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Full-Text Articles in Law

The Review, Fall 1986, University Of Kentucky College Of Law Oct 1986

The Review, Fall 1986, University Of Kentucky College Of Law

Annual Magazines

No abstract provided.


On The Exclusivity Of The Hague Evidence Convention, John M. Rogers Jul 1986

On The Exclusivity Of The Hague Evidence Convention, John M. Rogers

Law Faculty Scholarly Articles

As the world grows smaller and nations become more interdependent, the likelihood that litigation will involve foreign property, parties, or activities increases tremendously. To prepare and conduct such litigation, the lawyer may need to obtain information "located" in a foreign jurisdiction: a person located abroad may know the information; documents located abroad may contain the information; or the information may describe conditions or property located abroad. The question of when relatively burdensome, internationally-approved methods of obtaining such information must be used thus becomes more and more important.

Consider a product liability suit for damages in the United States arising from …


Silencing Gideon's Trumpet: The Plight Of The Indigent Prisoner, Allison I. Connelly Apr 1986

Silencing Gideon's Trumpet: The Plight Of The Indigent Prisoner, Allison I. Connelly

Law Faculty Popular Media

In this newsletter article, Professor Connelly discusses the difficulties faced by indigent prisoners in gaining access to the justice system.


The Review, Spring 1986, University Of Kentucky College Of Law Apr 1986

The Review, Spring 1986, University Of Kentucky College Of Law

Annual Magazines

No abstract provided.


Seminar On Securities Law, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, James A. Kegley, H. Alexander Campbell, Gary L. Stage, Ralston W. Steenrod, James C. Strode, Robert P. Ross, Gerald R. Martin, C. Christopher Trower, Willburt D. Ham, Ronda S. Paul, Rodger A. Marting, Oscar N. Persons, Francesca Marciniak, O. Wayne Davis, Rutheford B. Campbell Jr. Feb 1986

Seminar On Securities Law, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, James A. Kegley, H. Alexander Campbell, Gary L. Stage, Ralston W. Steenrod, James C. Strode, Robert P. Ross, Gerald R. Martin, C. Christopher Trower, Willburt D. Ham, Ronda S. Paul, Rodger A. Marting, Oscar N. Persons, Francesca Marciniak, O. Wayne Davis, Rutheford B. Campbell Jr.

Continuing Legal Education Materials

Materials from the UK/CLE Seminar on Securities Law held February 14-15, 1986.


Why Kentucky Should Adopt The Aba's Model Rules Of Professional Conduct, Eugene R. Gaetke Jan 1986

Why Kentucky Should Adopt The Aba's Model Rules Of Professional Conduct, Eugene R. Gaetke

Kentucky Law Journal

No abstract provided.


America Singing: The Role Of Custom And Usage In The Thoroughbred Horse Business, Robert S. Miller Jan 1986

America Singing: The Role Of Custom And Usage In The Thoroughbred Horse Business, Robert S. Miller

Kentucky Law Journal

No abstract provided.


Racing Syndicates As Securities, Rutheford B. Campbell Jr. Jan 1986

Racing Syndicates As Securities, Rutheford B. Campbell Jr.

Law Faculty Scholarly Articles

It is not difficult to understand why horses like Devil's Bag, Chief's Crown and Spend A Buck are syndicated during their racing careers. The owners of such horses find themselves with an asset worth millions of dollars, but the asset has the potential to decrease significantly in value if the racing fortunes of the horse change. That creates pressure for owners to disinvest, at least partially, and spread the risk of loss. Investors, on the other hand, are often just as anxious to invest. Not only is there the chance of earnings and appreciation if the horse continues to win, …


Why Kentucky Should Adopt The Aba's Model Rules Of Professional Conduct, Eugene R. Gaetke Jan 1986

Why Kentucky Should Adopt The Aba's Model Rules Of Professional Conduct, Eugene R. Gaetke

