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Antitrust Implications Of Agricultural Cooperatives, Stephen D. Hawke

Kentucky Law Journal

No abstract provided.

The Civil Rights Pornography Ordinances--An Examination Under The First Amendment, Valerie J. Hamm

Kentucky Law Journal

No abstract provided.

Is An Ira Exempt Property Under The Kentucky Exemption Statute Krs Section 427.150(1)(B)?, Kevin Charles Dicken

Kentucky Law Journal

No abstract provided.

Design For Challenge: The Kentucky Statute Of Repose For Improvements To Real Property, Jayne Moore

Kentucky Law Journal

No abstract provided.

Indices To Volume 73, Kentucky Law Journal

Kentucky Law Journal

No abstract provided.

Table Of Contents For Volume 74, Issue 1, Kentucky Law Journal

Kentucky Law Journal

No abstract provided.

The Plight Of Small Issuers (And Others) Under Regulation D: Those Nagging Problems That Need Attention, Rutheford B. Campbell Jr.

Kentucky Law Journal

No abstract provided.

Taking And Pursuing A Case: Some Observations Regarding "Legal Ethics" And Attorney Accountability, Richard H. Underwood

Kentucky Law Journal

No abstract provided.

Retribution And Deterrence: The Role Of Punitive Damages In Products Liability Litigation, Richard C. Ausness

Kentucky Law Journal

No abstract provided.

Enforcement Of The Fair Housing Act: What Role Should The Federal Government Play?, Alex Waldrop

Kentucky Law Journal

No abstract provided.

The Right To Independent Testing: Boon For Defendant--Burden For Prosecution?, Judith K. Jones

Kentucky Law Journal

No abstract provided.

Public Access Channels In Cable Television: The Economic Scarcity Rationale Of Berkshire V. Burke, Laurel L.F. Garrett

Kentucky Law Journal

No abstract provided.

Table Of Contents For Volume 74, Issue 2, Kentucky Law Journal

Kentucky Law Journal

No abstract provided.

Dedication To Willburt D. Ham: A Quarter Century, Not A Raised Voice, Robert G. Lawson

Kentucky Law Journal

No abstract provided.

Tribute To Willburt D. Ham, Paul A. Willis

Kentucky Law Journal

No abstract provided.

Kentucky Law Survey: Arbitration, Thomas J. Stipanowich

Kentucky Law Journal

No abstract provided.

Kentucky Law Survey: Civil Procedure, John R. Leathers, Matthew L. Mooney

Kentucky Law Journal

No abstract provided.

Kentucky Law Survey: Criminal Law, Linda K. West

Kentucky Law Journal

No abstract provided.

Kentucky Law Survey: Workers' Compensation, Norman E. Harned, Scott A. Bachert

Kentucky Law Journal

No abstract provided.

The Draft Restatement: A Critique From A Securities Regulation Perspective, Douglas C. Michael, Daniel L. Goelzer, Jacob H. Stillman, Elisse B. Walter, Anne H. Sullivan

Law Faculty Scholarly Articles

For the past several years, the American Law Institute has been preparing a proposed revision of the Restatement (Second) of the Foreign Relations Law of the United States (“Draft Restatement”). This article is a critique from a securities regulation perspective of the Draft Restatement's sections 402, 403, 416, 418, 419, 420 and 431.1 In short, the Draft Restatement departs substantially from existing law. It would add dangerous vagueness and uncertainty to the jurisdictional analysis used to determine whether the United States securities laws will be applied to transnational securities activities. In particular, the complicated balancing inquiry required under the Draft …

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

Law Faculty Scholarly Articles

In 1958 Kentucky became the third state to enact the Uniform Commercial Code promulgated by the American Law Institute and the National Conference of Commissioners on Uniform State Laws. The General Assembly stated that this legislation was intended to modernize, clarify and simplify the law of commercial transactions. Enactment of the Code also evidenced the legislature's intent to make Kentucky commercial law uniform with that of the other states. Subsequent General Assemblies further implemented these policies by enacting substantially all of the uniform amendments to the Code proposed by the ALI and NCCUSL through 1964.

