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Articles 1441 - 1470 of 6982
Full-Text Articles in Law
Cost Conscious Justice: The Case For Wholly-Informed Discretionary Sentencing In Kentucky, Emily M. Grant
Cost Conscious Justice: The Case For Wholly-Informed Discretionary Sentencing In Kentucky, Emily M. Grant
Kentucky Law Journal
No abstract provided.
Granny Snatching And Personal Jurisdiction--An Argument For A New Federal Interpleader, Brittany Griffin Smith
Granny Snatching And Personal Jurisdiction--An Argument For A New Federal Interpleader, Brittany Griffin Smith
Kentucky Law Journal
No abstract provided.
Material Witness Detentions After Al-Kidd, Wesley Macneil Oliver
Material Witness Detentions After Al-Kidd, Wesley Macneil Oliver
Kentucky Law Journal
No abstract provided.
Cell Phone Searches Incident To Arrest: A New Standard Based On Arizona V. Gant, Ben E. Stewart
Cell Phone Searches Incident To Arrest: A New Standard Based On Arizona V. Gant, Ben E. Stewart
Kentucky Law Journal
No abstract provided.
Overcoming The "Impossible Issue" Of Nonobviousness In Design Patents, Janice M. Mueller, Daniel Harris Brean
Overcoming The "Impossible Issue" Of Nonobviousness In Design Patents, Janice M. Mueller, Daniel Harris Brean
Kentucky Law Journal
No abstract provided.
Corporate Gatekeepers: An Examination Of The Transactional Lawyer's Role, William H. Dorton
Corporate Gatekeepers: An Examination Of The Transactional Lawyer's Role, William H. Dorton
Kentucky Law Journal
No abstract provided.
Non-Prisoner Pro Se Litigation In The United States District Court For The Eastern District Of Kentucky: Analyzing 2004 And 2007 Cases From Filing To Termination, Timothy D. Thompson
Non-Prisoner Pro Se Litigation In The United States District Court For The Eastern District Of Kentucky: Analyzing 2004 And 2007 Cases From Filing To Termination, Timothy D. Thompson
Kentucky Law Journal
No abstract provided.
Conditioning Democratization: Eu Membership Conditionality And Domestic Politics In Balkan Institutional Reforms, Ridvan Peshkopia
Conditioning Democratization: Eu Membership Conditionality And Domestic Politics In Balkan Institutional Reforms, Ridvan Peshkopia
University of Kentucky Doctoral Dissertations
The uneven effects of EU membership conditionality on Eastern European reforms continue to puzzle the research community. Sometimes, the research focus has been too large, considering EU membership conditionality as a policy implemented uniformly across policy areas. Other efforts take a too narrow approach by trying to explain the effects of EU membership conditionality in single sectors. I suggest studying this phenomenon through a set of mid-level theories in a cross-country, cross-sectorial approach. I argue that both the intensity of EU membership conditionality and reform outcomes are contingent upon the policy sector context; hence, we should take a sectorial contextual …
Commas And Colons And Semicolons - Oh My! 10 Rules To Remember, Diane B. Kraft
Commas And Colons And Semicolons - Oh My! 10 Rules To Remember, Diane B. Kraft
Law Faculty Popular Media
In this column for Kentucky Bar Association's magazine (B&B - Bench & Bar), Professor Kraft provides ten helpful grammar rules for commas. colons, and semicolons.
Brief Of Amicus Curiae Id Software Llc In Support Of Respondents, Paul E. Salamanca, James T. Drakeley, D. Wade Cloud Jr., Kevin J. Keith, J. Griffin Lesher, Amy Yeung
Brief Of Amicus Curiae Id Software Llc In Support Of Respondents, Paul E. Salamanca, James T. Drakeley, D. Wade Cloud Jr., Kevin J. Keith, J. Griffin Lesher, Amy Yeung
Law Faculty Advocacy
No abstract provided.
