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Articles 1 - 30 of 60
Full-Text Articles in Law
Markets Overt, Voidable Titles, And Feckless Agents: Judges And Efficiency In The Antebellum Doctrine Of Good Faith Purchase, Harold R. Weinberg
Markets Overt, Voidable Titles, And Feckless Agents: Judges And Efficiency In The Antebellum Doctrine Of Good Faith Purchase, Harold R. Weinberg
Law Faculty Scholarly Articles
In considering American common law doctrines shaped during the nineteenth century, commentators have advanced differing theories on the primary judicial criteria employed by judges. Recent studies have argued that these doctrines reflect a criterion of economic efficiency. This work has been criticized for its failure to explain why there seems to be a correlation between efficiency and these decision rules or why judges might have preferred efficiency over other decisional criteria. Other studies have proposed that many judicial doctrines announced before the Civil War were intended to facilitate or ratify major shifts in the distribution of social wealth. This article …
Myron F. Gleberman V. Commonwealth Of Kentucky, Supplemental Brief 1980-Sc-0466
Myron F. Gleberman V. Commonwealth Of Kentucky, Supplemental Brief 1980-Sc-0466
1980-1989
No abstract provided.
Congressional Discretion Under The Property Clause, Eugene R. Gaetke
Congressional Discretion Under The Property Clause, Eugene R. Gaetke
Law Faculty Scholarly Articles
The property clause of article IV grants Congress the authority to regulate federal lands. In referring to that authority, the Supreme Court has observed that “the power over the public land thus entrusted to Congress is without limitations.”
The simplicity of the Court's statement is appealing. Its implications, however, are troubling, especially for those states in which a substantial amount of federal property exists. If the property clause power of Congress is "without limitations," the power of some states over a considerable portion of the land within their boundaries is severely limited. For those states, an unlimited property clause power …
Mark Douglas Cain V. Commonwealth Of Kentucky, Reply Brief 1980-Sc-0474
Mark Douglas Cain V. Commonwealth Of Kentucky, Reply Brief 1980-Sc-0474
1980-1989
No abstract provided.
Mark Douglas Cain V. Commonwealth Of Kentucky, Appellee's Brief 1980-Sc-0474
Mark Douglas Cain V. Commonwealth Of Kentucky, Appellee's Brief 1980-Sc-0474
1980-1989
No abstract provided.
Myron F. Gleberman V. Commonwealth Of Kentucky, Supplemental Brief 1980-Sc-0466
Myron F. Gleberman V. Commonwealth Of Kentucky, Supplemental Brief 1980-Sc-0466
1980-1989
No abstract provided.
Edgar Gilbert Miller V. Commonwealth Of Kentucky, Appellant's Brief 1980-Sc-0474
Edgar Gilbert Miller V. Commonwealth Of Kentucky, Appellant's Brief 1980-Sc-0474
1980-1989
No abstract provided.
Compensatory Damages In Federal Fair Housing Cases, Robert G. Schwemm
Compensatory Damages In Federal Fair Housing Cases, Robert G. Schwemm
Law Faculty Scholarly Articles
The federal fair housing laws became effective in 1968. Since then, courts have often awarded damages to victims of housing discrimination, but their decisions have provided little guidance for assessing the amount of such awards. There is a great range of awards, with some courts awarding only nominal damages of $1 and others setting awards of over $20,000. Compounding the problem is the difficulty of measuring the principal element of damages claimed by most plaintiffs in fair housing cases, noneconomic emotional harm or other forms of intangible injury.
Rarely is the basis for the amount of the court's award satisfactorily …
Applying The International Law Of Sovereign Immunity To The States Of The Union, John M. Rogers
Applying The International Law Of Sovereign Immunity To The States Of The Union, John M. Rogers
Law Faculty Scholarly Articles
A state of the Union may preserve its immunity from suit in its own courts, and the Constitution restricts its amenability to suit in the federal courts. Yet in Nevada v. Hall the Supreme Court held that in a motor-vehicle accident case a state cannot claim a constitutional immunity from suit in the courts of a sister state. The Court indicated, however, that if a suit involved a defendant state's “capacity to fulfill its own sovereign responsibilities,” different constitutional considerations might control. In vigorous dissents Justices Blackmun and Rehnquist argued that the reasoning of the majority precluded even this possibility. …
Kenneth Ford V. Commonwealth Of Kentucky, Reply Brief 1980-Sc-0507
Kenneth Ford V. Commonwealth Of Kentucky, Reply Brief 1980-Sc-0507
1980-1989
No abstract provided.
