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Full-Text Articles in Law

Consumer Bankruptcy Update, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, Sandra D. Freeburger, Thomas L. Canary, Ann E. Samani, W. Thomas Bunch, David M. Cantor, Jan C. Morris, Beverly M. Burden, William W. Lawrence, Lisa Koch Bryant, Dean A. Langdon, Joan Lloyd Cooper, Henry H. Dickinson, William S. Howard, Joseph M. Scott Jr., Joe Lee, C.R. Bowles Jr., Alan C. Stout, James D. Lyon, Sandra D. Freeburger, Geneva F. Parris, Joseph J. Golden, John R. Stonitsch, Hal D. Friedman, Gregory R. Schaaf, Richard H. Nowka, Christopher W. Frost, Scott A. Bachert, Michael L. Baker, Cathy S. Pike Dec 2000

Consumer Bankruptcy Update, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, Sandra D. Freeburger, Thomas L. Canary, Ann E. Samani, W. Thomas Bunch, David M. Cantor, Jan C. Morris, Beverly M. Burden, William W. Lawrence, Lisa Koch Bryant, Dean A. Langdon, Joan Lloyd Cooper, Henry H. Dickinson, William S. Howard, Joseph M. Scott Jr., Joe Lee, C.R. Bowles Jr., Alan C. Stout, James D. Lyon, Sandra D. Freeburger, Geneva F. Parris, Joseph J. Golden, John R. Stonitsch, Hal D. Friedman, Gregory R. Schaaf, Richard H. Nowka, Christopher W. Frost, Scott A. Bachert, Michael L. Baker, Cathy S. Pike

Continuing Legal Education Materials

Materials from the Consumer Bankruptcy Update presentations held by UK/CLE in December 2000.


Reconsidering The Reliance Interest, Christopher W. Frost Oct 2000

Reconsidering The Reliance Interest, Christopher W. Frost

Law Faculty Scholarly Articles

This essay discusses the place of Fuller and Perdue's The Reliance Interest in Contract Damages in the contracts classroom. After first describing my use of The Reliance Interest, I will set out what I consider to be the pedagogical benefits of beginning the course with remedies and the attractiveness of Fuller and Perdue's analytical model in conveying an understanding of the remedial structure. Next, I will discuss the views of critics Craswell, Kelly and Barnes. Finally, I will revisit the place of Fuller and Perdue's work in the contracts course in light of these criticisms.


To Know A Veil, Douglas C. Michael Oct 2000

To Know A Veil, Douglas C. Michael

Law Faculty Scholarly Articles

Lawyers, judges, law students, and law professors have a love-hate relationship with the doctrine of “piercing the corporate veil”—the idea that shareholders might sometimes be personally liable for the debts of the corporation. It is the subject covered more than all others in courses on corporation law. It is widely litigated, being the subject of thousands of opinions. Yet, for all this attention, it is routinely vilified by the experts. Most commentators recognize that it is jurisprudence without substance.

This Article is an attempt to form a basis for rigorous analysis of virtually every veil-piercing case and to rid the …


27th Annual Midwest/Midsouth Estate Planning Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, Turney P. Berry, Edward J. Beckwith, Kathleen C. Thompson, David J. Herzig, Andrew R. Jacobs, Emily Ledford Lawrence, Wayne F. Wilson, Melony J. Lane, Douglas Dean, Eric A. Manterfield Jul 2000

27th Annual Midwest/Midsouth Estate Planning Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, Turney P. Berry, Edward J. Beckwith, Kathleen C. Thompson, David J. Herzig, Andrew R. Jacobs, Emily Ledford Lawrence, Wayne F. Wilson, Melony J. Lane, Douglas Dean, Eric A. Manterfield

Continuing Legal Education Materials

Materials from the 27th Annual Midwest/Midsouth Estate Planning Institute held by UK/CLE in July 2000.