Discretionary Pricing, Mortgage Discrimination, And The Fair Housing Act, Robert G. Schwemm, Jeffrey L. Taren
Discretionary Pricing, Mortgage Discrimination, And The Fair Housing Act, Robert G. Schwemm, Jeffrey L. Taren
Law Faculty Scholarly Articles
For generations, mortgage lending has always been the gateway to the American dream of homeownership, and, historically, has also been characterized by widespread discrimination against racial and ethnic minorities and their communities. Mortgage discrimination in the modem era has often been accomplished through a technique known as discretionary pricing, in which lenders allow their loan officers and brokers to increase borrowers' costs from an objectively determined base rate. In the past decade alone, discretionary pricing has cost minority homeowners billions of dollars in extra payments, which, in tum, has led these minorities to suffer higher foreclosure rates than whites and …
Making Stuff Up, Richard H. Underwood
Making Stuff Up, Richard H. Underwood
Law Faculty Scholarly Articles
Beginning with an article in this Journal almost thirty years ago, Professor Underwood continues to research and write about legal ethics and litigation. In this Commentary, he offers a witty look at several cases where, in his opinion, the judge allowed improper arguments to the jury.
The Role Of Trust Protectors In American Trust Law, Richard C. Ausness
The Role Of Trust Protectors In American Trust Law, Richard C. Ausness
Law Faculty Scholarly Articles
“A trust is an arrangement whereby one person (the trustor) transfers property to another person or entity (the trustee) and directs the trustee to hold the property for the benefit of another person (the beneficiary).” These days, trustees often have significant discretionary and administrative powers. The increased use of institutional trustees, as well as the growing sophistication and complexity of modern trust asset management, have induced many settlors to give their trustees greater power and discretion. In addition, many states have enacted statutes, such as the Uniform Trustees’ Powers Act or the Uniform Trust Code (UTC), that confer broad powers …
Relationship And Injury Trends In The Homicide Of Women Across The Lifespan: A Research Note, Carol E. Jordan, Adam J. Pritchard, Danielle Duckett, Pamela Wilcox, Tracey Corey, Mandy Combest
Relationship And Injury Trends In The Homicide Of Women Across The Lifespan: A Research Note, Carol E. Jordan, Adam J. Pritchard, Danielle Duckett, Pamela Wilcox, Tracey Corey, Mandy Combest
Office for Policy Studies on Violence Against Women Publications
In 2006, more than 3,600 women in the United States lost their lives to homicide. Descriptive data regarding homicides of women are beginning to reveal important complexities regarding victim–offender relationships, severity of injury, and age of female homicide victim. More specifically, there is some indication that the correlation between victim–offender relationship and injury severity may be conditional, depending on victim age. This retrospective review accessed medical examiner records of female homicide victims from 2002 through 2004, and its findings offer additional illumination on the trends in associations of injury and relationship variables in the homicide of women over their life …
The “New” Presumption Against Preemption, Mary J. Davis
The “New” Presumption Against Preemption, Mary J. Davis
Law Faculty Scholarly Articles
Is there or isn't there a “presumption against preemption”? The Supreme Court continues to mention it, but then does, or does not, apply it in a way that helps us understand what it is. This Article explores the Court's preemption opinions in the last several decades, particularly its most recent pronouncements, and concludes that, indeed, there is a presumption against preemption. It is a "new" presumption in the sense that it is born of the Court's active preemption docket in the last two decades, which has more narrowly defined both express and implied preemption analysis. The "new" presumption is stronger …
Green V. Alpharma, Inc.: The Causal Connection Between The Use Of Growth Hormones In Chicken Feed And Cancer And Its Impact On The Agricultural Industry, Sunni R. Harris
Green V. Alpharma, Inc.: The Causal Connection Between The Use Of Growth Hormones In Chicken Feed And Cancer And Its Impact On The Agricultural Industry, Sunni R. Harris
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
Horse Cents: A Tax Guide For Homeowners Offering Their Homes For Rent During The World Equestrian Games, Meghan Jackson Tyson
Horse Cents: A Tax Guide For Homeowners Offering Their Homes For Rent During The World Equestrian Games, Meghan Jackson Tyson
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
When Politics Profoundly Affect The Agriculture Industry: The Role Of Judicial Review Of Administrative Actions In North Carolina Growers' Ass'n, Inc. V. Solis, R. Ramsey Groves
