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Full-Text Articles in Law

Is There An Elephant In The Room?: Judicial Review Of Educational Adequacy And The Separation Of Powers In State Constitutions, Scott R. Bauries Jan 2010

Is There An Elephant In The Room?: Judicial Review Of Educational Adequacy And The Separation Of Powers In State Constitutions, Scott R. Bauries

Law Faculty Scholarly Articles

Scholarship of education finance adequacy litigation has nearly universally acknowledged the thorny separation of powers problem that this form of litigation presents for state courts. This scholarship tacitly assumes a uniform approach to separation of powers among the states – one that defaults to the federal approach. Proposals for adjudicatory reforms purport either to respect separation of powers principles as we know them from federal case law or to reject the notion that such principles should have real operation in any state courts. However, this scholarship has not addressed, or even acknowledged, what would seem to be a very large …


A "Preposterous Anomaly": Sovereign Immunity In Kentucky Following The Crash Of Comair Flight 5191, Nathaniel R. Kissel Jan 2010

A "Preposterous Anomaly": Sovereign Immunity In Kentucky Following The Crash Of Comair Flight 5191, Nathaniel R. Kissel

Kentucky Law Journal

No abstract provided.


Loss Of Parental Consortium: Why Kentucky Should Re-Recognize The Claim Outside The Wrongful Death Context, Collin D. Schueler Jan 2010

Loss Of Parental Consortium: Why Kentucky Should Re-Recognize The Claim Outside The Wrongful Death Context, Collin D. Schueler

Kentucky Law Journal

No abstract provided.