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Articles 91 - 120 of 226
Full-Text Articles in Jurisprudence
On First Considering Whether Law Binds, Rex J. Zedalis
On First Considering Whether Law Binds, Rex J. Zedalis
Indiana Law Journal
No abstract provided.
Is There A Natural Law Right To Privacy?, Ralph F. Gaebler
Is There A Natural Law Right To Privacy?, Ralph F. Gaebler
Articles by Maurer Faculty
No abstract provided.
The Federal Rules Of Evidence After Sixteen Years -- The Effect Of "Plain Meaning" Jurisprudence, The Need For An Advisory Committee On The Rules Of Evidence, And Suggestions For Selective Revision Of The Rules, Aviva A. Orenstein, Edward R. Becker
The Federal Rules Of Evidence After Sixteen Years -- The Effect Of "Plain Meaning" Jurisprudence, The Need For An Advisory Committee On The Rules Of Evidence, And Suggestions For Selective Revision Of The Rules, Aviva A. Orenstein, Edward R. Becker
Articles by Maurer Faculty
No abstract provided.
The Concept Of Offensiveness In Establishment And Free Exercise Jurisprudence, William P. Marshall
The Concept Of Offensiveness In Establishment And Free Exercise Jurisprudence, William P. Marshall
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.
The Limits Of A Scientific Jurisprudence: The Supreme Court And Psychology, J. Alexander Tanford
The Limits Of A Scientific Jurisprudence: The Supreme Court And Psychology, J. Alexander Tanford
Indiana Law Journal
No abstract provided.
Pushing Aside The General Rule In Order To Raise New Issues On Appeal, Rhett R. Dennerline
Pushing Aside The General Rule In Order To Raise New Issues On Appeal, Rhett R. Dennerline
Indiana Law Journal
No abstract provided.
Sources Of Judicial Distrust Of Social Science Evidence: A Comparison Of Social Science And Jurisprudence, Constance R. Lindman
Sources Of Judicial Distrust Of Social Science Evidence: A Comparison Of Social Science And Jurisprudence, Constance R. Lindman
Indiana Law Journal
No abstract provided.
The Ninth Amendment's Role In The Evolution Of Fundamental Rights Jurisprudence, Geoffrey G. Slaughter
The Ninth Amendment's Role In The Evolution Of Fundamental Rights Jurisprudence, Geoffrey G. Slaughter
Indiana Law Journal
No abstract provided.
Comment On Fikentscher's Paper -- Modes Of Thought In Law And Justice -- A Preliminary Report On A Study In Legal Anthropology, Jerome Hall
Articles by Maurer Faculty
No abstract provided.
Legality And Empathy, Lynne N. Henderson
Legality And Empathy, Lynne N. Henderson
Articles by Maurer Faculty
No abstract provided.
The Use Of Evolution Theory In Law, M. B. W. Sinclair
The Use Of Evolution Theory In Law, M. B. W. Sinclair
Articles by Maurer Faculty
No abstract provided.
Book Review. Virtue, Commerce, And History: Essays On Political Thought And History, Chiefly In The Eighteenth Century By J.G.A. Pocock, Stephen A. Conrad
Book Review. Virtue, Commerce, And History: Essays On Political Thought And History, Chiefly In The Eighteenth Century By J.G.A. Pocock, Stephen A. Conrad
Articles by Maurer Faculty
No abstract provided.
Intergenerational Condemnation, Donald H. Gjerdingen
Intergenerational Condemnation, Donald H. Gjerdingen
Articles by Maurer Faculty
Justice between generations is a growing concern in land use, particularly in the areas of environmental and historic preservation. In this Article, Professor Gerdingen addresses the effect of this development on contemporary takings clause doctrine. He argues that conventional takings doctrine is comprised of four different "causes of action" that merely focus on intragenerational conflicts over the use of resources. As a result, part of the reason why the law generates so many hard cases in the area of environmental and historic preservation is that the conventional takings doctrine is unable to accommodate the justice between generations component of preservation …
The Future Of Legal Scholarship And The Search For A Modern Theory Of Law, Donald H. Gjerdingen
The Future Of Legal Scholarship And The Search For A Modern Theory Of Law, Donald H. Gjerdingen
Articles by Maurer Faculty
In this Article, Professor Gjerdingen argues that the current crisis in legal scholarship can be traced to a change in the dominant concept of American law. He argues that virtually all of the significant schools of American legal thought during the last century, from Langdellian orthodoxy to realism to the legal process school, were dominated by a concept of law that separated law and politics. This concept of law, which he terms "conventionalism," presumed that law was an autonomous, apolitical discipline dominated by the study of adjudication and classical common law categories. In contrast, the new legal scholarship of the …
Paul, The Lawyer, On Law, Jerome Hall
Paul, The Lawyer, On Law, Jerome Hall
Articles by Maurer Faculty
No abstract provided.
