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Articles 31 - 45 of 45
Full-Text Articles in Law
No State Left Behind: An Analysis Of The Post-Egtrra Death Tax Landscape And An Argument For Kentucky To Repeal State Death Taxes, Mary Ellen Wimberly
No State Left Behind: An Analysis Of The Post-Egtrra Death Tax Landscape And An Argument For Kentucky To Repeal State Death Taxes, Mary Ellen Wimberly
Kentucky Law Journal
No abstract provided.
A Pivotal Moment For Election Law, Joshua A. Douglas
A Pivotal Moment For Election Law, Joshua A. Douglas
Kentucky Law Journal
No abstract provided.
Economic Precarity, Race, And Voting Structures, Atiba R. Ellis
Economic Precarity, Race, And Voting Structures, Atiba R. Ellis
Kentucky Law Journal
No abstract provided.
Judicial "Enforcement" Of A Grand Election Bargain, Michael J. Pitts
Judicial "Enforcement" Of A Grand Election Bargain, Michael J. Pitts
Kentucky Law Journal
No abstract provided.
Judicial Review Of Direct Democracy: A Reappraisal, Michael E. Solimine
Judicial Review Of Direct Democracy: A Reappraisal, Michael E. Solimine
Kentucky Law Journal
In his dissent in Arizona State Legislature v. Arizona Independent Redistricting Commission in 2015, Justice Clarence Thomas argued that the Supreme Court had been inconsistent in the rigor it employs when considering constitutional challenges to the products of direct democracy, i.e., referenda and initiatives. Some cases seemed to use stricter scrutiny, and others lesser scrutiny, as compared to challenges to ordinary legislation. Justice Thomas argued that the review of direct democracy should be the same as for ordinary legislation, a proposition with which this Article agrees. This Article challenges the position advanced by Professor Julian Eule over twenty-five years …
Arbitrating Ballot Battles?, Rebecca Green
Arbitrating Ballot Battles?, Rebecca Green
Kentucky Law Journal
This short article posits that arbitration is an under-explored mechanism for resolving post-election disputes. As Professor Edward Foley documents in Ballot Battles: The History of Disputed Elections in the United States, post-election disputes have brought state and federal government to a political precipice numerous times in our history. A comprehensive, transparent, and fair arbitration process could well save us from another.
Tinker Tortured: The Scope Of Student Off-Campus Viral Speech Rights In The Federal Circuits, Kevin Nathaniel Troy Fowler
Tinker Tortured: The Scope Of Student Off-Campus Viral Speech Rights In The Federal Circuits, Kevin Nathaniel Troy Fowler
Kentucky Law Journal
No abstract provided.
The Use Of False Dna Evidence To Gain A Confession During Interrogation Is Classic Coercion: Why Such Coerced Confessions Should Not Be Admissible In A Criminal Trial, Andrea Reed
Kentucky Law Journal
No abstract provided.
Kentucky Law Journal Masthead For Volume 105, Kentucky Law Journal
Kentucky Law Journal Masthead For Volume 105, Kentucky Law Journal
Kentucky Law Journal
No abstract provided.
Front Matter For Volume 105, Kentucky Law Journal
Front Matter For Volume 105, Kentucky Law Journal
Kentucky Law Journal
No abstract provided.
Letter From The Editor, R. Nicholas Rabold
Judgment Without Notice: The Unconstitutionality Of Constructive Notice Following Citizens United, Carliss N. Chatman
Judgment Without Notice: The Unconstitutionality Of Constructive Notice Following Citizens United, Carliss N. Chatman
Kentucky Law Journal
Citizens United v. Federal Election Commission positions a corporation as an entity entitled to constitutional rights equal to the rights of natural persons. In many situations, this holding may be the impetus for reform and reconsideration of state restrictions on corporate rights that were problematic before the decision. The operation of corporate statutes on corporations chartered in one state but doing business in another state as a foreign corporation is an area in need of this Citizens United-inspired review. Although most corporations operate as foreign corporations outside of their state of incorporation, neither the constitutional validity of corporate withdrawal …
Immigrant Passing, Andrew Tae-Hyun Kim
Immigrant Passing, Andrew Tae-Hyun Kim
Kentucky Law Journal
The metaphor of America as a "melting-pot" is as old as this country's founding. In its aspirational reach and inclusive vision, this storied narrative is alluring. This assimilationist norm is deeply woven into our culture and laws. But the demand to assimilate can easily cross the ine into unlawful discrimination and exact untold harms on an individual's identity For over eleven million undocumented immgrants in the United States, many of whom have lived here for generations, the story of inclusion smacks of fiction. To remedy their daily fear of deportation and obviate the need to hide, the Obama Administration enacted, …
A Missing Piece: The Importance Of Control Over An Undue Hardship In A Request To Discharge Student Loans Through Bankruptcy, Megan E. Niespodziany
A Missing Piece: The Importance Of Control Over An Undue Hardship In A Request To Discharge Student Loans Through Bankruptcy, Megan E. Niespodziany
Kentucky Law Journal
No abstract provided.
Batson V. Kentucky Reflections Inspired By A Podcast, Nancy S. Marder
Batson V. Kentucky Reflections Inspired By A Podcast, Nancy S. Marder
Kentucky Law Journal
An episode of More Perfect, a podcast devoted to the US. Supreme Court, focused on Batson v. Kentucky, which just marked its thirtieth anniversary. This podcast serves as the starting point for reflections on Batson v. Kentucky, a case in which the Court maintained the peremptory challenge while trying to eliminate discriminatory peremptory challenges. The podcast contributes to our understanding of Batson in several ways. First, it allows listeners to hear from participants in the case and how they viewed their situation at the time. Second, it considers whether Batson has been effective in ridding jury selection …