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Articles 1 - 30 of 100
Full-Text Articles in Law
Vawa @ 20: Building The Knowledge Base: Research Funding Through Vawa, Claire M. Renzetti, Rebecca M. Campbell, Allison Adair
Vawa @ 20: Building The Knowledge Base: Research Funding Through Vawa, Claire M. Renzetti, Rebecca M. Campbell, Allison Adair
Sociology Faculty Publications
No abstract provided.
“Danger Is My Business”: The Right To Manufacture Unsafe Products, Richard C. Ausness
“Danger Is My Business”: The Right To Manufacture Unsafe Products, Richard C. Ausness
Law Faculty Scholarly Articles
While no one would dispute that safety is a desirable objective, it may not always be an absolute priority. Rather, in some cases, other societal interests such as personal autonomy, consumer choice, product cost, and performance may trump legitimate safety goals. This is reflected in some of the doctrines and defenses that have evolved to protect the producers of unsafe products against tort liability. Some of these doctrines, such as those determining liability for the producers of optional safety equipment, inherently dangerous products, products with obvious hazards, and prescription drugs and medical devices, are part of the law of products …
The Lexis Two-Step: After Two Major Updates In 2014, Lexis Advance Empowers Users With Improved Functionality, Beau Steenken
The Lexis Two-Step: After Two Major Updates In 2014, Lexis Advance Empowers Users With Improved Functionality, Beau Steenken
Law Faculty Popular Media
In this article, the author discusses improvements to the Lexis Advance research platform.
What Is Criminal Restitution?, Cortney E. Lollar
What Is Criminal Restitution?, Cortney E. Lollar
Law Faculty Scholarly Articles
A new form of restitution has become a core aspect of criminal punishment. Courts now order defendants to compensate victims for an increasingly broad category of losses, including emotional and psychological losses and losses for which the defendant was not found guilty. Criminal restitution therefore moves far beyond its traditional purpose of disgorging a defendant's ill-gotten gains. Instead, restitution has become a mechanism of imposing additional punishment. Courts, however, have failed to recognize the punitive nature of restitution and thus enter restitution orders without regard to the constitutional protections that normally attach to criminal proceedings. This Article deploys a novel …
Family Unity Revisited: Divorce, Separation, And Death In Immigration Law, Albertina Antognini
Family Unity Revisited: Divorce, Separation, And Death In Immigration Law, Albertina Antognini
Law Faculty Scholarly Articles
Families are integral to immigration law and policy, and family-based immigration accounts for the majority of legal entry into the United States. Legislative, judicial, and scholarly discussions that address immigration law's family-based categories rely nearly exclusively on the principle of family unification, which has long been a cornerstone policy of immigration law. Yet the family-based provisions of immigration law do more than unify intact families; understanding families as dynamic entities that experience change reveals an immigration system that acknowledges a flexible family structure in determining status.
The principal aim of this Article is to present a more complete description of …
Helping International Students Avoid The Plagiarism Minefield: Suggestions From A Second Language Teacher And Writer, Diane B. Kraft
Helping International Students Avoid The Plagiarism Minefield: Suggestions From A Second Language Teacher And Writer, Diane B. Kraft
Law Faculty Popular Media
In this column for Perspectives: Teaching and Writing, Professor Diane B. Kraft provides suggestions to address the problem of plagiarism by international law students.
Brief Of Education Law And Educational Measurement Professors As Amici Curiae In Support Of Plaintiffs-Appellants, Cook V. Stewart, Scott R. Bauries, Brian J. Sutherland, Cheryl B. Legare
Brief Of Education Law And Educational Measurement Professors As Amici Curiae In Support Of Plaintiffs-Appellants, Cook V. Stewart, Scott R. Bauries, Brian J. Sutherland, Cheryl B. Legare
Law Faculty Advocacy
This appeal, to be decided by the United States Court of Appeals for the 11th Circuit, challenges two egregious misuses of "value-added modeling," a controversial teacher evaluation method that attempts to isolate the affect of one teacher on the learning gains of that teacher's students, as derived from annual standardized test scores. With the approval of the State Appellees, the School District Appellees used the test scores of students who took the Florida Comprehensive Assessment Test in reading and math to evaluate the teaching performance of teachers who either did not teach these students at all, or did not teach …
An Exploration Of Sexual Victimization And Academic Performance Among College Women, Carol E. Jordan, Jessica L. Combs, Gregory T. Smith
An Exploration Of Sexual Victimization And Academic Performance Among College Women, Carol E. Jordan, Jessica L. Combs, Gregory T. Smith
Office for Policy Studies on Violence Against Women Publications
The literature has documented the widespread nature of sexual assault victimization among college women. While the aftermath of violence against university women has also received focus, that is, documenting trauma-related sequelae; risk factors; reporting patterns; and legal interventions, the impact on academic performance has not received adequate attention in the literature. The primary purpose of this study was to explore the association of rape and sexual assault with academic performance among college women. Its specific aims included the following: to compare high school and college sexual assault experiences with collegiate grade point averages (GPAs) at key points in time; to …
A Common Law Constitutionalism For The Right To Education, Scott R. Bauries
A Common Law Constitutionalism For The Right To Education, Scott R. Bauries
Law Faculty Scholarly Articles
This Article makes two claims, one descriptive and the other normative. The descriptive claim is that individual rights to education have not been realized under state constitutions because the currently dominant structure of education reform litigation prevents such realization. In state constitutional education clause claims, both pleadings and adjudication generally focus on the equality or adequacy of the system as a whole, rather than on any particular student's educational resources or attainment. The Article traces the roots of the currently dominant systemic approach, and finds these roots in federal institutional reform litigation. This systemic focus leads to a systemic, rather …
Teaching First-Year Law Students To Read So Carefully That They Discover A "Mistake" In A Judicial Opinion, Jane Bloom Grisé
Teaching First-Year Law Students To Read So Carefully That They Discover A "Mistake" In A Judicial Opinion, Jane Bloom Grisé
Law Faculty Popular Media
In this column for The Learning Curve, Professor Grisé discusses how to teach critical reading skills to first-year law students.
