Courts Commons^™

Much Ado About Nothing: The Effect Of The "Nullity Rule" On Purported Pro Se Litigants In Federal Court, John T. Lambert

Kentucky Law Journal

No abstract provided.

¿Cómo Se Dice, "Liberty And Justice For All Cannot Exist Without Equal Access For All" En Español?, Turner Denise Reynolds

Kentucky Law Journal

No abstract provided.

Just A Place Or A Just Place?: Domestic Violence, Urban-Rural Differences, And Access To Justice, Cassie Chambers Armstrong

Kentucky Law Journal

No abstract provided.

Incorporation By Any Other Name? Comparing Congress' Federalization Of Tribal Court Criminal Procedure With The Supreme Court's Regulation Of State Courts, Jordan Gross

Kentucky Law Journal

No abstract provided.

Making Sense Of “Commence” In The Clean Water Act’S Diligent Prosecution Bar, Isa Harrison

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Judicial Review Of National Regulations Under Smcra And Holmes Limestone Co. V. Andrus: Is The District Court For The District Of Columbia The Only Proper Forum?, John Cato Fogle Iii

Journal of Natural Resources & Environmental Law

No abstract provided.

Court Packing Is A Chimera, Brian L. Frye

Law Faculty Scholarly Articles

The dream of the 1930s is alive in Washington. Democrats see

Republicans hemorrhaging voters as Trump struggles with the

economy and the pandemic and are salivating at the prospect of

retaking not only the White House, but also the Senate. Of course, you

should never sell a bearskin until you've caught the bear. But even a

blowout victory can't get Democrats the prize they really want, a

Supreme Court majority. So, in back-to-the-future fashion, many

progressives are pushing the idea of court packing. After all, in politics,

rules are made to be broken.

Disrobing The Judiciary: The Systematic Stripping Of Judicial Power By The Legislature, Chynna Breann Hibbitts

Kentucky Law Journal

No abstract provided.

Eliminating The Criminal Debt Exception For Debtors' Prison, Cortney E. Lollar

Law Faculty Scholarly Articles

Although the exact number is unknown due to poor documentation, the data available suggests nearly a quarter of the current incarcerated population is detained due to a failure to pay their legal financial obligations. In federal courts alone, the amount of criminal legal debt owed to the U.S. government in fiscal year 2017 totaled more than $27 billion, and to third parties, more than $96 billion, not including interest. In 2004, approximately sixty-six percent of all prison inmates were assessed a fine or fee as part of their criminal sentence.4 Not surprisingly, legal financial obligations disproportionately impact poor defendants and …

Judicial Elections, Public Opinion, And Their Impact On State Criminal Justice Policy, Travis N. Taylor

Theses and Dissertations--Political Science

This dissertation explores whether and how the re-election prospects faced by trial court judges in many American states influence criminal justice policy, specifically, state levels of incarceration, as well as the disparity in rates of incarceration for Whites and Blacks. Do states where trial court judges must worry about facing reelection tend to encourage judicial behavior that results in higher incarceration rates? And are levels of incarceration and racial disparities in the states influenced by the proportion of the state publics who want more punitive policies? These are clearly important questions because they speak directly to several normative and empirical …

Neil M. Gorsuch | Associate Justice Of The Supreme Court Of United States, Neil M. Gorsuch

The John G. Heyburn II Initiative for Excellence in the Federal Judiciary

The Hon. Neil M. Gorsuch, Associate Justice of the Supreme Court of the United States, spent Thursday evening on the University of Kentucky campus. He spoke to University of Kentucky College of Law students as well as judges, lawyers and clerks from across Kentucky.

Justice Gorsuch was here as part of the John G. Heyburn II Initiative for Excellence in the Federal Judiciary.

“The Heyburn Initiative enhances the academic experience for our students by providing them with the opportunity to listen to, and engage with, some of our nation’s top leaders in law. The College of Law is one of …

Expanding Reach: The Importance Of Batson V. Kentucky Thirty Years On, Melynda J. Price J.D., Ph.D.

Kentucky Law Journal

No abstract provided.

A Call To Criminal Courts: Record Rules For Batson, Catherine M. Grasso, Barbara O'Brien

Kentucky Law Journal

No abstract provided.

