Law Commons^™

Lasix And Horseracing: Till Death Do Them Part, Wes Bright

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Let's Horse Around: How Utilizing Equine And Horsemanship Activities Furthers The Goals Of The Juvenile Detention Alternatives Initiative, Yvette Delaguardia

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Unbridled "Spirits": An Integrated Analysis Of The Law, The Science, And The Future Of Thoroughbred Medication, Alexandra D. Logsdon

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

California's Proposition 37: Will Its Failure Forecast The Fate Of The Gm Food Labeling Movement In The United States Once And For All?, Meredith K. Schuh

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Defying The Law: Northern Plains Resource Council, Inc. V. Surface Transportation Board And The State Of Nepa Jurisprudence, Rachel Shelton

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Dios Mio: The Kiss Principle Of The Ethical Approach To Copyright And Right Of Publicity Law, Michael D. Murray

Law Faculty Scholarly Articles

To copy or not to copy, to exploit the famous celebrity image or not to exploit it; these are the questions. The message of the modern legal world communicated through multiple voices in the academy is that copying often is perfectly acceptable and even laudable. An artist or designer might conclude that it is both legal and ethical to use whatever you can, use whatever you can get away with, and use it until you get sued for using it. Yet plagiarism in the arts and sciences is nearly universally condemned. This Article proposes an ethical approach to the use …

Reviving The Federal Crime Of Gratuities, Sarah N. Welling

Law Faculty Scholarly Articles

The federal crime of gratuities prohibits people from giving gifts to federal public officials if the gift is tied to an official act. Both the donor and the donee are liable. The gratuities crime is dysfunctional in two main ways. It is overinclusive in that it covers conduct indistinguishable from bribery. It is underinclusive in that it does not cover conduct that is clearly dangerous: gifts to public officials because of their positions that are not tied to a particular official act.

This Article argues that Congress should extend the crime of gratuities to cover gifts because of an official’s …

Death, Taxes, And Property (Rights): Nozick, Libertarianism, And The Estate Tax, Jennifer Bird-Pollan

Law Faculty Scholarly Articles

The primary purpose of this Article is to dispute the moral claims to post-death property rights made by libertarians when they argue against the estate tax. As I will show later in this Article, my argument does not necessarily entail enacting an estate tax, nor does it require a particular level of tax. I am merely trying to demonstrate that those who argue that the estate tax is an immoral violation of the private property rights of the deceased are mistaken. This is not to say that the estate of the deceased should necessarily pass to the government. It is …

No Roses Without Thorns: Global Consumers Of Cut Flowers As Political Actors, Prabhakar Singh

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

The Supreme Court And The Ppl Montana Case: Examining The Relationship Between Navigability And State Ownership Of Submerged Lands, Richard C. Ausness

Law Faculty Scholarly Articles

The United States Supreme Court held in PPL Montana v. Montana held that the State of Montana did not own the beds beneath certain rivers and, therefore, rejected the State's claim that the power company owed it millions of dollars in "back rent" for the use of the riverbeds as sites for ten of its hydroelectric power plants. The Montana Supreme Court, which had ruled in favor of the State, declared that even if portions of a river were not navigable for commercial purposes because of physical conditions, the entire river would be treated as navigable if commercial traffic could …

The Scopes Monkey Trial Revisited: How The Coal Industry And The Surface Mining States Ignore Science To The Detriment Of The Appalachian Environment, Sarah J. Surber

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

The Promise Of Parentheticals: An Empirical Study Of The Use Of Parentheticals In Federal Appellate Briefs, Michael D. Murray

Law Faculty Scholarly Articles

This article on current trends in briefing reports an empirical study of the use of parentheticals in federal appellate court briefs submitted between February 1, 2011, and July 31, 2011. The study was designed to answer this question: How are parentheticals currently used for rhetorical purposes in appellate briefs to explain a synthesis of authorities? My hypothesis entering the study was that parentheticals currently are used beyond a simple informational function in citation forms for four rhetorical purposes: (1) to quote and highlight portions of authorities ("quotation" function), (2) to explain and illustrate the principles induced from a synthesis of …

Procedural Fairness In Election Contests, Joshua A. Douglas

Law Faculty Scholarly Articles

This Article uncovers the different mechanisms states use to resolve election contests. One universal rule regarding post-election disputes is that "[t]here is no common law basis for election challenges." As the Iowa Supreme Court explained, "[t]he right to contest an election is only conferred by statute, and contestants must strictly comply with the provisions of the statute in order to confer jurisdiction. Thus, contestants are limited to the scheme provided by the legislature." An inquiry into election contests therefore entails a survey of state election statutes and constitutions. Although it is possible that parties may file in federal court and …

To Hava, And Beyond!, Joshua A. Douglas

Law Faculty Scholarly Articles

Book review of Martha Kropf and David C. Kimball, Helping America Vote: The Limits of Election Reform. New York, NY: Routledge, 2012, 154 pp., $41.95 (paperback).

