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Full-Text Articles in Law

Removing Recalcitrant County Clerks In Kentucky, Shawn D. Chapman Jan 2017

Removing Recalcitrant County Clerks In Kentucky, Shawn D. Chapman

Kentucky Law Journal

Events in 2015 surrounding Rowan County Clerk Kim Davis showed how removing county clerks from office is not a simple task in Kentucky. At present, removal can be accomplished only by the same dfficult means required to remove a state-wide executive offlcer, meaning the county clerk has the same tenure as the governor and attorney general. Historically, however, the county clerk was removable by other, lesser means, as were all other county officers. Today, the other county offcers are still removable by those lesser means, but the county clerk is not, resulting in a removal gap. That gap first appeared …


Predictors Of Municipal Bankruptcies And State Intervention Programs: An Exploratory Study, Laura N. Coordes, Thom Reilly Jan 2017

Predictors Of Municipal Bankruptcies And State Intervention Programs: An Exploratory Study, Laura N. Coordes, Thom Reilly

Kentucky Law Journal

Why do some struggling cities file for bankruptcy while others, facing simiar circumstances, do not? This Article builds on the literature examining the causes and consequences ofmunicipal fiscal distress by exploring specific factors that lead municipalities to seek help from the state and federal government. Viewing municipal opportunities and constraints through political, economic, and legal lenses, this Article helps to explain the nuances ofmunicival decision making.

After identifiing eight factors that may serve as predctors of municipal insolvency, the authors studied cities in Fiscal distress with an eye toward uncovering the circumstances that led each of these cities into and—if …


State Treason: The History And Validity Of Treason Against Individual States, J. Taylor Mcconkie Jan 2013

State Treason: The History And Validity Of Treason Against Individual States, J. Taylor Mcconkie

Kentucky Law Journal

No abstract provided.


The Lexington-Fayette Urban County Board Of Adjustment: Fifty Years Later, Kathryn L. Moore Jan 2012

The Lexington-Fayette Urban County Board Of Adjustment: Fifty Years Later, Kathryn L. Moore

Kentucky Law Journal

No abstract provided.


Loss Of Parental Consortium: Why Kentucky Should Re-Recognize The Claim Outside The Wrongful Death Context, Collin D. Schueler Jan 2010

Loss Of Parental Consortium: Why Kentucky Should Re-Recognize The Claim Outside The Wrongful Death Context, Collin D. Schueler

Kentucky Law Journal

No abstract provided.


A "Preposterous Anomaly": Sovereign Immunity In Kentucky Following The Crash Of Comair Flight 5191, Nathaniel R. Kissel Jan 2010

A "Preposterous Anomaly": Sovereign Immunity In Kentucky Following The Crash Of Comair Flight 5191, Nathaniel R. Kissel

Kentucky Law Journal

No abstract provided.


Thou Shall Not Hunt: A Historical Introduction To And Discussion Of The Modern Debate Over Sunday Hunting Laws, Mike Balestra Jan 2008

Thou Shall Not Hunt: A Historical Introduction To And Discussion Of The Modern Debate Over Sunday Hunting Laws, Mike Balestra

Kentucky Law Journal

No abstract provided.


Mansion Or Fortress? The Legal Merits Of Temporary Immunity From Criminal Prosecution For Kentucky's Chief Executive, Nick Jones Jan 2008

Mansion Or Fortress? The Legal Merits Of Temporary Immunity From Criminal Prosecution For Kentucky's Chief Executive, Nick Jones

Kentucky Law Journal

No abstract provided.


The 2007 Amendments To The Kentucky Business Entity Statutes, Thomas E. Rutledge Jan 2008

The 2007 Amendments To The Kentucky Business Entity Statutes, Thomas E. Rutledge

Kentucky Law Journal

No abstract provided.


Modern Partnership Law Comes To Kentucky: Comparing The Kentucky Revised Uniform Partnership Act And The Uniform Act From Which It Was Derived, Allan W. Vestal, Thomas E. Rutledge Jr. Jan 2007

Modern Partnership Law Comes To Kentucky: Comparing The Kentucky Revised Uniform Partnership Act And The Uniform Act From Which It Was Derived, Allan W. Vestal, Thomas E. Rutledge Jr.

Kentucky Law Journal

No abstract provided.