The Application Of Product Liability Principles To Publishers Of Violent Or Sexually Explicit Material, Richard C. Ausness Jul 2000

The Application Of Product Liability Principles To Publishers Of Violent Or Sexually Explicit Material, Richard C. Ausness

Law Faculty Scholarly Articles

There have been a number of tragic incidents during the past few years in which mentally unstable teenagers have carried guns into school and shot teachers and fellow students. These schoolyard killings have generated an intense debate about the problem of violence in our society. Some social commentators have attributed teenage violence to the widespread availability of firearms, while others blame parental neglect, lack of discipline in the schools, or the declining influence of religion and morality in contemporary culture. However, another source of concern is the popular media, which stands accused of purveying sex and violence on a massive …


The Insidious Remnants Of State Rules Respecting Capital Formation, Rutheford B. Campbell Jr. Jul 2000

The Insidious Remnants Of State Rules Respecting Capital Formation, Rutheford B. Campbell Jr.

Law Faculty Scholarly Articles

As we move into the Twenty-First Century, state blue sky laws and regulations continue to govern a significant portion of the capital formation activities of our domestic businesses. As a result, state administrators, influenced by their historically informed preferences and local traditions, continue to play important roles when businesses attempt to access external capital sources.

Today, however, the effects of state blue sky laws, regulations, and administrators on capital formation are felt almost exclusively by small businesses. The capital formation activities of larger businesses generally have been freed from state control, most recently by the preemption contained in the National …


Evaluating Scientific And Forensic Evidence, Richard H. Underwood Jul 2000

Evaluating Scientific And Forensic Evidence, Richard H. Underwood

Law Faculty Scholarly Articles

Professor Underwood offers a critique of the present state of scientific and forensic evidence. In the context of discussing four challenges to the field, the author arms the practitioner with strategies and tactics for making effective use of scientific and forensic testimony.


7th Biennial Employment Law Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, George J. Miller, W. Kevin Smith, James G. Fogle, Theresa C. Gilbert, Donna H. Terry Jun 2000

7th Biennial Employment Law Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, George J. Miller, W. Kevin Smith, James G. Fogle, Theresa C. Gilbert, Donna H. Terry

Continuing Legal Education Materials

Materials from the 7th Biennial Employment Law Institute held by UK/CLE in June 2000.


Standing In Environmental Citizen Suits: Laidlaw’S Clarification Of The Injury-In-Fact And Redressability Requirements, Michael P. Healy Jun 2000

Standing In Environmental Citizen Suits: Laidlaw’S Clarification Of The Injury-In-Fact And Redressability Requirements, Michael P. Healy

Law Faculty Scholarly Articles

In its first week of business during the new millennium, the U.S. Supreme Court decided Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc., and provided important clarifications about the law of standing in environmental citizen suits. Specifically, the Court rejected the narrow view of environmental injury-in-fact advocated by Justice Scalia and instead adhered to the broader view of injury-in-fact established in a nonenvironmental context by the Court's decision in Federal Elections Commission v. Akins. As importantly, the Court also addressed the redressability requirement of Article III standing in Laidlaw. Here too, the Court did …


16th Annual Environmental Law Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, Christopher R. Fitzpatrick, Carl W. Breeding, Timothy J. Hagerty, Marc S. Murphy, Wanda Ballard Repasky, Clinton J. Elliott, Thomas W. Fitzgerald, Dennis J. Conniff, Laura D. Keller, W. Blaine Early, Eric A. Braun, Michael P. Healy, Glenna Jo Curry, James L. Dickinson, W. Patrick Stallard, Richard H. Underwood May 2000

16th Annual Environmental Law Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, Christopher R. Fitzpatrick, Carl W. Breeding, Timothy J. Hagerty, Marc S. Murphy, Wanda Ballard Repasky, Clinton J. Elliott, Thomas W. Fitzgerald, Dennis J. Conniff, Laura D. Keller, W. Blaine Early, Eric A. Braun, Michael P. Healy, Glenna Jo Curry, James L. Dickinson, W. Patrick Stallard, Richard H. Underwood

Continuing Legal Education Materials

Materials from the 16th Annual Environmental Law Institute held by UK/CLE in May 2000.


