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- Remedies (2)
- Absolute conflicts of law (1)
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Articles 1 - 7 of 7
Full-Text Articles in Legal Remedies
Ministerial Employees And Discrimination Without Remedy, Charlotte Garden
Ministerial Employees And Discrimination Without Remedy, Charlotte Garden
Indiana Law Journal
The Supreme Court first addressed the ministerial exemption in a 2012 case, Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC. The ministerial exemption is a defense that religious employers can invoke in discrimination cases brought by employees who qualify as “ministerial,” and it is rooted in the First Amendment principle that government cannot interfere in a church’s choice of minister. However, Hosanna-Tabor did not set out a test to determine which employees are covered by this exemption, and the decision was susceptible to a reading that the category was narrow. In 2020, the Court again took up the ministerial exemption, …
Does Rigorously Enforcing Arbitration Agreements Promote “Autonomy”?, Hiro N. Aragaki
Does Rigorously Enforcing Arbitration Agreements Promote “Autonomy”?, Hiro N. Aragaki
Indiana Law Journal
In recent years, the U.S. Supreme Court has helped transform arbitration law into a radical private-ordering regime in which freedom of contract has come to eclipse public regulation. Arbitration jurisprudence justifies this transformation in part on a profound and longstanding commitment to the ideal of individual autonomy, understood as the freedom—lacking in litigation—to select a disputing process best suited to one’s needs.
In this Article, I question the cogency of this justification. I argue, first, that autonomy has had different and sometimes conflicting meanings even within arbitration jurisprudence. Second, depending on the meaning one ascribes to autonomy, it is at …
Absolute Conflicts Of Law, Anthony J. Colangelo
Absolute Conflicts Of Law, Anthony J. Colangelo
Indiana Law Journal
This Article coins the term “absolute conflicts of law” to describe situations of overlapping laws from different states that contain simultaneous contradictory commands. It argues that absolute conflicts are a unique legal phenomenon in need of a unique doctrine. The Article extensively explores what absolute conflicts are; how they qualitatively differ from other doctrines like true conflicts of law, act of state, and comity; and classifies absolute conflicts’ myriad doctrinal manifestations through a taxonomy that categorizes absolute conflicts as procedural, substantive, mixed, horizontal, and vertical.
The Article then proposes solutions to absolute conflicts that center on the rule of law …
Remedies Available To Penal Inmates For Injuries Received While Incarcerated
Remedies Available To Penal Inmates For Injuries Received While Incarcerated
Indiana Law Journal
No abstract provided.
Habeas Corpus: Exhaustion Of State Remedies In Indiana
Habeas Corpus: Exhaustion Of State Remedies In Indiana
Indiana Law Journal
Notes and Comments: Habeas Corpus
Equity, Ben F. Small Jr.
Extraordinary Legal Remedies, By Forest G. Ferris And Forest G. Ferris, Jr., C. Severin Buschmann
Extraordinary Legal Remedies, By Forest G. Ferris And Forest G. Ferris, Jr., C. Severin Buschmann
Indiana Law Journal
No abstract provided.