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Indiana University Robert H. McKinney School of Law


Issue:

 Volume 452011Number 1 

Copyright © by the Trustees of Indiana University

Table of Contents

SYMPOSIUM
Introduction: "What if" Counterfactuals in Constitutional Law Gerard N. Magliocca
 1
The Counterfactual That Came to Pass: What if the Founders Had Not Constitutionalized the Privilege of the Writ of Habeas Corpus? Amanda L. Tyler
 3
What if Kelo v. City of New London Had Gone the Other Way? Ilya Somin
 21
What if Madison Had Won? Imagining a Constitutional World of Legislative Supremacy Alison L. LaCroix
 41
What if Slaughter-House Had Been Decided Differently? Kermit Roosevelt III
 61
What if Daniel Ellsberg Hadn't Bothered? Heidi Kitrosser
 89
What if Chief Justice Fred Vinson Had Not Died of a Heart Attack in 1953?: Implications for Brown and Beyond Carlton F.W. Larson
 131
NOTES
The Federal Estate Tax and the National Debt: Why the Debt Forces a Defense of the Tax Matthew B. Gaudin
 159
United States v. Alvarez: What Restrictions Does the First Amendment Impose on Lawmakers Who Wish to Regulate False Factual Speech? Jared Paul Haller
 191
Lessons from Avent: Judicial Estoppel and Duty to Defend in No-Injury Product Liability Litigation Lara Langeneckert
 217
Park51 as a Case Study: Testing the Religious Land Use and Institutionalized Persons Act Alex R. Whitted
 249

 


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