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2003

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Public Health And The Built Environment: Historical, Empirical, And Theoretical Foundations For An Expanded Role, Wendy Collins Perdue, Lawrence O. Gostin, Lesley A. Stone Jan 2003

Public Health And The Built Environment: Historical, Empirical, And Theoretical Foundations For An Expanded Role, Wendy Collins Perdue, Lawrence O. Gostin, Lesley A. Stone

Law Faculty Publications

In 2000, the Center for Disease Control and Prevention's National Center for Environmental Health issued a report that explored some of the ways in which "sprawl" impacts public health. The report has generated great interest, and state health officials are beginning to discuss the relationship between land use and public health. The CDC report has also produced a backlash. For example, the Southern California Building Industry Association labeled the report "a ludicrous sham" and argued that the CDC should stick to "fighting physical diseases, not defending political ones."

In this environment, it is understandable if the CDC looks to such …


The Winchester Law School, 1824-1831, William Hamilton Bryson Jan 2003

The Winchester Law School, 1824-1831, William Hamilton Bryson

Law Faculty Publications

On March 5, 1824, Henry St. George Tucker was elected by the General Assembly of Virginia to be the judge of the circuit superior court of chancery to sit in Winchester and Clarksburg. Tucker had built up a very successful law practice in Winchester, where he had settled in 1802 upon his admission to the bar. He had also built up a large family; he had six sons and two daughters as well as three children who died young. The elevation to the bench resulted in an increase in professional status, but it also resulted in a substantial decrease in …


Virtual Cross-Examination: The Art Of Impeaching Hearsay, John G. Douglass Jan 2003

Virtual Cross-Examination: The Art Of Impeaching Hearsay, John G. Douglass

Law Faculty Publications

Trial lawyers and judges are quite accustomed to courtroom battles over the admissibility of hearsay. But relatively few have much experience at challenging the credibility of hearsay. Once hearsay is admitted in evidence, even the ablest advocates typically proceed as if the hearsay battle were over, at least until the appeal. Few lawyers take advantage of the opportunities available to impeach the hearsay declarant. Consider the perspective of one experienced trial judge: I sometimes wonder at what seems to me the passing up of golden opportunities by the able advocate. Foremost among these lost opportunities is the virtual total neglect …


Detentions, Military Commissions, Terrorism And Domestic Case Precedent, Carl W. Tobias Jan 2003

Detentions, Military Commissions, Terrorism And Domestic Case Precedent, Carl W. Tobias

Law Faculty Publications

Laura Dickinson's recent article in this journal substantially improves appreciation of how the United States has detained suspects and instituted military commissions as well as of the roles played by the controversial procedure and tribunals when fighting terrorism. She meticulously traces how detentions and the commissions evolved, trenchantly criticizes them, and persuasively shows international tribunals' comparative advantage. Dickinson accords relevant domestic case precedent a somewhat laconic analysis, however. For example, she briefly mentions separation-of-powers concerns and Supreme Court opinions that detentions and military commissions implicate while rather tersely assessing Ex parte Quirin, the Second World War decision on which …


From A Cattle Ranch To The Supreme Court, Carl W. Tobias Jan 2003

From A Cattle Ranch To The Supreme Court, Carl W. Tobias

Law Faculty Publications

Review of Sandra Day O'Connor, Lazy B: Growing Up On A Cattle Ranch In The American Southwest (2002).


Where Were The Counselors - Reflections On Advice Not Given And The Role Of Attorneys In The Accounting Crisis, William O. Fisher Jan 2003

Where Were The Counselors - Reflections On Advice Not Given And The Role Of Attorneys In The Accounting Crisis, William O. Fisher

Law Faculty Publications

Today's reports of corporate villainy invite these questions: Restricting ourselves to what the profession knew in the last days of the late 1990s soaring stock market, what advice might attorneys have given-about the temptations of deceptive accounting and the defenses to erect against it-to young executives who were taking their companies public then? And, if attorneys did not always give that counsel in fulsome form, why was that so? What forces worked on lawyers to deter that advice? What does all this suggest for counseling today? To help us answer these questions, we begin with two scenes. We return to …


Stamper - Miscellaneous Information, Carter County Genealogical Society Jan 2003

Stamper - Miscellaneous Information, Carter County Genealogical Society

Carter County Genealogy Collection

A collection of miscellaneous photocopies of regional and county histories, census records, and correspondence related to the Stamper family of Olive Hill, Kentucky.2003


Table Of Contents For Volume 91, Issue 3, Kentucky Law Journal Jan 2003

Table Of Contents For Volume 91, Issue 3, Kentucky Law Journal

Kentucky Law Journal

No abstract provided.


The Elusive Right To Reinstatement Under The Family Medical Leave Act, Stacy A. Hickox Jan 2003

The Elusive Right To Reinstatement Under The Family Medical Leave Act, Stacy A. Hickox

Kentucky Law Journal

No abstract provided.


At The Intersection Of Proximate Cause And Terrorism: A Contextual Analysis Of The (Proposed) Restatement Third Of Torts' Approach To Intervening And Superseding Causes, Jim Gash Jan 2003

At The Intersection Of Proximate Cause And Terrorism: A Contextual Analysis Of The (Proposed) Restatement Third Of Torts' Approach To Intervening And Superseding Causes, Jim Gash

Kentucky Law Journal

No abstract provided.


Child Custody For Disabled Adults: What Kentucky Families Need, Amy P. Hauser Jan 2003

Child Custody For Disabled Adults: What Kentucky Families Need, Amy P. Hauser

Kentucky Law Journal

No abstract provided.


