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Domicile Dismantled, Kerry Abrams, Kathryn Barber

Indiana Law Journal

Part I of this Article discusses the legal and factual background of Mas v. Perry. This narrative reveals how the case reflects both the changes in American society that were beginning to occur at that time and the struggle of the concept of domicile to keep pace with those changes. Part II traces the development of the fundamental shift in gender roles that began several years before Mas was decided. This section argues that the growing number of women attending college, embarking upon careers, and forming two-career marriages increased the difficulty of measuring domicile, while undermining the efficacy of a …

Doux Commerce, Religion, And The Limits Of Antidiscrimination Law, Nathan B. Oman

Indiana Law Journal

This Article addresses the question of law, religion, and the market directly. It does so by developing three theories of how one might conceptualize the proper relationship between commerce and religion. The first two theories I offer are not meant to be summaries of any position explicitly articulated by any particular thinker. There is a paucity of explicit reflection on the question of markets and reli-gion and virtually no effort to generate broad legal theories of that relationship. Rather, these theories are an attempt to explicitly articulate clusters of intuitions that seem to travel together. My hope is to show …

Post-Racialism And The End Of Strict Scrutiny, David Schraub

Indiana Law Journal

In recent years, a growing social consensus has emerged around the aspiration of a “post-racial” America: one where race is no longer a fault line for social strife or, perhaps, a morally significant trait whatsoever. This ambition, however, lies in tension with the most basic constitutional principle governing our treatment of race in the public sphere: that of “strict scrutiny.” Post-racialism seeks to diminish the salience of race to near negligibility. The strict scrutiny of racial classifications, by contrast, significantly enhances the salience of race by treating it differently from virtually every other personal attribute or characteristic—including hair or eye …

The Eighth Amendment’S Lost Jurors: Death Qualification And Evolving Standards Of Decency, Aliza Plener Cover

Indiana Law Journal

The Supreme Court’s inquiry into the constitutionality of the death penalty has over-looked a critical “objective indicator” of society’s “evolving standards of decency”: the rate at which citizens are excluded from capital jury service under Witherspoon v. Illinois due to their conscientious objections to the death penalty. While the Supreme Court considers the prevalence of death verdicts as a gauge of the nation’s moral climate, it has ignored how the process of death qualification shapes those verdicts. This blind spot biases the Court’s estimation of community norms and dis-torts its Eighth Amendment analysis.

This Article presents a quantitative study of …

A Sociological Perspective On Bankruptcy, Lisa J. Mcintyre

Indiana Law Journal

Symposium: As We Forgive Our Debtors

Introduction: Toward A Sociology Of The Class Action, Bryant G. Garth

Indiana Law Journal

Symposium: The Sociology of Class Actions

NOTE: A printing error labeled this issue Spring 1982, when it should have been labeled Summer 1982

The Institutionalization Of Conflict In The Reform Of Schools: A Case Study Of Court Implementation Of The Parc Decree, Janet Rosenberg, William R.F. Phillips

Indiana Law Journal

Symposium: The Sociology of Class Actions

NOTE: A printing error labeled this issue Spring 1982, when it should have been labeled Summer 1982

Conclusion: The Mobilizing Potential Of Class Actions, Lynn Mather

Indiana Law Journal

Symposium: The Sociology of Class Actions

NOTE: A printing error labeled this issue Spring 1982, when it should have been labeled Summer 1982

Class Action Suits And Social Change: The Organization And Impact Of The Hill-Burton Cases, P.A. Paul-Shaheen, Harry Perlstadt

Indiana Law Journal

Symposium: The Sociology of Class Actions

NOTE: A printing error labeled this issue Spring 1982, when it should have been labeled Summer 1982

Between Law And Justice: Professor Bittker's Case For Black Reparations, Henry J. Richardson Iii

Indiana Law Journal

No abstract provided.

An Evaluation Of Gault By A Sociologist, Albert K. Cohen

Indiana Law Journal

Symposium on Juvenile Problems: In re Gault

The Addict And The Law, By Alfred R. Lindesmith, Carl Debaggio

Indiana Law Journal

No abstract provided.

Race Relations And American Law, By Jack Greenberg, Arthur S. Miller

Indiana Law Journal

No abstract provided.

Some Potentialities Of Experimental Jurisprudence As A New Branch Of Social Science, By Frederick K. Beutel, Saul Mendlovitz

Indiana Law Journal

No abstract provided.

Races, Nations And Classes, By Herbert Adolphus Miller, Paul L. Sayre

Indiana Law Journal

No abstract provided.