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Articles 1 - 4 of 4
Full-Text Articles in Courts
Religion, Politics, Race, And Ethnicity: The Range And Limits Of Voir Dire, Barry P. Goode
Religion, Politics, Race, And Ethnicity: The Range And Limits Of Voir Dire, Barry P. Goode
Kentucky Law Journal
No abstract provided.
Resorting To External Norms And Principles In Constitutional Decision-Making, Alvin L. Goldman
Resorting To External Norms And Principles In Constitutional Decision-Making, Alvin L. Goldman
Law Faculty Scholarly Articles
Given the very significant role of constitutional law in the American political system and the fact that Supreme Court Justices are appointed through a political process, it is understandable that the appropriate judicial approach to resolving constitutional issues often is the subject of political commentary. Unfortunately, discourse by politicians concerning this issue seldom rises to the deserved level of wisdom. One of President George W. Bush's public mantras is illustrative of political commentary respecting federal judicial appointments: "I'm going to put strict constructionists on the bench." On its face, and as understood by politically naive audiences, the statement appears to …
The Constitutionality Of An Executive Spending Plan, Paul E. Salamanca
The Constitutionality Of An Executive Spending Plan, Paul E. Salamanca
Law Faculty Scholarly Articles
Operation of government in the absence of appropriations has become relatively common in the United States, particularly when projected expenses exceed projected revenue, making adoption of a budget a difficult task for the legislature. This Article focuses on the budget crisis in the Commonwealth of Kentucky from 2002 through 2003. In Part I, this Article recapitulates the history of the spending plan, including the action filed in Franklin Circuit Court to affirm its constitutionality. In Part II, this Article discusses certain theoretical, historical, and legal principles that inform analysis of the plan. In Part III, it considers certain deviations and …
"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 …