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Articles 1 - 8 of 8
Full-Text Articles in Law
A Benign Prior Restraint Rule For Public School Classroom Speech, Scott R. Bauries
A Benign Prior Restraint Rule For Public School Classroom Speech, Scott R. Bauries
Law Faculty Scholarly Articles
This Article is a contribution to a symposium on schools and free speech. It advances the claim that the First Amendment doctrines that apply to the classroom should adopt a benign prior restraint rule. In the case of teacher classroom speech, the Garcetti rule should apply where the government’s action in interfering with the speech constitutes a prior restraint—the First Amendment should not reach such interference. In cases where a teacher first speaks and then is later punished for that speech, however, basic notions of due process and the dangers of arbitrary governmental decision making are far more pressing, and …
Eldred & The New Rationality, Brian L. Frye
Eldred & The New Rationality, Brian L. Frye
Law Faculty Scholarly Articles
Historically, the rational basis test has been a constitutional rubber stamp. In Eldred v. Ashcroft and Golan v. Holder, the Supreme Court applied the rational basis test and respectively held that Congress could extend the copyright term of existing works and restore copyright protection of public domain works, despite evidence that Congress intended to benefit copyright owners at the expense of the public. But in Lawrence v. Texas and United States v. Windsor, the Supreme Court seems to have applied the rational basis test and held that state and federal laws were unconstitutional because they were motivated by …
Once We're Done Honeymooning: Obergefell V. Hodges, Incrementalism, And Advances For Sexual Orientation Anti-Discrimination, Jeremiah A. Ho
Once We're Done Honeymooning: Obergefell V. Hodges, Incrementalism, And Advances For Sexual Orientation Anti-Discrimination, Jeremiah A. Ho
Kentucky Law Journal
Undoubtedly, the Supreme Court's marriage equality decision in Obergefell v. Hodges is the watershed civil rights decision of our time. Since United States v. Windsor, each recent victory for same-sex couples in the federal courts evidenced that the legal recognition of same-sex marriages in the United States was becoming increasingly secure. Meanwhile, momentum was growing for the visibility of sexual minorities nationally. Yet, is marriage equality the last stop in the pro-LGBTQmovement, or should we expect sexual minorities to advance in other legal arenas? Should we expect that the recent strides in marriage equality from Windsor to Obergefell can …
Horne V. Usda: The Takings Clause, The Commerce Clause, And The "World's Most Outdated Law", Thomas E. Travis
Horne V. Usda: The Takings Clause, The Commerce Clause, And The "World's Most Outdated Law", Thomas E. Travis
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
A Survey Of Constitutional Standing In State Courts, Wyatt Sassman
A Survey Of Constitutional Standing In State Courts, Wyatt Sassman
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
Life, Liberty, And The Pursuit Of Hunting & Fishing: The Implications Of Kentucky's "Right To Hunt" Constitutional Amendment, Young-Eun Park
Life, Liberty, And The Pursuit Of Hunting & Fishing: The Implications Of Kentucky's "Right To Hunt" Constitutional Amendment, Young-Eun Park
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
The Depth Of Endurance: A Critical Look At Prolonged Solitary Confinement In Light Of The Constitution And A Call To Reform, Shannon H. Church
The Depth Of Endurance: A Critical Look At Prolonged Solitary Confinement In Light Of The Constitution And A Call To Reform, Shannon H. Church
Kentucky Law Journal
No abstract provided.
A Uniform Test Isn't Here Right Now, But Please Leave A Message: How Altering The Spence Symbolic Speech Test Can Better Meet The Needs Of An Expressive Society, Caitlin Housley
Kentucky Law Journal
No abstract provided.