Law Commons^™

The Right To Speak, The Right To Hear, And The Right Not To Hear: The Technological Resolution To The Cable/Pornography Debate, Michael I. Meyerson

All Faculty Scholarship

The advent of cable television presented a new opportunity to consider the competing interests on each side of the free speech/pornography debate. This Article attempts to construct an analysis that will be consistent with Supreme Court teaching on how government, under the first amendment, may constitutionally regulate legal obscenity, particularly in the name of protecting those who wish to avoid exposure to such material.

The Article shows how, unlike earlier battles over technology and pornography, cable television presented the novel opportunity to have a technological rather than a censorial solution to this difficult problem.

Playing The Drug-Testing Game: College Athletes, Regulatory Institutions, And The Structures Of Constitutional Argument, John A. Scanlan

Indiana Law Journal

No abstract provided.

Constitutional Fact Review: An Essential Exception To Anderson V. Bessemer, Ann Zobrosky

Indiana Law Journal

No abstract provided.

Does Plight Make Right: The Battered Woman Syndrome, Expert Testimony And The Law Of Self-Defense, Mira Mihajlovich

Indiana Law Journal

No abstract provided.

Whatever Happened To The "Right To Know?": The Right Of Access To Government-Controlled Information Since Richmond Newspapers On Those Who Don't, Michael Hayes

All Faculty Scholarship

No abstract provided.

Procedural Due Process: The Original Understanding, Edward J. Eberle

Law Faculty Scholarship

No abstract provided.

Adjudicatory Jurisdiction And Class Actions, Diane P. Wood

Indiana Law Journal

No abstract provided.

Rethinking The Class Action: A Policy Primer On Reform, John C. Coffee Jr.

Indiana Law Journal

No abstract provided.

A Constitutional Right Of Access To Pretrial Documents: A Missed Opportunity In Reporters Committee For Freedom Of The Press, Daniel J. Kopp

Indiana Law Journal

No abstract provided.

Rational Basis With Bite: Intermediate Scrutiny By Any Other Name, Gayle Lynn Pettinga

Indiana Law Journal

No abstract provided.

The Supreme Court And The Definition Of "Security": The"Context" Clause, "Investment Contract" Analysis, And Their Ramifications, Marc I. Steinberg, William E. Kaulbach

Vanderbilt Law Review

In two recent decisions' construing the scope of the federal securities acts, the Supreme Court apparently has undertaken to alleviate some of the confusion and uncertainty surrounding the most fundamental question in securities law: the definition of"security" itself. Much of the existing confusion can be traced to earlier decisions of the Court that first implied, and later held,that the regulatory or offering context in which a particular transaction occurs could function to exclude the transaction from cover-age of the securities laws' anti-fraud provisions. This result could follow even though the transaction in question otherwise might satisfy the traditional Howey or …

Criminal Procedure In The Rehnquist Court: Has The Rehnquisition Begun?, Craig M. Bradley

Indiana Law Journal

No abstract provided.

Preliminary Screening Of Prosecutorial Access To Death Qualified Juries: A Missing Constitutional Link, F. Thomas Schornhorst

Indiana Law Journal

No abstract provided.

The American Constitution: A Double Life, Lawrence M. Friedman

University of Arkansas at Little Rock Law Review

No abstract provided.

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

Indiana Law Journal

No abstract provided.

Lawyers And The Supreme Court: Of Means And Ends, Murray L. Schwartz

Georgia State University Law Review

No abstract provided.

Below Market Loans: From Abuse To Misuses – A Sports Illustration, Phillip J. Closius, Douglas K. Chapman

All Faculty Scholarship

Below market loans have been traditionally used as substitutes for gifts, salaries, and dividends for the primary purpose of tax avoidance in the transfer of wealth. The Supreme Court's opinion in Dickman v. Commissioner subjected both demand and term loans in an intrafamilial setting to the federal gift tax. Congress, while subjecting all below market loans to either income or gift tax, applied different valuation formulas to term and demand loans and, in so doing, favored the use of demand loans as a salary substitute. This Article analyzes the current status of below market loans by examining their use in …

The Need For A New National Court, Douglas D. Mcfarland, Thomas E. Baker

Faculty Publications

By any measure, the Supreme Court is tremendously overburdened. Statistics speak clearly on this point; sometimes they shout. After the caseload relief provided by the Judges' Bill, 4 which was passed in I925 and took effect during the I928 Term, the Supreme Court caseload grew slowly for thirty years. Beginning in the I96os, growth sharply accelerated, and during the I970S and I98os, the numbers exploded.

