Law Commons^™

8th Biennial Midwest/Midsouth Bankruptcy Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, Lawrence Ponoroff, Douglass G. Boshkoff, Tracey N. Wise, Christopher W. Frost, Keith M. Lundin, Ray Reynolds Graves, David G. Epstein, Joe Lee, Robert E. Mckenzie, Conrad K. Cyr

Continuing Legal Education Materials

Materials from the 8th Biennial Midwest/Midsouth Bankruptcy Institute held December 1997.

Asset Securitization And Corporate Risk Allocation, Christopher W. Frost

Law Faculty Scholarly Articles

Asset securitization is a financial innovation in which corporations sell financial assets to a specially formed entity that in turn taps financial markets for the purchase price. The device provides firms an alternative to raising capital through traditional debt and equity markets. Practitioners of the approach tout securitization as a means through which a firm can lower its overall cost of capital by limiting the risk facing investors in the securitized assets. Commentators have described asset securitization as "one of the most important financing vehicles in the United States." Interest in the device is increasing dramatically as more companies see …

Doma: An Unconstitutional Establishment Of Fundamentalist Christianity, James M. Donovan

James M. Donovan

This Article scrutinizes the constitutionality of the intent of the Defense of Marriage Act [DOMA]. According to the text of the Act, DOMA's purposes are "to define and protect the institution of marriage," where marriage is defined to exclude same-sex partners. To be constitutionally valid under the Establishment Clause, this notion that heterosexual marriage requires "protection" from gay and lesbian persons must spring from a secular and not religious source. This Article posits that DOMA has crossed this forbidden line between the secular and the religious. DOMA, motivated and supported by fundamentalist Christian ideology, and lacking any genuine secular goals …

Doma: An Unconstitutional Establishment Of Fundamentalist Christianity, James M. Donovan

Law Faculty Scholarly Articles

This Article scrutinizes the constitutionality of the intent of the Defense of Marriage Act [DOMA]. According to the text of the Act, DOMA's purposes are "to define and protect the institution of marriage," where marriage is defined to exclude same-sex partners. To be constitutionally valid under the Establishment Clause, this notion that heterosexual marriage requires "protection" from gay and lesbian persons must spring from a secular and not religious source. This Article posits that DOMA has crossed this forbidden line between the secular and the religious. DOMA, motivated and supported by fundamentalist Christian ideology, and lacking any genuine secular goals …

Product Category Liability: A Critical Analysis, Richard C. Ausness

Law Faculty Scholarly Articles

Professor Wertheimer has proposed that courts be allowed to hold producers strictly liable for product-related injuries, even though their products are not otherwise defective, as long as the overall risks associated with such products outweigh their benefits. However, this would subject the sellers of inherently dangerous products, such as cigarettes, to potentially devastating liability since their products cannot be made less dangerous. There are better ways to control the consumption of hazardous products if society wishes to do so.

Part I of this article discusses the scope and purpose of the defect requirement in section 402A and in the proposed …

The Role Of Religion In Public Life And Official Pressure To Participate In Alcoholics Anonymous, Paul E. Salamanca

Law Faculty Scholarly Articles

If religion is an innate aspect of the human experience, it should not be surprising that Alcoholics Anonymous (A.A.), a widely known and arguably religious support group for problem drinkers, has become a common and effective means of combating alcoholism. Also, it should not be surprising that probation officers, parole officers, judges, bar overseers, wardens, and myriad others exercising state authority routinely push individuals toward A.A. Arguably, however, official referral of problem drinkers to A.A. violates current interpretations of the Establishment Clause because of the quasi-religious nature of the program.

Although separationism helps both church and state, our Constitution does, …

The Limits Of Cross-Examination, Richard H. Underwood

Law Faculty Scholarly Articles

In this article, the author compiles the history and methodology of cross-examination from ancient Greece to the modern era. The reality and ethics of cross-examination are explored through anecdotes and detailed histories.

Mass Tort Litigation: Congress's Silent, But Deadly, Reform Effort, Mary J. Davis

Law Faculty Scholarly Articles

This article explores the ways in which The Common Sense Product Liability and Legal

Reform Act (“Act”) treats mass tort litigation issues. The Act does so both directly and indirectly. The direct methods of reform are mostly industry-specific and, thus, almost inconsequential in contrast to the indirect treatment. The indirect, almost clandestine, methods of reform are the most insidious and provide the most cause for concern as Congress once again attempts to "reform" products liability by reintroducing the Act in 1997. Given the President's early indication that a reform measure could meet with his approval, but that this one in …

Government Lawyers And Their Private “Clients” Under The Fair Housing Act, Eugene R. Gaetke, Robert G. Schwemm

Law Faculty Scholarly Articles

In strengthening enforcement of the federal Fair Housing Act, Congress in the 1988 Fair Housing Amendments Act ("FHAA") authorized government lawyers from the Justice Department, the Department of Housing and Urban Development, and state and local civil rights agencies to prosecute cases "on behalf of” persons aggrieved by housing discrimination. This new enforcement scheme has led to a heightened level of administrative complaints and litigated cases in which government lawyers are put in the potentially difficult position of having to represent both their agency and private complainants.

