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Articles 1 - 30 of 135
Full-Text Articles in Entire DC Network
Tull V. United States: The Right To A Jury Trial In A Statutory Proceeding, John A. Kolanz
Tull V. United States: The Right To A Jury Trial In A Statutory Proceeding, John A. Kolanz
Journal of Natural Resources & Environmental Law
No abstract provided.
Fraudulent Joinder, Federalism, And The Twombly/Iqbal Problem, Charles W. Oldfield
Fraudulent Joinder, Federalism, And The Twombly/Iqbal Problem, Charles W. Oldfield
Kentucky Law Journal
No abstract provided.
The Claims And Limits Of Justice Scalia's Textualism: Lessons From His Statutory Standing Decisions, Michael P. Healy
The Claims And Limits Of Justice Scalia's Textualism: Lessons From His Statutory Standing Decisions, Michael P. Healy
Law Faculty Scholarly Articles
Two decisions written by Justice Scalia near the end of his life, Lexmark International Inc. v. Static Control Components, Inc., 572 U.S. 479 (2014), and Thompson v. North American Stainless, LP, 562 U.S. 170 (2011), reshaped the law of statutory standing and provide important insights into the claims and limits of textualism. These decisions have reshaped the law of statutory standing in three ways. They have changed the legal terminology; expanded the range of cases to which the zone-of-interests test applies; and changed the application of the zone-of-interests test when it applies to determine statutory standing. This Article …
The Ballad Of Harry James Tompkins, Brian L. Frye
The Ballad Of Harry James Tompkins, Brian L. Frye
Law Faculty Scholarly Articles
At about 2:30 a.m. on Friday, July 27, 1934, William Colwell of Hughestown, Pennsylvania was awakened by two young men banging on his front door. When he went downstairs, they told him that someone had been run over by a train. Colwell looked out his side window. In the moonlight, he saw someone lying on the ground near the railroad tracks. He went back upstairs and told his wife that there had been an accident. She told him “not to go out, that them fellows was crazy,” but he dressed and went out to help anyway. Colwell's house was at …
Fixing Forum Selling, Brian L. Frye, Christopher J. Ryan Jr.
Fixing Forum Selling, Brian L. Frye, Christopher J. Ryan Jr.
Law Faculty Scholarly Articles
"Forum selling” is jurisdictional competition intended to attract litigants. While consensual forum selling may be beneficial, non-consensual forum selling is harmful because it encourages jurisdictions to adopt an inefficient pro-plaintiff bias. In the last 20 years, the Eastern District of Texas has adopted an aggressive and remarkably successful policy of non-consensual forum selling in patent infringement actions. In 2016, 44% of all patent infringement actions were filed in the Eastern District of Texas, and 93% of them were filed by patent assertion entities or “patent trolls.”
In December 2016, the Supreme Court granted certiorari in TC Heartland v. Kraft, …
Judgment Without Notice: The Unconstitutionality Of Constructive Notice Following Citizens United, Carliss N. Chatman
Judgment Without Notice: The Unconstitutionality Of Constructive Notice Following Citizens United, Carliss N. Chatman
Kentucky Law Journal
Citizens United v. Federal Election Commission positions a corporation as an entity entitled to constitutional rights equal to the rights of natural persons. In many situations, this holding may be the impetus for reform and reconsideration of state restrictions on corporate rights that were problematic before the decision. The operation of corporate statutes on corporations chartered in one state but doing business in another state as a foreign corporation is an area in need of this Citizens United-inspired review. Although most corporations operate as foreign corporations outside of their state of incorporation, neither the constitutional validity of corporate withdrawal …
Election Law Pleading, Joshua A. Douglas
Election Law Pleading, Joshua A. Douglas
Law Faculty Scholarly Articles
This Article explores how the Supreme Court’s recent pleading decisions in Twombly and Iqbal have impacted election litigation. It explains how Twombly and Iqbal’s “factual plausibility” standard usually does not help in an election case, because there is often little factual dispute regarding the operation of the election practice. Instead, the real question in a motion to dismiss is whether the plaintiff has stated a viable cause of action against the government defendant who is administering the election. But Twombly and Iqbal’s rule does not assist in answering this question. That is, Twombly and Iqbal are incongruent with …
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.
An Unnecessary Conflict: Bifurcated Civil Trials And States' Need For An Alternate Rule For Alternate Jurors, Craig M. Brunson
An Unnecessary Conflict: Bifurcated Civil Trials And States' Need For An Alternate Rule For Alternate Jurors, Craig M. Brunson
Kentucky Law Journal
No abstract provided.
