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Articles 1471 - 1500 of 6982

Full-Text Articles in Law

A Historical View Of The Solutions Offered To Regulate Concentrated Animal Feeding Operations Under The Clean Water Act: What Has Been Learned?, John C. Becker, John H. Howard Jan 2010

A Historical View Of The Solutions Offered To Regulate Concentrated Animal Feeding Operations Under The Clean Water Act: What Has Been Learned?, John C. Becker, John H. Howard

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

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Jockey Advertising Regulations In Horseracing, Natasha C. Farmer Jan 2010

Jockey Advertising Regulations In Horseracing, Natasha C. Farmer

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

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U.S. V. Bailey: An Expansion Of Federal Clean Water Act Jurisdiction, Anthony Cash Jan 2010

U.S. V. Bailey: An Expansion Of Federal Clean Water Act Jurisdiction, Anthony Cash

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

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Smooth Transition Or Unfair Burden? Evaluating The Constitutionality Of The Fair And Equitable Tobacco Reform Act In Swisher International, Inc. V. Schafer, Cara C. Houlehan Jan 2010

Smooth Transition Or Unfair Burden? Evaluating The Constitutionality Of The Fair And Equitable Tobacco Reform Act In Swisher International, Inc. V. Schafer, Cara C. Houlehan

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

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Depaul V. Commonwealth: A Look At Political Contributions Associated With The Horse-Racing Industry, Stephanie M. Wurdock Jan 2010

Depaul V. Commonwealth: A Look At Political Contributions Associated With The Horse-Racing Industry, Stephanie M. Wurdock

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

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Loss Of Parental Consortium: Why Kentucky Should Re-Recognize The Claim Outside The Wrongful Death Context, Collin D. Schueler Jan 2010

Loss Of Parental Consortium: Why Kentucky Should Re-Recognize The Claim Outside The Wrongful Death Context, Collin D. Schueler

Law Faculty Scholarly Articles

The term "consortium" has been defined as "[t]he benefits that one person . . . is entitled to receive from another, including companionship, cooperation, affection, aid, [and] financial support." Under Kentucky law, "[e]ither a wife or husband may recover damages against a third person for loss of consortium, resulting from a negligent or wrongful act of such third person.” Furthermore, "[in] a wrongful death action in which the decedent was a minor child, the surviving parent, or parents, may recover for loss of affection and companionship that would have been derived from such child during its minority…” In Giuliani v. …

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Reconciling Development And Natural Beauty: The Promise And Dilemma Of Conservation Easements, Zachary A. Bray Jan 2010

Reconciling Development And Natural Beauty: The Promise And Dilemma Of Conservation Easements, Zachary A. Bray

Law Faculty Scholarly Articles

Local and regional private land trusts are among the most important and most numerous conservation actors in contemporary America, and conservation easements are perhaps the key land conservation tools used by these trusts. In recent decades, privately held conservation easements and local and regional private land trusts have grown at a rapid and increasing rate, and the total acreage protected by privately held conservation easements is now larger than some states. The early growth of privately held conservation easements met widespread approval, but more recently, contemporary conservation easement practice has attracted many critics, based in part on well-publicized national scandals …

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Uk Law Notes, 2010, University Of Kentucky College Of Law Jan 2010

Uk Law Notes, 2010, University Of Kentucky College Of Law

Annual Magazines

No abstract provided.

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Collective Bargaining As A Dispute-Reduction Vehicle Accommodating Contrary Animal Welfare Agendas, Michael N. Widener Jan 2010

Collective Bargaining As A Dispute-Reduction Vehicle Accommodating Contrary Animal Welfare Agendas, Michael N. Widener

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

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The Impact Of Wyeth V. Levine On Fda Regulation Of Prescription Drugs, Richard C. Ausness Jan 2010

The Impact Of Wyeth V. Levine On Fda Regulation Of Prescription Drugs, Richard C. Ausness

