Open Access. Powered by Scholars. Published by Universities.®

Legal History Commons

Open Access. Powered by Scholars. Published by Universities.®

Maurer School of Law: Indiana University

Discipline
Keyword
Publication Year
Publication
Publication Type

Articles 1 - 30 of 259

Full-Text Articles in Legal History

The Recent Unpleasantness: Understanding The Cycles Of Constitutional Time, Jack M. Balkin Jan 2019

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 ...


Legislative Committee Systems: A Design Perspective, Chase Stoddard Oct 2018

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 ...


Spring 2018 Magazine Apr 2018

Spring 2018 Magazine

Ergo

No abstract provided.


The Resilient Foundation Of Democracy: The Legal Deconstruction Of The Washington Posts's Condemnation Of Edward Snowden, Hanna Kim Apr 2018

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 ...


Understanding The Complicated Landscape Of Civil War Monuments, Jessica Owley, Jess Phelps Jan 2018

Understanding The Complicated Landscape Of Civil War Monuments, Jessica Owley, Jess Phelps

Indiana Law Journal

This essay examines the controversy regarding confederate monuments and attempts to contextualize this debate within the current preservation framework. While much attention has been paid to this topic over the past year, particularly with regard to “public” monuments, such discussion has generally failed to recognize the varied and complicated property law layers involved—which can fundamentally change the legal requirements for modification or removal. We propose a spectrum or framework for assessing these resources ranging from public to private, and we explore the messy space in-between these poles where most monuments actually fall. By highlighting these categories, we provide an ...


Dean's Desk: Past And Present, Women Play Key Roles At Iu Maurer, Austen L. Parrish Nov 2017

Dean's Desk: Past And Present, Women Play Key Roles At Iu Maurer, Austen L. Parrish

Austen Parrish (2014-)

Under first lady Laurie Burns McRobbie’s leadership, Indiana University founded Women’s Philanthropy as one way to celebrate alumnae leadership and to make the achievements of our most talented and trailblazing women graduates more visible. As the IU Maurer School of Law’s 175th year draws to a close, consistent with these larger University efforts, it’s an opportune time to celebrate some of the law school’s extraordinary women graduates. Their stories are powerful and inspiring, and I’m pleased to share just a few.


Maurer School Of Law Marks 175 Years Of History, Austen L. Parrish Jan 2017

Maurer School Of Law Marks 175 Years Of History, Austen L. Parrish

Articles by Maurer Faculty

No abstract provided.


The Prosser Myth Of Transferred Intent, Peter B. Kutner Jul 2016

The Prosser Myth Of Transferred Intent, Peter B. Kutner

Indiana Law Journal

The main theme of this Article is that Prosser advanced a mythical doctrine of transferred intent. What Prosser asserted to be the law was not the law when he wrote his article on transferred intent and amended his treatise. The cases he relied on to support his conclusions on transferred intent did not support them. Moreover, despite Prosser’s great influence on American tort law, Prosser’s position on transferred intent is not the law now and should not be. Its consequences are undesirable. Recognition of transferred intent as a basis of liability is due primarily to its inclusion in ...


Funeral Notice Apr 2016

Funeral Notice

David McDonald (1842-1853)

Funeral notice for David McDonald's wife, Mary R. McDonald.


Gateways To Opportunity: China Gateway Apr 2016

Gateways To Opportunity: China Gateway

Austen Parrish (2014-)

No abstract provided.


Vol. 50, No. 06 (February 22, 2016) Feb 2016

Vol. 50, No. 06 (February 22, 2016)

Indiana Law Annotated

No abstract provided.


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 Jan 2016

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.


Vol. 49, No. 06 (September 28, 2015) Sep 2015

Vol. 49, No. 06 (September 28, 2015)

Indiana Law Annotated

No abstract provided.


September 2015 Newsletter Sep 2015

September 2015 Newsletter

Ergo

No abstract provided.


The Naming Of Baier Hall And The Jerome Hall Law Library Program May 2015

The Naming Of Baier Hall And The Jerome Hall Law Library Program

Law School Building

A video of the ceremony can be viewed here.


2015 Academy Of Law Alumni Fellows Dinner And Induction Ceremony Invitation Apr 2015

2015 Academy Of Law Alumni Fellows Dinner And Induction Ceremony Invitation

Academy of Law Alumni Fellows

No abstract provided.


Charles A. Beard & The Columbia School Of Political Economy: Revisiting The Intellectual Roots Of The Beardian Thesis, Ajay K. Mehrotra Jan 2014

Charles A. Beard & The Columbia School Of Political Economy: Revisiting The Intellectual Roots Of The Beardian Thesis, Ajay K. Mehrotra

Articles by Maurer Faculty

A century after it was first published, Charles A. Beard’s An Economic Interpretation of the Constitution remains a significant and controversial part of constitutional scholarship and history. Just as Beard sought to historicize the Founders as they drafted and adopted the Constitution, this article attempts to historicize Beard as he researched and wrote his classic text on the Constitution. Because Beard was both a graduate student and professor at Columbia University before and while he researched and wrote his book, this article explores the particular influence that Columbia University’s institutional and intellectual climate may have had on Beard ...


2013 Distinguished Service Award Ceremony Program Sep 2013

2013 Distinguished Service Award Ceremony Program

Distinguished Service Awards

No abstract provided.


Newman, J., Dissenting: Another Vision Of The Federal Circuit, Blake R. Hartz Oct 2012

Newman, J., Dissenting: Another Vision Of The Federal Circuit, Blake R. Hartz

IP Theory

No abstract provided.


