Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

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 Jul 2016

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 Jan 2015

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 Oct 2012

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 Oct 2011

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 Jan 2010

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 Oct 2008

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 Jan 2003

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 Oct 1997

Civil Liberty And The Civil War: The Indianapolis Treason Trials, William Rehnquist

Indiana Law Journal

No abstract provided.


Rights And Politics, Joseph Raz Jan 1995

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 Apr 1990

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 Jan 1990

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 Apr 1982

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 Jan 1977

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 Jan 1977

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 Jul 1976

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 Apr 1975

Between Law And Justice: Professor Bittker's Case For Black Reparations, Henry J. Richardson Iii

Indiana Law Journal

No abstract provided.


Justice Sherman Minton And The Balance Of Liberty, David N. Atkinson Oct 1974

Justice Sherman Minton And The Balance Of Liberty, David N. Atkinson

Indiana Law Journal

No abstract provided.


Section 1983 And The "Background" Of Tort Liability, Sheldon H. Nahmod Oct 1974

Section 1983 And The "Background" Of Tort Liability, Sheldon H. Nahmod

Indiana Law Journal

No abstract provided.


Contemporary Civil Disobedience: Selected Early And Modern Viewpoints Apr 1966

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 Oct 1963

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 Jul 1960

Mr. Justice Rutledge, Fred M. Vinson

Indiana Law Journal

No abstract provided.


Congressional Investigations And First Amendment Restriction On The Compulsion Of Testimony Jan 1954

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 Jul 1953

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 Jul 1951

The First Amendment And Evils That Congress Has A Right To Prevent, Alexander Meiklejohn

Indiana Law Journal

No abstract provided.


Right To Counsel In Indiana Jan 1951

Right To Counsel In Indiana

Indiana Law Journal

No abstract provided.


Jurors: Impartiality Of Government Employees As Affected By The Loyalty Order Oct 1950

Jurors: Impartiality Of Government Employees As Affected By The Loyalty Order

Indiana Law Journal

Recent Cases


Rutledge And Civil Liberties, W. Howard Mann Jul 1950

Rutledge And Civil Liberties, W. Howard Mann

Indiana Law Journal

No abstract provided.


Prohibition Of Lawful Assembly When Opposed By Threat Of Violence Oct 1948

Prohibition Of Lawful Assembly When Opposed By Threat Of Violence

Indiana Law Journal

Constitutional Law Note


Political Affiliation As Qualification For Office Jan 1948

Political Affiliation As Qualification For Office

Indiana Law Journal

Constitutional Law Note


The "Anti-Hate" Act, Lloyd C. Wampler Jul 1947

The "Anti-Hate" Act, Lloyd C. Wampler

Indiana Law Journal

Indiana Legislation, 1947