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- Keyword
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- Constitutional law -- United States -- Cases (2)
- Fourteenth Amendment (2)
- 131 S. Ct. 2541 (2011) (1)
- 1938- -- Political & social views (1)
- 347 U.S. 483 (1954) (1)
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- 551 U.S. 701 (2007) (1)
- Administrative Investigations (1)
- Administrative Procedure Act of 1946 (1)
- Avery v. Midland County (1)
- Breyer Stephen G. (1)
- Brown v. Board of Education (1)
- Civil procedure -- United States -- Cases (1)
- Class actions (Civil procedure) -- United States -- States (1)
- Class-action (1)
- Collective memory -- United States (1)
- Commonality (1)
- Commonality and the Constitution (1)
- Constitutional Civil Liberties (1)
- Constitutional Separation of Powers (1)
- Dissenting opinions (Law) (1)
- Due Process (1)
- Due Process Clause (1)
- Equal Protections Clause (1)
- Federal Rules of Civil Procedure Rule 23(a) (1)
- Federal courts (1)
- Federal courts of law (1)
- Fifth Amendment (1)
- Framework for Federal and State Court Class Actions (1)
- Gerrymandering (1)
- Historical memory (1)
Articles 1 - 6 of 6
Full-Text Articles in Supreme Court of the United States
Administrative Investigations, Aram A. Gavoor, Steven A. Platt
Administrative Investigations, Aram A. Gavoor, Steven A. Platt
Indiana Law Journal
This Article establishes the subject of federal administrative investigations as a new area of study in administrative law. While the literature has addressed investigations by specific agencies and congressional investigations, there is no general account for the trans-substantive constitutional value of administrative investigations. This Article provides such an account by exploring the positive law, agency behaviors, and constraints pertaining to this unresearched field. It concludes with some urgency that the Administrative Procedure Act of 1946—the statute that stands as a bill of rights for the Administrative State—does not serve to regulate administrative investigations and that Article III courts have held …
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 Next Reapportionment Revolution, Ashira Ostrow
The Next Reapportionment Revolution, Ashira Ostrow
Indiana Law Journal
In the 1960s, the Supreme Court famously imposed the one-person, one-vote requirement on federal, state, and local legislatures. The doctrine rapidly resolved the problem of malapportioned districts. Within just a few years, legislatures across the nation were reapportioned to equalize the population between districts. Sadly, however, the national commitment to equal-population districts has led directly to the current crisis of political gerrymandering. The boundaries of equal-population districts must be redrawn every ten years to maintain population equality. Even with rigid adherence to population requirements, district boundaries are easily manipulated to secure incumbent seats and advance partisan interests. Redistricting is rightly …
Reciprocal Immunity, Colin Miller
Reciprocal Immunity, Colin Miller
Indiana Law Journal
This essay advances a reciprocal rights theory. It argues that the Constitution precludes statutes and rules from providing nonreciprocal benefits to the State when the lack of reciprocity interferes with the defendant’s ability to secure a fair trial, unless reciprocity would implicate a significant state interest. Therefore, unless a significant State interest is involved, a grant of immunity to a prosecution witness should trigger reciprocal immunity to a directly contradictory defense witness.
Commonality And The Constitution: A Framework For Federal And State Court Class Actions, Joseph A. Seiner
Commonality And The Constitution: A Framework For Federal And State Court Class Actions, Joseph A. Seiner
Indiana Law Journal
In Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011), the Supreme Court concluded that the allegations of pay discrimination in a case brought by over one million female employees lacked sufficient commonality to warrant class certification under Federal Rule of Civil Procedure 23(a). Though the case was expressly decided under the Federal Rules, some well-known employer groups have begun to advance the argument that Wal-Mart was decided on constitutional grounds. These advocates maintain that the Supreme Court’s decision creates a commonality standard for all class-action plaintiffs—regardless of whether those litigants bring their claims in federal or state court. …
Parents Involved And The Struggle For Historical Memory, Mark Tushnet
Parents Involved And The Struggle For Historical Memory, Mark Tushnet
Indiana Law Journal
In his Jerome Hall Lecture, Professor Tushnet addresses the legacy of Brown v. Board of Education in the more recent case of Parents Involved in Community Schools v. Seattle School Dist. No. 1 (PICS), which struck down the voluntary school integration programs used in Seattle and Louisville. As Chief Justice Roberts wrote, an important “debate” in the PICS case was over “which side is more faithful to the heritage” of Brown v. Board of Education. That debate is part of what historians have called the struggle for historical memory. The politics of memory in PICS is not simply a struggle …