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Articles 1 - 30 of 49
Full-Text Articles in Entire DC Network
Back Away From The Survey Monkey!, James M. Donovan
Back Away From The Survey Monkey!, James M. Donovan
James M. Donovan
In an environment of too many—and too many ill-designed—surveys, our twin aims should be to reduce the number of surveys overall and to improve the quality of those that do circulate. This burden falls on both those who distribute questionnaires—to make them as efficient as possible—and those answering—to decline to participate in any project that shows signs of unthoughtful design, thereby forcing surveyors to “up their game.” Good surveying, a difficult task in the best of circumstances, becomes even more complicated when pushed through the favored medium of the online discussion list (commonly called a listserv), a choice that can …
Performing Discretion Or Performing Discrimination: An Analysis Of Race And Ritual In Batson Decisions In Capital Jury Selection, Melynda J. Price
Performing Discretion Or Performing Discrimination: An Analysis Of Race And Ritual In Batson Decisions In Capital Jury Selection, Melynda J. Price
Law Faculty Scholarly Articles
Research shows the mere presence of Blacks on capital juries--on the rare occasions they are seated--can mean the difference between life and death. Peremptory challenges are the primary method to remove these pivotal participants. Batson v. Kentucky developed hearings as an immediate remedy for the unconstitutional removal of jurors through racially motivated peremptory challenges. These proceedings have become rituals that sanction continued bias in the jury selection process and ultimately affect the outcome of capital trials. This Article deconstructs the role of the Batson ritual in legitimating the removal of African American jurors. These perfunctory hearings fail to meaningfully interrogate …
Broun Is Mere Opportunist, James M. Donovan
Broun Is Mere Opportunist, James M. Donovan
James M. Donovan
Only Congressman Paul Broun could compress so many misleading statements and factual errors into such a brief space, beginning with his appeal to the Founding Fathers.
Online version available at http://www.onlineathens.com/stories/051509/let_439920953.shtml
Advancing The Study Of Violence Against Women: Evolving Research Agendas Into Science, Carol E. Jordan
Advancing The Study Of Violence Against Women: Evolving Research Agendas Into Science, Carol E. Jordan
Office for Policy Studies on Violence Against Women Publications
Decades of research produced by multiple disciplines has documented withering rates of violence against women in the United States and around the globe. To further an understanding of gendered violence, a field of research has developed, but recent critiques have highlighted weaknesses that inhibit a full scientific exploration of these crimes and their impacts. This review extends beyond prior reviews to explore the field’s unique challenges, its community of scientists, and the state of its written knowledge. The review argues for moving beyond “research agendas” and proposes creation of a transdisciplinary science for the field of study of violence against …
Advancing The Study Of Violence Against Women: Response To Commentaries And Next Steps, Carol E. Jordan
Advancing The Study Of Violence Against Women: Response To Commentaries And Next Steps, Carol E. Jordan
Office for Policy Studies on Violence Against Women Publications
No abstract provided.
The Significance Of The Shift Toward As-Applied Challenges In Election Law, Joshua A. Douglas
The Significance Of The Shift Toward As-Applied Challenges In Election Law, Joshua A. Douglas
Law Faculty Scholarly Articles
Election law is experiencing immense change. The Supreme Court’s recent approach to election law cases has significant implications for the scope of the right to vote and the meaning of political participation and self-governance. This Article examines the importance of the Court’s recent pronouncement that plaintiffs can bring election law challenges only as applied to a particular political actor for a particular situation, instead of challenging a law in its entirety. The “as-applied only” rule may seem like simply a procedural method for construing election laws or a mere semantic distinction, but, as I show, in reality the Court’s decisions …
Who's Afraid Of Redistribution? An Analysis Of The Earned Income Tax Credit, Jennifer Bird-Pollan
Who's Afraid Of Redistribution? An Analysis Of The Earned Income Tax Credit, Jennifer Bird-Pollan
Law Faculty Scholarly Articles
In the 2008 Presidential campaign, the American public was reminded time and again of the differences in the economic policies of the nominees: John McCain would cut taxes, and Barack Obama would raise them, although only on those earning over $250,000. In the final days of the campaign, the McCain camp accused Obama of proposing “redistribution,” and the Obama camp quickly denied that description. So why do presidential candidates run so quickly from the r-word? McCain’s senior policy advisor equated redistribution with socialism, but redistribution, in the form of the federal income tax system, is a central tenet of American …
Gay Marriage: The Issue, James M. Donovan
Gay Marriage: The Issue, James M. Donovan
James M. Donovan
Comment in response to Bob Ostertag, "Why Gay Marriage Is the Wrong Issue," Flagpole, January 14, 2009.
