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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 Jan 1991

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 Jan 1991

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. Jan 1991

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 Jan 1991

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 Jan 1991

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 Jan 1991

"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 …