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Articles 1 - 18 of 18
Full-Text Articles in Law
Public Law, Precarity, And Access To Justice, Amnon Lev
Public Law, Precarity, And Access To Justice, Amnon Lev
Indiana Journal of Global Legal Studies
In the first part, I examine Thomas Hobbes' theory of commonwealth to see how it situates subjects in relation to justice. Hobbes famously founds his commonwealth on the equal subjection of all to the Leviathan, which is the equal subjection of all to law. We need to understand why he nevertheless needs to accommodate the diversity of society-the basic fact that some are weak while others are not-into the operation of the public law machine. As we shall see, the accommodation of social diversity is tied to a proto-liberal distinction between social spheres that relegates much of human life to …
The Post-Truth First Amendment, Sarah Haan
The Post-Truth First Amendment, Sarah Haan
Indiana Law Journal
Post-truthism is widely viewed as a political problem. This Article explores posttruthism as a constitutional law problem, and argues that, because post-truthism offers a normative framework for regulating information, we should take it seriously as a basis for law.
In its exploration of the influence of post-truth ideas on law, the Article focuses on the compelled speech doctrine. When the State mandates disclosure, it pits the interests of unwilling speakers against the interests of listeners. In the twenty-first century, speakers who are targeted by mandatory disclosure laws are often organizational actors with informational advantages, such as corporations. Listeners who stand …
Religion, Government, And Law In The Contemporary United States, Daniel O. Conkle
Religion, Government, And Law In The Contemporary United States, Daniel O. Conkle
Articles by Maurer Faculty
In this Essay, I discuss the relationship between religion and government in the contemporary United States, addressing the period from the 1940s to the present. In so doing, I explore questions of religious liberty, including the protection of religious “free exercise” as well as the constitutional prohibition on the establishment of religion, a prohibition that sometimes - but not always - has been construed to require a “wall of separation” between church and state. I focus especially on the Supreme Court’s evolving interpretations of the First Amendment during this period, which, I suggest, were influenced by broader religious, cultural, and …
Back To Government?: The Pluralistic Deficit In The Decisionmaking Process And Before The Courts, Fulvio Cortese, Marco Dani, Francesco Palermo
Back To Government?: The Pluralistic Deficit In The Decisionmaking Process And Before The Courts, Fulvio Cortese, Marco Dani, Francesco Palermo
Indiana Journal of Global Legal Studies
Back to Government?: The Pluralistic Deficit in the Decisionmaking Processes and Before the Courts, Symposium. University of Trento, Italy, June 11-12, 2004.
Back To Government? Reregulating British Railways, Peter Leyland
Back To Government? Reregulating British Railways, Peter Leyland
Indiana Journal of Global Legal Studies
Back to Government?: The Pluralistic Deficit in the Decisionmaking Processes and Before the Courts, Symposium. University of Trento, Italy, June 11-12, 2004.
Administrative Law Unbounded: Reflections On Government And Governance, Martin Shapiro
Administrative Law Unbounded: Reflections On Government And Governance, Martin Shapiro
Indiana Journal of Global Legal Studies
No abstract provided.
The Limits Of Globalization And The Future Of Administrative Law: From Government To Governance, Alfred C. Aman
The Limits Of Globalization And The Future Of Administrative Law: From Government To Governance, Alfred C. Aman
Indiana Journal of Global Legal Studies
No abstract provided.
Filth, Filtering, And The First Amendment: Ruminations On Public Libraries’ Use Of Internet Filtering Software, Bernard W. Bell
Filth, Filtering, And The First Amendment: Ruminations On Public Libraries’ Use Of Internet Filtering Software, Bernard W. Bell
Federal Communications Law Journal
Traditionally, whenever the government has sought to regulate speech, analysis of its action focused on conventional issues, such as the type of forum involved, whether the government acted in a regulatory or a proprietary role, and whether the regulation could be defined as a prior restraint. With the advent of the Internet and the opportunity for the widespread dissemination of viewpoints, however, new issues have arisen. This Article focuses on the complex questions public libraries face when filtering material, usually of a sexually explicit nature, from the public using filtering software. This Article contends that public libraries require a unique …
Reinterpreting The Religion Clauses: Constitutional Construction And Conceptions Of The Self, Susan H. Williams
Reinterpreting The Religion Clauses: Constitutional Construction And Conceptions Of The Self, Susan H. Williams
Articles by Maurer Faculty
The first amendment guarantees freedom from "law[s] respecting an establishment of religion or prohibiting the free exercise thereof." The apparent tension between the two clauses of this provision has generated judicial confusion and scholarly disagreement. The perceived conflict between the religion clauses is the product of a particular understanding of what is most fundamental about human identity and the human situation - an understanding that derives from classical liberal political theory and that assumes a sharp division between the individual and his community. This Note proposes an alternative to the liberal conception of human identity, one that encompasses both the …
The Administrative Agency As A Paradigm Of Government: A Survey Of The Administrative Process, Lee P. Loevinger
The Administrative Agency As A Paradigm Of Government: A Survey Of The Administrative Process, Lee P. Loevinger
Indiana Law Journal
No abstract provided.
The Hoover Commission And Task Force Reports On Legal Services And Procedure, Ralph F. Fuchs
The Hoover Commission And Task Force Reports On Legal Services And Procedure, Ralph F. Fuchs
Indiana Law Journal
No abstract provided.
The Balance Sheet Of Law And Religion, Frank E. Horack Jr.
The Balance Sheet Of Law And Religion, Frank E. Horack Jr.
Articles by Maurer Faculty
No abstract provided.
The Government As Garnishee, R. Foster Scott
The Government As Garnishee, R. Foster Scott
Indiana Law Journal
No abstract provided.
Democracy And Constitutional Government, John J. Parker
Democracy And Constitutional Government, John J. Parker
Indiana Law Journal
Address of Hon. John J. Parker, Judge of the United States Circuit Court of Appeals, Fourth Circuit, at the Annual Meeting of the Indiana State Bar Association, Sept. 16, 1938.
Concepts And Policies In Anglo-American Administrative Law Theory, Ralph F. Fuchs
Concepts And Policies In Anglo-American Administrative Law Theory, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.
The Tennessee Valley Litigation, Alan W. Boyd
The Tennessee Valley Litigation, Alan W. Boyd
Indiana Law Journal
No abstract provided.
The Doctrine Of Sovereignty Under The United States Constitution, Hugh Evander Willis
The Doctrine Of Sovereignty Under The United States Constitution, Hugh Evander Willis
Articles by Maurer Faculty
No abstract provided.
State Government, By Frank G. Bates And Oliver P. Fields, Orren C. Hornell
State Government, By Frank G. Bates And Oliver P. Fields, Orren C. Hornell
Indiana Law Journal
No abstract provided.