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Articles 1 - 7 of 7
Full-Text Articles in Law
A Common Law Constitutionalism For The Right To Education, Scott R. Bauries
A Common Law Constitutionalism For The Right To Education, Scott R. Bauries
Law Faculty Scholarly Articles
This Article makes two claims, one descriptive and the other normative. The descriptive claim is that individual rights to education have not been realized under state constitutions because the currently dominant structure of education reform litigation prevents such realization. In state constitutional education clause claims, both pleadings and adjudication generally focus on the equality or adequacy of the system as a whole, rather than on any particular student's educational resources or attainment. The Article traces the roots of the currently dominant systemic approach, and finds these roots in federal institutional reform litigation. This systemic focus leads to a systemic, rather …
How An Environmental Commerce Clause Challenge Presaged The Decision Of Chief Justice Roberts In Nfib V. Sebelius, M. Reed Hopper
How An Environmental Commerce Clause Challenge Presaged The Decision Of Chief Justice Roberts In Nfib V. Sebelius, M. Reed Hopper
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
Bringing In The Sheaves: Home Grown Wheat, Weed, And Limits On The Commerce Clause, M. Reed Hopper
Bringing In The Sheaves: Home Grown Wheat, Weed, And Limits On The Commerce Clause, M. Reed Hopper
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
The Right To Vote Under State Constitutions, Joshua A. Douglas
The Right To Vote Under State Constitutions, Joshua A. Douglas
Law Faculty Scholarly Articles
This Article provides the first comprehensive look at state constitutional provisions explicitly granting the right to vote. We hear that the right to vote is "fundamental," the "essence of a democratic society," and "preservative of all rights." But courts and scholars are still searching for a solution to the puzzle of how best to protect voting rights, especially because the U.S. Supreme Court has underenforced the right to vote. The answer, however, is right in front of us: state constitutions. Virtually every state constitution includes direct, explicit language granting the right to vote, as contrasted with the U.S. Constitution, which …
The Dormant Commerce Clause, The Twenty-First Amendment, And A Freer Wine Market: Why Kentucky Must Wine-Down Its Protectionist Laws Restricting The Direct Shipment Of Wine From Out-Of-State Wineries, Aubrey K. Vaughan
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
"Hobby-Lobby"-Ing For Religious Freedom: Crafting The Religious Employer Exemption To The Ppaca, Emily Pitt Mattingly
"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
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.