Unfortunately, these enactments represent our …

The Plight Of Small Issuers (And Others) Under Regulation D: Those Nagging Problems That Need Attention, Rutheford B. Campbell Jr.

Law Faculty Scholarly Articles

Regulation D traces its roots to section 4(2) and section 3(b) of the Securities Act of 1933. Both of these sections are designed to relieve an issuer from the pains of registration under the 1933 Act in situations where Congress deemed such registration inappropriate. Therefore, under section 4(2), no registration is required for "transactions by an issuer not involving any public offering." Section 3(b) is not a self-executing exemption but instead permits the Securities and Exchange Commission to enact rules and regulations exempting issuers from registration requirements "if it finds that ... [registration] is not necessary in the public interest …

Taking And Pursuing A Case: Some Observations Regarding "Legal Ethics" And Attorney Accountability, Richard H. Underwood

Law Faculty Scholarly Articles

This Article addresses some of the potential liabilities that may arise from an attorney's decision to decline, refer, undertake, continue or discontinue the prosecution of a civil action. This Article suggests that counsel's obligations to his or her client, adversary, and fellow members of the bar, as well as to the judiciary and the justice system, can be balanced without subjecting attorneys to liability. This balance can be attained, however, only if potential problems are spotted and minimal precautions are taken.

Retribution And Deterrence: The Role Of Punitive Damages In Products Liability Litigation, Richard C. Ausness

Law Faculty Scholarly Articles

Punitive damages constitute an award to an injured party above what is necessary to compensate for actual loss. This Article considers whether punitive damages are an effective means of promoting the goals of products liability law. Section I traces the use of punitive damages in products liability litigation from the early 1960's to the present time. Section II examines the traditional rationales for punitive damages and considers whether they are appropriate in the products liability context. Finally, Section III evaluates some of the measures that commentators have proposed to adapt more fully the concept of punitive damages to products liability …

Kentucky Law Survey: Domestic Relations, Louise Everett Graham

Law Faculty Scholarly Articles

The following article presents a survey of domestic relations law in the Commonwealth of Kentucky. During the survey period, the Kentucky appellate courts faced a series of cases that involved not only the usual problems relating to property division, post divorce support obligations and child custody, but which also implicated a number of federal statutory attempts' to regulate areas long considered solely the province of state regulation. The presence of new federal legislation in these areas represents Congressional attempts to solve some major difficulties in the domestic relations area. Few persons would argue, for example, that the battle for jurisdiction …

Kentucky Law Survey: Criminal Procedure, William H. Fortune

Law Faculty Scholarly Articles

Many important criminal procedure cases were decided by the Kentucky appellate courts during the Survey period-too many to permit meaningful comment on each case. The author has selected those criminal procedure cases he feels are most significant and has not attempted to comment on penal code cases, most of which involve matters of criminal law.

Refuting The “Classic” Property Clause Theory, Eugene R. Gaetke

Law Faculty Scholarly Articles

In a series of cases the Supreme Court has recognized broad, preemptive federal regulatory power over federally owned land. The Court has based these decisions on the combined effect of the property and supremacy clauses of the Constitution. The scope of this power has been the cause of a heated political and legal debate in western states, which contain extensive federal land holdings. A number of legal commentators have argued that the Court's broad construction of the property clause is a misinterpretation of the Framers' intent and that the clause merely grants the federal government proprietary rights over its land …

Developing Realistic Agricultural Production Functions For Use In Undergraduate Classes, David L. Debertin

Agricultural Economics Textbook Gallery

This journal publication is included here as a supplement to Agricultural Production Economics text.  Supplementary files are also included.

Letter To Margarette Dye Regarding Southeastern Law Librarian Mailings, December 11, 1984, Hazel Johnson

Correspondence

A letter from Hazel Johnson to Margarette Dye regarding the mailing of the Southeastern Law Librarian.

Letter To Hazel Johnson Regarding Contact Information Change, December 6, 1984, Frank Houdek

Correspondence

A letter from Frank Houdek to Hazel Johnson updating Johnson with Houdek's new contact information.