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Articles 1 - 30 of 453
Full-Text Articles in Law
Interbranch Equity, Jonathan Shaub
Interbranch Equity, Jonathan Shaub
Law Faculty Scholarly Articles
In recent years, Congress has increasingly turned to the courts to challenge executive actions. In these suits, the executive branch has strenuously pressed several distinct doctrinal arguments that interbranch cases are nonjusticiable and must be dismissed. These arguments, though expressed in the relevant language of each individual justiciability doctrine, are all centered on a single fundamental point—the judiciary should not be involved in refereeing a dispute that is solely between the legislative and executive branches. The briefs and judicial opinions explicitly identify a coherent category of cases—interbranch cases. But these cases are treated haphazardly as a matter of doctrine. Within …
The Costs Of The Punishment Clause, Cortney E. Lollar
The Costs Of The Punishment Clause, Cortney E. Lollar
Law Faculty Scholarly Articles
Criminal punishment pursuant to a facially valid conviction in a court of law is an uncontested exception to the Thirteenth Amendment’s prohibition on slavery and involuntary servitude. After all, the Constitutional text reads, “Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States.” And yet, beginning almost immediately after the Thirteenth Amendment was adopted, states regularly employed criminal statutes to limit the movement and behaviors of those previously enslaved and subject them to slavery-type labor camps in conditions that closely mirrored slavery. Because neither the …
State Constitutions And Youth Voting Rights, Joshua A. Douglas
State Constitutions And Youth Voting Rights, Joshua A. Douglas
Law Faculty Scholarly Articles
Young voters suffer the lowest turnout rates in American elections. One study shows that younger voters face numerous barriers when attempting to cast a ballot, such as work responsibilities, not receiving an absentee ballot in time, inability to find or access their polling place, voter ID problems, or other issues. Many state election laws are a labyrinth of rules and regulations that make it more difficult to vote, especially for younger people. As one report notes, “many young voters are new voters who need to register for the first time and who may be unfamiliar with the process. Young people …
The Mixed Legacy Of The January 6 Investigation For Executive Privilege And Congressional Oversight, Jonathan Shaub
The Mixed Legacy Of The January 6 Investigation For Executive Privilege And Congressional Oversight, Jonathan Shaub
Law Faculty Scholarly Articles
The attack on the Capitol on January 6 was an unprecedented event in U.S. history. Across a wide swath of constitutional law, January 6 will have significant implications and consequences, most of which are likely not yet known. That is particularly true of constitutional doctrines governing congressional oversight and executive privilege. The select committee established by the House of Representatives to investigate the events on and leading up to January 6 has undertaken a monumental task of investigating, collecting, and reporting the facts surrounding the attack, and the January 6 committee has doggedly pursued an exhaustive investigation in furtherance of …
"Reasonable Expectations," Takings Law Analysis And Administrative Decisions In Light Of Rith V. United States, C. Phillip Wheeler Jr.
"Reasonable Expectations," Takings Law Analysis And Administrative Decisions In Light Of Rith V. United States, C. Phillip Wheeler Jr.
Journal of Natural Resources & Environmental Law
No abstract provided.
Special Solicitude: Religious Freedom At America’S Public Universities, William E. Thro
Special Solicitude: Religious Freedom At America’S Public Universities, William E. Thro
Office of Legal Counsel Academic Publications
Rejecting the Obama Administration’s argument that the First Amendment requires identical treatment for religious organizations and secular organizations, the Supreme Court held such a “result is hard to square with the text of the First Amendment itself, which gives special solicitude to the rights of religious organizations.” (Hosanna-Tabor, 565 U.S. at 189). This “special solicitude” guarantees religious freedom from the government in all aspects of society, but particularly on public university campuses. At a minimum, religious expression and religious organizations must have equal rights with secular expression and secular organizations. In some instances, religious expression and religious expression …
Defanging Environmental Law: Extracting Citizen Suit Provisions Under Seminole Tribe V. Florida, Jefferson D. Reynolds
Defanging Environmental Law: Extracting Citizen Suit Provisions Under Seminole Tribe V. Florida, Jefferson D. Reynolds
Journal of Natural Resources & Environmental Law
No abstract provided.
