Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Education Law (7)
- Environmental Law (7)
- Agriculture Law (6)
- Torts (4)
- Constitutional Law (3)
-
- Criminal Law (3)
- Criminal Procedure (3)
- Gaming Law (3)
- Land Use Law (3)
- Legal Profession (3)
- Property Law and Real Estate (3)
- Social and Behavioral Sciences (3)
- State and Local Government Law (3)
- Administrative Law (2)
- Business Organizations Law (2)
- Entertainment, Arts, and Sports Law (2)
- Family Law (2)
- Food and Drug Law (2)
- Intellectual Property Law (2)
- Internet Law (2)
- Litigation (2)
- Animal Law (1)
- Antitrust and Trade Regulation (1)
- Banking and Finance Law (1)
- Civil Rights and Discrimination (1)
- Communications Law (1)
- Contracts (1)
- Criminology and Criminal Justice (1)
- Dispute Resolution and Arbitration (1)
- Keyword
-
- Rose v. Council for Better Education (4)
- School finance litigation (4)
- Damages (3)
- Supreme Court of the United States (3)
- CWA (2)
-
- Conservation (2)
- Functional (2)
- Giuliani v. Guiler (2)
- Injury (2)
- Jury (2)
- Kentucky (2)
- Land use (2)
- Parental consortium (2)
- Property (2)
- SCOTUS (2)
- Wrongful death (2)
- Activists (1)
- Adams v. Comair (1)
- Aesthetic (1)
- Aesthetic design feature (1)
- Aesthetic-abundance principle (1)
- Afghanistan (1)
- Anecdotes (1)
- Animal managers (1)
- Animal welfare (1)
- Antebellum (1)
- Anticipation of litigation (1)
- Antitrust (1)
- Attitudinal Model (1)
- Balance of powers (1)
- Publication
- Publication Type
Articles 1 - 30 of 64
Full-Text Articles in Law
Commas And Colons And Semicolons - Oh My! 10 Rules To Remember, Diane B. Kraft
Commas And Colons And Semicolons - Oh My! 10 Rules To Remember, Diane B. Kraft
Law Faculty Popular Media
In this column for Kentucky Bar Association's magazine (B&B - Bench & Bar), Professor Kraft provides ten helpful grammar rules for commas. colons, and semicolons.
Brief Of Amicus Curiae Id Software Llc In Support Of Respondents, Paul E. Salamanca, James T. Drakeley, D. Wade Cloud Jr., Kevin J. Keith, J. Griffin Lesher, Amy Yeung
Brief Of Amicus Curiae Id Software Llc In Support Of Respondents, Paul E. Salamanca, James T. Drakeley, D. Wade Cloud Jr., Kevin J. Keith, J. Griffin Lesher, Amy Yeung
Law Faculty Advocacy
No abstract provided.
Making Stuff Up, Richard H. Underwood
Making Stuff Up, Richard H. Underwood
Law Faculty Scholarly Articles
Beginning with an article in this Journal almost thirty years ago, Professor Underwood continues to research and write about legal ethics and litigation. In this Commentary, he offers a witty look at several cases where, in his opinion, the judge allowed improper arguments to the jury.
