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Articles 1 - 19 of 19
Full-Text Articles in Law
Certificate Of Need In The Post-Affordable Care Act Era, Emily Whelan Parento
Certificate Of Need In The Post-Affordable Care Act Era, Emily Whelan Parento
Kentucky Law Journal
Certifcate of need ("CON") programs were conceived approximately fifty years ago as supply constraint mechanisms for healthcare services, in an environment that is essentially unrecognizable today. Every aspect of the healthcare landscape has changed dramatically, particularly in the years since the enactment of the Affordable Care Act. The historical rationales in support of CON programs have been vigorously questioned by scholars across disciplines, roundly criticized by the federal government, and largely disproven by research. Yet the status quo persists with thirty-five states retaining CON laws, due in large part to a combination of entrenched interests and polrical inertia that prevents …
Multiple Claims, Limited Funds, And Conflicting Duties: Kentucky's Need For Clarity In Liability Insurance And Claims Of Bad Faith, James Grant Sharp
Multiple Claims, Limited Funds, And Conflicting Duties: Kentucky's Need For Clarity In Liability Insurance And Claims Of Bad Faith, James Grant Sharp
Kentucky Law Journal
No abstract provided.
Ferc's Small Hydropower Exemption: A Missed Opportunity, Alex B. Clay
Ferc's Small Hydropower Exemption: A Missed Opportunity, Alex B. Clay
Kentucky Law Journal
No abstract provided.
A Call To Criminal Courts: Record Rules For Batson, Catherine M. Grasso, Barbara O'Brien
A Call To Criminal Courts: Record Rules For Batson, Catherine M. Grasso, Barbara O'Brien
Kentucky Law Journal
No abstract provided.
Implementing Medicaid Health Homes To Provide Medication Assisted Treatment To Opioid Dependent Medicaid Beneficiaries, Page M. Smith
Implementing Medicaid Health Homes To Provide Medication Assisted Treatment To Opioid Dependent Medicaid Beneficiaries, Page M. Smith
Kentucky Law Journal
No abstract provided.
Government As Investor: The Case Of Immediate Expensing, Rebecca N. Morrow
Government As Investor: The Case Of Immediate Expensing, Rebecca N. Morrow
Kentucky Law Journal
For more than sixty years, tax scholars have recognized conditions under which the government ceases to be a mere taxing entity—imposing a rate of tax on a business’s profits—and through the operation of tax law becomes more like an investment partner—contributing its fair share of capital to new investments and proportionately sharing in losses as well as gains. These conditions, which are satisfied by immediate expensing policies, are now common.
The investment partner analogy has been analyzed from the perspective of a taxpayer who, as a result of partnership-like treatment, enjoys returns on investment that are effectively tax-exempt. However, far …
Bringing In The Sheaves: Combating Televangelists' Abuse Of The Internal Revenue Code, Cody S. Barnett
Bringing In The Sheaves: Combating Televangelists' Abuse Of The Internal Revenue Code, Cody S. Barnett
Kentucky Law Journal
No abstract provided.
Taking A Step Back. Racial Injustice In America, Mark Peffley, Jeffrey Mondak
Taking A Step Back. Racial Injustice In America, Mark Peffley, Jeffrey Mondak
Kentucky Law Journal
No abstract provided.
Improving Protections For Whistleblowers: Why Congressional And Agency Intent Helped Provide The Second Circuit With The Correct Answer Of Encouraging Reporting Of Securities Violations, Alison M. Zeitlin
Kentucky Law Journal
No abstract provided.
Predictors Of Municipal Bankruptcies And State Intervention Programs: An Exploratory Study, Laura N. Coordes, Thom Reilly
Predictors Of Municipal Bankruptcies And State Intervention Programs: An Exploratory Study, Laura N. Coordes, Thom Reilly
Kentucky Law Journal
Why do some struggling cities file for bankruptcy while others, facing simiar circumstances, do not? This Article builds on the literature examining the causes and consequences ofmunicipal fiscal distress by exploring specific factors that lead municipalities to seek help from the state and federal government. Viewing municipal opportunities and constraints through political, economic, and legal lenses, this Article helps to explain the nuances ofmunicival decision making.