Slightly different version available online at http://flagpole.com/Weekly/Comment/GayMarriageTheIssue.11Feb09
A Reappraisal Of Attorneys' Fees In Bankruptcy, Michelle Arnopol Cecil
A Reappraisal Of Attorneys' Fees In Bankruptcy, Michelle Arnopol Cecil
Kentucky Law Journal
No abstract provided.
Judicially Fusing The Pinkerton Doctrine To Rico Conspiracy Litigation Through The Concept Of Mediate Causation, Dean Browning Webb
Judicially Fusing The Pinkerton Doctrine To Rico Conspiracy Litigation Through The Concept Of Mediate Causation, Dean Browning Webb
Kentucky Law Journal
No abstract provided.
A Confused Concern Of The First Amendment: The Uncertain Status Of Constitutional Protection For Individual Academic Freedom, Neal H. Hutchens
A Confused Concern Of The First Amendment: The Uncertain Status Of Constitutional Protection For Individual Academic Freedom, Neal H. Hutchens
Educational Policy Studies and Evaluation Faculty Publications
The question of whether the First Amendment protects the individual academic freedom of faculty members at public colleges and universities has resulted in divergent views among courts and legal scholars. In joining the ongoing discourse regarding constitutional protection for academic freedom, this article considers using academic freedom policies and standards voluntarily adopted by institutions as a basis to provide First Amendment protection for faculty speech at public colleges and universities. The article proposes that such policies present one alternative to help clear some of the legal fog regarding First Amendment protection for individual academic freedom, especially in relation to the …
Preserving The Independence Of Public Higher Education: An Examination Of State Constitutional Autonomy Provisions For Public Colleges And Universities, Neal H. Hutchens
Preserving The Independence Of Public Higher Education: An Examination Of State Constitutional Autonomy Provisions For Public Colleges And Universities, Neal H. Hutchens
Educational Policy Studies and Evaluation Faculty Publications
In American higher education, the need to make public colleges and universities responsive to the public interest is often in tension with the necessity of providing institutions with the requisite authority to manage their internal affairs. In seeking to strike a balance between acceptable state oversight versus the need to safeguard the authority of public colleges and universities to manage their own affairs, some states rely on constitutional provisions to limit excessive state governmental intrusion. Specifically, these provisions vest constitutional authority in public higher education governing boards to direct the affairs of institutions or systems under their direction. In contrast …
Buying Or Selling A Horse In France: An Introduction To The Legal Context Proposed To The Attention Of U.S. Equine Lawyers, Philippe E. Corruble
Buying Or Selling A Horse In France: An Introduction To The Legal Context Proposed To The Attention Of U.S. Equine Lawyers, Philippe E. Corruble
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
Libraries As Doppelgängers: A Meditation On Collection Development, James M. Donovan
Libraries As Doppelgängers: A Meditation On Collection Development, James M. Donovan
James M. Donovan
Debates about the balance between electronic and paper resouces typically employ points on economics or patron access. That line of argument can be shown to depend upon an understanding of libraries as reducible to their contents. After showing that this premise must be discarded as logically inconsistent with the broader assertions made in favor of digital materials, the question is posed as to what qualities of libraries are not reducible to the materials they contain. The attractiveness of digital content, even if conclusive from a merely economic perspective, may still founder on the intrinsic properties of library qua "library."
