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Articles 121 - 148 of 148
Full-Text Articles in Supreme Court of the United States
Justice Antonin Scalia And Criminal Justice Cases, Christopher E. Smith
Justice Antonin Scalia And Criminal Justice Cases, Christopher E. Smith
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
Kentucky Law Journal
No abstract provided.
Administrative Failure And Local Democracy: The Politics Of Deshaney, Jack M. Beermann
Administrative Failure And Local Democracy: The Politics Of Deshaney, Jack M. Beermann
Faculty Scholarship
This Essay is an effort to construct a normative basis for a constitutional theory to resist the Supreme Court's recent decision in DeShaney v. Winnebago County Department of Social Services.1 In DeShaney, the Court decided that a local social service worker's failure to prevent child abuse did not violate the due process clause of the fourteenth amendment even though the social worker "had reason to believe" the abuse was occurring. 2 Chief Justice Rehnquist's opinion for the Court held that government inaction cannot violate due process unless the state has custody of the victim, 3 thus settling a controversial …
Solving The Pretext Puzzle: The Importance Of Ulterior Motives And Fabrications In The Supreme Court's Fourth Amendment Pretext Doctrine, Edwin J. Butterfoss
Solving The Pretext Puzzle: The Importance Of Ulterior Motives And Fabrications In The Supreme Court's Fourth Amendment Pretext Doctrine, Edwin J. Butterfoss
Kentucky Law Journal
No abstract provided.
The Supreme Court In Transition: Assessing The Legitimacy Of The- Leading Legal Institution, Christopher E. Smith
The Supreme Court In Transition: Assessing The Legitimacy Of The- Leading Legal Institution, Christopher E. Smith
Kentucky Law Journal
No abstract provided.
"Bad" Judicial Activism And Liberal Federal-Courts Doctrine: A Comment On Professor Doernberg And Professor Redish, Jack M. Beermann
"Bad" Judicial Activism And Liberal Federal-Courts Doctrine: A Comment On Professor Doernberg And Professor Redish, Jack M. Beermann
Faculty Scholarship
JUDUCIAL ACTIVISM IS often portrayed as a liberal vice. This perception is wrong both historically and, as Professor Redish argues, 3 currently as well. The federal judiciary has been and still is an activist institution, working with both substantive law and jurisdictional rules to achieve its own policy goals. It has done this in statutory, constitutional, and common-law matters. Specifically, the Supreme Court of the United States has actively-shaped the jurisdiction of the federal courts in a restrictive and generally conservative manner.
Professors Doernberg4 and Redish attack this last form of activism by the federal courts, activism in shaping …
Separation Of Political Powers: Boundaries Or Balance, Alan L. Feld
Separation Of Political Powers: Boundaries Or Balance, Alan L. Feld
Faculty Scholarship
One of the most significant structural elements of the United States Constitution divides the political power of the government between two discrete political institutions, the Congress and the President, in order to prevent concentration of the full power of the national government in one place. This governmental structure has posed a continuing dilemma of how to allow for the shared decisionmaking necessary to effective government while maintaining the independence of each political branch. As the United States Congress reaches its two hundredth anniversary, questions concerning the relationship between Congress and the President, for a substantial time thought by legal scholars …
The Supreme Court's Opinion In The Inwood Case: Declination Of Duty, Kenneth B. Germain
The Supreme Court's Opinion In The Inwood Case: Declination Of Duty, Kenneth B. Germain
Kentucky Law Journal
No abstract provided.
Union Waiver Of Employee Rights Under The Nlra: Part Ii - A Fresh Approach To Board Deferral To Arbitration, Michael C. Harper
Union Waiver Of Employee Rights Under The Nlra: Part Ii - A Fresh Approach To Board Deferral To Arbitration, Michael C. Harper
Faculty Scholarship
The author applies the non-waiverprinciple developed in Part I of this article to Board deferral to arbitration. Former Chairman Murphy's concurring opinion in General American Transportation Corp. is evaluated in light of the non- waiver princple. The author analyzes the issues not properly resolved in that opinion, while demonstrating its basic insight.
In Part 1 of this essay, I explored the implications of the Supreme Court's holding in NLRP v. Magnavox Co. that exclusive bargaining agents do not have the authority to waive certain rights protected by section 7 of the National Labor Relations Act. Drawing on Magnavox, …
The Constitutional Right To One's Good Name: An Examination Of The Scholarship Of Mr. Justice Rehnquist, Mark Tushnet
The Constitutional Right To One's Good Name: An Examination Of The Scholarship Of Mr. Justice Rehnquist, Mark Tushnet
Kentucky Law Journal
No abstract provided.
