Law Commons^™

Do Discretionary Religious Exemptions Violate The Establishment Clause?, Carl H. Esbeck

Kentucky Law Journal

No abstract provided.

Putting The "Exercise" Back In Free Exercise, Eric J. Segall

Kentucky Law Journal

No abstract provided.

Religious Liberty Versus Rights Of Others, Arnold H. Loewy

Kentucky Law Journal

No abstract provided.

Religious Exemptions, Third-Party Harms, And The False Analogy To Church Taxes, Christopher C. Lund

Kentucky Law Journal

No abstract provided.

Religious Accommodations And Third-Party Harms: Constitutional Values And Limits, Kathleen A. Brady

Kentucky Law Journal

No abstract provided.

Who's Causing The Harm?, Catherine A. Hardee

Kentucky Law Journal

No abstract provided.

The Costs Of Conscience, Micah Schwartzman, Nelson Tebbe, Richard Schragger

Kentucky Law Journal

No abstract provided.

New Frontiers In Medical Privacy: Protecting The Biometric Data Of Patients In The Healthcare Industry, Jordan T. Shewmaker

Kentucky Law Journal

No abstract provided.

Vacating Adult Adoptions Post-Obergefell, Sarah A. Quarles

Kentucky Law Journal

No abstract provided.

Trademark As A Property Right, Adam Mossoff

Kentucky Law Journal

No abstract provided.

The First Amendment, Compelled Speech & Minors: Jettisoning The Fcc Mandate For Children's Television Programming, Clay Calvert

Kentucky Law Journal

No abstract provided.

The 2015 University Of Missouri Protests And Their Lessons For Higher Education Policy And Administration, Ben Trachtenberg

Kentucky Law Journal

No abstract provided.

Conflicts Between Kentucky's New Tort Reform And The Jural Rights Doctrine, Christopher N. Jacovitch

Kentucky Law Journal

No abstract provided.

Less Due Process Than Terrorists: An Analysis Of The Eric C. Conn Fiasco, Chelise L. Conn Greer

Kentucky Law Journal

No abstract provided.

Decentralizing Fourth Amendment Search Doctrine, Michael J. Zydney Mannheimer

Kentucky Law Journal

No abstract provided.

The Timing Of Testation, Mark Glover

Kentucky Law Journal

No abstract provided.

Equitable Mootness: Ignorance Is Bliss And Unconstitutional, Robert Miller

Kentucky Law Journal

No abstract provided.

Regulating Evolution: Smart Policy For The 21st Century, Brittany Warford

Kentucky Law Journal

No abstract provided.

Fracking Coal Country: How Local Governments And The State Can Make A Positive Impact On Rural Appalachia's Future Within The Energy Industry, Shannon L. Rutherford

Kentucky Law Journal

No abstract provided.

Bound To The Fire, Kelley Fanto Deetz

Civil Rights

For decades, smiling images of "Aunt Jemima" and other historical and fictional black cooks could be found on various food products and in advertising. Although these images were sanitized and romanticized in American popular culture, they represented the untold stories of enslaved men and women who had a significant impact on the nation's culinary and hospitality traditions, even as they were forced to prepare food for their oppressors.

Kelley Fanto Deetz draws upon archaeological evidence, cookbooks, plantation records, and folklore to present a nuanced study of the lives of enslaved plantation cooks from colonial times through emancipation and beyond. She …

A Political Companion To James Baldwin, Susan J. Mcwilliams

Civil Rights

In seminal works such as Go Tell It on the Mountain, Notes of a Native Son, and The Fire Next Time, acclaimed author and social critic James Baldwin (1924–1987) expresses his profound belief that writers have the power to transform society, to engage the public, and to inspire and channel conversation to achieve lasting change. While Baldwin is best known for his writings on racial consciousness and injustice, he is also one of the country's most eloquent theorists of democratic life and the national psyche. In A Political Companion to James Baldwin, a group of prominent scholars assess the prolific …

Language Changes, But Should Legal Writing Change With It?, Diane B. Kraft

Law Faculty Popular Media

No abstract provided.

An Empirical Study Of University Patent Activity, Brian L. Frye, Christopher J. Ryan

Law Faculty Scholarly Articles

Since 1980, a series of legislative acts and judicial decisions have affected the ownership, scope, and duration of patents. These changes have coincided with historic increases in patent activity among academic institutions.

