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Articles 1 - 30 of 44
Full-Text Articles in Law
The Review, Spring 1985, University Of Kentucky College Of Law
The Review, Spring 1985, University Of Kentucky College Of Law
Annual Magazines
No abstract provided.
An Open Attack On The Nonsense Of Blue Sky Regulation, Rutheford B. Campbell Jr.
An Open Attack On The Nonsense Of Blue Sky Regulation, Rutheford B. Campbell Jr.
Law Faculty Scholarly Articles
The evolution of state securities laws (hereinafter "blue sky laws") in this country is a classic example of regulation that was, perhaps, initially justified and that was apparently promulgated with the best of motives, but which now is actually harmful to society. Today, blue sky laws are ineffective, philosophically unsound, and unnecessarily expensive, and they should be substantially eliminated. Because of the vested interests that have developed, however, it is unlikely that states will respond to this problem, and it will probably take action by the United States Congress to preempt the area. Such an action is appropriate and, indeed, …
Separation Of Powers, Legislative Vetoes, And The Public Lands, Eugene R. Gaetke
Separation Of Powers, Legislative Vetoes, And The Public Lands, Eugene R. Gaetke
Law Faculty Scholarly Articles
The Supreme Court's decision in Immigration and Naturalization Service v. Chadha struck a serious, if not fatal, blow to the constitutional acceptability of the legislative veto. In Chadha the Court held that a provision of the Immigration and Naturalization Act, which permitted one House of Congress to reverse a decision by the Attorney
General not to deport an alien, was a violation of the doctrine of separation of powers since it did not comply with the requirements of passage by both Houses of Congress and presentment to the President. In light of that decision, the constitutionality of nearly 200 statutes …
Public Access Channels In Cable Television: The Economic Scarcity Rationale Of Berkshire V. Burke, Laurel L.F. Garrett
Public Access Channels In Cable Television: The Economic Scarcity Rationale Of Berkshire V. Burke, Laurel L.F. Garrett
Kentucky Law Journal
No abstract provided.
Kentucky Law Survey: Arbitration, Thomas J. Stipanowich
Kentucky Law Survey: Arbitration, Thomas J. Stipanowich
Kentucky Law Journal
No abstract provided.
The Uniform Commercial Code As Applied To Implied Warranties Of "Merchantability" And "Fitness" In The Sale Of Horses, John Alan Cohan
The Uniform Commercial Code As Applied To Implied Warranties Of "Merchantability" And "Fitness" In The Sale Of Horses, John Alan Cohan
Kentucky Law Journal
No abstract provided.
Survey Of The Law And Selected Issues Relating To The Deductibility Of Soil And Water Conservation Expenditures Under Section 175 Of The Internal Revenue Code, Lonnie R. Beard
Kentucky Law Journal
No abstract provided.
Antitrust Implications Of Agricultural Cooperatives, Stephen D. Hawke
Antitrust Implications Of Agricultural Cooperatives, Stephen D. Hawke
Kentucky Law Journal
No abstract provided.
Taking And Pursuing A Case: Some Observations Regarding "Legal Ethics" And Attorney Accountability, Richard H. Underwood
Taking And Pursuing A Case: Some Observations Regarding "Legal Ethics" And Attorney Accountability, Richard H. Underwood
Kentucky Law Journal
No abstract provided.
Kentucky Law Survey: Workers' Compensation, Norman E. Harned, Scott A. Bachert
Kentucky Law Survey: Workers' Compensation, Norman E. Harned, Scott A. Bachert
Kentucky Law Journal
No abstract provided.
Refuting The “Classic” Property Clause Theory, Eugene R. Gaetke
Refuting The “Classic” Property Clause Theory, Eugene R. Gaetke
Law Faculty Scholarly Articles
In a series of cases the Supreme Court has recognized broad, preemptive federal regulatory power over federally owned land. The Court has based these decisions on the combined effect of the property and supremacy clauses of the Constitution. The scope of this power has been the cause of a heated political and legal debate in western states, which contain extensive federal land holdings. A number of legal commentators have argued that the Court's broad construction of the property clause is a misinterpretation of the Framers' intent and that the clause merely grants the federal government proprietary rights over its land …
Taking And Pursuing A Case: Some Observations Regarding "Legal Ethics" And Attorney Accountability, Richard H. Underwood
Taking And Pursuing A Case: Some Observations Regarding "Legal Ethics" And Attorney Accountability, Richard H. Underwood
Law Faculty Scholarly Articles
This Article addresses some of the potential liabilities that may arise from an attorney's decision to decline, refer, undertake, continue or discontinue the prosecution of a civil action. This Article suggests that counsel's obligations to his or her client, adversary, and fellow members of the bar, as well as to the judiciary and the justice system, can be balanced without subjecting attorneys to liability. This balance can be attained, however, only if potential problems are spotted and minimal precautions are taken.
