Law Commons^™

Choice Programs And Market-Based Separationism, Paul E. Salamanca

Law Faculty Scholarly Articles

The Supreme Court's recent decision in Zelman v. Simmons-Harris appears to clear the way for a wide variety of educational and charitable choice plans. In this decision, the Court upheld against Establishment Cause Challenge a formally neutral school choice program that encompassed a wide variety of options in the public and private sector, including private sectarian schools. The Court reasoned that, when the government makes aid available to a broad class of recipients without regard to their religious or non-religious affiliation, and when the recipients have a genuine choice as to whether to obtain that aid from a religious or …

Unmasking The Presumption In Favor Of Preemption, Mary J. Davis

Law Faculty Scholarly Articles

It is inescapable: there is a presumption in favor of preemption. Historically, the Supreme Court has said differently-that, rather, there is a presumption against preemption. There is no such presumption any longer, if, indeed, there ever really was one. Preemption doctrine has been exceedingly puzzling in the last decade, but when one recognizes that the Court's doctrine not only favors preemption, but presumes it, preemption doctrine is not a puzzle at all.

This Article argues that the Supreme Court's recent preemption decisions compel the conclusion that the Court's preemption analysis has, in effect, created a presumption in favor of preemption, …

The Diversity And Remedial Interests In University Admissions Programs, Kathryne Raines

Kentucky Law Journal

No abstract provided.

Justice Scalia's Rhetoric Of Dissent: A Greco-Roman Analysis Of Scalia's Advocacy In The Vmi Case, Michael Frost

Kentucky Law Journal

No abstract provided.

Due Process And Kentucky's Non-Claim Statutes: A Call For Legislative Revision, Mark A. Noel

Kentucky Law Journal

No abstract provided.

When May A State Require Teaching Alternatives To The Theory Of Evolution? Intelligent Design As A Test Case, Stephen L. Marshall

Kentucky Law Journal

No abstract provided.