Law Commons^™

Federalizing Medicaid, Nicole Huberfeld

Law Faculty Scholarly Articles

This Article is one of only a small number of proposals over the past forty-six years for federalizing Medicaid. None of these proposals has grappled directly with the reasons that Medicaid does not satisfy federalism goals, and thus a key reason for modernizing Medicaid’s structure has been ignored. Despite being an area of “traditional state concern,” healthcare should no longer be left to the economic and political whims of the states, as Medicaid is not an effective Brandeisian “laboratory of the states.” Admittedly, some would oppose centralization on the ideological grounds that more federal government power is bad, and more …

Open Access: Good For Readers, Authors, And Journals, James M. Donovan, Carol A. Watson

James M. Donovan

Readers, authors, and even law journal publishers will all achieve their different but related interests by adopting open access principles. Readers of every kind will have more efficient access to the materials they need to pursue their intellectual and informational goals; authors will see their works read and cited by a broader audience; and law reviews and journals can raise their own profiles without injuring their revenue streams from fee-based sources. Open access works for everyone, and is the future of information creation and distribution.

Open Access: Good For Readers, Authors, And Journals, James M. Donovan, Carol A. Watson

Law Faculty Scholarly Articles

Readers, authors, and even law journal publishers will all achieve their different but related interests by adopting open access principles. Readers of every kind will have more efficient access to the materials they need to pursue their intellectual and informational goals; authors will see their works read and cited by a broader audience; and law reviews and journals can raise their own profiles without injuring their revenue streams from fee-based sources. Open access works for everyone, and is the future of information creation and distribution.

Checklists: Not Just For Pilots Anymore, Diane B. Kraft

Law Faculty Popular Media

In this column for Kentucky Bar Association's magazine (B&B - Bench & Bar), Professor Diane B. Kraft discusses how using checklists can improve an individual's legal writing skills.

Citation Advantage Of Open Access Legal Scholarship, James M. Donovan, Carol A. Watson

Law Faculty Scholarly Articles

In this study focusing on the impact of open access on legal scholarship, the authors examine open access articles from three journals at the University of Georgia School of Law and confirm that legal scholarship freely available via open access improves an article’s research impact. Open access legal scholarship—which today appears to account for almost half of the output of law faculties—can expect to receive fifty-eight percent more citations than non–open access writings of similar age from the same venue.

Why Law?, James Donovan

Law Faculty Popular Media

According to the 2011 Statistical Abstract, legal services in 2007 reported gross receipts of 267 billion dollars. Students view it as a wise investment to incur debts on average of $100K to go to law school for the chance to assume roles in the legal system.

If we assume people to be minimally rational, such investments are reasonable only if we believe law serves a valuable purpose, one that merits our money and, for many, our lives. Efforts to describe the details of that importance, however, can be exasperatingly vague.

An Overview Of The U.S. Retirement Income Security System And The Principles And Values It Reflects, Kathryn L. Moore

Law Faculty Scholarly Articles

This article is designed to provide an overview of the U.S. retirement income security system from a comparative law perspective. Like many countries, the U.S. has a three tier pension or retirement income system, with the three tiers consisting of (1) Social Security, (2) employment-based pensions, and (3) individual savings. Thus, superficially, the U.S. retirement income security system resembles that of many around the world. Yet, in other ways, such as its focus on individual rights and responsibility, the U.S. system is unique.

The article begins by discussing the nine guiding principles of the U.S. Social Security system as identified …

Reconciling Chevron, Mead, And The Review Of Agency Discretion: Source Of Law And The Standards Of Judicial Review, Michael P. Healy

Law Faculty Scholarly Articles

Although the Supreme Court's watershed decision in Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc. has been understood by many as defining the framework for judicial review of agency legal determinations, there have been longstanding questions about the application of the standards for reviewing administrative action. These questions have become more troublesome following the Supreme Court's 2001 decision in United States v. Mead Corp. Mead established that Chevron review only applies when defined requirements are met and held that so-called Skidmore deference applies when Chevron deference does not apply. Surveying the aftermath of Mead and its effect on the …

The Wreck Of Regulation D: The Unintended (And Bad) Outcomes For The Sec’S Crown Jewel Exemptions, Rutheford B. Campbell Jr.

Law Faculty Scholarly Articles

Regulation D is—or at least should be—the crown jewel of the Securities and Exchange Commission's regulatory exemptions from the registration requirements of the Securities Act of 1933. It offers businesses—especially businesses with relatively small capital requirements—fair and efficient access to vital, external capital.

In this article, I present data derived from deep samples of recent Form Ds filed with the Commission. The data show that Regulation D is not working in the way the Commission intended or in a way that benefits society The data reveal that companies attempting to raise relatively small amounts of capital under Regulation D overwhelmingly …

Risky Business: Liability Of Product Sellers Who Offer Safety Devices As Optional Equipment, Richard C. Ausness

Law Faculty Scholarly Articles

This Article examines the question of whether (or when) product sellers should be allowed to offer optional safety equipment without fear of being held strictly liable for selling a defectively designed product. Part II of this Article examines several approaches to risk-bearing. At one end of the spectrum, the principle of personal autonomy dictates that consumers should decide how much risk they wish to accept. On the other hand, products liability law assumes that if consumers are allowed to subject themselves to greater risk, producers will be quick to take advantage of their inability to make rational decisions about what …

The Sustainable Development Principle In United States Environmental Law, Michael P. Healy

Law Faculty Scholarly Articles

The American public perceives the principle of sustainable development and sustainability, the shorthand nomenclature, through green-tinted lenses. Whether the user of the term is academic, corporate, or governmental, the advocate of sustainability is understood as an advocate of protecting the environment. The international legal understanding of the principle of sustainable development, however, is more ambiguous than this popular American understanding.

