Law Commons^™

Florida Water Management Districts And The Florida Water Resources Act: The Challenges Of Basin-Level Management, Ryan B. Stoa

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

How An Environmental Commerce Clause Challenge Presaged The Decision Of Chief Justice Roberts In Nfib V. Sebelius, M. Reed Hopper

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Settlements As An Incentive To Procure Hazardous Waste Site Cleanup: The Third Circuit And A Broad Reading Of Cercla §113(F)(3)(B), Stephen F. Soltis

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

The Dormant Commerce Clause, The Twenty-First Amendment, And A Freer Wine Market: Why Kentucky Must Wine-Down Its Protectionist Laws Restricting The Direct Shipment Of Wine From Out-Of-State Wineries, Aubrey K. Vaughan

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

When Is A Trust Protector A Fiduciary?, Richard C. Ausness

Law Faculty Scholarly Articles

The use of trust protectors has become increasingly popular in the past twenty years. This is largely due to the fact that settlors can use trust protectors to provide more flexibility in trust management, especially for long-term trusts. However, the use of trust protectors is not without some risk. First of all, the legal status of trust protectors is not explicitly recognized in some states. Furthermore, even in those states which do recognize the legality of trust protectors, the nature and extent of their powers is sometimes not always clear. Finally, there is the vexing question of whether trust protectors …

Post-Myriad Genetics Copyright Of Synthetic Biology And Living Media, Michael D. Murray

Law Faculty Scholarly Articles

This Article addresses copyright as a viable form of intellectual property protection for living, organic creations of science and art. The United States Supreme Court's decision in Association for Molecular Pathology v. Myriad Genetics, Inc. narrowed patent-eligible protection over living components of humans or other organisms. Synthetic biologists are expected to look with renewed focus on copyright law for the intellectual property protection of biological creations. The contribution of this Article is to reveal that the same issues are raised with regard to the copyrightability of the works of synthetic biology as are raised by pictorial, graphic, and sculptural arts …

Uk Law Notes, 2014, University Of Kentucky College Of Law

Annual Magazines

No abstract provided.

Kentucky Criminal Law Experts Call For Reform, Cortney E. Lollar

Law Faculty Popular Media

In this article for Bench & Bar Magazine (the Kentucky Bar Association's magazine), Professor Cortney Lollar discusses the Second Annual Forum on Criminal Law in the Commonwealth of Kentucky.

The Right To Vote Under State Constitutions, Joshua A. Douglas

Law Faculty Scholarly Articles

This Article provides the first comprehensive look at state constitutional provisions explicitly granting the right to vote. We hear that the right to vote is "fundamental," the "essence of a democratic society," and "preservative of all rights." But courts and scholars are still searching for a solution to the puzzle of how best to protect voting rights, especially because the U.S. Supreme Court has underenforced the right to vote. The answer, however, is right in front of us: state constitutions. Virtually every state constitution includes direct, explicit language granting the right to vote, as contrasted with the U.S. Constitution, which …

Implementing The Food Safety Modernization Act: An Examination Of The Inequitable Impact Of The Proposed Preventive Controls And Produce Safety Rules, Ben Metzger

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Procedural Predictability And The Employer As Litigator: The Supreme Court’S 2012-2013 Term, Scott R. Bauries

Law Faculty Scholarly Articles

In this contribution to the University of Louisville Law Review’s Annual Carl A. Warns Labor and Employment Institute issue, I examine the Supreme Court’s labor and employment-related decisions from the October Term 2012 (OT 2012). I argue that the Court’s decisions assisted employers as litigators—as repeat players in the employment dispute resolution system—in two ways. First, the Court established simple contract drafting strategies that employers may use to limit their exposure to employment claims. Second, the Court adopted bright-line interpretations of employment statutes. Both forms of assistance served a formalist interest in what I term “procedural predictability”—enhanced employer predictability and …

Life And Death In Kentucky: Past, Present, And Future, Roberta M. Harding

Law Faculty Scholarly Articles

This article provides a historical survey of capital punishment in the Commonwealth of Kentucky, paying particular attention to gender and race. The author concludes that given the lack of recent executions that it is perhaps time to make legislative changes to the Commonwealth’s death penalty practice.

Getting Jurors To Awesome, Cortney E. Lollar

Law Faculty Scholarly Articles

A 2011 American Bar Association report on the death penalty in Kentucky revealed that a shocking two-thirds of the 78 people sentenced to death in Kentucky since reinstatement of the death penalty in 1976 have had their sentences overturned on appeal. Kentucky’s reversal rate is more than twice the national average, with a 31% reversal rate in capital cases and almost four times the 17% national reversal rate in all other case types. With a sentence as irreversible as death, troubling does not begin to describe the depth of concern many experience when viewing such a startling statistic.

A closer …

Electing Fairness: A Check-The-Box-Style Regime For Same-Sex Couples' Tax Filing Status, Jennifer Bird-Pollan

Law Faculty Scholarly Articles

In the wake of the United States Supreme Court's decision regarding the Defense of Marriage Act in United States v. Windsor, tax lawyers and those interested in tax policy immediately wondered what consequences this change would have to the United States' federal tax laws. The Internal Revenue Service issued a Revenue Ruling explaining the position it took regarding the case, which answered many questions for taxpayers whose lives were affected by the decision. Because the IRS announced that it would recognize same-sex marriages based on the state of celebration of the marriage rather than the state of residence of …

A Framework For Judicial Review And Remand In Immigration Law, Collin D. Schueler

Law Faculty Scholarly Articles

This Article breaks new ground at the intersection of administrative law and immigration law. One of the more important questions in both fields is whether a reviewing court should resolve a legal issue in the first instance or remand that issue to the agency. This Article advances the novel claim that courts should use the modem framework for judicial review of agency statutory interpretations to inform their resolution of this remand question. Then, using this framework, the Article identifies when remand is and is not appropriate in immigration cases. This critical analysis, which urges a departure from conventional academic wisdom, …

Keeping Up With New Legal Titles, Tina M. Brooks

Law Faculty Scholarly Articles

In this book review, Tina M. Brooks discusses The Puzzle of Unanimity: Consensus on the United States Supreme Court by Pamela C. Corley, Amy Steigerwalt, and Artemus Ward.

