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Sticks, Stones, And So-Called Judges: Why The Era Of Trump Necessitates Revisiting Presidential Influence On The Courts, Quinn W. Crowley Jan 2019

Sticks, Stones, And So-Called Judges: Why The Era Of Trump Necessitates Revisiting Presidential Influence On The Courts, Quinn W. Crowley

Indiana Law Journal

This Note will be primarily divided into three main sections. Part I of this Note will begin by discussing the importance of judicial independence in modern society and the role of elected officials in shaping the public perception of the courts. Additionally, as problems of judicial legitimacy are age-old and date back to America’s founding, Part I will include a brief discussion of an early clash between President Thomas Jefferson and the courts.

Parts II and III of this Note will seek to place President Trump’s conduct towards the judicial branch within the proper historical context. Part II examines the …


How Conservative Justices Are Undertermining Our Democracy (Or What's At Stake In Choosing Justice Scalia, Alan E. Garfield Jan 2017

How Conservative Justices Are Undertermining Our Democracy (Or What's At Stake In Choosing Justice Scalia, Alan E. Garfield

Indiana Law Journal

In this essay, Professor Garfield contends that the conservative justices on the Supreme Court have allowed elected officials to manipulate laws to entrench themselves in office and to disenfranchise voters who threaten their power. The justices’ unwillingness to curb these abuses has largely redounded to the benefit of the Republican Party because Republicans control the majority of state legislatures and have used this power to gerrymander legislative districts and to enact voter‑suppressive laws such as voter ID laws. With Justice Antonin Scalia’s unexpected passing during the administration of a Democratic president, the conservatives’ control of the Court has been put …


Expert Prevalence, Persuasion And Price: What Trial Participants Really Think About Experts, Andrew W. Jurs Jan 2016

Expert Prevalence, Persuasion And Price: What Trial Participants Really Think About Experts, Andrew W. Jurs

Indiana Law Journal

By measuring how expert witnesses are actually used in court, this study offers important new data about what makes expert effective and suggests that some commonly held beliefs about experts are misguided. In doing so, the data establishes an important new baseline for measuring expert witnesses in court, updating and expanding on prior research in the field.


Incorporation Of The Establishment Clause Against The States: A Logical, Textual, And Historical Account, Frederick Mark Gedicks Apr 2013

Incorporation Of The Establishment Clause Against The States: A Logical, Textual, And Historical Account, Frederick Mark Gedicks

Indiana Law Journal

Incorporation of the Establishment Clause against the states through the Fourteenth Amendment is logically and textually impossible—so say most academics, a few lower-court judges, and a Supreme Court Justice. They maintain that because the Clause was originally understood as a structural limitation that protected state power against the federal government, it cannot restrain state power or fit within the Fourteenth Amendment texts that protect personal rights— indeed, that attempts to show that it does are laughable.

This purported incoherence and textual inconsistency enable anti-incorporation critics to avoid serious engagement of the anti-establishment dimensions of Reconstruction history. They also undermine the …


Building The Federal Judiciary (Literally And Legally): The Monuments Of Chief Justices Taft, Warren And Rehnquist, Judith Resnik Jul 2012

Building The Federal Judiciary (Literally And Legally): The Monuments Of Chief Justices Taft, Warren And Rehnquist, Judith Resnik

Indiana Law Journal

The “federal courts” took on their now familiar contours over the course of the twentieth century. Three chief justices—William Howard Taft, Earl Warren, and William Rehnquist—played pivotal roles in shaping the institutional, jurisprudential, and physical premises. Taft is well known for promoting a building to house the U.S. Supreme Court and for launching the administrative infrastructure that came to govern the federal courts. Earl Warren’s name has become the shorthand for a jurisprudential shift from state toward federal authority; the Warren Court offered an expansive understanding of the role federal courts could play in enabling access for a host of …


Judge-Jury Communications: Improving Communications And Understanding Bias, Ladoris Hazzard Cordell, Robert Rosenthal, Charles F.C. Ruff, Steven J. Adler Oct 1993

Judge-Jury Communications: Improving Communications And Understanding Bias, Ladoris Hazzard Cordell, Robert Rosenthal, Charles F.C. Ruff, Steven J. Adler

Indiana Law Journal

Symposium: Improving Communications in the Courtroom


Calibrating The Scales Of Justice: Studying Judges' Behavior In Bench Trials, Peter David Blanck Oct 1993

Calibrating The Scales Of Justice: Studying Judges' Behavior In Bench Trials, Peter David Blanck

Indiana Law Journal

No abstract provided.


The Role Of Religious Values In Judicial Decision Making, Scott C. Idleman Apr 1993

The Role Of Religious Values In Judicial Decision Making, Scott C. Idleman

Indiana Law Journal

No abstract provided.


City And Town Courts: Mapping Their Dimensions, Julia C. Lamber, Mary Lee Luskin Jan 1991

City And Town Courts: Mapping Their Dimensions, Julia C. Lamber, Mary Lee Luskin

Indiana Law Journal

No abstract provided.


The Meaning Of Judicial Self-Restraint, Richard A. Posner Jan 1983

The Meaning Of Judicial Self-Restraint, Richard A. Posner

Indiana Law Journal

No abstract provided.


Should Judges Be Politicians?: The English Experience, Gareth Jones Apr 1982

Should Judges Be Politicians?: The English Experience, Gareth Jones

Indiana Law Journal

Addison C. Harris Memorial Lecture presented April 9-10, 1981, at Indiana University School of Law, Bloomington.


