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2005

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The Rose Garden Strategy Revisited: How Presidents Use Public Activities, Lori Cox Han Jan 2005

The Rose Garden Strategy Revisited: How Presidents Use Public Activities, Lori Cox Han

Political Science Faculty Books and Book Chapters

"The overall goal of this study was to determine how often, and in which formats, presidents choose to go public, and if differences exist in that pattern during their reelection efforts. This chapter also considers the major developments within the public presidency during the twentieth century, and how those developments contributed to the patterns in public activities that have emerged for Presidents Hoover through Clinton."


The Prerogative Of The Sovereign In Virginia: Royal Law In A Republic, William Hamilton Bryson Jan 2005

The Prerogative Of The Sovereign In Virginia: Royal Law In A Republic, William Hamilton Bryson

Law Faculty Publications

The history of the prerogative of the sovereign, the lex prerogativa, in Anglo American jurisprudence is long and complicated. It has exercised the minds of jurists and political philosophers for many centuries, and there has not been universal agreement as to its nature and scope. The purpose of this essay, as prompted by the two quotations just given, is to describe the prerogative law and trace its development from medieval England to modem Virginia.


Johnson V. Degrandy, Henry L. Chambers Jr. Jan 2005

Johnson V. Degrandy, Henry L. Chambers Jr.

Law Faculty Publications

512 U.S. 997 (1994), argued 4 OCT. 1993, decided 30 June 1994 by vote of 7 to 2 Souter for the Court, O'Connor concurring, Kennedy concurring in part and concurring in the judgment, Thomas and Scalia in dissent.


Patent Claim Interpretation Methodologies And Their Claim Scope Paradigms, Christopher A. Cotropia Jan 2005

Patent Claim Interpretation Methodologies And Their Claim Scope Paradigms, Christopher A. Cotropia

Law Faculty Publications

The optimal scope of patent protection is an issue with which patent system observers have struggled for decades. Various patent doctrines have been recognized as tools for creating specific patent scopes and, as a result, implementing specific patent theories. One area of patent law that has not been addressed in the discussion on patent scope and theories is patent claim interpretation. This omission is particularly noteworthy because of the substantive role patent claims and the interpretation thereof play in the patent system, namely the framing of questions of patent infringement and validity. This Article will explore the not-yet-discussed relationship between …


The Environmental Responsibility Of The Regionalizing Electric Utility Industry, Joel B. Eisen Jan 2005

The Environmental Responsibility Of The Regionalizing Electric Utility Industry, Joel B. Eisen

Law Faculty Publications

In this Article, I will address environmental issues in the context of our rapidly evolving understanding of "restructuring." The market for electricity is fast becoming a series of regional marketplaces for wholesale transactions, operating on bid-based systems that move power at the lowest cost. There are plenty of states where power is still delivered as it has been for decades: by "bundled" service provided by vertically integrated utilities. However, the trend is toward regionalization, where independent entities control the transmission grid and play a major role in determining how power is delivered. These market participants, confusingly, have been known by …


Does The Efficient Market Theory Help Us Do Justice In A Time Of Madness, William O. Fisher Jan 2005

Does The Efficient Market Theory Help Us Do Justice In A Time Of Madness, William O. Fisher

Law Faculty Publications

This Article questions how well the efficient market theory, as applied by event studies, works in cases originating during the Internet, high-tech, and telecommunications bubble of 1998 to 2001. In doing so, the Article discusses technical and theoretical challenges to the efficient market theory. Principally, however, this Article argues that the use of the efficient market theory-and relatedly the event study methodology-is inappropriate in bubble cases for normative reasons. The normative connection between the efficient market theory-applied through event studies-and the lOb-5 elements-reliance, materiality, loss causation, and damages-presupposes that the market acts rationally. Market professionals supposedly impose that rationality through …


Human Rights And Bioethics: Formulating A Universal Right To Health, Health Care, Or Health Protection?, George P. Smith Ii Jan 2005

Human Rights And Bioethics: Formulating A Universal Right To Health, Health Care, Or Health Protection?, George P. Smith Ii

Scholarly Articles

Codifying, and then implementing, an international right to health, health care, or protection is beset with serious roadblocks - foremost among them being contentious issues of indeterminacy, justiciability, and progressive realization. Although advanced - and to some degree recognized under the rubric of a social or cultural entitlement within the law of human rights and, more particularly, the U.S. Declaration on Human Rights, together with International Covenant on Economic, Social and Cultural Rights (ICESCR), the International Covenant on Civil and Political Rights, the European Convention on Human Rights, and presently UNESCO's Draft Declaration on Universal Norms on Bioethics - attainment …


