Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 30 of 44

Full-Text Articles in Law

The Review, Spring 1985, University Of Kentucky College Of Law Apr 1985

The Review, Spring 1985, University Of Kentucky College Of Law

Annual Magazines

No abstract provided.


Separation Of Powers, Legislative Vetoes, And The Public Lands, Eugene R. Gaetke Apr 1985

Separation Of Powers, Legislative Vetoes, And The Public Lands, Eugene R. Gaetke

Law Faculty Scholarly Articles

The Supreme Court's decision in Immigration and Naturalization Service v. Chadha struck a serious, if not fatal, blow to the constitutional acceptability of the legislative veto. In Chadha the Court held that a provision of the Immigration and Naturalization Act, which permitted one House of Congress to reverse a decision by the Attorney

General not to deport an alien, was a violation of the doctrine of separation of powers since it did not comply with the requirements of passage by both Houses of Congress and presentment to the President. In light of that decision, the constitutionality of nearly 200 statutes …


An Open Attack On The Nonsense Of Blue Sky Regulation, Rutheford B. Campbell Jr. Apr 1985

An Open Attack On The Nonsense Of Blue Sky Regulation, Rutheford B. Campbell Jr.

Law Faculty Scholarly Articles

The evolution of state securities laws (hereinafter "blue sky laws") in this country is a classic example of regulation that was, perhaps, initially justified and that was apparently promulgated with the best of motives, but which now is actually harmful to society. Today, blue sky laws are ineffective, philosophically unsound, and unnecessarily expensive, and they should be substantially eliminated. Because of the vested interests that have developed, however, it is unlikely that states will respond to this problem, and it will probably take action by the United States Congress to preempt the area. Such an action is appropriate and, indeed, …


Kentucky Law Survey: Arbitration, Thomas J. Stipanowich Jan 1985

Kentucky Law Survey: Arbitration, Thomas J. Stipanowich

Kentucky Law Journal

No abstract provided.


Antitrust Implications Of Agricultural Cooperatives, Stephen D. Hawke Jan 1985

Antitrust Implications Of Agricultural Cooperatives, Stephen D. Hawke

Kentucky Law Journal

No abstract provided.


Taking And Pursuing A Case: Some Observations Regarding "Legal Ethics" And Attorney Accountability, Richard H. Underwood Jan 1985

Taking And Pursuing A Case: Some Observations Regarding "Legal Ethics" And Attorney Accountability, Richard H. Underwood

Kentucky Law Journal

No abstract provided.


Kentucky Law Survey: Workers' Compensation, Norman E. Harned, Scott A. Bachert Jan 1985

Kentucky Law Survey: Workers' Compensation, Norman E. Harned, Scott A. Bachert

Kentucky Law Journal

No abstract provided.


Refuting The “Classic” Property Clause Theory, Eugene R. Gaetke Jan 1985

Refuting The “Classic” Property Clause Theory, Eugene R. Gaetke

Law Faculty Scholarly Articles

In a series of cases the Supreme Court has recognized broad, preemptive federal regulatory power over federally owned land. The Court has based these decisions on the combined effect of the property and supremacy clauses of the Constitution. The scope of this power has been the cause of a heated political and legal debate in western states, which contain extensive federal land holdings. A number of legal commentators have argued that the Court's broad construction of the property clause is a misinterpretation of the Framers' intent and that the clause merely grants the federal government proprietary rights over its land …


The Right To Independent Testing: Boon For Defendant--Burden For Prosecution?, Judith K. Jones Jan 1985

The Right To Independent Testing: Boon For Defendant--Burden For Prosecution?, Judith K. Jones

Kentucky Law Journal

No abstract provided.


Kentucky Law Survey: Corporations, Willburt D. Ham Jan 1985

Kentucky Law Survey: Corporations, Willburt D. Ham

Kentucky Law Journal

No abstract provided.


Retribution And Deterrence: The Role Of Punitive Damages In Products Liability Litigation, Richard C. Ausness Jan 1985

Retribution And Deterrence: The Role Of Punitive Damages In Products Liability Litigation, Richard C. Ausness

Kentucky Law Journal

No abstract provided.


Kentucky Law Survey: Torts, Jayne Moore Waldrop Jan 1985

Kentucky Law Survey: Torts, Jayne Moore Waldrop

Kentucky Law Journal

No abstract provided.


Corporate Criminal Liability: A Treatise On The Criminal Liability Of Corporations, Their Officers And Agents By Kathleen F. Brickey, Robert G. Lawson Jan 1985

Corporate Criminal Liability: A Treatise On The Criminal Liability Of Corporations, Their Officers And Agents By Kathleen F. Brickey, Robert G. Lawson

Kentucky Law Journal

No abstract provided.


Chemical Trespass?--An Overview Of Statutory And Regulatory Efforts To Control Pesticide Drift, Sarah E. Redfield Jan 1985

Chemical Trespass?--An Overview Of Statutory And Regulatory Efforts To Control Pesticide Drift, Sarah E. Redfield

Kentucky Law Journal

No abstract provided.


