Law Commons^™

Libel Per Quod In Florida, Richard C. Ausness

Law Faculty Scholarly Articles

The purpose of this article is to trace the development of the rules of defamation with particular reference to extrinsic fact. A defamatory communication is one that tends to diminish the esteem, respect, good will, or confidence in which a person is held or to excite adverse, derogatory, or unpleasant feelings or opinions against him. To be actionable under the modem law, however, the defendant's statement must be capable of a defamatory meaning in the sense normally understood.

Defamation consists of the separate torts of libel and slander. Historically, these torts evolved independently of each other, and as a result …

Water Quality Control: A Modern Approach To State Regulation, Richard C. Ausness, Frank E. Maloney

Law Faculty Scholarly Articles

The American public of late has shown increasing concern over the quality of the environment. Water pollution has long been recognized as a major threat to a better environment. Municipal, industrial, and agricultural operations all contribute to the pollution problem. Municipalities empty millions of gallons of inadequately-treated sewage into the nation's rivers and streams. Municipal wastes are almost exclusively organic in nature. Currently municipal wastes are estimated to average about ten million tons annually while industrial pollution averages approximately fifteen million tons. Treatment in general is technologically feasible; the primary impediment is financial inability on the part of municipalities to …

Criminal Law Revision In Kentucky: Part Ii—Inchoate Crimes, Robert G. Lawson

Law Faculty Scholarly Articles

Kentucky, like other jurisdictions, imposes criminal sanctions for conduct that is designed to achieve a criminal result but fails for some reason to accomplish its anti-social objective. Such conduct is punishable, if at all, as criminal attempt, criminal conspiracy, or criminal solicitation. In looking toward revision, attention should be focused initially upon the objectives to be promoted by classifying unsuccessful, anti-social conduct as criminal behavior.

First: There is obviously need for a firm basis for the intervention of law enforcement agencies to prevent a person dedicated to the commission of a crime from consummating it. In determining that basis, attention …

Lawyer Supply And Demand In Kentucky Over The Next Decade, Alvin L. Goldman

Law Faculty Scholarly Articles

Projecting future needs is a painstaking and hazardous affair. Avoiding such pain, however, is even more hazardous. There is good reason to attempt to project the next decade's need for, and potential supply of, new lawyers in Kentucky. Adequate legal services are an important ingredient in orderly economic growth and an essential element in preserving a free society. On the other hand, an over-abundance of lawyers can depress the economics of the profession to the point at which its ability to sustain desired standards of ethical conduct and to attract a high caliber of new talent are both threatened. Moreover, …

Criminal Law Revision In Kentucky: Part I—Homicide And Assault, Robert G. Lawson

Law Faculty Scholarly Articles

At the present time the Kentucky Commission on Law Enforcement and Crime Prevention and the Legislative Research Commission are jointly engaged in a project designed to revise the state's substantive criminal law. This effort is justifiable only if the existing law is defective and the "revision will result in significant improvement in [criminal law] administration." A cursory examination of the criminal statutes, with no reference to case law, leaves not the slightest doubt as to the need for revision. Until now no major attempt at revision has ever been undertaken in this state. As a consequence, the statutes are devoid …