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Articles 1 - 30 of 366
Full-Text Articles in Law
Divorce, Domicile, And The Constitution, Mark Strasser
Divorce, Domicile, And The Constitution, Mark Strasser
Kentucky Law Journal
No abstract provided.
Religious Exemptions, Third-Party Harms, And The False Analogy To Church Taxes, Christopher C. Lund
Religious Exemptions, Third-Party Harms, And The False Analogy To Church Taxes, Christopher C. Lund
Kentucky Law Journal
No abstract provided.
Third-Party Burdens And Conscientious Objection To War, William P. Marshall
Third-Party Burdens And Conscientious Objection To War, William P. Marshall
Kentucky Law Journal
No abstract provided.
The Costs Of Conscience, Micah Schwartzman, Nelson Tebbe, Richard Schragger
The Costs Of Conscience, Micah Schwartzman, Nelson Tebbe, Richard Schragger
Kentucky Law Journal
No abstract provided.
Equitable Mootness: Ignorance Is Bliss And Unconstitutional, Robert Miller
Equitable Mootness: Ignorance Is Bliss And Unconstitutional, Robert Miller
Kentucky Law Journal
No abstract provided.
Religious Exemptions, Harm To Others, And The Indeterminacy Of A Common Law Baseline, Elizabeth Sepper
Religious Exemptions, Harm To Others, And The Indeterminacy Of A Common Law Baseline, Elizabeth Sepper
Kentucky Law Journal
No abstract provided.
Putting The "Exercise" Back In Free Exercise, Eric J. Segall
Putting The "Exercise" Back In Free Exercise, Eric J. Segall
Kentucky Law Journal
No abstract provided.
Do Discretionary Religious Exemptions Violate The Establishment Clause?, Carl H. Esbeck
Do Discretionary Religious Exemptions Violate The Establishment Clause?, Carl H. Esbeck
Kentucky Law Journal
No abstract provided.
Religious Accommodations And Third-Party Harms: Constitutional Values And Limits, Kathleen A. Brady
Religious Accommodations And Third-Party Harms: Constitutional Values And Limits, Kathleen A. Brady
Kentucky Law Journal
No abstract provided.
Permissible Accommodation Or Impermissible Endorsement? A Proposed Approach To Religious Exemptions And The Establishment Clause, Gary J. Simson
Permissible Accommodation Or Impermissible Endorsement? A Proposed Approach To Religious Exemptions And The Establishment Clause, Gary J. Simson
Kentucky Law Journal
No abstract provided.
Decentralizing Fourth Amendment Search Doctrine, Michael J. Zydney Mannheimer
Decentralizing Fourth Amendment Search Doctrine, Michael J. Zydney Mannheimer
Kentucky Law Journal
No abstract provided.
Religious Liberty Versus Rights Of Others, Arnold H. Loewy
Religious Liberty Versus Rights Of Others, Arnold H. Loewy
Kentucky Law Journal
No abstract provided.
An Undetectable Constitutional Violation, Jill Wieber Lens
An Undetectable Constitutional Violation, Jill Wieber Lens
Kentucky Law Journal
In Philip Morris USA v. Williams, the Supreme Court mandated that lower courts implement procedural protections to ensure that the jury, when awarding punitive damages, properly considers evidence of the defendant's harming nonparties. The jury can consider that evidence when determining the level of the defendant's reprehensibility, but punishment for causing that nonparty harm would violate the defendant's constitutional rights. Ten years later, this Article is the first to examine lower courts' attempts to comply with Philip Morris. The Article first seeks to clarify how evidence of nonparty harm can demonstrate reprehensibility, a clarification necessary before courts can even begin …
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 …
An Unconventional Approach To Reviewing The Judicially Unreviewable: Applying The Dormant Commerce Clause To Copyright, Donald P. Harris
An Unconventional Approach To Reviewing The Judicially Unreviewable: Applying The Dormant Commerce Clause To Copyright, Donald P. Harris
Kentucky Law Journal
No abstract provided.
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.
Governmental Acquiescence In Private Party Searches: The State Action Inquiry And Lessons From The Federal Circuits, Eugene L. Shapiro
Governmental Acquiescence In Private Party Searches: The State Action Inquiry And Lessons From The Federal Circuits, Eugene L. Shapiro
Kentucky Law Journal
In an area characterized by a significant potential for governmental abuse, judicial examination of whether governmental acquiescence in a specific private party search constitutes state action, consequently subject to Fourth Amendment constraints, has often lacked appropriate focus and depth. An examination of the standards used among the federal circuits reveals prevalent approaches which identify the circumstances bearing upon the matter, but which address them under "multi-factored" totality of the circumstances standards. The result has too often been a lack of specificity in discussing the issues and a failure to provide needed clarity for law enforcement.