Same Sex Marriage In A Post-Perry And Windsor America, Kathryn L. Moore, Allison I. Connelly, Ross T. Ewing
Same Sex Marriage In A Post-Perry And Windsor America, Kathryn L. Moore, Allison I. Connelly, Ross T. Ewing
Law Faculty Scholarly Articles
These materials accompanied a presentation at the 2014 Kentucky Bar Association Annual Convention entitled Same Sex Marriage in a Post-Perry and Windsor America. The focus of this presentation was on: the legal landscape following major LGBTQ civil rights cases; how these cases would impact families in Kentucky; and any employment or retirement issues.
Tertiary Prevention Programs For Women Who Use Violence In Intimate Relationships, Susan Miller, Lisa Young Larance
Tertiary Prevention Programs For Women Who Use Violence In Intimate Relationships, Susan Miller, Lisa Young Larance
NSF-NIJ IPV Prevention Workshop
No abstract provided.
Restorative Justice As An Alternative To Criminalization?, James Ptacek
Restorative Justice As An Alternative To Criminalization?, James Ptacek
NSF-NIJ IPV Prevention Workshop
This paper will review the evaluation research on restorative justice (RJ) in cases of intimate partner violence. What do we know about how well RJ ensures the safety and immediate needs of survivors? What do we know about how well survivors feel a sense of justice as a result of these practices? What do we know about the ability of these practices to hold offenders accountable, and to prevent further offending?
Who Benefits And Who Loses In The Criminalization Of Ipv?, Beth E. Richie
Who Benefits And Who Loses In The Criminalization Of Ipv?, Beth E. Richie
NSF-NIJ IPV Prevention Workshop
Click the Download button on the right to access the presentation slides.
Click the Additional File link below to access the paper.
Screening For Ipv In Formal And Informal Settings, Nancy Glass, Elizabeth Miller
Screening For Ipv In Formal And Informal Settings, Nancy Glass, Elizabeth Miller
NSF-NIJ IPV Prevention Workshop
Overview
Within the last 20 years, gender-based violence (GBV) has gained increased attention globally. GBV is defined as types of violence that primarily women/girls experience, including physical violence (e.g., hitting, punching, kicked, slapped, choked, hurt with a weapon, or otherwise physically hurt), sexual violence (e.g. unprotected forced sex, coercive behaviors, including sexual slavery and coerced abortion), and psychological harm (e.g. controlling behaviors, stalking, threats of violence). These acts of violence are perpetrated by members of women/girl’s family, acquaintances, and/or strangers in the home, community and/or during armed conflict. Globally, an estimated 35% of women experience physical and/or sexual violence in …
Engaging Men In Ipv Prevention, Richard Tolman, Tova Walsh
Engaging Men In Ipv Prevention, Richard Tolman, Tova Walsh
NSF-NIJ IPV Prevention Workshop
Overview of the Presentation
- Rationale and framework for engaging boys and men in IPV prevention
- State of the research
- Key issues and challenges
- Priority settings and developmental periods for engaging boys and men
- Engaging men as fathers
- Engaging men in couples
- Global efforts to engage men in primary prevention
- Men as allies to end gender-based violence
- Future directions for research
Discussion: Evaluating Bystanding And Similar Primary Prevention Programs, Victoria Banyard
Discussion: Evaluating Bystanding And Similar Primary Prevention Programs, Victoria Banyard
NSF-NIJ IPV Prevention Workshop
No abstract provided.