Regulatory Takings: When Is Enough, Enough?, Jacqueline Kerry Heyman
Regulatory Takings: When Is Enough, Enough?, Jacqueline Kerry Heyman
Journal of Natural Resources & Environmental Law
No abstract provided.
Searches By Environmental Protection Agencies: When Is A Warrant Necessary?, David Sparks
Searches By Environmental Protection Agencies: When Is A Warrant Necessary?, David Sparks
Journal of Natural Resources & Environmental Law
No abstract provided.
Anilca Under Attack: Will The Right To Travel Wreak Havoc With Subsistence Rights?, Kathy A. Gudgell
Anilca Under Attack: Will The Right To Travel Wreak Havoc With Subsistence Rights?, Kathy A. Gudgell
Journal of Natural Resources & Environmental Law
No abstract provided.
"Taking" A Walk On A Winter's Night, James E. Brookshire
"Taking" A Walk On A Winter's Night, James E. Brookshire
Journal of Natural Resources & Environmental Law
No abstract provided.
Lucas V. South Carolina Coastal Council: The Remaking Of Takings Law And The Re-Emergence Of Lochner, Jerry Mitchell
Lucas V. South Carolina Coastal Council: The Remaking Of Takings Law And The Re-Emergence Of Lochner, Jerry Mitchell
Journal of Natural Resources & Environmental Law
No abstract provided.
Surface Use And Damages Statutes: "Cloud"Ed Constitutionality, Stacey L. Graus
Surface Use And Damages Statutes: "Cloud"Ed Constitutionality, Stacey L. Graus
Journal of Natural Resources & Environmental Law
No abstract provided.
Of Pigs And Parlors: Regulatory Takings In The Coalfields, Patrick C. Mcginley
Of Pigs And Parlors: Regulatory Takings In The Coalfields, Patrick C. Mcginley
Journal of Natural Resources & Environmental Law
No abstract provided.
Acid Mine Drainage--A Review Of The Barnes & Tucker Case--Is The Requirement To Treat A "Taking" Under The Fifth Or Fourteenth Amendment?, Linda M. Stowers
Acid Mine Drainage--A Review Of The Barnes & Tucker Case--Is The Requirement To Treat A "Taking" Under The Fifth Or Fourteenth Amendment?, Linda M. Stowers
Journal of Natural Resources & Environmental Law
No abstract provided.
Constitutional Validity Of The Kentucky Unmined Coal Tax: Gillis V. Yount, Robin L. Fields
Constitutional Validity Of The Kentucky Unmined Coal Tax: Gillis V. Yount, Robin L. Fields
Journal of Natural Resources & Environmental Law
No abstract provided.
Federal Constitutional Limitations On The Regulation Of Coal Mining Activities, Cyril A. Fox Jr.
Federal Constitutional Limitations On The Regulation Of Coal Mining Activities, Cyril A. Fox Jr.
Journal of Natural Resources & Environmental Law
No abstract provided.
Limiting Attorney's Fees In Black Lung Benefits Cases: A Violation Of Procedural Due Process?, Earl F. Martin Iii
Limiting Attorney's Fees In Black Lung Benefits Cases: A Violation Of Procedural Due Process?, Earl F. Martin Iii
Journal of Natural Resources & Environmental Law
No abstract provided.
The Constitutionality Of The Black Lung Interim Presumption, Stella B. House
The Constitutionality Of The Black Lung Interim Presumption, Stella B. House
Journal of Natural Resources & Environmental Law
No abstract provided.