Part II of this Article describes the important principle of sustainable development in modern international environmental law. It discusses how the sustainable development principle has evolved from its initial appearance in the 1987 Brundtland Commission Report through its central position …

The Perils Of Hyperbole, Diane B. Kraft

Law Faculty Popular Media

In this column for Kentucky Bar Association's magazine (B&B - Bench & Bar), Professor Diane B. Kraft makes suggestions about avoiding hyperbole in legal writing.

Wigfall V. Mobley Et Al.: Heirs Property Rights In Family And In Law, Brian Grabbatin, Jennie L. Stephens

disClosure: A Journal of Social Theory

No abstract provided.

The Federalization Of The Duty Of Loyalty Governing Charity Fiduciaries Under United States Tax Law, Johnny Rex Buckles

Kentucky Law Journal

No abstract provided.

Drawing The Line At Pushing "Play": Barring Video Montages As Victim Impact Evidence At Capital Sentencing Trials, Alicia N. Harden

Kentucky Law Journal

No abstract provided.

The Fading Bright Line Of Physical Presence: Did Kfc Corporation V. Iowa Department Of Revenue Give States The Secret Recipe For Repudiating Quill?, Adam B. Thimmesch

Kentucky Law Journal

No abstract provided.

Institutionalized Horse Abuse: The Soring Of Tennessee Walking Horses, Keith Dane

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Legal And Policy Issues Related To Anaerobic Digestion At United States Livestock Facilities, Jennifer C. Fiser

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Cheap Meat: How Factory Farming Is Harming Our Health, The Environment, And The Economy, R. Jason Richards, Erica L. Richards

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Down The Stretch: Reining In State Approaches Toward A Universal Medication Rule For Racehorses, Laurel Benson

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Seeds Of Compromise: A Proposal And Justification For The Partial Deregulation Of Genetically Modified Alfalfa And Sugar Beets, Whitney J. Waters

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Institutional Repositories: A Plethora Of Possibilities, Carol A. Watson, James M. Donovan

James M. Donovan

The law library can be a major contributing partner to the success of its law school by establishing a digital repository to preserve and promote the institution's intellectual memory. Today's law school repositories have matured to include many more types of materials than simply faculty law review and journal articles. Librarians are ideally poised to capture, organize and preserve their institution's history in this new and powerful showcase.

Why Law?, James M. Donovan

James M. Donovan

Fairness, then, not order, is the special domain of law. The accompaniments of law we expect in our society flow less from law itself, and more from our changing understanding of what is fair. As our understanding of fairness changes, we expect the law to change as well. Because fairness criteria have been shown empirically to vary from society to society, we can expect legal diversity to remain an enduring feature of the jurisprudential landscape. But now we know why.

Citation Advantage Of Open Access Legal Scholarship, James M. Donovan, Carol A. Watson

James M. Donovan

In this study focusing on the impact of open access on legal scholarship, the authors examine open access articles from three journals at the University of Georgia School of Law and confirm that legal scholarship freely available via open access improves an article’s research impact. Open access legal scholarship—which today appears to account for almost half of the output of law faculties—can expect to receive fifty-eight percent more citations than non–open access writings of similar age from the same venue.

The Evolution Of Constitutional Environmental Law In Kenya, J. Bradley Larkin

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

The Constitutional Imperative Of Equitably Distributing The Proceeds Of Mineral Resource Extraction From China's Ethnic Minority Autonomous Areas, Lin Feng, Jason Buhi

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Finding Access To The Federal Courts: How The Inconsistent Application Of Federal Jurisdiction In Cases With Significant Foreign Relations Implications Affects Mining And Agriculture Industries, Rebecca C. Griffin

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Conditioning Democratization: Eu Membership Conditionality And Domestic Politics In Balkan Institutional Reforms, Ridvan Peshkopia

University of Kentucky Doctoral Dissertations

The uneven effects of EU membership conditionality on Eastern European reforms continue to puzzle the research community. Sometimes, the research focus has been too large, considering EU membership conditionality as a policy implemented uniformly across policy areas. Other efforts take a too narrow approach by trying to explain the effects of EU membership conditionality in single sectors. I suggest studying this phenomenon through a set of mid-level theories in a cross-country, cross-sectorial approach. I argue that both the intensity of EU membership conditionality and reform outcomes are contingent upon the policy sector context; hence, we should take a sectorial contextual …

The Food Safety Modernization Act: Keeping Dinner Safe And Farmers In The Fields, Sarah K. Baker

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Did The U.S. Supreme Court Recognize An Elusive Or Illusive Judicial Taking In Stop The Beach Renourishment?, Derek Leslie

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.