Discretionary Pricing, Mortgage Discrimination, And The Fair Housing Act, Robert G. Schwemm, Jeffrey L. Taren
Discretionary Pricing, Mortgage Discrimination, And The Fair Housing Act, Robert G. Schwemm, Jeffrey L. Taren
Law Faculty Scholarly Articles
For generations, mortgage lending has always been the gateway to the American dream of homeownership, and, historically, has also been characterized by widespread discrimination against racial and ethnic minorities and their communities. Mortgage discrimination in the modem era has often been accomplished through a technique known as discretionary pricing, in which lenders allow their loan officers and brokers to increase borrowers' costs from an objectively determined base rate. In the past decade alone, discretionary pricing has cost minority homeowners billions of dollars in extra payments, which, in tum, has led these minorities to suffer higher foreclosure rates than whites and …
The Role Of Trust Protectors In American Trust Law, Richard C. Ausness
The Role Of Trust Protectors In American Trust Law, Richard C. Ausness
Law Faculty Scholarly Articles
“A trust is an arrangement whereby one person (the trustor) transfers property to another person or entity (the trustee) and directs the trustee to hold the property for the benefit of another person (the beneficiary).” These days, trustees often have significant discretionary and administrative powers. The increased use of institutional trustees, as well as the growing sophistication and complexity of modern trust asset management, have induced many settlors to give their trustees greater power and discretion. In addition, many states have enacted statutes, such as the Uniform Trustees’ Powers Act or the Uniform Trust Code (UTC), that confer broad powers …
The “New” Presumption Against Preemption, Mary J. Davis
The “New” Presumption Against Preemption, Mary J. Davis
Law Faculty Scholarly Articles
Is there or isn't there a “presumption against preemption”? The Supreme Court continues to mention it, but then does, or does not, apply it in a way that helps us understand what it is. This Article explores the Court's preemption opinions in the last several decades, particularly its most recent pronouncements, and concludes that, indeed, there is a presumption against preemption. It is a "new" presumption in the sense that it is born of the Court's active preemption docket in the last two decades, which has more narrowly defined both express and implied preemption analysis. The "new" presumption is stronger …
Relationship And Injury Trends In The Homicide Of Women Across The Lifespan: A Research Note, Carol E. Jordan, Adam J. Pritchard, Danielle Duckett, Pamela Wilcox, Tracey Corey, Mandy Combest
Relationship And Injury Trends In The Homicide Of Women Across The Lifespan: A Research Note, Carol E. Jordan, Adam J. Pritchard, Danielle Duckett, Pamela Wilcox, Tracey Corey, Mandy Combest
Office for Policy Studies on Violence Against Women Publications
In 2006, more than 3,600 women in the United States lost their lives to homicide. Descriptive data regarding homicides of women are beginning to reveal important complexities regarding victim–offender relationships, severity of injury, and age of female homicide victim. More specifically, there is some indication that the correlation between victim–offender relationship and injury severity may be conditional, depending on victim age. This retrospective review accessed medical examiner records of female homicide victims from 2002 through 2004, and its findings offer additional illumination on the trends in associations of injury and relationship variables in the homicide of women over their life …
Foreword: Rights, Remedies, And Rose, Scott R. Bauries
Foreword: Rights, Remedies, And Rose, Scott R. Bauries
Law Faculty Scholarly Articles
In this Foreword to the University of Kentucky’s “Rose at 20” Special Feature, I seek to introduce the three featured articles, as well as to identify two major paradigm shifts in school finance litigation that grew out of the Kentucky Supreme Court’s decision in Rose v. Council for Better Education. The Rose decision is commonly thought of as a bridge between prior education litigation strategies founded primarily on theories of equity or equality and subsequent litigation strategies founded primarily on theories of adequacy. Although the distinction between these two strategies is well-worn, it obscures two important changes to …
Is There An Elephant In The Room?: Judicial Review Of Educational Adequacy And The Separation Of Powers In State Constitutions, Scott R. Bauries
Is There An Elephant In The Room?: Judicial Review Of Educational Adequacy And The Separation Of Powers In State Constitutions, Scott R. Bauries
Law Faculty Scholarly Articles
Scholarship of education finance adequacy litigation has nearly universally acknowledged the thorny separation of powers problem that this form of litigation presents for state courts. This scholarship tacitly assumes a uniform approach to separation of powers among the states – one that defaults to the federal approach. Proposals for adjudicatory reforms purport either to respect separation of powers principles as we know them from federal case law or to reject the notion that such principles should have real operation in any state courts. However, this scholarship has not addressed, or even acknowledged, what would seem to be a very large …
Breathing Easier: Equal Protection And Workers' Compensation For Coal Workers' Pneumoconiosis In Durham V. Peabody Coal Company, Matthew C. Cocanougher
Breathing Easier: Equal Protection And Workers' Compensation For Coal Workers' Pneumoconiosis In Durham V. Peabody Coal Company, Matthew C. Cocanougher
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
When Politics Profoundly Affect The Agriculture Industry: The Role Of Judicial Review Of Administrative Actions In North Carolina Growers' Ass'n, Inc. V. Solis, R. Ramsey Groves
When Politics Profoundly Affect The Agriculture Industry: The Role Of Judicial Review Of Administrative Actions In North Carolina Growers' Ass'n, Inc. V. Solis, R. Ramsey Groves
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
The Anticipation Misconception, Colin P. Marks
The Anticipation Misconception, Colin P. Marks
Kentucky Law Journal
No abstract provided.
