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Maurer School of Law: Indiana University

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Articles 601 - 630 of 943

Full-Text Articles in Constitutional Law

Constitutional Fact Review: An Essential Exception To Anderson V. Bessemer, Ann Zobrosky Oct 1987

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

Indiana Law Journal

No abstract provided.


Miranda Right-To-Counsel Violations And The Fruit Of The Poisonous Tree Doctrine, Mark S. Bransdorfer Oct 1987

Miranda Right-To-Counsel Violations And The Fruit Of The Poisonous Tree Doctrine, Mark S. Bransdorfer

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 Jul 1987

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 Jul 1987

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

Indiana Law Journal

No abstract provided.


Cancer-Based Employment Discrimination: Whether The Proposed Amendment To Title Vii Will Provide An Effective Anti-Discrimination Remedy, Katherine J. Streicher Jul 1987

Cancer-Based Employment Discrimination: Whether The Proposed Amendment To Title Vii Will Provide An Effective Anti-Discrimination Remedy, Katherine J. Streicher

Indiana Law Journal

No abstract provided.


The Second Death Of Substantive Due Process, Daniel O. Conkle Apr 1987

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

Indiana Law Journal

No abstract provided.


Is There Independent Life In The Indiana Constitution?, Patrick Baude Apr 1987

Is There Independent Life In The Indiana Constitution?, Patrick Baude

Indiana Law Journal

No abstract provided.


Striking Down The Clergyman-Communicant Privilege Statutes: Let Free Exercise Of Religion Govern, Jane E. Mayes Apr 1987

Striking Down The Clergyman-Communicant Privilege Statutes: Let Free Exercise Of Religion Govern, Jane E. Mayes

Indiana Law Journal

No abstract provided.


Observations On The Supreme Court's Recent Affirmative Action Cases, Julia C. Lamber Apr 1987

Observations On The Supreme Court's Recent Affirmative Action Cases, Julia C. Lamber

Indiana Law Journal

No abstract provided.


An Assault Upon "Takings" Doctrine: Finding New Answers In Old Theory, Calvin R. Massey Jan 1987

An Assault Upon "Takings" Doctrine: Finding New Answers In Old Theory, Calvin R. Massey

Indiana Law Journal

No abstract provided.


Book Review. The New Right V. The Constitution; The Supreme Court And The Decline Of Constitutional Aspiration, Stephen A. Conrad Jan 1987

Book Review. The New Right V. The Constitution; The Supreme Court And The Decline Of Constitutional Aspiration, Stephen A. Conrad

Articles by Maurer Faculty

These two books are much of a piece. Both advocate a libertarian jurisprudence of "Natural Rights"; and the rights in question are, they tell us, determinate and historic. It is primarily this distinctive historicism common to both books that I take as an invitation to consider them as a pair.


Legislative Self-Constraint: A Reply To Professor Kahn, William D. Popkin Jan 1987

Legislative Self-Constraint: A Reply To Professor Kahn, William D. Popkin

Articles by Maurer Faculty

No abstract provided.


The Testimonial Component Of The Right Against Self-Incrimination, Charles G. Geyh Jan 1987

The Testimonial Component Of The Right Against Self-Incrimination, Charles G. Geyh

Articles by Maurer Faculty

No abstract provided.


"No Pass, No Play": Equal Protection Analysis Under The Federal And State Constitutions, David J. Shannon Jan 1987

"No Pass, No Play": Equal Protection Analysis Under The Federal And State Constitutions, David J. Shannon

Indiana Law Journal

No abstract provided.


Symposium: Bowsher V. Synar: Introduction, Alfred C. Aman Jan 1987

Symposium: Bowsher V. Synar: Introduction, Alfred C. Aman

Articles by Maurer Faculty

The papers in this symposium examine constitutionally significant separation-of-powers themes that were particularly controversial in Franklin Roosevelt's administrations and once again command our attention. The Supreme Court's decision in cases such as Immigration & Naturalization Services v. Chadha I and Bowsher v. Synar2 have helped to resurrect questions that have been ignored, if not resolved, since the 1930s. This symposium focuses on the contemporary debate that these issues have generated, and it provides us with an array of approaches to and perspectives on that debate. As this Introduction emphasizes, that these issues have arisen before is significant, both legally and …


Statutes And Constitutions In An Age Of Common Law, Reed Dickerson Jan 1987

Statutes And Constitutions In An Age Of Common Law, Reed Dickerson

Articles by Maurer Faculty

No abstract provided.


