Law Commons^™

Oral Argument In Meyer V. Holley (No. 01-1120), Robert G. Schwemm, Douglas G. Benedon, Malcolm L. Stewart

Law Faculty Advocacy

The matter of Meyer v. Holley, 537 U.S. 280 (2003) was argued before the United States Supreme Court on Tuesday, December 3, 2002. Professor Robert G. Schwemm argued on behalf of the Respondents. This document is a transcript of the oral argument.

“Private” Crime In Public Housing: Violent Victimization, Fear Of Crime And Social Isolation Among Women Public Housing Residents, Claire M. Renzetti, Shana L. Maier

CRVAW Faculty Journal Articles

Although public housing is typically associated with high crime rates, little research has been done on fear of crime or violent victimization experiences among public housing residents. Moreover, there are few studies that look specifically at women’s fear of crime or violent victimization experiences in public housing, despite the fact that women constitute the majority of public housing residents. These issues were examined in the present study through interviews with female public housing residents in Camden, New Jersey (NJ). The interviews reveal high rates of violent victimization, especially at the hands of intimates and acquaintances. Fear of crime is also …

4th Annual Computer & Technology Law Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law

Continuing Legal Education Materials

Materials from the 4th Annual Computer & Technology Law Institute held by UK/CLE in November 2002.

Choice Programs And Market-Based Separationism, Paul E. Salamanca

Law Faculty Scholarly Articles

The Supreme Court's recent decision in Zelman v. Simmons-Harris appears to clear the way for a wide variety of educational and charitable choice plans. In this decision, the Court upheld against Establishment Cause Challenge a formally neutral school choice program that encompassed a wide variety of options in the public and private sector, including private sectarian schools. The Court reasoned that, when the government makes aid available to a broad class of recipients without regard to their religious or non-religious affiliation, and when the recipients have a genuine choice as to whether to obtain that aid from a religious or …

Rock-Salting The Slippery Slope: Why Same-Sex Marriage Is Not A Commitment To Polygamous Marriage, James M. Donovan

James M. Donovan

E.J. Graff has documented how any change in the marriage rules inevitably leads to predications of apocalyptic cries warning of "death of marriage and civilization itself." The conservative fit over the possibility of the social acceptance of same-sex marriage therefore has an ancient if repetitive script. Still, the "threat" of same-sex marriage poses for conservatives at least one atypical wrinkle. Unlike discussions of equal or even greater rancor, that raging over same-sex marriage forces its opponents to treat with special delicacy. In the case of abortion, opponents are able to argue in absolute terms: abortion is wrong, period, even if …

Rock-Salting The Slippery Slope: Why Same-Sex Marriage Is Not A Commitment To Polygamous Marriage, James M. Donovan

Law Faculty Scholarly Articles

E.J. Graff has documented how any change in the marriage rules inevitably leads to predications of apocalyptic cries warning of "death of marriage and civilization itself." The conservative fit over the possibility of the social acceptance of same-sex marriage therefore has an ancient if repetitive script. Still, the "threat" of same-sex marriage poses for conservatives at least one atypical wrinkle. Unlike discussions of equal or even greater rancor, that raging over same-sex marriage forces its opponents to treat with special delicacy. In the case of abortion, opponents are able to argue in absolute terms: abortion is wrong, period, even if …

29th Annual Midwest/Midsouth Estate Planning Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law

Continuing Legal Education Materials

Materials from the 29th Annual Midwest/Midsouth Estate Planning Institute held by UK/CLE in July 2002.

The Essential Toolbox For The Estate & Trust Lawyer, Office Of Continuing Legal Education At The University Of Kentucky College Of Law

Continuing Legal Education Materials

Materials from the conference on the Essential Toolbox for the Estate & Trust Lawyer held by UK/CLE in July 2002.

Tort Liability For The Sale Of Non-Defective Products: An Analysis And Critique Of The Concept Of Negligent Marketing, Richard C. Ausness

Law Faculty Scholarly Articles

This Article will evaluate the concept of negligent marketing to see whether it ought to become a part of our legal jurisprudence or whether it should be discarded as doctrinally unsound, possibly harmful to important social and economic interests.

