Indiana law review最新文献_第8页

Sovereign Immunity in Indiana: A Proposal to Protect Whistleblowers Against the State Through Legislative Action 印第安纳州的主权豁免:通过立法行动保护举报人免受国家侵害的建议

Indiana law review Pub Date : 2022-12-05 DOI: 10.18060/26850

D. Warner

引用次数: 0

Religious Liberty, Racial Justice, and Discriminatory Impact: Why the Equal Protection Clause Should be Applied at Least as Strictly as the Free Exercise Clause 宗教自由、种族正义和歧视性影响：为什么平等保护条款应该至少像自由行使条款一样严格地适用

Indiana law review Pub Date : 2022-12-05 DOI: 10.18060/26846

René Reyes

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引用次数: 0

On the Death of Diversity Jurisdiction: An Empirical Study Establishing That Diversity Jurisdiction Is No Longer Justified 论多样性管辖权之死:一项证明多样性管辖权不再合理的实证研究

Indiana law review Pub Date : 2022-12-05 DOI: 10.18060/26845

S. Devito

引用次数: 0

A Case for the Extension of the De Facto Officer Doctrine 事实官员原则的延伸案例

Indiana law review Pub Date : 2022-12-05 DOI: 10.18060/26849

Sloan Schafer

引用次数: 0

The Race Is On: Should Indiana Join the Legislative Race as States, Congress. and the NCAA Compete to Pass Name, Image, and Likeness Laws? 竞争开始了:印第安纳州是否应该作为州和国会加入立法竞争?和NCAA竞争通过名字、形象和相似法?

Indiana law review Pub Date : 2022-12-05 DOI: 10.18060/26848

R. Denton

引用次数: 0

Technology and Process: How Changing Rules and Technology Will Impact the Legal Profession, the Justice of Due Process Protections, and How We Judge Competence 技术与过程:变化的规则和技术将如何影响法律职业，正当程序保护的正义，以及我们如何判断能力

Indiana law review Pub Date : 2022-12-05 DOI: 10.18060/26844

Cale J. Bradford, Michael Brian Coppinger, Jr.

引用次数: 0

Fundamental Law, Fundamental Rights, and Constitutional Time 基本法、基本权利与宪法时代

Indiana law review Pub Date : 2022-12-05 DOI: 10.18060/26847

Dave McNamee

{"title":"Fundamental Law, Fundamental Rights, and Constitutional Time","authors":"Dave McNamee","doi":"10.18060/26847","DOIUrl":"https://doi.org/10.18060/26847","url":null,"abstract":"This Article lays the groundwork for a novel theory giving citizens pride of place in constitutional interpretation—as voters and jurors, deliberators and disobedients, and more. My account adopts different answers to two basic questions that divide it from other prevailing theories: first, that citizens, rather than judges, shoulder primary responsibility for interpreting principles of fundamental law; and second, that fidelity to their Constitution requires, above all, keeping faith with their fellow citizens across constitutional time. This approach conceives of the Citizens’ Constitution as an enduring social contract. In setting the stage for this account, I advance several related claims that carry independent weight as theoretical contributions. First, the Citizens’ Constitution as Fundamental Law is a distinct and vitally important domain of constitutional principles, which are accessible and justifiable to citizens’ common reason, and which ground their pervasive disagreements. Second, propositions of fundamental law can be understood in another register—as propositions about constitutional time, relating the constitutional present to its past and future. Third, these propositions about constitutional time are moral arguments of a certain kind: arguments about constitutional justice, about what we share as citizens andparticipants in an enduring enterprise and what makes the Constitution worthy of our allegiance. Finally, together these claims point the way to a recognitional account of fundamental rights that deepens their connection to constitutional justice, even as it generates a measure of commonality across pitched value disagreements.","PeriodicalId":81517,"journal":{"name":"Indiana law review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43791130","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Indiana's Probable-Impact Test for Reversible Error 印第安纳州可逆错误的可能冲击试验

Indiana law review Pub Date : 2022-07-15 DOI: 10.18060/26416

Edward W. Najam, Jr., Jonathan B. Warner

引用次数: 0

Redefining Justice for Emerging Adults: Emerging Adult Courts Promise a Cost-Effective Means to Rehabilitate Offenders Who Commit Crimes Prior to Their 25th Birthdays 重新定义新兴成年人的司法：新兴成年人法院承诺提供一种成本效益高的手段，让25岁生日前犯罪的罪犯康复

Indiana law review Pub Date : 2022-07-15 DOI: 10.18060/26417

Leanna Weissmann

引用次数: 0

One Strike and You Are Out: Why Indiana Should Enact Legislation to Prevent the Rehiring of Sexual Abusers in Government Positions 一次罢工，你就出局了:为什么印第安纳州应该立法防止政府职位重新雇用性侵犯者

Indiana law review Pub Date : 2022-07-15 DOI: 10.18060/26435

J. Shaulis

引用次数: 0