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Articles 1 - 30 of 46
Full-Text Articles in Law
Water Rights Legislation In The East: A Program For Reform, Richard C. Ausness
Water Rights Legislation In The East: A Program For Reform, Richard C. Ausness
Law Faculty Scholarly Articles
Expanding municipal and Industrial demand, along with increasing use of supplemental irrigation have escalated consumptive water use dramatically In the Eastern United States since World War II. This escalated use already has caused water shortages in some parts of the East, and experts predict more widespread water supply problems In the future.
As the inadequacies of the common law water rights system in a water-scarce environment have become evident, many eastern states have supplemented or replaced common law rules with some form of statutory water allocation system. Typically, these statutes establish a permit system administered by a state water resources …
The Review Of The College Of Law Alumni Association, June 1983, University Of Kentucky College Of Law
The Review Of The College Of Law Alumni Association, June 1983, University Of Kentucky College Of Law
Annual Magazines
No abstract provided.
A Fresh Look At Agency "Discretion", John M. Rogers
A Fresh Look At Agency "Discretion", John M. Rogers
Law Faculty Scholarly Articles
Lawyers who represent or litigate against government agencies must wrestle so frequently with the concept of agency "discretion" that they may be forgiven for believing that the term is devoid of intrinsic meaning—a chameleon deriving substance only from its particular context. For instance, mandamus will lie only for ministerial acts, as opposed to "discretionary" ones. Agency acts that are "by law committed to agency discretion" are not reviewable in court under the federal Administrative Procedure Act (APA). However, agency actions are reviewed for "abuse of discretion." On the other hand, tort suits against the government will not be allowed for …
Economical Litigation: Kentucky's Answer To High Costs And Delay In Civil Litigation, C. Lynn Oliver
Economical Litigation: Kentucky's Answer To High Costs And Delay In Civil Litigation, C. Lynn Oliver
Kentucky Law Journal
No abstract provided.
Countless Free-Standing Trees: Non-Labor Boycotts After Naacp V. Claiborne Hardware Co., Carl B. Boyd Jr.
Countless Free-Standing Trees: Non-Labor Boycotts After Naacp V. Claiborne Hardware Co., Carl B. Boyd Jr.
Kentucky Law Journal
No abstract provided.
Feticide: Murder In Kentucky?, Perry Mack Bentley
Feticide: Murder In Kentucky?, Perry Mack Bentley
Kentucky Law Journal
No abstract provided.
Kentucky Tort Law: Defamation And The Right Of Privacy By David A. Elder, Richard C. Ausness
Kentucky Tort Law: Defamation And The Right Of Privacy By David A. Elder, Richard C. Ausness
Kentucky Law Journal
No abstract provided.
Kentucky Law Survey: Corporations, Willburt D. Ham
Kentucky Law Survey: Corporations, Willburt D. Ham
Kentucky Law Journal
No abstract provided.
A Comparative Negligence Checklist To Avoid Future Unnecessary Litigation, John M. Rogers, Randy Donald Shaw
A Comparative Negligence Checklist To Avoid Future Unnecessary Litigation, John M. Rogers, Randy Donald Shaw
Law Faculty Scholarly Articles
Systems of comparative negligence, whereby the negligence of a plaintiff serves to reduce rather than to preclude tort recovery in negligence, have been adopted in thirty-nine states. The common law rule that contributory negligence is an absolute bar to recover is still the law in Kentucky, although modified by the doctrine of “last clear chance.” Kentucky may soon join the trend toward comparative negligence, however. In the last legislative session, bills to adopt comparative negligence were introduced in both the House of Representatives and the Senate. A hearing on this subject was held by the Interim Judiciary and Civil Procedure …
Kentucky Tort Law: Defamation And The Right Of Privacy, Richard C. Ausness
Kentucky Tort Law: Defamation And The Right Of Privacy, Richard C. Ausness
Law Faculty Scholarly Articles
This book review examines Kentucky Tort Law: Defamation and the Right of Privacy by David A. Elder, which was published in 1983.
