Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 30 of 366

Full-Text Articles in Law

Divorce, Domicile, And The Constitution, Mark Strasser Jan 2019

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 Jan 2018

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

Kentucky Law Journal

No abstract provided.


Decentralizing Fourth Amendment Search Doctrine, Michael J. Zydney Mannheimer Jan 2018

Decentralizing Fourth Amendment Search Doctrine, Michael J. Zydney Mannheimer

Kentucky Law Journal

No abstract provided.


Religious Exemptions, Harm To Others, And The Indeterminacy Of A Common Law Baseline, Elizabeth Sepper Jan 2018

Religious Exemptions, Harm To Others, And The Indeterminacy Of A Common Law Baseline, Elizabeth Sepper

Kentucky Law Journal

No abstract provided.


Third-Party Burdens And Conscientious Objection To War, William P. Marshall Jan 2018

Third-Party Burdens And Conscientious Objection To War, William P. Marshall

Kentucky Law Journal

No abstract provided.


Equitable Mootness: Ignorance Is Bliss And Unconstitutional, Robert Miller Jan 2018

Equitable Mootness: Ignorance Is Bliss And Unconstitutional, Robert Miller

Kentucky Law Journal

No abstract provided.


Religious Accommodations And Third-Party Harms: Constitutional Values And Limits, Kathleen A. Brady Jan 2018

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

Kentucky Law Journal

No abstract provided.


Do Discretionary Religious Exemptions Violate The Establishment Clause?, Carl H. Esbeck Jan 2018

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

Kentucky Law Journal

No abstract provided.


Permissible Accommodation Or Impermissible Endorsement? A Proposed Approach To Religious Exemptions And The Establishment Clause, Gary J. Simson Jan 2018

Permissible Accommodation Or Impermissible Endorsement? A Proposed Approach To Religious Exemptions And The Establishment Clause, Gary J. Simson

Kentucky Law Journal

No abstract provided.


Putting The "Exercise" Back In Free Exercise, Eric J. Segall Jan 2018

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 Jan 2018

Religious Liberty Versus Rights Of Others, Arnold H. Loewy

Kentucky Law Journal

No abstract provided.


The Costs Of Conscience, Micah Schwartzman, Nelson Tebbe, Richard Schragger Jan 2018

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

Kentucky Law Journal

No abstract provided.


An Undetectable Constitutional Violation, Jill Wieber Lens Jan 2017

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 …


Governmental Acquiescence In Private Party Searches: The State Action Inquiry And Lessons From The Federal Circuits, Eugene L. Shapiro Jan 2016

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 …


Judgment Without Notice: The Unconstitutionality Of Constructive Notice Following Citizens United, Carliss N. Chatman Jan 2016

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 Jan 2016

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 Jan 2016

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.


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 Jan 2015

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.


Once We're Done Honeymooning: Obergefell V. Hodges, Incrementalism, And Advances For Sexual Orientation Anti-Discrimination, Jeremiah A. Ho Jan 2015

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 …


The Depth Of Endurance: A Critical Look At Prolonged Solitary Confinement In Light Of The Constitution And A Call To Reform, Shannon H. Church Jan 2015

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 Jan 2014

"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 Jan 2014

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 Jan 2013

State Treason: The History And Validity Of Treason Against Individual States, J. Taylor Mcconkie

Kentucky Law Journal

No abstract provided.


Cell Phone Searches Incident To Arrest: A New Standard Based On Arizona V. Gant, Ben E. Stewart Jan 2011

Cell Phone Searches Incident To Arrest: A New Standard Based On Arizona V. Gant, Ben E. Stewart

Kentucky Law Journal

No abstract provided.


Material Witness Detentions After Al-Kidd, Wesley Macneil Oliver Jan 2011

Material Witness Detentions After Al-Kidd, Wesley Macneil Oliver

Kentucky Law Journal

No abstract provided.


Originalism And Original Exclusions, Mark S. Stein Jan 2010

Originalism And Original Exclusions, Mark S. Stein

Kentucky Law Journal

No abstract provided.


Strader V. Graham: Kentucky's Contribution To National Slavery Litigation And The Dredscott Decision, Robert G. Schwemm Jan 2009

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 Jan 2009

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 Jan 2009

What The Doctor Ordered: Balancing Religion And Patient Rights In U.S. Pharmacies, Rachel T. Caudel

Kentucky Law Journal

No abstract provided.


The Undiscovered Country: Execution Competency & Comprehending Death, Jeffrey L. Kirchmeier Jan 2009

The Undiscovered Country: Execution Competency & Comprehending Death, Jeffrey L. Kirchmeier

Kentucky Law Journal

No abstract provided.