20th Annual Conference On Legal Issues For Financial Institutions, Office Of Continuing Legal Education At The University Of Kentucky College Of Law Apr 2000

20th Annual Conference On Legal Issues For Financial Institutions, Office Of Continuing Legal Education At The University Of Kentucky College Of Law

Continuing Legal Education Materials

Program and materials from the 20th Annual Legal Issues for Financial Institutions Conference held by UK/CLE in April of 2000.


“Waive” Goodbye To Tort Liability: A Proposal To Remove Paternalism From Product Sales Transactions, Richard C. Ausness Apr 2000

“Waive” Goodbye To Tort Liability: A Proposal To Remove Paternalism From Product Sales Transactions, Richard C. Ausness

Law Faculty Scholarly Articles

This Article argues that waivers of tort liability should be permitted in connection with product sales. Currently, sellers cannot limit their liability under tort law for personal injuries caused by defective products even though such waivers are allowed, albeit reluctantly, under principles of negligence and warranty law. Existing principles of products liability law should be modified, either by legislation or by court action, to allow at least limited use of these waivers.


Partial Privatization Of Social Security: Assessing Its Effect On Women, Minorities, And Lower-Income Workers, Kathryn L. Moore Apr 2000

Partial Privatization Of Social Security: Assessing Its Effect On Women, Minorities, And Lower-Income Workers, Kathryn L. Moore

Law Faculty Scholarly Articles

Once viewed as the “third rail” of politics, Social Security appears to be moving inexorably toward reform. In his 1998 State of the Union address, President Clinton proclaimed strengthening Social Security a high priority and called for bipartisan forums on Social Security reform to be held throughout the United States. Similarly, following the 1998 November elections, congressional leaders expressed commitment to “saving Society Security,” and House Ways and Means Chairman Bill Archer renewed his commitment to bipartisan reform of Social Security as recently as December 8, 1999 in a letter to President Clinton. Congressional hearings on reform proposals are ubiquitous, …


2nd Annual Computer & Technology Law Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, Carlyle C. Ring, Holly K. Towle, Timothy E. Nielander, John G. Hundley, J. Mark Grundy, Matthew M. Clark, David E. Fleenor, William L. Montague Jr., Jack E. Toliver, Joel T. Beres, Cynthia L. Stewart, Kenneth J. Tuggle, Kenneth R. Sagan, Stephen E. Gillen Mar 2000

2nd Annual Computer & Technology Law Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, Carlyle C. Ring, Holly K. Towle, Timothy E. Nielander, John G. Hundley, J. Mark Grundy, Matthew M. Clark, David E. Fleenor, William L. Montague Jr., Jack E. Toliver, Joel T. Beres, Cynthia L. Stewart, Kenneth J. Tuggle, Kenneth R. Sagan, Stephen E. Gillen

Continuing Legal Education Materials

Materials from the 2nd Annual Computer & Technology Law Institute held by UK/CLE in March 2000.


10th Biennial Midwest/Midsouth Securities Law Conference, Office Of Continuing Legal Education At The University Of Kentucky College Of Law Feb 2000

10th Biennial Midwest/Midsouth Securities Law Conference, Office Of Continuing Legal Education At The University Of Kentucky College Of Law

Continuing Legal Education Materials

Materials from the UK/CLE 10th Biennial Midwest/Midsouth Securities Law Conference held in February 2000.


Overview Of Environmental Regulations That Affect Coal Combustion, Cortland F. Eble Jan 2000

Overview Of Environmental Regulations That Affect Coal Combustion, Cortland F. Eble

Information Circular--KGS

Environmental regulations have had, and continue to have, an effect on the combustion of coal. These regulations largely affect the electric utility industry, the largest consumer of domestic coal, but they ultimately affect everyone, because we all use electricity, and the cost of compliance is usually passed on to the consumer, resulting in higher electric bills.


Stalking: Cultural, Clinical, And Legal Considerations, Carol E. Jordan, Karen Quinn, Bradley O. Jordan, Celia R. Daileader Jan 2000

Stalking: Cultural, Clinical, And Legal Considerations, Carol E. Jordan, Karen Quinn, Bradley O. Jordan, Celia R. Daileader

Office for Policy Studies on Violence Against Women Publications

Crimes of violence against women are unique in their treatment by our culture and our system of legal justice. Both culturally and statutorily, victims of crimes which have historically been perpetrated against women, such as rape, domestic violence, and stalking have received significant focus. This article highlights cultural considerations and provides a statutory and case law analysis.