A Critique Of The Recent Supreme Court Obscenity Decisions, Herald Price Fahringer, Michael J. Brown
A Critique Of The Recent Supreme Court Obscenity Decisions, Herald Price Fahringer, Michael J. Brown
Kentucky Law Journal
No abstract provided.
Fifty-One Chief Justices, William F. Swindler
Fifty-One Chief Justices, William F. Swindler
Kentucky Law Journal
No abstract provided.
The Supreme Court Tramples Gravel, Lawrence R. Velvel
The Supreme Court Tramples Gravel, Lawrence R. Velvel
Kentucky Law Journal
No abstract provided.
Haynsworth And Carswell: A New Senate Standard Of Excellence, Mitch Mcconnell
Haynsworth And Carswell: A New Senate Standard Of Excellence, Mitch Mcconnell
Kentucky Law Journal
No abstract provided.
The Historic Role Of The Supreme Court, John P. Frank
The Historic Role Of The Supreme Court, John P. Frank
Kentucky Law Journal
No abstract provided.
Panel Discussion: The Supreme Court And States' Rights, Anthony Lewis, John R. Brown, Clement Easton
Panel Discussion: The Supreme Court And States' Rights, Anthony Lewis, John R. Brown, Clement Easton
Kentucky Law Journal
No abstract provided.
The Supreme Court And Individual Liberties Since 1952, Paul A. Porter
The Supreme Court And Individual Liberties Since 1952, Paul A. Porter
Kentucky Law Journal
No abstract provided.
The Supreme Court And States Rights, Paul Leo Oberst
The Supreme Court And States Rights, Paul Leo Oberst
Kentucky Law Journal
No abstract provided.
The First Justice Harlan: A Self-Portrait From His Private Papers, Alan F. Westin
The First Justice Harlan: A Self-Portrait From His Private Papers, Alan F. Westin
Kentucky Law Journal
No abstract provided.
Search And Seizure Under The Fourth Amendment As Interpreted By The United States Supreme Court, E. G. Trimble
Search And Seizure Under The Fourth Amendment As Interpreted By The United States Supreme Court, E. G. Trimble
Kentucky Law Journal
No abstract provided.
Search And Seizure Under The Fourth Amendment As Interpreted By The United States Supreme Court, E. G. Trimble
Search And Seizure Under The Fourth Amendment As Interpreted By The United States Supreme Court, E. G. Trimble
Kentucky Law Journal
No abstract provided.
Search And Seizure Under The Fourth Amendment As Interpreted By The United States Supreme Court, E. G. Trimble
Search And Seizure Under The Fourth Amendment As Interpreted By The United States Supreme Court, E. G. Trimble
Kentucky Law Journal
No abstract provided.
A Resume Of Decisions Of The United States Supreme Court On Federal Criminal Procedure, Lester B. Orfield
A Resume Of Decisions Of The United States Supreme Court On Federal Criminal Procedure, Lester B. Orfield
Kentucky Law Journal
No abstract provided.
The Supreme Court, The Constitution, And The A.A.A., Robert L. Howard
The Supreme Court, The Constitution, And The A.A.A., Robert L. Howard
Kentucky Law Journal
No abstract provided.
Capitalism, The United States Constitution And The Supreme Court, Hugh Evander Willis
Capitalism, The United States Constitution And The Supreme Court, Hugh Evander Willis
Kentucky Law Journal
No abstract provided.
Capitalism, The United States Constitution And The Supreme Court (Cont.), Hugh Evander Willis
Capitalism, The United States Constitution And The Supreme Court (Cont.), Hugh Evander Willis
Kentucky Law Journal
No abstract provided.
State Rate Regulation And The Supreme Court, 1922-1930, Thomas Reed Powell
State Rate Regulation And The Supreme Court, 1922-1930, Thomas Reed Powell
Kentucky Law Journal
No abstract provided.
A Criticism Of Judge R. M. Wanamaker's Criticism Of The Supreme Court Of The United States, Kemp P. Battle
A Criticism Of Judge R. M. Wanamaker's Criticism Of The Supreme Court Of The United States, Kemp P. Battle
Kentucky Law Journal
No abstract provided.