Constitutional Law Commons^™

Implications Of Fda Approval Of Ru-486: Regulating Mifepristone Within The Bounds Of The Constitution, Bradley E. Cunningham

Kentucky Law Journal

No abstract provided.

Religion, Establishment, And The Northwest Ordinance: A Closer Look At An Accommodationist Argument, Thomas Nathan Peters

Kentucky Law Journal

No abstract provided.

Procedural Rules Or Procedural Pretexts?: A Case Study Of Procedural Hurdles In Constitutional Challenges To The Texas Sodomy Law, Christopher R. Leslie

Kentucky Law Journal

No abstract provided.

Prayer In Public Schools After Santa Fe Independent School District, Mark W. Cordes

Kentucky Law Journal

No abstract provided.

Racial Profiling And Whren: Searching For Objective Evidence Of The Fourth Amendment On The Nation's Roads, Alberto B. Lopez

Kentucky Law Journal

No abstract provided.

Equal Protection, Rational Basis Review, And The Impact Of Cleburne Living Center, Inc., Richard B. Saphire

Kentucky Law Journal

No abstract provided.

Constitutional Standards For Suspicionless Student Drug Testing: A Moving Target, Benjamin Gerald Dusing

Kentucky Law Journal

No abstract provided.

The Constitutional Illegitimacy Of Expansive Judicial Power: A Populist Structural Interpretive Analysis, Jack Wade Nowlin

Kentucky Law Journal

No abstract provided.

Scaling The Wall Between Church And State: An Analysis Of The Constitutionality Of School Vouchers, Allison M. Olczak

Kentucky Law Journal

No abstract provided.

"[B]Etween The Devil And The Deep Blue Sea:"* A Look At The Fifth Amendment Implications Of Probation Programs For Sex Offenders Requiring Mandatory Admissions Of Guilt, Brendan J. Shevlin

Kentucky Law Journal

No abstract provided.

Some Realistic Thinking About Secular Effects, Paul E. Salamanca

Law Faculty Scholarly Articles

Notwithstanding complaints about incoherence in Establishment Clause doctrine, courts by and large administer the Clause responsibly. They do so by mediating between a number of powerful considerations, none of which can ever be entirely disregarded. These considerations include, but are not limited to, separation of church and state, the value of religiosity, the imperative of affording equal treatment to religious and similarly situated nonreligious entities, and the proper role of courts in a democratic political system. This is not to say that courts cannot overstep their bounds and provoke an adverse reaction from other powerful elements within the polity. It …

Constitutional Protection For Conversations Between Therapists And Clients, Paul E. Salamanca

Law Faculty Scholarly Articles

People have long perceived a connection between mental and even physical illness and physical anguish. Yet, modern culture tends to view both types of illness from an increasingly medical perspective, seeking a genetic or environmental explanation. In most cases, this “medical model” is probably the best approach, even if it is imperfect. First, the purely medical explanation may be accurate. Second, even if it is not accurate, treating the symptoms of a disease with a spiritual source is probably easier than treating the source itself. Ultimately, however, we must take note that disease is often not the result of genetics …

Justice Charles M. Leibson And The Revival Of State Constitutional Law: A Microcosm Of A Movement, Jennifer Digiovanni

Kentucky Law Journal

No abstract provided.

The Long Road Towards Restoration Of Religious Freedom: Congressional Options In Light Of City Of Boerne V. Flores, J. Jeffrey Patterson

Kentucky Law Journal

No abstract provided.

The Frankenstein Controversy: The Constitutionality Of A Federal Ban On Cloning, Anne Lawton

Kentucky Law Journal

No abstract provided.

The Role Of Religion In Public Life And Official Pressure To Participate In Alcoholics Anonymous, Paul E. Salamanca

Law Faculty Scholarly Articles

If religion is an innate aspect of the human experience, it should not be surprising that Alcoholics Anonymous (A.A.), a widely known and arguably religious support group for problem drinkers, has become a common and effective means of combating alcoholism. Also, it should not be surprising that probation officers, parole officers, judges, bar overseers, wardens, and myriad others exercising state authority routinely push individuals toward A.A. Arguably, however, official referral of problem drinkers to A.A. violates current interpretations of the Establishment Clause because of the quasi-religious nature of the program.

