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Full-Text Articles in Law

Evolving Values, Animus, And Same-Sex Marriage, Daniel O. Conkle Jan 2014

Evolving Values, Animus, And Same-Sex Marriage, Daniel O. Conkle

Indiana Law Journal

In this Essay, I contend that a Fourteenth Amendment right to same-sex marriage will emerge, and properly so, when the Supreme Court determines that justice so requires and when, in the words of Professor Alexander Bickel, the Court’s recognition of this right will “in a rather immediate foreseeable future . . . gain general assent.” I suggest that we are fast approaching that juncture, and I go on to analyze three possible justifications for such a ruling: first, substantive due process; second, heightened scrutiny equal protection; and third, rational basis equal protection coupled with a finding of illicit “animus.” I …


The Failure Of Adversarial Process In The Administrative State, Bryan T. Camp Jan 2009

The Failure Of Adversarial Process In The Administrative State, Bryan T. Camp

Indiana Law Journal

No abstract provided.


Toward A Unified Test Of Personal Jurisdiction In An Era Of Widely Diffused Wrongs: The Relevance Of Purpose And Effects, C. Douglas Floyd, Shima Baradaran-Robison Apr 2006

Toward A Unified Test Of Personal Jurisdiction In An Era Of Widely Diffused Wrongs: The Relevance Of Purpose And Effects, C. Douglas Floyd, Shima Baradaran-Robison

Indiana Law Journal

No abstract provided.


Are We Only Burning Witches? The Antiterrorism And Effective Death Penalty Act Of 1996'S Answer To Terrorism, Jennifer A. Beall Apr 1998

Are We Only Burning Witches? The Antiterrorism And Effective Death Penalty Act Of 1996'S Answer To Terrorism, Jennifer A. Beall

Indiana Law Journal

No abstract provided.


Putting Martinez To The Test: Tribal Court Disposition Of Due Process, Christian M. Freitag Jul 1997

Putting Martinez To The Test: Tribal Court Disposition Of Due Process, Christian M. Freitag

Indiana Law Journal

No abstract provided.


Equality Under The Law Or Annihilation Of Marriage And Morals? The Same-Sex Marriage Debate, Germaine Winnick Willett Jan 1997

Equality Under The Law Or Annihilation Of Marriage And Morals? The Same-Sex Marriage Debate, Germaine Winnick Willett

Indiana Law Journal

No abstract provided.


Neutral Principles And The Right To Neutral Access To The Courts, Jeffrey R. Pankratz Oct 1992

Neutral Principles And The Right To Neutral Access To The Courts, Jeffrey R. Pankratz

Indiana Law Journal

No abstract provided.


Substantive Due Process Analysis And The Lockean Liberal Tradition: Rethinking The Modern Privacy Cases, Jeffrey S. Koehlinger Jul 1990

Substantive Due Process Analysis And The Lockean Liberal Tradition: Rethinking The Modern Privacy Cases, Jeffrey S. Koehlinger

Indiana Law Journal

No abstract provided.


Charlotte's Web: Reflections On The Role Of Due Process In Academic Decisionmaking, Sue Wolf Brenner Jul 1981

Charlotte's Web: Reflections On The Role Of Due Process In Academic Decisionmaking, Sue Wolf Brenner

Indiana Law Journal

No abstract provided.


Criminal Trials In Absentia: A Proposed Reform For Indiana, Myra L. Willis Oct 1980

Criminal Trials In Absentia: A Proposed Reform For Indiana, Myra L. Willis

Indiana Law Journal

No abstract provided.


Constitutional Limitations On Government Disclosure Of Private Trade Secret Information, Richard W. Young Jan 1980

Constitutional Limitations On Government Disclosure Of Private Trade Secret Information, Richard W. Young

Indiana Law Journal

No abstract provided.


Admission Of Polygraph Results: A Due Process Perspective, Thomas K. Downs Oct 1979

Admission Of Polygraph Results: A Due Process Perspective, Thomas K. Downs

Indiana Law Journal

No abstract provided.


Due Process And The Insanity Defense: The Supreme Court's Retreat From Winship And Mullaney, Jeffrey A. Burger Oct 1978

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

Indiana Law Journal

No abstract provided.


Judicial Consideration Of The Delegation Of Legislative Power To Regulatory Agencies In The Progressive Era, John H. Garvey Oct 1978

Judicial Consideration Of The Delegation Of Legislative Power To Regulatory Agencies In The Progressive Era, John H. Garvey

Indiana Law Journal

No abstract provided.