This article presents an empirical study of how changes to patent policy precipitated responses by academic institutions, using spline regression functions to model their patent activity. We find that academic institutions typically reduced patent activity immediately before changes to the patent system, and increased patent activity immediately afterward. This is especially true among research universities. In other words, academic institutions responded to patent incentives in a strategic manner, …

A Revealed Preferences Approach To Ranking Law Schools, Brian L. Frye, Christopher J. Ryan Jr.

Law Faculty Scholarly Articles

The U.S. News & World Report (U.S. News) “Best Law Schools Rankings” defines the market for legal education. Law schools compete to improve their standing in the U.S. News rankings and fear any decline. But the U.S. News rankings are controversial, at least in part because they rely on factors that are poor proxies for quality, like peer reputation and expenditures per student. While many alternative law school rankings exist, none have challenged the market dominance of the U.S. News rankings. Presumably the U.S. News rankings benefit from a first-mover advantage, other rankings fail to provide a clearly superior alternative, …

Regulating Nonmarriage, Albertina Antognini

Law Faculty Popular Media

In the Closing Thoughts column of UK Law Notes, Prof. Albertina Antognini discusses her research on the regulation of nonmarriage. Two years have elapsed since the Supreme Court recognized the constitutional right to marry in the landmark case of Obergefell v. Hodges. Much ink has been spilled in the opinion’s aftermath by scholars who have in turn lauded it for its promotion of dignity and equality, criticized it for having a conservative vision of what marriage entails, or pored over its reasoning to better understand the future it has ushered in. Underlying the opinion, and the recent scholarly …

Neil M. Gorsuch | Associate Justice Of The Supreme Court Of United States, Neil M. Gorsuch

The John G. Heyburn II Initiative for Excellence in the Federal Judiciary

The Hon. Neil M. Gorsuch, Associate Justice of the Supreme Court of the United States, spent Thursday evening on the University of Kentucky campus. He spoke to University of Kentucky College of Law students as well as judges, lawyers and clerks from across Kentucky.

Justice Gorsuch was here as part of the John G. Heyburn II Initiative for Excellence in the Federal Judiciary.

“The Heyburn Initiative enhances the academic experience for our students by providing them with the opportunity to listen to, and engage with, some of our nation’s top leaders in law. The College of Law is one of …

Irma Price Gouging Highlights Sad Truth: Consumer Fleecing Is The New Normal, Ramsi Woodcock

Law Faculty Popular Media

By bringing desperation to so many, Hurricane Irma is revealing a sad fact about many American companies, and not just airlines: that they have come in recent years to embrace taking advantage of desperate consumers as a central part of their business models.

The practice, called dynamic pricing, is intended to ration scarce goods and services, yet, as I show in a recent paper, it primarily harms consumers by making it easier for companies to fleece them.

Immigrants Benefit The Community And Economy, Jenny Minier

Center for Equality and Social Justice Position Papers

Immigration has historically been a defining characteristic of the United States, and it remains one of the country’s most significant economic advantages. Deferred Action for Childhood Arrivals (DACA) was implemented by President Obama to grant temporary legal status to undocumented immigrants who were brought to the U.S. as children, as long as they are enrolled in school or working. Given President Trump’s recent comments about ending the DACA program, Congress must work on a policy solution that will allow the nearly 800,000 “Dreamers” currently enrolled in DACA to remain legally in the U.S. There are both moral and economic reasons …

Need For Non-Discrimination Laws Protecting Lgbt People In Kentucky, Ellen Riggle

Center for Equality and Social Justice Position Papers

Non-discrimination laws that include sexual orientation and gender identity provide protections for people who identify as lesbian, gay, bisexual, and transgender (LGBT). Further, inclusive non-discrimination laws signal a commitment to equality and fairness in the treatment of all individuals. However, statewide nondiscrimination laws in Kentucky do not include protections against discrimination based on sexual orientation or gender identity. This lack of protection creates risks for the unfair treatment of LGBT people in Kentucky.

Amazon's Whole Foods Deal Could Still Be Reversed Thanks To Forgotten Antitrust Case, Ramsi Woodcock

Law Faculty Popular Media

Amazon formally took ownership of Whole Foods this week after the Federal Trade Commission signaled on August 23 that it wouldn’t stop the deal.

The online retailer isn’t wasting any time remaking the high-end grocery chain in its low-price image. Its first act involved cutting prices on dozens of items, from avocados to tilapia. But that is not what is sending shivers down the aisles of rival food retailers like Walmart, which now controls 20 percent of the grocery market by pursuing just such a low-price strategy.

The reason, which the FTC ignored in providing its imprimatur, is that Amazon …