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Articles 1 - 6 of 6
Full-Text Articles in Law
Double Jeopardy Analysis Comes Home: The "Same Conduct" Standard In Grady V. Corbin, James M. Herrick
Double Jeopardy Analysis Comes Home: The "Same Conduct" Standard In Grady V. Corbin, James M. Herrick
Kentucky Law Journal
No abstract provided.
Granfinanciera, Northern Pipeline, And "Public Rights": May A Bankruptcy Judge Preside Over A Jury Trial?, Mitchell Hall
Granfinanciera, Northern Pipeline, And "Public Rights": May A Bankruptcy Judge Preside Over A Jury Trial?, Mitchell Hall
Kentucky Law Journal
No abstract provided.
Employment Division V. Smith: Overlooking The Middle Ground In Free Exercise Analysis, William L. Montague Jr.
Employment Division V. Smith: Overlooking The Middle Ground In Free Exercise Analysis, William L. Montague Jr.
Kentucky Law Journal
No abstract provided.
White On White: Anonymous Tips, Reasonable Suspicion, And The Constitution, David S. Rudstein
White On White: Anonymous Tips, Reasonable Suspicion, And The Constitution, David S. Rudstein
Kentucky Law Journal
No abstract provided.
Anticipatory Search Warrants: Constitutionality, Requirements, And Scope, James A. Adams
Anticipatory Search Warrants: Constitutionality, Requirements, And Scope, James A. Adams
Kentucky Law Journal
No abstract provided.
"I Vote This Way Because I'M Wrong": The Supreme Court Justice As Epimenides, John M. Rogers
"I Vote This Way Because I'M Wrong": The Supreme Court Justice As Epimenides, John M. Rogers
Law Faculty Scholarly Articles
Possibly the most unsettling phenomenon in the Supreme Court's 1988 term was Justice White's decision to vote contrary to his own exhaustively stated reasoning in Pennsylvania v. Union Gas Co. His unexplained decision to vote against the result of his own analysis lends support to those who argue that law, or at least constitutional law, is fundamentally indeterminate. Proponents of the indeterminacy argument sometimes base their position on the allegedly inescapable inconsistency of decisions made by a multi-member court. There is an answer to the inconsistency argument, but it founders if justices sometimes vote, without explanation, on the basis of …