One …
Procedural Due Process Implications Of Kentucky's Thoroughbred Medication Regulations, W. Chapman Hopkins
Procedural Due Process Implications Of Kentucky's Thoroughbred Medication Regulations, W. Chapman Hopkins
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
Protecting Farm Workers' Rights: The Broad Construction Of The Migrant And Seasonal Agricultural Worker Protection Act In Chavez V. Riceland Foods, Inc., Adrianne C. Crow
Protecting Farm Workers' Rights: The Broad Construction Of The Migrant And Seasonal Agricultural Worker Protection Act In Chavez V. Riceland Foods, Inc., Adrianne C. Crow
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
The Decline Of Edible Equine: A Comment On Cavel International Inc. V. Madigan, Bradley J. Sayles
The Decline Of Edible Equine: A Comment On Cavel International Inc. V. Madigan, Bradley J. Sayles
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
Cell Phones Pose A Distraction To Drivers But Legislative Ban Is Not The Answer, Annie Barret Wallin
Cell Phones Pose A Distraction To Drivers But Legislative Ban Is Not The Answer, Annie Barret Wallin
Kentucky Law Journal
No abstract provided.
The Undiscovered Country: Execution Competency & Comprehending Death, Jeffrey L. Kirchmeier
The Undiscovered Country: Execution Competency & Comprehending Death, Jeffrey L. Kirchmeier
Kentucky Law Journal
No abstract provided.
Juror Incomprehension: Advocating For A Holistic Reform Of Jury Instructions, J. Brittany Cross
Juror Incomprehension: Advocating For A Holistic Reform Of Jury Instructions, J. Brittany Cross
Kentucky Law Journal
No abstract provided.
CoWho? Kentucky's Need To Statutorily Define Property Interests In Geologically Sequestered Carbon Dioxide, E. Chase Dressman
CoWho? Kentucky's Need To Statutorily Define Property Interests In Geologically Sequestered Carbon Dioxide, E. Chase Dressman
Kentucky Law Journal
No abstract provided.
Strader V. Graham: Kentucky's Contribution To National Slavery Litigation And The Dredscott Decision, Robert G. Schwemm
Strader V. Graham: Kentucky's Contribution To National Slavery Litigation And The Dredscott Decision, Robert G. Schwemm
Kentucky Law Journal
No abstract provided.
Horse Sense And High Competition: Procedural Concerns In Equestrian Doping Arbitration, Holly Rudolph
Horse Sense And High Competition: Procedural Concerns In Equestrian Doping Arbitration, Holly Rudolph
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
The Difficult Road To Compelling Vaccination For Sexually Transmitted Diseases--How Gardasil And Those To Follow Will Change The Way That States Require Inoculation, Jonathan T. Scott
The Difficult Road To Compelling Vaccination For Sexually Transmitted Diseases--How Gardasil And Those To Follow Will Change The Way That States Require Inoculation, Jonathan T. Scott
Kentucky Law Journal
No abstract provided.
Ghosts Of Horace Gray: Customary International Law As Expectation In Human Rights Litigation, Daniel Ryan Koslosky
Ghosts Of Horace Gray: Customary International Law As Expectation In Human Rights Litigation, Daniel Ryan Koslosky
Kentucky Law Journal
No abstract provided.
Drug Law Reform--Retreating From An Incarceration Addiction, Robert G. Lawson
Drug Law Reform--Retreating From An Incarceration Addiction, Robert G. Lawson
Kentucky Law Journal
No abstract provided.
The New Jersey Supreme Court Distinguishes The Humane Treatment Of Animals And Routine Husbandry Practices In New Jersey Society For The Prevention Of Cruelty To Animals V. New Jersey Department Of Agriculture, Julie M. Mcgill
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
Are Noncompete Contracts Between Physicians Bad Medicine? Advocating In The Affirmative By Drawing A Public Policy Parallel To The Legal Profession, Alina Klimkina
Kentucky Law Journal
No abstract provided.
The Jurisdictional Entrapment Defense: An Analytic Framework For Claims Of Manufactured Jurisdiction In Child Exploitation Prosecutions, Leonid Feller
The Jurisdictional Entrapment Defense: An Analytic Framework For Claims Of Manufactured Jurisdiction In Child Exploitation Prosecutions, Leonid Feller
Kentucky Law Journal
No abstract provided.
The Constitutional Status Of Morals Legislation, John Lawrence Hill
The Constitutional Status Of Morals Legislation, John Lawrence Hill
Kentucky Law Journal
No abstract provided.