Law Commons^™

Respeaking The Bill Of Rights: A New Doctrine Of Incorporation, Kurt Lash

Indiana Law Journal

The incorporation of the Bill of Rights against the states by way of the Fourteenth Amendment raises a host of textual, historical, and doctrinal difficulties. This is true even if (especially if) we accept the Fourteenth Amendment as having made the original Bill of Rights binding against the states. Does this mean we have two Bills of Rights, one applicable against the federal government with a “1791” meaning and a second applicable against the state governments with an “1868” meaning? Do 1791 understandings carry forward into the 1868 amendment? Or do 1868 understandings of the Bill of Rights carry backward …

First Amendment Freedoms Diluted: The Impact Of Disclosure Requirements On Nonprofit Charities, Bailie Mittman

Indiana Law Journal

Since the birth of the Bill of Rights in 1791, the freedoms protected by the First Amendment have been cherished by all members of this nation. The First Amendment provides that “Congress shall make no law . . . abridging the freedom of speech.” Over time, courts have acknowledged that the freedom to speak freely means very little if the guarantee is not protected by an additional right: the freedom to associate. Thus, the freedom of expressive association stands as an essential component of an individual’s free speech rights and state infringement on associative rights has the power of potentially …

Rethinking Standards Of Appellate Review, Adam Steinman

Indiana Law Journal

Every appellate decision typically begins with the standard of appellate review. The Supreme Court has shown considerable interest in selecting the standard of appellate review for particular issues, frequently granting certiorari in order to decide whether de novo or deferential review governs certain trial court rulings. This Article critiques the Court's framework for making this choice and questions the desirability of assigning distinct standards of appellate review on an issue-by-issue basis. Rather, the core functions of appellate courts are better served by a single template for review that dispenses with the recurring uncertainty over which standard governs which trial court …

Flipping The Script On Brady, Ion Meyn

Indiana Law Journal

Brady v. Maryland imposes a disclosure obligation on the prosecutor and, for this

reason, is understood to burden the prosecutor. This Article asks whether Brady also

benefits the prosecutor, and if so, how and to what extent does it accomplish this?

This Article first considers Brady’s structural impact—how the case influenced

broader dynamics of litigation. Before Brady, legislative reform transformed civil

and criminal litigation by providing pretrial information to civil defendants but not

to criminal defendants. Did this disparate treatment comport with due process?

Brady arguably answered this question by brokering a compromise: in exchange for

imposing minor obligations on …

Arbitration And The Federal Balance, Alyssa King

Indiana Law Journal

Mandatory arbitration of statutory rights in contracts between parties of unequal bargaining power has drawn political attention at both the federal and state level. The importance of such reforms has only been heightened by the Supreme Court’s expansion of preemption under the FAA and of arbitral authority. This case law creates incentives for courts at all levels to prefer expansive readings of an arbitration clause. As attempts at federal regulation have stalled, state legislatures and regulatory agencies can expect to be subject to renewed focus. If state legislatures cannot easily limit arbitrability, an alternative is to try reforms that seek …

Reciprocal Immunity, Colin Miller

Indiana Law Journal

This essay advances a reciprocal rights theory. It argues that the Constitution precludes statutes and rules from providing nonreciprocal benefits to the State when the lack of reciprocity interferes with the defendant’s ability to secure a fair trial, unless reciprocity would implicate a significant state interest. Therefore, unless a significant State interest is involved, a grant of immunity to a prosecution witness should trigger reciprocal immunity to a directly contradictory defense witness.

Tax Liens, Tax Sales, And Due Process, Frank S. Alexander

Indiana Law Journal

No abstract provided.

State Sales & Use Tax On Internet Transactions, Sandi Owen

Federal Communications Law Journal

The explosive growth of electronic commerce raises serious questions about the viability of the current state sales and use tax system. Sales via the Internet and other electronic means are changing both the form and substance of consumer transactions, and such sales often do not satisfy the traditional nexus requirement for state taxation because on-line vendors frequently lack physical presence in the purchaser’s home state. The inability to collect taxes on this growing segment of the retail sales market will impair states’ efforts to raise revenues and cause economically similar transactions to be treated differently. Consequently, Congress must act pursuant …

Constitutional Defenses Against Punitive Damages: Down But Not Out, Nicholas K. Kile

Indiana Law Journal

No abstract provided.

Of History And Due Process, Edward P. Steegmann

Indiana Law Journal

No abstract provided.

Balancing Due Process And Academic Integrity In Intercollegiate Athletics: The Scholarship Athlete's Limited Property Interest In Eligibility, Brian L. Porto

Indiana Law Journal

No abstract provided.

The Second Death Of Substantive Due Process, Daniel O. Conkle

Indiana Law Journal

No abstract provided.

Due Process In The Administration Of General Assistance: Are Written Standards Protecting The Indigent?, Cynthia J. Reichard

Indiana Law Journal

No abstract provided.

Euthanasia: Due Process For Death With Dignity; The Living Will, Luis Kutner

Indiana Law Journal

No abstract provided.

Due Process And The Insanity Defense: The Supreme Court's Retreat From Winship And Mullaney, Jeffrey A. Burger

Indiana Law Journal

No abstract provided.

Due Process And The Automatic Fuel Adjustment Clause, Randall Ogg

Indiana Law Journal

No abstract provided.

Implications Of Morrissey V. Brewer For Prison Disciplinary Hearings In Indiana, Marcia W. Sullivan

Indiana Law Journal

No abstract provided.

Aspects Of A Constitutional Right To A Habitable Environment: Towards An Environmental Due Process, Ronald E. Klipsch

Indiana Law Journal

No abstract provided.

Parent's Right To Counsel In Dependency And Neglect Proceedings, Jean Whitaker Sutton

Indiana Law Journal

No abstract provided.

Legislative Contempt And Due Process: The Groppi Cases, Thomas L. Shriner Jr.

Indiana Law Journal

No abstract provided.

Right To Jury Trial: Indiana's Misapplication Of Due Process Standards In Delinquency Hearings, Robert Gullick

Indiana Law Journal

No abstract provided.

Due Process Of Euthanasia: The Living Will, A Proposal, Luis Kutner

Indiana Law Journal

No abstract provided.

The Constitutional Limits Of Discovery

Indiana Law Journal

No abstract provided.

The Development Of Constitutional Guarantees Of Liberty, By Roscoe Pound, Howard Jay Graham

Indiana Law Journal

No abstract provided.

Potentialities Of Equal Protection As An Implement Of Judicial Review

Indiana Law Journal

No abstract provided.

Indiana Sexual Psychopath Statute

Indiana Law Journal

No abstract provided.

Broad Scope Of State Regulatory Power Reaffirmed

Indiana Law Journal

Recent Cases: Due Process

Denial Of Due Process By Use Of Coerced Confessions

Indiana Law Journal

Recent Cases: Constitutional Law

Right To Counsel

Indiana Law Journal

Constitutional Law Note

Criminal Law-Due Process--Privilege Against Self-Incrimination

Indiana Law Journal

No abstract provided.