Digital Commons Network^™

Criminal Evidence And The Ear Of The Law, Daniel H. Derby

Scholarly Works

No abstract provided.

Remedying The Remedy Of Accounting, Joel Eichengrun

Indiana Law Journal

No abstract provided.

Access, Efficiency, And Fairness In Dirks V. Sec, Malcolm A. Tripp

Indiana Law Journal

No abstract provided.

State And Local Regulation Affecting Public Lands Mineral Lease Activities: What Are The Limits?, Lawrence J. Macdonnell

Public Lands Mineral Leasing: Issues and Directions (Summer Conference, June 10-11)

27 pages.

Contains references.

Buchanan Letter Regarding Supreme Court July 1985, Patrick J. Buchanan

Historical and Topical Legal Documents

No abstract provided.

Connick V. Myers: New Restrictions On The Free Speech Rights Of Government Employees, Peter C. Mccabe Iii

Indiana Law Journal

No abstract provided.

The "Good Faith Exception" Cases: Reasonable Exercises In Futility, Craig M. Bradley

Indiana Law Journal

No abstract provided.

Beyond Carolene Products, Bruce A. Ackerman

Addison Harris Lecture

No abstract provided.

Antitrust And Amateur Sports: The Role Of Noneconomic Values, Wendy T. Kirby, T. Clark Weymouth

Indiana Law Journal

SYMPOSIUM: Antitrust Issues In Amateur Sports, held at the Indiana University School of Law - March 1985

Professional Sports And Antitrust Law: The Groundrules Of Immunity, Exemption And Liability, Phillip J. Closius

All Faculty Scholarship

As professional sports leagues increased their wealth and national prominence, the federal judicial system became uncomfortable with its characterization of sports as something other than a business. The Supreme Court reflected this change in policy in the 1950s by refusing to extend baseball's antitrust exemption to other sports. The application of the Sherman Act to all nonbaseball sports established the foundation for the forceful imposition of antitrust constraints on team owners in the sports litigation of the 1970s. These "revolutionary" decisions substantially eliminated the status of sports as a game or amusement insulated from the legal obligations of profit-making industries. …

The Supreme Court And The Privilege Against Self-Incrimination: Has The Burger Court Retreated?, Paul Marcus

Oklahoma Law Review

No abstract provided.

The Most Sacred Text: The Supreme Court's Use Of The Federalist Papers, James G. Wilson

Law Faculty Articles and Essays

In interpreting the Constitution the Supreme Court has increasingly referred to The Federalist papers, a series of essays written by Alexander Hamilton, James Madison, and John Jay during the struggle to ratify the Constitution. This article describes in narrative form how the Court has incorporated The Federalist into its opinions, and summarizes how constitutional historians and political scientists have evaluated The Federalist and the Constitution. This format highlights the limited nature of the Court's historical inquiry by demonstrating that the Court and constitutional scholars have been traveling in parallel universes. Either the Court has ignored or been unaware of the …

Antitrust: The Emerging Legal Issues (Symposium Introduction), John Scanlan

Indiana Law Journal

SYMPOSIUM: Antitrust Issues In Amateur Sports, held at the Indiana University School of Law - March 1985

Constitutional Fact Review, Henry Paul Monaghan

Faculty Scholarship

Bose Corp. v. Consumers Union of United States held that the clearly erroneous standard of Federal Rule of Civil Procedure 52(a) does not prescribe the scope of appellate review of a finding of actual malice in defamation cases governed by New York Times Co. v. Sullivan. Rather, as a matter of "federal constitutional law," appellate courts "must exercise independent judgment and determine whether the record establishes actual malice with convincing clarity." Thus, in addition to the familiar judicial duty to "say what the law is," the first amendment imposes a special duty with respect to law application: both …

Refuting The “Classic” Property Clause Theory, Eugene R. Gaetke

Law Faculty Scholarly Articles

In a series of cases the Supreme Court has recognized broad, preemptive federal regulatory power over federally owned land. The Court has based these decisions on the combined effect of the property and supremacy clauses of the Constitution. The scope of this power has been the cause of a heated political and legal debate in western states, which contain extensive federal land holdings. A number of legal commentators have argued that the Court's broad construction of the property clause is a misinterpretation of the Framers' intent and that the clause merely grants the federal government proprietary rights over its land …

The Supreme Court And The Privilege Against Self-Incrimination: Has The Burger Court Retreated?, Paul Marcus

Oklahoma Law Review

No abstract provided.

The Supreme Court, The Mentally Disabled Criminal Defendant, Psychiatric Testimony In Death Penalty Cases, And The Power Of Symbolism: Dulling The Ake In Barefoot’S Achilles Heel, Michael L. Perlin

Articles & Chapters

No abstract provided.

