Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- SCOTUS (6)
- Grutter v. Bollinger (3)
- Affirmative action (2)
- Executive spending plan (2)
- Gratz v. Bollinger (2)
-
- Judicial review (2)
- Kentucky (2)
- Paul Patton (2)
- 14th Amendment (1)
- Branches of government (1)
- Budget (1)
- Budget crisis (1)
- Charitable organization (1)
- Commonwealth of Kentucky (1)
- Constitutional law (1)
- Constitutional theory (1)
- Constitutionality (1)
- Democratic decisionmaking (1)
- Education (1)
- Equal Protection Clause (1)
- Equal protection (1)
- Establishment Clause (1)
- Executive branch (1)
- Federalism (1)
- Formal neutrality (1)
- Fourteenth Amendment (1)
- Funding (1)
- General Assembly (1)
- Georgia v. Ashcroft (1)
- Government (1)
- Publication Type
Articles 1 - 9 of 9
Full-Text Articles in Law
Race Conscious Affirmative Action By Tax Exempt 501(C)(3) Corporations After Grutter And Gratz, David A. Brennen
Race Conscious Affirmative Action By Tax Exempt 501(C)(3) Corporations After Grutter And Gratz, David A. Brennen
Law Faculty Scholarly Articles
The Equal Protection Clause of the Fourteenth Amendment generally acts as a legal limit on the permissible bounds of government action. Accordingly, public universities and other government entities are constitutionally prohibited from engaging in acts that violate equal protection of the laws. The Supreme Court recently reinforced this point when it ruled, in two related cases, that public universities may consider the race of applicants when making admissions decisions, so long as an applicant's race does not amount to a deciding factor when granting admission. By its very terms, the constitutional limitation imposed by the Equal Protection Clause only directly …
Quo Vadis: The Continuing Metamorphosis Of The Establishment Clause Toward Realistic Substantive Neutrality, Paul E. Salamanca
Quo Vadis: The Continuing Metamorphosis Of The Establishment Clause Toward Realistic Substantive Neutrality, Paul E. Salamanca
Law Faculty Scholarly Articles
For years, the rhetoric of substantive neutrality has dominated interpretation of the Establishment Clause. Under this approach, courts and commentators purport to ask whether a public policy under scrutiny is likely to affect religious choices in an unacceptable way. In fact, so broadly has this approach been taken that both separationists and accommodationists resort to it freely, although with radically differing perceptions as to when policy becomes unacceptable. Arguably, however, adherents to this approach have paid insufficient attention to religious behavior per se. Had they paid sufficient attention to this phenomenon, they would have been forced to acknowledge that little …
The Constitutionality Of An Executive Spending Plan, Paul E. Salamanca
The Constitutionality Of An Executive Spending Plan, Paul E. Salamanca
Kentucky Law Journal
No abstract provided.
A Comment On The Litigation Strategy, Judicial Politics And Political Context Which Produced Grutter And Gratz, Sheryl G. Snyder
A Comment On The Litigation Strategy, Judicial Politics And Political Context Which Produced Grutter And Gratz, Sheryl G. Snyder
Kentucky Law Journal
No abstract provided.
Affirmative Action, Race, And The Constitution: From Bakke To Grutter, Robert A. Sedler
Affirmative Action, Race, And The Constitution: From Bakke To Grutter, Robert A. Sedler
Kentucky Law Journal
No abstract provided.
Democracy, Not Deference: An Egalitarian Theory Of Judicial Review, Ronald C. Den Otter
Democracy, Not Deference: An Egalitarian Theory Of Judicial Review, Ronald C. Den Otter
Kentucky Law Journal
No abstract provided.
Federalism And The Federal Prosecution Of State And Local Corruption, Peter J. Henning
Federalism And The Federal Prosecution Of State And Local Corruption, Peter J. Henning
Kentucky Law Journal
No abstract provided.
Affirmative Action In The Workplace: The Significance Of Grutter?, Rebecca Hanner White
Affirmative Action In The Workplace: The Significance Of Grutter?, Rebecca Hanner White
Kentucky Law Journal
No abstract provided.
The Constitutionality Of An Executive Spending Plan, Paul E. Salamanca
The Constitutionality Of An Executive Spending Plan, Paul E. Salamanca
Law Faculty Scholarly Articles
Operation of government in the absence of appropriations has become relatively common in the United States, particularly when projected expenses exceed projected revenue, making adoption of a budget a difficult task for the legislature. This Article focuses on the budget crisis in the Commonwealth of Kentucky from 2002 through 2003. In Part I, this Article recapitulates the history of the spending plan, including the action filed in Franklin Circuit Court to affirm its constitutionality. In Part II, this Article discusses certain theoretical, historical, and legal principles that inform analysis of the plan. In Part III, it considers certain deviations and …