Part II of this Article provides an overview of the negligent marketing theory. Negligent marketing can be divided into three categories: (1) product designs that make the product more attractive to criminals; (2) advertising and promotional activities that target inappropriate users; and (3) product distribution practices that facilitate retail sales of dangerous products to vulnerable or unsuitable users. The first category …

Gallery Of The Doomed: An Exploration Of Creative Endeavors By The Condemned, Roberta M. Harding

Law Faculty Scholarly Articles

This Article examines creative expressions produced by the death row faction of the incarcerated population. Looking at these works provide insights about what it means to live as a condemned person in our society, and about the people who occupy the death rows across our nation. After reviewing and analyzing a substantial amount of the enormous body of work of this genre, it became apparent that the condemned's creative endeavors reflect how they address and handle serious issues such as their executions and the ways spirituality influences their life. When the individual issues are examined, two general themes are evident: …

Unmasking The Presumption In Favor Of Preemption, Mary J. Davis

Law Faculty Scholarly Articles

It is inescapable: there is a presumption in favor of preemption. Historically, the Supreme Court has said differently-that, rather, there is a presumption against preemption. There is no such presumption any longer, if, indeed, there ever really was one. Preemption doctrine has been exceedingly puzzling in the last decade, but when one recognizes that the Court's doctrine not only favors preemption, but presumes it, preemption doctrine is not a puzzle at all.

This Article argues that the Supreme Court's recent preemption decisions compel the conclusion that the Court's preemption analysis has, in effect, created a presumption in favor of preemption, …

8th Biennial Employment Law Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law

Continuing Legal Education Materials

Materials from the 8th Biennial Employment Law Institute held by UK/CLE in June 2002.

18th Annual Environmental Law Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law

Continuing Legal Education Materials

Materials from the 18th Annual Environmental Law Institute held by UK/CLE in May 2002.

22nd Annual Conference On Legal Issues For Financial Institutions, Office Of Continuing Legal Education At The University Of Kentucky College Of Law

Continuing Legal Education Materials

Materials from the 22nd Annual Conference on Legal Issues for Financial Institutions held by UK/CLE in April of 2002.

Spurious Interpretation Redux: Mead And The Shrinking Domain Of Statutory Ambiguity, Michael P. Healy

Law Faculty Scholarly Articles

In skewering the Supreme Court's recent decision in United States v. Mead Corp., Justice Scalia's rhetoric is exceptional. He derides the decision as "one of the most significant opinions ever rendered by the Court dealing with the judicial review of administrative action. Its consequences will be enormous, and almost uniformly bad." Although Justice Scalia objects to Mead's new and uncertain limits on the applicability of the Chevron doctrine, this Article will focus instead on how Mead employs a method of interpretation imputing a clear intent to Congress, and authorizes courts to discern statutory meaning without strong deference to …

State Of The Women Judiciary In The Commonwealth, Carol E. Jordan, Sheila Isaac

Office for Policy Studies on Violence Against Women Publications

No abstract provided.

Health Care Information Privacy: Workshop On Hipaa, Office Of Continuing Legal Education At The University Of Kentucky College Of Law

Continuing Legal Education Materials

Materials from the Health Care Information Privacy: Workshop on HIPAA held by UK/CLE in March 2002.

Scientific, Technical, And Forensic Evidence, Office Of Continuing Legal Education At The University Of Kentucky College Of Law

Continuing Legal Education Materials

Materials from the conference on Scientific, Technical, and Forensic Evidence held by UK/CLE in February 2002.

11th Biennial Midwest/Midsouth Securities Law Conference, Office Of Continuing Legal Education At The University Of Kentucky College Of Law

Continuing Legal Education Materials

Materials from the UK/CLE 11th Biennial Midwest/Midsouth Securities Law Conference held in February 2002.

Dangerous Patients: An Exception To The Federal Psychotherapist-Patient Privilege, Huston Combs

Kentucky Law Journal

No abstract provided.

The Diversity And Remedial Interests In University Admissions Programs, Kathryne Raines

Kentucky Law Journal

No abstract provided.

School Vaccination Requirements: Historical, Social, And Legal Perspectives, James G. Hodge Jr., Lawrence O. Gostin

Kentucky Law Journal

No abstract provided.

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

Kentucky Law Journal

No abstract provided.

An Arm's Length Struggle: To Include Or Not To Include Stock Options In Cost Sharing Arrangements And Non-Integral Service Agreements, Kenneth Blackburn

Kentucky Law Journal

No abstract provided.

The Constitutionality Of Detainment In The Wake Of September 1 Lth, Whitney D. Frazier

Kentucky Law Journal

No abstract provided.

Tearing Down The Wall Between Banking And Commerce: An Evaluation Of The Federal Reserve Board's Implementation Of The New Standard For Permissible Non-Banking Activities, Shawn A. Bailey

Kentucky Law Journal

No abstract provided.

The Naked Clone, John Charles Kunich

Kentucky Law Journal

No abstract provided.

Redefining The Second Amendment: The Antebellum Right To Keep And Bear Arms And Its Present Legacy, Haydn J. Richards Jr.

Kentucky Law Journal

No abstract provided.

Re-Readings And Misreadings: Slaughter-House, Privileges Or Immunities, And Section Five Enforcement Powers, James W. Fox Jr.

Kentucky Law Journal

No abstract provided.

A Reminder: The Constitutional Values Of Sympathy And Independence, Robert G. Natelson

Kentucky Law Journal

No abstract provided.