Sin, Scandal And Substantive Due Process: Personal Jurisdiction And Pennoyer Reconsidered, Wendy Collins Perdue

Law Faculty Publications

Professor Perdue recounts the underlying story of the U.S. Supreme Court's seminal personal jurisdiction case, Pennoyer v. Neff.

Review Essay: Liberalism And The Supreme Court, Donald P. Kommers

Journal Articles

In Liberalism and American Constitutional Law, Rogers M. Smith of Yale University takes stock of the American liberal tradition and its impact on the Supreme Court's constitutional jurisprudence. It argues that the tradition's political vision lacks philosophical coherence and that our constitutional law, by reflecting this incoherence, has failed to provide the legal community with a public philosophy suited to the needs of American society in the late twentieth century.His goal is to demonstrate the superiority of "rational liberty," both as a philosophical theory and practical guide to constitutional policymaking, over three major competing versions of liberal constitutionalism. To wit: …

Litigating The Zero-Sum Game: The Effect Of Institutional Reform Litigation On Absent Parties, Elizabeth G. Thornburg

Faculty Journal Articles and Book Chapters

This article considers the impact that the use and misuse of equitable interest balancing has had on institutional reform litigation. It begins by considering the types of cases in which interest balancing was originally used in equity, and then surveys the use of interest balancing in school desegregation and employment discrimination cases. The article argues that the Supreme Court's interest balancing is flawed in systemic ways that result in overvaluing non-party interests.

Citizen's Arrests And The Fourth Amendment--A Fresh Perspective, Howard E. Wallin

Touro Law Review

No abstract provided.

Review Essay: Charting The Bicentennial, Richard B. Bernstein

Articles & Chapters

No abstract provided.

Comments On Standards Of Judicial Review, William W. Van Alstyne

Faculty Scholarship

No abstract provided.

Do The United States Sentencing Guidelines Deprive Defendants Of Due Process?, Bradford Mank

Faculty Articles and Other Publications

It is difficult to determine whether due process requires individualized sentencing because sentencing goals and practices have varied greatly during the course of this nation's history. A court applying Judge Bork's original intent doctrine of constitutional interpretation would probably reach a result different from that reached by a court employing a more liberal view of due process protections.1o It is likely that liberals and conservatives on the current Supreme Court would disagree on whether the Guidelines violate due process.

This article argues that the Guidelines can be saved and can satisfy due process requirements if the Supreme Court interprets the …

Appealability, Under The Collateral Order Doctrine, Of Orders Denying Motions For Appointment Of Counsel In Federal Civil Litigation After Richardson-Merrell, Inc. V. Koller, Kevin G. Dumbach

Touro Law Review

No abstract provided.

The Illinois Bill Of Rights And Our Independent Legal Tradition: A Critique Of The Illinois Lockstep Doctrine, Thomas B. Mcaffee

Scholarly Works

Illinois’ highest court continues to follow the rule that courts of this state are strictly bound by Supreme Court decisions construing provisions that are substantially identical to provisions found in the Illinois Constitution. Increasingly, however, this rule has been challenged by dissenting justices who contend that it is contrary to the state’s independent legal tradition and rests upon an accurate view of the relationship between federal and state courts and their respective constitutions. These justices contend that the court may give independent attention to the provisions of the Illinois Constitution and need not slavishly adhere to decisions of the Supreme …

Memorandum Concerning Robert Bork [1987], Anonymous

Historical and Topical Legal Documents

No abstract provided.

Memorandum Regarding Judicial Philosophy Of Robert Bork [1987], Anonymous

Historical and Topical Legal Documents

No abstract provided.