Kentucky Law Survey: Domestic Relations, Louise Everett Graham
Kentucky Law Survey: Domestic Relations, Louise Everett Graham
Law Faculty Scholarly Articles
In the decade since Kentucky's adoption of the Uniform Marriage and Divorce Act, the state's courts have faced the task of interpreting it in domestic relations litigation. This past year was no exception. A number of problems before Kentucky courts were recurrent issues. For example, the divisibility of educational degrees acquired by one spouse again required court assessment. Similarly, issues surrounding both maintenance and child support reappeared. These recurrent issues, along with new issues requiring court solution, heavily burdened trial and appellate courts. This Survey will discuss court resolutions of significant problems in the areas of marital property, maintenance and …
Kentucky Law Survey: Criminal Procedure, William H. Fortune
Kentucky Law Survey: Criminal Procedure, William H. Fortune
Law Faculty Scholarly Articles
This Survey covers significant criminal procedure decisions of the Kentucky appellate courts for the period July 1, 1980, to July 1, 1982. It does not include cases construing the penal code or noteworthy decisions in the Kentucky law of evidence. The author has selected the most important criminal procedure cases for treatment in the text; a number of significant cases are summarized in footnotes.
Discovery Of Nonparties' Tangible Things Under The Federal Rules Of Civil Procedure, Sarah N. Welling
Discovery Of Nonparties' Tangible Things Under The Federal Rules Of Civil Procedure, Sarah N. Welling
Law Faculty Scholarly Articles
Federal Rules of Civil Procedure 26 through 37 describe procedures for pretrial discovery. While one may employ all the methods of discovery against parties, discovery methods for nonparties are much more limited. For example, with the exception of the independent action under subdivision (c), the procedures detailed in Federal Rule 34 regarding production of tangible things do not apply to nonparties. Frequently, though, a litigant must discover tangible things in the possession, custody, or control of a nonparty. Although the federal rules do provide alternative methods for the discovery of nonparties' things, the whole discovery scheme for nonparties is rather …
Legal Ethics And Class Actions: Problems, Tactics And Judicial Responses, Richard H. Underwood
Legal Ethics And Class Actions: Problems, Tactics And Judicial Responses, Richard H. Underwood
Law Faculty Scholarly Articles
Perhaps no procedural innovation has generated more controversy than the class action. As Professor Arthur Miller has observed, debate over “class action problem[s]” has raged at several different levels. For example, opponents and proponents of class actions disagree on whether such actions produce socially desirable results in an economical fashion and whether an already overburdened judiciary can handle the additional supervisory demands of the class action. Recently, a somewhat more ideological dialogue has addressed the merit of publicly funded class actions. Such questions arise only indirectly in the context of class action litigation. However, a certain hostility toward class actions …
Kentucky Law Survey: Evidence, Richard H. Underwood
Kentucky Law Survey: Evidence, Richard H. Underwood
Law Faculty Scholarly Articles
Kentucky courts faced a number of significant issues in evidence law during the Survey period. Several decisions dealt with character evidence and problems arising from the admission of evidence of prior criminal acts of the accused, either as substantive evidence or for impeachment. This Survey will highlight these cases and to a lesser degree discuss cases on hearsay admissions, opinion, the Kentucky Dead Man Statute and privilege, which also were decided during the Survey period.
Surface Mining In Kentucky, Carolyn S. Bratt
Surface Mining In Kentucky, Carolyn S. Bratt
Law Faculty Scholarly Articles
In 1977, Congress enacted the Surface Mining Control and Reclamation Act. The Act, designed to protect the environment and society from the adverse effects of surface coal mining and to insure uniform minimum nationwide regulatory standards, established a comprehensive regulatory scheme for surface mining and reclamation operations of both federal and non-federal lands within the United States.