Interest Analysis As Constitutional Law, Gene R. Shreve Jan 1987

Interest Analysis As Constitutional Law, Gene R. Shreve

Articles by Maurer Faculty

No abstract provided.


The Decency Of Capital Punishment For Minors: Contemporary Standards And The Dignity Of Juveniles, Lawrence A. Vanore Oct 1986

The Decency Of Capital Punishment For Minors: Contemporary Standards And The Dignity Of Juveniles, Lawrence A. Vanore

Indiana Law Journal

No abstract provided.


Three Continuities Of Choice In Abortion, Patrick L. Baude Oct 1986

Three Continuities Of Choice In Abortion, Patrick L. Baude

Articles by Maurer Faculty

No abstract provided.


The Creation Of Fetal Rights: Conflicts With Women's Constitutional Rights To Liberty, Privacy, And Equal Protection, Dawn E. Johnsen Jan 1986

The Creation Of Fetal Rights: Conflicts With Women's Constitutional Rights To Liberty, Privacy, And Equal Protection, Dawn E. Johnsen

Articles by Maurer Faculty

No abstract provided.


The Uncertainty Principle In The Supreme Court, Craig M. Bradley Jan 1986

The Uncertainty Principle In The Supreme Court, Craig M. Bradley

Articles by Maurer Faculty

No abstract provided.


Beyond Carolene Products, Bruce A. Ackerman Jan 1985

Beyond Carolene Products, Bruce A. Ackerman

Addison Harris Lecture

No abstract provided.


High Technology, The Human Image, And Constitutional Value, Patrick L. Baude Jan 1985

High Technology, The Human Image, And Constitutional Value, Patrick L. Baude

Articles by Maurer Faculty

No abstract provided.


Two Models Of The Fourth Amendment, Craig M. Bradley Jan 1985

Two Models Of The Fourth Amendment, Craig M. Bradley

Articles by Maurer Faculty

No abstract provided.


The Legitimacy Of Judicial Review In Individual Rights Cases: Michael Perry's Constitutional Theory And Beyond, Daniel O. Conkle Jan 1985

The Legitimacy Of Judicial Review In Individual Rights Cases: Michael Perry's Constitutional Theory And Beyond, Daniel O. Conkle

Articles by Maurer Faculty

No abstract provided.


Nonoriginalist Constitutional Rights And The Problem Of Judicial Finality, Daniel O. Conkle Jan 1985

Nonoriginalist Constitutional Rights And The Problem Of Judicial Finality, Daniel O. Conkle

Articles by Maurer Faculty

No abstract provided.


A Response To D.A.J. Richards' Defense Of Freewheeling Constitutional Adjudication, Raoul Berger Jul 1984

A Response To D.A.J. Richards' Defense Of Freewheeling Constitutional Adjudication, Raoul Berger

Indiana Law Journal

No abstract provided.


The Inventory Search And The Arrestee's Privacy Expectation, John M. Wray Apr 1984

The Inventory Search And The Arrestee's Privacy Expectation, John M. Wray

Indiana Law Journal

No abstract provided.


The Fifth Amendment Privilege And Documents--Cutting Fisher's Tangled Line, Robert Heidt Jan 1984

The Fifth Amendment Privilege And Documents--Cutting Fisher's Tangled Line, Robert Heidt

Articles by Maurer Faculty

No abstract provided.


Reinterpreting The Religion Clauses: Constitutional Construction And Conceptions Of The Self, Susan H. Williams Jan 1984

Reinterpreting The Religion Clauses: Constitutional Construction And Conceptions Of The Self, Susan H. Williams

Articles by Maurer Faculty

The first amendment guarantees freedom from "law[s] respecting an establishment of religion or prohibiting the free exercise thereof." The apparent tension between the two clauses of this provision has generated judicial confusion and scholarly disagreement. The perceived conflict between the religion clauses is the product of a particular understanding of what is most fundamental about human identity and the human situation - an understanding that derives from classical liberal political theory and that assumes a sharp division between the individual and his community. This Note proposes an alternative to the liberal conception of human identity, one that encompasses both the …