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Full-Text Articles in Law
Respeaking The Bill Of Rights: A New Doctrine Of Incorporation, Kurt Lash
Respeaking The Bill Of Rights: A New Doctrine Of Incorporation, Kurt Lash
Indiana Law Journal
The incorporation of the Bill of Rights against the states by way of the Fourteenth Amendment raises a host of textual, historical, and doctrinal difficulties. This is true even if (especially if) we accept the Fourteenth Amendment as having made the original Bill of Rights binding against the states. Does this mean we have two Bills of Rights, one applicable against the federal government with a “1791” meaning and a second applicable against the state governments with an “1868” meaning? Do 1791 understandings carry forward into the 1868 amendment? Or do 1868 understandings of the Bill of Rights carry backward …
Ninth Life: An Interpretive Theory Of The Ninth Amendment, Chase J. Sanders
Ninth Life: An Interpretive Theory Of The Ninth Amendment, Chase J. Sanders
Indiana Law Journal
No abstract provided.
The Political Process As Final Solution, Charles M. Freeland
The Political Process As Final Solution, Charles M. Freeland
Indiana Law Journal
No abstract provided.
The Politics Of Toleration: The Establishment Clause And The Act Of Toleration Examined, Laura Zwicker
The Politics Of Toleration: The Establishment Clause And The Act Of Toleration Examined, Laura Zwicker
Indiana Law Journal
No abstract provided.
The Ninth Amendment's Role In The Evolution Of Fundamental Rights Jurisprudence, Geoffrey G. Slaughter
The Ninth Amendment's Role In The Evolution Of Fundamental Rights Jurisprudence, Geoffrey G. Slaughter
Indiana Law Journal
No abstract provided.
Justice William 0. Douglas: The Constitution In A Free Society, William M. Beaney
Justice William 0. Douglas: The Constitution In A Free Society, William M. Beaney
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.
The United States Supreme Court: A Creative Check Of Institutional Misdirection?, Fletcher N. Baldwin
The United States Supreme Court: A Creative Check Of Institutional Misdirection?, Fletcher N. Baldwin
Indiana Law Journal
In the Comment which follows Professor Baldwin presents a brief for an extremely creative Supreme Court. In contrast to those who suggest limiting the function of the Court, either by subject matter or by judicial restraint, the author would have it protect the compact upon which the community is based, by taking an active role to insure that the compensation implied in the compact flows in fact not only to the community but to the individual.
National Defense And Individual Liberties, Wilbur G. Katz
National Defense And Individual Liberties, Wilbur G. Katz
Indiana Law Journal
Dean Wilber G. Katz, University of Chicago Law School at the annual banquet of the Indiana State Bar Association, Fort Wayne, August 24, 1940.
A Lawyer Looks At Liberty, Clarence E. Manion
A Lawyer Looks At Liberty, Clarence E. Manion
Indiana Law Journal
No abstract provided.