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1998

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Symposium Introduction, Peter N. Swisher Jan 1998

Symposium Introduction, Peter N. Swisher

Law Faculty Publications

This Symposium addresses a number of the serious questions and issues involving the insurance law doctrine of reasonable expectations after three decades. We are fortunate to have ten excellent symposium articles analyzing the doctrine of reasonable expectations from various perspectives, written by seven academic lawyers, two prominent insurance law practitioners, and an eminent jurist.

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Protecting Unionized Employees Against Discrimination: The Fourth Circuit's Misinterpretation Of Supreme Court Precedent, Ann C. Hodges Jan 1998

Protecting Unionized Employees Against Discrimination: The Fourth Circuit's Misinterpretation Of Supreme Court Precedent, Ann C. Hodges

Law Faculty Publications

This article will first review the Supreme Court's arbitration jurisprudence, concentrating on labor and employment law cases. Next, the article will analyze the cases involving arbitration under collective bargaining agreements decided by the courts of appeals subsequent to Gilmer. The article will then evaluate the two different approaches of the circuit courts in light of the law relating to collective bargaining and union representation. Finally, the article will review alternative methods of protecting employee rights to determine whether unions can preserve employees' statutory rights under the rule of the Fourth Circuit. The article concludes that the Supreme Court should …

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Economic Importance Of Managing Spatially Heterogeneous Weed Population, John L. Lindquist, J. Anita Dieleman, David A. Mortensen, Gregg A. Johnson, Dawn Y. Wyse-Pester Jan 1998

Economic Importance Of Managing Spatially Heterogeneous Weed Population, John L. Lindquist, J. Anita Dieleman, David A. Mortensen, Gregg A. Johnson, Dawn Y. Wyse-Pester

Department of Agronomy and Horticulture: Faculty Publications

Three methods of predicting the impact of weed interference on crop yield and expected economic return were compared to evaluate the economic importance of weed spatial heterogeneity. Density of three weed species was obtained using a grid sampling scheme in 11 corn and 11 soybean fields. Crop yield loss was predicted assuming densities were homogeneous, aggregated following a negative binomial with known population mean and k, or aggregated with weed densities spatially mapped. Predicted crop loss was lowest and expected returns highest when spatial location of weed density was utilized to decide whether control was justified. Location-specific weed management resulted …

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4qmiscellaneous Fragments: Progress And Problems, Dana M. Pike, Andrew C. Skinner Jan 1998

4qmiscellaneous Fragments: Progress And Problems, Dana M. Pike, Andrew C. Skinner

Faculty Publications

Our comments constitute a preliminary report on our assignment to publish a group of fragments from Cave 4 that are designated 4Q Miscellaneous and Unidentified.

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Reinventing Bakke, Alan J. Meese Jan 1998

Reinventing Bakke, Alan J. Meese

Faculty Publications

No abstract provided.

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Judicial Exclusivity And Political Instability, Neal Devins, Louis Fisher Jan 1998

Judicial Exclusivity And Political Instability, Neal Devins, Louis Fisher

Faculty Publications

No abstract provided.

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George Landon Browning (D. 1947), William Hamilton Bryson Jan 1998

George Landon Browning (D. 1947), William Hamilton Bryson

Law Faculty Publications

Encyclopedia entry on George Landon Browning judge of the Virginia Supreme Court of Appeals.

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George Wayne Anderson (D. 1922), William Hamilton Bryson Jan 1998

George Wayne Anderson (D. 1922), William Hamilton Bryson

Law Faculty Publications

A brief, descriptive entry on George Wayne Anders, an attorney, who was born at Edgehill in Albemarle County, one of two sons and two daughters of Edward Clifford Anderson, a colonel in the Confederate army, and Jane Margaret Randolph Anderson, a granddaughter of Thomas Jefferson.