Law Faculty Scholarly Articles

On March 4, 2009, the United States Supreme Court decided Wyeth v. Levine. In that case, the Court concluded that the plaintiff's failure to warn claim against the makers of the drug Phenergan was not impliedly preempted by the Food, Drug and Cosmetic Act (FDCA). In doing so, the Court rejected the argument of the U.S. Food and Drug Administration (FDA) that tort claims of this nature stand as an obstacle to federal regulatory objectives. This article evaluates the Court's opinion in Wyeth and examines that decision's impact on subsequent litigation in the area of prescription drug labeling. In …

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Conditional Spending And Compulsory Maternity, Nicole Huberfeld Jan 2010

Conditional Spending And Compulsory Maternity, Nicole Huberfeld

Law Faculty Scholarly Articles

More than forty-six million Americans are uninsured, and many more are seeking government assistance, which makes congressional spending for federal programs a significant issue. Federal funding often comes with prerequisites in the form of statutory conditions. This Article examines the impact that conditions placed on federal healthcare spending have on the individuals who rely on that spending by exploring the ongoing disconnect between Spending Clause jurisprudence and women's reproductive rights. The first Part reviews the foundational Supreme Court precedents and places them in context from both a statutory and theoretical perspective. The second Part studies what the author denominates "pure …

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A Behavioral Approach To Human Rights, Andrew K. Woods Jan 2010

A Behavioral Approach To Human Rights, Andrew K. Woods

Law Faculty Scholarly Articles

For the last sixty years, scholars and practitioners of international human rights have paid insufficient attention to the ground level social contexts in which human rights norms are imbued with or deprived of social meaning. During the same time period, social science insights have shown that social conditions can have a significant impact on human behavior. This Article is the first to investigate the far-ranging implications of behavioralism—especially behavioral insights about social influence—for the international human rights regime. It explores design implications for three broad components of the regime: the content, adjudication, and implementation of human rights. In addition, the …

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Is There An Elephant In The Room?: Judicial Review Of Educational Adequacy And The Separation Of Powers In State Constitutions, Scott R. Bauries Jan 2010

Is There An Elephant In The Room?: Judicial Review Of Educational Adequacy And The Separation Of Powers In State Constitutions, Scott R. Bauries

Law Faculty Scholarly Articles

Scholarship of education finance adequacy litigation has nearly universally acknowledged the thorny separation of powers problem that this form of litigation presents for state courts. This scholarship tacitly assumes a uniform approach to separation of powers among the states – one that defaults to the federal approach. Proposals for adjudicatory reforms purport either to respect separation of powers principles as we know them from federal case law or to reject the notion that such principles should have real operation in any state courts. However, this scholarship has not addressed, or even acknowledged, what would seem to be a very large …

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Drug Law Reform—Retreating From An Incarceration Addiction, Robert G. Lawson Jan 2010

Drug Law Reform—Retreating From An Incarceration Addiction, Robert G. Lawson

Law Faculty Scholarly Articles

Now, thirty years into the "war on drugs," views about the law's reliance on punishment to fix the drug problem are less conciliatory and more absolute: "[t]he notion that 'the drug war is a failure' has become the common wisdom in academic ... circles." Those who have most closely studied the results of the "war" believe that it has "accomplished little more than incarcerating hundreds of thousands of individuals whose only crime was the possession of drugs." More importantly, they believe that it has had little if any effect on the drug problem: "Despite the fact that the number of …

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Originalism And Original Exclusions, Mark S. Stein Jan 2010

Originalism And Original Exclusions, Mark S. Stein

Kentucky Law Journal

No abstract provided.

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Professional Responsibilities Of Co-Counsel: Joint Venturers Or Scorpions In A Bottle?, Douglas R. Richmond Jan 2010

Professional Responsibilities Of Co-Counsel: Joint Venturers Or Scorpions In A Bottle?, Douglas R. Richmond

Kentucky Law Journal

No abstract provided.

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A Dangerous Undertaking Indeed: Juvenile Humor, Raunchy Jokes, Obscene Materials And Bad Taste In Copyright, David E. Shipley Jan 2010

A Dangerous Undertaking Indeed: Juvenile Humor, Raunchy Jokes, Obscene Materials And Bad Taste In Copyright, David E. Shipley

Kentucky Law Journal

No abstract provided.

