Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Journal

Kentucky

Discipline
Institution
Publication Year
Publication

Articles 1 - 30 of 476

Full-Text Articles in Law

Deserts Still Need Water: Using Adr Processes To Support Rural Residents And Counter The Challenges Stemming From The Shortage Of Lawyers In The “Great American Legal Desert”, Whitney Heuermann Jun 2024

Deserts Still Need Water: Using Adr Processes To Support Rural Residents And Counter The Challenges Stemming From The Shortage Of Lawyers In The “Great American Legal Desert”, Whitney Heuermann

Pepperdine Dispute Resolution Law Journal

Researchers dub rural America the “Great American Legal Desert,” deriving its nickname from the fact that roughly 20% of the nation's population lives in rural America while only 2% of small law practices are located in rural areas. This comment proposes that an increase in alternative dispute resolution (ADR) programming and usage serves as a viable avenue to alleviate the lawyer shortage’s harmful effects in rural America. This note begins by generally identifying ADR’s pros, such as cost, privacy, and community preservation, and then correlating these advantages to various aspects of rural America. ADR programming in Kentucky, Idaho, and Kansas …


Deportations For Drug Convictions In The United States And The European Union: Creating A More Compassionate Approach Toward Drug Convictions In The Immigration Law, Megan Smith Dec 2022

Deportations For Drug Convictions In The United States And The European Union: Creating A More Compassionate Approach Toward Drug Convictions In The Immigration Law, Megan Smith

San Diego International Law Journal

This Comment begins by examining and comparing the legal framework for deportation and other immigration consequences for convictions of drug offenses in the United States, the European Union, and the United Kingdom. This Comment then looks at the harsh effects of current immigration policy on individuals and marginalized communities. Finally, this Comment argues that immigration law should be reformed to adopt a more humanitarian approach toward non-citizens convicted of drug offenses. Deportation and other harsh immigration consequences for drug offenses levy disproportionately severe punishments toward vulnerable minority immigrant communities, exposing them to consequences much harsher than non-immigrants would face for …


K-Pop’S Secret Weapon: South Korea’S Criminal Defamation Laws, Rebecca Xu Dec 2022

K-Pop’S Secret Weapon: South Korea’S Criminal Defamation Laws, Rebecca Xu

San Diego International Law Journal

South Korea’s criminal defamation laws have long been considered an intrusion on the free speech rights of citizens, especially in regard to the usage by politicians against their opponents and journalists to suppress criticisms. This Comment considers the history and effects of these controversial defamation laws through the lens of recent scandals within the Korean entertainment industry, where regular citizens accusing Korean celebrities of past school violence are confronted with threats of defamation charges. To highlight the controversial nature of such laws, comparisons will be drawn between South Korea and other countries to highlight the restrictive nature of Korea’s laws.


Unchartered Territory For The "Bluegrass State": Lessons To Be Learned From Over A Quarter-Century Of State Charter School Legislation, Kevin P. Brady, Wayne D. Lewis Jr. Jan 2020

Unchartered Territory For The "Bluegrass State": Lessons To Be Learned From Over A Quarter-Century Of State Charter School Legislation, Kevin P. Brady, Wayne D. Lewis Jr.

Arkansas Law Review

Charter school success or failure is not simply a matter of chance. Both the existence and aggregate quality of charter schools in a state depend on the provisions of state charter school laws. These laws address a wide range of issues and vary from state to state. But the experiences of states with significant charter sectors, as well as those with innovative charter policies, provide important lessons for the charter school movement as a whole.


Kentucky And Sports Law, Adam Epstein Jan 2019

Kentucky And Sports Law, Adam Epstein

Marquette Sports Law Review

None


Who Decides Justice: The Case For Legally Trained Magistrate Judges In West Virginia, Jason Neal Dec 2018

Who Decides Justice: The Case For Legally Trained Magistrate Judges In West Virginia, Jason Neal

West Virginia Law Review

No abstract provided.


Take This Job And Shove It: The Pragmatic Philosophy Of Johnny Paycheck And A Prayer For Strict Liability In Appalachia, Eugene "Trey" Moore Iii May 2018

Take This Job And Shove It: The Pragmatic Philosophy Of Johnny Paycheck And A Prayer For Strict Liability In Appalachia, Eugene "Trey" Moore Iii

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming


How Devolved Is Too Devolved?: A Comparative Analysis Examining The Allocation Of Power Between State And Local Government Through The Lens Of The Confederate Monument Controversy, W. Davis Riddle Jan 2018

How Devolved Is Too Devolved?: A Comparative Analysis Examining The Allocation Of Power Between State And Local Government Through The Lens Of The Confederate Monument Controversy, W. Davis Riddle

