Law Commons^™

Personal Jurisdiction And The Stream Of Commerce Theory: A Reappraisal And A Revised Approach, Mollie A. Murphy

Kentucky Law Journal

No abstract provided.

Sodomy Statutes, The Ninth Amendment, And The Aftermath Of Bowers V. Hardwick, John R. Hamilton

Kentucky Law Journal

No abstract provided.

Memorandum Regarding Judicial Philosophy Of Robert Bork [1987], Anonymous

Historical and Topical Legal Documents

No abstract provided.

Memorandum Concerning Robert Bork [1987], Anonymous

Historical and Topical Legal Documents

No abstract provided.

Letter From Peter J. Wallison To President Reagan Regarding Questions To Ask Rehnquist And Scalia [1986], Peter J. Wallison

Historical and Topical Legal Documents

No abstract provided.

Memo From Peter J. Wallison To President Reagan Regarding Rehnquist And Scalia [1986], Peter J. Wallison

Historical and Topical Legal Documents

No abstract provided.

Raul Memorandum Regarding Antonin Scalia, Alan Charles Raul

Historical and Topical Legal Documents

No abstract provided.

Biographical Information Regarding Anthony Kennedy From White House Supreme Court Nominee Binder, Anonymous

Historical and Topical Legal Documents

No abstract provided.

Memorandum Regarding Robert Bork As A Possible Supreme Court Nominee [1986], Anonymous

Historical and Topical Legal Documents

No abstract provided.

Separation Of Political Powers: Boundaries Or Balance, Alan L. Feld

Faculty Scholarship

One of the most significant structural elements of the United States Constitution divides the political power of the government between two discrete political institutions, the Congress and the President, in order to prevent concentration of the full power of the national government in one place. This governmental structure has posed a continuing dilemma of how to allow for the shared decisionmaking necessary to effective government while maintaining the independence of each political branch. As the United States Congress reaches its two hundredth anniversary, questions concerning the relationship between Congress and the President, for a substantial time thought by legal scholars …

Buchanan Letter Regarding Supreme Court July 1985, Patrick J. Buchanan

Historical and Topical Legal Documents

No abstract provided.

Separation Of Powers, Legislative Vetoes, And The Public Lands, Eugene R. Gaetke

Law Faculty Scholarly Articles

The Supreme Court's decision in Immigration and Naturalization Service v. Chadha struck a serious, if not fatal, blow to the constitutional acceptability of the legislative veto. In Chadha the Court held that a provision of the Immigration and Naturalization Act, which permitted one House of Congress to reverse a decision by the Attorney

General not to deport an alien, was a violation of the doctrine of separation of powers since it did not comply with the requirements of passage by both Houses of Congress and presentment to the President. In light of that decision, the constitutionality of nearly 200 statutes …

Incest Statutes And The Fundamental Right Of Marriage: Is Oedipus Free To Marry?, Carolyn S. Bratt

Law Faculty Scholarly Articles

The U.S. Supreme Court has found that the right to marry is a constitutionally protected right. That right is restricted, however, by state incest statutes which impede marriage between adults by making some choices of a marriage partner illegal. The constitutional validity of modern state incest statutes is difficult to analyze because of shifting definitions, reflexive fears, ambivalent attitudes, and underlying facile generalizations.

The mere word "incest" triggers strong feelings of revulsion in most people. Therefore, any a priori labeling of a marriage as incestuous tends to preclude objective thought about the permissibility of the particular form of the marriage …

The Supreme Court's Opinion In The Inwood Case: Declination Of Duty, Kenneth B. Germain

Kentucky Law Journal

No abstract provided.

A Reprise On Herbert V. Lando And The Law Of Defamation, Howard O. Hunter

Kentucky Law Journal

No abstract provided.

Memorandum Regarding Selection Of Sandra Day O'Connor As Supreme Court Nominee, William French Smith

Historical and Topical Legal Documents

No abstract provided.

Short List Of Candidates For Supreme Court [1981], Anonymous

Historical and Topical Legal Documents

No abstract provided.

Applying The International Law Of Sovereign Immunity To The States Of The Union, John M. Rogers

Law Faculty Scholarly Articles

A state of the Union may preserve its immunity from suit in its own courts, and the Constitution restricts its amenability to suit in the federal courts. Yet in Nevada v. Hall the Supreme Court held that in a motor-vehicle accident case a state cannot claim a constitutional immunity from suit in the courts of a sister state. The Court indicated, however, that if a suit involved a defendant state's “capacity to fulfill its own sovereign responsibilities,” different constitutional considerations might control. In vigorous dissents Justices Blackmun and Rehnquist argued that the reasoning of the majority precluded even this possibility. …

Implied Rights Of Action, Tamar Frankel

Faculty Scholarship

In Transamerica Mortgage Advisors, Inc. (TAMA) v. Lewis,¹ the United States Supreme Court declined to imply a private right of action for damages under the Investment Advisers Act of 1940.² Transamerica is the most recent of a series of Supreme Court decisions limiting the availability and scope of implied private actions under the federal securities laws.³ It stands in sharp contrast to J.L Case Co. v. Borak,⁴ a 1964 decision in which the Court seemed to extend an open invitation to "private attorneys general" to supplement SEC enforcement with private damage actions.

