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Articles 1 - 30 of 37
Full-Text Articles in Law
The Sons Of Indiana: Kappa Alpha Psi Fraternity And The Fight For Civil Rights, Gregory S. Parks, Wendy Marie Laybourn
The Sons Of Indiana: Kappa Alpha Psi Fraternity And The Fight For Civil Rights, Gregory S. Parks, Wendy Marie Laybourn
Indiana Law Journal
The common narrative about African Americans’ quest for social justice and civil rights during the twentieth century consists, largely, of men and women working through organizations to bring about change. The typical list of organizations includes, inter alia, the National Association for the Advancement of Colored People, the National Urban League, the Southern Christian Leadership Conference, and the Student Nonviolent Coordinating Committee. What are almost never included in this list are African American collegiate-based fraternities. However, at the turn of the twentieth century, a small group of organizations emerged founded on personal excellence, the development and sustainment of fictive-kinship ties, …
Do Corporations Have Religious Beliefs?, Jason Iuliano
Do Corporations Have Religious Beliefs?, Jason Iuliano
Indiana Law Journal
Despite two hundred years of jurisprudence on the topic of corporate personhood, the Supreme Court has failed to endorse a philosophically defensible theory of the corporation. In this Article, I attempt to fill that void. Drawing upon the extensive philosophical literature on personhood and group agency, I argue that corporations qualify as persons in their own right. This leads me to answer the titular question with an emphatic yes. Contrary to how it first seems, that conclusion does not warrant granting expansive constitutional rights to corporations. It actually suggests the opposite. Using the Affordable Care Act’s contraception mandate as a …
The False Promise Of The Converse-1983 Action, John F. Preis
The False Promise Of The Converse-1983 Action, John F. Preis
Indiana Law Journal
The federal government is out of control. At least that’s what many states will tell you. Not only is the federal government passing patently unconstitutional legislation, but its street-level officers are ignoring citizens’ constitutional rights. How can states stop this federal juggernaut? Many are advocating a “repeal amendment,” whereby two-thirds of the states could vote to repeal federal legislation. But the repeal amendment will only address unconstitutional legislation, not unconstitutional actions. States can’t repeal a stop-and-frisk that occurred last Thursday. States might, however, enact a so-called “converse-1983” action. The idea for converse-1983 laws has been around for some time but …
Equal Citizenship And The Individual Right To Vote, Jospeh Fishkin
Equal Citizenship And The Individual Right To Vote, Jospeh Fishkin
Indiana Law Journal
An emerging consensus among election law scholars urges courts to break out of “the stagnant discourse of individual rights and competing state interests” and instead adopt a jurisprudence of “structural” democratic values that sidelines individual rights. This structuralist approach won out in the great “rightsstructure” debate in election law, and came to dominate the field, during a period in which the main controversies—vote dilution, gerrymandering, ballot access, campaign finance—were all ones in which the structuralist move was illuminating. However, structuralism is now causing both scholars and courts to evaluate the new wave of vote denial controversies, over such issues as …
Crossroads And Signposts: The Ada Amendments Act Of 2008, Jeannette Cox
Crossroads And Signposts: The Ada Amendments Act Of 2008, Jeannette Cox
Indiana Law Journal
Although the apparent purpose of the 2008 amendments to the Americans with Disabilities Act (ADA) is solely to broaden the ADA 's protected class, the manner in which the amendments achieve this purpose erodes the statute's explicit textual support for understanding persons with disabilities as a politically subordinated minority. The amendments also strengthen the statutory link between the biological severity of a person's disability and that person's right to sue for ADA accommodations. Accordingly, for some courts, the amendments will reinforce the perception that the ADA differs from traditional civil rights law.
Federal courts' understanding of the ADA 's relationship …
Exploring The Use Of The Word "Citizen" In Writings On The Fourth Amendment, M. Isabel Medina
Exploring The Use Of The Word "Citizen" In Writings On The Fourth Amendment, M. Isabel Medina
Indiana Law Journal
Symposium: Latinos and Latinas at the Epicenter of Contemporary Legal Discourses. Indiana University School of Law-Bloomington, March 2007.
Congruence And Proportionality For Congressional Enforcement Powers: Cosmetic Change Or Velvet Revolution?, Elisabeth Zoller
Congruence And Proportionality For Congressional Enforcement Powers: Cosmetic Change Or Velvet Revolution?, Elisabeth Zoller
Indiana Law Journal
Symposium: Congressional Power in the Shadow of the Rehnquist Court: Strategies for the Future held at Indiana University Law School, February 1-2, 2002.