The Executive's Privilege, Jonathan David Shaub
The Executive's Privilege, Jonathan David Shaub
Law Faculty Scholarly Articles
Both the executive branch and Congress claim the final word in oversight disputes. Congress asserts its subpoenas are legal binding. The executive branch claims the final authority to assert executive privilege and, accordingly, to refuse to comply with a subpoena without consequence. These divergent views stem in large part from the relative absence of any judicial precedent, including not a single Supreme Court decision on the privilege in context of congressional oversight. In that vacuum - unconstrained by precedent - the executive branch has developed a comprehensive theory of executive privilege to support and implement prophylactic doctrines that render Congress …
Professor Williams And The Education Debates In State Constitutional Law, Scott R. Bauries
Professor Williams And The Education Debates In State Constitutional Law, Scott R. Bauries
Law Faculty Scholarly Articles
Professor Robert "Bob" Williams, whom The Honorable Jeffrey Sutton once aptly referred to as the "Dean of State Constitutional Law," has announced a well-earned retirement, leaving the world of state constitutional law teaching and scholarship without its most prominent and influential intellectual voice. Although it is clear based on mere citations to Professor William's work that he has influenced nearly every debate - and every scholar - in state constitutional law, this Essay contribution to the Festschrift in Professor William's honor outlines two strands of Professor William's work that have greatly influenced my own work.
Essays On Institutions And Development, Andrew Jonelis
Essays On Institutions And Development, Andrew Jonelis
Theses and Dissertations--Economics
The essays in this dissertation examine how political institutions affect economic development. In the first essay, I examine how executive control of the legislature shapes the time horizon of governing politicians and its effect on economic growth. The second essay examines how border changes over the past two centuries have provided different areas within modern countries with different institutional histories and how this affects the geographic concentration of economic activity. For the final essay, I examine whether elections have an effect on macroeconomic volatility when controlling for the democratic nature of the regime.
Divorce, Domicile, And The Constitution, Mark Strasser
Divorce, Domicile, And The Constitution, Mark Strasser
Kentucky Law Journal
No abstract provided.
The Effect Of State-Level Constitutional Debt Limitations On The Costs Of Capital, Micah Johnson
The Effect Of State-Level Constitutional Debt Limitations On The Costs Of Capital, Micah Johnson
MPA/MPP/MPFM Capstone Projects
Forty-five states have adopted some form of constitutional limitation on their own legislature’s ability to issue debt and raise capital. Eleven states have more than one such limitation. It seems intuitive to assume that constitutional strictures on a state’s ability to manage its fiscal policy would affect that state’s standing in the market, and it seems equally safe to assume that different combinations of the various forms of debt limitation would lead to varying effects in the market from state to state. However, the specific effects arising from the various constitutional provisions have proven to be difficult to measure. This …
Neoformalist Constitutional Construction And Public Employee Speech, Scott R. Bauries
Neoformalist Constitutional Construction And Public Employee Speech, Scott R. Bauries
Law Faculty Scholarly Articles
This Article examines, evaluates, and prescribes improvements to a familiar form of constitutional construction favored by neoformalists—the preference for rules over standards. Constitutional law development can be understood as being composed of two judicial tasks—interpretation and construction. Judicial interpretation of the Constitution involves determining the semantic meaning of the words contained in the document. Once that semantic meaning is determined, the interpreted meaning must be constructed into legal doctrine for application in court. Sometimes, that construction involves the articulation of the legal doctrines based on the interpreted constitutional text that will govern a particular case and those similar to it. …
Readings In Parallel Judiciaries, Paul E. Salamanca
Readings In Parallel Judiciaries, Paul E. Salamanca
Law Faculty Books and Chapters
No abstract provided.
Religious Exemptions, Third-Party Harms, And The False Analogy To Church Taxes, Christopher C. Lund
Religious Exemptions, Third-Party Harms, And The False Analogy To Church Taxes, Christopher C. Lund
Kentucky Law Journal
No abstract provided.
The Costs Of Conscience, Micah Schwartzman, Nelson Tebbe, Richard Schragger
The Costs Of Conscience, Micah Schwartzman, Nelson Tebbe, Richard Schragger
Kentucky Law Journal
No abstract provided.
Equitable Mootness: Ignorance Is Bliss And Unconstitutional, Robert Miller
Equitable Mootness: Ignorance Is Bliss And Unconstitutional, Robert Miller
Kentucky Law Journal
No abstract provided.
Religious Exemptions, Harm To Others, And The Indeterminacy Of A Common Law Baseline, Elizabeth Sepper
Religious Exemptions, Harm To Others, And The Indeterminacy Of A Common Law Baseline, Elizabeth Sepper
Kentucky Law Journal
No abstract provided.