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Full-Text Articles in Law

Justice Brennan's Gender Jurisprudence, Rebecca Korzec Oct 1991

Justice Brennan's Gender Jurisprudence, Rebecca Korzec

All Faculty Scholarship

During his thirty-four year tenure on the Supreme Court, Justice William Joseph Brennan, Jr. demonstrated unparalleled sensitivity to the protection of individual rights. Justice Brennan's landmark opinions included Baker v. Carr, Goldberg v. Kelly, and New York Times Co. v. Sullivan. before Brennan, Supreme Court jurisprudence exalted judicial passivity by employing techniques for avoiding constitutional issues, such as abstention, comity, exhaustion of remedies and the political question doctrine.

Against this background, Brennan became an active judicial voice in a series of innovative landmark cases, including decisions requiring federal officials to pay damages for violation of citizens' constitutional rights; authorizing federal …


Modern Confession Law After Duckworth V. Eagan: What's The Use Of Explaining?, Julia C. Weissman Jul 1991

Modern Confession Law After Duckworth V. Eagan: What's The Use Of Explaining?, Julia C. Weissman

Indiana Law Journal

No abstract provided.


Authoritarianism And The Rule Of Law, Lynne Henderson Apr 1991

Authoritarianism And The Rule Of Law, Lynne Henderson

Indiana Law Journal

No abstract provided.


Drug Testing And Welfare: Taking The Drug War To Unconstitutional Limits?, Philippa M. Guthrie Apr 1991

Drug Testing And Welfare: Taking The Drug War To Unconstitutional Limits?, Philippa M. Guthrie

Indiana Law Journal

No abstract provided.


Challenging Sodomy Statutes: State Constitutional Protections For Sexual Privacy, Julie A. Morris Apr 1991

Challenging Sodomy Statutes: State Constitutional Protections For Sexual Privacy, Julie A. Morris

Indiana Law Journal

No abstract provided.


Target Corporations, Hostile Horizontal Takeovers And Antitrust Injury Under Section 16 Of The Clayton Act After Cargill, Brent W. Huber Apr 1991

Target Corporations, Hostile Horizontal Takeovers And Antitrust Injury Under Section 16 Of The Clayton Act After Cargill, Brent W. Huber

Indiana Law Journal

No abstract provided.


Book Review Of The U.S. Supreme Court: A Bibliography, James S. Heller Jan 1991

Book Review Of The U.S. Supreme Court: A Bibliography, James S. Heller

Library Staff Publications

No abstract provided.


Justice Harlan And The Bill Of Rights: A Dichotomy In Constitutional Analysis, Roger J. Miner '56 Jan 1991

Justice Harlan And The Bill Of Rights: A Dichotomy In Constitutional Analysis, Roger J. Miner '56

Endowed/named Lectures and Keynote Addresses

No abstract provided.


Personal Jurisdiction And The Beetle In The Box, Wendy Collins Perdue Jan 1991

Personal Jurisdiction And The Beetle In The Box, Wendy Collins Perdue

Law Faculty Publications

In 1980 in World-Wide Volkswagen v. Woodson, the Supreme Court described personal jurisdiction as "an instrument of interstate federalism." Two years later in Insurance Corporation of Ireland v. Compagnie des Bauxites de Guinee, the Court back-pedaled and explained that personal jurisdiction "represents a restriction on judicial power not as a matter of sovereignty, but as a matter of individual liberty." Then, in 1985 in Phillips Petroleum v. Shutts, the Court explained that the purpose of personal jurisdiction is "to protect a defendant from the travail of defending in a distant forum." Three years later in Van Cauwenberghe v. Biard, …


Justice Brennan And The First Amendment Minefield: In Respectful Appreciation, Ralph Michael Stein Jan 1991

Justice Brennan And The First Amendment Minefield: In Respectful Appreciation, Ralph Michael Stein

Elisabeth Haub School of Law Faculty Publications

It is a special privilege, and a personal joy, for me to have the opportunity to contribute a piece honoring such a revered figure. I make no claim to scholarly objectivity. My premise is simple: William J. Brennan has given us a legacy of first amendment decisions, concurrences, and dissents that reflect great honor on the jurist. My portion of this Festschrift provides selected examples of Justice Brennan's contribution, and concludes by thanking him for serving, through his opinions, as a mentor for me throughout my career as a teacher of constitutional law.


Religious Purpose, Inerrancy, And The Establishment Clause, Daniel O. Conkle Jan 1991

Religious Purpose, Inerrancy, And The Establishment Clause, Daniel O. Conkle

Indiana Law Journal

No abstract provided.


Civil Service Appointments And Promotions Jan 1991

Civil Service Appointments And Promotions

Touro Law Review

No abstract provided.


Trial By Jury Jan 1991

Trial By Jury

Touro Law Review

No abstract provided.


Equal Protection Jan 1991

Equal Protection

Touro Law Review

No abstract provided.


Search And Seizure Jan 1991

Search And Seizure

Touro Law Review

No abstract provided.


Separation Of Powers Jan 1991

Separation Of Powers

Touro Law Review

No abstract provided.


Section 1983, Honorable George C. Pratt, Martin A. Schwartz, Leon Friedman Jan 1991

Section 1983, Honorable George C. Pratt, Martin A. Schwartz, Leon Friedman

Touro Law Review

No abstract provided.


Interaction Between State And Federal Right To Counsel: The Overruling Of Bartolomeounsel: The Overruling Of Bartolomeo, Joseph D. Sullivan Jan 1991

Interaction Between State And Federal Right To Counsel: The Overruling Of Bartolomeounsel: The Overruling Of Bartolomeo, Joseph D. Sullivan

Touro Law Review

No abstract provided.


Confrontation Clause Jan 1991

Confrontation Clause

Touro Law Review

No abstract provided.


Confrontation Clause Jan 1991

Confrontation Clause

Touro Law Review

No abstract provided.


Confrontation Clause Jan 1991

Confrontation Clause

Touro Law Review

No abstract provided.


Due Process Jan 1991

Due Process

Touro Law Review

No abstract provided.


Equal Protection Jan 1991

Equal Protection

Touro Law Review

No abstract provided.


Equal Protection Jan 1991

Equal Protection

Touro Law Review

No abstract provided.


Equal Protection Jan 1991

Equal Protection

Touro Law Review

No abstract provided.


Equal Protection Jan 1991

Equal Protection

Touro Law Review

No abstract provided.


Equal Protection Jan 1991

Equal Protection

Touro Law Review

No abstract provided.


Right To Counsel Jan 1991

Right To Counsel

Touro Law Review

No abstract provided.


Justice William J. Brennan, Jr. - The Moral Force Of His Language, Bennett L. Gershman Jan 1991

Justice William J. Brennan, Jr. - The Moral Force Of His Language, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

The enduring strength of Justice William J. Brennan Jr.'s constitutional vision is a tribute to his extraordinary scholarship and powerful logic. His opinions will be studied, cited, and honored for generations for their immense contribution to the constitutional protection of individual rights. But there is a further dimension to his jurisprudence that has always struck me - the moral force of his language. Justice Brennan's eloquent, passionate, and compassionate prose constantly exhorts us to a higher moral plane. To the disadvantaged, the accused, the dissident, and the condemned, Justice Brennan's words are a timeless anthem of sustenance and hope.


Eighteen Feet Of Clay: Thoughts On Phantom Rule 4(M), Gene R. Shreve Jan 1991

Eighteen Feet Of Clay: Thoughts On Phantom Rule 4(M), Gene R. Shreve

Indiana Law Journal

No abstract provided.