Heed Not The Umpire (Justice Ginsburg Called Nfib), Nicole Huberfeld

Law Faculty Scholarly Articles

The pervasiveness of our healthcare problem seems to have bypassed most justices on the Supreme Court in the landmark case National Federation of Independent Business v. Sebelius (NFIB). And early commentary predominantly has focused on the constitutionality of the individual mandate, which codified the idea that Americans must have minimum health insurance coverage by January 1, 2014 or pay a tax penalty. Further narrowing the conversation, much of the postdecision commentary has also focused on Chief Justice Roberts’s constitutional analysis and its interplay with the joint dissent. This narrow scrutiny has resulted in missed opportunities: first, a critique of …

Where There Is A Right, There Must Be A Remedy (Even In Medicaid), Nicole Huberfeld

Law Faculty Scholarly Articles

This Article will explore the power struggle that Medicaid invites and its potential elevation due to the pressures that will follow the Patient Protection and Affordable Care Act’s (ACA) expansion. Part I of this Article will describe the three phases of private enforcement litigation and how they have affected Medicaid reimbursement rates. This Part also will highlight the deceptive stability that has taken root in the lower federal courts by describing the recent state attempts to end private enforcement actions. The first Part will conclude by briefly considering the nature of the federalism arguments that states are making. Part II …

Effects Of Restaurant Tax And Price Increases: Implications For Managers, Policy Makers, And Lobbyists, Junghee Han

Theses and Dissertations--Retailing and Tourism Management

Legislation has been proposed in Kentucky that would authorize city legislative bodies to levy a tax on restaurant meals of no more than 3%, regardless of the size of the city. The bill has garnered attention from Kentucky Travel Industry Association, the Kentucky Restaurant Association, and local tourism and restaurant organizations and associations that oppose the tax. The Kentucky League of Cities, an organization that represents the interests of city governments, supports the tax. The purpose of this research was to examine how a change in the tax rate on restaurant meals would affect restaurant demand. Effects of changes in …

Ecclesia Semper Reformanda Est: Radical Reformation And The Irs, Mason Powell

Kentucky Law Journal

No abstract provided.

State Treason: The History And Validity Of Treason Against Individual States, J. Taylor Mcconkie

Kentucky Law Journal

No abstract provided.

Overcoming The Unfortunate Legacy Of Haditha, The Stryker Brigade "Kill Team," And Pantano: Establishing More Effective War Crimes Accountability By The United States, Alan F. Williams

Kentucky Law Journal

No abstract provided.

Compelled Investigatory And Testimonial Speech: An Overdue Clarification Of The Public Employee Speech Doctrine That Rehabilitates "All Of The Values At Stake", Molly K. Smith

Kentucky Law Journal

No abstract provided.

Transforming Domestic Violence Representation, Jane K. Stoever

Kentucky Law Journal

The dominant theories used in the law to explain domestic violence, namely, the Power and Control Wheel and the Cycle of Violence, provide only limited insight into intimate partner abuse. Both theories focus exclusively on the abusive partner' wrongful actions, consistent with recent decades' concentration on criminalization, but fail to educate about the survivor's needs and efforts to end violence. The Stages of Change Model, conversely, reveals that domestic abuse survivors seek an end to relationship violence through a five-stage cyclical sequence and identifies the survivor's needs and actions at each stage. This critical information should inform the representation of …

The Sentence Of Hiv, Carrie Griffin Basas

Kentucky Law Journal

No abstract provided.

Closing The Door On Subjective Reasonableness: Evaluating Police-Created Exigencies And The Issues With The Doctrinal Shift To Objectivity In Warrantless Searches, Gordon L. Mowen Ii

Kentucky Law Journal

No abstract provided.

He Said, She Said, Let's Hear What The Data Say: Sexual Harassment In The Media, Courts, Eeoc, And Social Science, Joni Hersch, Beverly Moran

Kentucky Law Journal

No abstract provided.

White Collar Overcriminalization: Deterrence, Plea Bargaining, And The Loss Of Innocence, Lucian E. Dervan

Kentucky Law Journal

No abstract provided.

Kàn Bú Tài Dong: The Fair Housing Act, Language Discrimination, And Chinese Classifieds, R. Ian Forrest

Kentucky Law Journal

No abstract provided.

Justice Holmes's Bad Man And The Depleted Purposes Of Punitive Damages, Jill Wieber Lens

Kentucky Law Journal

No abstract provided.

Balancing Donor Intent With Museum Needs: Proposed Deaccession Planning Strategies For Art Bequeathed To Museums, Virginia D. Ryan

Kentucky Law Journal

No abstract provided.

Watching The Watchmen: Drone Privacy And The Need For Oversight, Ben Jenkins

Kentucky Law Journal

No abstract provided.