Indirect Causation: A Reminder From The Biblical Goring Ox Rule For Fraud On The Market Securities Litigation, Andrew R. Simmonds Jan 2000

Indirect Causation: A Reminder From The Biblical Goring Ox Rule For Fraud On The Market Securities Litigation, Andrew R. Simmonds

Kentucky Law Journal

No abstract provided.


The Internet And Public International Law, John M. Rogers Jan 2000

The Internet And Public International Law, John M. Rogers

Kentucky Law Journal

No abstract provided.


Reporting On Child Pornography: A First Amendment Defense For Viewing Illegal Images?, Clay Calvert, Kelly Lyon Jan 2000

Reporting On Child Pornography: A First Amendment Defense For Viewing Illegal Images?, Clay Calvert, Kelly Lyon

Kentucky Law Journal

No abstract provided.


Scaling The Wall Between Church And State: An Analysis Of The Constitutionality Of School Vouchers, Allison M. Olczak Jan 2000

Scaling The Wall Between Church And State: An Analysis Of The Constitutionality Of School Vouchers, Allison M. Olczak

Kentucky Law Journal

No abstract provided.


Bank Of America V. 203 North Lasalle Street Partnership: Cram Down Without Debtor Exclusivity--Good Or Bad For The Creditor?, Ann E. Nolan Jan 2000

Bank Of America V. 203 North Lasalle Street Partnership: Cram Down Without Debtor Exclusivity--Good Or Bad For The Creditor?, Ann E. Nolan

Kentucky Law Journal

No abstract provided.


Angry White Males: The Equal Protection Clause And "Classes Of One", Timothy Zick Jan 2000

Angry White Males: The Equal Protection Clause And "Classes Of One", Timothy Zick

Kentucky Law Journal

No abstract provided.


The Overwhelming Case For Elimination Of The Integration Doctrine Under The Securities Act Of 1933, Rutheford B. Campbell Jr. Jan 2000

The Overwhelming Case For Elimination Of The Integration Doctrine Under The Securities Act Of 1933, Rutheford B. Campbell Jr.

Kentucky Law Journal

No abstract provided.


Equal Protection, Rational Basis Review, And The Impact Of Cleburne Living Center, Inc., Richard B. Saphire Jan 2000

Equal Protection, Rational Basis Review, And The Impact Of Cleburne Living Center, Inc., Richard B. Saphire

Kentucky Law Journal

No abstract provided.


Modifying The Kentucky Rules Of Evidence--A Separation Of Powers Issue, Robert G. Lawson Jan 2000

Modifying The Kentucky Rules Of Evidence--A Separation Of Powers Issue, Robert G. Lawson

Kentucky Law Journal

No abstract provided.


Cyber-Nations, Ruth Wedgwood Jan 2000

Cyber-Nations, Ruth Wedgwood

Kentucky Law Journal

No abstract provided.


Law In A Shrinking World: The Interaction Of Science And Technology With International Law, Joseph W. Dellapenna Jan 2000

Law In A Shrinking World: The Interaction Of Science And Technology With International Law, Joseph W. Dellapenna

Kentucky Law Journal

No abstract provided.


Online Service Provider Copyright Liability: Is The Digital Millennium Copyright Act The Answer?, Justin Williamson Jan 2000

Online Service Provider Copyright Liability: Is The Digital Millennium Copyright Act The Answer?, Justin Williamson

Kentucky Law Journal

No abstract provided.


A Custody System Free Of Gender Preferences And Consistent With The Best Interests Of The Child: Suggestions For A More Protective And Equitable Custody System, Shannon Dean Sexton Jan 2000

A Custody System Free Of Gender Preferences And Consistent With The Best Interests Of The Child: Suggestions For A More Protective And Equitable Custody System, Shannon Dean Sexton

Kentucky Law Journal

No abstract provided.