State and Local Government Law Commons^™

A Newfound Power: How The Ohio Supreme Court Should Approach The Next Partisan Gerrymander, Bradley Davis

Indiana Law Journal

Partisan gerrymandering is a practice as old as the nation itself and a problem both state and federal courts continue to struggle with. In 2015, the people of Ohio overwhelmingly voted to amend the state constitution to prevent overly partisan outcomes in state legislative redistricting. Following the 2021 redistricting cycle, the Ohio Supreme Court narrowly struck down several redistricting proposals in what devolved into a protracted fight with legislators and executive officials. This Note carefully lays out the development of redistricting jurisprudence, Ohio’s relevant constitutional provisions, and various state and federal judicial approaches to alleged gerrymanders. Using a combination of …

Enforcing Interstate Compacts In Federal Systems, Michael Osborn

Indiana Journal of Constitutional Design

The central goal of a federal system is for local government units to retain degrees of independence, specifically over matters of importance to that local unit. A logical corollary to that independence is the ability for local units to negotiate and contract with other local units on matters of importance. Therefore, it is not surprising that almost every federal system allows, either implicitly or explicitly, member states to form binding compacts with other states, the union government, or municipalities.1 Some federal democracies even allow member states to compact with foreign governments. Furthermore, almost every federal constitution includes a provision outlining …

Taxonomy Of Minority Governments, Lisa La Fornara

Indiana Journal of Constitutional Design

A minority government in its most basic form is a government in which the party holding the most parliamentary seats still has fewer than half the seats in parliament and therefore cannot pass legislation or advance policy without support from unaffiliated parties. Because seats in minority parliaments are more evenly distributed amongst multiple parties, opposition parties have greater opportunity to block legislation. A minority government must therefore negotiate with external parties and adjust its policies to garner the majority of votes required to advance its initiatives.

This paper serves as a taxonomy of minority governments in recent history and proceeds …

A Taxonomy Of Independent Electoral Reapportionment Systems, James Ruley

Indiana Journal of Constitutional Design

This paper addresses a means of checking legislative gerrymandering, which I have called the Independent Electoral Reapportionment Commission (IERC). Its purpose is to prevent self-interested politicians from drawing biased constituency lines. While scholars have researched gerrymandering, few scholars have researched commissions designed to limit such gerrymandering, and no comprehensive work details the global means of accomplishing this goal.

Thus, the purpose of this paper is not to normatively prescribe the best practices for composing and empowering an IERC, but rather to descriptively show how different countries conduct this process. While Part II makes some determinations about which commissions may conceptually …

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.

The Supreme Court And Indiana's Voter Id Law, David Williams

Articles by Maurer Faculty

No abstract provided.

Constitutional Challenges To Indiana's Third-Party Custody Statutes, Kristen H. Fowler

Indiana Law Journal

No abstract provided.

Interpreting Conflicting Provisions Of The Nevada State Constitution, William D. Popkin

Articles by Maurer Faculty

No abstract provided.

A Conservative Defense Of Romer V. Evans, Dale Carpenter

Indiana Law Journal

No abstract provided.

A Comment On The Evolution Of Direct Democracy In Western State Constitutions, Patrick L. Baude

Articles by Maurer Faculty

No abstract provided.

Interstate Dialogue In State Constitutional Law, Patrick L. Baude

Articles by Maurer Faculty

No abstract provided.

Constitutional Analysis Of Indiana's Controlled Substance Excise Tax, F. Anthony Paganelli

Indiana Law Journal

No abstract provided.

The Indiana Supreme Court's Emerging Free Speech Doctrine, Daniel O. Conkle

Indiana Law Journal

Free Speech and the Indiana Constitution: First Thoughts on Price v. State

Has The Indiana Constitution Found It's Epic?, Patrick Baude

Indiana Law Journal

Free Speech and the Indiana Constitution: First Thoughts on Price v. State

Fencing Out Politically Unpopular Groups From The Normal Political Processes: The Equal Protection Concerns Of Colorado Amendment Two, Craig Cassin Burke

Indiana Law Journal

No abstract provided.

Recent Constitutional Decisions In Indiana, Patrick L. Baude

Articles by Maurer Faculty

No abstract provided.

Changing The Constitutional Jurisdiction Of The Indiana Supreme Court: Letting A Court Of Last Resort Act Like One, Randall T. Shepard

Indiana Law Journal

No abstract provided.

Is There Independent Life In The Indiana Constitution?, Patrick Baude

Indiana Law Journal

No abstract provided.

"No Pass, No Play": Equal Protection Analysis Under The Federal And State Constitutions, David J. Shannon

Indiana Law Journal

No abstract provided.

Representation Under The Ohio Public Defender Act, Daniel O. Conkle

Articles by Maurer Faculty

No abstract provided.

Book Review. Con-Con: Issues For The Illinois Constitutional Convention, Leon Harry Wallace

Articles by Maurer Faculty

No abstract provided.

Right To Jury Trial: Indiana's Misapplication Of Due Process Standards In Delinquency Hearings, Robert Gullick

Indiana Law Journal

No abstract provided.

Legislative Apportionment In Indiana: A Case History, Leon H. Wallace

Indiana Law Journal

No abstract provided.

Indiana, 1851, Alaska, 1956: A Century Of Difference In State Constitutions, P. Allan Dionisopoulos

Indiana Law Journal

No abstract provided.

Severance Damage In Eminent Domain Proceedings, Sheldon J. Plager

Articles by Maurer Faculty

No abstract provided.

"Constitutional" Limitations On Amendments In Indiana

Indiana Law Journal

No abstract provided.

Unicameralism And The Indiana Constitutional Convention Of 1850, Val Nolan Jr.

Indiana Law Journal

No abstract provided.

"Natural Rights'--A Constitutional Doctrine In Indiana, Monrad Paulsen

Indiana Law Journal

No abstract provided.

The Persistence Of Substantive Due Process In The States, Monrad G. Paulsen

Articles by Maurer Faculty

No abstract provided.

The Constitution Review Commission Of Kentucky, Elvis J. Stahr Jr.

Articles by Maurer Faculty

No abstract provided.