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Articles 1 - 30 of 51
Full-Text Articles in Law
9th Biennial Judge Joe Lee Bankruptcy Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, David G. Epstein, Kenneth N. Klee, Paul H. Asofsky, Beverly M. Burden, Lawrence P. King, Charles P. Normandin, John J. Jerome, Taft A. Mckinstry, Joan Lloyd Cooper, G. Ray Warner, Gerald K. Smith
9th Biennial Judge Joe Lee Bankruptcy Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, David G. Epstein, Kenneth N. Klee, Paul H. Asofsky, Beverly M. Burden, Lawrence P. King, Charles P. Normandin, John J. Jerome, Taft A. Mckinstry, Joan Lloyd Cooper, G. Ray Warner, Gerald K. Smith
Continuing Legal Education Materials
Materials from the 9th Biennial Judge Joe Lee Bankruptcy Institute held December 1999.
Fair Value And Fair Price In Corporate Acquisitions, Rutheford B. Campbell Jr.
Fair Value And Fair Price In Corporate Acquisitions, Rutheford B. Campbell Jr.
Law Faculty Scholarly Articles
In statutory corporate acquisitions, dissenters' rights entitle shareholders of acquired corporations to obtain a "fair value" for their consideration, while common-law fiduciary duties ensure that such shareholders receive a "fair price" in the transaction. Courts, however, have had difficulty defining and measuring fair value and fair price, leaving this area of the law in disarray. This Article reviews the current framework of appraisal rights and fiduciary duties and proposes refined definitions of fair value and fair price that are based on attractive moral and economic values widely shared by society. The proposal respects the expectations of shareholders and provides guidance …
Limited Liability Companies In Kentucky: Applications & New Topics For The Llc, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, Scott W. Dolson, Charles Fassler, Thomas E. Rutledge, Melony J. Lane, James C. Seiffert, William G. Strench, J. Whitney Wallingford Iii
Limited Liability Companies In Kentucky: Applications & New Topics For The Llc, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, Scott W. Dolson, Charles Fassler, Thomas E. Rutledge, Melony J. Lane, James C. Seiffert, William G. Strench, J. Whitney Wallingford Iii
Continuing Legal Education Materials
Materials from the Limited Liability Companies in Kentucky conference held by UK/CLE in October 1999.
Legislative Intent And Statutory Interpretation In England And The United States: An Assessment Of The Impact Of Pepper V. Hart, Michael P. Healy
Legislative Intent And Statutory Interpretation In England And The United States: An Assessment Of The Impact Of Pepper V. Hart, Michael P. Healy
Law Faculty Scholarly Articles
Statutory interpretation is the process of discerning the meaning of legislation, and U.S. law has permitted courts to find meaning through a variety of often contradictory interpretive approaches. As a result, U.S. litigants often are uncertain about the interpretive approach a court will apply to a statute, even though the choice of the interpretive approach may determine the outcome of the litigation. Until the recent decision in Pepper (Inspector of Taxes) v. Hart, English approaches to statutory interpretation were more circumscribed because English courts foreclosed the intentionalist approach. This Article considers the impact that Pepper has had on statutory …
26th Annual Midwest/Midsouth Estate Planning Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, Turney P. Berry, Jerold I. Horn, David Ackerman, Sheldon G. Gilman, Cassie Spencer, Theodore B. Atlass, John T. Bondurant, Eric A. Manterfield, Norvie L. Lay, James W. Turner, Jeffrey M. Yussman, Homer Parrent Iii, David Tachau
26th Annual Midwest/Midsouth Estate Planning Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, Turney P. Berry, Jerold I. Horn, David Ackerman, Sheldon G. Gilman, Cassie Spencer, Theodore B. Atlass, John T. Bondurant, Eric A. Manterfield, Norvie L. Lay, James W. Turner, Jeffrey M. Yussman, Homer Parrent Iii, David Tachau
Continuing Legal Education Materials
Materials from the 26th Annual Midwest/Midsouth Estate Planning Institute held by UK/CLE in July 1999.
