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Maurer School of Law: Indiana University

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Articles 511 - 540 of 943

Full-Text Articles in Constitutional Law

Republican Constitutional Skepticism And Congressional Reform, Thomas Molnar Fisher Oct 1994

Republican Constitutional Skepticism And Congressional Reform, Thomas Molnar Fisher

Indiana Law Journal

No abstract provided.


The Politics Of The Mass Media And The Free Speech Principle, Steven Shiffrin Jul 1994

The Politics Of The Mass Media And The Free Speech Principle, Steven Shiffrin

Indiana Law Journal

No abstract provided.


Has The Indiana Constitution Found It's Epic?, Patrick Baude Jul 1994

Has The Indiana Constitution Found It's Epic?, Patrick Baude

Indiana Law Journal

Free Speech and the Indiana Constitution: First Thoughts on Price v. State


The Indiana Supreme Court's Emerging Free Speech Doctrine, Daniel O. Conkle Jul 1994

The Indiana Supreme Court's Emerging Free Speech Doctrine, Daniel O. Conkle

Indiana Law Journal

Free Speech and the Indiana Constitution: First Thoughts on Price v. State


Ninth Life: An Interpretive Theory Of The Ninth Amendment, Chase J. Sanders Jul 1994

Ninth Life: An Interpretive Theory Of The Ninth Amendment, Chase J. Sanders

Indiana Law Journal

No abstract provided.


The Right Of Publicity Vs. The First Amendment: A Property And Liability Rule Analysis, Roberta Rosenthal Kwall Jan 1994

The Right Of Publicity Vs. The First Amendment: A Property And Liability Rule Analysis, Roberta Rosenthal Kwall

Indiana Law Journal

No abstract provided.


The Title Vii Pretext Question: Resolved In Light Of St. Mary's Honor Center V. Hicks, Robert J. Smith Jan 1994

The Title Vii Pretext Question: Resolved In Light Of St. Mary's Honor Center V. Hicks, Robert J. Smith

Indiana Law Journal

No abstract provided.


The Right To Privacy And The Public's Right To Know: The "Central Purpose" Of The Freedom Of Information Act, Fred H. Cate, D. Annette Fields, James K. Mcbain Jan 1994

The Right To Privacy And The Public's Right To Know: The "Central Purpose" Of The Freedom Of Information Act, Fred H. Cate, D. Annette Fields, James K. Mcbain

Articles by Maurer Faculty

No abstract provided.


A Law Antecedent And Paramount, Fred H. Cate Jan 1994

A Law Antecedent And Paramount, Fred H. Cate

Articles by Maurer Faculty

No abstract provided.


Different Religions, Different Politics: Evaluating The Role Of Competing Religious Traditions In American Politics And Law, Daniel O. Conkle Jan 1994

Different Religions, Different Politics: Evaluating The Role Of Competing Religious Traditions In American Politics And Law, Daniel O. Conkle

Articles by Maurer Faculty

In addressing the role of religion in politics and law, American political theory has strongly embraced the principle of religious equality. In this article, I explain how this principle has evolved and how it has nourished the privatization of religion and the secularization of public discourse by generating the view that public evaluations of religion are inappropriate. Under this view, religion is a private good that lacks public significance. As matters merely of private taste, matters that cannot be evaluated publicly, religious positions on political issues are not to be "imposed" on other citizens.

I challenge this reading of the …


Book Review. Legitimacy And History: Self-Government In American Constitutional Theory, Daniel O. Conkle Jan 1994

Book Review. Legitimacy And History: Self-Government In American Constitutional Theory, Daniel O. Conkle

Articles by Maurer Faculty

No abstract provided.


The Advocacy Of "Constitutional" Conduct, Marshall C. Derks Oct 1993

The Advocacy Of "Constitutional" Conduct, Marshall C. Derks

Indiana Law Journal

No abstract provided.


The New First Amendment And Its Impact On The Second, Daniel O. Conkle Jul 1993

The New First Amendment And Its Impact On The Second, Daniel O. Conkle

Indiana Law Journal

No abstract provided.


Revisiting Roe V. Wade: Substance And Process In The Abortion Debate, Margaret G. Farrell Apr 1993

Revisiting Roe V. Wade: Substance And Process In The Abortion Debate, Margaret G. Farrell

Indiana Law Journal

No abstract provided.


