Law Commons^™

Election Law And Civil Discourse: The Promise Of Adr, Joshua A. Douglas

Law Faculty Scholarly Articles

This Article was the result of a Symposium that explored the potential promises of alternative dispute resolution (“ADR”) for resolving election law disputes. Both election law and ADR scholars opined on how ADR can help to achieve various goals for deciding contentious election law cases. My focus in this essay is narrower: I suggest that employing some features of ADR to resolve election disputes can help to improve the civil discourse of our elections and our political culture. That is, certain aspects of ADR can assist in reducing caustic language in election law judicial decisions, in the media’s reporting of …

Special Use Valuation Under The Internal Revenue Code: Does It Matter Now And Will It Matter In The Future?, Rusty Wade Rumley

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Current Events: Reflections On Solar Power Generators' Ground Leasing Of Vacant Tracts, Michael N. Widener

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Horse Racing Regulatory Reform Through Constructive Engagement By Industry Stakeholders With State Regulators, Alexander M. Waldrop, Karl M. Nobert, John W. Polonis

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

The Bait And Switch: Equitable Estoppel And Mine Safety And Health Administration Jurisdiction, Steven A. Neace

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Hydraulic Fracturing Additives: A Solution To The Tension Between Trade Secret Protection And Demands For Public Disclosure, Travis D. Van Ort

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

The Future Of Hemp In Kentucky, Vanessa Rogers

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

The Adverse Effects Of Aquatic Invasive Species On Native Commercial And Recreational Fisheries Of The Great Lakes And The Exacerbation Of The Problem By Judicial Reluctance To Act, Andrew S. Leung

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Mending The Fracture: Bringing Parties Together On High Volume Hydraulic Fracturing Through Alternative Dispute Resolution, Allison Rose

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

The New Fuel Frontier: Biomass Contracting, L. Paul Goeringer, H. L. Goodwin, Michael Popp

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Harvesting A Lawsuit: Challenging The Enforcement And Validity Of Monsanto's Transgenic Seed Patents, Kelly E. Calder

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Naturally Confusing Consumers: Express Federal Preemption Of State Claims Regarding False And Misleading Food Product Labels, Taryn M. Deveau

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Racinos: The Last Hope For Kentucky Horse Racing, William B. Norment Iii

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Valuing Derivative Suits In Mergers Of Food And Natural Resource Corporations Through Analyzing The Massey And Alpha Natural Resources Merger: Methods Of Ensuring Corporate Accountability And Maximizing Shareholder Value, Robert Proudfoot

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

The New Progressive Property And The Low-Income Housing Conflict, Zachary A. Bray

Law Faculty Scholarly Articles

The foundation of property law has been much debated in recent years, as several scholars have sought to provide a theoretical alternative to what they call the dominant, “law-and-economics” approach to property. In place of the law-and-economics approach, these scholars advance a new theoretical approach, which I call “the new progressive property.” At its core, this new approach favors rules thought to promote the collective well-being of the larger community while ensuring that relatively disadvantaged members of society have access to certain basic resources. This Article explores the boundaries and practical implications of the new progressive property. To do so, …

Uk Law Notes, 2012, University Of Kentucky College Of Law

Annual Magazines

No abstract provided.

Overcoming Structural Barriers To Integrated Housing: A Back-To-The-Future Reflection On The Fair Housing Act's "Affirmatively Further" Mandate, Robert G. Schwemm

Law Faculty Scholarly Articles

A key goal of the 1968 Fair Housing Act (“FHA”), which was passed as an immediate response to Dr. Martin Luther King, Jr.’s assassination, was to replace the ghettos with “truly integrated and balanced living patterns.” It hasn’t happened. Today, more than four decades after the FHA’s passage, “residential segregation remains a key feature of America’s urban landscape,” continuing to condemn new generations of minorities to a second–class set of opportunities and undercutting a variety of national goals for all citizens.

But recent developments dealing with an underutilized provision of the FHA – § 3608’s mandate that federal housing funds …

Book Review | The Politics Of Medicaid By Laura Katz Olson, Nicole Huberfeld

Law Faculty Scholarly Articles

In this book review, Professor Nicole Huberfeld examines The Politics of Medicaid, by Laura Katz Olson, which was published in 2010 by Columbia University Press.

American School Finance Litigation And The Right To Education In South Africa, Scott R. Bauries

Law Faculty Scholarly Articles

This paper addresses the South African Constitution's invitation to the Constitutional Court to 'consider foreign law' when interpreting its provisions. Focusing on the education provisions found in section 29 of the Constitution, I make two claims. Firstly, contrary to the developing consensus, American state supreme court jurisprudence in school funding cases makes a poor resource to aid the interpretation of the basic South African right to education, regardless of the quantum of education that the Constitutional Court decides is encompassed by the word 'basic'. Secondly, however, certain aspects of these same American decisions, particularly the space they provide for a …

"What The Frack?" Why Hydraulic Fracturing Is Abnormally Dangerous And Whether Courts Should Allow Strict Liability Causes Of Action, Neal J. Manor

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Botanical Gardens: Driving Plant Conservation Law, Amy Hackney Blackwell

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

After The Great Recession: Law And Economics' Topics Of Invention And Arrangement And Tropes Of Style, Michael D. Murray

Law Faculty Scholarly Articles

In the work, The Great Recession and the Rhetorical Canons of Law and Economics,' the Author examined the role of law and economics in the Great Recession of 2008 and onward by examining neoclassical and contemporary law and economics from the perspective of legal rhetoric. The modern, neoclassical school of law and economics-often labeled the "Chicago School"-has had great influence on the American economy and financial system because of its rhetorical canons: mathematical and scientific methods of analysis and demonstration; the characterization of legal phenomena as incentives and costs; the rhetorical economic concept of efficiency; and rational choice theory as …

For The Love Of Parentheticals: The Story Of Parenthetical Usage In Synthesis, Rhetoric, Economics, And Narrative Reasoning, Michael D. Murray

Law Faculty Scholarly Articles

What follows is a substantive discussion of the reasons why parentheticals are rhetorically advantageous-in other words, why they are so beloved and often employed in appellate briefs and cases. I will examine the use of parentheticals in citation forms, synthesis, rhetoric, economics, and narrative reasoning in an effort to trace the attraction.

