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Full-Text Articles in Law

The Constitutionality Of Claiming Jail, Paul E. Salamanca Jan 2017

The Constitutionality Of Claiming Jail, Paul E. Salamanca

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.


An Undetectable Constitutional Violation, Jill Wieber Lens Jan 2017

An Undetectable Constitutional Violation, Jill Wieber Lens

Kentucky Law Journal

In Philip Morris USA v. Williams, the Supreme Court mandated that lower courts implement procedural protections to ensure that the jury, when awarding punitive damages, properly considers evidence of the defendant's harming nonparties. The jury can consider that evidence when determining the level of the defendant's reprehensibility, but punishment for causing that nonparty harm would violate the defendant's constitutional rights. Ten years later, this Article is the first to examine lower courts' attempts to comply with Philip Morris. The Article first seeks to clarify how evidence of nonparty harm can demonstrate reprehensibility, a clarification necessary before courts can even begin …


The Constitutionality Of Claiming Jail, Paul E. Salamanca Jan 2017

The Constitutionality Of Claiming Jail, Paul E. Salamanca

Law Faculty Scholarly Articles

Most pari-mutuel horse races in the United States are claiming races.In such races, a track official stipulates a claim price, and any authorized person may buy any horse that runs in that race at that price. This device discourages owners from running overqualified horses, which tends to ensure competitive fields. Say, for example, an official set a price of $50,000 for a race. An owner who ran a $60,000 horse in that race would stand a fair chance of picking up a good part of the purse, but he or she would also run a high risk of losing the …