Texas Groundwater And Tragically Stable “Crossovers”, Zachary A. Bray

Law Faculty Scholarly Articles

One recurring question in the academic literature on common-pool resources relates to the persistence of “tragic” commons regimes—systems that encourage, or at least tolerate, the inefficient, wasteful, hazardous, or unfair exploitation of a resource that is easily accessed for and diminished by individual use and consumption. Of course, not all commons are tragic: some common-pool resources invite individual access in efficient, fair, and durable ways. Yet many commonly held resources do lie under systems of governance that are not just tragic but persistently and stubbornly so. Often the tragic aspects of such commons regimes are well known; indeed, for some …

Individual Academic Freedom: An Ordinary Concern Of The First Amendment, Scott R. Bauries

Law Faculty Scholarly Articles

Our Nation is deeply committed to safeguarding academic freedom, which is of transcendent value to all of us, and not merely to the teachers concerned. That freedom is therefore a special concern of the First Amendment, which does not tolerate laws that cast a pall of orthodoxy over the classroom.

There is some argument that expression related to academic scholarship or classroom instruction implicates additional constitutional interests that are not fully accounted for by this Court's customary employee-speech jurisprudence. We need not, and for that reason do not, decide whether the analysis we conduct today would apply in the same …

Milk And Other Intoxicating Choices: Official State Symbol Adoption, Ryan A. Valentin

Law Faculty Scholarly Articles

Although the practice of adopting official state symbols is widespread, little has been written on what legislators, when tasked with choosing a state symbol, should take into consideration. An examination of select official state symbols of the Commonwealth of Kentucky will contribute to an understanding of what official state symbols are, the purpose they serve, the qualities they should reflect, and how the value of symbols adopted may be improved through the application of standard best practices.

Solving Charity Failures, Brian L. Frye

Law Faculty Scholarly Articles

“Crowdfunding” is a way of using the Internet to raise money by asking the public to contribute to a project. In the past, asking a large number of people to contribute small amounts of money to a project was expensive and inefficient for most organizations and individuals. By greatly reducing transaction costs, crowdfunding enables anyone to inexpensively and efficiently seek small contributions to a project. While crowdfunding is a new model of fundraising, it has already transformed funding for the arts. For example, the crowdfunding platform Kickstarter distributed more than forty million dollars to the creators of almost seventy-five hundred …

The Effect Of Adopting Right To Work Laws: A Paired State Approach, Johnny Xu

MPA/MPP/MPFM Capstone Projects

The issue of unionization is an enduring one both politically and economically. A major subset within union studies deal with so-called “right-to-work laws.” States with right to work laws are concentrated heavily in the South and in the Plains states and have been that way since the 1940s or 1950s. The most recent additions of right-to-work states are Indiana and Michigan both in 2012. This paper will contribute to the debate by creating a new and novel dataset to analyze what the effects of adopting right to work laws are for a state over time as well as between a …

The Law Comes To Campus: The Evolution And Current Role Of The Office Of The General Counsel On College And University Campuses, Jason A. Block

Theses and Dissertations--Educational Policy Studies and Evaluation

Much has been written in the literature of higher education on the history and current role of presidents, provosts, and deans. However, higher education scholars have, for the most part ignored the role of institutional in-house attorneys on college and university campuses. Those who have written on the subject of institutional counsel have proffered the idea that in-house general counsel offices were established as a result of the increased regulation of higher education by state and federal governments, and litigation resulting from the faculty and student rights movements of the 1960s and 1970s. This project seeks to provide a detailed …

Quality Assurance Privilege In Nursing Home Litigation: Why Kentucky Should Adopt The Narrow Approach, Hannah R. Jamison

Kentucky Law Journal

No abstract provided.

Sexting And Freedom Of Expression: A Comparative Approach, Joanne Sweeny

Kentucky Law Journal

No abstract provided.

"Hobby-Lobby"-Ing For Religious Freedom: Crafting The Religious Employer Exemption To The Ppaca, Emily Pitt Mattingly

Kentucky Law Journal

No abstract provided.

Promising Protection: 911 Call Records As Foundation For Family Violence Intervention, Linda L. Bryant, James G. Dwyer

Kentucky Law Journal

No abstract provided.

Giving Meaning To "Meaningful Access" In Medicaid Managed Care, Mary Crossley

Kentucky Law Journal

No abstract provided.

Medicaid Evolution For The 21st Century, John V. Jacobi

Kentucky Law Journal

No abstract provided.

Crafting A Narrative For The Red State Option, Elizabeth Weeks Leonard

Kentucky Law Journal

No abstract provided.

Emergency Response: A Systemic Approach To Diaper Rash, Chest Pain, And Medicaid In The Ed, Sallie Thieme Sanford

Kentucky Law Journal

No abstract provided.