Law Commons^™

Federal Reverse Preemption Of Uninsured And Underinsured Motorist Coverage Offering In The Digital Age: E-Sign And Ueta Have Not Had A Significant Impact On State Offering Or Rejection Requirements, Steven Plitt, Daniel Maldonado, John Wittwer

Kentucky Law Journal

No abstract provided.

Who's Afraid Of The Hated Political Gerrymander?, Luis Fuentes-Rohwer

Kentucky Law Journal

The political gerrymander has few friends among scholars and commentators. Even a majority on the Supreme Court agreed that the practice violates constitutional and democratic norms. Andyet, this is one of the few issues that the US. Supreme Court refuses to regulate. The justices mask their refusal to regulate this area on a professedi nability to divinej uaicially-manageables tandards. In turn, scholars offer new standards for the justices to consider. This is not only a mistake but also misguided. The history of the political question doctrine makes clear that the discovery of manageable standards has never controlled the Court's prior …

Giving Thanks: The Ethics Of Grateful Patient Fundraising, Stacey A. Tovino

Kentucky Law Journal

Grateful patient fundraising, defined as the solicitation ofphilanthropic donations by health care providers from current and former patients, raisesa number of legal and ethical issues. Elsewhere, I detailed the confidentiality issues raised by the use and disclosure of patient identifiable information by hospital development officers, major gifts officers, institutionally-related foundations, and commercial fundraisers, and proposed corrections to federal health information confidentiality regulations to better balance the competing aims of health care philanthropy and health information confidentiality. In this Article, I analyze several outstandingissues raisedby physician involvement in grateful patient fundraising. That is, physicians who solicit philanthropic donations from their own …

Federal Deference To State Agency Implementation Of Federal Law, Emily Stabile

Kentucky Law Journal

Increasingly, federal statutory schemes call upon state agencies to execute federal laws. One such example is the Affordable Care Act--a statute that allows states the option of implementing the requirements of the law and offering health coverage through their own agencies instead of through the Department of Health and Human Services. As more laws like this permit state agencies to carry out federal law, state agencies will be forced to interpret federal law as ambiguities arise. Mhile federal courts have constructed a fairly defined regime for review of agency interpretations under the Chevron and Skidmore doctrines, review of state agencies' …

Regulation Of The Pay Television Market: Why A La Carte Cable Is Not The Solution But Giving The Fcc More Power Is, Jacob Moak

Kentucky Law Journal

No abstract provided.

That's Unfair! Or Is It? Big Data, Discrimination And The Ftc's Unfairness Authority, Dennis D. Hirsch

Kentucky Law Journal

No abstract provided.

Surveillance At The Source, David Thaw

Kentucky Law Journal

Contemporary discussions concerning surveillance focus predominantly on government activity. These discussions are important for a variety of reasons, but they generally ignore a critical aspect of the surveillance--harm calculus--the source from which government entities derive the information they use. The source of surveillance data is the information "gathering" activity itself which is where harms like "chilling" of speech and behavior begin.

Unlike the days where satellite imaging, communications intercepts, and other forms of information gathering were limited to advanced law enforcement, military, and intelligence activities, private corporations now play a dominant role in the collection of information about individuals' activities. …

Privacy And Health Information: The United States And The European Union, Leslie Francis

Kentucky Law Journal

No abstract provided.

One Minute To Midnight: Amending The War Powers Resolution To Confront The Coming Cyber Wars, Benjamin L. Monarch

Kentucky Law Journal

No abstract provided.

Vawa @ 20: Building The Knowledge Base: Research Funding Through Vawa, Claire M. Renzetti, Rebecca M. Campbell, Allison Adair

Sociology Faculty Publications

No abstract provided.

“Danger Is My Business”: The Right To Manufacture Unsafe Products, Richard C. Ausness

Law Faculty Scholarly Articles

While no one would dispute that safety is a desirable objective, it may not always be an absolute priority. Rather, in some cases, other societal interests such as personal autonomy, consumer choice, product cost, and performance may trump legitimate safety goals. This is reflected in some of the doctrines and defenses that have evolved to protect the producers of unsafe products against tort liability. Some of these doctrines, such as those determining liability for the producers of optional safety equipment, inherently dangerous products, products with obvious hazards, and prescription drugs and medical devices, are part of the law of products …

The Lexis Two-Step: After Two Major Updates In 2014, Lexis Advance Empowers Users With Improved Functionality, Beau Steenken

Law Faculty Popular Media

In this article, the author discusses improvements to the Lexis Advance research platform.