The Plight Of Small Issuers (And Others) Under Regulation D: Those Nagging Problems That Need Attention, Rutheford B. Campbell Jr.
The Plight Of Small Issuers (And Others) Under Regulation D: Those Nagging Problems That Need Attention, Rutheford B. Campbell Jr.
Law Faculty Scholarly Articles
Regulation D traces its roots to section 4(2) and section 3(b) of the Securities Act of 1933. Both of these sections are designed to relieve an issuer from the pains of registration under the 1933 Act in situations where Congress deemed such registration inappropriate. Therefore, under section 4(2), no registration is required for "transactions by an issuer not involving any public offering." Section 3(b) is not a self-executing exemption but instead permits the Securities and Exchange Commission to enact rules and regulations exempting issuers from registration requirements "if it finds that ... [registration] is not necessary in the public interest …
Kentucky Law Survey: Property, Carolyn S. Bratt
Kentucky Law Survey: Property, Carolyn S. Bratt
Law Faculty Scholarly Articles
Law students, and probably practitioners, are often perplexed by the multitude of topics covered under the rubric of property law. Unfortunately, this Survey article does nothing to dispel the impression of property law as a hodgepodge of unrelated topics. This Survey of recent decisions in Kentucky discusses topics ranging literally from "a" to "z"-adverse possession to zoning.
Kentucky Law Survey: Domestic Relations, Louise Everett Graham
Kentucky Law Survey: Domestic Relations, Louise Everett Graham
Law Faculty Scholarly Articles
The following article presents a survey of domestic relations law in the Commonwealth of Kentucky. During the survey period, the Kentucky appellate courts faced a series of cases that involved not only the usual problems relating to property division, post divorce support obligations and child custody, but which also implicated a number of federal statutory attempts' to regulate areas long considered solely the province of state regulation. The presence of new federal legislation in these areas represents Congressional attempts to solve some major difficulties in the domestic relations area. Few persons would argue, for example, that the battle for jurisdiction …
Kentucky Law Survey: Criminal Procedure, William H. Fortune
Kentucky Law Survey: Criminal Procedure, William H. Fortune
Law Faculty Scholarly Articles
Many important criminal procedure cases were decided by the Kentucky appellate courts during the Survey period-too many to permit meaningful comment on each case. The author has selected those criminal procedure cases he feels are most significant and has not attempted to comment on penal code cases, most of which involve matters of criminal law.
Using Formulas To Separate Marital And Nonmarital Property: A Policy Oriented Approach To The Division Of Appreciated Property Upon Divorce, Louise Everett Graham
Using Formulas To Separate Marital And Nonmarital Property: A Policy Oriented Approach To The Division Of Appreciated Property Upon Divorce, Louise Everett Graham
Law Faculty Scholarly Articles
Over the past ten years every writer venturing to discuss domestic relations must have been tempted to emphasize the importance of his or her work by opening with mention of the growing number of divorce cases confronting the court system. Beyond its numerical impact upon the judicial process, however, divorce litigation provides an important opportunity for the study of property rights and the institutions from which those fights are derived. Divorce cases increasingly involve difficult and complex questions concerning the marital property rights of the marriage partners. The importance of marital property cases is broader than the individual rules that …
The Draft Restatement: A Critique From A Securities Regulation Perspective, Douglas C. Michael, Daniel L. Goelzer, Jacob H. Stillman, Elisse B. Walter, Anne H. Sullivan
The Draft Restatement: A Critique From A Securities Regulation Perspective, Douglas C. Michael, Daniel L. Goelzer, Jacob H. Stillman, Elisse B. Walter, Anne H. Sullivan
Law Faculty Scholarly Articles
For the past several years, the American Law Institute has been preparing a proposed revision of the Restatement (Second) of the Foreign Relations Law of the United States (“Draft Restatement”). This article is a critique from a securities regulation perspective of the Draft Restatement's sections 402, 403, 416, 418, 419, 420 and 431.1 In short, the Draft Restatement departs substantially from existing law. It would add dangerous vagueness and uncertainty to the jurisdictional analysis used to determine whether the United States securities laws will be applied to transnational securities activities. In particular, the complicated balancing inquiry required under the Draft …
