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Full-Text Articles in Law

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 Mar 2021

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.


The Law Comes To Campus: The Evolution And Current Role Of The Office Of The General Counsel On College And University Campuses, Jason A. Block Jan 2014

The Law Comes To Campus: The Evolution And Current Role Of The Office Of The General Counsel On College And University Campuses, Jason A. Block

Theses and Dissertations--Educational Policy Studies and Evaluation

Much has been written in the literature of higher education on the history and current role of presidents, provosts, and deans. However, higher education scholars have, for the most part ignored the role of institutional in-house attorneys on college and university campuses. Those who have written on the subject of institutional counsel have proffered the idea that in-house general counsel offices were established as a result of the increased regulation of higher education by state and federal governments, and litigation resulting from the faculty and student rights movements of the 1960s and 1970s. This project seeks to provide a detailed …


Time Out Of Mind: Our Collective Amnesia About The History Of The Privileges Or Immunities Clause, Michael P. O'Connor Jan 2005

Time Out Of Mind: Our Collective Amnesia About The History Of The Privileges Or Immunities Clause, Michael P. O'Connor

Kentucky Law Journal

No abstract provided.


A Parent's Rights Under The Fourteenth Amendment: Does Kentucky's De Facto Custodian Statute Violate Due Process?, Elizabeth Ashley Bruce Jan 2003

A Parent's Rights Under The Fourteenth Amendment: Does Kentucky's De Facto Custodian Statute Violate Due Process?, Elizabeth Ashley Bruce

Kentucky Law Journal

No abstract provided.


Race Conscious Affirmative Action By Tax Exempt 501(C)(3) Corporations After Grutter And Gratz, David A. Brennen Jan 2003

Race Conscious Affirmative Action By Tax Exempt 501(C)(3) Corporations After Grutter And Gratz, David A. Brennen

Law Faculty Scholarly Articles

The Equal Protection Clause of the Fourteenth Amendment generally acts as a legal limit on the permissible bounds of government action. Accordingly, public universities and other government entities are constitutionally prohibited from engaging in acts that violate equal protection of the laws. The Supreme Court recently reinforced this point when it ruled, in two related cases, that public universities may consider the race of applicants when making admissions decisions, so long as an applicant's race does not amount to a deciding factor when granting admission. By its very terms, the constitutional limitation imposed by the Equal Protection Clause only directly …


The Diversity And Remedial Interests In University Admissions Programs, Kathryne Raines Jan 2002

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

Kentucky Law Journal

No abstract provided.


Re-Readings And Misreadings: Slaughter-House, Privileges Or Immunities, And Section Five Enforcement Powers, James W. Fox Jr. Jan 2002

Re-Readings And Misreadings: Slaughter-House, Privileges Or Immunities, And Section Five Enforcement Powers, James W. Fox Jr.

Kentucky Law Journal

No abstract provided.


Due Process And Kentucky's Non-Claim Statutes: A Call For Legislative Revision, Mark A. Noel Jan 2002

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

Kentucky Law Journal

No abstract provided.


Equal Protection, Rational Basis Review, And The Impact Of Cleburne Living Center, Inc., Richard B. Saphire Jan 2000

Equal Protection, Rational Basis Review, And The Impact Of Cleburne Living Center, Inc., Richard B. Saphire

Kentucky Law Journal

No abstract provided.


Angry White Males: The Equal Protection Clause And "Classes Of One", Timothy Zick Jan 2000

Angry White Males: The Equal Protection Clause And "Classes Of One", Timothy Zick

Kentucky Law Journal

No abstract provided.


At Loggerheads: The Supreme Court And Racial Equality In Public School Education After Missouri V. Jenkins, Roberta M. Harding Apr 1996

At Loggerheads: The Supreme Court And Racial Equality In Public School Education After Missouri V. Jenkins, Roberta M. Harding

Law Faculty Scholarly Articles

June 12th of 1995 marked a somber occasion in the annals of school desegregation litigation. On that day, the United States Supreme Court sent disturbing messages in its opinion in Missouri v. Jenkins. The Court's decision hinders achievement of the objective of school desegregation litigation—providing equal educational opportunities for African-American public school children—and detrimentally impacts other substantive areas of civil rights litigation. This article examines what I believe are several important general consequences of Jenkins's the impairment of a trial judge's discretionary equitable remedial powers; the Court's establishment of a new agenda that sacrifices the interests of African-American …


Kentucky V. Whorton And The Presumption-Of-Innocence Instruction: An Imprecise Formula For Appellate Review, Anne Abbott Trumpf Jan 1979

Kentucky V. Whorton And The Presumption-Of-Innocence Instruction: An Imprecise Formula For Appellate Review, Anne Abbott Trumpf

Kentucky Law Journal

No abstract provided.


Brief For Appellees, Juidice V. Vail, Jane Bloom Grisé, John D. Gorman Sep 1976

Brief For Appellees, Juidice V. Vail, Jane Bloom Grisé, John D. Gorman

Law Faculty Advocacy

No abstract provided.


The New Due Process: Rights And Remedies, Doug Rendleman Jan 1975

The New Due Process: Rights And Remedies, Doug Rendleman

Kentucky Law Journal

No abstract provided.


New Approaches To The Civil Disabilities Of Ex-Offenders, Walter W. May, Larry F. Sword Jan 1975

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 Jan 1974

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.


Long Overdue-Process: California And The Lay Judge, Katherine R. Lewis Jan 1974

Long Overdue-Process: California And The Lay Judge, Katherine R. Lewis

Kentucky Law Journal

No abstract provided.


Constitutional Law--Due Process Of The Fourteenth Amendment--Right To Counsel In Non-Capital State Felony Prosecutions, Marvin Lee Henderson Jan 1964

Constitutional Law--Due Process Of The Fourteenth Amendment--Right To Counsel In Non-Capital State Felony Prosecutions, Marvin Lee Henderson

Kentucky Law Journal

No abstract provided.


Legislative Reapportionment—The Kentucky Legal Context, Robert G. Lawson Jan 1963

Legislative Reapportionment—The Kentucky Legal Context, Robert G. Lawson

Law Faculty Scholarly Articles

In its continuing role as guardian of citizens’ constitutional rights, the Supreme Court in Baker v. Carr unlocked widespread concern for equal representation in state legislatures. Having been suppressed for two decades in which an amazing shift of population has occurred, the question of reapportionment and what to do about it had become one of great importance. In November, 1960, apportionments of 30 state legislatures had been challenged in state and federal courts. In addition, ten cases of an electoral character are presently on the docket of the Supreme Court of the United States.

Apart from the legal implications and …


Equal Facilities In Legal Education Under The Equal Protection Clause--Epps V. Carmichael, Myer S. Tulkoff Jan 1951

Equal Facilities In Legal Education Under The Equal Protection Clause--Epps V. Carmichael, Myer S. Tulkoff

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 Jan 1948

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 Jan 1940

Non-Natural Persons And The Guarantee Of "Liberty" Under The Due Process Clause, D. J. Farage

Kentucky Law Journal

No abstract provided.


The Judicial Veto, Louis A. Warsoff Jan 1938

The Judicial Veto, Louis A. Warsoff

Kentucky Law Journal

No abstract provided.