The Court's withdrawal from …

Justice Reed And His Family Of Law Clerks, Bennett Boskey

Kentucky Law Journal

No abstract provided.

Union Waiver Of Employee Rights Under The National Labor Relations Act, Michael C. Harper

Faculty Scholarship

The author formulates a principle, based on the Supreme Court decision in NLRB v. Magnavox, to distinguish which employee rights protected by section 7 may not be waived by unions in collective bargaining agreements. In this article, the non-waiver principle is applied to the right to strike. In the next issue, Professor Harper will address application of the principle to Board deferral to arbitration, drawing on former Board Chairman Murphy's swing vote opinion in General American Transportation Corp.

Union Waiver Of Nlra Rights: Part 2-- A Fresh Approach To Board Deferral To Arbitration, Michael C. Harper

Faculty Scholarship

The author applies the non-waiverprinciple developed in Part I of this article to Board deferral to arbitration. Former Chairman Murphy's concurring opinion in General American Transportation Corp. is evaluated in light of the non- waiver princple. The author analyzes the issues not properly resolved in that opinion, while demonstrating its basic insight.

In Part 1 of this essay, I explored the implications of the Supreme Court's holding in NLRP v. Magnavox Co. that exclusive bargaining agents do not have the authority to waive certain rights protected by section 7 of the National Labor Relations Act. Drawing on Magnavox, …

Standing To Sue In Fair Housing Cases, Robert G. Schwemm

Law Faculty Scholarly Articles

Few procedural issues have commanded more attention from the Supreme Court in recent years than standing. The question of who is a proper party to bring a particular claim has arisen in a variety of contexts, but the Court has been especially active in addressing standing problems in cases concerning allegations of housing discrimination. The recent decision of Gladstone Realtors v. Village of Bellwood marked the fifth time in the past decade that the justices have decided a fair housing case on standing grounds.

The Supreme Court's determination to emphasize standing issues in many of its early fair housing opinions …

Special Report On Endangered Species And New Life Forms: Conversation With A Cockroach, George J. Annas

Faculty Scholarship

On June 15, 1978, the United States Supreme Court ruled that the Endangered Species Act of 1973 required the enjoining of the operation of a virtually completed dam, the Tellico Dam in Tennessee, because of a determination by the Secretary of the Interior that its operation would eradicate the snail darter, an endangered species.

Santa Fe Industries, Inc. V. Green: An Analysis Two Years Later, Rutheford B. Campbell Jr.

Law Faculty Scholarly Articles

In 1977, the Supreme Court decided Santa Fe Industries, Inc. v. Green. Although the outcome of that decision should have surprised no one, since the trend of the Court clearly had been to constrict the scope of the federal securities legislation, the case was a major decision that will have a substantial impact on the development of corporate law in this country. Indeed, it may turn out to be one of the most significant corporate cases decided by the Supreme Court in recent years. Since by this point the dust has settled from the case, it seems appropriate to …

From Washington To Arlington Heights And Beyond: Discriminatory Purpose In Equal Protection Litigation, Robert G. Schwemm

Law Faculty Scholarly Articles

When the Supreme Court decided Washington v. Davis on June 7, 1976, it began a new era in civil rights law. Rejecting the contention that state action is unconstitutional solely because it operates to injure more blacks than whites, the Court held that proof of discriminatory purpose is necessary to establish a claim of racial discrimination under the equal protection clause. In two cases decided the following term—Village of Arlington Heights v. Metropolitan Housing Development Corp. and Castaneda v. Partida—the Court reaffirmed its commitment to the discriminatory purpose requirement, but was badly divided on how to apply the …

The Constitutional Right To One's Good Name: An Examination Of The Scholarship Of Mr. Justice Rehnquist, Mark Tushnet

Kentucky Law Journal

No abstract provided.

Credibility And Character: A Different Look At An Interminable Problem, Robert G. Lawson

Law Faculty Scholarly Articles

The problems of character evidence "resolved" by the new Federal Rules are problems that involve the structure of human personality. The judgmental processing by jurors of character information involves a behavioral transaction called interpersonal perception. Each of these psychological problems has been intensively investigated for nearly 40 years. As the character problems of the law now take on the appearance of having been solved, there is not the slightest indication that the results of this scientific endeavor influenced the choices made by the law. The solutions to these problems composed by the Judicial Conference and embraced by the Supreme Court …

Executive Powers: The Role Of The Supreme Court In An Expanding Presidency, Gale M. Filter

All Student Theses

In the "Pacificus-Helvidius" debate of 1793, Alexander Hamilton locked horns with James Madison in a classic exchange of broadsides on the issue of express versus inherent executive powers. In his interpretation of presidential powers, Hamilton sows the seeds for an argument which justifies the exercise of executive powers in combating situations of domestic emergency and in matters concerning the general welfare or public interest. The seeds of this theory took firm root more than sixty years later in the administration of Abraham Lincoln. Subsequently, the growth of these roots was stimulated by the Supreme Court's decisions in the famous cases …

A Critique Of The Recent Supreme Court Obscenity Decisions, Herald Price Fahringer, Michael J. Brown

Kentucky Law Journal

No abstract provided.