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Indiana Law Journal

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Articles 901 - 930 of 4891

Full-Text Articles in Law

Examining The Underlying Purposes Of Municipal And Statewide Smoking Bans, Mark J. Horvick Jul 2005

Examining The Underlying Purposes Of Municipal And Statewide Smoking Bans, Mark J. Horvick

Indiana Law Journal

No abstract provided.


In Defense Of Maroni: Why Parents Should Be Allowed To Proceed Pro Se In Idea Cases, M. Brendhan Flynn Jul 2005

In Defense Of Maroni: Why Parents Should Be Allowed To Proceed Pro Se In Idea Cases, M. Brendhan Flynn

Indiana Law Journal

No abstract provided.


Determining When Two Offenses Are The Same Under Indiana's Criminal Rule 4, Howard W. Anderson Iii Jul 2005

Determining When Two Offenses Are The Same Under Indiana's Criminal Rule 4, Howard W. Anderson Iii

Indiana Law Journal

No abstract provided.


Being Reasonable Under The Fair Housing Amendments Act: Allowing Changes In Rent-Admission Policies To Accommodate The Disabled Renter's Economic Status, Abram B. Gregory Jul 2005

Being Reasonable Under The Fair Housing Amendments Act: Allowing Changes In Rent-Admission Policies To Accommodate The Disabled Renter's Economic Status, Abram B. Gregory

Indiana Law Journal

No abstract provided.


Law And The Emotions: The Problems Of Affective Forecasting, Jeremy A. Blumenthal Apr 2005

Law And The Emotions: The Problems Of Affective Forecasting, Jeremy A. Blumenthal

Indiana Law Journal

Legal scholarship on "behavioralism" and the implications of cognitive biases for the law is flourishing. In parallel with the rise of such commentary, legal scholars have begun to discuss the role of the emotions in legal discourse. This discussion often addresses the "appropriateness" of various emotions for the substantive law, or attempts to model the place of the emotions in the law. Implicit in some of these theories, however, and explicit in others, is the assumption that emotions are "predictable," "manageable, "and (for some commentators) under conscious control. This assumption is belied by psychological research on affective forecasting that demonstrates …


The Price We Are Willing To Pay For Punitive Justice In The Juvenile Detention System: Mentally Ill Delinquents And Their Disproportionate Share Of The Burden, Jessica Ann Garascia Apr 2005

The Price We Are Willing To Pay For Punitive Justice In The Juvenile Detention System: Mentally Ill Delinquents And Their Disproportionate Share Of The Burden, Jessica Ann Garascia

Indiana Law Journal

No abstract provided.


Reconsidering The Nondelegation Doctrine: Universal Service, The Power To Tax, And The Ratification Doctrine, Ronald J. Krotoszynski Jr. Apr 2005

Reconsidering The Nondelegation Doctrine: Universal Service, The Power To Tax, And The Ratification Doctrine, Ronald J. Krotoszynski Jr.

Indiana Law Journal

No abstract provided.


Lucky: The Sequel, Martha Chamallas Apr 2005

Lucky: The Sequel, Martha Chamallas

Indiana Law Journal

No abstract provided.


Treaties As Laws: A Defense Of The Last-In-Time Rule For Treaties And Federal Statutes, Julian G. Ku Apr 2005

Treaties As Laws: A Defense Of The Last-In-Time Rule For Treaties And Federal Statutes, Julian G. Ku

Indiana Law Journal

For nearly 150 years, courts have applied the "last-in-time" rule to resolve conflicts between treaties and federal statutes by giving effect to whichever was enacted later in time. Despite its acceptance by the courts, this rule has received unanimous criticism in the legal academy. In this article, I present the first comprehensive defense of the last-in-time rule on textual, structural, historical, and functional grounds. I argue that the last-in-time rule should be applied because the text of the Constitution grants treaties the status of enacted domestic law. As such, treaties are subject to the principle of statutory construction, leges posteriors …


Tort Liability After The Dust Settles: An Economic Analysis Of The Airline Defendants' Duty To Ground Victims In The September 11 Litigation, David Y. Stevens Apr 2005

Tort Liability After The Dust Settles: An Economic Analysis Of The Airline Defendants' Duty To Ground Victims In The September 11 Litigation, David Y. Stevens

Indiana Law Journal

No abstract provided.


Contract Theory In Nineteenth-Century Indiana Courts: An Argument For Non-Bargain Based Promissory Liability, Paul Dubbeling Apr 2005

Contract Theory In Nineteenth-Century Indiana Courts: An Argument For Non-Bargain Based Promissory Liability, Paul Dubbeling

Indiana Law Journal

No abstract provided.