Henry Lee Hall V. Commonwealth Of Kentucky, Reply Brief (P) 1980-Sc-0360
Henry Lee Hall V. Commonwealth Of Kentucky, Reply Brief (P) 1980-Sc-0360
1980-1989
No abstract provided.
Henry Lee Hall V. Commonwealth Of Kentucky, Petition For Rehearing 1980-Sc-0360
Henry Lee Hall V. Commonwealth Of Kentucky, Petition For Rehearing 1980-Sc-0360
1980-1989
No abstract provided.
Continental Casualty Company V. Cora Smith, Appellee's Brief 1980-Sc-0460
Continental Casualty Company V. Cora Smith, Appellee's Brief 1980-Sc-0460
1980-1989
No abstract provided.
Kenneth Ford V. Commonwealth Of Kentucky, Appellee's Brief 1980-Sc-0507
Kenneth Ford V. Commonwealth Of Kentucky, Appellee's Brief 1980-Sc-0507
1980-1989
No abstract provided.
Central Bank And Trust Company, A Kentucky Corporation, As Executor Of The Estate Of Garvice D. Kincaid, Deceased; W. E. Burnett, Jr. E. F. Schaeffer, Jr., And H. Hart Hagan, Jr., As The Membership Composing The Unincorporated Advisory Committee Under The Will Of Garvice D. Kincaid, Deceased; General Management Associates, Inc., A Kentucky Corporation; Lexington Finance Company, A Kentucky Corporation; And H. Hart Hagan, Jr. Individually And As President Of General Management Associates, Inc. V. Joan D. Kincaid, Supplemental Brief 1980-Sc-0353
1980-1989
No abstract provided.
Psychological Factors That Predict Reaction To Abortion, D. T. Moseley, Diane R. Follingstad, H. Harley, Robert V. Heckel
Psychological Factors That Predict Reaction To Abortion, D. T. Moseley, Diane R. Follingstad, H. Harley, Robert V. Heckel
CRVAW Faculty Journal Articles
Investigated demographic and psychological factors related to positive or negative reactions to legal abortions performed during the first trimester of pregnancy in 62 females in an urban southern community. Results suggest that the social context and the degree of support from a series of significant persons rather than demographic variables were most predictive of a positive reaction.
Stanley Green V. Commonwealth Of Kentucky, Reply Brief 1980-Sc-0492
Stanley Green V. Commonwealth Of Kentucky, Reply Brief 1980-Sc-0492
1980-1989
No abstract provided.
Geneva Mae Perkins, Now Dyer V. Charles Elbert Read, And Charles Emery Read, Amicus Brief 1980-Sc-0368
Geneva Mae Perkins, Now Dyer V. Charles Elbert Read, And Charles Emery Read, Amicus Brief 1980-Sc-0368
1980-1989
No abstract provided.
Commonwealth Of Kentucky, Department For Human Resources V. Kentucky Products, Inc. And Floyd K. Nixon, Appellee's Brief 1980-Sc-0506
Commonwealth Of Kentucky, Department For Human Resources V. Kentucky Products, Inc. And Floyd K. Nixon, Appellee's Brief 1980-Sc-0506
1980-1989
No abstract provided.
Phillip Bohannon V. Al C. Rutland, D/B/A Rutland's Barbeque, Hopkinsville, Kentucky, Appellant's Brief 1980-Sc-0460
Phillip Bohannon V. Al C. Rutland, D/B/A Rutland's Barbeque, Hopkinsville, Kentucky, Appellant's Brief 1980-Sc-0460
1980-1989
No abstract provided.