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Taking The "Leed": Determining The Appropriate Amount Of Government Regulation In Green Building Projects, A. Paige Reber Jan 2010

Taking The "Leed": Determining The Appropriate Amount Of Government Regulation In Green Building Projects, A. Paige Reber

Kentucky Law Journal

No abstract provided.

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Roll Up The Constitution And Unfurl The Tarp: How Spending Conditions In The Troubled Asset Relief Program Violate The Constitution, David T. Riley Jan 2010

Roll Up The Constitution And Unfurl The Tarp: How Spending Conditions In The Troubled Asset Relief Program Violate The Constitution, David T. Riley

Kentucky Law Journal

No abstract provided.

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Making Changes: Generic Drug Labeling And The Case Against Federal Preemption, Lesley A. Stout Jan 2010

Making Changes: Generic Drug Labeling And The Case Against Federal Preemption, Lesley A. Stout

Kentucky Law Journal

No abstract provided.

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New Directions In School Funding And Governance: Moving From Politics To Evidence, Benjamin Michael Superfine Jan 2010

New Directions In School Funding And Governance: Moving From Politics To Evidence, Benjamin Michael Superfine

Kentucky Law Journal

No abstract provided.

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Foreword: Rights, Remedies, And Rose, Scott R. Bauries Jan 2010

Foreword: Rights, Remedies, And Rose, Scott R. Bauries

Kentucky Law Journal

No abstract provided.

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Judicial Humility: The Enduring Legacy Of Rose V. Council For Better Education, William E. Thro Jan 2010

Judicial Humility: The Enduring Legacy Of Rose V. Council For Better Education, William E. Thro

Kentucky Law Journal

No abstract provided.

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Justiciability, Adequacy, Advocacy, And The "American Dream", R. Craig Wood Jan 2010

Justiciability, Adequacy, Advocacy, And The "American Dream", R. Craig Wood

Kentucky Law Journal

No abstract provided.

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The Evolving Role Of The Courts In School Reform Twenty Years After Rose, William S. Koski Jan 2010

The Evolving Role Of The Courts In School Reform Twenty Years After Rose, William S. Koski

Kentucky Law Journal

No abstract provided.

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Remembering The Endangered "Child": Limiting The Definition Of "Safe Haven" And Looking Beyond The Safe Haven Law Framework, Lucinda J. Cornett Jan 2010

Remembering The Endangered "Child": Limiting The Definition Of "Safe Haven" And Looking Beyond The Safe Haven Law Framework, Lucinda J. Cornett

Kentucky Law Journal

No abstract provided.

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English Only?--The "Power" Of Kentucky's Official Language Statute, Mark A. Flores Jan 2010

English Only?--The "Power" Of Kentucky's Official Language Statute, Mark A. Flores

Kentucky Law Journal

No abstract provided.

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A "Preposterous Anomaly": Sovereign Immunity In Kentucky Following The Crash Of Comair Flight 5191, Nathaniel R. Kissel Jan 2010

A "Preposterous Anomaly": Sovereign Immunity In Kentucky Following The Crash Of Comair Flight 5191, Nathaniel R. Kissel

Kentucky Law Journal

No abstract provided.

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Loss Of Parental Consortium: Why Kentucky Should Re-Recognize The Claim Outside The Wrongful Death Context, Collin D. Schueler Jan 2010

Loss Of Parental Consortium: Why Kentucky Should Re-Recognize The Claim Outside The Wrongful Death Context, Collin D. Schueler

Kentucky Law Journal

No abstract provided.

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A Brief History Of Banking And Investment Regulation In The Us And A Challenge To Remain The Greatest Nation In The World, William T. Coleman Jr. Jan 2010

A Brief History Of Banking And Investment Regulation In The Us And A Challenge To Remain The Greatest Nation In The World, William T. Coleman Jr.

Kentucky Law Journal

No abstract provided.

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