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University of Kentucky

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Articles 181 - 210 of 482

Full-Text Articles in Constitutional Law

Constitutional Interpretation And Activist Fantasies, Raoul Berger Jan 1993

Constitutional Interpretation And Activist Fantasies, Raoul Berger

Kentucky Law Journal

No abstract provided.


Economic Substantive Due Process And The Right Of Livelihood, Wayne Mccormack Jan 1993

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 Jan 1993

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 Jun 1992

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 Jan 1992

Tuskegee Modern, Or Group Rights Under The Constitution, Richard A. Epstein

Kentucky Law Journal

No abstract provided.


Rule Of Men, John C. Roach Jan 1992

Rule Of Men, John C. Roach

Kentucky Law Journal

No abstract provided.


Alternatives To Entanglement, David E. Steinberg Jan 1992

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 Jan 1992

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 Jan 1992

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 Jan 1992

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 Jan 1992

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 Jan 1992

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 Jan 1991

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 Jan 1991

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 Jan 1991

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 Jan 1991

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. Jan 1991

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 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 …


Protecting The Innocent: Confrontation, Coy V. Iowa, And Televised Testimony In Child Sexual Abuse Cases, Randal C. Shaffer Jan 1990

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 Jan 1989

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 Jan 1989

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 Jan 1989

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 Jan 1989

Commentary On Senate Confirmation Of Supreme Court Justices, Thomas P. Lewis

Kentucky Law Journal

No abstract provided.


Constitutional Protections In Fbi Investigations, William Sessions Jan 1989

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 Jan 1989

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 Jan 1989

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 Jan 1988

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 Jan 1988

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 Jan 1988

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 Jan 1988

Meredith Corp. V. Fcc: The Demise Of The Fairness Doctrine, Donna J. Schoaff

Kentucky Law Journal

No abstract provided.