Law Faculty Scholarly Articles

In 1983, after six years of drafting and lively debate, the American Bar Association adopted the Model Rules of Professional Conduct as its most recent statement of the ethical norms of the legal profession. Shortly thereafter the ABA forwarded the rules to the states for consideration and possible adoption as binding ethical principles. As of this writing, a number of states have adopted the Model Rules, in full or in substantial form, and several more have proposals for such adoption pending before their supreme courts

The Kentucky Supreme Court presently awaits the state bar association's recommendation regarding the Model Rules' …


Apportionment In Kentucky After Comparative Negligence, John M. Rogers Jan 1986

Apportionment In Kentucky After Comparative Negligence, John M. Rogers

Law Faculty Scholarly Articles

Adoption of comparative negligence gives juries the task of allocating fault between a plaintiff and a defendant when both were negligent and both caused the plaintiff's injury. A logical corollary must be that juries are theoretically and practically able to make such an allocation. If so, it follows that juries are able to make such an allocation among multiple defendants, each of whom was found to be both negligent and a cause of the plaintiff's injury. The judicial adoption of comparative negligence in Kentucky therefore requires a reexamination of the rules applicable to multiple tortfeasors. Cases decided since the adoption …


Water Rights, The Public Trust Doctrine, And The Protection Of Instream Uses, Richard C. Ausness Jan 1986

Water Rights, The Public Trust Doctrine, And The Protection Of Instream Uses, Richard C. Ausness

Law Faculty Scholarly Articles

Our society uses water for a variety of productive purposes, including domestic, agricultural, mining, manufacturing, and energy development. Most of these uses require physical removal of water from watercourses or ground water aquifers. Water can also serve useful purposes, however, when it remains a lake or stream. Flowing water helps to maintain water quality and furthers other uses such as recreation, aesthetic values, and ecological interests—referred to as “instream uses.”

Large quantities of water must remain in place to safeguard instream uses. At the same time, the increasing demands of consumptive water users are significantly reducing streamflows and lake levels …


Surrogate Immunity: The Government Contract Defense And Products Liability, Richard C. Ausness Jan 1986

Surrogate Immunity: The Government Contract Defense And Products Liability, Richard C. Ausness

Law Faculty Scholarly Articles

The government contract defense is an affirmative defense that shields a manufacturer from liability if the product causing injury complied strictly with design specifications set forth in a government procurement contract. The defense was first used by public works contractors to bar claims against them for damage to land and other property. However, in recent years, product manufacturers have invoked the government contract defense to avoid liability to third parties for defectively designed products supplied to the government.

Despite widespread judicial acceptance of the government contract defense in products liability litigation, a number of issues are still being hotly debated. …


A Quarter Century, Not A Raised Voice, Robert G. Lawson, Paul A. Willis Jan 1986

A Quarter Century, Not A Raised Voice, Robert G. Lawson, Paul A. Willis

Law Faculty Scholarly Articles

This dedication was in recognition of Wilbert D. Ham’s retirement from the University of Kentucky College of Law faculty. Wilber D. Ham served on the faculty from 1949 until 1986.


A Plea For A Comprehensive Governmental Liability Statute, Roy Kimberly Snell Jan 1986

A Plea For A Comprehensive Governmental Liability Statute, Roy Kimberly Snell

Kentucky Law Journal

No abstract provided.


The Emotional Trauma Of Hijacking: Who Pays?, Karen Campbell Jan 1986

The Emotional Trauma Of Hijacking: Who Pays?, Karen Campbell

Kentucky Law Journal

No abstract provided.


The Pattern Requirement Of Civil Rico, Jamie Middleton Clark Jan 1986

The Pattern Requirement Of Civil Rico, Jamie Middleton Clark

Kentucky Law Journal

No abstract provided.


