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An Unconventional Approach To Reviewing The Judicially Unreviewable: Applying The Dormant Commerce Clause To Copyright, Donald P. Harris Jan 2016

An Unconventional Approach To Reviewing The Judicially Unreviewable: Applying The Dormant Commerce Clause To Copyright, Donald P. Harris

Kentucky Law Journal

No abstract provided.


Governmental Acquiescence In Private Party Searches: The State Action Inquiry And Lessons From The Federal Circuits, Eugene L. Shapiro Jan 2016

Governmental Acquiescence In Private Party Searches: The State Action Inquiry And Lessons From The Federal Circuits, Eugene L. Shapiro

Kentucky Law Journal

In an area characterized by a significant potential for governmental abuse, judicial examination of whether governmental acquiescence in a specific private party search constitutes state action, consequently subject to Fourth Amendment constraints, has often lacked appropriate focus and depth. An examination of the standards used among the federal circuits reveals prevalent approaches which identify the circumstances bearing upon the matter, but which address them under "multi-factored" totality of the circumstances standards. The result has too often been a lack of specificity in discussing the issues and a failure to provide needed clarity for law enforcement.

This article examines the analyses ...


Tinker Tortured: The Scope Of Student Off-Campus Viral Speech Rights In The Federal Circuits, Kevin Nathaniel Troy Fowler Jan 2016

Tinker Tortured: The Scope Of Student Off-Campus Viral Speech Rights In The Federal Circuits, Kevin Nathaniel Troy Fowler

Kentucky Law Journal

No abstract provided.


Judgment Without Notice: The Unconstitutionality Of Constructive Notice Following Citizens United, Carliss N. Chatman Jan 2016

Judgment Without Notice: The Unconstitutionality Of Constructive Notice Following Citizens United, Carliss N. Chatman

Kentucky Law Journal

Citizens United v. Federal Election Commission positions a corporation as an entity entitled to constitutional rights equal to the rights of natural persons. In many situations, this holding may be the impetus for reform and reconsideration of state restrictions on corporate rights that were problematic before the decision. The operation of corporate statutes on corporations chartered in one state but doing business in another state as a foreign corporation is an area in need of this Citizens United-inspired review. Although most corporations operate as foreign corporations outside of their state of incorporation, neither the constitutional validity of corporate withdrawal ...


The Depth Of Endurance: A Critical Look At Prolonged Solitary Confinement In Light Of The Constitution And A Call To Reform, Shannon H. Church Jan 2015

The Depth Of Endurance: A Critical Look At Prolonged Solitary Confinement In Light Of The Constitution And A Call To Reform, Shannon H. Church

Kentucky Law Journal

No abstract provided.


Once We're Done Honeymooning: Obergefell V. Hodges, Incrementalism, And Advances For Sexual Orientation Anti-Discrimination, Jeremiah A. Ho Jan 2015

Once We're Done Honeymooning: Obergefell V. Hodges, Incrementalism, And Advances For Sexual Orientation Anti-Discrimination, Jeremiah A. Ho

Kentucky Law Journal

Undoubtedly, the Supreme Court's marriage equality decision in Obergefell v. Hodges is the watershed civil rights decision of our time. Since United States v. Windsor, each recent victory for same-sex couples in the federal courts evidenced that the legal recognition of same-sex marriages in the United States was becoming increasingly secure. Meanwhile, momentum was growing for the visibility of sexual minorities nationally. Yet, is marriage equality the last stop in the pro-LGBTQmovement, or should we expect sexual minorities to advance in other legal arenas? Should we expect that the recent strides in marriage equality from Windsor to Obergefell can ...


A Uniform Test Isn't Here Right Now, But Please Leave A Message: How Altering The Spence Symbolic Speech Test Can Better Meet The Needs Of An Expressive Society, Caitlin Housley Jan 2015

A Uniform Test Isn't Here Right Now, But Please Leave A Message: How Altering The Spence Symbolic Speech Test Can Better Meet The Needs Of An Expressive Society, Caitlin Housley

Kentucky Law Journal

No abstract provided.


"Hobby-Lobby"-Ing For Religious Freedom: Crafting The Religious Employer Exemption To The Ppaca, Emily Pitt Mattingly Jan 2014

"Hobby-Lobby"-Ing For Religious Freedom: Crafting The Religious Employer Exemption To The Ppaca, Emily Pitt Mattingly

Kentucky Law Journal

No abstract provided.


The Kentucky Religious Freedom Act: Neither A Savior For The Free Exercise Of Religion Nor A Monstrous Threat To Civil Rights, Jennifer A. Pekman Jan 2014

The Kentucky Religious Freedom Act: Neither A Savior For The Free Exercise Of Religion Nor A Monstrous Threat To Civil Rights, Jennifer A. Pekman

Kentucky Law Journal

No abstract provided.


State Treason: The History And Validity Of Treason Against Individual States, J. Taylor Mcconkie Jan 2013

State Treason: The History And Validity Of Treason Against Individual States, J. Taylor Mcconkie

Kentucky Law Journal

No abstract provided.


Cell Phone Searches Incident To Arrest: A New Standard Based On Arizona V. Gant, Ben E. Stewart Jan 2011

Cell Phone Searches Incident To Arrest: A New Standard Based On Arizona V. Gant, Ben E. Stewart

Kentucky Law Journal

No abstract provided.


