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Articles 1 - 30 of 44
Full-Text Articles in Law
Justice Brennan's Gender Jurisprudence, Rebecca Korzec
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
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
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
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
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
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
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
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
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
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
Religious Purpose, Inerrancy, And The Establishment Clause, Daniel O. Conkle
Indiana Law Journal
No abstract provided.
Civil Service Appointments And Promotions
Section 1983, Honorable George C. Pratt, Martin A. Schwartz, Leon Friedman
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
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.
Justice William J. Brennan, Jr. - The Moral Force Of His Language, Bennett L. Gershman
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
Eighteen Feet Of Clay: Thoughts On Phantom Rule 4(M), Gene R. Shreve
Indiana Law Journal
No abstract provided.