Stanley Green V. Commonwealth Of Kentucky, Respondent's Brief 1980-Sc-0492
Stanley Green V. Commonwealth Of Kentucky, Respondent's Brief 1980-Sc-0492
1980-1989
No abstract provided.
Commonwealth Of Kentucky Department For Human Resources And Valley View Community Hospital, Inc. V. Lynch Medical Services, Inc. D/B/A Cumberland Valley Primary Care Center, Respondent's Brief 1980-Sc-0404
Commonwealth Of Kentucky Department For Human Resources And Valley View Community Hospital, Inc. V. Lynch Medical Services, Inc. D/B/A Cumberland Valley Primary Care Center, Respondent's Brief 1980-Sc-0404
1980-1989
No abstract provided.
Phillip R. Mcclure V. Fiscal Court Of Jefferson County, Kentucky, Jefferson County, Kentucky, Louis J. Hollenback, Iii, Howard Kassulke, Raymond A Kottak, Thomas C. Helm, Robert O. Kirchdorfer, Earl J. Hartlage, Respondent's Brief 1980-Sc-0410
Phillip R. Mcclure V. Fiscal Court Of Jefferson County, Kentucky, Jefferson County, Kentucky, Louis J. Hollenback, Iii, Howard Kassulke, Raymond A Kottak, Thomas C. Helm, Robert O. Kirchdorfer, Earl J. Hartlage, Respondent's Brief 1980-Sc-0410
1980-1989
No abstract provided.
Louisville And Jefferson County Board Of Zoning Adjustment V. Joseph C. Hofgesang Sand Company Inc., Reply Brief 1980-Sc-0437
Louisville And Jefferson County Board Of Zoning Adjustment V. Joseph C. Hofgesang Sand Company Inc., Reply Brief 1980-Sc-0437
1980-1989
No abstract provided.
John H. Williams V. Commonwealth Of Kentucky, Brief 1980-Sc-0395
John H. Williams V. Commonwealth Of Kentucky, Brief 1980-Sc-0395
1980-1989
No abstract provided.
John Wayne Hetteberg V. City Of Newport And Employers Insurance Of Wausau Eugene Land, And Kentucky Workers' Compensation Board, Appellant's Brief 1980-Sc-0404
John Wayne Hetteberg V. City Of Newport And Employers Insurance Of Wausau Eugene Land, And Kentucky Workers' Compensation Board, Appellant's Brief 1980-Sc-0404
1980-1989
No abstract provided.
Karu Gene White V. Commonwealth Of Kentucky, Appellant's Brief 1980-Sc-0492
Karu Gene White V. Commonwealth Of Kentucky, Appellant's Brief 1980-Sc-0492
1980-1989
No abstract provided.
Dubious Interpretative Rules For Construing Federal Taxing Statutes, Richard A. Westin
Dubious Interpretative Rules For Construing Federal Taxing Statutes, Richard A. Westin
Law Faculty Scholarly Articles
Knowing even a substantial portion of the Internal Revenue Code of 1954 is a major achievement. Divining how the courts might react to a complex tax transaction is also terribly difficult, but for this ability lawyers are often well-rewarded on earth. The tools of this esoteric trade include a mass of interpretative rules of a most uncertain nature, as sophisticated tax advisors are well aware. This article discusses the application and limits of a litany of the interpretative rules. The rules are frequently applicable outside the tax field, but the following study is confined to their application to tax decisions. …
Genex/London, Inc. And Genex/Greer, Inc. V. Kentucky Board Of Tax Appeals And Department Of Revenue Commonwealth Of Kentucky, Reply Brief 1980-Sc-0418
Genex/London, Inc. And Genex/Greer, Inc. V. Kentucky Board Of Tax Appeals And Department Of Revenue Commonwealth Of Kentucky, Reply Brief 1980-Sc-0418
1980-1989
No abstract provided.
Louisville And Jefferson County Board Of Zoning Adjustment V. Joseph C. Hofgesang Sand Company Inc., Respondent's Brief 1980-Sc-0437
Louisville And Jefferson County Board Of Zoning Adjustment V. Joseph C. Hofgesang Sand Company Inc., Respondent's Brief 1980-Sc-0437
1980-1989
No abstract provided.