Law And Ideology In The U.S. Courts Of Appeals Judicial Review Of Federal Agency Decisions, Jerry D. Thomas
Law And Ideology In The U.S. Courts Of Appeals Judicial Review Of Federal Agency Decisions, Jerry D. Thomas
University of Kentucky Doctoral Dissertations
The attitudinal model of judicial behavior dominates judicial politics scholarship, including studies of federal courts and agencies. Extant research finds limited support for legal constraints as determinants of judge behavior when agency decisions are under review. Attitudinal scholars suggest judges substitute their policy preferences in place of agency preferences. Contrarily, the legal model suggests judges defer to agencies because of procedures and doctrine rooted in the rule of law.
This study tests hypotheses predicting whether federal agency review decisions in the U.S. Courts of Appeals during 1982-2002 are a function of judges‘ attitudes, namely ideology, or a function of legal …
Remembering The Endangered "Child": Limiting The Definition Of "Safe Haven" And Looking Beyond The Safe Haven Law Framework, Lucinda J. Cornett
Remembering The Endangered "Child": Limiting The Definition Of "Safe Haven" And Looking Beyond The Safe Haven Law Framework, Lucinda J. Cornett
Kentucky Law Journal
No abstract provided.
The Politics Of Urban Natural Areas Management At The Local Level: A Case Study, Steven M. Davis
The Politics Of Urban Natural Areas Management At The Local Level: A Case Study, Steven M. Davis
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
The Energy Independence And Security Act Of 2007: Can Biotechnology Help Overcome Potential Obstacles To Meeting Its Energy Goals?, Blair H. Moses
The Energy Independence And Security Act Of 2007: Can Biotechnology Help Overcome Potential Obstacles To Meeting Its Energy Goals?, Blair H. Moses
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
A Historical View Of The Solutions Offered To Regulate Concentrated Animal Feeding Operations Under The Clean Water Act: What Has Been Learned?, John C. Becker, John H. Howard
A Historical View Of The Solutions Offered To Regulate Concentrated Animal Feeding Operations Under The Clean Water Act: What Has Been Learned?, John C. Becker, John H. Howard
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
Horse Cents: A Tax Guide For Homeowners Offering Their Homes For Rent During The World Equestrian Games, Meghan Jackson Tyson
Horse Cents: A Tax Guide For Homeowners Offering Their Homes For Rent During The World Equestrian Games, Meghan Jackson Tyson
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
Green V. Alpharma, Inc.: The Causal Connection Between The Use Of Growth Hormones In Chicken Feed And Cancer And Its Impact On The Agricultural Industry, Sunni R. Harris
Green V. Alpharma, Inc.: The Causal Connection Between The Use Of Growth Hormones In Chicken Feed And Cancer And Its Impact On The Agricultural Industry, Sunni R. Harris
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
Churchill Downs, Inc. V. Thoroughbred Horsemen's Group, Llc "Antitrust Liability And The Horse Racing Industry", Tara N. Hester
Churchill Downs, Inc. V. Thoroughbred Horsemen's Group, Llc "Antitrust Liability And The Horse Racing Industry", Tara N. Hester
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
Jockey Advertising Regulations In Horseracing, Natasha C. Farmer
Jockey Advertising Regulations In Horseracing, Natasha C. Farmer
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
Smooth Transition Or Unfair Burden? Evaluating The Constitutionality Of The Fair And Equitable Tobacco Reform Act In Swisher International, Inc. V. Schafer, Cara C. Houlehan
Smooth Transition Or Unfair Burden? Evaluating The Constitutionality Of The Fair And Equitable Tobacco Reform Act In Swisher International, Inc. V. Schafer, Cara C. Houlehan
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
Federal Preemption In Metro Taxicab Board Of Trade V. City Of New York: A Red Light For Local Green Laws, Derek Leslie
Federal Preemption In Metro Taxicab Board Of Trade V. City Of New York: A Red Light For Local Green Laws, Derek Leslie
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
Communicating Climate Change: Strategies To Motivate The Agricultural Sector, Barclay Rogers
Communicating Climate Change: Strategies To Motivate The Agricultural Sector, Barclay Rogers
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
