Law Commons^™

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 …

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

Annual Magazines

No abstract provided.

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, …

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

Law Faculty Scholarly Articles

This Article addresses some of the potential liabilities that may arise from an attorney's decision to decline, refer, undertake, continue or discontinue the prosecution of a civil action. This Article suggests that counsel's obligations to his or her client, adversary, and fellow members of the bar, as well as to the judiciary and the justice system, can be balanced without subjecting attorneys to liability. This balance can be attained, however, only if potential problems are spotted and minimal precautions are taken.

Public Access Channels In Cable Television: The Economic Scarcity Rationale Of Berkshire V. Burke, Laurel L.F. Garrett

Kentucky Law Journal

No abstract provided.

Kentucky Law Survey: Criminal Law, Linda K. West

Kentucky Law Journal

No abstract provided.

Kentucky Law Survey: Arbitration, Thomas J. Stipanowich

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

Kentucky Law Journal

No abstract provided.

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

Kentucky Law Journal

No abstract provided.

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

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

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.

Law Faculty Scholarly Articles

Regulation D traces its roots to section 4(2) and section 3(b) of the Securities Act of 1933. Both of these sections are designed to relieve an issuer from the pains of registration under the 1933 Act in situations where Congress deemed such registration inappropriate. Therefore, under section 4(2), no registration is required for "transactions by an issuer not involving any public offering." Section 3(b) is not a self-executing exemption but instead permits the Securities and Exchange Commission to enact rules and regulations exempting issuers from registration requirements "if it finds that ... [registration] is not necessary in the public interest …

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

Law Faculty Scholarly Articles

Punitive damages constitute an award to an injured party above what is necessary to compensate for actual loss. This Article considers whether punitive damages are an effective means of promoting the goals of products liability law. Section I traces the use of punitive damages in products liability litigation from the early 1960's to the present time. Section II examines the traditional rationales for punitive damages and considers whether they are appropriate in the products liability context. Finally, Section III evaluates some of the measures that commentators have proposed to adapt more fully the concept of punitive damages to products liability …

Modernizing Kentucky's Uniform Commercial Code, Harold R. Weinberg, Louise Everett Graham, Thomas J. Stipanowich

Law Faculty Scholarly Articles

In 1958 Kentucky became the third state to enact the Uniform Commercial Code promulgated by the American Law Institute and the National Conference of Commissioners on Uniform State Laws. The General Assembly stated that this legislation was intended to modernize, clarify and simplify the law of commercial transactions. Enactment of the Code also evidenced the legislature's intent to make Kentucky commercial law uniform with that of the other states. Subsequent General Assemblies further implemented these policies by enacting substantially all of the uniform amendments to the Code proposed by the ALI and NCCUSL through 1964.

Unfortunately, these enactments represent our …

The Draft Restatement: A Critique From A Securities Regulation Perspective, Douglas C. Michael, Daniel L. Goelzer, Jacob H. Stillman, Elisse B. Walter, Anne H. Sullivan

Law Faculty Scholarly Articles

For the past several years, the American Law Institute has been preparing a proposed revision of the Restatement (Second) of the Foreign Relations Law of the United States (“Draft Restatement”). This article is a critique from a securities regulation perspective of the Draft Restatement's sections 402, 403, 416, 418, 419, 420 and 431.1 In short, the Draft Restatement departs substantially from existing law. It would add dangerous vagueness and uncertainty to the jurisdictional analysis used to determine whether the United States securities laws will be applied to transnational securities activities. In particular, the complicated balancing inquiry required under the Draft …

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.

Supplemental Groundwater Irrigation Law: From Capture To Sharing, A. Dan Tarlock

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

Kentucky Law Journal

No abstract provided.

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

Kentucky Law Journal

No abstract provided.

Insolvencies In Farming And Agribusinesses, Stewart E. Bland

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

Kentucky Law Journal

No abstract provided.

Antitrust Implications Of Agricultural Cooperatives, Stephen D. Hawke

Kentucky Law Journal

No abstract provided.

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

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

Kentucky Law Journal

No abstract provided.

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

Kentucky Law Journal

No abstract provided.

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

Kentucky Law Journal

No abstract provided.

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

Kentucky Law Journal

No abstract provided.

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

Kentucky Law Journal

No abstract provided.

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

Kentucky Law Journal

No abstract provided.

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

Kentucky Law Journal

No abstract provided.