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Full-Text Articles in Law

The Long Dying Of Nancy Cruzan, George J. Annas Jan 1991

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 Jan 1991

"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 Jan 1991

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 Jan 1991

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 Jan 1991

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 Jan 1991

"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 …