Digital Commons Network^™

Species Vs. Genus In The Romantic Novel: Warren's World Enough And Time, Robert Siegle

The Kentucky Review

No abstract provided.

Pleading And Practice In Commercial Paper Cases: Burdens Of Proof, Harold R. Weinberg

Law Faculty Scholarly Articles

Money debts are frequently paid by checks and evidenced by notes subject to Article Three of the Uniform Commercial Code. Financial institutions and other creditors ordinarily take these instruments with the expectation that they will be paid on time without resort to litigation. This expectation fails when the debtor or some other obligor on the instrument claims that its signature was unauthorized or that there is a defense against payment. This Article analyzes the Uniform Commercial Code rules concerning burdens of proof that apply to these disputes and gives consideration to related procedural and evidentiary questions. It concludes with some …

Rutting, A Case Study (Us 23, 1.5 Miles North Of Louisa), James H. Havens, Gary W. Sharpe, David L. Allen, Herbert F. Southgate

Kentucky Transportation Center Research Report

This case study of rutting in an asphaltic concrete pavement makes recourse to trenching full width and full depth to expose and observe the entire cross section of the structure. Rutting occurred in the vicinity of Station 59+00 on US 23, 1.5 miles north of Louisa, during August and September 1983 when traffic was diverted onto newly constructed northbound lanes (without final surface and shouldering) while excavation into the hillside was completed for the southbound lanes. Earth movers crossed the northbound lanes going to and from a waste area. Coal trucks (Figures 1 and 2) slowed, stopped, and crept where …

Kentucky Law Survey: Criminal Procedure, William H. Fortune, Sarah N. Welling

Law Faculty Scholarly Articles

Significant criminal procedure decisions of the Kentucky appellate courts for the period July 1, 1982 to July 1, 1983, have been selected for discussion in this Survey. Included in this survey is an extensive discussion of selected cases in the areas of warrants, competency of counsel, pretrial discovery of witness statements, venue, belated attacks on criminal convictions, and the right to talk to an attorney before taking a breathalyzer test.

Discovery In Kentucky: An Overview, Richard H. Underwood

Law Faculty Scholarly Articles

Discovery receives short shrift in the law school curriculum. Although students are introduced to the subject in a first year course on Civil Procedure, the "bathtub effect" usually takes its toll by graduation day. That is, after the first year, the plug is pulled and the student's knowledge drains away. Moreover, it is difficult to teach discovery in third year programs on trial advocacy. Too much emphasis on discovery and pretrial would leave too little time for instruction on the mechanics of the actual trial. Even the experienced practitioner may not remember all the intricacies of discovery and may find …

Privacy And The Sex Bfoq: An Immodest Proposal, Carolyn S. Bratt

Law Faculty Scholarly Articles

Since the adoption of Title VII of the Civil Rights Act of 1964, courts have been called upon to determine whether an employer can avoid liability for refusing to hire employees of one sex by invoking the privacy rights of its customers. Two recent court decisions are illustrative of the question and its resolution. In Backus v. Baptist Medical Center, the defendant employer's policy of excluding male nurses from the labor and delivery section of its obstetrics and gynecology department was challenged. The defendant established that most of the duties of a labor and delivery nurse involve exposure to …

Incest Statutes And The Fundamental Right Of Marriage: Is Oedipus Free To Marry?, Carolyn S. Bratt

Law Faculty Scholarly Articles

The U.S. Supreme Court has found that the right to marry is a constitutionally protected right. That right is restricted, however, by state incest statutes which impede marriage between adults by making some choices of a marriage partner illegal. The constitutional validity of modern state incest statutes is difficult to analyze because of shifting definitions, reflexive fears, ambivalent attitudes, and underlying facile generalizations.

The mere word "incest" triggers strong feelings of revulsion in most people. Therefore, any a priori labeling of a marriage as incestuous tends to preclude objective thought about the permissibility of the particular form of the marriage …

Handling Re-Presented Checks--Risky Business For Collecting And Payor Banks, David J. Leibson

Kentucky Law Journal

No abstract provided.

Pleading And Practice In Commercial Paper Cases: Burdens Of Proof, Harold R. Weinberg

Kentucky Law Journal

No abstract provided.

Liability And Responsibility Of Bank Directors: Being Alert To Troubled Times, Lawrence K. Banks, Paula S. Hoskins

Kentucky Law Journal

No abstract provided.

The Change In Bank Control Act Of 1978: Does It Give Rise To A Private Cause Of Action?, Kenneth L. Betts

Kentucky Law Journal

No abstract provided.

Zen And The Art Of Exemplary Damages Assessment, Theodore Emens Cowen

Kentucky Law Journal

No abstract provided.

Accounting For Inflation And Other Productivity Factors When Calculating Lost Future Earning Capacity, Alexander M. Waldrop

Kentucky Law Journal

No abstract provided.

Licensees And Economic Interest In Minerals After Swank And Revenue Ruling 83-160, Martin J. Mcmahon Jr.

Kentucky Law Journal

No abstract provided.

Using Formulas To Separate Marital And Nonmarital Property: A Policy Oriented Approach To The Division Of Appreciated Property Upon Divorce, Louise Everett Graham

Kentucky Law Journal

No abstract provided.

On Unpublished Opinions, Edwin R. Render

Kentucky Law Journal

No abstract provided.

The Separation Of Governmental Powers Under The Constitution Of Kentucky: A Legal And Historical Analysis Of L.R.C. V. Brown, Sheryl G. Snyder, Robert M. Ireland

Kentucky Law Journal

No abstract provided.

Errata For Volume 71, Issue 4, Kentucky Law Journal

Kentucky Law Journal

Access Volume 71, Issue 4 here.

Antenuptial Contracts And Divorce In Kentucky: A Better Approach, J. Clarke Keller

Kentucky Law Journal

No abstract provided.

Kentucky Law Survey: Commercial Law, Richard H. Nowka

Kentucky Law Journal

No abstract provided.

Kentucky Law Survey: Criminal Procedure, William H. Fortune

Kentucky Law Journal

No abstract provided.

Kentucky Law Survey: Insurance, Richard H. C. Clay

Kentucky Law Journal

No abstract provided.

Kentucky Law Survey: Property, Carolyn S. Bratt

Kentucky Law Journal

No abstract provided.

Kentucky Law Survey: Corporations, Willburt D. Ham

Kentucky Law Journal

No abstract provided.

Kentucky Law Survey: Evidence, Newton B. Fowler Iii

Kentucky Law Journal

No abstract provided.

Kentucky Law Survey: Domestic Relations, Louise Everett Graham

Kentucky Law Journal

No abstract provided.

Kentucky Law Survey: Torts, Katherine A. Adams

Kentucky Law Journal

No abstract provided.

Modernizing Kentucky's Uniform Commercial Code, Harold R. Weinberg, Louise Everett Graham, Thomas J. Stipanowich

Kentucky Law Journal

No abstract provided.

Southeastern Law Librarian Autumn 1983, Seaall

Newsletters

No abstract provided.

The Peal Collection As A Literary Archive, James D. Birchfield

The Kentucky Review

No abstract provided.