The Procedure Of Election Law In Federal Courts, Joshua A. Douglas
The Procedure Of Election Law In Federal Courts, Joshua A. Douglas
Law Faculty Scholarly Articles
Election law scholars have paid scant attention to the different procedures by which courts decide election law cases. Further, there has been little exploration of the reasons why certain processes exist, and there is even less discussion of which procedures are best for election law cases. One commentator has advocated for state legislatures to define clearly certain procedural matters for election contests, including: “(1) who can be a contestant; (2) what standard of evidence to require; and (3) how to expedite contests.” But there are more fundamental and foundational questions: What goals are we trying to achieve in enacting special …
Oral Argument In Meyer V. Holley (No. 01-1120), Robert G. Schwemm, Douglas G. Benedon, Malcolm L. Stewart
Oral Argument In Meyer V. Holley (No. 01-1120), Robert G. Schwemm, Douglas G. Benedon, Malcolm L. Stewart
Law Faculty Advocacy
The matter of Meyer v. Holley, 537 U.S. 280 (2003) was argued before the United States Supreme Court on Tuesday, December 3, 2002. Professor Robert G. Schwemm argued on behalf of the Respondents. This document is a transcript of the oral argument.
The Uniform Innocent Owner Defense To Civil Asset Forfeiture: The Civil Asset Forfeiture Reform Act Of 2000 Creates A Uniform Innocent Owner Defense To Most Civil Forfeiture Cases Filed By The Federal Government, Stefan D. Cassella
Kentucky Law Journal
No abstract provided.
Rule 26(C)(7) Protective Orders: Just What Are You Hiding Under There, Anyway?, Ross T. Turner
Rule 26(C)(7) Protective Orders: Just What Are You Hiding Under There, Anyway?, Ross T. Turner
Kentucky Law Journal
No abstract provided.
Exactly How Much Process Is Due? The Federal Courts Grapple With The Shifting Burdens Of Proof In Civil In Rem Forfeiture Under 21 U.S.C. § 881(A), David A. Cohen
Kentucky Law Journal
No abstract provided.
Summary Adjudication In United States Civil Procedure, Mary J. Davis
Summary Adjudication In United States Civil Procedure, Mary J. Davis
Law Faculty Scholarly Articles
This article uses one of the high profile mass tort cases of recent decades, the complex silicone gel-filled breast implant products liability litigation, to evaluate summary adjudication measures. Recognizing that not all claims filed are complex tort claims (just the most interesting ones), where commercial claims present the opportunity for use of summary proceedings, those will be discussed as well, particularly regarding mechanisms by which security for a creditor-plaintiffs claim can be obtained prior to a favorable verdict.
While preparing this Report, it became clear that the author has a particular view of what constitutes a "summary adjudication" procedure, but …
Status Of Double Jeopardy And Forfeiture Law In The Sixth Circuit, Stefan D. Cassella
Status Of Double Jeopardy And Forfeiture Law In The Sixth Circuit, Stefan D. Cassella
Kentucky Law Journal
No abstract provided.
Fugitives And Forfeiture--Flouting The System Or Fundamental Right?, N. Brock Collins
Fugitives And Forfeiture--Flouting The System Or Fundamental Right?, N. Brock Collins
Kentucky Law Journal
No abstract provided.
Defining Excessiveness: Applying The Eighth Amendment To Civil Forfeiture After Austin V. United States, Sarah N. Welling, Medrith Lee Hager
Defining Excessiveness: Applying The Eighth Amendment To Civil Forfeiture After Austin V. United States, Sarah N. Welling, Medrith Lee Hager
Kentucky Law Journal
No abstract provided.
Kentucky's Strict Summary Judgment Standard In Light Of The Supreme Court's Ruling In Steelvest, Inc. V. Scansteel Service Center, Heather C. Wright
Kentucky's Strict Summary Judgment Standard In Light Of The Supreme Court's Ruling In Steelvest, Inc. V. Scansteel Service Center, Heather C. Wright
Kentucky Law Journal
No abstract provided.