What Is Criminal Restitution?, Cortney E. Lollar

Law Faculty Scholarly Articles

A new form of restitution has become a core aspect of criminal punishment. Courts now order defendants to compensate victims for an increasingly broad category of losses, including emotional and psychological losses and losses for which the defendant was not found guilty. Criminal restitution therefore moves far beyond its traditional purpose of disgorging a defendant's ill-gotten gains. Instead, restitution has become a mechanism of imposing additional punishment. Courts, however, have failed to recognize the punitive nature of restitution and thus enter restitution orders without regard to the constitutional protections that normally attach to criminal proceedings. This Article deploys a novel …

Helping International Students Avoid The Plagiarism Minefield: Suggestions From A Second Language Teacher And Writer, Diane B. Kraft

Law Faculty Popular Media

In this column for Perspectives: Teaching and Writing, Professor Diane B. Kraft provides suggestions to address the problem of plagiarism by international law students.

Family Unity Revisited: Divorce, Separation, And Death In Immigration Law, Albertina Antognini

Law Faculty Scholarly Articles

Families are integral to immigration law and policy, and family-based immigration accounts for the majority of legal entry into the United States. Legislative, judicial, and scholarly discussions that address immigration law's family-based categories rely nearly exclusively on the principle of family unification, which has long been a cornerstone policy of immigration law. Yet the family-based provisions of immigration law do more than unify intact families; understanding families as dynamic entities that experience change reveals an immigration system that acknowledges a flexible family structure in determining status.

The principal aim of this Article is to present a more complete description of …

Brief Of Education Law And Educational Measurement Professors As Amici Curiae In Support Of Plaintiffs-Appellants, Cook V. Stewart, Scott R. Bauries, Brian J. Sutherland, Cheryl B. Legare

Law Faculty Advocacy

This appeal, to be decided by the United States Court of Appeals for the 11th Circuit, challenges two egregious misuses of "value-added modeling," a controversial teacher evaluation method that attempts to isolate the affect of one teacher on the learning gains of that teacher's students, as derived from annual standardized test scores. With the approval of the State Appellees, the School District Appellees used the test scores of students who took the Florida Comprehensive Assessment Test in reading and math to evaluate the teaching performance of teachers who either did not teach these students at all, or did not teach …

A Common Law Constitutionalism For The Right To Education, Scott R. Bauries

Law Faculty Scholarly Articles

This Article makes two claims, one descriptive and the other normative. The descriptive claim is that individual rights to education have not been realized under state constitutions because the currently dominant structure of education reform litigation prevents such realization. In state constitutional education clause claims, both pleadings and adjudication generally focus on the equality or adequacy of the system as a whole, rather than on any particular student's educational resources or attainment. The Article traces the roots of the currently dominant systemic approach, and finds these roots in federal institutional reform litigation. This systemic focus leads to a systemic, rather …

An Exploration Of Sexual Victimization And Academic Performance Among College Women, Carol E. Jordan, Jessica L. Combs, Gregory T. Smith

Office for Policy Studies on Violence Against Women Publications

The literature has documented the widespread nature of sexual assault victimization among college women. While the aftermath of violence against university women has also received focus, that is, documenting trauma-related sequelae; risk factors; reporting patterns; and legal interventions, the impact on academic performance has not received adequate attention in the literature. The primary purpose of this study was to explore the association of rape and sexual assault with academic performance among college women. Its specific aims included the following: to compare high school and college sexual assault experiences with collegiate grade point averages (GPAs) at key points in time; to …

Teaching First-Year Law Students To Read So Carefully That They Discover A "Mistake" In A Judicial Opinion, Jane Bloom Grisé

Law Faculty Popular Media

In this column for The Learning Curve, Professor Grisé discusses how to teach critical reading skills to first-year law students.

Same Sex Marriage In A Post-Perry And Windsor America, Kathryn L. Moore, Allison I. Connelly, Ross T. Ewing

Law Faculty Scholarly Articles

These materials accompanied a presentation at the 2014 Kentucky Bar Association Annual Convention entitled Same Sex Marriage in a Post-Perry and Windsor America. The focus of this presentation was on: the legal landscape following major LGBTQ civil rights cases; how these cases would impact families in Kentucky; and any employment or retirement issues.