Tila ‘Finance’ And ‘Other’ Charges In Open-End Credit: The Cost-Of Credit Principle Applied To Charges For Optional Products Or Services, Ralph J. Rohner, Thomas Durkin Jan 2005

Tila ‘Finance’ And ‘Other’ Charges In Open-End Credit: The Cost-Of Credit Principle Applied To Charges For Optional Products Or Services, Ralph J. Rohner, Thomas Durkin

Scholarly Articles

The thesis of this article is that a more workable approach to characterizing fees for optional products and services is possible by focusing on charges that represent payment for discrete products or services of value to the consumer, freely chosen by consumers as contract options which do not affect the amount of credit available to the consumer, the consumer's access to it, or the allocation of payment responsibility and credit risk in the transaction or plan. In other words, these fees are for separate-or separable-purchases, analogous to subsequent events in closed-end credit that require no new disclosure or adjustment in …


Achieving Batterer Accountability In The Child Protection System, Leigh Goodmark Jan 2005

Achieving Batterer Accountability In The Child Protection System, Leigh Goodmark

Kentucky Law Journal

No abstract provided.


The Lost Distinction Between Agency And Decisional Authority: Unfortunate Consequences Of The Member-Managed Versus Manager-Managed Distinction In The Limited Liability Company, Thomas E. Rutledge Jan 2005

The Lost Distinction Between Agency And Decisional Authority: Unfortunate Consequences Of The Member-Managed Versus Manager-Managed Distinction In The Limited Liability Company, Thomas E. Rutledge

Kentucky Law Journal

No abstract provided.


Time Out Of Mind: Our Collective Amnesia About The History Of The Privileges Or Immunities Clause, Michael P. O'Connor Jan 2005

Time Out Of Mind: Our Collective Amnesia About The History Of The Privileges Or Immunities Clause, Michael P. O'Connor

Kentucky Law Journal

No abstract provided.


Internet Libel And The Communications Decency Act: How The Courts Erroneously Interpreted Congressional Intent With Regard To Liability Of Internet Service Providers, Emily K. Fritts Jan 2005

Internet Libel And The Communications Decency Act: How The Courts Erroneously Interpreted Congressional Intent With Regard To Liability Of Internet Service Providers, Emily K. Fritts

Kentucky Law Journal

No abstract provided.


The Supreme Court's Mixed Messages On The Public Domain: Cases Interpreting Section 43 Of The Lanham Act, William Scott Hunt Jan 2005

The Supreme Court's Mixed Messages On The Public Domain: Cases Interpreting Section 43 Of The Lanham Act, William Scott Hunt

Kentucky Law Journal

No abstract provided.


Eliminating The Exception? Lawrence V. Texas And The Arguments For Extending The Right To Marry To Same-Sex Couples, Tyler S. Whitty Jan 2005

Eliminating The Exception? Lawrence V. Texas And The Arguments For Extending The Right To Marry To Same-Sex Couples, Tyler S. Whitty

Kentucky Law Journal

No abstract provided.


Not-So-Critical Vendors: Redefining Critical Vendor Orders, Christopher D. Hunt Jan 2005

Not-So-Critical Vendors: Redefining Critical Vendor Orders, Christopher D. Hunt

Kentucky Law Journal

No abstract provided.


Contestable Judicial Elections: Maintaining Respectability In The Post-White Era, Joseph E. Lambert Jan 2005

Contestable Judicial Elections: Maintaining Respectability In The Post-White Era, Joseph E. Lambert

Kentucky Law Journal

No abstract provided.


Making The Obvious Choice Malpractice: Llps And The Lawyer Liability Time Bomb In Kentucky's 2005 Tax Modernization, Thomas E. Rutledge, Allan W. Vestal Jan 2005

Making The Obvious Choice Malpractice: Llps And The Lawyer Liability Time Bomb In Kentucky's 2005 Tax Modernization, Thomas E. Rutledge, Allan W. Vestal

Kentucky Law Journal

No abstract provided.


