Legislation Commons^™

Qualitative Theory Of The Dead Hand, Adam J. Hirsch, William K.S. Wang

Indiana Law Journal

No abstract provided.

Commentary: The Tax Legislative Process -- A Critical Need, William D. Popkin

Articles by Maurer Faculty

No abstract provided.

An "Internal" Critique Of Justice Scalia's Theory Of Statutory Interpretation, William D. Popkin

Articles by Maurer Faculty

No abstract provided.

Judicial Use Of Presidential Legislative History: A Critique, William D. Popkin

Indiana Law Journal

No abstract provided.

Statutory Interpretation In State Courts -- A Study Of Indiana Opinions, William D. Popkin

Articles by Maurer Faculty

No abstract provided.

United States V. Mcgoff: Can Lawyers Be Taught How To Read Statutes, Reed Dickerson

Articles by Maurer Faculty

No abstract provided.

Complex-Litigation Reform And The Legislative Process, Charles G. Geyh

Articles by Maurer Faculty

No abstract provided.

Forward: Paul Bator: Legislative And Administrative Courts Under Article Iii Symposium, Patrick L. Baude

Indiana Law Journal

Symposium: Paul Bator: Legislative and Administrative Courts Under Article III

The Constitution As Architecture: Legislative And Administrative Courts Under Article Iii, Paul M. Bator

Indiana Law Journal

Symposium: Paul Bator: Legislative and Administrative Courts Under Article III

The Constitution As Architecture: A Charette, Larry Kramer

Indiana Law Journal

Symposium: Paul Bator: Legislative and Administrative Courts Under Article III

Legislative Courts, Legislative Power, And The Constitution, Daniel J. Meltzer

Indiana Law Journal

Symposium: Paul Bator: Legislative and Administrative Courts Under Article III

"Success" And The Judicial Power, Frank H. Easterbrook

Indiana Law Journal

Symposium: Paul Bator: Legislative and Administrative Courts Under Article III

Article Iii Courts And The Constitutional Structure, David A. Strauss

Indiana Law Journal

Symposium: Paul Bator: Legislative and Administrative Courts Under Article III

Legislative Reforms Of Governmental Tort Liability: Overreacting To Minimal Evidence, Ann Judith Gellis

Articles by Maurer Faculty

No abstract provided.

Union Security Agreements Under The National Labor Relations Act: The Statute, The Constitution, And The Court's Opinion In Beck, Kenneth G. Dau-Schmidt

Articles by Maurer Faculty

The Supreme Court's recent decision in Communications Workers of America v. Beck interpreted section 8(a)(3) of the National Labor Relations Act (NLRA) to prohibit the observance of agency shop agreements. By interpreting the statute in this way, the Court avoided the question of whether union security agreements under the NLRA are subject to constitutional scrutiny. The Court's determination that section 8(a)(3) does not allow agency shop agreements was an important decision affecting the enforceability of union security agreements in the vast majority of private sector bargaining agreements.

In this Article, Professor Dau-Schmidt criticizes the Court's interpretation of section 8(a)(3) in …

Foreword: Nonjudicial Statutory Interpretation, William D. Popkin

Articles by Maurer Faculty

In the past decade the study of statutory interpretation has gone from benign neglect to intense scrutiny, but the emphasis has remained on interpretation by courts. This symposium takes a different approach. The major theme is that interpretation depends on the interpreter and that we can gain insight into statutory interpretation, even by courts, from analyzing the strengths and weaknesses of nonjudicial interpreters. Part I of this Foreword places the symposium in the broader setting of recent literature on statutory interpretation, briefly reviewing the major schools of thought and explaining the contributors' perspectives. Part II sets forth my own views …

The Case In Support Of Legislation Facilitating The Consolidation Of Mass-Accident Litigation: A View From The Legislature, Charles G. Geyh, Robert W. Kastenmeier

Articles by Maurer Faculty

No abstract provided.

Values, Ideology, And The Evolution Of The Adversary System, Ellen E. Sward

Indiana Law Journal

No abstract provided.

The Role Of Empirical Data In Developing Bankruptcy Legislation For Individuals, Marjorie L. Girth

Indiana Law Journal

Symposium: As We Forgive Our Debtors

Book Review. Constitutional Federalism In A Nutshell, 2nd Ed. By David E. Engdahl, Daniel O. Conkle

Articles by Maurer Faculty

No abstract provided.

The Collaborative Model Of Statutory Interpretation, William D. Popkin

Articles by Maurer Faculty

No abstract provided.

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

Indiana Law Journal

No abstract provided.

Personal Bankruptcy Under The 1978 Bankruptcy Code: An Economic Analysis, Michelle J. White

Indiana Law Journal

No abstract provided.

Statutory And Non-Statutory Responses To The Director And Officer Liability Crisis, Sara R. Slaughter

Indiana Law Journal

No abstract provided.

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

Articles by Maurer Faculty

No abstract provided.

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

Articles by Maurer Faculty

No abstract provided.

Why The Mccarran-Walter Act Must Be Amended, John Scanlan

Articles by Maurer Faculty

No abstract provided.

Salute To A Great Legislative Draftsman: Elmer A. Driedger, Q. C., Reed Dickerson

Articles by Maurer Faculty

No abstract provided.

Alternatives To Challenged Employee Selection Criteria: The Significance Of Nonstatistical Evidence In Disparate Impact Cases Under Title Vii, Julia C. Lamber

Articles by Maurer Faculty

In contrast to most recent commentary and a superficial reading of Supreme Court cases, Professor Lamber rehabilitates the concept of a distinct disparate impact theory under Title VII of the 1964 Civil Rights Act. She examines one important evidentiary question-the significance of alternative employee section criteria-to expose underlying policy questions often buried in technical questions of form. Others have argued that the Supreme Court's apparent analytical and evidentiary alignment of disparate impact and disparate treatment cases shows that Title VII bars only "intentional discrimination" and thus the purpose of alternatives evidence is quite limited. Professor Lamber presents a different view, …

Obscene Telephone Calls: An Introduction To The Reading Of Statutes, Reed Dickerson

Articles by Maurer Faculty

Members of the legal profession continually confront problems of statutory interpretation. Unfortunately, most lawyers have been inadequately trained to read and to draft statutes, resulting in poorly reasoned judicial decisions and policy choices.

In this Article, Professor Dickerson explores common problems associated with statutory interpretation. In exploring these problems, he describes the cognitive process involved in reading a statute and the large fund of tacit assumptions that condition this process. Through a case study analysis, he suggests a method of approaching problems of statutory interpretation.