Law Commons^™

Justice John Marshall Harlan: Lectures On Constitutional Law, 1897-98, Brian L. Frye, Josh Blackman, Michael Mccloskey

Law Faculty Scholarly Articles

From 1889 to 1910, while serving on the United States Supreme Court, the first Justice John Marshall Harlan taught at the Columbian College of Law, which later became The George Washington School of Law. During the 1897–1898 academic year, one of Harlan’s students, George Johannes, along with a classmate, transcribed verbatim the twenty-seven lectures Justice Harlan delivered on constitutional law. In 1955, Johannes sent his copy of the transcripts to the second Justice Harlan, who eventually deposited them in the Library of Congress.

To create this annotated transcript of Justice Harlan’s lectures, Professor Frye purchased a microfilm copy of Johannes’s …

Justice John Marshall Harlan: Professor Of Law, Brian L. Frye, Josh Blackman, Michael Mccloskey

Law Faculty Scholarly Articles

From 1889 to 1910, while serving on the United States Supreme Court, the first Justice John Marshall Harlan taught at the Columbian College of Law, which became the George Washington University School of Law. For two decades, he primarily taught working-class evening students in classes as diverse as property, torts, conflicts of law, jurisprudence, domestic relations, commercial law, evidence-and most significantly-constitutional law.

Harlan's lectures on constitutional law would have been lost to history, but for the enterprising initiative-and remarkable note-taking-of one of Harlan's students, George Johannes. During the 1897-98 academic year, George Johannes and a classmate transcribed verbatim the twenty-seven …

When Is Copying Ok In Legal Writing?, Diane B. Kraft

Law Faculty Popular Media

In this column for Kentucky Bar Association's magazine (B&B - Bench & Bar), Professor Diane B. Kraft discusses the best practices for copying in legal writing.

With Liberty And Access For Some: The Aca's Disconnect For Women's Health, Nicole Huberfeld

Law Faculty Scholarly Articles

This Article will scrutinize the separation of abortion from other aspects of women's health through the vehicle of the Patient Protection and Affordable Care Act (ACA). Part I will examine briefly why the fragmented nature of American healthcare has facilitated the separation of abortion from women's health, despite the fact that abortion is a medically necessary procedure for many women. To that end, this Part will explore the disjointed history of access to medicine juxtaposed against the strangely non-woman-centric nature of the fundamental rights at play in reproductive health. Part II will provide an overview of the ACA to explain …

Reply Brief For Appellant, Ramirez V. Nietzel, Melissa N. Henke

Law Faculty Advocacy

No abstract provided.

Child Pornography And The Restitution Revolution, Cortney E. Lollar

Law Faculty Scholarly Articles

Victims of child pornography are now successfully seeking restitution from defendants convicted of watching and trading their images. Restitution in child pornography cases, however, represents a dramatic departure from traditional concepts of restitution. This Article offers the first critique of this restitution revolution. Traditional restitution is grounded in notions of unjust enrichment and seeks to restore the economic status quo between parties by requiring disgorgement of ill-gotten gains. The restitution being ordered in increasing numbers of child pornography cases does not serve this purpose. Instead, child pornography victims are receiving restitution simply for having their images viewed. This royalty-type approach …

Keeping Up With New Legal Titles, Franklin L. Runge

Law Faculty Scholarly Articles

In this book review, Franklin L. Runge discusses The Treason Trial of Aaron Burr: Law, Politics, and the Character Wars of the New Nation by R. Kent Newmyer.

A Comparison Of The Role Of The Employer In The French And U.S. Health Care Systems, Kathryn L. Moore

Law Faculty Scholarly Articles

The United States is unique among developed nations in its heavy reliance on employment-based health insurance. The United States, however, is not the only nation in which employers play an important role in the financing of health care. Indeed, long before employment-based health insurance became common in the United States, countries with social insurance systems, such as France, Germany, Hungary, and the Czech Republic, provided for the delivery of mandatory social insurance benefits, including health insurance, through the workplace.

This article explores the role of the employer in the health care system in one such country: France. The French health …

Bankruptcy Voting And The Designation Power, Christopher W. Frost

Law Faculty Scholarly Articles

Chapter 11 of the Bankruptcy Code is the only form of bankruptcy that requires winning the consent of the creditor body. Creditors are given the right to vote based on an underlying assumption that they will cast their votes to maximize recovery on their claims. When creditors collectively vote to further these distributional goals, then the estate in turn should realize the maximum value for its assets. "Value maximization" is one of the fundamental goals of chapter 11, and voting in bankruptcy is an important way of achieving that goal.

The problem with these assumptions is that creditors sometimes vote …

Becoming Director: An Internal Candidate's View, Pat A. Newcombe, James M. Donovan

Law Faculty Scholarly Articles

Articles reviewing the challenges of assuming a library directorship typically begin in the middle of the story. The new hire arrives from another campus to face a range of challenges. The accounts from there go on to extract a general map of the initial experiences along with helpful tools to navigate this intimidating terrain. That view, we suggest, obscures natural fault lines within the community of new directors. These divisions can fundamentally influence the initial experiences upon which the authors are offering their advice.