The Eleventh Commandment: Thou Shalt Not Be Compelled To Render The Ineffective Assistance Of Counsel, Richard Klein Apr 1993

The Eleventh Commandment: Thou Shalt Not Be Compelled To Render The Ineffective Assistance Of Counsel, Richard Klein

Indiana Law Journal

No abstract provided.


The Political Process As Final Solution, Charles M. Freeland Apr 1993

The Political Process As Final Solution, Charles M. Freeland

Indiana Law Journal

No abstract provided.


The Role Of Religious Values In Judicial Decision Making, Scott C. Idleman Apr 1993

The Role Of Religious Values In Judicial Decision Making, Scott C. Idleman

Indiana Law Journal

No abstract provided.


The New First Amendment And Its Impact On The Second, Daniel O. Conkle Apr 1993

The New First Amendment And Its Impact On The Second, Daniel O. Conkle

Articles by Maurer Faculty

No abstract provided.


Recent Constitutional Decisions In Indiana, Patrick L. Baude Jan 1993

Recent Constitutional Decisions In Indiana, Patrick L. Baude

Articles by Maurer Faculty

No abstract provided.


The Art Of Line Drawing: The Establishment Clause And Public Aid To Religiously Affiliated Child Care, Elizabeth J. Samuels Jan 1993

The Art Of Line Drawing: The Establishment Clause And Public Aid To Religiously Affiliated Child Care, Elizabeth J. Samuels

Indiana Law Journal

No abstract provided.


Fencing Out Politically Unpopular Groups From The Normal Political Processes: The Equal Protection Concerns Of Colorado Amendment Two, Craig Cassin Burke Jan 1993

Fencing Out Politically Unpopular Groups From The Normal Political Processes: The Equal Protection Concerns Of Colorado Amendment Two, Craig Cassin Burke

Indiana Law Journal

No abstract provided.


Lemon Lives, Daniel O. Conkle Jan 1993

Lemon Lives, Daniel O. Conkle

Articles by Maurer Faculty

This article responds to an article by Professor Michael Stokes Paulsen, entitled "Lemon Is Dead," in which Paulsen interprets the Supreme Court's decision in Lee v. Weisman to repudiate the Establishment Clause test of Lemon v. Kurtzman and to replace it with a test that limits the Clause to cases involving direct or indirect coercion. The article disputes Paulsen's interpretation of Weisman, and it also disputes his normative argument in support of the coercion approach. It contends that Lemon survives Weisman, and that Lemon's multi-faceted and context-specific approach, however vague, is preferable to a test that focuses exclusively on the …


Harm, Morality, And Feminist Religion: Canada's New -- But Not So New -- Approach To Obscenity, Daniel O. Conkle Jan 1993

Harm, Morality, And Feminist Religion: Canada's New -- But Not So New -- Approach To Obscenity, Daniel O. Conkle

Articles by Maurer Faculty

No abstract provided.


Book Review. The Foundations Of American Citizenship: Liberalism, The Constitution, And Civic Virtue, David C. Williams Jan 1993

Book Review. The Foundations Of American Citizenship: Liberalism, The Constitution, And Civic Virtue, David C. Williams

Articles by Maurer Faculty

No abstract provided.


Constitutionalism, Democracy And Foreign Affairs, Louis Henkin Oct 1992

Constitutionalism, Democracy And Foreign Affairs, Louis Henkin

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.


Constitutional Authority In An Age Of Moral Indeterminacy, Ralph F. Gaebler Jan 1992

Constitutional Authority In An Age Of Moral Indeterminacy, Ralph F. Gaebler

Indiana Law Journal

No abstract provided.


Some Problems With "Origins", Stephen A. Conrad Jan 1992

Some Problems With "Origins", Stephen A. Conrad

Articles by Maurer Faculty

No abstract provided.


A Matter Of "Governing' Importance": Providing Business Defamation And Product Disparagement Defendants Full First Amendment Protection, Lisa Magee Arent Jan 1992

A Matter Of "Governing' Importance": Providing Business Defamation And Product Disparagement Defendants Full First Amendment Protection, Lisa Magee Arent

Indiana Law Journal

No abstract provided.


The Dormant Commerce Clause After Garcia: An Application To The Interstate Commerce Of Sanitary Landfill Space, James Hinshaw Jan 1992

The Dormant Commerce Clause After Garcia: An Application To The Interstate Commerce Of Sanitary Landfill Space, James Hinshaw

Indiana Law Journal

No abstract provided.