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Full-Text Articles in Law

#Advocacy: Social Media Activism's Power To Transform Law, Stacey B. Steinberg Jan 2016

#Advocacy: Social Media Activism's Power To Transform Law, Stacey B. Steinberg

Kentucky Law Journal

Attorneys influence the actions of legislators, courts, and community leaders by working alongside social movements. Together, these advocates seek to challenge the status quo by setting precedent that will ensure equality and justice for all individuals. While social movements often use social media to convey their message or to gather support for their cause, many attorneys are unfamiliar with leveraging this powerful new technology.

Social media platforms provide a low-cost, fast, and easy-to-use tool that effectively disseminates information and helps advocates garner support for their cause. However, some social change advocates, including lawyers and policymakers, are hesitant to get involved …


Aggregate Corruption, Michael D. Gilbert, Emily Reeder Jan 2016

Aggregate Corruption, Michael D. Gilbert, Emily Reeder

Kentucky Law Journal

No abstract provided.


Voting Realism, Gilda R. Daniels Jan 2016

Voting Realism, Gilda R. Daniels

Kentucky Law Journal

Since Shelby County v. Holder, the country has grown accustomed to life without the fl! strength of the Voting Rights Act. Efforts to restore Section 4 have been met with calls to ignore race conscious remedies and employ race neutral remedies for modem day voting rights violations. In this new normal, the country should adopt "voting realism" as the new approach to ensuring that law and reality work to address these new millennium methods of voter discrimination.


Human Development As A Core Objective Of Global Intellectual Property, J. Janewa Osei'tutu Jan 2016

Human Development As A Core Objective Of Global Intellectual Property, J. Janewa Osei'tutu

Kentucky Law Journal

Global intellectual property obligations shape domestic laws and policies. More than twenty years since the first multilateral trade-based intellectual property agreement, critics contend that global intellectual property law prioritizes intellectual property rights over other interests, and profits over people. Faced with international intellectual-property obligations, nations have been forced to justify laws and policies designed to promote human development in areas such as health and education as exceptions to intellectual property protection. This is the result of legal interpretations that treat the objectives of intellectual property protection and human development as inconsistent with one another. Drawing on the objectives of trade …


Update On Antitrust And The Legal Issues Surrounding Cloning In The Equine World, Lewis T. Stevens Jan 2016

Update On Antitrust And The Legal Issues Surrounding Cloning In The Equine World, Lewis T. Stevens

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.


Favoring Judicial Discretion Not Tantamount To Ushering In Unpredictability: An Exploration Of The Cercla Circuit Split And A Look At How The Ninth Circuit Sided Correctly Among The Divide, Lorran Hart Ferguson Jan 2016

Favoring Judicial Discretion Not Tantamount To Ushering In Unpredictability: An Exploration Of The Cercla Circuit Split And A Look At How The Ninth Circuit Sided Correctly Among The Divide, Lorran Hart Ferguson

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.


Bringing A Severance Tax On Natural Gas To Pennsylvania: Who, What, Why, When, And How?, Samuel M. Smith Jan 2016

Bringing A Severance Tax On Natural Gas To Pennsylvania: Who, What, Why, When, And How?, Samuel M. Smith

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.


Not Just Horsing Around: Providing A Free And Appropriate Public Education By Deeming Hippotherapy To Be The "Basic Floor Of Opportunity" For Children With Cerebral Palsy, Elizabeth A. Beal Jan 2016

Not Just Horsing Around: Providing A Free And Appropriate Public Education By Deeming Hippotherapy To Be The "Basic Floor Of Opportunity" For Children With Cerebral Palsy, Elizabeth A. Beal

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.


Digging Out Of The Hole: Arguments Against The Use Of Juvenile Solitary Confinement In Kentucky, Mary Ann Lee Jan 2016

Digging Out Of The Hole: Arguments Against The Use Of Juvenile Solitary Confinement In Kentucky, Mary Ann Lee

Kentucky Law Journal

No abstract provided.