On such variable concerns the route by which the successful applicant has been named the new …

Discouraging Election Contests, Joshua A. Douglas

Law Faculty Scholarly Articles

This essay offers a few proposals for discouraging losing candidates from contesting the certified result of an election. The ultimate goal in any election, of course, is to ensure that a state declares as the winner the person who actually received the most votes. But when an election is close, a candidate on the losing side might see an incentive to continue the fight in the courts on the off-chance that it would change the outcome. The candidate could challenge, for example, certain provisional or absentee ballot—even if the likelihood that the candidate will win is slim (but still theoretically …

Brief For Appellant, Ramirez V. Nietzel, Melissa N. Henke

Law Faculty Advocacy

No abstract provided.

Commentary: Hospital Tax-Exempt Policy: A Comparison Of Schedule H And State Community Benefit Reporting Systems, Laura L. Hitchcock

Frontiers in Public Health Services and Systems Research

In Hospital Tax-Exempt Policy: A Comparison of Schedule H and State Community Benefit Reporting Systems, Rosenbaum et aldescribe the numerous variations between current state law in 24 states and federal requirements regarding nonprofit hospitals’ community benefit activities. The potential for nonprofit hospitals to help shape community health is great, and how states choose to address requirements regarding community benefit, and potentially reinforce the new federal requirements to incentivize hospital participation in addressing root causes of poor health, should be of significant interest to the public, policy makers and public and population health experts, given the large percentage of …

Hospital Tax-Exempt Policy: A Comparison Of Schedule H And State Community Benefit Reporting Systems, Sara Rosenbaum, Maureen Byrnes, Amber M. Rieke

Frontiers in Public Health Services and Systems Research

The Patient Protection and Affordable Care Act (ACA) revises federal tax exemption standards for nonprofit hospitals by clarifying and augmenting their community benefit obligations. The ACA amendments followed the 2009 launch of Schedule H – the form on which hospital community benefit, financial, and institutional activities are reported and which must be appended to each facility’s annual Form 990 nonprofit institution information return. Schedule H effectively creates a nationwide, standardized, facility-specific, transparent, and fully publicly accessible reporting system covering the nation’s more than 2,900 nonprofit hospitals. Schedule H delineates financial assistance and bad debt, and requires identification of community health …

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 …

Dollars And Horse Sense: Why Prudent Buyers And Sellers Should Account For Article 2 Of The Uniform Commercial Code In Their Equine Sales Contracts, Veronica J. Finkelstein

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

The Clean Air Act: The End Of A Chevron Era?, Erin Murphy

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

What To Do With America's Nuclear Defense Waste: The Hanford Effect, Joseph A. Cohen

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

The Enemy Within: Sexual Assault And Rape In The Us Armed Forces, Dahlia D'Arge

Lewis Honors College Capstone Collection

This paper follows my personal journey in learning about this problem, its legal repercussions for individual soldiers, its history within the United States, the actions which are being taken to remedy it, and its cost to the US military as a whole. By taking a more personal approach and by using my personal experience as an intern as a US Army Judge Advocate Corps office, this paper intends to educate the wider college populace about this issue and its current handling by the US Army from the perspective of an insider.

Identifying Values In Land Use Regulation, Adam J. Macleod

Kentucky Law Journal

No abstract provided.

Uk Law Notes, 2013, University Of Kentucky College Of Law

Annual Magazines

No abstract provided.

A Constitutional "Inquiry" Into The Texas Racing Act: The Physical Presence Requirement For Wagering & The Dormant Commerce Clause, Amanda Stubblefield

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Fracking The Oil And Gas Trade Secrets Of The Marcellus Shale Natural Gas Play, Jeremy I. Maynard

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Plunging Into Endless Difficulties: Medicaid And Coercion In National Federation Of Independent Business V. Sebelius, Nicole Huberfeld, Elizabeth Weeks Leonard, Kevin Outterson

Law Faculty Scholarly Articles

Until the 2011 Term, no Supreme Court decision since the New Deal had struck down an act of Congress as exceeding the federal spending power. The question of unconstitutionally coercive conditions was also novel. Indeed, no federal court had ever found any legislation to be an unconstitutionally coercive exercise of the spending power until the Court decided National Federation of Independent Business v. Sebelius (NFIB) on June 28, 2012. This Article proceeds as follows: Part I discusses the Affordable Care Act's Medicaid expansion in the context of the history and purpose of the Medicaid Act, paying particular attention to facts …

The Kona Coffee Archetype: A Case Study In Domestic Geographic Indication, Jason Foscolo

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

An Analysis Of Factors Responsible For The Decline Of The U.S. Horse Industry: Why Horse Slaughter Is Not The Solution, John Holland, Laura Allen

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Survey Of Damages Measures Recognized In Negligence Cases Involving Animals, Alison M. Rowe

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Mirror, Mirror In The Stall: Animal Cloning And Its Legal Implications For Equine Registry Associations, Mary W. Craig

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

E15 Partial Waivers: How The Epa Exceeded Its Authority And Placed Its Liability On Others, Tyler Brewer

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

The Livestock Seller's Lien: A Source Of Protection For The Cattle Producer, Megan Crenshaw

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.