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Full-Text Articles in Law
Ringers Revisited, Richard H. Underwood
Ringers Revisited, Richard H. Underwood
Law Faculty Scholarly Articles
In this short essay, Professor Underwood addresses an important development in the law dealing with eyewitness testimony and the New Jersey case of State v. Henderson. He gets at the subject by looking back to a 1950s television play starring fellow Kentucky resident, William Shatner. However, in this particular instance, William Shatner would not change the world.
Self-Defense In Kentucky: A Need For Clarification Or Revision, Robert G. Lawson, William S. Cooper
Self-Defense In Kentucky: A Need For Clarification Or Revision, Robert G. Lawson, William S. Cooper
Law Faculty Scholarly Articles
Recent prosecutions have pushed Kentucky’s concept of self-defense beyond the limits of tolerance for complexity and confusion. There is little doubt that there exists a critical need to clarify or to revise the Kentucky law of self-defense. A demonstration of this need and a description of its nature are the principal objectives of this article. To accomplish these objectives, it is necessary to provide some information about the recent history of homicide and self-defense in Kentucky and to describe some important recent interpretations of this law by the Supreme Court of Kentucky.
Legal Ethics And Class Actions: Problems, Tactics And Judicial Responses, Richard H. Underwood
Legal Ethics And Class Actions: Problems, Tactics And Judicial Responses, Richard H. Underwood
Law Faculty Scholarly Articles
Perhaps no procedural innovation has generated more controversy than the class action. As Professor Arthur Miller has observed, debate over “class action problem[s]” has raged at several different levels. For example, opponents and proponents of class actions disagree on whether such actions produce socially desirable results in an economical fashion and whether an already overburdened judiciary can handle the additional supervisory demands of the class action. Recently, a somewhat more ideological dialogue has addressed the merit of publicly funded class actions. Such questions arise only indirectly in the context of class action litigation. However, a certain hostility toward class actions …
Financial Screening In Criminal Cases—Impractical And Irrelevant, William H. Fortune
Financial Screening In Criminal Cases—Impractical And Irrelevant, William H. Fortune
Law Faculty Scholarly Articles
In 1970 Chief Justice Burger, commenting on the work of the ABA Advisory Committee, compared the criminal justice system to a three-legged stool, one leg the judge, the second leg the prosecution, and the third leg the defense lawyer: "We concluded very quickly that that third leg in this context was as essential as the third leg of a stool. We have not quite said it ought to be jurisdictional that you have three parts to this enterprise but we have come very, very close to it." It is time to admit the overriding social need for attorney representation and …
Order Of Presentation As A Factor In Jury Persuasion, Robert G. Lawson
Order Of Presentation As A Factor In Jury Persuasion, Robert G. Lawson
Law Faculty Scholarly Articles
The “law of primacy in persuasion” has been formulated as follows: The side of a controversial issue having the advantage of first position in the order of presentation is more effective in changing opinion than the side presented last, all other factors being equal. Recent experimentation has revealed that “primacy” is not “an indubitable factor in persuasion,” but occurs only under certain conditions. In this article, an effort has been made to evaluate the experimentation conducted in this area of communications research, and to determine if the conditions of the courtroom are such that order of presentation could be expected …