The Threat To Judicial Independence, Robert A. Sprecher Jan 1976

The Threat To Judicial Independence, Robert A. Sprecher

Indiana Law Journal

Symposium: Problems of the Federal Judiciary: A View from the Bench


Exploring The Conservatism Of Federal Appeals Court Judges, Charles M. Lamb Jan 1976

Exploring The Conservatism Of Federal Appeals Court Judges, Charles M. Lamb

Indiana Law Journal

No abstract provided.


Must We Have The Nunn Bill? The Alternative Of Judicial Councils Of The Circuits, J. Clifford Wallace Jan 1976

Must We Have The Nunn Bill? The Alternative Of Judicial Councils Of The Circuits, J. Clifford Wallace

Indiana Law Journal

Symposium: Problems of the Federal Judiciary: A View from the Bench


Patent Cases In The District Courts-Who Should Hear Them, Abraham Lincoln Marovitz Jan 1976

Patent Cases In The District Courts-Who Should Hear Them, Abraham Lincoln Marovitz

Indiana Law Journal

Symposium: Problems of the Federal Judiciary: A View from the Bench


Judicial Reasoning And Social Change, David Dittfurth Jan 1975

Judicial Reasoning And Social Change, David Dittfurth

Indiana Law Journal

No abstract provided.


The Russian Judiciary Act Of 1922 And Some Comments On The Administration Of Justice In The Soviet Union, W.J. Wagner Apr 1966

The Russian Judiciary Act Of 1922 And Some Comments On The Administration Of Justice In The Soviet Union, W.J. Wagner

Indiana Law Journal

No abstract provided.


Judicial Selection And Tenure In Indiana: A Critical Analysis And Suggested Reform Jan 1964

Judicial Selection And Tenure In Indiana: A Critical Analysis And Suggested Reform

Indiana Law Journal

Indiana's method of selecting its judiciary by the partisan election process has for years been considered wholly inadequate by those who have given it serious thought. Yet that system persists, notwithstanding many efforts at legislative reform. The Editors of the Indiana Law Journal feel it is the responsibility of all citizens, attorneys and judges to continually seek adoption of the most sound method of selecting and retaining in public office those entrusted with the responsibility of administering justice. The following nwte is presented as one writer's evaluation of the present system and its alternatives, in the hope that it will …


Change Of Venue And Change Of Judge In A Civil Action In Indiana: Proposed Reforms Jan 1963

Change Of Venue And Change Of Judge In A Civil Action In Indiana: Proposed Reforms

Indiana Law Journal

No abstract provided.


A Study In Perfidy, Allan D. Vestal Oct 1959

A Study In Perfidy, Allan D. Vestal

Indiana Law Journal

No abstract provided.


The Writing Of Judicial Biography- An Introduction, Charles Fairman Apr 1949

The Writing Of Judicial Biography- An Introduction, Charles Fairman

Indiana Law Journal

Symposium: The Writing of Judicial Biography

American Political Science Association, Chicago, December 28-30, 1948


Types Of Judicial Biography, Arnaud B. Leavelle Apr 1949

Types Of Judicial Biography, Arnaud B. Leavelle

Indiana Law Journal

Symposium: The Writing of Judicial Biography

American Political Science Association, Chicago, December 28-30, 1948


The Quest For Material, Willard L. King Apr 1949

The Quest For Material, Willard L. King

Indiana Law Journal

Symposium: The Writing of Judicial Biography

American Political Science Association, Chicago, December 28-30, 1948


The Judge In Historical Perspective, Carl B. Swisher Apr 1949

The Judge In Historical Perspective, Carl B. Swisher

Indiana Law Journal

Symposium: The Writing of Judicial Biography

American Political Science Association, Chicago, December 28-30, 1948


Who Is The "Great" Appellate Judge?, Willard Hurst Apr 1949

Who Is The "Great" Appellate Judge?, Willard Hurst

Indiana Law Journal

Symposium: The Writing of Judicial Biography

American Political Science Association, Chicago, December 28-30, 1948


Ingredients Of Judicial Biography, John P. Frank Apr 1949

Ingredients Of Judicial Biography, John P. Frank

Indiana Law Journal

Symposium:

The Writing of Judicial Biography, American Political Science Association, Chicago, December 28-30, 1948


Judges As Students Of American Society, Lynford A. Lardner Apr 1949

Judges As Students Of American Society, Lynford A. Lardner

Indiana Law Journal

Symposium: The Writing of Judicial Biography

American Political Science Association, Chicago, December 28-30, 1948


Judges And Other Court Officers In Indiana Jun 1940

Judges And Other Court Officers In Indiana

Indiana Law Journal

No abstract provided.


Judges And Other Court Officers In Indiana Apr 1940

Judges And Other Court Officers In Indiana

Indiana Law Journal

No abstract provided.


Judicial Selection And Tenure, Milo N. Feightner Feb 1940

Judicial Selection And Tenure, Milo N. Feightner

Indiana Law Journal

President Milo N. Feightner selected from Martindale Hubbell an outstanding lawyer from each state of the Union, who is also a member of the American Bar Association, and submitted to him a questionnaire as to the nomination and selection of judges, their tenure in office, and whether or not satisfactory judges have been obtained under such system. He received replies from forty-three of the forty-eight states, and has submitted to the Journal an abstract of each of these replies, arranged alphabetically by states, which we print for the information of members of the Indiana Bar. We preface these abstracts by …