The Supreme Court And The Constitution: The Continuing Debate On Judicial Review, Donald P. Kommers

Journal Articles

The three books reviewed in this essay are recent contributions to the growing literature of constitutional theory (Michael J. Perry, The Constitution, the Courts, and Human Rights (New Ha- ven: Yale University Press, 1982); Sotirios A. Barber, On What the Constitution Means (Baltimore and London: The Johns Hopkins University Press, 1984); and John Agresto, The Supreme Court and Constitutional Democracy (Ithaca: Cornell University Press, 1984). They explore important questions about the role of the Supreme Court and the meaning of the Constitution.

The Intellectual Development Of The American Doctrine Of Judicial Review, Pnina Lahav

Faculty Scholarship

No abstract provided.

Studies In Modern Choice-Of-Law: Torts, Insurance, Land Titles, Sheldon Wein

Dalhousie Law Journal

This is a collection of the more important articles on conflict of laws that Professor Hancock has written since 1960; in addition, it contains a chapter, hitherto unpublished, on Allstate Ins. Co. v. Hague,' the Supreme Court's most recent foray into constitutional limitations on the power of a state to apply its law in situations involving foreign facts. Many of us undoubtedly read the majority of these essays at the time when they first appeared in law review form. It is good that they are now available in a single book. We are thereby afforded a convenient opportunity to refresh …

Constructive Concerted Activity Under The Nlra: Conflicting Signals From The Court And The Board, Terry A. Bethel

Indiana Law Journal

No abstract provided.

The Patentability Of Computer Programs: Merrill Lynch's Patent For A Financial Services System, Lynne B. Allen

Indiana Law Journal

No abstract provided.

Library Book Selection And The Public Schools: The Quest For The Archimedean Point, Mark G. Yudof

Indiana Law Journal

No abstract provided.

The Evolution Of The Lower Court Of Nova Scotia, Sandra E. Oxner

Dalhousie Law Journal

The evolution of the Supreme Court of Nova Scotia has been well described elsewhere.' This paper will describe the evolution during the colonial period of the main civil and criminal lower courts of Nova Scotia. Omitted are such courts as the Vice Admiralty and Probate Courts. These require separate examination. This paper traces the development of the courts of General Sessions of the Peace and the Inferior Court of Common Pleas, the main criminal and civil lower courts of the period, from the time of their inception shortly after the founding of Halifax in 1749. The examination of these courts …

Book Review: Louis D. Brandeis And The Progressive Tradition; Brandeis, Paul Brickner

Vanderbilt Law Review

Urofsky has captured the essence of Brandeis in his excellent and informative volume. Urofsky often demonstrates a fine facility for clarifying points and positions with meaningful factual details.His book reveals the depth of scholarship that one would expect from a co-editor of the five volume collection of Brandeis' letters."He recognized the importance of the relationship between Brandeis and Frankfurter and devoted an entire small chapter to their efforts to promulgate their views as described by Bruce Murphy. For a concise but telling biography of Brandeis, from the "people's attorney" to one of the Supreme Court's " nine old men", Urofsky's …

State Insurance Takeover Acts: A Constitutional Analysis After Edgar V. Mite, Christopher Keele

Indiana Law Journal

No abstract provided.

The Use Of Suppression Hearing Testimony To Impeach, Morgan G. Graham

Indiana Law Journal

No abstract provided.

Constitutional Law As Moral Philosophy, Gerard E. Lynch

Faculty Scholarship

The seemingly inexhaustible debate over the proper role of the Supreme Court in constitutional adjudication concerns an issue of enormous practical importance: whether the Court has or should have the power to overturn the decision of a democratically elected legislature to, say, prohibit abortions, affects not only the allocation of significant political power, but also the moral lives and indeed the very bodies of millions of citizens. For this reason, many contributions to that debate, from academics as well as from practicing politicians, have burned with the passion of political commitment, seeking to influence events directly by persuading judges (or …

The Supreme Court Of Canada And "The Bowater's Law", 1950, Peter Neary

Dalhousie Law Journal

Many accounts have been written of the events leading to Newfoundland's union with Canada in 1949. None, however, details the diplomatic and legal controversy which developed in the months before union over the future status of Bowater's Newfoundland Pulp and Paper Mills Ltd. Settled by the Supreme Court of Canada in 1950, this tangled issue, arising from legislation dating back to 1915, produced important judicial insights into the constitutional position Newfoundland had assumed on becoming a Canadian province.

Greenwood Shopping Plaza Ltd. V. Beattie And Pettipas: Life Masquerading As A Contract Case, C. M. Arymowicz

Dalhousie Law Journal

The Supreme Court of Canada held that the defendants in Greenwood Shopping Plaza Ltd. v. Beattie and Pettipas1 could not claim any benefit from a contract because they were third party beneficiaries thereto. Restated, the Court permitted the insurer of a building to reach through the landlord and the tenant, and recoup itself by saddling the tenant's employees with liability for negligently performing their jobs although it could sue neither landlord nor tenant. This result is so unpalatable to both business and labour that it will be avoided, and insurers will acquiesce. In this note I will, (a) by way …