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Articles 91 - 120 of 3499
Full-Text Articles in Law
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 …
The Sec's Regulation A+: Small Business Goes Under The Bus Again, Rutheford B. Campbell Jr.
The Sec's Regulation A+: Small Business Goes Under The Bus Again, Rutheford B. Campbell Jr.
Kentucky Law Journal
Title IV of the JOBS Act, which is entitled "Small Company Capital Formation," requires the Securities and Exchange Commission to adopt new rules regarding offerings under Regulation A. The Commission has now adopted its final regulations implementing Title IV and providing a new regulatory regime for exempt offerings under Section 3(b) of the Securities Act of 1933. The new regime is generally referred to as Regulation A+.
Unfortunately, history and empirical data regarding the use of Regulation A and Regulation D strongly suggest that the final Regulation A+ rules are unlikely to provide any material relief for small businesses in …
Family Formation And The Home, Pamela Laufer-Ukeles, Shelly Kreiczer-Levy
Family Formation And The Home, Pamela Laufer-Ukeles, Shelly Kreiczer-Levy
Kentucky Law Journal
In this article, we consider the relevance of home sharing in family formation. When couples or groups of persons are recognized as families, they are afforded significant benefits and given certain obligations by the law. Families have their own category of laws, rights, and obligations. Currently, the law of family formation and recognition is in a state of flux. Although in some respects the defining legal lines of the family have been well settled for centuries around blood and the formal legal ties of marriage and parenthood, in significant ways, the family form has been fundamentally altered over the past …
No State Left Behind: An Analysis Of The Post-Egtrra Death Tax Landscape And An Argument For Kentucky To Repeal State Death Taxes, Mary Ellen Wimberly
No State Left Behind: An Analysis Of The Post-Egtrra Death Tax Landscape And An Argument For Kentucky To Repeal State Death Taxes, Mary Ellen Wimberly
Kentucky Law Journal
No abstract provided.
A Pivotal Moment For Election Law, Joshua A. Douglas
A Pivotal Moment For Election Law, Joshua A. Douglas
Kentucky Law Journal
No abstract provided.
Economic Precarity, Race, And Voting Structures, Atiba R. Ellis
Economic Precarity, Race, And Voting Structures, Atiba R. Ellis
Kentucky Law Journal
No abstract provided.
Judicial "Enforcement" Of A Grand Election Bargain, Michael J. Pitts
Judicial "Enforcement" Of A Grand Election Bargain, Michael J. Pitts
Kentucky Law Journal
No abstract provided.
Judicial Review Of Direct Democracy: A Reappraisal, Michael E. Solimine
Judicial Review Of Direct Democracy: A Reappraisal, Michael E. Solimine
Kentucky Law Journal
In his dissent in Arizona State Legislature v. Arizona Independent Redistricting Commission in 2015, Justice Clarence Thomas argued that the Supreme Court had been inconsistent in the rigor it employs when considering constitutional challenges to the products of direct democracy, i.e., referenda and initiatives. Some cases seemed to use stricter scrutiny, and others lesser scrutiny, as compared to challenges to ordinary legislation. Justice Thomas argued that the review of direct democracy should be the same as for ordinary legislation, a proposition with which this Article agrees. This Article challenges the position advanced by Professor Julian Eule over twenty-five years …
Arbitrating Ballot Battles?, Rebecca Green
Arbitrating Ballot Battles?, Rebecca Green
Kentucky Law Journal
This short article posits that arbitration is an under-explored mechanism for resolving post-election disputes. As Professor Edward Foley documents in Ballot Battles: The History of Disputed Elections in the United States, post-election disputes have brought state and federal government to a political precipice numerous times in our history. A comprehensive, transparent, and fair arbitration process could well save us from another.
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.
The Use Of False Dna Evidence To Gain A Confession During Interrogation Is Classic Coercion: Why Such Coerced Confessions Should Not Be Admissible In A Criminal Trial, Andrea Reed
Kentucky Law Journal
No abstract provided.
Kentucky Law Journal Masthead For Volume 105, Kentucky Law Journal
Kentucky Law Journal Masthead For Volume 105, Kentucky Law Journal
Kentucky Law Journal
No abstract provided.
Front Matter For Volume 105, Kentucky Law Journal
Front Matter For Volume 105, Kentucky Law Journal
Kentucky Law Journal
No abstract provided.
Letter From The Editor, R. Nicholas Rabold
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 …
Immigrant Passing, Andrew Tae-Hyun Kim
Immigrant Passing, Andrew Tae-Hyun Kim
Kentucky Law Journal
The metaphor of America as a "melting-pot" is as old as this country's founding. In its aspirational reach and inclusive vision, this storied narrative is alluring. This assimilationist norm is deeply woven into our culture and laws. But the demand to assimilate can easily cross the ine into unlawful discrimination and exact untold harms on an individual's identity For over eleven million undocumented immgrants in the United States, many of whom have lived here for generations, the story of inclusion smacks of fiction. To remedy their daily fear of deportation and obviate the need to hide, the Obama Administration enacted, …
A Missing Piece: The Importance Of Control Over An Undue Hardship In A Request To Discharge Student Loans Through Bankruptcy, Megan E. Niespodziany
A Missing Piece: The Importance Of Control Over An Undue Hardship In A Request To Discharge Student Loans Through Bankruptcy, Megan E. Niespodziany
Kentucky Law Journal
No abstract provided.
