Law Commons^™

"Prejudgment" Rejudgment: The True Story Of Antoniu V. Sec, Douglas C. Michael

Law Faculty Scholarly Articles

In Antoniu v. SEC, the Eighth Circuit found that Charles C. Cox, then a member of the Securities and Exchange Commission (SEC or Commission), had "impermissibly tainted" an SEC administrative proceeding against Antoniu by a speech Cox gave while the proceeding was pending. In this way, Commissioner Cox is now joined with former Federal Trade Commission (FTC) Chairman Paul Rand Dixon of Texaco, Inc. v. FTC and Cinderella Career & Finishing Schools, Inc. v. FTC fame as an administrative law casebook poster child for "prejudgment" by an administrative agency.

After a brief discussion of the factual background of the …

Lessons In Legal Ethics From Reading About The Life Of Lincoln, Eugene R. Gaetke

Law Faculty Scholarly Articles

Abraham Lincoln is an icon of American history. He is prominently named in various opinion polls as among the best Presidents in the history of the United States. His stature as a great President is perhaps best reflected currently in the stream of events constituting a national two-year celebration of his 1809 birth. Even before that, however, scholarly and popular interest and Lincoln’s life and Presidency continued unabated, as indicated by the steady publication and success of books about him. Notable among these works is David Herbert Donald’s best-selling biography of our sixteenth President titled Lincoln.

Although Mr. Donald’s …

Product Liability's Parallel Universe: Fault-Based Liability Theories And Modern Products Liability Law, Richard C. Ausness

Law Faculty Scholarly Articles

Strict liability has always been the heart and soul of American products liability law. As early as 1963, Justice Roger Traynor in Greenman v. Yuba Power Products, Inc. stated that "[a] manufacturer is strictly liable in tort when an article he places on the market, knowing that it will be used without inspection for defects, proves to have a defect that causes injury to a human being." Shortly thereafter, the drafters of section 402A of the Restatement (Second) of Torts made it clear that the exercise of due care would not shield sellers from liability when their products caused injury. …

A Confused Concern Of The First Amendment: The Uncertain Status Of Constitutional Protection For Individual Academic Freedom, Neal H. Hutchens

Educational Policy Studies and Evaluation Faculty Publications

The question of whether the First Amendment protects the individual academic freedom of faculty members at public colleges and universities has resulted in divergent views among courts and legal scholars. In joining the ongoing discourse regarding constitutional protection for academic freedom, this article considers using academic freedom policies and standards voluntarily adopted by institutions as a basis to provide First Amendment protection for faculty speech at public colleges and universities. The article proposes that such policies present one alternative to help clear some of the legal fog regarding First Amendment protection for individual academic freedom, especially in relation to the …

Preserving The Independence Of Public Higher Education: An Examination Of State Constitutional Autonomy Provisions For Public Colleges And Universities, Neal H. Hutchens

Educational Policy Studies and Evaluation Faculty Publications

In American higher education, the need to make public colleges and universities responsive to the public interest is often in tension with the necessity of providing institutions with the requisite authority to manage their internal affairs. In seeking to strike a balance between acceptable state oversight versus the need to safeguard the authority of public colleges and universities to manage their own affairs, some states rely on constitutional provisions to limit excessive state governmental intrusion. Specifically, these provisions vest constitutional authority in public higher education governing boards to direct the affairs of institutions or systems under their direction. In contrast …

Strader V. Graham: Kentucky's Contribution To National Slavery Litigation And The Dredscott Decision, Robert G. Schwemm

Kentucky Law Journal

No abstract provided.

Putting The Mice In Charge Of The Cheese: Why Federal Judges Cannot Always Be Trusted To Police Themselves And What Congress Can Do About It, Lara A. Bazelon

Kentucky Law Journal

No abstract provided.

Dirty Business: Legal Prophylaxis For Nosocomial Infections, Robert Steinbuch

Kentucky Law Journal

No abstract provided.

What The Doctor Ordered: Balancing Religion And Patient Rights In U.S. Pharmacies, Rachel T. Caudel

Kentucky Law Journal

No abstract provided.

The Facebook Frontier: Responding To The Changing Face Of Privacy On The Internet, Samantha L. Millier

Kentucky Law Journal

No abstract provided.