19th Annual Conference On Legal Issues For Financial Institutions, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, M. Thurman Senn, Michael Whiteman, Garry Throckmorton, James H. Newberry, Benjamin Cowgill Jr., R. Gregg Hovious, Victor B. Maddox, S. Tracy Jefferson, J. Mark Grundy, Erin N. O'Daniel, Lea Pauley Goff, Walter R. Byrne, Debra K. Stamper, John T. Mcgarvey, J. Rick Jones
19th Annual Conference On Legal Issues For Financial Institutions, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, M. Thurman Senn, Michael Whiteman, Garry Throckmorton, James H. Newberry, Benjamin Cowgill Jr., R. Gregg Hovious, Victor B. Maddox, S. Tracy Jefferson, J. Mark Grundy, Erin N. O'Daniel, Lea Pauley Goff, Walter R. Byrne, Debra K. Stamper, John T. Mcgarvey, J. Rick Jones
Continuing Legal Education Materials
Materials from the 19th Annual Conference on Legal Issues For Financial Institutions held by UK/CLE in May 1999.
Computer Law Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, Charles R. Keeton, Jay E. Ingle, J. Mark Grundy, Robert F. Duncan, Kenneth J. Tuggle, Joel T. Beres, Bill E. Webb, Stephen J. Davidson, Cynthia L. Stewart, Judge B. Wilson Ii, David J. Beyer, Kurt X. Metzmeier, Shaun E. Esposito
Computer Law Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, Charles R. Keeton, Jay E. Ingle, J. Mark Grundy, Robert F. Duncan, Kenneth J. Tuggle, Joel T. Beres, Bill E. Webb, Stephen J. Davidson, Cynthia L. Stewart, Judge B. Wilson Ii, David J. Beyer, Kurt X. Metzmeier, Shaun E. Esposito
Continuing Legal Education Materials
Materials from the Computer Law Institute held by UK/CLE in May 1999.
When Warnings Alone Won’T Do: A Reply To Professor Phillips, Richard C. Ausness
When Warnings Alone Won’T Do: A Reply To Professor Phillips, Richard C. Ausness
Law Faculty Scholarly Articles
In his paper, Professor Phillips contends that questions about the adequacy of a product's design should be resolved by the use of a risk-utility test and that the existence of an adequate warning should merely be one factor for the jury to take into account. This is essentially the position espoused by the Restatement (Third) of Torts: Products Liability (hereinafter Third Restatement), section 2, comment l. On the other hand, Professor PhiIlips is very critical of subsections 6(c) and 6(d). These provisions establish liability for the sellers of prescription drugs and medical devices. Section 6(c), which is concerned …
15th Annual Environmental Law Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, W. Blaine Early Iii, Timothy J. Hagerty, E. Allen Kyle, Lee Colten, Tom C. Van Arsdall, John R. Leathers, Clinton J. Elliott, Thomas J. Fitzgerald, Jeffrey M. Sanders, Richard H. Underwood, Bradley E. Diillon, Henry L. Stephens, Lauren Anderson, David A. Smart
15th Annual Environmental Law Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, W. Blaine Early Iii, Timothy J. Hagerty, E. Allen Kyle, Lee Colten, Tom C. Van Arsdall, John R. Leathers, Clinton J. Elliott, Thomas J. Fitzgerald, Jeffrey M. Sanders, Richard H. Underwood, Bradley E. Diillon, Henry L. Stephens, Lauren Anderson, David A. Smart
Continuing Legal Education Materials
Materials from the 15th Annual Environmental Law Institute held by UK/CLE in March 1999.
