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Constitutional Law Commons™

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University of Kentucky

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Articles 211 - 240 of 482

Full-Text Articles in Constitutional Law

Passing The Confrontation Clause Stop Sign: Is All Hearsay Constitutionally Admissible?, Joanne A. Epps Jan 1988

Passing The Confrontation Clause Stop Sign: Is All Hearsay Constitutionally Admissible?, Joanne A. Epps

Kentucky Law Journal

No abstract provided.


An Essay On The Constitutional Parameters Of Federal Impeachment, Ronald D. Rotunda Jan 1988

An Essay On The Constitutional Parameters Of Federal Impeachment, Ronald D. Rotunda

Kentucky Law Journal

No abstract provided.


Judicial Discipline: A Legislative Perspective, Robert W. Kastenmeier, Michael J. Remington Jan 1988

Judicial Discipline: A Legislative Perspective, Robert W. Kastenmeier, Michael J. Remington

Kentucky Law Journal

No abstract provided.


The Establishment Clause And Nativity Scenes: A Reassessment Of Lynch V. Donnelly, Richard S. Myers Jan 1988

The Establishment Clause And Nativity Scenes: A Reassessment Of Lynch V. Donnelly, Richard S. Myers

Kentucky Law Journal

No abstract provided.


Comments On Professor Rotunda's Essay, Richard H. Underwood Jan 1988

Comments On Professor Rotunda's Essay, Richard H. Underwood

Kentucky Law Journal

No abstract provided.


The Unwed Father And The Right To Know Of His Child's Existence, John R. Hamilton Jan 1988

The Unwed Father And The Right To Know Of His Child's Existence, John R. Hamilton

Kentucky Law Journal

No abstract provided.


"Face--To Television Screen--To Face": Testimony By Closed-Circuit Television In Cases Of Alleged Child Abuse And The Confrontation Right, John Patrick Grant Jan 1987

"Face--To Television Screen--To Face": Testimony By Closed-Circuit Television In Cases Of Alleged Child Abuse And The Confrontation Right, John Patrick Grant

Kentucky Law Journal

No abstract provided.


Stanley + Ferber = The Constitutional Crime Of At-Home Child Pornography Possession, Josephine R. Potuto Jan 1987

Stanley + Ferber = The Constitutional Crime Of At-Home Child Pornography Possession, Josephine R. Potuto

Kentucky Law Journal

No abstract provided.


Sodomy Statutes, The Ninth Amendment, And The Aftermath Of Bowers V. Hardwick, John R. Hamilton Jan 1987

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

Kentucky Law Journal

No abstract provided.


The Removal Power And The Federal Deficit: Form, Substance, And Administrative Independence, Jonathan L. Entin Jan 1987

The Removal Power And The Federal Deficit: Form, Substance, And Administrative Independence, Jonathan L. Entin

Kentucky Law Journal

No abstract provided.


Justice Sanford And Modern Free Speech Analysis: Back To The Future?, Philip J. Prygoski Jan 1986

Justice Sanford And Modern Free Speech Analysis: Back To The Future?, Philip J. Prygoski

Kentucky Law Journal

No abstract provided.


Exclusion Of Patrons And Horsemen From Racetracks: A Legal, Practical And Constitutional Dilemma, John J. Kropp, J. Jeffrey Landen, Monica A. Donath Jan 1986

Exclusion Of Patrons And Horsemen From Racetracks: A Legal, Practical And Constitutional Dilemma, John J. Kropp, J. Jeffrey Landen, Monica A. Donath

Kentucky Law Journal

No abstract provided.


Separation Of Powers, Legislative Vetoes, And The Public Lands, Eugene R. Gaetke Apr 1985

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 …


Cordless Telephones And The Fourth Amendment: A Trap For The Unwary Consumer, Mark S. Snell Jan 1985

Cordless Telephones And The Fourth Amendment: A Trap For The Unwary Consumer, Mark S. Snell

Kentucky Law Journal

No abstract provided.


The Civil Rights Pornography Ordinances--An Examination Under The First Amendment, Valerie J. Hamm Jan 1985

The Civil Rights Pornography Ordinances--An Examination Under The First Amendment, Valerie J. Hamm

Kentucky Law Journal

No abstract provided.


Public Access Channels In Cable Television: The Economic Scarcity Rationale Of Berkshire V. Burke, Laurel L.F. Garrett Jan 1985

Public Access Channels In Cable Television: The Economic Scarcity Rationale Of Berkshire V. Burke, Laurel L.F. Garrett

Kentucky Law Journal

No abstract provided.


