Constitutional Law Commons^™

Kentucky's Alford Predicament: The Case For Curbing Qualified Guilty Pleas In The Commonwealth, Ben Whatley

Kentucky Law Journal

No abstract provided.

The Right To Have Rights In United States Territories, Anthony M. Ciolli

Kentucky Law Journal

No abstract provided.

The Duty To Develop Imperative In Immigration Proceedings, Sabrineh Ardalan, Tiffany J. Lieu

Kentucky Law Journal

No abstract provided.

History And Tradition Of Inequality, Advocacy, And Progress, Teri Dobbins Baxter

Kentucky Law Journal

No abstract provided.

Against First Amendment Traditionalism, Jacob M. Schriner-Briggs

Kentucky Law Journal

No abstract provided.

Congress's Mistaken Ip Power And Our Hybrid Constitutionalism, Barry P. Mcdonald

Kentucky Law Journal

No abstract provided.

Impeachment Can Be Based On Non-Criminal Misconduct: Corpus-Linguistic And Historical Evidence, Clark D. Cunningham, Ute Römer-Barron

Kentucky Law Journal

No abstract provided.

Party Over Country: The Inability For Congress To Check The Executive, Jordin A. Dickerson

Kentucky Law Journal

No abstract provided.

Federal Prosecution In The Shadows Of Constitutional Immunity, J. Richard Broughton

Kentucky Law Journal

No abstract provided.

"Blocking Out The Haters:" Government Officials Create Split Among Federal Judiciary, Andrew Weisgerber

Kentucky Law Journal

No abstract provided.

The Next Generation, Jeremiah Chin

Kentucky Law Journal

No abstract provided.

New Challenges To Judicial Federalism, James A. Gardner

Kentucky Law Journal

No abstract provided.

The Wages Of Hitching Wagons, Thomas B. Bennett

Kentucky Law Journal

No abstract provided.

Courting Jural Rights: The Kentucky Constitution And The Super Common Law Of Torts, Sarah L. Swan

Kentucky Law Journal

No abstract provided.

The Right To Record Police Must Be Clearly Established, Cole S. Manion

Kentucky Law Journal

No abstract provided.

The Cost Of Our Constitutional Rights: An Examination Of Prison Medical Treatment For Hepatitis-C, M. Abigail Schueler

Kentucky Law Journal

No abstract provided.

The Solutions Lies In Prevention: How Implementing Preventative Human Trafficking Education Into Public High Schools Is The Key To Abolishing Human Trafficking, Rachael Beller

Kentucky Law Journal

No abstract provided.

Equality Can Stick With Bostock: A Call To Expand The Equal Protection Clause To Include Discrimination Against Transgender People's Bathroom Usage, Jackson B. Hurst-Sanders

Kentucky Law Journal

No abstract provided.

Objective Deliberate Indifference Only: Pretrial Detainees' Fourteenth Amendment Substantive Due Process Rights Demand Protection In The Context Of Mental Illness And Substance Use Disorder, Jessica Lewis

Kentucky Law Journal

No abstract provided.

Fines, Fees, & Felon Disenfranchisement: An Unjust Punishment Barring A Fundamental Right, Molly Crain

Kentucky Law Journal

No abstract provided.

A New Report Of Entick V. Carrington (1765), T. T. Arvind, Christian R. Burset

Kentucky Law Journal

No abstract provided.

Faux Federalism, Amanda B. Hurst

Kentucky Law Journal

No abstract provided.

Protecting Unbelief: Restoring Section Five Of Kentucky's Constitution, Samuel Weaver

Kentucky Law Journal

No abstract provided.

The Ratchet Wreck: Equality's Leveling Down Problem, Louis Michael Seidman

Kentucky Law Journal

No abstract provided.

Cruel And Unusual Camping, Cameron Baskett

Kentucky Law Journal

No abstract provided.

Administering Money: Coinage, Debt Crises, And The Future Of Fiscal Policy, Rohan Grey

Kentucky Law Journal

No abstract provided.

Incarceration Reimagined: A Diversionary Option For Serious Felony Offenders, Jane Mitchell

Kentucky Law Journal

No abstract provided.

Common Law Executive Privilege(S), Jonathan Shaub

Law Faculty Scholarly Articles

There are few Supreme Court cases that enjoy as much widespread support as the unanimous decision in United States v. Nixon. The recent pitched battles between Congress and the executive branch have made apparent the vast disagreement between the two branches over access to information. But that disagreement does not extend to Nixon, the unquestioned jurisprudential foundation for the doctrine of executive privilege. Closer inspection shows, however, that this foundation is not a stable one, but one constructed from unnecessary, ill-considered dicta.

As this Article demonstrates, Nixon conflated the constitutional question about one branch’s power vis-à-vis another branch with an …

The Power Of The Electorate Under State Constitutions, Joshua A. Douglas

Law Faculty Scholarly Articles

Voters are special. They are the foundation of our constitutional democracy. Everything starts with the voters.

State constitutions, too, are special, as the recent surge in scholarship on state constitutions demonstrates.

This Article bridges the gap between various strands of scholarship on state constitutions, the right to vote, and democracy, making several novel claims about the way in which state constitutions protect voters. First, this Article canvasses all fifty state constitutions to conclude that they contain multiple levels of protection for the right to vote through numerous clauses that, in combination, elevate the status of voters in the constitutional structure. …

Deepfakes And Dog Toys: First Amendment Defenses Under The Rogers Test After Jack Daniel’S V. Vip Products, Michael D. Murray

Law Faculty Scholarly Articles

Given that deepfakes are almost always associated with expression of some kind, any attempt to litigate or regulate deepfakes will require the consideration of the First Amendment. Deepfakes implicate so many areas of law and society that a discussion of the interface of First Amendment free speech rights and deepfakes writ large would require a treatise volume with several chapters. This article is more modest: It will examine the past, present, and future use of the Rogers test in an evaluation of the application of First Amendment protections in trademark infringement cases and in legal actions traditionally associated with the …