Confederation-Era Discrimination Against Interstate Commerce And The Legitimacy Of The Dormant Commerce Clause Doctrine, Brannon P. Denning Jan 2005

Confederation-Era Discrimination Against Interstate Commerce And The Legitimacy Of The Dormant Commerce Clause Doctrine, Brannon P. Denning

Kentucky Law Journal

No abstract provided.


Tax Exemption Of American Churches And Other Nonprofits: One Election Cycle After Branch Ministries V. Rossotti, Jerome Park Prather Jan 2005

Tax Exemption Of American Churches And Other Nonprofits: One Election Cycle After Branch Ministries V. Rossotti, Jerome Park Prather

Kentucky Law Journal

No abstract provided.


Evaluating Kentucky's Investment Tax Credits In Light Of Cuno V. Daimlerchrysler, Inc., Bradford C. Spencer Jan 2005

Evaluating Kentucky's Investment Tax Credits In Light Of Cuno V. Daimlerchrysler, Inc., Bradford C. Spencer

Kentucky Law Journal

No abstract provided.


Testimonial Or Nontestimonial? The Admissibility Of Forensic Evidence After Crawford V. Washington, John M. Spires Jan 2005

Testimonial Or Nontestimonial? The Admissibility Of Forensic Evidence After Crawford V. Washington, John M. Spires

Kentucky Law Journal

No abstract provided.


Re-Establishing The Sisseton-Wahpeton Oyate's Reservation Boundaries: Building A Legal Rationale From Current International Law, Angelique A. Eaglewoman Jan 2005

Re-Establishing The Sisseton-Wahpeton Oyate's Reservation Boundaries: Building A Legal Rationale From Current International Law, Angelique A. Eaglewoman

American Indian Law Review

No abstract provided.


The Poltical Rights And Status Of Indeigenous Peoples In The 21st Century, Tama William Potaka Jan 2005

The Poltical Rights And Status Of Indeigenous Peoples In The 21st Century, Tama William Potaka

American Indian Law Review

No abstract provided.


In Cases Involving Sites Of Religious Significance, Plaintiffs Will Fall In The Gap Of Judicial Deference That Exists Between The Religion Clauses Of The First Amendment, Jeff Pinter Jan 2005

In Cases Involving Sites Of Religious Significance, Plaintiffs Will Fall In The Gap Of Judicial Deference That Exists Between The Religion Clauses Of The First Amendment, Jeff Pinter

American Indian Law Review

No abstract provided.


Indian Mascot World Series Tied 1 - 1: Who Will Prevail As Champion?, Stacie L. Nicholson Jan 2005

Indian Mascot World Series Tied 1 - 1: Who Will Prevail As Champion?, Stacie L. Nicholson

American Indian Law Review

No abstract provided.


The State, Cherokee Nation, And Same-Sex Unions: In Re: Marriage License Of Mckinley & Reynolds, Christopher L. Kannady Jan 2005

The State, Cherokee Nation, And Same-Sex Unions: In Re: Marriage License Of Mckinley & Reynolds, Christopher L. Kannady

American Indian Law Review

No abstract provided.


Giving Up The "I": How The National Museum Of The American Indian Appropriated Tribal Voices, Whitney Kerr Jan 2005

Giving Up The "I": How The National Museum Of The American Indian Appropriated Tribal Voices, Whitney Kerr

American Indian Law Review

No abstract provided.


Book Review: Lindsay G. Robertson, Conquest By Law: How The Discovery Of America Dispossessed Indigenous Peoples Of Their Lands, Oxford University Press, 2005, Willaim D. Wallace Jan 2005

Book Review: Lindsay G. Robertson, Conquest By Law: How The Discovery Of America Dispossessed Indigenous Peoples Of Their Lands, Oxford University Press, 2005, Willaim D. Wallace

American Indian Law Review

No abstract provided.


Ecclesiology In Seventh-Day Adventist Theological Research, 1995-2004: A Brief Introduction And Bibliographical Guide, Gerald A. Klingbeil Jan 2005

Ecclesiology In Seventh-Day Adventist Theological Research, 1995-2004: A Brief Introduction And Bibliographical Guide, Gerald A. Klingbeil

Andrews University Seminary Studies (AUSS)

No abstract provided.


Deaconesses In History And In The Seventh-Day Adventist Church, Nancy Jean Vyhmeister Jan 2005

Deaconesses In History And In The Seventh-Day Adventist Church, Nancy Jean Vyhmeister

Andrews University Seminary Studies (AUSS)

No abstract provided.