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Full-Text Articles in Law
The Long Dying Of Nancy Cruzan, George J. Annas
The Long Dying Of Nancy Cruzan, George J. Annas
Faculty Scholarship
With the Nancy Cruzan decision, 1 the post-Reagan Supreme Court continued recreating America's legal landscape by transferring traditional rights from its citizens to state legislatures and state officials. Attorneys Bopp and Marzen see Cruzan as a cause for celebration. 2 The more common view is that it is a hollow acceptance of the technological imperative that requires all Americans to engage in extensive damage control. Given the composition of the Court, constituted by President Ronald Reagan to overrule Roe v. Wade, Bopp and Marzen correctly note that the result in Cruzan was "practically inevitable." But its inevitability does not …
"I Vote This Way Because I'M Wrong": The Supreme Court Justice As Epimenides, John M. Rogers
"I Vote This Way Because I'M Wrong": The Supreme Court Justice As Epimenides, John M. Rogers
Kentucky Law Journal
No abstract provided.
White On White: Anonymous Tips, Reasonable Suspicion, And The Constitution, David S. Rudstein
White On White: Anonymous Tips, Reasonable Suspicion, And The Constitution, David S. Rudstein
Kentucky Law Journal
No abstract provided.
Motivation Cases And W.S. Kirkpatrick & Co. V. Environmental Tectonics Corp., International, Christopher B. Walther
Motivation Cases And W.S. Kirkpatrick & Co. V. Environmental Tectonics Corp., International, Christopher B. Walther
Kentucky Law Journal
No abstract provided.
California V. Ferc: Federal Supremacy In Hydroelectric Power Continues, Jill K. Osborne
California V. Ferc: Federal Supremacy In Hydroelectric Power Continues, Jill K. Osborne
Kentucky Law Journal
No abstract provided.
"I Vote This Way Because I'M Wrong": The Supreme Court Justice As Epimenides, John M. Rogers
"I Vote This Way Because I'M Wrong": The Supreme Court Justice As Epimenides, John M. Rogers
Law Faculty Scholarly Articles
Possibly the most unsettling phenomenon in the Supreme Court's 1988 term was Justice White's decision to vote contrary to his own exhaustively stated reasoning in Pennsylvania v. Union Gas Co. His unexplained decision to vote against the result of his own analysis lends support to those who argue that law, or at least constitutional law, is fundamentally indeterminate. Proponents of the indeterminacy argument sometimes base their position on the allegedly inescapable inconsistency of decisions made by a multi-member court. There is an answer to the inconsistency argument, but it founders if justices sometimes vote, without explanation, on the basis of …