Georgia Law Review

At various critical junctures in our nation’s history, lawmakers have struggled to strike the proper balance between centralization and delegation of authority. Recently, the debate over whether to remove Confederate monuments has again brought to the fore this centuries-old struggle. Beginning in 2000, state legislatures throughout the South enacted statutes primarily designed to protect Civil War monuments, which in the South predominantly pay tribute to the Confederate cause. Recent attempts by Southern localities to remove Confederate monuments have revealed the inadequacy of these recently-enacted statutes. Virtually every state legislature that has successfully passed a statute on the topic has produced …


A Step Toward Robust Criminal Discovery Reform In Virginia: The Disclosure Of Witness Statements Before Trial, Jennifer Horan Nov 2017

A Step Toward Robust Criminal Discovery Reform In Virginia: The Disclosure Of Witness Statements Before Trial, Jennifer Horan

University of Richmond Law Review

No abstract provided.


Shield Law - The Qualified Privilege Of Newscasters & Journalists In Non-Confidential News - Court Of Appeals Of New York - People V. Combest, 828 N.E.2d 583 (N.Y. 2005), Albert V. Messina Jr. Nov 2014

Shield Law - The Qualified Privilege Of Newscasters & Journalists In Non-Confidential News - Court Of Appeals Of New York - People V. Combest, 828 N.E.2d 583 (N.Y. 2005), Albert V. Messina Jr.

Touro Law Review

No abstract provided.


Parole Revocation Procedures In Kentucky, Harry J. Rothgerber Jr., J. W. Deese Apr 2013

Parole Revocation Procedures In Kentucky, Harry J. Rothgerber Jr., J. W. Deese

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The Deliberative Process Privilege In Kentucky, Erin Hoffman Apr 2013

The Deliberative Process Privilege In Kentucky, Erin Hoffman

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Perceptions Of A Bible Belt State's Proposed Casino Gaming Legislation By Religious Affiliation: The Case Of Kentucky Residents, Desmond O. Brown, Mary G. Roseman, Sunny Ham Dec 2012

Perceptions Of A Bible Belt State's Proposed Casino Gaming Legislation By Religious Affiliation: The Case Of Kentucky Residents, Desmond O. Brown, Mary G. Roseman, Sunny Ham

UNLV Gaming Research & Review Journal

This study seeks to explore whether differences exist among Kentucky residents' perception of casino gaming based on religious affiliation. A survey was conducted to sample 600 residents regarding currently a widely debated introduction of land-based casinos in the state, yielding a response rate of 38.4%. The results support earlier studies regarding the impact religion has on people's attitudes toward gaming. The findings suggest that Catholics have a more positive attitude toward the legalization of gambling than persons of Protestant faiths.


Kentucky Parimutuel Revenue Policy Simulator, J. Shannon Neibergs Dec 2012

Kentucky Parimutuel Revenue Policy Simulator, J. Shannon Neibergs

UNLV Gaming Research & Review Journal

Since Kentucky introduced inter-track wagering in 1988, and inter-state wagering in 1994, there has been an ongoing substitution of declining live handle with increasing simulcasting handle. Also, since 1995 there has been a marked increase in competition from alternative gaming. At issue is the net effect on parimutuel stakeholder revenue relative to changes in the distribution of parimutuel handle and increased competition. This paper presents a parimutuel revenue budget that can be used to evaluate the marginal revenue of changes in policies, or of actions taken in response to increased competition from alternative gaming.


Common Sense And The Commerce Clause: Why Elimination Of The Physical Presence Test For Taxation Defies Both, Lucas Humble Jan 2012

Common Sense And The Commerce Clause: Why Elimination Of The Physical Presence Test For Taxation Defies Both, Lucas Humble

Kentucky Law Journal

No abstract provided.


I Want My (Immigration) Lawyer! The Necessity Of Court-Appointed Immigration Counsel In Criminal Prosecutions After Padilla V. Kentucky, Scott R. Grubman Jan 2012

I Want My (Immigration) Lawyer! The Necessity Of Court-Appointed Immigration Counsel In Criminal Prosecutions After Padilla V. Kentucky, Scott R. Grubman

Nevada Law Journal

No abstract provided.


The Lexington-Fayette Urban County Board Of Adjustment: Fifty Years Later, Kathryn L. Moore Jan 2012

The Lexington-Fayette Urban County Board Of Adjustment: Fifty Years Later, Kathryn L. Moore

Kentucky Law Journal

No abstract provided.


Restoring Luster To The Palladium Of Freedom, Wm. T. Robinson Iii Jan 2012

Restoring Luster To The Palladium Of Freedom, Wm. T. Robinson Iii

Kentucky Law Journal

No abstract provided.


