Digital Commons Network^™

From Public Health To Public Wealth: The Case For Economic Justice, Barbara L. Atwell

Kentucky Law Journal

No abstract provided.

Disrobing The Judiciary: The Systematic Stripping Of Judicial Power By The Legislature, Chynna Breann Hibbitts

Kentucky Law Journal

No abstract provided.

Freezing The Future: Elective Egg Freezing And The Limits Of The Medical Expense Deduction, Tessa R. Davis

Kentucky Law Journal

No abstract provided.

The People V. Their Universities: How Popular Discontent Is Reshaping Higher Education Law, Ben Trachtenberg

Kentucky Law Journal

No abstract provided.

Bacha Bazi And Human Rights Violations In Afghanistan: Should The U.S. Military Have Done More To Protect Underage Boys?, Annie Barry Bruton

Kentucky Law Journal

No abstract provided.

Vacating Adult Adoptions Post-Obergefell, Sarah A. Quarles

Kentucky Law Journal

No abstract provided.

Religious Exemptions, Third-Party Harms, And The False Analogy To Church Taxes, Christopher C. Lund

Kentucky Law Journal

No abstract provided.

Fracking Coal Country: How Local Governments And The State Can Make A Positive Impact On Rural Appalachia's Future Within The Energy Industry, Shannon L. Rutherford

Kentucky Law Journal

No abstract provided.

The 2015 University Of Missouri Protests And Their Lessons For Higher Education Policy And Administration, Ben Trachtenberg

Kentucky Law Journal

No abstract provided.

The Costs Of Conscience, Micah Schwartzman, Nelson Tebbe, Richard Schragger

Kentucky Law Journal

No abstract provided.

Religious Exemptions, Harm To Others, And The Indeterminacy Of A Common Law Baseline, Elizabeth Sepper

Kentucky Law Journal

No abstract provided.

Religious Accommodations And Third-Party Harms: Constitutional Values And Limits, Kathleen A. Brady

Kentucky Law Journal

No abstract provided.

What Is Sexual Orientation?, Mary Ziegler

Kentucky Law Journal

At a time when the Supreme Court seems closer than ever before to treating sexual orientation as a suspect classification, consideration of the legal definition of sexual orientation is both timely and important. The Court’s 2015 decision in Obergefell recognizes two guideposts for defining sexual orientation: its immutability and normalcy. While other scholars offer rich and nuanced accounts of the fight for gay, lesbian, transgender, and bisexual rights, they do not fully analyze the history of sexual orientation as a legal category. This Article closes that gap, illuminating the hidden costs of the definition of sexual orientation that Obergefell endorses. …

Third-Party Burdens And Conscientious Objection To War, William P. Marshall

Kentucky Law Journal

No abstract provided.

Religious Liberty Versus Rights Of Others, Arnold H. Loewy

Kentucky Law Journal

No abstract provided.

Higher Ed "Do Not Resuscitate" Orders, Matthew Adam Bruckner

Kentucky Law Journal

Congress has effectively precluded all institutions of higher education from reorganizing in the bankruptcy courts because it was concerned about exploitative profiteers opening fly-by-night colleges, defrauding students, and then finding refuge in bankruptcy. This choice harms students, employees, creditors, and communities. As such, this Article advocates that Congress should reverse its decision and allow IHEs to reorganize in bankruptcy without losing access to federal student loan and grant programs. To support this argument, this Article contrasts the bankruptcy treatment of healthcare enterprises to that of higher education enterprises. In doing so, this Article builds on my own prior work and …

Expanding Reach: The Importance Of Batson V. Kentucky Thirty Years On, Melynda J. Price J.D., Ph.D.

Kentucky Law Journal

No abstract provided.

A Call To Criminal Courts: Record Rules For Batson, Catherine M. Grasso, Barbara O'Brien

Kentucky Law Journal

No abstract provided.