Primary Prevention Programs In Educational Settings, Ann L. Coker, Eileen Recktenwald
Primary Prevention Programs In Educational Settings, Ann L. Coker, Eileen Recktenwald
NSF-NIJ IPV Prevention Workshop
What we will cover
- Brief review of programs with efficacy to reduce IPV / SV in educational settings.
- Story of EMPOWER to Green Dot: Practice to Research and back
- Testing a primary prevention bystander based intervention in statewide randomized intervention trial in 26 high schools
- UK and KASAP partnership
Selma To Saigon, Daniel S. Lucks
Selma To Saigon, Daniel S. Lucks
Civil Rights
The civil rights and anti–Vietnam War movements were the two greatest protests of twentieth-century America. The dramatic escalation of U.S. involvement in Vietnam in 1965 took precedence over civil rights legislation, which had dominated White House and congressional attention during the first half of the decade. The two issues became intertwined on January 6, 1966, when the Student Nonviolent Coordinating Committee (SNCC) became the first civil rights organization to formally oppose the war, protesting the injustice of drafting African Americans to fight for the freedom of the South Vietnamese people when they were still denied basic freedoms at home.
Selma …
Citations: Suggestions For Citing Authority Without Distracting The Reader, Kristin J. Hazelwood
Citations: Suggestions For Citing Authority Without Distracting The Reader, Kristin J. Hazelwood
Law Faculty Popular Media
In this column for Kentucky Bar Association's magazine (B&B - Bench & Bar), Professor Hazelwood makes four suggestions to "un-clutter" legal writing. Practitioners are encouraged to: (1) limit string citations; (2) keep citations at the end of the sentence; (3) use explanatory parentheticals to explain the significance of citations, but not to replace text; and (4) avoid unnecessary repetition.
Technology And Client Communications: Preparing Law Students And New Lawyers To Make Choices That Comply With The Ethical Duties Of Confidentiality, Competence, And Communication, Kristin J. Hazelwood
Technology And Client Communications: Preparing Law Students And New Lawyers To Make Choices That Comply With The Ethical Duties Of Confidentiality, Competence, And Communication, Kristin J. Hazelwood
Law Faculty Scholarly Articles
That the use of technology has radically changed the legal profession is beyond dispute. Through technology, lawyers can now represent clients in faraway states and countries, and they can represent even local clients through a “virtual law office.” Gone are the times in which the lawyer’s choices for communicating with clients primarily involve preparing formal business letters to convey advice, holding in-person client meetings in the office, or conducting telephone calls with clients on landlines from the confines of the lawyer’s office. Not only do lawyers have choices about how to communicate with their clients, but they also frequently choose …
Farewell, School House Rock (Understanding Legislative History Through The Lens Of The Aca), Nicole Huberfeld
Farewell, School House Rock (Understanding Legislative History Through The Lens Of The Aca), Nicole Huberfeld
Law Faculty Popular Media
In this blog post, Professor Nicole Huberfeld reviews John Cannan's article A Legislative History of the Affordable Care Act: How Legislative Procedure Shapes Legislative History, 105 L. Library J. 131 (2013).
Reconstructing The Contours Of The Copyright Originality And Idea-Expression Doctrines Regarding The Right To Deny Access To Works, Michael D. Murray
Reconstructing The Contours Of The Copyright Originality And Idea-Expression Doctrines Regarding The Right To Deny Access To Works, Michael D. Murray
Law Faculty Scholarly Articles
Access to innovative scientific, literary, and artistic content has never been more important to the public than now, in the digital age. Thanks to the digital revolution carried out through such means as super-computational power at super-affordable prices, the Internet, broadband penetration, and contemporary computer science and technology, the global, national, and local public finds itself at the convergence of unprecedented scientific and cultural knowledge and content development, along with unprecedented means to distribute, communicate, and access that knowledge. This Article joins the conversation on the Access-to-Knowledge, Access-to-Medicine, and Access-to-Art movements by asserting that the copyright restrictions affecting knowledge, innovation, …
The Role Of Litigation In The Fight Against Prescription Drug Abuse, Richard C. Ausness
The Role Of Litigation In The Fight Against Prescription Drug Abuse, Richard C. Ausness
Law Faculty Scholarly Articles
Prescription drug abuse problems have prompted a number of responses by both drug users (and abusers) and by various federal and state government agencies.