What Is Transformative? An Explanatory Synthesis Of The Convergence Of Transformation And Predominant Purpose In Copyright Fair Use Law, Michael D. Murray

Law Faculty Scholarly Articles

Two recent statistical studies confirm that a court finding of “transformation” in a copyright fair use claim virtually assures a finding that the use is fair. This Article analyzes the entire body of United States Supreme Court and United States Courts of Appeals case law applying the transformative test in copyright fair use cases to present two points: first, that the transformative test modifies the first sentence of 17 U.S.C. § 107 — in particular, the terms, “the fair use of a copyrighted work” — rather than simply factor one of the four-factor test; second, in implementing the transformative test, …

The Dialectic Of Obscenity, Brian L. Frye

Law Faculty Scholarly Articles

Until the 1960s, pornography was obscene, and obscenity prosecutions were relatively common. And until the 1970s, obscenity prosecutions targeted art, as well as pornography. But today, obscenity prosecutions are rare and limited to the most extreme forms of pornography.

So why did obscenity largely disappear? The conventional history of obscenity is doctrinal, holding that the Supreme Court’s redefinition of obscenity in order to protect art inevitably required the protection of pornography as well. In other words, art and literature were the vanguard of pornography.

But the conventional history of obscenity is incomplete. While it accounts for the development of obscenity …

The Lexington-Fayette Urban County Board Of Adjustment: Fifty Years Later, Kathryn L. Moore

Law Faculty Scholarly Articles

Fifty years ago, Jesse Dukeminier, Jr. and Clyde Stapleton published a case study of the practice of law before the Lexington-Fayette Urban County (LFUC) Board of Adjustment. This Article presents a new empirical study of the LFUC Board of Adjustment. Specifically, the study covers the eighteen month period from the Board’s July 2007 meeting through its December 2008 meeting. This Article discusses how the practice has changed and improved in the years since the Dukeminier-Stapleton study and the problems and difficulties that still remain.

The Article begins by describing the current procedure before the LFUC Board of Adjustment and how …

Post-Reform Medicaid Before The Court: Discordant Advocacy Reflects Conflicting Attitudes, Nicole Huberfeld

Law Faculty Scholarly Articles

The United States Supreme Court heard two Medicaid cases this term that raise major questions about the program and the tensions it creates between the federal and state governments. On October 3, 2011, the Court heard oral arguments in Douglas v. Independent Living Center of Southern California, a dispute between California and its Medicaid providers regarding reimbursement cuts resulting from California's budget crisis. The Medicaid providers argued that the proposed cuts are so extreme as to violate federal law and thus the Supremacy Clause of the United States Constitution. Their contention hinged on the Equal Access Provision of the Medicaid …

The Unjustified Subsidy: Sovereign Wealth Funds And The Foreign Sovereign Tax Exemption, Jennifer Bird-Pollan

Law Faculty Scholarly Articles

The taxation of Sovereign Wealth Funds in the United States is outmoded and due for reconsideration. Offering a tax exemption to the billion dollar investment funds owned by foreign governments is both unfair and ineffective. Founded in the principles of sovereign immunity, the foreign sovereign tax exemption, codified in I.R.C. § 892, fails to satisfy the Congressional goals that motivated its creation. This Article explains the current taxation of foreign sovereigns and, by extension, Sovereign Wealth Funds. It then illustrates that the current exemption is simultaneously too broad, providing a tax exemption for activities that are clearly nongovernmental activities, and …

The Education Duty, Scott R. Bauries

Law Faculty Scholarly Articles

A constitution is an instrument of entrustment. By adopting a democratic constitution, a polity places in the hands of its elected representatives its trust that those representatives will act to pursue the ends of the polity, rather than their own ends, and that they will do so with an eye toward the effects of adopted policies. In effect, the polity entrusts lawmaking power to its legislature with the expectation that such power will be exercised with loyalty to the public and with due care for its interests. Simply put, legislatures are fiduciaries.

In this Article, I examine the nature of …

“Testing” Fuller’S Forms And Limits: A Brief Response To Oldfather, Bockhorst, & Dimmer, Scott R. Bauries

Law Faculty Scholarly Articles

In Triangulating Judicial Responsiveness, Chad Oldfather, Joseph Bockhorst, and Brian Dimmer give us a methodology by which we can empirically assess (among other things) the effects that argumentation has on judicial decision making. Unlike the vast majority of empirical legal scholarship of judging, the authors do not use this methodology in their current study to compare “legalist” explanations of judging with “realist” explanations of judging. Rather, the study operates almost entirely within the “legalist” frame. This is a welcome development for many reasons, one on which this Response focuses—the authors’ methodology illustrates a way of scientifically “testing” descriptive legal …