Rewinding Time: Advances In Mitigating Hindsight Bias In Patent Obviousness Analysis, Jun Wu

Kentucky Law Journal

No abstract provided.

Lessons In Legal Ethics From Reading About The Life Of Lincoln, Eugene R. Gaetke

Kentucky Law Journal

No abstract provided.

Ghosts Of Horace Gray: Customary International Law As Expectation In Human Rights Litigation, Daniel Ryan Koslosky

Kentucky Law Journal

No abstract provided.

The Difficult Road To Compelling Vaccination For Sexually Transmitted Diseases--How Gardasil And Those To Follow Will Change The Way That States Require Inoculation, Jonathan T. Scott

Kentucky Law Journal

No abstract provided.

Apparent Authority In Computer Searches: Sidestepping The Fourth Amendment, John-Robert Skrabanek

Kentucky Law Journal

No abstract provided.

The Constitutional Status Of Morals Legislation, John Lawrence Hill

Kentucky Law Journal

No abstract provided.

A Reappraisal Of Attorneys' Fees In Bankruptcy, Michelle Arnopol Cecil

Kentucky Law Journal

No abstract provided.

The Jurisdictional Entrapment Defense: An Analytic Framework For Claims Of Manufactured Jurisdiction In Child Exploitation Prosecutions, Leonid Feller

Kentucky Law Journal

No abstract provided.

Are Noncompete Contracts Between Physicians Bad Medicine? Advocating In The Affirmative By Drawing A Public Policy Parallel To The Legal Profession, Alina Klimkina

Kentucky Law Journal

No abstract provided.

Widespread Panic: Why The Mortgage Lending Industry Can Calm Down About Amending Cramdown, David T. Newton

Kentucky Law Journal

No abstract provided.

Cell Phones Pose A Distraction To Drivers But Legislative Ban Is Not The Answer, Annie Barret Wallin

Kentucky Law Journal

No abstract provided.

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

Kentucky Law Journal

No abstract provided.

The Undiscovered Country: Execution Competency & Comprehending Death, Jeffrey L. Kirchmeier

Kentucky Law Journal

No abstract provided.

Deferring Ineffectiveness Claims To Collateral Review: Ensuring Equal Access And A Right To Appointed Counsel, Thomas M. Place

Kentucky Law Journal

No abstract provided.

When Is An Equity Participant Actually A Creditor? The Effects Of In Re Afi Holding On Ponzi Scheme Victims And The Good Faith Defense, James Butler Cash Jr.

Kentucky Law Journal

No abstract provided.

Juror Incomprehension: Advocating For A Holistic Reform Of Jury Instructions, J. Brittany Cross

Kentucky Law Journal

No abstract provided.

CoWho? Kentucky's Need To Statutorily Define Property Interests In Geologically Sequestered Carbon Dioxide, E. Chase Dressman

Kentucky Law Journal

No abstract provided.

Bizarre Love Triangle: The Spending Clause, Section 1983, And Medicaid Entitlements, Nicole Huberfeld

Law Faculty Scholarly Articles

The first two terms of the Roberts Court signal a willingness to revisit precedent, even decisions that have been considered long-settled, and the United States Supreme Court may be ready to reinterpret another area of jurisprudence: the private enforcement of conditions on federal spending against states through actions under 42 U.S.C. § 1983. The most recent pre-Roberts Court precedent is Gonzaga University v. Doe, a 2002 decision that made it more difficult for individuals harmed by violations of federal laws to enforce rights through § 1983 actions. Federal courts have inconsistently and confusingly applied the Gonzaga framework, but the …

Copyright And Permissions: Sometimes They're The Same, Kopana Terry

Library Presentations

No abstract provided.

Is The Right To Vote Really Fundamental?, Joshua A. Douglas

Law Faculty Scholarly Articles

This Article poses a question at the core of our democracy: Is the constitutional right to vote a fundamental right? The answer, surprisingly, is “not always.”

For over forty years, the Supreme Court has fostered confusion surrounding the right to vote by creating two lines of election law cases. In one breath the Court calls the right to vote fundamental and applies strict scrutiny review. In another, the Court fails to recognize the right as fundamental and uses a lower level of scrutiny. These two lines of cases have coexisted, leaving lower courts and litigants with little guidance on how …