The False Claims Act And The Proposed Program Fraud Civil Remedies Act: Complementary Partners In The Prevention Of Federal Program Fraud, Alexander M. Waldrop Jan 1985

The False Claims Act And The Proposed Program Fraud Civil Remedies Act: Complementary Partners In The Prevention Of Federal Program Fraud, Alexander M. Waldrop

Kentucky Law Journal

No abstract provided.


The Civil Rights Pornography Ordinances--An Examination Under The First Amendment, Valerie J. Hamm Jan 1985

The Civil Rights Pornography Ordinances--An Examination Under The First Amendment, Valerie J. Hamm

Kentucky Law Journal

No abstract provided.


Cordless Telephones And The Fourth Amendment: A Trap For The Unwary Consumer, Mark S. Snell Jan 1985

Cordless Telephones And The Fourth Amendment: A Trap For The Unwary Consumer, Mark S. Snell

Kentucky Law Journal

No abstract provided.


The Future Of Transferable Development Rights In The Supreme Court, Linda A. Malone Jan 1985

The Future Of Transferable Development Rights In The Supreme Court, Linda A. Malone

Kentucky Law Journal

No abstract provided.


Private Property And Environmental Regulatory Takings: A Forward Look Into Rights And Remedies, As Illustrated By An Excursion Into The Wild Rivers Act Of Kentucky, Monique Duparc Winther Jan 1985

Private Property And Environmental Regulatory Takings: A Forward Look Into Rights And Remedies, As Illustrated By An Excursion Into The Wild Rivers Act Of Kentucky, Monique Duparc Winther

Kentucky Law Journal

No abstract provided.


Capital Juries And The Fair Cross-Section Requirement: Modern Constitutional Reasoning In Jury Selection, John Coleman Ayers Jan 1985

Capital Juries And The Fair Cross-Section Requirement: Modern Constitutional Reasoning In Jury Selection, John Coleman Ayers

Kentucky Law Journal

No abstract provided.


Enforcement Of The Fair Housing Act: What Role Should The Federal Government Play?, Alex Waldrop Jan 1985

Enforcement Of The Fair Housing Act: What Role Should The Federal Government Play?, Alex Waldrop

Kentucky Law Journal

No abstract provided.


Kentucky Law Survey: Civil Procedure, John R. Leathers, Matthew L. Mooney Jan 1985

Kentucky Law Survey: Civil Procedure, John R. Leathers, Matthew L. Mooney

Kentucky Law Journal

No abstract provided.


Kentucky Law Survey: Criminal Law, Linda K. West Jan 1985

Kentucky Law Survey: Criminal Law, Linda K. West

Kentucky Law Journal

No abstract provided.


The Plight Of Small Issuers (And Others) Under Regulation D: Those Nagging Problems That Need Attention, Rutheford B. Campbell Jr. Jan 1985

The Plight Of Small Issuers (And Others) Under Regulation D: Those Nagging Problems That Need Attention, Rutheford B. Campbell Jr.

Kentucky Law Journal

No abstract provided.


Kentucky Law Survey: Insurance, Tama Kirby Knapp Jan 1985

Kentucky Law Survey: Insurance, Tama Kirby Knapp

Kentucky Law Journal

No abstract provided.


The Uniform Commercial Code As Applied To Implied Warranties Of "Merchantability" And "Fitness" In The Sale Of Horses, John Alan Cohan Jan 1985

The Uniform Commercial Code As Applied To Implied Warranties Of "Merchantability" And "Fitness" In The Sale Of Horses, John Alan Cohan

Kentucky Law Journal

No abstract provided.


The Secured Farm Creditor's Interest In Federal Price Supports: Policies And Priorities, Paul B. Rasor, James B. Wadley Jan 1985

The Secured Farm Creditor's Interest In Federal Price Supports: Policies And Priorities, Paul B. Rasor, James B. Wadley

Kentucky Law Journal

No abstract provided.


Design For Challenge: The Kentucky Statute Of Repose For Improvements To Real Property, Jayne Moore Jan 1985

Design For Challenge: The Kentucky Statute Of Repose For Improvements To Real Property, Jayne Moore

Kentucky Law Journal

No abstract provided.


Is An Ira Exempt Property Under The Kentucky Exemption Statute Krs Section 427.150(1)(B)?, Kevin Charles Dicken Jan 1985

Is An Ira Exempt Property Under The Kentucky Exemption Statute Krs Section 427.150(1)(B)?, Kevin Charles Dicken

Kentucky Law Journal

No abstract provided.


Survey Of The Law And Selected Issues Relating To The Deductibility Of Soil And Water Conservation Expenditures Under Section 175 Of The Internal Revenue Code, Lonnie R. Beard Jan 1985

Survey Of The Law And Selected Issues Relating To The Deductibility Of Soil And Water Conservation Expenditures Under Section 175 Of The Internal Revenue Code, Lonnie R. Beard

Kentucky Law Journal

No abstract provided.