Constitutional Law

How Much Constitutional Protection For TRUTHFUL COMMERCIAL SPEECH?

R. GEORGE WRIGHT; Lawrence A. Jegen Professor of Law, Indiana University Robert H. McKinney School of Law. The author’s thanks are hereby extended to Konstantina Kloufetos and Sheremy Cabrera.          Much of the harm of speech paternalism arises, of course, in the context of political, as distinct from commercial, speech. [9] But as the Court has declared, […]

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Fringes: Evidence Law Beyond the Federal Rules

During recent decades, the teaching and discussion of Evidence law have come to focus almost entirely on the topics covered by the Federal Rules of Evidence and their state equivalents. Just as the Federal Rules of Civil Procedure caused teachers and scholars to focus on what they cover, the Federal Rules of Evidence have come to define our understanding of what Evidence law is about.

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The Projected Light Message Cases: A Study in the General Erosion of Free Speech Theory

Any new practice involving communication can pose a challenge to established free speech law. A few such practices are of exceptional value in promoting a clearer understanding of free speech law and, crucially, of the increasingly important deficiencies of even our best free speech theories. The practice of projecting light messages onto targeted property is just such a practice.

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Indiana Religious Controversies Analyzed by Former Indiana Supreme Court Justice

by Tess Anglin, 2L Note Candidate Michael DeBoer’s article Justice Brent E. Dickson, State Constitutional Interpretation, and the Religion Provisions of the Indiana Constitution, tracks Justice Dickson’s contribution to the development of Indiana constitutional law through analyzing three cases surrounding the interpretation of the religious provisions of the Indiana Constitution. With respect to each case, […]

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Congress’ Role in the Rules-of-the-Road of Representative Democracy

by Yaniv Shmukler, 2L Note Candidate In his recently published article, Can Congress Play a Role in Remedying Dysfunctional Political Partisanship?, Professor Mark Rosen discusses how voting rights, gerrymandering, and political campaigns lead to increased polarization in today’s political climate. He notes that most rules-of-the-road are state law, although Congress has the power to displace […]

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