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Articles 1 - 21 of 21
Full-Text Articles in Law
Perjury: An Anthology, Richard H. Underwood
Perjury: An Anthology, Richard H. Underwood
Law Faculty Scholarly Articles
Professor Underwood takes an in-depth look at the occurrence of perjury from ancient Rome to the O.J. Simpson trial. This journey through time provides insight into the motives of perjurers, the difficulties involved in catching them; and the alarming frequency with which they succeed, unchastised.
The Gallows To The Gurney: Analyzing The (Un)Constitutionality Of The Methods Of Execution, Roberta M. Harding
The Gallows To The Gurney: Analyzing The (Un)Constitutionality Of The Methods Of Execution, Roberta M. Harding
Law Faculty Scholarly Articles
The objective of this article is to examine this issue by formulating an analytical framework for determining when methods of execution constitute cruel and unusual punishment. This task is accomplished Part II by briefly tracing the historical evolution of the Eighth Amendment's Cruel and Unusual Punishments Clause. Part III examines the prohibition's core components. Part IV reviews the traditional and modem interpretations of cruel and unusual punishment as applied to the methods of capital punishment, and assesses the standard with which to determine whether a specific method of execution comports with the present interpretation of cruel and unusual punishment as …
The Proposed Corporate Sponsorship Regulations: Is The Treasury Department "Sleeping With The Enemy"?, David A. Brennen
The Proposed Corporate Sponsorship Regulations: Is The Treasury Department "Sleeping With The Enemy"?, David A. Brennen
Law Faculty Scholarly Articles
In 1993, the Treasury Department (the Treasury) issued a proposed regulation outlining when money received by a charity from a corporate sponsor would be subject to federal income tax. In defining the phrase "trade or business," the proposed regulation addresses the extent to which sponsorship payments to charities will be treated by the Treasury as having been made in return for advertising on behalf of the sponsor, thus subjecting the payment to income tax. In the proposed regulation, the Treasury concludes that a charity's use of a corporate sponsor's name in the title of a charitable event is a mere …
Book Review Of Joel A. Mintz, Enforcement At The Epa: High Stakes And Hard Choices (1995), Michael P. Healy
Book Review Of Joel A. Mintz, Enforcement At The Epa: High Stakes And Hard Choices (1995), Michael P. Healy
Law Faculty Scholarly Articles
In this book review, Michael P. Healy discusses Enforcement at the EPA: High Stakes and Hard Choices by Joel A. Mintz.
Restoring Free Exercise Protections By Limiting Them: Preventing A Repeat Of Smith, James M. Donovan
Restoring Free Exercise Protections By Limiting Them: Preventing A Repeat Of Smith, James M. Donovan
Law Faculty Scholarly Articles
Employment Division, Department of Human Resources of Oregon v. Smith effectively removed all protections traditionally accorded the free exercise of religion. RFRA was designed to undo the effects of this decision by presumably setting back the clock of jurisprudence to the day before Smith. Even if RFRA is found to be constitutional, it will still, of itself, be ultimately ineffective since it undoes the effects of Smith without addressing the confluence of issues which made a decision like Smith likely. The clock may be set back, but without significant changes it can be expected to run forward again in much …
Cooperative Implementation Of Federal Regulations, Douglas C. Michael
Cooperative Implementation Of Federal Regulations, Douglas C. Michael
Law Faculty Scholarly Articles
Professor Michael examines regulatory programs in which the federal government leaves many compliance decisions up to the regulated entities themselves. Drawing on prior research and theory in the area, he concludes that such "cooperative implementation" is feasible if three principles are observed: (1) regulatory standards are written to leave discretion in methods of compliance and that discretion is within the competence of the regulated entities; (2) there are economic incentives to offset the additional costs to these entities; and (3) the entities self-report their own compliance, the agency closely monitors the program, and the agency maintains a residual program of …