The Secretary of the Interior, acting through the Office of Surface Mining and Reclamation within the Department of the Interior, is charged with administering and implementing the Act. Implementation is divided into two stages. During the initial, or interim phase, all surface mining …
A Comparative Negligence Checklist To Avoid Future Unnecessary Litigation, John M. Rogers, Randy Donald Shaw
A Comparative Negligence Checklist To Avoid Future Unnecessary Litigation, John M. Rogers, Randy Donald Shaw
Law Faculty Scholarly Articles
Systems of comparative negligence, whereby the negligence of a plaintiff serves to reduce rather than to preclude tort recovery in negligence, have been adopted in thirty-nine states. The common law rule that contributory negligence is an absolute bar to recovery is still the law in Kentucky, although modified by the doctrine of "last clear chance." Kentucky may soon join the trend toward comparative negligence, however. In the last legislative session, bills to adopt comparative negligence were introduced in both the House of Representatives and the Senate. A hearing on this subject was held by the Interim Judiciary and Civil Procedure …
Private Injunctive Relief Against Labor Union Violence, Thomas R. Haggard
Private Injunctive Relief Against Labor Union Violence, Thomas R. Haggard
Kentucky Law Journal
No abstract provided.
Fraud Between Sexual Partners Regarding The Use Of Contraceptives, Diane M. Carlton
Fraud Between Sexual Partners Regarding The Use Of Contraceptives, Diane M. Carlton
Kentucky Law Journal
No abstract provided.
Kentucky's New Abortion Law: Searching For The Outer Limits Of Permissible Regulation, Keith Moorman
Kentucky's New Abortion Law: Searching For The Outer Limits Of Permissible Regulation, Keith Moorman
Kentucky Law Journal
No abstract provided.
Inheritance Rights Of Illegitimate Children In Kentucky: A Need For Reform, J. Clarke Keller
Inheritance Rights Of Illegitimate Children In Kentucky: A Need For Reform, J. Clarke Keller
Kentucky Law Journal
No abstract provided.
Tax Deductions For Parents Of Children Attending Public And Nonpublic Schools: Mueller V. Allen, George Miller
Tax Deductions For Parents Of Children Attending Public And Nonpublic Schools: Mueller V. Allen, George Miller
Kentucky Law Journal
No abstract provided.
State Action Immunity And Preemption In Antitrust Challenges To State Pricing Laws: Alcoholic Beverage Control Board V. Taylor Drug Stores, Inc., Randy Donald Shaw
State Action Immunity And Preemption In Antitrust Challenges To State Pricing Laws: Alcoholic Beverage Control Board V. Taylor Drug Stores, Inc., Randy Donald Shaw
Kentucky Law Journal
No abstract provided.
Adequate Protection Under The Bankruptcy Act Of 1978, Donald Price
Adequate Protection Under The Bankruptcy Act Of 1978, Donald Price
Kentucky Law Journal
No abstract provided.
Rethinking Jurisdiction And Notice In Kentucky, John R. Leathers
Rethinking Jurisdiction And Notice In Kentucky, John R. Leathers
Kentucky Law Journal
No abstract provided.
Legal Ethics And Class Actions: Problems, Tactics And Judicial Responses, Richard H. Underwood
Legal Ethics And Class Actions: Problems, Tactics And Judicial Responses, Richard H. Underwood
Kentucky Law Journal
No abstract provided.
Judicial V. Legislative Power In Kentucky: A "Comity" Of Errors, Douglas L. Mcswain
Judicial V. Legislative Power In Kentucky: A "Comity" Of Errors, Douglas L. Mcswain
Kentucky Law Journal
No abstract provided.
Out Of The Sunshine And Into The Shadows: Six Years Of Misinterpretation Of The Personal Privacy Exemption Of The Kentucky Open Records Act, Jerome E. Wallace
Out Of The Sunshine And Into The Shadows: Six Years Of Misinterpretation Of The Personal Privacy Exemption Of The Kentucky Open Records Act, Jerome E. Wallace
Kentucky Law Journal
No abstract provided.
Trade Secrets V. Environmental Protection: Conflict Over The Use Of Private Contractors To Conduct E.P.A. Inspections, Larry Sykes
Trade Secrets V. Environmental Protection: Conflict Over The Use Of Private Contractors To Conduct E.P.A. Inspections, Larry Sykes
Kentucky Law Journal
No abstract provided.
Discovery Of Government Attorney Work Product Under The Foia, Richard Allen Vance
Discovery Of Government Attorney Work Product Under The Foia, Richard Allen Vance
Kentucky Law Journal
No abstract provided.