The Proof Is On The Label? Protecting Kentucky Bourbon In The Global Era, James Bonar-Bridges Jan 2016

The Proof Is On The Label? Protecting Kentucky Bourbon In The Global Era, James Bonar-Bridges

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.


The Municipally Owned Gasoline Station In Somerset, Ky: The Economic And Legal Consequences, Ashley Stearns Hoover Jan 2016

The Municipally Owned Gasoline Station In Somerset, Ky: The Economic And Legal Consequences, Ashley Stearns Hoover

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.


The Nature Of Equality: Promoting Environmental Justice In Kentucky Via The Fair Housing Act, Nicole Zub Jan 2016

The Nature Of Equality: Promoting Environmental Justice In Kentucky Via The Fair Housing Act, Nicole Zub

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.


Trademarking Animal Abuse: Should The Tennessee Walking Horse Breeders' And Exhibitors' Association ("Twhbea") Lose The Twhbea Trademark Portfolio Under The Lanham Act For Failure To Comply With The Horse Protection Act?, Esther L. Roberts Jan 2016

Trademarking Animal Abuse: Should The Tennessee Walking Horse Breeders' And Exhibitors' Association ("Twhbea") Lose The Twhbea Trademark Portfolio Under The Lanham Act For Failure To Comply With The Horse Protection Act?, Esther L. Roberts

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.


"Handmade" Or "Made By Hand": Assessing Alcohol Labeling Practices And Evaluating A Popular Consumer Class Action, Hannah Simms Jan 2016

"Handmade" Or "Made By Hand": Assessing Alcohol Labeling Practices And Evaluating A Popular Consumer Class Action, Hannah Simms

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.


Community Supported Agriculture: How Do Maryland Operators Manage Legal Risks?, Paul Goeringer, Mayhah Suri Jan 2016

Community Supported Agriculture: How Do Maryland Operators Manage Legal Risks?, Paul Goeringer, Mayhah Suri

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.


Public Policy Arguments For Enacting Kentucky's Cannabis Freedom Act, Amanda Goff Connors Jan 2016

Public Policy Arguments For Enacting Kentucky's Cannabis Freedom Act, Amanda Goff Connors

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.


Why Did The Organic Chicken Cross The Road? To See The Proposed Livestock Welfare Rules In The National Organic Program, Kael Bowling Jan 2016

Why Did The Organic Chicken Cross The Road? To See The Proposed Livestock Welfare Rules In The National Organic Program, Kael Bowling

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.


Protecting Kentucky's Honey Bees: What's Killing The Buzz, Why It Matters, And What We Can Do To Help, Christine M. Ficker Jan 2016

Protecting Kentucky's Honey Bees: What's Killing The Buzz, Why It Matters, And What We Can Do To Help, Christine M. Ficker

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.


Deficiencies In The Agricultural Labor Market, Rafael Rodriguez Jan 2016

Deficiencies In The Agricultural Labor Market, Rafael Rodriguez

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.


Agriculture, Drainage Districts, And The Clean Water Act: Does What Happens In Des Moines Stay In Des Moines?, Harrison Pittman, Rusty Rumley Jan 2016

Agriculture, Drainage Districts, And The Clean Water Act: Does What Happens In Des Moines Stay In Des Moines?, Harrison Pittman, Rusty Rumley

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.


Reeling In The Redneck Yacht Club: A Recommendation For Bui Legislation And Enforcement Practices In Kentucky, Ross Bundschuh Jan 2016

Reeling In The Redneck Yacht Club: A Recommendation For Bui Legislation And Enforcement Practices In Kentucky, Ross Bundschuh

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.


The Dragon Looks North: The Arctic, China, And The Law Of The Sea Bring Prospects For New Opportunities And New Perils, Peter Rosene Jan 2016

The Dragon Looks North: The Arctic, China, And The Law Of The Sea Bring Prospects For New Opportunities And New Perils, Peter Rosene

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.


Pitts V. Barr-Tonko Bills: An In-Depth Comparison Of Proposed Anti-Doping Legislation In Horse Racing, Peter J. Sacopulos Jan 2016

Pitts V. Barr-Tonko Bills: An In-Depth Comparison Of Proposed Anti-Doping Legislation In Horse Racing, Peter J. Sacopulos

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.