What The Polls Produce: Why Kentucky Should Retain Nonpartisan Elective Selection Of Its Supreme Court Justices, Nolan M. Jackson

Kentucky Law Journal

No abstract provided.

Keeping Up With New Legal Titles, Tina M. Brooks

Law Faculty Scholarly Articles

In this book review, Tina M. Brooks discusses Voters' Verdicts: Citizens, Campaigns, and Institutions in State Supreme Court Elections by Chris W. Bonneau and Damon M. Cann.

Batson V. Kentucky Reflections Inspired By A Podcast, Nancy S. Marder

Kentucky Law Journal

An episode of More Perfect, a podcast devoted to the US. Supreme Court, focused on Batson v. Kentucky, which just marked its thirtieth anniversary. This podcast serves as the starting point for reflections on Batson v. Kentucky, a case in which the Court maintained the peremptory challenge while trying to eliminate discriminatory peremptory challenges. The podcast contributes to our understanding of Batson in several ways. First, it allows listeners to hear from participants in the case and how they viewed their situation at the time. Second, it considers whether Batson has been effective in ridding jury selection …

Fictions Of Omniscience, Karen Petroski

Kentucky Law Journal

Recent studies of the legislative process have questioned the rationales for many principles of statutory interpretation. One of those traditional rationales is the so-called fiction of legislative omniscience, thought to underlie many judicial approaches to statutory decisions. This Article presents the first comprehensive analysis of judicial assertions about legislative awareness and proposes a different way of understanding them. The proposed perspective compares fictions of legislative omniscience with similar but more widely accepted imputations of knowledge in other areas of law; it also draws on recent findings from other disciplines on the use and comprehension of statements about fictional situations. The …

Symposium On State Court Funding: Keynote Address, Erwin Chemerinsky

Kentucky Law Journal

No abstract provided.

No Exit: The Financial Crisis Facing State Courts, G. Alan Tarr

Kentucky Law Journal

No abstract provided.

The Invisible Branch: Funding Resilient Courts Through Public Relations, Institutional Identity, And A Place On The "Public Radar", Paul J. De Muniz

Kentucky Law Journal

No abstract provided.

Restoring Luster To The Palladium Of Freedom, Wm. T. Robinson Iii

Kentucky Law Journal

No abstract provided.

Judicial Independence And The State Court Funding Crisis, David J. Barron

Kentucky Law Journal

No abstract provided.

Do We Have 18th Century Courts For The 21st Century?, Michael L. Buenger

Kentucky Law Journal

No abstract provided.

State Courts And Public Justice: New Challenges, New Choices, John T. Broderick, Lawrence Friedman

Kentucky Law Journal

No abstract provided.

Finding Access To The Federal Courts: How The Inconsistent Application Of Federal Jurisdiction In Cases With Significant Foreign Relations Implications Affects Mining And Agriculture Industries, Rebecca C. Griffin

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Juror Incomprehension: Advocating For A Holistic Reform Of Jury Instructions, J. Brittany Cross

Kentucky Law Journal

No abstract provided.

Horizontal Stare Decisis On The U.S. Court Of Appeals For The Sixth Circuit, Emery G. Lee Iii

Kentucky Law Journal

No abstract provided.

Religion, Politics, Race, And Ethnicity: The Range And Limits Of Voir Dire, Barry P. Goode

Kentucky Law Journal

No abstract provided.

Resorting To External Norms And Principles In Constitutional Decision-Making, Alvin L. Goldman

Law Faculty Scholarly Articles

Given the very significant role of constitutional law in the American political system and the fact that Supreme Court Justices are appointed through a political process, it is understandable that the appropriate judicial approach to resolving constitutional issues often is the subject of political commentary. Unfortunately, discourse by politicians concerning this issue seldom rises to the deserved level of wisdom. One of President George W. Bush's public mantras is illustrative of political commentary respecting federal judicial appointments: "I'm going to put strict constructionists on the bench." On its face, and as understood by politically naive audiences, the statement appears to …

Of Money And Judicial Independence: Can Inherent Powers Protect State Courts In Tough Fiscal Times?, Michael L. Buenger

Kentucky Law Journal

No abstract provided.