When Politics Profoundly Affect The Agriculture Industry: The Role Of Judicial Review Of Administrative Actions In North Carolina Growers' Ass'n, Inc. V. Solis, R. Ramsey Groves
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
Developing Community Gardens: Removing Barriers To Improve Our Society, Adrianne C. Crow
Developing Community Gardens: Removing Barriers To Improve Our Society, Adrianne C. Crow
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
Churchill Downs, Inc. V. Thoroughbred Horsemen's Group, Llc "Antitrust Liability And The Horse Racing Industry", Tara N. Hester
Churchill Downs, Inc. V. Thoroughbred Horsemen's Group, Llc "Antitrust Liability And The Horse Racing Industry", Tara N. Hester
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
An Alternate Functionality Reality, Harold R. Weinberg
An Alternate Functionality Reality, Harold R. Weinberg
Law Faculty Scholarly Articles
Trade dress law does not protect the appearance of a product design feature (e.g., a product's configuration) against unauthorized copying if the feature is functional, but may protect the appearance if the feature is nonfunctional. The functionality doctrine is intended to preserve competition in the market for a product incorporating a design feature that allegedly is protected by trade dress law, and to avoid conflicts between trade dress law and patent law. The Supreme Court last addressed the functionality doctrine in TrafFix Devices, Inc. v. Marketing Displays, Inc. The Court intended TrafFix to “choke off” anticompetitive trade dress “strike suits.” …
Environmental Groups Challenging Offshore Drilling As Explained In Center For Biological Diversity V. United States Department Of The Interior, Katherine L. Huddleston
Environmental Groups Challenging Offshore Drilling As Explained In Center For Biological Diversity V. United States Department Of The Interior, Katherine L. Huddleston
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
Foreword: Rights, Remedies, And Rose, Scott R. Bauries
Foreword: Rights, Remedies, And Rose, Scott R. Bauries
Law Faculty Scholarly Articles
In this Foreword to the University of Kentucky’s “Rose at 20” Special Feature, I seek to introduce the three featured articles, as well as to identify two major paradigm shifts in school finance litigation that grew out of the Kentucky Supreme Court’s decision in Rose v. Council for Better Education. The Rose decision is commonly thought of as a bridge between prior education litigation strategies founded primarily on theories of equity or equality and subsequent litigation strategies founded primarily on theories of adequacy. Although the distinction between these two strategies is well-worn, it obscures two important changes to …
The Politics Of Urban Natural Areas Management At The Local Level: A Case Study, Steven M. Davis
The Politics Of Urban Natural Areas Management At The Local Level: A Case Study, Steven M. Davis
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
A Practitioner's Guide To The Oklahoma Groundwater Act: How To Dip Your Bread Into The Gravy While It Is Still Hot, L. Paul Goeringer
A Practitioner's Guide To The Oklahoma Groundwater Act: How To Dip Your Bread Into The Gravy While It Is Still Hot, L. Paul Goeringer
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
Breathing Easier: Equal Protection And Workers' Compensation For Coal Workers' Pneumoconiosis In Durham V. Peabody Coal Company, Matthew C. Cocanougher
Breathing Easier: Equal Protection And Workers' Compensation For Coal Workers' Pneumoconiosis In Durham V. Peabody Coal Company, Matthew C. Cocanougher
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
Federal Preemption In Metro Taxicab Board Of Trade V. City Of New York: A Red Light For Local Green Laws, Derek Leslie
Federal Preemption In Metro Taxicab Board Of Trade V. City Of New York: A Red Light For Local Green Laws, Derek Leslie
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
Empaneling The Peers Of Polluters: Obtaining A Jury Trial Under The Opa And Cercla As Explained In United States V. Viking Resources, Inc., Addison J. Schreck
Empaneling The Peers Of Polluters: Obtaining A Jury Trial Under The Opa And Cercla As Explained In United States V. Viking Resources, Inc., Addison J. Schreck
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
Communicating Climate Change: Strategies To Motivate The Agricultural Sector, Barclay Rogers
Communicating Climate Change: Strategies To Motivate The Agricultural Sector, Barclay Rogers
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
The Energy Independence And Security Act Of 2007: Can Biotechnology Help Overcome Potential Obstacles To Meeting Its Energy Goals?, Blair H. Moses
The Energy Independence And Security Act Of 2007: Can Biotechnology Help Overcome Potential Obstacles To Meeting Its Energy Goals?, Blair H. Moses
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.