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Articles 1 - 15 of 15
Full-Text Articles in Law
Redefining Tribal Sovereignty For The Era Of Fundamental Rights, Michael Doran
Redefining Tribal Sovereignty For The Era Of Fundamental Rights, Michael Doran
Indiana Law Journal
This Article explains a longstanding problem in federal Indian law. For two centuries, the U.S. Supreme Court has repeatedly acknowledged the retained, inherent sovereignty of American Indian tribes. But more recently, the Court has developed the implicit-divestiture theory to deny tribal governments criminal and civil jurisdiction over nonmembers, even with respect to activities on tribal lands. Legal scholars have puzzled over this move from a territorial-based definition of tribal sovereignty to a membership-based definition; they have variously explained it as the Court’s abandonment of the foundational principles of Indian law, the product of the Court’s indifference or even racist hostility …
A Serendipitous Experiment In Percolation Of Intellectual Property Doctrine, Daniel R. Cahoy, Lynda J. Oswald
A Serendipitous Experiment In Percolation Of Intellectual Property Doctrine, Daniel R. Cahoy, Lynda J. Oswald
Indiana Law Journal
This Article fills a gap in the literature by providing novel and unique empirical evidence of the impact of percolated intellectual property doctrine versus the impact of isolated doctrine from a specialized court. It relies on the U.S. Supreme Court’s paired decisions in 2014 in Octane Fitness, LLC v. ICON Health & Fitness, Inc.15 and Highmark, Inc. v. Allcare Health Management Systems, Inc.16 to highlight a natural forum for evaluating the effects of percolation on federal legal doctrine. At issue in those cases was the fee-shifting language of Section 285 of the Patent Act: “The court in exceptional cases may …
Trump, The Court, And Constitutional Law, Erwin Chemerinsky
Trump, The Court, And Constitutional Law, Erwin Chemerinsky
Indiana Law Journal
In this Essay, I want to offer initial thoughts on what the Trump presidency is likely to mean for constitutional law. First, I want to focus on the lost opportunity: what might have happened had Hillary Clinton replaced Scalia and filled other vacancies on the Court. Second, I want to focus on the reality of what we are likely to see as a result of Neil Gorsuch replacing Antonin Scalia and of other possible vacancies being filled by President Trump. Finally, I want to discuss how progressives should react to this and to the foreseeable future of constitutional law. These, …
"Be Careful What You Ask For": The 2000 Presidential Election, The U.S. Supreme Court, And The Law Of Criminal Procedure, Craig M. Bradley, Joseph L. Hoffmann
"Be Careful What You Ask For": The 2000 Presidential Election, The U.S. Supreme Court, And The Law Of Criminal Procedure, Craig M. Bradley, Joseph L. Hoffmann
Indiana Law Journal
No abstract provided.
The Legitimacy Of Cross-Gender Searches And Surveillance In Prisons: Defining An Appropriate And Uniform Review, Karoline E. Jackson
The Legitimacy Of Cross-Gender Searches And Surveillance In Prisons: Defining An Appropriate And Uniform Review, Karoline E. Jackson
Indiana Law Journal
No abstract provided.
Cruelty And Original Intent: A Socratic Dialogue, Kent Greenfield
Cruelty And Original Intent: A Socratic Dialogue, Kent Greenfield
Indiana Law Journal
No abstract provided.
Is Innocence Sufficient? An Essay On The U.S. Supreme Court's Continuing Problems With Federal Habeas Corpus And The Death Penalty, Joseph L. Hoffmann
Is Innocence Sufficient? An Essay On The U.S. Supreme Court's Continuing Problems With Federal Habeas Corpus And The Death Penalty, Joseph L. Hoffmann
Indiana Law Journal
No abstract provided.
Statistics For Wage Discrimination Cases: Why The Statistical Models Used Cannot Prove Or Disprove Sex Discrimination, James T. Mckeown
Statistics For Wage Discrimination Cases: Why The Statistical Models Used Cannot Prove Or Disprove Sex Discrimination, James T. Mckeown
Indiana Law Journal
No abstract provided.
Professional Sports Leagues, Antitrust, And The Single-Entity Theory: A Defense Of The Status Quo, Michael S. Jacobs
Professional Sports Leagues, Antitrust, And The Single-Entity Theory: A Defense Of The Status Quo, Michael S. Jacobs
Indiana Law Journal
No abstract provided.
Putative Fathers And Parental Interests: A Search For Protection, Stacy Lynn Hill
Putative Fathers And Parental Interests: A Search For Protection, Stacy Lynn Hill
Indiana Law Journal
No abstract provided.
Forward: Paul Bator: Legislative And Administrative Courts Under Article Iii Symposium, Patrick L. Baude
Forward: Paul Bator: Legislative And Administrative Courts Under Article Iii Symposium, Patrick L. Baude
Indiana Law Journal
Symposium: Paul Bator: Legislative and Administrative Courts Under Article III
Dancing In The Dark: The Eighth Circuit's Interpretation Of The Establishment Clause In Clayton By Clayton V. Place, Jeffrey A. Leon
Dancing In The Dark: The Eighth Circuit's Interpretation Of The Establishment Clause In Clayton By Clayton V. Place, Jeffrey A. Leon
Indiana Law Journal
No abstract provided.
Observations On The Supreme Court's Recent Affirmative Action Cases, Julia C. Lamber
Observations On The Supreme Court's Recent Affirmative Action Cases, Julia C. Lamber
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.
Use Of Marshaling To Defeat Trustee In Bankruptcy: Equity Misapplied, James P. Mulroy
Use Of Marshaling To Defeat Trustee In Bankruptcy: Equity Misapplied, James P. Mulroy
Indiana Law Journal
No abstract provided.