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Articles 1 - 30 of 389
Full-Text Articles in Law
"Reasonable Expectations," Takings Law Analysis And Administrative Decisions In Light Of Rith V. United States, C. Phillip Wheeler Jr.
"Reasonable Expectations," Takings Law Analysis And Administrative Decisions In Light Of Rith V. United States, C. Phillip Wheeler Jr.
Journal of Natural Resources & Environmental Law
No abstract provided.
Defanging Environmental Law: Extracting Citizen Suit Provisions Under Seminole Tribe V. Florida, Jefferson D. Reynolds
Defanging Environmental Law: Extracting Citizen Suit Provisions Under Seminole Tribe V. Florida, Jefferson D. Reynolds
Journal of Natural Resources & Environmental Law
No abstract provided.
Regulatory Takings: When Is Enough, Enough?, Jacqueline Kerry Heyman
Regulatory Takings: When Is Enough, Enough?, Jacqueline Kerry Heyman
Journal of Natural Resources & Environmental Law
No abstract provided.
Searches By Environmental Protection Agencies: When Is A Warrant Necessary?, David Sparks
Searches By Environmental Protection Agencies: When Is A Warrant Necessary?, David Sparks
Journal of Natural Resources & Environmental Law
No abstract provided.
Anilca Under Attack: Will The Right To Travel Wreak Havoc With Subsistence Rights?, Kathy A. Gudgell
Anilca Under Attack: Will The Right To Travel Wreak Havoc With Subsistence Rights?, Kathy A. Gudgell
Journal of Natural Resources & Environmental Law
No abstract provided.
"Taking" A Walk On A Winter's Night, James E. Brookshire
"Taking" A Walk On A Winter's Night, James E. Brookshire
Journal of Natural Resources & Environmental Law
No abstract provided.
Lucas V. South Carolina Coastal Council: The Remaking Of Takings Law And The Re-Emergence Of Lochner, Jerry Mitchell
Lucas V. South Carolina Coastal Council: The Remaking Of Takings Law And The Re-Emergence Of Lochner, Jerry Mitchell
Journal of Natural Resources & Environmental Law
No abstract provided.
Surface Use And Damages Statutes: "Cloud"Ed Constitutionality, Stacey L. Graus
Surface Use And Damages Statutes: "Cloud"Ed Constitutionality, Stacey L. Graus
Journal of Natural Resources & Environmental Law
No abstract provided.
Of Pigs And Parlors: Regulatory Takings In The Coalfields, Patrick C. Mcginley
Of Pigs And Parlors: Regulatory Takings In The Coalfields, Patrick C. Mcginley
Journal of Natural Resources & Environmental Law
No abstract provided.
Acid Mine Drainage--A Review Of The Barnes & Tucker Case--Is The Requirement To Treat A "Taking" Under The Fifth Or Fourteenth Amendment?, Linda M. Stowers
Acid Mine Drainage--A Review Of The Barnes & Tucker Case--Is The Requirement To Treat A "Taking" Under The Fifth Or Fourteenth Amendment?, Linda M. Stowers
Journal of Natural Resources & Environmental Law
No abstract provided.
Constitutional Validity Of The Kentucky Unmined Coal Tax: Gillis V. Yount, Robin L. Fields
Constitutional Validity Of The Kentucky Unmined Coal Tax: Gillis V. Yount, Robin L. Fields
Journal of Natural Resources & Environmental Law
No abstract provided.
Federal Constitutional Limitations On The Regulation Of Coal Mining Activities, Cyril A. Fox Jr.
Federal Constitutional Limitations On The Regulation Of Coal Mining Activities, Cyril A. Fox Jr.
Journal of Natural Resources & Environmental Law
No abstract provided.
Limiting Attorney's Fees In Black Lung Benefits Cases: A Violation Of Procedural Due Process?, Earl F. Martin Iii
Limiting Attorney's Fees In Black Lung Benefits Cases: A Violation Of Procedural Due Process?, Earl F. Martin Iii
Journal of Natural Resources & Environmental Law
No abstract provided.
The Constitutionality Of The Black Lung Interim Presumption, Stella B. House
The Constitutionality Of The Black Lung Interim Presumption, Stella B. House
Journal of Natural Resources & Environmental Law
No abstract provided.