Part I of this Article examines the impressive array of liability theories that individual litigants have relied upon in their lawsuits against Purdue. These theories include: negligence; strict products liability, including design defect and inadequate warning claims; breach of the implied warranty of merchantability; violation of state consumer protection statutes; negligent marketing; fraudulent misrepresentation; civil conspiracy; and "malicious conduct." Purdue, the company that developed OxyContin, has pursued an aggressive "no settlement" policy and has chosen to …
From Blue To Green: The Development And Implementation Of A Horticultural Therapy Program For Residents Of A Battered Women’S Shelter, Claire M. Renzetti, Diane R. Follingstad, Diane Fleet
From Blue To Green: The Development And Implementation Of A Horticultural Therapy Program For Residents Of A Battered Women’S Shelter, Claire M. Renzetti, Diane R. Follingstad, Diane Fleet
CRVAW Faculty Presentations
No abstract provided.
Brief Of Law Professors As Amici Curiae In Support Of Petitioner, Scott R. Bauries, Sheldon H. Nahmod, Paul M. Secunda, Joshua D. Branson
Brief Of Law Professors As Amici Curiae In Support Of Petitioner, Scott R. Bauries, Sheldon H. Nahmod, Paul M. Secunda, Joshua D. Branson
Law Faculty Advocacy
Amici curiae respectfully submit this brief in support of Petitioner, Edward Lane, encouraging the reversal of the judgment of the Eleventh Circuit, because the judgment below is inconsistent with both the Court’s general historical approach to public employee speech and the specific approach to such speech that the Court adopted in Garcetti v. Ceballos, 547 U.S. 410 (2006).
Amici are law professors who teach and write about the constitutional rights of public employees and have published a number of scholarly articles on these topics. Amici have no financial stake in the outcome of this case, and in this brief …
Proposed Regulation A Amendments Implementing The Jobs Act: Please, Sec, Revise Your Proposed Amendments In Order To Promote Small Business Capital Formation, Rutheford B. Campbell Jr.
Proposed Regulation A Amendments Implementing The Jobs Act: Please, Sec, Revise Your Proposed Amendments In Order To Promote Small Business Capital Formation, Rutheford B. Campbell Jr.
Law Faculty Advocacy
The Jobs Act was enacted to promote efficient access to external capital by small businesses. Title IV of the Jobs Act raises the limit on the exemption from federal registration provided by Regulation A to $50 million and requires the SEC to enact enabling regulations. The Commission’s first iteration of its proposed Regulation A amendments implementing Title IV of the Jobs Act fails to offer small businesses efficient access to external capital. Principally, this is because the proposed Regulation A amendments: (1) fail to preempt state registration authority over small offerings by small businesses relying on the proposed Regulation A …
The Past, Present And Future Of Auer Deference: Mead, Form And Function In Judicial Review Of Agency Interpretations Of Regulations, Michael P. Healy
The Past, Present And Future Of Auer Deference: Mead, Form And Function In Judicial Review Of Agency Interpretations Of Regulations, Michael P. Healy
Law Faculty Scholarly Articles
The law of judicial review of agency legal interpretations has undergone an important reshaping as a consequence of the Supreme Court decision in United States v. Mead Corp. That decision and the important follow-on decision in National Cable & Telecommunications Ass 'n v. Brand X Internet Services have changed the understanding of the Court's landmark 1984 decision in Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc. Chevron defined a new era of judicial deference to an agency's interpretation of an ambiguous statute, but the Chevron era has itself been transformed.
These legal developments had seemed to have little consequential …
River Of Hope, Elizabeth Gritter
River Of Hope, Elizabeth Gritter
Civil Rights
One of the largest southern cities and a hub for the cotton industry, Memphis, Tennessee, was at the forefront of black political empowerment during the Jim Crow era. Compared to other cities in the South, Memphis had an unusually large number of African American voters. Black Memphians sought reform at the ballot box, formed clubs, ran for office, and engaged in voter registration and education activities from the end of the Civil War through the Brown v. Board of Education decision of 1954.
In this groundbreaking book, Elizabeth Gritter examines how and why black Memphians mobilized politically in the period …
Proposed Crowdfunding Regulations Under The Jobs Act: Please, Sec, Revise Your Proposed Regulations In Order To Promote Small Business Capital Formation, Rutheford B. Campbell Jr.
Proposed Crowdfunding Regulations Under The Jobs Act: Please, Sec, Revise Your Proposed Regulations In Order To Promote Small Business Capital Formation, Rutheford B. Campbell Jr.
Law Faculty Advocacy
The Jobs Act was enacted to promote efficient access to external capital by small businesses. Title III of the Jobs Act offers small businesses the chance of efficient financial intermediation through crowdfunding. The crowdfunding exemption is not self-executing but, instead, requires regulatory implementation by the SEC.
The Commission’s first iteration of its crowdfunding rules fails to offer small businesses efficient access to external capital. Principally, this is because the proposed crowdfunding rules: (1) require excessive disclosures, especially regarding smaller crowdfunding offerings; (2) fail to offer small businesses relying on the crowdfunding exemption two-way safe harbor integration protection; and (3) fail …