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University of Kentucky

1978

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Articles 31 - 53 of 53

Full-Text Articles in Law

The Identification Of Incompetent Defendants: Separating Those Unfit For Adversary Combat From Those Who Are Fit, Claudine Walker Ausness Jan 1978

The Identification Of Incompetent Defendants: Separating Those Unfit For Adversary Combat From Those Who Are Fit, Claudine Walker Ausness

Kentucky Law Journal

No abstract provided.


Media Reporting And Privacy Claims--Decline In Constitutional Protection For The Press, Gerald G. Ashdown Jan 1978

Media Reporting And Privacy Claims--Decline In Constitutional Protection For The Press, Gerald G. Ashdown

Kentucky Law Journal

No abstract provided.


The Theory Of Judicial Reasoning--Toward A Reconstruction, Peter W. Gross Jan 1978

The Theory Of Judicial Reasoning--Toward A Reconstruction, Peter W. Gross

Kentucky Law Journal

No abstract provided.


Tax Implications Of The Uniform Marriage And Divorce Act: Does The Davis Rule Still Apply In Kentucky?, Susan L. Coleman Jan 1978

Tax Implications Of The Uniform Marriage And Divorce Act: Does The Davis Rule Still Apply In Kentucky?, Susan L. Coleman

Kentucky Law Journal

No abstract provided.


An Insurer's Liability To Third Parties For Negligent Inspection, Michael Braden Jan 1978

An Insurer's Liability To Third Parties For Negligent Inspection, Michael Braden

Kentucky Law Journal

No abstract provided.


Security Interests In Motor Vehicles: A Conflict In Kentucky Law, Henry Lawson Jan 1978

Security Interests In Motor Vehicles: A Conflict In Kentucky Law, Henry Lawson

Kentucky Law Journal

No abstract provided.


Standing Up For Flast: Taxpayer And Citizen Standing To Raise Constitutional Issues, David S. Bogen Jan 1978

Standing Up For Flast: Taxpayer And Citizen Standing To Raise Constitutional Issues, David S. Bogen

Kentucky Law Journal

No abstract provided.


Restoration Of Property: Illusory Barrier To Interspousal Gifts, Jennifer Burcham Coffman Jan 1978

Restoration Of Property: Illusory Barrier To Interspousal Gifts, Jennifer Burcham Coffman

Kentucky Law Journal

No abstract provided.


The Contemporaneous Objection Rule: Time For A Re-Examination, Matthew J. Fritz Jan 1978

The Contemporaneous Objection Rule: Time For A Re-Examination, Matthew J. Fritz

Kentucky Law Journal

No abstract provided.


Child Support, Life Insurance, And The Uniform Marriage And Divorce Act, David A. Bratt Jan 1978

Child Support, Life Insurance, And The Uniform Marriage And Divorce Act, David A. Bratt

Kentucky Law Journal

No abstract provided.


Constitutional Limitations On Mandatory Teacher Retirement, Paula Shives Hoskins Jan 1978

Constitutional Limitations On Mandatory Teacher Retirement, Paula Shives Hoskins

Kentucky Law Journal

No abstract provided.


The First One Hundred Justices: Statistical Studies On The Supreme Court Of The United States By Albert B. Blaustein And Roy M. Mersky, Woodford L. Gardner Jr. Jan 1978

The First One Hundred Justices: Statistical Studies On The Supreme Court Of The United States By Albert B. Blaustein And Roy M. Mersky, Woodford L. Gardner Jr.

Kentucky Law Journal

No abstract provided.


Joint Custody, Carolyn S. Bratt Jan 1978

Joint Custody, Carolyn S. Bratt

Kentucky Law Journal

No abstract provided.


The Review Of The College Of Law Alumni Association, Winter 1978, University Of Kentucky College Of Law Jan 1978

The Review Of The College Of Law Alumni Association, Winter 1978, University Of Kentucky College Of Law

Annual Magazines

No abstract provided.


Presuming Lawyers Competent To Protect Fundamental Rights: Is It An Affordable Fiction?, Robert G. Lawson Jan 1978

Presuming Lawyers Competent To Protect Fundamental Rights: Is It An Affordable Fiction?, Robert G. Lawson

Kentucky Law Journal

No abstract provided.


Presuming Lawyers Competent To Protect Fundamental Rights: Is It An Affordable Fiction?, Robert G. Lawson Jan 1978

Presuming Lawyers Competent To Protect Fundamental Rights: Is It An Affordable Fiction?, Robert G. Lawson

Law Faculty Scholarly Articles

This article explores the ramifications of Wainwright v. Sykes, a case decided before the Supreme Court of the United States in 1977. The broad question before the Court in Sykes concerned the extent to which state prisoners should have access to federal court by use of the writ of habeas corpus. The narrow issue before the Court concerned the impact on a prisoner's claim for habeas relief of procedural defaults (such as a failure to object to evidence, a failure to perfect an appeal, etc.) that occur in the state proceeding under attack. In considering these important issues Justice ...


The Hidden Tax Trap Of I.R.C. Section 6672, Stephen J. Vasek Jr. Jan 1978

The Hidden Tax Trap Of I.R.C. Section 6672, Stephen J. Vasek Jr.