"Face To Face" With The Right Of Confrontation: A Critique Of The Supreme Court Of Kentucky's Approach To The Confrontation Clause Of The Kentucky Constitution, Sarah M. Dunn Jan 2007

"Face To Face" With The Right Of Confrontation: A Critique Of The Supreme Court Of Kentucky's Approach To The Confrontation Clause Of The Kentucky Constitution, Sarah M. Dunn

Kentucky Law Journal

No abstract provided.


Look Homeward Candidate: Evaluating And Reforming Kentucky's Residency Definition And Bona Fides Challenges In Order To Avoid A Potential Crisis In Gubernatorial Elections, S. Chad Meredith Jan 2006

Look Homeward Candidate: Evaluating And Reforming Kentucky's Residency Definition And Bona Fides Challenges In Order To Avoid A Potential Crisis In Gubernatorial Elections, S. Chad Meredith

Kentucky Law Journal

No abstract provided.


The Legislative Privilege To Judge The Qualifications, Elections, And Returns Of Members, Paul E. Salamanca, James E. Keller Jan 2006

The Legislative Privilege To Judge The Qualifications, Elections, And Returns Of Members, Paul E. Salamanca, James E. Keller

Kentucky Law Journal

No abstract provided.


The Ramifications Of Rejecting Wrongful Birth: A Closer Look At Grubbs V. Barbourville Family Health Center, Johanna L. Frantz Jan 2004

The Ramifications Of Rejecting Wrongful Birth: A Closer Look At Grubbs V. Barbourville Family Health Center, Johanna L. Frantz

Kentucky Law Journal

No abstract provided.


Preemption Of State Tort Law By Federal Safety Statutes: Supreme Court Preemption Jurisprudence Since Cipollone, Richard C. Ausness Jan 2004

Preemption Of State Tort Law By Federal Safety Statutes: Supreme Court Preemption Jurisprudence Since Cipollone, Richard C. Ausness

Kentucky Law Journal

No abstract provided.


Lending A Helping Hand?: A Guide To Kentucky's New Predatory Lending Law, Kent H. Barnett Jan 2004

Lending A Helping Hand?: A Guide To Kentucky's New Predatory Lending Law, Kent H. Barnett

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.


Social Reform For Kentucky's Judicial System: The Creation Of Unified Family Courts, Erin J. May Jan 2003

Social Reform For Kentucky's Judicial System: The Creation Of Unified Family Courts, Erin J. May

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.


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.


A Parent's Rights Under The Fourteenth Amendment: Does Kentucky's De Facto Custodian Statute Violate Due Process?, Elizabeth Ashley Bruce Jan 2003

A Parent's Rights Under The Fourteenth Amendment: Does Kentucky's De Facto Custodian Statute Violate Due Process?, Elizabeth Ashley Bruce

Kentucky Law Journal

No abstract provided.


Official Immunity In Kentucky: The New Standard Under Yanero V. Davis, G. Thomas Barker Jan 2002

Official Immunity In Kentucky: The New Standard Under Yanero V. Davis, G. Thomas Barker

Kentucky Law Journal

No abstract provided.


Due Process And Kentucky's Non-Claim Statutes: A Call For Legislative Revision, Mark A. Noel Jan 2002

Due Process And Kentucky's Non-Claim Statutes: A Call For Legislative Revision, Mark A. Noel

Kentucky Law Journal

No abstract provided.


Modifying The Kentucky Rules Of Evidence--A Separation Of Powers Issue, Robert G. Lawson Jan 2000

Modifying The Kentucky Rules Of Evidence--A Separation Of Powers Issue, Robert G. Lawson

Kentucky Law Journal

No abstract provided.


The Future Of Kentucky's Punitive Damages Statute And Jural Rights Jurisprudence: A Call For Separation Of Powers, M. Scott Mcintyre Jan 2000

The Future Of Kentucky's Punitive Damages Statute And Jural Rights Jurisprudence: A Call For Separation Of Powers, M. Scott Mcintyre

Kentucky Law Journal

No abstract provided.


Interpretation Of The Kentucky Rules Of Evidence--What Happened To The Common Law?, Robert G. Lawson Jan 1999

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 Jan 1999

Choice Of Law In Kentucky, John R. Leathers

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 Jan 1999

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.


Strengthening Hate Crime Laws In Kentucky, Jennifer Jolly-Ryan Jan 1999

Strengthening Hate Crime Laws In Kentucky, Jennifer Jolly-Ryan

Kentucky Law Journal

No abstract provided.


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.