After identifiing eight factors that may serve as predctors of municipal insolvency, the authors studied cities in Fiscal distress with an eye toward uncovering the circumstances that led each of these cities into and—if …
An Undetectable Constitutional Violation, Jill Wieber Lens
An Undetectable Constitutional Violation, Jill Wieber Lens
Kentucky Law Journal
In Philip Morris USA v. Williams, the Supreme Court mandated that lower courts implement procedural protections to ensure that the jury, when awarding punitive damages, properly considers evidence of the defendant's harming nonparties. The jury can consider that evidence when determining the level of the defendant's reprehensibility, but punishment for causing that nonparty harm would violate the defendant's constitutional rights. Ten years later, this Article is the first to examine lower courts' attempts to comply with Philip Morris. The Article first seeks to clarify how evidence of nonparty harm can demonstrate reprehensibility, a clarification necessary before courts can even begin …
Higher Ed "Do Not Resuscitate" Orders, Matthew Adam Bruckner
Higher Ed "Do Not Resuscitate" Orders, Matthew Adam Bruckner
Kentucky Law Journal
Congress has effectively precluded all institutions of higher education from reorganizing in the bankruptcy courts because it was concerned about exploitative profiteers opening fly-by-night colleges, defrauding students, and then finding refuge in bankruptcy. This choice harms students, employees, creditors, and communities. As such, this Article advocates that Congress should reverse its decision and allow IHEs to reorganize in bankruptcy without losing access to federal student loan and grant programs. To support this argument, this Article contrasts the bankruptcy treatment of healthcare enterprises to that of higher education enterprises. In doing so, this Article builds on my own prior work and …
Actus Reus, Mens Rea, And Brain Science: What Do Volition And Intent Really Mean?, Erica Beecher-Monas, Edgar Garcia-Rill
Actus Reus, Mens Rea, And Brain Science: What Do Volition And Intent Really Mean?, Erica Beecher-Monas, Edgar Garcia-Rill
Kentucky Law Journal
The foundational elements of criminal law, actus reus and mens rea, are vague, imprecise, and indeterminate categories that are based on outdated notions about human behavior. These confused categories affect not only what legally constitutes choice, volition, and intent, but also the defendant's ability to present evidence (since the categories define the evidence that will be admissible), and ultimately, criminal liability. In this Article we explain how neuroscience allows us to reconsider these legal concepts and conceive a more informed view of human behavior (and therefore criminal liabilty). The Article explains how distortions in brain function affect the way …
Legalzoom And Online Legal Service Providers: Is The Development And Sale Of Interactive Questionnaires That Generate Legal Documents The Unauthorized Practice Of Law?, Emily Mcclure
Kentucky Law Journal
No abstract provided.
What The Polls Produce: Why Kentucky Should Retain Nonpartisan Elective Selection Of Its Supreme Court Justices, Nolan M. Jackson
What The Polls Produce: Why Kentucky Should Retain Nonpartisan Elective Selection Of Its Supreme Court Justices, Nolan M. Jackson
Kentucky Law Journal
No abstract provided.
The Smug Assumption Of Reverse Discrimination: Abigail Fisher And Fisher V. University Of Texas At Austin, R. Nicholas Rabold
The Smug Assumption Of Reverse Discrimination: Abigail Fisher And Fisher V. University Of Texas At Austin, R. Nicholas Rabold
Kentucky Law Journal
Many expected Fisher v. University of Texas at Austin (Fisher I), 133 S. Ct. 2411 (2013)—an appeal from the Court ofAppeals for the Fifth Circuit upholding the University of Texas at Austin's race-conscious admissions program—to sound the death knell for race-based affirmative action in higher education. Instead, in remanding the case back to -the Fifth Circuit, the Supreme Court of the United States upheld the consideration of race in college admission programs, so long as such use could satisfy strict scrutiny. Nonetheless, Fisher I concerned academics and practitioners with its potentially limiting language, leaving the future of race-based …
Removing Recalcitrant County Clerks In Kentucky, Shawn D. Chapman
Removing Recalcitrant County Clerks In Kentucky, Shawn D. Chapman
Kentucky Law Journal
Events in 2015 surrounding Rowan County Clerk Kim Davis showed how removing county clerks from office is not a simple task in Kentucky. At present, removal can be accomplished only by the same dfficult means required to remove a state-wide executive offlcer, meaning the county clerk has the same tenure as the governor and attorney general. Historically, however, the county clerk was removable by other, lesser means, as were all other county officers. Today, the other county offcers are still removable by those lesser means, but the county clerk is not, resulting in a removal gap. That gap first appeared …
Expanding Reach: The Importance Of Batson V. Kentucky Thirty Years On, Melynda J. Price J.D., Ph.D.
Expanding Reach: The Importance Of Batson V. Kentucky Thirty Years On, Melynda J. Price J.D., Ph.D.
Kentucky Law Journal
No abstract provided.
The Cost Of Hope At The End Of Life: An Analysis Of State Right-To-Try Statutes, Tamara J. Patterson
The Cost Of Hope At The End Of Life: An Analysis Of State Right-To-Try Statutes, Tamara J. Patterson
Kentucky Law Journal
No abstract provided.