Legal Theory Commons^™

Criminogenic Risks Of Interrogation, Margareth Etienne, Richard Mcadams

Indiana Law Journal

In the United States, moral minimization is a pervasive police interrogation tactic in which the detective minimizes the moral seriousness and harm of the offense, suggesting that anyone would have done the same thing under the circumstances, and casting blame away from the offender and onto the victim or society. The goal of these minimizations is to reinforce the guilty suspect’s own rationalizations or “neutralizations” of the crime. The official theory—posited in the police training manuals that recommend the tactic—is that minimizations encourage confessions by lowering the guilt or shame of associated with confessing to the crime. Yet the same …

Policing In A Democratic Constitution, Michael Wasco

Indiana Journal of Constitutional Design

Most constitutions contain provisions relating to or impacting policing. Separate from the armed forces and intelligence services, the police are the state’s internal security apparatus, and codifying issues related to policing within a constitution can ensure efficient service delivery and human rights protections.

Originating from the Libyan constitution making process, this paper provides a taxonomy of options for constitution drafters and scholars. More so than other issues, such as separation of powers or human rights protections generally, policing sections are very country specific. While not advocating for specific best practices, the work gives ample justifications for certain policing principles and …

Reviewing Intergovernmental Institutions In Federal Systems: Opportunity For Cooperation, Harrison Schafer

Indiana Journal of Constitutional Design

This Article surveys intergovernmental institutions across federal states. Generally, these institutions offer meaningful cooperation for the different levels of government when addressing state problems. These institutions, however, often lack political authority to bind institutional members or implement authoritative state actions.

This Article proceeds in two general parts. First, this Article taxonomizes intergovernmental institutions across federal systems. Though few intergovernmental institutions are constitutionally mandated bodies, several federal states have enacted legislation to formalize these institutions while others simply utilize informal arrangements. This taxonomy will primarily discuss contemporary institutions within federal systems and focus exclusively on executive institutions. The taxonomy categorizes these …

Battle Of The Sexes: A History Of Social Change And A Solution For Maintaining A Child’S Best Interest In Light Of The #Metoo Movement, Jackie Calvert

Indiana Journal of Law and Social Equality

No abstract provided.

Legislative Committee Systems: A Design Perspective, Chase Stoddard

Indiana Journal of Constitutional Design

Committees are the defining characteristic of the modern legislature. While the centrality and study of party politics goes back further than committee politics, the focus on committee systems emerged over the course of the twentieth century, and legislatures could not function as we understand them without this mechanism. The United States Congressional committee system is the most studied system, yet virtually every country utilizes a committee system of some sort within its legislature. Despite their ubiquity in and centrality to the operations of legislatures, committees remain insufficiently studied, especially outside of the United States. The existing body of work tends …

Introduction: Imagining Post-Neoliberal Regulatory Subjectivities, Mika Viljanen Dr, Mikko Rajavuori, Tal Kastner

Indiana Journal of Global Legal Studies

To explore these tentative diagnoses and conceptualizations we called for papers engaging different aspects of law's subjectivity turn. A selection of papers that map the possible genealogies for the emergence of post-neoliberal law, address the implications of anthropomorphic corporate regulation, or analyze transformations in sovereign subjectivities is now published in this symposium issue. The papers take up and make salient an array of the big questions of our day.

While overlapping, the papers can be broadly divided into two categories. The first category consists of papers that explore the internal make-up of legal and regulatory subjectivities. Drawing on history, queer …

Puzzling Out Law's Person, David A. Wishart

Indiana Journal of Global Legal Studies

How is the person to be conceptualized in law? Is it subject or object, what is its ontology and teleology? These are old questions, but ones newly raised by changing ideas of the province of the state, technology, and the extension of legality. Examples include the protection of the fetus in utero; contractualization of relationships, including those of welfare; the regulation of intimacy; the idea of government business; interventions in the business of the firm; and challenges to legal entitihood as constructing personhood. Much discussion of these is incommensurable in terms of place, culture, and discipline. This article ventures a …

Getting To Know: Honoring Women In Law And In Fact, Lynne N. Henderson

Articles by Maurer Faculty

No abstract provided.

Book Review. Law's Patriarchy, Lynne N. Henderson

Articles by Maurer Faculty

No abstract provided.

Metaphor And Imagination In James Wilson's Theory Of Federal Union, Stephen A. Conrad

Articles by Maurer Faculty

No abstract provided.

Legality And Empathy, Lynne N. Henderson

Articles by Maurer Faculty

No abstract provided.

Conflict In Context: The Sanctioning Of Draft Resisters, 1963-76, Ilene Nagel Bernstein, John Hagan

Articles by Maurer Faculty

In this paper we examine the sanctioning of one type of political deviance, draft resistance, in two different social and political contexts: an era of coercive control and a period of cooptive control. A focus on the sanctioning of draft resisters allows a unique opportunity to examine the societal response to what the New Criminologists (Taylor et al., 1973:267) describe as the "purposive creator and innovator of action" whose crimes are the product of ". . . individual or collective action taken to Resolve... inequalities of power and interest." Our data cover a fourteen year period and consist of information …

Sanctions And Deviance: Another Look, Herbert Kritzer

IUSTITIA

In the past several years, there has been an extended dialogue in the literature concerning the question of the efficacy of sanctions as a means of deterring criminal behavior. There is some convincing evidence that threatened sanctions can and do deter some forms of behavior, such as parking violations and income tax evasion. Do these findings extend to other forms of behavior which our society has defined as criminal? This issue is considered by Gibbs in an article which appeared to find a clear link between the certainty and severity of sanctions and the murder rate. Gibbs' article stimulated additional …

Justice In The 20th Century, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

Prematurity And Obiter Dictum In Indian Judicial Thought, William D. Popkin

Articles by Maurer Faculty

No abstract provided.

Reason And Reality In Jurisprudence, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

Book Review. Law And Morality By Leon Petrazycki, Wencelas J. Wagner

Articles by Maurer Faculty

No abstract provided.

Book Review. Sutherland, A. E., The Law And One Man Among Many, Kenneth B. Hughes

Articles by Maurer Faculty

No abstract provided.

Codification Of Law In Europe And The Codification Movement In The Middle Of The Nineteenth Century In The United States, Wencelas J. Wagner

Articles by Maurer Faculty

No abstract provided.

Book Review. Cairns, H., The Theory Of Legal Science, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

Book Review. Haines, C. G., The Revival Of Natural Law Concepts, Fowler Vincent Harper

Articles by Maurer Faculty

No abstract provided.

Book Review. Dowdall, H. C., Estatification And Dowdall, H. C., The Word "State", Fowler Vincent Harper

Articles by Maurer Faculty

No abstract provided.

Liberty, Robert C. Brown

Articles by Maurer Faculty

No abstract provided.

Book Review. From The Physical To The Social Sciences By Jaques Rueff, Fowler V. Harper

Articles by Maurer Faculty

No abstract provided.

Law In Action And Social Theory, Fowler Vincent Harper

Articles by Maurer Faculty

No abstract provided.

Book Review. The Paradoxes Of Legal Science By Benjamin N. Cardozo, Fowler V. Harper

Articles by Maurer Faculty

No abstract provided.

Scientific Method In The Application Of Law, Fowler V. Harper

Articles by Maurer Faculty

No abstract provided.

Natural Law In American Constitutional Theory, Fowler V. Harper

Articles by Maurer Faculty

No abstract provided.