Human Development As A Core Objective Of Global Intellectual Property, J. Janewa Osei'tutu

Kentucky Law Journal

Global intellectual property obligations shape domestic laws and policies. More than twenty years since the first multilateral trade-based intellectual property agreement, critics contend that global intellectual property law prioritizes intellectual property rights over other interests, and profits over people. Faced with international intellectual-property obligations, nations have been forced to justify laws and policies designed to promote human development in areas such as health and education as exceptions to intellectual property protection. This is the result of legal interpretations that treat the objectives of intellectual property protection and human development as inconsistent with one another. Drawing on the objectives of trade …

Family Formation And The Home, Pamela Laufer-Ukeles, Shelly Kreiczer-Levy

Kentucky Law Journal

In this article, we consider the relevance of home sharing in family formation. When couples or groups of persons are recognized as families, they are afforded significant benefits and given certain obligations by the law. Families have their own category of laws, rights, and obligations. Currently, the law of family formation and recognition is in a state of flux. Although in some respects the defining legal lines of the family have been well settled for centuries around blood and the formal legal ties of marriage and parenthood, in significant ways, the family form has been fundamentally altered over the past …

Batson V. Kentucky Reflections Inspired By A Podcast, Nancy S. Marder

Kentucky Law Journal

An episode of More Perfect, a podcast devoted to the US. Supreme Court, focused on Batson v. Kentucky, which just marked its thirtieth anniversary. This podcast serves as the starting point for reflections on Batson v. Kentucky, a case in which the Court maintained the peremptory challenge while trying to eliminate discriminatory peremptory challenges. The podcast contributes to our understanding of Batson in several ways. First, it allows listeners to hear from participants in the case and how they viewed their situation at the time. Second, it considers whether Batson has been effective in ridding jury selection …

Immigrant Passing, Andrew Tae-Hyun Kim

Kentucky Law Journal

The metaphor of America as a "melting-pot" is as old as this country's founding. In its aspirational reach and inclusive vision, this storied narrative is alluring. This assimilationist norm is deeply woven into our culture and laws. But the demand to assimilate can easily cross the ine into unlawful discrimination and exact untold harms on an individual's identity For over eleven million undocumented immgrants in the United States, many of whom have lived here for generations, the story of inclusion smacks of fiction. To remedy their daily fear of deportation and obviate the need to hide, the Obama Administration enacted, …

That's Unfair! Or Is It? Big Data, Discrimination And The Ftc's Unfairness Authority, Dennis D. Hirsch

Kentucky Law Journal

No abstract provided.

Should Paris Hilton Receive A Lighter Prison Sentence Because She's Rich? An Experimental Study, Josef Montag, Tomáš Sobek

Kentucky Law Journal

The "equal punishment for the same crime" principle is generally agreed upon--yet its implementation differs radically depending on whether the punishment is measured purely in nominal terms or whether the subjective perspective of the punishee is accounted for. This is simply because different people may experience the same punishment with differing intensity.

Legal scholars have recently proposed that improvements in scientific knowledge and advancements in technologies (such as Functional magnetic resonance imaging), which allow us to measure subjective perceptions and feelings, need to be and should be incorporated in our penal systems. This would facilitate calibrating the punishment not only …

Data Privacy As A Civil Right: The Eu Gets It?, Raymond Shih Ray Ku

Kentucky Law Journal

No abstract provided.

Taking Physicians Out Of The Straitjacket: Defending Physician Free Speech Rights By Defining The "Truthful And Nonmisleading" Standard, Kathryn E. Meyer

Kentucky Law Journal

No abstract provided.

"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

Kentucky Law Journal

No abstract provided.

Expanding The Scope Of Who May Petition For Domestic Violence Protective Orders In Kentucky, Sarah Lawson

Kentucky Law Journal

No abstract provided.

Promising Protection: 911 Call Records As Foundation For Family Violence Intervention, Linda L. Bryant, James G. Dwyer

Kentucky Law Journal

No abstract provided.