Festo To The Rescue? The Return Of The Warner-Jenkinson Standard And A Preemptive Solution For The Future Of The Patent Law Balance, R. Flynt Strean Jan 2003

Festo To The Rescue? The Return Of The Warner-Jenkinson Standard And A Preemptive Solution For The Future Of The Patent Law Balance, R. Flynt Strean

Kentucky Law Journal

No abstract provided.


Democracy, Not Deference: An Egalitarian Theory Of Judicial Review, Ronald C. Den Otter Jan 2003

Democracy, Not Deference: An Egalitarian Theory Of Judicial Review, Ronald C. Den Otter

Kentucky Law Journal

No abstract provided.


"Don't Show Them Where To Click And Vote:" An Assessment Of Electioneering Law In The United States As A Consideration In Implementing Internet Voting Regimes, Michael Odell Walker Jan 2003

"Don't Show Them Where To Click And Vote:" An Assessment Of Electioneering Law In The United States As A Consideration In Implementing Internet Voting Regimes, Michael Odell Walker

Kentucky Law Journal

No abstract provided.


Table Of Contents For Volume 91, Issue 4, Kentucky Law Journal Jan 2003

Table Of Contents For Volume 91, Issue 4, Kentucky Law Journal

Kentucky Law Journal

No abstract provided.


Reforming Business Entity Law To Stimulate Economic Growth Among The Marginalized: The Modern South African Experienc, Johan J. Henning Jan 2003

Reforming Business Entity Law To Stimulate Economic Growth Among The Marginalized: The Modern South African Experienc, Johan J. Henning

Kentucky Law Journal

No abstract provided.


Business Law Reform In South Africa: The Right Path, The Right Reason, Allan W. Vestal Jan 2003

Business Law Reform In South Africa: The Right Path, The Right Reason, Allan W. Vestal

Kentucky Law Journal

No abstract provided.


Pragmatic Reform: Lessons From The South African Experiment, J. William Callison Jan 2003

Pragmatic Reform: Lessons From The South African Experiment, J. William Callison

Kentucky Law Journal

No abstract provided.


Business Law Reform In The United States: Thinking Too Small?, Douglas C. Michael Jan 2003

Business Law Reform In The United States: Thinking Too Small?, Douglas C. Michael

Kentucky Law Journal

No abstract provided.


Hiv And The Direct Threat Defense, Katrina Atkins, Richard Bales Jan 2003

Hiv And The Direct Threat Defense, Katrina Atkins, Richard Bales

Kentucky Law Journal

No abstract provided.


Why Are Victims Of Domestic Violence Still Dying At The Hands Of Their Abusers? Filling The Gap In State Domestic Violence Gun Laws, Sharon L. Gold Jan 2003

Why Are Victims Of Domestic Violence Still Dying At The Hands Of Their Abusers? Filling The Gap In State Domestic Violence Gun Laws, Sharon L. Gold

Kentucky Law Journal

No abstract provided.


An Enduring Fear: Recent Limitations On The Past Persecution Ground For Asylum, Susannah C. Vance Jan 2003

An Enduring Fear: Recent Limitations On The Past Persecution Ground For Asylum, Susannah C. Vance

Kentucky Law Journal

No abstract provided.


Table Of Contents For Volume 92, Issue 1, Kentucky Law Journal Jan 2003

Table Of Contents For Volume 92, Issue 1, Kentucky Law Journal

Kentucky Law Journal

No abstract provided.


Pension Reform In The Aftermath Of Enron: Congress' Failure To Deliver The Promise Of Secure Retirement To 401 (K) Plan Participants, Janice Kay Lawrence Jan 2003

Pension Reform In The Aftermath Of Enron: Congress' Failure To Deliver The Promise Of Secure Retirement To 401 (K) Plan Participants, Janice Kay Lawrence

Kentucky Law Journal

No abstract provided.


Federalism And The Federal Prosecution Of State And Local Corruption, Peter J. Henning Jan 2003

Federalism And The Federal Prosecution Of State And Local Corruption, Peter J. Henning

Kentucky Law Journal

No abstract provided.


The Constitutionality Of An Executive Spending Plan, Paul E. Salamanca Jan 2003

The Constitutionality Of An Executive Spending Plan, Paul E. Salamanca

Kentucky Law Journal

No abstract provided.


Affirmative Action, Race, And The Constitution: From Bakke To Grutter, Robert A. Sedler Jan 2003

Affirmative Action, Race, And The Constitution: From Bakke To Grutter, Robert A. Sedler

Kentucky Law Journal

No abstract provided.


A Comment On The Litigation Strategy, Judicial Politics And Political Context Which Produced Grutter And Gratz, Sheryl G. Snyder Jan 2003

A Comment On The Litigation Strategy, Judicial Politics And Political Context Which Produced Grutter And Gratz, Sheryl G. Snyder

Kentucky Law Journal

No abstract provided.


Affirmative Action In The Workplace: The Significance Of Grutter?, Rebecca Hanner White Jan 2003

Affirmative Action In The Workplace: The Significance Of Grutter?, Rebecca Hanner White

Kentucky Law Journal

No abstract provided.


Turn Up The Volume: The Need For "Noisy Withdrawal" In A Post Enron Society, Ryan Morrison Jan 2003

Turn Up The Volume: The Need For "Noisy Withdrawal" In A Post Enron Society, Ryan Morrison

Kentucky Law Journal

No abstract provided.