Retribution And Deterrence: The Role Of Punitive Damages In Products Liability Litigation, Richard C. Ausness
Retribution And Deterrence: The Role Of Punitive Damages In Products Liability Litigation, Richard C. Ausness
Law Faculty Scholarly Articles
Punitive damages constitute an award to an injured party above what is necessary to compensate for actual loss. This Article considers whether punitive damages are an effective means of promoting the goals of products liability law. Section I traces the use of punitive damages in products liability litigation from the early 1960's to the present time. Section II examines the traditional rationales for punitive damages and considers whether they are appropriate in the products liability context. Finally, Section III evaluates some of the measures that commentators have proposed to adapt more fully the concept of punitive damages to products liability …
Modernizing Kentucky's Uniform Commercial Code, Harold R. Weinberg, Louise Everett Graham, Thomas J. Stipanowich
Modernizing Kentucky's Uniform Commercial Code, Harold R. Weinberg, Louise Everett Graham, Thomas J. Stipanowich
Law Faculty Scholarly Articles
In 1958 Kentucky became the third state to enact the Uniform Commercial Code promulgated by the American Law Institute and the National Conference of Commissioners on Uniform State Laws. The General Assembly stated that this legislation was intended to modernize, clarify and simplify the law of commercial transactions. Enactment of the Code also evidenced the legislature's intent to make Kentucky commercial law uniform with that of the other states. Subsequent General Assemblies further implemented these policies by enacting substantially all of the uniform amendments to the Code proposed by the ALI and NCCUSL through 1964.
Unfortunately, these enactments represent our …
Ethics: Professionalism, Craft, And Failure, James R. Elkins
Ethics: Professionalism, Craft, And Failure, James R. Elkins
Kentucky Law Journal
No abstract provided.
The Secured Farm Creditor's Interest In Federal Price Supports: Policies And Priorities, Paul B. Rasor, James B. Wadley
The Secured Farm Creditor's Interest In Federal Price Supports: Policies And Priorities, Paul B. Rasor, James B. Wadley
Kentucky Law Journal
No abstract provided.
Supplemental Groundwater Irrigation Law: From Capture To Sharing, A. Dan Tarlock
Supplemental Groundwater Irrigation Law: From Capture To Sharing, A. Dan Tarlock
Kentucky Law Journal
No abstract provided.
The Future Of Transferable Development Rights In The Supreme Court, Linda A. Malone
The Future Of Transferable Development Rights In The Supreme Court, Linda A. Malone
Kentucky Law Journal
No abstract provided.
Insolvencies In Farming And Agribusinesses, Stewart E. Bland
Insolvencies In Farming And Agribusinesses, Stewart E. Bland
Kentucky Law Journal
No abstract provided.
Chemical Trespass?--An Overview Of Statutory And Regulatory Efforts To Control Pesticide Drift, Sarah E. Redfield
Chemical Trespass?--An Overview Of Statutory And Regulatory Efforts To Control Pesticide Drift, Sarah E. Redfield
Kentucky Law Journal
No abstract provided.
Capital Juries And The Fair Cross-Section Requirement: Modern Constitutional Reasoning In Jury Selection, John Coleman Ayers
Capital Juries And The Fair Cross-Section Requirement: Modern Constitutional Reasoning In Jury Selection, John Coleman Ayers
Kentucky Law Journal
No abstract provided.
The Civil Rights Pornography Ordinances--An Examination Under The First Amendment, Valerie J. Hamm
The Civil Rights Pornography Ordinances--An Examination Under The First Amendment, Valerie J. Hamm
Kentucky Law Journal
No abstract provided.
Private Property And Environmental Regulatory Takings: A Forward Look Into Rights And Remedies, As Illustrated By An Excursion Into The Wild Rivers Act Of Kentucky, Monique Duparc Winther
Private Property And Environmental Regulatory Takings: A Forward Look Into Rights And Remedies, As Illustrated By An Excursion Into The Wild Rivers Act Of Kentucky, Monique Duparc Winther
Kentucky Law Journal
No abstract provided.
The False Claims Act And The Proposed Program Fraud Civil Remedies Act: Complementary Partners In The Prevention Of Federal Program Fraud, Alexander M. Waldrop
The False Claims Act And The Proposed Program Fraud Civil Remedies Act: Complementary Partners In The Prevention Of Federal Program Fraud, Alexander M. Waldrop
Kentucky Law Journal
No abstract provided.