Epa Not To Blame For Rfs Pitfalls: A Call To Congress To Restructure The Rfs Program, Garlan Joseph Vanhook Jan 2016

Epa Not To Blame For Rfs Pitfalls: A Call To Congress To Restructure The Rfs Program, Garlan Joseph Vanhook

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.


Insurance Coverage And Custom Farming, Chad G. Marzen Jan 2016

Insurance Coverage And Custom Farming, Chad G. Marzen

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.


An Unconventional Approach To Reviewing The Judicially Unreviewable: Applying The Dormant Commerce Clause To Copyright, Donald P. Harris Jan 2016

An Unconventional Approach To Reviewing The Judicially Unreviewable: Applying The Dormant Commerce Clause To Copyright, Donald P. Harris

Kentucky Law Journal

No abstract provided.


The Promises And Pitfalls Of State Eyewitness Identification Reforms, Nicholas A. Kahn-Fogel Jan 2016

The Promises And Pitfalls Of State Eyewitness Identification Reforms, Nicholas A. Kahn-Fogel

Kentucky Law Journal

This article provides a comprehensive analysis of state-based eyewitness identification reforms, including legislative directives, evidentiary rules, and judicial interpretations of state constitutions as providing greater protection against the use of unreliable eyewitness evidence than the United State Supreme Court offered in its 1977 decision in Manson v. Brathwaite. While previous scholarship has included thorough consideration of a single state's eyewitness law, state-by-state analysis of a sub-issue in eyewitness law, and brief general surveys of state approaches to eyewitness reform, this article adds to the current body of scholarship with an in-depth evaluation of eyewitness identification law in states that …


Governmental Acquiescence In Private Party Searches: The State Action Inquiry And Lessons From The Federal Circuits, Eugene L. Shapiro Jan 2016

Governmental Acquiescence In Private Party Searches: The State Action Inquiry And Lessons From The Federal Circuits, Eugene L. Shapiro

Kentucky Law Journal

In an area characterized by a significant potential for governmental abuse, judicial examination of whether governmental acquiescence in a specific private party search constitutes state action, consequently subject to Fourth Amendment constraints, has often lacked appropriate focus and depth. An examination of the standards used among the federal circuits reveals prevalent approaches which identify the circumstances bearing upon the matter, but which address them under "multi-factored" totality of the circumstances standards. The result has too often been a lack of specificity in discussing the issues and a failure to provide needed clarity for law enforcement.

This article examines the analyses …


The Sec's Regulation A+: Small Business Goes Under The Bus Again, Rutheford B. Campbell Jr. Jan 2016

The Sec's Regulation A+: Small Business Goes Under The Bus Again, Rutheford B. Campbell Jr.

Kentucky Law Journal

Title IV of the JOBS Act, which is entitled "Small Company Capital Formation," requires the Securities and Exchange Commission to adopt new rules regarding offerings under Regulation A. The Commission has now adopted its final regulations implementing Title IV and providing a new regulatory regime for exempt offerings under Section 3(b) of the Securities Act of 1933. The new regime is generally referred to as Regulation A+.

Unfortunately, history and empirical data regarding the use of Regulation A and Regulation D strongly suggest that the final Regulation A+ rules are unlikely to provide any material relief for small businesses in …


Family Formation And The Home, Pamela Laufer-Ukeles, Shelly Kreiczer-Levy Jan 2016

Family Formation And The Home, Pamela Laufer-Ukeles, Shelly Kreiczer-Levy

Kentucky Law Journal

In this article, we consider the relevance of home sharing in family formation. When couples or groups of persons are recognized as families, they are afforded significant benefits and given certain obligations by the law. Families have their own category of laws, rights, and obligations. Currently, the law of family formation and recognition is in a state of flux. Although in some respects the defining legal lines of the family have been well settled for centuries around blood and the formal legal ties of marriage and parenthood, in significant ways, the family form has been fundamentally altered over the past …