Celluloid Death: Cinematic Depictions Of Capital Punishment, Roberta M. Harding
Celluloid Death: Cinematic Depictions Of Capital Punishment, Roberta M. Harding
Law Faculty Scholarly Articles
This essay will examine how two filmmakers used the cinema to investigate death penalty issues through the films Dead Man Walking and Last Light. These films were selected because of their similarities: capital punishment is the central theme of both films; the presence of a strong principal character who is the condemned inmate; the utilization of a character who undergoes a spiritual transformation due to interaction with the condemned inmate; the decision to have this character facilitate the humanization of the condemned individual; and the additional role this character plays as the audiences' conscience. There are, however, differences in the …
At Loggerheads: The Supreme Court And Racial Equality In Public School Education After Missouri V. Jenkins, Roberta M. Harding
At Loggerheads: The Supreme Court And Racial Equality In Public School Education After Missouri V. Jenkins, Roberta M. Harding
Law Faculty Scholarly Articles
June 12th of 1995 marked a somber occasion in the annals of school desegregation litigation. On that day, the United States Supreme Court sent disturbing messages in its opinion in Missouri v. Jenkins. The Court's decision hinders achievement of the objective of school desegregation litigation—providing equal educational opportunities for African-American public school children—and detrimentally impacts other substantive areas of civil rights litigation. This article examines what I believe are several important general consequences of Jenkins's the impairment of a trial judge's discretionary equitable remedial powers; the Court's establishment of a new agenda that sacrifices the interests of African-American …
Consumer Bankruptcy Practice In Kentucky: Chapter 7 Practice, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, Scott A. Bachert, Michael L. Baker, C.R. Chip Bowles Jr, Thomas L. Canary Jr, Sandra D. Freeburger, Hal D. Friedman, Joseph J. Golden, James D. Lyon, Andrea Fried Neichter, Cathy S. Pike, Jan M. West, Tracey N. Wise
Consumer Bankruptcy Practice In Kentucky: Chapter 7 Practice, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, Scott A. Bachert, Michael L. Baker, C.R. Chip Bowles Jr, Thomas L. Canary Jr, Sandra D. Freeburger, Hal D. Friedman, Joseph J. Golden, James D. Lyon, Andrea Fried Neichter, Cathy S. Pike, Jan M. West, Tracey N. Wise
Continuing Legal Education Materials
A handbook for Kentucky practitioners covering Chapter 7 debtors, automatic stay and abandonment, dealing with secured creditors, discharging debts, bankrupt estates, and bankruptcy ethics.
Introduction, The Sesquicentennial Of The 1848 Seneca Falls Women's Rights Convention: American Women's Unfinished Quest For Legal, Economic, Political, And Social Equality, Carolyn S. Bratt
Law Faculty Scholarly Articles
On July 19, 1998, America celebrated the 150th anniversary of the Seneca Falls Convention. Almost three hundred women and men including Lucretia Mott, Elizabeth Cady Stanton, and Frederick Douglass met on that July date in 1848 at Seneca Falls, New York, for a two-day discussion of the "social, civil and religious rights of woman." At the conclusion of the meeting, sixty-eight women and thirty-two men signed their names to a Declaration of Sentiments and this country's organized women's rights movement began. The Declaration of Sentiments was the earliest, systematic, public articulation in the United States of the ideas that fuel …
Corporate Fiduciary Principles For The Post-Contractarian Era, Rutheford B. Campbell Jr.
Corporate Fiduciary Principles For The Post-Contractarian Era, Rutheford B. Campbell Jr.
Law Faculty Scholarly Articles
The impact of the law and economics movement on legal scholarship, legal analysis, and, ultimately, on the rules under which our society operates is substantial. The proponents of this movement ("Contractarians") articulate their positions skillfully and apply their principles broadly across the entire spectrum of our laws, including, of course, the area of corporate law.