On The Incompatibility Of Political Virtue And Judicial Review: A Neo-Aristotelean Perspective, Ralph F. Gaebler Jan 2011

On The Incompatibility Of Political Virtue And Judicial Review: A Neo-Aristotelean Perspective, Ralph F. Gaebler

Articles by Maurer Faculty

Part I of this essay outlines a neo-Aristotelean theory of political virtue, an instance of virtue generally, that serves as the basis of excellent citizenship in the polis. As such, political virtue contributes its share to the achievement of eudaimonia, or the fulfillment of an individual’s natural, human function. In fact, political virtue is especially important because people are political beings, i.e. they seek the good most comprehensively in the context of association with others. Therefore, Aristotle describes politics as the master science of the supreme good, because politics orders the community of the polis and thereby establishes ...


Book Review. Louis D. Brandeis And The Making Of Regulated Competition, 1900-1932 By Gerald Berk, Ajay K. Mehrotra Jan 2011

Book Review. Louis D. Brandeis And The Making Of Regulated Competition, 1900-1932 By Gerald Berk, Ajay K. Mehrotra

Articles by Maurer Faculty

No abstract provided.


Lawyers, Guns & Public Monies: The U.S. Treasury, World War One, And The Administration Of The Modern Fiscal State, Ajay K. Mehrotra Jan 2010

Lawyers, Guns & Public Monies: The U.S. Treasury, World War One, And The Administration Of The Modern Fiscal State, Ajay K. Mehrotra

Articles by Maurer Faculty

The First World War was a pivotal event for American political and economic development, particularly in the realm of public finance. For it was during the war years that the federal government ended its traditional reliance on regressive import duties and excise taxes as principal sources of revenue and began a modern era of fiscal governance, one based primarily on the direct and progressive taxation of personal and corporate income. Like other aspects of war mobilization, this fiscal revolution required an enormous infusion of national administrative resources. Nowhere was this more evident than within the corridors of the U.S ...


The Price Of Conflict: War, Taxes, And The Politics Of Fiscal Citizenship, Ajay K. Mehrotra Jan 2010

The Price Of Conflict: War, Taxes, And The Politics Of Fiscal Citizenship, Ajay K. Mehrotra

Articles by Maurer Faculty

Since 2003 American political leaders and lawmakers have been committed to the simultaneous pursuit of tax cuts and military excursions abroad. Just a few decades ago, when military hawks were also deficit hawks, such a position would have seemed incongruous. This essay reviews, War and Taxes, a provocative and fascinating new book that seeks to explain the apparent dissonance of recent American wartime tax policy. In contrast to conventional wisdom which presumes that wartime patriotism has always and everywhere trumped self-interest, War and Taxes shows that the history of U.S. wartime taxation is not quite such a heroic tale ...


Anger, Irony, And The Formal Rationality Of Professionalism, Ajay K. Mehrotra Jan 2010

Anger, Irony, And The Formal Rationality Of Professionalism, Ajay K. Mehrotra

Articles by Maurer Faculty

No abstract provided.


"Render Unto Caesar...": Religion/Ethics, Expertise, And The Historical Underpinnings Of The Modern American Tax System, Ajay K. Mehrotra Jan 2009

"Render Unto Caesar...": Religion/Ethics, Expertise, And The Historical Underpinnings Of The Modern American Tax System, Ajay K. Mehrotra

Articles by Maurer Faculty

A variety of scholars and commentators have been recently exploring the connections between religion and current U.S. tax policy. The relationship between religion and American taxation, however, runs much deeper than our present period. Indeed, it is no coincidence that roughly a century ago the foundations of our current tax system were taking shape at the height of the religious and ethical fervor known as the Social Gospel movement. At that time, religious and ethical sentiments played a central, though ambivalent, role in fiscal reform. This Article investigates the influence of religious and ethical values on the tax reform ...


Compulsory Whiteness: Towards A Middle Eastern Legal Scholarship, John Tehranian Jan 2007

Compulsory Whiteness: Towards A Middle Eastern Legal Scholarship, John Tehranian

Indiana Law Journal

No abstract provided.


The Progressive Political Power Of Balkin's "Original Meaning", Dawn E. Johnsen Jan 2007

The Progressive Political Power Of Balkin's "Original Meaning", Dawn E. Johnsen

Articles by Maurer Faculty

No abstract provided.


Book Review. All Politics Is Global: Explaining International Regulatory Regimes By Daniel W. Drezner, David Fidler Jan 2007

Book Review. All Politics Is Global: Explaining International Regulatory Regimes By Daniel W. Drezner, David Fidler

Articles by Maurer Faculty

No abstract provided.


Roscoe Pound And The Future Of The Good Government Movement, Charles G. Geyh Jan 2007

Roscoe Pound And The Future Of The Good Government Movement, Charles G. Geyh

Articles by Maurer Faculty

No abstract provided.


Analyzing The Friedman Thesis Through A Legal Lens: Book Review Essay Assessing Thomas L. Friedman's The World Is Flat, Jayanth K. Krishnan Jan 2007

Analyzing The Friedman Thesis Through A Legal Lens: Book Review Essay Assessing Thomas L. Friedman's The World Is Flat, Jayanth K. Krishnan

Articles by Maurer Faculty

In his best-selling book, The World Is Flat, Thomas Friedman assesses how globalization has affected the political, economic, and social landscapes of both the developed and developing world. For Friedman, globalization is emboldening people in countries, like in India, to make societal and governmental demands that are similar to those made by Americans in the United States.

This Essay seeks to add a new layer to the debate over Friedman’s flattening-world thesis. Focusing on India, in particular, I shall argue that as the trajectory of India’s economic development appears on the rise, the sad reality is that too ...