Empowering Subprime Borrowers: Mandatory Unsecured Credit Payoffs As Finance Charges, Steven R. Sharpe Apr 2005

Empowering Subprime Borrowers: Mandatory Unsecured Credit Payoffs As Finance Charges, Steven R. Sharpe

Indiana Law Journal

No abstract provided.


Contesting Gender In Popular Culture And Family Law: Middlesex And Other Transgender Tales, Susan Frelich Appleton Apr 2005

Contesting Gender In Popular Culture And Family Law: Middlesex And Other Transgender Tales, Susan Frelich Appleton

Indiana Law Journal

No abstract provided.


Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report (Introduction And Participants) Jan 2005

Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report (Introduction And Participants)

Indiana Law Journal

Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.


Report Of The Governor's Council On Capital Punishment, Joseph L. Hoffmann, Fredrick R. Bieber, Robert Barton, Ralph Boyd Jr., Timothy J. Cruz, Donald R. Hayes Jr., Dr. Henry Lee, Henry Moniz, Kathleen O'Toole, Carl M. Selavka, Michael J. Sullivan Jan 2005

Report Of The Governor's Council On Capital Punishment, Joseph L. Hoffmann, Fredrick R. Bieber, Robert Barton, Ralph Boyd Jr., Timothy J. Cruz, Donald R. Hayes Jr., Dr. Henry Lee, Henry Moniz, Kathleen O'Toole, Carl M. Selavka, Michael J. Sullivan

Indiana Law Journal

Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.


Strategy And Remorse In Capital Trials, Andrew D. Leipold Jan 2005

Strategy And Remorse In Capital Trials, Andrew D. Leipold

Indiana Law Journal

Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.


A Psychologist's Perspective On Capital Juries, Steven J. Sherman Jan 2005

A Psychologist's Perspective On Capital Juries, Steven J. Sherman

Indiana Law Journal

Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.


Substantive Appellate Review In Capital Cases, Joseph L. Hoffmann Jan 2005

Substantive Appellate Review In Capital Cases, Joseph L. Hoffmann

Indiana Law Journal

Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.


The History Of Capital Appeals In Massachusetts, William J. Meade Jan 2005

The History Of Capital Appeals In Massachusetts, William J. Meade

Indiana Law Journal

Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.


Procedural Default In Capital Cases, F. Thomas Schornhorst Jan 2005

Procedural Default In Capital Cases, F. Thomas Schornhorst

Indiana Law Journal

Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.


Ethics, Science, And The Law Of Capital Punishment, Fredrick R. Bieber Jan 2005

Ethics, Science, And The Law Of Capital Punishment, Fredrick R. Bieber

Indiana Law Journal

Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.


A Scientist's Perspective On Forensic Science, Carl M. Selavka Jan 2005

A Scientist's Perspective On Forensic Science, Carl M. Selavka

Indiana Law Journal

Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.


Changing The Role Of Appellate Judges In Capital Cases, Sam Kamin Jan 2005

Changing The Role Of Appellate Judges In Capital Cases, Sam Kamin

Indiana Law Journal

Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.


Open Discussion: Post-Trial Review Jan 2005

Open Discussion: Post-Trial Review

Indiana Law Journal

Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.


Symbol And Substance In The Massachusetts Commission Report, Franklin E. Zimring Jan 2005

Symbol And Substance In The Massachusetts Commission Report, Franklin E. Zimring

Indiana Law Journal

Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.


Death Qualification And True Bifurcation: Building On The Massachusetts Governor's Council's Work, Sam Kamin, Jeffrey J. Pokorak Jan 2005

Death Qualification And True Bifurcation: Building On The Massachusetts Governor's Council's Work, Sam Kamin, Jeffrey J. Pokorak

Indiana Law Journal

No abstract provided.


Response To Professors Kamin And Pokorak, Joseph L. Hoffmann Jan 2005

Response To Professors Kamin And Pokorak, Joseph L. Hoffmann

Indiana Law Journal

No abstract provided.


Welcoming Remarks, Joseph L. Hoffmann, William J. Mead Jan 2005

Welcoming Remarks, Joseph L. Hoffmann, William J. Mead

Indiana Law Journal

Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report


False Positives And False Negatives In Capital Cases, Erik Lillquist Jan 2005

False Positives And False Negatives In Capital Cases, Erik Lillquist

Indiana Law Journal

Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.


The Problem Of Death Qualification, Nancy J. King Jan 2005

The Problem Of Death Qualification, Nancy J. King

Indiana Law Journal

Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.