Law Faculty Scholarly Articles

Two recent decisions of the United States Supreme Court examined section 6672 of the Internal Revenue Code. In Slodov v. United States, the Court expressed its views on the personal liability of business managers for unpaid taxes on employee wages. Discharging such liability because of the personal bankruptcy of the business manager was considered in United States v. Sotelo. The focal point of these cases—section 6672 of the Internal Revenue Code—provides for the potential liability of business managers for the employees’ share of taxes on wages (hereinafter trust fund taxes).

Although Slodov and Sotelo are helpful in understanding ...


Santa Fe Industries, Inc. V. Green: An Analysis Two Years Later, Rutheford B. Campbell Jr. Jan 1978

Santa Fe Industries, Inc. V. Green: An Analysis Two Years Later, Rutheford B. Campbell Jr.

Law Faculty Scholarly Articles

In 1977, the Supreme Court decided Santa Fe Industries, Inc. v. Green. Although the outcome of that decision should have surprised no one, since the trend of the Court clearly had been to constrict the scope of the federal securities legislation, the case was a major decision that will have a substantial impact on the development of corporate law in this country. Indeed, it may turn out to be one of the most significant corporate cases decided by the Supreme Court in recent years. Since by this point the dust has settled from the case, it seems appropriate to examine ...


Kentucky Law Survey: Evidence, Robert G. Lawson Jan 1978

Kentucky Law Survey: Evidence, Robert G. Lawson

Law Faculty Scholarly Articles

This article is a survey of Kentucky law on evidence. Almost as often as not the government's case in criminal litigation will contain evidence indicating that the accused committed some offense other than the one for which he is being tried. Consequently a set of rules to control the use of evidence of "other crimes" has evolved. In most jurisdictions it consists of a single rule that prohibits the use of such evidence against a defendant along with a group of exceptions that virtually engulfs the prohibition against admissibility. Kentucky law is so structured. As all lawyers who engage ...


Voluntary Recapitalization, Fairness, And Rule 10b-5: Life Along The Trail Of Santa Fe, Rutheford B. Campbell Jr. Jan 1978

Voluntary Recapitalization, Fairness, And Rule 10b-5: Life Along The Trail Of Santa Fe, Rutheford B. Campbell Jr.

Law Faculty Scholarly Articles

In corporate recapitalizations, the board of directors will sometimes propose a recapitalization plan which substantially alters the “bundle of rights” represented by preferred shares. Although these plans cannot usually be completed without the approval of a majority of the preferred shareholders, the preferred shareholders are at a disadvantage to protect their interests for several reasons. Thus preferred shareholders who are dissatisfied with the change in their rights will sometimes call upon state courts to enjoin the recapitalization on the grounds that it is unfair or fraudulent; state courts, however, have provided only slight protection for preferred shareholders. In this article ...


Water Use Permits In A Riparian State: Problems And Proposals, Richard C. Ausness Jan 1978

Water Use Permits In A Riparian State: Problems And Proposals, Richard C. Ausness

Law Faculty Scholarly Articles

Although adequate supplies of water are generally available in Kentucky, the law governing its use and allocation is much less satisfactory. At present, Kentucky water law is a complex mixture of common law and statutory water rights. The purpose of this article is to evaluate these water rights and suggest a number of improvements. Part I will examine the common law rules as they relate to both surface water and ground water. Part II will focus upon Kentucky's present system of statutory water use regulation and will identify some of its more serious deficiencies. Part III will recommend some ...


Cooperative Apartments: A Survey Of Legal Treatment And An Argument For Homestead Protection, Carolyn S. Bratt Jan 1978

Cooperative Apartments: A Survey Of Legal Treatment And An Argument For Homestead Protection, Carolyn S. Bratt

Law Faculty Scholarly Articles

“The homestead may be a splendid mansion, a cabin or a tent,” but can it be a cooperative apartment? The supreme courts of both Florida and Georgia recently have answered this question in the negative. The Florida Supreme Court denied to a widow a homestead exemption in her deceased husband's cooperative apartment, ruling that a cooperator has no proprietary interest in the apartment, the building, or the land on which the building is situated. The Georgia Supreme Court denied a homestead tax exemption to cooperators because they lacked the characteristics of ownership needed to bring them within the constitutional ...


The Plight Of Small Issuers Under The Securities Act Of 1933: Practical Foreclosure From The Capital Market, Rutheford B. Campbell Jr. Jan 1978

The Plight Of Small Issuers Under The Securities Act Of 1933: Practical Foreclosure From The Capital Market, Rutheford B. Campbell Jr.

Law Faculty Scholarly Articles

The thesis of this Article is simple: the Securities Act of 1933 does not work very well for small issuers, a premise which the Securities and Exchange Commission appeared to tacitly recognize in a series of announcements released early this year. Because of a combination of exorbitant costs, unmanageable levels of ambiguity, unworkable resale provisions and contamination caused by prior illegal sales of stock, a small issuer often is unable to comply with the 1933 Act. As a result it may be difficult or even impossible for a small issuer to raise capital by selling stock.

There are obvious pernicious ...