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Full-Text Articles in Legal History

Protections Against Tyranny: How Article V Should Guide Constitutional Interpretation, Mary Strong Oct 2020

Protections Against Tyranny: How Article V Should Guide Constitutional Interpretation, Mary Strong

Indiana Law Journal

This Note seeks to explain what Article V means for the methods of constitutional change outside of the traditional Article V amendment process. Specifically, I argue that Article V was meant to limit the federal government from usurping power without first attaining the consent of the people. Because the Supreme Court is part of the federal government and is often considered a counter-majoritarian institution, the Court cannot extend the powers of the federal government through constitutional interpretation beyond the bounds allowed in the Constitution. Therefore, the only means to change the power structure of the federal government (the balance of …


Reevaluating Politicized Identity & Notions Of An American Political Community In The Legal & Political Process, Marvin L. Astrada Jd, Phd Jan 2020

Reevaluating Politicized Identity & Notions Of An American Political Community In The Legal & Political Process, Marvin L. Astrada Jd, Phd

Indiana Journal of Law and Social Equality

No abstract provided.


Sticks, Stones, And So-Called Judges: Why The Era Of Trump Necessitates Revisiting Presidential Influence On The Courts, Quinn W. Crowley Jan 2019

Sticks, Stones, And So-Called Judges: Why The Era Of Trump Necessitates Revisiting Presidential Influence On The Courts, Quinn W. Crowley

Indiana Law Journal

This Note will be primarily divided into three main sections. Part I of this Note will begin by discussing the importance of judicial independence in modern society and the role of elected officials in shaping the public perception of the courts. Additionally, as problems of judicial legitimacy are age-old and date back to America’s founding, Part I will include a brief discussion of an early clash between President Thomas Jefferson and the courts.

Parts II and III of this Note will seek to place President Trump’s conduct towards the judicial branch within the proper historical context. Part II examines the …


North Carolina State Board Of Dental Examiners V. Ftc: Aligning Antitrust Law With Commerce Clause Jurisprudence Through A Natural Shift Of State-Federal Balance Of Power, Marie Forney Jan 2016

North Carolina State Board Of Dental Examiners V. Ftc: Aligning Antitrust Law With Commerce Clause Jurisprudence Through A Natural Shift Of State-Federal Balance Of Power, Marie Forney

Indiana Law Journal

The Supreme Court’s holding in North Carolina State Board of Dental Examiners v. FTC (NC Dental)1 in February 2015 demonstrates a natural shift in the balance of power from the states to the national government. As the country’s interstate and international economy has become more integrated, federal authority has likewise expanded.2 And although the federalism dichotomy has undergone periodic back-and-forth “swings” since the nation’s founding, the end result has been a net increase in federal power. NC Dental exemplifies this trend toward increasing national au-thority through the organic development of interstate commerce.


Press Release: October 22, 1957, Lectures And Honorary Degrees To Precede New Law Building Dedication, Indiana University News Bureau Oct 1957

Press Release: October 22, 1957, Lectures And Honorary Degrees To Precede New Law Building Dedication, Indiana University News Bureau

Law School Building

BLOOMINGTON, Ind. -- Lectures on three phases of law -- practice, judicial interpretation, and teaching -- will provide a two-day program preceding the dedication Nov. 2 of the new law school building at Indiana University.

Addison C. Harris Lectures, a series provided from the estate of the late Indianapolis attorney, have been scheduled by the School of Law for the afternoon of Oct. 31 and on Nov. 1.

The University, it was announced Monday by Dean Leon H. Wallace, will confer honorary doctor of laws degrees at the convocation on Chief Justice Warren, Herman C. Krannert, board chairman of Inland …