A Response To D.A.J. Richards' Defense Of Freewheeling Constitutional Adjudication, Raoul Berger
A Response To D.A.J. Richards' Defense Of Freewheeling Constitutional Adjudication, Raoul Berger
Indiana Law Journal
No abstract provided.
Statutory Interpretation In America: Dipping Into Legislative History, Part I, Reed Dickerson
Statutory Interpretation In America: Dipping Into Legislative History, Part I, Reed Dickerson
Articles by Maurer Faculty
No abstract provided.
Statutory Interpretation In America: Dipping Into Legislative History, Part Ii, Reed Dickerson
Statutory Interpretation In America: Dipping Into Legislative History, Part Ii, Reed Dickerson
Articles by Maurer Faculty
No abstract provided.
The Meaning Of Judicial Self-Restraint, Richard A. Posner
The Meaning Of Judicial Self-Restraint, Richard A. Posner
Indiana Law Journal
No abstract provided.
Statutory Interpretation: Dipping Into Legislative History, Reed Dickerson
Statutory Interpretation: Dipping Into Legislative History, Reed Dickerson
Articles by Maurer Faculty
No abstract provided.
Punitive Damages And Double Jeopardy: A Critical Perspective Of The Taber Rule, Doyal E. Mclemore Jr.
Punitive Damages And Double Jeopardy: A Critical Perspective Of The Taber Rule, Doyal E. Mclemore Jr.
Indiana Law Journal
No abstract provided.
Questioning Intervention Of Right -- Toward A New Methodology Of Decisionmaking, Gene R. Shreve
Questioning Intervention Of Right -- Toward A New Methodology Of Decisionmaking, Gene R. Shreve
Articles by Maurer Faculty
No abstract provided.
Reflections On Stare Decisis, James Hardisty
Reflections On Stare Decisis, James Hardisty
Indiana Law Journal
No abstract provided.
Professor Dworkin's Views On Legal Positivism, Genaro R. Carrio
Professor Dworkin's Views On Legal Positivism, Genaro R. Carrio
Indiana Law Journal
This article was delivered on March 15 & 16, 1979, at the Indiana University School of Law, Bloomington, as a part of the Addison C. Harris lecture series.
Hardin And Medvid: A Change In Indiana's Entrapment Law, Michael Hyatte
Hardin And Medvid: A Change In Indiana's Entrapment Law, Michael Hyatte
Indiana Law Journal
No abstract provided.
Assumption Of Risk In A Comparative Negligence System-- Doctrinal, Practical, And Policy Issues, Daniel O. Conkle
Assumption Of Risk In A Comparative Negligence System-- Doctrinal, Practical, And Policy Issues, Daniel O. Conkle
Articles by Maurer Faculty
The adoption of a new principle of law invariably impinges upon related legal concepts, raising issue that were not considered when the law was changed. The adoption of comparative negligence, a drastic departure from the long-held principle of contributory negligence, has forced courts to consider how the related concept of assumption of risk is affected by the change. Because there are different types of assumption of risk, and various doctrinal, practical, and policy issues, a proper determination of the role for assumption of risk in a comparative negligence system depends upon a thorough examination of many relevant considerations. Unfortunately, two …
They Call It Justice, By Luther C. West, John S. Cooke
They Call It Justice, By Luther C. West, John S. Cooke
Indiana Law Journal
No abstract provided.
Justice Story's Doctrine Of Judicial Supremacy And The Uncertain Search For A Neutral Principle In The Charles River Bridge Case, C. Lee Mangas
Justice Story's Doctrine Of Judicial Supremacy And The Uncertain Search For A Neutral Principle In The Charles River Bridge Case, C. Lee Mangas
Indiana Law Journal
No abstract provided.
Plea Bargaining, Decision Theory, And Equilibrium Models: Part Ii, Stuart S. Nagel, Marian Neef
Plea Bargaining, Decision Theory, And Equilibrium Models: Part Ii, Stuart S. Nagel, Marian Neef
Indiana Law Journal
No abstract provided.