Digital Commons Network^™

Economic Theory, Trader Freedom And Consumer Welfare: State Oil Co. V. Khan And The Continuing Incoherence Of Antitrust Doctrine, Alan J. Meese

Faculty Publications

No abstract provided.

Depression And Moral Health: A Response To The Commentary, Mike W. Martin

Philosophy Faculty Articles and Research

S. Nassir Ghaemi tells us that whereas "neurologists are sometimes accused of admiring disease rather than treating it," psychiatrists seek to cure disease even when they do not understand it. At the same time, he notes that Freud had both theoretical and practical interests that occasionally point in different directions, and psychiatrists have learned that theoretical understanding of the sources of suffering does not always translate directly into useful clinical practice. For their part, philosophers are often criticized for indulging in armchair speculation that yields neither empirical understanding nor practical efficacy. Writing as a philosopher in "Depression: Illness, Insight, and …

John Dewey, Art And Public Life, Mark Mattern

Political Science Faculty Articles and Research

This article explores, criticizes, and extends John Dewey's arguments about art in relation to public life in a democracy. Dewey believed that art is a potent form of communication through which community is developed and political action undertaken. Although correct, Dewey erased conflict, negotiation and contestation From art, and failed to address the crucial role of power in the world of art. Three distinct kinds of political action through art are developed: pragmatic, deliberative, and confrontational.

Witch Doctors And Battleship Stalkers: The Edges Of Exculpation In Entrapment Cases, John F. Preis

Law Faculty Publications

This Note examines the effects of a defendant's claim of lack of "positional disposition" (i.e., the inability to commit the crime unaided) to support an entrapment defense.

The solution to the positional predisposition dispute requires answering two questions. First, on what grounds should criminal ability be considered at all by a court in determining a defendant's predisposition? Second, if ability is probative of predisposition, what degree of inability should be required for exculpation? This Note argues that a defendant's criminal ability is probative of that defendant's predisposition, and further, that a defendant's inability should be exculpatory to the degree that …

Enclave Districting, Henry L. Chambers Jr.

Law Faculty Publications

Congressional districting has historically fostered single-member, geographically compact districts consisting of contiguous territory and has resulted in common representation for those who live near each other. Underlying compact districting is the assumption that people living relatively close together share political interests that can be adequately served by common representation. When the United States was a sparsely populated agrarian nation and only the propertied were the enfranchised, providing common representation based on residential proximity was sensible. Over time, however, the connection between residence and political interests has diminished. In the wake of the Supreme Court's suggestion that representation should focus on …

Beyond Admissibility: Real Confrontation, Virtual Cross-Examination And The Right To Confront Hearsay, John G. Douglass

Law Faculty Publications

Part I of this Article describes how the Court turned the Confrontation Clause into a rule excluding unreliable hearsay, culminating in the 1980 decision in Ohio v. Roberts, in which the Court set out the "general approach" that dominates confrontation-hearsay analysis today. Part II assesses the application of the Court's exclusionary rule in the two decades since Roberts, a period during which the Confrontation Clause largely has merged with, and disappeared into, the law of evidence, in the process losing its significance as an independent protection for the accused in an adversarial system. Part III argues that the Court's choice …

Interpretation Of The Kentucky Rules Of Evidence--What Happened To The Common Law?, Robert G. Lawson

Kentucky Law Journal

No abstract provided.

Choice Of Law In Kentucky, John R. Leathers

Kentucky Law Journal

No abstract provided.

Substantial Proportionality Not Required: Achieving Title Ix Compliance Without Reducing Participation In Collegiate Athletics, Mark Hammond

Kentucky Law Journal

No abstract provided.

Judicial Independence: Rebuffing Congressional Attacks On The Third Branch, Stephan O. Kline

Kentucky Law Journal

No abstract provided.

Silence Broken: Gebser's New Standard Of School Liability For Title Ix Sexual Harassment, Callie R. Owen

Kentucky Law Journal

No abstract provided.

Cutting Deals In Smoke-Free Rooms: A Case Study In Public Choice Theory, David S. Samford

Kentucky Law Journal

No abstract provided.

Renewed Introspection And The Legal Profession, Eugene R. Gaetke

Kentucky Law Journal

No abstract provided.

Coaching Witnesses, Fred C. Zacharias, Shaun Martin

Kentucky Law Journal

No abstract provided.

The Professional And The Liar, Richard H. Underwood

Kentucky Law Journal

No abstract provided.

Rethinking The Way Law Is Taught: Can We Improve Lawyer Professionalism By Teaching Hired Guns To Aim Better?, W. William Hodges

Kentucky Law Journal

No abstract provided.

The Lawyer's Duty To Disclose Material Facts In Contract Or Settlement Negotiations, Nathan M. Crystal

Kentucky Law Journal

No abstract provided.

A Proposal To Require Lawyers To Disclose Information About Procedural Matters, William H. Fortune

Kentucky Law Journal

No abstract provided.

Minnesota V. Philip Morris, Inc.: An Important Legal Ethics Message Which Neglects The Public Interest In Product Safety Research, Edward J. Imwinkelried, James R. Mccall

Kentucky Law Journal

No abstract provided.

The Attorney-Client Privilege: Does It Really Have Life Everlasting?, Richard C. Wydick

Kentucky Law Journal

No abstract provided.

Should Kentucky Impose An Enforceable Duty On Lawyers To Report Other Lawyers' Professional Misconduct?, Parker D. Eastin

Kentucky Law Journal

No abstract provided.

The Crime-Fraud Exception To The Attorney-Client Privilege In The Context Of Corporate Counseling, H. Lowell Brown

Kentucky Law Journal

No abstract provided.

Rule 26(C)(7) Protective Orders: Just What Are You Hiding Under There, Anyway?, Ross T. Turner

Kentucky Law Journal

No abstract provided.

Trust Me: Insurers Are Not Fiduciaries To Their Insureds, Douglas R. Richmond

Kentucky Law Journal

No abstract provided.

Strengthening Hate Crime Laws In Kentucky, Jennifer Jolly-Ryan

Kentucky Law Journal

No abstract provided.

The Limited Fiduciary Duties Owed By Corporate Managers To Preferred Shareholders: A Need For Change, Noelle M. Holladay

Kentucky Law Journal

No abstract provided.

Clients Should Have No Interest In Iolta Programs: An Analysis Of The Supreme Court's Decision In Phillips V. Washington Legal Foundation, Emily Hood

Kentucky Law Journal

No abstract provided.

Disappointed Bidder Standing To Challenge A Government Contract Award: A Proposal For Change In Kentucky Procurement Law, David S. Sullivan

Kentucky Law Journal

No abstract provided.

A General Rule Of Law Is Needed To Define Public Use In Patent Cases, Katherine E. White

Kentucky Law Journal

No abstract provided.

"[B]Etween The Devil And The Deep Blue Sea:"* A Look At The Fifth Amendment Implications Of Probation Programs For Sex Offenders Requiring Mandatory Admissions Of Guilt, Brendan J. Shevlin

Kentucky Law Journal

No abstract provided.