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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 …
Child Witness Policy: Law Interfacing With Social Science, Louise E. Graham, Dorothy F. Marsil, Jean Montoya, David Ross
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 …
Economic Substantive Due Process And The Right Of Livelihood, Wayne Mccormack
Economic Substantive Due Process And The Right Of Livelihood, Wayne Mccormack
Kentucky Law Journal
No abstract provided.
Kentucky V. Whorton And The Presumption-Of-Innocence Instruction: An Imprecise Formula For Appellate Review, Anne Abbott Trumpf
Kentucky V. Whorton And The Presumption-Of-Innocence Instruction: An Imprecise Formula For Appellate Review, Anne Abbott Trumpf
Kentucky Law Journal
No abstract provided.
Due Process And The Parole Release Decision, Donna Chu
Due Process And The Parole Release Decision, Donna Chu
Kentucky Law Journal
No abstract provided.
The New Due Process: Rights And Remedies, Doug Rendleman
The New Due Process: Rights And Remedies, Doug Rendleman
Kentucky Law Journal
No abstract provided.
Procedures For Termination Of Utility Service: The Requirements Of Due Process, Dale W. Bruckner
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
New Approaches To The Civil Disabilities Of Ex-Offenders, Walter W. May, Larry F. Sword
Kentucky Law Journal
No abstract provided.
Fuentes V. Shevin: The Application Of Constitutional Due Process To The Garageman's Lien In Kentucky, Roger L. Crittenden
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
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
Public School Teachers And The Limits Of Due Process Protection, Mark Moseley
Kentucky Law Journal
No abstract provided.
Criminal Law--Abortion--Man, Being Without A Legal Beginning, William T. Robinson Iii
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
What Constitutes Prejudicial Publicity In Pending Cases, James R. Richardson
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
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.
Non-Natural Persons And The Guarantee Of "Liberty" Under The Due Process Clause, D. J. Farage
Non-Natural Persons And The Guarantee Of "Liberty" Under The Due Process Clause, D. J. Farage
Kentucky Law Journal
No abstract provided.
Writ Of Habeas Corpus Where Person Is Confined In Asylum Without Verdict By A Jury, Richard C. Stoll
Writ Of Habeas Corpus Where Person Is Confined In Asylum Without Verdict By A Jury, Richard C. Stoll
Kentucky Law Journal
No abstract provided.
The New Judicial Approach To Due Process And Price Fixing, Maurice H. Merrill
The New Judicial Approach To Due Process And Price Fixing, Maurice H. Merrill
Kentucky Law Journal
No abstract provided.