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Maurer School of Law: Indiana University

Indiana Law Journal

2014

Articles 1 - 13 of 13

Full-Text Articles in Law

Screening Out Innovation: The Merits Of Meritless Litigation, Alexander A. Reinert Jul 2014

Screening Out Innovation: The Merits Of Meritless Litigation, Alexander A. Reinert

Indiana Law Journal

Courts and legislatures often conflate meritless and frivolous cases when balancing the desire to keep courthouse doors open to novel or unlikely claims against the concern that entertaining ultimately unsuccessful litigation will prove too costly for courts and defendants. Recently, significant procedural and substantive barriers to civil litigation have been informed by judicial and legislative assumptions about the costs of entertaining meritless and frivolous litigation. The prevailing wisdom is that eliminating meritless and frivolous claims as early in a case’s trajectory as possible will focus scarce resources on the truly meritorious cases, thereby ensuring that available remedies are properly distributed …

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The Immigrant "Other": Racialized Identity And The Devaluation Of Immigrant Family Relations, Anita Maddali Apr 2014

The Immigrant "Other": Racialized Identity And The Devaluation Of Immigrant Family Relations, Anita Maddali

Indiana Law Journal

This Article explores how current terminations of undocumented immigrants’ parental rights are reminiscent of historical practices that removed early immigrant and Native American children from their parents in an attempt to cultivate an Anglo-American national identity. Today, children are separated from their families when courts terminate the rights of parents who have been, or who face, deportation. Often, biases toward undocumented parents affect determinations concerning parental fitness in a manner that, while different, reaps the same results as the removal of children from their families over a century ago. This Article examines cases in which courts terminated the parental rights …

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Beyond The Verdict: Why The Courts Must Protect Jurors From The Public Before, During, And After High-Profile Cases, Scott Ritter Apr 2014

Beyond The Verdict: Why The Courts Must Protect Jurors From The Public Before, During, And After High-Profile Cases, Scott Ritter

Indiana Law Journal

In a time when more and more criminal trials are saturated in news coverage, media outlets race to get as much information as possible to the public. That access to the criminal justice system is a right protected by the First Amendment. But where does the access stop? This Note explores those limits, and the intersection between the First and Fourth Amendments.

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Introduction: Invited Essays On The Implications Of Windsor And Perry Jan 2014

Introduction: Invited Essays On The Implications Of Windsor And Perry

Indiana Law Journal

No abstract provided.

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Standing To Appeal And Executive Non-Defense Of Federal Law After The Marriage Cases, Ryan W. Scott Jan 2014

Standing To Appeal And Executive Non-Defense Of Federal Law After The Marriage Cases, Ryan W. Scott

Indiana Law Journal

Essays on the Implications of Windsor and Perry

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Is The Full Faith And Credit Clause Still "Irrelevant" To Same-Sex Marriage?: Toward A Reconsideration Of The Conventional Wisdom, Steve Sanders Jan 2014

Is The Full Faith And Credit Clause Still "Irrelevant" To Same-Sex Marriage?: Toward A Reconsideration Of The Conventional Wisdom, Steve Sanders

Indiana Law Journal

Essays on the Implications of Windsor and Perry

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Citizens United, States Divided: An Empirical Analysis Of Independent Political Spending, Douglas M. Spencer, Abby Wood Jan 2014

Citizens United, States Divided: An Empirical Analysis Of Independent Political Spending, Douglas M. Spencer, Abby Wood

Indiana Law Journal

What effect has Citizens United v. FEC had on independent spending in American politics? Previous attempts to answer this question have focused solely on federal elections, where there is no baseline for comparing changes in spending behavior. We overcome this limitation by examining the effects of Citizens United as a natural experiment on the states. Before Citizens United, about half of the states banned corporate independent expenditures and thus were “treated” by the Supreme Court’s decision, which invalidated these state laws. We rely on recently released state-level data to compare spending in “treated” states to spending in the “control” states, …

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Doctrinal Conversation: Justice Kagan's Supreme Court Opinions, Laura K. Ray Jan 2014

Doctrinal Conversation: Justice Kagan's Supreme Court Opinions, Laura K. Ray

Indiana Law Journal

In her first two terms on the Supreme Court, Justice Elena Kagan has crafted a distinctive judicial voice that speaks to her readers in a remarkably conversational tone. She employs a variety of rhetorical devices: invocations to “remember” or “pretend”; informal and even colloquial diction; a diverse assortment of similes and metaphors; and parenthetical interjections that guide the reader’s response. These strategies engage the reader in much the same way that Kagan as law professor may well have worked to engage her students, and in the context of judicial opinions they serve several purposes. They make Kagan’s opinions accessible to …

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Leveling Up After Doma, Deborah A. Widiss Jan 2014

Leveling Up After Doma, Deborah A. Widiss

Indiana Law Journal

Essays on the Implication of Windsor and Perry

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Justice Scalia's Truthiness And The Virtues Of Judicial Center, Allen K. Rostron Jan 2014

Justice Scalia's Truthiness And The Virtues Of Judicial Center, Allen K. Rostron

Indiana Law Journal

Antonin Scalia is by far the Supreme Court’s greatest wit and most colorful personality. When I choose audio clips from the Court’s oral arguments to play in my constitutional law classes, I would like to offer a balanced sample of views from the left and right sides of the Court. But I cannot resist loading up on Scalia sound bites, because in almost every major case he serves up the sharpest questioning and most imaginative hypotheticals. His judicial opinions are also remarkably passionate and frank. If he thinks a lawyer’s or even a fellow Justice’s argument is nonsense, he will …

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Further Standing Lessons, Heather Elliott Jan 2014

Further Standing Lessons, Heather Elliott

Indiana Law Journal

Professor Elliott wrote a piece for the Indiana Law Journal in 2012 (available here). In this article, she updates her analysis and explores the implications of both the health-care and marriage equality cases on the Court’s standing doctrine.

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Windsor, Shelby County, And The Demise Of Originalism: A Personal Account, Dawn E. Johnsen Jan 2014

Windsor, Shelby County, And The Demise Of Originalism: A Personal Account, Dawn E. Johnsen

Indiana Law Journal

Essays on the Implication of Windsor and Perry

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Evolving Values, Animus, And Same-Sex Marriage, Daniel O. Conkle Jan 2014

Evolving Values, Animus, And Same-Sex Marriage, Daniel O. Conkle

Indiana Law Journal

In this Essay, I contend that a Fourteenth Amendment right to same-sex marriage will emerge, and properly so, when the Supreme Court determines that justice so requires and when, in the words of Professor Alexander Bickel, the Court’s recognition of this right will “in a rather immediate foreseeable future . . . gain general assent.” I suggest that we are fast approaching that juncture, and I go on to analyze three possible justifications for such a ruling: first, substantive due process; second, heightened scrutiny equal protection; and third, rational basis equal protection coupled with a finding of illicit “animus.” I …

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