This article examines the analyses …
Once We're Done Honeymooning: Obergefell V. Hodges, Incrementalism, And Advances For Sexual Orientation Anti-Discrimination, Jeremiah A. Ho
Once We're Done Honeymooning: Obergefell V. Hodges, Incrementalism, And Advances For Sexual Orientation Anti-Discrimination, Jeremiah A. Ho
Kentucky Law Journal
Undoubtedly, the Supreme Court's marriage equality decision in Obergefell v. Hodges is the watershed civil rights decision of our time. Since United States v. Windsor, each recent victory for same-sex couples in the federal courts evidenced that the legal recognition of same-sex marriages in the United States was becoming increasingly secure. Meanwhile, momentum was growing for the visibility of sexual minorities nationally. Yet, is marriage equality the last stop in the pro-LGBTQmovement, or should we expect sexual minorities to advance in other legal arenas? Should we expect that the recent strides in marriage equality from Windsor to Obergefell can …
A Uniform Test Isn't Here Right Now, But Please Leave A Message: How Altering The Spence Symbolic Speech Test Can Better Meet The Needs Of An Expressive Society, Caitlin Housley
Kentucky Law Journal
No abstract provided.
The Depth Of Endurance: A Critical Look At Prolonged Solitary Confinement In Light Of The Constitution And A Call To Reform, Shannon H. Church
The Depth Of Endurance: A Critical Look At Prolonged Solitary Confinement In Light Of The Constitution And A Call To Reform, Shannon H. Church
Kentucky Law Journal
No abstract provided.
"Hobby-Lobby"-Ing For Religious Freedom: Crafting The Religious Employer Exemption To The Ppaca, Emily Pitt Mattingly
"Hobby-Lobby"-Ing For Religious Freedom: Crafting The Religious Employer Exemption To The Ppaca, Emily Pitt Mattingly
Kentucky Law Journal
No abstract provided.
The Kentucky Religious Freedom Act: Neither A Savior For The Free Exercise Of Religion Nor A Monstrous Threat To Civil Rights, Jennifer A. Pekman
The Kentucky Religious Freedom Act: Neither A Savior For The Free Exercise Of Religion Nor A Monstrous Threat To Civil Rights, Jennifer A. Pekman
Kentucky Law Journal
No abstract provided.
State Treason: The History And Validity Of Treason Against Individual States, J. Taylor Mcconkie
State Treason: The History And Validity Of Treason Against Individual States, J. Taylor Mcconkie
Kentucky Law Journal
No abstract provided.
Material Witness Detentions After Al-Kidd, Wesley Macneil Oliver
Material Witness Detentions After Al-Kidd, Wesley Macneil Oliver
Kentucky Law Journal
No abstract provided.
Cell Phone Searches Incident To Arrest: A New Standard Based On Arizona V. Gant, Ben E. Stewart
Cell Phone Searches Incident To Arrest: A New Standard Based On Arizona V. Gant, Ben E. Stewart
Kentucky Law Journal
No abstract provided.
Originalism And Original Exclusions, Mark S. Stein
Originalism And Original Exclusions, Mark S. Stein
Kentucky Law Journal
No abstract provided.
The Undiscovered Country: Execution Competency & Comprehending Death, Jeffrey L. Kirchmeier
The Undiscovered Country: Execution Competency & Comprehending Death, Jeffrey L. Kirchmeier
Kentucky Law Journal
No abstract provided.
Strader V. Graham: Kentucky's Contribution To National Slavery Litigation And The Dredscott Decision, Robert G. Schwemm
Strader V. Graham: Kentucky's Contribution To National Slavery Litigation And The Dredscott Decision, Robert G. Schwemm
Kentucky Law Journal
No abstract provided.
The Constitutional Status Of Morals Legislation, John Lawrence Hill
The Constitutional Status Of Morals Legislation, John Lawrence Hill
Kentucky Law Journal
No abstract provided.
What The Doctor Ordered: Balancing Religion And Patient Rights In U.S. Pharmacies, Rachel T. Caudel
What The Doctor Ordered: Balancing Religion And Patient Rights In U.S. Pharmacies, Rachel T. Caudel
Kentucky Law Journal
No abstract provided.