Supreme Court Criminal Law Jurisprudence: Fair Trials, Cruel Punishment, And Ethical Lawyering - October 2009 Term, Richard Klein Oct 2011

Supreme Court Criminal Law Jurisprudence: Fair Trials, Cruel Punishment, And Ethical Lawyering - October 2009 Term, Richard Klein

Touro Law Review

No abstract provided.


Can A State Seize An Internet Gambling Website's Domain Name? An Analysis Of The Kentucky Case, Kirk D. Homeyer Apr 2011

Can A State Seize An Internet Gambling Website's Domain Name? An Analysis Of The Kentucky Case, Kirk D. Homeyer

UNLV Gaming Law Journal

The newly developed Internet gambling forum has produced myriad legal issues affecting state, federal, and international law. The difficulty in addressing the issues arises from the ubiquity of the Internet. Based on an analysis of the Kentucky Case, this Note argues that a state cannot seize an Internet gambling website’s domain name for violating that state’s laws. First, Kentucky did not have personal jurisdiction over the gambling domain names’ registrars to have authority to seize them. Second, Kentucky’s gambling statute violates the Commerce Clause. Part II provides background to and the facts underlying the Kentucky Case and its procedural …


Non-Prisoner Pro Se Litigation In The United States District Court For The Eastern District Of Kentucky: Analyzing 2004 And 2007 Cases From Filing To Termination, Timothy D. Thompson Jan 2011

Non-Prisoner Pro Se Litigation In The United States District Court For The Eastern District Of Kentucky: Analyzing 2004 And 2007 Cases From Filing To Termination, Timothy D. Thompson

Kentucky Law Journal

No abstract provided.


Limiting The Federal Pardon Power, Kristen H. Fowler Oct 2008

Limiting The Federal Pardon Power, Kristen H. Fowler

Indiana Law Journal

No abstract provided.


Pfo Law Reform, A Crucial First Step Toward Sentencing Sanity In Kentucky, Robert G. Lawson Jan 2008

Pfo Law Reform, A Crucial First Step Toward Sentencing Sanity In Kentucky, Robert G. Lawson

Kentucky Law Journal

No abstract provided.


"Face To Face" With The Right Of Confrontation: A Critique Of The Supreme Court Of Kentucky's Approach To The Confrontation Clause Of The Kentucky Constitution, Sarah M. Dunn Jan 2007

"Face To Face" With The Right Of Confrontation: A Critique Of The Supreme Court Of Kentucky's Approach To The Confrontation Clause Of The Kentucky Constitution, Sarah M. Dunn

Kentucky Law Journal

No abstract provided.


Look Homeward Candidate: Evaluating And Reforming Kentucky's Residency Definition And Bona Fides Challenges In Order To Avoid A Potential Crisis In Gubernatorial Elections, S. Chad Meredith Jan 2006

Look Homeward Candidate: Evaluating And Reforming Kentucky's Residency Definition And Bona Fides Challenges In Order To Avoid A Potential Crisis In Gubernatorial Elections, S. Chad Meredith

Kentucky Law Journal

No abstract provided.


The Legislative Privilege To Judge The Qualifications, Elections, And Returns Of Members, Paul E. Salamanca, James E. Keller Jan 2006

The Legislative Privilege To Judge The Qualifications, Elections, And Returns Of Members, Paul E. Salamanca, James E. Keller

Kentucky Law Journal

No abstract provided.


Rolling The Dice On Precedent And Wagering On Legislation: The Law Of Gambling Debt Enforceability In Kentucky After Kentucky Off-Track Betting, Inc. V. Mcburney And Krs § 372.005, Jeffrey R. Soukup Jan 2006

Rolling The Dice On Precedent And Wagering On Legislation: The Law Of Gambling Debt Enforceability In Kentucky After Kentucky Off-Track Betting, Inc. V. Mcburney And Krs § 372.005, Jeffrey R. Soukup

Kentucky Law Journal

No abstract provided.


Pharmaceutical Overpromotion Liability: The Legal Battle Over Rural Prescription Drug Abuse, Phillip J. Wininger Jan 2004

Pharmaceutical Overpromotion Liability: The Legal Battle Over Rural Prescription Drug Abuse, Phillip J. Wininger

Kentucky Law Journal

No abstract provided.


The Constitutionality Of An Executive Spending Plan, Paul E. Salamanca Jan 2003

The Constitutionality Of An Executive Spending Plan, Paul E. Salamanca

Kentucky Law Journal

No abstract provided.


Child Custody For Disabled Adults: What Kentucky Families Need, Amy P. Hauser Jan 2003

Child Custody For Disabled Adults: What Kentucky Families Need, Amy P. Hauser

Kentucky Law Journal

No abstract provided.