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Civil Justice Reform Sunset, Carl W. Tobias Jan 1998

Civil Justice Reform Sunset, Carl W. Tobias

Law Faculty Publications

This article uses the Civil Justice Reform Act of 1990 (CJRA) as the backdrop for addressing efforts to increase uniformity, simplicity, and transsubstantivity, and to decrease expense and delay in civil litigation. Professor Tobias discusses both the origin and the implementation of the CJRA. By requiring each federal district court to formulate a civil justice expense and delay reduction plan, the purpose of the CJRA is to decrease expense and delay in civil litigation. Professor Tobias argues that the CIRA has been successful because districts have applied techniques that have saved cost and time and have provided new data that …

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Dear Justice White, Carl W. Tobias Jan 1998

Dear Justice White, Carl W. Tobias

Law Faculty Publications

Addressing Supreme Court of the United States Justice Justice Byron T. White, Chair of the Commission on Structural Alternatives for the Federal Courts of Appeals, Prof. Tobias offers advice on examining the problems confronting the courts and devising recommendations that address these problems within the Commission's statutory mandate.

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Reforming Common Sense Legal Reforms, Carl W. Tobias Jan 1998

Reforming Common Sense Legal Reforms, Carl W. Tobias

Law Faculty Publications

The Contract With America figured prominently in the Republican Party's victories in the 1994 congressional races. During the opening days of the 104th Congress, therefore, approximately one hundred sponsors introduced the Common Sense Legal Refonns Act (CSLRA), which embodied several measures that comprised the Contract's ninth precept. The only constituent of this package of proposals which actually became law was the Private Securities Litigation Refonn Act (PSLRA). Both Houses of Congress did pass products liability reform bills but lacked the requisite votes to override President Bill Clinton's veto. The House of Representatives approved the Attorney Accountability Act (AAA), which would …

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National Bankruptcy Review Commission's Section 365 Recommendations And The Larger Conceptual Issues, David G. Epstein Jan 1998

National Bankruptcy Review Commission's Section 365 Recommendations And The Larger Conceptual Issues, David G. Epstein

Law Faculty Publications

In the chapter of the Report of the National Bankruptcy Commission ("Report") entitled "Business Bankruptcy," the National Bankruptcy Review Commission ("Review Commission") makes four recommendations regarding section 365 of the Bankruptcy Code: 2.4.1 Clarifying the Meaning of "Rejection" The concept of "rejection" in section 365 should be replaced with "election to breach." Section 365 should provide that a trustee's ability to elect to breach a contract of the debtor is not an avoiding power. Section 502(g) should be amended to provide that a claim arising from the election to breach shall be allowed or disallowed the same as if such …

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Commercial Codification As Negotiation, David Frisch Jan 1998

Commercial Codification As Negotiation, David Frisch

Law Faculty Publications

Part I of this Article endeavors to put the sales law in perspective by emphasizing its role in the broader system of commercial law. Then, in Part II we focus on a particular example (the buyer's right to recover goods upon the seller's insolvency) to support our general observation that the revision reflects a fatal insensitivity to the need for article 2 to fit with other bodies of commercial codification. Part III demonstrates the revi~ion's failure to come to terms with the role of context and makes the argument that the drafters' shortsightedness is evidenced by the manner in which …

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The Status Of Constitutional Religious Liberty At The End Of The Millennium, Kurt T. Lash Jan 1998

The Status Of Constitutional Religious Liberty At The End Of The Millennium, Kurt T. Lash

Law Faculty Publications

I have the privilege of introducing the 1998 Bums Lecture Symposium- Religious Liberty in the Next Millennium: Should We Amend the Religion Clauses of the United States Constitution? My role in this Symposium is to acquaint you with the religion clauses of the Constitution- where they came from- where they've been- and where they seem to be today. Our Symposium contributors, Professors Kent Greenawalt and Robert George will discuss just where they think the religion clauses should go in the future.

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Textualism's Selective Canons Of Statutory Construction: Reinvigorating Individual Liberties, Legislative Authority, And Deference To Executive Agencies, Bradford C. Mank Jan 1998

Textualism's Selective Canons Of Statutory Construction: Reinvigorating Individual Liberties, Legislative Authority, And Deference To Executive Agencies, Bradford C. Mank

Kentucky Law Journal

No abstract provided.

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Fair Use And Educational Copying: A Reexamination Of Princeton University Press V. Michigan Document Services, Inc., Gilbert Busby Jan 1998

Fair Use And Educational Copying: A Reexamination Of Princeton University Press V. Michigan Document Services, Inc., Gilbert Busby

Kentucky Law Journal

No abstract provided.