Police Misconduct: Municipal Liability Under Section 1983, Clinton J. Elliott Jan 1986

Police Misconduct: Municipal Liability Under Section 1983, Clinton J. Elliott

Kentucky Law Journal

No abstract provided.


Effective Child Support Enforcement In Kentucky: The Tax Refund Intercept Program, Lynn C. Jones Jan 1986

Effective Child Support Enforcement In Kentucky: The Tax Refund Intercept Program, Lynn C. Jones

Kentucky Law Journal

No abstract provided.


Racing Syndicates As Securities, Rutheford B. Campbell Jr. Jan 1986

Racing Syndicates As Securities, Rutheford B. Campbell Jr.

Kentucky Law Journal

No abstract provided.


The Prevention And Treatment Of Breeding Contract Controversies, John J. Kropp, J. Jeffrey Landen, Monica A. Donath Jan 1986

The Prevention And Treatment Of Breeding Contract Controversies, John J. Kropp, J. Jeffrey Landen, Monica A. Donath

Kentucky Law Journal

No abstract provided.


Exclusion Of Patrons And Horsemen From Racetracks: A Legal, Practical And Constitutional Dilemma, John J. Kropp, J. Jeffrey Landen, Monica A. Donath Jan 1986

Exclusion Of Patrons And Horsemen From Racetracks: A Legal, Practical And Constitutional Dilemma, John J. Kropp, J. Jeffrey Landen, Monica A. Donath

Kentucky Law Journal

No abstract provided.


Implied And Conditional Consent In The Sale Of Horse Shares Or Seasons, Sara Grinnell Smith Jan 1986

Implied And Conditional Consent In The Sale Of Horse Shares Or Seasons, Sara Grinnell Smith

Kentucky Law Journal

No abstract provided.


Horse Syndicates As Securities Under Blue Sky Laws, John Coleman Ayers Jan 1986

Horse Syndicates As Securities Under Blue Sky Laws, John Coleman Ayers

Kentucky Law Journal

No abstract provided.


Chernick V. Fasig-Tipton: A Caveat To The Horse Trader, Paul L. Reynolds Jan 1986

Chernick V. Fasig-Tipton: A Caveat To The Horse Trader, Paul L. Reynolds

Kentucky Law Journal

No abstract provided.


Legal Malpractice Cases: Special Problems In Identifying Issues Of Law And Fact And In The Use Of Expert Testimony, Charles M. Leibson Jan 1986

Legal Malpractice Cases: Special Problems In Identifying Issues Of Law And Fact And In The Use Of Expert Testimony, Charles M. Leibson

Kentucky Law Journal

No abstract provided.


Justice Sanford And Modern Free Speech Analysis: Back To The Future?, Philip J. Prygoski Jan 1986

Justice Sanford And Modern Free Speech Analysis: Back To The Future?, Philip J. Prygoski

Kentucky Law Journal

No abstract provided.


Apportionment In Kentucky After Comparative Negligence, John M. Rogers Jan 1986

Apportionment In Kentucky After Comparative Negligence, John M. Rogers

Kentucky Law Journal

No abstract provided.


Jurisdictional Uncertainties Under The 1984 Bankruptcy Amendments, Laura Day Dickinson Carruthers Jan 1986

Jurisdictional Uncertainties Under The 1984 Bankruptcy Amendments, Laura Day Dickinson Carruthers

Kentucky Law Journal

No abstract provided.


Post-Discharge Failure To Warn: A New Theory Allowing Access To Ftca Recovery, Denise A. Garrison Jan 1986

Post-Discharge Failure To Warn: A New Theory Allowing Access To Ftca Recovery, Denise A. Garrison

Kentucky Law Journal

No abstract provided.


Defining The Relevant Market In Health Care Antitrust Litigation: Hospital Mergers, Keith B. Hunter Jan 1986

Defining The Relevant Market In Health Care Antitrust Litigation: Hospital Mergers, Keith B. Hunter

Kentucky Law Journal

No abstract provided.