Tertiary Prevention Programs For Women Who Use Violence In Intimate Relationships, Susan Miller, Lisa Young Larance

NSF-NIJ IPV Prevention Workshop

No abstract provided.

Restorative Justice As An Alternative To Criminalization?, James Ptacek

NSF-NIJ IPV Prevention Workshop

This paper will review the evaluation research on restorative justice (RJ) in cases of intimate partner violence. What do we know about how well RJ ensures the safety and immediate needs of survivors? What do we know about how well survivors feel a sense of justice as a result of these practices? What do we know about the ability of these practices to hold offenders accountable, and to prevent further offending?

Who Benefits And Who Loses In The Criminalization Of Ipv?, Beth E. Richie

NSF-NIJ IPV Prevention Workshop

Click the Download button on the right to access the presentation slides.

Click the Additional File link below to access the paper.

Screening For Ipv In Formal And Informal Settings, Nancy Glass, Elizabeth Miller

NSF-NIJ IPV Prevention Workshop

Overview

Within the last 20 years, gender-based violence (GBV) has gained increased attention globally. GBV is defined as types of violence that primarily women/girls experience, including physical violence (e.g., hitting, punching, kicked, slapped, choked, hurt with a weapon, or otherwise physically hurt), sexual violence (e.g. unprotected forced sex, coercive behaviors, including sexual slavery and coerced abortion), and psychological harm (e.g. controlling behaviors, stalking, threats of violence). These acts of violence are perpetrated by members of women/girl’s family, acquaintances, and/or strangers in the home, community and/or during armed conflict. Globally, an estimated 35% of women experience physical and/or sexual violence in …

Engaging Men In Ipv Prevention, Richard Tolman, Tova Walsh

NSF-NIJ IPV Prevention Workshop

Overview of the Presentation

1. Rationale and framework for engaging boys and men in IPV prevention
2. State of the research
3. Key issues and challenges
4. Priority settings and developmental periods for engaging boys and men
5. Engaging men as fathers
6. Engaging men in couples
7. Global efforts to engage men in primary prevention
8. Men as allies to end gender-based violence
9. Future directions for research

Discussion: Evaluating Bystanding And Similar Primary Prevention Programs, Victoria Banyard

NSF-NIJ IPV Prevention Workshop

No abstract provided.

Primary Prevention Programs In Educational Settings, Ann L. Coker, Eileen Recktenwald

NSF-NIJ IPV Prevention Workshop

What we will cover

• Brief review of programs with efficacy to reduce IPV / SV in educational settings.
• Story of EMPOWER to Green Dot: Practice to Research and back
• Testing a primary prevention bystander based intervention in statewide randomized intervention trial in 26 high schools
• UK and KASAP partnership

Selma To Saigon, Daniel S. Lucks

Civil Rights

The civil rights and anti–Vietnam War movements were the two greatest protests of twentieth-century America. The dramatic escalation of U.S. involvement in Vietnam in 1965 took precedence over civil rights legislation, which had dominated White House and congressional attention during the first half of the decade. The two issues became intertwined on January 6, 1966, when the Student Nonviolent Coordinating Committee (SNCC) became the first civil rights organization to formally oppose the war, protesting the injustice of drafting African Americans to fight for the freedom of the South Vietnamese people when they were still denied basic freedoms at home.

Selma …

Citations: Suggestions For Citing Authority Without Distracting The Reader, Kristin J. Hazelwood

Law Faculty Popular Media

In this column for Kentucky Bar Association's magazine (B&B - Bench & Bar), Professor Hazelwood makes four suggestions to "un-clutter" legal writing. Practitioners are encouraged to: (1) limit string citations; (2) keep citations at the end of the sentence; (3) use explanatory parentheticals to explain the significance of citations, but not to replace text; and (4) avoid unnecessary repetition.

Technology And Client Communications: Preparing Law Students And New Lawyers To Make Choices That Comply With The Ethical Duties Of Confidentiality, Competence, And Communication, Kristin J. Hazelwood

Law Faculty Scholarly Articles

That the use of technology has radically changed the legal profession is beyond dispute. Through technology, lawyers can now represent clients in faraway states and countries, and they can represent even local clients through a “virtual law office.” Gone are the times in which the lawyer’s choices for communicating with clients primarily involve preparing formal business letters to convey advice, holding in-person client meetings in the office, or conducting telephone calls with clients on landlines from the confines of the lawyer’s office. Not only do lawyers have choices about how to communicate with their clients, but they also frequently choose …