Divorce, Domicile, And The Constitution, Mark Strasser
Divorce, Domicile, And The Constitution, Mark Strasser
Kentucky Law Journal
No abstract provided.
Religious Exemptions, Third-Party Harms, And The False Analogy To Church Taxes, Christopher C. Lund
Religious Exemptions, Third-Party Harms, And The False Analogy To Church Taxes, Christopher C. Lund
Kentucky Law Journal
No abstract provided.
Third-Party Burdens And Conscientious Objection To War, William P. Marshall
Third-Party Burdens And Conscientious Objection To War, William P. Marshall
Kentucky Law Journal
No abstract provided.
The Costs Of Conscience, Micah Schwartzman, Nelson Tebbe, Richard Schragger
The Costs Of Conscience, Micah Schwartzman, Nelson Tebbe, Richard Schragger
Kentucky Law Journal
No abstract provided.
Equitable Mootness: Ignorance Is Bliss And Unconstitutional, Robert Miller
Equitable Mootness: Ignorance Is Bliss And Unconstitutional, Robert Miller
Kentucky Law Journal
No abstract provided.
Religious Exemptions, Harm To Others, And The Indeterminacy Of A Common Law Baseline, Elizabeth Sepper
Religious Exemptions, Harm To Others, And The Indeterminacy Of A Common Law Baseline, Elizabeth Sepper
Kentucky Law Journal
No abstract provided.
Putting The "Exercise" Back In Free Exercise, Eric J. Segall
Putting The "Exercise" Back In Free Exercise, Eric J. Segall
Kentucky Law Journal
No abstract provided.
Do Discretionary Religious Exemptions Violate The Establishment Clause?, Carl H. Esbeck
Do Discretionary Religious Exemptions Violate The Establishment Clause?, Carl H. Esbeck
Kentucky Law Journal
No abstract provided.
Religious Accommodations And Third-Party Harms: Constitutional Values And Limits, Kathleen A. Brady
Religious Accommodations And Third-Party Harms: Constitutional Values And Limits, Kathleen A. Brady
Kentucky Law Journal
No abstract provided.
Permissible Accommodation Or Impermissible Endorsement? A Proposed Approach To Religious Exemptions And The Establishment Clause, Gary J. Simson
Permissible Accommodation Or Impermissible Endorsement? A Proposed Approach To Religious Exemptions And The Establishment Clause, Gary J. Simson
Kentucky Law Journal
No abstract provided.
Decentralizing Fourth Amendment Search Doctrine, Michael J. Zydney Mannheimer
Decentralizing Fourth Amendment Search Doctrine, Michael J. Zydney Mannheimer
Kentucky Law Journal
No abstract provided.
Religious Liberty Versus Rights Of Others, Arnold H. Loewy
Religious Liberty Versus Rights Of Others, Arnold H. Loewy
Kentucky Law Journal
No abstract provided.
The Constitutionality Of Claiming Jail, Paul E. Salamanca
The Constitutionality Of Claiming Jail, Paul E. Salamanca
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
An Undetectable Constitutional Violation, Jill Wieber Lens
An Undetectable Constitutional Violation, Jill Wieber Lens
Kentucky Law Journal
In Philip Morris USA v. Williams, the Supreme Court mandated that lower courts implement procedural protections to ensure that the jury, when awarding punitive damages, properly considers evidence of the defendant's harming nonparties. The jury can consider that evidence when determining the level of the defendant's reprehensibility, but punishment for causing that nonparty harm would violate the defendant's constitutional rights. Ten years later, this Article is the first to examine lower courts' attempts to comply with Philip Morris. The Article first seeks to clarify how evidence of nonparty harm can demonstrate reprehensibility, a clarification necessary before courts can even begin …
Judgment Without Notice: The Unconstitutionality Of Constructive Notice Following Citizens United, Carliss N. Chatman
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 …
An Unconventional Approach To Reviewing The Judicially Unreviewable: Applying The Dormant Commerce Clause To Copyright, Donald P. Harris
An Unconventional Approach To Reviewing The Judicially Unreviewable: Applying The Dormant Commerce Clause To Copyright, Donald P. Harris
Kentucky Law Journal
No abstract provided.