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Congratulations to the Vol. 51 Note Candidates!

The Indiana Law Review is pleased to announce that the following students have been selected as Note Candidates for Volume 51.  We look forward to their contributions to legal scholarship over the coming school year. Congratulations!

Courtney Abshire Julie Ardelean Nick Bognanno
Thomas Buchanan Amy Burbrink Sarah Correll
Michael Daniells Alyssa Devine Nicole Dobias
Chris Frank Brendan Hogan Elizabeth Hyde
Trevor Johnson JooRi Kim Bradley Lohsl
Amelia Marvel Kevin McCusker John Millikan
Riley Parr Charles Richert Haley Roach
Henry Robison Eric Shouse Eileen Smart
Joseph Tanner Carla Uhlarik
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Congratulations to the Vol. 50 Note Candidates!

The Indiana Law Review is pleased to announce that the following students have been selected as Note Candidates for Volume 50.  We look forward to their contributions to legal scholarship over the coming school year. Congratulations!

Tess Anglin                                                     Zach Mahone

Joel Benson                                                     Ryan Mann

Bradley Boswell                                             Patrick McCarney

Janeia Brounson                                            Daniel McGregor

Kelsey Dilday                                                  Nathaniel Moyer

Katherine Forbes                                           Jennifer Phillips

Joseph Gilham                                                Jackson Schroeder

Allan Griffey                                                   Yaniv Shmukler

Ashley Hart                                                     Allison Skimehorn

Tyler Haston                                                   James Strickland

Michael Heavilon                                          Julie Tempest

Matthew Koressel                                          Tim Walters

Kayleigh Long

Can Congress Play A Role in Remedying Dysfunctional Political Partisanship? – A Prolegomenon

by Mark D. Rosen
Professor of Law (Faculty Profile)
Chicago-Kent College of Law
565 W. Adams St., Room 751
Chicago, IL 60661

[Editor’s Note: Professor Rosen’s full analysis will be presented at this year’s Indiana Law Review Symposium, titled Partisan Conflict, Political Structure, and Culture, on Friday, November 6, 2015. Registration information is available here.]

A recent situs of deep partisan contestation – and a likely contributing cause of dysfunctional partisanship – are the rules of the road that operationalize our representative democracy in the States:  for example,  what conditions must be satisfied for voter eligibility, how votes are aggregated for purposes of selecting representatives, and how political campaigns are funded.  State law governs most rules of the road, though Congress has substantial authority to regulate instead.   Might there be a role for Congress here?

Perhaps.  Partisan rules of the road threaten the system of representative government the Constitution creates for the federal government and guarantees the States.  Congressional action to correct representative democracy’s problematic rules of the road accordingly falls within the domain of constitutional decisionmaking.  My talk then builds on a larger project of mine that argues there ought to be a special set of norms are applicable when Congress engages in constitutional decisionmaking.  Without a clear understanding of such norms, any suggestion that Congress can engage in responsible constitutional decisionmaking can be criticized as unrealistically naïve or utopian.  More constructively, clearly articulated norms may increase the likelihood Congress will engage in responsible constitutional decisionmaking.