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Full-Text Articles in Law

Kentucky's New Rules Of Professional Conduct For Lawyers, Eugene R. Gaetke Jan 1990

Kentucky's New Rules Of Professional Conduct For Lawyers, Eugene R. Gaetke

Law Faculty Scholarly Articles

On July 12, 1989, the Kentucky Supreme Court adopted its own version of the American Bar Association's 1983 Model Rules of Professional Conduct as the body of disciplinary law applicable to lawyers practicing in the state. These new rules constitute a major improvement in the state's law of legal ethics. Their adoption should be considered a victory for Kentucky lawyers and, more importantly, a victory for the people of the state, the ultimate beneficiaries of the regulation of the legal profession.

As with most victories, the adoption of the new rules was not unequivocally positive. Kentucky's version of the Model …


Compensation For Smoking-Related Injuries: An Alternative To Strict Liability In Tort, Richard C. Ausness Jan 1990

Compensation For Smoking-Related Injuries: An Alternative To Strict Liability In Tort, Richard C. Ausness

Law Faculty Scholarly Articles

The Surgeon General has described cigarette smoking as the "single most important preventable environmental factor contributing to illness, disability and death in the United States." Each year, smoking-related diseases claim more than 350,000 lives. Smoking-related illnesses also impose a huge economic burden on society. Estimates of health care costs range from $12 billion to $22 billion per year, and productivity losses due to illness and death are even greater.

Arguably, cigarette companies and their customers ought to bear the health costs of smoking. At the present time, however, the tobacco industry has largely escaped responsibility for these costs. Instead, smoking-related …


John Edward Kennedy, Rutheford B. Campbell Jr. Jan 1990

John Edward Kennedy, Rutheford B. Campbell Jr.

Law Faculty Scholarly Articles

This tribute was in recognition of John E. Kennedy’s death. John E. Kennedy was a member of the College of Law faculty.


Professor John E. Kennedy: 1934-1989 A Remembrance, Alvin L. Goldman Jan 1990

Professor John E. Kennedy: 1934-1989 A Remembrance, Alvin L. Goldman

Law Faculty Scholarly Articles

This dedication was in recognition of John E. Kennedy’s death. John E. Kennedy was a member of the College of Law faculty.


Automobile Accident Litigation In Kentucky, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, Robert D. Monfort Jan 1990

Automobile Accident Litigation In Kentucky, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, Robert D. Monfort

Continuing Legal Education Materials

A practitioner's handbook that walks attorneys through the litigation processes arising from automobile accidents and related issues.


Unavoidably Unsafe Products And Strict Products Liability: What Liability Rule Should Be Applied To The Sellers Of Pharmaceutical Products?, Richard C. Ausness Jan 1990

Unavoidably Unsafe Products And Strict Products Liability: What Liability Rule Should Be Applied To The Sellers Of Pharmaceutical Products?, Richard C. Ausness

Law Faculty Scholarly Articles

Injuries from adverse drug reactions have increased dramatically in recent years. This increase is largely attributable to the changing nature of pharmaceutical products. First of all, more pharmaceutical products are currently available to physicians than ever in history. Presently, there are more than ten thousand prescription drugs on the market, and each year four hundred to five hundred new ones are introduced. Second, modern drugs often are more potent than their older counterparts, thus increasing the likelihood of adverse reactions.

It should come as no surprise that this rise in the number of drug-related injuries has led to a comparable …


Easing Transfer And Security Interest Transactions In Intellectual Property: An Agenda For Reform, Harold R. Weinberg, William J. Woodward Jr. Jan 1990

Easing Transfer And Security Interest Transactions In Intellectual Property: An Agenda For Reform, Harold R. Weinberg, William J. Woodward Jr.

Law Faculty Scholarly Articles

Uncertainty and confusion probably always have existed bout the employment of intellectual property as collateral for a loan. Since the drafting of Article 9 of the Uniform Commercial Code, an uneasy coexistence of state and federal law has developed. Both state and federal law now arguably apply when a debtor attempts to use a patent or trademark to secure a loan. The extent to which each body of law is applicable and the interaction between the two systems was left unclear by the drafters of Article 9 and has not been clarified by Congress. The radical differences between the state …