|Present||Phyllis and Richard Duesenberg Professor of Law, Valparaiso University|
- Constitutional Law
- Civil Rights Litigation
- Federal Practice
Valparaiso University School of Law
656 South Greenwich Street
Valparaiso, IN 46383
Constitutional Law (23)
Time to Bury the Shocks the Conscience Test Chapman Law Review (2010)
The Supreme Court has acknowledged that "the Due Process Clause, like its forebear in the Magna Carta, was 'intended to secure the individual from the arbitrary exercise of the powers of government'...to prevent governmental power ...
Misinterpreting "Sounds of Silence": Why Courts Should Not "Imply" Congressional Preclusion of § 1983 Constitutional Claims Law Faculty Publications (2008)
Despite the clear text of 42 U.S.C. § 1983, its promise to protect constitutional rights has been obfuscated by the theory that Congress, by enacting civil rights laws, has “impliedly” foreclosed the historic use of ...
Reining in Abuses of Executive Power Through Substantive Due Process Law Faculty Publications (2008)
Although substantive due process is one of the most confusing and controversial areas of constitutional law, it is well established that the Due Process Clause includes a substantive component that “bars certain arbitrary wrongful government ...
State and Federal Constitutional Law Developments Indiana Law Review (2002)
This Article explored state and federal constitutional law developments over the past year. Parts I-III examine both U.S. Supreme Court cases and significant Indiana state and lower federal court cases addressing federal constitutional issues. Part ...
Constitutional Law: Nude Dancing and Political Speech as Protected Expression- the Scope of the Due Process Guarantee Indiana Law Review (1991)
In a 1988 address, Chief Justice Shepard invited Indiana practitioners to reexamine the Indiana Constitution as a potentially significant source for the protection of individual liberty. Although there has been some movement in this direction ...