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Full-Text Articles in Law
Anti-Horse Slaughter Legislation: Bad For Horses, Bad For Society, Laura J. Durfee
Anti-Horse Slaughter Legislation: Bad For Horses, Bad For Society, Laura J. Durfee
Indiana Law Journal
No abstract provided.
Rethinking Judicial Deference To Legislation Fact-Finding, Caitlin E. Borgmann
Rethinking Judicial Deference To Legislation Fact-Finding, Caitlin E. Borgmann
Indiana Law Journal
It is traditionally assumed that the role of ascertaining and evaluating the social facts underlying a statute belongs to the legislatures. The courts in turn are tasked with deciding the law and must defer to legislative fact-finding on relevant issues of social fact. This simplistic formula, however, does not accurately describe the courts' confused approach to legislative fact-finding. Although the courts often speak in terms of deference, they follow no consistent or predictable pattern in deciding whether to defer in a given case. Moreover, blanket judicial deference to legislative fact-finding would not be a wise general rule. Because social fact-finding …
Scientific Avoidance: Toward More Principled Judicial Review Of Legislative Science, Emily H. Meazell
Scientific Avoidance: Toward More Principled Judicial Review Of Legislative Science, Emily H. Meazell
Indiana Law Journal
Courts increasingly confront legislative enactments made in light of scientific uncertainty. Even so, the degree of deference appropriate to this type of judicial review is a moving target, seemingly determined on an ad hoc, unprincipled basis. On one hand, the decision of how to legislate in light of scientific uncertainty is quintessentially one of policy, suggesting that the highest degree of deference is appropriate. But certain classes of cases, and certain types of scientific questions, seem singularly inappropriate for extreme judicial deference. While significant scholarly attention has focused on the comparative institutional competence of courts and legislatures with respect to …