Constitutional Law Commons^™

The Rhetorical Constitution Of "Civil Society" At The Founding: One Lawyer's Anxious Vision, Stephen A. Conrad

Indiana Law Journal

Symposium: Law and Civil Society

The Draw And Drawbacks Of Religious Enclaves In A Constitutional Democracy: Hasidic Public Schools In Kiryas Joel, Judith Lynn Failer

Indiana Law Journal

Symposium: Law and Civil Society

Faculty Highlights

Alfred Aman Jr. (1991-2002)

No abstract provided.

Civil Society And The American Foundings, Jack P. Greene

Indiana Law Journal

No abstract provided.

Constitutional Barriers To Smooth Sailing: 14 U.S.C. § 89(A) And The Fourth Amendment, Megan Jaye Kight

Indiana Law Journal

No abstract provided.

Antitrust And Communications: Changes After The Telecommunications Act Of 1996, Douglas B. Mcfadden

Federal Communications Law Journal

The 1996 Telecommunications Act is a return to competition in telephony which existed at the beginning of the century. The enactment of the '96 Act will significantly change the application of the antitrust laws to communications activities. Prior to the enactment of the '96 Act, telecommunications companies were somewhat immunized from full application of the antitrust laws regarding mergers and acquisitions because of regulation by the Federal Communications Commission and the state public utility commissions. Now, telephone companies will be fully subject to antitrust scrutiny under three schemes: the Clayton Act, the Hart-Scott- Rodino Act, and the FCC public interest …

The Implications Of The Equal Protection Clause For The Mandatory Integration Of Public School Students, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.

Book Review. American Constitutionalism: From Theory To Politics, Daniel O. Conkle

Articles by Maurer Faculty

No abstract provided.

The Constitutional Right To "Conservative" Revolution, David C. Williams

Articles by Maurer Faculty

No abstract provided.

Interstate Dialogue In State Constitutional Law, Patrick L. Baude

Articles by Maurer Faculty

No abstract provided.

Religious Visitation Constraints On The Noncustodial Parent: The Need For National Application Of A Uniform Compelling Interest Test, Kevin S. Smith

Indiana Law Journal

No abstract provided.

The Title Ix Tug-Of-War And Intercollegiate Athletics In The 1990'S: Nonrevenue Men's Teams Join Women Athletes In The Scramble For Survival, Susan M. Shook

Indiana Law Journal

No abstract provided.

Choice Of Law And The Forgiving Constitution, Gene R. Shreve

Indiana Law Journal

No abstract provided.

Measured Constitutional Steps, Lisa A. Kloppenberg

Indiana Law Journal

No abstract provided.

Freedom Of Information Statutes: The Unfulfilled Legacy, Laura Schenck

Federal Communications Law Journal

When members of a state legislature debated and then voted on a controversial amendment to the state budget, the legislative clerk denied two reporters from a local newspaper access to a record of the roll call votes. The state supreme court upheld the denial in the face of a Freedom of Information (FOI) request. This example illustrates the shortcomings of most freedom of information statutes; in most cases, the legislative branch has quietly exempted itself from disclosure requirements. Consequently, voters at both the state and federal level are not legally entitled to know how their representatives have voted.

The Author …

The Militia Movement And Second Amendment Revolution: Conjuring With The People, David C. Williams

Articles by Maurer Faculty

No abstract provided.

The War Powers In French Constitutional Law, Elisabeth Zoller

Articles by Maurer Faculty

No abstract provided.

Untying The State Action Knot, Craig M. Bradley

Articles by Maurer Faculty

No abstract provided.

Your Life As An Open Book: Has Technology Rendered Personal Privacy Virtually Obsolete?, Sandra Byrd Peterson

Federal Communications Law Journal

As society becomes increasingly automated, the ability of individuals to protect their "information privacy" is practically nonexistent. Information that was once kept on paper in filing cabinets is now on-line in computer databases. At the touch of a computer key, a complete stranger can conveniently access and compile from a variety of different sources a dossier of intimate, personal information about people without their knowledge. Perhaps more shocking is the current lack of legal recourse available to contest the nonconsensual use of personal data.

In this Note, the Author examines the currently loose constitutional and common-law protections and suggests strategies …

Constitutional Analysis Of Indiana's Controlled Substance Excise Tax, F. Anthony Paganelli

Indiana Law Journal

No abstract provided.

A Theory Of Compulsory Process Clause Discovery Rights, Jean Montoya

Indiana Law Journal

No abstract provided.

Is Moral Relativism A Constitutional Command?, Steven G. Gey

Indiana Law Journal

No abstract provided.

In Search Of The Post-Positivist Jury, Mark Cammack

Indiana Law Journal

No abstract provided.

Up In Smoke: The Ftc's Refusal To Apply The "Unfairness Doctrine" To Camel Cigarette Advertising, John Harrington

Federal Communications Law Journal

RJR Nabisco's cigarette advertising icon "Joe Camel" has become one of the most-recognized marketing mascots in America. Unfortunately, the debonair cartoon character attracts recognition, and cigarette buyers, among children. The huge popularity of the advertising campaign among an arguably inappropriate market prompted action by both legislators and the Federal Trade Commission. However, 1990 legislation did not pass the committee stage, and the FTC ended its investigation of the questionable effect the advertising had on children in 1994.

Although the FTC chose not to limit or ban RJR Nabisco's use of Old Joe, this Note contends that regulation was within the …

The Legal System And American Constitutional Democracy, Edited By Maria Frankowska And Albert P. Melone, Emilia Kandeva-Spiridonova

Indiana Journal of Global Legal Studies

No abstract provided.

The Constitution And The Subgroup Question, Martha Minow

Indiana Law Journal

Presented on Nov. 18, 1994, Indiana University School of Law-Bloomington as the 1994 Harris Lecture.

Free Speech And Due Process In The Workplace, Cynthia L. Estlund

Indiana Law Journal

No abstract provided.

The Religious Freedom Restoration Act: The Constitutional Significance Of An Unconstitutional Statute, Daniel O. Conkle

Articles by Maurer Faculty

This article addresses the constitutionality and the constitutional significance of the Religious Freedom Restoration Act of 1993 (RFRA), through which Congress, relying on Section 5 of the 14th Amendment, attempted to repudiate the Supreme Court's restrictive interpretation of the Free Exercise Clause, as announced in Employment Division v. Smith, and to adopt in its place a more generous regime of religious freedom. The article advances two major propositions. First, it contends that despite the Act's noble purpose, RFRA circumvents the process of constitutional amendment, frustrates the Supreme Court's role as the primary interpreter of the Constitution, and improperly intrudes on …

Money Talks: The First Amendment Implications Of Counterfeiting Law, Julie K. Staple

Indiana Law Journal

No abstract provided.

Book Review. The Supreme Court And Constitutional Theory: 1953-1993, Donald H. Gjerdingen

Articles by Maurer Faculty

No abstract provided.