A Proposal To Require Lawyers To Disclose Information About Procedural Matters, William H. Fortune
A Proposal To Require Lawyers To Disclose Information About Procedural Matters, William H. Fortune
Law Faculty Scholarly Articles
In the absence of a rule clearly requiring disclosure, a lawyer is obligated not to disclose information which is adverse to the interests of a client. However, judges should be able to expect lawyers to dislose information about procedural matters. This Article argues that Model Rule of Professional Conduct 3.3 should be amended to require disclosure of information about procedural matters. Part I describes the events in Potter v. Eli Lilly & Co., a case involving a secret settlement related to Prozac. Part II makes the argument for a rule requiring disclosure of procedural information. Part III describes how …
Constitutional Protection For Conversations Between Therapists And Clients, Paul E. Salamanca
Constitutional Protection For Conversations Between Therapists And Clients, Paul E. Salamanca
Law Faculty Scholarly Articles
People have long perceived a connection between mental and even physical illness and physical anguish. Yet, modern culture tends to view both types of illness from an increasingly medical perspective, seeking a genetic or environmental explanation. In most cases, this “medical model” is probably the best approach, even if it is imperfect. First, the purely medical explanation may be accurate. Second, even if it is not accurate, treating the symptoms of a disease with a spiritual source is probably easier than treating the source itself. Ultimately, however, we must take note that disease is often not the result of genetics …
The Professional And The Liar, Richard H. Underwood
The Professional And The Liar, Richard H. Underwood
Law Faculty Scholarly Articles
Many individuals in society think that all lawyers are liars. Some think lawyers are allowed to lie. Regrettably, some American lawyers apparently think so too. In the United States there has been, and continues to be, a troubling lack of professional consensus when it comes to litigating a case. Indeed, lawyers who are neither corrupt nor insensitive have been accused of arguing that the elicitation of false testimony, and the use of it, is a professional responsibility. Fairness also calls for some acknowledgment that even the most cunning, zealous, and successful of trial lawyers have agonized over such moral choices. …
Interpretation Of The Kentucky Rules Of Evidence—What Happened To The Common Law?, Robert G. Lawson
Interpretation Of The Kentucky Rules Of Evidence—What Happened To The Common Law?, Robert G. Lawson
Law Faculty Scholarly Articles
The Kentucky Rules of Evidence, which became effective on July 1, 1992, dramatically transformed the method by which lawyers and judges address evidence issues. Before the adoption of the Rules, the law of evidence consisted mostly of a vast collection of common law rulings, accumulated over two centuries and inaccessible to lawyers and judges for all practical purposes. In addressing an evidence issue, participants had to first deal with the problem of "finding" the law-distilling from a morass of conflicting common law precedents the ones applicable to the issue at hand, a task regularly producing contention rather than agreement and, …
A Helpful And Efficient Irs: Some Simple And Powerful Suggestions, Joshua D. Rosenberg
A Helpful And Efficient Irs: Some Simple And Powerful Suggestions, Joshua D. Rosenberg
Kentucky Law Journal
No abstract provided.
Eulogizing The Line Item Veto Act: Clinton V. City Of New York And The Wisdom Of Presidential Legislating, Aaron D. Zibart
Eulogizing The Line Item Veto Act: Clinton V. City Of New York And The Wisdom Of Presidential Legislating, Aaron D. Zibart
Kentucky Law Journal
No abstract provided.
Substantial Proportionality Not Required: Achieving Title Ix Compliance Without Reducing Participation In Collegiate Athletics, Mark Hammond
Substantial Proportionality Not Required: Achieving Title Ix Compliance Without Reducing Participation In Collegiate Athletics, Mark Hammond
Kentucky Law Journal
No abstract provided.
Judicial Independence: Rebuffing Congressional Attacks On The Third Branch, Stephan O. Kline
Judicial Independence: Rebuffing Congressional Attacks On The Third Branch, Stephan O. Kline
Kentucky Law Journal
No abstract provided.
Rethinking The Way Law Is Taught: Can We Improve Lawyer Professionalism By Teaching Hired Guns To Aim Better?, W. William Hodges
Rethinking The Way Law Is Taught: Can We Improve Lawyer Professionalism By Teaching Hired Guns To Aim Better?, W. William Hodges
Kentucky Law Journal
No abstract provided.