The Contingent Compensation Of Expert Witnesses In Civil Litigation, Reed E. Shaper Apr 1977

The Contingent Compensation Of Expert Witnesses In Civil Litigation, Reed E. Shaper

Indiana Law Journal

No abstract provided.


The Right Of Prisoner Access: Does Bounds Have Bounds?, Josephine R. Potuto Jan 1977

The Right Of Prisoner Access: Does Bounds Have Bounds?, Josephine R. Potuto

Indiana Law Journal

No abstract provided.


Prisoner Property Deprivations: Section 1983 And The Fourteenth Amendment, Steven H. Hazelrigg Jul 1976

Prisoner Property Deprivations: Section 1983 And The Fourteenth Amendment, Steven H. Hazelrigg

Indiana Law Journal

No abstract provided.


A Constitutional Analysis Of Indiana's "Fleeing A Police Officer" Statute, Jane Mallor Oct 1975

A Constitutional Analysis Of Indiana's "Fleeing A Police Officer" Statute, Jane Mallor

Indiana Law Journal

No abstract provided.


Justice Sherman Minton And The Balance Of Liberty, David N. Atkinson Oct 1974

Justice Sherman Minton And The Balance Of Liberty, David N. Atkinson

Indiana Law Journal

No abstract provided.


Indian Tribal Courts And Procedural Due Process: A Different Standard, Peter W. Birkett Jul 1974

Indian Tribal Courts And Procedural Due Process: A Different Standard, Peter W. Birkett

Indiana Law Journal

No abstract provided.


Implications Of Morrissey V. Brewer For Prison Disciplinary Hearings In Indiana, Marcia W. Sullivan Jan 1974

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

Indiana Law Journal

No abstract provided.


Constitutionality Of Cost And Fee Barriers For Indigent Litigants: Searching For The Remains Of Boddie After A Kras-Landing, Steve Barber Apr 1973

Constitutionality Of Cost And Fee Barriers For Indigent Litigants: Searching For The Remains Of Boddie After A Kras-Landing, Steve Barber

Indiana Law Journal

No abstract provided.


The Constitutionality Of Indiana's Civil Change Of Venue Law: Change For The Sake Of Change, James R. Pielemeier Oct 1972

The Constitutionality Of Indiana's Civil Change Of Venue Law: Change For The Sake Of Change, James R. Pielemeier

Indiana Law Journal

No abstract provided.


Juvenile Courts And The Legacy Of '67, Monrad G. Paulsen Apr 1968

Juvenile Courts And The Legacy Of '67, Monrad G. Paulsen

Indiana Law Journal

Symposium on Juvenile Problems: In re Gault


A Plea For A Uniform Parole Evidence Rule And Principles Of Contract Interpretation, John D. Calamari, Joseph M. Perillo Apr 1967

A Plea For A Uniform Parole Evidence Rule And Principles Of Contract Interpretation, John D. Calamari, Joseph M. Perillo

Indiana Law Journal

No abstract provided.


Prejudicial Publicity And The Fair Trial: A Comparative Examination Of American, English And Commonwealth Law, Addison C. Harris Memorial Lecture, Zelman Cowen Oct 1965

Prejudicial Publicity And The Fair Trial: A Comparative Examination Of American, English And Commonwealth Law, Addison C. Harris Memorial Lecture, Zelman Cowen

Indiana Law Journal

Address delivered on January 21, 1965 at Indianapolis, Indiana as an Addison C. Harris Memorial Lecture.


Punishment: Its Meaning In Relation To Separation Of Power And Substantive Constitutional Restrictions And Its Use In The Lovett, Trop, Perez, And Speiser Cases Jan 1959

Punishment: Its Meaning In Relation To Separation Of Power And Substantive Constitutional Restrictions And Its Use In The Lovett, Trop, Perez, And Speiser Cases

Indiana Law Journal

No abstract provided.


Right To Counsel In Indiana Jan 1951

Right To Counsel In Indiana

Indiana Law Journal

No abstract provided.


Effective Criminal Administration Under The Accusatorial System Oct 1949

Effective Criminal Administration Under The Accusatorial System

Indiana Law Journal

Recent Cases: Constitutional Law


Void For Vagueness: An Escape From Statutory Interpretation Apr 1948

Void For Vagueness: An Escape From Statutory Interpretation

Indiana Law Journal

Constitutional Law Note