Wednesday, March 28, 2007

Having lost their legislative privilege argument at the Supreme Court, Salamanca and Keller take their case to the Kentucky Law Journal

This from the Kentucky Law Review blog:

Paul E. Salamanca, James and Mary Lassiter Professor of Law in the University of Kentucky College of Law, and James Keller, former associate justice of the Kentucky Supreme Court, have an article in the most recent edition of the Kentucky Law Journal, released today. The article, titled "The Legislative Privilege to Judge the Qualifications, Elections, and Returns of Members," examines the case of Stephenson v. Woodward.

Stephenson v. Woodward stems from a residency dispute in the 2004 Kentucky general election. The Kentucky Supreme Court ruled that Dana Seum Stephenson could not serve in the state Senate because she was not a resident of Kentucky for enough time prior to her seeking the seat. Furthermore, Virginia Woodward was not eligible either because she did not receive the majority of the popular vote.

Salamanca and Keller use this case as the foundation for the findings in their article."Although we take Stephenson as our point of departure, we believe our review of legislative and judicial precedent pertaining to the privilege, which makes up the bulk of the article, will stand on its own. We are therefore hopeful that this piece will prove useful to future researchers of the privilege," said Salamanca.
In Woodward v Stephenson Salamanca represented Senate President David Williams. Justice Keller wrote a dissenting opinion for the court.

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