Equal Protection Scrutiny Of High School Athletics, Barbara L. Pryor Jan 1984

Equal Protection Scrutiny Of High School Athletics, Barbara L. Pryor

Kentucky Law Journal

No abstract provided.


The Separation Of Governmental Powers Under The Constitution Of Kentucky: A Legal And Historical Analysis Of L.R.C. V. Brown, Sheryl G. Snyder, Robert M. Ireland Jan 1984

The Separation Of Governmental Powers Under The Constitution Of Kentucky: A Legal And Historical Analysis Of L.R.C. V. Brown, Sheryl G. Snyder, Robert M. Ireland

Kentucky Law Journal

No abstract provided.


Privacy And The Sex Bfoq: An Immodest Proposal, Carolyn S. Bratt Jan 1984

Privacy And The Sex Bfoq: An Immodest Proposal, Carolyn S. Bratt

Law Faculty Scholarly Articles

Since the adoption of Title VII of the Civil Rights Act of 1964, courts have been called upon to determine whether an employer can avoid liability for refusing to hire employees of one sex by invoking the privacy rights of its customers. Two recent court decisions are illustrative of the question and its resolution. In Backus v. Baptist Medical Center, the defendant employer's policy of excluding male nurses from the labor and delivery section of its obstetrics and gynecology department was challenged. The defendant established that most of the duties of a labor and delivery nurse involve exposure to …


Incest Statutes And The Fundamental Right Of Marriage: Is Oedipus Free To Marry?, Carolyn S. Bratt Jan 1984

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 …


Fraud Between Sexual Partners Regarding The Use Of Contraceptives, Diane M. Carlton Jan 1983

Fraud Between Sexual Partners Regarding The Use Of Contraceptives, Diane M. Carlton

Kentucky Law Journal

No abstract provided.


Kentucky's New Abortion Law: Searching For The Outer Limits Of Permissible Regulation, Keith Moorman Jan 1983

Kentucky's New Abortion Law: Searching For The Outer Limits Of Permissible Regulation, Keith Moorman

Kentucky Law Journal

No abstract provided.


Tax Deductions For Parents Of Children Attending Public And Nonpublic Schools: Mueller V. Allen, George Miller Jan 1983

Tax Deductions For Parents Of Children Attending Public And Nonpublic Schools: Mueller V. Allen, George Miller

Kentucky Law Journal

No abstract provided.


Dartmouth College As A Civil Liberties Case: The Formation Of Constitutional Policy, Bruce A. Campbell Jan 1982

Dartmouth College As A Civil Liberties Case: The Formation Of Constitutional Policy, Bruce A. Campbell

Kentucky Law Journal

No abstract provided.


Granting Charitable Tax Exemptions To Racially Discriminatory Schools, Kathleen Mcdonough Jan 1982

Granting Charitable Tax Exemptions To Racially Discriminatory Schools, Kathleen Mcdonough

Kentucky Law Journal

No abstract provided.


Kentucky Law Survey: Administrative And Constitutional Law, Paul L. Oberst, Jeffrey B. Hunt Jan 1982

Kentucky Law Survey: Administrative And Constitutional Law, Paul L. Oberst, Jeffrey B. Hunt

Kentucky Law Journal

No abstract provided.


The Exclusionary Rule Revisited: Good Faith In Fourth Amendment Search And Seizure, Holly Martin Stone Jan 1982

The Exclusionary Rule Revisited: Good Faith In Fourth Amendment Search And Seizure, Holly Martin Stone

Kentucky Law Journal

No abstract provided.


Congressional Discretion Under The Property Clause, Eugene R. Gaetke Nov 1981

Congressional Discretion Under The Property Clause, Eugene R. Gaetke

Law Faculty Scholarly Articles

The property clause of article IV grants Congress the authority to regulate federal lands. In referring to that authority, the Supreme Court has observed that “the power over the public land thus entrusted to Congress is without limitations.”

The simplicity of the Court's statement is appealing. Its implications, however, are troubling, especially for those states in which a substantial amount of federal property exists. If the property clause power of Congress is "without limitations," the power of some states over a considerable portion of the land within their boundaries is severely limited. For those states, an unlimited property clause power …


Section 5 Of The Voting Rights Act: A Time For Revision, William Colbert Keady, George Colvin Cochran Jan 1981

Section 5 Of The Voting Rights Act: A Time For Revision, William Colbert Keady, George Colvin Cochran

Kentucky Law Journal

No abstract provided.


The Constitutionality Of Affirmative Action: Views From The Supreme Court, Jesse H. Choper Jan 1981

The Constitutionality Of Affirmative Action: Views From The Supreme Court, Jesse H. Choper

Kentucky Law Journal

No abstract provided.