Open Access. Powered by Scholars. Published by Universities.®
- Discipline
Articles 1 - 4 of 4
Full-Text Articles in Law
The Establishment Clause As A Structural Restraint On Governmental Power, Carl H. Esbeck
The Establishment Clause As A Structural Restraint On Governmental Power, Carl H. Esbeck
Faculty Publications
This Article inquires into whether the singular purpose of the Establishment Clause is to secure individual rights, as is conventionally believed, or whether its role is more properly understood as a structural restraint on governmental power. If the Clause is indeed structural in nature, then its task is to negate from the purview of civil governance all matters “respecting an establishment of religion.” Conceptualizing the role of the Establishment Clause as either rights-securing or structural has profound consequences for the nation's constitutional settlement concerning the interrelationship of government and religion.
Challenging Discriminatory Guesswork: Does Impact Analysis Apply, Michael A. Middleton
Challenging Discriminatory Guesswork: Does Impact Analysis Apply, Michael A. Middleton
Faculty Publications
This article initially examines the traditional theories of proof in Title VII cases. It then discusses approaches by lower courts in resolving the competing concerns raised in applying those traditional theories in challenges to subjective selection devices. This article next discusses the Supreme Court's resolution of the problem in Watson and suggests a workable alternative resolution that will not undermine the broad prophylactic purposes of Title VII.
The State's Interest In The Preservation Of Life: From Quinlan To Cruzan, Philip G. Peters Jr.
The State's Interest In The Preservation Of Life: From Quinlan To Cruzan, Philip G. Peters Jr.
Faculty Publications
This article considers the kinds of limits on withholding that each of these policies might plausibly support, compares these limits to the judicial approaches taken in the refusal of treatment cases, and explores how apparent conflicts between these state goals and the interests of the patients might be resolved. Because this article focuses exclusively on the state's interests, however, it necessarily isolates and considers only one portion of a complex problem involving the interests of patients, families, providers, and others. No comprehensive examination of the nature and weight of the patient's interests or those of other involved parties is attempted. …
New Developments In Kansas Insurance Law, Robert H. Jerry Ii
New Developments In Kansas Insurance Law, Robert H. Jerry Ii
Faculty Publications
Since 1959 the Kansas Law Review has encouraged commentary on recent developments in Kansas insurance law. This article continues this tradition, examining developments that have occurred during the last five years.