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United States V. Tucker: Should Independent Counsels Investigate And Prosecute Ordinary Citizens?, Hanly A. Ingram Jan 1998

United States V. Tucker: Should Independent Counsels Investigate And Prosecute Ordinary Citizens?, Hanly A. Ingram

Kentucky Law Journal

No abstract provided.

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Table Of Contents For Volume 86, Issue 4, Kentucky Law Journal Jan 1998

Table Of Contents For Volume 86, Issue 4, Kentucky Law Journal

Kentucky Law Journal

No abstract provided.

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Kentucky Law Survey: Family Law, Louise Everett Graham Jan 1998

Kentucky Law Survey: Family Law, Louise Everett Graham

Kentucky Law Journal

No abstract provided.

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Kentucky Law Survey: Professional Responsibility, William H. Fortune Jan 1998

Kentucky Law Survey: Professional Responsibility, William H. Fortune

Kentucky Law Journal

No abstract provided.

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Kentucky Law Survey: Taxation, Kathryn L. Moore Jan 1998

Kentucky Law Survey: Taxation, Kathryn L. Moore

Kentucky Law Journal

No abstract provided.

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Kentucky Law Survey: Torts, Ronald L. Green Jan 1998

Kentucky Law Survey: Torts, Ronald L. Green

Kentucky Law Journal

No abstract provided.

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Kentucky Legal Research On The Internet, Kurt X. Metzmeier Jan 1998

Kentucky Legal Research On The Internet, Kurt X. Metzmeier

Kentucky Law Journal

No abstract provided.

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Are Kentucky's Children "At Risk" As A Result Of J.H. V. Commonwealth?, Duane F. Osborne Jan 1998

Are Kentucky's Children "At Risk" As A Result Of J.H. V. Commonwealth?, Duane F. Osborne

Kentucky Law Journal

No abstract provided.

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Justice Charles M. Leibson And The Revival Of State Constitutional Law: A Microcosm Of A Movement, Jennifer Digiovanni Jan 1998

Justice Charles M. Leibson And The Revival Of State Constitutional Law: A Microcosm Of A Movement, Jennifer Digiovanni

Kentucky Law Journal

No abstract provided.

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St. Ledger V. Kentucky Revenue Cabinet: The Tax That Would Not Die, Rick Alsip, Jennifer Bailey, Melissa Bowman, William G. Fowler Ii, Trey Grayson Jan 1998

St. Ledger V. Kentucky Revenue Cabinet: The Tax That Would Not Die, Rick Alsip, Jennifer Bailey, Melissa Bowman, William G. Fowler Ii, Trey Grayson

Kentucky Law Journal

No abstract provided.

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A Lawyer's Guide: How To Avoid Pitfalls When Dealing With Alien Clients, Kelly Kaiser Jan 1998

A Lawyer's Guide: How To Avoid Pitfalls When Dealing With Alien Clients, Kelly Kaiser

Kentucky Law Journal

No abstract provided.

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Morally And Legally: A Parent's Duty To Prevent The Abuse Of A Child As Defined By Lane V. Commonwealth, Rachel S. Zahniser Jan 1998

Morally And Legally: A Parent's Duty To Prevent The Abuse Of A Child As Defined By Lane V. Commonwealth, Rachel S. Zahniser

Kentucky Law Journal

No abstract provided.

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The Ubiquitous Yet Illusive "Merger" Clause In Labor Agreements: Semantics, Applications, And Effect On Past Practice, R. Wayne Estes, Kirsten C. Love Jan 1998

The Ubiquitous Yet Illusive "Merger" Clause In Labor Agreements: Semantics, Applications, And Effect On Past Practice, R. Wayne Estes, Kirsten C. Love

Kentucky Law Journal

No abstract provided.

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Harris V. Commonwealth: The Use Of "Statutory" Aggravating Circumstances In Kentucky's Sentencing Procedure, Melissa Bartlett Jan 1998

Harris V. Commonwealth: The Use Of "Statutory" Aggravating Circumstances In Kentucky's Sentencing Procedure, Melissa Bartlett

Kentucky Law Journal

No abstract provided.

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