Material Witness Detentions After Al-Kidd, Wesley Macneil Oliver Jan 2011

Material Witness Detentions After Al-Kidd, Wesley Macneil Oliver

Kentucky Law Journal

No abstract provided.


Originalism And Original Exclusions, Mark S. Stein Jan 2010

Originalism And Original Exclusions, Mark S. Stein

Kentucky Law Journal

No abstract provided.


What The Doctor Ordered: Balancing Religion And Patient Rights In U.S. Pharmacies, Rachel T. Caudel Jan 2009

What The Doctor Ordered: Balancing Religion And Patient Rights In U.S. Pharmacies, Rachel T. Caudel

Kentucky Law Journal

No abstract provided.


The Constitutional Status Of Morals Legislation, John Lawrence Hill Jan 2009

The Constitutional Status Of Morals Legislation, John Lawrence Hill

Kentucky Law Journal

No abstract provided.


The Undiscovered Country: Execution Competency & Comprehending Death, Jeffrey L. Kirchmeier Jan 2009

The Undiscovered Country: Execution Competency & Comprehending Death, Jeffrey L. Kirchmeier

Kentucky Law Journal

No abstract provided.


Strader V. Graham: Kentucky's Contribution To National Slavery Litigation And The Dredscott Decision, Robert G. Schwemm Jan 2009

Strader V. Graham: Kentucky's Contribution To National Slavery Litigation And The Dredscott Decision, Robert G. Schwemm

Kentucky Law Journal

No abstract provided.


Silence At The Schoolhouse Gate: The Diminishing First Amendment Rights Of Public School Employees, Neal H. Hutchens Jan 2008

Silence At The Schoolhouse Gate: The Diminishing First Amendment Rights Of Public School Employees, Neal H. Hutchens

Kentucky Law Journal

No abstract provided.


Grounding Cyberspeech: Public Schools' Authority To Discipline Students For Internet Activity, Sarah O. Cronan Jan 2008

Grounding Cyberspeech: Public Schools' Authority To Discipline Students For Internet Activity, Sarah O. Cronan

Kentucky Law Journal

No abstract provided.


Civil Rights For Whom?: Gay Rights Versus Religious Freedom, George W. Dent Jr. Jan 2007

Civil Rights For Whom?: Gay Rights Versus Religious Freedom, George W. Dent Jr.

Kentucky Law Journal

No abstract provided.


Home Sweet Home?! Maybe Not For Parolees And Probationers When It Comes To Fourth Amendment Protection, David M. Stout Jan 2007

Home Sweet Home?! Maybe Not For Parolees And Probationers When It Comes To Fourth Amendment Protection, David M. Stout

Kentucky Law Journal

No abstract provided.


The Case For Kentucky Sex Offenders: Residency Restrictions And Their Constitutional Validity, Alicia A. Sterrett Jan 2007

The Case For Kentucky Sex Offenders: Residency Restrictions And Their Constitutional Validity, Alicia A. Sterrett

Kentucky Law Journal

No abstract provided.


The "Protection Of Lawful Commerce In Arms Act": Immunity For The Firearm Industry Is A (Constitutional) Bulls-Eye, R. Clay Larkin Jan 2006

The "Protection Of Lawful Commerce In Arms Act": Immunity For The Firearm Industry Is A (Constitutional) Bulls-Eye, R. Clay Larkin

Kentucky Law Journal

No abstract provided.


Liberty From On High: The Growing Reliance On A Centralized Judiciary To Protect Individual Liberty, Patrick M. Garry Jan 2006

Liberty From On High: The Growing Reliance On A Centralized Judiciary To Protect Individual Liberty, Patrick M. Garry

Kentucky Law Journal

No abstract provided.


Removing The Vestiges Of Discrimination: Criminal Disenfranchisement Laws And Strategies For Challenging Them, Carl N. Frazier Jan 2006

Removing The Vestiges Of Discrimination: Criminal Disenfranchisement Laws And Strategies For Challenging Them, Carl N. Frazier

Kentucky Law Journal

No abstract provided.


Time Out Of Mind: Our Collective Amnesia About The History Of The Privileges Or Immunities Clause, Michael P. O'Connor Jan 2005

Time Out Of Mind: Our Collective Amnesia About The History Of The Privileges Or Immunities Clause, Michael P. O'Connor

Kentucky Law Journal

No abstract provided.


Eliminating The Exception? Lawrence V. Texas And The Arguments For Extending The Right To Marry To Same-Sex Couples, Tyler S. Whitty Jan 2005

Eliminating The Exception? Lawrence V. Texas And The Arguments For Extending The Right To Marry To Same-Sex Couples, Tyler S. Whitty

Kentucky Law Journal

No abstract provided.


Religion, Politics, Race, And Ethnicity: The Range And Limits Of Voir Dire, Barry P. Goode Jan 2004

Religion, Politics, Race, And Ethnicity: The Range And Limits Of Voir Dire, Barry P. Goode

Kentucky Law Journal

No abstract provided.


Resorting To External Norms And Principles In Constitutional Decision-Making, Alvin L. Goldman Jan 2004

Resorting To External Norms And Principles In Constitutional Decision-Making, Alvin L. Goldman

Kentucky Law Journal

No abstract provided.


Democracy, Not Deference: An Egalitarian Theory Of Judicial Review, Ronald C. Den Otter Jan 2003

Democracy, Not Deference: An Egalitarian Theory Of Judicial Review, Ronald C. Den Otter

Kentucky Law Journal

No abstract provided.