Law Commons^™

Reviving Criminal Equity, Cortney Lollar

Law Faculty Scholarly Articles

Recent scholarship has begun to take note of a resurgence of equity in civil cases. Due to a long-accepted premise that equity does not apply in criminal cases, no one has examined whether this quiet revival is occurring in criminal jurisprudence as well. After undertaking such an investigation, this Article uncovers the remarkable discovery that equitable remedies, including injunctions and specific performance, are experiencing a resurgence in both federal and state criminal jurisprudence. Courts have granted equitable relief in a range of scenarios, providing reprieve from unconstitutional bail and probation practices and allowing for an appropriate remedy to ineffective assistance …

The Universality Of Medicaid At Fifty, Nicole Huberfeld

Law Faculty Scholarly Articles

This essay explores how the law of Medicaid after fifty years creates a meaningful principle of universalism by shifting from fragmentation and exclusivity to universality and inclusivity. The universality principle provides a new trajectory for all of American health care, one that is not based on individual qualities that are unrelated to medical care but rather grounded in non-judgmental principles of unification and equalization (if not outright solidarity). To that end, this Essay first will study the legislative reformation that led to universality and its quantifiable effects. The Essay then will assess and evaluate Medicaid’s new universality across four dimensions, …

Carrots, Sticks And False Carrots: How High Should Weight Control Wellness Incentives Be? Findings From A Population-Level Experiment, Harald Schmidt

Frontiers in Public Health Services and Systems Research

Employers are increasingly using wellness incentives, including penalties for unhealthy behavior. Survey data suggests that people are willing to accept the principle of penalizing those perceived to take health risks, but the equally relevant question of the magnitude of acceptable penalties is unclear.

While the principle of penalizing overweight and obese people has some support, findings from a population-level experiment (n=1,000) suggest that the acceptable size of penalties is comparatively small, around $50: more than 10-fold below levels favored by advocates. Reward-based incentives are favored over penalty-based ones by a factor of 4. Of two different ways of framing penalty …

Accounting For Time: A Relative-Interest Approach To The Division Of Equity In Hybrid-Property Homes Upon Divorce, Lisa Milot

Kentucky Law Journal

No abstract provided.

Limiting Legal Remedies: An Analysis Of Unclean Hands, T. Leigh Anenson

Kentucky Law Journal

No abstract provided.

Social Security Reform: Fundamental Restructuring Or Incremental Change?, Kathryn L. Moore

Law Faculty Scholarly Articles

In light of Social Security's long-term deficit, reform of the system appears inevitable. Commentators and policymakers have offered a wide range of possible reforms. This Article describes and analyzes five possible types of reform: (1) individual accounts, (2) progressive price indexing, (3) general revenue and/or estate tax revenue financing, (4) increasing the maximum taxable wage base, and (5) increasing the normal retirement. The Article opposes the first two proposed changes, individual accounts and progressive price indexing, because they would fundamentally restructure the current system. The Article recommends that Social Security's financing difficulties be addressed by a combination of estate tax …

Redistribution Under A Partially Privatized Social Security System, Kathryn L. Moore

Law Faculty Scholarly Articles

Once viewed as a radical recommendation, proposals to privatize Social Security abound. Moreover, proposals to privatize partially Social Security are beginning to receive serious consideration. Accordingly, this Article will address the likely effect of partial privatization on Social Security's ability to redistribute income. For the purposes of this Article, privatization will refer to proposals that involve individuals directing their own pre-funded individual accounts and bearing the risk of investing in the private market and not to proposals that involve the federal government investing in the private market and bearing the risk. This Article will treat proposals that "add" a defined …

Equity--Contracts In Restraint Of Trade--Partial Enforcement--Ceresia V. Mitchell, James S. Kostas

Kentucky Law Journal

No abstract provided.

Means Of Equitable Protection Against Torts, William Q. De Funiak

Kentucky Law Journal

No abstract provided.

Requisites For Equitable Protection Against Torts, William Q. De Funiak

Kentucky Law Journal

No abstract provided.

Equitable Protection Of Business And Business Rights, William Q. De Funiak

Kentucky Law Journal

No abstract provided.

Equitable Protection Of Personal Or Individual Rights, William Q. De Funiak

Kentucky Law Journal

No abstract provided.

Fusion Of Law And Equity--Suit At Law For Purchase Price Of Land, Henry Howe Bramblet

Kentucky Law Journal

No abstract provided.

Leasehold Rights In Bankruptcy And Equity Proceedings, A. O. Stanley

Kentucky Law Journal

No abstract provided.

Fraud In The Inducement Jurisdiction Of Equity To Relieve In Kentucky, Glenn Denham

Kentucky Law Journal

No abstract provided.

Equity: Restrictive Covenants; Construction Of Covenant To Use Property For Erection Of A Residence, R. T. Sweeney

Kentucky Law Journal

No abstract provided.

Costs As Between Solicitor And Client--Jurisdiction Of Equity To Allow, Clarence Cornelius

Kentucky Law Journal

No abstract provided.

Equity: Specific Performance Of A Contract To Reconvey Land Transferred By Fraudulent Conveyance, W. L. Matthews Jr.

Kentucky Law Journal

No abstract provided.

Equity--Injunction Against An Act Also A Crime, Alan Roth Vogeler

Kentucky Law Journal

No abstract provided.

The Distinction Between The Equity Rule And The Bankruptcy Against Insolvent Estates In Kentucky, Richard Priest Dietzman

Kentucky Law Journal

No abstract provided.

The Use Of The Injunction To Abate Saloons, George O. Eldred

Kentucky Law Journal

No abstract provided.

Equity: Unfair Competition; Protection Of Corporate Name, Andrew Clark

Kentucky Law Journal

No abstract provided.

Equity: Risk Of Loss, Albert R. Jones

Kentucky Law Journal

No abstract provided.