The Lawyer's Duty To Disclose Material Facts In Contract Or Settlement Negotiations, Nathan M. Crystal
The Lawyer's Duty To Disclose Material Facts In Contract Or Settlement Negotiations, Nathan M. Crystal
Kentucky Law Journal
No abstract provided.
Should Kentucky Impose An Enforceable Duty On Lawyers To Report Other Lawyers' Professional Misconduct?, Parker D. Eastin
Should Kentucky Impose An Enforceable Duty On Lawyers To Report Other Lawyers' Professional Misconduct?, Parker D. Eastin
Kentucky Law Journal
No abstract provided.
The Crime-Fraud Exception To The Attorney-Client Privilege In The Context Of Corporate Counseling, H. Lowell Brown
The Crime-Fraud Exception To The Attorney-Client Privilege In The Context Of Corporate Counseling, H. Lowell Brown
Kentucky Law Journal
No abstract provided.
Book Review Of Policy Making In An Era Of Global Environmental Change (R. E. Munn, J. W. M. La Riviere & N. Van Lookeren Campagne Eds., 1996), Michael P. Healy
Book Review Of Policy Making In An Era Of Global Environmental Change (R. E. Munn, J. W. M. La Riviere & N. Van Lookeren Campagne Eds., 1996), Michael P. Healy
Law Faculty Scholarly Articles
In this book review, Michael P. Healy examines Policy Making in an Era of Global Environmental Change (R. E. Munn, J. W. M. la Riviere & N. van Lookeren Campagne eds., 1996).
Some Realistic Thinking About Secular Effects, Paul E. Salamanca
Some Realistic Thinking About Secular Effects, Paul E. Salamanca
Law Faculty Scholarly Articles
Notwithstanding complaints about incoherence in Establishment Clause doctrine, courts by and large administer the Clause responsibly. They do so by mediating between a number of powerful considerations, none of which can ever be entirely disregarded. These considerations include, but are not limited to, separation of church and state, the value of religiosity, the imperative of affording equal treatment to religious and similarly situated nonreligious entities, and the proper role of courts in a democratic political system. This is not to say that courts cannot overstep their bounds and provoke an adverse reaction from other powerful elements within the polity. It …
The Non-Contested Divorce: Pleadings And Procedures, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, Stephanie L. Morgan, Mary E. Schoonover
The Non-Contested Divorce: Pleadings And Procedures, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, Stephanie L. Morgan, Mary E. Schoonover
Continuing Legal Education Materials
Description of proceedings and sample pleadings in a non-contested divorce.
Kentucky Lawyer, 1999-2000, University Of Kentucky College Of Law
Kentucky Lawyer, 1999-2000, University Of Kentucky College Of Law
Annual Magazines
No abstract provided.
Interpretation Of The Kentucky Rules Of Evidence--What Happened To The Common Law?, Robert G. Lawson
Interpretation Of The Kentucky Rules Of Evidence--What Happened To The Common Law?, Robert G. Lawson
Kentucky Law Journal
No abstract provided.
Choice Of Law In Kentucky, John R. Leathers
Choice Of Law In Kentucky, John R. Leathers
Kentucky Law Journal
No abstract provided.
Silence Broken: Gebser's New Standard Of School Liability For Title Ix Sexual Harassment, Callie R. Owen
Silence Broken: Gebser's New Standard Of School Liability For Title Ix Sexual Harassment, Callie R. Owen
Kentucky Law Journal
No abstract provided.
Cutting Deals In Smoke-Free Rooms: A Case Study In Public Choice Theory, David S. Samford
Cutting Deals In Smoke-Free Rooms: A Case Study In Public Choice Theory, David S. Samford
Kentucky Law Journal
No abstract provided.
Renewed Introspection And The Legal Profession, Eugene R. Gaetke
Renewed Introspection And The Legal Profession, Eugene R. Gaetke
Kentucky Law Journal
No abstract provided.