The purpose of this Article is to propose, explain, and defend broad and unifying principles to guide the development of fiduciary duties of corporate managers in the post-Contractarian period. These principles are based on Pareto criteria, which are demonstrably appealing to society and provide workable …
The Effectiveness And Fairness Of Superfund's Judicial Review Preclusion Provision, Michael P. Healy
The Effectiveness And Fairness Of Superfund's Judicial Review Preclusion Provision, Michael P. Healy
Law Faculty Scholarly Articles
This article examines the effectiveness and fairness of section 113(h) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund). That broadly-worded provision forecloses judicial review of Superfund cleanups prior to enforcement or cleanup completion by requiring that any review action fall within several narrowly-defined exceptions.
After providing an overview of the statute, its enforcement mechanisms, and a context for considering section 113(h), the article summarizes how courts have applied CERCLA's timing of review provision, focusing principally on recent interpretations of the provision. Finally, the article evaluates the effectiveness and fairness of CERCLA review preclusion and concludes by …
The Case For A "Strong" Regulatory Compliance Defense, Richard C. Ausness
The Case For A "Strong" Regulatory Compliance Defense, Richard C. Ausness
Law Faculty Scholarly Articles
Federal administrative agencies have established safety standards or licensing procedures for airplanes, motor vehicles, pesticides, drugs, medical devices, and a variety of other products. At the same time, product sellers are subject to tort liability even though their products comply with applicable federal safety standards. Product sellers maintain that compliance with federal safety standards ought to protect them from liability under state tort law and have relied upon several legal principles to support this claim. The first, and most successful, theory is federal preemption. Under this concept, Congress may expressly or impliedly assert the primacy of federal law under the …
The Attraction And Limits Of Textualism: The Supreme Court Decision In Pud No. 1 Of Jefferson County V. Washington Dep't Of Ecology, Michael P. Healy
The Attraction And Limits Of Textualism: The Supreme Court Decision In Pud No. 1 Of Jefferson County V. Washington Dep't Of Ecology, Michael P. Healy
Law Faculty Scholarly Articles
During its 1993 Term, the Supreme Court had the opportunity to consider the interaction between two federal statutory schemes: the Federal Power Act (FPA), which provides that the Federal Energy Regulatory Commission (FERC) has the authority to regulate and license hydropower projects, and the Clean Water Act (CWA), which provides that states have the authority to adopt water quality standards and that federal law will impose and enforce those standards in regulating emissions into, and the quality of, waters of the United States. The tension created by these two statutes lies not only between federal agencies, but more importantly, between …
“Some Kind Of Lawyer”: Two Journeys From Classroom To Courtroom And Beyond, Terry Birdwhistell
“Some Kind Of Lawyer”: Two Journeys From Classroom To Courtroom And Beyond, Terry Birdwhistell
Law Faculty Scholarly Articles
In January 1996 a panel of the American Bar Association released a report concluding that "discrimination continues to permeate the structures, practices and attitudes of the legal profession." It has been a long journey in women's efforts to obtain equity in both law schools and in the legal profession generally. This article is composed of two interviews with University of Kentucky College of Law graduates: Norma Boster Adams (’52) and Annette McGee Cunningham (’80). Twenty-eight years separated Norma Adams and Annette Cunningham at the College of Law. They faced different obstacles and chose varied paths to success. While each can …
The Supreme Court And Our Culture Of Irresponsibility, Mary J. Davis
The Supreme Court And Our Culture Of Irresponsibility, Mary J. Davis
Law Faculty Scholarly Articles
This article chronicles the Supreme Court's expansion of the “culture of irresponsibility,” where institutional defendants are freed from tort liability with no check on the abuse of such immunity. Professor Davis describes the Court's progression toward immunity in products liability decisions of the past decade including East River Steamship, Boyle, Cipollone, and Lohr. Noting the effect of the Court's decisions in promoting institutional irresponsibility, Professor Davis encourages the Court to use its “cultural influence” and reconsider its broad extension of immunity which has spread to situations and institutional defendants the Court never imagined.