Reconciling Development And Natural Beauty: The Promise And Dilemma Of Conservation Easements, Zachary A. Bray
Reconciling Development And Natural Beauty: The Promise And Dilemma Of Conservation Easements, Zachary A. Bray
Law Faculty Scholarly Articles
Local and regional private land trusts are among the most important and most numerous conservation actors in contemporary America, and conservation easements are perhaps the key land conservation tools used by these trusts. In recent decades, privately held conservation easements and local and regional private land trusts have grown at a rapid and increasing rate, and the total acreage protected by privately held conservation easements is now larger than some states. The early growth of privately held conservation easements met widespread approval, but more recently, contemporary conservation easement practice has attracted many critics, based in part on well-publicized national scandals …
Uk Law Notes, 2010, University Of Kentucky College Of Law
Uk Law Notes, 2010, University Of Kentucky College Of Law
Annual Magazines
No abstract provided.
An Alternate Functionality Reality, Harold R. Weinberg
An Alternate Functionality Reality, Harold R. Weinberg
Law Faculty Scholarly Articles
Trade dress law does not protect the appearance of a product design feature (e.g., a product's configuration) against unauthorized copying if the feature is functional, but may protect the appearance if the feature is nonfunctional. The functionality doctrine is intended to preserve competition in the market for a product incorporating a design feature that allegedly is protected by trade dress law, and to avoid conflicts between trade dress law and patent law. The Supreme Court last addressed the functionality doctrine in TrafFix Devices, Inc. v. Marketing Displays, Inc. The Court intended TrafFix to “choke off” anticompetitive trade dress “strike suits.” …
Conditional Spending And Compulsory Maternity, Nicole Huberfeld
Conditional Spending And Compulsory Maternity, Nicole Huberfeld
Law Faculty Scholarly Articles
More than forty-six million Americans are uninsured, and many more are seeking government assistance, which makes congressional spending for federal programs a significant issue. Federal funding often comes with prerequisites in the form of statutory conditions. This Article examines the impact that conditions placed on federal healthcare spending have on the individuals who rely on that spending by exploring the ongoing disconnect between Spending Clause jurisprudence and women's reproductive rights. The first Part reviews the foundational Supreme Court precedents and places them in context from both a statutory and theoretical perspective. The second Part studies what the author denominates "pure …
A Behavioral Approach To Human Rights, Andrew K. Woods
A Behavioral Approach To Human Rights, Andrew K. Woods
Law Faculty Scholarly Articles
For the last sixty years, scholars and practitioners of international human rights have paid insufficient attention to the ground level social contexts in which human rights norms are imbued with or deprived of social meaning. During the same time period, social science insights have shown that social conditions can have a significant impact on human behavior. This Article is the first to investigate the far-ranging implications of behavioralism—especially behavioral insights about social influence—for the international human rights regime. It explores design implications for three broad components of the regime: the content, adjudication, and implementation of human rights. In addition, the …
The Impact Of Wyeth V. Levine On Fda Regulation Of Prescription Drugs, Richard C. Ausness
The Impact Of Wyeth V. Levine On Fda Regulation Of Prescription Drugs, Richard C. Ausness
Law Faculty Scholarly Articles
On March 4, 2009, the United States Supreme Court decided Wyeth v. Levine. In that case, the Court concluded that the plaintiff's failure to warn claim against the makers of the drug Phenergan was not impliedly preempted by the Food, Drug and Cosmetic Act (FDCA). In doing so, the Court rejected the argument of the U.S. Food and Drug Administration (FDA) that tort claims of this nature stand as an obstacle to federal regulatory objectives. This article evaluates the Court's opinion in Wyeth and examines that decision's impact on subsequent litigation in the area of prescription drug labeling. In …