Although separationism helps both church and state, our Constitution does, …

The Commerce Clause Post-Lopez: It's Not Dead Yet, Nicole Huberfeld

Law Faculty Scholarly Articles

This Note focuses on two important pieces of social-policy legislation that could be affected by United States v. Lopez: the Violence against Women Act (VAWA) and the Freedom of Access to Clinic Entrances Act (FACE). Conflicts exist in the lower federal courts regarding the constitutionality of both statutes, which were enacted under the Commerce Clause. This Note seeks to resolve the dispute in favor of upholding both acts. Part I surveys the major cases in the history of the Commerce Clause as they relate to social-policy legislation, up to and including Lopez. Part II discusses the conflicting cases in the …

Convicted Sex Offenders V. Our Children: Whose Interests Deserve The Greater Protection?, Chrisandrea L. Turner

Kentucky Law Journal

No abstract provided.

Taking A Second Look At The Second Amendment And Modem Gun Control Laws, David E. Johnson

Kentucky Law Journal

No abstract provided.

Goodwin V. Turner: A Comparison Of American And Jewish Legal Perspectives On Procreation Rights Of Prisoners, Daniel Pollack, Chaim Steinmetz, Andrea Tellerman

Kentucky Law Journal

No abstract provided.

At Loggerheads: The Supreme Court And Racial Equality In Public School Education After Missouri V. Jenkins, Roberta M. Harding

Law Faculty Scholarly Articles

June 12th of 1995 marked a somber occasion in the annals of school desegregation litigation. On that day, the United States Supreme Court sent disturbing messages in its opinion in Missouri v. Jenkins. The Court's decision hinders achievement of the objective of school desegregation litigation—providing equal educational opportunities for African-American public school children—and detrimentally impacts other substantive areas of civil rights litigation. This article examines what I believe are several important general consequences of Jenkins's the impairment of a trial judge's discretionary equitable remedial powers; the Court's establishment of a new agenda that sacrifices the interests of African-American …

Reproductive Freedom: Abortion Rights Of Incarcerated And Non-Incarcerated Women, Sarah Tankersley

Kentucky Law Journal

No abstract provided.

Status Of Double Jeopardy And Forfeiture Law In The Sixth Circuit, Stefan D. Cassella

Kentucky Law Journal

No abstract provided.

The Supreme Court Limits The Fifth Amendment Right To Counsel By Requiring Clear Requests--Davis V. United States, Gregory J. Griffith

Kentucky Law Journal

No abstract provided.

Proportionality In Non-Capital Sentencing: The Supreme Court's Tortured Approach To Cruel And Unusual Punishment, Steven Grossman

Kentucky Law Journal

No abstract provided.

Prior Restraints On The Media And The Right To A Fair Trial: A Proposal For A New Standard, Alberto Bernabe-Riefkohl

Kentucky Law Journal

No abstract provided.

Defining Excessiveness: Applying The Eighth Amendment To Civil Forfeiture After Austin V. United States, Sarah N. Welling, Medrith Lee Hager

Law Faculty Scholarly Articles

 In 1971, agents of the federal government seized a $20,000 yaught after finding a small quantity of marijuana on board. Ten years later government agents confiscated a twenty-eight foot boat that held drugs consisting of one marijuana twig and two marijuana leaves. Since then, the government has taken possession of a $250,000 home because a drug transaction occurred in a car parked in the driveway and of a smaller dwelling because the owner used the telephone inside to set up a drug deal at another location. In another incident, local, county, state, and federal agents shot and killed the owner …

Beware That False First Step, David R. Fine

Kentucky Law Journal

No abstract provided.

Legislative Process And Commercial Law: Lessons From The Copyright Act Of 1976 And The Uniform Commercial Code, Harold R. Weinberg, William J. Woodward Jr.

Law Faculty Scholarly Articles

Overlap and conflict are inevitable in any legal system in which a federal government and state governments both have authority to enact laws. In our federal system, the Constitution's Supremacy Clause identifies federal law as preeminent in case of conflict. When conflict develops and litigation is required to determine whether state or federal law controls the issue at hand, our system analyzes the problem using the term preemption as a basis for analysis.

This Article explores the federal legislative process that precedes judicial preemption decisions. By studying the legislative process for its sensitivity to preemption issues, possible ways to modify …

The Right Of The People To Be Secure, Ronald J. Bacigal

Kentucky Law Journal

No abstract provided.