Civil Liberty And The Civil War: The Indianapolis Treason Trials, William Rehnquist
Civil Liberty And The Civil War: The Indianapolis Treason Trials, William Rehnquist
Indiana Law Journal
No abstract provided.
Rights And Politics, Joseph Raz
Rights And Politics, Joseph Raz
Indiana Law Journal
Presented on October 7, 1994, at the Indiana University School of Law-Bloomington, as the inaugural Jerome Hall Lecture.
In Lieu Of Preclusion: Reconciling Administrative Decisionmaking And Federal Civil Rights Claims, Marjorie A. Silver
In Lieu Of Preclusion: Reconciling Administrative Decisionmaking And Federal Civil Rights Claims, Marjorie A. Silver
Indiana Law Journal
No abstract provided.
Symmetries Of Access In Civil Rights Litigation: Politics, Pragmatism And Will, Gene R. Shreve
Symmetries Of Access In Civil Rights Litigation: Politics, Pragmatism And Will, Gene R. Shreve
Indiana Law Journal
No abstract provided.
Basis Of Liability In A Section 1983 Suit: When Is The State-Of-Mind Analysis Relevant?, William A. Lockhart
Basis Of Liability In A Section 1983 Suit: When Is The State-Of-Mind Analysis Relevant?, William A. Lockhart
Indiana Law Journal
NOTE: A printing error labeled this issue Spring 1982, it should have been labeled Summer 1982
The Right Of Prisoner Access: Does Bounds Have Bounds?, Josephine R. Potuto
The Right Of Prisoner Access: Does Bounds Have Bounds?, Josephine R. Potuto
Indiana Law Journal
No abstract provided.
Administrative Cutoff Of Federal Funding Under Title Vi: A Proposed Interpretation Of "Program", Myrna E. Friedman
Administrative Cutoff Of Federal Funding Under Title Vi: A Proposed Interpretation Of "Program", Myrna E. Friedman
Indiana Law Journal
No abstract provided.
Prisoner Property Deprivations: Section 1983 And The Fourteenth Amendment, Steven H. Hazelrigg
Prisoner Property Deprivations: Section 1983 And The Fourteenth Amendment, Steven H. Hazelrigg
Indiana Law Journal
No abstract provided.
Between Law And Justice: Professor Bittker's Case For Black Reparations, Henry J. Richardson Iii
Between Law And Justice: Professor Bittker's Case For Black Reparations, Henry J. Richardson Iii
Indiana Law Journal
No abstract provided.
Section 1983 And The "Background" Of Tort Liability, Sheldon H. Nahmod
Section 1983 And The "Background" Of Tort Liability, Sheldon H. Nahmod
Indiana Law Journal
No abstract provided.
Justice Sherman Minton And The Balance Of Liberty, David N. Atkinson
Justice Sherman Minton And The Balance Of Liberty, David N. Atkinson
Indiana Law Journal
No abstract provided.
Contemporary Civil Disobedience: Selected Early And Modern Viewpoints
Contemporary Civil Disobedience: Selected Early And Modern Viewpoints
Indiana Law Journal
No abstract provided.
The Right To Counsel In Federal Courts And The Proposed Amendments To The Federal Rules Of Criminal Procedure
Indiana Law Journal
No abstract provided.
Mr. Justice Rutledge, Fred M. Vinson
Congressional Investigations And First Amendment Restriction On The Compulsion Of Testimony
Congressional Investigations And First Amendment Restriction On The Compulsion Of Testimony
Indiana Law Journal
No abstract provided.
Judicial Acquiescence In The Forfeiture Of Constitutional Rights Through Expansion Of The Conditioned Privilege Doctrine
Indiana Law Journal
No abstract provided.
The First Amendment And Evils That Congress Has A Right To Prevent, Alexander Meiklejohn
The First Amendment And Evils That Congress Has A Right To Prevent, Alexander Meiklejohn
Indiana Law Journal
No abstract provided.
Jurors: Impartiality Of Government Employees As Affected By The Loyalty Order
Jurors: Impartiality Of Government Employees As Affected By The Loyalty Order
Indiana Law Journal
Recent Cases
Rutledge And Civil Liberties, W. Howard Mann
Rutledge And Civil Liberties, W. Howard Mann
Indiana Law Journal
No abstract provided.
Prohibition Of Lawful Assembly When Opposed By Threat Of Violence
Prohibition Of Lawful Assembly When Opposed By Threat Of Violence
Indiana Law Journal
Constitutional Law Note
Political Affiliation As Qualification For Office
Political Affiliation As Qualification For Office
Indiana Law Journal
Constitutional Law Note
The "Anti-Hate" Act, Lloyd C. Wampler