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Articles 181 - 210 of 482
Full-Text Articles in Constitutional Law
Constitutional Interpretation And Activist Fantasies, Raoul Berger
Constitutional Interpretation And Activist Fantasies, Raoul Berger
Kentucky Law Journal
No abstract provided.
Economic Substantive Due Process And The Right Of Livelihood, Wayne Mccormack
Economic Substantive Due Process And The Right Of Livelihood, Wayne Mccormack
Kentucky Law Journal
No abstract provided.
Wild Dunes And Serbonian Bogs: The Impact Of The Lucas Decision On Shoreline Protection Programs, Richard C. Ausness
Wild Dunes And Serbonian Bogs: The Impact Of The Lucas Decision On Shoreline Protection Programs, Richard C. Ausness
Law Faculty Scholarly Articles
In Lucas v. South Carolina Coastal Council, the United Supreme Court was forced once again to delve into the law of regulatory takings. This experience is seldom a pleasant one. Echoing the poet John Milton, an exasperated state court judge once described takings law as a “Serbonian Bog.” Unfortunately, the takings doctrine is only slightly more comprehensible after the Lucas decision than it was before. Nevertheless, progress in this area, however modest, deserves praise, and the Court is to be commended for clarifying one aspect of takings jurisprudence. As a result of Lucas a “categorical rule” has been announced …
A Sleeping Giant: §2 Of The Kentucky Constitution, Allison I. Connelly
A Sleeping Giant: §2 Of The Kentucky Constitution, Allison I. Connelly
Law Faculty Popular Media
In this newsletter article, Professor Connelly discusses Section 2 of the Kentucky Constitution which prohibits the exercise of arbitrary official power.
Tuskegee Modern, Or Group Rights Under The Constitution, Richard A. Epstein
Tuskegee Modern, Or Group Rights Under The Constitution, Richard A. Epstein
Kentucky Law Journal
No abstract provided.
Rule Of Men, John C. Roach
Alternatives To Entanglement, David E. Steinberg
Alternatives To Entanglement, David E. Steinberg
Kentucky Law Journal
No abstract provided.
Celebrating (?) The Bill Of Rights: The Root, Branch, And Foliage Of American Liberty, Norman Dorsen
Celebrating (?) The Bill Of Rights: The Root, Branch, And Foliage Of American Liberty, Norman Dorsen
Kentucky Law Journal
No abstract provided.
Dancing To Music: An Interpretation Of Mutuality, Ronald R. Garet
Dancing To Music: An Interpretation Of Mutuality, Ronald R. Garet
Kentucky Law Journal
No abstract provided.
Jural Rights Under Kentucky's Constitution: Realities Grounded In Myth, Thomas P. Lewis
Jural Rights Under Kentucky's Constitution: Realities Grounded In Myth, Thomas P. Lewis
Kentucky Law Journal
No abstract provided.
Birth Control As A Condition Of Probation--A New Weapon In The War Against Child Abuse, Thomas E. Bartrum
Birth Control As A Condition Of Probation--A New Weapon In The War Against Child Abuse, Thomas E. Bartrum
Kentucky Law Journal
No abstract provided.
Part Of The Moving Stream: State Constitutional Law, Sodomy, And Beyond, Shirley A. Wiegand, Sara Farr
Part Of The Moving Stream: State Constitutional Law, Sodomy, And Beyond, Shirley A. Wiegand, Sara Farr
Kentucky Law Journal
No abstract provided.
Granfinanciera, Northern Pipeline, And "Public Rights": May A Bankruptcy Judge Preside Over A Jury Trial?, Mitchell Hall
Granfinanciera, Northern Pipeline, And "Public Rights": May A Bankruptcy Judge Preside Over A Jury Trial?, Mitchell Hall
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.
Anticipatory Search Warrants: Constitutionality, Requirements, And Scope, James A. Adams
Anticipatory Search Warrants: Constitutionality, Requirements, And Scope, James A. Adams
Kentucky Law Journal
No abstract provided.
