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Articles 181 - 210 of 3638
Full-Text Articles in Law
Religious Liberty Versus Rights Of Others, Arnold H. Loewy
Religious Liberty Versus Rights Of Others, Arnold H. Loewy
Kentucky Law Journal
No abstract provided.
Who's Causing The Harm?, Catherine A. Hardee
Who's Causing The Harm?, Catherine A. Hardee
Kentucky Law Journal
No abstract provided.
You Don't Need Love . . . But It Helps: Insider Trading Law After Salman, Matthew J. Wilkins
You Don't Need Love . . . But It Helps: Insider Trading Law After Salman, Matthew J. Wilkins
Kentucky Law Journal
No abstract provided.
Public Fora And The Problem Of Too Much Speech, R. George Wright
Public Fora And The Problem Of Too Much Speech, R. George Wright
Kentucky Law Journal
No abstract provided.
Burying Lochner: Why Courts Should Reject Coming Attempts To Revive Economic Due Process, Brandon R. Magner
Burying Lochner: Why Courts Should Reject Coming Attempts To Revive Economic Due Process, Brandon R. Magner
Kentucky Law Journal
No abstract provided.
Senators Can't Be Choosers: Moratoriums On Supreme Court Nominations And The Separation Of Powers, J. Stephen Clark
Senators Can't Be Choosers: Moratoriums On Supreme Court Nominations And The Separation Of Powers, J. Stephen Clark
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.
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.
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.
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.
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.
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.
Vacating Adult Adoptions Post-Obergefell, Sarah A. Quarles
Vacating Adult Adoptions Post-Obergefell, Sarah A. Quarles
Kentucky Law Journal
No abstract provided.
The First Amendment, Compelled Speech & Minors: Jettisoning The Fcc Mandate For Children's Television Programming, Clay Calvert
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
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
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
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
Decentralizing Fourth Amendment Search Doctrine, Michael J. Zydney Mannheimer
Kentucky Law Journal
No abstract provided.
The Timing Of Testation, Mark Glover
Regulating Evolution: Smart Policy For The 21st Century, Brittany Warford
Regulating Evolution: Smart Policy For The 21st Century, Brittany Warford
Kentucky Law Journal
No abstract provided.
What Is Sexual Orientation?, Mary Ziegler
What Is Sexual Orientation?, Mary Ziegler
Kentucky Law Journal
At a time when the Supreme Court seems closer than ever before to treating sexual orientation as a suspect classification, consideration of the legal definition of sexual orientation is both timely and important. The Court’s 2015 decision in Obergefell recognizes two guideposts for defining sexual orientation: its immutability and normalcy. While other scholars offer rich and nuanced accounts of the fight for gay, lesbian, transgender, and bisexual rights, they do not fully analyze the history of sexual orientation as a legal category. This Article closes that gap, illuminating the hidden costs of the definition of sexual orientation that Obergefell endorses. …
Justice Against Sponsors Of Terrorism: Why Suing Terrorists May Not Be The Most Effective Way To Advance United States Foreign Policy Objectives, Drew Watkins
Kentucky Law Journal
No abstract provided.
Bringing In The Sheaves: Combating Televangelists' Abuse Of The Internal Revenue Code, Cody S. Barnett
Bringing In The Sheaves: Combating Televangelists' Abuse Of The Internal Revenue Code, Cody S. Barnett
Kentucky Law Journal
No abstract provided.
The Cost Of Hope At The End Of Life: An Analysis Of State Right-To-Try Statutes, Tamara J. Patterson
The Cost Of Hope At The End Of Life: An Analysis Of State Right-To-Try Statutes, Tamara J. Patterson
Kentucky Law Journal
No abstract provided.
Actus Reus, Mens Rea, And Brain Science: What Do Volition And Intent Really Mean?, Erica Beecher-Monas, Edgar Garcia-Rill
Actus Reus, Mens Rea, And Brain Science: What Do Volition And Intent Really Mean?, Erica Beecher-Monas, Edgar Garcia-Rill
Kentucky Law Journal
The foundational elements of criminal law, actus reus and mens rea, are vague, imprecise, and indeterminate categories that are based on outdated notions about human behavior. These confused categories affect not only what legally constitutes choice, volition, and intent, but also the defendant's ability to present evidence (since the categories define the evidence that will be admissible), and ultimately, criminal liability. In this Article we explain how neuroscience allows us to reconsider these legal concepts and conceive a more informed view of human behavior (and therefore criminal liabilty). The Article explains how distortions in brain function affect the way …
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 …
Taking A Step Back. Racial Injustice In America, Mark Peffley, Jeffrey Mondak
Taking A Step Back. Racial Injustice In America, Mark Peffley, Jeffrey Mondak
Kentucky Law Journal
No abstract provided.
Certificate Of Need In The Post-Affordable Care Act Era, Emily Whelan Parento
Certificate Of Need In The Post-Affordable Care Act Era, Emily Whelan Parento
Kentucky Law Journal
Certifcate of need ("CON") programs were conceived approximately fifty years ago as supply constraint mechanisms for healthcare services, in an environment that is essentially unrecognizable today. Every aspect of the healthcare landscape has changed dramatically, particularly in the years since the enactment of the Affordable Care Act. The historical rationales in support of CON programs have been vigorously questioned by scholars across disciplines, roundly criticized by the federal government, and largely disproven by research. Yet the status quo persists with thirty-five states retaining CON laws, due in large part to a combination of entrenched interests and polrical inertia that prevents …
The Smug Assumption Of Reverse Discrimination: Abigail Fisher And Fisher V. University Of Texas At Austin, R. Nicholas Rabold
The Smug Assumption Of Reverse Discrimination: Abigail Fisher And Fisher V. University Of Texas At Austin, R. Nicholas Rabold
Kentucky Law Journal
Many expected Fisher v. University of Texas at Austin (Fisher I), 133 S. Ct. 2411 (2013)—an appeal from the Court ofAppeals for the Fifth Circuit upholding the University of Texas at Austin's race-conscious admissions program—to sound the death knell for race-based affirmative action in higher education. Instead, in remanding the case back to -the Fifth Circuit, the Supreme Court of the United States upheld the consideration of race in college admission programs, so long as such use could satisfy strict scrutiny. Nonetheless, Fisher I concerned academics and practitioners with its potentially limiting language, leaving the future of race-based …