy: The Legal Deconstruction Of The Washington Posts's Condemnation Of Edward Snowden, Hanna Kim
Indiana Law Journal
On September 17, 2016, The Washington Post (“the Post”) made history by being the first paper to ever call for the criminal prosecution of its own source —Edward Snowden. Yet, two years prior to this editorial, the Post accepted the 2014 Pulitzer Prize in Public Service for its “revelation of widespread secret surveillance by the National Security Agency”—an honor which would not have been bestowed had Snowden not leaked the documents through this news outlet. The other three major media outlets that received and published Snowden’s documents and findings—The Guardian, The New York Times, and The Intercept—all have taken the …
North Carolina State Board Of Dental Examiners V. Ftc: Aligning Antitrust Law With Commerce Clause Jurisprudence Through A Natural Shift Of State-Federal Balance Of Power, Marie Forney
Indiana Law Journal
The Supreme Court’s holding in North Carolina State Board of Dental Examiners v. FTC (NC Dental)1 in February 2015 demonstrates a natural shift in the balance of power from the states to the national government. As the country’s interstate and international economy has become more integrated, federal authority has likewise expanded.2 And although the federalism dichotomy has undergone periodic back-and-forth “swings” since the nation’s founding, the end result has been a net increase in federal power. NC Dental exemplifies this trend toward increasing national au-thority through the organic development of interstate commerce.
Ronald Dworkin's The Moral Reading Of The Constitution: A Critique, Raoul Berger
Ronald Dworkin's The Moral Reading Of The Constitution: A Critique, Raoul Berger
Indiana Law Journal
No abstract provided.
Jack Rakove's Rendition Of Original Meaning, Raoul Berger
Jack Rakove's Rendition Of Original Meaning, Raoul Berger
Indiana Law Journal
No abstract provided.
Civil Society And The American Foundings, Jack P. Greene
Civil Society And The American Foundings, Jack P. Greene
Indiana Law Journal
No abstract provided.
The Draw And Drawbacks Of Religious Enclaves In A Constitutional Democracy: Hasidic Public Schools In Kiryas Joel, Judith Lynn Failer
The Draw And Drawbacks Of Religious Enclaves In A Constitutional Democracy: Hasidic Public Schools In Kiryas Joel, Judith Lynn Failer
Indiana Law Journal
Symposium: Law and Civil Society
The Rhetorical Constitution Of "Civil Society" At The Founding: One Lawyer's Anxious Vision, Stephen A. Conrad
The Rhetorical Constitution Of "Civil Society" At The Founding: One Lawyer's Anxious Vision, Stephen A. Conrad
Indiana Law Journal
Symposium: Law and Civil Society
The Political Process As Final Solution, Charles M. Freeland
The Political Process As Final Solution, Charles M. Freeland
Indiana Law Journal
No abstract provided.
Constitutional Authority In An Age Of Moral Indeterminacy, Ralph F. Gaebler
Constitutional Authority In An Age Of Moral Indeterminacy, Ralph F. Gaebler
Indiana Law Journal
No abstract provided.
James Madison And The Burger Court: Converging Views Of Church-State Separation, Patricia E. Curry
James Madison And The Burger Court: Converging Views Of Church-State Separation, Patricia E. Curry
Indiana Law Journal
No abstract provided.
The Dawn's Early Light: The Contributions Of John Hart Ely To Constitutional Theory, Stanley Conrad Fickle
The Dawn's Early Light: The Contributions Of John Hart Ely To Constitutional Theory, Stanley Conrad Fickle
Indiana Law Journal
No abstract provided.
Some Enduring Misconceptions Of American Constitutional History, Samuel Krislov
Some Enduring Misconceptions Of American Constitutional History, Samuel Krislov
Indiana Law Journal
No abstract provided.
The Supreme Court: Constitutional Revolution In Retrospect, By Bernard Schwartz, Irving Dilliard
The Supreme Court: Constitutional Revolution In Retrospect, By Bernard Schwartz, Irving Dilliard
Indiana Law Journal
No abstract provided.
English Constitutional History, By S.B. Chrimes, John J. Murray
English Constitutional History, By S.B. Chrimes, John J. Murray
Indiana Law Journal
No abstract provided.
The Enduring Federalist, Edited By Charles A. Beard; The Great Rehearsal, By Carl Van Doren, John P. Frank
The Enduring Federalist, Edited By Charles A. Beard; The Great Rehearsal, By Carl Van Doren, John P. Frank
Indiana Law Journal
No abstract provided.
The Constitution-1787 And Today, Walter F. Dodd
The Constitution-1787 And Today, Walter F. Dodd
Indiana Law Journal
An Address given before Indianapolis Bar Association, September 6, 1944.
In Re: Proposed Constitutional Convention, James W. Noel
In Re: Proposed Constitutional Convention, James W. Noel
Indiana Law Journal
An Address delivered before the Indiana State Bar Association, January 16, 1930
Sources Of The Constitution Of The United States Of American, By Ellis Stevens, Ivan M. Stone
Sources Of The Constitution Of The United States Of American, By Ellis Stevens, Ivan M. Stone
Indiana Law Journal
No abstract provided.
Our Federal Republic, By Harry Pratt Judson, Oliver P. Field
Our Federal Republic, By Harry Pratt Judson, Oliver P. Field
Indiana Law Journal
No abstract provided.