Double Jeopardy Analysis Comes Home: The "Same Conduct" Standard In Grady V. Corbin, James M. Herrick
Double Jeopardy Analysis Comes Home: The "Same Conduct" Standard In Grady V. Corbin, James M. Herrick
Kentucky Law Journal
No abstract provided.
Employment Division V. Smith: Overlooking The Middle Ground In Free Exercise Analysis, William L. Montague Jr.
Employment Division V. Smith: Overlooking The Middle Ground In Free Exercise Analysis, William L. Montague Jr.
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 …
Protecting The Innocent: Confrontation, Coy V. Iowa, And Televised Testimony In Child Sexual Abuse Cases, Randal C. Shaffer
Protecting The Innocent: Confrontation, Coy V. Iowa, And Televised Testimony In Child Sexual Abuse Cases, Randal C. Shaffer
Kentucky Law Journal
No abstract provided.
The Role Of Ideology In Senate Confirmation Of Supreme Court Justices, Jeffrey A. Segal, Albert D. Cover, Charles M. Cameron
The Role Of Ideology In Senate Confirmation Of Supreme Court Justices, Jeffrey A. Segal, Albert D. Cover, Charles M. Cameron
Kentucky Law Journal
No abstract provided.
The Changing Importance Of Ideology, Party, And Region In Confirmation Of Supreme Court Nominees, 1953-1988, John D. Felice, Herbert F. Weisberg
The Changing Importance Of Ideology, Party, And Region In Confirmation Of Supreme Court Nominees, 1953-1988, John D. Felice, Herbert F. Weisberg
Kentucky Law Journal
No abstract provided.
Commentary On Senate Confirmation Of Supreme Court Justices: The Roles Of Organized And Unorganized Interests, Gregory A. Caldeira
Commentary On Senate Confirmation Of Supreme Court Justices: The Roles Of Organized And Unorganized Interests, Gregory A. Caldeira
Kentucky Law Journal
No abstract provided.
Commentary On Senate Confirmation Of Supreme Court Justices, Thomas P. Lewis
Commentary On Senate Confirmation Of Supreme Court Justices, Thomas P. Lewis
Kentucky Law Journal
No abstract provided.
Constitutional Protections In Fbi Investigations, William Sessions
Constitutional Protections In Fbi Investigations, William Sessions
Kentucky Law Journal
No abstract provided.
Prosecutorial Indiscretion And The United States Congress: Expanding The Jurisdiction Of The Independent Counsel, Brian A. Cromer
Prosecutorial Indiscretion And The United States Congress: Expanding The Jurisdiction Of The Independent Counsel, Brian A. Cromer
Kentucky Law Journal
No abstract provided.
The Independence Of The Judiciary: A Critical Aspect Of The Confirmation Process, Randall R. Rader
The Independence Of The Judiciary: A Critical Aspect Of The Confirmation Process, Randall R. Rader
Kentucky Law Journal
No abstract provided.
The Federalist Papers And The Constitution Of The United States, Peter E. Quint
The Federalist Papers And The Constitution Of The United States, Peter E. Quint
Kentucky Law Journal
No abstract provided.
Reflections On The Senate's Role In The Judicial Impeachment Process And Proposals For Change, Mitch Mcconnell
Reflections On The Senate's Role In The Judicial Impeachment Process And Proposals For Change, Mitch Mcconnell
Kentucky Law Journal
No abstract provided.
Low-Level Equal Protection: The Scope And Logic Of Deferential Review, R. George Wright
Low-Level Equal Protection: The Scope And Logic Of Deferential Review, R. George Wright
Kentucky Law Journal
No abstract provided.
Meredith Corp. V. Fcc: The Demise Of The Fairness Doctrine, Donna J. Schoaff
Meredith Corp. V. Fcc: The Demise Of The Fairness Doctrine, Donna J. Schoaff
Kentucky Law Journal
No abstract provided.