Law Commons^™

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 …

Procedural Due Process Implications Of Kentucky's Thoroughbred Medication Regulations, W. Chapman Hopkins

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

The Right Of Defendant-Owners Under Zero-Tolerance Anti-Doping Horse Racing Regulations As Explained In Pierce V. Texas Racing Commission, Donald Smith

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

A Parent's Rights Under The Fourteenth Amendment: Does Kentucky's De Facto Custodian Statute Violate Due Process?, Elizabeth Ashley Bruce

Kentucky Law Journal

No abstract provided.

Child Witness Policy: Law Interfacing With Social Science, Louise E. Graham, Dorothy F. Marsil, Jean Montoya, David Ross

Law Faculty Scholarly Articles

The number of children testifying in court has posed serious practical and legal problems for the judicial system. One problem confronting the courts is how to protect children from experiencing the psychological trauma resulting from a face-to-face confrontation with a defendant who may have physically harmed the child or threatened future harm to the child. Another concern is that this trauma may impair children's memory performance and their willingness to disclose the truth. In response to these concerns, child witness innovations proliferated throughout the United States in the 1980s and 1990s. Among the innovations were: placing a screen between child …

Fugitives And Forfeiture--Flouting The System Or Fundamental Right?, N. Brock Collins

Kentucky Law Journal

No abstract provided.

In Defense Of The Outrageous Government Conduct Defense In The Federal Courts, Dana M. Todd

Kentucky Law Journal

No abstract provided.

States' Right To Confine "Not Guilty By Reason Of Insanity" Acquittees After Foucha V. Louisiana, David S. Wisz

Kentucky Law Journal

No abstract provided.

Economic Substantive Due Process And The Right Of Livelihood, Wayne Mccormack

Kentucky Law Journal

No abstract provided.

State Marital Property Laws And Federally Created Benefits: A Conflict Of Laws Analysis, Louise Everett Graham

Law Faculty Scholarly Articles

The laws of individual states have historically controlled familial relationships and the rights and responsibilities derived from them. The injection of federal rights into the domestic relations area has generally been confined to resolution of claims that the application of particular state laws violated either due process or equal protection rights of particular persons. In a limited number of cases concerning marital property, however, one party has relied upon a federal law creating a benefit or right that conflicts with the state-created rule apportioning marital property or establishing a support obligation. Such a conflict of laws problem arose in McCarty …

Determinate Sentencing: The Promises And Perils Of Sentence Guidelines, David Crump

Kentucky Law Journal

No abstract provided.

Kentucky Law Survey: Education: Teachers’ Rights, Keith Graham Hanley, Robert G. Schwemm

Law Faculty Scholarly Articles

Tenure occupies an important place in the mind of any new teacher. During the past survey year, the Kentucky courts have demonstrated that this status is not only important to teachers generally; it is essential to continued job security. The aegis of tenure provides not only the substance of teachers’ rights but also the procedure used to protect those rights.

Discharged teachers have alleged violations of the 14th amendment of the U.S. Constitution in both its equal protection and due process aspects and violations of the Kentucky constitution. However, in each instance the courts have summarily dismissed these claims, preferring …

Kentucky V. Whorton And The Presumption-Of-Innocence Instruction: An Imprecise Formula For Appellate Review, Anne Abbott Trumpf

Kentucky Law Journal

No abstract provided.

The Identification Of Incompetent Defendants: Separating Those Unfit For Adversary Combat From Those Who Are Fit, Claudine Walker Ausness

Kentucky Law Journal

No abstract provided.

Due Process And The Parole Release Decision, Donna Chu

Kentucky Law Journal

No abstract provided.

Procedural Due Process And The Section 8 Leased Housing Program, James M. Klein, John E. Schrider Jr.

Kentucky Law Journal

No abstract provided.

Procedures For Termination Of Utility Service: The Requirements Of Due Process, Dale W. Bruckner

Kentucky Law Journal

No abstract provided.

New Approaches To The Civil Disabilities Of Ex-Offenders, Walter W. May, Larry F. Sword

Kentucky Law Journal

No abstract provided.

The New Due Process: Rights And Remedies, Doug Rendleman

Kentucky Law Journal

No abstract provided.

Kentucky Law Survey: Commercial Law, Harold R. Weinberg

Law Faculty Scholarly Articles

This article provides a survey of Kentucky legal developments in the area of commercial law. The focus of this survey is whether a creditor’s statutory prejudgment remedies, which involve an application of state authority, are constitutional under the due process clause of the fourteenth amendment.

Kentucky Law Survey: Education, Carolyn S. Bratt

Law Faculty Scholarly Articles

This article provides a survey of Kentucky case law on the topic of education. During the past survey year, the Kentucky Court of Appeals decided several cases in which public education was the common denominator. Developments occurred in the areas of student discipline, merger of first class city-county school districts, and due process requirements for removal of tenured teachers. The most significant case, however, was Dorr v. Fitzer, which involved the authority of a county board of education to reject, without cause, a school superintendent's recommendation that a teacher with four consecutive limited service contracts be granted a continuing …

Fuentes V. Shevin: The Application Of Constitutional Due Process To The Garageman's Lien In Kentucky, Roger L. Crittenden

Kentucky Law Journal

No abstract provided.

Relief For The Civilly Committed: A Constitutional Right To Treatment, Gary L. Stage

Kentucky Law Journal

No abstract provided.

Public School Teachers And The Limits Of Due Process Protection, Mark Moseley

Kentucky Law Journal

No abstract provided.

The Effect Of Due Process On Criminal Defense Discovery, Barry Nakell

Kentucky Law Journal

No abstract provided.

Criminal Law--Abortion--Man, Being Without A Legal Beginning, William T. Robinson Iii

Kentucky Law Journal

No abstract provided.

What Constitutes Prejudicial Publicity In Pending Cases, James R. Richardson

Kentucky Law Journal

No abstract provided.

Due Process And The Tax Court, Daniel L. Ginsberg, Steven M. Stein

Kentucky Law Journal

No abstract provided.

The Writ Of Error Coram Nobis--Kentucky's Answer To The Expanding Federal Concept Of Procedural Due Process In Criminal Cases, John W. Sublett

Kentucky Law Journal

No abstract provided.

Pecuniary Interest Of A Justice Of The Peace In Final Trial Of A Misdemeanor In Kentucky--Violation Of The Due Process Clause Of The Fourteenth Amendment, Frank K. Warnock

Kentucky Law Journal

No abstract provided.