A Positive Analysis Of The Common Law Of Corporate Fiduciary Duties, Rutheford B. Campbell Jr.
A Positive Analysis Of The Common Law Of Corporate Fiduciary Duties, Rutheford B. Campbell Jr.
Law Faculty Scholarly Articles
The purpose of this Article is to offer a positive analysis of the common law of corporate managers' fiduciary duties. The Article attempts to explain the present shape of these corporate fiduciary duties by reference to Pareto criteria.
A particular state of affairs ("state B") is considered to be Pareto superior to another state of affairs ("state A") if at least one person in state B is better off than he or she is in state A and no one in state B is worse off than he or she is in state A. Since in a move from state …
Learned Intermediaries And Sophisticated Users: Encouraging The Use Of Intermediaries To Transmit Product Safety Information, Richard C. Ausness
Learned Intermediaries And Sophisticated Users: Encouraging The Use Of Intermediaries To Transmit Product Safety Information, Richard C. Ausness
Law Faculty Scholarly Articles
The general rule, under both negligence principles and strict products liability, is that a producer or supplier is required to warn users or consumers of its products. In most cases, this duty can be satisfied by placing a warning label on the product itself or by providing safety information in an owner's manual or in other literature attached to or enclosed with the product. However, there are some situations where it is difficult or impracticable to provide a direct warning to the ultimate user or consumer. In such cases, producers and suppliers should be able to satisfy their duty to …
Reflections On The Limitations Of Rational Discourse, Empirical Data, And Legal Mandates As Tools For The Achievement Of Gender Equity In American Higher Education, Susan J. Scollay, Carolyn S. Bratt
Reflections On The Limitations Of Rational Discourse, Empirical Data, And Legal Mandates As Tools For The Achievement Of Gender Equity In American Higher Education, Susan J. Scollay, Carolyn S. Bratt
Law Faculty Scholarly Articles
Scholars and academicians implicitly accept and subscribe to the notion that reasoned discourse supported by empirical data is at the core of the academic enterprise. Theoretically, then, organizational change within the academy ought to be attainable through the use of rational processes based upon the systematic collection, analysis, and interpretation of data to define the scope of the problem and to identify logical solutions. However, the centuries-long attempt to achieve gender equity for women in institutions of higher education belies the truth of that belief in the power of reason as a catalyst for reforming American higher education.
Beginning with …
A False Public Sentiment: Narrative And Visual Images Of Women Lawyers In Film, Louise Everett Graham, Geraldine Maschio
A False Public Sentiment: Narrative And Visual Images Of Women Lawyers In Film, Louise Everett Graham, Geraldine Maschio
Law Faculty Scholarly Articles
The Seneca Falls Declaration of Sentiments claimed for women not only equality of rights under the law, but a cultural status that was not the product of compliance. It sought to enfranchise women across the entire panoply of social activity, and to afford them representation in a number of areas. Whether women have achieved the stature aspired to by the Declaration of Sentiments can be approached in a variety of ways. We have chosen to do so by exploring cinematic images of women lawyers.
Popular film serves as a cultural text. When we look at a group of films on …
State And Local Taxation Of Interstate And Foreign Commerce: The Second Best Solution, Kathryn L. Moore
State And Local Taxation Of Interstate And Foreign Commerce: The Second Best Solution, Kathryn L. Moore
Law Faculty Scholarly Articles
Our current system of state and local taxation of interstate and foreign commerce, simply put, is a mess. First, the mere number of jurisdictions that may impose taxes is seemingly limitless: each of the fifty states, plus the District of Columbia, may impose its own set of taxes. In addition, each state may authorize local government units within the state, such as counties, municipalities, townships, and special districts, to assess and collect taxes. For example, in 1994, well over 6,000 separate jurisdictions were authorized to impose sales taxes.
Second, the states may impose a wide variety of taxes and may …