Law Commons^™

"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.

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

Journal of Natural Resources & Environmental Law

No abstract provided.

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

Journal of Natural Resources & Environmental Law

No abstract provided.

"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

Journal of Natural Resources & Environmental Law

No abstract provided.

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

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

Journal of Natural Resources & Environmental Law

No abstract provided.

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.

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

Journal of Natural Resources & Environmental Law

No abstract provided.

The Constitutionality Of The Black Lung Interim Presumption, Stella B. House

Journal of Natural Resources & Environmental Law

No abstract provided.

Divorce, Domicile, And The Constitution, Mark Strasser

Kentucky Law Journal

No abstract provided.

Religious Exemptions, Third-Party Harms, And The False Analogy To Church Taxes, Christopher C. Lund

Kentucky Law Journal

No abstract provided.

Third-Party Burdens And Conscientious Objection To War, William P. Marshall

Kentucky Law Journal

No abstract provided.

Do Discretionary Religious Exemptions Violate The Establishment Clause?, Carl H. Esbeck

Kentucky Law Journal

No abstract provided.

Permissible Accommodation Or Impermissible Endorsement? A Proposed Approach To Religious Exemptions And The Establishment Clause, Gary J. Simson

Kentucky Law Journal

No abstract provided.

Putting The "Exercise" Back In Free Exercise, Eric J. Segall

Kentucky Law Journal

No abstract provided.

Religious Liberty Versus Rights Of Others, Arnold H. Loewy

Kentucky Law Journal

No abstract provided.

Religious Exemptions, Harm To Others, And The Indeterminacy Of A Common Law Baseline, Elizabeth Sepper

Kentucky Law Journal

No abstract provided.

Religious Accommodations And Third-Party Harms: Constitutional Values And Limits, Kathleen A. Brady

Kentucky Law Journal

No abstract provided.

The Costs Of Conscience, Micah Schwartzman, Nelson Tebbe, Richard Schragger

Kentucky Law Journal

No abstract provided.

Decentralizing Fourth Amendment Search Doctrine, Michael J. Zydney Mannheimer

Kentucky Law Journal

No abstract provided.

Equitable Mootness: Ignorance Is Bliss And Unconstitutional, Robert Miller

Kentucky Law Journal

No abstract provided.

The Constitutionality Of Claiming Jail, Paul E. Salamanca

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

An Undetectable Constitutional Violation, Jill Wieber Lens

Kentucky Law Journal

In Philip Morris USA v. Williams, the Supreme Court mandated that lower courts implement procedural protections to ensure that the jury, when awarding punitive damages, properly considers evidence of the defendant's harming nonparties. The jury can consider that evidence when determining the level of the defendant's reprehensibility, but punishment for causing that nonparty harm would violate the defendant's constitutional rights. Ten years later, this Article is the first to examine lower courts' attempts to comply with Philip Morris. The Article first seeks to clarify how evidence of nonparty harm can demonstrate reprehensibility, a clarification necessary before courts can even begin …

An Unconventional Approach To Reviewing The Judicially Unreviewable: Applying The Dormant Commerce Clause To Copyright, Donald P. Harris

Kentucky Law Journal

No abstract provided.

Governmental Acquiescence In Private Party Searches: The State Action Inquiry And Lessons From The Federal Circuits, Eugene L. Shapiro

Kentucky Law Journal

In an area characterized by a significant potential for governmental abuse, judicial examination of whether governmental acquiescence in a specific private party search constitutes state action, consequently subject to Fourth Amendment constraints, has often lacked appropriate focus and depth. An examination of the standards used among the federal circuits reveals prevalent approaches which identify the circumstances bearing upon the matter, but which address them under "multi-factored" totality of the circumstances standards. The result has too often been a lack of specificity in discussing the issues and a failure to provide needed clarity for law enforcement.

This article examines the analyses …