Waiver: A Comprehensive Analysis Of A Consequence Of Inadvertently Producing Documents Protected By The Attorney-Client Privilege, Roberta M. Harding
Waiver: A Comprehensive Analysis Of A Consequence Of Inadvertently Producing Documents Protected By The Attorney-Client Privilege, Roberta M. Harding
Law Faculty Scholarly Articles
The inadvertent production of documents protected by the attorney-client privilege frequently occurs in contemporary litigation. This phenomena becomes more prevalent as the number of cases involving inadvertent document production grows. Unfortunately, given the present modes for resolving the waiver issue that stems from this occurrence, this occurrence could threaten to become the rule rather than the exception. The increased frequency of inadvertent document production is due primarily to more disputes arising out of production of documents demands by the opposing party that emerge as parties request the production of an increasing number of responsive documents. As a result, the sheer …
Starting Down The Road To Reform: Kentucky's New Long-Arm Statute For Family Obligations, Louise Everett Graham
Starting Down The Road To Reform: Kentucky's New Long-Arm Statute For Family Obligations, Louise Everett Graham
Law Faculty Scholarly Articles
Kentucky has long needed a comprehensive family law provision for its long-arm statute. Before the general long-arm statute was amended by the 1992 General Assembly, it addressed only a narrow class of paternity cases among its specific jurisdictional provisions, ignoring the need for long-arm jurisdiction in other domestic relations cases. A second long-arm statute provided jurisdiction over some nonresidents to establish or enforce child support obligations. In the contexts of divorce and child support, Kentucky's failure to claim constitutionally available jurisdiction deprived Kentucky residents of important protection.
Recent amendments to Kentucky statutes fill previous gaps and expand Kentucky's jurisdiction in …
Ex Post Facto In The Civil Context: Unbridled Punishment, Jane Harris Aiken
Ex Post Facto In The Civil Context: Unbridled Punishment, Jane Harris Aiken
Kentucky Law Journal
No abstract provided.
Civil Complicity: Using The Pinkerton Doctrine To Impose Vicarious Liability In Civil Rico Actions, Susan W. Brenner
Civil Complicity: Using The Pinkerton Doctrine To Impose Vicarious Liability In Civil Rico Actions, Susan W. Brenner
Kentucky Law Journal
No abstract provided.
Complex Product Design Litigation: A Need For More Capable Fact-Finders, Ora Fred Harris Jr.
Complex Product Design Litigation: A Need For More Capable Fact-Finders, Ora Fred Harris Jr.
Kentucky Law Journal
No abstract provided.
3rd Annual Federal Practice Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, John R. Leathers, Willam M. Lear, Edward H. Johnstone, Eugene E. Siler, Frank E. Haddad, Laramie L. Leatherman, Melissa Forsythe, Gregory L. Monge, Leonard Green, Thomas D. Lambros, Stanley M. Chesley, Charles S. Cassis
3rd Annual Federal Practice Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, John R. Leathers, Willam M. Lear, Edward H. Johnstone, Eugene E. Siler, Frank E. Haddad, Laramie L. Leatherman, Melissa Forsythe, Gregory L. Monge, Leonard Green, Thomas D. Lambros, Stanley M. Chesley, Charles S. Cassis
Continuing Legal Education Materials
Outline of speakers' presentations from the 3rd Annual Federal Practice Institute held by UK/CLE on September 23, 1988.
Compelled Participation In Summary Jury Trials: A Tale Of Two Cases, Paul Mattingly
Compelled Participation In Summary Jury Trials: A Tale Of Two Cases, Paul Mattingly
Kentucky Law Journal
No abstract provided.
Applying Rule 11 To Rid Courts Of Frivolous Litigation Without Chilling The Bar's Creativity, Robin Johnson Collins
Applying Rule 11 To Rid Courts Of Frivolous Litigation Without Chilling The Bar's Creativity, Robin Johnson Collins
Kentucky Law Journal
No abstract provided.
Offensive Collateral Estoppel In Kentucky: A Deadly Weapon Or A Paper Tiger?, Howard E. Frasier Jr.
Offensive Collateral Estoppel In Kentucky: A Deadly Weapon Or A Paper Tiger?, Howard E. Frasier Jr.
Kentucky Law Journal
No abstract provided.
Controlling The Civil Jury: Towards A Functional Model Of Justification, Pamela J. Stephens
Controlling The Civil Jury: Towards A Functional Model Of Justification, Pamela J. Stephens
Kentucky Law Journal
No abstract provided.
Whether Disclosure Of Work Product To A Witness In Preparation For Testifying Waives The Protection Of Federal Rule Of Civil Procedure 26(B)(3), Gene Lynn Humphreys
Whether Disclosure Of Work Product To A Witness In Preparation For Testifying Waives The Protection Of Federal Rule Of Civil Procedure 26(B)(3), Gene Lynn Humphreys
Kentucky Law Journal
No abstract provided.