The "triangular" relationships created by the FHAA between government lawyers and their public …

Treasury Regulations And Judicial Deference In The Post-Chevron Era, David A. Brennen

Law Faculty Scholarly Articles

Analysis of several post-Chevron cases indicates that every major Supreme Court case since 1984 involving the validity of a Treasury regulation is consistent with Chevron. Indeed, since 1984 every challenged Treasury regulation interpreting a statute in which Congress failed to address a specific tax issue has been upheld by the Court. In fact, no Supreme Court case since 1984 could be discovered in which the Court invalidated a Treasury regulation on the grounds that it was an unreasonable interpretation of a statute. Several post-Chevron Supreme

Court decisions, however, rejected the Treasury's application of a tax regulation to …

Kentucky Lawyer, 1997, University Of Kentucky College Of Law

Annual Magazines

No abstract provided.

Republicanism, Liberalism, And The Law, Mortimer Sellers

Kentucky Law Journal

No abstract provided.

The Criminal Law Implications Of The Human Genome Project: Reimagining A Genetically Oriented Criminal Justice System, Steven I. Friedland

Kentucky Law Journal

No abstract provided.

Workers' Compensation: Temporary Employees And The Exclusiveness-Of-Remedy Provision, Brian C. Baugh

Kentucky Law Journal

No abstract provided.

Taking A Second Look At The Second Amendment And Modem Gun Control Laws, David E. Johnson

Kentucky Law Journal

No abstract provided.

The Use Of Forensic Dna In Criminal Cases In Kentucky As Compared With Selected Other States, Judith E. Lewter

Kentucky Law Journal

No abstract provided.

Rollover Of Retirement Plan Distributions: A Proposal To Eliminate The Dual Rollover Structure, Peter M. Van Zante

Kentucky Law Journal

No abstract provided.

Goodwin V. Turner: A Comparison Of American And Jewish Legal Perspectives On Procreation Rights Of Prisoners, Daniel Pollack, Chaim Steinmetz, Andrea Tellerman

Kentucky Law Journal

No abstract provided.

Liability Of Issuer's Counsel In The Wake Of Central Bank Of Denver--To Whom Is The Lawyer's Due Diligence Due?, Barry D. Hunter

Kentucky Law Journal

No abstract provided.

Convicted Sex Offenders V. Our Children: Whose Interests Deserve The Greater Protection?, Chrisandrea L. Turner

Kentucky Law Journal

No abstract provided.

The Mpre Reconsidered, Leslie C. Levin

Kentucky Law Journal

No abstract provided.

Tapping "Rainy Day" Funds For The Reluctant Entrepreneur: Downsizing, Paternalism, And The Internal Revenue Code, Edward J. Gac, Wayne M. Gazur

Kentucky Law Journal

No abstract provided.

Doing Another's Bidding Under A Theory Of Defense Of Others: Shall We Protect The Unborn With Murder?, Shelby A. D. Moore

Kentucky Law Journal

No abstract provided.

Genetics, Genetic Testing, And The Specter Of Discrimination: A Discussion Using Hypothetical Cases, Richard H. Underwood, Ronald G. Cadle

Kentucky Law Journal

No abstract provided.

Campaign Finance Reform In Kentucky: The Race For Governor, Jennifer A. Moore

Kentucky Law Journal

No abstract provided.

Violence Against Women And The Commerce Clause: Can This Marriage Survive?, Jennifer C. Philpot

Kentucky Law Journal

No abstract provided.

Solving The Insurance/Genetic Fair/Unfair Discrimination Dilemma In Light Of The Human Genome Project, Eric Mills Holmes

Kentucky Law Journal

No abstract provided.

Crimes And Defenses Of Rodion Raskolnikov, Vera Bergelson

Kentucky Law Journal

No abstract provided.

Nuñez-Rodriguez And A Defendant's Acceptance Of Responsibility: A Jailbreak From The Confinement Of The Federal Sentencing Guidelines?, John N. Winstead

Kentucky Law Journal

No abstract provided.

Open Debate Over Closed Doors: The Effect Of The New Developmental Disabilities Regulations On Protection And Advocacy Programs, Melissa Bowman

Kentucky Law Journal

No abstract provided.