Batson V. Kentucky Reflections Inspired By A Podcast, Nancy S. Marder
Batson V. Kentucky Reflections Inspired By A Podcast, Nancy S. Marder
Kentucky Law Journal
An episode of More Perfect, a podcast devoted to the US. Supreme Court, focused on Batson v. Kentucky, which just marked its thirtieth anniversary. This podcast serves as the starting point for reflections on Batson v. Kentucky, a case in which the Court maintained the peremptory challenge while trying to eliminate discriminatory peremptory challenges. The podcast contributes to our understanding of Batson in several ways. First, it allows listeners to hear from participants in the case and how they viewed their situation at the time. Second, it considers whether Batson has been effective in ridding jury selection …
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 …
Taking Physicians Out Of The Straitjacket: Defending Physician Free Speech Rights By Defining The "Truthful And Nonmisleading" Standard, Kathryn E. Meyer
Taking Physicians Out Of The Straitjacket: Defending Physician Free Speech Rights By Defining The "Truthful And Nonmisleading" Standard, Kathryn E. Meyer
Kentucky Law Journal
No abstract provided.
Rectifying These Mean Streets: Percent-For-Art Ordinances, Street Furniture, And The New Streetscape, Asmara M. Tekle
Rectifying These Mean Streets: Percent-For-Art Ordinances, Street Furniture, And The New Streetscape, Asmara M. Tekle
Kentucky Law Journal
No abstract provided.
Who's Afraid Of The Hated Political Gerrymander?, Luis Fuentes-Rohwer
Who's Afraid Of The Hated Political Gerrymander?, Luis Fuentes-Rohwer
Kentucky Law Journal
The political gerrymander has few friends among scholars and commentators. Even a majority on the Supreme Court agreed that the practice violates constitutional and democratic norms. Andyet, this is one of the few issues that the US. Supreme Court refuses to regulate. The justices mask their refusal to regulate this area on a professedi nability to divinej uaicially-manageables tandards. In turn, scholars offer new standards for the justices to consider. This is not only a mistake but also misguided. The history of the political question doctrine makes clear that the discovery of manageable standards has never controlled the Court's prior …
Crime And Punishment, A Global Concern: Who Does It Best And Does Isolation Really Work?, Melanie Reid
Crime And Punishment, A Global Concern: Who Does It Best And Does Isolation Really Work?, Melanie Reid
Kentucky Law Journal
No abstract provided.
Persecution: How Much Is Enough?, Hillary R. Chambers
Persecution: How Much Is Enough?, Hillary R. Chambers
Kentucky Law Journal
No abstract provided.
Should Paris Hilton Receive A Lighter Prison Sentence Because She's Rich? An Experimental Study, Josef Montag, Tomáš Sobek
Should Paris Hilton Receive A Lighter Prison Sentence Because She's Rich? An Experimental Study, Josef Montag, Tomáš Sobek
Kentucky Law Journal
The "equal punishment for the same crime" principle is generally agreed upon--yet its implementation differs radically depending on whether the punishment is measured purely in nominal terms or whether the subjective perspective of the punishee is accounted for. This is simply because different people may experience the same punishment with differing intensity.
Legal scholars have recently proposed that improvements in scientific knowledge and advancements in technologies (such as Functional magnetic resonance imaging), which allow us to measure subjective perceptions and feelings, need to be and should be incorporated in our penal systems. This would facilitate calibrating the punishment not only …
Association Of Molecular Pathology V. Myriad Genetics, Inc.: Determining The Scope Of The Supreme Court's Holding For Patentable Subject Matter, Ashley Winkler
Association Of Molecular Pathology V. Myriad Genetics, Inc.: Determining The Scope Of The Supreme Court's Holding For Patentable Subject Matter, Ashley Winkler
Kentucky Law Journal
No abstract provided.
Giving Thanks: The Ethics Of Grateful Patient Fundraising, Stacey A. Tovino
Giving Thanks: The Ethics Of Grateful Patient Fundraising, Stacey A. Tovino
Kentucky Law Journal
Grateful patient fundraising, defined as the solicitation ofphilanthropic donations by health care providers from current and former patients, raisesa number of legal and ethical issues. Elsewhere, I detailed the confidentiality issues raised by the use and disclosure of patient identifiable information by hospital development officers, major gifts officers, institutionally-related foundations, and commercial fundraisers, and proposed corrections to federal health information confidentiality regulations to better balance the competing aims of health care philanthropy and health information confidentiality. In this Article, I analyze several outstandingissues raisedby physician involvement in grateful patient fundraising. That is, physicians who solicit philanthropic donations from their own …
Federal Deference To State Agency Implementation Of Federal Law, Emily Stabile
Federal Deference To State Agency Implementation Of Federal Law, Emily Stabile
Kentucky Law Journal
Increasingly, federal statutory schemes call upon state agencies to execute federal laws. One such example is the Affordable Care Act--a statute that allows states the option of implementing the requirements of the law and offering health coverage through their own agencies instead of through the Department of Health and Human Services. As more laws like this permit state agencies to carry out federal law, state agencies will be forced to interpret federal law as ambiguities arise. Mhile federal courts have constructed a fairly defined regime for review of agency interpretations under the Chevron and Skidmore doctrines, review of state agencies' …
Regulation Of The Pay Television Market: Why A La Carte Cable Is Not The Solution But Giving The Fcc More Power Is, Jacob Moak
Kentucky Law Journal
No abstract provided.
That's Unfair! Or Is It? Big Data, Discrimination And The Ftc's Unfairness Authority, Dennis D. Hirsch
That's Unfair! Or Is It? Big Data, Discrimination And The Ftc's Unfairness Authority, Dennis D. Hirsch
Kentucky Law Journal
No abstract provided.